A U T t ERA & SCRIPTA % FEDERAL REGISTER vft h ^v5 a4? VOLUME 7 \ 1934 NUMBER 135 * tflVITEO ^

Washington, Friday, July 10, 1942

The President Congress approved June 10, 1922, as CONTENTS amended by section 6 of the act of July 2, 1926 (44 Stat. 780, 782), and of sec­ THE PRESIDENT EXECUTIVE ORDER 9194 tion 18 of the Pay Readjustment Act of E xecutive Orders: Page 1942, approved June 16, 1942 (Public Aerial flights by personnel of the T ransferring D uties and F unctions Law 607, 77th Congress, 2nd Session), Army, Navy, Marine Corps, With R espect to Acquisition and relative to increased pay’for personnel Coast Guard and National Disposition of R eal E state F rom the of the Army, Navy, Marine Corps, Coast Guard, regulations______5257 Office of the J udge Advocate G en­ Guard, and National Guard when by or­ Navy Department, transfer of eral of the Navy to the Ch ief of the ders of competent authority they are re­ real estate functions from Bureau of Y ards and Docks quired to participate regularly and fre­ Judge Advocate General to • By virtue of the authority vested in quently in aerial flights, and when in Chief of Bureau of Yards me by Title I of the First War Powers consequence of such orders they do par­ and Docks____:______5257 Act, 1941, approved December 18, 1941 ticipate in regular and frequent flights, REGULATIONS (Public Law 354, 77th Congress), I do the following regulations are hereby pro­ mulgated and made applicable to all offi­ Agricultural Adjustment Agency: hereby direct and order, as follows: cers, warrant officers, nurses, and en­ Flue-cured tobacco, marketing 1. The duties and functions exercised listed men of all branches of the Army, quota regulations for 1942- by the Office of the Judge Advocate Gen­ Navy, Marine Corps, Coast Guard, and 43______5260 eral of the. Navy with respect to the National Guard. Coast G uard: acquisition and disposition for the Navy Anchorage and movement of Department of real estate, including all 1. Definitions as used in these regula­ v e s s e ls , miscellaneous interests therein and temporary uses tions— amendments»!______5280 thereof, and of all property acquired (a) The term ‘‘qualified aircraft pi­ Lower Detroit River, Mich., reg­ under the provisions of Title II of the lot” shall be construed to include any ulations for control of ves­ Second War Powers Act, 1942, approved commissioned or warrant officer or en­ sels______5280 March 27, 1942 (Public Law 507, ,77th listed man of any branch of his respec­ E conomic W arfare Board: Congress), or any amendments thereof, tive service who on July 2, 1926, held Procedure to secure shipping are hereby transferred to the cognizance any aeronautical rating as pilot in the space to other American Re­ and jurisdiction of the Chief of the Bu­ Army Air Corps, or who has been or publics; shipping priority reau of Yards and Docks under the di­ may hereafter be given by competent ratings______5267 rection of the Secretary of the Navy, to­ authority in the respective services an I nterstate Commerce Commission: gether with such appropriated funds as aeronautical designation or rating as an Exemption of certain passenger are necessary to carry out the purposes aviator or pilot of service types of air­ transportation by motor ve­ and intent of this order. craft in the Army, Navy, Marjne Corps, hicle, amendment of effec­ 2. The Secretary of the Navy shall Coast Guard, or National Guard. tive date______5280 take all steps necessary and desirable to (b) The term “qualified aircraft ob­ Office of P rice Administration: carry out this order. server” shall be construed to include any Authority delegated to regional commissioned or warrant officer or en­ administrators to issue F ranklin D R oosevelt . listed man who has been or may here­ subpoenas______5273 T he W hite H ouse, after be given by competent authority in Fur garments, women’s; maxi­ July 7, 1942. the respective services any aeronautical mum price regulation 178_ 5277 [F. R. Doc. 42-6503; Filed, July 8, 1942; designation or rating as an observer in Ice, amendment of maximum 12:06 p. m.] the Army, Navy, Marine Corps, Coast price regulation 154______5276 Guard, or National Guard. Iron and steel, correction of (c) The, term “student aviator” shall p r ic e schedule 100 as be construed to include any officer or amended______5276 EXECUTIVE ORDER 9195 warrant officer in the Navy, Marine Maximum price regulation, Corps, or Coast Guard who is duly ap­ general:. Regulations R elating to Aerial pointed and assigned to a course of in­ Applications for adjustment; F lights by P ersonnel of the Army, struction in piloting aircraft. amendment IOC______5276 Navy, Marine Corps, Coast G uard, and (d) The teyn “student aviation pilot” Hampden Novelty Mfg. Co., National G uard shall be construed to include any enlisted price of picture frame For the purpose of carrying into effect man in the Navy, Marine Corps, or Coast approved------5276 the provisions of section 20 of the act of Guard who is duly appointed and as- (Continued on next page) 5257 5258 FEDERAL REGISTER, Friday, July 10, 1942 CONTENTS—Continued the Navy, the Commandant of the Marine Corps for the Marine Corps, or by I nterstate Commerce Commis­ the Commandant of the Coast Guard for FEDEMÍlpEGISTER sio n: Page the Coast Guard, and such orders shall Multiple carload shipments in remain in force for the entire period of single cars, notice of con­ such commission, duty or assignment, ference______5286 except as hereinafter provided in para­ P ublic Contracts Division: graph 12. Published dally, except Sundays, Mondays, Knitting, knitwear, and woven 3. Each officer or warrant officer who and days following legal holidays'by the underwear industry, oppor­ is a qualified aircraft observer, or a quali­ Division of the Federal Register, The National tunity to show cause in wage Archives, pursuant to the authority con­ fied aircraft pilot who is unfit for pilot­ tained in the Federal Register Act, approved determination______5284 ing duties, but is fit and desired for other July 26, 1935 (49 Stat. 500), under regula­ Securities and E xchange Commis­ flying duty, and who is commissioned in tions prescribed by the Administrative Com­ sio n: the Army Air Corps, or on duty with the mittee, approved by the President. North American Gas and Elec­ Army Air Forces, or who is duly assigned The Administrative Committee consists of tric Co., et al., hearing re­ to duty in any part of the aeronautic or­ the Archivist or Acting Archivist, an officer convened______5286 ganization of the Navy, Marine Corps or of the Department of Justice designated by W age and H our Division: the Attorney General, and the Public Printer Coast Guard, may be required to partici­ or Acting Public Printer. Learner employment certificates, pate regularly and frequently in aerial various industries (2 docu­ The daily issue of the F e d e r a l R e g i s t e r flights; orders requiring such flights shall will be furnished by mail to subscribers, free ments) ______5284,5285 be issued by the Commanding General of of postage, for $1.25 per month or $12.50 per the Army Air Forces or by such officer year, payable in advance. Remit money or­ der payable to the Superintendent of Docu­ signed to a course of instruction in air­ or officers as he may designate for the ments directly to the Government Printing craft pilot duties. Army, the Chief of Naval Personnel for Office, Washington, D. C. The charge for (e) The term “student aviation ob­ the Navy, the Commandant of the single copies (minimum, 10i) varies in pro­ server” shall be construed to include any Marine Corps for the Marine Corps, or portion to the size of the issue. officer, warrant officer, or enlisted man in by the Commandant of the Coast Guard the Navy, Marine Corps, or Coast Guard for the Coast Guard, and such orders who is duly appointed and assigned to a shall remain in force for the entire period CONTENTS—Continued course of instruction in aircraft observer of such commission, duty or assignment, except as hereinafter provided in para­ O ffice of P rice Administration— duties. (f) The term “student naval flight graph 12. Continued. 4. Each officer of the Medical Corps of Maximum p r ic e regulation, surgeon” shall be construed to include any naval medical officer who is duly the Army or of the Navy who is duly as­ general—Continued Page signed to duty with any aeronautic head­ Liquor produced in Territories appointed and assigned flight instruction leading to the designation of naval flight quarters or unit of the Army, Navy, Ma­ or Possessions, amend­ rine Corps, or Coast Guard, or assigned ment 13 to supplementary surgeon. (g) The term “aerial flight” is defined to duty at a station where there is an regulation 1_____ 5276 aeronautic unit, and who has qualified as Tire rationing, amendments 19 as a journey in an aircraft. It begins when the aircraft takes off frpm rest at a flight surgeon or as an aviation medical and 20 (2 documents) _ 5274, 5276 examiner may be required to participate R ailroad R etirement Board: any point of support and terminates when it next comes to a complete stop regularly and frequently in aerial flights Location of Board offices_____ 5266 by the Commanding General of the Army S elective Service System: at a point of support. Ch) The term “aviation accident” shall Air Forces or by such officer or officers Revision of certain forms_____ 5266 as he may designate for the Army, or W ar P roduction B oard: be construed to mean an accident in which an officer, warrant officer, member by the Chief of Naval Personnel for the Canadian agencies included in Navy and Marine Corps, and any orders certain orders or regula­ of the Army Nurse Corps or Navy Nurse Corps (female), or enlisted man who is for such requirement shall remain in tions; priorities regulation force for the entire period of such assign­ 14______5272 required to participate regularly and fre­ quently in aerial flights is injured while ment, except as hereinafter provided in Cans, tinplate or terneplate; paragraph 12. amendment 1 to M-81____ 5272 an occupant of an aircraft or as the result of jumping from, being thrown 5. Each officer, warrant officer or en­ Elevators, L-89_____ 5272 listed man of the Army who is duly as­ Utilities; sales of materials from, or being struck by, an aircraft or any part or auxiliary thereof, or in which signed to a course of instruction for qual­ from excess stocks; amend­ ification as aircraft pilot or aircraft ob­ ment 2 to P-46____ !_____ 5272 appropriate medical authority of the services attests that injury resulted from server, and each officer, warrant officer, No t ic es participatioh in duly authorized aerial or enlisted man of the Navy, Marine Corps, or Coast Guard who is duly ap­ B itum inous Coal D ivisio n : flights. (i) The term “Army Air Forces” in­ pointed a student aviator, a student avia­ Cease and desist orders, etc.! tion pilot, a student aviation observer, or Miller, Henry and Henry___ 5283 cludes Air Forces units and individuals assigned to duty with defense commands, a student naval flight surgeon, shall be Nicklow, Hairy______5281 required to participate regularly and fre­ Rounsavill, A. C______5282 task forces, base commands, and in theaters of operations. quently in aerial flights; orders for such Wheeling Valley Corp., et al., requirement shall be issued by the Com­ cause reopened, etc______5283 2. Each officer or warrant officer whomanding General of the Army Air Forces Civil S ervice Com m ission: is a qualified aircraft pilot and who is not *or by such officer or officers as he may Condition of apportionment as unfit for duties as such, and who is com­ designate for the Army, the Chief of of June 30, 1942______5285 missioned in the Army Air Corps or on Naval Personnel for the Navy, the Com­ F ederal P ower Com mission: - duty with the Army Air Forces, or who is mandant of . the Marine Corps for the Georgia Power Co., hearing___ 5286 duly assigned to duty in any part of the Marine Corps, or by the Commandant of F ederal R eserve S ystem : aeronautic organization of the Navy, the Coast Guard for the Coast Guard, Consumer credit, adoption of Marine Corps, or Coast Guard, including and orders for such requirement shall revised statement of bor- ' those assigned to special, administrative, remain in force for the entire period of rower form______5285 or school duties, shall be required to par­ his course of instruction, except as here­ G eneral Land Office: ticipate regularly and frequently in kerial inafter provided in paragraph 12. Lands withdrawn for War De­ flights; orders requiring such flights shall 6. Each enlisted man who is on duty partment use as air bases: be issued by the Commanding General with the Army Air Forces or is serving Arizona____!______«___ 5281 of the Army Air Forces or by such officer in any part of the aeronautic organiza­ Nevada______5281 or officers as he may designate for the tion of the Navy, Marine Corps, or Coast New Mexico______5281 Army, the Chief of .Naval Personnel for Guard, and who is a qualified aircraft FEDERAL REGISTER, Friday, July 10, 1942 5259 pilot or observer, shall be required to (a) Officers and warrant officers be­ (c) During three 30 or more flights participate regularly and frequently in longing to Army Air Forces organizations consecutive cal­ totaling at least aerial flights by his commanding officer ; of the National Guard who by applicable endar months, nine hours, or in orders for such requirement shall re­ tables of organization are classified pi­ when the re­ lieu thereof to be main in force for the entire period of lots or observers. quirements o f in the air a total such assignment, except as hereinafter (b) Enlisted men belonging to Army subpara g r a p h of at least twelve provided in paragraph 12; orders for Air Forces organizations of the National (b) above have hours. such requirement and their revocation Guard who by applicable tables of or­ not been met. shall be reported to the Commanding ganization are classified as flight chiefs, (d) For fractions of a calendar month General of the Army Air Forces or to crew chiefs, or master photographers. the number of aerial flights and the such officer or officers as he may desig­ (c) Officers of the Medical Corps at­ time in the air required shall bear the nate for the Army, the Chief of Naval tached to Army Air Forces organizations same ratio to the number of flights and Personnel for the Navy, the Comman­ of the National Guard, who by applicable the time in the air required for a full dant of the Marine Corps for the Marine tables of organization are classified as calendar month as the period in question Corps, or to the Commandant of the flight surgeons.- bears to a full calendar month. Coast Guard for the Coast Guard. (d) In addition to the above, such (e) For fractions of two consecutive 7. Each enlisted man who is on duty officers, warrant officers, and enlisted calendar months the period in question with the Army Air Forces or is ^serving in men belonging to or attached to Army shall be considered as a unit and the any part of the aeronautic organization Air Forces organizations of the National number of aerial flights and time in the of the Navy, Marine Corps, or Coast Guard as may be detailed to such duty air required shall bear the same ratio Guard, and who is not a qualified air­ by written orders issued by the Senior to the number of aerial flights and time craft pilot or observer, may be required Army Air Forces Commander of each in the air required for a full calendar to participate regularly and frequently State: Provided, That the number of month as the period in question bears to in aerial flights by his commanding offi­ additional enlisted men so detailed in a full calendar month. cer, and orders for such requirement any organization shall not exceed ten (f) Where the commanding officer of shall remain in force for the entire pe­ per centum of the maintenance enlisted any officer, warrant officer or enlisted riod of such assignment, except as here­ strength of such organization including man who has been required by orders inafter provided in paragraph 12; orders attached personnel. of competent authority to participate in for such requirement and their revoca­ (e) Officers, warrant officers, and en­ regular and frequent aerial flights certi­ tion shall be reported to the Command­ listed men, who, under authority of the fies that due to military operations of the ing General of the Army Air Forces or to Secretary of War are in attendance at a particular command under combat con­ such officer or officers as he may desig­ course of instruction in aircraft pilot ditions, such officer, warrant officer or nate for the Army, the Chief of Naval duties, aircraft observer duties, or flight enlisted man was unable to perform the Personnel for the Navy, the Comman­ surgeon duties at a service school. aerial flights required by subparagraph dant of the Marine Corps for the Marine 10. For personnel of the Army, Navy, (c) hereof, such officer, warrant officer Corps, or the Commandant of the Coast Marine Corps, Coast Guard, or National or enlisted man may comply with the Guard for the Coast Guard. Guard (when in the active military serv­ requirements herein prescribed by per­ 8. Each officer, warrant officer, member ice of the United States and when par­ forming sixty or more flights totaling at of the Army Nurse Corps or Navy Nurse ticipating in exercises or performing least eighteen hours, or, in lieu thereof, Corps (female), or enlisted man other duties provided for by sections 94,97, and being in the air a total of at least twenty- than those specified in paragraps 2, 3, 99 of the National Defense Act, as four hours over a period of six consecutive 4, 5, 6, and 7, may be required to par­ amended), who are required by com­ calendar months. ticipate regularly and frequently in aerial petent authority to participate regularly N o t e : The above requirements for any par­ flights; orders for such requirement shall and frequently in aerial flights, the fol­ ticular period may be met at any time dur­ be issued by the Commanding General lowing requirements are prescribed: Pro­ ing such period. of the Army Air Forces or by such of­ vided, That any officer; warrant officer, ficer or officers as he may designate for member of the Army Nurse Corps or Navy (g) Each officer, warrant officer, or en­ personnel commissioned in the Army Air Nurse Corps (female), or enlisted man listed man who is required by competent Corps or on duty with the Army Air who has been required to participate reg­ authority to participate regularly and Forces, the Secretary of War or such of­ ularly and frequently in aerial flights by frequently in aerial flights and who is a ficer or officers as he may designate for orders of competent authority and who qualified aircraft pilot, and who is fit other branches of the Army, the Chief as a result of such orders has partici­ for duty as such, shall make the flights of Naval Personnel for the Navy, the pated regularly and frequently in aerial above required as a pilot, except that an Commandant of the Marine Corps for flights, as defined in this Executive Order, officer, warrant officer, or enlisted man the Marine Corps, or by the Command­ and who subsequently becomes incapaci­ who is both a qualified pilot of lighter- ant of the Coast Guard for the Coast tated for flying by reason of an aviation than-air aircraft and a qualified aircraft Guard, and orders for such requirement accident shall not be required to perform observer shall make the flights above re­ shall remain in force for the entire pe­ such aerial flights during such inca­ quired either as pilot or as observer as riod of such assignment, except as here­ pacity for a period not to exceed three may be directed by competent authority. inafter provided in paragraph 12. (h) Each officer, warrant officer, or en­ months following the date of said acci­ listed man who is required by competent 9. Officers, warrant officers, and en­ dent: listed men of the National Guard in the authority to participate regularly and active military service of the United (a) During o n e 10 or more flights frequently in aerial flights, and who is a States shall be subject to the require­ calendar month. totaling at least qualified aircraft observer but is not a ments of paragraphs 2 to 8 hereof, in­ three hours, or in qualified aircraft pilot shall make the clusive. Officers, warrant officers, and lieu thereof to be flights above required as observer. enlisted men of the National Guard not in the air a total (i) Each officer, warrant officer, mem­ in the active military service of the of at least four ber of the Army Nurse Corps or Navy United States who come within the fol­ hours. Nurse Corps (female), or enlisted man (b) During tw o 20 or more flights other than a qualified aircraft pilot or a lowing classes will be considered as on consecutive cal­ totaling at least qualified aircraft observer who is re­ duty requiring them to participate regu­ endar months, six hours, or in quired by competent authority to partici­ larly and frequently in aerial flights, and when the re­ lieu thereof to be pate regularly and frequently in aerial no further orders requiring participation quirements of in the air a total flights shall make the flights above re­ regularly and frequently in aerial flights subpara g rap h of at least eight quired in the capacity directed by the will be required for those enumerated in (a) above have hours. authority issuing the order requiring (a), (b), (c), and (e); not been met. the flights. 5260 FEDERAL REGISTER, Friday, July 10, 1942 11. For each officer, warrant officer, orsuch officer or officers as he may desig­ enlisted man of the National Guard not nate for personnel commissioned in the Regulations in the active military service of the United Army Air Corps or on duty with the Army States who is in an armory drill pay Air Forces, the Secretary of War or such status and who is required to participate officer or officers as he may designate for TITLE 7—AGRICULTURE regularly and frequently in aerial flights other branches of the Army or to the of­ the following requirements are pre­ ficer who issued the order requiring the Chapter VII—Agricultural Adjustment scribed: person concerned to participate regu­ Agency larly and frequently in aerial flights for [Tobacco 603 (Flue-cured) Part II] (a) During one 4 or more flights to­ the Navy, Marine Corps and Coast Guard. calendar month taling at least 72 P art 727—F lue- cured T obacco 1 of any quarterly minutes, or in lieu The confirmation of such action shall have the effect of suspending the order to SUBPART E— 1942 period. thereof to be in participate regularly and frequently in the air a total of M a r k e t i n g Q u o t a R e g u l a t i o n s , 1942-46, aerial flights as to the person concerned P a r t I I at least 96 min­ from the date such suspension from fly­ utes- ing was made. When any officer, war­ Pursuant to the authority vested in (b) During two 8 or more flights to­ rant officer, member of the Army Nurse the Secretary of Agriculture by Title HI consecutive cal­ taling at least 144 Corps or Navy Nurse Corps (female), or of the Agricultural Adjustment Act of endar months of minutes, or in lieu enlisted man so suspended from flying 1938, as amended, public notice is hereby any quarterly thereof to be in becomes, in the opinion of his command­ given of Part II of the Marketing Quota period, when the the air a total of ing officer, again fit for flying, the com­ Regulations, Flue-cured Tobacbo—1942- requirements of at least 192 min­ manding officer shall revoke such sus­ 43 Marketing Year (Tobacco 603 Flue- Subparagraph utes. pension from flying, and such action shall cured, as issued by the Secretary of (a) above have be reported with reasons therefor, for Agriculture on November 12,1941), which not been met. ¡(Confirmation to the authority who con­ regulations shall be in force and effect (c) During three 12 or more flights firmed the suspension from flying. The until rescinded or suspended or amended consecutive cal­ totaling at least confirmation of such revocation shall or superseded by regulations hereafter endar months of 216 minutes, or in have the effect of terminating the sus­ made under said Act. any quarterly lieu thereof to be pension of the person concerned from the GENERAL period when the in the air a total date of such revocation by his compiand- Sec. requirements of of at least 288 ing officer: Provided, That in the case of 727.423 Definitions. subparagraph minutes. suspension from flying by reason of sick­ 727.424 Instructions and forms. (b) above have ness or injury incurred in line of duty 727.425 Tobacco subject to marketing quotas. not been met. and subsequent removal thereof, such FARM MARKETING QUOTAS (d) Such required flights may be made suspension shall be considered as nulli­ fied irom its beginning, and the person 727.426 Amount of farm marketing quota. at ordered drills of the Army Air Forces 727.427 Issuance of marketing card. organization to which such officer, war­ concerned shall be entitled to increased 727.428 Disposition of excess tobacco. rant officer, or enlisted man belongs or pay for flying provided the requirements 727.429 Report on marketing card. is attached, or at other times when so of paragraph 10 above are complied with. 727.430 Additional reports by producers and authorized by the senior Army Air Forces 13. Authorized leaves of absence of identification of tobacco. commanding officer of the State. personnel required by orders of compe­ 727.431 Rights of producers in marketing (e) For fractions of a calendar month, tent authority to participate regularly card. the number of aerial flights and the time and frequently in aerial flights shall not 727.432 Successors in interest. suspend such orders for pay purposes. 727.433 Person authorized to issue cards. in the air required shall bear the same 727.434 Invalid cards. ratio to the number of flights and the 14. Compliance with the foregoing re­ 727.435 Additional costs and disposition of time in the air required for 3, full calen­ quirements constitutes participation in used cards. dar month as the period in question regular and frequent aerial flights within 727.436 Report of probable misuse of mar­ bears to the entire month. the meaning of the act approved July 2, keting card. (f) The duties prescribed above shall 1926 (44 Stat. 780), and the act approved 727.437 No transfers. June 16,1942 (Public Law 607, 77th Con­ be in addition to any other duty or duties m a r k e t in g ! o f t o b a c c o a n d p e n a l t i e s which may be required of such officers, gress, 2nd Session), and no flight pay shall accrue to any person during any 727.438 Memorandum of sale to identify warrant officers, and enlisted men while every marketing. in attendance at assemblies for drill and period in which the provisions of this 727.439 Bill of nonwarehouse sale. instruction, and while participating in order are not complied with: Provided, 727.440 Marketings free of penalty. exercises or performing duties provided that nothing herein contained shall af­ 727.441 Marketings subject to penalty and for by sections 94, 97, and 99 of the Na­ fect the flying pay of non-flying officers collection of penalties. tional Defense Act, as amended. who perform the number of aerial flights 727.442 Persons to pay penalty. required by any applicable act of Con­ 727.443 Rate of penalty. 12. A commanding officer shall suspendgress. 727.444 Penalty for false identification or from flying any officer, warrant officer, failure to account for disposition member of the Army Nurse Corps or Except for the provisions of section 10 of tobacco. (f) hereof, which shall be effective from 727.445 Payment of penalty. Navy Nurse Corps (female), or enlisted 727.446 Application for return of penalty. man under his command who, in his and after December 7, 1941, the provi­ sions of this order shall be effective as of RECORDS AND REPORTS opinion, is unfit for flying, except as a June 1, 1942, and shall supersede Execu­ result of an aviation accident. When the 727.447 Warehouseman’s records and reports. suspension is for a minor illness or in­ tive Order No. 5865 of June 27, 1932, as 727.448 Dealer’s records and reports. jury not the result of an aviation acci­ amended by Executive Ordey No. 8706 727.449 Dealers exempt from regular records dent, the suspension and subsequent of March 6, 1941.1 and reports. F ranklin D R oosevelt 727.450 Records and reports of truckers, re­ revocation thereof may be ordered by the dryers, etc. commanding officer of the person con­ T he W hite H ouse, 727.451 Separate records and reports from cerned without reference to higher au­ July 7, 1942. persons engaged in more than one thority. In all other cases such action business. [F. R. Doc. 42-6504; Filed, July 8, 1942; 727.452 Failure to keep record or make re­ shall be reported with the reasons there­ 12:06 p. m.] for, for confirmation to the Commanding port. * General of the Army Air Forces or to 16 F.R. 1383. *6 F.R. 5445, 5745; 7 F.R 213. FEDERAL REGISTER, Friday, July 10, 1942 5261 Sec. (11) “Non warehouse sale” means any storage prior to the issuance of a mar­ 727.453 Examination of records and reports. marketing of tobacco other than a ware­ keting card for the farm. 727.454 Length of time records and reports house sale. (25) “Trucker” means any person who to be kept. (12) “Operator” means the person who engages in the husiness of trucking 727.455 Information confidential. is in charge of the supervision and the tobacco to market and selling it for A u t h o r i t y : § § 727.423 to 727.455, inclusive, conduct of the farming operations on the producers regardless of whether the are issued under 52 Stat. 47, 48, 65, 66, 202; 53 entire farm. Stat. 1261, 1262; 54 Stat. 393, 728; 55 Stat. 88; tobacco is acquired from producers by 7 U.S.C. 1940 ed. 1301 et seq. (13) “Person” means an individual, the trucker. partnership, association, corporation, (26) “Warehouseman” means a per­ GENERAL estate, trust, or any agency of a State or son engaged in the business of holding § 727.423 Definitions, (a) As used in of the Federal Government. The term sales of tobacco at public auction at a these regulations and in all instructions, “person” shall include two or more per­ warehouse during the tobacco market­ forms and documents in connection sons having a joint or common interest. ing season. therewith, the words^ and phrases de­ (14) “Pound” means that amount of (27) “Warehouse sale” m e a n s a fined in this section shall have the mean­ tobacco which, if weighed in its un­ marketing by sale at auction through a ings herein assigned to them unless the stemmed form and in the condition in warehouse in the regular course of busi­ context or subject matter otherwise which it is usually marketed by producers, ness. requires. would equal one pound standard weight.' § 727.424 Instructions and forms. The The weight of redried or prized tobacco Administrator of the Agricultural Con­ (1) “Act” means the Agricultural Ad­ shall be increased so as to correspond justment Act of 1938 and any amend­ servation and Adjustment Administra­ with the original weight of such tobacco tion shall cause to be prepared and ments thereto. prior to redrying. » (2) “Authorized representative of the issued such instructions and such forms Secretary” means the Director, Southern (15) “Producer” means a person who, as may be deemed necessary or ex­ Division, in the case of States in the as owner, landlord, tenant, share-crop­ pedient for carrying out these regula­ per, or laborer is entitled to share in tions. Southern Region and the Director, and the tobacco available for marketing from the Chief of the Marketing Quota Sec­ the farm, or in the proceeds of the mar­ § 727.425 Tobacco subject to market­ tion, East Central Division, in the case keting, under the provisions of his agree­ ing quotas. Any tobacco marketed dur­ of States in the East Central Region. ment relating to the production of ing the period July 1, 1942, to June 30, (3) “Committee” means a committee 1943, inclusive, and any tobacco pro­ within a State, county or community es­ tobacco. (16) “Resale” means the disposition duced in the calendar year 1942 and tablished under the Soil Conservation marketed prior to July 1, 1942, shall be and Domestic Allotment Act. “County