FEDERAL REGISTER

V O LU M E 7 ^ 1934 ¿¡p N U M B E R 142 * Ü N I T E O ^

Washington, Tuesday, July 21, 1942

The President States and of the States and Territories CONTENTS thereof; and to refrain from actual hos­ tility or giving information, aid, or com­ THE PRESIDENT PROCLAMATION 2563 fort to the enemies of the United States P roclamation : P ag e or interfering by word or deed with the State of war between United [S t a t e o f W a r B e t w e e n U n i t e d S t a t e s defense of the United States or the politi­ States and Hungary, Bul­ a n d H u n g a r y , B u l g a r i a , a n d R u m a n i a ] cal processes and public opinions thereof; garia, and Roumania______5535 BY THE PRESIDENT OF THE UNITED STATES OF and to comply strictly with the regula­ REGULATIONS AMERICA tions which may be from time to time promulgated by the President. A l i e n P r o p e r t y C u s t o d i a n : A PROCLAMATION All natives, citizens, denizens, or sub­ Notice of claim arising as re­ W HEREAS the Congress of the United jects of Hungary, Rumania, and Bulgaria, sult of vesting order; adop- States in the exercise of its constitutional being of the age of fourteen years or tion of form______5539 authority has declared, by joint resolu­ upward, who shall be within the United B i t u m i n o u s C o a l D i v i s i o n : tions approved by the President of the States and not actually naturalized, who Districts 17 and 18, minimum United States on June 5, 1942, that a fail to conduct themselves as so enjoined, price schedules, etc______5549 state of war exists between the United in addition to all other penalties pre­ C i v i l A e r o n a u t i c s A dministrator : States of America and Hungary, R u­ scribed by law, shall be liable to restraint, Airway traffic control; certain mania, and Bulgaria; and or to give security, or to remove and areas and radio fixes re­ WHEREAS by sections 21, 22, 23, and depart from the United States in the designated ______5540 24 of title 50 of the United States Code, manner prescribed by sections 23 and Civil airways, of certain green provision is made for the regulation of 24 of title 50 of the United States Code and blue airways redesig­ the conduct and apprehension of natives, and as prescribed in regulations -duly nated------5540 citizens, denizens, or subjects of a hostile promulgated by the President. C o m m e r c e D e p a r t m e n t : nation or government, being of the age of And pursuant to the authority vested Limitation on authority to ap­ fourteen years and upward, who shall be in me as aforesaid I hereby declare and prove certain projects_____ 5540 within the United States and not actually prescribe the following regulation, which C o m m o d i t y C r e d it C o r p o r a t i o n : naturalized: . I find necessary in the premises and for Loan instructions, 1942; rye, NOW, THEREFORE, I, FRANKLIN D. the public safety: barley, grain sorghums____ 5537 ROOSEVELT, President of the United Any native, citizen, denizen, or subject C u s t o m s B u r e a u : States of America, do hereby make proc­ of Hungary, Rumania, or Bulgaria, of Identification cards for licensed lamation to all whom it may concern that the age of fourteen years and upward, cartmen, lightermen, etc___ 5541 a state of war exists between the United and not actually naturalized, who, in the F e d e r a l T r a d e C o m m i s s i o n : States and Hungary, Rumania, and Bul­ judgment of the Attorney General or the garia. - M ar-G old H ealth Products Secretary of War, as the case may be, And acting under and by virtue of the Corp., cease and desist or­ Is aiding, or about to aid, the enemy, d er.,,.______2______5540 authority vested in me by the Constitu­ or who may be at large to the danger F o o d a n d D r u g A dministration : tion of the United States and the said of the public peace or safety, or who, Canned fruit cocktail, defini­ sections of the United States Code, I do in the judgment of the Attorney General tions and standards of hereby further proclaim and direct that or the Secretary of War, as the case may the conduct to be observed on the part be, is violating, or is about to violate any identity______5542 of the United States toward all natives, regulation adopted and promulgated by G r a z i n g S e r v i c e : citizens, denizens, or subjects of H un­ the President, or any criminal law of the Nevada, modification of Grazing gary, Rumania, and Bulgaria, being of United States or of the States or Terri­ District No. 2______5572 the age of fourteen years and upward, tories thereof, shall be subject to sum­ I n t e r s t a t e C o m m e r c e C o m m i s ­ who shall be within the United States or mary arrest as an alien enemy and to s i o n : within any territories in any way subject confinement in a place of detention, as Postponement of effective date to the jurisdiction of the United States may be directed by the President or by of portion of tariff circu­ and not actually naturalized, shall be as lar------, ------5572 follows: any executive officer hereafter desig­ nated by the President of the United O f f i c e o f P r i c e A dministration : All natives, citizens, denizens, or sub­ States. Maximum price regulation, gen­ jects of Hungary, Rumania, and Bulgaria And pursuant to the authority vested eral: are enjoined to preserve the peace to­ in me, I hereby charge the Attorney Adjustments in special deals; wards the United States and to refrain General with the duty of executing the amendment 14______5565 from crime against the public safety, and above regulation and all regulations here­ Dow Chemical Co., order 36__ 5571 from violating the laws of the United after adopted and promulgated regard- (Continued on next page) 5535 5536 FEDERAL REGISTER, Tuesday, July 21, 1942

CONTENTS— Continued ing the conduct of natives, citizens, deni­ zens or subjects of Hungary, Rumania, W ar P roduction B oard—C on. Pa8e and Bulgaria within continental United FEDEMppREGISTER Officers’ military insignia, L-131- 5556 States, Puerto Rico, and the Virgin Is­ Silk hosiery, used, M-182------55!j>7 lands, and the Secretary of W ar with the Sole leather, amendment 2 to duty of executing the above regulation M -8 0 ______h______5556 and all regulations hereafter adopted and promulgated regarding the conduct of NOTICES Published daily, except Sundays, Mondays, natives, citizens, denizens, or subjects of and days following legal holidays by the B itu m in o us Coal D iv is io n : Hungary, Rumania, and Bulgaria in Division of the Federal Register, The National Alaska, the Canal Zone, the Hawaiian Is­ Archives, pursuant to the authority con­ Delta Coal M ining Co., tempo­ tained in the Federal Register Act, approved rary relief granted______5573 lands, and the Philippine Islands. Each July 26, 1935 (49 Stat. 500), under regula­ Sheban Mining Co., code mem­ of them is specifically directed to cause tions prescribed by the Administrative Com­ bership revocation______5573 the apprehension of any native, citizen, mittee, approved by the President. Williamson, J. B., hearing_____ 5573 denizen, or subject of Hungary, Rumania, The Administrative Committee consists of Civil A eronautics B oard: or Bulgaria who in the judgment of each the Archivist or Acting Archivist, an officer Hearings: is subject to apprehension as an alien of the Department of Justice designated by American Airlines, Inc______5576 enemy under such regulations. In carry­ the Attorney General, and the Public Printer ing out such regulations within the con­ or Acting Public Printer. Eastern Air Lines, Inc______5576 The daily issue of the Federal Register F ederal T rade C o m m issio n : tinental United States, Puerto Rico, and will be furnished by mail to subscribers, free Clara Stanton, Druggist to the Virgin Islands, the Attorney General of postage, for $1.25 per month or $12.50 per Women; correction of find­ is authorized to utilize such agents, agen­ year, payable in advance. Remit money or­ ings of facts______5581 cies, officers and departments of the der payable to the Superintendent of Docu­ F ood and D rug A dministration: United States and' of the several states, ments directly to the Government Printing Cream cheese, etc., proposed territories, dependencies, and municipal­ Office, Washington, D. C. The charge for ities thereof and of the District of Colum­ single copies (minimum, 101) varies in pro­ order fixing definition and portion to the size of the issue. standard of identity______5576 bia as he may select for the purpose. G eneral L and O ffice: Similarly the Secretary of W ar in carry­ Arizona, revocation of tempot ing out such regulations in Alaska, the CONTENTS—Continued rary withdrawal of lands Canal Zone, the Hawaiian Islands, and in Farmers’ Banco______5575 the Philippine Islands is authorized to O f f i c e o f P r i c e A dministration — Oregon, withdrawal of public use such agents, agencies, officers, and Continued. lands for use of W a r Depart­ departments of the United States and of Maximum price regulation, gen­ ment______5575 eral—Continued. PaSe Wyoming, stock driveway with­ the territories, dependencies, and munici­ International Payroll Machine drawal modified______5575 palities thereof as he may select for the Co.; amendment 2 to sup­ M ines B ureau: purpose. All such agents, agencies, offi­ plementary regulation 4_ 5566 Boulder City, Nev., Experiment cers, and departments are hereby granted Maximum price regulations: Station: full authority for all acts done by them Bituminous coal delivered Recommendations of Wage in the execution of such regulations when from mine or preparation Board______5574 acting by direction of the Attorney Gen­ plant; amendment 9 to Wage fixing procedures------5574 eral or the Secretary of War, as the case 120______5560 O ffice of P rice A dministration: may be. Consumer service, amend­ Durham Tire Exchange, suspen- For the purposes of entry into and de­ ment 2 to 165______5567 * sion order______5581 parture from the United States, para­ Containers, seasonal wooden; Wyatt, Inc., and T. A. D. Jones amendment 3 to 160____ 5564 and Co., Inc., adjustments graph (8) of proclamation No. 2525 of Cotton products, amendment granted____ - ___ 5582 December 7, 1941,1 shall be applicable to 7 to 118______- ______5567 S ecurities and Exchange C om m is­ natives, citizens, denizens, or subjects of Douglas fir plywood, 13------5567 s io n : the countries herein mentioned. Fuel, amendment 6 to 122____ 5567 Appliance Credit Corp., declara­ This proclamation and the regulations Sanitary napkins, amendment tion dismissed______5585 contained herein and hereafter adopted 1 to 140_____ ;______5563 Declarations effective, etc.: # shall extend and apply to all land and Soups; new -f o r m u 1 a con­ Community Power and Light water, continental or insular, in any way densed; 181______5560 Co., et al. (2 documents) _ 5584 within the jurisdiction of the United Woodpulp, amendment 3 to United Light "and Power Co., States. 114______5564 et al______5585 IN W IT N E S S W H EREO F, I have here­ Rationing regulations: Filing notices: Gasoline, amendment 2 to 5A_ 5566 Associated Gas and Electric unto set my hand and caused the seal Tires and tubes, etc.; amend­ Corp. trustees, Denis J. of the United States to be affixed. ment 21______5566 Driscoll and Willard L. DONE at the City of Washington this Soaps and cleansers, commodity Thorp______5586 17th day of July, in the year of our Lord practices regulation 1______5564 Midland United Co., et al___ 5584 nineteen hundred and forty- P u b l i c C o n t r a c t s D i v i s i o n : Hearings, etc.: [ s e a l ] two, and of the Independence of _ Furniture industry, minimum Atlantic Utility Service Corp_ 5583 the United States of America the wage determination amend­ Hobart Light & W ater Co., one hundred and sixty-seventh. ed______5571 et al______5585 S t a t e D e p a r t m e n t : Kentucky-Tennessee Light and F r a n k l i n D R o o s e v e l t Blocked nationals, proclaimed Power Co., withdrawal of By the President: list; supplement______5545 declaration______5583 C o r d e l l H u l l , W a r P r o d u c t i o n B o a r d : W age and H our D iv is io n : Secretary of State. Cooking appliances, domestic; Luggage, leather goods and amendment 2 to L-23-c____ 5556 women’s handbag industry; [F. R. Doc. 42-6874; Filed, July 20, 1942; Hand tools simplification, L-157- 5557 hearing on learner employ­ 10:32 a. m.] Schedule 1 to L-157______5558 ment______5575 Motor fuel, L-70 as amended___ 5552 * 6 F .R . 6321. FEDERAL REGISTER, Tuesday, July 21, 1942 5537

(c ) Eligible grain. (1) Eligible rye i§rm or in approved warehouses when Regulations shall be rye grading No. 2 or better of evidence is submitted that storage grading No. 3 solely on the factor of charges have been prepaid through the test weight, but otherwise grading No. 2 maturity date of the note. Evidence of TITLE 6—AGRICULTURAL CREDIT Or better, produced in 1942, the bene­ prepaid storage must be a stamped or ficial interest to which is and always typed legend on or attached to the ware­ Chapter II— Commodity Credit has been in the eligible producer. Rye house receipt which is signed by the Corporation grading tough, light smutty, smutty, light warehouseman and substantially stating: garlicky, garlicky, or rye containing in Storage charges for the period ending (April [1942 C.C.O. R ye F o rm 1— In stru ctio n s; 1942 excess of 1 percent ergot shall not be 30, 1943, fo r rye a n d b a rle y ) (J u n e 30, 1943, C.C.C. Barley Form 1— Instructions; 1942 eligible for a loan. Rye containing in for grain sorghums) on the grain represented C.C.O. Grain Sorghums Form 1— Instruc­ by this warehouse receipt have been paid or tio n s] excess of three-tenths of 1 percent, but not in excess of 1 percent ergot, shall be otherwise provided for and lien for such charges will not be claimed by the warehouse­ P a s t 231— 1942 R y e , B a r l e y , a n d G r a i n eligible for a loan at discounts set out in man from Commodity Credit Corporation or S o r g h u m s L o a n s § 231.3 (a ) hereof. any subsequent holder of this warehouse re­ (2) Eligible barley shall be barley of INSTRUCTIONS CONCERNING LOANS ON 1942 ceipt. any class grading No. 5 or better, the i ------— ------S i g n e d ______RYE, BARLEY, AND GRAIN SORGHUMS bénéficiai interest to which is and always A d dress Warehouseman has been in the eligible producer. Barley Commodity Credit Corporation has au­ Seven cents will be deducted from the ap­ grading tough, stained, blighted, smutty, thorized the making of loans and the plicable loan rate for grain stored in garlicky, weevily, ergoty, or bleached purchase of eligible paper secured by warehouses for which evidence of prepaid shall not be eligible for loan. 1942 rye, barley, or grain sorghums stored storage is not submitted. (3) Eligible grain sorghums shall be on farms or in approved public grain (a) The loan value for eligible rye grain sorghums grading No. 4 or better warehouses. These instructions state the grading No. 2 or better, or rye grading except that grain sorghums grading requirements of Commodity Credit Cor­ No. 3 solely on the factor of test weight weevily or smutty, or containing in excess poration with reference to making such but otherwise grading No. 2 or better, of 13 percent moisture when stored on loans and purchases. shall be 60 cents per bushel, except that the farm or in excess of 14 percent when the loan value for eligible rye containing P a r t 231— 1942 R y e , B a r l e y , a n d G r a i n stored in a warehouse, shall not be eli­ in excess of three-tenths of 1 percent S o r g h u m s L o a n s gible for a loan. (0.3 percent) but not in excess of 1 per­ (d ) Eligible storage. Eligible storage Sec. cent (1 percent) shall be discounted 1 shall include public grain warehouses 231.1 Definitions. cent for each one-tenth of 1 percent and farm storage meeting the following 231.2 Area in which loans will be made. (0.1 percent) ergot in excess of three- 231.3 A m o u n t o f loans. requirements: tenths of 1 percent (0.3 percent). 231.4 Maturity and interest rate. (1) Public grain warehouses which (b ) Loan values on barley except Mixed 231.5 Determination of quantity of grain. have met the requirements of Commodity Barley (Class IV) shall be based for all 231.6 Farm storage. Credit Corporation and have executed the 231.7 P u b lic w arehouses. classes on the numerical grades as pro­ Uniform Grain Storage Agreement. 231.8 Warehouse receipts. vided in the Official Grain Standards of (2) Farm storage shall consist of farm 231.9 Liens. the United States, in accordance with the bins and granaries which are of such 231.10 In su ran ce. following: 231.11 Approval of loans by a member of the substantial and firm construction as to county committee. afford safe storage for the grain for a 231.12 Source and preparation of documents. period of 2 years and permit effective For all States 231.13 Source of loans. except when Stored in fumigation for the destruction of insects stored in Arizona, 231.14 P u rch ase o f lo an . and afford protection against rodents, Arizona, California, 231.15 Offices of the regional directors of California, Idaho, Commodity Credit Corporation. other animals, thieves, and weather as Idaho, Nevada, 231.16 Release of collateral held by Com­ determined by the county agricultural Nevada, Utah, Oregon, Oregon, and modity Credit Corporation. conservation committee. Washington, Washington 231.17 Partial releases of collateral. (e) Lending agency. Any bank, co­ and Utah Authority: §§ 231.1 to 231.17 inclu sive is­ operative "marketing association or other sued under sec. 302 (a) 52 Stat. 43; 7 ÜJ3.C., corporation, partnership, or person mak­ Cents per Cents per 1302. bushel bushel ing loans in accordance with these in­ 55 60 structions which has executed the Con­ 54 59 § 231.1 Definitions. For the purpose tract to Purchase on 1940 C.C.C. Form E. 52 Si of these instructions and the notes and 49 5i (f ) Eligible paper. Eligible paper shall loan agreements or mortgages relating 45 50 consist of notes of the producer secured thereto, the following terms shall be con­ by chattel mortgages or warehouse re­ strued, respectively, to mean: ceipts representing grain in existence Mixed Barley shall be discounted 2 cents (a) Grain. Rye, barley, and grain and undamaged executed in accordance per bushel. sorghums. with these instructions and approved by (c) Loan values on grain sorghums (b) Producer eligibility. Any person, a member of the county agricultural con­ will be based on the numerical grade, partnership, association, or corporation servation committee, with State docu­ irrespective of subclass, except Mixed producing rye, barley, or grain sorghums mentary revenue stamps affixed thereto Grain Sorghums (Class V) in accordance as landlord, landowner, or tenant upon where required by law. Notes executed with the following: Cents per bushel whose farm: (1) the sum of the 1942 by an administrator, executor, or trustee acreages of wheat, cotton, corn, and to­ No. 1 grain so rg h u m s______55 will be acceptable only where valid in law. No. 2 grain sorghums______53 bacco does not exceed the sum of the § 231.2 Area in which loans will be No. 3 g ra in so rgh u m s______50 allotments or permitted acreages of such No. 4 grain sorghums______45 crops determined for the farm under the made. Loans will be made on eligible 1942 Agricultural Conservation Program, grain when stored in (a) approved ware­ Mixed Grain Sorghums shall be dis­ and (2) 20 percent or more of the crop-» houses or (b ) when stored in private bins counted 2 cents per bushel. or granaries approved by county agricul­ land is devoted to the conservation uses § 231.4 Maturity and interest rate. tural conservation committees. State as defined in section I

Form APC-1.1 The said form shall be [A m e n d m e n t 11, P a r t 601] TITLE 15—COMMERCE executed and filed as therein directed P a r t 601— D e s i g n a t i o n o f A i r w a y T r a f ­ Subtitle A — Office of the Secretary of Commerce and all information therein required f i c C o n t r o l A r e a s , C o n t r o l Z o n e s o f shall be supplied. I ntersection , C o n t r o l A i r p o r t s , a n d [O rd e r 238— A m e n d m e n t to O rd er 122] Executed at Washington, D. C. on R a d i o F i x e s P a r t 2— S p e c i a l S t u d i e s a n d S e r v i c e s b y July 16, 1942. redesignation r a d io f i x e s g r e e n c i v i l a i r ­ B u r e a u s o f t h e D e p a r t m e n t o f C o m ­ L e o T . C r o w l e y , w a y NO. 6, BLUE CIVIL AIRWAY NO. 9, RED m e r c e Alien Property Custodian. CIVIL AIRWAY NO. 21,’ REDESIGNATION OF LIMITATIONS OF AUTHORITY AIRWAY TRAFFIC CONTROL AREAS GREEN [F . R . Doc. 42-6879; F iled , J u ly 20, 1942; CIVIL AIRWAY NO. 5, BLUE CIVIL AIRWAY 10:05 a. m.] In accordance with the provisions of NO. 9 AND RED CIVIL A IR W A Y NO. 21 the Act of May 27, 1935 (49 Stat. 292; 5 U.S.C., 601b, c, d ) , authorizing the De­ J u l y 18,1942. partment of Commerce to make special Acting pursuant to the authority vested statistical studies and to perform other in me by section 308 q f the Civil Aero­ TITLE 14—CIVIL AVIATION specified services upon the payment of nautics Act of 1938, &s amended, and the cost thereof, § 2.2 of the order of Chapter II—Administrator of Civil Aero­ §§ 60.112, 60.22 and 60.23 of the Civil the Secretary No. 122 of June 7, 19411 Air Regulations and Special Regulation nautics, Department of Commerce is hereby amended to read as follows: of the Civil Aeronautics Board, Serial [A m e n d m e n t 7, P a r t 600] No. 197,1 hereby amend Part 6011 of the § 2.2 Limitations of authority. The Regulations of the Administrator of Civil minimum charge for any study, com­ P a r t 600— D e s i g n a t i o n o f C i v i l A i r w a y s Aeronautics as follows: pilation or transcript shall be $1. Bu­ REDESIGNATION OF GREEN CIVIL AIRWAY NO. 1. By striking in § 601.40309 Blue civil reau chiefs are authorized to approve 6 AND BLUE CIVIL AIRWAY NO. 9 projects up to an estimated cost of $300. airway No. 9. ( Columbia, Mo., to Duluth, All projects estimated to cost more than M inn.) the words “Columbia, Mo” ap­ J u l y 18, 1942. $300 must be submitted to the Secretary pearing in the caption and substituting in for approval. No study under the au­ Acting pursuant to the authority lieu thereof the following words: vested in me by section 302 of the Civil thority of this Act shall be approved Aeronautics Act of 1938, as amended, I “Kirksville, Mo.” which would violate existing or future hereby amend Part 6002 of the Regula­ 2. By striking in § 601.10309 Blue civil Acts requiring that information fur­ tions of the Administrator of Civil Aero- airway No. 9 airway traffic control areas nished by contributors be held confi­ dential. nf 'tics as follows: (Columbia, Mo., to Duluth, Minn.) the words “Columbia, Mo.” appearing in the This amendment shall be effective 1. By striking in § 600.10005 Green July 17, 1942. caption, and substituting in lieu thereof civil airway No. 6. ( Corpus Christi, Tex., the following words: Approved July 17, 1942. to Norfolk, Va.) the words “South Bos­ ton, Va., radio marker station.” arid sub­ “Kirksville, Mo.” [ s e a l ] W a y N e C. T a y l o r , Acting Secretary of Commerce. stituting in lieu thereof the following: 3. By striking in § 601.4006 Green civil airway No. 6. ( Corpus Christi, Tex., to “The intersection of the center lines [F. R. Doc. 42-6859; Filed, July 18, 1942; Norfolk, Va.) the following words: of the on course signals of the northeast 11:30 a. m.] leg of the Greensboro, N. C., radio range “South Boston, Va., radio marker and the southeast leg of the Lynchburg, station, or”. Va., radio range.” 4. By striking in § 601.40221 Red civil airway No. 21. (Detroit, Mich., to Wood­ TITLE 16—COMMERCIAL PRACTICES 2. By striking in § 600.10308 Blue civil ward, Pa.) the words “Detroit, Mich.” airway No. 9 (Columbia, Mo., to Duluth, Chapter I— Federal Trade Commission appearing in the caption, and substitut­ M inn.) the words “Columbia, Mo.” ap­ ing in lieu thereof the words: [Docket No. 4607] pearing in the caption, and substituting “Cleveland, Ohio”. in lieu thereof the following words: P a r t 3— D i g e s t o f C e a s e a n d D e s i s t 5. By striking in § 601.10221 Red civil O r d e r s “Kirksville, Mo.” airway No. 21. (Detroit, Mich., to Wood­ M AR-GOL HEALTH PRODUCTS CORP. 3. By striking in § 600.10308 Blue civil ward, Pa.) the words “Detroit, Mich.” airway No. 9. (Columbia, Mo., to Duluth, appearing in the caption, and substitut­ § 3.6 (c) Advertising falsely or mis­ M in n .) the words “From the Columbia, ing in lieu thereof the words: leadingly— Composition: § 3.6 (n ) Ad­ vertising falsely or misleadingly— Na­ Mo., radio range station via the Kirks­ “Cleveland, Ohio”. ture— Product: § 3.6 (t) Advertising ville, Mo., radio range station.” and sub­ 6. By striking in § 601.1005 Green civil falsely or misleadingly— Qualities or stituting in lieu thereof the following: airway No. 5 airway traffic control areas properties of product: § 3.6 (x) Adver­ “From the Kirksville, Mo., radio range (Los Angeles, Calif., to Washington, tising falsely or misleadingly— Results. station via”. D. C .) the entire paragraph following the In connection with offer, etc., of re­ caption, and substituting in lieu thereof spondent’s “Roberta Blueberry Juice”, This amendment shall become effec­ the following: fruit juice, or other similar product, dis­ tive 0001 E. S. T., August 1, 1942. seminating, etc., any advertisements by “All of Green civil airway No. 5.” C. I . S t a n t o n , means of the United States mails, or in Acting Administrator. This amendment shall become effec­ commerce, or by any means, to induce, tive 0001 E. S. T., August 1, 1942. etc., directly or indirectly, purchase in [F . R . D oc. 42-6875; F iled, J u ly 20, 1942; commerce, etc., of said preparations, 10:20 a. m.] C. I . S t a n t o n , Acting Administrator. which advertisements represent, directly ‘ Filed as part of the original document. [F . R . D oc. 42-6876; F iled , J u ly 20, 1942; or through inference, that respondent’s Copies may be obtained from the office of the 10:20 a. m.] product (1) has any properties or value Alien Property Custodian. other than that of a beverage having a 2 7 F .R . 1417, 1748, 2381, 2864, 4131, 4939, 17 F .R . 878, 529, 597, 841, 1016, 1424, 1748, 6387. 2864, 2865, 3466, 4196. 1 6 F .R . 2784. FEDERAL REGISTER, Tuesday, July 21, 1942 5541 food value limited to that of the blue­ means of the United States mails or by TITLE 19—CUSTOMS DUTIES berries from which the juice is extracted; any means in commerce as “commerce” (2) has any therapeutic value in the is defined in the Federal Trade Commis­ Chapter I—Bureau of Customs treatment of stomach disorders, ulcers, sion Act, which advertisement repre­ [T.D. 50682] constipation, accumulation of impurities, sents, directly or through inference, P a r t 19— C a r t a g e a n d L ig h t e r a g e im p a i r e d digestion, Intestinal bleeding, (a) That respondent’s product has any acidosis, anemia, arthritis, liver trouble, properties or value other than that of a IDENTIFICATION CARDS1 or menstrual disorders; (3) has any beverage having a food value limited to therapeutic value in the treatment of that of the blueberries from which the Article 1036, Customs Regulations of diabetes; (4) contains any organic min­ juice is extracted. 1937, amended to prescribe the procedure eral elements in quantities sufficient to (b) That respondent’s product has any in connection with the use of revised supply any mineral deficiency; (5) is a therapeutic value in the treatment of customs Form 3873 (Identification Card builder and cleanser of red blood, or that stomach disorders, ulcers, constipation, of Licensed Cartman or Lighterman or it is a flushing agent which promotes cell accumulation of impurities, impaired d i­ Employee Thereof). and tissue metabolism, or that it has gestion, intestinal bleeding, acidosis, Section 19.10 of the Customs Regula­ great healing power or resistance-build­ anemia, arthritis, liver trouble, or men­ tions of 1937 [Article 1036] is hereby ing properties; (6) is beneficial for nerve strual disorders. amended to read as follows: matter, especially upon heart nerves, or (c) That respondent’s product has any §19.10 Identification cards. Each that it promotes cell building, blood therapeutic value in the treatment of licensed cartman or lighterman arid fluidity, or makes body fluid alkaline; (7) diabetes,__ each employee thereof who receives or acts on the glands or that it has proper­ (d) That respondent’s product contains transports imported merchandise which ties beneficially affecting maintenance any organic mineral elements in quan­ has not been released from customs shall of mucous and other gland secretions; tities sufficient to supply any mineral possess an identification card, customs (8) enters into sensitive tissues, liga­ deficiency, Form 3873, with his photograph securely ments, and arterial walls, or is a powerful (e) That respondent’s product is a affixed thereto with glue or other adhe­ antiseptic, or that it will increase energy: builder and cleanser of red blood, or that sive substance. The cards shall also bear and (9) has properties effective in stim­ it is a flushing agent which promotes cell his signature in the space provided. ulating the liver, promoting bile flow, and tissue metabolism, or that it has Such identification card shall be issued beautifying the complexion, building great healing power or resistance-build­ by the collector only upon application on bone and teeth, or in repairing tissue; ing properties, customs Form 3078 of the licensed cart­ or which represent, as aforesaid, that tt} That respondent’s product is bene­ man or lighterman. The application the use of its said product is effective as ficial for nerve matter, especially upon shall be filed personally at the custom­ a tonic, eliminator, alkalizer, body heart nerves, or that it promotes cell house by the person for whom the appli­ builder, regulator, or as an antiseptic or building, blood fluidity, or makes body cation for the identification card is made, beautifier; prohibited. (Sec. 5, 38 Stat. fluid alkaline, together with two photographs of such 719, as amended by sec. 3, 52 Stat. 112; person in addition to the one to be af­ 15 U.S.C., sec. 45b) [Cease and desist (g) That respondent’s product acts on the glands or that it has properties bene­ fixed to the application. The fingerprints order, M ar-G ol Health Products Corp., of such person shall be taken on, customs Docket 4607, July 14, 19422 ficially affecting maintenance of mucous and other gland secretions, Form 3872 at the time of the filing of At a regular session of the Federal the application. The identification card Trade Commission, held at its office in the (h ) That respondent’s product enters into sensitive tissues, ligaments, and-ar- shall become valid when the United City of Washington, D. C., on the 14th States customs seal has been impressed day of July, A. D. 1942. terial walls, or is a powerful antiseptic, or that it will increase energy. thereon, which seal shall not be im­ This proceeding having been heard by pressed until after the card has been (i) That respondent’s product has thè Federal Trade Commission upon the otherwise completed. Each identifica­ properties effective in stimulating the complaint of the Commission, answer of tion card shall be prepared in duplicate. liver, promoting bile flow, beautifying the the respondent, testimony and other evi­ The original, after having impressed complexioh, building bone and teeth, or dence taken before Arthur F. Thomas, a thereon the customs seal, shall be pre­ in repairing tissue. trial examiner of the Commission there­ sented to the person in whose name the tofore duly designated by it, in support of (1) That the use of respondent’s prod-' card is issued and shall be in his pos­ uct is effective as a tonic, eliminator, al­ the allegations of said complaint and in session at all times when he is engaged opposition thereto, report of the trial kalizer, body builder, regulator, or as an in receiving or transporting the imported antiseptic or beautifier; examiner upon the evidence, briefs filed merchandise. The duplicate shall be re­ in support of the complaint and in oppo­ (2) Disseminating, or causing to be tained as an office record. It shall be sition thereto, and oral argument before disseminated, any advertisement by any the responsibility of each person to whom the Commission; and the Commission means, for the purpose of inducing, or an identification card is issued to protect having made its findings as to the facts which is likely to induce, directly or in­ it with an appropriate transparent cover and its conclusion that said respondent directly, the purchase in commerce as so that the face and back of the card has violated the provisions of the Federal “commerce” is defined in the Federal are visible without removing the cover. Trade Commission Act: Trade Commission Act, of respondent’s Whenever the employment of the holder It is ordered, That the respondent, product, which advertisement contains of an identification card is changed to Mar-Gol Health Products Corp., a cor­ any of the representations prohibited in another licensed cartman or lighterman, poration, its officers, representatives, paragraph (1) hereof and the respective the card, supported by an application in agents, and employees, directly or subdivisions thereof. proper form, shall be submited promptly through any corporate or other device in It is farther ordered, That the respond­ to the collector so that the change may connection with the offering for sale, sale, ent shall, within sixty (60) days after be made officially on the card and on the or distribution of its fruit juice product service upon it of this order, file with the customhouse records. The card shall be known as “Roberta Blueberry Juice,” or Commission a report in writing, setting submitted promptly to the collector when any other product of substantially simi­ forth in detail the manner and form in there is a change of address of the holder. lar composition or possessing substan­ which it has complied with this order. New cards shall be issued when necessary. tially similar properties, whether sold By the Commission. Should an identification card be pre­ under the same name or under any other [ s e a l ] O t i s B . J o h n s o n , sented by a person other than the one name, do forthwith cease and desist Secretary. to whom it was issued, such card shall from directly or indirectly, be forthwith confiscated. The identifica- (1) Disseminating, or causing to be [F . R . D oc. 42-6857; F iled , J u ly 18, 1942; disseminated, any advertisement by 10:60 a. m.] 1 T h is do cu m en t affects 19 C F R 19.10 5542 FEDERAL REGISTER, Tuesday, July 21, 1942 tion card shall be surrendered when the 6. The fruit units used were of suit­ able because they do not contribute the holder thereof leaves the employment of able sizes and shapes and were mixed essential orange-yellow color. a licensed cartman or lighterman for prior to or during canning. 20. Pears of any variety are suitable for employment of some other character- 7. The sugar sirups used were of two use in canned fruit cocktail. All outstanding identification cards is­ densities, each designed to contribute a 21. Any grapes of a “white” (pale sued to a licensed cartman or lighterman, particular degree of sweetness to the fin­ green), seedless variety are suitable for and to the employees thereof, shall be ished fruit cocktail. The liquid drained use in canned fruit cocktail. Dark-col­ taken up by the collector upon the sus­ from the finished fruit cocktail fell ored varieties of grapes are not suitable pension, revocation, or lapse of the li­ within the following density ranges, as for the reason that they would stain the cense of the cartman or lighterman. measured by the Brix hydrometer: other fruits. The seed of varieties hav­ Supplies of the revised customs Forms Not less than 18° but less than 22°; ing seed are objectionable in the product. 3078, 3872, and 3873, are now available 22° or more but not more than 35°. 22. Pineapple bf any variety is suit­ and may be secured by requisition on cus­ 8. Following such commercial intro­ able for use in canned fruit cocktail. toms Form 3039. Outstanding identifica­ duction other canners commenced the 23. Cherries of any light, sweet vari­ tion cards on the old issue of customs manufacture and sale of canned fruit ety, cherries artificially colored red, and Form 3873 are not required to be ex­ cocktail, and its sales have increased cherries artificially colored red and ar­ changed for the new form. (Secs. 565, until the product ranks high among tificially flavored, singly but not in com­ 624, 46 Stat. 747, 759; 19 U.S.C. 1565, canned fruits in point of quantity bination are suitable for use in canned 1624) [Article 10361 canned. fruit cocktail. Cherries of red sour and 9. When other canners began to make dark sweet varieties are unsuitable for [ s e a l ] G . H , G r i f f i t h , canned fruit cocktail they adopted the use because they would stain the other Acting Commissioner of Customs. name, the fruits used, the relative pro­ fruits. Approved: June 27, 1942. portions of the fruits, and the densities 24. In the preparation of cherries ar­ H e r b e r t E . G a s t o n , ’ of the sugar sirups used, all as estab­ tificially colored red and cherries arti­ Acting Secretary of the Treasury. lished by the originator of the product. ficially colored red and artificially fla­ 10. Throughout the life of the food it vored the cherries are subject to proc­ [F . R . D oc. 42-6840; Filed, J u ly 17, 1942; has been known as and labeled “fruit esses which eliminate most, if not all, 3:57 p. m.] cocktail” without exception other than of the natural juices, color and flavor, the occasional, synonymous use of the so that the finished product differs in terms “fruits for cocktail” and “cock­ color, flavor and food value from natural tail fruits”, and such names are com­ cherries. TITLE 21—FOOD AND DRUGS mon or usual names of the food. 25. The presence of cherries artificially Chapter I—-Food and Drug Administration 11. Except as noted in finding 50, such colored red or cherries artificially colored names have never been employed to red and artificially flavored is a signifi­ [Docket No. FDC-27] designate any other commercial canned cant factor in consumers’ preference for and choice of canned fruit cocktail. P a r t 27— C a n n e d F r u i t : D e f i n i t i o n s a n d food. * 26. The varieties of fruits specified in S t a n d a r d s o f I d e n t i t y ; Q u a l i t y a n d 12. Throughout the life of the product findings 19-23, inclusive, are the only F i l l o f C o n t a i n e r it has been prepared from a mixture of peach, pear, grape, pineapple and varieties used in canned fruit cocktail, CANNED FRUIT COCKTAIL cherry and from no other fruits, except and the presence of fruits of such varie­ Order at noted in finding 50. ties is an essential identifying character­ 13. Such fruits, when in forms of units istic of canned fruit cocktail. By virtue of authority vested in the suitable for fruit cocktail, are sufficiently 27. Each of the fruits used in canned Federal Security Administrator by the firm to withstand mixing and heating fruit cocktail must be mature. provisions of the Federal Food, Drug, and processes necessary in the preparation 28. Such fruits are suitable for use in Cosmetic Act, 52 Stat. 1046 and 1055, 21 of the food under good canning tech­ canned fruit cocktail when fresh or when U.S.C. secs. 341 and 371; the Reorgani­ nology as it now exists; whereas, all the previously canned. zation Act of 1939, 53 Stat. 561 ff., 5 U.S.C. other available fruits which are other­ 29. It is necessary that the fruits used sec. 133-133r; and Reorganization Plans wise suitable are not so adapted. in canned fruit cocktail be prepared as No. 1 (53 Stat. 1423, 4 F.R. 2727) and 14. Each of such fruits contributes its follows: The peaches are peeled, pitted, No. IV (5 F.R. 2421); and upon the basis distinctive flavor to the flavor combina­ and dicedr"the pears are peeled, cored of evidence received at the hearing tion originally desired and since main­ and diced; the grapes are stemmed; the herein; the following order is promul­ tained.. pineapple is peeled, cored and cut into gated hereby: 15. Such combination of fruit flavors is sectors or dice; and the cherries are Findings of»Fact an essential identifying characteristic of stemmed, pitted and cut into approxi­ canned fru it' cocktail. mate halves. 1. The food, canned fruit cocktail, was 16. Although many housewives prefer 30. Except as noted in finding 51 the originated for commercial distribution by to serve fruit cocktails of a more zestful fruits in canned fruit cocktail have al­ a California canner about 1930 and he flavor induced by the use of such fresh ways been used in such forms of units. applied the name, fruit cocktail, to it. fruits as oranges, grapefruit, bananas 31. Such forms of units are an essen­ 2. The food was designed for use, either and apricots, and frequently add these tial identifying characteristic of canned alone or in combination with other in­ fruits to canned fruit cocktail before fruit cocktail. gredients, as a cocktail, salad or dessert. serving it, nevertheless, canning tech­ 32. In addition to the identity of the One of these uses was as a fruit base to nology has not yet developed to the point fruits present, a factor essential in main­ which other fruits may be added in the that such fruits, when included in the taining the characteristic flavor and preparation of the food for table use. canned product, retain the character­ color combinations of canned fruit cock­ 3. The original fruit cocktail was mar­ istics desired by such housewives. * tail is the proportion of each fruit keted after extensive experimentation 17. Each of the fruits used in canned present. with component fruits and packing fruit cocktail contributes to the combina­ 33. Canned fruit cocktail is custom­ media. tion of colors considered desirable in this arily divided into individual servings, the 4. As first marketed it consisted of food for its use as a cocktail, salad, or number being proportionate to the size certain fixed fruits within certain fixed dessert. of the containers; 4% ounces represents ranges of proportions, packed in sugar 18. Such combination of colors is an an ordinary serving. sirups so controlled as to obtain certain essential identifying characteristic of 34. It is essential to the maintenance fixed ranges of density in the finished fruit cocktail. of the characteristic blend of flavors and product. 19. Peaches of any yellow variety are colors in each individual serving that 5. The component fruits were peach, suitable for use in canned fruit cocktail. each 4% ounces of the food, and any pear, grape, pineapple and cherry. Peaches of white varieties are unsuit­ fraction thereof greater than two ounces FEDERAL REGISTER, Tuesday, July 21, 1942 5543 contain not less than two sectors or 8 48. The liquid in the finished canned 58. There have also been introduced dice of pineapple and not less than one- fruit cocktail does not have a density sirups in which sugar has been replaced half cherry, these being the more ex­ of more than 35° Brix. Such a limita­ by invert sugar sirup, or in part by dex­ pensive fruit ingredients. tion is necessary to distinguish the food trose or corn sugar, com sirup, or corn 35. Throughout the life of the food, from other sweetened fruit products, sirup solids, as well as sirups in which except as noted in finding 53, the fruits such as preserves, and is an essential water is replaced by the fruit juices speci­ therein have been mixed within the fol­ identifying characteristic of canned fied in finding 56. Such sirups, includ­ lowing ranges of proportions by weight fruit cocktail. ing sugar simps, may be prepared for of the fruit in the fini^iied food, from 49. Based upon experience with and direct addition to the fruits or drained which the packing medium has been understanding of the composition of from any of the fruits previously canned drained: canned fruit cocktail, the purchaser in the respective ingredients of such sir­ Peach, not less than 30 nor more than thereof understands it to be a food com­ ups. If any water is used, directly or 50 percent. posed of the kinds and varieties of fruits indirectly, in the preparation of such Pear, not less than 25 nor more than hereinbefore stated, in the forms of units sirups, according to established trade 45 percent. and in the proportions hereinbefore practice they are considered to be plain Grape, not less than 0 nor more than stated, and in one of the two optional sirups and not fruit juice sirups. 20 percent. sirups hereinbefore designated. 59. Equal quantities of the solids of all Pineapple, not less than 6 nor more 50. Occasionally in the past and re­ such saccharine agents yield sirups of than 16 percent. cently more frequently, fruit mixtures of practically equivalent specific gravities. Cherry, not less than 2 nor more than degraded and cheaper composition have Therefore, densities of the new sirups 6 percent. been sold under the name of canned have consistently followed the traditional 36. Such ranges are necessary because fruit cocktail in order to take advantage densities of the sugar sirups used as pack­ of the impossibility of obtaining uniform­ of the increasing popularity of that food ing media in canned fruit cocktail, under ity of the mixture by the methods em­ at the expense of the purchasing public. the same designations as to density of ployed in good manufacturing practice. 51. Such frauds have been of three “heavy” and “extra heavy”. 37. Combination of the fruits within kinds: (a ) the substitution of cheaper 60. Sugar is the refined product in such ranges of proportions is an essen­ fruits; (b ) the use of large proportions crystallized form commonly obtained tial identifying characteristic of canned of the cheaper fruits recognized as in­ from sugar cane or sugar beet; it is fruit cocktail. gredients of canned fruit cocktail, and chemically known as sucrose. 38. yhe presence of a liquid packing therefore of smaller proportions of the 61. W hen sugar in solution is subjected medium in canned fruit cocktail is es­ expensive fruits than the proportions to certain treatments with the enzymes sential to permit it to be processed by necessary for the customary uses of the invertase or certain acids, it is wholly heat so as to prevent spoilage. product; (c) the use of slivers, fragments, or partly converted into levulose and dex­ 39. The presence of a liquid" packing or other misshapen units of fruit com­ trose, the quantities of levulose and dex­ medium is an essential identifying char­ monly regarded as unsuitable for use in trose produced being equal. This chemi­ acteristic of canned fruit cocktail. canned fruit cocktail. cal reaction is commonly known as the 40. The liquid packing medium used 52. The growing tendency toward these inversion of sugar. throughout the life of the product, ex­ debasing practices causes other canners 62. Invert sugar sirup is an aqueous cept as noted in finding 53, has been one to engage in similar practices in order to solution of sugar or partly refined sugar of two optional sugar sirups, which are meet competition. This leads to the rea­ which has been wholly or in large part distinguished by the density and sweet­ sonable expectation that a continuation inverted with the enzyme invertase or ness of the liquids in the finished prod­ of the trend will result in the further with hydrochloric or other acid, and uct. | ; l & jg * , •. degradation and loss of identity of the which, if acid is used, has been neutral­ 41. Consistent with trade practice pre­ product known to the consumer as ized with a carbonate. viously established in connection with canned fruit cocktail; all at the expense 63. The quantity of ash present in in­ other canned fruits packed in sirupk of of honesty and fair dealing in the inter­ vert sugar sirup is in general indicative similar sweetness and densities, such est of consumers. of the degree of refinement of the sugar sirups were designated in the industry 53. Since 1937 various new packing in such simp. and are commonly known to consumers media have been used in relatively small 64. An invert sugar sirup which is in­ as “heavy” and “extra heavy”. portions pi the pack of canned fruit cock­ sufficiently refined and which has an ab­ 42. The sirup of lighter density and tail. normally high ash content contributes a sweetness is that in which the liquid, 15 54. The special dietary uses of foods characteristic flavor, odor, and color days or more after canning, is not less low in carbohydrates have recently led which renders it unsuitable for use as a than 18° Brix but less than 22° Brix. to the use of water as the sole packing saccharine substance in preparing pack­ 43. The sirup of heavier density and medium of some canned fruit cocktail. ing media for canned fruit cocktail. sweetness is that in which the cut-out 55. W ater may be added directly to the 65. An invert sugar sirup which is suf­ liquid, 15 days or more after canning, is mixture of fruits, through the use of the ficiently refined to be suitable for use as not less than 22° Brix but not more than packing media of such fruits originally a saccharine substance in preparing a 35° Brix. canned in water. Whenever any quantity packing medium for canned fruit cock­ 44. The density of any such packing of water is introduced into fruit juice, tail contains not more than 0.3 percent medium, before it is mixed with the fruit directly or indirectly, the entire liquid ash in its solids, and is colorless, odorless (“ingoing”), differs from its density as of the packing medium is considered to and flavorless except for sweetness. be water and not fruit juice for the pur­ present in the finished canned fruit cock­ 66. W hen a sugar solution is used as poses of a packing medium in canned tail ( “cut-out”) , by reason of the blend­ the packing medium for canned fruit fruit cocktail, because of the inherent ing of such packing medium with the cocktail, the natural acids of the fruits, liquid from the fruit. opportunities for fraud in introducing aided by the heat processing, invert a water into fruit juices. 45. The charge in density of the pack­ part of the sugar. ing medium in the sealed and heat-proc­ 56. There has recently been a growing 67. When sugar is used in a packing essed can progresses to an equilibrium increase of the use as packing media of medium, it is immaterial whether its in­ which is reached within fiftten days from the juices of the fruits present in fruit version occurs before or after the addi­ the date of sealing in the can. cocktail. Such juices may be expressed tion of the packing "medium to the fruit, 46. By following accepted commercial from one or more of such fruits or they and immaterial whether it is the dry sub­ practices, at least the minimum of the may be drained from such fruits orig­ stance or a concentrated aqueous solu­ desired density range of the cut-out inally canned in such juice. liquid can be obtained with certainty. 57. Such juices sometimes require tion. For all practical purposes in the 47. Canned fruit cocktail is sealed in straining or filtering to remove insoluble preparation of canned fruit cocktail, a container and is so processed by heat fruit solids which would cloud the liquid therefore, such refined invert sugar as to prevent spoilage. of the canned fruit cocktail. sirups, when diluted to the proper den- No. 142------2 5544 FEDERAL REGISTER, Tuesday, July 21, 1942 sity, are the same as sugar sirups pre­ 75. W hen equal weights of the solids artificially colored red and artificially pared by dissolving sugar in water. of sugar (whether inverted or not), of flavored, water, fruit juice, heavy sirup, 68. Dextrose is the anhydrous or hy­ dextrose, and of corn sirup (whether extra heavy sirup, heavy fruit juice sirup drated, refined monosaccharide obtained added as corn sirup or as dried com and extra heavy fruit juice sirup, pre­ by complete hydrolysis of any starch, in­ sirup), are each dissolved in water to pared as described in the preceding find­ cluding cornstarch. make solutions of the same volume, the ings, are optional ingredients permissible 69. Com sirup is the product ob­ densities and calorific food values of such in canned fruit cocktail, the common tained by incomplete hydrolysis of corn­ solutions are not materially different names of which are the terms whereby starch and is a concentrated aqueous so­ from each other. they are herein listed. lution of dextrose and maltose, which 76. There are slight differences in the Upon the basis of the foregoing de­ are members of the class of substances cost of the different saccharin substances tailed findings of fact, it is found that known as reducing sugars, and the non­ from which sweetened packing media are the promulgation of the attached pro­ sugar substance dextrin. W hen suffi­ made, but such differences are not of m a­ posed regulation fixing and establishing ciently hydrolized for use as a saccharine terial significance to consumers. a definition and standard of identity for substance in a packing medium for 77. By reason of their lesser sweetening canned fruit cocktail, canned cocktail canned fruit cocktail, its solids contain properties, dextrose or corn sirup, or any fruits, canned fruits for cocktail, and re­ not less than 58 percent reducing sugars. mixture of these, are always used in com­ quiring certain optional ingredients 70. Corn sirup solids is dried corn si­ bination with sugar when used in pre­ thereof to be named on the label will rup; it differs from corn sirup only in paring sweetened packing media for promote honesty and fair dealing in the that water is removed by drying. When canned fruit cocktail and the quantity of interest of consumers. sufficiently hydrolized for use as a sac­ dextrose or corn sirup used is always lim­ Regulation charine substance in a packing medium ited to such amounts that the packing for canned fruit cocktail, its solids con­ medium in the finished canned fruit § 27.040 Canned fruit cocktail, canned tain not less than 58 percent reducing cocktail is substantially of the same de­ cocktail fruits, canned fruits for cock­ sugars. Since the liquid component of gree of sweetness as one of like density tail— identity; label statement of optional corn sirup is water and since added water prepared from sugar alone. ingredients, (a) Canned fruit cocktail, is necessary in the. preparation of fruit 78. The degree of sweetness of any pack­ canned cocktail fruits, canned fruits for cocktail it is immaterial whether the corn ing medium in which dextrose of corn cocktail, is the food prepared from the sirup is in a liquid or dry state and, for all sirup, or any mixture of these, is used mixture of fruit ingredients prescribed practical purposes in the preparation of in combination with sugar becomes pro­ in paragraph (b ), in the forms and pro­ canned fruit cocktail, corn sirup may be gressively less in relation to the density portions therein prescribed, and one of considered to include dried corn sirup. of such packing medium as the quantity the optional packing media specified in 71. Important factors on the basis of of dextrose or corn sirup, or any mix­ paragraph (c ) . It is sealed in a container which packing media of different packs ture of these, is increased, so that, in the and is so processed by heat as to prevent of canned fruit cocktail are differentiated absence of a limitation of such quantity, spoilage. from each other are their density, flavor, the density within the range specified (b) The fruit ingredients referred to in food value, and sweetness; each of such for any given packing medium would paragraph (a ), the forms of each, and factors is a significant element in the cease to provide a basis for identifying the percent by weight of each in the mix­ production cost and sale price of canned such packing medium as to sweetness. ture of drained fruit from the finished fruit cocktail, and in consumers’ prefer­ 79. A sweetened packing medium pre­ canned fruit cocktail are as follows: ence. pared from a mixture of sugar and dex­ (1) Peaches of any yellow variety, 72. The density, and hence the degree trose in a proportion of two parts of which are pitted, peeled, and diced, not of sweetness, of a sweetened packing me­ sugar and one part of dextrose, or from less than 30 percent and not more than dium is not fixed precisely but only within a mixture of sugar and corn sirup in a 50 percent; a specified range. Therefore the same proportion of three parts of sugar and (2) Pears of any variety, which are kind of packing medium may vary in one part of corn sirup, or from a mixture peeled, cored, and diced, not less than 25 density and sweetness within its own of sugar, dextrose, and corn sirup in such percent and not more than 45 percent; range to a noticeable degree irrespective proportion that the weight of the dex­ (3) Whole grapes of any seedless vari­ of the saccharin substance from which trose multiplied by two plus the weight ety, not less than 6 percent and not more it is made. of the corn sirup multiplied by three than 20 percent; 73. Different varieties of the same equals the weight of the sugar, is sub­ (4) Pineapples of any variety, which fruit, and fruits of the same variety of stantially as sweet as a finished packing are peeled, cored, and cut into sectors or different degrees of maturity, and fruits medium of like density prepared from into dice, not less than 6 percent and of the same variety and substantially the sugar alone. not more than 16 percent; and same degree of maturity but obtained 80. There is no substantial difference (5) One of the following optional from different localities or from differ­ in the degree of sweetness between cherry ingredients, each of which is ent parts of the same tree, frequently canned fruit cocktail packed in any one stemmed, pitted, and cut into approxi­ differ in acidity, sugar content, and other of the packing media specified in finding mate halves, not less than 2 percent and properties, and such differences affect 79 and the same kind of canned fruit not more than 6 percent; the sweetness of the sweetened packing cocktail packed in any one of the other (i) Cherries of any light, sweet media of the different packs of canned packing media therein specified. Such variety; fruit cocktail containing such fruits, so difference as may exist between such (ii) Cherries artificially colored red; or that even though a packing medium of a packing media is ordinarily not notice­ (iii) Cherries artificially colored red fixed density made from the same sac­ able to consumers in the finished packs and artificially flavored. charin substance is used for each of such of canned fruit cocktail unless they make Each such fruit ingredient is prepared packs of canned fruit cocktail there is comparative tasting tests and some con­ from mature fruit which is fresh or some detectable difference in sweetness sumers cannot distinguish between them canned. Notwithstanding the preceding between such finished packs of canned upon making such tests. provisions of this paragraph, each 4x/2 fruit cocktail. 81. When sugar is replaced with dex­ ounces avoirdupois of the finished canned fruit cocktail and each fraction thereof 74. One of the differences, among oth­ trose or corn sirup, or any mixture of greater than 2 ounces avoirdupois con­ ers, between the saccharin substances these, in proportions greater than those specified in finding 79, so as to produce tain not less than 2 sectors or 3 dice of used in the preparation of the packing a packing medium equivalent in sweet­ pineapple and not less than 1 approxi­ media for canned fruit cocktail is a dif­ ness to one prepared from sugar alone, mate half of the optional cherry ference in their degree of sweetness, sugar the relationship between density and ingredient. being the sweetest, dextrose being about sweetness normally expected in sweet­ (c) The optional packing media re­ two-thirds as sweet as sugar, and corn ened packing media is destroyed. ferred to in paragraph (a) are as follows: sirup being about one-half as sweet as 82. Cherries of any light, sweet variety, (1) Water; sugar. cherries artificially colored red, cherries (2) Fruit juice; FEDERAL REGISTER, Tuesday, July 21, 1942 5545

