jjxO N A L ^ REGISTER

1 9 3 4 c r f r VOLUME 11 ^AJITED ^ NUMBER 77

Washington, Friday, April 19, 1946

Regulations (18) “ Elevator operator’' means a per­ CONTENTS son who owns or operates a grain eleva­ tor, warehouse, or barge-loading or car­ REGULATIONS AND NOTICES TITLE 5—ADMINISTRATIVE loading facility and who receives grain A griculture D epartment: Pa€® PERSONNEL for resale, from producers or truckers Wheat sold under emergency Chapter I—Civil Service Commission in wagon or truck lots. purchase program (WFO 144, Am. 5) (Corr.)______4323 P art 27—T emporary Civil Service Civil A eronautics B oard: R egulations Free travel for postal employ­ EXEMPTIONS FROM CLASSIFICATION TITLE 14—CIVIL AVIATION ees ______4323 The following paragraph is added to Chapter I—Civil • Aeronautics Board United Air Lines, Inc., and Cat­ alina Air Transport; hear­ § 27.2 (c) (2) Exemptions from classifi­ [Regs., Serial No. 362] cation (11 P.R. 1424, 3469): ing______4343 P art 228— F ree and R educed-R ate Civil Service C o m m ission: Further exemptions have been agreed T ransportation Temporary Civil Service regula­ upon between the Commission and the • • tions; exemptions from employing establishment as follows: FREE TRAVEL FOR POSTAL EMPLOYEES classification______— 4323 Position Effective date At a session of the Civil Aeronautics Civ ilia n P roduction A dm inistra­ Chief National Bank Examiner, Apr. 19,1946 Board held at its office in , t io n : Office of the Com ptroller of D. C. on the 12th day of April 1946. Delegations of authority; pref­ the Currency; Treasury De­ (Amendment No. 6 of § 228.1 of the Eco­ erence rating authority of partment. the Army and Navy Muni­ Assistant Chief National Bank Apr. 19,194« nomic Regulations) Examiner, Office of the The Civil Aeronautics Board, acting tions Board, Maritime Com­ Comptroller of the Currency, pursuant to the Civil Aeronautics Act of mission and War Shipping Treasury Department. 1938, as amended, particularly sections Administration (Dir. 41) __ 4325 District Chief National Bank Apr. 19,1946 205 (a) and 405 (m) thereof, hereby E c o n o m ic S tabilization , O f f ic e o f : Examiner," Office of the makes and promulgates the following Support prices, subsidies; live­ Comptroller of the Currency, regulation: • stock slaughter payments_ 4340 Treasury Department. Effective immediately, subparagraphs F e d e r a l. C ommunications C o m m i s ­ National Bank Examiner, Office Apr. 19,1946 (3) and (6) of paragraph (a) of § 228.1 s i o n : of the Comptroller of the Currency, Treasury Depart­ of the Economic Regulations, as amend­ Hearings, etc.: ment. ed, are hereby amended to read as Blue Valley Co. and General • Assistant National Bank Ex­ Apr. 19,1946 follows: Broadcasting Co______4350 Citizen’s Broadcasting Co----- 4346 aminer, Office of the C om p­ § 228.1 Free travel for postal employ­ troller of the Currency, Dickinson Publishing Co_____ 4347 Treasury Department. ees— (a) Postal employees to be carried Dickinson Radio Assn_____4347 free. * * * Don Lee Broadcasting System By the Civil Service Com­ (3) The Assistant Postmaster General mission. (K G B )______; 4350 who at the time has jurisdiction over all Edwards, Walter L ------4344 [ s e a l ] H . B. M i t c h e l l , the air service, his confidential as­ Electronic Time, Inc______4352 President. sistant, and his Deputy Assistant Post­ Eugene Broadcasters, Inc____ 4349 A p r il 16, 1946. master General. 4° * # * ~ # Fletche:*, A. J., and News and Observer Publishing Co__ 4350 [F. R. Doc. 46-6570; Piled, Apr. 18, 1946; (6) The Superintendent, Thirteenth , 11:59 a. m .] Hub City Broadcasting Co__ 4345 Division, Railway Mail Service, located Jackson Broadcasting Co____ 4346 at , Washington, and the Chief KELO______„ ______4352 Clerk and Assistant Chief Clerk, Rail­ TITLE 7—AGRICULTURE Livingston Broadcasters------4345 way Mail Service, located at Anchorage, Luck-McDonald Co______4351 Chapter XI—Production and Marketing Alaska, when travelling between Seat­ Mobile Broadcasting Co____4345 Administration (War Food Distribution tle, Washington and Alaska or within Northern Airwaves Alaska on official business relating to the Orders) Corp______4348 transportation of mail by aircraft to, [WPO 144, Arndt. 5] from and within Alaska. Northern Kentucky Radio Corp______4348 P art 1416— G rain (Sec. 205 (a ), 52 Stat. 984, 49 U.S.C. 425 Northern Broadcast­ e x e m p t io n f o r w h e a t sold -under e m e r ­ (a ) ; sec. 405 (m ), 52 Stat. 997, 49 U.S.C. ers, In c,______4347 g e n c y WHEAT PURCHASE PROGRAM 485 (m )) OJAI Broadcasting Co______4344 ^ Correction . By the Civil Aeronautics Board. Press Wireless, Inc______4351 In F ederal R egister document 46-6385 F red A. T oombs, Radio WKBN______4348 appearing on page 4289 of the issue for Secretary. Smith, George Arthur______4346 Summit Radio Corp. Thursday, April 18, 1946, paragraph (a) [F . r . d o c . 46-6 5 4 1; Filed, Apr. 18, 1946; (18) should read as follows: 10:50 a.m.] (WAKRr)______4349 4323 4324 FEDERAL REGISTER, Friday, A pril 19, 1946

CONTENTS—Continued w . CONTENTS—Continued

Office of Price Administration: Page O ffice of P rice A dministration— Page FEDERÄlMREGISTER Adjustments and pricing orders: Continued. A. & R. Coal Co. et al______4360 . Regional and district office or­ Abernathy Furniture Co------4373 * ders: Acme Refrigeration Co------4370 Building and construction Adelphia Cigar Co______4367 materials, Des Moines, Airtherm Mfg. Co______4372 , area____ :------— 4379 Published daily, except Sundays, Mondays, Alvey Bros. Coal Co. and Hen­ Fruits and vegetables, fresh; and days following legal holidays, by the derson Mining Co------4360 , Pa., district Division of the Federal Register, the National American Foundry and Fur­ (2 documents) ___ 4374, 4376 Archives, pursuant to the authority contained nace Co______4370 Plumbing services, etc., Sa­ in the Federal Register Act, approved July 26, Ben-Hur Mfg. Co------4361 vannah and Chatham 1935 (49 Stat. 500, as amended; 44 U.S.C., Counties, Ga______4376 ch. 8B), under regulations prescribed by the Big Creek Coal Co. et al—.__ 4361 Administrative Committee, approved by the Borg-Warner Corp------4358 Solid fuels: President. Distribution is made only by the Broadway Lamp Shade Co— 4362 region-______4378 Superintendent of Documents, Government Cane Branch Coal Co. et al— 4359 Council Bluffs, Iowa, area__ 4377 Printing Office, W ashington 25, D. C. Carbonic Gas Equipment Co_ 4369 Des Moines, Iowa, area— _ 4377 The regulatory material appearing herein is Commercial Mfg. Co------4370 Lincoln, Nebr., area______4380 keyed to thé Code of Federal Regulations, Copco Steel and Engineering Omaha, Nebr., area______;_ 4379 which is published, under 50 titles, pursuant Sioux City, Iowa, area_____ 4378 to section 11 of the Federal Register Act, as C o ______4372 am ended June 19, 1937. Crossman Co______- — — 4363 Sioux Falls, S. Dak—___4377 The F ederal R egister will be furnished by Davidson Coal Co. et al_!---- 4362 Sealing tape, gummed Kraft mail to subscribers, free of postage, for $1.50 Di Pascale Cigar Co___------4363 (MPR 459, Am. 5) ______4338 per month or $15.00 per year; payable in ad­ Diaz & Borrego Cigar Co----- 4364 Textiles, apparel and related vance. The charge for individual copies Fleetwood Equipment C.orp— 4371 ' products, sales and fabrica­ (giinimum 15

CODIFICATION GUIDE—Continued any other territory while it was desig­ Ships Service Departments, War Ship­ nated as “enemy territory” under Gen­ ping Administration Training Organ­ T it l e 31—M o n e y a n d F i n a n c e ; Page eral Ruling No. 11; ization Ships Service Activities, all for T r e a s u r y : (2> Any partnership, association, cor­ overseas or shipboard use only (except Chapter I—Monetary Offices, poration. or other organization organ­ for specified quantities of items as spe­ Department of Treasury: ized under the laws of Siam, unless, by cifically approved for domestic use in Part 131 General licenses reason of the interest of persons not li­ CPA Priorities Policy Decisions). under E.O. 8389______4325 censed hereby, it is a national of a (3) The following agencies of the Fed­ T it l e 32— N a t io n a l D e f e n s e : blocked country other than Siam. Chapter IX —Civilian Produc­ eral Government: Coast and Geodetic (c) Definition. As used in this section, Survey, National Advisory Committee on. tion Administration : the term “ blocked country” shall be Part 903—Delegations of au­ deemed to include Countries licensed by Aeronautics, Civil Aeronautics Adminis- thority . —______4325 § 131.93 (General License No. 94). • tration (only for activities performed at Chapter X V III—Office of Eco­ the request or under the sponsorship of (Sec. 5 (b), 40 Stat. 415 and 966; sec. 2, nomic Stabilization: the Army or Navy), Selective Service Part 4003—Support ‘ prices; 48 Stat. 1; 54 Stat. 179; 55 Stat. 838; E.O. subsidies______4340 8389, April 10, 1940, as amended by E.O. System, Office of Scientific Research and T it l e 37—P a t e n t s a n d C o p y r i g h t s : 8785, June 14, 1941, E.O. 8832, July 26, Development, Weather Bureau, U. S. Chapter I—Patent Office,' De­ 1941, E.O. 8963, Dec. 9, 1941, and E.O. Soldiers Home (Washington, D. C.). partment of Commerce: 8998, Dec. 26,1941; E.O. 9193, July 6,1942, (4) American Red Cross and United Part 1—Patents______4341 as amended by E.O. 9567, June 8, 1945; Service Organizations, Inc., activities T it l e 46— S h i p p i n g : Regulations, April 10, 1940, as amended directly connected with military person­ Chapter n —United States Mar­ June 14, 1941, July 26, 1941, and Febru­ nel overseas. itime Commission: v ary 19, 1946) (c) Deliveries which may he rated M M Part 201—Rules of procedure [ s e a l ] F red M. V i n s o n , bytheANMB. The Army and Navy Mu­ before the Commission___ 4341 Secretary of the Treasury. nitions Board may assign MM preference ratings to: [F. R. Doc. 46-6550; Filed, Apr. 18, 1^46; - (1) Deliveries in fulfillment of con­ 11:14 a. m .] TITLE 31—MONEY AND FINANCE: tracts and purchase orders of the kinds described in paragraph (b ), including TREASURY . deliveries of material to be'incorporated. Chapter I—Monetary Offices, Department in construction, but only if the construc­ TITLE 32—NATIONAL DEFENSE * - of the Treasury tion is covered by subparagraphs (2) Chapter IX—Civilian Production through (5) below. All other construc­ P art 131-—G e n e r a l L i c e n s e s U n d e r E x ­ Administration tion will be rated only by the Civilian e c u t i v e O rder-N o . 8389, A p r i l 10,1940, Production Administration, even though as A m e n d e d , a n d R e g u l a t io n s I s s u e d A uthority: Regulations in- this chapter the facilities when completed will be P u r s u a n t T h e r e t o unless otherwise noted at the end of docu­ ments affected, issued under séc. 2 (a), 54 owned, leased or operated by the Army PROPERTY OF SIAM AND NATIONALS THEREOF Stat. 676, as amended by 55 Stat. 236, 56 Stat. or Navy or other agency mentioned in 177, 58 Stat. 827 and Pub. Law 270, 79th A p r i l 19,1945. paragraph (b). Cong.; E.O. 9024, 7 F.R. 329; E.O. 9040, 7 F.R. General License No. 96 under Execu­ 527; E.O. 9125, 7 F JR. 2719; E.O. 9599, 10 F.R. (2) Command construction; that is tive Order No. 8389, as amended, Execu­ 10155; E.O. 9638, 10 F.R. 12591; £ P A Reg. 1, the following types of projects ordered tive Order No. 9193, as amended, section Nov. 5, 1945, 10 F.R. 13714.. j built by- either the Chief of Staff, U. S. 5 (b) of the Trading with the Enemy Army, or the Chief of Naval Operations, P a r t 903—D e l e g a t io n s o f A u t h o r i t y Act, as amended by the First War Pow­ U. S. Navy: air fields; military housing; ers Act, 1941, relating to -foreign funds . [Directive 41, as Amended Apr. 17, 1946] facilities for the repair of finished items control. . • of munitions; ports and depots;, over­ PREFERENCE RATING AUTHORITY OF THE seas or theatre of operations construc­ § 131.96 Property of Siam and of na­ ARMY AND NAVY MUNITIONS BOARD, MARI­ tion; seacoast fortifications; military tionals thereof generally licensed— (a) TIME COMMISSION AND WAR SHIPPING AD­ hospitals; maneuvering, training and Property of. Siam and of nationals MINISTRATION staging areas and proving grounds; and thereof licensed. Any property which is § 903.154 Directive 41— (a) Purpose Manhattan District project. subject to the proviso of paragraph (a), and effect. The purpose of this direc­ (3) Army engineers construction for of § 131.94 (General License No. 94) tive is to delegate to and define the au­ the Veterans Administration; that is solely by reason of the interest therein thority of the Army and Navy Munitions Veterans Administration construction of Siam (Thailand) for any national Board, Maritime Commission and War projects and remodelling of buildings, to thereof is hereby licensed to be regarded Shipping Administration with respect to be. leased to the Veterans Administra­ as property in which no blocked country the assignment of MM preference ratings. tion for use as regional or branch offices, or national thereof has or has had any This directive, as amended, does not af­ interest. where the Administrate of Veterans A f­ fairs has requested the Army Engineers (b) Application of section to certain fect the validity of MM ratings properly to do the construction, or remodelling. nationals. This section shall not apply assigned under it before it was amended. (4) Panama Canal construction; that with respect to any national of Siam (b) Priorities in&tructipns of the Army is, projects (other than command con­ who is a national of a blocked country and Navy Munitions Board. The Army struction > whiph are owned by the Pan­ other than Siam: Provided, however, and Navy Munitions Board, after ap­ ama Canal. That for the purpose only of this section proval by the Civilian Production Ad­ the following shall be deemed to be na­ ministration, may issue instructions gov­ N ote: Subparagraph (5) form erly (6), re­ tionals only of Siam: erning the assignment of preference designated Apr. 17, 1946. Former subpara-. - (1) Any individual residing in Siam ratings within limits prescribed by CPA graph (5) deleted Apr. 17, 1946. except (i) any individual who was within Priorities Policy Decisions covering con­ (5) NACA construction; that is con­ a country licensed by § 131.94 (Gfeneral tracts, purchase orders and other similar struction projects of the National Ad­ License No. 94) on the effective date procurement documents for the delivery visory Committee on Aeronautics which thereof as to that country, (ii) any indi­ of materials (including products, com­ are required for aeronautical develop-% vidual who on December 7, 1945, was modities, equipment, accessories, parts or ment and research as directed by the within a blocked country excepted from assemblies) to or for the account of: Army Air Forces or Bureau of Aero­ § 131.94 (General License No. 94), and . ( l ) 'The Army (including the Panama nautics of the Navy. (iii) any citizen or subject of Germany or Canal) and the Navy, (including the (d) Deliveries which may be rated M M Japan who at any time on or since De­ Marine Corps and the Coast Guard). cember 7, 1941 has been within the ter­ (2) U. S. Army and Marine Corps Post by the Maritime Commission and the ritory of either such country or within Exchanges, U. S. Navy and Coast Guard War Shipping .Administration. The 4326 FEDERAL REGISTER, Friday, A pril 19^ 1946

Maritime Commission and War Shipping by means of a rubber stamp or printed Revised Maximum Price Regulation Administration may assign MM prefer­ on the order or contract form. The cer­ 208 is amended in the following respects: ence ratings to the deliveries specified in tification need not be signed separately 1. The first sentence of section 2.2 is if the purchase order or contract is amended to read as follows: paragraphs (1) through (4) below with­ signed by an official who is authorized in limits prescribed by CPA Priorities to assign the ratings on behalf of the S ec. 2.2 List prices (Rule 1). The Policy Decisions, and only upon individ- agency which is placing the order or ceiling price for a garment priced under idual applications which show that the contract. This method of assigning the this section is the “base price,” deter­ materials or equipment cannot be ob­ rating may not be used when the as­ mined under paragraph (a) below, multi­ plied by the applicable percentage listed tained without priorities assistance by signment of the rating is subject to re­ view and approval by the Civilian Pro­ in Appendix B. the latest date and in the minimum duction Administration before issuance. quantity practicable: 2. The first sentence of section 2.3 (b) (4) [Deleted Apr. 17, 1946.] is amended to read as follows: (1) Ships’ stores. Deliveries to or for (5) Every rating assigned under this the account of the Maritime Commis­ directive on a form or certification shall (b) How to calculate the ceiling price. sion or War Shipping Administration of be assigned in the manner prescribed The ceiling price for a garment priced therein without' attaching any further under this section is the formula price, ships* stores for use on shipboard; determined under (1) below, multiplied (2) Maintenance and repair of ships. conditions or qualifications, except that in approving’ any Form WPB-542 for by the applicable percentage listed in Ap­ Deliveries to private ship repair yards tires or tubes the Civilian Production pendix B. of materials and equipment needed for Administration may limit the use of the 3. In the example in section 2.3 (d), immediate incorporation into ships un­ rating to a specific make of tire or tube, the sixth, seventh, and eighth lines fol­ der the control of the Maritime Com­ or may provide that delivery may only lowing the table are 'amended to read as, mission or War Shipping Administration be obtained from a specified supplier. follows: (h) Application and extension of which are being repaired in the yards; Adjustment from Appendix B: 1 ratings. Ratings assigned under this 1.28 x $12.48: $15.97 ceiling price reported. (3) Ship yard inventories. Deliveries directive may be applied and extended to private ship repair yards for inventory only in accordance with applicable regu­ . 4. Footnote 1 to the example in section purposes of the kinds of material nor­ lations of the Civilian Production Ad­ 2.3 (d) is amended to read as follows: mally stocked in the minimum quantities ministration. 1The adjustment of 1.28 assumes that the necessary for the repair and mainte­ (i) [Deleted Sept. 12, 1945.] base prices of Lot Nos. 991 and 807 were es­ (j) Authority to change destination of tablished pursuant to a price list issued after nance of ships under the control of the shipments or to allot materials. Specific January 1, 1942. Accordingly, Part A of Maritime Commission or War Shipping authority to issue on Form GA-209 in­ Column 3 of the table in Appendix B is Administration; and structions to contractors and subcon­ applicable. (4) Ship construction and conversion. tractors for change in destination of 5. The first sentence of section 2.4 (b) Deliveries of materials and equipment shipments of items being produced for is amended to read as follows: to be incorporated into ships which are Army or Navy programs, or authority to allot specific materials for specified pur­ (b) How to calculate the ceiling price. being constructed, outfitted or converted poses, may be delegated from time to The ceiling price for a garment priced under contracts with the Maritime Com­ time to officers of the Army and Navy under this section is the formula price, mission or War Shipping Administration. respectively, by the Civilian Production determined under (1) below, multiplied (e) Restrictions on rating authority. Administrator or Director of the Bu­ by the applicable percentage listed in Ap­ (1) Any preference rating certificate reau of Reconversion Priorities of the pendix B. which assigns a rating to the delivery of Civilian Production Administration. 6. In the example in section 2.4 (c), tires or tubes shall before issuance be (k) Directives and delegations of au­ Line Nos. 6 and 7 are amended to read reviewed and approved by the Civilian thority superseded. This- directive su­ as follows: persedes Directives 23, 31 and 32 and all Production Administration. Adjustment from Appendix B :2 (2) [Deleted Apr. 17, 1946.1 individual delegations of authority to 1.28 x $16.651/2: $21.31% ceiling price for (f) Redelegation of authority to as­ assign preference ratings which have Lot No. 669. sign ratings. The authority delegated to heretofore been issued by officials of the the Army and Navy Munitions Board in War Production Board or Civilian Pro­ 7. Footnote 2 to the example in section paragraph (c) may be redelegated by the duction Administration to the Army and 2.4 (c) is amended to read as follows: Board only to authorized officials of the Navy Munitions Board or to any service 2 The adjustment of 1.28 assumes that the agencies enumerated in paragraphs (b) of the Army, to the Army Air Forces or base price of Lot No. 667 was established (1), (b) (2) and (b) (3). The authority to any Bureaus of the Navy or Maritime pursuant to a price list issued after January Commission or to the War Shipping Ad­ 1, 1942. Accordingly, Part A of Column 3 delegated to the Maritime Commission of the Table in Appendix B is applicable. and War Shipping Administration -in ministration. paragraph (d) may be redelegated by (l) [Deleted Apr. 1, 1946.] 8. Section 2.6 is amended to read as them only to authorized officials of those Issued this 17th day of April 1946. follows: agencies. J o h n C. H o u s t o n , Jr., Sec. 2.6 Maximum prices in other cases (g) Method of assigning ratings. (1) Director, (Rule 5). (a) The maximUm price of a [Deleted Sept. 12, 1945.] Bureau of Reconversion Priorities. garment of staple work clothing which (2) Preference ratings assigned under cannot be priced under Rules 1, 2, 3 or this directive shall be assigned on Form [F . R. Doc. 46-6512; Filed, Apr. 17, 1946; 11:20 a. m .] 4 shall be a price, in line with the level WPB-542, or as prescribed in subpara­ of prices established by this regulation, graph (3) below. determined by the Office of Price Admin­ (3) When any Government agency istration upon application by the seller. having the authority assigns a prefer­ Chapter XI—Office of Price Administration The applipation shall be filed with the ence rating to deliveries to be made to or Apparel Price Branch, Office of Price for its account, it may do so by placing [R M P R 208, Arndt. 12] Administration, Washington 25, D. C., the rating on the purchase order or con­ P a r t 1389— A p p a r e l setting forth the following: tract and endorsing the order or con- (1) Description of body material (in­ • tract with a certification substantially as MAXIMUM PRICES FOR STAPLE WORK cluding type, weight, width, finish, net follows: “By authority of the Civilian CLOTHING cdst per yard, and the source of supply). Production Administration the prefer­ A statement of the considerations in­ (2) Size range in which the garment is ence ratings indicated are assigned to volved in the issuance of this amend­ to be made. the deliveries on this purchase order or ment, issued simultaneously herewith, (3) Number of yards per dozen used in contract.’’ This certification may be has been filed with the Division of the fabricating the garment. placed on a purchase order or contract Federal Register. * (4) Lot number of the garment. FEDERAL REGISTER, Friday, A pril 19, 1946 4327

(5) Requested prices, terms and dis­ order to determine the amount of the ad­ A ppendix B— Adjustments T o Be Made in counts to each class of trade. justment applicable to a particular gar-' B ase Prices of G arments Priced U nder (6) Names of three competitors, and ment, you must know the effective date Section 2.2 and in Formula Prices of G ar­ their prices to the same class of trade of the order and the body material used ments Priced U nder Sections 2.3 and 2.4. for similar garments made of the same in the garment. The adjustment may The amount of the adjustment to be made body material. then be derived from the table by finding, in the base price of a garment being priced (7) A sample of the garment. for the body material used in the gar­ under section 2.2 (Buie 1), or in the formula Pending action on such an applica­ ment, the “percentage multiplier” appli­ price of a garment being priced under sec­ tion 2.3 (Rule 2) or 2.4 (Rule 3), to find its tion, a person must hot sell or deliver cable for the period in which the order ceiling price, is given in the table below. the garment except in accordance with was first effective. The new maximum The amount of the adjustment is dependent the provisions of section 5.6 (b) (Adjust­ price is calculated by multiplying the on the following three factors: able pricing agreements). price originally authorized by the appli­ (a) The body material of which the gar­ (b) In connection with any order is­ cable percentage multiplier. ment is made (column 1). (b) The weight and finish of the par­ sued under this section, the maximum Far example: An order -under section 2.6 price of a garment which is the same as a ticular body material (column 2). issued and effective Novem ber 17,1945, estab­ (c) The date of the “last issued written garment specifically priced in such order, lished for the M Manufacturing Company the price list”' pursuant to which the base prices except for the substitution of body ma­ following maximum prices: were established for garments priced under terial, shall be a price calculated in ac­ Lot No..l, men’s 8 oz. sanforized denim section 2.2 (column 3). If the base prices for cordance with the formula set forth in p an t______$12. 48 garments priced under section 2.2 were estab­ section 2.4 (Rule 3). The definitions and Lot No. 2, men’s £.65 sanforized covert lished pursuant to a price list issued on or reporting requirements of that section one-piece work suit______16.70 after January 1, 1942, the seller must use shall be applicable to prices determined Part A of column 3. If they were established Inasmuch as the order was issued between pursuant to a price list issued prior to Janu­ under this paragraph. (However, this September 1, 1944, and December 1, 1945, M ary 1, 1942, he uses Part B. paragraph shall not be applicable in those determines the adjustment from column 4 of The maximum price for a garment is ob­ instances in which the order issued under the table below. The percentage multipliers tained by multiplying the base or formula this section contains a formula similar for 8 oz. sanforized denim and 1.65 sanforized price by the percentage indicated in the table to that provided in section 2.4.) pants covert listed in column 4 are 1.24 and below. 1.30, respectively. Accordingly, M ’s new max­ N o t e : For garments made from jean, drill, (c) Maximum prices authorized by or­ imum price for Lot No. 1 is $12.48 x 1.24, or ders issued under this section prior to twill or poplin materials purchased after $15.47%; M ’s ceiling for Lot No. 2 is $21.71 September 17, 1945, which were sold and April 15,1946, may be adjusted in accord­ ($16.70 X 1.30), plus 4% of $21.71, or $22.58 delivered on an adjustable pricing basis, ance with the table set forth below. In (see the note follQWing the table). instead of taking the applicable adjustments listed in the table below, you are limited to P ercentage M ultipliers the adjustments shown in the Table II (as revised by Amendment 11, issued April 0, Column 1 Column 2 Cölumn 3 Column 4 Column 5 1946) which was part of this Appendix prior to April 17, 1946. Weight and finish Orders Orders Example 1. Manufacturer X has deter­ Orders issued issued m ined a* base price for his 8 oz. (2.00 yd.) Body material issued between between prior to Sept. 1, Dec. 1, sanforized denim dungaree, under Rule 1, of Sept. 1, 1944 and 1945 and $10.80 per dozen. This base price was derived M ill finish Sanf. 1944 Dec. 1, April .15, 1945 1946 from a price list issued March 6, 1942. X consults Part A of the table (since the base price was established, pursuant to a Denims: solid colors and stripes.3.00— 2.70- 2.45_____ 2.20- price list issued after January 1, 1942) and 2.20...... 8 oz.. finds that the adjustment listed for 8 oz. 1.31 8 oz___ _ 9 OZ­ 1.24 1.19 (2.00 yd.) sanforized denim is 1.28. 1.28 X 9 oz_____ IO oz. $10.80 gives $13.82 per dozen as the maximum 10 oz____ 11 oz. price for this dungaree. All other weights. 1.28 1.21 1.16 Ducks and pinstripes______A ll weights...... 1.28 1.28 1.28 - Example 2. Manufacturer Y desires to find Pinchecks______A ll weights...... —— 1.28 1.28 1.21 his maximum price for a men’s 1.65 sanfor­ Fine and coarse yarn shirting ehambrays. 3.90...... 1 3.60...... 1 ized covert work pant. Under section 2.3 3.20...... — 2.90...... 1.34 1.24 1.21 AH other weights...... 1.31 1.21 1.18 (Rule 3), he has found a formula price of Sheeting and cheviots...... —...... All weights______— 1.31 1.31 1.31 $17.42 per dozen for this garment. The base Fine and coarse yam shirting coverts. S.90--...... 1 3.60...... price under section 2.2 of the whipcord work 3.28— - ...... I 2.90...... 1.34 1.24 1.21 pant which was used in arriving at the Rule AH other weights...... 1.31 1.26 1.18 Jeans...... - ...... 1 2.85...... 1.25 1.25 1.25 3 price of $17.42 was established by a price AH other weights...... 1.22 1-22 1.22 list issued December 20, 1941. Carded poplins______2.00 to 3.75 yd. incl...... 1.25 1.25 1.25 The adjustment listed in Part B of Column All other weights_____ 1.22 1.22 1.22 3 for 1.65 sanforized covert is 1.25. 1.25 x Drills...______2.50 to 3.25 yd. incl______... 1.26 1.26 1.26 All other weights______1.23 1.23 1.23 $17.42 gives $21.77% as the m axim um price Twills, carded or combed. Gov’t, types I, II, I I I and V ... 1.32 1.32 1.32 for this lot number. 2.00 yd. and heavier (except 1.29 1.29 1.29 Gov’t, types I, II, I I I and Example 3. Manufacturer Z has deter­ V ) 6 oz. shirting twills. mined a base price for his 2.20 sanforized Lighter than 2.00 yd. and up to 1.26 1.26 denim one-piece work suit, under Rule 1, of 3.00 yd. inc. $29.00 per dozen. This base price was de­ AH other twiUs____ :___ ... ___ 1.23 1.23 Pants coverts. — ...... | 2.40„._...... rived from a price list issued March 10, 1942...... : ...... 2.00...... 1.30 1.30 1.23 The adjustment listed in Part A of Column ...... — — I 1.65...... 3 for 2.20 sanforized denim is 1.28, $29.00 AH other weights______1.27 1.27 1.20 multiplied by 1.28 equals $37.12. Inasmuch Whipcords. —— ...... _J| 1.45-1.66.__ _ 1.26 1.26 1.20 All other weights...... 1.23 1.23 1.17 as this is a one-piece work suit, according to Moleskins, black and white and plain. A11 weights______1.27 1.27 1.27 the note to the table, Z takes 4% of $37.12 (or Cottonades...... ‘ , A11 weights______'...... 1.27 1.27 1.20 $1.48) and adds this am ount to $37.12. Therefore, Z ’s maximum price for this gar­ N ote: In addition to the multipUers set forth above, the maximum price so found for the following garment classifica­ m ent is $37.12 plus $1.48, or $38.60 per dozen. tions may be increased by the percentage amount indicated below: Example 4. Manufacturer A has deter­ Coats and jackets lined with cotton blanket materia!______r .______. . „ ercent m ined a base price lo r his 2.85 sanforized jean One-piece work suits— ...... __...... - T ...... 4 shirt, under Rule 1, of $13.00 per dozen. This base price was derived from a price list issued 9. Section 5.9 is amended to read as of general applicability in -accordance follows: M arch 5, 1942. with Revised Procedural Regulation No. 1 Between December 10, 1945 and April, 17, S e c . 5.9 How this regulation may be issued by the Office of Price Administra­ 1946, A sold and delivered quantities of this amended. Any person who seeks a modi­ tion. „ shirt (which was made from fabrics pur­ fication of any provision of this regula­ 10. Appendix B is amended to read as chased after September 17, 1945) at the ceil­ tion may file a petition for amendment follows: ing price in effect on July 1,1945, and reserved 4328 FEDERAL REGISTER, Friday, April 19, 1946 the right to collect the difference, if any, 1.24, the adjustment listed for 2.85 jean in the W holesale Ceiling P rices—M en’s Bib Overalls and Overall Jackets between that ceiling and any higher ceiling table below). He is limited to the differ­ which may thereafter be established by the ence between his July 1, 1945, ceiling and [A jacket has the same maximum price as a bib overall '______of the same material]______Office of Price Administration. By virtue of $13.05 ($13.00 plus [0.175 cents, the adjust­ the note set forth above, A may not collect ment listed in Table II as-revised by Amend­ Maxi­ on these contracts the difference between his ment 11, times 29.5 yards, the yardage con­ Weight in yards mum Fabric per pound and Finish price July 1, 1945, ceiling and $16.12 ($13.00 times sumed per dozen shirts]). ounces per yard (per dozen)

T able ok A djustments Denim__ 2.00 (8 oz.)._...... $23.17 2.00 (8 oz.)...... Unshrunk...... 22.28 Column 3 2.20 (7)4 oz.)_____ Shrunk__ ___ 21.-92 Column 1 Column 2 2.20 (7)4 oz.)...... Unshrunk.___ 21.03 Part A Part B Weight and finish M e n ’s W aistband Overalls or D ungarees Pricelist Price list Body material issued on or issued prior 2.00 (8 oz.)______$16.52 2.00 (8 oz.)...... 15. §9 M ill finish Sanf. after Jan. to Jan. 1,1942 1,1942 2.20 (7H oz.)...... Shrunk... 15.63 2.20 (7)4 oz.)...... _ 14.97 2.45 (6)4 o z.)...... d o ...... 14.18 Denims (solid colorì and stripes). 3.00 ...... 2.70...... 2.45...... 2.20...... 2 .2 0 ...... 15. Tlje third undesignated paragraph 1.28 1.31 of section 6.4 is deleted. 10 oz___ >L6. The table of “Manufacturers’ Ceil­ All other weigh ts...'t...... 1.25 1.28 ing Prices” in section 6.4 is amended to Ducks, pinchecks and pinstripes...... 1.25 1.28 read as follows: Fine and coarse yarn shirting chambrays and coverts. 3.90....“-...... 3.60...... 1.34 3.20 ___ 2.90______1.32 M anufacturers’ Ceiling P rices—M e n ’s Bib Over­ All other weights...... 1.29 1.31 alls and Overall Jackets Sheetings and cheviots. All weights___ 1.29 1.31 Jeans------____ ..-r______| 2.85...... 1.24 1.25 [A jacket has the same maximum price as a bib overall All other weights______1.21 1.22 of the same material] Carded poplins------2.00 to 3.75 in d______-______1.24 1.25 All other weights______..... 1.21 1.22 D rills...... 2.50 to 3.25 incl...... 1.24 1.26 P arti Part 2 All other weights...... 1.21 1.23 Twills, carded or combed. Gov’t, types I, II, I I I and V __ 1.30 1.32 Sales Gov’t, type IV 6 oz. shirting 1.27 1.27 to twill 2.00 and heavier (except Weight in yards group Sales Gov’t, types I, II, I I I and per pound and Finish I to Fabric group V). ounces per yard retail Lighter than 2.00 and up to 1.24 1.24 sellers II 3.00, ind. and to retail sellers All other weights...... 1. 21- 1.21 whole­ Pants coverts...... I 2.40...... salers ...... I 2.00...... ' 1.27 1.30 1.65...... All other weights. 1.24 1.27 Denim... 2.00 (8 OZ;)_____ Shrunk____ $20.25 $22.75 Whipcords...... — ...... 1.45-1.66. .1.24 1.26 2.00 (8 oz.)___ Unshrunk... 19.47 21.89 All other weights. U. 21 1.23 2.20 (7)4 o z.).. Shrunk__ 19.16 21.54 Moleskins (black and white and plain) and cotton- All weights. L 24 1.27 2.20 (7H oz.) .- Unshrunk... 18.38 20.68 ades. M en ’s W aistband Overalls or D ungarees

N ote: In addition to the amounts set forth above, the maximum price so.found for the following garment classifi Denim... 2.00 (8 oz.)___ Shrunk____ $14. 44 $16.31 cations may be increased by the percentage amount indicated belowi. 2.00 (8 oz.)___ Unshrunk... 13.89 15.68 , Percent 2.20(7)4 o z.).. Shrunk____ 13.66 15.44 Coats and jackets lined with cotton blanked material...... i ...... : ...... 6 2.20 (7)4 oz.)..- Unshrunk... 13.08 V 14.80 2.45 (6H o z.)...... do...... 12.39 14.03 One-piece work suits...... -______4 17. Section 6.5 (b) (3) is revoked. 11. The second undesignated paragraph of section 6.2 (b) is deleted. 18. In the examples of labelling in sec­ 12. The table of “Retail Ceiling Prices” in section 6.2 (c) is amended to read as tion 6.5 (b) (5), the figures “ $2.08” and follows: “$1.14” are amended to read “ $2.58” and “ $1.30,” respectively. R etail.Ceiling P rices—M e n ’s B ib Overalls and Overall Jackets 19. In sub-paragraphs (2) and (3) of section 7.2 (a ), the figures “ $1.61,” [A jacket has the same maximum price as a bib overall of the same material] “$1.64,” “ $14.88” and “$15.13” are amended to read “$1.90,” “$1.93,” “$17.33” Sale by group I I retail . and “ $17.68,” respectively. Part 1 seller 20. Section 7.3 is amended to read as Weight in yards per pound Sale by follows: Fabric Finish and ounces per yard group I Part 2 Part 3 retail Sec. 7.3 Ceiling prices for sales by seller Bought from Bought at manufacturers of thirty yard minimum manufacturer wholesale boys’ bib overalls. ' Ceiling prices for sales by manufacturers of thirty yard 2.00 (8 oz.) .,...... Shrunk...... $2.01 $2.54 $2.58 minimum boys’ bib overalls shall be as 2.00 (8 oz.)...... Unshrunk:...... 1.93 2.44 2.49 2.20 (7)4 oz.).-...... Shrunk...... 1.90 2.40 2.45 follows: 2.20 (7i i oz.f___ -...... 1.82 2.31 2.35 m (1) (2) (3)

"M e n ’s W aistbaNd Overalls or D ungarees Sales to group I Sales to Location of seller’s place of retail group II business sellers and retail Denim...... 2.00 (8 ftz.l __ __ $1.43 $1,82 $1.84 to whole­ sellers 2.00 (8'oz.)...... 1.38 1.75 1.77 salers 2.20 (7)4 o z .)...... * 1.36 1.72 1.74 2.20 (7)4 oz.)...... 1.30 1.65 1.67 2.45 (61* oz.) . 1.23 1.57 1.^58 East and central region...... $15.14 $17.93 Mountain and Pacific region___ 15.49 18.28

13. The third undesignated paragraph of section 6.3 is dejeted. N ote: The Ceiling price of Na thirty yard minimum boys’ bib overall which is of substandard quality, i. e., 14. The table of “Wholesale Ceiling Prices” in section 6.3 is amended to read as a “ second” or “ imperfect,” is found by taking the ceiling price of a first quality garment found in the table above follows: and deducting 10%. FEDERAL REGISTER, Friday, A p ril 19, 1946 4329

All prices are f. o. b. seller's place of and filed with the Division of the Federal This amendment shall become effec­ business, net. 30 days. Manufacturers of Register. tive April 23, 1946. these garments must also observe the Section 1378.4 (e) is amended to read special quota, rule set forth in section 2.7. as follows: Issued this 18th day of April 1946. Sales by manufacturers to any person P a u l A. P o r t e r , (e) This Maximum Price Regulation who is not a wholesaler (as defined in Administrator. section 3.2) or a Group I or Group II Re­ 157 and the General Maximum Price Regulation shall not apply to: [P. R. Doc. 46-6559; Piled, Apr. 18, 1946; tail Seller must be made at prices listed 11:36 a. m .] in Column (2). (1) Any of the finished fabrics desig­ nated in Schedule A of Direction No. 11,. 21. In the third and fifth paragraphs issued March 17,1945 (amended July 14, of the notice in section 7.4 (a ), the figures 1945) by the War Production Board P a r t 1400— T e x t i l e F a b r ic s : C o t t o n , “$1.61,” “$1.64,” “ $14.88” and “ $15.13” are under its General Conservation Order amended to read' “$1.90,” “ $L9 3 ,” M-317 when sold and delivered to the W o o l , S i l k , S y n t h e t i c s a n d A d m i x ­ “$17.33,” and “$17.68,” respectively. War Department pursuant to prime con­ t u r e s 22. Paragraphs (b) and (c) of Appen­ tracts entered into on or after April 18, [M PR 118 », Amdt. 38] dix F are amended to read as follows: 1946. COTTON PRODUCTS (2) Grey goods sold and delivered pur­ (b) The seller should then divide the A statement of the considerations in­ total of these costs by the total number suant to contracts entered into on or after April 18, 1946, for use by prime volved in the issuance of this amend­ of garments in all the lots. ment has been issued simultaneously contractors in fulfilling contracts en­ (c) Finally, the seller should add to the herewith and filed with the Division of figure found in (b) an amount equal to tered into with the War Department call-' the Federal Register. ing for delivery of any of the finished the product obtained by multiplying that Maximum Price Regulation No. 118 is fabrics, or of moisture vapor-proof wrap­ amount by the percentage listed in Part A amended in the following respects: of Column 3 of the table in Appendix 3 ping material made in part of the mar­ 1. Section 1400.106 (b) (3) is amended for the body material of which the gar­ quisettes, designated in Schedule A of to read as follows: ment is made. The resulting figure is Direction No. 11, issued March 17, 1945 the “ average supplier’s price” for the , (amended July 14,1945) by the War Pro­ (3) Grey goods delivered pursuant to garment. duction Board under its General Con­ contracts entered into on or after April servation Order M-317. 18, 1946, for use by prime contractors in Example: X, a Group I retail seller, purchases men’s fulfilling contracts entered into with the 3.60 sanforized chambray shirts from the Y Manufac­ This amendment shall become effec­ turing Company, the Z Company, and the A Company, tive April 18, 1946. War Department calling for delivery of all bearing the same lot number. During the period any of the finished fabrics designated in January 1,1944 to June 30,1944, X received the following Issued this 18th'day of April 1946. shipments: -. Schedule A of Direction No. 11, issued P a u l A . P o r t e r , March 17, 1945 (amended July 14, 1945) Administrator. by the War Production Board under its (1) (2)- (3) Conservation Order M-317. « [F. R. Doc. 46-6560; Piled, Apr. 18, 1946; Lots of this gárment Net cost per 11:36 a. m .] -dozen on Total net 2. Section 1400.106 (b) (4) is amended received cost to read as follows : (dozen) each lot P a r t 1340—F u e l (4) Any of the finished fabrics desig­ 1 120 $8.50 $1,020.00 [RMPR 137, Arndt. 21] nated in Schediule A of Direction No. 11, 2._...... 60 8.62J$ 517.50 issued March 17,1945 (amended July 14, 3 ...... iff] 240 8.75 2, 100.00 PETROLEUM PRODUCTS SOLD AT RETAIL ESTAB­ 1945) by the War Production Board un­ LISHMENTS AND CERTAIN OTHER RETAIL 420 3,637.50 der its General Conservation Order M - SALES OF LIQUEFIED PETROLEUM GAS 317 when delivered to the War Depart­ Column (3) + column (1) - $8.66 per dozen. A statement of the considerations in­ ment pursuant to prime contracts en­ X then finds, In Part A, of Column 3 of Appendix B volved in the issuance of this amend­ tered into on or after April 18, 1946. that the adjustment applicable to 3.60 sanforized cham­ bray is 1.32. 1.32 X $8.66 equals $11.43. ment, issued simultaneously herewith, This amendment shall become effec­ Accordingly, X ’s “ average supplier’s price” for these has been filed with the Division of the tive April 18, 1946. shirts is $11.43"per dozen. Federal Register. Issued this 18th day of April 1946. This amendment shall become effec­ Revised Maximum Price Regulation tive April 17, 1946. No. 137 is amended in the following re­ P a u l A . P o r t e r , spects : Administrator. N o te : The reporting and record keeping [P . R. Doc. 46-6557; Piled, Apr. 18, 1946; requirements of this amendment have been 1. Section 9 (b) (2) is added to read 11:36 a., m .] approved by the Bureau of the Budget in as follows: accordance with the Federal Reports Act '(2) Aviation gasoline— (i) December of 1942. - 1941 may be used. Where a seller in the Issued this 17th day of April 1946. States of California, or Wash­ [8 0 131,a Am dt. 19] ington made no sales from a retail estab­ P a u l A . P o r t e r , lishment of aviation gasoline below 87 P a r t 1305— A dministration Administrator. octane ASTM in March, 1942, the sellers’ REVISED MAXIMUM PRICES FOR CERTAIN COT­ [P. R. Doc. 46-6527; Piled, Apr. .17, 1946; maximum price shall be the highest price TON TEXTILES 4:20 p. m.] charged to a purchaser of the same class by such seller at each retail establish­ A statement of the considerations in­ ment during December, 1941, for each volved in the issuance of this amendment P art 1378— C o m m o d it ie s o f M i l i t a r y grade of aviation gasoline below 87 oc­ has been issued simultaneously herewith S pecifications f o r W ar P r o c u r e m e n t tane ASTM plus or minus the increases and filed with the Division of, the Federal A g e n c ie s or reductions provided for in section 10. Register. (ii) Six cent margin. A seller of avia­ Supplementary Order No. 131 is 4M PR 157,1 Amdt. 20] tion gasoline of less than 87 octane ASTM amended in the following respect: SALES AND FABRICATION OF TEXTILES, APPAREL delivered into fuel tanks of aircraft at 1. The Table in section 3 (a) is AND RELATED ARTICLES FOR MILITARY PUR­ an airport in the States of California, amended to read as follows: POSES Oregon and Washington may, if he chooses, fix a maximum price for each A statement of the considerations in­ a 8 F.R. 12186, 12934; 9 P R . 401, 10088, grade of motor fuel by adding six cents volved in the issuance of this amendment 10925, 14211, 14383, 14676; 10 P.R. 705, 857, has been issued simultaneously herewith per gallon to the applicable maximum 1492, 2025, 3875, 8134, 10310, 14063, 15472. tank wagon price of the reference seller * 10 P.R. 11296, 11890, 12116, 13268, 13269, P.R. 11059; 1G P.R. 776, 1910, 2014, 6807, for the point where the retail establish­ 1,3812, 14504, 14657, 14779, 15004, 15383; 11 8919. ment (airport) is located. P.R. 532, 1771, 1888, 2635, 2973, 3599. 4330 FEDERAL REGISTER, Friday, April 19, 1946

Para­ Para­ graph in graph in Ref. sec. 4 of Section in RPS or M P R in Ref. Name of goods Name of goods sec. 4 of Section in RPS or M P R in No. S. 0 . 131 which covered No. S. 0 . 131 which covered- in which in which covered covered

Osnaburgs...... (t) RPS-35,1316.61 (b) (4) Table III. Print cloths; Class A, B and C (P) (q) RPS-35, 1316.61 (b) (4) table II Soft filled sheetings and head (g) M PR-118,1400.118 (d) (3). (except “ fancy draw” ): All MPR-118, 1400.118 (d) (23) (ii) linings; as follows or pro rata: constructions and widths. (a). 40 W 1.60-1.70 yd. 20 Buff cloth (except “ fancy (qq) MPR-118, 1400.101 (b).' 40W 2.25- 3.00 yd. draw” ); as follows or pro rata: 4m" 3.25- 4.18 yd. 40" 80 x 84 3.65 yd. 40 Y i‘ 4.80-5.50 yd. 40" 80 x 92 3.50 yd. 69" 1.65 yd. Bleached cheese cloth, bleached (s) MPR-118, 1400.118 (d) (17) (ii) and 64" 1.25 yd. sanitary napkin gauze and (iv). 71?- 1.12 yd. bunting. Class A sheetings; as follows or (f) (h) RPS-35,'1316.61 (b) (4) Table III. Certain bulk surgical dressings: (bb) MPR-188, 1499.166 (b) (17) (xi) (c) pro rata: MPR-118,1400.118 (d) (13) (iv) (a). Carded broadcloths (plain, not (P) RPS-35, 1316.61 (b) (4) table II. 36" 48 x 44 2.85 yd. including slubbed yarn); any 40" 48 x 44 2.85 yd. construction 80 to 136 «ley, 40" 48 x 44 2.50 yd. not in excess of 60 picks, Class B sheetings; as follows or (0 00 RPS-35.1316.61 (Kn4) Table III. woven from print cloth yarns prd rata: MPR-118,1400.118 (d) (13) (iv) (a). counting 44’s or less. 40" 48 x 40 3.25 yd. Carded poplins (plain, not in­ (P) RPS-35,1316.61 (b) (4) table II. 40" 48x40 3.75 yd. cluding slubbed yarn except 37" 48 x 44 4.00 yd. 3.75 yds. or heavier); any 40" 44 x 40 4.25 yd. construction 80 to 116 sley, 31" 48 x 44 5.00 yd. not in excess of 56 picks, Wide laundry cover clottwany (cc) MPR-118, 1400.118 (d) (15) (ii). woven from print cloth yarns construction 72" or wider of counting 44’s or less. more than 54 picks per inch. Three leaf twills (print cloth (P) RPS-35, 1316.61 (b) (4) table II. Class C sheetings; as follows or (f) 00 RPS-35, 1316.61 (b) (4) table III yarns); any construction or (qq) MPR-118,1400.118 (d) (11) (ii). pro rata: MPR-118, 1400.118 (d) (13) (iv) width. 36" 64 x 64 3150 yd. (a). JffOrk clothing denims, 28"-30" (m) RPS-35,1316,61-(b) (4) table IV. 60 x 52, 56 x 56 4.00 yd. (including solid color, stripes 48 x 40, 44 x 40 5.50 yd. and patterns made with 100% 44 x 40, 40 x 40 6.05 yd.. colored filling yam and h erring- 64 x^64 3.15 yd. bone . weave); as follows or 60 x 52, 56 x 56 3.60 yd. pro rata: 56 x 56 4.00 yd. M ill finish Sanforized 56 x 48 4.30 yd. 3.00 yd. 2.70 yd. 44 x 40, 36 x 40 6.50 yd. 2.45 yd. 2.20 yd. Class C sheetings; as follows or 00 MPR-118, 1400.118 (d) (13) (iv) 2. 20 yd. 8 oz. 42 inches and wider pro rata: (a). 8 oz. , 9oz. 60" 64 x 68 2.15 yd. Aoz. 10 oz. 60" 48 x 48 3.30 yd. 10 oz. 11 oz. 57" 56 x 56 4.10 yd. - Work shirt chambrays (fine (d) RPS-35,1316.61 (b) (4) table V. Meads cloth; as follows or pro (qq) MPR-118, 1400.118 (d) (18) ref 11 yam): table I 1400.118 (d) (18) ref 20A and 20B. M ill Finish Sanforized 40W' ' 74 x 86 2,80-2.90 yd. 3.90 yd. 3.60 yd. * Grey insulation tubings...... (v) MPR-118, 1400.Ü8 (d) (34) (i). 3.20 yd. 2.90 yd. 27" 68 x 72 3.37 yd. Work shirt coverts (fine yam): Cd) RPS-35,1316.61 (b) (4) table V. 27" 72 x 68 4.15 yd. Mill-Mnish Sanforized 3934" 68 x 72 2.35 yd. 3.9b yd. 3.60 yd. Carded poplins (sheeting yarn). (None) MPR-118, 1400.101 (b) (2). 3.20 yd. 2.90 yd. 76 to 110 sley. Work shirt coverts (coarseyam); RPS-35,1316.61 (b) (4) tabl^y. 36 to 60 picks. M ill Finish Sanforized , (d) Three leaf pocketing twills; as (P) RPS-35, 1316.61 0)) (4) table II. 3.20 yd. 2.90 yd. follows or pro rata: 38"-39" 30 Work pants coverts: (d) RPS-35,1316.61 (b) (4) table V. 2.58-3.35 yd. Sanforized Wide broken twills; as follows 00 MPR-118, 1400.118 (d) (13) (v). . 2.40 yd. or 42" and wider pro rata: 2.00 yd. 54" 1.14 yd. . 1.65 yd. 58" 1.06 yd. Whip cords: 36" 1.46 yd.- (e) (2) MPR-118, 1400.118 (d) (25) (iv). Soft filled twills; as follows or (0 00 RPS-35,. 1316.61 (b) (4) table I II 1.66 yd. sanforized. pro rata. MPR-118, 1400.118 (d) (13) (vi). 32 Work shirt flannels______(w) MPR-118,1400.118 (d) (2) (iii). 37" 80 x 40 2.00 yd. Drills; as follows or pro rata...... (f) RPS-35, 1316.61 (b) (4) table III. 30" 2.50-3.25 yd. Mill fin­ Sanfor­ Descrip­ 37" 2.35-3.00 yd. ish ized tion 32" 72 or 76 sley, 48 pick, 2.58 yd. Wide drills; as follows or 42" 00 MPR-118, 1400.118 (d) (13) (vi). 3.00 yd. 2.70 yd. P lain or wider pro rata: color. 59" 1.85 yd. 2.28 yd. 2.00 yd. P la in 59" 2.25 yd. color. 52" 2.20 yd. 3.50 yd. 3.15 yd. Plaids. Jeans; as follows or pro rata____ (0 RPS 35, 1316.61 (b) (4) table III. 3.00 yd. 2.70 yd. Plaids. 38"-39" 96x54 2.85 yd. 2.28 yd. 2.00 yd. Plaids. 32" 96 x 64 3.28 yd. 41" 84 or 86 sley, 56 pick 2.92 yd. 33 Glove and mitten flannels: 6, (w) MPR-118, 1400.118 (d) (2) (v). Warp sateens; as follows or pro (h) (i) MRP-118, 1400.118 (d) (13) -(vii) 8, 10 and 12 oz. pro rata to rata: 1400.118 (d) (4). 34", unbleached and colors 53" 1.12 yd. as specified in MPR-118, 53" 1.32 yd. 1400.118 (d) (2) (v). 54" 1.05 yd. Chafer Fabrics: Any construc- (z) (10) MPR-118, 1400.118 (d) (8) (x). 30ft" 2.25 yd. ion or width. 2.00 yd. Combed broadcloths; as fol­ (gg) M PR-11,1316.4 (d) Table I. Four leaf twills; as follows or pro (f) 00 RPS-35, 1316.61 (b) (4) table I II lows or pro rata: rata. MPR-118, 1400.118 (d) (13) (vi). 37" 136 x 60 37" 86 or 88 sley, 40-46 picks 37" 128 x 68 1.50-3.00 yd.

N ote: The expression “ pro rata” in connection.with any listed fabric refers to other widths of the same construction (i. e., other widths having the same thread count and the same ratio of weight to width as the listed fabric).