by sale, barter, or exchange of tobacco which has been marketed previously. subject to the marketing quotas for the Committee”, “Local Committee”, or 1942-43 marketing year. “Community Committee” shall have cor­ (17) “Sale day” means the period at responding meanings in the connection the end of which the warehouseman bills FARM MARKETING QUOTAS in which they are used. to buyers the tobacco so purchased during such period. § 727.426 Amount of farm marketing (4) “County office” means the office of quota. The marketing quota for a farm the County Agricultural Conservation (18) “Scrap tobacco” means the resi­ due accumulated in the course of pre­ shall be the actual production of tobacco Association, or the county or local com­ on the farm acreage allotment, as estab­ mittees or employees of such association, paring farm tobacco for market con­ sisting chiefly of portions of tobacco lished for the farm in accordance with according to the sense in which such Part I of the “Marketing Quota Regula­ term is used. leaves and leaves of poor quality. tions—Flue-cured T o b acco —1942-43 (5) “Dealer” means a person who en­ (19) “Secretary of Agriculture” means Marketing Year” (Tobacco 603 Part I). gages to whatever extent, in the busi­ the Secretary or Acting Secretary of Ag­ The actual production of the farm acre­ ness of acquiring tobacco from producers riculture of the United States. age allotment shall be the average yield without regard to whether such person (20) “Southern Region” means the per acre of the entire acreage of tobacco is registered as a dealer with the Bureau area included in the States of Alabama, harvested on the farm in 1942 times the of Internal Revenue. Arkansas, Florida, Georgia, Louisiana, farm acreage allotment. The excess to­ (6) “East Central Region” means the Mississippi, Oklahoma, South Carolina, bacco on any farm shall be that quantity area included in the States of Delaware, and Texas. of tobacco which is equal to the average Kentucky, Maryland, North Carolina, (21) “State committee or State office” yield per acre of the entire acreage of Tennessee, Virginia and West Virginia. means the group of persons comprising tobacco harvested on the farm in 1042 (7) “Farm” means any tract or tracts the State Agricultural Conservation times the number of acres harvested in of land which are considered as a farm Committee appointed by the Secretary of excess of the farm acreage allotment. under the provisions of the 1942 Agri­ Agriculture to assist within any State cultural Conservation Program. in the administration of the Soil Con­ § 727.427 Issuance of marketing card. (8) “Field Assistant” means an em­ servation and Domestic Allotment Act A marketing card shall be issued for ployee of the Agricultural Adjustment or the office of such persons. every farm having tobacco available for Agency, United States Department of (22) “Suspended sale” means any marketing. The card shall be issued Agriculture, whose duties involve pri­ marketing of farm tobacco at a ware­ after information required for its prep­ marily the preparation and handling of house sale for which a memorandum of aration (including measurements of the auction warehouse and dealer records and sale is not issued by the end of the par­ harvested acreage of tobacco and an reports as they relate to tobacco market­ ticular sale day on which such marketing estimate of the actual production of ing quotas. - occurred. tobacco) has been furnished to or ob­ (9) “Floor sweepings” means all to­ (23) “Tobacco” means flue-cured to­ tained by the county office. If the farm bacco which is dropped pn the ware­ bacco classified in Service and Regula­ operator refuses to furnish or prevents house floor in the course of the ware­ tory Announcement No. 118 of the Bu­ the county office from obtaining such house operations and is picked up by the reau of Agricultural Economics of the information, the card shall show that all warehouseman. Any tobacco accumu­ United States Department of Agricul­ of the tobacco available for marketing lated in the course of the grading of ture as types 11, 12, 13 and 14, and col­ from the farm is subject to penalty. tobacco for farmers shall not be included lectively known as flue-cured tobacco. (a) Within Quota Marketing Card as floor sweepings. (24) “Tobacco available for market­ (MQ-656 Flue-cured). A “Within Quota (10) “Market” means the first disposi­ ing” means all tobacco produced on a Marketing Card” authorizing the mar­ tion in raw or processed form of tobacco farm in the calendar year 1942 (and any keting without penalty of the actual pro­ by voluntary or involuntary sale, barter tobacco produced on the farm prior to duction of tobacco on the farm in the or exchange, or by gift inter vivos. the calendar year 1942 and carried over 1942 calendar year and an|y tobacco “Marketing” and “marketed” shall have to the 1942-43 marketing year) which is carried over from a prior marketing year corresponding meanings to the term not disposed of by a “Tobacco Carry-Over shall be issued for a farm unless an ex­ “market.” Agreement”, by use oh the farm, or by cess marketing card is required to be 5262 FEDERAL REGISTER, Friday, July 10, 1942 issued for the farm in accordance with farm, also shall have shown on the card flue-cured tobacco as of the beginning of paragraph (b) of this section. the maximum number of pounds which the 1942-43 marketing year. (b) Excess Marketing Card (MQ-657 may be marketed thereunder, such num­ (b) By storage of the excess tobacco, Flue-cured). An “Excess Marketing ber of pounds to be determined in the the tobacco so stored to be representa­ Card” showing the extent to which mar­ same manner as for a card showing zero tive of the entire 1942 crop produced on ketings of tobacco from a farm are sub­ percent excess. The maximum number the farm, and posting of a bond or mak­ ject to penalty shall be issued for a farm of pounds shown on any excess market­ ing of other arrangements approved by under the following conditions: ing card shall be increased by the county the county committee and an authorized (1) If the harvested acreage of to­ committee if the committee determines representative of the Secretary which bacco in 1942 is in excess of the farm that the quantity of tobacco available will guarantee payment of the amount acreage allotment and such excess to­ for marketing from the 1942 crop pro­ of penalty which will become due upon bacco is not disposed of in accordance duced on the farm is greater than the the marketing of excess tobacco. with § 727.428 hereof, or if the operator number of pounds previously estimated (c) By rendering the excess tobacco by the committee to be available for unmerchantable, the tobacco so ren­ of the farm also operates another farm marketing. on which the harvested acreage of to­ dered unmerchantable to be representa­ bacco in 1942 exceeds the farm acreage The extent to which marketings of tive of the entire crop of tobacco pro­ allotment and such excess is not dis­ tobacco from any farm having tobacco duced on the farm in 1942 and the act posed of in accordance with § 727.428 available for marketing which has been of rendering the tobacco unmerchantable hereof. carried over from a prior marketing to be performed only by the farm oper­ (2) If a within quota marketing card year are subject to penalty shall be the ator (or his representative) under the could be issued for the farm but the percentage determined as follows: supervision of the county committee (or county committee determines that a zero (1) Determine the number of “carry­ a person designated by the committee). percent excess marketing card is neces­ over acres” by dividing the number of § 727.429. Report on marketing card. sary to protect the interest of the govern­ pounds of tobacco carried over fr,om the The operator of each farm on which to­ ment and to insure proper identification prior year by the normal yield for the bacco is produced in 1942 shall return of and accounting for the disposition of farm for ttiat year. to the county office each marketing card tobacco produced on the farm and the (2) Determine the number of “within issued for the farm whenever marketings proper use of the marketing card issued quota carry-over acres” by multiplying from the farm are completed and in no for the farm. the “carry-over acres” ((1) above) by the event later than thirty days after the (3) If there is tobacco available for “percent within quota” (i. e., 100 percent close of the tobacco auction markets for marketing from the farm but no tobacco minus the percent excess) for the year the area in which the farm is located. acreage allotment was established and in which the carry-over tobacco was Failure to return the marketing card to such tobacco is not disposed of as pro­ produced. the county office within the time specified vided in § 727.428 hereof. (3) Determine the “total acres” of to­ (after formal notification) shall consti­ (4) If information required for prep­ bacco by adding the “carry-over acres” tute failure to give proof of disposition aration of the marketing card is not fur­ ((1) above) and the acreage of tobacco of tobacco marketed from the farm in nished or the county office is prevented harvested in the current year. the event that satisfactory proof of such from obtaining the necessary informa­ (4) Determine the excess acreage by disposition is not furnished otherwise. subtracting from the “total acres” ((3) tion. § 727.430 Additional reports by pro­ (5) If there is tobacco available for above) the sum of the 1942 allotment and marketing from the farm carried over the “within quota carry-over acres” ((2) ducers and identification of tobacco. In above). addition to any other reports which may from a prior marketing year and the be required under these regulations, the harvested acreage in 1942 is not less than (5) Determine the percent excess to operator of each farm or any other per­ the 1942 acfeage allotment by an amount be shown on the marketing card by di­ son having an interest in the tobacco equivalent to the acreage of carry-over viding the “total acres” into the excess acreage (4 above). grown on the farm (even though the excess determined as provided in para­ harvested acreage does not exceed the graph (c) of this section. (d) Number of marketing cards and acreage. allotment and even though no (6) If a farm operated by a publicly entries and signatures thereon. One or allotment was established for the farm) owned experiment station produces to­ more marketing cards may be issued for shall, upon written request by the Chair­ bacco for other than experimental pur­ any farm as approved by the county man of the State Committee and within poses and such tobacco is not disposed committee. All entries on each market­ ten days after the deposit of such re­ of as provided in § 727.428 hereof. ing card shall be made in accordance quest in the United States mails ad­ (c) Extent to which marketings from with the instructions for issuing the dressed to such person at his last known a farm are subject to penalty. The ex­ marketing card and the operator’s agree­ address, furnish the Secretary of Agri­ tent to which marketings of tobacco ment on each marketing card shall be culture, by sending the same to the from any farm having no carry-over to­ signed by the farm operator or on his Chairman of the State Committee, a bacco are subject to penalty shall be that behalf by his authorized representative. written report showing, as to the farm percentage of the tobacco available for § 727.428 Disposition of excess to­ at the time of filing said report (a) the marketing from the farm which the acre­ bacco. The farm operator may elect to number of acres of tobacco harvested, age of tobacco harvested in excess of give satisfactory proof of disposition of (b) the total production of tobacco, (c) the farm acreage allotment for the farm excess tobacco prior to the marketing of the amount of tobacco on hand and its and not disposed of as provided in any tobacco from the farm by any of the location, and (d) as to each lot of tobacco § 727.428 of these regulations, is of the following methods: ' marketed, the name and address of the acreage of tobacco harvested from the warehouseman, dealer, or other person farm. Each marketing card showing a (a) By executing a “Tobacco Carry­ to or through whom such tobacco was percentage excess of zero also shall show over Agreement,” (Tobacco 028) and de­ marketed and the number of pounds the maximum number of pounds of to­ livering, either to the county committee marketed, the gross price, and the date bacco which may be marketed there­ prior to the issuance of the marketing of marketing. under, which shall be the quantity of card or to a field assistant at the auc­ tobacco estimated by the county com­ tion warehouse out of the first proceeds § 727.431 Rights of producers in mar­ mittee to be available fgr marketing from from the marketing of tobacco from the keting card. Each producer having a the 1942 crop produced on the farm. farm, a certified check, cashier’s check or share in the tobacco available for mar­ post office money order, or by a check keting from the farm shall be entitled For any excess marketing card which to the use of the marketing card for shows a percentage of excess of more drawn by the warehouseman, payable to marketing his proportionate share of the than zero, the county committee, if it Commodity Credit Corporation in an total amount of tobacco available for has reason to believe it to be necessary amount equal to the estimated actual marketing from the farm: Provided, That in order to prevent marketing there­ yield of tobacco from the excess acreage the burden of any penalty with respect under of tobacco produced on another times 85 percent of the parity price of to carryover tobacco shall be borne by FEDERAL REGISTER, Friday, July 10, 1942 5263 those persons having an interest in such In the event any marketing card was Corporation under a “Tobacco Carry­ tobacco. improperly issued, has been altered, or over Agreement” is due with respect to becomes illegible, upon the return of the the tobacco to be covered by the memo­ § 727.432 Successors in interest. Any card to the county office a new market­ randum. Each memorandum of sale person who succeeds in whole or in part ing card shall be issued immediately, or issued by a warehouseman shall be pre­ to the share of a producer in the tobacco as soon thereafter as the necessary in­ sented promptly by him to the field available for marketing from the farm formation is available. assistant for verification with the ware­ shall, to the extent of such succession, If any entry is not made on a market­ house records. have the same rights as the producer to ing card as required (either through (2) A dealer operating a receiving the use of the marketing card for the omission or incorrect entry) and the point for scrap tobacco at a redrying farm. proper entry is made by a field assistant plant (and other regular receiving points § 727.433 Person authorized to issue then such card shall become valid. If operated by such dealer or his agents cards. The county committee shall des­ the field assistant is unable to make the or employees) or at an auction ware­ ignate one person to sign marketing proper entry, he shall return the card house, and who keeps records showing cards for farms in the county as issuing to the county office where it shall be the information specified in § 727.448 officer. No marketing card shall be retained until such entry is made, or a (f), wh6 has been authorized on form signed by the issuing officer until all new marketing card is issued, as pro­ Tobacco 625, may issue a within quota other entries required to be made vided above. memorandum of sale covering a sale of thereon have been made, except that the § 727.435 Additional cards and dispo­ scrap tobacco if the farm operator has Operator’s Agreement therein may be sition of used cards. Upon the return signed the “Authorization” on the back signed after the issuing officer has signed to the county office of the marketing of the memorandum of sale and a Bill the card, but prior to the issuance of a card after all the memoranda of sale of Nonwarehouse Sale (Tobacco 614) has memorandum of sale from the card. have been issued therefrom and before been executed to cover such tobacco. Only one person shall be designated as the marketing of tobacco from the farm (b) The authorization to issue within issuing officer but such person may, sub­ has been completed, a new marketing quota memoranda of sale under para­ ject to the approval of the county com­ card of the same kind, bearing the same graph (a) (1) or (2) above may be with­ mittee, designate not . more than three name, information and identification as drawn from any warehouseman or dealer persons to sign his name in issuing mar­ the used card shall be issued for the upon written notice by an authorized keting cards: Provided, That each such farm. Any marketing card issued to re­ representative of the Secretary. person shall place his initials immedi­ place another card shall have entered (c )Each excess memorandum of sale, ately beneath the name of the issuing thereon the total sales as shown on the after issuance by a field assistant, shall be officer as written by him on the card. marketing card which is replaced. checked by the warehouseman or dealer § 727.434 Invalid cards. A marketing § 727.436 Report of probable misuse of (or his representative) to determine card shall be invalid under any of the marketing card. Any information which whether the amount of penalty shown following conditions: causes any field assistant, a member of thereon to be due has been correctly com­ (a) If it is not issued or delivered in any local committee, or an employee of puted, and the warehouseman or dealer the form and manner prescribed; the county office to believe that any to­ shall be responsible for the correctness (b) If entries are not made thereon bacco which actually was produced on of such computations. as required; one farm lias been or is being marketed (d) If the quantity of tobacco previ­ (c) If it is lost, destroyed, stolen, or under the marketing card issued for an­ ously identified by memoranda of sale is­ becomes illegible; other farm shall be reported immediately sued from any within quota marketing (d) If any erasure has been made; by such person to the applicable field card is in excess of the number of pounds office and to the State office. assigned to the card, the person issuing (e) If any alteration has been made the memorandum shall require the farm and not properly initialed; or § 727.437 No transfers. There shall operator to sign the “Operator’s Cer­ (f) If the amount due Commodity be no transfer of marketing quotas (ex­ tificate” on the back of the memoran­ Credit Corporation with respect to a cept as provided in Part I of these regu­ dum and if he is satisfied that such sig­ “Tobacco Carry-over Agreement’’ is not lations) and the tobacco marketed under nature is the same as the signature of paid prior to the issuance of any mem­ the marketing card issued for a farm the farm operator on the marketing orandum of sale. shall consist only of tobacco produced card, he may issue the memorandum. If In the event any marketing card be­ on the farm. any person other than the operator pre­ comes invalid (other than by loss, de­ MARKETING OP TOBACCO AND PENALTIES sents the marketing card, the memoran­ struction, theft, omission, alteration, or dum of sale shall not be issued unless incorrect entry which can be corrected § 727.438 Memorandum of sale to the “Authorization” on the back of such by a field assistant) the farm operator identify every marketing.' (a) Each memorandum has been properly exe­ (or the person having the card in his marketing of tobacco from a farm shall cuted and signed by the operator. The possession) shall return it to the county be identified by a memorandum of sale person who presents the marketing card office at which it was issued. issued from the marketing card (MQ-656 may sign on behalf of the farm opera­ If any marketing card is lost, de­ Flue-cured or MQ-657 Flue-ctîred) for tor except when such memorandum is stroyed, stolen, or altered, the person the farm but if a memorandum of sale to be used to cover a sale of “scrap” to­ having knowledge of such loss, destruc­ pannot be obtained within four weeks bacco, provided that such .person places tion, theft, or alteration shall notify the after the date of the marketing of any his address immediately beneath his county office to that effect, and the tobacco at a warehouse sale, such mar­ signature. Any person authorized to is­ county office shall immediately notify keting of tobacco shall be subject to pen­ sue a memorandum of sale under either alty and the amount of penalty shall be of the above described circumstances the applicable field office. ' shown on the memorandum of sale If any marketing card which was re­ who has reason to believe that the to­ ported as lost, destroyed, stolen, or al­ cleared without marketing card (Tobacco bacco to be covered by the memorandum tered is later received by .the county 618). The memorandum of sale shall be was not produced on the farm for which issued only by a field assistant, with the the marketing card containing the office, the county office shall immediately following exceptions: notify the applicable field office, of the memorandum was issued, may or may receipt of such card. (1) A warehouseman, or his author­ not issue the memorandum as he con­ After receipt of notice of loss, destruc­ ized representative, who has been au­ siders advisable, but in either event he tion or theft of any marketing card^the thorized on form Tobacco 625, may issue shall immediately make a written report county office may issue a duplicate mar­ a within quota memorandum of sale to of the circumstances in the case to the keting card to replace the lost, destroyed, identify a warehouse sale, if a field as­ applicable field office for the belt in which or stolen card in accordance with in­ sistant is not available at the warehouse the tobacco is sold. structions issued pursuant to these when the card is presented by the farmer § 727.439 Bill of nonwarehouse sale. regulations. and if no payment to Commodity Credit Each marketing of tobacco, except a 5264 FEDERAL REGISTER, Friday, July 10, 1942 warehouse sale, shall be identified by a price at which such tobacco is resold as and shall be paid by remitting the Bill of Nonwarehouse Sale (Tobacco 614) compared with the price at which he had amount thereof to the applicable field or completely executed by the buyer and the purchased the tobacco, cannot reason­ State office as shown in the Marketing farm operator, except for the entry of ably be regarded as tobacco previously Quota Instructions, Tobacco 622, not the serial number of the memorandum purchased by him shall be taken to be a later than the end of the calendar week of sale. If the Bill of Nonwarehouse marketing of tobacco subject to penalty. following the week in which the memo­ Sale is issued to cover scrap tobacco the (c) Tobacco not identified by a valid randum of sale was issued, or, in the word “scrap” shall be written thereon memorandum. Any marketing of to­ event a memorandum is not issued, not immediately above the words “Bill of bacco which is not identified by a valid later than four weeks after the date upon Nonwarehouse Sale.” The post card copy memorandum of sale shall be subject to which the tobacco was sold. A draft, (Tobacco 614a) shall be mailed by the penalty. money order, or check, payable to the farm operator not later than the day (d) Liability in case of error on memo­ order of the Treasurer of the United following the day on which executed. randum. The person liable for the pay­ States may be used to pay any penalty, The original of each Bill of Nonware­ ment of the penalty upon any market­ but any such draft, or check shall be re­ house Sale covering any marketing ex­ ing of tobacco shall not be relieved of ceived .subject to payment at par. cept scrap tobacco shall be presented such liability because of any error which § 727.446 Application for return of to a field assistant for issuance of a may occur on the memorandum of sale. memorandum of sale (or a memorandum penalty. Any producer of tobacco and of sale cleared without marketing card) § 727.442 Persons to pay penalty. The any other person who bore the burden and for recording in the Dealer’s Record person to pay the penalty due on any of the payment of any penalty collected Book in case of a purchase by a dealer marketing of excess tobacco shall be one may file an application for return of other than a warehouseman. The origi­ of the following as applicable: the amount of such penalty which is in nal of each such Bill of Nonwarehouse (a) Warehouseman. If the tobacco excess of that amount equal to ten cents Sale shall be forwarded with the appli­ is marketed by the producer through a per pound upon the number of pounds cable Dealer’s Record (Tobacco 615). warehouseman the penalty shall be paid marketed in excess of the farm market­ The original of each Bill of Nonware­ by the warehouseman, who may deduct ing quota. Any application for return house Sale covering scrap tobacco shall an amount equivalent to the penalty of any penalty shall be filed on form be delivered to a person at a receiving from the price paid to the producer. Tobacco 624, “Application for Return of point who has been authorized to issue (b) . Dealer. If the tobacco is ac­Penalty.” memoranda of sale. Such person may quired from the producer by a dealer, An application for the return of pen­ issue the memorandum of sale and enter the penalty shall be paid by the dealer alty filed by any producer of tobacco on the serial number of such memorandum who may deduct an amount equivalent a farm on which the tobacco available on the original of the Bill of Nonware­ to the penalty from the price paid to for marketing is in excess of the farm house Sale and forward all such bills the producer. marketing quota shall not be approved unless (1) the marketing of tobacco from with the Record of Scrap Tobacco (To­ (c) Agent. If the tobacco is marketed the farm has been completed and (2) bacco 613) to the applicable field office. by the producer through an agent who disposition of all unmarketed excess to­ § 727.440 Marketings free of penalty. is not a warehouseman, the penalty shall bacco has been made under the super­ Any tobacco marketed from a farm be paid by the agent, who may deduct vision of the county committee (or its which is identified by a valid memoran­ an amount equivalent to the penalty representative) and has been approved dum of sale from the marketing card from the price paid to the producer. by the county committee. issued for the farm shall be free of pen­ (d) Warehouseman and dealer on Return of penalty collected upon mar­ alty to the extent shown by the memo­ dealer’s tobacco. Any penalty due upon ketings of tobacco from any farm on randum of sale. tobacco subject to penalty under para­ graph (b) of § 727.441 shall be paid by which the tobacco available for mar­ § 727.441 Marketings subject to pen­ the warehouseman, who may deduct an keting is in excess of the farm marketing alty and collection of penalties—(a) amount equivalent to the penalty from quota shall be made only upon the basis Farm tobacco. With respect to tobacco the price paid to the dealer, but the of tobacco produced on the farm and, marketed from farms having excess to­ dealer shall not be relieved of respon­ if the county committee has good cause bacco available for marketing, the pen­ sibility for payment of such penalty. 