Washington, Thursday, January 28, 1943

UTTtRA SCRIPTA FEDERAL REGISTER VOLUME 8 1 9 3 4 NUMBER 19 * ^AflTEO ^

Regulations rectly purchase in commerce, etc., of said CONTENTS device, which advertisements represent, directly or by implication, that said de REGULATIONS AND NOTICES vice constitutes an effective means or Alien Property Custodian: Page TITLE 14—CIVIL AVIATION method for the removal of excess flesh or Vesting orders: Chapter II—Administrator of Civil Aero weight from the human body, or that Amico, Giuseppe______1242 nautics, Department of Commerce said device is in all cases safe for use; Binder, Karl______1243 prohibited. (Sec. 5, 38 Stat. 719, as Burk, Dorothy______1243 [Amendment 17] amended by sec. 3, 52 Stat. 112; 15 U.S.C., Carpenter, Sara C_*__ i_____ 1243 Part 600—D esignation of Civil Airways sec. 45b) 1 Cease and desist order, Holly Earle, Ethel Deodata...____ 1244 wood Magic Garment Oo., Docket 4702, Fesenmeier, Marie____ ’_____ 1244 DELETION OF TALLAHASSEE, FLA., TO ATLANTA, January 19, 19433 Friederich, Emma______1244 GA.*, CIVIL AIRWAYS At a regular session of the Federal Gru, Joseph______1245 Acting pursuant to the authority Trade Commission, held at its office in Gr utter, Therese M______1245 vested in me by section 302 of the Civil the City of Washington, D. C., on the Hantzsch, Carl______1246 Aeronautics Act of 1938, as amended, I 19th day of January, A. D. 1943. Happ, John______1246 hereby amend Part 600 of the Regula This proceeding having been heard by Ioannu, J. H. P____ 1246 tions of the Administrator of Civil Aero the Federal Trade Commission upon the Kane, Oswald______1247 nautics as follows: complaint of the Commission (no answer Kriebel, Charles W______1247 By striking §600.10421 Tallahassee, having been filed by respondent), testi Kruse, Friedrich______1247 Florida, to Atlanta, Georgia, Civil Air mony and other evidence in support of Manke, Bernard C______1248 way. the allegations of the complaint taken Meier, Joseph______1248 This amendment shall become effective before a trial examiner of the Commis Merck, George______1248 0001 E. W. T. February 15, 1943. sion theretofore duly designated by it, re Migliorelli, John______1249 Dated: January 21, 1943. ports of the trial examiner upon the Muhleisen, Rose.______1249 C. I. Stanton, evidence, and brief in support of the Offt, Peter______1250 Administrator, complaint (no brief having been filed by Rovaldy, Alexander G_____1250 Schnitzler, Auguste______1242 I F . R. D o c . 43-1363; Filed, January 26, 1943; respondent and oral argument not hav 2:39 p. m.] ing been requested) ; and the Commis Schreiner, George Albert™ . 1250 sion having made its findings as to the Theek, Adolf Louis______1251 facts and its conclusion that the re Überall, C urt______1251 spondent has violated “the provisions of Verderber, Frank..______1251 the Federal Trade Commission Act; Wagner, Alvina______1252 TITLE 16-COMMERCIAL PRACTICES It is ordered, That the respondent, Bituminous Coal Division: Chapter I—Federal Trade Commission Hollywood Magic Garment Co., a cor Hearings, etc.: poration, and its officers, agents, repre Read, Earl M______1241 {Docket No. 4702] sentatives, and employees, directly or Sheesley Coal Co______1240 P art 3—Digest of Cease and Desist through any corporate or other device, Minimum price s c h e d u le s O rders in connection with the offering for sale, amended: sale, or distribution of respondent’s de District 8______!______1215 HOLLYWOOD MAGIC GARMENT CO. vice designated "Hollywood Magic Gar District 10______1215 § 3.6 (t) Advertising falsely or mis ment,” or any other device of substan District 11______1216 leadingly—Qualities or properties of tially similar nature or possessing sub District 12______1216 product or services: § 3.6 (x) Advertising stantially similar properties, whether District 20-_____ 1217 falsely or misleadingly—Results: § 3.6 sold under the same name or under any Civil Aeronautics Administrator: other name, do forthwith cease and de Tallahassee, Fla. to Atlanta, Ga. (y) Advertising falsely or misleadingly— sist from directly or indirectly: civil airway; deletion._____ 1211 Safety. In connection with offer, etc., of 1. Disseminating or causing to be dis Civil Aeronautics Board: respondent’s device designated “Holly seminated any advertisement by means Hearings, etc.: , wood Magic Garment”, or any other sim of the United States mails, or by. any Transcontinental and West ilar device, disseminating, etc., any ad means in commerce, as “commerce” is ern Air, Inc______1242 vertisements by means of the United defined in the Federal Trade Commis Transcontinental and West States mails, or in commerce or by any sion Act, which advertisement repre- ern Air, Inc., et al______1242 means, to induce, ete.r directly or indi (Continued on next page) (Continued on next page) 1211 %

1212 FEDERAL REGISTER, Thursday, January 28, 1943 CONTENTS—Continued sents, directly or by implication, that respondent’s device constitutes an effec O ffice of P rice Administration— tive means or method for the removal of - Continued. Pa8® excess flesh or weight from the human FEDEMufcjtEGISTER Honey, extracted (MPR 275)— 1228 body, or that said device is in all cases V’ «Mino’ i»« ¿y Petroleum and petroleum prod safe for use. ucts: 2. Disseminating or causing to be dis (RPS 88, Am. 60)______1227 seminated any advertisement by any Published daily, except Sundays, Mondays, (RPS 88, Am. 61)______-___ 1227 means for the purpose of inducing or and days following legal holidays by the Petroleum products sold at re which is likely to induce, directly or in Division of the Federal Register, The National tail (MPR 137, Am. 19) —— 1226 Archives, pursuant to the authority con directly, the purchase in commerce, as tained in the Federal Register Act, approved Pig iron (RPS 10)______1236 “commerce” is defined in the Federal July 26, 1935 (49 Stat. 500) , under regula Platinum (MPR 309)______1233 Trade Commission Act, of respondent’s tions prescribed by the Administrative Com Solvents (MPR 170, Am. 2 )____ 1232 device, which advertisement contains mittee, approved by the President. Steel shapes, plates and shaft any representation prohibited in para The Administrative Committee consists of ing (MPR 310)______1225 graph 1 hereof. the Archivist or Acting Archivist, an officer P ublic D ebt Bureau: It is further ordered, That the re of the Department of Justice designated by 2Y2 percent treasury bonds of spondent shall; within sixty (60) days the Attorney General, and the Public Printer 1962-67 (2 documents)___ 1240 or Acting Public Printer. after service upon it of this order, file The daily issue of the F ed era l R e g is t e r Securities and Exchange Commis with the Commission a report in writing, will be furnished by mail to subscribers, free sio n: setting forth in detail the manner and of postage, for $1.25 per month or $12.50 per Financial statements under the form in which it has complied with this year, payable in advance. The charge for Securities Act of 1933, etc- 1214 order. single copies (minimum, 10£) varies in pro Hearings, etc.: By the Commission. portion to the size of the issue. Remit Alabama United Ice Co------1255 money order for subscription or single copies [seal] - Otis B. J ohnson, Alabama Water Service Corp. Secretary. payable to the Superintendent of Documents and Federal Water Serv directly to the Government Printing Office, [F. R. Doc. 43-1403; Filed, January 27, 1943; Washington, D. C. ice Corp------— 1254 There are no restrictions on the republica Carib Syndicate Ltd------1254 10:56 a. m.] tion of material appearing in the F ederal Derby Gas and Electric Corp_ 1253 R e g is t e r . Electric Bond and Share Co., Telephone information:. District 0525. et al______—- 1253 [Docket No. 4706] International Utilities Corp„ 1253 Louisville Transmission Corp. P art 3—D igest of Cease and Desist CONTENTS—Continued (Kentucky)______—— 1255 O rders THE FERBO CO. F ed er a l T rade C o m m i s s i o n : P a Se Portland Electric Power Co— 1254 Cease and desist orders: Sioux City Gas and Electric § 3.6 (c) Advertising falsely or mis Ferbo Co------— i------1212 Co. and Iowa Public leadingly—Composition of- goods: § 3.6 Hollywood Magic Garment Service Co______1253 may be made by connection with the offering for sale, sale means of a game of chance, gift enter or distribution of respondent’s food fla which such cups or other similar con tainers are printed and assembled at the prise, or lottery scheme; voring product designated as “French (2) Packing or assembling cup lids in Tang Vanilla Flavor” and as “Sun-Cu- time they are sold by respondent, may be made by means of a game of chance, packages or assortments of ice cream Nilla,” or any other product of substan gift enterprise, or lottery scheme; (2) cups or other similar containers for sale tially similar* composition, whether sold packing or assembling cup lids in pack ■with ice cream or mother merchandise to under the same names or under any ages or assortments of ice cream cups or the public at retail, which cup lids are other name, do forthwith cease and de<- other similar containers for sale with printed for use, or which may be used, sist from directly or indirectly; ice cream or other merchandise to the in distributing or selling ice cream cups 1. Disseminating or causing to be dis public at retail, which cup lids are or other similar containers together with seminated any advertisement by means printed for use, or which may be used, in ice cream or other merchandise by of the United States mails, or by any distributing or selling ice cream cups or means of a lottery scheme, game of means in commerce, as “commerce” is •other similar containers together with chance, or gift enterprise; •ice cream or other merchandise by (3) Furnishing to retail or wholesale defined in the .Federal Trade Commission dealers or jobbers, cup lids or containers, Act, which advertisement means of a lottery scheme, game of chance, or gift enterprise; and (3) furn some of which are so printed as to be (a) Uses the term “vanilla,” "vanilla ishing to retail or wholesale dealers or used in distributing extra cups or con flavor,” or “vanilla flavoring,” or any jobbers, cup lids or containers, some of tainers of ice cream or other merchandise other term of similar import, to desig which are so printed as to be used in to purchasers of cups or containers con nate or describe respondent’s product, distributing extra cups or containers of taining ice cream or other merchandise unless such term is immediately pre ice cream or other merchandise to pur-, when the distribution of such extra cups ceded by the word “Imitation” In equally chasers of cups or containers containing or containers is determined by lot or conspicuous type; or ice cream or other merchandise when chance. (b) Represents in any manner or by the distribution of such extra (nips or It is further ordered, That the respond any. means that respondent’s product is containers is determined by lot or ent, Mono Service Company, a corpora genuine vanilla extract or flavoring. chance; prohibited. (Sec. 5,38 Stat. 719, tion, shall, within 60 days after service as amended by sec. 3, 52 Stat. 112; 15 upon it of this order, file with the Com 2. Disseminating or causing to be dis U.S.C., sec. 45b) [Cease and desist mission a report in writing, setting forth seminated any advertisement by any order, Memo Service Company, Docket in detail toe manner and form hi which means for the purpose of inducing or 4834, January 19, 19431 it has complied with the order to cease which is likely to induce, directly or in At a regular session of the Federal and desist hereinabove set forth. directly, the purchase in commerce, as Trade Commission, held at its office in By toe Commission. “commerce” is defined in the Federal the City of Washington, D. C., on the [seal] Otis B. J ohnson, Trade Commission Act, of respondent’s 19th day of January, A. D. 1943. Secretary. product, which advertisement contains This proceeding having been heard by [F. A. Doe. 43-1402; Filed, January 27, 1943; the Federal Trade Commission upon the 10:56 a.m.] any representation prohibited in para complaint of the Commission and the graph 1 hereof. answer of respondent, in which answer It is further ordered, That the re respondent admits all the material alle [Docket No. 4845] spondent shall, within sixty (60) days gations of fact set forth In said complaint P art 3—Digest of Cease and D esist after service upon him of this order, file and states that it waives all intervening Orders with the Commission a report in writing, procedure and further hearing as to said facts, and the Commission having made THE LEONARD CUSTOM TAILORS CO. ETC. setting forth in detail the manner and its findings as to the facts and conclusion § 3.6 (a) Advertising falsely or mis form in which he has complied with this that said respondent has violated the leadingly—Business status, advantages order. provisions of the Federal Trade Commis or connections of advertiser—Unique By the Commission. sion Act: status or advantages: § 3.6 (m 10) Ad It is ordered, That the respondent, vertising falsely or misleadingly—Manu [seal] Otis B. J ohnson, Secretary. Mono Service Company, a corporation, facture or preparation: § 3.6 (ff 10) Ad its officers, representatives, agents and vertising falsely or -misleadingly—Unique [F. R Doc. 43-1404; Filed, January 27, 1943; employees, directly or through any cor nature or advantages. In connection 10:57 a. m.] porate or other device in connection with with offer, etc., in commerce, of men’s 1214 FEDERAL REGISTER, Thursday, January 28, 1943 clothes, representing (1) that its men’s TITLE 17—COMMODITY AND rule shall not be applicable in respect of clothes are benchmade or handmade; SECURITIES EXCHANGES companies which are not otherwise re and (2) that the woolen materials from quired to make such a classification or which respondent’s men’s clothing is Chapter II—Securities and Exchange have not completed the necessary origi made are exclusive to respondent or Commission nal cost studies. If such classification is that respondent is the only dealer from not otherwise required or if such original P art 210—R egulation S-X U nder Se cost studies have not been completed, an whom clothes manufactured from the curities Act of 1933, Securities E x same materials can be purchased; pro appropriate explanation of the circum change Act of 1934, and I nvestment stances shall be set forth in a footnote hibited. (Sec. 5,38 Stat. 719, as amended Company Act of 1940 by sec. 3, 52 Stat. 112; 15 U.S.C., sec. which shall include a specific statement 45b) [Cease and desist order, The Leon FINANCIAL STATEMENTS UNDER SECURITIES as to the status of the original cost ard Custom Tailors Co., etc., January 14, ACT OF 1933, SECURITIES EXCHANGE ACT studies and, to the extent practicable, the 1943] OF 1934 AND INVESTMENT COMPANY ACT results indicated thereby. At a regular session of the Federal OF 1940 Effective January 26, 1943. Trade Commission, held at its office in The Securities and Exchange Commis By the Commission. the City of Washington, D. C., on the sion, acting pursuant to authority con [seal] O rval L. DuBois, 14th day of January A. D. 1943. ferred upon it by the Securities Act of Secretary. In the matter of The Leonard Custom 1933, particularly sections 7 and 19 (a) Tailors Co., a corporation, also trading thereof, and the Securities Exchange Act [F. R. Doc. 43-1362; Filed, January 26, 1943; as Leonard Custom Tailors Company, as of 1934, particularly sections 12, 13, 15 2:41 p. m.] Leonard Custom Tailors and as Avon (d) and 23 (a) thereof, and deeming such Park Clothes. action necessary and appropriate in the This proceeding Waving been heard by public interest and for the protection of P art 240—G eneral R ules and R egula the Federal Trade Commission upon the investors and necessary for the exe tions, Securities Exchange Act of 1934 complaint of the Commission and the cution of the functions vested in it by solicitation of purchases on an exchange answer of respondent, in which answer said Acts, hereby amends Part 210 [Reg to facilitate distribution of securities respondent admits all the material alle ulation S-X] as follows: gations of fact set forth in said com 1. By adopting the following new The Securities and Exchange Commis plaint, and states that it waives all inter § 210.4-13 [Rule 4-13] sion, deeming it necessary for the exer vening procedure and further hearing § 210.4-13 Special requirements as to cise of the functions vested in it and as to said facts, and the Commission public utility holding companies. In the necessary and appropriate in the public having made its findings as to the facts consolidated balance sheet of a «public interest and for the protection of in and conclusion that said respondent has utility holding company and its subsidi vestors so to do, pursuant to authority violated the provisions of the Federal aries, tangible and intangible utility conferred upon it by the Securities Ex Trade Commission Act: plant shall be segregated so as to show change Act of 1934, particularly sections It is ordered, That the respondent, separately the original cost, plant acqui 10 (b) and 23 (a) thereof, hereby The Leonard Custom Tailors Co., a cor sition adjustments, and the plant ad 1. Amends paragraph (d) (3) of poration, also trading as Leonard Cus justments, as required by the systems of § 240.10b-2 [Rule X-10B-2]1 to read as tom Tailors Company, as Leonard Cus accounts prescribed by the applicable follows: tom Tailors and as Avon Park Clothes, regulatory authorities. In addition, § 240.10b-2 Solicitation of purchases or trading under any other name or there shall be shown the differences be on an exchange to facilitate a distribu names, its officers, representatives, tween the amount at which the parent’s tion of securities. * * * agents, and employees, directly or investment is carried and the underlying (d) * * * through any corporate or other device in book equity of subsidiaries as at the re (3) The provisions of this exemption connection with the offering for sale, spective dates of acquisition. The above shall terminate at the close of business sale, and distribution of men’s clothes classification of utility plant, however, is on July 31, 1943, unless the Commission in commerce as “commerce” is defined not required of companies included in otherwise determines. in the Federal Trade Commission Act, consolidation which are not otherwise 2. And declares the special offering do forthwith cease and desist from: required to make such a classification plans of the New York Stock Exchange, (1) Representing that its men’s or which have not "completed the neces New York Curb Exchange, and San Fran clothes are bench-made or handmade; sary original cost studies. If such classi cisco Stock Exchange, as now effective, (2) Representing that the woolen ma fication is not otherwise required or if to be effective until the close of business terials from which respondent’s men's such original cost studies have not been on July 31, 1943, unless the Commission clothing is made are exclusive to re completed, an appropriate explanation otherwise determines, on condition that spondent or that respondent is the only of the circumstances shall be set forth if at any time it appears to the Commis dealer from whom clothes manufactured in a footnote which shall include a spe cific statement as to the status of the sion necessary or appropriate in the pub from the same materials can be pur lic interest or for the protection of in chased. original cost studies and, to the extent practicable, the results indicated thereby. vestors so to do, the Commission may It is further ordered, That the re send at least ten days’ notice to any of spondent shall, within sixty (60) days 2. By amending caption 13 of § 210.5-02 said Exchanges terminating the effec after service upon it of this order, file [Rule 5-02], Balance Sheets, to read as tiveness of their respective plans. with the Commission a report in writing, follows: Effective January 27,1943. setting forth in detail the manner and 13. Property, plant and equipment. By the Commission. ■ form in«which it has complied with this Tangible and intangible utility plant of [seal] Orval L. DuBois, order. a public utility company shall be segre Secretary. By the Commission. gated so as to show separately the origi [seal] O tis B. J ohnson, nal cost, plant acquisition adjustments, [F.R . Doc. 43-1361; Filed, January 26, 1943; Secretary. and plant adjustments, as required by 2:41 p. m.] [F. R. Doc. 43-1405; Filed, January 27, 1943 the systems of accounts prescribed by the 10:57 a. m.] applicable regulatory authorities. This » 7 FJt. 807, 2865, 52097 FEDERAL REGISTER, Thursday, January 28, 1943 1215 TITLE 30—MINERAL RESOURCES Seam in the same subdistrict and that It is further ordered, That the motion the price classifications and minimum to reopen proceeding and modify order Chapter III—Bituminous Coal Division prices requested are the same as those amending order granting temporary and [Docket No. A-1392] for such other coals in the Winifrede conditionally final relief be and it Seam. - hereby is granted to the extent indicated P art 328—Minimum P rice S chedule, A motion to reopen proceeding and herein. District No. 8 modify order amending order granting It is further ordered, That commenc temporary and conditionally final relief ing forthwith, the schedules of effective ORDER GRANTING RELIEF was filed with the Division on October minimum prices for District No. 8 for Order amending order granting tem 14,1942, by District Board No. 8 request all shipments except truck and for truck porary and conditionally final relief in ing the same relief as the motion to shipments are modified to provide that the matter of the petition of District modify order, filed September 12, 1942, the price classifications and minimum Board No. 8 for "the establishment of with respect to the New Cinderella Mine prices of the Consolidation #207 Mine price classifications and minimum prices of the Cinderella Coal Corporation, and, (Mine Index No. 5445) of Consolidation for the coals of certain mines in District in addition, requesting that the order Coal Company shall be temporary until No. 8. amending order granting temporary and March 1, 1943, at which time they shall On May 6, 1942, 7 F.R. 3872, an order conditionally final relief of June 24, 1942, become final, unless it shall otherwise granting temporary relief and condi be amended to provide that the final re be ordered. tionally providing for final relief was lief granted therein to Consolidation It is further ordered, That pleadings issued by the Bituminous Coal Division #207 Mine (Mine Index No'. 5445) of in opposition to the aforesaid motions in the above-entitled matter in which, Consolidation Coal Company be made in the above-entitled matter and appli among other matters, price classifica temporary and that it shall not become cations to stay, terminate or modify the tions and minimum prices were estab final until February 1,1943. * temporary relief herein granted may be lished for the New Cinderella Mine (Mine In its motion to reopen proceeding and filed with the Division within forty-five Index No. 5418) of the Cinderella Coal modify order amending order granting (45) days from the date of this order, Corporation and for the Consolidation temporary and conditionally final relief pursuant to the rules and regulations #207 Mine (Mine Index No.' 5445) of filed October 14, 1942, District Board No. governing practice and procedure before Consolidation Coal Company for all 8 represents that on October 1,1942, Con the Bituminous Coal Division in proceed shipments except truck and for truck solidation #207 Mine had not entered ings instituted pursuant to section 4 II shipments. into regular commercial production by (d) of the Bituminous Coal Act of 1937. On June 24, 1942, 7 F.R. 4757, upon reason of the fact that such mine had It is further ordered, That in all other motion of District Board No. 8, an order not then received all its equipment, and, respects the order of May 6, 1942, in amending order granting temporary and therefore, petitioner was not in a posi the above-entitled matter be and the conditionally final relief was issued in tion to inspect or sample the coals as same shall remain in full force and effect. this matter in which the order of May loaded for purposes of analysis and for Dated: January 23,1943. 6,1942, was amended to provide that the a determination of proper permanent [seal] Dan IT. W heeler, relief granted to the New Cinderella classifications. Director. Mine of Cinderella Coal Corporation and It appears- that the motion to modify the Consolidate in #207 Mine of Consoli order and the motion to reopen proceed [F. R. Doc. 43-1322; Filed, January 26, 1943; dation Coal Company should not become ing and modify order amending order 12:19 p. m.] final until October 1, 1942. granting temporary and conditionally A motion to modify order was filed in final relief have been duly served upon this matter with the Division on Septem all interested persons, that no opposi [Docket No. A-1796] ber 12, 1942, by District Board No. 8 re tion to the requests for relief have been questing an amendment to the Order filed with the Division, and that good P art 330—Minim um P rice Schedule, of May 6, 1942, to effect the following reason has been shown for granting the District No. 10 changes in the price classifications and motions. ORDER GRANTING RELIEF It is therefore ordered, That the mo m inim um prices for the coals of the New Order granting temporary relief and Cinderella Mine of the Cinderella Coal tion to modify order be and it hereby is granted. conditionally providing for final relief Corporation for all shipments except in the matter of the petition of District truck and for truck shipments: It is further ordered, That commenc ing forthwith § 328.11 (Alphabetical list Board No. 10 for the establishment of FOR DESTINATIONS OTHER THAN GREAT LAKES of code members) and § 328.34 (General price classifications and minimum prices From “G” to “C” in Size Group 10. prices for high volatile coals in cents per for the coals of certain mines. From “F” to “D” in Size Groups 11-17, net tori for shipment into all market An original petition, pursuant to sec incl. areas) are supplemented to include the tion 4 II (d) of the Bituminous Coal Act From “M” to “K” in Size Groups 18-21, following price classifications and mini of 1937, having been duly filed with this incl. mum prices for the New Cinderella Mine Division by the above-named party, re From “O” to “L” in Size Group 22. (Mine Index No. 5418) of the Cinderella questing the establishment, both tem FOR GREAT LAKES CARGO ONLY Coal Corporation in lieu of those estab porary and permanent, of price classi lished by Order of May 6, 1942: fications and minimum prices for the From “G” to “C” in Size Group 10. coals of certain mines in District No. 10; From “K” to “J ” in Size Groups 16-17, FOR DESTINATIONS OTHES THAN GREAT LAKES and incl. “C” in Size Group 10. It appearing that a reasonable showing From “M’* to “K” in Size. Groups 18-21, “D” in Size Groups 11-17, incl. incl. “K” in Size Groups 18-21, incl. of necessity has been made for the grant From “O” to “L” in Size Group 22. “L”-in Size Group 22. ing of temporary relief in the manner hereinafter set forth; and FOR TRUCK SHIPMENTS FOR GREAT LAKES CARGO ONLY No petitions of intervention haying From 2.10 to 2.20 in Size Group 8. “C” in Size Group 10. been filed with the Division in the above- From 2.00 to 2.10 in Size Group 6. “J ” in Size Groups 16-17, incl. entitled matter; and From 1.45 to 1.55 in Size Group 7. “K” in Size Groups 18-21, incl. The following action being deemed From 1.40 to 1.50 in Size Group 8. "h” in Size Group 22. necessary in"order to effectuate the pur In its motion to modify order, District FOR TRUCK SHIPMENTS poses of the Act; Board No. 8 represents that recent sam- 2.40 in Size Group 3. It is ordered, That, pending final dis pling'of the coals produced from the New 2.30 in Size Group 6. position of the above-entitled matter, Cinderella Mine in the size groups for 1.75 in Size Group 7. temporary relief is granted as follows: which revised price classifications and 1.70 in Size Group 8. Commencing forthwith § 330.25 (General' minimum prices' are requested revealed It is further ordered, That the relief prices in cents per net ton for shipment that such coals are relatively low in ash herein granted with respect to the New into all market areas) is amended by content and comparable to and of equal Cinderella Mine shall become final sixty adding thereto Supplement T, which sup market value with other coals produced (60) days from the date of this order, plement is hereinafter set forth and from mines operating in the Winifrede unless it shall otherwise be ordered. % hereby made a part hereof. 1216 It is further ordered, That pleadings Proceedings Instituted Pursuant to sec (45) days from the date of this order, It is further ordered, That the relief in opposition to the original petition in tion 4 II (d) of the Bituminous Coal Act pursuant to the rules and regulations herein granted shall become final sixty the above-entitled matter and applica of 1937. governing practice and procedure before, (60) days from the date of this order, tions to stay, terminate or modify the It is further ordered, That the relief the Bituminous Coal Division in Pro unless it shall otherwise be ordered. temporary relief herein granted may be herein granted shall become final sixty ceedings instituted pursuant to section Dated: January 15, 1943. filed with the Division within forty-five (60) days from the date of this order, 4 II (d) of the Bituminous Coal Act of [seal] D an H . W heeler, (45) days from the date of this order, unless it shall otherwise be ordered. 1937. Director. pursuant to the Rules and Regulations Dated: January 9, 1943. Governing Practice and Procedure be [seal] D an H. W heeler, T emporary and Conditionally F inal E ffective M inim um P rices for District N o. 11 fore the Bituminous Coal Division in Director. N o t e : The material contained in this supplement is to be read in the light of the classi fications, prices, instructions, exceptions and other provisions contained in Part 331, Mini T emporary and Conditionally P inal E ffective M inim um P rices for D istrict No. 10 mum Price Schedule for District No. 11 and supplements thereto. No te: The material contained in this supplement is to be read iii#the light of the classi FOR TRUCK SHIPMENTS fications, prices, instructions, exceptions and other provisions contained in Part 330, Mini § 331.24 General prices in cents per net ton for shipment into all market areas— mum Price Schedule for District No. 10 and supplements thereto. Supplement T REGISTER, FEDERAL FOR TRUCK SHIPMENTS Prices and size group numbers § 330.25 General prices in cents per net ton for shipment into all market areas— Supplement T Code member index Mine No, 10, OP 1 2 3 4 5 6 7 8 9 11, 13 14 16 16

Mine index CG 12 .9 © Prices and size group numbers I I Cade member Index Mine Seam id•S M® CLAY COUNTY 1 2 .3 4 5 6 7 8 9 10 11 12 13 14 15 Engles, Wm. A. (Engles 1375 B 315 290 270 260 255 250 220 220 200 190 16$ 1 150 85 55 Coal Company). Section N o. 5

M’DONOUGH [F. R. Doc. 43-1326; Filed, January 26, 1943; 12:19 p. m.] COUNTY B unt, Earl ___ .. 1619 240 235 230 175 170 165 160 160 160 130 120 65 B unt’s_____ 2 260 255 250 1943 28, January Thursday,

SCHUYLER COUNTY [Docket No. A-1800] It is. ordered, That, pending final dis Gossage, Fred...... 1621 Hill Top #2.. 2 260 255 250 240 235 230 175 170 165 160 160 160 130 120 65 P art 332—M inim um P rice S chedule, position of the above-entitled matter, District No. 12 temporary relief is granted as follows: [F. R. Doc. 43-1323; Filed, January 26, 1943; 12:20 p. m.] Commencing forthwith, § 322.2 (Alpha ORDER GRANTING RELIEF betical list of Code Members) is amended Order granting temporary relief and by adding thereto Supplemental R, and conditionally providing for final relief § 322.24 (General prices in cents per net [Docket No. A—1816] ing of temporary relief in the manner in the matter of the petition of District ton for shipment into all market areas) hereinafter set forth; and Board No. 12 for the establishment of is amended by adding thereto Supple P art 331—Minim um P rice Schedule, No petitions of intervention having price classifications and minimum prices ment T, which supplements are herein D istrict No. 11 been filed with the Division in the above- for the coals of certain mines in Dis after set forth and hereby made a part ORDER GRANTING RELIEF entitled matter; and trict No. 12. hereof. Order granting temporary relief and The following action being deemed An original, petition, pursuant to sec It is further ordered, That pleadings in conditionally providing for final relief in necessary in order to effectuate the pur tion 4 n (d) of the Bituminous Coal Act opposition to the original petition in the the matter of the petition of District poses of the Act; of 1937, having been duly filed with this above-entitled matter and applications Board No. 11 for establishment of price It is ordered, That, pending final dis Division by the above-named party, re to stay, terminâte or modify the tem classifications and minimum prices for position of the above-entitled matter, questing the establishment, both tem porary relief herein granted may be Mine Index No. 1375. temporary relief is granted as follows: porary and permanent, of price classifi filed with the Division within forty-five An original petition, pursuant to sec Commencing forthwith, § 331.24 (Gen cations and minimum prices for the coals (45) days from the date of this order, tion 4 n (d) of the Bituminous Coal Act eral prices in cents per net ton for ship of certain mines in District No. 12; and pursuant to the rules and regulations of 1937, having been duly filed with this ment into all market areas) is amended It appearing that a reasonable show governing practice and procedure before Division by the above-named party, by adding thereto Supplement T, which ing of necessity has been made for the the Bituminous Coal Division in proceed requesting the establishment, both tem- supplement is hereinafter set forth and granting of temporary relief in the man ings instituted pursuant to section 4 II piorary and permanent, of price classifi hereby made a part hereof. ner hereinafter set forth; and (d) of the Bituminous Coal Act of 1937. cations and minimum prices for the coals It is further ordered, That pleadings No petitions of intervention having It is further ordered, That the relief of the Engles Mine, Mine Index No. 1375, in opposition to the original petition in been filed with the Division ip the above- herein granted shall become final sixty of Wm. A. Engles (Engles Coal Com the above-entitled matter and applica entitled matter; and (60) days from the date of this order, pany) ; and tions to stay, terminate or modify the The following action being deemed unless it shall otherwise be ordered. It appearing that a reasonable showing temporary relief herein granted may be necessary in order to effectuate the pur Price classifications qnd minimum of necessity has been made for the grant- filed with the Division within forty-five poses of the Act; prices have not been established for the coals of the American Coal Company 8 P.R.'SSS, under the naifie of the Ameri It appearing that a reasonable showing set forth and hereby made a part (Cleo K. Bennett), Mine Index No. 798 can Coal Company (T. D. Macksey). of necessity has been made for the grant hereof. for truck shipments, as requested by Dated: January 14, 1943. ing of temporary relief in the manner It is further ordered, That pleadings District Board No. 12, for the reason that hereinafter set forth; and in opposition to the original petition in this mine was previously classified for [seal] D an H. W heeler, No petitions of intervention having the above-entitled matter and applica truck shipments in Docket No. A-1733, Director. been filed with the Division in the above- tions to stay, terminate or modify the entitled matter; and temporary relief herein granted may be T emporary and Conditionally F inal Effective M inim um P rices for D istrict No. 12 The following action being deemed filed with the Division within forty-five Note.: The material contained' in these supplements is to be read in the light of the necessary in order to effectuate the pur (45) days from the date of this order, classifications, prices, instructions, exceptions and other provisions contained in Part 332, poses of the Act; pursuant to .the rules and regulations M inim um Price Schedule for District No. 12 and supplements thereto. governing practice and procedure before It is ordered, That, pending final dis the Bituminous Coal Division in proceed FOR RAIL SHIPMENTS position of the above-entitled matter, ings instituted pursuant to section 4 II § 332.2 Alphabetical list of code members—Supplement R temporary relief is granted as follows: (d) of the Bituminous Coal Act of 1937. Commencing forthwith, § 340.4 (Code It is further ordered, That the relief

M ine member price index) is amended by add herein granted shall become final sixty REGISTER, FEDERAL Mine Originating origin ing thereto Supplement T-I, and § 340.21 Code member Index M ine name Mine origin group railroad * Group (60) days from the date of this order, No. No. (General prices in cents per net ton for unless it shall otherwise be ordered. shipment into all market areas) is Dated: January 14, 1943. American Coal Co. (Cleo K. Bennett). 798 A m erican1______H arvey______C. B. & Q.- 37 amended by adding thereto Supplement [seal] Dan H . W heeler, Wab. T-II, which supplements are hereinafter Director. Beard, Byron (Beard Coal Co.)— .... 225 Beard Coal Co.i...... Knoxville Flagler__ C. B. & Q ___ 69 Lokerse, Gil (Producers Coal Co.)__... 688 Producers Coal Co.'_ Knoxville...... C. B. & Q...... 39 Mesecher Coal Co. (Ira Mesecber)...... 390 M esecher1__...... Percy Swan1______Wab.-C. B. & »80 T emporary and Conditionally F inal E ffective M inim um P rices for D istrict N o. 20 Q. Note: The material contained In these supplements Is to be read In the light of the classifications, prices, Instructions, exceptions and other provisions contained in Fart 340, • Indicates mines shipping via public sidings and ramps for railway delivery. »Denotes additional shipping point and new mine origin group number. Mine origin group No. 44 shall no Minimum price Schedule for District No. 20, and supplements thereto. onger be applicable for this mine. FOR TRUCK SHIPMENTS FOR TRUCK SHIPMENTS § 332 24 General prices in cents per net ton for shipment into all market areas— The following price classifications and minimum prices shall be inserted in Mini

