FEDERAL REGISTER VOLUME 7 f\ i » 9 3 4 ^ NUMBER 10 c O a/ i t ì O ^

Washington, Thursday, January 15, 1942

The President shall be held for subsequent credit upon CONTENTS indebtedness to the Corporation, in ac­ cordance with the provisions of THE PRESIDENT EXECUTIVE ORDER §§ 12.3112-51 and 12.3112-52.* Executive Order: Pa6e *§§ 12.3112-50 to 12.3112-52, inclusive, Alaska, partial revocation of or­ Partial R evocation of Executive Order issued under the authority contained in 48 der withdrawing certain No. 6957 of F ebruary 4, 1935, W it h ­ Stat. 344, 845; 12 U.S.C. §§ 1020, 1020a. public lands------267 drawing Certain P ublic Lands § 12.3112-51 ' Interest; application of RULES, REGULATIONS, ALASKA conditional payments on indebtedness; ORDERS By virtue of the authority vested in disposition of unapplied conditional pay­ me by the act of June 25, 1910, c. 421, ments after payment of indebtedness in T itle 6—Agricultural Credit: 36 Stat. 847, Executive Order No. 6957 full. The provisions of §§ 10.387-51, Farm Credit Administration: of February 4, 1935, temporarily with­ 10.387-52, and 10.387-53,1 Part 10 of Title Federal Farm Mortgage Cor­ drawing certain lands in Alaska from ap­ 6, Code of Federal Regulations, dealing poration, conditional pay­ propriation under the public-land laws, with “Interest”, “Application of condi­ ments by borrowers------267 is hereby revoked as to the following- tional payments on indebtedness”, and Loans by production credit described tracts, in order to validate “Disposition of unapplied conditional associations, charges to homestead entry No. 08352, Anchorage payments after payment of indebtedness borrowers.______267 series, of Lannah Z. Scott: in full”, shall be applicable to conditional T itle 7—Agriculture: payments accepted by the Corporation Sugar Division, Agricultural S ew a r d M e r id ia n in the same manner as though the word Adjustment Administra­ T. 18 N., R. 2 E., sec. 30, lots 3, 4, E%SW%* “bank” wherever it appears in said sec­ tion: F ranklin D R oosevelt tion were the word “corporation”.* Puerto Rico, determination of § 12.3112-52 Evidence of acceptance farming practices for T he White H ouse, of conditional payments. The evidence January 13, 1942 sugarcane production, of acceptance of conditional payments crop year 1941-42------268 [No. 9022] accepted by the Corporation shall be sub­ T itle 10—Arm y: W ar D epartment: ject to the provisions of § 10.387-54,1 [P. R. Doc. 42-353; Piled, January 14, 1942; Officers’ Reserve Corps, age and 10:06 a. m.] Part 10 of Title 6, Code of Federal Regu­ citizenship requirements— 269 lations, insofar as applicable, and the Personnel: form of receipt used shall have the ap­ Admission to United States proval of the Federal Farm Mortgage Rules, Regulations, Orders Military Academy------270 Corporation.* Appointment of officers; [seal] H arris E. W illingham, waiver of physical de­ Executive Vice-President, Federal TITLE 6—AGRICULTURAL CREDIT fects ______270 Farm Mortgage Corporation. Enlistment of aviation cadets. 270 CHAPTER I—FARM CREDIT [P. R. Doc. 42-381; Piled, January 14, 1942; T itle 14—Civil Aviation: ADMINISTRATION 11:33 a. m.] Civil Aeronautics Board: P art 12—Conditional P ayments by Airplane airworthiness certifi­ Borrowers cates, continuance in ef­ fect ______272 Part 12 of Title 6, Code of Federal Regulations, is amended by adding [Amendment No. 2] T itle 16—Commercial P ractices: §§ 12.3112-50 to 12.3112-52, as follows: Federal Trade Commission : P art 50—R ules and R egulations for Cease and desist orders : § 12.3112-50 Acceptance of condi­ P roduction Credit Associations P ro­ Davis, E. R., Prescription tional payments. The Federal Farm mulgated by the F arm Credit Admin­ Co______272 Mortgage Corporation has authorized the istration Jacobson, Arthur______273 acceptance of conditional payments for loans by production credit associations: subsequent credit upon indebtedness to T itle 30—M ineral R esources: charges to borrowers Bituminous Coal Division: the Corporation under first mortgage Rock Springs Fuel Co. and Commissioner loans (C-l loans) or under Section 50.13 of Title 6, Code of Fed­ District No. 19, temporary purchase mortgages and real estate con­ eral Regulations (as amended, 4 F.R. and conditionally final tracts arising out of sale of real property 4807) is amended to read as follows: securing such loans." Conditional pay­ relief, etc______273 ments accepted under this authorization *6 P.R. 4506. (Continued on next page) 267 26S FEDERAL REGISTER, Thursday, January 15, 1942 CONTENTS—Continued TITLE 7—AGRICULTURE Department of the Interior: CHAPTER VHI—SUGAR DIVISION OF FECERALÄREGISTER Bituminous Coal Division: PaS® THE AGRICULTURAL A D JU S T ­ Bennett, J. W., petition dis­ MENT ADMINISTRATION \ 1934 missed ______294 P art 802—S ugar D eterminations Hearings, postponements, etc.: Brimer, A. J______292 determination of farming practices to Published daily, except Sundays, Mondays, District Board 11------292 BE CARRIED OUT IN CONNECTION W ITH THE and days following legal holidays by the Elf gen Coal Co______293 PRODUCTION OF SUGARCANE DURING THE Division of the Federal Register, The National Mammoth Block Coal Co— 292 CROP YEAR 1 9 4 1 - 4 2 FOR PUERTO RICO, Archives, pursuant to the authority con­ tained in the Federal Register Act, approved Material Service Corp------293 PURSUANT TO THE SUGAR ACT OF 1 9 3 7 , AS July 26, 1935 (49 Stat. 500), under regula­ Morris & Campbell------293 AMENDED tions prescribed by the Administrative Com­ Tennessee River Coal Co— 294 mittee, approved by the President. Manzagol, Anton, cease and Pursuant to the provisions of section The Administrative Committee consists of desist order.:______294 301 (e) of the Sugar Act of 1937, as the Archivist or Acting Archivist, an officer amended, the following determination is of the Department of Justice designated by Miller Coal Co., code mem­ the Attorney General, and the Public Printer bership cancelled------294 hereby issued: or Acting Public Printer. Petitions dismissed, District § 802.43d Farming practices to be The daily issue of the F ed er a l R e g is t e r Board 11: Will be furnished by mail to subscribers, free carried out in connection with the pro­ of postage, for $1.25 per m onth or $12.50 per Ayrshire Patoka Collieries duction of sugarcane during the crop year; single copies 10 cents each; payable in Corp______293 year 1941-2—(a) For all farms, except advance. Remit money order payable to the R. & G. Coal Co______— 293 in the Island of Vieques. The require­ Superintendent of Documents directly to the Sunlight Coal Co. and Te- ments of section 301 (e) of the Sugar Government Printing Office, Washington, D. C. cumseh Coal Corp------293 Act of 1937, as amended, shall be deemed Department of Labor: to have been met with respect to a farm Wage and Hour Division: in Puerto Rico, except in the Island of CONTENTS—Continued Learner employment certifi­ Vieques, if there are carried out prior cates, various industries to April 30, 1942, the following farming T itle 32—N ational D efense: (2 documents)______296 practices: Office of Price Administration: PaSe Luggage, Leather Goods, and C o p p e r , price s c h e d u le Women’s Handbag In­ (1) Farms containing more than 400 amended______283 dustry, committee ap­ acres of sugarcane. For farms on which Lead price schedules: pointed ______297 more than 400 acres of sugarcane are Lead scrap materials: sec­ Federal Communications Com­ growing at any time during 1941: ondary lead including mission: (1) The application to land on which calking lead; battery Hot Springs Chamber of Com- sugarcane is planted during 1941 of suffi­ lead scrap; and pri­ merce and Southland Radio cient chemical fertilizer to provide an mary and secondary Corp., hearing______298 average quantity of plant food per acre antimonial lead------286 Securities and Exchange Com­ fertilized equal to not less than the Primary lead — ------284 mission: greater of either 150 pounds or 80 per­ Office of Production Manage­ Hearings: cent of the average quantity of plant food ment: Central States Power & Light contained in the chemical fertilizer ap­ Jewel bearings, conservation Corp., et al______300 plied to similar land in 1937 or 1938, order______278 Compania Eléctrica de Ma­ whichever was smaller. Oil industry, conservation of tamoros S. A. and Com­ (ii) The application to land on which production material (2 pania Eléctrica de Oji- a ratoon crop of sugarcane is started dur­ documents)------281,282 naga S. A______298 ing 1941 of sufficient chemical fertilizer Petroleum production, refin­ Montana Consolidated Mines to provide an average of not less than ing, transportation and Corp., listing withdrawn 100 pounds of plant food per acre ferti­ marketing, preference from Standard Stock Ex­ lized. rating order------279 change of Spokane______299 Selective Service System: Southern Natural Gas Co., filing (2) Farms containing more than 100, Conscientious objectors, etc., notice______299 but not more than 400, acres of sugar­ determination of accepta­ War Department : cane. For farms on which more than bility______276 Hong Kong, restrictions on cer­ 100, but not more than 400, acres of sug­ Physical examination by the tain property transactions, arcane are growing at any time during armed forces------274 etc______:------291 1941: T itle 47—T elecommunication: (i) The application to land on which Federal Communications Com­ sugarcane is planted during 1941 of chem­ mission: § 50.13 Charges to borrowers. Sub­ ical fertilizer in an amount averaging not Amateur radio stations a,nd ject to the approval of the president of less than 400 pounds per acre fertilized. operators, cancellation the corporation the association may pre­ (ii) The application to land on which of special authorizations. 291 scribe charges and other fees to be a ratoon crop of sugarcane is started charged applicants in connection with during 1941 of chemical fertilizer in an T itle 49—T ransportation a n d loans. Inspection fees in excess of $3 R ailroads: amount averaging not less than 265 shall not exceed 1 percent of the amount pounds per acre fertilized. Interstate Commerce Commis­ of the loan commitment. Except when sion: an exemption has been approved by the (3) Farms containing more than 10, Compressed gases in tank president of the corporation the cost of but not more than 100, acres of sugar- cars and motor vehicles, cane. For farms on which more than s h i p p i n g regulations title and/or mortgage abstracts and searches, fees for filing or recording 10, but not more than 100, acres of sug­ amended------291 mortgages, fees in connection with re­ arcane are growing at any time during NOTICES leases, notarial fees in connection with 1941: the execution of loan papers, and other, (i) The application to land on which Department of Agriculture: expenses incurred in closing loans must sugarcane is planted during 1941 of Surplus Marketing Administra­ be paid by the borrower. (Sec. 60, 48 chemical fertilizer in an amount aver­ tion: Stat. 266, 12 U.S.C. 1138) aging not less than 250 pounds per acre Hearings on milk handling: [seal] C. R. Arnold, fertilized. Greater Boston, Mass., mar­ Production Credit Commissioner. (ii) The application to land on which keting area------295 [F. R. Doc. 42-382; Filed, January 14; 1942; a ratoon crop of sugarcane is started Springfield, Mass., market­ during 1941 of chemical fertilizer in an ing area------295 11:33 a. m.] FEDERAL REGISTER, Thursday, January 15, 1942 269 amount averaging not less than 165 ing 1941 of chemical fertilizer in an any, at the rate of $0.50 per hundred pounds per acre fertilized. amount averaging not less than 135 pounds gross weight. (iii) In lieu of the provisions of sub­ pounds per acre fertilized. (e) Standards of performance. The divisions (i) and (ii) of this subpara­ foregoing practices shall be carried out (3) Farms containing more than 10, on the farm in accordance with farm­ graph, the carrying out on the farm of but not more than 100, acres of sugar­ any of the soil building practices con­ ing methods commonly used in the com­ cane. For farms on which more than 10, munity in which the farm is located. tained in the 1941 Agricultural Conser­ but not more than 100, acres of sugar­ vation Program Bulletin for the Insular (f) Definitions. Wherever used in cane are growing at any time during this section, except in paragraph (d), Region as originally approved on March 1941: 13, 1941, for which payment would be chemical fertilizer and plant food are to made in an amount equal to at least (i) The application to land on which be defined as follows: “Chemical fer­ $1 per acre of land on which sugarcane sugarcane is planted during 1941 of tilizer” means commercial chemical fer­ is planted or a ratoon crop of sugarcane chemical fertilizer in an amount aver­ tilizer of which not less than 15 percent is started during 1941. aging not less than 125 pounds per acre of the gross weight consists of plant food. fertilized. “Plant food” means the aggregate amount (4) Farms containing not more than of nitrogen, available phosphoric acid, 10 acres of sugarcane. For farms on (ii) The application to land on which a ratoon crop of sugarcane is started and water soluble potash. (Sec. 301, 50 which not more than 10 acres of sugar­ during 1941 of chemical fertilizer in an Stat. 909 ; 7 U.S.C. 1131) cane are growing at any time during amount averaging not less than 85 pounds 1941: Done at Washington, D. C. this 14th per acre fertilized. day of January 1942. Witness my hand (i) The application during the 1941 (iii) In lieu of the provisions of sub­ and the seal of the Department of Agri­ harvest season to the land from which divisions (i) and (ii) of this subpara­ culture. sugarcane is harvested of the tops and graph, the carrying out on the farm of trash cut from such sugarcane; or [seal] G rover B. H ill, any of the soil building practices con­ Assistant Secretary. (ii) The application of fertilizer in the tained in the 1941 Agricultural Conserva­ amounts, and to the types of land, set tion Program Bulletin for the Insular [F. R. Doc. 42-361; Filed, January 14, 1942; forth in subparagraph (3) (i) and (ii) Region as originally approved on March 11:17 a. m.] of this paragraph; or 13, 1941, for which payment would be (iii) The carrying out on the farm of made in an amount equal to at least any of the soil building practices con­ $1.00 per acre of land on which sugar­ TITLE 10—ARMY: WAR DEPARTMENT tained in the 1941 Agricultural Conser­ cane is planted or a ratoon crop of vation Program Bulletin for the Insular sugarcane is started during 1941. CHAPTER VI—ORGANIZED Region as originally approved on March RESERVES 13, 1941, for which payment would be (4) Farms containing not more than made in an amount equal to at least 10 acres of sugarcane. For farms on P ari 61—Officers’ R eserve Co r ps1 which not more than 10 acres of sugar­ $0.59 per acre of land on which sugar­ § 61.1 Age and citizenship require­ cane is planted or a ratoon crop of cane are growing at any time during 1941: ments. (a) A Reserve officer must at sugarcane is started during 1941. the time of his appointment be a citizen (b) For farms in the Island of Vieques. (i) The application, during the 1941 of the United States or a citizen of the The requirements of section 301 (e) of harvest season, to the land from which Philippine Islands in the military service the said act shall be deemed to have sugarcane is harvested of the tops and of the United States, between the ages been met with respect to a farm in trash cut from such sugarcane; or of 21 and 60 years, except that the mini­ Puerto Rico in the Island of Vieques if (ii) The application of fertilizer in the mum age for appointment as second there are carried out prior to April 30 amounts, and to the types of land, set lieutenant, Air Corps Reserve, is 18 years. 1942, the following farming practices: forth in subparagraph (3) (i) and (ii) (b) The minimum ages for original ap­ (1) Farms containing more than 400 of this paragraph; or pointment will be as follows: acres of sugarcane. For farms on which (iii) The carrying out on the farm of To the grade of— Years more than 400 acres of sugarcane are any of the soil building practices con­ Second lieutenant, Air Corps Reserve- 18 growing at any time during 1941: tained in the 1941 Agricultural Conser­ Second lieutenant, except Air Corps vation Program Bulletin for the Insular Reserve (see subparagraph (1) be­ (1) The application to land on which Region as originally approved on March low )______21 sugarcane is planted during 1941 of 31, 1941, for which payment would be First lieutenant (see subparagraph (2) sufficient chemical fertilizer to provide below)______24 made in an amount equal to at least Captain (see subparagraphs (3) and an average quantity of plant food per $0.50 per acre of land on which sugarcane (5) below)______28 acre fertilized equal to not less than the is planted or a ratoon crop of sugarcane Major______33 greater of either 75 pounds or 80 percent is started during 1941. Lieutenant colonel______39 of the average quantity of plant food Colonel (see subparagraph (4) below)- 46 contained in the chemical fertilizer ap­ (c) Minimum acreage requirements plied to similar land in 1937 or 1938, for the application of fertilizer. In every (1) No appointments in Chaplains and whichever was smaller. case in which the application of ferti­ Medical Department (except Medical (ii) The application to land on which lizer is required as aforesaid, the num­ Administrative Corps) are made in the a ratoon crop of sugarcane is started ber of acres on which fertilizer is to be grade of second lieutenant. during 1941 of sufficient chemical ferti­ applied prior to April 30, 1942, shall not (2) Appointments in the grade of first lizer to provide an average of not less be less than 100 percent of the number lieutenant of the Dental, Veterinary, and than 50 pounds of plant food per acre of acres on which sugarcane is planted Medical Corps may be made at the age fertilized. during 1941, and not less than 80 percent of 21 years. of the number of acres on which a ratoon (3) No appointments in the Judge Ad­ (2) Farms containing more than 100, crop of sugarcane is started during 1941. but not more than 400, acres of sugar­ vocate General’s Department are made (d) Additional credit in connection below the grade of captain. No appoint­ cane. For farms on which more than with 1941 Agricultural Conservation 100, but not more than 400, acres of ments in the Medical Administrative Program. Where there is reference to Corps are made above the grade of cap­ sugarcane are growing at any time during payments which would be made under 1941: the terms of the 1941 Agricultural Con­ tain. (4) No appointments in Military In­ (i) The application to land on which servation Program, Puerto Rico, in sub- sugarcane is planted during 1941 of paragraphs (3) (iii) and (4) (iii) of telligence are made in the grade of chemical fertilizer in an amount averag­ paragraph (a) of this section, and in the colonel. ing not less than 200 pounds per acre corresponding subparagraphs of para­ (5) The minimum age for appointment fertilized. graph (b) of this section, credit is to be in the grade of captain in the Adjutant (ii) The application to land on which allowed, in calculating the payment per a ratoon crop of sugarcane is started dur­ acre, for chemical fertilizer applied, if 1 § 61.1 a and b is amended (6 F.R. 3717). 270 FEDERAL REGISTER, Thursday, January 15, 1942

General's Department Reserve will be letter AGO dated Jan. 7,1942, AG 210.31 (b) The points brought out briefly in 30 years. (Sec. 37, 39 Stat. 189, 40 Stat. (12-19-41) RP-A] the paragraphs above are explained in 73, Sec. 3, 48 Stat. 939; 10 Ü.S.C. 353) [seal] E. S. Adams, detail in the following pages.* [Par. 4] [Par. 13, AR 140-5, June 17, 1941, as Major General, *§§ 75.3, 75.5, 75.6 (b), 75.7 (d) and (e), amended by Cir. 180, W.D., Aug. 26,1941, The Adjutant General. 75.10, 75.12 (b) (5), 75.13, 75.14 (a) (1) and Cir. 184, W.D., Aug. 29, 1941, and Cir. 3, (b), 75.18 (a) and (j), 75.22 (d) and 75.25 (a) W.D., Jan. 5, 1942.] [F. R. Doc. 42-342; Filed, January 13, 1942; as amended are issued under authority con­ * * * * ♦ 1:55 p. m.] tained in R.S. 161; 5 U.S.C. 22.

