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Washington, Tuesday, April 11, 1944

The President Distance CONTENTS Monument to monument Bearing (feet) THE PRESIDENT

E x e c u t i v e O rdei^: Page EXECUTIVE ORDER 9434 25 26______N . 37°11'10" W. 49.7 26 27______N . 74°38'50" W. 43.8 Naval Radio Station, Summit, N a v a l R a d io S t a t io n , S u m m i t , C a n a l Z o n e 27 28 ...... N . 54°39'20" W . 1,109.9 Canal Zone____,______3829 28 2 9 ______N . 31°10'30" W . 417.9 By virtue of the authority vested in 20 3 0 ______S . 81°12'30" W. 12.4 30 31 N. 8°03'40"W. 138.4 REGULATIONS AND NOTICES me by section 5 of title 2 of the Canal 31 32______N . 7°04'40" E. 60.2 Zone Code, approved June 19, 1934, and 32 33______N. 7

CONTENTS—Continued CONTENTS—Continued

N avy D epartment : Pag® O f f ic e o f P r ic e A dministration — Advertising, commercial; photo­ Continued. Page FEDEBAL^REGISTER graphs of naval subjects___ 3860 Virgin Islands (M PR 395, Am. Marine' Corps; promotion, sep­ 17)_,______3857 aration______3859 P e t r o l e u m A dministration f o r Office of D efense T ransportation : W a r : Delegated authority, exercise Material conservation, market­ Published daily, except Sundays, Mondays, (A. O. ODT 23)____ 3861 ing (PAO 12, as amended) _ 3858 and days following legal holidays, by the Office of P rice Administration: Naphtha, marketing (PDO 18, Division of the Federal Register, The National Archives, pursuant to the authority contained Adjustments, etc.; Am. 1 )______3859 in the Federal Register Act, approved July 26, Comfort Run Coal Co______3872 S e c u r it ie s a n d E x c h a n g e C o m m i s ­ 1935 (49 Stat. 500, as amended; 44 U.S.C., Congress Coal Co______3873 s i o n : ch. 8B), under regulations prescribed by the Dartmont Coal Co______3872 Hearings, etc.: Administrative Committee, approved by the Diamond “D ” Coal Co______3873 Bankers Securities Corp______3889 President. Distribution is made only by the General Electric Co., Bridge­ Consolidated Electric and Gas Superintendent of Documents, Government port, Conn______3874 Co. and Central Public Printing Office, Washington, D. C. The regulatory material appearing herein is Gulf Oil Corp______3852 Utility Corp______3888 keyed to the Code of Federal Regulations, Heinz, H. J., Co— ...... 3873 North American Light and which is published, under 50 titles, pursuant Ramsey and Siler______3872 Power Co., et al______3887 to section 11 of the Federal Register Act, as Standard Manufacturing Co. 3873 Northern Indiana Public Serv- amended June 19, 1937. Building brick (MPR 188, Am. iceCo------3888 The Federal R egister will be furnished by 31)______3858 Union Electric Co! of Mis­ mail to subscribers, free of postage, for $1.50 Carrier services (SR 15, Am. 24.) _ 3858 souri------3888 per month or $15.00 per year, payable in ad­ 1 Castings, nonferrous (RMPR West Penn Power Co______3889 vance. The charge for individual copies S t a t e D e p a r t m e n t : (minimum 15tf) varies in proportion to the 125, Am. 4 )___ 3856 size of the issue. Remit or money Charcoal (MPR 431, Am. 8)___ 3848 Blocked nationals; proclaimed order, made payable to the Superintendent Chrome ores (MPR 258, Am. 4) _ 3857 list------:______..._____ 3833 of Documents, directly to the Government Fuel oil, etc. (MPR 88, Am. 4) __ 3849 W ag e a n d H o u r D i v i s i o n ': Printing Office, Washington, D. C. Logs, West coast (RMPR 161, Clyde Co., notice of de­ There are no restrictions on the republica­ Am. 12)______w ______. . . 3848 nial of petition, etc______3865 tion of material appearing in the Federal Malt dried grain, etc. (MPR Puerto Rico, acceptance of res­ R egister 526)______3853 ignation from and appoint­ Manganese ores (M PR 248, Am. ment to special industry 4 )______3856 committee______:______3865 NOTICE Meat, fats, fish and cheëses (RO W ar F o o d A dministration : 16, Am. 126)______3848 Margarine (FDO 42, Am. 5 ).___ 3832 The Cumulative Supplement to Motor vehicles, used commercial Oilseed, set aside requirements the Code of Federal Regulations, (RMPR 341, Am. 2 )______3847 for processors (FPO 9, Rev. covering the period from June 2, Pressure vessels, used (MPR 3, Dir. Order 8 )______3831 193$, through June 1, 1943, may be 465, Am. 4) _____I______3855 W ar P r o d u c t io n B o a r d : Petroleum, crude, etc. (MPR 436, obtained from the Superintendent distribution Am. 11)______3851 (M -317)______,____ 3836 of Documents, Government Printing Regional and district office or­ Furniture (L-260, Rev-.)______3844 Office, at $3.00 per book. The follow­ ders : Furniture and furniture parts ing are now available: Community ceiling price or­ (L-260-a)____ 3844 Book 1: Titles 1-3 (Presidential doc­ ders; list of orders filed Lumber consumers’ require­ uments) with tables and index. (2 documents)______3886,3887 ments (L-335)______3846 Fruits arid vegetables, Cali­ Paper and paperboard, conser­ Book 2: Titles 4-9, with index. fornia______3876 vation (M-241-a, incl. Int. Book 3: Titles 10-17, with index. Milk: 1, 2)__------: ______3834 Massachusetts______3877 Plumbing and Heating Division San Francisco region______3876 (M-293, Table 14)___ 3833 Solid fuels: CONTENTS—Continued Seasonal businesses, increased Alliance, Ohio______3875 quotas (CMP Reg. 5, Int. I nterstate C o m m erce C o m m is ­ Bradford County, P a______3881 12).______3846 s io n — Continued. Brattleboro - Keene, V t . - Reconsignment permits, etc.: PaSe N. H ______* 3876 Barley, Canadian malting; Hudson County, N. J______3879 located 37 y2 feet southwesterly from the cen­ Duluth, Minn______3870 Knoxville, Tenn______3886 terline of La Pita Road, the geographic posi­ Coal, Harrisburg Pa______3871 Lansing, Mich_____ ,______3875 tion of which is 9° 04' plus 806.2 feet North and 79°39' plus 4828.5 feet West from Green­ Fats and oils______.______3870 Michigan, designated areas. 3874 wich, monument No. 53-1, which is a 2 y2 Omaha, Nebr______3871 Middlesex County, N. J____ 3877 Pennsylvania, designated inch galvanized iron pipe, being in line 180.5 Grapefruit; Kansas City, Mo_ 3867 feet from the beginning of the course; counties______3883 Potatoes: Southeasterly along a line parallel to and Toledo, Ohio______3874 Colorado, Nebraska, Wyo­ 37 y2 feet southwesterly from the centerline Warren, Ohio______3875 ming— ______3871 of La Pita Road to monument No. 55, which is Danville, 111______3870 Youngstown, Ohio______3875 a concrete post, 8 inches square, the direct Kankakee, 111. (2 docu­ Rubber: bearing and distance from No. 54 to No. 55 ments) 3870 Reclaimed (RPS 56, Am. 4 )._ 3852 being S. 60°50'50" E., 1261.7 feet; Milwaukee, Wis______3870 Scrap (RPS 87, Am. 10)_____ 3852 S. 58°54'20'' E., 902.7 feet to monument No. Shortening: Sewing machines, used indus­ 56, which is a concrete post, 8 inches square; Berkeley, Calif— —______3871 trial (M PR 375, Am. 2 )__3855 S. 58°55'20" E., 515.0 feet to monument No. Memphis, Tenn______3871 Sugar (Rev. RO 3, Am. 8 )___ 3847 57, which is a corner post of a woven wire Tomatoes; Chicago, 111______3869 Tire regulations; Puerto Rico fence that encloses the southern portion of L abor D e p a r t m e n t : (RO IB, Am. 6 )______3849 the Naval Radio Station, Summit, Canal Zone; Deep Rock Oil Co.; finding con­ Tools, second-hand machine; S. 58°54'00" E., 1657.0 feet to monument cerning transportation of registration of dealers (Li­ No. 58, which is a corner post in a woven wire petroleum products______3865 censing Order 3, Am. 1 )___ 3852 fence; FEDERAL REGISTER, Tuesday, A p ril 11, 1944 3831

S. 69°09'30" E., 69.8 feet to monument No. vision No. 3 (8 F.R.~ 16960), issued on sible for their issuance directly to the 59, which is a corner post in a woven wire December 18, 1943, and to effectuate the processor and a copy shall be sent to the fence; purposes of such order pertaining to set designated buyer. The designated buyer N. 81°59,30" E., 61.7 feet, to monument No. aside requirements for oilseed meal pro­ and the procéssor shall arrange the de­ 60, which is a corner post in a woven wire fence; duced by processors, and to secure an tails of transfer of materials designated S. 51°40'40" E., 52.1 feet to monument No. equitable distribution of such oilseed on the certificate, using such interme­ 1, which is the point of beginning. meal, it is hereby ordered, that: diary parties as the processor may desig­ The tract as described contains an area, of nate. The processor who delivers such § 1220.10 Set aside requirements for 320.9 acres, more or less; oilseed meal pursuant to a certificate processors of oilseed for May 1944— (a) The directions of the lines refer to the true shall file, such certificate as required un­ Amount to be set aside. Each processor meridian. All geographic positions are re­ der the provisions of paragraph (d) (2). ferred to the Panama-Colon datum of the shall set aside at each processing plant (5) No processor shall be required to Canal Zone triangulation system. operated by him 20 percent of his pro­ honor a Certificate of Designated Buyer The boundary of the above tract was sur­ duction of cottonseed, soybean, linseed unless the designated buyer furnishes the veyed by the Section of Surveys, The Panama and peanut oil meal, cake or pellets Canal, in November 1943, and is as shown on processor or his agent, before midnight of (hereinafter called “oilseed meal”) , dur­ Panama Canal drawing No. 6112-7, revision May 20, 1944, with (1) shipping instruc­ ing May 1944. The amount of produc­ No. 1 dated February 1, 1944, entitled tions, and, in the case of designated buy­ tion upon which the quantity of oilseed “Boundary Map of Naval Radio Station, Sum­ ers other than feeders, (2) the statement mit, Canal Zone”, on file in the office of the meal set aside is based shall not include required by paragraph (h) of Food Pro­ Governor, The Panama Canal, and the Com­ any oilseed" meal produced for the Com­ duction Order No. 9, Revision No. 3. If mandant, Fifteenth Naval District. modity Credit Corporation under the a processor elects not to honor a Certifi­ provisions of contracts designated “CCC ‘ S e c . 2. Conditions and limitations. cate of Designated Buyer under the pro­ Soybean Form 106, 1943 Crop,” and this The reservation made by section 1 of this visions of this paragraph, he shall return order shall not apply to oilseed meal order shall be subject to the following such certificate to the issuing office and conditions and limitations: produced under such contracts. he may dispose of the oilseed meal cov­ (a) The area comprising this reserva­ (b) Sale and delivery of oilseed meal ered by the certificate free from the tion shall continue to be subject to the set aside. (1) Oilseed meal set aside pur­ restrictions of this order. civil jurisdiction of the Canal Zone Gov­ suant to this Order shall npt be sold (c) Existing contracts. If this order ernment in conformity with the pro­ or delivered by any processor except to makes it impossible for a processor to visions of the Canal Zone Code as a buyer named in a Certificate of Desig­ fill all of his contracts for the delivery of amended and supplemented. nated Buyer issued by the Agricultural oilseed meal, which are in existence on (b) The naval authorities shall bear Conservation Committee for the State the date of the issuance of this order, he all the costs of the transfer of such area, or county in which the buyer’s farm or shall not, by reason of this order, refuse including the cost of surveys and of can­ establishment is located or by the Chief to make delivery of more than 20 per­ celation of any agricultural licenses or of the Feed and Livestock Branch, O f­ cent of the oilseed meal covered by any fice of Production, W ar Food Adminis­ other permits which may be in force in such contract. tration. The certificate shall be in sub­ the area, and including the cost of any (d? Processor’s reports— (1) Report of stantially the following form: such relocations of Panama Canal instal­ tonnage for April delivery for credit lations or facilities in the said area as Certificate of D esignated B uter against May set aside. If a processor may be made at the request of the naval ______is author­ wishes to make deliveries of oilseed meal authorities. ized to purchase and accept delivery of pursuant to this order in April 1944 for (c) Personnel and equipment of The ______:______(tons-pounds) of credit against his set aside in May 1944, Panama Canal shall be permitted access oilseed meal from amounts set aside by _____ ^______!______of______he must report to the Director in writ­ to such area to carry out necessary ing (or by telegraph) not later than Panama Canal operations in the area or (Name of Processor) ______pursuant to the order April 25, 1944, the estimated tonnage of vicinity in connection with drainage, (Address of Processor) each kind of oilseed meal which will be sanitation, surveys, etc., and the protec­ of the Director of Food Production. (If, for available at each of his processing plants tion, maintenance, and repair of Panama any reason, delivery of oilseed meal cannot for delivery in April 1944 for such credit. Canal power and communication lines. be made, this certificate shall be returned by Each processor may also submit such Sec. 3. Executive Orders superseded. the processor to the issuing Agricultural additional information as he deems per­ This order supersedes Executive Orders Conservation Committee with the reasons tinent to the allocation or distribution why delivery was not made.) No. 7399 of June 23, 1936 and No. 9171 of of oilseed meal to be set aside under this May 21,1942,1 establishing and enlarging, Food Production Administration. order. respectively, the United States Naval ______Agricultural Conservation (2) Report of tonnage set aside and Radio Station, Summit, Canal Zone. Committee of------deliveries made. Each processor subject F r a n k l i n D R o o s e v e l t (Address) to this order shall file a report with the

T h e W h i t e H o u s e , J. B. Hutson, Director. Director on FPA Form 2 not later than April 8, 1944. By------June 10, 1944, for each plant operated (Chairman) by him. Certificates of Designated Buy­ [F. R. Doc. 44-5065; Filed, April 10, 1944; 11:09 a. m.] Expiration Date______.______ers, pursuant to which oilseed meal has been delivered, shall be attached to and (2) Agricultural Conservation Com­ made a part of FPA Form 2. mittees may commence issuing Certifi­ (e) Certificates issued by County Agri­ Regulations cates of Designated Buyers pursuant to cultural Conservation Committees. No this order during April 1944, and proces­ County Agricultural Conservation Com­ sors may commence delivery of oilseed mittee shall issue Certificates of Desig­ TITLE 7—AGRICULTURE meal pursuant to such certificates during nated Buyers unless authorized to do so April 1944. A processor shall be entitled by its State Agricultural Conservation Chapter X—War Food Administration to credit such deliveries made in April Committee. (Production Orders) 1944 against the quantity of oilseed meal (f) Communications. All reports re­ which he is required to set aside in May quired to be filed hereunder and all com­ [3d Rev. FPO 9, Order 8] 1944, if he makes the report provided for munications concerning this order, unless P a r t 1220— F ee d in paragraph (d) (1) hereof. (3) Shipment of any oilseed meal, set instructions to the contrary are issued, SET ASIDE REQUIREMENTS FOR PROCESSORS OF aside pursuant to this order must be shall be addressed to the Director of Pro­ OILSEED FOR MAY, 1944 made by a processor within twelve days duction, W ar Food Administration, Pursuant to the authority vested in of the receipt of any such certificate. Washington 25, D. C., Ref: FPO 9-8. me by Food Production Order No. 9, Re- (4) The original and the processor’s N ote: The record keeping and reporting copy of appropriately executed certifi­ requirements of this order have been ap­ * 7 F.R. 3842. cates shall be sent by the person respon­ proved by the Bureau of the Budget in ac- 3832 FEDERAL REGISTER, Tuesday, April 11, 1944 cordance with the Federal Reports Act of publics, and in accordance with the (d) Of good moral character and 1942. following authority: shall possess intellectual ability and ­ (54 Stat. 676, 55 Stat, 236, 56 Stat. 176; (a) Public No. 355, 76th Congress, ap­ able personal qualities; and shall have E. G. 9280, 7 P.R. 10179; E.O. 9322, 8 F.R. proved August 9,1939 (53 Stat. 1290) au­ successfully completed their academic 3807; E.O. 9334, 8 P.R. 5423; E.O. 9392, 8 thorizing the President to utilize the professional training in a recognized F. R. 14783; FPO 9, Rev. 3, 8 F.R. 16960) services of the Departments, agencies and school in any one of the branches related independent establishments of the Gov­ to the science of meteorology, including Issued^this 7th day of April 1944. ernment of the United States for the among others, meteorology, climatology, J. B. H u t s o n , purpose of rendering closer and more ef­ physics, mathematics, engineering, Director of Production. fective the relationship between the American Republics (See Resolution No. physical geography, et cetera; and/or [F. R. Doc. 44-4997; Filed, April. 7, 1944; 81, adopted at the Eighth International shall be a graduate of the Inter-American 3:18 p. m.] Conference of American States held at Meteorological Training School con­ Lima, Peru, December 9-27, 1938, re­ ducted by the Weather Bureau at Medel­ Chapter XI—War Food Administration commending scientific and technical re­ lin, Colombia; and/or shall be a qualified (Distribution Orders) search by institutes, laboratories, and employee of the official meteorological men of scence officially recommended by service of the American republic from [FDO 42, Arndt. 5] the American Governments) and which selected. P ar t 1460— P a t s a n d O i l s (b) The Department of State Appro­ priation Act, 1944, approved July 1, § 3.3 Award of fellowships. Fellow­ RESTRICTIONS ON USE 1943, appropriating funds for compensa­ ships will be awarded by the Chief of the Food Distribution Order No. 42, as tion, tuition, monthly allowances while Weather Bureau, and with the approval amended (9 F.R. ^971), § 1460.1, is not in travel status, and traveling ex­ of the Secretary of Commerce and of amended as follows: penses in the United States and abroad, the Secretary of State or his duly au­ By inserting immediately after para­ in accordance with the Standardized thorized representative. No applicant graph (a) (17) thereof the following: Government Travel Regulations and the therefor shall be approved unless his ap­ Act of June 3, 1926, as amended, of (18) “Margarine” means any sub­ plication shall have been transmitted by educational, professional, and artistic the Government of the country of which stance the manufacture of which is tax­ leaders, and professors, students, and he is a citizen through the diplomatic able as oleomargarine under the provi­ internes, who are citizens of the United mission of the United States of America sions of Chapter 16, of the Internal Rev­ States or the other American republics. enue Code (53 Stat. 247, et seq.), and in Fellowships will be awarded as follows: located in the Republic concerned. addition thereto, any solid product § 3.4 Allowances and expenses. Ap­ which is comprised of fats and oils, is Sec. packaged in cartons containing not more 3.1 Type of fellowship. plicants awarded fellowships may be en­ 3.2 Qualifications. than two pounds, weight, is sold by titled to any or all of the following upon 3.3 Award of fellowships. approval of the Chief of the Weather the manufacturer thereof in combina­ 3.4 Allowances and expenses. tion with a coloring and butter flavor­ 3.5 Duration. Bureau: ing agent, and is principally used in the 3.6 Official notification. (a) Transportation expenses. Trans­ home for the preparation of a table Auth o rity: §§ 3.1 to 3.6 inclusive, issued portation expenses from Medellin, Co­ spread. under R.S. 161, 5 U.S.C. 22; sec. 8 of the lombia, or from the home of the This amendment shall become effec­ President’s Reorganization Plan IV, 5 U.S.C. applicant to the place or places in the 133t; 53 Stat. 1290, 22 U.S.C. 501, 502 and the United States or its territories or pos­ tive at 12:01 a. m., e. w. t., April 11, 1944. Department of State Appropriation Act, 1944, However, with respect to violations of approved July 1, 1943, Pub. Law 105, 78th sessions where the studies or research Food Distribution Order No. 42, as Cong. are to be pursued and return to the home amended, or rights accrued, or liabili­ of the applicant, including travel from § 3.1 Type of fellowship. Fellowships ties incurred thereunder, prior to said the place of study' or research to Wash­ shall be of the interne-training type, date, said Food Distribution Order No. ington, D. C., and such other places as comprising instruction for a period of 35 42, as amended, shall be deemed in full may be approved by the Chief of the weeks or more at certain American uni­ force and effect for the purpose of sus­ Weather Bureau, and return to his home, taining any proper suit, action, or other versities including the University of Cal­ in accordance with the Standardized proceeding with respect to any such vio­ ifornia at Los Angeles, the California Government Travel Regulations and the lation, right, or liability. Institute of Technology, the University Act of June 3,1926, as amended, in which of Chicago, New York University, and (E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 connection claim for reimbursement may F.R. 3807; E.O. 9334, 8 F.R. 5423; E.O. the Massachusetts Institute of Technol­ be made only for the following items: ogy, in synoptic, dynamic and physical 9392, 8 F.R. 14783) (1) Rail fare. First class fare. If meteorology, and in addition assignment Issued this 6th day of April 1944. travel is performed on an extra-fare to a ^Weather Bureau Station for a pe­ train expenses in excess of the first A s h l e y S e l l e r s , riod of about 17 weeks for studying the Assistant War Food Administrator. class fare must be borne by the traveler. /Organization and service work of the No receipts are necessary. [F. R. Doc. 44-4996; Filed, April 7, 1944^/ Weather Bureau. 3:18 p. m.] / (2) Pullman fare. Lower berth or, § 3.2 Qualifications. Applicants se­ parlor car seat. No receipts are neces­ lected for these fellowships shall be: sary if Government transportation, re­ (a) Bona fide citizens of any of the quests are used. If purchased with cash, TITLE 15-COMMERCE American republics other than the the Pullman stub must be attached to Subtitle A—Office of the Secretary of United States; the reimbursement voucher. (3) Steamer fare. Not exceeding the Commerce (b) In possession of a certificate of medical examination issued by a licensed lowest minimum first class fare of the P art 3— A w a r d o f F e l l o w s h i p s i n physician within sixty days of the date • ship on which the travel is performed. M e t e o r o l o g y of application, describing the applicant’s American vessels must be used if avail­ able (Section 901 of the Merchant APPLICANTS FROM OTHER AMERICAN physical condition, and stating that he is free from any communicable disease Marine Act of 1936, 49 Stat. (2015). No REPUBLICS receipts are necessary. or disability that would interfere with Pursuant to the authority contained (4) Airplane fare. Transportation by in R. S. 161, 5 U.S.C. 22, and in section 8 the proper pursuit of studies or research air will be allowed regardless of the cost of the President’s Reorganization Plan or the performance of any activity in­ when authorized by the Chief of the IV, 5 U.S.C. 133t, and subject to appro­ cident to the fellowship; Weather Bureau. When air travel has priations available, fellowships in (c) Able to speak, read, write and un­ not specifically been authorized the meteorology will be awarded to qualified derstand reasonably well the English traveler may proceed by air with the applicants from other American Re­ language: understanding that he may claim reim- FEDERAL REGISTER, Tuesday, A p ril 11, 1944 3833

bursement therefor only in an amount TITLE 19-CUSTOMS DUTIES Stat. 1087, sec. 624, 46 Stat. 759; 19 not exceeding what it would have cost UB.C. 1553, 1624) Chapter I—Bureau of Customs had the travel been performed by public [ s e a l ] W. R. J o h n s o n , conveyance over land or water. No „ [T. D. 51035] Commissioner of Customs. receipts are necessary. Approved: April 5, 1944. P a r t 18— T ransportation i n B o n d a n d (.5) Taxicab fare. At the beginning and H e r b e r t E . G a s t o n , termination of the journey and at all M e r c h a n d is e i n T r a n s it Acting Secretary of the Treasury. points where a change of conveyance is MISCELLANEOUS AMENDMENTS [F. R. Doc. 44-5001; Filed, April 7, 1944; necessary while in a direct travel status. 4:28 p. m.] No receipts are necessary. Section 18.3, Customs Regulations of (6) Excess baggage charges. For per­ 1943 (19 CFR 18.3), is hereby amended as follows: sonal effects (not household furniture) TITLE 22—FOREIGN RELATIONS which are not carried free by the trans­ The title is amended to read “Trans­ portation company. Receipts are neces­ shipment; transfer by bonded cartman.” Chapter III—Proclaimed List of Certain sary and they should indicate that the Paragraph (a) is amended to read: Blocked Nationals traveler has availed himself of the free (a) When bonded merchandise is to [Cumulative Supp. 1, Apr. 7, 1944 to Rev. allowance, if such allowance is granted. be transshipped under customs super­ V n of Mar. 23, 1944] (7) Dr ay age or transfer of baggage. vision at a place other than the port of administrative order For the hauling of the personal effects origin, an additional copy of the manifest By virtue of the authority vested in the from the home to the station or dock, et on customs Form 7512 shall be prepared Secretary of State, acting in conjunction cetera. Receipts are not necessary but by the carrier or shipper. Such addi­ with the Secretary of the Treasury, the should be submitted if possible. Charges tional copy shall be certified and given Attorney General, the Secretary of Com­ by porters for handling the bags or bag­ by the lading inspector to the conductor, merce, the Administrator of Foreign gage will not be allowed. master, or person in charge of the con­ Economic Administration, and the Co­ ordinator of Inter-American Affairs, by (8) Rental of steamer rug and steamer veyance in a sealed envelope to be deliv­ Proclamation 2497 of the President of chair. Receipts are necessary. Charges ered to the collector at the place of July 17, 1941 (6 F.R. 3555), Cumulative for steamer cushions will not be allowed. transshipment. Supplement 1 containing certain addi­ (9) Tips and gratuitous fees. Will not A new paragraph, (d), is added: tions to, amendments to, and deletions be reimbursed. from The Proclaimed List of Certain In all cases round trip tickets must be (d) All transfers to or from the con­ Blocked Nationals, Revision V II of March purchased if possible. In the event the veyance or warehouse of merchandise 23, 1944 (9 F.R. 3285), is hereby pro­ return portion of the ticket cannot be undergoing transportation in bond shall mulgated.1 used, it should be returned to the United be made under the provisions of Part 21 By direction of the President: of these regulations and at the expense States Weather Bureau, Department of C o r d e l l H u l l , Commerce for collection of the refund. of the parties in interest, unless the car­ Secretary of State. (b) Per diem while in a travel status. rier’s bond is liable for the safekeeping H e r b e r t E . G a s t o n , Per diem in lieu of subsistence at not to and deliyery of the merchandise while it Acting Secretary of the Treasury. exceed the following rates: $6.00 over­ is being transferred. (Secs. 551, 565, 624, F r a n c is B id d l e , land or by air within the continental 46 Stat. 742, 747» 759; 19 U.S.C. 1551, Attorney General. limits of the United States; and $7.00 1565, 1624) . J e s s e H . J o n e s , Secretary of Commerce. while outside such limits; $3.00 on vessels Section 18.7, Customs Regulations of L e o T . C r o w l e y , outside the United States when the price 1943 (19 CFR 18.7), is hereby deleted. Administrator, of passage includes meals. (Sec. 624, 46 Stat. 759; 19 U.S.C. 1624) Foreign Economic Administration. (c) Monthly allowance. A monthly Section 18.19, Customs Regulations J o h n C . M cC l i n t o c k , allowance of $135.00 during the period of 1943 (19 CFR 18.19), is hereby Acting Coordinator of of studies at the university in the United amended as follows: Inter-American Affairs. States or its territories or possessions Paragraph (b) (1) is amended by April 7, 1944. when the fellow is not in a travel status, deleting the word “nine” and substitut­ and $180.00 when assigned to a Weather [F. R. Doc. 44-5027; Filed, April 8, 1944; ing therefor the word “eight.” 12:15 p. m.] Bureau Station in cities of over 100,000 Paragraph (b) (3) is amended by de­ population and $150.00 in cities of less leting the first sentence and by changing than 100,000 population. the comma after the word “exportation” TITLE 32—NATIONAL DEFENSE § 3.5 Duration of fellowships. Fellow­ where it appears the second time in the Chapter IX—War Production Board ships will be awarded for periods of not second sentence to a period and deleting to exceed twelve months each. the rest of that sentence. (Sec. 557, 46 Subchapter B— Executive Vice-Chairman Stat. 744, secs. 2, 22 (a ), 23 ( a ) , 52 Stat. A u th o r ity: Regulations in this subchapter § 3.6 Official notification. Applicants 1077, 1087, 1088, sec. 624, 46 Stat. 759; issued under sec. 2 (a ), 54 Stat. 676, as recommended for fellowships by the amended by 55 Stat. 236 and 56 Stat. 176; 19 U.S.C. 1557, 1624) Chief of the Weather Bureau and ap­ E.O. 9024, 7 FJR. 329; E.O. 9125, 7 F.R. 2719; Section 18-20, Customs Regulations of proved by the Secretary of Commerce W.P.B. Reg. 1 as amended March 24, 1943, 1943 (19 CFR 18.20), is hereby amended 8 F.R. 3666, 3696; Pri. Reg. 1 as amended May and the Secretary of State, or the duly as follows: 15, 1943, 8 F.R. 6727. authorized representative of the Secre­ Paragraph (a) is amended to read: P ar t 3208— S c h e d u l e d P r o d u c t s tary of State, shall be notified of their award through diplomatic channels. (a) When an importation is entered (General Scheduling Order M-293, as for transportation through the United Amended April 8, 1944, Table 14] [ s e a l ] W. F. M cD o n a l d , States and exportation to a foreign coun­ Acting Chief, Weather Bureau. PLUMBING AND HEATING DIVISION try, except as provided for in § 5.11 (re­ § 3208.15 Table for Plumbing and Approved: August 27, 1943. lating to merchandise in transit through Heating Division, (a) The following W a y n e C. T a y l o r , * the United States between two points in amended table is issued pursuant to the Acting Secretary of Commerce. contiguous foreign territory), eight cop­ provisions of General Scheduling Order Approved: August 28, 1943. ies of Customs Form 7512 shall be re­ M-293: C o r d e l l H u l l , quired. 1 Filed with the Division of the Federal Secretary of State. Register in The National Archives. Requests . Paragraph (c) is deleted, and para- for printed copies should be addressed to the [P. R. Doc. 44-5041; Filed, April 8, 1944^ 'graph (d) is relettered as paragraph Federal Reserve Banks or the Department of 4:03 p. m.] / (c). (Sec. 553, 46 Stat. 742, sec. 21, 52 State / / 3834 FEDERAL REGISTER, Tuesday, A p ril 11, 1944