(3) Heavy sirup; (6) When the optional packing me­ to, and deletions from The Proclaimed (4) Extra heavy sirup; dium is prepared with früit juice and last of Cetrain Blocked Nationals, Revi­ (5) Heavy fruit juice sirup; and invert sugar sirup or com sirup other sion H of M ay 12, 1942 (7 F.R. 3587), is (6) Extra heavy fruit juice sirup. than dried corn sirup, it shall be con­ hereby promulgated. sidered to be heavy sirup or an extra By direction of the President: Each of packing media (3) and (4) is prepared with water as its liquid ingre­ heavy sirup, as the case may be, and not C o r d e l l H u l l , a heavy fruit juice sirup or an extra dient, and each of packing media (5) and Secretary of State. heavy fruit juice sirup. (6) is prepared with fruit juice as its liq­ H. M o r g e n t h a u , Jr., (7) The term “heavy sirup” or “extra uid ingredient. Except as provided in Secretary of the Treasury. heavy sirup” includes a sirup, which paragraph (d) (6), each of packing media F r a n c i s B i d d l e , conforms in all other respects to the (3) to (6 ), inclusive, is prepared with any Attorney General. provisions of this section, in the prepa­ one of the following saccharine ingredi­ J e s s e H . J o n e s , ration of which there is used the liquid ents: sugar; or any combination of sugar t Secretary of Commerce. drained from any fruit ingredient pre­ and dextrose in which the weight of the M i l o P e r k i n s , viously canned in a packing medium solids of the dextrose used is not more Executive Director, consisting wholly of the liquid and sac­ than one-half the weight of the solids of Board of Economic Warfare. charine ingredients of a heavy sirup or the sugar used; or any combination of N e l s o n A. R o c k e f e l l e r , extra heavy sirup. sugar and corn sirup in which the weight Coordinator of Inter- (8) Except as provided in subpara­ of the solids of the corn sirup used is not American Affairs. graph (6) of this paragraph, the term more than one-third the weight of the J u l y 17, 1942. “heavy fruit juice sirup” or “extra heavy solids of the sugar used; or any combina­ General Notes: (1) The Proclaimed List Is tion of sugar, dextrose, and corn sirup fruit juice sirup” includes a sirup, which conforms in all other respects to the pro­ divided into two parts: part I relates to list­ in which the weight of the solids of the ings in the American republics; part II relates visions of this section, in the preparation dextrose used multiplied by 2, added to to listings outside the American republics. of which there is used the liquid drained the weight of the solids of the corn sirup (2) In part I titles are listed in their letter- used multiplied by 3, is not more than the from any fruit ingredient previously address form, word for word as written in canned in a packing medium consisting that form, with the foUowing exceptions: weight of the solids of the sugar used. If the title includes a full personal name, The respective densities of packing media wholly of the liquid and saccharine in­ that is, a given name or initial and surname, (3) to (6), inclusive, as measured on the gredients of heavy fruit juice sirup or extra heavy fruit juice sirup. the title is listed under the surname. Brix hydrometer, fifteen days or more Personal-name prefixes such as de, la, von, (e) (1) The optional ingredients after the fruit cocktail is canned, are etc., are considered as part of the surname specified in paragraphs (b) (5) (ii) and within the range prescribed for each in and are the basis for listing. the folowing list: (iii) and (c) (1) to (6 ), inclusive, are The listing is made under the next word hereby designated as optional ingredi­ of the title when the initial word or phrase, N u m ber o f ents which, when used, shall be named or abbreviation thereof, is one of the follow­ packing m e d iu m : Brix measurement ing Spanish forms or similar equivalent forms (3 ) an d ( 5 ) 18° o r m ore b u t less tb a n 22°. on the label by the name whereby each is so specified. in any other language: (4) and (6)__ 22° or more but not more Compañía; Cía.; Comp. t h a n 3 5°. (2) Such names shall iihmediately and Compañía Anónima; C. A.; Comp. Anón. conspicuously, without intervening writ­ Sociedad; Soc. (d) For the purposes of this section— ten, printed, or graphic matter, precede (1) The term “water” means, in ad­ Sociedad Anónima; S. A.; Soc. Anón. or follow the name “fruit cocktail”, (3) The indication of an address for a dition to water, both the liquid drained “cocktail fruits”, or “fruits for cocktail” name on the list is not Intended to exclude from any fruit ingredient previously wherever it appears on the label so con­ other addresses of the same firm or Individual. canned in water as its sole packing me­ spicuously as to be easily seen under A listed name refers to all branches of the dium and any mixture of water and customary conditions of purchase. business in the country. fruit juice, including the liquid drained P a r t I— L i s t i n g s i n A m e r i c a n R e p u b l i c s from any fruit ingredient previously The regulations hereby promulgated canned in such mixture. shall become effective on the ninetieth a d d i t i o n s (2) The term “fruit juice” means the day following the date of publication of Argentina fresh or canned, expressed juice or juices this order in the F ederal R egister. (52 of one or more of the mature fruits Stat. 1046, 53 Stat. 561ff; 21 U.S.C., sec. Arbolito, S. de R. L.— Chacabuco 430, named in subsection (b ), including the 341; 5 U.S.C., sec. 133-133r; and Reor­ Buenos Aires. Bergdolt, Alberto.— Piedras 736-44, liquid drained from any fruit ingredient ganization Plans Nos. I and IV, 4 F.R. Buenos Aires. previously canned in such juice or juices 2727, 5 F.R. 2421) Bruggemann, Heinrich.— Agüero 1549, as its sole packing medium, to which no [ s e a l ! W a t s o n B. M i l l e r , water has been added, directly or indi­ Buenos Aires. Acting Administrator. Cebral, Antonio.— Congreso 2287, Bue­ rectly. Fruit juice may be strained or J u l y 17, 1942 filtered. nos Aires. (3) The term “sugar” means refined [F . R . D oc. 42-6856; F U ed, J u ly 18, 1942; Chiesa, Elio.— Esmeralda 320, Buenos 10:31 a. m.] Aires. sucrose or invert sugar sirup. The term “invert sugar sirup” means an aqueous Cine Ideal Monroe.—Monroe 3245, Buenos Aires. sirup of inverted or partly inverted, re­ Combescot, Jean. — Sarmiento 354, fined or partly refined sucrose, the sol­ ids of which contain not more than 0.3 TITLE 22—FOREIGN RELATIONS Buenos Aires. percent by weight of ash and which is Fábrica de Jabones y Productos Quími­ Chapter III—Proclaimed List of Certain colorless, odorless and flavorless except cos “El Puma”.—Estados Unidos 176, Blocked Nationals Éahía Blanca. for sweetness. Fábricas Reunidas de Utiles Sanitarios (4) The term “dextrose” means the S u p p l e m e n t 4 t o R e v is io n H S. A.— Callao 1063, Buenos Aires. hydrated or anhydrous, refined mono­ By virtue of the authority vested in Fernández Prado, Manuel.— Comodoro saccharide obtained from hydrolized the Secretary of State, acting in conjunc­ Rivadavia. starch. tion with the Secretary of the Treasury, Frasca, Felice (D r.).— Bartolomé Mitre (5) The term “com sirup” means an the Attorney General, the Secretary of 311, Buenos Aires. aqueous solution obtained by the incom­ Commerce, the Board of Economic W ar­ Freund, Arturo.— Avenida San Martín plete hydrolysis of corn starch and in­ fare, and the Coordinator of Inter- 7161, Buenos Aires. cludes dried corn sirup; the solids of corn American Affairs, by Proclamation 2497 Grieco, José Andrés.— Esmeralda 320, sirup and dried com sirup contain not of the President of July 17, 1941 (6 F.R. Buenos Aires. less than 58 percent by weight of reduc­ 3555), the following Supplement 4 con­ Heines, Sixta.— Bartolomé Mitre 3925, ing sugars. taining certain additions to, amendments Buenos Aires. 5546 FEDERAL REGISTER, Tuesday, July 21, 1942

Lynen, Gustavo.— Estados Unidos 176, Dufour, Emile.— Agustinas 711, San­ Renftel, Kurt.—Nueva York 80, San­ Bahía Blanca. tiago. tiago. Mezger, Alberto.— Chacabuco 430, Bue­ Echeverría, Renard y Cía. Ltd.— San­ Richter, Hellmuth.— Camilo Henríquez nos Aires. tiago. 524, Valdivia. Moreira, Juan Carlos.— Cangallo 559, “El Radio Expreso”.— Huérfanos 2566, Rosende S., Germán.— Huérfanos 1294, Buenos Aires.. Santiago. Santiago. Oehley, Max.— Alsina 971, Buenos Aires. “Estación de Servicio Londres”.— San Saelzer Boettinger, Jorge.— Valdivia. “Rolaf”.—Avenida San Martín 1161, Ignacio 224, Valparaíso. Saelzer, Hermann.— Valdivia. Buenos Aires. Exss, Gustavo.— San José de la M ari- Saelzer y Sehwarzenberg, Ltda.—San Sigmaringo, Eduardo P.— Avenida Pres­ quina. Carlos 115 y Pérez Rosales 600, Valdivia; idente Roque Sáenz Peña 501, Buenos Fábrica Calzado Weiss.— Pérez Rosales Ramírez esquina Bulnes y Ramírez 914, Aíres. 1390, Valdivia. Osorno; and all branches in Chile. Vendemiati, Pablo.— Lavalle 1J18, Bue­ Ferrero C., Santiago. — Chacabuco Scassi-Buffa, Odoardo.— Arlegui 155, nos Aires. 2621, Valparaiso. Viña del Mar., and all branches in Chile. Wagenpfeil, Enrique.—Monroe 3245, Fischer, Ottmar.— Picarte 1129, Val­ Schiappacasse, Benedetto.—21 de Buenos Aires. divia. Mayo 1254, Tocopilla. Wolters, Juan.— Moreno 970, Buenos Gandulfo Baumann, Salvador.— Coch­ Schmidt Romforth, Heriberto.—Err- Aires. rane 819, Valparaiso. ázuriz 301, piso 1°, Valparaiso. Bolivia Gantz S., Guillermo.— Casilla 17, La Schüler, Carlos, Libertad 9, Valdivia. Unión. Schüler, Pablo.— Valdivia. Carpintero, Juan A.— La Paz. Hahn B., Reinaldo.—Agustinas 972, Schutz y Cía., Ltda., A.— Maipú esquina Casa “Marmo”.— Bolívar 646, Oruro. oficina 339, y Avenida Larraín 6478, San­ M. Pérez, Valdivia, and all branches in Christiansen, Walter.— Cochabamba. tiago. Chile. Copa Pérez, Marcelino.— Oruro. “Havastele” Agencia Noticiosa.— Agus­ Sehwarzenberg Thater, Pablo.—Val­ Delius, Antonio.— La Paz. tinas 711, Santiago. divia. Gross, Margarita Vladislavió de.— Hochstetter y Cía., Ltda.— Santo Do­ Soto Carrasco, Heriberto.— Dieciocho Bolívar 95-97, Potosí. mingo 1022, Santiago. 346 (Casilla 1084), Santiago. Hubert y Cía.—La Paz and Cocha- Hoffmann Thater, Otto.—Pérez Ro­ Spann, Hermán.—Quinto “El Pro­ bamba. sales 786, Valdivia. greso,” La Cruz; and Independencia 2085 “IBUSA” Industrias Bolivianas Unidas Hoffmann Thater, Pablo.— Portal Fer­ (Casilla 3157), Valparaiso. S. A.— Casilla 215, La Paz. nández Concha 960, dept. 218, Santiago. Specht y Cía., Ltda., Hugo.— J. R. Gu­ Laguna, Martinic y Cía.— Calvo 23-25 Holzapfel, Clemente.— Casilla 33, Val­ tiérrez 282, Santiago. (Casilla 70), Sucre. divia. Suplemento Ilustrado del Diario “El Marmo, Kimimichi.—Bolívar 646, Hübner, George.— Berger 2076, Chor­ Radio Expreso”.— Huérfanos 2566, Santi­ Oruro. rillos, Viña del Mar. ago. Sato, Hiroaki.— Eucaliptus and Oruro. Imprenta “Artuffo”.— Huérfanos, 2566, Talleres Gráficos del Diario Alemán.— Thames, José.— La Paz. Santiago. Unión Literaria 1925, Santiago. Vilaseca Ríos, Antonio.— Potosí. Industrial Kunstmann S. A., Soc.— “Trabajo”.— Rosas 1281, Santiago. Brazil Picarte 449, Valdivia. Transportes Fluviales S. A.—Yungay Industrial y Comercial Hoffmann, S. 231, Valdivia. “C IM A ” S. A., Companhia Industrial Vega Blantlot, Roberto.— Huérfanos A.— Valdivia. Mercantil e Agrícola.—Rúa Libero Keller R., Carlos.— Morandé 720, San­ 1039, Santiago. Badaró 137, Sao Paulo. tiago. Venezian de Sanctis, Sergio.— Errázu- Metz, Cari.— Rio de Janeiro. Kunstmann Munninch, Victor.—Pi­ riz 401, Valparaiso. Vuillemin, Rémy.— Prat 221, Santiago. Chile carte 449, Valdivia. Lacquaniti G., Alberto.— Ecuador 133 Vuillemin & Ebérhard Ltda.— Prat 221, Acción Chilena.— Huérfanos 1039, San­ (Casilla 233), Viña del Mar. Santiago. tiago. Weiss, Alfredo.— General Lagos 1394, Librería Médica Universal.—Huér­ Agrícola “Porvenir”, Soc.— Indepen­ fanos 972, Santiago. Valdivia. dencia 601, Valdivia. Weiss e Hijos, Alfredo.— Picarte 398, Ludwig, Carlos (Dr.).—Casilla 227, Aninat, Armando.— Quilpué. Puerto Montt. Valdivia. Artuffo, Esteban.— Huérfanos 2566, Wendler, Otto.— Picarte 483, Valdivia. Maderera “Valdivia” S. A., Cía.— A rau- Santiago. Werkmeister, Federico.— Á venid* co 22, Valdivia. Blunck, Gualterio.— Huérfanos 972, Pratt 470, Valdivia. Martens B., Ernesto.— Independencia Santiago. Werkmeister y Cía.— Avenida Pratt 470 623, Valdivia. Bosco, Hermanos.— Esmeralda 1132, (Casilla 97), Valdivia. Mayenberger, A 1 f o n s o.— Huérfanos, Valparaiso. Westkusten Beobachter.— Nueva York 972, Santiago. Buchholz, Gustavo.—Higuera 133, 80, Santiago. Mayenberger, Hermann.— Huérfanos Cerro Alegre, Valparaiso. Wulle Krapht, Juan.— Quinta "El Pro­ 972, Santiago. “Casa Cotroneo”.— Ecuador 133, Viña greso”, La Cruz; and Independencia 2085 Mücke Hoffmann, Francisco.— Casilla del Mar. (Casilla 3157), Valparaiso. 10, Ancud. Central de Homeopatía Hahnemann.— Zárate Martínez, Luis.— San Ignacio Neef Rave, Arturo.— Prat 769 y Balma- Santo Dominingo 1022, Santiago. 224, Valparaiso. ceda s/n, Valparaiso. Cigarrería Richter.— Camilo Henríquez Ziegele y Cía., A.— Picarte 46 (Casilla Oettinger Stegmaier, Adolfo.— Picarte 524, Valdivia. 59-D), Valdivia. Club Alemán Plaza.— Camilo Henri- 449, Valdivia. quez 540, Valdivia. Osterloh y Cía., O.—Prat 834, Val­ Colombia Club Alemán Unión.— Independencia paraiso. Bieler, Werner.— Medellín. 451, Valdivia. Pitto, Solari y Cía., Ltda.—Avenida Club de Ventas de Artículos “Delta”.— D’Assurances Générales, Cié.—Prat Uruguay 152 (Casilla 4070), Valparaiso. Medellín. 221, Santiago. Pohl y Cia., Alberto.— Villarica s/n, Croce, Giovanni Roberto.— Carretera Demelt von Bach, Guillermo.—San Loncoche. del Sur (Charquito), Bogotá. Francisco esquina San José (Casilla Raddatz Raddatz, Otto.— Salvador 19 Croce, Fábrica de Materiales de Con­ 1697), Puerto Varas. (Casilla 5D), Puerto Varas. strucción de Giovanni Roberto.— Carre­ Deutscher, Verein Plaza.—Camilo Raíble W., Otto.— Luis Beltrán 1832, tera del Sur (Charquito), Bogotá. Henríquez 540, Valdivia. Santiago. Eggers, Christian.— Bogotá. Deutscher Verein Unión.— Indepen­ Rathje, Ricardo.—Yungay 251, Val­ Hotel Tivoli-Natili.— Paseo B o lív a r , 20 dencia 451, Valdivia. divia. de Julio, Progreso, Barranquilla. FEDERAL REGISTER, Tuesday, July 21, 1942 5547

Industria de Sombreros Ital-Colombi- Alvarez, Victor M.— Copacabafia 510, Brazil ana.— Calle Obando, Carrera Alondra, Lima. For Branco, Airain Vidal.— Florianóp- Barranquilla. Asea, Armando.— Iquitos 1129, Lima. “ISIC” Industria de Sombreros Italo- Berry, G. Harold.— Lampa 836, Lima. olis, Santa Catharina, substitute Branco, Alfrain Vidal.— Florianópolis, Santa Ca­ Colombiana.— Calle Obando, Carrera Nagatsuna, Hideo.— Junín 312 y Mon­ tharina; and all branches in Brazil. Alondra, Barranquilla. tero Rosas 1154-B, Lima. Lacorazza, José.— Plaza de San Nicolás, Ogura Hermanos.— Paruro 883, Lima. For Cardoso, Emilio (Jr.).— Florianóp­ Barranquilla. olis, Santa Catharina, substitute Cardoso, Uruguay Lacorazza, Romualdo.— Plaza de San Emidio (Emilio) (Jr.).—Florianópolis, Nicolás, Barranquilla. Avenatti, Vittorio.— Rivera. Santa Catharina; and all branches in Lacorazza, Hermanos.— Plaza de San Bergengruen, Paul Rudolf.—21 de Brazil. Nicolás, Barranquilla. Setiembre 3077, Montevideo. For Charutos Dannemann, Cia. de.— Massazza, Giametto.— Calle 59 No. 52- Bongoll, Guillermo. — Bequeló 2332, Rua Portugal 1, Bahia; and Rio de Ja­ 53, Medellín. Montevideo. neiro substitute Dannemann, Companhia Natili, Antimo.— Barranquilla. Cominotti, Pietro.— Carmelo. de Charutos.— Rua Portugal 1, Bahia; Schultze, Erich.— Carrera 37 No. 26-01, de Santis, Doménico.— Paysandú. and Rio de Janeiro, and Charutos Danne­ Bogotá. Frick, Carlos.— Durazno. mann Cia. de.— Rua Portugal 1, Bahia; Varani, Atilio.—Paseo Bolívar, 20 de Frick-Davie, Carlos (Dr.).—Plaza Li­ and Rio de Janeiro. Julio, Progreso, Barranquilla. bertad 1356, Montevideo. For Cunha, Orlando.—Florianópolis, Varani, Ernesto.— Paseo Bolívar, 20 de Lamenza, Emilio.— San José. Santa Catharina, substitute Cunha, O r­ Julio, Progreso, Barranquilla. Magerl, Arturo.— Estancia “La Estiria”, lando Ferreira.—Florianópolis, Santa Trinidad, Departamento de Flores. Catharina; and all branches in Brazil. Costa Rica Piccinino, Carminantonio Donato.— For do Krappe, Leo G. Sezefro.— Flori­ Almacén Peoli, S. A.— San José. Florida. anópolis, Santa Catharina, substitute Brenes Torres, Rodolfo.— San José. Popelka, Victor.— Salto. Krappe, Leo G. Sezefredo.— Florianópolis, Domínguez F., Germán.— Aserrí. Putti, Guido.— Mercedes. Santa Catharina; and all branches in Garage del Correo.— San José. Rainusso, Emilio.— La Paz. Brazil. Iezzi, Alfredo.— San José. Rauhut, Rodolfo.—Camino Propios For Manchinas Alnorma Ltda., Soc. La Casa Ursus.— San José. 2499, Montevideo. de.— Rua Säo Pedro 89, Rio de Janeiro, Royo, Emilio.— 28 Miles and Puerto Schering, Productos Farmacéuticos.— substitute “Alnorma”, Soc. de Machinas Limón. Y i 1227, Montevideo. Ltda.— Rua Säo Pedro 89, Rio de Janeiro. Schroeder, Ricardo.— Puerto Limón. Schmidt, Guillermo. — Paysandú 935, For Machinas de Escrever Olympia piso 3, Montevideo. Cuba Ltda.— Dua Theóphilo Ottoni 86 (Caixa Solaro, Stéfano.— Salto. Postal 2754), Rio de Janeiro, substitute Gómez Varela, Ramón.— 10 de Octubre Venezuela Olympia, Machinas de Escrever Ltda.— 13 (bajos), Habana. Rua Theóphilo Ottoni 86 (Caixa Postal Commercial de Crédito, Cía. Anón.— Dominican Republic 2754), Rio de Janeiro. Apartado 69, Caracas. For Marelll Motores S. A.—Rua Luiz Langa, Antonio.— Ciudad Trujillo. dé Egilegor, Manuel.—Punceres a Es­ de Camôes 22, Rio de Janeiro, substitute calinatas 15 y 19 (Apartados 447 y 474), Ecuador Motores Marelli S. A.— Rua Camerino 91- Caracas. 93, Rio de Janeiro. Dirani B., Humberto.— Chile 8 (Apar­ Domus.— Gradillas a Sociedad 4, Ca­ For Mimósa Photo Stubbe Stuebing e tado 111), Quito. racas. Essig, Julius.— Torre a Veroes 11, C a­ Cia., Ltda.— Rua General Cámara 106, Guatemala Rio de Janeiro, substitute Mimosa racas. Albrecht, Jorge y Fritz.— San Felipe Hotel Cervantes.— Punceres a Escalin­ Photo.1—Rua General Cámara 106, Rio de Janeiro, and Photo Mimósa.1—Rua Retalhuleu. atas 15 y 19 (Apartados 447 y 474), Ca­ General Cámara 106, Rio de Janeiro. Feddersen, Teodoro.— Senahú, Alta racas. Verapaz. Industrias del Hierro.— Puerto Cabello. For Sabbà e Cia., Perez.— Manáos, sub­ Finca “El Zapote”.— San Rafael Pie de Joyería Florencia.— Torre a Veroes 11, stitute Peres, Sabbá e Cia.— Rúa Guil- la Cuesta, San Marcos. Caracas. herme Moreira 221, Manáos Amazonas. Mahler, Herederos de Max.— San Ra­ Marquez, Cesar A.— Apartado 827, Ca­ For Sapaco, S. A.—Avenida Agua fael Pie de la Cuesta, San Marcos. racas. Branca 524, Säe Paulo, and all branches in Brazil, substitute Sapaco para Com­ Honduras Spitzer, Isodoro.— Apartado 1705, Ca­ racas. mercio e Industria, Cia.— Batatuba, Säo Schweinfurth, Werner.— Tegucigalpa. Tillich, Georg.— Apartado 645, Caracas. Paulo; Avenida Agua Branca 524, Säo Vives Monjil, Enrique (D r.).—Teguci­ Paulo; and all branches in Brazil. galpa. AMENDMENTS Colombia Paraguay Argentina For Almacén Bremen.—Manizales, Bernardes, Manuel.— Asunción. Relative to A. E. G., Compañia Argen­ substitute Almacén Bremen.— Pereira. Bodega Alemana.— Presidente Franco tina de Electricidad S. A.— Bernardo de Relative to Oficina Técnica Industrial 160, Asunción. Irogoyen 330, Buenos Aires, and all Comercial.— Medellin, and “OTICO” Ofi­ Casa Nobilis.— Palma 158, Asunción. branches in Argentina, see footnote 1. Doljak, Antonio.— Palma 158, Asun­ cina Técnica Industrial Comercial.— Me­ ción. Bolivia. dellin, see footnote 2. Doljak y Cía.— Palma 158, Asunción. For Eisner y Cía., Juan.— La Paz, sub­ Costa Rica Egusquiza, J.— Asunción. stitute Eisner y Cía., Juan.— La Paz, and El Nacionalista.— Asunción. all branches in Bolivia. Relative to Almacén Romolus.— San Laug, Otto.— Presidente Franco 160, Relative to Nachtmann, Anna K.—La José, see footnote 3. Asunción. Paz, see footnote 2. For do Prado, Edgar.— Apartado 1830, Salum Hermanos.— Estrella 136, Asun­ For Schmidt, Willie. — Casilla 102, San José, substitute Prado Pérez, Ed­ ción. Oruro, substitute Schmidt, Willy.— Casil­ gardo.— Apartado 1830, San José. Perú la 102, Oruro. 1 Ow n e d b y J. G. Stuebing. Agrícola Tanguche, Ltda., Soc.— Tru­ 1 Not to be confused with C. A. D. E., Com­ 2 Not to be confused with Oficina Técnica jillo. pañia Argentina de Electricidad S. A., Bal- Industrial, Alberto Walliser, Medellin. Agro-Química Peruana Ltda., Cía.— carce 184, B u e n o s Aires. 8 Not to be confused with Rómulo Artavia. Junín 312, Lima; and Tingo María, De­ 2 Not to be confused with A. Nachmann & A p artad o 653, S an José, or h is sh ip p in g m ark partamento de Huanuco. Company, Comercio 407 (Casilla 950), La Paz. “R o m u lo ”. 5548 FEDERAL REGISTER, Tuesday, July 21, 1912

Relative to Feoli y Cía., S. A.— San Machado e Cia., P.— Rúa Pessóa Anta Portugal and Possessions José, see footnote 1. 111-117 (Caixa Postal 185), Fortaleza, For Rojas, Rafael.— San José, substi­ Ceará; and Cratheus, Ceará. Portugal tute Rojas Matamoras, Rafael.—San Rubino, Onorato.—Rúa Evaristo da Agencia Comerciale Francesa-A. Vin­ José. Veiga 67, Rio de Janeiro. cent Ltda.— Rúa Ivens 56, Lisbon. Mexico Chile Almeida, Fernando de.— Travessa dos Fiéis de Deus 128, Lisbon. For Agencia Comercial y Marítima.— Editorial “Cultura”.— Huérfanos 1165, Azinhais, Eurico.— Largo da Graca 63, Pasaje América 213, México, D. F„ and Santiago. and Rúa da Penha de Franca 246, Lis­ all branches' in Mexico, substitute Agen­ Fuentes Parra, Francisco Javier.— bon. cia Comercial y Marítima.— Edificio B o- Huérfanos 1165, Santiago. Beja, José dos Santos.— Rúa da Bar­ k T , 16 de Septiembre 58, México, D. F., Librería Cultura.—Huérfanos 1165, roca 109, Lisbon. and all branches in Mexico. Santiago. Beja, Palmira Martins.— Rúa da Bar­ For Castro, Antonio.— Antanas 39, M é­ Colombia roca 109, Lisbon. xico, D. F., substitute Castro, Antonio.— Carp, M., Ltda.— Rúa Bartolomeu Dias Sullivan 15-2, México, D. F. Cardone, Gayetano.— Barranquilla. 120, Lisbon, and all branches in Portugal. Relative to El Centro Mercantil.— Cardone, Vicente.— Barranquilla. Civil do Sobralinho Ltda., Soc.—S. Avenida Madero y Mejia, Ciudad Juárez, Cardone, Hermanos.—Carrera Mer­ Pedro de Alverca, Vila Franca de Xira, see footnote 2. cado, Real y Comercio, Barranquilla. Correia, J. M.— Rúa Fílipe Folque 42, For Heynen, Eversbusch & Co.— Pasaje “COTENAL” Compañía de Tejidos Na­ and Praca D. Pedro IV (or Rossio) 59, América 213, México, D. F., and all cionales S. A.— Carrera 7a No. 39-76, Lisbon. branches in Mexico, substitute Heynen, Bogotá. Grebler, Albert.— Lisbon. Eversbusch & Co.— Edificio Boker, 16 de Tejidos Nacionales S. A., Cía. de— C ar­ Hentze, Richard.— c/o Schuette & Cia. Septiembre 58, México, D. F., and all rera 7a No. 39-76, Bogotá. Ltda., Praca Luiz de Camoes 36, Lisbon. branches in Mexico. Industrial Tejo, Soc.— Praca do Mu­ For Kasai Uyehala, Moriji.—Colonia Cuba nicipio 20, Lisbon. Morelos, Agua Prieta, substitute Kasai Bisutería, S. A.— Neptuno 204, Habana. Jahncke, Bernard.—Rúa do Cais de Furuya, Reikichi.— Calle 4a y Avenida 4a, Santarem 24, Lisbon. Agua Prieta. Honduras * Maissa, Elio Francisco.— Rúa do Ouro Peru Berlioz, Jorge.— Tegucigalpa. 87, and Ave. Elias Garcia 31, Lisbon. Empresa Espinosa.— Tegucigalpa. For Agricola La Colmena S. A., La Martins & Filhos Ltda., Antonio Go­ Cía.— lea, Nazca, and Lima, substitute Espinosa Valladares, Salvador.— Tegu­ mes.— Lordelo do Ouro, Oporto. cigalpa. Agrícola La Colmena S. A., La Cía.— Meiners, Jorge.— Rúa da Prata 198, Banco del Herrador 569, Lima; lea; and México Lisbon. Nazca. Alt Heidelberg.— Nuevo León 16, Méx­ Mendes, J., & Co.— Olhao. For Endo, S.— Hacienda Cartavio, sub­ ico, D. F. Moraes Ltda., Eduardo de.— Calcada do stitute Endo, S.— Trujillo. Drogas Tacuba, S. A.— Calzada México- Sacramento 14, Lisbon. Uruguay Tacuba 701, México, D. F. Moura & Leitao Ltda.— Rúa da Assu- Electromotor, S. A.— Avenida Isabel la ncao 99, Lisbon. Relative to Diez AbellH, Wellington.— Católica 43, México, D. F. Neto, Abel de Olivieira.— Rúa Viriato Yi 1227 y Segundo Vázquez 1134, Monte­ Faber, Hans.— Nuevo León 16, México, 11, Lisbon. video, see footnote 3. D. F. Pereira & Martins Ltda.— Rúa da Bar­ roca 109, and Praca dos Restauradores DELETIONS Isaías y Knapp, Francisco.—Tuxtla Gutiérrez, Chiapas. 13, Lisbon. Argentina Negociación Papelera Mercurio, S. Á .— Popescu, Giorgi.— Hotel Metropole, Lisbon. Chingotto, Vicente.— Pavón 730, Avel­ Alamo 140 (Apartado 574), México, D. F. Ordóñez Cía., Sucr.— Tuxtla Gutiérrez, Popescu, Pascal.— Hotel Metropole, laneda. Lisbon. I. F. A., Sociedad Anónima Industria Chiapas. Frigorífica Argentina.—Defensa 533, Restaurant Alt Heidelberg.—Nuevo Productora Algarvia Ltda.— Olhao. Buenos Aires. León 16, México, D. F. Russo, Enrico.— Ave. Elias Garcia 153, Lisbon. Industria Frigorífica Argentina, S. A.— Nicaragua Defensa 533, Buenos Aires. Schaub, Friedrich.— Lisbon. Delgadillo, V. M.— Avenida Primera Solacolu, Mircéa.— Hotél Metropole, Bolivia 508, Managua. Lisbon. Bustillos y Cía.— Casilla 167, Potosí. Delgadillo y Cía., Víctor M.— Avenida Sousa, Pedro Jesus de.— Vila Real de Primera 508, Managua. Santo Antonio. Brazil Perú Tobis Portuguesa.— Alameda das Iin - Azeredo, J. R.— Rúa da Alfándega 104, has de Torres 156, Lisbon. Nacional de Sombreros Ltda., Cía.— Rio de Janeiro. Turci, Captain Edmondo.— Lisbon. Unión (Mercaderes) 484, Lima. Bedrikow, Adolpho.— Rúa 15 de No- V