[seal] E. S. Adams, § 75.5 Filipino cadets, (a) In addi­ Major General, tion to the 1,960 mentioned above, the The Adjutant General. P art 74—E nlistment of Aviation Secretary of War is authorized to permit Cadets 1 not exceeding four Filipinos, to be desig­ [F. R. Doc. 42-352; Filed, January 13, 1942; nated one for each class by the President 4:22 p. m.] § 74.1 Eligibility—(a) General. Civil­ of the Commonwealth of the Philippine ians are eligible for appointment as avia­ Islands, to receive instruction at the tion cadets. Candidates must be at time United States Military Academy, under CHAPTER VII—PERSONNEL of application unmarried male citizens the provision of the act of Congress ap­ of the United States who have been citi­ proved May 28,1908, as amended. P art 73—Appointment of Commissioned zens of the United States for not less than Officers and Chaplains 1 These students execute an agreement 10 years immediately preceding appoint­ to comply with all regulations for the OFFICERS APPOINTED IN THE ARMY OF THE ment; between the ages of 18 and 26 police and discipline of the Academy, to UNITED STATES UNDER THE PROVISIONS OF years, inclusive; individuals who have be studious, and to give their utmost THE ACT OF SEPTEMBER 2 2 , 1 9 4 1 satisfactorily completed at least one- efforts to accomplish the courses in vari­ half the credits required for a degree ous departments of instruction. § 73.218 Waiver of physical defects. at a recognized college or university, or (b) The act of Congress approved June (a) Deviations from normal physical who can pass an examination covering 30, 1941, making appropriations for the standards (§ 73.216) that will not inter­ such work; of excellent character; and of Military Establishment for the fiscal fere with nor prevent the full and satis­ sound physique and in excellent health. year ending June 30,1942, contains a pro­ factory performance of the duty for No candidates will be appointed as avia­ viso which reads as follows: which the individual is being appointed, tion cadets after they have reached their or is being ordered to active duty, and 27th birthday. (41 Stat. 765; 10 U.S.C. * * * That no part of this or any other that are not of a nature likely to be ag­ appropriation contained in this Act shall be 42) [Par. lb, AR 615-160, July 20, 1938, available for the pay of any person, civil or gravated to a disabling degree by active as amended by Cir. I ll, W.D., June 10, military, not a citizen of the United States, military service, may be waived in the 1941, and Cir. 3, W.D., Jan. 5, 1942] unless in the employ of the Government or manner and under the conditions au­ * * * * * in a pay status on July 1, 1937, under appro­ thorized in current War Department in­ [ seal] E. S. Adams, priations for the War Department * * *. structions applicable to members of the Major General, * [Par. 6] Officers’ Reserve Corps ordered to ex­ The Adjutant General. tended active duty. § 75.6 Appointments, how made. (b) Because of the urgent necessity of [F. R. Doc. 42-351; Filed, January 13, 1942; * * * * * 4:22 p. m.] expanding the officer personnel of the (b) All appointments are made by the supply arms and services to meet the President as follows: needs of the procurement load now de­ * * * if volving upon the War Department, it will be the policy of the Secretary of War to P art 75—Admission to the U nited (7) In 1942, from among the enlisted approve for appointment or for extended S tates£Ohio. be accompanied by a certificate covering 22 years, and have served as an enlisted Fort Sam Houston, Tex. work in secondary school, and the two man in an active status in the National Jefferson Barracks, Mo. certificates will be considered together Fort Knox, Ky. in determining the candidate’s mental Guard not less than one year. It is not Fort Leavenworth, Kans. qualifications. essential that the service shall have been Letterman General Hospital, Presidio of ***** continuous; therefore, former service in San Francisco, Calif. the National Guard may be counted in Fort Lewis, Wash. (b) * * * determining an applicant’s eligibility. March Field, Calif. (2) The academic board may reject Similarly, service with a National Guard Fort McPherson, Ga. any certificate for low grades, or upon organization prior to its recognition by Fort Omaha, Nebr. any evidence, whether contained in the the Federal Government may be consid­ Jackson Barracks, New Orleans, La. certificate or not, that creates a reason­ San Juan, P. R. able doubt as to the candidate’s mental ered, the date of enlistment of the soldier Fort Sheridan, 111. governing, and not that of the recogni­ Fort Sill, Okla. qualifications for admission. A record in tion of the unit. Fort Snelling, Minn. the entrance examination of a former (2) As the National Guard has been Schofield Barracks, Honolulu, Hawaii. year is considered excellent evidence of inducted and is now in Federal service, Fort Wm. McKinley, P. I. mental qualifications for admission and is given great weight when certificates appointments from this source in 1942 * [Par. 15] will be made upon the recommendations are being evaluated. Taking the exam­ of the commanding generals of the re­ § 75.12 Admission by regular mental ination, when unprepared, merely for spective corps areas and territorial de­ examination (.see § 75.8(a)). practice and failing on the same may, partments in a manner similar to those * * * * * therefore, have an adverse effect if en­ of enlisted men of the Regular Army. (b) Subjects. trance by certificate is sought in a later (See paragraph (e) of this section.) * * * * * year. (3) National Guard candidates will be (5) History. (3) A candidate whose certificate has chosen from successful competitors in a * * * * * been accepted unconditionally under preliminary examination of a scope and (ii) The examination in United States § 75.14 (a) is excused from the mental nature similar to the regular Military history will cover: Early discovery and examination but must appear for the Academy entrance examination, insti­ settlements; the forms of government in physical examination. tuted and conducted by the respective the Colonies; the birth and development (4) A candidate whose certificate is commanding generals and to be held be­ of a constitutional form of government; approved under § 75.14 (a) (4) subject tween December 1 and December 15, the causes, leading events, and results to later passing of the College Entrance annually. of wars; import events in the political Examination Board’s Scholastic Aptitude (4) Each candidate thus selected will and economic history of the Nation from and Mathematics Attainment Tests4 is be authorized by the War Department accepted as mentally qualified for admis­ its foundation to and including the na­ sion if his record in these tests proves sat­ to report for the regular Military Acad­ tional election of 1936; the location of emy entrance examination, which he isfactory. He is rejected as mentally places, areas, boundaries, and routes of unqualified if it proves unsatisfactory.* must undergo in competition with the outstanding historical significance.* entire number of National Guard candi­ [Par. 22] [Pars. 24 and 25] dates, the available vacancies being ♦ * * * ♦ § 75.18 General information as to awarded to those physically qualified certificates. candidates making the highest proficient § 75.13 Admission by certificate and ***** averages in the order of merit established validating examinations. (b) Paragraph (b) of this section was at the last-mentioned examination. (Footnote 3 under this section (6 F.R. omitted in revision of Information Rela­ (5) The law requires that the service 613) is amended to read as follows:) tive to the Appointment and Admission of a National Guard candidate shall have •In the case of candidates from schools so of Cadets. been in a National Guard unit for a full organized as to offer only 1 y2 years of algebra, (c) Certificates should be submitted year, and Army service cannot be sub­ the 1 y2 units of credit so earned will be ac­ not later than February 15. A certifi­ stituted therefor, in whole or in part. cepted as meeting the requirements in that cate received between February 15 and (e) From the Regular Army. subject if the certificate, shows completion of the examination will receive considera­ * * * * * all subject matter listed in § 75.16 (a). tion, but, in view of the short time left (4) The law requires that the service § 75.14 Admission by certificate (see to the academic board to investigate its of an Army candidate shall have been in § 75.8 (c)). (a) The academic board value, no assurance will be given that the Regular Army for a full year, and will consider and may accept without such certificate can be acted on in time National Guard service cannot be sub­ other mental requirement: to exempt the candidate from the regu­ stituted therefor, in whole or in part.* (1) A properly attested college certifi­ lar mental examination. Certificates re­ [Pars. 11 and 12] cate that the candidate is, or was upon ceived at West Point too late for full § 75.10 Entrance examination where leaving, a regularly enrolled student in held, (a) The board before which a can­ good standing without condition in a •In cases where the Scholastic Aptitude Test taken includes a mathematical section didate is directed to appear will be con­ university, college, or technical school ac­ the Mathematics Attainment Test is not re­ vened at the place nearest or most con­ credited by the United States Military quired. These tests, prepared by the College venient to his home or to the school at Academy, provided that he entered col­ Entrance Examination Board, 431 West One which he is in regular attendance. lege with the secondary school credits Hundred Seventeenth Street, New York, N. Y., prescribed in § 75.13 (a), and provided are the only such tests accepted for exemp­ (b) Following is a list of the places at tion from entrance examinations. General which the examination is held: further that he has completed success­ information concerning such examinations Army and Navy General Hospital, Hot fully at least one semester in college. If may be obtained from the College Entrance Springs National Park, Ark. he lacks not more than 2 units of the Examination Board. Tests prepared by State Army Medical Center, Washington, D. C. prescribed secondary school credits, re­ or other testing agencies are not accepted. 272 FEDERAL REGISTER, Thursday, January 15, 1942 investigation and appraisal before 9 whichever is later, if the holder of such In the Matter of E. R. Davis, an Indi­ a. m. on the first Tuesday in March of certificate fails to secure within such vidual Trading Under the Name of each year will be filed without action period an examination or inspection by E. R. Davis Prescription Company thereon. Candidates will be notified of an authorized inspector of the Adminis­ At a regular session of the Federal the time and date of the receipt of such trator; Trade Commission, held at its office in certificates. By reason of the numerous additional the City of Washington, D. C., on the (j) A certificate which is accepted as duties placed upon the inspectors of the 7th day of January, A. D. 1942. satisfactory for one examination will be Administrator because of the existing This proceeding having been heard1 by regarded as satisfactory for any other state of war it will be physically impos­ the Federal Trade Commission upon the examination which may be set for en­ sible to endorse all airworthiness certifi­ complaint of the Commission, answer of trance with the same class, unless it has cates prior to their expiration; the respondent, testimony and other evi­ been voided in the meantime by failure Now, therefore, the Civil Aeronautics dence taken before William C. Reeves, a in the first examination, in which event Board, acting pursuant to the Civil Aero­ trial examiner of the Commission there­ it will be reconsidered in connection with nautics Act of 1938, as amended, particu­ tofore duly designated by it, in support the results of that examination, should larly sections 205 (a), 601 and 603 of of the allegations of said complaint and the candidate be reappointed with a view said Act, makes and promulgates the fol­ in opposition thereto, report of the trial to admission the same year.* [Par. 39] lowing special regulation: examiner upon the evidence, and brief * * * * * Notwithstanding the provisions of Part in support of the complaint filed herein; - § 75.22 Physical requirements. 01 of the Civil Air Regulations, all air­ and the Commission having made its * * * # # worthiness certificates the endorsement findings as to the facts and its conclu­ (d) Physical exercises. Due to the na­ period of which would expire between sion that said respondent has violated the ture of the new cadets’ training during January 1, 1942, and July 1, 1942, shall provisions of the Federal Trade Commis­ their first 2 months at the academy, the continue in effect and shall not require sion Act; physical requirements must, of necessity, endorsement until six months after the It is ordered, That the respondent, be rather strenuous and exacting. Ex­ date upon which the endorsement period E. R. Davis, an individual trading under perience has indicated that those cadets would otherwise expire: Provided, That the name of E. R. Davis Prescription who, prior to admission, have hardened this special regulation shall not apply to Company, or trading under any other themselves physically meet these re­ scheduled air carrier aircraft. name, his representatives, agents, and employees, directly or through any cor­ quirements best. The cooperation of By the Civil Aeronautics Board. parents is enjoined to encourage future porate or other device, in connection cadets to participate in some form of [ seal] D arwin Charles B row n, with the offering for sale, sale, or distri­ physical exercise prior to their arrival Secretary. bution of his medicinal preparation at the academy. [P. R. Doc. 42-348; Piled, January 13, 1942; known as Davis’ Formula No. 7895, or any 11:01 a. m.] other preparation of substantially simi­ (Paragraphs (d) and (e) of this sec­ lar composition or possessing substan­ tion (6 F.R. 613) are redesignated (e) tially similar properties, whether sold un­ and (f) respectively, as follows:) der the same name or under any other (e) Physical proportions for height, name, do forthwith cease and desist weight, and chest measurement for all TITLE 16—COMMERCIAL PRACTICES from, directly or indirectly: candidates except Filipinos. * * * CHAPTER I—FEDERAL TRADE (1) Disseminating, or causing to be (f) Minimum standards for Filipino COMMISSION disseminated, any advertisement by applicants only. * * * means of United States mails, or by any [Docket No. 4289] * [Par. 43, 44 and 45] means in commerce as “commerce” is § 75.25 Pay of cadets. The pay of a P art 3— D igest of Cease and D esist defined in the Federal Trade Commis­ cadet is $780 per year plus 1 ration per O rders sion Act, which advertisement repre­ sents, directly or through inference, day, to commence with the admission to IN THE MATTER OF E. R. DAVIS PRESCRIPTION the academy.* [Par. 51] COMPANY (a) That respondent’s preparation is a * * * * * cure or remedy for asthma or has any § 3.6 (t) Advertising falsely or mis­ [ seal] E. S. Adams, therapeutic value in the treatment leadingly—Qualities or properties of thereof, in excess of furnishing tempo­ Major General, product: § 3.6 (x) Advertising falsely The Adjutant General. rary relief from the paroxysms of or misleadingly—Results. In connec­ asthma; [P. R. Doc. 42-343; Piled, January 13, 1942; tion with offer, etc., of respondent’s (b) That respondent’s preparation is a 1:55 p. m.] “Davis Formula No. 7895,” or other cure or remedy for hay fever, or that it similar medicinal preparation, dissem­ has any substantial therapeutic value in inating, etc., any advertisements by the treatment of such disorder; means of the United States mails, or in (c) That the use of respondent’s prep­ TITLE 14—CIVIL AVIATION commerce, or by any means, to induce, aration will prevent attacks of asthma or etc., directly or indirectly, purchase in hay fever, or prevent any recurrence of CHAPTER I—CIVIL AERONAUTICS commerce, etc., of his said preparation, such attacks; BOARD which advertisements represent, directly or through inference (1) that respond­ (2) Disseminating, or causing to be P art 01—Airworthiness' Certificates ent’s preparation is a cure or remedy for disseminated, any advertisement, by any [Regulations, Serial Number 200] asthma or has any therapeutic value in means, for the purpose of inducing, or which is likely to induce, directly or in­ SPECIAL REGULATION CONTINUING EFFEC­ the treatment thereof, in excess of fur­ nishing temporary relief from the par­ directly, the purchase in commerce as TIVENESS OF CERTAIN AIRWORTHINESS “commerce” is defined in the Federal CERTIFICATES oxysms of asthma; (2) that respondent’s preparation is a cure or remedy for hay Trade Commission Act, of respondent’s At a session of the Civil Aeronautics fever, or that it has any substantial preparation, which advertisement con­ Board held at its office in Washington, therapeutic value in the treatment of tains any of the representations prohib­ D. C., on the 12th day of January 1942. such disorder; (3) that the use of re­ ited in paragraph (1) hereof and re­ It appearing that: spondent’s preparation will prevent at­ spective subdivisions thereof. Aircraft airworthiness certificates are tacks of asthma or hay fever, or prevent It is further ordered, That the re­ issued to continue in effect indefinitely any recurrence of such attacks; pro­ spondent shall, within sixty (60) days unless suspended, revoked, or canceled, hibited. (Sec. 5, 38 Stat. 719, as after service upon him of this order, file except that each such certificate imme­ amended by sec. 3,52 Stat. 112; 15 U.S.C., with the Commission a report in writ­ diately expires at the end of one year Sup. IV, sec. 45b) [Cease and desist or­ ing, setting forth in detail the manner after the date of issuance or after the der, E. R. Davis Prescription Company, date of the last endorsement thereof, Docket 4289, January 7, 1942] *6 F.R. 2182. FEDERAL REGISTER, Thursday, January 15, 1942 273 and form in which he has complied with the complaint of the Commission and which is likely to induce, direc^fy or in­ this order. the answer of respondent, testimony and directly, the purchase in commerce, as By the Commission. other evidence in support of the allega­ “commerce” is defined in the Federal [seal! Otis B. J ohnson, tions of said complaint and in opposi­ Trade Commission Act, of said devices Secretary. tion thereto taken before an examiner and courses of instruction, which adver­ of the Commission theretofore duly des­ [P. R. Doc. 42-384; Piled, January 14, 1942; tisement contains any of the representa­ 11:53 a. m.] ignated by it, report of the trial ex­ tions prohibited in paragraph (1) aminer, and briefs filed herein by counsel hereof. for the Commission and counsel for the [Docket No. 4466] It is further ordered, That respondent respondent, and the Commission having shall, within sixty (60) days after serv­ P art 3—D igest of Cease and D esist made its findings as to the facts and its ice upon him of this order, file with the Orders conclusion that said respondent has vio­ lated the provisions of the Federal Trade Commission a report in writing setting IN THE MATTER OF ARTHUR JACOBSON ». Commission Act. forth in detail the manner and form in § 3.6 (j 10) Advertising falsely or mis­ It is ordered; That respondent Arthur which he has complied with this order. leadingly—rHistory of product or offer­ Jacobson, an individual, his agents, rep­ By the Commission. ing: § 3.6 (t) Advertising falsely or mis­ resentatives, and employees, directly or [seal] O tis B. J ohnson, leadingly—Qualities or properties of through any corporate or other device, Secretary. product: § 3.6 (x) Advertising falsely or in connection with the offering for sale, [F. R. Doc. 42-383; Filed, January 14, 1942; misleadingly—Results. In connection sale, or distribution of his system for 11:53 a. m.] with offer, etc., of respondent’s system for the treatment of defects of the human the treatment of defects of the human eye or conditions resulting therefrom, eye or conditions resulting therefrom, which system consists of devices desig­ consisting of devices designated as an nated as an “eye tester” and as an TITLE 30—MINERAL RESOURCES “eye tester” and as an “eye adjuster” “eye adjuster” and charts and courses and the charts and courses of instruction of instruction designated as “Better CHAPTER HI—BITUMINOUS COAL designated as “Better Eyesight System” Eyesight System” and as “Training the DIVISION and as “Training the Eyes to See Cor­ Eyes to See Correctly,” or of any other [Docket Nos. A-1210, A-1211] rectly”, or of any other substantially system, devices, or courses of instruction similar system, devices or courses of in­ which are substantially similar in char­ P art 339—Minim um P rice S chedule, struction, disseminating, etc., any ad­ acter to the present system, devices, or District No.' 19 vertisements by means of th e United courses of instruction, whether sold ORDER OF CONSOLIDATION AND GRANTING S t a t e s mails or in commèrce or undfer the same or any other names, do TEMPORARY RELIEF AND CONDITIONALLY by any means, to induce, etc., directly, forthwith cease and desist from directly PROVIDING FOR FINAL RELIEF IN THE MAT­ or indirectly, p u r c h a s e in com­ or indirectly: TERS OF THE PETITIONS OF ROCK SPRINGS merce, etc., of his said devices and courses, (1) Disseminating, or causing to be FUEL COMPANY, A CODE MEMBER IN DIS­ which advertisements represent, directly disseminated, by means of the United TRICT NO. 19, FOR THE ESTABLISHMENT OF or through inference (1) that respond­ States mails or by any means in com­ PRICE CLASSIFICATIONS AND MINIMUM ent’s devices or courses of instruction merce,-as “commerce” is defined in the PRICES FOR THE COALS PRODUCED AT THE are a new or revolutionary system for Federal Trade Commission Act, any ad­ PREMIER MINE IN THAT DISTRICT; AND OF the treatment of defects of human vi­ vertisement which represents, directly DISTRICT BOARD NO. 19 FOR THE ESTAB­ sion; (2) that the use of respondent’s or through inference; LISHMENT OF PRICE CLASSIFICATIONS AND devices or courses of instruction, either (a) That respondent’s devices or M INIM UM PRICES FOR THE COALS PRO­ separately or in conjunction with one DUCED AT CERTAIN MINES IN DISTRICT another, will eliminate headaches or courses of instruction are a new or revo­ Nb. 19 nervousness, overcome tired feeling, cause lutionary system for the treatment of the eyes to become clear and strong, en­ defects of human vision; Original petitions, pursuant to section able the user to discard glasses, or re­ (b) That the use of respondent’s de­ 4 II (d) of the Bituminous Coal Act of sult in perfect eyesight; (3) that the vices or courses of instruction, either 1937, having been duly filed with this use of respondent’s devices or courses of separately or in conjunction with one Division by the above-named parties, instruction, either separately or in con­ another, will eliminate headaches or ner­ requesting the establishment, both tem­ junction with one another, will correct vousness, overcome tired feeling, cause porary and permanent, of price classi­ nearsightedness or astigmatism, or elim­ the eyes to become clear and strong, en­ fications and minimum prices for the inate the need of drugs, glasses, or sur­ able the user to discard glasses, or result coals of certain mines in District No. 19; gery in the treatment of poor eyesight; in perfect eyesight; and and (4) that respondent’s devices or (c) That the use of respondent’s de­ It appearing that the issues raised in courses of instruction, either separately vices or courses of instruction, either sep­ those petitions are analogous; and or in conjunction with one another, con­ arately or in conjunction with one an­ It appearing that a reasonable showing, stitute a competent or effective treat­ other, will correct nearsightedness or of necessity has been made for the grant- * ment of, or remedy for, defects of vision astigmatism, or eliminate the need of ing of temporary relief in the manner or conditions resulting therefrom, or drugs, glasses, or surgery in the treatment hereinafter set forth; and have any therapeutic value in the treat­ of poor eyesight; No petitions of intervention having ment of defects of vision or conditions January 12,1942. tion by the armed forces, (a) When the a further physical examination by the [seal] D an H. W heeler, Director of Selective Service has received armed forces unless the local board, with Acting Director, a requisition from either the Secretary of the assistance of the examining physi- War or the Secretary of the Navy for a . cian, examining dentist, or medical ad­ [P. R. Doc. 42-375; Piled, January 14, 1842; number of specified men to report for visory board, has satisfied itself that such 11:23 a. m.] physical examination by the armed defects have been remedied. The local forces, he shall allocate among the board shall send each specified man se­ States the number of specified men lected an Order to Report for Physical which each State will be required to de­ Examination by the Armed Forces Prior TITLE 32—NATIONAL DEFENSE liver for such" physical examination. He to Induction (Form 150A), which order CHAPTER VI—SELECTIVE SERVICE shall then issue, in quadruplicate, an Or­ shall fix the date, time, and place for SYSTEM der on State for Delivery of Men for the specified man to report. Such date Physical Examination by the Armed will normally be 5 days after the mailing P art 629—P hysical Examination by the Forces (Form 152).. He shall send the of such order. Armed F orces original of such order to the proper State (b) An Order to Report for Physical Effective February. 1, 1942, the Selec­ Director of Selective Service, forward two Examination by the Armed Forces Prior tive Service Regulations are hereby copies thereof to the Secretary who is­ to Induction (Form 150A) shall be sent amended by adding thereto a new part sued the requisition, and file the remain­ only to a specified man classified in Class reading as follows: ing copy. I-A or Class I-A-O (or Class I-B or MAKING ARRANGEMENTS FOR PHYSICAL EXAMI­ (b) The State Director of Selective Class I-B-O if requested by the armed NATION BY THE ARMED FORCES AND PREPAR­ Service, upon receiving the Order on forces) whose classification isjaet under ING NECESSARY FORMS State for Delivery of Men for Physical consideration on appearance, reopening, Examination by the Armed Forces (Form or appeal and whose time in which to re­ Sec. 152), shall confer with the Corps Area quest an appearance or take an appeal 629.1 State Director of Selective Service to arrange for physical examination Commander (or representative of the has. expired. Class IV-E and Class by the armed forces. Navy or Marine Corps) for the purpose IV-E-LS registrants shall not be sent to 629.2 Order on local board to deliver men of arranging the details as to the time or the examining station for the armed for physical examination by the times and place or places where the forces for physical examination but shall armed forces. specified men who are selected and or­ be physically examined as provided in 629.3 Order to appear for physical exami­ dered to report for physical examination Part 651. nation by the armed forces. (c) If a registrant classified in Class I-A 629.4 Checking report of physical examina­ by the armed forces will be delivered.* tion. *§§ 629.1 to 629.31, Inclusive, issued under (1) is engaged in an activity that does 629.5 Records of mailing of order to report the authority contained in 54 Stat. 885; 50 not entitle him to a Class II-A or Class for physical examination by the U.S.C., Sup., 301-318, inclusive; E.Q. No. 8545, H-B deferment but such activity is use­ armed forces 5 F E . 3779. ful or productive and contributes to the FEDERAL REGISTER, Thursday, January IS, 1942 275

