^ O M A U ^ ▼ ’ l I iTTtOât FEDERAL REGSTER -fc. 1934 c + r VOLUME 9 ^ i / A i l T E D ^ NUMBER 39

Washington, Thursday, February 24, 1944

The President things necessary for or incidental to the CONTENTS operation thereof. 2. In carrying out this order, the Sec­ THE PRESIDENT EXECUTIVE ORDER 9426 retary of War may act through or with Executive Order: Page the aid of such public or private instru­ Department of Water and Authorizing the Secretary of War to mentalities or persons as he may desig­ Power, City of Los Angeles, Take P ossession of and Operate the nate. All federal agencies, including but Calif., authorization of Sec­ P lants, F acilities, Installations and not limited to the War Manpower Com­ retary of War to take pos­ Other Properties in California and mission, the National Selective Service session and operate______2113 N evada of the D epartment of Water System, and the Department of Justice,, and P ower of the City of Los Angeles, are directed to cooperate with the Sec­ REGULATIONS AND NOTICES California retary of War to the fullest extent pos­ Agricultural Adjustment Agency: WHEREAS after investigation I find- sible in carrying out the purposes of this Conservation program, 1944? that as the result of labor disturbances order. amendment of issuance there is an interruption of the operation 3. The Secretary of War shall permit date______1______2138 of the power plants, water works and the managements of the said plants, fa­ F ederal P ower Commission: distribution system of the Department of cilities, installations and properties taken, Hope Natural Gas Co.,. et al., Water and Power of the City of Los An­ under the provisions of this order to con­ hearing______2139 geles, California, and that the war effort tinue with their managerial functions to Internal R evenue B ureau: is being and will be unduly impeded or the maximum degree possible consistent Income tax, extension of time delayed by this interruption. with the aims of this order. for filing declaration and NOW, THEREFORE, by virtue of the 4. The Secretary of War shall operate paying first installment, power and authority Vested in me by the the plants, facilities, installations and 1944____ 2114 Constitution and laws of the United properties under the terms and condi­ Interstate Commerce Commission: States, including the War Labor Disputes tions of employment which are in effect Refrigeration orders: Act of June 25,1943, (Public Law 89, 78th at the time possession thereof is taken, Citrus fruits, Arizona and Cong.) as President of the United States subject to the applicable provisions of California-______2140 and Commander in Chief of the Army any existing law. Citrus juice, concentrated___ 2140 and Navy of the United States, it is here­ 5. The Secretary of War is authorized Potatoes, Florida______2140 by ordered as follows: to take such action, if any, as he may Labor D epartment. See also Wage 1. The Secretary of War is hereby au­ deem necessary or desirable to provide and Hour Division. thorized to take possession of the water protection for the said plants, facilities, Four boro Contracting Corp., works, water production and water dis­ installations and properties, and for all findings as to war con­ tribution facilities, power generating sta­ persons employed or seeking employment tracts______2138 tions, distribution, transmission and therein, and their families and homes. Office Of D efense Transportation : communications systems, and other 6. Possession, control and operation of Common carriers, coordinated plants, facilities, installations and prop­ any plants, facilities, installations and operations between: erties in the States of California and Ne­ properties, or parts thereof, taken under Bay City and Saginaw, Mich- 2141 vada, of the said Department of Water this order, shall be terminated by the Utica and Lake Placid, N. Y_2140 and Power of the City of Los Angeles, Secretary of War within sixty days after Office of P rice Administration: California, in which strikes or labor dis­ he determines that the efficiency of the Beef, boneless processing (RMPR turbances have occurred or are threat­ plants, facilities, installations and prop­ 169, Am. 38)______2135 ened, together with any real or personal erties has been restored to the level pre­ Cheddar cheese (MPR 289, Am. property, tangible or intangible, fran­ vailing prior to the interruption referred 26)____ 2135 chises, rights and other assets used in Fruits, citrus, 1944 and later to in the recital of this order. packs (MPR 509, Corr.)___ 2133 connection with the operation thereof; Franklin D R oosevelt and to operate or arrange for the opera­ Logs and bolts (MPR 348, Corr. tion of such plants, facilities, installa­ The White House, to Am. 35)______2135 tions and properties in such manner as February 23, 1944. Machine tools, second-hand / (MPR 1, Am. 2) ______2135 he deems necessary for the successful IF. R. Doc. 44-2618; Filed, February 23, 1944; prosecution of the war, and to do all 2.$i p. m.] S' (Continued on next page) 2113 2114 FEDERAL REGISTER, Thursday, February 24, 1944 CONTENTS—Continued (Sec. 58 (e) of the Internal Revenue Code, added by sec. 5 of the Current Tax Office of P rice Administration— Payment Act of 1943 (Pub. Law 68,-78th Continued. Cong.), approved June 9, 1943) FEDERAL^REGISTER Regional and district office or-' [seal] Harold N. Graves, ders—Continued. Pa8e Acting Commissioner Solid fuels—Continued. of Internal Revenue. Chicago, 111------2152 16, 1944. Published daily, except Sundays, Mondays, New England region------.— 2151 Approved: February and days following legal holidays, by the Paducah, Ky__------—— 2142 J ohn L. Sullivan, Division of the Federal Register, The National Parkersburg, W. Va------2150 Acting Secretary of the Treasury. Archives, pursuant to the authority contained Putnam, Conn------— 2146 [F. R. Doc. 44-2608; Filed, February 23, 1944; in the Federal Register Act, approved July 26, Willmar, Minn------2145 - 11:18 a. m.] 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B), under regulations prescribed by the Youngstown, Ohio—------2151 Administrative Committee, approved by the Vegetables, Dallas region— 2152 President.. Distribution is made only by the Rubber footwear (MPR 132, incl. Superintendent of Documents, Government Am. 9)------2117 TITLE 29—LABOR Printing Office, Washington, D. C. Salmon (MPR 418, Am. 24)----- 2133 The regulatory material appearing herein is Solid fuels (RMPR 122; incl. Chapter V—Wage and Hour Division keyed to the Code of Federal Regulations, Am. 18)______2128 which is published, under 50 titles, pursuant P art 644—Minimum W age R ate in the Bituminous coal delivered Meat, P oultry, and Dairy P roducts to section 11 of the Federal Register Act, as , from mine or preparation amended June 19, 1937. Industry The F ederal R egister will be furnished by plant (MPR 120, Corr. to mail to subscribers, free of postage, for $150 Am. 84) ------——----- 2127 recommendation of industry committee per month or $15.00 per year, payable in ad­ R ailroad R etirement B oard: NO*. 61 vance. The charge for individual copies Erie Railroad Co., and Sea­ Whereas, on June 16, 1943, by Ad­ (minimum 150) varies in proportion to the board Terminal and Re­ size of the issue. Remit check or money ministrative Order No. 201, the Admin­ order, made payable to the Superintendent frigeration Co., 1 hearing istrator, acting pursuant to sections 5 of Documents, directly to the Government postponed-.------:——— 2141 and 8 of the Fair Labor Standards Act Printing Office, Washington, D. C. S elective Service System: of 1938, appointed Industry Committee There are no restrictions on the republica­ • Definitions; Governor and State No. 61 for the Meat, Poultry, and Dairy tion of material appearing in the Federal defined— — — -----— - 2117 Products Industry, and directed the R egister. , W age and H our D ivision: Committee to recommend minimum Learner employment certifi­ wage rates for the Meat, Poultry, and cates, issuance to various Dairy Products Industry in accordance NOTICE industries (2 documents). 2138, with section 8 of the Act; and 2139 Whereas the Committee included Thè Cumulative Supplement to Minimum wage rates, various seven disinterested persons representing the Code of Federal Regulations, industries: , the public, a like number of persons rep­ covering the period from June 2, Bakery, beverage, and mis­ resenting employers in the Meat, Poul­ cellaneous foods------2115 try, and Dairy Products Industry, and 1938, through June 1, 1943, may be Meat, poultry, and dairy prod­ obtained from the Superintendent a like number representing employees ucts ------2114 in the Industry, and each group was ap­ of Documents, Government Printing Metal ore, coal, petroleum, pointed with due regard to the geograph­ Office, at $3.90 per book. The follow­ and natural gas extrac­ ical regions in which the Meat, Poultry, ing are now available: tion ___ .— ^ . 2116 and Dairy Products Industry is carried W ar D epartment: on; and Book 1: Titles 1-3 (Presidential doc­ Transportation tax, passengers Whereas Industry Committee No. 61, uments) with tables and index. on Army transports— — 2138 on July 14, 1943, after investigation of Book 2: Titles 4-9, with index. W ar F ood Administration. See conditions in the Industry, filed with Agricultural Adjust­ the Administrator a report containing ment Agency. its recommendation for a minimum War P roduction Board: Power, water, gas, etc. (U-l-i)_ 2117 wage rate of 40 cènts an hour in thè CONTENTS—Continued Meat, Poultry, and Dairy Products In­ dustry; and Office of P rice Administration— Regulations Whereas after notice published in the Continued. Page F ederal R egister on August 7,1943, Don­ Machines, parts, machinery ald M. Murtha, the Presiding Officer des.- services (MPR 136, Am. ignated by the Administrator, held a 109)____ —— -----— 2138 TITLE 26—INTERNAL REVENUE public hearing on August 24,1943 at New Ores and ore concentrates (Rev. Chapter I—Bureau of Internal Revenue York, New York, at which all interested SR 1, Am. 48)-----—----- — 2138 persons were given an opportunity to be Regional and district office or­ Subchapter A—Income and Excess-Profits Taxes heard; and ders: [T.D. 5332] Whereas the complete record of the Adjustment; Steel Forming Part 29—Income T ax: Taxable Years proceedings before the Presiding Officer Corp ______•— 2152 Beginning After December 31,1941 was transmitted to the Administrator; Bowling, Milwaukee County, extension of time for filing declaration and Wis —_____ 2145 AND PAYING FIRST INSTALLMENT OF ESTI­ Whereas pursuant to notice published Fish and seafood, fresh, San in the F ederal R egister on August 28, Francisco region (2 docu­ MATED 1944 TAX 1943, all persons who appeared at the ments) ______2151,2152 In the case of a taxpayer otherwise hearing were given leave to file briefs Milk: required under section 58 of the Internal on or before September 14, 1943; and Burlington, Wash------2145 Revenue Code, as added by section 5 of Whereas the Administrator upon re­ California------;------2152 the Current Tax Payment Act of 1943, viewing all the evidence adduced in this Washington (2 documents) _ 2145 to make and file a declaration of esti­ proceeding and giving consideration to Poultry, kosher killed, New mated tax on or before March 15, 1944, the provisions of the Act with special York City metropolitan for the calendar year 1944, ah extension reference to sections 5 and 8, has con­ area------2142 of time up to and including April 15,1944, cluded that the Industry Committee’s Solid fuels: is hereby granted for making and filing recommendation for a minimum wage Alliance, Ohio— ------2143 such declaration and for paying (without rate for the Meat, Poultry, and Dairy Bellows Falls area, Vt.-N. H- 2148 interest) the first Installment of esti­ Products Industry as defined in Admin­ Boston area, Massi------— 2152 mated tax for such calendar year. istrative Order No. 201 is made in ac- FEDERAL REGISTER, Thursday, February 24, 1944 2115 cordance with law, is supported by the dustries (as defined In Administrative Orders Nos. 182 and 193 respectively). Whereas after notice duly published evidence adduced at the hearing and, in the F ederal R egister on October 5, taking into consideration the same fac­ § 644.5 Scope of the definition. The 1943, Donald M. Murtha, the Presiding tors as are required to be considered by definition of the Meat, Poultry, and Dairy Officer designated by the Administrator, the Industry Committee, will carry out Products Industry covers all occupations held a public hearing upon the Commit­ the purposes of section 8 of the Act; and in the industry which are necessary to tee’s recommendation at New York, New Whereas the Administrator has set the production of the articles or the ope­ York, on October 28, 1943, at which all forth his decision in an opinion entitled rations specified therein including cleri­ Interested persons, were given an oppor­ “Findings and Opinion of the Adminis­ cal, maintenance, shipping and selling tunity to be heard; and trator in the Matter of the Recommen­ occupations: Provided, however, The defi­ Whereas the complete record of the dation of Industry Committee No, 61 nition does not cover such clerical, main­ proceeding before the Presiding Officer for a Minimum Wage rate in the Meat, tenance, shipping and selling occupa­ has been transmitted to the Adminis­ Poultry, and Dairy Products Industry,” tions (a) when carried on in an establish­ trator; and dated this day, a copy of which may be ment or department exclusively engaged Whereas the Administrator, upon re-‘ had upon request addressed to the Wage in wholesaling or selling, the greater part viewing all the evidence adduced in this and Hour Division, United States Depart­ of the sales of which establishment or proceeding and giving consideration to ment of Labor, 165 West 46th Street, New department are sales of products which the provisions of the act, with special York 19, New York; are not included in this industry; and reference to sections 5 and 8, has con­ Now, therefore, It is ordered, That: (b) when carried on exclusively in con­ cluded that the Industry Committee’s Sec. . nection with the sale of articles not in­ recommendation for the Bakery, Bev­ 644.1 Approval of recommendation of In­ cluded in this industry: And provided erage, and Miscellaneous Food Indus­ dustry Committee No. 61. further, That where an employee covered tries, as defined by Administrative Order 644.2 Wage rate. by this definition is employed during the No. 213, is made in accordance with law, 644.3 Posting of notices. same workweek at two or more different is supported by the evidence adduced at 644:4 Definition of the Meat, Poultry, and minimum rates of pay, he shall be paid the hearing, anc^ taking into considera­ Dairy Products Industry. the highest of such rates for such work­ tion the same factors as are required to 644.5 Scope of the definition. be considered by the Committee, will 644.6 Effective date. week, unless records concerning his em­ ployment are kept by his employer in carry out the purposes of the Act; and Authority: §§ 644.1 to 644.6, inclusive, is­ accordance with applicable regulations Whereas the Administrator has set sued under sec. 8, 52 Stat. 1060, 1064; 29 of the Wage and Hour Division. forth his decision in an opinion entitled U.S.C., sec. 208. “Findings and Opinion of the Adminis­ § 644.6 Effective date. This wage or­ trator in the Matter of the Recommenda­ § 644.1 Approval of recommendation der shall become effective March 20,1944. of Industry Committee No. 61. The tion of Industry Committee No. 65 for Committee’s recommendation is hereby Signed at New York, New York, this a Minimum Wage Rate in the Bakery, approved. 11th day of February 1944. Beverage, and Miscellaneous Food In­ L. Metcalfe Walling, dustries,” dated this day, a copy of which § 644.2 Wage rate. Wages as a rate Administrator. may be had upon request addressed to of not less than 40 cents an hour shall Wage and Hour Division, United be paid under section 6 of the Fair Labor IF. R. Doc. 44-2598; Filed, February 23, 19*«;y States Department of Labor, 165 West •Standards Act of 1938 by every employer 9:19 a. m.] 46th Street, New York 19, New York. to each of his employees in the Meat, Now, therefore, it is ordered, That: Poultry, and Dairy Products Industry Sec. who is engaged in commerce or in the P art 648—Minimum W age R ate in the production of goods for commerce. B akery, B everage, and M iscellaneous 648.1 Approval of recommendation of In­ dustry Committee No. 65. § 644.3 Posting of notices. Every em­ F ood Industries 648.2 Wage rate. 648.3 Posting of notices. ployer employing any employees so_.en- RECOMMENDATION*'OF INDUSTRY COMMITTEE 648.4 Definition of the Bakery, Beverage, gaged in commerce or in the production NO . 6 5 and Miscellaneous Food Industries. of goods for commerce in the Meat, Poul­ Whereas on August 21, 1943, pursuant 648.5 Scope of the definition. try, and Dairy Products Industry shall 648j6 Effective date. post and keep posted in a conspicuous to section 5 (b) of the Fair Labor Stand­ ards Act of 1938, hereinafter referred to Authority: ?§ 648.1 to 648.6, inclusive, is­ place in each department of his estab­ as the Act, the Administrator of the sued under sec. 8, 52, Stat. 1064; 29 U.S.C., lishment where such employees are work­ sec. 208. ing such notices of this order as shall Wage and Hour Division of the United foe. prescribed from time to time by the States Department of Labor, by Admin­ § 648.1 Approval of Recommendation Wage and Hour Division of the United istrative Order No. 213, appointed In­ of Industry Committee No. 65. The dustry Committee No. 65 for the Bakery, Committee’s recommendation is hereby States Department of Labor. Beverage, and Miscellaneous Food In­ approved. i 644.4 Definition of the Meat, Poul­ dustries, herein called the Committee, § 648.2 Wage rate. Wages at a rate try, and Dairy Products Industry. The and directed the Committee to recom­ of not less than 40 cents per hour shall Meat, Poultry, and Dairy Products In­ mend minimum wage rate? for the Bak­ be paid under section 6 of the Act by dustry, to which this order shall apply, is ery, Beverage, and Miscellaneous Food every employer to each of his employees hereby defined as follows: Industries in accordance with section 8 who is engaged in commerce or in the The assembling, processing, and marketing of the Act; and production of goods for commerce in the of meat animals and meat animal products, Whereas the Committee included five Bakery, Beverage, and Miscellaneous poultry and poultry products, and dairy prod­ disinterested persons representing the Food Industries. ucts. public, a like number of persons repre­ a. It includes, but without limitation, any senting employers in the Bakery, Bev­ § 648.3 Posting of notices. Every em­ product or by-product obtained from live­ erage, ‘and Miscellaneous Food Indus­ ployer employing any employees so en­ stock, poultry, wild fowl and game (includ­ tries, and a like number of persons rep­ gaged in commerce or in the production ing meats, milk, and eggs) and any other resenting employees In the Industry; and of goods for commerce in the Bakery, product which is derived from any other Beverage, and Miscellaneous Food In­ .form of animal life (such as fish, reptiles, and each group was appointed with due re­ frogs), and which is assembled, processed or gard to the geographical regions in dustries shall post and keep posted in marketed for animal or human consumption. which the Bakery, Beverage, and Mis­ a conspicuous place in each department b. Provided, however, That the definition cellaneous Food Industries are carried of his establishment where such em­ .■shall not include: on; and ployees are working such notices of this (1) Storing performed by an independent Whereas on September 16, 1943, the warehouse.. . . order as shall be prescribed from time (2) Any product included in the Leather Committee, after investigating economic to time by the Wage and Hour Division Industry; Drug, Medicine, and Toilet Prepa­ and competitive conditions in the Indus­ of the United States Department of La­ rations Industry (as defined in the wage try, filed with the Administrator a report bor; and orders for these industries); or in the Canned containing its recommendation for a 40- Fruits and Vegetables and Related Products cent minimum hourly wage rate in the § 648.4 Definition of the Bakery, Bev- Industry; ahd the Chemical, Petroleum and Bakery, Beverage, and Miscellaneous 'erage, and Miscellaneous Food Indus- Coal Products; and Allied Manufacturing In- > 'rood Industries^ and ? mm Wes. ^ For the purpose of this order the 2116 FEDERAL REGISTER, Thursday, February 24, 1944 term “Bakery, Beverage, and Miscella­ mend minimum wage rates for the Metal Committee’s recommendation is hereby neous Food Industries” means: Ore, Coal, Petroleum, and Natural Gas approved. The manufacture or packaging of bakery Extraction Industries in accordance with § 649.2 Wage rate. Wages at a rate products, beverages, ice, and miscellaneous section 8 of the Act; and of not less than 40 cents per hour shall food products and preparations. Whereas the Committee included six be paid under Section 6 of the Act by a. It includes, but without limitation, disinterested persons representing the every employer to each of his employees bread, pastries, crackers, and pretzels; mac­ public, a like number of persons repre­ who is engaged in commerce or in the aroni and other alimentary pastes; alcoholic senting employers in the Metal Ore, Coal, production of goods for commerce in the and nonalcoholic beverages;. natural, min­ Petroleum, and Natural Gas Extraction eral, and carbonated waters; malt; baking Metal Ore, Coal, Petroleum, and Natu­ Industries, and a like number of persons ral Gas Extraction Industries. powder, yeast, and other leavening com­ representing employees in the Industry, pounds; corn syrup and corn sugar; starch; § 649.3 Posting of notices. Every em­ ice (including the harvesting of natural ice); and each group was appointed with due ployer employing any employees so en­ coffee and tea; spices; ready-to-mix desserts regard to the geographical regions in with corn starch, tapioca, or gelatin bases; which the Metal Ore, Coal, Petroleum, gaged in commerce or in the production and potato chips. and Natural Gas Extraction Industries of goods for commerce in the Metal Ore, b. Provided, however, That the definition are carried on; and Coal, Petroleum, and Natural Gas Ex­ shall not include any product the manufac­ Whereas on September 29, 1943, the traction Industries shall post and keep ture of which is covered by the definition of posted in a conspicuous place in each an industry for which the Administrator has Committee, after investigating economic department of his establishment where already issued a wage order or appointed an and competitive conditions in the Indus­ such employees are working such notices industry committee. try, filed with the Administrator a report containing its recommendation for a 40- of this order as shall be prescribed from 648.5 Scope of the definition. The cent minimum hourly wage rate in the time to time by the Wage and Hour Di­ definition of the Bakery, Beverage, *and Metal Ore, Coal, Petroleum, and Natural vision of' the United States Department Miscellaneous Food Industries covers all Gas Extraction Industries; and of Labor. occupations in the industry which are § 649.4 Definition of the Metal Ore, necessary to the production of the articles Whereas after notice duly published in the F ederal R egister on October 23, Coal, Petroleum, and Natural Gas Ex­ covered by the definition, including cler­ 1943, Mr. Donald M. Murtha, the Pre­ traction Industries. For the purposes ical, maintenance, shipping and selling siding Officer designated by the Admin­ of this order the term “Metal Ore, Coal, occupations: Provided, however, That the istrator, held a public hearing upon the Petroleum, and Natural Gas Extraction definition does not cover (a) such cleri­ Committee’s recommendation at New Industries” means: cal, maintenance, shipping and selling York, New York, on November 18, 1943, The production, including mining or other occupations when carried on in a whole­ at which all interested persons were extraction, of metal ores, coal, lignite, peat, saling or selling department, physically given an opportunity to be heard; and crude petroleum, and natural gases. segregated from other departments of an Whereas the complete record of the a. It. includes, but without limitation, the establishment, the greater part of the dressing, beneficiating, and concentrating of proceeding before the Presiding Officer metal ores and the breaking, washing, screen­ sales of which wholesaling or selling de­ has been transmitted to the Adminis­ partment are sales of articles which are ing, pulverizing or drying of coal, lignite or trator; and peat. ' *0* resold in the form in which purchased; Whereas the Administrator, upon re­ b. Provided, however, That the definition and (b) employees engaged exclusively viewing all the evidence adduced in this shall not include any product or operation in clerical, maintenance, selling or ship­ proceeding and giving consideration to included in the Metal, Plastics, Machinery, ping operations on articles purchased for Instrument, and Allied Industries (as de­ resale in the form in which purchased: the provisions of the Act, with special fined in the wage order for that industry); And provided further, That where an reference to sections 5 and 8, has con­ or in the Stone, Clay, Glass, and Allied In­ cluded that the Industry Committee’s dustries or the Chemical, Petroleum: and Coal employee covered by this definition is recommendation for the Metal Ore, Coal, Prodúcts, and Allied Manufacturing Indus­ employed during the same workweek at Petroleum, and Natural Gas Extraction tries (as defined in Administrative Orders two or more different minimum rates of .Nos. 192 and 193 respectively). pay, he shall be paid the highest of such Industries, as defined by Administrative rates for such workweek unless records Order No. 214, is made in accordance § 649.5 Scope of the definition. The with law, is supported by the evidence definition of the Metal Ore, Coal, Petro­ concerning his employment are kept by adduced at the hearing, and, taking into leum, and Natural Gas Extraction In­ his employer in accordance with appli­ consideration the same factors as are dustry covers all occupations in the In­ cable regulations of the Wage and Hour required to be considered by the Commit­ dustry which are necessary to the pro­ Division. tee, will carry out the purposes of the duction of the articles covered by the § 648.6 Effective date. This wage Act; and definition, including clerical, mainte­ order shall become effective March 20, Whereas the Administrator has set nance, shipping, and selling occupations: 1944. forth his decision in an opinion entitled Provided, however, That this definition Signed at New York, New York, this “Findings and Opinion of the Adminis­ does not cover clerical, maintenance, 11th day of February 1944. * trator in the Matter of the Recommenda­ shipping, and selling occupations when tion of Industry Committee No. 66 for carried on in a wholesaling or selling de­ L. Metcalfe Walling, a Minimum Wage Rate in the Metal Ore, partment, physically segregated from the Administrator. Coal, Petroleum, and Natural Gas Ex­ other departments of an establishment [P. R. Doc. 44-2599; Field, February 23, 1944; traction industries,” dated this day, a the greater , part of the sales of which 9:19 a. m.] copy of which may be had upon request wholesaling or selling department are addressed to the Wage and Hour Divi­ sales of articles which have been pur­ sion, United States Department of La­ chased for resale: And provided, further, bor, 165 West 46th Street, New York, New That where an employee covered by this P art 649—Minimum W age R ate in the York. definition is employed during the same Metal Ore, Coal, P etroleum, and Nat­ Now, therefore, it is ordered, That: workweek at two or more different mini­ ural Gas Extraction Industries mum rates of pay, he shall be paid the Sec. highest of such rates for such workweek recommendation of industry commit­ 649.1 Approval of recommendation of In­ dustry Committee No. 66. unless records concerning his employ­ tee NO. 66 649.2 Wage rate. ment are kept by his employer in ac­ Whereas on August 31, 1943, pursuant 649.3 Posting of notices. cordance with applicable regulations'of 649.4 Definition of the Metal Ore, Coal, the Wage and Hour Division. to section 5 (b) of the Fair Labor Stand­ Petroleum, and Natural Gas Extrac­ ards Act of 1938, herein referred to as tion Industries. § 649.6 Effective date. This wage or­ the Act, the Administrator of the Wage 649.5 Scope of the definition. der shall become effective March 20,1944. and Hour Division of the United States 649.6 Effective date. Department of Labor, by Administrative Signed at New York, New York, this Order No. 214, appointed Industry Com­ Authority: §§ 649.1 to 649.6, inclusive, is­ 11th day of February 1944. mittee No. 66 for the Metal Ore, Coal, sued under sec. 8, 52 Stat. 1064; 29 U.S.C., L. Metcalfe Walling, Petroleum, and Natural Gas Extraction Supp. IV, sec. 208. Administrator. Industries, herein called the Committee, § 649.1 Approval of recommendation [F. R. Doc. 44-2600; Filed, February 23, 1944; and directed the Committee to recom­ of Industry Committee No. 66. The 9:19 a. m.] FEDERAL REGISTER, Thursday, February 24, 1944 2117 TITLE 32—NATIONAL DEFENSE (f) The prospective consumer’^ appli­ Insofar as this regulation uses speci­ Chapter VI—Selective Service System cation for service is accompanied by a fications and standards which were not, certification Jrom his County Agricul­ prior to such use, in general use in the [Arndt. 214] tural Conservation Committee iii~ sub­ trade or industry affected, or insofar as P art 601—Definitions stantially the following for in: their use was not lawfully required by "governor” and “state” (To the Utility Addressed): another Government agency, the Admin­ M r.______is eligible under istrator has determined, with respect to Pursuant to authority contained in Supplementary Utilities Order U -l-i for an such standardization, that no practicable the Selective Training and Service Act electric connection to provide service for an alternative exists for securing effective of 1940, as amended, Selective Service electrically driven irrigation water'pump not price control with respect to the com­ Regulations, Second Edition, are hereby smaller than 25 g. p. m. In the opinion of modities subjeet to this regulation. amended in the following respect: this County Agricultural Conservation Com­ 1. Amend § 601.6 to read as follows: mittee, this connection will result in the [Preamble amended by Am. 3, 8 F.R. 12302, irrigation of not less than five acres of land effective 10-2-43 and Am. 6, 8 FR. 16685, § 601.6 Governor. The word "Gover­ and a substantial increase in farm produc­ effective 12-15-43. Title as amended by Am. nor” includes, where applicable, the Gov­ tion, and is in accord with the spirit, as well 6] ernor of each of the States of the United as the letter, of Supplementary Utilities Sec. - * j States, the Governor of the Territory of Order U -l-i. , Alaska, the .Governor of the Territory of 1315.61 Maximum prices for certain, sales (For Counter Agricultural of rubber footwear. Hawaii, the Governor of Puerto Rico, the Conservation Committee) 1315.61a Ternis and conditions of sale. Commissioners of the District of Colum­ 1315.61b Sales for export. bia, and the Governor of the Virgin Issued this 23d day of February 1944. 1315.61c Federal and state taxes. Islands of the United States. War P roduction B oard, 1315.61d Transfers of business or stock in trade. 2. Amend § 601.14 to read as follows: By J. J oseph W helan, Recording Secretary. 1315.62 Less than maximum prices. §601.14 State. The word “State” in­ 1315.63 Adjustable pricing. cludes, where applicable, the several [F. R. Doc. 44-2606; Filed,' February 23, 1944; 1315.64 Evasion. 11:06 a. m ] 1315.65 Records. States of the United States, the Territory 1315.65a Reports. of Alaska, the Territory of Hawaii, Puerto 1315.66 Enforcement. Rico, the District of Columbia', and the 1315-66à Licensing. Virgin Islands of the United States. Chapter XI—Office of Price 1315.67 Petitions for amendment. Administration 1315.68 Definitions. The foregoing amendments to the 1315.69 Effective date. , Selective Service Regulations shall be Part 1315—R ubber and P roducts and Ma­ 1315.70 Appendix A: Maximum prices for effective immediately upon the filing terials of Which R ubber Is a Com­ waterproof rubber footwear pro­ hereof with, the Division of the Federal ponent duced after February 10, 1942. Register. 1315.71 Appendix B: Maximum prices for Lewis B. Hershey, [MPR 132,1 Inch Arndt.. 9] waterproof rubber footwear pro­ , , , Director. duced on or before February 11, CERTAIN RUBBER FOOTWEAR 1942. F ebruary 19, 1944. ^•Section 1315.73, Table II amended by 1315.72 Appendix C: Minimum specifica­ [F. R. Docv 44-2588; Filed, February 22, 1944; 'Amendment 9 effective February 28,1944, tions for certain types of water­ 4:05 p. m.] proof rubber footwear. so that Maximum Price Regulation No, 1315.73 Appendix D: Maximum prices for 132 shall read as follows: canvas footwear. Chapter IX—War Production Board In the judgment of the Price Admin­ Au th o rity : §§ 1315.61 to Î315.73, inclusive, Subchapter C—Director, Office of. War Utilities istrator, the prices of rubber foot­ issued under 56 Stat. 23, 765; Pub. Law 151, Authority: Regulations in this subchapter wear have risen and are threatening 78th Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, issued under sec. 2 (a), 54 Stat. 676, as f urther to rise to an extent and in ^ man­ 8 FR. 4681. amended by 55 Stat. 236 and 56 Stat. 176; E.O. 9024, 7 F.R. 329; E.O. 9125, 7 F.R. 2719; ner inconsistent with the purposes of the § 1315.61 Maximum prices for certain W.PR. Reg. 1 as amended March 24, 1943, Emergency Price Control Act of 1942. sales of rubber footwear. On and after 8 FR. 3666, 3696; Pri. Reg. 1 as amended May The Price Administrator has ascertained May 11, 1942, regardless of any contract, 15, 1943, 8 FR. 6727. and given due consideration to the prices of rubber footwear prevailing between agreement, lease or other obligation, no Part 4500—P ower, Water, Gas, and Cen­ manufacturer shall sell or deliver rubber October 1 and October 15, 1941, and footwear subject to this regulation and tral Steam Heat has made adjustment for such rele­ [Supplementary Utilities Order U-l-i] no person shall buy or receive rubber vant factors as he has determined and footwear subject to this regulation from §4500.10 Supplementary U tilities deemed to be of general applicability. a manufacturer in the course of trade or Order U-l-i. In accordance with the So far as practicable, the Price Adminis­ business, at prices higher than the max­ provisions of paragraph (i) of Utilities trator has advised and consulted with imum prices set forth in this regula­ Order U-l, extensions of electric facili­ representative members of the industry tion; and no person shall agree, offer, ties may be made or connected by pro­ which will be affected by this regulation. solicit or attempt to do any of the fore­ ducers to permit the operation of irriga-1 In the judgment of the Price Admin­ going. The provisions of this section tion water pumps when all of the follow^/ istrator the maximum prices established shall not be applicable to sales or deliv­ ing conditions are satisfied: by this regulation are and will be gen­ eries of rubber footwear subject to this (a) The prospective consumer pos­ erally fair and equitable and will effec­ regulation to a purchaser if prior to sesses an electrically driven irrigation tuate the purposes of said Act. A state­ May 11, 1942, such rubber footwear water pump not smaller than 25 g. p. m., ment of the considerations involved in subject to this regulation had been re­ or can obtain such a pump without pri­ the issuance of this regulation has been ceived by a carrier, other than a carrier orities assistance, or a preference rating issued simultaneously herewith and filed owned or controlled by the seller for ship­ of AA-5 or better has been assigned to with the Division of the Fédéral Register.* ment tu such purchaser. The provi­ delivery of such a pump to him. Therefore, under the authority vested sions of this section shall not be appli­ (b) There is no other means of oper­ in the Price Administrator by the Emer­ cable to sales or deliveries Of rubber ating such a pump on the premises. gency Price Control Act of 1942, and in footwear subject to this regulation pur­ (c) The total cost of ■'material for the accordance with Procedural Regulation suant to contracts with any war pro­ extension, exclusive of any part built by No. i,8 issued by the Office of Price Ad­ curement agency of the United States or for the consumer, does not exceed ministration, Maximum Price Regulation government, or with any person who $1500. No job or project may be sub­ No. 132 Is hereby issued. divided to come within these limits. contracts to sell the purchased rubber (d) No other producer can render the *7 FR. 3161. footwear subject to this regulation to * Statements of considerations are also is­ any war procurement agency of the same service with lesser amounts of criti­ sued simultaneously with the issuance of cal material. amendments. Copies may be obtained from United States government, (e) The extension is necessary to pro­ the Office of Price Administration. [§ 1315.61 amended by Amendment 1, 7 F.R. vide irrigation for not less than 5 acres »Revised; 7 FR. 8861; 8 F.R. 3313, 8533, 4294, effective 6-4- 42 and Am. 6, 8 F.R. of land. @173, 11806; 9 F.R. 1594. 16685, effective 12-15-43] 2118 "FEDERAL REGISTER, Thursday, February 24, 1944