Capilla Hurtado, José.— Calle Sagunto Grebler, Albert.—La Chaux de Fonds. Spain Gretener, Th.— Bahnhofstr. 16, Dieti- 37, Valencia, and Calle Arquitecto, Grao- In relation to C. I. M. S. A.-Comercial kon. Valencia. Industrial Mediterranea S. A., for Paseo Heimoz, Marcel.— Place Centrale 25,- Carandini, Carlos.— Ronda Universi­ de Gracia 46, Barcelona; and Ave. Jose Lausanne. dad 31, Barcelona. Antonio 67, Madrid, substitute Almagro Industrielle de Mecanique Horlogere Carandini, C. y G. Ltda.— Ronda U ni­ 26, Madrid. 5. A. a Puteaux

mendation of the examiner in the Matter District Board 18 prays that relief be ments to destinations in Market Area 232, of the petition of the Albuquerque and granted as follows: Including all points on the Southern Pa­ Cerrillos Coal Company, applying for (1) That the effective minimum prices cific in New Mexico, except Deming, and relief in making certain prices applicable of coals in Size Groups 1 through 9 pro­ on the Southern Pacific in Arizona from only to shipments of coal for use by the duced in Subdistrict 1 of District 18 be M ora via Fairbank, to and including No­ Federal Government and Agencies there­ reduced by $1.00 per ton when sold to gales, Arizona, 30 cents per ton. of when shipped from Subdistrict 2 of agencies of the United States Govern­ District Board 17 filed a petition of in­ District No. 18 into Market Areas 228 ment which move the coal on land grant tervention in Dockets Nos. A-185 and (in New Mexico), 229, 232, and 236; in freight rates or land grant equalization A-265, District Board 18 filed a petition the matter of the petition of Bituminous rates, for shipment to destinations on of intervention in Docket No. A-185. Coal Producers Board for District No. 18 the Atchison, Topeka and Santa Fe Rail­ Pursuant to an Order of the Director, á for changes in the classifications and way Company, in Market Area 232, south consolidated hearing in the matters orig­ minimum prices for coals produced and of Belen, New Mexico, and to* and in­ inally involved in Dockets Nos. A-185 and sold in District No. 18; in the matter of cluding Rincon, New Mexico, and all A-256 was held and thereafter temporary the petition of District Board No. 17 for destinations on the Silver City branch relief was granted in part. revision of the effective minimum prices of said railroad west of Rincon, New Albuquerque and Cerrillos Coal Com­ for certain coals produced at the mines Mexico; and that when these coals are pany filed a statement protesting against in Subdistricts 7, 8, and 9 in District No. sold to agencies of the United States the temporary relief. District Board 18 17. Government which move the coal on filed an amended petition and an These are proceedings instituted upon commercial freight rates, the effective amended supplemental petition, averring petitions filed with the Bituminous Coal minimum prices be reduced $1.10 for that conditions had so changed since the Division, pursuant to secton 4 II (d) of such shipment to the aforesaid destina­ original hearing that further evidence the Bituminous Coal Act of 1937. tions; should be received. District Board 17 by In Docket No. A-185, Albuquerque and (2) That the effective minimum prices letter concurred in the request for the Cerrillos Coal Company (“Albuquerque of coals in Size Groups 1 through 9 of Reopening of the hearing. In accord­ and Cerrillos’'), a code member and op­ Subdistrict 2 of District 18 be reduced by ance with such request, the Director is­ erator of the Jones Mine (Mine Index 85 cents1 per ton when sold to agencies sued an order for rehearing and consol­ No. 11) in Subdistrict 2 of District 18, of the United States Government which idated Docket No. A-857 with the requests a revision of the effective mini­ move the coal on land grant freight rates hearing for the consolidated matters in mum prices for its coals for shipment by or land grant equalization rates for ship­ Dockets Nos. A-185 and A-265. rail into Market Areas 228, 229, 232, and ment to destinations in Market Areas 227 Pursuant to said Order, a hearing in 236 upon sales to agencies of the United and 229, and that portion of Market these consolidated matters was held be­ States Government. The petition of Al­ Area 232 from Rincon, New Mexico, to fore Charles S. Mitchell, a duly desig­ buquerque and Cerrillos alleges that~the and including El Paso, Texas, on the nated Examiner of the Division, at a effective minimum prices do not properly Atchison, Topeka and Santa Fe Railway hearing room thereof in Washington, take into account freight rate differences lines and to destinations on the Southern D. C. All interested persons were af­ created by the land grant and land grant Pacific Company tracks in the State of forded an opportunity to be present, ad­ equalization rates for shipments to agen­ Arizona, except for Mora, Arizona, via duce evidence, cross-examine witnesses, cies of the United States Government in Fairbank, to and including Nogales, and otherwise be heard. Appearances M arket Areas 228, 229, 232, and 236 and Arizona; and that when these coals are were entered on behalf of the Albu­ therefore prays that the effective mini­ sold to those agencies of the United States querque and Cerrillos Coal Company, mum prices for the coals produced at its which move the coals on commercial District Boards 17 and 18, and the Con­ Jones Mine be reduced to the extent nec­ freight rates, the effective minimum sumers’ Counsel Division (now the Office essary to enable them to deliver at five prices be reduced 50 cents per ton for of Bituminous Coal Consumers’ Counsel). cents less than the coals of Subdistrict 9 such shipment to the aforesaid des­ A brief was filed by the Bituminous Coal of District 17 at destinations in Market tinations. Consumers’ Counsel. Areas 228, 229, and 232 on shipments In Docket No. A-857, District Board Thereafter, on M ay 20, 1942, Examiner made pursuant to government contracts, 17 seeks a revision of the effective min­ Mitchell submitted his Report, Proposed rather than at higher prices, as required imum prices of the coals in Size Groups Findings of Fact, Proposed Conclusions of by the currently effective m i n i m u m 1 to 11, inclusive, produced at the mines Law and Recommendation (“Exam­ prices; and that the effective m i n i m u m in Subdistricts 7, 8, and 9 of District 17 iner’s Report”) . On June 6, 1942, excep­ prices for shipments on government con­ for shipment by rail into Market Area tions to the Examiner’s Report were tracts to points in Market Area 236 be 228 and to certain destinations in Market filed by the Bituminous Coal Consumers’ reduced by amounts ranging from 50 Area 232 upon sales to agencies of the Counsel. cents on Size Group 9 to $1.15 on Size United States Government which move I. Examiner’s report. The Examiner Group 2. coals on commercial freight rates as fol­ found that government coal contracts, Albuquerque and Cerrillos further lows: For shipments to all destinations in though the tonnage involved is relatively seeks a modification of the District 18 New Mexico in Market Area 228 on the small, are of considerable importance to price schedule to provide that Size Group Atchison, Topeka and Santa Fe Railway, producers in Subdistricts 1 and 2 of Dis­ 3 coals should include 6" x 3" and lY a " 60 cents per ton, and on the Southern trict 18 and Subdistrict 9 of District 17, lump in order to make it identical with Pacific, 30 cents per ton; and for ship- particularly since the coals consumed by Size Group 5 of District 17’s price the Government in Market Areas 227, schedule. 1 District Board 18 also sought a further 228, 229, 232, and 236 are those in the In Docket No. A-265, District Board 18 reduction if the relief requested in Docket domestic sizes for which the sources of No. A-784 should not be granted. The pe­ seeks a revision of the effective m i n i m u m disposal are few. The Examiner found prices of coals in Size Groups 1 to 9, tition of District Board 18 in Docket No. A - 784 requested a reduction in the minimum further that in purchasing its coal sup­ inclusive, produced in Subdistrict 1 of plies in those areas, the government District 18 for shipment by rail to certain prices effective for shipment of the coals produced by the Albuquerque and Cerrillos agencies issue invitations to bid on the destinations in Market Area 232 upon Coal Company to destinations in Market contracts, anc£ as a rule, make awards sales to agencies of the United States Areas 227 and 228, extending from Belen, on the basis of cost per million B. t. u.’s. Government, and a revision in the effec­ New Mexico, east to Texico, New Mexico, and The Examiner found further that prior tive minimum prices of coals in Size Farwell, Texas, and south from Clovis, New to the establishment of effective mini­ Groups 1 to 9, inclusive, produced in Mexico, to and including Carlsbad, New mum prices by the Division, efforts were Subdistrict 2 of District 18 for shipment Mexico, in amount equal to the Increase in commercial freight rates for such shipments made to coordinate prices for Districts 17 by rail into Market Areas 227 and 229, and 18 applicable to government con­ and to certain destinations in Market on the Atchison, Topeka and Santa Fe Rail­ way Company, effective as of February 15, tracts, which resulted in proposed sched­ Area 232 upon sales to agencies of the 1941. B y O rd e r o f A u g u s t 5, 1041, th e D i ­ ules of special effective minimum prices United States Government. Specifically rector denied this requested relief. for government shipments to certain des- FEDERAL REGISTER, Tuesday, July 21, 1942 5551 tinations in Market Areas 227, 228, 229, the Examiner stated, consisted of 75 9 of District 17 were coordinated on the and 232. The Examiner noted that the cents to compensate for the freight differ­ basis of the factors listed in sections 4 Consumers’ Counsel protested those pro­ ential between Subdistricts 1 and 2 at n (a) and 4 n (b) of the Act, which posals, contending that the prices were representative destinations in Market included analytical comparability. The so high as to discriminate against the Area 232 on the Atchison, Topeka and petitions here do not complain that the Government. The Examiner noted Santa Fe, and five cents to compensate analytical standards used in General further that subsequently, the proposed for the inferior quality of the District 1 Docket No. 15 did not reflect the true schedules were disapproved by the D i­ coals. comparability of these coals 1 the peti­ rector in General Docket No. 15, and that The Examiner found further that the tion, in so far as it complains of the thereupon, shipments on government prayer by Albuquerque and Cerrillos that failure of the effective minimum prices contracts to these market areas were it be permitted a reduction on shipments to reflect analysis, is concerned with the governed by f. o. b. mine prices applica­ to Market Area 236 was not supported by basis upon which such analytical com­ ble to commercial shipments. evidence. The Examiner also found that parability is to be determined. I agree The Examiner found that the present the petition of Albuquerque and Cer­ with the Examiner that B. t. u. content requests for relief were intended to take rillos for relief for its 1 W lump coals alone should not be the basis for an ad­ into account the discontinuance, with had merit, and that IV2 " lump coal justment of the effective minimum slight exception, of the land grant freight should be included in the same size group prices, since adoption of such a criterion rates and land grant equalization rates and priced the same as 6 " x 3 " coals. would lead to such a bewildering com­ formerly applicable to Subdistricts 1 and II. Exceptions to the Examiner’s re­ plex price schedule as to render proper 2 of District 18 and Subdistrict 9 of Dis­ port. Exceptions to the Examiner’s Re­ administration of the Act intensely diffi­ trict 17, so that the commercial freight port were filed by only the Consumers' cult. Having determined that B. t. u. rates now usually apply on shipments to Counsel. The exceptions of Consumers’ content should_not alone be the basis for the United States Government. The Ex­ Counsel relate to the findings and rec­ an adjustment of effective minimum aminer found also that the present re­ ommendation of the Examiner that the prices, I find that the prayers contained quests for relief were intended to take effective minimum prices for the coals in these several petitions, seeking re­ into account the analyses more recently in Size Groups 1 through 9 from Subdis­ visions of the effective minimum prices used by the United States Government trict 1 of District 18 may be reduced by because of the differences in analytical purchasing agents in making awards on 80 cents per ton when offered for sale, or qualities among the coals herein in­ the basis of the lowest cost per million sold to the United States of America or volved, must be denied, and the original B. t. u.’s. agencies thereof for rail shipment to coordination, in so far as analytical com­ The Examiner rejected the prayers for destinations on the Atchison, Topeka parability is concerned, left as presently relief in so far as they sought revisions and Santa Fe Railway Company in M ar­ constituted. of the effective minimum prices to reflect ket Area 232, south of Belen, New Mex­ Consumers’ Counsel, as has been differences in B. t. u., adopting the con­ ico, and to and including Rincon, New noted, excepted to the findings of the tentions of Consumers’ Counsel that to Mexico, and all destinations on the Sil­ Examiner and the form of the recom­ formulate effective minimum prices on ver City Branch of said railroad west, mended relief with respect t

deliver to any person other than a bulk placement from his supplier of the such other supplier, service station or consumer such person’s minimum neces­ amount thereof and may accept delivery bulk consumer is in violation of the terms sary requirements of motor fuel for uses of such replacement in addition to the of this order. specified in §§ 1394.18 (b ), 1394.18 (c ), monthly quota for such service station. (k) Methods of distribution, ( l ) Sup­ 1394.19 (b ), or 1394.22 (c) of Ration (h ) Right to obtain deliveries. In pliers shall deliver to service stations or Order No. 5: Provided, That where Cards, those areas in which the provisions of bulk consumers in such a manner, so Forms, or other statements are required Exhibit “B ” are in effect: far as practicable, as to allow an even by Ration Order No. 5, no delivery of mo­ (1) A service station or bulk consumer, flow of supplies of motor fuel over the tor fuel may be made unless the presen­ who has been obtaining his supplies of entire month: Provided, That (except as tation or execution of such Cards, Forms motor fuel pursuant to a regular de­ specified in paragraph (k) (3) on the or other statements is effected in accord­ livery schedule, shall have the right to tenth and twentieth of any month in the ance with the terms of such order. obtain his monthly quota of motor fuel curtailment period no more than one- (3) In any part of the curtailment from the supplier, or if more than one, third and two-thirds respectively of such area specified in subparagraphs (2) and then proportionately from the suppliers service station’s or bulk consumer’s total (3) of Exhibit “A ” of this order, a sup­ who sold and delivered motor fuel to such monthly quota shall have been delivered plier shall deliver to any bulk consumer service station or bulk consfcmer during to hjjfL such bulk consumer’s minimum necessary the preceding month. If a service sta­ (2) Service stations shall make deliv­ requirements of motor fuel for any of tion or bulk consumer has received de­ eries into the tanks of motor vehicles in the uses specified in paragraph (f) (3) liveries of motor fuel during the period of such a manner as to allow for an even (ii). The bulk consumer shall deliver 12 calendar months immediately preced­ disbursing of their monthly quota to his supplier the statement specified in ing the then current calendar month throughout the entire month. paragraph (f) (3) (i). from more than one supplier pursuant to (3) W ithin that part of the curtail­ (i) Such statement shall be in the fol­ no regular delivery schedule, then the ment area specified in subparagraph (1) lowing form, signed manually or as pro­ said sendee station or bulk consumer of Exhibit “A ” hereof, in addition to the vided in Priorities Regulation No. 78 shall have the right to obtain the amount supplies of motor fuel which are per­ (§ 944.27) by an official duly authorized of his monthly quota of motor fuel pro­ mitted under paragraph (k) (1), a sup­ for such purpose: portionately from all the suppliers who plier may deliver and a service station Motor fuel delivered pursuant to this rep­ delivered motor fuel to him during the may accept delivery of motor fuel (be­ resentation will be used only for purposes said 12-month period. tween 12:01 a. m. July 19, 1942 and 11:59 authorized in paragraph (f) of Limitation (2) If any supplier does not have a p. m. July 21, 1942) in a quantity not in Order L-70, as Amended, with the terms of sufficient quantity of motor fuel to sup­ excess of two-thirtyfirsts of such service which Order the undersigned is familiar. ply the demands of service stations or station’s motor fuel quota for the month bulk consumers to the extent that he is of July. Legal Name of Bulk Consumer. obligated under this paragraph to supply (l) Service station hours of distribu­ B y : ...... such demands, then, if he has been ob­ tion. No service station within the cur­ Signature of Duly Designated Official. taining his supplies of motor fuel pur­ tailment area shall deliver to any persons suant to a regular delivery schedule, he any motor fuel during more than 12 hours Such statement shall constitute a repre­ shall have the right to obtain the of any calendar day or during more than sentation to the Director General for amount of such deficiency from his sup­ 72 hours of any calendar week: Pro­ Operations and to the supplier of such plier, or if more than one, then propor­ vided, That: motor fuel that such motor fuel is for tionately from the suppliers, who de­ (i) W ithin that part of the curtail­ the uses specified in paragraph (f ) (3) livered motor fuel to him during the pre­ ment area specified in subparagraph (1) (ii), and such supplier shall be entitled ceding month. If he has received de­ of Exhibit “A ” hereof, deliveries of motor to rely upon such representation unless liveries of motor fuel during the period fuel may be made at any time to the mili­ he knows or has reason to believe it to of 12 calendar months immediately pre­ tary forces of the United States or to any be false. ceding the then current calendar month person in the event of an emergency in­ (ii) The following uses shall be con­ pursuant to no regular delivery schedule, volving life, health or property; or sidered preferential uses: then he shall have the right to obtain (ii) Within that part of the curtail­ (a ) The operation of vehicles and the amount of such deficiency of motor ment area specified in subparagraphs (2) boats necessary for the public health and fuel proportionately from all the sup­ and-(3) of Exhibit “A ” hereof, deliveries safety, including, among others, ambu­ pliers who delivered motor fuel to him of motor fuel may be made at any time lances and vehicles operated by practic­ during the said 12 month period. to any person exclusively for any of the ing physicians, surgeons, nurses, and vet­ (3) Every supplier shall be obligated uses specified in paragraph (f). erinarians, and those engaged in civilian to deliver motor fuel to other suppliers, defense activities while the area is under Each service station shall post promi­ bulk consumers and service stations as nently in a conspicuous place a notice of martial law, enemy attack, or immediate provided in this paragraph. threat of enemy attack. the hours during which motor fuel will (4) No supplier shall be required by (b ) The operation of vehicles and boats be delivered at such service station. The contract or otherwise to deliver motor owned or operated by or in the service hours selected and posted shall remain fuel to any other supplier in quantities of Federal, state or local governments. in effect at least seven consecutive days greater than are required to enable such (c) The operation of commercial ve­ and shall not be changed during such other supplier to deliver the m o n t h ly hicles so classified by law, including cabs, period. quotas and such additional replacements and the operation of commercial boats. (m ) Reallocation of monthly quotas as are provided for in paragraph (g) (d) The operation of commercial, in­ of closed service stations. In those areas hereof of the service stations or bulk con­ dustrial and agricultural machinery and in which the provisions of Exhibit “B ” sumers supplied directly or indirectly by equipment. are in effect, when a service station dis­ him. (e) The operation of school buses. continues business at any time after May (g ) Replacement for Army and Navy (i) Other restrictions on deliveries. 1, 1942, and the fact of such discontinu­ deliveries. In those areas in which the No person shall deliver or cause to be de­ ance is evidenced by a signed statement provisions of Exhibit “B ” are in effect, livered, directly or indirectly, and no per­ from the owner of the service station any service station which makes de­ son shall accept delivery of or use motor premises or from the lessee (if the lessee’s liveries of motor fuel for official use in fuel for the operation of motor vehicles leasehold interest is firm for a period ex­ or motor boats in automobile or motor vehicles or boats owned or operated by ceeding six months from the date of such boat races in the curtailment area. the United States Army or the United discontinuance) that the business of States Navy, which deliveries are not a ( j ) Restrictions of deliveries to vio­ such service station has been discontinued normal part of such service station’s lators. No supplier shall deliver motor and will not be conducted again prior to regular business, shall be entitled to re- fuel to any other supplier, service sta­ the lapse of a period of not less than six tion or bulk consumer where such sup­ months, the supplier of such service sta­ * 7 F .R . 1002. plier knows or has reason to believe that tion shall add one-half of the applicable FEDERAL REGISTER, Tuesday, July 21, 1942 5555 monthly quota thereof to the monthly tional and unreasonable hardship upon 2719; sec. 2 ( a ) , Pub. Law 671, 76th Cong., quota of each of the two service stations him, may, if he is located in any area as amended by Pub. Laws 89 and 507, located nearest, measured by road dis­ specified in subparagraph (1) of Exhibit 77th Cong.) 4 “A” hereof, or in that portion of the tance, to such closed service station and Issued this 18 th day of July 1942. supplied from the supplier’s same bulk States of New York, Pennsylvania, Flor­ A m o r y H o u g h t o n , plant. If more than one supplier has ida, Maryland, West Virginia, and Vir­ Director General for Operations. been supplying the closed service station, ginia, specified in subparagraphs (2) and that portion of the monthly quota sup­ (3) of Exhibit “A ” hereof, appeal to the E x h i b i t “A ” plied by each supplier shall be reallocated District Director of Marketing, Office of in the same manner as above provided Petroleum Coordinator for War, 122 East Order L-70 shall apply in the following for a single supplier. Upon reallocating 42nd Street, New York, New York, or, if areas: the monthly quota of the closed service located in the States of Oregon and 1. The entire eastern part of the con­ station the supplier shall notify the Di­ Washington as specified in subpara­ tinental United States up to and includ­ rector of Marketing, Office of Petroleum graph (2) of Exhibit “A” hereof, appeal ing all of the counties of Wayne, Ontario Coordinator for War, Washington, D. C., to the District Director of Marketing, and Steuben (and on or after August in writing as to the date on which such Office of Petroleum Coordinator for W ar, 22, 1942, the counties of Niagara, Erie, service station was closed, its monthly 855 Subway Terminal Building, Los Orleans, Genesee, Wyoming, Monroe and quota for the last quota month, the Angeles, California, or, if located in that Livingston) in the State of New York; names and addresses of the service sta­ portion of the State of Tennessee speci­ Tioga, Lycoming, Clinton, Centre, Blair tions to which such monthly quota has fied in subparagraph (3) of Exhibit “A” and Bedford in the State of Pennsyl­ been assigned, together with a copy of hereof, appeal to the District Director of vania; Allegany in the State of Maryland; the signed statement above referred to. Marketing, Office of Petroleum Coordi­ Mineral, Grant and Pendleton in the A service station whose monthly quota nator for W ar, Suite 1336, 120 South La­ State of West Virginia; Highland, Bath, has been reallocated as above provided Salle Street, Chicago, Illinois, or, if lo­ Alleghany, Craig, Giles, Pulaski, Wythe shall not. receive deliveries of motor fuel cated in that portion of the State of Ala- ,, and Grayson in the State of Virginia; for a period of six months from the date bam a specified in subparagraph (3) of Ashe, Watauga, Avery, Mitchell, Yancey, it discontinued business. If after the six Exhibit “A ” hereof, appeal to the Dis­ Madison, Haywood, Swain, Graham and months’ period such service station is re­ trict Director of Marketing, Office of Pe­ Cherokee in the State of North Carolina; opened for business, its monthly quota troleum Coordinator for War, 245 Mellie Fannin, Murray, Whitfield, Catoosa, shall be reassigned to it and the monthly Esperson Building, Houston, Texas, by Dade, Walker, Chattooga, Floyd, Polk, quotas of the service stations to which letter in quadruplicate, setting forth the Haralson, Carroll, Heard, Troup, Harris, such monthly quota was assigned shall be pertinent facts and the reasons why he Muscogee, Chattahoochee, Stewart, Quit- reduced accordingly. considers himself entitled to relief and, man, Clay, Early, Seminole and Decatur (n) Reports. On or before the 20th in the case of an appeal under paragraph in the State of Georgia; and Gadsden, day following the end of each quota (e), including specifically a statement Liberty and that part of Franklin which month, in those areas in which the pro­ that he has been unable to obtain a sat­ lies east of the Appalachicola River in visions of Exhibit “B ” are in effect, all isfactory adjustment from his supplier the State of Florida: Provided, That if suppliers shall file a statement on Form and giving all information required on any part of any incorporated or unincor­ PD- 369 of the amount of motor fuel de­ Form PD-367. The District Director of porated city, town or village or if any livered in each state within the curtail­ Marketing shall promptly investigate and part of any service station is located ment area and in the District of Colum­ consider the matter and shall seek to within the aforementioned area, all of bia during such month stating separately, bring about a voluntary settlement in such city, town, village or service station direct deliveries. accordance with the provisions of this shall be considered as within such area. (i) To Federal, state and local govern­ Order. In the event that no settlement 2. The States of Oregon and Washing­ ments; can be reached, the District Director of ton and (until but not after August 21, (ii) To suppliers for direct delivery to Marketing shall forward the appeal and 1942) in all of the counties of Niagara, Federal, state and local governments; record thereon, together with his recom­ Erie, Orleans, Genesee, Wyoming, Mon­ and mendation, to the Director of Marketing, roe and Livingston in the State of New (iii) To service stations and bulk con­ Office of Petroleum Coordinator for W ar, York. sumers under their monthly quotas. Washington, D. C. 3. That part of the States of New York, (o) Records. In addition to the rec­ (q) Directions as to deliveries. In Pennsylvania, Maryland, West Virginia ords required to be kept under Priorities those areas in which the provisions of and Virginia not included in subpara­ Regulation No. 1, as amended from time Exhibit “B ” are in effect, the Director graph (1) hereof; the entire eastern part to time,4 each supplier or other person General for Operations may, from time of the State of Tennessee up to and in­ receiving any representation authorized to-time, issue specific directions directing cluding all of the counties of Scott, Fen­ herein, shall each retain for a period of or forbidding deliveries of motor fuel. tress, Cumberland, White, W arren, Cof­ at least two years, for inspection by rep­ (r ) Reports and correspondence. All fee, Bedford, Marshall and Lincoln; the resentatives of the W a r Production reports required to be filed hereunder entire eastern part of the State of Ala­ Board, endorsed copies of all such repre­ and all communications concerning this bama up to and including the counties of sentations filed in such manner that they order shall, unless otherwise directed, Madison, Marshall, Etowah, St. Clair, can be readily segregated for such in­ be addressed to: Office of Petroleum Co­ Talladega, Clay, Tallapoosa, Macon, Bul­ spection. In addition, each supplier ordinator, Attention: Director of Mar­ lock, Pike, Coffee and Geneva; and the shall keep, thus filed, and for such other keting, Washington, D. C. Ref: L-70. counties of Holmes, Jackson, W ashing­ purposes as may from time to time be (s) Violations or false statements. ton, Calhoun, Bay, G ulf and that part Of prescribed by the Director General for Any person who wilfully violates any Franklin which lies west of the Appa­ Operations, for a period of at least two provision of this order or who wilfully lachicola River in the State of Florida: years, accurate and complete records of furnishes false information to the Di­ Provided, That if along the western deliveries of motor fuel, the dates of ac­ rector General for Operations in connec­ boundary of the aforementioned area tual deliveries, and the person and states tion with this order is guilty of a crime any part of any incorporated or unincor­ (or the District of Columbia) involved in and upon conviction, may be punished porated city, town or village or if any by fine or imprisonment. In addition, each delivery. part of any service station is located any such person may be prohibited from within such area, all of such city, town, (p) Appeals. Any person affected by making or obtaining further deliveries village or service station shall be consid­ this order who, after he has sought an of, or from processing or using material ered as within such area. adjustment from his supplier pursuant under priority control and may be de­ to paragraph (e) hereof, or who for any prived of priorities assistance by the Di­ E x h i b i t “B” other reason still considers that compli­ rector General for Operations. (PD. 1. Until but not after July 21,1942, the ance therewith would work an excep- Reg. 1, as amended, 6 F.R. 6680; W P.B. allowable percentage for the area speci­ 4 6 F .R . 4489, 6680; 7 F .R . 1493, 1835, 2235, Reg. 1, 7 F.R. 561; E.O. 9024, 7 F.R. 329; fied in subparagraph (1) of Exhibit “A” 3311, 3428, 4832. E.O. 9040, 7 F.R. 527; E.O. 9125, 7 F.R. hereof shall be 50%. Thereafter the pro- 5556 FEDERAL REGISTER, fuesday, July 21, 1942 visions of paragraph (1) of Exhibit “B ” person shall hereafter sell, deliver, or put (2) “Gold color officers’ military in­ shall not be deemed to be in effect. into process any reserved cut stock from signia” means the following officers’ 2. Unless and until modified by the D i­ manufacturers leather, except to fill or­ military insignia: rector General for Operations, the allow­ ders for cut soles of military weight and (i) The initials “U. S.” designed to be able percentage for the area specified in quality for delivery to or for the ac­ worn on an officer’s uniform; subparagraph (2) of Exhibit “A” hereof count of: (ii) Cap insignia of an officer; shall be 66%%, (1) The United States Army (exclud­ (iii) The insignia designating the arm 3. Effective July 22,1942 and thereafter ing purchase orders placed by or for de­ of service to which the officer belongs; unless and until modified by the Director livery to Post Exchanges); (iv) The insignia designating the rank General for Operatons, the allowable per­ (ii) The United States Navy (exclud­ of the officer as a Second Lieutenant centage for the area specified in sub- ing purchase orders placed by or for de­ or a Major in the Army or an Ensign paragraph (3) of Exhibit “A ” hereof shall livery to Ships’ Stores or Commissary); or Lieutenant Commander in the Navy; be 75%: Provided, however, That no per­ (iii) The United States Maritime Com­ (v ) Such other insignia as the Direc­ son shall deliver or accept delivery of any mission, the W ar Shipping Administra­ tor General for Operations shall, from abnormally large quantities of motor fuel tion, the Panam a Canal, the Coast and time to time, specify at the request of between the date of issuance of this Order Geodetic Survey, the Coast Guard, the the War or Navy Department. as Amended and July 22, 1942. The Selective Service System, the Civil Aero­ (3) “Dies and moulds” means any ma­ monthly quotas for July 1942 shall be nautics Administration, the National A d ­ chine attachment employed to imprint reduced proportionately. visory Committee for Aeronautics, the materials so as to produce officers’ mili­ Office of Scientific Research and Devel­ tary insignia.. [P . R . D oc. 42-6878; P iled , Ju ly 18, 1942; opment, Defense Supplies Corporation 2:03 p. m.] (4) “Use” means the first change made and Metals Reserve Company; by a person in the form of material from (iv) The Government of »any of the that form in which it is received by him. following countries: Belgium, China, __ (5) “Person” means any individual, P a r t 1028— D o m e s t i c C o o k i n g A p p l i ­ Czechoslovakia, Free France, Greece, partnership, association, business trust, a n c e s Iceland, Netherlands, Norway, Poland, corporation, governmental corporation [Amendment 2 to Supplementary General Russia, Turkey, Unite<| Kingdom, in­ or agency or any organized group of Limitation Order L-28-c1] cluding its Dominions, Crown Colonies, persons whether incorporated or not. and Protectorates, and Yugoslavia. (6) “Restricted materials” means Paragraph (b) (5) and (b) (6) of (2) Unless specifically authorized by aluminum, cork, magnesium, nickel and § 1028.4 (Supplementary General Limi­ the Director General for Operations, no nickel silver, rubber, tin, cadmium, rhod­ tation Order L -2 3 -c ) is amended to read person shall hereafter use any finders ium, chromium, copper and copper base as follows: cut stock set aside pursuant to para­ alloys. (5) Prom and after June 30, 1942, no graph (d) (2) hereof, except to fill orders (7) “Insignia finding” means that part Class C manufacturer shall use in any for repair tap soles or for cut outer soles of an officers’ military insignia which is calendar quarter in the production of of military weight and quality for de­ used to fasten insignia to the uniform domestic cooking appliances iron and livery to or for the account of the United of the officer, including but not limited steel in excess of three times 70% of the States governmental agencies and the to, posts, screw-backs, clutches, pin stems monthly average of iron and steel used governments of the countries set forth in and safety catches. by him in the manufacture of domestic (e) (1) above. (8) “Insignia front” means that part cooking appliances during the base (P.D. Reg. 1, as amended, 6 F.R. 6680; of an officers’ military insignia which is period. W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, not an insignia finding. (6) Prom and after June 30, 1942, no 7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. (9) “Transfer” means to sell, deliver, Class C manufacturer shall use in any 9125, 7 F.R. 2719; sec. 2 ( a ) , Pub. Lav; 671, or in any other way transfer the posses­ calendar quarter in the production of 76th Cong., as amended by Pub. Laws sion of, or title to, any officers’ military domestic heating stoves iron and steel insignia. 89 and 507,77th Cong.) in excess of three times 50% of the (b ) General restrictions. (1) On and monthly average of iron and steel used Issued this 20th day of July 1942. after July 20, 1942, no person shall use by him in the manufacture of domestic A m o r y H o u g h t o n , in the manufacture or assembly of any heating stoves during the base period. Director General for Operations. officers’ military insignia any restricted material: Provided, however, (P.D. Reg. 1, as amended, 6 F.R. 6680; [P . R . D oc. 42-6884; P lied , J u ly 20, 1942; (1) That he may use copper base al­ W.P.B. Reg. 1, 7 P.R. 561; E.O. 9024, 7 11:27 a. m.] loys containing not more than 65% by P.R. 329; E.O. 9040, 7 P.R. 527; E.O. 9125, weight, of copper to manufacture or as­ 7 F.R. 2719; sec. 2 (a), Pub. Law 671, semble any insignia findings for any gold 76th Cong., as amended by Pub. Laws 89 color officers’ military insignia. and 507, 77th Cong.) P a r t 1239— O f f i c e r s ' M i l i t a r y I n s i g n i a (ii) That he may use copper base al­ Issued this 20th day of July 1942. loys containing not more than 85% by [G eneral Limitation Order L-131] A m o r y H o u g h t o n , weight, of copper to manufacture or as­ Director General for Operations. The fulfillment of requirements for the semble any insignia fronts for any gold defense of the United States has created color officers’ military insignia. [P . R . D oc. 42-6892; F iled, J u ly 20, 1942; (2) On and after July 20, 1942, no 11:27 a. m.] a shortage in the supply of critical ma­ terials for defense, for private account person shall transfer any officers’ mili­ and for export; and the following order tary insignia to any person whatsoever, is deemed necessary and appropriate in except P a r t 1072— S o l e L e a t h e r the public interest and to promote the (i) To post exchanges of the United [Amendment 2 to General Preference Order national defense: States Army and Marine Corps; M -8 0 , as A m en d ed to M a y 22, 1942 2] (ii) To ship service stores of the United § 1239.1 General Limitation Order States Navy; Subparagraphs (1) and (2) of para­ L-131— (a ) Definitions. For the purposes (iii) To such other outlets as the Di­ graph (e) of General Preference Order of this order: rector General for Operations shall from M-80, as amended to May 22, 1942 . (1) “Officers’ military insignia” means time to time specify at the request of the (§ 1072.1) are hereby amended to read all items of military identification made W ar or Navy Department; as follows: of metal, which are purchased by the (iv) To transfer any officers’ military (1) Unless specifically authorized by personnel of the armed forces of the insignia back to the person from whom it the Director General for Operations, no United States and which are not ordi­ was obtained; narily issued by the Quartermaster of the - (v) That any person more than 75% 17 P .R . 3571, 5119. United States Army, Marine Corps or of whose sales of officers’ military insig­ * 7 P.R. 3851,4616. NajVy. nia during the five calendar months end- FEDERAL REGISTER, Tuesday, July 21, 1942 5557 ing May 31, 1942, were made directly to be deprived from priorities assistance. repair and sales of such reconditioned officers of the armed forces of the United (P.D. Reg. 1, as amended, 6 F.R. 6680; hosiery for use as hosiery. States may sell to any officer any such W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 (3) Sales or deliveries by retail stores insignia which is contained in his in­ F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, or to such stores by their retail custom­ ventories on July 20, 1942. 7 F.R. 2719; sec. 2 (a ), Pub. Law 671, 76th ers either on return for credit or other­ (vi) To deliver to its immediate des­ Cong., as amended by Pub. Laws 89 and wise. tination any officers’ military insignia 507, 77th Cong.) (e) Appeals. Any person affected by which is actually in transit on July 20, this order who considers that compliance Issued this 20th day of July 1942. 1942; or therewith would work an exceptional and (vii) That the outlets specified in par­ A m o r y H o u g h t o n , unreasonable hardship upon him, or that agraph (b) (2) (i), (ii) and (iii) may Director General for Operations. it would result in a degree of unemploy­ transfer officers’ military insignia to [F . R . Doc. 42-6889; Filed, J u ly 20, 1942; ment which would be unreasonably dis­ officers of the armed forces of the 11:27 a. m.J proportionate compared with the amount United States; or of used silk hosiery conserved, or that (viii) Any officer of the armed forces compliance with this order would disrupt of the United States may transfer any or impair a program of conversion from P a r t 1292— U s e d S i l k H o s i e r y officers’ military insignia, to which he non-defense to defense work, may appeal has title, to any other such officer. [C onservation Order M-182] to the W ar Production Board by letter (3) On and after July 20, 1942, no The fulfillment of requirements for or telegram, Reference: M-182, setting person shall strike or cause to have the defense of the United States has cre­ forth the pertinent facts and the reason struck, or operate any dies or moulds, in ated a shortage in the supply of used silk he considers he is entitled to relief. The addition to those he is operating on hosiery for defense, for private account Director General for Operations may July 20, 1942; except and for export; and the following order thereupon take such action as he deems (i) To replace presently operating is deemed necessary and appropriate in appropriate. dies and moulds after wear, tear or the public interest and to promote the (f) Reports. All persons affected by damage has rendered the same unfit for national defense: this order shall execute and file with the service; § 1292.1 Conservation Order M - W ar Production Board such reports and (ii) To conform to specification questionnaires as shall from time to time 182— (a ) Definitions. For the purpose changes ordered by the Director General be required by said Board. of this order: for Operations at the request of the (1) “Used silk hosiery” means any (g) Records. All persons affected by Army and Navy Munitions Board, the men’s or women’s hose, stockings or socks this order shall keep and preserve for War Department or the Navy Depart­ not less than two years accurate and ment. f which contain any silk and which have been worn or otherwise used cr damaged complete records concerning inventories, Oc) Records. All persons affected by production and sales. this order shall keep and preserve, for so that they can be sold only as second­ hand material. (h ) Communications to War Produc­ not less than two years, accurate and (2) “Dealer” means any person who tion Board. All reports required to be complete records concerning inventories filed hereunder, and all communications and sales of officers’ military insignia. purchases used silk hosiery for resale or for conversion into yarn or fabric, and concerning this order, shall, unless other­ (d) Reports. Each person to whom the term shall also include exporters,-im­ wise directed, be addressed to: W a r Pro­ this order applies shall file with the W ar porters, agents or brokers, whether or duction Board, Textile, Clothing and Production Board such reports and ques­ Leather Branch, Washington, D. C.— tionnaires as said Board shall from time not they hold title to the used silk hosiery. Reference: M-182. to time specify. (i) Violations. Any person who wil­ (e) Audit and inspection. All records (b) Restrictions on sales and deliveries fully violates any provision of this order, required to be kept by this order, shall, of used silk hosiery. Except as permit­ or who, in connection with this order, upon request,*be submitted to audit and ted in paragraph (d), no dealer shall wilfully conceals a material fact or fur­ inspection by duly authorized represen­ hereafter sell, transfer title to, or de­ nishes false information to any depart­ tatives of the W ar Production Board. liver, and no person, other than a dealer, shall hereafter purchase, accept transfer ment or agency of the United States is (f) Appeal. Any person affected by guilty of a crime, and upon conviction this order, who considers that compliance of title to, or deliveries of used silk hosiery. ' may be punished by fine or imprison­ therewith would work an. exceptional and ment. In addition, any such person may unreasonable hardship upon him, or that (c) Restrictions on use of used silk hosiery. Except as permitted in para­ be prohibited from making or obtaining it would result in a serious problem of further deliveries of, or from processing unemployment in the community, or that graph ( d ) , no person shall cut or process used silk hosiery for any purpose except or using, material under priority control compliance with this order would dis­ and may be deprived of priorities assist­ rupt or impair a program of conversion upon a purchase order therefor for phys­ ical incorporation into materials to be ance. (P.D. Reg. 1, as amended, 6 F.R. from non-defense to defense work, may 6680; W.P.B. Reg. 1, 7 F.R. 561; E.O. apply for relief by filling and completing delivered to or for the account of the Army of the United States, the United 9024, 7 F.R. 329; E.O. 9040, 7 F.R. 527; Form PD-417 and forwarding the same E.O. 9125, 7 F.R. 2719; sec. 2 (a ), Pub. to the War Production Board, Washing­ States Navy, the United States Maritime Law 671, 76th Cong., as amended by Pub. ton, D. C., Ref; L-13'1. Commission, or the War Shipping Ad­ Laws 89 and 507, 77th Cong.) (g) Communications. All reports to ministration where such order is accom­ be filed, appeals and other communica­ panied by a certificate in substantially Issued this 20th day of July 1942. the following form signed by or on be­ tions concerning this Order should be ad­ A m o r y H o u g h t o n , half of the person placing said order. dressed to the Consumers’ Durable Goods Director General for Operations. ~ Branch, War Production Board, Wash­ This order is for used silk hosiery for physi­ [F . R . D oc. 42-6893; Filed, Ju ly 20, 1942; ington, D. C., Ref: L-131. cal incorporation into material to be de­ livered to or for the account of the Army of 11:27 a. m.] (h) Violations. Any person who wil­ the United States, the United States Navy, fully violates any provision of this order, the United States Maritime Commission, or or who, in connection with this order, the War Shipping Administration. wilfully conceals a material fact or fur­ (d ) General exceptions. The prohibi­ P a r t 1293— H a n d T o o l s S implification nishes false information to any depart­ tions or restrictions of this order shall ment or agency of the United States, is not apply to: [L imitation Order L-157] guilty of a crime, and upon conviction (1) Deliveries by or to any person hav­ The fulfillment of requirements for the may be punished by fine or imprisonment. ing temporary custody of used silk ho­ defense of the United States has created In addition, any such person may be pro­ siery for the sole purpose of transporta­ a shortage in the supply of iron, steel and hibited from making or further obtaining tion or public warehousing. other critical materials for defense, for deliveries of or from processing or using (2) Sales or deliveries to reprocessors private account and for export; and the material under priority control and may of hosiery for mending, cleaning or other following order is deemed necessary and 5558 FEDERAL REGISTER, Tuesday, July 21, 1942