plying the entire percentage figure for Applicable forms columns each such converted product, as shown in paragraph (d) (2) of this order, to Designa­ 1 2 3 4 the quantity, in tons, of pulp, paper and Type of M-293 Product tion Application Calendar paperboard consumed by such person in Shipping Operations and author­ months the manufacture or assembly of such report schedale ization frozen1 product during the corresponding calen­ dar quarter of 1942. 1. Metal pipe fabricated beyond rolling mill shapes (2) The following percentage figures for resale to installers for incorporation into a piping system including but not limited to pipe shall be used for the calculations de­ which has been subjected to the following proc­ scribed in the preceding paragraph (d) esses: bending, flanging, van stoning, welding, coiling, and beveling but not including pipe (1 ): which has been threaded only or cut to a specific Percent length only or which has been beveled by the (i) List B products.______110 manufacturer or welding fittings sold as such___ 3401 or 3003 2 (ii) List C products..______100 2. Boilers and boiler units, exclusive of those for ma­ (iii) List D products.._____ :______80 rine shipment or locomotive use, as follows: (a) Steel low pressure heating boilers not de­ signed to withstand a steam pressure of (3) [Deleted Oct. 5, 19431 more than 15 pounds per square inch, all (e) Restrictions on consumption of types...... —-...... 1790 2 pulp, paper and paperboard in the manu­ ■ (b) Steel boilers designed for steam pressures over 15 pounds per square inch, having facture of converted products not specifi­ less than 500 square feet of boiler-heating cally listed. (1) No converter shall dur­ surface, of the following types:8 (i) Water tube...... _»...... ing the final calendar quarter of 1943 or (ii) Scotch marine______(iii) Horizontal return tubular______1790 2 during any calendar quarter thereafter (iv) Refractory lined firebox_____ T----- consume in the manufacture or assembly (v) Oil country...... of any converted product not named on (c) Steel Boilers designed for steam pressure over 15 pounds per square inch all sizes, List A, List B, List C or List D of this of the following types: order, any quantity, in tons, of pulp, (i) Steel Fire box:...... • (ii) Vertical..*______1790 2 paper and paperboard greater than 65 (iii) Miniature______-______percent of the tonnage consumed in the manufacture or assembly of such con­ i For explanation of time during which shipping schedule is frozen see paragraph (c) (3) of M-293. verted product during the corresponding 8 For all boilers of types listed above under (2b) having 500 square feet of boiler heating surface and more, and calendar quarter of 1942. boilers of Dowthern, Mercury, Waste Heat and Electric types— see table #8 of this order. (2) In the instance of any converted Issued this 8th day of April 1944. (x) Fibre shipping containers, cans, products not named on any of the lists drums, tubs, barrels, dividers, parti­ W ar P r o d u c t io n B oard, of this order, the following processes tions and separators. B y J. J o se ph W h e l a n , and operations shall not be considered Recording Secretary. (xi) Cups, pails and nested food con­ as processing: tainers. (i) Cutting, trimming or rewinding to [F. R. Doc. 44-5010; Filed, April 8, 1944; (xii) A “display” as defined in General a different size when such is performed 11:19 a. m.] Limitation Order L-294. as part of any established room (xiii) A “grocery”, “variety” and “no­ procedure and provided the paper or tion bag” as defined in General Limi­ paperboard so processed is not intended tation Order L-261. • for a use which serves to defeat the P art 3281— P u l p and P aper (xiv) Looseleaf binders. purpose of the order. (Example: the [General Conservation Order M-241-a, as (xv) Specialty bags. cutting of plain paper to a given size Amended Apr. 8, 1944] (xvi) A “flashlight” as defined in Gen­ for use as a tray cover, the manufacture eral Limitation Order L-71. of which is curtailed by this order). CONSERVATION OF PAPER AND PAPERBOARD (2) A “converter” is any person who, (ii) Punching or corner cutting. § 3281.64 General Conservation Order regardless of the identity or nature of his (iii) Super-. M-241-a— (a) Definitions. For the pur­ business, manufactures or assembles any (iv) Laminating.. pose of this order: converted product. (v) Coating, friction calendering, flint (1) A “converted product” means any (b) Computation of quotas for a por­ glazing, plating and embossing. article or type of converted paper result­ tion of a calendar quarter. Each con­ (vi) Collating and binding. ing from the processing of pulp, paper, verter whose quota provisions for a cur­ (vii) Printing, when such contributes or paperboard which alters the original rent calendar quarter are affected by this to the functional value of the product to form or characteristics of the pulp, paper, or any subsequent amendment to this such a degree that the product would be or paperboard. The terms includes all order shall compute his permitted quota incapable of performing the use intended articles on any of the lists to this order, on a pro rata basis from the effective if not printed, (Examples: advertising but shall not include: date of the order for the balance of the streamers, posters, menus, programs, (i) Paper or paperboard manufac­ current calendar quarter. timetables, sheet music, patterns, decal­ tured in the first instance by a paper or (c) Unrestricted consumption of pulp, comania transfers, checks), or when such paperboard mill. paper and paperboard in the manufac­ printing is an intermediate process in (ii) A “newspaper” as defined in Gen­ ture of certain converted products. Any the manufacture of an article or type of eral Limitation Order L-240. converter may consume any quantity of converted paper. (iii) “Wall paper” as defined in Gen­ pulp, paper and paperboard in the manu­ (viii) Printed wrappers (excluding gift eral Limitation Order L-177. facture and assembly of any converted wrappings) when printing is the only (iv) A “box” as defined in General product shown on List A of this order. . conversion operation other than cutting Limitation Order L-239. (d) Restriction on consumption of or trimming. (v) A “magazine” as defined in Gen­ pulp, paper and paperboard in the manu­ (ix) Embossing, corrugating, creping eral Limitation Order L-244. facture of certain named converted prod­ and crinkling for industrial and non- (vi) A “book” as defined in General ucts. (1) No converter shall consume in decorative uses. Limitation Order L-245. the manufacture or assembly of any (f) Alternate method of calculating (vii) A “greeting card” as defined in converted product on List B, List C or quotas. As an alternate method of cal­ General Limitation Order L-289. List D of this order any quantity, in culating quarterly quotas for any con­ (viii) A “book match” as defined in tons, of pulp, paper and paperboard verted product, any person may, after General Limitation Order L-263. greater than the quantity ascertained: the filing of a notice in writing with the (ix) A “paper shipping sack” as de­ For the final quarter of 1943, and for W ar Production Board, elect to apply fined in General Limitation Order L-279. each calendar quarter thereafter, by ap­ the percentages established by para- FEDERAL REGISTER, Tuesday, April tf, 1944 3835 graphs (d) and (e) (1) of this order to ority control and may be deprived of Milk bottles, milk bottle hoods and milk bot­ one fourth of his total yearly consump­ priorities assistance. tle tion of pulp, paper and paperboard in (m ) Communications. All communi­ Mimeograph stencils Nuts and screws such product during 1942. When such cations concerning this order shall, un­ Paper base plastics election has been made and the required less otherwise directed, be addressed to: Parachutes and parachute spreaders notice in writing has been given to the W ar Production Board, Paper Division, Photographic and photo copying papers W ar Production Board, the method of Washington 25, D. C. Ref: M-241-a. - „filant protectors determining quotas may not thereafter Plates and mats— printing, lithographic, du­ Issued this 8th day of April 1944. be changed. plicating and reproduction (g) Converter’s responsibility in de­ W ar P r o d u c t io n B oard, Poultry Incubators, brooders and feeders Prepared tracing termining coverage of this order. It B y J. J o se ph W h e l a n , Recording Secretary. Pressure sensitive adhesive tape. shall be the duty of each converter to Ration bags determine in the first instance which of List A— U nrestricted Production Roofing, shingles and building papers (treated) his products are included among the Abrasive papers converted products referred to in this Adding machine and business machine rolls Sanitary napkins order. In case of doubt he may apply to Air force emergency packs Seed packets for use by original growers or the W ar Production Board in writing Army ration containers packers of seed describing the product In question, for a Automotive oil cartridges Shell containers and component parts thereof specific ruling determining whether or Balloons (direct military only) Blankets Shotshell and ignition cartridges not the same is so included. The W ar Surgical bandages Blueprints and direct line papers Production Board may of its own motion Surgical masks and caps Bomb fins in any case, by telegram or letter, issue Bomb rings Tabulating cards Tags, commercial and industrial Snly a specific ruling determining whether Bombs or not a particular product of a particu­ Building boards (unprinted) lar converter is so included. Cable insulation Tank and transformer liners Calender rolls (for paper and other finish­ Targets (h) Inventory restrictions. Tea ball bags, but limited to bags for small (1) [Deleted Apr. 8, 19441 ing machinery) Camouflage paper broken leaf, fannings, siftings and dust (2) No person shall knowingly deliver Caps for glass bottles and Jars Telephones, component parts of to any converter and no converter shall Caps, pads, cushions and guards for fruit and Textile cores, tubes and spools Toilet seat covers accept delivery of, any quantity of any vegetable packing Carbon paper Twisted paper including but not limited to grade of pulp, paper or paperboard if the Charts, rolls and tape for communication , twine, cord, rope and strapping inventory of such grade in the hands of and recording instruments and machines Valves Vegetable parchment , the converter accepting delivery is, or Cigarette paper books Clock backs and cases Veneer tape V-m all blanks will by virtue of such acceptance become, Clothing either Condensers— component parts thereof Vulcanized fibre Wall boards Control knobs and dials (i) In excess of two carloads, or Waterproof and moistureproof packaging (ii) If in excess of two carloads, Cores and core plugs Crepe cellulose wadding papers (asphalt and resin impregnated and greater than 30 days’ supply, on the Dental mouth wadding laminated) basis of either his average rate of con­ linings « List B— Products P ermitted at 110% of 1942 suming such grade of pulp, paper or Diaphragms—pump and carburetor paperboard for the preceding quarter or Dust and dirt covers and seals for motors, Envelopes, in all styles except expansion type journals, etc. Fillers, looseleaf (except accounting) his average rate of consuming such Household waxed paper, all styles grade of pulp, paper or paperboard as Dust masks Egg case fillers and fiats Index cards, plain and ruled projected for the then current quarter. Embalming, surgical and obstetrical sheets Paper stationery and papeterles (i> Allocations. The War Produc­ Faces for gauges, clocks and weighing equip­ Straws (soda and drinking) tion Board may from time to time di­ ment. Tablets, pads and notebooks rect the production and delivery of spe­ Fibre conduit and fittings Toilet tissue, other than facial type of two cific quantities of any converted prod­ Filters ply or more —. uct included in this order. Such direc­ Flare spacers Towels for industrial use Waxed and oiled paper, all types and grades tions will be made to insure the satis­ Friction pulleys and wheels Fruit and vegetable wrappers for apples, other than household packages, excluding faction of war requirements both direct waxed paper wrappings for direct war use lemons, peaches, pears, and tomatoes, in and indirect and essential civilian re­ as provided in List A. quirements and shall take precedence the instance of original shipment! List C— Products Permitted at 100% of 1942 over any preference rating to the extent Fuses and component parts thereof indicated by the W ar Production Board. Garbage and utility cans N ote: “Fruit and vegetable wrappers Gas detection armbands and similar products (j) Applicability of regulations. This * * * ” deleted Apr. 8, 1944. Gas mask canisters and mask parts Artificial leather order and all transactions affected there­ Gas protection , tarpaulins & similar by are subject to all applicable regulations Buttons products Cake boards of the W ar Production Board, as Gaskets amended from time to time. Concrete forms Gears Dental (k) Appeals. Any appeal from the Grenades and grenade containers Dishes and plates provisions of this order shall be made by Gummed sealing and corrugated tape Facial tissue filing a letter in triplicate, referring to Gummed stay tape File cabinets the particular provision appealed from Gun & rifle protection sleeves Forks and spoons and stating fully the grounds of the and accessories Gummed fiat paper appeal. Hospital wadding and visors (l) Violations. Any person who wil­ Industrial receptacles such as tote boxes, cans, Headrest rolls barrels and trucks Jacquard cards fully violates any provisions of this or­ Light shades and reflectors Instrument panels der, or who, in connection with this Lunch boxes order, wilfully conceals a material fact Insulation boards Napkins, for industrial and institutional use or furnishes false information to any Impervious papers and specialty containers (bulk and dispenser type) made therefrom, Including waxed, for direct Napkins for home use (retail packages) department or agency of the United war use but limited to those grades covered States, is guilty of a crime, and upon Permanent wave pads by specifications Issued by the U. S. Army, Photo mailers conviction may be punished by fine or U. S. Navy, U. S. Marine Corps, or the Fed­ Photo mounts imprisonment. In addition any such eral Standard Stock Catalog Sales tax tokens person may be prohibited from making Jettison tanks Shirt or obtaining further deliveries of or from Lens tissue Stereotype mats processing or using material under pri­ Lithomat and photomat paper Tympan paper 3836 FEDERAL REGISTER, Tuesday, April 11, 1944

L ist D— P roducts P erm itted at 80% of 1942 Since retail units are regarded as a sep­ tiles for his own use in the United States arate and distinct type of “converted prod­ Barber’s neck bands in any business, industry, profession or uct,” it is obvious that tonnage from other occupation. Carpets and rugs products cannot be included when calculat­ Expanding envelopes or pockets (vi) Any person who performs the ing a quota for retail units. dividers and indexes functions of more than one of the fore­ Plain wrapping tissue purchased in quires, Ply paper or flat, when subsequently folded and labeled going— regardless of his customary man­ Fly ribbons or otherwise packaged, is deemed to be a ner of conducting his business— shall, for Polders (file) retail unit and therefore restricted by para­ the purpose of the following be deemed Games and toys of all types (except playing graph ( e ) . a separate person with respect to each cards) Quota tonnage which has not been con­ Music and player piano rolls of those capacities, and he is required to: sumed at the end of a calendar quarter may (a) Accept rated orders for cotton tex­ Snap, button, hook and eye and zipper cards not be carried over to the succeeding calendar tiles in preference to any other contracts,- Soap wraps, including all component parts quarter. (Issued Peb. 15, 1944.) orders or uses even though he has not thereof except wax paper [P. R. Doc. 44-5011; Filed, April 8, 1944; in the past accepted or filled orders for Textile boards, excluding shirt boards 11:19 a. m.] that particular cotton textile, and also to Toilet tissue, facial type of two or more ply fill them in accordance with the rules of Towels for home use (Retail package) Venetian blinds Priorities Regulation No. 1; Vertical file pockets P ar t 3290— T e x t i l e , C l o t h i n g a n d (b) Use the ratings assigned by this Window shades L e a t h e r order; and (c) Apply the inventory restrictions of L is t E [Deleted Oct. 5, 1943] [General Conservation Order M-317,1 as Amended Apr. 8, 1944] this order. I nterpretation 1 (vii) The definitions in subdivisions (i) WAXED PAPER CONVERSION COTTON TEXTILE DISTRIBUTION to (v) above do not include the United “Waxed and oiled paper, all types and § 3290.115 General Conservation Or­ States Army, Navy, Maritime Commis­ grades other than household packages, ex­ der M-317— (a) Definitions. In this sion or W ar Shipping Administration. cluding waxed paper wrappings for direct order: (3) Trade terms used in this order war use as provided in List A,” as that cap­ (1) “Cotton ” means the fol­ shall have their usual trade significance tion appears in List B of General Conserva­ unless otherwise specified. tion Order M-241-a, applies to all the kinds lowing products, containing more than of paper so described regardless of whether 50% by weight of cotton or cotton waste, (b) Assignment of ratings.2 The pref­ produced as a result of a separate converting or a combination of the two: erence ratings specified in t$ie Preference operation, as is commonly the case, or pro­ (1) Woven fabrics, whether gray, Rating Schedules of this order are as­ duced as a result of having been oiled or original mill or regular finish, bleached, signed to the persons in Column I for waxed on the paper machine, For the pur­ dyed or printed, and the following cotton the cotton textiles in Column II to be pose of this order control has been placed products: bedsheets, pillow cases, blank­ used only as specified in Column III. on the end product. The method employed The revocation of any rating and its in consuming paper in the manufacture of ets, towels, , face cloths and table the end product is not a factor of consid­ “”; and effect is stated in the appropriate group eration in determining the applicability of (ii) , whether gray, bleached, of the Preference Rating Schedules. (c) Compulsory use of ratings as­ the order. (Issued Feb. 15, 1944.) colored, mercerized, glazed, polished, signed in schedules or by Form W P B - single, plied, cabled or braided, includ­ I nterpretation 2 2842. No intermediate processor, proces­ ing thread, twines and cordage (e. g. RETAIL UNITS sor or merchant (except a retailer) shall • tying, sail, seine, etc. twine, rope, , purchase or accept delivery of a cotton This interpretation of General Conserva­ cord, etc. ) and including any of the fore­ textile for a purpose for which a rating tion Order M-241-a applies to the consump­ going which may be spun on roving, tion of paper in the manufacture of retail for that cotton,textile is assigned to him units of wrapping and other papers as dis­ ring, mule or converted twister spindles. in a Preference Rating Schedule, unless pensed through the variety chain stores, the “Cotton textiles” does not include he has applied or extended that rating or department stores, the stationery stores and as defined in Conservation a rating assigned on Form WPB-2842. all other retail outlets. These retail units Order M-91; or blankets containing 25 He may not purchase that cotton textile are regarded as within the definition of a for the specified purpose with any other “converted product” in Order M—241—a and percent or more by weight of ; or therefore subject to the restrictions con­ fabrics (other than blankets) or yarns, rating which he may have (whether higher or lower), nor may he purchase tained in paragraphs (d) “or (e) of the order. containing wool and produced on the All grades and kinds of paper, plain or it without a rating for that purpose. printed, when converted into retail units woolen or worsted system. The provisions of this paragraph do not for wrapping purposes are subject to the (2) (i) '“Producer” means any manu­ apply to purchases for delivery or ulti­ order, although the percentage restriction facturer who makes cotton textiles in mate delivery to, or for incorporation on consumption need not be separately ap­ the United States. into any product for delivery or ultimate plied to each of the grades and kinds of paper (ii) “Intermediate processor” means delivery to, the United States Army, consumed during the base period. It is any person engaged in the United States permitted to calculate an aggregate quota Navy, Maritime Commission or War- and to Consume any grade or kind of paper, in the business of bleaching, or Shipping Administration, nor do they plain or printed, within the quota without otherwise finishing cotton textiles and prohibit the use of an AAA rating. regard to the maintenance of the same re­ delivering or using them in the United This rule does not change the rating lationship of grade and kind that prevailed States for his own account in, the on the finished product. For example, during the base period. bleached or otherwise finished state. even though a manufacturer (processor), Any person who did not consume paper (iii) “Processor” means any person en­ who is given a rating, according to the during the base period of the order in the gaged in the United States in the busi­ AA-2X Preference Rating Schedule, to conversion of such retail units of wrapping ness of manufacturing or having manu­ and other papers has no basis from which to obtain to make coated abrasive calculate a quota and, therefore, cannot be­ factured in the United States for his ac­ products, holds an AA-1 order for coated come a converter. count, any product in which cotton tex­ abrasive products, he must use the A A - There is a distinction in the instance of tiles are incorporated. 2X rating given by the schedule to obtain printed wrapping paper as follows: (iv) “Merchant” means any person the twills, and may not use the AA-1 1. When printed wrapping paper is deliv­ engaged in the United States in the rating for this purpose. The AA-1 rating, ered by the printer in bulk form (not pack­ business of purchasing cotton textiles for however, remains applicable to the.,.fin- aged) for further sale or further distribution resale in the United States in the form ished coated abrasive product for all the printer is the “converter” as defined in in which purchased. the order, and, therefore, subject to the other purposes (such as to determine the restrictions of paragraph ( e ) ; but, (v) “User” means any person other sequence of deliveries). 2. If the printer delivers the printed ­ than a producer, intermediate processor ping paper to a person for subsequent con­ or processor, who purchases cotton tex- * Conservation Order M-328 permits other version into retail units, the final converter preference ratings, as well as those assigned is the one subject to the restrictions of para­ 1 Limitation Order L-99 relates to cotton by this order, and imposes conditions on the graph (e) and not the printer. textile production. use of all ratings for cotton textiles. FEDERAL REGISTER, Tuesday, April 11,1944 3837

(d) How ratings for cotton textiles are quirements of M-328 are met and it is calling for delivery more than 90 days after the receipt of the order, except from to be applied or extended. Preference unnecessary to use any other notation.) ratings shall be applied and extended as the United States Army, Navy, Maritime The standard certification described in Commission or W ar Shipping Adminis­ provided in Priorities Regulation 3. In Priorities Regulation 7 may be used in addition, the provisions of subparagraph tration. applying or extending the rating, but the (g) Special conditions. No producer, (1) below shall be followed in the case specific notation of subparagraph (1) or intermediate processor, processor, mer­ of products which are to be exported in (2) above must be added. chant or user shall sell, deliver, buy, ac­ the form of cotton textiles, and the pro­ (e) Restrictions on extension of rat­ cept or use a cotton textile or any prod­ visions of subparagraph (2) below are ing to obtain or yarn. (1) No per­ uct containing a cotton textile or assign, to be followed when cotton textiles are son shall use any preference rating which apply or extend a preference rating con­ not to be exported. was assigned, applied or extended for trary to the provisions in Column III of (1) Cotton textiles for export. Ex­ cotton textiles in order to obtain any a Preference Rating Schedule or in cept where the cotton textile is for direct or synthetic yarn, except Column V I of a Distribution Schedule of or ultimate delivery to, or for incorpora­ cotton textiles for direct or ultimate de­ tion into any product for delivery or ul­ this order. livery to, or for incorporation into any (h) Exports. No person shall pur­ timate delivery to, the United States product for direct or ultimate delivery chase for export without a preference Army, Navy, Maritime Commission or to, the United States Army, Navy, Mari­ rating any of the cotton fabrics defined W ar Shipping Administration, the pur­ time Commission or W ar Shipping chaser shall place upon the purchase or­ Administration. in paragraph (a) (1) (i), except woven der an appropriate notation (with the (2) No person shall use any preference or braided fabrics 12 inches or less wide; blanks properly filled in), substantially rating which was assigned, applied or and rags (pieces shorter than two yards as follows: extended for knitted or woven fabrics, in commonly sold by the pound). These cotton textiles will be exported, or order to obtain cotton yarns defined in (i) Inventory restrictions. No person will replace in inventory cotton textiles ex­ paragraph (a) (1) (ii). If he does not shall accept delivery of any cotton tex­ ported after December 24, 1943. own or control spinning machinery, he tiles if his aggregate inventory exceeds And also one of the following statements may use the rating to obtain cotton yarns or would then exceed the lesser of (1) is to be made: for incorporation into products for di­ a practicable minimum working inven­ rect or ultimate delivery to the United tory, or (2) his requirements for 90 days The preference rating was applied by the States Army, Navy, Maritime Commis­ United States Treasury Procurement Divi­ (except in the case of merchants and sion in connection with contract number sion or W ar Shipping Administration. users of cotton textiles used in crop culti­ ______[In the case of United States If he does own or control spinning ma­ vation). Treasury Procurement for Foreign Economic chinery, upon his showing on Form In computing inventory include prod­ Administration]; WPB-2842 the extent to which it is in­ ucts in process of manufacture but ex­ The preference rating was applied in con­ sufficient or unsuitable to produce cotton clude cotton textiles in transit or in nection with Export License number------yarns required for incorporation into process of conversion. or Release Certificate number______[In products for direct or ultimate delivery (j) Allocation. The W ar Production the case of export in connection with li­ to the United States Army, Navy, Mari­ Board may assign preference ratings for censes or release certificates issued by For­ time Commission or W ar Shipping Ad­ or allocate and direct deliveries of cotton eign Economic Administration] ministration, the W ar Production Board textiles pursuant to application on Form or may authorize him to use that rating to WPB-2842. obtain a specific quantity of cotton yarns (k) Applicability of regulations. Ex­ The preference rating was applied in con­ for that purpose. nection with the Canadian Cotton Adminis­ cept as otherwise provided herein, this trator’s serial num ber______[In the case (3) No person owning or controlling order and all transactions affected of exports to Canada.] spinning machinery shall use any pref­ thereby are subject to all applicable reg­ erence rating which was assigned, ap­ ulations of the W ar Production Board. (This notation is to be used when the plied or extended for yarn, in order to (l) Appeals. Any appeal from the pro­ rating is for the export of a cotton tex­ obtain cotton yarns defined in paragraph tile, in the form of cotton textile as visions of this order shall be made by (a) (1) (ii), except to the extent au­ filing a letter in triplicate, referring to defined in this order. When this is thorized by the W ar Production Board, done the requirements of M-328 are met the particular provisions appealed from, upon his showing, on Form WPB-2842, and stating fully the grounds of the and it is unnecessary .to use any other that his own spinning is insufficient or notation.) appeal. unsuitable to fill that yarn order. (m) Violations. Any person, who wil­ (2) Cotton textiles for domestic use. (f) Obligations in respect of rated or­ fully violates any provision of this order, A person (other than the United States ders. (1) Each producer— even if he is or who, in connection with this order, Army, Navy, Maritime Commission or also an intermediate processor, proces­ W ar Shipping Administration on their wilfully conceals a material fact or fur­ direct purchase orders), applying or ex­ sor, merchant or user— shall, in each nishes false information to any depart­ tending a rating for a cotton textile, calendar quarter, deliver or set aside ment or agency of the United States is which was assigned by a Preference for later delivery on rated orders those guilty of a crime, and upon conviction Rating Schedule or under a W ar Pro­ percentages of his total production may be punished by fine or imprison­ duction Board form, shall place upon (in pounds or yards according to his ment. In addition, any such person may .the purchase order an appropriate nota­ usual method of operation) of each cot­ be prohibited from making or obtaining tion, substantially as follows: ton textile as specified in the Distribu­ further deliveries of, or from processing This rating has been assigned by M-317, tion Schedules of this order. or using material under priorities con­ Group (s) N o . ______[Insert applicable trol, and may be deprived of priorities group number or numbers of Preference (2) No producer shall be required to Rating Schedule.] fill rated orders in excess of the per­ assistance. (n) Communications. All reports to or centage of his production of each cotton be filed, appeals and other communica­ This rating has been assigned under Form textile as specified in the Distribution tions concerning this order should be WPS ______, Serial N o .______.... [Insert Schedules, computed by calendar quar­ the War Production Board form number and addressed to: W ar Production Board, ters. its serial number.] Textile, Clothing and Leather Bureau, (3) The War Production Board may Washington 25, D. C., Ref.: M-317. (This notation is to be used when the establish other percentages with respect rating for a cotton textile, as defined in to any of the cotton textiles listed in the Issued this 8th day of April 1944. this order, is assigned by a Preference Distribution Schedules. W ar P r o d u c t io n B oard, Rating Schedule or a W ar Production (4) No person shall be required to ac­ By J. J o se ph W h e l a n , Board form. When this is done the re- cept any rated order for cotton textiles Recording Secretary. No. 72------2 3838 FEDERAL REGISTER, Tuesday, April 11, 1944

A A -l P reference B ating Schedule

- Preference rating A A -l is assigned for each group to the intermediate processor, processor and merchant in Column I, to obtain deliveries of the cotton textiles in Column II, to be used only as specified in Column n i.

Group Column 1 Column I I Column I I I

1 Intermediate proces­ Carded yam. Wire and cable insulation. sor. Combed yarn. Wire rope centers. Processor. Hawser cord (ring twisted only). Seine twine (ring twisted only).

2 Processor. Fishing twine. Commercial fishing gear, as defined in Merchant. Limitation Order L-282. Twines for mending, repairing, and hang­ ing commercial fish nets. Commercial hand fishing lines. 3 Processor. Cotton tire cord. Tires. Fuel cells. Fuel hose.

AA-2X Preference R ating Schedule

(Schedule amended Apr. 8, 1944.) Preference rating AA-2X is assigned for each group to the intermediate processor, processor, merchant and user in Column I, to obtain deliveries of the cotton textiles in Column II, to be used only as specified in Column III.

Group Column 1 Column 11 Column I I I

4 Processor. • Bagging fabrics, ieno. New textile bags as defined in Conservation Merchant. Bagging fabrics, other special. Order M-221, and for a use there per­ . mitted. Jean. Paper lined bags. . Multi-wall paper bags. Print cloth ol less than 80 sley. Spiral tube shipping containers. Sheetings: Barrel covers. Class A. See note. Class B. Class C. Cord, filler. Twihe, sewing. 5 Merchant. Cord, filler. Bag closures. User. Thread. Twine (other than seine). 6 Processor. , canton. Buffing wheels or buffs. Print cloth of less than 80 sley. Sheetings: Class A. Class C. Soft-filled, for napping, 7 Intermediate proces­ Drill Coated abrasive products. sor. Jean. Processor. Print cloth oi less than 80 sley * Sheeting: Class C. . 8 Processor. Yarn, carded. ' Transmission belts, tapes and ropes. Yarn, combed. Polishing, grinding and rouging belts. Harvester webbing. Shuttle strap . See note. 9 Processor. Osnaburg. Magnesia, asbestos, fibre glass and other Print cloth oi less than 80 sley. pipe covering. Sheetings: See note. Class A. Class B. Class C. Special, not listed in column IV of Limitation Order L-99. Tobacco cloth. 10 Intermediate proces­ Covert. Safety equipment specifically designed and sor. . used to furnish protection against specific Processor. Drill occupational hazards- (other than weath­ . er), as defined and limited in Limitation Print cloth. Order L-114. Sheetings: Class A; Class B. Suede. Twill. Tobacco doth. Thread, sewing.

11 Intermediate proces­ Drill. Surgical dressings, meaning those products sor. Flannel, canton. used in* the cure, mitigation, treatment Processor. Flannel, outing. or prevention of traumatic or pathological Meads cloth. conditions resulting from surgery, injury Print cloth. or disease, and which are commonly Sheetings: known and sold as surgical or medical Class C. products. Soft-filled for napping. Tobacco cloth. Twill.

N ote: The rating for duck is canceled, and all applications or extensions of the rating as to deliveries not made by April 8, 1944 are cancelled. FEDERAL REGISTER, Tuesday, April 11, 1944 3839

AA-2X— P reference R atino Schedule— Continued

Group Column I Column I I Column I I I

12 Intermediate proces­ Prill. Rubber gloves as defined and limited In sor. Flannel. Rubber Order R -l, as amended Deceni- Processor. Netting, knitted. ber 4,1943. Schedule A. Code 18. Print cloth. Sateen. Sheeting: Class C. Twill.

13 Intermediate proces­ Drill. Rubber hose and tubing for safety and in­ sor; Jean. dustrial purposes (including mine and Processor. Osnaburg. shiphold ventilating tubing and fire Print doth of less than 80 sley. hose). Sateen. Rubber packing and gaskets, and other Sheeting: mechanical rubber products, as defined _ Class A. and limited in Rubber Order R -l, as Class 0. amended December 4, 1943, Schedule TwiU. A, Code Nos. 11 and 12. Yam , carded. See note.