[Note: Supplementary Order No. 31 (7 F.R. delivery or processing of rubber foot­ this regulation, alone or in conjunction 9894; 8 F.R. 1312, 3702) provides that: “Not­ wear subject to this regulation imposed with any other commodity or by way of withstanding the provisions of any price regu­ by any statute of the United States commission, service, transportation, or lation, the tax on transportation of all prop­ or statute ^ or ordinance resins, or oils which in physical prop­ (ii) Waterproof rubber footwear of Men’s 5-buckle rubber midweight erties sufficiently resembles natural or types listed in Appendix C that was pro­ bal,' fleece lined—______3. 50 synthetic rubber to replace either of duced between February 10, 1942, and Men’s 4-buckle rubber midweight them for particular uses, including uses bal, net lined______3.00 October 2, 1943, and can meet specifica­ Men’s 4-buckle rubber midweight where only some and not all of the phys­ tions filed with the Office of Price Ad­ ical characteristics of natural or syn­ bal, fleece lined______*______3.10 thetic rubber are’ needed, and which ministration. This paragraph is* .also Men’s 4-buckle cloth farmweight applicable to waterproof rubber footwear blucher______;______3. 00 serves the same uses as natural or syn­ Men’s 4-buckle height lightweight thetic rubber in the particular applica­ of the types listed in paragraph (a) of bal, rubber: tion in which it is applied. Appendix C that was produced between a. Buckle______- __ 2.50 (5) “Synthetic rubber” means a ma­ February 10, 1942, and October 2, 1943. b. Strap ______2. 45 terial obtained by chemical synthesis, However, this paragraph is applicable to c. Slide...... 2. 65 2120 FEDERAL REGISTER, Thursday, February 24, 1944

TABLE I— CERTAIN WATERPROOF RUBBER FOOTWEAR paragraph. This paragraph is applica­ in a similar amount to a purchaser of _ PRODUCED AFTER .FEBRUARY 10, 1942----COI1. ble to waterproof rubber footwear pro­ the same class on December 3, 1941. Type Price; duced after February 10, 1942, which is (c) The last net price at which the Arcticc—Continued. per pair not covered by paragraph (a). This seller sold, contracted to sell, delivered, Boys* 3-buckle lightweight bal, rub­ shall Include all types of footwear hot or transferred waterproof rubber foot­ ber______-—i —------— $2.25 listed in Table I and all footwear listed wear of the same kind and quality and Youths’ 3-buckle lightweight bal, in Table I which is not covered by para­ in a similar amount to a purchaser of rubber______------2.10 the same class prior to December 3, Women’s 4-buckle lightweight bal, graph (a).- . rubber______*------2. 20 *(2) Maximum prices. The maximum 1941. Women’s over-the-shoe boot IOV2"- 2.00 price of waterproof rubber footwear (d) The maximum price at which a Misses’ over-the-shoe boot 9” — -— 1.90 covered by this paragraph shall be a manufacturer may sell- or deliver any Child’s over-the-shoe boot 8".---- -—r 1, 80 price, in line with the level of maximum waterproof rubber footwear, produced on Men’s 4-buckle lightweight bal, prices established by this regulation, de­ or before February 11, 1942, for export cloth------. .------;— -- 2. 75 termined by the seller after specific au­ shall be determined in accordance with Boys’ 3-buckle cloth: thorization from the Rubber Price the provisions of the Maximum Export a. Cashmerette______2.20 Price Regulation issued by the Office of b. jersey______.______- 2.00 Branch, Office of Price Administration. Youths’ 3-buckle cloth: A seller who seeks such an authorization Price Administration on April 25, 1942. a. Cashmerette______2.00 shall file the report required by para­ § 1315.72 Appendix C: Minimuyt b. Jersey______j*------1» 85 graph (b) of § 1315.65a with the Rubber specifications for certain types of water­ Gaiters: Price Branch, Office of Price Administra­ proof rubber footwear—(a) What water­ Women’s 2-snap height rubber: tion, in Washington, D. C., before first a. Snap _;______— ------1- 25 proof rubber footwear is covered by b. Slide______— 1.50 offering to sell the waterproof rubber .these specifications. These specifica­ Misses’ 2-snap rubber___ — ------1.25 footwear or on October 15, 1943, which­ tions apply only to waterproof rubber Child’s 2-snap rubber------1. 25 ever is the later date. Within thirty footwear produced after October 1, 1943, Rubbers: days after mailing the required report of the following types: Men’s work rubber, storms, and/or to the Rubber Price Branch, Office, of semi-storms ______—-----— 1.40 (1) Short boot, men’s 14", Price Administration, the Rubber Price (2) Farmweîght cloth arctic, men’s 4- Boys’ work rubbers, storms and/or Branch, Office of Price Administration, semi-storms ___ 1.— ;------_____ 1.35 buckle. Men’s 2-buckle work rubbers--—_— 1.85 will either approve the maximum price (3) Lightweight cloth arctic, men’s 4- Men’s, storms and/or S. A, overs and proposed in the report or designate in buckle and boys’ and youths’ 3-buckle. clogs, (full lined)______1.15 writing a different maximum price in (4) Work rubber, men’s semi-storm and Boys’ storms and overs (full lined). 1.10 line with the level of prices established storm. Youths’ stoims and overs (full by this regulation. If thirty days have (5) Dress rubber, men’s and boys’ storm lined) ______—------— 1.00 and over (soft back only); women’s over; elapsed after the mailing of the required and youth’s, growing girls’, misses’ and Women’s overs (full lined)___.1.— - .95 report, without the Rubber Price Branch; Growing girls’ storms (full lined)— .95 children’s storm. Misses’ storms (full lined)— ------.88 Office of Price Administration, either ap­ (6) Rubber gaiter, women’s, misses’ and Child’s storms (full lined)______.83 proving the proposed maximum price or children’s. \ Women’s footholds, calendered sole_ . 63 designating in writing a different maxi­ (7) Midweight rubber arctic,, men’s 4- Rubbers, special construction: mum price, the price proposed by the buckle. Men’s sandal, molded——------.__— . 63 manufacturer shall be the maximum (8) Lightweight rubber arctic, men’s 4- Men’s clog, molded___ —______—— -55 price. The manufacturer may not ac­ buckle and boys’ and youths’ 3-buckle. Women’s footholds, molded —_ .20 cept payment for the waterproof rubber (b) Applicable testing methods. Test­ Women’s footholds, latex, black, in­ footwear until the proposed maximum cluding pouch..___.___ .79 ing shall be done by the methods pro­ Women’s footholds, latex, spotted, price is approved by the Rubber Price vided by Federal Specifications ZZ-R- including pouch__ ._ — . 92 Branch, .Office of Price Administration, 601a, General Specifications for Rubber Severe occupational: or thirty days have elapsed after the Goods (Methods of Physical Tests and Men’s black short boot______— 3. 40 mailing of the rëquired report by the Chemical Analysis). . Men’s black short boot, steel toe— 3. 90 manufacturer to the Rubber Price (c) Permitted deviations from these Men’s black stormking boot— ------4. 70 Branch, Office of Price Administration. specifications. (1) Substitution of other Men’s black stormking boot, steel If the Rubber Price Branch, Office of toe______:______5. 20 materials for materials required by these Men’s black short fire fighter boot: Price Administration, designated a max­ specifications. Substitution of other ma­ “ a. Duck —______4. 65 imum price in writing, payment may terials for the materials required by these b. F elt______——_ 5. 25 not be received at a price in excess of specifications is permissible only where Men’s black stormking fire fighter the price so designated. there is a shortage of a required material boot: [Paragraph (2) amended by Am. 6, 8 F.R. due to war restrictions on production or a. Duck------6. 25 16685, effective 12-15-43] distribution. In the case of such a sub­ b. F elt______6.85 , Men’s-black hip add thigh boot—__ 5.30 [§ 1315.70 amended by Am. 3, 8 FJR. 12302, stitution the material substituted must Men’s black hip and thigh boot, steel effective 10-2-43 and as otherwise noted] have fairly equivalent serviceability to toe______5. 80 the required material and must serve the Men’s black body boot------12.00 § 1315.71 Appendix B: M a x i m u m same use in the particular application in Men’s black 15" lace mine pac------4. 35 prices for waterproof rubber footwear which it is applied. Prior to making any Men’s black 15" lace mine pac, steel produced on or before February 11,1942. such substitution the manufacturer shall toe______4.85 The maximum price for any water­ notify the Office of Price Administration Men’s black work shoe------3.25 proof rubber footwear, produced on or in Washington, D. C., of the cause of the Men’s black work shoe, steel toe___ 3.75 before February 11, 1942, shall be the shortage of the required material for Men’s black 2-buckle perfections__2.80 first applicable price, among the prices which a substitution is being made. The Men’s black 10" mine pac______3.55 set forth in the following paragraphs (a) report shall include a full description of Men’s black 10", mine pac, safety toe_ 3.85 to (c), inclusive. Men’s black 10" mine pac, steel toe_4.05 the substitute material. This descrip­ Neoprene Coated, Par-Grip Sole: (a) The price stated in the printed or tion shall include the same type of data Men’s short boot, steel toe______. 4.65 typewritten schedule or price list of the as these specifications include for the Men’s stormking, steel toe______6.20 manufacturer in effect on December 3, original material, e. g., weight,-thickness, Men’s hip boot, steel toe__------6. 90 1941, less all trade, cash, quantity, ad­ bursting point and the like. If, upon ex­ Men’s rubber work shoe, steel toe—- 4.15 vance buying, and other discounts, amination of the report submitted by the freight allowances and rebates, postage [Table I amended by Am. 4, 8 F.R. 14153, manufacturer, the Office of Price Admin­ effective 10-22-43, and Am. 7, 9 FJR. 792, allowances and rebates, and any other istration determines either that the sub­ effective 1-26-44. Effective date of Am. 7 deductions from the list price in effect stitute material does not give fairly amended by Am. 8, 9 F.R. 793] for a purchaser of the same class on equivalent serviceability or that the December 3, 1941. shortage of the required material is not (b) Maximum prices for waterproof (b) The highest net price at which the due to war restrictions on production or rubber footwear produced after February seller sold, contracted to sell, delivered, distribution, the Office of Price Adminis­ 10, 1942, which is not covered by para­ or transferred waterproof rubber foot­ tration will notify the manufacturer that graph (a)—(1) Applicability of this wear of the same kind and quality and footwear produced with the substitute FEDERAL REGISTER, Thursday, Februarÿ 24, 1944 2121 material after the date of notification The above minimum percent of total either a gum inner-vamp or a toe-cap is will not meet these specifications. rubber hydrocarbons by volume includes used. If a gum inner-vamp is used, it [Text of former (c) redesignated (!) and the rubber hydrocarbons contained in shall be made of the inner-parts com­ new headnote added to (c) by Am. 5, 8 F.R. reclaim rubber. If any change in the pound and shall be at least 0.015 inch 16059, effective 12-1-43] method of measurement of rubber hy­ thick. If a toe-cap is used, it shall be drocarbons in reclaim rubber is adopted, made of a cotton fabric which weighs at (2) Tolerance for items made of the equivalent figures may be used. least 5.3 ounces a square yard. This cot­ buna-S (GR-S). A minus tolerance of (3) Accelerated aging test. After be­ ton fabric shall be frictioned on both 15 percent or 0.005, whichever is greater, ing subjected to a temperature of 158° • sides with the friction compound and is permitted on any compound gauges P, plus or minus 2°, in air for seven days, calender coated with the lining com­ containing buna-S (GR-S), providing the tensile strength shall not be less than pound to a thickness of at least 0.006 that such gauges shall not be reduced to 75 percent of its original value. inch at the face of the calender. less than 0.015 inch and that after such (4) Resistance ta abrasion. When reduction the item of footwear will give (5) Counter form. • The counter form tested, as described in paragraph 8 under shall be made of a cotton fabric which fairly equivalent serviceability. The caption II, Physical Tests, Federal Speci­ minimum weight of the item of footwear weighs at least 5.3 ounces a square yard fication ZZ-R-601a, the abrasive index and is frictioned on both sides with the may be reduced by an amount equal to of the sole compound shall be not less friction compound. the reduction in the weight of the buna-S than 25 and the .abrasive index of the compound used as compared with the (6) ' Friction back stay or friction back molded-heel compound shall be hot less -Strip. (When used). The friction back compound used before the change-over to than 21. „ buna-S. " stay or friction back strip shall be made (5) Lasts. All footwear-shall be made of a cotton fabric which weighs at least (3) Other deviations for items made over each manufacturer’s standard last of buna-S (GR-S). A manufacturer 3.2 ounces a square yard and is frictioned equipment for the particular type of on both sides with the friction “ com­ may deviate from these specifications on footwear. footwear made in part of buna-S (GR-S) pound. (6) Vulcanization. All footwear shall (7) Insole. The insole shall be made to improve the serviceability of the foot­ be vulcanized under pressure to insure wear, or to avoid an impediment to pro­ a compact unit. of a cotton fabric which weighs at least duction or distribution. If a manufac­ (7) Packaging. All footwear shall be 3.2 ounces a square yard and is coated turer deviates from the specifications for on one side with a .good grade of stiffen­ packed in standard commercial con­ ing compound; any type of footwear made in part of tainers, so constructed as to instire ac­ buna-S (GR-S), he shall report to the ceptance by common or other carriers . (8) Binder sole and filler sole. A filler Office of Price Administration, Washing­ for safe transportation at the lowest rate sole may be used with or without a binder ton, D. C., prior to delivery of such foot-/ to the point of delivery. sole. The filler sole shall be made of wear, the exact nature of the departure (8) Brand name. The manufacturer’s a good grade of stiffening compound. from the specifications, th ereaso n s brand name may be placed on the foot­ When the filler sole is used with a binder therefor, and the anticipated period of wear. sole, and the two are produced separate­ such departure. If upon examination of (e) Detailed specifications for men’s ly, the binder sole shall be made of a the report submitted by the manufac­ 14" short boots. In addition to the gen­ cotton fabric that weighs at least 3.2 turer, the Office of Price Administration eral specifications already set forth, ounces a square yard, and is frictioned determines that the departure does not men’s 14" short boots must include the on both sides with the friction compound. improvè the serviceability of the foot­ component parts or alternatives listed When the filler sole is used with a binder wear, or does not avoid an impediment' below, except where the phrase “when sole, and the two are produced together, to production, the Office of Price Admin­ used’’ is employed, and must equal or ex­ the binder sole shall be made of a cotton istration will notify the manufacturer ceed the following minimum specifica­ fabric which weighs at least 1.8 ounces that the footwear in question, after the tions: a square yard ai*d is frictioned on one date of notification, will not meet these (1) Height. The height of the boot side with the friction compound and minimum specifications. • inside of the back shall be at least 13% coated on the other side with a good inches. grade of stiffening compound. The total [Paragraphs (2) and (3) added by Am. 5, 8 combined thickness of the insole, filler FR. 16059; effective 12-1-43] (2) Leg and toe lining. The leg and / toe lining shall he made of a cotton fab­ sole and binder sole shall be at least (d) General specifications. The fol­ ric which weighs at least 5.3 ounces a 0.175 inch, but it shall be. at least 0.190 lowing minimum requirements are ap­ inch if the filler, sole is used without a square yard. This* cotton fabric shall be binder sole. plicable to all footwear covered by these either frictioned on one side with the specifications, except that subpara­ friction compound or spreader coated [Paragraph (8) as amended by Am. 5, 8 FR. graphs (2) and (3) are not applicable and calender coated with the lining com­ 16059, effective 12-1-43] to any compound containing buna-S pound to a thickness of at least 0.006 (9) Stiffening counter. The stiffen­ (GR-S). inch at the face of the calender. ing counter shall be made of a good grade (1) Workmanship. The footwear shall (3) Leg form. The leg form shall be of stiffening compound and shall be at be free from any defects in workmanship made of a cotton fabric which weighs at least 0.045 inch thick. whieh might impair its serviceability. least 3.2 ounces a square yard and is fric­ (10) Gum leg cover, The gum leg (2) Rubber Compounds. The rubber tioned on both sides with the friction cover shall be made of the upper com­ compounds shall show on analysis the compound. The leg form may be omitted pound and shall be at least 0.020 inch amount of rubber hydrocarbons by vol­ if the leg lining is frictioned on one side thick. ume, tensile strength and elongation in- , with the friction compound or spreader (11) Gum vamp, The gum vamp dicated below: coated and calender coated with the lin­ shall be made of the upper compound ing compound to a thickness of at least and shall be at least 0.030 inch thick. 0.020 inch at the face of the calender. (12) Gum counter. The gum counter Minimum Minimum (4) Vamp form. The vamp form shall percent of pounds Mini­ shall be made of the upper compound total tensile mum be made of a cotton fabric which weighs and shall be at least 0.025 inch thick. Compounds rubber strength percent at least 5.3 ounces a square yard. This hydro­ per square elonga­ (13) Gum ankle. (When psed). The carbons by tion cotton fabric shall be frictioned on both gum ankle shall be made of the inner- volume inch sides with the friction compound and calender coated with the lining com­ parts compound and shall be at least 62 1200 pound to a thickness of at least 0.015 0.015 inch thick. The gum ankle may Friction______66 1100 360 be incorporated in the gum leg running. Lining______63 moo 850 inch at the face of -the calender. The Upper____ :______65 1500 380 calender coating of the vamp form to a (14) Gum heel stay. (When used). - 62 1000 thickness of at least 0.015 inch at the The gum heel stay shall be made of a 66 850 face of the calender may be omitted if compound which meets the minimum re- No. 39---- 2 2122 FEDERAL REGISTER, Thursday, February 24, 1944