employment or well-being of the com­ armed forces to the local board having^ forward such registrant to the examining munity or. the nation and his induction jurisdiction of the area in which he is at* station of the armed forces in addition without immediate, replacement will that time located. to and not as a substitute, for any of its cause unnecessary dislocation of such ac­ (b) Any such registrant desiring to be own registrants. tivity, (2) is quarantined because of a so transferred shall immediately report (h) When all of the papers pertaining communicable disease, (3) is sick, (-4) to the local board having jurisdiction of to such transferred registrant are re­ has some' temporary ailment, or (5> is the area to which he is at that time lo­ turned by the examining station of the awaiting an operation, the Ieeal board cated; present his Order to Report for armed forces, the local board to which may postpone the time' such, registrant Physical Examination by the Armed such registrant was transferred fear phys­ shall report for physical examination by Forces Prior to Induction (Form 150A> ; ical examination by the armed forces the armed forces either before or after and file, in triplicate, aTRequest for shad forward ad such, papers to, the reg­ the Order to Report for Physical“ Exami­ Transfer for Physical Examination by istrant’s own local board.* nation by the Armed. Forces Prior to the Armed Forces (Form 20&), in which Induction (Form U50A) has been mailed. he shall state the circumstances of his f PHYSICAL EXAMINATION BY THE ARMED The period of postponement shall not absence from his own local board area. FORCES exceed 30’ days from the date of post­ (c) The local board with which such § 629.21 Registrant to. report for and ponement. One additional postpone­ registrant filed his Request for Transfer submit to- physical examination by the ment, not to exceed 3X1 days, may be for Physical Examination by the Armed armed forces. The selected mart shall granted, provided imperative cause for Forces (Form 268) shall investigate the report on the day and at the time and such additional postponement is. shown.* circumstances of his absence from his place fixed in the Order to Report for § 629.4 Checking report of physical own local board area. If it finds that Physical Examination by the Armed examination. Before the local board he does not, have a good reason for his Forces Prior to Induction (Form I5QA> mails an Order to Report for Physical1 Ex­ absence* it shall endorse its disapproval and shad follow the instructions of the amination by the Armed Forces Prior to upon the original and all copies of the local board as to the manner in which Induction (Form 156A)* to a specified request; mail the original to the. regis­ he wid be transported or wid transport man* it shah, carefully check the original trant’s own local board; mail a copy to himself to the location where the physi­ and all copies of his Report, of Physical the registrant who has requested such cal examination wid take place. Upon Examination and Induction- (Form 2211 transfer; and file the remaining copy. arriving there, he shad appear for and to be certain that the portions thereof Such registrant will then be required to submit to the physical examination by to-be completed by the local board and report in accordance with, the instruc­ the armed forces. He shall then follow the examining; physician of the local tions contained in the Order to Report the orders and directions of the local board have been completed.* tor Physical Examination by the Armed board in returning from the place of § 629.5- Record, of mailing of order to Forces Prior to Induction (Form I50AJ physical examination to his home. report for physical examination "by the which he received from his own local Where necessary, Government Requests armed forces* The date of the mailing board.. for Transportation (Standard Form Nos. of the Order to Report for Physical Ex­ (cD If the local board with which such 103Q> and Government Request for amination by the Armed Forces Prior registrant filed his Request for Transfer Meals or Lodgings for Civilian Regis­ to-Induction (Form I50A) and the date for Physical Examination by the Armed trants (Form 258) shall be supplied for upon which the registrant reports for Forces (Form 208) finds that he has a men ordered to report for physical ex­ physical examination by the armed good reason for his absence from his own amination by the armed forces.* forces shall1 be entered on the Classifica­ local board area, it shah endorse its ap­ § 629.22 Records returned by examin­ tion Record (Form-1301 and an the reg­ proval upon the original and all copies ing station for the armed forces. (a> istrant’s Selective Service Questionnaire of the request; mail the original* via air Each State Director of Selective Service (Fbrin 40) .* mail (unless ordinary m ail is. as expedi­ will receive from the officer in charge of § 629.6 Preparation of physical ex­ tious), to the registrant’s own local the examining station for the armed amination list, (a) Before the time set board; mail a copy to. the registrant who forces a copy of each Physical Examina­ for the selected men to report pursuant has requested such transfer ; and file the tion List (Form 151A> from local boards to the Order to> Report for Physical Ex­ remaining copy. within his State* amination by the Armed Forces Prior to (e) Immediately upon receipt of the (b) Each local board delivering men Induction (Form 150A), the local board approved Request for Transfer for Physi­ to an examining station for the armed shafi prepare a Physical Examination cal Examination by the Armed Forces forces wid receive from the officer in List (Form ~15IA), in quadruplicate. (Form 208 >, the registrant’s own local charge of the examining station the orig­ (b) If a selected man fails to report board shall transfer the registrant* pre­ inal of the. Physical Examination List as ordered,, his absence shall be noted on paring, in duplicate, an order of Transfer (Form 151A) and the original and ad the Physical Examination List (Form of Registrant for Physical Examination copies of each man’s Report of Physical I51A1. by the Armed Forces (Form 2091* It Examination and Induction (Form 22I>. (c) ' The local board shall forward toshall mail the original to the local board (e) The Physical Examination List the examining station for the armed to which the registrant is being trans­ (Form 151A) should be returned by the forces the. original and two copies of the ferred for physical examination by the officer in charge of the examining station Physical Examination List (Form 151 A):, armed forces and file the copy in the for the armed forces within 24 hours together with the original and all copies registrant’s Cover Sheet (Fbrm 53) * It after completion of the examination. The of the Report of Physical Examination shall also mail to the Local board to which officer in charge should make the appro­ and Induction (Form 221). of each se­ the. registrant is being transferred for priate entries under Item 5.* lected man delivered. The remaining physical examination by the armed forces COMPLETING CLASSIFICATION FOLLOWING RE­ copy of the Physical EScammation List the original and all copies of the Report PORT OF PHYSICAL EXAMINATION BY THE (Form 151A> will be kept by toe local of Physical Examination and Induction ARMED FORCES board.* (Form 221 >. (f) The local board to which such reg­ 1 629.31 Action of local board upon re­ TRANSFER FOB PHYSICAL EXAMINATION istrant is transferred for delivery for ceiving the report of physical examina­ §■ 629.11 Transfer for physical exam­ physical examination hy the armed tion from the armed forces* (a) After, forces shall prepare and mail to the reg­ the Report of Physical Examination and ination by the armed forces, (a). Any Induction (Form 221> has been returned registrant who has received an Order to istrant a new Order to Report for Physi- bal Examination by the Armed Forces from the examining station for the armed Report for Physical Examination by the forces, the following action shall be taken Armed Forces Prior to Induction (Form Prior to Induction (Form 15QA) * (g) The local board to which such reg­ based upon the information contained 150A) and who is so far from his own in Item 65, Section in , of such report: local board that reporting to his own istrant fs transferred shad Include the local board would be a hardship may be transferred registrant on fts Physical (I) If in (a> of Item 65 it is indicated transferred for examination by the Examination List (Form 151A) and shall that, the registrant is physically and men- 276 FEDERAL REGISTER, Thursday, January 15, 1942 tally qualified for general military serv­ amination by the Armed Forces (Form amended by assigning a new number to ice, the registrant is acceptable for train­ ‘202). If the blood of the registrant is and changing the context of paragraph ing and service in the land or naval truly positive, the local board shall not 365d; by adding five new sections; and forces, and the local board clerk should change the classification of the regis­ by publishing such renumbered and mail him a Notice to Registrant of Re­ trant but shall take the necessary steps amended paragraph and the five new sec­ sult of Physical Examination by the for the correction of his condition as tions as the sections of Part 651 of the Armed Forces (Form 202). outlined in part 661. The local board Second Edition of the Selective Service (2) If in (b) of Item 65 it is indicated clerk should mail such a registrant a Regulations: that the registrant will be physically and Notice to Registrant of Result of Physi­ Paragraph 365d as amended becomes § 651.1, mentally qualified for general military cal Examination by the Armed Forces New section, § 651.2. service after satisfactory correction of (Form 202)T"~ New section, § 651.3. the remediable defects set forth therein, (b) The local board shall complete New section,-§ 651.4. the local board shall not change his classi­ New section, § 651.5 Section V of the Report of Physical Ex­ New section, § 651.6. fication, but shall take the necessary steps amination and Induction (Form 221) by for the correction of his remediable de­ filling in the applicable items. It shall P art 651—D etermination of A cceptabil­ fects as outlined in Part 661. The local then check pages 1, 2, 3, and 4 through ity of P ersons for W ork of N ational board clerk should mail such registrant Section V to make certain that all entries I mportance U nder Civilian D irection a Notice to Registrant of Result of Phy­ have been completed on the original of SELECTION OF CLASS IV—E REGISTRANTS FOR FINAL- sical Examination by the Armed Forces the Report of Physical Examination and Ty p e p h y s ic a l examination a n d pr e pa r a - (Form 202). Induction (Form 221) and that all such TION OF NECESSARY FORMS (3) If in (c) of Item 65 it is indicated information has been correctly tran­ that the registrant is physically qualified Sec. scribed on the copies thereof. 651.1 Selection of registrants for assign­ for limited military service only or if in (c) When the examining station of the ment to work of national impor­ (d) of Item 65 it is indicated that the armed forces finds that the registrant is tance. registrant will be physically qualified for physically and mentally qualified for 651.2 Ordering Class IV-E registrants to re­ limited military service after the satis­ general military service or that he is port for final-type physical exami­ factory correction of the remediable de­ physically and mentally qualified for nation. fects set forth therein, the local board 6513 Preparing report of physical examina­ general military service after correction tion. shall reopen the classification of the reg­ of remediable defects or that he is physi­ istrant and classify him in Class I-B or cally and mentally qualified for general REFERENCE FOR FINAL-TYPE PHYSICAL EXAMINA­ Class I-B-O. military service except that his serologi­ TION OF CLASS IV -E REGISTRANTS (4) If in (e), (f), or (g) of Item 65 it cal test is not negative, it will return the 651.11 Procedure for referring Class IV-E is indicated that the registrant is physi­ original and all copies of the Report of registrants to another local board cally, mentally, or otherwise disqualified Physical Examination and Induction ------: for final-type physical examination. for military service, the local board shall (Form 221) to the local board. The FINAL-TYPE PHYSICAL EXAMINATION FOR CLASS reopen the classification of the registrant original and all copies of the Report of IV—E REGISTRANTS and classify him in Class IV-F. Physical Examination and Induction 651.21 Class IV-E registrant to be examined (5) If in (h) of Item 65 it is indicated (Form 221) will be retained by the local under MB 1-9 by local board exam­ that the registrant is physically and board in the registrant’s Cover Sheet ining physician. mentally qualified for general military (Form 53) until the registrant is for­ COMPLETING CLASSIFICATION FOLLOWING FINAL- service except that the result of his sero­ warded for induction into the land or TYPE PHYSICAL EXAMINATION OF CLASS IV-E logical test is not negative, the local naval forces in the manner provided in REGISTRANTS board will make arrangements for the Part 633. 651.31 Action of local board following final- examining physician to take necessary (d) When the examining station of type physical examination of Class blood of the registrant for such addi­ the armed forces finds that the regis­ IV-E registrants. tional serological tests as may be neces­ trant is physically qualified for limited sary in order to determine if the blood military service only or that he is physi­ SELECTION OF CLASS IV-E REGISTRANTS FOR is truly negative or truly positive. When cally qualified for limited military serv­ FINAL-TYPE PHYSICAL EXAMINATION AND the local board examining physician has ice after the satisfactory correction of PREPARATION OF NECESSARY FORMS satisfied himself by one or more tests remediable defects or that he is physi­ § 6C1.1 Selection of registrants for that the blood of the registrant is truly cally, mentally, or otherwise disqualified assignment to work of national impor­ negative or truly positive, he shall so re­ for military service, it will retain the tance. Every registrant who is classified port to the local board. In a doubtful Surgeon General’s Copy of the Report in Class IV-E (or in Class IV-E-LS if case the local board examining physician of Physical Examination and Induction and when Class I-B and Class I-B-O reg­ may recommend to the local board that (Form 221) and will return the Armed istrants are ordered to report for physical the Report of Physical Examination and Forces’ Original, the National Head­ examination by the armed forces), be­ Induction (Form 221) of the registrant quarters’ Copy, and the Local Board’s fore he is assigned to work of national and the laboratory reports on the blood Copy of such report to the local board. importance under civilian direction, shall of the registrant be referred to the medi­ The local board shall then file the Armed be given a final-type physical examina­ cal advisory board for its opinion as to Forces’ Original and the Local Board’s tion for registrants in Class IV-E. Each whether the registrant’s blood is truly Copy in the registrant’s Cover Sheet such registrant shall be ordered to re­ negative or truly positive. When the lo­ (Form 53) and transmit the National port for such examination when his order cal board is satisfied that the blood of Headquarters’ Copy to the State Director number is reached in the process of se­ the registrant is truly negative, it shall of Selective Service, who shall forward lecting Class I-A and Class I-A-O reg­ resubmit the Report of Physical Exam­ such copy to the Director of Selective istrants (or Class I-B and Class I-B-O ination and Induction (Form 221) and Service.* registrants if and when such registrants the laboratory reports on the blood of L ewis B. H ershey, are being selected) to report to the armed the registrant to the examining board of Director. forces for physical examination, pro­ the armed forces for reconsideration and J anuary 12, 1942. vided his classification is not under con­ correction of Item 65, Section of the in, [F. R. Doc. 42-346; Filed, January 13, 1942; sideration on appearance, reopening, or Report of Physical Examination and In­ 2:57 p. m.] appeal, and the time in which he is en­ duction (Form 221) . When the examin­ titled to request an appearance or take ing board of the armed forces indicates an appeal has expired.* in its correction that the registrant is physically and mentally qualified for P art 651—D etermination of Accepta­ *§§651.1 to 651.31, inclusive, issued under general military service, the registrant is bility of P ersons for W ork of N a*- the authority contained in 54 Stat. 885; 50 acceptable for training and service in the tional I mportance U nder Civilian U.S.C., Sup., 301-318, inclusive, E.O. No. 8545, D irection 5 F.R. 3779. land or naval forces, and the local board clerk should mail the registrant a Notice Effective February 1, 1942, the Selec­ § 651.2 Ordering Class IV-E registrants to Registrant of Result of Physical Ex­ tive Service Regulations are hereby to report for final-type physical exami- FEDERAL REGISTER, Thursday, January 15, 1942 277 nation, (a) When the order number of a be entered on the Classification Record tance under civilian direction, and the registrant placed in Class IV-E (or Class (Form 100) and on the registrant’s Se­ local board clerk should notify him of the IV-E-LS) has been reached under the lective Service Questionnaire (Form result of the final-type physical exami­ circumstances set out in § 651.1, the local 40).* nation for registrants in Class IV-E. board shall mail to the registrant a Notice (2) If in (b) of Item 65 it is indicated REFERENCE FOR FINAL-TYPE PHYSICAL EX­ that the registrant will be physically and to Registrant to Appear for Physical Ex­ AMINATION OF CLASS IV-E REGISTRANTS amination (Form 201). The Notice to mentally qualified for general service Registrant to Appear for Physical Ex­ § 651.11 Procedure for referring Class after satisfactory correction of the amination (Form 201) shall indicate IV-E registrants to another local board remediable defects set forth therein, the that the registrant is to report for final- for final-type physical examination. A local board shall not change his classifi­ type physical examination for registrants registrant in Class IV-E (or Class cation but shall take the necessary steps in Class IV-E (or Class IV-E-LS) and IV-E-LS) may be referred to another for the correction of his remediable de­ shall fix the date, time, and place for the local board for final-type physical ex­ fects as outlined in Part 661. The local registrant to report for such final-type amination only for the reasons set forth board clerk should notify such registrant physical examination. Such date will in § 623.41 and by the procedure set of the result of the final-type physical normally be 5 days after the date of forth in § 623.42, except that each form examination for registrants in Class mailing such notice. used in making such reference shall indi­ rv-E. (b) On the day and at the time and cate that the registrant is being referred (3) If in (c) of Item 65 it is indicated place fixed in the Notice to Registrant for the final-type physical examination that the registrant is physically qualified to Appear for Physical Examination for registrants in Class IV-E (or Class for limited service only or if in (d) of (Form 201), the registrant shall appear IV-E-LS) and that the final-type physi­ Item 65 it is indicated that the registrant before the local board examining physi­ cal examination conducted shall be in will be physically qualified for limited cian and submit to final-type physical accordance with § 651.21.* service after the satisfactory correction examination for registrants in Class FINAL-TYPE PHYSICAL EXAMINATION FOR of the remediable defects set forth IV-E (or Class IV-E-LS). CLASS TV—E REGISTRANTS therein, the local board shall reopen his (c) If a registrant classified in Class classification and classify him in Class IV-E (or Class IV-E-LS) (1) is engaged § 651.21 Class IV-E registrant to be IV-E-LS. in an activity that does not entitle him examined under MR 1-9 by local board (4) If in (e), (f), or (g) of Item 65 to a Class II-A or Class II-B deferment examining physician, (a) The physical it is indicated that the registrant is but such activity is useful or productive standards governing the final-type phys­ physically, mentally, or otherwise dis­ and contributes to the employment or ical examination for registrants in Class qualified for service, the local board shall well-being of the community or the na­ IV-E (or Class IV-E-LS) shall be those reopen his classification and classify him tion in such a manner that his assign­ applicable to physical examinations con­ in Class IV-F. ment to work of national importance ducted at the examining station for the (5) If in (h) of Item 65 it is indicated under civilian direction without immedi­ armed forces, as set forth in MR 1-9. that the registrant is physically and ate replacement will cause unnecessary (b) The local board examining physi­ mentally qualified for general service in dislocation of such activity, (2) is quar­ cian shall conduct the final-type physical work of national importance under antined because of a communicable dis­ examination for registrants in Class civilian direction except that the result ease, (3) is sick, (4) has some temporary IV-E (or Class IV-E-LS) in accordance of his serological test is not negative, the ailment, or (5) is awaiting an opera­ with instructions issued by the Director local board will make arrangements for tion, the local board may postpone the of Selective Service. the examining physician to take such time such registrant shall report for (c) The local board examining physi­ additional blood of the registrant as may final-type physical examination for reg­ cian shall fill in the Physical Examina­ be necessary for additional serological istrants in Class IV-E (or Class IV-E- tion Results in Section III of the Report tests in order to determine if the blood LS) , either before or after the Notice to of Physical Examination and Induction is truly negative or truly positive. In a Registrant to Appear for Physical Exam­ (Form 221), and if he finds the regis­ doubtful case the local board examining ination (Form 201) has been mailed. trant to be qualified for general service physician may recommend to the local The period of postponement shall not and has entered the registrant’s name in board that the Report of Physical Ex­ exceed 30 days from the date of post­ (a) or (b) of Item 65 of Section III, he amination and Induction (Form 221) ponement. One additional postpone­ shall fill out Section IV of the Report and the laboratory reports on the blood ment, not to exceed 30 days, may be of Physical Examination and Induction of the registrant be referred to the medi­ granted provided imperative cause for (Form 221). cal advisory board-for its opinion as to such additional postponement is shown.1" (d) The local board examining physi­ whether the registrant’s blood is truly § 651.3 Preparing report of physical cian shall report to the local board any negative or truly positive. When the examination, (a) Before the local board information coming to his attention local board examining physician is sat­ mails to the registrant a Notice to Reg­ which might indicate that a registrant isfied that the blood of the registrant is istrant to Appear for Physical Examina­ is malingering (see § 623.34). In such truly negative, he will correct Item 65, tion (Form 201), it shall carefully check a case the local board will follow the pro­ Section III, of the Report of Physical the original and all copies of his Report cedure outlined in § 623.34, and the Di­ Examination and Induction (Form 221) of Physical Examination and Induction rector of Selective Service may, if he sees to show that the registrant is physically (Form 221) to be certain that all neces­ fit, waive the defect and order that the and mentally qualified for work of na­ sary entries have been made on the first registrant be assigned to work of national tional importance under civilian direc­ page thereof. importance under civilian direction.* tion. When such correction is made, the (b) The local board shall deliver the COMPLETING CLASSIFICATION FOLLOWING registrant is acceptable for work of na­ registrant’s prepared original Report of tional importance under civilian direc­ FINAL-TYPE PHYSICAL EXAMINATION OF tion and the local board clerk should Physical Examination and Induction CLASS IV -E REGISTRANTS (Form 221) to the local board examining notify him of the result of the final-type physician before the date on which the § 651.31 Action of local board follow­ physical examination for registrants in registrant is to appear for final-type ing final-type physical examination of Class IV-E. If the blood of the regis­ physical examination for registrants in Class IV-E registrants, (a) After the trant is truly positive, the local board Class IV-E (or Class IV-E-LS). The Report of Physical Examination and In­ shall not change the classification of the copies will all be retained in the regis­ duction (Form 221) has been returned registrant but shall take the necessary trant’s Cover Sheet (Form 53) by the from the examining physician, the fol­ steps for the correction of his condition local board. lowing action shall be taken based upon as outlined in Part 661. The local board (c) The date of mailing of the No­ the information contained in Item 65, clerk should notify such registrant of tice to Registrant to Appear for Physical Section III, of such report: the result of the final-type physical ex­ Examination (Form 201) and the date (1) If in (a) of Item 65 it is indicated amination for registrants in Class IV-E. on which the registrant reports for final- that the registrant is physically and (b) The local board shall complete type physical examination for registrants mentally qualified for general service, he Section V of the Report of Physical Ex­ in Class IV-E (or Class IV-E-LS) shall is acceptable for work of national impor­ amination and Induction (Form 221) by 278 FEDERAL REGISTER, Thursday, January 15, 1942 filling in the applicable items. It shall defense and essential civilian require­ Unless otherwise specifically authorized then check pages 1, 2, 3, and 4 through ments, unless the supply of Jewel Bear­ by the Director of Priorities, after the Section V to make certain that all entries ings and Jewel Bearing Material (as effective date of this Order and until have been completed on the original of hereinafter defined) is conserved and March 1, 1942, no person shall sell, pur­ the Report of Physical Examination and their use in certain products manufac­ chase, transfer, deliver or receive (in­ Induction (Form'221) and that all such tured for civilian use is curtailed; and cluding deliveries and receipts under toll information has been correctly tran­ it is necessary in the public interest to agreements) jewel bearings of any type scribed on the copies thereof. promote the defense of the United States, or description manufactured within the (c) When the local board examining to conserve the supply and direct the United States of America, its territories physician on final-type physical exami­ distribution and use thereof. and possessions, except jewel bearings to nation of a registrant in Class IV-E Now, therefore, it is hereby ordered, be delivered under a defense order bear­ finds that the registrant is physically That: ing a preference rating of A-l-j or and mentally qualified for general serv­ § 1023.1 Conservation Order No. M- higher. ice in work of national importance under 50—(a) Definitions. For the purpose of (2) Unless otherwise specifically au­ civilian direction, or will be physically and this Order: thorized by the Director of Priorities, mentally qualified for general service after the effective date of this order and in work of national importance under ci­ (1) “Jewel Bearing Material” means until March 1, 1942, no person shall use vilian direction after correction of reme­ any natural or synthetic sapphire or large ring jewel bearings in the manu­ diable defects, or is physically and men­ ruby of industrial quality or any other facture of any article other than articles tally qualified for general service in work material of similar chemical composition to be delivered under a defense order of national importance under civilian and physical properties. bearing a preference rating of A-l-j or direction except that his serological test (2) “Jewel Bearing” means any jewel higher. is not negative, the original and all copies bearing material which has been proc­ (3) Unless otherwise specifically au­ of the Report of Physical Examination essed in any manner for use where fric­ thorized by the Director of Priorities, and Induction (Form 221) will be re­ tion occurs. after the effective date of this Order and tained by the local board in the regis­ (3) “Large Ring Jewel Bearing” means until March 1, 1942, no person shall use trant’s Cover Sheet (Form 53) until the any round disk made from jewel bearing Vee jewel bearings in the manufacture of registrant is forwarded for work of na­ material and which has a diameter any article other than articles to be de­ tional importance under civilian direction greater than 0.040 inch, and a thickness livered under a defense Order bearing a in the manner provided in Part 652. greater than 0.016 inch, and which has a preference rating of A -l-j or higher. hole pierced through it of a diameter (d) When the local board examining (d) Reports. (1) Each supplier shall physician on final-type physical exami­ greater than 0.016 inch. (4) “Vee Jewel Bearing” means any file with the Office of Production Man­ nation of a registrant in Class IV-E finds agement, Ref: M-50, on or before the that the registrant is physically qualified round disk made from Jewel bearing ma­ terial and which has a conically shaped fifteenth day of February, 1942, and on for limited service only in work of na­ or before the fifteenth day of each cal­ tional importance under civilian direc­ cavity cut into one of the flat surfaces. (5) “Supplier” means any person who endar month thereafter all the informa­ tion, or that he is physically qualified for tion required by Form PD-235. limited service in work of national im­ engages in the importation, manufacture or processing of jewel bearings or jewel (2) Any person using jewel bearings in portance under civilian direction after the manufacture of any article shall file the satisfactory correction of remediable bearing material. (6) “Manufactured” means fabricated with the Office of Production Manage­ defects, or that he is physically, mentally, ment, Ref: M-50, on or before the fif­ or otherwise disqualified for service in or processed in any manner. teenth day of February, 1942, and on or work of national importance under civil­ (b) Restrictions on the sale, purchase before the fifteenth day of each calendar ian direction, the local board shall trans­ and use of jewel bearings and jewel bear­ month thereafter all the information re­ mit the Surgeon General’s Copy and the ing material after March 1, 1942. On quired by Form PD-236. National Headquarters’ Copy of the Re­ and after March 1, 1942, each supplier (e) Miscellaneous provisions. (1) Ap­ port of Physical Examination and Induc­ is hereby directed to set aside his entire tion (Form 221) of each such registrant plicability of Priorities Regulation No. 1. stock of jewel bearings and his entire This Order and all transactions affected to the State Director of Selective Service, stock of jewel bearing material as a re­ who shall forward both copies to the Di­ thereby are subject to the provisions of serve for the fulfillment of present and Priorities Regulation No. 1 (Part 944) as rector of Selective Service. The local future defense orders and such other or­ board shall file the Armed Forces’ Origi­ amended from time to time, except to the ders and uses as may be authorized from extent that any provisions hereof may nal and the Local Board’s Copy of the time to time by the Director of Priorities. Report of Physical Examination and In­ be inconsistent therewith, in which case No deliveries or withdrawals shall be the provisions of this Order shall govern. duction (Form 221) in the registrant’s made from this reserve either for cus­ Cover Sheet (Form 53).* (2) Communications to Office of Pro­ tomers of such supplier or for purposes duction Management. All reports re­ Lew is B. H ershey, of manufacture or process by such sup­ quired to be filed hereunder, and all Director. plier except pursuant to specific direc­ communications concerning this Order, J anuary 12, 1942. tions hereafter issued by the Director of shall, unless otherwise directed, be ad­ [F. R. t>oc. 42-347; Filed, January 13, 1942; Priorities. Not later than March 1, for dressed to: 2:57 p. m.] the month of March, 1942, and thereafter prior to the first day of each subsequent Office of Production Management calendar month, the Director of Priorities Washington, D. O. Ref: M-50 will issue to each supplier a monthly allo­ (3) Violations. Any person who wil­ CHAPTER IX—OFFICE OF PRODUC­ cation schedule covering the use of jewel fully violates any provision of this Order, TION MANAGEMENT bearings by such supplier and deliveries or who by any act or omission falsifies of jewel bearings which may be made by records to be kept on information to be S ubchapter B—P riorities D ivision such supplier to his customers during furnished pursuant to this Order, may PART 1 0 2 3 — JEW EL BEARINGS such month, and further directing the be prohibited from receiving further de­ kinds and quantities of jewel bearing ma­ liveries of any Material subject to allo­ Conservation Order No. M-50 To Con­ terial which may be delivered, manufac­ cation, and such further action may be serve the Supply and Direct the Dis­ tured or processed by such supplier. The taken as is deemed appropriate, including tribution of Jewel Bearings and Jewel use, process to final product and delivery a recommendation for prosecution under Bearing Material by such supplier of jewel bearings and section 35 (A) of the Criminal Code (18 Whereas National Defense require­ jewel bearing material shall be made as U.S.C. 80). ments have created a shortage of Jewel directed in such monthly allocation (4) Effective date. This Order shall Bearings (as hereafter defined) for the schedules. take effect immediately and shall con­ combined needs of defense and private (c) Restrictions on the sale, purchase tinue in effect until revoked. (P.D. Reg. account, and the supply of Jewel Bear­ and use of jewel bearings and jewel bear­ 1 Amended, Dec. 23, 1941, 6 F.R. 6680; ings now is and will be insufficient for ing material until March 1, 1942. (1) O.P.M. Reg. 3 Amended, Sept. 2, 1941, 6 FEDERAL REGISTER, Thursday, January 15, 1942 279