14 Processor. Osnaburg. Chafer fabrics, flippers, bead wraps, liner User. Print cloth of less than 80 sley. and wrapper fabrics used in the manu­ Sheetings: facture of tires and other robber products. Class A. Class B. See note. Class 0.

15 Intermediate proces­ Lawn. Cloth and non-selvage tape for industrial sor. Osnaburg. uses: Processor. Print doth. Carton tape. Sheetings: Class C. Corrugated or fibreboard box stay tape. Tubing, industrial. Gummed cloth tape. Window shade cloth. Varnished tape. Varnished cambric cloth for use in Rubber Industry. Holland cloth for use in Rubber Industry. Separator cloth. Insulating tape. Cable wrappmg tape. Friction tape. Pressure sensitive tape. Sealing tape. Supporting tape. Identifying tape.

16 Intermediate proces­ Sheeting: Class B. Varnished cambric to be used only for sor. camelbacks (see Group 12 for list of other Processor. fabrics which may be purchased with this rating for varnished cambric irre­ spective of use).

17 Processor. Yam, carded. Insulating materials: Selvage tape. Insulating webbing and sleeving.

18 Intermediate proces­ DriU. Fabric reinforced laminated plastics. sor. Lawn. Processor Print cloth. See note. Sheetings: Class A. Class B. Class C. TwiU.

19 Merchant. DrUl. Filter and wrapping cloths used in the man­ User. Flannel, canton ufacture of chemicals and chemical Jean. products. Lawn. Print cloth of less than EOsley- Sheetings: Class B. Class C. Soft-filled for napping. Tobacco doth. Twill.

20 User Cord, solid braided. Signal or control cords for use by common carriers.

21 Processor. Yarn, carded. Paper makers' blankets. Yarn, combed. Woven for industrial purposes.

22 Processor. Yarn, carded. Card clothing fabric. Yam , combed.

23 Processor. Print doth of less than 80 sley. Blasting caps and fuses. Yam , carded.

24 Intermediate proc­ Bagging, leno. Agricultural and food processing uses: essor. Drill. Farm equipment: Processor. Flannel. Horse collars and pads. Merchant Osnaburg. Back bands. User. Print cloth of less than 80 sley. Fly nets. Sheetings: Horse and cow blankets, Bed. Dairy products equipment. Class A. Crop cultivation and harvesting uses. Class B. Meat packers supplies. Class O. and incubator crinoline for , woven stripe. poultry raising and other farm uses. Tobacco cloth. Filter cloths required in the production Twill. of sugar, honey, and vegetable oils. Twine (other than seine). Yam , carded. See note.

N ote : The rating for duck is canceled, and all applications or extensions of the rating as to deliveries not made by April 8, 1944 are cancelled. 3840 FEDERAL REGISTER, Tuesday, April 11, 1944

AA-2X— Preference R ating Schedule— Continued

Group Column I Column. II Column III

25 Processor. Osnaburg. Membrane waterproofing (asphalt saturat­ ed fabric).

26 Intermediate proces­ Print cloth of less than 80 sley. Waterproof wrapping materials (non-oxi­ sor. Sheeting: Class C. dizing cloths, impregnated and laminat­ Processor. Tobacco cloth. ed fabrics).

27 Intermediate proces­ Lawn. Tracing cloth. sor. Print cloth. Maps for military or military training use. Processor. Sheetings: Bed. Class B. Class C. Window shade cloth.

28 Processor. Drill. Dust arrestors used tn manufacturing Merchant. Sheeting: Class C. plants. Sateen. Twill.

29 Intermediate proces­ Lawn. Typewriter or duplicating ribbons. sor. Typewriter ribbon cloth. Processor.

AA—4 Preference Rating Schedule (Schedule amended Apr. 8, 1944.) Preference rating AA-4 is assigned for each group to the intermediate processor, processor and user in Column I, to obtain deliveries of the cotton textiles in Column II, to be used only as specified in Column in.

Group Column I Column I I Column I II

30 Intermediate proces­ Blanket lining. Men’s and boys’ work clothing, meaning any sor. Cbambray. garments designed for male workers’ wear Processor. . while engaged in their occupations and of the User (non-profit pub­ Cotton ade. type customarily sold as one of the following: lic institutions Covert. Waistband or dungarees. only). Denim. Bib overalls. Denim stripes. Overall jumpers or . Drill. Blanket-lined overall jumpers or coats. Flannel, woven shirting. One-piece work . Gabardme. Work pants. Hickory stripe. Work breeches. Jean. Cossack . Moleskin. Work . Pin check. Work . . Lined work coats. Sheetings: Doctors’ , dentists’ , internes’ or orderlies’ Bed. , suits or coats. Class A. Druggists’ coats. Class B. Slaughter house workers’ coats. Class C. Butchers’ , fish handlers' or dairy workers Sateen, warp. coats or sets. Suede. Cooks’ coats. Tobacco cloth. Shop and work caps. Twill, four leaf. . See note. Thread, sewing.

31 Intermediate proces­ Print cloth. Oilskin jackets, coats, or apron overalls. sor. Sheetings: Occupational protective clothing (i. e. black Processor. Bed. rubber clothing). Class B. Class C. Thread, sewing.

82 Intermediate proces­ Flannel, mitten. Work gloves, meaning any type of hand cover­ sor. Flannel, colored stripe mitten. ing designed for workers’ wear while engaged Processor. Osnaburg. in their occupations and of the type customarily Print cloth of less than 80 sley. sold as such. Sheeting: Class C. Tubing. Twill. Thread, sewing. 33 Intermediate proces­ Drill. Rubber , as defined and limited in Rub­ sor. Flannel, . ber Order R -l. Processor. . All other footwear as defined and limited in Con Jean. servation Order M-217. Netting, knitted. See note. Osnaburg. Print cloth of less than 80 sley. Sheeting: Class A. Class B. Class C. Sateen. TwiU. 34 Processor. yarns. Knitted cotton linings to be used only in the manufacture of rubber footwear, as denned and limited in Rubber Order R -l.

N ote: The rating for duck is cancelled, and all applications or extensions of the rating as to deliveries not made by April 8,1944 are cancelled. FEDERAL REGISTER, Tuesday, April It, 1944 3841

AA-4 Preference R atino Schedule— Continued

Group Column I Column I I Column I II

85 Intermediate proces­ Diaper cloths: Diapers or finished diaper cloth packaged for sor. Birdseye. consumer distribution. Processor. . Flannelette. Print cloth of less than 80 sley. Tobacco cloth.

36 Intermediate proces­ Tobacco cloth. Sanitary napkins. sor. Processor. 37 Processor, Yarn, carded. Wicking for oil lamps and stoves.

AA-5 Preference Rating Schedule (Schedule amended Apr. 8, 1944.) Preference rating AA-5 is assigned for each group to the intermediate processor, processor and user in Column I, to obtain deliveries of the cotton textiles in Column II, to be used only as specified in Column in.

Group Column 1 Column II Column III

38 User. Bedspreads, crinkle. Hospital use. Blankets (including crib). Diapers. Flannelette. Pillow cases. Sheeting: Bed and pillow case, Class A. Class B. Class C. Sheets: Bed. Crib. Toweling: Huck. Terry. Towels: Huck. Terry. Washcloths, terry.

39 Intermediate proces­ Print cloth of less than 80 sley. Book binding cloths. sor. Tobacco cloth. See note. Processor. Window shade cloth.

40 Intermediate proces­ Drill. Artificial leather for replacement and main­ sor. Lawn. tenance uses. Processor. Print cloth of less than 80 sley. For manufacture into coated fabrics for export or Sateen. for sale to manufacturers of: Sheeting: bed. Book covers. Sheeting: Class 0. Baby carriages. Tobacco cloth. Bicycle and motorcycle seats. Twill. Instrument cases. Shoes. Infants’ waterproof . Sanitary garments. Crib sheets and mattresses. Allergic mattress covers and pillow cases. Bathinettes. Water repellent sheeting or sheets. Play pen pads. High chair pads. N . b. This rating is assigned only to inter­ mediate processors and processors of coated fabrics and is not assigned to the manufacturers of the end products to obtain coated fabrics. See note. 3" User. Cover cloth. Laundry and dry cleaning operating supplies. Drill. See note. Feed ribbons. , table, double napped. Sateen. Sheeting, laundry.

42 Intermediate proces­ Print cloth of less than 80 sley. Laundry and dry ¿leaning tags. sor. Seconds, and remnants Processor. of print cloth 80 sley and higher.

N ote: The rating for duck is canceled, and all applications or extensions of the rating as to deliveries not made by April 8, 1944 are cancelled.

D istribution Schedule—Cotton Y arns, 1943 In which a producer sold the largest Cordage and T w in e percentage of his yarn production is his base (Schedule amended Apr. 8, 1944.) period. Each producer must make available Column I indicates the corresponding item for distribution in accordance with the Dis^ numbers of the various cotton textiles in trlbution Schedule in each calendar quarter this Schedule as each appears on Form the same percentage of his yarn production WPB-658E (12-15-43). as he sold in his base period. This yarn is Column II shows the cotton textiles covered by this schedule. The calendar quarter in called “sale yam .’ D istribution Schedule—Cotton Y arns, Cordage and T w in e — Continued D istribution Schedule—Fin e Cotton G oods— Continued 3842 Column IV shows the minimum percentage percentage, then the lowest rated order shall which must be delivered by the producer be displaced and it may be filled only from Refer­ against all rated orders. However, where the Col- Col­ Col­ that percentage applicable to a subsequent ence Column I Column I I umn umn umn Column V I percentage in Column IV amounts to 100, quarter. Nos. III IV V seconds which are produced in the normal The provisions and explanations stated in course of manufacture may be disposed of Column VI unless otherwise specified apply 17 10, 11...... Combed 37"-128 x 68 and 10 75 100 without regard to this provision to the ex­ to the producer, intermediate processor, 37"-136 x 60. tent that rated orders are not offered. processor, merchant and user and govern 18 12...... All other combed broadcloths____ ... 10 20 100 Column V shows the percentage beyond the particular cotton textiles, no matter 19 13...... Dim ities.'____ ■_...... _•______...... 10 10 100 which rated orders need not be accepted 20 16, 17__ Fancy handkerchief fabrics...... 100 when produced, converted or ordered, and 21 18 thru 2 7 ..:.. Lawns (Combed, part-combed and 10 45 70 by the producer. Priorities Regulation 1 ap­ also products containing those textiles. carded). plies up to that percentage. If receipt of an However, the restrictions in Column V I re­ 22 28 thru 31...... M-rquisettes______7H 100 order which is rated higher than the previ­ 23 33...... Oxfords______v. 10 10 100 lating to exports do not apply where the ex­ 24 34 ously accepted rated order would result in Piques______100 port license or release certificate was issued 25 35...... Pongees______100 having more rated orders than the Column V before January 1, 1944. 26 37, 38...... Combed poplins...... 10 65 80 27 40 ...... Combed and part-combed sateens___ 10 55 70 28 41, 42...... Carded (average yarns finer 10 25 100 Refer­ Column Column Column’ than 35s). ence Column I Column I I REGISTER, FEDERAL IV V . VI 29 43...... Combed sheeting, including bed 100 Nos. sheeting and pillow cases. 30 44...... Shirtings (jacquard gray-dobby and 10 10 MO colored yarn). Carded cotton sale yarn 31 53, 55...... Combed and part-combed twills____ 10 80 100 32 54...... Combed gabardines______10 40 60 1 16 thru 18...... Single machine knitting______45 70 33 56...... Carded twills (yarns finer than 35s).. 10 40 80 Single (other than machine knitting): 34 57_- ____ Tracing c lo th .______25 100 2 1 thru 3, 22, 23, 27, 28...... 20’s and coarser..______.... 65 85 35 58...... Typewriter ribbon cloth______50 100 3 4, 5, 29...... Finer than 20’s._...... 50 70 36 59...... Voiles...... 100 4 10 10 6 thru 15, 19, 21, 25 thru 29. P ly yams______75 90 37 60, 61...... Combination cotton and fab­ 10 10 100 5 20...... M od yarns______100 rics—chiefly cotton. 38 62______All other combed, part-combed and 10 25 100 Combed cotton sale yarn fine carded fabric (yam finer than 35s). Single and ply machine knitting: ' 39 1 thru 9,14, 15, Airplane fabrics and balloon cloth, 2H 75 100 Seconds, shorts and 6 51 thru 56...______70’s and coarser...... 35 50 32, 36, 39, 45, combed ducks, escape boat cloth, remnants only may 7 57 thru 60______Finer than 70’s ...... 100 46 thru 49, 50, insect netting, (PQ D - be delivered for ex­ Single (other than machine knitting): thru 52. 260), wind resistant poplins—Type port. 8 30 thru 32, 62 . ___ . 40’s and coarser...... 90 100 9 11 (PQ D -1A), wind resistant sa­ 33 thru 35, 62...... 45 60 teens, 9 oz. (PQD-245-D); twills H> 36 thru 39, 62____ 71’s and finer______65 85 (combed), Army 6.0 oz. shirting 1944 11, ril p A Tuesday, P ly yarn (other than machine knitting and twill (6-311), Arm y 8.2 oz. thread yarn): twill (6-201-b), N avy twills. 11 40 thru 42, 50, 62...... 40’s and coarser...... 90 100 12 43 thru 45, 50, 62...... 70 85 13 46 thru 50, 62______. 71’s and finer______30 50 14 61...... Thread yarn...... 100 Distribution Schedule—Carded G ray G oods, may be disposed of without regard to this 15 74, 75...... Seine twine and cable cords (including fish 80 100 Colored Y arn and N apped Fabrics and Spe­ provision to the extent that rated orders are net twine, trot lines, staging twines, etc.). cialties not offered. 16 76 thru 78 . .. . Twines, other than seine twine and ctfble 60 80 cords. (Schedule amended Apr. 8, 1944.) Column V shows the percentage beyond which rated orders need not be accepted by Column I indicates the corresponding item the producer. Priorities Regulation 1 applies D istribution Schedule—F in e Cotton G oods provision to the extent that rated orders are numbers of the various cotton textiles in up to that percentage. I f receipt of an order not offered. (Schedule amended .Apr. 8, 1944.) this Schedule as each appears on Form WPB- which is rated higher than a previously ac­ Column V shows the percentage beyond 658B (12-15-43). cepted rated order would result in having Column I indicates the corresponding item which rated orders need not be accepted by Column H shows the cotton textiles covered more rated orders than the Column V per­ numbers of the various cotton textiles in this the producer. Priorities Regulation 1 applies by this schedule. centage, then the lowest rated order shall be Schedule as each appears on Form WPB-658 C up to that percentage. If receipt of an order Column H I shows the minimum percentage displaced and it may be filled only from (12-15-43) which is rated higher than a previously ac­ which must be delivered by the producer that percentage applicable to a subsequent Column II shows the cotton textiles covered cepted rated order would result in having against rated export orders for cotton tex­ quarter. 1 by this schedule. more rated orders than the Column V per­ tiles. This provision does not apply to ex­ The provisions and explanations stated in Column III shows the minimum percentage centage, then the lowest rated order shall be ports made by the United States Army, Navy, Column "VI unless otherwise specified apply which must be delivered by the producer displaced and it may be filled only from Maritime Commission or War Shipping Ad­ to the producer, intermediate processor, against rated export orders for cotton tex­ that percentage applicable to a subsequent ministration. processor, merchant and user and govern the quarter. tiles. This provision does not apply to ex-„ Column IV shows the minimum percentage particular cotton textiles, no matter when The provisions and explanations stated in ports made by the United States Army, Navy, which must be delivered by the producer produced, converted or ordered, and also Maritime Commission or War Shipping Ad­ Column V I unless otherwise specified apply against all rated orders (including those products containing those textiles. However, ministration. to the producer, intermediate processor, specified by Column I I I ). However, where the restrictions in Column VI relating to Column IV shows the minimum percentage processor, merchant and user and govern the the percentage in Column IV amounts to 100, exports do not apply where the export license which must be delivered by the producer particular cotton textiles, no matter when seconds, shorts or remnants which are pro­ or release certificate was issued before Janu­ against all rated orders (including those produced, converted or ordered, and also duced in the normal course of manufacture ary 1, 1944. specified by Column H I ). However, where products containing those textiles. However, the percentage in Column IV amounts to 100, the restrictions in Column VI relating to secofids, shorts or remnants, which are pro­ exports do not apply where the export license duced in the normal course of manufacture or release certificate was issued before Janu­ may be disposed of without regard to this ary 1, 1944. FEDERAL REGISTER, Tuesday, A p ril'll, 1941 3843

D istribution Schedule—Carded G ray G oods, Colored Y arn and N apped F abrics and Specialties— Continued

Refer­ Col­ Col­ Col­ Column V I ence Column I_ Column I I umn umn . umn No. i n IV V

Sheeting and allied coarse and medium yarn fabrics (approx. 6’s to ¡87’«)

5 100 100 100 100 100 100 u ___ Bale coverings (for cotton, cloth, etc.) ______100 Class A sheetings: 14 36" 48 x 44 2.85 y d ...... 15 100 100 40" 48 X 44 2.85'yd...... >5 100 100 must, and not more 40" 48 X 44 2.50 y d ___ ..... ____ 15 100 100 than 90% may, be Class B sheetings: sold by the producer 2J 40" 48 x 40 3.25 yd...... 15 100 100 on ratings assigned under Groups 4 and 24 of the A A - 2X Preference Rat­ ing Schedule or for export to Canada. [See footnote 2.] 99 40" 48 x 40 3.75 yd ...... 100 100 These cotton textiles, as 37" 48 x 44 4.00 yd...... 100 100 , may nbt be delivered for ex­ port except to Can­ ada. A t least 80% of each must, and not more than 90% may, • be sold by the pro­ ducer on ratings as­ signed under Groups 4 and 24 of the A A-2X Preference Rating Schedule or for export to Canada. [See footnote 2.] 60 24 » 40" 44 x 40 4.25 yd...... 140 100 100 A t least 30% of each must, and not more than 40% may, be sold by the producer on ratings assigned under Grou ps 4 and 24 of the A A - 2X Preference Rat­ ing Schedule or for export to Canada. [See footnote 2.] 25 31" 48 x 44 5.00 y d ...... 100 100 These cotton textiles, as piece goods, may be sold only on the ratings assigned un­ der Group 4 of the A A-2 X Preference Rating Schedule or for export to Canada. [See footnote 2.] 17 thru 2ft _ _ All other class A constructions------«25 100 100 A t least 65% of each A ll other class B constructions...... «25 100 100 group must, and not more than 70% may, be sold by the pro­ ducer on ratings as­ signed under Groups 4 and 24 of the A A-2 X Preference Rating Schedule or for export to Canada, [See footnote 2.] 30 thru 39,41,43. 10 70 100 10 50 70 441 Bandoleer and N avy mattress cover 80 100 fabrics. Bed sheetings, 42" and wider (in­ cluding made up sheets and pillow cases): 45 47 Sley of more than 64______10 30 50 Sley of 64 and less______10 20 50 100 100 100 51 Carded poplins (sheeting yam s)..... 10 35 50 2 52 Army 8.5 oz. twill 75 100 (Army Spec. No. 6-261). 3 53 thru 60...... Other three leaf herringbone twills, 10 75 100 Jearws as piece goods, all drills and . may not be delivered for export. 4 fii ______Three leaf pocketing twills 39" 2.58 10 25 40 or 3.00 yd. (sheeting yams). 5 52 Three leaf twills (sheeting 75 100 yarns). 10 75 100 Warp and filling sateens (sheeting yams): 10 20 50 Wide (42" and wider)______— 75 100 10 20 50 100 100 M ay not be used for industrial purposes.

1 Shipments to Canada may not be counted as exports of these class A and class B sheetings. * Effective as of April 1, 1944. 3844 FEDERAL REGISTER, Tuesday, A p ril 11,1944

D istribution Schedule—Carded G ray G oods, Colored Y arn and N apped Fabrics and [Limitation Order L-260, Revocation] Specialties— Continued P art 3291— C o n s u m e r s D u r able G oods

Refer- Col- Col- Col- FURNITURE ence Column I Column I I umn umn umn Column V I No. h i IV V Limitation Order L-260 (§ 3291.65) is revoked. This revocation does not affect Print cloth yarn fabrics (approx. any liabilities incurred under the order. 28’s to 1,%’s) The order is superseded by Order 71 74...... Print cloth yarn fabrics of window 30 60 L-260-a, as amended, simultaneously shade quality—all counts. with this revocation. 72 75, 81, 82...... Plain print cloths, 80 sley and higher. 100 100 These cotton textiles, Issued this 8th day of April 1944. as piece goods, may not be delivered for W ar P r o d u c tio n B oard, export. 73 76 thru 81,83,86. Other plain print cloths (including 10 . 35 70 B y J. J o se ph W h e l a n , fancies, other than dobby weave), Recording Secretary. except bandage cloths. 74 84...... Pajama checks...... 70 100 [F. R. Doc. 44-5012; Filed, April 8, 1944; 75 85...... 100 100 M ay not be used for 11:19 a. m.] industrial purposes. 76 87, 88...... Bandage cloths (99 to 72 threads per 10 80 100 square inch). Tobacco and : 77 89...... All widths, 20 x 12 construction.. 90 100 P art 3291— C o n s u m e r s D ur able G oods 78 90...... All widths, 17 to 18 sley, 12 to 14 100 100 M ay be used only for pick. sanitary napkins and [Limitation Order L-260-a, as Amended Apr. milk filters. 79 91______All other constructions ___ 5 - 80 100 8, 1944] 80 Carded , plain and fancy.. 10 25 50 81 96...... Carded poplins (print cloth warp 10 25 50 FURNITURE AND FURNITURE PARTS yarns) plain and fancy. 82 97 ______Three Leaf Twills (print cloth yarns) 10 25 65 The fulfillment of requirements for the defense of the United States, has created Colored yarn fabrics a shortage in the supply of wood and , pip stripes, pin checks, other critical materials for defense, fop hickory stripes, etc.: 83 98 thru 106...... 3.00 yd. and heavier (basis 28").. 100 100 private account and for export; and the following order is deemed necessary and 84 103, 104...... Lighter than 3.00 yd. (basis 28"). 10 50 75 85 107'thru 110...... Cottonades and suiting coverts_____ 10 90 100 appropriate in the public interest and to 86 I l l ...... Whipcords and bedford cords______10 90 100 promote the national defense: 87 112...... 10 10 100 88 113, 114...... Seersuckers...... 10 45 100 § 3291.66 General Limitation Order 89 115, 116...... 10 10 100 80 117, 118...... Cotton and rayon suitings (51% or 10 10 100 L-260-a— (a) What this order does. more cotton). This order governs the manufacture and 91 •119 thru 121. .. 10 75 100 distribution of furniture. It restricts 92 122...... 100 - 100 Except for shorts, rem­ nants and prison- the use of certain materials in the pro­ made goods, these duction of furniture both for civilian use, cotton textiles, as piece goods, may not and for all other uses, including Army, be delivered for ex­ Navy or other Governmental orders. port. 93 123...... 10 10 100 (b) Definitions. For the purposes of 94 124...... Bedtickings...... ' ...... 10 10 100 this order: Towels, toweling and dishcloths, wash■ (1) The term “manufacturer” means cloths and bath mats any person who makes, assembles, fin­ ishes or upholsters any new furniture. - 95 125...... Turkish and terry woven...... 7)4 30 50 96 126 __ .. ____ Huck______5 30 55 (2) “Furniture” as used in this order 97 126...... and Jacquard woven (other 5 fi 50 means all articles commonly known as than terry). 88 127...... Dish towels and other twill and plain 6 25 £0 furniture including, but not limited to, woven towels (including all cotton, products shown on List I, but not includ­ part and part rayon). 99 128...... 100 ing products shown on list II. (3) “Wood” means furniture parts and Napped fabrics all sawed lumber including round edge, 100 129...... 10 25 50 of any size or grade, whether rough, 101 130, 131...... Work shirt ...... 5 70 90 dressed on one or more sides or edges, 102 132...... Canton flannels.______..1. 90 . 100 At least 85% must be sold for the manufac- dressed and matched, shiplapped, worked ture of work gloves. to pattern, or grooved for splines. The 103 134...... Interlining flannels______10 100 104 135...... ^and suedes___ 10 100 100 term does not include veneer and all 105 133, 136...... All other napped fabrics, except 10 75 90 Neither gun patch veneer, constructed plywood, whether blankets. flannel nor gun patches may be produced or purchased by a manufac­ delivered for export. turer. Neither does it include slabs, Soft filled sheetings for napping: 106 12...... Under 42"_____-r...... 10 10 100 edgings, trims and off-falls less than 3 107 13...... 42" and wider...... 10 10 100 inches wide or less than 4 feet long when 108 137...... Blankets and blanketing, crib...... 50 purchased in such form. 109 138 thru 140...... Blankets and blanketing,’other than 5 10 50 crib. (4) “Veneer” means, for the purpose of this order and only for the purpose of Other woven cotton fabrics and specialties this order, a layer of wood % inches or less in thickness whether sawn, sliced or 110 153...... Corduroys, Men’s Wear Weights 2H 100 100 36"—12 to 13 oz. Thicksets. rotary cut. 111 152, 154...... A ll other cordurbys...... 15 100 (5) “Furniture parts” as used in this 112 143; 144...... Bedspread fabrics—woven style___ 100 113 147...... Flag ...... I . 80 100 order means parts, unassembled or as­ 114 148 thru 151___ _ , upholstery, tapestry, lug- 10 10 100 sembled, intended for use in the produc­ gage and automobile seat cover tion of furniture, including but not lim­ fabrics. 115 155, 156...... , , and 6 35 65 ited to, dimension parts whether or not other pile fabrics. cut to size, machined or partially ma­ 116 157...... 5 5 40 117 145, 146, 158 A ll other carded fabrics, except ducks 10 10 100 chined, carvings, turnings, Venetian and tire fabrics. blind slats, moldings, lumber cores used or purchased as such or in the form of N ote: Interpretation I of M-317 is a question and answer interpretation. plywood. (6) “Pattern” means any piece of fur­ [F. R. Doc. 44-5013; Filed, April 8, 1944; 11:20 a. m .] niture, whether or not containing wood FEDERAL REGISTER, Tuesday, April 11, 1944 • 3845 as defined in paragraph (b) (3), having (4) Request for specific authorization may be punished by fine or imprisonment. its own identification mark and selling to make a change in patterns should be In addition, any such person may be pro­ price, except that for the purpose of this made by letter addressed to the W ar Pro­ hibited from making or obtaining further order, two or more pieces of furniture duction Board, Washington, 25, D. C., deliveries of, or from processing or using identical in every respect other than Ref: L-260-a. material under priority control and may color, finishing material, fabric, leather (5) The provisions of this paragraph be deprived of priorities assistance, or other outer covering or cover, species (e) do not apply to the manufacture of (n) Communications. All reports re­ of wood or veneer, spring construction, the following: (i) Venetian blinds; (ii) quired to be filed hereunder and all com­ content of metal parts or method of join­ furniture to fill any order, contract or munications, other than appeals, con­ ing shall be considered one pattern, subcontract placed by or for the account cerning this order shall, unless otherwise whether or not they have the same sell­ of the Army or Navy of the United States, directed, be addressed to the W ar Produc­ ing price, A suite of furniture of two or the United States Maritime Commission, tion Board, Consumers Durable Goods more different pieces shall constitute two the W ar Shipping Administration, or the Division, Washington 25, D. C., Ref: or more patterns. ^ aJSederal Public Housing Authority. L-260-a, as amended. (7) “Upholstery springs” means any (f) Restrictions on the use of metal. Issued this 8th day of April 1944. type of spring, intended for use in up­ (1) No manufacturer shall use in the W ar P r o d u c t io n B oard, holstered furniture, whether flat, coiled production of upholstered furniture in any calendar quarter more metal uphol­ B y J. J o se ph W h e l a n , or otherwise formed, made of metal, in­ Recording Secretary. cluding but not limited to, upholsterer’s stery springs than 12 */2 % by weight of seat springs, spring cushion units, pillow the total weight of metal upholstery List I springs, flat or formed under-construc­ springs used by him in the year 1941. This list includes certain items subject to tions, spring constructions, spring sup­ (2) No manufacturer shall use in the production of furniture any steel sheet this order. It is not intended to be aU porting bars, edgewire and edgewire clips. inclusive. (8) “Upholstered furniture” means or strip which is 12 inches or more in width. Item padded furniture whether or not con­ No. Description taining upholstery springs. (g) Small manufacturers excluded. 1 Household furniture. (c) Restrictions on use of wood. Dur­ This order does not apply to any manu­ 2 Porch and lawn furniture including ing any calendar quarter, no manufac­ facturer in any quarter in which his sales swings and gliders. turer shall use in the manufacture and* of furniture are less than $5,000.00 pro­ 3 Camp furniture. crating of furniture more than 21% of vided that his sales did not exceed $20,- 4 Juvenile furniture including baby cribs, high chairs, toilet chairs, nursery toi­ the amount of wood which he used for 000.00 in any of the years 1941, 1942, or let seats, and juvenile bathinettes, these combined purposes in the calendar 1943. (h) Equitable distribution to retailers. play pens, and porch and stair gates, year 1943. Use of wood shall be meas­ table and chair sets, desk sets. ured in board feet, and wood shall be It is the policy of the W ar Production 5 Office furniture. considered used in the quarter in which Board that furniture not required to fill 6 Restaurant furniture, portable. it is first changed from the form in which rated orders be distributed equitably to 7 Public building furniture (including it was received or is first assembled, fin­ retailers giving due regard to established furniture for schools, theaters, assem­ ished or upholstered. In computing the trade connections and also to .the needs bly halls, churches, libraries, hospi­ tals.) amount of wood used in items such as of dealers whose usual supplies have been cut off and diverted, and to the increased 8 Office, store fixtures and show cases ex­ furniture parts or as assembled furni­ cept refrigerated. ture, bought otherwise than by gross needs of certain areas caused by war con- 9 Venetian blinds. board-foot measurement, a manufac­ . ditions. If voluntary compliance with 10 Barber shop and beauty shop furniture turer may convert it to board feet by any this policy is not found to be sufficient, except barber chairs. reasonable and consistent method. the W ar Production Board may issue di­ 11 Store display stands and cabinets. (d) Restrictions on receipt of wood. rections with respect to sales to specified 12 Furniture frames. Nd manufacturer shall accept any de­ outlets or to outlets in specified areas. 13 Wooden filing cabinets. 14 Telephone booths. livery of wood, which, added to all in­ (il Finished item deliveries. No per­ son shall deliver, offer for sale, or accept 15 Folding furniture such as tables, chairs, ventory on hand, including wood in dry luggage racks. kilns, will give him a supply greater than: delivery of any furniture or furniture 16 Storage chests and utility cabinets other (1) 42% of the amount of wood (which part which he knows or has reason to be­ than permanent fixtures. requires kiln or air drying prior to use) lieve was made, assembled or delivered in 17 Step stools. consumed by him in the production of m violation of this order. 18 Reed and rattan furniture. (j) Reports. All persons affected by furniture in 1943. List II (2) 21% of the amount of other wood, this order shall execute and file with the consumed by him in the production of W ar Production Board such reports as This list includes certain items not cov­ ered by this order. furniture in 1943. the W ar Production Board may specify (e) Restrictions on patterns. (1) Un­ from time to time, subject to the approval Item til June 1st, no manufacturer shall at of the Bureau of the Budget pursuant to No. Description any one time be engaged in processing, the Federal Reports Act of 1942. 1 Metal office furniture and equipment fabricating, assembling or offering for subject to Limitation Order L-13-a. (k> Appeals. Any appeal from this 2 Metal household furniture subject to sale in combined total more than 35% of order should be made on Form WPB-1477 Limitation Order L-62. . the total number of patterns of furniture (formerly PD-500) and should be filed 3 Bedding products subject to Limitation offered for sale by him during the month with the field office of the W ar Produc­ Order L-49. of September, 1941, or 24 patterns, which­ 4 Hospital, medical and surgical furniture tion Board for the district in which is ever is greater. and related equipment subject to (2) On and after June 1, 1944, no located the plant to which the appeal re­ Limitation Order L-214. manufacturer shall at any one time be lates. 5 Laboratory equipment subject to Limi­ tation Order L-144. engaged in processing, fabricating, as­ (l) Applicability of regulations. This order and all transactions affected 6 Refrigerators. sembling or offering for sale in combined 7 Wooden lockers, industrial and institu­ total more than 25% of the total num­ thereby are subject to all applicable pro­ tional. ber of patterns of furniture offered for visions of the regulations of the W ar 8 Wooden shelving. sale by him during the month of Sep­ Production Board, as amended from time 9 Wooden factory and industrial equip­ tember, 1941, or 24 patterns, whichever is ment. to time. 10 Fixtures specifically designed to be built greater. (m ) Violations. Any person who wil­ (3) No manufacturer shall produce or in or permanently attached. fully violates any provision of this order, 11 Cafeteria and lunch counters. offer for sale any pattern of furniture or who, in connection with this order, 12 Woodenware. which had not been offered for sale by wilfully conceals a material fact or fur­ 13 Drafting tables. him prior to March 15,1943, or any pat­ 14 Luggage such as footlockers. tern which has not been specifically au­ nishes false information to any depart­ thorized in writing by the W ar Produc­ ment or agency of the United States, is [F. R. Doc. 44-50\4; Filed, April 8, 1944; 11:19 a. m.] tion Board. guilty of a crime, and upon conviction No. 72----- 3 3846 FEDERAL REGISTER, Tuesday, April 11, 1944