Supplement T mum Price Schedule for District No. 20: 1943 28, January Thursday, § 340.4 Code member price index—Supplement T-I SH M g Insert the following listing in proper alphabetical order under Code Member & ©*ès Index: OT W M I © H ©- ® ■é x2", egg, 4 Code member index M M ine County x 3 I& " Sub Prices, section !& *sL** Mine 3 ê Producer Mine index County district Small Small Mine run Mine Egg, 8x2",6x2" Screenings, 2",Screenings, 3 ! Chunk % p No. price ! ! lump Standard, 1 1 0 x lM 1)4", group Rail Truck B >4 S fi 1 2 3 4 4 5 6 7 8 9 10 208 1 340.21 X -I Coal Co. (Nomie 837 #2...... 18 Marion___ _ 305 295 285 275 275 275 275 165 225 105 French), § 340.21 General prices in cents per net ton for shipment into all market areas— Supplement T-n [F. R. Doc. 43-1324; Filed, January 26, 1943; 12:20 p. m.] Insert the following code member name, mine name, mine index number and county under Subdistrict No. I, and the following minimum f. o. b. mine prices in cents per net ton: 1217 [Docket No. A-1809] An original petition, pursuant to sec A tion 4 n (d) of the Bituminous Coal Act P art 340—Minim um P rice S chedule, Sise groups D istrict N o. 20 of 1937, having been duly filed with this Division by the above-named party, re Code member mine name County ORDER GRANTING RELIEF questing the establishment, both tempo in- Mine 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Order granting temporary relief and rary and permanent, of price classifica I No. 1 dex conditionally providing for final relief tions and minimum prices for the coals SUBDISTRICT NO. 1 in the matter of the petition of District of the Muddy Creek Mine, Mine Index Carlyle, Crawford, Muddy Board No. 20 for the establishment of No. 208, of code member Crawford Car Creek______...... __ 208 Emery..,. 291 251 236 216 221 161 136 96 86 56 46 21 141 111 86 price classifications and minimum prices lyle in Subdistrict .1 of District No. 20 for the Muddy Creek Mine. for truck shipments; and [F. R. Doc. 43-1325; Filed, January 26, 1943; 12:19 p. m.] 1218 FEDERAL REGISTER, Thursday, January 28, 1943 TITLE 32—NATIONAL DEFENSE may be inconsistent therewith, in which terials subject to allocation. The Direc case the provisions of this order shall tor General for Operations may also take Chapter IX—War Production Board govern. any other action deemed appropriate, in Subchapter B—Director General for Operations (c) Restrictions on deliveries. On cluding the making'of a recommenda and after January 1, 1942, no deliveries tion for prosecution under section 35 P art 1010—Suspension Orders of synthetic rubber (not including poly (A) of the Criminal Code (18 U.S.C. 80). [Suspension Order S-155,1 Amendment 1] iso butylene, such as the material known (h) Any action which, under the FARGO FOUNDRY COMPANY by the trade names of Vistanex and Syn terms of this order, is to be taken by the Section 1010.155, Suspension Order thetic “100,” as to which the operative Director of Priorities, the Director of 155, paragraph (d), is amended to read date shall be February 1, 1942) shall be Industry Operations or the Director Gen made by any producer, except as may be eral for Operations, may be taken by as follows: specifically directed by the Director Gen (d) This order shall take effect on No eral for Operations; and no person shall either the Director General for Opera vember 25, 1942 and shall terminate on accept delivery of synthetic rubber made tions or the Rubber Director. January .25,1943, after which latter date in violation of the foregoing clause. At (P.D. Reg. 1, as amended, 6 F.R. 6680; it shall have no further force and effect. the beginning of each calendar month W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 (P.D. Reg. 1, as amended, 6 P.R. 6680; the Director General for Operations will F.R. 329; ED. 9040, 7 F.R. 527; E.O. 9125, W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 issue to all producers specific directions 7 F.R. 2719, sec. 2 (a), Pub. Law 671, 76th F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, covering deliveries of synthetic rubber Cong., as amended by Pub. Laws 89 and 7 F.R. 2719; sec. 2 (a), Pub. Law 671, which may be made by such producers 507, 77th Cong.) during such month. Such directions will 76th Cong., as amended by Pub. Laws Issued this 22d day of January 1943. 89 and 507, 77th Cong.) be made primarily to insure the satisfac tion of all defense requirements and to E rnest K anzler, Issued this 26th day of January 1943. provide an adequate supply for essential Director General for Operations. Curtis E. Calder, civilian uses, and they may be made at [P. R. Doc. 43-1407; Piled, January 27, 1943; Director general for Operations. the discretion of the Director General for 11:07 a. m.] Operations without regard to any prefer [P. R. Doc. 43-1364; Filed, January 26, 1943; ence rating assigned to particular con 4:31 p. m.] tracts or orders. (d) Intra-company transactions. The P art 940—R ubber and B alata and P rod prohibitions or restrictions contained in ucts of W hich R ubber or Balata I s a P art 938—Synthetic R ubber this order with respect to deliveries Component shall, in the absence of a contrary direc [Supplementary Order M-15-e as Amended [General Preference Order M-13 as Amended Jan. 22, 1943] 1 Jan. 22, 1943] « tion, apply not only to deliveries to other persons, including affiliates and subsidi RESTRICTION OF TRANSACTIONS IN RUBBER Whereas, the national defense require aries, but also to deliveries from one LIFE SAVING SUITS ments have created a shortage of syn branch, division or section of a single thetic rubber, as hereinafter defined, for enterprise to another branch, division § 940.7 Supplement ar y Order defense, for private account and for ex or section of the same or any other en M-15-e—(a) Definitions. (1) “Life sav port, and it is necessary, in the public in terprise owned or controlled by the same ing suit” means any buoyant water tight terest and to promote the defense of the suit made in whole or in part of rubber, person. latex, reclaimed rubber, scrap rubber or United States, to conserve the supply and (e) Reports. Reports shall be made direct the distribution thereof: any of the compositions generally known by producers at such times, on such as synthetic rubber, designed for us? by Now, therefore, it is hereby ordered, forms and with respect to such matters seamen as a device for rescuing or pre That: as shall be prescribed by the Chemicals serving the lives of seamen from wrecked § 938.1 General Preference Order M- Division of thé War Production Board. vessels, 13—(a) Definitions. For the purposes of In addition persons who order or receive (2) “Person” means any individual, this order: synthetic rubber from a producer shall partnership, association, business trust, (1) “Synthetic rubber” means all neo furnish to the Chemicals Division of the corporation, governmental corporation prenes; all butadiene types, such as the War Production Board information with or agency, or any organized group of materials known by the trade names of respect to requirements and use of such persons, whether incorporated or not. Hycar, Perbunam, Chemigum, and Buna material at such times and on such forms (b) General restriction on the purchase as the said Chemicals Division shall pre and sale of life saving suits. Except as “S”; organic polysulphides known by the scribe. All persons shall furnish such trade names of Thiokol; butyl rubber; provided in paragraph (c) hereof no other and further information as the person shall purchase any life saving poly iso butylene, such as the material Chemicals Division may deem necessary suit except: known by the trade names of Vistanex for the orderly and effective operation of (1) To provide necessary equipment and Synthetic “100”; and the material this order. for ocean and coastwise cargo and tank known by the trade name of Thiokol (f) Notification of customers. Pro vessels of over 1,000 gross tons for the “RD.” ducers shall, as soon as practicable, purpose of providing one approved life (2) “Producer” means any person en notify each of their regular customers saving suit for each person on board as gaged in the production of synthetic of the requirements of this order, but required by regulations prescribed by the rubber and includes any person who has the failure to give such notice shall not United States Coast Guard (Title 46, synthetic rubber produced for him pur excuse any person from the obligation Chapter II, Subchapter O, § 153.12) suant to toll agreement. of complying with the terms of this and (b) Applicability of Priorities Regu order. (2) Only upon compliance with rules, lation No. 1. This order and all trans (g) Violations or false statements. regulations, instructions or directions actions affected thereby are subject to the Any person who violates this order, or concerning the purchase and sale of life provisions of Priorities Regulation No. 1, who wilfully falsifies any records which saving suits to be issued from time to as amended from time to time, except he is required to keep by the terms of time by the United States Coast Guard. to the extent that any provision hereof this order, or by the Director General for No person shall sell any life saving suit Operations, or otherwise wilfully fur except pursuant to such rules, regula 1 7 PR. 9774. nishes false information to the Director tions, instructions or directions issued by * This document is a restatement of Amend General for Operations or to the War ment 2 to General Preference Order M-13 Production Board may be deprived of 1 This document is a restatement of Amend which appeared in the F ederal R e g ist e r of priorities assistance or may be prohibited ment 1 to Supplementary Order M-15-e which January 26, 1943, page 1094, and reflects the appeared in the F ederal R eg ist e r of January order in its completed form as of January by the Director General for Operations 26, 1943, page 1094, and reflects the order in 22, 1943. , from obtaining further deliveries of ma its completed form as of January 22, 1943. FEDERAL REGISTER, Thursday, January 28, 1943 1219

the United States Coast Guard, or if he P art 940—R ubber and Balata and P rod of using such rubber cement for any of knows or has reason to believe that such ucts of W hich R ubber or B alata I s a the purposes for which rubber cement life saving suit is being acquired or is to Component may not be used under the provisions of be used for any purpose other than is paragraph (b) hereof; nor shall any per permitted by this order. I Supplementary Order M-15-f as Amended Jan. 22, 1943]1 son sell, trade, transfer or deliver, or (c) Exceptions. The provisions of offer to sell, trade, transfer or deliver, paragraph (b) shall not prohibit the ORDER RESTRICTING THE USE OF RUBBER any rubber cement to any other person purchase or sale of life saving suits in CEMENTS AND ADHESIVES if he knows or has reason to believe any case in which: such other person intends or proposes (1) Such purchase or sale has been Whereas the fulfillment of the require to use such rubber cement for any of the expressly authorized by the Director ments for the defense of the United purposes prohibited by paragraph (b) General for Operations. States has created a shortage in the hereof. (2) Such purchase is made by or for supply of rubber for defense, for private (d) Exceptions as to supplies on hand. the account of the United States Army, account and for export; and the follow Notwithstanding the restrictions imposed Navy or Coast Guard. ing order is deemed necessary and ap by paragraph (b) of this order, any per (3) ,Such purchase is made by anypropriate in the public interest and to son who on July 31,1942, had in his pos agency of the United States for the ac promote the national defense: session any rubber cement which he pur count of any foreign country under the § 940.8 Supplementary Order M-15- chased or was holding for his own use provisions of the Act of March 11, 1941, for any of the purposes prohibited by entitled “An Act to Promote the Defense f—(a) Definitions. For the purposes of of the United States” (Lend-Lease Act). this order: paragraph (b) may use in operations (4) Such purchase is made by a dealer (1) “Person” means any individual, prohibited by paragraph (b) hereof an in life saving" suits for the purpose of partnership, association, business trust, amount of rubber cement not exceeding resale. corporation, governmental corporation five gallons. (d) Records. All persons affected by or agency, or any organized group of (e) Miscellaneous provisions—(1) this order shall keep and preserve for not persons, whether incorporated or not. Applicability of priorities regulations. less than two years accurate and com (2) “Rubber cement” means any type This order and all transactions affected plete records concerning inventories, of cement, adhesive or coating made in thereby are subject to all applicable pro sales and products. whole or in part of crude rubber, latex, visions of the Priorities Regulations of (e) Reports. . All persons affected by reclaimed rubber or scrap rubber. the War Production Board, as amended this order shall execute and file with the (b) Restriction on the use of rubber from time to time. War Production Board such reports and cement. Except as otherwise permitted (2) Records. All persons affected by questionnaires as may be required by by general or special authorization of this order shall keep and preserve for not said Board from time to time. the Director General for Operations, no less than two years accurate and com (f) Communications. All reports re person who for compensation or profit plete records concerning inventories, pur quired to be filed hereunder and all engages in manufacturing, repairing, chases, production and sales of rubber communications concerning this order combining, laminating, coating, impreg cement and the uses to which such per shall, unless otherwise directed be ad nating or otherwise treating any luggage, sons put rubber cement now owned or dressed to War Production Board, Wash handbags, belts for wearing apparel, hereafter acquired by them. ington, D. C. Ref: M-15-e. pocketbooks, wallets, key rings or cases, (3) Reports. All persons affected by (g) Violations. Any person who wil hats or other millinery, cosmetic appli this order shall execute and file with the fully violates any provision of this order, ances, cosmetic bags, tobacco pouches, War Production Board such reports and or who, in connection with this order, furs or embroidered or other materials questionnaires as the Board shall from wilfully conceals a material fact or fur for emblems, pennants,.chevrons, appli time to time require. nishes false information to any depart ques or other similar decorative material, (4) Audit and inspection. All records ment or agency of the United States is or in laminating, combining or treating required to be kept by this order shall, guilty of a crime; and upon conviction any fabrics or materials, or in manufac upon request, be submitted to audit and may be punished by fine or imprison turing shoes, shall use any rubber cement inspection by duly authorized represent ment. In addition, any such person may in manufacturing, repairing, combining, atives of the War Production Board. be prohibited from making or obtaining laminating, coating, impregnating or (5) Violations. Any person who wil further deliveries of, or from processing treating any such products or materials; fully violates any provision of this order or using, material under priority control except that rubber cement may be used or who, in connection with this order, and may be deprived of priorities as (i) in the following operations only in wilfully conceals a material fact or fur sistance. the manufacture or repair of shoes: nishes false information to any depart (h) Applicability of Priorities Regula Cutting and fitting room operations, bed ment or agency of the United States is tion No. 1, This order and all transac find side lasting, folding, gem duck, heel guilty of a crime, and upon Conviction tions affected thereby are subject to the breasting, insole rib and lip, moccasin may be punished by fine or imprison provisions of Priorities Regulation No. 1 seam, prewelt, platform attaching (but ment. In addition, any such person may as amended from time to time, except only if no equipment for the use of be prohibited from making or obtaining to the extent that any provision of this another method is available), rand, further deliveries of, or from processing order may be inconsistent therewith, in soft box toe, sole attaching, semi-auto or using, materials under priority control which case such provision shall govern. matic toe lasting (but only if no equip and may be deprived of priorities assist (i) Any action which, under the terms ment for the use of another method is ance. of this order, is to be taken by the Di available), unishank, leather welting, (6) Appeals. Any person affected by channelling McKay shoes and Littleway this order who considers that compliance rector of Industry Operations or the Di sewed shoes (but no others), and shoe rector General for Operations, may be with this order would work an excep repair, and (ii) in the manufacture, ap tional and unreasonable hardship upon taken by either the Director General for plication or repair of any products for him or that it would result in a problem Operations or the Rubber Director. the manufacture of which crude rubber, — — ■...... 1 of unemployment in the community, or latex, reclaimed rubber or scrap rubber that compliance with this order would (PD, Reg. 1, as amended, 6 F.R. 6680; may be consumed under the provisions of WPB. Reg. 1, 7 FJR. 561; E.O. 9024, 7 disrupt or impair a program of conver P.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, § 940.3 (Supplementary Order No. M- sion from non-defense to defense work, 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th 15-b) as amended from time to time. may apply for relief to the War Produc Cong., as amended by Pub. Laws 89 and (c) Restriction on the purchase and tion Board, setting forth the pertinent 507, 77th Cong.) sale of rubber cement. No person shall facts and the reasons such person con purchase rubber cement for the purpose siders that he is entitled to relief. The Issued this 22d day of January 1943. - Director General for Operations may E rnest K anzler, 1 This document is a restatement of Amend thereupon take such action as he deems Director General for Operations. m ent 1 to Supplementary Order M-15-f which appropriate. appeared in the F ederal R e g ist e r of January (7) Communications. All communi IF. R. Doc. 43-1408; Filed, January 27, 1943; 26, 1943, page 1094, and reflects the order in. cations concerning this order shall be 11:07 a. m.] its completed form as of January 22, 1943. addressed to: Rubber and Rubber Prod- No. 19----- 2 1220 FEDERAL REGISTER, Thursday, January 28, 1943 ucts Division, War Production Board, refer to the poundage knit or woven by prammonium yarns of any denier, ex Washington, D. C., Ref.: Supplementary others for his account. cluding from such total the number of Order M-15-f. (9) “Current factor” for any month spindles the production from which is (f ) Any action which, under the terms means a percentage which shall be estab equivalent to that required for filling of this order, is to be taken by the Direct lished by the Director General for Oper rated orders, and for producing rayon ations. For the month of February, yarn of the types specified in paragraph tor General for Operations, may be taken 1943, such factor shall be 100%. For (d). V by either the Director General for Oper the month of March, 1943, and for every (2) An amount of fine acetate'yarn ations or the Rubber Director. month thereafter until such time as a equal to the production of 6% of the total (P.D. Reg. 1, as amended, 6 F.R. 6680; different factor is established, such fac number of his active spindles producing W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 tor shall be 85 %^ acetate yarns of any denier, excluding F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, (IQ) “Current monthly eligibility” from such total the number of spindles 7 F.R. 2719; sec. 2 (a) Pub. Law 671, 76th means a poundage calculated as follows: the production from which is equivalent Cong., as amended by Pub. Laws 89 and Multiply the basic monthly poundage by to that required for filling rated orders, the current factor. and for producing rayon yarn of the 507, 77th Cong.) (11) “The equivalent of the current types specified in paragraph (d). Issued this 22d day of January 1943. monthly eligibility” means a poundage The reserved domestic yarn thus set aside E rnest K anzler, calculated as follows: Divide the current shall be selected in various denier sizes Director General for Operations. monthly eligibility by 100 and multiply so as to yield an average denier equal the result by the denier desired, but in [F. R. Doc. 43-1409; Filed, January 27, 1943; to or less than the average denier of the 11:07 a. m.] no event by more than 200. fine rayon yarn set aside for silk replace (d) Allocation of certain types of vis ment prior to April 1, 1942. cose rayon yarn. No producer shall sell (f) Disposition of domestic alloca or deliver any rayon yarn of the follow tion—(1) Specific allocations, (i) P art 980—R ayon Y arn ing types produced by him on or after Amounts of reserved viscose, cupram March 1, 1943, except to persons author [General Preference Order M-37-d] monium and acetate yarns equal to the ized by the Director General for Opera production of 0.5% of the remaining The fulfillment of requirements for the tions to receive delivery of such yarn: spindles referred to in paragraph (e) defense of the United States has created Viscose rayon yarn qualifying as yarn shall be held by the producer £or dis a shortage in the supply of rayon yarn of 250 denier or coarser and having an position according to specific allocations. for defense, for private account and for average tenacity designation of 31 or (ii) Persons desiring to participate in export; and the following order is higher in accordance with Table of Des such amounts of reserved domestic yarn deemed necessary and appropriate in the ignations attached hereto, irrespective of shall file application on Form PD-102. public interest and to promote the na elongation, in tests made under the fol Any allocation made by the Director tional defense: lowing conditions: General for Operations will be evidenced (1) Yarns with three turns per inch by an order on Form PD-112, the origi § 980.5 General Preference Order twist shall be used. nal and two signed duplicates of which M^37-d—(a) General effect of the order. (2) Yarn shall be conditioned until it will be forwarded to the applicant. The This order shall on February 1, 1943, reaches a regain equilibrium, approached applicant shall then, in order to secure supersede Supplementary Order M-37-c. from the dry side, in an atmosphere of the yarn, forward to the producer the (b) Applicability of priorities regula 70 degrees Fahrenheit and 57% relative two signed duplicates with his purchase tions. This order and all transactions humidity. order. Such order shall be accepted by affected thereby are subject to all appli (3) The loading rate on a constant- the producer except under circum cable provisions of Priorities Regulations rate-of-loading machine shall be from stances in which defense orders may be of the War Production Board, as amend 30 to 35, inclusive, grams per denier per rejected pursuant to Section 944.2 of ed from time to time. minute. The loading rate on a pendu Priorities Regulation No. 1. If a pur (c) Additional definitions. For. the lum type machine shall not exceed 35 chaser’s order is rejected, the provisions purposes of this order: grams per denier per minute. of Section 944.3 of Priorities Regulation (1) “Rayon yarn” means continuous (4) A denier tolerance of 3%, plus or No. 1 shall apply as if such order were a filament rayon yarn made by the vis minus, on deniers of 250 to 300 shall be defense order, and the producer reject cose, cuprammonium, or acetate process. allowed, based on the average denier of ing the order shall immediately notify (2) “Fine rayon yarn” means rayon the lot tested. A denier tolerance of 2 %, the War Production Board, jstating the yarn of 3(Î0 deniers or finer. plus or minus, on deniers coarser than reasons for his unwillingness to accept. (3) “Reserved domestic yarn” means 300 shall be allowed, based on the average (2) General allocations, (i) To the the fine rayon yarn set aside for domes denier of the lot tested. extent and under the conditions set tic consumption pursuant to the provi forth in (ii) below, amounts of reserved sions of this order. Any person desiring to receive deliveries (4) “Yarn-dyed silk” means silk which of any such yarn from a producer or viscose and cuprammonium yarns equal from the Defense Supplies Corporation to the production of 16.5% of the re was fast dyed before being woven or maining spindles referred to in para knitted. in the month of March, 1943, shall file an application for an allocation for such graph (e) (1) shall be made available, (5) “Producer” means any person who immediately and without further Gov produces rayon yarn. month with the War Production Board (6) “Domestic manufacturer” means on Form PD-739 not later than February ernmental action, to domestic manufac any person who consumed silk, nylon or 10, 1943. Any person desiring to receive turers and fabric converters for the rayon in the first six months of 1941. deliveries on or after April 1, 1943, shall manufacture of hosiery to replace their (7) “Fabric converter” means any per file an application for an allocation for former consumption of silk and nylon, son who prior to July 26, 1941, bought the calendar quarter in which such de and for the manufacture of other prod silk, nylon or rayon, and caused it to be liveries are desired on Form PD-739 not ucts to replace their former consump woven or knit for him on commission. later than the fifteenth day of the month tion of yarn dyed silk, and amounts of (8) “Basic monthly poundage” for any preceding the month before the quarter reserved acetate yar^k equal to the pro month means a poundage in terms of 106 in which such deliveries are desired. duction of 5.5% of the remaining spin denier rayon yarn equal to the monthly, (e) Allocations of amounts of rayon dles referred to in paragraph (e) (2) average number of pounds of raw silk (or yarn for domestic manufacturers. Each shall be made available in the same its thrown silk equivalent) and/or nylon producer shall, on and after February 1, manner to domestic manufacturers and consumed by a person during the first six 1943, each day set aside, to the extent fabric converters for the manufacture months of the year 1941. In applying that he possesses spindles capable of pro ducing such fine rayon yarns, of any product to replace their former the above definition to a domestic manu consumption of silk and nylon. facturer, poundage consumed shall refer (1) An amount of fine viscose or cu to the poundage consumed by the domes prammonium yarn equal to the produc (ii) No producer shall deliver any re tic manufacturer on his own machinery. tion of 17% of the total number of his served domestic yarn to any fabric con In the case of a fabric converter, it shall active spindles producing viscose or cu verter or domestic manufacturer, and FEDERAL REGISTER, Thursday, January 28, 1943 1221 no fabric converter shall deliver any such preferences shall not use any re monthly poundages to any new owners or reserved domestic yarn to any domestic served domestic yarn so obtained upon operators thereof. manufacturer, unless such purchaser any machines other than those specified (k) Doubtful cases. Whenever there shall have filed with the producer or herein in granting such preferences. is reasonable doubt as to the eligibility of fabric converter, as the case may be, a (g) Prohibtions against discrimina any person to receive reserved domestic certificate, in duplicate, on Form PD-113 tory action by producers. In making yarn hereunder, the matter should be for each of the following capacities* in sales or deliveries of any rayon yarn, no referred for determination to the Di which such yarn is to be received by him: person shall make discriminatory cuts in rector General for Operations. (a) As a domestic manufacturer re*- amounts or quantities between former (l) Reports and records. (1) Each placing silk and nylon formerly con customers and new customers or between producer with whom Forms PD-112 and sumed on his own machinery, new customers, who meet such person’s PD-113 are filed in duplicate shall (b) As a fabric converter replacing regularly established prices and terms, promptly forward to the War Production silk and nylon formerly sent out by him and, except as provided in paragraph (f ) Board, Textile, Clothing and Leather Di for commission weaving or knitting, (2) (iv) no person shall discriminate be vision, Appeal Section, Washington, and, in case such purchasèr is a fabric tween such former customers, new cus D. C., one duplicate of each such certifi converter, unless he shall have also filed tomers, and his own consumption of such cate endorsed as follows: “Supplied by with the producer the certificates re rayon yarn in any capacity: Provided, our order No.___ ” filling _n the num ceived by him from each commission however, That sales or deliveries of re ber of such supply order, together with weaver or knitter who has a current served domestic yarn to domestic manu a copy of his letter, or other form, ac monthly eligibility and by whom such facturers for the manufacture of hosiery cepting the purchaser’s order. yarn is to be woven or knit. pursuant to paragraph (f ) (2) which are (2) Each producer shall file with the (iii) No producer or fabric converter not in excess of quantities necessary to War Production Board monthly alloca shall make delivery of any such reserved permit of economical operation by the tion reports on Form PD-103, monthly domestic yarn to any domestic manufac manufacturer, taking into account the production reports on Form PD-104, and turer or fabric converter, as the case size of the manufacturer’s plant and the such other reports as may hereafter be may be, which he knows, or has reason equipment therein, shall in no case be required, giving information on the yarn to believe, will result in the receipt by considered as resulting in discriminatory produced, when so required, in terms of such domestic manufacturer or fabric acts to others. In determining the reg the attached table of designations. Each converter in that calendar month of an ular eligibility for rayon yarn other than fabric converter and domestic manufac amount of reserved domestic yam in ex reserved domestic yarn of customers of turer shall also file with the War Pro cess of such recipient's equivalent of the any producer (i. e., the amount of the duction Board such reports as may here current monthly eligibility for that residual supply, after providing for re after be required. month, or, together with stocks on hand, served domestic yarn which the producer (3) All persons operating under this will increase such recipient’s inventory will sell to such customer) in accordance order shall keep .and preserve such cer of reserved domestic yarn in the aggre with whatever method consistent with tificates and records, including a com gate to above one and one-half times this paragraph is adopted by the pro plete file of invoices covering deliveries such equivalent. No domestic manufac ducer, amounts of reserved domestic of rayon yarn, for not less than two turer or fabric converter shall order, yarn to which any customer may be en years, as will clearly and adequately show purchase, or accept from all sources for titled shall not be considered in comput their methods and rates of operation delivery in any one calendar month an ing such regular eligibility nor shall such hereunder. amount of reserved domestic yarn in regular eligibility be diminished by the (m) Communications to the War Pro excess of the equivalent of the current amounts of such reserved domestic yarn. duction Board. All reports, applications, monthly eligibility for that month, or (h) Prohibitions against sale of re forms or communications required un own, control or otherwise hold as in served domestic yarn in yarn jorm. No der or referred to in this order, and all ventory at any time an amount of re reserved domestic yarn shall be resold communications concerning this order, served domestic yarn in excess of one or exchanged in yarn form by any do shall, unless otherwise directed, be ad and one-half times the equivalent of mestic manufacturer or fabric converter dressed to War Production Board, Tex the current monthly eligibility. For the except upon the specific authorization of tile, Clothing and Leather Division, purposes of this subparagraph inventory the Director General for Operations. Washington, D. C., Ref: M-37-d. shall include all reserved domestic yarn (i) Disposition of reserved yarn not in) Appeals. Any appeal from the owned, controlled, or otherwise held by delivered in any month. All reserved provisions of this order shall be made the domestic manufacturer or fabric domestic yarn set aside for specific allo by filing a letter referring to the particu converter up to the time that it is placed cation or required to be made available lar provisions appealed from and stating on the knitting machine, loom or other for domestic consumption pursuant, to fully the grounds of the appeal. similar fabricating machine. Supplementary Order M-37-c, or set (o) Violations. Any person who wil (iv) In making deliveries of such re aside pursuant to the provisions of this served domestic yarn pursuant to sub- order, shall be distributed in accordance fully violates any provision of this order, paragraph (ii), hosiery manufacturers with the provisions of Supplementary or who, in connection with this order, operating knitting machines of 51 gauge Order M~37^c prior to February 1, 1943, wilfully conceals a material fact or fur and finer producing full-fashioned or in accordance with the provisions of nishes false information to any depart hosiery, or machines of 360 needle and this order thereafter, or held by the pro ment or agency of the United States is finer producing seamless hosiery, shall be ducer until disposed of, specifically allo guilty of a crime, and upon conviction given first preference in the 50 and 65 cated or released by the Director Gen may be punished by fine or imprison denier sizes, and those operating knitting eral for Operations. ment. In addition, any such person may machines of 45 gauge and finer, produc (j) Changes of machinery. In the be prohibited from making or obtaining ing full-fashioned hosiery, or machines event that knitting machines, looms or further deliveries of, or from processing of 320 needle and finer, producing seam similar fabricating machines which con or using, material under priority control less hosiery, shall be given first prefer sumed the basic monthly poundage of and may be deprived of priorities assist ence in the 75 denier size, such prefer the domestic manufacturer in the first ance. ences to be granted in the production of half of 1941, are, or have been, moved any one month on the basis of orders from one location to another, scrapped, (PJD. Reg. 1, as amended, 6 F.R. 6680; placed with the producer on or before the their operation discontinued, or their W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 final date set by such producer for receiv ownership or operation changed, the F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, ing orders to be filled out of such produc person or persons concerned shall imme 7 F.R. 2719; sec. 2 (a), Pub. Law 671,76th tion for such month: Provided, however, diately advise the Director General for Cong., as amended by Pub. Laws 89 and "That nothing in this subparagraph shall Operations, who shall thereupon take 507, 77th Cong.) relieve the producers from reserving and any necessary action in connection disposing of the proper proportions of therewith, including any appropriate re Issued this 27th day of January 1943. such denier sizes pursuant to paragraph visions of the basic monthly poundage, Curtis E. Calder, (f) (1) above. Manufacturers claiming and the assignment of appropriate basic , Director General for Operations. 1222 FEDERAL REGISTER, Thursday, January 28, 1943

