a ¿ o VOLUME 11 Sjty 1 9 3 4 NUMBER 173 W a n t e d * ______- Washington, Thursday, September 5, 1946
The President America the one hundred and seventy- CONTENTS first. THE PRESIDENT Harry S. Truman PROCLAMATION 2700 Proclamation : Paee By the President: Fire Prevention* Week, 1946___ 9729 F ire P revention W eek, 1946 W. L. Clayton, Executive Orders: BY THE PRESIDENT OF THE UNITED STATES Acting Secretary of State. Bonds, notes and other securi OF AMERICA |F. R. Doc. 46-15797; Filed, Sept. 3, 1946; ties acquired on behalf of A PROCLAMATION 2:52 p. m.l U. S.; designation of Re- construction Finance Cor WHEREAS fires threaten this year to poration to act-______9729 exact the greatest toll of lives and the Federal Committee on Highway greatest waste of material resources that EXECUTIVE ORDER 9774 our nation has ever experienced; and Safety; establishment_.1_ 9731 WHEREAS this destruction is taking D esignating the R econstruction Fi REGULATIONS AND NOTICES place at a time when the entire world is nance Corporation as the Agency T o faced with distressing shortages of food Act With Respect to Certain B onds, Agriculture D epartment. See and housing and nearly every commodity Notes, and Other S ecurities Acquired also Entomology and Kant essential to speedy reconversion to a on B ehalf of the United S tates U nder Quarantine Bureau. peacetime economy; and the P rovisions of the T ransportation Administrative regulations; offi WHEREAS the vast majority of de Act, 1920 cial records— ------9731 structive fires are preventable by the Bakery products (WFO 1, Am. exercise of greater caution on the part By virtue of and pursuant to the au 16)______9732 of all our citizens: thority vested in me by section 213 of Flue-cured marketing quota NOW, THEREFORE, I, HARRY S. Title H of the Transportation Act, 1920, referendum for three mar as amended by the act* of August 13, keting years beginning July TRUMAN, President of the United States 1940, 54 Stat. 788 (40 U. S. C. 316), I of America, do hereby designate the week 1,1947 ; proclamation of re- hereby designate the Reconstruction Fi . suits______9732 beginning October 6, 1946, as Fire Pre nance Corporation as the agency au vention Week. Grain and grain products (WFO I ask every citizen to do his part by thorized to sell, exchange, or otherwise 66, Am. 17>______9732 learning how to detect and eliminate all dispose of, or to enter into arrange New York Metropolitan area; possible causes of fires in his home and ments for the extension of the maturity milk handling (Corr.)___I 9732 in his business, in order to safeguard both of, any bonds, notes, or other securities Salaries and wages in Califor lives and property from the holocaust of taken, held,-or exchanged with respect nia ______- _____ 9734 fire. I also request that the State and to loans made to the Georgia and Florida Sugar determinations: wage local governments, the Chamber of Com Railway Company pursuant to the pro rates in production, culti merce of the United States, the National visions of section 210 of Title H of the vation, and harvesting of Fire Waste Council, business and labor Transportation Act, 1920, in such sugarcane in Fiorida_____ 9732 organizations, the churches and schools, amounts, at such prices, for cash, securi Alien P roperty Custodian: civic groups, and the agencies of the ties or other property, or any combina Vesting orders, etc.: press, the radio, and the motion-picture tion thereof, and upon such terms and Fukuda, J. (Jinzo)______9787 industry throughout the country cooper conditions as the Reconstruction Fi Grundman, Paul-______9785 ate fully in the observance of Fire Pre nance Corporation may deem advisable Hauck, Georg, & Sohn______9786 vention Week; and I direct that the ap and in the public interest. All moneys Kifioshita, Sakuichi______9788 propriate agencies of the Federal Gov realized through the exercise of the au-% Lewenthal, Isaac______9787 ernment likewise assist in arousing the thority conferred by this order shall be Ruser, Anna Katherine.__- _ 9787 public to the awareness of the dread paid to the Secretary of the Treasury for Szabo, Helen______9787 thi-pat of fii'pci U. S. currency and coin owned deposit to the appropriate account. by Germany____------9788 IN WITNESS WHEREOF, I have here Executive Order No. 8533 of Septem unto set my hand a/id caused the seal of Civil Aeronautics Board: the United States of America to be ber 6, 1940, is amended accordingly. Hearings, etc.; affixed. Harry S. T ruman Arizona Airways, Inc. and DONE at the City of Washington this Transcontinental & West 3rd day of September in the year of our The W hite House, ern Air, Inc______9763 Lord nineteen hundred and September 3, 1946. Ellis Air Transport et al_____ 9763 [seal] forty-six, and of the Independ [F. R. Doc. 46-15837; Filed, Sept.. 4, 1946; Royal Dutch Air Lines ence of the United States of 10:28 a. m.] (KLM)______9763 9729 9730 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 CONTENTS—Continued CONTENTS—Continued
D efense T ransportation, Office Pag0 P rice Administration, Office of— Page of: Continued. FEDERA^REGISTEB Administration, procedures; cer Goods, finished piece (MPR 127, V 193* JiV tification of transportation Am. 52)_____ - ______— 9741 personnel for deferment Hogs: Dressed, and wholesale pork Published dally, except Sundays, Mondays, from military service------9762 and days following legal holidays, by the Rail equipment, conservation: cuts (RMPR 148, Am. Division of the Federal Register, the National Carrots, new fresh harvested; 38)______- ____ 9735 Archives, pursuant to the authority contained shipm ents------9763 Live (MPR 469, Am. 22)_____ 9738 in the Federal Register Act, approved July 26, Exception______—------9762 Kitchenware, household (MPR 1935 (49 Stat. 500, as amended; 44 U.S.C., Entomology and P lant Quaran 188, Am. 2 to Order 5122) 9768 ch. 8B), under regulations prescribed by the tine Bureau: Lamb and mutton carcasses and Administrative Committee, approved by the wholesale cuts (RMPR 239, President. Distribution is made only by the Japanese beetle quarantine on Superintendent of Documents, Government cut flowers, fruits, and vege ' Ahí. 27)______9745 Printing Office, Washington 25, D. C. tables; restrictions discon- Machines, parts, industrial ma The regulatory material appearing herein is tinued for season------9731 terials and services; exemp keyed to the Code of Federal Regulations, F ederal P ower Commission: tion and suspension from which is published, under 50 titles, pursuant, control (SO 129, Am. 49) ___ 9744 to section 11 of the Federal Register Act, as Hearings, etc.: Regional and district office amended June 19, 1937. First Iowa Hydro-Electric Co operative ______9775 orders: The F ederal R egister will be furnished by Building materials: mail to subscribers, free of postage, for $1.50 New York State Natural Gas per month or $15.00 per year, payable in ad C o rp ______9775 Beaver County, Pa------¿— 9769 New York City anct Nassau vance. The charge for individual copies F ederal Trade Commission: (minimum 15^) varies in proportion to the Cooter, Paul M., et al., hearing. 9775 County, N.Y______9769 size of the issue. Remit check or money Virginia______9771 order, made payable to the Superintendent H ousing Expediter, Office of: Community ceiling prices, list of Documents, directly to the Government Priorities regulation^ directives and certificates for surplus of orders filed------9768 Printing Office, Washington 25, D. C. S ecurities and Exchange Com There are no restrictions on the republica- equipment for veterans’ m ission: tlon of material appearing in the F ederal emergency housing pro R egister. ______Hearings, etc.: gram ----- 9733 Central New York Power I nterstate Commerce Commission: Corp. and Hammond NOW AVAILABLE Unloading: Light and Power Co------9784 Baskets at Brownsville, T ex„ 9782 Code of Federal Regulations Commonwealth & Southern Lumber at Oshkosh, Wis------9783 Corp. (Delaware)_____L 9783 1945 Supplement Land Management Bureau: General Public Utilities Corp_ 9783 Book 1: Titles 1 through 9, in Canals, d i t c h e s , reservoirs,' Southern Natural Gas Co. water pipe lines, etc.; et al______— 9784 cluding, in Title 3, Presidential doc rights-of-way------9761 uments in full text with appropriate W ar Assets Administration: Leases, oil and gas------;------— 9760 Acquisition, disposal, and in reference tables. Public lands and reservations ventory of surplus personal Book 2: Titles 10 through 14. of U. S. for electrical plants property; forms for report Book 3: Titles 15 through 32. and transmission lines; in g ______9760 These books - may be obtained from the rights-of-way------— 9761 War Contracts P rice Adjustment Superintendent of Documents, Government State, County or privately owned Board: lands in grazing districts; Text of statutes, orders, joint Printing Office, at $3 each. leasing ’------9761 A limited sales stock of the 1944 Supple regulations and directives; Maritime Commission: delegations of authority ment (3 books) is still available at $3 a Orders, determinations, etc., is book. within Reconstruction Fi sued by War Shipping Ad nance Corporation------— 9757 ministration; adoption----- 9762 War Mobilization and R econver N ational P ark Service: sion, Office of:. CONTENTS—Continued Delegations of authority to As Subsidies, support prices; im Civilian P roduction Administra- Page sociate Director------9760 ports of green coffee (Corr.). 9760 P rice Administration, Office o f: tion: W ar Shipping Administration: Delegation of authority to Office Adjustments and pricing orders: Orders, determinations, etc.; of Defense Transportation Automatic Washer Co------9764 adoption by U. S. Maritime to certify transportation Bailey Coal Co., et al---- — 9766 Commission ------9762 workers for deferment un King, Joseph, et al—------9767 der Selective Service (Di Michaelian & Kohlberg, Inc__ 9764 CODIFICATION GUIDE rective 45)______9734 Oneida Ltd—------1------9765 A numerical list of the parts of the Code Priorities system operation; HH Rival Mfg. Co_------— 9764 of Federal Regulations affected by documents ratings for common and White Aircraft Corp------— 9768 published in this issue. Documents carried face brick and common and Alcohol, butyl, and esters thereof in the Cumulative Supplement by uncodified (MPR 37, Am. 19)______9757 tabulation only are not included within the face structural tile in vet purview of this list. • erans’ emergency housing Beef and veal carcasses and program (PR 33, Revocation wholesale cuts (RMPR 169, T itle 3—T he P resident: Pa^e of Dir. 6)______— 9734 Am. 74)______9741 Chapter I—Proclamations: Suspension order; Electro Bat Bovine animals, live (MPR 574, 2700______9729 tery Mfg. Co------i----- 9734 Am. 6 ) ______9746 Chapter H—Executive Orders: Tin mill products, effect of cer Coal, bituminous; District 13 8533 1______- ______9729 tain certified orders (M-21, (MPR 120, Order 1727)__ 9764 9774 ______-_____ 9729 Am. 1 to Dir. 9)______9734 Commodities, postponing reim 9775 ______- __:______9731 Coast Guard: position of controls (SO 177, T itle 7—Agriculture: Approval of equipment------9785 Am. 3) ______9735 Subtitle A—Office of Secretary: Commerce Department: Flaxseed (SO 177, Am. 4)------9735 Part 1—Administrative regu Delegation of authority to Di Flooring, hardwood: lations------9731 rector of Office of Technical Northern (RMPR 432 )______9753 Services------9733 Oak, pecan, etc. (RMPR 458)- 9749 *E. O. 9774. FEDERAL REGISTER, T h u rsd a y , September 5, 1946 9731 CODIFICATION GUIDE—Continued CODIFICATION GUIDE—Continued with highway safety activities to cooper ate with agencies of State and local gov T itle 7—Agriculture—Continued. Page Title 43—P ublic Lands: I nte- Pag«' ernments similarly concerned, with na Chapter III—Bureau of 'Ento rior—Continued. tionwide highway safety organizations of mology and Plant Quaran Chapter I—Bureau of Land State and local officials, and with na tine: Management—Continued. -• tional non-official highway safety organ Part 301—Domestic quaran Part 244—Rights-of-way for izations, as the Committee may deter tine notices______9731 canals, ditches, reser mine. The Committee shall also, to the Chapter VII—Production and voirs, water pipe lines, extent permitted by law, coordinate the Marketing Administration telephone and telegraph highway safety activities of Federal (Agricultural Adjustment) : lines, tramroads, roads agencies. Part 725—Burley and flue- and highways, oil and gas 3. The head of -each FederaJ^agency cured tobacco------9732 pipe lines, etc______9761 concerned is requested to take such Chapter VUE—Production and Part 245—Rights-of-way over measures within his sphere of respon Marketing Administration * and upon public lands sibility as will result in improved high (Sugar Branch) : and reservations of U. S. way safety conditions; to cooperate with Part 802—Sugar determina for electrical plants and the Committee with a view toward the tions______i 9732 transmission lines______9761 attainment of improved highway safety Chapter IX—Production and Part 505—Leasing of State, conditions; and, consonant with law, to Marketing Administration County or p r i v a t e l y provide -the Committee with necessary (Marketing Agreements and owned lands in grazing staff assistance. Orders) : districts___:______;.__ 9761 H arry S. T ruman Part 927—Milk in New York Title 46—Shipping: The White House, Metropolitan area---- r— 9732 Chapter II—U. S. Maritime September 3,1946. Commission: Title 15—D epartment op Com [F. R. Doc. 46-15838; Filed, Sept. 4, 1946; merce: Part 211—Adoption of «exist 10:28 a. m.] Subtitle A—Office of Secretary: ing regulations______9762 Part 12—Delegations of au* Chapter HI—War Shipping Ad thority_------9738 ministration ______9762 Regulations Title 24—Housing Credit: Title 49—T ransportation and Chapter VIH—Office of Housing R ailroads : Expediter r Chapter II—Office of Defense TITLE 7—AGRICULTURE Part 803—Priorities regula Transportation: tions under Veterans’ Part 500—Conservation of rail Subtitle A—Office of the .Secretary of Emergency Housing Act equipment______:__ 9762 Agriculture of 1946 ______9733 Part 503 —Administration; Part 1—Administrative R egulations Title 29—Labor: procedures -______9762 Chapter IX—Department of official records Agriculture (Agricultural EXECUTIVE ORDER 9775 Section 1.1533 is revoked effective Labor) : September 11,1946, Part 1102—Salaries and wages E stablishing the F ederm^Com mittee on (R. S. 161; 5 U. S. C. 22) in California------9734 H ighway S afety Title 32—National Defense: Dated; August «30, 1946. Chapter IX—Civilian Produc By virtue .of the authority vested in me as President of the United States, and in [seal] Charles F. B rannan, tion Administration: Acting Secretary of Agriculture. ~Part 903—Organization and order to promote highway traffic safety and the abatement of highway traffic [F. R. Hoc. 46-15787; .Filed, Sept. 3, 1646; delegations of authority- 9734 accidents, it is ordered as follows: Part 944—Regulations appli 11 ¿41 a. m.] cable to operations of pri 1. There is hereby established the Fed orities system------— 9734 eral Committee on Highway Safety, Chapter XTV—War Contracts which shall have as members (a) one rep Chapter III—Bureau of Entomology and resentative of each of the following agen Plant Quarantine Price Adjustments Board: cies, to be designated by the respective Part 1608—Text of statutes, heads of such agencies, namely, Public [B. E. P. Q. 555] orders,, joint regulations Roads Administration, National Bureau P art 301—D omestic Quarantine and directives______9757 of Standards, Bureau of the Census, Fed _ N otices Chapter XVIH—Office of War eral Works Agency, United «States Office Mobilization and Reconver of Education, Federal Bureau of Investi RESTRICTIONS OF JAPANESE BEETLE QUARAN gation, Department of Agriculture, De TINE ON CUT FLOWERS, FRUITS, AND VEGE sion: TABLES DISCONTINUED FOR THE SEASON Part 4003—Subsidies ; support partment of the Interior, Department of p rices______1______9760 War, Department of the Navy, Post Office Introductory note. The following ad Chapter-XXTII—War Assets Ad Department, Interstate Commerce Com ministrative instructions lift all restric mission, and the Federal Interdepart tions oh the dates specified helow as to ministration: mental Safety Council, (b) one repre the movement of fruits, vegetables, and * Part 8301—Designation of dis sentative of each of such other "Federal cut flows from the area heavily infested posal agencies and pro agencies as may be determined from time with Japanese beetles for the remainder cedures for reporting sur- to time jointly by the Chairman, the of the season. plùs property located Commissioner of Public Roads, and the« Pursuant to authority conferred upon within continental U. 6., Federal Works Administrator, each such the Chief of the Bureau of Entomology its territories and posses representative to be designated by the and Plant Quarantine, in paragraph (b) sions ______— 9760 head of the-agency he is to represent,, and of § 301.48-4 (Notice of Quarantine No. Title 36—Parks and F orests : -(c) a Chairman of the Committee who 48 un account of the Japanese beetle, 10 Chapter I—National Park Serv may be one of the agency representatives F. R. 1951), the dates have been deter ice : provided for in this paragraph arçd who mined beyond which shipping Testrietions shall be designated by the President or, imposed by Administrative Instructions Part 10—Delegations of au upon delegation by the President, by the 552, June 6, 1946 (11 F. R. 6387) are no thority ______9760 Federal Works Administrator. longer necessary for this year and are Title 43—P ublic Lands : Interior: 2. The Committee .shah promote high hereby revoked as follows: Chapter I—Bureau of Land way safety and the reduction of highway (a) For fruits and vegetables, except Management: traffic accidents and, to this end, shall green ear corn—at the close of August Part 192—Oil and gas leases- 9760 encourage Federal agencies concerned 30,1946. 9732 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 (b) For green ear corn—at the close of ing the period July 1, 1946, to June 30, for Saturday, August 31, 1946, the Class September 13, 1946. 1947. The requirements of section 301 II-A price in § 927.5 (a) (5) should read (c) For cut flowers—at the close of (b) of the Sugar Act of 1937, as amended, “3.95 per hundredweight”. September 30, 1946. shall be deemed to have been met with respect to the production, cultivation, (Sec. 8, 37 Stat. 318, 39 Stat. 1165,44 Stat. and harvesting of sugarcane in Florida 250; 7 U. S. C. 161; 7 CFR 301.48-4, 10 Chapter XI—Production and Marketing during the period July 1, 1946, to June Administration (War Food Distribute * F. R. 1951) 30, 1947, if all persons employed on the Done at Washington? D. C., this 27th farm during such period in the produc Orders) day of August 1946. tion, cultivation, and harvesting of sug [WFO 1, Arndt. 16] arcane shall have been paid in full for [seal! Avery S. Hoyt, Part 1404—Bakery P roducts Acting Chief, Bureau of Ento all such work and shall have been paid mology and Plant Quarantine. wages in cash therefor at rates as fol MANUFACTURE AND DISTRIBUTION OF BAKERY ' lows: PRODUCTS [P. R. Doc. 46-15844; Filed, Sept. 4, 1946; (a) The wage rates agreed upon be 11:05 a. m.] tween the producer and the laborer but War Food Order No. 1, as amended (10 after the date of this determination, not F. R. 5347; 11 F. R. 5779), is further less than the rates prescribed under par amended by deleting paragraphs (a) agraphs (ta.) and (c) of this section. (10), (a) (11), (f) and (i) therefrom. Chapter VII—Production and Marketing (b) For work performed on a time This amendment shall become effective Administration (Agricultural Adjust basis. at 12:01 a. m., e. s. t., September 4, 1946. Cents With respect to violations, rights accrued, ment) per liabilities incurred, or appeals taken, hour P art 725—F lue-Cured and B urley (1) All work except as otherwise prior to said date, under War Food Order T obacco specified: No. 1, as amended, all provisions of said Adult males______40.0 order shall be deemed to remain in full proclamation op results of flue- cured force ¿or the purpose of sustaining any MARKETING QUOTA REFERENDUM FOR THREE Adult females______.____ 34.0 (2) Tractor drivers and operators of proper suit, action, or other proceeding MARKETING YEARS BEGINNING JU LY 1, mechanical harvesting or loading with respect to any such violation, right, 1947 equipment______;___ 50.0 liability, or appeal. § 725.302 Proclamation of results of (3) Workers between 14 and 16 years of the flue-cured tobacco marketing quota age (maximum employment per day (E. O. 5280, 7 F. R. 10179; E. O. 9577, referendum for the three marketing of such workers is 8 hours)______34.0 10 F. R. 8087) years beginning July 1,1947. In a refer (c) For work performed on a piece Issued this 3d day of September 1946. endum of farmers engaged in the pro rate basis. The piece rate for any opera [seal] Charles F. B rannan, duction of the 1946 crop of flue-cured tion shall be the rate agreed upon be Acting Secretary of Agriculture. tobacco held on July 12, 1946, 256,735 tween the producer afid the laborer: farmers voted. Of those voting, 249,320 Provided, however, That, the piece rate [F. R. Doc. 46-15845; Filed, Sept. 4, 1946; or 97.1 percent favored quotas for a for comparable work shall be the same 11:05 a, m.] period of three years beginning July 1, for all workers: And provided further, 1947; 3,065 or 1.2 percent favored quotas That the earnings for each worker dur for one year beginning July 1, 1947; and ing each pay period, (such period not to [WFO 66, Arndt. 17] 4,330 or 1.7 percent »were opposed to be in excess of two weeks) shall average quotas. Therefore, the national market for the time involved not less than 45 P art 1468—Grains ing quota of 1,148,000,000 pounds pro cents per hour for adult male workers, GRAIN AND GRAIN PRODUCTS' claimed (by the Secretary) on July 1, and 38 cents per hour for adult female 1946, for flue-cured tobacco for the 1947- Workers and workers between 14 and 16 War Food Order No. 66, as amended 48 marketing year will be in effect for years of age. (11 F. R. 2215, 5105, 6750), is hereby fur such year and marketing quotas on flue- (d) General provisions. (1) In addi ther amended as follows: cured tobacco will be in effect for the tion to the foregoing, the producer shall 1. By deleting the provisions of § 1468.2 three marketing years beginning July 1, furnish to the laborer without charge -(b) (1)'and inserting, in lieu thereof, the 1947. the customary perquisites, such as a following: habitable house, medical attention, a (1) No brewer shall use, in the manu (52 Stat. 46; 54 Stat. 392; 7 U. S. C. 1312 suitable garden plot with facilities for its (b)) facture of malt beverages during tlje cultivation,'pasturage for livestock, and quota period beginning on September 1, Done at Washington, D. C., this 3d day other customary incidentals. 1946, or any subsequent quota period, a of September 1946. Witness my hand (2) The producer shall not, through quantity of grain in excess of 85 percent and the seal of the Department of Agri any subterfuge or device whatsoever, of the quantity of grain used by him, not culture. reduce the wage rates to laborers below in violation of the provisions of War [seal] Charles F. B rannan, those determined herein. Food Order No. 66, as amended, in the Acting Secretary of Agriculture. (Sec. 301,50 Stat. 909; 7 U. S. C. 1131) . manufacturer of malt beverages during the three months, of 1945 which corre [P. R. Doc. 46-15843; Filed, Sept. 4, 1946; Issued this 3d day of September 1946. 11:05 a. m.] spond with the months included in the [seal] Charles F. B rannan, particular currdht quota period: Pro Acting Secretary of Agriculture. vided, That, no brewer shall use, during the quota period beginning on September [P. R. Doc. 46-15846; Piled, Sept. 4, 1946; Chapter VIII—Production and Marketing 11:05 a. m.] 1, 1946, or any subsequent quota period, Administration (Sugar Branch) any wheat in the manufacture of malt beverages: And provided further, That, P art 802—S ugar D eterminations during the quota period beginning on Chapter IX—Production and Marketing September 1, 1946, or any subsequent FAIR AND REASONABLE WAGE RATES FOR PER SONS EMPLOYED IN PRODUCTION, CULTIVA Administration (Marketing Agreements quota period, no brewer shall use, in the and. Orders) manufacture of malt beverages, any rice TION, AND HARVESTING OF SUGARCANE IN except either screenings milled rice FLORIDA DURING JU LY 1, 1 9 4 6 , TO JUNE Part 927—Milk in the New Y ork Met (class XIII) or brewers milled rice (class 3 0 , 1947 ropolitan Marketing Area XIV), as those classes of rice are defined Pursuant to section 301 (b) of the MISCELLANEOUS AMENDMENTS in the “United States Standards for Sugar Act of 1937, as amended, the fol Milled Rice,” issued by the Acting Sec lowing determination is hereby issued; Correction retary of Agriculture on April 28, 1942, § 802.24x Fair and reasonable wage In Federal Register Document 46- and made effective on May 15,1942, or as rates for sugarcane work in Florida dur 15516, appearing at page 9611 of the issue such standards for those classes of rice FEDERAL REGISTER, T h u rsd a y, S ep tem b er 5, 1946 9733
may be amended from time to time. In period, is increased for each such quota TITLE 24*—HOUSING CREDIT the event the grain quotas of any brewer period by 15 percent of the quantity of have been adjusted for quota periods grain products used by him, not in viola Chapter VIII—Office of Housing subsequent to August 31, 1946, pursuant tion of the provisions of War Food Order Expediter to a petition for relief from hardship No. 66, as amended, in the manufacture [Priorities Reg. 3] filed in accordance with the provisions of malt beverages during the three of War Food Order No. 66, as amended, months of 1945 which correspond with P art 803—P riorities R egulations U ndçr each such adjusted quota applicable to the months included in the particular Veterans’ Emergency Housing Act of grain to be used, as aforesaid, during a quota period. No person* shall sell to a 1946 particular quota period, is increased for brewer, for brewing purposes, any grain directives and certificates for surplus each such quota period by 15 percent of product made wholly or in part, from EQUIPMENT the quantity of grain used by him, not wheat, or any grain product made, wholly in violation of the provisions of War Food or in part, from any rice except the § 803.3 Housing Expediter directives Order No. 66, as amended, in the manu classes of rice which are referred to in and certificates for surplus equipment for the preceding sentence of this paragraph. the Veterans? Emergency Housing Pro facture of malt beverages during the gram—(a) What this section provides. three months of 1945 which correspond 3. By deleting, from the provisions of This section provides for channeling cer with the months included in the par § 1468.2 (b) (6), the terms “96 percent” tain surplus equipment held by the War ticular current quota period. On and and inserting, in lieu thereof, the terms Assets Administration into the Veterans’ after September 1, 1946, no brewer shall “97 percent.” Emergency Housing Program, to be used use, in the manufacture of malt bever 4. By deleting, from the provisions of for the construction of low and moderate ages, during any quota period, a total § 1468.2 (b) (7), the terms “4 percent” quantity of rice in a larger proportion to cost housing accommodations for veter and inserting, in lieu thereof , the terms ans. The equipment listed in the table all grains used by him than that propor “3 percent.” tion of rice to all grain used by such at the end of this section is suitable for brewer, not in violation of War Food Or The provisions of this amendment the construction of housing accommoda der No. 66, as amended, in the manu shall become effective as of 12:01 a. m., tions and is in critically short supply. facture of malt beverages during the e. s. t., September 1, 1946. With respect Such equipment is not now available in corresponding three-month period of to violations, rights accrued, liabilities sufficient quantities from new produc 1945. No person shall sell to a brewer, incurred, or appeals taken under said tion. This section provides a preference for brewing purposes, any wheat, or any War Food Order No, 66, as amended, for a specified period to persons or gov rice except the classes of rice which are prior to the effective time of the provi ernmental agencies or instrumentalities referred to in the first sentence of this sions of this amendment, the provisions who will use the equipment to make a paragraph. The provisions of this par of the said War Food Order No. 66, as substantial contribution to the Veterans’ agraph shall not be construed as a modi amended, in effect prior to the effective Emergency Housing Program. This sec fication, suspension, or amendment of time of the provisions of this amendment tion is deemed necessary and appropri War Food Order No. 10, as amended (11 shall be deemed to continue in full force ate in the public interest and to effectu F. R. 3993, 5105), or as it may be further and effect for the purpose of sustaining ate the purposes of the Veterans’ Emer amended or modified from time to time. any proper suit, action, or other proceed gency Housing Act of 1946. ing with regard to any such violation, (b) Equipment covered by this sec 2. By deleting the provisions of right, liability, or appeal. tion. This section applies only to the § 1468.2 (b) (2) and inserting, in lieu equipment listed in thetable at the end thereof, the following: (E. O. 9280, 7 F. R. 10179; E. O. 9577, 10 of this section. It applies whether the F. R. 8087) (2) No brewer shall use, in the manu equipment is new or used. It applies to facture of malt beverages during the Issued this 23d day of August 1946. all such equipment in WAA stocks quota period beginning on September 1, (whether in WAA “confirmed inventory” [seal] Clinton P. Anderson, or not) unless, prior to the effective date 1946, or any subsequent quota period, a Secretary of Agriculture. quantity of grain products in excess of of this section, a written offer has been 85 percent of the quantity of grain prod [F. R. Doc. 46-15590: Filed, Aug. 30, 1946; made by WAA for the sale of such equip ucts used by him, not in violation of the 11:11 a. m.] ment and the offer has been accepted. provisions of War Food Order No. 66, as To constitute such an acceptance, written amended, in the manufacture of malt notice thereof must have been delivered beverages during the three months of to the WAA, or placed in the U. S. Mail 1945 which correspond with the months TITLE 15—DEPARTMENT OF and postmarked, prior to the effective included in the particular current quota COMMERCE date of this section. period: Provided, That no brewer shall (c) VEHP preference. During the pe use, during the quota period beginning Subtitle A—Office of the Secretary riod of time defined in paragraph (d) of this section, the War Assets Administra on September 1, 1946, or any subsequent P art 12—D elegations of Authority quota period, any wheat products in the tion shall not advertise, offer, sell, or dis manufacture of malt beverages: And DIRECTOR OF OFFICE OF TECHNICAL SERVICES pose of any equipment covered by this :provided further,, That, during the quota § 12.11 Executive Order 9768. By section, except pursuant to a Housing Ex period beginning on September 1,1946, or virtue of the authority vested in me as pediter directive, a Housing Expediter any subsequent quota period, no brewer Secretary of Commerce by Executive Or certificate (issued under Housing Expe shall use, in the manufacture of malt der 9768 dated August 9, 1946, extending diter Priorities Regulation 4), or a special beverages, any rice products except either the provisions of Executive Order 9177 directive issued by the Civilian Production products from screenings milled rice dated May 30, 1942, to the Secretary of Administration. Housing Expediter di (class XIII), or products from brewers Commerce, authority is hereby delegated rectives or certificates for such equipment milled rice (class XIV), as those classes will not be issued unless the Housing Ex to the Director of the Office of Technical pediter (or a Regional Housing Expediter of rice are defined in the "United States Services to execute the certificate re under Housing Expediter Priorities Regu Standards for Milled Rice,” issued by the quired in paragraph 2 of said Executive lation 4) determines that the proposed Acting Secretary of Agriculture on April Order 9177. use of the equipment will make a substan 28, 1942, and made effective on May 15, The authority hereby delegated may tial contribution to the Veterans’ Emer 1942, or as such standards for those be redelegated by the Director of the Of gency Housing Program. Disposal shall classes of rice may be amended from time fice of Technical Services to and exercised be made pursuant to such Housing Expe to time. In the event the grain products by such officer or officers of the Office diter directives or certificates , regardless quotas of any brewer have been adjusted of Technical Services as he may desig nate. of whether the person, agency, or instru for quota periods subsequent to August mentality named in the directive or cer 31,1946, pursuant to a petition for relief Dated: August 28,1946. from hardship filed in accordance with tificate is a veteran or whether he holds provisions of War Food Order No. 66, as [seal] H. A. Wallace, a WAA Form 63 veterans’ certificate. amended, each such adjusted quota ap Secretary of Commerce. (d) Length of period. The preference plicable to grain products to be used, as [F. R. Doc. 46-15794; Filed, Sept. 3, 1946} period under this section for disposals by aforesaid, during a particular quota j.:10 p. m.] WAA of surplus equipment to persons, 9734 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 agencies, or instrumentalities making a TITLE 32—NATIONAL DEFENSE P art 903—Organization and D elegations of Authority substantial contribution to the VEHP will Chapter IX—Civilian Production begin with the effective date of this sec [Directive 45] tion and end thirty days after the time Administration DELEGATION OF AUTHORITY TO OFFICE OF that WAA field procedures implementing Au th o rity : Regulations in this chapter DEFENSE TRANSPORTATION TO CERTIFY Housing Expediter Priorities Regulation unless otherwise noted at the end of docu TRANSPORTATION WORKERS FOR DEFER 4 are dispatched to the WAA field offices. ments affected, issued under sec. 2 (a), 54 MENT UNDER SELECTIVE SERVICE Stat. 676, as amended by 55 Stat. 236, 56 Stat. § 903.158 Directive 45. The Director (Pub. Law 388, 79th Cong.; Public Law 177, 58 Stat. 827 and Pub. Law 270, 79th 507, 77th Cong., as amended; CPA Direc Cong., and Pub. Laws 270 and 475,79th Cong.; of Selective Service in Local Board tive 44 (IIP . R. 8936)) E. O. 9024, 7 F. R. 329; E. O. 9040, 7 F. R. 527; Memorandum No. 115, as amended, has E. O. 9125, 7 F. R. 2719; E. O. 9599, 10 F. R. authorized the Civilian Production Ad Issued this 31st day of August 1946. 10155; E. O. 9638, 10 F. R. 12591; CPA Reg. 1, ministration to certify to him for occu W ilson W. W yatt, Nov. 5, 1945, 10 F. R. 13714. pational deferment certain registrants Housing Expediter. engaged in production and transporta P art 944—R egulations Applicable to tion as set forth in Part IV, paragraph 6 the Operations op the P riorities T able op E q u ipm en t Covered by T h is Section of that Memorandum. At the request S ystem Batching plants. of the Director of the Office of War Mo Cranes: Truck-mounted and crawler-type of [Priorities Reg. 33, Revocation of Direction 6J bilization and Reconversion, I hereby %, ft. %. -to 1 Vs, 1% to 2, and 2% USE OP hh ratings for common and face delegate to the Office of Defense Trans cubic yard capacity. Equipped with shovel, BRICK AND COMMON AND FACE STRUCTURAL portation authority to act fully and in dragline, backhoe and other types of front TILE IN THE VETERANS’ EMERGENCY HOUS dependently as the agent of the Civilian ends. Production Administration in certifying Ditching machines. ING PROGRAM transportation workers for deferment Motor graders. Direction 6 to Priorities 33 is revoked under Local Board Memorandum No. 115 Portable air compressors up to and including effective September 1, 1946. 500 c. f. m. of the Director of Selective Service. All Rock crushers, 25 tons per hour or under. That direction will be superseded by certifications made by the Office of De Tractors (track-laying). Schedule B to Priorities Regulation 33, fense Transportation under this author Tractor type scrapers. issued August 27, 1946. ity shall indicate that the certification is Wheel tractors 100 h. p. or over. This revocation does not affect any lia made as the duly authorized agent of the [F. R. Doc. 48-15799; Filed, Sept. 3, 1946; bilities incurred for violation of that di Civilian Production Administration. 3:36 p. m.] rection, or of actions taken by the Civil ian Production Administration under it. Issued this 4th day of September 1946. Issued this 4th day of September 1946. J. D. Small, Administrator. Civilian Production TITLE 29—LABOR Administration, [F. R. Doc. 46-15865; Filed, Sept. 4, 1946; 12:16 p.m.] Chapter IX—Department of Agriculture By J. J oseph Whelan, (Agricultural Labor) Recording Secretary. [F. R; Doc. 46-15867; Filed, Sept. 4, 1946; P art 3294r—Iron and Steel Production [Supp. 62, Arndt. 1] 12:16 p. m.] [General Preference Order M-21, Direction 9, as Amended June 14,1946, Arndt. 1] P art 1102—S alaries and W ages op Agri EFFECT OF CERTAIN CERTIFIED ORDERS FOR TIN P art 1010—S uspension Orders cultural Labor in the State op Cali MILL PRODUCTS fornia [Suspension Order S-953, Arndt, and Modification] Direction 9 to M-21 is hereby amended WORKERS ENGAGED IN HARVESTING FEARS, in the following respects: ELECTRO BATTERY MANUFACTURING CO. HOPS, AND PRUNES IN MENDOCINO AND 1. Paragraph (a) is amended to read as SONOMA COUNTIES, CALIF. Elmer Ford, an individual doing busi ness as Electro Battery Manufacturing follows: Section 1102.25, paragraph (b) (2) (i), Company, 7013 Page Avenue, St. Louis, (a) What this direction does. The relating to picking hops on a piece rate Missouri, engaged in the manufacture of general work stoppages at steel plants basis is hereby amended to read as fol automotive SLI type replacement storage have caused a serious curtailment in lows: batteries, was suspended on August 7, supplies of tin mill products. This di (i) Hops—3 V2 cents per pound. 1946, by Suspension Order No. S-953. He rection requires producers of tin mill appealed from the provisions of the or products to treat certain certified orders Effective date. This Amendment 1 to der. The Chief Compliance Commis for these products as rated orders. Supplement 62 shall become effective at sioner has directed that the order be 2. Paragraph (c) is amended to read 12:01 a. m. Pacific standard time, August amended as follows: It is hereby ordered, 15, 1946. as follows: that: (c) Effect of certain certified orders. (56 Stat. 765 (1942) ; 50 U. S. C. 961 et § 1010.953 Suspension Order No. S- (1) Priorities Regulation 1 gives the gen seq. (Supp. IV) ; 57 Stat. 63 (1943) : 50 953, issued August 7,1946, be and hereby eral rules for acceptance and schedul U. S. C. 964 (Supp. IV), 58 Stat. 632 is amended by substituting for paragraph ing of rated orders. Producers of tin mill (1944) ; Pub. Law 108, 79th Cong., E. O. (a) the following: ' products must also treat as rated any 9250, 7 P. R. 7871 ; E. O. 9328, 8 P. R. 4681; (a) During the third and fourth quar purchase orders for tin mill products E. O. 9577, 10 P. R. 8087; E. O. 9620, 10 ters of 1946 and the first, second and bearing either (i) a certificate in the fol P. R. 12023; E. O. 9651, 10 P. R. 13487; third quarters of 1947, the amount of lead lowing form, signed manually or as pro E. O. 9697, 11 P. R. 1691; regulations of that Elmer Ford would otherwise be en vided in Priorities Regulation 7 by an the Economic Stabilization Director, 8 titled to use under the provisions of Gen official duly authorized for that purpose: P. R. 11960, 12139, 16702; 9 P. R. 6035, eral Preference Order M-38 shall be re 14547; 10 P. R. 9478, 9628; 11 P. R. 2517; I certify, subject to the penalties of duced by the following amounts: Third Section 35A of the United States Crim regulations of the Secretary of Agricul quarter of 1946, 25,000 pounds; fourth inal Code, that I will use these tin mill ture, 9 P. R. 655, 12117, 12611; 10 P. R. quarter of 1946 and the first and second products only to make cans for prod 7609, 9581; 9 P. R. 831, 12807, 14206; 10 quarters of 1947,50,000 pounds each; and ucts designated with the letter A m. P. R. 3177; 11 P. R. 5903) the third quarter of 1947, 25,000 pounds. Column 2 of Schedule I to Order M-8I, or to make closures for glass containers Jssued this 3d day of September 1946. Issued this 30th day of August 1946. used to pack foods for human consump tion (including milk, and vegetable and W ilson R. B uie, Civilian P roduction Administration, % fruit juices, but not alcoholic or non Director, Labor Branch, Produc- alcoholic beverages), drugs, medicinale By J. Joseph W helan, tion and Marketing Adminis or biologicals. tration. Recording Secretary. JF . R. Doc. 46-15705; Filed, Aug. 30, 1946; or (il) in the case of a Canadian pur- [F. R. DOC. 46-15842; Filed, Sept. 4, 1946; chaser, a certificate in substantially the 11:05 a. m.J 4:43 p. m.] FEDERAL REGISTER, T h u rsd a y, September 5, 1946 9735 following form signed manually or as (2) No producer of tin mill products is Chapter XI—Office of Price Administration provided in Priorities Regulation 7 by an required to schedule for shipment before official duly authorized for that purpose: September 29, 1946, more than 85% of P art 1305—Administration his total anticipated monthly production The undersigned purchaser certifies of tin mill products for orders bearing [SO 177, Arndt. 3] subject to the penalties of Section 15 of either of ¿he certifications described in the Canadian Wartime Industries Con POSTPONING REIMPOSITION OF CONTROLS ON trol Regulations, to the seller, to the paragraph (c> (1) (i) or (c) (1) (ii). Canadian Priorities'Xtfficer, and to the No such producer is required to schedule CERTAIN COMMODITIES Civilian Production Administration that, for shipment after September 29, 1946, to the best of his knowledge and belief, more than 70% of his total anticipated A statement of the considerations in the undersigned is authorized, under monthly production for orders bearing volved in the issuance of this amendment applicable Canadian orders to place this these certifications. to Supplementary Order No. 177, issued delivery order, and to receive the simultaneously herewith, has been filed item(s) ordered for the purpose for 3. Paragraph (d) is revoked. which ordered. with the Division of the Federal Register. Issued this 4th day of September 1946. Supplementary" Order „ No. 177 is or (iii) a certificate authorized to be Civilian P roduction amended by changing the provisions con used under Direction 12 to M-21. Administration, tained in section 1 (b) thereof for the By J. J oseph Whelan, These'certified order? have the same regulations therein designated as “RMPR priority status as CC rated orders with Recording Secretary. the exception noted in paragraph (c) [F. R. Doc. 46-15866; Piled, Sept. 4, 1946; 148”, "RMPR 169”, and "RMPR 239”, to read as follows: (2)1 12:16% p. m.] Effective Date Regulation Commodity Sellers
AD. (1) Any person who is a “slaughterer" as defined Sept. 1, 1946. RMPR 148. in RM PR 148. (2) Any person other than a “ slaughterer” as Sept. 5, 1948. defined in RM PR 148 and who is not pro vided for in (3). (3) Sales to ship operators by “licensed ship Sept. 1, 1946 if slaughterer, otherwise Sept. 6, suppliers'* as defined in R M PR 148, and sales 1946 except on inventories acquired between to such suppliers from W. S. A. stockpiles. July 1,1946 and August 31,1946 by licensed ship suppliers. Sept. 19,1946. WSA stockpiles ac cumulated between July 1, 1946 and Aug. 31, 1946 exempt until Oct. 12, 1946, and Dcensed ship supplier’s sales to ship operators of meat purchased therefrom exempt until 10 days after date of purchase from stockpile. All. (1) Any person who is a “slaughterer” as de Sept. 1,1946. RMPR 169. fined in RM PR 148. {%) Any person other than & “slaughterer” as Sept. 5,1946. defined in RM PR 148 and who is not provided for in (3). (3) Sales to ship operators by "licensed ship Sept. 1,1946 if slaughterer, otherwise Sept. 5,1946 suppliers” as defined in RM PR 148, and sales except on inventories acquired between July 1, to such supplier? from WSA stockpiles. 1946 and Aug. 31, 1946 by licensed ship sup- )liers, Sept. 19,1946. WSA stockpiles accumu- Îated between July 1, 1946 and Aug. 31, 1946 exempt until Oct. 12, 1946, and licensed ship supplier’s sales to ship operators of meat pur chased therefrom exempt until 10 days after date of purchase from stockpile. All. (1) Any person who is a “slaughterer” as de Sept. 1,1946. RMPR 239. fined in RM PR 148. t2) Any person other than a “slaughterer" as Sept. 6,1946. defined in RM PR 148 and who is not provided for in (3). • (3) Sales to ship operators by “licensed ship Sept. 1,1946 if slaughterer, otherwise Sept. 5,1946 suppliers” as defined in RM PR 148, and sates except on inventories acquired between July l, to sudi suppliers from W. 6. A. stockpiles. 1946 and Aug. 31, 1946 by Dcensed ship sup pliers, Sept. 19,1946. WSA stockpiles accumu lated between July 1, 1946 and Aug. 31,1946 exempt until Oct. 12, 1946, and licensed ship supplier's sales to ship operators of meat pur chased therefrom exempt until 10 days after date of purchase from stockpile.