quiremcnts for the inner-parts com­ ness of lining compound between lining on one side with a gpod grade of stiffen­ pound and shall be 0.025 inch thick. and outer fabric shall be at least 0.016 ing compound. (15) Gum back strip. (When used). inch. See subparagraph '(2). (12) Binder sole and filler sole. A The friction back strip shall be covered (5) Fabric quarter stay and fabric filler sole may be used with or . without by a gum back strip which shall be made heel piece. The fabric quarter stay and a binder sole. ’The filler sole shall be of the upper compound and shall be at fabric heel piece shall be made of a cot­ made of a good grade of stiffening com­ least 0.020 inch thick. ton fabric which weighs at least 3.2 pound. When the filler sole is used (16) Top-bind. The top-bind, which ounce! a square yard and is frictioned with a binder sole, and the two are pro- Shall be placed at the top of the boot, on both sides with the friction com­ dufeed separately, the binder sole shall shall be at least 5/16 inch wide and pound. be made of a cotton fabric that weighs 0.030 inch thick. It shall be made of (6) Buckle straps. The buckle straps at least 3.2 ounces a square yard, and is a compound which meets the minimum shall be made Of a cotton fabric which frictioned on both sides, with the friction requirements for the inner-parts com­ weighs at least 5.0 ounces a square yard. compound. When the filler sole is used pound. A black enamel rivet and cap This cotton fabric shall be frictioned on with a binder sole, and the two are pro­ or an eyelet may be placed at the top both sides and coated with a compound, duced together, the binder.sole shall be of the boot in the back, through or below which meets the minimum requirements made of a cotton fabric which weighs at. the top bind. of the upper compound, to a thickness least 1.8 ounces a square yard and is (47) Heel and toe foxing. A heel and of at least 0.006 inch at the face of the frictioned on one side with the friction toe knurled outside foxing or a plain in-* calender. The buckle straps shall be compound and coated on the other side side foxing shall extend completely folded and shall include two reinforce­ with a good grade of stiffening com­ around the edge, of the outsole. The ment cords of 10/2/3 Type A Hawser pound. The total combined thickness of knurled outside foxing shall be made of cord or an equivalent construction. the insole, filler sole and binder sole shall a compound which meets the minimum The breaking strength of the cords shall be at least 0.125 inch, but it shall be at requirements for the outsole compound be at least 12 pounds. The folded at least 0.135 inch if the filler sole is used and shall be at least 0.030 inch thick. buckle straps shall be in such width as to without a binder sole. The plain inside foxing shall be made of suitably thread the manufacturer’s [Paragraph (12) as amended toy Am. 5, 8 F.R. a compound which meets the minimum standard types of buckle. 16059, effective 12-1-43 \j requirements for the inner-parts com­ * (7) Buckles. The buckles shall be the (13) Stiffening counter. The stiffen­ pound and shall be Ht least 0.020 inch manufacturer’s standard hook and lad­ ing counter shall be made of a good grade thick.. der type. * of stiffening compound and shall be at (10) Outsole. The optsole shall be (8) Friction or gum inner-vamp. made of the outsole compound. It shall least 0.045 inch thick. Either a friction or a gum inner-vamp (14) Heel and toe foxing. The heel be at least 0.250 inch at the ball and shall be used. If a friction inner-vamp and toe foxing shall be made of a com­ shall extend under the heel to a thickness is used, it shall be made of a cotton fab­ pound which meets the minimum re­ of at least 0.100 inch. ric which weighs at least 3.2 ounces a (19) Heels. The heels shall be at least quirements for the upper compound and square yard and is frictioned on both shall be at least 0.025 inch thick.. y2 inch thick at the thinnest point. sides with the friction compound. If a (15) Outsole'. The outsole shall be (20) Finish. Boots shall have a nat­ gum inner-vamp is used, it shall be at made of the outsole compound and shall ural heater or lacquer finish. least 0.015 inch thick and shall be be at le'ast 0.190 inch thiek at the ball (21) . Weight. The weight of a pair ofmade of a compound which meets the and 0.250 inch thick at the back part of size nine finished boots shall be at least minimum requirements for the inner- 3 pounds 6 ounces. -— parts compound. When a gum inner the heel. -(f) Detailed specifications for men’s (16) Finish. Arctics shall have a nat­ vamp is used a collaret shall also be used. ural heater or lacquer finish. 4-buckle cloth farm-weight arctic. In This*collaret shall be made of a cotton addition to the general*specifications al­ (17) Weight. The weight of a pair of fabric which weighs at least 2.7 ounces size nine finished arctics shall be at least ready set forth, men’s 4-buckle cloth a square yard and is frictioned on, both farm-weight arctics must include the 2 pounds 9 ounces. sides with the friction compound. (g) Detailed specifications for men’s component parts or alternatives, listed (9) Gum or friction binding. (When below, except where the phrase “when 4-buckle, boys’ 3-buckle and youths’ 3- used.) If a gum binding is used it shall buckle light-weight arctics. In addition used” is employed, and must equal or ex­ be made of a compound, which meets ceed the following minimum specifica­ to the general specifications already set the minimum requirements for the in­ forth, men’s 4-buckle, boys’ 3-buckle and tions: ner-parts compound,' and shall be at (1) Height. The height of the arctic, youths’ 3-buckle light-weight arctics least Vi inch m width and 0.020 inch shall include the component parts or al­ inside at the back and following the con­ thick. If a friction binding is used, it tour of last, shall be at least ten inches ternatives listed below, except Where the shall be made of a cotton fabric which phrase “when used” is employed, and for size 9. weighs at least 2.7 ounces a square yard, must equal or exceed the following mini­ (2) Leg and toe lining. The leg and is frictioned on both sides with the fric­ toe lining shall be made of a cotton fleece mum specifications: tion compound ¿Ind is folded to form a (1) Height. The height at the back of which weighs at least 6.5 ounces a square bind. yard. This cotton' fleece shall have a the arctic and following the contour of minimum Scott bursting strength of at (10) Gum or fabric back stay. Either the last shall be at least 9% inches for least 45 pounds and shall be coated on a gum or fabric back stay shall be used. men’s size 9, 7% inches for boys’ size 5, This gum back stay shall be made of a and T% inches for youths’ size 1, one side with the lining compound. (See compound which meets the minimum re­ subparagraph (4)). (2) Leg and toe lining. The leg ,and (3) Pocket lining. The pocket lining quirements for the inner-parts com­ * toe lining shall be made of a cotton shall be a cotton fabric which weighs at pound and shall be at least 0.020 inch fleece which weighs at least 5.5 ounces least 3.2 ounces a square yard. This cot­ thick. The fabric back stay shall' be a square yard. This c'otton fleece shall ton fabric shall be coated on one side made of a cotton fabric which weighs at have a minimum Scott bursting strength with the lining compound to a thickness least 3.2 ounces a square yard and is fric­ of 45 pounds and shall be coated on one of at least' 0.006 inch at the face of the tioned on both sides, with the friction side with the lining compound to a thick­ ' calender. compound. The cotton fabric may also ness of at least 0.006 inch at the face (4) Cloth quarter, vamp and gore. be coated on one side to a thickness of at of the calender. See subparagraph (4)T The cloth quarter, vamp and gore shall least 0.006 inch at the face of the cal­ (3) Pocket lining. The pocket lining be made of either cotton and reprocessed ender. All back stays shall be made in shall be a cotton sheeting which weighs wool cashmerette which weighs at least the manufacturer’s standard shape. at least 3.2 ounces a square yard and is 8.5 ounces a square yard, or a twill weave (11) Insote. The insole shall be made coated on one side with the lining com­ cotton fabric, which weighs at least 9.0 of a cotton fabric which weighs at least pound to a thickness of at least 0.006 ounces a square yard. The total thick­ 3.2 ounces a square yard and is coated inch at the face of the calender. FEDERAL REGISTER, Thursday, February 24, 1944 2123 (4) Cloth quarter, vamp and gore. compound which meets the minimum re­ ounces a square yard. This cotton net The quarter, vamp and gore shall be quirements for the inner-parts compound shall have a minimum Scott bursting made of either a cotton net or a square and shall be at least 0.020 inch thick. strength of 85 pounds and shall be coated woven fabric. If a cotton net is used, it The fabric back stay shall be made of a on one side with the lining compound to shall weigh at least 5.9 ounces a square cotton fabric which weighs at least 3 2 a thickness of at least 0.006 inch at the yard. This cotton net shall have a mini­ ounces a square yard and is frictioned on face of the calender. mum Scott bursting strength of 85 both sides with the friction compound. (3) Counter and heel piece. The pounds add shall be coated’on one side All back stays used shall be made in the counter shall be made of a good grade of with the lining compound to a thickness manufacturer’s standard shape. stiffening compound and shall be at least of at least 0.006 inch at the face of (12) Insole. The insole shall be made 0.045 inch thick. The heel piece shall the calender. If a square woven fabric of a cotton fabric which weighs at least be made of a cotton fabric which weighs is used, it shall weigh at least 6.4 ounces 2.7 ounces a square yard and is coated at least 2.7 ounces a square yard and is a square yard. This square woven fab­ with a good grade of stiffening com­ frictioned on both sides with the friction ric shall be coated on one side with the pound. compound. If the manufacturer so de­ lining compound and the total thickness > (13) Binder sole and filler sole. A sires both parts may be combined and of the lining compound between the lin­ filler solp may be used With or without a made from a cotton fabric, which weighs ing and the outer fabric shall be at least binder sole. The filler sole shall be made at least 1.8 ounces a square yard. This 0.016 inch. See subparagraph (2). of a good grade of stiffening compound. cotton fabric shall be frictioned on one (5) Fabric heel piece. The fabric heel When the filler sole is used with a binder side with the friction compound and piece shall be made of a cotton fabric sole, and the two are produced sepa­ coated on the other side with a good which weighs at least 3.2 ounces a square rately, the binder sole shall be made of grade of stiffening compound to an over­ yard and is frictioned on both sides with a cotton fabric that weighs at least 3.2 all gauge of at least 0.040 inch thick. the friction compound. ounces a square yard, and is frictioned When the combination, counter and heel (6) Fabric quarter stay. The quarter on both sides with the friction com­ piece is placed on the outside of the up­ stay shall be made of a cotton fabric pound. When the filler sole is used with per, a gum heel piece not less than 0.025 Which weighs at least 3.2 ounces a square a binder sole, and the two are produced inch thick shall be used. The com­ yard and is frictioned on both sides with together, the binder sole shall be made bination counter and heel piece may be the friction compound. of a cotton fabric Vhich weighs at least placed between the lining and the upper. (7) Buckle straps. The buckle straps 1.8 ounces a square yard and is frictioned (4) Insole. The insole shall be made shall be made of a cotton fabric which on one side with the friction compound of a cotton fabric which weighs at least weighs at least 4.1 ounces a square yard, and coated on the other side with a good 3.2 ounces a square yard and is coated and is frictioned on both sides to an grade of stiffening compound. The total one one side with a good grade of stiffen­ over-all gauge of at least 0.025 inch combined thickness of the insole, filler ing compound. thick.. The buckle straps shall be folded sole and binder sole shall be at least (5) Binder sole and filler sole. A filler and when so constructed shall include 0.085 inch, but it shall be at least 0.095 sole may be used with or without a two reinforcement cords of 10/2/3 Type inch if the filler sole is used without a binder sole. The filler sole shall be made A Hawser cord or its equivalent. The binder sole. of a good grade of stiffening compound. breaking strength of the cords shall be [Paragraph (13) as amended by Am. 5, 8 F.R. When the filler sole is used with a binder at least 12 pounds. When 6.0 ounces a 16059, effective 12-1-43] sole, and the two are produced sep­ square yard or heavier cotton fabric is (14) Stiffening counter. The stiffen­ arately, the binder sole shall be made of used it is not necessary to reinforce with a cotton fabric that weighs at least 3.2 cord. The folded buckle straps shall be ing counter shall be made of a good grade of stiffening compound and shall ounces a square yard, and is frictioned in such widths as to suitably thread the on both sides with the friction com­ manufacturer’s standard type of buckle. be at least 0.045 inch thick. (15) Heel and toe foxing. The heel pound. When the filler sole is used with (8) Buckles. The buckle shall be of a binder sole, and the two are produced the manufacturer’s standard hook and and toe foxing shall be made of a com­ pound, which meets the minimum re­ together, the binder sole shall be made ladder type. quirements for the upper compound, and of a cotton fabric which weighs at least (9) Friction or gum inner-vamp. Ei­ shalTbe at least 0.020 inch thick. 1.8 ounces a square yard and is fric­ ther a friction or a gum inner-vamp shall (16) Outsole. The outsole shall be tioned on one side with the friction com­ be used. If a friction inner-vamp is used, made of the outsole compound. It shall pound and coated on the other side with it shall be made of a cotton fabric which be at least 0.120 inch thick at the ball a good grade of stiffening compound. weighs at least 3.2 ounces a square yard . and at least 0.200 inch thick at the The total combined thickness of the in­ and is frictioned on both sides with the back of the heel. sole, filler sole and binder sole shall be friction compound. If a gum inner- (17) Finish. Arctics shall have natu­ at least 0.120 inch, but it shall be at vamp is used it shall be at least 0.015 ral heater or bright finish. least 0.130 inch if the filler sole is used inch thick and shall be made of a com­ (18) Weight. The weight of a pair without a binder sole. pound which meets the minimum require­ of finished arctics shall be no less than [Paragraph (5) a? amended by Am. 5, 8 P. R. ments for the inner-parts compound. the following: 16059, effective 12-1-43] When a gum inner-vamp is used, a col­ Age and size: Weight (6) Toe-cap. Either a friction or a laret shall also be used. This collaret Men’s size 9_*---- _—__ 1 pound, 12 ounces. shall be made of a cotton fabric which Boys* size 5_— ______‘1 pound, 7 ounces. gum toe-cap shall be used. If a friction weighs a t least 5.0 ounces a square yard Youths’ size 1——— _ 1 pound, 3 ounces. toe-cap is used, it shall be made of a cot­ and is frictioned on both sides with the ton fabric which weighs at least 2.7 friction compound. (h) Detailed specifications for men’s ounces a square yard and is frictioned on (10) Gum or friction binding. (When work rubbers, semistorm and storm. In both sides with the friction compound. used). If a gum binding is used it shall addition to the general specifications al­ If a gum toe-cap is used, it shall be ready set forth, men’s work rubbers, made of a compound which' meets the be made of a compound which meets the semistorm and storm, must include the minimum requirements for the inner- component parts or alternatives listed minimum requirements for the upper parts compound and shall be at least Ya below except where the phrase “when compound and shall be at least 0.030 inch in width and 0.020 inch thick. If used” is employed, and must equal or ex­ inch thiek. a friction binding is used, it shall be made ceed the following minimum specifica­ (7) Upper. The upper shall be made of a cotton fabric which weighs at least tions: of the upper compound and shall be at 2.7 ounces a square yard, is frictioned on (1) Height. The height at the back least d030 inch thick. both sides with the friction compound and of the rubber, following the contour of (8) Foxing'. The foxing shall be made is folded to form a bind. the last shall be at least 3% Inches for of a compound, which meets the mini­ (11) Gum or fabric back stay. Either men’s size 9. mum requirements for the sole com­ a gum or a fabric back stay shall be used. (2) Lining. The lining shall be made pound, and shall be at least 0.030 inch The gum back stay shall be made of a of a cottoA net which weighs at least 6.3 thick. 2X24 FEDERAL REGISTER, Thursday, February 24, 1944 (9) Gum bind. The gum bind shall be. shall be made of cotton fabric which gum toe-cap must be used on boys’, made of a compound, which meets the weighs at least 2.7 ounces a square yard youths’, misses’ and children’s sizes. If minimum requirements for the sole com­ and is frictioned on both sides with the a friction toe-cap is used, it shall be made pound and shall be at least A inch friction compound. If the manufac­ of si cotton fabric which w'eighs at least wide and 0.030 inch thick A separate turer so desires, both parts may be com­ 2.7 ounces a square yard and is fric­ bind shall not be required if the bind is bined and made from a cotton fabric tioned on both sides with the friction engraved in the gum upper. which weighs at least 1.8 ounces a square compound. If tu gum toe-cap is used, it (10) Outsole. The outsole shall be yard. This cotton fabric shall be fric­ shall be made of the upper compound made of the outsole compound and shall tioned on one side with the friction com­ and shall be at least the gauge of the be at least 0.190 inch thick at the ball pound and coated on the other side with upper. and 0.25 inch thick at the back part of _ a good grade of stiffening compound to (8) Upper. The upper shall be made the heel. an over-all gauge of at least 0.030 inch of the upper compound and shall be at (11) Finish. Men’s work rubbers thick. The stiffening counter, either least 0.020 inch thick for men’s, boys’ shall have a natural heater, starch or singly or in combination, may be omitted and youths’ sizes and shall be at least lacquer finish. if a cotton fabric which weighs at least 0.017 inch thick for women’s, misses’, (12) Weight. The weight of a pair 5.0 ounces per square yard is used and is growing girls’ and children’s sizes. of finished men’s size 9 work rubbers frictioned on both sides with friction (9) Gum bind. The gum bind shall shall be at least 1 pound 9 ounces. compound. When the combination be made of a compound which meets the (13) Alternate construction. T h e counter and heel piece is placed on the minimum requirements for the sole com­ manufacturer may use the following al­ outside of the upper, a gum heel piece pound. The gum bind shall be at least ternate constructions if he uses all of the must be used. This gum heel piece shall Vs inch wide and shall be at least the constructions listed below: be made of a compound which meets the same gauge as the upper. A separate (i) The lining shall be made of a minimum requirements for the upper bind shall not be required if a bind is fabric which weighs at least 6.7 ounces compound and shall be at least 0.020 inch engraved in the gum upper. a square yard and is coated on one side thick for men’s, boys’ and youths’ sizes (10) Toe strip or foxing. The toe with the lining compound to a thickness and 0.017 inch thick for women’s, grow­ strip or the foxing shall be made of a of at least 0.006 inch at the face of ing girls’, misses’ and children’s sizes. compound which meets the minimum re­ the calender. (See subparagraph (2)). The combination counter and heel piece quirements for the soling compound arid (ii) Both fabric and gum toe-caps may be placed between the lining and shall be at least the same gauge as the shall be used. (See subparagraph (6)). the upper. _ upper. Neither a toe strip nor a foxing (iii) When both the combination [Paragraph (3) as amended by. Am. 6, 8 F.R, need be used where the manufacturer’s counter and gum heel piece are used 16059, effective 12-1-43] process makes allowances for either of (See subparagraph (3)), then the gauge them in the upper itself. for the upper (See subparagraph (7)), (4) Insole. The insole shall be made the gum toe-cap (See subparagraph of a cotton fabric which weighs at least [Paragraph (10) a& amended by Am. 5, 8 F.R. (6)) and the gum heel piece (See sub- 2.7 ounces a square yard and is coated 16059, effective 12-1-43] paragraph (3)> shall be at least 0.025 on one side with a good grade of stiffen­ (11) Outsole. The outsole shall be inch thick. ing compound. made of the outsole compound and shall • (i) Detailed specifications for men’s (5) Heel plug. A heel plug shall be be at least of the following thicknesses: and boys’ dress rubber, storm and over used on women’s heels of 12/8 or higher. (soft back only); youths’, growing girls, This heel plug shall be made of a cotton Inch thick Inch thick misses’, and children’s storm rubber and fabric which weighs at least 1.8 ounces Age'or gender at ball at back part women’s over. In addition to the gen­ a square yard and is frictioned on one of heel eral specifications already set forth, side and coated on the other side with 0.100 0.160 men’s and boys’ dress rubber, storm and a good grade of stiffening compound to .120 .170 over (soft back only); youths’, growing a thickness of at least 0.035 inch. A .120 .170 girls’, misses’ and children’s storm rub­ .075 .150 fibre or hard rubber heel plug at least .075 .150 ber and women’s over must include the 0.040 inch thick may be used in place .110 . ICO component parts or alternatives listed of the fabric heel plug. .110 .160 below and must equal or exceed the fol­ (6) Binder sole and filler sole. A lowing minimum specifications: filler sole may be used with or without (12) Finish. The finish shall be bright (1) Height. The height at the back, a binder sole. The filler sole shall be or lacquer. following the contour of the last, shall made of a good grade of stiffening com­ (.IS) - Weight. The weight of a pair of be at least 3% inches for men’s size 9. pound. When the filler sole is used with men’s size 9 finished rubbers shall be at Other ages or genders and heel heights a binder sole, and the two are produced least 13 ounces. The minimum weight of shall vary from this height in accord­ separately, the binder sole shall be made other ages and genders shall vary in ance with each manufacturer’s usual of a cotton fabric that weighs at least 3.2 accordance with the manufacturer’s grading. ounces a square yard, and is frictioned on grading. * (2) Lining. For men’s, boys’ and both sides with the friction compound. (j) Detailed specifications for rubber youths’ sizes, the lining shall be made When the filler sole is used with a binder gaiters for women, misses and children. of a cotton net which weighs at least sole, and the two are produced together, The specifications are intended to cover 5.4 ounces a square yard and has a the binder sole shall be made of a cotton the type of rubber gaiter commonly minimum Scott bursting strength of 85 fabric which weighs at least 1.8 ounces known as the “two snap rubber gaiter.” pounds. For women’s, growing girls’;^ a square yard and is frictioned on one However, because of the metal shortage misses’ and children’s sizes, the lining side with the friction compound and no specific type of fastening has been re­ shall be made of a cotton net which coated on the other side with a good quired. In addition to the general speci­ weighs at least 4.0 ounces a square yard grade of stiffening compound. The to­ fications already set forth, such gaiters and has a minimum Scott bursting tal combined thickness of the insole, must include the component parts or al­ strength of 45 pounds. For all genders, filler sole and binder sole shall be at least ternatives listed below, except where the the fabrics shall be coated on one side 0.070 inch, exclusive of the heel plug, but phrase “when used” is employed, and with the lining compound to a thick* it shall be at least 0.080 inch if the filler must equal or exceed the following mini­ ness of at least 0.006 inch at the face sole is used without a binder sole. mum specifications: of the calender. t • , (1) Height. The height of the gaiter (3) Counter and heel piece. The [Paragraph (6) as amended by Am. 5, 8 F.R. inside at the back shall be at least 6% counter shall be made of a good grade 16059, effective 12-1-43] inches for women’s low heel, size 5, QVz of stiffening compound and shall be at (7) Toe-cap. Either a friction or a inches for misses’ size 13 and 5 Vz inches least 0.045 inch thick. The heel piece gum toe-cap shall be used, except that a for children's size 10. FEDERAL REGISTER, Thursday, February 24, 1944 2125 (2) Leg lining. The leg lining shall be pound. When the filler sole is used with least 7.5 ounces. The weight of other made of a cotton fleece which weighs at a binder sole, and the two are produced ages shall vary from this weight in ac­ least 5.5 ounces a square yard. This cot­ separately, thg binder sole shall be made cordance with the manufacturer’s ton fleece shall have a minimum Scott of a cotton fabric that weighs at least grading. bursting strength of 45 pounds and shall 3.2 ounces a square yard, and is fric­ (k) Detailed specifications for men’s be coated on one side with the lining tioned on both sides with the friction 4-buckle rubber midweight arctic. In compound to a thickness of at least 0.003 compound. When the filler sole is used addition to the general specifications inch at the face of the calender, pro­ with a binder sole, and the two. are' pro­ already set forth, men’s 4-buckle rubber viding that the combined thickness of duced together, the binder sole shall be midweight arctics shall include the com­ the lining coat and upper is at least 0.023 made of a cotton fabric which weighs at ponent parts or alternatives listed below, inch. The leg lining shall be either a least 1.8 ounces a square yard and is fric­ except where the phrase “when used” is one or two piece construction, shall be tioned on one side with the friction com­ employed, and must equal or exceed -the properly lapped or butted at the seam pound and coated on the other side with following minimum specifications. joining and shall be properly cemented a good grade of stiffening compound. (l) Height. The height at the back to insure good adhesion. See subpara­ The total combined thickness of the in­ of the arctic following the contour of the graph (12). sole, filler sole and binder sole shall be last, shall be at least 10 inches for men’s ('3) Fastener post stay. The fastener at least 0.070 inch, exclusive of the heel size 9. post stay shall be made of a cotton fabric plug, but it shall be at least 0.080 inch if (2) Leg and toe lining. The leg and which weighs at least 3.2 ounces a square the filler sole is used without a binder toe lining shall be made either of a yard and is frictioned on both sides with sole. cotton net which weighs at least 7.3 the friction compound. [Paragraph (11) as amended by Am. 5, 8 F.R. ounces a square yard, or of a cotton (4) Front stay lining. The front stay 16059, effective 12-1-43] fleece which weighs at least 6.5 ounces lining shall be made of a cotton fabric (12) Gum upper and gum, reinforce­ a square yard. If the cotton net is used, which weighs at least 4.0 ounces a square it shall have a minimum Scott bursting yard and is coated on one side with the ment back stay. The gum upper and gum reinforcement back stay shall be strength of 85 pounds and shall be coated lining compound to a thickness of at on one side With lining compound to a least 0.006 inch at the face of the cal­ made of the upper compound, shall be ender. embossed with a plain, pebble, grosgrain, thickness of at least 0.006 inch at the or similar design roll and shall be at least face of the calender. If the cotton fleece (5) Fabric front stay. The fabric is used, it shall have a minimum Scott front stay shall be made of a cotton fab­ 0.017 inch thick. If the lining is of a one piece front join construction, the bursting strength of 45 pounds and shall ric which weighs at least 3.2 ounces a be coated on one side with lining com­ square yard and is frictioned on both gum reinforcemerit back stay may be omitted. See subparagraph (2). pound to a thickness of at least 0.006 sides with the friction compound. The inch at the face of the calender. " front stay may be omitted if the front (13) Gum front stay, gum back stay stay lining is made of a cotton fabric and gum counter. The gum front stay, (3) Pocket lining. The pocket lining which weighs at least 6.3 ounces a square gum back stay and gum counter shall be shall be a cotton net which weighs at yard. made of the upper compound, shall be least 5.0 ounces a square yard and is (6) Fabric front stay hinge. The fab­ embossed with a plain, pebble, grosgrain coatèd on one side with lining compound or similar design roll, and shall be at least to a thickness of at least 0.006 inch at ric front stay hinge shall be made of a the face of the calender. cotton fabric which weighs at least 3.2 0.017 inch thick. The gum back stay ounces a square yard and is frictioned on and gum counter may be combined into (4) Fabric backstay or optional back one unit. strip. The fabric backstay or back strip both sides with the friction compound. shall be made of a cotton fabric which The fabric front stay shall be properly (14) Gum binding. The gum binding placed at the lower front stay and the shall extend from the top of the front stay weighs at least 3.2 ounces a square yard. to the top of the gaiter and shall extend This cotton fabric shall be frictioned on quarter joint. both sides with friction compound, or (7) Fabric counter. The fabric completely around the gaiter upper at the counter shall be made of a cotton fabric top. The gum binding shall be made of shall be frictioned bn.one side with fric­ the upper compound, and shall be at least tion compound and coated on the other which weighs at least 2.7 ounces a square side with lining compound to a thick­ yard and is frictioned on both sides with 0.017 inch thick and A inch wide. (15) Gum foxing. The gum foxing ness of at least 0.006 inch at the face the friction* compound. of the calender. (8) Fabric reinforcement strip. The shall be made of the upper compound, shall be plain or embossed and shall be at (5) Fabric front stay. Thè fabric fabric reinforcement strip shall be made front stay shall be made of a cotton fab­ of a cotton fabric which weighs at least least 0.017 inch thick. The gum foxing shall extend completely around the fore­ ric which weighs at least 3.2 ounces a 2.7 ounces a square yard and is frictioned square yard. This cotton fabric shall on both sides with the friction compound. part of the outsole from shank to shank. (16) Gum toe-cap. The gum toe-cap be frictioned on one side with friction If the lining is of a one piece construc­ compound and coated on the other side tion %e fabric reinforcement strip may shall be made in the manufacturer’s standard shape and shall be made of a with lining compound to a thickness of be omitted. at least 0.003 inch at the face of the (9) Insole. The insole shall be made compound which meets the minimum re­ quirements for the upper compound, calender. of a cotton fabric which weighs at least (6) Stiffening counter and fabric heel 2.7 ounces a square yard and is coated on shall be plain or embossed and shall be at least 0.017 inch thick. The gum piece. The stiffening counter shall be one side with a good grade of stiffening made of a good grade of stiffening com­ compound. front join or piping strip extending over (10) Heel plug. A heel plug shall be the toe edge may be considered as a gum pound and shall be at least 0.040 inch used on women's heels of 12/8 or higher. toe-cap. thick. This stiffening counter shall be The heel plug shall be made of a cotton (17) Outsole. The outsole shall be used in conjunction with either a sepa­ fabric which weighs at least 1.8 ounces a made of the sole compound and shall be rate fabric heel piece, or a cotton fabric square yard and is frictioned on one side at least of the following thicknesses: which weighs at least 5.0 ounces a square and coated on the other side with a good women’s, 0.075 inch at the ball and yard. If the heel pièce is used, it shall grade of stiffening compound to a thick­ 0.150 inch at the heel; misses’, O.llO be made of a cotton fabric which weighs inch at the ball and 0.160 inch at the at least 5.0 ounces a squàre yard and ness of at least 0.035 inch. A fibre or heel; and children’s, 0.110 inch at the hard rubber heel plug of at least 0.040 ball and 0.160 inch at the heel. is frictioned on both sides with the fric­ inch thick may be used in the place of (18) Fasteners. Fasteners shall be of tion compound. the fabric heel plug. the manufacturer’s standard type. (7) Fabric buckle stay cover. The (11) Binder sole and filler sole. A (19) Finish. The finish shall be fabric buckle stay cover shall be made of filler sole may be used with or without a natural heater or lacquer. a cotton fabric which Weighs at least 5.0 binder sole. The filler sole shall be (20) Weight. The weight of a pair of ounces a square yard, and is frictioned made of a good grade of stiffening com­ women’s size 5 finished gaiter shall be at; on both sides with friction compound. 2126 FEDERAL REGISTER, Thursday, February 24, 1944

This cotton fabric either shall be covered side with the friction compound and size 9, 7% inches for boys’ size 5, and 7% with gum buckle stay covers made of coated on the other side with a good inches for youths’ size 1. upper compound of a thickness of at grade of. stiffening compound. The total (2) Leg and toe lining. The leg and least 0.015 inch, or shall be coated with combined thickness of the insole, filler toe lining shall be made of a cotton lining compound to a thickness of at sole and binder sole shall be at least 0.120 fleece which weighs at least 5.5 ounces least 0.010 inch at the face of the inch, but it shall be at least 0.130 inch if a square yard. This cotton fleece shall calender. It is optional to use a one- the filler sole is used without a binder have a minimum Scott bursting strength piece construction or separate buckle sole. • of 45 pounds, and shall be coated on one covers. [Paragraph (13) as amended by Am. 5, 8 F.R. side with the lining compound to a (8) Fabric buckle-strap. The buckle- 16059, effective 12-1-43] thickness of at least 0.003 inch at the strap shajl be made of a cotton fabric face of the calender. which weighs at least 5.0 ounces a square (14) Gum quarter. The gum quarter (3) Pocket lining. The pocket lining yard. This cotton fabric shall be fric- shall be made of the upper compound shall be made of a cotton net which tioned on both sides with friction com­ and shall be at least 0.025 inch thick. weighs at least 4.0 ounces a square yard, pound and coated on one side with lining (15) Gum pocket. The gum pocket and is coated on one side with the lin­ compound to a thickness of at least 0.003 shall be made of the upper compound ing compound to a thickness of at least inch at the face of the calender. The and shall be at least 0.020 inch thick. 0.003 inch at the face of the calender. buckle straps shall be folded and when (16) Gum heel piece. The gum heel (4) Fabric back stay or optional back so constructed shall include two rein­ piece shall be made of a compound which strip. The fabric back stay or back strip forcement cords of 10/2/3 type A Hawser meets the minimum requirements of the shall be made of a cotton fabric which cord, or its equivalent. The breaking outsole compound and shall be at least weighs at least 2.7 ounces a square yard strength of the cords shall be at least 12 0.025 inch thick. and is frictioned on both sides with the (17) Gum front stay. The gum front friction compound. pounds. The folded buckle-straps shall stay shall be made of compound which be in such width as to suitably thread (5) Fabric front join stay. The fabric meets the minimum requirements of the front join stay shall be made of a cotton the manufacturer’s standard type of outsole compound, shall be embossed fabric which weighs at least 5.0 ounces buckle. with a plain, pebble, grosgrain or similar (9) Buckles. The buckles shall be the a square yard, and is either frictioned design on the outer surface, and shall be on both sides with the friction compound, manufacturer’s standard hook and lad­ at least 0.025 inch thick. or frictioned on one side with the fric­ der type. (18) Gum vamp. The gum vapip tion compound and coated on the other (10) Fabric or optional gum front shall be made of the upper compound side with lining compound to a thick­ chaffing stay or pocket stiffener. The and shall be at least 0.025 inch thick. front chaffing stay or pocket stiffener ness of at least 0.003 inch at the face (19) Gum toe cap {When used). The of the calender. shall be made either of a cotton fabric gum toe cap may be omitted if a fabric (6) Fabric counter. The fabric counter which weighs at least 3.2 ounces a square inner yamp is used. If the gum toe cap shall be made of a cotton fabric which yard or of the inner parts compound. is used, it shall be made of a compound weighs at least 3.2 ounces a square yard If a cotton fabric is used, it shall be which meets the minimum requirements and is either frictioned on both sides frictioned on one side with friction com­ for the outsole compound, and shall be with the friction compound, or frictioned pound, or coated on one side with the at least 0.025 inch thick. on one side with friction compound and lining compound to a thickness of at (20) Gum bind. The gum bind shall coated on the other side with a good least 0.003 inch at the face of the be made of a compound which meets the grade of stiffening compound to a thick­ calender. If the inner parts compound minimum requirements for the outsole ness of at least 0.040 inch. is used, it shall be at least 0.015 inch compound, shall be placed at the top of (7) Fabric buckle stay cover. The thick. the arctic, and shall be at least 0.025 fabric buckle stay cover shall be made (11) Friction or optional gum inner - inch thick and 5A& inch wide. A sep­ of a cotton fabric which weighs at least vamp. Either a friction or a gum inner- arate bind shall not be required if the 5.0 ounces a square yard. This cotton vamp shall be used. If a friction inner- bind is engraved in the gum upper. fabric shall be frictioned on both sides vamp is used, it shall be made of a cotton (21) Gum foxing; heel and toe. The with the friction compound and either fabric which weighs at least 3.2 ounces heel and toe foxing shall be made of a covered with gum buckle stay covers a square yard, and is either frictioned on compound which meets the minimum re­ made of ui>per compound of # minimum both sides with the friction compound, quirements of the outsole compound, thickness of 0.015 inch or coated with or coated on both sides with the lining shall have a design on its surface and lining compound to a thickness of at compound to a thickness of at least 0.003 shall be at least 0.030 inch thick at its least 0.010 inch at the face of the calen­ inch at the face of the calender. If thinnest point. der. If a minimum 4 strand tire cord a gum inner-vamp is used, it shall be (22) Gum outsole. The outsole shall fabric, or a square woven fabric weighing at least 0.025 inch thick and shall be be made of the outsole compound and at least 5.3 ounces a square yard and made of a compound which meets the shall be at least 0.190 inch thick at coated with lining compound, or^ric- minimum requirements for the inner- the ball and 0.250 inch thick at the tioned with friction compound and dou­ parts compound. back part of the heel. bled to itself, is used for the buckle strap, (12) Insole. The insole shall be made (23) Finish. Arctics shall have a nat­ this strap need be covered only with a of a cotton fabric which weighs at least ural heater or lacquer finish. gum buckle stay cover which is made of 3.2 ounces a square yard, and is coated (24) Weight. The weight of a pair of on one side with a good grade of stiffen­ the upper compound and is at least ing compound. men’s size 9 finished arctics shall be 0.015 inch thick. It is optional to use (13) Binder sole and filler sole. A no less than two pounds nine ounces. a one-piece construction or separate filler sole may be used with or without a (1) Detailed specifications for men’sbuckle covers. binder sole. The filler sole shall be made 4-buckle, boys’ 3-buckle and youths’ 3- (8) Fabric buckle strap. The fabric of a good grade of stiffening compound. buckle light-weight rubber arctics. In buckle strap shall be made of a cotton When the filler sole is used with a binder addition to the general specifications fabric which weighs at least 5.0 ounces sole, and the two *are produced sepa­ already set forth, men’s 4-buckle, boys’ a square yard. This cotton fabric shall rately, the binder sole shall be made of a 3-buckle and youths’ 3-buckle light­ be frictioned on both sides with friction cotton fabric that weighs at least 3.2 weight arctics shall include the compo­ compound and coated on one side with ounces a square yard, and is frictioned on nent parts or alternatives listed below, lining compound to a thickness of at both sides with the friction compound. except where the phrase “when used” is least 0.003 inch at the face of the When the filler sole is used with a binder employed, and must equal or exceed the calender. The buckle strap shall be sole, and the two are produced together, following minimum specifications: folded and when so constructed shall the binder sole shall be made of a cotton (1) Height. The height at the backinclude two reinforcement cords of fabric which weighs at least 1.8 ounces of the arctic following the contour of the 10/2/3 Type A Hawser cord or its equiva­ a square yard and is frictioned on one last shall be at least 9% inches for men’s lent. The breaking strength of the FEDERAL REGISTER, Thursday, February 24, 1944 2127 cords shall be at least 12 pounds. When 0. 025 inch thick and at least inch (b) Maximum prices for canvas rub­ 5.3 ounces a square yard or heavier wide. ber footwear which is not covered by cotton fabric is used, it is not necessary (18) Gum foxing. The foxing shall paragraph (a). The maximum price for to reinforce with cord. The folded be made of'the outsole compound and buckle strap shall be in such width as to shall be at least 0.020 inch thick. canvas rubber footwear not covered by suitably thread the manufacturer’s (19) Gum outsole. The outsole shall .paragraph (a) shall be a price, in line standard type of buckle. be made of the outsole compound and with the level of maximum prices estab­ (9) Buckles. The buckle shall be of shall be at least 0.120 inch thick at lished by this regulation, determined by the manufacturer’s standard hook and 'the ball and at least 0.195 inch thick at the seller after specific authorization ladder type. the back of the heel. from the Rubber Price Branch of the (10) Fabric or optional gum front (20) Finish. Arctics shall have a nat­ Office of Price Administration. A seller chaffing stay or pocket stiffener. The ural heater or lacquer finish. who- seeks such authorization shall file front chaffing stay or pocket stiffener (21) Weight. The weight of a pair the report required by paragraph (b) of shall be made either of a cotton fabric of finished arctics shall be no less than § 1315.65a with the Rubber Price Branch which weighs at least 2.7 ounces a square the following: yard’ or of the inner parts compound. of the Office of Price Administration, If the cotton fabric is used, it shall be Age and size: Weight Washington, D. C., before first offering either frictioned on one side with fric­ Men’s—Size 9— 1 pound, 12 ounces. to sell the canvas rubber footwear or on Boys’-—Size 5----.—. 1 pound, 7 ounces. December 31,1943, whichever is the later tion compound, or coated on one side Youths’—Size 1__ 1 pound, 3 ounces. with lining compound to a thickness of date. Within thirty days after mail­ at least 0.003 inch at the face of the [§ 1315.72 added by Am. 3, 8 PH. 12302, effec­ ing the required report to the Rubber calender. If the inner parts compound tive 10-2^-43] Price Branch of the Office of Price Ad­ is used, it shall be at least 0.020 inch § 1315.73 Appendix D: Maximum ministration, the Rubber Price- Branch thick. prices for canvas footwear—(a) Maxi­ of the Office of Price Administration will (11) Insole. The insole shall be made mum prices for canvas rubber footwear either approve the maximum price pro­ of a cotton fabric which weighs at least named in Table II. (1) This paragraph posed in the report or designate in writ­ 2.7 ounces a square yard and is coated is applicable to canvas rubber footwear with a good grade of stiffening com­ ing a different maximum price in Unp named in Table II, but only if such foot­ with the level of prices established by pound. wear is produced after December 14, (12) Binder sole and filler sole. A 1943, and it does not fall below the manu­ this regulation. If thirty days have filler sole may be used with or without a facturer’s minimum specifications filed elapsed after the mailing of the required binder sole. The filler sole shall be made with the Rubber Price Branch, Office of report, without the Rubber Price Branch of a good grade of stiffening compound. Price Administration, before December of the Office of Price Administration When the filler sole is used with a binder 31, 1943. either approving the proposed maximum sole, and the two are produced sepa­ (2) In order to determine his maximumprice or designating in writing a differ­ rately, the binder sole shall be made of a price ¿or canvas rubber footwear sub­ ent maximum price, the price proposed cotton fabric that weighs at least 3.2 ject to this paragraph, the manufacturer by the manufacturer shall be the maxi­ ounces a square yard, and is frictioned shall deduct from the price for the can­ mum price. The manufacturer may not on both sides with the friction com­ vas rubber footwear in question set forth accept payment for the canvas rubber pound. When the filler sole is used with in the following table, all discounts, al­ footwear until the proposed maximum a binder sole, and the two are produced lowances and other deductions from the price is approved by the Rubber'Price together, the binder sole shall be made list price that he had in effect to a pur­ Branch of the Office of Price Adminis­ of a cotton fabric which weighs at least chaser of the same class on December 3, tration or thirty days have elapsed after 1.8 ounces a square yard and is frictioned 1941, for comparable quality canvas foot­ the mailing of the required report by the on one side with the friction compound wear, or if he was not selling canvas manufacturer to the Rubber Price and coated on the other side with a good footwear of comparable quality on De­ Branch of the Office of Price Adminis­ grade of stiffening compound. The total cember 3, 1941, on the/most recent date combined thickness of the insole, filler tration. If the Rubber Price Branch of prior thereto, not earlier than January the Office of Price Administration desig­ sole and binder sole shall be at least 1, 1941, on which he was selling such 0.070 inch, but it shall be at least 0.080 canvas footwear. If a manufacturer had nates a maximum price in writing, pay­ inch if the filler sole is used without a no discount policy for comparable quality ment may not be received at a price in binder sole. * canvas footwear in effect at any time excess of the price so designated. [Paragraph (12) as amended by Am. 5, 8 PH. between January 1,1941, and December 3, [§ 1315.73 added by Am. 6, 8 F.R. 16685, effec­ 16059,' effective 12-1-43] 1941, he shall deduct all discounts, al­ tive 12-15-43] (13) Gum quarter. The gum quarter lowances and other deductions from’the N o t e : All reporting and record-keeping re­ shall be made of the upper compound list price that his most closely competi­ quirements of this regulation have been ap­ and shall be at least 0.020 inch thick.- tive seller of comparable quality canvas proved by the Bureau of the Budget in (14) Gum pocket. The gum pocket footwear had in effect to a purchaser accordance with the provisions of the Federal shall be made either of the upper com­ of the same class on December 3, 1941. Reports Act of 1942. pound or of a knitted fabric. If the up­ Table II—Certain Canvas Rubber Footwear per compound is used, it shall be at least Prices From Which D iscounts Must B e Issued this 22d day of February T944. 0.020 inch thick. If a knitted fabric Deducted Chester Bowles, is used, it shall weigh-at least 4.0 ounces Type: Administrator. a square yard, and shall be coated with Training shoes, backed tfppers, Price lining compound to an over all thickness molded soles: per pair [F. R. Doc. 44-2589;“Filed, February 22, 1944; of at least 0.030 inch. Men’s______J___ $2.40 4:48 p. m.] (15) Gum heel piece. The gum heel Boys’ ------2.25 piece may be one or two pieces. It shall Trimmed lace-to-toe bal: Men’s______1.65 be made of a compound which meets the Boys’------1.50 minimum requirements of the outsole Youths’______1.40 P art 1340—F uel compound and shall be at least 0.020 Little gents’______i. so inch thick. Lace-to-toe gym bal: [MPR 120, Arndt. 84] (16) Gum front stay. The gum front Women’s______1.30 stay shall be made of a compound which Misses’- , ______1.25 BITUM INOUS COAL DELIVERED FROM M INE OR meets the minimum requirements of Untrimmed oxford: PREPARATION PLANT Men’s______- ______1.30 the outsole compound and shall be at Boys’ —— ______l.bO j Correction t, least 0.020 inch thick. Youths’—______^______„ 1.10 (17) Gum top bind. The gum top bind Women’s______, ____ 1. 20 In F. R. Doc. 44-1614, appearing on shall be made of a compound which Misses’______1.10 page 1454 of the issue for Friday, Febru­ meets the minimum requirements of the Children’s______1.00 ary 4, 1944, the first two figures in the outsole compound, shall be placed at the [Table II as amended by Am. 9, effective last column of the table under para­ top of the arctic and shall be at least 2-28-44] graph (b) (5) should he “315” and “340.” 2128 FEDERAL REGISTER, Thursday, February 24, 1944