TABLE OF DESIGNATIONS Priorities Regulation 1, hereinabove re him, or that it would result in a degree ferred to, any person who receives or of unemployment which would be un Range covered Elonga reasonably disproportionate compared Tenacity tion Range covered orders chlorinated rubber from a pro designation (grams per desig (percent) " ducer at any time after November 1, with the amount of chlorinated rubber denier) nation 1941 shall furnish to the Director Gen conserved, or that compliance with this 13...... 1.39 and lower. 10 10.5 and less. eral for Operations, War Production order would disrupt or impair a pro 15...... 1.40-1.59...... 12 10.6-12.9. Board, attention Chemicals Division, gram of conversion from nondefense to 17.. 1.60-1.79...... 14 13.0-14.9. 19 . 1.80-1.99...... 16 15.0-16.9. Washington, D. C„ information with defense work, may appeal to the War 21...... 2.00-2.19...... 18 17.0-18.9. respect to his requirements and use of Production Board, Reference: M-46, at 23 ...... 2.20-2.39...... 20 19.0-20.9. tention Chemicals Division, setting forth 25...... 2.40-2.59...... 22 21.0-22.9. such material at such times and on 2 7 ...... 2.60-2.79...... 24 23.0-24.9. such forms as the Chemicals Division of the pertinent facts and the reason he 29 ...... 2.80-2.99...... 26 25.0 and over. considers he is entitled to relief. The 31 ...... 3 00-3.19 ___ the War Production Board shall pre 33 3.20-3.39...... scribe, together with any other informa Director General for Operations may 35 ...... 3.40-3.59...... tion which said Chemicals Division may thereupon take such action as he deems 37...... 3.60-3.79...... 39...... 3.80 and over.. deem necessary for the orderly and appropriate. In designating yam'in accordance with the above table, effective operation of this order. (i) Any action which, under the terms the tenacity designation (an odd number) should be (e) Revocation of previous directions. given first and the elongation designation (an even of this order, is to be taken by the Di number) should be given next. For example, a yarn of This order supersedes and revokes all rector of Priorities, the Director of In a tenacity of 2.45 grams per denier and with an elongation previous orders, directions, and instruc of 13.6% would be referred to in terms of the above tions heretofore issued by the Director of dustry Operations or the Director table as Type 25-14. Priorities, the Director of Industry Oper General for Operations, may be taken by [F. R. Doc. 43-1410; Filed, January 27, 1943; ations and the Director General for either the Director General for Opera 11:06 a. m.] Operations applicable to chlorinated tions or the Rubber Director. rubber, to the extent that they may P art 1013—C hlorinated R ubber be inconsistent herewith: Provided, how (P.D. Reg. 1, as amended, 6 F.R. 6680; [General Preference Order M-46 as Amended ever, That nothing herein contained W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 January 22, 1943 *] shall in any way affect or modify F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, Whereas the national defense require the order with respect to deliveries of 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th ments have created a shortage of chlori chlorinated rubber heretofore on the 13th Cong., as amended by Pub. Laws 89 and nated rubber for defense, for private day of October 1941, issued by the Direc 507, 77th Cong.) account and for export, and it is neces tor of Priorities to Hercules Powder Issued this 22d day of January 1943. sary, in the public interest and to pro Company, Inc. Ernest K anzler, mote the defense of the United States, (f ) Restrictions on use. Except as may Director General for Operations. to conserve the supply and direct the be otherwise directed by the Director distribution thereof ; General for Operations, on and after [F. R. Doc. 43-1411; Filed, January 27, 1943; Now, therefore, it is hereby ordered, February 23, 1942, 11:07 a. m.] That: (1) No person shall use chlorinated P art 1029—F arm Machinery and E quip § 1013.1 General Preference Order rubber for a use riot specified below: ment and Attachments and R epair M-46—(a) Definitions. For the purposes (1) As à paint, for interior use (not in P arts T herefor of this order : cluding floor coating) in industrial plants [Amendment 1 to Limitation Order L-170, as (1) “Chlorinated rubber” means the where resistance to chemical corrosion Amended Jan. 19, 1943] reaction product of chlorine and crude is required. As a paint, for interior use rubber containing 55% to 75% of chlo in arsenals. For marine use in ship- Subdivision (ii) of paragraph (c) rine by weight, and includes the products bottom and submarine paints. (1) of § 1029.10 Limitation Order L-170 known by the trade names of Parlon and (ii) For flame-proofing fabric for mili as amended is hereby amended by delet Raolin. tary use. ing therefrom the quota percentage (2) “Producer” means any person en (iii) For tracer bullets. “130%” and inserting in lieu thereof gaged in the production of chlorinated (iv) For adhering natural and syn the quota percentage “160%.” rubber, and includes any person who has thetic rubber articles to metal. (P.D. Reg. 1, as amended, 6 F.R. 6680; chlorinated rubber produced for him (v) For core binder cement for use in WP.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 pursuant to toll agreement, or who has the manufacture of products by or for F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, purchased or purchases chlorinated the Army or Navy of the United States 7 F.R. 2719; sec. 2 (a),, Pub. Law 671,76th rubber for purposes of resale. or the United States Maritime Commis Cong., as amended by Pub. Laws 89 and '(b) Priorities Regulation 1. Control sion. 507, 77th Cong.) of the supply and direction of the dis (2) No person shall knowingly deliver tribution of chlorinated rubber is hereby chlorinated rubber for a use not speci Issued this 27th day of January 1943. taken by the Director General for Opera fied in paragraph (f) (1) above. Curtis E. Calder, tions and all future transactions of any (3) The provisions of this paragraph Director General for Operations. kind in chlorinated rubber are regulated (f) shall apply with respect to stocks of [F. R. Doc. 43-1412; Filed, January 27, 1943; and covered by the provisions and defini chlorinated rubber on hand on February 11:06 a. m.] tions contained in Priorities Regulation 23, 1942. Persons who have stocks of 1 (Part 944), as amended, except as chlorinated rubber on hand on February P art 1Ì71—E levators otherwise specifically provided herein. 23, 1942, the use of which said stocks is [General Conservation Order L-89, as (c) Restrictions on deliveries. No prohibited by provisions of this para Amended Jan. 27, 1943] producer shall, on or after November graph (f), Shall forthwith report such 1, 1941, make deliveries of any chlorin fact and the details thereof to the Section 1171.1 General Conservation ated rubber except as specifically Chemicals Division, War Production Order L-89 as heretofore amended is directed by the Director General for Board, and shall hold such chlorinated further amended to read as follows: Operations. At the beginning of each rubber for disposition by the Director The fulfillment of the requirements for calendar month the Director General for General for Operations. the defense of the United States has cre Operations will issue to all producers (g) Notification of consumers. Pro ated a shortage in the supply of certain specific directions covering deliveries of ducers shall, as soon as practicable, critical materials used in the manufac chlorinated rubber which may be made notify each of their regular consumers of ture of elevators for defense, for private by such producers during such month. the requirements and restrictions con account and for export; and the follow (d) Records and reports. In addition tained in this order, but the failure to ing order is deemed necessary and appro to the records and reports required by give such notice shall not excuse any priate in the public interest and to prQ- person for the obligation of complying mote the national defense: 1 This document is a restatement of Amend with the terms of this order. § 1171.1 General Conservation Order ment 3 to General Preference Order M-46 (h) Appeals. Any person affected by L-89—(a) Definitions. For the purpose which appeared in the F ederal R e g ist e r of January 26, 1943, page 1094, and reflects the this order who considers that compli of this order: order in its completed form as of January 22, ance therewith would work an excep (1) “Person” means any individual, 1943. tional and unreasonable hardship upon partnership, association, business trust, FEDERAL REGISTER, Thursday, January 28, 1943 1993 corporation, governmental corporation whether such authorization was issued damage, destruction or failure of parts, or agency, or any organized group of before or after January 27, 1943. or other similar causes. persons, whether incorporated or not. (2) The limitations and restrictions of (f) Schedules. (1) On or before the (2) “Elevator” means any hoisting and this paragraph shall not apply; (i) to 10th day of February, 1943, and of each lowering mechanism, equipped with a car any order for parts, equipment or acces succeeding calendar month, every manu or platform which moves in guides in a sories (other than for maintenance and facturer shall file with the War Produc substantially vertical direction; includ repair, as defined in paragraph (e)) in tion Board a report on Form PD-562, ing hydraulic, hydro-electric and hand an aggregate amount not in excess of giving such information as shall be re power elevators, dumbwaiters, home-lifts, $25.00, for installation on any single quired by said form. (2) Regardless of elevettes; but excluding mine material elevator; or (ii) to any order (or to man the terms of *any other order, rule or hoists and portable elevators. The term ufacture in fulfillment of any order) regulation of the War Production Board, shall also mean inclinators, and electri placed with a supplier by a manufacturer the Director General for Operations may cally operated passenger elevating de or dealer for any elevator or parts to be at any time prescribe a production or vices appurtenant to stationary stair delivered to the latter for resale or delivery schedule for any manufacturer; ways. further manufacture, but such limita direct the delivery of any elevator or (3) “Essential hardware” means metal tions and restrictions shall apply to any elevator parts, equipment, or accessories, fastenings, reinforcing angles and plates, resale of such elevator or parts, or of the in production or completed to any per gate guides and shoes, recess panels, in elevator into which any such parts shall son; or direct the cancellation of any terlocks, pulleys, gate counterweights be incorporated. For the purposes of order held by any manufacturer. In the and car light fixtures, used in the manu this subparagraph, delivery by any such event that the Director General for Op facture or repair of elevators. supplier to the purchaser designated by erations shall prescribe a schedule, as (4) “Manufacture” means the produc any such manufacturer or dealer shall be above provided, the manufacturer shall, tion or construction of an elevator, or deemed delivery toHhe manufacturer or to the extent possible, produce and de the production of any parts, equipment . dealer and resale by him. liver in accordance therewith, and shall or accessories to be attached to or in (c) Procedure for securing authoriza make no changes therein without the corporated in any elevator; or the assem tion for restricted orders. The authori specific authorization of the Director bly of any parts, equipment or acces zation of the Director General for Opera General for Operations. sories for the purpose of producing or tions required by paragraph (b) shall be (g) Miscellaneous provisions — (1) constructing an elevator or any portion obtained by the purchaser who may Exemptions. The limitations and re thereof; but does not include assembly make application therefor on Form PD- strictions of paragraphs (b), (c) and or Installation of the finished sections or 411. The Director General for Opera (d) of this order shall not apply to any portions of an elevator at the site of ulti tions may grant any such application elevator or elevator parts, equipment or mate use of the elevator. upon such conditions, if any, as he shall accessories to be installed and used (5) .“Manufacturer” means any person specify. The authorizations of the Di aboard any ship owned or operated by who manufactures any new elevator or rector General for Operations on Form the Army, Navy, Maritime Commission any parts, equipment, or accessories to be PD-411 may also grant to the order, if or War Shipping Administration. attached to or incorporated in any ele theretofore unrated, a preference rating. (2) Records and reports. All persons vator, and includes any sales or distri (d) Restrictions on use of materials. affected by this order shall keep and bution outlets controlled by any such (1) No non-ferrous metals, or stainless preserve for not less than 2 years ac person. or alloy steel shall be used in the manu curate and complete records concern (6) “Dealer” means any person who facture of hoistway doors, car doors or ing inventories, production and sales. purchases new elevator parts, equipment gates, car or landing thresholds, face All persons affected by this order shall or accessories for resale but does not in plates of operating or signal fixtures; or execute and file with the War Production clude any sales or distribution outlets in the manufacture of parts therefor. Board, such reports and questionnaires controlled by any manufacturer. (2) No non-ferrous metals or steel as the Director General for Operations (7) “Order" means any commitment shall be used in the manufacture of shall from time to time request. or other arrangement for the delivery of hanger cover plates, facias, passenger (3) Other limitation orders. Where an elevator or parts or accessories there cabs (not including gates or doors), or the limitations imposed by any other L for; and includes any group of purchase freight elevator side guards or car gates; or M Order are applicable to the subject orders for equipment planned or antici or in the manufacture of parts therefor; matter of this order, the most restrictive pated for related deliveries, or to serve except that this restriction shall not ap limitation shall apply, unless otherwise a common purpose, with respect to an ply to essential hardware. specifically provided herein. elevator. (3) The provisions of this paragraph (4) Violations. Any person who wil (8) “Restricted order” means any shall not apply to manufacture of the fully violates any provision of this order, order (i) for a new elevator; or (ii) for items specified above from material or who, in connection with this order, changing the method of operation or which was fabricated on January 27, wilfully conceals a material fact or fur control of any elevator then existing; or 1943, to the point where use for other nishes false information to any depart (iii) for parts, equipment, or accessories purposes would be impracticable. ment or agency of the United States is of any. kind to be incorporated in, or in (e) Non-applicability to maintenance guilty of a crime, and upon conviction stalled on, any elevator then existing. and repair. The limitations and restric may be punished by fine or imprison For purposes of this paragraph, “opera tions of paragraph (b) shall not apply ment. In addition, any such person may tion” means the method of actuating the to any order (1) for maintenance and be prohibited from making or obtaining controller; and “control” means the sys repair parts in an aggregate amount not further deliveries of, or from processing tem of regulation by which the starting, exceeding $500 for any single elevator to or using, material under priority control stopping, direction of motion, accelera be repaired or maintained, or (2) for/ and may be deprived of priorities assist tion, speed, and retardation of an ele repair parts in any amount for any ele ance. vator are governed. vator when, and only when, there has (5) Appeals. Any appeal from the pro (b) Restrictions on acceptance of or been an actual breakdown or suspension visions of this order shall be made by fil ders for and manufacture of elevator of operations of the elevator because of ing a letter in triplicate, referring to the and parts. (1) Except as otherwise pro the necessity for repair and the es particular provision appealed from and vided in this paragraph or in paragraph sential repair parts are not otherwise stating fully the grounds of the appeal. (e) no person shall (i) accept any re available. As used in this paragraph (6) Communications. All reports re stricted order, or (ii) commence the quired to be filed hereunder, and all com manufacture of any elevator or any ele “maintenance” shall mean the upkeep munications concerning this order, shall, vator parts, equipment or accessories in of an elevator or elevator structure in unless otherwise directed, be addressed fulfillment of any restricted order; un sound working condition; and “repair” to: War Production Board, General In less the order has been authorized by the shall mean the restoration, without dustrial Equipment -Division, Washing Director General for Operations as pro change of design, of any portion of an ton, D. C. Ref.: L-89. vided in paragraph (c). An authoriza elevator or elevator structure to sound (PD. Reg. 1, as amended, 6 F.R. 6680; tion granted by the Director General for working condition, when such portion WP.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 Operations under paragraph (c) shall has been rendered inoperative or unsafe F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, meet the requirements of this paragraph, or unfit for service by wear and tear, 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th 1224 FEDERAL REGISTER, Thursday, January 28, 1943 Cong., as amended by Pub. Laws 89 and for any other purpose. This cetification is prescribed by paragraph (b) (2) hereof, made in accordance with the terms of Con shall be filed for each sale, transfer or 507, 77th Cong.) servation Order M—131, as aihended, with Issued this 27th day of January 1943. which I am famiUar. delivery pursuant to this paragraph (c) N am e------*------(5). The word “quinine” in such cer Curtis E. Calder, Director General for Operations. By ...... tificate shall be construed to include any (In the case of totaquine) such quinine anti-malarial agent. [F. R. Doc. 43-1406; Filed, January 27, 1943; 11:06 a. m.] I hereby certify that the totaquine (or (d) Reports. All persons affected by product containing totaquine) ordered here this order shall file such reports as may by (specify quantity on reverse side) is for be required from time to time by the use as an anti-malarial agent and will not be Director General for Operations. P art 1184—Quinine and Other D rugs sold, transferred or delivered by me for any (e) Applicability of priorities regula Extracted P rom Cinchona B ark other purpose. This certification is made in accordance with the terms of Conservation tions. This order and all transactions [Conservation Order M-131, as Amended Order M-131, as amended, with which I am affected hereby are subject to all appli Jan. 27, 1943] familiar. cable provisions of the priorities regula § 1184.1 Conservation Order M-131— Name ______;------— tions of the War. Production Board, as (a) Definitions. For the purposes of this B y ------amended from time to time. order: (In the case of cinchona bark) (f) Appeals. Any appeal from the provisions of this order shall be made by (1) “Quinine” means quinine alka 'I hereby certify that the cinchona bark loid extracted from Cinchona bark, and ordered hereby (specify quantity on reverse filing a letter referring to the particular the quinine salts derived from quinine side) is for primary use for manufacture of provision appealed from and stating alkaloid. quinine or totaquine, And will not be sold, fully the grounds of the appeal. (2) “Cinchona bark” means the bark transferred or delivered by me for any other (g) Violations. Any person who wil obtained from Cinchona Succirubra P. purpose. This certification is made in ac* fully violates any provision of this order, et K. Calisaya W; C. Ledgeriana N. et cordance with the terms of Conservation or who, in connection with this order, T., also known as Calisaya, Peruvian Order M-131, as amended, with which I am wilfully conceals a material fact or fur familiar. nishes false information to any depart or Jesuit’s bark, and from its hybrids. Name ______(3) “Totaquine” means a mixture of By ...... ment or agency of the United States is alkaloids from the bark of Cinchona guilty of a crime, and upon conviction Succirubra Pavon and other species of Such certification shall constitute a rep may be punished by fine or imprison Cinchona, which mixture meets the resentation to the War Production Board ment. In addition, any such person may standards of the United States Phar and the seller or supplier of the facts be prohibited from making or obtaining macopeia. stated therein. The seller or supplier further deliveries of, or from processing (4) “Anti-malarial agent” means any shall be entitled to rely on such repre or using, material under priority con product or material which according to sentation unless he knows or has reason trol and may be deprived of priorities modem medical opinion, is recognized to believe it to be false. Any person assistance. as a specific for suppression, alleviation making such certification shall use such (h) Communications to War Produc or cure of malarial infections. quinine, totaquine or cinchona bark only tion Board. All reports required to be (b) Restrictions on the purchase, sale for the purposes permitted by this order. filed hereunder, and all communications and use of quinine, totaquine and cin Such certificates shall be filed with the concerning this order, shall, unless oth chona bark. (1) No person shall sell, person making delivery and not with the erwise directed, be addressed to: War transfer or deliver, or purchase or accept War Production Board. Production Board, Drugs and Cosmetics any transfer or delivery of, or process (c) Applicability of order. The re Section, Chemicals Division, Washing or combine with other materials: strictions and provisions of this order ton, D. C. Ref.: M-131. (1) Any quinine, except for use as an shall not apply to : (P.D. Reg. 1, as amended, 6 P.R. 6680; anti-malarial agent, and then only in (1) Any stock of cinchona bark con W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 ampoule form, uncombined with ingre sisting of less than 50 pounds, physically F.R. 329; E.Ó. 9040, 7 F.R. 527; E.O. 9125, dients other than necessary solvent and located at any one place on April 30, 7 F.R. 2719; sec. 2 (a), Pub. Law 671,76th preservative, or in powder, 5-grain tab 1942. Cong., as amended by Pub. Laws 89 and let, or 5-grain capsule form, uncombined (2) Purchases by importers of quinine, 507, 77th Cong.) with ingredients other than necessary totaquine, or cinchona bark to be deliv fillers and excipients: Provided, how ered from outside the continental United Issued this 27th day of January 1943. ever, That licensed pharmacists may States: Provided, That any subsequent Curtis E. Calder, compound quinine in any form, upon dealing in such materials after their im Director General for Operations. individual prescriptions written by li portation is governed by this order. [F. R. Doc. 43-1413; Filed, January 27, 1943; censed physicians for quinine as an anti- (3) Any transaction affecting, or any 11:06 a. m.] malarial agent; use of, any quinine which on April 4, (ii) Any totaquine, except for use as 1942, or totaquine or cinchona bark an anti-malarial agent; which on April 30, 1942, had been com (iii) Any cinchona bark, except for bined or compounded with other medici P art 3080—Chemical F ertilizers primary use for the manufacture of qui nal agents; but any transaction affect [Revocation of Conservation Order M-231] nine sulphate USP, quinine hydrochlo ing or any use of, any quinine, totaquine, The subject matter thereof having been ride USP, quinine dihydrochloride USP, or cinchona bark, which has been com reissued with certain amendments over or totaquine USP. bined or compounded with other medici the signature of the Secretary of Agri (2) Except in the case of a sale, trans culture: fer or delivery to an ultimate consumer, nal agents after said dates is governed by this order. Section 3080.1 Conservation Order no person shall sell, transfer or deliver M-231 is hereby revoked in its entirety. any quinine, totaquine or cinchona bark, (4) Any transaction affecting, or any except upon receipt of a certificate man use of, any quinine and urea hydrochlo (P.D. Reg. 1, as amended, 6 F.R. 6680; ually signed by the person purchasing or ride (U.S.P.) or quinine hydrochloride WP.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 F.R. accepting transfer or delivery or a duly and urethane which had been com 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 authorized official, in substantially the pounded on January 9, 1943. F.R. 2719; sec. 2 (a), Pub. Law 671, 76th following form, and specifying on the (5) Any transaction affecting, or any Cong., as amended by Pub. Laws 89 and reverse side the quantity involved in the use of, any anti-malarial agent manu 507, 77th Cong.) transaction: factured on or before January 9, 1943, Issued this 27th day of January 1943. (In the case of quinine) pursuant to the provisions of this order Curtis E. Calder, I hereby certify that the quinine ordered M-131 as in effect prior to January 9, Director General for Operations. hereby (specify quantity on reverse side) is 1943: Provided, however, That a cer for use as an anti-malarial agent, and wiU [F. R. Doc. 43-1414; Filed, January 27, 1943; not be sold, transferred or delivered by me tificate in the form and in the manner 11:07 a. m.] FEDERAL REGISTER, Thursday, January 28, 1943 1225 Chapter XI—Office of Price Administration other government, or any of its political a railroad car or a vessel for shipment P art 1306—I ron and Steel subdivisions, or any agency of any of the to the consumer. [MPR310] foregoing. § 1306.552 Maximum prices—(a) (2) “Reusable structural steel shape” Maximum shipping point price. On and REUSABLE STRUCTURAL STEEL SHAPES AND means any used I-beam, H-colump, wide PLATES, AND SHAFTING after February 1,1943, regardless of any flange section,' channel, angle, Z-bar, tee, contract, agreement, lease or other obli In the judgment of the Price Adminis rod, flat, strip, structural steel bar or gation, no person shall sell or deliver re trator it is necessary and proper to other used structural steel shape; it also usable structural steel shapes, reusable establish maximum prices for sales of includes crop ends of unused shapes structural steel plates, or reusable steel reusable structural steel shapes and originating in shipbuilders’ or in other shafting (herein sometimes collectively plates, and reusable steel shafting, by fabricators’ yards or plants; all of suit referred to as “such reusable products”) a separate maximum price regulation. able size and quality without further re to a consumer, and no consumer shall Heretofore, maximum prices for these conditioning for use for the purposes for buy or accept delivery of any such re products have been established by Re which new structural steel shapes are usable products at a price higher than vised Price Schedule No. 49—Resale of customarily used, and meeting all of the 2.75 cents per pound, at shipping point, Iron and Steel Products.1 The Price following specifications: they must be and no such person or consumer shall Administrator has ascertained and given commercially straight, free from exces sive rust, detrimental attachments, and agree, offer, solicit or* attempt to do any due consideration to the prices of such of the above. The provisions of this sec reusable products prevailing between pits deeper than twenty percent of the original theoretical thickness; must tion shall not apply to sales or deliveries October 1 and October 15, 1941, and has of such reusable products to a consumer made adjustments for such relevant fac weigh within seven and one-half percent of the theoretical weight of new shapes if prior to February 1,1943, such products tors as he has determined and deemed had been received by a carrier other than to be of general applicability. So far as of the same dimensions; and must not have been damaged by heat or fire; and a carrier owned or controlled by the seller practicable, the Price Administrator has for shipment to the consumer. advised and consulted with representa the theoretical cross-sectional area at any point shall not have been reduced (b) Maximum extras for services. tive members of the industry which will Whenever, at the specific request of the be affected by this Maximum Price Reg by more than twenty percent, nor shall the total area of the repaired surface of consumer, one or more pieces are cut, or ulation. any'piece exceed ten percent of the total drilled, an extra charge may be made for In the judgment of the Price Adminis surface area of that piece. each such service: Provided, That the trator the maximum prices established (3) “Reusable structural steel plate” total of these charges shall not exceed by this regulation are and will be gen means any used structural steel plate, one-fourth cent per pound. The extra erally fair and equitable and will effectu One-eighth of an inch or thicker, includ charge may be added only to the price for ate the purposes of the Emergency Price ing unused crop ends originating in ship the piece or pieces on which the service Control Act of 1942. A statement of builders’ or other fabricators’ yards or or services are performed. considerations involved in the issuance plants, of suitable size and quality with (c) Maximum charges for delivery. of this regulation has been issued simul out further reconditioning for use for The maximum delivery charge shall be taneously herewith and has been filed the purposes for which new structural the established charge from the shipping with the Division of the Federal Reg steel plates are customarily used, and point to the point of delivery by the mode ister.* meeting all of the following specifica of transportation employed: Provided, Therefore, under the authority vested tions: they must be reasonably true to That no charge may be made for delivery in the Price Administrator by the Emer line, free from excessive rust, detrimental within the seller’s customary free deliv gency Price Control Act of 1942, as attachments, and pits deeper than ery area. Where transportation from amended, and Executive Order No. 9250, twenty percent of the original theoreti shipping point to point of delivery in and in accordance with Revised Proce cal thickness, must weigh within s6ven cludes water movement and if no estab dural Regulation No. I,2 issued by the and one-half percent of the theoretical lished charge exists for such movement, Office of Price Administration, Maximum weight of new plate of the same dimen then the actual charge incurred in such Price Regulation No. 310 is hereby issued. sions, and must not have been damaged movement may be included in the deliv Sec. by heat or fire, and the total area of the ery charge. Where transportation from 1306.551 Definitions. repaired surface must not exceed ten shipping point to point of delivery in 1306.552 Maximum prices. percent of the total area of that piece. cludes water movement and there are no 1306.553 Taxes. . (4) “Reusable steel shafting” means established dock charges the actual 1306.554 Less than maximum prices. used steel shafting of any size and charges incurred at the dock may be in 1306.555 Geographical application. length, and unused crop ends originating cluded in the delivery charge. For the 1306.556 Evasion. purposes of this regulation, such reusable 1306.557 Records and reports. in shipbuilders' or other fabricators’ 1306.558 Licensing order applicable. yards or plants, meeting all of the fol products are at their point of delivery 1306.559 Enforcement. lowing specifications: they must be com when they have arrived for unloading at 1306.560 Petitions for amendment. mercially straight, free from excessive the point designated by the buyer: Pro 1306.561 Applicability of other maximum rust, pits and abrasions, and must not vided, That if the buyer designates a price regulations or revised price have been damaged by heat or fire. point away from a railroad-siding and schedules. delivery is by rail, they áre at their point 1306.562 Effective dates. (5) “Consumer” means a person who purchases reusable structural s t e e l of delivery when they have arrived for Au t h o r it y : §§ 1306.551 to 1306.562, Inclu shapes or reusable structural steel plates^- unloading at the rail siding nearest the sive, issued under Pub. Laws 421 and 729,77th point designated by the buyer. Cong., E.O. 9250, 7 PJt. 7871. or reusable steel shafting for his own use or for use as an integral part of a fabri (d) Maximum delivered prices. The § 1306.551 Definitions. (a) When cated unit. maximum delivered prices for such reus used in this regulation the term: (6) “Shipping point” means, in the able products sold to a consumer shall (1) “Person” includes an ^individual, case of a shipment wholly or partially not exceed the sum of the maximum corporation, partnership, association, or by rail, vessel, or combination thereof, shipping point price, maximum extra any other organized group of persons, or the point at which such shipment has charges when applicable and the maxi legal successor or representative of any been placed on a railroad car or a vessel mum delivery chargés. of the foregoing, and includes the United for shipment to the consumer; in the (e) Maximum prices for export. States or any agency thereof, or any Maximum prices at which a person may case of shipment solely by motor vehicle, sell such reusable products to any per the point at which such shipment has son, whether or not a consumer, for ex * Copies may be obtained from the Office of been loaded on such vehicle for shipment port may not exceed the maximum prices Price Administration. to the consumer; and in a case in which 17 F.R. 1300,2132, 2473,2540,3330,3893,4342, established by this regulation for sales to 5176, 6385, 6893, 6935, 7239, 8948, 10844; 8 F.R. movement by motor vehicle precedes consumers. 319. rail or vessel movement the point at (f) Adjustable pricing. Any person s7 F.R 8961. which the shipment has been placed on may offer or agree to adjust or fix prices 1226 FEDERAL REGISTER, Thursday, January 28, 1943 to or at prices not in excess of the maxi reports to the Office of Price Administra P art 1340—F uel mum prices in effect at the time of de tion as it may from time to time require. [M PR 137,1 Amendment 19] livery and, where a petition for amend § 1306.558 Licensing order applicable. PETROLEUM PRODUCTS SOLD AT RETAIL ment has been made pursuant to The provisions of Supplementary Order § 1306.560 of this regulation, may offer No. 17,3 licensing persons subject to Re . A statement of the considerations in or agree to adjust prices upon deliveries vised Price Schedules 464 and 49,5 and volved in the issuance of this amend made during the pendency of the peti Maximum Price Regulation 1596 are ap ment has been issued simultaneously tion in accordance with thé disposition plicable to every person selling such re herewith and has been filed with the of the petition. usable products for which maximum Division of the Federal Register.* § 1306.553 Taxes. As to any tax upon, prices are established by this regulation. In § 1340.86 a new paragraph (e) is or incidental to, the sale or deliveiy of That order provides in substance that a added, in § 1340.90 (a) subparagraph (12) such reusable products imposed by any license is required of every person selling, is amended, and in § 1340.91 a new para statute of the United States or statute such reusable products for which maxi graph (1) is added as set forth below; or ordinance of any state or subdivision mum prices are established by this regu § 1340.86 Statement and posting of thereof, if the statute or ordinance im lation, that every person subject to this maximum prices of motor fuels sold at posing such tax does not prohibit the regulation is granted a license as a con retail establishments. * * * seller from stating and collecting the tax dition of selling such reusable products (e) (1) Any person subject to the pro separately from the purchase price, and hereunder, and that every such person visions of this Maximum Price Regula the seller does separately state it, the may in the future be required to register tion No. 137 selling naphthas, solvents, seller may collect, in addition to the with the Office of Price Administration mineral spirits, kerosene, No. 1 fuel oil maximum price, the amount of the tax at such time and in such manner as the and heavier distillate fuel oil as anti actually paid by him or an amount equal Administrator may prescribe. Licensees freeze preparations at retail establish to the amount of tax paid by any prior violating any of the provisions of this ments shall file with the appropriate vendor and separately stated and col regulation or of said license are subject War Price and Rationing Board within lected from the seller by the vendor from to the license suspension proceedings pro 5 days after February 1, 1943, or the in whom he purchased. vided in the Emergency Price Control Act of 1942. itial sale, whichever is later, a written § 1306.554 Less than maximum prices. statement setting forth the following Lower prices than those set forth in this § 1306.559 Enforcement. Persons vio with respect to such petroleum fractions: regulation may be charged, demanded, lating any provisions of this regulation (1) The seller’s maximum price as de paid or offered. are subject to the criminal penalties, civil termined by 1340.91 (1), enforcement actions, license suspension (ii> The delivered cost at the particu § 1306.555 Geographical application. proceedings, and suits for treble damages The provisions of this regulation shall lar retail establishment, and provided for by the Emergency Price (iii) A description thereof by refer be applicable to the forty-eight States Control Act of 1942. x and the District of Columbia. ence to trade name and type, such as § 1306.560 Petitions Jor amendment. naphtha type or kerosene type. § 1306.556 Evasion. The price limi Any person seeking an amendment of any (2) Any change in delivered cost of tations set forth in this regulation shall provision of this regulation may file a naphthas, solvents, mineral spirits, kero not be evaded by direct or indirect petition for amendment in accordance sene, No. 1 fuel oil and heavier distillate methods. with the provisions of Revised Procedural fuel oil sold as an anti-freeze prepara § 1306.557 Records and reports. Ja) Regulation No. I.7 tion shall be reported in writing to the Every person making a sale of such re § 1306.561 Applicability of other maxi appropriate War Price and Rationing usable products after January 31, 1943, mum price regulations or revised price Board within 5 days after such change shall render an invoice to the consumer schedules—(a) Revised Price Schedule occurs. for each such sale, showing separately No. 49* This regulation supersedes § 1340.90 Definitions, (a) * * * the date; name and address of the con § 1306.159 (1) of Revised Price Sched (12) “Petroleum products” means mo sumer; a description of each item (indi ule No. 49 as to sales for which maximum tor fuel as defined in § 1340.90 (a) (2), cating whether I-beam, H-column, chan prices are established by this Regulation. kerosene, range oil, No. 1 fuel oil, clean nel, angle, steel plate, shafting, etc.), (b) Revised Price Schedule No. 4* er’s or other naphthas, motor lubricating including the measurements (length, M a x im u m prices for usedsiryctural steel oil and solvents, mineral spirits, and all width and thickness, or length and diam shapes and plates and shafting, and crop distillate fuel oils and other petroleum eter in the case of shafting), and the ends from structural steel shapes and fractions when sold as anti-freeze ' total quantity in lineal feet (or squ'are plates and shafting, which do not meet preparations. feet) and the total weight; the shipping thè specifications described in §1306.551 * * * * * point price per pound; the total price; the delivery charge (if any) ; and the (a)(2), (3) and (4), are established by § 1340.91 Appendix A: Maximum charge (if any) for extras; the city or Revised Price Schedule No. 4—Iron and prices for petroleum products sold at re town and state nearest the shipping Steel Scrap. Revised Price Schedule No. tail establishments. * * * point; the city or town and átate near 4 established maximum prices only on (1) (1) The maximum price at a re est the point of delivery; and the mode of sales to consumers as defined therein. tail establishment for naphthas, sol transportation used to deliver the prod § 1306.562 Effective dates, (a) This vents, mineral spirits, kerosene, No. 1 uct; except that in the case of the bulk Maximum Price Regulation No. 310 fuel oil or heavier distillate fuel oil shall sales a public scale receipt may be sub (§§ 1306.551 to 1306.562 inclusive) shall be the sum of the delivered cost per stituted for the description of each item. become effective February 1, 1943. gallon thereof at the retail establish The seller must also show on each in ment and 30 per gallon. The maximum voice by the word “used” that each such Issued this 26th day of January 1943. price for the particular product at the reusable product is not new or of new P r e n t is s M. B r o w n , particular retail establishment shall be quality, and the invoice must bear the Administrator. automatically adjustable as the de words “sold subject to Maximum Price livered cost thereof at the particular re Regulation No. 310.” Such invoice shall [F. R-Doc. 43-1341; Filed, January 26, 1943; tail establishment changes. For the be retained by the consumer, and a copy 3:00 p. m.] purposes of this paragraph (1) the de shall be retained by the seller, for in-, *7 F.R. 7239, 11007. livered cost shall be deemed to change spection by the Office of Price Adminis 4 7 f .R. 1295, 2132, 2508, 3446, 8948, 10528. tration, for a period of not less than BSee supra footnote1. •Copies may be obtained from the Office two years, or as long as the Emergency • 7 FJR. 4339, 5710, 4428, 8948, 8 F. R. 970. of Price Administration. Price Control Act of 1942 shall be in TSee supra footnote*. *7 F.R. 3165, 3749, 4273, 4653, 4780, 4853, effect, whichever is shorter. * See supra footnote s. 5363, 5868, 5941, 6057, 68°S, 7902, 8353, 8938, (b) Persons affected by this regula 9 7 F.R. 1207, 2132, 2155, 2507, 3087, 3550, 8948, 9335, 10684, 11008, 11112, 11075; 8 F.R. tion shall submit such other or further 3889, 4488, 6217, 8190, 8948, 10151; 8 F.R. 857. 231, 232. FEDERAL REGISTER, Thursday, January 28, 1943 1227 only after the seller has sold an amount Paving and cut-back asphalts, asphalt manufacturer’s plant to the storage equal to the volume on hand at the time emulsions, road oils, roofing asphalt and facilities of the jobber or distributor, and the change in delivered cost occurs. roofing flux. 20 per gallon. The maximum price of (2) In connection with each sale at a For the time being industrial lubricat the jobber or distributor shall be auto retail establishment of naphthas, sol ing oils, industrial naphthas and sol matically adjustable as the cost of trans vents, mineral spirits, kerosene, No. 1 vents, greases, and specialty products portation from manufacturer’s plant to fuel oil or heavier distillate fuel oil as an (such as household oils and spot re the storage facilities of the jobber or dis anti-freeze preparation, the seller shall movers) are excluded from the list of tributor changes. For the purposes of notify the purchaser that the anti-freeze petroleum products subject to Revised this provision the cost of transportation preparation is a petroleum fraction de Price Schedule No. 88. shall not be deemed to change until the scribing it by reference to type such as Asphalts and asphalt products not seller has sold an amount equal to the naphtha type or kerosene type and that listed above are not for the time being volume on hand at the time the change the preparation may cause overheating included in the term “petroleum prod in transportation cost occurs. and rubber deterioration. ucts” as defined above. (/) The maximum price delivered to a § 1340.93a Effective dates of amend- . § 1340.159 Appendix A: Maximum retail establishment which any reseller merits. * * * prices for petroleum and petroleum prod having no storage facilities may charge (t) Amendment No. 19 (§§ 1340.86 (e), ucts. * * * for naphthas, solvents, mineral spirits, 1340.90 (a) (12), 1340.91 (1)> to Maxi (c) Specific prices. * * * kerosene, No. 1 fuel oil and heavier dis mum Price Regulation No. 137 shall be (3) Distillate fuel oils. * * * tillate fuel oil sold as an anti-freeze come effective February 1, 1943, and (xiii) Petroleum fractions sold as anti preparation shall be the sum of the maxi shall, unless earlier revoked or replaced, freeze preparations in 1-gallon glass mum price thereof f. o. b. the manufac expire on March 1,1943. jars, (a) The maximum price of kero turer’s plant and 2 cents, (Pub. Laws 421 and 729, 77th Cong.; sene, No. 1 fuel oil and heavier distillate § 1340.158a Effective dates of amend E.O. 9250, 7 F.R. 7871) fuel oils when sold as anti-freeze prepa ments. * * * rations in 1-gallon glass jars shall be (hhh) Amendment No. 60 (§§ 1340.157 Issued this 26th day of January 1943. 300 a gallon f. o. b. manufacturer’s (b), 1340.159 (c) (3) (xiii)) to Revised P rentiss M. Brown, plant: Provided, howevér, That in the Price Schedule No. 88 shall become effec Administrator: States of Oregon, Washington, Califor tive February 1, 1943, and shall, unless [P. R. Doc. 43-1340; Piled, January 26, 1943; nia, Idaho, Montana, Nevada, Utah, Ari earlier revoked or replaced, expire on 2:59 p. m.] zona, Colorado, New Mexico And Wyo March 1, 1943. ming the maximum price for kerosene, No. 1 fuel oil and heavier distillate fuel (Pub. Laws 421 and 729, 77th Cong.; E.O. oils when sold as anti-freeze prepara 9250, 7 PH. 7871) P art 1340—F uel tions in 1-gallon glass jars shall be 330 Issued this 26th day of January 1943. [RPS 88,1 Amendment 60] a gallon f. o. b. manufacturer’s plant. (b) The maximum price of naphthas, P rentiss M. Brown, PETROLEUM AND PETROLEUM PRODUCTS solvents and mineral spirits, when sold Administrator. A statement of the considerations in as aftti-freeze preparations in 1-gallon [F. R. Dno. 43-1342; Piled, January 26, 1943; volved in the issuance of this amendment glass jars shall be 350 a gallon, f. o. b. 2:59 p. m.] is issued simultaneously herewith and manufacturer’s plant: Provided, how has been filed with the Division of the ever, That in the States of Oregon, Federal Register.* Washington, California, Idaho, Mon In § 1340.157, paragraph (b) is tana, Nevada, Utah, Arizona, Colorado, P art 1340—F uel amended and in § 1340.159 (c) (3), a new New Mexico and Wyoming the maximum [RPS 88,1 Amendment 61] subdivision (xiii) is added as set forth price for naphthas, solvents, mineral below: spirits and other petroleum fractions PETROLEUM AND PETROLEUM PRODUCTS lighter than kerosene when sold as anti § 1340.157 Definitions. * * * freeze perparations in 1-gallon glass jars A statement of the consideration in (b) “Petroleum products” means: shall be 380 a gallon f. o. b. manufac volved in the issuance of this amend All grades of gasoline, including natu turer’s plant. ment has been issued simultaneously ral gasoline and blending naphthas; also (c) The maximum price of a petro herewith and has been filed with the special hydrocarbon fractions utilized in leum fraction when sold by the manu Division of the Federal Register.* the manufacture of gasoline or the com facturer thereof as an anti-freeze prep A new subdivision (lx) is added to ponents thereof. aration in bulk or in any container other § 1340.159 (c) (6) as set forth below: Liquefied petroleum gases. than a 1-gallon glass jar shall be a price Tractor distillates and similar distil f. o. b. the manufacturer’s plant deter § 1340.159 Appendix A: Maximum late type motor fuels other than gasoline. mined in accordance with § 1340.159 (b) prices for petroleum and petroleum Kerosene, including range oil or stove (7) of this Revised Price Schedule No. 88. products. . * * * oil. T (d) There shall be placed on each (c) Specific prices. * * * Distillate burning, heating or fuel 1-gallon glass jar or other container of (6) Residual fuel oils. * * * oils. naphthas, solvents, mineral spirits, kero (ix) California. The maximum prices, Diesel fuel oils. sene, No. 1 fuel oil and heavier distillate exclusive of taxes, f. o. b. refineries for Residual burning, heating or fuel oils. fuel oil sold as an anti-freeze prepara Pacific Standard No. 300 fuel oil having Lubricating oils, including motor, avi tion by the manufacturer thereof a label a viscosity of not less than 25 and not ation and stock oils (neutrals, bright immediately below the brand name of stocks, steam refined stock and other more than 60 seconds Saybolt Furol (at the product containing a statement in 122° F.) and of Pacific Standard No. 400 stocks oils). 12 point bold face or larger type setting Naphthas, solvents, mineral spirits forth the following: “Type—(Kerosene fuel oil having a viscosity of not less than and other petroleum fractions when sold or Naphtha)—May cause overheating 60 seconds Saybolt Furol (at 122° F.) as anti-freeze preparations. and rubber deterioration.” when sold to consumers or refiners in (eK'The maximum price delivered to bulk lots for delivery by tank car or mo ♦Copies may be obtained from the Office of a retail establishment which any jobber tor transport shall be as follows: Price Administration. or distributor of naphthas, solvents, min *7 F.R. 1371, 1107, 1798, 1799, 2132, 2304, eral spirits, kerosene, No. 1 fuel oil and >7 P.R. 1107, 1371, 1798, 1799, 1886, 2132, 2352, 2634, 2945, 3116, 3166, 3482, 3524, 3552, heavier distillate fuel oil sold as an anti 2304, 2352, 2634, 2945, 3463, 3482, 3524, 3576, 3576, 3895, 3963, 4483, 4653, 4854, 4857, 5481, 3895, 3963, 4483, 4653, 4854, 4857, 5481, 5867, 5867, 5868, 5988, 6057, 6167, 6471, 6680, 7242, freeze preparation may charge shall be 5868, 5988, 5983, 6057, 6067, 6471, 6680, 7242, .7838, 8433, 8478, 8586, 8701, 8741, 8829, 8938, the sum of the maximum price thereof 7838, 8433, 8478, 9120, 9134, 9335, 9425, 9460, 8948, 9130, 9134, 9335, 9425, 9460, 9620, 10684, f. o. b. the manufacturer’s plant, the cost 9620, 9621, 10684, 11069, 11112, 11075; 8 P.R. 11069, 11112, 11075; 8 PR. 157, 232, 233, 857. per gallon of transportation from the 157, 232, 233, 857. No. 19----- 3 1228 FEDERAL REGISTER, Thursday, January 28, 1943

P art 1351—F ood and F ood P roducts This Amendment No. 1 (§ 1388.1301) to P. S. No. P. S. No. Designation and Rent Declaration No. 27 Area 300 fuel 400fuel [Correction to MPR 275 *1 oil oil shall become effective February 1, 1943. EXTRACTED HONEY (Pub. Law. 421, 77th Cong.) Fresno County...... $0.95 $0.85 The reference to “paragraph (c) ” in Rings County...... 95 .85 § 1351.1319 (b) (4.) is corrected to read Issued this 26th day of January 1943. San Luis Obispo County...... 95 .85 Tulare County...... 95 .85 “paragraph (e) ”. P rentiss M. Brown, Santa Barbara County...... 95 r .85 Administrator. Kern C ounty...... 95 .85 (Pub. Laws 421 and 729, 77th Cong., E.O. Ventura County...... 95 .85 9250, 7 F.R. 7871)' [F. R. Doc. 43-1354; Filed, January 26, 1943; Los Angeles C o u n ty ...... 95 '.8 5 3:01 p. m.] Orange County...... 95 .85 Issued this 26th day of January 1943. Riverside County...... 95 .85 San Bernardino County...... 95 .85 P rentiss M. Brown, San Francisco Bay A rea...... LOO .90 Administrator. [F. R. Doc. 43-1344; Filed, January 26, 1943; § 1340.158a Effective dates of-amend- 2:59 p. m.] P art 1388—D efense-R ental Areas TUCTltS, * * * [Designation and Rent Declaration 28,® (iii) Amendment No. 61 (§ 1340.159 P art 1388—D efense-R ental Areas Amendment 1] (c) (6) ix)) to Revised Price Schedule [Designation and Rent Declaration 25,1 No. 88 shall become effective February 1, Amendment 11] DESIGNATION OF THE NEWPORT-WALNUÏ 1943. RIDGE DEFENSE-RENTAL AREA AND RENT DESIGNATION OF 262 DEFENSE-RENTAL AREAS DECLARATION RELATING TO THAT AREA (Pub. Laws 421 and 729, 77th Cong., E.O. AND RENT DECLARATION RELATING TO SUCH 9250, 7 F.R. 7871) Section 1388 1311 of Designation and AREAS Rent Declaration No. 28 is amended to Issued this 26th day of January 1943. Items (133) and (218) listed in the read as follows: P rentiss M. Brown, table in § 1388.1201 of Designation and Administrator. Rent Declaration No. 25 are amended to § 1388.1311 Designation. The follow read as follows: ing area is hereby designated by the [F. R. Doc. 43-1343; Filed, January 26, 1943; Price Administrator as an area where 3:00 p. m.] § 1388.1201 Designation. * * * defense activities threaten to result in an increase in rents for housing accom modations inconsistent with the purposes Name of defense-rental In State or Defense-rental area consists of: of the Emergency Price Control Act of area1 States of— 1942 and shall constitute a defense- rental area to be knowr. as the “Newport- Walnut Ridge Defense-Rental Area”: (133) Roswell______New Mexico___ Counties of Chaves, Curry, DeBaca, and Roosevelt. In the State of Arkansas, the Counties * * * * of Craighead, Independence, Jackson, * Lawrence, and Randolph. (218) Marfa-Alpine__..... Texas______Counties of Brewster and Presidio. This Amendment No. 1 (§ 1388.1311) to * 0 Designation and Rent Declaration No. 28 shall become effective February 1, i The words “Defense-rental area” shall follow the name listed in the table in each case to constitute the full name of a defense-rental area, e. g , “Dothan-Ozark Defense-Rental Area”. “ Gadsden Defense-Rental Area.” 1943. (Pub. Law 421, 77th Cong.) This Amendment No. 11 (§ 1388.1201) P art 1388—Defense-R ental Areas to Designation and Rent Declaration No. [Designation and Rent Declaration 27,® Issued this 26th day of January 1943. 25 shall become effective February 1, Amendment 1] P rentiss M. B rown, Administrator. 1943. DESIGNATION OF 24 DEFENSE-RENTAL AREAS (Pub. Law 421, 77th Cong.) AND RENT DECLARATION RELATING TO SUCH [F. R. Doc. 43-1355; Filed, January 26, 1943; Issued this 26th day of January 1943. AREAS 3:02 p. m.] P rentiss M. Brown, Item (21) listed in the table in Administrator. § 1388.1301 of Designation and Rent [F. R. Doc. 43-1353; Filed, January 26, 1943; Declaration No. 27 is amended to read as 3:02 p. m.] follows: P art 1388—D efense-R ental Areas 17 F.R. 9955; 8 FR. 542. § 1388.1301 Designation. * * * *7 FR. 3195, 3892, 4179, 5812, 6389, 7245, [Designation and Rent Declaration 31,® 8356, 8507, 9954, 10081; 8 FR. 121. 8 7 F.R. 4232. Amendment 3] DESIGNATION OF 46 DEFENSE-RENTAL AREAS Name of defense- In State or Defense-rental area consists of— AND RENT DECLARATION RELATING TO SUCH rental area1 States of— AREAS

♦ * * * * Items (3), (27), and (38) listed in the table in § 1388.1341 of Designation and (21) Laredo-Eagle Pass----- Counties of Maverick and Webb. Rent Declaration No. 31 are amended to • * * * 0 read as follows:

i The words “Defense-rental area” shall follow the name listed in the table m eacn case to constitute tne mil name *7 FR. 4797. the defense-rental^area, e. g., “Dover-Seaford Defense-Rental Area”, “Aberdeen, Mississippi Defense-Rental 8 7 F.R. 7942; 8 F.R. 122.