This amendment shall become effective Section 1 (b> is amended by changing has been issued simultaneously herewith September 1, 1946. the effective date with respect to “MPR and filed with the Division of.the Fed 397” from “Sept. 3, 1946” to “Sept. 9, eral Register. Issued this 30th day of August 1946. 1946.” # Revised Maximum Price Regulation No. P aul A. P orter, This amendment shall become effec 148 is amended in the following respects: Administrator. tive September 3, 1946. 1. Subparagraph (16) of § 1364.32 (a) Approved: August 30, 1946. Issued this 3d day of September 1946. is amended to read as follows: ; (16) “Intermediate distributor” means Charles F. B rannan, P aul A. P orter, Acting Secretary of Agriculture. Administrator. a person who meets all requirements of, the definition of “wholesaler” set forth in [F. R. Doc. 46-15721; Filed, Aug. 30, 1940; Approved: September 3,1946. $ 1364.32 (a) (13) hereof, except that he 6:01 p. m.] Charles F. Brannan, utilizes, but does not operate and main Acting Secretary of Agriculture. tain, the reasonable and adequate cooling and storage facilities required by the defi [F. R. Doc. 46-15800; Filed, Sept. 3, 1946; nition of wholesaler in the conduct of his Part 1305—Administration 4:43 p. m.] [SO 177, 'Arndt. 4] business. 2. Subdivision (i) of § 1364.32 (a) (26) flaxseed P art 1364—F resh, Cured and Canned is amended by changing inferior subdivi A statement of the considerations in Meat and F ish P roducts sion (d) thereof to read as follows: [RMPR 148, Arndt. 38 (5 1364.21)) volved in the issuance of this amend (d) Whose total dollar volume of sales ment to Supplementary Order No. 177, DRESSED HOGS AND WHOLESALE PORK CUTS issued simultaneously herewith, has been (whether of food or not) for the quarterly filed with the Division of the Federal A statement of the considerations in period consisting of the months of April, Register. volved in the issuance of this amendment May and June, 1946, was $125,000 or more. 9736 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 3. Subdivision (ii) of § 1364.32 (a) (26) 8. Items 9 ,10,11,17,18,19 and 21 in Schedule I (a) of § 1364.35 (Appendix A) are is amended by changing the phrase amended respectively to read as follows: therein contained which reads “except that his ‘annual total dollar volume’ of Cured Smoked Ready-to-eat sales shall be less than $500,000.00” to Green or frozen Cooked read “except that his total dollar volume Item Weight Price Weight Price Weight Price Weight Price Weight Price of sales for the quarterly period consisting, (pounds) (dol) (pounds) (dol) (pounds) (dol) (pounds) (dol) (pounds) (dol) of the months of April, May and June, 1946, was less than $125,000.00.” 9. Bellies—square cut Under 8— $20.50 Under 8— $21.75 Under 8.. $26.25 4. Subdivision (ii) of § 1364.32 (a) (26) 8-12 ___ 20.00 8-12...... 21.25 8-12...... 25.75 12-16...... 18.50 12-16..... 19.75 12-14...... 24.25 is amended by changing the phrase 16-20...... 18.00 "16-20..... 19.25 14-18...... 23.75 therein contained which reads “and set 20-22__ r 17.50 20-22.... 18.75 18-20...... 23.25 ting forth his annual total dollar volume 10. Bellies—square cut Under 8.. 23.00 Under 8.. 24.25 Under 8— 29.25 and seedless, de 8-12 .. 22.50 8-12 23.75 8-10...... 28.75 of sales.” to read “and setting forth his nuded. 12-16___ 20.75 12-16...... 22.00 10-14...... 26.00 total dollar volume of sales for the afore 16-20 __ 20.25 16-20.. .. 21.50 14-16...... 25.25 Under 12. 29.25 Under 12. 30.00 Under 10. 33.50 said quarterly period.” 12-16...... 27.75 12-16 ___ 28.50 10-14...... 32.00 5. Subdivision (iii) of § 1364.32 (a) (26) 16-20 ___ 26.75 16-20 ... 27.60 14-18...... 31.00 Over 20..25.75 Over 20.. 26.50 Over 18.. 30.00 is amended to read as follows: 17. Loins—boneless (may 44.50 45.25 not be sold to re (iii) If a ship chandler started business tailers). after April 1, 1946, he shall be deemed to 53.75 $59.00 19. Sliced Canadian ba 64.00 69.00 be a “Group II ship chandler”. However, con. after he has been in operation for three 21. Sliced Bacon—de- rinded (Note¡Price months, he shall determine what class does not include he is in upon the basis of his total dollars special wrapping, volume of sales made during his first packaging or ship ping container): three months of operations. If his total Standard grade 33.75 dollar volume of sales during his first A. Standard grade 30.75 three months of operations is $125,000.00 B. or more, he thereafter shall be deemed a Standard grade 29.50 C. “Group I ship chandler”, but if his said Sliced jowl butts. 20.00 total dollar volume of sales is less than Sliced regular 19.50 plates. $125,000.00, he shall continue to be r deemed a “Group H ship chandler”. Bacon and slices. 15.50 6. Subparagraph (27) of § 1364.32 (a) is added to read as follows: 9. Items 1, "2, 3, 4, 5, 6, and 7 in Schedule I (b) of § 1364.35 (Appendix A) (27) “Processor” means a person who are amended respectively to read as follows: is not a “wholesaler” or an “intermediate distributor” or a “slaughterer” as defined Green or in this § 1364.32 (a), whose business con Item frozen Cured Smoked Barbecued sists of the purchase of meat and its resale in the form of wholesale meat cuts 1. Fat backs: which may be processed by him, who uti Under 12 pounds...... L...... $14.25 $14.50 $16.75 12-16...... -...... 14.75 15.00 17.25 lizes reasonable and adequate cooling and Over 16 pounds...______... 15.25 15.50 17.75 storage facilities in the conduct of such 2. Fat back ends or squares...... ______13.50 13.75 16.00 3. Bellies or belly squares—Dry salt trim (clear or business in such a manner that during rib )...... :•...... 17.00 17.75 20.75 each current calendar month the total 4. Plates and jowls: Clear plates..*.....______. ______12.25 • 12.75 15.25 amount of meat and meat by-products Regular plates______13.25 13.75 16.25 sold by him out of stock carried in such Jowl butts'.___...... 12.25 12.75 15.25 facilities constitutes not less than 90 per Square jowl butts...... 13.75 14.75 18.25 cent of the total poundage of such prod ucts sold by him during that month. % Packed in Loose tierces 7. Subparagraph (3) of § 1364.32 (d) is C. Spareribs: amended' by the addition at the end ■ 3 pounds or less______19.25 $19.25 $20.75 25.50 thereof of a sentence to read as follows: 3 to 5 pounds__;______16.75 16.75 18.25 23.00 6 pounds or over..______15.25 15.25 16.75 21.50 Notwithstanding the foregoing provi 6. Barbecue ribs, brisket bone off. 21.75 “21.75 22.75 28.75 $34.00 sions of this § 1364.32 (d) (3) on and 7. Loin rib s...______20.00 20.00 21.50 26.25 30.60 after September 1, 1946, the highest price quoted for live hogs of the appli cable weight in the igsue of the Chicago 10. Items 3,4, 5, 6, 7, and 8 in Schedule 11. Items 7, 8, 9,10 and 11 in Schedule Daily Livestock Marketing Report of the I (d) of § 1346.35 (Appendix A) are I (e) of § 1364.35 (Appendix A) are Agricultural Marketing Administration amended respectively to read as follows: amended respectively to read as follows: of the United States Department of Ag riculture covering live hog marketings Yield of Fresh or Cured curing lot Item frozen made on September 1, 1946, or the first in per market day thereafter, shall be used in Item Price centage of computing the “current Chicago live hog green $13.00 weight 12.25 price” until such time as a computation 13.00 of the “current Chicago live hog price” 10. Skinned ham fat...... 13.00 $12.50 3. Aged, dry cured bacon...... $31.50 80 11. Skinned shoulder fat_____ 13.00 made in accordance with the provisions 4. Aged, dry cured sides of this § 1364.32 (d) (3) preceding this (packer)...... 30.00 80 5. Aged, dry cured sides sentence will require the use of highest (country) (May be sold 12. Items 13, 14, and 15 in Schedule price quotations for a market day subse by farmers only)...... 28.00 80 6. Aged, dry cured bacon I (f) of § 1364.35 (Appendix A) are quent to the market day above named; sides (boneless)______28.50 80 amended respectively to read as follows: and upon the date such latter computa 7. Aged, dry cured bacon sides tion can be made the provisions of this (sparerib in)...... 27.60 80 § 1364.32 (d) (3) preceding this sentence 8. Aged, dry cured jo w ls...... 18.25 85 shall be restored to full forcò and effect and the requirements of this sentence no longer shall remain in effect. FEDERAL REGISTER, T h u rsd a y, September 5, 1946 9737 sale as defined in subdivision (ii) of Cured Price § 1364.32 (2) (10) made by a seller other Canned pork items Size of can per 100 pounds than a wholesaler, an intermediate dis tributor or a processor. frozen l)é-lb...... $34.70 Smoked Fresh or Loose Tierces 27. Sliced bacon (FDA speci- 24. Subparagraph (1) and (2) of fications). 7-lbs...... 34 45 Sliced bacon (c. q. d . 155 A IJi-lb...... 37.45 Schedule HI (e) of § 1364.35 (Appendix 13. Pork tenderloins, loose... $38.60 specifications). 7 lbs...... 37.20 A) are amended respectively, to read as 38.00 28. Slab bacon (type II, c. q. d. 12lbs...... 30.70 15. Pork chops (this price 33 E specifications). 141bs--...... 30.45 follows: applicable to sales to 34. Sliced bacon (type II, c.q. 5 or 5H lbs___ 35.45 purveyors of meals d. 33 E specifications). 7H lbs...... 35.20 (1) To a purveyor of meals other than 32.75 14 or 16 lbs___ 34.95 a ship operator by a slaughterer, and if such sale is not negotiated by a broker, 13. Items 1, 2, 3 and 4 in Schedule 15. Item 3 in Schedule I (i) of § 1364.35 $0.50. I (g) of § 1364.35 (Appendix A) are (Appendix A) is amended to read as (2) To a purveyor of meals other than follows: a ship operator by one other than a amended respectively to read as follows: slaughterer and if the sale is not negoti ated by a broker: Weight Price Container and net weight (pounds) (i) If the seller also is not a wholesaler or an intermediate distributor------$2. 50 8. Bacon, square cut seedless, Under 10____ $29.00 (ii) If the seller is a wholesaler or an smoked 96 hours, wrapped. 10-14_ ____ 27.50 intermediate distributor------2.75 Pieces per barrel 14-18 _ . 27.00 25. Subparagraph (3) of Schedule III each each (e) of § 1364.35 (Appendix A) is amended 16. Subdivision (i) of Schedule IH (d) poundseach by changing the amount “$.75” appear 25 25 pounds each 50 pounds each (2) of § 1364.35 (Appendix A) is amended One-half barrel, 100 barrel,One-half 100 Barrel, pounds 200 Kit, 13 pounds I One-eighth barrel, One-quarterbarrel, ing at the end thereof to read “$1.00”. by changing the amount “$2.50” appear 26. Subparagraph (4) of Schedule III ing therein to read “$2 75”. FAT BACK POEK (e) of § 1364.35 (Appendix A) is amended 17. Subdivision (ii) of Schedule HI (d) by changing the amount “$.50” appear 1. 30-40 or 40-50____ _ $2.04 $4.98 $9.70 $18.85 $35.75 (2) of § 1364.35 (Appendix A) is amended 2. 50-60 or 60-70_____ 2.89 4.88 9.50 18 50 35.00 ing at the end thereof to read “$.75”. 3. 70-80 or 80-100 or by changing the amount “$2.00” appear 27. Subparagraphs (5), (6), (7) and 100-125...... 2.79 4.78 9.25 18.00 34 00 ing therein to read “$2.25”. (8) of Schedule HI (e) of § 1364.35 (Ap 18. i n ' PLATE PORK Subdivision (iii) of Schedule (d) pendix A) are amended, and subpara (2) of J 1364.35 (Appendix A) is amended graph (9) of Schedule III (e) of § 1364.35 4. 25-35 or 35-44. ___ 2.51 4.05 7.85 15.25 28.50 by changing the amount “$2.00” appear (Appendix A) is added, respectively to ing therein to read “$2.25”. read as follows: 19. Subdivision (iv) of Schedule i n (d) 14. Items V 2, 13, 14, 15, 16, 19, 20, 27, (5) To one other than a purveyor of 28 and 34 in Schedule I
Schedule II —C eiling P rices for Live H ogs Schedule i n —Ceiling P rices for Live Hogs Schedule IH —Ceiling Prices for L ive H ogs W h ic h Are W eighed for Sale at I nterior W h ic h Are Weighed F or Sale at Buying W h ic h - Are W eighed F or Sale at Buying Markets—Continued Stations—Continued S tations—Continued Per cwt. 6. Montana: Per cwt. 14. Nebraska—Continued. Per cwt. New Salisbury, lUft______$16. 90 (a) Liberty, Chouteau, J u d i t h (e) Dawes, Box Butte, Morrill, Ottumwa, Iowa______15. 70 Basin, Wheatland, Sweet Grass, Cheyenne, Sioux, Scotts Bluff, Phoenix? Ariz______16. 60 Stillwater, Carbon, Hill, Blaine, Banner, Kimball______$15. 55 Phoenixville, Pa______16: 35 Phillips, Valley, Daniels, Sheri 15. Kansas: Pittsburg, Kans____ *______15. 60 dan, Roosevelt, Fergus, Garfield, (a) ' Nemasha, Brown, Doniphan, Poughkeepsie, N. Y______16: 35 McCone, Richland, Dawson, Pe Jackson, Atchison, Jefferson, Punxsutawney, Pa______16.20 troleum, Golden Valley, Mussel Leavenworth, Wyandotte, Shaw Purcellvilie, Va______;------16.10 shell, Rosebud, Prairie, Wibaux, nee, Douglas, Johnson, Osage, Reading, Pa______16.35 Franklin, Miami, Coffey, Ander Reno, Nev______16. 60 Fallon, Custer, Carter, Powder River, Big Horn, Treasure, Yel- son, Linn, Woodson, Allen, Bour Salem, Va______15.90 bon, Wilson, Neosho, Crawford, San Diego, Calif------16. 80 lowstone _s______$15. 90 .(b) All counties except those cited Montgomery, Labette, Cherokee- 15. 45 Scotts Bluff, Nebr.______15. 70 (b) Republic, Washington, Mar Secaucus, N. J______I------16. 35 in 6 (a)______16.00 7. Wyoming: shall, Cloud, Clay, Riley, Potta Sheridan, Wyoming------15. 70 watomie, Ottawa, Saline, Dickin Tacoma, Wash______.______16. 80 (a) Sheridan, Johnson, Natrona, Carbon, Campbell, Converse, Al son, Geary, Wabaunsee, Morris, Tallahassee, Fla______15. 60 McPherson, Marion, Chase, Lyon, Terre Haute, Hid______15.95 bany, Crook, Weston, Niobrara, Thomasville, Ga------15. 60 Platte, Goshen, Laramie______15. 55 Harvey, Sedgwick, Butler, Green Tit ton, Ga______15. 60 (b) All counties except those cited wood, Elk, Sumner, Cowley, Chau Topeka, Kans------15.65 in 7 (a)______15.70 tauqua ______15. 40 Union City, Tenn______15. 65 8. U tah______- ...... 16.00 (c) Norton, Phillips, Smith, Jewell, Utica, N. Y______16. 35 9. Cblorado: Graham, Rooks, Osborne, Mitch Walla Walla, Wash__------16. 50 (a) Logan, Sedgwick, Phillips, ell, Trego, Ellis, Russell, Lincoln, Waterloo, Iowa______.______15. 70 Yuma, Kit Carson, Cheyenne, Ellsworth, Ness, Rush, Barton, Watertown, S. Dak______15. 55 Kiowa, Otero, Bent, Prowers, Rice, Hodgewan, Ford, Pawnee, Wheeling, W. Va______- 16-10 Huerfano, Las Animas, Baca------15.50 Edwards, Stafford, Reno, Clark, Wilmington, Del______16.35 (b) Larimer, Weld, Morgan, Wash Kiowa, Comanche, Pratt, Barber, ington, Lincoln, Crowley, Pueblo, Kingman, Harper-----;------15. 30 10. Schedule III of section 13, Ap Fremont, Custer______15. 60 (d) All counties except those cited pendix A, is amended to read as follows :5 (c) Boulder, Gilpin, Clear Creek, in 15 (a), 15 (b> and 15 (c>----- 15.45 Jefferson, Denver, Adams, Ara 16. Oklahoma______15.40 Schedule III—Ceiling P rices for Live H ogs pahoe, Park, Douglas, Elbert, Tel 17. Texas: W h ic h Ark W eighed F or Sale at B uying ler, El Paso______15.70 (a) Dallam, Sherman, Hansford, Stations (d) All counties except those cited Ochiltree, Lipscomb, Hartley, in 9 (a), 9 (b) and 9 (c)_— ----- 15.60 Moore, Hutchinson, Roberts, 1. Washington: Per cwt. Hemphill, Oldham, Potter, Car- (a) Counties of Ferry, Stevens, 10. Arizona______16. 50 Pend Oreille, Lincoln, Spokane, 11. New Mexico : son, Gray, Wheeler, Deaf Smith, Adams, Whitman, Franklin, Walla (a) Colfax, Union, Mora, Harding, Randall, Armstrong, Donley, Col Walla, Columbia, Garfield, Aso San Miguel, Guadaloupe, Quay, lingsworth, Parmer, Castro, tin ______$16. 40 Curry, De Baca, Roosevelt, Chaves, Swisher, Briscoe, Hall, Childress, (b) All counties except those cited Lea, Eddy______15.50 Bailey, Lamb, Hale, Floyd, Motley, in 1 (a) and 1 (c)------.----- 16.70 (b) All counties except those cited Cottle, Cochran, Hockley, Lub (c) Okanogan, Douglas, Chelan, in 11 (a)______16. 00 bock, Crosby, Dickens, King, Kittitas, Grant, Yakima, Benton, 12. North Dakota: Yoakum, Terry, Lynn, Garza, K lickitat______16.55 (a) All counties except those listed Kent, Stonewall, Gaines, Dawson, 2. Oregon: in 12 (b)------15.20 Borden, Scurry, Andrews, Martin, (a) Umatilla, Union, W a llo w a , (b: Cavalier, Pembina, Ramsey, Howard, Mitchell, Loving, Wink Grant, Baker, Harney, Malheur, Walsh, Nelson, Grand Forks, ler, Ector, Midland, Glasscock, Curry, Josephine, Jackson, Kla Eddy, Foster, Griggs, Steele, Sterling, Ward, Crane, Upton, math, Lake______16- 40 Traill, Stutsman, Barnes, Cass, Reagan, Irion, Crockett, Val (b) All counties except those cited La Moure, Ranson, Dickey, Sar Verde, Terrell, Pecos, Brewster,^ in 2 (a) and 2 (e)------16. 55 gent, Richland______15. 30 Presidio, Jeff Davis, Reeves, Cul (c) Clatsop, Columbia, Washing 13. South Dakota: berson, Hudspeth, El Paso—- — 15. 50 ton, Multnomah, Tillamook, (a) Jerauld, Aurora, Douglas, (b) All counties except those cited Yamhill, Clackamas, Polk, Ma Charles Mix, Brown, Marshall, in 17 (a)------15. 65 rion, Linn, Benton, Lincoln----1— 16. 70 Day, Roberts, Spink, Clark, Cod 18,. Minnesota: 3. California: ington, Hamlin, Grant, Beuel, (a) Kittson, Roseau, Lake of the (a) Del Norte, Modoc, Humboldt, Beadle: Klingsbury, Brookings, Woods, Marshall, Pennington, Red Trinity, Shasta. Lassen, Siskiyou- 16. 40 Sanborn, Miner, Lake, Moody, Lake, Polk, Clearwater, Beltrami, (b) Mendocino, Tehama, Glenn, Davison, Hanson, McCook, Min Koochiching, Itasca, St. Louis, Butte, Plumas------16. 50 nehaha, Hutchinson, ’turner, Lake, Cook, Normal, Mahnomen, (c) Sutter, Yuba, Sierra, Nevada, Lincoln, Bon Homme, Yankton, Clay, Becker, Hubbard, Wadena, Placer, Eldorado, Amador, Cala Clay, Union______15. 40 Cass______15. 35 veras, Alpine, Toulumne, Lake, (b) All counties except those cited (b) All counties except those cited Colusa______16. 60 in 13 (a)______15.30 in 18 (a), 18 (c) and 18 (d)------15.40 (d) Monterey, San Benito, Merced, 14. Nebraska: (c) Sibley, Scott, Dakota, Nicollet, Mariposa, Mono, Madera, Fresno, (a) Knox, Cedar, Dixon, Antelope, Le Sueur, Rice, Goodhue, Wa E^ngs, TUlare, Inyo------16. 50 Pierce, Wayne, Dakota, Thurston, basha, Brown, Watonwan, Blue Madison, Stanton, Cuming, Burt, Earth, Waseca, Steele, Dodge, (e) San Luis Obispo, Kern, Santa Platte, Colfax, Dodge, Washing Olmsted, Martin, Faribault------15. 50 Barbara, Ventura, Los Angeles, ton, Butler, Saunders, Douglas, (d) Freeborn, Mower, Fillmore, Orange, San Bernardino, River Sarpy, Seward, Saline, Lancaster, Houston, Winona______15. 55 side, San Diego— ------16. 70 Cass, Otoe, Jefferson, Gage, John- 19. Iowa: (f X Imperial------.------16. 60 . jSQn, Nemasha_-______15. 40 (a) Lyon, Osceola, Dickinson, Sioux, (g) All counties except those cited (b) Keya Paha, Boyd, Brown, Rock, O’Brien, Clay, Plymouth, Chero in 3 (a), 3 (b), 3 (c),3 (d),3 (e) Holt, Blaine, Loup, Garfield, kee, Buena Vista, Woodbury, Ida, and 3 (f) ------‘------16. 70 Wheeler, Custer, Valley, Sherman, Sac, Monona, Crawford, Carroll, 4. Nevada ______16. 50 Greeley,’ Howard, Boone, Nance, Harrison, Shelby, Audubon, Pot 5. Idaho: Merrick, Polk, Dawson, Buffalo, tawattamie, Cass, Mills, Mont Hall, Hamilton, York, Gosper, gomery, Adams, Fremont, Page, (a) Boundary, Bonner, Kootenai, Taylor______15.45. Benewah, Shoshone, Latah, Clear Phelps, Kearney, Adams, Clay, (b) Emmet, -Palo Alto, Kossuth, water, Nez Perce, Lewis, Idaho_16.30 Filmore, Furnas, Harlan, Frank- Winnebago, Hancock, Pocahon (b) Adams, Washington, Valley, lin, Webster, Nuckolls, Thayer__ 15. 35 tas, Humboldt, Wright, Calhoun, Payette, Gem, Boise, Canyon, (c) All counties except those cited Webster, Hamilton, Greene, Ada, Elmore, Owyhee------16.20. in 14 (a), 14 (b), 14 (d) and Boone, Guthrie, Dallas, Adair, (c) All counties except those cited 14 (c)______15.45 Madison, Union, Clarke, Ring- in 5 (a) and 5 (b )------—- 16. IQ (d) Sheridan, Garden and Deuel-- 15,50 gold, Decatur______. 15. 50. 9740 FEDERAL REGISTER, Thursday, September 5, 1946
Schedule III—Ceiling P rices for Live H ogs Schedule in—Ceiling P rices for Live H ogs Schedule I I I —Ceiling P rices for Live H ogs W h ic h Are W eighed for S ale at Buying W h ic h Are W eighed for S ale at Buying W h ic h Are W eighed for Sale at Buying Stations—Continued. S tations—Continued. STATiONS-r-Continued. pRf cwi 19. Iowa—Continued. Per cwt. 25. Michigan—Continued. ' 32. Maine______$16.25 (c) Worth, Mitchell, Cerro Gordo, (b) Lower Michigan—Continued. Per cwt, 33. New Hampshire______16. 25 Floyd, Franklin, Butler, Hardin, saukee, Roscommon, Mason, 34. Vermont______16.25 Grundy, Story, Marshall, Polk, Lake, Antrim, Ogemaw, Iosco— $15.75 35. Massachusetts______16.25 Jasper, Warren, Marion, Lucas, (2) All other counties in Lower 36. Connecticut_.’______—------_ 16.25 Monroe, Wayne, Appanoose____ $15.55 Michigan______- 15.85 37. Rhode Island______- 16.25 (d) All counties except those cited 26. Indiana. 38. New York: in 19 (a), 19 (b) and 19 (c)------15. 60 (a) La Porte, Starke, St. Joseph, (a) Niagara, Orleans, Monroe, Erie, 20. Missouri: M arshall, Elkhart, Koscieusko, La Genesee, Wyoming, Livingston, (a) All counties except those cited Grange, Noble, Steuben, De Kalb, Chautauqua, Cattaraugus, Alle in 20 (b), 20 (c) and 20 (d) and Pulaski, Fulton, Whitley, Allen, gany ------16.10 ^ 20 (e)______— 15.50 White, Cass, Miami, Wabash, (b) All counties except those cited (b) Putnam, Schuyler, Sullivan, Huntington, Wells, Adams, Car- in 38 (a)______16.25 Adair, Linn, Macon, Chariton, roll, Howard, Grant, Blackford, 39. New Jersey______16.25 Randolph, Howard, Boone, Coop Jay, Randolph, Wayne, Fayette, 40. Pennsylvania; er, Morgan, Moniteau, Cole, Mill Union, Franklin, Ripley, Dear (a) Erie, Crawford, Warren, Mc er, Camden, Pulaski, Dallas, born, Ohio, Switzerland______15. 80 Kean, Potter, Mercer, Venango, Laclede, Webster, Wright, Doug (b) Knox, Daviess, Martin, Law Forest, Elk, Cameron, Lawrence, las, Ozark______- 15.55 rence, Jackson, Jennings, Jeffer Butler, Clarion, Jefferson, Clear (c) Scotland, Clark, Knox, Lewis, son, Scott, Clark, Washington, field, Beaver, Armstrong, Indiana, Shelby, Marion, Monroe, Balls, Harrison, Orange, Crawford, Washington, Allegheny, West Audrain, Callaway, Osage, Maries- 15.60 Perry, Dubois, Spencer, Pike, moreland, Cambria, Greene, Fay (d) Phelps, Dent, Texas, Shannon, Warrick, Gibson, Vanderburgh, ette, Somerset______16.10 Reynolds, Wayne, Stoddard, Posey, Floyd.______15. 70 (b) All counties except those cited Scott, Mississippi, Howell, Ore (c) All counties except those cited in 40 (a)______16.28 gon, Carter, Ripley, Butler, Dunk in 26 (a) and 26 (b)------— 15.75 41. Delaware------16.25 lin, New Madrid, Pemiscot____ - 15.55 27. Ohio: 42. Maryland __ . . . . — ------16.25 (e) Pike, Montgomery, Lincoln, (a) Ashtabula, Trumbull, Mahon 43. Virginia: x Warren, St. Charles, Gasconade, ing, Columbiana, Carroll, Coshoc (a) Frederick, Clarke, Loudoun, Franklin, St. Louis, Jefferson, ton, Tuscarawas, Harrison, Jeffer Fairfax, Arlington, Prince Wil Crawford, Washington, St. Fran son, Muskingum, Guernsey, Bel liam, Fauquier, Warren, Shenan cois, Ste. Genevieve, Perry, Iron, mont, Perry, Morgan, Noble, doah, Rockingham, Page, Rappa Madison, Bellinger, Cape Girar- Monroe, Hocking, Athens, Wash hannock, Madison, Greene, Cul deau ______- ______15. 65 ington, Vinton, Meigs, Jackson, peper, Orange, Stafford, Augusta, 21. A rkansas______—______15.40 Gallia, Scioto, Lawrence______15.95 Highland______— 16.00 22. Louisiana______15.25 (b) Lake, Geauga, Portage, Stark, (b) Isle of Wight, Nansemond, 23. Wisconsin: Summit, Cuyahoga, Medina, Southhampton, Surry and Sus (a) Douglas, Bayfield, Ashland, Wayne, Holmes, Lorain, Erie, sex___ .u______—-— — — * 15.90 Iron, Vilas, Burnett, Washburn, Huron, Ashland, Richland, Knox, (c) All counties except those cited Sawyer, Price, Oneida, Polk, Bar Morrow, Delaware, Licking, in 43 (a) and 43 (b)------— 15.80 ron, Rusk, Bt. Croix, Pierce, Dunn, Franklin, Fairfield, Pickaway, 44. West Virginia..—. — ------— - 16- 00 Chippewa, Taylor, Lincoln____ 15.45 Fayette, Ross, Highland, Pike, 45. North Carolina.—____ _—— - 15.80 (b) Vernon, Crawford, Richland, Adams, Clinton, Brown______15.90 46. South Carolina—___— ------15.65 Sauk, Grant, Iowa, Lafayette.__ 15.60 (c) All counties except those cited 47. Georgia: (c) Florence, Forest, Langlade, Ma U 37 (a) and 27 (b)_____ ------15.85 (a) Harris, Talbot, Upson. Craw rinette, Pepin, Eau Claire, Clark, 28. Kentucky: ford, Bibb, Twiggs, Wilkinson, Marathon, Buffalo, Trempealeau, (a) Marshall, Calloway, Graves, Washington, Jefferson, Glascock, Jackson, Wood, Portage, LaCrosse, McCracken, Ballard, Carlisle, Richmond, Muscogee, Chatta Monroe, Juneau, Adams______15. 55 Hickman, Fulton______— 15. 60 hoochee, Marion, Taylor, Peach, (d) Shawano, Oconto, Waupaca, (b) Robertson, Mason, Lewis, Houston, Macon, Bleckley, Lau Outagamie, Brown, Kewaumee, Greenup, Carter, Boyd, Bourbon, rens, Johnson, Burke, Schley, D o o r ___.______15.60 Nicholas, Fleming, Bath, Rowan, Stewart, Webster, Sumter, Dooly, (e) All counties except those cited Elliott, Lawrence, Clark, Mont Pulaski, Dodge, Wheeler, Treut in 23 (a), 23 (b), 23 (c) and 23 gomery, Menifee, Morgan, John len, Emanuel. Jenkins, Screven, (d) ...... - ______15. 70 son, Martin^ Powell, Wolf, Magof Quitman, Randolph, Tarrell, Lee, 24. Illinois: fin, Madison, Estill, Lee, Brea Crisp, Wilcox, Telfair, Mont (a) Jo Daviess, Stephenson, Carroll, thitt, Floyd, Pike, Rockcastle, gomery, Toombs, Candler, Bul Whiteside, Rock Island, Mercer, Jackson, Owsley, Laurel, Whitley, loch, Effingham, Evans, Tattnall, Henry, Bureau, Henderson, War Clay, Khox, Bell, Perry, Leslie, Clay, Calhoun, Dougherty, Worth, ren, Knox, Stark, Marshall, Put Harlan, Knott, Letcher, Carroll, Turner, Ben Hill, Jeff Davis, Ap nam, Peoria, Woodford, Hancock, Galatln, Boone, Renton, Camp pling, Wayne, Long, Liberty, McDonough, Fulton, Tazewell, bell, Owen, Grant, Pendleton, Bryan, Chatham, Early, Baker, Adams, Schuyler, Brown, Cass, Bracken, Franklin, Scott, Harri Miller, Seminole, Decatur, Mitch Mason, Menard, Logan, Sanga son, Woodford, Fayette, Mercer, ell, Grady, Thomas, Colquitt, mon ______15. 65 Jessamine, Boyle, Garrard, Lin Tift, Irwin, Coffee, Bacon, Cook, (b) All counties except those cited coln, Pulaski, Wayne, McCreary— 15.80 Berrien, Atkinson, Ware, Pierce, in 24 (a) and 24 (c)______15. 70 (c) All counties except those cited McIntosh, Glynn, Brooks, Lown (c) Christian, Fayette, Effingham, in 28 (a) and 28 (b)______15. 70 des, Lanier, Echols, Clinch, Jasper, Crawford, Pike, Scott, 29. Tennessee: Charlton, Brantley, Camden------15. 50 Morgan, Calhoun, Green, Jersey, (a) Lake, Obion, Weakley, Henry, (b) All counties except those cited Macoupin, Montgomery, Madison, Dyer, Gibson, Carroll, Benton, in 47 (a)— — ------—— 15.65 Bond, Monroe, St. Clair, Clinton, Lauderdale, Crockett, Madison, 48. Florida______— ...... — 15.50 Washington, Marion, Clay, Rich Henderson, Decatur, Tipton, Hay 49. District of Columbia------— 15.80 land, Lawrence, Jefferson, Wayne, wood, Shelby, Fayette, Hardeman, This amendment shall become effec Edwards, Randolph, Perry, Frank Chester, McNairy, Hardin______15. 55 tive September 1, 1946. lin, Hamilton, White, Jackson, (b) All counties except those cited in 29 (a)...... — 15.70 No te: The record keeping requirements of Williamson, Saline, Gallatin, this amendment have been approved by the Union, Johnson, Pope, Hardin, 30. Mississippi______15. 40 31. Alabama: Bureau of the Budget in accordance with the Pulaski, Massac, Alexander, Federal Reports Act of 1942. Wabash.______- 15.65 (a) Choctaw, Washington, Mobilp, 25. Michigan: Marengo, Clarke, Baldwin, Wilcox, Issued this 30th day of August 1946. Monroe, Dallas, Conecuh, Escam P aul A. P orter, (a) Upper Peninsula ______- 15.55 bia, Autauga, Lowndes, Butler, Administrator. (b) Lower Michigan; Covington, Crenshaw, Mont (1) Emmet, Cheboygan, Presque gomery, Elmore, Lee, Macon, Rus Approved: August 30,1946. Isle, Charlevoix, Otsego, Mont sell, Bullock,,Pike, Barbour, Cof Charles P. B rannan, morency, Alpena, Leelanau, fee, Dale, Henry, Geneva, Hous- Acting Secretary of Agriculture. Benzie, Grand Traverse, Kala- to n ______-____ 15.50 kaska, Crawford, Oscoda, Al (b) All counties except those cited [F. R. Doc. 46-15714; Filed, Aug. 30, 1946; cona, Manistee, Wexford, Mls- in 31 (a)______15.65 6:00 p. m.] FEDERAL REGISTER, T h u rsd a y, September 5, 1946 9741
[All prices are on dollars per hundredweight basis; the . Part 1400—Textile F abrics: Cotton, (aa) (1) Restriction on producers’ and price for any fraction of a hundredweight shall be re W ool, Silk, S ynthetics „ and Admix converters’ sales at Class II markup, (i) duced accordingly.] Except as provided in (ii) below, the per tures centage of total sales of finished piece [MPR 127,1 Amdt. 52] goods on which a producer or converter Grade may charge a Class n markup, in any „ FINISHED PIECE GOODS calendar month, shall be no greater in Steer or heifer Choice Com or Good mer relation to his total sales of finished AA* or A 1 cial A statement of the considerations in piece goods than the percentage of total or B 1 volved in the issuance of this amend sales of such goods made in 1941 to per ment has been issued simultaneously (i) Beef carcass or side...... $24.05 $22.75 $17.30 sons who are now defined as Class II (ii) Hindquarter______26.75 25.15 18.55 herewith and filed with the Division of purchasers (exclusive of chain store (iii) Forequarter______21.60 20.60 16.30 sales). (iv) Round______27.05 25.40 18.55 the Federal Register, (v) Trimmed full loin...... 34.30 32.15 22.80 Maximum Price Regulation No. 127 is (ii) A producer or converter who dur (vi) Flank...... — 12.80 12.80 12.80 ing 1941 sold finished piece goods to per (vii) Flank steak...... 23.30 23.30 23.30 amended in the following respects: (viii) Short loin...______37.30 34.65 25.05 1. Section 140(178 (d) is amended to sons now defined as Class II purchasers, (ix) Sirloin...... 31.80 30.15 20.80 and who does not desire to examine his (x) Cross cut chuck...... 21.80 20.55 15.80 read as follows: (xi) Regular chuck...... 24.80 23.15 17.30 sales records in order to determine the (xii) Brisket...... 16.55 16.55 14.55 (d) Sales of finished piece goods to exact amount of such sales, may charge (xiii) Foreshank...... 11.80 11.80 11 80 manufacturers, repairers, and alterers of a Class n markup on sales to Class II (xiv) Rib...... 28.80 27.15 20.80 (xv) Short plate...... 13.80 13.80 13.05 fur garments by a furrier supplier who:. purchasers to an extent which does not (xvi) Back...... 25.80 24.15 18.30 (1) On or before August 31, 1942 filed exceed 5% of his total dollar sales of (xvii) Triangle______20.25 19.30 15.30 his name and address with the Office of finished piece goods in any calendar (xviii) Arm chuck...... 22.85 21.50 16.55 Price Administration, Washington, D. C„ month; Provided, That, he, has filed a certifying that he was a furrier supplier statement with the Office of Price Ad Grade as defined in § 1400.81 (a) (15) of Maxi ministration, Washington 25, D. C. (and received an acknowledgment thereof) Bologna mum Price Regulation 127, or bulls (2) . Was eligible to file with the Officestating: Steer or heifer (equiv Utility Cutter, alent of Price Administration on or before (a) That during the year 1941 he sold or O » canner cutter August 31,1942, as a furrier supplier but finished piece goods to persons now de oc D 1 and canner who failed to do so, and who files his fined as Class n purchasers, and grade) name and address with the Office of (b) That he intends to charge a Class Price Administration. Washington, D. C. n markup on sales to Class II purchas (i) Beef carcass or side____ $15.30 $12.55 $13.30 ers to an extent not to exceed 5% of 16.05 12.80 13.30 prior to September 30, 1946, certifying (iii) Forequarter______14.80 12.30 13.30 that he is a furrier supplier as defined in his total sales of finished piece goods in 15.80 12.80 19.55 § 1400.81 (a) (15) of Maximum Price any calendar month. (vi) Flank...... 12.80 Regulation 127, or 23.30 This amendment shall become effec 21.80 (3) Commenced doing business as a tive September 4, 1946. 17.80 furrier supplier after August 31, 1942, 14.30 Note: The reporting requirements of this 15.») and before July 21, 1945, and files his amendment hare been approved by the Bu 14.55 11.80 name and address with the Office of reau of the Budget in accordance with the 18.30 Price Administration. Washington, D. C. Federal Reports Act of 1942. 13.05 / 16.06 prior to September 30, 1946 certifying Issued this 4th day of September 14.05 that he is a furrier supplier as defined 1946. 14.80 in § 1400.81 (a) (15) of’Maximum Price P aul A. P orter, Regulation 127. Administrator. 2. In § 1364.452 (d) (3) the text pre 2. Section 1400.81 (a) (3) is amended [F. R. Doc. 46-15848; Filed, Sept. 4, 1846; ceding the table of prices and the table to read as follows: 11:22 a. m.] of prices are amended to read as follows: (3) “Class I purchaser” means any (3) Kosher beef wholesale cut prices person other than those enumerated in applicable in Zone 4. Subject to the pro subparagraph (4) of this paragraph. visions of paragraph (k) of this § 1364.452 3. Section 1400.81 (a) (4) is amended P art 1364—F resh, Cured and Canned and paragraph (b) of Schedule III to read as follows: Meat and F ish Products (§ 1364.454), the applicable zone prices of (4) “Class n purchaser” means a re [RMPR 169, Amdt. 74, (§ 1364.401)] Kosher wholesale cuts for Zone 4 are as tailer (whether independent retailer or follows: BEEF AND VEAL CARCASSES AND WHOLESALE chain store but not including a mail [All prices are on dollars per hundred weight basis; the CUTS price for any fraction of a hundredweight shall be re order house purchasing for mail order duced accordingly.] sale) purchasing finished goods in cut A statement of the Considerations in lengths of 40 yards or less for resale as volved in the issuance of this amendment Grads such at retail; a private hospital or other has been issued simultaneously herewith similar private institution; a hotel; and filed with the Division of the Federal steamship company; canvasser; tailor Register. supply store; tailor trimming store; dec Revised Maximum Price Regulation Steer or heifer Choice Com or Good mer orative goods jobber; interior decorator; No. 169 is amended in the following re AA or A cial milliners’ supply house; custom shirt spects: 'or B maker’s supply house; or any purchaser 1. In § 1364.452 (d) (2) the text pre of a similar class not specifically enum ceding the table of prices and the table (i) Forequarter...... $22.50 $21.50 $17.20 erated herein. of prices are amended to read as follows: (ii) Triangle...... 21.15 20.20 16.20 (iii) Cross cut chuck...... 22.70 21.45 16.70 4. Section 1400.82 (aa) is added to (2) Beef carcass and beef wholesale (iv) Regular chuck...... 25.70 26.05 18.20 read as follows: (v) Brisket______17.45 17.45 15.45 cut prices applicable in Zone 4. Subject (vi) Foreshank______12.70 12.70 12.70 to the provisions of paragraph (k) of (vii) Short plate.»...... 14.70 14.70 13.95 110 F. R. 14507, 15006; 11 F. R. 1783, 2075, (viii) Arm chuck...... 23.75 22.40 17.45 2224, 2986, 3863, 14628, 4339, 4541, 5120, 5542, this § 1364.452, the applicable zone prices (ix) Rib...... 20.70 28.05 21.70 7282. for Zone 4 are as follows: 9742 FEDERAL REGISTER» Thursday, September 5, 1946
(Zone prices per hundredweight in carload or less than (All prices are on a dollars per hundredweight basis. Grade carload quantities; frozen and packaged. The. price for The price for. any fraction of a hundredweight shall be any fraction of a hundredweight shall be reduced accord reduced accordingly. The prices set forth herein Include ingly. Additions and deductions of schedules in and cost of packaging, boxing and freezing. The additions (Equiv II, respectively, are not applicable.) set forth in 8 1364.454 (f) may not be charged.) Steer or heifer alent Utility Cutter, cutter or 0 canner and Grade Grade orD • canner grade) Price zone Choice Good-or Commer Fabricated beef cuts Com Util or A A A cial or B Choice Good mer ity (i) Forequarter...... $15:70 $13.20 $14.20 orA-A. or A cial or C 14.95, or B 15.20 1...... $42:75: $89.45 $30.00 16.20- 2-___:...... 41.70. 38.40 28.95 15.45 3...... 40:25 36.95 27:50 (xxxvi) Inside (top) round 12.70 4...... 40.25 36:95 27.50 (corned) mid outside (bot 13:95 5 ...... 41.00 37. 70 28.25 tom) round (corned) *___ $43.60 $43.60 $27.75 $27.75 15.70 6...... - 41. 35 38.05 28.60 (ix) Rib...... 19.20 7:...... 41.70 38.40: - 28.95 8...... 42.00 38.75‘ 29:30 ...... — .1. ■— 9...... 42.40 39.10 29.65 7. In § 1364:452 (o) (5) the text and 10...... 42.75 39.-45 30.00 table of prices are amended to read as 3. In § 1364.452 (1) (2) the text and follows: table of prices are amended to read as follows: 6. In § 1364.452 (o) (4) the text and (5) The fabricated beef cut prices ap table of prices are amended to read as plicable in Zones: 3 and 4 for sales by (2) The maximum delivered2 price for follows: packing or slaughtering plants, packing “boneless beef, for Army canned meat” in branch houses, wholesaler’s or other sell each of the following price zones shall be (4) The fabricated beef cut prices ap ing establishments to purveyors of meals the price listed below for that zone. plicable in Zones 3 and 4 for sales by a subject to the provisions in paragraph [Zone prices per hundredweight in carload or less than hotel supply house to purveyors of meals, (k) of § 1364.452, substituting for the carload quantities; frozen and packaged. The price for subject to the provisions in paragraph any fraction of a hundredweight shall be reduced accord purposes of this paragraph (o) the term ingly. Additions and deductions of schedules III and II, (k) of § 1364:452, substituting for the “fabricated beef cut” for the term respectively, are. not applicable.]18 purpose of this paragraph (o) the term “wholesale cut” contained therein, are “fabricated beef cut” for the term as listed below. . Grade “wholesale cut” contained therein, are (All prices are.on a dollars per hundredweight basis. the prices listed below. The'price for'any fraction of a hundredweight will be reduced accordingly. The prices set forth herein in Price zone Cutter Cutter- and canner Utility (AIT prices are on. a dollars per hundredweight basis. clude cost of packaging, boxing and freezing. The addi- and canner tions-set forth in § 1364:454 (f) may not be charged.) or D (other or O. or D (bull) The price for any fraction of a hundredweight shall be than bull) reduced accord ingly. The prices set forth herein include cost of packaging, boxing and freezing. The additions set forth in § 1364.454 (f) m ay not-be charged .) Grade 1...... $20.90. $24.40 $21.30 2 20.15 23.65 20.55 3 „ ...... 19.15 22-65 19.55 Grade Fabricated beef euts Com Utili 4______19.15 - 22.66 19.55 Choice Good mer ty or 5___ii...... ' 19.65 23.15 20.05- or A A or A- cial C 6...... 19.90 23.40 20.30 Fabricated beef cuts Com or B 7...... 20.15 23.65 20.55 Choice Hood mer Util- 8...... 20.40 23.90 20.80 or A A •or A: cial • ity 9...... 20.65 24-15 21.05 or B or C (i) Round, rumpand shank 10...... 20.90 24.40 21:30 off...... $35.80 $34.00 $23.75 $19.75 (ii) Bonelessrump(butt).— 23.00 21.06 19.76 17.50- (i) Bound, rump and shank (iii) Hind shank...... 12.00 ,12.00 12.00 12.00 Off-.-...... - $38. 55 $36:60 $25.50 $21:25 (iv) Boneless round...... 38.45 35; 5C 25. 50 21.25 4. Section 1364.452 (m) (2) is amended (ii) Boneless rump (butt)... 25.55 23.25 21.75 19:50 (v) Inside (top) round____ 43; 00 •39.75 > 27.50 22.25 to read as follows: (iii) Hind shank______12.25 12.25 12. 25 12.25 (vi) Outside (bottom) round 43.00 39.75 27.50 22.25 (iv) Boneless round...... 41.8C 38.3C 28. OC 23.25 (vii) Knuckle (face)...... 34.40 ’33.10 23.50 21.00 (2) The maximum f. o. b. boning plant 46.95 42.95 30.50 25.00 (viii) Gooseneck boneless (vi) O utside (bottom) round.______36.65 33.40 25.00 23.50 price for. frozen boneless beef; (Army round______46:95 42.95 30.50 25.00 (ix) Strip loin (bone in)...... 46.66 43.85 31. 50 25:25 specifications) in each of the following (vii) Knuckle (face)._____ 37.75 34.65 25.00 22.00 (x) Boneless strip______54.60 i 51. 95 36.50 29.25 price zones shall be the price listed below (viii) Gooseneck boneless (xi) Trimmed full beef round...... 39.50 36.30 27.25 25.50 tenderloin-...... 64.75 64.75 .45.50 45.50 for that zone. 51.25 48. 2C 34. OC 27.50 (xii) Trimmed sirloin ten (x) Boneless strip...... 59.90 57.05 39.50 31. 75 derloin (butttendcr)...... 64:75 64.75 45.50 ■ 45.50 (Zone prices per hundredweight in carload or less than (xi) Trimmed full beef ten- (xiii) Trimmed tip tender carload quantities; frozen: and packaged. The price, * derloin...... 69.5C 69.50 50.00 50.00 loin (short tender)______64. 75 64.75 45:50 45.50 for any fraction of a hundredweight shall be reduced (xii) Trimmed sirloin ten (xiv) Boneless .sirloin (butt).. - 42-55 39.75 .26.25 20.50 accordingly. Additions' and deductions of. schedules derloin (butt tenderloin).. 69.50 69.50 50.00 50.00 (xv) Top sirloin (butt)------51.85 48.90 33.25 24.00 III and II, respectively, are not applicable.) (xiii) Trimmed tip tender* (xvi) Bottom sirloin (butt). 35.95 33.25 21.25 18.00 loin, (short, tenderloin)__ 69.50 69.50 50.00 50.00 (xvii) Boneless chuck 1------31.85 29.65 22.25 19.75 (xiv) Boneless sirloin (butt). 45.'76 42.60 28.25 22.00 (xviii) Bon-el e-ss ch.u ck Grade (xv) Top sirloin (butt)____ 56.6C 54. 40 37.00 27.00 (shoulder clod out)_____ 30.80 28.50 '21.50 ■ 19.00 3&0C 34.-25 22-00 18.50 (xix) Shoulder clod_____ — 35.20 33:50 25.25 22.50 Price zone (xvii) Boneless chuck i...... 34.20 31.90 24.00 21.25 (xx) Boneless: brisket Choice Good or Commer» Utility (xviii) Boneless chuck (deckle off) — ——...... 26.00 26.00 24.00 • 24.00 or AA A ciai or B or C (shoulder clod out)...... 33.15 30.85 23.50 20.50 (xxi) Oven prepared rib----- 35.86 33.50 26.00 22.50 (xxii) Rib short ribs, plate (xix) Shoulder clod-—...... 37.66 35.25 26.50 23.75 17.75 L_ (xx) Boneless briskets 23.25 23.25 17.75 $37.45 $35. 70 $28.00 - $25.15 (deckle-off)______28.00 28.00 26.00 26.00 (xxiii) Rob,: boned, rolled 2_____-...... 36.45 34.70 27.00 24.15 (xxi) Oven prepared rib:___ 38.60 36:15 28.00 24.-25f and tied...... 44-90 42.20 32.00 27.75 3 ...... 35.05 33.30 25.55 22.75 (xxii) Rib. short ribs, plate (xxiv) Spencer ro ll______00 (J> 38.75 33.26 4...... 35.05 33.30 25.55 22.75 short ■ribs.--'...... 26.00 26.00 20.00 . 20.00 (xxv) Regular roll (rib eye). (2) 02) 59.25 49.75 5...... 35.75 34.00 26.25 23.40 (xxvi) Boneless short plate. 19.25 19.25 18. Of 18.00 26.60 (xxiii) Rib boned, rolled 6...... — 36.10 34.35 23.75 and. tied______48.70 45.75 34.75 30.25 (xxvii) Cube steaks.______22.00 22.00 22.00 22.00 7 „ ...... — 36.45 34.79 26.95 24.10 (xxviii) Flank steak(scored)__ 23.50 23.50 23.50 23.50 36.80 35.05 27.30 24.45 (xxiv) Spencer roll-.______( f (*) 42.25 36:50 28.00 8...... - (xxv) Regular-roll (rib eye)— <2) © 65.25 • 55.00 (xxix) Club steaks (bone in). 48.90 45.25 32:50 9...... 37.15 35.35 27.65 24.85 (xxvi) Boneless short plate— 20.75 20.75 .19:'75 19.75 (xxx) Boneless strip steaks. 56.25 53.50 . 37. 50 30.00 10-...... 37.45 35.70 28.00 25.15 (xxvii) Cube steak______23.25 23.25 23.25 23.25 (xxxi) Porterhouse, steaks (xxviii) Flank steak, scored. 25.75 25.75 25.75 25.75 (bone in )...... ' 48.90 45. 25 32.50 28.00 (xxix) Club steaks, bone‘in .. 52.90 49.00 35.25 30:50 (xxxii) T-Bone steaks (bone: - 5. Section 1364.452 (m) (5) is amended (xxx) Boneless strip steaks_ 61.70 58.80 40.75 32.75 in )-...... —...... 48.90 45.25 32.50 28.0Ô (xxxi) Porterhouse steaks (xxxiii) Boneless sirloin to read as follows : steaks...... 43.85 40.25 . 27. CO 21.00 (bone in).______52.90 49.00 35.25 30. 50 24.75 (xxxii) T-Bone steaks (bone (xxxiv) Top sirloin steaks.. 53.40 50.35 34.25 (5) The maximum f. o. b. boning plant (xxxv) Boneless rump (butt) in).------: -----...... 52.90 49.00 35.25 30.50 19.25 price for frozen boneless beef (hindquar (xxxiii) Boneless sirlo in (corned)8...... : ______23.30 21.20 19.25 steaks-_____— _____ — 47.10 42.95 29.00 22.75 (xxxvi) Inside (top) round ters) (Army Specifications) in each of (corned) and outside (bot (xxxiv) Top sirloin steaks— 58.30 56.00 38.00 27.75 25:00 the following price zones shall be the (xxxv) Boneless rump (butt) tom) round (corned)4:___ 41.80 38. 70 25.00 price listed below for that zone. (corned)3______24.60 24.60 21.25 21.26' FEDERAL REGISTER, Thursday, September 5, 1946 9743
8. In the first table in § 1364.452 (o) (6), items (vii) and (viii) are amended of not more than 250 pounds of meat and to read as follows: meat products in any one day from a peddler truck to any buyer’s store door, Column II Column III Column IV a peddler may add to the prices specified Column I in § 1364.452, (Schedule I ) , any one of the Which sales re Additions and following additions if applicable; (1) On By— To— quire delivery deductions to— a sale involving a delivery of any corned (cured), cooked, dried or smoked miscel (vii) A licensed ship supplier • (other than a Ship operator___ Ship side...... Add $1.45 per hundred- laneous beef item (listed in paragraph slaughterer, packer or packer's branch house). weight to table price.® (p) of § 1364.452), $2.75 per hundred (viii) A licensed ship supplier on resale of im Ship operator...... Ship side...... I— Add $1.70 per hundred- weight, except that if the buyer’s place ported fabricated beef cuts (War Shipping weight to table of business is located in that portion of Administration specification). Obtained from price. Zone 9, north of the Potomac River, and the “stockpile.” if the sale is made in that part of Zone 39, the peddler may add $3.25 per hundred 9. In § 1364.452 (o) (6) following the 9c. In § 1364.452 (o) (9) (v) in place weight; (2) On a sale involving a delivery first table, footnote 5 is amended to read of the phrase which reads “except that of any other meat item subject to this as follows, and footnote 8 is redesignated his ‘annual total dollar volume’ of sales regulation, other than those specified in footnote 6, an£ amended to read as fol shall be less than $500,000.00” the fol paragraphs (1), (m), (n), (o), (q) or lows: lowing phrase is inserted: “except that his total dollar volume of sales for the (r) of § 1364.452 (Schedule I ) , $1.50 per »If the fabricated beef cuts (War Ship hundredweight. ping Administration specifications) were ob quarterly period consisting of the months If the sale made pursuant to para tained from the “stockpile” the seller may of April, May and June, 1946, was less graphs (g) (1) or (g) (2) hereof, in add on additional $0.50 per hundredweight, than $125,000.00,” and in place of the volves a delivery of more than 250 pounds making a total addition of $1.95 per hun phrase “and setting forth in addition his in any one day from such peddler truck dredweight to table price. annual .total dollar volume of sales” the to any buyer’s store door, the peddler may 6 A "Group II ship chandler” (defined infollowing phrase is inserted: “and set | 1364.452 (o) (9) (v)) may add $2.70 per ting forth his total dollar volume of sales add to the prices specified in § 1364.452 hundredweight to the table price, unless the .(Schedule I), an amount not in excess meats were obtained from the “stockpile,” for the aforesaid quartc-ly period.” of $1.25 per hundredweight applicable in which case the “Group n ship chandler” 9d. Section 1364.452 (o) (9) (vi) is to the total delivery of beef in the one may add $3.20 per hundredweight to the ^mended to read as follows: day from such peddler truck to the table price. (vi) If a ship chandler started busi buyer’s store door. 9a. In § 1364.452 (o) (6) the text im ness after April 1, 1946, he shall be These ¡additions shall be in lieu of any mediately preceding the table of prices, deemed a “Group n ship chandler.” local delivery and/or transportation ad the table of prices, and the footnotes However, after he has been in operation dition permitted in § 1364.454. immediately following the prices are for 3 months, he shall determine what On a peddler truck sale of beef pur amended to read as follows: chased from a wholesaler, in place of the class he is in upon the basis of his total addition stated above, 50 cents per hun (All prices are on a per hundredweight dollar volume of sales made during his basis. The prices for any fraction of a first three months of operations. If his dredweight may be added to the price hundredweight shall be reduced accordingly. total dollar volume of sales during his paid to the wholesaler provided the ped The prices set forth herein include costs of first three months of operations is $125,- dler truck seller complies with each of freezing and one month’s storage, wrapping, the following conditions: boxing,T strapping, inspection and grading 000.00 or more, he thereafter shall be (1) He must give the purchaser a sale in accordance with War Shipping Ad deemed a “Group I ship chandler,” but slip listing the items upon which thé 50 ministration specifications. (The additions if his said total dollar volume of sales cents per hundredweight addition was anri deductions specified-- in Schedule III is less than $125,000.00, he shajl continue taken and the price charged for each (i 1364.454) and Schedule II (§ 1364.453) of to be deemed a “Giroup II ship chandler.” this regulation are not applicable.) For item; (2) He must write upon such sales fabricated beef cuts (War Shipping Admin 10. Section 1364.452 (q) (9) (i) ,is slip the name and address of the whole istration specifications) wrapped in kraft amended to read as follows: saler from whom the items were pur paper and cheese cloth, $0.25 per cwt. shall chased; (3) He must prepare a written be deducted from table prices.) (9) (i) The beef wholesale cut prices record at the end of each calendar week applicable in Zones 3 and 4 shall be the (i) showing the inventory by weight of Gbadk prices listed below: beef purchased from wholesalers on (All prices are on a dollar per hundredweight basis. hand at $he opening of business on the Com The price for any fraction of a hundredweight shall be Choice Good mer Utility reduced accordingly. The additions set forth in Sched first business day of the week; (ii) show or or cial or or C ule III (§ 1364.454) may not be charged.) ing the weight of beef purchased during AA 8 A 8 B 8 the week from each wholesaler, giving Grades the name and address of the wholesaler; Fabricated beef cuts and (iii) showing the weight of beef sold (dressed carcass $34.40 $32.60 $25.50 $22.85 Beef wholesale cuts Com during the week upon which the 50 cents Choice Good mer util ity, addition was taken, giving the name and or AA or A cial or O address of the purchasers; and (iv) He TOn sales of fabricated beef cuts (War or B mqst permit any accredited representa Shipping Administration specifications) tive of the Office of%Price Administration packed in.V-3 solid fiber full telescope boxes, Steer or heifer: sizes 20 x 5 x 15, 25 x 5 x 15 and 26 x 6 x 15, $30.30 $27.90 $20.30 $17.30 to examine the weekly record and his 38.30 35.90 25.80 22.30 purchase invoices and sales slips. an additional 20 cents per cwt. may be added 35.30 33.90 23.30 20.30 to the table prices. 38.90 29.30 24 30 14. Section 1364.467 (n) (9) (iv) (d) is »If the fabricated beef cuts (War Shipping 14 30 14 30 12.80 12.80 27.30 25.90 19.30 17.30 amended to read as follows: Administration specifications) of choice, good 24 55 23.30 18.05 16.05 and commercial grades,, are prepared from 32.30 29.90 23.30 20.30 (d) Whose total dollar volume of sales beef carcasses, sides and/or hindquarters 15.30 15.30 14 30 14 30 (whether of food or not) for the which have been set aside for war procure 18.30 18.30 15.30 15.30 13.30 13.30 13.30 13.30 quarterly period consisting of the months ment purposes pursuant to WFO 75.2, the of April, May and June, 1946, was $125,- seller may add 35£ per cwt. to the prices listed 000.00 or more. above. 11. Section 1364.453 (c) is revoked. 9b. Section 1364.452 (o) (9) (iv) (
or on sales of set-aside lamb or mutton carcasses to any proved by the Bureau of the Budget in accord authorized purchaser of set-aside lamb or mutton where ance with the Federal Reports Act of 1942. Item Price the latter transaction is covered by a separate invoice and where such purchaser has satisfied the requirements Issued this 4th day of September 1946. $29.75 of WFO 75.5. 34.50 Paul A. P orter, 21.75 2. Section 1364.177 (c) (1) (i) is Administrator. 29.00 amended to read as follows: 19.50 [F. R. Doc. 46-15852; Filed, Sept. 4, 1946; 8.50 (i) The Zone 2, 3, and 4 prices per >1:22 a. m.] 4.00 hundredweight for hotel supply cuts sold by a hotel supply house to purveyors of 150 cents per hundredweight may be added on sales of Part 1364—F resh, Cured and Canned lamb or mutton carcasses to a war procurement agency meals are as follows: Meat and Fish M utton. [RMPR 239, Arndt. 27] Lamb Item LAMB AND MUTTON CARCASSES AND Grade AA Grade A Grade B Grade O Grade S Grade M WHOLESALE CUTS A statement of the considerations in Leg—oven prepared...... v ...... $49. Î5 $48.25 $44.00 $40.00 $27.00 $26.50 Leg—boned, rolled and tied...... —... 54.00 52.25 48.00 43.25 29.25 28.75 volved in the issuance of this amend Loin—flank on, kidney and suet out---- 49.50 45.25 34.50 27.00 20.25 18.75 56.25 51.25 38.25 30.00 21.75 19.75 ment, issued simultaneously herewith, Loin—flank ofl, kidney and suet out— 20.75 has been filed with the Division of the Loin chops_*...... ------59.25 52.75 40.00 31.50 22.75 Loin—boned, rolled and tied----- 64.50 58.50 44.00 34.50 26.75 24.25 Federal Register. Hotel rack—rib chops—regular------51.25, 47.50 37.25 28.25 21.75 18.75 Hotel rack—rib chops, 8th to 12th ribs, in- Revised Maximum Price Regulation 38.25 29.00 22.25 , 19.00 No. 239 is amended in the following re elusive...... —...... --...... 52.75 49.00 Hotel rack—rib chops, 5th to 7th ribs, m- 16.50 spects: elusive----- ...... —--— 45.00 41.75 33.00 25.00 19.00 Hotel rack—chine removed, blade bone 22.00 19.50 1. in the definition of “Hotel supply out...... 52.50 49.75 39.75 31.00 Yoke—boned, rolled and tied------(>) (0 (0 (0 ■ 14.00 12.25 house” in § 1364.160 (a) (5) (iii) the first 34.75 34.00 31.25 26.25 14.25 12.25 Yoke—boneless stew.______...... 13.00 paragraph of inferior subdivision (d) is Shoulder—boned, rolled and tied------43.25 42.50 37.75 34.50 15.75 Shoulder—regular stew, bone in...... 33. 50 32.75 29.00 24.75 13.00 x 10.50 amended to read as follows: Shoulder—boneless stew...... 43.75 42.50 37.50 32.25 16.00 13.00 Breast and shank—regular stew, bone'in- 15.25 15.25 15.25 12.75 9.00 8.75 (d) Other hotel supply houses or Breast—regular stew, bone in...."...... 15.25 15.25 15.25 12.75 9.00 8.75 wholesalers of beef, veal, lamb and mut Shanks for braising or regular stew, bone 9.75 9.50 in...... -...... -...... 16.75 16.75 16.75 13.75 ton wholesale cuts. Boneless flank (stew meat)...... 17.00 17.00 17.00 14:00 la. In § 1364.170 (a), “Wholesaler’s selling addition,” $1.25 is inserted in i Not permitted to be sold and/or delivered in this grade. place of “$1.00.” by a packing or slaughtering plant, pack lb. In § 1364.170 (j), “Peddler truck 3. Section 1364.177 (c) (1) (ii) is selling addition,” .“$1.50” is inserted in amended to read as follows: ing branch house, wholesale or other sell place of “$1.25” and “$1.25” is inserted (ii) The Zone 2, 3, and 4 prices per ing establishment to purveyors of meals in place of “$1.00”. hundredweight for hotel supply cuts sold are as follows: lc. Section 1364.177 (b) is amended to read as follows: Lamb Mutton
(b) The Zone 2, 3 and 4 prices for car Item Grade M casses and wholesale cuts are as follows: Grade AA Grade A Grade B Grade C Grade S
Leg—oven prepared..«.-.------..... $46.00 $44.50 $40.75 $37.25 $25.00 $24.50 Lamb Leg—boned, rolled and tied...... 50.00 48.50 44.25 40.25 27.00 26.50 Loin—flank on, kidney and suet out— 46.00 42.25 32.00 25.50 19.00 17.50 Item 52.25 47.75 35.50 27.75 20.25 18.25 Loin—flank off, kidney and suet out— 18.75 Grade Grade Grade Grade Loin chops...... — —------54.00 49.25 36.50 28.75 20.50 AA . A ' B C Loin, boned, rolled and tied...... 59.50 54.25 40.50 32.00 42.75 22.25 Hotel rack—rib chops—regular...... 47.00 43.50 34.25 26.25 20.00 17.25 •Hotel racK—rib chops, 8th to 12th ribs, Carcass:1 inclusive...... 40.75 38.25 34.75 26.75 20.50 17.50 Bound dressed, pluck Hotel rack—rib chops, 5th to 7th ribs, out...... ______$31. 25 $29.75 $26.00 $21.75 inclusive...... — 35.75 34.00 31.25 24.00 18.25 15.75 Round dressed, pluck Hotel rack—chine removed, blade bone 30.25 28.76 25.00 20.75 48.75 46.00 36.75 28.50 20.25 18.00 Hindsaddle or hind- Yoke, boned, rolled and tied------... 0) 0) (0 (0 13.00 11.50 quarter...... 36.00 34.25 29.75 24.75 Yoke, boneless stew...... 32.00 31.25 28.75 24.00 13.25 11.25 Foresaddle or forequarter 26.75 25.50 22.50 19.00 Shoulder, boned, rolled and tied...... 39.75 39-25 35.00 30.25 14.75 12.00 36.25 34.75 51.50 28.00 Shoulder—regular stew, bone in...... 31.00 30.25 26.75 22. 75 12.00 9.75 Loin, single or double— 36.25 34.00 26.50 . 21.50 Shoulder—boneless stew...... ----- 40.50 39.25 34.50 29.75 14.75 12.00 Hotel rack; single or Breast and shank—regular stew, bone in. 14.50 14.50 14.50 12.00 8.50 8.50 40.25 37.75 30.00 23.25 Breast—regular stew, bone in...... 14.50 14.50 14.50 12.00 8.50 8.50 Yoke, whole or half...... 22.75 22.25 20.50 17.25 11.00 Shanks for braising or regular stew, bone 9.00 Breast or shank...... 13.25 13.25 13.25 in ...------15.75 ■ 15.75 15.75 13.00 9.00 Kosher foresaddle or V Boneless flank (stew meat)...... 15.75 15.75 15.75 13.00 forequarter...... 27.35 26.10 23.00 19.60 Kosher bracelet, whole or half...... 31.50 30.00 25.50 19.90 l Not permitted to be sold and/or delivered in this grade. Kosher chuck, whole or half...... - 25.50 24.25 21.75 18.90 4. The text of §4364.177 (d) (2) pre plicable Zone 2, 3, and 4 prices on sales ceding the first table is amended to read of fabricated lamb and mutton car Mutton as follows: casses (War Shipping Administration ' • specifications) made: Item (2) Subject to the additions and de Grade Grade Grade ductions hereinafter provided in Column 5. In § 1364.177 (d) (2) in the first S M R IV, and subject further to the provisions table, item (vii) is amended to read as of paragraph (c) of § 1364.155, the prices follows: $14.50 $13.25 $12. 25 in the following table shall be the ap- Round dressed, pluck in...... 13.50 12.25 11.25 16.25 Hindsaddle or hindquarter...... 18.00 17.00 Column II Column III Column IV Foresaddle or forequarter------11.00 9.75 8.50 Column I Legs or leg...... 19.50 18.75 18.00 Which sales Additions Loin, single oredouble— ' 15.75 14.75 13.50 B y - To— require delivery and Hotel rack, single or double------17.00 15.00 13.50 to— deductions Yoke, whole or half...... 9.75 8.50 7.25 Breast or shank...... 7.75 7.50 6.75 10.35 9.10 Kosher foresaddle or forequarter. 11.60 Ship operator..— Ship side..______Add $1.50 per cwt. to Kosher bracelet, whole or half— 15.00 13.00 11.25 (vii) A licensed ship supplier (other than a table * price. Kosher chuck, whole or half----- 10.50 9.25 8.50 slaughterer, packer or packer’s branch house).