P art 3175— R e g u la t io n s A p plic a b le T o cedures which will replace existing pro­ feet of lumber during the last quarter of t h e C o n tr o lled M aterials P l a n cedures under other orders. These pro­ 1943 or expects to consume more than [CMP Reg. 5, Interpretation 12] cedures will be described in a later revi­ 50,000 board feet of lumber during either sion of this order. the second or third quarter of 1944, such INCREASED QUOTAS FOR SEASONAL BUSINESSES (b) Definitions. For the purposes of plant would be treated as a separate The following interpretation is issued this order: (1) “Lumber” means any sawed or “Class I Consumer” for all purposes un­ with respect to CMP Regulation 5: hewed railway cross ties and switch ties, der this order. Inventories may not be (a) Paragraph (f) (4) of CMP Regulation and any sawed lumber of any species, split for the purpose of evading this No. 5 as amended on February 26, 1944, per­ size or grade including round edge, mits the use of a specific quota authorization order. as an increased quota for all following quar­ rough, dressed on one or more sides or ters. Thus if a particular company’s quota edges, dressed and matched, shiplapped, (3) “Sawmill” means: has been increased by specific authorization worked to pattern, or grooved for splines, (i) Any mill or plant, stationary or during the fourth quarter of 1943 from $100,- except: portable, which produces any lumber^ 000 to $125,000 the company has a quota (1) Dogwood, rattan, and aircraft and, for each succeeding quarter of $125,000. grade of sitka spruce; (ii) Any concentration yard or plant (b ) In the case of a person operating under other than a mill if the yard or plant a seasonal quota under paragraph (f) (2), his (ii) Shingles, lath, and slabs; quarterly quota varies from quarter to quar­ (iii) Edging, trim, and off-fall less is located in a producing area and proc­ esses by drying, sawing, edging, planing, ter based on the similar quarter of 1942. than three inches wide or less than four Consequently, when a seasonal quota has feet long, unless produced for the pur­ or some other comparable method, 25 been increased by specific authorization for percent or more of the total volume of pose of evading this order; any one quarter, that increase does not in­ logs and lumber which it receives. crease all succeeding quarters, but may only • (iv) Hardwood flooring; (iii) The term “sawmill” does not in­ be used as an increased quota during the (v) Items produced from lumber but clude any establishment known in the same quarter of the following year. Thus not classified in the trade as “lumber” trade as a distribution yard engaged in if a company operating on a seasonal basis such as box shook, last blocks, and mill had a quota during the third quarter of 1943 either retail or wholesale business, even of $10,000, and during the fourth quarter of work; though such a yard may process more 1943 of $50,000 and received an increase of (vi) Used lumber. than 25 percent of the volume of lum­ the fourth quarter’s quota from $50,000 to (2) “Class I Consumer” means any per­ ber it receives for the servicing of spe­ $60,000, its quota for the third quarter of son or any part of a person’s operation cial orders from customers. 1944 would remain at $10,000, although its (such as a plant, branch, or department) (4) “Sawmill stock” means any lum­ fourth quarter quota of 1944 would become ber in the possession of a “sawmill.” $60,000. as to which a separate lumber inven­ (5) “Distributor” means any person (c) Where a company has received succeed­ tory is regularly maintained, which ing special authorizations increasing a quota, who buys lumber from a “sawmill” or and where it is not on a seasonal basis, the either received more than 50,000 board from another distributor for resale either last special authorization determines the feet of lumber during the last quar­ at wholesale or retail. company’s quota during each following ter of 1943 or expects that he will (6) “Distributor stock” means any quarter. need to receive more than 50,000 board lumber which a distributor has in his Issued this 10th day of April 1944. feet of lumber during either the second possession for resale, or for his own use. or third quarters of 1944, for all pur­ (7) “Person” means any individual, W ar P r o d u c t io n B oard, poses, except: (i) operations for which partnership, association, business trust, B y J. J o s e ph W h e l a n , producers have been assigned serial num­ corporation, governmental corporation Recording Secretary. bers under Order P-56 (regarding mines or agency, or any organized group of [F. R. Doc. 44-5099; Filed, April 10, 1944; and smelters); (ii) operations directly persons, whether incorporated or not. 11:35 a. m.j incident to the discovery, development, (c) Acceptance of lumber in second or depletion of a petroleum pool as au­ quarter without filing application for­ thorized by Petroleum Administrative bidden. No “Class I consumer” may re­ Order 11; (iii) resale by a sawmill or dis­ ceive any lumber from any source after P art 3285— L u m b er and L u m b er P roducts tributor; (iv) use outside the 48 states April 25, 1944 unless on or before April [Order L-335, as Amended Apr. 6, 1944 *] and the District of Columbia; and (v) 25, he has filed with the W ar Production LUMBER CONSUMERS’ REQUIREMENTS construction jobs which have been ex­ Board form WPB-3640. This means that pressly authorized by the W ar Produc­ if a “Class I consumer” does not file The fulfillment of requirements for the tion Board or by any other Federal application he is forbidden to receive any defense of the United States has created agency whose authorization makes it un­ lumber even though he has a preference a shortage in the supply of lumber for necessary to get permission from the rating for it or has been authorized to defense, for private account and for ex­ W ar Production Board for construction. receive lumber under another order, reg­ port; and the following order is deemed This exception does not include those ulation, or certificate of the W ar Produc­ necessary and appropriate in the public construction jobs which do not require tion Board. The only exceptions are: . interest and to promote the national the permission of the W ar Production (1) A ’’Class I consumer” may receive defense: Board or any Federal agency under Or­ the amount of lumber necessary for a § 3285.121 Order L-335— (.a) What der L-41. If a person has two or more construction job which has been author­ this order does. This order requires branches, plants, departments, or other ized in writing by the W ar Production Board or by any other Federal agency large consumers of lumber to file appli­ divisions which regularly maintain sep­ whose authorization makes it unneces­ cation with the W ar Production Board arate lumber inventories and none of stating their requirements for the sec­ sary to get permission for construction which comes within the above definition, ond and third quarters of 1944 and pro­ from the W ar Production Board. He hibits them from receiving lumber after then neither the person nor any of its may not, under this exception, receive April 25, 1944, unless they file their ap­ divisions is a “Class I Consumer”. Thus, lumber for those construction jobs which plications. These applications will be if a company has two 'plants "'maintain­ do not require the permission of the W ar used by the W ar Production Board as Production Board, or any other Federal ing separate lumber inventories each of agency under Order L-41. a basis for authorizing the applicants to which consumed less than 50,000 board (2) A “Class I consumer” who is also in receive lumber, during part of the second feet of lumber in the last quarter of 1943 the mining or smelting business may re­ and all of the third quarters, under pro- and expects to consume less than 50,000 ceive lumber for an operation which has been assigned a serial number under Or­ 1 This document is a restatement of Amend­ in each the second or third quarter of der P-56. ment 1 to L-335, which appeared in the Fed­ 1944 then neither of the plants nor the (3) A “Class I consumer” who is also eral R egister of April 7, 1944, page 3731, and company is a “Class I Consumer”. If reflects the order in its completed form as of in the petroleum industry may receive April 6, 1944. either plant consumed over 50,000 board lumber for operations directly incident FEDERAL REGISTER, Tuesday, April 11, 1944 3847 to the discovery, development, or deple­ provisions of this order, or any other Chapter XI—Office of Price Administration tion of a petroleum pool as authorized order or regulation of the W ar Produc­ P art. 1360— M o t o r V e h ic l e s a n d M o t o r by Petroleum Administrative Order 11. tion Board. 1 V e h ic l e E q u i p m e n t (4) A “Class I consumer” who also has (h) Reports. Any person shall exe­ a sawmill or a distribution yard may re­ cute and file, with the W ar Production [RMPR 341,1 Amdt. 2] ceive lumber for resale. Board such other reports and question­ (5) A “Class I consumer” may receive naires as the W ar Production Board may, MAXIMUM PRICES FOR USED COMMERCIAL lumber if authorized in writing by the from time to time, require, subject to the . ) MOJOR VEHICLES W ar Production Board and if the written approval of the Bureau of the Budget A statement of the considerations in­ authorization expressly refers to this or­ pursuant to the Federal Reports Act of der and grants an exception from it. volved in the issuance of this amend­ 1942. ment, issued simultaneously herewith, (d) Receipt of lumber by Class I con­ (i) Appeals. Any appeal from the has been filed with the Division of the sumers who have filed applications. Un­ provisions of this order shall be made til otherwise notified by the W ar Produc­ Federal Registér.* b> mailing a letter to the W ar Produc­ Appendix B of Revised Maximum Price tion Board either through an amend­ tion Board referring to the particular ment of this order or by action on his Regulation 341 is amended' to read as provision appealed from and stating fully follows: application,^ “Class I consumer” who the grounds of the appeal. Appendix B : Form of Certificate of Transfer has filed his application may receive lum­ (j) Violations. Any person who wil­ ber to the extent he is authorized by other to be completed for a sale of a used vehicle.2 fully violates any provision of this order applicable orders and regulations of the or who, in connection with this order, This amendment shall become effective W ar Production Board, and he may pro­ wilfully conceals a material fact or fur­ April 13, 1944. . cure lumber under the procedures pro­ nishes false information to any depart­ vided in such orders for delivery at any (56 Stat. 23, 765; Pub. Law 151, 7?th ment or agency of the United States, is time in the future until otherwise pro­ Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, guilty of a crime, and upon conviction vided. 8 F.R. 4681) may be punished by fine or imprison­ (e) Receipts' from own sawmill stock ment. In addition, any such person may Issued this 7th day of April 1944. or distribution stock included. Under the be prohibited from making or obtaining J a m e s F. B r o w n l e e , definitions provided for in this order a further deliveries of, or from processing Acting Administrator. person may find that his operations make or using, material under priority control him both a “sawmill” and a “Class I con­ [F. R. Doc. 44-4989; Filed, April 7, 1944; sumer” or both a “distributor” and a and may be deprived of priorities assist­ 12:11 p. m.] “Class I consumer”, or he may be all ance. three. Any person who finds that he is a (k) Application and communications. “Class I consumer” as well as a “distrib­ Form WPB-3640 for use in filing applica­ tions under this order may be obtained utor” or a “sawmill” must file an appli­ P art 1407— R a t i o n in g o f F o o d a n d F o o d cation for permission to receive lumber at any W ar Production Board District P r o d u c t s Office. All communications, unless •for that part of his operation which [Rev. RO 3,3 Amdt. 8] makes him a “Class I consumer.” For otherwise directed, must be addressed as example, if a person has his own sawmill follows: Lumber and Lumber Products SUGAR or distribution yard and also maintains Division, W ar Production Board, W ash­ his own cut-up. plant, box factory or ington 25, D. C., Ref.: L-335. A rationale accompanying this amend­ ment, issued simultaneously herewith, other plant where fabricated products Issued this 6th day of April 1944. are made from lumber or he uses lumber has been filed with ttye Division of the W ar P r o d u c t io n B o ar d , for purposes other than resale, he must Federal Register.* By J. J o s e p h W h e l a n , Revised Ration Order 3 is amended apply for permission to use his “sawmill Recording Secretary. stock” or “distribution stock” in another in the following respect: piece of machinery, department, or plant [F. R. Doc. 44-5098; Filed, April 10, 1944; Section 1407.241, Schedule A, Table which turns out products other than 11:35 a. m .j VII, is amended to read as follows: lumber, such as fabricated products or T able V II—Jams, Jellies, Preserves, M armalades, and Fruit Butters (Including I mitations) parts for fabricated products either for his own use or resale. The term “fabri­ Quantity of cated products” includes hardwood floor­ sugar allowed, ing but does not include softwood floor­ Product Type of fruit in pounds, per pound of fin­ ing which is included in the definition ished product of lumber. (f) Existing lumber orders and proce­ Jams, jelly, preserves, or marmalade, including Fresh or canned fruit, .fruit juices, tomatoes, or 0.67 dures. This order for the present in no imitations (pounds). fruit frozen without sugar. way affects the manner in which lumber Fruit frozen at ratio of fruit to sugar of: 3 to 1 ...... -...... 50 is controlled under other lumber orders 4 to 1...... — .54 and particularly orders L-218, L-290, M - 5 to 1 ...... -...... - ...... 57 6 to 1 ...... , ...... 59 361, and M-364. In other words, except Not made with fruit, fruit juice, or tomatoes___ (') for “Class I consumers” all transactions Fruit butter, including imitations (pounds)..... Fresh or dried fruit, or fruit frozen without sugar. .32 in lumber will continue to be handled as None if this order did not exist. Even “Class I consumers” can make purchases and ar­ 1 For each pound of finished product the smaller of the two following amounts: (1) 100 per cent of average amount of sugar used per pound of same product during 1941; (2) 0.67 pounds of sugar. range for delivery of lumber in compli­ ance with other applicable orders pro­ This amendment shall become effective April 12,1944. vided their applications on Form W PB - (Pub. Law 421, 77th Cong.; E.O. 9125, 7 F.R. 2719; E.O. 9280, 7 F.R. 10179; W PB Dir. 3640 are filed with the W ar Production No. 1 and Supp. Dir. No. IE, 7 F.R. 562, 3965; Food Dir. No. 3,8 F.R. 2005; Food Dir. 8, Board by April 25, 1944. Before the end 8 F.R. 7093) of the second quarter this order will be amended and new procedures will be Issued this 7th day of April 1944. J a m e s F. B r o w n l e e , established under which all consumers Acting Administrator. will be authorized to receive lumber. [F. R. Doc. 44-4987; Filed, April 7, 1944; 12:11 p. m.] j (g) Restrictions on delivery. No per­ son shall sell, ship, or deliver, or cause •Copies may be obtained from tbe Office of Price Administration. to be sold, shipped or delivered, any lum­ 18 F it . 11176, 17036, 17414. ber which he knows or has reason to be­ * Copies of the form máy be obtained from the Office of Price Administration. lieve will be used in violation of the * 9 F.R. 1433, 1534, 2233. 3848 FEDERAL REGISTER, Tuesday, April 11, 1944

P a r t 1407— R a t i o n in g o f F o od a n d F ood This amendment shall become effective 1. Section 1381.153 (a) is amended so P r o d u c t s April 13, 1944. that the definition of “towable waters” contained in the second paragraph shall [RO 16,1 Amdt. 126] (50 Stat. 23, 765; Pub. Law 151, 78th Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, read as follows: MEAT, FATS, FISH AND CHEESES 8 F.R. 4681) “Towable waters” means any year- A rationale for this amendment has Issued this 7th day of April 1944. round towable waters along the Coast been issued simultaneously herewith and J a m e s F. B r o w n l e e , of Oregon, the Skagit River, Puget has been filed with the Division , of the Acting Administrator. Sound, Willapa Bay, Grays Harbor, Co­ Federal Register.* lumbia River, and Willamette River. Ration Order 16 is amended in the fol­ [F. R. Doc. 44-4986; Filed, April 7, 1944; The Willamette River shall be considered 12:11 p. m.] lowing respects: towable from its mouth to a point one 1. Section 26.1 (a) is amended to read mile south of Albany, Oregon, and the as follows: P ar t 1381— S o f t w o o d L u m b e r Skagit River shall be considered towable (a) Rendering establishment. Any [RM PR 161,1 Amdt. 12] from its mouth to Lyman’s Ferry. place at which a “person” processes WEST COAST LOGS 2. Tables A, C, D, E, F, and H of “household salvage fats” by dry render­ A statement of the considerations in­ ing such fats in a closed fat melter or § 1381.154 are amended to read as fol­ volved in the issuance of this amend­ wet rendering such fats in a steam pres­ lows: ment, issued simultaneously herewith, sure tank to produce tallow, grease, tank­ has been filed with the Division of the § 1381.154 Tables of maximum prices. age, fatty acids, or detergents is a “ren­ Federal Register.* The maximum delivered prices per 1,000 dering establishment”. Revised Maximum Price Regulation feet, log scale, for West Coast logs shall 2. Section 26.4 (a) is amended by sub­ 161 is amended in the following respects: be as follows: stituting the number “15” for the num­ ber “20” in the next to the last sentence. CA) DOUGLAS FIR This amendment shall become effective Willapa Columbia April 12, 1944. Puget Bay-Grays Sound River Tillamook Harbor district (Pub, Law 671, 76th Cong., as amended district district by Pub. Laws 89, 421, 507 and 729, 77th Cong.; E.O. 9125, 7 F.R. 2719; E.O. 9280, $45.00 $45.00 $45.00 $43.00 7 F.R. 10179; W PB Dir. 1, 7 F.R. 562; and 40.00 40.00 40.00 38.00 Supp. Dir. 1-M, 7 F.R. 8234; Food Dir. 1, 35.00 35.00 35.00 33.00 27.00 27.00 27.00 25.00 8 F.R. 827; Food Dir. 3, 8 F.R. 2005; Food 31.00 29.00 29.00 27.00 Dir. 5, 8 F.R. 2251; Food Dir. 6, 8 F.R. No. 2 sawmill log, old growth yellow fir...... --...... 23.00 23.00 23.00 21.00 3471; Food Dir. 7, 8 F.R. 3471) No. 2 sawmill log, all other types including second growth...... 22.00 22.00 22.00 '20.00 No. 3 sawmill log—old growth—yellow fir------20.00 20.00 ' 20.00 18.00 Issued this 7th day of April 1944. Camp-run (ungraded) and No. 3 sawmill, all other types...,— 18.00 18.00 18.00 16.00 J a m e s F. B r o w n l e e , Acting Administrator. (O WESTERN HEMLOCK

[F. R. Doc. 44-4988; Filed, April 7, 1944; Suitable for peeling and better------, ------$27.00 $27.00 $27.00 $25.00 12:11 p. m.] 23.00 23.00 23.00 21.00 21.50 21.50 21.50 19.50 20.00 20.00 20.00 18.00 Camp-run (ungraded)— . . . . ------— ...... 20.00 20.00 20.00 18.00 P ar t 1449— C h a r c o a l CD) WESTERN WHITE FIR [MPR 431,2 Amdt. 8] $27.00 $26.00 $26.00 $24.00 CHARCOAL 23.00 22,00 22.00 20.00 21.50 21.50 21.50 19.50 A statement of the considerations in­ 20.00 20.00 20.00 18.00 volved in the issuance of this amendment, 20.00 20.00 20.00 18.00 issued simultaneously herewith, has been filed with the Division of the Federal (E) SITKA SPRUCE Register.* Maximum Price Regulation No. 431 is $45.00 $45.00 $45.00 $43.00 No. 2 (of a texture which will produce aircraft lumber)...... 30.00 30.00 30.00 28.00 amended in the following respects: No. 2 (of a texture which will not produce aircraft lumber)...... 24.00 24.00 24. 00 22.00 1. The definition of “Dealer” in section 20.00 20.00 20.00 18.00 18.00 9 (a) is amended to read as follows: Camp-run (ungraded)...... 20.00 20.00 20.00

“Dealer” means a person who pur­ (F) NOBLE FIR chases charcoal and resells it in substan­ tially the same form, and includes a per­ Aircraft grade...... $45.00 $45.00 $45.00 $43.00 son who purchases charcoal and grinds Suitable for peeling...... 35.00 35.00 35.00 33.00 23.00 23.00 23.00 21.00 it before reselling it, but does not include 21.50 21.50 21.50 19.50 a person selling at retail. 20.00 20.00 20. 00 18.00 Camp-run (ungraded)______20.00 20.00 20.00 18.00 2. A new definition is added to section 9 (a) between the definition of “Dealer”

This addition is subject to all of the Permissible defects: tion or the W ar Production Board a per­ following conditions and provisions, ex­ Pitch-rings son may, without a certificate, transfer cept that operators claiming the 48 hour Firm stain a tire or tube as part of the equipment of addition are not subject to the require­ Firm conk a vehicle in conjunction with the trans­ ments of paragraphs (a) and (b) relat­ Knots fer of such vehicle: Provided, however, Worm-holes ing to applications for certifications and That a tire or tube acquired in exchange Straight splits for a certificate may be so transferred monthly reports: Heart checks * * * * * Cross checks only after six (6) months of the acquisi­ tion of such tire or tube by the transferor (g) Contract logging. When figuring This amendment shall become effective the ceiling price on contract logging and after said tire or tube has -been used April 7, 1944. services under Maximum Price Regula­ four thousand (4,000) miles or more, or tion No. 503, the overtime addition may (56 Stat. 23, 765; Pub. Law 151, 78th after having obtained a written authori­ not be included in estimating the value Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, zation from the Director of the Office of the logs produced. However, where 8 F.R. 4681) of Price Administration for Puerto Rico. The Director may authorize a transfer the contractor operates the required Issued this 7th day of April 1944. number of hours, the additions per­ in cases where in his judgment it shall J am es F. B r o w n l e e , mitted by this Section may be separately not operate as an evasion of this Order. Acting Administrator. paid to the contractor. No person shall accept the transfer of such tire or tube unless in accordance [F. R. Doc. 44-4998; Filed, April 7, 1944; 4. Appendix A is amended by the dele­ with this paragraph. tion of the grades of No. 1 and No. 2 4:21 p. m.] Douglas Fir Wood logs under the head­ This amendment shall become effec­ ing “Douglas Fir and Spruce Sawmill tive April 10, 1944. Logs.” P art 1315— R ubber and P roducts and (Pub. Law 671, 76th Cong., as amended 5. Appendix A is amended by the dele­ M aterials o f W h ic h R ubber I s a C o m ­ by Pub. Law 89, 77th Cong., and by tion of the paragraph headed “Wood p o n e n t Pub. Law 507, 77th Cong., Pub. Laws 421 Logs— All Species”, and the substitution and 729, 77th Cong., E.O. 9125, 7 F.R. [RO IB,1 Arndt. 6] of the following: 2719. W PB Directive No. 1, Supp. Dir. WOOD LOGS— ALL SPECIES MILEAGE RATIONING: TIRE REGULATIONS FOR No. 1-J, as amended, 7 F.R. 562, 5043, No. 1 Douglas Fir Wood Logs shall be logs PUERTO RICO 8731; Supp. Dir. No. 1-Q, as amended, 8 F.R. 2013, Rev. General Order No. 20, 80 inches and over in diameter, containing A rationale accompanying this amend­ sound stain and/or worm holes, that other­ 8 F.R. 2416) wise would meet the requirements of a No. ment, issued simultaneously herewith, 2 Fir log. has been filed with the Division of the Issued this 8th day of April 1944. No. 2 Douglas Fir Wood Logs shall be such Federal Register.* J orge L. C ordova, logs that do not meet the requirements of the Ration Order IB is amended in the Territorial Director, above grades but have a net scale lumber following respects: Puerto Rico. content after deductions as specified in the 1. Section 2.2 (d) (1) (ii) is amended Approved: wood log scaling rules of at least 33 y3% of by inserting a comma after the word J am es P . D a v is, the gross scale. “midwife”, and inserting immediately Wood logs— all other species (except cedar) Regional Administrator, thereafter the words “minor surgeon”. shall be logs which meet the minimum re­ Region IX. quirements of the No. 2 Douglas Fir Wood Log 2. Section 2.2 (d) (1) (iv) is added to Grade. read as follows: [F. R. Doc. 44-5048; Filed, April* 8, 1944; Culls: Any logs failing to meet the mini­ 4:41 p. m.] mum requirements for a No. 2 Fir Wood Log (iv) Used by a regular practicing min­ must be culled out. ister or practitioner of any religious faith who actually serves a congregation 6. Appendix A is amended by the in­ for giving religious comfort, assistance, P art 1340— F uel sertion of the following immediately advice or instruction, or by a bona fide [M PR 88, Arndt. 4] after the section headed “General farmer for transporting farm products Rules— Peeler Logs”. and necessary farm supplies between FUEL OIL, GASOLINE AND LIQUEFIED PETRO­ LEUM GAS GENERAL RULES— WOOD LOGS farm and market, shipping or point of delivery, or between one farm establish­ A log that in the judgment of the Scaler A statement of the considerations in­ is a Wood Log as defined for the particular ment and another or for travel to, from, volved in the issuance of this amend­ species shall be scaled for its net lumber within or between farm establishments ment, issued simultaneously herewith, content exclusive of bark, under the follow­ for purposes necessary to the operation has been filed with the Division of the ing deduction requirements: or functioning of such establishments. Federal Register.* Diameters: Take full diameter inside the For purposes of this provision, applicant Maximum Price Regulation No. 88 is bark or decayed sap at the end of the need not establish that he must answer amended in the following respects: log. emergency calls which require him to 1. Section 1.1 is amended by adding Lengths: Where logs have bucked ends, the standard gross lengths shall be used. operate a passenger automobile at high to the list of products mentioned in such Where logs have badly broken or shattered rates of speed. section the following: ends, the lengths on such logs shall be taken 3. The table in section 2.23 (b) is Crude petroleum sold direct to con­ inside the breakage to a point that will yield that longest, usable, standard length log or amended by deleting the dates “July 25- sumers for use as fuel oil providing such block. August 5” and “October 16-October 28” crude petroleum meets commercial Deductible defects: Any portion of a wood for subsequent inspections of S -l and standard specifications for a particular log that will not produce No. 4 or better S-2 coupon books, and by substituting grade of fuel oil. lumber shall have the unsuitable portion of respectively the dates “July 31-August 2. In section 1.15 (a) the heading is the log eliminated by sufficient deduction. 12” and “October 23-November 4”. Such defects are: amended to read as follows: 4. Section 2.33 (d) is amended to read Hollow ends (a) Prices of fuel oil and fuels ( not Badly decomposed wood originating from as follows: including crude oil and waste or re­ Butt-rot, Top-rot or conk (d) Transfers on vehicles. Unless refined lubricating oil when any of these Slab breaks prohibited by an order or regulation is­ are sold for use as fuel oil). Shatter breaks sued by the Office of Price Administra- Saddle-burns 3. Section 1.15 (b) is amended to read Rotted spots that penetrate beyond the nor­ as follows: mal sap * Copies may be obtained from the Office Excessive roughness or pitch-rings that will of Price Administration. (b) Prices of crude oil and waste or not permit the production of lumber. ^8 F.R. 9551, 12695. re-refined lubricating oil when any of 3850 FEDERAL REGISTER, Tuesday, April l l y 1944 these are sold for use as fuel oil. Read prices of the products listed below in bulk shipment to ultimate destinations in Article I for the various general pro­ lots f. o. b. refineries for shipment to Petroleum Administration for W ar Dis­ visions of the regulation then turn to ultimate destinations other than Petro­ trict One shall be as follows: Article V III which provides that maxi­ leum Administration for W ar District Specifications: Cents mum prifces for crude oil and waste or One shall be as follows: Gasoline: per gallon re-refined lubricating oil must be estab­ Cents per 80-82 Oct. ASTM and Ethyl grade. 8.375 lished by application to the Office of Kerosene and distillate fuel oils: gallon 72-74 Oct. ASTM— ______7.375 Price Administration. There is no other 46-49 API Gravity W. W. Kerosene... 6. 25 (2) For shipments to ultimate desti­ 41-45 API Gravity W. W. Kerosene___6. 05 method of establishing or determining nations other than Petroleum Adminis­ maximum prices for such products. No. 1 Prime White Distillate Fuel Oil. 5. 75 No. 2 Fuel Oil— ______5. 50 tration for War District One. Maximum Note that in the case of crude oil appli­ No. 3 Fuel Oil____;______— _ 5. 25 prices of gasoline, according to the speci­ cation must be made to a specified re­ Range or Stove Oil______( * ) fications listed below, loaded into barges gional office while in the case of waste or ♦Range or stove oil shall take the maxi­ f. o. b. refineries in the above counties re-refined lubricating oil application mum price of the product listed above of the for shipment to destinations other than should be made to the Petroleum Branch same specifications. Petroleum Administration for W ar Dis­ at Washington, D. C. 9. Section 4.5 (a) is added to read as trict One shall be as follows: 4. Section 2,11 (f) is added to read as follows: Specifications: Cents follows Gasoline: per gallon (a) San Luis Valley; tank wagon 80-82 Oct. ASTM and Ethyl grade. 8. 25 (f) Chicago and adjacent circuits; prices. Maximum tank wagon prices of 72-74 Oct. ASTM____... ______7. 25 Tank wagon prices. Maximum tank gasoline to dealers and consumers shall 12. Section 4.29 (b) is added to read wagon prices for residual fuel oils and be as follows: as follows: blends thereof with distillate fuel oils at Chicago, and the circuit points served Grade (b) San Luis Valley; tank wagon from bulk plants at Chicago shall be as Tank wagon area prices. Maximum tank wagon prices of gasoline to dealers and consumers in follows: Premium Regular Third grade that part of northern New Mexico which is within the tank wagon areas of either For deliveries For deliveries Cents per Cents per Cents per Viscosity (Saybolt Uni­ in quantities in quantities gallon gallon gallon Antonita, Colorado, or Jaroso, Colorado, versal at 100° F.) of 750 gallons of less than Alamosa...... 12.5 11.0 9.5 shall be as follows: and over 750 gallons Antonita...... 12.5 11.0 9.5 Blanca...... 12.5 11.0 9.5 Cents Center...... 12.5 11.0 9.5 Gasoline : per gallon Cents per gal- Cents per gal- ■ 13. 0 11.5 10.0 Premium grade______12. 5 Ion Ion 13.0 11.5 10.0 5.75 6.50 Jarosa______12.5 11.0 9.5 Regular grade______11.0 5.25 6.00 Monte Vista...... 12.5 11.0 9.5 Third grade______9. 5 2,100 seconds and over____ 4.80 5.55 13. In section 5.2 (c), footnote 1 10. Section 4.12 (b) is amended to read 1 Except for the minimum viscosity of this bracket, a thereto is amended to read as follows: as follows: tolerance of 50 seconds is permitted in all brackets. 1 Not including crude oil and waste or re­ (b) Counties of Posey, Vanderburgh, refined lubricating oil when any of these are 5. Section 2.12 (e) is added to read as Warrick, Spencer, Perry, Crawford, Har­ sold for use as fuel oil. follows: rison, Floyd, and Clark— (1) For ship­ 14. Section 8.2 is amended to read as (e) East Chicago. The maximum ment to ultimate destinations in Petro­ follows: price for fuel oil in bulk lots with a maxi­ leum Administration for War District mum viscosity of 300 Saybolt Universal One. Maximum prices of gasoline, ac­ Sec. 8.2 . For a petroleum product, at 100° F. on sales to commercial and in­ cording to the specifications listed be­ which is not fuel oil, or for crude oil, dustrial users by blenders, except refin­ low, in bulk lots f. o. b. shipping points when either is sold for use as fuel oil— ers, f. o. tj. terminals in East Chicago, in the above counties for shipment to (a) For waste or re-refined lubricating shall be 5.1 cents per gallon. ultimate destinations in Petroleum Ad­ oil sold for use as fuel oil. When waste ministration for W ar District One shall lubricating oil or re-refined lubricating 6. Section 2.12 (f) is added to read as be as follows: oil is sold for use as fuel oil, a seller follows: Specifications: Cents may not charge and a buyer may not (f) East Chicago and adjacent cir­ Gasoline: per gallon pay a price therefor until a maximum cuits; tank wagon prices. Maximum 80-82 Oct. ASTM and Ethyl grade. 8. 375 price has been approved in writing by tank wagon prices for residual fuel oils 72-74 Oct. ASTM______7. 375 the Office of Price Administration. Ap­ and blends thereof with distillate fuel (2) For shipments to ultimate desti­ plications for such approval must be oils at East Chicago, and the circuit nations other than Petroleum Adminis­ made in writing to the Petroleum Branch of the Office of Price Administration, points served from bulk plants at East tration for War District One. Maximum Chicago shall be as follows: prices of gasoline, according to the speci­ Washington, D. C., and shall contain the same information as is required for an fications listed below, loaded into barges For deliveries For deliveries f. o. b. refineries in the above counties for application under section 8.3 below. Viscosity (Saybolt Uni­ in quantities in quantities (b) For crude oil sold for use as fuel shipment to destinations other than versal at 100° F.) of 750 gallons of less than oil. When crude oil (see section 1.1) is and over 750 gallons Petroleum Administration for W ar Dis­ sold direct to the consumer for use as trict One shall be as follows: Cents per gal- Cents per gal- fuel oil a seller may not charge and a Ion Ion Specifications: Cents buyer may not pay a price therefor until 60-800 seconds ...... 6.75 6.50 Gasoline: per gallon the maximum price has been approved 900-2,000 seconds...... 5.25 6.00 80-82 Oct. ASTM and Ethyl grade. 8. 25 2,100 seconds and over____ 4.80 5.55 72-74 Oct. ASTM ...... 7. 25 in writing by the Office of Price Admin­ istration’s regional office having juris­ 1 Except for the minimum viscosity of this bracket, a 11. Section 4.15 (a) is amended to read diction over the point at which the buy­ as follows: tolerance of 50 seconds is permitted in all brackets. er’s storage is located. Applications for (a) Counties of Union, Henderson, 7. Section 2.20 (b) (2) is renumbered such approval shall contain the same in­ Daviess, Hancock, Breckinridge, Meade, section 2.20 (b) (3). formation as is required for an applica­ Hardin, Bullitt, Jefferson and Oldham. 8. Section 2.20 (b) (2) is added to read tion under section 8.3 below. In general, .(1) For shipments to ultimate destina­ as follows: a maximum price higher than the pre­ tions in Petroleum Administration for vailing price for fuel oil at the same (2) On shipments to destinations War District One. Maximum prices of point will not be approved. other than Petroleum Administration for gasoline, according to the specifications War District One. In Wayne County in listed below, in bulk lots f. o. b. ship­ This amendment shall become effec­ the State of Michigan the maximum ping points in the above counties for tive April 14,1944. FEDERAL REGISTER, Tuesday, April 11, 1944 3851