/ FEDERAL REGISTER, Thursday, January 28, 1943 1229 1 1388.1341 Designation. * * * of the Portland-Vancouver Defense- Rental Area, consisting of the county of Name of defense-rental Tillamook, in the State of Oregon, the area i In State of— Defense-rental area consists of-- words “the effective date of this maxi mum rent regulation” in this maximum * * 4 * * rent regulation shall mean January 1, <3) Arkansas...... That portion of the State of Arkansas not heretofore designated by the 1943, and also with respect to the re Price Administrator as part of any defense-rental area, except the maining portion of the Portland-Van County of Randolph (which becomes a part of the Newport-Walnut couver Defense-Rental Area, consisting Ridge Defense-Rental Area, effective February 1, 1943). of the county of Tillamook, in the State . . of Oregon, the words “October 19, 1942” (27) Npw Mexico____ That portion of the State of New Mexico not heretofore designated by the and “December 1,1942” in this maximum Price Administrator as part of iny defense-rental area, except the rent regulation shall mean January 1, Counties of Curry, DeBaca, and Roosevelt (which become a part of the Roswell Defense-Rental Area, effective February 1,1943). 1943. * * * * * § 1388.2014a Effective dates of amend (SR) Texas______. Texas ___ That-portion of the State of Texas not heretofore designated by the Price ments. * * * Administrator as part of any defense-rental area, except the County of Lampasas (which becomes a part of the Killeen-Temple Defense-Rental (e) Amendment No. 5 (§ 1388.2001 (a) ) Area, effective January 1,1943) and the Counties of Brewster apd[Webb to Maximum Rent Regulation No. 32A (which become a part of the Marfa-Alpine Defense-Rental Area and the Laredo-Eagle Pass Defense-Rental Area, respectively, effective Febru shall become effective January 1,1943. ary 1,1943). (Pub. Law 421, 77th Cong.) ♦ * » • * Issued this 26th day of January 1943. i The words “ Defense-Rental Area” shall follow the name listed in the table in each case to constitute the full name P rentiss M. Brown, of a defense-rental area, e. g., “Alabama Defense-Rental Area,” “Dukes-Nantucket Defense-Rental Area.” Administrator. This Amendment No. 3 (§ 1388.1341) to land-Vancouver Defense-Rental Area, [P. R. Doc. 43-1358; Piled, January 26, 1943; Designation and Rent Declaration No. 31 consisting of the County of Tillamook, 3:01 p. m.] shall become effective February 1, 1943. in the State of Oregon, the words “Oc tober 20, 1942” and “December 1, 1942” (Pub. Law 421, 77th Cong.) in this Maximum Rent Regulation shall P art 1388—D efense-R ental Areas Issued this 26th day of January 1943. mean January 1, 1943. [Maximum ItentL Regulation 49,1 Amendment 3] P rentiss M. B rown, Administrator. * § 1388.1814a Effective dates of amend HOUSING ACCOMMODATIONS OTHER THAN HOTELS AND ROOMING HOUSES [F. R. Doc. 43-1356; Piled, January 26, 1943; ments. * * * 3:02 p. m.] (e) Amendment No. 5 (§ 1388.1801 Subparagraphs (24), (27), and (44) of (a) ) to Maximum Rent Regulation No. paragraph (a) of § 1388.131 of Maximum 28 shall become effective January 1,1943. Rent Regulation No. 49 are hereby { (Pub. Law 421, 77th Cong.) amended to read as follows: P art 1388—Defense-R ental Areas Issued this 26th day of January 1943. § 1388.131 Scope of regulation, (a) [Maximum Rent Regulation 28,1 * * * Amendment 5] P rentiss M. Brown, Administrator. (24) That portion of the Grenada De HOUSING ACCOMMODATIONS OTHER THAN fense-Rental Area consisting of the HOTELS AND ROOMING HOUSES [P. R. Doc. 43-1357; Piled, January 26, 1943; counties of Calhoun, Carroll, Grenada, 3:02 p. m.) Leflore, Montgomery, and Yalobusha, in Subparagraph (10) of paragraph (a) vthe State of Mississippi: Provided, how- of § 1388.1801 of Maximum Rent Regu ‘ ever, That with respect to that part of lation No. 28 is hereby amended to read ^ the said portion of the Grenada Defense- as follows: P art 1388—Defense-R ental Areas Rental Area consisting of the counties § 1388.1801 Scope of regulation, (a) of Carroll, Grenada, Leflore, and Mont ♦ * * [Maximum Rent Regulation 32A,1 Amendment 5] gomery, the words “the effective date of (10) The Portland-Vancouver De this maximum rent regulation” in this fense-Rental Area, consisting of the HOTELS AND ROOMING HOUSES maximum rent regulation shall mean Counties of Clackamas, Multnomah, Til Subparagraph (10) of paragraph (a) October 1, 1942, and that with respect lamook, and Washington, in the State of of § 1388.2001 of Maximum Rent Regu to the remaining part of the said por Oregon, and the County of Clark, in the lation No. 32A is hereby amended to read tion of the Grenada Defense-Rental State of Washington: Provided, however. as follows: Area, consisting of the counties of Cal That with .respect. to that portion of houn and Yalobusha, the words “the ef the Portland-Vancouver Defense-Rental § 1388.2001 Scope of regulation. fective date of this maximum rent regu Area consisting of the Counties of Clack (a) * * * lation” in this maximum rent regulation amas, Multnomah, and Washington, in (10) The Portland-Vancouver Defense- shall mean February 1, 1943, and also the State of Oregon, and the County of Rental Area, consisting of the counties with respect to the remaining part of the Clark, in the State of Washington, the of Clackamas, Multnomah, Tillamook, said portion of the Grenada Defense- words “the effective date of this Maxi and Washington, in the State of Oregon, Rental Area, consisting of the counties mum Rent Regulation” in this Maximum and the county of Clark, in the State of of Calhoun and Yalobusha, the words Rent Regulation shall mean July 1,1942, Washington: Provided, however, That “October 20, 1942” and “December 1, and that with respect to the remaining with respect to that portion of the Port 1942” in this maximum rent regulation portion of the Portland-Vahcouver De land-Vancouver Defense - Rental Area shall mean February 1, 1943. fense-Rental Area, consisting of the consisting of the counties of Clackamas, * * * 01 01 County of Tillamook, in the State of Multnomah, and Washington,' in the (27) The Roswell Defense - Rental Oregon, the words “the effective date of State of Oregon, and the county of Clark, Area, consisting of the counties of this Maximum Rent Regulation” in this in the State of Washington, the words Chaves, Curry, DeBaca, and Roosevelt, Maximum Rent Regulation shall mean “the effective date of this maximum rent in the State of New Mexico: Provided, January 1, 1943, and also with respect regulation” in this maximum rent regu however,' That with respect to that por to the remaining portion of the Port- lation shall mean July 1, 1942, and that tion of the Roswell Defense-Rental Area with respect to the remaining portion consisting of the county of Chaves, the >7 P.R. 4913, 5645,-5813, 5912, 6221, 6475, 7404, 7534, 7668, 8505, 8506, 9784, 9821, 10845, *7 P.R. 4926, 5645, 5813, 5912, 6222, 7038, 17 P.R. 7500, 7668, 8505, 8506, 9784, 9821, 11115; 8 FR. 122. ’ 8507, 8479, 9783, 9820,11115; 8 FR . 123,434. 9954, 10845, 11115. 1230 FEDERAL REGISTER, Thursday,. January 28, 1943 words “the effective date of this maxi Montgomery, the words “the effective P art 1388—D efense-R ental Areas mum rent regulation” in this maximum date of this maximum rent regulation” [Maximum Rent Regulation 53,1 rent regulation shall mean October 1, in this maximum rent regulation shall Amendment 5] 1942, and that with respect to the re mean October 1, 1942, and that with re maining portion of the Roswell Defense- spect to the remaining part of the said HOUSING ACCOMMODATIONS OTHER THAN HO Rental Area, consisting of the counties portion of the Grenada Defense-Rental TELS AND ROOMING HOUSES of Curry, DeBaca, and Roosevelt, the Area, consisting of the counties of Cal Subparagraphs (3) and (78) of para words “the effective date of this maxi houn and Yalobusha, the words “the ef graph (a) of § 1388.281 of Maximum mum rent regulation” in this maximum fective date of this maximum rent reg Rent Regulation No. 53 are hereby rent regulation shall mean February 1, ulation” in this maximum rent regu amended to read as follows: 1943, and also with respect to the re lation shall mean February 1, 1943, and § 1388.281 Scope of regulation, (a) maining portion of the Roswell Defense- also with respect to the remaining part * # * Rental Area, consisting of the counties of the said portion of the Grenada De of Curry, DeBaca, and Roosevelt, the fense-Rental Area, consisting of the (3) The Newport-Walnut Ridge De words “October 20, 1942” and “Decem counties of Calhoun and Yalobusha, the fense-Rental Area, consisting of the ber 1, 1942” in this maximum rent regu words “October 19,1942” and “December counties of Craighead, Independence, lation shall mean February 1, 1943. 1, 1942” in this maximum rent regula Jackson, Lawrence, and Randolph, in * * * * * tion shall mean February 1, 1943. the State of Arkansas: Provided, how ever, That with respect to that portion (44) The Laredo-Eagle Pass Defense- * * * * * Rental Area, consisting of the counties (27) The Roswell Defense-Rental of the Newport-Walnut Ridge Defense- of Maverick and Webb, in the State of Area, consisting of the counties of Rental Area, consisting of the counties Texas: Provided, however, That with re Chaves, Curry, DeBaca, and Roosevelt, of Craighead, Independence, Jackson, spect to that portion of the Laredo- in the State of New Mexico: Provided, and Lawrence, the words “the effective Eagle Pass Defense-Rental Area con however, That with respect to that por date of this maximum rent regulation” sisting of the county of Maverick, the tion of the Roswell Defense-Rental Area, in this maximum rent regulation shall words “the effective date of this maxi consisting of the county of Chaves, the mean November 1, 1942, and that with mum rent regulation” in this maximum words “the effective date of this maxi respect to the remaining portion of the rent regulation shall mean October 1, mum rent regulation” in this maximum Newport-Walnut Ridge Defense-Rental 1942, and that with respect to the re rent regulation shall mean October 1, Area, consisting of the county of Ran maining portion of the Laredo-Eagle 1942, and that with respect to the re dolph, the words “the effective date of Pass Defense-Rental Area, consisting of maining portion of the Roswell Defense- this maximum rent regulation” in this the county of Webb, the words Mthe ef Rental Area, consisting of the counties maximum rent regulation shall mean fective date of this maximum rent regu of Curry, DeBaca, and Roosevelt, the February 1, 1943, and also with respect lation” in this maximum rent regula words “the effective date of this maxi to the remaining portion of the Newport- tion shall mean February 1, 1943, and mum rent regulation” in this maximum Walnut Ridge Defense-Rental Area, con also with respect to the remaining por rent regulation shall mean February 1, sisting of the county of Randolph, the tion of the Laredo-Eagle Pass Defense- 1943, and also with respect to the re words “December 1, 1942” in this maxi Rental Area, consisting of the county of maining portion of the Roswell Defense- mum rent regulation shall mean Feb Webb, the words “October 20, 1942” and Rental Area, consisting of the counties ruary 1, 1943. “December 1, 1942” in this maximum of Curry, DeBaca, and Roosevelt, the * * * * * rent regulation shall mean February-1, words “October 19, 1942” and “December (78) The Marfa-Alpine D e fe n s e - 1943. 1, 1942” in this maximum rent regula Rental Area, consisting of the counties * * * * * tion shall mean February 1, 1943. of Brewster and Presidio, in the State § 1388.144a Effective dates of amend- * * * * * of Texas: Provided, however, That with WlBTltS. * ^ * (44) The Laredo-Eagle Pass Defense- respect to that portion of the Marfa- (c) Amendment No. 3 (§ 1388.131 Rental Area, consisting of the counties Alpine Defense-Rental Area consisting (a)) to Maximum Rent Regulation No. of Maverick, and Webb, in the State of of the county of Presidio, the words “the 49 shall become effective February 1, Texas: Provided, however, That with effective date of this maximum rent reg 1943. respect to that portion of the Laredo- ulation” in this maximum rent regula (Pub. Law 421, 77th Cong.) Eagle Pass Defense-Rental Area con tion shall mean November 1, 1942, and sisting of the county of Maverick, the Issued this 26th day of January 1943. that with respect to the remaining por words “the effective date of this maxi tion of the Marfa-Alpine Defense-Rental P rentiss M. Brown, mum rent regulation” in this maximum Administrator. rent regulation shall mean October 1, Area, consisting of the county of Brew 1942, and that with respect to the re ster, the words “the effective date of [F. R. Doc. 43-1345; Filed, January 26, 1943; this maximum rent regulation” in this 3:03 p. m.] maining portion of the Laredo-Eagle Pass Defense-Rental Area, consisting of maximum rent regulation shall mean the county of Webb, the words “the ef February 1, 1943, and also with respect P art 1388—Defense-R ental ^Are as fective date of this maximum rent reg to the remaining portion of. the Marfa- [Maximum Rent Regulation 50A,1 ulation” in this maximum rent regula Alpine Defense-Rental Area, consisting Amendment 3] tion shall mean February 1, 1943, and of the county of Brewster, the words also with respect to the remaining por HOTELS AND ROOMING HOUSES “December 1, 1942” in this maximum tion of the Laredo-Eagle Pass Defense- rent regulation shall mean February 1, Subparagraphs (24), (27), and (44) of Rental Area, consisting of the county of 1943. paragraph (a) of § 1388.181 of Maxi Webb, the words “October 19, 1942” and * * * * * mum Rent Regulation No. 50A are hereby “December 1, 1942” in this maximum amended to read as follows: rent regulation shall mean February 1, § 1388.294a Effective dates of amend- TTlCTltS. * * * § 1388.181 Scope of regulation, (a) 1943. * * * ♦ * * * * . (e) Amendment No. 5 C§ 1388.281 (a)) to Maximum Rent Regulation No. 53 shall (24) That portion of the Grenada De § 1388.194a Effective dates of amend fense-Rental Area consisting of the ments. * * * become effective February 1,1943. counties of Calhoun, Carroll, Grenada, (c) Amendment No. 3 (§ 1388.181 (a)) (Pub. Law 421, 77th Cong.) to Maximum Rent Regulation No. 50A Leflore, Montgomery, and Yalobusha, in Issued this 26th day of January 1943. the State of Mississippi: Provided, how shall become effective February 1, 1943. P rentiss M. Brown, ever, That with respect to that part of (Pub. Law 421, 77th Cong.) Administrator. the said portion of the Grenada De Issued this 26th day of January 1943. fense-Rental Area consisting of the [F. R. Do'c. 43-1347; Filed, January 26, 1943; P rentiss M. B rown, counties of Carroll, Grenada, Leflore, and Administrator. 3:01 p. m.] H F.R. 7505, 7668, 8479, 8507, 9783, 9820, [F. R, Doc. 43-1346; Filed, January 26, 1943; 17 F.R. 8596, 9784, 9821, 10717, 10845, 11115; 9955, 11115; 8 F.R. 434. 3:01 p. m.] 8 F.R. 123. FEDERAL REGISTER, Thursday, January 28, 1943 1231

P a rt 1388—D e f e n s e -R e n t a l A r ea s P a rt 1388—D e f e n s e -R e n t a l A r ea s port-Walnut Ridge Defense-Rental [Maximum Rent Regulation 53,1 [Maximum Rent Regulation 53,1 Area, consisting of the County of Ran Amendment 6] Amendment 7] dolph, the words “December 1, 1942” in HOUSING ACCOMMODATIONS OTHER THAN this Maximum Rent Regulation shall HOUSING ACCOMMODATIONS OTHER THAN mean February 1,1943. HOTELS AND ROOMING HOUSES HOTELS AND ROOMING HOUSES ***** Subparagraphs (76) and (88) of para The first sentence of § 1388.287 of Max graph (a) of § 1388.281 of Maximum (79) The Marfa-Alpine Defense- imum Rent Regulation No. 53 is amended Rental Area, consisting of the Counties Rent Regulation No. 53 are hereby to read as follows: amended to read as follows: of Brewster'and Presidio, in the State of Texas: Provided, however, That with § 1388.281 Scope of regulation, (a) § 1388.287 Registration. Within 45 ♦ * * days after the effective date of this Maxi respect to that portion of the Marfa- mum Rent Regulation No. 53 (or as to Alpine Defense-Rental Area consisting (76) The Killeen-Temple Defense- housing accommodations within the Co of the County of Presidio, the words “the Rental Area, consisting of the counties lumbia, South Carolina Defense-Rental effective date of this Maximum Rent of Bell, Coryell, and Lampasas, in the Area, the Greenville, South Carolina De Regulation” in this Maximum Rent Reg State of Texas: Provided, however, That fense-Rental Area, and the Spartanburg ulation shall mean November 1, 1942, with respect to that portion of the Kil Defense-Rental Area within 75 days and that with respect to the remaining leen-Temple Defense-Rental Area con after the effective date of this Maximum portion of the Marfa-Alpine Defense- sisting of the counties of Bell and Cory Rent Regulation No. 53, or as to housing Rental Area, consisting of the County ell, the words “the effective date ©f this accommodations within the Alaska De of Brewster, the words “the effective maximum rent regulation” in this max fense-Rental Area on or before March date of this Maximum Rent Regulation” imum rent regulation shall mean No 15, 1943), or within 30 days after the in this Maximum Rent Regulation shall vember 1, 1942, and that with respect to property is first rented* whichever date mean February 1, 1943, and also with the remaining portion of the Killeen- is the later, every landlord of housing respect to the remaining portion of the Temple Defense-Rental Area, consisting accommodations rented or offered for Marfa-Alpine Defense-Rental Area, con of the county of Lampasas, the words rent shall file in triplicate a written sisting of the County of Brewster, the “the effective date of this maximum rent statement on the form provided there words “December 1, 1942” in this Maxi regulation” in this maximum rent reg for to be known as a registration state mum Rent Regulation shall mean Feb ulation shall mean January 1, 1943, and ment. ruary 1, 1943. also with respect to the remaining por ***** * * * * £ tion of the Killeen-Temple Defense- § 1388.344a Effective dates of amend Rental Area, consisting of the county of § 1388.294a Effective dates of amend ments. * * * Lampasas, the words “December 1, 1942” ments. * * * in this maximum rent regulation shall (g) Amendment No. 7 (§ 1388.287) to (d) Amendment No. 4 (§ 1388.331 (a)) mean January 1, 1943. to Maximum Rent Regulation No. 54A Maximum Rent Regulation No. 53 shall shall become effective February 1,1943. * * * * • be effective as of December 16, 1942. (88) The Pasco Defense-Rental Area, (Pub. Law 421, 77th Cong.) ■ (Pub. Law 421, 77th Cong.) consisting of the county of Franklin and issued this 26th day of January 1943. the precincts of Finley, South Kenne Issued this 26th day of January 1943. P r e n t is s M . B r o w n , wick, Kennewick Valley, Kennewick, P r e n t is s M . B r o w n , Kennewick Gardens, and Richland in the * Administrator. Administrator. county of Benton, in the State of Wash [F. R. Doc. 43-1350; Filed, January 26, 1943; ington: Provided, however, That with [F. R. Doc. 43-1349; PUed, January 26, 1943; 3:01 p. m.] respect to that portion of the Pasco De 3:03 p. m.] fense-Rental Area consisting of the County of Franklin, the words “the effec P a r t 1388—D e f e n s e -R e n t a l A r ea s tive date of this maximum rent regula . P a r t 1388—D e f e n s e -R e n t a l A r e a s tion” in -this maximum rent regulation [Maximum Rent Regulation 54A,2 [Maximum Rent Regulation 54A,2 shall mean November 1, 1942, and that Amendment 4] Amendment 5] with respect to the remaining portion HOTELS AND ROOMING HOUSES of the Pasco Defense-Rental Area, con HOTELS AND ROOMING HOUSES sisting of the precincts of Finley, South Subparagraphs (3) and (79) of para Subparagraphs (77) and (89) of para Kennewick, Kennewick Valley, Kenne graph (a) of § 1388.331 of Maximum graph (a) of § 1388.331 of Maximum wick, Kennewick Gardens, and Richland Rent Regulation No. 54A are hereby Rent Regulation No. 54A are hereby in the county of Benton, the words “the amended to read as follows: amended to read as follows: effective date of this maximum rent reg § 1388.331 Scope of regulation, (a) # * * § 1388.331 Scope of regulation. ulation” in this maximum rent regula (a) * * * tion shall mean January 1,1943, and also (3) The Newport-Walnut Ridge De with respect to the remaining portion fense-Rental Area, consisting of the (77) The Killeen-Temple Defense- of the Pasco Defense-Rental Areas, con Counties of Craighead, Independence, Rental Area, consisting of the Counties sisting of the precincts of Finley, South Jackson, Lawrence, and Randolph, in of Bell, Coryell, and Lampasas, in the Kennewick, Kennewick Valley, Kenne the State of Arkansas: Provided, how State of Texas : Provided, however, That wick, Kennewick Gardens, and Richland ever, That with respect to that portion with respect to that portion of the Kil in the county of Benton, the words “De of the Newport-Walnut Ridge Defense- leen-Temple Defense-Rental Area con cember 1, 1942” in this maximum rent Rental Area consisting of the Counties sisting of the Counties of Bell and Cor regulation shall mean January 1, 1943. yell, the words “the effective date of this of Craighead, Independence, Jackson, Maximum Rent Regulation” in this § 1383.294a Effective dates of amend and Lawrence, the words “the effective Maximum Rent Regulation shall mean ments. * • * date of this Maximum Rent Regulation” November 1, 1942, and that with respect (f) Amendment No. 6 (1 1388.281 (a) ) in this Maximum Rent Regulation shall mean November 1, 1942, and that with to the remaining portion of the Killeen- to Maximum Rent Regulation No. 53 Temple Defense-Rental Area, consisting shall be effective as of January 1, 1943. respect to the remaining portion of the Newport-Walnut Ridge Defense-Rental of the County of Lampasas, the words (Pub. Law 421, 77th Cong.) Area, consisting of the County of Ran “the effective date of this M a x i m u m Rent Issued this 26th day of January 1943. Regulation” shall mean January 1, 1943, dolph, the words “the effective date of and also with respect to the remaining P r e n t is s M . B r o w n , this Maximum Rent Regulation” in this Maximum Rent Regulation shall mean portion of the Killeen-Temple Defense- Administrator. Rental Area, consisting of the County of [P. R. Doc. 43-1348; Filed, January 26, 1943; February 1, 1943, and also with respect to the remaining portion of the New- Lampasas, the words “December 1, 1942” 3:00 p. m.] in this Maximum Rent Regulation shall 1 7 P.R. 8596,.9784, 9821, 10717, 10845, 11115; 2 7 P.R. 8602, 9783, ©820, 10717, 11115; 8 FU. mean January 1, 1943. 8 P.R. 123. 124, 434. * * * * 1232 FEDERAL REGISTER, Thursday, January 28, 1943

P art 1412—S o l v e n t s component an inorganic salt such as cal (89) The Pasco Defense-Rental Area, cium, magnesium, or sodium chloride. consisting of the County of Franklin and [MPR 170,1 Amendment 2] ***** the Precincts of Finley, South Kenne wick, Kennewick Valley, Kennewick, ANTI-FREEZE §1412.13 Appendix A: Maximum Kennewick1 ôardens, and Richland in the A statement of the considerations in prices for anti-freeze. * * * County of Benton, in the State of Wash volved in the issuance of this amend (g) Standard strength anti-freeze. ington: Provided, however, That with ment is issued simultaneously herewith, Type C. Maximum prices for standard respect to that portion of the Pasco De- and has been filed with the Division of strength Type C anti-freeze are estab fense “Rental Area consisting of the the Federal Register.* lished as follows: County of Franklin, the words “the effec Sections 1412.6 (a) (1) (i), (a) (1) (1) Sales to retailers by any person. (iii), (a) (2), the first sentence in tive date of this Maximum Rent Regula [Per gallon delivered, containers included] tion” in this Maximum Rent Regulation §1412.6 (b) (1), and §1412.12 (a) (2) shall mean November 1, 1942, and that are amended; a new subparagraph (17) is added to § 1412.12 (a) and new para Calcium with respect to the remaining portion of chloride, Magne* the Pasco Defense-Rental Area, consist graphs (g) and (h) are added to sodium «'um § 1412.13 as set forth below: chloride, chleride ing of the Precincts of Finley, South or mixed base Kennewick, Kennewick Valley, Kenne § 1412.6 Marking a n d posting. salt base wick, Kennewick Gardens, and Richland (a) * * * in the County of Benton, the words “the (1) * * * $.40 $.47 effective date of this Maximum Rent (i) The type of anti-freeze contained .46 .53 Regulation” in this Maximum Rent therein, that is, “Type N”, “Type S”, .51 . .58 Regulation shall mean January 1, 1943, “Type P”, or “Type C”, as the case may and also with respect to the remaining be, the trade name in the case of (2) Sales at retail. Delivered, includ portion of the Pasco Defense-Rental “Zerone,” and in the case of Type C anti ing installation in automobile cooling Area, consisting of the Precincts of Fin freeze, the following additional state system where buyer so requests and ley, South Kennewick, Kennewick Val ment: “This anti-freeze contains as its where anti-freeze is customarily so in ley, Kennewick, Kennewick Gardens, and principal ingredient (Insert here the stalled by the seller without charge: Richland in the County of Benton, the common name of the inorganic salt used words “December 1, 1942” in this Maxi in preparing the solution).” mum Rent Regulation shall mean Jan * * * * * ‘Calcium chloride, Magnesium uary 1,1943. (iii) The applicable maximum retail sodium chloride chloride, base § 1388.344a Effective dates of amend- price as established by Appendix A or mixed (§ 1412.13) for the anti-freeze contained salt base W lCTltS, * * * (e) Amendment No. 5 (§ 1388.331 (a) ) therein. Such price shall be designated to Maximum Rent Regulation No. 54A as follows: “OPA Retail Ceiling Price In quantities of 1 gallon or Per gallon Per gallon $______” The blank in the quoted $0.75 $0.85 shall become effective January 1,1943. In quantities of less than 1 Per quart Per quart phrase shall be filled in with the appli .20 .23 (Pub. Law 421, 77th Cong.) cable maximum retail price as estab- ■ Issued this 26th day of January 1943. lished by Appendix A (§-1412.13) by the packager in the case of Type S, Type N Provided, That until February 15, 1943, P r e n t is s M. B r o w n , Administrator. and Type C anti-freeze and by the re any seller of any Type C anti-freeze other tailer in the case of Type P anti-freeze, than a manufacturer, who prior to Feb [F. R. Doc. 43-1351; Filed, January 26, 1943; but in the latter case the packager shall ruary 1,1943 had purchased Type C anti 3:02 p. m.] supply the retailer with instructions as freeze and had it in his possession or in to the manner of determining the maxi the custody of a carrier or warehouse mum retail price under the provisions other than a carrier or warehouse owned P a rt 1388—D e f e n s e -R e n t a l A reas of Appendix A (§1412.13). or controlled by the person from whom [Maximum Rent Regulation 54A,1 (2) The type (“N”, “S”, “P”, or “C”) such anti-freeze was acquired, may sell Amendment 6J and tlfe applicable maximum retail price such anti-freeze at the maximum price HOTELS AND ROOMING HOUSES established by Appendix A (§ 1412.13) established in this section or at his cost shall be printed in letters at least two of acquisition, whichever is higher. The first sentence of § 1388.337 of inches high on containers of more than (h) Substandard strength anti-freeze, Maximum Rent Regulation No. 54A is five gallons, and in letters at least as Type C. For sales covered by subpara amended to read as follows: large as any other printed matter graphs (1) and (2) of paragraph (g) § 1388.337 Registration. Within 45 thereon other than the trade mark or above, the maximum price for any quan days after the effective date of this trade name on containers of five gallons tity of substandard strength Type C anti Maximum Rent Regulation No. 54A (or, or less. * * * * * freeze in any kind of container shall be as to rooms within the Alaska Defense- the maximum price, as determined under Rental Area, on or before March 15, (b) * * * whichever one of said subparagraphs (1) 1943), every landlord of a room rented (1) Every person selling anti-freeze or offered for rent shall file a written at retail shall post the maximum price of or (2) is applicable, for that quantity of statement on the form provided there each type (N, S, P or C), strength standard strength Type C anti-freeze, for containing such information as the (standard or substandard), and brand in like containers, which would produce Administrator shall require, to be known of anti-freeze sold by him, in a manner an anti-freeze effect equal to that pro as a registration statement. plainly visible to and understandable duced by the quantity of substandard ***** by the purchasing public. strength Type C anti-freeze being * * * * * priced. Such maximum price shall not § 1388.334a Effective dates of amend- exceed the price determined by compu TJlSTttS, * * * § 1412.12 Definitions, (a) * * * (f) Amendment No. 6 (§ 1388.337) to (2) “Anti-freeze” means any alcohol, tation under the following formula: sub Maximum Rent Regulation No. 54A shall alcohol formulation, or solution of an tract 25% from the maximum price for become effective December 16, 1942. inorganic salt such as calcium, magne a quantity of standard strength Type C sium, or sodium chloride, sold for use as anti-freeze (in like containers) equal to (Pub. Law 421, 77th Cong.) a depressant of the freezing point of the quantity of substandard strength Issued this 26th day of January 1943. water. Type C anti-freeze being priced, and di P r e n t is s M. B r o w n , * * * * * vide the result by the number of gallons Administrator. (17) “Type C” anti-freeze means an of such substandard strength: Type C anti-freeze which has as its principal [F. R. DOC. 43-1352; Filed, January 26, 1943; anti-freeze which must be added to one 3:02 p.'m .l gallon of water to reduee the freezing •Copies may be obtained from the Office of point of the resulting mixture to ten de 1 7 F.R. 8602, 9783, 9820, 10717, 11115; 8F.R. Price Administration, i 7 FB. 4763, 5717, 8948. grees below zero Fahrenheit. 124, 434. FEDERAL REGISTÉÎl, Thursday, January 28, 1943 1233 § 1412.15 Effective dates of amend son shall sell, deliver or exchange any (3) Examples, (i) A sale of ten ments. * * * platinum group metal, product, or waste ounces of platinum of commercial pur (b) Amendment No. 2 (§§ 1412.6, material, and no person shall buy or ity Ye" thick to a consumer. The maxi 1412.12, 1412.13 and 1412.15) to Maxi receive any platinum group metal, prod mum selling price is $35.00 per ounce. mum Price Regulation No. 170 shall be uct or waste material in the course of (ii) A sale of ten ounces of platinum of come effective February 1,1943. trade or business from any seller, at a commercial purity Ye” thick to a refiner. (Pub. Laws 421 and 729, 77th Cong.; E.O. price in excess of the following, and no The seller has determined that his mini 9250, 7 F.R. 7871) person shall agree, offer, solicit or at mum discount on sales to refiners for re tempt to do any of the foregoing pro sale was fifty cents during the period Issued this 26th day of January 1943. hibited acts; from January 1, to March 31, 1942. His P rentiss M. B rown, (a) Platinum group metals of com maximum selling price for this sale now Administrator. mercial purity. (1) A seller's maximum is $34.50 per ounce. price for any of the platinum group [P. R. Doc. 43-1359; Piled, January 26, 1943; (iii) A sale of one hundred ounces of 2:59 p. m.] metals of commercial purity of at least platinum of commercial purity Ye" thick 99.5% in the form specified below shall to a consumer. The seller has deter be the price set forth in the following mined that his minimum discount on table less any discounts, differentials, or sales of this quantity to a certain indus P art 1437—P latinum allowances which the seller had in effect try was fifty cents during the period [MPR 309] in the period from January 1 to March from January 1, to March 31, 1942. His 31, 1942, for the sale of such metal to a maximum selling price on this sale to the PLATINUM GROUP METALS AND THEIR PRODUCTS purchaser of the same class: same industry now is $34.50 per ounce. In the judgment of the Price Adminis (b) Platinum group metal products. trator it is necessary and proper to estab (1) A seller’s maximum price for any lish maximum prices for the platinum semi-fabricated or fabricated platinum group metal product shall not exceed the group metals and their products by a spe Metal Form of metal to which cific maximum price regulation. prices apply highest net price which he had in effect A statement of the considerations in in the period from January 1, to March