Part 1340—F uel 151, 78th Cong.; E.O. 9250, 7 F.R. 7871 and have been or may be issued by an agency E.O. 9328, 8 FE. 4681. of the United States government. [RMPR 122,1 Incl. Arndt. 18] § 1340.251 Where this regulation ap­ [Paragraph (c) as amended by Am. 8, 8 F.R. SOLID FUELS SOLD AND DELIVERED BY DEALERS plies. (a) This regulation shall apply to 8754, effective 6-30-43] Sections 1340.254 (b), Rule 4, 1340.255 all sales and deliveries of solid fuel from § 1340.253 Less than maximum prides (a) (3), 1340.266 (a) (4) amended;' or to any point in the forty-eight states, , may be charged. Less than maximum §§ 1340.259 (a) (2), (3) and (4), and the District of Columbia} and the terri­ prices may be .charged, paid, or offered. 1340.266 (a) (8) revoked; § 1340.266 (a) tories of Alaska and Hawaii, unless: (9), (10) and (11) redesignated (a) (8), (1) Made at or from a mine, a prep­ [ § 1340.253 as amended by Am. 11, 8 F.R. (9) and (10) by Amendment 18, effec­ aration plant operated as an adjunct of 11690, effective 8-21-43] tive February 28, 1944, so that Revised any mine, a coke oven or briquette § 1340.254 How maximum prices are Maximum Price Regulation 122 shall plant, or • ^ calculated under this regulation—(a) read as follows: [Subparagraph (1) as amended by Am. 10, How to use the maximum price rules in The Price Administrator has ascer­ 8 F.R. 11143. effective 8-14-43] paragraphs (b) and (c). Rule 1 is in­ tained and given due consideration to the (2) Subject to Maximum Price Regu­ tended to be used generally, but a dealer, prices prevailing on sales of such solid lation No. 1894—Bituminous Coal Sold if he wishes, may instead calculate his ' fuels between October 1 and October 15, for Direct Use as Bunker Fuel. maximum price by optional Rule 1A or 1941 and has made adjustments for such (b) Where the dealer has more than Rule IB. If a dealer cannot calculate relevant factors as he has determined to one business establishment, each estab­ his price by using Rule 1, and does not be of general applicability. So far as lishment shall be considered a separate wish to use Rule 1A or IB, he must use practicable, the Price Administrator has dealer. (Under Supplementary Order Rule 2. If he cannot use Rule 2, he must advised and consulted with representa­ No. 135 (7 F.R. 6523) retail sellers oper­ use Rule 3 or Rule 4, depending on which tive members of the industry which will ating more than one establishment and covers his situation. Supplemental rulej be affected by this revised regulation. having had a uniform pricing practice covering four special situations (dock In the judgmept of the Price Adminis­ as to two or more of them may apply sales for railroad fuel use; sales by bid; trator, the maximum prices established for authorization to determine and use sales of lake cargo coal; dealers granted by this regulation are and will be gener­ uniform maximum prices.) adjustments of maximum prices by order ally fair and equitable and will effectuate (c) If a dealer’s business, assets or under Maximum Price Regulation No. the purposes of the Emergency Price Con­ stock in trade are sold or otherwise trans­ 122)8 are stated in § 1340.255. Rules trol Act of 1942, as amended. ferred subsequent to April 1, 1943, and 5 and. 6 are to be used for calculating A statement of the considerations in­ the transferee continues to operate such the maximum prices for services ren­ volved in the issuance of Revised Maxi­ business, in an establishment separate mum Price Regulation No. 122, issued dered by the dealer in connection with from any other establishment previously his sales of fuels. The meanings of simultaneously herewith, has been filed owned or operated by him, the maximum with the Division of the Federal Regis- terms printed in quotation marks when prices of the transferee shall be tlje same first used in'. this section are given in as tliose to which his transferor was or § 1340.255 which follows this section. Therefore, under the authority vested would have been subject if no such sale in the Price Administrator by the Emer­ or transfer had taken place. The trans­ [Paragraph (a) as amended by Am. 10, 8 FB. gency Price Control Act of 1942, as feree shall have the same obligation as ■ 11143, effective 8-14-43] ameiided, and Executive Order No. 9250, his transferor to keep books and records issued October 2,1942, and in accordance (bY The maximum price rules for sufficient to verify such prices. The fuels. with Revised Procedural Regulation No. transferor shall either preserve and make l,s issued by the Office of Price Adminis­ available, or turn oyer to the transferee Rule 1. The maximum price for any solid tration, Revised Maximum Price Regula­ fuel shall be: all records of transactions prior to the (1) The highest price charged by the dealer tion No. 122 is hereby issued. transfer which are necessary to enable in December 1941 for the same fuel, plus Sec. the transferee to comply with the pro­ (2) Any increase in his supplier’s maxi­ 1340.251. Where this regulation applies. visions of § 1340.262 of this regulation. mum price for the same fuel over the high­ 1340.252 What this regulation prohibits. [Paragraph (c) added by Am. 3, 8 F.R. 4510, est of all ptfices charged the dealer on the 1340.253 Less than maximum prices may be effective 4-12-43] same fuel, supplied to him during the last charged. calendar month of 1941 in which the dealer - 1340.254 ' How maximum prices are calcu­ § 1340.252 What this regulation pro­ took deliveries of such fuel from a supplier. lated under this regulation. hibits. Regardless of any contract or The maximum price of a solid fuel re­ 1340.255 The meanings of certain terms other obligation, no person shall: ceived from a supplier who is the same per­ used in the maximum price rules. (a) Sell, or, in the course of trade or son, as the dealer shall be: The highest price 1340.256 Maximum prices required for cer­ charged by the dealer in December 1941 for tain special sales. business, buy solid fuel at prices higher the same fuel; plus the difference between 1340.257 How the railroad freight rate in­ than the maximum prices fixed by this the highest price charged by the supplier crease is treated. regulation, or during the same month to an independent 1340.258 Adjustable pricing. (b) Obtain a higher than ceiling price dealer and the same supplier’s maximum 1340.259 Petitions for amendment and ap- by: price for sales of the same fuel to the same • plications for adjustment. (1) Changing his customary allow­ independent dealer or Any other of the same 1340.260 Provision for specific ceiling prices. class. 1340.261 Applicability of other regulations. ances, discounts, or other price differen­ If the dealer did not deliver a solid fuel to 1340.262 Records and reports. tials, or a certain class of purchasers during Decern-, 1340.¿63 Posting of maximum prices; sales * (2) Increasing any service charge or _ ber 1941, his maximum price for sales to that > slips and receipts. any interest rate on debts over that class shall be based upon the maximum price 1340.264. Enforcement. charged in December 1941. for sales of the same solid fuel to other classes 1340.264a Licensing. of purchasers, adjusted to reflect his cus­ 1340.265 Federal and state taxes. [Subparagraph (2) as amended by Am. 11, tomary price differentials between or among 1340.266 Definitions. 8 F.R. 11690, effective 8-21-43] the classes of purchasers. 1340.267 Effective date. (3) Using any other'device by which If tbe dealer did not' deliver a certain size Authority: §§ 1340.251 to 1340.267, inclu­ a higher than ceiling price is obtained, of a kind of fuel to any class, of purchasers sive, issued under 56 Stat. 23, 765; Pub. Law during December 1941, his maximum price or for sales of that size shall, be based upon his (c) Use any tying agreement or make maximum price for a like saje of that kind of 38 F.R. 440. < any requirement that anything other 3 Statements of considerations are also is­ fuel adjusted to reflect his customary price sued simultaneously with amendments. than* the fuel requested by the buyer differential between that size and the -size Copies may be obtained from the Office of be purchased by him, except that a dealer ••Price Administration. may pomply with requirements or stand­ 3 8 F.R. 15317, 16520. 3 7 F.R. 8961; 8 F.R. 3313, 3533, 6173, 11806. ards with respect - to deliveries which 8 Revised, 9 F.R. 1521. FEDERAL REGISTER, Thursday, February 24, 1944 2129

of the same kind of fuel most nearly similar First: the.size, kind, quality and possible fuel is delivered under the same terms thereto. use or uses of the solid fuel to be priced; Second: the name of its producer and its and by the same method to a purchaser [Above paragraph added by Am. 10, 8 F.R. origin and, for bituminous coal, its price of the same class as in the sale, to which 11143, effective 8-14-43] classification and group, size group, and mine comparison is made. The maximum price for Pennsylvania index number in the minimum price sched­ (2) “The highest price charged by the anthracite yard screenings shall be the high­ ules of the Bituminous Coal Division, as in dealer” means the highest price he est price charged by the dealer In December effect midnight August 23, 1943. charged for a like sale of fuel delivered 1941 for the same fuel plus $1.00 per net ton. [Above paragraph as amended by Am. 11, 8 during December 1941 and, in the case of [Above paragraph added by Am. 4, 8 F.R. F.R. 11690, effective 8-21-43] a service, means the highest price he 5632, effective 4-28-43 and amended by Am. Third: the per net ton price, f. o. b. sup­ charged for the same service he ren­ 16, 8 F:R. 17184, effective 12-27-43] plier’s shipping point; dered during the same month. Rule 1A. The maximum price of a dealer Fourth: the actual transportation cost to [Subparagraph (2) as amended by Am. 10, the dealer’s yard, dock, or other terminal 8 FJt. 11143, effective 8-14-h43] who chooses to set his maximum price by his facility; highest offering price for delivery during December 15-31,1941, inclusive, shall be such Fifth: a. proposed schedule of prices for (3) “Same fuel” or “same solid fuel” highest offering price for a like sale if, either each class of purchaser involved, stating means one solid fuel shall be deemed to advertised by him after October 1, 1941 in a price variations for different quantities, methods and terms of delivery; be the same as another if the first is the medium of general circulation, such as a same size and kind as the second, is of the newspaper, in his locality, or listed in the last Sixth: his margin over delivered cost on price circular, list or schedule he issued and* sales of solid fuel serving the same purpose; same quality, has the same use, affords made available to the purchasing public in Seventh: any other pertinent information the purchaser equivalent serviceability, 1941. which the regional office may request. and is interchangeable with the second. Rule IB. The maximum prices of _agy The dealer shall reflect in his maximum In the case of bituminous coal, if the two dealer who chooses to. use the maximum price set under this Rule 4 the exact coals compared are in the same or equiv­ prices which he has calculated by using the amount of any increase or decrease in his alent price classification and group and weighted average price formula (§ 1340.261 supplier^ maximum price as established by size group number as set forth in Maxi­ (c)) of Maximum Price Regulation No. 122 any amendment or order issued! by the Of­ mum Price Regulation No. 1208—Bitumi­ and which he has posted as it requires (§ 1340.261 (j)) before the effective date of fice of Price Administration after November nous Coal Delivered from Mine or Prep­ this revised regulation are the maximum 23, 1943, unless, the dealer’s price under this aration Plant, they are the same; this is prices so calculated and posted for a like sale. Rule 4 is changed by the Regional Office to the basic test although it is possible bitu­ Unless calculated by Rule 1A or Rule IB, reflect such increase or decrease. minous coals may be the same- if they do a dealer’s maximum price shall precisely re­ not meet this test. In the case of Penn­ flect any decrease in his supplier’s maximum [Above paragraph added by Am. 15, 8 F.R. price occurring on or after January 9, 1943. 16427, effective 12-4-43; and amended by sylvania anthracite, size need not be a Am. 18, effective 2-28-44] consideration if the maximum prices [Above paragraph added by Am. 7, 8 F.R. 8179, effective 6-19-43] (c) The maximum price .rules for f, o. b. the mine are the same for both services. coals. Furthermore^ if the maximum Rule 2. The maximum price shall be the maximum price of the most closely com­ Rule 5. The maximum price for any service price of any size of any producer's an-. petitive dealer of the same class for a like rendered by a dealer in connection with a thracite is higher than any other pro­ sale and shall, of courserprecisely reflect any sale or handling of solid fuel shall be the ducer’s maximum price for the same size, increase or decrease in such competitor’s highest price charged by the dealer during maximum price. December 1941 for the same service. If, dur­ the first producer’s' size of anthracite ing December 1941, the dealer rendered any shall not be deemed by the dealer, in [Rule 2 as amended by Am. 7.f service without charge, he shall rofitinue to calculating his maximum price, to be the Rule 3. The maximum price shall be the do so.- Although a dealer may have, during same fuel as the other producer's. sum of: First, the per net ton cost to the December 1941, rendered other services than dealer, f. o. b. supplier’s shipping pointj- those here enumerated, dealers customarily [Subparagraph (3) amended by Am. 2, 8 F.R. Second, the actual transportation cost to render these services subject to this regula­ 3524, effective 3-19-43;'and Am. 18, effective the dealer’s yard, dock or other terminal tion: carry, wheel, trimming and storing in 2-28-44] facility; and Third, the margin over de­ the bin, bagging, shovel and dust treatment livered cost on the dealer’s similar sale of of coal. (4) “A supplier” means any person solid fuel most nearly like the sale of Rule 6. If a dealer did not render a service who in 1941 or 1942 sold the dealer solid solid fuel for Which a maximum price is during December 1941, his maximum price fuels for resale. Any person who sells to calculated under this Rule 3, taking into for such a service shall be the price set by the dealer after 1942 is also a supplier if account similarity, in size, kind, quality, use the regional office of the Office of Price Ad­ he performs the same functions in the and quantity of fuel, class of purchasers, ministration. The dealer shall apply to the regional office stating in writing: selling of the same solid fuels at the method of delivery (e. g., by truck, rail, etc.) same level of distribution and sells to and terms of delivery (e. g., delivered price, First: a description of the services to be f. o. b. dealer’s yard, etc.). But a dealer rendered; dealers of the same class as did the sup­ eligible for compensatory adjustment under Second: the classes of purchasers to whom pliers who sold to the dealer in 1941 or Compensatory Adjustment Regulation No. 17 it will be rendered; 1942. shall, in place of the item marked Second Third: a proposed price for the service (5) “A supplier’s maximum price” in this Rule 3, substitute the lowest trans­ which shall be shown to the satisfaction of means the maximum price of an inde­ portation cost he Would have incurred dur­ the Regional Administrator to be reasonably pendent or affiliated supplier for deliver­ ing December 1941 in bringing the fuel to his computed in relation- to charges for similar ies to the dealer (before deducting any. terminal facility. services by other dealers in the locality and to be reasonable in relation to the actual allowance or discount or adding any spe­ [Rule 3 as amended by Am. 10, 8 F.R. £1143, costs the dealer will incur in rendering the cial service charge), f. a. b. supplier’s effective 8-14-43] service. shipping point. Maximum prices of Rule 4. If Rule 3 cannot be applied because Fourth: any other pertinent Information suppliers are established by one or more the dealer made no similar sale, his maxi­ the regional office may request. of -these regulations: Maximum Price mum price shall be the price set by the [Paragraph (c) added by Am. 10, 8 F.R. 11143, Regulation No. 112—Pennsylvania An­ regional office of the Office of Price Admin­ effective 8-14-43] thracite,* Regulation No. 120—Bitumi- istration in line with the level of maximtlm .nous Coal Delivered front Mine or Prepa­ prices set by this regulation. The dealer § 1340.255 The meanings of certain shall apply to the regional office, stating in terms used in the maximum price rules. ration Plant; Régulation No. 121—Mis- writing: (a) The following quoted words, When used in this regulation, have the mean­ 8 8 F JR. 14560, 15256, 15455, 15456, 16280, 17184, 16419, 16738, 16998; 9 F.R. 396, 573, 693, 8 7 F.R. 3239, 3666, 3856, 3940, 3941, 5024, ings given below: 794, 973, 1181, 1395, 1454. 5567, 5835, 7809, 8949, 8948, 9426, 9783, 10529. Cl) “A like sale” means one sale of * 8 F.R. 3367, 8065, 15706, 16037; 9 F JR. 7Revised: 8 F.R. 13980, 15705. solid fuel is like another if the same solid 573, 1324. No. 39----- 3 2130 FEDERAL REGISTER, Thursday, February 24, 1944 cellaneous Solid Fuels Delivered from mum price of solid fuel received via mission. Dealers in solid fuel received Mine or Preparation P lant;10 and this water transportation facilities at, and in whole or in part by rail shall treat regulation. sold from, a dock on the United States the amount thereof as follows: (6) “The highest of all prices charged bank of Lake Superior or on that part (a) It shall not be added to maximum the dealer on the same fuel supplied to - of the west bank of Lake Michigan north prices computed under § 1340.254 (b). him” means the highest of all prices of and including Waukegan, Illinois shall (b) It shall be. deducted from maxi­ charged the dealer before the deduction be a price for like sales calculated by mum prices computed under Rule 2 or of any discount or allowance or the addi­ Rule 1A of § 1340.254, plus: . Rule 3 of § 1340.254 (b) or under tion of any special service charge. (1) in the case of bituminous coal pre­ § 1340.256 (d) (2). (7) “The margin over delivered cost” pared at the dock as double-screened or [§ 1340.257 as amended by Am. 5, 8 F.R. 6543, means the difference between (i) the lump sizes, the amount per net ion speci­ effective 6-1-43] . fied for the solid fuels following: maximum price of the solid fuel under § 1340.258 Adjustable pricing. Any this Regulation, and (ii) the sum of (a) From mines in Districts Nos. 1, 2, 4, its most recent cost per ton to the dealer, or 6______$0. 55 person may agree to sell at a price which f. o. b. supplier’s shipping point, and (b) From mines in District No. 3 (except can be increased up to the maximum the actual transportation cost to the medium volatile in Plaice Classifica­ price in effect at the time of delivery; tion A)------■ 55 but no person may, unless authorized by dealer’s yard, dock, or other terminal From mines in District No. 3 and in the Office of Price Administration, de­ facility. Price Classification A: m e d iu m liver or agree to deliver at prices to be (8) “Dealer of same class” means (i) . volatile^------80 adjusted upward in accordance with ac­ a dealer performing the same function From mines in Districts Nos. 7 or 8: (trucking from a mine, yard or dock, a low volatile______— 1-10 tion taken by the Office of Price Admin­ yard or dock operator), (ii) dealing in From mines in Districts Nos. 7 or 8: istration after delivery. Such authori­ medium or high volatile------. 80 zation may be given when a request for the same solid fuels, and (iii) selling to a change in the. applicable maximum purchasers of-the same class. The maximum price for each size and price is pending, but only if the authori­ (9) “Most closely competitive dealer kind of dock-run bituminous coal shall zation is necessary to promote distribu­ of the same "class” shall be a dealer of be 50 cents per net ton lower than the tion or production and if it will not in­ the same class who (i) is selling the same maximum price for the same size and terfere with the purposes of the Emer­ solid fuel, (ii) is closely competitive in kind of coal when rescreened at the dock. gency Price Control Act of 1942, as the sale of solid fuel,.and (iii) is lpcated (2) in the case of bituminous coal in amended. The authorization may be nearest to the dealer. all other sizes, the amount per net ton given by the Administrator or by any of­ (10) “Purchaser of the same dass” re­ specified .for the solid fuels following:: fers to the practice adopted by the dealer ficial of the Office of Price Administra­ From mines in Districts No. 7 or 8: low tion to whom the authority to grant such in setting different prices for sales to volatile screenings and run-of-mine. $0. 50 authorization has been delegated. The different purchasers or kinds of pur­ From mines in Districts Nos. 1, 2, 3, 4, authorization will be given by order, ex­ chasers or for purchasers located in dif­ 6, 7, or 8: high volatile screenings ferent areas or for different quantities or and run-of-mine______— .40 cept that it may be given by-letter or under different conditions of sale, includ­ From mines in Districts Nos. 1, 2, 3, 4, telegram when the contemplated revi­ ing methods and terms of delivery. . or 6: high volatile stoker size------..40 sion will be the granting of an individual (b) Other definitions. Meanings ofFrom the mines in Districts Nos. 7 or 8: application for adjustment. ' following words and phrases are given in high volatile stoker size—______. 70 [ § 1340.258 as amended by Am. 6, 8 FR. 7198, From mines in Districts Nos. 7 or 8: effective 6-2-43 ] § 1340.265: “person”, “producer”, “dis­ low volatile stoker size------. 50 tributor”, “solid fuel”, “f. o. b.’\ “sell”, § 1340.259 Petitions for amendment “dealer”, “affiliated supplier”, “Bitumi­ (3) in the case of Pennsylvania an­ and applications for adjustment, (a) nous Coal Division.” thracite, the amount specified for the The Office of Price Administration, or § 1340.256 Maximum prices required ysizes following; any duly: authorized representative for certain special sales.. The dealer’s Size: thereof, may adjust any maximum, price Egg, stove and nut,.------.------$0. 55 established under this regulation in the maximum price for the sales covered by Pea______—------50 this section shall be a price calculated Buckwheat and rice------.45 following cases: . v- as required in the paragraphs following: Barley ______• 35 (1) Local shortages. In the case of (a) Maximum dock prices for railroad Sizes smaller than barley------. 30 any dealer or .group of dealers when it fuel. (1) If solid fuel is sold for railroad (Alt other lake cargo coal is priced under appears: ' fuel use at or from a dock on the west § 1340.254.) (1) That there exists or threatens to bank of Lake Michigan or the United [Paragraph (c) amended by Am. 2, 8 F.R. exist in a particular locality a shortage States side, of Lake Superior, its maxi­ 3524, effective 3-19-43 and Am. 4, 8 F.R. in the supply of a solid fuel which aids mum prices shall be the sum of (i) the 5632, effective 4-28-43] directly in the war program or is essen­ purchase price per ton:, f. o. b. the mine tial to a standard of living' consistent for sales to the dealer, (ii) the dealer’s (d) Dealers previously granted adjust­ with the prosecution of the war; and actual transportation cost to the same ments of maximum prices. The maxi­ (ii) That such local shortage will be dock, and (iii) fifty-five (55) cents per mum price of a dealer granted an ad­ substantially reduced or eliminated by net ton. justment of his maximum prices by order adjusting the maximum prices of such of adjustment issued under Maximum [Subparagraph (1) as amended by Am. 2, 8 dealer and of like dealers for such solid P.R. 3524, effective 3-19-43] Price Regulation No. 122 shall be the fuel; and higher of the following prices: (iii) That such adjustment will not (b) Maximum prices for sales by com­ (1) The maximum price for a like sale create or tend to create a shortage, or a petitive bidding. If solid fuel is sold un­ established by this regulation, or need for increase in prices, in another der contract awarded the dealer in public (2) The dealer’s maximum price for a locality, and will effectuate the purposes competitive bidding, the maximum price like sale as adjusted by order plus the of the Emergency Price Control Act of shall be the dealer’s maximum price cal­ difference between (i) the current de­ 1942, as amended. culated by the rules in § 1340.254 for like livered cost to him of the same fuel and # Each Regional Administrator is au­ sales to business purchasers. (if) the cost of the last delivery of such fuel to him prior to the effective date of thorized to make adjustments or act (c) Certain lake cargo coal. Notwith­ upon applications for adjustment under standing the provisions of Rule 1 of the order of adjustment of his maximum price. this subparagraph (1) . § 1340.254 of this regulation, the maxi- (2) [Revoked] § 1340.257 How the railroad freight 10 7 F.R. 3237, 3989, 4483, 5941, 6002, 6386, rate increase is treated. The Ex Parte (3) [Revoked] 8587, 8521, 8938, 10529; 8 F.R. 1895, 2756, 4179, (4) [Revoked] * 5756, 6261, 6951, 6957, 7599, 8065, 9992, 10358, 148 freight rate increase, effective March ' 10432, 10936, 12314, 12791, 15706, 16662; 9 FR. 18, 1942, was rescinded as of May 15, [Subparagraphs (2), (3)^ and (4) revoked by 287, 455, 573. 1943 by the Interstate Commerce Com­ Am. 18, effective 2-28-44] FEDERAL REGISTER, Thursday, February 24, 1944 2131 (5) [Revoked] § 1340.262 Records and reports—(a) is established by this Regulation shall [Subparagraph (6) revoked by Am. 2, 8 F.R. Base period records. Each dealer in keep and make available for examina­ 3524, effective 3-19-43] solid fuels shall preserve for examination tion by the Office of Price Administration Applications for adjustment shall be by the Office of Price Administration all records of his Sales and purchases of the filed in accordance with Revised Pro­ his existing records relating to: same type as he has customarily" kept. (1) -The prices he charged on deliv­ (c) Reports. Each dealer in solid cedural Regulation No. 1. eries made by him during December (b) Any person seeking an amend­ 1941; fuels shall report to his District Office ment of any provision of this Revised of the Office of Price Administration his Maximum Price Regulation No. 122 may (2) His offering prices {as defined in maximum prices for sales of solid fuel file a petition for amendment in accord­ Rule 1A of § 1340.254 of this regulation) within ten days after he determines or ance with the provisions of Revised Pro­ for delivery during the period December redetermines his maximum prices under cedural Regulation No. 1. 15-31, 1941; any pricing rule of this revised regula­ (3) His customary allowances, dis­ tion. It will not, however, be necessary i 1340.260 Provision for specific ceil­ counts and other price differentials; for a dealer whose "price for a solid fuel ing prices. ' The Office of Price Admin­ (4; His charges for all special services is established by an area ceiling order istration, or any regional office thereof and rates of interest on all forms of after clearance with the Solid Fuels debts during December 1941; issued under § 1340.260 of this regulatioh Branch in Washington, D. C., may by (5) The prices charged to him by all to file his maximum price for that solid order establish specific maximum prices of his suppliers during the last month fuel. When any dealer reports maximum in line with those established by this of 1941 in which he received each differ­ prices determined under Rule 1 of regulation for deliveries of solid fuels ent size, kind and quality of solid fuel. § 1340.254 of this regulation, he shall made, or for services rendered in con­ (b) Current records. Every dealer in report by filling out the following form nection therewith, or both, by a dealer solid fuels for whom a maximum price in detail: or group of dealers in an area or locality. In connection with such prices, appro­ priate reporting, record keeping or other OPA Form 653-40 Budget Bureau No. 08-R610 requirements may be made of the dealer '(Rev. 11-43) Approval Expires July 1,1944 or dealers involved. ' U nited States of A merica C ompany’s N ame [Above paragraph as amended by Am. 8,8 F.R. Office of P rice A dministration 8754, effective 6-30-43] Solid F uels P rice B ranch Company’s address determination of maximum prices However, in particular cases, the spe­ No. and street City State cific maximum prices established under ■ (If after November .19,1943, maximum priees are rede termined under Rule 1 of Section 1340.254 of Revised this section may be such as to restore Maximum Price Regulation No. 122, this form must be the December 1941 margins over de-. filed with.the District OPA office.) livered cost generally prevailing in the area or locality. * - - Date of this report If, after such specific maximum prices are established by order, the maximum prices of the dealers’ suppliers are in­ creased or decreased by the Price Ad­ INSTRUCTIONS ministrator, the Office of Price Adminis­ Column 1. Define by type of customer and method of Column s. Enter for each kind oi solid fuel the highest tration or the regional office which is­ sale;i. e.,.“domestic.delivered to bin,” “domestic ‘yard’,’’ purchase cost during December 1941 before discounts “industrial delivered,” “reseller,” etc. If yard sales to allowances, or service charges. sued the order may, after clearance with dealers carry a uniform discount, so Indicate on reverse If no such solid fuel was purchased in December 1941 the Solid Fuels Branch in Washington, side of this sheet under “Additional Information.” use the next preceding month in which the solid fuel was Column S. State whether solid fuel is anthracite, low purchased, D. G., adjust the specific maximum prices volatile or high volatile bituminous coal, coke, at other. Columns 6, 7, 8. Enter, for each price, the price before so established to correspond generally (Specify L. V. or H. V.) discounts, allowances or service charges. with such increase or decrease. [Above paragraph added by Am. 9, 8 FJB. Highest . Suppli­ New Produc­ er's cur­ Highest maxi­ 10358, effective 7-28-43] Type of sale purchase Dec. 1941 Kind of sblid fuel Size ing dis­ cost Dec. rent max­ mum Line trict imum selling selling [§ 1340.260 amended by Am. 1, 8 F.R. 1200, ef- No. 1941 price fectivel-25-43 and as otherwise noted] price price