9 to believe that any of the unmarketed alty shall be paid upon that proportion (e) Producer marketing outside United excess tobacco as reported for the farm of each lot of tobacco which the tobacco States. If the tobacco is marketed by by the farm operator was not actually available for marketing in excess of the the producer directly to any person out­ produced thereon, the application for farm quota (at the time of issuance of side the United States, the penalty shall such farm shall not be approved with the marketing card) is of the total be paid by the producer. respect to that tobacco which the com­ amount of tobacco available for-market­ mittee has good cause to believe was not ing from the farm. The memorandum § 727.443 Rate of penalty. The pen­ produced on the farm. The county com­ of sale issued to identify such marketing alty shall be ten cents per pound upon mittee shall approve an Application for of tobacco shall show that portion of the marketing of any tobacco in excess Return of Penalty only for that number such marketing which is subject to pen­ of the marketing quota for the farm of pounds of unmarketed excess tobacco alty, and any portion of such marketing on which the tobacco is produced and which the committee determines is rep­ of tobacco which is not shown by the on the marketing of any other tobacco resentative of the entire amount of to­ memorandum as being subject to penalty not identified under these regulations bacco available for marketing from the shall be free of penalty. as being free from penalty. farm in the 1942-43 marketing year, tak­ (b) Dealer’s tobacco. Any marketing § 727.444 Penalty for false identifi­ ing into account the value of the un­ of tobacco by a dealer which such dealer cation or failure to account for disposi­ marketed excess tobacco (which is dis­ represents to be a resale, but all or any tion of tobacco. If any producer falsely posed of) as appraised by the county part of which, when added to prior re­ identifies or fails to account for disposi­ committee (or its representative) and sales by such dealer as shown on the tion of any tobacco, an amount of to­ the value of tobacco marketed from the Dealer’s Record, is in excess of the total bacco equal to the normal yield of the farm. amount of purchases as shown on such number of acres harvested in 1942 in RECORDS AND REPORTS Dealer’s Record shall be a marketing of excess of the farm acreage allotment tobacco subject to penalty unless and shall be deemed to have been marketed § 727.447 Warehouseman’s records in excess of the marketing quota for and reports—(a) Record of marketings. until the dealer furnishes proof accepta­ Each warehouseman shall keep such rec­ ble to the Secretary showing that such the farm and the penalty in respect thereof shall be paid and remitted by the ords as will enable him to furnish to the tobacco is not subject to penalty. Any Secretary of Agriculture a report of the marketing of tobacco by a dealer which producer. following information with respect to such dealer represents to be a resale of § 727.445 Payment of penalty. Penal­ each sale or resale of tobacco made at tobacco previously purchased by him but ties upon the marketing of tobacco shall his warehouse; (1) the name of the seller which, because of the difference in the become due at the time of the marketing (and, in the case of a sale for a pro- FEDERAL REGISTER, Friday, July 10, 1942 5265 ducer, the name of the operator of the 615) the total of purchases and resales farmer each dealer shall obtain a record farm on which the tobacco was pro­ made by such dealer during each sale in the form of a valid memorandum of duced), (2) the name of the purchaser, day at the warehouse. If any tobacco sale issued by a field assistant or by an (3) the date of sale, (4) the number of resold by the dealer is tobacco bought authorized representative of a scrap to­ pounds sold, (5) the sale price (ft) the by him from a crop produced prior to bacco receiving point in the case of scrap amount of any penalty and the amount 1942 the entry on the Dealer’s Record tobacco sold and delivered to such receiv­ of any deduction on account of penalty shall clearly show such fact. ing point. No memorandum of sale shall from the price paid the producer (or a (f) Daily report of warehouse business be issued unless: (1) the farm operator dealer). All purchases and resales for and report of penalties. Each ware­ or his authorized agent has signed the the warehouse leaf account shall be so houseman shall make reports on form “Authorization” on the back of the mem­ identified in the records and a separate Tobacco 616, Auction Warehouse Re­ orandum and (2) unless a properly exe­ account shall be maintained with respect port, and on form Tobacco 617, Re­ cuted Bill of Nonwarehouse Sale (To­ to the amount of floor sweepings picked port of Penalties, showing the informa­ bacco 614) is presented covering such up and the disposition of such floor tion required on the respective reports. sale. sweepings. The quantity of floor sweep­ Form Tobacco 616 shall be prepared for (e) Record and report of scrap to­ ings, including bundles, leaves and scrap, each sale day and all reports for the bacco. Each scrap tobacco receiving picked up by the warehouse after each sale days occurring during any week point which has been authorized to issue sale shall be reported in the space pro­ shall be forwarded to the applicable field memoranda of sale on form Tobacco 625 vided on the Auction Warehouse Report office at or before the end of the next shall keep a record and make reports on (Tobacco 616). Any warehouseman who following calendar week. Form Tobacco form Tobacco 613 (or form 41-Tob-63) grades tobacco for farmers shall main­ 617 shall be prepared for each week and “Record of Scrap Tobacco”, showing all tain a separate account showing the ap­ the report for each week shall be for­ tobacco received. Such report shall be proximate amount of grading house scrap warded, together with remittances of accompanied by Bills of Nonwarehouse obtained from the tobacco graded from the penalties due, as shown thereon, to Sale, form Tobacco 614, with respect to each farm. In the case of resales for the applicable field office or State office all tobacco covered by the report. dealers the name of the dealer making not later than the end of the next fol­ (f) Additional records. Each dealer each resale shall be shown on the ware­ lowing calendar week. shall keep such records, in addition to house records so that the individual lots (g) Summary of warehouse accounts. the foregoing, as may be necessary to of tobacco sold by the dealer can be Each warehouseman shall assist field enable him to furnish the following in­ identified. assistants to prepare summaries of the formation with respect to each lot of (b) Identification of sale on check warehouse account by making available tobacco purchased or sold by him: (1) register. The serial number of the mem­ all records kept and reports made by the name of the seller (and in the case orandum of sale issued to identify each the warehouse as required by these reg­ of a purchase from a producer, the name marketing of tobacco from the farm or ulations. of the operator of the farm on which the number of the warehouse bill(s) (h) Additional records and reports. the tobacco was produced), (2) the name covering each such marketing shall be In addition to the records and reports of the purchaser, (3) the date of the recorded on the check register or check provided above, each warehouseman transaction, (4) the number of pounds stub for the check written with respect shall keep such additional records and and the gross sale price, and (5) in the to such sale of tobacco. make such additional reports to the event of resale of tobacco bought by him (c) Memorandum of sale record and Secretary of Agriculture as an author­ and carried over from a crop produced bill of nonwarehouse sale record. A rec­ ized representative of the Secretary may prior to 1942, the fact that such tobacco ord in the form of a valid memorandum find necessary in order to enforce these was so bought and carried over. of sale (or a memorandum of sale cleared regulations. All reports shall be forwarded to the without marketing card) shall be ob­ _ § 727.448 Dealer’s records and re­ applicable field office as shown in the tained by every warehouseman to cover ports. Each dealer, except as provided Marketing Quota Instructions, form To­ each marketing of tobacco from a farm in § 727.449 below, shall keep the records bacco 622, not later than the end of the through the warehouse, and if a ware­ and make the reports as provided by this week following the calendar week cov­ houseman buys tobacco directly from a section. ered by the reports. farmer (other than at a warehouse auc­ tion sale as defined in these regulations) (a) Report of dealer’s name, address § 727.449 Dealers exempt from regu­ such warehouseman shall obtain a valid and registration number. Each dealer lar records and reports. Any dealer who memorandum of sale to cover each such shall properly execute and the field does not purchase or otherwise acquire purchase of tobacco, together with a assistant shall detach and forward to tobacco except at a warehouse sale and properly executed Bill of Nonwarehouse the applicable field office the page “Re­ who does not resell, in the form in which Sale (Tobacco 614>. Any warehouseman ceipt for Dealer’s Record” contained in tobacco ordinarily is sold by farmers, who obtains possession of any grading form Tobacco 615, “Dealer’s Record” more than ten percent of the tobacco house scrap in the course of grading which is issued to the dealer. purchased by him, shall not be subject tobacco from any farm shall obtain a (b) Record and report of purchases to the provisions of § 727.448 of these memorandum of sale to cover the amount and resales. Each dealer shall keep a regulations; but each such dealer shall of such scrap tobacco from such farm! record and make reports on form To- make such reports to the Secretary of (d) Suspended sale record. Any ware­ baccd 615, “Dealer’s Record”, showing all Agriculture as an authorized representa­ house bills for which memoranda of sale purchases and resales of tobacco made tive of the Secretary may find necessary have not been issued at the end of the by the dealer and, in the event of resale to enforce these regulations. sale day shall be presented to a field of tobacco bought from a crop produced assistant who shall stamp such bills prior to 1942, the fact that such tobacco § 727.450 Records and reports of was bought by him "and carried over from truckers, redryers, etc. Every person en­ “suspended”, write thereon, the serial a crop produced prior to 1942. number of the suspended sále, and re­ gaged in the business of trucking tobacco (c) Report of penalties. Each dealer for producers shall keep such records as cord the bills on the Register of Sus­ shall make a report on form Tobacco pended Sales (Tobacco 612); provided 617 showing the information with respect will enable him to furnish the Secretary that if a field assistant is not available, to all purchases subject to penalty made of Agriculture a report with respect to the warehouseman may stamp such bills by him during each calendar week. The each lot of tobacco received by him show­ “suspended” and deliver them to a field penalties listed on each such report shall ing the name and address of the farm assistant as soon as one is available. be remitted with the report. operator, the date of the receipt of the (e) Warehouse entries on dealers’ (d) Memorandum of sale record and tobacco, the number of pounds received records. Each warehouseman shall en­ bill of nonwarehouse sale record. For and the place to which it was delivered. ter on each Dealer’s Record (Tobacco each lot of tobacco purchased from a Every person engaged in the business, of No. 135------2 5266 FEDERAL REGISTER, Friday, July 10, 1942 redrying, prizing or stemming tobacco for producers shall make available for TITLE 32—NATIONAL DEFENSE for producers shall keep such records as examination, upon written request by an will enable him to furnish the Secretary authorized representative of the Secre­ Chapter VI—Selective Service System of Agriculture a report showing the in­ tary, such books, papers, records, ac­ [No. 63] formation provided above for truckers counts, correspondence, contracts, docu­ R evision of Certain F orms and in addition the purpose for which the ments and memoranda as he has reason tobacco was received, the amount of ad­ to believe are relevant and are within ORDER PRESCRIBING FORMS vance made by him on the tobacco, and the control of such person. By virtue of the Selective Training and the disposition of the tobacco. Each Service Act of 1940 (54 Stat. 885) and such person shall make such reports to § 727.454 Length of time records and the authority vested in me by the rules the Secretary of Agriculture as an au­ reports to be kept. Records required to and regulations prescribed by the Presi­ thorized representative of the Secretary be kept and copies of the reports required dent thereunder and more particularly may find necessary to enforce these regu­ to be made by any person under these the provisions of § 605.51 of the Selec­ lations. regulations for the 1942-43 marketing year shall be kept by him until June 30, tive Service Regulations, I hereby pre­ § 727.451 Separate records and reports 1944, and for such longer period of time scribe the following change in DSS from persons engaged in more than one as may be requested in writing by an forms: business. Any person who is required to authorized representative of the Secre­ 1. Revision of DSS Form 260, entitled keep any record or make any report as a tary. “Report of Obligations,” 1 effective im­ warehouseman, dealer, processor, or as mediately upon the filing hereof with the a person engaged in the business of re­ § 727.455 Information confidential. Division of the Federal Register. The drying, prizing, or stemming tobacco for All data reported to or acquired by the supply of forms on hand will be used producers, and who is engaged in more Secretary of Agriculture pursuant to the until exhausted. than one such business, shall keep such provisions of these regulations shall be 2. Revision of DSS Form 260-A, en­ records as will enable him to make sepa­ kept confidential by all officers and- em­ titled “Report of Obligations,” 1 effec­ rate reports for each such business in ployees of the Department of Agriculture tive immediately upon the filing hereof which he is engaged, to the same extent and only such data so reported or ac­ with the Division of the Federal Register. for each such business as if he were en­ quired as the Secretary of Agriculture The supply of forms on hand will be gaged in no other business, except that a deems relevant shall be disclosed by them used until exhausted. warehousman shall not be required to and then only in a suit or administrative 3. Revision of DSS Form 260-AA, en­ keep a record and make reports on form hearing under Title m of the Act. titled “Report of Obligations,” 1 effec­ Tobacco 615, “Dealer’s Record,” if the Done at Washington, D. C., this 9th tive immediately upon the filing hereof transactions which would be recorded day of July 1942. Witness my hand and with the Division of the Federal Register. and reported on such forms are recorded the seal of the Department of Agricul­ The supply of forms on hand will be used on the records kept by the warehouse in ture. until exhausted. its regular course of business and re­ [seal] G rover B. H ill, 4. Revision of DSS Form 260-B, en­ ported as required on form Tobacco 616. Acting Secretary of Agriculture. titled “Report of Obligations,” 1 effective § 727.452 Failure to keep record or immediately upon the filing hereof with fF. R. Doc. 42-6533; Filed, July 9, 1942; the Division of the Federal Register. make report. Any warehouseman, proc­ 11:34 a. m.] essor, or common carrier of tobacco, or The supply of forms on hand will be person engaged in the business of pur­ used until exhausted. chasing tobacco from producers, or per­ 5. Revision of DSS Form 260-C, en­ son engaged in the business of redrying, titled “Report of Obligations,” 1 effective prizing or stemming tobacco for pro­ TITLE 20—EMPLOYEES’ BENEFITS immediately upon the filing hereof with the Division of the Federal Register. ducers, who fails to make any report or Chapter II—Railroad Retirement Board keep any record as required under these The supply of forms on hand will be regulations, or who makes any false re­ P art 262—M iscellaneous used until exhausted. 6. Revision of DSS Form 260-D, en­ port or record, shall be deemed guilty of LOCATION OP BOARD OFFICES a misdemeanor and upon conviction titled “Report of Obligations,” 1 effective thereof shall be subject to a fine of not Amending § 262.15 of the regulations immediately upon the filing hereof with more than $500; and any tobacco ware­ under the Railroad Retirement Act of the Division of the Federal Register. houseman or dealer who fails to remedy 1937. The supply of forms on hand will be such violation by making a complete and Pursuant to the general authority con­ used until exhausted. accurate report or keeping a complete tained in section 10 of the Act of June 7. Revision of DSS Form 260-E, en­ and accurate record as required under 24, 1937 (sec. 10, 50 Stat. 314; 45 U.S.C. titled “Report of Obligations,” 1 effective these regulations within fifteen days Sup. m , 228j), § 262.15 of the Regulations immediately upon the filing hereof with after notice to him of*such violation of the Railroad Retirement Board under the Division of the Federal Register. shall be subject to an additional fine of such Act (4 F.R. 1477) is amended, effec­ The supply of forms on hand will be $100 for each ten thousand pounds of tive June 16,1942, by Board Order 42-312 used until exhausted. tobacco, or fraction thereof, bought or dated July 2, 1942, to read as follows: 8. Revision of DSS Form 260-F, en­ sold by him after the date of such viola­ titled “Report of Obligations,” 1 effective § 262.15 Offices of the Board. The immediately upon the filing hereof with tion: Provided, That such fine shall not main office established by the Board is exceed $5,000; and notice of such viola­ the Division of the Federal Register. located in Chicago, Illinois. The only The supply of forms on hand will be tion shall be served upon the tobacco other offices established by the Board are warehouseman or dealer by mailing the used until exhausted. Regional Offices located at New York, 9. Revision of DSS Form 260-G, en­ same to him by registered mail or by New York; Cleveland, Ohio; Chicago, posting the same at an established place titled “Report of Obligations,” 1 effective Illinois; Atlanta, Georgia; Minneapolis, immediately upon the filing hereof with of business operated by him, or both. Minnesota; Kansas City, Missouri; Dal­ Notice of any violation by a tobacco the Division of the Federal Register. las, Texas; Denver, Colorado; and San The supply of forms on hand will be warehouseman or dealer shall be given Francisco, California. (Offices of dis­ by an authorized representative of the used until exhausted. Secretary. trict managers or of any other field forces The foregoing revision shall become are not offices within the meaning of this a part of the Selective Service Regula­ § 727.453 Examination of records and section.) (Sec. 10, 50 Stat. 314; 45 tions effective immediately upon the reports. For the purpose of ascertain­ U.S.C. Sup. Ill, 228j) ing the correctness of any report made filing hereof with the Division of the or record kept, or of obtaining informa­ By Authority of the Board. * Federal Register. tion required to be furnished in any re­ [seal] R ichard L. Cooper, Lew is B. H ershey, port, but not* so furnished, any ware­ Secretary of the Board. Director. houseman, dealer, processor, common J uly 6, 1942. [F. R. Doc. 42-6525; Filed, July 9. 1942; 11:10 a. m.] carrier or person engaged in the business [F. R. Doc. 42-6510; Filed, July 8, 1942; of redrying, prizing, or stemming tobacco 3:37 p. m.] 1 Filed as part of the original document. FEDERAL REGISTER, Friday, July 10, 1942 5267 Chapter VIII—Board of Economic Warfare exporter or his agent without the sub­ 14. License N o .______mission of an application or compliance 15. Date issued______Subchapter B—Export Control 16. Reference No______with the procedure set forth in §§ 808.5 17. Shipping ratin g------P rocedure T o Secure Shipping Space to to 808.7, inclusive. All such bookings are 18. See (A) below______1------the Other American R epublics; Sh ip ­ subject to the control of the War Ship­ (A) Was Preference Rating necessary to ping P riority R atings ping Administration and the Board of secure materials? (indicate for each li­ Economic Warfare, who will fix the total cense) PART 808— PROCEDURE TO SECURE SHIPPING amount of space on each ship which will 19. Range of ports through which would ship: SPACE TO THE OTHER AMERICAN REPUBLICS be available for the carriage of such (indicate preference by numbers) Atlan­ Sec. small shipments. Such available space tic ( ) Gulf ( ) Pacific ( ) 808.1 Applicability. will then be allocated in accordance with 20. Notice of tentative booking to be sent 808.2 Nonapplicability. the priority ratings fixed by the Export t o ------808.3 Space allocation for shipment of ma* terial weighing under 2,240 pounds. ' Control Branch, as provided in Part 809 808.4 Initial movement in exportation. of this subchapter.1 For BEW use only, Serial N o .______808.5 Application form prescribed. § 808.4 Initial movement in exporta­ ______For official use only. 808.0 Application procedure. tion. No shipment of an article or ma­ § 808.6 Application procedure—(a) 808.7 Notice permitting movement to port. 808.8 Confirmation of space by ship oper­ terial weighing 2,240 pounds or more for Submission of application. Application ator. which a license has been issued permit­ for shipping space shall be submitted in 808.9 Validity of allocation. ting the exportation thereof and which quintuplicate on an exact facsimile of 808.10 Effective date. is located at any place other than the the form as set forth in § 808.5. If the Authoritt: §§ 808.1 to 808.10, Inclusive, is­ port of exit from the United States shall application covers articles or materials sued under sec. 6, 54 Stat. 714, Public Law 75, be moved to such port of exit until the which are to be exported under an ex­ 77th Cong., Public Law 838, 77th Cong.; Order exporter or his agent has received on the port program or export project license No. 3, Delegations of Authority Nos. 25 and prescribed form, notice of tentative (S. P.) an additional (sixth) copy of the 28, 7 F.R. 4951. freight booking issued by the War Ship­ application shall be submitted. The fac­ § 808.1 Applicability. T h e regula­ ping Administration and the Unit Per­ simile may be printed, mimeographed or tions prescribed in this part apply to ex­ mit Number issued by the Office of De­ otherwise reproduced on any type white portations of all articles and materials fense Transportation, or such other paper size 8 inches by 14 inches. set forth in § 801.2 of this subchapter, agency as it may designate. Shipments (b) Who may apply. Any person to except as provided in § 808.2, to be made weighing less than 2,240 pounds may be whom an export license has been granted by sea freight under any type of export moved to the port of exit only after re­ or his agent may apply for shipping space. license to any of the following destina­ ceipt of the freight contract from the Any person planning to export under a tions; ship operator, the number of which shall general license or the agent of any such be placed on the bill of lading together person may apply for shipping space. Argentina. with the export license number. (c) Time to apply. Application may be Bolivia. § 808.5 Application form prescribed. made when the goods are ready for ship­ Brazil; ment, or when any such goods will be Chile. The form, for application for shipping space is hereby prescribed; ready for shipment within three weeks Colombia. of the date of the application, or when Costa Rica. Form No. BEW-138 such goods are actually at port of exit. Cuba. (d) Where to file. The application Dominican Republic. A p p l i c a t i o n f o r F r e i g h t S p a c e shall be filed with the Export Control Ecuador. BOARD OP ECONOMIC WARFARE Branch, Washington, D. C. El Salvador. WAR SHIPPING ADMINISTRATION (e) Preparation of application. (1) Guatemala. Washington, D. C. Haiti. A separate. application may be sub­ Honduras. (Date) mitted for each part of a licensed expor­ Mexico. 1. Merchandise listed below: tation as such part becomes ready for Nicaragua. (a) is now at the port o f ______shipment, except that no application (b) is now ready for shipment to port of need be filed for a partial shipment if Panama. exit ( ) the partial shipment is less than 2240 Paraguay. (c) will aU be ready for shipment in three pounds in gross weight. Peru. weeks ( ) Uruguay. 2. Licensee______. (2) Where the applicant desires to Venezuela. 3. Address______ship material which is packed together 4. Point of origin: C ity______into one shipment and which includes The regulations prescribed in this part State______-______items from one or more licenses, in which are in addition to all other regulations 5. Consignee in foreign country______licenses the consignees, ultimate con­ covering exportation. Address______6. Ultimate consignee in foreign country___ signees and purchasers are identical, only §808.2 Non-applicability, (a) These Address______one application covering the total ship­ regulations shall not apply to: 7. Purchaser in foreign country______ment need be submitted. In such case (1) Liquid articles or materials li­ Address______the applicant shall make appropriate 8. Foreign port of discharge______references to each such license in the censed for export to be shipped in bulk 9. Gross weight (long terns approx.)______by tanker. 10. Cubic measurements (approx.) ______several blank spaces on the prescribed (2) Articles and materials to be ex­ 11. If in package, Indicate number and form. ported under General License GUS. kind ______(3) Where the application is for goods 12. Merchandise: (If this shipment is made to be shipped under general license, the (b) §§ 808.5 to 808.7, inclusive, shall under an export program or export proj­ general license number shall be placed not apply to any shipment of any article ect license (S. P.) list on the reverse of in the blank space requiring a license or material licensed for export when the this form a detailed schedule of all articles gross weight of the particular shipment contained In the shipment, Including the number. (even though it is a partial shipment of appropriate Department of Commerce (4) Where no shipping rating has been a larger licensed quantity) is less than Schedule B number). designated for an outstanding license, 13. Check whichever is applicable: This is a no entry shall be made in the space pro­ 2,240 pounds. complete shipment ( ), This is the vided for such rating. § 808.3 Space allocation for shipment first ( ), an intermediate ( ), the (5) In answer to the question pertain­ of material weighing under 2,240 pounds. final ( ), partial ( ) shipment of ing to gross weight and cubic measure­ Bookings for shipment of material weigh­ merchandise authorized under the License ment (if shipped on a measurement ing under 2,240 pounds will be made ( >• basis) if exact figures -are not ascertain­ by the ship operator directly with the 1 Incorporated in this document. able, an approximation may be made. 5268 FEDERAL REGISTER, Friday, July 10, 1842 (6) In the case of general (including § 809.3 By whom assigned. The Ex­ GROUP 0—ANIMAL PRODUCTS, INEDIBLE in-transit), individual, and unlimited li­ port Control Branch will assign shipping censes, the description of merchandise priority ratings. Sched­ Ship­ ule “B” Commodity ping shall be stated in the same terms re­ § 809.4 When assigned, (a) Shipping No. rating quired for description of articles and ma­ priority ratings will be assigned at the terials in applications for individual time of the issuance of an export license 0645.1 Men’s boots and shoes, McKay sewed, licenses. leather uppers...... C and will appear thereon, except as to 0645.3 Men’s boots and shoes, welt, leather § 808.7 Notice permitting movement articles and materials exported under uppers___...... C 0645.4 Men’s boots and shoes, stitchdown, to port. Notice of tentative freight book­ general licenses. leather uppers______. —______c ing and the Office of Defense Transpor­ (b) When articles and materials are 0646.9 Men’s boots and shoes, other, leather uppers.i...... -...... -...... c tation Unit Permit Number permitting to be exported under an export program 0646 Youths’ and boys’ boots and shoes, shipment to the port of exit, (except or export project license (S. P.) shipping leather uppers—...... c when already at such port, in which cases priority'ratings will be assigned at the 0647.1 Women’s and misses’ boots and shoes, McKay sewed, leather uppers_____ c no permit number will be issued), will time of the issuance of the S. P. license 0647.2 Women’s and misses’ boots and shoes, be contained in the same document for all articles and materials covered turn or turned, leather uppers_____ c 0647.3 Women’s and misses’ boots and shoes, which will be forwarded to the person thereby, including articles and materials welt, leather uppers-______c designated in the application. The sub­ under general license. 0647.4 Women’s and misses’ boots and shoes, sequent procedure for delivery of this stitchdown, leather uppers______c § 809.5 Order of precedence. Ship­ 0647.5 Women’s and misses’ boots and shoes, document to the carrier and actual ar­ cemented sole, leather uppers_____ c rangements for shipment to port of exit ping priority ratings will have the follow­ 0647.9 Women’s and misses’ boots and shoes, ing order of precedence: “AA”, “A”, “B”, other, n. e. s. leather uppers.--...... c shall be as prescribed in appropriate reg­ 0648 Infants’ and children’s boots and shoes, ulations of the Office of Defense Trans­ “C", “D”. leather uppers...... ■...... c 0650 Slippers (for housewear, all leather)... c portation and War Shipping Administra­ § 809.6 Ratings assigned articles and 0656.1 Leather soled boots and shoes, other tion. materials under general licenses, (a) than leather uppers...... c 0656.9 Other boots and shoes, other than § 808.8 Confirmation of space by ship The following ratings are assigned to leather soles or uppers———______c articles and materials currently under 0659 Discontinued models, old styles, and operator. A notice of tentative freight general license: secondhand shoes. — ...... Ç booking is not allocation for a specific 0672 Leather gloves and mittens.—. . ____ c 0688 Women’s and children’s leather hand­ ship. The allocation shall become effec­ GROUP 00—ANIMALS AND ANIMAL bags, pocket books, and purses____ D tive only when confirmed by the ship PRODUCTS, EDIBLE Women’s and children’s handbags, pocket books, and purses, other___ D operator to the person to whom the no­ 0692 Leather card cases, change purses, wal­ tice was issued, and the allocation may Sched- Ship- lets, and similar articles.—______D ule“B” Commodity Plug 0693 Card cases, coin purses, etc., other than be cancelled, modified or otherwise reg­ No. rating leather.....—...... D ulated or controlled by proper authority. 0695.1 Luggage and related articles, leather.. D 0695.9 Luggage and related articles, other § 808.9 Validity of allocation. Allo­ 0010 Cattle for breeding...... D materials__ 1...... ______D 0012 Other cattle______D 0697.1 Belts to be worn on the person, leather. D cation of space shall be valid only during 0013 D 0697.9 Belts to be worn on the person, other the life of the export license upon which 0016 D materials.______D such allocation was made. 0019 Poultry, live...... D 0698.9 Leather wearing apparel...... D 0020 Fresh or frozen beef and v eal______B 0699 Other leather manufactures...... D 0021 Pickled or cured beef and veal...... B 0711 Civet cat, Undressed...... —...... D § 808.10 Effective date. The regula­ 0022 Horse meat...... D 0713 Silver and black fox, undressed.—.___ D tions set forth in this Part 808 shall be­ 0027 Pork, fresh or frozen______B 0714 Red fox, undressed'.______. ___ D 0028 Pork, ham and shoulders, cured...... B 0716 Fox. other, undressed.._____ ...... D come effective on July 6, 1942, except 0029 B 0718 Muskrat, Northern, undressed...... D §§ 808.3, 808.4, 808.7 and 808.8 which 0030 Cumberland and Wiltshire sides____ B 0719 Muskrat, Southern, undressed...... D shall become effective August 1, 1942. 0032 Pork, other, pickled or salted...... B 0721 Raccoon, undressed...... D 0034 B 0722 Skunk, undressed...... D 0035 Sausage, not canned...... B 0723 Opossum, undressed...... D PART 809— SHIPPING PRIORITY RATINGS 0036.15 Canned corn beef, beef hash, and ham- 0725 Mink, undressed______D burger steak in tins or glass...... B 0729 Other undressed furs...... P Sec. 0036.18 Canned roast, and boiled beef...... B 0733 Silver and black fox, dressed or dyed__ D 809.1 When required. 0036.9 Beef, canned, other...... B 0737 Muskrat, dressed or dyed...... D 0037 Pork, canned...... B 0744 Fur-seal, dressed or dyed______D 809.2 When not required. 0038 ■ Sausage, canned______B 0749 Furs, other, dressed or dyed______.. D 809.3 By whom assigned. 0039 Meat, other, canned...... B 0753 ■Fur wearing apparel...... — D 809.4 When assigned. 0040 Poultry and game, fresh...... B 0758 Fur waste, fur pieces, and damaged fur 809.5 Order of precedence. 0041 Kidneys and liver, fresh, frozen or Skins______...„I—____—— D B 0759 Für manufactures, other______D 809.6 Ratings assigned merchandise under 0043 Tongues, fresh, frozen, pickled or cured. B 0900 Horses for breeding...... D general license. 0044 Sausage ingredients, salted or other- 0901 Horses, other...... D 809.7 Rating assigned under certain out­ wise cu red ...... B 0903 Mules, asses and burros....._...... D standing licenses. 0045 Meats, other, n. e. s______.-______D 0909 Other live animals...... D 0060 Milk and cream, fresh and sterilized.. D 0961 F Mother of pearl shells, unmanufactured. D 809.8 Appeals for higher ratings. 0061 Milk and cream, condensed and sweet- 0999.98 Other animal products, inedible...... O B Authority : §§ 809.1 to 809.8, Inclusive, 0062 Milk and cream, evaporated and un- issued under sec. 6, 54 Stat. 714, Public Law sweetened______... B GROUP I—VEGETABLE FOOD PRODUCTS 75, 77th Cong., Public Law 638, 77th Cong.; 0063 Dried whole milk and partially AND BEVERAGES Order No. 3, Delegations of Authority Nos. 25 skimmed______.*...... B and 26, 7 P.R. 4951. 0064 Milk, skimmed d ried ...______B 0067.5 Cheese, processed, blended, and GRAINS AND PREPARATIONS § 809.1 When required. No shipment B 0067.9 Cheese, other______B 1011 Barley...... —...... — D by sea freight of any of the articles or 0069 Infants’ foods, malted milk, etc_____ B C 0071 Fish, fresh, other than salmon______D 1013 M alt._...... —. materials set forth in § 801.2 of this sub­ 1021 Buckwheat...... D 0072 Oysters, fresh in the shell...... -D 1031 Corn...... B chapter shall be made to any of the desti­ 0073 Oysters, fresh, shucked, frozen, or in 1032 Cornmeal______—...... B nations listed in § 808.1 under any type D 1033 Hominy and com grits...... B 0074 Shrimp, fresh, frozen, or in ice...... D 1036 Kafir and milo...... D of license unless a shipping priority rat­ 0075 Shrimp, dried...... C 1037 Corn cereal foods, ready to eat______ing has first been assigned for such ship­ 0078 Cod, haddock, hake, pollock, cusk___ B 1041 Oats...... !...... 0079 Fish, salted, pickled, or dry cured, 1043 Oatmeal, groats, and rolled oats, in ment, except as provided in § 809.2. B B 0087 Shrimp, canned...... D bulk (sacks or bags)...... § 809.2 When not required. No ship­ 0088 Shellfish, other, except shrimp eanned. D 1044 Oatmeal, groats, and rolled oats, In D packages (cases and cartons)....___ B ping priority rating shall be required for 0089 F Clams and oysters— ...... 1Q55 Paddy or rough rice...... B 0090 Fish and fish products, other, n. e. s— D 1057 Milled rice, including brown rice, the shipment of : 0092 Ï) B 0093.06 Egg products, dried______B broken rice and rice screenings__... B 1058 Rice flour, meal and polish______B (a) Liquid articles or materials licensed 0093.07 Egg products, frozen...... 1061 Rye...... B 0093.98 Egg products, otherwise preserved___ B B for export to be shipped in bulk by 0094 Meat extracts and bouillon cubes___ _ B 1071 Wheat...... D 1073 Wheat flour, wholly of United States tanker. 0095 wheat...... B 0095 F Egg albumen...... D B 0099 Animal products edible, other, n. e. s .. D 1074 Other wheat flour______(b) Articles and materials to be ex­ 1077 Macaroni, spaghetti, noodles, vermi­ ported under General License GUS. celli, and macaroni products------B FEDERAL REGISTER, Friday, July 10, 1942