No. 173-
■ 9746 FEDERAL REGISTER, Thursday, September 5, 1946 5a. In § 1364.177 (d) (2) footnote 5 Is herewith and filed with the Division of or to each forequarter and each hind- amended to read as follows! the Federal Register. quarter, if the carcass has been broken 8 If the fabricated lamb and mutton car Maximum Price Regulation No. 574 is into quarters, and shall remain so at casses (War Shipping Administration speci amended in the following respects: tached until the meat is removed from fications) were obtained from the “stock 1. In section 2 (b), new subparagraphs the cooler for transfer or delivery. The pile”, the seller may add an additional $0.25 operator of the slaughtering establish per cwt., making a total addition of $1.75 (5) and (6) are added to read as follows: ment shall retain one tag from each per cwt. to the table price. (5) An owner of cattle or calves is carcass for inspection by officials of the 6. The table of prices in § 1364.177 (d> prohibited from selling or transferring Office of Price Administration. In ad (2) is amended to read as follows: title to such animals to a slaughterer, dition to the foregoing, each operator and a slaughterer is prohibited from of a slaughtering ' establishment shall buying or receiving title to such animals keep for inspection by the Office of Price Lamb. Mutton from an owner thereof, on condition, or Administration a daily work sheet show Item with the understanding or agreement, ing the serial number of each dressed Grade Grade Grade Grade Grade Grade 8 N that dressed carcasses or wholesale cuts carcass, its hot weight (except as pro AA ABO derived from such cattle or calves, or vided herein) and its weight as adjusted from other cattle or calves, be sold or to show the chilled carcass weight 24 Fabricated car- casses______$34.50 $33.00 $29.00 $24.75 $17.25 $16.00 delivered to any designated person: hours after slaughtering. .However, if Provided, however, That club cattle, or the operator elects, he may show the ad calves to which the owner acquired title justed chilled carcass weight in total in 7. Section 1364.177 (e) (1) is amended through a sale that was exempt under stead of for each individual carcass. to read as follows: the provisions of section 1 (b) (2) may In the event that the operator of the (1) The Zone 4 prices per hundred be sold by such owner to a slaughterer slaughtering establishment does not have weight for carcasses and wholesale cuts on condition that the dressed carcasses facilities for obtaining hot weights, he sold by a Great Lakes marine supplier to or wholesale cuts derived therefrom be shall attach or cause to be attached the an operator of a lake vessel are as sold or transferred to such owner. tags in the manner set forth above at follows: (6) A slaughterer is prohibited from the point of first weighing, each tag buying cattle from any person other showing in addition to the information Lanjb than a producer or a feeder upon the required by subdivisions (i) and (ii) condition that payment - will be made herein, the actual weight of the dressed Item Grade Grade Grade Grade upon the basis of the actual weight and carcass at the time of weighing. In such AA A B C grade of the carcasses derived from the instances, thé daily work sheet shall show slaughter of such cattle. Any person thé serial number, the weight of each Carcass: other than a producer or a feeder is pro carcass at the time of weighing and the Round dressed, pluck hibited from selling cattle upon such a weight as adjusted to show the chilled 'out...... $34.50 $32.75 $28.75 $24.00 Round dressed, pluck condition. carcass weight 24 hours after slaughter - in—._...... 33.25 31.75 - 27.50 22.75 The term “producer” or “feeder” as ing. However, if the operator elects, he Hindsaddle or hindquar- ter...... 40.00 38.00 33.00 27.50 used in this subparagraph (6) means a may show the adjusted chilled carcass Foresaddle or forequarter. 29.75 28.25 25.00 21.00 person who has owned the cattle in weight in total instead of for each indi Legs or leg...... 41.25 39. 50 26.00 32.00 volved in a sale at least thirty days prior vidual carcass. Loin, single or double__ 41.25 38.75 30.25 24.50 Hotel rack, single or to the day of the sale. , The work sheet referred to in the pre double...... 46.00 43.00 34.25 26.50 ceding two subdivisions, showing either Yoke, whole or half...... 26.00 25.25 23.25 19.75 2. In section 2, paragraph (c) fs re Breast or shank...... 15.00 15.. 00 15.00 12.50 designated (d) and a new paragraph (c) the hot weight or chilled weight, shall is inserted to read as follows: be made with indelible pencil and shall %• bear a statement signed by the weigher Mutton (c) Every slaughterer must permit anythat it is the original sheet on which he Item accredited representative of the Office of recorded the carcass weights at the time Grade Grade Grade Price Administration to enter his slaugh R of weighing. These original work sheets S M tering establishment and to inspect and must be preserved by the slaughterer for examine all records and operations per Carcass: inspection by representatives of the Of Round dressed, pluck out___ $16.00 $14.50 $13.50 taining to the slaughterer’s compliance fice of Price Administration. Round dressed, pluck in...... 14.75 13.50 12.50 with the provisions of MPR 574. Such Hindsaddle or hindquarter____ 20.00 19.00 18.00 4. Section 8 (c) is amended to read as Foresaddle or forequarter______12.25 10.75 9.50 examination and inspection shall in Legs or leg------22.25 21.25 20.50 clude, but not be limited to, the follow follows: Loin, single or double______... 18.00 16.75 15.50 ing: The method of trimming and Hotel rack, single or double...... 19.50 17.00 15.50 (c) Table of overriding ceiling prices Yoke, whole or half______11.00 9.75 8.25 weighing, the accuracy of the scales, the for live.bovine animals sold by weight— Breast or shank...... 8.75 8.50 7.75 cooler shrink allowance and tare allow ances used by the slaughterer in weigh (i) Bovine animals other than bulls. ing, the taking of the carcass weights, Zones and markets: Price per cwt. This amendment shall become effec the making and preservation of required 1 ______$20.65 tive September 1, 1946. 2 ______20.45 records, and the purchases of live cattle. 3 ______. _____ 20.15 v Issued this 30th day of August 1946. 3. Section 5 (a) (2) is amended to 4 ______*______19.85 Paul A. Porter, read as follows: 5 ______:______19.65 Administrator. 6 ...... _____ 19.65 (2) The operator of each slaughtering 7 ______19.50 Approved: August 30, 1946. establishment with respect to all cattle 8 ______19.80 slaughtered in such slaughtering estab 9 ______..... 19. 80 Charles P. Brannan, 10 ______..I _ 20.25 Acting Secretary of Agriculture. lishment shall attach, or cause to be attached, to each side of each dressed 1 1 ______1 . 20.05 [F. R. Doc. 46-15717; Filed, Aug. 30, 1946; carcass of cattle derived from such 1 2 ______..... 20.10 6:00 p. m.] 1 3______. _____ 20.20 slaughter, or to each quarter, if the car 14 ______20.40 cass is broken into quarters while Rang 1 5 ______-_ 20. 55 ing in the cooler, a tag in the manner 1 6 ______20.65 specified herein showing (i) the serial 1 7 ______i ______20.70 P art 1445—Livestock number of the carcass; (ii) the date the 1 8 ______20.70 [MPR 574,1 Arndt. 6 (§ 1445.2) ] animal was slaughtered, and (iii) ex 1 9 ______T _____ 20.85 2 0 ______• 20.85 LIVE BOVINE ANIMALS (CATTLE AND CALVES) cept as provided herein, the dressed 2 1 ______. . 20/40 weight (hot weight basis) of the entire 2 2 ______.___ 20. 55 A statement of the considerations in carcass. The tags for each carcass shall 2 3 ______20. 70 volved in the issuance of this amend carry the same serial number. One tag 24 ...... _____ 20.85 ment has been issued simultaneously shall be attached securely to each side. Chicago ______20.25 FEDERAL REGISTER, T h u rsd a y, September 5, 2946 9747
Zones and markets—Con. Price per cwt. graph (1), or (3) and (5) above” the cago zone, determined to be the appropriate Texas market (Includes only Hous words “and (5) ? are deleted and in the zone under paragraph (b) (1) above. If the ton, Dallas, Fort Worth, El Paso undesignated paragraph commencing yield had been 45 percent, the maximum per and San Antonio)______$19.60 missible average cost would be obtained by Indianapolis____ 1______20.30 with “Provided, That no slaughterer subtracting 70 cents per hundredweight from Kansas City, Omaha, Sioux City, St. * * *” the figures “(a) (5)” are in $8.95 per hundredweight, the maximum per Josep h______19.90 serted in place of “(a) (6)” in both in missible average cost for a 46 percent yield in St. Paul——______19.95 stances. the Chicago zone. If the yield obtained had Wisconsin (includes only Milwaukee 10. In redesignated subparagraph (6) been 60.5 percent, the maximum permissible and Cudahy)______20.15 of section 10 (a) in the two phrases “sub- average cost would be obtained by adding 35 National Stock Yards and St. Louis_ 20.15 paragraphs (1) or (3) and (5) above”, cents per hundredweight to $18.75 per Sioux Falls—______19.80 the words “and (5) ” are deleted in both hundredweight, the maximum permissible Spokane______20. 65 average cost for a yield of 60 percent in the instances. Chicago zone. (ii) Bulls. To determine the overrid 11. In section 11, subparagraphs (b) ing ceiling price in any zone or market (4), (5) and (6) are amended to read as (5) Fifth, multiply the maximum per for bulls, deduct $6.75 per hundredweight follows: missible average cost determined under from the price listed in subdivision (i) for paragraph (b) (4) above by the number that zone or market. (4) Fourth, refer to paragraph (c) of of hundredweight, live weight, of the cat this section for the maximum permissible tle specified in paragraph (b) (2) above. 5. In section 9, subparagraph (a) (3), average cost for the yield obtained in paragraph (c) and subparagraph (d) (3) Example. The number of hundredweight, paragraph (b) 73) above applicable to live weight, specified in the example under aredeteled. Subparagraph (a) (4) is re the zone or market determined under designated (a) (3) and subparagraph (d) paragraph (b) (2) above is 104.57. Multi (4) is redesignated (d) (3). paragraph (b) (1) above. If the yield is plying $12.45, the maximum permissible aver 6. In section 10 (a) (1) the next to the less than 46 percent, the maximum per age cost determined in the example under last sentence from the end of the sub- missible average cost shall be determined subparagraph (b) (4) above, by 104.57, gives paragraph reading as follows is deleted: by subtracting from the appropriate $1,301.90. “In addition to the foregoing, the copy maximum permissible average cost for a (6) Sixth, the result obtained in para submitted shall contain a statement yield of 46 percent, 35 cents per hundred graph (b) (5) above is the maximum showing the total number of bulls of all weight for each one-half percent that amount (total cost of cattle) which a grades included in the drove." such yield is less than 46 percent. If the slaughterer may pay for the cattle 7. In section 10 (a) (3) thè next to the yield is more than 60 percent, the maxi slaughtered in such slaughtering estab last sentence from the end of the para mum permissible average cost shall be lishment during such accounting period. graph, reading' as follows is deleted: “In determined by adding to the appropriate Example. The figure $1,301.90 obtained in addition to the foreging, the copy sub maximum permissible cost for a yield of the example under subparagraph (b) (5) mitted shall contain a statement show 60 percent, 35 cents per hundredweight above is the maximum amount (total cost of ing the total number of bulls of all grades cattle) which a slaughterer legally could pay included in the drove.” for each one-half percent that such yield is more than 60 percent. for the ten cattle slaughtered in an establish 8. In section 10 (a), subparagraph (5) ment in Chicago as given in the examples is deleted and subparagraphs (6) and (7) Example. Paragraph (c) of this Section under paragraphs (b) (1) through (b) (5) are redesignated (5) and (6), respec gives $12.45 as the maximum permissible above. tively. average cost for a yield of 51 percent, the 9. In redesignated subparagraph (5) yield obtained in the example under para 12. Section 11 (c) is amended to read of section 10 (a) in the phrase “subpara- graph (b) (3) above, applicable to the Chl- as follows: (c) T a b ib or M aximum P ermissible A vebagx C osts fob Slaughterers Subject to thb P bovisions or Section 11
% For yield of--
Zcnt or market 46 46J4 47 47J4 48 4Stf 49 49)i 50 51 51}f 52 52H 53 per per per per per per per per per per per per per per per cent cent cent cent cent cent cent cent cent cent cent cent cent cent cent
Per Per Per Per Per Per Per Per Per Per Per Per Per Per Per etui. cut. ewt. ewt. ewt. ewt. ewt. ewt. met. ewt. cwt. . ew*. ewt. ewt. cwt. 1...... $9.45 $9580 $10.15 $10.50 $10.85 $11.20 $11.55 $11.90 $12.25 $12.60 $12.95 $13.30 $13.65 $14.00 $14.35 V...... ______9.25 9.60 9.95 10.30 10.65 11.00 11.35 11.70 12.05 12.40 12.75 13.10 13.45 1180 14.15 8.90 9.25 9.60 9.95 10.30 10.65 11.00 11.35 11.70 12.05 12.40 1175 13.10 13.45 13.80 A . J ...______T . _ 8.55 8.90 9.25 9.60 9.95 10.30 10.65 11.00 11.35 11.70 12.05 1140 1175 13.10 13.45 Ä ¡¡0 .. ______8.35 8.70 9.05 9.40 9.75 10.10 10.45 10.80 11.15 11.50 11.85 1120 1155 1190 13.25 6...... 8.35 a 70 9.05 9.40 9.75 10.10 10.45 10i80 11.15 11.60 11.85 1120 1155 1190 13.25 7 •' ... i. ' — ...... ¡if* 8.20 a 55 a 90 9.25 9.60 9.95 10.30 10.65 11.00 11.35 11.70 12.05 1140 1176 13.10 8 - ____ : ...... 8.55 8.90 9.25 9.60 9.95 10.30 10.65 11.00 11.35 11.70 12.05 12.40 1175 13.10 13.45 8.55 a 90 9.25 9.60 9.95 10.30 10.65 11.00 11.35 11.70 12.05 1140 1175 13.10 13.45 10 __ ' -L — ___ —— . 8.80 9.15 9.50 9.85 10.20 10.55 10.90 11.25 11.60 11.95 12.30 12.65 13.00 1135 13.70 11 ______...... ______8.75 9.10 9.45 9.80 10.15 10.50 10.85 11.20 11.55 11.90 12.25 1160 12.95 13.30 13.65 12 ______; ____...... 8.80 9.15 9.50 9.85 10.20 10.55 10.90 11.25 11.60 11,95 12.30 1165 13.00 13.35 1170 13 _ ■ ___ 8.90 9.25 9.60 9.95 10.30 10.65 11.00 11.35 11.70 12.05 12.40 1175 13.10 1145 13.80 14 - ______9.05 9.40 9.75 10.10 10.45 10.80 11.15 11.50 11.85 12.20 12.55 1190 13.25 13.60 13.95 15 _ ...... 9.20 9.55 9.90 10.25 10.60 10.95 11.30 11.65 12.00 12.35 12.70 13.05 13.40 13.75 14.10 15 ...... 9.25 9.60 9.95 10.30 10.65 11.00 11.35 11.70 12.05 12.40 12.75 IS. 10 13.45 1180 14.15 9.35 9.70 10.05 10.40 10.75 11.10 11.45 11.80 12.15 12.50 12.85 13.20 13.55 13.90 14.25 18 | 9.15 9.50 9.85 10,20 10.55 10.90 11.25 11.60 11.95 12.30 1165 13.00 13.35 1170 14.05 19 _ _ ...... 9.50 9.85 10.20 10.55 10.90 11.25 11.60 11.95 12.30 12.65 13.00 13.^5 13.70 14.05 14.40 9.35 9.70 10.05 10.40 10.75 11.10 11.45 11.80 12.15 12.50 12.85 13.20 13.55 1190 14.25 21 _ u ...... 8.95 9.30 9.65 10. CO 10.35 10.70 11.05 11.40 11.75 12.10 12.45 1180 13.15 1150 1185 52 1 | -■ T • . „ - - - „ I — *:...— 9.05 9.40 9.75 10.10 10.45 10.80 11.15 11.50 11.85 12.20 12.55 12.90 13.25 13.60 —13.95 23:' Ef 9.20 9.55 9.90 10.25 10.60 10.95 11.30 11.65 12.00 12.35 12.70 13.05 13.40 13.75 14.10 24 ♦ 9.35 9.70 10.05 10.40 10.75 11.10 11.45 11.80 12.15 12.50 1185 13.20 1155 13.90 14.25 Chicago...... 8.95 9.30 9.65 10.00 ¿t 10.35 10.70 IL C5 11.40 11.76 12.10 1145 1180 13.15 1150 1185 Texas Market (includes only Houston, Dallas, Fort Worth, El Paso, San Antonio)______8.30 8.65 9.00 9.35 9.70 A0.05 10.40 10.75 ILIO 11.45 11.80 1115 1150 12.85 1120 Indianapolis .1______...... 9.00 9.35 9.70 10.05 10.40 10.75 11.10 11.45 11.80 12.15 12.50 12.85 13.20 13.65 13.90 8.55 8.90 9.25 9.60 9.95 10.30 10.65 11.00 11.35 11.70 1105 12.40 1175 13.10 13.45 St. Paul...... - ...... 8.55 8.90 , ~-9.26 9.60 9.95 10.30 10.65 11.00 11.35 11.70 12.05 1140 1175 1110 13.45 Wisconsin market (includes only Milwaukee and C udahy)...... 8.85 9.20 9.55 9.90 10.25 10.60 10.95 11.30 11.65 12.00 1135 12.70 1105 13.-40 13.75 8.85 9.20 9.55 9.90 10.25 10.60 10.95 11.30 11.65 12.00 12.35 12.70 13.05 13.40 13.75 8.50 8.85 9.20 9.65 9.90 10.25 10.60 10.95 11.30 11.65 12.00 12.35 12.70 13.05 13.40 Spokane______9.45 9.80 10.15 10.50 10.85 11.20 11.55 11.90 12.25 12.60 12.96 13.30 1165 14.00 14.35 9748 FEDERAL REGISTER, Thursday, September 5, 1946 (c) Table of Maximum P erm issible Average costs for Slaughterers Subject to th e P rovisions of Section 11— Continued
Por yield of— ¿one or market 63 H 54 64H 55 65M 56 : 66H 57 57 'A 58 . 58 H 59 59^ 60 percent percent percent percent percent percent percent percent percent percent percent lier cent pcrcent percent
Per cwt. Per cwt. Per cwt. Per cwt. Per cwt. Per cwt. Per cwt. Per cwt. Per cwt. Per cwt. Per cwt. Per cwt Per cwt. Per cwt. i ...... $14.70 $15.06 $15.40 $15.75 $16.10 $16.45 $16.80 $17.15 $17.50 $17.85 $18.20 $18.55 $18.90 $19.25 9...... 14.60 14.85 15.20 15.55 15.90 16.25 16.60 16.95 17.30 17.65 18.00 18.35 18.70 19.05 3...... 14.15 14.50 14.85 15.20 15.55 15.90 16.25 16.60 16.95 17.30 17.65 18.00 18.35 18.70 4...... 13.80 14.15 14 50 14 86 15.20 15.55 15 90 16.25 7 16.60 16.95 17.30 17.66 18.00 18.35 6 ...... 13.60 13.95 14.30 14.65 15.00 15.35 15.70 16.05 16.40 16.75 17.10 17.45 17.80 18.15 6 ...... •...... 13.60 13.95 14.30 14.65 15.00 15.35. 15.70 16.05 16.40 16.75 17.10 17.45 17.80 18.15 7...... 13.45 13.80 14 15 14 50 14 85 15.20' 15 56 15.90 16.25 16.60 16.95 17.30 17.65 18.00 8...... ;...... 13.80 14.15 14 50 14 85 15.20 15.55 15.90 16.25 16.60 16.95 17.30 17.65 18.00 18.35 9 ...... 13.80 14.15 14.50 14 85 15.20 15.55 15.90 16.25 16.60 16.95 17.30 17.65 18.00 18.35 10...... 14.05 14.40 14 75 15.10 15.45 15.80 16.15 16.60 16.85 17.20 17.55 17.90 18.25 18.60 11...... 14.00 14.35 14.70 15.05 15.40 15.75 16.10 16.45 16.80 17.15 17.50 17.85 18.20 18.55 12...... 14.05 14.40 14.75 15.10 15.45 15.80 16.15 16.50 16.85 17.20 17.55 17.90 18.25 18.60 13...... 14.15 14.50 14.85 15.20 15.55 15 90 16.25 16.60 16.95 17.30 17.65- 18.00 18.36 18.70 14 ...... 14.30 14.65 15.00 15.35 15.70 16.05 16.40 16.75 17.10 17.45 17.80 18.15 18.50 18.85 15...... 14.45 14.80 15.15 15.60 15.85 16.20 16.55 16.90 17.25 17.60 17.95 18.30 18.65 19.00 16...... — ...... 14.50 14.85 15.20 15.55 15.90 16.25 16.60 16.95 17.30 17.65 18.00 18.35 18.70 19.05 17 ...... -...... 14.60 14.95 16.30 16.65 16.00 16.35 16.70 17.05 17.40 17.75 18.10 18.45 18.80 19.15 18...... 14.40 14.75 15. i0 15.45 15.80 16.15 16.50 16.85 17.20 17.55 17.90 18.25 18.60 18.95 19...... 14.75 15.19 15.45 15.80 16.15 16. 50 16.85 17.20 17.55 17.90 18.25 18.60 18.96 19.30 14.60 14.96 15.30 15.65 16.00 16.35 16.70 17.05 17.40 17.75 18.10 18.45 18.80 19.15 21...... 14.20 14.55 14.90 15.25 15.60 1595 16.30 r 16.65 17.00 17.35 17.70 18.05 18.40 18.75 Y>- ...... 14.30 14.65 15.00 15.35 15.70 16.05 16.40 16.75 17.10 17.45 17.80 18.15 18.50 18.85 23 ...... -...... - 14.45 14. CO 15.15 15.50 15.85 16.20 16.55 16.90 17.25 17.60 17.95 18.30 18.65 18.00 ‘24 ...... 14.60 14.95 15.30 15.66 16.00 16.35 16.70 17.05 17.40 17.75 18.10 18.45 18.80 19.15 14.20 14.55 14.90 16.25 15.60 15.95 16.30 16.65 17.00 17.35 17.70 18.05 18.40 18.75 Texas" Market (includes only Houston, Dallas, Fort 13.86 13.90 14.25 14 60 14 95 15.30 15.65 16.00 16.35 16.70 17.05 17.40 17.75 18.10 14.25 14.60 14.95 15.30 15.65 16.00 16.35 16.70 17.05 ' 17.40 17.75 18,10 18.45 18.80 13.80 14.15 14 50 « ¿ 4 8S 15.20 15.56 15.90 16.25 16.60 16.95 17.30 - 17.65 18.00 18.35 St. Paul_-.11______' ...... 11...... 1...... 12.80 14.1614 50 14.85 15.20 15 55 15.90 16.25 16.60 16.95 17.30 17.65 18.00 18.35 Wisconsin Market (includes only Milwaukee and 14.10 14 45 14 80 15.15 15.50 15.85 16.20 16.55 ''Í6.90 17.25 17.60 17.96 18.30 18.65 14,10 14 45 14.80 15.15 15.50 15.85 16.20 16.55 16.90 17.25 17.60 17.95 18.30 18.65 13.75 14.10 14.45 14.80 15.15 15.60 15.85 16.20 16.55 16.90 17.25 17.60 17.95 18.30 Spokane______— 14.70 15.05 15.40 15.75 16.10 16.45 16.80 17.15 17.60 17.85 18.20 18.55 18.90 19.25
13. In section 13 (b)(1) the descrip R anges of L ive Cattle P rices— Continued R anges of L ive Cattle P rices— Continued tions of Zones 1 and 2 are amended to read as follows: Zone 10 Zone 11 Zone 12 Zone 22 Zone 23 Zone 24 Zone t. Washington, taut excluding the Grades Grades city of Spokane, Oregon; California; Nevada— Maxi Min Maxi Min Maxi Min Maxi- Min- Maxi- Min- Maxi- Min- the following counties of Nevada: Washoe, mum imum mum imum mum imum mum imum mum imum mum imum Ormsby, Douglas, Storey, Lyon, Humboldt, m Pershing,,Churchill and Mineral. Choice______$19.25 $17. 75 $19.05 $1755 $19.10 $17 60 Choice...... $19. 55 $18.05 $19.70 $18.20 $19.85 $18.35 Zone 2. Idaho; Nevada, taut excluding the Good______17.75 16.25 17 55 16.05 17.60 16.10 Good______18.05 16.55 18.15 16.65 18.30 16.80 Commercial___ 13.00 11.50 12.80 11.30 12.85 11.35 Commercial.... 13.25 11.75 43.35 11.85 13.50 12.00 following counties of Nevada: Washoe, Utility______10.75 9.25 10.80 9.30 10.85 9.35 10.95 9.45 11.05 9.65 11.20 9.70 Ormsby, Douglas, Storey, Lyon, Humboldt, Canners and Canners and Pershing, Churchill and Mineral. cutters_____ 8.00 6.50 8.05 6.55 8.10 6.60 8.20 6.70 8.30 6.80 8.45 8.95 Bulls of canner Bulls of canner 14. In section 13 (c) (1), the table is and c u tte r a n d ^ u t t e r amended to read as follows: grade______9.25 7.75 9.30 '780 9.35 7 85 9.50 8.00 9.60 8.10 9.75 8.25
R anges of Live Cattle P rices Zone 13 Zone 14 Zone 15 Houston, Dallas, Ft. Zone 1 Zone 2 Zone 3 Chicago Worth, El Indianapolis Choice______$19.20 $17.70 $19.40 $17.90 $19.55 $18.05 Paso, San Good______17.70 16.20 17.90 16.40 18.05 16.55 Antonio Grades Commercial___ 12.95 11.45 13.10 11.60 1&30 11.80 Maxi Min Maxi Min Maxi Min Utility______10.95 9.45 11.10 9.60 11.25 9.75 mum imum mum imum mum imum Canners and Choice...... $19.25 $17 75 $18.60 $17 10 $19.30 $1780 cutters_____ 8.20 6.70 8.35 6.85 8.45 6.95 Good...... 17.75 16.25 17.10 15.60 17 80 16.30 Bulls of canner $19.65 $18.15 $19.45 $17.95 $19.15 $17.65 Commercial___ 13.00 11.50 12.35 10.85 13.05 1L65 an d c u tte r Utility...... 11.00 9.50 10.35 8.85 11.05 9.55 Good...... 18.25 16.75 18.05 16.55 17.65 16.15 grade______9.45 7.95 9.00 8.10 9.75 8.25 Commercial___ 13.70 12.20 13.45 11.95 13.00 11.60 Canners and Utility...... 11.65 10.15 11.40 9.90 11.00 9.50 cutters____.'. 8.25 6.75 760 6.10 8.30 6.80 Bulls of canner Canners and Zone 16 Zone 17 Zone 18 cutters_____ 8.80 7.30 8.55 7.05 8.25 6.75 and cutter Bulls of canner grade...... 9.50 8.00 8.85 7.35 9.55 8.05 and c u tte r Choice . _ $19.65 $18.15 $19.70 $18.20 $19.70 $18.20 grade...... 10.15 8.65 9,90 8.40 9.50 8.00 Good______18.15 16.65 18.20 16.70 18.20 16.70 Commercial___ 13.40 1L 90 13.46 1L 95 13.45 11.95 Kansas Utility___ __ 11.25 9.75 1L 40 9.90 11.00 9.50 City, Milwaukee, Zone 4 Zone 5 Zone 6 Canners and Omaha, St. Paul Cudahy cutters_____ 8.45 6.95 8.60 710 8.26 6.75 Sioux City, Bulls of canner St. Joseph Choice...... $18.75 $17.35 $18.65 $17.15 $18.65 $17.15 a n d c u tte r Good...... 17.35 15.85 17.15 15.65 17.15 15.65 grade..___ — 9.75 8.25 9.90 8.40 9.50 8.00 Commercial___ 12.60 11.10 12.40 10.90 12.40 10.90 Choice...... $18.90 $17 40 $18.95 $17 45 $19.15 $17.65 Utility...... 10.60 9.10 10.40 8.90 10.40 8.90 Good...... 17 35 15185 17 35 15.85 17 65 16.15 Canners and Zone 19 Zone 20 Zone 21 Commercial___ 12.60 11.10 12.60 11.10 12.90 11.40 cutters...... 7.85 6.35 7.65 6.15 7.65 6.15 Utility...... 10.60 9.10 10.60 9.10 10.90 9.40 Bulls of canner Canners and and c u tte r Choice______$19.85 $18.35 $19.85 $18.35 $19.40 $1790 cutters_____ 7.85 6.35 7.85 6.35 8.15 6.65 grade...... 9.10 7.60 8.90 7.40 8.90 7.40 Good...... 18.30 16.80 18.30 16.80 17.90 16.40 Bulls of caimer Commercial___ 13.65 12.05 13.55 12.05 13.10 11.60 and cu tter Utility______11.66 10.05 11.25 9.75 10.85 9.35 9.10 7.60 9.10 7.60 9.40 790 Zone 7 7one 8 Zone 9 Canners and cutters------8.70 7.20 8.40 6.90 8.10 6.60 Bulls of canner $18.50 $17.00 $18.80 $17.30 $18.80 $17.30 and cutter Good...... 17.0015.50 17.35 15.85 17.35 15.85 grade...... 10.05 8,55 9.75 8.25 9.40 7.90 « Commercial___ 12.25 10.75 12.60 11.10 12.60 11.10 Utility______10.25 8.75 10.60 9.10 10.60 9.10 Canners and cutters_____ 7.50 6.00 7.85 6.35 7.85 6.35 Bulls of canner and c u tte r grade___ .... 8.75 7.25 9.10 7.60 9.10 7.60 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 9749
Hanges op L tve Cattle P rices— Continued Au th o r ity : § 1382.303 issued under 56 Stat. (b) Small quantity shipments, other 23, 765; 57 Stat. 566; Pub. Law 383, 78th than by rail at the carload rdil rate or National St. Louis Cong.; Pub. Laws 108 and 548, 79th Cong.; water. When the purchaser’s order Stock Yards E.O. 9250, 7 F.R. 7871; E.O. 9328, 8 F.R. 4681; specifically requires that shipments of Grades E.O. 9599, 10 F.R. 10155; E.O. 9651, 10 F.R. hardwood flooring covered by this regu Maxi Mini Maxi Mini 13487; E.O. 9697, 11 F.R. 1691. mum mum mum mum lation be made solely by some means of ARTICLE I—SCOPE OF THE REGULATION transportation other than rail at the rail carload rate, or water, an addition of Choice______$19.15 $17.65 $19.15 $17.65 S ection 1. Prices higher than ceiling 17.65 16.15 17.65 16.15 prohibited, (a) On and after September $4.00 per thousand feet board measure Commercial______12.90 11.40 12.90 11.40 to the maximum f. o. b. mill prices for Utility...... 10:90 9.40 10.90 9.40 9, 1946, regardless of any contract or Canners and cutters...... 8.15 6.65 8.15 6.65 other obligation, no person shall sell or the hardwood flooring so ordered, may Bulls of canner and cutter be made by the seller. The $4.00 addi grade______9.40 7.90 9.40 7.90 deliver and no person shall buy or re tion may be made by the seller under the ceive in the course of trade or business, conditions referred to in this paragraph Sioux Falls Spokane any hardwood flooring covered by this regulation for direct-mill shipment at if shipment is made solely by truck, ex prices higher than the maximum prices press or by rail at the less-than-carload Choice___ ...... ----- $18.80 $17.30 $19.65 $18.15 rates. If all or any part of the hard 17.30 15.80 18.10 16.60 fixed by this regulation, and no person wood flooring covered by such order is Commercial------12.55 11.05 13.55 12.05 # shall agree, offer, or attempt to do any Utility—...... 10.55 9.05 11.5C 10.00 ■shipped by rail at the carload Tail rate or Canners and cutters...... 7.80 6.30 8.65 7.15 of these things. water, the above addition shall not be Bulls of canner and cutter (b) Prices lower than the maximum grade------9.05 7.55 10.00 8.50 prices may, of course, be charged and made. paid. S ec. 4. Delivered prices—(a) Common This amendment shall become effective or contract carrier. When shipment is September 1,1946 except that sections 9, S ec. 2. What products, transactions by common or contract carrier, the max 10, and 11 shall become effective for ac and persons are covered. This regula imum delivered price of hardwood floor counting periods beginning on and after tion covers all direct mill sales of un ing under this regulation shall be an September 1, and for that portion of an finished and prefinished hardwood floor amount which is not greater than the accounting period remaining after Au ing produced from the species and in the permissible L-o. b. mill maximum price gust 31, if the accounting period began regions indicated as follows: plus either (1) the actual transportation before September 1, 1946. Regions where pro charges paid or owed by the seller to a No te: This amendment’s reporting and spectes duced common or contract carrier for ship record-keeping provisions have been approved Oak, pecan and gum_ Anywhere in t h e ment from the seller’s mill to the point of by the Bureau of the Budget in accordance United States. with the Federal Reports Act of 1942. All hardwood species Anywhere in t h e delivery required by the purchaser ex except opk, pecan, United States ex cept as stated in paragraph (b) below, or Issued this 30th day of August 1946. gum, hard maple cept in the North- (2) transportation charges based upon P aul A. P orter, and birch. ern, Northeastern, estimated weights contained in the table Administrator. and North Central below for shipment from the seller’s mill hardwood regions to the point of delivery required by the Approved: August 30, 1946. as those regions purchaser except as stated in paragraph Charles P. B rannan, are described in Maximum Price (b) below. Transportation charges Acting Secretary of Agriculture. Regulations 223, based upon estimated weights shall be [F. R. Doc. 46-15720; Filed, Aug. 30, 1946; * 368, and 155. figured by multiplying the rail rate by the 6:01 p. m.] estimated weights given in the following For the purposes of this regulation, table, evened out to the nearest quarter- P art 1382—Hardwood Lumber prefinished hardwood flooring means dollar per 1000 feet board measure: [RMPR 4581 flooring that has been sanded, filled, Pfrmitted Estimated Weights OAK, pecan and miscellaneous hardwood finished, waxed, and pressure rubbed to FLOORING form a finished product ready for imme [Pounds per M' BM] Maximum Price Regulation 458 is re diate use after installation. The regu designated Revised Maximum Price Reg lation applies regardless of the kind of Red oak, mill or plant in which the flooring is white oak, Gum ulation 458 and is revised and amended to produced, and regardless of whether the pecan,and read as set forth below: particular item is specifically priced in beech A statement of the considerations in the price tables or not. Any person volved in the issuance of this regulation Standard grades and Victory has been issued simultaneously herewith who makes a sale of this kind for himself grade flooring: or others, is subject to this regulation. a*" r u y ' ______1,000 • 800 and has been filed with the Division of Q "-xV’ ______1,000 800 the Federal Register. The standards and All grade terms in this regulation have ty 'T ng*______L 300 1,050 the meaning given in the effective Offi Ì4" x 2" 1,300 1,050 specifications used in this regulation " ______1,200 950Hi were, prior to such use, in general use in cial Flooring Grading Rules for Oak, Pe- i \ t " x * ' , ______1,200 950 the hardwood flooring industry. • can, Beech, Birch and Hard Maple issued H^t" x l Ì ^ ,r. r___ . J ___ 2,000 1,600 by the National Oak Flooring Manufac 25fo"x2" ______2,000 1,600 ARTICLE I—SCOPE OP THE REGULATION 254/' T 2W" ______2,000 1,600 turers’ Association insofar as those rules x aw" ______2,250 1,800 Sec. apply to species covered by this regula Preflnished flooring: 1. Prices higher than ceiling prohibited. 35^t" t aU" ...... 2,250 1,800 2. What products, transactions, and persons tion. One of the grade requirements of 25V 'x2ai" ______2,125 1,700 these rules, and of this regulation in 25^," X 2U". ______2,000 1,600 are covered. H" x tyV'...... 1,500 1,200 order for the prices established herein Ì4" x 2" ______1,300 1,050 ARTICLE n ---MAXIMUM PRICES AND TERMS OP SALE to be charged, is that the hardwood a|"x2"_. ______1,000 800 Maximum f. o. b. mUl prices. 4. Delivered prices. flooring of the indicated species must be 5. Grades, services, or extras not listed. made from properly kiln-dried lumber, (b) Trucking to railhead. When a 6. Maximum export prices. side matched and end matched and truck haul precedes rail shipment, as 7. Adjustable pricing. machined to pattern. In addition, of when a mill located away from the rail 8. Distributors’ direct mill sales. course,’ it must meet all of the other head hauls hardwood flooring by truck ARTICLE in —SPECIFIC DUTIES AND PRIVILEGES AND grade requirements. to the railhead, no addition may be made PROHIBITED PRACTICES for the truck haul. However, in the fol 9. Petitions for amendment. ARTICLE II—MAXIMUM PRICES AND TERMS lowing two cases a mill may apply for 10. Prohibited practises. OF SALE special permission to make an addition: 11. Records. S ec. 3. Maximum f. o. b. mill prices. (1) When the mill was located away 12. Enforcement. (a) The maximum f. o. b. mill prices for from rail connection because it special 1C. Licensing. 14. Imports. the hardwood flooring covered by this ized in water-borne hardwood flooring 15. Relation to other regulations. regulation are set forth in Articles IV and where shortage of shipping has ARTICLES IV THROUGH VHX—PRICE TABLES to v m , inclusive. forced it to operate by rail. 9750 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 (2) When a mill’s rail connection has mum price established in or approved through a commission man. For the been abandoned since September 5,1941. under this regulation. The addition may purposes of this section, a commission (Note: The word, “abandoned,” means be evened out to the nearest quarter dol man is a distribution yard or a, person total and permanent abandonment.) lar per M'BM, or the addition may .be who represents, and customarily sells The application should be made by let added as one lump sum to the total lumber and/or flooring in carload quan ter to the Lumber Branch, Office of Price amount of the bill based on the mill max tities for, two or more mills or concentra Administration, Washington 25, D. C. imum prices. tion yards which are independent of each No additions may be made on quotations (b) Mark-up on a commission type di other; receives his compensation from or sales for trucking to a railhead until rect-mill sale. Subject to the exceptions the mills in the form of commission based the Office of Price Administration has and limitations set forth in paragraph on the amount sold; and operates inde given the seller permission to make such (f), the maximum price for flooring pur pendently of both buyer and seller. additions. chased and sold under this regulation on (f) Exceptions and limitations. The a commission type direct-mill sale, is 3 mark-ups permitted in this section may Sec. 5. Grades, services, or extras not percent higher than the mill maximum not be made in the following cases: < listed.