Price per barrel Sec. 2. To what transactions and per­ API gravity: (56 Stat. 23, 765; Pub. Law 151, 78th 14- 14.9______$0.95 Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, sons this regulation is applicable, (a) 15- 15.9------______.95 8 F.R. 4681) This regulation covers all sales and de­ 16- 16.9______.95 liveries of crude petroleum except when 17- 17.9------.95 Issued this 8th day of April 1944. the crude petroleum is sold direct to con­ 18- 18.9--'- .95 J a m e s F. B r o w n l e e , sumers for use as fuel oil and meets com­ 19- 19.9— ______.95 Acting Administrator. mercial standard specifications for a par­ 20- 20.9___ .95 .95 ticular grade of fuel oil, and petroleum 21- 21.9---- [P. R. Doc. 44-5047; Piled, April 8, 1944; 22- 22.9___ .95 4:42 p. m.] and natural gas, either by producers, 23- 23.9-,'______.95 sellers, refiners, or by any other person, 24- 24.9---- ______.95 except that nothing in this price regu­ 25- 25.9— .95 P art 1340— F u e l lation shall be construed to authorize 26- 26.9— _____ . 99 [MPR 436,1 Arndt. 11] the. regulation of a rate that is exempt 27- 27.9______1.03 from control by the Office of Price Ad­ 34- 34.9______1.21 CRUDE PETROLEUM AND PETROLEUM AND ministration under the Emergency Price 35- 35.9______1.25 ______1..28 NATURAL GAS Control Act of 1942. 36- 36.9— 37- 37.9______1.32 A statement of the considerations in­ 2. Section 8 (b) (2) is amended to 38- 38.9— ______1.35 volved in the issuance of this amend­ read as follows: 39- 39.9______1.38 ment, issued simultaneously herewith, 4. Section 8 (b) (4) is amended to has been filed with the Division of the (2) Various designated fields. The Federal Register.* maximum prices at the receiving tank read as follows: Maximum Price Regulation No. 436 is for crude petroleum of the gravities (4) Price based on posted price of one amended in the following respects: specified in the table below and produced of fields designated in (2) or (3) above. 1. Section 2 is amended to read as in the fields designated therein shall be If crude petroleum produced at a pool follows; as follows: which had no posted price was on the last delivery prior to March 26,1943 sold [Dollars per 42-gallon barrel] to a particular purchaser on the basis of the posted price for another pool and Fields—see key below at such price, the seller’s maximum price A P I gravity for the crude petroleum produced at the ! 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 former pool shall be the same as the posted price of the latter pool as shown 8- 8.9...... in (2) or (3) above for the same gravity 9- 9.9...... crude oil. * 10- 10.9...... 11- 11.9...... 0.92 0.92 Any purchaser who pays for crude pe­ ,94 .94 0.94 12- 12.9...... 0.91 troleum on the basis of this provision 18-13.9...... 96 .96 .96 0.98 .98 .98 0.98 0.95 .98 0.96 0.97 0.95 0.95 0.95 .93 0.95 shall within 30 days from the effective 14- 14.9...... 0.89 .97 .97 .97 .97 .96 1.01 .95 15- 15.9...... 98 .95 .98 0.94 1.00 date of this regulation, report the fol­ .98 .98 .95 .94 1.00 .97 .97 .97 .97 .96 1.01 .95 16- 16.9...... 97 .97 .97 .97 .96 1.01 .95 lowing information to the Office of Price 17- 17.9. .98 .95 .94 1.00 .89 .97 .97 .97 .97 .96 1.01 .95 18- 18.9...... 95 .98 .94 1.00 Administration, Petroleum Branch, .95 .94 1.00 .89 .97 .97 .97 .96 .97 .96 1.01 .95 19- 19.9...... 89 .97 .97 .96 .97 .96 1.01 .95 Washington, D. C. 20- 20.9...... 98 .95 .94 1.00 .97 .95 .98 .94 1.00 .89 .97 .97 ;97 .96 .97 .96 1.01 .95 (i) Copy of posted price bulletin of 21- 21.9...... 91 .97 .97 .97 .96 .97 .98 1.02 .95 22- 22.9___ .95 .94 1.00 field on which purchase price is based, .95 .94 .98 1.02 .95 .97 .97 .98 1.00 1.02 1.05 .95 23- 23.9...... 1.02 1.03 1.06 1.07 .95 and the date effective. 24- 24.9...... ;98 1.03 .95 .95 1.05 .99 .971.01 1.01 .98 1.07 1.01 .95 .99 1.08 1.02 1.04 1.05 1.06 1.07 1.09 1.10 .95 (ii) The total production of the pool 25- 25.9...... 95 .98 1.11 1.04 .95 1.03 1.11 1.05 1.01 1.08 1.09 1.10 1.11 1.12 1.12 26- 26.9...... 1.05 1.13 1.15 1.15 1.15 .95 for the month of March, 1943. 27- 27.9...... 1.01 1.15 1.07 .96 1.14 1.11 1.04 1.19 1.10 .99 1.17 1. 1.14 1.17 1.18 1.17 .97 (iii) The total amount purchased 28- 28.9...... 1.12 1.21 .99 29- 29.9...... 1.07 1.24 1.13 1.02 1.20 from the pool during March, 1943. L 1.16 1 05 1.23 1.15 1.24 1.02 30- 30.9....----- 1.10 1.04 1.14 1.17 1.07 1.19 31- 31.9...... 1.23 1.07 5. Section 8 (b) (5) is amended to read 32- 32.9...... 1.17 1.18 1.10 1.19 1.12 1.27 1.09 as follows: 33- 33.9...... 1.31 1.12 34- 34.9...... 1.20 1.15 1.21 1.17 1.35 1.14 (5) Other fields than listed in (2), (3) 35- 35.9...... 1.39 1.17 36- 36.9...... 1.221.20 and ( 4) above. The maximum price at 1.23 1.24 1.43 1.20 87-37.9...... 1.47 the receiving tank for crude petroleum 38- 38.9...... 1.24 1.25 1.51 produced in fields in California other 39- 39.9...... 1.53 40 and above.— 1.26 than those named in Article II, sections 8 (b) (2) and (3) and other than those The price specified for the highest gravity Key to fields: fields determining maximum prices un­ 10. Huntington Beach. crude oil in each column is the maximum der Article II, section 8 (b) (4) shall be price for crude oil of higher gravities. 11. Inglewood. 12. Aliso Canyon. the sum of the maximum price as deter­ Key to fields: 13. Montebello. mined by other provisions of this regula­ 1. Edison. 14. Olinda, Brea Canon. tion and the amount designated below: 2. Midway, Lake View Area, Elk Hills, 15. Torrance. API gravity: Increase per barrel Buena Vista Hills, Mountain View. 16. Richfield. 3. Los Flores, Casmalia, Oxnard, Cat Canyon, ______$0.25 17. La Habra, Whittier, East Coyote...... 25 Santa Maria Valley, Gato Ridge. 18. Signal Hill. 15- 15.9-...... —- 4. Round Mountain, McKittrick, Newhall, 16- 16 9 , ______.22 19. Wilmington. 17 179 ______.19 Coffee Canyon, Mt. Poso, Poso, Kern 20. El Segundo. River, Kern Front, Fruitvale. 18- 18.9------______.16 21. Oak Canyon. 19- 19 9 ______.13 5. Belridge, Lost Hills...... 10 6. South Mountain, Santa Paula, Wheeler 3. Sections 8 (b) (3) and 8 (b) (4) are Pin—29 9 ____ P|1 21 Q ______.07 Ridge. renumbered 8 (b) (4) an d8,(b) (5) and 29,-22 9 ______. ______.04 7. Coalinga. the following is inserted in lieu of section .01 8. Venice, Playa Del Ray. 23-23.9— ...... — ------9. Orcutt. 8 (b) (3 ): Provided, however, That the maximum (3) Capitan Field. The maximum price for a particular gravity crude shall * Copies may be obtained from the Office of price at the receiving tank for crude not be less than that for a lower gravity Price Administration. petroleum produced in the Capitan Field, crude from the same seller’s receiving i8 F.R. 11369, 12177, 12314, 13706, 1737, tank in the same pool. 9 F.R. 347, 945, 1532, 1882, 2946. California, shall be as follows: 3852 FEDERAL REGISTER, Tuesday, A p ril 11,

This amendment shall become effec­ maximum prices are delivered prices in ac­ (56 Stat. 23, 765; Pub. Law 151, 78th tive April 14, 1944. cordance with the company’s established Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, practice of quoting delivered prices or allow­ 8 F.R. 4681) (56 Stat, 23, 765; Pub. Law 151, 78th ing limited freight absorption on prices of Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, specialty products for delivery within the Issued this 10th day of April 1944. United States. All sellers are required to 8 F.R. 4681) C hester B o w l e s , maintain their customary discounts, allow­ Issued this 8th day of April, 1944. ances and price differentials, applying to the Administrator. sales of comparable items. In the applica­ J am es F. B r o w n l e e , [P. R. Doc. 44-5092; Piled, April 10, 1944; tion of any existing differentials, the maxi­ Acting Administrator. 11:39 a. m .j mum prices mentioned herein shall not be [P. R. Doc. 44-5046; Filed, April 8, 1944; exceeded. 4:40 p. m.] (e) The Gulf Oil Corporation for a P art 1315— R ubber and P roducts and period of ninety days shall place in each case of Gulf Electric-Motor Oil and Gulf M aterials o f W h ic h R ubber Is a C o m ­ p o n e n t P art 1499— C o m m o d itie s and S ervices Penetrating Oil a notice to retailers as follows : [RPS 56,1 Arndt. 4] [GMPR, Order 639 Under § 1499.3 (b) ] The Office of Price Administration has RECLAIMED RUBBER GULF OIL CORPORATION established maximum prices for retail sales of Gulf Penetrating Oil and Gulf Electric-Motor A statement of the considerations in­ For the reasons set forth in an opinion Oil in 4-ounce bottles with spouts at 150 per volved in the issuance of this amendment, issued simultaneously herewith, it is or­ bottle. All sellers are required- to maintain issued simultaneously herewith, has been dered that:- their customary discounts, allowances and filed with the . Division of the Federal price differentials applying to like sales of Register. * § 1499.2162 Authorization of maxi­ comparable items. Section 1315.55 is amended to read as mum prices for sales of Gulf Electric- (f) This order may be revoked or follows: Motor Oil and Gulf Penetrating Oil in amended at any time by the Office of 4-ounce bottles with spouts. The Gulf § 1315.55 Records. Every person Price Administration. Oil Corporation of Pittsburgh, Pennsyl­ making sales or purchases of reclaimed (g) This Order No. 639 shall become vania, is hereby authorized to sell its rubber subject to this schedule shall keep effective April 10, 1944. Gulf Electric-Motor Oil and Gulf Pene­ for inspection by the Office of Price Ad­ trating Oil in 4-ounce bottles with spouts (56 Stat. 23, 765; Pub. Law 151, 78th ministration for so long as the Emergency at prices not to exceed the following Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, Price Control Act of 1942, as amended, re­ prices: 8 F.R. 4681) mains in effect, complete and accurate records of each such purchase or sale, (a) To consumers at a retail price of Issued this 8th day of April, 1944. 150 eaph; to dealers at a list price of showing the date, the name and address $1.20 per dozen, subject to quantity de­ C hester B o w l e s , of the buyer and seller, the quantity of Administrator. livery discounts to dealers as follows: each grade of reclaimed rubber purchased Percent [P. R. Doc. 44-5049; Filed, April 8, 1944; or sold, and the price. y2 gross, 1 delivery______5 4:42 p. m.J This amendment shall become effective 1 gross, 1 delivery______- 10 April 15, 1944. 2 gross, 1 delivery______15 3 gross, 1 delivery______20 N o te: All record-keeping requirements of this amendment have been approved by the P art 1305— A dministration to jobbers at a list price of $1.20 per Bureau of the Budget in accordance with the dozen less 20% on single deliveries of [Licensing Order 3,1 Arndt. 1] Federal Reports Act of 1942. one gross or more. These maximum REQUIRING REGISTRATION OF DEALERS L I­ (56 Stat. 23, 765; Pub. Law 151, 78th prices are delivered prices in accordance CENSED TO SELL SECOND-HAND MACHINE Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, with the company’s established practice TOOLS OR EXTRAS, SECOND-HAND MACHINES 8 F.R. 4681) of quoting delivered prices or allowing OR PARTS, ETC. limited freight absorption on prices of Issued this 10th day of April 1944. specialty products for delivery within A statement of the considerations in­ Jam es F. B r o w n l e e , the United States. volved in the issuance of this amend­ Acting Administrator. (b) Jobbers are authorized to sell ment, issued simultaneously herewith, these products to retailers at a maxi­ has been filed with the Division of the [F. R. Doc. 44-5093; Filed, April 10, 1944; 11:37 a. m .j mum price of $1.20 per dozen f. o. b. Federal Register.* sellers’ shipping point. Section 1305.105 (a) is amended to (c) Retailers are authorized to sell read as follows: these items to consumers at a price not (a) “Dealer” means any person en­ P art 1315— R u bber and P roducts and M a ­ in excess of 150 per bottle. gaged in. the business of selling, negotiat­ terials of W h ic h R ubber I s a C o m ­ (d) The Gulf Oil Corporation shall ing the sale of, or purchasing for resale p o n e n t mail or otherwise supply to jobbers and second-hand machine tools or extras, [RPS 87,2 Amdt. 10] dealers of these items at time of or pripr second-hand machines or parts, used in­ to the first delivery to such purchasers dustrial sewing machines, or any other SCRAP RUBBER a written notice as follows: commodity to which this order is made A statement of the considerations in­ The Office of Price Administration has au­ applicable. Thus, the term “dealer” in­ volved in the issuance of this amend­ thorized us to sell our Gulf Electric-Motor cludes agents, auctioneers and brokers ment, issued simultaneously herewith, Oil and Gulf Penetrating Oil in 4-ounce and manufacturers who sell any com­ has been filed with the Division of the bottles to Jobbers at a price of $1.20 per dozen modities to which this order is appli­ Federal Register.* less 20% on single deliveries of one gross or cable. “Purchasing for resale” includes Section 1315.1258 is amended to read more; likewise we are authorized to sell these products to dealers at $1.20 per dozen less the purchase of any of the commodities as follows: to which this order is applicable for re­ the following quantity delivery discounts; § 1315.1258 Records. Every person sale, whether or not they are repaired making sales or purchases of scrap rub­ Percent or rebuilt before resale: Va gross, 1 delivery______5 ber subject to this schedule shall keep for 1 gross, 1 delivery------10 This amendment shall become effec­ inspection by the Office of Price Admin- 2 gross, 1 delivery______15 tive April 15, 1944. 3 gross, 1 delivery______20 1 7 F.R. 1313, 2000, 2132, 7669, 8948; 8 F.R. Jobbers are authorized to sell these products ♦Copies may be obtained from the Office 120, 8843. to retailers at a maximum price of $1.20 per of Price Administration. 2 7 F.R. 4781, 5177, 6002, 8700, 8948; 8 F.R. dozen f. o. b. sellers’ shipping point. These 18 FJt. 13241. 4628, 5986, 8844. FEDERAL REGISTER, Tuesday, A p ril 11,1944 3853

bined for the purpose of obtaining a car­ istration for so long as the Emergency M a x im u m Price R egulation 526— M alt Dried G rain, Dried Brewers' G rain, M alt Clean­ load rail freight rate. Price Control Act of 1942, as amended, ings, M alt Hulls and M alt Sprouts “Person” means an individual, corpora­ remains in effect, complete and accurate tion, partnership, or association or other records of each such purchase or sale, organized groups of persons or legal suc­ showing the date, the name and address cessors or representatives óf any of the of the buyer and seller, the quantity of 1. Applicability. 2. Prohibition against sales of malt dried foregoing, and includes the United States each grade of scrap rubber purchased grain, dried brewers’ grain, malt clean­ and any agencies thereof, any other gov­ or sold, and the price. ings, malt hulls and malt spouts at ernment or any of its political subdivi­ This amendment shall become effec­ prices above the maximum prices. sions and any agency of any of the fore­ 3. Definitions. tive April 15, 1944. 4. M aximum prices for sales of malt dried going. “Processor” means a person who pro­ (56 Stat. 23, 765; Pub. Law 151, 78th grain, dried brewers’ grain, malt clean­ duces malt dried grain, dried brewers’ Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, ings, malt hulls and malt sprouts by grain, malt cleanings, malt hulls and 8 F.R. 4681) processors. 5. Maximum prices for the sales of malt malt sprouts. N ote: All record keeping requirements of dried grain, dried brewers’ grain, malt “Jobber” is a person other than a proc­ this amendment have been approved by the cleanings, malt hulls and malt sprouts essor, who, with respect to the lot in ques­ Bureau of the Budget in accordance with by jobbers. tion, sells malt dried grain, dried brewers’ the Federal Reports Act of 1942. 6. Maximum prices for the sales of malt dried grain, dried brewers’ grain, malt grain, malt cleanings, malt hulls and malt Issued this 10th day of April 1944. cleanings, malt hulls and malt sprouts sprouts to any person without unloading J a m e s F. B r o w n l e e , by a wholesaler. into a warehouse. Acting Administrator. 7. Maximum prices for the sale of malt “Wholesaler” is a person who, with re­ dried grain, dried brewers’ grain, spect to the lot in question, buys malt [F. R. Doc. 44-6094; Filed, April 10, 1944; malt cleanings, malt hulls and malt dried grain, dried brewers’ grain, malt 11:37 a. m.] sprouts by a retailer. cleanings, malt hulls and malt sprouts, 8. Maximum prices in other cases. unloads it into a warehouse and resells 9. Maximum price for export sales. 10. Tagging and labeling. the same to any person other than a P art 1351— F ood and F ood P roducts 11. Increase for sacks. feeder. It includes a processor where he [M PR 526] 12. Adjustable pricing. transports and unloads the aforesaid 13. Evasion. products into a warehouse operating as a MALT DRIED GRAIN, DRIED BREWERS’ GRAIN, 14. Records and reports. place of business separate from the pro­ MALT CLEANINGS, MALT HULLS AND MALT 15. Enforcement. duction plant and thereafter sells the 16. Protests and petitions for amendment. SPROUTS same to the persons above mentioned. 17. Licensing. In the judgment of the Price Adminis­ “Retailer” is a person who, with respect trator it is necessary and proper to estab­ S e c t io n 1. Applicability. This regu­ to the lot in question, buys malt dried lish uniform maximum prices for sales of lation shall apply to all sales, whether grain, dried brewers’ grain, malt clean­ certain dried brewers’ products produced for immediate or future delivery, within ings, malt hulls and malt sprouts, unloads from the manufacture of wort or beer at the 48 States and the District of Colum­ it into a warehouse, and resells the same levels of production and distribution. bia of the United States of malt dried to a feeder. It includes a processor Such specifications and statements as grain, dried brewers’ grain, malt clean­ where he transports and unloads the are used in this regulation were prior to ings, malt hulls and malt sprouts. aforesaid products into a store operated such use in general use in the trade or S ec. 2. Prohibition against sales of malt as a place of business separately from the industry affected. In the judgment of dried grain, dried brewers’ grain, malt production plant and thereafter sells the the Price Administrator, the maximum cleanings, malt hulls and malt sprouts same to a feeder. prices established by this regulation are at prices above the maximum price, (a) “Feeder” is a person who feeds any generally fair and equitable and will ef­ Regardless of any contract or obligation, malt dried grain, dried brewers’ grain, fectuate the purposes of the Emergency no person shall in the course of trade or malt cleanings, malt hulls and malt business sell, deliver, buy or receive malt Price Control Act as amended, and of sprouts to animals or poultry. dried grain, dried brewers’ grain, malt E.O. 9250 and E.O. 9328. So far as prac­ “Transportation cost” means the cost cleanings, malt hulls or malt sprouts at ticable, the Price Administrator has ad­ of transportation actually incurred by a prices above the maximum prices, estab­ vised and consulted with members of the person except that for movement other lished by this regulation; nor shall any in dustry which will be covered by this than by for hire carrier, the transporta­ person agree, offer, solicit, or attempt to tion cost shall be the reasonable value of regulation. A statement of the considerations in­ do any of the foregoing. the service, not exceeding any maximum (b) Prices lower than the maximum volved in the issuance of this regulation price established therefor. prices established by this regulation may has been issued simultaneously herewith “Area A ” includes the area east of the and filed with the Division of the Federal be charged and paid. Ulinois-Indiana state line, thence on or S ec. 3. Definitions. When used in this north of the Ohio River to Kenova, West Register.* regulation the following terms shall Virginia, thence on and north of Norfolk § 1351.373 Maximum prices for malt have the following meanings: and Western Railroad to Roanoke, Vir­ dried grain, dried brewers’ grain, malt “Dried brewers’ grain” are the dried ginia, thence on or north of the Virginian cleanings, malt hulls and malt sprouts. residue of by-products produced in the Railroad from Roanoke, Virginia to Nor­ Under the authority vested in the Price manufacture of wort for beer or for syrup. folk, Virginia. Administrator by the Emergency Price “Malt dried grain”, “malt cleanings”, “Area B ” includes the area south of Control Act of 1942 as amended, and “malt hulls” and “malt sprouts” are the Area A east of the Mississippi River and Executive Orders 9250 and 9328, Maxi­ by-products from the manufacture of the states of Arkansas, Louisiana, Okla­ mum Price Regulation 526 (Malt Dried malt. homa and Texas. Grain, Dried Brewers’ Grain, Malt Clean­ “Carload lots” means a shipment of “Area C” includes the states of Cali­ fornia, Washington and Oregon. ings, Malt Hulls and Malt Sprouts), 60,000 pounds or more or any smaller “Area D ” includes the states of Minne­ which is annexed hereto and made a part quantity which moves as a rail carload under Office of Defense Transportation sota and Wisconsin. hereof is hereby issued. or tariff requirements. “Area E” includes the rest of the con­ Authority: § 1361.373 issued under 66 Stat. “Less than carload quantity” moans tinental United States. 2{3, 765; Pub. Law 151, 78th Cong.; E.O. 9250, a quantity of less than a carload. It in­ Sec 4. Maximum prices for sales of 7 FJt. 7871; E.O. 9328, 8 FJR. 4681. cludes truck quantities. malt dried grain, dried brewers’ grain, “Pool car lot” means a railroad oar lot malt cleanings, malt hulls and malt ♦Copies may be obtained from the Office of sprouts by processors, (a) The maxi- Price Administration. in which two or more buyers have com­ No. 72------4 3854 FEDERAL REGISTER, Tuesday, April 11, 1944

mum price for the sale and delivery in in the lower f. o. b. plant price; and the by any other person of a class of sellers carloads or pool car lots, bulk, by a proc­ maximum delivered carload price at all not herein specifically provided for shall essor (except as a wholesaler or retailer) points shall be the f. o. b. plant price of be the maximum price which the person at the basing points listed below shall be: the processor plus the transportation from whom he purchased could lawfully cost from his plant to destination. have charged for a like sale. Malt dried (g) The maximum delivered less than S ec. 9. Maximum price for export grain, malt Dried brew­ carload price at all points shall be the sales. The maximum prices for export cleanings, malt er’s grain, hulls, malt f . o. b. plant price of the processor plus sales of malt dried grain, dried brewers’ (24% protein the transportation cost from the plant to sprouts (24% or higher) grain, malt cleanings, malt hulls and protein or destination plus $1.00 per ton. malt sprouts shall be determined in ac­ higher) (h ) > The foregoing maximum pricescordance with the provisions of the Sec­ shall be decreased for the sale of bulk ond Revised Export Price Regulation.1 Chicago, 111...... $32.00 $34.00 Milwaukee, W is______32.00 34.00 malt dried grain, dried brewers’ grain, S ec. 10. Tagging and labeling. Malt Davenport, Iowa...... 32.00 34.00 malt cleanings, malt hulls and malt dried grain, dried brewers’ grain, malt Peoria, 111...... 32.00 34.00 sprouts containing less than 24% pro­ St. Louis, M o...... 32.00 34.00 cleanings, malt hulls and malt sprouts Kansas City, M o...... 32.00 34.00 tein at the rate of 50tf per ton for each shall be sold only in accordance with a Minneapolis, Minn...... 30.40 32.40 1 % of protein or fraction thereof. guaranteed protein analysis and, if sold Duluth, M inn...... 30.40 32.40 La Crosse, Wis______30.40 32.40 In explanation of the above: in sacks, properly tagged or printed, or The term “f . o. b. plant price”, as used if sold in bulk, accompanied by a proper above in paragraph (b) for Area A and certificate of analysis. (b) -In Area A: The maximum f. o. b. paragraph (c) for Area B shall apply Sec. 11. Increase for sacks. When plant price at any point in Area A not only to deliveries made within the malt dried grain, dried brewers’ grain, listed in paragraph (a) above shall be switching limits of the railroad point at malt cleanings, malt hulls and malt the basing point price at Chicago, Illi­ which the plant is located; for deliveries sprouts are sold in sacks furnished by the nois, plus the lowest proportional grain of carload lots or pool car lots to all other seller there may be added to the appro­ products railroad rate from Chicago, destinations in Area A and Area B the priate maximum prices the reasonable Illinois, to the point where the plant is maximum delivered price shall be used. market value of the sacks used (not ex­ located, and the maximum carload de­ In paragraphs (d) for Area C, (e) for ceeding any maximum price established livered price at all points shall be the Area D, and (f) for Area E, the “f. o. b. thereon). basing point price at Chicago, Illinois, plant price” applies to all sales and de­ S ec. 12. Adjustable pricing. Any per­ plus the lowest proportional grain prod­ liveries. son may agree to sell at a price which ucts rate from Chicago, Illinois, to desti­ S ec. 5. Maximum prices for the sale of can be increased up to the maximum nation except that when shipment is malt dried grain, dried brewers’ grain, price in effect at the time of delivery but made from St. Louis, Missouri, the price malt cleanings, malt hulls and malt may be increased by 80^ per ton. no person may, unless authorized by the sprouts by jobbers. The maximum Office of Price Administration, deliver or (c) In Area B: The maximum f. o. b. prices for the sale of malt dried grain, plant price and the maximum delivered agree to deliver at prices to be adjusted dried brewers’ grain, malt cleanings, upward fn accordance with action taken carload price at any point in Area B not malt hulls and malt sprouts by a jobber listed in paragraph (a) above shall be by the Office of Price Administration shall be 75