1— v e g e t a b l e f o o d p r o d u c t s GROUP 1—VEGETABLE FOOD PRODUCTS GROUP 3—TEX TILE FIBERS AND &.ND BEVERAGES—Continued AND BEVERAGES—Continued MANUFACTURES

{Sched­ Ship­ Sched- Ship­ Sched­ ule "B* Commodity ping ule“B” Commodity ping ule “B” Commodity No. rating No. rating No.

GRAINS AND PREPARATIONS----COn. NUTS 3002 Raw cotton other, inches and over. 3003 Raw cotton upland, under 1J£ inches. 1078 Biscuits and crackers...... B 1374 Apricot and peach pits and kernels__ D 3008 Cotton rags, except paper stock_____ 1080 Wheat cereal foods, ready to eat (in­ 1376.1 Pecans, shelled.______D 3009 Cotton batting, unglazed wadding, clude Shredded, Puffed, and Flaked 1376.5 Pecans, not shelled______D carded cotton and roving...... Wheat, Triscuit, Force, Krumbles, 1377.1 Walnuts, shelled______D 3010.3 Cotton hard wastes of yarns and Wheaties, Kellogg’s Pep, and other 1377.5 Walnuts, not shelled______D threads, including wiping______wheat and bran preparations)^...... B 1379 Other nuts, except cashews______D 3010.4 Cotton card strips______1081 Wheat cereal foods, to be cooked (in­ 3010.5 Comber waste______clude Cream of Wheat, Farina, SUGAR AND RELATED PRODUCTS 3010.6 Other soft wastes______Wheatena, R a ls to n , Pettijohns, 3015 Cotton Sewing Thread__ *______Wheathearts, etc.)______B 1639 Chewing gum. C 3016 Crochet, darning,'and embroidery 1090 Wheat Semolina______B 1643 Glucose liquid. C cotton...... 1095 Cereal foods,.n. e. s...... B 1644 Glucose, dry.. C 3017 Cotton tire cord on cones or warps___ 1099 Other grains and preparations...____ D 3018 Cotton twine, roDe, and cordage.------BEVERAGES 3020 Unbleached cora tire fabric.-. ______PODDERS AND FEEDS 3021 Other unbleached tire fabrics...... 1101 Hay...... ! D 1701 Malt extract and malt sirup______O 3031.1 Gray drills, twills, and warp sateens, 1115 Cottonseed cake...... I D 1702 Malt liquors in bottles...... O 40 inches wide and narrower__— 1116 Linseed cake______I D 1703 Malt liquors in cans______C 3031.2 Gray sheetings, 40 inches wide and 1119 Oil cake, other...... D 1704 Malt liquors in other containers...... C narrower______1121 Cottonseed meal...... D 1714 Rum______D 3033.1 Gray drills, twills and warp sateens, 1122 Linseed meal______'..... D 1716 Whiskey...... ——...... O wider than 40 inches...... 1123 Babassu cake and meal______D 1719 Other distilled liquors and compounds 3033.2 Gray sheetings wider than 40 inches... 1124 Soybean oil cake meal____ ..... ____ D containing spirits_____.... ______O 3036 Tobacco and cheese cloth 36 x 32 count 1129 Oil cake meal, other______D 1750 Wines...... „ ____ D and lower construction...... 1140 Fish meal for feed...... D 1761 Mineral water, natural and artificial... D 3037 Other printcloth yarn fabric construc­ 1180 Mixed feeds for poultry and dairy__ _ D 1766 Sirups and flavors for beverages_____ D tion above 36 x 32 count______1182 Oj;s$er shells______D 1772 Pineapple juice______D 3039 Other gray cloth, n. e .»...-...... 1185 Mixed and prepared feeds, other____ D 1775 Grapefruit juice______D 3040 Bleached drills, twills and warp sa­ 1187 Rolled barley for feed to Hawaii only.. D 1776 Orange juice...... D teens, 40 inches wide and narrower.. 1180 Wheat feeds, bran middlings, etc...... D 1779 Other fruit juice______D 3041.1 Drills, twills, and warp sateens, 40 1199 Feeds, other, including apple pomace.. D 1780 Other beverages______D inches wide and narrower, dyed in the piece...... VEGETABLES AND PREPARATIONS 3041.2 Printed drills, twills, and warp sateens, GROUP 2—VEGETABLE PRODUCTS, INED­ 40 inches wide and narrower...... 1201.1 Beans, dried, except seed______B IBLE, EXCEPT FIBRE AND WOOD 3042.1 Bleached sheeting, 40 inches wide and 1201.5 Seed beans______B narrower______1202.1 Dried peas, except seed______B 3042.2 Piece dyed sheeting, 40 inches wide and 1202.5 Seed peas------_ ------B DRUGS, HERBS, LEAVES AND ROOTS narrower______..... 3043 Printed sheeting, 40 inches wide and FRESH VEGETABLES 2201 Cascara bark (if exported under $100 narrower...... medicinal general license)...... B 3045.1 Finished drills, twills, and warp 1207 Beans______Q 2205 Ginseng (if exported under $100 medic­ sateens, wider than 40 inches______1208 Onions______inal general license)______B 3Ò46.1 Sheeting bleached, wider than 40 1209 Peas, green______0 2206 Mandrake root (if exported under $100 inches...... 1210 Peppers...... medicinal general license)______B 3047.1 Sheeting dyed and printed over 40 1211 Potatoes, white______B 2209.98 Crude vegetable drugs, n. e. s. (if ex­ inches______1213 Tomatoes...... O ported under $100 medicinal general 3048 Carded broadcloth bleached______1224 Other fresh vegetables_____ O license)-.-______.... ------B 3049.1 Carded broadcloth dyed in piece____ 3049.2 Carded broadcloth printed—______VEGETABLES, CANNED SEEDS, EXCEPT OILSEEDS 3050 Cheese cloth and gauze, bleached or dyed...------1241 Asparagus___...... I ______B 2401 Alfalfa seeds______C 3051.1 Printcloth bleached______1242 Baked beans, and pork and beans___ B 2402 Red clover seeds______o 3052.1 Printcloth dyed in piece...... ____ 1243 Com______.... ___ B 2405 Clover seeds other______C 3052.2 Printcloth JmntedrrTT. — ...... ; 1244 Peas______B 2406 Timothy seeds...... c 3056.1 Cotton flannels, bleached or colored... 1245 Soups (include vegetable, meat and 2407 Kentucky blue grass seeds______o 3055.9 Other napped cotton fabrics in the fish soups)______B 2408 Red top seeds______C piece______... _____ 1246 Tomatoes______B 2419 Grass and fleld seeds other______C 3057 Denims colored______1247 Tomato-paste and puree______B 2467 Flower seeds______c 3058 Suitings, twill-coverts, cottonades___ 1248 Tomato juice______B 2468.5 Carrot seeds______„______o 3060 Chambrays, cheviots, and shirtings... 1249 Other canned vegetables and juices... B 2468.9 Vegetable seeds other, except fennel 3061 Other colored yam fabrics, n. e. s...... 1250 Pickles...... O seeds..______c 3067 Voiles, Organdies, lawns and batiste, 1251 Ketchup, chili sauce, and other tomato O combed.....______table sauces. NURSERY AND GREENHOUSE STOCK 3070 Piques, combed______:___ ... 1252 F Pickles, sauces and relishes______C 3073 Marquisettes, combed______1252.1 Mayonnaise and salad dressings...... D 2535 Flowers and foliage, cut, fresh, pre­ 3074 Other combed and carded goods, n. e. s. 1252.9 served...... D Cotton and wool mixtures, eotton chief Other sauces and relishes______D 2599 Nursery or greenhouse stock, all other.. D 3076 1253 Vinegar______O value____ —___i . __*___.-______1256 Y east...'.______B 3079 Cotton and rayon mixtures, cotton 1259 Other vegetable preparations______C TOBACCO AND MANUFACTURES chief value...... ______... 1229 F Farinaceous substancesL______B 3Ö80 Cotton knit fabric in piece...______2601 Bright flue cured leaf tobacco______C 3082 Cotton table damask In piece.....___ FRESH FRUITS 2602 Burley leaf tobacco...... C 3084 Tapestry and other upholstery and 2603 Dark fired Kentucky and Tennessee drapery materials, jacquard and 1303 Grapefruit______D leaf tobacco______c dobby-woven____ :______1303 Lemons and limes______D 2604 Dark Virginia leaf tobacco______c 3087 Cotton plushes______1305 Oranges______D 2605 Maryland and Ohio export leaf tobacco. o 3088 Other cotton pile fabrics______1307 Pineapples...... D 2606 Green River leaf tobacco______.... Ç 3089.5 Cotton remnants and fabrics, n. e. s. 1306 F Olives______D 2607 One sucker leaf tobacco...... c sold by the pound______1309 Cherries______i: D 2608 Black fat, Waterbaler, and dark 3090 Cotton handkerchiefs...... 1310 Apples in baskets______D African leaf tobacco______c 3091.1 Cotton work gloves, mits, and gaunt­ 1311 Apples in boxes...... -j; D 2611 Cigar leaf.______..... ______c lets, fabric______.".______1312 Apples in barrels...____.-j, D 2616 Perique leaf tobacco____ ; ______c 8091.2 Cotton dress gloves and all other..—.. 1313 Berries______i. D 2617 Tobacco trimmings and scrap..._____ o 3093 Cotton hosiery, women’s___ ^______1314.1 Watermelons______as D 2618 Tobacco stems...... c 3094 Cotton hosiery, children’s_____ ...... 1314.5 Other melons______D 2620 Cigars and cheroots_____.. ______Ç 3095 Cotton hosiery, men’s..'.___ .... 1315 Grapes______D 2622 Cigarettes______c 3096.05 Cotton underwear knit, men’s______1316. Pears______D 2623 Chewing tobacco, plug, and other____ c 3096.98 Cotton underwear knit, boys’...... 1317 ' Peaches...... D 2624 Smoking tobacco...... c 3097 Cotton underwear knit, women’s and 1318 Prunes and plums___ ..... D 2629 Tobacco manufactures other______c children’s...... 1319.1 Apricots______D 3098 Cotton nightwear knit, women’s and 1319.9 Other fresh fruits______D MISCELLANEOUS VEGETABLE PRODUCTS children’s...... n...... 3099.15 ’ Cotton knit sweaters, jersey pullovers DRIED AND EVAPORATED FRUITS 2811 Cornstarch and com flour______B and sweatshirts, men’s______... 2813 Other starch______B 3099.19 Cotton knit sweaters, jersey pullovers 1320 F Dates, dried______D 2931 Broomcom...______... D and sweatshirts, boys’..______2935 Brooms____ ...... ______D 3099.60 Cotton knit sweaters, shawls, and CANNED FRUITS 2951 Hops______C mufflers, women’s and children’s__ 2999.88 Other inedible vegetable products. O 3099.95 Other men’s cotton knit apparel, n. e. s. 1850 Other fruit preparations______...... D 3099.98 Cotton knit apparel,n. e. s.except men’s 5270 FEDERAL REGISTER, Friday, July 10, 1942

GROUP 3—TEXTILE FIBERS AND GROUP 3—TEXTILE FIBERS AND GROUP 4— WOOD— Continued MANUFACTURES—Continued MANUFACTURE S— Continued Ship­ Sched­ Ship­ Sched­ Ship­ Commodity ping ule “B” Commodity ping ule Commodity ping No. rating No. rating No. rating 4242 D 3113.05 Cotton woven jackets and windbreak- 3951 Hats, fur felt, men’s and boys’...... D " 4244 Wood office furniture and store O 3952 Hats, fur felt, women’s and girls’. . ___ D D 3113.98 Cotton woven jackets and windbreak- 3953 Hats, wool-felt______D 4247 Wood furniture, other, chief value of ers, boys’...... 0 3957 Hats, caps and berets, knit and D 3114 Cotton overalls, breeches, pants, aprons crocheted...... D 4248 Wood furniture, other, chief value of and men’s work clothing, n. e. s---- 0 3958 Other hats, caps, and berets of woven D 3115.05 Cotton woven nightwear, men’s...... c D 4260 0 3115.98 Cotton woven nightwear, boys’_____ c 8963 Artificial or ornamental flowers, fruits, 4285 B 3116.15 Cotton underwear woven, men’s____ c vegetables, grasses, grains, leaves, 4286 Hoe, fork, shovel, and other long 3116.19 Cotton underwear woven, boys’------c stems, or parts thereof, of all mate- B 3117.1 Cotton work shirts, woven...... 0 D 4288 B 3117. 25 Other cotton shirts, woven, men’s (ex- 3970.98 Mattresses, cotton, moss, and hair---- D 4291 D cept knit)...... o 3980 Absorbent cotton, gauze, and steri- 4292 D 3117.29 Other cotton shirts, woven, boys’ (ex- lized bandages...... — !------B 4268 D cept knit)...... 0 8999 Textile manufactures, other, n. e. s— O 4299 O 3120.05 Other cotton clothing of woven fabrics, n. e. s. men's...... _...... -...... 0 3120.98 Other cotton clothing of woven fabrics, GROUP 4— WOOD GROUP 5—NONMETALLIC MINERALS c 3122 Cotton dresses and ensembles, women’s 0 3124 Cotton woven underwear and night- 4001 Ash and Hickory logs and timber----- D PETROLEUM PRODUCTS wear, women’s and children’s, not 4002 Cottonwood and aspen logs and tim- c D 6011.98 Other crude oil, not conforming to 3127 Cotton outerwear, children’s, not knit. c 4004 Walnut logs and timber------P specifications in 5011.03 and 5011,07.. B 3129 Cotton woven apparel, n. e. s. .women’s 4006 Hardwood burls______D 5017.07 Other motor fuel and gasoline from and children’s...... c 4009 Other hardwood logs and timber...... D which by commercial distillation 3140 Cotton woven belting for machinery.. B 4026 Railroad ties, hewn creosoted or other- there can be separated more than 3 3160 Cotton braids, ribbons, trimmings. wise treated...... B percent of a total fraction having an bindings, lacings, tape-labels, and 4029 Railroad ties other than treated...... B A. S. T. M. end point of 300° F. Creosoted piling.. ______B which will have, with the addition of webbing...... -...... 0 4031 3 cc tetraethyl lead per gallon, an 3161 Cotton narrow fabrics, other, n. e. s... c 4032 Piling other than creosoted— ...... B Telegraph, trolley and electric-light octane number by the A. S. T. M. 3171 Cotton blankets...... c 4034 knock-test method of 80 or more.--.. B 3173 Cotton quilts, comfortables and quilted B Firewood and other unmanufactured 5017.98 Other motor fuels and gasoline not bed-pads______0 4039 conforming to specifications in 3175 Cotton bedspreads, oandlewick, che- D Hardwood sawed timber______D 5016.05, 5016.98, and 5017.07...... B nille, and tufted...... — D 4079 B 3176 Cotton bedspreads, plain, crinkle, 4085 Other sawed timber creosoted or other- 5033 Lubricating oil, red and pale------dobby and Jacquard woven------D wise treated...... D 5034 Lubricating oil, black------B Cotton bed sheets and pillow cases---- C 4108 Redwood boards, planks, and scant- 5035.1 Cylinder lubricating oil, bright stocks. B 3178 D 5035.2 Cylinder lubricating oil, steam refined 3181 Cotton curtains and draperies------D B 3185 Cotton laces, embroideries and articles 4117 Ash Boards, planks, and scantlings— D stocks...... -...... -...... : Birch, beech, and maple boards, 5038 Insulating or transformer oils...... B thereof, n. e. s . ------D 4118 Light lubricating oils in small pack­ 3187 Terry woven towels, wash cloths and planks, and scantlings______D 5039 Chestnut boards, planks, and scant- ages—...... B bath mats...... - — O 4119 - B 3188 Cotton huck, damask and plain woven D 5040.98 Lubricating oils, n. e. s------Cottonwood boards, planks, and 5041 Lubricating greases------— B towels and toweling...... C 4120 Petroleum products, n. e. s— ...... — B 3189 Cotton housefurnishings, other, n. e. s. O scantlings------D 5059 3199 Cotton manufactures, other, n. e. s---- C 4121 Gum, red and sap boards, planks, and 3675 Wool knit bathing suits...... -...... C scantlings______D GLASS AND GLASS PRODUCTS 8679 Other wool knit wearing apparel------O 4122 Gum, túpelo and black boards, planks, 8680.05 Wool overcoats, suits, and pants, men’s C D 5212 Plate glass...... -,...... Hickory boards, planks, and scant- 6215 Cylinder crown and sheet glass------8 3680.98 Wool overcoats, suits, and pants, boys’ C 4123 Laminated glass and manufactures 3681 Wool clothing, women’s and children’s C D 5217.9 Oak boards, planks, and scantlings... C other than bulletproof glass...... — D 3689 Woo! and mohair manufactures, other. C 4124 D 3696.5 Hair waste and scrap hair---- 1...... D 4125 Poplar boards, planks, and scantlings. D 5218 Rolled glass...... ; ...... 3697 Hair felt and hair felt manufactures... D 4126 Walnut boards', planks, and scant- 5220 Rolled, cylinder* crown, and sheet D glass, obscured by coloring prior to 3699 Hair manufactures, other, n. e. s.----- D solidification, not less than J4 inch 3842 Thread and yam for sewing, embroi- 4127 Mahogany boards, planks, and scant- dering, hand-knitting and crochet- D in thickness----- , ------B 4128 Magnolia boards, planks, and scant- 5230.98 Glass, other...... — ...... — 8 8848 Rayon knit fabric in the piece...... C D 5232 Glass containers, unfilled, pharmaceu­ 3849.2 Rayon woven, upholstery and dra- 4131 Oak flooring______C tical and proprietary ware, including Other hardwood flooring______D prescription bottles, ampoules, and pery fabrics wider than 42 inches 4132 B (except pile)------D 4134 Wagon-oak planks______O vials...... -...... 3849.9 Rayon remnants and mill ends...... C 4136 Small hardwood dimension stock ex- 5234 Beverage bottles, including soda, beer, cept squares...... D and alcoholic-beverage bottles...... D 3850 Rayon house furnishings------D D 3852 Rayon woven dresses, skirts, blouses 4137 Oak squares...... D 5236 Other unfilled glass containers...... and other outer wear for women and 4138 Hardwood squares other than oak...... D 5237.1 Machine-made tumblers, drinking O 4139 Other hardwood board, planks, and glasses and stemware, plain, cut, 3853.1 Rayon knit or crochet dress and en- scantlings...... D engraved, or otherwise decorated---- D 0 4140 White ponderosa, and sugar pine box 5237.2 Hand-made tumblers, drinking glasses 3853.2 Rayon knit outerwear, n. e. s. women’s O and stemware, plain, cut, engraved, and children’s______O 4141 Southern pine box shooks______O or, otherwise decorated-...... D 8854.9 Hosiery, other synthetic textiles, 4142 Hemlock and spruce box shooks...... C 5239.1 Machine-made table glassware, n. e. s., women’s and children’s------O 4143 Gum box shooks...... O plain, cut, engraved, or otherwise 3856 Synthetic textile socks, men’s...... O 4149 Other box shooks______Ö decorated...... -...... - - - - D 3857.1 Rayon knit underwear...... O 4156 Railroad ties, sawed, creosoted or 5239.2 Hand-made table glassware, n. e. s., otherwise treated...... B plain, cut, engraved, or otherwise 3857.2 Rayon woven underwear------O D 3857.7 Rayon knit or woven sleeping and 4159 Other railroad ties, sawed...... B decorated...... lounging garments...... O 4201.1 Tight staves, new...... B 5255 Lamp chimneys and lantern globes— O Tight staves, used...... ,______B 5261 Globes and shades for lighting fixtures. C 3858.1 Rayon ribbons...... c 4201.5 B 3903 Felt base floor coverings...... D 4202 Slack staves...... B 5291 Chemical glassware...... —...... 4203 B 5292 Electric insulators of glass______B 3911 Oilcloth for shelf, table and wall...... c D 3913 Window-shade doth...... Û 4204 Slack heading...... B 5299 Glassware, other------3914.1 Book cloth, pyroxylin coated or im- 4205 Tight shooks...... ¿____ B pregnated...... — O 4206 Slack shooks...... B CLAY AND CLAY PRODUCTS Tight empty barrels, casks, and hogs- 3914.2 Book cloth, starch-filled______O 4209.1 B 3915 Pyroxylin coated or impregnated heads, new______O 5303 Fire play...... -...... O 4209.5 Tight empty barrels, casks, and hogs- 5309 Other clays (include fuller’s earth)— O 3917 Other coated or impregnated fabrics, heads, used...... C 5320 Pottery , table and kitchen articles and c 4213 Plywood, other than Douglas fir.____ D utensils------D 3918 Waterproof outer garments...... c 4215 Veneers, fancy face or figured______D 5332 Pottery, closet bowls and water-closet 3921 Corsets, brassieres, and girdles...... c 4216 Veneers, utility or commercial...... D sets...... O 3928 Neckties, cravats, mufflers and scarfs, 4221 Veneer packages for fruits and vege- 5333 Pottery, lavatories, sinks, etc...... - O of all fibers...... 0 O 5334 All other pottery sanitary fixtures and 3940 Hat braids, strips and sheets of natural 4222 Lath wood------D fittings, and parts, n. e. s...... O fibers or synthetic textiles______. D 4225 D 5335 Electrical porcelain for less than 6600 3942 Hats and hat bodies of straw, palm 4226 Doors, wood...... D volts...... -...... -- B 4228 D 5336 Electrical porcelain for 6600 volts and leaf, etc. harvest...... D B 3944 Hats and hat bodies of straw, palm 4230 Venetian blind wood slats...... P over...... -...... D 5338 Pottery, other______D leaf, etc. other, sewed______D 4231 Venetian blinds, wood...... B 3945 Hats and hat bodies of straw, palm 4232 Sash and blinds, n. e. s., wood...... D 5363 Silica brick, standard 9-inch series---- leaf, etc. other, woven______D 4239 Other mill work and house fixtures----- D 5364 Silica brick, other shapes..^...... — B FEDERAL REGISTER, Friday, July 10, 2942 5271

GROUP 5—NONMETALLIC MINERALS—Con. GROUP 9—MISCELLANEOUS GROUP 9—MISCELLANEOUS—Continued

Scbed- Ship­ Sched­ S hip­ Sched­ Ship­ iile“ B” Commodity ping u le “ B ” C o m m o d ity p in g ule “ B” Commodity ping No. rating N o. ratin g No. rating