This amendment shall become effective P art 1352—F l o o r C o v e r in g s Maximum Price Regulation No. 65 is April 17, 1946. [MPR 65, Amdt. 4] amended in the following respect:

Issued this 17th day of April 1946. RESALE OF FLOOR COVERINGS 1. Section 1352.51d (f) is amended to read: P a u l A . P o r t e r , A statement of the considerations in­ Administrator. volved in the issuance of this amendment (f) The seller’s selling price for the ^as been issued simultaneously herewith, article not exceeding his maximum price [F. R. Doc. 46-6530; Filed, Apr. 17, 1946; ahd it has been filed with the Division of established under § 1352Ì51 of this reg­ 4:21 p. m.] the Federal Register. ulation. FEDERAL REGISTER, Friday, A p ril 19, 1946 4331

This amendment shall become effec­ (b) Prices lower than the maximum purchase described above, for himself or tive on April 17, 1946. prices may, of course, be charged and others, is subject to this regulation. The N o t e : The reporting provisions " o l th is paid. term “person” includes an individual, amendment have been approved by the corporation, partnership, association or S e c . 2. What .products are covered. Bureau of the Budget, in accordance with the any other organized group, their legal Federal Reports Act of 1942, as amended. This regulation covers all Western red cedar (Thuja plicata) lumber produced successors and representatives, the Issued this 17th day of April 1946. in those parts of Oregon, Washington, United States or any government or any and Canada lying west of the cre*t of the of their political subdivisions or any P aul A. P orter, agency of any of the foregoing. Administrator. Cascade Mountains, and in California and Alaska. Any such lumber produced ARTICLE II— MAXIMUM PRICES AND TERMS OF [F. R. Doc. 46-6526; Filed, Apr. 17, 1946; in these areas is covered, regardless of SALE 4:20 p. m.] the kind of mill or plant in which it is Sec. 5. Basic prices and cash dis­ produced, with the exception of mould­ count— (a) Basic prices. The maximum ings, railroad cross and switch ties, and prices f: o. b. mill are set forth in Article shingles. Mouldings are covered by Max­ V—Price Tables. P a r t 1381—S o f t w o o d L u m b e r imum Price Regulation 601—Softwood (b) Cash discounts. I f cash is paid Mouldings, ties by Maximum Price Regu­ [R M P R 402] the maximum price must be reduced by lation 556—^Western Railroad ties and the seller’s August 1941 cash discount. WESTERN red c e d a r l u m b e r Wooden Mine Material, and shingles by For example, if the August 1941 discount Revised Maximum Price Regulation Maximum Price Regulation 402 is re­ for cash was 2%, and the maximum price 164—Western Softwood Shingles. As to designated Revised Maximum Price Reg­ without discount accordirig to this reg­ other items, this regulation applies ulation 402 and is revised and amended ulation is $30.00, the maximum price whether the particular item is specifi­ to read as set forth below: when cash is pai$ is $29.40. A seller, not cally priced in the price tables or not. A statement of the considerations in­ in business in August, 1941, must allow S e c . 3. What transactions are cov­ volved in the issuance of this regulation 2% cash discount for payment within ered— (a) Direct-m ilt' shipments. The 10 days. has been issued simultaneously herewith maximum price for direct-mill ship­ and has been filed with the Division of Sec. 6. Direct-mill retail sales. An ments applies to all shipments, other the Federal Register. The standards addition of $3.50 per thousand board feet than those out of distribution yard stock, and specifications used in this regulation may be made on a sale of less than 18,000 no matter who the seller is, and no mat­ were, prior to such use, in general use in ft. BM (or less than carload if by rail), ter whether he usually is known as a' the Western red cedar lumber industry. to any buyer who does not purchase for mill, wholesaler, retailer, or anything ARTICLE I— SCOPE OF THE REGULATION resale, where the shipment originates at else. (The prices for yard sales may be a mill and the seller; Sec. found either in Maximum Price Regula­ (a) Sees that the lumber is delivered 1. Prices higher than ceiling prohibited. tion No. 215 or in the General Maximum 2. W hat products are coverfed. to the job side at such time and in such Price Regulation.) 3. What transactions are covered. manner as the buyer specifies; 4. What persons are covered. (b) How to tell a mill from a distribu­ (b) Gives the Jauyer the privilege of tion yard. The term “mill”, as used here, ARTICLE H— MAXIMUM PRICES AND TERMS OF SALE exchanging the lumber and returning covers what are known in the trade as unused material; and 5V Basic prices and cash discount. sawmills, planing mills, and concentra­ 6. Direct-mill retail sales. tion yards. Three types of establishment (c) Agrees to make good any shortage 6a. Distributors’ direct-mill sales. are described below: The first,* (1), a promptly from stocks kept on hand for 7. Sales on delivered basis. typical sawmill or planing mill; the sec­ this purpose. 8. Mixed car or mixed truck shipments. The size of the sale is determined by 9. Sales for export. ond, (2), a typical concentration yard; and the third, (3), a typical distribution the total quantity involved in the trans­ 10. Lumber produced in Canada. action without regard to whether it is 11. Maximum prices for Alaskan lumber. yard. An establishment which resembles 12. items, services, or extras not listed. (1) or (2) more than it does (3) is con­ broken up into smaller orders or de­ liveries. ARTICLE in — SPECIFIC DUTIES AND PRIVILEGES AND sidered a mill; and one which resembles * PROHIBITED PRACTICES (3) more than it does (1) or (2) is con­ Sec. 6a. Distributors’ direct-mill 13. Invoicing. sidered ^distribution yard. sales— (â) Definitions— (1) Direct mill 14. What records must be kept. (1) “ A typical sawmill or planing distributor. A direct-mill distributor is 15. Prohibited practices. mill”'is an establishment which is chiefly a person who has been registered and 16. Adjustable pricing. • y engaged in manufacturing West Coast assigned a registration number as re­ ARTICLE IV— MISCELLANEOUS species of lumber from logs or rough quired under paragraph (b) of this sec­ lumber by sawing or planing, and which tion, and who makes either a- wholesale- 17. Petitions for adjustment or amendment. is located in or near a lumber producing type or commission-typ sale of lumber 18. Enforcement. area; ' 19. Licensing. covered by the regulation. (2) “ A typical concentration yard” is (2) Wholesale-type sale. A wholesale- - ARTICLE V— PRICE TABLES AND GENERAL NOTES an establishment which concentrates and type sale is . a direct-mill sale in which ARTICLE VI— TABLES OF PERMITTED ESTIMATED prepares lumber for commercial ship­ the seller buys lumber ijrom a mill or WEIGHTS ment, which keeps in stock mostly West concentration yard or wholesaler and Coast species of lumber, which has its takes title to and delivers the lumber to A u t h o r it y s § 1381.551 issued under 56 Stat. lumber brought in chiefly in rough green the buyer in substantially the same form. 23,765; 57 Stat. 566; Pub. Law 383, 78th Cong.; form by truck from small local sawmills Pub. Law 108, 79th Cong.; E.O. 9250, 7 FJEt. (3) Commission-type sale. A com­ 7871; E.O. 9328, 8 F.R. 4681; E.O. 9599, 10 F.R. and sells chiefly for rail shipment, and mission-type sale is a direct-mill sale 1015; E.O. 9697, 11 F.R. 1929. which has been located at its particular through a commission-man. For pur­ site to be neat the lumber producing poses of this section, a commission-man ARTICLE I— SCOPE OF THE REGULATION area; is a person, who represents, and cus­ Section 1. Prices higher than ceiling (3) “A typical distribution yard” is a tomarily sells lumber in carload quan­ prohibited, (a) On 'and after April 22, „wholesale or retail lumber yard as de­ tities for, two or more independently 1946, regardless of any contract or other fined in 2d Revised Maximum Price owned mills or concentration yards, re­ obligation, no person shall sell or deliver, Regulation 215—Distribution Yard Sales ceives his compensation from the mills of Softwood Lumber. and no person shall buy or receive in the in the form of commission based on the course of. trade or business, any Western (c) No quantity limits. There are no - amount of the lumber sold, and operates red cedar lumber for direct-mill ship­ quantity limits on the transactions cov­ independently of both buyer and seller. ered by this regulation. All direct-mill ment at prices higher than the maximum (b) Application for and granting of prices fixed by this regulation, and no sales, large or small, are covered. registration as a direct-mill distributor— person shall agree, offer, or attempt to do Sec. 4. What persons are covered. (1) Application. All persons desiring to any of these things. Any person who makes the kind of sale or operate as direct-mill distributors must No. 77------2 4332 FEDERAL REGISTER, Friday, April 19, W46 apply to the Lumber Branch of the Office M ’BM, or, in the case of plastering or tor knows nr has reason to know that the of Price Administration, Washington 25, fence lath, or shingles, to the nearest 5 mill’s statement is false. D. C., for, and receive, a registration cents per 1,000 pieces. The mill must A “ control relationship” includes any number before charging or receiving the allow the direct-mill distributor making of the following relationships: additions provided in paragraph (c) of a commission-type sale a commission at (a) Profit sharing, direct or indirect. this section. Applications shall contain least equal to the excess over the basic This means a financial interest by a di­ all information relative to the applicant’s f. o. b. mill prices. For example, if the rect-mill distributor in the profits, connection^ with any saw *mills, concen­ maximum price for a particular item is return or realization of a mill or concen­ tration yards or other lumber producers $35.00 the mill ceiling on a commission- tration yard, or by a mill or concen­ which may have any bearing on the type sale made through a registered tration yard in the profits, return or question of “ control relationship” as de­ direct-mill distributor is $36.00 and the realization of a direct-mill distributor, scribed in paragraph (c) (5) of this sec­ mill must allow the distributor at least and includes common ownership or con­ tion, including specifically any financial $1.00. This mark-up applies only to car­ trol of a mill and direct-mill distributor interest, any arrangement for distribu^ load quantities if shipped by rail, except. by a third person. It also includes any tion of profits, any loan arrangements, that sales for resale purposes in less than arrangement whereby a distributor or family relationship by blood or mar­ carload quantities may carry a direct- producer shares in the profits of' the riage, past employer-employee relation­ mill distributors’ mark-up when shipped other, whether such arrangement is ship, and any other direct or indirect in a pool carload; or to quantities of 5 written or oral, direct, or indirect. It beneficial interest between the applicant M ’BM or more if shipped by truck or does not include such interest as arises and such other operation. water. from a genuine indebtedness of such dis­ (2) Registration. Upon the filing of an (3) M ill’s price or realization on com­ tributor or producer to the other where application as set forth in (b) (1) of this mission type sales. This section in­ the obligation of the debtor is limited in section, the Office of Price Administra­ creases maximum prices only on sales by amount to repayment of the loan plus a tion shall issue an order registering the direct-mill distributors. The mill’s rate of interest no greater than the maxi­ applicant as a direct^mill distributor. price, or realization after deducting a mum legal rate of interest in the State The issuance of an order of registration commission of at least 3 percent may where the loan is made, or no greater is proof merely that an application has never be higher than the basic mill prices than 6%, if no maximum rate .is pre­ been filed, but does not constitute a find­ established in this regulation. The mill, scribed. ing by the Office of the existence or non­ of course, may sell at a price at which it Where a mill or concentration *yard is existence of a “ control relationship” with will realize less than its regular ceiling. a corporation, stock ownership of 10 per­ a mill. Paragraph (b) (5) sets forth (4) Pyramiding prohibited. The price cent or less of the total outstanding stock when an addition may not be made by' additions permitted in this section may issue by a direct-mail distributor is not a a direct-mill distributor, even though not be made more than once to the basic ‘.‘control relationship.” registered. f . o. b. mill price in the regulation regard­ (It is to be noted that the section of the (3) Distribution yards. Distribution less of the number of persons participat­ regulation which makes it unlawful to yards subject to Second Revised Maxi­ ing in the transaction. For example: if pay or receive any purchasing commis­ mum Price Regulation 215 do not have to direct-mill distributor making a “ com­ sion or other cdmpensation over the per­ be registered and may charge the mark­ mission-type” sale sells a car of $30.00 missible maximum prices, remains in ef­ up or receive the commission permissible lumber to a yard which, in turn, sells for fect. In this connection, the granting of on direct-mill distributors’ ' sales when direct-mill shipment to a consumer, the a loan on unusually low rates of interest, making a direct-mill sale,’ subject how­ mill’s ceiling price on the sale through or in any other unusually favorable ever to all the conditions and limitations the distributor is $31.00 (3 percent addi­ terms, Would ordinarily constitute ad­ set forth in paragraph (c) of this section tion) and the yard’s ceiling price to the ditional compensation in violation of such on a sale by a registered direct-mill dis­ consumer is $31.50 (5 percent addition). prohibition.) tributor. Note that the yard cannot add its 5 (b) Family relationship. A family re­ (c) Direct-mill distributors’ addi­ percent either to the $31.00 on a pur­ lationship exists if an owner or any part tions— (1) Wholesale type sales. Except chase through a direct-mill distributor owner of a mill or concentration yard, or as specified in subparagraph (5) of this making a commission-type sale, or to any member of his family, has any in­ paragraph registered direct-mill distrib­ $31.50 if the purchase was from a direct- terest in a direct-mill distributor, (or face utors may add 5 percent to the basic mill distributor making a “wholesale versa) and such interest was acquired f. o. b. mill prices established in or ap­ type” sale.. In both cases, the 5 percent on or after January 1,1942. Member of a proved under this regulation on whole­ may be added only to the basic f. o. b. family means any person related to an. sale type direct-mill sales of lumber mill price of $30.00. individual or his spouse by blood or mar­ covered by the regulation. The distrib­ (5) When additions m ayjiot be made riage within the fifth degree. utor’s addition must be evened out to the by registered direct-mill distributors. * (c) Past employer-employee relation­ nearest quarter dollar per M ’BM, or, in (i) On any sale for which the invoice ships which were terminated after De­ the case of plastering or fence lath, or from the mill or concentration yard does cember 31, 1945. shingles, to the nearest 5 cents per 1,000 not contain the statement, “This mill has (d) Report of changes. Where a di­ pieces. For example, if the maximum no control relationship with any direct- rect-mill distributor has made an appli­ price for a particular item is $32.00 f . o. b. mill distributor.” cation for registration and any of the mill, the ceiling price for a wholesale- (ii) On any sale which carries an ad­ facts set forth in the application, have type sale is $33.50. This mark-up applies dition for a direct-mill retail type sale. changed, or new facts have arisen since only to carload quantities if shipped by (iii) On any sale of less than carload the filing of the application, having any rail, except that sales for resale purposes quantity when shipped by rail, except bearing on the question of “ control rela­ in less than carload quantities may carry that sales for resale purposes in less than tionship,” either before or after registra­ a direct-mill distributor’s mark-up when carload quantities may carry a direct- tion has been granted, he shall file a shipped in a pool carload; or to quantities mill distributors mark-up When shipped written report of such change or addition of 5 M ’BM or more if shipped by truck in a pool carload; or of less than 5 with the Lumber Branch of the" Office of or water. M ’BM when shipped by truck or water. Price Administriation, Washington 25, (2) Commission-type sales. Except (iv) On any sale of lumber which orig­ D. C., within 10 days after such a change. as specified in subparagraph (5) of this inates from a mill or concentration yard Reports shall be deemed filed on the date paragraph, the f. o. b. mill maximum which has a control relationship with a received, or, if sent by , on price on commission type direct-mill the date of mailing. direct-mill distributor. However, where sales of lumber covered by this regula­ (e) Suspension of licenses. Any per­ tion and made through a registered a sale is made to or through a direct-mill son making a sale under this regulation direct-mill distributor is 3 percent higher distributor under this section, and the is subject to the provisions of Licensing than the basic f. o. b. mill prices estab­ invoice rendered by the mill contains the Order No. 1. A violation of any provision lished in or approved under this regula­ statement referred to in subdivision (i) of this regulation is a violation of the tion. The f. o. b. mill price including the of this paragraph, the direct-mill distrib­ seller’s license. Violations of the license distributor’s commission must be evened utor may legally make the mark-up or or of this regulation may result in sus­ out to the nearest quarter dollar per addition unless the direct-mill distribu­ pension of the license in accordance with FEDERAL REGISTER, Friday, A p ril 19, 1946 ♦ • 4333 the provisions of the Emergency Price rail connection has been abandoned Sec. 11. Maximum prices for Alaskan Control Act of 1942, as amended. since September 5, 1941, and it has no lumber— (a) The maximum prices f. o. b. (f) Distributors’ invoicing require­ comparable rail shipping point. mill for shipments originating in Alaska ments. The invoice on any distributors’ The application should be made by shall be the maximum f. o. b. mill prices direct-mill sale must be plainly marked letter to the Lumber Branch of the Office set forth in Article V plus an amount “wholesaler’s direct-mill sale” , or "com­ of Price Administration, Washington, equal to freight under the Maritime mission-man’s direct-mill sale” , or “ diSr D. C. The addition may not be made on Commission’s published freight rate from tribution yard’s direct-mill sale” , as the quotations or sales until permission has Seattle, Washington, to the mill’s ship­ case may be, and must show the name been received. ping point, including surcharges, War of the direbt-mili distributor and his (e) Truck delivery after rail haul. Risk insurance, and wharfage and han­ registration number. When truck delivery to yard or job site dling charges under the published Seattle follows a rail haul, and is specified in the Wharfage and Handling rate for com­ Sec. 7. Sales on delivered basis— (a) order, the actual cost of truck delivery parable lumber. Rail charges. (1) Only two methods of may be added. This may include the (b) The maximum delivered prices for selling are recognized by this regulation. actual cost of handling and reloading in­ shipments originating in Alaska shall Any other method is prohibited, as a volved in transfer from rail cars to be the maximum price arrived at ac­ device to evade the ceiling by manipula­ trucks. cording to paragraph (a) plus transpor­ tion of freight. ( f ) All-truck haul. When an all­ tation charges permitted by section 7. The two permitted methods are: on a truck haul ends in delivery-to the job delivered basis using the estimated , Sec. 12. Items, services, or extras not site, no special addition may be made weights in Article VI, or on an f. o. b. listed, (a) If a seller wishes to sell an above the charges provided in para­ mill basis with actual freight (figured, item which is not specifically priced in graphs (b) and (c) of this section. of course, on actual weights) to be paid the price tables, or wishes to make an (g) Government bill of lading. Where by the purchaser. addition, for special workings, specifica­ The two methods may not be combined shipment is made on government bill of tions, services, or other extras for which jn a single transaction; that is, a seller lading, the maximum price payable to additions are not specifically permitted, the seller may be computed by determin­ may not sell on a basis which gives him he must apply to the Lumber Branch, ing what would be the maximum deliv­ the benefit of favorable estimated Office of Price Administration, Washing­ ered price on the basis of estimated weights but require the use of actual ton, D. C., for a maximum price. He weights and commercial rates and sub­ weights on items where estimated must provide the following information: tracting therefrom the commercial rate weights would be unfavorable to him. . (1) The requested price; times the actual weights. Note that sales described as “ ceiling de­ (2) A complete description of the item livered”, or as f. o. b. mill with freight S e c .’8. Mixed car or mixed truck ship­ to be priced; paid or included to a given destination, ments. (a) $2.00 per MBM additional (3) The price differential between it are to be treated as sales on a delivered may be charged for a mixed car or mixed and the most comparable item in the basis. In such cases, the given estimated truck shipment. No addition may be price tables, between October 1,1941 and weights must be used. However, sales made for a mixed cargo shipment with­ June 1, 1942, from the seller’s own rec­ f. o. b. mill with seller to pay the freight out special authorization under section ords, or if that is impossible, from the to a stated destination and include it in 12. experience of the trade. I f no estab­ his invoice to the buyer is a sale on an (b) A mixed car shipment consists of lished price differential which can be f. o. b. mill basis and settlement on the four or more items as defined in para­ used for comparison existed, a detailed basis of the actual weights must be made. graph (c) below, of at least 1000 board analysis of the calculation of the price (2) The estimated green weights may feet each. A mixed truck shipment con­ should be furnished; be used only when green lumber is actu­ sists of four or more items of at least (4) Applications under this section ally specified and shipped. 250 board feet each. will be considered only when accom­ (3) The transportation charge, when (c) For the purpose of paragraph (b) panied by a true copy of an order or of estimated weights are used, must be the following classifications of lumber re­ a customer’s inquiry which forms the evened out to the nearest qUarter-dollar gardless of species, whether covered by basis of the application, and a written per 1,000 feet board measure or surface this or other price regulations, constitute statement by the purchaser showing measure, as the case may be. separate items whether one or all classi­ that none of the items specifically priced (b) Cbmmon or contract carrier (other fications within a group are loaded. in the regulation will serve the purpose than rail). Where transportation is by 1. Boards and strips (any working not for which the stock is to be used, and common or contract carrier (other than listed below), dimension, plank, timbers and that it has been his custom to purchase rail) the only rule is that actual cost of box. lumber on these special specifications. transportation may be added to the 2. Flooring; (b) As soon as the request has been f. o. b. mill ceiling. 3. Siding. filed, quotations and deliveries may be (c) Private truck. When shipment is 4. Ceiling, partition. 5. Finish, thick clears, shop. made at the requested price, but the by truck owned or controlled by the 6. Lath, shingle Band sticks (12 M pieces same shall be subject to approval by the seller, the following amounts may be min. truck or car j. - Office of Price Administration and pay­ added for transportation: For distances 7. Gutter. ment may not be made until the price up to and including 10 miles, $1.50 per 8. Casing and base, Mouldings, Battens, has been approved. M'; over 10 and up to and including 20 Lattice. miles, $2.00 per M '; and over 20 and up to 9. Shingles, shakes, stained or natural, any ARTICLE i n — SPECIFIC DUTIES AND PRIVILEGES and including 30 miles, $2.50 per M'. species (20 squarés minimum truck or car). AND PROHIBITED PRACTICES 10. Downspout, capping, grooved roofing. Where the distance is greater than 30 Sec. 13. Invoicing. An invoice must be miles, the seller may charge the amount S e c . 9. Sales for export. The maxi­ rendered in all sales as follows: of the railroad charge at the carload rate mum prices for export sales of Western (a) Basic price. All invoices must con­ for the most similar haul or $3.00 per M', red cedar lumber are governed by the tain a complete description of the lumber whichever is greater. Distance as used in Second Revised Maximum Export Price to show whether the price is proper or this paragraph', means the distance from Regulation. the mill to the point of destination as not. Any working, specification, or extra measured by the speedometer. No addi­ S e c . 10. Lumber produced in Canada. which affects the maximum price must tion may be made for the return trip. The maximum prices for lumber pro­ be mentioned in the description. The duced in Canada west of the crest of the amount added for these does not have to (d) Trucking to rail shipping point. Cascade Mountains and sold in the When a truck haul precedes rail ship­ be separately shown. United States shall be the maximum When an invoice does not contain á ment, as when a mill located away from prices f. o. b. mill set forth in the Article a railhead hauls lumber by truck to the V plus additions for transportation per­ complete description of an item shipped, railroad, no addition may be made fo r mitted by section 7. However, the the maximum price which may be the truck haul. However, a, mill may amount of the transportation addition charged or paid for that item is that of apply for special permission to make an may not be greater than if the shipjnent the lowest priced item to which the in­ addition for a prerail truck haul where its had originated at Seattle, Washington. complete description could be applied, or 4334 FEDERAL REGISTER, Friday, April 19, 1946

$18.00 per M'BM if the invoice does not leges, tying agreements, trade under­ rectly on the basis of the quantity, price, contain any description. standings and the like. or value of the lumber in connection (b) Transportation charges. In deliv- (b) Specific practices. The following with which the service is performed. ered-Sales, the invoice must contain the: are some of the specific practices pro­ This prohibition has no application to (1) Point of origin of shipment; hibited : the case of a bona fide employer-em­ (2) Destination; (I) Getting the effect of a higher ployee relationship where the employee (3) Rail rate (if estimated weights are price by changing credit practices from serves only one employer insofar as lum­ used; otherwise the actual amount for what they were in August 1941. This ber proceurement is concerned, and transportation) ; and in the case of the includes decreasing credit periods or where the compensation paid by the em­ sales of imported lumber, £he method of making greater charges for extension of ployer is a fixed salary and'is not based calculation of the freight addition; credit. directly or indirectly on the quantity, (4) The words “ direct-mill shipment.” . (2) Refusing to ship except in speci­ price or value of the lumber in connection (c) Delivery and related charges. Any fied or restricted random lengths, or in with which the serviçe is rendered. separate charge which the seller is per­ mixed cars, or under other circumstances (d) Combination grades. Lumber sold mitted to make for truck delivery after which bring the seller an extra return. on combination grades may not be Sold rail haul must be separately shown*on (3) Selling as specified lengths or above the maximum price for the lowest the invoice. widths, a specific lot or shipment of lum­ priced grade actually named in the com­ (d) Direct-mill retail sale. If the price ber which is substantially equivalent to bination. For example, the maximum exceeds the basic mill price because of a random lengths or widths, or reselling price for lumber sold as No. 2 and better is “ direct-mill retail sale” mark-up author­ intact as specified lengths or widths a the maximum price fixed for No. 2. It is ized in this regulation, the invoice should specific lot .or shipment bought by the permissible to quote with higher and/or show the amount of the mark-up sepa­ seller as standard or random lengths or lower grades developing, but when the rately labeled “direct-mill retail sale.” widths, unless specifically permitted in lumber is shipped, the quantities falling (e) Statements as to “control rela­ the price tables. This prohibition shall in each grade must be tallied separately tionship.” A mill or concentration yard not apply to shipments or deliveries on a board foot basis, separately identi­ must make either one of the following which have been sorted out as to widths fied by grade and separately invoiced at two statements on all invoices issued by and lengths and then resold. prices not in excess of ceiling prices for it, whichever statement is applicable: (4) Grading*as a special grade lumber the respective grades. which can be graded as a standard (1) This, mill has no “ control rela­ grade; or wrongly or falsely grading or S ec. 16. Adjustable pricing. Any per­ tionship” with any direct-mill distribu­ invoicing lumber. son may agree to sell at a price which can tor. (5) Making additions for speciaj spec­ be increased up to the maximum price (2) This mill has a “control relation­ ifications, services, or other extras which in effect at the time of delivery; but no ship” with a direct-mill distributor. are not specifically permitted. person may, unless authorized by the If a mill or concentration yard makes (6) , Refusing to sell on an f. o. b. millOffice of Price Administration, deliver or a statement on an invoice that it has no basis, and insisting On selling on a de­ agree to deliver at prices to be adjusted control relationship with a direct-mill livered basis. upward in accordance with action taken distributor, and such statement is false, (7) Failing to invoice properly and in by the Office of Price Administration the maximum prices at which the lum­ accordance with the requirements of after delivery. Such authorization may ber, covered by such invoice, may be sold this regulation. - be given when a request for a change in by it, is 5% less than the f. o. b. mill (8) Unnecessarily routing lumber the applicable maximum price is pending, prices set forth in the price tables. How­ through a distribution ya*rd. but only if the authorization is necessary ever, the direct-mill distributor who (9) Quoting a gross price above the to promote distribution or production makes the addition or mark up under this maximum price, even if accompanied by and if it will not interfere with the pur­ section shall not be considered as buy­ a discount the effect of which is to bring poses of the Emergency Price Control ing or selling above the ceiling prices the net price below the. maximum. Act of 1942, as amended. Thé authoriza­ where the mill’s invoice bears a state­ (10) Making additions for kiln-drying tion may be given by the Administrator ment that it “has no control relation­ or other services, treatments, or specifi­ or by any official of the Office of Price ship with any direct-mill distributor” cations unless they are expressly ordered Administration to whom the authority to even though the mill’s statement is false, by the buyer. grant such authorization has been dele­ unless the direct-mill distributor knows, ( I I ) Making the buyer take something gated. The authorization will be given or has reason to know, that such state­ he does not want in order to get what he by order, except that it may be given by ment is false. does want; for example, making a buyer letter or telegram when the contem­ who orders No. 2 boards take all the up­ plated revision will be the granting of an S ec. 14. What records must be kept. per grades that develop. individual application for adjustment. (a> All sellers and buyers of Western red (12) Breaking up an order or appor­ cedar lumber must keep for inspection ARTICLE IV— MISCELLANEOUS tioning deliveries in order to get the by the Office of Price Administration rec­ $3.50 direct-mill retail sale addition. Sec. 17. Petitions for amendments and ords which will show a complete descrip­ (13) Applying additions permitted by applications for adjustment.— (a) Peti­ tion of th,e items of lumber sold (i. e., tions for amendment. Any person seek­ grade, Condition of dressing, quantity, the footnotes to the tables in Article V unless the order in writing expressly re­ ing an amendment of any provision of etc.,) thé name and address of the other this regulation may file a petition for party to the transactions, the date of quires the working, grade, size, length, or condition for which the additions are amendment in accordance with the pro­ sale and the price for each item. visions of Revised Procedural Regulation (b) Such records must be retained for permitted. (c) Adding commission to ceiling pro­ No. 1 issued by the Office of Price Ad­ the duration of the Emergency Price ministration. Control Act, as amended. hibited. It is unla'wful for any person to charge, receive, or pay a commission (b) Applications for adjustment— (1) Sec. 15. Prohibited practices.— (a) for the service of procuring, buying, sell­ Who may apply. Any producer of lum­ General. Any practice which is a device ing, or locating lumber, or for any re­ ber, the major part of whose total pro­ to get the effect of a higher-than-ceiling lated service (such as “expediting” ) duction in 1945 was Red Cedar lumber price without actually raising the dol- which does not involve physical handling subject to this regulation may apply for lars-and-cents price is as much a viola­ of lumber, if the commission plus the adjustment if he can show that: tion of this regulation as an outright purchase price results in a total payment (i) Increased, costs result in hardship over-ceiling price. This applies to by the buyer of lumber which is higher which will impede his production of changes in credit practices and cash dis­ than the maximum price of the lumber. Western Red Cedar lumber and that counts and to devices making use of com­ For purposes of this .regulation, a com­ (ii) His existing maximum price is less- missions, services, transportation ar­ mission is any service charge or payment than manufacturing costs if his current rangements, premiums, special privi­ which is figured either directly or indi­ over-all profits are favorable in relation s

FEDERAL REGISTER, Friday, April 19, 1946 4335

to those of a representative peace-time their contracting or paying finance of­ Miscellaneous—Continued. 6. Deduct $1.00 for orders totaling 35M' or more in one period; or that his existing maximum ficers are not subject to any liability, civil shipment of items listed in tables 1,2 and/or 3; except price is less than total costs if his current or criminal, imposed by this regulation. on shipments where orders specify separated lots, and where a lot contains less than 35M', the deduc­ over-all profits are comparable to his Persons who make sales covered by this tion does-not apply on the less-than-35M' lots. over-all profits for a representative regulation to war procurement agencies peace-time period; or that his existing and buyers to whom lumber has been T able 2—Bungalow Siding maximum price does,not afford a reason­ allocated by any such agencies are, how­ Regular loading, dry, able profit if current over-all profits are ever, subject to all the liabilities imposed Clear A B O bundled, per M 'B M unfavorable compared to those in a rep­ by this regulation. “War procurement resentative peace-time period. agencies” include the War Department, y x 8"—6' to 16' or 20' R/L, (2) Factors Which may also be con­ the Navy Department, the United States N. B ...... $76.00 $74.00 $59.00 sidered. - The following factors are rele­ Maritime Commission and the Lend- i/i" x 8" —3' to 7', 0. B ______52.00 48.00 38.00 94" x 8" —3' to 5', O. B ______47.00 43.00 33.00 vant to the consideration of whether Lease Section in the Procurement Divi­ y x 8" —3' tó 16' or 20' R/L, maximum prices are at such a level that sion of the Treasury Department, or any O. B______$31.00 production or supply of Western Red of their agencies. y X 10"—6' to 16' or 20' R/L, N . B ...... i...... 80.00 78.00 69.00 Cedar lumber is impeded or threatened: Sec. 19. Licensing.• The provisions of y x 10"—3' to 7', O. B...... 59.00 57.00 61.00 (i) Whether greater efficiency in pro­ y x 10"—3' to 5', O. B ...... 54.00 52.00 46.00 Licensing Order No. 1 licensing all per­ 94" x 10"—3' to 16' or 20' R/L, ■ duction or merchandising, can reason­ sons who make sales under price control, O.B ______31.00 ably be expected so that an adjustment y x 12"—6' to 16' or 20' R/L, are applicable to all sellers subject to this would not be necessary. N . B ______82.00 80.00 ’ 70 00 regulation. A seller’s license may be sus­ y x 12"—3' to 16' or 20' R/L, (ii) Whether the seller previously sold O. B__...... 32.00 pended for violations of the license or of Western Red Cedar lumber at a price y x 12"—3' to 7' O. B_____ 61.00 59.00 52.00 one or more applicable price schedules or y x 12"—3' to 5' O. B_„___ 56.00 54.00 47.00 which was below his total unit costs. regulations. A person whose license is (3) Form and contents of application. suspended may not, during the period of Additions and deductions per 1,000 feet board measure. The application shall be filed with the (See sec. 15 (b) (13).) Lumber Branch, Office of Price Adminis­ suspension, make any sale for which his license has been suspended. Lengths: tration, Washington 25, D. C. and must 1. Specified lengths add $1.50. contain : 2. Random lengths as set forth in Standard Grading ARTICLE V— PRICE TABLES AND GENERAL NOTES and Dressing Rules No. 12, paragraph 734. (i) Profit and loss statements, in the Working charges: detail normally prepared by the appli­ . The maximum prices for Western Red Cedar Lumber, 3. Rabbeted siding add $2.50. J f. o. b. mil], for one thousand feet board measure or other Miscellaneous: cant, covering the company’s entire op­ measure where so designated, shall be as follows: 4. For old bundling where new bundling specified add erations for the years 1936 through. 1939, $2.00, the usual perceritage of short lengths to be T ab le l—B evel Siding included. the last calendar or fiscal year preceding 5. Deduct $1.00 for orders totaling 35M' or more in one the filing of the application, the last shipment of items listed in tables 1,2 and/or 3; except No. 3 on shipments where orders specify separated lots, quarter of such calendar or fiscal year com­ and where a lot contains less than 35M', the deduc­ Regular loading, dry mon and the available interim periods for the Clear A B C tion does not apply on the less-than-35M' lots. 1 bundled per M 'Ë M re­ current calendar or fiscal year. rout­ T able 3—Special Siding The filing of these data is optional, ing provided reports are available from the Regular loading, dry, bun- Clear Nod Bureau of Internal Revenue. Should the y2" x 4"—6' to Iß' or died, mixed grain, per B O knot- 20' R/L, N. B ...... $36.00 $33.00 $27.00 M ’bm ty applicant prefer, this information will yj> x 4"—6' and 7', be requested by the Office of Price Ad­ O. B ...... —. 24.50 23. «1 20.50 ministration directly from the Bureau of y " X 4"—4' and 5', y x 6"—3' to 16' or 20' R/L, O. B ...... 21.60 19. SO 17.50 O. B. Sq. Edge...... $58.00 $52.00 $28.00 Internal Revenue. y>> x 4"—3' and 3W, 94" x 4"—6' to 16' or 20' R/L, , (ii) Operating statements for Western O.Ë— ...... - 17.00 14.00 13.00 N . B ...... 45.00 35.00 20.00 $27.00 y x 4"—3' to 16' or 94" x 6"—6' to 16' or 20' R/L, Red Cedar lumber, for the last calendar 20' R/L, N. B ...... $18.00 N . B —...... -...... 58.00 54.00 30.00 35.00 or fiscal year preceding the filing of the y x 4"—3' to 16' or 94" x 8"—6' to 16' or 20' R/L, 28' R/L, O. B ...... $13.00 smooth sawn, N B ______57.00 37.00 application, the last quarter of such cal­ y¿' x 5"—6' to 16' or 94" x 10"—6' to 16' or 20' R/L, endar or fiscal year and the available in­ 20' R/L, N . B...... 37.00 32.00 27.00 smooth sawn, N. B ...... 62.00 37.00 terim periods for the current calendar y x 6"—6' and 7', 1" x 10"—6' to 16' or 20' R/L, O. B _ . . „ — ...... 29.00 23.00 20.50 smooth sawn, N. B ______40.00 or fiscal year. y2" X 5"—4' and 6', 94" x 10"—6' to 16' or 20' R/L, (iii) A tabulation .showing the pro­ Ó. B ...... 27.00 20.00 17.50 wavy edge, smooth sawn, y x 5"—3' and 3y ¡, N . B._...... 67.00 42.00 duction of Western Red Cedar lumber for O. B ...... 17.00 16.00 14.00 94" x 12"—6' to 16' or 20' R/L, the last calendar or fiscal year preceding y x 5"—3' to 16' or wavy edge, smooth sawn, the filing of the application, the last 20' R/L, N . B ...... 18.00 N . B ...... 69.00 42.00 y x 6"—6' to 16' or 1 x 4" R/L 3' to 16' or 20' quarter of such calendar or fiscal year 20' R/L, N . B ______49.00 47.00 41.00 O. B., S3S...... 40.00 33.00 19.00 and the available interim periods for the y2" x 6"*—6' and 7', 9}4a" x 6" R/L 3 'to 16' or 20' O. B ...... 36.00 32.00 26.00 16.00 O. B., S 3 S ...... 54.00 47.00 25.00 current calendar or fiscal year.' K " x 6" —4f and S', l y ,i" x 8" R/L 3' to 16' or 20' Companies which have previously sub­ O. B ...;...... 32.00 28.00 23.00 15.00 O. B., S3S...... 66.00 54.00 25.00 mitted any of the above required data y x 6" —3' and ZWt 1^ 2" x 10" R/L 3' to 16' or 20' Ö. B ...... 28.00 26.00 21.00 14»00 O. B., S3S______: ...... 66.00 54.00 25.00 may omit such items from the data sub­ y¿" x 6" —3' to 16' or x 4" R/L 3' to 16' or 20' mitted with their applications and in­ 20' R/L, N . B...... 23.00 O. B „ S3S...... 48.00 41.00 25.00 — y x 6" —3' to 16' or 19^2" x 6" R/L 3' to 16' or 20' dicate when they were submitted. 207 R/L, O. B ______14.00 O. B., S3S...... 63.00 54.00 28.00 If any of the above information has y x 8" and 10" —6' to 19^2" x 8" R/L 3' to 16' or 20' 16' or 20' R/L, N . B. 63.00 62.00 50.00 O. B., S3S..y______81.00 64.00 31.00 been submitted prior to application on y2"'x 8" and 10" —6' 19$2" x 10" R/L 3' to 16' or 20' OPA forms A & B for any of the specified and 7', O. B ...... 39.00 38.00 34.00 20.00 O. B., S3S...... 84.00 74.00 31.00 periods or if the exact information re­ y2" x 8" and 10" —4' and S', O. B ^ ...... 36.00 35.00 31.00 19.00 Additions and deductions per 1,000 feet board measure. quired in this section has been reported y2" x 8" and 10" —3' (See sec. 15 (b) (13).) as part of a prior application for adjust­ and 3Y¿, O. B ______26.00 25.00 22. 18.00 y¿' x 8" and 10"—3' to Grain: ment of a maximum price, the applicant 16' or 20' R/L, N . B . 25.00 1. For vertical grain clear A grade add $2.00. may so indicate and omit these periods Lengths: 2. Specified lengths add $1.50. from the current application. Additions and deductions per 1,000 feet board measure. 3. Random lengths as set 'forth in Standard Grading (See sec. 15 (b) (13).) and Dressing Rules No. 12, paragraph 734. S ec . 18. Enforcement, (a) Persons W orking-charges: violating any provisions of this regula­ Lengths: 4. Rabbeted siding add $2.50. 1. Specified lengths, add $3.00. Miscellaneous: . , tion are subject to the criminal penalties, 2. Random lengths as set forth in Standard Grading 5. For old bundling where new bundling specified add civil enforcement actions, suits for treble and Dressing Rules No. 12, paragraph 734. $2.00, the usual percentage of short lengths to be Working charges: included. damages, and proceedings for suspension 3. Rabbeted siding, add $2.50. 6. Deduct $1.00 on orders totaling 35M' or more in one of license provided for by the Emergency Miscellaneous: shipment of items listed in tables 1, 2 and/or 3; Price Control Act of 1942, as amended. 4. For old bundling where new bundling specified, add except on shipments where orders specify separated $2.00, the usual percentage of short lengths to be lots, and where a lot contains less than 35M', the (b) War procurement agencies and included. deduction does not apply on the less-than-35M' lots. 4336 FEDERAL REGISTER, Friday, April 19, 1946

T able 4—D rop Siding and R ustic Grain: , _ - Lengths—Continued 1. Specified grain add to mixed grain same size and 3. Aecummulated shorts deduct from the R/L price grade: of the same size and grade: Regular loading, R/L 4' to 16' or B and 14" to 18" widths...... $15.00 1' to 2)4'-2" to 6" widths...... ______$30.00 20' dry, bundled,mixed grain, per bet­ c D , 20" to 24" widths...... 20.00 1' to 2)4'-8" to 12" widths. .1______35.00 M'BM ter Lengths: > 1' to 2)4'-14" and wider______45.00 3' to 5'-2" to 6" widths...______15.00 2. Regular loading: 5% 6' and/or 7'; 95% 8' to 16' or longer. 3' to 5'-8" to 12" widths______20.00 1 x 4" patterns 120 and 122______$45.00 $43.00 $32.00 3' to 5'-14" and wider..______25.00 1 x 6" patterns 105 and 106 .. .___ 70.00 67.00 47.00 3. Accumulated shorts deduct from the R/L price of 1 x 6" patterns 115 and 117...... 70.00 67.00 47.00 the same size and grade: 4. Specified lengths-add to the R/L price of the same size and grade: 1 x 6" pattern 116______70.00 67.00 47.00 .•1' to 2}$'—2" to 6" widths...... $30.00 1 x 8" patterns 105,106, 116...... 80.00 77.00 57.00 1' to 2)$'—8" to 12" widths...... 35.00 6 'to 15'...... $5.00 1 x 10" patterns 105,106,116...... 85.00 82.00 62.00 1' to 2)4'—14" and wider______45.00 16' to 20'...... 10.00 1 x 12" patterns 105,106,116...... 90.00 87.00 67.00 3' to 5'—2" to 6" widths______.. . 20.00 21'to 24'— _...... 15.00 3' to 5'—8" to 12" widths...... 25.00 25'to 32'...... 25.00 3' to 5'—14" and w ider....______30.00 Longer than 32'...... 1... 30.00 Additions and deductions per 1,000 feet board measure. 5. Omitting lengths from R/L specifications add to the (See Sec. 15 (b) (13).) 4. Specified lengths add to the R/L price of the same size and grade: R/L price of the same size and grade: Grain: 6 'and 7'...... $1.00 6' to 15'...... 4...... $5.00 9 'and shorter...... 3.00 1. For vertical grain: 16' to 20'— ...... 10.00 . 4" to 6" wide, add $5.00. 10'and shorter______* 5.00 21' to 24'...... 15.00 12' and shorter______6.00 , 8" to 12" wide, add $10.00. 25'to 32'...... 25.00 Lengths: Longer than 32'...... 30.00 6. Fractional lengths add $3.00 to the specified length price of the ngxt longer length and compute footage 2. Regular loading: 3% 4' and/or 5'—7% 6' and/or 5. Omitting lengths from R/L specifications add to the on next longer length. 7'—90% 8'- to 16' or longer. R/L price of the same size and grade: Widths: 3. Short lengths: 3' to T in all widths, deduct $15.00 7.1 Fractional and odd widths not listed, same price as per M 'B M . 6' and 7'...... _____ 1...... $1.00 9' and shorter______3.00 next wider listed width. Compute footage on 4. Specified lengths, add $5.00 up to 15': 16' to 20' nominal fractional or odd rough width. add $10.00 to R/L price. 10' and shorter______... _____ 5.00 12? and shorter.*...... 6.00 Thickness: 5. Additions for omitting short lengths: 8. Fractional and odd thickness not listed, add $3.50 7' and shorter...... $2.00 6. Fractional lengths add $3.00 per M 'B M to the to next less listed size and compute footage on actual ■ 0' and shorter..;______•______3.00 specified length price of the next longer length and rough measure. . 10' and shorter______... ______5.00 compute footage on next longer length. Working charges: 1# and shorter...... 6.00 Widths: 9. Surfaced green, deduct $5.00 from surfaced dry price. 7. Fractional and odd widths not listed, same price as 10. Surfacing thicker and/or wider than American Miscellaneous: next wider listed width. Compute footage on lumber standards add $3.00 to the standard surfaced 6. Patterns not conforming to association standard nominal fractional or odd rough width. price. patterns or finished to greater overall size add $2.00. Thickness: 11. Resawing add $4.00. 8. For IW to )4" S2S net, deduct $10.00 from 1" Miscellaneous: T able 5—F looring—Ceiling prices of corresponding size and grade. 12. Selecting B and. better all clear (eliminating knots • 9. For 94 a" to IMa" inclusive S2S net, deduct $5.00 and sap), including boat lumber, add $10.00 to the from 1" of corresponding size and grade. B and better price of the same size and length. B 10. Shims, J4a" surfaced hit and miss or full rough 13. Tank stock, paragraph 777, add $5.00 to the B and Regular loading, dry, mixed grain, and thickness, price by adding $2.50 to 5/4 price of cor­ better price of the same size and length. C D , per M 'B M bet­ responding size and grade, and reduce this price by 14. Pipe stock, paragraph 727, add $4.00 to the B and ter ?4 and compute on 1" surface measure. better price of the same size and length. Working Charges: 15. Casing, base and jambs, 5/4 x 4" and thicker and/or 11. Surfaced green, deduct $5.00 from surfaced dry wider use corresponding finish price, size and weight. %" x 3" SIS, R/L 4' to 16' or 20'... $31.00 $28.00 $18.00 16. Rough dry deduct $3.00 from the surfaced dry 94" x 3" SIS, R/L 3' to 7'...... price. . 22.00 19.00 9.00 12. Surfacing thicker and/or wider than American price. Rough green deduct $8.00 from surfaced dry )4" x 3" and 4", V or B 1 side, R/L price. 4' to 16' or 20'______Lumber Standards add $3.00 to the standard sur­ 35.00 32.00 22.00 faced price. T able 8—N o . l Shop H" x 3" and 4", V or B 1 side, R/L 13. Regawing add $4.00. 3 'to 7'...... 30.00 27.00 17.00 1" x 3" V or B 1 side, R/L 4' to 16' Miscellaneous: Mixed grain rough, dry, R/L, 6 and longer: M ’ B M or 20'______14. Selecting B and Better all clear (eliminating knots 4/4" x 6" and wider, R/W...... $40.00 45.00 42.00 32.00 6/4" x 6" and wider, R/W______43.00 1" x 3" V or B 1 side, R/L 3' to 7'__ 32.00 30.00 20.00 and ¿an), including boat lumber, add $10.00 to the 1" x 4" V or B 1 side, R/L 4' to 16' B and better price of the same size and length. 6/4" x 6" and wider, R / W ...... 43.00 or 20' ...... 15. Tank stock, paragraph 777, add $5.00 to the B and 8/4" x 6" and wider, R/W...... 48.00 55.00 52.00 42.00 12/4" x 6" and wider, R/W...... 58.00 1" x 4" V or B 1 side, R/L 3' to 7'... 40. ÖÖ 37,00 27.00 better price of the same size and length. 1" x 5" V or B 1 side, R/L 4' to 16' 16. Pipe stock, paragraph 727, add $4.00 to the B and Additil ns and deductions per 1,000 feet board measure. or 20'...... 1 . . 60.00 57.00 47.00 better price of the same size and length. (See sec. 15 (b) (13).) 1" x 5" V or B 1 side, R/L 3' to 7'... 50.00 47.00 37.00 17. Casing, Base and Jambs, 1x4" and thicker, and/or 1" x 6" V or B 1 side, R/L 4' to 16' wider, use corresponding finish price, size and weight. lr For surfacing add $3.00.’ or 20' ______75.00 72.00 52.00 18. Rough dry deduct $3.00 from surfaced dry price. 2. For No. 2 shop developing deduct $12.50. 1" x 6" V or B 1 side, R/L 3' to 7'__ 60.00 -57.00 37.00 . Rough green deduct $8.00 from surfaced dry price. 3. For green deduct $5.00.