mercial purity 31, 1942, for the sale of such product to per troy ounce Minimum com volved in the issuance of this Regulation Maximumprice has been issued simultaneously herewith a purchaser of the same class, adjusted and filed with the Division of the Federal Per so that the value given to the platinum Register.’" In the judgment of the Price cent group metal content of such product in Platinum ...... 99.5 Ingots, bars, sheets, plates Administrator the maximum prices es or wire not less than H th the calculation of such net price shall not tablished by this Maximum Price Regu inch thick and sponge____ $35 exceed the maximum net price for such Palladium___ 99.5 Ingots, bars, sheets, plates metal as computed under paragraph (a) lation No. 309 are and will be generally or wire not less than J4th fair and equitable and will effectuate the inch thick...... 24 of this section. Ruthenium... 99.5 Powder, sponge or granules.. 35 (2) When used in this Maximum Price purposes of the Emergency Price Control Rhodium...... 99.5 Powder, sponge or granules- 125 Act of 1942, as amended, and Executive Iridium _____ 99.5 Powder, sponge or granules.. 165 Regulation No. 309 the term: Order No. 9250. So far as practicable, Osmium.. .. 99.5 . 50 (i) “Semi-fabricated or fabricated the Price Administrator has advised and platinum group metal product” means consulted with representative members any commodity, other than those speci of the industry which will be affected by (2)' When used in this Maximum Price fied in paragraph (a) or (c) of § 1437.1, this Regulation. Regulation No. 309, the term: and other than jewelry, in which the Therefore, under the authority vested (i) “Had in effect” as applied to dis weight or value of the platinum group counts, differentials, allowances, and metal content thereof exceeds 25% of in the Price Administrator by the Emer prices, means the dollar-and-cents dis gency Price Control Act of 1942, as the weight or value respectively of the amended, and in accordance with Re count, differential, allowance, or price commodity. vised Procedural Regulation No. I,1 is per troy ounce at which the seller sold Cii) “Jewelry” means any ornamental sued by the Office of Price Administra or, if no sale was made, at which the article or accessory of personal adorn tion, Maximum Price Regulation No. seller would have sold. ment, including but not limited to rings, 309 is hereby issued. (ii) “Person” includes an individual, brooches, bracelets, initials, tie pins, col corporation, partnership, association, or lar pins, atomizers (except medical), cos Sec. any other organized group of persons, or 1437.1 Maximum prices for platinum group metic containers, lighters, napkin rings, metals, products, and waste ma legal successor or representative of any picture frames, smokers’ accessories, sou terials. of the foregoing, and includes the United venirs, or any other similar ware and or 1437.2 Less than maximum prices. States or any agency thereof, or any naments which are finished and ready 1437.3 Credit charges. other government, or any of its political for use by the ultimate consumer. 1437.4 Packaging and transportation subdivisions, or any agency of any of the (iii) “Net price” means the price ac charges and practices. foregoing. tually charged by the seller; i. e., the list 1437.5 Import sales. (iii) “Purchaser of the same class” re 1437.6 Export sales. or quoted price less all discounts, allow 1437.7 Adjustable pricing. fers to the practice adopted by the seller ances, and differentials. 1437.8 Evasion. of setting different prices for com (3) Examples, (i) A sale of an alloy 1437.9 Records and reports. modities or services for sales to different of ten ounces containing 20% iridium— 1437.10 Enforcement. purchasers or kinds of purchasers (for 80% platinum in sheet Ye" thick to a 1437.11 Petitions for amendment. example, producer, refiner, smelter, consumer. The seller has determined 1437.12 Applicability of General Maximum dealer, fabricator, government agency, that his maximum alloying, melting and Price Regulation; individual consumer) or for purchasers working charge during the period from 1437.13 Effective date. located in different areas or for different January 1 to March 31, 1942, for this A u t h o r it y : §§ 1437.1 to 1437.13, inclusive, quantities or under different conditions alloy was $2. His maximum selling price issued pursuant to Pub. Laws 421 and 729, of sale. Customary differentials in dis per ounce is figured as follows: 77th Cong.; and E.O. 9250, 7 P.R. 7871. counts on price list goods shall be among 80% Platinum------@ $35.00 ___ $28.00 § 1437.1 Maximum prices for plati the criteria which establish differences 20% Iridium ------___@ $165.00 ___ 33.00 num group metals, products, and waste among classes of purchasers. Working charge______2. 00 materials. On and after February 1, (iv) “Sell” includes sell, supply, dis 1943, regardless of any contract, agree pose, barter, exchange, lease, transfer, 63.00 ment, lease or other obligation, no per- and deliver, and contracts and offers to (ii) A sale of an alloy of ten ounces do any of the foregoing. The terms containing 20% iridium—80% platinum *Copies may be obtained from the Office “sale,” “selling,” “sold,” “seller,” “buy,” in sheet Ye" thick to a refiner. The of Price Administration. “purchase,” and “purchaser,” shall be seller has determined, as in the previous *7 T.R. 8961. construed accordingly. example, that his maximum alloying, 1234 FEDERAL REGISTER, Thursday, January 28, 1943 melting and working charge during the 99.5% purity and for the platinum group ward to the maximum price which the period from January 1 to March 31,1942, metal content of scrap, sweeps, or other Price Administrator may approve, and for this alloy was $2. He has also deter waste products shall not exceed the ' any payment made in excess of the mined that his minimum discount on highest net price which the seller had in price so approved shall be refunded to sales to refiners for resale was $1 during effect in the period from January 1, to the buyer within fifteen days after the the period from January 1 to March 31, March 31, 1942, to a purchaser of the date of the letter, order, or other written 1942. His maximum selling price per same class for the sale of such metals instrument informing the seller of such ounce is figured as follows: or waste products adjusted so that the revision. In the absence of notice to the contrary from the Office of Price Admin 80% Platinum______@ $35.00 ------$28.00 value given to such platinum group 20% Iridium ______@ $165.00 ------33.00 metal content in the calculation of such istration within thirty days after a seller Working charge______2.00 net price shall not exceed the maximum files such a selling price with the Office net price for such metal' as computed ol Price Administration, the price filed 63.00 under paragraph (a) of this Section. shall stand approved and shall be the Discount______—1- 00 The value of any other material con-, maximum price applicable. tained in such metal or waste products When filing such a price with the Of Maximum price-----i-----;------62.00 shall not exceed the maximum price es fice of Price Administration, the seller (iii) A sale of an alloy of one hundred tablished therefor under the applicable shall set forth, in addition to the net ounces containing 20% iridium—80% regulations of the Office of Price Ad price, his list price, and all discounts, platinum in sheet Vs" thick to a con ministration. allowances, and differentials for all sumer. The seller has determined that (2) When used in this Maximum Price classes7 Of buyers, a description and his minimum discount on sales of this Regulation No. 309, the term “scrap, identification of the commodity, a state quantity to a certain industry was $1. an sweeps, and other waste products” in ment of facts differentiating such com ounce during the period from January 1, cludes all materials containing any of modity from the other commodities sold to March 31, 1942. His maximum sell the platinum group metals, whether in by the seller, and a statement setting ing price now is $62. per ounce. metallic form or not, which are the waste forth the method used in calculating the (iv) A sale of an alloy of ten ounces or by-product of metal working of any price therefor. containing 20% iridium—80% platinum kind, or of any use of the platinum group § 1437.2 Less than maximum prices. drawn into wire .010" in diameter to a metals in industry or the arts; it also Lower prices than those set forth in consumer. The seller has determined includes all articles containing any of § 1437.1 may be charged,, demanded, paid that he made an additional charge of the platinum group metals, whether in or offered. $1. during the period from January 1, to metallic form or not, which have been March 31, 1942, for drawing this alloy discarded from their original use be § 1437.3 Credit charges. A charge for into wire of this size. His maximum cause of obsolescence, failure or other the extension of credit may be added to selling price then is $64. per ounce. reasons, provided that the weight or the maximum prices set forth in (v) A sale of ten ounces of platinum value of the platinum group metal con § 1437.1 : Provided, Such credit charge of thermocouple purity in wire .025" in tent of any such article exceeds 25% does not exceed one ($1.00) dollar per diameter to a manufacturer of pyrome of the weight or value, respectively, of troy ounce: And provided further, That ters. The seller has determined that his the article. It does not include articles the period of credit shall exceed thirty maximum charge for refining this type • which are still useful in their existing days. of platinum and drawing it into wire state for their original purpose if such § 1437.4 Packaging and transporta during the period from January 1, to articles are bought and sold for re-use in tion charges and practices. A seller may March 31,1942, was $40. per ounce. His their existing state for their original not change the packaging and transpor maximum selling price for this sale now purpose. tation charges and practices which he is $75. per ounce. (d) Any seller of a platinum group had in effect in the period from January (vi) A sale of five ounces of platinum metal, product, or waste material who is 1, to March 31,1942, if such change would dental foil .001" thick to a consumer. unable to determine his maximum price result in higher prices to his customers. The seller has determined that his maxi or prices under paragraph (a), (b), or mum charge for working 5 ouhces of (c), shall file his selling price for that § 1437.5 Import sales. The maximum platinum into dental foil during the pe commodity with the Office of Price Ad prices established by this Maximum riod from January 1, to March 31, 1942, ministration, Washington, D. C., for ap Price Regulation No. 309 apply to all im was $6. per ounce. His maximum price proval. Such selling price shall be de ports into the forty-eight states of the for this sale now is $41. per ounce. termined, whenever feasible, by the use United States and the District of Co (vii) A sale of contact points made of of the pricing formula or method of cal lumbia of the platinum group metals, steel screws with a disc of 20% iridium— culating prices used by the seller in the their products and waste materials. 80% platinum. This iridium-platinum period from January 1, to March 31, § 1437,6 Export sales. Export sales alloy was purchased in a 100 ounce lot. 1942, to determine the price of similarly of platinum group metals and their The seller has determined that his cost priced platinum group metals, products, products shall be subject to the provi of the iridium-platinum is $62. per ounce or waste material for which he had prices sions of Revised Maximum Export Price as shown in Example (iii). He must use in effect at that time. The values given Regulation2 issued by the Office of Price this price as the basis of his calculation. to the factors used in such formula or Administration. The other factors in determining the method shall be no higher than the selling price must be no higher than the highest values given to the same factors § 1437.7 Adjustable pricing. Any per in the determination of his prices in the son may offer or agree to adjust or fix highest values of those factors during period from January 1, to March 31, prices to or at price's not in excess of the the period from January 1, to March 31, 1942, adjusted so that the value given maximum prices in effect at the time of 1942. A hypothetical cost sheet per 1000 to the platinum group metal content delivery. In an appropriate situation, finished points should read as follows: shall not exceed the maximum net price where a petition for amendment requires Cost of the platinum-iridium alloy for such metal as confputed under para extended considération, the Administra @ $62. per ounce______— $500.00 graph (a) of this section. tor may, upon application, grant permis Overhead and loss______- —— 25.00 Pending approval by the Price Admin sion to agree to adjust prices upon de Cost of screws______I------25.00 Labor cost______50.00 istrator of prices submitted for approval liveries made during the pendency of the Set-up price______------10.00 under this subdivision, any seller may petition in accordance with the disposi Percent profit mark-up______50.00 sell, deliver, exchange, or offer to sell, tion of the petition. deliver or exchange, and any person may § 1437.8 Evasion. The price limita Present maximum selling price. 660.00 buy, offer to buy or receive from the tions set forth in this Maximum Price (c) Platinum group metals of less seller, such metal, product, or waste Regulation No. 309 ¡shall not be evaded, than 99.5% purity and platinum group material at the price submitted for ap whether by direct or indirect methods, in metal scrap, sweeps, or other waste prod proval. If, however, the Price Adminis ucts. (1) A seller’s maximum price for trator disapproves the price submitted, 17 F.R. 3096, 3824, 4294, 4541, 5059, 7242, platinum group metals of less than the selling price shall be revised down 8829, 9000. FEDERAL REGISTER, Thursday, January 28, 1943 1235 connection with an offer, solicitation, with respect to sales and deliveries for Board or to such State, District or Re agreement, sale, delivery, purchase, or which maximum prices are established gional Office of the Office of Price Ad receipt of or relating to platinum group by this regulation. This Maximum Price ministration as shall be designated for metals and their products, alone or in Regulation No. 309 does not supersede such purpose by the Regional Adminis conjunction with any other commodity the provisions of the General Maximum trator for the region in which the con or by way of commission, service, trans Price Regulation with respect to sales sumer’s Board is located, all coupon portation, or other charge, or discount, and deliveries of ores and ore concen sheets, other evidences, and delivery re premium or other privilege, or by tying- trates of the platinum group metals ceipts evidencing the ration issued to agreement or other trade understanding, which are at the present time exempt him. The Board or Office to which such or otherwise. from the provisions of the General Maxi surrender is made shall adjust the con mum Price Regulation under section 9 sumer’s current allowable ration in § 1437.9 Records a n d reports, (a) (a) (10) thereof. accordance with paragraph (f) of this Every person making sales or deliveries section, and shall detach from the con of platinum group metals and their § 1437.13 Effective date. This Maxi sumer’s coupon sheets coupons equal in products, and every person making pur mum Price Regulation No. 309 (§§ 1437.1 gallonage value to the amount by which chases or accepting delivery of platinum to 1437.13, inclusive) shall become effec the allowable ration exceeds such allow group metals and their products in the tive February 1, 1943, for the District of able ration as adjusted by the opera course of trade or business, shall keep Columbia and the forty-eight states of tion of paragraph (f) of this section. The for inspection by the Office of Price Ad the United States, and shall become effec Board or Office detaching such coupons ministration for so long a period as the tive February 11,1943, for the territories shall enter under the register of deliv Emergency Price Control Act of 1942, as and possessions of the United States. eries on the coupon sheet the date, the amended, remains in effect, complete Issued this 26th day of January 1943. number and value of the coupons de and accurate records of each such sale, tached, the number of the Board or the purchase, or delivery showing the date P rentiss M. B rown, Administrator. designation of the Office and the name thereof, the name of the purchaser or of the person making the entries. If a seller, the quantity and grade of plati [F. R. Doc. 43-1360; Filed, January 26, 1943; delivery receipt is surrendered, the de num group metals and their products 3:00 p. m.] duction pursuant to paragraph (f) shall sold, purchased, or delivered, and the be entered on the stub, together with price received or paid therefor, and each the date, the number of the Board or such seller shall keep a record of all dis P art 1394—R ationing of F uel and F uel designation of the Office and the name counts, differentials, and allowances P roducts of the person making the entries. which the seller had in effect in the * * * * * [Ration Order 11,1 Amendment 32] period from January 1, to March 31, Restrictions on Use of Rations and Fuel 1942, with a proper identification of FUEL OIL RATIONING REGULATIONS Oil each such discount, differential and allowance. A rationale for this amendment has § 1394.5603 Restrictions and consump (b) Such person shall submit such been issued simultaneously herewith and tion of fuel oil. (a) Except as provided reports to the Office of Price Administra has been filed with the Division of the in §§ 1394.5505 (b), 1394.5602, 1394.5658, tion, and keep such other records in Federal Register.* 1394.5665, and paragraph (b) of this sec addition to or in place of the records Section 1394.5151 (c) is revoked: the tion, no person shall consume fuel oil un required in paragraph (a) of this sec headnotes to §§ 1394.5266 and 1394.5267 less such fuel oil was acquired by him or tion, as the Office of Price Administra are amended by substituting the phrase on his behalf in exchange for valid tion may from time to time require. “Late applications” for thg phrase “Ap coupons or other evidences, or delivery plications made on or after November receipts, or was transferred to him pur § 1437.10 Enforcement, (a) Persons 1,1942” in each; paragraphs (e), (f) and suant to paragraph (f) or (g) of violating any provision of this Maximum (g) of § 1394.5266, and §§ 1394.5267 (b) § 1394,5653: Provided, That fuel oil in Price Regulation No. 309 are subject to and 1394.5355 (b) are revoked; § 1394.- cluded in a consumer’s inventory pursu the criminal penalties, civil enforcement 5402 (g) is amended; §§ 1394.5461 and ant to § 1394.5451, with respect to which 'actions, and suits for treble damages 1394.5462 are revoked; § 1394.5603 (a) a deduction has been made, or with re provided for by the Emergency Price is amended; in paragraph (b) of § 1394.- spect to which coupons or other evi Control Act of 1942, as amended. 5701, the phrase “Except as provided dences, or delivery receipts, have been (b) Persons who have evidence of any in paragraph (c) of this section” is de surrendered to a Board pursuant to sub- violation of this Maximum Price Regu leted, and paragraph (c) of said section paragraph (2) of § 1394.5659 (b) shall be lation No. 309, or any price schedule, is revoked; § 1394.5731 (c) is revoked; deemed to have been acquired in ex regulation or order issued by the Office and a new paragraph (ff) is added to change therefor. If, at the time he of Price Administration or of any acts § 1394.5902; as set forth below: makes application therefor, the consum or practices which constitute such a vio Miscellaneous Uses er’s inventory of fuel oil exceeds his al lation are urged to communicate with lowable ration, he may not consume fuel the nearest field or regional office of the § 1394.5402 Rations for miscellaneous oil in excess of such allowable ration. Office of Price Administration or its uses. * * * * * * * * principal office in Washington, D. C. . (g) Each commercial, industrial or governmental consumer whose current Effective Date § 1437.11 Petitions for amendment. allowable ration is more than nine thou § 1394.5902 Effective date of correc Any person seeking amendment of any sand (9,000) gallons of fuel oil for an tions and amendments. * * * provision of this Maximum Price Regu operation or operations in the area men (ff) Amendment No. 32 (§§ 1394.5151, lation No. 309 may file a petition for an tioned in paragraph (f) of this section 1394.5266, 1394.5267, 1394.5355, 1394.5461, amendment in accordance with the pro and was not adjusted as provided in said 1394.5462, 1394.5603, 1394.5701, and visions of Revised Procedural Regulation paragraph (f) shall, if the fuel oil is not 1394.5731) to Ration Order No. 11 shall No. 1, issued by the Office of Price for use exclusively in any operation or become effective January 26, 1943. Administration. operations listed on Schedule “A” of Pe (Pub. Law 671, 76th Cong., as amended § 1437.12 Applicability of General troleum Administrative Order No. 3, is by Pub. Laws 89, and 507, 77th Cong., Maximum Price Regulation. * The pro sued by the Petroleum Administration of Pub. Law 421, 77th Cong., W.P.B. Direc visions of this Maximum Price Regulation War, surrender (personally or by mail), tive No. 1, 7 F.R. 562, Supp. Directive No. 309 supersede the provisions of the on January 25, 26, or 27, 1943, to such No. 1-0, 7 F.R. 8418; E.O. 9125, 7 F.R. General Maximum Price Regulation 2719) ♦Copies may be obtained from Office of 8 7 F.R. 3153, 3330, 3666, 3990, 3991, 4339, Price Administration. Issued this 26th day of January 1943. 4487. 4659, 4738, 5027, 5276, 5192, 5365, 5445, > 7 F.R. 8480, 8708, 8809, 8897, 9316, 9492, P rentiss M. B rown, 5565, 5484, 5775, 5784, 5783, 6058, 6081, 6007, 9427, 9430, 9621, 9784, 10153, 10081, 10379, Administrator. 6216, 6615, 6794, 6939, 7093, 7322, 7454, 7758, 10530, 10531, 10780, 10707, 11118, 11071, 8 7913, 8431, 8881, 9004, 8942, 9435, 9615, 9616, F.R. 165, 237, 437, 369, 374, 535, 439, 444, 607, [F. R. Doc. 43-1366; Filed, January 26, 1943; 9732, 10155 10454. 608, 977. 4:36 p. m.] No. 19----- 4 1236 FEDERAL REGISTER, Thursday, January 28, 1943

P art 1499—Commodities and Services or on sales of the multiple vitamin prod OPA requires that you keep this notice for examination. [Order 246 Under | 1499.3 (b) of GMPR] uct most nearly comparable to “Nutri- Mins” if the retailer did not sell “Vimms” (f) Definitions. When used in this LAMBERT VITAMINS COMPANY in March 1942. order the term: For the reasons set forth in an opin (d) Marking package with retail ceil (1) “ ‘Nutri-Mins’” means a vitamin ion issued simultaneously herewith, It ing price. The Lambert Vitamins Com preparation manufactured by the Lam it ordered: pany shall mark each package of 24 tab bert Vitamins Company, each tablet of lets of “Nutri-Mins” sold by it after which contains the following amounts of § 1499.1482 Approval of maximum March 1, 1943, with the words “Ceiling specific vitamin substances: prices* for sales of “Nutri-Mins”—(a) Price 48tf”, and each package of 200 Sales by the Lambert Vitamins Com Vitamin A_...... 2,000 UJS.P. units. tablets of “Nutri-Mins” sold by it after Vitamin Bt (thiamin 0.5 mg. pany—(1) Maximum prices. The max March 1, 1943, with the words “Ceiling chloride). imum prices for sales by the Lambert Price $3.50.” These words shall be Vitamin B2 (riboflavin) ___ 1.0 mg. Vitamins Company of New York, New printed or stamped in letters clearly Niacin Amide______5.0 mg. York, of “Nutri-Mins” are established as legible and at least one quarter as large Vitamin C______15.0 mg. set forth below: as those used for the name of the prod Vitamin D...... 200 U.S.P. units. uct on the package in which “Nutri- (2) “ ‘Vimms’ ” means a vitamin prep Maximum price per Mins” is customarily sold to the ultimate aration manufactured by Lever Brothers package consumer. No retailer shall make sales Company, each tablet of which contains Size of package of “Nutri-Mins” after May 1,1943, unless the following amounts of specific vita To whole To re? the package in which the product is min and mineral substances: salers tailers sold is marked with the retail ceiling price as required by this paragraph. Vitamin A...... 1,666 U.S.P. units. 24 tablets*...... $ .27 $ .32 (e) Notification of maximum prices— Vitamin Bt (thiamin 0.3mg. 1.94 2.33 chloride). (1) By the Lambert Vitamins Company Vitamin B2 (riboflavin) 0.6 mg. to wholesalers. The Lambert Vitamins Vitamin P-P______3.3 mg. (2) Discounts, allowances, and price Company shall supply a written notifica— Vitamin C______10.0 mg. differentials. The Lambert Vitamins tion to each wholesaler before or at the Vitamin D------166 U.S.P. units. time of its first delivery of “Nutri-Mins” Calcium______125.0 mg. Company shall apply to the maximum Phosphorus______83.3 mg. prices set forth in subparagraph (1) of to such wholesaler. The written state Iron..,------3.3 mg. this paragraph for its sales of “Nutri- ment shall read as follows: Mins” all quantity differentials, discounts OPA has authorized us to charge whole (3) “ ‘Listerine’ ” means an antiseptic for purchasers of different classes, trade salers 270 for 24 “Nutri-Mins” tablets and solution manufactured by the Lambert practices, cash discounts, credit terms, $1.94 for 200 “Nutri-Mins” tablets, subject to Pharmacal Company. practices relating to the payment of all cash discounts and customary allowances. (4) “Wholesaler” means any person transportation costs, and any other cus Wholesalers are authorized to establish who buys “Nutri-Mins” and resells it, tomary allowances which were in effect maximum prices of 320 for 24 “Nutri-Mins” without substantially changing its form, tablets and $2.33 for 200 “Nutri-Mins” tablets, to retailers. in March 1942 on sales of “Listerine” by subject to all cash discounts and customary the Lambert Pharmacal Company. allowances. (5) “Retailer” means any person who (b) Sales by wholesalers—(1) Maxi buys “Nutri-Mins” and resells it directly mum prices. The maximum prices for (2) By the Lambert Vitamins Com to consumers. sales by wholesalers of “Nutri-Mins” are pany to retailers via wholesalers. The (g) The Lambert Vitamins Company established as set forth below: Lambert Vitamins Company shall include shall submit to the Office of Price Ad a written notification with each shipping ministration in Washington, D. C. such Maximum price unit of “Nutri-Mins” for a period of three Size of package: per package reports as may from time to time be 24 tablets.______- $ .32 months. If such notification is enclosed required. 200 tablets______- ______2.33 in a shipping unit, a legend shall be (h) This Order No. 246 may be revoked affixed outside of such unit to read “Re or amended by the Price Administrator (2) Discounts, allowances, and price tailer’s Notice Enclosed.” If the initial at any time. differentials. Any wholesaler making sale by a wholesaler to a retailer is a (i) This Order No. 246 (§ 1499.1482) sales of “Nutri-Mins” shall apply to the split-case sale, the wholesaler is required shall become effective on January 27, maximum prices set forth for such sales to provide such retailer with a copy of 1943. in subparagraph (1) of this paragraph all this notice. The written notification (Pub. Laws 421 and 729, 77th Cong.; E.O. quantity differentials, discounts for pur shall read as follows: chasers of different classes, trade prac 9250, 7 F.R. 7871) OPA has authorized wholesalers to charge tices, cash discounts, credit terms, prac 320 for 24 “Nutri-Mins” tablets and $2.33 for Issued this 26th day of January 1943. tices relating to the payment of shipping 200 “Nutri-Mins” tablets, subject to all cash P r e n t is s M . B r o w n , charges, and other customary allowances discounts and customary allowances. Administrator. which were in effect in March 1942 on Retailers are authorized to establish ceiling sales by the wholesaler of “Vimms” or on prices of 480 for 24 “Nutri-Mins” tablets and [P. R. Doc. 43-1365; Filed, January 26, 1943; sales of the multiple vitamin product $3.50 for 200 “Nutri-Mins” tablets. 4:36 p. m.] most nearly comparable to “Nutri-Mins” If the initial sale by a wholesaler to a if the wholesaler did not sell “Vimms” in retailer is a split-case sale, the wholesaler is ¡ required to provide such retailer with a copy ? P art 1306—I ron and Steel March 1942. of this notice. (c) Sales by retailers—(1) Maximum OPA requires that you keep this notice for [RPS 10—Including Arndts. 1 through 4] prices. The maximum prices for sales by examination. retailers of “Nutri-Mins” are established PIG IRON1 as set forth below: (3) By the Lambert Vitamins Com The Office of Price Administration is pany to retailers. The Lambert Vitamins Maximum price charged with maintenance of price sta Size of package: per package Company shall supply a written noti bility and the prevention of undue price 24 tablets------$ .48 fication to each retailer before or at the rises and price dislocations. Iron arid 200 tablets------*------3.50 time of its first delivery of “Nutri-Mins” steel scrap and pig iron are basic mate- to such retailer. The written statement trials for the production of iron and steel (2) Discounts for purchasers of differ shall read as follows: products. By Price Schedule No. 4, re ent classes. Any retailer making sales OPA has authorized us to charge retailers vised 2 and Price Schedule No. 6, revised,8 of “Nutri-Mins” shall apply to the max 320 for 24 “Nutri-Mins” tablets and $2.33 for imum prices set forth for such sales in 200 “Nutri-Mins” tablets, subject to all cash *7 FR. 1230. subparagraph (1) of this paragraph all discounts and customary allowances. »7 FR. 1207, 2132, 2155, 2507, 3087, 3550, discounts for purchasers of different Your ceiling prices are authorized to be 8889, 4488, 6217, 8190, 8948, 10151. classes which were in effect in March 480 for 24 “Nutri-Mins” tablets and $3.50 *7 F.R. 1215, 2132, 2153, 2299, 2997, 3115, 1942 on sales by the retailer of “Vimms” for 200 “Nutri-Mins” tablets. 3941, 4780, 7240, 8948. FEDERAL REGISTER, Thursday, January 28, 1943 1237

respectively, price ceilings have been of pig iron means that area into which Production Board or other authorized placed on iron and steel scrap and on it was customary for such plant to ship Government agencies, a shipment of pig iron and steel products. Recent wage pig iron in quantities comparable to the iron is made to a place which is not increases and the increased demand for shipments being made before the emer within the usual market area of the pig iron resulting from the national de gency conditions arising from the pres plant from which shipment is made, the fense emergency have been exerting ent war. ((f) added by Amendment 1, Office of Price Administration may au pressure upon the price structure, caus 7 F.R. 2841) thorize the person selling such pig iron, ing the prices of certain grades and § 1306.52 Maximum (“ceiling”) prices to charge a price therefor not to exceed kinds of pig iron tq be increased. In the on sales of pig iron. On and after June the aggregate of: (1) the basing point interest of national defense and the pub 24, 1941, regardless of any commitment base price at the established basing point lic interest a price ceiling is necessary. theretofore entered into, no person who at or nearest the place of origin of ship On the basis of information secured by produces pig iron shall sell or deliver ment; (2) differentials; (3) transporta independent investigation by this Office, or offer to sell or deliver any such prod tion charges from the established basing and upon information furnished by the uct, and no purchaser shall buy or ac point at or nearest the place of origin of trade, I find that the maximum (“ceil cept delivery or offer to buy or accept shipment to the place of delivery as cus ing”) prices as set forth below constitute delivery from such person of any such tomarily computed, less $1.00 per gross reasonable limitations on prices for pig ton. ((c) added by Amendment 1, 7 iron. product, at a price exceeding the maxi mum (“ceiling”) price: Provided, That F.R. 2841.) Therefore, pursuant to the authority with respect to any sale of pig iron for (d) Notwithstanding the provisions of vested in me by Executive Order No. future delivery, a contract may provide paragraphs (a) and (c) of this section, 8734 it is hereby directed that: for the payment of an adjusted price not in any case in which the Price Admin Sec. to exceed the maximum (“ceiling”) price istrator shall find that by reason of pri 1306.51 Definitions. in effect at the time of shipment. ority or preference ratings, allocation or 1306.52 Maximum (“ceiling") prices on sales ders, or similar orders or requests of the of pig iron. [N o t e : Supplementary Order No. 7 (7 F.R. War Production Board or other author 1306.53 Records. 5176) provides that the prohibition contained in any price regulation against buying or ized Government agency, a shipment of 1306.54 Supplement. pig iron is made from the Buffalo, New 1306.55 Petitions for amendment, adjust receiving any commodity or service at a price ment or exception. higher than the maximum price permitted by York, area to a place within the usual 1306.56 Appendix A: Basing point base such regulation shall not apply to any war market area of the plant from which prices for pig iron. procurement agency, or government whose shipment is made and to which the cus- 1306.58 Geographical application. defense is vital tcT'the defense of the United „ tomary method of shipment before the 1306.59 Effective dates of amendments. States.] emergency conditions arising from the

A u t h o r it y : §§ 1306.51 to 1306.59, inclusive, A lower price than the ceiling price present war was by barge or by barge issued under E.O. Nos. 8734, 8875; 6 F.R. 1917, may be charged, demanded, offered, or and rail, the Price Administrator may 4483. Executive authority superseded by paid. The price limitations set forth in authorize the person selling such pig iron Emergency Price Control Act of 1942, Pub. Price Schedule No. 10 shall not be evaded to charge, if barge transportation is not Laws 421 and 729, 77th Cong.; and E.O. 9250, by additional charges for prompt or early 7 F.R. 7871. used for such shipment, a price therefor delivery, or by other direct, or indirect not to exceed the aggregate of: (1) the § 1306.51 Definitions. When used in methods, nor shall the other terms and Price Schedule No. 10: conditions of sale be made more onerous basing point base price at the govern (a) “Person” includes an individual, to the purchasers than those available' ing basing point; (2) differentials; (3) corporation, partnership, association, or or in effect on June 24,1941. transportation charges from the gov any other organized group of persons, (a) The domestic ceiling price for any erning basiiig point to the place of de or legal successor or representative of grade or kind of pig iron for which there livery as customarily computed; (4) the any of the foregoing, and includes the are basing point base prices shall be the difference between the charges for all United States or any agency thereof, or aggregate of: (1) the basing point base rail transportation and the charges for any other government, or any of its price at the governing basing point; (2) barge or barge and rail transportation political subdivisions, or any agency of differentials; (3) transportation charges from Buffalo to the place of delivery, cal any of the foregoing, ((a) amended by from the governing basing point to the culated at the established rates in effect Supplementary Order No. 12, 7 F R place of delivery as customarily com during the barge shipping season of 1941. 6385). puted. ((d) added by Amendment 2, 7 F.R. 6474;) (b) The term “pig iron”, includes all (b) The export ceiling price for any pig iron such as basic, foundry, malle grade or kind of pig iron for which [N o t e : Supplementary Order No. 31 (7 F.R. able, bessemer, low-phosphorus, high- there are basing point base prices shall 9894) provides that: “Notwithstanding the be the aggregate of: (1) the basing point provisions of any price regulation, the tax silicon or silvery, gray forge, charcoal, on transportation of all property (excepting etc., commonly produced in blast fur base price at the governing basing point; coal) imposed by section 620 of the Revenue naces. (2) differentials; (3) export transpor Act of 1942 shall, for purposes of determin (c) The term “basing point base price” tation charges from the governing bas ing the applicable „maximum price of any means the prices for pig iron as listed ing point to the place of delivery as cus commodity or service^ be treated as though it in § 1306.56, Appendix A. tomarily computed. were an increase of 3% in the amount (d) The term “differential” means For all special kinds or grades of pig charged by every person engaged in the iron for whiéh there are no differentials, business of transporting property for hire. those provided in § 1306.56, Appendix A, It shall not be treated, under any provision otherwise the charges in effect June 24, the ceiling prices shall be the basing of any price regulation or any interpreta 1941, prescribing additions or deductions point base prices and the special differen tion thereof, as a tax for which a charge from the base price to make adjustment tials which were or would have been may be made in addition to the maximum for various analyses of the product sold charged by the seller on June 24, 1941 price.] (upon the basis of the prices, discounts, from the product governed by the base § 1306.53 Records, (a) Every person price, which variations may be in chemi charges, or special differentials then who produces pig iron shall retain copies cal analysis, or other quality of the listed or quoted by the seller), for such product. kinds or grades of pig iron, exclusive of of all invoices, dated January 1, 1941, or any premium or charge for advanced de later, relating to sales of such products, (e) The term “governing basing point” including sales to exporters, brokers and means that basing point the use of which livery or any other inducement offered by the buyer or demanded by the seller to all other persons purchasing for resale. results in the lowest delivered price at Reports on such sales, in such form as the place of delivery; in the case of ex negotiate the sale. (c) Notwithstanding the provisions of may be determined, will be required by ports it may also mean the established paragraph (a) of this section, in any case supplements issued under Price Schedule basing point at or nearest the place of in which the Office of Price Administra No. 10. production. tion shall find that by reason of priority (b) Every person who produces and (f) The term “usual market area” of or preference ratings, allocation orders, sells pig iron shall file a copy of his price any plant with respect to a shipment or similar orders or requests of the War schedules, including differentials, stat-. 1238 FEDERAL REGISTER, Thursday, January 28, 1943 ing the prices, charges and discounts in Amendment Nos. and Low issue dates : Effective effect on June 24, 1941. Such materials No. 2 Bes Mal phos Amendment 1 (4-14-42)____ 4-20-42 found Basic se leable pho shall be filed with the Office of Price Ad ry mer Amendment 2 (8-15-42)______8-21-42 ministration, Washington, D. C., on or rus Amendment 3 (11-28-42).______11-28-42 before July 10, 1941. Amendment 4 (1-26-43)______2- 1-43 $25.00 $24.50 $26.00 $25.50 § 1306.54 Supplement. In order to 25.00 24.50 26.00 25.50 Issued this twenty-fourth day of June 25.00 24.50 26.00 25.50 facilitate the application of Price Sched 24.50 $29.50 1941. ule No. 10, supplements further stating Birdsboro, Pa______25.00 24.50 26.00 25.50 29.50 Effective this 24th day of June 1941. its scope will be issued from time to time 25.00 24.50 24.00 23.50 25.00 24.50 P rentiss M. Brown, as may be necessary, or appropriate. Neville Island, Pa__ 24.00 23.50 24.50 24.00 Sharpsville, Pà...... 24.00 23.50 24.50 24.00 Administrator. § 1306.55 Petitions for amendment, Buffalo...... 24.00 23.00 25.00 24.50 29.50 adjustment or exception, (a) Any per 24.00 23.50 24.50 24.00 [F. R. Doc. 43-1339; Filed, January 26, 1943; 24.00 23.50 24.50 24.00 2:59 p. m.] son seeking an amendment of any pro 24.00 23.50 24.50 24.00 vision of this Revised Price Schedule No. 24.00 2150 24.00 Toledo, Ohio....____ 24.00 23.50 24.50 24.00 10 may file a petition for amendment in 24.00 23.50 24.50 24.00 accordance with the provisions of Re 24.00 23.50 24.50 24.00 vised Procedural Regulation No. 1 .* ( ( a) 24.50 24.00 25.00 24.50 Chapter XV—Board of War 20.38 19.00 25.00 amended by Supplementary Order 26, 7 22.00 21.50 Communications F.R. 8948). [Order 27] (b) Any person, who is prepared to (Table amended by Amendment 3, 7 F.R. 9972, and by P art 1722—P recedence for T elegraph show that (1) its costs of production of Amendment 4) pig iron is above its furnace net realiza M essages Essential to the W ar Effort tion at maximum prices or (2) its fur . ’ HIGH-SILICON, SILVERY or P ublic Safety nace net realization is inadequate in (Base silicon 6.00 percent to 6.50 percent) Whereas the Board of War Communi view of its high operating costs for con Jackson County, Ohio------$29.50 cations has determined that the national tinued operations at maximum prices, Buffalo, New York------30.75 defense and security and the successful may file a petition for an adjustment of conduct of the war demand that certain or exception to the maximum prices es GRAY FORGE telegraph messages relating to the war tablished by Revised Price Schedule No. Valley or Pittsburgh Furnace------$23.50 effort and public safety be given pre 10. In such cases the petitioner should ferred handling; submit, and the Office of Price Adminis CHARCOAL Now, therefore, by virtue of the au tration will consider, all relevant data, Lake Superior Furnace...______$28.00 thority vested in the Board by Executive including the relation of the current, re Lyles, Tenn. High Phos. Furnace___ 28.50 Order No. 89641 of December 10, 1941, quested, and projected realization on the Lyles, Tenn. Low Phos. Furnace.___ 33.-00 prescribing regulations governing the pig iron or on the furnace, to the total preference and priority of communica over-all return of the petitioner, and the Switching charges. Basing point base prices are to be subject to an additional tions, and by Executive Order No. 90892 necessity, in terms of the war ëffort, for charge for delivery within the switching lim of March 6,1942, prescribing regulations the granting of such adjustment or ex its of the respective districts. governing the use, control, supervision ception. The Office of Price Adminis Silicon differentials. Basing point base and closing of stations and facilities for tration may require, in connection with- prices are to be subject to an additional wire communications; It is hereby or any such petition, full data on costs, charge not to exceed $0.50 a ton for each dered as follows: profits, and other relevant factors.. Pe 0.25 percent silicon content in excess of base § 1722.1 -Precedence. Effective Febru titions for adjustment pursuant to this grade (1.75 percent to 2.25 percent). ary 15, 1943, all wire-line telegraph, section shall be filed in the manner Phosphorus differential. Basing point base cable and radiotelegraph carriers shall stated in §§ 1300.39 through 1300.41 of prices are to be subject to a reduction of upon specific designation by the sender Procedural Regulation No. 1* issued by $0.38 per ton for phosphorus content of give precedence in the handling of tele the Office of Price Administration, ((b) 0.70 percent and over. graph, cable, and radiotelegraph mes amended by Amendment 1, 7 P.R. 2841) Manganese differentials. Basing point sages in accordance with the provisions base prices are to be subject to an additional of and in the order set forth below: [Note: Procedural Regulation No. 6 (7 charge not to exceed $0.50 a ton for each PR. 5087, 5665) provides for the filing of ap (a) US Urgent. To apply to domes plications for adjustment of maximum prices 0.50 percent manganese content in excess of tic and international messages filed only for commodities or services under Govern 1.00 percent. by the State, War, and Navy Depart ment contracts or subcontracts. Supplemen Exception. Pittsburgh Coke and Iron Com tary Order No. 9 (FR. 5444) makes the pro pany (Sharpsville, Pa. Furnace only) and the ments. visions of Procedural Regulation No. 6 ap Struthers Iron and Steel Company, Struth- (b) OP Priority. To apply to domes plicable to aU price regulations, with the ers, Ohio, may charge $0.50 a ton in excess tic and international messages filed only exception of those on scrap, waste, and sal of Baising point base prices for No. 2 foun by the War and Navy Departments. vage materials.] dry, basic, bessemer and malleable. (c) Priority. To apply to any domes [Note: Supplementary Order No. 28 (7 P.R. § 1306.57 [Revoked as of March 1,1942 tic or international message filed by the 9619) provides for the filing of applications State, War or Navy Departments and to for adjustment or petitions for amendment by Amendment 1, 7 F.R. 2841] based on a pending wage or salary increase any other domestic message requiring § 1306.58 Geographical application. immediate transmission for war purposes requiring the approval of the National War The provisions of Price Schedule No. 10 Labor Board.] shall apply only to sales, offers to sell or or to safeguard life or property and § 1306.56 Appendix A: Basing point delivery of pig iron moving within, into, which relates to one or more of the fol \base prices for pig iron (per gross ton— or out of one of the forty-eight States of lowing matters: 2,240 lbs.); switching charges; certain the United States or the District of Immediate dangers due to the presence of differentials. Columbia. the enemy. ‘ 7 F. R. 8961. § 1306.59 Effective dates of amend * 6 F.R. 6367. 'Revised: 7 FR. 8961. ments. * 7 FR. 1777.