CLAY AND CLAY PRODUCT^—COn. PHOTOGRAPHld AND PROJECTION GOODS JEWELRY

5366 Fire-clay brick, standard 9-incb series.. B 9121.2 Motion-picture film, exposed, nega- 8627 Men’s jewelry of materials other than 5367 Fire-clay brick, all other shapes...... B tive, features, 35 mm. (4,000 linear metal (synthetic resin, cellulose com­ 5368 Fire brick, other...... B feet or over)______A pounds, etc.).--...... i...-.___ D 5369 All other brick...... D 9121.3 Motion-picture films, exposed, nega-' 6628 Women’s jewelry of materials other 6370 Earthen floor and wall tiles...... D tive, features, 16 mm. (1,600 linear than metal (synthetic resin, cellu­ 5375.98 High temperature or refractory ce- feet or over)..... ______.’_____ A lose compounds, etc.)______D ment, other...... D 9121.4 M otion-picture films, exposed, nega- 9629 Other articles, except jewelry,' of ma­ 5379.05 Clay roofing tile, structural clay and tive, short subjects, 35 mm. (less terials other than metal (synthetic hollow tiles, sewer pipes, and con- than 4,000 linear feet)...... A resin, cellulose compounds, etc.).... D D 6121.6 Motion-picture film, exposed, nega- 5379.98 Terra cotta and ceramic manufactures, tive, short subjects, 16 mm. (less MISCELLANEOUS D than 1,600 linear feet)______A 9121.7 M otion-picture film, exposed, nega- 9693 Asphalt roofing...... C OTHER NONMETALLIC MINERALS tive, newsreels______A 9699 Other composition roofing, n. e. s____ C 9121.8 Motion-picture film, exposed-, nega­ 6791 Incandescent m antles....___«i„____ B 5406 Grindstones (include pulpstones)____ D tive, trailers, inserts and replace- 9792 Lanterns, wick__..___,__._._i______B 5470 Natural asphalt and bitumen, un- A 9793 Gasoline pressure lamps, lanterns, and manufactured...... D 9121.9 Motion-picture film, exposed, nega- parts—...... —______B 5471 Natural asphalt and bitumen, manu- B 9794 Other lamps, except electric______C factures, n. e. s______D 9122 Motion-picture film, exposed, nega- 9799 Other lighting devices, except glass . 5483 Gypsum, crude, crushed or ground__ D tiv e , so u n d t r a c k .______A and parts, n. e. s______... C 5484 Gypsum, calcined...... C 9123.2 Motion-picture film, exposed, positive, 9800 Matches___r: ______...... C 5485 Gypsum plaster board and wall board.. C features, 35 m m . (4,000 linear feet or 9821 Sponges, natural or synthetic.___.... D 5487 Other gypsum and manufactures of... D A 9827 Combs, except wholly of metal or 5714 B 6123.3 Motion-picture film, exposed, positive, rubber___—...... C 5715 Sulphur, crushed, ground, refined, fe a tu re s, 16 m m . (1,600 lin e a r feet or 9828 Tobacco pipes of all materials______D sublimed, and flowers...... B A 9829 Other smokers’ articles______;_____ D 5724 Salt ...... B 9123.4 Motion-picture film, exposed, positive, 9831 Umbrellas and parasols...... D 5880 Charcoal (except animal charcoal or short subjects, 35 mm. (less than 9846 Soda-fountain equipment and bar sup­ bone char, deodorizing decolorizing, 4,000 linear feet)...... A plies______D and gas-absorbing carbons)______D 9123.6 Motion-picture film, exposed, positive, 6849 Fishing tackle and equipment suitable 5960.98 Other nonmetallic mineral products short subject,16 m m . (less than 1,600 only for commercial fishing.....___ B except precious...... b linear feet)...... =______A 9853 Shoe findings (except leather and 9123.7 M otion-picture film, exposed, positive, rubber)...______C new sreels...... A 9860 Trunks...... D 9998.1 Food for relief or charity...... B GROUP 6—METALS & MANUFACTURES, 9123.8 M otion-picture film,exposed, positive, EXCEPT MACHINERY AND VEHICLES trailers, inserts and replacements___ A 9998.2 Clothing for relief or charity...... B 9123.9 M otion-picture film, exposed, positive, 9998.3 Blankets and bedding fen relief or B charity__ .... ______B 9124 M otion-picture film, exposed, positive, Drugs and biological supplies for relief 6958 Silver plated knives, forks, and steak sound track ______A or charity______B D Surgical, sanitary and hospital sup­ 6959 Silver plated ware, other______D OFFICE SUPPLIES, MISCELLANEOUS plies and equipment for relief or charity______...... ______B 9301 Pencils, mechanical, of plastic mate- 9998.9 Other commodities for relief or charity. B GROUP 8—CHEMICALS AND RELATED r i a l ..______... ______D Commodities exported pursuant to PRODUCTS 6302 Pencils, mechanical,' except plastic general licenses n. e. s. (including m a te r ia l..______D exportations under the $25 general 9304.1 Pencils, not mechanical, black lead... C license, etc.)...... __ ..... ______D COAL TAR PRODUCTS 9304.2 Pencils, not mechanical, other______C 9305.3 Leads, pencil...... C 8060 Vanillin __ . _ ... . O 9305.5 Pencil parts ______C 9306 C ray o n s______C (b) If articles and materials under MEDICINAL AND PHARMACEUTICAL 9309 Fountain and stylographic pens of general license are to be exported under PREPARATIONS plastic material...... C 9310 Fountain and stylographic pens, ex- an export program or export project 8111- If exportable under the $25 or $100 cept plastic material...... c license (S. P.), the ratings in § 809.6 (a) 8180.98 general licenses______B 9312 Fountain and stylographic pen parts.. c shall not apply, but all articles and ma­ 9315 M e ta llic p en p o in ts ______... ____ c CHEMICAL SPECIALTIES 9319 Other penholders and parts ______D terials shipped under such S. P. license 9321 W ritin g in k ...... C shall have the rating assigned to such 8230 Baking powder______B 9329 O th e r in k , n . e. s ______C 8234 Tobacco saucing or extract for flavor- 9391 Paste and mucilage...I______C S. P. license. ing tobacco...... C 9395 Typewriter ribbons ____ B 8295.5 Natural flavoring extracts...... C § 809.7 Rating assigned under certain 8295.6 Synthetic flavoring extracts...... C BOOKS, MAPS, PICTURES, AND OTHER outstanding licenses. A shipping priority 8299.6 Licorice extract and mass...... C PRINTED MATTER (NOT CLASSIFIABLE AS TECHNICAL DATA) rating of “D” is hereby assigned to all PIGMENTS, PAINTS AND TARNISHES outstanding individual licenses, in those 9510 Bound educational textbooks...... B 8432 Kalsomine cold water paints, d ry ,.... D 9512 Other bound books excluding text- cases where individual licenses have b o o k s...... >______B heretofore been granted without the as­ SOAP AND TOILET PREPARATIONS 9514 U n b o u n d b ooks in s h e e ts ...... B signment of a shipping priority rating. 9516 C atalogs a n d p a m p h le ts ______C 8710 Soaps, medicated...... C 9522 Geographic maps and charts...... B 8712 Soap, toilet or fancy...... C 9523 M u sic in books a n d sh eets...... B § 809.8 Appeals for higher rating, (a) 8713 Soap, laundry...... —. C B In cases of unusual hardship, exporters 8716 6553 N ew sp a p ers, c u r r e n t______Soap, powdered or flake...... a 9555 Periodicals______B may appeal for a higher rating for ar­ 8718 Shaving creams______c 9560 Calendars, printed or unprinted.. . D 8719 Shaving cakes, powders and sticks___ c D ticles and materials under general li­ 8724 9563 Lithographically printed m atter...... Scouring bricks, pastes, powders, 9565 Playing cards...... C cense than those prescribed under § 809.6 soaps, and household washing pow- 9569.01 Plans and specifications for aircraft____ A c 9569.05 Plans and specifications for manu- (a), by filing an individual application 8729 Other soap, n. e. s...... c facturing of aviation gasoline...... A for export license setting forth reasons 8734 Dental creams...... c 9569.06 Plans and specifications for manu- 8736 Other dentifrices...... c why a higher rating should be allowed. 8740 Talcum powder in packages...... D facturing of aviation lubricating oil... A 8742 9569.07 Plans and specifications for manu- (b) When articles and materials are Face and compact powdei...... D facturing of tetraethyl lead ...... A to be exported under individual license 8750 D 9569.98 B 8751 Vanishing creams______D Other printed m atter, n. e. s . ______an exporter who desires a higher rating 8752 Other creams, lotions and balms____ D CLOCKS AND WATCHES 8755 D than that which has been assigned may 8756 D 9580 W atches w ithout jewels...... C appeal as provided in § 804.9 of this sub­ 8757 Cosmetics, other, n. e. s______D 9581 W atches w ith jewels______C chapter. 8769 Manicuring preparations...... D 6589 8762- Depilatories and deodorants______D c (c) When articles and materials are 8765 Hair preparations...... D ART WORKS to be exported under an export program 8766 Perfumery and toilet waters...... D 8770 Toilet preparations, other, n. e. s____ D «610 Paintings, etchings, engravings and or export project license (S P.) an ex­ s ta tu a r y ...... D porter who desires a higher rating than 5272 FEDERAL REGISTER, Friday, July 10, 1942 that which has been assigned, may apply rating certificate, order, or other direc­ private account and for export; and the in writing for a reconsideration, attach-# tion issued by the Director of Industry following order is deemed necessary and ing to his request the original document* Operations, is applied or extended to the appropriate in the public interest and to upon which the rating has been affixed. producer selling such materials; and any promote the War Program: Dated: July 6, 1942. such sale shall be expressly permitted § 1171.1 General Conservation Order within the terms of paragraph (c) (2) L-89—(a) Definitions. For the purpose G eorge V. P arkhurst, (iii) of Priorities Regulation No. 13. Acting Chief, Export Control Branch, of this order: Office of Exports, Board of Eco­ (P.D. Reg. 1, as amended, 6 F.R. 6680; (1) “Person” means any individual, nomic Warfare. W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 partnership, association, business trust, F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, [P. R. Doc. 42-6509; Piled, July 8, 1942; corporation, governmental corporation 2:10 p. m.] 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th or agency, or any organized group of Cong., as amended by Pub. Laws 89 and persons, whether incorporated or not. 507, 77th Cong.) (2) “Elevator” means a hoisting and Issued this 8th day of July 1942. lowering mechanism equipped with a car Chapter IX—War Production Board J. S. K nowlson, or platform which moves in guides in a Subchapter B—Division of Industry Operations Director of Industry Operations. substantially vertical direction (except P art 944—R egulations Applicable to hydraulic elevators or elevators to be [P. R. Doc. 42-6512; Filed, July 8, 1942; used aboard ship). the O peration of the P riorities Sy s ­ 4:09 p. m.] (3) “Operation” means the method of tem actuating thé controller. [Priorities Regulation No. 14] (4) “Control” means the system of Part 1068—Cans Made of T inplate or regulation by which the starting, stop­ § 944.25 Priorities Regulation No. 14— T erneplate (a) Applicability to Canada of provisions ping, direction of motion, acceleration, regarding military requirements. When­ [Amendment 1 to Conservation Order M-81, speed, and retardation of an elevator are ever^ any order or regulation heretofore as Amended June 27, 1942] governed. or hereafter issued by the Director of Section 1068.1 Conservation Order (5) “Rheostatic control” means a sys­ Industry Operations of the War Pro­ M-81,1 is hereby amended as follows: tem in which control is accomplished pri­ marily by varying resistance and/or re­ duction Board (or the Director of 1. The date “February 11,1942,” wher­ Priorities of the Office of Production actance in the armature and/or field ever the same appears in paragraphs (d) circuit of the hoisting motor. Management) regulates in any manner (2), (d) (4), and (d) (5), is amended to the production, delivery, sale or use of (6) “Single speed alternating-current read “July 1, 1942”. control” means a system of control for any material and includes specific pro­ 2. Paragraph (d) is further amended visions with reference to transactions a single speed induction elevator motor with or for the account of one of the to include the following subparagraph: which is arranged to run at one practi­ United States Government agencies listed (6) Nothing in this paragraph (d) cally constant speed. below, or transactions related thereto, shall be construed to permit (i) the use (7) “Manufacture” means the produc­ the corresponding Canadian agency or for the manufacture of cans of any com­ tion or construction of an elevator, or the agencies named below shall be deemed to ponent parts which were lithographed, production of any parts, equipment or be included in such reference, unless such cut, or otherwise prepared for assembly accessories to be attached to or incor­ order or regulation specifically excludes in violation of any applicable order of porated in any elevator; or the assembly the Canadian agency or agencies: the Director of Industry Operations; (ii) of any parts, equipment or accessories for the purpose of producing or constructing Corresponding Ca­ the sale or delivery of any cans manu­ V. S. Agencies nadian Agencies factured in violation of any applicable an elevator or any portion thereof; but Ü. S. Army or War Canadian Army and order of the Director of Industry Opera­ does not include assembly or installation Department. Air Force. tions; or (iii) the use of any cans obtained of the finished sections or portions of an U. S. Navy or Navy Canadian Navy. by a canner in violation of any applicable elevator at the site of ultimate use of Department. order of the Director of Industry the elevator, or the production of parts, U. S. Maritime Com­ Wartime Merchant Operations. equipment or accessories by any person mission. Shipping, Ltd. who is not engaged in the business of pro­ Trafalgar Ship­ 3. Item 3 of miscellaneous foods in ducing, constructing or installing ele­ building Co., Ltd. Table II is amended to read as follows: vators. (P.D. Reg. 1, as amended, 6 F.R. 6680; Condensed milk, as defined by the Fed­ (8) “Restricted order” means any or­ W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, eral Security Administrator, F ederal der (i) for an elevator equipped with 7 F.R. 329; E.O.. 9040, 7 F.R. 527; E.O. R egister, July 2, 1940, § 18.525, page 2444 other than single speed alternating cur­ 9125, 7 F.R. 2719; sec. 2 (a), Pub. Ldw and § 18.530, page 2445, as amended, rent or direct current rheostatic control, 671,76th Cong., as amended by Pub. Laws F ederal R egister, August 8, 1941, pages or equipped with other than manually 89 and 507, 77th Cong.) 3973 and 3974. ^ 14-oz. or 15-oz. cans. operated doors or gates; or (ii) for chang­ Issued this 8th day of July 1942. ing the method of operation or control (PD. Reg. 1, as amended, 6 F.R. 6680; of any elevator; or (iii) for parts, equip­ J. S. K nowlson, W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 ment or accessories (including hatchway Director of Industry Operations. FJR. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, or car doors, gates, cabs, car slings, and [P. R. Doc. 42-6511; Piled, July 8, 1942; 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th platforms) to be incorporated in or 4:09 p. m.] Cong., as amended by Pub. Laws 89 and installed on any elevator. 507, 77th Cong.) (b) Restrictions on acceptance of Issued this 9th day of July 1942. orders for and manufacture and delivery P art 978—U tilities: M aintenance, R e­ J. S. K nowlson, of elevators. (i) No person shall here­ pair and S upplies Director of Industry Operations. after accept any Restricted Order, or [Amendment 2 to Preference Rating Order [P. R. Doc. 42-6538; Piled, July 9, 1942; manufacture or deliver any elevator, P-46,1 amended to March 26, 1942] 12:00 p. m.] parts, equipment or accessories in ful­ fillment of any Restricted Order, unless The following paragraph (m) is hereby the Order is accompanied by an authori­ added to Preference Rating Order P-46 P art 1171—Elevators zation by the Director of Industry Opera­ amended to March 26, 1942 (§ 978.1). tions permitting the placing and accep­ [General Conservation Order L-89] (m) Sales of materials from excess tance of such Order, in accordance with stocks. Any producer may sell to any The fulfillment of the requirements of the provisions of paragraph (c) (1) other producer materials from the sell­ the War Program of the United States below. er’s excess stocks or inventories, provided has created a shortage in the supply of (2) Regardless of the terms of any that a preference rating of A-5 or higher certain materials, used in the production order, contract of sale or purchase, or assigned by this order, or any preference of elevators, for the War Program, for other commitment, or of any preference rating certificate or blanket preference 17 F.R. 2348, 4699. * 7 P.R. 4836. rating order, no person shall FEDERAL REGISTER, Friday, July 10, 1942 5273 (1) Commence the manufacture of, or tures. No cork or cork products, or rub­ ders (except orders for repair or main­ deliver any elevator, parts, equipment or ber tile (reclaimed or otherwise) may be tenance) scheduled for delivery during accessories in fulfillment of any Re­ installed on the platform, or as a wain­ the current and succeeding months. stricted Order heretofore received and scot in the elevator car. (3) Other limitation orders. Nothing now on the books but not yet in the proc­ (e) 90-day exemption of Army, Navy in this order shall be construed to per­ ess of manufacture, except pursuant to and Maritime Commission. Until 90 days mit any person to sell, deliver, or other­ the authorization of the Director of In­ after the date of issuance of this order, wise transfer, or any manufacturer to dustry Operations provided for in para­ the provisions of this order shall not purchase, receive delivery of, or other­ graph (c)(1) below; or apply to orders for any elevators or wise acquire any raw materials, semi- (ii) Continue for more than thirty equipment or accessories by, and for the processed parts, or finished products in days from the date of this Order, the use of, the Army, Navy, Maritime Com­ contravention of the terms of any L or manufacture of any elevator, parts, mission, or War Shipping Administra­ M Order, or amendments or supplements equipment or accessories now in the tion to the extent that any applicable thereto, or other regulation of the War process of manufacture in the fulfill­ specifications of the Army, Navy, Mari­ Production Board effective at the date of ment of any Restricted Order, except time Commission or War Shipping Ad­ any such sale, delivery, or other trans­ pursuant to the authorization of the Di­ ministration require construction, de­ fer. Where the limitations imposed by rector of Industry Operations provided sign or materials not in accordance with any other L or M Order are applicable for in paragraph (c) (2) below. the provisions of this order. As used to the subject matter of this order, the in-this paragraph, the terms “Army”, most restrictive limitation shall apply, (3) For the purposes of this paragraph “Navy”, “Maritime Commission” and unless otherwise specifically provided (b) delivery of an elevator or of elevator herein. equipment or accessories shall be deemed “War Shipping Administration” shall not to take place when the elevator, equip­ include any privately operated plant or (4) Violations. Any person who wil­ ment, or accessories, or any part or por­ shipyard, financed by or controlled by fully violates any provisions of this order, tion thereof, are placed in the hands of any of those organizations, or operated or who wilfully furnishes false informa­ a common or contract carrier or other on a cost-plus-fixed-fee basis. tion to the Director of Industry Opera­ means of transportation for shipment to (f) Non-applicability to maintenance tions in connection with this order is the purchaser. and repair. The prohibitions and restric­ guilty of a crime and upon conviction tions of paragraph (b) hereof shall not may be punished by fine or imprison­ (c) Procedure for securing authoriza­ apply to the manufacture of repair or ment. In addition, any such person may tion for restricted orders. (1) The au­ maintenance parts; or to deliveries (1) be prohibited from making or obtaining thorization from the Director of Indus­ to fill any order of less than $500.00 for further deliveries of, or from processing try Operations required by the provisions ’parts to be used for repair or main­ or using material under priority control of paragraph (b) with respect to future tenance of a single elevator, or (2) to and may be deprived of priorities as­ Restricted Orders and Restricted Or­ fill any order for $500.00 or more for sistance by the Director of Industry ders now on the books but not yet in the Operations. process of manufacture, may be obtained repair or maintenance parts for a single only by the purchaser, who may make elevator when and only when there has (5) Appeals. Any person affected by application therefor to War Production been an actual breakdown or suspension this order who considers that compliance Board, General Industrial Equipment of the operation of the elevator because therewith would work an exceptional and Branch, on Form PD-411 marked Ref. of the necessity of repair or maintenance, unreasonable hardship upon him may ap­ L-89. The Director of Industry Opera­ and the essential repair or maintenance peal to the Director of Industry. Opera­ tions will grant the authorization only parts therefor are not otherwise avail­ tions setting forth the pertinent facts and if he finds that the failure of the pur­ able. As used in this paragraph “main*- the reasons he considers he is entitled to chaser to receive the elevator, parts, tenance” shall mean the upkeep of an relief. The Director of Industry Opera­ equipment or accessories in question will elevator or elevator structure in sound tions may thereupon take such action as result in serious detriment to the War working condition; and “repair” shall he deems appropriate. Program. mean the restoration, without change of (6) Communications. All reports re­ (2) Applications for the authoriza­ design, of any portion of an elevator or quired to be filed hereunder, and all com­ tion of the Director of Industry Opera­ elevator structure to sound working con­ munications concerning this Order, shall, tions required by the provisions of para­ dition, when such portion has been ren­ unless otherwise directed, be addressed graph (b) with respect to Restricted dered inoperative or unsafe or unfit for to: War Production Board, General In­ Orders now in the process of manufac­ service by wear and tear, damage, de- dustrial Equipment Branch, Washington, ture, shall be made by the manufacturer structioo or failure of parts, or other D. C. Ref.: L-89. (P.D. Reg. 1, as as soon as possible after the issuance of similar causes. amended, 6 F.R. 6680; W.P.B. Reg. 1, 7 this Order. The application shall be ac­ (g) Miscellaneous provisions—(1) Ap­ F.R. 561; E.O. 9024, 7 F.R. 329; E.O. 9040, companied by a report on Form PD-562 plicability of Priorities Regulation No. 1. 7 F.R. 527; E.O. 9125, 7 F.R. 2719; sec. 2 showing the manufacturer’s unfilled This order and all transactions affected (a), Pub. Law 671,76th Cong., as amended orders of all kinds (except for repair thereby are subject to the provisions of by Pub. Laws 89 and 507, 77th Cong.) and maintenance) scheduled for delivery Priorities Regulation No. 1 (Part 944) as Issued this 9th day of July 1942. during the current and succeeding amended from time to time, except to the extent that any provision hereof may J. S. K now lson, months, together with information show­ Director of Industry Operations. ing the extent of completion of each such be inconsistent therewith, in which case the provisions of this order shall govern. [F. R. Doc. 42-6534; Filed, July 9, 1942; order. Such application will be granted 11:48 a. m.] by the Director of Industry Operations (2) Records and reports. All persons only if and to the extent tjiat he finds affected by this order shall keep and pre­ that fabrication or assemblyrof materials serve for not less than two years accurate for such order has been accomplished and complete records concerning inven­ Chapter XI—Office of Price to a substantial degree, that such mate­ tories, production and sales. Administration rials will have no substantial value for All persons affected by this order shall any other use, except scrap, and that execute and file with the Division of In­ P art 1305—Administration dustry Operations, War Production [General Order 1] fulfillment of the order will not be detri­ Board, such reports and questionnaires mental to the promotion of the War as said Division shall from time to time DELEGATION TO REGIONAL ADMINISTRATORS OF Program. request. AUTHORITY TO SIGN AND ISSUE SUBPOENAS (d) Restrictions of use of materials. Each manufacturer shall file, not later IN RATIONING INVESTIGATIONS No non-ferrous metals, or stainless or than the 10th day of each month follow­ Pursuant to the authority conferred alloy steel may be used in the construc­ ing the month of issuance of this order, upon the Administrator by War Produc­ tion of the car enclosure, hoistway doors, a report on Form PD-562 showing his tion Board Directive No. 1, as supple­ car or landing thresholds, face plates of elevator and equipment deliveries (ex­ mented, and by paragraph 3 of Executive operating or signal fixtures, or for other cept for repair or maintenance) during Order No. 9125, the following order is than functional parts of the lighting fix- the precëding month, and his unfilled or­ prescribed: No. 135------3 5274 FEDERAL REGISTER, Friday, July 10, 1942 § 1305.9 Order delegating to Regional which are essential to, the operation of (3) The Board shall indicate on Parts Administrators authority to sign and an unused or rebuilt vehicle which has A and B of the certificate the type of issue subpoenas in rationing investiga­ been transferred by the manufacturer, tires, namely tractor or implement, for tions. (a) In connection with any in­ rebuilder, or dealer in such vehicles, to which the certificate is being issued. vestigation related to the administration the person who will use such vehicle for (i) A dealer who receives a certificate or enforcement of the rationing author­ its intended purpose. so marked, may sell to the certificate ity of the Office of Price Administration, (hh) “Implement tire” means a tire holder only the type of tire called for or of any regulation or order issued pur­ that has the word “implement” or the on Part A of the certificate. The dealer suant to that authority, the several Re­ name of a type of farm equipment other shall write in on Parts C and D of the gional Administrators of the Office of than a tractor or combine molded into certificate under the item calling for the Price Administration are each author­ the sidewall of the tire by the manu­ description of the tires delivered, the type ized, within their respective Regions, to facturer. 1 of tire, whether implement or tractor, sign and issue subpoenas requiring any Tires and Tubes for Vehicles Eligible which he has sold. He may use the person to appear and testify, or to ap­ replenishment portion (Part B) of such pear and produce books or records or Under List A ***** certificate to replenish his stock either any other documentary or physical evi­ with tractor or implement type tires at dence, or both. § 1315.402 Eligibility of List A vehicles his option. (b) The authority conferred upon the for new tires and tubes, retreaded or several Regional Administrators by para­ recapped tires. * * * ***** graph (a) of this General Order No. 1 (b) The Board may issue a certificate Retreaded and Recapped Tires and New (§ 1305.9) shall be exercised in conform­ authorizing the transfer of a new tire Passenger Tires of an Obsolete Type ity with the provisions of sub-paragraph to an applicant who satisfies the require­ For Vehicles Eligible Under List B (4) of paragraph (a) of section 2 of the ments of paragraphs (c) and (d) of this § 1315.501 Eligibility of List B pas­ «Act of June 28, 1940 (54 Stat. 676), as section if, but only if : senger automobiles for retreaded or re­ amended by the Act of May 31, 1941 (1) The applicant establishes that the capped tires. * * * (Public, No. 89, 77th Cong.) and by Title tire for which application is made is to (d) (2) (i) Except when the applicant m of the Second War Powers Act, 1942 replace a tire which is not capable of applies for a spare tire, or when the (Act of March 27, 1942, Public, No. 507, being retreaded or recapped, or which applicant applies for retreaded or re­ 77th Cong.) cannot be retreaded or recapped for safe capped tires and tubes to be mounted as (c) This General Order No. 1 (§ 1305.9) use at the speeds at which the applicant original equipment on an unused or shall take effect July 9,1942. (Pub. Law may reasonably be expected to operate, rebuilt vehicle which he has purchased 507, 77th Cong.; E .0.9125; W.P.B. Direc­ or which is to be mounted as original or contracted to purchase for its in­ tive No. 1; Pub. Law 421, 77th Cong.) equipment. tended use, certificates may be granted Issued this 8th day of July 1942. * * * * * only for replacement purposes. Leon H enderson, (d) (2) (i) Except when the applicant ***** Administrator. applies for a spare tire, or when the § 1315.502 Eligibility of List B Trucks IP. R. Doc. 42-6517; Piled, July 8, 1942; applicant applies for tires and tubes to for retreaded or recapped tires. * * * 4:48 p. m.] be mounted as original equipment on an (c) (2) (i) Except when the applicant unused or rebuilt vehicle which he hag applies for a spare tire, or when the purchased, or contracted to purchase for applicant applies for retreaded or re­ P art 1315—R ubber and P roducts and its intended use, certificates may be capped tires and tubes to be mounted as M aterials Of W hich R ubber is a granted only for replacement purposes. original equipment on.an unused or re­ Component * * * aft * built vehicle which he has purchased or [Amendment 19 to Revised Tire Rationing (d) (5) (iff) This paragraph (d) (5) contracted to purchase for its intended Regulations*] does not apply when the applicant can use, certificates may be granted only for TIRES AND TUBES, RETREADING AND RECAP­ establish to the satisfaction of the Board replacement purposes. that he has no tires to turn in because * * * * * PING OF TIRES, AND CAMELBACK the tires which are to be replaced have Sections 1315.402 (b) and (d) (2) (i), been stolen or if the applicant is a gov­ § 1315.503 Eligibility of List A and 1315.405 (g), 1315.501 (d) (2) (i), 1315.- ernmental agency forbidden by law to List B passenger automobiles for new pas­ 502 (c) (2) (i), 1315.503 (c) (2), 1315.801 make such disposition of Government senger tires of an obsolete type. * * * (b), (c) (1) and (f) (4), 1315.802 (b) property, or for any similar reason, or (c) (2) That the tire òr tube for which and (d) (5) and 1315.804 (a) (3) are if the applicant purchases a spare for a application is made is to replace a tire amended to read as follows: the text of vehicle which was acquired by him with­ or tube no longer serviceable at the § 1315.601 is designated as paragraph (a) out a spare, or purchases tires as original speeds at which the applicant may rea­ and a new paragraph (b) is added equipment for a vehicle. sonably be expected to operate,- or that thereto; new paragraphs (ff), (gg) and * * * * * the tires and tubes for which application (hhi are added to § 1315.151; a new is made are to be mounted on an unused paragraph (d) is added to § 1315.603; § 1315.405 Eligibility classification; or rebuilt vehicle which the applicant has and a new subparagraph (1) is added to List A. * * * purchased or contracted to purchase for § 1315.608 (a); and a new subdivision (g) Tractors, combines and other its intended use. farm implements if they cannot be (ill) is added to § 1315.402 (d) (5), as * * * * * set forth below: adapted to operate without tires and tubes. Applications for Certificates Definitions (1) Certificates for the purchase of § 1315.601 List A applications for au­ § 1315.151 Definitions. * * * tractor or implement tires only, may be thority to purchase new tires and tubes (ff) “New vehicle” means any unused and retreaded or recapped tires, (a) or rebuilt vehicle, including passenger granted to equip tractors or combines. * * * cars, trucks, tractors, trailers, farm Applicants for other types of farm equip­ ment may be granted certificates for the (b) Any person who purchases or who implements, and off-the-road equipment contracts to purchase a vehicle to be used which has not yet been transferred by purchase of implement tires only. for its intended purpose and not for re­ the manufacturer, rebuilder, or dealer in (2) Certificates may be granted under sale, from a manufacturer, rebuilder, or such vehicles, to the person who will this section either for replacement or for dealer in such vehicles, may apply to a use such vehicle for its intended purpose. original equipment purposes. If the ap­ Board for a certificate authorizing the (gg) “Original equipment” m e a n s plication is for tires and tubes to be transfer of tires and tubes to be mounted tires or tubes to be mounted on, and mounted as original equipment, the ap­ as original equipment on such vehicle 17 P.R. 1027, 1089, 2106, 2107, 2541, 2683, plicant m ust. submit the vendor’s affi­ prior to takipg possession under his con­ infra. davit required by § 1315.601 (b). tract of purchase. The Board shall not FEDERAL REGISTER, Friday, July 10, 1942 5275 issue a certificate for tires and tubes to vided in subparagraphs (2)< and (3) of prohibited by the Director of Priorities be mounted as original equipment unless this paragraph (b), no person who on or thé Director of Industry Operations of the applicant submits a satisfactory ex­ December 11,1941, or at any time there­ the War Production Board. planation in affidavit form from the after was a retailer, distributor, whole­ § 1315.802 Permitted and prohibited vendor or rebuilder stating the reasons saler, or manufacturer of new tires or deliveries of retreaded or recapped why the vehicle was not fully equipped tubes or who manufactured, rebuilt, or tires. * * * with tires and tubes when transferred dealt in vehicles equipped with tires or (b) Restriction on transfer from stocks by him to the applicant. tubes may mount any new tire or tube on any vehicle owned, operated, or con­ to vehicles. (1) Except as provided in (1) Among the reasons which may trolled by him or may otherwise transfer subparagraph (2) of this paragraph no satisfactorily explain the lack of original such tire or tube, unless such person has person who on February 19, 1942, or at equipment are the following: That the been issued a certificate by a Board any time thereafter engaged in retread­ vehicle or equipment was shipped to him authorizing the transfer of such tire or ing or recapping tires for others, or was without tires or tubes by order of a gov­ tube for the vehicle upon which it is to otherwise dealing in retreaded or re­ ernmental agency, or if shipped with tires be mounted, or unless he mounts such capped tires or who manufactured, re­ or tubes that such tires and tubes were tire as an agent of a person who 'owned built or dealt in vehicles equipped with removed by order of a governmental and physically possessed such tire or tires may mount any retreaded or re­ agency; that the vendor ordered the ve­ tube prior to December 11, 1941, or who capped tire on any vehicle owned, oper­ hicle or equipment from its manufacturer has received the tire on certificate. The ated, or controlled by him unless such without tires and tubes; or that tires and instructions set forth in §§ 1315.705 and person has been issued a certificate by a tubes originally bn the vehicle were 1315.706 in regard to the certificate Board authorizing the transfer of such stolen or destroyed without fault of the should be followed. tire or tube for the vehicle upon which it vendor. (2) A manufacturer of new tires or is to be mounted, or unless he mounts § 1315.603 List B applications for au­ tubes may mount new tires and tubes such tire as an agent of a person who thority to purchase retreaded or recapped on a vehicle owned by him or otherwise owned and physically possessed such tire tires or retreading or recapping serv­ subject to his control which is used ex­ or tube prior to February 19,1942, or who ices. * * * clusively for testing such tires and tubes has received the tire or tube on certificate. (d) Any person who purchases or who and not in connection with any other The instructions set forth in §§ 1315.705 contracts to purchase a vehicle to be use. The use of tires, tubes and camel- and 1315.706 in regard to the certificate used for its intended purpose and not for back for testing purposes not expressly for retreaded or recapped tires should be resale, from a manufacturer, rebuilder, permitted by this subparagraph (2), followed. or dealer in such vehicles, may apply to may be authorized by the Office of Price (2) Any manufacturer of vehicles may a Board for a certificate authorizing the Administration, Washington, D. C. mount retreaded or recapped tires on a transfer of retreaded or recapped tires (3) Any manufacturer of vehicles new vehicle manufactured or assembled and tubes to be mounted as original equip­ by him, as part of the equipment of such may mount new tires and tubes on a vehicle unless he has been prohibited ment on such vehicle prior to taking pos­ new vehicle manufactured or assembled from doing so by general or special in­ session under his contract of purchase. by him, as part of the equipment of such The Board shall not issue a certificate for vehicle unless he has been prohibited structions of the Director of Priorities or tires and tubes to be mounted as original the Director of Industry Operations of from doing so by general or special in­ the War Production Board. equipment unless the applicant submits structions of the Director of Priorities * * * * ♦ a satisfactory explanation in affidavit or the Director of Industry Operations form from the vendor or rebuilder stat­ of the War Production Board. (d) Other deliveries. * * * ing the reasons why the vehicle was not Cc) Permitted transfers by certain per­ (5) Retreaded tires for new vehicles. fully equipped with tires and tubes when sons. (1) Except as provided in para­ Any person may deliver retreaded or re­ transferred by him to the applicant. graph (b) of this section, any person capped tires as part of the equipment of who on December' 11, 1941 was not a a new vehicle: Provided', (i) That the (1) Among the reasons which may sat­ sale of the new vehicle equipped with re­ isfactorily explain the lack of original retailer, distributor, wholesaler or manu­ equipment are the following: that the facturer of new tires or tubes or who treaded or recapped tires and tubes is did not manufacture, rebuild, or deal in not prohibited by any order or regulation vehicle or equipment was shipped to him issued by the Office of Price Administra­ without tires or tubes by order of a gov­ vehicles equipped with tires or tubes may transfer any new tires or tubes which tion, the Director of Priorities, or the Di­ ernmental agency, or if shipped with tires rector of Industry Operations of the War or tubes that such tires and tubes were were owned and physically possessed by him prior to December 11,1941 including Production Board; (ii) that the new ve­ removed by order of a governmental hicle is not equipped With spares unless agency; that the vendor ordered the ve­ the placing of such tires or tubes upon the wheel or rim of any vehicle owned the sale of such vehicle so equipped has hicle or equipment from its manufacturer been authorized expressly by the War without tires and tubes; or that tires and or operated by him, provided no change in ownership, possession or control Production Board; and (iii) that the tires tubes originally on the vehicle were stolen and tubes delivered are mounted on such or destroyed without fault of the vendor. occurs. vehicle at the time of its sale and were * * * * * ***** mounted prior to July 1, 1942, or if (f) Other transfers. * * * mounted after that date, that such § 1315.608 Allotment by the Board (4) Equipment for new vehicles. Any upon applications for List A vehicles. mounting was not prohibited by the Di­ (a) * * * person may deliver new tires and tubes rector of Priorities or the Director of In­ as part of the equipment of a new ve­ dustry Operations of the War Production (1) Certificates for new implement or hicle, Provided: (i) That the sale of the tractor tires and tubes which are granted Board. new vehicle equipped with new tires and * * * * * on the basis of an application for origi­ tubes is not prohibited by any order or nal equipment to be mounted on a trac­ regulation issued by the Office of Price § 1315.804 Transfer of new tires or tor, combine, or other farm implement Administration, the Director of Priori­ tubes, retreaded or recapped tires or cam­ eligible under § 1315.405 (g), shall not ties or the Director of Industry Opera­ elback to certain Governmental Agencies, be charged against the Board’s monthly tions of the War Production Board; (ii) to manufacturers of new vehicles and for quota. that the new vehicle is not equipped with export, (a) * * * * * * * * * spares, unless the sale of such vehicle (3) For export to and consumption in Transfers and Deliveries of New Tires so equipped has been authorized ex­ any foreign country, for government or and Tubes, Retreaded or Recapped pressly by the War Production Board; private account, otherwise than as pro­ Tires and Camelback and (iii) that the tires and tubes de­ vided in subparagraph (2) of this para­ § 1315.801 Permitted and prohibited livered are mounted on such vehicle at graph, but only when the exporter has transfers of new tires and tubes. * * * the time of its sale and were mounted been issued an individual export license (b) Restriction, on transfers from prior to July 1,1942, or if mounted after for the tires and tubes to be exported. stocks to vehicles. (1) Except as pro­ that date, that such mounting was not * * * * * 5276 FEDERAL REGISTER, Friday, July 10, 1942