PR. 4865; E.O. 8629, Jan. 7, 1941, 6 P.R. (7) “Petroleum enterprise” means any physical arrangements of an existing fa­ 191; E.O. 8875, Aug. 28,1941, 6 P.R. 4483; facility used in the Production, Refin­ cility used in Refining or Transportation sec. 2 (a), Public No. 671, 76th Congress, ing, Transportation or Marketing of which is made for the purpose of increas­ Third Session as amended by Public No. Petroleum. ing the operating efficiency of such facil­ 89, 77th Congress, First Session) (8) “Operator” means any Person en­ ity and which does not involve an expend­ gaged in operating a Petroleum Enter­ iture of more than one thousand dollars Issued this 14th day of January, 1942. prise. for Material. J. S. K n o w l s o n , (9) “Supplier” means any Person with (16) The term “Alterations” does not Acting Director of Priorities. whom a contract or purchase order has include: been placed for delivery of Material (i) Material to be used as “Mainte­ IF. R. Doc. 42-356; Filed, January 14, 1942; which such Supplier has not in whole or 10:46 a. m.] nance”, “Repair”, or “Operating Sup­ in part manufactured, processed, assem­ plies”; or bled or otherwise physically changed and (ii) Any change in the physical ar­ which is to be used in a Petroleum rangements of an existing facility in Enterprise. which the amount of Material necessary PART 1041— PRODUCTION, REFINING, TRANS­ (10) “Material” means any commod­ to effect a proper Alteration would or­ PORTATION, AND MARKETING OF PETRO­ ity, equipment, accessories, parts, as­ dinarily involve an expenditure of greater LEUM semblies, or products of any kind. than one thousand dollars or in which an Preference Rating Order No. P-98 (11) Subject to subparagraph (14), ordinary Alteration in the facility has “Maintenance” means the minimum been subdivided for the purpose of mak­ § 1041.1 Preference Rating Order quantity of Material necessary to main­ ing available to an Operator the provi­ P-98. For the purpose of facilitating the tain the sound working condition of sions of subparagraph (15). acquisition of Material for the Produc­ equipment used by an Operator in and tion, Refining, Transportation and Mar­ essential to the operation of a Petro­ (17) “Exploratory well” means any leum Enterprise. well located not less than two miles from keting of Petroleum, preference ratings any well capable of producing Petroleum. are hereby assigned to deliveries of nec­ (12) Subject to subparagraph (14), “Repair” means the restoration of an (18) “Pool” means any underground essary Material upon the terms herein­ accumulation of crude petroleum or as­ after set forth: Operator’s property or equipment to a sound working condition when such sociated hydrocarbon substances, in­ (а) Definitions. (1) “Person” means property or equipment has been ren­ cluding but not limited to natural gas, any individual, partnership, association, dered unsafe or unfit for further service constituting a single and separate reser­ corporation, or other form of enterprise. by wear and tear, damage, destruction voir or source of supply within a field, (2) “Petroleum” means petroleum, pe­ or failure of parts or similar causes. area, or horizon whether or not presently troleum products and associated hydro­ (13) Subject to subparagraph (14), discovered or developed. carbons, including but not limited to “Operating supplies” means any mate­ (b) Assignment of preference ratings. natural gas. rial which is essential to and consumed Subject to the terms of this Order and (3) “Production” means the discovery, in the operation of a Petroleum Enter­ of any Conservation Order issued by the development and depletion of Petroleum prise and which is generally charged to Director of Priorities, the following pref­ Pools, including without limitation the the operating expense account of an Op­ erence ratings are hereby assigned to operation of cycling plants and plants erator: Provided, That the term “Operat­ deliveries to an Operator and to his Sup­ for the extraction of natural gasoline ing supplies” shall not include: pliers of Material required for use in a and associated hydrocarbons. (i) Material which is physically incor­ Petroleum Enterprise: (4) “Refining” means the operation of porated in whole or in part into any prod­ (1) Production, (i) A -l-e to deliveries a plant or plants, other than those speci­ uct of an Operator (other than reagents, of material, to an Operator engaged in fied in paragraph (a) (3), for the additives or compounding Material) or Production, which is to be used exclu­ production of finished or unfinished into any Material which an Operator sively for operations directly involved in Petroleum (including but not limited to manufactures, distributes, sells, stores, or the search for and discovery of a previ­ hydrocarbon oils or gases). transports; or ously unknown Pool or part thereof by (5) “Transportation” m e a n s , (i) (ii) Any Material which is to be used means of geological, geophysical or geo­ Except in the case of natural gas, the as a fuel; or chemical prospecting. operation of all Petroleum terminal and (iii) Any non-ferrous Material which (ii) A-2 to deliveries of Material, to terminal storage facilities and thè oper­ is to be used as packaging supplies. an Operator engaged in Production, ation of all pipe lines and stationary which is to be used exclusively for carry­ gathering systems for the transportation (14) The terms “Maintenance”, “Re­ ing out by means of an existing research of Petroleum from facilities where pair”, and “Operating supplies” do not laboratory investigations into more effi­ Petroleum is first gauged to any Refining include Material: cient or more effective methods of con­ facility and from any Refining facility to (i) For the replacement of an item ducting Production operations. any Marketing facility; and carried on the Operator’s books as a fixed (iii) A-2 to deliveries of Material, to (ii) In the case of natural gas, the asset; or an Operator engaged in Production, operation of all pipe lines and stationary (ii) For the improvement of an Op­ which is to be used exclusively for oper­ gathering systems for the transportation erator’s property or equipment through ations directly involved in the search for of natural gas from the wellhead con­ the replacement of Material in the exist­ and discovery of a previously unknown nection to the initial input meter on any ing installation, unless the property or Pool by means of the drilling and com­ trunk pipe line or to any facility for the equipment which is replaced is beyond pletion of any Exploratory Well, includ­ processing of natural gas by means of economic Repair or has been rendered ing but not limited to the drilling of a natural gasoline extraction plant, unusable by fire or other hazard or na­ “slim holes.” cycling plant, dehydration plant, or de­ tural cause and is scrapped or junked (iv) A-8 to deliveries of Material, to sulphurization plant and the transpor­ by the Operator effecting the replace­ an Operator engaged in Production, tation of natural gas from any such ment; or which is to be used for the Maintenance processing facility to the first gate valve (iii) For additions to or expansion of or Repair of the Operator’s property or on the discharge side thereof. an Operator’s property or equipment; or equipment or which is required as Oper­ (б) “Marketing” means the operation ating Supplies. (iv) Which is of a type which could (v) A-8 to deliveries of Material, to of all stationary facilities, other than not be carried on an operator’s books those specified in paragraph (a) (5), for an Operator engaged in Production, under “Maintenance”, “Repair”, “Oper­ which is to be used exclusively in the de­ the distribution of Petroleum (not in­ ating Supplies” or the equivalent in the cluding natural gas) to service stations velopment and depletion of any Pool, Operator’s established method of book­ including but not limited to Material to or to consumers, including without lim­ keeping. itation service stations, substations, be used in facilities necessary to or in­ bulk plants, warehouses, and wholesale (15) Subject to subparagraph (16), corporated in well drilling or well com­ depots. “Alterations” means any change in the pletion operations; pumping or other ar- 280 FEDERAL REGISTER, Thursday, January 15, 1942 tificial lifting operations; oil treating poses as specified in paragraph (b) (3) He shall not be deemed to require such operations; salt water disposal or injec­ (i). Material if he can make his rated de­ tion operations; artificial water drive, (iii) A-8 to deliveries of Material, to livery and still retain a minimum prac­ gas drive, or air drive operations; or an Operator engaged in Transportation, ticable working inventory thereof; and primary gas cycling or pressure mainte­ which is required as Operating Supplies. if, in making such delivery, he reduces nance operations. (iv) A-8 to deliveries of Material, to his inventory below such minimum, he an Operator engaged in Transportation, may apply the rating only to the extent (2) Refining, (i) A -l-a to deliveries which is to be used in effecting Altera­ necessary to restore his inventory to of Material, to an Operator engaged in tions. such minimum. Refining, which is to be used for the (ii) A Supplier, in restoring his inven­ Repair of the Operator’s property or (4) Marketing, (i) A-9 to deliveries tory to a minimum practicable working equipment when there has been an actual of Material, to an Operator engaged in inventory, may defer applications of the breakdown or suspension of operations Marketing, which is to be used for the Maintenance or Repair of the Operator’s ratings hereunder to purchase orders or and the essential Material for effecting contracts for such Material to be placed the Repair is not otherwise available. property or equipment. by him until such time as he can place (ii) A -l-c to deliveries of that mini­ (ii) A-10 to deliveries to an Operator engaged in Marketing of Material re­ a purchase order or contract for the mum quantity of Material, to an Oper­ minimum quantity procurable on his ator engaged in Refining, which is neces­ quired as Operating Supplies. customary terms: Provided, That he shall sary to make reasonable advance pro­ (c) Persons entitled to apply prefer­ not defer the applications of the rating visions for averting an actual breakdown ence ratings. The Preference ratings for more than three months after he be­ or suspension of operations. hereby assigned may, in the manner and comes entitled to apply such rating. (iii) A-2 to deliveries of the following to the extent hereby authorized, be ap­ Materials, to an Operator engaged in Re­ plied by: (e) Application of preference ratings. fining, which are required as Operating (1) The Operator or any Supplier in or­ Supplies: acetone, activated alumina, ac­ (1) Any Operator. der to apply a preference rating to de­ tivated silica jell, aluminum paste, alu­ (2) Any Supplier of Material to the liveries of Material to him must endorse minum powder, aluminum chloride, am­ delivery of which a preference rating the following statement on the original monia, carbon tetrachloride, chlorine, has been applied as provided in para­ and all copies of the purchase order or copper sulphate, crysallic acid, dichlor- graph (e ): Provided, however, That no contract for such Material, manually ethyal ether, diethanolamine, ethylene Supplier may apply a rating to deliveries signed by a responsible official duly des­ dichloride, foamite, glycerine, hydra- of Material which such Supplier will him­ ignated for such purpose by such Oper­ chloric acid, hydrofluoric acid, mercury, self process or physically change. ator or Supplier: metal deactivator, (including orthocre- (d) Restrictions on use of ratings— Material for [state purpose] ______rating sol), methalbutal ketone, methalethyal (1) Restrictions on operator. No Oper­ i n _____ accordance with paragraph______ketone, methyl alcohol, nitro benzine, ator may apply a rating: authorized by Preference Rating Order P-98, phenol, phosphoric acid, potassium bi- with the terms of which I am familiar. chromade, sodium hypochlorite, toluene, (1) to obtain scarce Material the use triethanol aimine, tripotassium phos­ of which could be eliminated without se­ Legal Name of Operator or phate, trisodium phosphate, and zinc rious loss of efficiency by substitution of Supplier chloride. less scarce Material or by change of de­ (iv) A-2 to deliveries of Material, to sign; or Signature of Designated Official an Operator engaged in Refining, which (ii) to obtain Material in greater quan­ is to be used exclusively in carrying out tities or on earlier dates than required to Such efidorsement shall constitute a rep­ by means of an existing research labo­ enable him to fulfill the authorized pur­ resentation to the Office of Production ratory investigations into more efficient poses for which the rating is assigned; or Management and the Supplier with whom or more effective methods of conducting (iii) to obtain Material in excess of a the purchase order or contract is placed Refining operations. m inim um practicable inventory of such that such purchase order or contract is (v) A-8 to deliveries of Material, to Material. Except as provided in para­ duly rated in accordance with all the an Operator engaged in Refining, which graph (d) (2), such minimum practicable provisions and limitations of this Order. is required as Operating Supplies, other inventory shall in no event exceed the Such Supplier shall be entitled to rely than Material acquired as Operating amount of such Material in inventory or on such representation, unless he knows, Supplies as specified in paragraph (b) stores on December 31, 1940, (or, at the or has reason to believe, it to be false. (2) (iii). purchaser’s option, on the last day of Any such purchase order or contract will (vi) A-8 to deliveries of Material, to taking inventory during 1940) increased be restricted to Material the delivery of an Operator engaged in Refining, which (in no event to exceed an increase of which is rated in accordance herewith. is to be used for the Maintenance or 10%) or diminished in proportion as the (2) In addition to the requirements of Repair of the Operator’s property or purchaser’s operations necessitating the paragraph (e) (1), the Operator, (but equipment, other than Material ac­ use of such Material have increased or not a Supplier) in order to apply the quired for Maintenance or Repair pur­ diminished; or preference ratings assigned by para­ poses as specified in paragraph (b) (2) (iv) to obtain Material for any use graphs (b) (1) (i), (b) (2) (i), (b) (2) (i) or (b) (2) (ii). which is restricted, prohibited or in any (ii), (b) (2) (iii) and (b) (3) (i), must (vii) A-8 to deliveries of Material, to way limited by any Order issued by the communicate with the Office of Petroleum an Operator engaged in Refining, whieh Director of Priorities, other than Mate­ Coordinator, Washington, D. C., Ref: is to be used in effecting Alterations. rial to be used in conformity with the P-98, supplying in detail the following information: (3) Transportation, (i) A-2 to deliv­ provisions of such Order. eries of Material, to an Operator en­ (2) Prom time to time the Director (i) date of actual breakdown or sus­ gaged in Transportation, which is to be of Priorities may determine that any pension of operations (if applicable) ; used for the Repair of the Operator’s Operator or class of Operators is exempt, (ii) the equipment to be repaired and property or equipment when there has in whole or in part, from the restric­ its operating importance (if applicable) ; been an actual break-down or suspension tions contained in paragraph (d) (1) (iii) the Material and quantity thereof of operations and the essential Material (iii). necessary to effectuate the Repair or to for effecting the Repair is not otherwise (3) Restrictions on suppliers, (i) No initiate or maintain operations; available. Supplier may. apply a rating to obtain (iv) the supply of the necessary Ma­ (ii) A-8 to deliveries of Material, to an Material in greater quantities or on ear­ terial which the Operator has on hand Operator engaged in Transportation, lier dates than required to enable him or available; and which is to be used for the Maintenance to make on schedule a delivery rated (v) the names and addresses of Sup­ or Repair of the Operator’s property or hereunder or, within the limitations of pliers from whom the Material is to be equipment, other than Material ac­ paragraph (d) (3) (ii) below, to replace obtained and the earliest delivery dates quired for Maintenance or Repair pur­ in his inventory Material so delivered. assured by any such Supplier for deliv- FEDERAL REGISTER, Thursday, January 15, 1942 281 eiy of the minimum necessary quantity (k) Violations. Any Person who wil­ (5) “Material” means any commodity, of Material. fully violates any provision of this Order equipment, accessories, parts, assemblies, or who by any act or omission falsifies or products of any kind. The Director of Priorities will notify the records to be kept or information to be (6) "Exploratory well” means any well O p e r a t o r whether, and to what extent, furnished pursuant to this Order may be located not less than two miles from any the application is' approved. A copy of prohibited from receiving further deliv­ well capable of producing Petroleum. such notification shall be furnished by eries of any Material subject to alloca­ (7) “Condensate field” means any con­ the Operator to any Supplier to evidence tion, and such further action may be densate, distillate, naphtha, or retro­ the proper rating granted pursuant to the taken as is deemed appropriate including grade Pool or Pools in which the liquid provisions of this Order. a recommendation for prosecution un­ and gaseous hydrocarbons recovered at (3) In addition to the requirements of der section 35 (A) of the Criminal Code the surface occur in a single phase under paragraph (e) (1), the Operator (but (18 U.S.C. 80). original reservoir conditions or any gas- not a Supplier), in order to apply the (l) Revocation or amendment. This cap Pool in which commercial oil oc­ preference ratings assigned by para­ Order may be revoked or amended at any curs in the liquid phase and in which graphs (b) (1) (ii), (iii), (iv) or (v); time as to any Operator or Supplier. In there exist a gas-cap or gas-caps of an (b) (2) (iv), (v), (vi) or (vii); (b) (3) the event of revocation, deliveries al­ appreciable size having the essential (ii), (iii) or (iv); or (b) (4) (i) or (ii), ready rated pursuant to the provisions characteristics of a condensate Pool. must obtain the countersignature of the of this Order shall be completed in ac­ (8) “Pool” means any underground Director in Charge of the nearest Dis­ cordance with said rating, unless the rat­ accumulation of crude petroleum or as­ trict Office of the Office of Petroleum ing has been specifically revoked with sociated hydrocarbon substances, in­ Coordinator upon the purchase order respect thereto. No additional applica­ cluding but not limited to natural gas, which such Operator has endorsed and tions of the rating to any other deliveries constituting a single and separate res­ signed pursuant to paragraph (e) (1).’ shall thereafter be made by any Operator ervoir or source of supply within a field, or Supplier affected by such revocation. (f) Restrictions on use of material ob­ area, or horizon whether or not presently (m) Applicability of Priorities Regula­ discovered or developed. tained under a rating. When an Opera­ tion No. 1. This Order and all transac­ tor has applied a rating authorized by tions affected thereby are subject to the (b) Conservation of material used in this Order, he must use the Material de­ provisions of Priorities Regulation No. 1, production. Subject to the exceptions livered pursuant to the rating, or an as amended from time to time, except in paragraph (c) hereof, no Operator equivalent amount of Material, for the to the extent that any provision of this shall order, purchase, accept delivery of, purpose stated in his endorsement pur­ Order may be inconsistent therewith, in withdraw from inventory or in any other suant to paragraph (e). In no event which case such provision shall govern. manner, directly or indirectly, secure or use Material for construction, recon­ shall any Operator use Material delivered (n) Effective date. This Order shall to him pursuant to a preference rating struction, expansion, remodeling, re­ take effect on the date of issuance and placement, or improvement of facilities assigned by this Order in violation of the shall continue in effect until February 28, provisions of any Conservation Order used in Production. Subject to the ex­ 1942. (P.D. Reg. 1, Aug. 27, 1941, 6 F.R. ceptions in paragraph (c) hereof, no Per­ issued by the Director of Priorities. 4489; OP.M. Reg. 3 Amended, Sept. 2, (g) Exception of operators from pro­ son shall deliver or otherwise supply, or 1941, 6 F.R. 4865; E.O. 8629, Jan. 7, 1941, cause to be delivered or otherwise sup­ visions of Preference Rating Orders Nos. 6 F.R. 191; E.O. 8875, Aug. 28,1941, 6 F.R. P-43 and P-100. No Operator engaged plied, any Material which he knows, or 4483; sec. 2 (a), Public No. 671,76th Con­ has reason to believe, is intended for such in operating a Petroleum Enterprise shall gress, Third Session, as amended by Pub­ be entitled to apply the preference rating lic No. 89, 77th Congress, First Session; use. assigned by Preference Rating Orders sec. 9, Public No. 783, 76th Congress, (c) Exceptions. The provisions of Nos. P-43 or P-100, and no such Operator Third Session) paragraph (b) hereof shall not apply in shall be subject to the provisions of such the following instances: Orders. Issued this 14th day of January 1942. (h) Preference rating assistance other (1) To any case where Material is to J. S. K n o w l s o n , be used by an Operator for the Main­ than that granted by the terms of this Director of Priorities. order. Any Operator engaged in oper­ tenance or Repair of the Operator’s ating a Petroleum Enterprise may re­ [P. R. Doc. 42-357; Filed, January 14, 1942; property or equipment or is required as quest preference rating assistance for 10:47 a. m.] Operating Supplies, as these terms are deliveries of Material to him by filing defined in Preference Rating Order with the Office of Petroleum Coordinator P-98. applications for preference rating assist­ (2) To any case where Material is to ance on any appropriate preference rat­ PART 1047— CONSERVATION OF PRODUCTION be used by an Operator exclusively for ing or project rating application form MATERIAL FOR THE OIL INDUSTRY carrying out by means of an existing re­ issued pursuant to the authority of the Amendment No. 1 to Conservation search laboratory investigations into Director of Priorities. Order M-68 more efficient or effective methods of (i) Records. In addition to the rec­ conducting Production operations. ords required to be kept under Priorities Section 1047.1 (Conservation Order (3) To any case where Material is to Regulation No. 1, the Operator and each M-681) is hereby amended to read as be used by an Operator exclusively for Supplier receiving any purchase order follows: operations directly involved in the search or contract rated hereunder shall each § 1047.1 Conservation Order M-68— for and discovery of a previously un­ retain for a period of at least two years, (a) Definitions. (1) “Person” means any known Pool by means of geological, geo­ for inspection by representatives of the individual, partnership, association, cor­ physical or geochemical prospecting or Office of Production Management, en­ poration, or other form of enterprise. the drilling or completion of any Ex­ dorsed copies of all such purchase orders (2) “Production” means the discovery, ploratory Well. or contracts, whether accepted or re­ development, and depletion of Petroleum (4) To any case where Material is to jected, segregated from all other pur­ Pools, including without limitation the be used by an Operator exclusively for chase orders or contracts or filed in such operation of cycling plants and plants carrying out secondary recovery opera­ manner that they can be Teadily segre­ for the extraction of natural gasoline tions by means of artificial water drive, gated for such inspection. and associated hydrocarbons. gas drive, or air drive operations, but not (J) Communications to Office of Pe­ (3) “Petroleum” means petroleum, pe­ including Material to be used in Produc­ troleum Coordinator. All reports which troleum products, and associated hydro­ tion operations by means of primary gas may be required to be filed hereunder, carbons including but not limited to nat­ cycling or pressure maintenance. and all communications concerning this ural gas. (5) To any case where Material is to Order, shall, unless otherwise directed, (4) “Operator” means any Person be used by an Operator for lease equip­ be addressed to: engaged in Production. ment, including oil treating equipment Office of Petroleum Coordinator and salt water disposal or injection equip­ Washington, D. C. Ref: P-98 16 F.R. 6687. ment, but not including Material to be 282 FEDERAL REGISTER, Thursday, January 15, 1942 used for pumping or other artificial lift­ O.P.C. Form PD-214b, or O.P.C. Form Whereas it is imperative, in the public ing equipment. PD-214c, issued by the Office of Petro­ interest and to prosecute the war effort, (6) To any case where Material is to leum Coordinator. to conserve the supply of such materials be used by an Operator for pumping, or and direct the distribution thereof into (d) Restriction on subdivision. No vital emergency operations; and other artificial lifting equipment to be in­ single lease or tract existing as such as of stalled on a well located on any single Whereas conservation of material by the effective date of this Order shall be means of the restrictions hereinafter or­ lease or tract in any field on which lease subdivided or otherwise rearranged for or tract the number of wells to which dered on the use of such material in the the purpose of making available to any marketing of petroleum is necessary in pumping or other artificial lifting equip­ Person the provisions of paragraph (c) ment has been or is to be attached does order to maintain the distribution of not at any time exceed an average of one (6). petroleum and petroleum products to the (e) Violations. Any Person affected military and naval forces and to certain well to every 10 surface acres of that part by this Order who violates any of its or parts of such lease or tract as are essential defense facilities; provisions or a provision of any otlier Now, therefore, it is ordered, That: contained within the productive limits of Order or who by any act or omission fal­ the field; or to any case where Material is sifies records to be kept or information § 1047.4 Conservation Order M-68-c— to be used by an Operator for pumping to be furnished pursuant to this Order (a) Definitions. (1) “Person” means or other artificial lifting equipment to be may be prohibited from receiving further any individual, partnership, association, installed on a well located on any single deliveries of any material subject to allo­ corporation, or other form of enterprise. lease or tract of 10 acres or less in any cation, and such further action may be (2) “Marketing” means the. operation field on which lease or tract no other taken as is deemed appropriate including of all stationary facilities, other than wells are located to which pumping or a recommendation for prosecution under Petroleum terminal and terminal stor­ other artificial lifting equipment is age facilities, for the distribution of Pe­ attached. section 35 (A) of the Criminal Code (18 U.S.C. 80). troleum (not including natural gas) to (7) To any case where Material is to (f) Revocation or amendment. This service stations or to consumers, includ­ be used by an Operator to drill, complete, Order may be revoked or amended at any ing without limitation service stations, or provide additions to any well in any time as to any Person. In the event of substations, bulk plants, warehouses, and discovered or undiscovered oil field, other revocation, deliveries shall be made in ac­ wholesale depots. than# Condensate Field, where such well cordance with the provisions of any ap­ (3) “Petroleum” means petroleum, pe­ conforms to a uniform well-spacing pat­ plicable Preference Rating Order without troleum products and associated hydro­ tern of not more than one single well to further restrictions unless such deliveries carbons including but not limited to nat­ each 40 surface acres: Provided, That no have been specifically restricted. ural gas. well shall be drilled unless, prior to the (g) Applicability of Priorities Regula­ (4) “Operator” means any Person en­ actual commencement of development tion No. 1. This Order and all transac­ gaged in Marketing. operations at the designated drilling lo­ tions affected thereby are subject to the (5) “Material” means any commodity, cation of such well, there has been a con­ provisions of Priorities Regulation No. 1, equipment, accessories, parts, assem­ solidation of all separate property in­ blies, or products of any kind. terests within the appropriate 40 acre as amended from time to time, except to area surrounding such design ated the extent that any provision of this Or­ (b) Conservation of material used in der may be inconsistent therewith, in marketing. Subject to the exceptions in drilling location. which case such provision shall govern. (8) To any case where Material is to paragraph (c) hereof, no Operator shall be used by an Operator to drill, complete, (h) Effective date. This Order shall order, purchase, accept delivery of, with­ or provide additions to any well in any take effect on the date of issuance and draw from inventory or in any other discovered or undiscovered natural gas shall continue in effect until revoked. manner, directly or indirectly, secure or field, other than a Condensate Field, (P.D. Reg. 1, Aug. 27, 1941, 6 F.R. 4489; use Material for construction, recon­ where such well conforms to a uniform O.P.M. Reg. 3, Amended Sept. 2, 1941, 6 struction, expansion, remodeling, re­ well-spacing pattern of not more than F.R. 4865; E.O. 8629, Jan. 7, 1941, 6 F.R. placement, or improvement of facilities one single well to each 640 surface acres: 191; E.O. 8875, Aug. 28, 1941, 6 F.R. 4483; used in Marketing. Subject to the ex­ Provided, That no well shall be drilled sec. 2 (a), Public No. 671, 76th Congress, ceptions in paragraph (c) hereof, no unless, prior to the actual commence­ Third Session, as amended by Public No. Person shall deliver or otherwise sup­ ment of development operations at the 89, 77th Congress, First Session; sec. 9, ply, or cause to be delivered or otherwise designated drilling location of such well, Public No. 783, 76th Congress, Third Ses­ supplied, any Material which he knows, there has been a consolidation of all sep­ sion) or has reason to believe, is intended for arate property interests within the ap­ Issued this 14th day of January 1942. such use. propriate 640 acre area surrounding such J. S. K n o w l s o n , (c) Exceptions. The provisions of par­ designated drilling location. Acting Director of Priorities, agraph (b) hereof shall not apply in the (9) To any case where Material is to following instances: be used by an Operator to complete or [F. R. Doc. 42-354; Filed, January 14, 1942; 10:46 a. m.] (1) To any case where Material is to provide surface connections for any well be used by an Operator for the Mainte­ in any discovered or undiscovered oil or nance or Repair of the Operator’s prop­ gas field or Condensate Field where such erty or equipment or is required as Oper­ well has actually been “spudded” on or PART 1047— CONSERVATION OF PRODUCTION ating Supplies, as these terms are defined before December 23, 1941. MATERIAL FOR THE OIL INDUSTRY in Preference Rating Order P-98. (10) To any case where the Director (2) To any case where prior to the ef­ of Priorities, Office of Production Man­ Conservation Order M-68-c fective date of this Order actual .physical agement, has determined that construc­ Whereas the Congress of the United work of construction, reconstruction, ex­ tion, reconstruction, expansion, remodel­ States has declared a “state of war be­ pansion, remodeling, replacement, or im­ ing, replacement, or improvement of any tween the United States and the Imperial provement has commenced at the loca­ facility used in Production is as to ary Japanese Government,” and has further tion, or upon equipment then at the Operator or as to any field, fields or area adopted Joint Resolutions “declaring that location, of any facility used in Market­ necessary and appropriate in the public a state of war exists between” the Gov­ ing: Provided, That the work of construc­ interest and to promote the war effort. ernment of Germany and the Govern­ tion, reconstruction, expansion, remod­ Application for such a determination ment of Italy “and the Government and eling, replacement, or improvement must shall be made by letter and filed with the people of the United States”; and be scheduled for completion and actually Petroleum Coordinator for National De­ Whereas the prosecution of this war completed within 60 days subsequent to fense, Department of the Interior, Wash­ requires the immediate increased use in the effective date of this Order. ington, D. C. Information to be sub­ emergency activities of vast quantities (3) To any case where the Director of mitted in such application shall be in of steel, non-ferrous metals, rubber, and Priorities, Office of Production Manage­ accordance with OPC Form PD-214a, other critical materials; and ment, has determined that construction, FEDERAL REGISTER, Thursday, January IS, 1942 283 reconstruction, expansion, remodeling, stability and the prevention of undue the maximum prices established by this replacement, or improvement of any fa­ priee rises and price dislocation. Copper Schedule, mid where such firm commit­ cility used in Marketing is necessary and is a basic material for the production of ment is actually carried out prior to De­ appropriate in the public interest and to many defense products and as such has cember 31, 1941, or such later date as promote the war effort. ' Application for been subjected to a method of complete may be permitted in each case upon ap­ such a determination shall be made by control of its distribution by a General plication to the Office of Price Adminis­ letter and filed with the Petroleum Co­ Preference Order of the Office of Pro­ tration, or ordinator for National Defense, Depart­ duction Management, No. M-9-a, effec­ (b) Where the applicant is a dealer, ment of the Interior, Washington, D. C. tive August 2, 1941. In order to equalize the permission is necessary to protect the Information to be submitted in such ap­ the price to all consumers under that applicant against loss, the contract or plication shall be in accordance with preference order and in the interest of firm commitment was entered into prior OPC Form PD-215, issued by the Office of national defense and of the public, the to August 12, 1941, and the copper, or Petroleum Coordinator. . establishment of maximum prices for the purchase contract for the copper, to (d) Violations. Any person affected copper Is necessary. On the basis of in­ fulfill such contract or firm commitment by this Order who violates any of its formation furnished by the Trade and was acquired prior to April 25,1941.* provisions or a provision of any other secured by independent investigation by § 1309.54 Evasion. The price limita­ Order or who by any act or omission the Office of Priee Administration, I find tions set forth in this Schedule shall not falsifies records to be kept or informa­ .that the maximum prices set forth below be evaded whether by direct or indirect tion to be furnished pursuant to this constitute reasonable limitations on the methods in connection with a purchase, Order may be prohibited from receiving price of copper. sale, delivery, or transfer of copper, alone further deliveries of any Material subject Therefore, under the authority vested or in conjunction with any other mate­ to allocation, and- such further action in me by Executive Order 8734, it is rial, or by way of any commission, serv­ may be taken as is deemed appropriate hereby directed that: ice, transportation, or other charge or including a recommendation. for prose­ § 1309.51 Maximum prices for copper. discount, premium, or .other privilege, or cution under section 35 (a) of the Crimi­ (a) On and after February 1, 1942, re­ by tying agreement or other trade under­ nal Code (18 U.S.C. 80 >. ' gardless of the terms of any contract of standing or otherwise.* (e> Revocation or amendment. This sale or purchase, or other commitment, § 1309.55 Records and reports. Every Order may be revoked or amended at except as provided in § 1309.53 of this person making purchases or sales of cop­ any time as to any Person. In the event chapter, no person shall sell, offer to sell, per after August 12, 1941, shall keep for of revocation, deliveries shall be made deliver or transfer copper and no person inspection by the Office of Price Adminis­ in accordance with the provisions of shall buy, offer to buy, or accept delivery tration for a period of not less than one. any applicable Preference Rating Order of copper at prices higher than the maxi­ year complete and accurate records of; without further restrictions, unless such mum prices set forth in Appendix A (a) Each such purchase or sale, show­ deliveries have been specifically re­ hereof, incorporated herein as § 1309.60: stricted. • ing the date thereof, the name and ad­ Provided, That any person may sell, offer dress of the buyer and the seller, the (f ) Applicability of Priorities Regula­ to sell, deliver or transfer copper to tion No. 1. This Order and all trans­ price paid or received, and the quantity Metals Reserve Company or any other in pounds or tons of each kind or grade actions affected thereby are subject to government department, agency or cor­ the provisions of Priorities Regulation purchased or sold; and poration previously approved in writing (b) The quantity, in pounds or tons, No. 1, as amended from time to time, by the Office of Price Administration, and except to the extent that any provision of copper (1) on hand, and (2) on order, Metals Reserve Company or any other as of the close of each calendar month. of this Order may be inconsistent there­ government department, agency or cor­ with, in which case such provision shall Persons affected by this Schedule shall poration so approved by the Office of submit such reports to the Office of Price govern. Price Administration, may buy, offer to (g) Effective dale. This Order shall Administration as it may, from time to buy, or accept delivery of copper at prices time, require.* take effect on the date of issuance and higher than the maximum prices set shall continue in effect until revoked. forth in § 1309.60. § 1309.56 Enforcement. In the event (P.D. Reg. 1, Aug. 27, 1941, 6 F it. 4489; (b) Except as otherwise provided in of refusal or failure to abide by the price O.PJÆ. Reg. 3 Amended, Sept. 2, 1941, § 1309.60, the prices established by this limitations, record requirements, or other g F.R. 4885; E.O. 8629, Jan. 7, 1941, 6 Schedule are delivered prices at the buy­ provisions of this Schedule, or in the event F.R. 191; E.O. 8875, Aug. 28, 1941, 6 FJR. er's place of business and are gross prices of any evasion or attempt to evade the 4483; sec. 2 (a>, Public No. 671, 76th before the deduction of any discounts and price limitations or other provisions of Congress, Third Session, as amended by include all commissions.* this Schedule, the Office of Price Admin­ Public No. 89, 77th Congress, First Ses­ *§§ 1309.51 to 1309.60, inclusive, issued istration will make every effort to assure sion; sec. 9, Public No. 783,76th Congress, pursuant to the authority contained in E.O. (a) that the Congress and the public are Third Session) Nos. 8734, 8875, 6 FR . 1917, 4483. fully informed thereof r(b) that the pow­ Issued this 14th day of January 1942. ers of Government, both state and fed­ § 1309.52 Less than maximum prices. eral, are fully exerted in order to protect J. S. Knctwxson, Lower prices than those set forth in the-public interest and the interests of Director of Priorities. § 1309.60 may be charged, demanded, those persons who comply with_ this fP Jt Doc. 42-355; Hied, January 14, 1942; paid or offered.* Schedule; (c) that full advantage will be 10:46 a. m.J § 1309.53 Permission to carry out taken of the cooperation of the various contracts entered into prior to August 12, political subdivisions of state, county, 1941. Any person who has, prior to Au­ and local governments by calling to the gust 12,1941, entered into a contract of attention of the proper authorities, fail­ CHAPTER XI—OFFICE OF PRICE sale or other firm commitment calling ADMINISTRATION ures to comply with this. Schedule which for delivery or transfer, after that date, may be regarded as grounds for the re­ Part 1309—Copper Aim Copper Alloys of copper at prices higher than the max­ vocation of licenses and permits; and (d) imum prices established by this Schedule AMENDMENT NO. 2 OF PRICE SCHEDULE NO. that the procurement services of the may make application, upon forms avail­ Government are requested to refrain 15 — COPPER1 able upon request, to the Office of Price from selling to or purchasing from those The preamble and §1 1309.51 to 1309.60, Administration for permission to carry persons who fail to comply with this inclusive, are hereby amended and re­ out such contract or commitment at the Schedule. Persons who have evidence of numbered so that Price Schedule No. 15 contract price. -Such permission will be the offer, receipt, demand or payment shall read as follows: granted only: of prices higher than the maximum The Office of Price Administration is (a) Where the applicant has entered prices, or of any evasion or effort to evade charged with the maintenance of price into a firm commitment with a purchaser the provisions hereof, or of speculation, prior to August 12, 1941* at a price not or manipulation of prices of copper, or ‘ Revised to February 1» 1942. more than Y24 per pound in excess of of the hoarding or accumulating of un- No. 10------2 284 FEDERAL REGISTER, Thursday, January 15, 1942 necessary inventories thereof, are urged forms. For copper of any other kind or § 1355.1 Maximum prices for primary to communicate with the Office qf Price grade or in any other shape or form than lead. On and after January 15, 1942, Administration. * that set forth in paragraph (a) pr (b) of regardless of the terms of any contract of § 1309.57 Modification of the Price this section, the maximum price shall be sale or purchase, or other commitment, Schedule. Persons complaining of hard­ the applicable maximum base price set no person shall'sell, offer to sell, deliver ship or inequity in the operation of this forth in paragraph (a) or (b) of this or transfer primary lead, and no person Schedule may apply to the Office of Price section plus or minus the premium or shall buy, offer to buy, or accept delivery Administration for approval of any mod­ discount for copper of such kind or grade, of primary lead, at prices higher than the ification thereof or exception therefrom: or in such shape or form which» would maximum prices set forth in Appendix Provided, That no application under this customarily have been added to or sub­ A hereof, incorporated herein as section will be considered unless the per­ tracted from the base price on August 11, § 1355.9.* son making such application shall have, 1941. *§§ 1355.1 to 1355.9, inclusive, issued pursu­ to the satisfaction of the Office of Price (d) Differentials for delivery of copper ant to authority contained in Executive Or­ Administration, complied with this in carload lots at points other than ders Nos. 8734, 8875, 6 F.R. 1917, 4483. Schedule.* Connecticut Valley points. For copper, § 1355.2 Less than maximum prices. § 1309.58 Definitions. When used in except casting copper, delivered in car­ Lower prices than those set forth in Ap­ this Schedule, the term: load lots at any point other than a pendix A may be charged, demanded, (a) “Person” means an individual, cor­ Connecticut Valley point the maximum paid or offered.* poration, association, partnership, or price shall be the maximum base price § 1355.3 Evasion, (a) The price limi­ other business entity. set forth in paragraph (a) of this sec­ tations set forth in this Schedule shall (b) “Copper” means all copper metal tion, as adjusted pursuant to paragraph not be evaded whether by direct or indi­ refined by any process of electrolysis or (c) of this section, plus or minus the de­ rect methods in connection with a pur­ fire refining to a grade and in a form livery differential which on August 11, chase, sale, delivery or transfer of pri­ suitable for fabrication, and shall include 1941 would customarily have been added mary lead,-alone or in conjunction with all such metal produced from domestic to or subtracted from the base price. any other material, or by way of any or imported ores, concentrates, or other The same delivery -differentials shall commission, service, transportation, or copper bearing material, or scrap. apply to lake or other fire refined copper, other charge, or discount, premium or (c) “Carload lot” means the minimum except casting copper, as were applied other trade understanding, or otherwise. quantity of copper required to obtain to electrolytic copper on August 11* 1941. (b) Any purchase, sale, delivery or railroad carload rates from the point of (e) Premiums on sales of copper in less transfer of primary lead in quantities shipment to the point of destination. than carload lots by other than refiners less than requested by the buyer in order (d) “Dealer” means a person who re­ or producers. Sales of copper in less to enable the seller to obtain a higher ceives physical delivery of copper and than carload lots by other than a pro­ less-than-carload-lot differential shall ducer or refiner may be made f. o. b. ship­ be considered to be an evasion of this sells or holds the same for resale without ping point but the maximum price f. o. b. change in form.* Schedule, provided that the buyer is shipping point shall not exceed the maxi­ willing to accept delivery thereof in a *§ 1309.59 Effective date of the Sched­ mum base price as set forth in paragraph single shipment.* ule. Thi£ Schedule, as amended, shall (a) of this section, after the adjustments § 1355.4 Records and reports. Every become effective February 1, 1942. De­ for the kind or grade, shape or form and person making purchases or sales of pri­ liveries of copper made prior thereto delivery differentials provided for in mary lead after January 15, 1942, shall shall be governed by the terms of this paragraphs (c) and (d) of this section, keep for inspection by the Office of Price Schedule which were in effect on the date plus the applicable one of the following Administration for a period of not less of such delivery.*1 quantity premiums: than one year, complete and accurate § 1309.60 Appendix A; maximum Price records of (a) each such purchase or prices—(a) Maximum "base prices for Q uantity per pound sale, showing the date thereof, the name 0-499 pounds______20 and address of the buyer and the seller, copper, except casting copper, sold by a 500-999 pounds______lVfc0 refiner or producer. 1000-4999 pounds______10 the price paid or received, and the quan­ Amount of shipment Price 5000 pounds to carload------% 0 tity of each grade or type purchased or Carload_____ y____ 120 per pound delivered sold, and (b) the quantity of primary Connecticut Valley The premiums provided in this sub­ lead (1) on hand, and (2), on order, as points. section shall not apply to casting copper. of the close of each calendar month. Less than carload— 12y80 per pound f. o. to. Issued this 13th day of January 1942. Persons affected by this Schedule shall refinery. submit such reports to the Office of Price L eon H enderson, These maximum base prices are for Administrator. Administration as it may, from time to electrolytic, lake or other fire refined time, require.* [F. R. Doc. 42-350; Filed, January 13, 1942; § 1355.5 Enforcement. In the event copper in the shape of wire bars or ingot 4:04 p. m.] of refusal or failure to abide by the price bars made to meet either the American limitations, record requirements, or other Society of Testing Materials Standard provisions of this Schedule, or in the specifications B 5-27 for electrolytic cop­ P art 1355—Lead per or B 4-27 for lake copper and sold event of any evasion or attempt to evade by a refiner or producer. PRICE. SCHEDULE NO. 69— PRIMARY LEAD the price limitations or other provisions (b) Maximum base prices for casting of this Schedule, the Office of Price Ad­ The Office of Price Administration is ministration will invoke all appropriate copper. charged with the maintenance of price Price (/. o. to. stability and the prevention of undue sanctions at its command, including tak­ Amount of shipment shipping point) price rises and price dislocations. ing action to see (a) that the Congress More than 20,000 pounds— 11%0 per pound. Military and essential civilian demands and the public are fully informed there­ Less than 20,000 pounds— 120 per pound. upon the supply of lead have become in- of; (b) that the powers of Government, These maximum base prices, are for creasinglyheavy. The present supply of both state and federal, are fully exerted casting copper in the shape of ingot bars lead will not suffice to meet these needs, in order to protect the public interest and or small ingots made by fire refining to a and imports are threatened. The com­ the interests of those persons who comply standard of 99.5 per cent pure including bination of increased demand and in­ with this Schedule; (c) that full advan­ silver as copper. sufficient supply threatens a bidding up tage will be taken of the cooperation of (c) Differentials for copper of other the various political subdivisions of state, kinds or grades or in other shapes or of the price of lead, which will materially increase the cost of the war effort and county, and local governments by calling 1 Price Schedule No. 15—Copper, issued tend to create an inflationary price spiral. to the attention of the proper authori­ August 12, 1941, effective August 12, 1941, 6 Accordingly, under the authority vested ties, failures to comply with this Sched­ F.R. 4008, August 12, 1941; amended August ule which may be regarded as grounds 28, 1941, effective August 12, 1941, 6 F.R. 4535, in me by Executive Order No. 8734, it is September 3, 1941. hereby directed that: for the revocation of licenses and per- FEDERAL REGISTER, Thursday, January IS, 1942 285 mits; (d) that the procurement services persons complying with this Schedule (iff) Sales by plumbing supply houses. of the Government are requested to re­ and other Schedules issued toy the Office No plumbing supply house shall sell, offer frain from selling to or purchasing, from of Price Administration.* to sell, deliver, or transfer primary lead those persons who fail to comply with % 1355,7 Definitions. When used in at prices in excess of the maximum prices this Schedule; and (e) that the Supply this Schedule, the term established in paragraph (a) of this sec­ Priorities and Allocations Board is re­ tion plus an amount not to exceed the quested to -direct the withholding of pri­ (a) “Person” means an individual, difference between the highest price re­ ority ratings and the allocation of mate­ partnership, association, corporation, or ceived by'such supply house in a sale of a rials to any person f ailing to comply with other business entity; similar quantity of the same grade cff lead this Schedule. Persons who have evi­ 0» “Primary lead” means the grades on October 1, 1941, or on the last date dence of the offer, receipt, demand, or and types of primary lead set forth in previous thereto on which such a sale payment of prices higher than the maxi­ Appendix A of this Schedule; and took place, and the price paid by such mum prices, or of any evasion or effort (c) “Point of shipment” means thesupply house for such lead In the last to evade the provisions hereof, or of point from which the seller ships to the purchase prior to such sale. speculation, or manipulation of prices of buyer. This is usually the seller’s plant,