T able 7—T hick Clears T able 9—Gutter Additions and deductions per 1,000 feet board measure. (Sfee sec. 15 (b). (13).) B & Better green ( or pattern), R/L, Per Regular loading R/L, O’ to 16' 8' and longer: M ' B M Grain: B and or 20' dry per M ’B M S2S or c D 3" x 4"...... $80.00 1. For vertical grain, add $5.00 for 1": $2.50 for H" S4S mixed grain better 4" x 4"...... 85.00 and W- 4"x5"..'...... 85.00 Lengths: 4 " X 6 " ...... •_...... : ...... 85.00 6/4", 6/4", and 8/4" x 2", 3" and 5 " x 7 " ...... 95.00 2. Regular loading: ' 6 " X 8 " ...... * ...... 95.00 3% 4 'and/or 6'. 4" ...... ■■...... $70.00 $67.00 $47; 00 5/4", 6/4", and 8/4" x 5 "...... 7% 6' and/or 7'. v 80.00 77.00. 57.00 Additions and deductions per 1,000 feet board measure. 90% 8' to 16' or longer. ’*5/4", 6/4", and 8/4" x 6" ...... 85.00 82.00 62.00 (See sec. 15 (b ) (13).) 3. Specified lengths, add $5.00 per M '. 5/4", 6/4", and 8/4" x 8" ...... 100.00 97.00 77.00 5/4", 6/4", and 8/4" x 1 0 "... 105.00 102.00 82.00 Lengths: 4. Shorts: 3' to-5' deduct $15.00; 1' to 2)4' deduct 6/4", 6/4", and 8/4" x 12"...... $25.00 from R/L 4' to 16' price. 110.00 107.00 87.00 1. Specified lengths add to the R/L price of the 6/4", 6/4", and 8/4" x 14"...... 115.00 112.00 87.00 same size and grade: Thickness: 6/4", 6/4", and 8/4" x 16"...... 420.00 117.00 92.00 15' and shorter...... $5.00 5. For 34" thickness, deduct $2.00 from 1" price of 8/4", 6/4", and 8/4" x 18"...... 125.00 122.00 97.00 16'to 20' ...... 1...... 10.00 same width. 5/4", 6/4", and 8/4" x 20"...... 135.00 132.00 102.00 21' to 24'------*...... -____ 15.00 5/4", 6/4", and 8/4" x 22"...... 140.00 137.00 107.00 25' to 32' ...... 25.00 T able 6—F inish 6/4". 6/4", and 8/4" x 24"...... 140.00 137.00 107.00 Longer than 32'...... 30.00 214" and 3" x 3" to 6"...... 80.00 77.00 2. Specified 167 and longer: add $16.00. 2)4" and 3" x 8" ...... 90.00 87.00 Miscellaneous: Regular loading, R/L 6' to 16' 2)4" and 3" x 10"...... 90.00 87.00 B and 3. A ll other patterns,except Ohio or Boston, add $10.00. or 20' mixed grain, dry, S2S O D 214" and 3" x 12"______100.00 97.00 4. For dry stock add $5.00. or S4S ALS, per M 'B M better 214" and 3" x 6" to 12" R/W. . 90.00 87.00 4" and thicker x 4" to 6" _____ 80.00 77.00 T able 10—D ownspout 4" and thicker x 7" to W "...... 90.00 87.00 1" x 2".._ ...... $55.00 $52.00 $42.00 4" and thicker x 12 "...______100.00 97.00 1" x 3 "...... 55.00 52.00 42.00 D ry R/L 3' and longer per lineal foot B and O 1" x 4 "...... 55.00 52.00 42.00 (includes all members)- better 1" x 5"...... 67.00 64.00 54.00 Additions and deductions per 1,000 feet board measure. 1" x 6" ...... 80.00 77.00 57.00 (See sec. 15 (b) (13).) • 1" x 8" ...... 90.00 87.00 67.00 Grain: 294" x 294"-l54" inside diameter______$0.12 $0.09 1" x 10" ...... 95.00 92.00 72.00 354" x 394"-2M «" inside diameter_____ .16 .12 1" x 12" ...... 1. Specified grain add to mixed grain same size and m o o 97.00 77.00 grade: .22 1" x 14" ...... 105.00 102.00 77.00 394" x 3j4" with 4" spline...... 24 1" x 16"...... 5/4" x 14" to 18" widths______$15.00 110.00 107.00 82.00 5/4" x 20" to 24" widths______.. . 20.00 1" x 18"...... 115.00 112.00 87.00 1" x 20" ...... 6/4" and 8/4", 2" to 6" widths______5.00 125.00 122.00 92.00 6/4" and 8/4", 8" to 12" widths______10.00 1. Regular loading random length is as follows: 1" X 22"...... - __ _ 130.00 127.00 97.00 “ B and better" . “C” 1" X 24"...... 6/4" and 8/4", 14" to 18" w idths...______.. . 15.00 130.00 127.00 97.00 6/4" and 8/4",-'20" to 24" widths______. . . . . 20.00 10%, 3' to V ______: ...... 10%, 3' to r 90%, 8' and longer____ i ...... 90%, 8' and longer Lengths: At the option of shipper, 10%, 3' to T "B and better” Additions and deductions per 1,000 feet board measure. 2. Regular loading: 5% 6' and/or 7'; 95% 8' to 16' or may be included in the “C” at the “ C” R/L price. (See sec. 15 (b) (13).) , longer.. 2. For specified lengths, add 2t per lineal foot. )

FEDERAL REGISTER, Friday, April 19, 1946 4337

T able 11—P ickets Miscellaneous: Dressing Rules No. 12. “ O. B.” or old bundling con­ 7. Selected knotty red cedar, paneling, any working, templates lengths 3 feet and longer in multiples of one add $5.00 per M 'B M to price of corresponding width foot, with each length bundled separately. Random No. 1 pickets, dry and grade. length shipments of “ N. B.” and “ O. B.” includes square or gothic 8. No. 4 rough or surfaced, dry or green, 1 x AW -R/L 3' 354' 4' 5' 6' 3354% of 7' and shorter lengths. point per 1,000 $15.00. Use green weights for green and dry weights 3. No. 4 covers the down-fall which otherwise would pieces, S4S, bundled for dry. be wasted. M ay be rough or surfaced. Defects in­ 9. Rough dry deduct $2.00. clude splits, check, shake, skips, rot, stain, w.orm holes, 10. Rough green deduct $5.00. knot boles, wane and other defects which in combination 1 x 2"-...... •$28.00 $31.00 $33.00 11. Shims (see note 8, general notes) }4" and thinner will not impair the lumber for the purpose intended. l x 3" .32.00 36.00 42.00 $46.00 $57.00 add $2.50 to 5/4" price of corresponding size and 31.00 38.00 45.00 51.00 70.00 grade and then reduce this price by 94; JHs" and 4. No lumber is sold on less than 1" count. All lumber 28.00 33.00 41.00 thicker add $2.50 to 6/4 price and reduce this price is priced per 1,000 feet, board measure, except down­ Itix 154"'-...... 38.00 45.00 49.00 54. Compute on 1" surface measure. spouts, pickets, battens, lath and lattice which are . priced as designated. T able 17—D imension, P lank and T imbers 5. Ripping and/or resawing not otherwise provided 1. Number 2 pickets, deduct $3.00 per M pieces from add $1.00 per M 'B M ; for diagonal or tapered add $5.00 No: 1 price. per M 'B M , and product of strip to be shipped. T able 12—Battens Add to 6. For bundled where not provided add $1.00 per No. 1 M 'B M ; on standard bundled items, where not bundled Regular loading R/L 6' to 16' or longer dry bundled for deduct $1.00 per M 'B M . per 100 lineal feet: • select 7. Prices in all tables applying to items covered by Rough, green R/L 8' to No. 2 3 "flat_____ I ...... — : ...... - ...... $0.70 16' or 20' per M 'B M merch. No. 1 No. 3 American Lumber. Standards apply to any standard 2" O. G...... -...... 80 par. working when finished A. L. S. size. 2J4" O. G ...... 1-00 194 and - 8. Shims: Shims are boards that are too thin to be 1. Regular loading, 10% 6' and 7', 90% 8' and longer. 199 surfaced to standard thickness but of sufficient thickness •2. Specified lengths, add $0.10 per 100 lineal feet. to surface hit and miss to 54", 91«", 54" or 154#" or may be rough if full thickness. T able 13—L ath 2" x 3", 4", 6", 8", 10",• *9. No part of the premium for- Selected B and Better and 12" ______$3.00$32.00 $27.00 $24.00 provided in footnote 14, table 6 or in footnote 12, table 7, Green or dry, bundled per 1,000 pieces: 3" x 4", 6", 8", 10", and 12". 3.50 28.00 23.00 20.00 may be charged except for direct, mill shipment and 94" x lj.ii" or lH " No. 1, 4' (use dry weight)___ $6.50 4" x 4", 6", 8", 10", and 12". 3.50 28.00 23.00 20.00 where final delivery is to boat builders or other indus 94" x 154" or 154" No. 2, 4' (use dry weight)___ 4.50 5" x 5", 6", 8", 10", and 12". 3.00 26.00 21.00 18.00 trial users who have historically required and used 94" x 154"-1954" shingle bands green (use green 6" x 6 , 8", 10", and 12"... 3.00 26.00 21.00 18.00 this grade. weight)...... _■...... 6.50 8" x 8", 10", and 12" ...... 3.00 26.00 21.00 18.00 *10. No part of the premium provided in tables 6 and # 10" x 1Ó" and 12"...... 2.00 ,26,1)0 21.00 18.00 7 for paragraphs 777 and 727 may be charged except on . , T able 14—L attice 12" x 12" ______2.00 26.00 21.00 18.00 direct mill shipments and where final delivery is to manufacturers of wooden tanks or other containers Dry, regular loading, S4S, bundled, per 100 lineal historically requiring tank stock and pipe stock grades. feet: Additions and'deductions per 1,000 feet board measure. 11. The premium provided in tables 6 and 7 for speci­ 94«" x l-54"...... -...... $0.41 (See Sec. 15 (b) (13).) fied grain may be added only to either vertical grain or Ms" x 194"...... 46 flat grain as specified by buyer. In no instance shall the fis " x ...... r----, • 54 Lengths: 1. Specified lengths 8' to 20' add $3.00 to R/L price. premium be charged for both V. G. and F. G. 1. Regular loading, random lengths 6' to 16' or longer 2. Odd or fractional lengths add $1.00 to the specified n multiples of l', not over 15% in lengths under 10'. length price of the next longer even length, Compute ARTICLE VI— TABLES OF PERMITTED ESTIMATED Lengths: . footage on next longer even length. 2. Excess' short lengths 4' to 9', deduct $0.05 per 100 Widths: WEIGHTS lineal feet. 3. Odd or fractional widths not listed same price as The use of the following estimated weights, even 3. For specified lengths, add $0.05 per 100 lineal feet. next even wider width. Compute footage on nomi­ though they may be higher than actual weights, is per­ Thickness \ nal odd or fractional width. mitted: 4. For S4S -W thickness deduct $0.09 per 100 lineal Thickness: feet. 4. Odd and/or fractional thicknesses not listed add $3,50 to the next less listed size. Compute footage Bevel, bungalow siding and special T able 15—L og Siding Dry Per on nominal odd or fractional rough measure. ' siding Green No. 1 green, R/L, 4 'to 16'or longer: '■ M'BM Working charges: * 2" x 6", 8" and 10", finished to 194"______$37.00 5. Surfacing add $2.00 to corresponding rough price. 3" x 8" and 10", finished to 294"...... , 37.00 6. Surfacing 54" oil add $3.00 to corresponding rough M'BM price. 54" bevel siding...... 600 * Additions and deductions per 1,000 feet board measure. 7. T & G, grooved for splines, and outgauging add 54" bevel siding No. 1 knottv. 700 (See sec. 15 (b) (13)). $5.00 to the rodgh price. 54" bungalow siding...... 750 Grade: 8. Square butting add $1.00. 94" bungalow siding______900 Miscellaneous: 1.. No. 2 deduct $5.00. 94" bunglow siding No. 1 knotty...... 1,000 9. Rough dry, stock up to 6" thicknesses, add $5.00. 94" bungalow siding rough...... 1,100 Lengths: 10. No.4rougb or surfaced,dry or green,2" and thicker *542" special siding S3S______600 2. Specified lengths add $3.00. x A. W .-A. L. $15.00. Use green weights for green special siding S3S...... 900 3. For omitting 4' to 9' add $2.00 to R/L price. and dry weights for dry. Condition: 11. All heart foundation lumber, 3" and thicker, para­ 4. For dry stock add $5.00. graph 760. add $5.00 to No. 1 price. Drop siding and rustic Dry Green T able 16—Boards and Sheathing , T able 18—Box L umber R/I. per M ' BM: M’BM Add to 4/4 and thicker R W : 1" x 4" patterns 120 and 122...... 1,100 Rough dry...... $26.50 1" x 6" patterns 103 and 104...... 1,300 Dry, R/L 6' to 16' or 20' No. 1 for Rough g r e e n ...... 23.00 1" x 6" patterns 105,106 and rustic..,.. 1,400 S2S, S4S, D and M or No. 1 No. 2 No. 3 Surfaced dry...... 26.50 1" x 6" patterns 115 and 117...... 1,200 shiplap, per M 'B M select merch. Surfaced green...... 24.50 1" x 6" pattern 116______... 1,500 par. 186 1. No additions for specified widths. 1" x 8" and 10'.'add 100 lbs. to above.. 2. Grade as provided in paragraph No. 780 of West 1" x 6" weights...... Coast Lumbermen’s Association Standard Grading 1" x 2" ...... $4.00 $38.00 $28.00 $23.00 and Dressing Rules No. 12.. 1" x 3"___ 4.00 38.00 28.00 23.00 1" x 4"...... 4.00 34.00 24.00 19.00 T able 19—Capping and Grooved T runking . Flooring and ceiling Dry Green 1" x 6" ...... 4.00 40.00 33.00 28.00 I " x 8" ____ 4.00 40.00 33.00 28.00 Green or dry, mill’s option worked to pattern: 1" x 10" ...... Capping, paragraph 769: M'BM 4.00 40.00 33.00 28.00 94" x 3" or 4"...... I"xl2"_._ . 4.00 44.00 37.00 32.00 1x4,1x6, 2x4 and 2 x 6" R/L 4' and longer.. $32.00 600 5/4 and 6/4 x 4" and 6" R/L 4' and longer___ 35.00 J4" x 3" or 4"______700 Trunking, paragraph-768: 94" x 3" or 4 " ___ _ 1,000 Additions and deductions per 1,000 feet board measure. 2 x 4, 3 x 4 and 4 x 6" R/L 4' mid longer...... 35.00 1" x 3" to 6" ...... 1,500 (See sec. 15 (b) (13).) Additions and deductions per 1,000 feet board measure 1" x 8" ...... 1,600 (see sec. 15'(b)-(13)). Lengths: Lengths: 1. Specified lengths add $3.00 to R/L price of same size 1. Omitting 4' to 9' add $2.00. and grade. 2. Lengths 21' to 24' add $2.00. Finish Dry Green 2. Fractional lengths add $1.00 to the specified length 3. Specified lengths add $5.00. price of the next longer length. Compute footage on next longer length. GENERAL NOTES . M'BM M'BM 3. 4' and 5' lengths, all grades (No. 3 and better) may 54" finish S2Sor S4S 54«"...... 800 .... included in.No. 3 at R/L No. 3 price. 1. All grade and size terms and “ paragraph” refer­ 44" finish S2S or S4S 9A *" _ _ ___ 1,100 Widths: ences and measuring terms appearing in thjs regulation 1" finish S2S or S4S *542"...... 1,700 4. Fractional or odd widths same price -as next wid refer to, and have the meaning given in the Standard 1" rough...... 2,100 3,000 even width. Compute footage on fractional or oc Grading and Dressing Rules No. 12, issued by the rough width. West.Coast Lumbermen’s Association, effective March Thickness: . 1, 1943. *An exception to the provisions of General Notes 9 5‘ ^ or 6/4 add $3.00 to 1" price of the same 2. The reference “ N. B ." and “ O. B.” as employed and 10, may, when justification therefor is clearly width and grade. in siding schedules is descriptive of the manner in which demonstrated, be granted upon direct application to Working charges: lengths an bundled. “ N. B.” or new bundling is as the Lumber Branch, Office of Price Administration, 6. Surfaced’green deduct $3.00. defined in paragraph 734 of Standard Grading and Washington, D. C. 4338 FEDERAL REGISTER, Friday, April 19, 1946

article vi—continued article t i —continued regulation of the Office of Price Adminis­ tration. ' Boards and sheathing Thick clears and tank stock , Dry Green Dry Green 2. Section 1352.1 (b) is amended to read as follows: M'BM M’BM M'BM M'BM 5/4" to 8/4" S2S or S4S...... 1,800 ■ 2,400 1" x 2" and wider S2S or S4S______1,800 2,200 (b) The maximum price for sales of 5/4" to 8/4" rough...... 2,300 - 3,000 1" x 4" and wider D & M or shiplap. 1,700 2,100 any new unit of wool floor covering differ­ 2H" and 3" x 4" and wider S2S or S4S 2,000 2,400 l"rough ...... 2,100 3,000 2J4" and 3" x 4" and wider rough. __ 2,800 3.000 ing only in color or pattern from a unit 4" and thicker x 5" and wider S2S or which has a maximum price properly S4S._...... * ...... 2,200 2,600 Knotty cedar paneling: Same weights as boards and 4" and thicker x 5" and wider rough.. 2,800 3.000 heathing. established under paragraphs (a) or (c ), or under § 1352.10a, is the same as the Dimension, plank, timbers Dry Green maximum price for the unit already Shop and box Dry Green priced, provided such change in color or pattern does not reduce the cost of pro­ M'BM M'BM M'BM M'BM 2" x ¿" and wider rough...... 2,700 3.000 ducing the new unit. 4/4" rough...... 2,100 3.000 3" x 3" and wider rough..______4/4" S2S or S4S...... 2,800 3.000 1,700 2.400 4" x 4" and wider rough 2,800 3. Section 135^.1a is amended to read 5/4" and thicker S2S or S4S...... 3.000 1,800 2.400 2" X 2" to 2" x 4" S4S:...... 1,900 2,300 as follows: 5/4" and thicker rough...... 2,300 3.000 2" X 6" to 2" x 12" S4S...... 2,000 2.400 5" and*thicker by all widths rough... 2,800 3.000 § 1352.1a Adjustment of .maximum 5" and thicker by all widths surfaced. 2,000 2.400 Gutter - Dry Green For S4S H" off, add...... 200 200 prices. Each manufacturer of wool floor coverings may inefease his maximum prices established under § 1352.1 'or M'BM M'BM Capping and trunking Dry Green 3" and thicker. _ ___ 1,350 1^600 1352.10a of this revised pricq, schedule for his sales of the wool floor coverings which Capping: he manufactures by 4% percent: Pro­ 1x4 and 1 x 6"...... 2,400 Downspouts, dry: Per 100 tin. feet 2x4 and 2 x 6".-...... 2.500 vided, That the amqunt of such increase 2% x 29-6"------>...... 70 5/4 and 6/4 x 4" and 6" ...... 2.500 is separately stated as an adjustment 3 % x 3 H "...... 100 Trunking: 3% x 3% " with 3" spline...... 125 2x4"...... ’...... •2,500 charge on each invoice or other written Ws * 3Ys" with 4" spline...... 200 3x4 and 3 x 6" ...... 2,600 evidence of sale. 4. Section 1352.1b (f) is amended to When surfacing is specified other than standard or Pickets Dry Green where weights are not provided in this list, weight is to read: be computed by applying the following weights and de­ (f) The seller’s selling price for the M pieces ducting the equivalent to the percentage of difference 1" x 2"-3'...... between the rough and surfaced or fractional rough size, article not exceeding his maximum price 800 breaking on the next greater 50 pounds: 1" x 2"-4'...... 1,100 established under §§ 1352,1 or 1352.10a of 1" x 3"-3'...... 1, 200 Pounds 1" x 3"-3H '...... Cedar, rough green clear...... 3,000 Revised Price Schedule No. 57. 1.400 Cedar, rough dry clear l " ...... 2,100 1" x 3"-4'...... 1,600 1" X 3"-5'...... Cedar, rough dry clear 5/4" to 8/4"...... 2,300 This amendment shall become effective 2,000 Cedar, rough dry clear 2J.i" and thicker...... 2,800 1" x 3"-6'...... 2.400 on April 17, 1946. l" x 4 " - 3 '.:...... Cedar, rough green common...... 3,000 1,600 Cedar, rough dry common 1" ...... 2,100 1" x 4"-3H '...... 1,850 N o t e : The reporting provisions of this 1" X 4"-4'_...... Cedar, rough dry common 2" ______2,700 2,150 ----- ..... ; Cedar, rough dry common 3" and thicker_____ 2,800 amendment have been approved by the Bu­ 1" x 4"-5'...... 2,700 reau of the Budget in accordance with the 1" x 4"-6'...... 3,200 This regulation shall become effective Federal Reports Act of 1942, as amended. lW 'x lW '- 3 '...... — - 800 April 22, 1946. \W'xni"~3W--...... 900 Issued this 17th day of April 1946. 114" x lJ i"-4 '...... 1,000 N o t e : All reporting and record-keeping re­ lH " x lj| "- 3 '...... 1,100 quirements of this regulation have been ap­ 1,300 P a u l A . P o r t e r , 1H" x l^"-4'_ ...... •• 1,500 proved by the Bureau, of the Budget In Administrator. accordance with the Federal Reports Act of 1942. [F. R. Doc. 46-6536; Filed, Apr. 17, 1946; 4:20 "p. m.j Battens Dry Green Issued this 17th day of April 1946.

Per 100 P a u l A . P o r t e r , P a r t 1347—P a p e r , P a p e r P r o d u c t s , R a w tin. ft. . Administrator. M a t e r ia l s f o r P ap e r a n d P a p e r P r o d ­ 3" flat— ...... 15 [F. R. Doc. 46-6528; Filed, Apr. 17, 1946; 2" O. G ._...... 18 u c t s , P r i n t i n g a n d P u b l i s h i n g 4:21 p. m .] 2H" O. G...... 20 [MPR 459,1 Am dt. 5]

GUMMED KRAFT SEALING TAPE Lath and shingle band strips v Dry Green P ar t 1352—F l o o r - C o v e r in g s A statement of the considerations in­ [RPS 57, Amdt. 7] volved in the issuance of this amend­ M pieces M pieces H" x lH "-4 '...... 400 ment, issued simultaneously herewith, W x lfi"-4 '_ ...... 450 WOOL FLOOR COVERINGS - has been filed with the Division of the W 1 1 «"- 10U" ____ 50Ö A statement of the considerations in­ Federal Register. volved in the issuance of this amendment Maximum Price Regulation No. 459 is Lattice Dry Green has been issued simultaneously herewith, amended in the following respect: and it has been filed with the Division of In Appendix A, subparagraph (b) (1) Per 100 the Federal Register. is amended to read as follows: Un. ft. Revised Price Schedule No. 57 is 6 (1) Maximum delivered price for sales oi H e" x 1%" ...... 8 amended in the following respects: standard gummed Kraft sealing tape- as set fie " x 1%"...... 9 i forth in paragraph (a), of this Appendix plus (For S4S use same weights as 1. Section 1352.1 (a) is amended to an amount not to exceed $0.75 per one hun­ sAs".). read aà follows : dred 1 inch wide rolls.' (a) On and after April 8, 1946, the Casing, base and jambs: This amendment shall become effec­ 1" x 4" thicker and wider same weight as finish of same maximum price fof any unit of wool floor tive April 23, 1946. size. coverings for which the manufacturer has a maximum price properly estab­ Issued this 18th day of April 1946. lished under this section, of under P a u l A. P o r t e r , Log siding Dry Green lb. lb. § 1352.10a, on that date, shall be 105 Administrator. percent of that properly established max­ imum price, exclusive of any increases or [F. R, Doc.,46—6556; Filed, Apr. 18, 1946; M'BM M'BM 11:35 a. m .] 2" and thicker by 6" and wider..___ 1,800 2,100 adjustment charges in such maximum price permitted by any order, schedule or *8 FJt. 11807, 13498, 14662; 9 F.R. 6810. FEDERAL REGISTER, Friday, April 19i 1946 4339

P art 1366—U se d C o n s u m e r D u r a b l e cost, figured at $9.00, per ton, in the case ing sentence to be added at the end ’ G o o ds of wire; and $7.00, per ton, in the case of thereof : “Similarly, at the time of or [M P R 429, Arndt. 7] angles, and strips. prior to the first invoice on and after The manufacturer’s new maximum April 23, 1946, covering the sale of hog CERTAIN CONSUMER DURABLE GOODg prices, so computed, the weight of the or sheep suprarenal glands each seller A statement of the considerations in­ wire, and the total weight of the angles, shall notify each purchaser of the max­ volved in the issuance of this amend­ flats and strips, in the article shall be imum prices set forth in this section.” ment has been issued simultaneously reported to the Office of Price Adminis­ 5. Paragraph (e) of section 1.2 is herewith and filed with the Division of tration, Washington 25, D. C., before amended by changing the words “ pan­ the Federal Register. the article is first offered for sale at a creas glands” appearing therein to read Maximum Price Regulation No. 429 is price higher than the maximum price “pancreas and/or suprarenal glands”. amended in the following respects: previously established for the article by the in-line order, or under the automatic This amendment shall become effec­ 1. The first paragraph of section 1 (e) pricing provisions of section 9 (b) (1) of tive April 23, 1946. is amended by deleting the words “ and this regulation. If the reported maxi­ Issued this 18th day of April 1946. time clocks.” mum price is incorrectly calculated, the 2. The second paragraph of section P a u l A . P o r t e r , Office of Price Administration will is­ 1(e) is amended to read as follows: sue an order establishing the correct Administrator. But this regulation does not cover maximum price for sales of the article, [F . R. Doc. 46-6561; Filed, Apr. 18, 1946; sales of mechanical refrigerators (cov­ which maximum price shall apply to all 11:36 a. m .] ered by Maximum Price Regulation No. sales of the article after April 23, 1946. 139); frozen food cabinets and lockers, Retail maximum prices established Tiy farm freezers and commercial ice cream such in-line order, or under the auto­ P a r t 1316— C o t t o n T e x t i l e s cabinets (covered by General Maximum matic pricing provision of section 9 (b) [MPR 11,1 Amdt. 27] Price Regulation) nor does it cover the (1) of this regulation, shall not be in­ sale of business machines such as count­ creased in any amount. FINE COTTON GOODS ing, accounting, recording, reproducing This amendment shall become effec­ A statement of- the considerations in­ and writing machines, time clocks, reg­ tive on April 23, 1946. volved in the issuance of this amend­ isters, and machines for handling checks, N o t e ; , The reporting provisions of this ment has been issued simultaneously mail, fares or tickets, or for sorting or herewith and filed with the Division of changing coins (covered by General amendment have been approved by the Bu­ reau of the Budget in accordance with the the Federal Register. Maximum Price Regulation for sales by Federal Reports Act of 1942, as amended. Exception (i ) to § 1316.3 (b) (1) is manufacturers of their, own makes and amended to read as follows: by Maximum Price Regulation No. 5S6 Issued this 18th day of April 1946. for resellers). ' t (i) Grey goods delivered pursuant to P a u l A . P o r t e r , contracts entered into on or after April This amendment shall become effec­ * Administrator. 18, 1946 for use by prime contractors in tive on the 23d day of April 1946. [F. R. Doc. 46-6554: Filed, Apr. 18, 1946; fulfilling contracts entered into with the Issued this 18th day of April 1946. 11:35 a. m.J War Department calling for delivery of any of the finished fabrics, or of moisture P a u l A . P o r t e r , vapor-proof wrapping material made in Administrator. P art 1499— C o m m o d it ie s a n d S e r v ic e s part of the marquisettes, designated in [F. R. Doc. 46-6555;, Filed, Apr. 18, 1946;* Schedule A of Direction No. 11, issued [ 2d Rev. SR 14, Amdt. 24] 11:35 a. m .] March 17, 1945 (amended July 14, 1945) HOG AND SHEEP SUPRARENAL GLANDS by the War Production Board under its General Conservation Order M-317. A statement of the considerations in­ P art 1365—H o u s e h o l d F u r n it u r e volved in the issuance of this amendment This amendment shall become effec­ [ 3d Rev. M PR 213, Am dt. 4] has been issued simultaneously herewith tive April 18, 1946. and filed with the Division of the Fed­ Issued this 18th day of April 1946. NEW c c il a n d f l a t b e d s p r in g s a n d m e t a l eral Register. BEDS Second Revised Supplementary Regu­ P a u l A. P o r t e r , A statement of the considerations in­ lation No. 14 is .amended in the follow­ Administrator. volved in the issuance of this amend­ ing respects: ment has been issued simultaneously [F. R. Doc. 46-6553; Filed, Apr. 18, 1946; 1. Paragraph (a) of section 1.2 is 11:34 a. m.J herewith: and it HSs been filed with the amended by the addition of the follow­ Division of the Federal Register. ing sentence at the end thereof: “It also Third Revised Maximum Price Regu­ applies to any person who sells or de­ lation No. 213 is amended in the follow­ P a r t 1400— T e x t i l e F a b r i c s : C o t t o n , ing respect: livers hog and/or sheep suprarenal glands.” W o o l , S i l k , S y n t h e t i c s a n d A d m i x ­ Section 9 (b) (1) (iii) is added to read t u r e s as follows: 2. Subparagraph (3) of section 1.2 (b) is added to read as follows : [MPR 127,2 Amdt. 45] . (iii) If, prior to April 23, 1946, maxi­ (3 ) Hog and sheep suprarenal glands. FINISHED PIECE GOODS mum prices have been established by As used in this section 1.2 hog and sheep an individual pricing order, or under suprarenal glands means suprarenal A statement of the considerations in­ the automatic pricing provision of sec­ glands obtained from the slaughter of volved in the issuance of this amend­ tion 9 Tb) (1) of this regulation, for hogs and sheep, and selected in accord­ ment has been issued simultaneously sales of any article covered by this regu­ ance with standard commercial practice. herewith and filed with the Division of lation which is not listed in section 16, the Federal Register. the manufacturer shall compute new 3. Subparagraph (3) of section 1.2 (c) Maximum Price Regulation No. 127 maximum prices for his sales of that ar­ is added to read as follows: is amended in the following respect: ticle, as follows: (3) For sales and deliveries after Section 1400.78a (a) (15) is amended (a) He shall determine the weight of April 23, 1946, of hog and/or sheep to read as follows: the wire in the article. suprarenal glands, the applicable maxi­ (b) He shall determine the weight of mum selling prices, f. o. b. shipping point, 1 9 F.R. 2661, 3577, 4879, 5162, 11531, 12020, the angles, flats and strips in the article. shall be as follows: 13056, 14850; 10 F ,R. 1141, 3090, 6307, 8977, (c) He shall add to his maximum price Per pound 14062. established under that individual pricing Hog suprarenal glands______i_ $2. 50 2 9 F.R. 2464, 3031, 4029, 4879, 10088, 12020, order or under the automatic pricing Sheep suprarenal glands______2. 50 12636, 13067, 14014; 10 F.R. 412, 2014, 3093, 4816, 6303, 8857, 8979, 11148, 11896, 12260, provision of section 9 (b) (1) of this 4. Paragraph (d) of section 1.2 is 14507, 14628, 15006; 11 F.R. 1783, 2075, 2224, regulation, the increase in his material amended by the addition of the follow- £986. No. 77------3 4340 FEDERAL REGISTER, Friday, A p ril 19, 1946

(15) Any of the finished fabrics des­ charges may also be added the transit October 3, 1942 (7 F,R. 7871), Executive ignated in Schedule A of Direction No. charge. Order 9328 of April 8, 1943 (8 F.R. 4681), 11, issued March 17,1945 (amended July (2) Where transit privileges do not Executive Order 9599 of August 18, 1945 14, 1945) by the War Production Board apply, the additions for inbound trans­ (10 F.R. 10155), Executive Order 9651 of under its General Conservation Order portation may not exceed the actual October 30, 1945 (10 F.R. 13487), Execu­ M-317 when delivered to the War De­ weights of the untreated material times tive Order 9697 of February 14, 1946 (11 partment pursuant to prime contracts the actual inbound rate. The maximum -F.R. 1691)’, and Executive Order 9699 of entered into on or after April 18, 1946. addition for outbound freight is ah February 21, 1946 (11 F.R. 1929) ; It is This amendment shall become effec­ amount equal to the actual wéight of the hereby ordered: tive April 18, 1946. treated material times the actual out­ Directive 41 is amended by the addi­ bound rate. tion of paragraph (e) to section 7 to Issued this 18th day of April 1946. (d) Within a period of thirty days read as follows: P aul A. P orter, after the first use of any maximum price (e) (1) Reconstruction Finance Cor­ Administrator. computed by means of any one of Jthe poration is also directed to withhold pay­ [P . R. Doc. 46-6558; Piled, Apr. 18, 1946; formulas set forth in this section, the ment of subsidy claims upon certification 11:36 a. m .[ seller shall submit a report to the Lumber by a District Director of the Office of Branch, Office of Price Administration, Price Administration or the Secretary of Washington 25, D. C., in the- form of a Agriculture (or his duly authorized rep­ statement setting forth the type of pre­ resentative) that the slaughterer’s re­ P art 1499— C ommodities and S ervices servative used, the treatment process port, after correction for errors, filed with used, and the factors considered in ar­ [2d Rev. SR 14, Amdt. 25] the Office of Price Administration or the riving at the selling price, separately Department of Agriculture pursuant to LUMBER PRESERVATIVELY TREATED BY NON­ listing, in dollars and cents, the various Control Order 2 or War Food Order No. PRESSURE METHODS formulary items as well as the computed 75-7, shows that he has slaughtered live­ maximum selling price. A statement of the considerations in­ stock in excess of his authorized quota. (e) Any person who did not sell lum­ volved ip the issuance of this amend­ (2) The withholding shall apply to the ber preservatively treated by non-pres­ ment, issued simultaneously herewith, cattle subsidy (exclusive of extra-com­ sure methods in March 1942 shall file an has been filed with the Division of the pensation payments), calf subsidy or hog application for a maximum price with the Federal Register. subsidy, depending on which species of Lumber Branch, Office of Price Admin­ Second Revised Supplementary Regu­ livestock the slaughterer has slaughtered istration, Washington 25, D. C. The ap­ lation 14 to the General Maximum Price in excess of his authorized quota, due the plication shall set forth: Regulation is hereby amended by adding slaughterer on the particular species of a new section to Article H I to read as (1) A complete description of the livestock slaughtered at the particular lumber preservative and treating method follows: establishment during the accounting for which a maximum price is sought. period involved. Sec. 3.13 Lumber preservatively (2) The maximum price proposed by (3) The appropriate District Director treated by non-pressure method— (a) the seller together, .with a detailed ex­ of the Office of Price Administration and Persons covered. Any person who sells planation of the method by which the the Secretary of Agriculture or his duly lumber impregnated with a wood pre­ seller calculated such price. servative by a non-pressure method is authorized representative shall, as (3) The reasons why the seller be­ promptly as possible, certify to Recon­ subject to this regulation. lieves the proposed price to be in line struction Finance Corporation : (b) Maximum prices f . o. b. plant. The with the level of maximum prices estab­ maximum price f. o. b. treating plant for (i) The name of any slaughterer lished by this amendment. whose report, after correction for errors, lumber preservatively treated by a non­ The seller shall also ¡submit such ad- filed pursuant to Ccmtrol Order 2 or War pressure method shall be the sum of the ditioñal pertinent information as the Food Order No. 75^-7, shows a slaughter following: ' Lumber Branch may require. The Lum-. of any species of livestock in excess of his (1) The highest price, f. o. b. plant, ber Branch will establish a price for authorized quota for such species of live­ charged by the seller during March 1942 the applicant which is comparable with stock; and or otherwise established under the Gen­ the average of the prices established un­ (ii) Thé address of the establishment eral Maximum Price Regulation, for a der this amendment for his competitors. given species, size and grade of treated Any maximum price established under and the^ accounting or quota period for lumber less the untreated lumber cost, this subsection (e) shall be subject to which the report is filed; and (iii) The species-of livestock for which including inbound transportation, for adjustment by. the Lumber Branch at the slaughterer’s report shows a slaugh­ that same item of untreated lumber re­ any time. ceived from the supplier who furnished ter iii excess of his authorized quota. Note: All reporting and record-keeping re­ (4) If a slaughterer has exceeded his the largest quantity of that item to the quirements of this regulation have been seller during 1942. authorized quota by an amount which is approved by the Bureau of the Budget in not in excess of 3 percent of such quota (2) The current “mill ceiling” (un­ accordance with the Federal Reports Act of treated) price for the species, size and 1942. or 2000 pounds live weight, whichever is grade of lumber to be sold. larger, he may apply to the Secretary of This amendment shall become effec­ Agriculture or the Price Administrator, (3) Actual inbound transportation tive April 23, 1946. charges, not exceeding the charges per­ at Washington, D. C.~ depending on mitted under the Maximum Price Regu­ Issued this 18th day of April 1946. 'whether his report was filed with the Of­ lation covering mill sales of untreated fice of Price Administration or the De­ . P aul A. P orter, partment of Agriculture, for a release of material of the particular species in­ Administrator. volved. Where treating-in-transit rates the subsidy withheld pursuant to this [F. R. Doc. 46-6552; Filed, Apr. 18, 1946; are used, this item (3) is not to be used, paragraph (e). Upon a finding by the 11:34 a. m .] Secretary of Agriculture or- his duly but the seller shall compute transporta­ authorized-representative, or the Price tion, both inbound and outbound, under Administrator that the slaughterer’s ex­ paragraph (c) below. cess slaughter was due to extenuating (c) Delivered sales, and treating-in- Chapter X VIII—Office of Economic Stabilization circumstances and that the release of the transit. (1) Where treating-in-transit subsidy withheld would .not be incon­ rates are used, the maximum pride at P art 4003—Support P rices; Subsidies sistent with the stabilization program, final destination is the sum of items Cl) [Directive 41, Amdt. 4] the Secretary of Agriculture or his duly and (2) in paragraph (b) plus the authorized, representative or the Price through rate from the original loading- LIVESTOCK SLAUGHTER PAYMENTS Administrator may so certify to Recon­ out- point indicated on the freight bills Pursuant to the authority vested in me struction Finance Corporation, and surrendered in connection with the out­ by the Stabilization Act of 1942, as thereupon the subsidy withheld shall be bound shipment. To these freight, amended, and by Executive Order 9250 of payable forthwith. FEDERAL REGISTER, Friday, A pril 19, 1946 4341 \ Issued and effective this 16th day of Section 201.73 (originally designated drawals, and the provisions of section April 1946. § 6.03) is amended by inserting before 24 of the Federal Power Act as above the words “bills of particulars” the words stated, become subject to application, C hester B o w les, petition, location, or selection as follows: Economic Stabilization Director. “requests for” so said section shall read: (a) For a period of 90 days, com­ § 201.73 [F. R. Doc. 46-6535; Filed, Apr. 17, 1946; Complaints and other docu­ mencing on the day and at the hour ments served by Commission. Com­ 4:50 p. m.] named above, the public land affected plaints filed pursuant to § 201.41 (orig­ by this order shall be subject to (1) ap­ inally designated § 4.01), amendments to plication under the homestead laws, complaints, petitions to intervene, re­ or the small tract act of June 1, TITLE 37—PATENTS AND quests for bills of particulars, and memo­ 1938 (52 Stat. 609, 43 U.S.C. sec. COPYRIGHTS randa filed pursuant to §§ 201.121-201.131 682a), by qualified veterans of World (originally designated §§ 9.01 to 9.11), in­ War II, for whose service recognition is Chapter I—Patent Office, Department of clusive, will be served by the Commis­ granted by the act of September 27, 1944 Commerce sion, and the mailing date shall con­ (58 Stat. 747, 43 U.S.C. sec. 282), subject stitute the date of service. Therefore, in* P art 1— P atents to the requirements of applicable law, addition to and accompanying the orig­ and (2) application under any applicable miscellaneous amendments inal of every document filed with the public land law, based on prior existing Commission for service by the Commis­ valid settlement rights and preference A pril 17, 1946. sion, there must be a sufficient number The last sentence of § 1.18 is cancelled, rights conferred by existing laws or equi­ of copies for service on each party to the table claims subject to allowance and A new section is added reading as fol­ proceeding. lows: confirmation. Applications by such vet-* By order of the United States Mari­ erans shall be. subject to claims of the § 1.30a Single signature application. time Commission. classes described in subdivision (2). The petition, oath, specification and (b) For a period of 20 days immediately claims, and power of attorney may be (39 Stat. 728 ; 47 Stat. 1425; 49 Stat. 1985; 46 U.S.C. Chapters 23, 23A, 27) prior to the beginning of such 90-day included in a single document and if in period, such veterans and persons claim­ approved form may be executed by a [seal] A. J. W illiam s, ing preference rights superior to those of single signature of applicant. (See Ap­ Secretary. such veterans, may present their appli­ proved Single Signature FormJ). A pril 9, 1946. cations, and all such applications, to­ gether with those presented at 10:00 a. m. (Sec. 483, R.S., U. S. Code, Title 35, sec [F. R. Doc. 46-6551; Filed, Apr. 18, 1946; 6) H..|i | | 11:19 a. m.] on the first day of the 90-day period, shall be treated as simultaneously filed. [ seal] Casper W . O oms, (c) Commencing at 10:00 a. m. on the Commissioner of Patents. Notices 91st day after the land becomes subject Approved: to application, as hereinabove provided, any of the lands remaining unappropri­ H. A. W allace, DEPARTMENT OF THE, INTERIOR. ated shall become subject to such appli­ Secretary of Commerce. cation, petition, location, or selection by [F. R. Doc. 46-6537; Filed, Apr. 18, 1946; General Land Office. the public generally as may ba author­ 9:54 a. m.] [Misc. 1829187] ized by the public land laws. (d) Applications by the general public W isconsin may be presented during the 20-day pe­ riod immediately preceding such 91st RESTORATION ORDER NO. 1171 u n d e r f e d e r a l TITLE 46—SHIPPING day, and all such applications, together POWER ACT with those presented at 10:00 a. m. on Chapter II—United States Maritime A pril $, 1946. that day, shall be treated as simultane­ Commission By Departmental order of December ously filed. Subcha^ter A — General Provisions and Rules of 1, 1943, creating Power Site Classifica­ ' Veterans shall accompany their ap­ Procedure tion No. 347, the following described land, plications with certified copies of their certificates of discharge, or other satis­ [Gen. Order 41, Supp. 2] an island in the Flambeau River, was withdrawn for power purposes: factory evidence of their military or P art 201—R ules op P rocedure B efore naval service. Persons asserting prefer­ 4th Principal M eridian the C om m ission ence rights, through settlement or other­ T. 35 N„ R. 5 W., sec. 11, lot 8. wise, and those having equitable claims, PLEADING AND PRE-HEARING PROCEDURES; The area described contains 3.71 acres. FORM AND SERVICE OF DOCUMENTS shall accompany their applications by Pursuaht to the determination of the duly corroborated affidavits in support Section 201.54 (originally designated Federal Power Commission (DA-1, Wis­ thereof, setting forth in detail all facts § 4.14) is amended to read: consin) and in Accordance with Depart-' relevant to their claims. § 201.54 Bill of particulars. Within mental Order No. 1799 of March 19,1943, Applications for this land, which shall five (5) days after receipt of service of 8 F.R. 3743, the above-described land is be filed in the General Land Office at the complaint, the respondent may file a hereby declared open to disposition under Washington, D. C., shall be acted upon request for a bill of particulars with the the public land laws, subject to the pro­ in accordance with the regulations con­ Commission for service upon the com­ visions of section 24 of the Federal Power tained in § 295.8 of Title 43 of the Code plainant. Within ten (10) days after Act of June 10, 1920 (41 Stat. 1063), as of Federal Regulations (Circ. 324, May 22, amended by the act of August 26, 1935 receipt of such request, complainant 1914, 43 L. D. 254), and Part 296 of that (49 Stat. 838, 846*, 16 U.S.C. sec. 818), and shall file with the Director of the Di­ title, to the extent that such regulations vision of Regulation and serve upon re­ to the special restriction that no build­ are applicable. Applications under the spondent either (a) the bill of particulars ing or other improvement shall be so requested or' (b) a rçply to such request located or constructed on said land as homestead laws shall be governed by the setting forth the particular matters con­ to interfere with, or be subject to in­ regulations contained in Subchapter I of tained in the request which are objected terference by, the construction and Title 43 of the Code of Federal Regula­ to and the reasons for jthe objections. operation of any power development by tions and applications under the small The time for filing answer to complaint the United States or its licensees. tract act of June 1, 1938, shall be gov­ shall be extended to a date ten (10) days This order shall not become effective erned by the regulations contained in after receipt by respondent of thé bill to change the status of this land until Part 257 of that title. of particulars or of notice of the Com­ 10:00 a. m. on the 63rd day from the date red o hnso n mission’s disallowance of same. F W . J , on which it is signed. At that time the Commissioner. 1 Not filed with Division • of the Federal land shall, subject to valid existing [F. R. Doc. 46-6539; Filed, A pr. 18, 1946; Register. rights, the provisions of existing with­ 10:08 a. m .] 4342 FEDERAL REGISTER, Friday, A pril 19, 1946

C a l if o r n ia T. 2 N., R. 9 E., lands, and is often the cheapest and most Sec. 7, Wy2 and S ^ S E ^ ; desirable method of obtaining culinary CLASSIFICATION ORDER Sec. 18, Ny2 lot 1 of SWypand Ey2; water. It is possible that some of the Sec. 19, lot 1 of NWi/4; NE^i, and A p r il 11,1946. Ny2SEi4; water companies operating in the com­ 1. February 27, 1946, the Secretary of Sec. 22, -NEi4, Ey2Wy2, and SE^; } munities will provide-water if sufficient the. Interior classified, under the small Sec. 26, SW&; settlement takes place. tract act of June 1, 1938 (52 Stat. 609, Sec. 27, SE ^; • 4-. Pursuant to § 257.8 of the Code of 43 U.S.C. sec. 682a), for leasing, as here­ Sec. 34, wy2NEy4, Ei/aNW^, N E ^S W ^, Federal Regulations (43 CFR Part 257,. inafter indicated, the following-described and NW & SE^. Cum. Sup., as amended by Circ. 1613, T. 1 S., R. 9 E., February 27, 1946), a preference right public lands in the Los Angeles, Cali­ Sec. 2, Ey2 lot 1 of NE& and Ey2SE^. fornia, land district: to a lease is accorded to those applicants For business and for combination home whose applications (a) were regularly For all of the purposes mentioned in the and business purposes. act except camp and business. filed, under the regulations issued pursu­ S m a l l T ract C lassification No. 74 ant to the act, prior to 8:30 a. m. on S m a l l T r act C lassification N o . 74 March 4,1946, and (b) are for the type of California No. 32 California No. 32 site for which the land subject thereto SAN BERNARDINO MERIDIAN SAN BERNARDINO MERIDIAN has been classified. As to such applica­ T. 1 N„ R. 10 E., tions, this order shall become effective T. 1 N., R. 10 E., Sec. 13, SE ^SE ^. upon the date on which it is signed. Secs. 1 and 2; T. 1 N., R. 11 E., - 5. As to the land not covered by the Sec. 5, w y 2s w ^ : J Sec. 18, Sy2 lots 1, 2 of SW»/4 and S&SBft; applications referred to in paragraph 4, „ Sec. 6, lot 1 of NE1/4; Sec. 19, Ny2 and SE&. • Sec. 7, N E & ; this order shall not become effective to Sec. 11, Ni/2 and S m a l l T ract Classification N o. 75 permit the leasing of such land under the Sec. 12, Ni/2 and sy2Si/2; California N q . 33 small tract act of June 1, 1938, cited Sec. 13, N E 14 , Ey2wy2, Ny2SE&, and above, until 10:00 a. m. on June 13,1946. S W ^ S E i4 ; SAN BERNARDINO MERIDIAN At that time such land shall, subject to Sec. 15, Ey2 and NW y4; T. 2 N„ R. 8 E., valid existing rights and the provisions of Sec. 23, SEi/4; Sec. 11, Ey2SEi4; Secs. 25 and 26; existing withdrawals, become subject to Sec. 12, SW1 4 SW 1 4 . Sec. 27, Ey2; application, petition, location, or selec­ . Sec. 31, sy2; , The areas described aggregate 23,675.19 tion as follows : - Sec. 32, Sy2; acres. (a) Ninety-day period for other pref­ Sec. 33, S % ; erence-right filings. For a period of 90 Sec. 34, N 1/2 NE 14 and S W ^ . 2. These lands are located in a desert area "about 140 to 150 miles east of Los days from 10:00 a. m. on June 13, 1946, (Subject to right-of-way for Telephone and Angeles near the southern boundary of to close of business on September 11, Telegraph, Line, Los Angeles 047694, as to San Bernardino County. Tps. 1 N., Rs. 1946, inclusive, to (1) application under " the tracts invaded thereby in secs. 7, 11, the small tract act df June 1, 1938, by and 12, act of March 4, 1911, 36 Stat. 1253.) 10 and 11 E., and T. 1 S.', R. 9 E„ are Immediately north of the Joshua Tree qualified veterans of World War II, for T. 1 N., R. 11 E., National Monument, and the remainder whose service recognition is granted by Secs. 5 and 6; of the lands within 12 miles of the Monu­ the act of September 27, 1944 (58 Stat. Sec. 7, lots 1, 2 of N W ^, Ny2 lots 1, 2 of 747, 43 U.S.C. secs. 279-283), subject to SW>/4, and Ey2; ment. All the lands are located within the Twentynine Palms community, the requirements of applicable law, and Sec. 8, N & and S W % ; (2) application under any applicable pub­ Sec. 9, N% and SE 1 4 ; named for the original oasis "which long Sec. 10, SW^NW^ and sy2; has been a feature of this region, and lic land law, based on prior existing valid Secs. 13, 14, and 15; adjoin or are near other public domain settlement rights’ and preference rights Sec. 17, NWi/4 and Sy2; previously classified for leasing under the conferred by existing laws or equitable Sec. 18, Sy2 lots 1, 2 of NW^4, Ni/2 lots 1, 2 small tract program. U.*S. Highway 60- claims subject to allowance and confir­ ' of sw^4, NE’4, and Ny2SEiA; mation. Applications by such vétérans, Sec. 20; 70 from Los Angeles connects with a macadam road about 13 miles east of shall be subject to claims of the classes Sec. 21, Ny2 and Ny2Sy2; described in subdivision (2). Sec. 22, Ny2 and Ny2Sy2; Banning to Twentynine Palms. Many (b) Secs. 23, 24, 29, and 30; of the roads from Twentynine Palms are Advance period for simultaneous Sec. 31, Ni/2 lots 1, 2 of NWi4, Sy2 lots 1, graded gravel and can be traveled preference-right filings. All applications 2 of swyi, Ny2NEy4, and Sy2SE>4; throughout the year. The lands are by such veterans and persons claiming Sec. 32, sy2swy4. within a rather broad alluvial valley, ex­ preference rights superior to those of such veterans filed on or after 8:30 a. m. (Subject to right-of-way for Telephone and cept those in T. 1 S., R. 9 E., which are Telegraph Line, Los Angeles 047694, as to located in Pinto Cove at the base of the on March 4, 1946, together with those the tracts invaded thereby in secs. 7 to 10, northern extremities of the Pinto Moun­ presented at 10:00 a. m. on May 24,1946, inclusive, act of March 4, 1911, 86 Stat. tains. The lands involved range in ele­ shall be treated as simultaneously filed. 1253) vation from 1,300 to 2,300 feet above sea (c) Date for nonpreference-right fil­ For all of the purposes mentioned in the level. ings authorized by the public-land laws. act except camp and business. 3. Water for the entire area is ob­ Commencing at 10:00 a. m. on September 12, 1946, any of the land remaining un­ S m a l l T ract C lassification N o . 75 tained from ground water supplies. The group of springs located in the south- appropriated shall become'subject to ap­ California No. 33 central portion of T. 1 N., R. 9 E., have plication under the small tract act by the SAN BERNARDINO MERIDIAN furnished a dependable supply of good public generally. T. 1 N „ R. 8 E., quality water for many years. Water (d) Advance period for simultaneous Secs. 2 and 3; has been obtained from tfells throughout nonpreference-right filings.. Applica­ Sec. 4, E>/2; \ _ the area ranging in depth from 30 to 275 tions under the small tract act by the Sec. 10, wy2 and SEi4; feet. The depth to water under the clas­ general public filed on or after 8:30 a. m. Sec. 11, NE^, E^SW ^i, and SE^; sified lands cannot be very accurately on March 4, 1946, together with those Sec. 13, Ny2NWi/i. determined due to the presence of nu­ presented at 10:00 a. m. on August 23, (Subject to right-of-way for Telephone and merous faults and because only a few 1946, shall be treated as simultaneously Telegraph Line, Los Angeles 047358, as to wells have been drilled in these town­ filed. the tracts invaded thereby in sec. 11, act of 6. Veteran? shall accompany their ap­ M arch 4, 1911, 36 Stat. 1253) ships. The cost of drilling and equip­ ping the deeper wells probably will be plications with certified copies of their T. 2 N„ R. 8 E„ certificates of discharge, or other satis­ found to be more feasible as a group Sec. 11, w y 2SEi4; factory evidence of their military or Sec. 12, NE54, N i/ jN W 1/«, N ^ S E ^ , and undertaking rather than by individual naval service. Persons asserting prefer­ SR&SE%; action. Water from developed wells is ence rights, through settlement or other­ Sec. 23, E^4; sold and delivered locally. This is a wise, and those* having equitable claims, Sec. 24, W y2. common practice in the vicinity df these shall accompany their applications by FEDERAL REGISTER, Friday, April 19, 1946 4343 duly corroborated affidavits in support R. 8 E., shall start in the S W ^ S W 1/^ sec. these regulations insofar as they require thereof, setting forth in "detail all facts 1 2 at the northeast corner of this sub­ the recording of the hours worked each relevant to their claims. division, and from each of these starting day, provided that the employer has used 7. All applications for the lands re­ points each additional unit leased shall such means as are reasonably available ferred to in paragraphs 4 and 5, which adjoin a leased tract in order to facili­ to determine that the hours actually shall be filed in the District Land Office tate consolidation of the business center. worked by such an employee have been at Los Angeles, California, shall be acted A deviation from this practice will be accurately recorded. upon in accordance with the regulations permitted, however, if circumstances ‘All objections, protests or statements contained in § 295.8 of Title 43 of the arise where it would be advisable to have in opposition to or in support of the pro­ Code of Federal Regulations (Circ. 324, a particular type of business separated posed amendment should be filed in May 22, 1914, 43 L. D. 254), to the extent from the main business center. writing with the Administrator of the that such regulations are applicable. 11. All inquiries relating to these lands Wage and Hour Division, 165 West 46th Applications under the small tract act of shall be addressed to the Register, Dis­ Street, 19, New York, within June 1, 1938, shall be governed by the trict Land Office, Los Angeles 12, Cali­ 15 days following the publication of this regulations contained in part 257 of Title fornia. notice. 43 of the Code of Federal Regulations. . Lessees under the small tract act F red W . J o h n s Kj n , Signed at New York, New York, this 8 Commissioner. . of June 1,1938, will be required, within a 10th day of April 1946. reasonable time after execution of the [F. R. Doc. 46-6538; Filed, Apr. 18, 1946; L , M e t c a l f e W a l l i n g , lease, to construct upon the leased land, 10:08 a. m .] Administrator. to the satisfaction of the Commissioner [F. R. Doc. 46-6511; Filed, Apr. 17, 1946; of the General Land Office, improvements 2:23 p. m .] which under the circumstances are pre­ sentable, substantial, and appropriate for DEPARTMENT OF LABOR. the use for which the lease is issued. Wage and Hour Division. Leases will be for a period of five years, at an annual reptal of $5 for home, Cabin, R eco rd o f W o r k in g H o u r s b y E m p l o y e e s CIVIL AERONAUTICS BOARD. i n P u l p w o o d O p e r a t io n s health, convalescent, and recreational [Dockets Nos. 2237 and 2251] sites, payable yearly in advance. The NOTICE OF OPPORTUNITY TO SHOW CAUSE rental for business sites will be in accord­ U n it e d A ir L i n e s , I n c . ; C a t a l in a A ir W ITH RESPECT TO PROPOSED AMENDMENT ance with a schedule of graduated T r a n s p o r t In the matter of the amendment to the charges based on gross income, with a NOTICE OF HEARING minimum charge of $2 0 , payable yearly record keeping regulations, Part 516, is­ in advance, the remainder, if any, to be sued pursuant to authority containecLin In the matter of the application, under paid within 30 days after each yearly section 11 (c) of the Fair Labor Stand­ sections 408 and 412 of the Civil Aero­ anniversary of the lease. ards Act of 1938. nautics Act of 1938, as amended, for ap­ 9. The land covered by applications Notice is hereby given of opportunity to proval of agreements. filed subsequent to 8:30 a. m. on March 4, show cause why the following proposed Notice is hereby given, pursuant to the 1946, will be leased in tracts of approx­ amendment to Title 29, Chapter V, Code Civil Aeronautics Act of 1938, as imately 5 acres each with dimensions of of Federal Regulations, Pari; 516, issued amended, particularly sections 408 and about 330 by 660 feet where the applica­ September 15,1941, pursuant to authority 412, in the above-entitled proceeding, tions describe the tract in accordance coritained in section 11 (c) of the Fair that hearing is assigned for April 22, with the regulations (43 CFR 257.16, Labor Standards Act of 1938, should not 1946, at 2 p.-m.^(eastern standard time) 257.17), except that the land classified be adopted by the Administrator: in Room 5417 of the Department of Commerce Building, Washington, D. C., for business and for combination home § 516.2 (b) Record of hours worked by before Examirier Edward T. Stodola. and business will be leased - in l^ -a cre unsupervised employees engaged in tracts approximately 165 by 330 feet. woods operations on pulpwood, including Dated April 16^ 1946. The longest dimensions of all such tracts the hauling of pulpwood in or from the By the Civil Aeronautics Board. shall extend as follows: woods. An employer of an employee who F red T o o m b s , In T .'l N., R.-8 E., north and south; is employed in woods operations on pulp­ A. In Tps. 1 N., Rs. 10 and 11 E., north and wood, including the hauling of pulpwood Secretary. south;" in or from the woods, away from super­ [F. R. Doc. 46-6542; Filed, Apr. 18, 1946; In Tps. 2 N„ Rs. 8 and 9 E., east and west; vision under circumstances in which it is 10:50 a. m.J In T. 1 S., R. 9 E., east and west. impracticable or impossible for the em­ but where only one 5-acre tract in a i0- ployer to ascertain the number of hours worked by the epiployee in any way other acre subdivision is embraced in a prefer­ FEDERAL COMMUNICATIONS COM­ ence-right application mentioned in par­ than on" the representation of such em­ MISSION. agraph 4, the register is authorized to ployee, may instruct and require such accept an application for the remaining employee to enter on an appropriate [Docket No. 6915] 5-acre tract extending in the same di­ form, furnished by the employer, the P . C . W il s o n - rection so as td fill out the subdivision, number of hours the employee has notwithstanding the direction of the worked <¿n each day during the workweek. ORDER DESIGNATING APPLICATION FOR CON­ tract may be contrary to that specified The employer shall give full and de­ SOLIDATED HEARING ON STATED ISSUES 'Just above for the particular township. tailed instructions to such employee with In re application of P. C; Wilson, Can­ 10 . Leasing under applications filed respect to the entries to be made on the ton, Ohio, for construction- permit. subsequent to 8:30 a. m. on March 4, form to the end that the employee may Docket No. 6915, File No. B2-P-4117. 1946, for business and for combination fully understand the nature and purpose At a session of the Federal Communi­ home and business purposes of the of the report as the basis for determining cations Commission, held at its offices in SE1/4SE1/4 see. 13, T. I N , R. 10 E., shall Washington, D. C., on the 27th day of start at the corner common to secs. 13 the straight-time and overtime compen­ sation to be paid to him and the necessity Mar#h, 1946; and 24 of that township and secs. 18 arid The Commission having under con­ 19, T. l N., R. 11 E.; such leasing of the for completeness and accuracy of the en­ tries to be made by the employee. Such sideration the above application of P. C. SV2 lots 1, 2 of SWy4 and S ^ S E ^ Wilson, for a permit to construct a néw sec. 18 and Ny2 and SEy4 sec. 19, T. 1 a record, when signed by the employee standard broadcast station at* Canton, N., R. l l e ., shall start in the SW 1/4 SW 1/ 4 as a true and accurate statement of the Ohio; sec. 18 and iu the N W 1/4NW 1/4 sec. 19 at hours he has worked, shall be kept and I t is ordered, That the said application the comer common to secs. 1 ST and 24, preserved by the employer and, with re­ be designated for hearing in a consoli­ T. 1 N., R. io E., and secs. 18 and 19, T. spect to the hours worked by the em­ dated proceeding with the application of 1N., R. l i e . ; such leasing of the EV2 SE14 ployee away from supervision, shall be W. J. Marshall, , Ohio (File No. sec. 11.and S W & S W ^ sec. 12, T. 2 N., considered to meet the requirement of B2-P-4497), upon the following issues: 4344 FEDERAL REGISTER, Friday, April 19, 1946