(h) Invoicing requirements on direct- ing each transaction or maintain records plementary Regulation No. 14 to the mill commission type sale: The invoice in other form containing a complete de General Maximum Price Regulation. on any direct-mill commission type sale scription of the flooring, name and ad Sec. 15. Relation to other regulations. must be plainly marked “commission dress of the other party to the transac Any sale or delivery covered by this regu man’s direct-mill sale” and must show tion, date of sale, and the price paid, in lation is not subject to the General Max the name and registration number of the cluding any special addition for extra imum Price Regulation. direct-mill distributor. The invoice service, working, or specification. These must also bear the following endorse records must be retained for two years, Coverage o] Artides IV - Vili ment: “We do not have a control rela for inspection by the Office of Price tionship with (name of the distributor)”. Administration. Article Species Producing regions (i) Maximum price when endorsement Sgc. 12. Enforcement. Persons vio on invoice is false. If a mill or concen lating any provision of this regulation IV Oak . .. Southern and South Central hardwood regions, and tration yard makes a statement on an are subject to the criminal penalties, elsewhere in the United invoice that it has no control relation civil enforcement actions, suits for treble States except in Appalach ship with the direct-mill distributor, and ian, North Central, North damages and proceedings for suspension ern and Northeastern hard such statement is false, the maximum, of licenses provided for by the Emer wood lumber regions. prices at which the- flooring covered by V Appalachian, North Central, gency Price Control Act of 1942, as Northern and Northeast such invoice may be sold by it are 5 per amended. ern (except Canada) hard cent less than the mill maximum price. wood lumber regions. (j) Suspension of licenses. Any per S ec. 13. Licensing. The provisions of VI Southern and South Central Licensing Order No. 1, licensing all per hardwood lumber regions, son making a sale under this regulation and elsewhere in United is subject to the provisions of licensing sons who make sales under price control, States except in Appalach are applicable to all sellers subject to this ian, North Central, North Order No. 1. A violation of any provi ern and Northeastern hard sion of this regulation is a violation of regulation or schedule. A seller’s license wood lumber regions. may be suspended for violations of the VII Pecan, gum___ United Spates. the seller’s license. Violations of the li VIA Appalachian hardwood lum cense or of this regulation may result in license or of one or more applicable price ber region. suspension of the license in accordance schedules or regulations. A person whose with the provisions of the Emergency license is suspended may not, during the Price Control Act of 1942, as amended. period of suspension, make any sale for ARTICLE IV— PRICE TABLES (k) Any provision in this regulation which his license has been suspended. The maximum prices established in which prohibits the charging, receiving S eC. 14. Imports. The provisions of Article IV are for 1Q00 feet board meas or paying a commission for the service this regulation do not apply to the pur ure of flooring of the indicated species, of procuring flooring shall not be deemed chases, sales or deliveries of the com grade and size, f. o. b. mill, produced to prohibit the payment and receipt of modities named in this regulation if they anywhere in the United States, except in the commission man’s and wholesaler’s originate outside of and are imported Appalachian, North Central, Northern mark-ups permitted by this section. into the continental United States. and Northeastern hardwood lumber re ARTICLE III— SPECIFIC DUTIES AND PRIVILEGES Sales, purchases, and deliveries of such gions as those regions are described in AND PROHIBITED PRACTICES imported commodities are governed by Maximum Price Regulations 146, 155, S ec. 9. Petitions for amendment. Any the provisions of Second Revised Sup- 223, and 368. person seeking an amendment of any T able 1—M aximum Peices pee M'BM foe Standard Qeades and Victory Geade Oak Floobing provision of this regulation may file a petition for amendment in accordance • 2) 4a x *H2 X X 254z x V X H r M «x2" M«X with the provisions of Revised Proce 3) 4" 2)4" 2" 1 w )4 x2" VA" H x X' 1H" 1)4" tongued tongued tongued tongued tongued V. E. V. E. dural Regulation No. 1, issued by the Of Grades and species tongued tongued tongued strips or and and and and and and and and square strips or fice of Price Administration. grooved, grooved, grooved, grooved, grooved, grooved, grooved, grooved, edge squaro E. M. E. M. E. M. E. M. E. M. E. M. E. M. E. M. edge Sec. 10. Prohibited practices. Any practice which is a device to get the ef $137.50 $123.00 $115.50 $125. 50 $124.50 $112. 50 $108.50 $127.50 $122.00 104.00 111.00 105.00 fect of a higher-than-ceiling price with Clear Quartered Red O ak.... ——- 124.50 113.50 106.50 122.00 119.50 105.00 Select Quartered White Oak. 117. Ò0 109.50 97.50 105.00 102.50 84.50 82.50 98.50 94.50 out actually raising thé dollars-and- 118.50 111.00 98.50 106.50 102.50 86.50 85.50 98.50 94.50 cents price is as much a violation of this 119.50 .109.50 100.50 108.50 104.00 92UX) 78.00 105.00 90.50 regulation as an outright over-ceiling 119.50 109.50 100.50 108.50 102.50 92.00 81.00 .104.00 90.50 Select Plain White Oak____ 113.50 108.50 94.50 102.50 93.00 76.00 74.50 97.50 84.50 price. This applies to changes in credit ...... 113.50 105.00 97.50 100.50 94.50 78.00 74.50 97.50 84.50 practices and cash discounts and to de No. 1 Common White O ak.. 106.50 97.50 84.50 94.50 86.50 70.50 69.00- 86.50 74.50 106.50 97.50 85.50 94.50 86.50 70.50 69.00 86.50 74.50 vices making use of commissions, serv No. 2 Common Mixed Oak.. 81.00 70.50 62.50 64.00 55.50 56.50 53.00 44.50 42.00 ices, transportation arrangements, pre No. 1 Common and Better 90.50 80.00 72.50 74.50 69.00 64.00 58.50 47.50 43.50 miums, special privileges, tying agree N o.'2 Common Mixed Oak ments, trade understandings and the 62.50 58.50 £4.00 53.00 44.50 47.50 41.00 Victory Grade Red or White like. $112.50 105.00 94.50 84.50 93.00 85.50 69.00 67.50 It shall be a violation of the regulation Victory Grade Red or White to mark, label, or otherwise identify 86.50 81.00 70.50 62.50 66.00 60.50 55.50 49.50 hardwood flooring produced outside the regions covered by Articles V and VIII, Notes on standard grades and victory grade oak flooring, X bundles only: For X bundles only, the maximum price shall be 80 percent of the maximum price for the same grade and size in regular length stock, as set forth in this table. in any manner which would reasonably X and 3' bundles only: For X and 3' bundles only (to include at least 20 percent of footage in 3' bundles), the maximum lead any purchaser to believe that the price shall be 85 percent of the maximum price for the same grade and size in regular length stock, as set forth in this flooring had been produced within the table. regions covered by Articles V and VIII. T able 2—M aximum P rices pee M 'BM for P refinished R ed Oak oe White Oak Flooring It shall be a violation of this regulation for a flooring mill to deliver or agree to Grade 2?$2 x 3)4" 254a x 2%" 2542 x 2)4" V i x 2H" Vi X 2" *AxX' deliver flooring covered by this regulation » to a person in consideration of, or in re $136.00 $120.50 $129.50 t $126.60 $126.50 $110.00 131.50 125.00 125.00 122.50 122.60 105.50 turn for, the delivery of lumber to such 127.00 127.00 124.50 124.50 , 107.50 flooring mill, or to accomplish the same 134.00 result by any other trading devices, the * Notes on prefinished red or white oak flooring: ■ , „ . , effects of which are to give or receive ad Prime grade: Same as select and better strip oak flooring, and will average approximately 50 percent each clear and ditional consideration of any type, over selects. Bundles: X and longer; minimum average: i'A'. , . . Standard grade: A combination of No. 1 Common and No. 2 Common strip oak flooring, and will average approxi and above the payment of the maximum mately 70 percent £io. 1 Common and 30 percent No. 2 Common. Bundles: 1)4' and longer; minimum average; price. ^Standard and better grade: A combination of prime grade and standard grade, to include the normal percentage S ec. 11. Records. All sellers and all of each of these grades developing. . , „ , ,. . , „A Additions and deductions: For standard or standard and better grade, shipped in X and longer bundles, add $2.00 buyers of hardwood flooring covered by per M'BM to the price for the regular grade (2' bundles contain pieces 18" to 30"). _ .. this regulation for direct-mill shipment For prime, standard or standard and better grade, shipped in 1)4 bundles only, deduct $15.00 per M BM from the must retain a copy of the invoice cover price for the appropriate grade in table 2. 9752 FEDERAL REGISTER, T h u rsd a y, September 5, 1946
ARTICLE V— PRICE TABLES 1. The producing mill must register with T able 5— Maxim um P rices per M 'BM for the Lumber Branch, Office of Price Admin S tandard G rades and Victory Grade Beech The maximum prices established in istration, Washington 25, D. C., and must F looring—Continued Article V may not be charged except for keep on file an acknowledgement from OPA Grade Maximum price flooring produced in mills located in cer that the registration has been received. The 25/32 x 214": per M’BM tain regions. These regions are the registration may be in any form so long as First grade—red______$108.50 Appalachian, North Central, Northern it shows the exact name of the mill, and the First grade______102.00 location of the mill (town, county, and Second grade______z____ 98.00 and Northeastern hardwood lumber re State). Third grade______— 82.50 gions, as defined in Maximum Price 2. The producing mill must either stamp Third grade and better shorts____ 74. 50 Regulations 146, 155, 223, and 368. The each piece with the name Xor trade name) Victory grade______95. 50 maximum prices set forth are for 1000 and location (town and State) of the mill, 25/32 x 314": feet board measure for the indicated or securely tag or label each bundle, the tag Victory grade______102.50 species, grade, and size, f. o. b. mill. or label to bear the following wording: T able 6—M aximum P rices P er M'BM for Pre In order that the Office of Price Ad Produced b y ______finished Beech Flooring ministration may properly enforce these (Exact name of producing mill) maximum prices, particularly on sales A t ______s.-______... Grade 2f4z x 2Ms x • 2M2X )4 x Hx2" out of distribution yard stocks, it is nec (Location of producing mill) 3)4" 2M" 2)4" - 2)4" essary that it maintain an accurate file Authorized maximum price fixed of hardwood flooring mills located in by Article V of MPR 458 Prime______$129.50 $123.00 $123.00 $123.00* $123.00 Standard___ 126.00 119.50 119.50 119.50 119.60 these regions, and that all flooring pro The maximum prices for any oak Standard and • duced in such mills be easily identifiable flooring produced by a mill which fails to better____ 128.00 121.00 121.00 121.00 121.00 as such. Therefore, the following two meet the registration and labeling re requirements must be complied with be Notes on prefinished beech flooring. quirements set forth above shall be the Prime grade: Same as second and better strip beech fore the prices in this Article V may be maximum prices established in Article flooring, and will average about 50 percent first grade and IV of the regulation. 50 percent second grade. Bundles: 2' and longer; mini charged: mum average: 4'. T able 3.—M aximum Prices per M 'BM for Standard Grades and Victory Grade Oak Flooring Standard grade: Same as third grade. Bundles 1)4' and longer: Minimum average 3'. Standard and better grade: A combination of prime *)42 X SM2 X *542 x H x Me x grade and standard grade to include the normal percent 3)4" ' 2)4" 2" )4x2" 1)4" H x 2 " 1)4" Ma x 2" 1)4" age of each of these grades developing. tongued tongued tongued tongued tongued tongued tongued V. E. V. E. Additions and deductions: For standard or standard Grades and species and and and and and and and strips or strips or and better grade, shipped in 2' and longer bundles, add grooved, grooved, grooved, grooved, grooved, grooved, grooved, square square $2.00 per M'BM to the price for the regular grade (2' E. M. E. M. K.M. E. M. E. M. £ . M. E. M. edge edge bundles contain pieces 18" to 30"). For prime, standard or standard and better grade, 1 1 » l e f -1 - s f t I shipped in 1M' bundles only, deduct $15.00 per M ’BM Clear Quartered White Oak.. $148.00 $132.50 $124.50 $135.50 $134.00 $121.50 $117.00 $137.50 $131.50 from the price for the appropriate grade in table 6. 134.00 122.50 114.50 131.50 128.50 113.00 112.00 119.00 113.00 126.0Q 118.00 105.00 113.00 110. 50 91.00 88.50 106.50 102.00 ARTICLE VH— PRICE TABLES Select Quartered Red O ak...... 127.50 119.00 106.50 114.50 110.50 93.50 92.50 106.50 102.00 128.50 118.00 108.00 117.00 112.00 9a 50 84.50 113.00 97.50 The maximum prices established in 128.50 118.00 108.00 117.00 110.50 98.50 86.50 112.00 97.50 Select Plain White Oak____ 122.50 117.00 102.00 110.50 100.00 82.00 80.50 105.00 91.00 Article VII are for 1,000 feet board meas 122.50 113.00 105.00 108.00- 102.00 84.50 80.50 105.00 91.00 ure of flooring of the indicated species, No. 1 Common White Oak... 114. 50 105.00 91.00 102.00 93.50 75.50 74.00 93. 50 80.50 No. 1 Common Red Oak...... 114.50 105.00 92.50 102.00 93.50 75.50 74.00 93.50 80.50 grade and size, f. o. b. mill, produced 86.50 75.50 67.00 69.60 60.00 61.00 57.00 48.00 45.50 anywhere in the United States. No. 1 Common and Better 97.50 85.50 78.00 80.50 74.00 69.50 62.50 51.00 46.50 T able 7—Maximum P rices P er M'BM for No. 2 Common Mixed Oak Standard G rades and Victory G rade Gum 67.00 62.50 58.50 57.00 48.00 51.00 44.00 F looring, T ongued and G rooved, End- Victory Grade Red or White $121.50 113.00 102.00 91.00 100.00 92.50 74.00 72.50 Matched, K il n -D ried Victory Grade Red or White 93.50 86. 50 $>. 50 67.00 71.50 65.0060.00 53.00 Grade Maximum price % x 214": per M'BM Clear ______$99. 50 Notes on standard grades and victory grade oak flooring: 2' bundles only: For 2' bundles only, the maximum price shall be 80 percent of the maximum price for the same grade and size in regular length stock, as set forth in this table. S elect_____ ,______97.00 •a and 3 'bundles only: For 2' and 3' bundles only (to include at least 20 percent of footage in 3' bundles), the maximum No. 1 Common______...... 82.00 price shall be 85 percent of the maximum price for the same grade and size in regular length stock, as set forth in this No. 2 Common______66.50 table. .. . Victory grade______85.50 Table 4.—Maximum P rices P er M 'BM for P refinished Red Oak or White Oak Floorinc Victory grade shorts______66. 50 % x 3i4": Clear______106.50 Grade 2Ma x 3)4" *Max2M" ¡»Hi x 2)4" H x 2)4" H x 2" % x 2" S elect______.______104.00 No. 1 Common______88.00 $144. 50 $137.00 $137.00 $133.00 $133.00 $115.00 No. 2 Common______70.50 ' 140.00 132.50 132.50 129.00 129.00 ÌÌ0.50 Victory grade______...... 91.50 142.50 134.50 134.50 131.00 131.00 112.50 Victory grade shorts______70.50 % x 1 Notes on prefinished red or white oak flooring: Clear______1. 84. 50 Prime grade: Same as select and better strip oak flooring, and will average approximately 60 percent each clear and S elect______82.50 selects. Bundles: 2' and longer; minimum average: 4)4'. No. 1 Common______...... 65.50 Standard grade: A combination of No. 1 Common and No. 2 Common strip oak flooring, and wUl average approxi mately 70 percent No. 1 Common and 30 percent No. 2 Common. Bundles: 1 )4' -and longer; minimum average; 3J4'. No. 2 Common___.______51.00 Standard and better grade: A combination of prime grade and standard grade, to include the normal percentage Victory grade______68. 50 of each of these grades developing. Victory grade shorts______50, 50 Additions and deductions: For standard or standard and better grade, shipped in 2' and longer bundles, add $2.00 per M'BM to the price for the regular grade (2' bundles contain pieces 18" to 30"). Notes on standard grades and victory grade For prime, standard or standard and better grade, shipped in 1)4' bundles only, deduct $15.00 per M'BM from the price for the appropriate grade in table 4. gum flooring: For purposes of this regulation, the grades ARTICLE VI— PRICE TABLES T able 5— Maxim um P rices per M 'BM for of gum flooring are defined as follows: , Standard G rades and Victory Grade Beech Clear.—Face practically free _ of defects. The maximum prices established in F looring 2' and longer, permitting up to 30% 2' and Article VI are for 1,000 feet board meas 3'. ure of flooring of the indicated species, Grade Maximum price Select.—Admits small tight knots, pin grade and size, f. o. b. mill, produced any 25/32 x 1 y2 ": ‘ per M'BM worm holes, and slight imperfections in where in the United States except in the First grade—red______$90.00 working. 3' and longer, permitting up to First grade______83.00 40% 2' and 3'. Appalachian, North Central, Northern No. 1 Common.—Will lay a sound floor and Northeastern hardwood lumber Second grade______80.00 without cutting. 1' and longer, permitting regions, as those regions are described in Third grade______65.50 up to 60% 1' to 3'. Maximum Price Regulations 146, 155, Third grade and better shorts____59.00 No. 2 Common.—Admits defects of all 223, and 368. Victory grade______77.50 kinds, but will lay a serviceable floor with FEDERAL REGISTER, T h u rsd a y, September 5, 1946 9753
P art 1382—Hardwood Lumber some cutting. 1' and longer, permitting up such mills be easily identifiable as such. to 80% 1' to 3'. Therefore, the following two require [RMFR 432] Victory.—Shall be machine run, consisting ments must be complied with before the of all grades named herein developed in a prices in this Article VIII may be NORTHERN HARDWOOD FLOORING normal run of average grade lumber, with charged: Maximum Price Regulation 432 is ail grades bundled together. The lowest redesignated Revised, Maximum Price piece admitted shall not be less than No.. 2 1. The producing mUl must register with Common and lay a serviceable floor without the Lumber Branch, Office of Price Admin Regulation 432 and is revised and cutting. The bundles are to be 2' and up, istration, Washington 25, D. C., and must amended to read as set forth below: with an average length of not less than 4%*. keep on file an acknowledgment from OPA A statement of the considerations in that the registration has been received. The volved in the issuance of this regulation MANUFACTURING REQUIREMENTS registration may be in any form so long as it has been issued simultaneously herewith Flooring must meet all of the manufactur shows the exact name of the mill, and the and has been filed with the Division of ing requirements for tongued and grooved, location of the mill (town, county, arid the Federal Register. The standards end-matched flooring, as required by rules of state). 2. The producing mill must either stamp and specifications used in this regulation the National Oak Flooring Manufacturers were, prior to such use, in general use in Association for standard grades of oak and «ach piece with the name (or trade name) other hardwood flooring. and location (town and state) of the mill, or the hardwood flooring Industry. Flooring shall not be considered to meet securely tag or label each bundle, the tag or ARTICLE I—SCOPE OF THE REGULATION the requirements of these grades unless the label to bear the following wording: S€C. lumber from which the flooring is manu Produced by ------1. Prices higher than ceiling prohibited. factured has been properly kiln-dried. (Exact name of producing mill) 2. What products, transactions, and persons T able s 8—Maximum P rices per M'BM for A t ------(Location of producing mill) are covered. Standard G rades and Victory G rade P ecan ARTICLE U—MAXIMUM PRICES AND TERMS OF SALE F looring Authorized maximum price fixed by Article Grade Maximum price VIII of MPR 458. 3. Maximum f. o. b. mill prices. per M'BM 4. Delivered prices. 25/32” x 1%": *«« on The maximum prices for beech floor 5. Grades, services, or extras not listed. ing produced by a mill which fails to 6. Maximum export prices. Second grade------meet the registration and labeling re 7. Adjustable pricing. Third-grade------— ®7- quirements set forth above shall be the 8. Distributors’ direct-mill sales. Fourth grade------'------49 • maximum prices set forth in Article VI. Victory grade—------73.50 ARTICLE m —SPECIFIC DUTIES AND PRIVILEGES AND Victory grade shorts------58.50 T able 10—Maxim um P rices P er M'BM for PROHIBITED practices 25/32” x 2&”: _ Standard G rades and Victory G rade B eech First grade—white------109-50 F looring 9. Petitions for adjustment or amendment. First grade-—red------10®- 50 Grade Maximum price 10. Prohibited practices. First grade—regular ------106. 50 2%2Xl V2 ": per M'BM 11. Records. Second grade—red------104.00 First grade—red------;------$92.50 12. Enforcement. Second grade—regular------98.50 First grade------85.0013. Licensing. Third grade------Second grade______i 82.00 14. Imports. Fourth grade------66.00 Third grade______— 67. 50 15. Relation to other regulations. Fourth grade—15” shorts—------55.50 Third grade and better shorts------60.50 ARTICLE IV—PRICE TABLES Victory grade______®5- Victory grade__ —- —------— - 80.50 Victory grade shorts------76.00 2%2x2»4” : Au th o r ity : 5 1382.302 issued under 56 Stat. 25/32” x 31/4": v 1M m First grade—red------— ------112.00 23, 765; 67 Stat. 566; Pub. Law 883, 78th First grade.____ — ------— 105.00 Cong.; Pub. Laws 108 and 548, 7 9 th Cong.; Victory grade shorts------83.50 Second grade------101.00 E. O. 9250,»7 F. R. 7871; E. O. 9328, 8 F. R. Table 9—M aximum Prices Per M'BM for P re Third grade_____—------——- 84.50 4681; E. O. 9599, 10 F. R. 10155; E. O. 9651, finished P ecan Floobino Third grade and better shorts------76.50 10 F. R. 13487; E. O. 9697,11 F. R. 1691. Victory grade___ __ —.------98.00 m a x *?4sx *WîX 2%2x3y4” : ARTICLE I — SCOPE OF THE REGULATION Grade 3)4" 254" 2)4" Victory grade______10S-60 S ection 1. Prices higher than ceiling T able 11—M aximum P rices per M 'BM for P re- prohibited, (a) On and after Septem $128.00 $121.00 $121.00 finished Beech F looring 124.50 118.00 118.00 ber 9,1946, regardless of any contract or 119.50 119.60 126.00 5^2 X *54» x *54» x H x H r other obligation, no person shall sell or Grade 3H" 254" 2)4" 2)4" 2" deliver and no person shall buy or receive Notes on prefinished pecan flooring. in the course of trade or business, any Prime gradei Same as second and better strip pecan Prime______$132. 60 $125.50 $125.50 $125.60 $125.50 hardwood flooring covered by this reg flooring, and will average about 60 percent flrat grade Standard___ 129.00 122.00 122.00 122.00 122.00 ulation for direct-mill shipment at prices and 60 percent second grade. Bundles: 2' and longer; Standard and minimum average: 4'. ... 123.60 123.60 123.60 higher than the maximum prices fixed Standard grade: Same as third grade. Bundles 1H better...... 13L00- 123.60 and longer: Minimum average: 3'. by this regulation, and no person shall Standard and better grade: A combination of prime Notes on preflnished beech flooring. agree, offer, or attempt to do any of grade and standard grade to include the normal percent- Prime grade: Same as second and better strip beech age of each of these grades developing. flooring, and will average about 50 percent first grade these things. Additions and deductions: For standard or standard and 60 percent second grade. Bundles: H and longer; (b) Prices lower than the maximum and better grade, shipped in V and longer bundles, add minimum average: 4'. $2.00 per M'BM to the price for the regular grade (e Standard grade: Same as third grade. Bundles 1)4 prices may, of course, be charged and bdndles contain pieces 18" to 30''). and longer: Minimum average: 3'. paid. For prime, standard or standard and better grade, Standard and better grade: A combination of prime shipped in 1)4' bundles only, deduct $16.00 per M BM grade and standard grade to include the normal per Sec. 2. What products, transactions, from the price for the appropriate grade in table 9. centage of each of these grades developing. - Additions and deductions: For standard or standard and persons are covered. This regula ARTICLE VIII and better grade, shipped in 2' and longer bundles, add tion covers all direct-mill sales of un $2.00 per M'BM to the prices for the regular grade (2' finished and prefinished hardwood floor The maximum prices established in bundles contain pieces 18" to 30'')- . For prime, standard or standard and better grade, ing produced from the species and in the Article VHI may not be charged except shipped in 1 bundles only* deduct $15.00 per M BM regions Indicated as follows: for flooring produced in mills located in from the price for the appropriate grade in table 11. the Appalachian hardwood region, as Regions where defined in Maximum Price Regulation This regulation shall become effective Species produced September 9, 1946. Hard Maple and Birch Anywhere In the 146. The maximum prices set forth are United States. No te: The reporting provisions of this reg for 1000 feet board measure for the in Beech and all other Northern, Northeast dicated species, grade, and size, f. o. b. ulation have been approved by the Bureau ern (except Can of the Budget pursuant to the Federal Reports hardwood species except H ard M aple, ada) and North mill. Act of 1942. Birch, Oak, Pecan, Central, as those Issued this 4th day of September 1946.- a n d G um . regions are de scribed In Max P aul A . P orter, imum Price Regu ' Administrator. lations 223, 368, and 155, respec [F. R . Doc. 46-15851; Filed, Sept. 4, 1946; 11>28 a. m.] tively. In order that the Office of Price Ad ministration may properly enforce these maximum prices, particularly on sales 1out of distribution yard stocks, it is nec essary that it maintain an accurate file of hardwood flooring mills located in this region, and that all flooring produced in 9754 FEDERAL REGISTER, Thursday, September 5, 1946 This regulation applies regardless of (b) Trucking to rail head. When a of Price Administration having authority the kind of mill or plant in which the truck haul precedes rail shipment, as to act upon the pending request for a flooring is produced, and regardless of when a mill located away from the rail change in price or to give the authoriza whether the particular item is specifi head hauls hardwood flooring by truck tion. cally priced in the price tables or not. to the rail head, no addition may be The authorization will be given by or Any person who makes a direct-mill sale made for the truck haul. However, in der, except that it may be given by letter for himself or others is subject to this the following two cases a mill may apply or telegram when the contemplated re regulation. for special permission to make an addi vision will be the granting of an indi No te: See Second Revised Maximum Price tion \ vidual application for adjustment. ' Regulation 215 for mark-ups and additions (1) When the mill was located away S e c . 8 . Distributors’ direct-mill sales— permitted on sales out of distribution yard from rail connection because it special stock. ized in water-borne hardwood flooring (a) Mark-up on wholesale type direct- and where shortage of shipping has mill sale. Subject to the exceptions and ARTICLE II— MAXIMUM PRICES AND TERMS forced it to operate by rail. limitations set forth in paragraph (f), di OF SALE rect-mill distributors and distribution (2) When a mill’s rail connection has yards may on a wholesale type direct- S ec. 3. Maximum f. o. b. mill prices been abandoned since September 5,1941*. mill sale add 5 percent to the mill maxi (a) The maximum f. o. b. mill prices for (Note: The word “abandoned” means mum price established in or approved maple, birch, and beech flooring are set total and permanent abandonment.) under this regulation. The addition may forth in Article IV. The application should be made by be evened out to the nearest quarter dol (b) Small quantities. The following letter to the Lumber Branch, Office of lar per M'BM, or the addition may be additions per M'BM may be made when Price Administration, Washington 25, added as one lump sum to the total the purchaser (or purchasers in the case D. C. No additions may be made on amount of the bill based on the mill max of a pool car) orders an item consisting quotations or sales for trucking to a rail imum prices. of one species, thickness, and grade, in head until the Office of Price Adminis (b) Mark-up on a commission type the following quantities: tration has given the seller permission direct-mill sale. Subject to the excep Quantity ordered: Addition per M’BM to make such additions. tions and limitations set forth in para 3000 to 4000 feet______$1.00 S ec. 5. Grades, services, or extras not graph (f), the maximum price for floor 2000 to 2999 feet______2.00 ing purchased and sold under this regu 1000 to 1999 feet______•______?. 50 . listed, (a) If a seller wishes to sell a 999 feet or less______3.00 grade or item which is not specifically lation on a commission type direct-mill priced in the price tables, he must apply sale, is 3 percent higher than the mill S ec. 4. Delivered prices—(a) Common to the Lumber Branch, Office of Price maximum price. The mill maximum or contract carrier. When shipment is Administration, Washington 25, D. C.,- price, including the commission, may be by common or contract carrier, the max for a maximum price. He must provide evened out to the nearest quarter dollar imum delivered price of hardwood floor the following information: per M'BM, or the addition may be added ing under this regulation shall be an - (1) The requested price; as one lump sum to the total amount of amount which is not greater than the (2) A complete description of the item the bill based on. the mill maximum permissible f. o. b. mill maximum price to be priced; prices. The mill must pay to the com plus either (1) the actual transportation (3) The price differential between it mission man at least the amount added charges paid or owed by the seller to a and the most comparable item in the as a mark-up so that the mill’s realiza common or contract carrier for shipment price tables, in October 1941, from the tion shall not exceed the mill maximum seller’s own records, or if that is impos prices. from the seller’s mill to the point of de (c) Pyramiding prohibited. The price livery required by the purchaser except sible, from experience of the trade. If no established price differential which additions permitted in this section may as stated in paragraph (b) below, or (2) can be used for comparison existed, a not be added more than once to the mill transportation charges based upon es detailed analysis of the calculation of maximum price in the regulation regard timated weights contained in the table the requested price should be furnished. less of the number of persons partici below for shipment from the seller’s mill (b) As soon as the request has been pating in the transaction. to the point of delivery required by the filed, quotations and deliveries may be (d) Application for and granting of purchaser except as stated in paragraph made at the requested price, but the final registration as a direct-mill distributor. (b) below. Transportation charges payment may not be made until the price All persons desiring to operate as direct- based upon estimated weights shall be has been approved. Action on the re Inill'distributors must apply to the Lum figured by multiplying the rail rate by quest may be by letter or telegram. ber Branch of the Office of Price Admin the estimated weights given in the fol istration, Washington 25, D. C., for, and S ec. 6. Maximum export prices. The receive, a registration number before lowing table, evened out to the nearest maximum price at which a person may charging or receiving the addition pro quarter-dollar per 1000 feet board meas export any commodity to which this vided in paragraphs (a) and (b) of this ure: regulation is applicable shall be deter section. (Distribution yards need not ESTIMATED WEIGHTS mined in accordance with the Maximum apply.) The application shall contain , Weight Export Price Regulation, as revised, either a statement showing all-connec per M'BM issued by the Óffice of Price Adminis tions which the applicant has with any Tongued and grooved flooring: (pounds) tration. % x iy2"------1,000 mill, concentration yard, or other lum % x 2 " ...... 1,000 S e c . 7. Adjustable pricing. Any person ber or flooring producer, which may have y2 x i y2 " ------— . i,4 o o may agree to sell at a price which can any bearing on the question of "control y2 x 2 " ------:______1,400 be increased up to the maximum price in relationship” as described in paragraph y2 x 2 % " ------1,400 effect at the time of shipment; but no (f) (5) of this section, or a statement % x iy2 ' ------^------i,6 o o person may, unless authorized by the showing that he has no connection with % x 2 " ------1, 600 any mill, concentration yard, or other % X 2 y4 ” ...... 1------1,600 Office of Price Administration, deliver or 2%2 X ll/2” ------2,000 agree to deliver at prices to be adjusted lumber or flooring producer, which has 2%2 X 2"----;______2,000 upward in accordance with action taken any bearing on the question of “control • 2%2 X 21,4 2,000 by the Office of Price Administration relationship” as described in paragraph 2%2 X 3 % " ------2,250 after shipment. Such authorization may (f) (5) of this section. Anyone pre 3%2 X 2"------2,250 be given when a request for a change in viously registered as a direct-mill distrib 3%2 X 2^4"...... 2,250 3%2 X 314"------2,400 the applicable maximum price is pend utor under Supplementary Order 150 3%2 X 4” __ 2,500 ing, but only if the authorization is nec may continue to act under such regula «<62 X 214"------2,500 essary to promote distribution or produc tion without reapplying. 4%2 x 31 4 "------_____ 2,700 tion and if it will not interfere with the (e) Definition of terms—(1) Direct- Jointed flooring: purposes of the Emergency Price Con mill sales. A direct-mill sale is one % x 21/2"— — ...... — 2,250 trol Act of 1942, as amended. The au which originates at a mill and in which 2%2 x 3 y2 " ------__ 2,400 3%2 x 2 y2 ,,------2,500 thorization may bis given by the Admin the flooring reaches the consumer or dis 3%2 x 3 Mt"______2,600 istrator or by any official of the Office tribution yard without becoming a part FEDERAL REGISTER, Thursday, September 5> 1946 9755 consideration of whether maximum of the stock of any intervening extent of more than 10 percent of a mill or concentration yard, has any interest prices are at such a level that production purchaser. or supply of the flooring is impeded or (2) Direct-mill distributor. A direct- in a direct-mill distributor, or vice versa, and such interest was acquired on or threatened: mill distributor is a wholesaler or com (i) Whether, and by what amount, the mission man who is registered as such after July 1, 1943. Member of a family means any person related to an individ maximum price is below or above unit by the Lumber Branch of the Office of manufacturing costs. Price Administration, Washington, D. C., ual or his spouse by blood dr marriage within the third degree. (ii) Whether, and by what amount, and receives his registration number. (g) Invoicing requirements on distrib the maximum price is below or above (3) Distribution yard. A distribution utor’s direct-mill wholesale type • sale. total unit costs. yard is a wholesale or retail lumber yard The invoice on any distributor’s direct- (iii) Whether, and by what amount, as defined in 2d Revised Maximum Price mill wholesale type sale must be plainly the seller’s current over-all profits, be Regulation 215. marked “wholesaler’s direct-mill sale” fore income and excess profits taxes, are (4) Wholesale type direct-mill sale. and must show the name and registra greater or less than his average over-all A wholesale type direct-mill sale is a tion number of the direct-mill distribu profits during a normal base period, ad direct-mill sale in which the seller buys tor. The invoice must also bear the fol justed to reflect any change from the flooring from a mill, wholesaler or con lowing endorsement: “The flooring cov normal base period average investment. centration yard, and sells the flooring to ered by this invoice did not originate at (iv) Whether greater efficiency in pro the buyer in the same form. a mill or concentration yard with which duction or merchandising can be reason (5) Commission-type sale. A com we have a control relationship.” ably expected so that an adjustment mission-type sale is a direct-mill sale (h) Invoicing requirements on direct- would not be necessary. through a commission man. For the mill commission type sale. The invoice (v) Whether the seller previously sold purposes of this section, a commission on any direct-mill commission type sale the particular type of flooring under man is a distribution yard or a person consideration at a price which was below who represents, and customarily sells must be plainly marked “commission lumber and/or flooring in carload quan man’s direct-mill sale” and must show his total unit costs. tities for, two or more mills or concen the name and registration number of the (3) Form and contents of applications. tration yards which are independent of direct-mill distributor. The invoice Applications under this section must be each other; receives his compensation must also bear the following endorse filed in accordance with Revised Proce from the mills in the form of commission ment: “We do not hav.e a control rela dural Regulation No. 1, issued by the Of based on the amount sold; and operates tionship with (name of the distributor)”. fice of Price Administration. independently of both buyer and seller. (i) Maximum price when endorsement All applications must contain: it)' Exceptions and limitations. The on invoice is false. If a mill or concen (i) Profit and loss statements, in the mark-ups permitted in this section may tration yard makes a statement on an in detail normally prepared by the appli not be made in the following cases; voice that it has no control relationship cant, covering the company’s entire op (1) On any sale of flooring under this with the direct-mill distributor, and such erations for the years 1936 through 1939, regulation for which the invoice from statement is false, the maximum prices the last calendar or fiscal.year preceding the mill or concentration yard does not at which the flooring covered by such in the filing of the application, the last contain the statement “This mill has no voice may be sold by it are 5 percent less quarter of such calendar or fiscal year control relationship with (name of dis than the mill maximum price. and the available interim period for the tributor) as defined in Revised Supple (J) Suspension of licenses, Any per current calendar or fiscal year. mentary Order 150”. > son making a sale under this regulation (ii) Operating statements for maple, (2) On any sale of less than carload is subject to the provisions of Licensing birch, and beech flooring operations quantities when shipped by rail, except Order No. 1. A violation of any provision only, for the last calendar or- fiscal year that a sale for resale purposes in less of this regulation is a violation of the preceding the filing of the application, than carload quantities when shipped in seller’s license. Violations of the license the last quarter of such calendar or fiscal a pool carload may carry the mark-up. or of this regulation may result in sus year and the available interim period for (3) On any sale of less than 5 M'BM pension of the license in accordance with the current calendar or fiscal year. when shipped by truck or water. the provisions of the Emergency Price (iii) A tabulation showing the produc (4) On any sale which carries an ad Control Act of 1942, as amended. tion of maple, birch and beech flooring dition for a small-quantity type sale. (k) Any provision in this regulation and each item within each grade for the (5) On any sale of flooring which orig which prohibits the charging, receiving last calendar or fiscal year preceding the inates at a mill or concentration yard or paying a commission for the service of filing of the application, the last quar with which the direct-mill distributor procuring flooring shall not be deemed to ter of such calendar or fiscal year and has a “control relationship”. A “control prohibit the payment and receipt of the the available interim period for the cur relationship” includes any of the follow commission man’s and wholesaler’s, rent calendar or fiscal year. Companies which have previously sub ing: x .. . mark-ups permitted by this section. (i) Profit, sharing arrangement, direct mitted any of the above-required data or indirect, which was established on or ARTICLE II I — SPECIFIC DUTIES AND PRIVILEGES may omit such items from the data sub after July 1, 1943. This means a finan >. AND PROHIBITED PRACTICES mitted with their applications. ec cial interest by a direct-mill distributor S . 9. Petitions for adustmjent or S e c . 10. Prohibited' practices. Any in the profits, return or realization of a amendment— (a) Petitions for amend practice which is a device to get the effect mill or concentration yard, or by a mill ment. Any person seeking an amend of a higher-than-ceiling price without or concentration yard in the profits, re ment of any provision of this regulation actually raising .the dollars-and-cents turn or realization of a direct-mill dis may file a petition for amendment in price is as much a violation of this regu tributor, and includes common owner accordance with the provisions of Re lation as an outright over-ceiling price. ship or control of a mill and direct-mill vised Procedural Regulation No. 1 issued This applies to changes in credit prac distributor by f a third person. It also by the Office of Price Administration. tices and cash discounts and to devices includes any arrangement whereby a dis (b) Applications for adjustment—(1) making use of commissions, services, tributor or producer shares in the profits When adjustment may be granted. The transportation arrangements, premiums, of the other, whether such arrangement* Price Administrator may by order adjust special privileges, tying agreements, trade is oral or written, direct or indirect. the maximum prices established under understandings and the like. Where a mill, concentration yard, or di this regulation for any seller of maple, It shall be a violation of this regula rect-mill distributor is a corporation, birch and beech flooring whenever he tion for a flooring mill to deliver or agree stock ownership of more than 10 percent finds that the seller’s maximum prices to deliver flooring covered by this regu of the total issued outstanding stock by are at such a level that (taking into ac lation to a person in consideration of, or a direct-mill distributor in the mill or count costs of production and the over in return for, the delivery of lumber to concentration yard, or vice versa, consti all profit position of the seller) produc such flooring mill, or to accomplish the tutes a “control relationship”. tion or supply of flooring is impeded or same result by any other trading devices, (ii) Family relationship. A family rethreatened. (2) Factors which may be considered. the effects of which are to give or receive lationship exists if any member of the additional consideration of any type, family of the owner or part owner to the The following factors are relevant to the 9756 FEDERAL REGISTER, Thursday, September 5, 1946
over and above the payment of the maxi T able 1—H ard Maple F looring, T ongded and T able 2— J ointed H ard Maple F looring—Con. mum price. Grooved and E nd Matched— Continued S ec. 11. Records. All sellers and all Maxi Maxi buyers of hardwood flooring covered by Thickness, width, and mum Thickness, width, and mum this regulation for direct-mill shipment grade Lengths price per grade Lengths price per M feet M feet must retain a copy of the invoice cover BM BM ing each transaction or maintain records in other form containing a complete de 294a x 354": 294a x 1)4": First...... 2-16' $115.00 scription of the flooring, name and F irst. _ ...... _ 2-ifi' . $103.00 Second..-...... 114-16' 109.00 address of the other party to the trans 2-5 W ____r____ 94.50 Second and Better...... 154-16'... . 112.00 7-21" ... 65.60 Third.______1-16'___-j____ 92.00 action, date of sale, and the price paid, Second...... 1V4-1R' 83.00 Third and Better_____ 1-16'. . 107.00 including any special addition for extra 7-21"___ — 59.50 394a x 2)4": ^ service, working, or specification. These Third . __ __ ... 1-16' - 71.50 First...... 2-16' 119.50 294ax 2": Second...... 154-16' .. ,, 113.50 records must be retained for two years, First ...... _ 2-16' 107.50 Second and Better____ 154-16'.. ' 116.50 for inspection by the Office of Price 2-« W. 98.00 Third...... 1-16' 91.50 7-21"____ - 73.50 Third and Better_____ 1-16' . 111.00 Administration. Second.-__ .... 154-16'...... 100.50 3 94a x 3)4": 154-514'__ 94.00 First...... 2-16' 124.00 S ec. 12. Enforcement. Persons vio 7-21" . 69.00 Second...... 154-16' 117.50 lating any provision of this regulation Third...... 1-16'...... 84.50 Second and Better . . . . . 154-16'... 121.50 294a x 354": Third...... 1-16' 93.00 are subject to the criminal penalties, First______2-16' 115.50 Third and Better 1-16'...... 114.50 civil enforcement actions, suits for treble 7-21"____ 87.00 294a x 254": damages and proceedings for suspension Second - - ______Hi-16' 109.50 Second and Better 154-16' 111.50 7-21" 76.00 Third and Better_____ 1-16'...... 105.00 of licenses provided for by the Emer Second and Better 1W-16' 113.00 1942, Third______1-16'...... 05.60 gency Price Control Act of as Third and Better- _ ... 1-16'.- 106.50 amended. 894a x 2)4": T able 3—Birch Flooring, T ongued and Grooved First______2-16'_ 115.00 and E nd Matched S ec. 13. Licensing. The provisions of Second T- ___- „ 114-16' 109.00 licensing Order No. 1, licensing all per 3-16'-__ 113.00 Second and Better - - 114-16' 112.00 sons who make sales under price control, Third...... 1-16'___... 87.50 Maxi are applicable to all sellers subject to Third and Better_____ 1-16'...... 106.50 mum 894axl54": Thickness, width, and Lengths price per this regulation or* schedule. A seller’s First_____ 2-16'_ _ 102.00 grade M feet license may be suspended for violations Second_____ .. 154-16'... 78.00 BM Third______1-16'___ 61.00 of the license or of one or more applicable 894a x 2": price schedules or regulations. A person First______2-16' 106.00 2?4a x 254": whose license is suspended may not, dur Second - _ __ Hir-16' 100.00 F irst . ______2-16' $117.00 Third.i .. _ _ _ 1-16'_____ 83.50 2-514' . _ ____ 109.00 ing the period of suspension, make any 894a x 3)4": 7-2Ì" _ i : — 86.00 gale for which his license has been sus First______— 2-16'. 115.00 Second _ 154-16' _____ 109.00 Second— . ' ‘ — 114-16' 107.00 154-654' 103.00 pended* Second and Better . . . . 114-16' 111.50 7-21" . ___ 75.00 Third. ___ - - __ 1-16'_ . 90.00 Second and Better.-.. 154-16'— — -— 113.50 S ec. 14. Imports. The provisions of Third and Better_____ 1-16'. 105.00 Third...... 1-16' 90.00 this regulation do not apply to the pur 4 54a x 254" Third and Better.____ 1-16'. . 105.50 chases, sales, or deliveries of the com First ___ _ 2-16'...... 119.00 294a x 154": 154-16'...... 112.60 First...... 2-16' - 98.50 modities named in the regulation if they Second and B etter...__ 114-16' 115.50 2-fi54' _ ___ 95.00 originate outside of and are imported Third ... - 1-16'...... 91.00 7-2Ì" 62.60 r - i 6 '...... 110.00 154-16'... 77.50 into the -continental United States. ■542 X 354" 7-21"...... 55.50 Sales, purchases, and deliveries of such First ___ 2-16'...... 116.00 Third...... 1-16' 66.50 154-16'...... 110.00 294a x 2": imported commodities are governed by 154-16'...... 113.00 First...... 2-16'...... 98.50 the provisions of Second Revised Sup Third______1-16' _ 91.00 S e c o n d ..___ _ ... . . 154—16' 91.00 plementary Regulation No. 14 to the Third and Better _ 1-16'...... 107.00 Third...... 1-16'...... 75.50 8542 X 2)4" 294ax354": General Maximum Price Regulation. First __ _ _ 2-16'...... 124.50 F irst...... 2-16' 113.50 154-16'...... 115.50 7-21" .,... - 92.50 S ec. 15. Relation to other regulations. Second and Better...... 154-16'...... 119.60 Second...... 154-16' 105.60 1-16'...... 96.50 7-21" 76.50 Any sale or delivery covered by this regu Third and Better_____ 1-16'...... 115.00 Second and B e tte r...... 154—16' 109.00 lation is not subject to the General Max 8 542 x 354": 1-16' 92.00 imum Price Regulation. First ...... 2-16'...... 124.50 T h ird a n d Better_____ 1-16' 102.00 114-16' 115.60 94 x 154": 114-16'___ ARTICLE IV— PRICE TABLES 119.50 F irst . ______2-16' 86.00 1-16' 96.50 Second , ____ . ... 154-16'...... 71.00 1-16' 115.00 1-16' ...... 30.50 The maximum prices, f. o. b. mill, for 54x154": 94x2": hard maple, birch and beech flooring are First ______2-16' _ 91.00 F irst ...... 2-16' 92.00 114-16' 77.00 Second ,___ . . 154-16'...... 76.50 as follows: 1-16' 35.50 1-16' 35.50 Tables 1 and 2 apply to hard maple floor 54x2": 94x154": 2-16' :. 97.00 2-16'...... 82.50 ing produced anywhere In the United States. 114-16'.... 83.60 154—16' 69.00 Tables 3 and 4' apply to birch flooring 1-16' . 41.00 1-16'...... 50.50 produced anywhere In the United States. 54x154": 94 x 254": Table 5 applies to beech flooring produced First ...... 2-16' ___ 87.00 2-16' ___ 100.00 114-16'__ ' 75.00 154-16'______. 90.00 In the Northeastern (except Canada), North Second and B etter..'.... 114-16' . _ 81.50 1-16' _____ , 72.00 ern and North Central hardwood lumber re 1-16'...... 55.50 394a x 254": gions. 54 x 254": F irst ...... 2-16' ______103.50 First _ ___ 2-16' 105.50 154-16' ____ 97.00 T able 1—H ard M aple Flooring, T ongued and 114-16' 95.50 154-16' _____ 100.00 Grooved, and E nd M atched 114-16'______100.50 Third - 1-16' * ___ '77.00 1-16'______77.50 1-16'. 1...... 94.00 Maxi mum Thickness, width, and Lengths price per T able 2—Jointed Hard M aple Flooring T able 4—Jointed Birch Flooring grade M feet BM Maxi m um Maxi Thickness, width, and mum 94a x 254": Lengths price per 2 grade Thickness, width, and Lengths price per First. ______2-16'. _____ $120.00 M feet grade M feet 2-654' ... 113.00 BM 7-21"..-**».»*»« 91.00 BM Second...... 154-16'.. H i 00 1)4-5 W'..««...** 107.00 25 Board, with full authority to make such re- Now therefore, [seal] Defense Supplies Corporation, delegations of said powers, functions and 1. There is hereby created a board of five By H. A. Mulligan, duties as the RPC Price Adjustment Board members to be known as the “RFC Price President. may from time to time deem necessary or Adjustment Board.” Such board shall con Attest: appropriate. sist of the following members, all of whom H. T urner, 2. All money recovered in renegotiation, are members of the Boards of Directors of Secretary. with respect to fiscal years of contractors and said companies: [seal] R ubber R eserve Company, subcontractors ending after June 30,1943, by By H. J. K lossner, the RFC Price Adjustment Board in respect Chas. T. Fisher, Jr., Chairman. Chas. B. Henderson. President. of amounts paid-to such contractors or sub Attest: contractors other than from appropriations Sam H. Husbands. Howard J. Klossner. G eorge H. H ubert, from the Treasury shall be held for the ac Secretary. count of such subsidiaries. Henry A. Mulligan. Accepted: July 21, 1943. 3. This delegation shall remain in full force The board shall meet at such times and at and effect until revoked in writing by the such places as the Chairman may from time Charles T. F ish e r ,* Jr., joint action of the boards of directors of said to time specify, and any two members shall Chairman, ■RFC Price Adjustment subsidiaries, or until the RPC Price Adjust constitute a quorum for the transaction of Board. ment Board shall decline in writing the fur any business. The board shall appoint a (c) Amended delegation of authority ther exercise of the discretion and authority Secretary who shall attend all meetings of herein delegated or redelegated to it. the board and record the minutes thereof. under subsection (f) of section 403 of the 4. The powers, functions and duties dele The board may also appoint a General Coun Sixth Supplemental National Defense gated and redelegated hereby shall be effec sel who shall be the chief consulting officer Appropriation Act, 1942, (Public Law 528, tive immediately and shall be retroactive to 77th Congress), approved April 28, 1942, February 25, 1944, the effective date of the in all legal matters and shall supervise such Revenue Act of 1943. matters for the board. as amended by section 801 of the Revenue In witness whereof, the parties hereto have 2. The respective Boards of Directors of Act of 1942 (.Public Law 753, 77th Con caused this delegation and redelegation of said companies, pursuant to subsection (f) gress), approved October 21, 1942, as authority to be executed as of March 1, 1944. of the Act, hereby delegate to the RFC Price amended by the Military Appropriation. Adjustment Board, created pursuant to Para [seal] Defense P lant Corporation, graph 1 hereof, all the power, authority and Act, 1944, (Public Law 108, 78th Con By Sam H. Husbands, ~ discretion vested in. them under each and gress) , Approved July 1,1943, hereinafter President. every provision of the Act, including the referred to as “the Act.” Attest: authority in subsection (c) (4) of the Act to • Whereas the respective Boards of Directors Leo Nielson, make final or other renegotiation agreements of Defense Plant Corporation, Metals Reserve Secretary. in behalf of said companies with each con Company, Defense Supplies Corporation and [ seal ] D efense Su pplies Corporation, tractor or subcontractor assigned to the RFC Rubber Reserve Company, hereinafter re By H, A. Mulligan, Price Adjustment Board for the elimination ferred to as “said companies”, (wholly-owned President. of excessive profits and for the discharge of and managed subsidiaries of the Reconstruc Attest: any liability for excessive profits realized or tion Finance Corporation, treated pursuant H. TURNER, likely to be realized under the contracts to Section 5d (3) of the RFC Act, as Secretary. and subcontracts of such contractor or sub amended), pursuant to Subsection (f) of [seal] Metals R eserve Company, contractor during the fiscal period covered by Section 403 of the Sixth Supplemental Na By Charles B. H enderson, such assignment, and to conduct all rene President. tional Defense Appropriation Act, 1942, (Pub gotiations for the fiscal period covered by such lic Law 528, 77th Congress), approved April Attest: assignment with such contractor or subcon 28, 1942, as amended by Section 801 of the F erris B. T homas, tractor necessary or incident to the making Secretary. Revenue Act of 1942 (Public Law 753, 77th of such final or other agreements. Congress), approved October 21, 1942, as [Seal] R ubber R eserve Company, 3. Only that power, authority and dis amended by the Military Appropriation Act, By H. J. K lossner, cretion conferred by subsection' (c) (4) of President. 1944, (Public Law 108, 78th Congress), ap the Act and herein delegated to the RFC proved July 1, 1943, hereinafter referred to Attest: Price Adjustment Board may be exercised as “the Act,” created and delegated to, the G eorge H. Hubert, Secretary. by those individuals or agencies within the RFC Price Adjustment Board, by instrument RFC to whom like power, authority and dis dated July 1, 1943, all the powpr, authority Accepted by RFC Price Adjustment Board. cretion in respect to contracts with said and discretion vested in said companies under Date March 1, 1944. companies and subcontracts, thereunder may each and every provision of the Act, including hereafter be delegated by the RFC Price Ad Charles T, F ish e r , Jr., the authority in subsection (c) (4) of the Chairman. justment Board. Act to make final or other renegotiation 4. No contractor or subcontractor shall be agreements in behalf of said companies with (b) Delegation of authority under sub required to inquire into the validity or regu each contractor or subcontractor assigned to section (f) of section 403 of the Sixth larity of any assignment referred to herein, the RFC Price Adjusment Board for the elimi Supplemental National Defense Appro and the signature of the Chairman or Secre nation of excessive profits and for the dis priation Act, 1942 (Public Law 528, 77th tary of the RFC Price Adjustment Board, or charge of any liability for excessive profits Congress), approved April 28, 1942, as aiiy authorized repre* entative or representa realized or likely to be realized under the tives of such Board shall be conclusive evi contracts-and subcontracts of such contractor amended by section 801 of the Revenue dence of his authority to execute the final or or subcontractor during the fiscal period cov Act of 1942 (Public Law 753, 77th Con other renegotiation agreements in behalf of ered by such assignment, and to conduct all gress), approved October 21, 1942, as said companies. renegotiations for the fiscal period covered by amended by the Military Appropriation 5. This delegation shall remain in full such assignment with such contractor or sub Act, 1944 (Public Law 108, 78th Con force and effect until revoked in writing by contractor necessary or incident to the mak-« the joint action of the Boards of Directors of ing of such final or other agreements; gress), approved July 1, 1943, hereinafter said companies, or'until the RFC Price Ad referred to as “the Act”. justment Board, created under Paragraph Whereas the respective Boards of Directors Whereas Defense Plant Corporation, Metals 1 hereof, shall decline in writing the further of said companies desire to increase the mem Reserve Company, Defense Supplies Corpora exercise of the discretion and authority bership of the RFC >Price Adjustment Board tion and Rubber Reserve Company (wholly- herein delegated to it. from five to six members; owned and managed subsidiaries of the Re IN WITNESS WHEREOF the parties hereto Now, therefore, construction Finance Corporation, created Said instrument of July 1, 1943, is hereby pursuant to Section 5d (3) of the RFC Act, as have caused this delegation of authority to amended by striking therefrom the following: amended), hereinafter referred to as “said be executed as of July 1, 1943, in two origi 1. There is hereby created a board of five nal counterparts by their duly authorized companies”, have been included in the De members to be known as the “RFC Price Ad partments to which the Act is applicable; officers. justment Board.” Such board shall consist Whereas the respective Boards of Directors of the following members, all of whom are of said companies have been given the same [ seal ] Defense P lant Corporation, power, authority and discretion under the By Sam H. H usbands, members of the Boards of Directors of said Act as that given under the Act to the Secre President. . companies: taries of War, Navy and Treasury and to the Attest: Chas. T. Fisher, Jr., Chairman. Chairman of the Maritime Commission, and, Leo Nielson, Chas. B. Henderson. by Executive Order 9054, as amended, also to Secretary. Sam H. Husbands. the Administrator of the War Shipping Ad [ seal] Metals R eserve Company, Howard J. Klossner. - ministration; and By Charles B. H enderson, Henry A. Mulligan. President. Whereas the respective Boards of Directors and inserting in lieu thereof— of said companies desire to centralize the Attest: control of their responsibility for all action G eorge H. H ubert, 1. There is hereby created a board of six taken by them under the Act; Assistant Secretary. members to be known as the “RFC Price FEDERAL REGISTER, T h u rsd a y, September 5, 1946 9759 Adjustment Board". Such board shall con contractor or subcontractor necessary or in in it by this Corporation: Now, therefore, sist of the following members: cident to the making of such final or other be it agreement; Resolved, That the RFC Price Adjustment Chas. T. Fisher, Jr., Chairman. Whereas, in pursuance of the Joint Reso Board continue to perform, exercise and ad Chas. B. Henderson. lution of the Congress approved June 30, minister all the functions powers, duties and Sam H. Husbands. . 