I FEDERAL REGISTER, Thursday, January 28, 1943 1239

Emergency communications in connection [Order 28] TITLE 38—PENSIONS, BONUSES, with actual military or naval requirements. art elegraph ervice AND VETERANS’ RELIEF - Hurricane, flood, earthquake, or other dis P 1723—T S a ster. FRANKS, DEADHEAD MESSAGE, ETC. Chapter I—Veterans’ Administration

Messages designated “US Urgent,” “OP Whereas, the Board of War Commu P art 2—Adjudication: Veterans’ Claims Priority,” and “Priority” shall interrupt nications, on December 17, 1942, by its the transmission of all- telegraph mes Order No. 25-C,1 directed that the Fed DETERMINATIONS AS TO BASIC ENTITLEMENT sages of lower precedence. eral Communications Commission de § 2.1066 “Line of duty” under §§ 35.- (d) Rapid. To apply to any doihestic velop a plan for the curtailment of the 011 and 35.012.1 Sections 35.011 and message which requires prompt trans use of franks and deadhead messages 35.012 require that a disabling condition and the elimination of “free service” for which pension or compensation is mission and delivery for the national de messages and report its specific recom fense and security, the successful con claimed shall have been incurred in line mendations to the Board; and of duty, except in cases where a right duct of the war, or to safeguard life or Wherea^ the Federal Communications to pension or compensation is preserved property and which involves matters of Commission has submitted its report and by § 35.04. The records of service de the following type: recommendations to the Board; partments will be accepted in determin Im portant governmental functions. Now, therefore, by virtue of the au ing “line of duty” status of diseases and Machinery, tools, or raw materials for war thority vested in the Board by Execu injuries, unless considerations set forth p la n ts . tive Order No. 89642 of December 10, in § 35.10, paragraph VIH, may warrant Production, movement, and diversion of 1941, prescribing regulations governing a different finding. Any evidence which essential supplies. the preference and priority of commu is properly admissible or acceptable ac M aintenance of essential public services. nications, and by virtue of the authority cording to the practice of the Veterans’ Supply, movement, and diversion of food. vested in the Board by Executive Order Administration, and which is of a na Civilian defense or public health and safety. No. 90898 of March 6, 1942, prescribing ture competent to demonstrate that the regulations governing the use, control, § 1722.2 Procedure for indicating pri incurrence of disability was or was not supervision, and closing of stations and in line of duty, according to conditions orities. The priority indicators “US facilities for wire communications; It specified in § 35.10, paragraph VHI, may Urgent,” “OP Priority,” “Priority,” and is hereby ordered as follows: be used as a basis for adjudications, de “Rapid” should be written by the sender § 1723.1 Franks. All domestic tele spite any official military or naval rec in the “To” space immediately before graph carriers shall limit and restrict ord with respect to manner of incur the address on messages being trans the issuance, exchange, and use of franks, rence. These determinations will be mitted over commercial circuits. They and shall accord all messages submitted made by the officials of the Veterans’ Ad are to be transmitted in plain language. under franks the status of “night let ministration charged with the respon ters”. sibility of deciding claims for monetary § 1722.3 Other messages. Messages or other benefits in the administration not designated with one of the foregoing § 1723.2 Deadhead messages. All do of laws in which line of duty is a factor. priorities shall be handled in accordance mestic telegraph carriers shall resrict Such determinations will be final, sub with legally established classifications the use of deadhead messages on com ject to appeal procedure, except when and tariffs on file with the Federal Com pany business, and shall designate re the determination of the service depart munications Commission. sponsible employees to authorize all such ment with respect to line of duty in the deadhead messages before transmittal. case of a living or deceased veteran is § 1722.4 Definition of domestic mes The carriers shall so far as practicable not concurred in by those having the sage. As used in this order, domestic handle such deadhead messages as de foregoing responsibility and the file message means any telegraph message ferred traffic. shows that the service department’s de originating in the Continental United § 1723.3 Limitations upon free service termination was approved personally by States and destined to a point in the messages. No domestic telegraph carrier the Secretary of the Navy, Secretary of Continental United States, Canada, or shall transmit any free service message War, The Adjutant General of the Army Mexico. for a sender or addressee of a message al or by the Secretary of the Treasury. § 1722.5 Priorities procedures. The ready filed, Provided, however, That a Such excepted cases will be forwarded Federal Communications Commission is telegraph carrier may transmit messages to the director of the service concerned correcting errors#or other faults of a together with a full statement of the hereby requested and authorized in co carrier participating in the transmission reasons why the line of duty decision as operation with the carriers concerned to of the original message. made by the Department Secretary or evolve procedures and routines to effec the Adjutant General should not be ac tuate the precedence and requirements § 1723.4 Filing of instructions issued cepted. If the decision of the Depart set forth in this order. by carriers. Copies of all instructions issued pursuant to this Order shall be ment Secretary or the Adjutant General § 1722.6 Violations. Any sender of a filed with the Federal Communications is concurred in by the director of the telegraph message who wilfully obtains Commission within 30 days after the date service concerned the case will be re or attempts to obtain priority for a tele turned to the agency of original juris hereof; copies of all amendments or ad diction for adjudication accordingly. graph message by fraudulently designat ditions to such instructions shall be filed ing such message as a priority message upon issuance. But if such determination is not con or by furnishing false information to curred in the case will be forwarded to any telegraph carrier for the purpose of Subject to such further order as the the assistant administrator. If the as obtaining a priority, shall be subject to Board may deem appropriate. sistant administrator concurs in the De appropriate governmental action. B oard of W ar Communications, * partment’s determination the file will J ames Lawrence F ly, Chairman. be returned to the office having jurisdic Subject to such further order as the tion for adjudication accordingly. But Board may deem appropriate. Attest: January 21, 1943. if he does not concur the case will be Board of W ar Communications, ~ H erbert E. Gaston, referred to the Administrator for his J ames Lawrence F ly, Chairman. Secretary. determination. Whenever a decision is Attest: January 21,1943. rendered by the board of veterans’ ap [P. R. Doc. 43-1373; Piled, January 27, 1943; peals in which that board does not con H erbert E. G aston, 10:38 a. m.] Secretary. cur in a decision as to line of duty ap 17 F.R. 10794. proved personally by the Secretary of [P. R. Doc. 43-1372; Piled, January 27, 1943; *6 P.R. 6367. 10:38 a. m.] » 7 PR. 1777. Section 2.1066 is being revised. 1240 FEDERAL REGISTER, Thursday, January 28, 1943

War, Navy or Treasury or by The Ad the Interstate Commerce Act of trans 434-435, 41 Stat. 493, sec. 13, 54 Stat. jutant General of the Army, such deci porting coal or other material used by 916; 49 U.S.C. 20 (l)-(8 )) sion will be referred to the Administra such railroads in their operations, usu tor for his determination. For the pur ally referred to as “company material,” By the Commission, Division 1. pose of ascertaining “line of duty” sta in carloads, through the point or points [seal] W. P. Bartel, tus for periods of time prior to June 16, at which such material is to be used or Secretary. 1938, continuous periods of leave will be stored, to a more distant point, and [F. R. Doc. 43-1422; Filed, January 27, 1943; considered as one extended leave in de back-hauling such material to the point 11:52 a. m.] termining whether a leave of absence is or points of use or storage, is hereby sus of such duration as to interfere mate pended and prohibited. (40 Stat. 101, rially with the routine performance of sec. 402, 41 Stat 476, sec. 4, 54 Stat. 901; duty. The provisions of § 35.10, para 49 U.S.C. 1 (10)—(17)) Notices graph VIII will be observed carefully in elfecting all adjudication where a ques It is further ordered, That this order shall become effective immediately and TREASURY DEPARTMENT. tion of incurrence of disease or injury shall remain in force until further order in line of duty is pertinent: Provided, Fiscal Service; Bureau of the Public That on or after June 16, 1938, the date of the Commission; that copies of this of approval of Public No. 648, 75th Con order and direction shall be served upon Debt. gress, the fact that the injury was suf all common carriers by railroad subject [1943 Department Circular 685, to the Interstate Commerce Act and Amendment 1] fered or the disease was contracted while upon the Association of American Rail the person on whose account benefits are 2 1/2 P ercent T reasury B onds of 1962-67 claimed was on authorized leave (irre roads, Car Service Division; and that notice of this order be given to the gen J anuary 21, 1943. spective of the duration of such leave) eral public by depositing a copy in the will not of itself bar a finding that the office of the Secretary of the Commission Department Circular No. 685, dated disability or death resulting therefrom at Washington, D. C., and by filing it May 4, 1942 (7 F.R. 3371), is hereby was incurred in line of duty. If the with the Director, Division of the Fed amended by striking out the date “May injury was suffered or the disease was 5, 1952” where it occurs in the second contracted while the person who served eral Register, The National Archives. sentence of paragraph 4 of section n , and was away from camp or his post of duty, By the Commission, Division 3. inserting in lieu thereof the date “Febru the burden is upon the claimant to es [seal] W. P. Bartel, ary 1,1943”. Secretary. tablish line of duty. If, however, the [seal] D. W. Bell, injury was suffered or the disease was [F. R. Doc. 43-1421; Filed, January 27, 1943; Acting Secretary of the Treasury. contracted while the person who served 11:52 a. m.] was at camp or his post of duty,, even [F. R. Doc. 43-1329; Filed, January 26, 1943; though in a leave status, the burden is 2:12 p. m.] upon the Government to show that the P art 120—Annual, Special or P eriodical disability or death resulting therefrom R eports was not in line of duty. (January 26, 1943) £48 Stat. 8, 9; 38 U.S.C. 701, 7071 FORM PRESCRIBED FOR SMALL STEAM ROADS [1943 Department Circular 692, At a session of the Interstate Com Amendment 1] F rank T. H ines, Administrator. merce Commission, Division 1, held at 2% P ercent T reasury Bonds of 1962-67 its office in Washington, D. C., on the Additional I ssue [P. R. Roc. 43-1367; Piled, January 26, 1943; 20th day of January, A. D. 1943. 4:43 p. m.] In the matter of Annual Reports from J anuary 21,1943. Steam Railway Companies of Class HI, Department Circular No. 692, dated and the corresponding section of the August 3, 1942 (7 F.R. 6017), is hereby Code of Federal Regulations, the follow amended by striking out the date “May 5, 1952” where it occurs in the second TITLE 49—TRANSPORTATION AND ing order was entered: It is ordered, That the order of this sentence of paragraph 5 of section II, RAILROADS Commission dated December 5, 1941,1 and inserting in lieu thereof the date Chapter I—Interstate Commerce In the Matter of Annual Reports from “February 1, 1943”. Commission Steam Railway Companies of Class HI [seal] D. W. Bell, be, and it is hereby vacated and set aside Acting Secretary of the Treasury. [Service Order 105J effective January 1,1943, and the follow [F. R. Doc. 43-1330; Filed, January 26, 1943; P art 95—Car Service ing order shall become effective: 2:12 p. m.] § 120.12 Form prescribed for small BACK-HAULING COMPANY MATERIAL steam roads, (a) All steam railway com At a session of the Interstate Com panies of Class HI, excluding switching merce Commission, Division 3, held at and terminal companies, subject to the DEPARTMENT OF THE INTERIOR. its office in Washington, D. C., on the provisions of section 20, Part I, of the 26th day of January, A. D. 1943. Interstate Commerce Act, are hereby Bituminous Coal Division. It appearing that certain railroads required to file annual reports for the [Docket No. B-255] are transporting coal or other material year ended December 31, 1942, and for Sheesley Coal Company used by such railroads in their opera each succeeding year until further order, tions, usually referred to as “company in accordance with Annual Report Form ORDER GRANTING APPLICATION FOR RESTORA material,” through the point or points C (Small Roads), which is hereby ap TION OF CODE MEMBERSHIP at which such material is to be used or proved and made a part of this order.2 A written complaint dated April 29, stored to a more distant point, and (b) The annual report shall be filed, 1942, having been filed on May 1, 1942, back-hauling such material to the point in duplicate, in the Bureau of Transport by the Bituminous Coal Producers or points of use or storage, which prac Economics and Statistics, Interstate Board for District No. 1, complainant, tice results in wasteful transportation; Commerce Commission, Washington, pursuant to sections 4 H (j) and 5 (b) of and that an emergency exists requiring D. C., on or before March 31 of the year the Bituminous Coal Act of 1937 (the immediate action to prevent shortage of following the one to which it relates. “Act”) alleging wilful violation by railroad equipment and congestion of (Sec. 20, 24 Stat. 386, sec. 7, 34 Stat. 593, Sheesley Coal Company, a corporation, traffic: It is ordered, That: 35 Stat. 649, sec. 14, 36 Stat. 556, secs. 837 Homer Street, Johnstown, Pennsyl § 95.5 Back-hauling company mate vania, of the Bituminous Coal Code and rial. The operation of the practice of *6 F.R. 6807. the rules and regulations thereunder; common carriers by railroad subject to * Filed as part of the original document. and FEDERAL REGISTER, Thursday, January 28, 1943 1241 Sheesley Coal Company, having filed section 6 of the Act are issued under Men’s work clothing; 3 learners (T); with the Bituminous Coal Division (the section 14 thereof, Part 522 of the regula January 28, 1944. “Division”) on January 16, 1943, its ap tions issued thereunder (August 16,1940, Penn State Underwear Mills, Inc., 601 plication for restoration of its code mem 5 F.R. 2862, and as amended June 25, North Jordan St., Allentown, Penn.; bership to become effective simultane 1942, 7 P.R. 4723), and the Determina Children’s overalls and sun suits; 10 per ously with the effective date of the Or tion and Order or Regulation listed be cent (T); January 28, 1944. der entered in Docket No. B-255, issued low and published in the F ed er a l R e g is Philadelphia Pants Company, 26th and December 14, 1942, canceling and revok t e r as here stated. Reed Streets, Philadelphia, Pennsyl ing the code membership of said Shees Apparel Learner Regulations, September 7, vania; Men’s trousers; 10 percent (T ); ley Coal Company in the Bituminous 1940 (5 P.R. 3591). January 28, 1944. Coal Code (the “Code”) ; and Single Pants, Shirts and Allied Garments, Southwestern Jacket Mfg. Co., Inc., It appearing from said application and Women’s Apparel, Sportswear, Rainwear, 332 W. Commerce Street, San Antonio, other information in the possession of Robes, and Leather and Sheep-Lined Gar Texas; Washable coats, pants, doctors’ the Division, that the said Sheesley Coal ments Divisions of the Apparel Industry, gowns, nurses’ dresses, waiters’ and Company paid to the Collector of Inter Learner Regulations, July 20, 1942 (7 F.R. 4724). waitresses’ uniforms, defense uniforms; nal Revenue at Pittsburgh, Pennsyl Artificial Flowers and Feathers Learner 5 learners (T); January 28,1944. vania, on January 4, 1943, the sum of Regulations, October 24, 1940 (5 F.R. 4203). The Star Union Company of Tennessee, $265.09, pursuant to said order issued De Glove Findings and Determination of Manchester, Tennessee; Men’s and boys’ cember 14, 1942, in the above-entitled February 20, 1940, as amended by Adminis pajamas, U. S. Army shorts, U. S. Army matter, as a condition precedent to the trative Order of September 20, 1940 (5 F.R. hospital pajamas; 10 percent (T); Jan restoration of its code membership. 3748). uary 28, 1944. Now therefore it is ordered, That said Hosiery Learner Regulations, September 4, Woods Manufacturing Company, 200 application of Sheesley Coal Company, 1940 (5 FJR. 3530), Independent Telephone Learner Regula Garrison Ave., Fort Smith, Arkansas; filed with the Division on January 16, tions, September 27, 1940 (5 F.R. 3829) . Dress and semi-dress trousers, Army 1943, for restoration of its code member Knitted Wear Learner Regulations, Oc trousers; 10 percent (T); January 28, ship, be, and the same hereby is, granted. tober 10, 1940 (5 F.R. 3982). 1944. It is further ordered that said restora Millinery Learner Regulations, Custom Hosiery Industry tion of the code membership of Sheesley Made and Popular Priced, August 29, 1940 (5 Coal Company be, and the same hereby F.R. 3392, 3393). Grayson Full Fashioned Hosiery Mill, is effective December 14, 1942. Textile Learner Regulations, May 16, 1941 Independence, Virginia; Full fashioned Dated: January 23,1943. (6, F.R. 2446). hosiery; 5 percent (T); January 28,1944. Woolen Learner Regulations, October 30, York United Hosiery, Inc., East Street [ s e a l ] D a n H . W h e e l e r , 1940 (5 FE. 4302). and P. R. R„ York, Pennsylvania; Full Director, Notice of Amended Order for the Employ fashioned hosiery; 5 learners (T); Janu ment of Learners in the Cigar Manufactur [P. Rf. Doc. 43-1327; Piled, January 26, 1943; ing Industry, July 20, 1941 (6. F.R. 3753). ary 28,1944. 12:19 p. m.] The employment of learners under Telephone Industry these certificates is limited to the terms Clarke County Telephone Company, and conditions as to the occupations, Osceola, Iowa; To emptoy learners as [Docket No. B-350] learning periods, minimum wage rates, et commercial switchboard operators at its E arl M . R ead cetera, specified in the Determination Osceola exchange, located at Osceola, and Order or Regulation for the industry Iowa until January 28, 1944.’ ORDER POSTPONING HEARING designated above and indicated opposite Textile Industry The above-entitled matter having the employer’s name. These certificates been heretofore scheduled for hearing become effective January 28, 1943. The Canisteo Corporation, 8-10 Russell on January 27,1943, at 2 p. m., at a hear certificates may be cancelled in the man Street, Canisteo, New York; Rayon, ing room of the Bituminous Coal Divi ner provided in the regulations and as nylon, yarns and silk; 3 learners (T); sion at the Clearfield County Court indicated in the certificates. Any per January 28, 1944. House, Clearfield, Pennsylvania, pursu son aggrieved by the issuance of any of Suncook Mills, Canal Street, Suncook, ant to an order issued in the above en these certificates may seek a review or New Hampshire; Rayon and cotton fab titled matter on December 19, 1942; and reconsideration thereof. rics; 3 percent (T); January 28, 1944. The Director deeming it advisable that N a m e a n d A dd ress o f F ir m , I n d u s t r y , P rod Cigars Industry said hearing in the above-entitled mat u c t , N u m b e r o f L e a r n e r s a n d E x p ir a t io n D a te General Cigar Company, 154 W. ter be, and the same hereby is, postponed Church St., Nanticoke, Pennsylvania; from January 27, 1943, at 2 p. m., to a Single Pants, Shirts and Allied Gar Cigars; 10 percent (T); Cigar packers time and place to be hereafter designated ments, Women’s Apparel, Sportswear, to have a learning period of 320 hours at by an appropriate order. Rainwear, Robes, and Leather and 75% of applicable minimum wage; Jan Dated: January 23, 1943. Sheep-Lined Garments Divisions of uary 27, 1944. [ s e a l ] D a n H . W h e e l e r , the Apparel Industry: Signed at New York, N. Y., this 26th Director. Frances Dress Company, 1201 Wyo day of January 1943. [P. R. Doc. 43-1328; Piled, January 26, 1943; ming Avenue, Scranton, Pennsylvania; M e r l e D. V in c e n t , 12:19 p. m.] Lades’ dresses; 10 learners (T); January Authorized Representative 28, 1944.. of the Administrator. S. Kantor Company, 31 S. 8th St., Leb [F. R. Doc. 43-1369; Filed, January 27, 1943; anon, Pennsylvania; Ladies’ blouses; 10 9:30 a. m.] DEPARTMENT OF LABOR. percent (T); January 28, 1944. Wage and Hour Division. Lady Ester Lingerie Corp., Tenth and Walnut, Berwick, Pennsylvania; Ladies' I nternational S h o e C o ., S t . L o u is , L e a r n er E m p l o y m e n t C ertificates undergarments, aprons; 10 learners (T); M is s o u r i ISSUANCE TO VARIOUS INDUSTRIES January 28, 1944. NOTICE OF GRANTING EXCEPTION The Mack Shirt Corporation, 209 E. Notice of issuance of special certifi Notice is hereby given that pursuant to cates for the employment of learners 6th St., Cincinnati, Ohio; Men’s shirts; § 516.18 of the Record Keeping Regula under the Pair Labor Standards Act of 25 learners (E); July 28,1943. tions, Part 516, issued under authority in 1938. The Mack Shirt Corporation, 1416 Vine the Fair Labor Standards Act of 1938, the Notice is hereby given that special St., Cincinnati, Ohio; Men’s shirts; 10 Administrator of the Wage and Hour certificates authorizing the employment learners (E); July 28, 1943. Division hereby grants to the Interna of learners at hourly wages lower tharr Muscatine Pants & Overall Company, tional Shoe Company of St. Louis, Mis the minimum wage rate applicable under 414-416 E. Third St., Muscatine, Iowa; souri, relief from the necessity of preserv- 1242 FEDERAL REGISTER, Thursday, January 28, 1943 ing its employees’ piece-work tickets as be held on January 29, 1943, 10 a. m. cate that compensation will not be paid required by § 516.15 (a) (1) of the record (eastern war time) in Room 5417 Com in lieu thereof, if and when it should be keeping regulations: Provided, That the merce Building, 14th Street and Consti determined that such return should be weekly totals of piece work performed by tution Avenue NW., Washington, D. C. made or such compensation should be each employee are entered in the payroll Dated Washington, D. C., January 23, paid. records and the payroll records are pre 1943. Any persons, except a national of a served for the period required by § 516.14 By the Civil Aeronautics Board. designated enemy country, asserting any of the record keeping regulations. [seal] D arwin Charles B rown, claim arising as a result of this order This authority is granted on the repre Secretary. may file with the Alien Property Custo sentations of the petitioner and is sub dian a notice of his claim, together with ject to revocation for cause. [F. R. Doc. 43-1370; Filed, January 27, 1943; a request for â hearing thereon, on Form . Signed at New York, New York, this 9:54 a. xn.] APC-4, within one year from the date 22d day of January 1943. hereof, or within such further time as L. Metcalfe W alling, may be allowed by the Alien Property Administrator. Custodian. OFFICE OF ALIEN PROPERTY CUS The terms “national” and “designated [F. R. Doc. 43-1368; Filed, January 27, 1943; TODIAN. enemy country” as used herein shall have 9:30 a. m.] the meanings prescribed in section 10 of [ Vesting Order 703 ] said Executive Order. E state of Auguste Schnitzler Dated: January 18, 1943. [seal] Leo T. Crowley, CIVIL AERONAUTICS BOARD. In re: Estate of Auguste Schnitzler, deceased—File D-28-1527; E. T. sec. 274. Alien Property Custodian. [Docket Nos. 314, 414, 424, 521, 522, 532, 537] Under the authority of the Trading [F. R. Doc. 43-1374; Filed, January 27, 1943; T ranscontinental & W estern Air, I nc. with the Enemy Act as amended, Execu 10:41 a. m.] tive Order 9095 as amended, and pur NOTICE OF POSTPONEMENT OF ORAL suant'to law, the Alien Property Cus ARGUMENT todian after investigation, [Vesting Order 735] In the matter of the applications of Finding that— Transcontinental & Western Air, Inc., (1) The property and interests hereinafter E state of G iuseppe Amico Western Air Lines, Inc., and United Air described are property which is in the process In re: Estate of Giuseppe Amico, also Lines Transport Corporation for certifi of administration by Title Guarantee and known as Calagero Lumia, deceased—File Trust Company, of 196 Montague Street, cates of public convenience and necessity Brooklyn, New York, Executor and Trustee, No. D-38-457; E. T. sec. 789. and amendment of- existing certificates acting under the judicial supervision of Sur Under the authority of the Trading under section 401 of the Civil Aeronau rogate’s Court of the State of New York, in with the Enemy Act as amended, Execu tics Act of 1938, as amended. and for the County of New York; tive Order 9095 as amended, and pursu Notice is hereby given pursuant to the (2) Such property and interests are pay ant to law, the Alien Property Custodian Civil Aeronautics Act of 1938, as able or deliverable to, or claimed by nationals after investigation, of a designated enemy country, Germany, amended, particularly sections 401 and Finding that 1001 of said Act, in the above-entitled namely, Last known (1) The property and interests hereinafter proceedings, that oral argument now as Nationals: address described are property which is in the process signed to be held on January 29, 1943, is Carl Schmidt------Germany. of administration by the Treasurer of the hereby postponed to February 9,1943,10 Minna Schmidt______Germany. City of New York as depositary acting under a. m. (eastern war time) in Room 5042 Joachim Heinrich Schmidt____ Germany. the judicial supervision of the Surrogate’s Commerce Building, 14th Street and Con Issue, distributees and next of Germany, Court of the State of New York, in and for stitution Avenue NW, Washington, kin, if any, of Gustave Kings County; Schmidt, deceased. (2) Such property and interests are pay D. C., before the Board. able or deliverable to, or claimed by, na Dated Washington, D. C., January 26, And determining that— tionals of a designated enemy country, Italy, 1943. (3) If such nationals are persons not namely, By the Civil Aeronautics Board. within a designated enemy country, the na Last known tional interest of the United States requires Nationals: address [seal] D arwin Charles Brown, that such persons be treated as nationals of Concettina Trifiro Lumia______Italy. Secretary. a designated enemy country, Germany; and Marrieta Lumia______Italy. [F. R. Doc. 43-1371; Filed, January 27, 1943; 9:54 a. m.] Having made all determinations and taken And determining that— all action, after appropriate consultation and (3) If such natiohals are persons not certification required by said Executive Order within a designated enemy country, the na or Act or otherwise, and deeming it necessary tional interest of the United States requires [Docket Nos. 604 and 634] in the national interest, that such persons be treated as nationals of a designated enemy country, Italy; and T ranscontinental & W estern Air , I nc. Now, therefore, the Alien Property Custodian hereby vests the following Having made all determinations and taken NOTICE OF HEARING property and interests: all action, after appropriate consultation and In the matter of the petition of Trans certification, required by said Executive Or All right, title, interest, and claim of any der or Act or otherwise, and deeming it nec continental & Western Air, Inc., for an kind or character whatsoever of Carl Schmidt, essary in the national interest, order fixing and determining the fair Minna Schmidt, Joachim Heinrich Schmidt, and reasonable rates of compensation and other issue, distributees and next of kin, Now, therefore, the Alien Property for the transportation of mail by air if any, of Gustave Schmidt, deceased, and Custodian hereby vests the following craft, the facilities used and useful each of them, in and to the Estate of Auguste property and interests: Schnitzler, deceased, therefor, and the services connected All right, title, interest, and claim of any therewith over route No. 2. to be held, used, administered, liqui kind of character whatsoever of Concettina In the matter of the compensation for dated, sold or otherwise dealt with in Trifiro Lumia and Marrieta Lumia and each the transportation of mail by aircraft, the interest of and for the benefit of of them in and to the Estate of Guiseppe the facilities ‘used and useful therefor, the United States. Amico, also known as Calagero Lumia, de and the services connected therewith of Such property and interests and any ceased, Transcontinental & Western Air, Inc., or all of the proceeds thereof shall be to be held, used, administered, liquidated, over Routes Nos. 36, 37, 38, 44 and 58. held in a special account pending further sold or otherwise dealt with in the in Notice is hereby given pursuant to the determination of the Alien Property Cus terest of and for the benefit of the United Civil Aeronautics Act of 1938, as todian. This shall not be deemed to limit States. amended, particularly sections 406 and the powers of the Alien Property Custo Such property and interests and any 1001 of said Act, in the above-entitled dian to return such property and inter or all of the proceeds thereof shall be proceeding, that hearing is assigned to ests or the proceeds thereof, or to indi held in a special account pending further FEDERAL REGISTER, Thursday, January 28, 1943 1243 determination of the Alien Property Cus East Half, of the Northeast Quarter, of Sec All right, title, interest, and claim of any todian. This shall not be deemed to tion Eight, Township Seven, Range Thirteen, kind or character whatsoever of Martha Rit in Otoe County, Nebraska. Together with all ter in and to the Estate of Dorothy Burk, limit the powers of the Alien Property improvements and appurtenances thereunto deceased, Custodian to return such property and belonging, , interests or the proceeds thereof, or to to be held, used, administered, liquidated, indicate that compensation will not be to be held, used, administered, liquidated, sold or otherwise dealt with in the inter paid in lieu thereof, if and when it should sold or otherwise dealt with in the in est of and for the benefit of the United be determined that such return should terest of and for the benefit of the United States. be made or such compensation should States. Such property and interests and any be paid. Such property and interests and any or all of the proceeds thereof shall be Any person, except a national of a or all of the proceeds thereof shall be held in a special account pending fur designated enemy country, asserting any held in a special account pending further ther determination of the Alien Prop claim arising as a result of this order determination of the Alien Property Cus erty Custodian. This shall not be deemed may file with the Alien Property Custo todian. This shall not be deemed to limit to limit the powers of the Alien Property dian a notice of his claim, together with the powers of the Alien Property Custo Custodian to return such property and a request for a hearing thereon, on Form dian to return such property and inter interests or the proceeds thereof, or to APC-1, within one year from the date ests or t;he proceeds thereof, or to indi indicate that compensation will not be hereof, or within such further time as cate that compensation will not be paid paid in lieu thereof, if and when it should may be allowed by the Alien Property in lieu thereof, if and when it should be be determined that such return should Custodian. determined that such return should be be made or such compensation should be The terms “national” and “desig made or such compensation should be paid. nated enemy country” as used herein paid. Any person, except a national of a shall have the meanings prescribed in Any person, except a national of a des designated enemy country, asserting any section 10 of said Executive Order. ignated enemy country, asserting any claim arising as a result of this order may Dated: January 23, 1943. claim arising as a result of this order file with the Alien Property Custodian [seal] Leo T. -Crowley, may file with the Alien Property Custo a notice of his claim, together with a Alien Property Custodian. dian a notice of his claim, together with request for a hearing thereon, on Form a request for a hearing thereon, on Form APC-1, within one year from the date [F. R. Doc. 43-1375: Filed, January 27, 1943: APC-1, within one year from the date 10:41 a. m.] hereof, or within such further time as hereof, or within such further time as may be allowed by the Alien Property may be allowed by the Alien Property Custodian. Custodian. The terms “national” and “designated [Vesting Order 737] The terms “national” and “designated enemy country” as used herein shall have E state of K arl Binder enemy country” as used herein shall have the meanings prescribed in section 10 of the meanings prescribed -in section 10 of In re: Estate of Karl Binder, de said Executive Order. said Executive Order. ceased—File D-28-1321; E. T. sec. 129. Dated; January 23, 1943. Dated: January 23, 1943. Under the authority of the Trading [seal] Leo T. Crowley, [seal] Leo T. Crowley, with the Enemy Act as amended, Execu Alien Property Custodian. Alien Property Custodian. tive Order 9095 as amended, and pursu ant to law, the Alien Property Custodian [F. R. Doc. 43-1376; Filed, January 27, 1943; [F. R. Doc. 43-1377; Filed, January 27, 1943; after investigation, 10:41 a. m.] 10:41 a. m.] Finding that— (1) The property and interests described [Vesting Order 738] below in subparagraphs (a) and (b) are [Vesting Order 739] property which is in the process of admin E state of Dorothy Burk istration by Harm Guthals, Administrator In re: Estate of Dorothy Burk, de T rust of Sara C. Carpenter, et al. c. t. a., Talmage, Nebraska, acting under the ceased—File D-28-1497; E. T. sec. 213. In re: Trust of Sara C. Carpenter, et judicial supervision of the County Court of Under the authority of the Trading Otoe County, Nebraska; al., under Deed of Trust dated June 19, (2) Such property and interests are paya with the Enemy Act as amended, Execu 1907—File D-28-3324; E. T. sec. 699. ble or deliverable to, or claimed by, a na tive Order 9095, as amended, and pursu Under , the authority of the Trading tional of a designated enèmy country, Ger ant to law, thé Alien Property Custodian with the Enemy Act as amended, Execu many, namely, Friederieh Binder, whose last after investigation, tive Order 9095 as amended, and pursu known address is Germany; and Finding that— ant to law, the Alien Property Custodian (3) The property and interests described (1) The property and interests hereinafter after investigation, in subparagraph (b) are property within the described are property which is in the proc United States owned Or controlled by the ess of administration by Fidelity Union Finding that— aforesaid national of a designated enemy Trust Companjt Administrator, acting under (1) The property and interests herein country, Germany: and the judicial supervision of the Essex County after described are property which is in the Determining that— Surrogate’s Court,-New Jersey; process of administration by Land Title (4) If such national is a person not within (2) Such property and interests are pay Bank and Trust Company, Trustee, 100 South a designated enemy country, the national in able or deliverable to, or claimed by, a Broad Street, Philadelphia, Pennsylvania, terest of the United States requires that national of a designated enemy country, acting under the judicial supervision of such person be treated as a national of a Germany, namely, Common Pleas Court of the State of Penn designated enemy country, Germany; and Lost known sylvania, in and for the County of Phila Having made all determinations and taken National : address delphia; all action, after appropriate consultation and Martha Ritter______Germany. (2) Such property and interests are pay able or deliverable to, or claimed by, a na certification, required by said Executive Or And determining that— der or Act or otherwise, and deeming' it nec tional of a designated enemy country, Ger (3) If such national is a person not within many, namely, Mrs. S. Atlee Fritze, whose essary in the national interest, a designated enemy country, the national in terest of the United States requires that such last known address is Germany; and Now, therefore, the Alien Property person be treated as a national of a desig Determining that— Custodian hereby vests the following nated enemy country, Germany; and (3) If such national is a person not with property and interests: in a designated enemy country, the national Having made all determinations and taken interest of the United States requires that (a) All right, title, interest, and claim of all action, after appropriate consultation and such person be treated as a national of a any kind or character whatsoever of Fried- certification, required by said Executive Or designated enemy country, Germany; and erich Binder in and to the estate of Karl der or Act or otherwise, and deeming it Binder, deceased; and necessary in the national interest. Having made all determinations and taken (b) All right, title, interest, and estate, all action, after appropriate consultation and both legal and equitable, of Friederieh Binder Now, therefore, the Alien Property certification required by said Executive Or in and to the real property situated in Otoe Custodian hereby vests the .follow prop der or Act or otherwise, and deeming it nec County, Nebraska, and described as follows: erty and interests: essary in the national interest, No. 19- -5 1244 FEDERAL REGISTER, Thursday, January 28, 1943 Now, therefore, the Alien Property der or Act or otherwise, and deeming it nec or Act or otherwise, and deeming it necessary Custodian hereby vests the following essary in the national Interest, in the national interest, property and interests: Now, therefore, the Alien Property Now, therefore, the Alien Property All right, title, interest, and claim of any Custodian hereby vests the following Custodian hereby vests the following kind or character whatsoever of Mrs. S. Atlee property and interests: property and interests: Fritze in and to the trust estate created by All right, title, interest, and claim of any All right, title, interest, and claim of any Deed of Trust of Sara C. Carpenter et al., kind or character whatsoever of Frau Lina kind or character whatsoever of Maria dated June 19, 1907, Frank in and to the Estate of Ethel Deodata Mehltretter, in and to the Estate of Marie to be held, used, administered, liquidated, Earle, deceased, Fesenmeier, deceased, sold or otherwise dealt with in the inter to be held, used, administered, liquidated, to be held, used, administered, liquidated, est of and for the benefit of the United sold or otherwise dealt with in the in sold or otherwise dealt with in the in States. terest of and for the benefit of the United terest of and for the benefit of the United Such'porperty and interests and any States. States. or all of the proceeds thereof shall be Such property and interests and any Such property and interests and any, held in a special account pending further or all of the proceeds thereof shall be or all of the proceeds thereof shall be determination of the Alien Property held in a special account pending further held in a special account pending further Custodian. This shall not be deemed to determination of the Alien Property Cus determination of the Alien Property Cus limit the powers of the Alien Property todian. This shall not be deemed to limit todian. This shall not be deemed to Custodian to return such property and the powers of the Alien Property Custo limit the powers of the Alien Property interests or the proceeds thereof, or to dian to return such property and inter Custodian to return such property and indicate that compensation will not be ests or the proceeds thereof, or to indicate interests or the proceeds thereof, or to paid in lieu thereof, if and when it that compensation will not be paid in indicate that compensation will not be should be determined that such return lieu thereof, if and when it should be paid in lieu thereof, if and when it should should be made or such compensation determined that such return should be determined that such return should should be paid. be made or such compensation should be be made or such compensation should Any person, except a national of a paid. be paid. designated enemy country, asserting any Any person, except a national of a Any person, except a national of a claim arising as a result of this order designated enemy country, asserting any designated enemy country, asserting any may file with the Alien Property Cus claim arising as a result of this order claim arising as a result of this order todian a notice of his claim, together may file with the Alien Property Custo may file with the Alien Property Cus with a request for a hearing thereon, on dian a notice of his* claim, together with todian a notice of his claim, together Form APC-1, within one year from the a request for a hearing thereon, on Form with a request for a hearing thereon, on date hereof, or within such further time APC-1, within one year from the date Form APC-1, within one year from the as may be alloVed by the Alien Property hereof, or within such further time as date hereof, or within such further time Custodian. may be allowed by the Alien Property as may be allowed by the Alien Property The terms “national” and “designated Custodian. Custodian. enemy country” as used herein shall The terms “national” and ^‘designated The terms “national” and “designated have the meanings prescribed in section enemy country” as used herein shall have enemy country” as used herein shall 10 of said Executive Order. the meanings prescribed in section 10 have the meanings prescribed in section Dated: January 23, 1943. of said Executive Order. 10 of the said Executive Order. [seal] L eo T. Crowley, Dated: January 23, 1943. Dated: January 23, 1943. Alien Property Custodian. [seal! Leo T. C rowley, [seal] Leo T. Crowley, Alien Property Custodian. Alien Property Custodian. IF. B. Doc. 48-1378; Filed, January 27, 1943; 10:41 a. m.j [F. B. Doc. 43-1379; Filed, January 27, 1943; [F. B. Doc. 43-1380; Filed, January 27, 1943; 10:42 a. m.J 10:42 a. m.]