T able XXIV— M axim um Prices for Laundry P art. 1405— F erro A l l o y s (b) Laundry services. The maximum prices for laundry services sold by es­ Services i n the M unicipality of' St. [MPR 258,1 Arndt. 4J T homas and St . Jo h n —Continued. tablishments, not including individual CHROME ORES laundresses, located in the Municipality Each of St. Thomas and St. John shall be the Suits, men’s, (as )______— $1.00 A statement of the considerations in­ applicable price set forth in the follow­ , except wool______.39 volved in the issuance of this amend­ Sweatshirts ______. 20 ing table: ment, issued simultaneously herewith, Tablecloths, ordinary only ______:_____ .10 has been filed with the Division of the Table XXIV— M axim um P rices for Laundry Table napkins______.03 Federal Register.* Services i n the M unicipality of ST. Towels, b a th ______. 06 Maximum Price Regulation No. 258 is T homas and St. Jo h n Towels, face______.05 Each Towels, hand and kitchen______. 04 amended in the following respects: Aprons______$0.08 Towels, roller______.06 A new § 1405.104b is added as set forth Bed head covers------.08 , riding______. 50 below: Brassieres------—— ------. 10 Undershirts____ ,______.06 .§ 1405.104b Sales or deliveries of Bath m ats______— ------. 10 , maids’ and nurses’______. 50 Bath robes______— . 25 chrome ores, quantities not in excess of Bedspreads, plain and light chenille- . 25 N ote: The maximum prices for laundering 500 pounds. Neither the provisions of Bedspreads, heavy chenille------.35 articles not specifically mentioned in this this Maximum Price Regulation No. 258, Blankets------— - .25 table shall be determined by the seller on the other than § 1405.108, nor the provisions , plain______— . 15 basis of the maximum prices for laundry of the General Maximum Price Regula­ Blouses, fancy------.25 services of comparable difficulty, and must be tion* shall apply to the sale or delivery Caps, doctors’______- • 05 in line with the listed prices. of chrome ores when the sale or.delivery Caps, cooks,______• 10 The seller may add a surcharge not in ex­ does not exceed 500 pounds in weight. Coats, men’s______- 1 • 40 cess of 25 per cent of the total charge for Collars, men’s, hard______- • 06 laundering items on a 24-hour service basis, Collars, men’s, soft______.05 This amendment shall become effec­ if such service is specially requested by the Comforts, except ------. 25 tive April 15, 1944. customer. Comforts, silk______• 50 (56 Stat. 23, 765; Pub. Law 151, 78th Drawers (shorts), men’s______1.06 (c) Dry cleaning or wet cleaning serv­ Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, Drawers (unionsuits or B. V. D.’s) ices. The maximum prices for dry 8 F.R. 4681) men’s______• 10 , plain______- • 25 cleaning or wet cleaning services sold in Issued this 10th day of April 1944. Dresses, pleated______- — • 50 the Municipality of St. Thomas ancT St. Jam es F. B r o w n l e e , Dresses, silk or sharkskin______. 50 John shall be the applicable price set Acting Administrator. Dungarees, pants only, and work forth in the following table: ♦wm«—■ pants______• 25 [P. R. Doc. 44-5089; Piled, April 10, 1944; Dungarees, jackets only------.15 T able X X V — Max im um Prices for Dry Clean­ 11:89 a. m.] Dungarees, combination------. 40 ing or W et Cleaning Services in the Mu ­ Gowns, doctors’______. 20 nicipality of St. T homas and St . Jo h n Handkerchiefs— ______— __ *.02 Each Housecoats______• 50 P art 1418— T erritories and P o sse ssio n s Laundry bags ------. Suits, 05 men’s— ______$1.25 Coats, men’s______. 75 [MPR 395* Amdt. 17] Mattress covers------:------• 15 Mosquito nets______• Pants, 25 except flannel_____- ______.50 Pants, flannel______1.00 MAXIMUM PRICES IN THE VIRGIN ISLANDS OP Neckties______.05 Dresses, plain______1. 00 THE UNITED STATES , except silk------. 15 Nightgowns, silk------.25 Dresses, half pleated______1.25 Dresses, full pleated-.______1.50 A statement of the considerations in­ Overalls, one piece------;------• 25 volved in the issuance of this amend­ Overalls, combination (two pieces)— _ .40 Evening gowns______(») ment, issued simultaneously herewith, Pads, b e d ______— ------.25 1 Exempt from price control by the Office of has been filed with the Division of the , p a ir------*• 22 Price Administration. Pajamas, coats------___------. 10 Federal Register.* N ote: The maximum prices for dry clean­ Pajamas, trousers------. 12 Maximum Price Regulation 395 is Panties, except silk------.08 ing or wet cleaning articles not specifically amended in the following respects: Panties, silk------—:------• 15 mentioned shall be determined by the seller 1. Section 32 (a) (4) is added to read Pants, work------. 25 on the basis of maximum prices for dry as follows: Pants, except work pants and riding cleaning services of comparable difficulty, and trousers------must *. 35be in line with the listed prices. (4) “Soup bones” means scrap soup Pillow cases.------. 05 The seller may add a surcharge not in ex­ bones only and does not include, bones Rugs, r a g ------.25 cess of 25 per cent of the total charge for dry customarily sold as meat. Sheets, regular------___------. 15 cleaning or wet cleaning items on a 24-hour Sheets, half------. 08 2. Section 37 is added to read as fol­ service basis, if such service Is specially Shirts, sport------.15 requested by the customer. lows: Shirts, white------. 18 Shirts, colored — ------. 15 (d) Pressing services. The maximum S ec. 37. Maximum prices for laundry, Shirts, starched ------. 25 prices for pressing only, or sponging and dry cleaning or wet cleaning, and press­ Shorts, play or sport------. 20 ing services sold in the Municipality 'of Shower curtains— ------. 12 pressing only, garments in the Munici­ St. Thomas and St. John*— (a ) Defini­ , plain— ______— ------.25 pality of St. Thomas and St. John shall tion. When used in this section 37, the Slacks, ordinary------. 35 be 50 cents per garment, except that the term: Slacks, other------.40 total price per suit may not exceed 75 (1) “Dry cleaning or wet cleaning” in­ Slack suits______- .60 cents. cludes all customary pressing and finish­ , white, pair______7------.05 Socks, colored, pair______.04 This amendment shall become effec­ ing services. Suits, ladies’ cotton______. 60 tive April 15,1944. Suits, men’s, except stuff (as serge)___ \ 75 ♦Copies may be obtained from the Office (56 Stat. 23, 765; Pub. Law 151, 78th 1 Hotels and resorts may charge the follow­ of Price Administration. ing maximum prices on the items listed be­ Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 17 P.R. 9002; 8 F.R. 3371, 7198, 9787. low: 8 F.R. 4681) * 9 P R 1385« *8 P R . 6621, 8873, 9996, 11438, 12661, 13345, Coats, men’s ______$0.50 Issued this 10th day of April 1944. 14144, 15865, 17062, 16298, 16793; 9 F.R. 1398. Drawers (shorts), men’s______. 10 C hester B o w l e s , * Mavirryiim prices for laundry, dry cleaning Handkerchiefs______— _ . 03 and wet cleaning, and pressing services sold Pajamas, silk only— otherwise as Administrator. in the Municipality of St. Croix are govern­ specified above______. 35 [P. R. Doc. 44-5091; Piled, April 10, 1944; ed by the General Maximum Price Regula­ Pants, men’s, all*.______- ______- .50 11:39 a. m.] tion, as amended. Suits, men’s______. . . 1.00 3858 FEDERAL REGISTER, Tuesday, April 11, 1944

P art 1499— C o m m o d it ie s a n d S ervices Chapter XIII—Petroleum Administration the installation or replacement of any [MPR 188,1 Amdt. 311 for War equipment. (7) “Farm” means any plot of land [PAO 12, as Amended Apr. 8,1944] BUILDING BRICK at least 10 acres of which are used for P art 1528—M aterial C onservation ; agricultural purposes for profit. A statement of the considerations in­ (8) “Supplier” means any person, volved in the issuance of this amend­ M ar k eting other than an ultimate consumer, sup­ ment, issued simultaneously herewith, The fulfillment of the requirements plying petroleum directly or indirectly. has been filed with the Division of the for the defense of the United States has (9) “Advertising material” means any Federal Register.* created a shortage in the supply of mate­ material (other than non-metallic mate­ Maximum Price Regulation No. 188 is rial for the marketing of petroleum for rial) used for such display or advertising amended in the following respect: defense, for private account and for ex­ purposes as are incident to marketing. 1. The list of commodities in § 1499.167, port; and the following order is deemed (c) Restrictions on use of material. Appendix B, is amended by deleting the necessary in the public interest to pro­ Subject to the exceptions in paragraph term “common brick”, listed under the mote the national defense and provide (d ) , no person shall: heading “Structural clay products” and adequate supplies of petroleum for mili­ (1) Construct, reconstruct, expand, adding the term “Building brick (com­ tary and other essential uses. alter or remodel any structure; mon and unglazed face)”, as set forth § 1528.1 Petroleum Administrative (2) Install equipment or advertising below: Order No. 12— (a) Scope of order. The material; Building brick (common and unglazed provisions of this order shall be applica­ (3) Construct, equip or locate any face) ble to petroleum marketing operations tank truck or tank trailer where such This Amendment No. 31 shall become in the United States, its territories or tank truck or tank trailer is used or is effective April 15, 1944. possessions and to the use of material to be used to deliver petroleum into the Jor such operations. fuel supply tanks of passenger motor (56 Stat. 23, 765; Pub. Law 151, 78th (b) Definitions. (1) “Person” means vehicles. Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, any individual, partnership, association, (4) Use any (i) structure constructed, 8 F.R. 4681) business trust, corporation, governmen­ reconstructed, expanded, altered or re­ Issued this 10th day of April 1944. tal corporation or agency, or any organ­ modelled in violation of this order; (ii) ized group of persons, whether incor­ equipment installed in violation of this J am es F. B r o w n l e e , porated or not. order; (ill) tank or tank trailer con­ Acting Administrator. (2) “Marketing” means the operation structed, equipped or located in viola­ [P. R. Doc. 44-5087; Piled, April 10, 1944; of all facilities (other than petroleum tion of this order. 11:39 a. m.] terminal or terminal storage facilities (d) Permitted uses of material. The or marine, rail, pipeline or truck facili­ provisions of paragraph (c) shall not ties used to transport petroleum) for apply in the following instances: distributing or dispensing petroleum (ex­ (1) To any case where material is to P art 1499— C o m m o d itie s and S ervices cluding natural or liquefied petroleum be used by any person for the mainte­ gas), including without limitation the nance and repair of any structure or [SR 15 to GMPR, Amdt. 24] operation of service stations, substations, equipment. SERVICES OF CARRIER OTHER THAN COMMON bulk plants, warehouses, wholesale de­ (2) To any case where the structure CARRIER pots, or facilities operated by “consumer or equipment is to be used exclusively accounts”. for the official requirements of the armed A statement of the considerations in­ (3) “Material” means any commodity, forces of the United States. volved in the issuance of this amendment equipment, accessory, part, assembly, or (3) To any case where equipment is has been issued simultaneously herewith product of any kind. to be installed as a replacement of equip­ and filed with the tJivision of the Fed­ (4) “Structure” means any 'building, ment the repair of which cannot be ef­ eral Register.* physical construction or portion thereof, fected on the premises: Provided, That: § 1499.75 (a) (3), the fourth undesig­ used in marketing, but not including (i) In the case of storage tanks having nated paragraph, including the subdivi­ equipment used therein. a capacity of more than 65 gallons, the sions (a) through (j ), is amended to read (5) “Equipment” means dispensing capacity of the tank which is to be in­ as follows: pumps, other than “drum” or “barrel” stalled does not exceed the capacity of Applications for adjustment under this pumps as these terms are known to the the tank which is to be replaced; subparagraph (3) shall be filed on and trade, and storage tanks (including but (ii) In the case of dispensing pumps, contain the information required by not limited to skid tanks) having a ca­ the pump which is to be installed is of OPA Forms 644-602 and 603. pacity of more than 65 gallons used in similar type and design as the pump marketing. which is to be replaced. This amendment shall become effec­ (6) “Maintenance and repair” means (4) To any case where any dispensing tive April 15, 1944. (without regard to accounting practice) : pump completely fabricated prior to Jan­ (56 Stat. 23, 765; Pub. Law 151, 78th (i) The upkeep of any structure or uary 14, 1942 Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, equipment in a sound working condition - (i) Is to be installed to replace a dis­ 8 F.R. 4681) or the restoration or fixing of any struc­ pensing pump manufactured not less ture or equipment which has broken than five years prior to the date of such Issued this 10th day of April 1944. down or is worn out, damaged or installation; or J am es F. B r o w n l e e , destroyed; (ii) Is to be installed by any person Acting Administrator. (ii) Any other use of material not ex­ at any location from which such dispens­ ceeding immaterial cost five hundred dol­ ing pump had been previously removed [P. R. Doc. 44-5095; Piled, April 10, 1944; by such person for safe-keeping for a 11:37 a. m.] lars ($500.00) for any one complete oper­ ation which has not been subdivided for period of at least two months or is to be installed by any person as a replace­ ♦Copies may be obtained from ti*e Office of the purpose of coming within this defini­ ment of a pump of the same type and Price Administration. tion: Provided, That maintenance and design which had been removed by such 17 P.R. 5872, 7967, 8943, 10155; 8 P.R. 537, repair shall not include (a) any use of 1815, 1980, 3105, 3788, 3850, 4140, 4931, 5759, person from such location for safe-keep­ 8751, 8753, 9836, 10433, 10906, 11037, 12406, material in connection with a service ing for a period of at least two months: 12479, 12186, 12668, 14622, 14766, 16298, 17415; station or retail outlet other than for Provided, That any person installing a 9 F.R. 1912, 2556. upkeep or restoration purposes; or (b). dispensing pump pursuant to this para-

/ I f s / FEDERAL REGISTER, Tuesday| A p ril 11, 1944 3859

graph (d) (4) (ii) shall keep a record be addressed to the District Director of delivered to such dealer or bulk con­ showing the date and location of the Distribution and Marketing, Petroleum sumer during the calendar quarter of removal, tl|e type and design of the Administration for W ar at: 1942 corresponding to the quota period: pump removed, the date of the installa­ (1) 122 East 42d Street, New York, Provided, That any naphtha or other tion and thé type and design of the newly New York, if the material is to be used petroleum product which was sold as a installed pimp. in the States of Maine, New Hampshire, motor fuel during the corresponding (5) To 4ny case where equipment is Vermont, Massachusetts, Rhode Island, calendar quarter of 1942 shall not be in­ to be installed to distribute petroleum Connecticut, New York, New , cluded in the number of gallons of to machinery or vehicles used directly Delaware, Pennsylvania, Maryland, Vir­ naphtha upon which the quarterly quota in physicàl construction work on any ginia, West Virginia, North Carolina, of any dealer or bulk consumer is project to which a preference rating of South Carolina, Georgia, Florida, or the computed. District of Columbia. AA-4 or higher has been assigned: Pro­ (E.O. 9276, 7 F.R. 10091; E.O. 9319, 8 F.R. (2) 1200 Blum Building, 624 South vided, That such equipment shall be 3687; W PB Directive No. 30, 8 F.R. 11559; Michigan Avenue, Chicago, Illinois, if the withdrawn from the location of the proj­ E.O. 9125, 7 F.R. 2719; sec. 2 (a ), Pub. ect uponitiie completion thereof and shall material is to be used in the States of Ohio, Kentucky, Tennessee, Indiana, Law 671, 76th Cong, as amended by Pub. thereaftiw be subject to the provisions Laws 89 and 507, 77th Cong.) of this jBrder. - Michigan, Illinois, Wisconsin, Minne­ (6) To any case where equipment is to sota, Iowa, Missouri, Oklahoma, Kansas, Issued this 8th day of April 1944. be installed to contain, distribute or dis­ Nebraska, South Dakota, or North R a l p h K . D avies, pense fuel oil, including grades Nos. 1, 2, Dakota. Deputy Petroleum 3, 4, 5 or 6, Bunker "C ”, kerosene, range (3) 245 Mellie Esperson Building, • Administrator for War. oil or gas oils, to stationary consuming Houston, Texas, if the material is to be facilities: Provided, That such equip­ used in the States of Alabama, Missis­ [F. R. Doc. 44-5059; Filed, April 10, 1944; 10:37 a. in.] ment is not installed at any structure sippi, Louisiana, Arkansas, Texas, or New for use in carrying out marketing func­ Mexico. tions regularly performed by a service (4) 320 First National Bank Building, station, substation, bulk plant, ware­ Denver, Colorado, if the material is to be TITLE 34—NAVY house, or wholesale depot. used in the States of Montana, Wyoming, (7) To any case where equipment is to Colorado, Utah, or Idaho. Chapter I—Department of the Navy be installed on a farm and is to be used (5) 855 Subway Terminal Building, exclusively to dispense petroleum prod­ Los Angeles, California, if the material P art 7— U n it e d S tates M ar in e C orps is to be used in the States of Arizona, ucts to the machinery or vehicles used p r o m o t io n ; separ atio n directly in operations on such farm. California, Nevada, Oregon, or Wash­ (8) To any case where advertising ma­ ington, or the Territories of Alaska or Section 7.13-111 (c) is amended by terial which was completely fabricated, Hawaii. adding at the end thereof: "(See § 7.13-66 but not necessarily assembled, on or be­ (f) Violations. Any person who wil­ (b) ( 3 ) ) ”; §§7.13-66 (b) (3) and 7.13- fore March 30, 1942, is to be installed. fully violates any provision of this order, 111 (e) are amended to read as follows: (9) To any case where storage tanks or who, by any act or omission, falsifies § 7.13-66 Failure to qualify for pro­ are to be installed to augment the stor­ records kept or information furnished in motion? * * * age capacity at any location for a prod­ connection with this order is guilty of a (b) Failure on examination. * * * uct presently stored at that location: crime and upon conviction may be pun­ (3) Professionally. An officer who Provided, That the installation results ished by fine or imprisonment. fails to qualify professionally may be in an annual mileage saving of at least Any person who wilfully violates any honorably discharged or, in the discre­ 25% in the mileage traveled by the trans­ provision of this order may be prohibited tion of the Commandant of the Marine portation facilities used in making de­ from delivering or receiving any material Corps, be suspended from promotion for liveries of such petroleum product to the under priority control, or such other ac­ a period of 1 year from the date of his location: And provided further, That the tion may be taken as is deemed appro­ examination, with the loss of 1 year’s installation is not disapproved by the priate. numbers from the date he originally be­ Petroleum Administration for W ar (É.O. 9276, 7 F.R. 10091; E.O. 9319, 8 F.R. came due for promotion. Should he then within ten days after a statement in 3687; W PB Directive No. 30, 8 F.R. 11559; qualify, his loss of numbers will be that triplicate is filed with the District Direc­ E.O. 9125, 7 F.R. 2719; sec. 2 (a ), Pub. of all officers of his rank, junior to him, tor of Distribution and Marketing, as di­ Law 671, 76th Cong, as amended by Pub. who have been promoted during the rected in paragraph (e) hereof, advis­ Laws 89 and 507, 77th Cong.) year. At the end of 1 year, should he ing the date and location of the pro­ fail to qualify upon reexamination, he Issued this 8th day of April 1944. posed installation, the material and shall be honorably discharged (see §7.13- equipment to be used, and the estimated R a l p h K . D a v ie s, 111), placed on the honorary retired list mileage traveled by the transportation Deputy Petroleum (see § 7.13-113), or retained in the M a­ facilities used in making deliveries of Administrator for War. rine Corps Reserve as an extra number such petroleum product to the location in grade. While so serving as an extra before and after the proposed installa­ [F. R. Doc. 44-5060; Filed, April 10, 1944; 10:37 a. m.] number in grade, he may request re­ tion, such notice to be signed by a duly examination and, if and when so quali­ authorized representative of the person fied, may be reassigned to the regular supplying the location with petroleum. lineal list with a consequent loss of (10) T o any case where an authorized P art 1531— M a r k e t in g N a p h t h a numbers. official of the Petroleum Administration [P etroleum Distribution Order 18, Arndt. 1] for W ar has determined that the con­ §7.13-111 Discharge of offi­ struction, reconstruction, expansion or QUARTERLY QUOTA cers? * * * remodeling of any structure, the instal­ Section 1531.1 Petroleum Distribution (e) When 40 years of age in grade of lation of equipment or advertising ma­ Order No. 18 is hereby amended by second lieutenant or first lieutenant; 46 terial, or the construction, equipping or changing subparagraph (7) of paragraph years of age in grade of captain; 52 years locating of any tank truck or trailer, is (a) to read as follows: of age in grade of major; or 58 years of necessary and appropriate in the public age in grade of lieutenant colonel; unless, interest and contributes to the success­ (a) Definitions. * * * ful prosecution of the war. Applica­ (7) “Quarterly quota” means that within the discretion of the Secretary of tion for such a determination shall be amount of naphtha which any dealer or the Navy, he is retained on the active list filed in triplicate on Form PA W 23. bulk consumer is entitled to obtain under or placed on the honorary retired list of (e) Application and correspondence. the provisions hereof from his supplier or the Marine Corps Reserve. All correspondence and all applications suppliers during any quota period and filed under subparagraphs (d) (8) and shall be determined by multiplying by 1 8 F.R. 16437. (d) (9) shall, unless otherwise directed, 125% the number of gallons of naphtha 2 8 F.R. 16440. 3860 FEDERAL REGISTER, Tuesday, April 11, 1944

(R.S. 1621, 41 Stat. 787, 56 Stat. 10, 52 pearing in testimonial advertising is not will be forwarded to the Chief of Naval Stat. 1175, 55 Stat. 3, 56 Stat. 226, 739; 34 permitted. However, it is permissible to Operations. [G.O. 204, Nov. 15, 1943] use the expression “says a Navy captain,” U.S.C. 715, 622, 853-856) (R.S. 1547; 34 U.S.C. 591) etc. Care should be taken to phrase M a j . G e n . D . P e c k , testimonials from Navy personnel so as J a m e s F o r r e s t a l , Acting Commandant of the to make clear that the views expressed Acting Secretary of the Navy. U. S. Marine Corps. are those of individuals and not of the Approved: [F. R. Doc. 44-5050; Filed, April 10, 1944; Navy Department. 9:43 a.m.] F r a n k K n o x , (iv) Names and pictures of naval per­ Secretary of the Navy. sonnel shall not be used for advertising [F. R. Doc. 44-4983; Filed, April 7, 1944; purposes without first obtaining the per­ 11:43 a. m.] mission of the man in question and with­ TITLE 43—PUBLIC LANDS: INTERIOR out submission of the advertisement, in Chapter I—General Land Office completed form, to the Office of Public Relations for review and approval prior (Appendix) P a r t 1— G e n e r a l R e g u l a t io n s A f f e c t in g to publication. [Public Land Order 219] .....£ h e P u b l i c / (Co m m e r c ia l A d v e r t i s in g ; (v) Should an advertiser contemplate A l a s k a P h o t o g r a p h s o f N a v a l S u b j e c t s the use of Navy heroes in a manner not covered by the foregoing, he should be r e s e r v in g a d d it io n a l p u b l i c l a n d s Sections 1.30021 and 1.3005* (to) i5), requested to submit photographs and W ITHIN CHUGACH NATIONAL FOREST FOR (h) (1) are amended to read as follows: text material to the Office of Public Rela­ TOWNSITE PURPOSES § 1.3002 Commercial advertising, (a) tions, Review Section, Washington, D. C., By virtue of the authority vested in The Navy Department will not object to for review prior to publication. the President by section 1 of the act of commercial firms advertising that their - (c) In each case in which any bureau March 12, 1914, 38 Stat. 305, 307 (U.S.C., products are or have been supplied to, or office of the Navy Department or other title 48, sec. 303), and pursuant to Execu­ or used by the Navy, provided: agency in the naval service receives ah tive Order No. 9337 of April 24, 1943, it (1) That no information held as con­ inquiry on this subject, it will reply in is ordered as follows: fidential by the Navy is divulged. the sense of the foregoing. The reservation for townsite purposes (2) That the advertising constitutes a (d) So far as practicable, the review made by Executive Order No. 1919% of statement of fact with no misleading or of advertising copy by naval authority April 21, 1914, of a tract of public land otherwise objectionable features. will be carried out by the commandant of at the head of Passage Canal (Portage (3) That no mention is made of the the naval district within which the ad­ B a y ), within the Chugach National For­ fact that a product has undergone or is vertising company is located. est, Alaska, is hereby enlarged, the reser­ undergoing test at the instance of or (e) When there is doubt as to the vation as so enlarged being described as under the cognizance of the Navy De­ propriety of the copy or photographs, follows: partment, and that there are included reference should be made to the Office of no data derived from tests made in Gov­ Public Relations, Review Section, Navy Beginning at a point from ■which the high­ ernment laboratories or on board naval Department, Washington. D. C. est point of the most northerly knob, about vessels. 50 feet high, on the well-defined glaciated (4) That no statement is made that EG. O. 201, Oct. 16, 19431 spur between Passage Canal and Portage Glacier, about 1 % miles southwest of Passage the product is used by the Navy to the § 1.3005 Photographs of naval sub­ Canal, bears west one-quarter mile. exclusion of other similar products. jects. * * * From the point of beginning, (5) That all copy, text, and photo­ (b) Responsibility. * * * South, 40 chains, to a point in approximate graphs to appear are submitted for re­ (5) Reference to Navy Department in latitude 60°45'45" N., and longitude 148°45' view prior to release. cases of doubt. Where there is doubt as W.; (b) The following regulations govern to the advisability of making or releasing East, 300 chains; North, 140 chains; the use of naval insignia, uniforms, and any photograph for publication, refer­ West, 80 chains; personnel in advertisements or publicity ence, with recommendation, will be made North, 100 chains; stories: to the Secretary of the Navy (Director of West, 220 chains; (1) Insignia. Reproductions of naval Public Relations). When an official South, 200 chains, to the place of begin­ insignia may be used in advertising and Navy still' photograph is referred to the ning. publicity provided that the dignity of Navy Department for review, the original - The area described aggregatee 6,400 acres, such insignia is not compromised. negative and two prints will be for­ including land and water surface. (2) Uniforms. Actual uniforms may warded to the Chief of Naval Operations. A b e F o r t a s , be used for illustrations, provided that All copies of negatives and photographs Acting Secretary of the Interior. the dignity of such uniforms is not com­ of combat action against the enemy M a r c h 28, 1944. promised. There is no, objection to the which show loss of or damage to U. S. use of professional models photographed combatant ships, or fleet operations [F. R. Doc. 44-5005; Filed, April 8, 1944; in naval uniforms provided that the fore­ knowledge of which must be kept in the 10:06 a. m.] going regulations are observed. limited distribution category, should be (3) Personnel. Navy personnel may forwarded via the Commander in Chief, be used under the following conditions: United States Fleet, who will take ap­ TITLE 47—TELECOMMUNICATION (i) The action may not in any way propriate action as to further disposi­ - Chapter I—Federal Communications reflect discredit upon the Navy. tion. All still negatives and prints made (ii) The action or pose shall in no way by commercial photographers shall re­ Commission infer the products advertised are en­ main under naval jurisdiction until such P a r t 3— R u l e s G o v e r n in g S t a n d a r d a n d dorsed by the Navy to the exclusion of negatives have been released. In the H i g h F r e q u e n c y B r o a d c a s t S t a t io n s case of commercial photographers one other products. [Order 84-B] (iii) Testimonials from Navy person­ additional print should be forwarded to the Secretary of the Navy (Director of nel are not banned per se, but the per­ MULTIPLE OWNERSHIP OF STANDARD BROAD­ Public Relations) for the Department son giving the testimonial cannot be CAST STATIONS files. specifically identified. The use of name, * * * I» * At a meeting of the Commission held initials or rank of Navy personnel ap- on April 4, 1944, the Commission gave (h ) General. (1) Official .Navy pho­ consideration to the petitions pending *8 F.R. 7397. tographs of potential strategic or historic before it for a suspension of § 3.35 (8 F.R. * 8 F.R. 7398. value without regard to release status, 16065) or for a postponement of the ef- FEDERAL REGISTER, Tuesday, A pril 11, 1944 3861 fective date of that regulation. The Upon further consideration of Service Commission thereupon adopted the fol­ Order No. 173 Î9 F.R. 222) of January Notices lowing order: 4, 1944, and good caiise appearing there­ for: It is ordered, That: I. Except as provided below the effec­ Service Order No. 173 (9 F.R. 222) tive date of § 3.35 is hereby suspended. DEPARTMENT OF THE INTERIOR. of January 4, 1944, 49 CFR 97.10, pro­ II. On or before May 31, 1944, all li­ viding restrictions on routing of carload General Land Office. censees to whom § 3.35 is or may be ap­ freight from Monroe or West Monroe, plicable will be required to : U t a h Louisiana, to destinations east of the 1. File an application which will effect Mississippi River be, and it is hereby, ESTABLISHMENT AND MODIFICATION OF compliance with § 3.35; or suspended until further order of the GRAZING DISTRICTS 2. Submit a petition for extension of Commission. (40 Stat. 101, secs. 402, 418, license for such period as may be neces­ Establishing Utah Grazing District No. 41 Stat. 476,-485, secs. 4, 10, 54 Stat. 901, sary to complete negotiations for an 11 and modifying Utah Grazing Districts 912; 49 U.S.C. 1 (10)-(17), 15 (4) ) orderly disposition or otherwise to com­ Nos. 4 and 5. It is further ordered, That this order ply with the terms of the regulation, pro­ Under and pursuant to the provisions shall become effective at 12 :0 1 a. m., vided such petition sets forth: of the Taylor Grazing Act of June 28, April 10, 1944; that a copy of this order (a) The determination of the licensee 1934 (48 Stat. 1269), as amended June 26, and direction shall be served upon the to proceed in good faith as expeditiously 1936 (49 Stat. 1976, 43 U.S.C. sec. 315 et Association of American Railroads, Car as may be to effectuate compliance with seq.), and subject to the limitations and Service Division, as agent of the railroads the regulation; and conditions therein contained, Utah Graz­ subscribing to the car service and per (b) A statement of the steps which ing Districts Nos. 4 and 5 are modified by diem agreement under the terms of that petitioner proposes to take in order to eliminating therefrom the following-de­ agreement; and that notice of this order effect his compliance with the regula­ scribed lands, and Grazing District No. be given to the general public by deposit­ tion, and the specific facts establishing 1 1 , embracing such lands, is hereby estab­ ing a copy in the office of the Secretary due diligence in the effort to effect a com­ lished: of the Commission at Washington, D. C., pliance with the terms of the regulation and by filing it with the Director, Divi­ U tah and the licensee’s inability to comply sion of the Federal Register. therewith; or SALT LAKE MERIDIAN By the Commission, Division 3. 3. Submit a petition for a hearing to From District No. 4 determine the applicability of § 3.35 to [SEAL] W. P. B a r t e l , the petitioner, in which case the petition Secretary. T. 43 S.( R. 2 W., Secs. 3 to 10, inclusive, secs. 15 to 22, in­ and the license renewal will be set for [F. R. Doc. 44-5075; Filed, April 10, 1944; hearing. , . clusive, and secs. 28 to 33, inclusive. 11:28 a. in.] T. 44 S., R. 2 W., III. The license renewals of all affected Secs. 3 to 10, inclusive. licensees, who do not take one of the T. 40 S., R. 3 W., unsurveyed, foregoing steps or who are unsuccessful Secs. 4 to 9, inclusive, secs. 16 to 21, in­ in obtaining an extension of time under Chapter II—Office of Defense clusive, and secs. 28 to 33, inclusive. subparagraph 2 above, will be designated Transportation T.' 41 S., R. 3 W., for hearing. Secs. 4 to 9, inclusive, secs. 16 to 21, in­ IV. The Commission will insist upon [Administrative Order ODT 23] clusive, and secs. 28 to 33, inclusive. a speedy determination of any proceed­ Tps. 42, 43, and 44 S., R. 3 W. P art 503— A dministration T. 39 S., R. 4 W., ing hereunder and will require an expe­ Secs. 1 and 2; ditious compliance with its final order EXERCISE OF DELEGATED AUTHORITY Sec. 9, Sy2Sy2; thereon within such reasonable time as Sec. 10, sy2; may be fixed in such final order. Pursuant to Executive Orders 8989, as Secs. 11 to 16, inclusive; V. Upon compliance with § 3.35 the amended, 9108, as amended, 9156, 9214, Sec. 17, Ey2; Commission will issue appropriate cer­ 9294, and 9341, and War Production Sec. 19, lots 6 to 20, inclusive, and E y2j tificates pursuant to the provisions of Board Directive 21, it is hereby ordered: Secs. 20 to 36, inclusive. Tps. 40 to 44 S., R. 4 W. section 123 of the Revenue Act of 1943. § 503.425 Continuance of authority T. 32 S., R. 4y2 W., Adopted this 4th day of April 1944. and functions. Federal officers, depart­ Secs. 6, 7, 18, 19, 30, and 31. ments, agents and agencies, and em­ T. 33 S., R. 4y2 W., partly unsurveyed, [ s e a l ] F ederal C ommunications Sec. 5, wy2; C o m m is s io n , ployees shall continue to exercise the au­ Secs. 6 and 7; T . J. S l o w ie , thority and perform the functions here­ Sec. 8, wy2; Secretary. tofore conferred and imposed upon them Sec. 17, wy2; by the Director and the Acting Director Secs. 18 and 19; [F. R. Doc. 44-5009; Filed, April 8, 1944; of the Office of Defense Transportation Sec. 20, wy2; 11:16 a. m.l until otherwise ordered. Sec. 29, wy2; Administrative Order ODT 22 (9 F.R. ' Secs. 30 and 31; Sec. 32, wy2. 3040) be, and it hereby is, revoked. T. 34 S., R. 4y2 W., partly uftsurveyed, TITLE 49—TRANSPORTATION AND (E.O. 8989, as amended, 6 F.R. 6725 and Bee. 5, wy2; Secs. 6 and 7; RAILROADS 8 F.R. 14183; E.O. 9108, as amended, 7 F.R. 2201 and 8 F.R. 3687; E.O. 9156, 7 Sec. 8, Wy2; Sec. 17, wy2; Chapter I—Interstate Commerce F.R. 3349; E.O. 9214, 7 F.R. 6097; E.O. Secs. 18 and 19; Commission 9294, 8 F.R. 221; KO. 9341, 8 F.R. 6323; Sec. 20, Wy2; W ar Production Board Directive 21, 8 Sec. 29, w y 2; [S. 0 . 173-A] F.R. 5834) Secs. 30 and 31. T. 35 S., R. 4y2 W., partly unsurveyed, P art 97— R o u t in g o p T raffic Issued at Washington, D. C., this 6th Sec. 5, wy2; ROUTING o f CARLOAD FREIGHT FROM MONROE day of April 1944. Secs. 6 and 7; OR WEST MONROE, LA. J. M . J o h n s o n , Sec. 8, wy2; Director, Sec. 17, wy2; At a session of the Interstate Com­ Office of Defense Transportation. Secs. 18 and 19; merce Commission, Division 3, held at Sec. 20, Wy2; its office in Washington, D. C., on the [F. R. Doc. 44-5064; Filed, April 10, 1944; Sec. 29, Wy2; 8th day of April, A. D. 1944. 11:17 a. m .] Secs. 30 and 31. No. 72------5 3862 FEDERAL REGISTER, Tuesday, April 11,1944