1945, the Reconstruction Finance Corpora authority set forth in. the Delegations of Howard J. Klossner. tion has succeeded to the functions, powers, Authority by the aforementioned Reconstruc Henry A. Mulligan. duties and authority of Defense Plant Corpo tion Finance Corporation subsidiaries of July Gladding' B. Colt. ration, Metals Reserve Company, Defense 1, 1943, as amended October 18, 1944, and of In witness whereof the parties hereto have Supplies Corporation and Rubber Reserve March 1, 1944; Be it caused this amended delegation of authority Company; and Resolved further, That any delegations by to be executed as of October 18th, 1944, in Whereas, by resolution adopted July 2, the RFC Price Adjustment Board to its re two original «bunterparts by their duly 1945 (see Appendix), the Reconstruction Fi view committee and other personnel be and authorized officers. nance Corporation has authorized the RFC the same are hereby ratified and confirmed; Price Adjustment Board to continue to per Be it • [ seal] Defense P lant Corporation, ■ form, exercise and administer the functions, Resolved further, That the Joint Price By S am H. H usbands, President. powers, duties and authority delegated to it Adjustment Board continue to perform, Attest: . by the aforementioned Reconstruction Fi exercise and administer all the functions, M artin S. S w enson, nance Corporation subsidiaries by delegation powers, duties and authority set forth in the Assistant Secretary. of July 1, 1943, as amended October 18, 1944, Delegation of Authority by the RFC sub [seal] Metals R eserve Company, in the same manner and to the same extent sidiaries under date of September 24, 1943. By Charles B. H enderson, President. and effect as if the same had originally been The foregoing is a true and correct copy of Attest: vested in the Reconstruction Finance Corpo a resolution duly adopted by the Board of F erris B. T homas, ration; and Directors of the Reconstruction Finance Cor Secretary. Whereas, the Reconstruction Finance Cor poration on July 2, 1945. poration now deems it desirable to further A. T. H obson, [seal] Defense S u pplies Corporation, amend the aforementioned delegation re Secretary, By H. A. Mulligan, President. garding the office of the General Counsel; Reconstruction Finance Corporation. Attest: Now, therefore, G eorge H. H ubert, Said delegation of July 1, 1943, as amended (e) Amended delegation of authority Secretary. October 18, 1944, is hereby amended by strik under subsecticfh (f) of section 403 of the [seal] R ubber R eserve Company, ing therefrom the following: Sixth Supplemental National Defense By H. J. K lossner, President. “The board may also appoint a General Appropriation Act, 1942 (Public Law 528, Attest: Counsel who shall be the chief consulting 77th Congress), approved April 28, 1942, G eorge H. H ubert, officer in all legal matters and shall super as amended by section 801 of the Reve Secretary. vise such matters for the board.” nue Act of 1942 (Public Law 753, 77th Accepted: October 18, 1944. and inserting in lieu thereof Congress), approved October 21, 1942, Charles T. F isher, J r., “The board shall have a Chief Counsel who as amended by the Military Appropria Chairman, RFC Price Adjustment shall be the chief consulting officer in all tion Act, 1944 (Public Law 108, 78th Board. legal matters and shall supervise such legal Congress), approved July 1, 1943, here (d) Amended delegation of authority matters for the board, said Chief Counsel to inafter referred to as “the Act”. be appointed by the General Counsel of the Whereas, pursuant to subsection (f) of under subsection (/) of section 403 of the Reconstruction Finance Corporation.” Sixth Supplemental National Defense Section 403 of the Sixth Supplemental Na Appropriation Act, 1942 (Public Law. 528, In witness whereof, the parties hereto have tional Defense Appropriation Act, 1942 (Pub caused this Amended Delegation of Authority lic Law 528, 77th Congress), approved April 77th Congress), approved April 28, 1942, to be executed as of July 2, 1945, in two 28, 1942, as amended by Section 801 of the as amended by section 801 of the Reve original counterparts by their duly authorized Revenue Act of 1942 (Public Law 753, 77th nue Act of 1942 (.Public Law 753, 77th officers. Congress), approved October 21, 1942, as Congress), approved October 21, 1942, as amended by the Military Appropriation Act, R econstruction F inance 1944 (Public Law 108, 78th Congress), ap amended by the Military Appropriation Corporation, Act, 1944 (Public Law 108, 78th Con proved July 1,1943, hereinafter referred to as [seal] By Sam H. H usbands, “the Act”, there was created and delegated gress) , approved July 1,1943, hereinafter Vice Chairman. to the RFC Price Adjustment Board, by in referred to as “the Act”. Attest: strument dated July 1, 1943, as amended Whereas, the respective Boards of Directors A. T. H obson, October 18, 1944 and July 2, 1945, all the of Defense Plant Corporation, Metals Reserve Secretary. power, authority and discretion vested in Company, Defense Supplies Corporation and Accepted: July 2, 1945. Defense Plant Corporation, Metals Reserve Rubber Reserve Company, hereinafter re G. B, Coit, Company, Defense Supplies Corporation and ferred to as “said companies” (wholly-owned Vice Chairman, RFC Price Adjust Rubber Reserve Company, under each and and managed subsidiaries of the Reconstruc ment Board. every provision of the Act, and in the Re tion Finance Corporation, created pursuant Appendix construction Finance Corporation as. suc to section 5d (3) of the RFC Act, as cessor to the aforementioned companies in amended), pursuant to subsection (f) of RESOLUTION OF RECONSTRUCTION FINANCE pursuance of the Joint Resolution of the section 403 of the Sixth Supplemental Na CORPORATION Congress approved June 30, 1945, including tional Defense Appropriation Act, 1942 (Pub Whereas, in pursuance of the joint resolu the authority in subsection (c) (4) of the lic Law 528, 77th Congress), approved April tion of the Congress approved June 30, 1945, Act to make final , or other renegotiation 28, 1942, as amended by section 801 of the this Corporation has succeeded to the func agreements in behalf of said companies with Revenue Act of 1942 (Public Law 753, 77th tions, powers,' duties and authority of De each contractor or subcontractor assigned to Congress), approved October 21, 1942, as fense Plajjt Corporation, Defense Supplies the RFC Price Adjustment Board for the amended by the Military Appropriation Act, Corporation, Metals Reserve Company and elimination of excessive profits and for the 1944 (Public Law -108, 78th Congress), ap Rubber Reserve Company; and discharge of any liability for excessive profits proved July 1, 1943, hereinafter referred to Whereas, in the'conduct of their business, realized or likely to be realized under the as “the Act”, created and delegated to, the Defense Plant Corporation, Defense Supplies contracts and subcontracts of such contrac RFC Price Adjustment Board, by instrument Corporation, Metals Reserve Company and tor or subcontractor during the fiscal period dated July 1, 1943, all the power, authority Rubber Reserve Company delegated to the covered by such assignment, and to conduct and discretion vested in said companies un RFC Price Adjustment Board all thé power, all renegotiations for the fiscal period cov der each and every provision of the Act, in authority and discretion vested in them un ered by such assignment with such contractor cluding the authority in subsection (6) (4) der the Renegotiation Act, all as set forth in or subcontractor necessary or incident to the of the Act to make final or other renegotia the Delegations of Authority executed by the making of such final or other agreements; tion agreements in behalf of said companies aforementioned Reconstruction Finance Cor Whereas, the Reconstruction Finance Cor with each contractor or subcontractor as poration subsidiaries under date of July 1, poration now deems it desirable to further signed to the RFC Price Adjustment Board 1943, as amended October 18, 1944, and under amend the aforementioned instrument; for the elimination of excessive profits end for the discharge of any liability for exces date of March 1, 1944; and Now, therefore, Whereas, it is desirable that the RFC Price Said delegation of July 1,1943, as amended sive profits realized or likely to be realized October 18, 1944 and July 2, 1945, is hereby under the contracts and subcontracts of such Adjustment Board continue to perform, exer cise and administer all of Its present func amended by striking therefrom the follow contractor or subcontractor during the fiscal ing: period covered by sudh assignment, and to tions, powers, duties and authority in the conduct all renegotiations for the fiscal year same manner and to the same extent and ef "1. There is hereby created a board of six period covered by such assignment with such fect as if the same had been originally vested members to be known as the ‘RFC Price 9760 FEDERAL REGISTER, T h u rsd a y, September 6, 1946 Adjustment Board’. Such board shall eon* 1945, entitled “Forms for Reporting Ac (c) The Associate Director is author 61st of the following members: quisition, Disposal, and Inventory of Sur ized to direct, without reference to the Chas. T. Fisher, Jr., Chairman. plus Personal Property”, as amended director’s Office in Chicago, all matters Chas. B. Henderson. January 8, 1946 (10 FR . 14628; 11 F.R. relating to the National Capital Parks, Sam H. Husbands. 533), is hereby revised and amended as National Capital Park and Planning Howard J. Klossner. herein set forth as War Assets Adminis Commission, and the Zoning Commission Henry A. Mulligan. tration Regulation 1, Order 8. of the District of Columbia and to repre Gladding B. Coit. Pursuant to the authority of the Sur sent the Director at meetings of the two and inserting in lieu .thereof plus Property Act of 1944 (58 Stat. 765; Commissions. The Associate Director is “1. There is hereby created a board to be 50 U. S. C. App. Sup. 1611), Public Law authorized to sign communications pre known as the ‘RFC Price Adjustment Board’ 181, 79th Congress, 1st Session (59 Stat. pared by National Capital Park and and to consist of not more than seven mem 533), Executive Order'9689 (11 F.R. Planning Commission officials for signa bers. The members at any time and from 1265), and Public Law 375,79th Congress, ture by the Acting Executive Officer. time to time of the Board of Directors of 2d Session, It is hereby ordered, That: Reconstruction Finance Corporation shall 1. Disposal agencies shall file reports (39 Stat. 535; 16 U. S.C. 2) ex officio be members of said RFC Price Adjustment Board. The additional members, relating to receipt of declarations of sur Issued this 23d day of August 1946. if any, of said RFC Price Adjustment Board plus, Inventory, and dispositions of sur [seal] Hillory A. T olson, who are not members of the Board of Direc plus personal property located in the Acting Director, tors of Reconstruction Finance Corporation continental United States on WAA Forms National Park Service. shall be appointed by the Board of Directors 1030 (formerly SPA-30), 1030.1 (formerly of Reconstruction Finance Corporation and SPA-30.1), 1031 (formerly SPA-31), [F. R. Doc. 46-15814; Filed, Sept. ■ 4, 1946; shall be subject to removal at any time at 1031.1, 1032 (formerly SPA-32), 1032.1, 9:38 a. m.] the pleasure of said Board of Directors. The Chairman' of the RFC Price Adjustment 1033 (formerly SPA-33), 1035 (formerly Board shall be that member of such Board SPA-35), 1035.1,1037 (formerlySPA-37), who at any time and from time to time is 1038 (formerly SPA-38), and 1039 (for designated as such by the Board of Directors merly SPA-39), as attached hereto, in TITLE 43—PUBLIC LANDS: INTERIOR of Reconstruction Finance Corporation.” accordance with the instructions accom Chapter I—Bureau of Land Management In witness whereof, the parties hereto panying these forms. v have caused this Amended Delegation of 2. Disposal agencies may reproduce> [arc. No. 1819] Authority to be executed as of September WAA Forms 1030 through 1039; Provided', Part 192—Oil and Gas Leases 14,1945, in two original counterparts by their That the sizes and formats are identical duly authorized officers. with those of such forms on file with the MISCELLANEOUS AMENDMENTS R econstruction F inance Division of the Federal Register, sample Sections 192.56f, 192.78 and 192.91 are Corporation, copies of which may be obtained from [seal] By C harles B. Henderson, amended to read as follows: Chairman. the War Assets Administrator. Attest: . 3. WAA Forms 1030 through 1039 may § 192.56f Procedure after discovery. carry the information required thereon An application for royalty benefits under A. T. H obson, the act of December 24, 1942 (56 Stat. Secretary. or they may be used as cover transmittal Accepted: sheets for mechanical accounting lists. 1080; 30 U. S. C., Sup. V, 223, note) by If a machine tabulated form is used, the reason of any claimed discovery of a new Charles T. F ish er , Jr., columnar arrangement shall conform oil or gas field or deposit shall be filed in Chairman, RFC Price Adjustment with WAA Forms 1030 through 1039, and duplicate by the lessee, or his authorized Board. the forms shall be 11" by 14% " in size. agent or operator in the office of the ap [F. R. Doc. 46-15671; Filed, Aug. 30, 1046; propriate Federal oil and gas supervisor. 4:38 p. m.] N o te: All reporting requirements of this part have been approved by the Bureau of the The supervisor shall forward the applica Budget in accordance with the Federal Re tion to the Diréctor of the Geological Chapter XVIII—Office of War Mobiliza ports Act of 1942. Survey with a report and recommenda tion. tion and Reconversion, Office of Eco This order as revised shall become nomic Stabilization The application shall identify the effective August 29, 1946. lessee and operator, the serial number of [Directive 87, Arndt. 6] R obert M. Littlejohn, the lease, the exact location of the well P art 4003—Subsidies; Support Prices Administrator. or wells, the name of the productive sand August 16, 1946. or zone, the depth to the top of the pro IMPORTS OF GREEN COFFEE [F. R. Doc. 46-15859; Filed, Sept. 4, 1946; ductive formation, the amount of pro Correction 11:30 a, m.} ductive strata penetrated, and a com plete itemized production statement by In paragraph 1 (f) (iii) of Federal days, not exceeding 30, from the date of Register Document 46-15626, appearing the discovery. If the discovery is made on page 9698 of the issue for Wednesday, TITLE 36—PARKS AND FORESTS on unitized land, as provided herein, the September 4, 1946f the word “cents” application should identify all leases should be inserted between the words Chapter I—National Park Service affected. “three times”. The claimant shall conduct such test P art 10—D elegations of Authority and furnish such well data and geologic Chapter XXIII—War Assets AUTHORITY OF ASSOOCIATE DIRECTOR evidence as may be required by the Fed Administration eral oil and gas supervisor. Part 10 is amended by adding a new With respect to the application, the de [Reg. I,1 Order 8] § 10.5, reading as follows; termination as to whether a new oil or P art 8301—D esignation of D isposal § 10.5 Authority of Associate Director. gas field or deposit has been discovered Agencies and P rocedures for R eport (a) The Associate Director and the As and the effective date of such discovery ing S urplus Property Located W ithin sistant Director of the National Park shall be made by the Director of the the Continental U nited S tates, Its Service are designated to serve as Acting Geological Survey. Subsequent to such T erritories and P ossessions Director from time to time in the discre- a determination and after receipt of a tion of, and when directed to do so by, the report from the Bureau of Land Manage FORMS FOR REPORTING ACQUISITION, DIS Director. ment on the lease, lessee, and operator, POSAL, AND INVENTORY OF SURPLUS PER (b) The Associate Director is author the Director of the Geological Survey SONAL PROPERTY 1 ized to serve as a member of the Zoning may grant or reject the application as Surplus Property Administration Reg Commission of the District of Columbia may be proper. The Director shall no ulation 1, Order 8, issued November 27, at such times as he is functioning as Act tify the applicant and the Bureau of ing Director, either in the absence of the Land Management of the determination * 11 FR. 7970. Director or as a result of instructions to made and the action taken on the ap s Forms filed as part of the original docu serve as Acting Director when the plication. Such determination and ac ment. Director is not absent. tion shall be subject to the right of ap- FEDERAL REGISTER, Thursday, September 5, 1946 9761 peal to the Secretary as provided in SO rector of the Bureau of Land Manage county, or privately owned lands chiefly CFR, Cum. Supp., 221.66. ment may grant authority to construct valuable for grazing purposes and lying project works over and through Inte within the exterior boundaries of grazing § 192.78 Action by the Bureau of Land rior Department lands in advance of ap districts, created under the Taylor Graz Management. The Director of the proval of a permit or easement for the ing Act of June 28, 1934 (48 Stat. 1269, Bureau of Land Management shall con right-of-way or site upon a satisfactory as amended, 43 U. S. C. 315, et seq.) when sider the application and report sub showing of the necessity for such ac in his judgment, the leasing of such mitted by the Director of the Geological tion, if found compatible with the public lands will promote the orderly use of the Survey. If no objection to the renewal of interest. Applications for such authority district and aid in conserving the forage the lease appears to the Director of the shall be cleared with interested agencies resources of the public lands therein. Bureau of Land Management, copies of of the Department. The applicant for Pursuant to section 161 of the Revised a renewal lease, in triplicate, dated the such authority shall agree that such con Statutes (5 U. S. C. 22) and section 2 of first day of the month in which the origi struction is done at the applicant’s own the act of June 28, 1934 (43 U. S. C. nal lease terminated, will be forwarded risk and that* the applicant will make 315a), the Director of the Bureau of to the lessee for execution and return full and prompt compliance with all re Land Management may approve leases together with a satisfactory lease bond. quirements laid down by the Department under the Pierce Act on behalf of the Upon receipt of the lease forms and bond as conditions precedent to the approval United States in accordance with the properly executed by the lessee, the Di- of the permit or easement. Applica regulations in,this part. Leases so ap * rector of the Bureau of Land Manage tions for such authority should be filed proved by the Director need not be sub ment may execute the lease. After the with the agency of the Department of mitted for Secretarial approval. lease is executed a copy shall be sent to the Interior having supervision of the the lessee. § 505.3 Form of lease. Leases under land involved. Such agency shall sub the Pierce Act should conform in general § 192.91 Action by the Bureau of Land mit the record with an appropriate re to' the form printed in § 505.11. This Management, (a) The Director of the port and recommendation to the Director form is believed adaptable for use in all Bureau of Land Management shall con of the Bureau of Land Management. of the States within which grazing dis sider the application and report sub Any occupancy or use of the public tricts have been established under the mitted by the Director of the Geological lands without authority will subject the Taylor Grazing Act. Leases under the Survey. Except as provided in paragraph person occupying or using the land to Pierce Act must be executed by the lessor (b) of this section, if no objection to the prosecution and liability for trespass. in the manner prescribed by the laws of exchange of the lease appears to the Di P art 245—R i &hts- of-W ay Over and U pon the State yWithin which the lands leased rector of the Bureau of Land Manage P ublic Lands and R eservations of the are situated. ment, copies of an exchange lease in U nited S tates for E lectrical Plants § 505.5 Approval by the Director of triplicate will be forwarded to the lessee and T ransmission Lines through the manager for execution and the Bureau of Land Management. Local return together with a satisfactory lease Section 245.8 is amended to rpad as negotiations for leasing of lands under bond. Upon receipt of the lease forms follows: this act will be carried on by the regional and bond properly executed by the lessee, § 245.8 Construction in advance of grazier, but the lease and any renewal the Director of the Bureau of Land Man permit; trespass. - The Director of the thereof, will not be effective until ap agement may execute the lease. After Bureau of Land Management with the proved by the Director of the Bureau of the lease is executed one copy shall be concurrence of the Director of the Divi Land Management. Upon such ap delivered to the lessee. sion of Power may grant authority to proval the lease should be recorded in (b) If the effect of the exchange would construct transmission lines and other the land records of the county in which be to reduce the current royalty values project works over and upon Interior De the land is situated. more than 20 percent, the Director of partment lands in advance of approval § 505.8 Disposition of receipts. All the Bureau of Land Management will of a permit or easement for the right-of- moneys received in the administration of prepare a letter to the Secretary of the way or site upon a satisfactory showing lands leased under the Pierce Act will be Interior calling attention to this feature, of the necessity for such action, if found deposited in the Treasury of the United with a complete showing of all other facts compatible with the public interest. Ap States as provided in section 4 of that which might be of importance in deter plications for such authority shall be act and will be available when appropri mining whether an approval of the ex cleared with interested agencies of the ated by the Congress for the leasing of change would be to the advantage of the Department. The applicant for such au lands. Distribution of such receipts, United States, and recommending au thority shall agree that such construc therefore, will not be made as provided thorization of the exchange lease, if such tion is done at the applicant’s own risk in sections 10 and 11 of the Taylor Graz a recommendation is deemed warranted and that the applicant will make full and ing Act (48 Stat. 1273; 43 U. S. C. 3f5i, by the Director of the Bureau of Land prompt compliance with all requirements 315j). Management. • In this case bond and laid down by the Department as condi § 505.9 Allocation of funds appropri lease forms will not be prepared for tions precedent to the approval of the ated. Moneys received in the adminis transmittal to the lessee through the permit or easement. Applications for tration of lands leased under the Pierce manager until such authorization is re such authority should be filed with the Act, when appropriated by the Congress, ceived from the Secretary of the Interior. agency of the Department of the Interior will be allocated to the budgets of the Upon such authorization, copies of an havipg supervision of the land involved. regional graziers for disbursement in ac exchange lease in triplicate will be for Such agency shall submit the record with cordance with that act and the regula warded to the lessee through the man an appropriate report and recommenda ager for execution- and return together tion to the Director of the Bureau of tions in this part. Records of disburse with a satisfactory lease bond. Upon Land Management. ments thereof will be maintained under receipt of the lease forms and bond prop Any occupancy or use of the public existing procedure. erly executed by the lessee, the Director lands without authority will subject the The form of lease set out in 43 CFR, of the Bureau of Land Management may person occupying or using the land to Cum. Supp., 505.11 is amended by strik execute the lease. After the lease is exe prosecution and liability for trespass. ing out the words “Secretary of the In cuted, one copy will be delivered to the terior” and “Under Secretary of the In lessee. P art 505—Leasing of State, County or P rivately O wned L ands in G razing terior” wherever the latter words appear. P art 244—R ights- of-W ay for Canals, istricts D F red W. J ohnson, D itches, R eservoirs, W ater P ipe Lines, Sections 505.0, 505.3, 505.5, 505.8 and , Acting Director. T elephone and T elegraph Lines, T ram- 505.9 are amended to read as follows: roads, R oads and H ighways, Oil and Approved: August 16, 1946. G as P ipe Lin es, Etc. § 505.0 Authority. The act of June C. G irard D avidson, Section 244.10 is amended to read as 23,1938 (52 Stat. 1033; 43 U. S. C. 315m- Assistant Secretary of the In- 1, 315m-4, inc.), commonly known as the * terior. . follows: Pierce Act, authorizes the Secretary of § 244.10 Construction in advance of the Interior in his discretion to lease, at [P. R. Doc. 46-15815; Piled, Sept. 4, 1946; permit or easement; trespass. The Di- rates to be determined by him, any State, 9:38 a. m.J No. 173----- 5 9762 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 TITLE 46—SHIPPING TITLE 49—TRANSPORTATION AND tive Service to include qualified and irre RAILROADS placeable workers in transportation. Chapter II—United States Maritime The term “qualified and irreplaceable Commission Chapter II—Office of Defense worker” has been defined as covering Transportation skilled men whose period of preparatory Subchapter A—Organization, Procedure and training was at least two years and who Delegations P art 500—Conservation of R ail E qu ip can be proven to be irreplaceable and in- ment dispefisable. [G. O. 64] The occupational coverage outlined shipm ents of new fresh harvested here is admittedly broad, but it should be P art 211—Adoption of E xisting CARROTS understood that this is not an offer of R egulations blanket deferment for registrants quali Qtoss R eference: For an exception to adoption of orders, determinations, di fying under the standards. The trans the provisions of § 500.72# see Part 520, portation manpower situation is good in rectives, regulations, rules, instruc infra. tions, AGREEMENTS AND DELEGATIONS OF most parts of the country and the certi AUTHORITY fications made by the Office of Defense Transportation will be limited to those Pursuant to the act of July 8, 1946, [Admin. Order ODT 33] localities and situations where personnel» (Public Law 492, 79th Congress) making P art 503—Administration; P rocedures shortages in occupations of the above appropriations for the Navy Department types are truly acute. and the Naval Service for the Fiscal Year CERTIFICATION OF TRANSPORTATION PER Form 42A (Special-Revised) may be ending June 30,1947, and for other pur SONNEL FOR DEFERMENT FROM MILITARY secured from any local selective service poses, the United States Maritime Com SERVICE board or any State Headquarters of the mission on September 1,1946, will assume Selective Service System or from Na Explanatory statemeiit. The Office of tional Headquarters, Selective Service all the functions, duties and powers here Defense Transportation has been author System, Washington 25, D. C. tofore exercised under applicable laws ized to act as agent for the Civilian Pro Cases of registrants now classified in and Executive Orders by the Administra duction Administration to certify for de I—A, I-A-O, or IV-E will be reopened by tor, War Shipping Administration, and ferment from induction into military local boards in their discretion upon re effective September 1, 1946, hereby or service certain transportation workers ceipt by the boards of certified Form 42A ders: who qualify under the standards set forth (Special-Revised). With respect to any in Local Board Memorandum No. 115, § 211.2 Adoption by United States registrant facing imminent induction, as amended August 12, 1946, issued by his employer should advise registrant’s Maritime Commission ot orders, determi National Headquarters, Selective Service local board if a Form 42A (Special-Re nations, etc. issued by War Shipping Ad System, Washington 25, D. C. The vised) has been forwarded for certifica ministration. (a) All general orders, amended memorandum provides that the tion of such registrant. other orders, directives, determinations, Civilian Production Administration will Form 42A (Special-Revised) may be regulations, rules, instructions, agree make certifications for deferment to the filed, uncertified, directly with local ments and delegations of authority is Director of Selective Service of qualified boards as heretofore, in accordance with sued by or under authority of the Ad registrants engaged in transportation. Part n, paragraphs 1 and 3) of Local. ministrator, War Shipping Administra However, full authority for the certifica Board Memorandum No. 115, as amended tion, in the exercise of the functions, du tion of transportation workers has been August 12, 1946. delegated to the Office of Defense Trans The order set forth below provides for ties and powers transferred to the Com portation by the Administrator of the mission by the act of July 8,1946 (Public the manner of submitting and handling Civilian Production Administration by of Forms 42A (Special-Revised) with re Law 492, 79th Congress), which were in Directive 45. The Office will indicate on spect to registrants whose deferment is effect at the time of such transfer shall each Form 42A (Special-Revised) certi requested because of their employment in continue in effect until modified, termi fied by it that certification is made as domestic transportation. nated, superseded or repealed by the the duly authorized agent of the Admin This explanatory statement shall not Commission or by operation of law; istration. be construed to alter the meaning of Provided, however, That the Commission The standards for certification appear any provision of the order or of any rule, will hereafter exercise all authorities, in Part IV, sections 6 of the amended regulation, direction, or interpretation functions, and powers heretofore exer- Local Board Memorandum No. 115, which issued by tile Selective Service System. cised or reserved by the Administrator. reads in part as follows: The text of Administrative Order ODT (b) Such general orders, other orders, Production and transportation. The Civil 33 follows: directives, determinations, regulations, ian Production A dm inistration will certify to the Director of Selective Service registrants Pursuant to the Selective Training and rules, instructions, agreements and dele engaged in production and transportation as Service Act of 1940, as amended; Local gations of authority shall be cited under f o ll o w s ; Board Memorandum No. 115, as amended their present designations. (a) Supervisory, technical, or scientific August 12,1946, issued by National Head personnel whose removal would significantly quarters, Selective Service System; Di By order of the United States Mari retard production in Industries essential to rective 45 of the Civilian Production Ad time Commission. reconversion or otherwise essential to the ministration; Executive Orders 8989, as national existence; W i l l i a m s , A. J. (b) Qualified and irreplaceable production amended, 9156 and 9214; and in order Secretary. workers in Industries designated as critical to provide for the certification for defer August 29, 1946. by the Civilian Production A dm inistration. ment from induction into the military service of certain transportation workers fF. R. Doc. 46—15566; Filed, Aug. 29, 1946; Paragraph (a) Is deemed to be self- to secure maximum utilization of the 4:43 p. m.] explanatory except for definition. Su domestic transportation facilities of the pervisory workers are defined by Selec Nation for defense, It is hereby ordered, tive Service as those individuals exercis That: ing direction over other workers down to S e c . Chapter III—War Shipping and including gang foremen but not as 503.550 M aimer of preparation and submis sistant foremen. Technical and scien sion of Form 42A (Special-Re Administration vised) for certification. tific personnel are those having the 603.551 Processing of Form 42A (Special- Cross R eference: For adoption by the status of graduate engineers or techni Revised) by receiving agencies. United States Maritime Commission of cians, or those who by experience and 503.552 Communications. orders, determinations, etc., issued by training are qualified to do similar work. Au th o r ity : |{ 503.550 through 503.552, is War Shipping Administration, see Part Paragraph (b) has been interpreted sued under Selective Training and Service 211, Chapter II of this title, supra. by the National Headquarters of Selec Act of 1940, as amended, 50 U. S. C. App. FEDERAL REGISTER, Thursday, September 5, 1946 9763 secs. 301-318; Local Board Memorandum No. § 503.551 Processing o f' Form 42A 115, as amended August 12, 1946; Directive (Special-Revised) by receiving agencies. N o tices 45 of the Civilian Production Administration; (a) The receiving agency: Executive Order 8989, as amended, 6 F. R. (1) Will transmit the forms and state 6725, 8 F. R. 14183; Executive' Order 9156, CIVIL AERONAUTICS BOARD. 7 F. R. 3349; Executive Order 9214, 7 F. R. ments received, after examining the same 6097. for completeness, to the Director, Di [Docket No. 877, et al.] vision of Manpower and Materials, Office § 503.550 Manner of preparation and of Defense Transportation, Washington Ellis Air T ransport, Juneau Mail submission of Form 42A (Special-Re 25, D. C.; R outes Case vised) for certification, (a) An employer (2) Will handle all correspondence re NOTICE OF ORAL ARGUMENT may submit in the manner hereinafter lating to forms and statements, includ indicated for each registrant qualified for ing the return 6f the same for correction In the matter of the certification of deferment from military service for and of those in respect of which certifica Postmaster General, and applications of whom such employer desires certification tion has been refused by the Office of Ellis Air Transport, et al., for certificates therefor: and amendment of certificates of public Defense Transportation; and convenience and necessity, under sec (1) One Form 42A (Special-Revised), (3) Will keep an accurate record for ready reference of the disposition of tion 401 of the Civil Aeronautics Act of in triplicate, properly filled out and 1938, as amended. signed; and forms handled by it. (b) Each form certified by the Office Notice is hereby given, pursuant to (2) An accompanying signed state the Civil Aeronautics Act of 1938, as ment, in triplicate, to support the con of Defense Transportation will be sent amended, particularly sections 401 and tention that th£ registrant is irreplace directly to National Headquarters, Se 1001 of said act, that oral argument in able and indispensable. Such statement lective Service System, for transmittal to the above-entitled proceeding is assigned shall: the appropriate local board. to be held on September 23, 1946, at 16 (i) Show first the name of the regis § 503.552 Communications. Commu a. m. (eastern standard time), in Room trant, his order number, the number and nications concerning this order should 5042 Commerce Building, Washington, address of the local selective service refer to Administrative Order ODT 33 D. C., before the Board. board, and the name and address of the and should be addressed to the Director, employer; Division of Manpower and Materials, Dated Washington, D. C., September (ii) State the facts showing the effect Office of Defense Transportation, Wash 3, 1946. that the loss of registrant's services ington 25, D. C. By the Civil Aeronautics Board. would have on the carrier’s operations; (iii) Describe the manpower situation This order shall become effective im [seal] M. C. Mulligan, at the work location and the efforts mediately. Secretary. made by the employer to obtain and * Note: The recording and reporting require-, [F. R. Doc. 46-15839; Filed, Sept. 4, 1946; train a replacement; ments of this order have been approved by 10:44 a. m.] . (iv) Except in the case of railroads, the Bureau of the Budget, in accordance with state briefly the training of the regis the Federal Reports Act of 1942. trant for the performance of his present duties; and Issued at Washington, D. C., this 3d [Docket No. 2324] day of September 1946. (v) Certify that no other employee R oyal D utch Air Ljnes (KLM) qualified to perform the duties of the J. M. Johnson, k NOTICE OF HEARING registrant is temporarily laid off, and Director, • that a qualified replacement cannot be Office of Defense Transportation. In the matter of the application of obtained. Royal Dutch Air Lines (KLM) for a for (b) The employer shall assign con [F. R. Doc. 46-15802; Filed, Sept. 3, 1946; 4:50 a. m.] eign air carrier permit under section 402 secutive numbers to the Forms 42A of the Civil Aeronautics Act of 1938, as (Special-Revised) which he submits. He amended. shall place such a number in the upper Notice is hereby given pursuant to the right-hand corner of each form, and Civil Aeronautics Act of 1938, as similarly shall place the same number [Gen. Permit ODT 18A, Rev. 8, Arndt. 1] amended, particularly sections 402 and on the statement accompanying the Part 520—Conservation of R ail Equip 1001 of said act, that a hearing in the form. above-entitled proceeding is assigned to (c) The Form 42A (Special-Revised) ment—Exceptions, P ermits, and Spe cial D irections be held on September 26, 1946 at 10 a. m. and the accompanying statement will be (eastern standard time) in Room 1508, sent by the employer to one of the follow .SHIPMENTS OF NEW FRESH HARVESTED Commerce Building, 14th Street, between ing receiving agencies: CARROTS Constitution Avenue and E Street, N. W., For railroads, Class I, to the Associa Washington, D. C., before examiner, tion of American Railroads, Transporta In accordance with the provisions of Barron Fredricks. tion Building, Washington 6, D. C.; § 500.73 of General Order ODT 18A, Re For short-line railroads, to the Ameri vised, as amended (11 F. R. 8229, 8829), Dated at Washington, D .C. September can Shortline Railroad Association, General Permit ODT 18A, Revised-8 3, 1946. * Tower Building, Washington 5, D. C.; (11 F. R. 8599), is hereby amended by By the Civil Aeronautics Board. For air lines, to the Air Transport adding to sjubparagraphs (1) and (2) of [seal] • M. C. Mulligan, Association, 1515 Massachusetts Avenue, paragraph (a) of § 520.503 the names of Secretary. NW., Washington 5, D. C.; the States of Montana and Utah. For motor trucking, to the American [F. R. Doc. 46-15840; r.lled, Sept. 4, 1946; Trucking Associations, 1424 16th Street This Amendment 1 to General Permit 10:44 a. m.] NW., Washington 6, D. C.; ODT 18A, Revised-8, shall become effec For inland waterways (including the tive September 5, 1946. Great Lakes) and coastal and inter coastal shipping, to the Director, Water (General Order ODT 18A, Revised, 11 [Docket No. 2005] ways Transport Department, Office of F. R. 8229, 8829) Defense Transportation, Washington 25, Issued at Washington, D. C., this 4th Arizona Airways, Inc. and T ranscon tinental & W estern Air, Inc. D. C.; day of September 1946. For carriers not serviced by the receiv- - notice of oral argument ing agencies listed above, forms and J. M. J ohnson, statements will be sent to thq Director, Director, In the matter of the application of Division of Manpower and Materials, Office of Defense Transportation. Arizona Airways, Inc., et al., and Trans Office of Defense Transportation, Wash [F. R. Doc. 46-15862; Filed, Sept. ■*4, 1946; continental & Western Air, Inc., for ap ington 25, D. C. 11:54 a. m.] proval (a) of an agreement dated Ji^ly 9764 FEDERAL REGISTER, T h u rsd a y, September S, 1946 11, 1945, between said applicants and [MPR 188, Arndt. 1 to Order 4738] (2) For sales by the manufacturer, the (b) of the acquisition by Arizona Air A u t o m a t i c W a s h e r C o . maximum prices apply to all sales and ways, Inc., from Transcontinental & deliveries since Maximum Price Regula Western Air, Inc., of route No. 38 under APPROVAL OF MAXIMUM PRICES tion No. 188 became applicable to those sections 408 (b) and 401 (i) of the Civil For the reasons set forth in an opinion sales and deliveries. For sales to persons Aeronautics Act of 1938, as amended.- issued simultaneously herewith and filed other than consumers they are f. o. b. Notice is hereby given, pursuant to the with the Division of the Federal Register, New York, New York, 2% 10 days, net 30. Civil Aeronautics Act of 1938, as and pursuant to § 1499.158 of Maximum The maximum price to consumers is net amended, particularly sections 401, 408, Price Regulation No. 188, It is ordered: delivered. and 1001 of said Act, that oral argument That paragraph (a) (2) in Order No. (3) For sales by persons other than in the above-entitled proceeding is as 4738 issued under § 1499.158 of Maximum the manufacturer, the maximum prices signed to be heard September 30, 1946, Price Regulation No, 188 be amended in apply to all sales and deliveries after the at 10 a. m. (eastern standard time) in the following respects: - effective date of this order. Those prices are subject to each seller’s customary Hoorn 5042 Commerce Building, Wash (2) For sales by the manufacturer, ington, D. C., before the Board. terms and conditions of sale on sales of the maximum prices apply to all sales similar articles. Dated Washington, D. C., September 3, and deliveries since Maximum Price (4) If the manufacturer wishes to, 1946. Regulation No. 188 became applicable to make sales and deliveries to any other By the Civil Aeronautics Board. those sales and deliveries. These prices class of purchaser or on other terms and áre f. o. b. factory and for sales and de conditions of sale, he must apply to the [ s e a l ] M . C. M u l l i g a n , liveries prior to September 4, 1946, they Office of Price Administration, Washing Secretary. are subject to a cash discount of 2% for ton, D. C., under the fourth Pricing [F. R. Doc. 46-15841; Filed, Sept. 4, 1946; payment within 10 days, net 30 days and Method, .§ 1499.158, of Maximum Price 10:44 a. m.] for sales made on or after September 4, Regulation 188, for the establishment of 1946, they are subject to a cash discount maximum prices for those sales, and no of 1% for payment within 10 days, net sales or deliveries may be made until 30 days. maximum prices have been authorized OFFICE OF PRICE ADMINISTRATION. This amendment shall become effective by the Office of Price Administration. [MPR 188, Amdt. 1 to Order 4023] on the 4th day of September 1946. (b) The manufacturer shall attach a tag or label to every article for which a - R iv a l M f g . C o . Issued this 3d day of September 1946. maximum price for sales to consumers is APPROVAL OF MAXIMUM PRICES P a u l A . P o r t e r , established by this order. That tag or For the reasons set forth in an opinion Administrator. label shall contain the following state issued simultaneously herewith and filed ment, with the proper model number and [F. R. Doc. 46-15767; Filed, Sept. 3, 1946; the ceiling price inserted in the blank with the Division of the Federal Regis 11:17 a. m .] ter, and pursuant to § 1499.157 of Maxi spaces: mum Price Regulation No. 188 and sec Model Number ______tion 6.4 of Second Revised Supplemen OTA Retail Ceiling Price—$ ------tary Regulation No. 14; It is ordered: [MPR 188, Order 5150] Do Not Detach That paragraph (a) (1) in Order No. M i c h a e l i a n & K o h l b e r g , I n c . (c) At the time of, or prior to, the first 4023 under § 1499.157 of Maximum Price invoice to each purchaser for resale, the Regulation No. 188 and section 6.4 of APPROVAL OF MAXIMUM PRICES manufacturer shall notify the purchaser Second Revised Supplementary Regula For the reasons set forth in an opinion in writing of the maximum prices and tion 14 be amended to read as follows: Issued simultaneously herewith and filed conditions established by this order for with the Division of the Federal Register, sales by the purchaser. This notice may (1) For all sales and deliveries to the and pursuant to § 1499.158 of Maximum be given in any convenient form. following classes of purchasers by the Price Régulation No. 188, It is ordered: (d) Jobbers’ maximum prices for sales sellers indicated below, the maximum (a) This order establishes maximum of the articles covered by this order shall prices are those set forth below: prices for sales and deliveries of certain be established under the provisions of articles manufactured by Michaelian & section 4.5 of 4SR 14J. Maximum prices for sales (e) This order may be revoked or by any seller to— Kohlberg, Inc., 295 Fifth Avenue, New York 16, N. Y. amended by the Price Administrator at Model any time. Article No. De (1) For all sales and deliveries to the Job part Other Con following ¿lasses of purchasers by the (f) This order shall become effective bers ment retail sum sellers indicated below, the maximum on the 4th day of September, 1946. stores ers ers prices are those set forth below: Issued this 3d day of September 1946. Fruit juice extractor Each Each Each Each P a u l A. P o r t e r , “Julce-O-Mat”___ SJ-454 $2.76 $3.31 $3.68 $6.62 For sale by For Administrator. manufacturer sale to— by [F. R. Doc. 46-15750; Filed, Sept. 3, 1946; The above prices may be adjusted in any 11:17 a. m.] accordance with Order No. 169. issued Article Model per No. son under Supplementary Order 119. Job Re to If purchased in lots Of six dozen or bers tailers con- ? more, transportation is f. o. b. destina Sumer [MPR 120, Order 1727] tion, otherwise f. o. b. factory. The cash B i t u m i n o u s C o a l i n D i s t r i c t 13 Glass cylinder table discount is 2% for payment within 10 lamp with silver ADJUSTMENT OF MAXIMUM PRICES days, net 30 days. These maximum plated base & mount ings. Hand painted For the reasons set forth in an opinion prices are for the articles described in birds and flowers on the manufacturer’s application dated water color paper issued simultaneously herewith, and in placed on inside of accordance with § 1340.207 (a) of Maxi June 1,1945. ' cylinder, paper parch- Ea. Ea. Ea. mum Price Regulation No. 120, It is ment shade______6001 $16.10 $18.93 $34.07 This amendment shall become effec China figurine table 1 ordered: tive on the 4th day of September 1946. lamp with filigree 16002-A }$14.46 $17.00 $30.60 (1) The following maximum prices in metal base and bam 15002-B cents per net ton are established for the Issued this 3d day of September 1946. boo shade__ -...... indicated size group and according to P a u l A. P o r t e r , the method of shipment of bituminous Administrator. These maximum prices are for the ar coal from the mines indicated by index [F. R. Doc. 46-15766; Filed, Sept. 3, 1946; ticles described in the manufacturer’s ap numbers and names, all of which are in ,, 1 1 :1 7 a. m.] • plication dated June 11 and 26, 1946. District No. 13. FEDERAL REGISTER, Thursday, September 5, 1946 9765 DISTRICT 13—SUBDISTRICTS 1 AND R—ALABAMA Rail and railroad fuel maximum prices Truck or wagon shipments maximum Number of orders Effec by size group No. prices by size group No. MPR 120 in tive Price Price which the excep date of M. I. Mine name group group tion was origi adjust No. Nos. Nos. nally granted ment 1,2, 6,8, 7,9, 12,14 13,19 17,18 22,23 1,2, 6,8, 7,9, 12, 14, 13, 19, 17,18 22,23 and revoked in order 3,4,5 10 11 15,16 20,21 3,4,5 10 11 15,16 20,21 this order 3 8 677 612 677 677 672 522 487 2 1305...... 3-19-45 4 8 847 7Q7 697 617 607 577 567 847 707 697 617 607 677 567 2 L-687 ...... 6- 5-46 6 8 847 767 757 677 667 597 587 84? 767 757 677 667 597 587 2 L-718...... 7-26-46 7 6 657 597 577 562 557 522 487 2 1305.:______3-19-45 8 ^ 8 727 622 577 647 537 522 487 2 1305...... 3-19-45 11 6 672 622 612 542 632 522 5Ó2 657 597 577 662 557 522 487 2 1305...... 1. 3-19-45 6 657 597 577 562 557 522 487 2 1305...... 3-19-45 17 6 657 612 577 547 , 537 537 487 2 1305...... 3-19-45 18 ■ 7 672 612 577 562 652 547 637 1 1305__-...... 3-19-45 7 702 632 622 557 547 557 547 672 612 577 562 552 547 527 1 1305-— ...... 3-19-45 22 7 717 667 657 582 572 582 572 672 612 582 562 552 552 537 1 L-147...... 4-25-45 28 7 672 622 677 562 552 552 627 1 1305...... _____ 3-19-45 1 497 497 487 492 482 487 477 7 1305-...... 3-19-45 11 482 482 482 482 462 482 '477 7 L-143...... 4-25-45 44 TTiill 1 472 ; 472 462 472 462 472 462 7 L-147...... — t 4-25-45 1 472 472 462 467 457 502 492 7 1305...... 3-19-45 1 415 415 405 410 400 405 395 7 1305...... 3-19-45 56 4 682 582 672 552 542 557 547 627 632 622 567 557 577 557 5» L-280___-...... 7 -3-45 69 9 607s 587 577 527 517 532 522 632 607 587 647 537 637 487 2 1305— * . — . 3-19-45 6 672 622 612 542 532 522 502 2 1305...... 3-19-45 510 667 617 597 547 637 522 462 2 1305...... — 3-19-45 1306 7 717 667 657 582 .672 582 572 672 612 577 562 552 552 527 1 L-147___ -_____ 4-25-45 1420 6 667 597 577 562 557 522 487 2 1305...... 3-19-45 1492 ' Wfillfir 2 487 487- 477 527 517 647 537 6 1305...... 3-19-45 7 662 612 57J 647 537 527 487 2 1305...... 3-19-45 1 472 472 462' 467 457 482 452 7 1305...... 3-19-45 1ÎV72 7 672 622 677 562 552 552 627 1 1305...... 3-19-45 1733 7 692 642 632 632 622 597 687 692 642 632 632 622 597 687 1 1305...... 3-19-45 6 605 555 540 435 425 415 405 1 1305...... 3-19-45 1 405 405 405 405 385 405 400 7 L-143...... - 4-25-45 2011 Empire No. 3 (Debardeleben)__ 7 717 667 ‘ 657 582 672 682 572 672 6)2 577 562 552 552 627 1 L-147...... 4-25-45 2012 Corona No. 17 (Coal Valley) 4 582 582 572 552 542 557 547 627 632 622 567 557 577 657 5 L-280...... 7- 3-45 4 582 582 572 552 542 557 547 627 632 622 567 557 577 557 5 L-280- _ ___ -— __ 7- 3-45 4 582 582 572 552 542 557 547 ’ 627 632 622 667 557 677 657 5 L-280...... 7- 3-45 2071 OUie 1 395 JMW 385 395 385 395 385 7 L-147...... 4-25-45 District 13—Subdistrict 3,4, and 6—T ennessee and Georgia N um b» of orders Effec Railroad and railroad fuel maximum Truck or wagon shipments maximum under MRR 120 in tive Price priGes by size groups Nos. . price by size group Nos. Price which the excep date of Mine name group . • group tion was originally adjust Nos. Nos. granted and re ment 1,2,8 4,5,6 7,8,9. 10,11,12 13,14 1,2,3 4,5,6 7,8,9 10,11,12 13,14 voked in this order order 10 687 587 632 532 632 10 1305.______3-19-45 ID 532 482 472 452 412 9 L-562...... 1-31-46 10 537 487 482 482 417 9 1305...... 3-19-45 (2) The maximum pricesjestablished under Maximum Price Regulation No. (1) For an article in its line during herein are f. o. b. the mine or preparation 120 of the Office of Price Administration. October 1941, the adjusted ceiling price plant for truck or wagon shipments, This order shall become effective Sep is the highest price charged during that f, o.4). the rail or river shipping point for tember 4, 1946. month to each class of purchaser in rail or river shipments, and f. o. b. the creased by no more than 23.4 per cent. rail shipping point for railroad fuel for Issued this 3d day of September 1946. (2) For an article not in its line during all uses. P act. A. P orter, October 1941, but which has a properly (3) The descriptions of size group Administrator. established ceiling price, the adjusted numbers in paragraph (1) above are the ceiling price is the article’s properly es same as those referred to in § 1340.224; [F. R. Doc. 46-15763; Filed, Sept. 3, 1946; tablished ceiling price for the particular appendix B of Maximum Price Regula 11:16 a. m.] sale (exclusive of all permitted increases tion No. 120. or adjustment charges) increased by the (4) Where no maximum price appears percentage determined in accordance in this order for a certain size or method [Rev. SO 119, Rev. Order 17] with Note 3 in section 8 of Revised Sup of shipment of coal, the maximum price Oneida Ltd. 1 plementary Order No. 119. provided for District No. 13 shall apply.. \ (3) The manufacturer’s adjusted ceil (5) The maximum prices established ADJUSTMENT OF MAXIMUM PRICES ing price fixed in accordance with this for mines granted adjustments by the For the reasons set forth in an opinion order is his new ceiling price if it is orders Under Maximum Price Regulation issued simultaneously herewith and filed higher than his previously established No. 120 which are listed by number in with the Division of the Federal Register, ceiling price including all increases and paragraph (1) above are hereby revoked. and pursuant to Revised Supplementary adjustments otherwise authorized for (6) This order may be revoked or Order No. 119; It is ordered: him individually or for his industry. amended by the Price Administrator at Order No. 17 under Supplementary Or (b) Resellers’ maximum prices. Pur any time. der No. 119 is redesignated Revised Order _ chasers for resale of an article of silver (7) Except as is specifically provided No. 17 under Revised Supplementary O r-" plated flatware which the manufacturer in this order, the provisions of Maximum der No. 119, and is amended and revised has sold at an adjusted maximum price i*rice Regulation No. 120, covering the to read as follows: determined under this order shall deter mine their maximum prices as follows: sale of bituminous coal shall remain in (a) Manufacturer’s ceiling prices. effect. A reseller who determines his maxi (8) The applicant shall include a Oneida Ltd., Oneida, New York, may mum resale price under the General statement on all invoices in connection compute its adjusted ceiling prices for Maximum Price Regulation shall calcu with the sales of coals priced under this sales by it of all articles of silver plated late his ceiling price by adding to his order that the price charged includes an flatware which it manufactures as fol invoice cost the same percentage markup adjustment granted by Order No. 1727 lows: which he* has on the “most comparable 9766 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 article" for which he has a properly es This order shall become effective on price classifications assigned are per tablished maximum price. For this pur the 4th day of September 1946. manent but the maximum prices may be pose the “most comparable article" is the Issued this 3d day of September 1946. changed by an amendment issued after one which meets all of the following the effective date of this order. Where tests; P aul A. P orter, such an amendment is issued for the dis (1) It belongs to the narrowest trade Administrator. trict in which the mines involvec herein are located and where the amendment category which includes the article being [F. R. Doc. 46-15769; FUed, Sept. 8, 1946; priced. 11:15 a. m.] makes no particular reference to a mine (2) Both it and the article being or mines involved herein, the prices shall priced were purchased from the same be the prices set forth in such amend class of supplier. ment for the price classifications of the (3) Both it and the article being priced [MPR 120, O rder 1728] respective size groups. The location of belong to a class of articles to which, B a i l e y C o a l C o ., e t a l , each mine is given by county and state. acoording to customary trade practices, The maximum prices stated to be for an approximately uniform percentage ESTABLISHMENT OF MAXIMUM PRICES AND truck shipment are in cents per net ton markup is applied. PRICE GLASSIFICATIONS f. o. b. the mine or preparation plant (4) Its net replacement cost is near For the reasons set forth in an accom and when stated to be for rail shipment est to the net cost of the article being panying opinion, and in accordance with or for railroad fuel are in cents per net priced. § 1340.210 (a) (6) of Maximum Price ton f. o. b. rail shipping point In cases The determination of a ceiling price Regulation No. 120; It is ordered: where mines ship coals by river the in this way need not be reported to the Producers identified herein operate prices for such shipments are those es Office Of Price Administration. How named mines assigned the mine index tablished for rail shipment and are in ever, each seller must keep complete rec numbers, the price classifications and cents per net ton f. o. b. river shipping ords showing all the information called the maximum prices in cents per net point. However, producer is subject to for by OPA Form 620-759 with regard to ton for the indicated uses and shipments the provisions of § 1340.219 and all other how he determined his ceiling price, for as set forth herein. All are in District provisions of Maximum Price /Regula so long as the Emergency Price Control No. 8. The mine index numbers and the tion No. 120. Act of 1942, as amended, remains in ef Bailey Coal Co., Wooton, Ky., Elmer Bailey Mine, H azard No. 4 Seam, Mine Index N o. 7778, Leslie fect. County, Ky., Subdistrict 6, R ail Shipping P oint: F eetham, Ky., F. O. G. 100, Deep M ine M aximum T ruck If the maximum resale price cannot be P rice Group N o. 5 determined under the above method the reseller shall apply to the Office of Price Size group Nos. Administration for the establishment of a ceiling price under § 1499.3 (c) of the 15,16, General Maximum Price Regulation. 