§ 1315.1199a Effective dates of amend­ § 1499.26 is amended by adding a new P art 1306—Iron and S teel ments. * * * subparagraph (29) to paragraph (a) as [Revised Price Schedule 100, as Amended] (s> Amendment No. 19 (§§ 1315.151, set forth below: CAST IRON SOIL PIPE AND FITTINGS 1315.402, 1315.405, 1315.501, 1315.502, § 1499.26 Exceptions for certain com-- 1315.503, 1315.601, 1315.603, 1315.608, Correction 1315.801, 1315.802, and 1315.804) to Re­ modities, certain sales and deliveries and vised Tire Rationing Regulations shall certain services, (a) General Maximum In the table appearing on page 5134 of become effective July 15, 1942. Price Regulation shall not apply to any the issue for Tuesday, July 7, 1942, the sale or delivery of the following com-, figure “8.00“ opposite “ *4 Bends 2" Heel (Pub. Law 421, 77th Cong., O.PM. Supp. modifies: or Side Inlet” in the column for 8" Order No. M-15c, W.P.B. Directive No. 1, * * * * * Standard should read “8.60”. Supp. Directive No. IB, 6 P.R. 6792; 7 (29) Rum, liqueurs, cordials, bitters, P.R. 562, 925)y. and other spirituous liquors produced Issued this 8th day of July 1942. in any Territory or possession of the P art 1393—Ice United States: Provided, however, That Leon H enderson, [Correction to Maximum Price Regulation this regulation shall apply to all sales of 154, as Amended J] Administrator. such commodities in the Territory or [F.* R. Doc. 42-6518; Filed, July 8, 1942; possession of origin. (On and after July A statement of the considerations in­ 4:49 p. m.] 15, 1942, the exception provided in this volved in the.issuance of this Amend­ paragraph shall not apply to the named ment, issued simultaneously herewith commodities when sold by the importer has been filed with the Division of the thereof, unless the invoice issued in con­ Federal Register. Part 1315—R ubber and P roducts and nection with the sale states clearly and The phrase, “October 1, 1942” in M aterials of W hich R ubber is a legibly on its face that the commodity in­ § 1393.12 (a) (1) is corrected to read Component volved is not subject to Office of Price Ad­ “October 1, 1941.” [Amendment No. 20 to Revised Tire Ration­ ministration price ceilings.) § 1393.11 Effective dates of amend­ ing Regulations1] (e) Effective dates. * * * ment. * * * TIRES AND TUBES, RETREADING AND RECAPPING (14) Amendment No. 13 (§ 1499.26 (a) (b) Correction (§ 1393.12 (a) (D) to OF TIRES, AND CAMELBACK (29)) to Supplementary Regulation No. Maximum Price Regulation No. 154 As "G r a d e II” D e f i n e d 1 shall become effective July 9,1942. Amended shall become effective July 10, 1942. Paragraph (ee) of § 1315.151 is (Pub. Law 421, 77th Cong.)' (Pub. Law 421 77th Cong.) amended to read as follows; Issued this 8th day of July 1942. Issued this 9th day of July 1942. § 1315.151 Definitions. * * * Leon H enderson, (ee) “Grade II”, as applied to tires, Administrator. Leon H enderson, means those tires which have a maxi­ Administrator. mum price of less than 85% of the maxi­ [F. R. Doc. 42-6516; Filed, July 8, 1942; [F. R. Doc. 42-6536; Filed, July 9, 1942; mum price for tires established in para­ 4:48 p. m.] 11:55 a. m.] graphs (a), (b)* (f), and (n) of §§ 1315.110 and 1315.111 of Price Sched­ ule No. 63s as amended8 or hereafter P art 1499—Commodities and S ervices amended, issued by the Office of Price P art 1499—Commodities and S ervices Administration. [Maximum prices authorized under § 1499 3 [Amendment 10 to General Maximum Price Regulation2] * * * * * (b) of the General Maximum Price Regu­ § 1315.1199a Effective dates of amend­ lation1—Order No. 22] APPLICATIONS FOR ADJUSTMENT ments. * * * HAMPDEN NOVELTY MANUFACTURING CO., INC. A statement of the considerations in­ (t) Amendment No. 20 (§ 1315.151) volved in the issuance of this Amend­ to Revised Tire Rationing Regulations For reasons set forth in an opinion is­ ment, issued simultaneously herewith, shall become effective July 15, 1942. sued simultaneously herewith and filed has been filed with the Division of the with the Division of the Federal Regis­ Federal Register. (Pub. Law 421, 77th Cong., O.P.M. Supp. ter and pursuant to and under the au­ Order No. M-15c, WP.B. Directive No. 1, Section 1499.18 is amended to read as thority vested in the Price Administrator set forth below: Supp. Directive No. IB, 6 F.R. 6792; T by the Emergency Price Control Act of P.R. 562, 925) 1942 and § 1499.3 (b) of the General § 1499.18 Applications for Adjust­ Issued this 8th day of July 1942. Maximum Price Regulation, it is hereby ment. (a) The Office of Price Admin­ ordered: istration, or any duly authorized officer Leon H enderson, thereof, may by order adjust the maxi­ Administrator. § 1499.59 Approval of maximum price mum price established under this Gen­ [F. R. Doc. 42-6515; Filed, July 8, 1942; for sale of picture frame by Hampden eral Maximum Price Regulation for any 4:48 p. m.] Novelty Manufacturing Co., Inc. (a) seller at retail in any case in which such The maximum price for the sale by seller shows: Hampden Novelty Manufacturing Co., Inc., 686 Main Street, Holyoke, Massachu­ (1) That such maximum price is ab­ P art 1499—Commodities and S ervices setts, of the picture frame manufactured normally low in relation to the maximum [General Maximum Price Regulation 4— by the Company of pressed wood flour, prices of the same or similar commodi­ Amendment 13 to Supplementary Regula­ 11 W long by 9%" wide, shall be $0,325 ties established for other sellers at retail; tion 1 6] per unit. and (2) That this abnormality subjects SPIRITUOUS LIQUORS PRODUCED IN TERRI­ (b) This Order No. 22 may be revoked him to substantial hardship. TORIES OR POSSESSIONS or amended by the Price Administrator A statement of the considerations in­ at any time. Applications for adjustment under this volved in the issuance of this Amend­ (c) This Order No. 22 (§ 1499.59) shall paragraph (a) shall be filed in accord­ become effective July 9,1942. ance with Temporary Procedural Regu­ ment has been issued simultaneously lation No. 2.8 herewith and filed with the Division of (Pub. Law 421, 77th Cong.) the Federal Register. (b) The Office of Price Administra­ Issued this 8th day of July 1942. tion, or any duly authorized officer there­ 17 FR. 1027, 1089, 2106, 2107, 2541, 2633, of, may by order adjust the maximum 2945, 2948, 3235, 3237, 3551, 3830, 4176, 4336, Leon H enderson, price established under this General 4493, 4543, 4544, 4617, supra. Administrator. »7 FR . 35, 206. [F. R. Doc. 42-6514; Filed, July 8, 1942; 1 7 FR . 5139. * 7 F.R. 1323, 1836, 2132, 3036, 3719, 4:48 p. m.] 2 7 F.R. 3153, 3330, 3666, 3990, 3991, 4339, 4 7 FR. 3153. 4487, 4659, 4738, 5027. * 7 F.R. 3158. 17 F.R. 3153, 3330, 3666, 3990, 3991. 8 7 F.R. 3522, 3664. FEDERAL REGISTER, Friday, July 10, 1942 5277

Maximum Price Regulation for any seller In the judgment of the Price Admin­ classification of garments of the same other than a seller at retail in any case istrator the maximum prices established kind of skin: in which such seller shows: by this Maximum Price Regulation No. (i) On sales at wholesale, during the (1) That such maximum price causes 178 are and will be generally fair an,d months of June, July and August, 1941, film substantial hardship and is abnor­ equitable and will effectuate the purposes inclusive; mally low in relation to the maximum of the Act. (ii) On sales at retail, during the prices established for competitive sellers A statement of the considerations in­ months of July to December, 1941, in­ volved in the issuance of this Maximum clusive. of the same or similar commodities; and Price Regulation No. 178 has been issued (2) That establishing for him a maxi­ simultaneously herewith and has been Provided, That in no event shall the mum price, bearing a normal relation to filed with the Division of the Federal maximum price be higher than the high­ the maximum prices established for Register est price charged by the seller for the competitive sellers of the same or similar Therefore, under the authority vested same category of women’s fur garment commodities, will not cause or threaten in the Price Administrator by the Emer­ delivered during the periods mentioned to cause an increase in the level of retail in (i) or (ii) of this paragraph. prices. gency Price Control Act of 1942 and in accordance with Procedural Regulation (b) The maximum price for the sale Applications for adjustment under this No. 1a issued by the Office of Price Ad­ of any women’s fur garment by a retailer paragraph (b) shall be filed in accord­ ministration, Maximum Price Regulation to a wholesaler or to another retailer, ance with Procedural Regulation No. 1.* No. 178 is hereby issued. and by a wholesaler to another whole­ (c) Any person seeking relief, for whichSec. saler shall be the cost to the seller. no provision is made in the foregoing 1389.151 Prohibition against sales of wom­ paragraphs (a) and (b) of this section, en’s fur garments above maxi­ § 1389.153 Maximum prices for sales from a maximum price established under mum prices. of women’s fur garments by a manufac­ this General Maximum Price Regulation 1389.152 Maximum prices for sales of wom­ turer. Except as provided in paragraph may present the special circumstances of en’s fur garments by wholesalers (b) of this section, the maximum price his case in an application for an order and retailers. for the sale of any women’s fur garment of adjustment. Such an application 1389.153 Maximum prices for sales of wom­ by a manufacturer shall be: Provided, en’s fur garments by a manu­ That in no event shall it exceed the high­ shall be filed in accordance with Pro­ facturer. cedural Regulation No. 1 and shall set 1389.154 The maximum prices fpr women’s est price charged by the seller for the forth the facts relating to the hardship fur garments which cannot ba same category of women’s fur garment to which such maximum price subjects priced under $ 1389.152 or delivered during the months of June, the applicant together with a statement § 1389.153. July and August, 1941: of the reasons why he believes that the 1389.155 Export sales. (a) On sales to whoiesalers and re­ 1389.156 Federal and state taxes. granting of relief in his case and in all 1389.157 Less than maximum prices. tailers. like cases will not defeat or impair the 1389.158 Applicability of the Oeneral Maxi­ (1) The sum of: policy of the Emergency Price Control mum Price Regulation. Act of 1942 and of this General Maxi­ 1389.159 Invoices, sales slips and receipts. (1) The direct cost of the garment to mum Price Regulation to eliminate the 1389.160 Records. the manufacturer, and danger of inflation. 1389.161 Reports. (ii)* The same percentage margin over This section shall apply to all maxi­ 1389.162 Evasion. direct cost received by the manufacturer mum price regulations which have in­ 1389.163 Enforcement. upon the sale of the same classification corporated § 1499.18 in their provisions. 1389.164 Petitions for amendment. of women’s fur garments of the same 1389.165 Definitions. kind of skin, which were delivered in § 1499.23a Effective dates of amend­ 1389.166 Effective date. June, July and August, 1941. ments. * * * 1389.167 Appendix A. (j) Amendment No. 10 (§ 1499.18) to Authority: §§ 1389.151 to 1389.167, inclu­ (2) Upon the sale of a woman’s fur General Maximum Price Regulation shall sive, issued pursuant to Pub. Law 421, 77th coat, where a muslin pattern is required become effective July 14, 1942. Congress. and is made especially for the purchaser and at his request, a manufacturer may (Pub. Law 421, 77th Cong.) § 1389.151 Prohibition against sales of add an amount not exceeding $15 to the women's fur garments above maximum Issued this 9th day of July 1942. maximum price established pursuant to prices. On or after July 10,1942, regard­ paragraph (a) of this section. Leon H enderson, less of any contract, agreement, lease, Administrator. or other obligation: (b) Any manufacturer who has estab­ [F. R. Doc. 42-6635; Filed, July 9, 1942; lished, pursuant to § 1499.2 (a) of the 11:55 a. m.] (a) No person shall sell or deliver any women’s fur garments at higher prices General Maximum Price Regulation,* a than the maximum prices established by maximum price for a category of wom­ this Maximum Price Regulation No. 178. en’s fur garment by a delivery of the P art 1389—Apparel same or similar garment in March 1942, (b) No person, in the course of trade or may sell, deliver or offer for sale, on or [Maximum Price Regulation 178] business, shall buy or receive any wom­ before September 1,1942, those garments, en’s fur garments at higher prices than women’s fur garments which have been completely manufac­ the maximum prices established herein. tured, or are in the process of manufac­ In the judgment of the Price Admin­ (c) No person shall agree, offer, so­ turing and have reached the sewing stage istrator it is necessary and proper to licit, or attempt to do any of the fore­ on July 10, 1942, at the price so estab­ establish maximum prices for sales of going. women’s fur garments. Such action is lished: Provided, That on or before July required as the General Maximum Price § 1389.152 Maximum prices for sales 20, 1942, he file with the Office of Price Regulation1 does not provide a satisfac­ of women's fur garments by wholesalers Administration in Washington, D. C., a tory method for the pricing of women’s and retailers, (a) The maximum prices duly verified affidavit setting forth for fur garments based on deliveries made for the sale of any women’s fur garment each category of garment: in March 1942. So far as practical, the by wholesaler» or retailers, except as (1) The name and address of the man­ Price Administrator has advised and provided in paragraph (b) of this sec­ ufacturer; consulted with members of the industry tion, shall be the sum of: (2) A description of the category of which will be affected by this Maximum (1) The cost of the garment to the each women’s fur garment; Price Regulation No. 178. seller, and (3) The name and address of the pur­ (2) The percentage markup received chaser to whom the women’s fur gar­ 8 7 P.R. 971, 3663. by the seller upon the sale of the same 17 FR. 3153, 3330, 3666, 3990, 3991, 4339, ment of the same category was deliv­ 4487, 4659, 4738. *7 FR . 971, 3663. ered in March 1942; 5278 FEDERAL REGISTER, Friday, July 10, 1942 (4) The ceiling price established under preparing the records of such seller with which maximum prices are established S 1499.2 of the General Maximum Rrice respect thereto» by this Maximum Price Regulation No. 178 and to all persons making such sales. Regulation8 by such delivery; (a) As to a tax in effect during the (5) The number of garments manu­ References in § 1499.18 of the General applicable base period. (1) If the seller Maximum Price Regulation5 to §§ 1499.2 factured and in stock on July 10, 1942; paid such tax, or if the tax was paid by (6) The number of garments in the and 1499.3 thereof, for the purposes of any prior vendor, irrespective of whether this Maximum Price Regulation No. 178 process of manufacture which have the amount thereof was separately stated reached the sewing stage on July 10,1942. shall be deemed to refer to §§ 1389.152, and collected from the seller, but the 1389.153, and 1389.154. (c) On sales at retail, the maximum seller did not customarily state and col­ (c) The registration and licensing selling price established pursuant to par­ lect separately from the purchase price provisions of §§ 1499.15 and 1499.16'of agraph (a) or (b) of this section may be during the applicable base period the the General Maximum Price Regulation6 increased by an amount not exceeding amount of the tax paid by him or tax are applicable to every person selling at 20%: Provided, That a manufacturer reimbursement collected from him by his who customarily sells more than 75% vendor, the seller may not collect such wholesale or retail any women’s fur gar­ of his output at retail and maintains an amount in addition to the maximum ment covered by this Maximum Price establishment selling at retail shall price, and in such case shall include Regulation No. 178. charge no higher prices than those estab­ such amoUnt in determining the maxi­ § 1389.159 Invoices, sales slips and re­ lished in paragraph (a) or (b) of this mum price under this Maximum Price ceipts. (a) Every person selling at re­ section for his sales at retail. Regulation No. 178. tail whose sales are subject to the maxi­ § 1389.154 The maximum prices for (2) In all other cases, if, at the time mum prices established by this Maximum women’s fur garments which cannot be the seller determines his maximum price, Price Regulation No. 178 who has cus­ priced under § 1389.152 or § 1389.153. the statute or ordinance imposing such tomarily given a purchaser sales slips or The seller’s maximum price for women’s tax does not prohibit the seller from similar evidence of purchase shall con­ fur garments which cannot be priced un­ stating and collecting the tax separately tinue to do so. Upon request from a der § 1389.152 or § 1389.153 shall be a from the purchase price, and the seller purchaser any such seller, regardless of maximum price in line with the level of does state it Separately, the seller may previous custom, shall give the purchaser maximum prices established by this Max­ collect, in addition to the maximum a receipt showing: (1) the date, (2) the imum Price Regulation No. 178. Such price, the amount of the tax actually name and address of the seller, (3) the price shall be a price determined by the - paid by him or an amount of tax paid name or description of each women’s fur seller after specific authorization from by any prior vendor and separately garment sold, and (4) the price received the Office of Price Administration. A stated and collected from the seller by for such garment. seller who seeks an authorization to de­ the vendor from whom he purchased, (b) Every person other than a person termine his maximum price under the and in such case the seller shall not in­ selling at retail, whose sales are subject provisions of this paragraph shall file with clude such amount in determining the to the maximum prices established by the Office of Price Administration in maximum price under this Maximum this Maximum Price Regulation No. 178, Price Regulation No. 178. shall, in connection with each such sale, Washington, D. C., an application set­ deliver an invoice or other similar doc­ ting forth: (b) As to a tax or increase in a tax ument showing: (D the date, (2) the (a) A description in detail of the com­ which becomes effective after the appro­ name and address of the seller and pur­ modity for which the maximum price is priate base period. If the statute or ordi­ chaser, (3) the style number of each of sought; nance imposing such tax or Increase does the different styles sold, (4) the quantity (b) A statement of the reasons why he not prohibit the seller from stating and of each different style sold, (5) the price cannot price this garment under collecting the tax or increase separately contracted for or charged by the seller § 1389.152 or § 1389.153; and from the purchase price, and the seller for each different style of garment sold, (c) Such other information as the Of­ does separately state it, the seller may and (6) all discounts, allowances and fice of Price Administration may deem collect, in addition to the maximum price, other price differentials. necessary. the amount of the tax or increase ac­ tually paid by him or an amount equal § 1389.160 Records. In addition to If such authorization be given, it will to the amount of tax paid by any prior the records required to be kept by be accompanied by instructions as to vendor and separately stated and col­ § 1499.11 of the General Maximum Price the method of determining the maxi­ lected from the seller by the vendor from Regulation8, every person selling wom­ mum price. Within ten days after such whom he purchased. en’s fur garments in the course of trade price has been determined, the seller or business, on and after July 10, 1942, shall report such price to the Office of § 1389.157 Less than maximum prices. shall keep for inspection by the Office of Price Administration upon a form duly Lower prices than those established by Price Administration the following: filled out and filed under oath or affirma­ this Maximum Price Regulation No. 178 tion, which will be furnished him. The may be charged, demanded, paid or (a) As to manufacturers. (1) A rec­ price so reported will be subject to ad­ offered. ord of each sale of women’s fur garments, justment by the Office of Price Adminis­ showing the category, the sales price, the § 1389.158 Applicability of the Gen­ name and address of the purchaser, the tration. eral Maximum Price Regulation? (a) basis of establishing the maximum price, § 1389.155 Export sales. The maxi­ This Maximum Price Regulation No. including the direct cost to the manu­ mum price at which a person may ex­ 178 shall apply and the General Maxi­ facturer, and the markup. port women’s fur garments shall be de­ mum Price Regulation5 shall not apply, (2) All records which will show the termined in accordance with the pro­ except as provided in paragraph (b) of maximum prices charged for each cate­ visions of the Maximum Export Price this section, to sales of women’s fur garments. gory of women’s fur garment sold in Regulation4 issued by the Office of Price June, July and August, 1941, and .the Administration. (b) The provisions of § 1499.4 (Sup­ plemental Regulations), § 1499.5 (Trans­ average percentage^ markup over cost of § 1389.156 Federal and state taxes. fers of business or stock in trade), each classification of women’s fur gar­ Any tax upon, or incident to, the sale or § 1499.13 (Maximum price of cost-of- ment of each kind of skin, which was sold delivery of any women’s fur garment, im­ living commodities; statement, market­ in the months of June, July, and August, posed by any statute of the United States ing or posting), § 1499.15 (Registration), 1941. or statute or ordinance of any state or § 1499.16 (Licensing), and § 1499.18 (Ap­ (3) A separate record of all sales made subdivision thereof, shall be treated as plications for adjustment by retail sell­ follows in determining the seller’s maxi­ at retail, showing the information re­ mum price for such commodity and in ers), of the General Maximum Price quired in subparagraph (1) of this para­ Regulation5 shall apply to all sales for graph. 8 Supra, note 1. * 7 F.R. 5059. 8 Supra, note 1. 8 Supra, note 1. FEDERAL REGISTER, Friday, July 10, 1942 5279 (4) A separate record of all special (b) Persons who have evidence of any any person other than the ultimate con­ sizes, including a full description of the violation of this Maximum Price Regu­ sumer; garment. lation No. 178 or any price schedule, reg­ (8) “Cost to the seller” means the (b) As to wholesalers. (1)A record of ulation or order issued by the Office of price paid by the seller for the woman’s each sale of women’s fur garment, show­ Price Administration or of any acts or fur garment, but which shall in no event ing the category and the sales price. practices which constitute such a viola- be higher than the maximum price per­ (2) A record of the cost to the seller tion^are urged to communicate with the mitted to be charged By this Maximum of each women’s fur garment and the nearest district, state, field or regional Price Regulation No. 178 or any other percentage markup. office of the Office of Price Administra­ price regulation which may hereafter be (3) All records showing the maximum tion or its principal office in Washing­ issued; price charged for each category of ton, D. C. (9) “Percentage markup” shall be de­ women’s fur garment during the months termined by the following procedure: of June, July and August, 1941, Inclusive, § 1389.164 Petitions for amendment. and the percentage markup received by Persons seeking any modification of this (i) From the total of all the selling the seller for each classification of gar­ Maximum Price Regulation No. 178 or prices at which each separate purchase ment for each type of skin. an adjustment or exception not provided of each classification of garment of each (c) As to retailers. (1) A record of for therein may file petitions for amend­ kind of skin was first offered for sale the cost to the seller of each woman’s ment in accordance with the provisions during the applicable base period, there fur garment and the percentage markup. of Procedural Regulation No. 1T issued shall be subtracted: (2) All records showing the maximum by the Office of Price Administration. (ii) The total of the cost to the seller price charged for each category of wom­ § 1389.165 Definitions. (a) When of those garments, and an’s fur garment during the months of used in this Maximum Price Regulation (iii) The remainder thus obtained July to December, 1941, inclusive, and No. 178 the term: shall be divided by the total of the sell­ the percentage markup received by the ing prices as determined in (i) of this (1) “Women’s fur garments” shall in­ paragraph; seller for each classification of garment clude all women’s and misses’ fur jackets, for each type of skin. strollers, coats, capes, wraps, muffs, (10) “Manufacturer” shall include any § 1389.161 Reports, (a) On or be­ scarfs, and stolls; person who fabricates a woman’s fur gar­ fore August 15, 1942, every manufacturer (2) The separate classifications of ment from skins owned by him; of women’s fur garments shall submit women’s fur garments shall be as follows: (11) “Applicable base period” shall to the Office of Price Administration at (i) Jackets and capes up to 26 inches mean, as to manufacturers and whole­ Washington, D. C„ iir the detail required in length; salers, June, July and August, 1941, in­ by the form to be furnished by the Office (ii) Strollers, capes and wraps from clusive, and as to retailers, July to De­ of Price Administration a statement 32 inches in length up to, but not includ­ cember, 1941, inclusive; showing: ing, 36 inches in length; (12) “Direct cost of garment to manu­ (iii) Coats, capes and wraps 36 ipches facture” shall mean the sum of (i) the (1) the maximum price received for actual cost of the skins and the trim­ the sale of each category of women’s fur in length or longer; (iv) Muffs; mings, but which shall in no event exceed garments during the months of June, the maximum price permitted to be July and August, 1941; (v) Scarfs; (vi) Stolls;' charged by the seller under the General (2) the percentage margin over cost Maximum Price Regulation * or any received for each classification of gar­ (3) “Category of women’s fur gar­ other applicable price regulation, and ment of each kind of skin sold during ment” means each different type within (ii) direct labor cost, which shall be June, July and August, 1941. each classification of women’s fur gar­ computed on the basis of wage rates paid (b) There shall also be submitted to ment, as defined in (2) above, for which in the month of March 1942, or if wages the Office of Price Administration such price differentials have customarily been were not paid, then the prevailing wage other reports as it may from time to time established. Such separate categories rates in the industry at that time, plus require. shall include, but not by way of limita­ any increase subsequent thereto pur­ tion, the following: § 1389.162 Evasion, (a) The price suant to a collective bargaining contract limitations set forth in this Maximum (i) “Kind of skin,” which means the or other wage agreement, which contract Price Regulation No. 178 shall not be animal from which the pelt was taken; was entered into on or before April 27, evaded whether by direct or indirect e. g., rabbit, muskrat, mink, beaver, red 1942,„and provides for an unconditional fox, silver fox, etc.; increase in wage rates of a fixed amount methods, in connection with an offer, or percentage; solicitation, agreement, sale, delivery, (ii) Geographical differences in origin purchase or receipt of or relating to any of fur; e. g., southern muskrats, Michi­ (13) “Same percentage margin over women’s fur garment, alone or in con­ gan muskrats, etc.; cost” is determined by subtracting the junction with any other commodity, or (iii) Size ranges, as enumerated in Ap­ total direct cost of all the garments of by way of commission, service, trans­ pendix A, § 1389.167; the same classification and type of skin portation or other privilege, or by tying (iv) Dyes or blends; e. g., in rabbits, from the total of their selling prices and agreement or other trade understanding, sealine, beaverette, lapin, striped coneys, dividing the resultant figure by the total or otherwise. etc. In muskrats, Hudson seal dyed, of the direct cost; (b) Specifically, but not by way of mink blend, sable blend, etc.; (14) “Special sizes” shall include all limitation, it is forbidden for any seller (v) Parts of skin used; e. g., bellies, sizes over 44 and all garments specially to, for the purpose of evading the price backs, paws, tails, pieces, etc. ; manufactured on individual orders at limitations set forth in this Maximum (vi) Methods of manufacturing; e. g., measurements which differ from the Price Regulation No. 178, sell, purchase, “let out,” skin to skin, plates, etc. normal sizes and require additional ma­ deliver, contract, deal or otherwise oper­ (4) “Retailer” means a person who terials. ate with or through any other person sells at retail except ^ manufacturer who (b) Unless the context otherwise re­ under common control with, controlled sells at retail; quires, the definitions set forth in by, controlling, or otherwise affiliated (5) A “sale at retail” or “selling at re­ § 1499.20 of the General Maximum Price with the seller. tail” means a sale or selling to an ulti­ Regulation9 and the definitions set forth § 1389.163 Enforcement, (a) Persons mate consumer; in Section 302 of the Emergency Price violating any provision of this Maximum (6) “Wholesaler” means a person who sells at wholesale; Control Act of 1942 shall apply to the Price Regulation No. 178 are subject to terms used herein. the criminal penalties, civil enforcement (7) A “sale at wholesale” means a sale actions, license suspension proceedings by a person who receives delivery of a § 1389.166 Effective date. This Maxi­ and suits for treble damages provided for women’s fur garment and resells it, with­ mum Price Regulation No. 178 (§§1389.151 out substantially changing its form, to by the Emergency Price Control Act of 8 Supra, note 1. 1942. 7 Supra, note 2. 9 Supra, note 1. 5280 FEDERAL REGISTER, Friday, July 10, 1942 to 1389.167, inclusive) shall become ef­ lighthouse, while light draft vessels and Mary’s River from Point Iroquois on Lake fective July 10, 1942. moderately laden vessels may enter Lake Superior to Point Detour on Lake Huron, Erie through the old downbound channel except the waters of the St. Mary’s Falls § 1389.167 Appendix A. The size west of the light. Canal (Code of Federal Regulations, ranges for women’s fur garments are as All downbound craft of less than 100 Title 33, Parts 207 and 323), is amended follows: gross tons, except tugs regularly engaged by changing Rule 19 to read as follows: (a) Jackets and Capes: in commercial towing, and all passenger § 7.10 Anchorage regulations for cer­ (1) Juniors’ sizes 9 to 17, inclusive. or excursion vessels regardless of size, tain ports of the United States. * * * (2) Misses’ sizes 10 to 20 and size 38, shall pass through the Amherstburg (d) * * * inclusive^, Channel; Rule 19. When both the Middle Neebish (3) Women’s sizes 40 to 44, inclusive. All upbound vessels shall enter the De­ Channel and the West Neebish Channel (4) Women’s sizes—specials. troit River via the Channel east of the Detroit River Lighthouse and pass are available to traffic, vessels of 100 (b) Strollers, capes, and wraps: gross tons or over shall pass upbound through the Amherstburg Channel. through the Middle Neebish Channel and (1) Juniors’ sizes 9 to 17, inclusive, J a m e s F o r r e s t a l , downbound through the West Neebish (2) Misses’ sizes 10 to 20 and size 38, Acting Secretary of the Navy. Channel. Vessels over the prescribed Inclusive. Approved: July 3, 1942. tonnage making regular local stops in (3) Women’s sizes 40 to 44, inclusive. either of those channels may run counter (4) Women’s sizes—specials. F r a n k l i n D R o o s e v e l t , The White House. to the general traffic direction only on (c) Coats, Capes, and Wraps: written permit issued by the Captain of {F. R. Doc. 42-6520; Filed, July 9, 1942; the Port, for such' terms and under such (1) Juniors’ sizes 9 to 17, inclusive. 10:09 a. m.] conditions of renewal or revocation as (2) Misses’ sizes 10 to 20 and size 38, he may prescribe. A vessel thus run­ inclusive. ning counter to general traffic shall keep (3) Women’s sizes 40 to 44, inclusive. P a r t 7—A n c h o r a g e a n d M o v e m e n t s o f off the channel range when an approach­ (4) Women’s sizes—specials. V e s s e l s a n d t h e L a d in g a n d D is c h a r g ­ ing vessel is on or entering that range. Issued this 9th day of July 1942. i n g o f E x p l o s i v e o r I n f l a m m a b l e West Neebish Channel shall be closed M a t e r ia l , o r O t h e r D a n g e r o u s C argo to all small craft of less than 100 gross L e o n H e n d e r s o n , miscellaneous a m e n d m e n t s tons, except that owned or operated by Administrator. the United States of America or the Do­ [F. R. Doc. 42-6587; Piled, July 9, 1942; Pursuant to the authority contained minion of Canada and/or tugs regularly 11:56 a. m.] in section 1, Title n of the Act of June engaged in commercial towing. All such 15, 1917, 40 Stat. 220 (50 U.S.C. 191), as traffic, either upbound or downbound, amended by the Act Of.November 15, shall use the Middle Neebish Channel 1941 (Public Law 292, 77th Congress), under the provisions of the Rules and TITLE 33—NAVIGATION AND NAVI­ and by virtue of the Proclamation and Regulations Relating to Anchorage and GABLE WATERS Executive order issued June 27, 1940 (5 Navigation in the St. Mary’s River, as F.R. 2419) and November 1, 1941 (6 F.R. hereby amended. Chapter I—Coast Guard, Department 5581), respectively, the Rules and Regu­ of the Navy lations Governing the Anchorage and The following new section is inserted: P a r t 6— A n c h o r a g e R e g u l a t i o n s Movements of Vessels and the Lading § 7.10 (e) Special regulations for nav­ and Discharging of Explosive or Inflam­ igating the channels in Lake St. Clair, regulations f o r c o n t r o l o f v e s s e l s i n mable Material, or Other Dangerous Michigan. Small craft of less than 100 territorial w a t e r s o f t h e u n i t e d s t a t e s Cargo, approved October 29,1940 (5 F.R. gross tons, except tugs regularly engaged L ow er D etro it R iv er, M ic h ig a n 4401), as amended, are hereby further in commercial towing, shall not approach Pursuant to the authority contained amended as follows: closer than 1000 feet to a cargo vessel of in section 1, Title n of the Espionage Section 7.5 (b) is amended by adding over 100 gross tons in the channels in Act, approved June 15, 1917, 40 Stat. the following subparagraph: Lake St. Clair between the southerly end of the. dike at the St. Clair Flats Canal 220 (U.S.C. title 50, sec. 191), as amended § 7.5 General rules and regulations. by the Act of November 15, 1941. (Public * * * and Peach Island Light at the head of the Detroit River. Law 292, 77th Congress), and by virtue (b) * * * of the Proclamation and Executive Order J a m e s F o r r e s t a l , (15) Whenever the Captain of the Acting Secretary of the Navy. issued June 27, 1940 (5 PR. 2419) and Port finds that the movement of any November 1, 1941 (6 P.R. 5581), respec­ Approved: July 3, 1942. tively, the regulations relating to the con­ vessel through or into any part of local trol of vessels in the territorial waters waters, as defined in § 9.1 of this chapter F r a n k l i n D R o o s e v e l t , of the United States (5 P.R. 2442), as (6 F.R. 5342), as amended, would en­ The White House. amended, are hereby further amended as danger such vessel or any other vessel, IP. R. Doc. 42-6519; Piled, July 9, 1942; or would be inimical to the maritime 10:09 a. m.] follows: interests of the United States, or the Section 6.1, which reaffirmed and con­ national war effort, by reason of dan­ tinued in force all existing rules and gerous navigation conditions within regulations of any department, agency those waters, or by reason of conditions TITLE 49—TRANSPORTATION AND or instrumentality of the United States on such a vessel, including but not lim­ governing anchorage and movements of ited to, fire hazards, unseaworthy condi­ RAILROADS vessels in the territorial waters of the tion of the hull, or unsafe machinery, Chapter I—Interstate Commerce Commis­ United States, is amended by changing the Captain of the Port may prevent such sion Rule 2 of the regulations governing the a vessel from proceeding through or into navigation of the Lower Detroit River, such waters until the unsatisfactory con­ {Ex Parte No. MO-35] Michigan, promulgated by the Secretary dition or conditions so found are cor­ Subchapter B—Carriers by Motor Vehicle of War (Code of Federal Regulations, rected, and he may, in the case of a like P a r t 210—E x e m p t i o n s Title 33, § 207.540) to read as folows: finding, after any vessel has entered EXEMPTION OF CASUAL, OCCASIONAL OR Rule 2. Downbound freight vessels of such waters, compel the anchoring, mooring, or removal of such vessel from RECIPROCAL TRANSPORTATION OF PASSEN­ 100 gross tons or over or tugs regularly GERS BY MOTOR VEHICLE engaged in commercial towing shall pass such waters. through the Livingston Channel as far Section 7.10 (d), which reaffirmed and A m e n d i n g E f f e c t iv e D a t e o f O r d e r as the Detroit River Light. Deep laden continued in force the rules and regula­ Upon consideration of the record in vessels shall enter Lake Erie through the tions governing the movement and an­ the above-entitled matter; and good 1,200 foot channel passing east of the chorage of vessels and rafts in the St. cause appearing: FEDERAL REGISTER, Friday, July 10, 1942 5281