appropriate in the public interest and to further deliveries of, or from processing as of the expiration of 20 days after the promote the national defense: or using, material under priority control date of issuance of this Schedule, and § 1293.1 Limitation Order L-157— (a ) and may be deprived of priorities assist­ such records shall be kept readily avail­ Issuance of Schedules of Simplification ance. (P.D. Reg. 1, as amended, 6 F.R. able and open to audit and inspection of Lines. The Director General for 6680; W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, by duly authorized representatives of the Operations may, from time to time, issue 7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. War Production Board. (P.D. Reg. 1, as schedules1 establishing simplified prac­ 9125, 7 F.R. 2719; sec. 2 (a ), Pub. Law amended, 6 F.R. 6680; W.P.B. Reg. 1, 7 tices with respect to types, sizes, forms, 671, 76th Cong., as amended by Pub. Laws F.R. 561; E.O. 9024, 7 F.R. 329; E.O. 9040 specifications or other qualifications for 89 and 507, 77th Cong.) 7 F.R. 527; E.O. 9125, 7 F.R. 2719; sec! any hand tools. From and after the ef­ Issued this 20th day of July, 1942. 2 (a ), Pub. Law 671, 76th Cong., as fective date of any such schedule, no such amended by Pub. Laws 89 and 507, 77th A m o r y H o u g h t o n , Cong.) products shall be produced or fabricated Director General for Operations. or delivered by or accepted from any pro­ Issued this 20th day of July 1942. ducer or fabricator except in conformity [P . R . D oc. 42-6891; F iled, J u ly 20, 1942; 11:27 a. m.J A m o r y H o u g h t o n , with the issued Schedule, and except as Director General for Operations. specifically permitted by such schedule. (b ) Appeals.* Any person affected by this order or any schedule issued pursuant P a r t 1293—H a n d T o o l s S implification APPENDIX A TO SCHEDULE I— LIMITATION thereto who considers that compliance [Schedule I to Limitation Order L-157] ORDER L -1 5 7 therewith would work an exceptional and HAND SHOVELS, SPADES, SCOOPS AND Explanations a n d limitations— (1) unreasonable hardship upon him, or that TELEGRAPH SPOONS Grades. A, B, and C designate qualities it would result in a serious problem of of complete hand shovels, spades, scoops, § 1293.2 Schedule I to Limitation Or­ unemployment in the community, or that or telegraph spoons; A designating the compliance with this order or such Sched­ der L -1571 (a ) Definition. For the purposes of this schedule: best quality. A-grade tools are equipped ule would disrupt or impair a program with grade XX or SA handles; B-grade of conversion from nondefense to defense (1) “Producer” means any person who tools are equipped with grade X or SC work, may apply for relief by addressing manufactures, stamps, forges, or other­ handles. SA, SB, and SC grades are ap­ a letter to the W a r Production Board, wise fabricates hand shoyels, spades, proximately equivalent to XX, X, and setting forth the pertinent facts and the scoops or telegraph spoons. No. 1, respectively, which are the handle- reasons why such person considers that (b) Simplified practices. Pursuant to grade designations commonly employed he is entitled to relief. The Director Limitation Order No. L-157 the sizes, by the shovel industry. Grades SA, SB, General for Operations may, thereupon, types, grades, finishes, lifts, gauges and and SC are defined in Simplified Practice take such action as he deems appropriate. handles set forth in Appendix A hereto Recommendation R76, Ash Handles, is­ (c) Applicability of Priorities Regula­ are hereby established for the manufac­ sued by the United States Department of tion No. 1. This order (and any schedules ture of hand shovels, spades, scoops or Commerce, National Bureau of Stand­ issued pursuant thereto) and all transac­ telegraph spoons. ards. tions affected thereby, are subject to the (c) Effective date of simplified prac­ Nothing in this provision shall be con­ provisions of Priorities Regulation No. 1 tices. On and after September 1, 1942, strued as prohibiting the substitution for (Part 944), as amended from time to no hand shovels, spades, scoops or tele­ ash of other suitable species of wood hav­ time, except to the extent that any provi­ graph spoons which do not conform to ing characteristics as nearly comparable sion of this order or such schedule may the sizes and standards established by as possible to the respective grades of ash be inconsistent therewith, in which case paragraph (b) hereof (and set forth in for which they are substituted; provided the provisions of this order (or such .the Appendix hereto) shall be produced that the buyer consents, and all handles schedule) shall govern. or delivered by any producer or accepted other than ash be marked with the name (d) Communications to War Produc­ by any person from any such producer of the specie of wood of which they were tion Board. All reports required to be except with the express permission of the made. filed hereunder, and all communications Director General for Operations; and (2) Blades. No alloy blades shall be concerning this order, shall, unless other­ after the expiration of 20 days from the manufactured except for corrugated coal wise directed, be addressed to W ar Pro­ date of issuance of this-Schedule, no m a­ shovels in 17 gauge and round and square duction Board, Building Materials terial for the manufacturing of hand point shovels in 14 gauge, which may be Branch, Washington, D. C., Ref: L-157. shovels, spades, scoops or telegraph manufactured from intermediate man­ (e) Violations. Any person who wil­ spoons shall be accepted for delivery by ganese (1300 series). Such alloy blades fully violates any provision of this order, any producer which does not conform to shall be sold or delivered by any producer or who, in connection with this order, the sizes and standards set forth in Ap­ or accepted from any producer only for wilfully conceals a material fact or fur­ pendix A attached hereto. use in mining operations. nishes false information to any depart­ (d ) Records covering materials, work (3) Blade finishes. Black or natural ment or agency of the United States is in process, etc. Each producer shall re­ finish is obtained by dipping the blade guilty of a crime, and upon conviction tain in his files records showing his in­ in its natural state, except that it may be may be punished by fine or imprison­ ventory of raw materials, work in process wire brushed to remove scale or rust, in ment. In addition, any such person hiay and finished hand shovels, spades, scoops lacquer, or lacquer with an asphaltum be prohibited from making or obtaining and telegraph spoons (by types and sizes), base, or other suitable protective coating; the blade shall not be pickled before being 1 Infra. 1 Supra. wire brushed. Full polished finish is ob- FEDERAL REGISTER, Tuesday, July 21, 1942 5559 tained by pickling the blade, finishing on turers’ standard tolerances. The gauge be so coated, but only so far along the roughing and finishing polishing wheels, of blades is to be determined by averag­ stem as is necessary to cover any metal and dipping it in lacquer, lacquer with an ing five measurements taken as specified used in the construction of the D. asphaltum base, or other suitable pro­ in Federal Specification GGG-S-326. (6) Handle lifts. Each kind and size tective coating. No hand shovels,, spades, (5) Handle finish. Neither long han­ of hand shovel, spade, scoop, and tele­ scoops, or telegraph spoons shall be fin­ dles, nor the stems of D handles, shall be graph spoon shall be manufactured with ished in other than black or natural fin­ painted or otherwise finished than by only one lift, which shall be in accord­ ish, except moulders’ shovels and grain standing or waxing, except intrenching ance with the individual manufacturer’s scoops, which may be full polished on the shovels, which are to be painted in ac­ present standard practice, except cor­ face only. cordance with the War Department's rugated coal shovels, which may be made (4) Gauges. The gauges referred to specification. Any metal used in the with lifts of 21,17,14, and 11 inches, and are the steel manufacturers’ standard construction of D handles may be given eastern pattern scoops, which may be gauges, and are subject to the manufac­ a protective coating, or the entire D may made with lifts of 21 and 13 inches.

TABLE 1—SHOVELS

Blade

Multiple size1 Hind Grades Gage Plain back and solid Hollow back Closed back No. shank or Steps solid socket3

Inches Inches Inches 1. Bam or general purpose. 0 16 2 12x21...... 2 14 x 23...... A, B, C 2. Coal, corrugated *...... 17 4 15 x 24...... 3. Coal dust, or bug dust.. B or C 16 4 14 x 21...... A, B 16 2 10 x 2 1 5 4 ____ 10 x 2 1 5 4 ____ 954x1156... Ö 2 10 x 2 1 5 4 ____ 10 x 2154____ 10x1254... (*) 4. Round Point. A, B 14 4 11 x 22%____ 11 x 2 2 5 4 ____ 11 x 1354--- <‘) 6 12 X 23%____ 12 x 2354____ 12 x 1454--- <‘> 2 10 x 2154____ 0 15 10 x 2 1 5 4 ____ 10 x 1254--- (*) 4 11 x 2 2 5 4 ____ 11 x 2254____ 11x 1354--- (‘) A, B 16 2 10 x 2 1 5 4 ..... 10 x 21J4...... 954 x 1 1 5 4 .... <‘> 2 10 X 2154____ 10x2154____ 10x 1254... <0 8. Square Point. A, B 14 4 11 x 2 2 5 4 ____ 11 x 2254____ i l x 1354— . (<) 6 12 x 2354____ 12 x 2354...... 12 x 1454~~ w 2 10 2154____ 10 x 1254___ 0 15 X 10 x 2154____ w 4 11 x 2254____ 11 x 2254____ 11 x 1354-... (‘) 6. Irrigating______i B 15 2 10 X 2154____ 10 x 2154____ 10 x 1 2 5 4 -— (‘) 7. Mining—stiff point and spring point. A, B 14 2 in x 2 1 * 4 10 x 1254-__ (*) 8. Moulders’______A , B, C 15 2 in T 2 i * 4 10x21*4 1 0 x 1 2 1 4 9. Ore______j A, B 14 4 11 T 21*4 10. Telegraph...______I A 13 2 10 x 12*4 11. Track______I A 13 2 10 X 2 1 5 4 ____ ‘ 10x2154... « 1 0 X 1 2 5 4 ... 12. Intrenching shovel * ..______:

> Multiple size is the size of the flat sheet of steel required to make one blade. The same multiple size is to be used for both D and long bandied shovels of a given number (size). » The trimmed blank for a solid shank shovel is to be the same size as the blank for a similar type and size of plain bade shovel. * To be made In lifts of 21,17,14, and 11 inches. * W ijh or without steps; one type only. * If sockets are rolled, a shorter multiple may be used, so that the trimmed blank will correspond with the length given. * If step is made as an integral part of blade, add 54 inch to the length of the multiple. 7 To be in accordance with U . S. Army Specification No. 17-172.

TABLE 2—SPADES

Blade

Multiple size1 Hind Grades Gage

Hollow back Plain back Length or and closed and solid Steps size No. back shank3

Inches Inches A, B 14 14 inches___ 754x23..... 754x14...... One type. 16 inches___ 754 x 25...... 754 x 16...... One type. 18 inches___ 754 x 27...... 754 x 18...... One type. A , B 14 754 x 23...... 754 x 14...... One type. 16 inches___ 754 x 25...... 754 x 16...... One type. 18 inches___ 754x27...... 754x18...... One type. O 13 8 x 2154 3 754 x 12 54 ‘.. One type. A 13 No. 2.1...... 754 x 1354 One type.

i Multiple size is the size of the flat sheet of steel required to make one blade. The same multiple size is to be used for both D and long handle spades of a given size. 3 The trimmed blank for a solid shank spade is to be the same size.as the blank for a similar type and size of plain back spade. 3 If sockets are rolled, a shorter multiple may be used, so that the trimmed blank will correspond with the length given. * If step is made as an integral part of the blade, add 56 inch to the length of the multiple.

No. 142------4 5560 FEDERAL REGISTER, Tuesday, July 21, 1942

TABLE 3-SCOOPS AND TELEGRAPH SPOONS of Size Groups 1 to 25 inclusive except Size Group 18, and a sum not exceeding $1.45 in the case of Size Group 18. (b) Maximum prices for the follow­ ing size groups of coals produced at the Newcastle (Coal Creek) Mine (Mine Index No. 22) of Strain Coal Company, shall be the applicable effective minimum price per net ton as of April 1,1942 plus the following respective amounts per net ton: a sum not exceeding 85 cents in the case of Size Groups 1 to 25 inclusive except Size Group 18, and a sum not exceeding $1.10 in the case of Size Group 18. (c) Maximum prices for the following size groups of coals produced' at the Cedar Mountain Mine (Mine Index No. 8) of the Consolidated Coal Mines, Inc. shall be the applicable effective minimum price per net ton as of April 1,1942 plus a sum not exceeding $1.00, in the case of Size Groups 2, 3, 4, 11, 16 and 24. (d) Maximum prices for the follow­ 1 Multiple size is the size of the flat sheet of steel required to make one blade. The same multiple size is to be used for both D and long handle scoops of a given size nujnber. ing size groups of coals produced at the 3 The trimmed blank for a solid shank spoon is to be the same size as the blank for a similar type and size of plain M cKay Mine (Mine Index No. 819) of the back spoon. Dale Coal Company shall be the appli­ 8 To be furnished in lifts of 21 and 13 Inches. * M ay be made from smaller multiples, if desired. cable effective minimum price per net ton [F . R . Doc. 42-6890; F iled, J u ly 20, 1942; 11:35 a. m .] as of April 1, 1942 plus the following respective amounts per net ton: a sum not exceeding $1.75 in the case of Size Group 2, a sum not exceeding 95 cents in Chapter X I— Office of Price (b) Maximum prices for the following the case of Size Groups 8, 10, 12, 15, 21, Administration size groups of coals produced at the 22 and 24, a sum not exceeding $1.45 in Cedar Mountain Mine (Mine Index No. P art- 1340— F uel the case of Size Group 9, a sum not 8) of the Consolidated Coal Mines, Inc., exceeding $1.35 in the case of Size Group [Amendment 9 to Maximum Price Regu­ shall be the following amounts per net 17, and a sum not exceeding $1.60 in the la tio n 120 *] ton: Size Group 2, $5.90; Size Group 3, case of Size Group 18. $5.90; Size Group 11, $4.65; Size Group BITUMINOUS COAL DELIVERED FROM MINE OR 16, $4.15; Size Group 24, $2.50. § 1340.211a Effective dates of amend­ PREPARATION J?LANT (c) Maximum prices for the following ments. * * * Prices in District 23 size groups of coal produced at the New­ (j) Amendment No. 9 (§ 1340.233 (b) castle (Coal Creek) Mine (Mine Index (1 ), (b) (2) ) to Maximum Price Regu­ A statement of considerations involved No. 22) of the Strain Coal Company shall lation No. 120 shall become effective July in the issuance of this amendment has be the following amounts per net ton: 17, 1942. been filed with the Division of the Fed­ Size Group 2, $5.60; Size Group 3, $5.60; eral Register.* (Pub. Law 421, 77th Cong.) Size Group 4, $5.60; Size Group 5, $5.60; A new subdivision (i) is added to para­ Size Group 7, $4.80; Size Group 8,. $4.80; Issued this 17th day of July 1942. graph (b) (1) of § 1340.233; a new sub­ Size Group 9, $4.65; Size Group 10, $4.70; L e o n H e n d e r s o n , division (i) is added to paragraph (b) Size Group 11, $4.50; Size Group 12, Administrator. (2) thereof, as set forth below; $4.50; Size Group 13, $4.10; Size Group IF. R. Doc. 42-6848; Filed, July 17, 1942; § 1340.233 Appendix V: Maximum 14, $4.10; Size Group 15, $4.10; Size 4:54 p. m.] Prices for "bituminous coal produced in Group 16, $4.00; Size Group 22, $3.00; District No. 23. * * * Size Group 24, $2.50. (b ) * * * (d ) Maximum prices for the following (1) Maximum prices in cents per net size groups of coal produced at the M c­ P a r t 1341— C a n n e d a n d P r e s e r v e d F o o ds ton for shipment to all destinations for Kay Mine (Mine Index No. 819) of the all uses and by all methods of trans­ Dale Coal Company shall be the follow­ [M ax im u m P rice R e gu latio n 181] portation, except as otherwise specifi­ ing amounts per net ton: Size Group 2, N E W -FO R M U LA CONDENSED SOUPS PACKED cally provided in this Appendix. $7.15; Size Group 8, $6.15; Size Group 9, UNDER WPB CONSERVATION ORDER M-81 * * * # * $6.20; Size Group 10, $5.70; Size Group (i) Special price instructions, (a) 12, $5.60; Size Group 15, $5.60; Size Group In the judgment of the Price Adminis­ Maximum prices for the following size 17, $5.20; Size Group 18, $5.00; Size trator, the maximum prices established by groups of coals produced at the Black Group 21, $4.70; Size Group 22, $4.70; the General Maximum Price Regulation1 Diamond Mine (Mine Index No. 32) of Size Group 24, $4.05; Size Group 25, $2.50. for the sale of canned soups are not ap­ the Pacific Coast Coal Company, shall (2) Maximum prices in cents per net plicable to those canned condensed soups be the following amounts per net ton: ton for shipment by truck or wagon to whose packing in tin plate or terneplate Size Group 2, $6.80; Size Group 10, $6.40; all destinations for all uses. alter June 30,1942, is governed and alone Size Group 9, $6.05; Size Group 10, $5.95; # * * * * permitted . under Conservation Order Size Group 12, $5.85; Size Group 15, M-81, and amendments thereto, issued (i) Special price instructions, (a ) by the W ar Production Board. $5.85; Size Group 17, $5.15; Size Group Maximum prices for the following size This Maximum Price Regulation No. 18, $4.95; Size Group 21, $4.95; Size groups of coals produced at the Black 181 is issued by the Price Administrator Group 22, $4.95; Size Group 24, $4.30; Diamond Mine (Mine Index No. 32) of in order to establish for the canners and Size Group 25, $2.75. the Pacific Coast Coal Company shall other sellers of such canned condensed be the applicable effective minimum price * 7 F .R . 3168, 3447, 3901, 4336, 4342, 4404, soups maximum prices which are fair and per net ton as of April 1, 1942 plus the 4540. 2 Copies may be obtained from Office of following respective amounts per net ton: 1 F.R . 3153, 3330, 3666, 3990, 3991, 4339, 4487, Price Administration. a sum not exceeding $1.20 in the case 4659, 4738, 5027, 5276, 5192, 5365. FEDERAL REGISTER, Tuesday, July 21, 1942 5561 equitable and which will effectuate the pack after June 30, 1942, under Conser­ prices, labor rates, and overhead rates purposes of the Emergency Price Control vation Order M-81, and amendments in effect on M arch 30, 1942. If the Act of 1942. thereto, at a price higher than the maxi­ canner is actually producing or has ac­ The maximum prices established here­ mum prices established by this Maximum tually produced any canned condensed in are not below prices which will Price Regulation No. 181; soup being priced hereunder, he shall reflect to producers of the agricultural (b ) No person in the course of trade or to that extent determine the direct cost commodities from which canned con­ business shall buy or receive any such per dozen of such canned condensed soups densed soups are manufactured, a price canned condensed soup at a price higher in dollars and cents based upon his actual for their products equal to the highest of than the maximum prices established by production experience. If the canner is any of the following prices therefor as this Maximum Prjce Regulation No. 181; not actually producing or has not actually determined and published by the Secre­ (c) No person shall agree, offer, so­ produced any canned condensed soup tary of Agriculture: (1) 110 per centum licit, or attempt to do any of the fore­ being priced hereunder, he shall estimate of the parity price for such commodity, going. to the best of his ability the direct cost per dozen in accordance with his cus­ adjusted by the Secretary of Agriculture § 1341.52 Canner’s maximum prices for grade, location, and seasonal differ­ tomary system of determining direct for new-formula condensed soups packed entials; (2) the market price prevailing cost. The maximum price based upon under WPB Conservation Order M-81. for such commodity on October 1, 1941; such estimated direct cost shall be sub­ (a) Except as hereinafter provided in (3) the market price prevailing for such ject to adjustment by the Office of Price paragraph (c) of this section, the canner commodity on December 15, 1941; or (4) Administration at any time. in computing his maximum price per the average prices for such commodity (c) If since January 1, 1941, a canner dozen for each variety and can size of during the period July 1, 1919 to June at any time sold and delivered all or part canned condensed soup which it is per­ of his canned soups at a uniform price, 30, 1929. missible to pack after June 30, 1942, A Statement of the Considerations in­ he may sell and deliver all or part of his under Conservation Order M-81, and volved in the issuance of this Regula­ canned condensed soups at one or more amendments thereto, tion has been issued simultaneously here­ uniform maximum prices, as hereinafter (1) Shall divide the weighted average with and has been filed with the Division determined. The maximum price per price per dozen charged during the cal­ of the Federal Register. dozen cans for the canned condensed endar year 1941 for the related variety of Therefore, under the authority vested soups, governed by this Maximum Price canned soup then sold, in the can size in the Price Administrator by the Emer­ Regulation No. 181, which are to be sold which had the largest retail sale for that gency Price Control Act of 1942, M axi­ on any uniform price line basis shall be: variety during the calendar year 1941, by mum Price Regulation No. 181 is hereby (1) The average of the respective the weighted average direct cost per maximum prices for the varieties and Issued. dozen of such soup during the calendar Sec. year 1941; and can sizes of the. canned condensed soups which are to be included in the uniform 1341.51 Prohibition against selling or buy­ (2) Shall multiply the figure so ob­ price line, as individually determined ing, above maximum prices, new- tained by the direct cost per dozen of formula condensed soups packed under paragraph (b ) of this section; the variety and can size of canned con­ under WPB Conservation Order weighted according to densed soup being priced hereunder. M —81. . (2) The number of dozens of the re­ 1341.52 Canner’s maximum prices for new- (b) In determining the canner’s maxi­ formula condensed soups packed mum price: lated varieties of canned soups which under WPB Conservation Order (1) The “weighted average price” for were sold during the one-year period im­ M -8 1 . any canned soup packed during the cal­ mediately preceding the date of compu­ 1341.53 Wholesaler’s and retailer’s maxi­ endar year 1941 shall be the total gross tation hereunder, without regard to can mum prices for new-formula con­ sales dollars charged for each variety size, except that in case of any price re­ densed soups packed under WPB and can size divided by the number of vision made under paragraph (d) of this Conservation Order M-81. section the number of dozens of the va­ 1341.54 Inability to fix maximum prices un­ dozens sold of such variety and can size rieties and can sizes of canned condensed der preceding sections. during the calendar year 1941. 1341.55 Information and advice to purchas­ (2) The “weighted average direct cost soups included in the price line which ers from canners and wholesalers. per dozen” for any canned soup packed have been sold during such period shall also be included. 1341.56 Distinctive labeling. during the calendar year 1941 shall be 1341.57 Transfers of business or stock in the following costs in dollars and cents (d) If during any three-months period trade. per dozen which entered into the produc­ subsequent to October 1, 1942, the total 1341.58 Less than maximum prices. sales volume, since thè last price compu­ 1341.59 Evasion. tion of canned soups up to and including tation hereunder, of any variety sold as 1341.60 R eco rd s a n d reports. the putting of the finished product in a 1341.61 Licensing; applicability of the reg­ warehouse on behalf of the canner: Raw part of a price line has varied more than istration and licensing provisions material, can, carton, label, direct labor, 25% in proportion to the total sales of the General Maximum Price and factory expenses, including main­ volume, during the same period, of all Regulation. tenance, rent, heat, light, power, water, soups included in the price line, the can­ 1341.62 Marking and posting by retailers; refrigeration, and indirect labor. The ner must recompute his uniform maxi­ applicability of the marking and mum price at the end of such three- posting provisions of the Gen­ weighted average direct cost per dozen for months period in accordance with the eral Maximum Price Regulation. each variety shall be the total direct cost 1341.63 E n forcem en t. divided by the number of dozens of such provisions of paragraph (c ) of this sec­ 1341.64 Petitions for amendment. variety of canned soups produced during tion. But in no event shall the maxi­ 1341.65 Applicability. the calendar year 1941. mum price thus computed exceed the 1341.66 Applicability of the General Maxi­ (3) The “direct cost per dozen” of any maximum price for such price line as mum Price Regulation. first computed hereunder. 1341.67 E x p o rt sales. canned condensed soup being priced 1341.68 D efin ition s. hereunder shall be computed in dollars (e) No canner shall change his cus­ 1341.69 Effective date. and cents per dozen for the following tomary allowances, discounts, or other factors which enter into the production price differentials unless such charge re­ Authority: §§ 1341.51 to 1341.69, inclusive, issued under Pub. Law 421, 77th Cong. of canned condensed soups up to and in­ sults in the same or a lower price. cluding the putting of the finished prod­ § 1341.51 Prohibition against selling uct in a warehouse on behalf of the § 1341.53 Wholesaler’s and retailer’s or buying, above maximum prices, new- canner: Raw material, can, carton, label, maximum prices for new-formula con­ formula condensed soups packed under direct labor, and factory expenses, in­ densed soups packed under W PB Con­ WPB Conservation Order M-81. (a ) cluding maintenance, rent, heat, light, servation Order M -81— (a) Every whole­ On and after July 18, 1942, regardless of power, water, refrigeration, and indirect saler and retailer, in computing the any contract or other obligation, no per­ labor, provided that, with the exception maximum price per dozen or per can for son shall sell or deliver any canned con­ of raw material, such direct costs shall each brand, variety, and can size of densed soup which it is permissible to be determined on the basis of material canned condensed soup which it is per- 5562 FEDERAL REGISTER, Tuesday, July 21, 1942 missible to pack after June 30, 1942, (b) Any person, except a retailer, sell­ (1) Preserve for examination by the under Conservation Order M-81, and ing canned condensed soups covered by Office of Price Administration all their amendments thereto: this Maximum Price Regulation No. 181 existing records which were the basis (1) Shall divide his maximum price shall, within 5 days after the receipt by for the computations required by per dozen or per can, as determined him of the text, or copy thereof, of In ­ § 1341.52 and § 1341.53, and (2) pre­ under the General Maximum Price Reg­ structions to Wholesalers and Retailers, serve all records of the same kind as he ulation, for the same brand, related va­ to be distributed to canners by the Office has customarily kept, relating to the riety, and that can size which had the of Price Administration, prepare and prices which he charged for canned con­ largest sale during the calendar year supply a copy of such Instructions to densed soups sold on and after July 18, 1941, by his replacement cost per dozen every person to whom he actually or reg­ 1942, and (3) file with the appropriate or per can of that soup; and ularly sells the canned condensed soups field office of the Office of Price Adminis­ (2) Shall multiply the figure so ob­ covered by this Maximum Price Regula­ tration on or before August 15, 1942, for tained by the maximum price per dozen tion No. 181. The text of such Instruc­ canners, and within 20 days respectively or per can which some person, selected tions will be prepared by the Office of after the maximum prices for all canned by him, from whom he was regularly Price Administration and will include condensed soups sold by them can first be purchasing such related canned soup specific directions to wholesalers and re­ determined hereunder, for wholesalers, a during the first three months of the year tailers as to the manner in which m axi­ statement certified under oath or affirma­ 1942, is entitled to charge him under this mum prices shall be computed hereunder. tion showing the maximum prices deter­ Maximum Price Regulation No. 181 for § 1341.56 Distinctive labeling. Every mined hereunder for each variety and can the canned condensed soup being priced canner, and any other person for whose size of canned condensed soups, and all hereunder. account canned condensed soups covered his customary allowances, discounts, and (b) No canned condensed soup shall be by this Maximum Price Regulation No. other price differentials, with the qualifi­ sold by any wholesaler or retailer until 181 are packed or labeled, shall label each cation that except as hereinafter pro­ he has computed hereunder his maxi­ such soup sold by him in a manner calcu­ vided retailers shall not be required to mum price for such soup, and when com­ lated clearly to distinguish it, in the eyes file their maximum prices, and (4) pre­ puted such maximum price shall be his of the ordinary casual purchaser at re­ serve a true copy of such statement for maximum price from that time forward. examination by any person during ordi­ tail, from canned soups not covered by (c) No wholesaler or retailer shall this Maximum Price Regulation No. 181, nary business hours. Any person who change his customary allowances, dis­ claims that substantial injury would re­ and shall file with the Office of Price Ad­ counts, or other price differentials unless ministration, Washington, D. C., on or sult to him from making such statement such change results in the same or a before August 15, 1942, a sample of each available to any other person shall so lower price. new label required hereunder together notify the appropriate field office of the § 1341.54 Inability to fix maximum with a sample of each label heretofore Office of Price Administration, and if he prices under preceding sections. used, during the calendar years 1941 and is a retailer he shall include with the noti­ If for any person the maximum price 1942, on those respective canned soups fication a true copy of such certified cannot be determined under §§ 1341.52 not covered by this Regulation which statement. The information contained and 1341.53 of this Maximum Price Reg­ were the most closely related to the in such a statement will not be published ulation No. 181, the maximum price shall canned condensed soups sold under this or disclosed unless it is determined that be a price determined by such person Maximum Price Regulation No. 181. the withholding of such information is after specific authorization from the O f­ contrary to the purposes of this Maxi­ § 1341.57 Transfers of business or fice of Price Administration. A person mum Price Regulation No. 181. stock in trade. If the business, assets, who seeks such authorization shall file (b) In addition to the foregoing, every or stock in trade of a canner are sold or with the Office of Price Administration, canner who makes sales of canned con­ otherwise transferred on or after July 18, Washington, D. C., an application setting densed soups shall file with the Office 1942, and the transferee carries on the forth (a) a description in detail of the of Price Administration, Washington, business, the maximum prices of the brand, variety and can size of the canned D. C., on or before August 15, 1942, a transferee shall be the same as those to condensed soup for which a maximum statement certified under oath or affir­ which his transferor would have been mation showing: price is sought; and (b) a statement of subject if no such transfer had taken the facts which differentiate such variety (1) The weighted average direct cost place, and his obligation to keep records and can size of canned condensed soup per dozen, as defined in § 1341.52 sufficient to verify such prices shall be from the most similar variety and can hereof, of those varieties of canned soups the same. The transferor shall either size for which he has determined a maxi­ packed during the calendar year 1941 preserve and make available, or turn mum price, stating such most similar which are related to the canned con­ over to the transferee, all records of densed soups being priced hereunder, in variety and can size, and the maximum transactions prior to the transfer which price determined therefor. When such the respective can sizes which had the are necessary to enable the transferee largest retail sale during the calendar authorization is given, it will be accom­ to comply with the record provisions of year 1941; panied by instructions as to the method § 1341.60. (2) The weighted average price per for determining the maximum price. dozen, as defined in ' § 1341.52 here­ Within ten days after such price has § 1341.58 Less than maximum prices. of, charged by the canner during the been determined a canner shall report Lower prices than those established by calendar year 1941 for the canned soups the price to the Office of Price Adminis­ this Maximum Price Regulation No. 181 specified in paragraph (b) (1 ); tration, Washington, D. C., under oath may be charged, demanded, paid, or (3) The direct cost per dozen, as or affirmation. The price so reported offered. defined in § 1341.52 hereof, of the shall be subject to adjustment at any § 1341.59 Evasion. The price limita­ canned condensed soups which are being time by the Office of Price Administra­ tions set forth in this Maximum Price tion. priced hereunder. If all or part of the Regulation No. 181 shall not be evaded, direct cost is estimated by the canner a § 1341.55 Information and advice to whether by direct or indirect methods, in statement shall also be submitted show­ purchasers from canners and wholesalers. connection with any offer, solicitation, ing the basis for such estimates; (a) Any person, except a retailer, sell­ agreement, sale, delivery, purchase, or (4) The maximum price for each vari­ ing canned condensed soups covered by receipt of or relating to canned soups, ety and can size of such canned con­ this Maximum Price Regulation No. 181 alone or in conjunction with any other densed soups, as determined under this shall, before making any sales of such commodity or by way of any commission, Maximum Price Regulation No. 181; service transportation, or other charge, soups to any person to whom he was reg­ (5) The uniform maximum price for or discount, premium, or other privilege, ularly selling any related variety of can­ any price line established under this by tying-agreement, or other trade un­ ned soup during the first three months Maximum Price Regulation No. 181, to­ derstanding, or otherwise. of the year 1942, disclose in writing all gether with a schedule showing the vari­ maximum prices which he is entitled to § 1341.60 Records and reports, (a ) eties and can sizes of canned condensed charge such purchaser under this M axi­ Every person who makes sales of canned soup included in such price line and the mum Price Regulation No. 181. condensed soups shall: total sales volume of each such soup dur- FEDERAL REGISTER, Tuesday, July 21, 1942 5563

Ing the one-year period immediately pre­ § 1341.65 Applicability. The provi­ would have had to pay to replace such ceding the date on which the uniform sions of this Maximum Price Regulation commodity on that date. maximum price was computed hereun­ No. 181 shall be applicable to the United (7) “Retail sale” means a sale, by der; and States, its territories and possessions, other than a canner and in the original (6) A schedule showing the percentage and the District of Columbia. can, to an ultimate consumer other than an industrial or commercial user. of dry solids and the recommended dilu­ § 1341.66 Applicability of the Gen­ (8) “A'ppropriate field office of the O f­ tion with water for: eral Maximum Price Regulation1 The (i) The canned condensed soups being fice of Price Administration” means the provisions of this Maximum Price Regu­ district office for the district (or in the priced hereunder; and lation No. 181 supersede the provisions of (ii) The related varieties of canned absence of such district office, the state the General Maximum Price Regulation, soups sold during the calendar year 1941. office for the State) in which is located except as provided in § 1341.61 and (c) In addition to the foregoing, every the seller’s place of business from which § 1341.62 hereof, with respect to the sales canner whose uniform maximum price his sales are made. and deliveries of canned condensed soups for the canned condensed soups included (b) Unless the context otherwise re­ packed in tinplate or terneplate for in any price line is revised under quires, the definitions set forth in section which maximum prices are established § 1341.52, paragraph (d) hereof, shall 302 of Emergency Price Control Act of by this Maximum Price Regulation No. within 20 days after the termination of 1942 shall apply to other terms used 181. the three-months period specified in such herein. section and paragraph file with the Office § 1341.67 Export sales. T h e maxi­ § 1341.69 Effective date. This Maxi­ of Price Administration in Washington, mum price at which a person may export mum Price Regulation No. 181 (§§ 1341.51 D. C., any canned condensed soup otherwise to 1341.69 inclusive) shall become effec­ (1) The uniform maximum price, as governed by this Maximum Price Regu­ tive July 18, 1942. revised; lation No. 181 shall be determined in ac­ (2) A statement of the extent to which cordance with the provisions of the M ax­ Issued this 17th day of July 1942.

the sales volume of each variety included imum Export Price Regulation3 issued by L e o n H e n d e r s o n , in the price line has changed since the the Office of Price Administration. Administrator. preceding price computation; and § 1341.68 Definitions, (a ) W hen used [F . R . D oc. 6854; F iled, J u ly 17, 1942; (3) A statement of the respective sales in this Maximum Price Regulation No. 4:54 p. m.] volumes, in dozens of cans of each of the 181 the term: soups included in the price line, during (1) “Person” includes an individual, the one-year period immediately preced­ corporation, partnership, association, any ing the termination of the three-months other organized group of persons, legal P a r t 1347— P a p e r , P a p e r P r o d u c t s , R a w period specified above. successors or representatives of any of M a t e r ia l s f o r P a p e r a n d P a p e r § 1341.61 Licensing; applicability of the foregoing, the United States, any P r o d u c t s the registration and licensing provisions agency thereof, any other Government, [Amendment 1 to Maximum Price Regulation of the General Maximum Price Regula­ or any of its political subdivisions, and 1401] tion.* The registration and licensing pro­ any agency of any of the foregoing. SANITARY NAPKINS visions of §§ 1499.15 and 1499.16 of the (2) “Cahner” means a person who General Maximum Price Regulation are purifies by heat and hermetically seals A statement of the considerations in­ applicable to every person selling at in containers made in whole or in part of volved in the issuance of this Amend­ wholesale or retail any canned condensed tinplate, terneplate, or blackplate or any ment has been issued simultaneously soup covered by this Maximum Price combination thereof, but not including herewith and has been filed with the Regulation No. 181. When used in this nonmetal containers even though the Division of the Federal Register. section the terms “selling at wholesale” closures, crowns, or caps of such non- Section 1347.157 (a ) is amended and and “selling at retail” have the defini­ metal containers are made in whole or in two new sections, 1347.157a and tions given to them by §§ 1499.20 (p) and part of tinplate, terneplate, or blackplate. 1347.160a are added as set forth below: 1499.20 (o) respectively of the General (3) “Canned condensed soup” means § 1347.157 Enforcement, (a ) Per­ Maximum Price Regulation. any condensed soup, purified by heat and sons violating any provisions of this § 1341.62 Marking and posting by re­ hermetically sealed in the metal contain­ Maximum Price Regulation No. 140 are tailers; applicability of the marking and ers heretofore referred to in paragraph subject to the criminal penalties, civil posting provisions of the General Maxi­ (a ) (2) of this section, of a kind and for­ enforcement actions, license suspension mum Price Regulation.1 The marking mula which it is permissible to pack after proceedings and suits for treble damages and posting provisions of § 1499.13 (a) June 30, 1942, under the provisions of provided for by the Emegency Price of the General Maximum Price Regula­ Conservation Order M-81, and amend­ Control Act of 1942. tion are applicable to every person selling ments thereto, issued by the W a r Pro­ • * * * * * duction Board, whether such soup was at retail any canned condensed soup § 1347.157a Licensing; applicability of packed before or after June 30, 1942. covered by this Maximum Price Regula­ registration and licensing provisions of tion No. 181. (4) “Price per dozen” shall mean the General Maximum Price Regulation? § 1341.63 Enforcement. Persons vio­ “price per dozen f. o. b. factory” or “de­ The registration and licensing provisions lating any provision of this Maximum livered price per dozen” according to of §§ 1499.15 and 1499.16 of the General Price Regulation No. 181, are subject to the seller’s customary practice, during Maximum Price Regulation are applicable the criminal penalties, civil enforcement the calendar year 1941, of charging the to every person subject to this Maximum actions, license suspension proceedings class of purchaser as to which a maxi­ Price Regulation No. 140 selling at whole­ and suits for treble damages provided by mum price is being determined. sale or retail any sanitary napkins cov­ the Emergency Price Control Act of 1942. (5) “Related variety” of canned soup ered by this Maximum Price Regulation § 1341.64 Petitions for amendment. means that canned soup which was the No. 140. W hen used in this section the Persons seeking a modification of this most similar in formula to the canned terms “selling at wholesale” and “selling Maximum Price Regulation No. 181 may condensed soup as to which a maximum at retail” have the definition, given to them by §§ 1499.20 (p) and 1499.20 (o ), file a petition therefor in accordance with price is being determined. respectively of the General Maximum the provisions of Procedural Regulation (6) “Replacement cost” shall be the No. I,2 issued by the Office of Price Ad­ Price Regulation. net price paid by the seller, on June 30, ministration. 1942, or the net price which the seller 17 F .R . 3410. 1 Supra, n ote 1. 2 7 F .R . 3153, 3330, 3666, 3990, 3991, 4339, 2 7 F.R. 971, 3663. 8 7 F .R . 3096, 3824, 4294, 4541, 5059. 4487, 4569, 4738, 5027, 5192. 5564 FEDERAL REGISTER, Tuesday, July 21, 1942

§ 1347.160a Effective dates of amend­ General Maximum Price Regulation shall ministration, Commodity Practices Reg­ ments. (a ) Am endm ent No. 1 apply to any sale of wooden agricultural ulation No. 1 is hereby issued. (§§ 1347.157 (a ), 1347.157a and 1347.160a containers which are not seasonal as Sec. (a)) to Maximum Price Regulation No. that term is herein defined. This M ax­ 1386.1 P ro h ib itio n a g ain st ch an ges in w eight 140 shall become effective the 21st day of imum Price Regulation No. 160 super­ or quality of bar or package soaps July, 1942. sedes the General Maximum Price Reg­ or cleansers sold or delivered by ulation as to the seasonal wooden agri­ (Pub. Law 421, 77th Cong.) manufacturers thereof. cultural containers, except as provided 1386.2 D efin ition s. Issued this 17th day of July 1942. in paragraphs (b ) and (c) of this section. 1386.3 R ecords a n d reports. 1386.4 E n forcem en t. L e o n H e n d e r s o n , (b) The provisions of §§ 1499.12 and 1386.5 Exceptions. Administrator. 1499.14 of the General Maximum Price Regulation, relating to records and of 1386.6 P etitio n s fo r am end m ent. [F . R . Doc. 42-6847; Filed, J u ly 17, 1942; 1386.7 A p p lic a b ility . §§ 1499.18 and 1499.19, relating to Adjust­ 1386.8 Effective date. 4:49 p. m.] ment and Amendment, shall apply to all sales, the maximum prices for which are ' Authority: §§ 1386.1 to 1386.8, inclusive, established by this Maximum Price Regu­ issued under Pub. Law 421, 77th Cong. P a r t 1347— P a p e r , P a p e r P r o d u c t s , R a w lation No. 160, and to all persons making § 1386.1 Prohibition against changes M a t e r i a l s f o r P a p e r a n d P a p e r such sales. in weight or quality of bar or package P r o d u c t s (c) The registration and licensing pro­ soaps or cleansers sold or delivered by [Amendment 3 to Maximum Price Regula­ visions of §§ 1499.15 and 1499.16 of the manufacturers thereof, (a ) On and tio n 114 *] General Maximum Price Regulation are after July 21, 1942, regardless of the applicable to every person subject to this WOODPULP terms of any contract, lease or other Maximum Price Regulation No. 160 sell­ obligation, no manufacturer thereof may A statement of the considerations in­ ing at wholesale or retail any seasonal sell, offer to sell, or deliver to any person volved in the issuance of this Amend­ wooden agricultural container covered bar or package soaps or cleansers which ment is issued simultaneously herewith by this Maximum Price Regulation differ in weight or quality from a bar or and has been filed with the Division of No. 160. Wheh used in this paragraph package soap or cleanser delivered or the Federal Register. the terms “selling at wholesale” and offered for current delivery by such man­ A new paragraph (e) is added to “selling lit retail” have the definitions ufacturer in the market area where such § 1347.232. given to, them by §§ 1499.20 (p) and person is located during the thirty day 1499.20 (o) respectively of the General § 1347.232 Appendix A: Maximum period ending July 17, 1942, except as Maximum Price Regulation. prices for woodpulp. * * * provided in paragraph (b) of this (e) All woodpulps defined, designated, § 1377.60 Effective dates of amend- section. or named herein shall be described when­ 7YlBTltS, * * * (b ) Notwithstanding the provisions of ever sold, invoiced, offered for sale or (c) Amendment No. 3 (§ 1377.54 (a) paragraph (a ) of this section, a manu­ contracted to be sold, under the appro­ (b) (c)) to Maximum Price Regulation facturer may improve the quality of any priate name provided by this Maximum No. 160 shall be effective as of July 21, bar or package soap or cleanser delivered Price Regulation No. 114, if any, either 1942. or offered for current delivery by him during the thirty day period ending in place of or in addition to any other (Pub. Law 421, 77th Cong.) designation employed by the seller. July 17, 1942, but in determining the Issued this 17th day of July, 1942. maximum price for the improved bar or § 1347.231a Effective dates of amend­ package soap or cleanser under the Gen­ ments. * * * L e o n H e n d e r s o n , Administrator. eral Maximum Price Regulation it shall (c) Amendment No. 3 (§ 1347.232 (e) ) be deemed to be the same commodity as to Maximum Price Regulation No. 114 [F . R . D oc. 42-6849; F iled , J u ly 17, 1942; 4:50 p. m.] the non-improved bar or package soap shall become effective July 21, 1942. or cleanser. (Pub. Law 421, 77th Cong.) § 1386.2 Definitions, (a) This Com­