T. 36 S., R. 4i/2 W., Tps. 40 to 44 S., R. 8 W., partly unsurveyed. T. 36 S., R. 3 W., partly unsurveyed, Sec. 4, lots 3, 4, 5, 6, 11, and -12, and T. 38 S., R. 9 W., Sec. 3, N y2 and NyzS14; Sy2NWi/4; Secs. 3 tô -10, inclusive; Sec. 4, Ny2, SW 14, Ny2SEi/4, and S W % S E ^ ; Sec. 5, lotá 1 to 10, Inclusive, and S14NE14’. Sec. 11, Wy2; Secs. 5, 6, and 7; T. 39 S., R. 4i/2 W., Sec. 13, sy2; Sec. 8, w y 2; Secs. 25, 26, 27, 34, 35, and 36. Sec. 14, NWÎ4 and S 14; Sec. 13; Tps. 40 to 44 S., R. 4% W. Secs, 15 to 36, inclusive. Sec. 14, Ei/6; T. 32 S., R. 5 W., partly unsurveyed, Tps. 39 and 40 S., R. 9 W . Sec. 22, SE1/4NE1/4 and EyzSE14; V Sec. 1, sy2N E ^ , Ey2SW14, SW 1/4 SW 14, and T. 41 S., R. 9 W., Sec. 23, NE 14, syzNW14, and sy2; s b %; Secs. 1 to 6, inclusive, and Secs. 8 to 16, Secs. 24, 25, and 26; Sec. 2, syzSE14; inclusive; Sec. 27, Eyz; Sec. 10, SE 1/4NENE 14S W *4, Sy2SW14i Secs. 21 to 28, inclusive, and Secs. 83 to 36, Sec. 34, NE 14, Sy2NW14, and S %; and SE 14; inclusive. Secs. 35 and 36. Sec. 11, NE %, S 1/2NW 14, and S & î T. 42 S., R. 9 W., T. 37 S., R. 3 W., Secs. 12 to 15, inclusive; Secs. 1 to 4, inclusive, Secs. 9 to 16, in­ Secs. 1, 2, and 3; Sec. 16, NE14NE14, Sy2NE14, SE14NW14, clusive, and'Secs. 19 to 36, inclusive. Sec. 4, NE 14 and Sy2; NE 14 SW y4, syzSW14, and SE14; . Tps. 43 and 44 S., R. 9 W. Sec. 5, EyzSEÎ4; Sec. 20, SE14; T. 42 S., R. 9y2 W., unsurveyed, Sec. 8, SE 14 NE 14 and NE 14 SE 14 ; Secs. .21 to 28, inclusive; Secs. 17 to 20, inclusive, and Secs. 29 to 32, Secs, 9 to 16, inclusive; Sec. 29, NE 1/4, EyzNW14, SW 14 NW 14, and inclusive. Secs. 21 to 29, inclusive, and secs. 81 to sy2; T. 43 S., R. 91/2 W. 36, inclusive. Sec. 30, SyaSEi/4; T. 41 S., R. 10 W., partly unsurveyed, Tps. 38 and 39, S., R. 3 W. Sec. 31, N E 14 and SE 14 SW 14; Sec. 28, N 1/2 and SW14; T. 40 S., R. 3 W., unsurveyed, Secs. 32 to 36, inclusive. Secs. 29, 31, and 32; Secs. 1, 2, and 3; Tps. 33, 34, and 35 S., R. 5 W . Sec. 33, wy2. Secs. 10 to 15, inclusive, and secs. 22 to 27, T. 36 S., R. 5 W., T. 42 S., R. 10 W., partly unsurveyed, inclusive; Secs. 1 to 24, inclusive; Sec. 3, SWy2; Secs. 34, 85, and 86. Sec. 25, W 14; Sec. 4, N W 14 and sy2; T. 41 S., R. 3 W., Secs. 26 to 35, inclusive. Secs. 5 to 9, inclusivé; Secs. 1, 2, and 3; T. 37 S., R. 5 W., partly unsurveyed, Sec. 10, Wy2; Secs. 10 to 15, inclusive, and secs. 22 to 27, Secs. 2 to 10, inclusive; Secs. 13 to 36, inclusive. inclusive; Sec. I l, wy2NEi,4 and w y 2; T. 43 S., R. 10 W. Secs. 34, 35, and 36. Sec. 14, NWÌ4; T. 42 S., R. 11 W., T. 36 S., R. 4 W., Secs. 15 to 22, inclusive; Secs. 1, 2, 3, Secs. 10 to 15, inclusive, and Secs. 1 to 4, inclusive, and secs. 9 to. 12, Sec. 27, w y 2; Secs. 22 to 27, inclusive; inclusive. Secs. 28 to 33, inclusive; Secs. 34, 35, and 36. T. 37 S., R. 4 W., unsurveyed, Sec. 34, Wy2. T. 43 S., R. 11 W., Sec. 36. T. 38 S., R. 5 W., Secs. 1, 2, 3, secs. 10 to 15, inclusive, and T. 38 S., R. 4 W., unsurveyed, Secs. 8 to 10, inclusive, Secs. 16 to 22, in­ Secs. 23 to 26, inclusive; Sec. 1; clusive, and Secs. 27 to 34, inclusive. Secs. 35 and 36. Secs. 11 ta 14, inclusive, and secs. 23 to 26, T. 39 S., R. 5 W., inclusive; Sec. 4, lots 1 and 2, and sy2NWi/4; From District No. S Secs. 35 and 36. • Secs. 5 to 8, inclusive, Secs. 17 to 21, in­ T. 36 S., R. 1 W., unsurveyed, T. 35 S., R. 1 E., clusive, and Secs. 25 to 36, inclusive. Secs. 19 to 22, inclusive; Secs. 1 and 2; Tps. 40 to 44 S., R. 5 W . Sec. 23, sy2i • Secs, i l to 14, inclusive, and secs. 23 to 26, T. 33 S., R. 6 W., Secs. 25 to 36, inclusive. inclusive; Secs. 24 to 27, inclusive, and Secs. 84, 85, Tps. 37 to 44 S., R. 1 W., partly unsurveyed. Sec. 33, SE 14; and 36. T. 33 S., R. 2 W., Secs. 34, 35, and 36. T. 34 S., R. 6 W., Sec. 1, Wy2; T. 36 S., R. 1 E., partly unsurveyed, Secs. 1, 2, 3, Secs. 11 to 14, inclusive, and Secs. 2 to 11, inclusive; Secs. 1, 2, and 3; Secs. 23 to 26, inclusive; Sec. 12, NW14; ' Sec. 4, E y2. Secs. 35 and 36. Secs. 14 to 23, inclusive, and Secs. 26 to T. 37 S., R. 1 E., T. 35 S., R. 6 W., 35, inclusive. Secs. 13 to 36, inclusive. Secs. 1 and 2;, Tps. 38 to 44 S., R. 1 E., partly unsurveyed. T. 34 S., R. 2 W.i T. 34 S., R. 2 E., unsurveyed, Secs. 11 to Í4, inclusive, and Secs. 23 to Secs. 2 to 10, Inclusive; 26, inclusive; Secs. 19 to 36, inclusive. Sec. 11, wy2; Secs. 35 and 36. Sec. 14, W 14; Tps. 35 to 44 S.., R. 2 E., partly unsurveyed. T. 36 S., R. 6 W., . . T. 34 S., R. 3 È., unsurveyed, Secs. 15 to 22, inclusive; Secs. 1 to 4, inclusive, and Secs. 9 to 16, Secs. 1, 2, and 3; Sec. 23, wy2; inclusive; Secs. 10 tp 15, inclusive, and secs. 19 to Secs. 27 to 33, inclusive. Secs. 24, 25, and 36. 36, inclusive. T. 37 S., R. 6 W., T. 35 S., R. 2 W., Tps. 35 to 44 S., R. 3 E., partly unsurveyed. Secs. 1, 12, 13, 24, 25, and 36. Sec. 4, W y2; T. 33 S., R. 4 E., T. 38 S., R. 6 W., Secs. 5 to 8, inclusive. Secs. 25, 26, 35, and 36. Sec. 1; T. 36 S., R. 2 W., partly unsurveyed, Tps. 34 to 44 S., R. 4 E., partly unsurveyed. Secs. I l to 14, inclusive, and Secs. 23 to 26, Secs. 13 to 36, inclusive. T. 33 S., R. 5 E., inclusive; Tps. 37 to 42 S., R. 2 W., partly unsurveyed. Secs. 21 to 36, inclusive. Secs. 35 and 36. T. 43 S., R. 2 W., Tps. 34 to 44 S., R. 5 E., partly unsurveyed. T. 39 S., R. 6 W., Secs. 1 and 2; T. 32 S., R. 6 E., unsurveyed. Secs. 1 and 2; Secs. 11 to 14, Inclusive, and Secs. 23 to Secs. 22 to 27, inclusive; Secs. 11 to 14, inclusive; 26, inclusive; Secs. 34, 35, and 36. Sec. 15, SE%; Secs. 35 and 36. •Tps. 33 to 44 S., R. 6 E., partly unsurveyed. Sec. 22, NE 14 and sy2; T. 44 S., R. 2 W., Tps. 40 y2 to 43 S., R. 6 y2 E., unsurveyed. Secs. 23 to 28, inclusive, and Secs. 30 to 36, Secs. 1, 2, 11, and 12. T. 32 S., R. 7 E., inclusive. Sec. 19, lot 4 and SE 14SW 14 and Sy2SE14; Tps. 40 to 44 S., R. 6 W., partly unsurveyed. T. 33 S., R. 3 W., partly unsurveyed, Sec. 20, SW 1/4 SW 1/4; Secs. 1, 12, and 13; - T. 39 S., R. 7 W., Sec. 27, SW 14N W 14, NW14SW14, Sy2SW14, Sec. 19; Secs. 23 to 26, inclusive; and S 14 SE 14; Secs. 25 to 36, inclusive. Secs. 35 and 36. Secs. 28 to 34, inclusive; Tps. 40 to 44 S., R. 7 W., partly unsurveyed. T. 34 S., R. 3 W., Sec. 35, SW14SW14. T. 38 S., R. 8 W., Secs. 1 and 2; T. 33 S., R. 7 E., unsurveyed, Sec. 19; , Secs. I l to 14, inclusive, and Secs. 23 to Sec. 2, W 1/2 SW 14; Sec. 20, sy2; 26, inclusive; Sec. 3, N W 14NE 14, sy2NE!4, wy2, and SE14; Secs. 29 to 32, inclusive; Secs. 35 and 36. Secs. 4 to 10, inclusive; Sec. 33, Sy2; Sec. 11, SWÎ4NEÎ4, W14 NW14SE14, and T. 35 S., R. 3 W., Sec. 34, SW 14. - S14SE14; Secs. 1 and 2; T. 39 S., R. 8 W., > Sec. 13, SW14NE14, NW14NW14, sy2NW14, Sec. 3, NWi/4 and S%{ Secs. 11 to 14, inclusive, and Secs. 20 to and S 14; Secs. 4 to 10, inclusive, and Secs. 14 to 36, 23, inclusive; Secs. 14 to 36, inclusive. inclusive. Secs. 27, 28, 29, 32, 33, and 34. Tps. 34 to 42 S., R. 7 E., unsurveyed. FEDERAL REGISTER, Tuesday, A p ril U 1944 3863

T. 13 S., R. 7 W., T. 33 S., R. 8 E., unsurveyed, U t a h Sec. 18, S W ^ S W ^ ; Secs. 13 to 36, inclusive. Sec. 19, Wy2 and W & S E & j ESTABLISHMENT AND MODIFICATION OF T. 14 S., R. 7 W. Sec. 29, W & S W & ; GRAZING DISTRICTS T. 13 S., R. 8 W., Secs. 13 to 36, inclusive. Secs. 30 and 31; Establishing Utah Grazing District Sec. 32, NWV4NW14, sy2NWi4, SW%, and T. 14 S., R. 8 W. SW1/4SE14. No. 10 and modifying Utah Grazing Dis­ T. 13 S., R. 9 W., T. 34 S., R. 8 E., unsurveyed, tricts Nos. 2 and 3. Secs. 24 to 27, inclusive, and secs. 31 to Sec. 5, NWy4NEi4, S ^ N E ^ , wy2, and Under and pursuant to the provisions 36, inclusive. SE14; of the Taylor Grazing Act of June 28, T. 14 S., R. 9 W. Secs. 6, 7, and 8; 1934 (48 Stat. 1269), as amended June T. 13 S., R. 10 W., sec. 17, sy2sy2; Sec. 9, N W & N W ^ , Sy2NWV4, SWV4. and 26, 1936 (49 Stat. 1976, 43 U.S.C. sec. Sec. 18, SE & SE 14; SW&SE%; 315 et seq.), and subject to the limita­ Sec. 15, N W 14NW 14, sy2NWi4, S W 14. and Sec. 19, lots 2, 3, and 4, 'EV2, and E ^ W ^ ; tions and conditions therein contained, sy2sEi4; Sec. 20, and secs. 29 to 32, inclusive. Secs. 16 to 22, inclusive; Utah Grazing Districts Nos. 2 and 3 are T. 14 S., R. 10 W. Sec. 23, NW%NW$4, Sy2NW % , S W Ya . and modified by eliminating therefrom the T. 13 S., R. 11 W., unsurveyed, S W & S E ^ ; following-described lands and Grazing Sec. 23, SE14SW 14 and sy2S E ^ ; Sec. 25, S W 14SW 14; District No. 10, embracing such lands, Sec. 24, sy2NEi4 and sy2; Sec; 26, NW 1/4NE 14, sy2NEy4, Wy2, and is hereby established. Secs. 25 and 26; s e y4; Sec. 27, NE^, E^/aNW^, SW^NWVi, and Secs. 27 to 35, inclusive; U t a h sy2; Sec. 36, NW &NW ^, S%NW%, and SW*4. SALT LAKE MERIDIAN Sec. 28, SE14NE 14, S W ^ N W ^ , and S>/2; T. 35 S., R. 8 E., unsurveyed, Sec. 29, Sy2Ni/2 and Sy2; Sec. 1, wy2 and SW&SE%; From District No. 2 Sec. 30, sy2NEi4, SE&NW^, NE^SW^, Secs. 2 to 11, inclusive; Tps. 10 to 15 S., R. 1 W. Sy2SW^, and SE^; Secs. 31 to 36, inclusive. Sec. 12, W%NE%, wy2 and W&SEft; T. 16 S., R. 1 W., T. 14 S., R. 11 W. Sec. 13, Wy2NE%, wy2, and SEy4; Secs. 1 to 29, inclusive; Secs. 14 to 36, inclusive; Secs. 30 and 31, those parts north and T. 13 S., R. 12 W., Sec. 25, Sy2SEi4; Tps. 36 to 42 S., R. 8 E., unsurveyed. east of Sevier River; Sec. 35, SE%NE^, SE^SW^L, and SE%; T. 35 S., R. 9 E., unsurveyed, Secs. 32 and 33. Sec. 36. Sec. 19, SWy4NWi4, NW%SWi,4 and sy2 T. 17 S., R. 1 W., T. 14 S., R. 12 W., sw y4; Sec. 6, that part north of Sevier River; Secs. 1 and 2; Sec. 30, S W 14NE14. and S E ^ i wy2, T. 15 S., R. iy2 W. Sec. 3, lot 1, sy2NEi4, Sy2NWy4, and Sy2; Sec. 31; Tps. 10 to 13 S„ R. 2 W., partly unsurveyed. Sec. 4, SE^NE^, NE^SW ^, S^SW ^, and Sec. 32, wy2wy2 and SE^SWft. T. 14 S., R. 2 W., SE&; T. 36 S., R. 9 E., unsurveyed, Secs. 1 to 30, inclusive; Sec. 5, SE^SEy4; Sec. 31, that part north of Sevier River; Sec. 5, S W 14NE14, wy2, and 'WftjEKK; » Sec. 6, lots 6 and 7, SE^SW 1^; Secs. 6, 7, and 8; Secs. 32 to 36, inclusive. Secs. 7 to 36, inclusive. Sec. 9, Wy2SWi4; T. 15 S., R. 2 W., partly unsurveyed, T. 14 S., R. 13 W., unsurveyed, Sec. 16, Wi/2NWy4 and SW % ; Secs. 1 to 5, inclusive; Sec. 1, SW*4NEi4, NW>/4, and Sy2; Secs. 17 to 20, inclusive; Secs. 6, 7, and 8, those parts east of Sevier Sec. 2; Sec. 21, w y 2 and W & S E & ; River; Sec. 3, N E 14, sy2NW%, and sy2; Sec. 27, NWy4SWy4 and sy2SW»4; Secs. 9 to 13, inclusive; Sec. 4, sy2Ny2 and sy2; Secs. 28 to 33, inclusive; Secs. 14 to 17, inclusive, Secs. 22 and 23, Sec. 5, N E ^ S W ^ , S'/2SW ^, and SEV4; Sec. 34, S W 1/4NE14, wy2, and SEy4. those parts north and east of Sevier Sec. 6, Sy2Sy2; T. 37 S., R. 9 E., unsurveyed, River; Secs. 7 to 36, inclusive. sec. 2, wy2wy2; Secs. 24 and 25; T. 14 S., R. 14 W., unsurveyed, Secs. 3 to 11, inclusive; Secs. 26, 27, and 34, those parts east of Sec. 1, SE^SE % ; Sec. 12, S W 14NW 14, N W 14SW 1/4, and sy2 • Sevier River; Sec. 10, S E ^ N E ^ , S>/2SW^, and SE14; SW^4 ; Secs. 35 and 36. Sec. 11, Sy2Ny2 and sy2; Sec. 13, w y 2; T. 16 S„ R. 2 W., Secs. 12 to 15, inclusive, secs. 22 to 27, in­ Secs. 14 to 23, inclusive; Secs. 1 and 2; clusive, and secs. 34, 35, and 36. Sec. 24, wy2; Secs. 3, 10, and 11, those parts east of T. 10 S., R. 1 E. Sec. 25, Wi/2 and w y 2SEi,4; Sevier River; T. 11 S., R. 1 E., Secs. 26 to 35, inclusive; Secs. 12 and 13; Secs. 3 to 10, inclusive, secs. 15 to 22, inclu­ Sec. 36, NW&NE&, S^NEft, Wy2, and Secs. 14, 15, 22, and 23, those parts east sive, and secs. 27 to 34, inclusive. SE14. of Sevier River; T. 12 S., R. 1 E., Tps. 38 to 42 S., R. 9 E., unsurveyed. Secs. 24 and 25; Secs. 4 to 8, inclusive; Tps. 39 and 40 S., R. 9y2 E., unsurveyed. Secs. 26, 27, and 35, those parts east of Sec. 9, Ny2 and SWy4; T. 37 S., R. 10 E., unsurveyed, Sevier River; Sec. 16, NWy4, Ny2SW^, and SW^SW^; Sec. 31, S W & S W % . Sec. 36, that part north of Sevier River. Secs. 17 to 20, inclusive; T. 38 S., R. 10 E., partly unsurveyed, T. 17 S., R. 2 W., Sec. 21, N W 1/4NW 14, Sy2NWV4, and SWJ4; Sec. 6, lots 4 to 7, inclusive, and SE% NW}4, Secs. 1 and 2, those parts north of Sevier Sec. 25, N W ^ N W ^ ; Ey2SWy4, and SW^SEi/i; River. Sec. 26, N E 14, Wy2, and Wy2SE^; Sec. 7; T. 9 S., R. 3 W.,. that part in Juab County. Secs. 27 to 34, inclusive; Sec. 8, sy2NWi4 and sy2; Tps. 10 to 13 S., R. 3 W., partly unsurveyed. Sec 35, Wy2NEi4, SE^NEVi, NWy4, and Sec. 14, S W ^ S W ^ ; . T. 14 S., R. 3 W., sy2. Sec. 15, SWy4NWy4 and sy2; Secs. 1 to 32, inclusive; T. 13 S., R. 1 E., Sec. 16, sy2NEi4, w y 2, and SE14; Secs. 35 and 36. Secs. 1 to 12, inclusive; Secs. 17 to 22, inclusive; T. 10 S., R. 4 W., that part in Juab County. Sec. 13, Wy2; Sec. 23, w y2NEi4, w y2, and SE}4; Tps. 11 to 14 S., R. 4 W., partly unsurveyed. Secs. 14 to 23, inclusive; Sec. 25, W yaNW 1^, S W 14, and WftSE%; T. 10 S., R. 5 W., Sec. 24, wy2; Secs. 26 to 36, inclusive. , Secs 25 and 26; Sec. 25, wy2; , Tps. 38^, 39, and 40 S., R. 10 E., unsurveyed. Sec. 27, Sy2; Secs. 26 to 35, inclusive; T. 38 S., R. 11 E., unsurveyed, Secs. 32 to 36, inclusive. Sec. 36, wy2 and wy2Ey2. Sec. 31, SWy4NWi4, NW ^SW ^, and S'/2 T. 11 S., R. 5 W., T. 14 S., R. 1 E., SW%. Secs. 1 to 5, inclusive, and secs. 7 to 36, sec. 1 , wy2 and wy2Ey2; Tps. 38^, 39 S., R. 11 E., unsurveyed. inclusive. Secs. 2 to 11, inclusive; Tps. 12, 13, and 14 S., R. 5 W., partly unsur­ Sec. 12, W 14and W ^ E ^ ; A b e F o r t a s , veyed. Sec. 13, Wy2 and Wy2Ey2; Acting Secretary of the Interior. T. 12 S., R. 6 W., Secs. 14 to 23, inclusive; Secs 25, 35, and 36. Sec. 24, wy2 and wy2Ey2; M a r c h 30, 1944. T. 13 S., R. 6 W., Sec. 25, Wy2 and wy2E‘/2; [P. R. Doc. 44-5002; Filed, April 8, 1944; Secs. 1, 2, 3, secs. 9 to 36, inclusive. Secs. 26 to 35, inclusive; 10:05 a. m.] T. 14 S., R. 6 W. Sec. 36, wy2 and wy2Ey2. 3864 FEDERAL REGISTER, Tuesday, April 11, 1944