1. To determine the legal, technical, 1. To determine the legal, technical, The Commission having under con­ financial, and other qualifications of the financial, and other qualifications of the sideration the above entitled application applicant to construct and operate the applicant; of *OJAI Broadcasting Company for a proposed station. 2. To determine the arèas and popu­ construction permit (File No. B5-P-4463) 2. To determine the areas and popula­ lations which may be expected to gain for a new standard broadcast station at tions which may be expected to gain primary service from the operation of the Ventura, California, to be operated on primary service from the operation of proposed station and the character of 1590 kilocycles, with power of 1 kilowatt, the proposed station and the character other broadcast service available to those unlimited time; of other broadcast service available to areas and populations. It is ordered, That the said applica­ those areas and populations. 3. To determine the type and charac­ tion be designated for hearing in a con­ 3. To determine the type and character ter of program service proposed to be solidated proceeding with the applica­ of program service proposed to be ren­ rendered and whether it would meet the tion of Walter L. Edwards, Porterville, dered and whether it would meet the re­ requirements of the areas and popula­ California (Pile No. B5-P-4545; Docket quirements of the areas and populations tions proposed to be served. No. 7470) upon the following issues: proposed to be served. 4. To determine whether the operation 1. To determine the legal,, technical, 4. To determine whether the operation of the proposed station would involve ob­ financial, and other qualifications of the of the proposed station would cause ob­ jectionable interference with the service applicant corporation, its officers, direc­ jectionable interference with the service proposed in the pending application of tors, and stockholders to construct and proposed in the pending application of OJAI Broadcasting Company, Ventura, operate the proposed station. W. J. Marshall, Cleveland, Ohio (Pile No. California (Pile No. B5-P-4463, Docket 2. To determine the areas and popu­ B2-P-4497), and/or with any other pend­ No. 7469) or any other pending applica­ lations which may be expected to gain ing applications for broadcast facilities, tion for facilities in' the United Stated primary service from the operation of the and if so, the nature and extent thereof, and, if so, the nature and extent thereof, proposed station and the character of the areas and populations affected there­ the areas and populations affected there­ other broadcast service available to those by, and the availability of other broad­ by, and the availability of other broad­ areas and populations. cast service to such areas and popu­ cast service to such areas and popula­ 3. To determine the type and char­ lations. tions. acter of program service proposed to be 5. To determine whether the operation 5. To determine whether the opera­ rendered and whether it would meet of the proposed station would involve tion of the proposed station would in­ the requirements of the areas and popu­ objectionable interference with services volve objectionable interference with a lations proposed to be served. rendered by any existing broadcast sta­ proposed.Class III broadcast station, as 4. To determine whether the operation tion and, if so, the nature and extent defined in the North American Regional of the proposed station would involve ob­ thereof, the areas and populations af­ Broadcasting Agreement, to be operated jectionable interference with the serv­ fected thereby, and the availability of at Tijuana, B. C., Mexico, on 1590 kilo­ ice proposed in the pending application other broadcast service to such areas cycles, and the nature and extent of any of Walter L. Edwards (Pile No. B5-P- and populations. such interference. 4545, Docket No. 7470) or any other pend­ 6. To determine whether the installa­ 6. To determine whether the opera­ ing application for facilities in the tion arid opeFation of the proposed sta­ tion of the proposed station would in­ United States and, if so, the nature and tion would be in compliance with the volve objectionable interference with extent thereof, the areas and populations Commission’s rules and Standards of any existing stations, and, if so, the. na­ affected thereby, and the availability of Good Engineering Practice concerning ture and extent thereof, the areas and other broadcast service to such areas and standard broadcast stations. populations affected thereby, and the populations. 7. To determine upon a comparative availability of other broadcast service 5. To determine whether the operation basis which, if either, of the applications to such areas and populations. of the proposed station would involve ob­ in this consolidated proceeding, should 7. To determine whether the installa­ jectionable interference with a proposed be granted. tion and operation of the proposed sta­ Class III broadcast station, as defined in By the Commission. tion would be in compliance with the the North American Regional Broadcast­ Commission’s rules and Standards of ing Agreement, to be operated at Tijuana, [ s e a l ] T . J. S l o w i e , Good Engineering Practice concerning B. C., Mexico, on 1590 kilocycles, and Secretary. standard broadcast stations. the nature and extent of any such inter­ [P . R. Doc. 46-6482; Filed, Apr. 17, 1946; 8. To determine whether the erection ference. • 11:66 a. m .] of the antenna system proposed would 6. To determine whether the operator be consistent with existing Civil Aero­ of the proposed station would involve ob­ nautics Administration requirements. jectionable interference with any existing [Docket No. 7470] 9. To determine on a comparative stations, and, if so, the nature and ex­ basis which, if either, of thes applications W a l t e r L . E d w a r d s tent thereof, the areas and populations in this consolidated proceeding should affected thereby, and the availability of ORDER DESIGNATING APPLICATION FOR CON­ be granted. other broadcast service tasuch areas and SOLIDATED HEARING ON STATED ISSUES By the Commission. populations. , In re application of Walter L. Edwards 7. To determine whether the installa­ [ s e a l ] t . J. S l o w i e , Porterville, California; for construction tion and operation of the proposed sta­ Secretary permit; Docket No. 7470, Pile No. B5-P- tion would be in compliance with the 4545. [F. R. Doc. 46-6483; Filed, Apr. 17, 1946; Commission’s rules and Standards of. At a session of the Federal Communi­ 11:56 a. m.] Good Engineering Practice concerning cations Commission held at its offices in standard broadcast stations. Washington, D. C., on the 27th day of March, 1946; 8. To determine whether the erection The Commission having under consid­ [Docket No. 7469] of the antenna system proposed would be consistent with existing Civil Aeronautics eration the above application of Walter OJAI B roadcasting Co. L. Edwards to construct a new standard Administration requirements. broadcast station at Porterville, Cali­ ORDER DESIGNATING APPLICATION FOR CON­ 9. To determine on a comparative basis fornia, to be operated on the frequency SOLIDATED HEARING ON STATED ISSUES which; if either, of the applications in 1590 kilocycles, with power of 1 kilowatt, In re application of OJAI Broadcasting this consolidated proceeding should be unlimited time; Company, Ventura, California; for con­ granted. It is ordered, That the said applica­ struction permit; Docket No. 7469; Pile tion be designated for hearing in a con­ No, B5-P-4463. By the Commission. m solidated proceeding with the applica­ At a session of the Federal Communi­ [ s e a l ] T. J. S l o w i e , tion of OJAI Broadcasting Company, cations Commission, held at its offices in Secretary. Ventura, California .(Pile No. B5-P-4463; Washington, D. C., on the 27th day of [F. R. Doc. 46-6484; Filed, Apr. 17, 1946; Docket No. 7469) on the following issues; March 1946; 11:56 a. m .] FEDERAL REGISTER, Friday, April 19, 1946 4345

[Docket No. 7482] proceedings be, and they are hereby Good Engineering Practice concerning

M o b il e B roadcasting C o . amended, to include the application of standard broadcast stations. Sam J. Ripps and Joseph Gardberg d/b 7. To determine on a comparative ORDER DESIGNATING APPLICATION FOR CON­ as Mobile Broadcasting Company (File basis which, if either, of the applications SOLIDATED HEARING ON STATED ISSUES No. B3-P-3828, Docket No. 7482). in this consolidated proceeding should be granted. In re application of Sam J. Ripps and By the Commission, v Joseph Gardberg, d/b as Mobile Broad­ By the Commission. casting Company, Mobile, ; for [ s e a l ] T. J. S l o w i e , construction permit; File No. B3-P- Secretary. [ s e a l ] T. J. S l o w i e , Secretary. 3828; Docket No. 7482. [F. R. Doc. 46-6491; Filed, Apr. 17, 1946; At a session of the Federal Communi­ 11:57 a. m .] [F. R. Doc. 46-6485; Filed, Apr. 17, 1946; cations Commission, held at its offices 11:56 a. m .] in Washington, D. C. on the 27th day of March 1946; The Commission having under con­ [Docket No. 7485] [Docket No. 7488] sideration an application for construc­ L iv in g s t o n B roadcasters tion permit (File No. B3-P-3828, Docket r u b C i t y B roadcasting . C o . No. 7482) of Sam J. Ripps and Joseph order designating application f o r c o n ­ ORDER DESIGNATING APPLICATION FOR CON­ Gardberg, d/b as Mobile Broadcasting s o l id a t e d HEARING ON STATED ISSUES SOLIDATED HEARING ON STATED ISSUES Company, for a new standard AM broad­ In re application of Edward J. Jansen, In re application of Hub City Broad­ cast station at Mobile, Alabama; Jessica L. Longston, d/b as Livingston casting Company, Jackson, Tennessee. It is ordered, That this application be Broadcasters (a partnership), Livings­ For construction permit. Filed No. B3- designated for hearing in a consolidated ton, for construction permit; F-4523. -Docket No. 7488. proceeding with the applications for con­ File No. B5-P-4539, Docket No. 7485. At a session of the Federal Communi­ struction permit of Gulf Broadcasting At a session of the Federal Communi­ cations Commission, held at its offices in Company Inc. (File No. B3-P-3728, cations Commission, held at its offices in Washington, D, C., on the 27th day of Docket No. 7313) and Gillette Burton Washington, D. C., on the 27th day of March 1946; and Jesse Gilbert Burton Jr., a partner­ March 1946. The Commission having under con­ ship, known as Burton Broadcasting The Commission having under consid­ sideration an application for construc­ Company (File No. B3-P-4233, Docket eration an application for construction tion pertnit (File No. B3-P-4523, Docket No. 7314) on the following issues: permit (File No.J35-P-4539, Docket No. No. 7488) of Hub City Broadcasting Com­ 1. To determine the legal, technical, 7485) of Edward J. Jansen, Jessica L. pany for a new standard AM broadcast financial and other qualifications of the Longston, d/b as Livingston Broadcasters station at Jackson, Tennessee; applicant and its members to construct (a partnership) for a new standard AM It is ordered, That this application pe and operate the proposed station. broadcast station at Livingston, Mon­ designated for hearing in a consolidated 2. To determine the areas and popula­ tana; proceeding with the applications for con­ tions which would gain primary service It is ordered, That this application be struction permits of Jackson Broadcast­ through the operation of the proposed designated for hearing in a consolidated ing Company (File No. B3-P-3792, Docket station and what other broadcast serv­ proceeding with the application for con­ No. 7487) and George Arthur Smith ices are available to those areas and struction permit of Yellowstone Amuse­ (File No. B3-P-4580, Docket No. 7489) populations. ment Company (B5-P-4565, Docket No. on the following issues: 3. To determine the type and char­ 7486) on the following issues: 1. To determine the legal, technical, acter of program service proposed to be 1. To determine the legal, technical, financial and other qualifications of the rendered and whether it would meet the financial and other qualifications of the applicant and its members to construct requirements of the areas and popula­ applicant partnership and its members to and operate yie proposed station. tions proposed to be served. construct and operate the proposed 2. To determine the a^eas and popula­ 4. To determine whether the opera­ station. tions which wouljj gain primary service tion of the proposed station would in­ 2. To determine the areas and popu­ through the operation of the proposed volve objectionable interference with the lations which would gain primary service station and what other broadcast serv­ service of any existing broadcast station, through, the operation of the proposed ices are available to those areas and the nature and extent of any such in­ station and what other broadcast serv­ populations. terference, the areas and populations af- ices are available to those areas and 3. To determine the type and character ■ fected thereby, and the availability of populations. of program service proposed to be ren­ other broadcast service to such areas 3. To determine the type and charac­ dered and whether it would meet the re­ and populations. ter of program service proposed to be quirements of the areas and populations 5. To determine whether operation of rendered and whether it would meet the proposed to be served. the proposed station would involve objec­ requirement's of the areas and popula­ 4. To determine whether the opera­ tionable interference with the service of tions proposed to be served. tion of the proposed station would in­ the station proposed in any pending ap­ 4. To determine whether the operation volve objectibnable interference with the plications, the nature and extent of any of the proposed station would involve ob^ service of any existing broadcast station, such interference, the areas and popula­ jectionable interference with the service the nature and extent of any such in­ tions affected thereby, and the avail­ of any existing broadcast station, the na­ terference, the areas and populations af­ ability of other broadcast service to such ture and extent of any such interference, fected thereby, and the availability of areas and populations. the areas and populations affected other broadcast service to such areas and 6. To determine whether the installa­ thereby, and the availability of other populations. tion and operation of the proposed sta­ broadcast service to such areas and 5. To determine whether operation of tion would be in compliance! with the populations. the proposed station would involve ob­ Commission’s rules and Standards of 5. To determine whether operation of jectionable interference with the service Good Engineering Practice -Concerning the proposed station would involve objec­ of the station proposed in any pending Standard Broadcast Stations. tionable interference with the service of applications, the nature and extent of 7. To determine whether the erection the station proposed in any pending ap­ any such interference, the areas and of the antenna system proposed herein plications, the nature and extent of any populations affected thereby, and -the would be consistent with Civil Aeronau­ such interference, the areas and popula­ availability of other broadcast service tics Administration requirements. tions affected thereby, and the avail­ to such areas and populations. 8. To determine on a comparative ability of other broadcast service to such 6. To determine whether the installa­ basis, which, if any, of the applications areas and populations. tion and operation of the proposed sta­ in this consolidated proceeding should be 6. To determine whether the installa­ tion would be in compliance with the granted. tion and operation of the proposed sta­ Commission’s rules and Standards of It is further ordered, That the bill of tion would be in compliance with the Good Engineering Practice concerning particulars heretofore issued in these Commission’s rules and Standards of Standard Broadcast Station. 4346 FEDERAL REGISTER, Friday, April 19, 1946

7. To determine on a comparative consolidated proceeding should be in this consolidated proceeding should basis, which, if any, of the applications granted. be granted. in this consolidated proceeding should be By the Commission. granted. By the Commission. By the Commission. [ s e a l ] -T . J. S l o w i e , [ s e a l ] T. J. S l o w i e , Secretary.< Secretary. [ s e a l ] T . J. S l o w i e , [F. R. Doc. 46-6487; Filed, Apr. 17, 1946; [F. R, Doc. 46-6488; Filed, Apr. 17, 1946; Secretary. « 11:56 a. m .] 11:56 a. m .] [F. R. Doc. 46-6486; Filed, Apr. 17, 1946; 11:56 a. m .]

[Docket No. 7483] [Docket No. 7487] [Docket Na. 7489] J a c k s o n B roadcasting C o . C i t i z e n ’s B roabcasting Co. G eo rge A r t h u r S m i t h ORDER DESIGNATING APPLICATION FOR CON­ ORDER DESIGNATING APPLICATION FOR CON­ ORDER DESIGNATING APPLICATION FOR CON­ SOLIDATED HEARING ON STATED ISSUES SOLIDATED HEARING ON STATED ISSUES SOLIDATED HEARING ON STATED ISSUES In re application of Jackson Broad­ In re application of Citizen’s Broad­ In re application of George Arthur casting Company, Jackson, Tennessee, casting Company, Abilene, ; for Smith, Jackson, Tennessee; for construc­ for construction permit; File No. B3-P- construction permit; Docket No. 7483’ tion permit; File No. B3-P-4580; Docket 3792; Docket No. 7487. File No. B3-P-4637. No. 7489. At a session of the Federal Communi­ At a meeting of the Federal Communi­ At a session of the Federal Communi­ cations Commission, held at its offices cations Commission held at its offices in cations Commission, held at its offices in in Washington, D. C. on the 27th day of Washington, D. C., on March 27,1946; Washington, D. C., on the 27th day of March 1946; The Commission having undeç consid­ March, 1946; The Commission having under con-, eration the petition of Citizen’s Broad­ The Commission having under consid­ sideratlon an application for construc­ casting Company, Inc., requesting that eration an application for construction tion permit (File No. B3-P-3792, Docket its application for construction permit permit (File No. B3-P-4580, Docket No. No. 7487) of Jackson Broadcasting Com­ for a new standard AM broadcast station 7489) of George Arthur Smith for a new pany for a new standard AM broadcast at Abilene, Texas, using 1340 kc, 250 standard AM broadcast station at Jack- station at Jackson, Tennessee; __ watts, unlimitèd time, be designated for son, Tennessee; It is ordered, That this application be hearing in a consolidated proceeding; It is ordered, That this application be designated for hearing in a consolidated It is ordered, That the petition be, and designated for hearing in a consolidated proceeding with the applications for con­ it is hereby, granted, and the applica­ proceeding with the applications for con­ struction permits of Hub City Broad­ tion of Citizen’s Broadcasting Company struction permits of Jackson Broadcast­ casting Company (File No. B3-P-4523, (File No. B3-P-4637, Docket No. 7483) ing Company (File No. B3-P-3792, Docket No. 7488) and George Arthur be and it is hereby designated for hear­ Docket No. 7487) and Hub City Broad­ Smith (File No. B3-P-4580, Docket No. ing in consolidation with the applica­ casting Company (File No. B3-P-4523, 7489) on the following issues: tions of Ingham S. Roberts, Joe W. Docket No'. 748§) on the following issues: 1. To determine the legal, technical, Wetherby, B. P. Bindworth, and J. Ed­ 1. To determine the legal, technical, financial and other qualifications of the ward Johnson d/b as Westex Broadcast­ financial and other qualifications of the applicant corporation, its officers, direc­ ing Company (File No. B3-P-4437, applicant to construct and operate the tors and stockholders to construct and Docket No. 7366) and Abilene Broadcast­ proposed station. operate the proposed statical. ing Company (File No. B3-P-4438, 2. To determine the areas,and popula­ 2. To determine the areas and popu­ Docket No. 7367) on the following issues:. tions which woifld gain primary service lations which would gain primary service 1. To determine the legal, technical, through the operation^of the proposed through the operation of the proposed financial and other qualifications of the station and what othe? broadcast serv­ station and what other broadcast serv­ applicant corporation, its officers, direc­ ices are available to those areas and pop­ ices are available to those areas and tors, and stockholders to construct and ulations. populations. operate the proposed station. 3. To détermine the type and character 3. To determine the type and charac­ 2. To determine the areas and popu­ of program service proposed to be ren­ ter of program service proposed to be lations which may be expected to gain dered and whether it would meet the re­ rendered and whether it would meet the primary service from the operation of quirements of the areas and pôpulations requirements of the areas and popula­ the proposed station and what other proposed to be served. tions proposed to be served. broadcast services are available to those 4. To determine whether the operation 4. To determine whether the operation areas and populations. of the proposed station would involve ob­ of the proposed station would involve 3. To determine the type and char­ jectionable interference with the service objectionable interference with the serv­ acter of program service proposed to be of any existing broadcast station, the ice of any existing broadcast station, the rendered and whether it would meet the nature and extênt of any such interfer­ pature and extent of any such interfer­ requirements of the populations and ence, the areas and populations affected ence, the areas and populations affected areas proposed to be served. thereby, and the availability of other thereby, and the availability of other 4. To determine whether the operation broadcast service to such areas and popu­ broadcast service to such areas and pop­ of the proposed sjtation would involve lations. ulations. objectionable interference with the serv­ 5. To determine whether operation of 5. To determine whether operation of ice of any existing broadcast station, the the proposed station^"would involve ob­ the proposed station would involve ob­ nature and extent of any such interfer­ jectionable interference with the service jectionable interference with the service ence, the areas and populations affected of the station proposed in any pending of the station proposed in any pending thereby, and the availability of other applications, the nature and extent of applications, the nature and extent of broadcast service to such areas and pop­ any such interference, the areas and pop­ any such interference, the areas and ulations. ulations affected thereby, and the avail­ populations affected thereby, and the 5. To determine whether the operation ability of other broadcast service to such availability of other broadcast service to of the proposed station would involve ob­ areas and populations. such areas and populations. jectionable interference with the service 6. To determine whether the installa­ 6. To determine whether the installa­ of the station proposed in any pending tion and operation of the proposed sta­ tion and operation of the proposed sta­ applications, the nature and extent of any tion would be in compliance with the tion would be in compliance with the such interference, the areas and popu­ Commission’s rules and Standard of Commission’s rules and Standards of lations affected thereby, and the avail­ Good Engineering Practice concerning Good Engineering Practice concerning ability of other broadcast service to such Standard Broadcast Stations. Standard Broadcast Stations. areas and populations. 7. To determine on a comparative basis, 7. To determine on a comparative 6. To determine whether the installa­ which, if any, of the applications in this basis, which, if any, of the applications tion and operation of the proposed sta- FEDERAL REGISTER, Friday, A p ril 19, 1946 4347

tion would be in compliance with the Good Engineering Practice Concerning 6. To determine whether the installa­ Commission’s rules and Standards of Standard Broadcast Stations. tion and operation of the proposed sta­ Good Engineering Practice concerning 7. To determine on a comparative tion would be in compliance with the standard broadcast stations. basis, which', if either, of the applica­ Commission’s rules and Standards of 7. Tò determine on a comparative tions in this consolidated proceeding Good Engineering Practice Concerning basis, which, if any, of the applications should be granted. Standard Broadcast Stations. 7. To determine on a comparative ba­ in this consolidated proceeding should be By the Commission. granted. - sis, which, if any, of the applications in [ s e a l ] T. J. S l o w i e , this consolidated proceeding should be By the Commission. Secretary. granted. [ s e a l ] T. J. S l o w i e , [F. R. Doc. 46-6490; Filed, Apr. 17, 1946; It is further ordered, That the Bill of Secretary. 11:57 a. m .] Particulars heretofore issued in these [P. R. Doc. 46-6489; Piled, Apr. 17, 1946; proceedings, be, and they are hereby, 11:56 a. m .] amended, to include the application of Northern Virginia Broadcasters, Inc. . [Docket No. 7476] (File No. B2-P-4604, Docket No. 7476).

N o r t h e r n V ir g i n i a B roadcasters, I n c . By the Commission. [Docket No. 7480] ORDER DESIGNATING APPLICATION FOR CON­ [ s e a l ] T. J. S l o w i e , D i c k i n s o n P u b l i s h i n g C o . SOLIDATED HEARING ON STATED ISSUES Secretary. ORDER DESIGNATING APPLICATION FOR CON­ In re application of Northern Virginia [F. R. Doc. 46-6492; Filed, Apr. 17, 1946; SOLIDATED HEARING ON STATED ISSUES Broadcasters, Inc.; Arlington, Virginia; 11:57 a. m .} In re application of Dickinson Publish­ for construction permit; File No. B2-P- ing Company, Dickinson, , 4604; Docket No. 7476. for construction permit. Pile No. B4- At a session of the Federal Communi­ [Docket No. 7479] r-4500.. Docket No. 7480. cations Commission held at its offices in At a session of the Federal Communi­ Washington, D. C. on March 27,1946; D i c k i n s o n R a d io A s s n . cations Commission held at its offices in The Commission having under con­ ORDER DESIGNATING APPLICATION FOR CON- . Washington, D. C. on the 27th day of sideration the petition of Northern Vir­ SOLIDATED HEARING ON STATED ISSUES ginia Broadcasters, Inc. requesting that March 1946; In re application of Dickinson Radio The Commission having under consid­ its application for construction permit Association, Dickinson, North Dakota; eration an application for construction for a new standard AM broadcast station for construction permit; File No. B4-P- permit (File No. B4-P-4500, Docket No. at Arlington, Virginia, using 860 kc, 1 kw, daytime, be designated for hearing in a 4586, Docket No. 7479. 7480) of Dickinson Publishing Company At a session of the Federal Communi­ for a new standard AM broadcast station consolidated proceeding; It is ordered, That the petition be, and cations Commission held at its offices in at Dickinson, North Dakota; Washington, D. C., on the 27th day of It is ordered, That this application be it is hereby, granted, and the application of Northern Virginia Broadcasters, Inc. March 1946; designated for hearing in a consolidated The Commission having under consid­ proceeding with the application of Dick­ (File No. B2-P-4604, Docket No. 7476) be, and it is hereby, designated for hear­ eration an application for construction inson Radio Association (File No. B4-P- permit (File No. B4-P-4586, Docket No. 4586, Docket No. 7479) on the following in g in consolidation with the applications of A. S. Abell Company (File No. B2-P- 7479) of Dickinson Radio Association for issues: a new standard AM broadcast station at 1. To determine the legal, technicalf 4297, Docket No. 7338) and Berks Broad­ casting Company (WEEU) (File No. B2- Dickinson, North Dakota; financial and other qualifications of the It is ordered, That this application be applicant corporation, its officers, direc­ P-4380, Docket No. 7339) on the follow­ ing issues: designated for hearing in a consolidated tors and stockholders to construct and proceeding with the application of Dick­ operate the proposed station. 1. To determine the legal, technical, inson Publishing Company (File No. 2. To determine the areas and popu­ financial, and other qualifications of the B4-P-4500, Docket No. 7480) on the fol­ lations which would gain primary serv­ applicant corporation, its officers, direc­ lowing issues: ice through the operation of the proposed tors and stockholders, to construct and 1. To determine the legal, technical, station and what other broadcast serv­ operate the proposed station. financial and other qualifications of ap­ ices are available to those areas and 2. To determine the areas and popula­ plicant corporation, its officers and mem­ populations. tions which may be expected to gain bers to construct and operate the pro­ 3. To determine the type and charac­ primary service from the operation of the posed station. ter of program service proposed to be proposed station and what other broad­ 2. To determine the areas and popu­ rendered and whether it would meet the cast services are availably to those areas lations which would gain primary serv­ requirements of the areas and popula­ and populations. ice through the operation of the pro­ tions proposed to be served. 3. To determine the type and character posed station and what other broadcast 4. To determine whether the opera­ of program service proposed to be ren­ services are available to those areas and tion of the proposed station would in­ dered and whether it would meet the re­ populations. volve objectionable interference with the quirements of the populations and areas 3. To determine the type and charac­ service of any existing broadcast station, proposed to be served. ter of program service proposed to be the nature and extent of any such inter­ 4. To determine whether the operation rendered and whether it would meet the ference, the areas and populations af­ of the proposed station would involve requirements of the areas and popula­ fected thereby, and the availability of objectionable interference with the serv­ tions proposed to be served. other broadcast service to such areas and ice of any existing broadcast station, the 4. To determine whether the opera­ populations. nature and extent of any such interfer­ tion of the proposed station would in­ 5. To determine whether the operation ence, the areas and populations affected volve objectionable interference with the • of the proposed station would involve ob­ thereby, and the availability of other service of any existing broadcast sta­ jectionable interference with the service broadcast service to such areas and tion, the nature and extent of any such of the station proposed in any pending populations. interference, the areas and populations applications, the nature and extent of 5. To determine whether operation of affected thereby, and the availability of any such interference, the areas and the proposed station would involve ob­ other broadcast service to such areas and populations affected thereby, and the jectionable interference with the serv­ populations. availability of other broadcast service to ice of the station proposed In any pend­ 5. To determine whether the opera­ such areas and populations. ing applications, the nature and extent tion of the proposed station would in­ 6. To determine whether the installa­ of any such interference, the areas and volve objectionable interference with the tion and operation of the proposed sta­ populations affected thereby, and the service of the station proposed in any tion would be in compliance with the availability of other broadcast service to pending applications, the nature and ex­ Commission’s rules and Standards of such areas and populations. tent of any such interference, the areas ~No. 77------4 4348 FEDERAL REGISTER, Friday, April 19, 1946

and populations affected thereby, and the 5. To determine whether the operation the nature and extent of any such inter­ availability of other broadcast service to of the proposed station would involve ob­ ference, the areas and populations af­ such areas and populations. jectionable interference with the serv­ fected thereby, and the availability of 6. To determine whether the installa­ ice of the station proposed in any pend­ other broadcast service to such areas and tion and operation of the proposed sta- ing applications, the nature and extent populations. titon would be in compliance with the of any such interference, the areas and 5. To determine whether the opera­ Commission’s rules and Standards of populations affected thereby, -and the tion of the proposed station would in­ Good Engineering Practice Concerning availability of other broadcast service volve objectionable interference with the Standard Broadcast Stations. to such areas and populations. service of the station proposed in any 7. To determine on a comparative ba­ 6. To determine whether the installa­ pending applications the nature and sis, which, if either, of the applications tion and operation of the proposed sta­ extent of any such interference, the in this consolidated proceeding should be tion would be in compliance with the areas and populations affected thereby, granted. Commission’s rules and Standards of and the availability of other broadcast Good Engineering Practice Concerning service to such areas and populations. By the Commission. Standard Broadcast Stations. 6. To determine whether the installa­ [ s e a l ] T. J. S l o w i e , 7. To determine on a comparative tion and operation of the proposed sta­ Secretary. basis, which, if any, of the applications tion would be in compliance with the in this consolidated proceeding should Commission’s rules and Standards of [F. R. Do

fected thereby, and the availability of jectionable interference with the service 4. To determine whether the operation other broadcast service to such areas and of any other existing broadcast station, of the proposed station would involve populations. the nature and extent of any such inter­ objectionable interference with the serv­ 5. To determine whether the operation ference, -the areas and populations af­ ice of any existing broadcast station, the^ of, the proposed station would involve fected thereby, and the availability of nature and extent of any such interfer-* objectionable interference with the serv­ other broadcast service to such areas and ence, the areas and populations affected ice of the station proposed in any pend­ populations. thereby, and the availability of other ing applications, the nature and extent 6. To determine whether operation of broadcast service to such areas and of any such interference, the areas and the proposed station would involve ob­ populations. populations affected thereby, and the jectionable interference with the service 5. To determine whether operation of availability of other broadcast service to of the station proposed in any pending the proposed station would involve ob­ such areas and populations. applications, the nature and extent of jectionable interference with the service 6. To determine whether the installa­ any such interference, the areas and pop­ of the station proposed in any pending tion and operation of the proposed sta­ ulations affected thereby, and the avail­ applications, the nature and extent of tion would be in compliance with the ability of other broadcast service to such any such interference, the areas and Commission’s rules and Standards of areas and populations. populations affected thereby, and the Good Engineering Practice concerning 7. To determine whether the installa­ availability of other broadcast service to Standard Broadcast Stations. tion and operation of the proposed sta­ such areas and populations. 7. To determine on a comparative tion would be in compliance with the 6. To determine whether the installa­ basis, which, if either, of the applications Commission’s rules and Standards of tion and operation of the proposed sta­ in this consolidated proceeding should be Good Engineering Practice concerning tion would be in compliance with the granted. Standard Broadcast Stations. Commission’s rules and Standards of By the Commission. It is further ordered, That KVOS, Inc. Good Engineering Practice concerning licensee of station KVOS, Bellingham, Standard Broadcast Stations. [ s e a l ] T. J. S l o w i e , Washington and Northwestern Auto 7. To determine on a comparative basis, Secretary. Supply Co. Inc., licensee of station which, if either, of any applications in [F. R. Doc. 46-6496; Filed, Apr. 17, 1946; KGHL, Billings, Montana, be and they this consolidated proceeding should be 11:58 a. m .} are hereby made a party to these pro­ granted. ceedings. By the Commission. By the Commission. [Docket No. 7484] [ s e a l ] T. J. S l o w i e , E u g e n e B roadcasters I n c . [ s e a l ] T . J. S l o w i e , Secretary. Secretary. ORDER DESIGNATING APPLICATION FOR CON­ [F. R. Doc. 46-6498; Filed, Apr. 17, 1940; [F. R. Doc. 46-6497; Filed, Apr. 17, 1940; 11:58 a. m .] SOLIDATED HEARING ON STATED ISSUES ll:58x&. m.) In re application of Eugene Broad­ casters Inc., Eugene, Oregon, for con­ struction permit; Pile No. B5-P-4259. [Docket No. 7214} [Docket No. 7486] At a session of the Federal Communi­ S u m m i t R a d io C o r p . (WAKR) cations Commission, held at its offices in Y e l l o w s t o n e A m u s e m e n t C o . Washington, D. C. on the 27th day of NOTICE OF HEARING March, 1946; ORDER DESIGNATING APPLICATION FOR CON­ In re application of Summit Radio The Commission having under consid­ SOLIDATED HEARING ON STATED ISSUES Corporation (W A K R ); date filed Janu­ eration an application for construction In re application of Yellowstone ary 5, 1945; for construction permit to permit (Pile No. B5-P-4259, Docket No. Amusement Company, Livingston, Mon­ make changes in directional antenna for 7484) of Eugene Broadcasters Inc. for a tana, for construction permit. File No. night use and make changes in ground new standard AM broadcast station at B5-P-4565. system; class of service, broadcast; class Eugene, Oregon; At a session of the Federal Communi­ of station, broadcast; location, Akron, It is ordered, That this application be cations Commission, held at its offices in Ohio; operating assignment specified, designated for hearing on the following Washington, D. C., on the 27th day of frequency, 1590 kc; power, 5 kw night,1 issues: March, 1946; 5 kw day; hours of operation, unlim­ 1. To determine the legal, technical, The Commission having under con­ ited. File No. B2-P-3834. financial and other qualifications of the sideration an application for construc­ You are hereby notified that the Com­ applicant corporation, its officers, di­ tion permit (File No. B5-P-4565, Docket mission has examined the application in rectors and stockholders to construct and No. 7486) of Yellowstone Amusement the above-entitled case and has desig­ operate the proposed station. Company for a new standard AM broad­ nated the matter for hearing on the fol­ 2. To determine the areas and popula­ cast station at Livingston, Montana. lowing issues: tions which would gain primary service It is ordered, That this application be 1. To determine the legal, technical, through the operation of the proposed designated for hearing in a consolidated financial and other qualifications of the station and what other broadcast serv­ proceeding with the application for con­ applicant corporation, and its officers, ices are available to those areas and pop­ struction permit of Edward J. Jansen, directors and stockholders to construct ulations. Jessica L. Longston, d/b as Livingston and operate Station W AKR as proposed. 3. To determine the type and charac­ Broadcasters (a partnership) (File No. 2. To determine the areas and popu­ ter of program service proposed to be B3-P-4539, Docket No. 7485) on the fol­ lations which may be expected to gain rendered and whether it would meet the lowing issues: primary service from the proposed op­ requirements of the areas and popula­ 1. To determine the legal, technical, eration of Station W AKR and the char­ tions proposed to be served. financial, and other qualifications of acter of other broadcast service avail­ 4. To determine whether the operation applicant corporation, its officers, direc­ able to those areas and populations. of the proposed station would involve tors and stockholders, to construct and 3. To determine the type and charac­ objectionable interference with the serv­ operate the proposed station. ter of program service proposed to be ice of stations KVOS, Bellingham, Wash­ 2. To determine the areas and popula­ rendered and whether it would meet the ington, and KGHL, Billings, Montana, tions which would gain primary service requirements of the populations and and whether it would receive objection- through the operation of the proposed areas proposed to be served. ^able interference from the latter stations station and what other broadcast serv­ 4. To determine whether the proposed and other existing stations, the nature ices are available to those areas and operation of Station W AKR would in­ and extent of any such interference, the populations. volve objectionable interference with any areas and populations affected thereby, 3. To determine the type and character existing broadcast stations, and if so, the and the availability of other broadcast of program service proposed to" be ren­ nature and extent thereof, the areas and service to such areas and populations. dered and whether it would meet the re­ populations affected thereby, and the 5. To determine whether the operation quirements of the areas and populations of the proposed station would involve ob­ proposed to be served. 1 DA— for night use. 4350 FEDERAL REGISTER, Friday, April 19, 1946

availability of other broadcast service to 2. To determine the type and charac­ It is ordered, That the above-entitled such areas and populations. ter of program service proposed to be applications be, and they are hereby des­ 5. To determine whether the proposed rendered, and whether it would meet the ignated for hearing together in a con­ operation of Station W AKR would in- requirements of the areas and popula­ solidated proceeding on the following . volve objectionable interference with the tions proposed to be served. issues: operation of Station KVGB, Great Bend, 3. To determine the nature, extent and 1. To determine the legal, technical, , as proposed in the application effect of any interference which would financial, and other qualifications of thé of KVGB, Inc. (File No. B4-P-4459; result from the simultaneous operation applicant partnerships, and of the indi­ Docket No. 7473), or with the services of Station KGB as proposed and Station vidual partners thereof to construct and proposed in any other pending applica­ XESA, Culiacan, Sinaloa,. Mexico. operate the proposed stations. tions for broadcast facilities and, if so, 4. To determine whether the opera­ 2. To determine the areas and popu­ the nature and extent thereof, the areas tion of Station KGB as proposed would lations which would gain primary serv­ and populations affected thereby, and result in objectionable interference with ice through the operation of the pro­ the availability of other broadcast sefv- any other existing broadcast station, posed stations and what other broadcast ices to such areas and populations. particularly Stations KSCJ, Sioux City, services are available to those areas and 6. To determine whether the proposed Iowa, and KMO, Tacoma, Washington, populations. installation and operation of Station and if so, the nature and extent thereof, 3. To determine the type and charac­ W AKR would be in compliance with the the areas and populations affected there­ ter of program services proposed to be Commission’s rules and Standards of by, and the character of other broad­ rendered and whether such services Good Engineering Practice concerning cast service available to such areas and would meet the requirements of the areas standard broadcast stations. populations. and populations proposed to be served. 7. To determine whether the erection 5. To determine whether the pro­ 4. To determine whether the operation of the antenna system proposed herein posed operation of Station KGB would of the proposed stations would involve would be consistent with Civil Aeronau-' involve objectionable interference with objectionable interference with any ex­ tics Administration requirements. the services proposed in any pending ap­ isting or proposed broadcast service and The applicant is hereby given the op­ plications for broadcast facilities, and if so, the nature and extent thereof, the portunity to obtain a hearing on such if so, the nature and extent thereof, the areas and populations affected thereby, issues by filing a written appearance in areas and populations affected thereby, and the avail ability of other broadcast accordance with the provisions of § 1.384 and the availability of other broadcast service to such areas and populations. of the Commission’s rules of practice service to such areas and populations. 5. To determine whether the installa­ and procedure. Persons other than the 6. To determine whether the installa­ tion and operation of the proposed sta­ applicant herein, who desire tó be heard tion and operation of, the proposed sta­ tion would be in compliance with the must file a petition to intervene in ac­ tion would be in compliance with the Commission’s rules and Standards of cordance with the provisions of §§ 1.102, Commission’s rules and Standards of Good Engineering Practice concerning 1.141 and 1.142 of the Commission’s rules Good Engineering Practice concerning standard broadcast stations. of practice and procedure. standard broadcast stations. 6. To determine on a comparative The applicant’s address is as follows’: By the Commission. basis which, if either, of the applications Summit Radio Corporation, Radio Sta­ in this*consolidated proceeding should be tion WAKR, First Central Tower, 106 S. [ s e a l ] T. J. S l o w i e , granted. Secretary. Main Street, Akron, Ohio. By,the Commission. Dated at Washington, D. C., April 11, [P. R. Doc. 4'6-6500; Piled, Apr. 17, 1946; 11:58 a. m .] [ s e a l ] T. J. S l o w i e , 1946. Secretary. [ s e a l ] F e d er al C ommunications C o m m i s s i o n , [F. R. Doc. 46-6501; Filed, Apr. 17, 1946; [Docket Nos. 7488 and 7499] T . J. S l o w i e , 11:59 a. m.j Secretary. B l u e V a l l e y C o . a n d G e n e r a l B r o a d c a st­ in g (F. R. Doc. 46-6499; Piled, Apr. 17, 1946; Co. [Docket Nos. 7504 and 7505] 11:58 a. m .] order designating applications fo r c o n ­ A. J. F l e t c h e r a n d N e w s a n d O bserver s o l id a t e d HEARING ON STATED ISSUES P u b l i s h i n g C o . In re applications of Frank E. Fowler, [Docket No. 7497] Craig Siegfried, Cedric Siegfried and ORDER DESIGNATING APPLICATIONS FOR CON­ SOLIDATED HEARING ON STATED ISSUES D o n L ee B roadcasting S y s t e m ( K G B ) Charles Siegfried, a partnership, d/b as The Blue Valley Company, Independ­ In re applications of A. J. Fletcher, ORDER DESIGNATING APPLICATION FOR CON­ ence, ; Docket No. 7498; File No. Greensboro, ; Docket No. SOLIDATED HEARING ON STATED ISSUES B4-P-4597; R. E. Northcutt, W. L. Gill- 7504, File No. B3-P-4513; the News and In re application of Don Lee Broad­ mor, and W. C. Turner, a partnership, Observer Publishing Company, Raleigh, casting System (KGB.), San Diego, Cali­ d/b as General Broadcasting Company, North Carolina; Docket No. 7505, File fornia; for construction permit. File Independence,/ Missouri; Docket No. No. B3-P-4176. For construction permit. No. B5-P-4330. 7499; File No. B4-P-4519. For construc­ At a session of the Federal Communi- At a session of the Federal Communi­ tion permits. catioris Commission held at its offices in cations Commission, held at its offices in At a session of the Federal Com­ Washington, D. C., on the 3rd day of Washington, D. C., on the 3rd day of munications Commission held at its of­ April 1946; April, 1946; fices in Washington, D. C:, on the 3d day The Commission having under consid­ The Commission having under consid­ of April 1946; eration the application of A. J. Fletcher eration the above-entitled application of The Commission having under con­ (File No. B3-P-4513; Docket No. 7504), Don Lee Broadcasting System, (KGB) sideration the application of The Blue for a construction permit for a new requesting authority to increase power, Valley Company (File No. B4-P-4597; standard broadcast station at Greens­ install new transmitter and antenna, and Docket No. 7498), for a construction per­ boro, North Carolina, to operate on 850 change transmitter location; mit for a new standard broadcast station KC, with 1 KW power, daytime; and the Commission having also under considera­ It is ordered, That the said applica­ at Independence, Missouri to operate on the frequency 1510 KC, with power of 1 tion the application of the News and Ob­ tion be, and it is hereby, designated for server Publishing Company (File No. hearing upon the following issues: KW, daytime and the Commission hav­ ing also under consideration the appli­ B3-P-4176; Docket No. 7505), for a con­ 1. To determine the areas and popu­ cation of General Broadcasting Com­ struction permit for a new standard lations which may be expected to gain pany (File No. B4-P-4519; Docket No. broadcast station at Raleigh, North Caro­ or lose primary broadcast service from 7499), for a construction permit for a lina, to operate on 850 KC, with 1 KW the operation of Station KGB as pro­ new standard broadcast station at Inde­ power at night, and 5 KW power during posed, and what other broadcast serv­ pendence, Missouri, to operate on the the day, vunlimited time; ices are available to these areas and frequency 1490 KC, with 250 watts power, It is ordered, That the above-entitled populations. unlimited time; applications be, and they are hereby des- FEDERAL REGISTER, Friday, A pril 19, 1946 4351 ignated fpr hearing together in a con­ nomical domestic press telegraph service You are hereby notified that the Com­ solidated proceeding on the following between New York, N. Y. and Los An­ mission has examined the application in issues: geles, California. the above-entitled case and has desig­ 1. To determine the legal, technical, 3. To determine the nature of the serv­ nated the matter for hearing in consoli­ financial, and other qualifications of the ice proposed to be rendered by applicant, dation with the application of Fort Worth applicants to construct and operate the including the charges, practices, classi­ Broadcasting Company, Fort Worth, proposed- stations. fications or regulations in connection Texas (File No. B3-P-4439, Docket No. 2. To determine the areas and popu­ with such proposed service and the speed, 7369) on the following issues: lations which would gain primary service transmission qualities and scheduled 1. To determine the legal, technical, through the operation ‘of the proposed hours of operation which applicant ex­ financial and other qualifications of the stations and what other broadcast serv­ pects to provide for such proposed service. partnership and the partners to con­ ices are available to those areas and 4. To determine the relative efficiency struct and operate the proposed station. populations. and economy of the proposed domestic 2. To determine the areas and popula­ 3. To determine the type and charac­ press telegraph service between New tions which may be expected to gain pri­ ter of program services proposed _to be York, N. Y. and Los Angeles, California mary service from the operation of the rendered and whether1 such services to be rendered by applicant as compared proposed station and the character of would meet the requirements of the areas with that provided by The Western Union other broadcast service available to those and populations proposed to be served. Telegraph Company. areas and populations. 4. To determine whether the operation 5. To determine the extent to which 3. To determine the type of program of the proposed stations would involve ob­ applicant’s authorized frequencies and service proposed to be rendered and jectionable interference each with the facilities would be used for rendering the whether it would meet the requirements other, or to any other proposed or exist­ proposed service and further to deter­ of the populations and areas proposed to ing broadcast station, and if so, the na­ mine whether applicant’s use thereof is be served. ture and extent thereof, the areas and the most efficient and economical use of 4. To determine whether the operation populations affected thereby, and the such frequencies and facilities. of the proposed station would involve ob­ availability of other broadcast service i). To determine, generally, what effect jectionable interference with any exist­ to such areas and populations. the rendition of the proposed service by ing broadcast stations, and, i f so, the 5. To determine whether the installa­ applicant will have upon the interna­ nature and extent thereof, the areas and. tion and operation of the proposed sta­ tional communications service rendered populations affected thereby, and the tion would be in compliance with the by it, and particularly, whether the use availability of other broadcast services Commission’s rules and Standards of of frequencies by applicant for the pro­ to such areas and populations. Good Engineering Practice concerning posed service will result in interference 5. To determine whether the operation standard broadcast stations. with operations conducted by it on the of the proposed station would involve 6. .To determine on a comparative authorized frequencies used for interna­ objectionable interference with the serv­ basis which, if either, of the applications tional communications service. ices proposed in any pending applica­ in this consolidated proceeding should be 7. To determine any other relevant tions for broadcast facilities, and, if so, granted. facts which would indicate whether or the nature and extent thereof, the areas and populations affected thereby, and By the Commission. not a grant of the above applications would serve public interest, convenience the availability of other broadcast serv­ [ s e a l ] T. J. S l o w i e , or necessity. ice to such areas and populations. Secretary. * The applicant is hereby given an op­ 6. To determine whether the installa­ [P. E. Doc. 46-6502; Piled, Apr. 17, 1946; portunity to obtain a hearing on such tion and operation of the proposed sta­ 11:59 a. m .] issues by filing a written appearance In tion would be in compliance with t*he accordance with the provisions of § 1.384 Commission’s rules and Standards of (a) of the Commission’s rules and regu­ Good Engineering Practice concerning [Docket No.-7510] lations. Persons other than the appli­ standard broadcast stations.

P r e ss W ir e l e s s , I n c . cant who desire to be heard must file a 7. To determine whether the erection petition to intervene in accordance with of the antenna system proposed herein NOTICE OF HEARING the provisions of § 1.102 of the Commis­ would be consistent with Civil Aeronau­ In re applications of Press Wireless, sion’s rules and regulations. tics Administration requirements. Inc., dated November 8, 1945, for modi­ The applicant’s address is as follows: 8. To determine on a comparative fication of licenses to delete special pro­ Press Wireless, Inc., 1475 Broadway, New basis which, if any, of the applications in visions limiting communication between York, N. Y. this consolidated proceeding should be applicants two stations to service mes­ Dated at Washington, D. C., April 10, granted. sages and traffic originating in or des­ The applicant is hereby given the op­ tined to points outside the 48 states, and 1946. portunity to obtain a hearing on such the District of Columbia; class of service, By the Commission. fixed public press; class of stations, issues by filing a written appearance in point-to-point telegraph ; locations, [ s e a l ] T. J. S l o w i e , accordance with the provisions of § 1.384 Hicksville, New York; Los Angeles, Cali­ Secretary. of the Commission’s rules of practice and fornia; Pile Nos. 317-MLH-A, 316- [F. R. Doc. 46-6503; Filed, Apr. 17, 1946; procedure. Persons other than the ap­ MLH-A. 11:59 a .m .] plicant herein and the applicants already You are hereby notified that the Com­ made a party by consolidation, who de­ mission having examined the above-de­ sire to be heard must file a petition to scribed applications, and being unable to [Docket No. 7368] intervene in accordance with the provi­ determine upon examination of such ap­ sions of §§ 1.102, 1.141 and 1.142 of the plications that public interest, conven­ L u c k -M cD o n a l d C o . Commission’s rules of practice and pro­ ience or necessity would be served by cedure. the granting thereof, has designated the n o t ic e o f r a r i n g The Applicant’s address is as follows: matters for hearing for the following In re application of Dr. Leslie Haltom reasons: Luck-McDonald Company, c/o Dr. L. H. Luck and Myron Birdsel “Patt” McDon­ Luck, 806 Houston Street, Fort Worth, 1. To determine whether there is a ald, d/b as Luck-McDonald Company Texas. public need for additional telegraph com­ (n ew ); date filed, November 21,1945; for munication channels for handling do­ construction permit; class of service, Dated at Washington, D. C., April 11, mestic press telegraph traffic between standard broadcast; class of station, 1946. New York, N. Y „ and Los Angeles, Cali­ standard broadcast; location, Port [ s e a l ] F e d e r a l C ommunications fornia which cannot adequately be met Worth, Texas; operating assignment C o m m i s s i o n , by existing wire facilities. specified: Frequency, 1360 kc, power, 1 kw 2. To determine applicant’s financial T. J. S l o w i e , night,1 1 kw day*; hours of operation, Secretary. ability to provide the necessary physical unlimited. Pile No. B3-P-4413. equipment, offices and qualified person­ [F..R. Doc. 46-6504; Filed, Apr, 17, 1946; nel in order to render efficient and eco­ 1D. A.—night and day. 11:59 a. m .] 4352 FEDERAL REGISTER, Friday, April 19, 1946

KELO, Sioux F a l l s , S. D a k .1 prbposed in the WLW decision, and sup­ nical facilities therefor, and the means plement their applications so as to come whereby it proposes to finance this pro­ PUBLIC NOTICE CONCERNING PROPOSED within the framework of the announced gram. ASSIGNMENT OF LICENSE procedure including the provision for 3. The program service which appli­ The Commission hereby gives notice public notice. Pursuant thereto the cant intends to develop and render and that on March 15, 1946, there was filed Commission was advised on April 2,1946, whether, and the extent to which, this with it an application (B4-TC-475) for that notice would be inserted in the service is rendered or could be .rendered its consent under section 310 (b) of the “Daily Argus Leader,” a newspaper of by radio stations in established broad­ Communications Act (47 U.S.C.A. 310) general circulation in Sioux Falls, S. cast services, or by other facilities. to the proposed assignment of license Dak., twice a week for three weeks be­ 4. The frequency or frequencies, power, of standard broadcast station KELO, ginning April 9, 1946, of the proposed and type of emission necessary or ade­ Sioux Falk, , from the assignment of the license and acquisi­ quate technically to conduct the program Sioux Falls Broadcast Association, Inc. to tion by assignee of the properties of of development, experimentation and the Midcontinent Broadcasting Co., KELO. research proposed by applicant. State Theater Building, Sioux Falls, In accordance with the procedure pro­ 5. The type of non-experimental au­ South Dakota. The proposal to assign posed in the WLW decision and that thorization or authorizations, if any, for said license is based upon an agreement announced in the Commission’s release, which applicant proposes to make ap­ of February 27, 1946, entered into be­ no action will be had upon the KELO plication to the Commission, in the event tween Sioux Falls Broadcast Association, application for a period of 60 days from of the grant of its present experimental Inc. and Midcontinent Broadcasting Co. April 9, 1946, within which time other application and the successful outcome pursuant to which the former agreed to persons desiring to apply for the facili­ of its proposed program of experimenta­ sell to the latter all the real.and personal ties involved may do so upon the same tion and development. property of KELO for a consideration of terms and conditions as set forth in the 6. The need for modifying the Com­ above-described contract. $100,000 plus 50 shares of licensee’s com­ mission’s Report of Allocations above 25 mon capital stock qjyned by Sam Fantle, (Sec. 310 (b), 48 Stat. 1086; 47 U.S.C. megacycles, dated May 25, 1945, to per­ mit the assignment of a frequency to ap­ Jr. Of this amount $50,000 in cash and 310 (b )) plicant’s proposed developmental station the 50 shares of stock together with a F ed er al C ommunications in the 25-30 megacycle band, and to per­ promissory note for $50,000 signed by C o m m i s s i o n , mit the establishment of a service con­ purchaser and endorsed by Sam Fantle, [ s e a l ] T. J. S l o w i e , sisting of time-reporting broadcast sta­ Jr. and his wife, Evelyn Fantle, payable Secretary. tions such as that proposed by the ap­ $10,000 a year beginning July Í, 1947, with plicant. 3% interest per annum shall be placed in [F. R. Doc. 46-6481; Filed, Apr. 17, 1946; 11:59 a. m .] escrow with the Northwest Security Na­ [ s e a l ] F e d er al C ommunications tional Bank of Sioux Falls, South Dakota. C o m m is s io n s The selling corporation shall deposit T. J. S l o w i e , with said bank a deed to the realty and [Docket No. 7509] Secretary. bill of sale of the personalty described [F. R. Doc. 46-6505; Filed, Apr. 17, 1946; in the contract. The money deposited E l e c t r o n ic T i m e , I n c . 11:59 a. m.] and note as well as the deed and bill of ORDER DESIGNATING APPLICATION FOR CON­ sale are to be delivered to the respective SOLIDATED HEARING ON STATED ISSUES parties upon the closing date which is to'be not later than 30 days following the In re application of Electronic Time, SECURITIES AND EXCHANGE COM­ effective date of the Order of the Com­ Inc., for construction permit. File No. MISSION. Bl-PEX-87. mission consenting to the transfer. If [File No. 70-1201] within one year from date of the agree­ At a session of the Federal Communi­ ment the Commission has not consented cations Commission held at its offices in T h e M id d l e W e s t C o r p. to the transfer1 or if the Commission has Washington, D. C., on the 10th day of SUPPLEMENTAL ORDER RELEASING April, 1946; denied such consent either party may JURISDICTION cancel the agreement «upon notice. The Commission having under consid­ Within 6 months from closing purchaser eration the application of Electronic At a regular session of the Securities and Exchange Commission, held at its shall remove its office equipment and Time, Inc. (File No. Bl-PEX-87) for a office in the City of , Pa., on other personalty from the premises oc­ construction permit for a developmental cupied by KSOO and separation is to be .AM broadcast station in , the 16th day of April A. D. 1946. The Commission having on February made of other properties between KSOO to broadcast the time of day on a fre­ 12, 1946 and April 2, 1946 issued its and KELO. Further details as to the quency between 25 and 30 megacycles orders herein under section 12 (d) of the arrangements and the application may (to be selected by the Commission) for Public Utility Holding Company Act of be found from an inspection of the papers reception by watch-size receivers capa­ ble of operating only on this frequency; 1935 and Rule U-44 thereunder permit­ on file at the offices of the Commission. ting to become effective the declaration, In the Commission’s decision of Sep­ and It appearing that several individuals as amended, of The Middle West Cor­ tember 6, 1945, granting the application poration (“Middle West” ), a registered for transfer of control of the Crosley have filed with the Commission affidavits protesting the grant of the application holding company, regarding the sale by Corporation (Docket No. 6767), it was it at competitive bidding, pursuant to announced that public hearings would be of Electronic Time, Inc., which affidavits raise a question • regarding the general Rule U-50, of 84,000 shares of common held to consider proposed new rules and stock, par value $1.00 per sharè, of Mid­ regulations for the handling of assign­ qualifications of the applicant to receive the permit applied for; and land Realization Company (“Realiza­ ment and transfer applications including tion Company” ), a registered holding provision for public notice by the appli­ It further appearing that this appli­ cation raises a number of issues which company; and cant and the Commission of the filing of cannot be resolved on the basis of infor­ The Cômmission in said orders having such applications and pertinent details mation now before the Commission; provided that the proposed sale of said in cases where a controlling interest is It is ordered, That this application be, common stock should not be consum­ involved. Thereafter on October 3,1945, and it is hereby, designated for hearing, mated until the results of competitive the Commission also gave public notice for the purpose of determining: bidding have been made a matter of (10 F.R. 12926) that pending the issuance 1. The legal, technical, financial and record in this proceeding and a further of such proposed new rules, hearing other qualifications of the applicant cor­ order entered by this Commission in the thereon, and final adoption, such appli­ poration, and of its officers, directors and light of the record as so completed, juris­ cations would be deferred unless appli­ stockholders to construct and operate diction having been reserved for such cants desired to follow the procedure the proposed station. purpose, and jurisdiction having been 2. The program of development, ex­ reserved in such orders over all fees and 1 Section 1. 364, Part I, Buies of Practice perimentation and research which the expenses to be incurred in connection and Procedure. applicant proposes to conduct, its tech­ with the proposed transaction; and FEDERAL REGISTER, Friday, A pril 19, 1946 4353