in go ts, u n f e d in g o t s, o r o t h e r special ’ In such cases the transportation charge SHAPES must be shown as a separate item in all (1) C om m on lead ------i 6.850 s 7.000 -, Base price plus .5Q0. price quotations. (2) C orroding lead ______j 8.950 7.100 Base price plus .600. When used in this Schedule, the term (3) C hem icailead ------6.950 7.100 Base price plus .600. (4) C opperized le a d m ad e from: “point of shipment” means the point {a) C om m on lea d ...... ■ ------6.900 1 7,050 B ase price p lu s .550. from which the seller ships to the buyer. (b) Corroding lead ...... T------7.000 7.150 B ase price p lu s .650. This is usually the seller’s plant, ware­ house, nr yard, but, where the material is shipped directly to the buyer from When used in paragraph (a) of this rates from the point of shipment to the some point nther than the seller’s plant, section, in reference to carload lots, the point of destination. warehouse, or yard, such nther point is term “Base Price” means the price (b) Sold and shipped, delivered, or the point of shipment. quoted in paragraph (e). of this section carried army in less than -carload tots. (c) Table of base prices. at the point of delivery. If the point The term “Carload maximum price” of delivery is not listed, the price listed referred to in subparagraphs (i) and -(ii) Basing point Price per Tb. for the nearest point in distance to the below means the maximum price as de­ Alabama : cents Birmingham______6. 55 point of delivery shall prevail. termined in paragraph (a) of this Sec­ 6.55 The above grades of primary lead are tion, except that for the purposes of California: to be determined in accordance with the si¶graphs ii) and Cil) below the Los Angeles------—...... 6. 50 specifications of the American Society maximum price shall be determined at M elrose______for Testing Materials. Primary lead the point of shipment instead of at the 6.50 which fails to meet such standards should point of delivery. In this determination, ______6.50 be sold at normal differentials below the the term “Base Price” means the price Colorado; established maximum prices. quoted in paragraph tc) of this Section _ 6.50 Connecticut : The minimum quantity making up a at the point of shipment. If the point Bridgeport______— . .... 6.55 carload lot for the purposes of this of shipment is not listed, the price listed B. 55 Schedule shall be the minimum quantity for the nearest point in distance to the New London, ------6.55 required to obtain railroad carload lot point of shipment shall prevail. Torrington______6.55 Waterbury------______- 6.55 Illinois: ...... 6.40 (ii) Sales by distributors, dealers, jobbers and all other persons except producers Chicago-,______6.40 and plumbing supply houses. ______6.40 Maximum price, per pound 6.40 For sales in lots of: (/. o. b. point of shipment) ______6.35 20.000 lb. and less than a carload______.______Carload maximum price plus .650, Evanston______._ - 6.40 10.000 lb. and less than 20,000 lb______Carload maximum price plus .750. Granite City------;______6.40 2.000 lb. and less than 10,000 lb______- Carload maximum price plus 1.000. Greenville______...... 6.40 Less than 2,000 pounds______Carload maximum price plus 1.500. Greenwood Blvd__ _...... 6.40 286 FEDERAL REGISTER, Thursday, January 15, 1942

Basing point Price per lb. Basing point Price per lb. P art 1355—Lead Illinois—Continued. in cents New York—Continued. in cenis PRICE SCHEDULE NO. 7 0 — LEAD SCRAP MATE­ Joliet ______—. ______6.40 Richfield Springs______6. 50 ______6.40 Rochester______—------6. 50 RIALS; SECONDARY LEAD INCLUDING CALK­ Kensington • - ____ ING l e a d ; b a t t e r y l e a d s c r a p ; a n d Peoria_tJ.__ - ______6.40 Rome______6.50 Waukegan ______„______6. 40 Schenectady______- 6.50 PRIMARY AND SECONDARY ANTIMONIAL W. Pullman______6. 40 Syracuse —______——------6.50 LEAD Indiana: West Albany______6.50 Yonkers______— 6.50 The Office Of Price Administration is Charlestown_____ ...... 6. 50 charged with the maintenance of price Gary------*—------6.40 -'North Carolina: Grasselli______— ...______6. 40 Charlotte______- 6.80 stability and the prevention of undue Hammond-______6.40 Durham-______6.80 price rises and price dislocations. Indianapolis______—______6. 50 Raleigh______6- 80 Lead is a basic requirement for mil­ Kokomo ______6. 50 Winston Salem______6. 50 itary and essential civilian needs. A Marion.______...... 6. 50 North Dakota: considerable portion of the lead supply M uncie______...... —. 6. 50 Fargo______- —- 6.50 comes from secondary materials. The W hiting______...... 6.40 Ohio: Akron______— 6.50 increased demands upon the supply of Iowa: lead, together with threatened reduction Keokuk______6.35 Canton______6. 50 Cincinnati______6.50 in imports, have created a critical sit­ Kansas: ______6.35 Cleveland______6. 50 uation in the secondary lead field. Prices Topeka - ______D elta______6.50 have' advanced beyond those of primary Kentucky: E. Liverpool______6.55 Louisville______...... ' 6.50 lead, and further increases will raise the Lorain______X.------6.50 direct cost of the war effort, and tend Louisiana: Martins Ferry______6.55 Baton Rouge—__ ...... 6.50 Niles—------6. 50 to create an inflationary price spiral. New Orleans____ ...... 6. 60 Portsm outh______- 6. 55 Accordingly, under the authority vested Maryland: Reading______------6.50 in me by Executive Order No. 8734, it Baltimore__ - ___ ...... 6.50 Oklahoma: is hereby directed that: Massachusetts: Oklahoma City______- 6.50 Boston______...... 6.55 Pennsylvania: § 1355.51 Maximum prices for lead Cambridge______6.55 Allentown______— 6.50 sctap materials other than battery lead Springfield______6.55 Ambridge______,____ 6.55 scrap. On and after January 15, 1942, Worcester______6.55 Crescentville______— 6.50 regardless of the terms of any contract Michigan: Donora.______— 6.55 of sale or purchase, or other commitment, D etroit______6.50 E. Pittsburgh------6.55 no person shall sell, offer to sell, deliver Port Huron______6.50 Erie______.__ r.______6.50 or transfer lead scrap materials, and no River Rouge______6. 50 Fort Washington______6. 50 person shall buy, offer to buy, or accept Minnesota: Monessen______—------6. 55 delivery of lead scrap materials, at prices Duluth______— ______New Castle______6.40 6.55 higher than the maximum prices set Minneapolis______6.40 New Brighton.______— 6.50 St. Paul______6.40 Philadelphia______— 6. 50 forth in Appendix A hereof, incorporated Mississippi: Pittsburgh______- 6.55 herein as § 1355.64.* Hattiesburg ______6.75 R ankin______- 6. 55 * § § 1356,51 to 1355.69, inclusive, issued pur­ Missouri: Reading______6.50 suant to authority contained in Executive Joplin______...... 6.40 Scranton______6.50 Orders Nos. 8734, 8875; 6 F.R. 1917, 4483. Kansas City______6.35 Wilkes-Barre______6.50 Neosho____ —____ ...... 6.50 Rhode Island: § 1355.52 Maximum prices for sec­ St. Louis______— _ 6.35 Bristol______6.55 ondary lead including calking lead. On Montana: Pawtucket------6. 55 and after January 15, 1942, regardless Anaconda______L______6. 50 Phillipsdale______6.55 of the terms of any contract of sale or Black Eagle—.---- ______6.50 Providence______- 6.55 purchase, or other commitment, no per­ Nebraska: South Carolina: son shall sell, offer to sell, deliver or Omaha______— 6.35 Spartanburg______—------— 6.75 Tennessee: transfer secondary lead, and no person New Hampshire: shall buy, offer to buy, or accept delivery Portsmouth------6.55 Lenoir City—------6.70 Memphis------.------6.50 of secondary lead at prices higher than New Jersey: Bayonne______6.50 Texas: the maximum prices set forth in Ap­ Bloomfield------6.50 Dallas______6.50 pendix B hereof, incorporated herein as Carney’s Point__ 6. 50 El Paso...... — 6. 50 § 1355.65.* Dundee ______6.50 Houston______6.50 § 1355.53 Maximum prices for bat­ Elizabeth____ _— 6.50 San Antonio - ______6.50 tery lead plates purchased and sold by Grasselli______6.50 Virginia: brokers. On and after January 15,1942, Irvington______6.50 Norfolk------6.50 regardless of the terms of any contract Jersey City—------6.50 Richmond--______6.50 Kearny______6.50 Washington: of sale or purchase, or other commit­ Newark______6.50 Seattle______6.50 ment, in the execution of a brokerage New Brunswick— 6.50 West Virginia: sale .(a) no broker shall sell, offer to sell, Passaic______6.50 Charleston______6.50 deliver or, transfer battery lead plates, Paterson______6.50 Weirton------.------6.55 and no broker shall buy, offer to buy, or Perth Amboy------6.50 Wheeling______6- 55 accept delivery of battery lead plates, Phillipsburg_____ 6.50 Wisconsin: and (b) no person shall sell, offer to sell, Roebling______6.50 Burlington______6.40 deliver or transfer battery lead plates to Trenton______6.50 fKenosha_------f.------6. 40 Milwaukee_—______*—- 6.40 a broker, and no person shall buy, offer New York: to buy, or accept delivery of battery Albany—------. . 6.50 New Glarus_- ______6.40 Brooklyn______6.50 New London______-\------— 6.40 lead plates from a broker, at prices Buffalo— ______. . 6.50 higher than the maximum prices set Glendale, L. I__ _ 6.50 forth in Appendix C hereof, incorpo­ Green Island_—. . . 6.50 Issued this 13th day of January 1942. rated herein as § 1355.66.* H astings------. . 6.50 Leon H enderson, *§ 1355.54 Maximum prices for battery Long Island City. .. 6.50 Administrator. lead scrap purchased by smelters or bat­ Maspeth, L. I_—. 6.50 tery manufacturers. On and after Janu­ New York —. .. 6.50 [F. R. Doc. 42-349; Filed, January 13, 1942; Niagara Falls...... 6.50 4:02 p. m.] ary 15, 1942, regardless of the terms of FEDERAL REGISTER, Thursday, January 15, 1942 287 any contract of sale or purchase, or other keep for inspection by the Office of Price the interests of those persons who com­ commitment, (a) no smelter or battery Administration for a period of not less ply with this Schedule; (c) that full ad­ manufacturer shall buy, offer to buy, or than one year, complete and accurate vantage will be taken of the cooperation accept delivery of battery lead scrap, and records of (1) each such purchase or of the various political subdivisions of (b) no person shall sell, offer to sell, sale, showing the date thereof, the name state, county, and local governments by deliver or transfer battery lead scrap to and address of the buyer and the seller, calling to the attention of the proper au­ such smelter or battery manufacturer, the price paid or received, and the quan­ thorities, failures to comply ^ith this at prices higher than the maximum tity of each kind or grade purchased or Schedule which may be regarded as prices set forth in Appendix D hereof, in­ sold, and (2) the quantity of lead scrap grounds for the revocation of licenses and corporated herein as § 1355.67.* materials, secondary lead, battery lead permits; (d) that the procurement serv­ § 1355.55 Maximum prices for primary scrap, or antimonial lead (i) on hand, ices of the Government are requested to and secondary antimonial lead. On and and (ii) on order, as of the close of each refrain from selling to or purchasing from after January 15, 1942, regardless of the calendar month. those persons who fail to comply with terms of any contract of sale or purchase, (c) In addition to fulfilling the other this Schedule; and (e) that the Supply, or other commitment, no person shall requirements of this Schedule, every Priorities and Allocations Board is re­ sell, offer to sell, deliver or transfer anti­ smelter-or battery manufacturer making quested to direct the withholding of pri­ monial lead, and no person shall buy, purchases of battery lead plates after ority ratings and the allocation of materi­ offer to buy, or accept delivery of anti­ January 15, 1942, shall keep for inspec­ als to any person failing to comply with monial lead, at prices higher than the tion by the Office of Price Administra­ this Schedule. Persons who- have evi­ maximum prices set forth in Appendix E tion, for a period of not less than one dence of the offer, receipt, demand, or hereof, incorporated herein as § 1355.68.* year, complete and accurate records of payment of prices higher than the maxi­ § 1355.56 Less than maximum prices. each such purchase, including the date mum prices, or of any evasion or effort Lower prices than those set forth in of purchase, the name and address of to evade the provisions hereof, or of spec­ Appendices A, B, C, D, E, and F may be the seller, the price paid, the quantity ulation, or manipulation of prices of lead charged, demanded, paid, or offered.* received, and the results of the sample scrap materials, secondary lead, battery § 1355.57 Evasion, (a) The price assay made thereof in accordance with lead scrap, or antimonial lead, or of the limitations set forth in this Schedule the requirements of this Schedule. hoarding or accumulating of unnecessary shall not be evaded whether by direct or (d) All records recording the pur­ inventories thereof, are urged to com­ indirect methods in connection with a chase, sale, or transfer after January municate with the Office of Pricé Admin­ purchase, sale, delivery, or transfer of 15, 1942, of lead scrap material, second­ istration.* lead scrap materials, secondary lead, bat­ ary lead, battery lead scrap, or antimo­ § 1355.61 Modification of the Sched­ tery lead scrap, or antimonial lead, alone nial lead shall refer thereto, in addition ule. (a) Persons complaining of hard­ or in conjunction with any other mate­ to such other classifications as may be ship or inequity in the operation of this rial, or by way'of any commission except employed by the maker or keeper of said Schedule may apply to the Office of Price as provided in § 1355.66 hereof, or by records, in the terms in which they are Administration for approval of any mod­ way of any service, transportation, or respectively classified in this Schedule. ification thereof or éxception therefrom: other charge, or discount, premium, or (e) Persons affected by this Schedule Provided, That no application ,under this other privilege, or by tying-agreement or shall submit such reports to the Office section will be considered unless filed by other trade understanding, or otherwise. of Price Administration as it may, from persons complying with this Schedule (b) Any purchase, sale, delivery or time to time, require.* and other Schedules issued by the Office transfer of secondary lead or antimonial § 1355.59 Affirmations of compliance of Price Administration. lead in quantities less than requested by by smelters of battery lead plates or bat­ (b) Any person producing from scrap the buyer in order to enable the seller to tery manufacturers purchasing battery materials corroding lead of the specifi­ obtain a higher less-than-carload-lot lead plates. On or before February 10, cations established by the American So­ differential shall be considered to be an 1942, and on or before the 10th day of ciety for Testing Materials may apply to evasion of this Schedule, provided that each month thereafter, every smelter of the Office of Price Administration for per­ the buyer is willing to accept delivery battery lead plates or bàttery manufac­ mission to sell such materials at a thereof in a single shipment. turer purchasing battery lead plates shall premium to be established by the Office (c) Any agreement or transaction in submit to the Office of Price Adminis­ of Price Administration. Such permis­ connection with which a smelter proc­ tration an affirmation of compliance on sion will be granted only when it is esses lead scrap materials or battery lead Form 170:1, containing a sworn state­ proved to the satisfaction of the Office of scrap for any person on toll shall be con­ ment that during the preceding month Price Administration that the material sidered to be an evasion of this Schedule, in compliance with this Schedule an as­ for which such application is made meets unless such agreement or transaction has say has been made in the manner pre­ the required specifications.* first been approved in writing by the scribed in 1 1355.67 of this Schedule of § 1355.62 Definitions. When used in Office of Price Administration.* every shipment and delivery of battery this Schedule, the term: § 1355.58 Records and reports, (a) lead plates received by said smelter o* (a) “Antimonial lead” includes both Any broker or smelter completing a con­ purchased by said battery manufacturer. primary and secondary antimonial lead tract for brokerage sales as defined in Copies of Form 170:1 can be procured and means any lead-antimony alloy in § 1355.62 of this Schedule shall submit from the Office of Price Administration, the form of pigs or special shapes con­ under oath to the Office of Price Admin­ or, provided no change is made in the taining not less than 98% antimony and istration not later than the 10th day style and content of the Form and that lead combined, not less than 2% anti­ after the completion of delivery there­ it is reproduced on 8" x lO1^" paper, mony, and not more than Vk% tin; under a complete and accurate record of they may be prepared by persons required (b) “Base price” means the price listed such contract showing: to submit affirmations of compliance in Appendix F hereof at the point of ship­ hereunder.* ment. If the point of shipment is not (1) The date of the contract, listed therein, the price listed for the (2) The names and addresses of the § 1355.60 Enforcement. In the event of refusal or failure to abide by the price nearest point in distance to the point of contracting parties, shipment shall prevail; (3) The dates of the first and last ship­ limitations, record requirements, or other provisions of this Schedule, or in the (c) “Battery lead plates” means scrap ments thereunder made to and received battery lead plates either with or with­ by the smelter, event of any evasion or attempt to evade the price limitations or other provisions out lugs, liners, separators, and/or bat­ (4) The quantity contracted for and of this Schedule, the Office of Price Ad­ tery mud; the quantity delivered, and ministration will invoke all appropriate (d) “Battery lead scrap” means the (5) The broker’s commission paid, if sanctions at its command, including tak­ kinds, types, and grades of battery lead any. ing action to see (a) that the Congress scrap set forth in Appendices C and D (b) Every person making purchases and the public are fully informed thereof; of this Schedule; or sales of lead scrap materials, second­ (b) that the powers of Government, both (e) “Broker” means any person who ary lead, battery lead scrap, or anti­ state and federal, are fully exerted in (1) contracts to supply a smelter with monial lead after January 15, 1942, shall order to protect the public interest and not less than 30Q tons gross (wet) weight 288 FEDERAL REGISTER, Thursday, January 15, 1942