§ 1340.261 Applicability of other regu­ 1 2 8 4 5 6 7 • 8 lations. (a) No provision of the General Maximum Price Regulation11 shall apply 1 to this -regulation. 2 ' ” 1. • [Paragraph (aj as amended by Supple­ 3 mentary Order No. 72, 8 F.R. 13244, effective 10-1-43] ? 4 * ^ • (b) The minimum price established by 6 the Bituminous Coal Division and in ef­ 6 fect midnight August 23, 1943 and ap­ plicable to members of its Bituminous * Coal Code shall be the maximum price 8 for sales of solid fuels by such members if such minimum is greater than the . 9 . maximum price otherwise established by 10 this regulation: Provided, That no sale 11 of solid fuel shall be made after Decem­ ber 31, 1943, at more than the maximum 12 price established by this regulation, 13 [Paragraph (b) amended by Am. 11, 8 FR. 14 11690, effective 8-21-43 apd Am. 13, 8 FR. 15317, effective 11-10-43] 15

119 F.R. 1385. If more space is necessary attach additional sheets using the above column headings. 2132 FEDERAL REGISTER, Thursday, February 24, 1944

' -• / - . >DISCOUNTS AND CHARGES.t ' * ✓" < ’ • || : § 1340.265 Federal and state taxes. Instructions: Enter in the appropriate spaces below the charges and discounts made in Dec. 1041 if any were Any tax upon, or incident to, the sale, de­ made. Indicate by reference to line number to which of the sales described on the other side of this form these livery, transportation, process, or use of discounts and diarges apply. If “all,” so indicate. (If these have been modified since the base period by OPA solid fuel imposed by any statute of the order, give the OPA order in the space labelled “additional information.”) United States or statute or ordinance of any state or subdivision thereof, shall be A. In some areas the standard unit of sales is treater than one ton treated as follows in determining the 1. To sales of what quantities do the prices listed on 2. Specify extra charges for sales of a quantity less the other side of the report apply? than the standard unit, specifying quantity. dealer’s maximum price for solid fuel and in preparing his records with respect thereto: Line No. Quantity Line No. “Quantity Line No. Line No. Extra charge (page .1) sold (page 1) sold (pagel) Extra charge (page 1) (a) As to a tax in effect during Decem­ ber 1941: (1) If the dealer paid such tax, or if the tax was paid by any of his prior suppliers, i irrespective of whether the amount thereof was separately stated and col­ lected from the dealer, but the dealer did not customarily state and collect sepa­ B. Discounts per ton for sales in larger quantities than the rately from the purchase price during standard unit C. Charges for special services December 1941 the amount of the tax paid by him or tax reimbursement col­ Discount per ion ^ Charges per ton lected from him by his supplier, the dealer may not collect such amount in Line No. • Services (page 1) 5 tons 5 tons addition to his maximum price, and in 1 ton 2 tons 3 tons 4 tons or over 1 ton 2 tons 3 tons 4 tons or over such case shah include such amount in determining the maximum price under this revised regulation. (2) In all other cases if, at the time the Other (spec­ dealer determines his maximum price, . ify)...... : Other (spec­ the statute or ordinance imposing such ify).-— .. tax does not prohibit the dealer from % stating and collecting the tax separately from the purchase price, and the dealer _ D. Cash discounts allowed 1. C. O. D. Sales.,.— — does state it separately, he may collect, in addition to the maximum price, the 2. Payments within— Cash discount amount of the tax actually paid by him or an amount equal to the amount of the tax paid by any- of his prior suppliers and separately stated and collected from the dealer by the supplier from whom he pur­ chased, and the dealer shall not include E. Miscellaneous charges such amount in determining the maxi­ 1. Dust proofing...... mum price under this regulation. 2. Extra long haul...... —V...... (b) As to a tax or increase in a tax 3. Other (specify)______— ______which becomes effective after December. A dditional Information 1941, if the statute or ordinance impos­ I CERTIFY that the information on this form is ing such tax or increase does not prohibit correct to the best of my knowledge and belief. the dealer from stating or collecting the (Signature of company official) tax separately from his selling price and [Paragraph (c) as amended by Am. 14, 8 F.R. 16063, effective 11-19-43] the dealer does separately state, the dealer'"may collect, in addition to his § 1340.263 Posting of maximum the Emergency Price Control Act of 1942, maximum price, the amount of the tax prices; sales slips and receipts, (a) as amended. or increase actually paid by him or an Every dealer of solid fuels shall post all (b) Persons who have any evidence of amount equal to the amount of tax paid his maximum prices in dollars and cents any Eolation of this regulation or any by any of his prior suppliers and sep­ per net or gross ton or fraction thereof, price schedule, regulation or order issued (or other unit of weight or measurement by the Office of Price Administration are arately stated and collected from the customarily used by him in his busi­ urged to communicate with the nearest dealer by the supplier from whom he ness) in a manner plainly visible to and regional office of the Office of Price Ad­ purchased. However, the dealer need understandable by the purchasing public ministration or its principal office in not state separately from his selling price for all cash and other sales under all Washington, D. C. the amount of the transportation tax methods and terms of delivery to all imposed by section 620 of the Revenue classes of purchasers of the purchasing § 1340.264a Licensing. The provi­ Act qf; 1942 on a sale to the United States public. sions of Licensing Order No. 1,“ licensing or any agency thereof, the District of (b) Every dealer who during December all persons who make sales under price Columbia, any state government or any 1941 customarily gave purchasers sales control, are applicable to all sellers sub­ political subdivision thereof. slips or receipts shall continue to do so. ject to this regulation or schedule. A If a purchaser requests of a seller a [Paragraph (b) amended by Am. 12, 8 F.R. seller’s license may be suspended for vio­ 12659, effective 9-20-43 and Am. 17, 9 F.R. receipt showing the name and address lations of the license or of one or more 573, effective 1-18-44] of the dealer, the kind, size and quality of the solid fuel sold to him or the price applicable price schedules or regulations. I 1340.266 Definitions, (a) When -charged, the dealer shall comply with the A person, whose license is suspended may used in this Maximum Prige Regulation purchaser’s request as made by him. not, during the period of suspension, make any sale for which his license has No. 122, the term: § 1340.264 Enforcement, (a) Persons been suspended. (1) “Person” includes an individual, corporation, partnership, association, or violating any provision of this revised [ § 1340.264a added by Supplementary Order regulation are subject to the criminal No. 72, 8 F.R, 13244, effective 10-1-43] any other organized group of persons, or penalties, civil enforcement" actions, legal successor or representative of any suits for treble damages provided for by* " “ 8 F.R. 13240. of the foregoing, and includes the United FEDERAL REGISTER, Thursdayi February 24, 1944 2133

States or any agency thereof, or any August 23, 1943. “District Nos, 1-20 in­ P art 1341—Canned and P reserved F oods other government, or any of- its political clusive, 22 and 23,” mean the geographi­ subdivisions, or any agency of any of the cal bituminous coal producing districts [MPR 509 ] foregoing. as defined in the Bituminous Coal Act PACKED CITRUS PRODUCTS OP THE 1944 AND (2) “Producer” means (i) a person en­of 1937, as amended, and as they were LATER PACKS gaged in the business of mining solid fuel modified pp to midnight August 23,1943. Correction or preparing solid fuel at a mine or [Former subparagraph (8) revoked by Am. 18, preparation, plant operated as an adjunct effective 2-28-44; present subparagraph In F.R. Doc\44-1729, appearing on page of any mine, a coke oven or briquette (8) , formerly (9), as amended by Am. 11, 1512 of the issue for’ Tuesday, February plants and (ii) any person acting as an 8 F.R. 11690, effective 8-21-43J 8, 1944, the entries of columns 1 and 2 ageiit of a producer in the sale of solid (9) “Weighted average price” is that .of item 2 in the table , under section 2.1 fuel. price obtained by dividing the total should appear opposite “Natural (un­ “(3) “Distributor” means (i) in the case sweetened)” in column 3. of bituminous coal, a person who pur­ amount charged for a size, kind and chases bituminous coal at a mine or quality of solid fuel by the total" tonnage preparation plant operated as an adjunct of the same fuel received or delivered, of any mine for resale, and resells the as the case may be, during the applicable Part 1364—F resh, Cured and Canned same in not less than cargo or railroad period specified by this regulation. Meat andOFish P roducts carload lots, all as more fully defined in (10) “District No.” refers to the pro­ [MPR 418,1 Arndt. 24] the Bituminous Coat Act of 1&37, as ducing districts delineated anji numbered amended, and rules and regulations is­ by the Bituminous Coal Act of 1937, as FRESH FISH AND SEAFOOD sued thereunder and in effect midnight amended. A statement of the considerations in­ August 23, 1943, and any person acting [Subparagraphs (9) and (10), formerly (10) volved in the issuance of this amendment as an agent of such distributor in the and (11), added by Am. 2^8 F.R. 3524, has been issued simultaneously herewith sale of bituminous coal; and (ii) in the effective 3-19-43] and filed with the Division of the Federal case of any other solid fuel, a person who § 1340.267 'Effective date. This Re­ Register.* purchases it at or for delivery from a Maximum Price Regulation No. 418 is vised Maximum Price Regulation No. 122 amended in the following respects: mine or a preparation plant operated as (§§ 1340.251 to 1340.267, inclusive) shall an adjunct of any mine, a coke oven or 1. In section 20, Table A is amended briquette plant, for resale and resells become effective January 9, 1943. [Is­ by changing the prices per pound bulk the same in not less than cargo or rail­ sued January 9, 19431 ex-vessel for Schedule No. 27, Item Nos. road carload lots, without physically [Effective dates of amendments arfe shown 1, 2, 4 and 5, for the months of January, handling such solid fuel, and any per­ in notes following the parts affected] February and March, Schedule No. 34A, son acting as an agent of such distributor N o t e : All reporting and record-keeping re­ Item No. 1, for the months of January, in the sale of solid fuel. quirements of this regulation have been ap­ February, March and April, and Sched­ [Subparagraph (3) as amended by Am. ll, proved by the Bureau of the Budget in ac­ ule No. 35, Item No. 1, for the months of 8 F.R. 11690, effective 8-21-43] cordance with the Federal Reports Act of 1942. January and February, and by inserting prices per pound bulk .ex-vessel for (4) “Solid fuel” (or “solid fuels”) Issued this 22d day of February 1944. means all solid fuel except wood and Schedule No. 33, Item No. 1, and Sched­ wood products, including all kinds of Chester B owles, ule No. 34, Item No. 1, for the months anthracite and semi-anthracite; bitu­ Administrator. of January, February, March and April, minous and semi-bituminous, sub-bitu­ [F. R. Doc. 44-2590; Filed, February 22, 1944; and Schedule No. 35, Item No. lTlor the minous and cannel coal; lignite; all coke, 4:49 p. m.] month of March, all to read as follows: including low temperature coke (except coke sold subject to Maximum Price T able A—M aximum P rices for P roducers of F resh F ish and S eafood Regulation No. 29—By-Product and Re- tort Gas Coke, and to Maximum Price ‘trice per pound Regulation No. 77-—Beehive Oven Coke); Janu­ Feb­ briquettes made from coke or coal; and Schedule Item Style oi ary ruary March April sea coal used for foundry facings. - No. Name No. dressing Size [Subparagraph (4) as amended by Am. 18, Bulk Bulk Bulk Bulk effective 2-28-44] ex- ex- ex­ ex- vessel vesse. vessel vessel (5) “F. o. b.” means free on board whatever facilities may be used for trans­ 27...... Salmon, Chinook or King (Pacific portation at the shipping point indicated Coast) troll caught (Oncor- hynchus tschawytscha): ■ 26 by the words following f. o. b. where it Red Meated.... ______■______1 $0.24 $0.24 $0.24 appears in this regulation. Red Meated______1___^____ 2 . 22 .22 .22 Red Meated______...... 4 .20 .26 .20 (6) “Sell” includes sell, supply, dispose, Red Meated..-______6 .18)4 .18)4 .18)4 barter, exchange, lease,-transfer, and 3 3 ...... Salmon. Chinook or King (Pacific 1 .20 .20 .20 $0.17 Qoast) (Oncorhynchus' tscha­ deliver, and‘contracts and offers to do wytscha) .7 any of the foregoing." The terms “sale,” 34...... Salmon, Chinook or King (Pacific 1 .20 .20 .20' . 15 Coast) (Oncorhynchus tscha­ “selling,” “sold,” “seller,” “buy,” “pur­ wytscha).8 chase,” and “purchaser,” shall be con­ 34A...„.. Salmon, Chinook or King seine I .20 .20 .20 .13 strued accordingly. caught, (Pacific .Coast) (Oncor- hynchus tschawytscha).8 (7) “Dealer” means a person selling 3 5 ...... Salmon, Steelhead (Pacific Coast) 1 Round___ ■ All sizes...____ .12 .12 .12 solid fuels subject to this revised regula­ (Salmo gairdnerii). ti o n or a person who sold solid fuels sub­ ject to Maximum Price Regulation No. 122—Solid Fuels Delivered From FacilU. 2. In section 20, Table B is amended by changing the price per pound for Schedule ties Other Than Producing Facilities— No. 27, Item Nos. 1, 2, 4, 5,7, 9 and 10, and Schedule No. 35, Item Nos. 1 and ‘2, for the Dealers. months of January, February, and March, and by inserting prices per, pound for (8) “Bituminous Coal Division” means Schedule Nos. 33, 34, and 34A, Item Nos. 1, 2, 3, and 4, for the months of January, - the Bituminous * Coal Division of the February, March and April, and Schedule No. 35, Item Nos. 3 and 4 for the months United States Department of the In­ of January, February, Marcn, April-and May, all to read as follows: . terior, as established pursuant to the Bituminous Coal Act of 1937 as amended, ♦Copies may be obtained from the Office of Price Administration. and the President’s Second Reorganiza­ 18 F.R. 9366, 10086, 10513, 10939, 11734. 11687, 12468, 12233, 12688, 13297, 13182, 13302, 14049, tion Plan of 1939, and in effect midnight 14475, 14616, 15257, 15430, 16131, 16293, 16296; 9 F.R. 90. 2134 T able B —M aximum P rices fob, prim ar y F ish Shipper Sales of F resh F ish and Seafood T able D —M aximum P rices for Cash and Carry Sales of F resh F ish and Seafood

Price per pound Price per pound Sched­ Sched­ Item Style Of Item Style of ule Name Size ule Name No. dressing Size No. No. dressing Janu­ Feb­ No. Janu­ Feb­ March April May ary ruary March April May ary ruary

27— Salmon, Chinook or King 27—__ Salmon, Chinook or (King (Pacific Coast) troll (Pacific Coast) troll caught (Oncorhynchus caught (Oncorhynchus tschawytscha):17 tschawytscha): 1 Drawn___ $0.27 $0.27 $0.27 1 Drawfa___ 14# & over...... $0.30 $0.30 0.30 2 Drawn— . Under 14#_____ .25 .25 .25 2 Drawn___ Under 14#—..'... .28 .28 .28 4 Dressed... . 124# & over___ .30 .30, .30 4 Dressed— 124# & over___ .33 .33 .33 Red Meated______5 Dressed__ Under 124#___ '.274 •274 .274 5 Dressed__ Under 124#...... 304 .304 .304 ■ 7 Steaks .34 .34 .34 7 Steaks___ All sizes______.374 .374 • 374 9 Round___ 16# & over_____ .224 .224 • 224 9 Round___ 16# & over...... 254 .254 .254 10 Round___ Under 16#— __ .234 .234 • 234 Red Meated...... 10 Round___ Under 16#...—.. .204 . 20% .204 Red Meated______- REGISTER, FEDERAL 33, 34, Salmon, Chinook or King 1 R ound.... All sizes______.224 • 2 2 4 • 224 .174 33, 34, Salmon, Chinook or King 1 Round___ All sizes...____ .254 ,254 .25 y 0.20 34A (Pacific Coast) (Oncor- 2 Dressed... All sizes___ .30 .30 .30 .22 4 34 A. (Pacific Coast) / (Oncor-, 2 Dressed, .i All sizes______.33 .33 .33 .254 hynchus tschawytscha) .*7 3 Drawn___ All sizes______.27 .27 .27 .204 hynchus tschawytscha). 3 Drawn___ All sizes______.30 .30 .30 .234 4 Steaks___ All sizes______.34 .34 .34 . 264 4 Steaks___ All sizes______.374 .374 .374 35------Salmon, Steelhead (Pacific 1 Round___ All sizes______.144 • 144 • 144 35-___ : Salmon, Steelhead (Pacific 1 Round___ All sizes..___... .17 . 174 .17 Coast) (Salmo gairdnerii). 2 , Dressed... All sizes______.214 .214 .214 Coast) (Salmo gairdnerii)*7 2 Dressed... All sizes...... 184 .184 • 184 $ 3 Drawn___ All sizes—_____ .164 .164 *164 .07 $0.07 , 3 Drawn__ All sizes______.194 194 .194 .09 0.09 4 Steaks.... All sizes..___... .214 .214 .214 .104 .104 4 S teaks.... All sizes___1___ .244 .244 .244 .13 .13

3. In section 20, Table C is amended by changing the prices per pound for Schedule 5. In section 20, Table E is amended by changing the prices per pound for No. 27, Iteija Nos. 1, 2, 4, 5, 7, 9 and 10, and'Schedule No. 35, Item Nos. 1 and"2, for Schedule No. 27, Items Nos. 1, 2, 4, 5, 7, 9 and 10, and Schedule No. 35, Item Nos. 1 the months of January, February and March, and by inserting prices per pound for and 2, for the months of January, February and March, and by inserting prices Schedule Nos, 33, 34'and 34A, Item Nos. 1, 2, 3 and 4, for the months of January, per pound for Schedule Nos. 33, 34 and 34A, Item Nos. 1, 2, 3 and 4, for the months February,iMarch and April, and Schedule No. 35, Item Nos. 3 and 4 for the months of January, Februaryy March and April, and Schedule No. 35, Item Nos. 3 and 4, for of January, February, March, April and May, all to read as follows: the months of January, February, March, April and May, all to read as follows;

T able C—M aximum P rices for R etailer-Ow ned Cooperative Sales and Sales b y W holesalers Other T able E —M aximum P rices for S ervice a n d D elivery Sales of F resh F ish a n d Seafood ,

T h an P rimary F ish Shipper W holesalers to Other W holesalers of F resh F ish and Seafood Thursday Price per pound Price per pound Sched­ Item Style of Size Sched­ Item Style of ule Name No. dressing ule ■ Name Size No. Janu­ Feb­ March April May No. No. dressing Janu­ Feb­ ary ruary ary ruary March April M ay. ,

Salmon, Chinook or King 1944 24, February 27____ Salmon, Chinook or King (Pacific Coast) troll (Pacific Coast) troll caught (Oncorhynchus caught (Oncorhynchus tschawytscha); tschawytscha): Red Meated.______... Drawn.. 14# and over— . $0.324 .324 .324 1 14# & over_____ .29 $0. 29 $0 . 29 Red Meated....^______.... Drawn.'. Under 14#.. i..~ .304 .304 .304 2 Under 14#_____ .27 27 27 Red Meated....______Dressed. 124# and over... .354 .354 . 35Vi 4 124# & over___ .32 32 32 Red Meated___ . ______Dressed. Under 124#------.334 • 334 :334 5 Under 124#—— • 294 .294 294 Red Meated___— i ____... Steaks.. All sizes______.40 .40 .40 B 7 All sizes______■ 364 .364 364 Red Meated...___..... __ Round.. 16# and over___ .28 .28 .28 9 Round.—. 16# & over___ _ • 244 • 244 244 *■ Red meated______.... Round.. Under 16#...... 264 • 264 .264 10 Round___ Under 16#_____ .22«| .224 22*4 33, 34, Salmon» Chinook or King Round. . All sizes______.28 .28 .281 $0.224 33, 34, Salmon, Chinook or King 1 All sizes______.24 4 . 244 24Ji 0.19 34A. (Pacific Coast) (Oneorhyn- Dressed. ‘All sizes...____ .354 .354 .354 • 2 8 4 34A (Pacific Coast) ' (Oncor- 2 Dressed__ All Sizes...... „ .32 .32 32 .244 chus tschawytscha). D raw n- All sizes..___ _ .324 .324 .324 .26 hynohus tschawytscha). 3 Drawn___ Ali sizes______.29 .29 29 ,224 Steaks.. All sizes...... — .40 .40 .40 .32 4 ' Steaks___ All sizes.._____ .364 • 364 364 .284 Salmon, Steelhead (Pacific Round... All sizes....___ . 194 .194 .194 35- „ Salmon, Steelhead (Pacific 1 All sizes______.16 .16 16 Coast) (Salmo gairdnerii). Dressed. All sizes..."...... 234 .234 .234 Coast) (Salmo gairdnerii). 2 Dressed..•- All sizes______.204 .204 204 Drawn.. All sizes__ r—'-p • 214 .214 214 .1 1 4 0.114 3 Drawn___ All sizes______.184 • 18 4 184 .08 $0.08 Steaks.. All sizes______.27 .27 27 -1 5 4 • Ì64 4 Steaks___ All sizes______.234 234 .12 .12

4. In section 20, Table D is amended by changing the prices per pound for This amendment shall become effective February 28, 1944. Schedule No. 27, Item Nos. 1, 2, 4, 5, 7, 9 and 10, and Schedule No. 35, Item.Nos. 1 (56 Stat. 23, 765; Pub. Law 151, 78th Cong.; E.O. 9250, 7 F.R. 7871; EO. 9328, 8 F.R. and 2, for the months of January, February and March, and by inserting prices 4681) ^ _ > per pound for Schedule Nos. 33, 34 and 34A, Item Nos. 1, 2, 3 and 4, for the months Issued this 22d day of February 1944. Chester Bowles, of January, February, March ar... April, and Schedule No. 35, Item Nos. 3 and 4, for Administrator. the months of January, February, March, April and May, all to read as follows: [F. R. Doc. 44-2592; Filed, February 22, 1944; 4:48 p. m.] FEDERAL REGISTER, Thursday, February 24, 1944 2135