It is ordered, That the order entered [Public Land Order 7] and other purposes, so far as it affects in said matter on March 21, 1942, New M exico any of the lands described herein. [§ 210.11 of the Code of Federal Regula­ H arold R. I ckes, tions] as subsequently modified to be­ WITHDRAWING PUBLIC LANDS FOR USE OF Secretary of the Interior. THE WAR DEPARTMENT AS AN AIR BASE come effective July 15, 1942, be, and it J une 30, 1942. is hereby, further modified so as to be­ By virtue of the authority vested in come effective on September 1,1942. the President, and pursuant to Executive [F. R. Doc. 42-6508; Filed, July 8, 1942; Dated at Washington, D. C., this 2nd Order No. 9146 of April 24, 1942, and 10:32 a. m.] day of July, A. D. 1942. section 1 of the act of June 28, 1934, as By the Commission, Commissioner amended, c. 865, 48 Stat. 1269 (U.S.C., Lee. title 43, sec. 315), it is ordered as fol­ [seal] W. P. Bartel, lows: Bituminous Coal Division. Secretary. The following-described public lands [Docket No. R-209] are hereby withdrawn, subject to valid [P . R. Doc. 42-6532; Filed, July 9, 1942; H arry Nicklow 11:32 a. to.’] existing rights, from all forms of appro­ priation under the public-land laws, in­ CEASE AND DESIST ORDER, ETC. cluding the mining laws, and reserved Order approving and adopting the pro­ Notices for the use of the War Department as an air base: posed findings of fact, proposed conclu­ sions of law of the Examiner, and cease N e w M e x i c o P r i n c i p a l M e r i d i a n and desist order. DEPARTMENT OF THE INTERIOR. T. 17 S., R. 8 E., secs. 1, 3, 10, 11, 12, 14, and This proceeding was instituted upon a 16, complaint duly filed with the Bituminous General Land Office. containing 4,482.80 acres. Coal Division on February 10, 1942, by [Public Land Order 6] District Board No. 1. The complaint al­ The order of the Secretary of the In­ leged that code member had wilfully N evada terior of April 8, 1935, establishing New Mexico Grazing District No. 4, is hereby violated the Bituminous Coal Code or WITHDRAWING PUBLIC LANDS FOR USE OF modified to the extent necessary to per­ the rules and regulations thereunder, WAR DEPARTMENT AS AIR BASE and prayed that the Division either#can- mit the use of the lands as herein pro­ cel and revoke the code membership, By virtue of the authority vested in vided. or, in its discretion, direct the code mem­ the President and pursuant to Executive It is intended that the lands described ber to cease and desist from violation Order No. 9146 of April 24, 1942, and the herein shall be returned to the adminis­ of the Code and rules and regulations act of June 28, 1934, as amended, c. 865, tration of the Department of the Inte­ thereunder. 48 Stat. 1269 (U.S.C., title 43, secs. 315- rior when they are no longer needed for A hearing was held on March 25, 1942, 315p), it is ordered as follows: the purpose for which they are reserved. before Joseph A. Huston, a duly desig­ The public lands in the following- H arold L. I ckes, nated Examiner of the Division at the described areas are hereby withdrawn, Secretary of the Interior. hearing room thereof at Altoona, Penn­ subject to valid existing rights, from all 0 J une 29, 1942. sylvania. All interested persons were af­ forms of appropriation under the public- [F. R. Doer 42-6507; Filed, July 8, 1942; forded an opportunity to be present, ad­ land laws, including the mining laws, and 10:32 a. m.] duce evidence, cross examine witnesses reserved for the use of the War Depart­ and otherwise be heard. District Board ment as an air base: 1 appeared. Code member appeared

M o u n t D ia b l o M e r i d i a n without counsel. [Public Land Order 8] The Examiner made and entered his T. 21 N„ R. 18 E., secs. 24, 25, 36; Report, Proposed Findings of Fact, Pro­ T. 20 N., R. 19 E„ secs. 4, 5, 6; Arizona T. 21 N., R. 19 E., secs. 7 to 11, 14 to 23, 26 to posed Conclusion of Law and Recom­ 35, inclusive. WITHDRAWING PUBLIC LANDS FOR NATIONAL mendation in this matter, dated May 28, DEFENSE PURPOSES 1942, in which he found that code mem­ The areas described, including both ber wilfully violated the provisions of public and non-public lands, aggregate By virtue of the authority vested in the section 4 II (e) of the Act by selling 19,816.23 acres. President and pursuant to Executive during the period of October 1, 1940, to The order of the Secretary of the Order No. 9146 of April 24, 1942, it is April 1, 1941, 146 tons of mine run coal Interior of October 18, 1935, establishing ordered as follows: produced at the Nicklow Mine, Mine In­ Nevada Grazing District No. 2, is hereby modified to the extent necessary to per­ Subject to valid existing rights, the fol­ dex No. 1844, located in Somerset County, mit the use of the lands as herein pro­ lowing-described public lands are hereby Pennsylvania, at a price of $1.75 per vided. withdrawn from all forms of appropria­ ton, whereas the effective minimum price It is intended that the lands described tion under the public land laws, including for that particular coal was $2.10 per herein shall be returned to the adminis­ the mining laws, and reserved under the ton f. o. b. the mine. He recommended tration of the Department of the Inte­ jurisdiction of the Secretary of the In­ that an order be entered cancelling and rior when they are no longer needed for terior for use in connection with national revoking the code membership of said the purpose for which they are reserved. defense purposes. Harry Nicklow, and providing that prior G ila a n d S alt R iver M e r id ia n H arold L. I ckes, to the reinstatement to membership in Secretary of the Interior. T 12 S., R. 8 E., sections 9 to 16, inclusive. the Code, said Harry Nicklow shall pay J une 26, 1942. This order shall take precedence over, to the United States a tax in the sum of $119.58 in accordance with the provi­ [F. R. Doc. 42-6506; Filed, July 8, 1942; but shall not rescind or revoke, Executive 10:32 a. m.] Order No. 6910 of Noverber 26, 1934, as sions of section 5 (c) of the Act. amended, withdrawing public lands in An opportunity was afforded to all 17 F.R. 3531. Arizona and other states for classification parties to file exceptions and supporting No. 135------4 5282 FEDERAL REGISTER, Friday, July 10, 1942 briefs to the said Examiner’s Report and of the Code and rules and regulations evidence in the record to show that the no such exceptions or supporting briefs thereunder. After due notice to inter­ coal which code member had been ob­ have been filed. ested persons, a hearing in this matter taining from the second opening was of The undersigned has considered the was held on February 18, 1942, before the same quality and texture as that record in this matter and has determined Scott A. Dahlquist, a duly designated obtained from the original mine. The that the proposed findings of fact and Examiner of the Division, at a hearing Examiner furthermore was of the opin­ proposed conclusion of law of the Ex­ room thereof in Chattanooga, Tennes­ ion that the “distinct independence of aminer should be approved and adopted see.1 All interested persons were af­ the two mines” was confirmed by the as his findings of fact and conclusion of forded an opportunity to be present, establishment by .the Division in Octo­ law. The undersigned feels, however, adduce evidence, cross-examine wit­ ber 1941 of separate price classifications that the effectuation of the purposes of nesses and otherwise be heard. Appear­ and minimum prices for the second the Act will be accomplished in this ances were entered by complainant and' opening; which was designated Mine matter by the entry of a cease and de­ by code member. Index No. 1264. sist order, and hence does not adopt the Examiner Dahlquist submitted, on Examiner Dahlquist pointed out that recommendation of the Examiner that June 4, 1942, his Report, Proposed Find­ code member's position was not strength­ an order be entered revoking and can­ ings of Fact, Proposed Conclusions of ened by his claim that the second open­ celling the code membership of Harry Law and Recommendation. The Exam­ ing was. still part of the original m in e . Nicklow. iner found that acceptance of the Bitu­ Run of mine coal produced at Mine Index Now, therefore, it is ordered, That the minous Coal Code by A. C. (Clyde) No. 895 bore a minimum price of $2.35 per proposed findings of fact and proposed Rounsavill, Jasper, Tennessee, was re­ ton f. o. b. the mine, as provided in the conclusion of law of the Examiner be, ceived by the Bituminous Coal Division Schedule of Effective Minimum Prices for and the same hereby are approved and an July 8,1940. At that time code mem­ District No. 13 for Truck Shipments. To adopted as the findings of fact and con­ ber was operating the Rounsavill Mine, this, as required by Price Instruction No. clusion of law of the undersigned. Mine Index No. 895. This mine, which 7, was to be added to the actuakcost of It is further ordered, That the code was assigned minimum prices for truck transportation in the event that the pro­ member, Harry Nicklow, his representa­ coal in Docket No. A-205 (November 25, ducer provided transportation of the-coal tives, agents, servants, employees, attor­ 1940), was located on one side of Big to the consumer. The Examiner found neys, heirs, administrators, successors or Ridge, Marion County, Tennessee, on a. that Rounsavill had sold the May output assigns, cease and desist and they are strip of ground rented by code member. of the second mine to H. A. Griffith at a hereby permanently enjoined and re­ The Examiner stated that this strip of price of $2.10 per ton as delivered by strained from selling or offering to sell ground was about 300 feet in width and code member to a purchaser from Grif­ coal below the effective minimum price extended a half mile through the hill to fith and that code member allowed therefor, or from otherwise violating the the other side of Big Ridge. Around Griffith a distributor's discount of 10 Bituminous Coal Act, the Code, the March 1941 code member ran into a cents per ton. Code member thus had Schedule of Effective Minimum Prices squeeze; and at the end of that month, been selling coal far below the minimum for District No. 1 for Truck Shipments* or during the early part of April 1941, price established for-Mine Index No. 895 the Marketing Rules and Regulations, according to Examiner Dahlquist, code even if such price was applicable to coal and all appropriate carders of the Divi­ member began prospecting on the other produced at Mine Index No, 1264. The sion. side of the hill in order indirectly to get% Examiner said “I am not persuaded that It is further ordered, That the Division around, rather than drive directly code member establishes his innocence may, upon failure of code member herein through the squeeze pinching the orig­ of the charge of selling unpriced coal by to comply with this order, forthwith ap­ inal entry. The Examiner found that asserting instead that he is guilty of ply to the Circuit Court of Appeals of the code member drove the second entry on selling coal below the established min­ United States within any circuit wherein the same 300 foot strip of ground and imum.” the code member resides or carries on that, without pulling up the tracks at The Examiner concluded that codfe business for the enforcement hereof or the first opening but no longer mining member had violated the Order in Gen­ take any other appropriate action. there, code member worked the new eral Docket No. 19 and Order No. 288 by Dated: July 8, 1942. opening from about May 14,1941, through selling, during May 1941, 174.Q6 tons of [ s e a l ] D a n H. W h e e l e r , August 1, 1941. The utmost depth to mine run coal produced at a mine for Acting Director. which code member drove the new mine which price classifications and minimum [F. R. Doc. 42-6526; Filed, July 9, 1942; was 35 feet; the coal so produced was prices had not yet been established, and 11:22 a. m.J soft and stained, described by Rounsavill by failing to report to the Division the as “outcrop coal.” change in operations at his Rounsavill The Examiner found that during the Mine No. 1 that occurred in May 1941. month of May 1941, as charged 1«? com­ The Examiner recommended that an [Docket No. 1791-FD]* plainant, Rounsavill sold about 174.06 order be entered requiring code member A . C . (C l y d e ) R o u n s a v i l l tons of mine run coal produced at the to cease and desist from further viola­ second opening to H. A. Griffith, a regis­ tions of the Code and rules and regula­ CEASE AND DESIST ORDER, ETC. tered distributor, Registration No. 3730. tions thereunder. Order approving and adopting pro­ It was further found by the Examiner An opportunity was offered to all par­ posed findings of fact, proposed conclu­ that code member did not report to the ties to file exceptions to the Proposed sions of law and recommendation of the Division the termination or suspension Findings of Fact, Proposed Conclusions Examiner, and order to cease and desist. of operations on the other side of Big of Law and Recommendation of the This proceeding was instituted upon a Ridge, nor the commencement of op­ Examiner, and supporting briefs. No ex­ complaint filed on July 25, 1941 by the erations at the new opening. ceptions or supporting briefs have been Bituminous Coal Producers Board for Code member asserted that the driv­ filed. District No. 13 with the Bituminous Coal ing of the second entry did not consti­ The undersigned Jhas determined that Division, pursuant to sections 4 II (j) tute the opening of a new mine but was the proposed findings of fact and pro­ and 5 (b) of the Bituminous Coal Act of simply a continuation or part of his op­ posed conclusions of law of the Examiner 1937. The complaint alleges that A. C. eration of Mine Index No. 895. In rep'y in this matter should be approved and (Clyde) Rounsavill, a code member in to this contention, Examiner Dahlquist adopted as the findings of fact and con­ District No. 13, wilfully violated the Bitu­ referred to the fact that there was no clusions of law of the undersigned. minous Coal Code and the rules and Now, therefore, it is ordered, That the 1A petition to intervene, dated September said proposed findings of fact and pro­ regulations thereunder, and prays that 11, 1941, filed by the Truck Coal Mines Asso­ the Division either cancel and revoke the ciation of Chattanooga, Tennessee, was posed conclusions of law of the Examiner code membership of A. C. (Clyde) denied by the Division on October 6, 1941, be, and they hereby are, approved and Rounsavill, or, in its discretion, direct since petitioner was not a proper party inter­ adopted as the findings of fact and con­ him to cease and desist from violations vener. clusions of law of the undersigned. FEDERAL REGISTER, Friday, July 10, 1942 5283 It is further ordered, That A. C. (Clyde) bership in the Code of this code mem­ This proceeding was instituted upon a Rounsavlll, code member, his representa­ ber there -shall be paid to the United petition filed with the Bituminous Coal tives, agents, servants, employees, attor­ States a tax in the sum of-$568.62 in ac­ Division, pursuant to section 4 II (d) of neys, successors or assigns, and all other cordance with the provision of section the Bituminous Coal Act of 1937, by persons acting or claiming to act in his 5 (c) of the Act. Wheeling Valley Coal Corporation, the behalf, cease and desist and they are An opportunity was afforded to all Cove Hill Coal Company, and Buffalo hereby enjoined and restrained from vio­ parties to file exceptions and supporting Coal and Coke Company, code member lations of the Bituminous Coal Act of briefs to the said Examiner’s Report and producers in District 6, requesting reduc­ 1937, the Bituminous Coal Code and rules no such exceptions or supporting briefs tions in the effective minimum prices for and regulations made thereunder and, in have been filed. coals shipped ex-river into Market Areas particular, the Order in General Docket The undersigned has considered the 11, 12, and 13. District Boards 1, 2, 4 No. 19 and Order No. 288. records in this matter and has deter­ and 6 filed petitions of intervention. The It is further ordered, That upon failure mined that the proposed findings of fact Bituminous Coal Consumers’ Counsel filed or neglect of code member to comply with and proposed conclusion of law of the a notice of appearance. this Order, the Division may forthwith Examiner should be approved and Pursuant to Orders of the Director an d 1 apply to the Circuit Court of Appeals of adopted as his findings of fact and con­ after due notice to all interested per­ the United States where said code mem­ clusion of law. The undersigned feels, sons, a hearing in this matter was held ber resides or carries on business for the however, that the purposes of the Act before Charles O. Fowler, a duly desig­ enforcement thereof, or may take any will be served by the entry in this mat­ nated Examiner of the Division at a other appropriate action. ter of a cease and desist order, and hence hearing room thereof in Washington, D. Dated: July 8, 1942. does not adopt the recommendation of C. All interested persons were afforded [seal] D an H. W heeler, the Examiner that an order be entered an opportunity to be present, adduce evi­ Acting Director. revoking and cancelling the code mem­ dence, cross-examine winesses and other­ bership of the code members here [F. R. Doc. 42-6527; Filed, July 9, 1942; wise be heard. The preparation and fil­ 11:22 a. m.] involved. ing of a report by the Examiner was Now, therefore, it is ordered, That the waived. proposed findings of fact and proposed On September 29, 1941, the Director [Docket No. B-210] conclusion of law of the Examiner be, issued his Findings of Facts, Conclusions and the same hereby are approved and of Law and Opinion and an Order deny­ M iller, H enry and H enry adopted as the findings of fact and con­ ing the prayers for relief contained in CEASE AND DESIST ORDER, ETC. clusion of law of the undersigned; and the petition. It is further ordered, That Earl Miller, Order approving and adopting the pro­ Clyde Henry and Harry Henry indi­ On November 27,1941, petitioners filed posed findings of fact, proposed conclu­ vidually and as co-partners doing busi­ a petition with the Circuit Court of Ap­ sions of law of the Examiner, and cease ness under the name and style of Miller, peals for the Fourth Circuit asking that and desist order. Henry and Henry, code member, its rep­ the Director’s Order of September 29, This proceeding was instituted upon a 1941 be reviewed and that upon review it resentatives, agents, servants, employ­ be reversed. complaint filed with the Bituminous Coal ees, attorneys, heirs, administrators, suc­ Division on February 10, 1942, by Dis­ cessors or assigns, cease and desist and Prior to the cause being argued upon trict Board No. 1. The complaint alleged hereby are permanently enjoined and the petition for review, petitioners filed that code member had wilfully violated restrained from selling or offering to sell a motion for leave to apply to the Divi­ the Bituminous Coal Code or the rules coal below the effective minimum price sion to reopen the cause and for other and regulations thereunder, and prayed therefor, or from otherwise violating the relief and stating that if the cause were that the Division either cancel and re­ Bituminous Coal Act, the Code, the reopened before the Division, the peti­ voke the code membership, or, in its dis­ Schedule of Effective Minimum Prices tioners would take steps to dismiss their cretion, direct the code member to cease for District No. 1 For Truck Shipments, appeal. A memorandum in opposition and desist from violation of the Code the Marketing Rules and Regulations, to the unrestricted approval of this mo­ and rules and regulations thereunder. and all appropriate orders of the'Divi­ tion was filed by District Boards 2, 3, and A hearing was held in this matter on sion. 4. The restricted approval contended March 26,1942 before Joseph A. Huston, It is further ordered, That the Divi­ for by these district boards was opposed a duly designated Examiner of the Di­ sion may, upon failure of the code mem­ by the Division at the argument before vision at the hearing room thereof at bers herein to comply with this order, the court on June 15, 1942. On June Altoona; Pennsylvania. All interested forthwith apply to the Circuit Court of 16,1942, the court issued an order grant­ persons were afforded an opportunity to Appeals of the United States within any ing the motion of petitioners without re­ be present, adduce evidence, cross-exam­ circuit where they reside or carry on striction and authorizing petitioners to ine witnesses and otherwise be heard. business for the enforcement hereof or apply to the Division to reopen the District Board 1 appeared and code mem­ take any other appropriate action. cause. ber appeared without counsel. Dated: July 8, 1942. On June 24, 1942, petitioners filed a The Examiner made and entered his motion requesting that the cause be re­ [seal] D an H. W heeler, opened and permission be granted peti­ Report, Proposed Findings of Fact, Pro­ Acting Director. posed Conclusion of Law and Recom­ tioners to amend their petition of No­ mendation in this matter, dated May 29, [F. R. Doc. 42-6528; Filed, July 9, 1942; vember 8, 1940 so as to include therein 1942, and found that code member vio­ 11:22 a. m.] an additional and alternative request lated Section 4 II (e) of the Act by sell­ for relief. ing during the period of November 28, Upon consideration of the motion, I 1940 to July 31, 1941, 648 tons of run ^ [Docket No. A-341] find and conclude that the motion to of mine coal produced at the code mem­ W heeling Valley Coal Corporation, reopen the cause and amend the peti­ ber’s mine, Mine Index No. 2618, located et AL. tion of November 8, 1940, should be in Somerset County, Pennsylvania, in granted. —: . District No. 1, at a price of $1.75 per ton, MEMORANDUM OPINION AND ORDER REOPEN­ Now, therefore, it is ordered, That the whereas the effective minimum price for ING CAUSE motion to reopen the cause in Docket said coal was $2.25 per ton f. o. b. the In the matter of'the petition of Wheel­ No. A-341 be, and it is hereby, granted mine. The Examiner recommended ing Valley Corporation, Cove Hill Coal and leave is granted petitioner to file an that an order be entered cancelling and Company, and the Buffalo Coal and Coke amended petition. revoking the code membership of Earl Company, code members in District No. Dated: July 8, 1942. Miller, Clyde Henry and Harry Henry 6, for a reduction in the effective mini­ Lseal] D an H. W heeler, individually and as co-partners doing mum prices for ex-river shipments into Acting Director. business under the name and style of market areas 11, 12 and 13, pursuant to Miller, Henry and Henry, and providing section 4 H (d) of the Bituminous Coal [F. R. Doc. 42-6529; Filed, July 9, 1942; that prior to any reinstatement to mem­ Act of 1937. 11:22 a. m.] 5284 FEDERAL REGISTER, Friday, July 10, 1942