Middle West having filed a further By the Commission. [F ile No. 70-1254] amendment to said declaration stating A s s o c ia t e d E l e c t r ic C o . a n d A r iz o n a [ s e a l ] Or v a l L. DuBois, that in accordance with the permission Secretarvi G e n e r a l U t i l it ie s C o . granted in said orders of the Commission it offered the said common stock for sale [F . R. Doc. 46-6506; Filed, Apr. 17, 1946; NOTICE OF FILING pursuant to the competitive bidding re­ 2:21 p. m.] At a regular session of the Securities quirements of Rule U-50 and received the and Exchange Commission held at its following bids: office in the City of Philadelphia, Pa., on the 16th day of April 1946. [File Nos. 54-67, 59-64] • Gross Notice is hereby given that a joint Bid per proceeds to application-declaration has been filed Group heading bid . share middle P e o p l e s L ig h t a n d P o w e r Co. e t a l . west with this Commission pursuant to the supplemental o rder r e g a r d in g s o l ic it a ­ Public Utility Holding Company Act of The First Boston Corp. and t i o n s 1935 by Associated Electric Company Central-Republic Co., Inc.. $36.75 $3,087; 000 (Aelec), a registered holding company Kidder, Peabody & C o...... 34.79 2,922,360 At a regular session of the Securities Lazard Freres & Co...... 34.60 2,906,400 and a subsidiary of General Public Util­ and Exchange Commission held at its ities Corporation, also a registered hold­ office in the City of Philadelphia, Pa., on ing company, and by Arizona General It further appearing that Middle West the 15th day of April, A. D. 1946. Utilities Company (Arizona General) a has accepted the bid of the group of In the matter of Peoples Light and subsidiary of Aelec; and seven firms (“Purchasers” ), headed by Power Company and subsidiary compa­ Notice is further given that any inter­ The First Boston Corporation and Cen­ nies, File No. 54-67; Peoples Light and ested person may, not later than April tral Republic Corporation, Inc., identi­ Power Company, California Public Serv­ 24,1946, at 5:30 p. m., e. s. t., request the fied as follows: i c e Company, Texas Public Service Farm Commission in writing that hearing be Participation Company, Texas Public Service Com­ held on such matter, stating the reasons Purchaser (No. of shares) pany, West Coast Power Corrfpany, File for such request and the nature of his The First Boston Corp______!______15, 900 No. 59-64. Central Republic Company, Inc__— 15,900 interest, or may request that he be noti­ The Commission having by order fied if the Commission should order a Blyth & Co., Ine______15,900 dated September 14, 1945, approved the Dean W itter & Co______- ______15,900 hearing thereon. ,A t any time there­ Lee Higginson Corp______10, 630 plan of Peoples Light and Power Com­ after such application-declaration, as Shields & Co------6,000 pany filed pursuant to section 11 (e) of filed or as amended, may be granted and G. H. Walker & Co______3,770 the Public Utility Holding Company Act permitted to become effective as provided of 1935, which plan, among other things, in Rule U-23 of the rules and regulations 84, 000 provided for holding a meeting of stock­ promulgated pursuant to said act, or the It having been represented by or on holders for the election of a new board of Commission may exempt such transac­ behalf of said Purchasers that it is -the directors and outlined the procedure for tions as provided in Rules U-20 (a) and present intention of each of them to hold the nomination and election of said U-100 thereof. Any such request should the said common stock of Realization directors; be addressed: Secretary, Securities and Company until the dissolution of that The Commission having reserved juris­ Exchange Commission, 18th and Locust company, and to participate in said dis­ diction to review or to pass upon any Streets, Philadelphia 3, . solution to the extent entitled; but that revision of the procedure set forth in the All interested persons are referred to no representation is made to the Com­ plan for the nomination and election of said application-declaration which is on mission, nor is there any arrangement or a new board of directors; file in the offices of said Commission, for understanding among Purchasers that Peoples having requested the Commis­ a statement of the transactions therein such stock will be so retained, but that, sion to clarify the procedure for the nom­ proposed which are summarized as fol­ on the contrary, a public offering may ination and election of directors so as to lows: be made by any or all of said Purchasers specify to what extent, if any, solicita­ Aelec proposes to sell to Graham of their respective holdings of such stock, tions with respect to said nomination and County Electric Cooperative, Inc., and the particularly if the dissolution of Realiza­ election of directors are subject to the Towns of Safford ând Thatcher, Arizona, tion Company is unduly delayed; and provisions of the act and the rules and its entire investment in Arizona General The Commission having examined said regulations promulgated thereunder; for an aggregate base price of $410,000, amendment and having considered the and subject to certain adjustments as pro­ record herein and finding no reason for The Commission deeming it appro­ vided in the contract of sale. As of De­ imposing terms or conditions with re­ priate in the public interest and for the cember. 31, 1945, Aelec’s investment in spect to the price to be paid for said protection of investors and consumers Arizona General consisted/ of $149,500 common stock; and finding that the fees to require that all solicitations with re­ principal amount of 6% first mortgage and expenses incurred by Middle West in spect to the nomination and election of bonds diie December 1, 1945; $86,000 connection with the said proposed sale directors of Peoples Light and Power principal amount of open account in­ are nominal and not unreasonable; Company (now, by change of name, debtedness; and 10,000 shares of com­ It is ordered, That the jurisdiction Texas Public Service Company), as pro­ mon stock, without par value. heretofore reserved with respect to the vided for in its plan as aforesaid, shall Under the terms of the contract of competitive bidding employed in con­ comply with the provisions of section 11 sale the purchasers are to participate in nection with the sale of said common (g) of the act and with the provisions the purchase of the securities and open stock and of all fees and expenses in­ of Rule U-62 except paragraph (g) account indebtedness of Arizona General curred in connection with the said thereof: in the following proportions: transactions be,' and the same here­ It is ordered, That all solicitations with by is, released, and that said decla­ respect to the nomination and election Bonds and Aggregate ration, as further amended, be, and the of directors of Peoples Light and Power Purchaser Shares open ac­ • base of stock count in­ purchase same hereby is, permitted to become ef­ Company (now, by change of name, Tex­ debtedness price fective forthwith subject to the terms and as Public Service Company), as provided for in its plan as aforesaid, shall be re­ conditions prescribed in Rule U-24 and Percent to the further condition that the text quired to comply with the provisions of Graham County___ 2,617 26.1687 $107,291.67 of this order, together .with the text of section 11 (g) of the act and with the Safford...... 6,444 64.4400 264,204.00 Thatcher______939 9.3913 38,504.33 the findings and orders of the Commis­ provisions of Rule U-62 except para­ sion in this matter dated February 12, graph (g) thereof. 10,000 - 100.00 410,000.00 1946, and April 2,1946, respectively, shall By the Commission. be furnished to all prospective buyers of The contract of sale provides that all the common stock oPMidland Realization [ s e a l ] O r v a l L . D u B o is , payments to be made by the Towns of Company in connection with any offer­ Secretary. Safford and Thatcher to Aelec are to be ing of such stock by Purchasers or any [F. R. Doc. 46-6508; Filed, Apr. 17, 1946; made in cash unless said Towns here­ of them. 2:21 p. m.] after reach a mutually satisfactory 4354 FEDERAL REGISTER, Friday, A pril 19, 1946

agreement with Aelec for the payment of By the Commission. It appearing from said declaration, as all or part of such amounts by the de­ amended, that declarants propose to rep­ livery to Aelec of duly authorized rev­ [ s e a l ] O r v a l L . D u B o i s , Secretary. resent holders of both the $7 and $6 pre­ enue obligations in principal amounts, ferred stocks of American & Foreign bearing interest rates, and in form and [F . R. Doc. 46-6507; Filed, A p r.’ 17, 1946; Power Company Inc., except that, in the containing terms and provisions satis­ 2:21 p. m .] event a conflict of interest should arise factory to Aelec in its sole discretion, and between holders of the $7 preferred stock also provides that in the event said and the $6 preferred stock, declarants Towns hereafter reach such mutually [File No. 68-66] will take no part in any controversy in satisfactory agreement with Aelec, the A m e r ic a n & F o r e ig n P o w e r C o ., I n c . respect thereto, and that an application is obligation of Aelec under the agreement made .for an order exempting declarants to sell and convey any or all of its closing ORDER PERMITTING DECLARATION TO BECOME from the requirements of Rule U-62 (j) position in Arizona General is condi­ EFFECTIVE AND GRANTING EXEMPTIONS so that declarants may represent holders tional upon the simultaneous consum- At a regular session of the Securities of both said stocks except as conflicts of . mation of the sale by Aelec, upon terms and Exchange Commission, held at its interest between them may arise; and and conditions satisfactory to it in its office ih the City of Philadelphia, Penn­ The Commission having considered sole discretion, of all the revenue obliga­ sylvania, on the 12th day of April, A. D. the declaration and applications for ex­ tions so received by Aelec from Safford 1946. emptions, as amended, and finding that and Thatcher. All payments to be made In the Matter of Theodore V. D. Ber- the requirements of Rule U-62, except by Graham County Electric Cooperative, dell and George C. Wintringer, Protec­ as to the matters comprised within such Inc. to Aelec under the agreement are to tive Committee for the Holders of Ameri­ applications for exemptions, are com­ be made in cash. The contract of sale can & Foreign Power Company Inc. plied with, and it appearing to the Com­ further provides that none of the parties Preferred Stock, File No. 68-66. mission that certain of the conditions to such contract shall be obligated to A declaration and amendments there­ imposed by Rule U-62 upon persons mak­ transfer any rights or securities or to to, having been filed with this Commis­ ing solicitations, as applied to the pro­ make any payments unless, on the closing sion, pursuant to section 12 (e) of the posed solicitation by said Theodore V. D. date, the other parties are prepared si­ Public Utility Holding Company Act of Berdell and George C. Wintringer, act­ multaneously to tender performance in 1935 and pursuant to Rule U-62 of the ing as a committee as aforesaid, are not all acts required by the contract to be general rules and regulations under the necessary or appropriate in the public performed by them on the closing date. act, by Theodore V. D. Berdell and interest or for the protection of investors In connection with the foregoing sale, George C. Wintringer, acting as a com­ or consumers, and the Commission deem­ it is proposed that Arizona General sell to mittee, proposing to solicit authoriza­ ing it appropriate, in the public interest Aelec, for a consideration of $1.00, the 80 tions from the holders of preferred stock and in the interest of investors, that said shares of capital stock of Atlantic Utility" of American & Foreign Power Company declaration, as amended, be permitted to Service Corporation, owned by Arizona Inc., a registered holding company sub­ become effective, and that said applica­ General, or assign to Aelec the right of sidiary of Electric Bond and Share Com­ tions for exemptions be granted; Arizona General to receive dividends, pany, also a registered holding company; It is ordered, Pursuant to said Rule U- whether liquidating or otherwise, upon and 100, that the requested exemptions from such stock. Declarants having requested that the thè requirements of paragraphs (g) (2), Aelec has indicated that it considers declaration shall become effective when (h) (1), and (j) of Rule U-62, be, and sections 9 (a), 10, 12 (d) and 12 (f) of ordered by the Commission; and the same hereby are, granted, and that said declaration, as amended, be, and the Act and Rules U-43 and U-44 pro­ Said declarants having applied for the same hereby is, permitted to become mulgated thereunder as being applicable certain exemptions, pursuant to Rule effective forthwith, subject however to to the proposed transactions. That por­ U-100 of said general rules and regu­ tion of the proposed transactions in re­ the terms and conditions prescribed in lations, from certain conditions imposed Rule U-24. spect to the sale of securities of Arizona by said5 Rule U-62 upon persons making General tp the Towns of Safford and solicitations; and By the Commission. Thatcher, Arizona, is exempt from the It appearing from said declaration, as [ s e a l ] O r v a l L . D u B o is , provisions of section 12 (d) of the act by amended, that declarant Theodore V. D. Secretary. virtue of paragraph (b) (3) of Rule U-44. Berdell is the senior partner of the in­ The acquisition of such securities by the vestment firm of Berdell Brothers, that [F. R. Doc. 46-6509; Filed, Apr. 17, 1946; Towns of Safford and Thatcher-is not he is a professional broker, that the bus­ 2:21 p. m.] subject to the provisions of the act. iness of the firm is principally that of Aelec states that it desires to consum­ executing on the New York Curb Ex­ [File No. 70-1255] change, for other brokers, without advice mate the above described transactions as B u f f a l o N ia g a r a E le c t r ic C orp. a further step towards compliance with of any kind, unsolicited specific orders for the purchase or sale of securities ORDER PERMITTING DECLARATION TO BECOME the provisions of section 11 (b) (1) of the either at a specified price or at the mar­ EFFECTIVE act and in pursuance of the orderjpf this ket, and that an application is made for At a regular session of the Securities Commisison dated August 13, 1942, as an order exempting the firm of Berdell and Exchange Commission, held at its amended, in the matter of Denis J. Dris­ Brothers (but not any individual mem­ office in the City of Philadelphia, Penn­ coll and Willard L. Thorp, .Trustees of bers thereof) from the requirements of sylvania, on the 15th day of April 1946. Associated Gas and Electric Corporation Rule U-62 (g) (2) to the extent only Buffalo Niagara Electric Corporation, (File No. {>9-32), directing said Trustees that said firm may execute, without giv­ a subsidiary of Niagara Hudson Cor­ to dispose of their interest in certain ing advice of any kind, unsolicited orders, poration, in turn a subsidiary of The companies, including Arizona General. received from other brokers (and not United Corporation, a registered holding In this connection Aelec has requested from members of the public), to purchase company, having filed a declaration pur­ that the Commission find that the carry­ and sell securities of American & Foreign suant to the Public Utility Holding ing out of the proposed transactions is Power Company Inc. or its subsidiaries Company Act of 1935 and the rules and necessary to effectuate the provisions of or of Electric Bond and Share Company; regulations promulgated thereunder re­ section 11 (b) of the act and that its or­ and garding a proposal by Buffalo Niagara der herein’ conform to the definition of It appearing from said declaration, as Electric Corporation to discharge its note, the term "order of the Securities and Ex­ dated November 1, 1945, in the principal amended, that, except as exemption is amount of $1,000,000 by payment to Ni­ change Commission” contained in section obtained by declarants, the document agara Hudson Power Corporation, the 373 (a) of the Internal Revenue Code, as evidencing the authorizations which de­ holder thereof, of such principal amount amended, and contain the recitals, speci­ clarants propose to solicit provides, pur­ plus accrued interest at the rate of 2% fications and itemizations required by suant to the provisions of Rule U-62 (h) per annum to the date of payment, sucn section 1808 (f ) of the Internal Revenue (1), that declarants shall comply with note being payable on or before Febru­ Code, as amended. paragraph (g). of Rule U-62; and ary 1,1952; and FEDERAL REGISTER, Friday, A pril 19, 1946 4355

Said declaration having been filed on Great Northern proposes to sell to in the interests of investors and consum­ March 25, 1946, and notice of said filing Marias River Electric Cooperative, Inc., ers that a hearing be held with respect to having been duly given in the form and a Montana corporation, its electric and said matters, and that said application manner prescribed by Rule U-23 pro­ gas properties located-in Toole County, or declaration (or both) shall not be mulgated pursuant to the act and the Montana, for a base price of $640,050, in granted or permitted to become effective Commission not having received a re­ cash, subject to certain adjustments. except pursuant to further order of this quest for hearing with respect to said Great Northern also proposes to sell cer­ Commission; declaration within the period specified tain other of its properties in Toole It is ordered, That a hearing on said in said notice or otherwise, and not hav­ County, Montana, as well as its physical matters under the applicable provisions ing ordered a hearing thereon; and properties located in Glacier County, of the act and the rules of the Commis­ The Commission finding that the pro­ Montana, to Glacier County Electric Co­ sion thereunder be held on May 3, 1946, posed transactions are not in contraven­ operative, Inc., a Montana corporation, at 10:00 a. m., e. d. t., at the offices of tion of the act or any rules and regula­ for a base price of $343,450, subject to the Securities and Exchange Commission, tions promulgated thereunder and that certain adjustments. The properties in­ 18th and Locust Streets, Philadelphia 3, the proposed transactions satisfy the re- volved in both sales constitute all of the Pennsylvania. On that day the hearing quiremènts of sections 12 (c) and 12 (f) operating properties of Great Northern. room clerk in Room 318 will advise as to of the act and the rules thereunder inso­ The net proceeds of these sales will be the room-where the hearing will be held. far as they are applicable and that it is * applied toward the payment of Great It is further ordered, That Willis E. appropriate in the public interest and in Northern’s indebtedness to North Con­ Monty or any other officer or officers of the interests of investors and consumers tinent, represented by five demand the Commission designated by it for that that said declaration be permitted to be­ promissory notes in the aggregate prin­ purpose shall preside at the hearing come effective; cipal amount of $845,000 and open ac­ above ordered. The officer so designated It is hereby ordered, Pursuant to Rule count indebtedness of $22,286.22, and the to preside at the hearing is hereby au­ U-23 and the applicable provisions of the balance, if any, will be retained tem­ thorized to exercise all powers granted to act and subject to the terms and condi­ porarily in the general funds of Great the Commission under section 18 (c) of tions prescribed in Rule U-24 that the Northern. Thereafter, Great Northern the act and to a Trial Examiner under aforesaid declaration be, and the same will be liquidated and dissolved, and its the Commission’s rules of practice. hereby is, permitted to become effective remaining net assets transferred to It is further ordered, That, without forthwith. v North Continent. limiting the scope of the issues presented By the Commission. North Continent proposes to sell to by said application or declaration (or Fred H. McPhillips, of Kevin, Montana, both) otherwise to be considered in this [SEAL] ORVAL L. DUBOIS, all of the outstanding shares of capital proceeding, particular attention will be Secretary. stock, consisting of 1,000 shares of the directed at the hearing to the following [F. R. Doc. 46-6510; Piled, Apr. 17, 1946; par value of $10 per share, of Southern matters and questions: 2:22 p. m.] Utilities Company, Limited (“Southern 1. Whether the considerations to be re­ Utilities” ) for $6,500 in cash. The con­ ceived, and the fees, commissions, and tract of sale provides that prior to de­ other remuneration to be paid, in con­ livery of said shares, the assets of South­ [Pile Nos. 54-74, 59-69] nection with the proposed transactions, ern Utilities shall consist solely of prop­ are reasonable in amount. N o r t h C o n t i n e n t U t i l i t i e s C o r p . e t a l . erty and plant account, and its liabilities 2. Whether competitive conditions solely of its capital stock, with certain were observed in connection with the NOTICE OP FILING AND NOTICE OF AND ORDER minor exceptions. Southern Utilities’ FOR HEARING proposed sales. . current assets will be applied to the dis­ 3. The propriety of the proposed ac­ At a regular session of the Securities charge of its current and accrued liabili­ counting treatment on the books of the and Exchange Commission, held at its ties (which, except for the liability on applicants and declarants. office in the City of Philadelphia, Penn­ cutomers’ deposits and on accrued taxes, 4. Whether it is necessary or appropri­ sylvania, on the 16th day of April, A. D., are owing to Great Northern or North ate to impose terms or conditions in the 1946. Continent) to the extent that such cur­ public interest or for the protection of In the matters of North Continent rent assets shall suffice therefor; North investors or consumers. Utilities Corporation and Subsidiary Continent estimates that such current 5. Generally, whether all actions pro­ Companies, File No. 54-74; North Conti­ assets will be sufficient to pay such liabil­ posed to be taken comply with the re­ nent Utilities Corporation and Subsid­ ities except for a portion of the amount quirements of the Public Utility Holding iary Companies, File No. 59-69. owing North Continent; any unpaid Company act of 1935 and the rules pro­ The Commission by order entered on amounts owing to North Continent are to mulgated thereunder. November 16, 1943, having approved a be cancelled. I t is further ordered, That notice of plan providing for the liquidation and Said promissory notes and $10 000 of said hearing is hereby given to North dissolution of North Continent Utilities said open account indebtedness due from Continent Utilities Corporation, to Great Corporation (“North Continent” ) , a reg­ Great Northern to North Continent, and Northern Utilities Company, and to all istered holding company, filed by that the shares of capital stock of Southern interested persons, said notice to’be given company and its subsidiary companies, Utilities, are pledged with the trustee to North Continent Utilities Corporation pursuant to section 11 (e) of the Public under the-indenture securing the First and Great Northern Utilities Company Utility Holding Company Act of 1935, Lien Collateral and Refunding Gold by registered mail and to all ôther per­ and having by said order, pursuant to Bonds, Series A, 5%%, due January 1, sons by publication of this notice and section 11 (b) of the act, directed North 1948, of North Continent. North Conti­ order in the F ederal R egister and by a Continent to take such action as may be nent proposes to deposit with said trus­ general release of the Commission dis­ necessary to cause its liquidation and tee the funds received by it from the tributed to the press and mailed to the dissolution; payment by Great Northern of the afore­ mailing list for releases under the act. Notice is hereby given, that an ^appli­ said promissory notes and open account It is requested that any person desir­ cation or declaration (or both) has been indebtedness, from the liquidation and ing to be heard in these proceedings shall filed by North Continent together with dissolution of Great Northern, and from its wholly-owned subsidiary company, file with the Secretary of this Commission the sale of the capital shares of South­ on or before April 30,1946, an appropriate Great Northern Utilities Company ern Utilities, to be used by said trustee (“Great Northern” ), with respect to request or application to be heard, as pro­ certain proposed transactions relating to in making further ratable payments vided by KUle X V II of the Commission’s North Continent’s said plan. upon the unpaid principal amount of said rules of practice. All interested persons are referred to bonds ($1,569,750), as provided in North By the Commission. said-application or declaration (or both), Continent’s said plan. It is estimated which is on file in the office of the Com­ that ratable payments so to be made will [ seal] O rval L. DuBois, mission, for a statement of the transac­ aggregate $972,800. Secretary. tions therein proposed, which are sum­ It appearing to the Commission that it ‘ [F. R. Doc. 46-6545; Filed, Apr. 18, 1946; marized as follows :- is appropriate in the public interest and 11:02 a. m .] No. 77------5 4356 FEDERAL REGISTER, Friday, A pril 19, 1946

[Pile No. 70-1213} in the public interest or for the protec­ ords deemed relevant or material to the M iddle W est C orp. tion of investors. inquiry, and to perform all other duties in connection therewith authorized by ORDER DENTING EFFECTIVENESS TO By the Commission. law. DECLARATION [ seal] O rval L. D uB ois, By the Commission. At a regular session of the Securities Secretary. and Exchange Commission, held at its [ seal] O rval L. DuBois, [F. R. Doc. 46-6547; Filed, Apr. 18, 1946; Secretary. office in the City of Philadelphia, Pa., on 11:02 a. m.j the 17th day of April, A. D. 1946. [F. R. Doc. 46-6549; Filed, Apr. 18, 1946; The Middle West Corporation, a regis­ 11:02 a. m .] tered holding company, having filed a [File Nos. 7-892 to 7-904} declaration and amendment thereto, B raniff A ir w a y s, I n c ., et al. [File No. 70-1256} under section 12 (d) of the Public Utility ORDER SETTING HEARING ON APPLICATIONS TO Holding Company Act of 1935, and Rule N iagara F alls P ower Co. and G orge V ie w EXTEND UNLISTED TRADING PRIVILEGES U-44 thereunder regarding a sale by it of P ark, I n c . its interest in United Public Service At a regular session of the Securities ORDER PERMITTING DECLARATION TO BECOME Corporation, a registered holding com­ and Exchange Commission, held at its of­ EFFECTIVE pany, consisting of 172,393 shares of fice in the City of Philadelphia, Pa., on At a regular session of the Securities common stock to Harold C. Mayer, the 16th day of April, A. D. 1946. and Exchange Commission, held at its Salim L. Lewis, and Donald C. Lillis, in In the matter of applications by the office in the City of Philadelphia, Penn­ equal amounts, for a total cash con­ Boston Stock Exchange to Extend Un­ sylvania on the 16th day of April 1946. sideration of $215,491.25, or $1.25 per listed Trading Privileges to Braniff Air­ Gorge View Park, Inc., and its parent, share; and ways, Incorporated, Common Stock, $2.50 The Niagara Falls Power Company, A public hearing having been held Par Value, Pile No. 7-892; Chicago, Mil­ which is a subsidiary of Buffalo Niagara after appropriate notice, the Commis­ waukee, St. Paul and Pacific Railroad Electric Corporation, which - is a sub­ sion having considered the record in this Company, VTCs for Common Stock, No sidiary of Niagara Hudson Power Cor­ matter and having made and filed its Par Value, File No. 7-893; Commonwealth poration, which, in turn, is a subsidiary findings and opinion herein; on the basis Edison Company, Capital Stock, $25 Par of the United Corporation, a registered of said findings and opinion; Value, File No/ 7-894; General Public holding company, having filed a joint It is ordered, That the declaration, as Utilities Corporation, Common Stock, $5 declaration pursuant to the Public amended, be and the same is hereby Par Value, File No. 7-895; Grumman Air­ Utility Holding Company Act of 1935 and denied effectiveness. craft Engineering Corporation, Common the rules and regulations promulgated Stock, $1 Par Value, File No. 7-896; In­ By the Commission. thereunder regarding: (1) The sur­ terlake Iron Corporation, Common Stock, render for cancellation by The Niagara [SEAL] ORVAL L. DuBOIS, No. Par Value, File No. 7-897; Libby, Mc­ Secretary. Falls Power Company of all of its hold­ Neill and Libby, Common Stock, $7 Par ings of the capital stock of its wholly- [F. R. Doc. 46-6546; Filed, Apr. 18, 1946; Value, File No. 7-898; Manati Sugar Com­ owned subsidiary, Gorge View Park, Inc., 11:02 a. m .] pany, Common Stock, $1 Par Value, File an inactive real estate company having No. 7-899; Pacific Gas & Electric Com­ no assets and whose only liability is an [File No. 812-311 pany, Common Stock, $25 Par Value, File open account advance in the amount of No. 7-900; Philadelphia and Reading H udson T rading & I nvesting C orp. $2,555.43 owing to The Niagara Falls Coal and Iron Company, Common Stock, Power Company; (2) the forgiveness by NOTICE OF AND ORDER FOR HEARING $1 Par Value, File No. 7—dOl; Philadelphia The Niagara Falls Power Company of At a regular session of the Securities Electric Company, Common Stock, No such open account indebtedness; and (3) and Exchange Commission, held at its Par Value, File No. 7-902; Radio-Keith- the dissolution of Gorge View Park, Inc. office in the City of Philadelphia, Pa., Orpheum Corporation (Del.), Common pursuant to the laws of the State of New on the 17th day of April, A. D. 1946. Stock, $1 Par Value, File No. 7-903; Sym- York; and An application having been filed by ington-Gould Corporation, Common Said declaration having been filed on Hudson Trading & Investing Corpora­ Stock, $1 Par Value, File No. 7-904. March 25, 1946, and notice of said filing tion, an unregistered investment com­ The Boston Stock Exchange, pursuant having been duly given in the form and pany, for an order under section 6 (c) to section 12 (f) of the Securities Ex­ manner prescribed by Rule U-23 pro­ of the Investment Company Act of 1940 change Act of 1934, and Rule X-12F—1 mulgated pursuant to the act, and the extending its temporary exemption from promulgated thereunder, having made Commission not having received a re­ all of the provisions of such act, application to the Commission to extend quest for hearing with respect to said 'it is ordered, That a hearing on the unlisted trading privileges to the above- declaration within the period specified matter of the application of the above mentioned securities; in said notice, or otherwise, and not hav­ named applicant under the applicable The Commission deeming it necessary ing ordered a hearing thereon; and provisions of said act and the rules of the for the protection of investors that a The Commission finding that the pro­ Commission for exemption from all the hearing be held in this matter at which posed transactions are not in contraven­ provisions of the Investment Company all interested persons be given an oppor­ tion of the act or any rules and regula­ Act of 1940 be held on April 26, 1946 at tunity to be heard; tions promulgated thereunder and that 9:45 a. m. Eastern Standard Time, in It is ordered, That the matter be set the proposed transactions satisfy the re­ Room 318 of the Securities and Exchange down for hearing at 10:00 a. m. on Mon­ quirements of sections 12 (b ), 12 (c) and Commission Building, 18th and Locust day, April 29, 1946, at the office of the 12 ( f ) of the act and the rules thereunder Streets, Philadelphia, Pa. Securities and Exchange Commission, 82 insofar as they are applicable and that it It is further ordered, That Willis E. Devonshire Street, Boston, Massachu­ is appropriate in the public interest and Monty, Esquire, or any other officer or setts, and continue thereafter at such in the interests of investors and con­ officers of the Commission designated for times and places as the Commission or sumers that said declaration be permitted that purpose, shall preside at the hearing its officer herein designated shall deter­ to become effective; on such application. The officer so des­ mine, and that general notice thereof be It is hereby ordered, Pursuant to Rule ignated to preside at any such hearing is given; and U-23 and the applicable provisions of the hereby authorized to exercise all the It is further ordered, That Frank Kop- act and subject to the terms and condi­ powers granted to the Commission under elman, or any other officer or officers of tions prescribed in Rule U-24, that the sections 41 and 42 (b) of the Investment the Commission named by it for that aforesaid declaration be, and the same Company Act of 1940 and to trial exam­ purpose, shall preside at the hearing on hereby is, permitted to become effective iners under the Commission’s rules of such matter. The officer so designated to forthwith. preside at such hearing is hereby em­ practice. By the Commission. Notice of such hearing is hereby given powered to administer oaths and af­ firmations, subpoena witnesses, compel [ seal] O rval L, DuBois, to the above named applicant and to any Secretary. other person or persons concerned and their attendance, take evidence, require to any other person or persons whose the production of any books, papers, cor­ [F. R. Doc. 46-6548; Filed, Apr. 18, 1946; participation in such proceedings may be respondence, memoranda, or other rec­ 11:02 a. m .} FEDERAL REGISTER, Friday, April 19, 1946 4357

OFFICE OF PRICE ADMINISTRATION. with the Division of the Federal Register, The determination of a ceiling price in [Order 136 Under 3 (e) ] and pursuant to sections 15 and 16 of this way need not be reported to the O f­ Revised Supplementary Order No. 119, it fice of Price Administration; however, H o d g m a n R u b b e r C o . is ordered: each seller must keep complete records (a) Manufacturer’s ceiling prices. Ni­ AUTHORIZATION OF MAXIMUM PRICES showing all the information called for by agara Duplicator Company of 128 Main OPA Form 620-759 with regard to how he For the reasons set forth in an opinion Street, 5, California, may determined his ceiling price, for so long issued simultaneously herewith and filed compute its adjusted ceiling prices for the as the Emergency Price Control Act of with the' Division of the Federal Regis­ duplicating machines which it manufac­ 1942, as amended, remains in effect. ter, and pursuant to § 1499.3 (e) of the tures, as follows: (3) If the maximum resale price can­ General Maximum Price Regulation, it is (1) For an article which has a prop­ not be determined under the above ordered: erly established ceiling price in effect method the reseller shall apply to the (a) Applicability of this order. This before the effective date of this order, the Office of Price Administration for the es­ order applies to all sales of Style #733 adjusted ceiling price is the article’s tablishment of a ceiling price under Plaflote manufactured by the Hodgman properly established ceiling price for the § 1499.3 (c) of the General Maximum Rubber Company, Framingham, Massa­ particular sale (exclusive of all permitted Price Regulation. Ceiling prices estab­ chusetts. increases or adjustment charges) in­ lished under that section will reflect the (b) Maximum prices. The maximum creased by 13 per cent. supplier’s prices as adjusted in accord­ prices for sales of the commodity de­ (2) For an article which is first offered ance with this order. scribed in paragraph (a) of this order for sale after the effective date of this (c) Terms of sale. Ceiling prices ad­ are as follows: order, the adjusted ceiling price is the justed by this order are subject to the maximum price hereafter properly deter­ seller’s terms, discounts and allowances Dis­ mined or established in accordance with on sales to each class of purchaser in ef­ Whole­ Re­ Retail tribu­ salers tailers Maximum Price Regulation No. 188; and tors fect during March 1942, or thereafter prices so fixed may not be increased under properly established under OPA regu-y this order. Style No. 733 plaflote, Each Each Each Each lations. $4.25 $4.72 $5.76 $9.60 (3) The manufacturer’s adjusted ceil­ (d) Notification. At the time of, or ing price fixed in accordance with this prior to the first invoice to a purchaser Terms. The above prices for sales by the manufac­ order is his new ceiling price if it is for resale on and after the effective date turer, distributors and wholesalers are subject to the higher than his previously established of this order, showing prices adjusted same cash discount and freight terms in effect for each ceiling price including all increases and seller to each class of purchaser during March 1942. in accordance with this order, the seller adjustments otherwise ' authorized for shall notify the purchaser in writing of (c) Notification of maximum prices. him individually or for his industry. the method established in paragraph (b) With or prior to the first delivery of the (b) Resellers’ ceiling prices. Resellers of this order for determining adjusted commodity described in paragraph (a) of an article which the manufacturer has maximum prices for resale of the articles. to a distributor, wholesaler, or retailer, sold at an adjusted ceiling price deter­ This notice may be given in any conven­ the seller shall give the purchaser a writ­ mined udder this order shall determine ient form. ten notice, of the maximum retail price their maximum prices as follows: (e) This order may be revoked or applicable to such sales as established (1) A reseller who had a properly es­ amended by the Price Administrator at by paragraph (b) of this order. If the tablished maximum price in effect before any time. purchaser is a distributor or wholesaler, this order was issued for an article cov­ (f) This order shall become effective the notification shall include the maxi­ ered by this order may add to that maxi­ 'on the 18thjday of April 1946. mum distributor’s or wholesaler’s maxi­ mum price an adjustment charge in the mum price as established by paragraph same dollar-and-cenfs amount as the Issued this 17th day of April 1946. (b) of this order and a statement that adjustment charge authorized by this P a u l A . P o r t e r , each purchaser is required by this order order for, and which he has paid to, his Administrator. to notify any retailer to whom he sells supplier. of the maximum retail price as estab­ .(2) If the reseller did not have a prop­ [F . R. Doc. 46-6478; Filed, Apr. 17, 1946; lished by paragraph (b) of this order. erly established maximum price for the 11:28 a. m .] If such purchaser is a distributor the article in effect before this order was notification shall also include a state­ issued he «hall first determine a maxi­ ment that the distributor is required to mum price (exclusive of adjustment [M P R 64, Order 278] notify any wholesaler to whom he sells charges), and to that price he may add T e n n e s s e e S t o v e W o r k s of the maximum price applicable to sales an adjustment charge in the same dollar- by wholesalers as established by para­ and-cents amount as the adjustment APPROVAL OF CEILING PRICES graph (b) of this order. authorized by this order for, and which For the reasons set forth in an opinion (d) General provisions of the General he has'paid to, his supplier. To find his issued simultaneously herewith and filed Maximum Price Regulation apply. All maximum price (exclusive of adjustment with the Division of the Federal Register provisions of the General Maximum Price charges) for this purpose the reseller and pursuant to section 11 of Maximum Regulation that are not inconsistent with shall add to his invoice cost, less an Price Regulation No. 64, It is ordered: this order shall apply to sales covered adjustment charge stated on that invoice, (a) This order establishes ceiling prices by this order. the same percentage mark-up which he for sales at retail of Model M-17 Maga­ (e) Revocation and amendment. This has on the “most comparable article” for zine Circulating coal heater manufac­ order may be revoked or amended by the which he has a properly established ceil­ Price Administrator at any time. ing price. For this purpose the “most tured by the Tennessee Stove Works, Chattanooga, Tennessee, as follows: This order shall become effective April comparable article” is the one which 18, 1946. meets all of the following tests: (i) It belongs to the narrowest trade Ceiling prices for sales to ultimate Issued this 17th day of April 1946. category which includes the article being consumers Model P a u l A . P o r t e r , priced. Administrator. (ii) Both it and the article being priced Zone 1 Zone 2 Zone 3 Zone 4 were purchased from the same class of [P. R. Doc. 46-6440;. Piled, Apr. 17, 1946; Each Each Each Each 11131 a. m .] supplier. (iii) Both it and the article being M-17...... $42.75 $44.75 $46.50 $48.50 priced belong to a class of articles to [Rev. SO 119, Order 163] which, according to customary trade These prices are subject to each seller’s practices, an approximately uniform per­ customary terms, discounts, allowances N iagara D u p l ic a t o r C o . centage markup is applied. and other price differentials in effect on ADJUSTMENT OF CEILING PRICES (iv) Its net replacement cost is near­ sales of similar articles. For the reasons set forth in an opinion est to the net cost of the article being (b) The manufacturer, before deliv­ issued simultaneously herewith and filed priced. ering any stove covered by this order 4358 FEDERAL REGISTER, Friday, April 19, 1946

after ohe effective date of this order, [M P R 64, Rev. Order 187} Issued this 17th day of April 1946. shall attach securely to the front of each B o r g -W a r n e r C o r p . P a u l A . P o r t e r , stove a tag or label which plainly states Administrator. its retail ceiling price in each zone, to­ APPROVAL OF MAXIMUM PRICES gether with a list of the states included Order No. 187 under section 11 of Max­ [F. R. Doc. 46-6441; Filed, Apr. 17, 1946; in each zone. This tag or label may not imum Price Regulation No. 64 is revised 11:32 a. m .] be removed until after the siove has been and amended to read as follows: sold to an ultimate consumer. For the reasons set forth in an opinion (c) For purposes of this order Zones issued simultaneously herewith, and filed [MPR 188, Order 147 Under 2d Rev. Order 1, 2, 3 and 4 are those defined in Order with th&Division of the Federal Register; A—3] 246 under Maximum Price Regulation and pursuant to section 11 of Maximum E. H. S h e l d o n & Co. No. 64. Price Regulation No. 64; It is ordered: (d) This order may be revoked or (a) This revised order, establishes ADJUSTMENT OF MAXIMUM PRICES amended at any time by the Price Ad­ maximum prices for sales of two models For the reasons set forth in an opinion ministrator. of electric ranges manufactured by Norge issued simultaneously herewith, and filed (e) This order shall become effective Division, Borg-Warner Corporation, of with the Division of the Federal Register, on the 18th day of April 1946. Detroit 26, , as follows: and pursuant to Second Revised Order (1) For sales in each zone by whole­ Issued this 17th day of April 1946. No. A-3 under § 1499.159b of Maximum sale distributors to retail dealers, the Price Regulation No. 188, it is ordered: [P. R. Doc. 46-6442; Filed, Apr. 17, 1946; maximum prices, including the Federal (a) Manufacturer’s maximum prices. 11:32 a. m .] excise tax, are those set forth below: E. H. Sheldon & Company of Muskegon, Michigan, may increase its current maxi­ Maximum prices tot sales by wholesale distributors to retail mum prices for sales of the nine models dealers of wood shop benches which it manufac­ Article tures by the dollar and cent amount Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 appearing opposite each model listed below, provided the amount of such in­ Electric range E-400: crease is separately stated on each invoice $119.79 $122. 29 $123.54 $12136 $125.42 or other written evidence of sale, as an 115.35 117. 75 118.95 119. 73 120. 75 Electric range E-450: adjustment charge. 135.76 N138.40 139.68 140.41 141.53 130.72 133.25 134.19 135.19 136. 27 Recommended Catalogue bench No.; adjustment N-10 shop bench______$7. 81 These maximum prices are f. o. b. the (2) For sales in each zone by retail N -l2 shop bench______7.42 seller’s city; and are subject to each dealers to ultimate consumers, the maxi­ N-13 shop bench______6.87 seller’s customary terms, discounts, al­ mum prices, including the Federal ex­ N-14 two student shop bench.:_____ 8.11 cise tax, but not including any state or N-16 f<5ur class shop bench______11.53 lowances, and other price differentials local taxes imposed at the point of sale N-20 six class shop bench______10. 57 in effect on sales of similar articles. are those set forth helow: N-23 instructor’s shop bench.______12.32 N-24 four class double shop bench__16.82 N-26 four class double shop bench__15.89 Maximum prices for sales by retail dealers to ultimate consumers (b) Maximum prices of purchasers for Article resale. A reseller who had a properly Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 established maximum price in effect be­ fore this order was issued for an árticle Electric range E-400- $186.50 $190.50 $192. 50 $193.75 $195.50 covered by this order may add to that Elec trie range E-450. 211.25 215. 50 217.50 218.75 220.50 maximum price an adjustment charge in the same dollar-and-cents amounts as These maximum prices include delivery, Administration. The label shall also in­ the adjustment charge authorized by this a one-year warranty, and installation clude a statement that the ceiling prices order for, and which he has paid to, his where installation requires only that the shown on the label include the Federal supplier. range, be connected to electric facilities excise tax, delivery, installation with - If the reseller did not have a properly to be provided by the consumer and such connection to the electric facilities pro­ established maximum price for the arti­ connection does not require any addi­ vided by the purchaser, and a one-year cle in effect before this order was issued tional materials. I f a range cord set warranty. The label shall also state that he shall first determine a maximum price (customarily referred to in the industry the ceiling price may be increased by (exclusive of adjustment charges), and as a “ pigtail”) is required and is fur­ $3.50 if a “pigtail” is required and is fur­ to that price he may add an adjustment nished by the retail dealer, he may add nished by the dealer. This label may charge in the same dollar-and-ceitts $3.50 to the applicable OPA retail ceiling not be removed until after the range has amount as the adjustment authorized ty price shown above. In all other respects been sold to an ultimate consumer. this order for, and which he has paid t*. these ceiling prices are subject to each (d) For purposes of this revised order, his supplier. To find his maximum prici| seller’s customary terms, discounts, al­ Zones 1, 2, 3, 4 and 5 comprise the areas (exclusive of adjustment charges) for lowances and other price differentials in of the continental United States marked this purpose the reseller shall add to his effect on sales of similar articles. on the map of the United States fur­ invoice cost, less an adjustment charge (b) At the time of, or prior to, the nished to the Office of Price Administra­ stated on that invoice, the same percent­ first invoice to a purchaser for resale tion by the manufacturer. This map is age mark-up which he has on the “most after the effective date of this revised hereby incorporated herein by reference. comparable article” for which he has a order, the manufacturer shall notify the Copies of the map are on file with the properly established ceiling price. For purchaser of the maximum prices and Secretary of the Office of Price Admin­ this purpose the “most comparable arti­ conditions established by this revised or­ istration in Washington, D. C., as well cle” is the one which meets all of the der for resales by the purchaser. as with each Regional and District office following tests: (i) It belongs to the narrowest trade (c) The manufacturer prior to ship­ of the Office of Price Administration. category which includes the article being ping any range covered by this revised These maps are open for inspection by order to the purchaser for resale shall the public. priced. (ii) Both it and the article being priced (e) This revised order may be revoked attach to the outside panel of the range were purchased from the same class of a label which plainly states its OPA re­ or amended by the Price Administrator at any time. supplier. tail ceiling price in each ¿one, and bears (iii) Both it and the article being a statement that a map showing the zpne This revised order shall become ef­ priced belong to a class of articles to limits is on* file with the Office of Price fective on April 18, 1946. which, according to customary trade FEDERAL REGISTER, Friday, A p ril 19, 1946 4359 practices, an approximately uniform per­ the effective date of this order. Where per net ton f. o. b. the mine dr prepara­ centage mark-up is applied. such an amendment is issued for the tion plant and when stated to be for rail (iv) Its net replacement cost is nearest district in which the mines involved shipment or for railroad fuel are in cents to the net cost of the article being priced. herein are located and where the amend­ per net ton f . o. b. rail shipping point. The determination of a ceiling price ment makes no particular reference to In cases where mines ship coal by river in this way need not be reported to the a mine or mines involved herein, the the prices for such shipments are those Office of Price Administration; however, prices shall be the prices set forth in established for rail shipment and are in each seller must keep complete records such amendment for the price classifica­ cents per net ton f. 6. b. river shipping showing all the inforination called for tions of the respective size groups. The point. However, producer is subject to by OPA Form 620-759 with regard to' location of each mine is given by county the provisions of § 1340.219 and all other how he determined his ceiling price, for and state. The maximum prices stated provisions of Maximum Price Regulation so long as the Emergency Price Control to be for truck shipment are in cents No. 120. Act of 1942, as amended, remains in Crank Branch Coal Co., C/o George M . R idenour, P ikeville, K y ., Cane Branch N o. 1 M in e , Elrhorn effect. No. 2 Seam , M ine I ndex N o. 7714, Pi re County, K y ., Subdistrict 1, R ail Shipping P oint: D orton, K y ., If the maximum resale price cannot be F. O. G. 61, D eep M in e , M axim um T ruck P rice Group N o. 5 determined under the above method the reseller shall apply to the Office of Price Size group Nos. Administration for the establishment of a ceiling price under § 1499.3 (c) qf the 15,16, 1 2 8 4 5 6 7 8 e 10 18 19 20,21 General Maximum Price Regulation. 17 Ceiling prices established under that sec­ tion will reflect the supplier’s prices as K K K K H H G E C C D G G G Kail shipments and railroad fuel 380 375 365 365 360 350 330 330 330 385 315 310 300 295 adjusted in accordance with this order. 395 375 350 350 335 310 275 270 (c) Terms of sale. The provisions of Supplementary Order No. 153 shall not 1 Subject to the provisions of Second Revised Order No. 1432 under M P R 120, as amended. apply to resale prices determined under this order. Maximuin prices adjusted M ill Branch Coal Co., c/o Bill Elswice, M ayk in g , K y ., M ill Branch Coal Co. M in e , D eep Seam , M ine I ndex N o. 7713, L etcher County, K y ., Subdistrict 1, R ail Shipping P oint: M ayring , K y ., F. O. G. 62, by this order are subject to each seller’s D eep M in e , M aximum T ruck P rice Group N o. 5 terms, discounts, allowances, and other price differentials in effect during March Price classification...... 1______KKK KKKJG E G D J J J 1942, or which have been properly estab­ Rail shipments and railroad fuel 380 375 365 365 360 350 330 325 325 360 315 310 300 295 lished under the applicable OPA regu­ Truck shipment______— 395 375 350 ,.350 335 310 275 270 lations. (d) Notification. At the time of, or 1 Subject to the provisions of Second Revised Order No. 1432 under M P R 120, as amended. prior to the first invoice to a purchaser Steve Owens, Cranks, K y ., Owens M in e , M ason Seam , M ine Index N o. 7703, H arlan County, K y ., Sub- for resale, showing a price adjusted in D istriCt 2, R a h Shipping P oint: Crummies, K y ., F. O, G. 80, D eep M in e , M axim um T ruck P rice Group N o. 5 accordance with the terms of this order, the seller shall notify the purchaser in PPPP N NMHF FEHH H writing of the methods established in 345 340 336 335 335 330 325 320 320 360 315 310 300 295 paragraph (b) of this order for deter­ 345 340 335 335 335 330 325 325 325 360 315 310 300 295 mining adjusted maximum prices for 395 375 350 350 335 310 275 270 resales of the articles covered by this order. This notice may be given in any This order shall become effective April (b) H. P. Randall Manufacturing Com­ convenient form. 18, 1946. pany is authorized to suggest to resellers a resale price for the trailer described The provisions of Supplementary (56 Stat. 23, 765; 57 Stat. 566; Pub. Law Order No. 153 shall not apply to resale in paragraph (a) (1) consisting of the 383, 78th Cong.; E.O. 9250, 7 F.R. 7871; following: prices determined under this order. E.O. 9328, 8 F.R. 4681) (e) Revocation or amendment. This (1) Suggested resale price. $llf.63. order may be revoked or amended by the Issued this 17th day of April 1946. (2) Charges, (i) A charge for trans­ portation, if any, not to exceed the actual Price Administrator at any time. P a u l A . P o r t e r , (f) Effective date. This order shall be­ Administrator. rail freight charge from the factory at come effective on the 18th day of April Demopolis, Alabama, to the railroad 1946. [F . R . Doc. 46-6443; F iled , Apr. 17, 1946; freight receiving statioif nearest to the 11:34 a. m .] place of business of the reseller. Issued this 17th day of April 1946. (if) A charge equal to the charge made

P a u l A . P o r t e r , by H. P. Randall Manufacturing Com­ Administrator. [RM PR 136, Order 602] pany to cover federal excise taxes. . (iii) A charge equal to reseller’s ex­ [P. R. Doc. 46-6454; P ile d , A p r. 17, 1946; H . P . R a n d Al l M f g . C o . 11:32 a. m .] pense for payments of state and local taxes on the purchase, sale or delivery of ESTABLISHMENT OF MAXIMUM PRICES the trailers. For the purposes set forth in an opin­ (c) A reseller of Randall trailers in any [M P R 120, O rder 1633] ion issued simultaneously herewith and of the territories or possessions of the C a n e B r a n c h C o a l C o . e t a l . filed with the Division of the Federal United States is authorized to sell each Register, and pursuant to sections 9, 10 of the trailers described in paragraph establishment o p m a x im u m p r ic e s a n d and 11 (c) of Revised Maximum Price (a), at a price not to exceed the appli­ PRICE CLASSIFICATIONS Regulation 136, It is ordered: cable price established in paragraph (b), For the reasons set forth in an accom­ (a) H. P. Randall Manufacturing Com­to which it may add a sum equal to the panying opinion, and in accordance with pany, Demopolis, Alabama, may sell, expense incurred by or charged to it for § 1340.210 (a) (6) of Maximum Price f. o. b. plant, each Randall trailer de­ payment of territorial and insular taxes Regulation No. 120; It is ordered: scribed in sub-paragraph (1) below, at a on the purchase, sale or introduction of Producers identified herein operate price not to exceed $79.54 plus federal the trailer; export premiums; boxing and named mines assigned the mine index excise tax, and state and local taxes on crating for export purposes; marine and numbers, the price classifications and the sale or delivery of the trailer and the war risk insurance; and landing, wharf- the maximum prices in cents per net ton cost of transporting the trailer to the ing and terminal operations. for the indicated uses and shipments as purchaser, if any. (d) H. P. Randall Manufacturing n m??1 herein. All are in District No. (1) Description. Marvel Junior, Model Company shall furnish to the Automotive 8* _ Thè mine index numbers and the 101, two-wheel utility trailer, %-ton ca­ Branch, Office of Price Administration, price classifications assigned are per­ pacity, all steel welded frame, body di­ Washington, D. C., not later than Sep­ manent but the maximum prices'may be mensions 48" wide x 84" long x 12" high, tember 3Q, 1946 detailed unit costs based changed by an amendment issued after equipped with 6.00 x 16, 4-ply tires. on actual production during March, 4360 FEDERAL REGISTER, Friday, A pril 19, 1946

April, May, June, July and August 1946. A lvey Brothers Coal Co., 431 L eitchfield R oad, Owensboro,^Ky ., A lvey N o. 2 M in e , 9th Seam, M ine I ndex N o. 922,1 Ohio County, K y ., R ail Shipping P oint, D eanefield, K y „ D eep M in e , M aximum P rice These unit costs, however, shall be com­ Group 3, F or R ail Shipments and R ailroad F uel, the M aximum P rices L isted B elow are A pplicable puted in accordance with Section 10 of On ly to H and L oaded Coal Revised Maximum Price Regulation 136 in order to be on a comparable basis to Size group Nos. those used for this price determination. 26 to 29 1 to 6 8 to 12 17 to 22 13,14 23,24 (e) All requests not granted herein are in cl. 7 incl. incl. incl. 15.16 25 denied. (f) This order may be amended or Rail shipments and railroad fuel_____ 240 230 220 250 195 250 200 145 185 revoked by the Administrator at any Consolidated size groups • A B C D time. Truck shipment.) 300 265 255 220