P art 1312—Lumber and Lumber P roducts has been filed with the Division of the (ii) Outside Wisconsin. The maxi­ ' [MPR 348, Amdt, 35] Federal Register.* mum price for the sale of chedder cheese In section 3 (c) the last sentence is by a cheese factory or cheesemaker de­ LOGS AN.D BOLTS revoked and three new sentences are livered at any place outside Wisconsin Correction added to read as follows: shall be the appropriate price set forth In F.R. Doc, 44-1884 appearing on In the event of either a sale by a gov­ in Table A above plus a “traiisportation page 1572 of the issue for Wednesday, ernment agency, or a sale for the benefit fatftor.” February 9, 1944, under tkif heading of creditors where a government agency (iii) The prices in the preceding sub­ “Birch, hard maple, ash, red oak” of the is the largest creditor, a written cer­ divisions (i) and (ii) are prices for un­ table, the fifth price should read “0.95”; tificate may be substituted for the war­ paraffined, ungraded, bulk Cheddar under “Cedar,” the first paragraph ranty, the invoicing ahd the guaranty of cheese of 39% or less moisture content should read: “For 8Vk' tie cuts of all satisfactory operation. The certificate packed in boxes customarily employed species add $0,10 periie cut.” must be signed by a qualified person who for the particular styles listed in Table A. is not in the business of selling second­ (iv) Marking of date and place of hand machine tools and who is ap­ manufacture. On and after the effec­ [RMPR 169,1 Amdt. 38] v / proved Jpy the purchaser. This certifi­ tive date of this regulation every person P art .1364—F resh, Cured and Canned cate must state that such person has engaged in the manufacture of Cheddar Meat and F ish P roducts inspected the second-hand machine tool, cheese shall mark plainly and conspicu­ that all worn or missing parts have been ously on the side of such cheese before BEEF AND VEAL CARCASSES AND WHOLESALE replaced or reworked, and that the sec/- it leaves the cheese, factory, with dark GUTS ond-hand machine tool has been tested colored vegetable ink, the name of the A statement of the considerations in­ under power so as to prove that it has state in which the cheese has been man­ volved in the issuance of this amendment a substantially equivalent performance ufactured and the day, .month, and year has been issued simultaneously herewith to that of the machine when new. of manufacture. and filed with the Division of the Federal (2) Maximum prices for “Cheddars”, This amendment shall become effec­ “twins”, “flats”, and larger styles of Register.* tive February 23, 1944. Revised Maximum Price Regulation 37.7% or less moisture content. The No. 169 is amended in the following re­ (56 Stat. 23, 765; Pub. Law 151, 78th maximum price for the sale of “Ched­ spects: Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, dar”, “twin”, “flats”, or larger styles .of 1. The following sentence is added to 8 F.R. 4681) cheddar cheese of a moisture content of § 1364.452 (n) (1) to read as follows: Issued this 23d day of February 1944. 37.7% or less by a cheese factory or cheesemaker to an assembler, or by any “The prices established for boneless Chester B owles> person to. a cheese processor, a food proc­ processing beef shall apply only on sales Administrator. essor, or to the United States Govern­ of boneless processing beef to processors [F. R. Doc. 44-2642; Filed, February 23, 1944; ment or any agency thereof, shall be a", and no person shall sell or deliver any 11:36 a. m.] provided in subdivisions (i) and (ii) cf boneless processing beef unless the buyer this subparagraph. of such boneless processing beef is a (i) Where delivery is made at any bona fide processor of processed prod­ Part 1351—F ood and Food Products place in Wisconsin the maximum price ucts.” [MPR 289,1 Amdt. 26] shall be set forth in Table B below, 2. The effective date provision of CHEDDAR CHEESE (ii) Where delivery is made at ary Amendment No. 36 to Revised Maximum place outside Wisconsin the maximum Price Regulation No. 169 is amended to A statement of the considerations in­ price shall be the appropriate price set read as follows: volved in the issuance of this amend­ forth in Table B below, plus a “trans­ ment, issued simultaneously herewith, portation factor”. Amendment No. 36 shall become effec­ has been filed with the Division of the tive March 1,1944, except that it shall re­ Federal Register.* T able B main effective as of December 1, 1943, Maximum Price Regulation No. 289 is in any case where, prior to February 22, amended in the following respect: Maximum price, 1944, an adjusted quota has been author­ Section 1351.1519 is amended to read cents per pound ized pursuant to the provisions of as follows: Amendment No. 36, or in any case where Moisture content For Ched­ a previously established quota is in­ § 1351.1519. Maximum prices for Ched­ dars, twins,' For dar cheese—(a) Sales of Cheddar cheese and larger flats creased by the provisions of Amendment * ""S.. , styles No. 36. by manufacturers and assemblers—(1) Sales by a, cheese factory or cheese- - This amendment shall become effective 33.2%...... *...... 25.54 25.79 maker—(i) In Wisconsin. The maxi­ Over 33.2% but not over 33.7%.... 25.35 25.60 February 22, 1944. mum price for the sale of Cheddar cheese Over 33.7% but not over 34.2%___ 25.16 25.41 Over 34.2% but not over 34.7%__ 24.97 25.22 (5.6 Stat. 23, 765; Pub. Law 151, 78th by a cheese factory or cheesemaker de­ Over 34.7% but not over 35.2%___ 24.77 25.02 Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, livered at any place in Wisconsin shall be Over 35.2% but not over 35.7%___ 24.58 34.83 Over 35.7% but not over 36.2%___ 24.39 24.64 8F.R. 4681) as set forth in Table A below (except as Over 36.2% but not over 36.7%__ 24.20 24.45 Issued this 22d day of February 1944. provided in subparagraph (2) below for Over 36.7% but not over 37.2%..'.. 24.01 24.23 “Cheddars,” “twins,” “flats,” and larger Over 37.2% but not over 37.7%___ 23,82 24.07 Chester B owles, styles of 37.7% or less moisture content). Administrator. T able A [F. R. Doc. 44-2591; Filed, February 22, 1944; (3) Transportation charges; cheese 4:48 p. m.] factory to assembler, (i) In addition to Maximum Approxi­ the maximum prices established in sub- price (cents Styles mate weight per lb.) (pounds) paragraphs (1) and (2) of this para­ P art 1301—Machine Tools graph, a cheese assembler may compen­ [MPR l,a Amdt. 2] 23 Ji...... Cheddars, Twins & Larger. 70 or more. sate any cheese factory, cheesemaker, 93U 35 or other person who hauls cheese from SECOND-HAND MACHINE TOOLS 23»^ 44 233/( Triple Daisies______66 the cheese factory to the assembler’s A statement of the considerations in­ 24LÎ Single Daisies______22 warehouse for such hauling services. 94 V 12 The maximum price which may be paid volved in the issuance of this amend­ 24L? 12 - ment, issued simultaneously herewith, 941/?...... 12 by a cheese assembler or charged by a 941/«} 10 cheese factory qr hauler or other car­ •Copies may be obtained from the Office 24JÏ...... Natural loaf & Smaller Styles. 5 or less. rier for this service may not exceed the of Price Administration. appropriate price set forth in Table C 18 F.R. 4097, 4787, 4844, 5170, 5478, 5634, 6058, 6427, 7109, 6945, 7199, 7200, 8011, 8677, 17 FJÌ. 10996; 8 F.R. 490, 1455, 1885, 1972, below. This price must be based on the 8756, 9066, 9300, 9995, 10364, 10671, 11298, 3252, 3253, 3327, 4335, 4513, 4337, 4338, 4918, actual distance from the cheese factory 11445. 6440, 7566, 7593, 8276, 8751, 9380, 9229, 10667, to the assembler’s warehouse, The dis­ 3 8 F.R. 10116. 11245. tance between the cheese factory and the y 2136 FEDERAL REGISTER, Thursday, February 24, 1944 assembler’s warehouse shall be computed cheese, before paraffining, must have sion (i) of this subparagraph) at any via the nearest publicly traveled route. dry, d ean surfaces free of mold and be place in Wisconsin shall be as set forth not less than 3 days old at time of dip­ in Table F below. T able of (2) Supplies. No purchaser from a Picnics, Midgets, Square Prints, or nat­ this section and which has been set aside cheese factory or cheesemaker or agent ural loaf or smaller styles------— 25. 50 for sale to the United States Government or affiliate of such purchaser shall sell, “Processed Cheddar Cheese”: pursuant to Food Distribution Order No. lend, or otherwise transfer supplies or Package weighing y2 pound or less.. 29. 75 15, or similar orders issued by the War equipment, except cheese hoops, to such Package weighing over y2 pound to Food Administrator. cheese factory, cheesemaker, or agent or 2 pounds ______28. 00 affiliate thereof at less than the true Package weighing over 2 pounds.— 27. CO (ii) The maximum price for the sale to the United States Government of any value of such supplies and equipment. (ii) Outside Wisconsin. The maxi­ Any sale or transfer contrary to the pro­ Cheddar cheese which has not been as­ visions of this subparagraph is. an eva­ mum price for thè sale of any “cheese sembled by an “authorized cheese as­ item” to the U. S. Government or any of sion of paragraph (a) (1) and (a) (2^> of sembler” in accordance with the require­ this section and is hereby prohibited. its agencies delivered, at any place out­ ments of paragraph (a) (4) of this sec­ side Wisconsin shall be the maximum (3) The practices described in sub- tion shall be tjje appropriate maximum paragraphs (1) and (2) of this paragraph price set forth in Table H above plus a price established in subparagraphs (1) “transportation factor.” as evasions of this regulation are in ad­ q,nd (2) of this paragraph (d) minus 10 dition to any evasive practices prohib­ (2) Sales and deliveries to"individual per pound. army posts, naval bases, or Federal hos­ ited by § 1351.1506 of this regulation. (iii) The maximum price for the sale (f) Definitions—(1) Cheddar cheese. pitals, schools, or penal institutions—(i) to the United States Government of any In Wisconsin. Notwithstanding subpar­ “Cheddar cheese”, frequently called Gheddar cheese which has not been set “American cheese”, means “Cheddar agraph (1) of this paragraph the maxi­ aside for sale to the United States Gov­ mum price for the sale of any “cheese cheese” as defined in the “Standards of ernment pursuant to Food Distribution Identity for ^Cheddar cheese, cheese, item” made to, and delivery made to the Order No. 15 or similar orders issued by physical location of, an individual army washed curd cheese, Colby cheese” the War Food Administrator shall be the promulgated by the Food and Drug Ad­ post or naval base, or a federal hospital, appropriate maximum price established school, or penal institution located at any ministration and published in the F ed­ in subparagraphs (1) and (2) of this eral R egister of January 9, 1941, Page place in Wisconsin shall be as follows: paragraph (d) minus per pound. , (a) For sales and deliveries of quan­ 195. It contains not more than 39% of (c) Calculations. All maximum prices moisture and its solids contain not less tities of less than carload lots but more established by this Section shall be cal­ than 5,000 pounds, the maximum prices than 50% of milk fat. culated on a cents per pound basis and (2 Y Processed ^Cheddar cheese. “Proc­ set forth in Table I below: all calculations shall be carried to the essed Cheddar cheese” is Cheddar cheese T able I seeond decimal jknnt. All calculations which has been graded, cleaned, blended, Cents per pound of any “transportation factor” shall be ground, pasteurized, and packaged. It Cheddars, Twins or larger styles------— 24. 73 made on a cents per pound basis and shall contain not more than 40% of Flats______- 24.99 shall be carried to the second decimal ■ water and in the water free substance Double or Triple Daisies______■.------25. 24 point. Any final calculation of a maxi­ Single Daisies, Longhorns, or Young not less than 50% of milk fat. Americas______:------25. 75 mum price resulting in.a fraction of a (3) Transportation factor. A “Trans­ Picnics, Midgets, Square prints, or nat­ cent per pound shall be adjusted to the portation factor” means the lowest pub­ ural loaf or smaller styles. ------26. 01 nearest tenth of a cent. lished railroad carlot freight rate per “Processed Cheddar Cheese”: (d) Discounts and allowances. The pound gross weight from Plymouth, Wis­ Package weighing y2 pound or less.. 30. 34 maximum prices established, in the fore­ consin, to. the place of delivery multi­ Package weighing over y2 pound to going paragraphs of this section must be plied by 1.15. In calculating transporta­ 2 pounds____ ,___ :______28.56 reduced by the customary discounts or tion charges referred to in the foregoing Package weighing over 2 pounds___ 27. 54 allowances for cash or prompt payment. paragraphs, the 3% transportation tax (b) For sales and deliveries of quanti­ However, any change in customary dis­ imposed by section 620 of the Revenue ties of 5,000 pounds or less, the maximum counts, allowances, or other price dif­ Act ef 1942 shall be included. prices set forth in Table J below: ferentials may always be made when it (4) Cheese item. “Cheese item” T able J results in a lower price than would the means any of the particular styles and Cents per customary discounts or allowances. sizes of Cheddar cheese and of processed pound (e) Evasive practices prohibited—(1) Cheddar cheesé listed in Tables D, E, F, G, Cheddars. Twins or larger styles_____ 25.94 Used cheese boxes. The maximum prices and H of this section. Flats_____ 1______26.21 established for sales by cheese factories (5) “Delivered at any place”. The Double or Triple Daisies______26.48 phrase,- “delivered at any place” pom- Single' Daisies, Longhorns, or Young or cheesemakers in paragraphs (a) (1) Americas.....______— __ 27.01 and (a) (2) of this section shall not be prèhends*all sales whether made on the Picnics, Midgets, Square prints, or nat­ evaded by the selling or furnishing to any basis of actual delivery to the point of ural loaf or smaller styles___ _——_ 27. 28 cheese factory or cheeserpaker or any shipping destination or on the basis cf “Processed Cheddar Cheese”: agent or afiiiliate thereof, of used wooden F. O. B. shipping point or some other Package weighing y2 pound or less_31. 83 cheese boxes at less than their true eco­ point. Any cheese item sold F. O. B. any Package weighing over y2 pound to nomic value by any purchaser of cheese point shall be considered-“delivered” at 2 pounds ------29.96 from such cheese factory or cheesemaker, that point. Package weighing over 2 pounds___ 28. 89 or by any agent or affiliate of such pur­ (6) Place. “Place” means any city, (ii) Outside Wisconsin. And'provided chaser. Any sale of used cheese boxes town, village or hamlet within the United further, The maximum price for the by such purchaser, his agent, Or affiliate States. <- sale of any “cheese item” made to, and to a cheese factory, cheesemaker,. or (7) Retailer distributing warehouse. delivery made to the physical premises agent or affiliate thereof, at any price less “A retailer distributing warehouse” is a of, an individual army post or naval than the prices established in Table K place where cheese is received and held base, or a federal hospital, school; or below shall be considered prima facie for disposition to retail stores. Chain penal institution located at any place evidence of an evasion of paragraph (a) store warehouses and retailer owned co­ outside Wisconsin shall be the appropri­ (1) and (a) (2) of this section. * operative warehouses are included in the No. 39----- 4 2138 FEDERAL REGISTER, Thursday, February 24, 1944 meaning of “retailer distributing ware­ 1. Section 2.9 is amended by adding at house”. the end thereof the following: Notices This amendment shall become effec­ (i) Brucite when sold to a producer tive February 29, 1944. of maghesium metal for use in the pro­ duction of magnesium metal. DEPARTMENT OF LABOR. (56 Stat. 23, 765; Pub. Law 151, 78th Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, This amçndment shall become effec­ Office of the Secretary. 8 F.R. 4681) tive February 29, 1944. [WLD-20] Issued this 23d day of February 1944. (56 Stat. 2?, 765; Pub. Law 151, 78th F ourboro Contracting Corporation Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, Chester Bowles, 8 F.R. 4681) FINDING AS TO CONTRACT FOR MAINTENANCE Administrator. AND REPAIR OF SHIPS Issued this 23d day of February 1944. [F. R. Doc. 44-2614; Filed, February 23, 1944; Chester B owles, Pursuant to section 2 (b) (3) of the 11:36 a. m.] Administrator. War Labor Disputes Act (Pub. no. 89, 78th Cong., 1st sess.) and the Directive [F. R. Doc. 44-2615; Filed, February 23, 1944; of the President dated August 10, 1943, 11:36 a. m.] published in the F ederal R egister Au­ P art 1390—Machinery and T ransporta­ gust 14, 1943, and tion Equipment Having been advised of the existence [MPR 136, as Amended,1 Amdt. 109] of a labor dispute involving the Fourboro MACHINES AND PARTS, AND MACHINERY TITLE 7—AGRICULTURE Contracting Corporation, New York, New York; * - SERVICES Chapter VII-r-War Food Administration I find that the maintenance and repair A statement of the considerations in­ (Agricultural Adjustment) of ships, including cleaning and painting volved in the issuance of this amend­ [ACP-1944-1J.A, - of ship surfaces and cleaning of boilers ment, issued simultaneously herewith, and fresh water tanks, by the Fourboro has been filed with the Division of the P ai»t 701—Agricultural Conservation Program Contracting Corporation, New York, New Federal Register.’1' York, pursuant to contract with the Gen­ In § 1390.11 (a) (2) the last sentence SUBPART P— 1944 eral Ship Repair Company, Baltimore, is revoked and three new sentences are -The last paragraph of the document Maryland, are contracted for in the. added to read as follows: appearing on page 1591 of the February prosecution of the war within the mean­ In the event of either a sale by a 10, 1944 issue of the Federal R egister ing of section 2 (b) (-3) of the War Labor government agency, or a sale for the (F.R. Doc. 44-1914) should read: Disputes Act. benefit of creditors where a government Done at Washington, D. C., this 9th Signed at Washington, D. C., this 21st agency is the largest creditor a written day of February 1944. day of February 1944. certificate may be substituted for the F rances P erkins, guarantee. The certificate m\ist be Done at Washington, D. C., this 23d Secretary of Labor. day of February 1944. . signed by a qualified person who is not [F. R. Doc. 44-2587; Filed, February 22, 1944; engaged in the business of selling second­ Grover B. H ill, 2:54 p. m.] hand machines or parts. This certificate First Assistant must state that such person has in­ . War Food'Administrator: spected the second-hand machine or part [F. R. Doc. 44-2607; Filed, February 23, 1844; and that all worn or missing components 11:16 a. m.] .Wage and Hour Division. which should be replaced or repaired for Learner Employment Certificates satisfactory operation, if any, have been replaced or repaired. x ISSUANCE TO VARIÖUä industries TITLE 10—ARMY: WAR DEPARTMENT Notice of issuance of . special certificates This amendment shall become effective for the employment of learners under February 23, 1944. Chapter IX—Transport the Fair Labor Standards Act of 1938« . (56 Stat. 23, 765; Pub. Law 151, 78th Part 93—Transportation of I ndividuals Notice is hereby given that special Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, passengers on army transports certificates authorizing the employment 8 F.R. 4681) of learners at hourly wage rates lower In § 93.25 (9 F.R. 873) paragraph (d) than the minimum wage rate applicable Issued this 23d day of February 1944. Is amended to read as follows: Chester B owles, under section 6 of the act are issued un­ Administrator. § 93.25 Passengers on Army trans­ der section 14 thereof, Part 522 of the ports. * * * regulations issued thereunder (August [F. R. Dpc. 44-2613; Filed, February 23, 1944; (d) Taxes. All passage money col­ 16, 1940, 5 F.R. 2862, and as amended 11:36 a. m,} lected in the United States and terri­ June 25, 1942, 7 F.R. 4725), and the de­ tories is subject to United States Trans­ termination and order or regulation portation Tax. This tax must be col­ listed below and published in the F ed­ lected from the individual when passage eral R egister as here stated. Part 1499—Commodities and Serviges is arranged and disposition made in ac­ Apparel Learner Regulations, September 7, [Rev. SR 14 to GMPR, Amdt. 48] cordance with Regulation 42, United 1940 (5 F.R. 3591), as amended by Adminis­ States Treasury Department, Bureau of trative Order March 13, 1943 (8 FR. 3079). ORES AND ORE CONCENTRATES Internal Revenue. All other foreign Single Pants, Shirts and Allied Garments, A statement of the considerations in­ government taxes, port dues, landing or Women’s Apparel, Sportswear, Rainwear., volved in the issuance of this amend­ embarkation tax, or other charges lev­ Robes and Leather and Sheep-Lined Gar­ ments Divisions of the Apparel Industry, ment, issued simultaneously herewith, ied against passengers or passenger fares Learner Regulations, July 20, 1942 (7 F.R. has been filed with the Division of the will be collected from passengers in addi­ 4724), as amended by Administrative Order Federal Register.* tion to passenger fares. (R.S. 161; 5 March 13, 1943 (8 F.R. 3079) and Adminis­ Revised Supplementary Regulation No. U.S.C. 22) ICir. 68, WD., 15 February trative Order June 7, 1943 (8 FR. 7890). 1 is amended in the following respect; 1944] Artificial Flowers and Feathers Learner [seal] R obert H. D unlop, Regulations, October 24, 1940 (5 FR. 4203). ♦Copies may be obtained from the Office Brigadier General, Glove Findings and Determination of Feb­ of Price Administration. ruary 20, 1940, as amended by Administra­ 18 F.R:‘r6I32r ^ w Acting The Adjutant General. tiv^ Drder September 20, 1940 (5 F.R. 3748), * 7 F.R. 8961; 8 FR. 3313, 3533, 6173, 118061 [F. R. Doc. 44-2586; Filed, February 22, 1944; arid as further amended by Administrative 9 F.R. 1594. 2:29 p. m.] .'"Order, March 13, 1943 (8 FR. 3079). . FEDERAL REGISTER, Thursday, February 24, 1944 2139

Hosiery Learner Regulations, September hosiery; one learner (T); effective February trimmer for a learning period of 160 hours 4, 1940 (5 P.R. 3530), as amended by Admin­ 16, 1944, expiring February 15, 1945. at 350 per hour, effective February 23, 1944, istrative Order March 13, 1943 (8 F.R. 3079). Whisnant Hosiery Mills, Fourth Street, expiring May 3, 1944. Independent Telephone Learner Regula­ Hickory, North Carolina; seamless hosiery; 5 Queen Glass Company, La Vale Street, tions, September 27, 1940' (5 F.R. 3829). percent (T); effective February 18, 1944, ex­ Cumberland, Maryland; Glass cutting; 2 Knitted Wear Learner Regulations, Octo­ piring February 17, 1945. learners (T ); glass cutting for a learning ber 10, 1940 (5 F.R. 3982), as amended by period of 520 hours at 300 an hour for the Administrative Order, March 13, 1943 (8 F.R. TEXTILE INDUSTRY first 320 hours and 35 cents per hour for the 3079). Charles H. Bacon Company, Lenoir City, next 200 hours; effective February 18, 1944, Millinery Learner Regulations, Custom Made Tennessee; cotton yarn; 5 percent (AT) ;*effec- expiring August 18, 1944. and Popular Priced, August 29, 1940 (5 F.R. tive February 16, 1944, expiring August 15, Waverly Publishing Company, 301 E. Bre­ 3392,3393). 1944. mer Ave., Waverly, Iowa; Printing and Pub­ Textile Learner Regulations, May 16, 1941 Grantville Mills, Grantville, Georgia; cot­ lishing; 2 learners (T ); Printer for a learn­ (6 F.R. 2446). as amended by Administrative ton yarns; 3 percent (T ); effective February ing period of 480 hours at 300 per hour; Order March 13, 1943 (8 F.R. 3079). 18, 1944, expiring February 17, 1945. effective March 3, 1944, expiring September 2, Woolen Learner Regulations, October 30, Pacific Mills—Granby Plant, Columbia, 1944. 1940 (5 F.R. 4302). South Carolina; cotton grey goods; 3 per­ Notice of Amended Order for the Employ­ cent (T); effective February 16, 1944, expiring- Signed at New York, N. Y., this 19th ment of Learners in the Cigar Manufacturing February 15, 1945. day of February 1944. Industry, July 20, 1941 (6 F.R. 3753). South Hill Industries, Inc., South Hill, Vir­ Pauline C. Gilbert, The employment of learners under ginia; narrow textiles, fiberglas insulating Authorized Representative tapes, parachute tapes and civilian items; 3 of the Administrator. these certificates is limited to the terms learners (T ); effective February 19, 1944, and conditions therein contained and to expiring February 18, 1945. [F. R. Doc. 44-2603; Filed, February 23, 1944; the provisions of the applicable deter­ 9:19 a. m.] mination and order or regulations cited CIGAR INDUSTRY 1 above. The applicable determination John H. Swisher &. Son, Inc., Valdosta, and order or regulations, and the effec­ Georgia, cigars; 10 percent (T); cigar machine operating, cigar packing for a learning period tive and expiration dates of the certifi­ of 320 hours, stripping machine operating FEDERAL POWER COMMISSION. cates issued to each employer is listed for a learning period of 160 hours at 75% of below. The certificates may be cancelled [Docket Nos. G-507, G-508, G-510, G-516, applicable minimum; effective • February 17, G-519 ] in the manner provided in the regula­ 1944, expiring February 16, 1945. tions and as'indicated in the certificates. Hope Natural Gas Co., et al. Any person aggrieved by the issuance of Signed at New York, N. Y., this 19th any of these certificates, may seek a re­ day of February 1944. ORDER PROVIDING FOR ORAL ARGUMENT view or reconsideration thereof. Pauline C. Gilbert, F ebruary 21, 1944. Authorized Representative Name and Address of F irm, Industry, Prod­ In the matters of Hope Natural Gas uct, Number of Learners and Effective of the Administrator. Company, Docket No, G-507; New York Dates [F. R. Doc. 44- 2602; Filed, February 23, 1944; State Natural Gas Corporation, Docket SINGLE PANTS, SHIRTS, AND ALLIED GARMENTS, 9:19 a. m .]' No. G-508; The Manufacturers Light and WOMEN’S APPAREL, SPORTSWEAR, RAINWEAR, Heat Company, Manufacturers Gas ROBES AND LEATHER AND SHEEP-LINED GAR­ Company, and Pennsylvania Fuel Sup­ MENTS DIVISIONS OF THE APPAREL INDUSTRY ply Company, Docket No. G-510; United Learner Employment Certificates Cadillac Shirt Company, 374 Elm Street, Fuel Gas Company, Docket No. G-516; Perth Amboy, New Jersey; men’s shirts and ISSUANCE TO VARIOUS INDUSTRIES Home Gas Company, Docket No. G-519. under shorts; 7 learners (T); effective Febru­ Notice of issuance of special certifi­ It appearing to the Commission that: ary 16, 1944, expiring February 15, 1945. (a) In the session of hearing in the Hamilton Carhartt Overall Company, Car- cates for the employment of learners under the Fair Labor Standards Act of above-entitled proceedings (consolidated hartt Park, Irvine, .Kentucky; work clothes, for hearing) held on February 18, 1944, overalls, coveralls and caps; 10 percent (T); 1938. effective February 16, 1944, expiring February Notice is hereby given that special cer­ the parties, including the several appli­ *1.5, 1945. tificates authorizing the employment of cants and interveners, thrcfugh their re­ M. Janowitch & Sons, Main & Market learners at hourly wages lower than the spective trial counsel in open hearing Streets, Mahanoy City, Pennsylvania; cotton minimum rate applicable under section 6 agreed that oral argument before the and rayon blouses and dresses; 10 percent of the Act are issued under section 14 Commission sitting en banc, with the (T); effective February 18, 1944, expiring Feb­ thereof and part 522.5 (b) of the regu­ trial examiner sitting with the Commis­ ruary 17, 1945. sion, may be substituted for the usual Juvenile Manufacturing Company, 327 lations issued thereunder (August 16, North Flores Street, San Antonio, Texas; Chil­ 1940, 5 F.R. 2862) to the employers listed course of filing briefs, following the ex­ dren’s and infants’ wearing apparel; 10 per­ below effective as of the date specified in pected early conclusion of the hearing cent (T); effective February 16, 1944, expir­ each item below. now in progress and in connection there­ ing. February 15, 1945. The employment of learners under with stated their respective resquests for Meyersdale Manufacturing Company, Inc., these certificates is limited to the terms allotments of time for such oral argu­ Grant Street, Meyersdale, Pennsylvania; army ment; and civilian shirts; 50 learners (AT); effective and conditions as designated opposite the employer’s name. These certificates (b) The suggested procedure thus February 17, 1944, expiring August 16, 1944. agreed to by the parties would, while S & S Clothing Corporation, 44 Lehigh are issued upon the employers’ repre­ Street, Wilkes-Barre, Pennsylvania; men’s and sentations that experienced workers for preserving all necessary safeguards, save boys’ pants; 10 percent (T); effective February the learner occupations are not available considerable time and enable the Com­ 16, 1944, expiring February 15, 1945. for employment and that they are actu­ mission earlier to dispose finally of the H. B. Spoont, 12-18 East Coal Street, Shen­ ally in need of learners at subminimum proceedings; and andoah, Pennsylvania; slacks, shorts, overalls, rates in order to prevent curtailment of of Regula­ require, the definitions set forth in liv) Using any tying agreement or re­ tion No. 122. §§ 1340.255 and 1340 266 of Revised Max­ quiring that the buyer purchase any­ (IX Posting of maximum prices: sales imum Price Regulation No. 122, as thing in addition to the fuel requested slips. <1) Each dealer subject to this amended, shall apply to terms used by him, except that a dealer may comply order shall post all the maximum prices herein, and ifi full force and effect. with requirements or standards with re­ set by it for all his types of sales. He (o) Applicability of this order. To the spect to deliveries which have been or shall post his prices in his place of busi­ extent applicable, the provisions of this may be issued by an agency of the United ness in a manner plainly visible to and order supersede Revised Maximum Price States Government. understandable by the purchasing public. Regulation No. 122. (c) Schedule for sales of coal—(1) He shall also keep a copy of this order This Order No. G-12 under_Revised Price schedules. This schedule sets available for examination by any person Maximum Price Regulation No. Ì22 shall forth maximum gross prices for sales of inquiring as to his prices for solid fuel. become effective February 15, 1944. specified sizes, kinds and quantities of No report- of the maximum prices estab­ solid fuels on a “direct delivery” basis. N o t e : The reporting and record keeping lished by this order need be made by any provisions of this order have been approved All prices are for credit sales on a net dealer under § 1340.262 (c) of Regulation by the Bureau of the Budget in accordant ton basis subject to discounts hereinafter No. 122. with the Federal Reports Act of 1942. set forth.