Issued this 17th day of July 1942. P a r t 1386— S o a p s a n d G l y c e r i n e modity Practice's Regulation No. 1 and the. terms appearing therein shall be L e o n H e n d e r s o n , [C ommodity Practices Regulation 1] construed as follows: Administrator. BAR o r p a c k a g e s o a p s o r c l e a n s e r s (1) “Person” includes an individual, [F . R . D oc. 42-6846; F iled, J u ly 17, 1942; corporation, partnership, association, In the judgment of the Price Adminis­ 4:51 p. m.] any other organized group of persons, trator it is necessary in order to effec­ legal successor or representative of any tuate the purposes of the Emergency of the foregoing, and includes the United Price Control Act of 1942 and to prevent States, any agency thereof, any other manipulative practices which are equiv­ ' P a r t 1377— W o o d e n C o n t a i n e r s government, or any of its political sub­ alent to or are likely to result in price [A mendment 3 to Maximum Price Regula­ divisions, and any agency of any of the increases and evasions of the General tio n 1602] foregoing. Maximum Price Regulation1 in the sale SEASONAL WOODEN AGRICULTURAL of bar or package soaps or cleansers to (2) “M anufacturer” means a person CONTAINERS prescribe and limit further changes in \yho packages soaps or cleansers or cuts weight and quality of such products. or forms or stamps the same into bars. A statement of the considerations in­ (3) “Soap” means the product formed volved in the issuance of this Amend­ A statement of the considerations in­ by the saponification or neutralization of ment has been issued simultaneously volved in the issuance of this Regulation herewith and has been filed with the has been issued simultaneously herewith fats, oils, waxes, rosins, or their acids Division of the Federal Register. and filed with the Division of the Fed­ (fatty acids) with organic or inorganic Section 1377.54 is amended as set forth eral Register. bases, or any detergent composition con­ below: Therefore, under the authority vested taining such product. § 1377.54 Relation "between Maximum in the Price Administrator by the Emer­ (4) “B ar soap or cleanser” means the Price Regulation 160 and the General gency Price Control Act of 1942, and in following kinds of soap or cleanser in Maximum Price Regulation* (a ) The accordance with Procedural Regulation the size or type of bar which is custom­ No. 1 2 issued by the Office of Price A d- arily sold to household consumers: 17 F R . 2843. (i) Toilet soap. * 7 F.R . 4337. * 7 F .R . 3153, 3330, 3666, 3990, 3991, 4339, »7 F.R . 3153, 3330, 3666, 3990, 3991, 4339, 4487, 4659, 4738, 5027. (ii) Laundry soap. 4487, 4659, 4738. * 7 F .R . 971, 3663. (iii) Bar cleansers. FEDERAL REGISTER, Tuesday, July 21, 1942 5565

(5) "Package soap or cleanser” means ords in addition to or in place of the P a r t 1499— C o m m o d i t i e s a n d S e r v i c e s the following kinds of soap or cleanser records required in paragraph (a) of this [Amendment 14 to General Maximum Price in the size or type of package which is section as the Office of Price Administra­ Regulation] customarily sold to household consumers: tion may from time to time require. ADJUSTMENTS IN CASES OF SPECIAL DEALS (i) Granulated, powdered or sprayed § 1386.4 Enforcement, (a) Persons soap. ity Practices Regulation No. 1 are subject A statement of the considerations'in­ (ii) Soap chips and flakes. to the criminal penalties and civil en­ volved in the issuance of this Amend­ (iii) Washing powder. forcement actions provided for by the ment, issued simultaneously herewith, (iv) Cleansers and scouring powders. Emergency Price Control Act of 1942. has been filed with the Division of the (6) “Differ in weight” refers to a dif­ (b ) Persons who have evidence of any Federal Register.1 ference in marked weight in the case of violation of this Commodity Practices A new § 1499.4b is added as set forth package soaps or cleansers which have a violating any provision of this Commod- below: marked weight or in packed weight in Regulation No. 1 or any price schedule, § 1499.4b Adjustment of maximum the case of package soaps or cleansers regulation, or order issued by the Office which have no marked weight or in cut prices in cases of special deals: Any of Price Administration, or of any acts seller, other than a seller at retail, whose weight in the case of bar soaps or or practices which constitute such a vio­ cleansers. maximum price for a commodity to pur­ lation, are urged to communicate with (7) “Marked weight” is the net weight chasers of a particular class is based cn the nearest District, State, Field or Re­ a “special deal” given by him to such of the contents thereof as marked on a gional Office of the Office of Price A d ­ package of soap or cleanser which is not purchasers which he can demonstrate ministration, or its principal Office in in bar form. was to have terminated not more than Washington, D. C. (8) “Packed weight” means the net 123 days from the date on which it first weight of the contents of a package of § 1386.5 Exceptions, (a) An excep­ became effective, may adjust his maxi­ soap or cleanser not in bar form imme­ tion to the provisions of this Commodity mum price to such purchasers to the diately after packaging. Practices Regulation No. 1 may be highest price at which such commodity (9) “Gut weight” means the weight of granted to any manufacturer who can was delivered by him to a purchaser of a bar of soap or cleanser immediately establish that class during the 30 days imme­ after being cut, formed or stamped, into (1) That compliance with the provi­ diately preceding the date on which the bars. sions of this Commodity Practices Regu­ special deal first became effective. (10) “Differ in quality” refers to: lation No. 1 will cause him substantial A seller at retail whose maximum price (i) A difference in serviceability per hardship, for a commodity to purchasers of a par­ unit weight in the use for which the (2) That the granting of such excep­ ticular class is based on a special deal soap or cleanser is customarily intended, tion will not lead to manipulative prac­ given by him to such purchasers as the or tices which will defeat or impair the pur­ result of a special deal given to him by (11) A difference in -anhydrous soap poses of the Emergency Price Control Act his supplier may adjust his maximum content. of 1942, and price to such purchasers to the highest (11) “Improve the quality” refers to: (3) That the granting of such excep­ price at which such commodity was de­ (i) An increase in the anhydrous soap tion will not lead to evasions of the Gen­ livered by him to a purchaser of that content of a bar or package soap or eral Maximum Price Regulation.1 class during the 30 days immediately cleanser, or (b ) Petitions for exception shall be preceding the date on which the special (ii) An increase in the serviceability filed in accordance with the provisions deal given by him first became effective. per unit weight in the use for which the of Procedural Regulation No. 1,* issued by Such adjusted maximum price shall not soap or cleanser is customarily intended. the Office of Price Administration. apply to the particular commodities pur­ (12) “Anhydrous soap content” means chased by the retailer under the special § 1386.6 Petitions for amendment. the anhydrous soap content as deter­ deal given to him by his supplier. Persons seeking any modification of this mined by the official methods for testing The words “special deal,” as used in Commodity Practices Regulation No. 1 or soap set out in Federal Specification this section, mean any reduction in the an adjustment or exception not provided P-S-536 for Soap and Soap Products; price of a commodity to purchasers of a General Specifications for Sampling and for herein may file petitions for amend­ particular class from the price in effect Testing. ment in accordance with the provisions for purchasers of that class on the day (13) “Market area” means the geo­ of Procédural Regulation No. 1 2 issued by immediately preceding the date on which graphical area in which a manufacturer the Office of Price Administration. the special deal first became effective, in­ cluding but not limited to a reduction has delivered or offered for current de­ § 1386.7 Applicability, (a) The pro­ livery a particular bar or package soap in such price resulting from offers of visions of this Commodity Practices Reg­ or cleanser during the thirty day period free goods, combination sales, and in­ ulation No. 1 shall be applicable only to ending July 17,1942. creased quantity and other discounts to sales or deliveries of bar or package soaps (b) Unless the context otherwise re­ purchasers of such class. or cleansers to persons in the United quires, the definitions set forth in sec­ A seller who makes an adjustment in his maximum price pursuant to this sec­ tion 302 of the Emergency Price Control States, its territories and possessions, and Act of 1942 shall apply to other terms the District of Columbia. tion shall, within 10 days thereafter, sub­ mit a statement to the regional office of used in this Commodity Practices Regu­ (b) The provisions of this Commodity lation No. 1. Practices Regulation No. 1 shall not be the Office of Price Administration for the applicable to sales or deliveries of bar region in which the seller’s place of busi­ § 1386.3 Records and reports, (a) or package soaps or cleansers to the ness is located, except that if the seller Every manufacturer shall by September makes sales of the commodity in more United States or any agency thereof. 17, 1942 prepare and file with the Office than one region, the statement shall be of Price Administration in Washington, § 1386.8 Effective date. This Com­ submitted to the Office of Price Adminis­ D. C. a detailed description of each weight modity Practices Regulation No. 1 tration? Washington, D. C. Such state­ and quality of bar or package soap or (§§ 1386.1 to 1386.8, inclusive) shall be­ ment shall set forth: cleanser delivered or offered for current come effective July 21, 1942. (a) The seller’s maximum price for delivery by him during the thirty day the commodity prior to the adjustment period ending July 17, 1942 and of the Issued this 17th day of July 1942. permitted by this section; geographical arfca in which he delivered L e o n H e n d e r s o n , (b ) A description of the special deal or offered for current delivery such bar Administrator. given by the seller including all the terms or package soap or cleanser during said thereof, the class or classes of purchasers pericJ. fP. R. D oc. 42-6850; P iled , J u ly 17, 1942; to which it was applicable, the dates dur­ 4:49 p. m.] (b) Every such manufacturer shall ing which it was in effect, and copies of submit such reports to the Office of Price 1 Supra, n ote 1. 1 Copies ma;' be obtained from Office of Administration and keep such other rec­ * Supra, n ote 2. Price Administration.

V 5566 FEDERAL REGISTER, Tuesday, July 21, 1942 price lists, advertisements and trade an­ manufactured by the International Pay­ fled that the use of a passenger automo­ nouncements pertaining to such special roll Machine Company of Reading, bile is necessary for the accomplishment deal; Pennsylvania, (i) The provisions of this of the purpose for which the applicant (c) In the case of a seller at retail, subparagraph may be amended or re­ needs tires or tubes, and that no other a description of the special deal given voked by the Price Administrator at any practicable means of transportation are to him by his supplier including all the time. available. terms thereof, the dates during which (d ) Effective dates of amendments. ♦ * * § 1315.1199a Effective dates of amend- it was in effect and copies of price lists TtlCTltS, * * * and trade announcements pertaining to (3) Amendment 2 (§ 1499.29 (a) (17)) (u ) Amendment No. 21 (§ 1315.504) to such special deal; to Revised Supplementary Regulation Revised Tire Rationing Regulations shall (d ) In the case of a seller other than No. 4 shall become effective July 21, 1942. become effective July 25, 1942. a seller at retail, detailed evidence dem­ (Pub. Law 421, 77th Cong.) onstrating that the special deal was to (Pub. Law 421, 77th Cong. 2nd Sess., Jan. have terminated on or before a date Issued this 17th day of July 1942. 30, 1942, OPM Supp. Order No. M-15c, W P B Directive No. 1, Supp. Directive No. not more than 123 days from the date L e o n H e n d e r s o n , IB, 6 F.R. 6792 ; 7 F.R. 121, 350, 434, 473, on which the special deal first became Administrator. effective; 562, 925, 1009, 1026.) (e) The adjusted maximum price [P . R . D oc. 42-6852; P iled , J u ly 17, 1942; Issued this 18th day of July 1942. 4:53 p. m.] established by the seller pursuant to this L e o n H e n d e r s o n , section; and Administrator. (f) A description of all prices and [F. R. Doc. 42-6865; Filed, July 18, 1942; terms of payment which the seller has P a r t 1315— R u b b e r a n d P r o d u c t s a n d 12:43 p. m .] had in effect for the commodity since M a t e r i a l o f W h i c h R u b b e r I s a C o m ­ January 1, 1941. p o n e n t The adjusted maximum price reported | [Amendment 21 to Revised Tire Rationing P a r t 1394— R a t i o n i n g o f F u e l , a n d F u e l by the seller pursuant to this section Regulations1] shall be subject to adjustment at any P r o d u c t s time by the Office of Price Adminis­ TIRES AND TUBES, RETREADING AND RECAPPING [Amendment 2 to Ration Order 5A1] tration. OF TIRES, AND CAMELBACK GASOLINE RATIONING REGULATIONS § 1499.23a Effective dates of amend­ Section 1315.504 (a) (IQ) is added as A llowance of Mileage ments. * * * \ follows: (n) Amendment No. 14 (§ 1499.4b) to A new subparagraph (1) is added to /Retreaded and Recapped Tires and New paragraph (b) of § 1394.504; a new sub- General Maximum Price Regulation shall Passenger Tires of an Obsolete Type become effective July 21,1942. paragraph (2) (i) is added to paragraph for Vehicles Eligible Under List B. (b ) of § 1394.604, as set forth below: (Pub. Law 421, 77th Cong.) . § 1315.504 Eligibility classification— § 1394.504 Allowance of mileage. * * * 'Issued this 17th day of July 1942. List B : * * * (b ) * * * L e o n H e n d e r s o n , (a) On a passenger car used principally (1) Notwithstanding the provisions of Administrator. to provide one or more of the following paragraphs (a) and (b) of this section, a transportation services: * * * Board having jurisdiction over an area [P . R . D oc. 42-6851; P iled , J u ly 17, 1942; (10) Transportation of members of which it determines to be adequately 4:52 p. m.] the Army or Navy of the United States served by subway, elevated railroad, or between residence and post of duty (but suburban commutation railroad service not for transfers from post to post), or shall allow mileage claimed with respect on official business, where no military ve­ P a r t 1499— C o m m o d i t i e s a n d S e r v i c e s 1 to which a ride-sharing arrangement has hicle is available. been made only if the applicant also es­ [Amendment 2 to Revised Supplementary (i) No certificate shall be issued under tablishes that the use of such subway, Regulation 4 s to General Maximum Price this paragraph unless the applicant elevated, or suburban commutation serv­ Regulation] presents with his application a statement ice would not be reasonably adequate for INTERNATIONAL PAYROLL MACHINE CO. from his commanding officer which sets the purpose for which such mileage is forth the folldwing: (a ) the application claimed. The Board shall review all ap­ A statement of the considerations in­ is for tires or tubes for necessary trans­ plications granted in which mileage has volved in the Issuance of this amendment portation between residence and post of been allowed oh the basis of proof of a has been issued simultaneously herewith duty (but not for transfer from post to ride-sharing arrangement alone; it shall and filed with the Division of the Federal post), or on official business; (b ) no require the applicant to establish the in­ Register.3 quarters can be provided for the appli­ adequacy of such transportation services In § 1499.29 a new subparagraph (17) cant at his post of duty or where his with respect to such mileage and shall is added to paragraph (a ), as set forth work is to be performed, or applicant’s revoke any ration issued pursuant to such below: duties require frequent travel on official application to the extent that the ap­ business; (c) no other practicable means § 1499.29 Exceptions for sales and de­ plicant has not established such inade­ of transportation are available and no liveries to the United States or any quacy. In reviewing such applications, military vehicle can be supplied for ap­ agency thereof of certain commodities the Board shall follow the procedure set plicant’s use; and (d ) the commanding and in certain transactions and for cer­ forth in § 1394.1406. officer will take all reasonable steps to tain other commodities, (a) General insure (1 ) that the applicant will limit § 1394.604 Allowance of mileage. * * * Maximum Price Regulation shall not ap­ his use of the vehicle to the purpose for (b ) * * * ply to sales or deliveries of the following which the application is made except (2) * * * commodities or in the following trans­ for a minimum incidental use for neces­ (i) In allowing mileage claimed with actions: respect to which a ride-sharing arrange­ * * * * * sary personal purposes other than pleas­ ure driving and (2) that every effort is ment has been established, pursuant to (17) Deliveries prior to October 1, made by the applicant to transport as this subparagraph, the Board shall be 1942, pursuant to sales, to the United many passengers as possible, consistent governed by the provisions of subpara­ States or any agency thereof, of the with the capacity of the vehicle. graph (1) of paragraph (b) of § 1394.504. standard Model F-4 payroll machine (11) The Board shall issue a certifi­ § 1394.1902 Effective dates of amend­ cate under this paragraph only if the 1 7 P .R . 3153, 3330, 3666, 3990, 3991, 4389, ments. * * * 4487, 4659. conditions of subdivision (i) are com­ (b ) Amendment No. 2 (§§ 1394.504 (b) 17 P .R . 5056, 5059. plied with and, in addition, if it is satis- (1) and 1394.604 (b) (2) (i) ) to Ration * Copies may be obtained from Office of Price Administration.” 17 F .R . 1027, 1089, 2106, 2167, 2541, 2633. * 7 F .R . 5225, 5362, 5426. FEDERAL REGISTER, Tuesday, July 21, 1942 5567

Order No. 5 shall become effective July ment, issued simultaneously herewith, P a r t 1413— S o f t w o o d L u m b e r P r o d u c t s 18th, 1942. has been filed with the Division of the [Revised Price Schedule No. 13»] Federal Register. (Pub. No. 671, 76th Cong., 3d Sess., as DOUGLAS FIR PLYWOOD amended by Pub. No. 89, 77th Cong., 1st Section 1499.107 is amended to read sess., and by Pub. No. 507, 77th Cong., 2d as follows, The title, the preamble, and §§ 1312.1 sess., Pub. No. 421, 77th Cong., 2d sess., § 1499.107 Excepted services. The to 1312.10,1 inclusive, are renumbered W.P.B. Directive No. 1, Amendment No. 2 provisions of this Maximum Price Regu­ and amended to read as follows: to Supp. Dir. No. 1 (H ), 7 F.R. 562) lation No. 165 shall not apply to: [Maximum Price Regulation No. 13] Issued this 18th day of July 1942. (a ) The services set forth in Supple­ mentary Regulation No. 11 to the Gen­ DOUGLAS FIR PLYWOOD L e o n H e n d e r s o n , eral Maximum Price Regulation or any Administrator. amendments thereto; or In the judgment of the Price Admin­ istrator, the prices of Douglas fir ply­ [F. R. Doc. 42-6862; Filed, July 18, 1942; (b ) Any of the following services: 12:42 p. m.] wood have risen to an extent and in a (1) Transportation services of carriers manner inconsistent with the purposes other than common carriers within the of the Emergency Price Control Act of exemption conferred by section 302 (c) 1942. The Price Administrator has as­ P art 1400— T e x t il e F a b r ic s : C o t t o n , of the Emergency Price Control Act of W o o l , S i l k ,S y n t h e t ic s a n d A d m ix t u r e s certained and given due consideration 1942. to the prices of Douglas fir plywood pre­ [Amendment 7 to Maximum Price Regulation (2) Commercial storage and ware­ vailing between October 1 and October 1181] housing and services incident thereto. 15, 1941, and has made adjustments for COTTON PRODUCTS (3) Terminal services. such relevant factors as he has deter­ mined and deemed to be of general ap­ Certain Huck T owels § 1499.119a Effective dates of amend- TTlCTltS (si) ♦ * ♦ plicability. So far as practicable, the A statement of the considerations in­ Price Administrator has advised and (b ) Amendment No. 2 (§ 1499.107) to volved in the issuance of this amendment consulted with representative members Maximum Price Regulation No. 165 shall has been issued simultaneously herewith of the industry which will be affected become effective at 12:01 a. m., July 18, and has been filed with the Division of by this Regulation. 1942. the Federal Register.2 In the judgment of the Price Adminis­ New paragraphs (a) (5) and (d) (29) (Pub. Law 421, 77th Cong.) trator, the maximum prices established are added to § 1400.118 as set forth below: Issued this 17th day of July 1942. by this Regulation are and will be gen­ § 1400.118 Specific and formula maxi­ erally fair and equitable and will effect­ L e o n H e n d e r s o n , mum prices for certain cotton products: uate the purposes of said Act. A state­ Administrator. construction reports, (a ) The effective ment of the considerations involved in dates of the maximum prices set forth in the issuance of this Regulation has been [F . R. Doc. 42-6864; Filed, July 18, 1942; issued simultaneously herewith and has paragraph (d ) of this section are as’ 12:42 p. m .] follows: been filed with the Division of the Fed­ * * * * ' eral Register. Therefore, under the authority vested (5) For huck towels conforming to in the Price Administrator by the Amer- Federal Specification DDD-T-531 (with gency Price Control Act of 1942, and in or without woven name or colored stripe, P art 1340— F u e l accordance with Procedural Regulation stamped or unstamped). July 18, 1942. * * * * * I Amendment 6 to Maximum Price Regulation No. 1,* issued by the Office of Price Ad­ 122 M ministration, Maximum Price Regulation (d) * * * No. 13 is hereby issued. (29) Huck towels. The maximum SOLID FUELS DELIVERED FROM FACILITIES price for huck towels manufactured in OTHER THAN PRODUCING FACILITIES— Sec. accordance with Federal Specification DEALERS 1413.1 M a x im u m prices fo r D o u gla s fir p ly ­ DDD-T-531 (with or without woven name w o o d *— — ■<— ««■»*»*»>— ~ - - A statement cf the considerations in­ 1413.2 Less t h a n m a x im u m prices^_____ —- or colored stripe, stamped or unstamped) volved in the issuance of this Amend­ 1413.3 C o n d itio n al agreem ents shall be $1.73 per dozen, terms net, f.o.b. ment, issued simultaneously herewith, 1413.4 E vasion ^,------• ' shipping point. has been filed with the Division of the 1413.5 R ecords a n d rep orts - - _ 1413.6 Enforcem ent,, - ~— r § 1400.117 Effective dates of amend­ Federal Register. ment. * * * 1413.7 P etitio n s fo r a m e n d m e n t A new § 1340.257a is added as set forth 1413.8 D efinitions,,...... (g) Amendment No. 7 to Maximum below: 1413.9 A p p lic a b ility o f G e n e ra l M a x im u m Price Regulation No. 118 shall become Price Regulation ______§ 1340.257a Incorporations of provi­ effective July 18, 1942. 1413.10 E xp o rt sales,*______sions of the General Maximum Price Reg­ 1413.11 Effective date

Sec. agreement, sale, delivery, purchase, or lation or order Issued by the Office of 1413.15 A p p e n d ix D : M a x im u m prices fo r receipt of or relating to Douglas fir ply­ Price Administration or any acts or prac­ moisture resistant type Douglas wood, alone or in conjunction with any tices which, constitute such a violation fir plywood in grades and sizes are urged to communicate with the near­ which are produced after July 1, other commodity or by way of commis­ 1942 u p o n specific w ritte n a u th o r!* sion, service, transportation, or other est field, state or regional office of the zation of the Director of Industry charge or discount, premium or other Office of Price Administration or its prin­ Operations of the W ar Production privilege, or by tying-agreement or other cipal office in Washington, D. C. B o a rd p u rs u a n t to § 1276.1 ( b ) ' o f trade understanding, or otherwise. § 1413.7 Petitions for amendment. Limitation Order L-150. (b ) Specifically, but not exclusively, Persons seeking any modification of this 1413.16 A p p e n d ix E : M a x im u m prices fo r the following practices are prohibited: exterior type Douglas fir plywood. Maximum Price Regulation No. 13 or any (1) Unnecessarily routing plywood 1413.17 A p p e n d ix F : M a x im u m delivered adjustment or exception not provided for prices for Douglas fir plywood. through a distribution plant; therein may file petitions for amendment (2) Use of estimated average ship­ Authority: §§ 1413.1 to 1413.17 inclusive, in accordance with the provisions of Pro­ issued under Pub. Law 421, 77th Cong. ping weights when the seller has not filed cedural Regulation No. 1, issued by the such estimated weights with the Office of Office of Price Administration. § 1413.1 Maximum prices for Douglas Price Administration in accordance with fir plyvoood. (a) On and after July 25, paragraph (a) ,(2) of § 1413.17, Appen­ § 1413.8 Definitions, (a ) W hen used 1942, regardless of any contract or other dix F. in Maximum Price Regulation No. 13, the obligation, no person shall sell or de- (3) Making charges for delivery which term: 4i-ver any Douglas fir plywood, where exceed the actual cost to the seller of (1) “Person” includes an individual, shipment originates at the mill rather such delivery (except as provided in corporation, partnership, association, or than at a distribution plant, and no paragraph (a) of § 1413.17, Appendix F.) any other organized group of persons or person shall buy or receive in the course legal successor or representative of any of trade or business any Douglas fir ply­ § 1413.5 Records and reports, (a) of the foregoing and includes the United wood so shipped, at prices higher than Every seller and purchaser subject to States, or any other government, or any the maximum prices set forth in the this Maximum Price Regulation No. 13 of its political subdivisions, or any agency Appendices A to F hereof, inclusive, in- making sales or deliveries or purchases of any of the foregoing. corporatedTierein as §§ 1413.12 to 1413.17, of one or more carloads of Douglas fir (2) “Mill” means a factory or plant inclusive; and no person subject to this plywood in any one month, after July-25, which processes Douglas fir peeler logs Maximum Price Regulation No. 13 shall 1942, shall keep for inspection by the into Douglas fir plywood. agree, offer, solicit or attempt to do any Office of Price Administration for a period (3) “Less than carload” means a quan­ of the foregoing. The provisions of this of not less than two years a com plete tity of one or more grades or sizes of Maximum Price Regulation No. 13 shall and accurate record of each sale or de­ Douglas fir plywood, the aggregate weight not be applicable to sales or deliveries of livery or purchase of Douglas fir ply­ of which is less than 38,000 pounds. Douglas fir plywood to a purchaser, if wood, showing the date of purchase or Either Douglas fir doors or Douglas fir prior to July 25, 1942, such plywood had sale, the name and address of the buyer millwork, or both, may be included with been received by a carrier, other than a and seller, the quantities and grades pur­ plywood in computing such aggregate carrier owned or controlled by the seller, chased or sold, the place from which weight. for shipment to such purchaser. shipment to the purchaser originated, (4) “Distribution plant” means a (b) The maximum prices established and the price paid or received. wholesale or retail warehouse or yard by this Maximum Price Regulation No. 13 (b) Every manufacturer of Douglas fir which purchases or receives Douglas fir shall not be increased by any charges plywood shall keep records showing, and plywood from a mill or another distribu­ for the extension of credit or by any de­ shall submit to the Lumber Branch of tion plant for purposes of unloading and crease in the time customarily allowed the Office of Price Administration, W ash­ resale or redistribution, and which regu­ for payment, and shall be decreased for ington, D. C. on or before November 1, larly maintains a stock of plywood. prompt payment to the same extent that 1942, a report showing (1) the total (5) “Sound 1 Side Plypanel” means a the sale price would have been decreased production of all grades and sizes of grade of moisture resistant type Doug­ during the period March 1 to 15, 1941. moisture resistant type Douglas fir ply­ las fir plywood which satisfies the follow­ wood and the total production of Plywall ing standards: The face shall be of one § 1413.2 Less than maximum prices. (Douglas fir plywood wallboard) during or more pieces of firm smoothly cut ve­ Lower prices than those set forth in Ap­ the period March 1,1942 to May 31,1942; neer. W hen of more than one piece, it pendices A to F, inclusive, §§ 1413.12 to and (2) the total production of all grades shall be well joined and reasonably 1413.17, inclusive, may be charged, de­ and sizes of moisture resistant type Doug­ matched for grain and color at the joints. manded, paid, or offered. las fir plywood, the total production of It shall be free from knots, splits, checks, § 1413.3 Conditional agreements. No Plywall (Douglas fir plywood wallboard), pitch pockets and other open defects. seller subject to this Maximum Price and the total production of Sound 1 Side Streaks, discolorations, sapwood, shims Regulation No. 13 shall enter into an Plypanel during the period July 1, 1942 and neatly made patches shall be ad­ agreement permitting the adjustment of to September 30, 1942. mitted. The face shall present a smooth the price of Douglas fir plywood to prices (c) Every seller and purchaser sub­ surface suitable for painting. The back which may be higher than the maximum ject to this Maximum Price Regulation shall present a solid surface with all knots prices in effect on the date of the agree­ No. 13 shall keep such other records in in excess of one inch patched and with ment: Provided, That if a petition for addition to or in place of the records re­ the following permitted: Not more than amendment has been duly filed, and such quired in paragraphs (a) and (b) of this six knotholes or borer holes % of an inch petition requires extensive consideration, section and shall submit such reports in or less in greatest dimension, splits % and the Administrator determines that addition to or in place of the report re­ of an inch or less in width and pitch an exception would be made in the pub­ quired in paragraph (b ) of this seetion to pockets not in excess of one inch wide lic interest pending sUch consideration, the Office of Price Administration as that or three inches long or that do not pene­ the Administrator may grant an excep­ Office may from time to time require or trate through veneer to glue line. There tion from the provisions of this section permit. may be any number of patches and plugs permitting the making of contracts ad­ in the back, justable upon the granting of the peti­ § 1413.6 Enforcement, (a) Persons (6) Grades of Douglas fir plywood, tion for amendment. Requests for such violating any provision of this Maximum other than Sound 1 Side Plypanel, shall Price Regulation No. 13 are subject to the an exception may be included in the be in accord with the standards of the criminal penalties, civil enforcement ac­ aforesaid petition for amendment. United States Department of Commerce, tions, and suits for treble damages pro­ National Bureau of Standards, as con­ §1413.4 Evasion, (a ) The price limi­ vided for by the Emergency Price Control tained in Commercial Standard CS45-40 tations set forth in this Maximum Price Act of 1942. (Douglas Fir Plywood, Domestic Grades), Regulation Np. 13 shall not be evaded, (b) Persons who have evidence of any Fourth Edition, effective August 20,1940. whether by direct or indirect methods, in violation ofLthis Maximum Price Regula­ (b ) Unless the context otherwise re­ connection with an offer, solicitation, tion No. 13 or any Price Schedule, regu­ quires, the definitions set forth in sec- FEDERAL RÈGISTER, Tuesday, July 21, 1942 5569

tion 302 of the Emergency Price Control (5 ) P l y p a n e l —S o u n d 1 S id e Act of 1942 shall apply to other terms Price per M sq. ft. f. o. b . mill Maximum prices for Plypanel— Sound used herein. 1 Side in Width| of 24", 30". 36n, and §1413.9 Applicability of General Straight Less than 48" and in lengths of 60", 72", 84", arid Maximum Price Regulation. The pro­ carloads carloads 9 6 ": visions of the General Maximum Price $28.00 $29.® Regulation4 shall not, on and after July M o " 3 ply S2$ to W ...... Price per M sq. ft. 38.50 40.90 94#" 3 ply S2S to 94"...... f. o. b. mill 25, 1942, apply to sales and deliveries of 94#" 5 p ly S2S to A" ...... 52.50 56.15 Douglas fir plywood where shipment A" studding strips (per M lineal feet)...... 5.30 5.30 originates at the mill rather than at a Straight Less than distribution plant. é&rloàds carloads (ii) Long standard lengths. For § 1413.10 Export sales. The maxi­ panels in widths of 48" and in lengths of 94#" 3 ply S2S to A" or 54"— 3 ply mum price at which a seller may make S2S to 94#': 9', 10', 11', and 12', the following addi­ an export sale of„Douglas fir plywood, 24" w id th ,...... $29.65 $30.® tional charges may be made: ® " and 36" w idth...... 30.45 31.55 shall be determined in accordance with 48" w idth...... 32. 00 33.® $5.25 per M Sq. Ft. for 9' lengths. the provisions of the Maximum Export 54«" 3 p ly S2S to A": $8.00 per M Sq. Ft. for 10' lengths. 24" width...... 27.55 28.75 Price Regulation8 issued by the Office of $13.25 per M Sq. Ft. for 11' lengths. 30" and 36" width...... 28.40 29.55 Price Administration. 48" width...... ® . ® 3 1 .® $16.00 per M. Sq. Ft. for 12' lengths. J4#" 3 ply S28 to 94": § 1413.11 Effective date. This Maxi­ 38.05 40.35 (3 ) P l y f o r m 30" to 36" width ...... 38.86 41.® mum Price Regulation No. 13 (§§ 1413.1 4 0 .® 4 2.® to 1413.17, Inclusive) shall become ef­ (Douglas fir plywood concrete form 54«" 5 p ly S2S to A": 24" w id th...... 52.05 55.55 fective July 25, 1942. panels) 52.85 ® . 35 54.® 58.15 §1413.12 Appendix A: Maxim um (i) Maximum prices for Plyform in ‘M s" 5 ply S2S to 94": prices for moisture resistant type Douglas widths of 36" and 48" andHn lengths of 24" w id th...... 62.® 67.95 6 2 .® 68.85 fir plywood in grades and sizes listed in 60", 72", 84", and 96": 64.40 7 0 .® § 1276.1 ( b)of Limitation Order L-150. *94#" 5 ply S2S to 54": 70.35 77.05 (a) The maximum prices for moisture Price per M sq. ft. 71.10 77.85 f. o. b . mill resistant type Douglas fir plywood in 72.70 79.70 grades and sizes listed in § 1276.1 (b) of Straight Less than l y p a n e l o u n d ides Limitation Order L-1508 shall be as carloads carloads (6 ) P —S 2 S follows: Maximum prices for Plypanel— Sound $44.00 (1 ) P lyscord 54«" 3 p iy É 2S to A" (Form liners). $47.00 2 Sides in widths of 24", 30", 36", and 76.10 83.15 48" and in lengths of 60", 72", 84", and (Douglas fir plywood sheathing) 9Î " 5 ply S2S to 94#"...... 81.40 89.00 85.50 93.15 9 6 ": (i) Maximum prices for Plyscord in 194 9" 5 p ly S2S to 9 4 "...... 94.30 103.05

widths of 36" and 48" grid in lengths Price per M sq. ft. of 96": (ii) Plyform with oiled faces. For f. 0. b. mill Plyform with oiled faces, a charge not Straight Price per M sq. ft. to exceed $1.00 per M Sq. Ft. may be Less than f. o. b. mill added to the maximum prices established carloads carloads in paragraph (a) (3) (i) immediately fie" 3 p ly S2S to 54" or " — 3 ply Straight Less than above. A carloads carloads S2S to 54«": $35.65 $38.85 (4 ) A u t o m o b ile and I n d u str ial P l y ­ 30" and 36" width ...... 36.65 3 9 .® 3 8 .® 41.85 94#" 3 ply, rough...... $25.30 $26.40 w o o d -R o u g h P anels ?4«" 3 p ly S2S to 94" 3 ply, rough...... - ...... 30.30 31.75 A " ’. 32.15 35.35 A" 3 or 5 ply at m ill’s option, Maximum prices for automobile and 33.15 36.30 rough...... 40.45 43.00 3 5 .® 38.35 54" 3 or 5 ply at m ill’s option, industrial plywood— rough panels: rough______50.55 53.95 54#" 3 p ly S2S to 94": 43.25 47.45 Price per M sq. ft. 4 4 .® 48.45 f. o. b. mill 46.05 ® . 45 (ii) Long standard lengths. For panels 94«" 5 p ly S2S to A": in widths of 36" and 48" and in lengths 58.95 64.55 Straight Less than 30" and 36" w id th ...... 59.85 6 5 .® of 9', 10', 11' and 12', the following addi­ carloads oarloads 61.70 6 7 .® tional charges may be mada: W '5 p ly S2S to 94": $5.25 per M Sq. Ft. for 9' lengths. 24" w id th ______69.95 76.65 A" rough— 3 ply— sizes u p to 48" 30" and 36" w id th ...... J O .® 77.65 $8.00 per M Sq. Ft. for 10' lengths. x 9 6 " . . , ...... $29.® $31.95 72. 70 7 9 .® $13.25 per M Sq. Ft. for 11' lengths. 54«" rough— 3 ply— sizes up to 48" i94«" 5 ply S2S to 94": x 96"______® . ® 31.95 79.25 ® . 75 $16.00 per M Sq. Ft. for 12' lengths. 94" rough— 3 ply— sizes u p to 48" ® . 10 87.70 x 96"...... 35.00 38.50 8 1 .® 89.76 (2 ) P l y wal l A" rough— 5 ply— sizes u p to 48" x 96"...... 48.80 53.40 (Douglas fir plywood wallboard) 94 e" rough— 5 ply— sizes up to 48" (b) The following additions to the x 9 6 "...... 53.75 58.® maximum price established in paragraph (i) Maximum prices for plywall in 94" rough— 5 ply— sizes up to 48" x 64.35 (a ) of this section may be made for the widths of 48" and in lengths,of 60", 72", 96" ...... 58.75 1M »" rough— 5 ply— sizes up to 48" specified special extras: 84", and 9 6 ": x 9 6 "...... 63.70 69.® 94" rough— 5 ply— sizes up to 48" x (1) Selected sound cores and cross­ 96"...... 68.65 75.® bands: «7 F.R . 3153, 3330, 3666, 3990, 3991, 4339, 94" rough— 5 ply— sizes up to 48" x 96"...... 78.60 86.05 $2.50 per M Sq. Ft. for 3 Ply. 4487, 4659, 4738, 5027, 5192, 5365, 5445. 94" rough— 7 ply — sizes up to 48" x «7 F.R. 5059. 96"...... 8 2 .® ® .10 $7.50 per M Sq. Ft. for 5 Ply. 6 7 F.R. 4482. $12.50 per M Sq. Ft. for 7 Ply. 5570 FEDERAL REGISTER, Tuesday, July 21,-1942

(2) Core stock: (In lengths not over and the purchaser may not make pay­ plywood in grades and sizes which are 4 8 ") ment until such instructions hav^ been produced after July 1, 1942 upon specific Add to maximum price for Sound 2 received. written authorization of the Director of Industry Operations of the W ar Produc­ Side in 48" widths: §1413.13 Appendix B: Maximum tion Board, pursuant to § 1276.1 (b) of $10.00 per M Sq. Ft. for widths up. to prices for moisture resistant type Douglas Limitation Order No. L-150,6 unless: 96". fir plywood in grades and sizes not listed (1) The producing mill files with the $15.00 per M Sq. Ft. for widths up to in § 1276.1 (b ) of Limitation Order L-150, Lumber Branch of the Office of Price 108". and which qualifies as “work in process’* Administration, Washington, D. C., a $20.00 per M Sq. Ft. for widths up to under § 1276.1 (c) (1) of the Limitation notarized statement describing the 120". Order, (a) The maximum prices for special grade or size and the price at $25.00 per M Sq. Ft. for widths up to moisture resistant type Douglas fir ply­ which it desires to sell such plywood; 132". wood in grades and sizes not listed in and $30.00 per M Sq. Ft. for widths up to § 1276.1 (b) of Limitation Order L-150,6 (2) The Office of Price Administration 144". and which qualifies as “work in process” expressly approves such price. (3) Redrying: under § 1276.1 (c) (1) of the Limitation $3.00 per M Sq. Ft. (No addition for Order, shall be the maximum prices §1413.16 Appendix E : Maximum prices Ve" or A " sanded panels). established in Revised Price Schedule No. for exterior type Douglas fir plywood. 13.7 (a ) The maximum prices for exterior (4) Special gluing specifications: type Douglas fir plywood in widths of 12" § 1413.14 Appendix C: Maximum $5.00 per M Sq. Ft. for 3 Ply. to 48" in even 2 " breaks and in lengths prices for moisture resistant type Doug­ $10.00 per M. Sq. Ft. for 5 Ply. of 96" and shorter shall be as follows: $15.00 per M Sq. Ft. for 7 Ply. las fir plywood in grades and sizes not listed in § 1276.1 (b ) of Limitation Order N o t e : This shall Include all special glue L-150, and which is shipped pursuant to Per M Sq. ft. in carload specifications and assembly requirements. lots, f. o. b. mill a “military order” as defined in § 1276.1 Each panel so manufactured shall be (c) (2) of ' the Limitation Order, (a ) stamped with the word “Special”. Indus­ Sound 2 Sound 1 The maximum price for moisture resis­ trial sides side (5) Treating panels with waterproof­ tant type Douglas fir plywood (1) in grade ing agent ( oiling) : $2.50 per M Sq. Ft. grades and sizes not listed in § 1276.1 (b) (This addition may not be made for of Limitation Order L-150,6 (2) which W’ sanded...... Plyform.) f i e " unsanded...... does not qualify as “work in process” iMa" sanded...... (6) Treating panels with edge sealer: under § 1276.1 (c) (1) of the Limi­ yi" unsanded - ...... $47.50 $45.50 $43.60 $1.00 per M Sq. Ft. (This addition may tation Order, and (3) which is shipped j4 " sanded...... not be made for Plyform.) 48.50 46.50 44.50 pursuant to a “military order” as defined Vit" sanded______(7) Treating panels with resin sealer in § 1276.1 (c) (2) of the Limitation %" unsanded...... 55.00 53.00 51.00 (.one or two sides): $10.50 per M Sq. Ft. W sanded___ . * ______Order, shall be computed by adjusting 61.00 69.00 67.00 (8) Bundling in paper packing: $0.35 the maximum prices established in per i i e ' in thickness per M Sq. Ft. 81.50 79.00 76.50 § 1413.12, Appendix A, of this Maximum sanded______; ______(9) Wire or twine bundling: $0.50 per Price Regulation No. 13 in acordance 88.00 86.00 - 84.00 M Sq. Ft. for small cut-to-size panels, 3 with the differentials which would have 9 ie" sanded______W unsanded - . . ._ _. 05.00- _ 9 3 .50 91.50 Ply (containing less than 9 Sq. Ft. per been recognized by the seller during the $6" sanded...... panel) tied with either twine or wire. period'of March 1 to 15, 1941: Provided, iM a " unsanded___ T...... 103.50 101.50 99.50 $1.00 per M Sq. Ft. for small cut-to-size That the seller must, within thirty days 112.00 110.00 107.50 panels, 5 Ply or heavier (containing less of entering into a contract for the sale 121.00 119.00 117.00 than 9 Sq. Ft. per panel) tied with either of plywood subject to the provisions of twine or wire. this' section, file a notarized report with ti" unsanded...... 143.00 140.50 138.50 (10) Segregating and/or lot-marking the Lumber Branch of the Office of Price 152.00 149.50 147.00 on car of two or more lots: $2.50 per lot Administration, Washington, D. C., set­ for each lot over one. ting forth full details of the transaction 160.50 158.50 156.50 (c) The following deduction from the including the name and address of the 170.60 168.00 166.00 maximum prices for moisture resistant purchaser, the point of origin and the 176.00 type Douglas fir plywood stated in para­ point of delivery of the plywood, the 180.00 178.00 graph (a ) of this section shall be made specifications for the plywood, and the IM a " unsanded...... 190.50 188.00 185.60 for unsanded stock in grades other than price charged. W here the Office of Price Plyscord and Automobile and Industrial Administration within thirty days of re­ Plywood: (b) The following additions to the ceipt of the report rules that the seller maximum* prices established in para­ Deduct $1.25 per M Sq. Ft. from the has made an excessive charge for fur­ m axim um * price for the thickness to graph (a) of this section may be made nishing the plywood, the seller must re­ for the specified special extras: which the panel would regularly be adjust the sale price in accordance with sanded. the ruling of the Office of Price Admin­ (1) Wide widths: Add to maximum (d) No additions to the maximum istration. If the Office of Price Admin­ price for 48" widths: prices for moisture resistant type Doug­ istration does not rule on the price with­ P er M sq. it. las fir plywood stated in paragraph (a) in such time, the price submitted shall Over 48" to 60", inclusive, sanded of this section may be made for special be considered approved. o r u n s a n d e d ______— $8.15 extras not expressly provided for in Over 60" tp .72", inclusive, sanded § 1413.15 Appendix D: Maximum this section: Provided, That the seller or unsanded ______10.90 prices for moisture resistant type Doug­ may apply to the Lumber Branch of the Over 72" to 84", inclusive, unsanded las fir plywood in grades and sizes which o n l y ______16- 30 Office of Price Administration, W ashing­ are produced after July 1, 1942 upon Over 84" to 96", inclusive, unsanded ton, D. C., for instructions as to addi­ specific written authorization of the D i­ o n ly ______24. 50 tions for special extras for which no ex­ rector of Industry Operations of the War Up to 96" wide where length is not press provision has been made. Pend­ Production Board, pursuant to § 1276.1 more than 48" ______5.45 ing receipt of such instructions the seller (b) of Limitation Order L-150. (a ) On may quote and deliver at a price which (2) Long lengths: Add to the maxi­ and after July 25, 1942, no person shall is agreed by the parties to be subject to mum price for 96" lengths: sell moisture resistant type tiouglas fir adjustment to the price determined by Per M sq. it. the Office of Price Administration, but ■Note 5 supra. Over 96" to 108", inclusive, sanded the seller may not accept payment «7 F.R. 1285. or unsanded ______$5.45 FEDERAL REGISTER, Tuesday, July 21, 1942 5571