of battery lead plates to be delivered The maximum prices established Whenever delivery is made in the sell­ within a period of 30 days and (2) routes herein are the maximum prices to be er’s conveyance, the transportation all shipments under such contrasts from paid for the lead scrap materials enu­ charge shall not exceed the charge which a point of shipment other than the bro­ merated above in a clean condition after would be applicable on an identical ker’s plant, warehouse, or yard, directly the free iron, rubber, and other foreign shipment from the same point of ship­ to the smelter; materials are removed. ment to the same receiving point at the (f) “Brokerage sale” means a sale un­ Hard lead scrap shall be considered to lowest available commercial transporta­ der a firm contract in which any person include any scrap containing not less tion rate. In such cases, the transpor­ agrees (1) to supply a smelter with not than 98% lead and antimony combined, tation charge must be shown as a sepa­ less than 300 tons gross (wet) weight of and not less than 2% antimony. rate item in all price quotations. battery lead plates to be delivered within Brooklyn.______ered price must not exceed the maximum Idaho: ' 6.50 f. o. b. point of shipment price set forth Buffalo______6.50 Silver King______i______6. 50 Glendale, L. I____ u 6. 50 in this Schedule. Illinois: Whenever delivery is made in the Green Island_____ 6. 50 Aurora______6.40 Hastings_____.1. 6. 50 seller’s conveyance, the transportation Chicago ______6.40 Long Island City__ 6.50 charge shall not exceed the charge which Cicero______i.______6.40 I Maspeth, L. I_____ 6.50 would be applicable on an identical ship­ D ixon______s______6.40 New York______6.50 ment from the same point of shipment E. Alton______6.35 Niagara Phils_____ 6.50 to the same receiving point at the lowest Evanston______6.40 Richfield Springs.. 6. 50 available commercial transportation Granite City______.______6.40 Rochester______6.50 Greenyille______6.40 Rome______,____ 6.50 rate. In such cases, the transportation Greenwood Blvd______6.40 Schenectady_____ 6.50 charge must be shown as a separate item Joliet______6.40 Syracuse______... 6. 50 in all price quotations. Kensington______:______I____6.40 West Albany___ 1__ 6.50 When used in this Schedule, the term Peoria.______. ______6.40 Yonkers______6.50 “point of shipment” means the point Waukegan ______.______6.40 North Carolina: from which the seller ships to the buyer. West Pullman______6.40 Winston-Salem___ 6.50 This is usually the seller's plant, ware­ Indiana: North Dakota: Charlestown______6.50 Fargo______6.50 house, or yard, but where the material Gary______6.40 Ohio: is shipped directly to the buyer from Grasselli______'______6.40 Akron______6.50 some point other than the seller’s plant, Hammond______6.40 Canton______6.50 warehouse, or yard, such other point is Indianapolis______.______6.50 Cincinnati______6.50 Kokomo______6.50 Cleveland______6.50 the point of shipment. Marion______",______6.50 D elta______6. 50 Cc) Antimonial lead. When used in Muncie______:______6.50 E. Liverpool______6. 55 this Schedule, the term "antimonial lead” Whiting______6.40 Lorain _____,______6.50 means, any lead-antimony alloy in the Iowa: Martins Ferry_____ 6.55 form of pigs or special shapes, containing K eokuk_____ ,______6.35 N iles.______6.50 Kansas: Portsmouth______6.55 not less than 98% antimony and lead Topeka______6.85 Reading______6.50 combined, not less than 2%^ antimony, Kentucky: Oklahoma: and not more than %% tin.* Louisville______6.50 Oklahoma City___ 6. 50 FEDERAL REGISTER, Thursday, January 15, 1942 291

Basing “point Price per Zb. TITLE 49—TRANSPORTATION AND the maximum quantity of liquefied chlo­ Pennsylvania : in cents RAILROADS rine gas loaded into a single-unit tank- Allentown------6- 50 car tank mounted on one car structure Ambridge------6. 55 CHAPTER *1—INTERSTATE COM­ must not exceed 110,000 pounds (55 Crescentville------.------6- 50 MERCE COMMISSION tons), subject to the following further Donora------5. 55 limitations f E. Pittsburgh------6. 55 P art 75—R egulations A pplying to Erie______6. 50 S hippers (i) Tanks must be constructed in full Fort Washington— ------6. 50 compliance with current I. C. C. shipping Monessen------6.55 IN THE MATTER OF REGULATIONS FOR TRANS­ container specification 105A500, be forge New Castle------;------6. 55 PORTATION OF EXPLOSIVES AND OTHER welded, lagged with 4 inches of cork- New Brighton------.------6. 50 DANGEROUS ARTICLES Philadelphia------6.50 board, and equipped with safety valves Pittsburgh------6. 55 At a session of the Interstate Com­ set to open at a pressure of 225 pounds Rankin ------— 6.55 merce Commission, Division 3, held at per square inch, and have riveted an­ Reading------6. 50 its office in Washington, D. C., on the chors; cars to be registered as of ICC- Scranton------6. 50 18th day of December, A. D. 1941. 105A300 type. Wilkes-Barre______6. 50 It appearing that pursuant to sec­ Rhode Island: (ii) Discharge areas of safety valves Bristol______6. 55 tion 233 of the Transportation of Ex­ to be increased, if possible, so as to be Pawtucket------6.55 plosives Act approved March 4, 1921 (41 suitable for protection against damage Phillipsdale------6. 55 Stat. 1444), the Commission has formu­ to the larger-capacity tanks herein au­ Providence______6. 55 lated and published certain regulations thorized. Tennessee : for transportation of explosives and Memphis------6.50 (iii) This authority shall be effective other dangerous articles applying to car­ on and after date of service thereof, and Texas: riers engaged in interstate or foreign Dallas______6. 50 in all respects and for all shipments, ex­ El Paso______6.50 commerce by land and water, in freight, cept only those made thereunder, the Houston------6. 50 express, or baggage service by rail, or aforesaid regulations herein amended San Antonio______6.50 by water, or highway; shall be and remain in full force and Virginia : And it appearing that by application effect. Norfolk______6. 50 of the Office of Production Management Richmond______6. 50 dated October 31, 1941, we are asked to (iv) All effective car construction and Washington : order the temporary and limited amend­ safety appliance requirements must be Seattle------6.50 served. (Sec. 233, 41 Stat. 1445) West Virginia: ment of our regulations for transporta­ Charleston______6. 50 tion of explosives and other dangerous And it is further ordered, That copies Weir ton______6.55 articles so as to permit emergency ship­ of this order be served upon all parties Wheeling______6.55 ments to be made of liquefied chlorine of record herein, and that notice to the Wisconsin : gas in single-unit tank cars of capacity public be given by posting in the office Burlington______6.40 not to exceed 55 tons, 110,000 pounds, of of the Secretary of the Commission at Kenosha______6.40 liquid chlorine, the tanks to be manu­ Washington, D. C. Milwaukee______— 6.40factured in accordance with current By the Commission, Division 3. New Glarus______6.40 New London-______— 6.40I. C. C. shipping container specification [seal] W. P. B artel, No. 105A500, limited in application as Secretary. « herein further specified; Issued this 13th day of January 1942. It further appearing that the matter [F. R. Doc. 42-388; Filed, January 14, 1942; 11:48 a. m.] Leon H enderson, of the efficiency of the said tank-car Administrator. tanks has been considered, and that tank-car tanks constructed and’used as [F. R. Doc. 42-380; Filed, January 14, 1942; herein authorized will be in accord with Notices 11:45 a. m.] the best-known practicable means for securing safety in the transportation of liquefied chlorine gas; WAR DEPARTMENT. It further appearing, That the said TITLE 47—TELECOMMUNICATION tank-car tanks will be constructed by R estrictions on Certain T ransactions manufacturers considered to be com­ I nvolving P roperty in W hich Certain CHAPTER I—FEDERAL COMMUNI­ F oreign Countries, or An y N ational CATIONS COMMISSION petent to fully carry out the provisions of the applicable specification and this T hereof, M ay H ave an I nterest1— [Order No. 87-A] order for cars used for the transporta­ H ong K ong Part 12—R ules G overning Amateur tion of liquefied chlorine gas; section i Radio; S tations and O perators It further appearing, That section 303 (q) (7) of the aforesaid regulations pro­ 1. Executive Orders and Treasury De­ CANCELLATION OF SPECIAL AUTHORIZATIONS vides that the maximum quantity of partment Regulations. Section I, as At a session of the Federal Communi­ any liquefied gas, except crude nitrogen amended,2 is further amended by adding, cations Commission held at its offices in fertilizer solution and fertilizer ammoni- in proper alphabetical order to the list of Washington, D. C., on the eighth day of ating solution containing free ammonia, countries contained in paragraph 1 the January 1942; loaded into tanks mounted on one car following country: Whereas considerations of national structure must not exceed 60,000 pounds Executive Order No. and Federal Regis­ defense require the complete cessation of (30 tons) ; ter reference, 8998 (6 F.R. 6785); country, all amateur radio operation; And it further appearing, That by no Hong Kong; date effective, June 14,1941. It is ordered, That all special author­ means other than by modification of ex­ (R.S. 161; 5 U.S.C. 22) [Proc. Cir. 3, izations granted pursuant to Order No. isting regulations for the transportation W.D., Jan. 8, 1942, amending Proc. Cir. 871 be, and they are hereby, cancelled. of liquefied chlorine gas may the pro­ 81, W.D., Oct. 27, 1941] By order of the Commission. posed emergency shipments be made: [seal] E. S. Adams, By the Commission. It is ordered, That the regulations for Major General, [seal] T. J. S low ie, transportation of explosives and other The Adjutant General. Secretary. dangerous articles be, and they are [F. R. Doc. 42-358; Filed, January 14, 1942; [F. R. Doc. 42-344; Filed, January 13, 1942; hereby amended as follows: 10:55 a. m.] 2:10 p. m.] § 303 (q) (7) Compressed gases in tank cars and motor vehicles. (Add) N ote: * 6 F.R. 5701. 16 F.R. 6378. Until further order of the Commission, * 7 F.R. 183. No. 10— 292 FEDERAL REGISTER, Thursday, January 15, 1942

DEPARTMENT OP THE INTERIOR. The matter concerned herewith is in tuminous Coal Division at its Washing­ regard to petition of District Board No. ton Office or with any one of the statis­ Bituminous Coal Division. 11 for the establishment of Linton, Indi­ tical bureaus of the Division, within [Docket No. A -1242] ana, on the L C. Railroad as an addi­ twenty (20) days after date of service tional rail loading point for the coals thereof on the defendant; and that any P etition op D istrict B oard N o. 11 for Of the R. & G. Mine (Mine Index No. 104) defendant failing to file an answer within the E stablishment of an Additional of Henry W. Strietelmeier, a code mem­ such period, unless otherwise ordered, R ail Loading P oint for the Coals of ber in District No. 11. shall be deemed to have admitted the the R. & G. M ine (M in e I ndex N o. 104) Dated: January 12, 1942. allegations of the complaint herein and of H enry W. S trietelmeier, a Code [ seal] D an H. W heeler, to have consented to the entry of an M ember in D istrict N o. II Acting Director. appropriate order on the basis of the NOTICE OF AND ORDER FOR HEARING facta alleged. [F. R. Doc. 42-362: Filed, January 14, 1942; All persons are hereby notified that A petition, pursuant to the Bituminous 11: 20 a. m.] the hearing in the above-entitled matter Coal Act of 1937, having been duly filed and orders entered therein may concern, with this Division by the above-named in addition to the matters specifically al­ party; [Docket No. R-145] leged in the complaint herein, other mat­ It is ordered, That a hearing in the I n the M atter of A. J. B rimer, Code ters incidental and related thereto, above-entitled matter under the appli­ M ember, D efendant whether raised by amendment of the cable provisions of said Act and the rules complaint, petition of intervention, or of the Division be held on February 11, NOTICE OF AND ORDER FOR HEARING otherwise, and all persons are cautioned 1942, at 10:00 o’clock in the forenoon of A complaint dated October 24, 1941, to be guided accordingly. that day, at a hearing room of the Bitu­ pursuant to the provisions of sections 4 The matter concerned herewith is in minous Coal Division, 734 Fifteenth ll (j) and 5 (b) of the Bituminous Coal regard to the complaint filed by said Street, NW., Washington, D. C. On such Act of 1937, having been duly filed on complainant, alleging wilful violation by day the Chief of the Records Section in October 29, 1941, by the Bituminous Coal the above-named defendant of the Bitu­ room 502 will advise as to the room where Producers Board for District No. 13, dis­ minous Coal Code or rules and regula­ such hearing will be held. trict board complainant, with the Bitu­ tions thereunder as follows: It is further ordered, That Joseph D. minous Coal Division alleging wilful That the defendant, A. J. Brimer, R. Dermody or any other officer or officers violation by the defendant of the Bitumi­ F. D. No. 4, Haleyville, Alabama, sold of the Division duly designated for that nous Coal Code or rules and regulations subsequent to July 1, 1941, a substantial purpose shall preside at the hearing in thereunder, quantity of mine run and l ^ ' x O steam such matter. The officers so designated It is ordered, That a hearing in respect coal produced at his Sahara No. 2 Mine to preside at such hearing are hereby to the subject matter of such complaint (Mine Index No. 1192), which is located authorized to conduct said hearing, to be held on February 24,1942, at 10 a. m. at or near Haleyville, Alabama, to J. O. administer oaths and affirmations, ex­ at a hearing room of the Bituminous Springer, operating the Sheffield Coal amine witnesses, subpoena witnesses, Coal Division at the Tutwiler Hotel, Company, Sheffield, Alabama, at $2.50 compel their attendance, take evidence, Birmingham, Alabama. per ton for run of mine coal and $1.25 require the production of any books, pa­ It is further ordered, That Scott A. for the iy2" x 0 steam coal, f. o. b. said pers, correspondence, memoranda, or Dahlquist or any other officer or officers mine, whereas the effective minimum other records deemed relevant or ma­ of the Bituminous Coal Division duly des­ prices were $2.90 and $2.20 per ton f . o. b. terial to the inquiry, to continue said ignated for that purpose shall preside said mine, respectively, as stated in the hearing from time to time, and to pre­ at the hearing in such matter. The Schedule of. Effective Minimum Prices pare and submit proposed findings of officer so designated to preside at such for District No. 13 for Truck Shipment. fact and conclusions and the recom­ hearing is hereby authorized to conduct Dated: January 13, 1942. mendation of an appropriate order in said hearing, to administer oaths and [seal] D an H. W heeler, the premises, and to perform all other affirmations, examine witnesses, subpoena Acting Director. duties in connection therewith author­ witnesses, compel their attendance, take [F. R. Doc. 42-363; Filed, January 14, 1942; ized by law. evidence, require the production of any 11:20 a. m.] Notice of such hearing is hereby given books, papers, correspondence, memo­ to all parties herein and to persons or randa or other records deemed relevant or material to the inquiry, to continue entities having an interest in these pro­ [Docket No. B-133] ceedings and eligible to become a party said hearing from time to time, and to herein. Any person desiring to be ad­ such places as he may direct by an­ I n the M atter of Isaac Collins, B ryant mitted as a party to this proceeding may nouncement at said hearing or any ad­ M oore, T homas W illiams, S r., and file a petition of intervention in accord­ journed hearing or by subsequent notice, T homas W illiams, J r., (M ammoth ance with the rules and regulations of and to prepare and submit proposed find­ B lock Coal Company) , Also K now n as the Bituminous Coal Division for pro­ ings of fact and conclusions and the I saac Collins, B ryant M oore, T homas ceedings instituted pursuant to section recommendation of an appropriate order W illiams, S r., and T homas W illiams, 4 n id) of the Act, setting forth the in the premises, and to perform all other J r., I ndividually and as Co-P artners, facts on the basis of which the relief in duties in connection therewith authorized D oing B usiness U nder the N ame and the original petition Is supported or op­ by law. S tyle of Mammoth B lock Coal Com­ posed or on the basis of which other . Notice of such hearing is hereby given pany, Code M ember, D efendants to said defendant and to all other parties relief is sought. Such petitions of inter­ ORDER ADVANCING HEARING vention shall be filed with the Bitumi­ herein and to all persons and entities nous Coal Division on or before February having an interest in such proceeding. The above entitled matter having been 6, 1942. Any person or entity eligible under heretofore, by Order of the Acting Direc­ All persons are hereby notified that § 301.123 of the Rules and Regulations tor dated December 3,1941, scheduled for the hearing in the above-entitled matter Governing Practice and Procedure Be­ hearing at 10 o’clock in the forenoon of and any orders entered therein, may fore the Bituminous Coal Division in Pro­ January 19,1942, at a hearing room of the concern, in addition to the matters spe- ceedings Instituted Pursuant to sections Bituminous Coal Division at the Federal fically alleged in the petition, other mat­ 4 II (j) and 5 (b) of the Bituminous Coal Building, Catlettsburg, Kentucky; and ters necessarily incidental and related Act of 1937, may file a petition for inter­ It appearing to the Acting Director thereto, which may be raised by amend­ vention not later than five (5) days be­ that it is advisable to advance said hear­ ment to the petition, petitions of inter­ fore .the date herein set for hearing on ing; veners or otherwise, or which may be the complaint. Now, therefore, it is ordered, That the necessary corollaries to the relief, if any, Notice is hereby given that answer to hearing in the above entitled matter, be granted on the basis of this petition. the complaint must be filed with the Bi­ and the same is hereby advanced from FEDERAL REGISTER, Thursday, January 15, 1942 293

10 o’clock 'n the forenoon of January 19, hearing room of the Bituminous Coal matter be dismissed, and it appearing 1942, to 10 o’clock in the forenoon of Division, at the Post Office Building, that there is no objection thereto: Now, therefore, it is ordered, That the J a n u a r y 17, 1942, at the place aforesaid, Terre Haute, Indiana, before the officers petition in the above-entitled matter be, a n d before the officer or officers previ­ previously designated to preside at such ously designated to preside. hearing. and it hereby is dismissed. Dated: January 13, 1942. Dated: January 10, 1942. Dated: January 12,1942. \ [seal] D an H. W heeler, [ seal] D an H. W heeler, [seal] D an H. W heeler, Acting Director. Acting Director. Acting Director. [F. R. Doc. 42-364; Filed, January 14, 1942; [F. R. Doc. 42-366; Filed, January 14, 1942; 1 ’ 11:20 a. m.] 11:21 a. m.] [F. R...Doc. 42-368; Filed, January 14, 1942; 11:21 a. m.]