N o t e : Where the manufacturer’s invoice Previously established. charge to the reseller is increased or decreased H enderson M ining Co., 826 N. M ain St., H enderson K y ., H enderson M ining Co. M in e , 9th Seam, M ine from the previous invoice charge because the I ndex N o. 2056, H enderson County, K y ., R ail Shipping P oint, H enderson, K y ., D eep M in e , M aximum manufacturer has a newly established price P rice Group 3, for R ail Shipment and R ailroad F uel, the maximum P rices L isted B elow are A ppli under section 8 of Revised Maximum Price cable Only to H and L oaded Coal ______' Regulation 136, due to substantial changes in design, specifications or equipment of the Rail shipments and railroad fuel_____ 240 230 220 250 195 250 200 145 185 A B C D trailer, the reseller may add to its price under 300 265 255 220 paragraph (b) the increase in price, plus its t"’ customary markup on such a cost increase, but in the case of a decrease in the price, the -This order shall become effective April forth herein. All are in District No. 4, reseller must reduce its price under paragraph 18, 1946. The mine index numbers and the price (b) by the amount of the decrease and its classifications assigned are permanent customary markup on such an amount. (56 Stat. 23, 765; 57 Stat. 566; Pub. Law but the maximum prices may be changed 383, 78th Cong.; E.O. 9250, 7 F.R. 7871; by an amendment issued after the effec­ This order shall become effective April E.O. 9328, 8 F.R. 4681) 18, 1946. tive date of this order. Where such an Issued this 17th day of April 1946. amendment is issued for the district in Issued this 17th day of April 1946. which the mines involved herein are P a u l A . P o r t e r , located and where the amendment P a u l A . P o r ter , Administrator. Administrator. makes no particular reference to a [F. R. Doc. 46-6444; Filed, Apr. 17, 1946; mine or mines herein, the prices shall [F. R. Doc. 46-6450; Filed, Apr. 17, 1946; 11:32 a. m .] be the prices set forth in such amend­ * 11:31 a. m .] - ment for the price classifications of the respective size groups.. The location of each mine is given by county and state. [M P R 120, Order 1635] [M P R 120, Order 1634] The maximum prices stated to be for A . & R . C o a l C o . e t a l . truck shipment are in cents per net ton A l v e y B r o s . C o a l C o . a n d H e n d e r s o n f. o. b. the mine or preparation plant ESTABLISHMENT OF MAXIMUM PRICES AND M i n i n g C o . and when stated to be for rail shipment PRICE CLASSIFICATIONS or for railroad fuel are in cents per net establishment o f m a x i m u m p r ic e s For the reasons set forth in an accom­ ton f. o. b. rail shipping point. In cases AND PRICE CLASSIFICATIONS panying opinion, and in accordance with where mines ship coals by river the prices For the reasons set forth in an ac­ § 1340.210 (6) of Maximum Price for such shipments are those established companying opinion, and in accordance Regulation No. 120; It is ordered: for rail shipment and are in cents per with § 1340.210 (a) (6) of Maximum Producers identified herein operate net ton f. o. b. river shipping point. Price Regulation No. 120, It is ordered: named mines assigned the mine index However, producer is subject to the pro­ numbers, the price classifications and the Producers identified herein operate visions of § 1340.215 and all other pro­ maximum prices in cents per net ton, for namec^ mines assigned the mine index visions of Maximum Price Regulation the indicated uses and shipments as set numbers, the price classifications and the No. 120. maximum prices in cents per net ton, A. & R. Coal Co., Box 103,Cheshire,Ohio, c/o F. D. A llensworth, Partner, A . & R. C oal Co. M ine, 8-A Seam. M ine I ndex N o. 4274, Gallia County, Ohio, Subdistrict N o. 8 for all M ethods of Shipment, D eep M ine, for the indicated uses and shipments as R ail Shipping P oint, M iddleport, Ohio. . set forth herein. All are in District No. 9. The mine index numbers and the Size group Nos. price classifications assigned are perma­ nent but the maximum prices may be 1 2 3 3A 4 5 6 7 8 9 10 11 12 changed by an amendment issued after the effective date of this order*. Where Rail shipments and railroad fuel ...... 351 351 321 321 321 321 311 271 271 276 286 such an amendment is issued for the Truck shipment...... 401 401 401 361 361 291 291 266 256 291 291 district in which the mines involved J u g R u n C o a l C o . , c / o P . R . N i c h o l s o n , D i l l o n v a l e , O h i o , V i r g i n i a M i n e , N o . 8 S e a m , M i n e I n d e x N o . herein are located and where the amend­ 4276, J e f f e r s o n C o u n t y , O h i o , S u b d i s t r i c t N o . 1 f o r a l l M e t h o d s o f S h i p m e n t , D e e p M i n e , R a i l S h i p ­ ment makes no particular reference to a p i n g P o i n t , D i l l o n v a l e , O h i o mine or mines involved herein, the prices Rail shipments and railroad fuel. 331 331 311 311 311 311 ' 296 261 251 286 296 shall be the prices set forth in such' Truck shipment.....____ .... ___ 386 386 386 346 346 316 316 291 281. 316 316 amendment for the price classifications of the respective size groups. The loca­ P yk e & L yons Coal Co., c/o Cardinal F uel Supply Co., A gt., Columbus, Ohio, P yk e & L yons M ine, No. 6 Seam, M ine I ndex N o. 4275, P erry County, Ohio, Subdistrict N o. 6 for all M ethods o f-Shipment, Strip tion of each mine is given by county and M in e , R ail Shipping P oint, Bristol, Ohio State. The maximum prices stated to be for truck shipment are in cents per Rail shipment and railroad fuel. 325 325 295 1 295 295 295 285 '245 245 250 2 1 0 250 Truck shipment...... ______360 360 360 320 320 265 265 230 230 265 265 net ton f. o. b. the mine or preparation plant and when stated to be for rail ship­ T he R end M ar Coal Co., Corning, Ohio, Green R un M in e , N o. 6 and/or N o. 7 Seams, M ine I ndex N o. ment or for railroad fuel are in cents 4273, A thens County, Ohio, Subdistrict N o. 5 for A ll M ethods of Shipment, Strip M in e , R ail Shipping per net ton f. o, b. rail shipping point. P oint: M odoc, Ohio In cases where mines ship coals by river Rail shipments and railroad fuel. 365 365 325 325 325 325 305 280 270 305 245 305 the prices for such shipments are those Truck shipment—...... 390 390 390 350 350 260 290 250 240 280 .. .. . 290 established for rail shipment and are irr cents per net ton f. o. b. river shipping T in y Coal Co., Box 53, Crooksville, Ohio, T in y M in e , N o. 6 Seam, M ine Index N o. 4270, P erry County Ohio, Subdistrict N o. 6 for A ll M ethods of Shipment, Strip M in e , R ail Shipping P oint: Crooksville, point. However, producer is subject to Ohio the provisions of § 1340.220 and allvother Rail shipments and railroad fuel. 325 325 295 295 295 295 285 245 245 250 210 250 provisions of Maximum Price Regula­ Truck shipment______360 360 360 320 320 265 265 230 230 265 265 tion No. 120. FEDERAL REGISTER, Friday, April 19, 1946 4361'

This order shall become effective April Issued this 17th day of April 1946. but the maximum prices may be changed 18, 1946. by an amendment issued after the effec­ P a u l A . P o r t e r , (56 Stat. 23, 765; 57 Stat. 566; Pub. Law Administrator. tive date of this order. Where such an amendment is issued for the district in 383, 78th Cong.; E.O. 9250, 7 F.R. 7871; [F . R, Doc. 46-6449; Filed Apr. 17, 1946; E.O. 9328, 8 F.R. 4681) which the mines involved herein are lo­ .»11:36 a. m .] cated and where the amendment makes Issued this 17th day of April 1946. no particular reference to a mine or mines involved herein, the prices shall be P a u l A . P o r t e r , [M P R 120, Order 1636] Administrator. -the prices set forth in such amendment B ig C r e e k C o a l C o . e t a l . • for the price classifications of the respec­ [F. R. Doc./ 46-6445; Filed, Apr. 17, 1946; ESTABLISHMENT OF M AX IM UM PRICES AND tive size groups. The location.of each 11:34 a. m .] mine is given by county and state. The PRICE CLASSIFICATIONS maximum prices stated to be for truck [RMPR 136, Amdt. 1 to Order 584] For the reasons set forth in an accom­ shipment are in cents per net ton f. o. b. panying opinion and in accordance with the mine or preparation plant and when B e n -H ur M fg. Co. § 1340.210 (a) (6) of Maximum Price stated to be for rail shipment or for rail­ AUTHORIZATION OF MAXIMUM PRICES Regulation No. 120; It is ordered: road locomotive fuel are in cents per net Producers identified herein operate ton f. o. b. rail shipping point. In cases For'the reasons set forth in an opin­ named mines assigned the mine index where mines ship coals by river the prices ion issued simultaneously herewith and numbers, the price classifications and the for such shipments are those established filed with the Division of the Federal maximum prices in cents per net ton for for rail shipment and are in cents per net Register, and pursuant to sections 9, 10 the indicated uses and shipments as set ton f. o. b. river shipping poirit. How­ and 11. (c) of Revised Maximum Price forth herein. All are in District No. 11. ever, producer is subject to the provisions Regulation 136, It is ordered: The mine index numbers and the price of § 1340.222 and all other provisions of Order No. 584 under Revised Maxi­ classifications assigned are permanent Maximum Price Regulation No. 120rr^ mum' Price Regulation 136 is amended in the following respects: Big Creek Coal Co., c/o L otjis G. W asson, Boonville, I nd., Big Creek No. 1 M in e , 5th V ein Seam , M ine I ndex No. 2039, W arrick County, I nd ., M aximum T ruck P rice Group N o. 2, Strip M in e , M aximum R ail (1) The narrative in paragraph (a) of P rice Group N o. 10. Order No. 584 preceding subparagraph (1) is amended to read as follows: Size group Nos. (a) Ben-Hur Manufacturing Com­ 4,5, 1,2,3 7 9 to 12 17 to 22 pany, 634 East Keefe Avenue, Milwaukee, 6,8 incl. ind. 13,14 23,24 26,27 30, 31 15 25 28,29 32 16 33 34 Wisconsin, may sell to distributors, f. o. b. plant, each Ben-Hur Model 23-46 Rail shipment...... 253 253 213 228 243 193 218 208 213 153 .188 174 178 123 ' 173 213 trailer and optional equipment described Truck, shipment____ 333 318 268 258 273 238 263 253 258 173 208 193 198 143 .203 243 in subparagraph (1) below at a price not to exceed the prices contained in Railroad locomotive fuel: subparagraph (2) below, plus federal ex­ Mine run, modified mine run all lump and double-screened coals___ . ______1______253 cise tax and state and local taxes on Screenings top size not exceeding 2 ".______•______' ___ ..HI.,.111__198 its sale or delivery of the trailer and Birch Creek Coal Co., I nc., Brazil T rust Bldg., Brazil I nd., Birch Creek K nightsville M in e , Brazil optional equipment and the cost of trans­ Block; Seam , M ine I ndex N o. 2033, Cla y County, I nd ., M aximum T ruck P rice Group N o. 1, Strip M ine porting the trailer and equipment to the M aximum R ail P rice Group N o. 15 purchaser, if any. Size group Nos. (2) The narrative in paragraph (b) preceding subparagraph (1) and sub- 1,2,3 4, 5,6,8 . 7 9,10,11, 13,14 paragraph (1) are amended to read as 12 15 16 follows: 0 Rail shipment...... , . * 353 288 278 258 213 173 143 • (b) Ben-Hur Manufacturing- Com­ Truck shipment...... pany is authorized to sell direct to deal­ 398 338 303 273 243 168 138 ers and consumers the trailer and op­ Railroad locomotive fuel: tional equipment described in paragraph M in e run, modified mine run and all lump and-double-screened c o a ls ...... 253 (a) (1) above at prices not to exceed Screenings, top size not exceeding 2*'______;______...._____ ;....’*IH ..IIIIT" 198 the applicable prices for sueh sales con­ T he M aumee Collieries C o., T ebre H aute, I nd., A irline N o. 29 M in e , 5th V ein Seam, M ine I ndex N o. 2026, tained in subparagraphs (1) arid (2) be­ ClaYC ounty, I nd., M aximum T ruck P rice Group N o. 2, Strip M in e , M aximum R ail P rice Group N o. 9 low arid to suggest to resellers as resale prices to dealers and consumers for such Size group Nos. trailer and optional equipment prices not to exceed the applicable prices for such 4,5, 9 to 12, 17 to 22, 13, 23, -26, 30, 1,2,3 7 15 25 28, 32 resales contained in subparagraphs (1) 1 ¡ ¡ ¡ g 6,8 incl. incl, 14 24 27 31 29 16 33 34 arid (2) below. (1) Prices. Rail shipment______253 253 213 228 243 193 218 208 213 153 188 173 178 123 173 213 Truck shipment_____ 333 318 268 258 273 238 263 253 258 173 208 193 198 143 203 243

Description Prices to Prices to dealers consumers Railroad locomotive fuel: Mine run, modified mine run, and all lump and double-screened coals______253 Screenings, top size not exceeding 2"______]______.’ ___ *2. 111-111 198 Basic trailer. $95.37 $127.15 Stake assemblv 17.62 23.49 Stendal Coal Corp., Stendal, I nd., Stendal M in e , 4th V ein Seam, M ine I ndex N o. 2027, P ike County, Bow assemblv 2.29 3.05 .Ind., M aximum T ruck P rice Group N o. 2, Strip M ine, M aximum R ail P rice Group 10 Tarpaulin.. 19.20 25.60 Complete with optional equipment... , 134. 48 179. 29 Size group Nos.

4,5, 9 to 12, 17 to 22, 18, 23, 26, 30, 28, (c) All requests not granted herein 1,2,3 7 15 25 32 16 33 34 are denied. '6,8 incl. ■ incl. 14 24 27 31 29 (d) This amendment may be revoked Rail shipment______253 253 213 228 243 193 218 208 213 153 188 173 178 123 173 213 or amended by the Administrator at any Truck-shipment...... 333 318 268 258 273 238 263 253 258 173 208 193 time. 198 143 203 243 This amendment shall be effective Railroad locomotive fuel: Mine run, modified mine run.and all lump and double-screened coals______...... 253 April 18, 1946. Screenings, top size not exceeding 2"______•...... 198 4362 FEDERAL REGISTER, Friday, April 19, m e

T he Y ake Coal Co., N ew berry, I nd., Y ake M in e , 4th V ein Se a u , M ine I ndex N o. 2037, Green County, I nd., M aximum T ruck P rice Group N o. 3, Strip M ine (b> The manufacturer and whole­ salers shall grant, with respect to their sales of each brand and size or frontmark Size group Nos. of domestic cigars for which maximum prices are established by this order, the 9 to 12, 1,2,3 4,5,6,8 7 13,14 incl. 15 16 33 34 discounts they customarily granted in March 1942 on their sales of domestic cigars of the same price class to pur­ Truck shipment...... ;...... 358 338 303 273 253 198 223 263 168 chasers of the same class, unless a change therein results in a lower price. Pack­ This order shall become effective April the Office of Price Administration, Wash­ ing differentials charged by the manu­ 18, 1946. ington, D. C., under the Fourth Pricing facturer-or a wholesaler in March 1942 (56 Stat. 23, 765; 57 Stat. 566; Pub. Law Method, § 1499.158, of Maximum Price on sales of domestic cigars of the same 383, 78th Cong.; E.O. 9250, 7 F.R. 7871; Regulation 188, for the establishment price class to purchasers of the same class E.O. 9328, 8 F.R. 4681) of maximum prices for those sales, and may be charged on corresponding sales no sales or deliveries may be made until of each brand and size or frontmark of Issued this 17th day of April 1946. maximum prices have been authorized by cigars priced by this order, but shall not P a u l A . P o r t e r , the Office of Price Administration. be increased. Packing differentials al­ Administrator. (b) The manufacturer shall attach alowed by the manufacturer or a Whole­ tag or label to every article for which saler in March 1942 on sales of domestic [F. R. Doc. 46-6446; Filed, Apr. 17, 1946; a maximum price for sales to consumers 11:35 a. m .] cigars of the same price class to pur­ is established by this order. That tag or chasers of the same class shall be allowed . label shall contain the following state­ on corresponding sales of each brand ment, with the proper model number and [M P R 188, Order 4964] and size or frontmark of cigars priced the ceiling price inserted in the blank by this order and shall not be reduced. B r o a d w a y L a m p S h a d e C o . spaces; If a brand and size or frontmark of Model N o . ______APPROVAL OF MAXIMUM PRICES domestic cigars for which maximum OPA Retail Ceiling Price— $______prices are established by this order is of For the reasons set forth in an opinion Do Not Detach a price class not sold by the manufac­ issued simultaneously herewith and filed •(c) At the time of, or prior to, the first turer or the particular wholesaler in with the Divisioii of the Federal Reg­ March 1942, he shall, with respect to his ister, and pursuant to § 1499.158 of Max­ invoice to each purchaser for resale, the manufacturer shall notify the purchaser sales thereof, grant the discounts and imum Price Regulation No. 188; It is may charge and shall allow the packing ordered: in writing of the maximum prices and conditions established by this order for differentials .customarily granted, (a) This order establishes maximum charged or allowed (as the case may be) prices for sales and deliveries of certain salés by the purchaser. This notice may be given in any convenient form. in March 1942 by his most closely com­ articles manufactured by Broadway petitive seller of the same class on sales Lamp Shade Co., 878 Broadway, New (d) Jobbers’ maximum prices for sales of the articles covered by this order shall of domestic cigars of the same March York, N. Y. 1942 price class to purchasers of the (1) Fqr all sales and deliveries to the be established under the provisions of section 4.5 of SR 14J. same class. following classes, of purchasers by the .(e) This order may be revoked or (c) On or before the first delivery to sellers indicated below, the maximum any purchaser of each brand and size' prices are those set forth below: amended by the Price Administrator at any time. or frontmark of domestic cigars for (f) This order shall become effective which maximum prices are established For sale by on the 18th da^ of April 1946. by this order, the manufacturer and manufacturer For sale every other seller, (except a retailer) to by any Article and Model No. person Issued this 17th day of April 1946. shall notify the purchaser of the maxi­ to con­ mum list price and the maximum ietail Re­ sumer P a u l A . P o r t e r , Jobber tailer Administrator. price established by this order for such brand and size or frontmark of domestic . [F. R. Doc. 46-6453; Filed, Apr. 17, 1946; cigars. The notice shall conform to and H and made satin or taffeta over 11:33 a. m .] parchment paper lamp shade be given in the manner prescribed by with fluted acetate skirt— § 1358.113 of Maximum Price Regula­ braided-trimmed' top and' bottom: Each Each Each tion No. 260. 8"—1400_...... $2.34 $2.75 $4.95 fd i Unless the context otherwise re­ . [M P R 260, Order 2133] 9"—1400...... - 2.97 3.50 6.30 quires, appropriate provisions of Maxi­ 14"—1400______. 5.10 6.00 10.80 15"—1400...... 5.95 7.00 12.60 M o r g a n C ig a r 'C o . mum Price Regulation No. 260, shall apply tô sales for which maximum prices ESTABLISHMENT OF M A X IM U M PRICES are established by this order. These maximum prices are for the ar­ (e) This order may be revoked or ticles described in the manufacturer’s For the reasons set forth in an opinion amended by the Price Administrator at application dated March 12, 1946. accompanying this order, and pursuant any time. (2) For sales by the manufacturer, to § 1358.102 (b) of Maximum Price Reg­ the maximum prices apply to all sales ulation No. 260; It is ordered, That: ,. . This order shall become effective April and deliveries since Maximum Price (a) Morgan Cigar Company, 1403 N. 18, 1946. Howard Avenue, Tampa, (here­ Regulation No. 188 became applicable to Issued this 17th day of April 1946. those sales and deliveries. For sales to inafter called “manufacturer” ) and persons other than consumers they are wholesalers and retailers may sell, offer P a u l A . P o r t e r , f. o. b. factory, 2% 10 days, net 30. The to sell or deliver and any person may Administrator. maximum price to consumers is net, de­ buy, offer to buy or receive each brand [F. R. Doc. 46-6455;' Filed, Apr. 17, 1946; livered. and size or frontmark, and packing of the 11:33 a. m .] (3) For sales by persons other than the following domestic cigars at the appro­ manufacturer, the maximum prices ap­ priate maximum list price and maximum [M P R 120, Order 1638] ply to all sales and deliveries after the retail price set forth below: effective date of this order. Those prices D a v id s o n C o a l C o . e t a l . are subject to each seller’s , customary Maxi­ Maxi­ establishment o f m a x i m u m p r ic e s and Pack­ mum terms and conditions of sale on sales of Brand Size or mum frontmark ing list retail PRICE CLASSIFICATIONS similar articles. • * price price (4) If the manufacturer wishes to For the reasons set forth in an accom­ make sales and deliveries to any other panying opinion, and in accordance with Per M Cents class of purchaser or on other terms and Juan de Fuca___ Panetelas..... 50 $82.50 11 § 1340.210 (a) (6) of Maximum Price conditions of sale, he must apply to Regulation No. 120; It is ordered: 3 3ED EFriday, R A L R E April G IS T E 19, R , 1946 4363FE

P ro d u cers identified herein operate amendment for the price classifications suant to section 16 of Maximum Price nam ed mines assigned the mine index of the respective size groups. The loca­ Regulation 592, It is ordered: num bers, the price classifications and the tion of each mine is given by county and (a) The Crossman Company, South maximum prices in cents per net ton state. The maximum prices stated to be Amboy, , may increase its for the indicated uses and shipments as for truck shipment are in cents per net maximum net f. o. b. and delivered prices set forth herein. All are in District No. ton f. o. b. the mine or preparation plant established under Maximum Price Reg­ 13. The mine index numbers and the and when stated to be for rail shipment ulation 592 to each class of purchaser for price classifications assigned are per­ or for railroad fuel are in cents per net sales of fireclay by amounts not in excess of the following: manent but the maximum prices may ton f. o. b. rail shipping point. In cases be changed by an amendment issued where mines ship coals by river the prices Fireclay: • Adjustm ent per ton after the effective date of this order. for such shipments are those established Bondrite ______!______$0.40 Where such an amendment is issued for No. 451 Series______l. 70 for rail shipment and are in cents per the district in which the mines involved No. 452 Series______1 2. 50 herein are located and where the amend­ net ton f . o. b. river shipping point. How­ No. 453 Series______3.00 All other grades______. 80 ment makes no particular reference to a ever, producer is subject to the provisions mine or mines involved herein, the prices of § 1340.224 and all other provisions of (b) Notwithstanding the provisions of shall be the prices set forth in such Maximum Price Regulation No. 120. paragraph (a) above, the Crossman Com­ pany may establish adjusted maximum D a v i d s o n Coal Co., R oute N o. 1, A damsvtlle, A la ., Blossbtjhq M in e , P ratt Seam , M ine I ndex N o. 2l8l> J e f f e r s o n County, A l a ., R ail Shipping P oint, Blossburg, A l a ., Strip M in e , M aximum P rice Group N o. 3, prices for truck deliveries which reflect FO R B a it . SHIPMENTS AND RAILROAD FUEL, MAXIMUM TRUCK PRICE GROUP N o . 5 customary percentage differentials uver prices established for carload deliveries Size group Nos. by rail. (c) Any person purchasing fireclay 1 to 5 13,19, 6,8,10 7,9,11 12,14, 17,18 22,23 manufactured by the Crossman Company . incl., 15,16 20,21 for the purpose of resale in the same form may increase his presently established Rail shipment and railroad fuel...... -...... 420 420 410 420 410 410 400 maximum prices under the Gênerai Max­ Track shipment...... , ...... 510 505 495 460 450 455 435 imum Price Regulation by a dollars-and- cents amount not exceeding his actual Davidson P ratt M ining C o., c/o H. B. R obinson, C omer Bldg., Birmingham 3. A l a ., A. B. C. No. 2 M ine, P r a t t Seam, M ine I ndex N o. 2147, Jefferson C ounty, A l a ., R ail Shipping P oint, Blossburg, A l a ., D eep dollars-and-cents increase in cost result­ M i n e , M aximum P rice Group N o. 3, for R ail Shipments and R ailroad F uel, M aximum T ruck P rice ing from the increase permitted in (a) G r o u p N o. 5 , , and (b) above. (d) Notwithstanding the provisions of Rail shipment and railroad fuel...... 420 420 410 420 410 410 400 paragraph (c) above, a reseller’s maxi­ Track'shipment..,...... 510 505 495 460 450 455 435 mum price for sales of fireclay to a par­ ticular class of purchaser may be in­ Davidson P r a t t M i n i n g C o . , c / o H . B . R o b i n s o n C o m e r B l d g . , B i r m i n g h a m 3, A l a . , A . B . C. N o. 4 M i n e , P ratt S e a m , M i n e I n d e x N o . 2148, J e f f e r s o n C o u n t y , A l a . , R a i l S h i p p i n g P o i n t , B l o s s b u r g , A l a . , D e e p creased to the Crossman Company’s max­ Mine, M a x i m u m P r i c e G r o u p N o . 3, f o r R a i l -S h i p m e n t s a n d R a i l r o a d F u e l , M a x i m u m T r u c k P r i c e imum price to that same class of pur­ Group N o. 5 chaser where the reseller customarily purchases at a discount off the manufac­ 420 420 410 420 410 410 400 610 505 495 460 450 455 435 turer’s list price and resells to the same class of purchaser. (e) Order No. 9 under section 16 of D a v i d s o n P ratt M ining Co., c/o H. B. R obinson C ^ ier Bldg., Birmingham 3, A l a ., A. B. C. No. 6 M in e , P r a t t Seam, M ine I ndex n o . 2149, Jefferson C o u n t s A l a ., R ail Shipping P oint, Blossburg, A l a ., D eep Maximum Price Regulation 592 is here­ M ine, M aximum P rice.Group N o. 3, for R ail Shipments and R ailroad F uel, M aximum T ruck P rice by revoked. G r o u p N o. 5

[M P R 260, Order 2134] (d) Unless the context otherwise re­ Maxi­ Maxi­ S[ze or Pack­ mum mum D i a z & B o r r e g o C ig a r C o . quires, appropriate provisions of Maxi­ Brand . frontmark ing list retail mum Price Regulation No. 260, shall ap­ price price ESTABLISHMENT OF M A X IM UM PRICES ply to sales for which maximum prices For the reasons set forth in an opinion are established by this order. Per M Cents (e) This order may be revoked or Di Pascale...... 4"...... SO $24 3 accompanying this order, and pursuant to § 1358.102 (b) of Maximum Price Reg­ amended by the Price Administrator at ulation No. 260; It is ordered. That: any time. (b) The manufacturer and wholesal­ (a) Diaz & Borrego Cigar Company, This order shall become effective April ers shall grant, with respect to their sales 2705 12th Street, Tampa 5, Fla. (here­ 18, 1946. of each brand and size or frontmark of inafter called “ manufacturer” ) and domestic cigars for which maximum wholesalers and retailers may sell, offer Issued this 17th day of April 1946. prices are established by this order, the to sell or deliver and any person may buy, P a u l A . P o r t e r , discounts they customarily granted in offer to buy or receive each brand and Administrator. March 1942 on their sales of domestic size or frontmark, and packing of the cigars of the same price class to pur­ [P. R. Doc. 46-6456; Piled, Apr. 17, 1946; following domestic cigars at the appro­ 11:33 a. m .] chasers of the same class, unless a change priate maximum list price and maximum therein results in â lower price. Packing retail price set forth below: differentials charged by the manufac­ [M P R 188, Corr. to Order 4938] turer or a wholesaler in March 1942 oh Maxi­ Maxi­ sales of domestic cigars of the same price Size or Pack­ mum mum J o s e p h S h a w C o. Brand frontmark ing list retail class to purchasers of the same class may price price be charged on corresponding sales of each APPROVAL OF MAXIMUM PRICES brand and size or frontmark of ‘cigars Per M Cents Order No. 4938, issued on April 4, 1946, priced by this order, but shall not be in­ Joys...... SO $90 12 was incorrectly numbered. It is hereby creased. Packing differentials allowed Virginia-Lee...... 50 90 12 corrected to read Order No. 4962. by the manufacturer or a wholesaler in Issued this 17th day of April 1946. March 1942 on sales of domestic cigars (b) The manufacturer and wholesal­ of the same price class to purchasers of ers shall grant, with respect to their sales „ P a u l A. P o r t e r , the same class shall be allowed on cor­ of each brand and size or frontmark Administrator. responding sales of each brand and size of domestic cigars for which maximum [P. R. Doc. 46-6452; Piled, Apr. 17, 1946; or frontmark of cigars priced by this or­ prices are established by ¿his order, the 11:33 a .m .] der and shall not be reduced. If a brand discounts they customarily granted in and size or frontmark of domestic cigars March 1942 on their sales of domestic for which maximum prices are estab­ cigars of the same price class to pur­ lished by this order is of a price class not chasers of the same class, unless a change [M P R 120, Order 1637] sold by the manufacturer or the particu­ therein results in a lower price. Pack­ S u p e r io r C o a l C o . e t a l . lar wholesaler in March 1942, he shall, ing differentials'charged by the manu­ with respect to his sales thereof, grant facturer or a wholesaler in March 1942 on ESTABLISHMENT OF M A X IM U M PRICES AND the discounts and may charge and shall sales of domestic pigars of the same price PRICE CLASSIFICATIONS allow the packing differentials custom­ class to purchasers of the same class may For the reasons set forth in an accom­ arily granted, charged or allowed (as the be charged on'corresponding sales of each panying opinion, and in accordance with case may be) in March 1942 by his most brand and size or frontmark of cigars § 1340.210 (a) (6) of Maximum Price closely competitive seller of the same priced by this order, but shall not be in­ Regulation No. 120; It is ordered: class on sales Of domestic cigars of the creased. Packing differentials allowed Producers identified herein operate same March 1942 price class to purchas­ by the manufacturer or a wholesaler in named mines assigned the mine index ers of the same class. March 1942 on sales of domestic cigars numbers, the price classifications and the (c) On or before the first delivery to of the same price class to purchasers of maximum prices in cents per net ton, for any purchaser of each brand and size or the same class shall be allowed on cor­ the indicated uses and shipments as set frontmark of domestic cigars for which responding sales of each brand and size forth herein. All are in District No. 2. maximum prices are established by this or frontmark of cigars priced by this The mine index numbers and the price order and shall not be reduced. If a order, the manufacturer and every other classifications assigned are permanent brand and size or frontmark of domestic but the maximum prices may be changed seller (except a retailer) shall notify the cigars for which maximum prices are purchaser of the maximum list price and by an amendment issued after the effec­ established by this order is of a price tive date of this order. Where such an the maximum retail prjce established by class not sold by the manufacturer or the amendment is issued for the district in this order for such brand and size or particular wholesaler in March 1942, he which the mines involved herein are lo­ frontmark of domestic cigars. The no­ shall, with respect to his sales thereof, cated and where the amendment makes tice shall conform to and be given in the grant the discounts and may charge and no particular reference to a mine or shall allow the packing differentials cus­ manner prescribed by § 1358.113 of Maxi­ mines involved herein, the prices shall be mum Price Regulation No. 260. tomarily granted, charged or allowed (as the case may be) in March 1942 by his the prices set forth in such amendment (d) Unless the context otherwise re­ for the price classifications of the respec­ quires, appropriate provisions of Maxi­ most closely competitive seller o f the same class on sales of domestic cigars tive size groups. The location of each mum Price Regulation No. 260 shall ap­ of the same March 1942 price class to mine is given by county and state. The ply to sales for which maximum prices purchasers of the same class. maximum prices stated to be for truck are established by this order. (c) On or before the first delivery to shipment are in cents per net ton f. o. b. (e) This order may be revoked or any purchaser of each brand and size or the mine or preparation plant, and when amended by the Price Administrator at frontmark of domestic cigars for which stated to be for rail shipment or for rail­ any time. maximum prices are established by this road fuel are in cents per net ton f. o. b. order, the manufacturer and every other This order shall become effective April rail shipping point. In cases where seller (except a retailer) shall notify the 18,1946. mines ship coal by river the prices for purchaser of the maximum list price and such shipments are thoSQ established for Issued this 17th day of'April 1946. the maximum retail price established by this order for such brand and size or rail shipment and are in cents per net P a u l A . P o r t e r , ton f. o. b. river shipping point. How­ Administrator. frontmark of domestic cigars. The no­ tice shall conform to and be given in the ever, producer is subject to the provisions [P. R. Doc. 46-6462; Piled, Apr. 17, 1946; manner prescribed by^§ 1358.113 of Maxi­ of § 1340.213 and all other provisions of 11:28 a. m.] - mum Price Regulation No. 260. Maximum Price Regulation No. 120. FEDERAL REGISTER, Friday, April 19, 1946 ' 4365

SUPERIOR COAL CO., C/O CARLO TEODORI, BOX 34, LAWRENCE, PA., TEODOR! MINE, PITTSBURGH SEAM, MiNE This order shall become effective April Index N o. 4503, A llegheny County, P a ., Subdxstrict 7, R ah, Shipping P oint: Carnegie, P a ., Strip M ine, Railroad F uel P rice Group A, M aximum T ruck P rice GRoyp N o . 6 18,1946. (56 Stat. 23, 765; 57 Stat. 566; Pub. Law 383, 78th Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 8 F.R. 4681) Issued this 17th day of April 1946.

P a u l A. P o r t e r , Administrator. [F. R. Doc. 46-6447; Filed, Apr. 17, 1946; 11:35 a. m .]

S y c a m o r e Coal Co., c/o F rank Sholtis, Box 141, F aibchance, P a ., Clark M ine, P ittsburgh Seam, M ine I n d e x N o. 4494, F ayette County, P a ., Subdistrict 3, R ail Shipping P oint: Shoaf, P a ., Strip M ine, R ailroad Fuel P rice G roup A, M aximum T ruck P rice Group N o. 7 [M P R 260, Order 2135]

S t u a r t S . S h i n d l e r EEO O CD DDD 319 319 319 319 319 299 279 279 254 ESTABLISHMENT OF M A X IM U M PRICES Railroad fuel______;______319 319 319 319 319 299 279 279 254 254 * Truck shipment...... 424 424 424 394 384 384 384 319 299 299 274 For the reasons set forth in an opin­ ion accompanying this order, and pursu­

T a s a Coal Co., P. O. Box 377, Zelienople, P a ., T asa N o. 8 M ine, K ittanning Seam, M ine I ndex N o. 450l> ant to § 1358.102 (b) of Maximum Price Beater County, P a ., Subdistrict l, R ail Shipping P oint: Zelienople, P a ., Strip M ine, R. R. F uel P rice Regulation No. 260; It is ordered, That: Group A, M aximum T ruck P rice Group N ò. 4 (a) Stuart S. Shindler, 338 N. Main Street, Red Lion, Pa. (hereinafter called Price classification...... EEDD S CDD D Rail shipment,. . 319 319 309 309 319 309 279 279 254 “manufacturer” ) and wholesalers and Railroad fu el...^... . . ______-______319 319 309 309 319 309 -279 279 254 254 retailers may sell, offer to sell or deliver Truck shipment...... x...... 424 424 424 409 384 384 384 314 274 274 254 and any person may buy, offer to buy or receive each brand and size or front- V e n t u r i n i B rothers, R. D. N o. 2, L eechburg, P a ., V enturini M in e , U pper F reeport Seam, M ine I ndex mark, and packing of the following do­ N o . 1419, W estmoreland County, P a ., Subdistrict 2, R ail Shipping P oint: K iskiminetas Jct., P a ., D eep mestic cigars at the appropriate maxi­ M i n e , R. R. F uel P rice Group A mum list price and maximum retail price

Price classification.!...... FFE EEE FFF set forth below: 330 330 325 325 325 315 295 295 280 Railroad fu el.______335 335 335 335 335 320 295 295 290 290 Truck shipment1...... 435 435 435 415 885 385 385 325 305 305 275 Maxi- Maxi- Size or Pack- mum Brand mum frontniark ing list retail 1 Previously established price price

Sims L umber Co., B ox 278, W ashington, P a ., Sims M in e , W aynesburg Seam , M ine I ndex N o. 4487, W ash­ Per M Cents i n g t o n County, P a ., Subdistbict 7, R a h Shipping P oint, A vella, P a ., Strip M in e , R. R. F uel P rice Group mperial Demand. Perfectos i...... 50 $75 B, M aximum T ruck P rice Group N o. 6 V 10

Raw coal price classification...... JJ HHHH J J J 1 Prices apply to this brand and frontmark using only Raw strip-mined cnal rail shipment,. , ...... _____ 294 294 279 279 279 269 244 244 234 Shade grown (Type 61) wrappers of grades specified in application. Attention of manufacturer is Raw strip-mined coal railroad fuel______299 299 299 299 299 284 244 244 244 244 Raw strip-mined coal truck shipment...... 434 434 434 394 384 384 384 334 directed to average retail price ceiling requirement of 299 299 264 MaximumPrice Regulation 260. (b) The manufacturer and wholesalers Sims L u m b e r C o . , B o x 278, W a s h i n g t o n , P a . , S i m s M i n e , W a y n e s b u r g S e a m , M i n e I n d e x N o . 4487, W a s h i n g ­ t o n C o u n t y P a . , S u b d i s t r i c t 7, R a i l S h i p p i n g P o i n t , A v e l l a , P a ., S t r i p M i n e , R . R . F u e l P r i c e G r o u p B shall grant, with respect to their sales of each brand and size or frontmark of Washed coal price classification...... F FFFFF F domestic cigars for which maximum Washed strip-mined coal rail shipment...... 284 284 284 274 259 259 244 prices are established by this order, the Washed strip-mined coal railroad fuel______299 299 299 284 259 259 244 244 .... discounts they customarily granted in March 1942 on their sales of domestic Subject to the provisions o.' order L-586 under M P R 120. cigars of the same price class to pur­ Wyano Coal Co., c/o F rank B ogley, P artner, P. O. B ox 138, W yano , P a ., W yano N o. 1 M in e , P itts chasers of the same class, unless a burgh SeaHi , M ine I ndex N o. 4488, W estmoreland C ounts, P a ., Subdistrict 9, R ail Shipping P oint: change therein results in a lower price. Smithton, P a ., Strip M in e , R. R. F uel P rice Group A, M aximum T ruck P rice Group N o. 8 Packing differentials charged by the manufacturer or a wholesaler in March Price classification... DD CCCC CC C Rail shipment______319 319 319 319 319 309 284- 284 264 1942 bn sales of domestic cigars of the Railroad fuel . 319 319 319 319 319 309 284 284 264 254 same price class to purchasers of the Truck shipment___ 424 424 424 404 374 874 374 314 294 294 264 same class may be charged on corre­ sponding sales of each brand and size or C h u t z B r o s . , 507 E. L easure A v e ., N ew Castle, P a ., Chutz Bros. M in e , K ittanning Seam , M ine I ndex frontmark of cigars priced by this order, N o . 4477, L awrence C ounty, P a ., Subdistbict 1, Strip M in e , M aximum T ruck P rice Group N o. 3 but shall not be increased. Packing dif­ ferentials allowed by the manufacturer Truck shipment___ _ 444 444 444 409 404 404 404 329 274 274 249 or a wholesaler in March 1942 on sales of domestic cigars of the same price class S t e p h e n A. F rederick, R. D. N o. 1, F ayette Cit y , P a ., Biggies Coal C ov M in e , P ittsburgh Seam , M ine to purchasers of the same class shall be i n d e x N o . 4486, W ashington C ounty, P a ., Subdistrict 9, D eep M in e , M aximum T ruck Brice Group N o. 6 allowed on corresponding sales of each brand and "size or frontmark of cigars Truck shipment. 445 445 445 405 895 395 395 345 310 310 priced by this order and shall not be reduced. If a brand and size or front-

R e b e l C o a l C o . , 204 C a s t l e S h a n n o n B o u l e v a r d , P i t t s b u r g h , P a . , R e b e l M i n e , P i t t s b u r g h S e a m , M i n e mark of domestic cigars for which maxi­ i n d e x N o . 4352, A l l e g h e n y C o u n t y , P a . , S u b d i s t b i c t 7, D e e p M i n e , M a x i m u m T r u c k P i i c e G r o u p N o. 6 mum prices are established by this order is of a price class not sold by the manu­ Truck shipment 445 445 445 410 380 380 380 345 305 805 290 facturer or the particular wholesaler in March 1942, he shall, with respect to his

V O L K E R S r POTHATKE, BOX 165, NORTH BESSEMER, PA., OLD PLUM CREEK MiNE, PITTSBURGH SEAM, MiNE INDEX sales thereof, grant the discounts and wo. 4480, A llegheny County, P a ., Subdistrict 9, D eep M in e , M aximum T ruck P uce Group N o. 6 may charge and shall allow the packing differentials customarily granted, Truck shipment. '445 445 445 410 380 380 380 345 305 305 charged or allowed (as the case may be) in March 1942 by his most closely com- 4366 FEDERAL REGISTER, Friday, April. 19, 1946

pettyive seller of the same class on sales or frontmark of cigars priced by this (b) The manufacturer and wholesalers of domestic cigars of the same March order, but shall not be increased. Pack­ shall grant, with respfect to their sales 1942 price class to purchasers of the ing differentials allowed by the manufac­ of each brand and size or frontmark of same class. turer or a wholesaler in March 1942 on ^ domestic cigars for which maximum (c) On or before the first delivery to sales of domestic cigars of the same price prices are established by this order, the any purchaser of each brand and size or class to purchasers of the same class discounts they customarily granted in frontmark of domestic cigars for which shall be allowed on corresponding sales March 1942 on their sales of domestic maximum prices are established by this of each brand and size or frontmark of cigars of the same price class to pur­ order, the manufacturer and every other cigars priced b y this order and shall not chasers of the same class, unless a change seller (except a retailer) shall notify the be reduced. I f a brand and size or front- therein results in a lower price. Packing purchaser of the maximum list price and mark of domestic cigars for which maxi­ differentials. charged by the manufac­ the maximum retail price ëstablished by mum prices are established by this or­ turer or a wholesaler in March 1942 on this order for such brand and size or der is of a price class not sold by the sales of domestic cigars of the same price frontmark of domestic cigars. The no­ manufacturer or the particular whole­ class to purchasers of the same class may tice shall conform to and be given in the saler in March 1942, he shall, with re­ be charged on corresponding sales of manner prescribed by § 1358.113 of Maxi­ spect to his sales thereof, grant the dis­ each brand and size or frontmark of mum Price Regulation No. 260. counts and may charge and shall allow cigars priced by this order, but shall not (d) Unless the context otherwise re­ the packing differentials customarily be increased. Packing differentials al­ quires, appropriate provisions of Maxi­ granted, charged or allowed (as the case lowed by the manufacturer or a whole­ mum Price Regulation No. 260, shall ap­ may be) in March 1942 by his most saler in March 1942 on sales of domestic ply to sales for which maximum prices closely competitive seller of the same * cigars of the same price class to pur­ are established by this order. class on sales of domestic cigars of the chasers of the same class shall be allowed (e) This order may be revoked or same March 1942 price class to purchas­ on corresponding sales of each brand and amended by the Price Administrator at ers of the same class. size or frontmark of cigars priced by this any time. (c) On or before the first delivery to order and shall not be reduced. If a brand and size or frontmark of domestic This order shall become effective April any purchaser of each brand and size or frontmark of domestic cigars for which cigars for which maximum prices are 18,1946. maximum prices are established by this established by this order is of a price class Issued this 17th day of April 1946. order, the manufacturer and every other not sold by the manufacturer or the seller (except a retailer) shall notify the particular wholesaler in March 1942, he P a u l A . P o r t e r , Administrator. purchaser of the maximum list price shall, with respect to his sales thereof, and the maximum retail price estab­ grant the discounts and may charge and [F. R. Doc. 46-6457; Filed, Apr. 17, 1946; lished by this order for -such brand and shall allow the.packing differentials cus­ 11:33 a. m .] size or frontmark of domestic cigars. tomarily granted, charged or allowed (âs The notice shall conform to and be given the case may be) in March 1942 by his [M P R 260, Order 2136] in the manner prescribed by § 1358.113 most closely competitive seller of the of Maximum Price Regulation No. 260. same class on sales of domestic cigars M. L iv e r a n t (d) Unless the context otherwise re­ of the same March 1942 price class to ESTABLISHMENT OF MAXIMUM PRICES quires, appropriate provisions of Maxi­ purchasers of the same class. For the reasons set forth in an opin­ mum Price Regulation No. 260, shall ap­ (c) On or before the first delivery to ion accompanying this order, and pur­ ply to sales for which maximum prices any purchaser of each brand and size or suant to § 1358.102 (b) of Maximum are established by this order. frontmark of domestic cigars for which Price Regulation No. 260; It is ordered, (e) This order may be revoked or maximum prices are established by this order, the manufacturer and every other That: amended by the Price Administrator at (a) M. Liverant, 1267 West Market, any time. seller (except a retailed) shall notify the York, Pa. (hereinafter called “ manufac­ purchaser of the maximum list price and This order shall become effective April the maximum retail price established by turer” ) and wholesalers and retailers 18,1946. this order for such brand and size or may sell, offer to sell or deliver and any Issued this 17th day of April 1946. frontmark of domestic cigars. The person may buy, offer to buy or receive notice shall conform to and be given in each brand and size or frontmark, and P a u l A . P o r t e r , Administrator. the manner prescribed by § 1358.113 of packing of the following domestic cigars Maximum Price Regulation No. 260. at the appropriate maximum list price [F„ R. Doc. 46-6458; Filed, Apr. 17, 1946; (d) Unless the context otherwise re­ 11:34 a. m.] ; and maximum retail price set forth quires, appropriate provisions of Maxi­ below: mum Price Regulation No. 260, shall [M P R 260, Order 2137] apply to sales for which maximum prices Maxi­ Maxi­ are established by this order. Pack­ mum mum M i L o l a C ig a r C o . Brand Size or frontmark ing list retail (e) This order may be revoked or j^rice price ESTABLISHMENT OF MAXIMUM PRICES amended by the Price Administrator at For the reasons set forth in an opinion any time. Per M Cents Pacific Highway. Commander.. 50 $134 2 for accompanying this order, and pursuant This order shall become effective April 351 to § 1358.102 (b) of Maximum Price Reg­ 18,1946. ulation No. 260; It is ordered, That: Issued this 17th day of April 1946. 1 Attention of manufacturer is directed toward average (a) Mi Lola Cigar Company, Incorpo­ retail price ceiling requirement of Maximum Price rated, 4200 N. Green Bay Avenue, Mil­ P a u l A . P o r ter , Regulation 260. , waukee, Wis. (hereinafter called “ man­ Administrator. (b) The manufacturer and wholesal­ ufacturer” ) and wholesalers and retail­ ers shall grant, with respect to their [F. R, Doc. 46-6459; Filèd, Apr. 17, 1946; ers may sell, offer to sell or deliver and 11:34 a. m .] sales of each brand and size or front- any person may buy, offer to buy or re­ mark of domestic cigars, for which max­ ceive each brand and size or frontmark, imum prices are established by this and packing of the following domestic order, the discounts they customarily cigars at the appropriate maximum list [M P R 260, Order 2138] granted in March 1942 on their sales of price and maximum retail price set fojth domestic cigars of the same price class below: S hellenberger C ig a r Co. to purchasers of the same class, unless ESTABLISHMENT OF M A X IM U M PRICES a change therein results in a lower price. Maxi­ Maxi­ Packing differentials charged by the Size or Pack­ mum mum For the reasons set forth in an opinion Brand frontmark ing list retail accompanying this order, and pursuant manufacturer or a wholesaler in March price price 1942 on sales of domestic cigars of the to § 1358.102 (b) of Maximum Price Reg­ same price class to purchasers of the ulation No. 260; It is ordered, That: Per M Cents same class may be charged on corre­ M i Lola...... Specials...... 60 $72 0 (a) Shellenberger Cigar Company, sponding sales of eàch brand and size Rear 234 E. Broadway, Red Lion, Pa. FEDERAL REGISTER, Friday, A pril 19, 1946 4367

(hereinafter called “manufacturer” ) and This order shall become effective April which maximum pricès are established wholesalers and retailers may sell, offer 18,1946. by this order, the manufacturer and every other seller (except a retailer) to sell or deliver and any person may buy, Issued this 17th day of April 1946. offer to buy or receive each brand and shall notify the purchaser of the maxi­ size or frontmark, and packing of the P a u l A . P o r t e r , mum list price and the maximum retail following domestic cigars at the appro­ Administrator. price established by this order for such priate maximum list price and maximum [F. R. Doc. 46-6460; Piled, Apr. 17, 1946; brand and size or frontmark of domestic retail price set forth below: 11:28 a. m.] * cigars. The notice shall conform to and be given in the manner prescribed by 1 1358.113 of Maximum Price Regulation Maxi­ Maxi­ Size or Pack­ mum mum [M P R 260, Order 2139] s No. 260. Brand frontmark ing list retail (d) Unless the context otherwise re­ price price A d e l p h ia C ig a r C o . quires, appropriate provisions of Maxi­ mum Price Regulation No. 260, shall ESTABLISHMENT OF MAXIMUM PRICES Per M Cents apply to sales for which maximum prices Club Perfecto. 50 $72 19 Westerner...... — For the reasons set forth in an opinion are established by this order. accompanying this order, and pursuant (e) This order may be revoked or i Attention of manufacturer is .directed to average retail price ceiling requirement of' Maximum Price to 1 1358.102 (b) of Maximum Price Reg­ amended by the Price Administrator at Regulation 260. ulation No. 260; It is ordered, That: any time. (a) Adelphia Cigar Company, 825 W al­ This order shall become effective April (b) The manufacturer and wholesalers nut Street, Philadelphia 7, Pa. /here­ shall grant, , with respect to their sales inafter called “ manufacturer” ) and 18,1946. of each brand and size or frontmark of wholesalers and retailers may sell, offer Issued this 17th day of April 1946. domestic cigars for which maximum to sell or deliver and any person may buy, P a u l A . P o r t e r , prices are established by this order, the offer to buy or receive each brand and Administrator. discounts they customarily granted in size or-frontmark, and packing of the March 1942 on their sales of domestic following domestic cigars at the appro­ [F. R. Doc. 46-6461; Filed, Apr. 17, 1946; cigars of the same price class to purchas­ priate maximum list price and maximum 11:28 a. m .] ers of the same class, unless a change retail price set forth below: therein results in a lower price. Pack­ ing differentials charged- by the manu­ Maxi­ Maxi­ [M P R 260, Order 2141] facturer or a wholesaler in March 1942 Size or Pack­ mum mum on sales of domestic cigars of the same • Brand frontmark ing list retail C a r l K. S h e e t z price price price class to purchasers of the same ESTABLISHMENT OF MAXIMUM PRICES class may be charged on corresponding sales of each brand and size or front- Per M Cents For the reasons set forth in an opin­ M o n tg o m e r y 5"...... 50 $60 2 for 15 ion accompanying this order, and pursu­ mark of cigars priced by this order, but Special. shall not be increased. Packing dif­ ant to §.1358.102 (b) of Maximum Price Regulation No. 260; It is ordered,-That: ferentials allowed by the manufacturer (b) The manufacturer and wholesal­ or a wholesaler in March 1942 on sales (a) Carl K. Sheetz, East High Street, ers shall grant, with respect to their Extended, Red Lion, Pa. (hereinafter of domestic cigars of the same price class sales of each brand and size or front- to purchasers of the same class shall be called “manufacturer” ) and wholesalers mhrk of domestic cigars for which maxi­ and retailers may sell, offer to sell or de­ allowed on corresponding sales of each mum prices are established by this order, brand and size or frontmark of cigars liver and any person may buy, offer to the discounts they customarily granted buy or receive each brand and size or priced by this order and shall not be re­ in March 1942 on their sales of domestic duced. If a brand and size or frontmark frontmark, and packing of the following cigars of the same price class to pur­ domestic cigars at the appropriate maxi­ of domestic cigars for which maximum chasers of the same class, unless a prices are established by this order is of mum list price and maximum retail price change therein results in a lower price. set forth below: a price class not sold by the manufac­ Packing differentials charged by the turer or the particular wholesaler in manufacturer or a wholesaler in March March 1942, he shall, with respect to his Maxi­ Maxi­ 1942 on sales of domestic cigars of the Size or Pack­ mum mum salés thereof, grant the discounts and same price class to purchasers of the Brand ' frontmark ing list retail may charge and-shall allow the pack­ same class may be charged on corre­ price price ing differentials customarily granted, sponding sales of each brand and size or charged or allowed (as the case may be) Per M Cents frontmark of cigars priced by this order,, 60 $60 2 for 15 in March 1942 by his most closely com­ but shall not be increased. Packing dif­ petitive seller of the same class on sales ferentials allowed by the manufacturer of domestic cigars of the same March or a wholesaler in March 1942 on sales (b) The manufacturer and wholesal­ 1942 price class to purchasers of the same of domestic cigars of the same price class ers shall grant, with respect to their class. to purchasers of the same class shall be sales of each brand and size or front- (c) On or before the first delivery to allowed on corresponding sales of each mark of domestic cigars for which maxi­ any purchaser of each brand and size or brand and size or frontmark of cigars mum prices are established by this or­ frontmark of domestic cigars for which priced by this order and shall not be re­ der, the discounts they customarily maximum prices are established by this duced. If a brand and size or frontmark granted in March 1942 on their sales of order, the manufacturer and every other of domestic cigars for which maximum domestic cigars of the same price class seller (except a retailer) shall notify the prices are established by this order is of to purchasers of the same class,' unless a change therein results in a lower price. purchaser of the maximum list price and a price class not sold by the manufacturer the maximum retail price established by or the particular wholesaler in, March Packing differentials charged by the manufacturer or a wholesaler in March this order for such brand and size or 1942, he shall, with inspect to his sales 1942 on sales of domestic cigars of the frontmark of domestic cigars. The no­ thereof, grant the discounts and. may tice shall conform to and be given in the same price class to purchasers of the charge and shall allow the packing dif­ manner prescribed by § 1358.113 of Max­ same class may be charged on corre­ imum Price Regulation No. 260. ferentials customarily granted, charged sponding sales of each brand and size or (d) Unless the Context otherwise re­ or allowed (as the case may be) in March frontmark. of cigars priced by this order, quires, appropriate provisions of Maxi- 1942 by his most closely competitive seller but shall not be increased. Packing dif­ vmum Price Regulation No. 260 shall ap­ of the same class on sales of domestic ferentials allowed by the manufacturer ply to sales for which maximum prices cigars of the same March 1942 price class or a. wholesaler in March 1942 on sales are established by this order. to purchasers of the same class. of domestic cigars of the same price class (e) This order may be revoked or (e) On or before the first delivery to to purchasers of the same class shall be amended by the Price Administrator at any purchaser of each brand and size allowed on corresponding sales of each any time. or frontmark of domestic cigars for brand and size or frontmark of cigars 0

4388 FEDERAL REGISTER, Friday, April 19, 1946

priced by this order and Shall not be counts they customarily granted in size or frontmark,.and packing of the fol­ reduced. If a brand and size or front- March 1942 on their sales of domestic ci­ lowing domestic cigars at the appropri­ mark of domestic cigars for which maxi­ gars <3f the same price class to purchasers ate maximum list price and maximum mum prices are established by this order of the same class, unless a change therein retail price ¿et forth below: is of a price class not sold by the manu­ results in a lower price. Packing differ­ facturer or the particular wholesaler in entials charged by the manufacturer or Maxi­ Maxi­ March 1942, he shall, with respect to his Size or Pack­ a wholesaler in March 1942 *on sales of Brand mum mum sales thereof, grant the discounts and frontmark ing list retail domestic cigars of the same price class to price price may charge and shall allow” the pack­ purchasers of the same class may be ing differentials customarily granted, charged \pn corresponding sales of each charged or allowed (as the case may be) P e rM Cents brand and size or frontmark of cigars Masetto...... Belvedere___ • £0 $134 2 for 35 in March 1942 by his most closely com­ priced by this order, but shall not be in­ petitive seller of the same class on sales creased. Packing differentials allowed (b) The manufacturer and wholesal­ of domestic cigars of the same March by the manufacturer or a wholesaler in 1942 price class to purchasers of the ers shall grant, with respect to their March 1942 on sales of domestic cigars sales of each brand and size or frontmark same class. of the same price class to purchasers of (c) On or before the first delivery to of domestic cigars for which maximum the same class shall be allowed on corre­ prices are established by this order, the any purchaser of each brand and size or sponding sales of each brand and size or frontmark of domestic cigars for which discounts they customarily granted in frontmark of cigars priced by this order March 1942 on their sales of domestic maximum prices are established by this and shall not be reduced. If a brand and order, the manufacturer and every other cigars of the same price class to pur­ size or frontmark of domestic cigars for chasers of the same class, unless a change seller (except a retailer) shall notify the which4 maximum prices are established purchaser of the maximum list price and therein results in a lower price. Packing by this order is of a price class not sold differentials charged by the manufac­ the maximum retail price established by by the manufacturer or the particular this order for such brand and size or turer or a wholesaler in March 1942 on wholesaler in March 1942, he shall, with sales of domestic cigars of the same price frontmark of domestic cigars. The respect to his sales thereof, grant the notice shall conform to and be given in class to purchasers of the same class may discounts and may charge and shall allow be charged oh corresponding sales of the manner prescribed by § 1358.113 of the packing differentials customarily Maximum Price Regulation No. 260. each brand and size or frontmark of granted, charged or allowed (as the case cigars priced by this order, but shall not (d) Unless the context otherwise re­ may be) in March 1942 by his most quires, appropriate provisions of Maxi­ be increased. Packing differentials al­ closely competitive seller of the same lowed by the manufacturer or a whole­ mum Price Regulation No. 260, shall ap­ class on sales of domestic cigars of the ply to sales for which maximum prices saler in March 1942 on sales of domestic same March 1942 price class to pur­ cigars of the same price class to pur­ are established by this order. chasers of the same class. (e) This order may be revoked or chasers of the same class shall be al­ (c) On or before the first delivery lowed on corresponding sales of each amended by the Price Administrator at to any purchaser of each brand and size any time. brand and size or frontmark of cigars or frontmark of domestic cigars for priced by this order and shall not be This order shall become effective April which maximum prices are established reduced. If a brand and size or front- 18, 1946. by this order, the manufacturer and mark of domestic cigars for which maxi­ Issued this 17th day of April 1946. every other seller (except a retailer) mum prices are established by this order shall notify the purchaser of the maxi­ is of a price class not sold by the manu­ P a u l A . P o r t e r , mum list price and the maximum retail facturer or the particular wholesaler in Administrator. price established by this order for such March 1942, he shall, with respect to his [F. R. Doc. 46-6463; Filed, Apr. 17, 1946; brand and size or frontmark of domestic salés thereof, grant the discounts and 11:29 a. m .] cigars. The notice shall conform to and may charge and shall allow the packing be given in the manner prescribed by differentials customarily granted, § 1358.113 of Maximum Price Regula­ charged or allowed (as the case may be) tion No. 260. [M P R 260, Order 2142] in March 1942 by his most closely com­ (d) Unless the context otherwise re­ petitive seller of the same class on sales L a A n d a C ig a r M f g . C o . quires, appropriate provision^ of Maxi­ of domestic cigars of the same March mum Price Regulation No. 260, shall ap­ ESTABLISHMENT OF MAXIMUM PRICES 1942 price class to purchasers of the same ply to sales for which maximum prices class. For the reasons set forth in an opinion are established by this order. (e) On or before the first delivery to accompanying this order, and pursuant . (e) This order may be revoked or any purchaser of each brand* and size to § 1358.102 (b) of Maximum Price Reg­ amended by the Price Administrator at or frontmark of domestic cigars for ulation No. 260; It is ordered, That: any time. which maximum prices are established (a) La Anda Cigar Manufacturing This order shall become effective April by this order, the manufacturer and Company, 317 S. Hill Street, Los Angeles 18, 1946. >•- every other seller (except a retailer) shall 13, Calif, (hereinafter called “ manufac­ notify the purchaser of the maximum turer” ), and wholesalers and retailers Issued this 17th day of April 1946. list price and the maximum retail price may sell, offer to sell or deliver and any P a u l A . P o r t e r , established by this order for such brand person may buy, offer to buy or receive Administrator. and size or frontmark of domestic cigars. each brand and size or frontmark, and [F. R. Doc. 46-6464; Filed, Apr. 17, 1946; The notice shell conform to and be given packing of the following domestic cigars 11:29 a. m .] in the manner prescribed by § 1358.113 at the appropriate maximum list price of Maximum Price Regulation No. 260. and maximum retail price set forth (d) Unless the context otherwise re­ below: quires, appropriate provisions of Maxi­ , [M P R 260, Order 2143] mum Price Regulation No. 260, shall apply to sales for which maximum prices Maxi­ Maxi­ M a g id s o n C ig a r Co. are established by this order. Brand Size or Pack­ mum mum frontmark ing list retail ESTABLISHMENT OF MAXIMUM PRICES (e) This order may be revoked or price price amended by the Price Administrator at For the reasons Set forth in an opinion any time. Per M Cents accompanying this order, and pursuant Bohemian______Bankers______50 $72 9 to § 1358.102 (b) of Maximum-Price Reg­ This order shall become effective April Perfecto Fino- £0 105 14 ulation .No. 260; It is ordered, That: 18,1946. (a) Magidson Cigar Company, 524 W. Issued thisv17th day of April 1946. (b) The manufacturer and wholesalersState Street, Milwaukee 3, Wis. (here­ shall grant, with respect to their sales of inafter called “ manufacturer” ) , and . P a u l A . P o r t e r , Administrator. each brand and size or frontmark of do­ wholesalers and retailers may sell, offer mestic cigars for which maximum prices to sell or deliver and any person may buy, [F , R. D oc. 46-6465; Filed, Apr. 17, 1946; are established by this order, the dis­ offer to buy or receive each brand and 11:29 a. m .]