[Vesting Order 740] I Vesting Order 741] [Vesting Order 742] E state of E thel Deodata E arle Estate of M arie F esenmeier E state of E mma F riederich In re: Estate of Ethel Deodata Earle, In re: Estate of Marie Fesenmeier, de deceased—Pile No. D-38-455; E.-T. sec. ceased—File F-28-9690; E. T. sec. 2085. In re: Estate of Emma Friederich, also 787. Under the authority of the Trading known as Emma Friedrich, deceased— Under the authority of the Trading with the Enemy Act, as amended, Execu File F-28-13575; E. T. sec. 2055. with th^ enemy Act as amended, Exec tive Order 9095, as amended, and pur Under the authority of the Trading utive Order 9095 as amended, and pur suant to law, the Alien Property Custo with .the Enemy Act as amended and suant to law, the Alien Property Custo dian after investigation, Executive Order 9095 as amended, and dian after investigation. Finding that— pursuant to law, the Alien Property Cus Finding that— (1) The property and interests hereinafter todian after investigation, (1) The property and Interests herein described is property which is in the process Finding that— after described are property which is in the of administration by Ben H. Brown, Public (1) The property and interests hereinafter process of administration by the Treasurer Administrator of Los' Angeles County, Ad described are property which is in the proc of the City of New York as depositary acting ministrator c. t. a., acting under the Judicial ess of administration by John D. Ficke, Ex under the Judicial supervision of the Surro supervision of the Superior Court of the ecutor, acting under the Judicial supervision gate’s Court of the State of New York, in State of California, in and for the County of of the Surrogate’s Court of the State of New and for Kings County; Los Angeles; York in and for Kings County. (2) Such property and”interests are pay (2) Such property and interest is payable (2) Such property and interests are pay able or deliverable to, or claimed by, a na or deliverable to or claimed by, a national of able or deliverable to, or claimed by, nation tional of a designated enemy country, Italy, a designated enemy country, Germany, als of a designated enemy country, Germany, namely, Frau Lina Frank whose last known namely Maria Mehltretter, whose last known namely, address is Italy; address is Freising, Germany; and Last known And determining that— Determining that— Nationals: address (3) If such national is a person not within (3) If such national is a person not within Paul Friederich...... Germany. a designated enemy country, the national a designated enemy country, the national in William Friederich______Germany. interest of the United States requires that terest of the United States requires that such Clara Friederich...... Germany. such person be treated as a national of a person be treated as a national of a desig Maria Friederich______Germany. designated enemy country, Italy; and nated enemy country, Germany, and Bruno Winkler—______Germany. Having made all determinations and taken Having made all determihations and taken Agon Winkler.__ ___ -__— Germany. all action, after appropriate consultation and all action, after appropriate consultation and Eringardt Frenzel____ — ------Germany. certification, required by said Executive Or- certification, required by said Executive Order Ginta Frenzel...... Germany. FEDERAL REGISTER, Thursday, January 28, 1943 1245

Last knovm Finding that— Under authority of the Trading with Nationals—Continued. address (1) The property and interests hereinafter the Enemy Act as amended, Executive Herbert Frenzel______Germany. described are property which is in the process Order 9095 as amended, and pursuant to Clara Frenzel______Germany. of administration by the Treasurer of the Maria Nelka______Germany. City of New York as depositary acting under law, the Alien Property Custodian after Paul Nelka______Germany. the judicial supervision of the Surrogate’s investigation, Rudolf Frenzel______Germany. Court of the State of New York, in and for Finding that— Bronx County: ( 1 ) The property and interests hereinafter And determining that— (2) Such iSbperty and interests are pay described are property which is in the proc (3) If such nationals are persons not with able or deliverable to, or claimed by, nationals ess of administration bÿ J. P. Mikolizix, in a designated enemy Country, the national of a designated enemy country, Roumania, interest of the, United States requires that Executor of the estate of Therese M. Grutter, such persons be treated as nationals of a namely> Last known sometimes known as Therese Mayer Grutter, designated enemy country, Germany, and Nationals: address deceased, acting under the judicial super Liba Podgaietz ______Roumania. vision of the County Court City and County Having made all determinations and taken Chana Stevenberg______^_Roumania. of Denver, Colorado; all action, after appropriate consultation and (2) Such property and interests are pay certification, required by said Executive Order And determining that— able or deliverable to, or claimed by, nationals or Act or otherwise, and deeming it necessary (3) If such nationals are persons not of a designated enemy country, Germany, in the national interest, within a designated enemy country, the na namely, tional interest of the United States requires Last knovm Now, therefore, the Alien Property that such persons be treated as nationals Nationals: address Custodian hereby vests the following of a designated enemy country, Roumania; Robert Schoch______Germany. property and interests: and René Schoch______Germany. All right, title, interest and claim of any Having made all determinations and taken all And determining that— kind or character whatsoever of Paul Fried- action, after appropriate consultation and (3) If such nationals are persons not erich, William Friederich, Clara Friederich, certification, required by said Executive Or within a designated enemy country, the Maria Friederich, Bruno Winkler, Agon der or Act or otherwise, and deeming it nec national interest of the United States re Winkler, Eringardt Frenzel, Ginta Frenzel, essary in the national interest, quires that such persons be treated as Herbert Frenzel, Clara Frenzel, Maria Nelka, nationals of a designated enemy country, Paul Nelka and Rudolf Frenzel, and each of Now, therefore, the Alien Property Germany; and them, in and to the estate of Emma Fried Custodian hereby vests the following erich also known as Emma Friedrich, de property and interests: Having made all determinations and taken ceased, all action, after appropriate consultation and All right, title, interest, and claim of any certification, required by said Executive to be held, used, administered, liqui kind or character whatsoever of Liba Pod Order or Act or otherwise, and deeming it dated, sold or otherwise dealt with in gaietz and Chana Stevenberg and each of them necessary in the national interest, in and to the Estate of Joseph Gru, deceased, the interest of and for the benefit of the Now, therefore, the Allen Property United States. to be held, used, administered, liquid- Custodian hereby vests the following Such property* and interests and any dated, sold or otherwise dealt with in the property and interests: or all of the proceeds thereof shall be interest of and for the benefit of the held in a special account pending further United States. All right, title, interest, and claim of any determination of the Alien Property Cus kind or character whatsoever of Robert Such property and interests and any Schoch and René Schoch and each of them, todian. This shall not be deemed to or all of the proceeds thereof shall be in and to the Estate of Therese M. Grutter, limit the powers of the Alien Property held in a special account pending further sometimes known as Therese Mayer Grutter, Custodian to return such property and determination of the Alien Property deceased, interests or proceeds thereof, or to in Custodian. This shall not be deemed to dicate that compensation will not be limit the powers of the Alien Property to be held, used, administered, liquidated, paid in lieu thereof, if and when it should Custodian to return such property and sold or otherwise dealt with in the in be determined that such return should interests or the proceeds thereof, or to terest of and for the benefit of the United be made or such compensation should indicate that compensation will not be States. be paid. paid in lieu thereof, if and when it should Such property and interests and any Any person, except a national of a des be determined that such return should or all of the proceeds thereof shall be ignated enemy country, asserting any be made or such compensation should be held in a special account pending further claim arising as a result of this order paid. determination of the Alien Property may file with the Alien Property Custo Any person, except a national of a des Custodian. This shall not be deemed to dian a notice of his claim, together with ignated enemy country, asserting any limit the powers of the Alien Property a request for a hearing thereon, on Form claim arising as a result of this order Custodian to return such property and APC-1, within one year from the date may file with the Alien Property Cus interests or proceeds thereof, or to in hereof, or within such further time as todian a notice of his claim, together with dicate that compensation will not be paid may be allowed by the Alien Property a request for a hearing thereon, on Form in lieu thereof, if and when it should be Custodian. APC-1, within one year from the date determined that such return should be The terms “national” and “desig hereof, or within such further time as made or such compensation should be nated enemy country” as used herein may be allowed by the Alien Property paid. shall have the meanings prescribed in Custodian. Any person, except a national of a section 10 of said Executive Order. The terms “national” and “designated designated enemy country, asserting any Dated: January 23, 1943. enemy country” as used herein shall have claim arising as a result of this order the meanings prescribed in section 10 of may file with the Alien Property Custo [seal] Leo T. C rowley, dian a notice of his claim, together with Alien Property Custodian. said Executive Order. Dated: January 23,1943. a request for a hearing thereon, on Form [F. R. Doc. 43-1381; Filed, January 27, 1943; [seal] Leo T. Crowley, APC-1, within one year from the date 10:42 a. m.] Alien Property Custodian. hereof, or within such further time as may be allowed by the Alien Property [F. R. Doc. 43-1382; Filed, January 27, 1943; Custodian. [Vesting Order 743] 10:42 a. m.] The terms “national” and “designated E state of J oseph G rit enemy country” as used herein shall have the meanings prescribed in section In re: Estate of Joseph Gru, deceased— [Vesting Order 744] 10 of said Executive Order. File No. D-57-53; E. T. sec. 1330. Dated: January 23, 1943. Under the authority of the Trading Estate T herese M. G rutter with the Enemy Act as amended, Execu In re: Estate of Therese M. Grutter,. [seal] Leo T. Crowley, tive Order 9095 as amended, and pursu sometimes known as Therese Mayer Alien Property Custodian. ant to law, the Alien Property Custodian Grutter, deceased—File D-28-1850; E. T. [F. R. Doc. 43-1383; Filed, January 27, 1943; after investigation. sec. 1457. 10:42 a. m.] 1246 FEDERAL REGISTER, Thursday, January 28, 1943

[Vesting Order 745] [Vesting Order 746] APC-1, within one year from the date E state of Carl H antzsch T rust U nder W ill of J ohn H app hereof, or within such further time as may be allowed by the Alien Property In re: Estate of Carl Hantzsch, also In re: Trust under will of John Happ, Custodian. known as Charles Wolf, deceased—Pile deceased—Pile P-28-12101; E. T. sec. The terms “national” and “designated D-28-1974; E. T. sec. 1942. 1290. enemy country” as used herein shall have Under the authority of the Trading Under the authority o#$the Trading the meanings prescribed in section 10 of with the Enemy Act as amended, Exec with the Enemy Act as amended, Execu said Executive Order. utive Order 9095 as amended, and pur tive Order 9095 as amended, and pur Dated: January'23,1943. suant to law, the Alien Property Custo suant to law, the Alien Property Cus dian after investigation, [seal] Leo T. Crowley, todian after investigation, Alien Property Custodian. Finding that— Finding that— (1) The property and interests hereinafter (1) The property and interests hereinafter [F. R. Doc. 43-1385; Filed, January 27, 1943; described are property which is in the proc described are property which is in the proc 10:43 a. m.] ess of administration by Eugene M. Thoré, ess of administration by Safe Deposit and Executor, 51 Louisiana Avenue, N. W., Wash Trust' Company of Baltimore, Maryland, ington, D. C., acting under the judicial super Trustee, acting under the judicial super vision of District Court of the United States vision of Circuit Court #2 of Baltimore City, [Vesting Order 747] for the District of Columbia; Baltimore, Maryland; and (2) Such property and Interests are pay (2) Such property and interests are pay E state of J. H. P. I oannu able or deliverable to, or claimed by, a na able or deliverable to, or claimed by, na In re: Estate of J. H. P. Ioannu, de-, tional of a designated enemy country, Ger tionals of a designated enemy country, Ger many, namely, Marie Ashenbach, whose last many, namely, ceased—Pile D-30-71; E. T. sec. 1311. known address is Germany; and Last known Under the authority of the Trading • Determining that— Nationals: _ address with the Enemy Act, as amended, and (3) If such national is a person not within Friederich Hermann Happ____ Germany. Executive Order 9095, as amended, and a designated enemy country, the national M artha Amalie Zoll______Germany. pursuant to law, the Alien Property Cus interest of the United States requires that Karl Happ______Germany. todian after investigation, such person be treated as a national of a Maria Happ Pfann______Germany. designated enemy country, Germany; and Hermann Happ__ :______Germany. Finding that— Having made aU determinations and taken Maria Happ Schmitt..______Germany. (1) The property and Interests herein all action, sifter appropriate consultation and Hildegarde Happ Schmitt..____Germany. after described are property which is in the certification required by said Executive Order Dorothea Happ Wenzl.______Germany. process of administration by The Pennsyl John Happ______Germany. vania Company for Insurance on Lives and or Act or otherwise, and deeming it necessary Granting Annuities as Executor acting under in the national interest, And determining that— the judicial supervision of the Orphans’ Now, therefore, the Alien Property (3) If such nationals are persons not Court of Philadelphia Cjpunty, Philadelphia, Custodian hereby vests the following within a designated enemy country, the na Pennsylvania; tional interest of the United States requires (2) Nlcos H. Papa Ioannu, whose last property and interests: that such persons be treated as nationals of known address is Athens, Greece, is a person All right, title, interest, and claim of any a designated enemy country, Germany; and controlled by or acting for or on behalf of kind or character whatsoever of Marie a designated enemy country, Germany, and Ashenbach in and to the estate of Carl Having made all determinations and taken therefore is a national of a designated enemy Hantzsch, also known as Charles Wolf, de aU action, after appropriate consultation and country, Germany; ceased, certification, required by said Executive Or (3) Such property and interests are paya der or Act or otherwise, and deeming it neces ble to or claimed by a national of a desig to be held, used, administered, liquidated, sary in the national interest, nated enemy country, Germany, sold or otherwise dealt with in the inter Now, therefore, the Alien Property And determining that— est of and for the benefit of the United Custodian hereby vests the following (4) If such national is a person not within States. property and interests: a designated enemy country, the national Such property and interests and any interest of the United States requires that or all of the proceeds thereof shall be All right, title, interest, and claim of any such person be treated as a national of a held in a special account pending fur kind or character whatsoever of Friederich designated enemy, country, Germany; and Hermann Happ, Martha Amalie Zoll, Karl Having made all determinations and taken ther determination of the Alien Property Happ, Maria Happ Pfann, Hermann Happ, Custodian. This shall not be deemed to all action, after appropriate consultation and Maria Happ Schmitt, Hildegarde Happ certification, required by said Executive Or limit the powers of the Alien Property Schmitt, Dorothea Happ Wenzl, John Happ der or Act or otherwise, and deeming it nec Custodian to return such property and and each of them in and to the Trust Estate essary in the national interest, interests or the proceeds thereof, or to created under the Last WiU and Testament indicate that compensation will not be of John Happ, deceased, Now, therefore, the Alien Property paid in lieu thereof, if and when it should to be held, used, administered, liqui Custodian hereby vests the following be determined that such return should dated, sold or otherwise dealt with in property and interests: be made or such compensation should be the interest of and for the benefit of the All right, title, interest, and claim of any paid. United States. kind or character whatsoever of Nicos H. Any person, except a national of a des Such property and interests and any or Papa Ioannu in and to the estate of J. H. P. ignated enemy country, asserting any a]l of the proceeds thereof shall be held Ioannu, deceased, claim arising as a result of this order in a special account pending further de to be held, used, administered, liqui may file with the Alien Property Custo termination of the Alien Property Cus dated, sold or otherwise dealt with in the dian a notice of his claim, together with todian. This shall not be deemed to limit interest of and for the benefit of the a request for a hearing thereon, on Form the powers of the Alien Property Custo United States. APC-1, within one year from the date dian to return such property and inter Such property and interests and any hereof, or' within such further time as ests or the proceeds thereof, and to indi or all of the proceeds thereof shall be may be allowed by the Alien Property cate that compensation will not be paid held in a special account pending fur Custodian. in lieu thereof, if and when it should be ther determination of the Alien Property The terms “national’' and “designated determined that such return should be Custodian. This shall hot be deemed to enemy country” as used herein shall made or such compensation should be limit the powers of the Alien Property have the meanings prescribed in section paid. Custodian to return such property and 10 of said Executive Order. Any person, except a national of a des interests or the proceeds thereof, or to Dated: January 23,1943. ignated enemy country, asserting any indicate that compensation will not be [seal] Leo T . Crowley, claim arising as a result of this order may paid in lieu thereof, if and when it should Alien Property Custodian. file with the Alien Property Custodian a be determined that such return should [F. R. Doc. 43-1384; Filed, January 27, 1943; notice of his claim, together with a re be made or such compensation should be 10:43 a. m.] quest for a hearing thereon, on Form paid. FEDERAL REGISTER, Thursday, January 28, 1943 1247