P e r M sq. ft. (b ) The seller must in all cases give the TITLE 41—PUBLIC CONTRACTS Over 108" to 120", Inclusive, sanded buyer the option of purchasing Douglas or unsanded ------8.15 fir plywood f. o. b. the mill and making Chapter II— Division of Public Contracts Over 120" to 132", inclusive, sanded * his own arrangements for transportation. or unsanded ______13.60 P a r t 202— M i n i m u m W a g e Refusing to sell plywood except on a de­ Over 132" to 144", inclusive, sanded D eterminations or unsanded ______» ------16.30 livered basis is prohibited. CERTAIN BRANCHES OF FURNITURE Issued this 20th day o f July 1942. (3) Treating panels with waterproof- MANUFACTURING INDUSTRY ing agent (oiling) : $2.75 per M Sq. Ft. L e o n H e n d e r s o n , (4) Treating panels with resin sealer: Administrator. In the matter of an amendment to the $8.15 per M Sq. Ft. determination of the prevailing mini­ (5) Bundling in paper packing: $0.40 [F . R . Doc. 42-6898; F iled, J u ly 20, 1942; mum wages in the Wood Furniture 11:42 a. m.] per 1/16" In thickness per M Sq. Ft. Brancltand in the Public Seating Branch (6) Bundling; carton packed, steel of the Furniture Manufacturing In­ strapped: $0.65 per 1/16" in thickness dustry. This matter is before me pursuant to per M Sq. Ft. P a r t 1499— C o m m o d i t i e s a n d S e r v i c e s (7) Sizes containing less than one section 1 (b) of the act of June 30, 1936 square foot: 10 percent of the maximum [M a x im u m P rices A u th o rize d U n d e r § 1499.3 (49 Stat. 2036, 41 U.S.C. Supp. HI, 35), price stated in paragraph (a ) of this sec­ (b) of the General Price Regulation1— entitled “An Act to provide conditions O rd er 36] tion. for the purchase of supplies and the (c) No additions to the maximum DOW CHEMICAL COMPANY making of contracts by the United prices for exterior type Douglas fir ply­ States, and for other purposes,” other­ The Dow Chemical Company of Mid­ wood stated in paragraph (a ) of this sec­ wise known as the Walsh-Healey Public land, Michigan, has made application tion may be made for special extras not Contracts Act. under § 1499.3 (b) of the General Maxi­ expressly provided for in this section: On M ay 3, 1939,1 issued a determina­ mum Price Regulation for specific au­ Provided, That the seller may apply to tion (4 F.R. 1915) that the prevailing thorization to determine the maximum the Lumber Branch of the Office of Price minimum wages for employees engaged prices for two new products which can­ Administration, Washington, D. C., for in the performance of contracts with not be priced under § 1499.2 thereof. instructions as to additions , for special agencies of the United States subject Due consideration has been given to the extras for which no express provision has to the Walsh-Healey Public Contracts application and an Opinion in support been made. Pending receipt of such in­ Act in the Wood Furniture Branch of the of this Order has been issued simulta­ structions the seller may quote and de­ Furniture Manufacturing Industry are— neously herewith and has been filed with liver at a price which is agreed by the (1) 35 cents an hour for the States of the Division of the Federal Register. parties to be subject to adjustment to the Maine, Vermont, New Hampshire, Mas­ For the reasons set forth in the Opinion price determined by the Office of Price sachusetts, Connecticut, Rhode Island, and under the authority vested in the Administration, but the seller may not New York, New Jersey, Pennsylvania, Price Administrator by the Emergency accept payment and the purchaser may Ohio, Indiana, Illinois, Michigan, W is­ Price Control Act of 1942, it is ordered: not make payment until such instruc­ consin, Minnesota, Iowa, Missouri, M ary­ tions have been received. § 1499.74 Approval of maximum prices land, West Virginia, Delaware, Kansas, for O-Phenoxybenzoic Acid and Tri Nebraska, South Dakota, North Dakota, § 1413.17 Appendix F: Maximum de­ (penta-chlor phenyl) Phosphate in ex­ Montana, Wyoming, Colorado, New livered prices for Douglas fir plywood. perimental quantities only, (a ) The Dow Mexico, Arizona, Utah, Idaho, Nevada, (a) A delivered price in excess of the Chemical Company, Midland, Michigan, and the District of Columbia; maximum f. o. b. mill prices set forth in may sell and deliver and agree, solicit (2) 30 cents an hour for the States §§ 1413.12 to 1413.16, inclusive, Appen­ and attempt to sell and deliver, and any of Virginia, Kentucky, North Carolina, dices A to E, inclusive, may be charged person may buy from the Dow Chemical Georgia, South Carolina, Florida, Ala­ by the seller and paid by the buyer, con­ Company O-Phenoxybenzoic Acid and bama, Tennessee, Arkansas, Louisiana, sisting of such maximum < prices plus Tri (penta chlor phenyl) Phosphate for Oklahoma, Texas, and Mississippi; and actual transportation costs paid or in­ (3) 50 cents an hour for the States curred by the seller in transporting the experimental purposes in the quantities and at the prices not in excess of those plywood from the mill to the location of California, Washington, and Oregon; hereinafter set forth: designated by the purchaser. However, and that the prevailing minimum wage O-Phenoxybenzoic Acid at $9.00 per for the purposes of this section, the fol­ for such employees in the Public Seating pound f. o. b., Midland, Michigan, in a lowing two practices shall not be deemed Branch of the Furniture Manufacturing total quantitiy of not more than five a deviation from the use of actual trans­ Industry is 37% cents an hour. pounds. portation costs: On June 11, 1942, the Administrator Tri (penta chlor phenyl) Phosphate (1) The computation of transportation of the Division of Public Contracts of the at $2.50 per pound f. o. b. Midland, Mich­ costs on the basis of the applicable Department of Labor issued a Notice of igan in a total quantity of not more than freight rate and a system of estimated Opportunity to Show Cause on or before ten pounds. July 6, 1942, why my determination for average weights used by the seller during (b) This Order No. 36 may be re­ the month of July 1941: Provided, T h at the Wood Furniture Branch should not voked or amended at any time. be amended by (a) increasing the pre­ a copy of such system of estimated aver­ (c) This Order No. 36 (§1499.74) shall vailing minimum wage to 40 cents an age weights has been filed with the Lum­ become effective July 21, 1942. hour for the District of Columbia and ber Branch of the Office of Price Admin­ (Pub. Law 421, 77th Cong.) all States other than California, Wash­ istration, Washington, D. C., before the ington, and Oregon for which the pre­ Issued this 20th day of July 1942. use of such system in a transaction sub­ vailing minimum shall continue to be ject to Maximum Price Regulation No. L e o n H e n d e r s o n , 50 cents an hour, the rate specified in 13; and Administrator. my determination of May 3, 1939, and (2) the charging of a sum equivalent [F . R . D oc. 42-6894; F iled , Ju ly 20, 1942; (b) amending the definition of the Wood to the one-twentieth of a dollar nearest 11:41 a. m.] Furniture Branch to which this prevail­ to the transportation costs per 1,000 ing minimum wage shall apply to be square feet of plywood computed in ac­ *7 F .R . 3153, 8330, 3666, 3990, 3991, 4339, substantially the same as the definition cordance with subparagraph (1) above. 4487, 4659. of the Wood Furniture Manufacturing 5572 FEDERAL REGISTER, Tuesday, July 21, 1942

Industry contained in the W age Order of cases and cabinets; the manufacturing TITLE 43—PUBLIC LANDS: INTERIOR the Administrator of the Wage and Hour and assembling from wood, of furniture Division issued on November 3, 1941, for parts for the above, separately, set up or Chapter III—Grazing Service that industry, and why my determina­ knocked down including but without lim­ tion for the Public Seating Branch should itation parlor furniture frames and P a r t 502—L i s t o f O rders C r e a t in g or not be amended by increasing the pre­ chairs in the white: Provided, however, M o d i f y i n g G r a z in g D is t r ic t s vailing minimum wage from 37 Mi cents That this definition shall not include MODIFICATION o f NEVADA GRAZING DISTRICT an hour to 40 cents an hour. the manufacture of any product covered NO. 2 The notice sets forth that: (1) The by the prevailing minimum wage deter­ minimum wage required to be paid by mination of the Secretary of Labor for Under and pursuant to the provisions wood furniture manufacturers subject to the Public Seating Branch of the Furni­ of the act of June 28, 1934 (48 Stat. 1269, the provisions of the Fair Labor Stand­ ture Manufacturing Industry. 43 U. S. Code, sec. 315, et seg.), as ards Act of 1938 became 40 cents an hour The manufacturing of any products amended, the departmental order of Oc­ on November 3, 1941, pursuant to the covered under this definition shall be tober 18, 1935, establishing Nevada W age Order; (2) the definition of the deemed to begin following the delivery Grazing District No. 2,1 is hereby modi­ Wood Furniture Manufacturing Indus­ of the wood from the kiln or from the fied in order to correct an error in the try in the W age Order includes all of the air-dried dimension shed. land description as follows: products covered by my determination ***** NEVADA for the Wood Furniture Branch and cer­ (b ) Minimum toages— (1) Wood Fur­ tain of the products covered by my deter­ Mount Diablo Meridian niture Branch. The prevailing m in im u m mination for the Public Seating Branch; wages for persons employed in the per­ T h a t p a rt rea d in g : “T . 39 N., R . 20 E.,” is (3) substantially all employers subject amended to read: “T. 30 N., R. 20 E.” formance of contracts with agencies of to my determination for the Wood Furni­ the United States Government, subject ture Branch are engaged in commerce or A b e F ortas, to the provisions of the W alsh-Healey in the production of goods for commerce Acting Secretary of the Interior. Public Contracts Act (49 Stat. 2036,“41 and consequently the W age Order has the J u n e 30, 1942. U.S.C. Supp. HI, 35), for the manufac­ effect of establishing 40 cents an hour as ture and furnishing of the products of the prevailing minimum wage in the [F. R. Doc. 42-6873; Filed, July 20, 1942; the Wood Furniture Branch of the Fur­ 10:21 a. m.j Wood Furniture Branch for the District niture Manufacturing Industry shall be of Columbia and all states other than (i) 40 cents an hour, or $16.00 for a week California, Washington, and Oregon for of 40 hours, arrived at either on a time which the prevailing minimum is 50 cents an hour; (4) the processes of manufac­ or piece-work basis for the District of Columbia and all states other than Cal­ TITLE 49—TRANSPORTATION AND ture and the prevailing minimum wage ifornia, Washington, and Oregon and RAILROADS rates in the production of the articles (ii) 50 cents an hour, or $20.00 for a covered by the W age Order but not cov­ Chapter I—Interstate Commerce ered by my determination for the Wood week of 40 hours, arrived at either on a time or piece-work basis, for the States Commission Furniture Branch are similar to the proc­ of California, Washington, and Oregon; esses and prevailing minimum wage rates P ostponement o f E f f e c t iv e D ate o f S e c ­ « (2) Public Seating Branch. The pre­ in the production of the articles covered o n d P ar a g r a ph o f R u l e 27 o f T ariff vailing minimum wage for persons em­ by that determination; and (5) the proc­ C ir c u l a r 20 esses of manufacture and prevailing ployed in the performance of contracts with agencies of the United States Gov­ minimum wage rates in the production of At a session of the Interstate Com­ the articles covered by my determina­ ernment-subject to the provisions of the merce Commission, Division 2, held at its tion for the Public Seating Branch but Walsh-Healey Public Contracts Act (49 office in Washington, D. C., on the 16th not covered by the W age Order are simi­ Stat. 2036, 41 U.S.C., Supp. m , 35), for day of July, A. D. 1942. lar to the processes and prevailing mini­ the manufacture and furnishing of the The Commission having under con­ mum wage rates in the production of products of the Public Seating Branch sideration the petition dated November articles covered by the W age Order. of the Furniture Manufacturing Industry 5, 1941, filed on behalf of all carriers by This notice was sent to members of the as defined in my determination of May B. T. Jones, their duly authorized agent, industry, to trade unions, trade associa­ 3, 1939, shall be 40 cents an hour, or requesting further postponement from tions, and publications and was duly pub­ $16.00 for a week of 40 hours, arrived July 20, 1942, of the effective date of the at either on a time or piece-work basis. lished in the F e d er al R e g is t e r (7 F .R . second paragraph of Rule 27 of Tariff 4504). No objections, protests, or any This determination shall be effective Circular 20 in all tariffs containing rout­ statements in opposition to the proposed and the minimum wages hereby estab­ ing in accordance with Plan (2) of Rule amendments have been received. State­ lished shall apply to all contracts sub­ 4 (k) of Tariff Circular 20; ments in support of the proposed amend­ ject to the Public Contracts Act, bids for It is ordered, That the date shown in ments have been received from four which are solicited or negotiations other­ the second paragraph of Rule 27 of Tariff manufacturers, one union, and one asso­ wise commenced by the contracting Circular 20 as heretofore postponed to ciation. agency on or after August 15, 1942. July 20,1942, is hereby further postponed Upon consideration of all the facts and Nothing in this determination shall until six months after the termination of circumstances, I hereby determine that: affect such obligations for the payment the W a r in which the United States is of minimum wages as an employer may now engaged unless prior to such date § 202.271 Furniture manufacturing in­ have under the Fair Labor Standards dustry— (a ) Definitions— (1) Wood Fur­ the Commission shall prescribe a specific niture Branch. The definition of the Act of 1938 or any wage order there­ effective date: Provided, however, That Wood Furniture Branch of the Furniture under, or under any other law, or agree­ such extension shall be effective only as Manufacturing Industry is amended to ment, more favorable to employees than to tariffs whioh publish routing in the mean the manufacturing, assembling, the requirements of this determination. manner provided in Plan (2) of Rule 4 upholstering, and finishing, from wood, ***** (k) of Tariff Circular 20. reed, rattan, willow, and fiber, of uphol­ (46 Stat. 2036; 41 U.S.C. 35) By the Commission, Division 2. stered and other household, office, lawn, [ s e a l ] W . P . B ar te l, camp, porch, and juvenile and toy fur­ Dated: July 16, 1942. Secretary. niture, including but without limitation F r a n c e s P e r k in s , [F. R. Doc. 42-6897; Filed, July 20, 1942; porcelain top breakfast furniture and Secretary of Labor. radio, phonograph and sewing machine 11:38 a. m.] [F . R . D oc. 42-6860; F iled , J u ly 18, 1942; 16 Fit. 8437. 11:20 a. m.] 1 Affects tabulation In § 6 0 2 .le . FEDERAL REGISTER, Tuesday, July 21, 1942 5573

passes through the dewatering screens and supporting briefs and no such ex­ Notices with openings not larger than 10 mesh ceptions or supporting briefs having been nor smaller than y2 mm., or the equiva­ filed; lent thereof, after the production of The undersigned having determined DEPARTMENT OF THE INTERIOR. washed coal in other sizes, may be sold that the proposed findings of fact and at a price not less than 85 cents per net proposed conclusions of law of the Ex­ Bituminous Coal Division. ton: Provided, however, That Mine Index aminer should be approved and adopted No. 36, selling sludge under this price as the findings of fact and conclusions of [Docket No. A-1450] exception, shall file with the Bituminous law of the undersigned and that his rec­ D e l t a I s s u e Coal Division, at 734 Fifteenth Street ommendation should also be adopted; ORDER GRANTING TEMPORARY RELIEF NW., Washington, D. C., and with District Now, therefore, it is ordered, That the Board No. 10, within 10 days after the proposed findings of fact and proposed In the matter of the petition of District date of such sale, a complete description conclusions of law of the Examiner be Board No. 10 for the establishment of a of such sale as is required by the Mar­ and the same are hereby approved and price exception of the Delta Mine. keting Rules and Regulations of the Divi­ adopted as the findings of fact and con­ This proceeding having been instituted sion, Order No. 313, or any other Order of clusions of law of the undersigned; and upon a petition filed with the Bituminous the Division. The filing herein shall be It is further ordered, That pursuant to Coal Division, pursuant to section 4 II in addition to that required for filing with section 5 (b) of the Act, the code mem­ (d) of.the Bituminous Coal Act of 1937, the field office. bership of Karam Sheban (Sheban Min­ by District Board No. 10, requesting the It is further ordered, That jurisdiction ing Company) be and it hereby is re­ following price exception in the Schedule voked and cancelled, effective fifteen (15) be, and it hereby is, reserved by the Act­ of Effective Minimum Prices for District ing Director to modify or revoke the price days from the date hereof; and No. 10, for All Shipments Except Truck exception granted herein, and It is further ordered, That pursuant to and for Truck Shipments for the coals It is further ordered, That the request section 5 (c) of the Act, the code member, of the Delta Mine, Mine Index No. 36, of herein be, and it is hereby granted to prior to reinstatement to membership the Delta Coal Mining Company, a code in the Code, shall pay to the United the extent set forth above and in all other member in District No. 10: respects denied. States a tax in the amount of $3,515.08. Dated: July 17, 1942. At Mine Index No. 36 the resultant Dated: July 17, 1942. [ s e a l ] D a n H . W h e e l e r , coal, which is a mixture of coal which [ s e a l ] D a n H . W h e e l e r , Acting Director. passes through the dewatering screens Acting Director. with openings not larger than 10 mesh [F . R Doc. 42-6882; F iled, Ju ly 20, 1942; [F . R . Doc. 42-6881; F iled, Ju ly 20, 1942; 11:24 a. m.] nor smaller than y2 mm., or the equiva­ — 11:24 a. m.] lent thereof, after the production of washed coal m other sizes, may be sold at a price not less than 85 cents per net [Docket No. B-10] ton. [Docket No. 1708-FD) J. B. W i l l i a m s o n , C o d e M e m b e r Petitioner having also requested that S h e b a n M i n i n g C o m p a n y , C o d e M e m b e r no determination of a price classification ORDER APPROVING AND ADOPTING THE PRO­ ORDER REOPENING AND RESCHEDULING M AT­ and minimum price be made until peti­ POSED FINDINGS OF FACT, PROPOSED CON­ TER FOR HEARING tioner has had an opportunity to prop­ CLUSIONS OF LAW AND RECOMMENDATION A hearing having been held in the erly evaluate the coal of the producer, OF THE EXAMINER, AND REVOKING CODE above-entitled matter on November 24 the Delta Mine; petitioner having pro­ MEMBERSHIP and 25, 1941, at a hearing room of the posed, therefore, that the minimum price A complaint pursuant to section 4 H ( j ) Bituminous Coal Division (the “Divi­ be established on a temporary basis sub­ and 5 (b) of the Bituminous Coal Act of sion”) at Room 4086, New Post Office ject to further proposal by the District 1937, having been filed with the Bitumi­ Building, Cleveland, Ohio, before W. A. Board, after further investigation and nous Coal Division on June 11, 1941, Nby Cuff, Trial Examiner, which hearing taking of other samples; the Bituminous Coal Producers Board for was concluded on November 25, 1941; Pursuant to an appropriate order and District No, 4, alleging that Karam and after notice to interested persons, a hear­ Sheban '(Sheban Mining Com pany), code It appearing that .the record of said ing having been held in this matter on/ member in District No. 4, has wilfully hearing has not been submitted by the June 23, 1942, before Edward J. Hayes, a violated the provision# of the Bituminous Official Reporter to the Division; and duly designated Examiner of the Divi­ Coal Code or rules and regulations there­ It further appearing to the undersigned sion, at a hearing room thereof in Wash­ under, and praying that the Division that in order to obtain a full and com­ ington, D. C., at which all interested either cancel or revoke the defendant’s plete record of all the facts and cir­ persons were afforded an opportunity to code membership or in its discretion, di­ cumstances relating to the matters al­ be present, adduce evidence, cross- rect the code member to cease and desist leged in the complaint herein that the examine witnesses, and otherwise be from violation of Code and rules and hearing in the above-entitled matter heard; regulations thereunder; should be reopened and rescheduled as The preparation and filing of a report A hearing having been held before C. R. hereinafter provided. by the Examiner having been waived, Larrabee, a duly designated Examiner of Now, therefore, it is ordered, That the and the record thereupon having been the Division at a hearing room thereof hearing in the above-entitled matter be submitted to the undersigned; in Youngstown, Ohio, on April 8,1942; and the same hereby is reopened. The undersigned having made Find­ The Examiner having made and en­ It is further ordered, That the re­ ings of Fact and Conclusions of Law tered his Report, Proposed Findings of opened hearing on the subject matters herein and having rendered an Opinion Fact, Proposed Conclusions of Law and of the complaint in the above-entitled in this matter, which are filed herewith; Recommendation in the matter, dated matter be held on July 31, 1942, at 10:00 Now, therefore, it is ordered, That, June 10,1942, in which it was found that a. m. at a hearing room of the Division commencing forthwith and pending final the code member had wilfully violated at Room 518, Bulkley Building, at Cleve­ disposition of the above-entitled matter, the provisions of sections 4 II (e) and land, Ohio. the Schedules of Effective Minimum 4 n (g) of the Act, the Code, and the It is further ordered, That Charles S. Prices for District No. 10 for All Ship­ Schedule of Effective Minimum Prices for Mitchell or any other officer or officers ments Except Truck be, and it is hereby District No. 4 For Truck Shipments, and of the Division duly designated for that amended to include in the Price Excep­ in which it was recommended that an purpose shall preside at such hearing tions and Instructions the following price order be entered cancelling and revoking vice W . A. Cuff. exception: its code membership; It is further ordered, That the Notice At Mine Index No. 36 the resultant An opportunity having been afforded of and Order for Hearing dated October coal, which is a mixture of coal which to all parties to file exceptions thereto 7, 1941, entered in the above-entitled 5574 FEDERAL REGISTER, Tuesday, July 21, 1942 matter shall, in all other respects, remain approved by the Secretary of the Inte­ H ie Wage Board finds that the hourly in full force and effect. rior, unless otherwise directed by him: wage rates listed below are prevailing for Dated: July 17, 1942. Provided, That the Secretary of the In­ similar work in the vicinity of the Sta­ tion, and recommends them for your [ s e a l ] D a n H . W h e e l e r , terior may direct the Board to reconsider Acting Director. any recommendation in whole or in part adoption. when, in his judgment, the recommended [F . R. Doc. 42-6883; Filed, July 20, 1942; wage does not accord with the evidence Recom­ 11:24 a. m .] procured as to the prevailing wage in the Pre­ vailing mended locality or when there is insufficient evi­ basic Labor classification hourly dence to support the wage recommended. rate on hourly private rate for Bureau of Mines. B/M em­ H I. Effective Period of Approved Wage work ployees E x p e r i m e n t S t a t io n , B o u l d e r C i t y , Determinations N evada Any wage rate fixed in the manner Armature and rotor winder...... $1.25 $1.25 B a ll m ill operator______L 50 1.50 WAGE FIXING PROCEDURES above provided shall remain in effect Blacksmith...... 1.37)4 1.37)4 until that rate has been supplanted by Blacksmith’ s helper______L00 1.00 For the purpose of determining the Bricklayer...... — l.'SO L 50 a different rate determined by the Wage prevailing rate of wages to be paid cer­ Bricklayer’s h elp er1______. . . .80 .80 Board with the approval of the Secretary C a rp e n te r_____L...______1.25 1.25 tain classes of Government employees Carpenters helper <______.80 .80 of the Interior. Unless directed by the at the Bureau of Mines Experiment Sta­ Cement finisher______1.50 1.60 Secretary of the Interior to do so at other Compressor operator...... C;-..- 1.25 1.25 tion, Boulder City, Nevada, and to en­ Concrete mixer o p e ra to r.....______1.25 1.25 intervals, the Wage Board shall review able the payment to such employees of Crushing plant operator------1.50 L 50 wage rates at six-month intervals, be­ Dust collector operator______1.25 1.25 time and one-half for work in excess ginning with the effective date of the Electrician...-______1.60 1.50 of 40 hours per week, the following pro­ Electrician’s helper.'.------.90 .90 first schedule of wages made in accord­ Electrode stripper...... 1.25 1.25 cedure is established: ance with the procedure herein provided: Electrolytic cell operator...... 1.50 1.50 Engineer, stationary boiler------1.50 1.50 I. Wage Board Provided, That the Secretary of the In­ Evaporator operator------1.50 1.50 terior may direct a review at any other Filter operator...... 2...... - 1.25 1.25 A Wage Board, composed of three rep­ 1.50 I L50 time when, in his judgment, this is de­ Flotation plant operator______resentatives of the Department, one se­ Furnace operator______1.50 1.60 General mechanic...______1.60 1.50 lected from the Office of the Secretary of sirable. Unless otherwise ordered, the Board Kiln operator______1.50 1.50 the Interior, and at least one of the other Laborer, general...... 80 .80 shall be composed of these departmental Laborer, leadman...... 1.00 1.00 two members selected from the Bureau representatives: Laborer, special, crushing plant, of Mines, is hereby established t’o deter­ electrolytic plant, flotation plant, Duncan Campbell, selected from the mine prevailing wages for similar work furnace plant, leaching plant, Office of the Secretary of the Interior, milling plant, kiln______... ,90 .90 in the locality of the Station for persons Leaching plant operator______1.50 1.50 R. G. Knickerbocker and J. D. Secrest, employed by the Government in the va­ Lead burner.______L 50 L50 selected from the Bureau of Mines. L ead burner’s helper______1.00 1.00 rious trades and occupations in the Machinist...... 1.50 1.50 construction or operation and mainte­ H a r o ld L . I c k e s , M achinist’s helper____ .... ______1.00 1.00 Secretary of the Interior. Mechanic, air conditioner______1.50 1.50 nance of the Station excluding employees Mechanic’s helper...... LOO 1.00 whose wages are fixed on an annual basis [F . R. Doc. 42-6899; Filed, July 20, 1942. M otor truck driver (under 7)4 tons) .87)4 .87)4 1.00 1.00 11:54 a. m .] M otor truck driver (7J4—10 tons)____ pursuant to the Classification Act of M o u ld er...... 1.50- 1.60 1923, as amended, and to make recom­ Oiler and greaser______:. LOO 1.00 mendations with respect to such wages Fainter, brush______1.25 1.25 Painter, spray...... 1.87)4 1.87)4 to the Secretary of the Interior. The B o u l d e r C i t y E x p e r i m e n t S t a t io n W age Painter, swing stage & structural representative selected from the Office of B oard steel______1.50 1.60 Painter's helper1...... 80 .80 the Secretary of the Interior shall act recommendations t o s e c r e t a r y o f t h e Pipefitter...... 1.50 1.60 as Chairman of the Board. Pipefitter’s helper------1.00 L00 in t e r io r P lu m b e r______1.50 1.50 II. Procedure To Be Followed by Board P lu m b e r’s helper...... 1.00 1.00 Pursuant to the Order of the Secre­ Power-shovel operator, light duty... L 60 1.60 In determining the prevailing wages tary of the Interior, dated April 30,1942, Pump operator...... 1.12M 1.12)4 R ig g e r...... — s...... 1.50 1.50 of various trades and occupations being and entitled Wage Fixing Procedures, Sampler______1.25 L25 considered by the Board in the locality Bureau of Mines Experiment Station, Sheet metal worker______L 25 1.25 Boulder City, Nevada, the Wage Board Sheet metal workers’ h e lp e r1...... 80 .80 of the Station, the Board shall procure Spray dryer operator______1.25 L"26 evidence of the wages and compensation has determined prevailing wage rates for Structural steel worker______1.50 1.50 1.50 being paid to and perquisites received by certain classes of laborers and mechan­ Table operator, concentrator------1.50 W e ld e r... ------1.50 1.50 those employed in these trades and occu­ ics for work of a similar nature prevail­ W elder’s helper______1.00 1.00 pations from local contractors, _ Federal ing in the vicinity of the Boulder City agencies (including wage scales currently Experiment Station. i Classifications of labor thus designated not to be being paid pursuant to minima estab­ The Board has conducted a field in­ used for new employments. lished pursuant to the Davis-Bacon A c t), vestigation of wage rates paid in the V private industrial employers, and others vicinity of the Experiment Station. Con­ It is 'the understanding of the Wage employing labor in the locality, whether ferences were held with representatives Board that Bureau of Mines employees pursuant to union agreements or other­ of labor organizations and the principal paid in accordance with this schedule wise. Hearings for the purpose of adduc­ employers of labor in the vicinity of the will receive overtime pay on a basis of ing evidence of wages paid in the locality Station. one and one-half times the basic hourly may be held when, in the judgment of In addition to the testimony secured rate for all time worked in excess of forty the Board, this is required in order to during the field investigation, the W age hours in any one week. Refer to 40-hour determine the prevailing rates of wages. Board has considered wage rate data week act (Sec. 23, Act of March 28, 1934; Based on the evidence procured as to included in collective bargaining agree­ 48 Stat., 522). prevailing wages and the perquisites of ments; decisions of the Secretary of No reduction in current rates. The employment in the locality in the classi­ Labor made pursuant to the Davis-Bacon W age Board recommends that no pres­ fications under consideration by the Act, as amended; statements of wages ent employee of the Bureau of Mines Wage Board, the Board shall make its paid to and benefits earned by employees suffer a reduction in hourly wage rates recommendations to the Secretary of the of the Bureau of Power and light, City as a result of the promulgation of wage Interior as to the rates of wages to be of Los Angeles, and the Southern Cali­ changes based upon these recommenda­ paid to the Government employees of the fornia Edison Company; and tabular tions. classes above specified at the Experiment analyses of wages and other compensa­ Wage rates" for foremen. The Wage Station. The wages recommended shall tion paid by the Bureau of Reclamation Board finds with respect to foremen who become effective upon the date they are on the Boulder Canyon Project. do not work with the tools of the trade FEDERAL REGISTER, Tuesday, July 21, 1942 5575 that there Is a prevailing differential visions of section 10 of the act of Decem­ T. 36 S., R. 1 'W , between wages paid to foremen and wages ber 29, 1916, as amended by the act of Secs. 25, 26; Sec. 27, Ey2i paid to laborers and mechanics, namely, January 29, 1929, 39 Stat. 865, 45 Stat. Sec. 34, Ey2; that foremen receive not less than twelve 1144, 43 U.S.C. 300, such lands, excepting Secs. 35, 36; and one-half cents per hour in excess of any mineral deposits therein, are with­ T. 37 S., R. 1 W., the rate paid to the workers they super­ drawn from all disposal under the pub­ Secs. 1, 2, 11, 12, 18| T . 84 S., R . 2 W ., vise. The W age Board recommends that lic-land laws and reserved for the use of Secs. 25, 26; the basic hourly wage rate for foremen the general public as an addition to Stock Sec. 33, sy2; employed by the Government at the Ex­ Driveway Withdrawal No. 144, Wyoming Sec. 34, N E % S % ; periment Station be fixed at twelve and No. 18, subject to valid existing rights: Secs. 35, 36; one-half cents per hour in excess of the T . 35 S., R . 2 W ., Sixth Principal Meridian Secs. 1 to 4, 9 to 16, 22 to 27, 34 to 36, basic hourly rate established for the T . 37 N „ R . 80 W ., Inclu sive; classification of labor supervised. T . 36 S., R . 2 W .. Sec. 22, N E 1 4 SE 1 4 and Sy2Sy2, The foregoing recommendations ap­ Sec. 1; sec. 2 3 , sy2; ' Sec. 13, L o t 7. proved and adopted by the Boulder City T . 37 N., R . 81 W ., Experiment Station Wage Board this Sec. 33, W % W % : The areas described, Including both tenth day. of June, 1942. aggregating 680 acres. public and non-public lands, aggregate D u n c a n C am pbell, Any mineral deposits in the lands shall 41,152.27 acres. Chairman. be subject to location and entry only in This order shall take precedence ova* J. D. S e c r est, the manner prescribed by the Secretary but shall not rescind or revoke, Executive Member. of the Interior in accordance with the Order No. 6910 of November 26, 1934, R. G. K nickerbocker, provisions of the aforesaid act of Janu­ as amended, as to any of the above-de­ Member. ary 29, 1929, and existing regulations. scribed lands affected thereby. Approved: July 6, 1942. And the departmental orders of with­ It is intended that the lands herein de­ scribed shall be returned to the adminis­ H arold L. I ckes, drawal of April 20,1921, and May 16,1927, tration of the Department of the In­ Secretary of the Interior. for stock driveway purposes are hereby revoked so far as they affect the follow­ terior when they are no longer needed [P . R . Doc. 42-6900; P iled, Ju ly 20, 1942; ing-described lands: for the purpose for which they are re­ 11:54 a. m.] * served. T . 37 N., R. 80 w.. H arold L. I ckes, Sec. 26, S ^ N E ^ a n d N W i4 , Secretary of the Interior. Sec. 27, SVaNi/a, Sec. 28, N W 1 4 NE 1 4 and 8%NB%; J u l y 8, 1942. General Land Office. T . 35 N ., R . 82 W , Sec. 4, NV&, [F . R . Doc. 42-6871; F iled , J u ly 20, 1942; 10:22 a. m.] F armers’ B a n c o , A r izo na Sec. 5, Ey2NE>4, Sec. 14, S E % ; r e v o c a t i o n o f t e m p o r a r y w i t h d r a w a l a g gre g atin g 1,081.19 acres. OF ACCRETED l a n d s O scar L. C h a p m a n , Whereas, this Department by letter of Assistant Secretary of the Interior. DEPARTMENT OF LABOR. September 28,1927, ordered a temporary Ju l y 7, 1942. withdrawal of all accreted lands in Ts. 8 Wage and Hour Division. [P . R . D oc. 42-6872; P iled , J u ly 20, 1942; and 9 S., R. 24 W ., and Ts. 9 and 10 S., L uggage, L eather G oods, and W o m e n ’s 10:22 a. m.] R. 25 W„ G. & S. R. M., Arizona, which H andbag I n d u s t r y might be found to belong to the public domain pending final determination of h ear ing o n e m p l o y m e n t of learners at the title to the land in the Farmers’ [Public Land Order 11] less t h a n th e m in im u m w a g e rate Banco, and, O regon Whereas the Administrator of the Whereas, under date of April 15, 1942, Wage and Hour Division duly appointed this Department was informed by the WITHDRAWING PUBLIC LANDS FOR USE OF Industry Committee No. 41 for the pur­ Department of Justice that no reason THE1 WAR DEPARTMENT AS A CAMP SITE pose of recommending to the Admin­ then existed for treating these lands dif­ By virtue of the authority vested in istrator the highest minimum wage rate ferently from other lands of the United the President, and pursuant to Executive (not in excess of 40 cents per hour) which States, Order 9146 of April 24,1942,1 it is ordered will not substantially curtail employment Now, therefore, the Order of Septem­ as follows: in the Luggage, Leather Goods and ber 28, 1927, having served its purpose is Women’s Handbag Industry; and hereby revoked, leaving the lands sub­ The public lands in the following- Whereas the said Committee duly filed ject to all other withdrawals and appro­ described areas are hereby withdrawn, its Report and Recommendation on Feb­ priations now affecting them. subject to valid existing rights and to ruary 4, 1942, to the effect that every existing classifications and reservations O scar L. C h a p m a n , employer shall pay not less than 40 cents for power purposes, from all forms of Assistant Secretary. per hour to each of his employees in the appropriation under the public-land Luggage, Leather Goods and Women’s Ju n e 18, 1942. laws, including the mining laws, and re­ Handbag Industry as defined in Adminis­ [P . R . Doc. 42-6870; P iled , Ju ly 20, 1942; served for the use of the War Depart­ trative Order No. 138 dated January 10, 10:21 a. m.] ment as a camp site : 1942; and which recommendation was Willamette Meridian approved by the Administrator to become effective on July 27, 1942, and T . 36 S., R . 1 E., Whereas Industry Committee No. 41 Secs. 27 to 34, Inclu sive; S tock D r iv e w a y W ith d r a w a l N o . 144, T. 37 S., R. 1 E„ was unanimous in its recommendation to W y o m in g N o . 18, M odified Secs. 3 to 10, 15 to 18, inclusive; the Administrator that “if, after proper Under the authority of section 7 of the T . 34 S., R . 1 W ., inquiry, the Administrator deems it ad­ act of June 28, 1934, as amended by the Secs. 30, 31; visable, he hold a hearing for the Lug­ T. 35 S., R. 1 W., act of June 26,1936, 48 Stat. 1272,49 Stat. gage, Leather Goods and Women’s Hand­ Secs. *6, 7; bag Industry to consider the problem of 1976, 43 U. S. C. 315f, the following-de­ Sec. 18, NV£, SW &, Wy2SE^, NB&SB%{ learners.” scribed public lands in Wyoming are Sec. 19, wy2, Wy2Ey2; Now, therefore, notice is hereby given hereby classified as necessary and suit­ Sec. 30, Wy2, W f t E & j Sec. 31, W & ; of a public hearing to commence at 10:00 able for the purpose and, under the pro­ A. M. on August 3, 1942 in the College * 7 Pit. 3067. Room of the Hotel Astor at 44th Street N o . 142------6 5576 FEDERAL REGISTER, Tuesday, July 21, 1942

and Broadway, New York, New York, be­ On the close of the hearing, the Pre­ FEDERAL SECURITY AGENCY. fore Merle D. Vincent of the Hearings siding Officer shall file a complete record Branch of the Wage and Hour Division, of the proceeding with, and shall make Food and Drug Administration hereby duly authorized as Presiding Offi­ findings of fact and recommendations to [Docket Nos. FDC-12, FDC-29] cer to conduct said hearing, to take tes­ the Administrator. timony for the purpose of determining: Signed at New York, N. Y., this 16th C r e a m , N e u f c h a t e l , C o t t a g e , a n d (a ) What, if any, occupation, or occu­ day of July 1942. C r e a m e d C o t t a g e C h e e s e s