1 2 3 4 5 6 7 8 9 10 17 18 19 20,21 Ceiling prices established under that sec tion will reflect the supplier’s prices as Price classification...... KKKK JJ H G EGD K KK Rail shipment and railroad fuel___ 441 436 426 426 421 411 391 386 386 "421 376 361 356 356 adjusted in accordance with this order. 441 421 396 396 381 356 321 316 A purchaser for resale of an article covered by this order which is also cov Bell Creek Coal Co., Lizemore, W. Va., Bell Creek Coal Co. M ine, Lewiston Seam, Mine Index No. 12855, ered by Maximum Price Regulation No. Clay County, W. Va., Subdistrict 4, Rail Shipping P oint: Bentree, W. Va., F. O. G. 123, Deep-Mine, Max 210, shall determine his maximum prices imum T ruck P rice Group N o.5 for resale of such articles in accordance Price classification.__ ___. ___ Q A Q Q PP M MK M E M MM with the provisions of Maximum Price Rail shipment and railroad fuel 391 §86 381 381 366 361 371 356 351 401 356 326 321 316 Regulation No. 210. A purchaser for re Truck shipment»____ .... ___ _ 441 421 396 396 381 356 321 316 sale who determines his maximum price for the sale of an article covered by this E dward N. Castle, Sitka, K y., E dward N. Castle M ine, M illers Creek Seam, M ine Index No. 7828, J ohn order pursuant to the method set forth son County, Ky., Subdistrict 1, R ail Shipping P oint: P aintsville, Ky., F. O. G. 61, Deep M ine, Maximum in § 1372.102 of that regulation shall add T ruck P rice Group No. 2 his “initial percentage markup" to the Price classification...... D DDD E E E . E C CA G GG actual invoice price (not to exceed his Rail shipment and railroad fuel 466 456 456 441 431 401 381 376 376 431 366 356 346 341 supplier’s ceiling price) to him. Truck shipment...... -...... 476 456 411 426 391 366 321 816 (c) Terms of sale. Ceiling prices ad justed by this order are subject to each O. C. E lkho rn C oal C o., H ueysville, K y ., B osco M in e , E lk h o en N o . 1 Sea m , M in e I n d ex N o . 7835, F loyd seller’s customary terms, discounts, al C ounty,"TSy., Subdistrict l, R ail Sh ippin g P o in t: B osco, K y., F . O. G. 61, D e e p M in e , M axim um T ruck lowances and other price differentials P rice G r o u p NO. 3 on sales to each class of purchaser in Price classification...... HH HHH H G E C ECH H H effect during March 1942, or established Rail shipment and railroad fuel. 441 436 421 421 406 £98 376 376 376 431 361 356 346 341 under any applicable Office of Price Ad Truck shipment...______466 446 411 411 381 361 321 316 ministration regulation. (d) Relationship between this order G. & M. Coal Co,, Coeburn, Va., G. & M. Coal Co. Mine, Widow Kennedy Seam, Mine Index N o. 7800, and other orders. The provisions of Sup Wise County,-Va., Subdistrict 7, Rail Shipping P oint: Coeburn ,Va., F. O. G. 30, Deep M ine, Maximum plementary Order No. 153 and of Order T ruck Price Group No. 5 No. 226 under § 1499.159b of Maximum Price classification...... K KKK EEEE C .ED K K K Price Regulation No. 188 shall not apply Rail shipment and railroad fuel___ 426 421 411 411 431 401 £81 376 376 431 361 346 341 341 to any of the articles covered by this Truck shipment______441 421 396 .396 381 356 321 316 order. H all Coal Co., P. O. Box 164, Coeburn, Va., Hall Coal Co. M ine, Shannon Seam, Mine Index No. 7818, Size group Nos. Size group Nos. 15,16, 23 1 2 3 4 5 6 7 8 9 10 17 1.8 19 20,21 15,16, 1 2 3 4 5 6 7 8 9 10 17 ‘ 18 19 20,21 (>) P) P) C) ‘ P) P) P) P) F Price classification------0) P) P> (>) (>) P) ’306 L L L L HH GG EG BH H H Rail shipment and railroad fuel___ 411 411 406 406 406 396 376 371 371 406 366 356 346 341 466 446 411 411 381 361 321 318 » Previously established.. L in e F o rk C a n n el C oal C o ., c/o D r . B . F. W r ig h t, Saco, K y ., L in e F o rk M in e , C a n n e l Sea m , M in e I n d e x , This ordep shall become effective Sep price classifications assigned are perma No. 7825, L etch er C ou nty, K y ., Subdistrict 3, R ail Sh ippin g P o in t: R ox ana, K y ., F. O. G. 100, D e e p M in e tember 4, 1946. nent but the maximum priées may be Issued this 3d day of September 1946. changed by an amendment issued after Lump Chips Machine REGISTER, FEDERAL the effective date of this order. Where Egg cuttings P aul A. P o r t e r , such an amendment is issued for the Administrator. district 'in which the mines involved 496 4« 396 296 [F. R. Doc. 46-15764; Filed, Sept. 3, 1940; herein are located and where the amend Shipments by rail are subject to the provisions of Second Revised Order No. 1432 under M PR 120, as amended. 11:16 a. m.] ment makes no particular reference to a mine or mines involved herein, the prices M oore Brothers Coal Co., R oute N o. 1, K eokeE, Va., M oore M ine, N o. 8 Seam, M ine I n d e x N o, 7808, * Lee County, Va., Subdistrict 7, Rail Shipping P oint: P urcell, Va., F. O. G» 202, D eep M ine, M a x im u m shall be the' prices set forth in such T ruck P rice Group N o. 3 amendment for the price classifications [MPR 120, Order 1729] of the respective size groups. The loca Size group Nos. tion of each mine is given by county and J o s e p h K in g e t a l. state. The maximum prices stated to be 2 4 5 6 7 8 9 10 15,16, 18 19 20,21 for truck shipment are in cents per net 1 3 17 ESTABLISHMENT OF MAXIMUM PRICES AND ton f. o. b. the mine or preparation plant PRICE CLASSIFICATIONS Price classification...... E E EE EED DC C C GGG 1946 5, er b tem ep S y, a rsd u h T and when stated to be for rail shipment Rail shipment and railroad fuel___ 456 446 436 431 431 401 386 381 376 431 361 356 346 341 For the reasons set forth in an ac or for railroad fuel are in cents per net 466 446 411 411 381 361 321 316 companying opinion, and in accordance ton f. o. b. rail shipping point. In cases with § 1340.210 (a) (6) of Maximum where mines ship coals by river the prices P eery-Payne Coai'C o., Coeburn, Va., P eery-Payne Coal Co. M ine, Widow K ennedy Seam, M ine Index N o, 7766, Wise County, Va., Subdistrict 7, R ail Shipping P oint: Coeburn, Va., F. O. G. 30, D eep M ine, Price Regulation No. 120; It is ordered: for such shipments are those established M aximum T ruck P rice Group No. 5. Producers identified herein operate for rail shipment and are in cents per named mines assigned the mine index net ton f. o. b. river shipping point. Price classification...... K K KK E E E E C E DK KK numbers, the price classifications and However, producer is subject to the pro Rail shipment and railroad fuel. 426 421 411 411 431 401 381 376 370 481 361 346 341 841 the maximum prices in cents per net ton Truck shipment...... -____, 441 421 396 396 381 356 321 316 for the indicated rises and shipments as visions of § 1340.219 and all other pro set forth herein. All are in District No. visions of Maximum Price Regulation Pine Ridge Coal Co., Box 133, C oeburn, W. Va., Pine Ridge Coal Co. N o. l M ine, Jawbone Seam, M ine No. 120. Index N o. 7813, W ise C ounty, Va., Subdistrict 7, R ail Shipping P oint: Coeburn, Va., F.O.G. 250, D eep 8. The mine index numbers and the Mine, M aximum T ruck Price Group N o. 5 Joseph King, Staffordsville, K y., K ing N o. 2 M ine, M illers Creek Seam, M ine Index N o. 7826, Johnson County, K y., Subdistrict l, R ail Shipping P oint: P ainTsyille, K y., F. O. G. 61, D eep M ine, M aximum Ppice classification...... MM M M K K J F CED K KK T ruck P rice Group N o. 2 Rail shipment and railroad fuel— 411 411 400 406 406 396 376 376 376 431 361 346 341 341 Truck shipment______441 421 396 396 381 356 321 316 Size group Nos. 9767 R ichardson MiSting Co., Box 1115, H untington, W. Va., R ichardson N o. l Mine, N o. 5 Block Seam, M ine I ndex N o. 7822, Wayne County, W. Va., Subdistrict 8, R ail Shipping P oint: E ast Lynn, W. Va., F. O. G. 15,16, 20,21 1 2 3 4 5 6 7 8 9 10 17 18 19 130, D eep Mine, M aximum T ruck P rice Grout N o. 5 Q QQ Q OO LL J LGM MM D D D D E E E E C C. A G G G 321 316 346 34! 391 386 381 381 371 361 371 356 361 401 356 326 Rail shipment and railroad fuel...... 466 456 456 441 431 .401 381 378 376 431 366 356 391 386 381 381 371 371 371 371 371 401 350 326 321 316 476 456 411 426 391 366 321 316 441 421 396 396 381 356 321 316 Lick Creek Coal Co., 315 N. W ater St., Connel-lsville, P a, M arjorie N o. l M ine, P owellton Seam, M ine Sh e l b y E lk h o r n C oal C o ., Sh e b ia n a , K y., R o w e M in e , E l k h o r n Se a m , M in e I n d ex N o . 7790, Pike COu n ty , Index N o. 7787. Boone County, W. Va., Subdistrict 4, R ail Shipping P oint: Ashcroft, W. Va.; f . o . u . Ky., Subdistrict l, R a il Sh ip pin g P oin t, R o w e , Ky., F. O. G. 61, D e e p M in e , M ax im u m T ruck P rice G ro u p 123, D eep and Strip M ine,- M aximum T ruck P rice Group N o. 3 No. 5 ,, G E C ECJ J , Price classification------L LL L FFEE C EA E EE Price classification.,..,______MMMM HH 416 401 381 376 376 431 366 356 351 351 Rail shipment and railroad fuel— . 411 411 406 406 406 396 376 376 376 431 361 356 346 Rail Shipment and railroad fuel. 411 411 406 406 356 321 316 Truck shipment...... 466 446 411 411 381 361 321 316 Truck shipment...... 441 421 396 396 381 / 9768 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 This order shall become effective Sep with the Division of the Federal Register, Dallas Order 31, Amendment 13, cov tember 4, 1946. and pursuant to § 1499.159b of Maximum ering dry groceries sold by Groups 3 and Price Regulation No. 188, It is ordered, 4 stores. Filed 12:38 p. m. Issued this 3d day of September 1946. That Order No. 5122 under § 1499.159b of Fort Worth Order 13-F, Amendment P aui, A. P orter, Maximum Price Regulation No. 188 be 56,. covering fresh fruits and vegetables Administrator. amended in the following respects: in Tarrant county, Texas. Filed 12:38 p. m. |*F. R. Doc. 46-15765; Piled, &ept. 3, 1946; 1. Section 6 is amended by substituting Forth Worth Order 19-F, Amendment 11:17 a. m.] the word, “October” for the word “Sep 43, covering fresh fruits and vegetables tember” wherever- the latter word ap in Taylor, Tom Green and Wichita [SO 133, Order 70] pears in that section. counties, Texas. Filed 12:37 p. m. This amendment shall become effective Fort Worth Order 23-F, Amendment - W hite Aircraft: Corp. as of the 1st day of September 1946. 12, covering fresh fruits and vegetables , adjustment of ceiling prices in Lubbock, Potter and Randall county, Issued this 3d day of September 1946. Texas. Filed 12:37 p. m. For the reasons set forth in an opinion P aul A. P orter, Fort Worth Order 25-F, Amendment issued simultaneously herewith and filed Administrator. 12, covering fresh fruits and vegetables with the Division of the Federal Register, in Brown, Eastland, Haskell and Jones and pursuant to sections 6 and 7 of Sup [F. R. Doc. 46-15801; Filed, Sept. 3, 1946; 4:43 p. m.] counties, Texas. Filed 12:37 p. m. plementary Order No. 133, it is ordered: Fort Worth Order 26-F, Amendment (a) Adjustment of ceiling prices. The 12, covering fresh fruits and vegetables ceiling prices to each class of purchaser Regional and District Office Orders. in certain counties in Texas. Filed 12:37 established by Order No. 4631 under LIST OF COMMUNITY CEILING PRICE ORDERS p. in. § 1499.158 of Maximum Price Regulation x Houston Order 4-F, Amendment 53, No. 188 for carpet sweepers manufac The following orders under Revised covering fresh fruits .and vegetables in tured by the White Aircraft Corporation, General Order 51 were filed with the Di certain cities and towns of Texas. Filed Palmer, Massachusetts, may be increased vision of the Federal Register August 26, 12:37 p. m. by 16.5 percent. . 1946: Houston Order 7-F-, Amendment 11, The ceiling prices as adjusted by this Region I covering fresh fruits and vegetables in order shall apply only to carpet sweep Hartford Order 5-F, Amendment 67, Chambers, Hardin, Jefferson, Liberty ers. which are delivered by White Air covering fresh fruits and vegetables in and Orange counties, Texas. Filed 12:37 craft Corporation on or after the effec Waterbury and Watertown. Filed 12:40 p. m. tive date of this order to a purchaser for p. m. Houston Order 8-F, Amendment 11, Hartford Order 6-F, Amendment 67, covering fresh fruits and vegetables in (b) Relation of this order to Order covering fresh fruits and vegetables in Jasper, Newton and Tyler counties, No. 4631. All the provisions of Order No. the Hartford area. Filed 12:40 p. m. Texas. Filed 12:36 p. m. 4631 under § 1499.158 of Maximum Price Hartford Order 7-F, Amendment 67, Houston Order 10-F, Amendment 11, Regulation No. 188 not expressly incon covering fresh fruits and vgetables in the covering fresh fruits and vegetables in sistent with this order shall continue to New Haven area. Filed 12:40 *>. m. certain areas in Texas. Filed 12:36 p. m. apply ■ to all sales and deliveries by all Hartford Order 8-F, Amendment 67, Houston Order 21, Amendments 5 and types of sellers of articles whose ceiling covering fresh fruits and vegetables#in 6, covering dry groceries sold by Groups prices are adjusted by this order. the Bridgeport area. Filed 12:40 p. m. 1 and 2 stores. Filed 12:36 p. m. (c) Relation of this order to Order No. Houston Order 22, Amendments 5, 6, 261 under Revised Supplementary Order Region III 7, and 8, covering dry groceries sold by No. 119. Only insofar as the ceiling Charleston Order 10-F, Amendment Groups 3 and 4 and 3A and 4A stores. prices established by this order are 73, covering fresh fruits and vegetables Filed 12:36 and 12:35 p. m. higher than the ceiling prices established in certain counties in West Virginia. Houston Order 23, Amendments 5, 6, by Order No. 261 under Revised Supple Filed 12:30 p. m. and 7, covering dry groceries sold by mentary Order No. 119 do they super Charleston Order 11-F, Amendment 72, Groups 1 and 2 stores. Filed 12:35 and sede the ceiling prices established by Or covering fresh fruits and vegetables in 12:34 p. m. der No. 261 under Revised Supplementary Berkeley, Jefferson and Morgan coun Houston Order 24, Amendments 7, 8, Order No. 119. ties, West Virginia. File 12:3.0 p. m. 9, and 10, covering dry groceries sold by (d) All requests contained in the ap Charleston Order 15-F, Amendment Groups 3 and 4 and 3A and 4A stores. plication for price adjustment filed by 70, covering fresh fruits and vegetables Filed 12:34, 12:33 and 12:32 p. m. the White Aircraft Corporation, and as in certain counties in West Virginia. Oklahoma City Order 18, Amendment signed OPA Docket No. 6069-SO 133-24c, Filed 12:30 p. m. 7, covering dry groceries sold by Groups hot specifically granted by this order Charleston Order 16-F, Amendment 70, 1 and 2 stores. Filed 12:32 p. m. are hereby denied. covering fresh fruits and vegetables in St. Louis Order 4-F, Amendment 53, (e) The provisions of Supplementary Boone, Fayette, Kanawha, Putnam and, covering fresh fruits and Vegetables in Order No. 153 shall have no application Raleigh counties, West Virginia. Filed the city of St. Louis and county of St. to any sale or delivery of any article 12:30 p. m. Louis, Missouri. Filed 12:31 p. m. subject to this order. . Charleston Order 17-F, Amendment 69, St. Louis Order 7-F, Amendment 6, (f) This order may be revoked or covering fresh fruits and vegetables in covering fresh fruits and vegetables in amended by the Price Administrator at certain counties in West Virginia. Filed certain counties in Missouri. Filed 12:31 any time. 12:29 p. m. p. m. This order shall become effective on Cleveland Order 3-F, Amendment 57, St. Louis Orders 26,27, and 28, Amend the 4th day of September 1946. covering fresh fruits and vegetables in ments 8, and 7, covering dry groceries. certain' counties in Ohio. Filed 12:41 Filed 12:31 and 12:32 p. m. Issued this 3d day of September 1946. p. m. Region VI P aul A. P orter, Cleveland Order 6-F, Amendment 36, Milwaukee Order 14-F, Amendment Administrator. covering fresh fruits and vegetables in 13, covering fresh fruits and vegetables [F. R. Doc. 46-15770; Filed, Sept. 3, 1946; Cuyahoga county, Ohio. Filed 12:41 in certain counties in Wisconsin. Filed 11:16 a.m .] p. m. 12:30 p. m. . Cleveland Order 7-F, Amendment 36, Milwaukee Order 15-F, Amendment 13, covering fresh fruits and vegetables in covering fresh fruits and vegetables in [MPR 188, Arndt. 2 to Order 5122] certain counties in Ohio. Filed 12:40 certain counties in Wisconsin. Filed p. m. 12:30 p.m. Household Kitchen W are Region V Milwaukee Order 16-F, Amendment ADJUSTMENT OF CEILING PRICES Dallas Order 30, Amendment 9, cover 13, covering fresh fruits and vegetables For the reasons set forth in an opinion ing dry groceries sold by Groups 1 and in certain counties in Wisconsin. Filed issued simultaneously herewith and filed 2 stores. Filed 12:38 p. m. 12:30 p. m. » FEDERAL REGISTER, Thursday, September S, 1946 9769 Milwaukee Order 17-F, Amendment amended, are adopted in this order and ords or sales slip upon a sale of any 13, covering fresh fruits and vegetables are just as much a part of this order as commodity covered by this order in the in certain counties in Wisconsin. Filed if specifically set forth herein. If Basic area covered by this order, do not con 12:30 p. m. Order No. 1 as amended, is further tain a sufficiently complete description Peoria Order 16-F, Amendment 26, amended in any respect, the provisions to identify the exact nature, type, size, covering fresh fruits and vegetables in of said order as amended, shall likewise or quantity of the commodity, and thus certain counties in Illinois. Filed 12:32 without further action, become part of determine the maximum price fixed by p. m. this order. All persons subject to this Schedule A of this order, the maximum Peoria Order 17-F, Amendment 26, Adopting Order are also subject to Basic price applicable to such sale shall be the covering fresh fruits and vegetables in Order No. 1 as amended under General lowest maximum price which can be com certain counties in Illinois. Filed 12:31 Order 68 as amended, and should be puted under Schedule A of this order in p. m. familiar with the provisions of said accordance with the incomplete descrip Peoria Order 18-F, Amendment 26, order. tion. covering fresh fruits and vegetables in S ec. 2. Territory covered by this or S e c . 8 . Revocation or amendment. certain counties in Illinois. Filed 12:31 der. The geographical area covered by This order may be revised, amended, re p. m. this order is the county of Beaver in the voked or modified at any time by the Peoria Order 19-F, Amendment 26, State of Pennsylvania. Office of Price Administration. covering fresh fruits and vegetables in certain counties in Illinois, Filed 12:30 S e c . 3. Maximum prices. The maxi This order shall become effective 12:01 p. m. mum prices for the building materials A. M. July X 1946. Region VII covered by this order are set forth in Issued this 20th day of June 1946. Schedule A hereto annexed and made a Helena Order 117, Amendment 1, cov part of this order. The prices fixed in W i l l i a m K. H a r r i s o n , ering dry groceries in certain counties Schedule A cover all sales in the territory District Director. in Montana. Filed 12:39 p. m. covered by this order, regardless of the Salt Lake Order 17-F, Amendment 2, [F. R. Doc. 46-15313; Filed, Aug. 28, 1946; location of the place of business of the 1:33 p. m.j covering fresh fruits and vegetables in seller. the Salt Lake, Davis, and Weber area. Filed 12:39 p. m. S e c . 4 . Discounts, allowances, and terms Salt Lake Order 18-F, Amendment 2, of sale. The maximum prices set forth [Region H Rev. Adopting Order 2 Under Basic covering fresh fruits and vegetables in in Schedule A are delivered prices on Order 1 Under Gen. Order 68, Arndt. 1] sales of more than $10 within a radius of Cache, Carbon and Emery area. Filed B u i l d i n g a n d C onstruction M a t e r ia l s i n 5 miles of the seller’s yard. On delivered 12:39 p. m. N e w Y o r k C i t y a n d i n N a s s a u C o u n t y , Salt Lake City Order 19-F, Amend sales of $10 or less, a delivery charge of N. Y. ment 2, covering fresh fruits and vege not more than 10% of the amount of the sale, may be made. All customary For the reasons set forth in an opinion tables in the Rich and Daggett area. issued simultaneously herewith and filed Filed 12:39 p. m. allowances, discounts and differentials must be preserved. with the Division of the Federal Register, Salt Lake City Orders 38, 40, and 43, Revised Adopting Order No. 2, under Amendment 1, covering dry groceries. S e c . 5. Relationship of this order to Basic Order No. 1, as amended, under Filed 12:39 and 12:38 p. m. Basic Order No. 1 as Amended, Under General Order No. 68, as amended, is Copies of any of these orders may be General Order No. 68 as Amended, and hereby amended in the following re obtained from the OPA Office in the to General Maximum Price Regulation, spects: designated city. and other maximum price regulations. As previously stated, all provisions of 1. A new section designated section 3A, E r v i n H. P o l l a c k , Secretary. Basic Order No. 1 as amended, are is added immediately after section 3 to adopted by this order. The maximum read as follows: [P. R. Doc. 46-15762; Filed, Sept. 3, 1946; prices fixed by this order supersede any 11:13 a. m.] S e c . 3A. Adjustment to reflect increase maximum price or pricing method pre in suppliers price—(a) Applicability. viously established by the General Maxi This section is applicable only where the mum Price Regulation, or by any other amendment or order which grants your [Pittsburgh Adopting Order 43 Under Basic applicable regulation or order. Except Order 1 Under Gen. Order 68] supplier an increase in his maximum to the extent that they are inconsistent price provides that all resellers (includ B u i l d i n g a n d C onstruction M a t e r ia l s with the provisions of this order, all other ing those subject to area orders issued i n B e a v e r C o u n t y , P a . provisions of the General Maximum Price under General Order 68) may increase Regulation, or of any other applicable For the reasons set forth in an opinion their maximum prices for the commodity regulation or order shall remain appli in question. issued simultaneously herewith and filed cable to sales covered by this order. with the Division of the Federal Regis (b) Maximum price. You may in ter and under the authority vested in S e c . 6 . Posting of maximum prices. crease the price listed in this order by the Regional Administrator of Region 2 Every seller making sales covered by this the amount permitted for resellers by an by the Emergency Price Control Act of order shall post a copy of the list of industry-wide or area-wide amendment 1942 as amended, by General Order No. maximum prices fixed by this order in or order increasing your suppliers maxi 68 as amended, and by Revised Pro each place of business within the area mum price. You can only do this, how cedural Regulation No. 1, which author covered by this order. ever, if the effective date of the action ity has been duly delegated by such increasing your suppliers maximum S e c . 7. Records and sales slips—(a) price is later than the date stated on the Regional Administrator to the District Required information. The provisions Director, Pittsburgh District Office, it is price list contained in this order. Thus, of section (e) of Basic Order No. 1 as if your suppliers maximum price for a hereby ordered: amended, covering sales slips and records product is increased and at some later S e c t i o n 1 . What this order covers. are adopted in and applicable to this date the price listed in this order is in This Adopting Order under Basie Order order, as if specifically set forth herein, creased for this product, the amendment No. 1 as amended, under General Order and also on any sale of $25 or more, each to this order will supersede the increase No. 68 as amended, covers sales by all seller, regardless of previous custom, originally granted you by the Amend persons to ultimate users or to pur must keep records showing at least the ment or order increasing your suppliers chasers for resale on an installed basis, following: maximum price. of certain building materials listed in (1) Name and address of buyer. 2. Schedule A is amended as follows: Schedule A hereto annexed1 and gen (2) Date of transaction. erally known as “hard mason materials”. (8) Place of delivery. (a) The title of Schedule (A) is All provisions of Basic Order No. 1 as (4) Complete description of each item sold amended to read Revised Schedule A, amended, under General Order 68, as and price charged. dated June 30, 1946. (b) Maximum prices for insufficiently (b) Revised Schedule (A) is amended 1 Filed as part of the original document. described items, Sphere the seller’s rec to read as follows; No. 173----- 6 9770 FEDERAL REGISTER,.Thursday, September 5, 1946 R evised Scheduli. A Dated June 30, 1946 Maximum delivered Maximum delivered ^ prices in sales to— prices in sales to— Contractor Item Contractor Item Description of commodity Unit Description of commodity Unit (purchaser No. (purchaser No. Consumer for resale Consumer for resale (ultimate (ultimate on an in on an in user) stalled user) stalled basis basis) Plaster, neat...... 100 lb. bag. $0.87 $0.95 Metal Lath—Continued Plaster, hard wall, sanded______... 100 lb. bag. .77 .85 d. Rib lath, painted: Plaster, gauging...______100 lb. bag. » 1.25 »1.35 34 Sq. yd..:__ $0.34 $0.376 Plaster, moulding______100 lb. bag. »1.25 «1.35 35 4.0 lbs. j |" ...... Sq. ÿd____ .36 .395 Plaster, bonding______100 lb. bag. 1.02 1.12 Cornerite—Copper Alloy—Painted: Plaster board 32 x 36 )5 thick------Per bd____ .26 .26 36 2" x 2" ...... Lin. ft...... 02 .02 Plaster board 32 x 36 )5 thick------Per bd____ .27 .27 37 3" x 3" ...... Lin. ft__... .02)5 .02)5 Plaster board 32 x 36 )5 thick------Per bd___ .285 .285 Comer Bead—Galvanized: Gypsum sheathing (black paper) Mi"-. Sq. f t ...... 03)5 .04 38 a. Standard, wing bead: 155" Lin. ft...... 04)5 .04)5 Gypsum wallboard %"------Sq. ft_____ .04 .04)5 flange. Gypsum wallboard )5"------Sq. ft_____ .04)5 .05 39 b. Wide, flange bead: 2)5" flange.. Lin .ft...... 05)5 .05)5 Gypsum lath %"------Sq. ft...... *.02)5 >.03 40 o. Standard, expansion bead: 2)5" Lin. ft...... 05)5 • 05)5 Gypsum block, partition, hollow, 3" flange. thick.______Sq. ft. .11 .11 41 d. Standard, bullnose bead: % .05)5 .05)5 Gypsum block, partition, hollow, 4" radius; 1)5" flange. thick...______Sq. ft...... i .125 .125 e. Expansion, bullnose bead: Portland cement, paper bag______94 lb. bag.. .75 .80 42 Lin. ft____ .08 .08 Portland cement, cloth bag— ...... — 94 lb. bag.. »1.00 >1.05 43 Lin. ft____ .09 .09 Waterproof cement, gray______100 lb. bag. 1.00 1.20 Flue lining, vitrified clay: Hi-Early waterproof cement------100 lb. bag. 1.00 1.20 a. Square or rectangular: Keene’s cement------100 lb. bag- 2.10 2.25 44 AW xRW ' Lin. ft...... 33 .33 Mason’s hydrated lime______50 lb. bag.. .50 .55 45 4)5" x 13" ...... Lin. ft____ .44 .44 Finishing lime______50 lb. bag.. .60 .65 46 7Ì4" X 7Ì4" - -______Lin. ft____ .33 .33 Masonry mortar, paper sacks.— .— 70 lb. bag.. .65 .70 47 Rt5" x R»5" - ______Lin. ft...... 44)5 .44)5 Clay drain tile, 3"______Per f t...... 09)5 .12 48 RÌ|" x 13" —...... Lin. ft...... 66 .66 Clay drain tile, 4"------Per ft...... 11 .13 49 8)5" x 18" ...... Lin. ft...... 99)5 .99)5 Clay drain tile, 6"______r- Per ft...... 16 .16 50 13" x 1 3 "...... -...... Lin. ft____ .84)5 .84)5 Common bricks—standard size in 51 13" x 18" ...... - Lin. ft____ 1.29 1.29 orders of: 52 IR" X 1R" _ . . ______Lin. ft____ 1.65 1.65 a. 4,500 and over------Per M . 23.00 23.00 53 20" x 20" ______Lin. ft____ 3.00 3.00 b. 3,000-4,499...... — Per M . 27.00 27.00 54 20" x 24" . ______Lin. ft____ 3.45 3.45 C. 1,000-2,999...... Per M . 29.00 29.00 55 24" x 24" ______Lin. f t ..— 3.90 ‘ 3.90 Each... .03)5 .03)5 b. Bound flue lining: d. Under 1,000...... 22 .22 27 Oversize bricks—Standard size in - 56 3" ...... Lin. ft_____ orders of: 57 4" ...... Lin. ft____ .22 .22 a. 4,500 and over______Per M . 26.50 26.50 58 6" ______-...... Lin. ft...... 33 .33 b. 3,000-4,499...... Per M . 30.50" 30.50 59 8" ...... Lin. ft____ .51)5 .515 C. 1,000-2,999...... Per M . 32.60 32.50 60 10" ______Lin. ft____ .77 .77 Each_ .0355 61 12" . . . __ ' ______Lin. ft____ .99 .99 d. Under 1,000...... -...... 0355 1.32 1.32 Metal Lath: 62 15" ...... Lin. ft____ 63 Ï8" ...... Lin. ft____ 1.84 1.84 a. Diamond mesh, painted: 2.20 2.2 lbs...... Sq. yd. .24 .27 64 20" ...... Lin. ft____ 2.20 .28 .31 65 22" . . . . . _____ -_____ Lin. ft____ 2.94 2.94 2.5 lbs...... Sq. yd. 3.31 3.4 lbs______Sq. yd. .33)5 .37 .66 24" ______. Lin. f t ...... 3.31 67 27"...... Lin. ft____ 6.28 6.28 b. Diamond mesh, galvanized: SO" Lin. ft_____ 6.95 6.95 CO Ov 3.4 lbs...... —— ...... Sq. yd. £ .39 68 69 as" ______Lin. ft...... 9.30 9.30 c. Flat rib, painted: 10.50 10.50 2.75 lbs...... -— l ...... Sq. yd. .30 .33 70 36" i—...... __...... Lin. ft____ 3.4 lbs...... Sq. yd. .34 . .375 1 For plaster produced by the Newark Plaster Co., add 30)6 for each 100 lbs. to above prices. . __ r - - . , . %r______1- T»1__1____ „4.1 IfJfnnAA/ih P/ilinrn fArtf fA ohAWA TVMfl price deposit Prices to contractors o r. Prices to contractors or consumers in retail sales consumers in retail sales Item Item Description of commodity Unit Description of commodity Unit No. No. 9 inches 13 inches 9 inches 13 inches WAU. COPING AND FITTINGS WALL COPING AND FITTINGS—continued Straight coping: 73 Angles: a. Camel back or double slant. Per ft...... $0.29)5 $0.44 a. Camel back or double slant. Each...... $1.47 $2.21 .33 .49 b. Lap-Lok______1____ Each...... 1.66 2.48 b. Lap-Lok______Per ft...... 4.42 c. Single slant...... - Per ft...... 59 .88 c. Single slant..______Each...... 2.94 Comers, closed ends or starters: 74 Tees: .883 1.32 a. Camel back or double slant. Each...... 2.36 3.53 a. Camel back or double slant. Each______3.98 b. Lap-Lok______Each._____ .99)4 1.49 b. Lap-Lok______Each______2.65 c. Single slant...... —— Each...... 1.77 2.64 c. Single slant______Each...... 4.72 7.06 Prices to contractors or Prices to contractors or consumers in retail consumers in retail sales sales Item Item Unit Description of commodity Unit Description of commodity Double No. Double Double No. Standard strength strength 2 Ft. 3 Ft. 3 F t 2 F t 3 F t 3 Ft Sewer pipe, vitrified clay—Con. * Sewer pipe, vitrified clay: $2.79 75 Lin ft $0.22 84 20"...... Lin. ft____ .22 $0.24 85 21"...... lin. ft___ ... 3.26 76 3.73 77 .33 .36 H 86 22"...... lin. ft------.33 .36)5 87 24"...... lin. f t . . . ___ 4.19 78 6.28 79 8" .51)4 .54 88 27"...... lin. ft_____ .81 89 30"...... lin. f t ...... 6.96 80 .77 9.21 81 .99 1.04 90 33"...... lin. ft___... 82 Lin. ft. $1.61 91 36"...... lin. ft...... 10.49 83 18"...... Lin. ft____ ------...... 2.33 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 9771 Maximum delivered prices in Maximum delivered prices in sales to contracte»’ or consumer sales to contractor or consumer Less than track- Item Truckload lots— Less than truck- Item Description of commodity Unit Truckload lots— load lots—per Description of commodity Unit load lots—per No. per 1,000 blocks block No. per 1,000 blocks block Un- Un- Un Un Scored scorèd Scored scoréd Scored scored Scored scored TERRA COTTA BROCKS 1. Horizontal or vertical-cell A. Non-load-bearing tile: backing: 92 3-cell 2" x 12" x 12"...... $109.11 $116.73 $0.UA $0.1534 104 a. Unibacker or vertibacker: % 3-cell 3" x 12" x 12"...... 104. 26 112.10 .1414 . 16 6%" x 7M" x 12"___ $132.06 $141. 99 $. 18 $.20 94 3-cell 4" x 12" x 12"...... 111. 18 119.57 • 14-Î4 .1534 105 b. Speed-A-Baeker or Verti- 95 6-ccll 4" x 12" x 12"...... I 138.98 149.46 .18 .20 "backer: 7A" x 7%" x 12" 152.88 164.41 .20 .21 96 3-cell 5" x 12" x 12"...... 132.06 141.99 .18 .20 106 2. Speedtile: 7%" x 7%" x 12". 166. 78 179.36 .21 .23 97 3-cell 6" x 12" x 12"______152.88 164.41 .20 .21 3. Closure units—Unscored 1 :...... - 98 6-cell 6" x 12" x 12"...... 166.78 179.36 .21 .23 side and 1 end only; 99 6-cell 8" x 12" x 12"______207.68 224.20 .26 • 27J4 107 RA6" x 976" x 7*4". $82.20 $0.1334 Split furring tile: *- 108 S&P x 12" x 7 \" __ r 97.15 .1414 100 iH 'x 12"xl2"_____ 58.19 62.28 .10 .11 .101 2" x 12" x 12"______65.46 70.05 .u A 1234 . Per 1,000 square Per square feet B. Load-bearing tOe: Booktile; feet 102 3-cell 3% "x 12" x 12". 138.98 . 149.46 .18 .20 109 3" x 12" x 18" or 24"______$173.45 $0.23 .26 .27A 103 6-cell 6" x 12" x 12".. . 298.52 224.20 ¡ ¡g Maximum de ivered prices Maximum delivered prices in sales to— in sales to— Applicators Item Applicators Item Description of commodity Unit or con Description of commodity Unit or con No. tractors Consumers No. tractors Consumers (purchasers (ultimate (purchasers (ultimate for resale on users) lor resale on users) an installed an installed basis - basis Roofing, siding and insulation: Asbestos cement roofing shingles—Con. 110 Asphalt roofing (90 lb.) mineral R oll-___ $2.44’ $2.68 b. Dutch lap shingles 16 x 16: surface. 124 Colonial g r a y ______...... do., . $9.15 $10.06 111 Asphalt or tarred felt, 15 lb. or 30 «__ do___ 2.44 2.68 125 Standard _ 9.40 10.34 lb. 126 Green.,...... do 9.65 10.61 112 ~ Smooth roofing (45 lb.) medium... Sq. roll— 1.50 1.65 127 Fiber insulation board, A" std. lath MSF..___ 50.00 55.00 do___ 1.84 2.02 and board. 114 Smooth roofing (65 lb.) ex. heavy—____do___ 2.15 2.36 Synthetic fiber board: 115 Cap sheathing (black and white), ____do----- 1.42 1.56 a. Standard density: 431b. 128 A" ...... SF...... 075 .08 116 Asphalt shingles (21fi lbs.) 3 in 1 Square___ 5.70 6.27 129 fia "...... •...... SF...... 09 .10 thick butt. 130 }4"...... SF...... 11 .12 117 Asphalt shingles (165 lbs.), 2 or 3 ___ dO-;__ 4.50 4.95 b. Hard density: tab. (hexagon). 131 « " ...... SF...... 10 • .11 118 Fiber insulation board MSF____ 65.00 71.50 132 %«"_...... SF...... 11 .12 asphalt sheathing. 133 U" . ______SF...... 145 .16 119 Asbestos cement siding; 12 x 24 or Square__ 7.88 8.67 Thermal insulation: 27 white or buff. 134 MSF____’ 47.00 51.70 120 Asbestos cement siding; 12 x 24 ...... do----- 7.58 8.37 135 M SF— 60.00 66.00 or 27 standard colors. 136 1.10 1.21 Asbestos cement roofing shingles: 137 Blankets (paper backed), medium MSF...... 50.00 55.00 a. Hexagonal 16 x 16: 2", or balsam wool std. 1". 121 ...... do___ 8.70 9. 55 138 Blankets (paper backed), thiek 4"’ MSF____ 62.50 68.75 122 -a.-~ do___ 8.95 9.85 or balsam wool, double thick 2". 123 Green______do___ 9.25 10.18 This amendment shall become effective either to an ultimate user (including, but the sales hereinabove in this section immediately. ^ - e. g., any commercial, industrial, institu listed shall not thereby be deemed to be tional, governmental and individual or exempted from the operation of any reg Issued this 23d day of August 1946. private user) or to any person buying ulation or order (other than this order) [seal] J ames L. M eader, for resale installed'(including, e. g., any establishing prices for such sales. Regional Administrator. building contractor) — S ec. 3. Relation of this order to other [F. R. Doc. 46-15288; Filed, Aug. 28, 1946; it being intended by any reference ap regulations or orders. Except insofar as 1:21 p. m,] pearing in this order to Sec. 8 or any the General Maximum Price Regulation, schedule thereof to refer to the same as as heretofore or hereafter amended, is hereby made effective or as hereafter inconsistent herewith, it shall apply to from time to time amended. all sales covered by this order; but, as to [Richmond Order G-3 Under Gen. Order 68 all such sales, this order (subject to the and MPR 592] Sec. 2. Sales excluded from this order. provisions of subsection (e) of section 4 Building and Other Lik e M aterials in This ordter shall not apply to any sale: thereof) shall supersede all regulations Virginia (a) of materials for installation or use or orders; other than the General Maxi by or for the purchaser within the coun mum Price Regulation, heretofore or For the reasons set out in the accom ties of Arlington and Fairfax, any town hereafter issued by the Office of Price Ad panying opinion, it is hereby ordered: or other place therein or the city of ministration, including the following un Section 1. Sales covered by this order. Alexandria, or (b) by a mail-order seller der General Order No. 68: Subject to the exclusions of section 2 be to the extent that such sale may have Number G-l, issued by the Director of the low, this order shall apply to every sale— been exempted from the operation of this Roanoke District. Office, Office of Price Ad (a) Which is a sale of any material order as provided by section (f) of Gen ministration, effective January 8, 1946. listed in a schedule of this order included eral Order No. 68, or (c) of clay building Number G -l, issued by the undersigned in Sec. 8 below, and (b) in which, within brick by any person other than the manu effective February 1, 1946. the area described in that schedule either facturer out of stock not on the manu Number G-2, issued by the undersigned the seller has his place of business or the facturer’s premises, or (d) of roofing or effective April 8, 1946. material is to be installed or used by or siding to any person buying the same for Sec. 4. Maximum prices, (a) Subject for the purchaser, and (c) which is made resale installed on old construction; to the provisions of the following subsec- 9772 FEDERAL REGISTER, Thursday, September 5, 1946 kept by sellers shall show at least: (1) tions of this sec. 4, on any sale of any Insulation: material that is listed in some schedule date of sale, (2) name and address of Junior batts, M sq. f t - . - . . - . . - . —— 60.00 hereof and is to be installed or used by seller and purchaser, (3) complete de Wool blanket 1”, M sq. ft—— 40.0b or for the purchaser within the area de scription of each item sold and (4) the Wool blanket 2”, M sq. ft.— — 45.00 scribed in that schedule, the price set out? price received for it. Wool blanket 3”, M sq. ft____—.— - 60.00 Lath: Plaster base M sq. ft— ... 23.00 for the material in section (c) of the Sec. 7. Violations. On and after the schedule shall be the seller’s maximum Lime: effective date of this order it shall be a Finishing, 50 lb. bag------— • 62 price for the sale. violation thereof: Finishing, ton______-—j.------24.64 (b) If, however, the seller’s place of (a) To make or offer to make any sale, » Hydrated, 50 lb. bag___ ------— . 56 business is within the area described in to make or offer to make delivery, or in - Hydrated, ton — —------——— — 20.89 some other schedule hereof, section (c) the course of trade or business to buy or Mortar: Brick, bbl------2.65 of which lists the material sold and sets offer to buy, at a price in excess of the Paper, building: out a lower maximum price therefor than price established by this order, or Hopewell kraft 36”, roll..------1.50 that determined pursuant to subsection Sisal kraft 36” , 500 ft. roll------,5. 50 (b) To evade any provision of this or Plaster: (a) of this sec. 4, then such lower price der by any scheme or device, or Finishing (calcine), 100 lb. bag------1.75 shall be the seller’s maximum price for (c) To require the purchaser, as a con Finishing, ton..______:------32.40 the sale. dition of his purchase, to make any addi Wallhard, 100 lb. b a g ...... —------1.05 (c) Notwithstanding the provisions of tional purchase; WaUhard, to n ...... 20.00 the preceding subsections, the seller (ex Any person violating this order, Pulp wallboard, (except upson), cept on sales of clay building brick) may whether as hereinabove set out or other M sq. ft______35.00 require the purchaser to assume trans Roofing: wise, shall be subject to all criminal pen Asphalt roll mineral surface 90 lb. portation costs on terms not more oner alties, civil enforcement actions, license s q ______— 2.76 ous than during March, 1942, were re suspension proceedings and actions for . Strip shingles, 11%"» 167 lb. hex., quired of any purchaser of the same triple damages provided for by the Emer s q ______- — - 5.09 class by the seller or (if he was not then gency Price Control Act of 1942, as Strip shingles 12” , 210 lb., sq_------6.05 in business) by his most closely competi amended. Siding: tive seller of the same class who was. Roll brick, sq------.»— ------3.71 (d) Notwithstanding the provisions of S ec. 8. Schedules Brick insulated, sq------— — 12.00 Vitrified clay products: Sewer pipe the preceding subsections, the seller’s Schedule A—R ichm ond Area maximum price for clay building brick, if No. 1 SS 6” , lin. f t ------.33 (a) Prices set out in section (c) below Schedule B—H ampton R oads Area it is to be installed or used by or for the shall, as provided by section 4 of this order, purchaser at a site within the seller’s apply within the following area: Counties of (a) Prices set out in section (cj below normal trading area as it existed in Amelia, Charles City, Chesterfield (except shall, as provided by section 4 of this order, March 1942, shall be reduced by all trans Matoaka Magisterial District) Cumberland, apply within thè following area: Counties of portation costsx incurred by or for the Essex, Goochland, Hanover, Henrico, King Accomac, Elizabeth City, Gloucester, Isle of purchaser, but if the site is outside that William, King and Queen, Lunenburg, Mid Wight, James City, Mathews, Norfolk, Nor area and the seller does hot make deliv dlesex, New Kent, Nottoway, Prince Edward thampton, Nansemond, Princess Anne, Sou and Powhatan, all towns and other places thampton, Warwick and York, all towns and ery to the site, then his maximum price therein, and the city of Richmond. other places therein, and the cities of Hamp shall be reduced by the sum of $5.50. (b) As provided by sec. 4 of this order, ton, Newport News, Norfolk, Portsmouth, (e) Notwithstanding the provisions of prices set out in section (c) below shall be South Norfolk, SuÌtolk and Williamsburg. the preceding subsections, the prices set reduced as follows: (b) As provided by section 4 of this order, out in section (c) of any schedule hereof prices set out in section (c) below shall be I t e m R e d u c t i o n shall be increased as and to the extent Clay building brick, if installed . i1) reduced as follows: authorized by any order or regulation of or used by purchaser within I t e m R e d u c t i o n . the Office of Price Administration, or by seller’s normal trading area Clay building brick, if installed <*) any amendment thereof, but not unless as it existed in March 1942. or used by purchaser within the order, regulation or amendment takes Same, if installed or used out $5.50 per M. seller’s normal trading area effect subsequently to the effective date side such trading area and as it existed in March 1942. appearing on that schedule and author seller does not deliver. Same, if installed or used out $5.50 per M. izes sellers making sales covered by this Same, if payment is received on $0.50 per M. side such trading area and or before 10th day of calen seller does not deliver. order to increase their prices. dar month following passage Same, if payment is received on $0.50 per M. (f) Notwithstanding the provisions of of title to purchaser. or before 10th day of calen the preceding subsections, maximum All other materials, if payment 2 percent. dar month following passage prices thereby established shall be re is received in cash or within of title to purchaser. duced by the discount for prompt pay 10 days. All other materials, if payment 2 percent. ment provided for by the schedules 1 All transportation costs incurred by or for is received in cash or within hereof. purchaser. 10 days. (c) Table of maximum prices: 1 All transportation costs incurred by or for S ec. 5. Posting. Every seller making purchaser. sales covered by this order shall, in each Item and unit of sale Maximum of his places of business situated within Asbestos: p r ic e (c) Table of maximum prices: the area described in any schedule hereof, Siding—12” x 24” white, sq_____— $8. 03 M a x i m u m Siding—12” x 24” colored, sq------7.72 post a copy of such schedule so that it Item and unit of sale price Brick, common, standard size: Asbestos: Siding—12” ,x 24” white, shall be plainly visible to all purchasers. All hard, M—__— -—- 26.50 s q ______-______$7.88 Sec. 6. Sales-slips and records, (a) A grade, M-.___.—------28. 50 On every sale covered by this order, if Select, M______—------29. 50 Brick, common, standard size: Brick, face, standard, machine made: All hard, M...... 26. 50 the seller has customarily given pur A-2 grade; M-—&______... _____ 29. 50 A grade, M______- — ------28.00 chasers sales slips or other evidence of A-l grade, M______31. 50 Select, M______29.50 sale, he shall continue to do so. With AA grade, M______—— 34. 50 Brick, face, standard, machine made: out regard to previous custom the seller Cement: A-2 grade, M______— ------29. 50 upon the purchaser’s request shall give Portland plain gray, 94 lb. bag------. . 78 A-l grade, M------... ------— 31. 50 him a receipt. If the seller customarily Portland plain gray, bbl------3.11 AA grade, M______— 34.50 prepared sales-slips in more than one Keene’s, 100 lb. bag------;------2. 58 C em en t: copy he must keep for at least six months Keenes, ton------— ------47. 50 Portland plain gray, 94 lb. bag------.83 Felt: after delivery a duplicate copy of each Asphalt, 15 lb., roll 432 sq. ft__------2.88 Portland plan gray, bbl------3.31 sales-slips delivered by him pursuant to Slater’s 25 lb., roll 500 sq. f t ------1. 61 Gypsum board, %”, M sq. ft ------42. 50 this section; but without regard to pre Flue Lining: Fire clay 8%” x 8%”, L i m e : vious custom he shall keep records of lin ft______• 38 Finishing, 50 lb. bag------67 every sale amounting to $50.00 or more. Gyplap, % " 2 x 8, M sq. ft------— — 40. 00 Finishing, ton ______24.64 (b) Receipts required to be given to Gypsum board, %” , M sq. ft------40.00 H ydrated, 50 lb. bag ------• 66 purchasers and records required to be Gypsum board, %” , M sq. ft------45. 00 Hydrated, ton ______— ------20.89 FEDERAL REGISTER, Thursday, September 5, 1946 9773 Item and unit of sale —Con. M a x i m u m I t e m R e d u c t i o n (c) Table of maximum prices: Plaster: p r ic e Clay building brick, if installed Í1) finishing (calcine), 100 1b. bag___ $2. 00. or used by purchaser within Item and unit of sale Maximum Finishing, ton______40.00 seller’s normal trading area Brick, common, standard size: price - Wallhard, 100 lb. bag______1.05 as it existed in March 1942. All hard, M______$26.50 Wallhard, ton______r 20. 00 Same, if installed or used out $5.50 per M. A grade, M______28.00 Hoofing: side such trading area and Select, M______,__29. 50 Roll mineral surface, 90 lb., sq____ 3. 32 Brick, face, standard, machine made: seller does not deliver. A-2 grade, M______29. 50 Strip shingles, 12" 210 lb., sq____ _ 7.86 Same, if payment is received on $0.50 per M. .. A-l grade, M______31. 50 Siding: Roll brick, sq______3.96 or before 10th day of calen dar month following passage AA grade, M______.___. ______34. 50 Schedule C— P etersburg-H opewell Area of title to purchaser. Cem ent: 2 percent. Portland plain gray, 94 lb. bag_____ . 88 (a) Prices set out in section (c) below All other materials, if payment Portland plain gray, bbl_____ .___ 3. 51 shall, as provided by Sec. 4 of this order, apply is received ih cash or within Keenes, 100 lb. bag______2. 58 10 days. within the following area: Counties of Bruns Keenes, ton ______46. 50 wick, Chesterfield (Matoaka Magisterial Dis 1 All transportation costs incurred by or for F elt: trict only), Dinwiddle, Greensville, Mecklen purchaser. Asphalt 15 lb. roll 432 sq. ft ______3. 28 burg, Prince George, Surry and Sussex, all . (c) Table of maximum prices: Slaters 25 lb. roll 500 sq. ft______1.84 towns and other places therein and the cities Gyplap, %" 2x8 M sq. ft ______‘____ 40.00 of Hopewell and Petersburg. M a x i m u m Gypsum board: %" M sq. ft ______35.00 9774 ^ FEDERAL REGISTER, T h u rsd a y, September 5, 1946 Item and unit of sale Item and unit of sale —Con. M a x i m u m and the cities of Buena Vista, Clifton Forge, —Con. Lime: p r ic e Radford, and Roanoke. Vitrified clay products-—Con. M a x i m u m Finishing, 50-lb. bag------,------$0. 67 (b) As provided by section 4 of this order, Sewer pipe fittings, No. 1 SS; P r ic e Finishing, ton______i.------22.40 prices set out in section (c) below shall be wall coping, 9" wall, lin. ft----- $0.25 Plaster: reduced as follows: Wall coping, 13" wall, lin. ft— .38 Finishing (calcine), 100-lb. bag— _ 2.00 Corners, ends, starters, 9'* wall, Finishing, ton------35.00 I t e m R e d u c t i o n each ------. 75 Wallhard, 100-lb. bag------1.00 C la y building brick, if installed' P> Corners, ends, starters, 13" wall, or used by purchaser within each ______- 1.13 Pulp tailboard %«" (except Upson), seller’s normal trading area M sq. ft------;------37.50 as it existed in March 1942. / Schedule J—Danville Area Roofing: Same) if installed or used out $5.50 per M. (a) Priees set out in section (c) below shall, Asphalt roll, mineral surface, 90-lb., side such trading area and as provided by section 4 of this order, apply s q ______2. 82 seller does not deliver.. within the following area: Counties of Hali Strip shingles, 12" 210-lb., sq---- - 6. 52 Same, if payment is received on $0.50 per M. fax, Henry, Patrick, and Pittsylvania, all Schedule G—Charlottesville-F redericks- or before 10th day of calen towns and other places therein and the cities btjrg Area dar month following passage of Danville and Martinsville. of title to purchaser. (b) As provided by section 4 of this order, (a) Prices set out in section (c) below All other materials, if payment 2 percent. prices set out in section (c) below shall be shall, as provided by section 4 of this order, is received in cash or within reduced as follows: apply within the following area: Counties of 10 days. Albemarle, Caroline, Culpeper, Fluvanna, I t e m R e d u c t i o n Greene, Kang George, Lancaster, Louisa, 1 All transportation costs incurred by or for Clay building brick, if installed <*>. Northumberland, Madison, Orange, Prince purchaser. or used by purchaser within William, Richmond, Stafford, Spotsylvania seller’s normal trading area and Westmoreland, all towns and other (c) Table of Maximum Prides: as it existed in March 1942. Same, if installed or used out $5.50 per M. places therein and the cities of Charlottes Item and unit of sale Maximum ville and Fredericksburg. side such trading area and (b) As provided by section 4 of this order, Brick, common, standard size: price seller does not deliver. All Hard, M_____- ______$26. 50 Same, if payment is received on $0.50 per M. prices set out in section (c) below shall be A Grade, M______28.00 reduced as follows^ or before ,10th day of calen Select, M______29.50 dar month following passage I t e m R e d u c t i o n Brick, face, standard, machine made: , of title to purchaser. Clay building brick, if installed P) A-2 Grade, M...... ,______7_ 29.50 All other materials, if payment 2 percent. or used by purchaser within A-l Grade, M...... 31.50 is received in cash or within seller’s normal trading area AA Grade, M...... 34.50 10 days. as it existed in March 1942. Cem ent: 1 All transportation costs incurred by or for Same, if installed or used out $5.50 per M. Portland plain gray, 94 lb. bag____ . 83 purchaser. side such trading areh and Portland plain gray, bbl______3.31 seller does not deliver. W hite” 100 lb. bag______2.55 (c) Table of maximum prices: Same, if payment is received on $0.50 per M. K eenes, 100 lb. bag______2.10 M a x i m u m or before 10th day of calen Drain tile: Item and unit of sale p r ic e dar month following passage Clay 3", lin. ft ______'______.072 Asbestos: Sidings 12" x 24" white, of title to purchaser. Clay1 4", lin. ft ______.1 0 Square______— $10.70 All other materials, if payment 2 percent. Clay 6", lin. ft ______.1 6 Brick, common, standard size: is received in cash or within F elt: All hard, M______- ____ 26.50 10 days. Asphalt 15 lb., roll 432 sq. ft ______2.94 A grade, M______- 28. 00 Asphalt 30 lb., roll 216 sq. ft____ 2. 61 \ Select, M -______29.50 1 All transportation costs incurred by or for Brick, face, standard machine made: purchaser. Flue linings: Fire clay 6" dia., lin.. ft. ______'.36 A-2 grade, M______- ______29.50 (c) Table of Maximum Prices: &V2" x 8% ", lin . f t ______.3 8 ' A-l grade, M______31. 50 AA grade, M______— 34. 50 M a x i m u m 8%" x 13", lin. ft ______)______.5 8 13" x 13", lin. ft ___ :______. 76 Cement: Item and unit of sale price Gyplap, Ya” 2 x 8, M sq. ft ______40.00 Portland plain gray, 94 lb. bag__ - . 87 Asbestos: Siding—12" x 24'' white, sq_ $8. 77 Portland plain gray, bbl-.,____ —— 3.46 Brick, common, standard size: Gypsum board, %", M sq. ft ______40.00 Insulation board: Keenes, 100 lb. bag______— 2.35 All hard, M______26.50 Felt: A Grade, M______28.00 % ", M sq. ft______40.00 Va ", M sq. ft- ______45. 00 Asphalt 15 lb., roll 432 sq ft------3.12 Select, M...... 29. 50 Slaters 25 lb., roll 500 sq. ft______1. 61 Brick, tace, standard machine made: 25/32", M sq. ft ______91.00 L a th : Flue Lining: A-2 grade, M------29. 50 Fire clay 6" dia., lin. ft— ______.30 A-l grade, M - ______- — 31. 50 Gypsum plaster base % ", M sq. ft. 25.00 Insulation, y2” , M sq. ft___;______48.38 8y2 X 13", lin. ft______.40 AA grade, M------_------34. 50 Thimbles 6", each------— . 60 Cement: Lime: Finishing, 50 lb. bag-.______.5 8 Gylap, y2" : 2 x 8, M sq. ft—______40.00 Portland plain gray, 94-lb. bag— - .78 Insulation: Junior batts, M sq.ft__ _ 60.00 Portland plain gray, to n ------— 3.11 Hydrated, 50 lb. bag______.58 Mortar: Insulation board: %", M sq. ft------40.00 Keenes, 100-lb. bag— ------—- 2.33 Insulating tile board: 12 x 12", M sq. Keenes, ton______— 46. 50 Brick, 70 lb. bag______. 61 Brick, bbl______2.45 f t ...... - 65.00 Gypsum board: %", M sq. ft—.------35.00 Lath: Plaster base M sq. ft— _— 25.00 Lime: Plaster: Gauging, 100 lb. bag______- ____ 1.83 Lime: Finishing, 50-lb. bag------.67 Finishing, 50 lb. bag------.75 Finishing, ton______24. 64 Wallboard, 100 lb. bag______1.02 Roofing: Finishing, ton.______— “------26.88 Hydrated, 50-lb. bag______—_—. . 58 Hydrated, 50 lb. bag------. 56 Hydrated, ton______;------—_ 23.14 Asphalt roll mineral surface 90 lb., sq------:______3.09 Hydrated, ton— ------22.40 Plaster: Mortar: Brick, 70 lb. bag------.70 Finishing (calcine), 100-lb. bag,- 1.60 Strip shingles, 12" 210 lb., sq ____ 6.31 Paper, building: Resin sized 20 lb., Vitrified clay products: Finishing, ton______- 31.50 roll-— ,— ____ ——------1.25 Sewer pipe No. 1 SS 3"-4", lin. ft- . 20 Wallhard, ton______20.50 Plaster: Roofing: Sewer pipe No. 1 SS 5"-6", lin. ft- . 32 Finishing (calcine), 100 1b. bag—— 1.25 Asphalt, roll mineral surface 90 lb., Sewer pipe No. 1 SS 8", lin. ft— .52 Finishing, ton______- 36. 50 . s q _.______;______- 2.93 Sewer pipe fittings, No. 1 SS: Wallhard, 100 lb. bag------.95 Strip shingles, 11 y3 ” hex. 167 lb., * Y’s, T’s, L’s, curves—3"-4", Wallhard, ton______-—— ------20.00 s q ______- 5.27 each ______.7 5 Roofing: Strip shingles, 12" 210 lb., sq— — 6.78 Y’s, T’s, L’s, curves—5"-6", Roll mineral surface 90 lb., sq------3.25 Siding: Roll brick, sq------4.16 each ------1 . 13 Strip shingles 11 y2 ” hex. 167 lb., sq- 5.01 Y’s, T ’s— 8", each______2.11 Strip shingles 12" 210 lb., sq------6.31 Schedule H—R oanoke Area L’s, curves—8", each______T_ 1 .7 3 Vitrified clay products: Sewer Pipe (a) Prices set out in section (c) below Traps, type PRS and HH 3"-4" No. L SS 5"-6", lin. ft...... — .34 shall, as provided by section 4 of this order, each ___1 —;______- 1.5 1 apply within the following area: Counties Traps, type PRS and HH 5"-6", Schedule K—B ristol Area of Alleghany, Bedford, Botetourt, Craig, each _____—______:______- 2.26 (a) Prices set out in section (c) below Franklin, Montgomery, Rockridge, and Ro Traps, type PRS and HH 8", shall, as provided by section 4 of this order, anoke, all towns and other places therein e a c h ______- 3.51 apply within the following area: \ FEDERAL REGISTER, T h u rsd a y, September 5, 1946 9775 Counties of Buchanan, Dickenson, Lee, ponement of further hearing on the ap creation of a board, or a joint or con Russell, Scott, Smyth, Washington, and Wise, plication of First Iowa Hydro-Electric current hearing, together with the rea and all towns and other places therein except Cooperative and the filing of engineering sons for such request. the city of Bristol. Any person desiring to be heard or to (b) As provided by section 4 of this order, reports relative thereto, as provided for prices set out in section (c) below shall be in the Commission’s order of August 6, make any protest with reference to the reduced as follows: 1946; It is ordered, That: application of New York State Natural The engineering reports and state Gas Corporation should file with the I t e m R e d u c t i o n Federal Power Commission, Washington Clay building brick, if installed Ç) ments provided in paragraph B of the or used by purchaser within order of August 6, 1946, may be filed by 25, D. C., not later that fifteen days from seller's normal trading area September 23, 1946; and.the hearing the date of publication of this notice in as it existed in March 1942. fixed by said order shall commence at 10 the F ederal R egister, a petition or pro Same, if installed or used out $5.50 per M. o’clock a. m. on Monday, September 30, test in accordance with the Commission’s side such trading area and 1946, in lieu of September 23, 1946, to be provisional rules of practice and regula seller does not deliver. held in the Grand Jury Room 322, U. S. tions under the Natural Gas Act. Same, if payment is received on $0. 50 per M. Post Office Building, Davenport, Iowa. or before 10th day of calen By the Commission. dar month following passage By the Commission. of title to purchaser. [ se a l ] J. H . G u trid e, . All other materials, if payment 2 percent. [ se a l ] J. H. G u t r id e , Acting Secretary. Acting Secretary. is received in cash or within [F. R. Doc. 46-15864; Filed, Sept. 4, 1946; 10 days. [F. R. Doc. 46-15809; Filed, Sept. 4, 1946; 12:02 p. m.] 1 All transportation costs incurred by or for 9:37 a. m.] purchaser. (c) Table of maximum prices: Item and unit of sale Maximum price [Docket No. G-770] FEDERAL TRADE COMMISSION. Asbestos: Siding, 12" x 24" white, [Docket No. 5460] square ______— $10.12 N e w Y ork S tate N atural G as Co r p. Brick, common, standard size: NOTICE OF APPLICATION P aul M . C ooter et al. All hard, M______26.50 A grade, M------28. 