/ 2144 FEDERAL REGISTER, Thursday February 24, 1944 set by it for all his types of sales. He shall Alliance, Oh io Maximum post his prices in his place of business . • gross price in a manner plainly visible to and un­ schedule i per net ton derstandable by the purchasing public. I. High Volatile Bituminous Coals from Producing District No. 8 (eastern Kentucky He shall also keep a copy of this order and southeastern West Virginia): available for examination by any person A. Lump—Size Group Nos. 1 and 2 (larger than 3"): inquiring as to his prices for solid fuel. 1. Mine Price Classifications E through J------$8. 70 2. Mine Price Classifications K through O------1------— ------— ------— 8. 50 No feport of the maximum prices estab­ B. Egg—Size Group No. 6 (top size larger than 5" hut not exceeding 6" x bottom lished by this order need be made by size 2" and smaller; top size 3" but not exceeding 5” x bottom size larger than any dealer under § 1340.262 (c) of Regu­ 2" but not exceding 3” )—Mine Price Classifications G through L------8.25 lation No. 122. II. High Volatile Bituminous Coals from Producing District No. 4. (Ohio): (2) Every dealer selling solid fuel for A. Lump: sales of which a maximum price is set 1. Prom the Ohio No. 8 Freight Origin District: by this order shall, lyithin thirty days a. Size Group No. 1 (larger than 5")------6.75 after the date of delivery of the fuel, give b. Size Group No. 2 (larger than 2” but not exceding 5” ) ______2----- 8.60 to the buyer a statement showing; the c. Size Group No. 3 (larger than 1%" but not exceeding^")------.— 6.35 date of the sale, the name-and address .2 . From the Middle Freight Origin District: of the dealer and of the buyer, the kind, a. Size Group No. 1 (larger than 5” ) ------i ------6.65 size and quantity of the solid fuel sold, b. Size Group No. 2 (larger than 2" but not exceeding 5")______6.55 the price charged and separately stating c. Size Group No. 3 (larger than 1%" but not exceeding 2")—__------6.30 _ any item which is required to be sepa­ B. Egg—From the Ohio No. 8 Freight Origin District: 1. Size Group No. 2 (double screened; bottom size larger than 2")------— 6.60 rately stated by this order. 2. Size Group No. S-'fdouble screened; bottom size larger than but not (m) Enforcement. (1) Persons vio­ exceeding 2” ) ------; — 6.15 lating any provisions of this order are C- Stoker—From the Ohio No. 8 Freight Origin District: subject to civil and criminal penalties, Size Group No. 5 (double screened; top size 2" and-smaller)------6.40 including suits for treble damages, pro­ III. High volatile lump coals from Producing District No. 2 (western Pennsylvania) vided for by the Emergency Price Con­ Size Group No. 2 (larger than 2” but not exceeding 5")—Mine Price Classification trol Act of 1942, as amended. A------7 65 (2) Persons who have any evidence of any violation of this order are urged to (2) Discounts— (i) Discounts for pay­ collected in addition to the maximum communicate with the Cleveland Dis­ ment within fifteen days. All prices prices set by this order, provided the trict Office of the Office of Price Admin­ quoted are gross prices on “direct deliv­ dealer states it separately from the price istration. . ery” sales and shall be subject-to a dis­ on his invoice or statement. However, (n) Definitions a n d explanations. count of $0.20 per tori where payment is the dealer need not so separately state (1) “Person” includes an individual, made within fifteen days after date of on the sale to the United States or any corporation, partnership, association, delivery. agency thereof, the District of Columbia, any other organized group of persons, (ii>- “Yard sales” discounts. Discounts any state government or any political legal successor or representative of any subdivision thereof. of the foregoing, and includes the United for sales of one ton w more on “yard States, ariy ageney thereof, any other sales” to the following classes of pur­ (g) Addition of increase in suppliers government, or any of its political sub­ chasers, shall be: prices prohibited. The maximum prices divisions, and any agency of any of the Equipped dealers purchasing for resale. $1.00 set by this order may not be increased by a dealer to reflect increases in pur­ foregoing. Unequipped dealers purchasing for re- (2) “Sell” includes sell, supply, dispose, sale __■___.___ 2------;------.75 chase costs or in. supplier’s maximum Consumers------______. 50 prices occurring after the effective date barter, exchange, lease, transfer, and de­ liver, and contracts and offers to do any (3) Descriptive terms. All terms used hereon; but increases in the maximum of the foregoing. The term s. “sale,” herein to describe size, volatility, and, prices set hereby to reflect such in­ “selling,” “sold,” “seller,” “buy,” “pur­ producing district are those established creases are within the discretion of the chase,” and “purchaser”-shall be con­ and defined by the. Bituminous Coal Di­ regional administrator. strued accordingly. vision of the United States Department (h) Petitions for amendment. Any (3) “Dealer” means any person sell­ of Interior and in effect as of midnight, person-seeking an amendment of any ing solid fuel except producers or dis­ August 23, 1943. provisions of this order may file a peti­ tributors making sales at or from a mine, (d) The maximum prices for all sales tion for amendment in accordance with a preparation plant, operated as an ad­ . by dealers of solid fuel not provided for the provisions of Revised Procedural junct of any mine, a coke oven, or a ^by this Order No. G-21 shall be the max­ Regulation No. 1,.except that the petition briquette plant. im u m prices established by Revised Max­ shall be filed with the regional adminis­ (4) “Direct delivery” means dumping imum Price Regulation No. 122. trator and acted upon by him. or chuting the fuel from the seller’s truck (e) Schedule of service charges. This (i) Applicability of other regulations. directly into the buyer’s bin or storage schedule sets forth jnaxiffium prices Every dealer subject to this order is space; but, if this is physically impos­ which a dealer may charge for special governed by the licensing provisions of sible, the term means discharging the services rendered in connection with all Supplementary Order No. 72, effective fuel directly from the seller’s truck at a sales under paragraph (c). These October 1, 1943. point where this can be done and at "the charges may be made only if the buyer (j) Right of amendment or revocation. point nearest and most accessible to the requests such service of the dealer and The regional administrator or price ad­ buyer’s bin or storage space. only when the dealer renders the serv­ ministrator may amend, revoke, or re­ (5) “Yard sales” shall mean deliveries ice. Every service .charge shall be scind this order, or any provision thereof, made by the dealer in his customary separately stated in the dealer’s invoice. at anytime. manner at his yard or at any place other Service Schedule (k) Records. Every dealer subject to than his truck, this order shall preserve, keep and make (6) Except as otherwise provided here-, Carrying or wheeling from $0.50 per ton. available for examination by the Office curb. in or as the context may otherwise re­ •Carrying up or down ope $0. 75 per ton. of Price Administration, the same rec­ quire, the definitions set forth in flight of stairs. ords he was required to preserve and §§ 1340.255 and 1340.266 of Revised Max­ One-half ton deliveries-----V2 of the ton keep under § 1340.262 (a) and (b) of imum Price Regulation No. 122, as price plus $0.25. Regulation No. 122. amended, shall apply to terms used (f) The transportation tax. The (l) Posting of maximum prices; sales herein, and in full force and effect. transportation tax imposed by section slips. (1) Each dealer-subject to this (o) Applicability of this order. To the 620 of the Revenue Act of 1942 may be order shall post all the maximum prifees extent applicable, the provisions of this FEDERAL REGISTER, Thursday, February 24,, 1944 2145 order supersede Revised Maximum Price games of ten pin bowling in bowling al­ [Région V in Order G-32 Under MPR 329] Regulation No. 122. leys located in Milwaukee County, Wis­ F luid Milk in State of W ashington This order No. G-21 under Revised consin. Maximum Price Regulation No. 122 shall b. The maximum prices established. Order No. G-32 under Maximum Price become, effective February 15, 1944. The maximum price for any ten pin Regulation No. 329. Purchases of milk from producers for resale as fluid milk in Note: The reporting and record keeping bowling game shall be 250 per game. provisions of this order have been approved c. Lower prices. Lower prices than certain localities in the State of Wash­ by the Bureau of the Budget in accordance those provided in this order may be ington. with the Federal Reports Act of 1942. charged and paid. For the reasons set forth in an opinion d. Posting of . maximum prices. In­ issued simultaneously herewith and un­ (56 Stat. 23, 765, Pub., Law 151, 78th stead of the ¿posting provisions contained der the authority vested in the Regional Cong.; E.O. 9250, 7 F.R. 7871 and E.O. in § 1499.654 (e) of Supplementary Or­ Administrator of the Office of Price Ad­ 9328, 8F.R. 4681) der No. 4 to Maximum Price Regulation ministration by § 1351.402 (e) of Max­ Issued February 9, 1944. No. 165, each bowling alley shall exhibit imum Price Regulation No. 329, It is here­ by ordered: B irkett L. Williams, a poster in a manner plainly visible to Regional Administrator. the patrons of the establishment, in (a) The maximum price at which any substantially the following form: person may purchase milk from a pro­ [F. R. Doc. 44-2536; Filed,'February 21, 1944; ducer who is a member of the Skagit 5:14 p. m.] OPA"has set a maximum price for bowling County Dairymen’s Association where in Milwaukee County, Wisconsin of 25# per such milk'is delivered to the plant of game. the purchaser shall be 820 per pound [Region VI Order G-7 Under RMPR 122, Each seller shall keep a copy of this or­ milk fat. Amdt. 3] der available for inspection by bowling (b) Definitions. . (1) “Fluid milk” patrons.. t means liquid cow’s milk in a raw, unproc­ Solid Fuels in W illmar, Min n. This order shall become effective Feb­ essed state sold for human consumption Amendment No. 3 to Order No. G-7 ruary 19, 1944. as fluid milk. under revised Maximum Price Regula­ <56 Stat. 23, 765, Pub. Laws 151, 78th. (2) “Producer” means a farmer, or tion No. 122. Solid fuels sold and deliv­ Cong., E.O. 9250, 7 F.R. 7871, E.O. 9328, other person or representative, who owns, ered by dealers. Maximum Prices for 8 F.R. 4681) superintends, manages, or otherwise solid, fuels sold in Willmar, Minnesota. controls the operation of a farm on Pursuant to the authority vested in the Issued this 16th day of February 1944. which milk is produced. Farmers’ co­ regional administrator of Region VI by « ' R ae E. W alters,. - operatives are producers with regard to § 1340.260 of Revised Maximum Price Regional Administrator. all sales of “milk” by them except that Regulation No 122, and for reasons “ milk” processed for them by operators [F. R. Dog. 44-2538; Filed, February 21, 1944; of milk receiving or processing plants stated in the opinion issued herewith, 5:14 p. m.] It is ordered, That section V of the price and except that “milk” handled in physi­ schedule set forth in paragraph (c) (1) cal facilities for receiving, processing or of Order No. G-7 be and it is hereby distributing milk which. are owned or amended to read as follows; leased by the cooperative. [Region VIII Order G-7 Under MPR 280, Cc) This order may be revoked, Amdt. 1 ] Direct Price at amended, or corrected at any time. • Description delivery yard This order shall become effective Feb­ F luid Milk in Burlington, Wash. ruary 2(î, 1844. Amendment No. 1 to Order No. G-7 (56 Stat. 23, 765; Pub. Law 151, 78th V. By Product Coke: 1. Egg, S to v e.N u t.....___i!__ _ $ 14. 85 $14.10 undef Maximum Price Regulation No. Cong.; E.O. 9250, 7 F.R: 7871 and E.O. * > *’ * 280, as amended. Maximum prices for 9328, 8 F.R. 4681) specific food products (milk). Issued this 15th day of February 1944. This Amendment No. 3 to General Or­ For the reasons set forth in an opinion der No. G-7 shall become effective Feb­ issued simultaneously herewith and B en. C. Duniway, ruary 15, 1944. funder the authority vested in the *Re- Acting Regional Administrator. gional Administrator of the Office of [F. R. Doc. 44-2544; Filed, February 21, 1C41; (56 Stat. 23, 765, Pub. Laws 151, 78th Price Administration by § 1351.817a of 5:15 p. m,] Cong., E.O. 9250, 7 F.R. 7871, E.O. 9328, Maximum Price Regulation No. 280, It is 8 F.R. 4681) hereby ordered, That Order No. G-7 be Issued this 14th day of February 1944. amended as follows: (a) Paragraph (a) is hereby amended [Region VIII Order G-33 Under MPR 329] R ae E. W alters, by adding a new paragraph (a) C3) to F luid Milk in State of W ashington Regional Administrator., read as follows: [F. R. Doc. 44-2539; Filed, February 21, 1944; Order No. G-33 under Maximum Price 5:15 p. nr.] (3) Notwithstanding any of the fore­ Regulation No. 329. Purchases of milk going provisions of this paragraph, the from producers for resale as fluid milk in maximum prices at which the Skagit certain localities in the State of -Wash­ County Dairymen’s Association may sell ington. [Region VI Order G-10 Under MPR 165] milk as a handler f. o. b. its plant located For thé reasons set forth in an opin­ B owling in Milwaukee, W is. in Burlington, Washington, shall be 820. ion issued simultaneously herewith and per pound milk fat. under the authority vested in the Re­ Order No. G-10 under Maximum Price gional Administrator of the Office of Regulation No. 165. Services. Bowling .This amendment to .Order No. G-7 shall become effective February 20, 1944. Price Administration by § 1351.402 (c) of prices in Milwaukee County, Wisconsin. Maximum Price Regulation No. 329, It For the reasons set forth in an opinion (56 Stat. 23, 765; Pub. Law 151, 78th is hereby ordered: issued simultaneously herewith, and un­ Cong.; E.O. 9250, 7 F.R. 7871 and E.O. (a) The maximum price at which the der the authority vested in the'Regional 9328, 8 F.R. 4681) Enumclaw Cooperative Creamery Com­ Administrator of the Office of Price Ad­ • Issued this 15th day of February 1944. pany may purchase milk for resale for ministration by section 114 (d) of Max­ human consumption as fluid milk from a imum Price Regulation No. 165; Serv­ B en. C. D uniway, producer member who did not sell milk ices, it is hereby ordered: Acting Regional Administrator. for resale as fluid milk during January, a. What this order covers. This or­ (F. R. Doc. 44-2543; Filed, February 2Í, 1944; 1943, shall be: 850 per pound milk fat de­ der establishes maximum prices for 5:16 p. m.] livered to the purchaser’s plant. No, 39----- 5 2146 FEDERAL REGISTER, Thursday, February 24, 1944 (b) Definitions. (1) All of the terms any rules or regulations promulgated un­ in the Putnam, Connecticut, Area to con­ used in this order shall have the same der any such statutes, concerning .sales sumers. meaning as in Maximum Price Regula­ or deliveries of solid fuels. tion No. 329, unless the context clearly (b) Price Schedule I: Sales on a de­ Per 100 requires otherwise. livered basis. (1) Price Schedule I sets Kind and size net Ü ton H ton lbs. , - (c) This order may be revoked, amend­ forth maximum prices for sale of speci­ ton ed, or corrected at any time. fied kinds, sizes and quantities of solid Pennsylvania anthrac*tef This order shall become effective Feb­ fuels on a “direct delivery” basis at any Broken, egg, stove and ruary 20, 1944. » point in the Putnam, Connecticut, Area. $ 1 5 .7 5 $8 .4 0 $4 .4 5 $0 .9 0 P ea...... ‘___ 1 4 .7 0 . 7 .8 5 4 .2 0 .85 (56 Stat. 23, 765; Pub. Law 151, 78th Buckwheat...... ___ 1 2 .0 5 6 .5 5 3 .5 5 .7 0 4 Rice______.... 1 0 .9 5 6 .0 0 3 .2 5 .65 Cong.;, E.O. 9250, 7 F.R. 7871 and E.O. Per 100 2 .5 0 9328, 8 F.R. 4681) Kind and size net V4 ton J4 ton lbs. Jeddo Highland: ton Egg, stove and chest- Issued this 15th day, of February 1944. nut_____ e...... 1 6 .7 5 8 .9 0 4 .7 0 .95 Coke—Koppers or Provi- Ben. C. Duniway, Pennsylvania anthracite: dence: Broken, egg, stove and Egg, stove and chest- Acting Regional Administrator. $16.75 $8.90 $ 4 .7 0 $ 1 .0 0 chestnut...... 1 5 .5 0 8 .2 5 4 .4 0 .9 0 Pea______1 5 .7 0 8 .3 5 4 .4 5 .9 5 [F. R. Doc. 44-2545; Filed, February 21, 1944; Buckwheat...... 1 3.05 7.05 3.80 .80 5:16 p. m.] Rice...... 1 1.95 a 60 3.5(1 .•7 5 The maximum price for yard sales of Jeddo Highland: 55 pound bags of coke to consumers shall Egg, -stove & chestnut.. •17.76 9 .4 0 4 .9 5 1 .0 5 Coke—Koppers or Provi­ be 65 cents per bag. dence: (2) Quantity and other special dis­ [Region I Order G-52-Under RMPR 122] Egg, stove and chestnut. 16.50 8.75 4.65 .9 5 counts. The provisions of subparagraph Solid F uels in Putnam, Conn., Area (2) of paragraph (b) shall be applicable (2) Quantity and other special dis­ to the foregoing maximum prices for Order No. G-52 under Revised Maxi­ counts. (a) The foregoing per net ton yard sales to consumers. mum Price Regulation No. 122? Solid prices shall be reduced by one dollar (3") Maximum authorized bagging and fuels sold and delivered by • dealers. ($1.00) per ton on sales of railroad car­ deposit" charges, (a) The maximum Specified solid fuels; Putnam, Connecti­ load lots when the entire contents of prices per 55 and 100 pounds are for 55 cut, Area. a railroad car are sold to one purchaser or 100 pounds bagged, exclusive of de­ For the reasons set forth in an opinion at one time. On such sales, the num- posit charges on bag^ furnished by the issued simultaneously herewith and un­ 'ber of tons sold shall be considered to dealer. If the buyer requests such serv­ der the authority vested- in the‘Regional be the number of tons shown on the ice of him, the dealer may make the fol­ Administrator of Region I of the Office railroad’s freight bill for the car, regard­ lowing charges for bagging tons, one- of Price Administration by § 1340.260 of less of the actual number of tbns that half tons and one-quarter tons, exclu­ Revised Maximum Price Regulation No. may be shown by reweighing or un­ sive of deposit charges on bags furnished 122 and the Emergency Price Control Act loading. _ by the dealer: of 1942, as amended, it is hereby ordered: (b) The .foregoing per net ton prices, Cents (a) Maximum prices established by Per net ton______50 including the per net ton prices as re­ Per half-ton______25 this order. The maximum prices estab­ duced in accordance with, subparagraph Per quarter-ton.______15 lished by §§ 1340.252, 1340.254, 1340.256, (a) of this paragraph (b) (2), shall be 1340.257 and 1340.265 of Revised Maxi­ reduced by fifty cents per ton on all (b) The maximum amount which may mum Price Regulation No. 122 for 'sales sales to religious and charitable organ­ be required by the dealer as a deposit of specified kinds of solid fuels .in the izations and institutions. on, or as predetermined liquidated dam­ Putnam, Connecticut, Area by dealers, (3) Maximum authorized service and ages for failure to return, burlap bags and for specified services rendered by deposit charges, (a) The maximum furnished by the dealer shall be 25 cents dealers in connection with the sale or prices per 100 pounds include carrying per bag. handling of said specified solid fuels, are or wheeling to buyer’s bin or storage (d) Terms of sale; sales to consumers. hereby modified, so that the maximum space. If the buyer requests such serv­ If payment is made by the buyer within prices therefore shall be the prices here­ ice of him, the dealer may make the 10 days after receipt of the fuel, the inafter set forth. following charges for carrying or wheel­ maximum prices set forth in paragraphs Maximum prices are established for ing" of quarter-ton and larger quantities (b) and (c) above, including those prices1 (1) sales of various quantities of the to the buyer’s bin or storage space: '« as reduced by any discounts required by specified solid fuels to various classes of subparagraph (2) of paragraph (b) ancf purchasers under Various conditions Of subparagraph (2) of paragraph (c), delivery; and (2) charges which may be Per shall, except in the case of Pennsylvania net Per Per made, in addition to such maximum ton H ton H ton anthracite yard screenings, be reduced by prices for the specified solid fuels, for $1.00 per ton or by 50 cents per half-ton, specified services. For any carry or wheeling from a or by 25 cents per quarter ton, which The geographical applicability of this “direct delivery” point, exclu­ reductions are “cash discounts”. No Order G-52 is explained in paragraph (i) sive of-charges for carries up or 'Cents Cents Cents further discount is required for cash on down flights of stairs...... 50 25 15 and the terms used herein are defined in For any carry up or down flights delivery, and no “cash discount” is re­ .paragraph (g) . of stairs, per flight______60 25 16 quired on sales of Pennsylvania anthra­ Except as otherwise specifically pro­ cite yard screenings or . on any sales of vided herein, the provisions qf Revised less than a quarter-ton. If payment is Maximum Price Regulation No. 122 apply (b) If the buyer requests that fuel de­ not required or made at the time of de­ to all transactions which are the subject livered in burlap bags furnished by the livery or (except in the cases of yard of this Order G-52. Specifically, but dealer be left in the bags, the maximum screenings and less than quarter-ton without limiting the generality of the amount which may be required by the lots) within 10 days thereafter, terms foregoing, the prohibitions, contained in dealer as a deposit on, or as predeter­ shall be net 30 days. .§ 1340.252 apply except to the extent that mined liquidated damages for failure to (e) Price Schedule III: Y-ard sales to this Order G-52 provides uniform allow­ return, the bags shall be 25 cents per bag. dealers. (1) Price Schedule III sets forth ances, discounts, price differentials, serv­ (c) Price Schedule II: Yard sales to maximum prices for sales of specified ice charges, and so forth. Nothing con­ consumers. (1) Price Schedule II sets kinds, sizes and quantities of solid fuels tained in this order shall be so construed forth maximum prices for sales of speci­ delivered at the yarcHof any dealer in as to permit non-compliance with any fied kinds, sizes and quantities, of solid the Putnam, Connecticut, Area to dealers statutes of the State of Connecticut, or fuels delivered at the yard of any dealer in fuels who resell them. FEDERAL REGISTER, Thursday, February 24, 1944 2147 (7) “Providence coke” means the re­ Regulation No. 9 of the Solid Fuels Ad­ Per Kind and size . net M ton H ton tort gas coke produced by the Providence ministration for War for the particular ton Gas Company, Providence, Rhode Island. size. No Pennsylvania anthracite of the (8) “Dealer” means any person selling said sizes which has an ash content in Pennsylvania anthracite: Solid fuel except producers or distribu­ excess of the foregoing shall be sold or . Broken, egg, stove and chestnut. $13. 75 $6.90 $3.45 tors making sales at or from a mine, a 12.70 6.35 3.20 delivered in the area covered by this or­ 10.05 5.05 2.55 preparation plant operated as an ad­ der until the Regional Administrator of 8.95 4.50 2.25 junct of any mine, a coke oven, or a Region I has established a specific maxi­ 2.50 Jeddo highland: briquette plant. mum price therefor in line with the level Egg, stove and chestnut...... 14.75 7.40. 3.7.0 (9) “Direct delivery” means dumping of maximum prices established by this Coke—Koppers or Providence: 13.50 6.75 3_40 or cliuting the fuel from the seller’s truck order. Any dealer who wishes to sell or Egg, stove and chestnut______or wagon directly into the buyer’s bin deliver any such coal shall apply to the or storage space; but, if that is physi­ Regional Administrator for the estab­ (2) Quantity discount. The provisions cally impossible, the term means dis­ lishment of a price, setting forth in his of subparagraph (2). (a) of paragraph charging the fuel directly from the sell­ application: (b) shall be applicable to the foregoing er’s truck at the point where this can (1) The size of the coal and the ash maximum prices for yard sales to dealers. he done which is nearest and most ac­ content upon a dry basis, by weight; (3) Terms of sale. Terms of sale may cessible to the buyer’s bin or storage (ii) xThe tonnage; be net cash, but no additional charge space. (iii) The name and address of the shall be made for the' extension of credit (10) “Carry” and “wheel” refer to the dealer’s supplier; terms of net 30 days or net 10 days E. movement of fuel to buyer’s bin or stor­ (iv) The price paid, f. o. b. supplier’s O. M. age space by wheelbarrow, barrel,- bag, shipping point; (4) Maximum authorized bagging and sack or otherwise from the dealer’s truck (v) The cost of transportation to the deposit charges, (a) If the buyer re­ or wagon, or from the point of-discharge dealer’s yard, dock or other terminal fa­ quests such service of him, the seller ► therefrom, to buyer’s bin or storage cility (net after compensatory adjust­ may make the following charges for bag­ space. ging, exclusive of any deposit charges on ment if the dealer is eligible for such ad­ bags, furnished by the seller: (11) “Yard sales” shall mean deliv­ justment under Revised Compensatory Cents eries made by the dealer in his custom­ Adjustment Regulation No. 1) ;. Per net to"n______50 ary manner at his yard. (vi) Any other pertinent information Per half-tdn______!__ _ 25 (12) Except as otherwise specifically which the Regional Office may request. Per quarter-ton ______15 provided, and unless the context other­ The price will be established either by (b) The maximum amount which may wise requires, the definitions set forth an amendment of this order or by a be required by the seller as a deposit on, in §§ 1340.255 and; 1340.266 of Revised letter to the applicant. or as predetermined liquidated damages, Maximum Price Regulation No. 122 shall ■ (k) Lower prices, permitted. Lower for failure to return, burlap bags f u r ­ apply to the terms used herein. prices than those set forth herein may nished by the seller shall be 25 cents (h) Transportation tax. . Any dealer be charged, paid or. offered. per bag. subject to this order may collect, in ad-' * (1) Posting of maximum prices; sales (f) Temporary price increase, Penn­ dition to the specified maximum prices' slips and receipts. (1) Every dealer sylvania anthracite. The provisions of established herein, provided he states it subject to this order shall post all of the \tegion I Supplementary Order No. 4 separately, the amount of the transpor­ maximum prices established hereby under Revised Maximum Price Regula­ tation tax imposed by section 620 of the which apply to the. types, of sales made tion No. 122 shalh apply to the -prices f or- Revenue Act of 1942 actually paid or in­ by him in his place of business in a man­ Pennsylvania anthracite contained in curred by him, or. an amount equal to the ner plainly visible to and understand­ this order, as long as said Supplementary amount of such tax paid by any bf his. able by the purchasing public, and shall Order No. 4 remains in effect. prior-suppliers and separately stated and keep a copy of this order available for ex­ (g) Definitions. When used in this collected from the dealer by his sup­ amination by any person during ordinary Order G-52, the term: plier; Provided, however, That no part business hours. In the case of'a dealer (1) “Putnam, Connecticut, Area” shall of that tax may be collected in addition who sells. directly to consumers from a include the following cities and towns to the maximum price on sales of lesser truck or wagon, the posting shall be done in the State of Connecticut: Ashford, quantities than one-quarter ton; and on the truck or wagon. All postings shall Brooklyn, Eastford, Killingly, Hampton, Provided, further, That the dealer need include the relevant terms of sale. The Pomfret, Putnam, Thompson, Union and not state separately from his selling price prices established hereby need not be re­ Woodstock. the amount of said tax on a sale to the ported under § 1340.262 (c) of Revised (2) “Specified solid fuels” shall in­ United States or any agency thereof, any Maximum Price Regulation No. 122. clude all Pennsylvania anthracite and state government or any political sub­ (2) Every dealer selling solid fuel for Koppers and Providence coke. division thereof. sales of which a maximum price is set (3) “Pennsylvania anthracite” means (i) Geographical applicability. The by this order shall give to each purchaser coal produced in the Lehigh, Schuylkill maximum prices established, by this or­ an invoice or similar document showing and Wyoming regions in the Common- der for “yard sales” shall apply to all (a) the date of the sale or delivery, the * wealth of Pennsylvania. such sales of the specified solid fuels at name and address, of the dealer and of (4) “Jeddo Highland” means that a yard located in the area covered by the buyer, the kind, size and quantity of Pennsylvania anthracite which is pre­ this order, regardless, of the ultimate the solid fuel sold, and the price charged; pared at Jeddo #7 breaker and High­ destination of the fuel. The maximum and (b) separately stating any special land #5 breaker of the Jeddo Highland prices established by this order for sales , services rendered and other charges made Coal Company, Jeddo, Pennsylvania, and on a delivered basis shall apply to all v and the amount charged therefor. This marketed by said company under the such sales of the specified solid fuels to paragraph shall not apply to sales of trade names “Jeddo Coal,” “Highland purchasers who receive delivery of the quantities of less than one-quarter ton Coal,” or “Hazle Brook Coal.” fuel within the area covered by this or­ unless the dealer customarily gave such (5) “Broken,” “egg,” “stove,” “chest­ der, regardless of whether thq dealer is a statement on such sales. nut,” etc. sizes of Pennsylvania anthra­ located within said area. (3.) In the case of all other sales, every cite refer to the sizes of such coal-pre­ dealer who during December 1941, cus­ pared at the mine in accordance with (j) Quality standards; Pennsylvania tomarily gave buyers sales slips or re­ standard sizing specifications adopted by anthracite. The specific maximum prices ceipts shall continue to do so. If a buyer the Anthracite Emergency ^Committee, set forth in this order for broken, egg, requests of a seller a receipt showing fhe effective December 15, 1941. stove, chestnut, pea, buckwheat and rice name and address of the dealer, the kind, (6) “Koppers coke” means the by­ sizes of Pennsylvania anthracite may b.e size and quantity of the Solid fuel sold to product coke produced by the Koppers charged only for Pennsylvania anthra­ him or the pride charged, the dealer shall Coke Company at its plant in New cite of those sizes the ash content of comply with the buyer’s request as made Haven, Connecticut. which does not exceed that specified in by him. 2148 FEDERAL REGISTER, Thursday, February 24, 1944 (m) Records. Every person making a prices for the specified solid fuels, for delivery or for delivery at one specified sale of solid fuel for which a maximum specified services. time and the dealer may properly, un­ price is set by this order shall keep a The, geographical applicability of this der any orders of the Solid Fuels Admin­ record thereof, showing the date, the Order G-53 is explained in paragraph istration for War which are then in ef­ name and address of the buyer (if (1) and the terms used herein are de­ fect, deliver at least 20 tons to the pur­ known), the per net ton price charged fined in paragraph (g). chaser at the time specified by the pur­ and the solid fuel sold. The solid fuel Except as otherwise specifically pro­ chaser. shall be identified in the manner in vided herein, the provision of Revised . (4) Maximum authorized service and which it is described in this order. The Maximum Price Regulation No. 122 ap­ deposit charges, (a) The maximum record shall also separately state each ply to all transactions which are # the prices per 100 pounds include carrying sefvice rendered and the charge made subject of this Order 0-53. Specifically, or wheeling to buyer’s bin or storage for it. but without limiting the generality of 1 space. If the buyer requests such service (n) Petitions for amendment. Any the foregoing, the prohibitions contained of him, the dealer may make the follow­ person seeking an amendment of kny in § 1340.252 apply except to the extent ing charges for carrying or wheeling of provision of this order may file a peti­ that this Order G-53 provides uniform quarter-ton and larger quantities to the tion for amendment in accordance with allowances, discounts, price differentials, buyer’s bin or storage space: the provisions of Revised Procedural service charges, and so forth. Nothing Regulation No. 1, except that the petition contained in this order shall be so con­ Per Per Per shall be filed in the Boston Regional Of­ strued as to permit non-compliance with net U H fice of the Office of Price Administration. any statutes of the States of Vermont ton ton ton No appeals from a denial in whole or in and New Hampshire, or any rules or part of such petition by the Regional Ad­ regulations promulgated under any such For any carry or wheeling from a “direct delivery” point exclu­ ministrator may be made to the Price statutes, concerning, sales or deliveries sive of charges for carries up or Cents Cents Cents Administrator. of solid fuels. 50 25 15 (o) This order may be revoked, (b) Price Schedule I: Sales on a deliv- * For any carry up or down flights amended or corrected at any time. ,ered b&sis. (1) Price Schedule I sets 60 25‘ 15 N ote: The reporting and record keeping forth base maximum prices for sales of provisions of this order have been approved specified kinds, sizes and quantities of (b) If the buyer requests that fuel de­ by the Bureau of the Budget in accordance solid fuels on a “direct delivery’’ basis livered in burlap bags furnished by the With the Federal Reports Adt of 1942. to consumers at any point in the Bel­ dealer be left in the bags, the maxi­ This Order No. 0-52 shall become ef­ lows Falls Area. mum amount which may be required by fective February 23,1944. the dealer as a deposit on, or as prede­ P er termined liquidated damages for failure (56 Stat. 23, 765; Pub. Law 151, 78th K in d a n d size net ton 100 J4 ton lbs. to return, the bags shall be 25 cènts per Cong.; E.O. <0250, 7 F.R. 7871 and E.O. to n bag. 9328, 8 F.R. 4681) ' (c) Price Schedule II: Yard sales to Pennsylvania anthracite: Issued this 16th day of February 1944. Broken, egg, stove and consumers. (1) Price Schedule H sets F rank D. O’N eil, c h e s tn u t______$16.90 $8.95 $4.75 $1.10 forth maximum prices for sales of speci­ Pea ,,, 14.60 7.80 4. L5 1,00 Acting Regional Administrator. B uckw heat 12.90 6.95 3.75 .90 fied kinds, sizes and quantities of solid R ice...... 1L80 6.40 3.45 .86 fuels delivered at thé yard of any dealer» [F. R. Doc. 44-2583; Filed, February 22, 1944; Y ard screenings______. . 4.00 12:21 p. m.] Teddo highland or Green­ in the Bellows Fqjls Area to consumers. wood: ■ Egg, stove and chest­ n u t______17.16 9.10 4.80 1.10 Per 100 [Region I Order G—53 Under RMPR 122] Coke: Kind and size net ton H ton Egg, stove and chestnut. 16.15 8.60 4.65 1.05 ton lbs. Solid F uels in IJellows F alls Area • . , (Vt. and N. H.) Pennsylvania anthracite: (2) Prices for specified localities, (a) Broken, egg, stove and Order No. G-53 under Revised Maxi­ Thè foregoing base prices in Price Sched­ chestnut______$15.90 $8.45 $4. 5(1 $0.90 Pea__ ___... ______13.60 7.30 3.90 .80 mum Price Regulation No. 122. Solid ule I shall apply to deliveries to consum­ Buckwheat______11.90 6.45 3.50 .70 fuels sold and delivered by dealers. ers whose bins or storage facilities are Rice.______10:80 5.90 3.20 . .65 Specified solid fuels; Bellows Falls Area. located in the following places: Yard screenings______3.50 For the reasons set forth in an opinion Jeddo Highland or Green- The incorporated villages of Bellows Falls wood: issued simultaneously herewith and un­ Egg, stove and chestnut. 16.15 8.60 4.55 .90 and Saxtons River in the township of Rock­ Coke: der the authority vested in the Regional ingham, Vermont. Egg, stove, and chest-- Administrator of Region I of the Office The incorporated village of Westminster nut...... 16. Î5 8.10 4.30 .85 of Price Administration by § 1340.260 of in the township of Westminster, Vermont. Revised Maximum Price Regulation No. The entire township of Walpole, New 122 and the Emergency Price Control Hampshire. Any point within five (5) miles (2) Quantity discount. The provi­ Act of 1942, as amended, it is hereby of the dealer’s yard in the entire remaining sions of subparagraph (3) of paragraph ordered:. portion of. the Area. (b) shall apply to the foregoing maxi­ (a) Maximum prices established by (b) The following amounts may be mum prices for yard sales to consumers. this order. The- maximum prices estab­ added to the foregoing base prices in - (3) Maximum authorized bagging lished by §§ 1340.252, 1340.254, 1340.256, Price Schedule I for deliveries to buyers charges, (a) The maximum prices per 1340.257 and 1340.265 of Revised Maxi­ whose bins or storage facilities are not 100 pounds are for 100 pounds bagged, but mum Price Regulation No. 122 for sales -located in the incorporated villages of do not include the bag. If the buyer of specified kinds of solid fuels in the Bellows Falls, Saxtons River and West­ requests such service of him, the dealer Bellows Falls Area by dealers, and for minster, Vermont, or the township of may make the following charges for bag­ specified services rendered by dealers in Walpole, New Hampshire, and are lo­ ging tons, one-half tons, and one-quarter connection with the sale or handling of cated more than five (5) miles from the tons, exclusive of any charges for bags , said specified solid fuels, are hereby dealer’s yard: furnished by the dealer: modified, so that the maximum prices Amount of Cents therefor shall be the prices hereinafter Distance (miles) : • Addition Per net ton______50 More than 5, but not more than 7__ $0.60 Per half-ton_____ I______25 set, forth. More than 7, but not more than 10_1.00 Per quarter ton______1______15 Maximum prices are established for More than 10_<____; ______1. 50 (1) sales of various quantities of the (b) The maximum amount which may specified solid fuels to various classes of (3) Quantity discount. The foregoing be charged by the dealer as a deposit on, purchasers under various conditions of per net ton prices shall be reduced by or as predetermined liquidated damages delivery; and (2) charges which may 50 cents per ton when the purchaser for failure to return, burlap bags fur­ be made, in addition to such maximum orders 20 or more net tons for immediate nished by him shall be 25 cents per bag. FEDERAL REGISTER, Thursday, February 24, 1944 2149 (d) Terms of sale; sales to consumers. In New Hampshire: Alstead and Walpole. state separately from his selling price the If payment is made by the buyer within In Vermont: Athens, Grafton, Rockingham amount of said tax on a sale to the United 15 days after receipt of the fuel, the and Westminster. States or any agency thereof, any state maximum prices set forth in paragraphs (2) “Specified solid fuels” shall include government or any political subdivision (b) and (c) including those prices as all Pennsylvania anthracite and coke. thereof. reduced by the quantity discount re­ ► (3) “Pennsylvania anthracite” means (i) Geographical applicability. The quired by subparagraph (3) of paragraph coal produced in the Lehigh, Schuylkill maximum prices established by this (b) and subparagraph (2) of paragraph and Wyoming regions in the Common­ order for “yard sales” shall apply to all (c) , shall, except in the case of Penn­ wealth of Pennsylvania. * such sales of the specified solid fuels at a sylvania Anthracite yard screenings, be (4) “Jeddo Highland” means that yard located in the area covered by this reduced by $1.00 per ton, or by 50 cents Pennsylvania anthracite which is pre­ order, regardless of the ultimate destina­ per half-ton, or by 25 cents per quarter- pared at Jeddo #7 breaker and High­ tion of the fuel. The maximum prices ton, which reductions are “cash dis­ land #5 breaker of the Jeddo Highland established by this order for sales on a counts.” No further discount is required Coal Company, Jeddo, Pennsylvania, and delivered basis shall apply to all such for cash on delivery, and no “cash dis­ marketed by said company under the sales of the specified solid fuels to pur­ count” is required on sales of Pennsyl­ trade names “Jeddo Coal,” “Highland chasers who receive delivery of the fuel vania Anthracite yard screenings or on Coal,” or “Hazle Brook Coal.” within the area covered by this order, any sales of less than a quarter-ton. If (5) “Greenwood” means that Penn­ regardless of whether the dealer is lo­ payment is nof required or made at the sylvania anthracite which is produced cated within said area. time of delivery or (except in the cases by Lehigh Navigation Coal Company, (j) Quality standards; Pennsylvania of yard screenings and less than quarter- Philadelphia, Pennsylvania, and mar­ anthracite. The specific maximum ton lots) within 15 days thereafter, terms keted under the trade name “Old Com­ prices set forth in this order for broken, shall be net 30 days. pany’s Lehigh Greenwood Premium An­ egg, stove, chestnut, pea, buckwheat and (e) Price Schedule 111: Yard sales to thracite.” rice sizes of Pennsylvania anthracite may dealers. -(1) Price Schedule III sets (6) “Broken,” “egg,” “stove,” “chest­ be charged only for Pennsylvania an­ forth maximum prices for sales of speci­ nut,” etc., sizes of Pennsylvania anthra­ thracite of those sizes the ash content of fied kinds, sizes and quantities of solid cite refer to the sizes of such coal pre­ which does not exceed that specified in fuels delivered at the yard of any dealer pared at the mine in accordance with Regulation No. 9 of the Solid Fuels Ad­ in the Bellows Falls Area to dealers in standard sizing specifications adopted ministration for War for the particular fuels who resell them. by the Anthracite Emergency Commit­ size. No Pennsylvania anthracite of the tee, effective December 15, 1941. * said sizes which has an ash content in Per (7) “Dealer” means any person sell­ excess of the foregoing shall be sold or Kind and size net 14 ton ing solid fuel except producers or dis­ delivered in the area covered by this or­ ton tributors making sales at or from a mine, der until the Regional Administrator of a preparation plant operated as an ad­ Region I has established a specific maxi­ Pennsylvania anthracite: Broken, egg, stove, and chest- junct of any mine, a coke oven, or a mum price therefor in line with the level $14. 40 $7.20 briquette plant. of maximum prices established by this Pea _ . 12.10 6.05 order. Any dealer who wishes to sell or 10.40 5.20 (8) “Direct delivery” means dumping Bice...... •_____ 9.30 4.65 or chuting the fuel from the seller’s deliver any such coal shall apply to the Yard screenings______3. SO Regional Administrator for the estab­ Jeddo Highland and Greenwood: truck or wagon directly into the buyer’s 14.65 7.35 bin or storage space; but, if that is phys­ lishment of a price, setting forth in his Coke: ically impossible, the term means dis­ application: 13.65 6.85 charging the fuel directly from the (i) The size of the coal and the ash seller’s truck at the point where this can content upon a dry basis, by weight; (2) Maximum authorized bagging be done which is nearest and most ac­ (ii) The tonnage; charges, (a) If the buyer requests such cessible to the buyer’s bin or storage (iii) The name and address of the service of him, the seller may make the space. dealer’s supplier; following charges for bagging tons, one- (9) “Carry” and “wheel” refer to the (iv) The price paid, f. o. b. supplier’s half tons and one-quarter tons, exclusive movement of fuel to buyer’s bin or stor­ shipping point; of any charges for bags furnished by the age space by wheelbarrow, barrel, bag, (v) The cost of transportation to the seller: sack or otherwise from the dealer’s truck dealer’s yard, dock or other terminal fa­ Cents or wagon, or from the point of discharge cility (net after compensatory adjust­ Per net ton______50 therefrom, to buyer’s bin or storage ment if the dealer is eligible, for such Per half-ton______'______25 adjustment under Revised Compensatory Per quarter-ton______15 space. (10) “Yard sales” shall mean deliv­ Adjustment Regulation No. 1); (b) The maximum amount which may eries made by the dealer in his custom­ (vi) Any other pertinent information be charged by the seller as a deposit on, ary manner at his yard. which the Regional Offlce may request. or as predetermined liquidated charges (ft) Except as otherwise specifically The price will be established either by for failure to return burlap bags fur­ provided, and unless the context other­ an amendment of this order or by a nished by him shall be 25 cents per bag. wise requires, the definitions set forth letter to the applicant. (3) Terms of sale. Terms of sale may in §§ 1340.255 , and 1340.266 of Revised (k) Lower prices permitted. Lower be net cash, but no additional charge Maximum Price Regulation No. 122 shall prices than those set. forth herein may shall be made for the extension of credit apply to the terms used herein. be charged, paid or offered. terms of net 30 days, or net 10 days (h) Transportation tax. Any dealer (l) Posting of maximum prices: Sales E. O. M. subject to this order may collect, in ad­ slips and receipts. (1) Every dealer sub­ (f) Temporary price increase; Penn­ dition to the specified maximum prices ject to this order shall post all of the sylvania anthracite. The provisions of established herein, provided he states it maximum prices established hereby Region I Supplementary Order No. 4 separately, the amount of the transpor­ which apply to the types of sales made under Revised Maximum Price Regula­ tation tax imposed by section 620 of the by him in his place of business in a man­ tion No. 122 shall apply to the prices Revenue Act of 1942 actually paid or in­ ner plainly visible to and understandable for Pennsylvania anthracite contained curred by him, or an amount equal to the by the purchasing public, and shall keep in this order, as long as said Supple­ amount of such tax paid by any of his a copy of this order available for exam­ mentary Order No. 4 remains in effect. prior suppliers and separately stated and ination by any person during ordinary (g) Definitions. When used in this collected from the dealer by his supplier: business hours. In the case of a dealer Order G-53, the term: Provided, however, That no part of that who sells directly to consumers from a (1) “Bellows Falls Area” shall include tax may be collected in addition to the truck or wagon, the posting shall be the entire area of the following cities, maximum price on sales of lesser quan­ done on the truck or wagon. All post­ towns and townships in the states of New tities than one-quarter ton: And pro­ ings shall include the relevant terms of Hampshire and Vermont: vided further, That tfie dealer need not sale. The prices established hereby need 2150 FEDERAL REGISTER, Thursday, February U, 1944 not be reported under § 1340.262 (c) of Maximum prices for specified solid fuels There are no quantity discounts ex­ Revised Maximum Price Regulation No. in the Parkersburg, West Virginia, Area. cept those set forth above in this price 122. For the reasons stated in an opinion schedule. (2) Every dealer selling solid fuel for issued simultaneously herewith and un­ All terms used herein to describe size, sales of which a maximum price is set der the authority vested in the Regional volatility and producing district are by order shall give to each pur­ Administrator of Region III of the Of­ those that were established and defined chaser an invoice or similar document fice of Price Administration by § 1340.260 by the Bituminous Coal Division and in showing (a) the date of the skle or de­ of Revised Maximum Price Regulation effect as of midnight, August 23,1943. livery, the name and address of the No. 122, it is hereby ordered; (d) The maximum prices for all sales dealer and of the buyer, the kind, size, (a) What this order does- This order by dealers of solid fuel not provided for and quantity of the solid fuel sold, and establishes maximum prices for sales of by this Order No. G-18 shall be the the price charged; and (b) separately specified solid fuels made-within the City maximum prices established by Revised stating any special services rendered and of Parkersburg, West Virginia, and with­ Maximum Price Regulation No. 122. other charges made and the amount in a radius of five miles from the corpo­ (e) Schedule of services and credit charged therefor. This paragraph shall rate limits thereof. These are the high­ charges. This schedule sets forth maxi­ not apply to sales of quantities of less est prices that any dealers may c.harge mum prices which a dealer may charge than one-quarter ton unless the dealer when Jhe delivers such fuel at or to a for special services rendered in connec­ customarily gave such a statement on point in such area; they are also the tion with all sales under paragraph (c). such sales. highest prices that any buyer in the These charges may be made only if the (3) In the case of all other sales, course of trade or business may pay for buyer requests such service of the dealer every dealer who during December, 1941, them. and only when the dealer renders the customarily gave buyers sales slips or. (b) What this order prohibits. Re­ service. Every service charge shall be receipts shall continue to do so. If a gardless of any obligation, no person separately stated in the dealer’s invoice. buyer requests of a seller a receipt show­ shall: Per ton ing the name and address of the dealer, (1) Sell or, in the course of trade or Shovelling as herein defined------— $0. 50 the kind, size and quantity of the solid business, buy solid fuels at prices higher Carrying or wheeling from curb------1.00 fuel sold to him or the price charged, than the maximum prices set by this Carrying up or down stairs______- 1.00 the dealer shall comply with the buyer’s Order No. G-18; but less than maximum (f) The transportation tax. The, trans­ request as made by him. prices may at any time be charged, paid portation tax imposed by section 620 of (m) Records. Every person making a or offered; the Revenue Act of 1942 may be collected sale of solid fuel for which a maximum (2) Obtain a higher than ceiling price in addition to the maximum prices set price is set by this order shall keep a by: by this order, provided the dealer states record thereof, showing the date, the (i) Charging a price higher than the it separately from the price on his in­ name and address of the buyer (if scheduled price for a service or making voice or statement. However, it need known), the per net ton price charged a charge for a service not authorized by not be so separately stated on a sale and the solid fuel sold. The solid fuel this order, to the United States or any agency there­ shall be identified in the manner in (ii) Making a charge higher than the of, the District of Columbia, any state which it is described in this order.' The scheduled charge authorized for the ex­ government or any political subdivision record shall also separately state each tension of credit, thereof. service rendered and the charge made (iii) Using any other device by which (g) Addition of increase in suppliers for it. a higher than maximum price is ob­ prices prohibited. The maximum prices (n) Petitions for amendment. Any tained, directly or indirectly, prices set by this order may not be in­ person seeking an amendment of any (iv) Using any tying agreement or creased by a dealer to reflect increases in provision of this Order may file a peti­ requiring that the buyer purchase any­ purchase costs or in supplier’s maximum tion for amendment in accordance with thing in addition to the fuel requested prices occurring after the effective date the provisions of Revised Procedural by him, except that a dealer may com­ hereon; but increases in the maximum Regulation No. 1, except that the pe­ ply with any requirements or standards prices set hereby to reflect such increases tition shall be filed in the Boston Re­ with respect to deliveries which have are within the discretion of the Regional gional Office of the Office of Price Ad­ been or may be issued by an agency of Administrator. ministration. No appeals from a denial the United States Government. (h) Petitions for amendment. Any in whole or in part of such petition by (c) Schedule for sales of coal. This person seeking an amendment of any pro­ the Regional Administrator may be made schedule sets forth maximum prices for vision of this order may file a petition to the Price Administrator. cash sales of specified sizes, kinds and for amendment in accordance with the (o) This order may be revoked, amend­ quantities of solid fuels.. Column I de­ provisions of Revised Procedural Regu­ ed or corrected at any time. scribes the coal for which prices are es­ lation No. 1 except that the petition shall Note: The reporting and record keeping tablished; Column II shows maximum be filed with tfie Regional Administrator provisions of this ©rder have been approved prices for cash or credit sales on a “direct and acted upon by him. by the Bureau of The Budget in accordance delivery” basis; Column III shows max­ (i) Applicability of other regulations. with the Federal Reports Act of 1942. imum prices for cash or credit “yard Every dealer subject to this order is gov­ This Order No. G-53 shall become ef­ sales” to other dealers or to consumers. erned by the licensing provisions of Sup­ fective February 24, 1944. All prices are on a net ton basis. plementary Order No. 72, effective Oc­ tober 1, 1943. <56 Stat. 23, 765; Pub. Law 151, 78th (j ) Right of amendment or revocation. Cong.; E.O. 9250, 7 F.R. 7871 and,E.O. Column Column Column I II III The Regional Administrator or Price 9328, 8 F.R. 4681) Administrator may amend, revoke, or