pations in the Luggage, Leather Goods W i l l i a m B . G r o g a n , definitions a n d s t a n d a r d s o f i d e n t i t y and W omen’s Handbag Industry require Acting Administrator. a learning period, and if any occupation In the ifiatter of fixing and establish­ [F . R . D oc. 42-6838; P iled , Ju ly 17, 1942; is found to require a learning period; ing a definition and standard of identity 1:44 p. m.] (b) The factors which may have a for cream cheese (Docket No. FDC-12) ; bearing upon curtailment of opportuni­ in the matter of fixing and establishing ties for employment within the Luggage, definitions and standards of identity for Leather Goods and Women’s Handbag neufchatel cheese, cottage cheese, and Industry; and CIVIL AERONAUTICS BOARD. creamed cottage cheese (Docket No. (c) Under what limitation as to wages, [Docket Nos. 204 and 334] FDC-29). time, number, proportion, and length of Proposed Order service, special certificates may be issued A m e r i c a n A i r l i n e s , I n c . It is proposed that, by virtue of the for the employment of learners in the n o t i c e o f f u r t h e r o r a l a r g u m e n t Luggage, Leather Goods and Women’s authority vested in the Federal Security Handbag Industry. In the matter of the compensation for Administrator by provisions of the Fed­ the transportation-of mail by aircraft, At this hearing opportunity to present eral Food, Drug, and Cosmetic Act (secs. the facilities used and useful therefor, evidence relevant to above questions will 401,701 (e) ; 52 Stat. 1046,1055; 21 U.S.C. and the services connected therewith, be afforded any interested person, pro­ 341, 37Ì ( e ) , 1940 ed.) ; the Reorganiza­ under section 406 of the Civil Aeronau­ vided the Presiding Officer shall have re­ tion Act of 1939 ([53 Stat. 561 ff.; 5 tics Act of 1938, as amended, of American ceived from such person, prior to noon, U.S.C. 133-133v (Supp. V, 1939)); and Airlines, Inc. Saturday, August 1, 1942, a notice of in­ Reorganization Plans No. I (53 Stat. Notice is hereby given pursuant to the tention to appear, setting forth his napie 1423) and JNo. TV (54 Stat. 1234) ; and Civil Aeronautics Act of 1938, as and address, the company or organiza­ upon the basis of evidence of record at amended, particularly sections 406 and tion which he represents, and the ap­ the above-entitled hearings duly held 1001 of said Act, in the above-entitled proximate length of time required for pursuant to the notices issued respec­ proceeding, that further oral argument such presentation. Any interested party tively on August 18, 1939 (4 F.R. 3683) is now assigned to be held on Monday, unable to appear in person may file a and on January 6, 1941 (6 F.R. 679), July 27,1942, at 10:00 o’clock a. m., (east­ brief or a statement which will be con­ the following order be made: ern war time) in Room 5042, Commerce sidered if received by August 1, 1942. Building, 14th Street and Constitution Findings of Fact1 As used in this notice, the term “Lug­ Avenue NW„ Washington, D. C. gage, Leather Goods and W om en’s Hand­ Finding 1. There are produced and Dated, July 18, 1942. bag Industry” is defined as follows: marketed various cheeses of the class of By the Civil Aeronautics Board. soft uncured cheeses which have similar (a) The manufacture from any mate­ characteristics but which are separate rial of luggage including, but not by way [ s e a l ! D a r w i n C h a r l e s B r o w n , Secretary. and distinct identities. R. pp. 63, 93-94, of limitation, trunks, suit cases, traveling 138-157, 232-234, 659-661, 675, 679-683, bags, brief cases, sample cases; the manu­ [F . R . Doc. 42-6888; F iled, J u ly 20, 1942; 741-744, 924-925, 1988-1991, 2018-2020, facture of instrument cases covered with 11:30 a. m.] 2271, 2711-2712; U. S. Dept. Agri. Bulle­ leather, imitation leather, or fabric in­ tins Nos. 608-669) cluding, but not by way of limitation, Finding 2. The organoleptic charac­ portable radio cases; the manufacture of teristics, that is, the appearance, smell, small leather goods and like articles [Docket No. 335] feel, and taste, serve in general to distin­ from any material except metal; the E a s t e r n A i r L i n e s , I n c . guish- each of such soft uncured cheeses manufacture of women’s, misses’, and from the others. (R. pp. 138-140, 148- children’s handbags, pocketbooks, purses, NOTICE OF FURTHER ORAL ARGUMENT 149, 232-233, 246, 659-662, 681-682, 703- and mesh bags from any material except In the matter of the compensation 704, 924-925, 940, 1228-1229, 1258, 1359, metal; but not the manufacture of bodies, for the transportation of mail by air­ 1463, 1625, 1732-1733, 1735-1736, 1787, panels, and frames from metal, wood, craft, the facilities used and useful there­ 1917-1918, 1944-1945, 1967-1969, 2017- fibre, or paper board for any of the above articles. for, and the services connected therewith 2020, 2271, 2712) of Eastern Air Lines, Inc. Finding 2. The basic constituents of (b) The manufacture from leather, im­ Notice is hereby given pursuant to the each such cheese are the same, namely, itation leather, or fabric of cut stock and Civil Aeronautics Act of 1938, as the coagulated proteins of milk, a por­ parts for any of the articles covered in amended, particularly sections 406 and tion of the soluble nonfat milk solids, and section (a ). 1001 of said Act, in the above-entitled widely varying proportions of water and The definition of the Luggage, Leather proceeding, that further oral argument Goods, and Women’s Handbag Industry is hereby assigned to be held on July 24, 1The above-entitled hearings having been covers all occupations in the industry 1942,10 a. m. (eastern war time) in Room consolidated for the purpose of considering which are necessary to the production of 5042 Commerce Building, 14th Street and the identities of the several kinds of cheeses which were the'subject of said hearings on the articles within the definition, includ­ Constitution Avenue NW., Washington, ing clerical, maintenance, shipping and the basis of all the evidence of record at both D. C., before the Board. selling occupations: Provided, however, hearings (R. p. 1218), the findings of fact Dated Washington, D. C., July 18,1942. are based upon all such evidence of record. That this definition does not include em­ By the Civil Aeronautics Board. The page references to certain relevant por­ ployees of an independent wholesaler or tions of the record are for the convenience employees of a manufacturer who are [ s e a l ] D a r w i n C h a r l e s B r o w n , Secretary. of the reader; however, the findings of fact engaged exclusively in marketing and are not based solely on that portion of the distributing products of the industry [P . R . D oc. 42-6887; P iled , J u ly 20, 1942; record to which reference is made but on which have been purchased for resale. 11:30 a. m.] consideration of all the evidence of record. FEDERAL REGISTER, Tuesday, July 21, 1942 5577 milk fat. (R. PP. 1839, 1917-1918, 1951- Finding 10. The food commonly or 1230, 1617, 1619, 1929, 2097-2098, 2108, 1952, 2206, 2321; U. S. Dept. Agri. Bulle­ usually known as cream cheese is one 2179, 2181; Govt. Ex.’s Nos. 2 and 4) tins Nos. 608 and 896) of the several soft uncured cheeses. (R. Finding 20. In good commercial prac­ Finding 4. The proportions in which pp. 63, 139, 230, 232, 660-661, 683, 743, tice the percentages of fat and moisture these basic constituents are present in a ?7QJL917) in the finished cream cheese vary as soft uncured cheese determine, to a Finding 11. Cream cheese, made bas­ much as 2 percent above or below the large extent, the organoleptic character­ ically as stated in finding 9, is made percentages which the manufacturer de­ istics on the basis of which it is distin­ from cream, with or without added milk sires to obtain in the finished product. guished from other kinds of cheeses. (R. or skim milk or both. The fat content (R. pp. 1367-1368, 1484-1485, 1561, 1670- pp. 93-94, 246, 260-261, 272, 680-682, 746, of the starting mix varies from about 10 1673, 1729-1730, 1775, 1914-1915, 2001- 1376, 1640-1641, 1656, 1674, 1681, 1684, to about 20 percent by weight, depending 2002, 2093, 2098-2100, 2179-2180, 2185- 1686-1687, 1813-1814, 1917-1920, 1926- on the proportions of fat and water de­ 2186) 1927, 1935-1938, 1940, 1969-1970, 1982- sired in the finished cream cheese. The Finding 21. The appearance, smell, 1983, 1985-1986, 1988, 2030-2034, 2075- starting mix is usually homogenized. The feel, and taste of cream cheese become 2076, 2271) separation of the curd and the whey is less characteristic of that product as the Finding 5. The percentage of milk fat sometimes facilitated by warming. fat content is lowered and the moisture present in the dairy product from which Pressure is sometimes applied to facili­ content is correspondingly raised. The such soft uncurred cheese is made is one tate drainage of whey, and the curd is line of demarcation is not clearly fixed, of the important factors which deter­ sometimes chilled. (R. pp. 28-29, 141, but when the fat is less than about 33 mine the composition of the finished 155, 234, 984, 1612, 1668, 1684, 1702, 1714, percent and the moisture is more than cheese. (R. pp. 148-149, 704, 1229, 1375- 1920 ( a ) , 2179, 2203, 2248) about 55 percent, the finished product 1376, 1433-1434, 1586-1587, 1669, 1673, Finding 12. All finished cream cheese (unless subjected to the hot-pack proc­ 1819, 1919, 2178-2183; O. P. Ex. 141, leaks water to some extent. (R. pp. 75, ess hereinafter described) commences to 2192-2193, 2246-2248) 226, 259, 884-885, 1594) acquire characteristics of appearance, smell, feel, and taste closely related to Finding 6. The desired percentage of Finding 13. Any noticeable leakage of but different from those of cream cheese. fat in the dairy product from which a water from cream cheese is undesirable (R. pp. 265-267, 746, 799-800, 1599-1600, soft uncured cheese is made may be ob­ as it renders the cheese unattractive and 1607, 1619, 1700, 1732, 1935-1938, 1982- tained by “adjustment” when necessary, creates merchandising problems. (R. 1984, 2249-2250) that is, by adding skim milk, milk, or pp. 153, 193, 227, 259, 270, 273, 277, 351, Finding 22. With all due allowances cream as may be required to raise or 373-374, 885, 984-985) made for the variations in the fat and lower the fat content of the starting Finding 14. About 1927 it was discov­ moisture content referred to in finding material to the desired percentage. The ered that the addition of small quantities 20, a reasonable minimum limit for the starting material, after adjustment when of harmless vegetable gum in the prep­ fat content of the finished cream cheese necessary, is generally referred to as aration of cream cheese would prevent is 33 percent, and a reasonable maximum the “starting mix” or “mix.” (R. pp. noticeable leakage of water, and such limit for the moisture content is 55 per­ 234, 1407-1408, 1432-1434, 1750, 2178- gum was first used and is today used by cent. (R. pp. 1325-1326,1498, 1617, 1619, 2183) some manufacturers solely for this pur­ 1647-1648, 1679-1680, 1700, 1780, 1792, Finding 7. The proportions in which pose. (R. pp. 193, 226, 374, 626, 752, 754- 755, 790, 799, 819-821, 833-834, 884, 1358, 2097-2098, 2179-2181) the basic constituents are present in a Finding 23. Following the discovery soft uncured cheese are determined by 1593, 1620-1621, 2323-2325) that the use of gum in cream cheese the composition of the starting mix used Finding 15. The vegetable gums most would prevent excessive leakage of mois­ and the method of manufacture em­ commonly used in the preparation of ture, it became the practice of some man­ ployed. (R. pp. 232-234, 680-682, 704, cream cheese for the purpose of prevent­ ufacturers to heat the gum together with ing excessive leakage of water are carob 1226-1728, 1750, 1775-1776, 2178-2183; the curd, and to disperse it in the curd or locust bean gum, karaya gum, and O. P. Ex. 141) usually by homogenization. This modi­ tragacanth gum.

Finding 26. The desired percentage of Finding 33. In the administration of no neufchatel cheese has been marketed, fat and moisture in soft uncured cheese the Federal Food and Drugs Act of June and today only one manufacturer is made by the hot-pack process may be 30, 1906, the Secretary of Agriculture known to market a soft uncured cheese obtained by adjustment through adding promulgated the following standard of under that name. Commencing about to the curd appropriate quantities of identity for cream cheese: 1916 it became the practice of manufac­ cream, milk, skim milk, or any mixture Cream cheese is the unripened cheese made turers, for competitive reasons, to pro­ of two or all of these, before the curd is by the Neuichatel process from whole milk gressively lower the fat, content and in­ heated and homogenized. (R. pp. 1356- enriched with cream. It contains, in the crease the moisture content of the prod­ 1358, 1452-1453, 1457, 1459, 1607, 1649, water-free substance, not less than sixty-five uct, so that by about 1920 most of it was 1660, 1726-1728, 1738, 1805-1807, 1915- percent (65%) of milk fat. made from partly skimmed milk but 1917, 1920 (a ), 2000-2002, 2246-2248) This standard was advisory in character continued to be sold as neufchatel cheese. Finding 27. A low-fat, high-moisture and did not have the force and effect The result of this practice was a pro­ soft uncured cheese made by the hot- of law. (R. pp. 21-23, 2320-2325) gressively inferior or “cheaper” product. pack process cannot be readily distin­ Finding 34. W hen such advisory Consumer demand for it declined until guished from cream cheese by the ordi­ standard was promulgated, the hot- its manufacture was virtually discontin­ nary purchaser. (R. pp. 46-47, 75, 80, pack process was not known and such ued. (R. pp. 1684-1686, 1922-1926) 82, 156-157, 245, 260-261, 268, 317-318, treatment of cream cheese was not then Finding 42. The food commonly or 358, 383-384, 653, 1043, 1264, 1339, 1498, contemplated. (R. pp. 2320-2325) usually known as cottage cheese is one 1499-1510, 1526, 1921-1922, 1970, 1991, Finding 35. The ratio of fat to non­ of the several soft uncured cheeses. (R. 2066) fat solids prescribed by such advisory pp. 1710-1711, 1742, 2711-2712, 2714) Finding 28. Such cheese has from the standard limited the composition of Finding 43. Cottage cheese is made beginning and is today distinguished by cream cheese fairly satisfactorily as long from skimmed milk, the process being, manufacturers, wholesalers, and retailers as it was manufactured by the cold-pack basically, that described in finding 9. by such qualifying words as “low test”, process and without gum, because leak­ The percentage of milk fat contained in “cheap”, “second grade”, “No. 2”, “hot- age limited the amount of moisture the starting mix varies from traces to pack”, and often by some arbitrary brand which could be incorporated in such something less than IV2 percent. The name. (R. pp. 288, 295, 337, 361, 386, cheese. (R. pp. 2320-2325) separation of the curd and whey is fa­ 538, 683, 744, 930, 951, 1224-1225, 1248, Finding 36. W hen excess moisture is cilitated by warming or cutting or both; 1271-1273, 1282, 1310, 1347-1351, 1425- held in the cheese by use of the hot- the curd is drained and is sometimes 1427, 1440-1441, 1497-1498, 1613, 1790, pack process, such advisory standard is washed with water during or after drain­ ing, followed by further draining; after 1831-1832, 1930, 1935, 2105) ineffective because it does not limit the Finding 29. Such cheese was produced moisture content of the product. (R. pp. draining, the curd is sometimes chilled, by some of the smaller manufacturers 181-182, 217, 1993, 2320-2325) or pressed, or both. (R. pp. 1740, 1872- to enable them to compete profitably with Finding 37. Although such low-fat, 1873, 1910, 2012, 2577-2578) Finding 44. The extent of the warming large manufacturers of cream cheese. high-moisture soft uncured cheese made The competitive situation thus created by the hot-pack process simulates cream and draining, and also whether rennet is led to the production, in some quantity cheese in appearance and texture, the used of not, and whether the curd is at least, of the low-fat, high-moisture composition of such finished cheese is washed or unwashed, chilled or unchilled, product by all or substantially all manu­ more nearly like the composition of neuf- cut or uncut, pressed or not, during the facturers of cream cheese. (R. pp. 288- chatel cheese. (R. pp. 1683-1687, 1700- process of manufacture^ are all factors 291, 306, 330, 335, 348, 352, 386-387, 588, 1701, 1706-1707, 2197-2207) which affect the physical form of the 601, 613, 656, 718, 737, 767, 896, 946, 964, Finding 38. The soft uncured cheese finished cottage cheese, so that such 981-983, 989, 1012, 1230, 1249-1250, 1310, made from whole milk by the process de­ cheese is sometimes of a relatively gran­ 1930, 2110, 2206-2207) scribed generally in finding 9 is com­ ular or crumbly form, or of a relatively Finding 30. The manufacturing cost monly or usually known as neufchatel smooth texture, or in the form of flakes; of soft uncured cheese is determined pri­ cheese. Although it is not made in sub­ and in some forms it may be dryer than marily by the fat content in the finished stantial quantities at the present time, in others. But all such differences are cheese. Low-fat, high-moisture cheese it is defined in Webster’s dictionary and merely minor differences in the same is therefore less expensive than cream by experts as a cheese made from sweet kind of cheese. (R. pp. 1873, 2012, 2577- cheese, and manufacturers usually sell milk with or without cream. Neufchatel 2578, 2584, 2588-2590, 2605-2606, 2627, it to distributors and retailers at a lower cheese is made by the cold-pack process, 2638-2639, 2690-2691, 2708-2712, 2726- price than that of cream cheese. (R. but there are no technical difficulties in 2727, 2764-2788) pp. 272, 949, 1225-1227; 1241-1242, 1388- applying the hot-pack process to the curd Finding 45. The choice of a particu­ 1390, 1426, 1437-1438, 1528, 2027-2028, so produced. (R. pp. 1683-1686, 1705, lar texture in cottage cheese is deter­ 2254; Govt. Ex.’s Nos. 4 to 10, incl.; 1713, 1737, 1922-1927. 2088, 2167, 2173, mined by the intended use of the cheese. O. P.’s Ex. No. 15) 2267-2271) In some localities it is customary to Finding 31. Retailers frequently sell Finding 39. Neufchatel cheese has tra­ distinguish between textures of cottage the low-fat, high-moisture soft uncured ditionally contained a percentage of fat cheese by such descriptive words as cheese to consumers at the price of cream within the range next lower than that of “bakers”, “pot”, “cup”, ‘‘hoop”, “block”, cheese and sometimes even at higher cream cheese and a percentage of mois­ “dry”, “pressed”, “popcorn”, “flake”, but prices. There is no uniform differentia­ ture within-the range next higher than the meaning of such words is not uni­ tion between the two cheeses on the that of cream cheese. Prior to the de­ form. Such a descriptive word which basis of retail prices. (R. pp. 1609, 2137, velopment of the hot-pack process, it identifies cottage cheese of a particular 2216; Govt. Ex.’s Nos. 4 to 10, incl.; O. P.’s was the only soft uncured cheese with texture in one locality may identify such Ex. No. 15) fat and moisture contents falling within cheese of a different texture in another Finding 32. The low-fat, high-mois­ such ranges. (R. pp. 1683-1687, 1927- locality. (R. pp. 2584-2587, 2606, 2638- ture soft uncured cheese is not known 1929, 2197-2207) 2639, 2690-2691, 2708-2712, 2721-2722, to consumers by any of the designations Finding 40. When the usual method 2726-2727, 2730, 2764-2769, 2775-2788; whereby manufacturers, wholesalers, of manufacture is employed, neufchatel O. P. Ex. 11) and retailers distinguish it from cream cheese contains a minimum of about 20 Finding 46. Most cottage cheese mar­ cheese because it has been sold to them percent of fat and a maximum of about keted contains less than 80 percent of under the name “cream cheese” ; con­ 65 percent of moisture. (R. pp. 1684, moisture, and a limitation of moisture sumers generally do not know that kind 1688,1928-1929, 2197-2206, 2279) in cottage cheese to not more than 80 of cheese by any other name. (R. pp. 28, Finding 41. Prior to about 1920, a percent is a reasonable limit. (R. PP- 312-313, 345, 354-355, 378, 611, 778, 815, very substantial volume of neufchatel 1739-1740, 1871-1872, 2005, 2588-2589, 861, 863, 946, 951, 979, 1020, 1037-1038, cheese was marketed. However, the vol­ 2649, 2655-2657, 2676-2677; O. P. Ex. 11) 1234, 1245, 1339, 1588-1589, 1783, 1791, ume of sales of this product gradually Finding 47. The calcium content of 2105) declined and since about 1925 practically milk varies, the amount present depend- FEDERAL REGISTER, Tuesday, July 21, 1942 5579 ing on such factors as seasons, geograph­ “Moisture— Official”, on page 301, and products and, as it progresses, the ical locations, the kind of feed fed to the the milk fat content under the heading cheeses deteriorate until they become cows, and perhaps others. (R. pp. 1874- “Fat— Official", oh page 302. Such meth­ unfit for use. (R. pp. 428-438, 452-454, 1877, 1906-1907, 2003) ods are well-known to, and recognized by, 490, 1108) Finding 48. W hen oottage cheese-is food chemists and the publication refer­ Finding 61. Yeast growth in soft un­ made from skim milk deficient in cal­ red to is a publication well-known and cured cheeses will result in objection­ cium, the curd is too soft and “mushy” to readily available to food chemists. (R. able or “off” flavors. Such off flavors give the finished cheese the desired char­ p. 152) make the cheeses unfit for use, but they acteristic texture. (R. pp. 1874-1877, Finding 56. The milk used in the ordinarily do not develop until about 2003-2004, 2015) manufacture of any soft uncured cheese the time that the cheeses become spoiled Finding 49. Calcium deficiency in is sweet milk of cows, and the skim milk from bacterial or mold development. skim milk from which cottage cheese is so used is such cows’ milk from which The length of the period from the time made is corrected by adding calcium chlo­ the fat has been separated. (R. pp. 1745, of manufacture until such off flavors ride to the starting mix. (R. pp. 1751, 1897, 1911-1912, 2590-2596) develop depends largely on the extent 1874-1877, 2003, 2015, 2600, 2677, 2716) Finding 57. There is a kind of soft of the yeast spore contamination of such Finding 50. The maximum calcium uncured cheese which, according to products during the process of manu­ chloride required to correct any likely some testimony, appears-to be made by facture. However, the character of the calcium deficiency in skim milk is never a process slightly different from the proc­ yeast spore is such that excessive con­ in excess of 0.02 percent by weight of the ess employed in making cottage cheese. tamination of soft uncured cheese made starting mix. (R. pp. 1875-1877, 1894- Its minimum fat content is somewhere from a pasteurized starting material 1895, 2003, 2654-2655, 2677-2678) within the range of 10 to 12 percent, but can be avoided by observing proper sani­ Finding 51. The food commonly or this kind of cheese contains less fat than tary precautions. (R. pp. 69-70, 442A- usually known as creamed cottage cheese neufchatel cheese. This kind of cheese 443A, 456, 498, 500-502, 527, 665-667, is one of the several soft uncured cheeses. differs in identity from cottage cheese, 807-808) (R. pp. 1740, 2005, 2577-2579, 2649) from creamed cottage cheese, and from Finding 62. It is difficult to prevent Finding 52. Creamed cottage cheese is neufchatel cheese. Most soft uncured the development of mold on soft uncured cottage cheese which has been creamed cheese of this composition has been sold cheeses. Contamination with mold by adding thereto and admixing there­ under the designation “farmer cheese”. sphores during the process of manufac­ with sweet cream, or a mixture of sweet There is evidence of record that a desig­ ture cannot be entirely avoided. The cream and sweet milk or sweet skim milk nation of this product by the term rate and extent of mold development in­ or both. The cottage cheese ordinarily “farmer cheese” would be misleading to crease with increasing degrees of con­ used for making creamed cottage cheese consumers. (R. pp. 2012-2013, 2019- tamination, such as are likely to occur contains from fractions up to about 1 2021, 2620-2621, 2624-2626, 2628-2629, when the products are cut into small percent of milk fat. Creamed cottage 2635-2637, 2659-2666, 2697-2703, 2763, pieces and wrapped by hand, and with cheese contains in excess of 4 percent of 2767-2770, 2785; Govt. Ex. 13) increases in the moisture content of the milk fat. The cream or the mixture of Finding 58. Soft uncured cheeses, like products. However, when rigid precau­ cream and milk or skim milk or both milk, cream, and most other dairy prod­ tions as to sanitation and refrigeration which is added to cottage cheese is the ucts, are comparatively perishable. The are taken (such as should be taken with principal source of milk fat in creamed principal causes of spoilage are Ynicro- respect to relatively perishable foods and cottage cheese. Such cream or such mix­ organisms, including bacteria, yeasts, and which are taken in the manufacture of ture, as the case may be, is added in molds. (R. pp. 69-71, 404-407A, 410-415, most soft uncured cheese), visible mold such quantity that the fat derived from 417-418, 428-439, 442, 454, 456, 459, 476, seldom develops during the period that this source is not less than 4 percent 479-480, 490, 498, 521, 835, 862, 2010, 2018) the cheeses remain otherwise fit for con­ by weight of the finished creamed cot­ Finding 59. The length of time during sumption. W hen the precautions are not tage cheese. (R. pp. 1740-1746, 1749- which soft uncured cheeses remain fit for so rigid, visible mold may develop any­ 1750, 1877-1881, 1883-1885, 1888, 1899- use depends on the rate of the develop­ where from 1 to 5 days prior to the time 1900, 1904-1906, 2017-2018, 2022-2023, ment of microorganisms, and the rate of when the cheeses become otherwise unfit 2579, 2593-2594, 2601-2603, 2753-2755, such development depends on such fac­ for consumption. (R. pp. 69-70, 308, 404- 2761; Govt. Ex. 13) tors as the sanitary quality of the raw 407, 415-416, 442A-443A, 456-457, 459, Finding 53. Some manufacturers have m aterial, from which such cheeses are 463-466, 482-483, 497-498, 500-502, 505- added gelatin to cottage cheese and to made, the sanitary precautions taken 512, 581-582, 665-667, 684-685, 699, 758- creamed cottage cheese. The addition during the process of manufacture, pack­ 759, 761-762, 794-795, 809) of gelatin to such products does not aging, and distribution, the method of Finding 63. Consumers know that soft affect the preparation of the curd, but packaging, and the efficiency of refrigera­ uncured cheeses are relatively perishable it eliminates the “watery” appearance tion during storage and distribution. and therefore consumers usually pur­ of the curd and gives it a glossy appear­ W hen cream cheese and the low-test, chase such products in small quantities ance, and gives the impression that the high-moisture product which has been and consume them before they become finished product is richer or higher in sold as such are prepared from raw m a­ unfit for use by reason of the develop­ butterfat than it actually is. (R. pp. terials of reasonable sanitary quality and ment of microorganisms. (R. pp. 278, 2006-2009, 2024-2027, 2579-2580, 2595, when reasonable precautions as to sani­ 712-713, 862^863) 2652-2654, 2725) tation and refrigeration are taken in Finding 64. Comparatively recently Finding 54. Most of the soft uncured manufacturing, packaging, and distribu­ about 10 manufacturers have added one cheese marketed as creamed cottage tion, such cheeses remain free from spoil­ or the other of the chemical substances cheese contains not more than 80 per­ age for a period of from about two to sodium propionate and calcium propio­ cent of moisture, which is a reasonable three weeks, except when the finished nate to some of their soft uncured limit for moisture in creamed cottage curd is subjected to the hot-pack process cheeses for the purpose of retarding the cheese. (R. pp. 1877-1879, 2017, 2649- this period may be somewhat longer. development of yeast and mold in such 2650, 2655-2657, 2680-2681, 2687; O.P. The same is true of cottage cheese and products. (R. pp. 302-303, 308-310, 365, Ex. 11) creamed cottage cheese, except that they 368-369, 419-421, 438, 455, 464, 501-503, Finding 55. The amount of moisture do not remain free from spoilage for so 570-571, 665-667, 780, 1034, 1113-1115, and the amount of milk fat contained in long a period. (R. pp. 69-70, 417-418, 2795) each of the cheeses heretofore described 437, 442A-443A, 456, 465, 665-667, 710- Finding 65. Sodium propionate and can be accurately determined by the 714) calcium propionate have undesirable methods of analysis for cheese described Finding 60. Bacterial growth will characteristic flavors. When sodium in the publication entitled “Official and eventually cause soft uncured cheeses propionate or calcium propionate is used Tentative Methods of Analysis of the to spoil irrespective and independent of in soft uncured cheese in the usual quan­ Association of Official Agricultural yeast and mold development. Such tity of 0.15 percent (the quantity recom­ Chemists”, Fifth Edition, 1940: the growth commences immediately after mended by the advocates of propio­ moisture content under the heading or even during the manufacture of the nates), the characteristic flavor is not 5580 FEDERAL REGISTER, Tuesday, July 21, 1942 readily noticeable in the product. In the (5) The evidence does not provide an § 19.520 Neufchatel cheese— identity; quantity of 0.2 percent the flavor is defi­ adequate basis for a determination that label statement of optional ingredients. nitely noticeable. (R. pp. 442-443, 483- the inclusion as optional ingredients in (a ) Neufchatel cheese is the soft uncured 485, 542, 548, 796, 811-812) soft uncured cheese of sodium propion­ cheese prepared by the procedure set forth Finding 66. The evidence does not es­ ate, calcium propionate, and vitamin D in paragraph (b ) of this section. The tablish (1) a need for the use of pro­ would promote honesty and fair dealing finished neufchatel cheese contains not pionates to inhibit or otherwise control in the interest of consumers. less than 20 percent but less than 33 per­ the development of microorganisms in (6) Promulgation of the regulations cent of milk fat and not more than 65 soft uncured cheeses; (2) that purchas­ hereinafter prescribed^ fixing and estab­ percent of moisture, as determined, re­ ers or consumers of such cheeses which lishing definitions and standards of iden­ spectively, by the methods prescribed are of good merchandisable quality at tity for cream cheese, neufchatel cheese, under “Fat— Official” on page 302 and the time of sale, suffer loss by reason cottage cheese, and creamed cottage under “Moisture— Official” on page 301 of failure to consume the product be­ cheese, will promote honesty and fair of “Official and Tentative Methods of fore the development of yeast or mold; dealing in the interest of consumers. Analysis of the Association of Official (3) that, upon the assumption that the Wherefore each of the following regu­ Agricultural Chemists”, Fifth Edition use of propionates would extend the lations is hereby promulgated: 1940. commercial life of such cheeses by from 1 § 19.515 Cream cheese— identity; label (b) (1) Milk or a mixture of cream to 4 days and reduce the volume of re­ statement of optional ingredients, (a) with milk or skim milk or both is pas­ turns to manufacturers because of ex­ Cream cheese is the soft uncured cheese teurized and may be homogenized. To cess yeast and mold development, con­ prepared by the procedure set forth in such milk or mixture harmless lactic- sumers would derive any subsantial paragraph (b ) of this section. The fin­ acid-producing bacteria, with or without benefit from such extension; and (4) the ished cream cheese contains not less than rennet, are added and it is held until it scope and extent of the inhibitory effect 33 percent of milk fat and not more than becomes coagulated. The coagulated of propionates on the various micro­ 55 percent of moisture, as determined, mass may be warmed; it may be stirred; organisms present in soft uncured respectively, by the methods prescribed it is then drained. The curd may be cheeses, such as whether all mold or under “Pat— Official” on page 302 and pressed, chilled, worked, seasoned with only certain kinds, are retarded; whether under “Moisture— Official” on page 301 salt; it may be heated, with or without th development of yeasts is retarded; of “Official and Tentative Methods of added cream or milk or skim milk or any and the effect upon bacteria, including Analysis of the Association of Official mixture of two or all of these, until it lactic-acid-forming bacteria. The ex­ Agricultural Chemists”, Fifth Edition, becomes fluid and it may then be homog­ periments and market survey which con­ 1940. enized or otherwise mixed. stitute, primarily, the basis for the testi­ (b) (1) Cream or a mixture of cream (2) In the preparation of neufchatel mony relating to the effect of propionates with milk or skim milk or both is pas­ cheese one or any mixture of two or more do not take account of the material teurized and may be homogenized. To of the optional ingredients gum karaya, factor of the degree of contamination such cream or mixture harmless lactic- gum tragacanth, carob bean gum, gelatin, by mold, yeast, and other microorgan­ acid-producing bacteria, with or without or algin may be used; but the quantity of isms of the samples involved, or of such rennet, are added and it is held until it any such ingredient or mixture is such other material factors as the age and becomes coagulated. The coagulated that the total weight of the solids con­ method of storing and handling of most mass may be warmed; it may be stirred; tained therein is not more than 0.5 per­ of such samples; the experiments were it is then drained. The curd may be cent of the weight of the finished neuf­ not scientifically controlled, and were pressed, chilled, worked, seasoned with chatel cheese. preliminary in character. salt; it may be heated, with or without (3) For the purposes of this section Finding 67. One manufacturer has oc­ added cream or milk or skim milk or any milk means sweet milk of cows and skim casionally added vitamin D to cream mixture of two or all of these, until it milk means milk from which the milk cheese (R. pp. 1051-1952,1087-1090), but becomes fluid and it may then be homo­ fat has been separated. the record fails to establish that cream genized or otherwise mixed. (c) When an optional ingredient listed cheese is a suitable carrier for vitamin in paragraph (b) (2) of this section is D or that there is a need for the addition (2) In the preparation of cream cheese one or any mixture of two or more of present in neufchatel cheese, the label of this ingredient to cream cheese. shall bear the statement “ ______On the basis of the foregoing findings the optional ingredients gum karaya, gum tragacanth, carob bean gum, gela­ Added” or “W ith Added-______”, the of fact, it is found and concluded that; blank being filled in with the word or (1) It would not promote honesty and tin, or algin may be used; but the quan­ tity of any such ingredient or mixture is words “Vegetable Gum” or “Gelatin” or fair dealing in the interest of consumers “Algin” or any combination of two or to establish a definition and standard such that the total weight of the solids all of these, as the case may be. Wherever of identity for low-fat, high-moisture contained therein is not more than 0.5 the name “Neufchatel Cheese” appears soft uncured cheese made by the hot- percent of the weight of the finished on the label so conspicuously as to be pack process, under the name “cream cream cheese. easily seen under customary conditions cheese” or a name which includes the (3) For the purposes of this section of purchase, the statement herein-speci­ words “cream cheese”. milk means sweet milk of cows and sk im fied showing the optional ingredients (2) It will promote honesty and fair milk means milk from which the milk fat present shall immediately and con­ dealing in the interest of consumers to has been separated. spicuously precede or follow such name, establish a definition and standard of (c) When an optional ingredient listed without intervening written, printed, or identity for such low-fat, high-moisture in paragraph (b) (2) is present in cream graphic matter. cheese under the name “neufchatel cheese, the label shall bear the statement cheese”. “______Added” or “W ith Added § 19.525 Cottage cheese— identity, (a) (3) The evidence does not provide an ______”, the blank being filled in Cottage cheese is the soft uncured cheese adequate basis for determination that it with the word or words “Vegetable Gum” prepared by the procedure set forth in would promote honesty and fair dealing or “Gelatin” or “Algin” or any combina­ paragraph (b) of this section. The in the interest of consumers to establish tion of two or *«11 of these, as the case finished cottage cheese contains not more a definition and standard of identity un­ may be. Wherever the name “Cream than 80 percent of moisture, as deter­ der the name “farmer cheese” for the Cheese” appears on the label so conspicu­ mined by the method prescribed under soft uncured cheese sometimes sold under ously as to be easily seen under customary “Moisture— Official” on page 301 of “Of­ that name. conditions of purchase, the statement ficial and Tentative Methods of Analysis (4) It will not promote honest and fair herein specified showing the optional in­ of the Association of Official Agricul­ dealing in the interest of consumers to gredients present shall immediately and tural Chemists”, Fifth Edition, 1940. include gelatin as an ingredient in cot­ conspicuously precede or follow such (b ) (1) Sweet skim milk is pasteurized; tage cheese and in creamed cottage name, without intervening written, calcium chloride may be added in a quan­ cheese. printed, or graphic matter. tity not more than 0.02 percent (calcu- FEDERAL REGISTER, Tuesday, July 21, 1942 5581

lated as anhydrous calcium chloride) of This matter coming on this day for purchase camelback, the number of the weight of such skim milk; harmless consideration by the Commission, and it molds or curing tables owned, controlled lactic-acid-producing bacteria, with or appearing that in Paragraph Four of the or operated by said Durham Tire Ex­ without rennet, are added and it is held findings as to the facts entered herein on change which were capable of retreading until it becomes coagulated. The coagu­ November 18, 1941, Calcium Carbide is a tire 7.50-20 or larger. Because of the lated mass may be cut; it may be listed as an ingredient of respondent’s violation committed by respondents as warmed; it may be stirred; it is then preparation, “Anti-Fat Tablets”, and it aforesaid, camelback has been diverted drained. The curd may be washed with further appearing that the ingredient is from primary defense needs to non- water and further drained; it may be in fact, as the record shows and the Com­ essential uses. pressed, chilled, worked, seasoned with mission found, Calcium Carbonate and It is the judgment of the Deputy Ad­ salt. not Calcium Carbide, and the listing of ministrator that such violation by re­ (2) For the purposes of this section the ingredient as the latter substance spondents contributed to the shortage in skim milk means the milk of cows from was inadvertent error, and the Commis­ the supply of this essential material for which the milk fat has been separated. sion having duly considered the matter defense, for private account, or for ex­ § 19.530 Creamed cottage cheese— and being now fully advised in the port, and that a continuance of the sit­ premises; identity, (a ) Creamed cottage cheese uation resulting from such violation or It is ordered, That Paragraph Four of is the soft uncured cheese prepared by a repetition of such violation will result mixing cottage cheese with pasteurized the findings as to the facts entered herein in an increased shortage in the supply cream or a pasteurized mixture of cream on November 18, 1941, be, and the same of this critical material. Therefore, in with milk or skim milk or both. Such hereby is, corrected and amended nunc order properly to allocate such materials cream or mixture is used in such quantity pro tunc by striking the word “Carbide” in a manner necessary and appropriate that the milk fat added thereby is not immediately following the word “Cal­ in the public interest, and to promote na­ less than 4 percent by weight of the fin­ cium”, and- by inserting in lieu thereof tional defense, it is hereby ordered: ished creamed cottage cheese. The fin­ the word “Carbonate”, so that the entire (a) Within ten (10) days after the ished creamed cottage cheese contains line as corrected and amended reads effective date of this Suspension Order not more than 80 percent of moisture as “Calcium Carbonate Va gr.” No. 2 respondents, their successors or determined by the method prescribed un­ By the Commission. assigns, shall transfer twenty-two hun­ der “Moisture— Official” on page 301 of [ s e a l ] O t i s B. J o h n s o n , dred (2,200) pounds of camelback to the “Official and Tentative Methods of Secretary. Gate City Motor Company, Greensboro, Analysis of the Association of Official North Carolina, or to the United States [P . R . Doc. 42-6877; P iled , J u ly 20, 1942; Rubber Company. Such transfer shall Agricultural Chemists”, Fifth Edition, 11:01 a. m .] 1940. be made in the manner authorized by For the purposes of this section milk .§ 1315.803 (d) (1) of the Revised Tire means sweet milk of cows and skim milk Rationing Regulations, and shall be for a consideration not to exceed the amount means milk from which the milk fat has OFFICE OF PRICE ADMINISTRATION. been separated. paid by respondents for the twenty-two hundred (2,200) pounds of camelback Any interested person whose appear­ D u r h a m T i r e E x c h a n g e ance was filed at the hearing may, within delivered to respondents in March, 1942 20 days from the date of publication of s u s p e n s i o n o r d e r on the authorization of the certificate issued to respondents pursuant to the this proposed order in the F e d e r a l R e g ­ Suspension Order No. 2 under Revised application therefor falsely made as is t e r , file with the Hearing Clerk of the Tire Rationing Regulations1 restricting aforesaid, and not to exceed the maxi­ Federal Security Agency, Office of the transactions by B. D. Farthing, Eugene mum prices for said camelback as set Assistant General Counsel, Room 2240, Neuwirth, and the Durham Tire Ex­ South Building, 14th Street and Inde­ change. forth in Maximum Price Regulation No. pendence Avenue SW., Washington, D. C. B. D. Farthing and Eugene Neuwirth, 131, issued by the Office of Price Ad­ ministration April 28, 1942, whichever is written exceptions thereto. Exceptions individually, and as copartners doing the lower. The camelback to be delivered shall point out with particularity the al­ business as Durham Tire Exchange, 126 by respondents, their successors or as­ leged errors in the proposed order, and Morgan Street, Durham, North Carolina, signs, pursuant to this Suspension Order shall contain specific references to the hereinafter called respondents, are en­ No. 2 shall be as nearly as possible of pages of the transcript of the testimony gaged in,recapping and retreading tires the same sizes, types, gauges and quali­ or to the exhibits on which each excep­ and are subject to the provisions of the ties and in the same amounts of each tion is based. Such exceptions may be Revised Tire Rationing Regulations, thereof as were delivered to respondents accompanied with a memorandum or dated February 19, 1942, issued by the brief in support thereof. Office of Price Administration. A notice in March, 1942 by the Gate City Motor Company as aforesaid. If respondents, of hearing was duly served on respond­ [ s e a l ] W a t s o n B. M i l l e r , their successors or assigns, at the time Acting Federal Security Administrator. ents, stating specifically that respondents were charged with having made false and this order becomes effective do not have under their control and cannot transfer Ju l y 17, 1942. unlawful representations to the Office of Price Administration in an application twenty-two hundred (2,200) pounds of [P. R. Doc. 42-6855; F iled, J u ly 18, 1942; for authorization to purchase camelback. camelback as ordered herein they shall 10:31 a. m.] nevertheless transfer camelback as or­ Pursuant to said notice a hearing upon this charge was held on May 11, 1942, in dered herein in such amounts as they Durham, North Carolina, at which time are able. Respondents, their successors or assigns, shall exhibit to Philip W elt- FEDERAL TRADE COMMISSION. and place there appeared a representa­ tive of the Atlanta Regional Office of the ner, Regional Attorney, Office of Price Administration, Candler Building, Peach­ [Docket No. 4327] Office of Price Administration and re­ spondents. Both parties presented their tree Street, Atlanta, Georgia, within said C l a r a S t a n t o n , D r u g g i s t t o W o m e n evidence pertaining to such charge be­ ten (10) days after the effective date of this Suspension Order No. 2, satisfac­ ORDER CORRECTING COMMISSION’S FINDINGS fore a duly authorized presiding officer. tory evidence of such transfer of camel­ AS TO THE FACTS Such evidence having been duly consid­ ered by the Deputy Administrator, back, and in addition shall surrender to At a regular session of the Federal It is hereby determined: said Philip Weltner, Regional Attorney, Trade Commission, held at its office in That respondents on February 24,1942, such replenishment portions of certifi­ the City of Washington, D. C., on the wilfully violated the said Revised Tire cates and receipts as would, but for this 17th day of July, A. D. 1942. Rationing Regulations by falsely stating order, authorize them to purchase under In the matter of Clara Stanton, an in­ in said application for authorization to the provisions of § 1315.803 (c) of the dividual, trading as Clara Stanton, Drug­ Revised Tire Rationing Regulations gist to Women. * 7 F .R . 1027. camelback in the amount equal to the 5582 FEDERAL REGISTER, Tuesday, July 21, 1942 difference between the amount of camel- [Docket Nos. 3122-13, 3122-28] (ii) 41 cents per ton in the case of back transferred pursuant to this order Class B % " coals (Size Group 9) pro­ W y a t t , I ncorporated a n d T. A. D. J o n e s and twenty-two hundred (2,200) pounds. a n d C o m p a n y , I n c . duced in District No. 7 by Red Jacket It is the intention of this paragraph (a) Coal Corporation, Mine Index No. 208; and it is to be interpreted to accomplish ORDER GRANTING ADJUSTMENTS and Marianna Smokeless Coal Corpora­ the result that respondents, their suc­ Order No. 5 under Maximum Price tion, ^4ine Index Nos. 223 and 266; cessors or assigns, will, by compliance Regulation No. 1221—Solid Fuels Deliv­ (iii) 36 cents per ton in the case of herewith, be placed in the same posi­ ered from Facilities Other Than Produc­ Class B 1*4" coals (Size Group 8) pro­ tion with respect to the quantity of cam- ing Facilities— Dealers. duced in District No. 7 by the McAlpin elback at their disposal as they would Petitions for amendment of Maximum Coal Company, Mine Index No. 112; and have been in if they had not made false Price Regulation No. 122 were filed by M arianna Smokeless Coal Corporation, representations in the application of Wyatt, Incorporated, 157 Church Street, Mine Index Nos. 223 and 266; February 24, 1942, as aforesaid, and re­ New Haven, Connecticut on M ay 30,1942 Provided, That in the event of de­ ceived camelback pursuant thereto. and by T. A. D. Jones and Company, Inc., creases in the mine prices charged to (b ) During the period in which this 205 Church Street, New Haven, Connec­ Wyatt, Incorporated for these kinds, Suspension Order No. 2 shall be in ef­ ticut on June 15,1942. The petitions are sizes and qualities of bituminous coal, fect, respondents, their successors and being treated as petitions for adjustment from those charged to it on the date of assigns, shall accept no deliveries or pursuant to the provisions of § 1340.257a filing its petition, M ay 30, 1942, then the transfers of, nor in any manner receive of Maximum Price Regulation No. 1221 maximum prices as above adjusted shall from any source, any camelback, or which incorporates by reference the pro­ be reduced accordingly for application to other retreading or recapping material. visions of § 1499.18 (c) of the General sales to industrial consumers of the coal (c) During the period in which this Maximum Price Regulation.2 Due con­ purchased by it at such decreased prices. Suspension Order No. 2 shall be in ef­ sideration has been given to the peti­ (2) Maximum prices for the sale of the fect, respondents, their successors and as­ tions, and an opinion in support of this following kinds, sizes and qualities of bi­ signs, shall accept no purchase orders, Order No. 5 has been issued simultane­ tuminous coal by T. A. D. Jones and nor enter into any contracts or commit­ ously herewith and has been filed with Company, Inc. from’ its New Haven and ments, for the recapping or retreading the Division of the Federal Register. Bridgeport docks to industrial consumers of tires, nor in any manner sell, transfer, For the reasons set forth in the Opinion, shall be the maximum prices determined or deliver any recapped or retreaded tirés, under authority vested in the Price Ad­ in accordance with §1340.261 of Maxi­ nor recap or retread any tires, nor in ministrator by the Emergency Price Con­ mum Price Regulation No. 122, plus not any way use or consume any camelback trol Act of 1942, and in accordance with more than the following amounts per net or other retreading or recapping mate­ Procedural Regulation No. 1,® it is hereby ton: • rial except that in any instance where ordered: From New Haven Dock: a contract for the retreading or recap­ (a) (1) Wyatt, Incorporated may sell (i) 46 cents per ton in the case of ping of tires has been entered into by and deliver, and agree, offer, solicit, and Class C % " coals (Size Group 9) pro­ respondents, and such tires have been attempt to sell and deliver, to industrial duced in District No. 7 by Algoma Coal prepared in any degree for retreading or consumers, the kinds, sizes and qualities and Coke Company, Mine Index No. 2; recapping, or have been retreaded or of bituminous coal specified in paragraph American Coal Company, Mine Index recapped, prior to the effective date of (b ) (1) below, at prices not in excess of No. 46; Mill Creek Coal and Coke Com­ this Suspension Order No. 2, the trans­ those stated therein. Industrial con­ pany, Mine Index No. 65; Premier Poca­ action may be completed and the re­ sumers may buy and receive, agree, offer, hontas Colleries Company, Mine Index treaded or recapped tires delivered in solicit, and attempt to buy and receive, No. 151; Johnstown Coal and Coke Com­ accordance with the Revised Tire Ra­ such kinds, sizes and qualities of bitu­ pany, Mine Index Nos. 47 and 48; tioning Regulations. minous coal at such prices from Wyatt, (ii) 29 cents per ton in the case of Class C 1 % " coals (Size Group 8) pro­ (d) During the period in which this Incorporated. duced in District No. 7 by Johnstown Coal Suspension Order No. 2 shall be in effect, (2) T. A. D. Jones and Company, Inc. and Coke Company, Mine Index Nos. 47 no person, firm, or corporation shall sell, may sell and deliver, and agree, offer, and 48, ^nd Premier Pocahontas Collieries transfer, or in any manner deliver any solicit, and attempt to sell and deliver, Company, Mine Index No. 151; and Class camelback, or other retreading or re­ to industrial consumers, the kinds, sizes D 1 & " coals (Size Group 8) produced in capping material, to respondents, their and qualities of bituminous coal specified District No. 8 by Page Pocahontas Coal successors or assigns, regardless of in paragraph (b) (2) below, at prices not Corporation, Mine Index No. 362; whether such camelback has been pre­ in excess of those stated therein. (iii) 12 cents per ton in the case of viously purchased and completely paid Industrial consumers may buy and re­ Class E high volatile 2 " x 1 " coals (Size for. receive, agree, offer, solicit, and attempt Group 9) produced in District No. 8 by (e) This Suspension Order No. 2 shall to buy and receive, such kinds, sizes, and Tierney Mining Company, Mine Index take effect July 20, 1942, and, unless qualities of bituminous coal at such prices No. 461, and Eastern Coal Corporation, sooner terminated, shall expire at 12:01 from T. A. D. Jones and Company, Inc. Mine Index Nos. 183, 325, 449; A. M. September 19, 1942. (Sec. 2 (a) (b) (1) Maximum prices for the sale From Bridgeport Dock: Public Law No. 671, 76th Cong., 3d Sess., of the following kinds, sizes and qualities (iv) 31 cents per ton in the case of as amended, Public Law No. 89, 77th of bituminous coal by Wyatt, Incorpo­ Class C 1*4" coals (Size Group 8) pro­ Cong., 1st Sess., Public Law No. 507, 77th rated from its New Haven dock to indus­ duced in District No. 7 by Premier Poca­ Cong., 2d Sess.; Sec. 201 (b ), Public Law trial consumers shall be the maximum hontas Collieries Company, Miñe Index No. 421, 77th Cong., 2d Sess.; O.P.M. prices determined in accordance with No. 151; Supp. Ord. M-15-c, Dec. 27, 1941, 6 F.R. § 1340.261 of Maximum Price Regulation (v ) 26 cents per ton in the case of 6792; W.P.B. Dir. No. 1, Jan. 24, 1942, lio. 122, plus not more than the following Class E high volatile 2 " modified coals 7 F.R. 562; W.P.B. Supp. Dir. No. IB, Feb. amounts per net ton: (i) 31 cents per ton in the case of (Size Group 18) produced in District No. 9,1942, 7 F.R. 925; O.P.A. Rev. Tire Rat. 8 by Truax-Traer Coal Company, Mine Reg., Feb. 19,1942, 7 F.R. 1027; E.O. 9125, Class C % " coals (Size Group 9) pro­ Index Nos. 1, 318, 386, 416, 468; April 7, 1942, F.R. Doc. 42-3138, filed duced in District No. 7 by Raleigh Wyo­ ming Mining Company, Mine Index No. (vi) 12 cents per ton in the case of April 8, 1942) 73; Algona Coal and Coke Company, Class E high volatile 2 " x 1 " coals (Size Issued this 15th day of July 1942 Mine Index No. 2; and American Coal Group 9) produced in District No. 8 by Company, Mine Index No. 46; Tierney Mining Company, Mine Index P a u l M . O ’L e a r y , No. 461, and Eastern Coal Corporation, Deputy Administrator. 1 7 F.R. 3239, 3666, 3856, 3940, 3941. Mine Index Nos. 183, 325, 449; a 7 F.R. 3153, 3330, 3666, 3990, 3991, 4339, [P. R. Doc., 42-6853; Piled, July 17, 1942; 4487, 4659, 4738, 5027. Provided, That in the event of de­ 4:54 p. m.] »7 F.R. 971, 3663. creases in the mine prices charged to FEDERAL REGISTER, Tuesday, July 21, 1942 5583