[Docket No. R-50] [Docket No. B-126] In the Matter of E lfgen Coal Co. (B ert I n the M atter of M aterial S ervice Cor­ p. Elfgen), R egistered D istributor, poration, a Corporation, R egistered [Docket No. A-776] R egistration No. 2712, R espondent D istributor, R egistration N o. 6031, P etition of District B oard 11 for R e­ o rder rescheduling h e a r i n g a n d r e d e s ig ­ and Consumers Company of Illinois, vision of the E ffective M inim um n a t i n g TRIAL EXAMINER a Corporation, R egistered D istribu­ P rices E stablished for Coals P ro­ tor, R egistration N o. 1811, R espond­ The above-entitled matter having duced for R ail Shipment by the Ayr­ ents been scheduled for hearing on December shire P atoka Collieries Corporation, 9 1941, at 10 a. m., at a hearing room ORDER POSTPONING HEARING P atoka M in e, Mine I ndex No. 41, by of the Bituminous Coal Division at Room The above-entitled m atter having P roviding for D eductions F rom S aid 516, Federal Building, St. Louis, Missouri, P rices Based U pon D ifferences in by Order of the Director dated October been scheduled, by order dated Novem­ ber 22, 1941, for hearing at 10 a. m. ^ F reight R ates B etween Said Mine 9, 1941; and the matter having come on and O ther M ines in D istrict No. 11, for hearing on December 9, 1941, before January 19, 1942, at a hearing room of the Bituminous Coal Division, at the on Shipments to P aoli, I ndiana, Mar­ Joseph D. Dermody, Trial Examiner, ket Area 32 designated by said Order of October 9, Custom Court House, Room 709, U. S. Custom Building, 610 South Canal Street, 1941, to preside at said hearing, and the ORDER OF DISMISSAL respondent having moved for a post­ Chicago, Illinois; and Examiner W. A. ponement of said hearing; and said Trial Shipman having been designated by or­ The original petitioner having moved Examiner having thereupon granted said der dated December 2, 1941, to preside at that the proceedings in the above-en­ motion and entered an order postponing said hearing vice Examiner Edward J. titled matter be dismissed, and it ap­ the hearing herein to a date to be later Hayes; and pearing that there is no objection designated; and The respondent, Material Service Cor­ thereto: The undersigned deeming it advisable poration, having filed with the Division Now, therefore, it is ordered, That the to redesignate the time and place of said its motion, dated January 6, 1942, re­ petition in the above-entitled matter be, hearing and the Trial Examiner to pre­ questing that the hearing in this matter and it hereby is* dismissed. side at said hearing; be postponed from January 19, 1942, to Dated: January 12, 1942. February 3, 1942; Now, therefore, it is ordered, That the [seal] D an H. W heeler, hearing in the above-entitled matter be And good reason appearing for the Acting Director. and the same is hereby set for February postponement of the hearing in this mat­ 2, 1942, at 10 a. m., at a hearing room ter to January 27, 1942, instead of to [F. R. Doc. 42-369; Filed, January 14, 1942; of the Bituminous Coal Division at the February 3, 1942, as requested by said 11:21 a. m.] Coronado Hotel, St. Louis, Missouri, and respondent; that W. A. Shipman, or any other officer Now, therefore, it is ordered, That the of the Bituminous Coal Division that hearing in the above-entitled matter be may be designated, shall preside at said postponed from 10 a. m. on January 19, hearing vice Joseph D. Dermody. 1942, to 10 a. m. on January 27, 1942, [Docket No. A-762] Dated: January 13, 1942. at a hearing room of the Bituminous Coal Division at Room 705, U. S. Custom P etition of District Board 11 F or R evi­ [seal] D an H. W heeler, sion of the E ffective Minim um P rices Acting Director. Court Building, Chicago, Illinois, before the officers previously designated to pre­ E stablished F or Coals P roduced F or [F. R. Doc. 42-365; Filed, January 14, 1942; side at said hearing. R ail Shipment By Sunlight Coal 11:20 a. m.] Dated: January 13, 1942. Company, Sunlight No. 11 Min e, M ine [ seal] D an H. W heeler, I ndex No. 87 and By T ecumseh Coal Acting Director. Corporation, T ecumseh M in e, Mine [Docket No. 1759-FD] I ndex No. 105, B y P roviding F or D e­ [F. R. Doc. 42-367; Filed, January 14, 1942; ductions F rom Said P rices B ased U pon In the M atter of M orris & Campbell, a 11:21 a. m.] D ifferences in F reight R ates B e­ P artnership, D efendant tw een Said Mines and O ther Mines in ORDER POSTPONING HEARING D istrict No. 11, on Shipments to M ar­ The hearing in the above entitled mat­ [Docket No. A-800] tinsville, I ndiana, M arket Area 32 ter, by Order dated December 24, 1941, P etition of D istrict B oard 11 for R e­ order of dismissal having been reopened and scheduled for vision of the Effective M inim um hearing at 10 o’clock in the forenoon of P rices for Coals P roduced for R ail The original petitioner having moved January 13, 1942, at a hearing room of S hipm ent by R obert R aney (R. & G. that the proceedings in the above-en­ the Bituminous Coal Division at the Post Coal Company) , R. & G. M ine, M ine titled matter be dismissed, and it appear­ Office Building, Terre Haute, Indiana; I ndex N o. 113, by P roviding for D educ­ ing that there is no objection thereto: and tions F rom S aid P rices B ased U pon Now, therefore, it is ordered, That the The Acting Director deeming it advisa­ D ifferences in F reight R ates B etween petition in the above-entitled matter be, ble that said hearing should be post­ S aid M ine and O ther M ines in D is ­ and it hereby is dismissed. poned; trict N o. 11, on S hipm ents to Mar­ Dated: January 12, 1942. Now, therefore, it is ordered, That the tinsville, Indiana, Market Area N o. 32 [seal] D an H. W heeler, hearing in the above entitled matter be Acting Director. postponed from 10 o’clock in the forenoon ORDER OF DISMISSAL of January 13, 1942, until 10 o’clock in The original petitioner having moved [F. R. Doc. 42-370; Filed, January 14, 1942; the forenoon of January 19, 1942, at a that the proceedings in the above-entitled 11:22 a. m.] 294 FEDERAL REGISTER, Thursday, January 15, 1942 [Docket No. 1686-FD] Now, therefore, it is ordered, That the to cease and desist from violations of the Act, the Code, and the effective minimum In the M atter of J. W. B ennett, Code Notice of and Order for Hearing dated M ember, D efendant August 19, 1941, in the above-entitled prices and rides and regulations there­ matter, be, and the same is hereby under; ORDER GRANTING PERMISSION TO WITHDRAW amended and supplemented by inserting An opportunity having been afforded COMPLAINT AND DISCONTINUING MATTER after the last paragraph thereof, the to all parties to file exceptions thereto The Bituminous Coal Producers Board following: “That during April and May, and supporting briefs and no such excep­ for District No. 13, complainant herein, 1941, the defendant sold and delivered tions and supporting briefs having been having by motion filed December 9,1941, for rail shipment to Williams Coal Com­ filed; requested permission to withdraw its pany, Chattanooga, Tennessee, approxi­ The undersigned having considered complaint against the above-named de­ mately 639.5 tons of mine run coal and this matter and having determined that fendant filed with the Division on May 108.8 tons of nut and slack (lVfe" x 0) the Proposed Findings of Fact, Proposed 1, 1941, on the ground that the coal coal produced at its Cumberland Mine, Conclusions of Law, and Recommenda­ described in said complaint was not pro­ Mine Index No. 728, located in Rhea tion of the Examiner should be approved duced at the mine alleged therein but County, Tennessee, in District No. 13, and adopted as the Findings of Fact and was produced at another mine; and at a price of $2.10 per ton delivered Conclusions of Law of the undersigned.1 The Acting Director deeming it advis­ into railroad cars at Dayton, Tennessee, Now, therefore, it is ordered, That the able to grant said motion; whereas minimum prices for rail ship­ Proposed Findings of Fact and Proposed Now therefore it is ordered, That the ment, temporary or final, had not been Conclusions of Law of the Examiner be complainant herein be and it is hereby established by the Division for the coal and they hereby are adopted as the granted permission to withdraw its said produced at said mine, which sales Findings of Fact and Conclusions of Law complaint dated December 5,1941, which therefore constituted violations of the of the undersigned. was filed with the Division on December Order of the Director entered in General It is further ordered, That the defend­ 9, 1941, by said complainant; and Docket No. 19, dated October 9, 1940.” ant, Anton Manzagol, his representatives, It is further ordered, That the matter It is further ordered, That the hearing agents, servants, employees, and attor­ herein, Docket No. 1686-FD, be and the in the above-entitled matter be held at neys, and all persons acting or claiming same is hereby discontinued. 10 a. m. on February 18,1942, in a hear­ to act in his behalf or interest, cease and Dated: January 13, 1942. ing room of the Bituminous Coal Divi­ desist and they are hereby permanently enjoined and restrained from selling or [seal] D an H. W heeler, sion at the Chancery Court Room, Chat­ Acting Director. tanooga, Tennessee. offering to sell coal below the prescribed It is further ordered, That the Notice minimum prices therefor, and from vio­ [F. R. Doc. 42-371; Filed, January 14, 1942; of and Order for Hearing herein dated lating the Bituminous Coal Act, the Code, 11:22 a. m.} August 19,1941, shall in all other respects the Schedule of Effective Minimum remain in full force and effect. Prices for District No. 11 for Truck Dated: January 13,1942. Shipments, the Marketing Rules and Regulations, and all appropriate orders [Docket No. 1795-FD] [ seal] D an H. W heeler, Acting Director. of the Division. In the M atter of T ennessee R iver Coal It is further ordered, That the Di­ Company, Code M ember, D efendant [F. R. Doc. 42-372; Filed, January 14, 1942; vision may upon failure of the defendant 11:22 a. m.] to comply with this Order, forthwith ap­ ORDER AMENDING AND SUPPLEMENTING NO­ ply to the Circuit Court of Appeals of the TICE OF AND ORDER FOR HEARING AND United States within any circuit where RESCHEDULING HEARING [Docket No. 1786—FD] the defendant carries on business for the A complaint dated July 1, 1941, pur­ enforcement thereof or take any other I n the M atter of Anton M anzagol, appropriate action. suant to the provisions of sections 4 n D efendant (j) and 5 (b) of the Bituminous Coal Dated: January 12, 1942. Act of 1937, having been filed on July ORDER APPROVING AND ADOPTING PROPOSED [seal] D an H. W heeler, 5, 1941, by Bituminous Coal Producers FINDINGS OF FACT, PROPOSED CONCLU­ Acting Director. Board for District No. 13, a district board, SIONS OF LAW AND RECOMMENDATION OF [F. R. Doc. 42-373; Filed, January 14, 1942; as complainant, and an amended and THE EXAMINER AND CEASE AND DESIST 11:22 a. m.] supplemental complaint dated November ORDER 12, 1941, alleging wilful violation by the A complaint, pursuant to sections 4 n defendant of the Bituminous Coal Code (j) and 5 (b) of the Bituminous Coal Act [Docket No. 1816-FD] or rules and regulations thereunder, hav­ of 1937, having been filed with the Bitu­ ing been filed with the Division by the I n the M atter of M iller Coal Company minous Coal Division on July 10, 1941, (H. P. M iller, Ow ner) , D efendant complainant herein pursuant to Order by District Board No. 11, alleging that of the Acting Director dated December Anton Manzagol, the defendant, a code ORDER APPROVING AND ADOPTING THE PRO­ 19, 1941; member in District 11, had wilfully vio­ POSED FINDINGS OF FACT, PROPOSED CON­ The above-entitled matter having been lated the provisions of the Bituminous CLUSIONS OF LAW, AND RECOMMENDATIONS scheduled for hearing on September 30, Coal Act, the Code, and the effective OF THE EXAMINER, AND REVOKING AND 1941, at 10 a. m., at a hearing room of minimum prices thereunder and praying CANCELLING CODE MEMBERSHIP the Bituminous Coal Division at t h e that the Division either cancel and re­ A complaint, pursuant to sections 4 n Chancery Court Room, County Court voke the defendant’s code membership or (j) and 5 (b) of the Bituminous Coal Act House, Chattanooga, Tennessee, by Order in its discretion direct the defendant of the Director dated August 19, 1941, to cease and desist from violation of the 1 While the Acting Director agrees with the and, subsequently, having been postponed Code and effective minimum prices Examiner’s Proposed Findings of Fact and by an Order of the Director dated Sep­ thereunder; Proposed Conclusions of Law and concurs in tember 11, 1941, to a date and at a hear­ his recommendation that a cease and desist A hearing having been held before W. order should be entered herein, the Acting ing room to be thereafter designated by A. Shipman, a duly designated Examiner Director does not subscribe to the reasoning an appropriate order; and of the Division, at a hearing room there­ stated in the Proposed Findings of Fact Said Order of the Director dated Au­ of in Crawfordsville, Indiana, on Octo­ which led the Examiner to recommend entry gust 19, 1941, having designated Travis ber 3, 1941; of a cease and desist order rather than one Williams or any other officer or officers The Examiner having made and en­ providing for code membership revocation. of the Bituminous Coal Division to pre­ tered his Report, Proposed Findings of By adopting the Proposed Findings of Fact and Proposed Conclusions of Law of the side at the hearing in such matter; and Fact, Proposed Conclusions of Law, and Examiner and entering a cease and desist It appearing to the Acting Director Recommendation in this matter dated order herein, the Acting Director is neither that the place and date of such hearing October 18,1941, recommending that an approving nor adopting the aforesaid rea­ should now be designated; order be entered directing the defendant soning of the Examiner. FEDERAL REGISTER, Thursday, January 15, 1942 295 of 1937» having been filed with the Bitu­ DEPARTMENT OF AGRICULTURE. (b) whether the administrative assess­ ment should be 2 cents or 3 cents per minous Coal Division on August 4, Surplus Marketing Administration. 1941, by the Bituminous Coal Pro­ hundredweight. ducers Board for District No. 3, the [Docket No. AO 161] It is hereby determined that an emer­ gency exists which requires a shorter complainant, against the Miller Coal N otice of H earing W ith R espect to a Company (H. P. Miller, owner), defend­ period of notice than that specified in P roposed M arketing Agreement and Section 900.4 of the General Regulations ant, a code member in District 3, alleg­ P roposed Order R egulating the H an­ ing* wilful violation by the defendant of of the Surplus Marketing Administration dling of M ilk in the S pringfield, (Title 7, Chapter IX, § 900 of the Code of the Bituminous Coal Code, and rules and M assachusetts, M arketing Area, P re­ regulations thereunder, and requesting Federal Regulations), United States De­ pared and P roposed by the N ew Eng­ partment of Agriculture and that the that the defendant’s code membership be land M ilk P roducer’ Association, cancelled and revoked or that the Divi­ notice herewith given is reasonable under U pon W hich S aid Organization H as the circumstances. sion, in its discretion, direct the defend­ R equested the S ecretary of Agricul­ ant to cease and desist from violations Copies of the proposed marketing ture to H old a H earing U nder the agreement and proposed order may be of the Code and the rules and regulations Agricultural M arketing Agreement thereunder; obtained from the Hearing Clerk, Office A ct of 1937, as Amended A hearing having been held before of the Solicitor, United Staes Depart­ Charles O. Fowler, a duly designated Ex­ Notice is hereby given of a hearing to ment of Agriculture, in Room 9312 South aminer of the Division, in Clarksburg, be held at the auditorium of the Hamp­ Building, Washington, D. C., or may be there inspected. West Virginia; den County Improvement League Build­ The Examiner having made and en­ ing, Eastern States Exposition Grounds, [seal] R obert H. S hields, tered his Report, Proposed Findings of West Springfield, Massachusetts, at 10:00 Assistant to the Fact, Proposed Conclusions of Law, and a. m., e. s. t., January 23, 1942, with Secretary of Agriculture.1 Recommendations in the above proceed­ respect to a proposed marketing agree­ J anuary 13, 1942. ings, dated November 28, 1941, recom­ ment and proposed order regulating the handling of milk in the territory included [P. R. Doc. 42-359; Piled, January 14, 1942; mending that an order be entered re­ 11:17 a. m.] voking and cancelling the code member­ within the boundary lines of the cities ship of the defendant, Miller Coal Com­ and towns of Agawam, Chicopee, East pany (H. P. Miller, owner), and provid­ Longmeadow, Holyoke, Longmeadow, ing that prior to any reinstatement of Ludlow, South Hadley, Springfield, West [Docket No. AO 14-A 9] Springfield, Westfield, and Wilbraham, the defendant to membership in the N otice of H earing W ith R espect to Code, the defendant shall pay to the Massachusetts (which territory is known and hereinafter referred to as the Spring- P roposals T o Amend the T entatively United States a tax in the amount of Approved Marketing Agreement, as $163.16, as provided in section 5 (c) of field, Massachusetts, marketing area). The proposed marketing agreement and Amended, and Order No. 4, as Amended, the Act; proposed order have been prepared and R egulating the H andling of M ilk in An opportunity having been afforded proposed by the New England Milk Pro­ the G reater B oston, Massachusetts, the parties to file exceptions thereto and ducers’ Association. Marketing Area supporting briefs; no such exceptions or This notice is given pursuant to the Notice is hereby given of a hearing to supporting briefs having been filed; Agricultural Marketing Agreement Act be held at the House of Representatives, The undersigned having considered of 1937 (7 U.S.C. 1940 ed. 601 et seq.) and State House, Montpelier, Vermont, at this matter and having determined that to the General Regulations of the Sur­ 10:00 a. m., e. s. t., January 19, 1942, and the Proposed Findings of Fact, Proposed plus Marketing Administration, United at the Gardiner Auditorium, State Conclusions of Law, and Recommenda­ States Department of Agriculture (Title House, Boston, Massachusetts, at 10:00 tions of the Examiner should be approved 7, Chapter IX, Part 900, § 900.4 of the a. m„ e. s. t., January 20, 1942, with re­ and adopted as the Findings of Fact and Code of Federal Regulations). spect to proposed amendments to the Conclusions of Law of the undersigned; At this public hearing, representatives tentatively approved marketing agree­ Now, therefore, it is ordered, That the of the Secretary will receive factual evi­ ment, as amended, and Order No. 4, as Proposed Findings of Fact and Proposed dence (1) as to whether marketing con­ amended, regulating the handling of milk Conclusions of Law of the Examiner be ditions for such handling of milk in the in the Greater Boston, Massachusetts, and they are hereby adopted as the Find­ Springfield, Massachusetts, marketing marketing area. ings of Fact and Conclusions of Law of area as is in the current of interstate This notice is given pursuant to the the Acting Director; commerce or which directly burdens, Agricultural Marketing Agreement Act, It is further ordered, That pursuant to obstructs or affects interstate commerce as amended (7 U.S.C. 1940 ed. 601 et section 5 (b) of the Act, the code mem­ are so disorderly as to necessitate regula­ seq.), and in accordance with the Gen­ bership of the defendant, Miller Coal tion of the handling of such milk in order eral Regulations of the Surplus Market­ Company (H. P. Miller, owner), be and that the declared policy of the act may be ing Administration, United States De­ the same hereby is revoked and cancelled, effectuated, and (2) as to the specific pro­ partment of Agriculture (7 CFR 900.4). effective fifteen (15) days from the date visions which a marketing agreement or This public hearing is for the purpose of this Order; order should contain. of receiving evidence with respect to the It is further ordered, That, prior to The proposed marketing agreement amendments which are hereinafter set any reinstatement of the defendant, and proposed order provide, among other forth in detail. These amendments have Miller Coal, Company, (H. P. Miller, things, for: (a) selection of a market ad­ not received the approval of the Secre­ owner), to membership in the Code, the ministrator, (b) classification of milk, (c) tary of Agriculture, and, at the hearing, defendant shall pay to the United States minimum prices, (d) reports of handlers, evidence will be received relative to all a tax in the amount of $163.16, as pro­ (e) payments to producers through the aspects of the marketing conditions vided in Section 5 (c) of the Bituminous use of an individual-handler pool, (f ) de­ which are dealt with by the provisions Coal Act of 1937. ductions for marketing services, and (g) to which such amendments relate. The Dated: January 12, 1942. expenses of administration. amendments which have been proposed [seal] D an H. W heeler, Evidence will also be received as to are as follows: Acting Director. (a) the feasibility of a provision in the t proposed marketing agreement and pro­ 1 Acting Pursuant to Authority Delegated [P. R. Doc. 42-374; Piled, January 14, 1942; posed order substituting a market-wide by the Secretary of Agriculture under the Act 11:23 a. m.] pool for the individual-handler pool, and of April 4, 1940 (54 Stat. 81; 6 F.R. 5192) 296 FEDERAL REGISTER, Thursday, January 15, 1942 1. Classification, (a) Revise § 904.8 hundredweight for milk delivered at from the Hearing Clerk, Office of the (b) (2) to result in the classification, as plants located between 40 and 200 miles Solicitor, United States Department of Class I, milk disposed of in the form of from the State House in Boston. Agriculture, Room 0312, South Building, buttermilk and cultured skim milk. (c) Revise the Class n formula to pro­ Washington, D. CL (b) Eliminate the present provision of vide for the use of prices far casein and [ s e a l ] R o b e r t H . S h i e l d s , charging the Class I price for shrinkage skim milk powder that are quoted by the Assistant to the (§ 904.3 (b) (2)). United States Department of Agricul­ Secretary of Agriculture.* ture or the present quotations for casein (c) Provide for shrinkage allowances J a n u a r y 14, 1942. to be made applicable at every plant taken from the Oil, Paint, and Drug Re­ based on the general experience records porter, and the casein prices reported by [F. R. Doc. 42-360; Filed, January 14, 1942} in the possession of the administrator, the Producers’ Price Current, whichever 11:17 a. m.] and applying generally to all Class I is higher. sales by all handlers, and that there be 7. Handlers with less than 10 percent no allocation of shrinkage from one of their milk as Class I in the marketing DEPARTMENT OF LABOR. classification to another. area (§§ 904.6 (d) and 904.8 (g)). Re­ 2. Class I price, (a) Delete § 904.4 (a) vise the percentage in this provision Wage and Hour Division. (1) and substitute therefor the follow­ from 10 to 25 or 30, or provide a fluctua­ ing: “For milk delivered from producers’ tion of the percentage between the sea­ N o t ic e o f I s s u a n c e o f S p e c ia l C e r t i f i - farms to such handler’s plant located sons of high and low production. CATESJFOR THE EMPLOYMENT OF LEARNERS not more than 40 miles from the State 8. New producers. Delete § 904.8 (b) U n d e r t h e F a ir L a b o r S t a n d a r d s A c t o f 1938 House in Boston, the price per hundred­ (2). weight shall be $3.63 during the delivery 9. Butterfat differential (I 904.8 id) ). Notice is hereby given that Special periods of April, May, and June, and $4.10 Change the method of calculating the Certificates authorizing the employment during other delivery periods of the year.” butterfat differential by providing that of learners at hourly wages lower than (b) Delete § 904.4 (a) (1) and substi­ the price be based upon the price of- the minimum rate applicable under sec­ tute therefor the following: “For milk de­ 92-score butter as reported by the De­ tion 6 of the Act are issued under sec­ livered from producers’ farms to such partment for the period involved plus 4 tion 14 thereof and §522.5 (b) of the handler’s plant located not more than cents, divided by 10. Regulations issued thereunder (August 40 miles from the State House in Boston, 10. Allowance for use of cans. Under 16, 1940, 5 F.R. 2862) to the employers the price per hundredweight shall be § 904.8 (f ), allow handlers to deduct from listed below effective January 15, 1942. $3.63 during delivery periods prior to payments to producers 2 cents per hun­ v The employment of learners under October 1, 1942, and thereafter $3.93 per dredweight for the use of cans. these Certificates is limited to the terms hundredweight.” 11. Payments to cooperative associa­ and conditions as designated opposite the 3. Class I freight allowance, (a) Amend tions (section 9 and related parts of sec­ employer’s name. These Certificates § 903.4 (a) (1) to permit a freight allow­ tion 7). (a) Delete section 9. . are issued upon the employers’ repre­ ance equivalent to the rail tariffs actually (b) Amend the provisions relating to sentations that experienced workers for applicable to a handler’s business. payments to cooperatives as follows: the learner occupations are not avail­ (b) In § 904.4 (a) (3), delete,“* * * able for employment and that they are then, that milk that was shipped from (1) In § 904.7 (b) (6), change the ref­ actually in need of learners at submini­ the nearest plant located more than 40 erence from “payments” to “payments mum rates in order to prevent curtail­ miles * * *,” and substitute therefore: and reserves.” ment of opportunities for employment. “* * * then, that milk that was re­ (2) Qualify § 904.9 (a) <1) to prevent The Certificates may be cancelled in the ceived from producers at the nearest the possibility of this provision being manner provided for in the Regulations plant located more than 40 miles * * ** construed to mean that payments at the and as indicated on the Certificate. Any 4. Allowances for country receiving rate of 1.5 cents per hundredweight are person aggrieved by the issuance of these plant costs, (a) Amend § 904.4 (a) (2) not available to operating cooperatives. Certificates may seek a review or recon­ to provide the following creamery station (3) Revise § 904.9 (a) (2) with respect sideration thereof. allowances. to the language “under the exclusive con­ n a m e a n d a d d r e s s o f f i r m , p r o d u c t , n u m ­ Stations handling Allowance (cents trol of member producers” to indicate that the term “member” shall mean an b e r OF LEARNERS, LEARNING PERIOD^ (pounds of m ilk per hundred- LEARNER WAGE, LEARNER OCCUPATIONS, per m o n th ) w eight) individual producer or a group of pro­ EXPIRATION DATE Less than 450,000------34 ducers who are organized as a coopera­ 450.001- 650,000 ______26 tive which is a member unit of a larger Aldine Manufacturing Company, Phil­ 650.001- 1,250,000______20 cooperative. adelphia, Pennsylvania; Silk and Rayon Over 1,250,000______16 (4) Provide that the cooperative as­ Lamp Shades; 5 learners; 240 hours fof (b) Adjust the plant allowance to 23 sociation receiving payments at the rate any one learner; 35 cents per hour; cents per hundredweight for both Class I of 5 cents per hundredweight shall be Hand Sewing; April 15, 1942. and Class II milk. the handler who accounts to the market Signed at Washington, D. C., this 14th 5. Class I price outside the marketing administrator under § 904.8 (b) (3). day of January 1942. area, (a) Revise § 904.4 (c) <1) to read: (5) Revise § 904.9 (a) (2) to indicate M e r l e D. V i n c e n t , “Prices to be paid producers in the man­ that milk which is not eligible for the payment because of being sold to a Authorized Representative, ner set forth in § 904.8, by each handler of the Administrator. for milk utilized as Class I milk, outside handler which is partly or completely the marketing area, shall be the Class I owned by the cooperative shall include [F. R. Doc. 42-387; Filed, January 14, 1942} price set forth in this section: Provided, handlers which are wholly or partly 11:49 a. m.] however, That if the market administra­ owned by member units of the coopera­ tor ascertains that the prevailing price tive. for milk of equivalent use being paid by (6) In § 904.9 (e), change the language N o t ic e o f I s s u a n c e o f S p e c ia l C e r t i f i ­ dealers in the area in which the milk is “receiving payment pursuant to this sec­ c a t e s f o r t h e E m p l o y m e n t o f L e a r n ­ sold is lower, then the price ascertained tion” to “qualified to receive payment e r s U n d e r t h e F a ir L a b o r S t a n d a r d s to be the prevailing price shall be paid. pursuant to this section.” A c t o f 1938 (b) Consider sales outside the market­ 12. Assessment for cost of administra­ ing area at the Boston Class I price. Notice is hereby given that Special tion. Increase the maximum rate of Certificates authorizing the employment 6. Class II price, (a) Revise the Class assessment from 2 to 2.5 cents per hun­ of learners at hourly wages lower than II price formula, § 904.4, to increase the dredweight. the minimum wage rate applicable under price 14 cents per hundredweight for milk Additional copies of this notice of hear­ section 6 of the Act are issued under sec- delivered at plants located not more than ing and copies of Order No. 4, as 40 miles from the State House in Boston. amended, now in effect, may be procured 1 Acting Pursuant to Authority Delegated (b) Revise the Class II formula to pro­ from the market administrator, 80 Fed­ by the Secretary of Agriculture under the Act vide for the increase of 5.5 cents per eral Street, Boston, Massachusetts, or of April 4, 1940 (54 Stat. 81; 6 F.R. 5192). FEDERAL REGISTER, Thursday, January 15, 1942 297 tion 14 thereof, Part 522 of the Regula­ Pauline Gordon, Inc., 112 Madison Telephone tions issued thereunder (August 16,1940, Avenue, New York, New York; Brassi­ The United Telephone Company, 5 F.R. 2862) and the Determination and eres and Corsets; 10 percent (T); April Washington Street, St. Marys, West Vir­ Order or Regulation listed below and 30, 1942. ginia; to employ learners as commercial published in the F ederal R egister as Mftchell Brothers, Inc., 1730 State switchboard operators at its St. Marys here stated. Street, Bridgeport, Connecticut; Ladies’ Exchange, St. Marys, West Virginia, Nightgowns and Pajamas; 10 percent until January 15, 1943. Apparel Learner Regulations, Septem­ (T); January 15, 1943. ber 7,1940 (5 F.R. 3591). M. Nirenberg Sons, Inc., Fair Haven, Knitted Wear Men’s Single Pants, Shirts and Allied Vermont; Shirts; 10 learners (T); Jan­ Bristol Knitting Mills, Inc., Pierce G a r m e n ts and Women’s Apparel Indus­ uary 15, 1943. tries, September 23,1941 (6 F.R. 4839). The Reliance Manufacturing Com­ Street, Bristol, Virginia; Knitted Under­ Artificial Flowers and Feathers Learn­ pany, 1102 Twelfth Street, Bedford, In­ wear; 5 percent (T); January 15, 1943. er Regulations, October 24, 1940 (5 F.R. Winsted Hosiery Company, Holabird diana; Work Shirts, Work Pants; 10 Avenue, Winsted, Connecticut; Knitted 4203). percent (T); January 15,1943. Glove Findings and Determination of Rita Apparel, 114 S. Spruce Street, Lit- Underwear; 5 percent (T) ; January 15, February 20, 1940, as amended by Ad­ itz, Pennsylvania; Blouses and Dresses; 1943. ministrative Order of September 20,1940 40 learners (T); July 15, 1942. Textile (5F.R. 3748). Rivoli Shirt Company, 395 James Bristol Knitting Mills, Incorporated, Hosiery Learner Regulations, Septem­ Street, Bridgeport, Connecticut; Men’s ber 4 1940 (5 F.R. 3530) • Pierce Street, Bristol, Virginia; Cotton; Independent Telephone Learner Regu­ Dress and Sport Shirts; 10 learners (T); 2 learners (T) ; January 15, 1943. lations, September 27, 1940 (5 F.R. 3829). January 15, 1943. J and C Cottons, Ellijay, Georgia; Tuft­ Knitted Wear Learner Regulations, F. Silverman and Sons, Inc., 85 Cogge- ing Yarn; 6 percent (T) ; January 15, October 10, 1940 (5 F.R. 3982). shall Street, New Bedford, Massachu­ 1943. (This certificate replaces one is­ Millinery Learner Regulations, Custom setts; Children’s Dresses, Children’s Sun- sued bearing expiration date of April Made and Popular Priced, August 29,1940 suits; 10 percent (T); January 15,1943. 7, 1942.) (5 F.R. 3392, 3393). Southeastern Shirt Corporation, La- Prime Needle Art Company, 220 W. Textile Learner Regulations, May 16, Follette, Tennessee; Dress Shirts; 10 per­ Huron Street, Chicago, Illinois; Sheets 1941 (6 F.R. 2446). cent (TJ; January 15, 1943. (This cer­ and Pillow Cases, Table Cloths, Towels, Woolen Learner Regulations, October tificate replaces the one issued bearing etc., 1 learner (T) ; July 15, 1942. 30, 1940 (5 F.R. 4302). expiration date of October 27, 1942.) Sellers Manufacturing Company, Saxa- pahaw, North Carolina; Cotton Yam; 3 Notice of Amended Order for the Em­ Artificial Flotoers and Feathers ployment of Learners in the Cigar Manu­ percent (T) ; January 15, 1943. (This facturing Industry, July 29, 1941 ( 6 F.R. California Artificial Flower Company, certificate replaces one issued bearing 3753). Providence, Rhode Island; Decorative expiration date of January 27, 1942.) Flowers; 110 learners (E); February 26, The employment of learners under Signed this 14th day of January 1942, 1942. at Washington, D. C. these Certificates is limited to the terms Gloves and conditions as to the occupations, M erle D. Vincent, learning periods, minimum wage rates, Eagle Glove and Garment Company, Authorized Representative et cetera, specified in the Determination 215 N. Franklin Street, Muncie, Indiana; of the Administrator. and Order or Regulation for the industry Work Gloves; 5 learners (T); January [F. R. Doc. 42-386; Filed, January 14, 1942; designated above and indicated opposite 15, 1943. 11:49 a. m.] the employer’s name. These Certificates Eagle Glove and Garment Company, become effective January 15, 1942. The Conner Street, Noblesville.^diana; Work Certificates may be cancelled in the man­ Gloves; 5 learners (T); January 15, 1943. Administrative Order No. 138 ner provided in the Regulations and as Hosiery indicated in the Certificates. Any per­ APPOINTMENT OF INDUSTRY COMMITTEE NO. son aggrieved by the issuance of any of Acme Hosiery Dye Works, Inc., Pu­ 4 1 FOR THE LUGGAGE, LEATHER GOODS, AND these Certificates may seek a review or laski, Virginia; Full Fashioned Hosiery; WOMEN’S HANDBAG INDUSTRY reconsideration thereof. 10 percent (T); January 15, 1943. 1. By virtue of and pursuant to the NAME AND ADDRESS OF FIRM, INDUSTRY, Carroll Silk Hosiery Mills, Inc., Hills- authority vested in me by the Fair Labor PRODUCT, NUMBER OF LEARNERS AND EX­ ville, Virginia; Full Fashioned Hosiery; Standards Act of 1938, I, Thomas W. PIRATION DATE 10 percent (T); January 15, 1943. Holland, Administrator of the Wage and Homestead Manufacturing Company, Apparel Hour Division, U. S. Department of La­ Inc., Bankhead Farms, Jasper, Alabama; bor, do hereby appoint and convene for William Bradford Company,, 8th and Full Fashioned Hosiery; 10 learners (T); the luggage, leather goods, and women’s Harrison Street, Davenport, Iowa; Men’s January 15, 1943. handbag ihdustry (as such industry is de­ Clothing; 5 percent (T ); January 15, J. H. Kissinger Knitting Company, fined in paragraph 2) an industry com­ 1943. Inc., Market Street, Millersburg, Penn­ mittee composed of the following repre­ National Academic Cap and Gown sylvania; Seamless Hosiery; 10 learners sentatives: Company, 821-23 Arch Street, Philadel­ (T); January 15, 1943. (This certificate replaces one issued bearing expiration For the Public: Joseph A. McClain, Jr., phia, Pennsylvania; Caps and Gowns for Chairman, St. Louis, Missouri; George Graduation, Choir Gowns; 3 learners date of November 20, 1942.) Thomas Brown, Washington, D. C.; Tip- (T); January 15,1943. McLaurin Hosiery Mills, 150 M. Park Street, Asheboro, North Carolina; Seam­ ton R. Snavely, Charlottesville, Virginia; Single Pants, Shirts, and Allied Gar­ Malcolm Sharp, Chicago, Illinois; Leland less Hosiery; 10 percent (T) I January M. Goodrich, Providence, Rhode Island; ments and Women’s Apparel Industries 15, 1943. Orange Knitting Mills, Inc., Orange, Harold Egbert van Delden, New York, The Barbizon Corporation, 468 Totowa New York. Avenue, Paterson, New Jersey; Lingerie; Virginia; Full Fashioned Hosiery; 15 For the Employees: Samuel Laderman, 10 percent (T); January 15,1943. learners (E); September 15, 1942. Chicago, Illinois; Philip Lubliner, New Jack Goldson Company, 1212 Stanford Virginia Maid Hosiery Mills, Inc., Pu­ York, New York; Louis Rooney, Chicago, Avenue, Los Angeles, California; Slack laski, Virginia; Full Fashioned Hosiery; Illinois: Charles Mutter, Jersey City, New Suits, Play Suits, Housecoats, Dresses; 10 10 percent (T); January 15, 1943. Jersey; Jack Weiselberg, Brooklyn, New percent (T); Janizary 15, 1943. (This York; A. M. Reuter, St. Louis, Missouri. certificate replaces one issued to Jack Wallner Silk Hosiery Mills, Inc.^ Pu­ laski, Virginia; Full Fashioned Hosiery; For the Employers: George S. Bernard, Goldson, Inc., bearing expiration date of Petersburg, Virginia; Stanley Klein, Cin- March 6, 1942.) 10 percent (T); January 15, 1943. 298 FEDERAL REGISTER, Thursday, January 15, 1942