Issued this 17th day of February 1944. I . H i g h v o l a t i l e b i t u m i n o u s rescind this order, or any provision F rank D. O’Neil, COALS FEOM PRODUCING DISTRICT thereof, at any time. Acting Regional Administrator. NO. 3 (FAIRMONT) (k) Records. Every person .making a (a) Lump: sale of solid fuel for which a maximum [F. R. Doc. 44-2582; Filed, February 22, 1944; Orders and deliveries in lots of— Per ton Per ton price is set by this order shall keep a 12:21 p. m.] 1 ton...... ______$5.90 $5.05 2 tons______5.75 5.05 record thereof showing the date, the 3 tons ______" _____ -i~ 5.65 6.05 name and address of the buyer, if known, 4 tons...... —...... 5.55 6.05 Percwt. the per net ton price charged and the [Region in Order G-18 Under RMPR 122] Less th a n l ton...... 6.38 .3 0 type and kind of solid fuel sold. The (b) Stoker: solid fuel shall be. identified in the man­ S olid F uels in P arkersburg, W. Va., Area Orders and deliveries in lots of— Per ton lto n ... ______5. 80 5.10 ner in which it is described in the order. 2 tons______5.70 5.10 The record shall also separately state Order No. G-18 Under Revised Maxi­ ' 3 tons______— ------6.60 5.10 mum Price Regulation No. 122. Solid 4 tons______5.50 5.10 each service rendered and the charge fuels sold and delivered by dealers. -• • made for it. FÉDÉRAL ÉËCrlSTËÎt, Thursday, February 24, 1944 2151 (1) Posting of maximum prices; sales order supersede Revised Maximum Price (2) Any maximum price established slips. (1) Each dealer subject to this Regulation No.'122. by such dealer under the provisions of order shall post all the maximum prices Note: The reporting and record keeping Revised Maximum Price Regulation No. set by it for all his types of sales. He provisions of this order have been approved 122. shall post his prices in his place of busi­ by the Bureau of the Budget In accordance (b) All customary allowances, dis­ ness in a manner plainly visible to and with the Federal Reports Act of 1942. counts and price differentials shall be understandable by the purchasing public. This Order No. G-18 under Revised maintained. He shall also keep a copy of this order Maximum Price Regulation No. 122 shall (c) This order may be amended, modi­ available for examination by any person become effective February 15, 1944. fied or revoked at any time by the Office inquiring as to his prices for solid fuel. of Price Administration. No report of the maximum prices estab­ (56 Stat. 23, 765; Pub. Laws 151, 78th . This order shall become effective Feb­ lished by this order need be made by any Cong.; E.O. 9250, 7 F.R. 7871, and E.O. ruary 11, 1944. 9328, 8 F.R. 4681) dealer under § 1340.262 (c) of Regulation <56 Stat. 23, 765, Pub. Laws 151, 78th No. 122. Issued February 11, 1944. (2) Every dealer selling solid fuel for Cong.; E.O. 9250, 7 F.R. 7871 and E.O. sales of which a maximum price is set Birkett L. Williams, 9328, 8 F.R. 4681) by this order shall, within thirty days Regional Administrator. Issued February 11, 1944. after the date of delivery of the fuel, give [F. R. Doc. 44-2581; Filed, February 22, 1944; Birkett L. Williams, to the buyer a statement showing: the 12:21 p. m.J Regional Administrator. date of the sale, the name and address [F. R. Doc. 44-2580; Filed, February 22, 1944; of the dealer and of the buyer, the kind, [Region III Order G-40 Under RMPR 122] size, and quantity of the solid fuel sold, 12:21 p. xn.] the price charged and separately stating Coke in Youngstown/ Ohio, Area any item which is required to be sep­ Order No. G-40 under Revised Maxi­ arately stated by this order. mum Price Regulation No. 122. Solid \ Region v m Order Gr-3 Under MPR 418, (m) Enforcement. (1) Persons vio­ fuels sold and delivered by dealers. Amdt. 1 ] * lating any provision of this order are Sales of certain coke in the Youngstown, Smelt in San F rancisco R egion subject to civil and criminal penalties, Ohio, Area. including suits for treble damages, pro­ For the reasons set forth in an opinion Amendment No. 1 to Order No. G-3 vided for by the Emergency Price Control issued simultaneously herewith and un­ under Maximum Price Regulation No. Act of 1942, as amended. • der the authority vested in the Regional 418, as amended. Fresh fish and sea­ (2) Persons who have any evidence of Administrator of the Office of Price Ad­ food. any violations of this order are urged to ministration by § 1340.259 of Revised For the reasons set forth in an opinion communicate with the Charleston Dis­ Maximum Price Regulation No. 122, It is issued simultaneously herewith and un­ trict Office of the Office of Price Admin­ hereby ordered: der the authority vested in the Regional istration. (a) Any dealer in solid fuels in the Administrator of the Office of Price Ad­ (n) Definitions and explanations. (1) City of Youngstown, Ohio, may, for all ministration by section 20 (a) of Maxi­ “Person” includes an individual, corpo­ sales of coke which is shipped into mum Price Regulation No, 418, para­ ration, partnership, association^ any Youngstown from coke ovens in Massil­ graph (a) is hereby amended to read as other organized group of persons, legal lon, Ohio, and which is sold and deliv­ set forth below: successor or representative of any of the ered in Youngstown, Ohio, may charge (a) The maximum prices for sales of foregoing, and includes the United States, and receive not in excess of the higher smelt (Eulachon or Thaleichthys Pa- any agency thereof, any other govern­ of the following amounts: cificus) in Region VEtl of the Office of ment, or any of its political subdivisions, (1) $10.09 per ton. Price Administration shall be as follows: and any agency of any of the foregoing. (2) “Sell” includes sell, supply, dis­ pose, barter,.exchange, lease, transfer and Price Per Name Style of in cents pounds deliver, and contracts and offers to do dressing Size (Bulk) (cents) any of the foregoing. The terms “sale”, ex-vessel (boxed) “selling”, “sold”, “seller”, “buy”, “pur­ chase”, and “purchaser” shall be con­ Table A: Producers...... Smelt...... All 3 H 5 Table B: Primary fish shipper sales...___ . Smelt...... All 6 Yt strued accordingly. Table C: Retailer owner cooperative sales... Smelt...'___ _ Round, r...... All...... 8 (3) “ Dealer” means any person selling Table D: Cash and carry sales___ , ___ Smelt...... All 9 solid fuel except producers or distributors Table E: Service and delivery sales___ .... Smelt, All.. M H making sales at or from a mine, a prep­ aration plant operated as an adjunct of This amendment shall become effec­ Administrator of Region I of the Office of any mine, a coke oven, or a briquette tive 8:00 o’clock p. m., February 19,1944. Price Administration by §§ 1340.259 (a) plant. (56 Stat. 23, 765; Pub. Law 151, 78th (1) and 1340.260 of Revised Maximum (4) “Direct delivery” means dumping Cong.; E.O. 9250, 7 F.R. 7871, and E.O. Price Regulation No. 122 and the Emer­ or chuting the fuel from the seller’s 9328, 8 F.R. 4681) gency Price Control Act* of 1942, as truck directly into the buyer’s bin or amended, Region I Supplementary Order storage space; but, if this is physically Issued this 16th day of February 1944. No. 2 under Revised Maximum Price Reg­ impossible, the term means discharging Chas. R. Baird, ulation No. 122 is hereby amended in the the fuel directly from the seller’s truck Acting Regional Administrator. following respëcts: at a point where this can be done and at 1. The following is added to the table the point nearest and most' accessible to [F. R. Doc. 44-2585; Filed, February 22, 1944; in paragraph (a) : the buyer’s bin or storage space. 12:22 p. m.] (5) “Yard sales” shall mean sales and deliveries made by the dealer in his cus­ Amount of addition tomary manner at his yard. [Region. I Supp. Order 2 Under RMPR 122, Kind and size Per Per Per . Per (6) “Shoveling” is defined to mean the Amdt. 1] _ net H 100 unloading of the truck by shovel, rather ton ton ton ibs. than by dumping. P ennsylvania Anthracite in New (7) Except as otherwise provided here­ England R egion Legitts Creek or Black Stork: in or as the context may otherwise re­ Amendment No. 1 to Supplementary Egg, stove, chestnut, pea, quire, the definitions set forth in Order No. 2 under Revised Maximum buckwheat, and rice__ $0.25 $0.15 $0.05 None §§ 1340.255 and 1340.266 of Revised Max­ Price Regulation No. 122. Solid fuels imum Price Regulation No. 122, as sold and delivered by dealers. Named amended, shall apply to the terms used Pennsylvania anthracites. 2. Subparagraph (10) is added to par­ herein, and in full force and effect. For the reasons set forth in an opinion agraph (d), to read as follows: (o) Applicability of this order. To the issued simultaneously herewith and un­ (10) “Legitts Creek” and “Black Stork” extent applicable, the provisions of this der the authority vested in the Regional both mean that Pennsylvania anthra- 2152 FEDERAL' REGISTER, Thursday, February 24, 1944

cite which is produced and prepared by Williamstown breaker ot the Franklin- For the reasons set forth in an opinion Penn Anthracite Collieries Company, Lykens Coal Company, Ashland, Penn­ issued simultaneously herewith and un­ Scranton, Pennsylvania, and which meets sylvania, and marketed under the trade der the authority vested in the Regional the quality and preparation standards name “The Only Genuine Franklin Coal Administrator of the Office of Price Ad­ established by Order No. 5 under Maxi­ of Lykens Valley.” ministration by § 1390.25a of Maximum mum Price Regulation No. 112. This amendment No. 5 to Order No. Price Regulation No. 136 as amended, This Amendment No. 1 shall become G-9 shall, become effective March 1,1944. It is hereby ordered: effective February 24, 1944. (a) The adjusted maximum prices (56 Stat. 23, 795; Pub. Law 151, 78th which may be charged for inside curing (56 Stat. 23, 765; Pub. Law 151, 78th Cong.; E.O. 9250, 7 F.R. 7871 and E.O. rims, size 4 inches to 5Viq inches, man­ Cong.; E.O. 9250, 7 F.R. 7871, and E.O. 9328, 8 F.R. 46?1) ufactured by Steel Forming Corporation, 9328, 8 F.R. 4681) / Issued this 22d day of February 1944. Los Angeles, California, or its receivers, Issued this 17th day of February 1944. K enneth B. Backman, trustees, or successors are established to F rank D. O’Neil, Regional Administrator. be as follows: Acting Regional Administrator, (1) For sales by the manufacturer, the [F. R. Doc. 44-2596; Filed, February 22, 1944; adjusted maximum net price shall be [F. R. Doc. 44-2584; Filed, February 22, 1944; 4:50 p. m.] $14.50 per rim. 12:22 p. hi.] (2) For resales at wholesale by Bal­ loon Tire Mould Company, Los Angeles, [Region VIII Order G-2 Under 18 (c), California, the adjusted maximum net I Region VI Order G -ll Under RMPR 122] Amdt. 21] price shall be $18.50 per rim. S olid Fuels in the Chicago Area (3) For resales at retail by any deal­ F luid Milk in Certain Localities in er whose place of business is located Correction California within the Eighth Region of the Office In F.R. Doc. 44-1256, appearing on Amendment No. 21 .to Order No. G-2 of Price Administration, the adjusted page 956 of the issue for Wednesday, under § 1499.18 (c) of the General Max­ maximum price shall be $24.20. January 26, 1944, the column 6 price for imum Price Regulation, as amended. (b) This order may be amended, re­ item I, 7 of the table under paragraph Fluid milk prices at wholesale and retail voked, or corrected at any time.