00 S eptem ber 3, 1946. In the Matter of Paul M. Cooter, indi Select, M------29.50 vidually and doing business under the Brick, face, standard, machine made: Notice is hereby given that on August A-2 grade, M______1------29. 50 22, 1946, an application was filed with firm names and styles of The Cooter A -l grade, M------31- 50 the Federal Power Commission by New Company, and Mart Sales Company; and AA grade, M------34. 50 York State Natural Gas Corporation Recorg Supply Corporation, a corpora Cement: (hereinafter referred to as “Applicant”) , tion, and its officers and directors, J. W. Portland plain gray, 94 lb. bag------. 83 a New York corporation with its prin Herscher, Wm. H. Tyler, Neil A. McKay, Portland plain gray, bbl------3.31 L. H. Joannes, Max A. Kuehn, H. L. Keenes, 100 lb. bag------•— 2.50 cipal place of business ip New York, New York, for a certificate of public con Miller, R. B. Wiltsee, Jas. A. Seowcroft. Flue lining: Complaint. The Federal Trade Com Fire clay 8y2" x 8%” , lin. ft------. 44 venience and necessity pursuant to sec Thimbles 6" dia., each------.65 tion 7 of the Natural Gas Act, as mission having reason to believe that the Insulation: amended to authorize the Applicant to parties respondent named in the caption Asphalt felt, 15 lb., roll 432 sq. ft__ 3.05 construct and operate a regulator and hereof and hereinafter more particularly Wool blanket 4", M sq. ft------70.00 metering station at Rossburg, New York, designated and described, since June 19, Lath: Rock M sq. ft------28.00 1936, have violated and are now violating Lime: and to sell natural gas to Fillmore Gas the provisions of sûbsection (c), section Finishing, 50 lb. bag------• 84 Company, Inc., for resale to ultimate 2 of the Clayton Act, as amended by the Finishing, ton------33. 60 consumers in eleven towns and one vil Robinson-Patman Act, approved June 19, Mortar: Brick, 70 lb. bag—...... • 71 lage in Livingston, Wyoming, and Alle Paper, building: Resin sized 20 lb. gany Counties, New York, as hereinafter 1936 (U. S. C. Title 15, Sec. 13), hereby r o ll______...... -- - - - 100 more particularly described. issues its complaint stating its charges P laster ** with respect thereto as follows: v Finishing (calcine), 1G0 lb. bag----- 2.00 From the application and the exhibits P aragraph Wallhard, 100 lb. bag------98 it appears that except for the aforesaid 1. * Respondent Paul M. Wallhard, ton—...... - ...... - ...... 19- 50 metering and regulating station which is Cooter is an individual doing business Roofing: to be located at the point of delivery at under the firm names and styles of The Roll mineral surface, 90 lb. square- 3.22 Rossburg, New York, that suitable con Cooter Company and Mart Sales Com Strip shingles, 12" 210 lb. square— 7.09 nections for delivery of natural gas from pany, with principal office and place of business located at 228 North LaSalle S e c . 9. Amendment. This order may Applicant to Fillmore Gas Company, be amended, or corrected or revoked, at Inc., presently exist between facilities Street, Chicago, Illinois, and branch of about to be acquired by Applicant and fice located at 16 California Street, San any time. Fillmore Gas Company, Inc., from Cabot Francisco, California. Sec. 10. Effective date. This order shall Gas Corporation. -It further appears Respondent Paul M. Cooter formerly become effective August 20,1946. that the rates to be charged Fillmore Gas did business both in his own name and Issued this 20th day of August 1946. Company, Inc. are governed by the con under the firm name and style of the tract submitted with the application and Cooter Brokerage Company, and preced J . F u l m e r B r i g h t , that Applicant proposes to commence ing that was the president, treasurer, District Director. the aforesaid delivery of natural gas co controlling shareholder and the general [F. R. Doc. 46-15291; Filed Aug. 28, 1946; incidentally with the completion of the manager of the Lakeshore Brokerage 1:24 p. m.] acquisition of the Cabot Gas Corporation Company, Inc., and successor Lakeshore facilities. Marketing & Merchandise Company, Inc., Applicant estimates the over-all total all with principal office and place of busi cost of construction of facilities described ness one time located at Room 904, Mer FEDERAL POWER COMMISSION. herein will be $3,000, which it proposes chandise Mart, Chicago, Illinois, and branch office located at 16 California [Project No. 1853] to finance with cash on hand. Any interested State commission is re Street, San Francisco, California. The F ir s t I o w a H y d r o -E lectric quested to notify the Federal Power Com Lakeshore Brokerage Company, Inc., in C ooperative mission whether the application should corporated July 11, 1936, and renamed be considered under the cooperative pro the Lakeshore Marketing & Merchandis ORDER POSTPONING HEARING visions of Part 67 of the provisional rules ing Company, Inc., November 13, 1936, A u g u st 30,1946. of practice and regulations under the was a corporation organized, existing Upon informal request filed August 28, Natural Gas Act, and, if so, to advise the and doing business under and by virtue 1946, by Governor Robert D. Blue of Federal Power Commission as to the na of the laws of the State of Illinois. Said Iowa and petition filed August 29, 1946, ture of its interest in the matter and corporation’s assets were sold and trans on behalf of the State of Iowa for post whether it desires a conference, the ferred January 8, 1938, to respondent 9776 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 Paul M. Cooter concurrently doing busi M. Cooter’s hereinafter described group, Inc. of America, Gilbert Grocery Com ness under the firm name and style of customer list. pany further appears as a member on the Cooter Brokerage Company and the Respondent Wm. H. Tyler is the vice- respondent Paul M. Cooter’s group cus aforesaid corporation was dissolved Feb president and a director of respondent tomer list. ruary 17, 1938. Recorg Supply Corporation. Respond Respondent Jas. A. Scowcroft is a di Respondent Paul M. Cooter, prior to ent Wm. H. Tyler is associated with rector of respondent Recorg Supply Cor doing business as hereinbefore set out, Tyler & Simpson Company, Gainesville," poration. Respondent Jas. A. Scowcroft was the assistant secretary, assistant Texas. Tyler & Simpson Compand was a is associated with John Scowcroft & Sons treasurer and general manager of re shareholder in Merchants Service Cor Co., Ogden, Utah. John Scrowcroft & spondent Recorg Supply Corporation, poration and is a shareholder in respond Sons Co. was a shareholder in Merchants the assistant secretary and assistant ent Recorg Supply Corporation. Tyler Service Corporation and is a shareholder treasurer of Volunteer Stores, Inc. of & Simpson Company further appears as a in respondent Recorg Supply Corpora America, and the assistant secretary, as member oh respondent Paul M. Cooter’s tion. John Scowcroft & Sons Co. fur sistant treasurer and general manager of group customer list. ther appears as a member on respondent Merchants Service Corporation. Respondent Neil A. McKay, the secre Paul M. Cooter’s group customer list. P ar. 2. Respondent Recorg Supply tary, treasurer and a director of respond P ar. 3. Merchants Service Corpora Corporation is a corporation organized, ent Recorg Supply Corporation, was for tion, amongst other activities, prior to its existing and doing business under and by merly the treasurer and a director of dissolution did business as a group buy virtue of the laws of the State of Dela Merchants Service Corporation. Re ing organization for its wholesale grocer ware with its principal office and place of spondent Neil A. McKay is also the treas shareholders, purchasing merchandise business located at 201 North Wells urer and a director of Volunteer Stores from selected sellers, either under or Street, Chicago, Illinois. Said corpora Inc. of America. Respondent Neil A. bearing the seller’s label or brand, or tion, one time located at Room 904, Mer McKay is associated with Bursley & Co., under or bearing so-called private or chandise Mart, Chicago, Illinois, amongst Inc., Ft. Wayne, Indiana. Bursley & Co., buyers’ labels or brands, which were con other activities, does business as a group Inc., was a shareholder in Merchants trolled and sponsored by Merchants buying organization for its wholesale Service Corporation and is a shareholder Service Corporation and its wholesale grocer shareholders. Respondent Re in both respondent Recorg Supply Cor grocer shareholders. Sellers accepted as corg Supply Corporation was organized poration and Volunteer Stores Inc., of sources of merchandise supply for Mer and is controlled by wholesale grocer America. Bursley & Co., Inc., further chants Service Corporation were selected shareholders formerly the controlling appears as a member on respondent Paul from seller lists furnished by the various shareholders of Merchants Service Cor M. Cooter’s group customer list. corporation shareholders to Merchants poration. Respondent L. H. Joannes, a director Service Corporation’s Concession Com Volunteer Stores, Inc., of America is a of respondent Recorg Supply Corpora mittee and operating manager, respond corporation organized, existing and doing tion, was the secretary and a director of ent Paul M. Cooter, as being sellers from business under and by virtue of the laws Merchants Service Corporation. Re whom brokerage or other monetary con of the State of Delaware with its princi spondent L. H. Joannes is also the secre cessions in lieu thereof could or should pal office and place of business located at tary and a director of Volunteer Stores be obtained by the corporation. Each 201 North Wells Street, Chicago, Illinois. Inc., of America Respondent L. H. wholesale grocer shareholder of Mer Said corporation, one time located at Joannes is associated with Joannes chants Service Corporation was required Room 904, Merchandise Mart, Chicago, Brothers Company, Green Bay, Wiscon to post a substantial guarantee fund with Illinois, was organized by Merchants sin. Joannes Brothers Company was a the corporation towards purchases made Service Corporation to license and pro shareholder in Merchants Service Cor on such shareholders’ behalf by the cor vide for Merchants Service Corporation poration and is a shareholder in both poration. Patronage dividends based sponsoring wholesale grocer shareholders respondent Recorg Supply Corporation upon the total commissions, brokerage, use, and controlled, private or buyers’ and Volunteer Stores Inc. of America. and other compensation, allowances, or label or brand “Volunteer” and the Vol Joannes Brothers Company further ap discounts in lieu thereof, collected from unteer Stores system of retail distribu pears as a member on respondent Paul sellers by said corporation, after deduc tion for merchandise so labeled or M. Cooter’s group customer list. tion of operating expenses, were declared branded. Respondent Max A. Kuehn is a direc and proportionally paid each corporate Merchants Service Corporation, one tor of respondent Recorg Supply Cor shareholder semi-annually in ratio to the time located at Room 904, Merchandise poration. Respondent Max A. Kuehn is amount of the commissions, brokerage, Mart, Chicago, Illinois, with branch office associated with Andrew Kuehn Com or other compensation, allowances or dis located at 16 California Street, San pany, Sioux Falls, South Dakota. An counts in lieu thereof, collected by the Francisco, California, was a corporation drew Kuehn Company was a shareholder corporation on purchases made for said organized, existing and doing business in Merchants Service Corporation and' is individual shareholder. under and by virtue of the laws of the a shareholder in respondent Recorg Merchants Service Corporation dis State of Delaware. Said corporation, Supply Corporation. Andrew Kuehn continued trading operations as of July now dissolved, amongst other activities, Company further appears as a member 17, 1936, accepted the resignation of re did business as a group buying organiza on respondent- Paul M. Cooter’s group spondent Paul M. Cooter as assistant sec tion for its wholesale grocer shareholders customer list. retary, assistant treasurer and general add in so doing received and accepted Respondent H. L. Miller is a director manager, and entered into arrangements commissions, brokerage, and other com of respondent Recorg Supply Corpora with the then recently organized Lake- pensation, allowances or discounts in lieu tion. Respondent H. L. Miller is asso shore Brokerage Company, Inc., where- thereof from sellers upon purchases from ciated with the New River Grocery Com under Lakeshore Brokerage Company, sellers for its said member shareholders. pany, Hinton, West Virginia. New River Grocery Company was a shareholder in Inc., purchased Merchants Service Cor Respondent J. W. Herscher, the presi poration’s office furniture, equipment, dent and a director of respondent Recorg Merchants Service Corporation and is a Supply Corporation, was formerly the shareholder in respondent Recorg Supply fixtures and supplies, assumed the office president and a director of Merchants Corporation. New River Grocery Com expenses, including salaries payroll and Service Corporation, Respondent J. W. pany further appears as a member on the rental obligations to Merchants Serv Herscher is also the president and a respondent Paul M. Cooter’s group cus ice Corporation’s leases to 904 Merchan director of Volunteer Stores Inc. of tomer list. dise Mart, Chicago, Illinois, and 16 Cali America. Respondent J. W. Herscher is Respondent R. B. Wiltsee is a director fornia Street, San Francisco, California, associated with the Hubbard Grocery of respondent Recorg Supply Corporation and furnished Merchants Service Cor Company, Charleston, West Virginia. and also is a director of Volunteer Stores poration’s wholesale grocer shareholders The Hubbard Grocery Company was a Inc. of America. Respondent R. B. Wilt the purchasing and other services for shareholder in Merchants Service' Cor see is associated with the Gilbert Grocery merly supplied by Merchants Service poration and is a shareholder in both re Company, Portsmouth, Ohio. Gilbert Corporation.- Merchants Service Cor spondent Recorg Supply Corporation and Grocery Company was a shareholder in poration further transferred its cor Volunteer Stores Inc. of America. The Merchants Service Corporation and is a porate records and outstanding broker Hubbard Grocery Company further ap shareholder in both respondent Recorg age accounts receivable for collection to pears as a member on respondent Paul Supply Corporation and Volunteer Stores respondent Recorg Supply Corporation FEDERAL REGISTER, T h u rsd a y, S ep tem b er 5, 1946 9777 and also assigned to said respondent the Volunteer movement in such allotted as rental for the exclusive privilege, fran Recorg Supply Corporation all the pri territory. In addition to those Mer chise and right hereinabove granted, payable chants Service Corporation wholesale in five (5) Installments of Five Hundred Dol vate or buyers’ labels or brands controlled lars ($500.00) each in advance upon the first and sponsored by Merchants Service grocer shareholders exclusively fran day of each and every year of said term, Corporation and its member share chised for allotted territories, said label at the principal office of Volunteer. In the holders. or brand was also made available to event that pursuant to the provisions of Para Pursuant to the arrangements afore- other groups of retail dealers sponsored graph 1 Cooter exercises his option to renew stated, Lakeshore Brokerage Company, by Merchants Service Corporation this lease and all of its terms and provisions, Inc. solicited the business of Merchants wholesale grocer shareholders where Cooter shall pay to Volunteer the sum of Five Service Corporation’s wholesale grocer such sponsored retail dealers displayed Thousand Dollars ($5000.00) as rental afore shareholders and further, through let on their store windows the legend “Af said payable in five (5) installments of One Thousand Dollars ($1000.00) each in advance ters addressed to Merchants Service Cor filiated with Volunteer Food Stores.” upon the first day of each and every year of poration sellers signed by respondent Merchants Service Corporation on said renewed term at the principal office of Paul M. Cooter as president, Lakeshore January 23,1938, by resolution moved to Volunteer. Brokerage Company, Inc. solicited and dispose of and on February 15,1938, sold 3. In the event of the death or total dis applied for said sellers’ accounts on a and transferred its controlling shares of ability of Cooter, this agreement, which is brokerage basis. Attached to or enclosed Volunteer Stores, Inc. ,of America as non-transferable and non-assignable by in said letters of application to sellers hereinbefore described. Prior to the said Cooter, shall automatically terminate. For were group lists whereon appeared the disposition, respondent Paul M. Cooter the purposes of this agreement, total dis names of the wholesale grocer share and Volunteer Stores Inc. of America on ability, is defined to mean the absence from holders of the dormant Merchants Serv January 22; 1938, entered into the follow or inability to work for a continuous period of six (6) months or more. ice Corporation stated to have, become ing agreement: 4. Cooter agrees to assume the duties and customers of Lakeshore Brokerage Com Memoradum of Agreement made and en obligations of Volunteer during the term pany, Inc. Such letters of application to tered into this 22nd day of January, A. D. of this agreement as imposed upon Volunteer sellers, together with attached or en 1938, by and between P aul M. Cooter, doing by a certain lease agreement between Volun closed group customer lists, revised as business under the firm name and style of teer and Volunteer Stores Inc. of Tennessee, required, have successively since and are Cooter Brokerage Company (hereinafter for executed contemporaneously herewith. now being used by respondent Paul M. convenience termed “Cooter”), party of the 5. Volunteer will cooperate with and assist first part; and Volunteer Stores Inc. of Amer Cooter whenever possible to obtain lease Cooter is doing business as herein and ica, a corporation duly organized and exist hereinafter described in paragraphs agreements with each and every sponsoring ing under the laws of the State of Delaware wholesaler, said lease agreements to author following. (hereinafter for convenience termed “Volun ize the extension of Cooter’s development Merchants Service Corporation, prior to teer”), party of the second part; activities to the respective territories here dissolution, the controlling shareholder Witnesseth: That: inbefore allocated to such Sponsoring Whole in Volunteer Stores, Inc. of America, Whereas, Volunteer represents and war rants that it -is the holder and owner of the salers, as aforesaid. further sold and transferred said shares exclusive and perpetual franchise and the 6. It is expressly understood apd agreed to the wholesale grocer shareholders of right to use the Volunteer Stores System of that each Wholesaler, whether a Sponsoring Merchants Service Corporation and such distribution, including Volunteer labels, Wholesaler or otherwise, through whom the others as were engaged in sponsoring the trade-marks, insignia, store sign designs and Volunteer Stores System of Distribution has Volunteer label or brand and the Volun any and all other incidents appurtenant developed, as aforesaid, shall be designated, teer Stores system of distribution. Mer thereto, in the following states of the United and accept such designation, as an agent of States of America: Arizona, Arkansas, Cali Volunteer for the distribution, sale and chants Service Corporation was dissolved fornia, Colorado, Connecticut, Delaware, marketing of all food products bearing such and final disposition of all assets and lia Idaho, Illinois, Indiana, Iowa, Kansas, Maine, labels, trade-marks, insignia and store sign bilities was made August 27, 1942. Maryland, Massachusetts, Michigan, Minne designs of Volunteer, as aforesaid. It is fur Par. 4. Volunteer Stores, Inc., of sota, Missouri, Montana, Nebraska, Nevada, ther expressly understood that the duties America was organized by Merchants New Hampshire, New Jersey, New Mexico, of said Wholesalers, as agents aforesaid, shall Service Corporation to lease from Volun New York, North Dakota, Ohio, Oklahoma, be to insure against the distribution of any teer Stores, Inc. of Tennessee the con Oregon, Pennsylvania, Rhode Island, South food products bearing said labels, trade Dakota, Texas, Utah, Vermont, Washington, marks and Insignia of a standard of quality trolled private or buyers’ label “Volun West Virginia, Wisconsin, Wyoming and Dis less than the minimum fixed by the Board teer” and the Volunteer Stores system of trict of Columbia; and of Directors of Volunteer. retail distribution for the use of Mer Whereas, Cooter desires to develop and pro In witness whereof, Cooter has hereunto chants Service Corporation wholesale mote the Volunteer Stores System of Distri set his hand and seal, and Volunteer has grocer shareholders. Volunteer Stores, bution, as aforesaid, and to foster and expand caused this instrument to be executed by its Inc. of Tennessee is a Tennessee corpora the same to national proportions; and duly authorized officers and its corporate seal tion controlled by King, Dobbs & Com Whereas, Volunteer has heretofore granted to be hereunto affixed, all on the day and certain exclusive franchises to wholesalers in year first above set forth. pany, Chattanooga, Tennessee. King, various territories (hereinafter sometimes P aul A. Cooter, Dobbs & Company was a shareholder in referred to as the “Sponsoring Wholesalers”) ; Doing Business Under the Firm Name r Merchants Service Corporation, is a Now, therefore, for and in consideration of and Style of Cooter Brokerage shareholder in respondent Recorg Sup the premises and the covenants hereinafter Company Volunteer Stores, Inc. of ply Corporation and Volunteer Stores, contained, the parties hereto do mutually America. agree as follows: B y...... Inc. of America, and also appears as a President. member on respondent Paul M. Cooter’s 1. Volunteer does hereby grant and lease to Cooter (except as the same may have hereto Following the aforesaid memorandum group customer list. Following the lease fore been granted to certain Sponsoring arrangement between Volunteer Stores, Wholesalers, as aforesaid) the exclusive privi of agreement between Volunteer Stores Inc. of America and Volunteer Stores, lege, franchise and right to use, develop and Inc. of America and respondent Paul M. Inc. of Tennessee, all merchandise to be foster the Volunteer Stores System of distri Cooter,' such shareholder dividends as distributed under the “Volunteer” label bution, as aforesaid, together with air labels, paid by Volunteer Stores Inc. of America or brand was to conform to a certain trade-marks, insignia, store-sign designs and were in lajrge part declared on lease grade and quality and bear a label as ap any and all other incidents appurtenant monies obtained from respondent Paul thereto, in each and any of the States herein M. Cooter as aforedescribed. proved and designated by the Board of above set forth for a term of five (5) years Directors of Volunteer Stores Inc. of from the date hereof: Provided, however, That Pursuant to the aforesaid lease ar America. All distributors operating un Cooter may, upon compliance with all of the rangement with Volunteer Stores Inc. of der the Volunteer franchise were re terms and provisions hereof, if he so elects, America, respondent Paul M. Cooter fur quired to stock a . specified number of renew this lease and all of its terms and provi ther entered into lease agreements with sions, for a like term, upon the giving of sixty various wholesalers, copy of typical lease items and it was further provided that (60) days’ prior notice in writing to Volun any Merchants Service Corporation teer. such notice shall be deemed sufficient agreement being as follows: member failing to actively sponsor and if deposited in the United States mail, post Memorandum of Agreement made and en promote the Volunteer Stores movement age prepaid, addressed to the last known tered into t h is ___ day o f ------1938, in the territory allotted would automat address of Volunteer or to Volunteer in the by and between P aul M. Cooter doing busi care of its duly appointed or acting agent for ness under the firm name and style of Cooter ically forfeit the franchise to any other the service of process in the State of Delaware. Brokerage Company (hereinafter for conven Merchants Service Corporation member 2. Cooter shall pay to Volunteer the sum ience termed “Cooter”), party of the first desiring to actively sponsor and promote of Twenty-Five Hundred Dollars ($2500.00) part, and «_____ . . . (hereinafter for con- No. 173----- 7 9778 FEDERAL REGISTER, Thursday, September 5, 1946 venience termed the “wholesaler”), party of sissippi, further entered into similar corg Supply Corporation and respondent the second part, memorandums of agreement with the Recorg Supply Corporation wholesale Witnesseth: That, said sponsoring wholesalers formerly grocer shareholders purchased from sell Whereas, Cooter, by agreement dated Janu ers, through or by means of respondent ary 22, 1938, made and entered into with holding lease agreements with Volunteer Volunteer Stores, Inc. of America (herein Stores Inc. of Tennessee prior to said Recorg Supply Corporation and respond after for convenience termed “Volunteer”), corporation’s lease arrangements with ent Paul M. Cooter, individually and do did become the holder, for a term o f (5) Volunteer Stores Inc. of America. The ing business as hereinbefore and herein years (with an option to renew said agree aforesaid leasing and sponsoring whole after described, merchandise both under ment for .a like -term) of the exclusive privi salers, including both former sharehold or bearing the seller’s labels or brands lege, franchise and right (except as the same ers and non-shareholders of Merchants and merchandise under or bearing the may have theretofore been granted to cer hereinbefore and hereinafter described tain sponsoring Wholesalers) to develop and Service Corporation, as hereinbefore de foster the Volunteer Stores System of distri scribed, comprise the controlling share controlled, private or buyers’ labels or bution, together with all labels, trade-marks, holders of Volunteer Stores, Inc. of brands. insignia, store sign designs, and any and all America, are shareholders in respondent Recorg Supply Corporation and re incidents appurtenant thereto, in the fol Recorg Supply Corporation, and also ap spondent Paul M. Cooter, on January 25, lowing states of the United States of America: pear as members on respondent Paul M. 1939, made and entered into the following Arizona, Arkansas, California, Colorado, Con Cooter’s group customer list. agreement: necticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachu Pursuant to all the foregoing lease ar Memorandum of Agreement made and setts, Michigan, Minnesota, Missouri, Mon rangement, respondent Paul M. Cooter entered into this 25 day of January, A. D. tana, Nebraska, Nevada, New Hampshire, New entered into advertising authorizations 1939, by and between Recorg Supply Cor Jersey, New Mexico, New York, North Dakota, with each of the leasing wholesalers poration, a Delaware corporation (herein Ohio, Oklahoma, Oregon, Pennsylvania, whereunder a substantial portion of the after for convenience termed “Recorg”), Rhode Island, South Dakota, Texas, Utah, commissions, brokerage or other compen party of the first part, and Paul M. Cooter, Vermont, Washington, West Virginia, Wis of the City of Chicago, County of Cook and sation, allowances or discounts in lieu State of Illinois, doing business under the consin, Wyoming, and District of Columbia; thereof received and accepted from and firm name and style of Cooter Brokerage Whereas, Cooter desires to develop and pro sellers by respondent Paul M. Cooter on Company (hereinafter for convenience mote the Volunteer Stores System of Distri such wholesaler’s purchases of Volunteer termed “Cooter”) , party of the second part; bution, as aforesaid, and to foster and expand brand merchandise was returned to each Witnesseth: That, the same to national proportions; and wholesaler in the form of payments by Whereas, Recorg represents and warrants Whereas, Wholesaler desires to participate respondent Paul M. Cooter for such that it is the owner and holder of certain in such program of development and pro trade-marks, insignia, brands, labels and de wholesaler’s advertising and promotional signs, more particularly described as "Moon motion, and to obtain the various advantages activities in connection with said mer thereof; Rose Brand,” “Micky Brand Dog Pood,” Now, therefore, for and in consideration of chandise. “Rixey Dog Pood,” “Nu Drain,” “Nu Bowl,” the premises and the covenants hereinafter P ar. 5. Respondent Recorg Supply “Nu doe,” “Washrite,” “Nu Crest Brand,” contained, and in the further consideration Corporation, organized and controlled by “Bel Dine Brand,” “Stratford Shaving Cream of the sum of One Dollar ($1.00) to Cooter wholesale grocer shareholders, formerly and Tooth Paste,” paid in hand by Wholesaler, receipt of which the controlling shareholders of Mer Whereas, Recorg and Cooter mutually de is hereby acknowledged, the parties hereto sire to promote and develop the distribution chants Service Corporation, amongst of the above named brands; do mutually agree as follows: other activities, does business as a group Now, therefore, for and in consideration 1. Wholesaler is hereby designated as the buying organization similar in style to exclusive distributor for Cooter in the fol of the premises and the covenants herein lowing described territory, to-wit: for the that hereinbefore described in para after contained, the parties hereto do mu goods, wares and merchandise bearing the graphs preceding for the said dissolved tually agree as follows: Volunteer Stores, Inc. of America labels, Merchants Service Corporation. Upon 1. Recorg does hereby grant and lease to trade-marks, insignia or other designs, until the discontinuance of trading operations Cooter the exclusive right and privilege to January 21, 1943, qr, in the event of the exer by Merchants Service Corporation as use, develop and promote the distribution cise by Cooter of his option to renew said hereinLefore described and the resigna of all products, goods, wares or merchandise agreements between Cooter and Volunteer, tion of respondent Paul M. Cooter on the subject of said trade-marks, insignia, as hereinabove set forth, until January 21, September 27, 1936, effective as of July brands, labels and designs or identified 1948. thereby, and further grants and leases to 2. Wholesaler does hereby agree to attempt 18, 1936, as assistant secretary, assistant Cooter the exclusive right and privilege to to increase the demand for and the use of the treasurer and general manager of re use, develop the use of and advertise said goods, wares and merchandise bearing the spondent Recorg Supply Corporation, re trade-marks, insignia, brands, labels and de Volunteer, Stores, Inc. of America labels, spondent Recorg Supply Corporation un signs, for a term of five (5) years from the trade-marks, insignia, or other designs in the der successive arrangements and for date hereof; Provided, however, that Cooter territory hereinabove described. — varying considerations since September inay, upon compliance with all of the terms 3. Cooter agrees that no goods, wares or 27,1936, employed the Lakeshore Broker and provisions of this agreement, if he so merchandise bearing said Volunteer Stores, elects, renew this agreement, and all of its age Company, Inc., Lakeshore Marketing terms and provisions, for a like term of five Ihc. of America labels, trade-marks, insignia & Merchandising Company, Inc. and re or designs, will be sold by or through Cooter, (5) years, upon the giving of sixty (60) days or with its consent for distribution or other spondent Paul M. Cooter, individually prior notice in writing to Recorg. Such no wise, in the territory of Wholesaler herein and doing business under the firm name tice shall be'deSmed to be sufficiently given if above described, to any person, partnership, and style of the Cooter Brokerage Com deposited in the United States registered pany, to supply brokerage, marketing, mail, postage prepaid, addressed to Recorg corporation or association other than Whole at its last known address or to Recorg in the saler. merchandising, advertising and other care of its duly appointed or acting agent 4. All goods, wares and merchandise sold services to respondent Recorg Supply for the service of process in the State by Wholesaler bearing said Volunteer Stores, Corporation and said respondent corpo o f ______Inc. of America labels, trade-marks, insignia rations wholesale grocer shareholders. 2. Cooter shall pay to Recorg the sum of or designs shall be purchased by Wholesaler Respondent Recorg Supply Corpora $5,000.00 as a rental for the exclusive right from or through Cooter, or with its consent and privilege hereinabove granted, payable and approval. tion following the acquisition of the pri In witness whereof, the parties'hereto have vate or buyers’ labels or brands previously in five (5) installments of $1,000.00 each in controlled and sponsored by Merchants advance upon the first day of each and every executed this agreement under seal, all on the year of said term, at the principal office of day and year first above set forth. Service Corporation and Merchants Recorg. In the event that pursuant to the Service Corporation shareholders, en P aul M. Cooter, provisions of Paragraph 1 Cooter exercises Doing Btisiness Under the Firm Name tered into lease arrangements with re his option to renew this agreement and all and Style of Cooter Brokerage spondent Recorg Supply Corporation of its terms and provisions, Cooter shall pay Company. wholesale grocer shareholders where to Recorg the sum of $7,500.00 as rental under each said shareholder was allotted aforesaid, payable in five (5) installments of Respondent Paul M.* Cooter upon pay specified territory for the exclusive dis $1,500.00 each in advance upon the first day ments of $3,400.00 and $1,125.00 on Janu tribution therein of the private or buyers’ of each and every year of said renewed term ary 28, 1933, and $1,000.00 on March 8, at the principal office of Recorg. labels or brands controlled and sponsored 3. In the event of the death or total dis 1938, respectively, to King, Dobbs & Com by respondent Recorg Supply Corpora ability of Cooter, this agreement shall auto pany, Chattanooga, Tennessee, Grenada tion and its said member shareholders. matically terminate. For the purposes of Grocery Company, Grenada, Mississippi, Pursuant to the said and hereinafter de this agreement, total disability is defined to and Evans Terry Company, Laurel, Mis scribed arrangements, respondent Re- mean the absence from, or inabUity to, work FEDERAL REGISTER, T h u rsd a y, September 5, 1946 9779 vertise said trade-marks,, insignia, brands, “Nu-Clene” leased October 25, 1939, by re for a continuous period of six (6) months spondent Recorg Supply Corporation, from or more. labels and designs, during the term of said 4. Recorg will cooperate with and assist agreement; its shareholder Bursley & Co., Inc., Ft. Wayne, Cooter wherever possible to obtain subordi Now, therefore, for and in consideration of Indiana, for the nominal sum of $1.00 and for nate lease agreements with each and all of the sum of One Dollar ($1.00) to Cooter by the same consideration leased December 9, its stockholders. The right and privilege Wholesaler paid in hand, receipt whereof is 1939, by respondent Recorg Supply Corpora which may be hereafter conferred by Cooter hereby acknowledged, and of the further con tion to respondent Paul M. Cooter. in restricted territories to sell and distribute sideration of the premises and the covenants “Nu-Lye” leased March 10, 1941, for the the goods, wares and merchandise bearing hereinafter contained, the parties hereto do nominal sum of $1.00 by respondent Recorg said trade-marks, insignia, brands, labels and mutually agi'ee as follows: Supply Corporation to respondent Paul M. designs shall be limited to, and restricted 1. Wholesaler is hereby designated as the Cooter. by Cooter to, stockholders of Recorg. sole and exclusive distributor for Cooter of “Meal Time” leased March 10, 1941, for the 5. Cooter agrees that all products, goods, the goods, wares and merchandise bearing nominal sum of $1.00 by respondent Recorg wares and merchandise sold bearing any of the several trade-marks, insignia, brands, Supply Corporation to respondent Paul M. said trade-marks, insignia,, brands, labels and labels and designs hereinabove set forth, for Cooter. designs shall conform to the following mini a period of ten (10) years from the date “Aunt Magda” leased December 15,1941, for mum standards of quality : hereof, in the following described territory. the nominal sum of $1.00 by respondent ar" Cooter agrees that no goods, wares or Recorg Supply Corporation to respondent Moon Rose Brand merchandise bearing such trade-marks, in Paul M. Cooter. Extra standard or better grades of canned signia, brands, labels and designs will be sold “Happy Host” leased October 13, 1942, for vegetables. by or through Cooter, or with his consent, the nominal sum of $1.00 by Preferred Foods, Choice or better grades of canned fruits, for distribution or otherwise, in the above Inc., to respondent Paul M. Cooter. with the exception of No. 2 RSP Cherries. described territory, to any person or corpora “Angel Food,” “E-Z-Kreem,” “Ful-E-Ripe,” No. 2 RSP Cherries water grade. tion other than Wholesaler. “Washwell,” “Lady Louise,” and 16 others All bulk dry items must be fancy grade. 3. Wholesaler agrees that all goods, wares leased March 1, 1942, for the nominal sum Coffee must be comparable in quality to the and merchandise sold by Wholesaler bearing of $1.00 by Selected Products, Inc. to respond three leading advertised brands of coffee. said trade-marks, insignia, brands, labels and ent Paul M. Cooter. Mr. T. G. Harrison, Presi designs shall be purchased by Wholesaler dent of Selected Products, Inc. is the Presi All other items no* hereinabove in this Para from or through Cooter, or with Cooter’s dent of Winston & Newell Company, Minne graph 5 expressly set forth but subject to the app- oval and consent, and further agrees to apolis, Minnesota, a member appearing on terms of this agreement shall conform to the purchase from or through Cooter, or with respondent Paul M. Cooter’s group customer standard of quality presently obtaining. his approval and consent, all such trade list. Respondent Paul M. Cooter’s lease with In witness whereof, Recorg has caused this marks, insignia, brands, labels and designs. Selected Products, Inc. required respondent’s instrument to be executed by its officers 4. Wholesaler agrees actively to promote payment for the advertising ancf promotion thereunto enabled and its corporate seal to the sale and distribution of the goods, wares of the merchandise thereunder. Respondent be hereunto affixed, and Cooter has hereunto and merchandise bearing said trade-marks, Paul M. Cooter on May 1, 1942, for the nomi* set his hand and seal, all on the day and year insignia, brands, labels and designs. nal sum of $1.00, under similar lease provi first above sét forth. 5. In the event that Wholesaler, its suc sions, as hereinbefore set out, franchised [seal] R ecorg Supply Corporation, cessors or assigns, disposes of its stock in Winston & Newell Company for exclusive By J. W. H erscher, Recorg Supply Corporation, adopts a pro distribution of said merchandise in specified President. gram of liquidation, ceases doing business states. or, upon its insolvency, there is appointed Paul M. Cooter, a receiver for, or there is filed a petition in Pursuant to all. of the foregoing lease Doing Business Under the Firm. Name bankruptcy, whether voluntary or involun arrangements, respondent Paul M. Cooter and Style of Cooter Brokerage tary, against Wholesaler, or in any of said entered into advertising authorizations Company. events, Cooter may terminate this agree with each of the leasing wholesalers, Attest: ment and all of his rights or duties here whereunder a substantial portion of the under upon the giving of five (5) days prior commissions, brokerage, or other com Maurice L. H orner, Jr., notice in writing to Wholesaler, its succes Secretary. pensation, allowances or discounts in lieu sors or assigns. Such notice of termination thereof, reecived and accepted from sell Following the memorandum of agree shall be deemed to be sufficiently given if deposited in the United States registered ers by respondent Paul M. Cooter on such ment hereinabove set out, respondent mail, postage prepaid, addressed to the last wholesalers purchases of the merchandise Paul M. Cooter entered into exclusive known address of Wholesaler, its successors named in said lease arrangements, was franchise agreements with respondent or assigns. returned to each wholesaler in the form Recorg Supply Corporation wholesale In witness whereof,, the parties hereto have of payments by respondent Paul M. grocer shareholders, a typical copy of caused this Instrument to be executed under Cooter for such wholesalers advertising said agreement being as follows: seal all on the day and year first above set and promotional activities in connection forth. Memorandum of agreement made and en P aul M. Cooter, with said merchandise. tered into th is ___ day o f ------A. D., 1939, Doing Business Under the Firm Name P ar. 6. Respondent Paul M. Cooter, in by and between Paul M. Cooter, of the City and Style of Cooter Brokerage dividually and doing business under the of Chicago, County of Cook and State of Company. firm names and styles of The Cooter Illinois, doing business under the firm name B y ...... Company and Mart Sales Company, owns and style of Cooter Brokerage Company (hereinafter for convenience termed Attest: or (fontrols the following private or buy “Cooter”). party of the first part, and ers’ labels or brands acquired as herein (hereinafter for convenience/ Secretary. set out: termed the “Wholesaler”), party of the sec Subsequent to and under similar lease By assignment dated March 13, 1944, re ond part; arrangements to the January 25, 1939, spondent Recorg Supply Corporation, for the Witnesseth: That, memorandum agreement with respond sum of $7,500, transferred to respondent Paul Whereas, Recorg Supply Corporation, a ent Recorg Supply Corporation, herein M. Cooter, doing business as The Cooter Com- corporation (hereinafter for conven pany, the trade marks ‘Moon Rose”, “Nu- ience termed “Recorg”) has represented and before set out, respondent Paul M. Cooter Crest”, “Bel-Dine”, “Nu-Cloz”, “Nu-Drain” warranted to Cooper that it is the owner additionally obtained from respondent and “Micky.” and holder of certain trademarks, insignia, Recorg Supply Corporation and others By assignment dated March 13, 1944, re brands, labels and designs, more particularly the following controlled, private or spondent Recorg Supply Corporation, for the described as “Moor. Rose Brand”, “Micky buyers’ labels or brands: nominal sum of $1.00, transferred to respond Brand Dog Food”, “Rixey Dog Food”, “Nu ent Paul M. Cooter, doing business as The Drain”, “Nu Bowl”, “Nu Cloz”, “Washrite”, “Jonquil” leased May 4, 1939, by respond ent Recorg Supply Corporation from its Cooter Company, the label “Moon Rose.” “Nu Chest Brand”, “Bel Dine Brand”, “Strat By Assignment dated March 13, 1944, re ford” Shaving Cream and Tooth Paste. shareholder Morey Mercantile Company, Denver, Colorado, for the sum of $5,000.00 spondent Recorg Supply Corporation, for the Whereas, Cooter, by agreement dated Janu nominal sum of $1.00, transferred to re ary 1939, made and entered into with and for the same consideration leased May 8, 1939, by respondent Recorg Supply Corpora spondent Paul M. Cooter, doing Jjusiness as Recorg, did become the holder, for a term of The Cooter Company, the trade marks “Meal five (5) years (with an option to renew said tion to respondent Paul M. Cooter. “Fleetwood” leased November 7, 1939, by time” and “Aunt Magda.” agreement for a like term) of the exclusive By assignment dated April 24, 1944, re right and privilege to use, develop and pro respondent Recofg Supply Corporation, from its shareholder King, Dobbs & Company, spondent Recorg Supply Corporation, for the mote the distribution of all products, goods, nominal sum of $1.00, transferred to respond wares or merchandise the subject of said Chattanooga, Tennessee, for the. nominal trade-marks, insignia, brands, labels and de sum of $1.00 and for the same consideration ent Paul M. Cooter, doing business as The signs or identified thereby, and further did leased November 25, 1939, by respondent Cooter Company, the trade mark “Nu-Cup.” become the holder of the exclusive right and Recorg Supply Corporation to respondent By assignment dated April 6, 1944, Selected privilege to use, develop the use of and ad Paul M. Cooter. Products, Inc., an Illinois corporation, for the 9780 FEDERAL REGISTER, Thursday, September.5, 1946 nominal stun of $1.00, transferred to re minimum volume of merchandise as set forth for all said labels or brands set by re spondent Paul M. Cooter, doifcg business as in Exhibit A, the Wholesaler shall, without spondent Paul M. Cooter at thè sum of Mart Sales Company, the trade mark “Angel any action to be taken by either the Whole $46,500.00. Pood.” saler or Cooter, forfeit his right to a con Pursuant to all the foregoing lease ar By assignment dated April 6, 1944, Selected tinuation of the exclusive license and right to rangements, respondent Paul M. Cooter Products, Inc., an Illinois corporation, for the use that particular brand on which the nominal sum of $1.00, transferred to respond minimum volume of purchases has not been entered into advertising authorizations ent Paul M. Cooter, doing business as Mart attained. - with or for each of the leasing whole Sales Company, the trade mark “E-Z Kreem," 2. The Wholesaler agrees that all goods, salers, whereunder a substantial portion By assignment dated April 6, 1944, Selected wares and merchandise sold by the Whole of the cpmmissions, brokerage, or-other Products Company, Inc., an Illinois corpo saler bearing said brands, insofar as said compensation, allowances or discounts in ration, for the sum of $1.00, transferred to products are listed on Exhibit A, shall be pur lieu thereof received and accepted from respondent Paul M. Cooter, doing business as chased by the Wholesaler through Cooter, sellers by respondent Paul M. Cooter on Mart Sales Company^ the trade mark “Ful-E- and not otherwise, except with Cooter’s ap proval and consent. such wholesalers’ purchases of the mer Ripe.” 3. Cooter agrees that so long as the Whole chandise named in said lease arrange By assignment dated April 6, 1944, Selected saler shall be entitled to the exclusive license ments, was returned to or expended for Products Company, Inc., an Illinois corpo and right to the use of the brands and shall ration, for the nominal sum of $1.00, trans each wholesaler in the form of payments ferred to respondent Paul M. Cooter,’doing not be in default hereunder, he will not cause by respondent Paul M. Cooter for adver any goods, wares, or merchandise bearing such tising and promotional activities by or for business as Mart Sales Company, the trade brands to be sold by or through Cooter, or mark “Lady Louise” subject to the agree with his consent, to any distributor in the such wholesaler in connection with said ment dated December 21,1942, between Proc above described territory, other than to the merchandise. ter & Gamble Distributing Company and the Wholesaler. Respondent Paul M. Cooter, doing bus said Selected Products Company, Inc. 4. While Cooter represents that to his best iness as hereinbefore described, under the By assignment dated April 6, 1944, Selected knowledge and belief, full and complete own firm name and style of The Cooter Com Products Company, Inc., an Illinois corpo ership of the trademark and copyright régis ration, for the nominal sum of $1.00, trans pany, presently operates what respondent trations underlying the brands was vested in terms “The Cooter Plan”, and in so doing ferred to respondent Paul M. Cooter, doing Recorg Supply Corporation at the time of the business as Mart Sales Company, the trade transfer of such brands to Cooter, Cooter does business, distributes illustrated advertis mark ‘Wash Well” subject to the agreement not, by this agreement, guarantee or warrant ing brochures, which, among other dated Decómber 21, 1942, between Procter & his title to such brands, and agrees to defend things, state as follows: Gamble Distributing Company and the said the use of such brands by the Wholesaler only The Cooter Brokerage plan is a nation Selected Products Company, Inc. Relin to the extent of any acts or doings by Cooter wide service for wholesale food distributors. quishment of the ownership of the trade that would affect his ownership of the trade It includes: rùarks “Lady Louise" and “Wash Weir* was mark or copyright registration. 1. Brokerage service. not made by the Procter & Gamble Distrib 5. Upon the execution hereof, this contract 2. Market, information. uting Company. shall supersede and cancel license contract 3. Advertising counsel. • By assignment dated February 11 and dated______day of------19------, 4. Merchandising assistance. February 17, 1944, John N. Adler, Chicago, between Wholesaler and Paul M. Cooter, do 5. Controlled brands. piinois, and Grocers Service Corporation, ing business as Cooter Brokerage Company, 1. Brokerage Service: Chicago, Illinois, for the nominal sums of and also cancels and supersedes license agree Offices in Chicago and San Francisco. $1.00, transferred to respondent Paul M. ment dated_____ day of------19-^—, Coast to coast coverage offers advantage? to Cooter the label and trade-mark “HAPPY entered into between Wholesaler and Recorg manufacturers and wholesalers obtainable in HOST." Supply Corporation, and such contracts and no other way. Following the assignments hereinabove agreements are hereby terminated. Cooter customers have combined staff of set out, respondent Paul M, Cooter en 6. This agreement shall be binding upon over 900 salesmen serving more thah 85,000 tered into further agreements with the Wholesaler, its successors and assigns, retail outlets. • respondent Recorg Supply Corporation and likewise binding upon Cooter, his heirs To the manufacturer it means: Low selling and representatives. cost. Wider market for his goods. Estab wholesale grocer shareholders, a typical In witness whereof, the parties hereto have lished outlet for disposal of substantial quan copy of said agreements being as follows: caused this instrument to be executed on tities of merchandise without danger of Agreement the day and year first above set forth. market demoralization. This Agreement, made and entered into To the wholesaler it means: Wider selec [corporate P aul M. Cooter, tion of offerings and products. Time saved in th is _____ day o f ______1944, by and seal ] Doing Business Under the Firm Name between P aul M. Cooter, of Chicago, Illinois, and Style of The Cooter Company. executing purchases Assurance of trading doing busines undei; the firm name and style with reliable packers and manufacturers. of “THE COOTER COMPANY” (hereinafter Details of purchases made through Coôter not called “Cooter”) , an d ------— By revealed to competitors. Cobter’s office is as (hereinafter called the “Wholesaler”), President. close as the phone on your desk. Orders may Witnesseth: That Attest: be phoned or wired in at Cooters expense. Whereas, Cooter, by an agreement made 2 . Market information: and entered into with Recorg Supply Cor Secretary. Up-to-the minute reports on three funda poration, a Delaware corporation, on the 13th No te: This contract null and void unless mentals are necessary to Insure a profitable day of March, 1944, purchased from said Com one copy is signed by Wholesaler and returned pricing and supply program: pany all of its right, title and interest in and to Cooter within 20 days from date hereof. 1. Crop conditions. to certain trade-marks and brands, more 2. Price structure. fully set forth in Exhibit A attached hereto The'hereinabove referred to Exhibit A 3. Available supply. and made a part hereof (hereinafter referred attached to and made a part of the afore- Cooter gives its Customers all three of these to as “brands”); and described lease agreements varied with completely and quickly through Whereas, the Wholesaler desires to secure each leasing wholesaler depending upon W eekly Market Letter containing latest from Cooter an exclusive license and right to the number of brands sponsored by said summary of market conditions secured pri use said brands in the hereinafter designated marily by wire and phone states of the United States; wholesaler and the minimum acceptable Daily P ostings announcing new items, Now, therefore, in consideration of the volume purchase requirements set by re price changes, and data on available quanti sum of One Dollar ($1.00) to Cooter by the spondent Paul M. Cooter for each brand ties. Cooter’s nationwide coverage gives it Wholesaler in hand paid, receipt of which is ranging from $250.00 to $25,000.00 an unequalled opportunity for a correct weigh hereby acknowledged, and in further con nually. ing- of all the factors affecting market con sideration of the mutual covenants and Respondent Paul M. Cooter under date ditions. Their long experience in markets agreements of the parties hereto, it is agreed : of May 6, 1944, also entered into further from coast to coast enables them to interpret 1. Cooter does hereby give and grant to the local situations and allow for any peculiari Wholesaler an exclusive license and right to lease agreements with the hereinbefore ties in a particular market. Such informa use the brands in the sale of merchandise in described Winston & Newell Company, tion is most valuable to both buyer.