« FEDERAL REGISTER, Friday, A pril 19, 1946 4369

[M P R 389, Order 44] (c) That with the first delivery of [M P R 591, Order 423] “Blood and Tongue Sausage” to a retailer C a r b o n ic G a s E q u i p m e n t C o . W a l d o c k P a c k i n g C o , e t a l . the seller shall supply such retailer with AUTHo'r iZATION OF M A X IM U M PRICES establishment o f m a x i m u m p r ic e s a written notice in the following form: On March 8,1946, The Waldofflc Pack­ For the reasons set forth in an opin­ ing Company, Sandusky, Ohio filed an (Insert date) ion Issued simultaneously herewith and Our OPA ceiling prices for “Blood and application for the establishment of max­ filed with the Division of the Federal Tongue Sausage” have been established by Register 'and pursuant to section 9 of imum prices on sales of the sausage the Office of Price Administration. Wé are product known as “Blood and Tongue required to inform you that if you are a Maximum Price Regulation No. 591; It is Sausage” and made in accordance with retailer, you must figure your ceiling price ordered: the individual secret formula submitted for this item in accordance with the pro­ (a) The maximum net prices, f. o. b. by the applicant. That application was visions of Maximum Price Regulation No. 336. point of shipment, for sales by any per­ son of the following frozen food cabi­ assigned Docket No. 6036.3-389—2 (a )—71. (d) That all pertinent provisions of Due consideration has been given to the Maximum Price Regulation No. 389, in­ nets, manufactured by the Carbonic Gas application and an opinion in support of cluding the descriptive labelling and in­ Equipment Company of Westport, Con­ this order has been issued simultaneously voicing provisions of section 4, the re­ necticut, and as described in the appli­ herewith and filed with the Division of cording and reporting provisions of sec­ cation dated February 28, 1946, which is the Federal Register. tion 6, and the definitions of section 13, on file with the Préfabrication and Build­ For the reasons set forth in the opinion, in addition to the pricing provisions of ing Equipment Price Branch, Office of Price Administration, Washington 25 and under the authority vested in the paragraph (b) and (c) of section 12 shall Price Administrator by the Emergency be applicable to all sales made under this D. C., shall be: Price Control Act of 1942, as amended, order. and Executive Orders Nos. 9250 and 9328, (e) All prayers of the application not On sales to and pursuant to the provisions of section herein granted, are denied. 2 (a) (6> of Maximum Price Regulation Con­ (f) This Order No. 44 may be revoked Distrib­ Dealers No. 389; It is ordered: or amended by the Price Administrator utors sumers (a) That the maximum prices other at any time. * than at retail for the sausage product U-20A—20 cu. ft. yi hp. con­ known as “Blood and Tongue Sausage” This Order No. 44 shall become effec­ densing unit.-...... $375 $450 $750 tive April 17, 1946. U-20A—30 cu. ft. hp. con­ and made by The Waldock Packing Com­ densing unit...... 490 688 980 pany in accordance with the individual Issued this 17th day of April 1946. formula submitted to the Office of Price P a u l A. P o r t e r , (b) The maximum net prices estab­ Administration with the application for Administrator this order shall be determined by the lished in (a) above may be increased by seller as follows; [F. R. Doc. 46-6466; Filed, Apr. 17, 1946; the following amount to each class of (1) The base price for this product 11:31 a. m .] purchaser to cover the cost of crating is established at the following amount when crating is actually supplied: $6.00. per hundredweight: . (c) The maximum net prices estab­ [MPR 591, Arndt. 1 to Rev. Order 64] lished by this order shall be subject to $24.50 discounts and allowances and the rendi­ K e y s t o n e F r ic t io n H in g e C o . N o t é : If sold not boxed, 50 cents per cwt. tion of services which are at least as must be deducted from the above price. ADJUSTMENT OF MAXIMUM PRICES favorable as those which each seller ex­ tended or rendered or would have ex­ (2) To the base price should be added For the reasons set forth in an opinion issued simultaneously herewith and filed tended or rendered to purchasers of the the proper zone differential provided in same class on comparable sales in the section 12. (b) of Maximum Price Regu­ with the Division of the Federal Register and pursuant to section 16 (b) (1) of same general category on October 1,1941. lation No. 389 for sausage which is not (d) On sales by a distributor or dealer Kosher sausage, all beef sausage or Maximum Price Regulation No. 591; It is ordered: the following charges may be added to sausage containing meat, and meat by­ the maximum prices established in (a) products from swine only. In determin­ In Revised Order 64 under section 16 (b) (1) of Maximum Price Regulation above: ing the proper zone differential to be (1) The actual amount of freight paid added, the zone descriptions provided in No. 591, section (a) (1) is amended to read as follows: < to obtain delivery to his place of business. section 14 of Maximum Price Regulation Such charges shall not exceed the lowest No. 389 shall be used. (a) (1) *The adjusted maximum prices common carrier rates. (3) That to the sum o f the base price for sales by the Keystone Friction Hinge ' (2) Crating charges actually paid to plus the applicable zone differential the Company of Williamsport, Pennsylvania, his supplier but in no instance exceeding “Permitted additions to base prices” pro­ of the following commodities shall be its the amount specified in (b) above. vided in section 12 (c) of Maximum Price net prices in effect during March 1942 to (e) Each seller covered by this order, Regulation No. 389 may be added when each class of customers increased by the applicable. except a dealer, shall notify each of his amounts specified: purchasers, in writing, at or before the ' That with the first delivery of Percent issuance of the first invoice after the ef­ “Blood and Tongue Sausage” to a whole­ Table locks______25 fective date of this order, of the maxi­ saler, peddler-truck-seller, or intermedi­ Drawer clips_„ ____ ;_____.______' 50 mum prices established by this order for ate distributor, The Waldock Packing Angle irons and shelf supports. ______45 each such seller as well as the maximum Company shall supply each such seller Top fasts and guides______20 Mirror clips,______.______30 prices established for purchasers upon with a written notice in the following Drawer stops______TZ______35 form: resale, except dealers, including allow­ Door catches______35 able transportation and crating charges. Toilet screws______— 20” (Insert date) Wardrobe equipment______60 (f) The Carbonic Gas Equipment Our OPA ceiling prices for “Blood and Mirror supports______25 Company, of Westport, Connecticut, shall Tongue Sausage” have been established by Miscellaneous furniture hardware (as stencil on the lid or cover of the frozen the Office t f Price Administration at the base specified in the Company's 1942 cata­ food cabinets covered by this order, sub­ price of $24.50 per hundredweight, to which logue, 'but excluding items listed may be added the zone differentials pro­ above)------35 stantially the following: vided in section 12 (b ) of M P R 389 (See sec­ OPA Maximum Retail Price $------tion 14 for zone boundaries) plus the per­ This amendment is effective at once. Plus freight and crating as provided in mitted additions of section 12 (c). We are Issued this 17th day of April 1946. required to inform you that if you are a Order No. 423 under Maximum Price Regula­ wholesaler, a peddler-truck-seller, or an in­ — • ' • P a u l A . P o r t e r , tion No. 591. termediate distributor you must figure your Administrator. (g) This order may be revoked or ceiling prices for this product pursuant to , e same sections of Maximum Price Regu­ [F. R. Doc. 46-6468; Filed, Apr. 17, 1946; amended by the Price Administrator at lation No. 389. 11:30 a .m .] . ^ any time. 4370 FEDERAL REGISTER, Friday, April 19, 1946-

This order shall become effective Issued this 17th day of Aphl 1946. OP A Maximum Retail Price—$ ______April 18, 1946. ' Plus freight and crating as piovided in P a u l A. P o r t e r , Order No. 424 under Maximum Price Regu­ Issued this 17th day of April 1946. Administrator. lation No. 591. P a u l A . P o r t e r , [F . R. Doc. 46-6469; Filed, Apr. 17, 1946; (g) This order may be revoked or 11:30 a. m .] Administrator. amended by the Price Administrator at [F. R. Doc. 46-6470; Filed, Apr. 17, 1946; any time. 11:30 a. m.J , * This order shall become effective [M P R 591, Order 424] April 18, 1946.

[M P R 591, 2d Rev. Order 109] A c m e R efrigeration C o . Issued this 17th day of April 1946.

A m e r i c a n F o u n d r y a n d F u r n a c e Co. AUTHORIZATION OF M AX IM UM PRICES P a u l A. P o r t e r , ADJUSTMENT OP M A X IM U M PRICES Administrator. For the reasons set forth in an opinion [F. R. Doc. 46-6471; Filed, Apr. 17, 1946; Second Revised Order N a 109 under issued simultaneously herewith and filed, 11:30 a. m .] section 16 (b) (1) of Maximum Price with the Division of the Federal Register Regulation No. 591. Specified mechani­ and pursuant to section 9 of Maximum cal building equipment. Adjustment of Price Regulation No. 591; It is ordered: maximum prices for sales of certain spec­ (a) The maximum net prices, f. o. b.; [M P R 591, Order 425] ified furnaces manufactured by the point of shipment, for sales by any per­ American Foundry and Furnace Com- son of the following display cases, manu­ C o m m e r c ia l M f g . C o . .pany of Bloomington, , and other factured by the Acme Refrigeration AUTHORIZATION OF MAXIMUM PRICES products manufactured by them. Docket Company of Seattle, Washington* and as No. 6123-591.16-115. described in the application dated De­ For the reasons set forth in an opinion For the reasons set forth in an opin­ cember 18,1945, which is on file with the issued simultaneously herewith and filed ion issued simultaneously herewith and Préfabrication and Building Equipment with the Division of the Federal Register filed with the Division of the Federal Price Branch, Office of Price Administra­ and pursuant to section 9 of Maximum Register and pursuant to section 16 (b) tion, Washington 25, D. C., shall be: Price Regulation No. 591; It is ordered: (1) of Maximum Price Regulation 591, (a) The maximum net prices, f. o. b. Revised Order No. 109 is designated sec­ point of shipment, for sales by any per­ On sales to— ond Revised Order No. 109 and is revised son of the following beverage coolers, to read as follows: manufactured by the Commercial Manu­ Con­ Distrib­ Dealers facturing Company of , Ohio, (a) Adjustment of maximum prices utors sumers and as described in the application dated for the American Foundry and Furnace February 28, 1946, which is on filé with Company of Bloomington, Illinois. (1) 8 ft. self-contained display the Préfabrication and Building Equip­ case...... -— $459 $535 $765 This order authorizes the American 10 ft. self-contained display ment Price Branch, Office of Price Ad­ Foundry and Furnace Company, Bloom­ case...:...... 487 568 812 ministration, Washington 25, D. C., shall ington, Illinois, to increase its net prices be: in effect in March, 1942 for its cast iron _ (b) The maximum net prices estab­ warm air furnaces and casings, including lished in (a) above may be increased by On sales to—. repair and service parts therefor, and the following amount to each class of miscellaneous cast iron and sheet metal purchaser to cover the cost of crating products as covered by Maximum Price Dealers gumers when crating is actually supplied: $6.00. Regulation No. 591, to each class of pur­ (c) The maximum net prices estab­ chaser by 18 percent. lished by this order shall be subject to Model No. 23-6 ft...... $270 $448 Model No. 38—9 ft...... 394 654 (b) Maximum prices for resellers. Th e' discounts and allowances and the rendi­ maximum prices for sales by a reseller tion of services Which are at least as of any of the commodities for which favorable as those which each seller ex­ (b) The maximum net prices estab­ adjustment is granted the American tended or rendered or would have lished in (a) above may be increased by Foundry and Furnace Company, (a) extended or rendered to purchasers of the following amount to each class of above shall be its maximum prices to the same class on comparable sales in the purchaser to cover the cost of crating each class of purchaser in effect on April same general category on October 1,1941. when crating is actually supplied: $6.00. 17, 1946, plus the actual dollars-and- (d) On sales by a distributor or dealer (c) The maximum net prices estab­ cents increase in present acquisition costs the following charges may be added to lished by this* order shall be subject to effected by the American Foundry and the maximum prices established in (a) discounts and allowances and the ren­ Furnace Company of Bloomington, Illi­ above: dition, of services which are at least as nois, pursuant to this second revised (1) The actual amount of freight paid favorable as those which each seller ex­ order. to obtain delivery to his place of business. tended or rendered or would have ex­ (c) Notification to all purchasers. The Such charges shall not exceed the low­ tended or rendered to purchasers of the American Foundry and Furnace Com­ same class on comparable sales in the pany shall send the following notice to est common carrier rates. same general category on October 1, every purchaser of the commodities cov­ (•2) Crating charges actually paid to 1941. ered by this second revised order at or his supplier but in no instance exceeding (d) On sales by a dealer the following before the time of the first billing after the amount specified in (b) above. charges may be added to the maximum the adjustment granted is put into effect: (e) Each seller covered by this order, prices established in (a) above: Second Revised Order No. 109 under section except a dealer, shall notify each of his (1) The actual amount of freight paid 16 of Maximum Price Regulation No. 591 •purchasers., in writing, at pr before the to obtain delivery to his place of busi­ authorizes an 18 percent increase in March issuance of the first invoice after the ness. Such charges shall not exceed the 1942 net prices for sales of cast iron warm effective date of this order, of the maxi­ lowest common carrier rates. air furnaces and casings including repair and mum prices established by this order for (2) Crating charges actually paid to service parts therefor, and miscellaneous cast each such seller as well as the maximum his supplier but in no instance exceed­ iron and sheet metal products as covered by ing the amount specified in (b) above. prices established for purchasers upon Maximum Price Regulation No. 591, manufac­ (e) Each seller covered by this order, tured by the American Foundry and Furnace resale, except dealers, including allow­ except a dealer, shall notify each of his Company of Bloomington, Illinois. able transportation and crating charges. Resellers may add the actual dollars'-and- purchasers, in writing, at or before the cents increase ih their acquisition cost result­ (f) The Acme Refrigeration Company issuance of the first invoice after the ing from the,adjustment granted the manu­ of Seattle, Washington, shall stencil on effective date of this order, of the maxi­ facturer, to their existing prices. the lid or cover of the display cases cov­ mum prices established by this order for This amendment shall become effective ered by this order, substantially the fol­ each such seller as well as the maximum April 18, 1946. lowing: prices established for purchasers upon FEDERAL REGISTER, Friday, A pril 19, 1946 4371 •* ‘ resale, except dealers, including the al­ tables in Appendix A of RMPR 506, in­ [M P R 591, Order 426.] lowable transportation and crating cluding those relating to the pricing of charges. “seconds.” F l e e t w o o d E q u i p m e n t C o r p . (f) The Commercial Manufacturing (2) The provisions in section 4 (a) of AUTHORIZATION OF M AX IM UM PRICES Companj^of Cincinnati, Ohio, shall sten­ RMPR 506 with respect to a manufactur­ For the reasons set forth in an opinion cil on the lid or cover of the beverage ers’ “ wholesale percentage,” and the issued simultaneously herewith and filed coolers covered by this order, substan­ quota of deliveries which must be made with the Division of the Federal Register tially the following: at Group I prices. and pursuant to section 9 of Maximum GPA Maximum Retail Price $_.______Plus (3) The marking and informational Price Regulation No. 591; It is ordered: freight and crating as provided in Order No. requirements of section 6 of RMPR 506. (a) The maximum net prices, f. o. b. 425 under Maximum Price Regulation No. 591. In addition to these requirements, Galena point of shipment, for sales by any per­ Order No. 425 under Maximum Price Regula­ Glove and Mitten Company, on all deliv­ tion No.* 591. son of the following dough retarding eries of the style number listed in para­ refrigerator manufactured by the Fleet- (g) This order may be revoked or graph (a), made pursuant to this order, wood Equipment Corporation, 203 East amended by the Price Administrator at on and after April 18,1946, must place the Main Street, Fleetwood, Pennsylvania, any time. letter “S” following the lot number or and-as described in the application dated brand name stated on the label, ticket* or February 28, 1946, which is on file with This order shall become effective April other device used to mark the gloves. 18, 1946. the Préfabrication and Building Equip­ (c) The definitions in RMPR 506 shall ment Price Branch, Office of Price Ad­ Issued this 17th day of April 1946. apply to this order. ministration, Washington 25, D. C., shall (d) Galena Glove and Mitten Com­ be: P a u l A . P o r t e r , pany must furnish each of its customers, Administrator. who, on or aftqr April 18,1946, purchased [F. R. Doc. 46-6472; Filed, Apr. 17, 1946; or purchases the style number listed in On sales to— 11:26 a. m .] paragraph (a) for purposes of resale, a Distrib­ Con­ notice in the form set forth below. Ga­ Dealers lena Glove and Mitten Company must utors sumers [RMPR 506, Ofder 85] also notify each such customer (other than a seller at retail) that he is required Model IB-466...... $495 $594 $990 G a l e n a G l o v e a n d M i t t e n C b in turn to transniit to his customers a copy of the notice ¿set forth below. The AUTHORIZATION OF MAXIMUM PRICES (b) The maximum net prices estab­ notice may be attached to the invoice or lished in (a) above may be increased by Order No. 85 under section 4 (b) of may be stamped or printed on the invoice. the following amount to each class of Revised Maximum Price Regulation 506, This notice is sent to you as required by purchaser to cover the cost of crating Maximum Prices for Staple Work'Gloves^ Order No. 85 under'section 4 (b) of Revised when crating is actually supplied:.$6.00. Granting maximum prices to Galena Maximum Price Regulation 506 issued by (c) The maximum net prices estab­ Glove and Mitten Company and other the Office of Price Administration. It lists lished by this order shall be subject to sellers. Docket No. 6062-508-4b-34.- ceiling prices fixed by OPA for the work discounts and allowances and the rendi­ Por the reasons set forth in an opinion glove number enumerated in the table below, tion of services which are at least as issued simultaneously herewith, I t is manufactured by Galena Glove and Mitten Company. favorable as those which each seller ex­ ordered: OPA has ruled that Galena Glove and Mit­ tended or rendered or would have ex­ (a) On and after April 18, Galena ten Company may sell this number at or tended or rendered to purchasers of the Glove and Mitten Company, Dubuque, below the prices listed in Column A below, same class on comparable sales in the Iowa, may sell and deliver to any pur­ subject to the provisions of section 4 (a) same general category on October 1,1941. chaser, and such purchaser may buy from of RMPR 506 with respect to the quota of (d) On sales by a distributor or dealer it, the staple work glove-number enumer­ deliveries which must be made at Group I the following charges may be added to ated in the following table at or below the prices. Wholesalers in turn are authorized the maximum prices established in (a) prices set forth in Column A of this table. to make regular sales at wholesale of this number at or below the prices listed in Col­ above: Wholesalers who purchase this number umn B. Retailers will determine their ceil­ (1) The actual amount of freight paid from Galena Glove and Mitten Company ing prices on this number in accordance with to obtain delivery to his place of business. may make “regular sales” at wholesale of section 2 of RMPR 506. Such charges shall not exceed the lowest such glove, at or below the prices set forth common carrier rates. in Column B of the table. Ceiling prices Column Column (2) Crating charges actually paid to for “special sales” at wholesale shall be A B his supplier but in no instance exceeding determined in accordance with section Manufacturers the amount specified in (b) above. 3 (b) of Revised Maximum Price Regula­ Style N o. prices (e) Each seller covered by this order, tion 506. Whole- saler’s except a dealer, shall notify each of his Group Group prices purchasers, in writing, at or before the I, II, Column A Column ceiling issuance of the first invoice after the B ceiling Manufac­ effective date of this order, of the maxi­ turer’s prices P T 12 S...... $2.41 $2.62 $2.79 mum prices established by this order for Stylé Glove description each such seller as well as the maximum No. Whole­ prices established for purchasers upofi' saler’s You will note that the letter “S” follows prices manufacturers’ lot number or brand name. resale, except dealers, including allow­ ceiling ceiling This letter indicates that these gloves ha,ve able transportation and crating charges. Group I, Group II been specifically priced by OPA under sec­ (f) The Fleetwood Equipment Corpo­ tion 4 (b ). ration of Fleetwood, Pennsylvania, shall PT12. Men’s gunn pattern, stencil on the Dough Retarding Refrig­ (e) This Order No. 85 under Revised knit wrist, two erator covered by this order, substan­ thumb, nap out can­ Maximum Price Regulation 506 may be ton flannel glove tially the following: (husking glove); revoked or amended by the Price Admin­ thumbs 12 oz. brown istrator at any time. OPA Maximum Retail Price $990 flannel shell, 8 oz. Per Per 'Per white flannel liner; dozen dozen dozen This order shall become effective April Plus freight and crating as provided in glove 12 oz. white...... $2. 41 $2.62 $2.79 18, 1946. Order No. 426 under Maximum Price Regu­ lation No. 591. Issued this 17th day of April 1946. (b) The maximum prices authorized (g) This order may be revoked or in paragraph (a) are subject to the fol­ P a u l A . P o r t e r , amended by the Price Administrator at lowing : Administrator. any time. (1) The instructions for manufactur­ [F. R. Doc. 46-6467; Filed, Apr. 17, 1946; This order shall become effective ers and wholesalers which preface the 11:29 a. m .] April 18, 1946. No. 77------7 4372 FEDERAL REGISTER, Friday, April 19, 1946

Issued this 17th day of April 1946. Model H-167: Maximum list price 2. Section (b) (2) is amended to read 115 or 230 volt, 60 cycle, 1 phase: as follows: P a u l A . P o r t e r , 1 speed______$126.00 Administrator. 2 sp eed ______136.00 (2) Maximum prices thus set forth Variable speed______- 150.00 shall not exceed the general level of [P. R. Doc. 46-6473; Piled, Apr. 17, 1946; 115 or 230 volt, D. C. 1 speed______137.00 prices as fixed by the regulation which 11:27 a. m.] 115 volt D. C. 5 speed______154. 00 would otherwise be applicable; Provided, 220 or 440 volt, 60 cycle, 3 phase, ,however, That where the existing level of 1 sp eed ______134. 00 prices so determined or the prices pre­ Model H-220: 115 or 230 volt, 60 cycle, 1 phase: viously set under this order are no longer [M PR 591, Order 427] 1 sp e ed ______163.00 generally fair and equitable in the par­ 2 sp eed ------177.00 ticular community or defined area, they A ir t h e r m M f g . C o . Variable speed______199.00 may be adjusted to the extent neces­ AUTHORIZATION OF MAXIMUM PRICES 115 or 230 volt, D , C. 1 speed------178.00 sary to eliminate such unfairness and 115 volt, D. C.' 5 speed— ,...... 195.00 inequity. 220 or 440 volt, 60 cycle, 3 phase, For the reasons set forth in an opinion J sp eed ______170. 00 This Amendment No. 4 shall become issued simultaneously herewith and filed Model H-274: effective April 17, 1946. with the Division of the Federal Register 115 or 230 volt, 60 cycle, 1 phase: Issued this 17th day of April 1946. and pursuant to section 9 of Maximum 1 sp eed ______’------210. 00 P a u l A . P o r t e r , Price Regulation No. 591; It is ordered: 2 Speed______-— 216.00 Variable speed------241.00 Administrator. (a) The maximum list prices, f. o. b. 115 or 230 volt, D. C. 1 speed— ------219. 00 [F. R. Doc. 46-6529; Filed, Apr. 17, 1946; point of shipment, for sales by any person 115 volt D. C. 5 speed______241.00 4:21 p. m.] of the following unit heaters manufac­ 220 or 440 volt, 60 cycle, 3 phase, tured by' the Airtherm Manufacturing 1 sp e ed ______- — - — 210.00 v [Rev. SO 119, Order 160] Company of St. Louis, Missouri, and as The maximum list prices above are all described in the application dated Feb­ f. o. b. point of shipment, except on sales C o p c o S t e e l a n d E n g in e e r i n g C o . ruary 18, 1946, which is on file with the to consumers which is a delivered price. a d j u s t m e n t o f m a x i m u m p r ic e s Préfabrication and Building Equipment (b) The maximum.list prices set forth Order No. 160 under Revised Supple­ Price Branch, Office of Price Administra­ in (a) above are .subject to the following mentary Order No. 119. Docket No. tion, Washington 25, D. C., shall be: \ functional discounts: 6123—SO 119—58. Percent Adjustment of maximum prices— Model H-26: Maximum list price On sales to distributors or Jobbers— 45 Steel Window Sash (Basement Residen­ 115 or 230 volt, 60 cycle, 1 phase: On sales to dealers or retailers------20-15-15 On sales to consumers______20-15-10 tial) manufactured by the Copco Steel 1. speed______,------$61.00 and Engineering Company, Detroit, 2 speed______- 67.00 (c) The maximum prices established 3 speed______69.00 Michigan. 115 or 230 volt D. 0 . 1 speed------66.00 by this order shall be subject to discounts For the reasons set forth in an opinion 115 volt D. C. 3 speed------72.00 and allowances and the rendition of issued simultaneously herewith and filed Model H-36: services which are at least as favorable with the Division of the Federal Register -115 or 230 volt, 60 cycle, 1 phase: , as those which each seller extended or and pursuant to section 13- of Revised 1 speed-______— 71.00 rendered or would have extended or ren­ Supplementary Order No. 119, it is or­ 2 speed______- — 77.00 dered to purchasers of the same class on dered: 3 speed______— 79.00 comparable sales of similar commodities 115 or 230 volt D. C. 1 speed------77.00 (a) Maximum prices for Copco Steel 115 volt D. C. 3 speed------— 82.00 during March 1942. and Engineering Company, Detroit, Model H-46: (d) Each seller covered by this order, Michigan. (1) The above manufacturer 115 or 230 volt, 60 cycle, 1 phase: except on sales to consumers shall notify may determine his maximum prices for 1 speed------82.00 each of his purchasers, in writing, at or his line of Steel Window Sash (Basement 2 speed---- ..------88.00 before the issuance of the first invoice 3 speed_____ — ------90.00 Residential) by increasing by 18 percent after the effective date of this order, of his prices in these items in effect on Oc­ 115 or 230 volt, D. C. 1 speed------88.00 the maximum prices established by this 115 volt D. C. 3 speed------94.00 tober 1, 1941 to each class of purchaser. order for each such seller as well as the Model H-72: (2) Since the provisions of this order 115 or 230 volt, 60 cycle, 1 phase: . maximum prices established for purchas­ are not intended to reduce properly es­ 1 speed------— 94.00 ers, except on sales to consumers, upon tablished maximum prices, the manufac­ 2 speed______103.00 resale. turer may continue to use as his maxi­ Variable speed------119.00 (e) This order may be revoked or mum prices to each class of purchaser 115 or 230 volt D. 0 .1 speed------105.00 amended by the Price Administrator at his properly established prices in effect 115 volt D. C. 5 speed.------114.00 any time. 220 or 440 volt, 60 cycle, 3 phase, 1 under Maximum Price Regulation No. sp e e d ___ - ______— 105.00 This order shall become effective April 591 in the event that such prices exceed Model H-92: 18,1946. the prices in effect to each class of pur­ 115 or 230 volt, 60 cycle, 1 phase: chaser on October 1, 1941 plus the in­ 1 speed------— 102. 00 Issued this 17th day of April 1946. crease provided for in (1) above. 2 speed______113.00 P a u l A . P o r t e r , -(3) The maximum prices set forth V a ria b le -______128.00 115 or 230 volt D. C. 1 speed------114.00 Administrator. above shall be subject to discounts and allowances including transportation al­ 115 volt D. C. 5 speed______.______121.00 [F . R. Doc. 46-6474; Filed, Apr. 17, 1946; 220 or 440 volt, 60 cycle, 3 phase, 11:27 a. m .] lowances and price differentials which 1 speed______113.00 are at least as favorable as those the Model H-124 : manufacturer extended or rendered or 115 or 230 volt, 60 cycle, 1 phase: [Gen. Order 68, Amdt. 4] would have extended or rendered to each 1 speed______114. 00 class of purchaser on commodities in the 2 speed______------124.00 . R e g io n a l A dministrators Variable speed______139.00 same general category. 115 or 230 volt, D. C. 1 speed------126.00 d e l e g a t io n o f a u t h o r i t y (b) Resellers’ maximum prices. All 115 volt D. C. 5 speed______134. 00 resellers of the commodities covered by 220 or 440 volt, 60 cycle, 8 phase, For the reasons set forth in an opinion' this order (but not manufacturers who 1 sp e ed ______122.00 issued simultaneously herewith and filed purchase such items for use in the man­ -Model H-146: with the Division of the Federal Register, ufacture of other products) may add to 115 or 230 volt, 60 cycle, 1 phase: 'General Order No. 68 is amended in the their presently established maximum 1 speed______120. 00 following respects: prices the actual, dollars-and-cepts in­ 2 sp e ed ------» — - 131.00 1. The phrase “Building Materials andcrease in cost resulting from the adjust­ Variable speed______145.00 ment granted the manufacturer by this 115 or 230 volt, D. C. 1 speed______132.00 Construction Price Branch” in para­ graphs (a) and (f) is amended to read order. * 115 volt D. C. 5 speed...... 149.00 (c) Notification to all purchasers. The 220 br 440 volt, 60 cycle, 3 phase, “Building and Construction Price Divi­ 1 sp e ed ______.— 128.00 sion.” . manufacturer shall send the following FEDERAL REGISTER, Friday, April 19, 1946 4373 notice to every purchaser of the com­ Price Regulation No. 580 shall compute mum prices shall be subject to the same modities covered by this order at or be­ their ceiling prices under that regulation discounts, extra charges and terms of fore the time of the first invoice after as it has been modified by Order No. 4800 delivery to the applicable class of pur­ the adjustment granted by this order is under § 1499.159b of Maximum Price chaser in effect prior to the effective date put into effect: Regulation No. 188. of this order. Order No. 160 under Revised Supplementary (2) A retailer who determines his max­ (b) Resellers of applicant’s truck Order No. 119 authorizes an 18 percent in­ imum resale price under the General trailers and extra, special or optional crease in October 1, 1941 net prices fo r sales Maximum Price Regulation shall com­ equipment sold as original equipment of steel windows Sash (basement residential) pute his ceiling prices under that regula­ shall increase resale list prices in effect manufactured by this company. tion as modified by Order No. 4800 under prior to the effective date of this order Resellers (but not manufacturers who pur­ § 1499.159b of Maximum Price Regula­ by a percentage not to exceed 3.6 per­ chase such item for use in the m anufacture tion No. 188. cent. The adjusted maximum prices are of other products) may add to their exist­ ing maximum prices the actual dollars-and- (3) The provisions of Supplementary subject to the same discounts, extra cents increase in cost resulting from the ad­ Order No. 153 shall not apply to the de­ “charges and terms of delivery in effect justment by Order No. 160. termination of ceiling prices for resales prior to the effective date of this order. of articles covered by this order. (c) The applicant shall adjust resale (d) All prayers for relief not granted •, (c) Terms of sale. Ceiling prices ad- # list prices for its trailer replacement herein are denied. justed by this order are subject to each parts in accordance with Section 2 (d) (e) This order may be amended or re­ seller’s terms, discounts, and allowances (1) of Supplementary Order 142 as voke^ by the Price Administrator at any on sales to each class of purchaser in ef­ amended and shall notify resellers of the time. fect during March 1942, or thereafter, adjusted resale list price in accordance This order shall become effective April properly established under OPA regula­ with section 10 of Maximum Price Reg­ 18,1946. tions. _ ulation 452. In the case, of maximum (d) The manufacturer shall file the f e- prices for non-list sales by resellers un-. Issued this 17th day of April 1946. port described in Section 5 of Supple­ der Maximum Price Regulation 453, the P a u l A . P o r t e r , mentary Order No. 133 with the Office of applicant shall notify resellers of the Administrator. Price Administration, Washington 25, dollar and cents amounts of adjustments [F. R. Doc. 46-6531; Filed, Apr. 17, 1946; D. C. He shall also comply with the in the applicant’s non-list prices. Re­ 4:22 p. m .] invoicing and reporting provisions of sec­ sellers shall determine adjusted maxi­ tions 8 and 9 of Order No. 4800 under mum non-list prices in accordance with Maximum Price Regulation No. 188. [S O 133, Order 29] section .7 of Maximum Price Regulation (e) Notification. At the time of, or 453. A b e r n a t h y F u r n it u r e C o . prior to the first invoice to a purchaser This order shall become effective April ADJUSTMENT OF MAXIMUM PRICES for resale bn and after the effective date 17, 1946. of this order, showing prices adjusted For the reasons set forth in an opinion in accordance with this order, the seller Issued this 17th day of April 1946. issued simultaneously herewith and filed shall notify the purchaser in writing of P a u l A . P o r t e r , with the Division of the Federal Register, the method established in paragraph (b) Administrator. and pursuant to Supplementary Order of this order for determining adjusted [F. R. Doc. 46-6533; Filed, Apr. 17, 1946; No. 133; It is ordered: maximum prices for resale of the arti­ 4:20 p. m.] (a) This order establishes maximum cles.. This notice may be given in any prices for sales and deliveries of certain convenient form. [S O 94, Rev. Order 105] articles of dining room and bedroom fur­ (f) All requests for adjustment of W ar D e p a r t m e n t e t a l . niture specified below, manufactured by maximum prices not specifically granted Abernathy Furniture Company, Kansas by this order are hereby denied. SPECIAL MAXIMUM PRICES FOR RESALES OF City, Missouri. (g) This order may be revoked or CERTAIN NEW MILITARY VEHICLES “ (1) For all sales and deliveries of the amended by the Price Administrator at Order No. 105 under Supplementary following articles by the manufacturer to any time, Order 94 is redesignated Revised Or­ retailers, adjusted maximum prices are (h) This order shall become effective der 105 and is revised and amended to those set forth below: on April 17, 1946. read as follows: Issued this 17th day of April 1946. For the reasons set forth in an opin­ Adjusted ion issued simultaneously herewith and Article Model No. maximum P a u l A . P o r t e r , filed with the Division of the Federal price to retailers Administrator. ^Register, and in accordance with section 11 of Supplementary Order 94, it is or­ [F. R. Doc. 46-6532; Filed, Apr. 17, 1946; dered: Be«.... 181-1...... $26.09 4:22 p. m.] Chest.. 181-3...... 39.18 (a) What this order does. This order Vanity. 181-9...... 53.62 Bed.... 159-1...... 23.03 establishes maximum prices for resales Chest.. 159-3...... 35.72 of any new self-propelled motor driven Vanity. 159-9...... 44.20 [SO 142, Order 8Q] vehicle or any vehicle drawn by it, ex­ Bench. 159-12...... 7.28 Table.. 118BF-8..___ 49.36 F r u e h a u f T r a il e r C o . cept those covered by Revised Price 108BF-7...... 34.45 Schedule 85, originally sold to the War 108BF-8______; 45.25 AUTHORIZATION OF MAXIMUM PRICES 108-7^...... 40.00 Department, Department of the Navy, 366-S-5...... 29.08/ Order No. 80 under Supplementary United States Marine Corps, or the 368S-8— ...... 41.50 Order 142. Adjustment provisions for Buffet. 108-38W D ...... 40.68 United States Coast Guard, and which 108-54C...... 44.43 sales of industrial machinery and equip­ have been or may be purchased from any 366-48C...... 27.93 ment. Fruehauf Trailer Company; United States Government agency. China Closet... 108-4H...... 52.35 Comer cabinet. 108-4...... 30.67 Docket Nos. 6085-SO 142-452-10 and (b) Maximum prices. (1) The maxi­ Chair...... 108-1.“...... 8.19 6085-SO 142-136-2. mum prices for resales of new self-pro­ 108-2...... 10.47 108H-1.1...... 6.57 For the reasons set forth in an opinion pelled motor driven vehicles, except 108H-2...... 8.90 issued simultaneously herewith and filed those covered by Revised Price Schedule -108-SS-l...... 8.18 108-SS-2...... 10.48 with the Division of the Federal Register 85, shall be as follows: 366-1...... 7.60 and pursuant to Section 2 of Supple­ (i) For resales by a distributor to a 366-2...... 9.92 mentary Order 142, It is ordered: dealer or exporter, the total of: (a) Fruehauf Trailer Company is au­ (a) The Government selling price in­ (b) Retailers of articles which the thorized to increase its maximum net creased by the application of a .95 di­ manufactures' has sold at an adjusted prices in effect prior to the effective date visor. maximum price determined under this of this order for truck trailers and extra, (b) A transportation charge from the order shall determine their maximum special and optional equipment sold as location of vehicle at the time of the prices as follows: original equipment and trailer replace­ Government sale to the distributor’s G ) Retailers who must determine ment parts by a percentage not to ex­ place of business, but not to exceed the their maximum prices under Maximum ceed.. 3.6 percent. The adjusted maxi - lowest common or contract carrier rate.

y 4374 FEDERAL REGISTER, Friday, A pril 19, 1946

(c) Assembly costs, if the vehicle has Government sale to the dealer’s place Regional and District Office Orders. been assembled by the distributor, not of business, but not to exceed the low­ [Pittsburgh Order G -3 U nder M PR 426] to exceed $175.00 for up to 2 y2 ton ca­ est common or contract carrier rate. F resh F ruits and V egetables in pacity and not to exceed $250.00 for over (e) Assembly costs, if the trailer has P ittsburgh D istrict 2% ton capacity. been assembled by the dealer, not to ex­ (ii) For resales by a dealer who pur­ ceed $15.00 for up to 1 ton capacity For the reasons stated in an opinion chases direct from the Government dis­ and not to exceed $75.00 for over 1 ton issued simultaneously herewith and pur­ posal agency, the total of: capacity. suant to the authority contained in sec­ (a) The price paid the Government (iii) For resales by a dealer who pur­ tion 8 (a) (7) of Maximum Price Regula­ disposal agehcy. chases from a distributor, the total o f: ‘ tion No. 426, this order is hereby issued. (b) A mark-up of 33% on the Govern­ id) The price paid the Government S ection 1. What this order does. This ment sales price if the vehicle is not disposal agency by the distributor. order determines that Cleveland, Ohio, over 1 % ton capacity or does not exceed (b) A mark-up of 47% on the Gov­ and Buffalo, New York, are the customary 16,000 lbs. gross vehicle weight, and 42% ernment sales price. carlot receiving points for the items if the vehicle exceeds such capacity or (c) A handling charge of $15.00 per listed in the appendices which are de­ weight. trailer. livered to wholesalers in the Erie area (c) A handling charge of $15.00 per • id) A transportation charge from the described in section 2. Appendices A vehicle. _ location of trailer at the time of the and B list the fresh fruits and vegetables (d) A transportation charge from the Government sale to the dealer’s place of affected by this order. Appendix ,A sets location of vehicle at the time of the business, but not to exceed the lowest forth the lowest carlot transportation Government sale to the dealer’s place of common or contract carrier rate. allowances which may be added to basing business, but not to exceed the lowest Assembly costs, if the trailer has been point prices at the customary carlot re­ common or contract carrier rate. assembled by the distributor and the ceiving points. Appendix B provides for (e) Assembly costs, if the vehicle has dealer has been billed for such charges or less-than-carlot maximum hauling al­ been assembled By the dealer, not to if the trailer has been assembled by the lowances which may be added to the exceed $175.00 for up to 2% ton capacity dealer, not to exceed $15.00 for up to 1 total of the maximum basing point price and not to.exceed $250.00 for over 21/2 ton capacity and not ta exceed $75.00 for and Appendix A allowances when deliv­ ton capacity. over 1 ton capacity. . eries are made from the customary carlot (iii) For resales by a dealer who pur­ (iv) In the event the actual assembly receiving points to the Erie area or from chases from a distributor, the total of: costs for any trailer exceed the amounts a carlot receiving point in the Erie area (a) The price paid the Government hereinbefore set forth, the distributor or to a point outside the free delivery zone. disposal agency by the distributor. dealer performing such services may ap­ (b) A mark-up of 38% on the Gov­ ply to the Regional or District Office of Sec. 2. Where this order applies. This ernment selling price if the vehicle is the Office of Price Administration in the order applies in the counties of Clarion, not over l 1/^ ton capacity or does not ex­ Region or District in which he is located Crawford, Erie, Forest, Mercer, Venango, ceed 16,000 lbs. gross vehicle weight, and for an allowance of his actual assembly and Warren in the State of Pennsyl­ 47 % if the vehicle exceeds such capacity costs and any Regional Administrator or vania. or weight. District Director is hereby authorized to Sec. 3. Freight from basing points to (c) A handling charge of $15.00 per issue an order compensating him for such Cleveland and Buffalo. The freight from vehicle. actual assembly costs. basing points to Cleveland or Buffalo, (d) A transportation charge from the (c) Taxes. There may be added to the which may be added to the maximum location of vehicle at the time of the Gov­ maximum prices h’ereinbefore set. forth basing. point price, is the appropriate ernment sale to' the dealer’s place of the amount of any State and municipal amount shown in Appendix A. business, but not to exceed the lowest tax upon, or incident to, the sale, deliv­ Sec. 4. Less th,an carlot hauling allow­ common or.contract carrier rate. ery or use of such vehicle. ances. (a) A wholesaler, delivering in (e) Assembly costs, if the vehicle has (d) Invoice of sale. Every reseller of less than carlot quantities from the cus­ been assembled by the distributor and any of the vehicles covered by this order the dealer has been billed for such shall furnish his purchaser with an in­ tomary carlot receiving points to a charges or if the vehicle has been assem­ voice of sale setting forth the name of the wholesaler in the Erie area, may add the propriate amount indicated in Ap­ bled by the dealer, not to exceed $175.00 Government disposal agency, the Gov­ for up to 2l/z ton capacity and not to ernment selling price and separately pendix B. (b) A wholesaler, receiving a carlot in exceed $250.00 for over 21/2.ton capacity. stating any assembly and transportation the Erie area, or a jobber, delivering (2) The 'maximum prices for resales charges. from the premises of such carlot receiver of trailers shall be as follows: (e) Export sales. The maximum prices at which any seller may export any of the to a point outside the free delivery zone, .(i) For resales by a distributor to a may add the appropriate hauling allow­ dealer or exporter, thé total of: commodities covered by this order shall be determined in accordance with the ance in Appendix B. (a) The Government selling price in- (c) Appendix B allowances may not increased by the application of a .95 provisions of Maximum Export Price Regulation, as revised. be added when’'a carlot is received and divisor. delivery is made within the free delivery ( f ) Definitions. (1) “Distributor” (b) A transportation charge from the meahs any person who sells to purchasers zone. location of trailer at the time of the Gov­ for resale. Sec. 5. Definitions, (a) The term ernment sale to the distributor’s place (2) “Dealer” means any person who “ free delivery zone”, as used in this order, of business, but not to exceed the lowest sells to ultimate consumers. shall mean the area within the corporate common or contract carrier rate. (g) Relation to other regulations and limits of the municipality in which -the (e) Assembly costs, if the trailer has orders. This'order with respect to the carlot or trucklot is received. been assembled by the distributor, not commodities it covers supersedes any (b) Unless the context otherwise re­ quires, the- definitions contained in Max­ to exceed $15.00 for up to 1 ton capacity other regulation or order previously is­ and not to exceed $75.00 for over 1 ton imum Price Regulation No. 426 and in sued by the Office of Price Administra­ the Emergency Price Control Act of 1942, capacity. tion. (ii) For resales by a dealer who pur­ as amended, shall apply to other terms (h) Revocation and amendment. This used in this order. chases direct from the Government dis­ order may be revoked or amended at any Sec. 6. Effective date. This order posal agency, the total of: time. (a) The price paid the Government shall become effective at 12:01 a. m. on disposal agency. This order shall become effective April April 15, 1946. 18, 1946. (b) A mark-up of 42% on the Gov­ (56 Stat. 23, 765; Pub. Law 151, 78th ernment sales price.. Issued this 18th day of April 1946. Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, (c) A handling charge of $15.00 per P a u l A . P orter, 8 F.R. 4681; MPR 426, 8 F.R. 16409) trailer. Administrator. Issued April 3, 1946. (d) A transportation charge from the [F . R. Doc. 46-6665; Filed, Apr. 18, 1946; W i l l i a m K . H a r r is o n , location of trailer at the time of the 11:37 a. m .] District Director. FEDERAL REGISTER, Friday, A p ril 19, 1946 4375

A p p e n d i x A

Freight allowances from basing point to Cleveland, Ohio, or Buffalo, N . Y .

Freight allowance Commodity Standard'container and minimum contents Basing point Season Cleveland Buffalo

Brentwood lug, 24-26 lbs...... Sacramento, Calif...... A ll...... $0.54 $0 54 Northwest, lug, 13-1.1 lhs • ...... do...... A ll.... .37 37 Bu. container, 28 lbs. net...... Pompano, Fla...... A ll... .60 62 L. A. crate, 72 bunches, each bunch 1 El Centro, Calif...... 1/16-3/31 1.35 1 35 lb. or more...... d o ...... 4/1-5/31 . 1. 45 Salinos, Calif...... 6/1-11/30...... 1.53 1. 53 ____ d o ...... 12/1-1/15 . 1.43 j.43 Cucumbers (except hothouse)______1 bu. container, 48 lbs. net w t...... Wachula, Fla...... 11/1^/31 . .75 ,78 Ponchatoula, La...... 6/1-6/30...... -...... :. .. .63 . 71 Cucumbers (hothouse)______...... 18 lbs. net wt...... Davenport, iowa______All . 2.77 7 77 ljri bushel crate, 45 lbs. net wt...... Fort Meyers, Fla___ _ All .. .78 jj3 Grapefruit (pink—A ll States except Cali- l^i bushel, 72 lbs. net wt...... Weslaco, Tex...... A ll...... 1.09 1.15 forma and Arizona). Grapefruit (white—California and Ari- 1H bushel crate,'63 lbs. net w t_____ . Los Angeles, Calif...... 11/16-4/30...... 1. 20 v 1 20 ...:.d O ...... 5/1-10/31. . 1.27 L-27 lft-bushel crate, 82 lbs. net w t______Homestead, Fla...... A ll...... 1.09 1 13 A ll...... 64 1%'bushel, 72 lbs. net wt...... Los Angeles, Calif...... 11/1-4/30...... 1.24 1 24 5/Ì-10/31... . . 1.38 L. A; or Salinos crate, net wt. 60 lbs., El Centro, Calif...... 1/1-2/28...... 1.51 1*51 ___ .do___ 1...... 3/1-3/31...... 1.55 4/1-4/30...... 1.62 5/1-5/31 ...... 1.67 - ...... do...______6/1-10/15...... 1.77 ...... do...... 10/16-12/1...... 1.62 El Centro, Calif...... 12/1-12/31...... 1.55 l! 55 Melons: Jumbo crate, 83 lbs...... do...... 1.82 Jumbo crate! 83 lbs...... Mendota, Calif...... 1.90 Standard crate, 68 lbs...... 1.58 Standard crate! 68 lbs...... 1.65 All! ‘ 1 33 Jumbo or std. crafe, 42 lbs...... All. .. 1.09 All 1.09 1.05 crate. Mendota, C alif...... :... 1.09 1.58 Jumbo cantaloup crate, 58 lbs...... 1.65 Persian melons___ -______.... ___ .... AH" 1.09 Standard Persian crate, 37 lbs...... A ll...... 1.00 1 00 All .. .88 Oranges (California and Arizona)...... 11/16-4/30... 1.33 5/Ì—11/Ì5...... 1.40 1 40 Oranges (Florida and Texas)______...... All 1 09 Peas (green)...... Bushel container 28 lbs. net wt______Calipatria, Calif...... - 1 9/1-3/31...... 1...... 72 . 72 Santa Barbara, Calif______... 4/1-8/31...... 80 .80 Pears. ______... Box—44 to 48 lbs. net wt...... All .91 .91 Plums...... All Size: 3 x 4...... 70 .70 3 x 4 x 4 ...... 70 .70 4 X 4...... 68 ,68 3 x 4 x 5 ...... 68 ,68 4 x 5...... 6o .60 3 X 5...... 58 • 58 5x6...... 58 .58 6 x 6...... 58 .58 Prunes, Italian...... H bu., 28-32 lbs...... All ...... 64 .64 Prune box, 15-17 lbs...... All . .39 .39 Sweet peppers______1 x/i bu. crate, 37 lbs. net wt...... All .71 .73 1 bu., 25 lbs. net...... do______."I...______A ll...... 43 .45 Sweet potatoes ...... 1 bu___.'______A ll...... 48 .48 Spinach... . 1 bu. 18 lb. net...... Crystal City, Tex...... A ll...... 36 .38 Tangerines (all States except California Two % bu., 90 lb. net wt...... Homestead, Fla...... A ll...... 1.16 1. 21 and Arizona).