DEPARTMENT OF LABOR. not make a determination pursuant to Apparel Learner Regulations, Septem­ the provisions of section 1 , * copies should be filed. New ‘ York Handkerchief Mfg. Co., 9. Knitted and Men’s Woven Under­ Dated: July 8, 1942. 1021 West Adams St., Chicago, Illinois; wear and Commercial Knitting Industry, W m . R. M cComb, Handkerchiefs; 5 percent (T>; January 10. Miscellaneous Apparel Industry; Assistant Administrator. 9 1943. and [P. R. Doc. 42-65SO; Filed, July 9, 1942; ’ Wyekoff Button Hole Works, 182 Whereas, all of the aforementioned 11:25 ft. m.J Wyekoff Ave., Brooklyn, New York; wage orders established 40 cents per Button holes; 4 learners CT); July 9, hour as the minimum wage required to 1943. be paid to those employees in said indus­ Single Pants, Shirts and Allied Garments tries who are subject to the Fair Labor Wage and Hour Division. and Women’s Apparel Industries Standards Act of 1938; and Learner Employment Certificates Crown Pants Co., 29 S. Washington Whereas, it appears that substantially St., Hammonton, New Jersey; Men’s all employees subject to the proposed NOTICE OF ISSUANCE pants and slacks; 9 learners (T); July wage determination for the Knitting, Notice of issuance of Special Certifi­ 9, 1943. Knitwear, and Woven Underwear Indus­ cates for the employment of learners Jacob Miller’s Sons Co., 16th & Reed try are engaged in commerce or in the under the Fair Labor Standards Act of Sts., Philadelphia, Pennsylvania; Men’s production of goods for commerce, as 1938. dress shirts; 20 learners (T); January that term is defined in the Fair Labor Notice is hereby given that Special 9,1943. Standards Act of 1938, and that, conse­ Certificates authorizing the employment John W. Shaw Co., Inc., 329 North quently, said wage orders have the effect of learners at hourly wages lower than Main St.,, Decatur, Illinois; Ladies wash of establishing a prevailing minimum the minimum wage rate applicable under dresses, cotton suits; 10 percent (T); wage of not less than 40 cents per hour section 6 of the Act are issued under sec­ July 9, 1943. in the Knitting, Knitwear, and Woven tion 14 thereof, Part 522 of the Regula­ Trouser Corporation of America, Underwear Industry as defined herein; tions issued thereunder (August 16, 1940, Meadow Ave. & Maple St., Scranton, Now, therefore, notice is hereby given 5 F.R. 2862) and the Determination and Pennsylvania; Men’s and boys’ trousers; to all interested parties of the opportu­ Order or Regulation listed below and 85 learners (E); January 9, 1943. nity to show cause, on or before July 29, published in the F ederal R egister as here David L, Wilder, Marshall at Market 1942, why the Secretary of Labor should stated. St., Norristown, Pennsylvania; Men’s FEDERAL REGISTER, Friday, July IO, 1942 5285 pants; 5 learners (T); July 7, 1943. Wahpeton Pottery Co., 315 6th St., pointment continues to run against his (Tills certificate effective July 7, 1942.) Wahpeton, North Dakota; Pottery; 2 state of original residence. Certifica­ Hosiery learners; 8 weeks for any one learner; tions ot eligibles are first made from 25 cents per hour; Finishers, glazers, states which are in arrears. Belle Meafle Hosiery Mills, Inc., 51st & daymen; November 9, 1942. (This cer­ Centennial Boulevard, Nashville, Ten­ tificate effective July 6, 1942.) nessee; Seamless hosiery; 5 learners Number of positions oc­ (T); July 9, 1943. Signed at New York, N. Y., this 7th Num­ cupied day of July 1942. ber of Harriman Hosiery Mills, Harriman, posi­ M erle D. Vincent, State War Tennessee; Seamless hosiery; 10 percent tions to service (T); July 9, 1943. Authorized Representative which Perma­ after Total of the Administrator. entitled nent Mar. Knitted Wear 15,1942 [F. R. Dog. 42-6523; Filed, July 9, 1942; Burkey Underwear Co., Second & Pine 10:40 a. m.] Sts., Hamburg, Pennsylvania; Knitted IN ARREARS underwear; 10 learners (T); July 9,1943. 1. Virgin Islands__ 19 0 0 0 Textile 2. Puerto Rico...... 1,428 57 1 58 BOARD OF GOVERNORS OF THE FED­ 3. Hawaii...... 324 25 0 25 Parkersburg Silk Mills, Inc., Parkers­ 4. Alaska...... 55 14 0 14 ERAL RESERVE SYSTEM. 6 . California...... 5,279 1,614 18 1,632 burg, West Virginia; Silk and rayon; 3 6. Michigan...... 4,017 1,633 3 1,636 percent (T); July 9,1943. R egulation of Consumer Credit 7. Louisiana...... 1,807 738 1 739 8. Arizona...... 382 179 0 179 Signed at New York, N. Y., this 7th 9. Texas...... 4,902 2,563 12 2,575 ADOPTION OF REVISED STATEMENT OF 10. Kentucky...... 2,175 1, 219 4 1,223 day of July 1942. BORROWER FORM 11. Georgia...... 2,387 1,873 5 1,378 M erle D. Vincent, 12. Alabama______2,165 1,287 5 1, 292 Pursuant to Executive Order No. 8843 13. South Carolina... 1,452 887 2 889 Authorized Representative of August 9, 1941,1 the Board of Gov­ 14. O^io...... 5,279 3,246 23 3,269 of the Administrator. 15. Mississippi...... 1,669 1,083 3 1,086 ernors of the Federal Reserve System is­ 16. Arkansas...... 1,490 1,009 1 1,010 [F. R. Doc. 42-6524; Filed, July 9, 1042; sued its Consumer Credit Regulation, as 17. Nevada______84 57 1 58 18. North Carolina.. 2,730 1,952 4 1,956 10:40 a. m.] amended, being Part 222, Chapter n , 19. New Jersey...... 3,179 2,354 19 2,374 Title 12, Code of Federal Regulations.* 20. Indiana...... 2,620 1,969 6 1,975 21. Oregon...... 833 653 2 658 In accordance with §§ 222.6 (d) and 22. New Mexico___ 406 327 1 328 222.7 (d) of such Part, as amended, the 23. Tennessee...... 2,228 1,802 3 1,805 Learner E mployment Certificates 24. Illinois...... 6,035 4,881 15 4,896 Board of Governors of the Federal Re­ 25. Florida...... 1,450 1,211 6 1,217 NOTICE OF ISSUANCE serve System has prescribed a revised 26. Idaho...... 401 336 1 337 Statement of Borrower form (Form F.R. 27. Washington...... 1,327 1,125 5 1,130 Notice of issuance of Special Certifi­ 28. Connecticut____ 1,306 1,119 5 1,124 564-a).s However, any Registrant may, 29. Wisconsin...... 2,398 2,056 11 - 2,067 cates for the employment of learners at his option, continue to use the original 30. Delaware...... 204 181 1 182 under the Pair Labor Standards Act of 31. Vermont______275 264 3 267 Statement of Borrower fofm (Form F.R. 32. Rhode Island.... 545 538 1 539 1938. 564) 4 until July 31,1942, provided Ques­ Notice is hereby given that Special tion 2 thereof is deleted and the word Certificates authorizing the employment “instalment” is deleted from Question 3. IN EXCESS of learners at hourly wages lower than Board of Governors of the Federal Re­ the minimum rate applicable under sec­ serve System. 33. Missouri...... 2,892 2,918 6 2,924 tion 6 of the Act are issued under section 34. Utah...... 421 427 0 427 [seal] S. R. Carpenter, 35. Pennsylvania___ 7,566 7,726 19 7,745 14 thereof and § 522.5 (b) of the Regula­ 36. New Hampshire. 376 394 1 395 tions issued thereunder (August 16,1940, Assistant Secretary. 37. West Virginia__ 1,454 1,528 4 1,532 38. Massachusetts... 3,299 3,494 23 3,517 5 P.R. 2862) to be employers listed [F. R. Doc. 42-6521; Filed, July 9, 1942; 89. Maine...... 647 709 2 711 below effective July 9, 1942. 10:09 a. m.] 40. Oklahoma...... 1,786 2,145 4 2,149 41. Montana...... 428 536 3 539 The employment of learners under 42. Colorado...... 858 1,089 6 1,095 these Certificates is limited tg the terms 43. Iowa...... 1,940 2,479 4 2,483 and conditions as designated opposite 44. Minnesota...... 2,134 2,737 17 2,754 45. Wyoming...... 192 252 0 252 the employer’s name. These Certificates CIVIL SERVICE COMMISSION. 46. New York...... 10,301 13,983 116 14,099 are issued upon the employers’ represen­ 47. Kansas______1,376 2,031 4 2,035 Condition of the Apportionment at 48. North Dakota__ 491 738 1 739 tations that experienced workers for the 49. Virginia...... 2,046 3,374 5 3,379 learner occupations are not available for Close of B usiness T uesday, J une 30, 50. South Dakota— 491 911 4 915 1942 51. Nebraska...... 1,006 1,981 2 1,983 employment and that they are actually 52. Maryland....r... 1,392 3,708 10 3,718 in need of learners at subminimum rates Important. The apportioned classified 53. District of Co- in order to prevent curtailment of oppor­ Civil Service includes central offices lumbia...... 507 11,137 11 11,148 tunities for employment. The Certifi­ physically located in Washington, D. C., cates may be cancelled in the manner or elsewhere. Positions in local post of­ Gains...... Gains...... —... 3,309 provided for in the Regulations and as fices, customs districts and other field Losses______...... 1,366 indicated on the Certificate. Any person services outside of the District of Colum­ Total appointments...... 102,454 aggrieved by the issuance of these certifi­ bia which are subject to the Civil Service N ote: Number of employees occupying apportioned cates may seek a review or reconsidera­ Act are filled almost wholly by persons ositions who are excluded from the apportionment tion thereof. gures under Sec. 3, Rule VII, and the Attorney Gen­ who are local residents of the general eral’s Opinion of August 25, 1934, 22,298. N a m e a n d A d d r e s s o p F i r m , P r o d u c t , N u m b e r community in which the vacancies exist. o p L e a r n e r s , L e a r n i n g P e r i o d , L e a r n e r It should be noted and understood that This report supersedes previous report W a g e , L e a r n e r O c c u p a t i o n s , E x p i r a t io n so long as a person occupies, by original dated: June 30, 1942.1 D a t e appointment, a position in the appor­ By direction of the Commission. Thoma Paper Box Co., Inc., 650 Clin­ tioned service, the charge for his ap- ton St., Buffalo, New York; Set-up paper [seal] L. A. M oyer, boxes; 10 percent; 6 weeks (240 hours) 16 PB . 4035. Executive Director *6 FR . 4443, 4838, 5507; 7 F.R. 1826, 3351, and Chief Examiner. for any one learner; 30 cents per hour; 5080. Part 222 corresponds to Regulation Vy, Basic hand and machine box making Board of Governors of the Federal Reserve [F. R. Doc. 42-6513; Filed, July 8, 1942; operations, except cutting, scoring and System. 4:42 p. m.] slitting; January 6, 1943. (This certifi­ * Filed as part ot the original document. cate effective July 6, 1942.) * 6 FR . 6620. » 7 FR. 5095. 5286 FEDERAL REGISTER, Friday, July 10, 1042 FEDERAL POWER COMMISSION. 1942, at 10 A. M. The Commission will Court of the United States for the South­ appreciate the courtesy of being given ern District of New York pursuant to [Docket No. DI—166] advance notice of intention to attend the which Nathan A. Sxffyth and Leo Loeb G eorgia P ower Company conference. were appointed Trustees of the Estate of the Debtor therein on October 10, 1941; ORDER CHANGING PLACE AND DATE OP HEARING [seal] W. P. B artel, Secretary. and J uly 7,1942. North American Gas and Electric [F. R. Doc. 42-6531; Filed, July 9, 1942; Company having filed on January 22, It appearing that: The Commission on 11:32 a. m.] June 23, 1942, at the request of Georgia 1942 Amendment No. 15 to the aforesaid Power Company, directed that the above application wherein the said applicant entitled proceeding come on for hearing proposes that the Commission: on August 3, 1942, at 9:45 a. m. in Room 1. Declare the common stock of 238 in the Federal Building, Macon, SECURITIES AND EXCHANGE COM­ Washington Gas and Electric Company Georgia; MISSION. to b% worthless and without value what­ The Commission, upon its own motion [File Nos. 70-326, 59-22] soever, and for good cause shown orders that: 2. Order North American Gas and The hearing in this proceeding be held N orth American G as and Electric Co., E t Al. Electric Company to surrender said beginning on September 14, 1942, at 9:45 stock to the Trustees in Bankruptcy of a. m. (E. W. T.) in the Federal Building, NOTICE OF AND ORDER TO RECONVENE HEARING Washington Gas and Electric Company Atlanta, Georgia. AND TO CONSIDER AMENDMENT without consideration therefor, and By the Commission. At a regular session of the Securities 3. Declare by order that North Ameri­ [seal] Leon M. F uquay, and Exchange Commission, held at its can Gas and Electric Company has Secretary. office in the City of Philadelphia, Pa., ceased to be a holding company pursu­ [F. R. Doc. 42-6522; Filed, July 9, 1942; on the 7th day of July, A. D. 1942. ant to the provisions of section 5 (d) of 10:09 a. m.] In the Matter of North American Gas the Act. and Electric Company, Washington Gas The Commission having re-examined and Electric Company, and Southern the corporate structure of North Ameri­ Utah Power Company, Applicants; can Gas and Electric Company and its INTERSTATE COMMERCE COMMIS­ North American Gas and Electric Com­ system, and having examined the exhib­ pany, Washington Gas and Electric Com­ its A, B, C, D, E and F attached hereto, SION. pany, Nathan A. Smyth and Leo Loeb, particularly in the light of the events D ouble and T riple Loading op Carload Trustees of the Estate of Washington Gas above described which have occurred S hipments in S ingle Cars and Electric Company, Southern Utah subsequent to the hearings held herein; Power Company, Dominion Electric Pow­ and NOTICE OF CONFERENCE er, limited, Oregon Gas and Electric It appearing to the Commission on the J uly 8,1942. Company, Columbia Electric Development basis of said examination that there is Various parties have brought to the Company, Dominion Electric Power evidence tending to show that: attention of the Commission the fact that Company, Colonial Ice Company, Loeb & 1. North American Gas and Electric no general tariff or tariffs specifying the Eames, Inc., Pleasant Hill Gas Company, Company has lost through foreclosure or services and charges therefor to govern Respondents. surrender its principal investments which the handling of two or more carload ship­ North American Gas and Electric Com­ were pledged as collateral for bank loans ments in one car have been filed. Among pany, Washington Gas and Electric Com­ outstanding at the time of its reorganiza­ those who have corresponded with the pany and Southern Utah Power Company tion in 1937 pursuant to section 77B of Commission on the matter are the Ship­ having filed an application and amend­ the Bankruptcy Act (2 S. E. C., 207). pers’ Conference of Greater New York, ments thereto, pursuant to sections 7, 10 2. The companies whose securities are the Rubber Manufacturers Association, and 11 (e) of the Public Utility Holding presently listed as investments in sub­ Inc., the Commerce and Industry Asso­ Company Act of 1935, concerning a plan sidiaries or other companies by North ciation of New York, Inc., the Merchants for simplification of the capital structure American Gas and Electric Company are Association of New York, and St. Joseph of the said Washington Gas and Electric engaged in business as follows: Lead Company. The subject has been a Company and the acquisition of certain matter of correspondence with officials utility properties by the said Washington (a) Washington Gas and Electric of the Association of American Railroads, Gas and Electric Company, which plan Company, a registered holding company but the Commission has not been defi­ provided for the surrender by North and public utility company is presently nitely advised of the arrangements that American Gas and Electric Company of being reorganized under the provisions of have been made for double and triple the common stock owned by it in said Chapter X of the Bankruptcy Act in the loading of equipment, and uncertainty Washington Gas and Electric Company; District Court of the United States for exists as to the extent that such arrange­ and the Southern District of New York; ments are available, the method of han­ The Commission having thereupon in­ (b) Southern Utah Power Company, a dling such cars, and the charges therefor. stituted a proceeding against the North public utility company, is a direct sub­ It appears that in some instances the American Gas and Electric Company sidiary of Washington Gas and Electric charges assessed are not in accordance holding company system pursuant to Company, and indirectly a subsidiary of with the applicable tariffs, because the sections 11 (b) (1) and 11 (b) (2) of the North American Gas and Electric latter were designed for the handling of Act; and the above matters having been through the ownership of the common single cars, and it is not possible in all more particularly described in a Notice stock of Washington Gas and Electric cases to observe the provisions of such of and Order for Hearing' entered on Company; tariffs when two or more shipments are June 6, 1941 herein, which among other (c) Loeb & Eames, Inc., a wholly-owned loaded in the same car, particularly if things consolidated these matters for subsidiary of North American Gas and different shippers and different con­ purposes of hearing; and hearings on Electric Company, is a firm engaged in signees are involved. It has been sug­ such matters having been held on July furnishing consulting, engineering and gested that a national tariff should be 7, 1941 and subsequent dates, and said management service; filed covering the entire situation. hearings having been continued on Au­ (d) Colonial Ice Company is engaged In order to develop the situation and gust 21, 1941, subject to the call of the in the ice, fuel and cold storage business, determine what, if anything, the Com­ trial examiner; and and its total capitalization consists of mission should do in the premises, a con­ It appearing that on September 29, 15,000 shares of common stock outstand­ ference will be held between Division 2 1941 said Washington Gas and Electric ing of which North American Gas and and its staff and carriers and any inter- Company filed a Petition for Reorgani­ Electric Company owns 28.33%; .ested shippers, at the office of the Com­ zation under the provisions of Chapter (e) Long Bell Lumber Company is en­ mission, Washington, on Friday, July 17, I of the Bankruptcy Act in the District gaged in production and manufacture FEDERAL REGISTER, Friday, July 10, 1942 5287 of lumber and wood products and has It therefore appearing appropriate to It is further ordered, That Willis E. approximately 197,683 shares of com­ the Commission that the hearings herein Monty, or any other officer or officers of mon stock outstanding, of which North should be reconvened for the purpose of the Commission designated by it for that American Gas and Electric Company considering the above described amend­ purpose shall preside at the hearings in owns .5%. ment filed by North American Gas and such matter. The officer so designated Electric Company and the allegations as to preside at any such hearing is hereby 3. North American Gas and Electric set forth above and to consider what authorized to exercise all the powers Company is shortly about to lose its in­ other action may be appropriate to be granted to the Commission under sec­ vestment in Washington Gas and Elec­ ordered by the Commission under sec­ tion 18 (c) of said Act and to a trial tric Company by reason of pending pro­ tion 11 (b) of the Act in view of the examiner under the Commission’s Rules ceeding under Chapter I of the Federal changes which have occurred within the of Practice; and Bankruptcy Act against Washington Gas holding company system subsequent to It is further ordered, That the Secre­ and Electric Company. the hearings previously held; tary of the Commission shall serve notice 4. Its remaining assets are such that It is ordered, That the hearings be re­ of reconvening the hearing aforesaid by' the continued existence of North Ameri­ convened at the office of-the Securities mailing a copy of this order, by registered can Gas and Electric Company as a and Exchange Commission, 18th and Lo­ mail, to North American Gas and Electric holding company appears to be unwar­ cust Streets, Philadelphia, Pennsylvania, Company, Nathan A. Smyth and Leo ranted. at 10:00 A. M., E. W. T., on the 3d day Loeb, Trustees of the Estate of Wash­ 5. The above described plan of reor­ of August 1942, at which time said North ington Gas and Electric Company, and ganization filed pursuant to sections 7, American Gas and Electric Company all other respondents herein, not less than 10, and 11 (e) of the Public Utility Hold­ shall be given an opportunity to be heard 15 days prior to the date hereinbefore ing Company Act of 1935 appears to have as to the proposals set forth in Amend­ fixed as the date of reconvening the been rendered moot by the events hap­ ment No. 15; hearing; and that notice of reconvening pening subsequent' to the hearings pre­ It is further ordered, That at such of said hearing is hereby given to all se­ viously held herein, particularly with hearing, without limiting the issues to curity holders of North American Gas respect to Washington Gas and Electric and Electric Company by publication of Company. be considered herein, particular attention will be given to the following matters: this order in the F ederal R egister; and 6. The capital structure and the finan­ It is further ordered, That North Amer­ cial condition of North American Gas and 1. Whether the application for a plan ican Gas and Electric Company give Electric Company is such that it is un­ of reorganization pursuant to sections 7, notice hereof to each holder of record able to render financial assistance to its 10 and 11 (e) of the Act should be dis­ of income debentures and shares of com­ subsidiaries and cannot otherwise per­ missed on the ground that such plan is mon stock of North American Gas and form any of the functions for which it moot. Electric Company by mailing to each of was originally organized. 2. Whether, in the event that the Com­ said persons a copy of this notice at their 7. The protection of investors in the mission deems it appropriate to issue an last known place of address at least 10 North American Gas and Electric Com­ order pursuant to section 5 (d) of the Act, days prior to the date of this hearing; pany holding company system requires such order should be subject to terms and and conditions for protection of investors in It is further ordered, That any person that said company be ordered to liqui­ the securities of North American Gas and date and dissolve in order to comply with proposing to intervene in these proceed­ Electric Company, and what terms and ings who has not heretofore done so shall section 11 (b) of the Act, and that its conditions would be appropriate under file with the Secretary of the Commis­ assets or the proceeds from the sale or such circumstanoes. sion on or before the 29th day of July, other disposition thereof be distributed 3. Whether an order should be entered 1942, his application therefor as pro­ to the holders of’ securities of North pursuant to section 11 (b) of the Act re­ vided by Rule XVII of the Rules of Prac­ American Gas and Electric Company who quiring the immediate liquidation and tice; and may be found to be entitled to partici­ dissolution of said North American Gas It is further ordered, That jurisdiction pate in such distribution, pursuant to the and Electric Company. be and is hereby reserved to separate, applicable provisions of the Act. 4. Whether the book value of the as­ either for hearing, in whole or in part, sets of North American Gas and Elec­ or for disposition, in whole or in part, 8. The holders of the common stock of tric Company as shown by the balance North American Gas and Electric Com­ sheet of December 31, 1941 fairly reflect the proceedings herein under sections pany have no equity in the assets of such the liquidating values of such assets. 11

Investments—Stated on the basis of values approved by the Board of Directors 266, 496. 34 upon reorganization effective April 30, 1937 or, if acquired subsequently, at » Under the terms of the Plan of Reorganization these securities are issuable upon surrender dates of acquisition : of securities‘ outstanding prior to reorganization, represented principally by Gold Debentures Subsidiary Companies— of predecessor, 6% Series due January 1, 1944. Washington Gas and Electric Company— 100,000 shares Common Stock (100% of outstanding shares)______$112, 500.00 E x h i b i t B

Less—Reserve ______112, 500.00 N o r t h A m e r i c a n G a s a n d E l e c t r ic C o m p a n y

, Southern Utah Power Company— [Statement of Income and Earned Surplus (Deficit) For Twelve Months Ended December 31, $19,000.00—6% Debentures, due February 1, 1961__._ 11,000.00 1941. Company figures—subject to audit] REGISTER, FEDERAL Loeb & Eames, Inc.— 750 shares Common Stock (100% of outstanding Gross earnings: shares)_*___ .__ ,______14, 895.43 Interest on Southern Utah Power Co. Debentures------___------$1,140.00 6% Demand Note Receivable______*------7,000.00 Increment in redemption value of United States Savings Bonds*—_—______260.00 Open Account Receivable______15,200.00 Interest on Loeb & Eames, Inc., Notes------— ------420.00 Other Companies— Interest on Loeb & Eames, Inc., Open Account—___----- —- —______1,138.50 , Colonial Ice Company-— Dividends on Colonial Ice Co. Common Stock------—______19,125.00 4,250 shares Common Stock______159,375. 00 Dividends on Loeb & Eames, Inc., Common Stocks------1------6,300.00 Long Bell Lumber Company— / Certificate of Beneficial Interest covering 1,000 shares Total______------—_____—- —- 28,383.50 Common Stock______——— 27,875.00 General Expenses: $235,345.43 Office Supplies and Expenses------___------—_ $75.95 Current Assets: Stationery and Printing------— ------—-—------24.28 Cash in Bank__ ,______11,286.64 Telephone and Telegraph—------18.06 United States Savings Bonds (face amount $7,000.00) at Miscellaneous Expense------____— ______------______104.15 Current Redemption Value______5,400.00 Corporate Expense ------_____— — 570.00 Friday Special Deposits and Investment Held for Payment of De­ Directors’ Fees __• ----- — ------— -----—- - 640.00 benture Interest, per contra—United States Savings Bonds Audit Fees______—______—— ------375. 00 (face amount $6,000.00) at—

Current Redemption Value______$4, 680.00 Total______$1,807.44 ,

C ash______9, 309. 27 Taxes: 1942 10, July ------13, 989.27 State Franchise Taxes-______—______— __— $56.71 Accrued Interest Receivable from Subsidiary Company______475.00 31,150.91 Fédéral Capital Stock Tax__—______----- ______737.30

266,496.34 Total______794.01 LIABILITIES Total Expenses. 2, 601.45 6% Cumulative Income Debentures, Due January 1, 1949: Issued______$427,531.51 Gross Income______— —------—- —_____------— --- 25,782.05 Issuable *______—__ _ 25,208. 69 Income Deductions: ------$452, 740. 20 Interest on Income Debentures------______—- — ------—------— 27,591.73 Current Liabilities: Accounts Payable______34. 94 Net Income (loss)______—------—------,------(1,809. 68) Interest Payable on Debentures (see current assets seg­ Earned Surplus (Deficit)—December 31, 1940—-----— ------— _— ______(238,637.97) regated for payment thereof, per contra) — Add (Deduct): Interest due January 2, 1942 at 2%______$9,054.80 Loss on Sale of Investments------(156.24) Interest due on Issuable Debentures______4,934.47 13,989.27 Provision for reserve against investment in Common Stock of Washington Accrued Taxes— Gas and Electric Company------—------(112,500.00) General______:.______358.01 Discount on reacquired d eb en tu res-..-______—— ____— $22,707.02 Federal Income—Subject to review by U. S. Treasury De­ Prior years’ interest accrued on above debentures------._—__ 4,100.94 26,807.96 partment ______2,109.98 Miscellaneous______770.61 Reversal of prior years’ Federal income tax accruals. 4, 794. 54 ------17,262.81 Cumulative Interest in Arrears on debentures______52,065.12 Earned Surplus—December 31, 1941_____ — ______------—______(321,501.39) Exhibit D E xh ibit C L o e b & E a m e s , I n c . L o e b & B a s s e s , I n c . [Balance Sheet—December 31, 1941] [Statement of Income and Earned Surplus—For the Year Ended December SI, 19411

a s s e t s Income: - Current Assets: Supervision services (contract basis)------$75,208.90 Cash In bank and working funds------*------$41,815.28 Investigation and report services------33,226.82 United States Savings Bonds (face amount $10,000) at current Dividend income on— redemption value — ------—— 7,900.00 'international Utilities Corporation $3.50 Prior Preferred United States Treasury Notes—Tax Series A-1943 & B-1943 (at Stock______49 • 00 cost plus accrued interest thereon to December 31, 1941)------4, 813.44 Special services (supervision of stock transfers, dividend pay­ Note Receivable------■------— ------287. 61 ments, etc.)______«------2,559.21 Accounts Receivable. _ I------10,426. 29 Increment in redemption value of United States Savings Bonds Due from affiliated companies------196. 67 and accrued interest on United States Treasury Tax Notes------207.20 $65, 439.29 ------$1H, 261.13 Investments (at Cost) : Expenses and Taxes: , Affiliated company— Salaries—Executive and clerical------51, 931.86 REGISTER, FEDERAL Washington Gas and Electric Company, 55 shares 7% Cumu- General expenses------17,323.07 lative Preferred Stock.------$283.51 Other 69, 254. 93 International Utilities Corporation Less salaries and general expenses reimbursed------510.22 14 shares $3.50 Prior Preferred Stock, Series 1931— ------.1 8 shares $1.75 Preferred Stock, Series 1931------1 4 , 9 0 0 .00 68, 744.71 100 shares Class B Stock------j Provision for depreciation *------502.89 Subscription warrant for purchase of Class B Stock.— -----J Taxes— General Public Utilities, Inc., 941 shares Common Stock------6,322.74 General ------4, 296. 66 ------11,506.25 Federal income and excess profits------1------12,075.47 Furniture and Fixtures----- .— ------$8> 755- 12 ------85,619.73 Less: Reserve for depreciation______7,155.12 Gross income___ - ______— 25,631.40 Balance (stated at nominal value)------1,600.00 Interest on Note and Account Payable to Parent Company------1,558.50

Deferred Charges and Prepaid Accounts: Friday Deferred charges______:------— $412.18 Net income. ------24,072. 90 Prepaid Insurance------498•07 Balance of Earned Surplus, December 31, 1940— ------21,986. 55 _ OIO OR 46, 059.45 79, 455. 79 , Deduct: 10^ 1942 July LIABILITIES Dividends on common stock------:------$6,300.06 Organization expense written off------3,932.89 Current Liabilities (Exclusive of Amounts payable to North American ------10, 232. 89 Gas and Electric Company, as below) : Accounts payable------$674.01 Balance of Earned Surplus, December 31, 1940------— 35, 826. 56 Accrued taxes— •The Company, in its accounts and financial statements, follows the practice of making General------,------862.2* charges against income, for depreciation, equal to the cost of current replacements and addi­ s Federal income and excess profits------11, 891.48 tions to furniture and fixtures. The amount charged to income 5289 in 1941, as shown above, is Miscellaneous______.— ,— ------i—------\ ------501.53 $13,929.23 greater than the amount to be deducted for depreciation in the Federal income tax return, which latter amount is computed on the basis of historical book cost of furniture and fix­ Due to North American Gas and Electric Company, Parent Company: tures. 6% demand note payable------$7,000.00 Open Account payable..------1S> 200.00 22, 200.00 Capital Stock: > Common Stock—par value $10.00 per share—Authorized, issued and out­ standing, 750 shares------—- 7, 500.00

Earned Surplus 35, 826. 56 79, 455. 79

No. 135------5 5290 E x h i b i t E Capital Stock: Cumulative Preferred; No Par Value, Liquidating Value $100 Per Share; Authorized 20,000 Shares: C o l o n i a l I c e C o m p a n y $7 Series Outstanding 745 Shares------$74,500.00 [Balance Sheet—December 31, 1941] Series “B”—Outstanding 6,676 Shares (28 shares deducted in treasury)______667,600.00 ------* $742,100.00 Common, No Par Value—Authorized and outstanding Plant, Property and Equipment, Including Work in .Progress (See Note)______$2,003,276.45 15,000 shares ______300,000.00 Current Assets: . ------$1, 042,100.00 C a sh ______—______„ ______—-— $73, 452. 75 Surplus: United States Treasury Notes Tax Series A—1943 and B-1943, Capital Surplus arising from retirement of Preferred Stock— 149, 783.47 and Accrued Interest thereon------—_— 17,032. 96 Earned Surplus------454,768.31 ------604, 551.78 Notes Receivable (Pledged to Secure Notes Pay­ able) ______$12,406.31 Other Notes Receivable------5,075.00 Total Liabilities------...... — ------— ------—------2,863,423.85 Accounts Receivable__ 1______99,581.87 E x h i b i t P FEDERAL REGISTER, REGISTER, FEDERAL T o ta l______- ______117, 063.18 C o l o n i a l I c e C o m p a n y Less: Reserve for Doubtful Accounts_____ 12,111.60 ------104,951. 58 [Statement of Earnings and Earned Surplus—Year Ended December 31, 1941] Accrued Storage Charges Receivable______46,601.23 Revenues: Accrued Interest Receivable______;______161.46 Ice _ ...... - ____ $852,278.74 Inventories (Less Reserve of $1,926.67)_____*______t------.— 69,382.78 Fuel I ...... —- ...... 307,744.41 • 311,582.76 Cold Storage______-______— ------115. 948. 07 Other Assets: Rentals of Ice Plants------19.671.23 Investment in Associated Ice Delivery Companies------14,141.00 Non-Operating, Net______11,912.57 Rekl Property (Undivided one-half interest)______15,545.56 Other Investments------425.87 Total______1,307, 555.02 Special Deposits______230.00 ------j ------30,342.43 Operating Expenses: Deferred. Charges: Operations______869,124.18 Prepaid Accounts_- ______18,222.21 Maintenance-___ - ___------68,305. 97

Taxes (Other than Federal Income taxes)------51,306.37 Friday Total Assets______* 2,363, 423.85 Total______;------988, 736. 52 N o t e : Plant, Property and Equipment are stated at purchase prices at the dates when the various properties were acquired, such purchase prices having been in part determined

Gross Income------318, 818. 50 , by the value placed by the Directors on no par value stocks issued in connection therewith, uy 10 July plus subsequent additions at cost, less earnings (or amounts equivalent thereto) of the Income Deductions: property for the periods prior to dates of transfer of title per resolutions of the Board of In terest______L-______—------_------992.84 Directors, less proceeds from sales of Plant, and less retirements and miscellaneous credits. Provision for Retirements and Replacements------!------60,000.00 Federal income and excess profits taxes------57, 590.00 LIABILITIES , 1942 Current and Accrued Liabilities: Total______118,582.84 Notes Payable, Banks (U nsecured)______$9, 000. 00 Notes Payable, Banks (Secured by Notes Receivable)______1_ 12,406.31 Net Incom e___ - _- ___- ______200, 235.66 Contract Payable______4,948.48 Earned Surplus at December 31, 1940------367,801. 65 Accounts Payable_.______- ______41,979. 65 Dividend Payable on January 1, 1942______1,303. 75 T otal_____ .______568, 037. 31 Ice Coupons Outstanding______*______2,666.77 Accrued for Federal Income Taxes______i______37,974.32 Deductions From Earned Surplus: Other Accrued Taxes______------13,594. 99 Dividends on Preferred Stocks_—------45, 769.00 , Other Accrued Liabilities______- ______.____ — 1______10, 582.77 Dividends on Common Stock------i - — ------67, 500. 00

Total Current and Accrued Liabilities______s.______$134; 457.04 Total______- ______.’______.______113,269.00 Contract Payable—Due After One Year______)______2,400. 00 Unearned Cold Storage Revenue______20,499.85 Earned Surplus at December 31, 1941___ —------454, 768.31 Reserve for Retirements and Replacements. ______i______559,415.18 [F. R. Doc. 42-6482; Filed, July 8, 1942; 10:41 a. m.]