- and the territory described as: for such period, Minneapolis, Minnesota, whereunder for seller. and only so long as the Wholesaler during the nominal sums of $1.00 said company 3. Advertising counsel: each twelve-months period, beginning with was allotted certain territories for the Long recognizing the principle that suc the first day of the month next succeeding exclusive distribution of merchandise cessful retail operation is of vital interest the date of this contract; purchases a mini to both the manufacturer and wholesaler. under or bearing the “Happy Host”, The Cooter Plan is designed to follow the mum volume of merchandise under said “Angel Food”, "Ful-E-Ripe”, “E-Z- brands, in the amounts as enumerated op merchandise through from the manufacturer posite each brand ón Exhibit A. In the event Kreem”, “Washwell” and “Lady Louise” to the consumer. that the Wholesaler in any such twelve- labels or brands with total minimum The program developed to efficiently per month period 6hall fail to purchase the annual volume purchase requirements form this function includes the following H FEDERAL REGISTER, Thursday, September 5, 1946 9781 features: Retailer store posters.' Mat service other things, ask to offer the sellers mer spondent’s own account. Respondent to give added effectiveness to newspaper ad chandise on a brokerage basis to re Paul M. Cooter doing business as here vertising. Cooperative assistance in the spondent Paul M. Cooter’s select group inbefore described, until his resignation preparation of handbills, radio copy, news of wholesaler grocer customers located in and the disposal of his interests. July 3, paper ads and general programs. The above various states throughout the United 1940, was also a shareholder, director and services are available at nominal costs. the president of Ridenour Baker Mer 4. T h e G rocer’s Digest: States as appearing on respondent’s said A Cooter publication, is primarily a retail attached or enclosed list. The seller is cantile Company, Oklahoma City, Okla er’s magazine. advised that respondent’s said customers homa, which said wholesale grocer con Mailed each month to more than 10,000 are contacted daily by mail, telephone or cern was a shareholder in Merchants retail customers of wholesalers operating un wire communication and also through Service Corporation, respondent Recorg der The Cooter Plan. means ôf periodic visits by respondent’s Supply Corporation, and also a customer It is a medium to aid manufacturers in of said respondent Paul M. Cooter. acquainting retailers with their wares. visiting representatives and by general Each month the experiences of successful customer meetings. The seller is also Par. 8. Respondent Paul M. Cooter, food operators are reported in its pages. assured that respondent is confident that doing business as hereinbefore set out, on Great care is exercised in preparing^ and use of the respondent’s organization will said individual respondent’s own account editing each article to make it concise— greatly aid the distribution of the seller’s and on merchandise purchase orders useful—complete. All departments of the products. The seller is further informed originated by respondent for or received food industry are covered. Special emphasis of respondent’s controlled, private or from respondent’s wholesale grocer cus is given to store modernization and low cost buyers’ labels or brands and is requested tomers located throughout the various operations. Cooter is constantly on the alert for plans to inform the respondent as to whether states of the United States, has trans and ideas to profitably increase the distri the seller is willing to sell its merchan mitted or caus*ed to be transmitted to bution and consumption of grocery products. dise under or bearing respondent’s said sellers located in states other than and 5. Controlled Brands: labels or brands, and, if so, what label including the state or states of respond Said advertising brochures set out the allowance the seller will accord the re ent and respondent’s said customers’ lo following Cooter Brands: E-Z Kreem (Short spondent where respondent’s said labels cations, purchase orders pursuant to ening), Nu-Bowl (Bowl Cleaner), Aunt or brands are substituted for those of the which said sellers have sold and shipped Magda ' (Shortening), Nu-Drain (Drain seller by the seller on the seller’s said and transported, or caused to be shipped Opener), Meal Time (Com Starch), Nu- Cloz (Bleach), Bel-Dine (All Items), Nu- merchandise. and transported, merchandise from the Cup (Coffee), Moon Rose (All Items), Nu- Respondent Paul M. Cooter, in doing state or states wherein located, into and Lye (Lye), Nu-Crest (All Items), Micky business as hereinbefore described, upon through the various states of the United (Dog Pood), Jonquil (Canned Fruits and the request of respondent’s wholesale States, to the purchasers thereof in the Vegetables), Washrite '(Soap), Happy Host grocer customer, and otherwise, contacts state or states of respective location. (All Food Items Except Coffee, Tea and sellers named by said customers an ing the course of employment by re officers and directors, doing business as Contemporaneously with the filing of such spondent Recorg Supply Corporation and hereinbefore set out, of the above de answer the respondent may give notice -in otherwise, in the receipt and acceptance scribed commissions, brokerage or other writing that he desires to be heard on the 'from sellers directly, and through and by question as to whether the admitted facts compensation, allowances or discounts constitute the violation of law charged in means of respondent Recorg Supply Cor in lieu thereof from sellers in the trans the complaint. Pursuant to such notice, the poration indirectly, of commissions, actions and in the manner and under the respondent may file a brief, directed solely to brokerage, or other compensation, allow circumstances hereinbefore set forth, is that question, in accordance with Rule XXIV. ances or discounts in lieu thereof, on puf-_ in violation of subsection (c) of section chases from sellers by respondent Paul 2 of the Clayton Act as amended by the In witness whereof, the Federal Trade M. Cooter, the fo/mer wholesale grocer Robinson-Patman Act (U. S. C. Title 15, Commission has caused this, its com shareholders of tne since dissolved Mer sec. 13), approved June 19, 1936. plaint, to be signed by its Secretary, and chants Service Corporation respondent Wherefore, the premises considered, its official seal to be hereto affixed, at Recorg Supply Corporation and said re the Federal Trade Commission, on this Washington, D. C., this 28th day of spondent corporation’s wholesale grocer 28th day of August A. D. 1946, issues its August, A. D. 1946. shareholders, the wholesale grocer share complaint against said respondents Paul By the Commission. holders of Volunteer Stores Inc. of Amer M. Cooter, Recorg Supply Corporation ica, and the wholesale grocer customers and the named officers and directors of [seal] Otis B. Johnson, of respondent Paul M. Cooter, of mer Recorg Supply Corporation. Secretary. chandise in the manner and under the Notice. Notice is hereby given you, [F. R. Doc. 46-15745; Filed, Sept. 3, 1946; circumstance hereinbefore set forth and Paul M. Cooter, individually and doing 11:07 a. m.] described, acted in süch transactions business under the firm names and styles other than as an agent, representative or of The Cooter Company, and Mart Sales intermediary therein, acting in fact for Company; and the Recorg Supply Cor or in behalf, or subject to the direct or poration, a corporation and its officers indirect control of the seller of said mer and directors: J. W. Herscher, Wm. H. INTERSTATE COMMERCE COMMIS chandise. Tyler, Neil A. McKay, L. H. Joannes, SION. . Said respondent Paul M. Cooter, in Max A. Kuehn, H. L. Miller, R. B. Wiltsee, [S. O. 591] such transactions, acted in fact for and and Jas. A. Scowcroft, respondents here in, that the 4th day of October A. D. Unloading op B askets at Brownsville, in behalf of respondent Paul M. Cooter, Tex. the former wholesale grocer shareholders 1946, at 2 o’clock in the afternoon is here of the since dissolved Merchants Service by fixed as the time, and the offices of At a session of the Interstate Com Corporation, respondent Recorg Supply; the Federal Trade Commission in the merce Commission, Division 3, held at Corporation and said respondent cor City of Washington, D. C., as the place, its office in Washington, D. C., on the 3rd poration’s wholesale grocer shareholders, when and where a hearing will be had on day of September A. D. 1946. the wholesale grocer shareholders of Vol the charges set forth in this complaint, It appearing, that car Milwaukee unteer Stores Inc. of America, and the at which time and place you will have 19149, containing baskets, at Browns wholesale grocer customers of respondent the right, under said act, to appear and ville, Texas, on the St. Louis, Browns Paul M. Cooter, and no services were ren show cause why an order should not be ville and Mexico Railway Company dered to the seller by the said respondent entered by said Commission requiring (Guy A. Thompson, Trustee), has been Paul M. Cooter in connection with the you to cease and desist from the viola on hand for an unreasonable length of sale of the said mêrchandise. tions erf the law charged in the com time and that the delay in unloading •Respondent Recorg Supply Corpora plaint. said car is impeding its use; in the opin tion and its officers and directors doing You are notified and required, on or ion of the Commission an emergency business as hereinbefore set out, during before the twentieth day after service exists requiring immediate action. It is the course of employment of respondent upon you of this complaint, to file with ordered, that: Paul M. Cooter as hereinbefore described the Commission an answer to the com Baskets at Brownsville, Texas, be un and otherwise, in the receipt and accept plaint. If answer is filed and if your ap loaded. (a) The Ct. Louis, Brownsville ance from sellers of commissions, brok pearance at the place and on the date and Mexico Railway Company (Guy A. erage, or other compensation, allowances above stated be not required, due notice Thompson, Trustee), its agents or em or discounts in lieu thereof, on purchases - to that effect will be given you. The rules ployees; shall unload immediately car from sellers by respondent Recorg Sup of practice adopted by the Commission Milwaukee 19149, containing baskets, ply Corporation, respondent Recorg Sup with respect to answers or failure to ap now on hand at Brownsville, Texas, con ply Corporation wholesale grocer share pear or answer (Rule VIII) provide as signed C. R. Springmah, broker. holders, respondent Paul M. Cooter and follows: \ (b) Notice and expiration. Said car the wholesale grocer customers of re In case of desire to contest the proceeding rier shall notify V. C. Clinger, Director, spondent Paul M. Cooter, of merchandise the respondent shall, within twenty (20) Bureau of Service, Interstate Commerce in the ^manner and under the circum days from the service of the complaint, file Commission, Washington, D. C., when it stances hereinbefore set forth and de with the Commission an answer to the com has completed the unloading required scribed, actjgd in such transactions other plaint. Such answer shall contain a con by paragraph (a) hereof, and such notice cise statement of the facts which constitute shall specify when, where, and by whom than as an agent, representative or in the ground of defense. Respondent shall spe termediary therein, acting in fact for cifically admit or deny or explain each of the such unloading was performed. Upon or in behalf, or subject to the direct or facts alleged in thè complaint, unless re receipt of that notice this order shall indirect control of the seller of said spondent is without knowledge, in which case expire. (40 Stat. 101, sec. 402; 41 Stat. merchandise. „ , respondent shall so state. 476, sec. 4; 54 Stat. 901, 911; 49 U. S. C. Said respondent Recorg Supply Cor ***** 1 (10)-(17), 15 (2)) poration and its officers and directors, in Failure of the respondent to file answer It is further ordered, that this order such transactions, acting in fact for and within the time above provided and failure shall become effective immediately; that in behalf of respondent Recorg Supply to appear at the time and place fixed for a copy of this order and direction be hearing shall be deemed to authorize the Corporation and its officers and direc Commission, without further notice to re served upon the St. Louis, Brownsville tors. respondent Recorg Supply Corpo spondent, to proceed in regular course on and Mexico Railway Company (Guy A. ration wholesale grocer shareholders, re the charges set forth in the complaint. Thompson, Trustee), and upon the As spondent Paul M. Cooter and the whole If respondent desires to waive hfearing on sociation of American Railroads, Car , sale grocer customers of respondent Paul the allegations of fact set forth in the com Service Division, as Agent of the rail M. Cooter, and no services were rendered plaint and riot to contest the facts, the answer roads subscribing to the car service and to the seller by the said respondent Re may consist of a statement that respondent • per diem agreement under the terms of admits all the material allegations of fact that agreement; and that notice of this corg Supply Corporation and its officers charged in the complaint to be true. Re and directors in connection with the sale spondent by such answer shall be deemed to order be given to the general public by of the said merchandise. have waived a hearing on the allegations depositing a copy in the office of the of fact set forth in said complaint and to Secretary of the Commission, at Wash Par. 10. The receipt and acceptance by have authorized the Commission, without ington, D. C., and by filing it with the respondent Paul M. Cooter and respond further evidence, or other Intervening pro Director, Division of the Federal Regis ent Recorg Supply Corporation and its cedure, to find such facts to be true. ter, FEDERAL REGISTER, Thursday, September 5, 1946 9783 By the Commission, Division 3. office in the City of Philadelphia, Pa., on office in the City of Philadelphia, Pa., the 30th day of August A. D. 1946. on the 30th day of August 1946. [seal] W. P. B artel, Notice is hereby given that a declara General Public Utilities Corporation, Secretary. tion or application (or both) has been a registered holding company, having [P. R. Doc. 46-15860; Filed, Sept. 4, 1946; filed with this Commission pursuant to filed a declaration, as amended, pur 11:32 a. m.] the Public Utility Holding Company Act suant to sections 6 (a), 7, and 12 (c) of of 1935 by The Commonwealth & South the Public Utility Holding Company Act [S.O. 592] ern Corporation (“Commonwealth”), a of 1935 (“act”) with respect to its issu registered holding company. ance and sale of unsecured promissory U nloading of Lumber at Oshkosh, Wis. Notice is further given that any inter notes in an aggregate principal amount At a session of the Interstate Com ested person may, not later than Septem not to exceed $6,250,000, and the redemp merce Commission, Division 3, held at ber 12,1946 at 5:30 p. m., e. d. s. t., request tion, from the proceeds of such notes, its office in Washington, D. C., on the 3rd the Commission in writing that a hearing plus treasury cash, of its outstanding day of September A. D. 1946. be held on such matter, stating the rea 41/4% convertible debentures due Janu It appearing, that numerous cars, con sons for such request and the nature of ary 1, 1956 (“convertible debentures”) ; taining lumber, sash and doors, at Osh his interest, or may request that he be and kosh, Wisconsin, on the Chicago and notified if the Commission should order a Declarant having requested that the North Western Railway Company, have hearing thereon. At any time thereafter, Commission enter an order determining been on hand for an unreasonable length said declaration or application, as filed and reciting that the utilization by dec of time and that the delay in unloading or as »mended, may be permitted to be larant of treasury funds in an amount said cars is impeding their use; in the come effective or may be granted as pro up to $2,000,000 for the redemption of opinion of the Commission an emer vided in Rule U-23 of the rules and regu its convertible debentures is necessary or gency exists requiring immediate action. lations promulgated pursuant to said act, appropriate to effectuate the provisions It is ordered, that: or the Commission may exempt such of section 11 (b) of the act and the sim Lumber at Oshkosh, Wisconsin, be un transactions as provided in Rules U-20 plification of declarant’s holding com loaded. (a) The Chicago and North (a) and U-100 thereof. Any such re pany system; and Western Railway Company, its agents or quest should be addressed: Secretary, A public hearing having been held after employees, shall unload immediately the Securities and Exchange Commission, appropriate notice, and the Commission following cars on hand at Oshkosh, Wis 18th and Locust'Streets, Philadelphia 3, having heard the declarant orally and consin, consigned Poster Lothman Com Pennsylvania. received a memorandum in support of pany: All interested persons are referred to its position; and Initial and No.: Contents said declaration or application, which The Commission having considered the PM 83288______Lumber. is on file in the office of the Commission, record and having entered its findings PRR 122879______Do. for a statement of the transaction and opinion herein, and deeming it ap NKP 7404______- Sash and doors. therein proposed which is summarized propriate in the public interest and the B&M 72725...... Lumber. below: interest of investors and consumers to GN 51231______Do. Commonwealth proposes, subject to permit the declaration, as amended, to (b) Notice and expiration. Said car the approval of the Commission, to pay become effective, subject to certain con rier shall notify V. C. Clinger, Director, a dividend of $3.00 per share, an aggre ditions: Bureau of Service, Interstate Commerce gate of $4,446,000 on the outstanding It is hereby ordered, That, pursuant to Commission, Washington, D. C., when it shares of its preferred stock. The divi the applicable provisions of said act, in has completed the unloading required by dend was declared on August 27, 1946 cluding sections 6 (a), 7, and 12 (c) paragraph (a) hereof, and such notice and is payable on the 28th day after the thereof, the aforesaid declaration, as shall specify when, where, and by whom date of the order of this Commission amended, be, and hereby is, permitted to such unloading was performed. Upon permitting the payment of such dividend become effective forthwith, subject to the receipt of that notice this order shall ex to stockholders of record at the close terms and conditions prescribed in Rule pire. (40 Stat. 101, sec. 402; 41 Stat. 476, of business on the 14th day after the U-24 of the general rules and regulations sec. 4; 54 Stat. 901, 911; 40 U. S. C. 1 date of such order. The Commission under the act, and subject to the further (10)-(17), 15 (2)) action requested in the pending appli condition that the redemption by General It is further ordered, that this order cation is similar in substance to the Public Utilities Corporation of its con shall become effective immediately; that Commission action requested in three vertible debentures be effected in such a a copy of this order and direction be applications approved by the Commis manner as to preserve for the holders served upon the Chicago ahd North sion in 1943, four applications approved of the Eight Year 8% Gold Bonds due Western Railway Company, and upon the in 1944, four applications approved in 1940 of Associated Gas and Electric Cor Association of American Railroads, Car 1945 and two approved in 1946, covering poration not exchanged for convertible Service Division, as agent of the rail proposed distributions to preferred debentures upon the close of business of roads subscribing to the car service and stockholders (see Holding Company Act the day upon which the conversion privi per diem agreement under the terms of Releases Nos. 4383, June 24, 1943; #60, lege terminates, the amount (less any ex that agreement; and that notice of this September 13, 1943; 4709, November 26, penses incurred in satisfying this condi order be given to the general public by 1943; 4933, March 8, 1944; 5084, Juqe 3, tion) which they might have realized on depositing a copy in the office of the Sec 1944; 5268, September 5, 1944; 5508, De said day by virtue of the conversion right retary of the Commission, at Washing cember 21, 1944; 5659, March 12, 1945; to which they would have been entitled ton, D. C., and by filing it with the Di 5833, May 30, 1945; 6055, September 17, as holders of convertible debentures, or rector, Division of the Federal Register. 1945; 6253, November 29, 1945; 6476, otherwise to assure to such holders of the March 14, 1946 and 6680, June 6, 1946). Eight Year 8% Gold Bonds due 1940 of By the Commission, Division 3. Applicant considers sections 11 and Associated Gas and Electric Corporation [seal] W. P. B artel, 12 (c) of the act and Rule U-46 as ap the benefits of said conversion rights; Secretary. plicable to the proposed transactions. jurisdiction being reserved to entertain an appropriate amendment. [P. R. Doc. 46-15861; Filed, Sept. 4, 1946; By the Commission. It is further ordered, That the distribu 11:32 a. m.] [SEAL] ORVAL L. DUBOIS, tion by declarant of treasury funds in an Secretary, amount up to $2,000,000 for the redemp tion of its convertible debentures is neces [P. R. Doc. 46-15810; Piled, Sept. 4, 1946; sary or appropriate to effectuate the pro SECURITIES AND EXCHANGE COM 9:37 a. m.] visions of section 11 (b) of the act and MISSION. the simplification of its holding company [Pile No. 70-1290] [Pile Nos. 54-75 and 70-726] system. General P ublic U tilities Corp. By'the Commission. Commonwealth & Southern Corp. (Del.) ORDER PERMITTING DECLARATION TO BECOME [seal] Orval L. DuBois, NOTICE REGARDING FILING EFFECTIVE Secretary. At a regular session of the Securities At a regular session of the Securities [F. R. Doc. 46-15811; Piled, Sept. 4, 1946* and Exchange Commission held at its and Exchange Commission, held at its 9:37 a. m.] 9784 FEDERAL REGISTER, T h u rsd a y, S ep tem b er 5,1 9 4 6 {File No. 70-13551 office in the City of Philadelphia, Penn 100.25%; and (b) the payment of a 6% First Mortgage Income Note due 1944 Central N ew Y ork P ower Corp. and sylvania, on the 30th day of August A. D. 1946. of Alabama Natural outstanding in the H ammond Light and P ower Co. In the matter of Southern Natural Gas principal amount of $350,000, now owned NOTICE REGARDING TILING Company, Alabama Gas Company, Ala by Southern. The balance, after pay At a regular session of the Securities bama Natural Gas Corporation and ment of expenses, of approximately and Exchange Commission, held at its Huntsville Gas Company; File No. 70- $538,000 will be used for financing its office in the City of Philadelphia, Penn 1357. operations as a public utility company, sylvania, on the 30th day of Auguist 1946. Notice is hereby given that applications including construction of additions and Notice is hereby given that a joint or declarations (or both) have been filed purchases of gas appliances "Tor sale to application-declaration has been filed with this Commission, pursuant to the its customers. with this Commission, pursuant to the Public Utility Holding Gompany Act of Southern proposes to use all or the Public Utility Holding Company Act of 1935, by Southern Natural Gas Company major portion of the amount paid to it 1935 by Central New York Power Cor (“Southern”) , a registered holding com by Alabama Gas for the purchase of poration {“Central”), a subsidiary of pany and a subsidiary of Federal Water additional common stock of Birmingham Niagara Hudson Power Corporation, iii and Gas Corporation, also a registered Gas Company in accordance with an turn a subsidiary of The United Corpo holding company, and its subsidiaries, application to be filed with the Com ration, a registered holding company, Alabama Gas Company (“Alabama mission. and Hammond Light and Power Com Gas”), Alabama Natural Gas Corpora Sections 6 (b), 7, 9 (a), 10, 12 (c), 12 pany (‘Hammond”), a public-utility tion (“Alabama Natural”), and Hunts (d) and 12 (f ) of the Act and Rules U-42, subsidiary of Central. ville Gas Company (“Huntsville”). U-43, U-45 and U-50 promulgated there Notice is further given that any in All Interested persons are referred to under have been designated as bring terested person may, not later than Sep the af oresaid applications or declarations applicable to the proposed transactions. tember 18, 1946, at 5:30 p. m., e. d. s. t.f (or both), on file with the office of this The filing further states that the acqui request the Commission in writing that Commission, for a statement of the sition by Alabama Gas, the surviving a hearing be held on such’matter, stat transactions therein proposed, which corporation, of the utility assets of the ing the reasons for such request and may be summarized as follows: constituent companies is subject to the the nature of his interest or may re It is proposed to merge Alabama Natu jurisdiction of the Alabama Public Serv quest that he be notified if the Com ral and Huntsville into Alabama Gas as ice Commission and would be exempt mission should order a hearing thereon. the surviving corporation. Prior to such from sections 9 (a) and 10 of the act by At any time thereafter, said application- merger, Southern proposes to donate: virtue of section 9 (b) (1) thereof upon declaration, as filed or as amended, may (a) To Alabama Gas $1,500,000 prin the express authorization of the pro be granted and permitted to become cipal amount of the Income Note posed acquisition by the Alabama Public effective as provided in Rule U—33 of the due 1956 now owned by Southern; Service Commission. rules and regulations promulgated pur (b) To Huntsville $100 y000 principal It appearing to the Commission that suant to said act, or the Commission amount First Mortgage 6% Bonds due it is appropriate in the public interest may exempt such transaction as pro 1948, together with unpaid interest ac and in the interests of investors and vided in Rule U-20 (a) and Rule U-100 crued thereon, and $143,924 6% demand consumers that a hearing be held with thereof. Any such request should he note and open account indebfcedn.es now respect to said matters and that said addressed: Secretary, Securities and owned by Southern. applications or declarations (or both) Exchange Commission, 18th and Locust Alabama Gas and Huntsville, respec shall not be granted or be permitted to Streets, Philadelphia 3, Pennsylvania. tively, propose to acquire and to cancel become effective except pursuant to fur All interested persons are referred to such indebtedness so donated by South ther order of the Commission. said application-declaration which is on ern. It is ordered, That a hearing on said file in the offices of the Commission for a Southern further proposes to donate matters under the applicable provisions statement of the transaction herein pro to Alabama Gas and Alabama Gas pro of the act and the Rules of the Commis poses to acquire and cancel all of the sion thereunder be held on September posed, which may toe summarized as fol 17, 1946, at 10:00 a. m., e. d. s. t., at the lows.: common stocks of Alabama Natural Central, which at present owns 54 (1,000 shares no par value) and Hunts office of the* Commission, 18th and Locust shares (54%) of the common stock of ville (500 shares no par value), all of Streets, Philadelphia 3, Pennsylvania, in Hammond proposes to purchase from which said common stocks are now such room as the hearing room clerk in Oswegotchie light and Power Company, owned toy Southern. Room 318 will at that time advise. Any Alabama Natural and Huntsville pro person proposing to be heard or other a non-affiliate company, the remaining wise to participate in these proceedings outstanding 46 shares of Hammond’s pose to sell and Alabama Gas proposes to acquire ail of the properties and assets of shall file with the Secretary of the Com common stock for a cash consideration mission, on or before September 16,1946, of $12,466 C$271 per share). Upon ac Alabama Natural and Huntsville and as sume all their liabilities, including $40,- -a written request relative thereto as pro quisition of these shares. Central pro vided by Rule XVH of the rules of prac poses to merge Hammond into it. Cen 0(1 principal amount of 5% bonds of the City -of Talladega, Alabama, due 1947, as tice of the Commission. tral presenQy provides electric service in It is further ordered, That Willis E. the territory contiguous to that of Ham sumed by Alabama Natural. The surviving corporation, Alabama Monty or any other officer or officers of mond and supplies the latter with all of this Commission designated by it for its energy requirements for distribution Gas, would issue and sell to The Chase National Bank of New York $2,000,000 that purpose, shall preside at the hear to the public. ing on such matter. The officer so des The proposed transactions have been principal amount of serial notes, $1,400,- 000 principal amount of such notes bear ignated to preside at any such hearing approved by the Public Service Commis is hereby authorized to exercise all pow sion of the State of New York. ing interest initially at the rate of 2% per annum and maturing serially at the ers granted to the Commission under By the Commission. rate of $70,000 semi-annually commenc section 18 (c) of the act and to a trial [seal] Orval L. D uB oxs, ing April 1, 1947; $600,000 principal examiner under the Commission’s rules Secretary. amount of such notes bearing interest of practice. [F. R. Doc. 46-15812; Hied, Sept. 4, 1946; initially at the rate of 2%% per annum It is further ordered, That, without 6:66. a. m.J and maturing on October 1, 1957. The limiting the seope of the issues otherwise interest rate is subject to upward ad to be considered in this proceeding, par justment which is more fully set out in ticular attention will be directed at the the filing, but in no event shall the in [File No. 70-1357] hearing to the following matters and terest rate exceed 3% per annum. questions: S outhern Natural Gas Co. et al. Alabama Gas proposes to apply the proceeds to be received from the issue of 1. Whether the proposed merger will NOTICE OF TILING AND NOTICE OF AND ORDER the notes towards (a) the redemption of serve the public interest by tending to TOR HEARING all its outstanding First Mortgage Bonds, ward the economical and efficient devel At a regular session of the Securities Series, due 1951 in the principal opment of an integrated public utility and Exchange Commission, held at its amount of $1,102,000 at the call price of system i. FEDERAL REGISTER, T h u rsd a y, September 5, 1946 9785 2. Whether the proposed acquisition of Classes A, 1, and 2 not carrying pas 1..That Paul Grundman, whose last of utility assets by Alabama Gas has been sengers for hire, manufactured by Cur known address is Schlossgarten 1, Zoer- expressly authorized by a State Com ran Cushion & Textile Co., South Main big, Kreis Bitterfeld, Germany, is a resi mission, and whether the proposed is Street, Downers Grove, Illinois. dent of Germany and a national of a suance and sale of securities by Alabama Approval No. B-353, 13" x 19" x 2" designated enemy country (Germany); Gas are solely for the purpose of financ rectangular buoyant cushion, 22 ounces 2. That the property described as fol ing the business of Alabama Gas and kapok, manufactured by Burlington lows: have been expressly authorized by the Mills, Inc., Burlington, Wisconsin. * a. Twenty-five (25) shares of $10 par value commdn capital stock of The Mur State Commission of the State in which DAVITS Alabama Gas is organized and doing ray Corporation of America, 770Q^Russell business. Welin aluminum gravity davit, Size Street, Detroit, Michigan, a corporation 3. Whether the proposed transactions 36A, General Arrangement Dwg. No. 3047, organized under the laws of the State of are detrimental to the carrying out of dated 24 September 1945, revised 25 July Delaware, evidenced by certificate num the provisions of section 11 (b) of the 1946, maximum working load 17,500 ber NYF 25559, registered in the name of pounds per arm, submitted by the Welin Paul Grundman, together with all de 4. Whether the payment, by Alabama Davit and Boat Division of the Robinson clared and unpaid dividends thereon, and Gas to Southern of the 6% First Mort Foundation, Inc., Perth Amboy, New b. Fifty (50) shares of no par value gage Income Ncte in the principal Jersey. common capital stock of Packard Motor amount of $350,000 is detrimental to the Aluminum gravity davit, Size 26A, Car Company, 1580 East Grand Boule public intèrest or the interest of inves General Arrangement Dwg. No. 3047, vard, Detroit, Michigan, a corporation tors or consumers. dated 24 September 1945, maximum organized under the laws of the State of 5. Whether the fees, commissions, or working load 7,000 pounds per arm, sub Michigan, evidenced by certificate num other remunerations *+o be paid in con mitted by the Welin Davit and Boat ber N0240605, registered in the name of nection with £he proposed transactions Division of the Robinson Foundation, Faul Grundman, together with all de are reasonable. Inc., Perth Amboy, New Jersey. clared and unpaid dividends thereon, 6. Whether the accounting entries to FIRE EXTINGUISHING APPARATUS is property within the United States be made in connection with the proposed owned or controlled by, payable or de transactions are proper and in accord Fixed foam bilge extinguishing sys liverable to, held on behalf of or on ac ance with sound accounting principles. tem, National AER-O-FOAM marine count of, or owing to, or which Is evi 7. Generally, whether the proposed foam fire extinguishing system, One dence of ownership or, control by, the transactions are in all respects in the unit for an area not exceeding 800 aforesaid national of a designated enemy public interest and in the interests of in square feet consists of one Type PP-S20- country; vestors and consumers and consistent V, pressure proportioner, Assembly Dwg. And determining that to the extent with all applicable requirements of the No. C-10-1, Alt. B, dated 24 January that such national is a person not within act and the rules thereunder and, if not, 1946, holding 20 gallons of National a designated enemy country, the national what modifications should be required AER-O-FOAM liquid, and using either interest of the United States requires to be made therein and what terms and one Type MB 12 nozzle, Assembly Dwg. that such person be treated, as a na conditions should be imposed to satisfy No. E-ll-2, dated 2 February 1945, or tional of a designated enemy country the statutory standards. two Type MB 6 nozzles, Assembly Dwg. (Germany); It is further ordered, That notice of No. E-ll-1, dated 26 January 1945, And having made all determinations said hearing is hereby given to the multiple units may be used to protect and taken all action required by law, in applicants-declarants and to all in greater areas in the ratio of one unit for cluding appropriate consultation a*d terested persons; said notice to be given each 800 square feet or fraction thereof certification, and deeming it necessary in to Southern Natural Gas Company, Ala to be protected, manufactured by the the national interest, bama Gas Company, Alabama Natural National Foam System, Inc., 15th and Gas Corporation, Huntsville Gas Com Chestnut Streets, Philadelphia, Pa. (Su hereby vests in the Alien Property Cus pany, Alabama Public Service Commis persedes approval 16 January 1946, 11 todian the property described above, to be sion, and the Federal Power Commis F. R. 666, insofar as new construction is held, used, administered, liquidated, sold sion, by registered mail, and to all other concerned built on and after date of or otherwise dealt with in the interest persons by general release of this Com publication of this ordér in the F ederal and for the benefit of the United States. mission, distributed to the press and R egister. Such property and any or all of the winch proceeds thereof shall be held in an ap mailed to the mailing list for releases is propriate account or accounts, pending sued under the Public. Utility Holding Welin type AH aluminum lifeboat further determination of the Alien Prop Company Act of 1935, and by publication winch, General Arrangement Dwg. No. erty Custodian. This order shall not be of this notice in the F ederal R egister. 2927, dated 12/22/44, revised 3/23/45, deemed to constitute an admission by the By the Commission. working load 10,000 pounds per drum, Alien Property Custodian of the lawful 20,000 pounds per winch, fTibmitted by ness of, or acquiescence in, or licensing of, [seal] Orval L. DUBOIS, the Welin Davit and Boat Division of Secretary. any set-offs, charges or deductions, nor the Robinson Foundation, Inc., Perth shall it be deemed to limit the power of [F. R. Doc. 46-15813; Piled, Sept. 4, 1946; Amboy, New Jersey. the Alien Property Custodian to return 9:38 a. m.] Dated: August 30, 1946. such property or the proceeds thereof in J. F. F arley, whole or in part, nor shall it be deemed Admiral, U. S. Coast Guard, to indicate that compensation will not be UNITED STATES COAST GUARD. Commandant. paid in lieu thereof, if and when it should [P. R. Doc. 46-15836; Filed, Sept. 4, 1946; be determined to take any one or all of Approval of Equipment \ -10:17 a. m.] such actions. By-virtue of the authority vested in me Any person, except a national of a des by R. S. 4405, 4417a, 4426, 4470, 4488, and ignated enemy country, asserting any 4491, as amended, 49 Stat. 1544, 54 Stat. claim arising as a result of this order 163-167, 1028, sec. 5 (e), 55 Stat. 244 (46 OFFICE OF ALIEN PROPERTY CUS may, within one year from the date here U. S. C, 367, 375, 391a, 463, 463a, 404, 481, TODIAN. of, or within such further time as may 489, 526-526t, 50 U. S. C.,1275), and [Vesting Order 7139] be allowed, file with the Alien Property section 101, Reorganization Plan No. 3 of . P aul Grundman Custodian on Form APC-1 a notice of 1946, the following approval of equip claim, together with a request for a hear ment is prescribed, effective upon the In re: Stock owned by Paul Grund man. F-28-955-D-1, F-28-955-D-2. ing thereon. Nothing herein contained date of publication in the F ederal R eg shall be deemed to constitute an admis ister. Under the authority of the Trading with the Enemy Act, as amended, and sion of the existence, validity or right to BUOYANT CUSHIONS FOR MOTORBOATS Executive Order No. 9095, as amended, allowance of any such claim. : Approval No. A-317, standard kapok and pursuant to law, the undersigned, The terms “national” and “designated buoyant cushion, for use on motorboats after investigation, finding: enemy country” as used herein shall have 9786 FEDERAL REGISTER, T h u rsd a y, September 5, 1946 the meanings prescribed in section 10 of York, New York, together with any and Lazard Preres. & Co., 44 Wall Street, New Executive Order No. 9095, as amended. all rights thereunder and thereto, York, New York, in the amount of $836.85, e. One United States Treasury De as of December 31, 1945, arising out of a Executed at Washington, D. C., on partment Custom Receipt, bearing the current account, entitled “Hauck-Georg July 16, 1946. number 2815, dated September 20, 1940, & Sohn”, together with all accruals there [seal] J ames E. Markham, covering $140.00, presently in the cus to, and any and all rights to demand, Alien Property Custodian. tody of Lazard Preres & Co., 44 Wall enforce and collect the same, and [P. R. Doc. 46-15722; Piled, Sept. 8, 1946; Street-, New York, New York,- together ~n. That certain debt or other obliga 9:41a.m.] * with any and all rights thereunder and tion owing\to Georg Hauck & Sohn, by thereto, Lazard Preres & Go., 44 Wall Street, New f. Twenty National Railroad of Mexico York, New York, in the amount of $4,- First Consolidated Gold 4% Bonds, due 823.11, as of December 31, 1945, arising [Vesting Order 7142] 1951, each of $1,000 face value, bearing out of an account entitled “Hauck- G eorg Hauck & Sohn the numbers 1866, 1867, 2937, 11560, Georg & Sohn—General Ruling No. 6 12124, 13861, 13862, 13863, 13865, 14389, Account”, together with any and all ac In re: Stocks and bonds owned by and 14390, 14424, 14652, 14768, 16307, 187Í8, cruals thereto, and any and all rights to debts owing to Georg. Hauck & Sohn. 18172, 18168, 17122 and 17121, issued in demand, enforce, and collect the same, P-28-2314-A-2. the name of bearer, presently in the Under the authority of the Trading custody of Lazard Preres & Co., 44 Wall is property within the United States with the Enemy Act, as amended, and Street, Ñew York, New York, together owned or controlled by, payable or de Executive Order No. 9095, as amended, with all rights thereunder and thereto, liverable to, held on behalf of or on ac and pursuant to .law, the undersigned, count of, or owing to, or which is evi after investigation, finding: g. Three National Railroad of Mexico dence of ownership or control by, the Prior Lien Sinking Fund Gold 4%,% aforesaid national ot a designated enemy 1. That Georg Hauck & Sohn, the last Bonds, due 1957, each of $1000 face value, known address of which is 30 Neue Main- country; zerstrasse, Frankfurt a/M., Germany, is bearing the numbers 14601, 17435 and And determining that to the extent a partnership organized under the laws 17436, issued in the name of bearer, pres that such national is a person not within of Germany, and which has or, since the ently in the custody of Lazard Preres & a designated enemy couritry, the national effective date of Executive Order No. Co., 44 Wall Street,^New York, New York, interest of the United States requires that 8389, as amended, has had its principal together with any and all rights there such person be treated as a national of a place of business in Germany and is a under and thereto, designated enemy country (Germany); national of a designated enemy country h. Fifty República Mexicana External And having made all determinations (Germany); , 4% Bonds, each of $97 face value, bear and taken all action required by law, in 2. That the property described as fol ing the* numbers 10625, 21369, 30965, cluding appropriate consultation and 46178, 50451, 53269, 62843, 71404, 71850, certification, and deeming it necessary in lows: 94379, 105042, 114709, 123305, 125002, a. Two hundred forty-five shares of 415682, 139426, 171384, 174803, 197278, the national interest, $100 par value 5% cumulative convertible 197279, 198083, 198084, 204928, 219422, hereby vests in the Alien Property Cus preferred capital stock of Missouri Pa todian the property described above, to cific Railroad Company, Missouri Pacific 242673, 250320, 254554, 254555, 261127, 265392, 302920, 306428, 312510, 313582, be held, used, administered, liquidated, Building, St. Louis, Missouri, a corpora 313583, 338892, 356317, 356318, 405387, sold or otherwise dealt with in the inter tion organized under the laws of the est and for the benefit of the United State of Missouri, evidenced by certifi 407420, 410991, 410992, 412599, 415296, 415681, 424075,' 424076, 424077, 432173, States. cate numbers 44721 for thirty shares, Such property and any or all of the 6877 for one hundred shares and 40579 436154, issued in the name of bearer, presently in the custody of Lazard Freres proceeds thereof shall be held in an ap for five shares registered in the name of propriate account or accounts, pending Harry Clark, certificate humbers 18599 & Co., 44 Wall Street, New York, New York, together with any and all rights further determination of the Alien Prop for ten shares, 18600 for ten shares, 18601 erty Custodian. This order shall not be for ten shares and 42861 for four shares thereunder arid thereto, i. United States of Mexico Scrip for deemed to constitute an admission by the registered in the name of Howard.Kadel- Alien Property custodian of the lawful burg, arid certificate numbers 76461 for Internal Arrears, Class A, of $4,080 face value, bearing the number 7-22-4787, ness of, or acquiescence in, or licensing forty shares, 76462 for thirty-five shares of, any set-offs, charges or deductions, and 76466 for one share registered in the issued in the name of bearer, presently in the custody of Lazard Freres & Co., nor shall it be deemed to limit the power name of.Lazard Preres & Co., presently of the Alien Property Custodian to re in the custody of Lazard Preres & Co., 44 Wall Street, New York, New York, to 44 Wall Street, New York, New York, to gether with any and all rights thereunder turn such property or the proceeds there and thereto, of in whole or in part, nor shall it be gether with all declared and unpaid deemed to indicate that compensation dividends thereon, j. United States of Mexico Scrip for Internal Arrears, Class B, of $7,700 face will not be paid in lieu thereof, if and b. Pour Chicago, Rock Island & Pacific when it should be determined to take any Railway Company First and Refunding value, bearing the number 7-22-4787, issued in the name of bearer, presently one or all of such actions. Gold 4% Bonds, due 1934, each of $1,000 Any person, except a national of a des face value,' bearing the numbers 29564 in the custody of Lazard Preres & Co., 44 Wall Street, New York, New York, to ignated enemy country, asserting any through 29567 inclusive, issued in the claim arising as a result of this order name of bearer, presently in the custody gether with any and all rights there under §nd thereto, may, within one year from the date here of Lazard Preres & Co., 44 Wall Street, of, or within such further time as may be New York, New York, together with any k. Ten National Railroad of Mexico and all rights thereunder and thereto, Script Certificates, each of $3,375 face allowed, file with the Alien Property Cus c. Six Rock Island, Arkansas and value, bearing the humbers 1775 through todian on Form APC-1 a notice of claim, Louisiana Railroad Company First Gold 1784 inclusive, issued in the- name of together with a request for a hearing 4Vz% Bonds, due 1934, each of $1,000 face bearer, presently in the custody of Lazard thereon. Nothing herein contained shall value, bearing the numbers 386, 387, 388 Freres & Co., 44 Wall Street, New York, be deemed to constitute an admission of and 389 registered in the name of Lazard New York, together with any and all the existence, validity or right to allow Preres & Co., and certificate numbers rights thereunder and thereto, ' ance of any such claim. 7610 and 7260 issued in the name of l. Thirty shares of R. M. 2% par value The terms “national” and “designated bearer, presently in the custody of Laz stock oí Rudolph Karstadt, Inc., Ger enemy country” as used herein shall have ard Freres & Co., 44 Wall Street, New many, a corporation organized under the the meanings prescribed in section 10 of York, New York, together with any and laws of Germany, evidenced by Certificate Executive Order No. 9095, as amended. all rights thereunder and thereto, Number 6035, registered in the name of d. One Missouri Pacific Railroad Com H. C. Clark, presently in the custody of Executed at Washington, D. C., on pany 20 Year Convertible Gold 5%% Lazard Freres & Co., 44 Wall Street, New July 17,1946. Bond, due 1949, of $1,000 face value, bear York, New York, together with all de [seal] J ames E. Markham, ing the number 6910, issued in the name clared and unpaid dividends thereon, Alien Property Custodian. of bearer, presently in the custody of m. That certain debt or other obliga [F. R. DOC. 46-15723; Filed, Sept. 3, 1940; Lazard Preres & Co., 44 Wall Street, New tion owing to Georg Hauck & Sohn by 9:41 a. m.] • FEDERAL REGISTER, T h u rsd a y, S ep tem b er 5, 1946 9787 [Vesting Order 7184] Executed at Washington, D. C., on [Vesting Order 7329] Anna K atherine Ruser July 22, 1946. Helen S zabo [seal] James E. Markham, In re: Estate of Helen Szabo, deceased. In re: Estate of Anna Katherine Ruser, Alien Property Custodian. also known as Anna K. Ruser, Anna K. File No. D-34-79; E..T. sec. 1188. Russo, deceased. Pile No. D-28-9136, [P. R. Doc. 46-15724; Filed, Sept. 3, 1946; Under the authority of the Trading E. T. sec. 11790. 9:41 a. m.] with the Enemy Act, as amended, and Under the authority of the Trading Executive Order No. 9095, as amended, with the Enemy Act, as amended, and and pursuant to law, the undersigned, Executive Order No. 9095, as amended, [Vesting Order 7327] after investigation, finding: That the property described as follows: and pursuant to law, the undersigned, I saac Lewenthal after investigation, finding: All right, title, interest and claim of any That the property described as follows: In re: Estate of Isaac Lewenthal, de kind or character whatsoever of Anna All right, title, interest and claim of any ceased. File No. D-28-9282; E. T. sec. Szabo in and to the Estate of Helen kind or character whatsoever of Chris 12194. Szabo, deceased, tian Ruser and Emil Ruser, and each of Under the authority of the Trading is property payable or deliverable to, or them, in and to the Estate of Anna - with the Enemy Act, as amended, and claimed by a national of a designated Katherine Ruser, also known as Anna K. Executive Order No. 9095, as amended, enemy country, Hungary, namely, Ruser, Anna K. Russo, deceased, and pursuant to law, the undersigned, after investigation, finding: National and Last Known Address is property payable or deliverable to, or That the property described as follows: Anna Szabo, Hungary. claimed by, nationals of a designated All right, title, interest and claim of any That such property is in the process of enemy country, Germany, namely, kind or character whatsoever of Frida administration by the Treasurer of the Nationals and Last Known Address Emrich and Elsie Hauptman, and each of City of New York, as Depositary of the Christian Ruser, Germany. them, in aqd to the estate of Isaac Estate of Helen Szabo, deceased, acting Emil Ruser, Germany. Lewenthal, deceased, under the judicial supervision of the Sur is property payable or deliverable to, or' rogate’s Court, New York Countyr State That such property is in the process of New York; of administration by the Treasurer of claimed by, nationals of a designated enemy country, Germany, namely, And determining that to the extent the City of New York, as Depositary, that such national is a person not within acting under the judicial supervision of Nationals and Last Known Address a designated enemy country, the na the Surrogate's Court, New York County, Frida Emrich, Germany. tional interest of the United States re New York; Elsie Fauptman, Germany. quires that such person be treated as a And determining that to the extent national of a designated enemy country that such nationals are persons not with- • That such property is in the process of administration by the Treasurer of the (Hungary); in a designated enemy country, the na And having made all determinations tional interest of the United States re City of New York, acting under the judi cial supervision of the Surrogate’s Court, and taken all action required by law, in quires that such persons be treated as cluding appropriate consultation and nationals of a designated enemy country New York County, New York; (Germany); And determining that to the extent certification, and deeming it necessary in And having made all determinations that such nationals are persons not the national interest, and taken all action required by law, in within a designated enemy country, the hereby vests in the Alien Property Cus cluding appropriate consultation and national interest of the United States todian the property described above, to certification, and deeming it necessary in requires that such persons be treated as be held, used, administered, liquidated, the national interest, nationals of a designated enemy coun sold or otherwise dealt with in the in try (Germany); * hereby vests in the Alien Property Cus terest and for the benefit of the United And having made all determinations States. todian the property described above, to and taken all action required by law, in Such property and any or all the pro be held, used, administered, liquidated, cluding appropriate consultation and sold or otherwise dealt with in the inter ceeds thereof shall be held ih an appro certification, and deeming it necessary priate account or accounts, pending fur est and for the benefit of the United in the national interest, States. ther determination of the Alien Prop Such property and any or all of the hereby vests * in the Alien Property erty Custodian. This order shall not be proceeds thereof shall be held in an Custodian the property described above, deemed to limit the power of the Alien appropriate account or accounts, pend to be held, used, administered, liquidated, Property Custodian to return such prop ing further determination of the Alien sold or otherwise dealt with in the inter erty or the proceeds thereof in whole or Property Custodian. This order shall est and for the benefit of the United in part, nor shall it be deemed to in not be deemed to limit the power of the States. dicate that compensation will not be paid Alien Property Custodian to return such Such property and any or all of the in lieu hereof, if and when it should be property or the proceeds thereof in whole proceeds thereof shall be held in an ap determined to take any one or all of such or in part, nor shall it be deemed to in propriate account or accounts, pending actions. dicate that compensation will not be further deterniination of the Alien Prop The terms “national” and “designated paid in lieu thereof, if and when it should erty Custodian. This order shall not be enemy country” as used herein shall have be determined to take any one or all of deemed to limit the power of the Alien the meanings prescribed in section 10 of such actions. # Property Custodian to return such prop Executive Order No. 9095, as amended. Any person, except a national of a des erty or thev proceeds thereof in whole or Executed at Washington, D. C., on ignated enemy country, asserting any in part, nor shall it be deemed to indicate July 31, 1946. claim arising as a result of this order that compensation will not be paid in lieu thereof, if and when it should be deter [seal] J ames E. Markham, may, within one year from the date Alien Property Custodian. hereof, or within such further time as mined to take any one or all of such actions. [F. R. Doc. 46-15726; Filed, Sept. 3, 1946; may be allowed, file with the Alien Prop . The terms “national” and “designated 9:42 a. m.] erty Custodian on Form APC-1 a notice enemy country” as used herein shall have of claim, together with a request for a the meanings prescribed in section 10 of hearing thereon. Nothing herein con Executive Order No. 9095, as amended. [Vesting Order 7435] tained shall be deemed to'constitute an Executed at Washington, D. C., on J . FtJKUDA admission of the existence, validity or July 31, 1946. right to allowance of any such claim. In re: Bank account owned by J. The terms “national” and “designated [seal] J ames E. Markham, (Jinzo) Fukuda. F-39-3049. enemy country” as used herein shall have Alien Property Custodian. Under the authority of the Trading the meanings prescribed in section 10 of [F. R. Doc. 46-15725; Filed, Sept. 3, 1946; with the Enemy Act, as amended, and Executive Order No. 9095, as amended. 9:41 a. m.] Executive Order No. 9095, as amended, # 9788 FEDERAL REGISTER, T h u rsd a y, S ep tem b er 5, 1946 and pursuant to law, the undersigned, [Vesting Order 7437] Executed at Washington, D. C., on August 15, 1946. after investigation, finding: S akuichi Kinoshita 1. That J. (Jinzo) Fukuda, whose last [seal] James E. Markham, In re: Bank account owned by Sa Alien Property Custodian. known address is Japan, is a resident of kuichi Kinoshita also known as S. Kino Japan and a national of a designated shita. F-39-855. [P. R. Doc. 46-15728; Piled, Sept. 3, 1946; enemy country (Japan); Under the authority of the Trading 9:42 a.m .] 2. That the property described as fol with the Enemy Act, as amended, and lows: That certain debt or other obliga Executive Order No. 9095, as amended, tion of Bishop National Bank of Hawaii, and pursuant to law, the undersigned, , [Vesting Order 7496] Honolulu, T.„H., arising out of a check after investigation, finding: 1. That Sakuichi Kinoshita also known U nited S tates Currency and Coin Owned ing account, Entitled Harry C. Koga, B y Germany Trustee for J. (Jinzo) Fukuda, and any as S. Kinoshita, whose last known ad and all rights to demand, enforce and dress is Japan, is a resident of Japan Under the authority of the Trading and a national of a designated enemy with the Enemy Act, as amended, and collect the same, country (Japan); Executive Order No. 9395, as amended, is property within the United States 2. That the property described as fol and pursuant to law, the undersigned, Owned or controlled by, payable or de lows : That certain debt or other obliga after investigation, finding: liverable to, held on behalf of or on ac tion owing to Sakuichi Kinoshita, also 1. That the property described as fol count of, or owing to, or which is evi known as S. Kinoshita, by Bishop Na lows: United States currency and coin in dence of ownership or control by, J. tional Bank of Hawaii, Honolulu, T. H., the aggregate amount of $3,650,156.95, (Jinzo) Fukuda, the aforesaid pational arising out of a commercial account, en recovered from a safe in the former Ger of a designated enemy country; titled Sakuichi Kinoshita, and any and man Embassy at Washington, D. C„ on all rights to demand, enforce and collect August 21,1945, and presently in the cus And determining that to the extent ' the same, » tody of the Secretary of State of the that such national is a person not within United States, a designated enemy country, the national is property within the United States interest of the United States requires owned or controlled by, payable or de is property within the United States that such person be treated as a national liverable to, held on behalf of or on ac owned or controlled by, payable or de of a designated enemy country (Japan); count of, or owing to, or which is evidence liverable to, held on behalf of or on ac of ownership or control by, the aforesaid count of,' or owing to, or which is evi And having made all determinations national of a designated enemy country; dence of ownership or control by, a desig and taken all action required by law, in And determining that to the extent nated enemy country (Germany); cluding appropriate consultation and that such national is a person not within And having made all determinations certification, and deeming it necessary in a designated enemy country, the national and taken all action required by law, in the national interest, interest of the United States requires cluding appropriate consultation and hereby vests in the Alien Property Cus certification, and deeming it necessary that such person be treated as a national in the national interest, todian the property described above, to of a designated enemy country (Japan); be held, used, administered, liquidated, And having made all determinations hereby vests in the Alien Property Cus sold or otherwise dealt with in the in and taken all action required by law, in todian the property described above, to terest and for the benefit of the United cluding appropriate consultation and be held, used, administered, liquidated, States. certification, and deeming it necessary in sold or otherwise dealt with in the inter Such property and any or all of the est and for the benefit of the United the national interest, States. - proceeds thereof shall be held in an hereby vests in the Alien Property Cus Such property and any or all of the appropriate account or accounts, pend todian the property described above, to be proceeds thereof shall be held in an ap ing further determination of the Alien held, used; administered, liquidated, sold propriate account or accounts, pending Property Custodian. This order shall or otherwise dealt with in the interest further determination of the Alien Prop not be deemed to constitute an admis erty Custodian. This order shall not be sion by the Alien Property Custodian of and for the benefit of the United States. deemed to constitute an admission by the the lawfulness of, or acquiescence in, or SUch property and any or all of the Alien Property Custodian of the lawful v licensing of any set-offs, charges or de proceeds thereof shall be held in an ap ness of, or acquiescence in, or licensing ductions nor shall it be deemed to limit propriate account or accounts, pending of, any set-offs, charges or deductions, the power of the Alien Property Custo further determination of the Alien Prop nor shall it be deemed to limit the power erty Custodian. This order shall not be of the Alien Property Custodian to re dian to return $uch property or the deemed to constitute an admission by the turn such property or the proceeds proceeds thereof in whole or in part, nor Alien Property Custodian of the lawful thereof in whole or in part, nor shall it shall it be deemed to indicate that com ness of, or acquiescence in, or licensing be deemed to indicate that compensation pensation will not be paid in lieu thereof, of, any set-offs, charges or deductions, will not be paid in lieu thereof, if and if and when it should be determined to nor shall it be deemed to limit the power when it should be determined to take take any one or all of such actions. of the Alien Property Custodian to return any one or all of such actions. The terms “national” and “designated The term “designated enemy country” such property or the proceeds thereof in as .used herein shall have the meanings enemy country” as used herein shall have whole or in part, nor shall it be deemed the meanings prescribed in section 10 of prescribed in section* 10 of Executive to indicate, that compensation will not Order No. 9095, as amended. Executive Order No. 9095, as amended. be paid in lieu thereof, if and when it Executed at Washington, D. C.. on should be determined to take any one Executed at Washington, D. C., on August 15, 1946. or all of such actions. September 3, 1946. [ seal! J ames E. Markham, The terms “national” and “designated [seal] . James E. Markham, Alien Property Custodian. enemy country” as used herein shall have Alien Property Custodian. [P. R. Doc. 46-15727; Filed, Sept. 3, 1946; the meanings prescribed in section 10 of [P. R. Doc. 46-15816; Piled, Sept. 4, 1946; 9:42 a^-xn.] Executive Order No. 9095, as amended. 9:46 a. m.]