Any person, except a national of a Any person, except a national of a be made or such compensation should be designated enemy country, asserting any designated enemy country, asserting any paid. claim arising as a result of this order claim arising as a result of this order may Any person, except a national of a may file with tiie Alien Property Custo file with the Alien Property Custodian a designated enemy country, asserting any dian a notice of his claim, together with notice of his claim, together with a re claim arising as a result of this order a request for a tearing thereon, on Form quest for a hearing thereon, on Form may file with the Alien Property Custo APC-1, within one year from the date APC-1, within one year from the date dian a notice'of his claim, together with hereof, or within such further time as hereof, or within such further time as a request for a hearing thereon, on Form may be allowed by the Alien Property may be allowed by the Alien Property APC-1, within one year from the date Custodian. Custodian. hereof, or within such further time as The terms “national” and “designated The terms “national” and “designated may be allowed by the Alien Property enemy country” as used herein shall have enemy country” as used herein shall Custodian. the meanings prescribed in section 10 of have the meanings prescribed in section The terms “national” and “designated said Executive Order. 10 of said Executive Order. enemy country” as used herein shall Dated: January 23, 1943. Dated: January 23, 1943. have the meanings prescribed in section [seal] Leo T. Crowley, . [seal] Leo T. Crowley, 10 of said Executive Order. Alien Property Custodian. Alien Property Custodian. Dated: January 23, 1943. [P. R. Doc. 43-1386; Plied, January 27, 1943; [P. R. Doc. 43-1887; Filed, January 27, 1943; [seal] Leo T. Crowley, 10:43 a. m.] 10:43 a. m.] Alien Property Custodian. [P. R. Doc. 43-1388; Piled, January 27, 1943; 10:43 a. m.] [Vesting Order 749] [Vesting Order 748] E state of Charles W . K riebel Estate of Oswald K ane In re: Estate of Charles W. Kriebel, [Vesting Order 750] deceased—File F-28-11734; E. T. sec. In re: Estate of Oswald Kane (also E state of F riedrich K ruse known as Oswald Kannengiesser) de 1284. ceased—File D-28-1862, E. T. sec. 1686. Under the authority of the Trading In re: Estate of Friedrich Kruse, de Under the authority of the Trading with the Enemy Act as amended, Execu ceased—File No. D-28-1818; E.T. sec. with the Enemy Act as amended, Execu tive Order 9095 as amended, and pur 1331. tive Order 9095 as amended, and pursu suant to law, the Alien Property Custo Under the authority of the Trading ant to law, the Alien Property Custodian dian after investigation, with the Enemy Act as amended, Execu after investigation, Finding that— tive Order 9095 as amended, and pursu Finding that— (1) The property arid interests hereinafter ant to law, the Alien Property Custodian (1) The property and interest hereinafter described are property which is in the process after investigation, described are property which is in the process of administration by the Liberty Title and Finding that— Trust Company, Trustee, acting under the of administration by the Treasurer of the (1) The property and interests hereinafter City of New York as depositary acting under judicial supervision of the Orphans’ Court described are property which is in the process the judicial supervision of the Surrogate’s of the State of Pennsylvania, in and for the County of Philadelphia; of administration by the Treasurer of the Court, Queens County, New York; City of New York as depositary acting under (2) Such property and interest are payable (2) Such property and interests are pay able or deliverable to, or claimed by, a na the judicial supervision of the Surrogate’s or deliverable to, or claimed by, a national of Court of the State of New York, in and for a designated enemy country, Germany, tional of a designated enemy country, Ger Bronx County; namely Joseph Kannengiesser, whose last many, namely, Last known (2) Such property and interests are pay known address is Germany; able or deliverable to, or claimed by, a na And determining that— National : address Mathilda Klimpel______Germany tional, of a designated enemy country, Ger (3) If such national is a person not within many, namely, Frederick Kruse whose last a designated enemy country, the national And determining that— known address is Germany; interest of the United States requires that (3) If such national is a person not within And determining that— such person be treated as a national of a a designated enemy country, the national in (3) If such national is a person not with designated enemy country, Germany; and terest of the United States requires that such in a designated enemy country, the national Having made all determinations and taken all person be treated as a national of a designated Interest of the United States requires that action, after appropriate consultation and enemy country, Germany; and such person be treated as a national of a certification, required by said Executive Order Having made all determinations and taken all designated enemy country, Germany; and or Act or otherwise, and deeming it neces action, after appropriate consultation and sary in the national interest, Having made all determinations and taken certification, required by said Executive Order all action, after appropriate consultation and Now, therefore, the Alien Property or Act or otherwise, and deeming it neces certification, required by said Executive Or Custodian hereby vests the following sary in the national interest, der or Act or otherwise, and deeming it neces property and interest: Now, therefore, the Alien Property sary in the national interest, All right, title, interest, and claim of any Custodian hereby vests the following Now, therefore, the Alien Property Cus kind or character whatsoever of Joseph Kan property and interests: todian hereby vests the following prop nengiesser in and to the Estate of Oswald All right, title, interest, and claim of any erty and interests: Kane (also known as Oswald Kannengiesser), deceased, kind or character whatsoever of Mathilda All right, title, interest, and claim of any Klimpel in and to the Trust Fund created kind or character whatsoever of Frederick to be held, used, administered, liquidated, under the Will of Charles W. Kriebel, de Kruse in and to the Estate of Friedrich Kruse, sold or otherwise dealt with in the in ceased, deceased, terest of and for the benefit of the United . to be held, used, administered, liquidated, to be held, used, administered, liquidated, States. sold or otherwise dealt with in the inter sold or otherwise dealt with in the inter Such property and interest and any est of and for the benefit of the United est of and for the benefit of the Ignited or all of the proceeds thereof shall be States. States. held in a special account pending fur Such property and interests and any Such property and interests and any ther determination of the Alien Property or all of the proceeds thereof shall be or all of the proceeds thereof shall be Custodian. This shall not be deemed to •held in a special account pending fur held in a special account pending fur limit the powers of the Alien Property ther determination of the Alien Prop ther determination of the Alien Property Custodian to return such property and erty Custodian. This shall not be deemed Custodian. This shall not be deemed to interest or the proceeds thereof, or to to limit the powers of the Alien Property limit the powers of the Alien Property indicate that compensation will not be Custodian to return such property and Custodian to return such property and paid in lieu thereof, if and when it should interests or the proceeds thereof, or to interests or the proceeds thereof, or to be determined that such return should indicate that compensation will not be indicate that compensation will not be be made or such compensation should paid in lieu thereof, if and when it should paid in lieu thereof, if and when it should be paid. be determined that such return should be determined that such return should 1248 FEDERAL REGISTER, Thursday, January 28, 1943 be made or such compensation should be to the real property situated In the State Bank of Denver as Executor acting under the paid. of Washington, and described as follows: judicial supervision of the County Court of Any person, except a national of a des An undivided y2 interest in Lot 11, Block the City and County of Denver, Colorado; 28, Nagle’s Second Addition to Seattle, King (2) Such property and interests are payable ignated enemy country, asserting any County, Washington. Together with all im or deliverable to, or claimed by a national of claim arising as a result of this order provements and appurtenances thereunto be a designated enemy country, Germany, may file with the Alien Property Custo longing, namely, dian a notice of his claim, together with All that portion of Lot 5 in Section 8 in Last known a request for a hearing thereon, on Township 24 N. Range 5 E. W. M. particularly National: address Form APC-1, within one year from the described as follows, to-wit; beginning at the Bertha Meier Melbach- Geiselgasteig, near date hereof, or within such further time NE corner of Lot 5 and running thence W. Muenchen, Park- as may be allowed by the Alien Property 10 rods; thence S. to the meander line of plate, Bavaria, Custodian. Lake Washington; thence easterly along said Germany. meander line to the East boundary of said And determining that— The terms “national” and “designated Lot 5; thence North to the place of begin enemy country” as used herein shall have (3) If such national is a person not within ning, together with all shorelands of the a designated enemy country, the national in the meanings prescribed in section 10 of 2nd class situate in front of or adjacent terest of the United States requires that such said Executive Order. thereto—also described as Tax Lot 12, E. person be treated as a national of a desig Dated: January 23,1943. 165' of Government Lot 5 and shorelands ad nated enemy country, Germany; and jacent, less county road. Together with all [seal] Leo T. Crowley, improvements and appurtenances thereunto Having made all determinations and taken Alien Property Custodian. belonging, all action, after appropriate consultation and {F. R. Doc. 43-1389; Filed, January 27, 1943; Lot 8 Block 6 Judkins’ Addition to the City certification, required by said Executive Order 10:44 a. m.] of Seattle, King County, State of Washing or Act or otherwise, and deeming it necessary ton, less railway-right-of-way 1320-22 8th in the national interest, Avenue, South. Together with all improve ments and appurtenances thereunto belong Now, therefore, the Alien Property ■Custodian hereby vests the following [Vesting Order 751] ing, Block 217, Seattle Tide Lands. Together property and interests: Estate of B ernard C. M anke with all improvements and appurtenances All right, title, interest, and claim of any thereunto belonging, kind or character whatsoever of Bertha Meier In re: Estate of Bernard C. Manke, Melbach in and to the Estate of Joseph Meier, deceased—File D-28-1535; E. T. sec. 282. to be held, used, administered, liquidated, deceased, Under the authority of the Trading sold or otherwise dealt with in the inter with the Enemy Act as amended, Execu est of and for the benefit of the United to be held, used, administered, liquidated, tive Order 9095 as amended, and pur States. sold or otherwise dealt with in the in suant to law, the Alien Property Custo Such property and interests and any terest of and for the benefit of the United dian after investigation, or all of the proceeds thereof shall be States. held in a special account pending further Such property and interests and any Finding that— (1) The property and interests described determination of the Alien Property or all of- the proceeds thereof shall be below in subparagraphs (a) and (b) are Custodian. This shall not be deemed to held in a special account pending further property which is in the process of admin limit the powers of the Alien Property determination of the Alien Property Cus istration by Seattle-First National Bank, Custodian to return such property and todian. This shall not be deemed to Second Avenue and Cherry Street, Seattle, interests or the proceeds thereof, or to limit the powers of the Alien Property Washington, Executor, acting under the ju indicate that compensation will not be Custodian to return such property and dicial supervision of the Superior Court of paid in lieu thereof, if and when it should interests or the proceeds thereof, or to the State of Washington, in and for the be determined that such return should County of King; indicate that compensation will not be (2) Such property and interests are pay be made or such compensation should paid in lieu thereof, if and when it should able or deliverable to, or claimed by, na be paid. * be determined that such return should tionals of a designated enemy country, Ger- Any person, except a national of a be made or such compensation should many, namely, . Last knOWn designated enemy country, asserting any be paid. Nationals: address claim arising as a result of this order Any person, except a national of a des Otto Manke___ :— ...... Germany. may file with the Alien Property Cus ignated enemy country, asserting any Else Collate Straub.,------— — Germany, todian a notice of his claim, together claim arising as a result of this order may Martha Collatz Fraedrich------: Germany. with a request for a hearing thereon, on file with the Alien Property Custodian a Walter Collate—______—'------Germany. Form AFC-1, within one year from the notice of his claim, together with a re (3) The property and'interests described date hereof, or within such further time quest for a hearing thereon, on Form in subparagraph (b) are property within the as may be allowed by the Alien Prop APC-1, within one year from the date United States owned or controlled by the erty Custodian. hereof, or within such further time as Aforesaid nationals of a designated enemy The terms '‘national” and “designated country, Germany; and enemy country” as used herein shall may be allowed by 'the Alien Property Determining that— have the meanings prescribed in section Custodian. (4) If such nationals are persons not 10 of said Executive Order. The terms “national” ancl “designated within any designated enemy country, the enemy country” as used herein shall national interest of the United States re Dated: January 23, 1943. quires that such persons be treated as na [seal] Leo T. Crowley, have the meanings prescribed in section tionals of a designated enemy country, Ger Alien Property Custodian. 10 of said Executive Order. many; and [F. R. Doc. 43-1390; Filed, January 27, 1943; Dated: January 23, 1943. Having made all determinations and taken 10:44 a. m.] [seal] Leo T. Crowley, all action, after appropriate consultation and Alien Property Custodian. certification, required by said Executive Order or Act or otherwise, and deeming it [F. R. Doc; 43-1391; Filed, January 27, 1943; necessary in the national interest, [Vesting Order 752] 10:44 a. m.] Now, therefore, the Alien Property E state of J oseph M eier Custodian hereby vests the following In re: Estate of Joseph Meier, de property and interests: ceased—File D-28-1579; E. T. sec. 328. [Vesting Order 753] (a) All right, title, interest, and claim of . Under the authority of the Trading Estate of G eorge Merck any kind or character whatsoever of Otto with the Enemy Act as amended, Execu Manke, Else Collate Straub, Martha Collate tive Order 9095 as amended, and pur In re: Estate of George Merck, de Fraedrich, and Walter Collate, and each of suant to law, the Alien Property Custo ceased—File D-28-1968; E. T. sec. 1919. them, in and to the estate of Bernard C. dian after investigation, Manke, deceased; and Under the authority of the Trading (b) All right, title, interest, and estate, Finding that— with the Enemy Act as amended, Execu both legal and equitable, of Otto Manke, Else (1) The property and interests hereinafter tive Order 9095 as amended, and pur Collate Straub, Martha Collate Fraedrich, and described are property which is in the prodess suant to law, the Alien Property Cus Walter Collate, and each of them, in and of administration by The American National todian after investigation, FEDERAL REGISTER, Thursday, January 28, 1943 1249 Finding that— Finding that— Under the authority of the Trading (1) The property and interests hereinafter (1) The property and interests hereinafter described are property which is in, the process described are property which is in the process with the Enemy Act as amended, and Ex of administration by Edward H. Green, of administration by Gardner O. Hart, Ad ecutive Order 9095 as amended, and pur George W. Merck and Friedrike Merck, Trus ministrator, acting under the judicial super suant to law, the Alien Property Custo tees, acting under the Judicial supervision vision of the Surrogate’s Court of the State dian after investigation, of the Prerogative Court of New Jersey; of New York, in and for Oneida County; (2) Such property' and interests are pay (2) Such property and interests are pay Finding that— able or deliverable to, or claimed by, a na able or deliverable to, or claimed by, na (1) The property and interests hereinafter tional of a designated enemy country, Ger tionals of a designated enemy country, Italy, described are property which is in the process many, namely, Last known namely, of administration by Herman E. Schnaebele, Last known Executor of the estate of Rose Muhleisen, National: address deceased, acting under the judicial supervi Rosalie Eigenbrodt______Germany. Nationals: address Rosa Migliorelli______Italy. sion of the Register of Wills, Philadelphia And determining that— Lucrezia Migliorelli______Italy. County, Pennsylvania (3) If such national is a person not within Maria Migliorelli______Italy. (2) Such property and interests are pay a designated enemy country, the national Sebastiano Migliorelli______Italy. able or deliverable to, or claimed by, nation interest of the United States requires that als of a designated enemy country, Germany, such person be treated as a national of a And determining that— namely, designated enemy country, Germany; and (3) If such nationals are persons not within Last known a designated enemy country, the national Nationals: addfess Having made all determinations and taken' interest of the United States requires that Rose Waenninger______Germany. all action, after appropriate consultation such persons be treated as nationals of a Karl Dtrschel______Germany. and certification, required by said Executive designated enemy country, Italy; and Order or Act or otherwise, and deeming it And determining that— necessary in the national interest, Having made all determinations and taken (3) If such nationals are persons not with all action, after appropriate consultation and in a designated enemy country, the national Now, therefore, the Alien Property certification, required by said Executive Or interest of the United States requires that Custodian hereby vests the following der or Act or otherwise, and deeming it nec such persons be treated as nationals of a property and interests: essary in the national interest, designated enemy country, Germany, and All right, title, Interest, and claim of any Now, therefore, the Alien Property Cus Having made all determinations and taken kind or character whatsoever of Rosalie todian hereby vests the following prop all action, after appropriate consultation and Eigenbrodt in and to the Trust Fund created erty and interests: certification, required, by said Executive Or under the Will of George Merck, deceased, All right, title, interest, and claim of any der or Act or otherwise, and deeming it nec to be held, used, administered, liqui kind or character whatsoever of Rosa Miglio essary in the national interest, dated, sold or otherwise dealt with in relli, Lucrezia Migliorelli, Maria Migliorelli Now, therefore, the Alien Property the interest of and for the benefit of and Sebastiano Migliorelli and each of them Custodian hereby vests the following the United States. in and to the Estate of John Migliorelli, de property and interests: Such property and interests and any ceased, or all of the proceeds thereof shall be to be held, used, administered, liquidated, AH right, title, interest and claim of any held in a special account pending further sold or otherwise dealt with in the in kind or character whatsoever of Rose Waen determination of the Alien Property Cus ninger and Karl Dirschel, and each of them, terest of and for the benefit of the United in and to the estate of Rose Muhleisen, de todian. This shall not be deemed to limit States. ceased, the powers of the Alien Property Custo Such property and interests and any or dian to return such property and inter all of the proceeds thereof shall be held to be held, used administered, liquidated, ests or the proceeds thereof, or to indi in a special account pending further de sold or otherwise dealt with in the in cate that compensation will not be paid termination of the Alien Property Cus terest of and for the benefit of the United in lieu thereof, if and when it should be todian. This shall not be deemed to limit States. determined that such return should be the powers of the Alien Property Custo made or such compensation should be Such property and interests and any dian to return such property and inter or all of the proceeds thereof shall be paid. ests or the proceeds thereof, or to indi Any person, except a national of a des cate that compensation will not be paid held in a special account pending fur ignated enemy country, asserting any in lieu thereof, if and when it should be ther determination of the Alien Prop claim arising as a result of this order determined that such return should be erty Custodian. This shall not be deemed may file with the Alien Property Custo made or such compensation should be to limit the powers of the Alien Property dian a notice of his claim, together with paid. Custodian to return such property and a request for a hearing thereon, on Form Any person, except a national of a des interests or the proceeds thereof, or to in APC-1, within one year from the date ignated enemy country, asserting any dicate that compensation will not be paid hereof, or within such further time as claim arising as a result of this order may in lieu thereof, if and when it should be may be allowed by the Alien Property file with the Alien Property Custodian a Custodian. determined that such return should be notice of his claim, together with a re made or such compensation should be The terms “national” and “designated quest for a hearing thereon, on Form enemy country” as used herein shall paid. APC-1, within one year from the date Any person, except a national of a have the meanings prescribed in section hereof, or within such further time as 10 of said Executive Order. may be allowed by the Alien Property designated enemy country, asserting any Dated: January 23,1943. Custodian. claim arising as a result of this order may file with the Alien Property Cus [seal] Leo T. Crowley, The terms “national” and “designated Alien Property Custodian. enemy country” as used herein shall have todian a notice of his claim, together with a request for a hearing thereon, on [F. R. Doc. 43-1392; Filed, January 27, 1943; the meanings prescribed in section 10 of 10:44 a. m.] said Executive Order. Form APC-1, within one year from the Dated: January 23,1943. date hereof, or within such further time [seal] Leo T. Crowley, as may be allowed by the Alien Property Alien Property Custodian. Custodian. [Vesting Order 754] The terms “national” and “designated [F. R. Doc. 43-1393; Filed, January 27, 1943; enemy country” as used herein shall have Estate of J ohn Migliorelli 10:44 a.m.] the meanings prescribed in section 10 In re: Estate of John Migliorelli, de of said Executive order. ceased—File D-38-287; E. T. sec. 98. Dated: January 23, 1943. Under the authority of the Trading [Vesting Order 755] [seal] Leo T. Crowley, with the Enemy Act as amended, Execu E state of R ose Muhleisen tive Order 9095 as amended, and pur Alien Property Custodian. suant to law, the Alien Property Cus In re: Estate of Rose Muhleisen, de [F. B. Doc. 43-1394; Filed January 27, 1943; todian after investigation, ceased—File D-28-1960 E. T. sec. 2006. 10:44 a. m.] 1250 FEDERAL REGISTER, Thursday, January 28, 1943 [Vesting Order 756] [Vesting Order 757] have the meanings prescribed in section E state qf P eter O fft E state of Alexander G. R ovaldy 10 of said Executive Order. Dated: January 23, 1943. In re: Estate of Peter Offt, deceased— In re: Estate of Alexander G. Rovaldy, [ seal] Leo T. Crowley, Pile P-28-11881; E. T. sec. 2026. deceased—File D-38-364; E. T. sec. 839. Alien Property Custodian. Under the authority of the Trading Under the authority of the Trading with the Enemy Act, as amended, Exec [F. R- Doc. 43-1396; Filed, January 27, 1943; with the Enemy Act as amended, Execu 10:45 a. m.] utive Order 9095, as amended, and pur tive Order 9095 as amended, and pur suant to law, the Alien Property Cus todian after investigation suant to law, the Alien Property Cus todian after investigation, Finding that— [Vesting Order 758] Finding that— (1) The property and interests hereinafter E state of G eorge Albert Schreiner described are property which is in the proc (1) The property and interests hereinafter ess of administration by Ben H. Brown, Pub described are property which is in the proc In re: Estate of George Albert Schrei lic Administrator of Los Angeles County, ess of administration by Security Trust Com ner, deceased—File D-28-1923; E. T. sec. Administrator, acting under the Judicial su pany of Pottstown, Pennsylvania, as executor 1788. pervision of the Superior Court of the State under the Will of Alexander G. Rovaldy, de Under the authority of the Trading of California, in and for the County of Los ceased, High ahd Hanover Streets, Pottstown, with the Enemy Act, as amended, Execu Angeles; Pennsylvania, acting under the judicial (2) Such property and interests are paya tive Order 9095, as amended, and pur ble or deliverable to, or claimed by, na supervision of Orphans’ Court of the State suant to Law, the Alien Property Cus tionals of a designated enemy country, Ger of Pennsylvania, in and for the County of todian after investigation, many, namely, Montgomery; (2) Such property and interests are pay Finding that— Last known (1) The property and interests hereinafter Nationals : address able or deliverable to, or claimed by, na described are property which is in the process B. Werner Offt------Germany. tionals of a designated enemy country, Italy, of administration by First Atlantic National Martha Gebhardt______„-Germany. namely, Bank, Executor, acting under the judicial And determining that— Last known supervision of the County Judge’s Court of (3) If such nationals are persons not Nationals: address the State of Florida, in and for the County within a designated enemy country, the na Antonio Rovaldy______!______Italy. of Volusia; tional interest of the United States requires Charlotte Rovaldy______Italy. (2) Such-property and interests aie pay that such persons be treated as nationals able or deliverable to, or claimed by, nationals of a designated enemy country, Germany; And determining that— of a designated enemy country, Germany, and (3) If such nationals are persons not with namely, in a designated enemy country, the national Last known Having made all determinations and taken Nationals: address all action, after appropriate consultation and interest of the United States requires that such persons be treated as nationals of a Elise Ecke______Germany. certification, required by said Executive Or Heinrich Schreiner______Germany. der or Act or otherwise, and deeming it nec designated enemy country, Italy; and Paul Schreiner______Germany. essary in the national interest, Having made all determinations and taken Martin Schreiner______Germany. Now, therefore, the Alien Property all action, after appropriate consultation Wilhelm Schreiner______Germany. Custo.dian hereby vests the following and certification required by said Executive Adam Apel______Germany. property and interests: Order or Act or otherwise, and deeming it Amelia Paul nee Holzhauer____ Germany. necessary in the national interest, Daniel Brandau____ ,______l Germany. All right, title, interest, and claim of any And determining that— kind or'character whatsoever of B. Werner •Now, therefore, the Alien Property (3) If such nationals are persons not Offt and Martha Gebhardt, and each of within a designated enemy country, the them, in and to the Estate of Peter Offt, Custodian hereby vests the following property and interests: national interest of the United States requires deceased, that such persons be treated as nationals of to be-held, used, administered, liqui All right, title, interest, and claim of any a designated enemy country, Germany; and dated, sold or otherwise dealt with in kind or character whatsoever of Antonio Having made all determinations and taken the interest of and for the benefit of the Rovaldy and Charlotte Rovaldy, and each of all action, after appropriate consultation and United States. them, in and to the estate of Alexander G. certification, required by said Executive Or Such property and interests and any Rovaldy, deceased, der or Act or otherwise, and deeming it neces or all of the proceeds thereof shall be to be held, used, administered, liquidated, sary in the national interest, held in a special account pending further sold or otherwise dealt with in the inter Now, therefore, the Alien Property determination of the Alien Property Cus est of and for the benefit of the United Custodian hereby vests the following todian. This shall not be deemed to States. property and interests: limit the powers of the Alien Property Such property and interests and any All right, title, interest, and claim of any Custodian to return such property and or all of the proceeds thereof shall be kind or character whatsoever of Elise Ecke, interests or the proceeds thereof, or to Heinrich Schreiner, Paul Schreiner, Martin indicate that compensation will not be held in a special account pending further Schreiner, Wilhelm Schreiner, Adam Apel, paid in lieu thereof, if and when it should determination of the Alien Property Cus Amelia Paul nee Holzhauer and Daniel Bran- be determined that such return should todian. This shall not be deemed to dau, and each of them, in and to the Estate be made or such compensation should be limit the powers of the Alien Property of George Albert Schreiner, deceased. paid. Custodian to return such property and to be held, used, administered, liqui Any person, except a national of a interests or the proceeds thereof, or to dated, sold or otherwise dealt with in designated enemy country, asserting any indicate that compensation will not be the interest of and for the benefit of claim arising as a result of this order paid in lieu thereof, if and when it should the United States. may file with the Alien Property Cus be determined that such return should Such property and interests and any todian a notice of his claim,'together with be made or such compensation should or all of the proceeds thereof shall be a request for a hearing thereof, on be paid. held in a special account pending fur Form APC-1, within one year from the Any person, except a national of a ther determination of the Alien Property date hereof, or within such further time designated enemy country, asserting any Custodian. This shall not be deemed as may be allowed by the Alien Property to limit the powers of the Alien Property Custodian. claim arising as a result of this order Custodian to return such property and The terms “national’' and “designated may file with the Alien Property Custo interests or the proceeds thereof, or to enemy country” as used herein shall have dian a notice of his claim, together with indicate that compensation will not be the meanings prescribed in section 10 of a request for a hearing thereon, on Form paid in lieu thereof, if and when it should said Executive Order. APC-1, within one year from the date be determined that such return should Dated: January 23, 1943. hereof, or within such further time as be made or such compensation should [seal] Leo T. Crowley, may be allowed by the Alien Property be paid. Alien Property Custodian. Custodian. Any person, except a national of a [F. R. Doc. 43-1395; Filed, January 27, 1943; The terms “national” and “designated designated enemy country, asserting any 10:45 a. m.] enemy country” as used herein shall claim arising as a result of this order FEDERAL REGISTER, Thursday, January 28, 1943 1251 may file with the Alien Property Custo Such property and interests and any terest of and for the benefit of the United dian a notice of his claim, together with or all of the proceeds thereof shall be States. a request for a hearing thereon, on Form held in a special account pending further Such property and interests and any or APC-1, within one year from the date determination of the Alien Property Cus all of the proceeds thereof shall be held hereof, or within such further time as todian. This shall not be deemed to in a special account pending further de may be allowed by the Alien Property limit the powers of the Alien Property termination of the* Alien Property Cus Custodian. Custodian to return such property and todian. This shall not be deemed to limit The terms “national” and “designated interests or the proceeds thereof, or to the powers of the Alien Property Custo enemy country” as used herein shall have indicate that compensation will not be dian to return such property and inter the meanings prescribed in section 10 paid in lieu thereof, if and when it should ests or the proceeds thereof, or to indi of said Executive Order. be determined that such return should cate that compensation will not be paid Dated: January 23,1943. be made or such compensation should be in lieu thereof, if and when it should be [seal] Leo T. Crowley, paid. determined that such return should be Alien Property Custodian. Any person, except a national of a des made or such compensation should be ignated enemy country, asserting any paid. [P. R. Doc. 43-1397; Piled, January 27, 1943; claim arising as a result of this order 10:45 a. m.] Any person, except a national of a des may file with the Alien Property Custo ignated enemy country, asserting any dian a notice of his claim, together with claim arising as a result of this order may a request for a hearing thereon, on Form file with the Alien Property Custodian a [Vesting Order 759] APC-1, within one year from the date notice of his claim, together with a re Estate of Adolf Louis T heek hereof, or within such further time as quest for a hearing thereon, on Form may be allowed by the Alien Property APC-1, within one year from the date In re: Estate of Adolf Louis Theek, de Custodian. hereof, or within such further time as ceased—File D-28-3415; E. T. sec. 1091. The terms “national” and “designated may be allowed by the Alien Property Under the authority of the Trading enemy country” as used herein shall have Custodian. with the Enemy Act as amended, Execu the meanings prescribed in section 10 The terms “national” and “designated tive Order 9095 as amended, and pur of said Executive Order. enemy country” as used herein shall have suant to law, the Alien Property Dated: January 23, 1943. the meanings prescribed in section 10 of Custodian after investigation, [seal] Leo T. Crowley, , said Executive Order. Finding that— Alien Property Custodian. Dated: January 23, 1943. (1) The property and interests described [seal] • Leo T. Crowley, below in subparagraphs (a) and (b) are [P. R. Doc. 43-1398; Piled, January 27, 1943; property which is in the process of adminis 10:45 a. m.] Alien Property Custodian. tration by California Trust Company, Execu [P. R. Doc. 43-1399; Filed, January 27, 1943; tor, 629 South Spring Street, Los Angeles, 10:46 a. m.] California, acting .under the judicial super vision of Superior Court of the State of [Vesting Order 760] California, in and for the County of Los [Vesting Order 761] Angeles; ' Deposit for Curt Uberall E state of F rank Verderber (2) Such property and interests are pay In re: Deposit for Curt Uberall—File able or deliverable to, or claimed by, a national D-66-28; E. T. sec. 301. In re: Estate of Frank Verderber, de of a designated enemy country, Germany, ceased—File No. D-6-131; E. T. sec. 1217. namely, Marie Theek, whose last knowp. ad Under the authority of the Trading dress is Germany; and with the Enemy Act as amended, Execu Under the authority of the Trading (3) The property and interests described tive Order 9095 as amended, and pursu with the Enemy Act as amended, Execu in subparagraph (b) are property within the ant to law, the Alien Property Custodian tive Order 9095 as amended, and pur United States owned or controlled by the after investigation, suant to law, the Alien Property Cus aforesaid national of a designated enemy todian after investigation, country, Germany; and Finding that— (1) The property and interests hereinafter Finding that— Determining that— (1) The property and interests hereinafter (4) If such national is a person not within described are property which is in the process of administration by Walter E. Wallace, Clerk described are property which is in the process a designated enemy country, the national of administration by the Treasurer of the interest of the United States requires that of District Court, acting under the Judicial supervision of the District Court of Burnet City of New York as depositary acting under such person be treated as a national of a the judicial supervision of the Surrogate’s designated enemy country, Germany; and County, Texas; (2) Such property and interests are pay Court of the State of New York, in and for Having made all determinations and taken able or deliverable to, or claimed by, a na Queens County; all action, after appropriate consultation and tional of a designated enemy country, Ger (2) Such property and interests are pay certification, required by said Executive Order many, namely, able or deliverable to, or claimed by, a na or Act or otherwise, and deeming it neces tional, of a designated enemy country, Ger sary in the national interest, Last known many (Austria),, namely, John Verderver National : address whose last known address is Germany Now, therefore, the Alien Property Curt Uberall___:______Germany. (Austria); Custodian hereby vests the following And determining that— And determining that— property and interests: (3) If such national is a person, not within (3) If such national is a person not within a designated enemy country, the national (a) All right, title, interest, and claim of a designated enemy country, the national in any kind or character whatsoever of Marie terest of the United States requires that such interest of the United States requires that person be treated as a national of a desig such person be treated as a national of a Theek in and to the estate of Adolf Louis nated enemy country, Germany, and designated enemy country, Germany (Aus Theek, deceased; and tria); and (b) All right, title, interest, and estate, Having made all determinations and taken both legal and equitable, of Marie Theek in all action, after appropriate consultation and Having made all .determinations and taken and to the real property situated in Los certification, required by said Executive Or aU action, after appropriate .consultation and Angeles County, California, and described as der or Act or otherwise, and deeming it nec certification, required by said Executive Order follows! essary in the national interest, or Act or otherwise, and deeming it necessary Lot 3 of Tract No. 285, in the County of in the national interest, Los Angeles, State of California, as per map Now, therefore, the Alien Property recorded in Book 16, Page 77 of Maps, in the Custodian hereby vests the following Now, therefore, the Alien Property offlce-of the County Recorder of said County; property and interests; Custodian hereby vests the following EXCEPT the East 270 feet thereof. Together All right, title, interest, and claim of any property and interests: with all improvements and appurtenances kind or character whatsoever of Curt Uberall All right, title, interest, and claim of any thereunto belonging, in and to the proceeds from the sale of cer kind or character whatsoever of John Ver to be held, used, administered, liquidated, tain real estate sold under order of sale on derver in and to the Estate of Prank Verder sold or otherwise dealt with in the inter a tax judgment, ber, deceased, est of and for the benefit of the United to be held, used, administered, liquidated, to be held, used, administered, liquidated, States. sold or otherwise dealt with in the in sold br otherwise dealt with in the in- No. 19- -6 1252 FEDERAL REGISTER, Thursday, January 28, 1943 terest of and for the benefit of the United der or Act or otherwise, and deeming it be made or such compensation should States. necessary in the national interest, be paid. Such property and interests and any Now, therefore, the Alien Property Any person, except a national of a or all of tlje proceeds thereof shall be Custodian hereby vests the following designated enemy country, asserting any held in a special account pending further property and interests: claim arising as a result of this Order may determination of thfe Alien Property Cus file with the Alien Property Custodian (a) All right, title, interest, and claim of a notice of his claim, together with a todian: This shall not be deemed to any kind or character whatsoever of Fritz limit the powers of the Alien Property Wagner, Olga Kruager, Paula Knuppel, and request for a hearing thereon, on Form Custodian to return such property and Paul Wagner, and each of them, in and to APC-1, within one year from the date interests or the proceeds thereof, or to the estate of Alvina Wagner, deceased; and hereof, or within such further time as indicate that compensation will not be (b) All right, title, interest, and estate, may be allowed by the Alien Property paid in lieu thereof, if and when it should both legal and equitable, of Fritz Wagner, Custodian. be determined that such return should Olga Kruager, Paula Knuppel, and Paul The terms “national” and “designated Wagner, and each of them, in and to the enemy country” as used herein shall have be made or such compensation should be real property situated in the City and County paid. of San Francisco, State of California, and the meanings prescribed in section 10 of Any person, except a national of a des described as follows: said Executive Order. ignated enemy country, assertin any (1) Commencing at a point on the south Dated: January 23,1943. claim arising as a result of this order erly line of Geary Boulevard, distant thereon [seal] ' Leo T. Crowley, may file with the Alien Property Custo one hundred four feet Easterly from the Alien Property Custodian. dian a notice of his claim, together with Easterly line of Fortieth Avenue and running a request for a hearing thereon, on Form thence Easterly and along the said Southerly [F. R. Doc. 43-1401; Filed, January 27, 1943; line of Geary Boulevard twenty-five feet; 10:46 a. m.] APC-1, within one year from the date thence at a right angle Southerly one hun hereof, or within such further time as dred feet;. thence at a right angle Westerly may be allowed by the Alien Property twenty-five feet and thence at a right angle Custodian. Northerly one hundred feet to the Southerly SECURITiES AND EXCHANGE COM The terms “national” and “designated line of Geary Boulevard and the point of enemy country” as used herein shall have commencement. The same being a Portion of MISSION. the meanings prescribed in Section 10 of Outside Land Block No. 245. Together with [File No. 70-566] all improvements and appurtenances there said Executive Order. unto belonging, W est T exas Utilities Co. and T he Middle Dated: January 23, 1943. (2) Commencing at a point on the South W est Corpt [seal] Leo T. Crowley, erly line of Moraga Street, distant thereon Alien Property Custodian. fifty-seven feet six inches Easterly from the ORDER GRANTING APPLICATION, ETC. Easterly line of 23rd Avenue; running thence [F. R. Doc. 43-1400; Filed, January 27, 1943; Order granting application and per Easterly and along said line of Moraga Street mitting declaration to become effective 10:45 a. m.] twenty-five feet; thence at a right angle Southerly one hundred feet; thence at a as amended. right angle Westerly twenty-five feet; thence At a regular sessioff of the Securities at a right angle Northerly one hundred feet and Exchange Commission, held at its of [Vesting Order 762] to the point of commencement. Being a part fice in the City of Philadelphia, Pa., on of Outside Land Block No. 882. Together the 25th day of January A. D., 1943. E state op Alvina W agner with all improvements and appurtenances The Middle West Corporation, a reg thereunto belonging, istered holding company, and West Texas In re: Estate of Alvina Wagner, de (3) Beginning at a point on the Westerly Utilities Company, one of its subsidiaries, ceased—Pile D-28-4419; E. T. sec. 1209. line of 41st Avenue, distant thereon seventy- Under the authority of the Trading five feet Southerly from the Southerly line of having filed a joint application and with the Enemy Act as amended, Exec Anza Street; running thence Southerly along declaration and amendment thereto pur utive Order 9095 as amended, and pur said line of 41st Avenue twenty-five feet; suant to the Public Utility Holding Com- thence at a right angle Westerly eighty-one *pany Act of 1935, particularly section 10 suant to law, the Alien Property Cus feet six inches; thence at a right angle north thereof and Rules U-43 and U-62 of the todian after investigation, erly twenty-five feet; thence at a right angle General Rules and Regulations there Finding that— Easterly eighty-one feet six inches to the under, with respect to a proposed offer by 11) The property and interests described point of beginning. West Texas Utilities Company to pur below in subparagraphs (a) and (b) are Being a portion of Outside Land Block No. property which is in the process of admin 324. Together with all improvements and ap chase all outstanding securities of Pecos istration by The San Francisco Bank, Exec purtenances thereunto belonging, Valley Power & Light Company, as fol utor, 526 California Street, San Francisco, (4) Beginning at a point on the Westerly lows: California, acting under the judicial super line of Seventeenth Avenue distant thereon 1. First Mortgage Bonds held by the vision of the Superior Court of the State of three hundred and four feet Southerly from public in the principal amount of $963,000 California, in and for the City and County the Southerly line of Kirkham Street, form at 76% thereof. of San Francisco; erly “K” Street, and running thence South 2. Income Debentures held by the pub (2) Such property and interests are pay erly along said line of Seventeenth Avenue lic in the principal amount of $358,000 at able or deliverable to, or claimed by, na twenty-five feet; thence at right angles West tionals of a designated enemy country, Ger erly one hundred and twenty feet; thence at 15% thereof. many, namely, right angles Northerly twenty-five feet; thence 3. Common stock held by the public in at right’•angles easterly one hundred and the amount of 3,582.66 shares at $1 per * Last known twenty feet to the point of beginning. share. Nationals: address Being a portion of Outside Land Block No. 4. First Mortgage Bonds in the princi Fritz Wagner______Germany. 785. Together with all improvements and ap pal amount of $313,000, Income Deben Olga Kruager______Germany. purtenances thereunto belonging, Paula Knuppel______Germany. tures in the principal amount of $369,500 Paul Wagner______Germany. to be held, used, administered, liquidated, and common stock in the amount of (3) The property and interests described sold or otherwise dealt with in the in 3,892.34 shares, all held by The Middle In subparagraph (b) are property within the terest of and for the benefit of the United West Corporation for the sum of $238,- United States owned or controlled by the States. 349.11 (equal to 76% of the principal aforesaid nationals of a designated enemy Such property and interests and any amount of the bonds held plus $496.11 country, Germany; and or all of the proceeds thereof shall be transfer tax applicable to the debentures Determining that— held in a special account pending further and common stock being transferred); (4) If such nationals are persons not determination of the Alien Property Cus and within any designated enemy country, the Hearings having been held after ap national interest of the United States re todian. This shall not be deemed to quires that such persons be treated as na limit the powers of the Alien Property propriate notice, the Commission having tionals of a designated enemy country, Ger Custodian to return such property and considered the record and having made many; and interests or the proceeds thereof, or to and filed its findings and opinion herein; It is ordered, Pursuant to the appli Having made all determinations and taken indicate that compensation will not be all action, after appropriate consultation and paid in lieu thereof, if and when it should cable provisions of said Act that the certification, required by said Executive Or be determined that such return should aforesaid application and declaration, as FEDERAL REGISTER, Thursday, January 28, 1943 1253 amended, be forthwith granted and per for $400,000 cash and to cancel such said declaration withii* the period spec mitted to become effective, respectively, shares, reducing its capital stock by that ified in the said notice, or otherwise, and subject however to the terms and condi amount; and not having ordered a hearing thereon; tions prescribed in Rule U-24 of the gen International having further applied and eral rules and regulations promulgated under section 13 for exemption of its International Utilities Corporation under said Act and subject also to the proposed operations; and having requested that said declaration following conditions: A public hearing having been held become effective on or about January 1, The initial solicitation literature after due notice, and the Commission 23, 1943; and furnished each security holder shall be having considered the record of the pro The Commission deeming it appropri accompanied by a copy of our findings ceeding and having entered its findings ate in the public interest and in the in and opinion herein, and West Texas and opinion herein: terest of investors and consumers to per Utilities Company shall submit to the It is hereby ordered, That the said mit said declaration to become effective, Commission not less than three days joint application and declaration as and being satisfied that the effective date prior to the use thereof copies in final amended be and the same hereby is of such declaration should be advanced; form of all supplemental or follow-up granted and permitted to become effec It is hereby ordered, Pursuant to Rule solicitation literature. tive, subject, however, to the terms and U-23 and the applicable provisions of 2. Approval of the acquisition by West conditions prescribed in Rule U-24 of the said Act and subject to the terms and Texas Utilities Company of the Pecos General Rules and Regulations promul conditions prescribed in Rule U-24, that Valley Power & Light Company securities gated under said Act, and to the further the aforesaid declaration be, and the shall be without prejudice to the right term and condition that any pension same hereby is, permitted to become ef of the Commission in any appropriate plan proposed to be established by In fective forthwith. proceeding hereafter to inquire into and ternational be submitted to. this Com By the Commission. , issue any appropriate order under sec mission for approval. [seal] O rval L. D uBois, tion 11 of the Act. It is further ordered, That the applica Secretary. By the Commission. tion of International for exemption of [seal] Orval L. DtjBois, its proposed operations be and the same [F. R. Doc. 43-1333; Filed, January 26, 1943; Secretary. hereby is granted, subject to the con 2:39 p. m.] [P. R. Doc. 43-1331; Piled, January 26, 1943; dition that International file with this 2.39 p. m.] Commission an annual report on Form U-13-60: And provided further, That [File No. 70-99] jurisdiction is expressly reserved to mod Sioux City G as and E lectric Co. and ify or terminate the exemption if the Iowa P ublic Service Co. [Pile No. 70-614] Commission shall determine that the cir ORDER PERMITTING WITHDRAWAL OF E lectric Bond and Share Co., et al. cumstances which gave rise to the order no longer exist or it is necessary or ap DECLARATIONS AND APPLICATIONS ORDER GRANTING APPLICATION propriate in the public interest or for At a regular session of the Securities At a regular session of the Securities the protection of investors or consumers and Exchange Commission held at its and Exchange Commission, held at its that said exemption be modified or ter office in the City of Philadelphia, Pa., on office in the-City of Philadelphia, Penn minated. the 25th day of January 1943. sylvania, O n the 22nd day of January By the Commission. Sioux City Gas and Electric Company A. D. 1943. [seal] Orval L. DtrBois, (Sioux City) a registered holding com In the matter of Electric Bond and Secretary. pany, and its subsidiary Iowa Public Share Company; American & Foreign [F. R. Doc. 43-1332; Filed, January 26, 1943; Service Company (Iowa), also a regis Power Company, Inc., Ebasco Services 2:39 a. m.] tered holding company, having filed de Incorporated, and Ebasco International clarations and applications pursuant to Corporation. sections 10 and 12 of the Public Utility Electric Bond and Share Company Holding Company Act of 1935 regarding (“Bond and Share”), a registered hold [File No. 70-659] a proposed sale by Iowa and acquisition ing company, and its subsidiary com I nternational U tilities Corporation by Sioux City of 10,000 shares of com panies, American & Foreign Power Com- mon stock, par value $50 each, of Ne pany, Inc. (“Foreign Power”), also a reg ORDER PERMITTING DECLARATION TO BECOME braska Public Service Company, for istered holding company, Ebasco Ser EFFECTIVE $350,000 in cash; vices Incorporated (“Ebasco”) , a wholly- At a regular session of the Securities The applicants and declarants having owned service company, and Ebasco In and Exchange Commission, held at its requested permission to withdraw said ternational Corporation (“Internation office in the City of Philadelphia, Penn declarations and applications, and it ap al”), a presently inactive subsidiary of sylvania, on the 25th day of January pearing to the Commission that the Foreign Power, having filed a joint ap A. D. 1943. withdrawal of said declarations and plication and declaration, and amend International Utilities Corporation, a applications is consistent with the pub ments thereto, pursuant to the Public registered holding company, having filed lic interest; Utility Holding Company Act of 1935, a declaration pursuant to the Public Util It is ordered, That the request of the particularly section 12 thereof and the ity Holding Company Ac^ of 1935, par applicants and declarants be, and it rules promulgated v thereunder, with re ticularly section 12 (c) thereof and Rule hereby is, approved and said declarations spect to the following transactions: U-46 thereunder, regarding the declara and applications are hereby deemed 1. Ebasco to transfer to International tion and payment by International Util withdrawn. all the assets, including cash, employed ities Corporation out of capital or un By the Commission. by the international division of Ebasco earned surplus of a regular quarterly [seal] Orval L. D uBois, in rendering services to client companies dividend on February 1,1943, on its $3.50 Secretary. operating outside the United States, in Prior Preferred Stock, at the rate of consideration for the payment by Inter SIVzt per share on the 97,370 shares of [F. R. Doc. 43-1334; Filed, January 26, 1943; national to Ebasco of $398,576.49 in cash such stock presently outstanding, the 2:40 p.m .] and its assumption of all liabilities aris aggregate amount of such payment be ing out of or in connection with the op ing $85,193.75; erations of the international division. Said declaration having been filed on [File No. 34-3] • 2. Foreign Power to purchase from In December 31, 1942 and notice of said D erby G as & Electric Corporation ternational 1,990 shares of its capital filing having been duly given in the form stock for $199,000 and to advance to it and manner prescribed by Rule U-23 ORDER PERMITTING WITHDRAWAL OF APPLICA on open account the sum of $199,576.49. promulgated pursuant to said Act, and TION 3. Ebasco to reacquire 4,000 shares of the Commission not having received a At a regular session of the Securities its capital stock from Bond and Share request for a hearing with respect to and Exchange Commission held at its of- 1254 FEDERAL REGISTER, Thursday, January 28, 1943 fice in the City of Philadelphia, Pa., on additional shares of its no par value Alabama W ater Service Corporation and the 25th day of January 1943. common stock having a stated value of F ederal W ater Service C orporation Derby Gas & Electric Corporation, a $45 per share, and registered holding company, having filed (b) To issue and deliver to the First ORDER PERMITTING WITHDRAWAL OF DECLARA- an application under section 11 (g) of National Bank in St. Louis, Missouri, its • TIONS AND APPLICATION the Public Utility Holding Company Act promissory note in the principal amount At a regular session of the Securities of 1935 for a report of this Commission of $200,000 bearing interest at the rate and Exchange Commission held at its on a plan for the reorganization of the of 2% per annum and payable on de office in the City of Philadelphia, Pa., on holding company system of the appli mand three years after the date thereof, the 25th day of January 1943. cant; and and Federal Water Service Company (Fed Said plan of reorganization having (c) To use the proceeds from the sale eral), then a registered holding com been superseded by a later plan, and ap of said additional common stock and pany but now dissolved, and Alabama plicant having requested that it be per from the promissory note, together with Water Service Company (Alabama), a mitted to withdraw said application; and other funds, to redeem its presently out subsidiary of Federal, having filed dec It appearing to the Commission that standing bonds in the aggregate principal larations and an application under sec the withdrawal of said application is con amount of $700,000. tions 10 and 12 of the Public Utility Hold sistent with the public interest; (2) Union Electric Company of Mis ing Company Act of 1935 in regard to It is ordered, That the request of the souri proposes to acquire for cash at (a) the surrender by Federal and the applicant be, and it hereby is,, approved $45 per share the 8,793 shares of addi acquisition by Alabama of certain of and said application is hereby deemed tional common stock of Iowa Union Elec Alabama’s securities, and (b) the ac withdrawn. tric Company above referred to. quisition by Alabama from The United By the Commission. By the Commission. Light and Power Company of all of the [seal] O rval L. DuB ois, [seal] O rval L. DuBois, securities and open account indebted Secretary. Secretary. ness of Chattanooga Gas Company owned by The United Light and Power [F. R. Doc. 43-1335; Filed, January 26, 1943; [F. R. Doc. 43-1836; Filed, January 26, 1948; Company; and 2:40 p. m.] 2:40 p. m.] Applicants and declarants having re quested permission to withdraw said declarations and application, and hav [File No. 70-669] [File No. 52-19] ing represented in support of such re quest, among other things, that Alabama U nion E lectric Company of Missouri P ortland Electric P ower Company and I owa Union Electric Company has relinquished its rights to purchase ORDER RECONVENING HEARING the securities and open account indebt NOTICE REGARDING FILING At a regular session of the Securities edness of Chattanooga Gas Company; At a regular session of the Securities and Exchange Commission, held at its the Commission having approved the ac and Exchange Commission, held at its office in the City of Philadelphia, Penn quisition of the securities of Chattanooga office in the City of Philadelphia, Pa., sylvania, on the 25th day of January Gas Company by Federal in its opinion on the 25th day of January 1943. 1943. and order dated January 17, 1940 (See Notice is hereby given that a joint Thos. W. Delzell and R. L. Clark, In 6 S.E.C. 670); and declaration or application (or both) has dependent Trustees of Portland Electric It appearing to the Commission that been filed with this Commission pursu Power Company, a registered holding the withdrawal of said declarations and ant to the Public Utility Holding Com company now in reorganization under application is consistent with the public pany Act of 1935 by Union Electric Com Chapter X of the Federal Bankruptcy interest; pany of Missouri, a registered holding Act, having filed with this Commission It is ordered, That the request of the company, and by its subsidiary, Iowa pursuant to section 11 (f) of- the Public applicants and declarants be, and it Union Electric Company, and Utility Holding Company Act of 1935 a hereby is, granted, and said declarations Notice is further given that any in plan for the reorganization of said Port and said application are hereby deemed terested person may, not later than Feb land Electric Power Company; and withdrawn. ruary 8, 1943, at 4:00 p. m., e. w. t., re The Commission by its order of Oc By the Commission. quest the Commission in writing that a tober 15, 1942 having set said matter hearing be held on such _ matter, stating [seal] Orval L. DuBois, down for hearing on November 9, 1942; Secretary. the reasons for such request and the and said hearing having been held pur nature of his interest, or may request suant to said order and evidence having [F. R. Doc. 43-1338; Filed, January 26, 1943; that he be notified if the Commission been taken with respect to said plan and 2:41 p. m.] should order a hearing thereon. At any said hearing having been continued on time thereafter, said joint declaration or the 14th day of November, 1942 to a time, application, as filed or as amended, may date and place thereafter to be fixed by [File No 812-305] be granted, as provided in Rule U-23 of the trial examiner or by the Commis Carib Syndicate Limited the Rules and Regulations promulgated sion: pursuant to said Act, or the Commission NOTICE OF HEARING may exempt such transaction as pro It is ordered, That said hearing be vided in Rules U-20 (a) and U-100 reconvened cm February 15, 1943 at 10 At a regular session of the Securities thereof. Any such request should be ad o’clock in the forenoon in Room 320 of and Exchange Commission, held at its dressed: Secretary, Securities and Ex the Multnomah County Court House, office in the City of Philadelphia, Pa., on change Commission, 18th and Locust 1021 Southwest Fourth Avenue, Port the 26th day of January, A. D. 1943. Streets, Philadelphia, Pennsylvania. land, Oregon, before William W. Swift, Carib Syndicate Limited having filed All interested persons are referred to Trial Examiner heretofore designated. an application pursuant to the provisions said joint declaration or application, It is further ordered, That notice of section 6 (c) of the Investment Com which is on file in the office of the said hereof shall be given to the parties here pany Act of 1940 for an order of tempo Commission, for a statement of the to by registered mail and to all other rary exemption until February 28, 1943 transactions therein proposed, which are interested persons by publication in the from the provisions of section 30 (d) of summarized below: F ederal R egister. the Act and Rule N-30D-1 promulgated (1) Iowa Union Electric Company pro JBy the Commission. poses: thereunder insofar as the said section (a) To issue and sell to Union Elec [ seal] Orval L. D uBois, and rule require applicant to transmit tric Company of Missouri, the owner of Secretary. a semi-annual report to stockholders all of its presently outstanding common [F. R. Doc. 43-1337; Filed, January 26, 1948; within thirty days after the date as of stock, for cash at $45 per share, 8,793 2:40 p. m.] which the report is made. FEDERAL REGISTER, Thursday, January 28, 1943 1255 It is ordered, That a hearing on the Locust Streets, Philadelphia, Pennsyl Louisville Transmission Corporation matter of the aforesaid application be vania. (Kentucky), an indirect subsidiary of held on February 5,1943, at 10:00 o’clock All interested persons are referred to Louisville Gas and Electric Company in the forenoon of that day in Room 318 said declaration or application, which is (Delaware), a registered holding com of the Securities and Exchange Commis on file in the office of said Commission, pany, having filed a declaration pursu sion Building, 18th and Locust Streets, for a statement of the transactions ant to sections 6 and 7 of the Public Philadelphia, Pa. therein proposed, which are summarized Utility Holding Company Act of 1935 It is further ordered, That Robert P. below: regarding a proposal to amend section Reeder Esq., shall preside at the hearing Alabama United Ice Company pro 3.05 of its First Mortgage and Deed of on such application, The officer so des poses, by agreement between it and four Trust to the Harris Trust and Savings ignated is hereby authorized to exercise other non-afflliated ice manufacturing Bank, Trustee, dated March 1,1942, so as all the powers granted to the Commission companies located in Mobile, Alabama, to permit the release of certain funds under sections 41 and 42 (b) of the In to acquire for $15,000 in cash a 20% in from the construction fund on deposit vestment Company Act of 1940 and to terest in the Polar Ice Company, Inc., with the trustee before the full comple Trial Examiners under the Commission’s which is to be organized in Mobile, Ala tion of the original project as described Rules of Practice. bama, with a total paid-in capital of in said indenture; and Notice of such hearing is hereby given $75,000; the remaining 80% of the capi Said declaration having been filed on to the applicant and to any other persons tal of said new ice company is to be sub the 7th day of January, 1942, and notice whose participation in such proceedings scribed and paid for by the four other of said filing having been duly given in may be in the public interest or for the ice companies of Mobile, Alabama, in the manner and form prescribed by protection of investors. equal amounts. Rule U-23 under said Act, and the Com By the Commission. The application states that the for mission not having received a request [ s e a l ] Orval L. DtrBois, mation of the new ice company is solely for hearing with respect to said decla Secretary. for the purpose of fulfilling a temporary ration within the period specified in such shortage, caused by the war emergency, notice, or otherwise, and not having or [F. R. Doc. 43-1420; Filed,'January 27, 1943; of ice tonnage which is necessary to sup 11:22 a.m.] dered a hearing thereon; and ply railroads and ships which load at the It appearing to the Commission that port of Mobile. the released funds will be used to the Applicant has requested that the ap extent necessary for the payment of a [Pile No. 70-670] proval of the application be accelerated 50,000 kw. transformer and that the re because of the emergency nature of the mainder of such funds will be transferred Alabama United I ce Company transactions involved so that the order to the sinking fund and used for the re will issue not later than February 2,1943. tirement of bonds issued under the NOTICE REGARDING FILING United Public Utilities Corporation, the indenture; that the original project de At a regular session of the Securties parent registered holding company of scribed in said indenture has been sub and Exchange Commission held at its the applicant, has stipulated that the stantially completed and is in service, office in the City of Philadelphia, Pa., on approval of this application by the Com but that due to the inabilty of the de the 26th day of January 1943. mission will not in any way be claimed clarant to obtain certain auxiliary Notice is hereby given that an appli as a change of conditions or circum equipment it is unable to make the cer cation or declaration (or both) has been stances which will constitute grounds tificate which, as the indenture now filed with this Commission pursuant to for modification or revocation of the stands, is a condition precedent to the the Public Utility Holding Company Act order entered by this Commission In the release of monies from the construction of 1935 by Alabama United Ice Company, Matter of United Public Utilities Cor fund; and that The Northwestern Mu a subsidiary of United Public Utilities poration and its Subsidiary Companies tual Life Insurance Company, the owner Corporation, a registered holding com (File No. 59-38) pursuant to section 11 of all of the bonds outstanding under the pany; and (b) (1) of the Act on March 4, 1942, indenture, has executed the proposed Notice is hereby given that any in or which will affect the ability of said amendment; and terested party may, not later than registered holding company to comply The Commission finding that all ap February 1,1943 at 5:30 p. m., e. w. t., re with said order. plicable statutory requirements are met quest the Commission in writing that a By the Commission. and deeming it appropriate in the public hearing be held on such matter, stating [seal] Orval L. DuBois, interest and in the interest of investors the reasons for such request and the na Secretary. and consumers to permit said declaration to become effective; ture of his interest, or may request that [P. R. Doc. 43-1419; Piled, January 27, 1943; he be notified if the Commission should 11:22 a. m.] It is hereby ordered, Pursuant to said order a hearing thereon. At any time Rule U-23 and the applicable provisions thereafter such declaration or applica of said Act and subject to the terms and. conditions prescribed in Rule U-24 that tion, as filed or as amended, may become [Pile No. 70-661] effective or may be granted, as provided the aforesaid declaration be and the in Rule U-23 of the Rules and Regula Louisville T ransmission Corp. (K y .) same hereby is permitted to become tions promulgated pursuant to said Act ORDER PERMITTING DECLARATION TO BECOME effective forthwith. or the Commission may exempt such EFFECTIVE By the Commission. transaction as provided in Rules U-20 (a) At a regular meeting of the Securities [seal] Orval L. D uBois, and U-100 thereof. Any such request and Exchange Commission held at its Secretary. should be addressed: Secretary, Securi office in the City of Philadelphia, Pa., on [F. R. Doc. 43-1418; Piled, January 27, 1943; ties and Exchange Commission, 18th and the 26th day of January, A. D. 1943. 11:22 a. m.}