cinnati, Ohio; Robert H. Rolfs, West FEDERAL COMMUNICATIONS COM­ from Station KTHS which, would lose Bend, Wisconsin r Milton W. Daub, New MISSION, such service should Station KTHS oper­ York, New York; George Meyers, Nor­ ate as proposed In the application for walk, Connecticut; Leopold J. Sneider, [Docket lios. 6233, 6234] construction permit, and what other New York, New York. I n R e Application of H ot S prings Cham­ broadcast service is available to these Such representatives having been ap­ ber of Commerce (KTHS), (A ssignor) areas and populations. pointed with due regard to the geograph­ and S outhland R adio Corf., (A s ­ 9. To determine the extent of'the in­ ical regions in which such industry is signee), and In R e Application of terference which would, result from si­ S outhland R adio Corp. (K T H S) multaneous operation of the main trans­ carried on. mitter and the synchronous amplifier 2. For the purpose of this order the NOTICE OF HEARING as proposed in the application for con­ term “luggage, leather goods, and wom­ Application [Hot Springs Chamber of struction permit, en’s handbag industry” means: (a,) The 10. To determine whether the. simul­ manufacture from any material of lug­ Commerce (KTHS), (Assignor) and Southland Radio Corp., assignee] dated taneous operation of the main transmit­ gage including, but not by way of limi­ ter and the synchronous amplifier, as tation, trunks, suitcases, traveling bags, May 26, 1941, for assignment of license; class of service, broadcast; class of sta­ proposed in the application for construc­ brief cases, sample cases; the manufac­ tion permit, would deprive any areas and ture of instrument cases covered with tion, broadcast; location-, Hot Springs NatL Park, Arkansas; operating assign­ populations of secondary service from leather, imitation leather, or fabric in­ Station WBAL, and if so, what other cluding, but not by way of limitation, ment: Frequency, 1,090 kc.; power, 5 kw. night, 10 kw. day;, hours of operation, broadcast service is available to those portable radio, cases; the manufacture areas and populations, of small leather goods and like articles shares equally with KRLD; Application [Southland Radio Corpo­ 11. To determine whether the granting from any material except metal; the of the application for construction per­ manufacture of women’s, misses’, and ration (KTHS) 1 dated, May 27,1941; for, construction permit; elass of service, mit would tend toward a fair, efficient children’s handbags, pocketbooks, purses, and equitable distribution of radiobroad­ and mesh bags from any material except broadcast; class >ef station, broadcast; location, Hot Springs Natl, Park, Arkan­ cast sevice as contemplated by section metal; but not the manufacture of bod­ 307 (b) of the Communications Act of ies, panels, and frames from metal, wood, sas; operating assignment specified: Fre­ quency, 1,090 kc.; power, 50- kw, 1934, as amended, fibre, or paper board for any of the above 12. To determine whether the granting articles. (UA-Might>; hours of operation, unlim­ ited. of both applications would serve public (b) The manufacture from leather, interest, convenience and necessity. imitation leather, or fabric of cut stock You are hereby notified that the Com­ and parts for any of the articles covered mission has examined the above de­ The applications involved herein will in section fa) . scribed applications and has designated not be granted by the Commission unless 3. The definition of the luggage, the matter for a consolidated hearing for the issues listed above are determined in leather goods, and women’s handbag in­ the following reasons; favor of the applicants on the basis of dustry covers all occupations in the in­ 1. To determine whether station oper­ a record duly and properly made by dustry which are necessary to the ation pursuant to the provisions of the means of a formal: hearing. production of the articles within the defi­ proposed contract between the assignor The applicants are hereby given the nition, Including clerical, maintenance, and the assignee,, particularly sections 7 opportunity to obtain a hearing on such shipping and selling occupations: Pro­ and 8 thereof, would be in the public issues by filing a written appearance in vided, however, That this definition does interest. accordance with the provisions of § 1.382 not include employees of an independent 2. To determine the reasons and pur­ (b) of the Commission’s Rules of Prac­ wholesaler or employees of a manufac­ poses for the proposed assignment and tice and Procedure. Persons other than turer who are engaged exclusively in the characteiJte the changes, if any, con­ the applicants who desire to be heard marketing and distributing products of templated by the assignee as to the serv­ must file a petition to intervene in ac­ the industry which have been purchased ice of the station or otherwise. cordance with the provisions of § 1.102 for resale; And provided further, That 3. To determine the relationships ex­ of the Commission’s Rules of Practice where an employee covered by this defi­ isting between the proposed assignee, its and Procedure. nition is employed during the same work­ officers, directors and stockholders and The applicants’ addresses are as fol­ week at two or more different minimum the licensees of "Stations KARK and lows: rates of pay, he shall be paid the highest KELD. Hot Springs Chamber of Commerce, of such rates for such workweek unless 4. To determine tile areas and popula­ Radio Station KTHS, 135 Benton St., Hot records concerning his employment are tions now receiving primary service, from Springs National Park, Arie, kept by his employer in accordance with Stations KARK and KELD which would Southland Radio Corporation, Att: applicable regulations of the Wage and receive primary service from Station T. H, Barton, Exchange Bldg., El Dorado, Hour Division. KTHS, operating as proposed in. the ap­ Arkansas, 4. The industry committee herein cre­ plication for construction permit, ated shall meet at 10 :00 A. M. on Febru­ 5. To determine whether the operation Dated: January 12, 1942. ary 3, 1942, in Room 3229, U. S. Depart­ of this station by the proposed assignee By the Commission. ment of Labor Building, Washington, would be in the public interest, particu­ [sealI T , J. S lowie, D. C., and, in accordance with the pro­ larly in view of the relationships between Secretary» visions of the Fair Labor Standards Act said assignee and the licensees of Sta­ of 1938 and rules and regulations pro­ [F. R. Doc; 42-346; Filed, January 13? 1942;: tions KARK and KELD. 2i 10 p. m.] mulgated thereunder, shall proceed to 6. To determine whether the operation investigate conditions in the industry and of Station KTHS as proposed in the ap­ recommend to the Administrator mini- plication for construction permit, would imum wage rates for all employees be consistent with the Standards of Good SECURITIES AND EXCHANGE COM­ thereof who within the meaning of said Engineering Practice, particularly as to Act are “engaged in commerce or in the the population residing within the pre­ MISSION. production of goods for commerce,” ex­ dicted 250 mv/m (“blanket area”) con­ [File No; 31-5161 cepting employees exempted by virtue tour. of the provisions of section 13 (a) and I n the. M atter, of the Application of 7. To determine the areas and popula­ Compania Electrica. D e ' M atamoros employees coming under the provisions tions which may be expected, to gain pri­ S. A. and Compania E lectrica DE Oj i- of section 14. mary service from Station KTHS operat­ naga S, A. Signed at Washington, D. C., this 10th ing as proposed in the application for . day of January 1942. construction, permit and what other NOTICE OF AND ORDER FOR HEARING T homas W . H olland, broadcast service is available to these At a regular session of the Securities Administrator. areas and populations. and Exchange Commission held at its [F. R. Doc. 42-385; Filed, January 14, 1942} 8. To determine the areas and popu­ office in the City of Washington, D. C., 11:49 a. m.] lations now receiving primary service on the 13th day of January, A. D. 1942. FEDERAL REGISTER, Thursday, January 15, 1942 299

An application having been duly filed All interested persons are referred to On October 17, 1941, the Commission with this Commission by Compania Elec- said declaration or application, which is instituted this proceeding, pursuant to on file in the office of said Commission section 19 (a) (2) of the Securities Ex­ trica de Matamoros S. A. and Compania change Act of 1934, to determine whether Electrica de Ojinaga S. A. for exemption for a . statement of the transactions as subsidiary companies, as such, of Cen­ therein proposed, which are summarized it is necessary or appropriate for the tral Power and Light Company pursuant below: protection of investors to suspend for a Southern Natural Gas Company, a sub­ period not exceeding 12 months, or to to section 3 (b) of the Public Utility withdraw, the registration and listing of Holding Company Act of 1935; sidiary of Federal Water and Gas Cor­ poration, a registered holding company, registrant’s common capital stock. The It is ordered, That a hearing on such order instituting the proceeding set matter under the applicable provisions proposes to issue and sell to The North­ western Mutual Life Insurance Co. $970,- forth the issues to be determined at the of said Act and the rules of the Commis­ hearing as follows: sion thereunder be held on January 30, 000 principal amount of First Mortgage 1942, at 10 o’clock in the forenoon of Pipe Line Sinking Fund Bonds, 3 XA% 1. Whether the registrant has failed that day, at the Securities and Exchange Series, Due 1956, such sale to be for a to comply with section 13 (a) of the Act Building, 1778 Pennsylvania Avenue, cash consideration equivalent to 102.78% and the Commission’s rules thereunder NW., Washington, D. C. On such day of t h e principal amount thereof, plus in failing to file its annual report for the the hearing-room clerk in room 1102 will accrued interest from October 1,1941. fiscal year ended December 31,1940; and advise as to the room where such hear­ The declarant, Southern Natural Gas 2. If so, whether it is necessary or ap­ ing will be held. ■ Company, proposes to sell said bonds in propriate for the protection of investors It is further ordered, That Edward C. order to reimburse its treasury for the to suspend, or to withdraw, the registra­ Johnson or any other officer or officers cost of property additions comprised in tion of its common capital stock. of the Commission designated by it for its 1941 construction program, thereby securing funds for its general corporate After appropriate notice to the regis­ that purpose shall preside at the hearings trant, the Standard Stock Exchange of in such matter. The officer so designated purposes, including further property ad­ ditions to be made during 1942. Of the Spokane, and the public, a hearing was to preside at any such hearing is hereby held before a trial examiner in Seattle, authorized to exercise all powers granted proceeds of the sale of said bonds an amount ($970,000) equal to the principal Washington. Both the registrant and to the Commission under section 18 (c) the Exchange acknowledged receipt of of said Act and to a trial examiner under amount thereof will be deposited with the trustee under the indenture of said ap­ notice of the proceeding, but neither de­ the Coinmission’s Rules of Practice. sired to be represented at the hearing. Notice of such hearing is hereby given plicant dated as of April 1, 1941, there­ after to be withdrawn by the company The trial examiner filed an advisory re­ to such applicant and to any other per­ port in which he found that, in contra­ son whose participation in such proceed­ for its corporate purposes, pursuant to the terms and conditions in said inden­ vention of section 13 (a) of the Act and ing may be in the public interest or for the Commission’s rules thereunder, the the protection of investors or consumers. ture set forth. The remaining portion of said purchase price will be paid forth­ registrant failed to file its annual report It is requested that any person desiring for the fiscal year ended December 31, to be heard or to be admitted as a party with to said company for said purposes, 1940. No exceptions to the trial exam­ to such proceeding shall file a notice to except such portion thereof as may be necessarily expended in expenses incident iner’s report have been filed, and no ob­ that effect with the Commission on or jection to the withdrawal of listing and before January 26, 1942. to said transaction. It is stated that no registration has been made either by the By the Commission. fees, commissions, or other remuneration will be paid in connection with said sale registrant or the Standard Stock Ex­ [seal] F rancis P. B rassor, change of Spokane. Secretary. other than legal fees and other miscel­ laneous expenses incident to said issue Under Rule X-13A-1, the registrant [F. R. Doc. 42-376; Filed, January 14, 1942; which declarant estimates will aggregate is required to file its annual reports not 11:42 a. m.] more than 120 days after the close of its approximately $6,127. fiscal year. The registrant’s fiscal year By the Commission. ends on December 31 and the annual re- • [ seal] F rancis P. B rassor, port for the fiscal year ended December [File No. 70-481] Secretary. 31,1940, was therefore due to be filed not In the Matter of Southern N atural G as [F. R. Doc. 42-377; Filed, January 14, 1942; later than April 30, 1941. At the regis­ Company 11:41 a. m.] trant’s request, it was granted extensions NOTICE REGARDING FILING of time within which to file its report. However, the extensions of time requested At a regular session of the Securities [File No. 1-1689] have expired, and the report has not yet and Exchange Commission, held at its been filed. office in the City of Washington, D. C., I n the M atter of P roceeding to D eter­ On April 17,1940, the registrants’ prop­ on the 14th day of January, A. D. 1942. mine W hether the R egistration of erties were transferred to a receiver ap­ Notice is hereby given that a declara­ M ontana Consolidated M ines CorpQs pointed in the course of a mortgage fore­ tion or application (or both), has been ration Common Capital S tock, - 10$ closure proceeding. It appears that all of filed with this Commission pursuant to P ar Value, N on- assessable, S hould be these properties have now been taken over the Public Utility Holding Company Act S uspended or W ithdrawn by the mortgagee and that the period for of 1935 by the above named party or FINDINGS AND ORDER OF THE COMMISSION redemption has expired. In a letter to parties; and the Commission dated August 25, 1941, Notice is further given that any inter­ At a regular session of the Securities and Exchange Commission, held at its the registrant stated that there are no ested person may, not later than Jan­ funds in its treasury and that “it will be uary 30, 1942, at 4:45 P. M., E. S. T., office in the City of Washington, D. C* on the 14th day of January, A. D. 1942. impossible to file the annual report.” request the Commission in writing that Since May 1940 there has been no trad­ a hearing be held on such matter, stating Appearances. Donald J. Stocking, of the Seattle Regional Office, for the Reg­ ing in the registrant’s stock on the Stand­ the reasons for such request and the ard Stock Exchange of Spokane. nature of his interest, or may request istration Division. that he be notified if the Commission Montana Consolidated Mines Corpora­ We find that the registrant has failed should order a hearing thereon. At any tion, a corporation organized under the to comply with section 13 (a) of the Act time thereafter such declaration or ap­ laws of the State of Montana, has its and the Commission’s rules thereunder in plication, as filed or amended, may be­ common capital stock, 10$ par value, failing to file its annual report for the come effective or may be granted, as non-assessable, listed and registered on fiscal year ended December 31, 1940, and provided in Rule U-23 of the Rules and the Standard Stock Exchange of Spo­ that it is necessary and appropriate for Regulations promulgated pursuant to kane, a national securities exchanges the protection of investors that the listing said Act. Any such request should be These securities were effectively regis­ and registration of its common capital addressed: Secretary, Securities and Ex­ tered under the Securities Exchange Act stock be withdrawn. Cf. May flower-Old change Coipmission, Washington, D. C. of 1934 on October 1, 1935. Colony Copper Company, 10 S. E. C.— No. 10------4 300 FEDERAL REGISTER, Thursday, January IS, 1942

(1941), Securities Exchange Act Release way of partial payments thereon until of said hearing to the above-named de­ No. 3075. the principal amount and accrued in­ clarants and applicants and to all inter­ Accordingly, it is ordered, That the terest (but no premium) shall have been ested persons, said notice to be given to listing and registration of the common paid. The plan contemplates that as said declarants and applicants by regis­ capital stock, 10^ par value, non-assess- and when the amounts of such partial tered mail and to all other persons by able, of Montana Consolidated Mines Cor­ payments shall be made available, in­ publication in the F ederal R egister. poration on the Standard Stock Exchange terest shall proportionately cease to It is further ordered, That James G. of Spokane, a national securities ex­ accrue. Under certain circumstances Ewell or any other officer or officers of change, be withdrawn as of January 26, funds may be utilized for the retirement the Commission designated by it for that 1942. of bonds pursuant to tenders at their purpose shall preside at the hearings in By the Commission (Chairman Eicher, unpaid principal amount and accrued such matter. The officer so designated Commissioners Healy, Pike, Purcell, and interest instead of being distributed to preside at any such hearing is hereby Burke). ratably by way of part payment. authorized to exercise all powers granted [seal! F rancis A. B rassor, Applicants expect that the proceeds of to the Commission under section 18 (c) Secretary. such sales will be more than sufficient to of said Act and to a trial examiner under - pay the principal of and accrued interest the Commission’s Rules of Practice. [F. R. Doc. 42-378; Filed, January 14, 1942; on the above mentioned First Mortgage It is further ordered, That without 11:41 a. m.] and First Lien Gold Bonds, 5^% Series, limiting the scope of issues presented by due 1953. Any balance of such pro­ said declaration or application (or both) ceeds remaining and any additional as­ otherwise to be considered in this pro­ [File No. 54—42] sets of Central States Power & Light ceeding, particular attention will be di­ Corporation are to be paid to the holders rected at the hearing to the following In the M atter of Central S tates P ower of securities of that corporation junior matters and questions: & Light Corporation, Central S tates to said bonds, in accordance with their 1. Whether it is appropriate that U tilities Corporation, and O gden rights as the Same shall be determined Corporation amounts be made available as pro­ by this Commission, or if an appeal be posed by way of partial payments upon NOTICE OF AND ORDER FOR HEARING taken, in accordance with such deter­ the above mentioned bonds of Central mination as finally affirmed or modified. At a regular session of the Securities States Power & Light Corporation and Following completion of sales of assets that interest proportionately cease to ac­ and Exchange Commission, held at its of Central States Power & Light Corpora­ office in the City of Washington, D. C., on crue as and when such amounts are so tion that corporation and Central States made available. the 13th day of January, A. D., 1942. Utilities Corporation are to be dissolved. Notice is hereby given that a declara­ 2. Whether it is appropriate that said tion or application (or both) pursuant to It appearing to the Commission that bonds and the indenture securing the it is appropriate in the public interest same be discharged as proposed without the Public Utility Holding Company Act and the interest of investors and con­ of 1935, including a plan dated as of payment of premium. sumers that a hearing be held with re­ 3. Whether the provisions of the plan December 1, 1941 for liquidation of Cen­ spect to said matters, that said declara­ tral States Power & light Corporation with respect to solicitations of tenders of tion shall not become effective nor said said bonds are appropriate. and Central States Utilities Corporation, application be granted except pursuant under section 11 (e) of said Act has been 4. To whom and in what proportions to further order of this Commission; should any assets of Central States Power filed with this Commission by said cor­ It is ordered, That a hearing on such porations and their parent company & Light Corporation remaining after dis­ matters under the applicable provisions charge of said bonds be distributed. Ogden Corporation. The same are on of said Act and rules of the Commission file in the office of this Commission and 5. Whether the plan filed under sec­ thereunder be held on February 3, 1942 tion 11 (e) of the Public Utility Holding all Interested persons are referred there- at 10:00 o’clock, A. M., at the offices of .to for a statement of the transactions, Company Act of 1935, is necessary to ef­ the Securities and Exchange Commission, fectuate the provisions of section 11 (b) therein proposed, which are summarized 1778 Pennsylvania Avenue NW., Wash­ as follows: of said Act and is fair and equitable to ington, D. C. On such day the hearing- the persons affected thereby. Proceeds of sales of assets of Central room clerk in Room 1102 will advise as States Ppwer & Light Corporation are to the room where such hearing will be By the Commission. from time to time to be made available held. At such hearing, cause shall be Eseal] F rancis P. B rassor, to tire holders of tlîlit corporation’s out­ shown why such declaration or applica­ Secretary. standing First Mortgage and First Lien tion (or both) shall become effective or [F. R. Doc. 42-379; Filed, January 14, 1942; Gold Bonds, 5 %% Series, due 1953, by shall be granted. Notice is hereby given 11:41 a. ul]