T. A. D. Jones and Company, Inc., for office in the City of Philadelphia, Pa., of Associated Gas and Electric Corpora­ these kinds, sizes, and qualities of bi­ on the 15th day of July, A. D. 1942. tion, and that the charges for such serv­ tuminous coal, from those charged to it on In the Matter of Atlantic Utility Serv­ ices will be cost to Gilbert Associates, Inc., the date of filing its petition, June 16, ice Corporation, File No. 37-28; Denis J. plus 10%, but in no event to be less than 1942, then the maximum prices as above Driscoll and Willard L. Thorp, Trustees a stated minimum charge; and adjusted shall be reduced accordingly for of Associated Gas and Electric Corpora­ It further appearing that various sub­ application to sales to industrial con­ tion, and Gilbert Associates, Inc., File sidiaries and/or affiliates of Denis J. Dris­ sumers of the coal purchased by it at No. 60-19. coll and Willard L. Thorp, Trustees of such decreased prices. Atlantic Utility Service Corporation Associated Gas and Electric Corporation, (c) This order No. 5 may be revoked having filed with the Commission an ap­ have entered into, or are about to enter or amended by the Price Administrator plication for approval as a mutual serv­ into, service contracts with Gilbert Asso­ at any time. ice company, pursuant to the Public ciates, Inc.; and (d) Unless the context otherwise re­ Utility Holding Company Act of 1935, and It appearing to the Commission that quires, the definitions set forth in § 1340.- particularly section 13 thereof; hearings proceedings should be instituted pursuant 258 of Maximum Price Regulation No. having been held on said application, to the provisions of sections 2 (a ) (8) 122 shall apply to terms used herein. the last of said hearings having been (B), 2 (a) (11) (D), 12 (f), 13 (b), (e) All prayers of the petitions not held on May 11, 1942, and said hear­ 13 (e ), 13 (f ), and 18 of the Public Utility granted herein are denied. ing having been continued to July 21, Holding Company Act of 1935 for the (f ) This' Order No. 5 shall become ef­ 1942; and purpose of determining whether the or­ fective July 21, 1942. The Commission, by order dated June ganization, transactions, operations and Issued this 20th day of July 1942. 24, 1942, having consolidated the appli­ activities of Gilbert Associates, Inc., and L e o n H e n d e r s o n , cation filed by Atlantic Utility Service the relationship of Atlantic Utility Serv­ Administrator. Corporation for hearing with applica­ ice Corporation, and Denis J. Driscoll and tions and declarations filed by Denis J. Willard L. Thorp, Trustees of Associated [P . R. Doc. 42-6895; F iled, J u ly 20, 1942; Gas and Electric Corporation thereto 11:44 a. m.] Driscoll and Willard L. Thorp, Trustees of Associated Gas and Electric Corpora­ conform to the standards of the applica­ tion, NY PA NJ Utilities Company, and ble provisions of the Act; and Associated Utilities Corporation (File It further appearing to the Commis­ SECURITIES AND EXCHANGE COM­ Nos. 70-529 and 70-530), and the record sion that matters concerning the MISSION. in the latter two matters having been application of Atlantic Utility Service closed; and Corporation, and the transactions in­ [File No. 70-538] It having come to the attention of the volving the organization, operations, and K e n t u c k y -T e n n e s s e e L i g h t a n d P o w e r Commission that as a result of plans of activities of Gilbert Associates, Inc., and C o m p a n y Denis J. Driscoll and Willard L. Thorp, the relationship of Denis J. Driscoll and as Trustees of Associated Gas and Elec­ Willard L. Thorp, Trustees of Associated ORDER CONSENTING TO WITHDRAWAL OF tric Corporation, and officials of Atlantic Gas and Electric Corporation thereto DECLARATION Utility Service Corporation, a new service are related and involve common ques­ At a regular session of the Securities company by the name of Gilbert Asso­ tions of law and fact and questions as to and Exchange Commission held at its ciates, Inc., has been formed by the offi­ the relationship of each company to the office in the City of Philadelphia, Pa., cials of said Atlantic Utility Service Cor­ other, and that evidence adduced with on the 15th day of July, A. D. 1942. poration; and respect to said issues in each of the mat­ Kentucky-Tennessee Light and Power It further having been brought to the ters may have a bearing on the other, Company having filed with the Commis­ attention of the Commission that the and that substantial savings in time, ef­ sion a declaration with respect to the sale capitalization of Gilbert Associates, Inc., fort and expense and substantial prog­ of all of its physical properties and other consists of common stock, a portion of ress toward the speedy and effective car­ assets located in the City of Frankfort, which has been, or is to be, subscribed rying out of the purposes of the Act Kentucky, and immediate vicinity, in ac­ for by department heads of Atlantic and of the applicable provisions thereof cordance with the terms and provisions Utility Service Corporation, and the bal­ will result if the hearings in said matters of an agreement dated April 13, 1942, by ance of which is reserved for sale to other are consolidated, so that they will be and between the company and John K irt- employees of said Atlantic Utility Service heard as one matter, and that evidence ley and Louis Cox, residents of the Com­ Corporation; and adduced in each matter may stand as monwealth of Kentucky; and It further appearing that substantial evidence in the other for all purposes; Said agreement of April 13, 1942, hav­ cash advances will be made to Gilbert It is ordered, That proceedings “In the ing expired by its terms on July 1, 1942, Associates, Inc., by subsidiaries and affil­ Matter of Denis J. Driscoll and Willard and said declarants having filed a re­ iates of Denis J. Driscoll and Willard L. L. Thorp, Trustees of Associated Gas and quest for withdrawal of the said declara­ Thorp, Trustees of Associated Gas and Electric Corporation and Gilbert Asso­ tion; Electric Corporation, for the purpose of ciates, Inc.” be and hereby are instituted. The Commission having considered supplying working capital to said Gilbert It is further ordered, That the said said request and deeming it appropriate Associates, Inc.; and application filed by Atlantic Utility Serv­ that the same should be granted; It further appearing that Gilbert As­ ice Corporation be and hereby is consoli­ It is ordered, That said declaration be sociates, Inc., has represented that it is dated for hearing with this cause, “In and is hereby permitted to be with­ prepared to serve, advise, and consult the Matter of Denis J. Driscoll and Will­ drawn. with the subsidiaries and affiliates of ard L. Thorp, Trustees of Associated Gas By the Commission. Denis J. Driscoll and Willard L. Thorp, and Electric Corporation, and Gilbert Trustees of Associated Gas and Electric [ s e a l ] O r v a l L . D u B o i s , Associates, Inc.” Secretary. Corporation, in the following category of It is further ordered, That the hearing services: heretofore scheduled, “In the Matter of [P . R. Doc. 42-6841; F iled, Ju ly 17, 1942; 1. General engineering, Atlantic Utility Service Corporation,” for 4:20 p. m.] 2. General purchasing, July 21,1942, be and hereby is postponed 3. Rate and research consultation, to July 30, 1942, and said consolidated 4. Labor relations counselling, hearing be held on July 30,1942, at 10: 00 [File Nos. 37-28, 60-19] 5. Safety direction and engineering, a. m. at the offices of the Securities and A t l a n t i c U t i l i t y S e r v i c e C o r p o r a t i o n , 6. Chemical engineering, and Exchange Commission, 18th and Locust ET AL. 7. Other services, such as in connec­ Streets, Philadelphia, Pennsylvania. (O n tion with cost accounting, blue printing, such day the hearing room clerk in room NOTICE OF AND ORDER FOR HEARING, ORDER duplicating, etc.; and 318 will advise as to the room where such OF CONSOLIDATION, AND ORDER FOR POST­ It further appearing that such services hearing will be held.) PONING HEARING are to be rendered at the request of the It is further ordered, That at said con- At a regular session of the Securities subsidiaries and affiliates of Denis J. solidated hearing consideration be given and Exchange Commission held at its Driscoll and Willard L. Thorp, Trustees to the following matters: No. 142------7 5584 FEDERAL REGISTER, Tuesday, July 21, 1942

(1) Whether, by virtue of its relation­ gust 1,1942 at 1:00 p. m. E. W . T., request In the Matter of Community Power ship to Atlantic Utility Service Corpora­ the Commission in writing that a hear­ and Light Company, the Kansas Utilities tion, the manner of its organization, the ing be held on such matter stating the Company, et al., Pile No. 70-282; The fource of its working capital, the charac­ reasons for such request and the nature United Light and Power Company, Con­ ter of its proposed service contracts, and of his interest, or may request that he tinental Gas & Electric Corporation, and the mode of its operations, Gilbert As­ be notified if the Commission should or­ Eastern Kansas Utilities, Inc., et al Rie sociates, Inc., is a subsidiary or affiliated der a hearing thereon. At any time Nos. 59-11, 59-17 and 54-25. service company of the holding company thereafter such declaration or applica­ Continental Gas & Electric Corpora­ system of Denis J. Driscoll and W illard L. tion, as filed or as amended, may become tion, a registered holding company and Thorp, Trustees of Associated Gas and effective or may be granted, as provided a subsidiary of The United Light and Electric Corporation; in Rule U-23 of the Rules and Regula­ Power Company, and Eastern Kansas (2) W hat requirements, if any, this tions promulgated pursuant to said Act, Utilities, Inc. (a newly organized com­ Commission should impose to insure the or the Commission may exempt such pany), having jointly filed with the Com­ maintenance of competitive conditions transactions as provided in Rules U-20 mission applications and declarations in the negotiation and entering into of (a) and U-100 thereof. Any such re­ designated as “Application No. 9” pur­ any contracts between Gilbert Associates, quest should be addressed: suant to sections 6, 7, 9, 10, 11 arid 12 of Inc., and Denis J. Driscoll and W illard Secretary, Securities and Exchange the Public Utility Holding Company Act L. Thorp, Trustees of Associated Gas and Commission, Philadelphia, Pennsylvania. of 1935 and the applicable rules there­ Electric Corporation, or any of their sub­ All interested persons are referred to under with respect to the transactions sidiaries or affiliates; said declaration or application which is necessary to enable Eastern Kansas Util­ (3) Whether it is necessary or appro­ on file in the office of said Commission, ities, Inc., to acquire the public utility priate in the public interest or for the for a statement of the transactions there­ and other assets of The Kansas Utilities protection of investors or consumers, or in proposed, which are summarized be­ Company and also to enable Continental to prevent the circumvention of the pro­ low: Gas & Electric Corporation to acquire the visions of the Public Utility Holding The Trustee of Midland United Com­ common stock of Eastern Kansas Util­ Company Act, and especially sections 12 pany, a company in reorganization in ities, Inc.; and Community Power and and 13 thereof, and of any rules or regu­ the United States District Court of Dela­ Light Company, a registered holding lations promulgated thereunder to im­ ware, proposes to acquire from Traction company, and its subsidiary, The Kansas pose any conditions in regard to the or­ Light & Power Company all of its assets Utilities Company, having jointly filed ganization, capitalization, contracts, and which consist of 17,906.19 shares of the applications and declarations pursuant operations of Gilbert Associates, Inc.; common stock of Public Service Company to the provisions of section 12 of theAct (4) Generally, whether the manner of of Indiana, Inc., and cash which as at and the applicable rules thereunder to »the organization, the source of the work­ March 31, 1942 approximated $64,000 in enable The Kansas Utilities Company to ing capital, the character of the proposed exchange for all of the outstanding cap­ sell its utility and other assets and to service contracts, and the mode of opera­ ital stock consisting of 500 shares of apply the proceeds of such sale to the tions of Gilbert Associates, Inc., are con­ common stock, par value $100 a share, redemption of securities outstanding, and sistent with the applicable standards of and $288,550 in principal amount of payment of its debt; and the above de­ the Act, and especially sections 12 (f), promissory notes. Upon the acquisition scribed applications and declarations 13 (b) and 13 (e ), or of section 13 (f) by Traction Light & Power Company of having been consolidated for the purpose thereof, and the Rules promulgated said capital stock and promissory notes, of a hearing; and thereunder. Traction Light & Power Company is to be A public hearing having been held It is further ordered, That Charles S. dissolved. after appropriate notice and the Com­ Lobingier or any other officer or officers In an entirely unrelated series of trans­ mission having considered the record in of the Commission designated by it for actions which have, however, been em­ this matter and having made and filed that purpose shall preside at any such braced in the instant filing, the Trustee its Findings and Opinion herein; and hearing is hereby authorized to exercise of Midland United Company proposes to The Commission deeming it appropri­ uH -powers granted to the Commission sell 1,012.61 shares of the common stock ate in the public interest and in the in­ under Section 18 (c) of said Act and to a of Shirley Realty Company and $1,850 terest of investors and consumers to trial examiner under the Commission’s in principal amount of outstanding notes grant said applications and to permit Rules of Practice. of Shirley Realty Company to Indiana said declarations to become effective By the Commission. Industrial Land Company for a total pursuant to the applicable sections of the [ s e a l ] O r v a l L. DuBoxs, cash consideration of $23,677.71. Upon Act and rules thereunder; and Secretary. the acquisition of the above described The Commission having found with securities Indiana Industrial Land Com­ respect to said applications and declara­ [F . R . D oc. 42-6842; F iled, J u ly 17, 1942; tions under sections 9 and 10 of said 4:20 p. m.] pany will own the entire capitalization of Shirley Realty Company. Indiana In­ Act that no adverse findings are neces­ dustrial Land Company proposes to sary under section 10 (b) and section 10 thereupon acquire the assets of Shirley (c) (1) of said Act and that the trans­ [File No. 70-5721 Realty Company consisting of real estate actions have the tendency required by section 10 (c) (2) of the Act and with M i d l a n d U n i t e d C o m p a n y , T r u s t e e s , and mineral rights and effect the disso­ ET AL. lution of Shirley Realty Company. respect to sections 12 (c) and 12 (d) By the Commission. and Rules U-42 and U-44 that the ap­ NOTICE OP FILING plicable requirements thereof are met; [ s e a l ] O r v a l L . D u B o i s , It is hereby ordered, Pursuant to the At a regular session of the Securities Secretary. and Exchange Commission held at its applicable provisions of said Act and office in the City of Philadelphia, Pa. [F . R . Doc. 42-68^3; F iled , J u ly 17, 1942; the applicable rules thereunder, subject on the 16th day of July, A. D„ 1942. 4:20 p. m.j to the terms and conditions prescribed In the Matter of Midland United Com­ in Rule U-24, that the applications and pany, trustees Traction Light & Power declarations with respect to the trans­ actions therein described be and are Company, Shirley Realty Company and [File Nos. 70-282; 50-11; 59-17, 54-25] Indiana Industrial Land Company. hereby granted and permitted to become Notice is hereby given that a declara­ C o m m u n i t y P o w e r a n d L i g h t C o m p a n y , effective respectively; tion or application (or both) has been ET AL. It is further ordered, That Eastern Kansas Utilities, Inc. ¿hall dispose of filed with this Commission pursuant to ORDER GRANTING APPLICATIONS the Public Utility Holding Company Act all its interest in its ice and cold storage of 1935 by the above named parties; and A t a regular session of the Securities business within one year from the date Notice is further given that any in­ and Exchange Commission, held at its hereof; and terested person may, not later than A u­ office ip the City of Philadelphia, Pa., on It is further ordered, That Eastern the 16th day of July, 1942. Kansas Utilities, Inc. be and is hereby FEDERAL REGISTER, Tuesday, July 21, 1942 5585

made a party to these proceedings to the scheduled date and on August 20, 1940, this case, fair, and equitable, and whether extent necessary to enable it to join in after appropriate notice to interested or not 69,500 shares of common stock said Application Number 9 and for the parties; certain documents, including of Northern Indiana Public Service Com­ purpose of obtaining authority to con­ the application-declaration with three pany, the proposed consideration to the summate the transactions in which it amendments thereto, having been placed estate of Midland United for all the as­ has an interest. in the record, no witnesses appearing or sets of Hobart Light & W ater Company, By the Commission. otherwise presenting testimony; further Is, under the circumstances of this case, [ s e a l ] O r v a l L . D u B o i s , amendments having now been filed to a fair and reasonable consideration; Secretary- such application-declaration which ma­ 2. Whether or not Northern Indiana terially change the nature of the trans­ Public Service Company, considering the [F. R. Doc. 42-6844; F iled, J u ly 17, 1942; actions as originally proposed so that provisions of section 11 (b) (1) of the 4:21 p. m.] it now appears to the Commission neces­ Act, should be allowed to acquire the sary and appropriate that a public hear­ water assets of Hobart Light & W ater ing be held cn the application-declara­ Company: [File No. 37-42] tion, as amended. 3. In the event that it is found that A p p l i a n c e C r e d i t C o r p o r a t i o n All interested persons are referred to Northern Indiana Public Service Com­ said application-declaration, as amended, pany may appropriately acquire the ORDER DISM ISSING DECLARATION which is on file in the office of this Com­ water properties of Hobart Light & At a regular session of the Securities mission for a statement of the trans­ Water Company, what entries on its and Exchange Commission held at its actions therein proposed which are sum­ books may properly be made by North­ office in the City of Philadelphia, Pa., on marized as follows: ern Indiana Public Service Company to the 15th day of July, A. D. 1942. The estate of Midland Utilities Com­ reflect the carrying value of such assets; Appliance Credit Corporation, a sub­ pany proposes to sell all of the assets of 4. W hat entries on its books may prop­ sidiary of New England Gas and Electric Hobart Light & Water Company, except erly be made by Northern Indiana Public Association, a registered holding com­ cash on hand, to Northern Indiana Pub­ Service Company to record the acquisi­ pany, having filed a declaration with lic Service Company. The proposed tion of the electric fixed property of respect to its organization and con­ consideration is $500,000, to be evidenced Hobart Light & Waiter Company, and the duct of business of a subsidiary service by 69,500 shares of common capital stock taking over of the retirement reserve ap­ company, pursuant to section 13 of the of Northern Indiana Public Service Com­ plicable thereto. Public Utility Holding Company Act of pany. The application-declaration indi­ 5. Whether terms and conditions are 1935 and Rules and Regulations promul­ cates that sections 6 ( b ) , 10, 12 (f), and necessary to be imposed to insure com­ gated thereunder; and Rule U-43 may be applicable to these pliance with the requirements of the The Commission by its order of April proposed transactions. Public Utility Holding Company Act of 25, 1942, having permitted declarations It appearing to the Commission that 1935, or any rules, regulations or orders to become effective and granted applica­ it is appropriate and in the public promulgated thereunder; tions with respect to the dissolution and interest and in the interest of investors 6. Generally, whether all actions pro­ liquidation of Appliance Credit Corpora­ and consumers that a hearing be held posed to be taken comply with the re­ tion and the acquisition of its assets sub­ with respect to said matters, and that quirements of such Act and rules, regu­ ject to its liabilities by Negea Service Cor­ said declaration as amended shall not lations, or orders promulgated there­ poration, a subsidiary of New England become effective or said application as under. Gas and Electric Association (Pile No. amended be granted except pursuant to Notice of such hearing is hereby given 70-514) ; and further order of this Commission, and to such declarant and applicants and to It appearing to the Commission that that at said hearing there be considered, any other person whose participation in in light of such dissolution and liquida­ among other things, the various matters such proceeding may be in the public tion that the said declaration of Appli­ hereinafter set forth. interest and for the protection of inves­ ance Credit Corporation with respect to It is ordered, That the record hereto­ tors or consumers. its organization and conduct of business fore closed in this proceeding be opened By the Commission. and that a hearing be held on said of a subsidiary service company should [ s e a l ] O r v a l L . D u B o i s , be dismissed; matters, as amended, on August 4, 1942, Secretary. It is ordered, That said declaration be at 10 a. mk at the offices of the Securities and is hereby dismissed. and Exchange Commission, 18th and [F . R . D oc. 42-6866; F iled, J u ly 20, 1942; By the Commission. Locust Streets, Philadelphia, Pennsyl­ 10:19 a. m.] vania. On such day the hearing room [ s e a l ] O r v a l L . D u B o i s clerk in room 318 will advise as to the Secretary room where such hearing will be held. [F .' R. Doc. 42-6845; F iled, J u ly 17, 1942; At such hearing cause shall be shown [File Nos. 59-17, 59-11, 54-25] 4:21 p. m.] why such application, as amended, should U n i t e d L i g h t a n d P o w e r C o m p a n y , e t a l . be granted and such declaration, as amended, become effective. ORDER GRANTING APPLICATIONS

[File No. 70-24] It is further ordered, That Charles At a regular session of the Securities Lobingier, or any other officer or officers and Exchange Commission, held at its H o b a r t L i g h t & W a t e r C o m p a n y , e t a l . of the Commission designated by it for office in the City of Philadelphia, Pa., on NOTICE OP PILIN G OF AM ENDMENT AND ORDER that purpose, shall preside at the hear­ the 17th day of July 1942. OPENING RECORD AND SETTING HEARING ings in such matter. The officer so In the Matter of The United Light and designated to preside at such hearing is Power Company, The United Light and At a regular session of the Securities hereby authorized to exercise all powers Railways Company, American Light & and Exchange Commission held at its granted to the Commission under section Traction Company, Continental Gas & office in the City of Philadelphia, Pa., on 18 (c) of the Public Utility Holding Com­ Electric Corporation, Iowa-Nebraska the 17th day of July, A. D. 1942. pany Act of 1935, and to a trial examiner Light and Power Company, Respondents, In the matter of Hobart Light & Water under the Commission’s Rules of Prac­ (Pile No. 59-17); The United Light and Company, Northern Indiana Public Serv­ tice. Power Company and its Subsidiary Com­ ice Company, and Clarence A. Souther­ It is further ordered, That without lim­ panies, Respondents, (File No. 59-11); land and Jay Samuel Hartt, Trustees of iting the scope of the issues presented and The United Light and Power Com­ the Estate of Midland Utilities Company. by said application and declaration, par­ pany, Applicant (Pile No. 54-25). "The Commission having on April 23, ticular attention will be directed at said The United Light and Power Company, 1940, issued its Notice of and Order for hearing to the following matters and The United Light and Railways Com­ Hearing in the above captioned matter questions: pany, a subsidiary of The United Light ftting a hearing thereon for May 9, 1. Whether the proposed price of and Power Company, and Continental 1940; hearings having been held on the $500,000 is, under all the circumstances of Gas & Electric Corporation, a subsidiary 5586 FEDERAL REGISTER, Tuesday, July 21, 1942 of The United Light and Railways Com­ 30, 1942 at 5:30 p. m., E. W . T., request Service Companies (claims approximat­ pany, ail registered holding companies, the Commission in writing that a hear­ ing $6,250,000) and claims arising out having filed joint applications and dec­ ing be held on such matter, stating the of security transactions pursuant to larations with the Commission, desig­ reasons for such request and the nature which assets were diverted to the Hop- nated as “Application No. 10”, pursuant of his interest, or may request that he son group (claims approximating $1 5 ,- to sections 11 and 12 (d ) of the Public be notified if the Commission should or­ 600,000). The distribution formula rec­ Utility Holding Company Act of 1933 der a hearing therein. At any time ommended by the Trustees contemplates and Rule U-44 thereunder, with respect thereafter such declarations or applica­ the distribution of securities to Asso­ to the transactions necessary to enable tions as filed or as amended may become ciated Gas and Electric Company, Asso­ Continental Gas & Electric Corporation effective or may be granted as provided ciated Gas and Electric Corporation, to sell all of its interest— consisting of in Rule U-23 and Rule U-100 (a) of the Utilities Employees Securities Company! capital stock, notes, and open-account rules and regulations promulgated pur­ Associated General Utilities Company, indebtedness— in three subsidiary utility suant to the Act. Any such request Inc., Lake Shore Gas Company, Pennsyl­ companies, Panhandle Power and Light should be addressed: Secretary, Securi­ vania Electric Company, General Gas & Company, Cimarron Utilities Company ties and Exchange Commission, 18th and Electric Corporation, N Y PA NJ Utilities and Guymon Gas Company, to Commu­ Locust Streets, Philadelphia, Pennsyl­ Company, Long Island Water Corpora­ nity Power and Light Company, a non- vania. tion, New Jersey Power & Light Company, afflliated registered holding company, All interested persons are referred to New York State Electric & Gas Corpora­ for a consideration of $7,250,000 cash, said declarations and applications which tion, and York Railways Company. It subject to certain adjustments; and are on file in the office of said Commis­ also includes the distribution of cash A public hearing having been held sion for a statement of the transactions dividends to Associated Gas ^nd Electric after appropriate notice and the Com­ therein proposed. These transactions Company, Employees Welfare Associa­ mission having considered the record in are summarized below: tion, Incorporated (Delaware), Asso­ this matter and having made and filed The Trustees of Associated Gas and ciated Real Properties, Inc., Dover Cas­ its Findings and Opinion herein; and Electric Corporation propose to distrib­ ualty Insurance Company, Atlantic The Commission deeming it appropri­ ute the assets received by them from Utilities Service Corporation and to ate in the public interest and in the Howard C. Hopson, Amy H. Starch, various subsidiaries of Denis J. Driscoll interest of investors and consumers to Norma H. Jones, Perle M. Hopson and and W illard L. Thorp, Trustees of Asso­ grant said applications and to permit the so-called Hopson Service and Invest­ ciated Gas and Electric Corporation. said declarations to become effective; and ment Companies (collectively hereinafter Provision is also made for the execu­ The Commission having found with re­ referred to as the “Hopson group”) , pur­ tion and delivery on the part of the Trus­ spect to said applications and declara­ suant to an agreement dated as of August tees of Associated Gas and Electric Cor­ tions that the applicable requirements 4, 1941 between the said Trustees, Stan­ poration to Denis J. Driscoll and Willard of sections 11 and 12 (d ) of the Act and ley Clarke, Trustee of Associated Gas L. Thorp and Stanley Clarke, as Trustees Rule U-44 thereunder have been met; and Electric Company, New England Gas over the Hopson fund, the formers’ non­ It is hereby ordered, pursuant to the and Electric Association, and the Hopson interest bearing note in the amount of applicable provisions of the Act and the group. The assets - were received by approximately $489,052.40. This note Rules, subject to the terms and condi­ the Trustees of Associated Gas and Elec­ shall be junior to administration ex­ tions prescribed in Rule U-24, that said tric Corporation and Associated Gas and penses of the Estate of Associated Gas applications and declarations be, and the Electric Company in settlement of the and Electric Corporation and to the same hereby are, granted and permitted claims against the Hopson group on the Trustees Certificate in the principal to become effective, respectively; part of the Company and the Corpora­ amount of $5,000,000. It is represented It is further ordered, That jurisdiction tion and all direct and indirect subsid­ that the execution and the delivery of be, and it hereby is, reserved with re­ iaries of Associated Gas and Electric the note is part of the over-all program spect to the use of said proceeds of sale Corporation and affiliated interests for the distribution of the Hopson assets, remaining after the expenditure of $1,- thereof. Since receiving such assets, to substitute the distribution of cash 500,000 by Continental Gas & Electric the Trustees have marshaled them and dividends to distributee companies where Company for the purchase of common prepared a formula for the distribution the distribution of securities may compli­ stock of Eastern Kansas Utilities, Inc., its of such assets. These assets as of June cate the structure of the subsidiaries. newly-formed subsidiary. 15, 1942 consist primarily of the fol­ . Applicants-declarants represent that By the Commission. lowing: sections 6 (a ), 7, 9 (a ), and 10 are ap­ plicable to the transactions. They also [ s e a l ! O r v a l L. DuBois,. Secretary. submit that the acquisitions by the dis­ Market value tributee companies are exempt pursuant June 3,1942, [F . R . D oc. 42-6867; P iled , J u ly 20, 1942; Principal or estimated to the terms of Subdivision (5) of Rule 10:23 a. m .] amSunt value where U-42 of the rules and regulations pro­ no market available mulgated under the Act, and further in the instances where such exemptive pro­

C a s h ...... $523,412.82 visions do not apply request that the [Pile No. 70-574] Commission, pursuant to Rule U-100 (a ), SECURITIES AND OTHER exempt distributee companies from the A s s o c i a t e d G a s a n d E l e c t r i c C o r p o r a ­ ASSETS t i o n provisions of Rule U-20 (c) and from the Ageco and Agecorp debt se­ provisions of sections 9 (a ) and 10 of curities...... $5,129,215 717,461.88 NOTICE REGARDING FILING Utilities Employees Securi­ the Public Utility Holding Company Act ties Co., income notes, due of 1935. At a regular session of the Securities 1981...... 864,470 475,458.50 and Exchange Commission held at its Associated General Utilities By the Commission. 535,020 125,729.70 [ s e a l ] O r v a l L. DuBois, office in the City of Philadelphia, Pa., on Other associated system se- the 16th day of July, A. D. 1942. 208,600 186,000.50 Secretary. In the Matter of Denis J. Driscoll and Nftnsvstem securities ...... 15.313.00 Notes receivable______25.335.00 [F.. R. Doc. 42-6868; Filed, July 20, 1942; Willard L. Thorp, Trustees, Associated 5,000.00 10:23 a. m.] G as and Electric Corporation. Total, cash, securities, and Notice is hereby given that declara­ 2,073,710.90 tions and applications have been filed [File No. 70-282] with this Commission pursuant to the C o m m u n i t y P o w e r a n d L i g h t C o m p a n y , Public Utility Holding Company Act of Claims against the Hopson group e t AL. 1935 by Denis J. Driscoll and Willard L. which are recommended for allowance Thorp, Trustees of Associated Gas and against the Hopson assets consist of ORDER APPROVING PLAN PERMITTING DECLA­ Electric Corporation, a registered hold­ claims of the distributee companies to RATIONS TO BECOME EFFECTIVE, AND ing company; and recover profits realized at the expense GRANTING APPLICATIONS Notice is further given that any inter­ of such companies fey the Hopson grqup At a regular session of the Securities ested persons may, not later than July through the operations of the so-called and Exchange Commission, held at its FEDERAL REGISTER, Tuesday, July 21, 1942 5587 office in the City of Philadelphia, Penn­ necessary nor appropriate in the public and related transactions which are, at sylvania, on the 8th day of July, A. D. interest or for the protection of inves­ present, owned by Texas-New Mexico 1942. tors or consumers, and (4) that all other Utilities Company and by Gulf Public m the Matter of Community Power and applicable requirements of said Act have Service Company, respectively; Light Company, General Public Utilities, been satisfied; (b) Gulf Public Service Company or of Inc., Southwestern Public Service Com­ It is hereby ordered, That said plan the physical properties owned or con­ pany et al. be, and the same is hereby, approved, trolled by it; Community Power and Light Com­ that said applications, as amended, be, (c) Flagstaff Electric Light Company; pany, General Public Utilities, Inc. and and the same are hereby granted, and (d) Arizona Electric Power Company; Southwestern Public Service Company, that said declarations, as amended, be, (e) Holbrook Light and Power Com­ each of which is a registered holding and the same are hereby, permitted to pany; company, and companies subsidiary become effective forthwith, subject, how­ (f) Southwestern Ice Company; thereto, having filed applications and ever, to the following conditions and (g) Royal Palm Ice Company; and declarations, and amendments thereto, reservations: (h) Arkansas Utilities Company. pursuant to section 11 (e) and other sec­ (1) Southwestern Public Service Com­ (5) That no charge shall be made to tions of the Public Utility Holding Com­ pany, upon the consummation of the the capital surplus account of South­ pany Act of 1935, and the Rules and Reg­ merger proposed to be made in pursuance western Public Service Company, after ulations of this Commission promulgated of the plan for which approval is sought said merger is consummated, pending thereunder, whereby said applicants re­ in this proceeding, and the acquisition the further order or orders, of this quest approval of a plan submitted pur­ by said company of the properties to be Commission; suant to said section 11 ( e ) , a report upon acquired by it which are presently owned (6) That jurisdiction be, and is hereby, such plan by this Commission pursuant by Panhandle Light and Power Company, reserved with respect to the issuance and to section 11 (g) of said Act and author­ Cimarron Utilities Company and Guy- sale of the securities proposed to be is­ ization for certain particular transac­ mon Gas Company, will immediately en­ sued and sold to the public by South­ tions, constituting component parts of ter upon a program of amortization of western Public Service Company, and said plan, and actions incidental thereto, the amount designated in said corpora­ with respect to the imposition of condi­ including, among other things, a merger tion’s pro forma balance sheet, (reflect­ tions relative to such securities and their of said three registered holding compa­ ing said acquisitions and certain other issuance and sale, until the terms and nies, and, in connection with such pro­ transactions ' filed in this proceeding, as provisions of such new securities and of posed merger the transmission of certain “Excess Cost of Net Assets Acquired oyer the sale thereof shall be submitted to solicitation material to the common Value Recorded in Accounts of Prede­ this Commission in definitive form, and a stockholders of Community Power and cessor”, said amount being $442,790.94. further order, or further orders entered Light Company and of General Public Such amortization shall be effected by in respect thereof: Utilities, Inc., intra-system sales and ac­ the writing off of said aggregate amount (7) That jurisdiction be, and is here­ quisitions of certain properties and se­ through charges against income or by, reserved in respect of the reasonable­ curities, the liquidation of certain sub­ earned surplus to be made in substan­ ness, and approval or disapproval, of fees sidiary companies, the recapitalization of tially equal amounts annually over a and expenses incurred, and to be in­ certain remaining subsidiaries, the acqui­ period of five years from the date of the curred, in connection with the subject sition of certain properties from non- acquisitions; plan, and transactions incident thereto; affiliated interests, the refinancing of the (2) Southwestern Public Service Com­ (8) That jurisdiction be, and is hereby, surviving parent company, Southwestern pany, upon the consummation of the reserved to this Commission to entertain Public Service Company, as well as the merger above mentioned, shall create such further proceedings, to make such exemption, pursuant to Rule U-100, of upon its books a reserve in the amount further and supplemental findings, and such investment houses and brokers and of $200,000 against any losses which may to take such additional and further the members, officers and employees of hereafter be realized upon the securities action, as may be found by it to be ap- such investment houses, or brokerage to be acquired by it through said merger, propriaté in the premises in connection firms or companies as may render serv­ or otherwise pursuant to said plan, pro­ with said plan and the several transac­ ices (without compensation, other than posed to be carried upon the books of said, tions incident to the consummation reimbursement for expenditures made) corporation as investments; thereof; in connection with the solicitation of (3) Upon consummation of the above- (9) That the several transactions, apv asserfts of stockholders to said merger mentioned merger, Southwestern Public proval or authorization of which is agreement, from any disqualification Service Company shall not declare or granted by this order, shall be carried which might otherwise be imposed upon pay any dividend upon the common stock out in accordance with the terms and such companies or individuals by reason of that corporation, nor shall it make any conditions of, and for the purposes stated of Rule U-62 (g) (2) in respect of future other payment or distribution thereon, in the declarations and applications, as participation in the purchase or sale of by purchase, or otherwise, in money or amended, filed in this proceeding; any securities which may hereafter be other property, pending the further or­ (10) TTiat the material to be trans­ issued and sold by said Southwestern der, or orders, of this Commission, except mitted to the common stockholders of Public Service Company; that such restriction shall not apply to Community Power and Light Company A public hearing having been held any payment which may be made in con­ and of General Public Utilities, Inc., after appropriate notice, and the Com­ nection with any rights, or asserted shall be accompanied by a copy of the mission having considered the record rights, of appraisal and payment which report of this Commission on the plan and having made and filed its findings any stockholder of Community Power which is the subject of this proceeding, and opinion herein; and and Light Company and/or General Pub­ which report is being entered and issued The Commission having found, sub­ lic Utilities, Inc., may have under any concurrently with the entry of this ject to the conditions and reservations state statute applicable to said proposed order. hereinafter set forth, (1) that the plan, merger; It is further ordered, That South­ for which approval is so sought, is neces­ (4) That within one year from the western Public Service Company shall sary to effectuate the 'provisions of sec­ date of the entry of this order, unless take the several actions, recited in those tion 11 (b) of the Act, (2) that the plan such time shall be further extended by conditions of this order numbered (1 ), is fair and equitable to the persons a f­ this Commission, Southwestern Public (2 ), and (4 ), as in said conditions set fected thereby, (3) that the requirements Service Company, the surviving parent forth, and shall comply with those re­ of Rule U-62 (g) (2) as applied to the company, shall take such action as may strictions recited in that condition num­ prospective activities* of investment be necessary to divest itself of all owners bered (4) of this order. houses and brokers and of the members, By the Commission. officers and employees of such houses ship and all control of: (a) The physical properties in east- [ s e a l ] O r v a l L . D u B o i s , and firms, in respect of the buying and Secretary. selling of any securities which may here­ central Texas to be owned by said South­ after be issued and sold by Southwest­ western Public Service Company after [F . R. Doc. 42-6869; Piled, July 20, 1942; ern Public Service Company, are neither consummation of the proposed merger 10:24 a. m.j o

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