A p p e n d i x B *

Less than carlot hauling allowances

Minimum contents and standard Allow­ Minimum contents and standard Commodity Commodity .Allow­ container ances i ontainer ances

Beans (snap)______1 bushel—28 lbs. net w t...... $0.13 $0.18 Cantaloups or honeyballs...... Jumbo crate...... >...... 31 .31 Standard crate...... 27 .36 Pony crate...... ; ...... 23 Carrots. . .36 .31 Casaba melons___ _ .18 .36 Cranshaw melons .. .18 . 39 Cucumbers (hothouse) . Basket or box—18 lbs. net w t...... 08 .20 Cucumbers (except hothouse)______1 bushel—48 lbs. net w t...... 24 . 12 Lug box—48 lbs. net w t...... 12 .20 Deciduous, all . . . .12 . 12 Eggplant...... 24 . 18 30 lbs. net wt. bushel______.16 .18 Grapes, all____ .12 T .16 Urapefruit (white) (California and .30 .20 Arizona). Spinach______.08 Grapefruit (all other) — l } i bushel, 72 lbs. net wt...... 34 Tangerines...... 40

[P. R. Doc. 46-6407; Filed, Apr. 16, 1946; 4:30 p. m.] 4376 FEDERAL REGISTER, Friday, April 19, 1946

[Pittsburgh .Order G-2 Under MPR 426] mary receiver or anyone who receives a Rocks, Millvale, Mt. Lebanon, Mt. Ol­ carlot or trucklot of an item named iver, Munhall, Rankin, Sharpsburg, F r e s h F r u it s a n d V e g e t a b l e s i n P i t t s ­ herein; no allowances are provided for Swissvale, Wilkinsburg. b u r g h , P a ., D is t r ic t such sales. Sec. 4. Determination of delivery al- For the reasons set forth in an opinion Sec. 2. Where this order applies. This lowances— (a> Within the Pittsburgh issued herewith, and pursuant to the order applies in the counties of Wash­ Free Delivery Zone. There shall be no authority contained in Maximum Price ington, Armstrong, Westmoreland, additions for deliveries to purchasers lo­ Regulation No. 426, this order is hereby Beaver, Greene, Butler, Fayette, Law­ cated in the Pittsburgh Free Delivery issued. rence, and Allegheny, in the State of Zone. (b) Outside the Pittsburgh Free Deliv­ S e c t i o n 1. What this order does. This Pennsylvania. ery Zone. Secondary jobbers or service order establishes allowances which may S ec. 3. Determination of Pittsburgh wholesalers, for sales delivered to the be added to the maximum prices of cer­ Free Delivery Zone. For the purpose of tain fresh fruits and vegetables for cer­ this order the Pittsburgh Free Delivery premises of purchasers located outside tain delivered sales by service wholesal­ Zone includes Pittsburgh, Aspinwall, the Pittsburgh Free Delivery Zone, may ers and secondary jobbers, delivered to Avalon, Bellevue, Ben Avon, Braddock, add the following amounts to the maxi­ the premises of the buyer situated in the Brentwood, Carnegie, Castle Shannon, mum prices of secondary jobbers or area described in section 2. In no case Crafton, Dormont, Edgewood, Etna, service wholesalers for deliveries within does this order apply to a carlot or pri­ Greentree, Homestead, Ingram, McKees the Pittsburgh Free Delivery Zone:

Allowances Allowances Allowances Allowances for de- for de- for de­ for de­ Standard container and liveries liveries Standard container and liveries liveries Commodity Commodity minimum contents within outside minimum contents within outside Allegheny Allegheny Allegheny Allegheny County County County County

$0.10 $0.16 Honeydew melons.. Jumbo or honeydew crate... $0.11 $0.18 Beans (snap)— -...... 20 .31 Cantaloups or honeyballs.. .20 .31 Jumbo cantaloup crate_____ .17 .27 Lettuce...... L . A. crate, 48 heads, 60 lbs. .19 .30 .14 .23 net. .36 Oranges, California. .23 .36 Carrots______.23 Jumbo or standard crate--,- .11 .18 Oranges, Florida.... .24 .38 Casaba melons------— .10 .16 Cranshaw melons...... — .11 .18 Peas, g r e e n . . ___ _24 .13 .20 Cucumbers, except hotbouse- .15 Peppers (sweet)___ .08 .12 1 bushel...... 08 .12 .08 .12 Persian melons____ .11 .18 Deciduous, all______.24 Standard erate...... 11 .18 Eggplant...... 15 .10 .16 Pony crate...... 10 .16 .08 .12 Potatoes, sweet. .13 .20 Grapes, all------—— Spinach______, ' .05 .08 Grapefruit: .32 Tangerines.^— .13 .20 California______n .20 .21 .34 Florida______.36 Fink...... — -...... 23. 1 *

Sec. 5. Relationship to maximum price apply to the other terms used in this Regulation 251, are adopted in this or­ regulation No. 426. In determining total order. der and are just as much a part of this order as if included herein. If Regional selling prices on the sales of those fresh ~ S e c . 7. Effective date. This order shall fruits and vegetables enumeratedjn sec­ Order No. G-2 (Basic Order No. 1) under become effective at 12:01 a. m. on/April section 9 of Revised Maximum Price tion 4, a service wholesaler or secondary 15, 1946. jobber shall apply the following rules: Regulation 251 is amended in any re­ (56 Stat. 23, 765; Pub. Law 151, 78th spect, all the provisions as amended (a) The allowances established in this Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, shall likewise, without further action, be order, for service wholesalers and sec­ 8 F.R. 4681; MPR 426, 8 F.R. 16409) ondary jobbers making delivered sales to a part- of this order. the premises of a purchaser located out­ Issued April 3, 1946. Appen dix side the free delivery zone, may be added W i l l i a m K. H a r r is o n , Maxim um prices -of .plum bing services and to the ceiling prices determined under District Director. sales 'of installed plumbing fixtures and ma­ Maximum Price Regulation No. 426, and terials. The maximum amount which may [F. R. Doc. 46-6406; Filed, Apr. 16, 1946; be charged for plumbing and allied services Order No. G -l issued, by the Pittsburgh 4:30 p. m.] customarily performed in this* area by District Office. Less than these maxi­ plumbing contractors’ shall be the “maximum mum prices may always be charged. [Region IV Order G-4 Under RMPR 251] hourly service rates” as provided in sub-par­ (b) The additions set out in section 4 agraph (a) belowr plus the maximum prices shall supersede any permitted additions P l u m b i n g S e r v ic e s , a n d I n s t a l l e d P l u m b ­ of the plumbing fixtures and materials as set for delivery outside of the free delivery i n g a n d H e a t in g F ix t u r e s a n d M a t e ­ forth in ¿ub-paragraph»(b) and (c) below:. zone of the wholesaler heretofore estab­ r ia l s i n C h a t h a m C o u n t y , a n d S a ­ (a ) Maximum hourly service charge. The lished under Maximum Price Regulation v a n n a h , G a . maximum hourly charge for plumbing serv­ For the reasons set forth in the accom­ ices shall be the straight time hourly rate No. 426, as amended, or any order issued set forth in Column A or the legal wages paid thereunder. panying opinion and under the author­ per hour multiplied by the markup in Col­ (c) For undelivered sales by service ity conferred upon the Regional Admin­ umn B, whichever is lower, together with wholesalers and secondary jobbers whose istrator for Region IV of the -Office of any applicable overtime: places of business are located inside or Price Administration by section 9 of Re­ outside the Pittsburgh Free Delivery vised Maximum Price Regulation 251, It Maximum hourly service Zone, there shall be deducted 5f* per con­ is ordered: rates tainer under 50 lbs. gross weight, and 10^ 1. This adopting order establishes dol-> lars-and-cents ceiling prices for plumb­ Column A Column B 1 per container for containers 50 lbs. or Types of labor service more gross weight from the delivered ing services and installed plumbing and Markup fac­ prices computed according to this order. heating fixtures and materials which Straight time' tor of legal charges per wage rates ceiling prices are set forth in the appen­ hour paid S e c . 6. Definitions, (a) When used in dix following section 3. this order, the term “ delivered” means 2. This order covers ceiling prices for delivered to the buyer’s premises and, in Master plumber______$3.00 * $1.64 plumbing services and installed plumb­ Journeyman plumber.___ 3.00 1.64 1.64 the case of retailers, delivered to the re­ ing and heating fixtures and materials in Apprentice plumber...... 1.25 tail store, (b) Unless the context other­ Savannah and Chatham Counties, Geor­ Helpers or laborers...... 1.00 1 64 wise requires, the definitions set forth in gia. Maximum Price Regulation No. 426, as 3. All the provisions of Order No. G-2 1 In calculating the hourly service rate per hour.’“ Column B. the restilting figure may be rounded to me amended, and in the Emergency Price (Basic Order No. 1) for Region IV, under nearest 25f. In no instance, however, shall tne res Lilt­ Control Act of 1942, as amended, 'Shall section 9 of Revised Maximum Price ing figure be in excess of the amount in Column A. 3 7ED EFriday, R A L R E A G pril IS T E 19, R , 1946 4377FE

(b ) Maximum prices of installed plumbing herewith. Amendment No. 3 to Revised Dom estic fixtures and materials. The maximum Order No. G-10 under Revised Maximum delivered amount which may be charged for any fix­ Price Regulation No. 122, issued Febru­ per ton ture and materials, involved in the process B t Production group No. 3A (includes of repairing or installing by plumbing con­ ary 11, 1946, is amended in the following all mines in the “Paris Field” of tractors as defined in this OLder shall not respects: Logan County, Ark., and mines hi exceed the manufacturer’s list retail price or The heading of the price schedule in Franklin County located in the the invoice cost of such fixture or materials Amendment No. 3 is amended by striking Paris Basin): - plus a markup not in excess of 331/3 % on cost, the words “ Vz Ton Per Ton” wherever 1. Underground mines machine cut, whichever is less. the words appear and substituting in mine index Nos. 76 and 110 only: (c ) Maximum prices of sub-contracted lieu thereof the words “Per Ton” . (a) Lump, furnace, grate and tDork. The maximum amount which may be egg size group Nos. 4, 6, 7 and 8__$14.35 charged for any necessary sub-contracted In Amendment No. 3, paragraph (c), 2. Underground mines machine cut, work such as sheet metal work, pipe cover­ Price Schedule, subsection III is amended mine index Nos. 77 and 117 only: ing, plastering, painting and electrical work, to read as follows: (a) Lump, furnace, grate, and incidental to the installation or repair of egg, size group Nos. 4, 6, 7 and 8__14. 95 plumbing shall not exceed the actual cost 50 tons 3. Underground mines machine cut, of such sub-contracted work plus a markup 2 tons or mine index Nos. 52, 53 and 132 not in excess of 20% on cost. or 1 ton, more only: (a) Lump, grate, furnace, mpre^ per Per 14 ton to one and egg, size group Nos. 4, 6, 7 This order may be revised, amended, per ton bin, ton per •and 8 ______14. 70 revoked or modified at any time by the ton 4. Underground mine machine cut, Office of Price Administration. mine index Nos. 55 and 116 only: II I. Hi-volatile bituminous (a) Lump, grate, furnace, and This order shall become effective April egg, size group Nos. 4, 6, 7 and 8__ 14.80 8, 1946. coals from district No. 9 A.No.l4and stray seams: In Appendix No. 23 to Order No. G-16, Issued March 27, 1946. 1. Lump, size group paragraph (b), Price Schedule, subsec­ No. 1 ..______$8.66 $8.91 $4.83 $8. 41 A l e x a n d e r H a r r is , 2. Egg, size group No. tion V is amended to read as follows: Regional Administrator. 3______8.46 8.71 4.73 8.21 3. Stove, 2" x 1 ^'', size Dom estic delivered [F. R. Doc. 46-6408; Filed, Apr. 16, . 1946; 7.81 8.06 4.43 7.56 4. Washed screenings, per ton 4:30 p. m.] size group Nos. 23 V. High volatile bituminous coal from 7.56 7.81 4.28 7.31 District No. 15 (Missouri, Kansas, and Texas): [Region VI Order G-16 Under RMPR 122, In Amendment No. 3, paragraph (c), A. Production group No. 1 (all mines Arndt. 113] Price Schedule, subsection VI is amended in Cherokee, Crawford, Bourbon, Neosho, Labette and Wilson to read as follows: S o l id F u e l s i n S i o u x F a l l s , S . D a k . « Counties, Kans., and Barton, (a) An opinion „ accompanying this Jasper, Dade,- Cedar and that part of Vernon County lying amendment has been issued simultane­ 50 tons 2 tons or south of an east and west line ously herewith. .Appendix No. I-to Order or 1 ton more Per \4 drawn through the town of N e-» No. G-16 under Revised Maximum Price more per to one vada, Mo.) (strip m ines): per ton ton bin Regulation No. 122 is amended in the ton per 1. Lump and egg, size group Nos. following respects: ton 1, 2 and 3 (all lump coal with a Paragraph (b), Price Schedule, subsec­ bottom size 3” and smaller, all double screened coals with a top tion V, B is amended to read as follows: VI.Hi-volatlie bituminous coals from district No. 16 size larger than 3” and a bottom size larger than l 1/* " ) ______$9. 23 Domestic 1. Fancy or standard B. Production group No. 2, all mines delivered nut, production group 1n Lin n County, Kans., and No. 3, strip mines____ $7.18 $7.43 $4.12 $6.93 2. Stoker, production Bates, Henry, St. Clair, Miller, 1 ton \4 ton group No. 3, top size Morgan, Pettis and Johnson 1)4” and smaller, bot­ Counties; and that portion of tom size H” and small­ B. Production group JVo. SA (includes all er, strip mines______6.68 6.93 3.87 6.43 Vernon County lying north of —. mines in the “Paris Field” of Logan 3. Stoker, production an east and west line drawn County, Ark., and mines in Franklin group No. 10, \\i" x County located in Paris Basin) through the town of in 8.83 9.08 4*92 8.58 Missouri (strip m ines): 1. Underground mines, machine cut: 1. Lump and egg, size group Nos. a. Size group Nos. 4, 6, 7, and 8: 1, 2 and 3 (all lump coal with a (i) Mine index Nos. 76 and 110___ $15. 50 $8.00 This Amendment No. 4 to Revised Or­ bottom size 3” and smaller; all (ii) Mine index Nos. 62, 53, and 132. 15.75 8.13 (iii) Mine index Nos. 55 and 116____ 15.95 8.23 der No. G-10 shall become effective double screened coals with a top (iv) Mine index Nos. 40, 77 and 117.. 16.20 8.35 March 25, 1946. size larger than 3 " and a bottom b. Size group No. 5: size larger than 1 % ,'')______8.33 (i) Mine index Nos. 76 and 110______15.35 7.93 Issued this 29th day of March 1946. (ii) Mine index Nos. 52, 53, and 132.. 15.60 8.05 2. Standard nut size group No. 6 (iii) Mine index Nos. 55 and 116...... 15.80 (all double screened coals with 8.15 R. E. W a l t e r s , (iv) Mine index Nos. 50,77, and 117__ 16.05 8.28 a top size larger than 2" but not Regional Administrator. exceeding 3"; bottom size 1% " This Amendment No. 113 to Order No, [F . R . Doc. 46-6409; F iled , A pr. 16, 1946; and smaller)______8.13 ' 4:31 p. m.] C. Production group No. 3, all mines G-16 under Revised Maximum Price located in Boone, Callaway, Regulation No. 122 shall become effective Audrain, Randolph, Clark, Ma­ March 25, 1946. ' < con, Moniteau, Linn, Grundy, Harrison, Adair, C hariton , [Region VI Order G-16 Under RMPR 122, Issued .this 29th day of Miarch 1946. Schuyler, Putnam, Cole, How­ A m d t. 112] R . E . W a l t e r s , ard, Monroe, Warren, Lincoln, Regional Administrator. S o l id F u e l s i n C o u n c il B l u f f s , I o w a , Sullivan, and Ralls Counties in Missouri (strip m ines): A r e a [F. R. Doc. 46-6411; F iled , A pr. 16, 1946; 1. Lump and egg, size group Nos. 1, 4:32 p. m.] An opinion accompanying this amend­ 2 and 3 (all lump coal with a ment has been issued simultaneously bottom, sizfe 3” and smaller; all herewith. Appendix No. 23 to Order No. double screened coals with a top size larger than 3" and a bot­ [Region y i Rev. Order G-10 Under RM PR 122, G-16 under Revised Maximum Price tom size larger than 1 & " ) ______8.33 A m d t. 4] Regulation No. 122 is amended in the 2. Standard nut, size group No. 6 following respects: S o lid F u e l s i n D e s M o in e s , I o w a , A r e a (all double screened coals with Paragraph (b), Price Schedule, sub­ a top size larger than 2" but An opinion accompanying this amend­ section IV, B, is amended to read as not exceeding 3", bottom size ment has been issued simultaneously follows: 1^4” and sm a ller)______7.88 4378 FEDERAL REGISTER, Friday, A pril 19, 1946

.» Domestic Paragraph (b), Price Schedule, sub­ [Region VI Order G-31 Under RMPR 122] delivered section m , A is amended to read as P ennsylvania A n t h r a c it e I n C h ic a g o per ton follows: V. High volatile bituminous coal from R e g io n District No. 15— Continued. C. Production group No. 3— Con. Dprmestic Pursuant to the authority vested in 3. Chestnut, size group No. 8 deliveed to the Regional Administrator of Region VI consumers (double screened coals with a by § 1340.260 of Revised Maximum Price top size 1^4" and smaller, bot­ Regulation No. 122, as amended, and tom size larger than % " ) ______$7. 78 Per Per for the reasons stated in an opinion is­ 4. Special stoker, size group No. 11 ton J4 ton sued herewith, it is ordered: (a ll doubife screened coals w ith a (a) What this order does. This order top size 1 % " and smaller, bot­ A . Production group No. SA (includes all adjusts the maximum prices for the sale tom size larger than *4" but not mines in the “ Paris Fidd” of Logan exceeding % "), ______7.88 County Ark., and mines in Franklin of Pennsylvania Anthracite of all deal­ County located in the Paris Basin) un­ ers whose coal is obtained from all rail D. Production group No. 9, all mines derground machine cut mines located in Coal County, Okla. and dock facilities and whose maximum (strip m ines): 1. Site £roup Nos. 4, 6, 7, and 8: prices for the sale of such solid fuels 1. Lump and egg, size group Nos. a. Mine index Nos. 76 and 110______$16.50- $8.75 b. Mine index Nos. 52, 53, and 132___ - 16.75 8.88 are now established under area pricing 1, 2 and 3 (all lump coal with a . c. Mine index Nos. 65 and 116-..______16.95 8 98 orders of Region V I of the Office of Price bottom size 3” and smaller; all d. Mine index Nos. 40, 77, and 117____ 17.20 9.10 Administration. double screened coals with a top 2. Size group No. 5: size larger than 3 " and a bottom a. Mine index Nos. 76 and 110...... 16.35 8.68 (b) Geographical applicability. This b. Mine index Nos. 52, 53, and 132____ 16.60 8.80 order applies to all sales where the buyer size larger than 1 % ") ______11. 83 c. Mine index Nos. 65 and 116______16.80 8.90 E. Production group No. 10, all d. Mine indes-Nos. 40, 77, and 117..... 17.05 9.03 receives physical delivery within the mines located in McIntosh and areas covered by each area pricing order in Okmulgee Counties, Okla., in Region VI, which includes the states In Appendix No. 2 to Order No. G-16, deep shaft mines: of Illinois, Iowa, , , 1. Lump and egg, size group Nos. paragraph (b), Price Schedule, subsec­ 1, 2 and 3 (all lump coal with a tion IV is amended to read as follows: North Dakota, South Dakota, Wisconsin, bottom size 3" and smaller, all and Lake County, . double screened coals with a top (c) Price adjustments. (1) On Penn­ size larger than 3” and a bottom Domestic sylvania anthracite obtained from mines size larger than 1 % " ) ______11. 50 delivered to consumers 2. Special stoker, size group No. 11 by all rail or; dock facilities, the sale of (all double screened coals with a which is covered by maximum prices top size 1 and smaller, bot­ Per "Per established by Region VI Orders G -l to ton H ton tom size larger than but not G-16 under Revised Maximum Price Reg­ exceeding %”) ______9.00 F. Production group No. 11 (all IV . High volatile bituminous • coal from ulation No. 122 inclusive, and appendices mines located in Tulsa, Wago­ distrid No. 15 (.Kansas, Missouri, and thereto, and any other Region VI area ner, Roger, Craig and Nowata part of Oklahoma) pricing orders issued under that regula­ Counties, Okla,, and that part of A. Production group No. 1 (all mines tion, such maximum prices for Pennsyl­ Muskogee Cohnty, Okla., north located in Cherokee, Crawford, Bour­ of a line drawn straight east and bon, Neosho, Labette and Wilson vania anthracite received by a dealer west across Muskogee County, Counties, Kans.; and Barton, Jasper, which has been identified by his supplier Dade, Cedar, and that portion of along the southern limits of the Vernon County lying south of an east prior to its resale as anthracite with an town of Perum, Okla.) strip and west line drawn through the ash content in excess of OPA quality m ines: town of Nevada, Missouri) (strip mines): standards shall be the maximum prices 1. Lump and egg size group Nos. 1. Furnace or egg—Size group 3 (double 1, 2 and®3 (a ll lu m p coal with a screened coals with a top size not established by such various area orders bottom size 3” and smaller; all larger than 10" but larger than 3" and less the following amounts: double screened coals with a top at a bottom size larger than 1)4")___ $10.38 $5.71 — P e r to n 2. Special stoker—Size group 11 (double Egg, stove, and nut______$1.00 size larger than 3" and a bottom screened coals with a top size 1)4" size larger than 1 % ” ) ______9.63 and smaller and a, botton size larger P e a ______' ____ . 80 2. Standard nut, size group No. 6 than ) i " but not larger than %" ____ 9.38 5. 21 Buckwheat No. 1______- . 60 (all double screened coals with a B. Production group No. 3 . (all mines located in Boone, Callaway, Audrain, Rice (buckwheat No. 2 ) ______.50 top size larger than 2” but not Randolph, Clark, Macon, Moniteau, exceeding 3", bottom size 1 % " Linn, Grundy, Harrison, Adair, Such anthracite shall be kept separate and sm a lle r)______9.18 Chariton, Schuyler, Putnam, Cole, in storage and delivery from all other 3. Special stoker, size group No. Howard, Monroe, Warren, Lincoln, Sullivan and Rails Counties in Mis­ anthracite. 11 (all double screened coals souri) (strip mines): * with a top size 1 % " and smaller, 1. Fancy nut—Size group. 5 (double (2) All dealers covered by this order bottom size larger than but screened coals with a top size not selling Pennsylvania Anthracite which not exceeding % ") ------.------— 8.28 larger than 3" but larger than 2" and has been identified by his supplier prior a bottom size larger than 1)4")...... 9.08 5.06 2. Standard nut—Size group 6 (double to its resale as anthracite with an ash This Amendment No. 112 to Order G-16 screened coals with a top size not under Revised Maximum Price Regula­ larger than 3" but larger than 2" and Content in excess of OPA quality stand­ tion No. 122 shall become effective March . a bottom size 1)4" and smaller)_____ 8.88 4.96 ards, must place the following legend on 3. Special stoker—Size group l i (for 25, 1946. dimensions see IV-A-2 above)___ ... 8.53 4.76 the invoice, sales-slip, or receipt: 4. Washed screenings—Size group 13 Price reduced because of high ash content. Issued this 29th day of March 1946. (including 1)4" x 0 and smaller)...... 7.73 4.36 C. Production Group No. 10 (all mines R. E. W alters, located in McIntosh and in Okmul­ (d) This Order No. G-31 shall remain Regional Administrator. gee Counties,. Okla.): in effect in each area covered by a Re­ 1. Special stoker—Size group 11 (for [F. R. Doc. 46-6410; Filed, Apr. 16, 1946; dimensions see IV-A-2 above) deep gion VI area pricing order until such 4:31 p. m .] 10.75 5.88 area order is amended to reflect the price adjustment provided herein and to su­ This Amendment No. 114 to Order No. persede this Order No. G-31. [Region VI Order G-16 Under RMPR 122, (e) Effect o f order on Revised Maxi­ Arndt/ 114] G-16 under Maximum Price Regulation No. 122 shall become effective March 25, mum, Price Regulation No. 122. Insofar S o l id F u e l s i n S i o u x C i t y , I o w a , A r e a 1946. as any provisions of this order may be An opinion accompanying this amend­ Issued this 29th day of March 1946. inconsistent with any provision of- Re­ ment has been issued simultaneously vised Maximum Price Regulation Nbr 122, herewith. Appendix No. 2 to Order No. R. E. W a l t e r s , as amended, the provisions contained in G-16 under Revised Maximum Price Reg­ Regional Administrator. this order shall be controlling. Except as ulation No. 122 is amended in the follow­ [F. R. Doc. 46-6412; Filed, Apr. .16, 1946; herein otherwise provided, the provisions ing respects: 4:32 p. m.] of Revised Maximum Price Regulation FEDERAL REGISTER, Friday, A pril 19, 1946 4379

No. 122, as amended, shall remain in full Commer­ force and effect. Domestic Domestic Domestic cial de­ delivered delivered at yard per livered (f) This order may be revoked, per ton per K ton ton per ton amended, or modified at any time. B. Production group Nos. 3A (includes all mines in the “ Paris This order shall become effective im­ Field” of Logan County, Ark., and mines in Franklin County mediately. located in Paris Basin) underground mines machine cut« 1. Size group Nos. 4, 6, 7 and 8: Issued this 4th day of April 1946. $15.40 $8.20 $14.30 15.65 8.33 14.35 R .’ E . W a l t e r s , 15.85 8.43 14. 75 16.10 8.55 15.00 Regional Administrator. 2. Size group No. 5: 15.25 S. 13 14.15 [P. R. Doc. 46-6415; Filed, Apr. 16, 1946; 15.50 8.25 14.40 4:33 p. m.J 15.70 8.35 14.60 15.95 8.48 14.85 3. Size group No. 17: a. Mine index Nos. 40, 52, 53, 76, 110, 116, and 132 only___ 10.40 5.70 9.30 9.90 b. Mine index No. 77 only...... 10.50 5.75 9.40 10.00 5.83 9.55 10.15 [Des Moines Order G - l Under Gen. Order 68, c. Mine index No. 117 only...... 10.65 d. Mine index No. 55 only...... 10.85 • 5.93 9.75 10.35 Am dt. 1] In Appendix No. 9, paragraph, (b), Price Schedule, sub-section V is amended to B u il d in g a n d C onstruction M a t e r ia l s i n read as follows: D e s M o in e s , I o w a , A rea Commer­ Domestic For the reasons set forth in an opinion Domestic Domestic, cial de­ delivered delivered at yard per livered ton issued simultaneously herewith and pur­ per ton per K ton per ton suant to the provisions of General Order No. 68, Order G -l under General Order V. High volatile bituminous coal from district No. 15 (Kansas, Missouri, and part of Oklahoma): No. 68 issued by the Des Moines, Iowa A. Production group No. 1 (all mines located in Cherokee, District Office of the Office of Price Ad­ Qrawford, Bourbon, Neosho, Labette and Wilson Counties, ministration is hereby amended in the Kans.; and Barton, Jasper, Dade Cedar and that portion of Vernon County lying south of an east and west line drawn following respects : through the town of Nevada, Mo.) (strip mines): 1. Lump—size groups Nos. i and 2; all lump coal with a 1. Appendix A, which is a part of the bottojp size 3'Aand smaller, and all double screened coal above named order, is amended by chang­ with a top size larger than 10"...... $9.68 $5.36 $8.58 2. Fancy nut—Size group No. 5 (double screened coals ing the maximum unit prices and unit with a top size not larger than 3" but larger than 2" and description for the items set out below a bottom size larger than I K " ) ...... 9.63 5.31 7 8.53 ' 3. Standard nut—Size group No. 6 (washed); double- to read as follows: screened coals with a top size not larger than 3" but larger than 2" and a bottom size I K " and sm aller...... 9.28 5.21 8.18 4. No. 2 nut (washed)—Size group No. 7; double screened Maximum coal with a top size not larger than 2" but larger than unit prices 1K " - ...... •...... 9.13 5.06 8.03 7.63 5. Stoker—Size group No. 11; double screened coals with Commodity Unit a top size I K " and smaller and a bottom size-larger Deliv­ than K " but not larger than %" ___ •...... 8.63 4.81 7.53 7.13 F.o.b. ered 6. Washed screenings—Size group No. 13; washed coal passing through a screen with openings riot over I K " . from which no coal has been removed...... 7.73 4.36 6.63 6.43 Portland cement, 94-lb. bag...... $0.69 $0.74 7. Raw screenings—Size group No. 14; raw coal passing standard paper ba«. through a screen with openings not over l K " from Portland cement, 94-lb. bag (inch • .74 .79 which no coal has been removed (commercial only)...... 6.13 standard cloth bag. bag). B. Production group No. 2 (all mines located in Linn County, Mason’s cement (pa­ Cubic foot...... 65 - .70 Kans.; and Bates, Henry, St. Clair, Miller, Morgan, Pettis per sack). and Johnson Counties; and that portion of Vernon County lying north of an east and west line drawn through the town of Nevada, Mo.) (strip mines): 1. Furnace or egg—Size group No. 3 (double screened 2, The item now appearing in Appen­ coals with a, top size not larger than 10" but larger than 3" and a bottom size larger than I K " ) . . ___ 9.03 5.01 7.93 dix A to the above named order as “Std. 2. No. 2 nut—Size group No. 7 (double screened coal with Density Synthetic Fibre Board— tk Tem­ a top size not larger than 2" but larger than I K ') ...... 8.53 4.76 7.43 C. Production group No. 3 (all mines located in Boone, Cal­ pered (Std. size) ” is amended to read as laway, Audrain, Randolph* Clark, Macon, Moniteau, Linn, follows : Grundy, Harrison, Adair, Chariton, Schuyler, Putnam, Cole, Howard, Monroe, Warren, Lincoln, Sullivan, and Std. density synthetic fibre board— Ralls Counties in Mo.) (strip Urines): 1 4 x 8 ) 1. Furnace or egg—Size group No. 3 (for dimensions see 100 sq. ft ______^______'______8.10 8.10 V B 1 above)— --...... 8.93 4.96 7.83 2. Standard nut—Size group No. 6 (for dimensions see V A 3 above)...... 8.38 4.71 7.28 3. This amendment shall become effec­ 3. No. 2 nut—Size group No. 7 (for dimensions see V B tive on April 9,1946. 2 above)...... : ___ 8.33 4.66 7.23 - 7.33 4. Stoker—Size group No. 11 (for dimensions see V A 5 Issued this 9th day of April 1946. above)...... j 8.23 4.61 7.13 6.58 6. Washed screenings—Size group No. 13 (for dimensions 7.73 4.36 6.63 6.08 W a l t e r K l i n e , see V. A. 6 above)...... D. D. Production group No. 9 (all mines located in Coal County, District Director. Okla.) (strip mines): 1. Lump and egg—Size group Nos. 1, 2 and 3 (all single [F. R. Doc. 46-6416; Filed, Apr. 16, 1946; screened lump coal with a bottom size 3" and smaller 4:33 p. m.] and all double screened coals with a top size larger than 3" but not exceeding 10", bottom size larger than IK ")-. 12.83 6.91 11. 73 2. Chestnut—Size group No. 8 (all double screened coals with a topsize I K " and smaller, bottom size larger than 9.43 5.21 • 8.33 8.33 E. Production group No. 10 (all mines located in McIntosh [Region VI Order G-16 Under RMPR 122, and in Okmulgee Counties, Okla.): 1. Lump—Size group Nos. 1 and 2 (for dimensions see Am dt. 115] V. A. 1 above) for deep shaft mines only------12.25 6.63 11.15 2. Stoker—Size group No. 11 (for dimensions see V. A. 5 S o lid F u e l s i n O m a h a , N e b r ., A rea above) from deep shaft mines o n ly ...______•9.95 5.48 8.85 F. Production group No. 11 (all mines located in Tulsa, An opinion accompanying this amend­ Wagoner, Roger, Craig and Nowata Counties, Okla., and all of that part of Muskogee County, Okla., north of a ment has been issued simultaneously line drawn straight east and west across Muskogee County herewith. Appendix No. 9 to Order No. along the southern limits of the town of Porum, Okla.) (strip rirines) (all mines except mine ind6x No. 1595): G-16 under Revised Maximum Price 1. Lump—Size group 1 and 2; furnace or egg—Size group Regulation No. 122 is amended in the * . No. 3 (all lump coal; also all double screened coals with following respects: a top size not larger than 10" but larger than 3" and a bottom size larger than I K " ) ...... —...... 10.63 5.81 9.53 Paragraph (b ), Price Schedule, sub­ 2. Standard nut—Size group No. 6 (for dimensions see section IV, B, is amended to read as V. A. 3 above)...... -...... 10.33 5.66 9.23 8.98 follows: 3. Special stoker—Size group No. 11 (for dimensions see V. A. 5 above)______9.28 5.16 8.18 8.18 No. 77------8 4380 FEDERAL REGISTER, Friday, A pril 19, 1946

This Amendment No. 115 to Order No. In appendix No. 15, paragraph (b), S Delivered G-16 under Revised Maximum Price Price Schedule, subsection m is amended per ton III. High volatile bituminous coal Delivered Regulation No. 122 shall become effective to read as follows: from district No. 15— Continued. March 25, 1946. per ton D. Production group No. 10—-Con. HI. High^volatile bituminous coal Issued this 29th day of March 1946. 2. Special stoker— size group No. from district No. 15 (Kansas, Mis­ 11 (double screened coals with R. E. W a l t e r s , souri, and part of Oklahoma): . a,, top size 1 1 4 ” and smaller, Regional Administrator. A. Production group No. 1 (all mines bottom size larger than 1/4” but located in Cherokee, Crawford, not exceeding % ” ) from deep [F. R. Doc. 46-6413; Filed, Apr. 16, 1946; Bourbon, Neosho, Labette and 4:32 p. m .] shaft mines only______$9. 60 Wilson Counties, Kans.; and E. Production group No. 11 (all mines Barton, Jasper, Dade, Cedar, located in Tulsa, Wagoner, Roger, and that portion of Vernon Craig and Nowata Counties, Okla., [Region VI Order G-16 Under RMPR 122, County lying south of an east Arndt. 116] and all that part of Muskogee and west line drawn through County, Okla., north of a line S o l id F u e l s i n L i n c o l n , N e b r ., A rea the town of "Nevada, Mo.) (strip drawn straight east and west m in e s ): across.. Muskogee County, along An opinion accompanying this amend­ 1. Washed egg— size group No. 3 ment has been issüed simultaneously the southern limits of the town (all wished double screened of Perum, Okla.) (strip mines): herewith. Order No. G-16 under Revised coals with a top size larger 1. Lump— size group Nos. 1 and 2 Maximum Price Regulation No. 122 is than 3” but not exceeding 10", . (all single 'screened lump coal amended in the following respects:' bottom size !%"• and smaller,- with a bottom size 3” and In Appendix No. 15 to Order No. G-16, including 3" x l 1^" ) ______$9.58 smaller; all double screened coals paragraph (b), Price Schedule, sub-sec­ 2. Standard nut— size group No. 6 w ith a top size larger than 10” ) _ 10.68 (double screened coals with top tion n, B is amended to read as follows: 2. Standard nut— size group No. 6 size larger than 2" but not ex­ (double screened coals with a top Delivered ceeding 3"; bottom size 1%” * size larger than 2” but not ex- per ton and smaller, including 3” x • ceeding 3” , bottom size 1 % ” and B. Production group Nos. 2, 2A and 11,4” ) ______9.23and sm a lle r)______.______v_------10.03 2B (includes all mines in tfie Den- 3. No. 2 nut— size group No. 7 3. Special stoker— size group No. 11 ning-Coal Hill and Altus fields of (double screened coals with a (double screened coals with a top Franklin and Johnson Counties, top size larger than 1 % " bu t size 1 1 4 " and smaller, bottom and all mines in the Philpott • not exceeding 2” ) washed coal size larger than 1” but not ex­ field of Johnson and Franklin only 1______— — 8. 68 ceeding %” ) ------r ------9-18 Counties, Ark.): 4. Stoker— size group No. 11 (dou­ 1. Production group No. 2 (strip ble screened coals with a top This Amendment No. 116 to Order No. mines) mine Index Nos. 537 size 1 1 4 ” and smaller, bottom G-16 shall become effective March 25, and 585: size larger than 14 ” but not 1946. a. Lump size group No. 3A------$13. 55 exceeding % ” ) ------8.23 b. Lump size group No. 3______13.40 B. Production group No. 2 (all Issued this 29th day of March 1946. mines in Linn County, Kans.; c. Grate furnace— egg size group R. E. W alters, Nos. 6, 7 and 8______13.55 and Bates, Henry, St. Clair, Regional Administrator. 2. Production group No. 2B (under- Miller, Morgan, Pettis and ground mines solid shot) mine Johnson Counties; arid that [F. R. Doc. 46-6414; Filed, Apr. 16, 1946; index Nos. 45, 168, 179, 401, 476, portion of Vernon County lying 4:32 p. m .] 487, 586 and 628 only : north of an east and west line a. L u m p— furnace— grata, egg— drawn through the town of Ne­ size group Nos. 3A, 6, 7 and 8_ 14.10 vada in Missouri) (strip FEDERAL TRADE COMMISSION. b. Lump— size group No. 3___ _ 13.95 m in e s ): [Docket No. 4962] 8 Production group No. 2A (un­ 1. Furnace or egg— size group No. 3 (double screened coals with a derground mines machine cut) Dr. F. A. N e w c o m b v m ine index Nos. 104, 148, 211, top size larger thafi 3” but not and 562 only: exceeding 10” , bottom size ORDER APPOINTING TRIAL EXAMINER AND FIX­ a. L u m p— furnace— grate egg— larger than 1%” )—— ------.8.83 ING TIME AND PLACE FOR TAKING TESTI­ C. Production group No. 3 (all size group Nos. 4, 6, 7 and 8__ 14. 45 MONY b. Lump— size group No. 5__— >. 14. 30 mines located in Boone, Calla­ Mine index No. 559 only: way, Audrain, Randolph, Clark, At a regular session of the Federal a. L u m p— furnace— grate egg— Macon, Moniteau, Linn, Trade Commission, held at its office in size group Nos. 4, 6, 7 and 8— 15.70 Grundy, Harrison, Adair, Chari­ the City of Washington, D. C., on the b. Lump— size group No. 5------15.55 ton, Schuyler, Putnam, Cole, 16th day of April, A. D., 1946. Howard, Monroe, Warren, Lin­ In Appendix No. 15, Paragraph (b), coln, Sullivan and Ralls Coun­ In the matter of Fay A. Newcomb, an Price Schedule, sub-section II, C is ties in Missouri) (strip m ines): individual trading and doing business as amended to read as follows: , 1. Furnace or egg— size group No. Dr. F. A. Newcomb. Delivered 3 (double screened coals with a This matter being at issue and ready . per ton top size larger than 3” but not for the taking of testimony, and pursu­ C. Production group No. 3A (includes - exceeding 10” , bottom size ant to authority vested in the Federal all mines in the “Paris Field” of larger than 1 % " ) ______- _____ 8.88 Trade Commission, 2. Fancy nut— size group No. 5 Logan County, Ark., and mines in It is ordered, That W. W. Sheppard, a (double screened coals with a Franklin County located in Paris trial examiner of this Commission, be Basin : top size larger than 2” but not and he hereby is designated and a p ­ 1. Production group No. 3A (under­ exceeding 3” , bottom size larger ground mines machine cut) : ' than 1 *4” ) ______— 8.38 pointed to take testimony and receive a. Lump— grate furnace and egg 3. Special stoker— size group No.' evidence in this proceeding and to p er­ size group Nos. 4, 6, 7 and 8 : 11 (double screened coals with form all. other duties authorized by law; (i) Mine index Nos. 76 and 110 a top size l % f ' and smaller, It is further ordered, That the taking, only ______Z------$15.15 bottom size larger than ^4” but of testimony in this -proceeding begin not exceeding %•” ) ------7.83 (ii) Mine index Nos. 52, 53, and on Friday, April 26, 1946, at ten o ’clock 132 only___ I ______15.40 4. Washed screenings— size group No. -la (all washed screenings in the forenoon of that day (cen tral (iii) Mine index Nos. 55 and ll6 standard tim e), in County Court Room, only ______15. 60 top size not exceeding 1%” (iv) Mine index Nos. 40, 77 and x 0 ) ______'______7.43 Second Floor, Jackson County C ourt 117 .only______15.85 D. Production group No. 10 (all House, Kansas City, Missouri. b. Lump— size group’No. 5: mines located in McIntosh and Upon completion of testimony for the (i) Mine index Nos. 76 and 110 in Okmulgee Counties, Okla.): Federal Trade Commission, the trial ex­ o n ly ______15.00 1. Lump— size group Nos. 1 and 2 aminer is directed to proceed immedir (ii) Mine index Nos. -52, 53 and (all single screened lump coal ately to take testimony and. evidence op 132 only__------15. 25 with a bottom size 3” and smaller; all double screened behalf of the respondent. The trial ex­ (iii) Mine index Nos. 55 and 116 aminer will then close the case and make . o n ly ______s______15. 45 coals with a top size larger than (iv) Mine index Nos. 40, 77 and 10” ) from deep shaft mines his report upon the facts; conclusions of 117 only______- 15:70, only______12.30 fact; conclusions of law; and recommen- FEDERAL REGISTER, Friday, A pril 19, 1946 4381 dation for appropriate action by the Applicant owns and operates a natural It is also proposed to render addi­ Commission. gas transmission system commencing tional service by selling natural gas to with a main compressor station at Perry- Missouri Natural Gas Company, a utility ^By the Commission. ville, , in the Monroe Field in distributing company in southeastern [ seal] O tis B. Jo h n so n , northern Louisiana, and continuing with Missouri, which is one of Applicant’s Secretary. a main trunk transmission line through existing customers and which proposes [P. R. Doc. 46-6543; Filed, Apr. 18, 1946; the States of Louisiana, and to distribute natural gas for all pur­ 11:11 a. m .] Missouri into the State of Illinois. It poses in the following communities: purchases natural gas in the Monroe gas Population field and transports and sells same to utility distributing companies for resale St. Genevieve, M o______3,000 [Docket No. 5104] St. Marys, Mo______I— ------650 for domestic, commercial and industrial Perryville, Mo______4,000 M ary M uffet, I nc . purposes, and also sells gas directly to industrial consumers for consumption. ORDER APPOINTING TRIAL EXAMINER AND FIX­ Estimated customers are 1200, and the Its principal sales take place in the ING TIME AND PLACE FOR TAKING TESTI­ estimated annual consumption of nat­ States of Illinois and Missouri in the ural gas will be 80 million cubic feet. MONY vicinity of Alton, East St. Louis and St. Applicant proposes to conhect addi­ At a regular session of the Federal Louis. tional main line customers in Missouri Trade Commission, held at its office in the Applicant proposes to construct and located in the vicinity of St. Genevieve, City of Washington, D. C., on the 17th operate certain additional facilities to these being Mississippi Lime Company, day of April A. D., 1946. its existing natural gas transmission sys­ St. Genevieve Lime Company and Peer­ This matter being at'issue and ready tem, by which it proposes to increase the less White Lime Company. These pros­ for the taking of testimony, and pursuant deliverable capacity of its pipe line sys­ pective customers will use natural gas to authority vested in the Federal Trade tem by approximately 50 million cubic for industrial use in the operations of Commission, feet per day to an estimated 183 million their lime plants and will purchase gas It is ordered, That W. W. Sheppard, a cubic feet per day. This is to be done on both a firm and interruptible basis. trial examiner of this Commission, be by constructing a series of loop lines and The Missouri Natural Gas Company is and he hereby is designated and ap­ adding additional horsepower at all of the only gas company in southeastern pointed to take testimony and receive Applicant’s compressor stations except Missouri and purchases all of it’s natural evidence in this proceeding and to per­ the Perryville Station. The looping will gas from Applicant. Other gas compa­ form all other duties authorized by law; consist of 264.5 mile^ of 22-inch line, 13 nies in the territory served by Applicant ' It is further ordered, That the taking miles of 12-inch line and 1 mile of 6- are Laclede Gas Light Company and St. of testimony in this proceeding begin on inch and 10-inch manifold river-cross­ Louis County Gas Company, both of Monday, April 29, 1946, at ten o’clock ing lines. The loop lines'will consist of which purchase natural gas from Appli­ in the forenoon of that day (central a series of partial loops in each section cant and serve a mixed gas in the city of standard tim e), in Room 516, U. S. Court of the line up to Twelve Mile Station, and St. Louis and St. Louis County; and Illi­ House and Custom House, St. Louis, Mis­ about 18 miles north of that station a 22- nois Power Company and Union Electric souri. 0 inch loop line will extend in a northeast­ Company of Illinois which purchase from Upon completion of testimony for the erly direction and cross the Mississippi Applicant natural gas and distribute it in Federal Trade Commission, the trial ex­ River in the vicinity of St. Genevieve, I the communities of East St. Louis and its aminer is directed to proceed im­ Missouri, and then continue in a north­ environs, and Alton. All of said com­ mediately to take testimony and erly direction through the State of Illi­ panies supply the general public with receive evidence on behalf of the re­ nois to a point of connection with the mixed or natural gas service in the areas spondent. The trial examiner will then present Alton line of Applicant where in which Applicant is operating and pro­ close the case and make his report upon the same crosses the Mississippi River. poses to operate. There are no natural the facts; conclusions of fact; conclu­ The loop line will then continue along gas pipe line companies in this area. No sions of law; and recommendation for the Alton line for approximately 9 miles gas companies operate in that portion of appropriate action by the Commission. to a point near the city limits of East the State of Illinois from Applicant’s pro­ By the Commission. St. Louis, Illinois. posed crossing of the Mississippi River to In addition to the 264.5 miles of 22- the junction with its existing Alton line. [ seal ] O tis B. Johnson, inch loop line, 13 miles of 12-inch loop Applicant states that its natural gas Secretary. lines and 1 mile of 6-inch and 10-inch supplies are obtained from Hope Produc­ manifold river-crossing lines, Appli­ ing Company, Interstate Natural Gas [F.. R. Doc. 46-6544; Filed, Apr. 18, 1946; cant seeks authorization to install the 11:11 a .m .] Company, Inc., Southern Carbon Com­ following compressor units: pany, United Carbon Company and Number of units— United Gas Pipe Line Company. All horsepower com- of the suppliers, other than United Gas pressor units: Location FEDERAL POWER COMMISSION. Pipe Line Company, will be supplying 2— 600______Crosset Station. their contract requirements from the [Docket No. G-713] 2— 1,000______Glendale Station. Monroe Field under contracts heretofore 2— 600______Sherrill Station. M ississippi R iver F uel C orp. made and expiring in the year 1951. 1— 1,000______West Point Station. Applicant has recently, on September 7, 3— 600...... Nuckles Station. NOTICE OF APPLICATION 1— 1,000...... ' Biggers Station. 4945, entered into a new agreement with A pril 15,1946. 1— 1,000______Neelyville Station. United Gas Pipe Line Company under Twelve Mile Station. which its. quota of Applicant’s gas re­ Notice is hereby given that on April 5, 1— 1,000______quirements will come from the Carthage 1946, an application was filed with the ■Applicant stated that the service pro­ Field in Texas, and under which agree­ Federal Power Commission by Missis­ posed to be rendered by Applicant is ment Applicant can call upon United sippi River Fuel Corporation (Appli­ primarily that of meeting the increased Gas Pipe Line Company to meet Appli­ cant) , a corporation organized under the demands of Applicant’s existing cus­ cant’s full requirements, including any laws of the State of and hav­ tomers, both utility customers to which deficiency not served by its other pro­ ing its principal place of business at St. gas is sold for resale and industrial cus­ Louis, Missouri, and authorized to do tomers to which gas is sold for consump­ ducers, for a period of 20 years ending business in the States of Illinois, Mis­ tion. All of the utility customers have in 1966. souri, Arkansas and Louisiana, for a cer­ shown increased demands during the Applicant’s proposed total capacity tificate of public convenience and ne­ past winter which were much greater after the installation of the additional cessity pursuant to section 7 of the than had been anticipated, and in order facilities will be 195,000 Mcf at Perryville, Natural Gas Act, as amended, authoriz­ to meet these increased demands and and its total sales capacity will be 183,000 ing the construction. and operation of the increased demands of Applicant's in­ Mcf. The discharge of its compressor certain additional facilities to its exist­ dustrial customers Applicant states it stations will be 415 pounds to 425 pounds, ing natural gas transmission system, as is necessary for it to construct the pro­ and the suction pressure will vary from hereinafter described. posed facilities. 200 pounds to 306 pounds. 4382 FEDERAL REGISTER, Friday, April 19, 1946

Applicant further states that Appli­ Regulator and meter stations,___ (50,000 11945 sales reduced by $1,172,779. (Apparent reduc­ Relocation of Nuckles Station___ 25,000 tion under1 FPC order for this volume of sales at 1945 cant has been engaged in selling natural load factors.) gas in the territory through which it * 48 million feet per day at 85% load factor. Total______11,574,000 * 8,000 M C F per day increase in resale gas $0.194 operates and primarily in the St. Louis- 16.800 M C F per day increase in firm rndus- East .St. Louis-Alton area since 1930, Applicant proposes to finance such ad­ . trial gas...... <§> . 218*1 16,000 MC F per day increase in interruptible during which time Applicant’s sales of ditional facilities by a bank loan and by gas...... @ .16 natural gas have increased substantially, long-term borrowing from institutional and particularly during the past three lenders. Negotiations are currently un­ 40.800 - - .1905 • The 8,000 M C F per day increase in resale gas is calcu­ years the increased demands made by der way, but as yet no commitment has lated at a 30% load factor causing a peak day of 24,000 utility customers for service from Appli­ been made from any financial source for MCF. cant have continually increased. It was consummating said loan. However, Ap­ 4 23,872,887 feet of Carthage gas...... @ $0.064 1,706,097 feet of Crossett gas______.@ .04 not .expected that the demands made plicant believes that it will be able to fi­ 34,103,235 feet of Monroe gas...... @ .0791 upon Applicant’s system would exceed its nance the total construction costs in the 59,682,219 . 07194 capacity to make deliveries for some pe­ manner indicated. riod of time, but in December of 1945 un­ • This item is largely Louisiana Severance and Gather­ Applicant has submitted a pro forma ing Takes and will not increase unless the State of expected demands were made upon Ap­ statement showing estimates of total rev­ Louisiana increases the rate of such taxes. plicant’s capacity which resulted in the ‘ Other operating expenses: delivery on December 19, 1945 of 91,- enues expected from the proposed new Additional labor and maintenance...... __ $25,000 facilities, total fixed charges and total op­ Additional supplies and expenses.. . . . _____ 10,000 156,000 cubic feet of natural gas to its Additional fuel...... 44,039 utility customers. The highest previous erating expenses, as follows: Distribution expenses...... 3,000 peak day was 70,604,000 cubic feet. In Customers acct." and collecting...... ■ 2,000 P r o F o r m a I n c o m e S t a t e m e n t A f t e r I nstallation General expense—insurance, etc...... 2,500 order to supply these utility customers o f P r o p o s e d E x p a n s i o n P r o g r a m 87,139 and to meet the demands of domestic 7 Depreciation calculated at 3J^%—rate allowed by and commercial consumers it was neces­ •After F. P. C. sary for Applicant to cut off and inter­ Present Slew addition 1 Taxes at a 35% assessment and $2.25 rate. facilities facilities of new • Interest on new debt—$11,000,000 @ 2%%. rupt all of its firm, direct-sale gas custo­ facilities mers for a period of about 24 hours. Any interested State commission is re­ This resulted in a number of shutdowns Gas sales—m. c. f...... 44,790,219 >14,892,000 59,682,219 quested to notify the Federal Power of plant operations and the loss of time Gas piftchased—m. c. f. 48,193,885 15,512,500 63,706,385 Commission whether the application and service by hundreds of employees, Operating revenues: should be considered under the coopera­ but it was necessary to do this in order 18,293,515 *2,836,926 11,130,441 tive provisions of Part 67 of the Provi­ Other gas revenues.. 12,017 12,017 to protect the domestic consumers. sional rules of practice and regulations Applicant’s present industrial consum­ 8,305,532 2,836,926 11,142,458 under the Natural Gas Act, and if so, tò ers are planning increases in their plant Operating revenue de­ advisê the Federal Power Commission as capacities and have advised Applicant ductions: to the nature of its interest in the matter Gas purchased for that they will require additional quan­ 3,198,935 41,094,740 «4,293,675 and whether it desires a conference, the tities of natural gas. Applicant also has Purchased gas ex- creation of a board, or a joint or concur­ 108,574 (*) 108,574 had inquiries from present industrial Otber operating costs. 1.710,443 «87,139 ’ 1,797,582 rent hearing, together with the reasons concerns in the St. Louis-East St. Louis- 7 819,000 7 385,000 1,204,000 for suèh request. T axes—other than Any person desiring to be heard or to Alton area seeking additional gas, and Federal income___ 310,326 «86,625 396,951 from new concerns which are proposing make any protest with reference to said 6,-147,278 1,653,504 7,800,782 application of Mississippi River Fuel Cor­ to build plants in that area. N et operating revenues. 2,158,254 1,183,422 3,341,676 poration should, on or before the 30th Applicant estimates the total overall 26,411 26,411 day of April 1646, file with the Federal cost of the proposed additional facilities Gross income deduc­ will be $11,574,000. This does not include tions: Power Commission, Washington 25, D.' C., Interest on long term any cost of financing, which is not known, 165,373 • 302,500 467,873 a petition or protest in accordance with and is made up of estimates consisting 11,115 11,115 the Commission’s provisional rules of of the following: 176,488 302,500 478,988 practice and regulations under the Nat­ Net income before Fed­ ural Gas Act. Additional compressor units, 10,- eral income tax_____ 2,008,177 880,922 2,889,099 200 h p ______— $1,173,000 Federal income tax cal­ [ s e a l ] L e o n M. F u q u a y , 22” loop line, 264.5 m ile s.______9,792,000 culated at 1946 rate 763,107 334,750 1,097,867 Secretary. 12” loop line, 13.0 miles.______234,000 10” manifold crossing of Missis­ Net income____ 1,245,070 646,172 1,791,242 [F. R. Doc. 46-6540; Filed, Apr. 18, 1946; sippi River______800,000 10:08 a. m .]