T. 15 S., R. 1 E., Tps. 15 and 16 S., R. 6 W. Sec. 28, N y2; Sec. 5, w y 2; T. 17 S., R. 6 W., Sec. 29, Ny2 and Ny2SW»4; Secs. 6 and 7; Secs. 1 to 30, inclusive. Sec. 30, lots 1, 2, and 3, NE}4, Ey2NWy4, Sec. 8, N}4NW>4; Tps. 15 and 16 S., R. 7 W. NE^SWi/4, and Ny2SEi4 . Secs. 18 and 19; T. 17 S., R. 7 W., Tps. 15 to 21 S., R. 16 W., partly unsurveyed. Sec. 27, W V2; Secs. 1 to 30, inclusive. T. 22 S., R. 16 W., Secs. 28 to 33, inclusive; Tps. 15 and 16 S., R. 8 W. Secs. 1 to 35, inclusive; Sec. 34, w y 2. T. 17 S., R. 8 W., Sec. 36, Ny2NWy4, SW ^NW ^, and SW&. T. 16 S., R. 1 E„ Secs. 1 to 30, inclusive. T. 23 S., R. 16 W., Secs. 1 to 30, inclusive. Tps. 15 and 16 S., R. 9 W. Sec. 1, lots 3, 4, and 5, SWy4Ni4; T. 10 S., R. 2 E„ T. 17 S., R. 9 W., Secs. 2 to 10, inclusive; Secs. 6, 7, and 18. Secs. 1 to 30, inclusive. Sec. 11, W V^NE^, w y 2, and SEy4; T. 13 S., R. 2 E., Tps. 15 and 16 S., R. 10 W. Sec. 12, swy4swy4; Sec. 2, Ny2; . T. 17 S., R. 10 W., Sec. 13, N W >/4 and NWy4SWy4; Secs. 3 to 6, inclusive; Secs. 1 to 30, inclusive; Secs. 14 to 23, inclusive; Sec. 8, NEV4, Ei/aNW^, and N%SE%; Sec. 31, lots 1 to 8, inclusive, and lot 16, Sec. 26, NEy4NEy4, Wy2NEi,4, w y 2, and Sec. 9; NE 14, E y2NW 14, NE14SW 14, and NW>/4 w y 2sEy4; sec. io, w y 2. SEi^; Sec. 27; Sec. 32, Ny2NWy4 and SWy4NWy4. From District No. 3 Sec. 28, Ni/2, Ni/aSW^, SE%SWy4, and Tps. 15, 16, and 17 S., R. 11 W. SEi/4; T. 16 S., R.. 1 W., Tps. 15, 16, and 17 S., R. 12 W., partly un­ Sec. 29, NEy4; Secs. 34, 35, and 36. surveyed. Sec. 30, lot 1, NEy4, and NEy4NWy4. T. 17 S., R. 1 W., T. 18 S„ R. 12 W., Tps. 15 to 22 S., R. 17 W., partly unsurveyed. Secs. 1 to 4, inclusive; Secs. 2 to 11, inclusive, secs. 14 to 23, in­ T. 23, S., R. 17 W., Secs. 5 and 8, those parts east of Sevier clusive, and secs. 26 to 35, inclusive. Secs. 1 to 16, inclusive; River; T. 19 S., R. 12 W., Sec. 17, Ni/2 and Ny2SEy4; Secs. 9 to 15, inclusive; Secs. 2 to 11, inclusive, secs. 14 to 23, in­ Sec. 18, NE% and NEy4NWy4; Secs. 16, 17, and 21, those parts east of clusive, and secs. 26 to 35, inclusive. Sec. 21, Ei/2SEy4; Sevier River; T. 20 S., R. 12 W„ Secs. 22 to 27, inclusive; Secs. 22 to 26, inclusive; Secs. 2 to 8, inclusive; Sec. 28, Ey2NEi/4 and S E ^ ; Secs. 27, 28, 34, and 35, those parts east Sec. 9, NE^NEi/4, w y 2N E ^ , NW>/4, and Sec. 33, Ey2, SEy4NWi4, and Ei/2SWy4; of Sevier River; NW}4SWi/4; Secs. 34, 35, and 36. Sec. 36. Sec. 10, Ny2Ny2; - Tps. 15 to 22 S., R. 18 W., partly unsurveyed. T. 18 S., R. 1 W., Sec. 11, N W 14NE 14 and N>/2NWi4; T. 23 S., R. 18 W„ Sec. 1; Sec. 17, N E ^ N E % , Wy2NEi4, and Wy2; Secs. 1 to 11, inclusive; Secs. 2, 3, and 11, those parts east of Sec. 18; Sec. 12, N E 14, Ny2NWi4. S W ^ N W ^ , yfi/2 Sevier River; Sec. 19, Ny2NE% and NWy4. swy4, and Ey2SEy4; Sec. 12; Tps. 15 to 19 S., R. 13 W., unsurveyed. Sec. 14, N E 14NE 14 and NWy4NWy4; Secs. 13, 14, 24, 25, 35, and 36, those parts T. 20 S., R. 13 W., unsurveyed, Sec. 15, NyaNEy4, SE^NEyi, Ny2NWyi, and east of Sevier River. Secs. 1 to 23, inclusive; SWy4NW»4; T. 19 S., R. 1 W., Sec. 24, Ny2r NE 14SW 14, w y 2sw y 4, and Sec. 16, Ni/2Ny2, SE^NEI^, and SWy4NW%; Sec. 1; NW%SE%; Secs. 17 and 18; Secs. 2 and 11, those parts east of Sevier Sec. 26, Ny2NE% and NWy4; Sec. 19, lots 1 to 9, inclusive, N E ^ N E ^ » River; Sec. 27, Ny2, Ny2SWy4, and NW ^SE^; Wy2NEi4 , and Ey2NWy4; Secs. 12 and 13; Sec. 28, Ny2, SWy4, N ^ S E ^ , and S W ^ - Sec. 20, N W 14NW 14. Secs. 14, 23, 24, 25, and 36, those parts east SEy4; Tps. 15 to 21 S., R. 19 W. of Sevier River. Secs. 29 and«30; T. 23 S., R. 19 W., T. 20 S., R. 1 W., Sec. 31, N E 14, w y 2, and NW%SEy4; Sec. 13, Ey2SEi,4; Secs. 1, 24, 25, and 36, those parts east of Sec. 32, Ny2N%; Sec. 24, Ey2NE% and NEy4SEy4. Sevier River. Sec. 33. N W ^ N W ^ i. Tps. 15 to 21 S., R. 20 W., partly unsurveyed. Tps. 15 to 19 S., R. 14 W., unsurveyed. T. 21 S., R. 1 W., T. 16 S., R. 1 E., T. 20 S., R. 14 W., unsurveyed, Secs. 1, 12, 13, 14, and 23, those parts east Secs. 31 to 36, inclusive. of Sevier River; Secs. 1 to 30, inclusive; Tps. 17, 18, and 19 S., R. 1 E. Secs. 24 and 25; Sec. 31, Ny2 and Ny2S E ^ ; .T. 20 S., R. 1 E., Secs. 26, 27, and 34, those parts east of Sec. 32, Ny2 and Ny2Sy2; Secs. 1 to 5, inclusive; Sevier River; Sec. 33, Ny2 and Ny2Sy2; Secs. 6 and 7, those parts east of Sevier Secs. 35 and 36. Sec. 34, Ny2, Ni/aSW^i, SE%SWy4, and River; T. 15 S., R. 3 W., SEi4; Secs. 8 to 17, inclusive; Sec. 6, lots 1 to 6, inclusive, and lots 8 to Secs. 35 and 36. Secs. 18 and 19, those parts*east of Sevier 11, inclusive. T. 21 S.; R. 14 W., River; T. 15 S., R. 4 W., Sec. 1, lots 1 to 4, inclusive, and N ^ S W 1^; Secs. 20 tp 29, inclusive; Secs. 1 to 11, inclusive; Sec. 2, lots 1 and 2, N E ^ S E ^ . Secs. 30 and 31, those parts east of Sevier Sec. 12, Ny2 and SWy4; Tps. 15 to 19 S., R. 15 W., unsurveyed. River; Sec. 13, Wy2; T. 20 S., R. 15 W., unsurveyed, Secs. 32 to 36, inclusive. Secs. 14 to 23, inclusive; Secs. 1 to 33, inclusive; Sec. 24, Wy2; Sec. 34, Ny2Ny2; T. 21 S., R. 1 E., partly unsurveyed, SecP25, NW^NW'/i; Sec. 35, NE% and N ^ N W 1/*; Secs. 1 to 5, inclusive; Secs. 26 to 35, Inclusive. Sec. 36, Ni/2, and NE%SE.i/4. Secs. 6 and 7, those parts east of Sevier T. 16 S., R. 4 W., partly unsurveyed, T. 21 S., R. 15 W., River; Secs. to 12, inclusive, and secs. 14 to 21, Sec. 2, Ni/2, S W 14, N E 14SE14, and Wy2SEy4; Sec. 3, SW i4SW }4; 8 Secs. 3 to 10, inclusive; Secs. 4 to 7, inclusive; inclusive; Sec. 11, Wy2N E ^ , and Vty2; Sec. 8, Ni/2, S W %, and N W ^ S E ^ ; Sec. 22, Ny2 and S W ^ ; Sec. 28, Ny and S W ^ ; Sec. 16, Wy2Ey2 and w y 2; Sec. 9, N 14; 2 Secs. 17 to 20, inclusive; Sec. 10, NW }4; Secs. 29 to 32, inclusive; Sec. 21, wy2; Sec. 17, SWi/4NEy4, w y 2, and Wy2S E ^ ; Sec. 33, liW ft. Sec. 28, Secs. 18 and 19; T. 13 S., R. 2 E., Secs. 29 to 32, Inclusive; Sec. 20, Wy2NE^, SE^NE^, Wy2, NE^ Sec. 1; Sec. 33, N W 14. SE‘,4. and W ^SE% ; Sec. 2, Sy2; T. 17 S., R. 4 W., Sec. 28, S W 14NW 14, SW 1!, and Sy2S E ^ ; Sec. 10, Ey2; Sec. 4, lot 8, S W & N W 14, SWi4r and W & Secs. 29 to 33, inclusive; Secs. 11 to 16, inclusive; SE^; . Sec. 34, SWy4NWy4, Wy2SWy4, and SE14 Sec. 21, E»4; Secs. 5 and 6; swy4. Secs. 22 to 26, inclusive; Sec. 7, Ni/2; T. 22 S., R. 15 W., Sec. 27, Ny2, Ey2SWy4, and SEVi; Sec. 8, Ny2; Sec. 3, lots 2, 3, and 4, S W ^ , w y 2S E ^ , and Sec. 34, NE% and Ey2NWy4; Sec. 9, Ny2. S E ^ S E ^ ; Secs. 35 and 36. Tps. 15 and 16 S., R. 5 W. Secs. 4 to 10, inclusive; T. 14 S., R. 2 E., T. 17 S., R. 5 W.V Sec. 11, SWy4NW% and SW»4; Secs. 1, 2, secs. 11 to 14, inclusive; Secs. 1 to 11, inclusive; Sec. 14, Ny2, Ny2SWy4, SW%SWi4, and Secs. 23 to 26, inclusive; Sec. 12, Ny2 and S W ^ ; NWy4SE&; Secs. 35 and 36. Sec. 13, Wy2; Sec. 15, Ni/2, Ny2swy4, SWi/iSW^, and T. 15 S., R. 2 E., Secs. 14 to 23, inclusive, and secs. 26 to 30» NE%SE%; Secs. 1 and 2; inclusive. Secs. 16 to 21, inclusive; Sec. 3, E»/2; FEDERAL REGISTER, Tuesday, April 11, 1944 3865

Sec. 10, E y2i So much as may be necessary of the Wage and Hour Division. Secs.' 11 to 14, Inclusive; following-described public land in Cali­ [A. 0.335] Sec. 15, Ey2; fornia is hereby classified as suitable for Sec. 22, Ey2; the purpose and, subject to valid exist­ P uerto R ic o Secs. 23 to 26, inclusive; ing rights, is withdrawn from all forms Sec. 27, Ey2; ~ ACCEPTANCE OF RESIGNATION FROM AND Sec. 34, Ey2; of appropriation under the public land APPOINTMENT TO SPECIAL INDUSTRY Secs. 35 and 36. laws and resdfved for the use of the W ar COMMITTEE a Tps. 16, 17, and 18 S., R. 2 E. Department in the construction and T. 19 S„ R. 2 E., maintenance of air-navigation facilities, By virtue of and pursuant to the au­ Secs. 2 to 11, inclusive, secs. 14 to 23, inclu­ the reservation to be known as Air-Navi­ thority vested in me by the Fair Labor sive, and secs. 26 to 35, inclusive; gation Site Withdrawal No. 216 : Standards Act of 1938, as amended, I, Sec. 36, S W 14. L. Metcalfe Walling, Administrator of T. 20, S., R. 2 E., SAN BERNARDINO MERIDIAN the Wage and Hour Division, United Sec. 2, Ni/2, w y -S W ^ , and S E ^ S W ^ ; T. 5 S., R. 20 E., States Department of Labor, Secs. 3 to 10, inclusive; Sec. 14, unsurveyed. Do hereby accept the resignation of Sec. 11, NW*/4; T. 6 S., R. 20 E., Mr. John W . De Bruycker from Special Secs. 15 to 22, inclusive; Secs. 11 and 14, unsurveyed. Industry Committee No. 3 fo r. Puerto Sec. 23, Sy2; The areas described aggregate 1,920 acres. Secs. 26 to 35, inclusive. Rico and do appoint in his stead as repre­ T. 21 S., R. 2 E., The jurisdiction granted by this order sentative for the employers on such Sec. 6. shall cease at the expiration of the six- Committee, Mr. Beniamino Suarez of T. 12 S., R. 3 E., months’ period following the termina­ Caguas, Puerto Rico. Secs. 1, 2, 3, secs. 10 to 16, inclusive, and tion of the unlimited national emergency Signed at Washington this 4th day of secs. 19 to 36, inclusive. declared by Proclamation No. 2487 of April 1944. Tps. 13 to 17 S., R. 3 E. L. M etcalfe W a l l in g , T. 18 S., R. 3 E., May 27, 1941 (55 Stat. 1647). There­ Secs. 4 to 8, inclusive; upon, jurisdiction over the lands hereby Administrator. reserved shall be vested in the Depart­ Sec. 9, wy2; [F. R. Doc. 44-5043; Filed, April 8, 1944; Sec. 17, N W ^ N W Î4 ; ment of the Interior, and any other de­ 4:27 p. m.] Sec. 18, Ny2. partment or agency of the Federal Gov­ Tps. 12 to 15 S., R. 4 E. ernment according to their respective in­ T. 16 S., R. 4 E., terests then of record. The land, how­ Sec. 2, N% and Ni4S% ; ever, shall remain withdrawn from ap­ Sec. 3, Ny2 and S W ^ ; Secs. 4 to 9, inclusive; propriation as herein provided until C l y d e S h ir t C o m p a n y o f N o r t h a m p t o n , Sec. 10, wy2; otherwise ordered. P a. Sec. 15, NWi/4; A be P ortas, Secs. 16 to 20, inclusive; Acting Secretary of the Interior. NOTICE OF DENIAL OF PETITION FOR REVIEW OF ORDER CANCELLING A SPECIAL LEARNER Sec. 29, Nwy4; M arch 30, 1944. Seci 30, lots 1, 2, 3, and 9, NE 14, E'/jNW'A, CERTIFICATE and NE^SW^. [F. R. Doc. 44-5004; Filed, April 8, 1944; T. 12 S., R. 5 E., 10:06 a. m.] Whereas, on March 26, 1943, pursuant Sec. 7, lots 3 and 4, E^SW V4; to § 522.8 of the Regulations Applicable Sec. 18, W & and w y 2S E ^ ; to the Employment of Learners Pursuant Sec. 19, W %Ey2 and Wy2; to section 14 of the Fair Labor Standards Sec. 30, Wy2Ey2 and wy2; DEPARTMENT OF LABOR. Act of 1938, Isabel Ferguson, duly au­ Sec. 31, w y 2Ey2 and wy2. thorized representative of, the Adminis­ T. 13 S., R. 5 E , Office of the Secretary. trator of the Wage and Hour Division, Sec. 6, wy2; after notice and hearing, issued an order Sec. 7, Wy2; [W LD— 22] Sec. 18, w y2; cancelling the special learner certificate Sec. 19, wy2 and SE&; D eep R o c k O i l C o . of the Clyde Shirt Company of North­ Sec. 29, sy2; ampton Pennsylvania (8 F.R. 3812), and Secs. 30, 31, and 32; FINDING REGARDING WAR CONTRACT filed her findings and determination upon Sec. 33, W »/2. the basis of which such order was issued; T. 14 S., R. 5 E., In the matter of Deep Rock Oil Com­ and Sec. 3, wy2; pany, Des Moines, Iowa (Case No. S - Secs. 4 to 10, inclusive, secs. 15 to 22, in­ Whereas, upon application for re­ clusive, and secs. 27 to 34, inclusive. 818). consideration filed by the company pur­ T. 16 S., R. 5 E., Pursuant to section 2 (b) (3) of the suant to §.522.13 (1) of the regulations, Secs. 3 to 10, inclusive, secs. 15 to 22, W ar Labor Disputes Act (Pub. No. 89, such duly authorized representative re­ inclusive, and secs. 27 to 34, inclusive. 78th Cong., 1st sess.) and the Directive considered and affirmed such order of A be P ortas, of the President dated August 10, 1943, cancellation on April 21, 1943 (8 F.R. Acting Secretary of the Interior. published in the F ederal R egister Au­ 5502); and gust 14, 1943, and Whereas, pursuant to § 522.13 (2) of M arch 30, 1944. Having been advised of the existence the regulations, a petition for review of [F. R. Doc. 44-5003; Filed, April 8, 1944; of a labor dispute involving the Deep such order was filed with the Administra­ 10:05 a. m.] Rock Oil Company, Des Moines, Iowa; tor on May 6,1943, by the company; and I find that transportation of petroleum Whereas, upon due examination and products by the Deep Rock Oil Com­ consideration of petitioner’s request for pany, Des Moines, Iowa, pursuant to C a lifo r n ia contracts for wholesale distribution and review and the record of the proceedings [Air-Navigation Site Withdrawal 216] delivery of such products to service sta­ in the matter of the cancellation I have determine^ that the findings of the pre­ WITHDRAWAL OF LAND FOR USE OF WAR tions, is contracted for in the prosecution siding officer are supported by the evi­ DEPARTMENT of the war within the meaning of section 2 (b) (3) of the W ar Labor Disputes Act. dence in the record and. that petitioner By virtue of the authority contained in Signed at Washington, D. C., this 7th was given a full hearing by my duly au­ section 7 of the act of June 28, 1934, 48 day of April 1944. thorized representative: Stat. 1272, as amended by the act of June F rances P e r k in s , Now, therefore, notice is hereby given 26, 1936, 49 Stat. 1976 (U.S.C., title 43, Secretary of Labor. that such petition for review is denied sec. 315f), and in section 4 of the act of and that the company is required to re­ May 24, 1928, 45 Stat. 729 (U.S.C., title [F. R. Doc. 44-5008; Filed, April 8, 1944; 49, sec. 214), it is ordered as follows: 11:21 a.m.] imburse persons employed under the 3866 FEDERAL REGISTER, Tuesday, April 11, i m certificate in accordance with the order IN ARREARS class of service, broadcast; class of sta­ of my duly authorized representative. tion, broadcast; location, Tacoma, Wash­ Signed at New York, New York, this Number of Number ington; operating assignment specified: positions of posi­ 1st day of April. State to which tions oc­ frequency, 1220 kc.; power, 250 w.f hours of operation, unlimited. L. M etcalfe W a l l in g , entitled cupied Administrator. You are hereby notified that the Com­ 1. Virgin Islands______¿______20 0 mission has examined the application in [F. R. Doc. 44—5042; Filed, April .8, 1944; 2. Puerto Rico...... 1,464 53 the above-entitled case and has desig­ 4:27 p. m.] 3. Hawaii ...... 332 24 4. Alaska...... 57 13 nated the matter for hearing for the fol­ 6. California...... ______5,410. 1,588 lowing reasons: 6. Michigan...... 4,117 1,584 1,851 720 1. To determine whether the granting 391 192 of this application would be consistent CIVIL AERONAUTICS BOARD. 5,024 2,588 with the provisions of Executive Agree­ 10. Alabama______2,219 1,273 [Docket Nos. 609, 1070, 969, 970, 1311, 1312, 11. Kentucky...... 2,229 1,289 ment Series 196. 2,447 1,424 2. To determiné whether the granting 1313, 1049, 1195, 1290, 1291, 1217, 1314] 1,710 1,035 5,410 3,288 of this application would be consistent A m e r ic a n A ir l in e s , I n c ., et a l . 1,488 936 -with the policy announced by the Com­ 853 546 NOTICE OF HEARING 1,527 1,034 mission in its Memorandum Opinion 18. Nevada...... 86 6P dated April 27,1942, or subsequent modi­ American Airlines, Inc., Colonial Air­ 2,685 1,894 fications thereof. lines, Inc., Eastern Air Lines, Inc., Hylan 1,360 960 3,258 2,346 3. To determine the extënt of any in­ Flying Service, Page Airways, Inc., Penn­ 417 315 terference which would result from the 6,185 4,731 sylvania-Central Airlines Corp., United simultaneous operation of Station KTBI Air Lines, Inc., Union Airways, Inc. 2*457 1,920 25. North Carolina...... 2,797 2,213 as proposed and Station KTW . Applications for certificates and 2; 284 1,838 26. Tennessee...... ¿...... 4. To determine the areas and popu­ amendment of existing certificates of 411 339 1,339 1,113 lations, if any, which would be deprived public convenience and necessity, be­ 1,486 1,266 of primary service particularly from tween Washington, D. C., New York, 559 503 209 196 Station K T W as a result of the proposed N. Y„ Ottawa, and Montreal, Canada. 2,964 2,821 Notice is hereby given, pursuant to the operation of Station K TBI and what other broadcast services are available to Civil Aeronautics Act of 1938, as QUOTA FILLED amended, particularly section 401 of said these areas and populations. act, that a hearing in the above-entitled 5. To determine whether the proposed 33. Utah...... 431 431 proceeding is assigned to be held on May radiating system complies with the 1,1944, at 10:00 a. m. (eastern war time), IN EXCESS Standards of Good Engineering Prac­ in Conference Room B, Departmental tice, particularly with reference to the Auditorium, Constitution Avenue be­ 34. Massachusetts______. . . ___ 3,381 3,391 height of the antenna. tween 14th Street and 12th Street NW., 35. Pennsylvania...... 7,754 8,029 6. To determine the areas and popula­ 664 697 Washington, D. C., before Examiners 36. Maine...... tions which may be expected to gain William J. Madden and H. Heinrich 37. Vermont...... 281 295 38. New Hampshire______385 405 primary service should Station K TBI Spang. 1,830 1,989 operate as proposed, and what other Dated Washington, D. C., April 7, 1944. 1,490 1,675 1,988 2,249 broadcast services are available to these By the Civil Aeronautics Board. 438 521 880 1,059 areas and populations. [ s e a l] F red A. T o o m b s, 2,187 2,685 . 7. To determine whether a grant of Secretary. 196 243 10, 557 13, 708 the application would be consistent with [F. R. Doc. 44-5058; Filed, April 10, 1944; 503 679 1,411 1,956 the provisions of the North American 10:10 a. m.] 504 862 Regional Broadcasting Agreement. 1,031 1,837 2,097 4,332 8. To determine whether a grant of 1,426 4,641 the application would be consistent with 519 13,213 CIVIL SERVICE COMMISSION. the provisions of Commission Rule 3.25 (d), C o n d it io n o f A pportionment at C lose of Gains______-______532 Losses______• 2,224 9. To determine whether, in view of B u s in e s s F r id a y , M arch 31, 1944 Total appointments...______104.999 the facts adduced under the foregoing The apportioned classified Civil Service N ote: Number of employees occupying issues, “public interest, convenience or includes central offices physically located apportioned positions who are excluded from necessity would be served through the the apportionment figures under section 3, in Washington, D. C., or elsewhere. Po­ ¿ranting of this application. sitions in local post offices, customs dis­ Rule VII, and the Attorney General's Opinion of August 25, 1934, 21,775. The application invölved herein will tricts and other field services outside of not be granted by the Commission unless the District of Columbia which are sub­ By direction of the Commission. the issues listed above are determined in ject to the Civil Service act are filled [ se al] L. A. M o y e r , ' favor of the applicant on the basis of a almost wholly by persons who are local Executive Director residents of the general community in and Chief Examiner. record duly and properly made by means which the vacancies exist. It should be of a formal hearing. [F. R. Doc. 44-5007; Filed, April 8, 1944; The applicant is hereby given the op­ noted and understood that so long as a 9:10 a. m.] person occupies, by original appointment portunity to obtain a hearing on such a position in the apportioned service, the issues by filing a written appearance in charge for his appointment continues to accordance with the provisions of § 1.382 run against his state of original resi­ FEDERAL COMMUNICATIONS COM­ (b) of the Commission’s rules of practice dence. Certifications of eligibles are first MISSION. and procedure. Persons other than the made from states which are in arrears. applicant who desire to be heard must The apportionment is observed in certi­ [Docket No. 6578] file a petition to intervene in accordance fications except to low salaried positions; with the provisions of § 1.102 of the Com­ but as persons v/ho receive appointments T acom a B roadcasters, I n c . mission’s rules of practice and procedure. in the Departmental Service under the NOTICE OF HEARING W ar Service Regulations do not thereby The applicant’s address is as follows: acquire a permanent classified civil serv­ In re application of Tacoma Broad­ Tacoma Broadcasters, Inc., Radio Station ice status, their appointments are not casters, Inc. (K T B I) ; date filed, Novem­ KTBI, Puget Sound Bank Building, 1117 charged to the apportionment. ber 10, 1943; for construction permit; Pacific Avenue, Tacoma 2, Washington. FEDERAL REGISTER, Tuesday, A p ril 11, 1944 3867

Dated at Washington, D. C., April 7, Dated at Washington, D. C., April 7, FEDERAL POWER COMMISSION. 1944. 1944. * [Docket No. G-532] By the Commission. By the Commission. [ s e a l! T. J. S l o w ie , [ se al] T . J. S l o w ie , I nterstate P ip e L in e C o m p a n y Secretary. Secretary. n o t ic e o f application

[P. R. Doc. 44-5061; Filed, April 10, 1944; [F. R. Doc. 44-5062; Filed, April 10, 1944; A p r il 7, 1944. 10:41 a. m.j 10:41 a. m.] Notice is hereby given that on March 23, 1944, Interstate Pipe Line Company [Docket No. 6579] (hereinafter referred to as “Applicant”) [Docket No. 6580] filed with the Federal Power Commis­ C o m m u n it y B roadcasting S ervice C o m m u n it y B roadcasting S ervice sion an application seeking authority NOTICE OF HEARING under section 7 of the Natural Gas Act, NOTICte OF HEARING In re application of Community Broad­ as amended, to operate approximately casting Service (W A B I) ; date filed No­ In re application of Community 8V2 miles of 2-inch to 6-inch pipe line vember 17,1942; for modification of C. P. Broadcasting Service (W A B I) ; date filed, extending from a point in Miami County, (Bl-P-2349) as modified, for change in January 4, 1943; for renewal of license; Kansas, in an easterly direction to the type of transmitter and extension of class of service, broadcast; class of sta­ town border of Drexel, Missouri. construction and completion dates; class tion, broadcast; location, Bangor, Maine; The application states that the afore­ of service, broadcast; class of station, operating assignment, specified: fre­ said facilities were acquired by Appli­ broadcast; location, Bangor, Maine; op­ quency, 1230 kc.; power, 250 w.; hours of cant, a wholly-owned subsidiary of In­ erating assignment specified (under C. operation, unlimited. terstate Gas Company, from its parent P.) : Frequency, 910 kc.; power, 5 kw.; You are hereby notified that the Com­ Company on August 21, .1943. hours of operation, unlimited (D A - mission has examined the application in Any person desiring to be heard or nig&t). the above-entitled case and has desig­ to make any protest with reference to You are hereby notified that the Com­ nated the matter for hearing for the fol­ this application should, on or before mission has examined the above-de­ lowing reasons: April 25, 1944, file with the Federal scribed application and has designated 1. To determine whether the applicant Power Commission a petition or protest the matter for hearing for the following is financially and otherwise qualified to in accordance with the rules of practice reasons: • continue the operation of Station W ABI and regulations of the Commission. in the public interest. 1. To determine the cost of completing [ s e a l ] L e o n M . F u q u a y , the construction authorized in Permit 2. To determine whether the applicant Secretary. No. Bl-P-2349 and the financial outlay, has complied with the provisions of the section 308 (b) of the Communications [F. R. Doc. 44-5006; Filed, April 8, 1944; if any, incurred in connection therewith 10:26 a. m.J by the applicant prior to April 27,1942. Act of 1934, as amended, with reference 2. To determine when the construction to furnishing information and written heretofore authorized in Permit No. B l - statement of facts as requested by the Commission in its communications to P-2349 was actually commenced. the applicant under date of August 11 FEDERAL SECURITY AGENCY. 3. To determine what materials and and September 11, 1943. equipment the applicant has on hand or Food and Drug Administration. 3. To obtain full information respect­ available for the construction authorized ing the character of service that has been by Permit No. Bl-P-2349 and what addi­ D rugs and D evices and is now being rendered and that is tional materials and equipment,* if any, proposed to be rendered by Station PROPOSED AMENDMENTS TO THE GENERAL will be necessary for the completion WABI. REGULATIONS thereof. 4. To determine whether in view of the 4. To determine whether the granting Notice is hereby given that by virtue of facts adduced under the foregoing issues, of the application for modification of and pursuant to the provisions of sec­ public interest, convenience or necessity construction permit and extension of tions 502 (f) and 701 (a) of the Federal would be served by the granting of the Food, Drug, and Cosmetic Act [21 U.S.C. commencement and completion dates instant application. would be consistent with the policy an­ 352 (f), 371 (a) ] the Administrator pro­ The application involved herein will nounced by the Commission in its Mem­ poses to amend the regulations hereto­ not be granted by the Commission un­ fore promulgated under sections 502 (f) orandum Opinion of April 27, 1942, as less the issues listed above are deter­ and 505 of the • act. The proposed amended. mined in favor of the applicant on the amendments are attached hereto. 5. To determine whether, in view of the basis of a record duly and properly made All interested persons may submit facts adduced under the foregoing issues, by means of a formal hearing. written statements for consideration in public interest, convenience or neces­ The applicant is hereby given the op­ determining the final action to be taken sity would be served through the grant­ portunity to obtain a hearing on such on these proposed amendments. Such ing of this application. issues by filing a written appearance in statements should be submitted to the The application involved herein will accordaiice with the provisions of § 1.382 Hearing Clerk, General Counsel’s Office, not be granted by the Commission unless (b) of the Commission’s rules of practice Food and Drug Division, Federal Security the issues listed above are determined and procedure. Persons other than the Agency, Washington 25, D. C., within in favor of the applicant on the basis of applicant who desire to be heard must thirty days after the date of the publica­ a record duly and properly made by file a petition to intervene in accord­ tion of the proposed amendments in the means of a formal hearing. ance with the provisions of § 1.102 of the F ederal R egister. The proposed amend­ The applicant is hereby given the op­ Commission’s rules of practice and pro­ portunity to obtain a hearing on such cedure. ments may be adopted, rejected, or amended, in whole or in part, by the issues by filing a written appearance in The applicant’s address is as follows: Administrator, without further notice. accordance with the provisions of § 1.382 Community Broadcasting Service, Radio Washington, D. C., April 7, 1944. (b) of the Commission’s rules of practice Station WABI, 57 State Street, Bangor, and procedure. Persons other than the Maine. [ s e a l] W atso n B. M il l e r , applicant who desire to be heard must Dated at Washington, D. C., April 7, Acting Administrator. file a petition to intervene in accordance 1944. Proposed Amendments with the provisions of § 1.102 of the Com­ By the Commission. mission’s rules of practice and procedure. The regulation promulgated under sec­ I se al] T. J. S l o w ie , The applicant’s address is as follows; tion 502 (f) of the Federal Food, Drug, Secretary. Community Broadcasting Service, Radio and Cosmetic Act, as published in the Station WABI, 57 State Street, Bangor, [F. R. Doc. 44-5063; Filed, April 10, 1944; F ederal R egister of April 15,1941 (6 F.R. Maine. 10:41 a;m.] 1920), is hereby amended by striking out 3868 FEDERAL REGISTER, Tuesday, A p ril 11, 1944 paragraphs (b) and (c), and promul­ manufacturer for the purpose of exclu­ (b) An application shall not be ac­ gating the following: sive use in the manufacture of another cepted for filing if only one copy is sub­ drug or device and its label bears the mitted or if it is incomplete on its face § 2.106 Drugs and devices; directions statement “For manufacturing use only.” in that: for use. * * * -fe) A shipment or other delivery of a (1) It does not contain all the matter (b) A shipment or other delivery of drug or device shall also be exempt from required by clauses (1), (2), (3), (4), and a drug or device shall be exempt from the requirements of section 502 (f) (1) (6) of section 505 (b) of the act; the requirements of section 502 (f) (1) of of the act with respect to common uses, (2) It does not state the conditions the act, if it complies with all of the adequate directions for which are known under which the drug is to be used; or following conditions: by the ordinary individual. (3) The specimens of labeling pro­ (1) Such drug or device, because of its (f) No shipment or other delivery of posed for use upon or within the retail toxicity or other potentiality for harmful a new drug shall be exempt under para­ package do not expressly or by reference effect or the method of its use or the graph (b) or (c) unless its labeling bears to a brochure or other printed matter collateral measures necessary to its use, such directions for use as are contained prescribe, recommend, or suggest the use is not generally recognized among ex­ in the labeling'upon the basis of which of such drug under such conditions. perts by scientific training and ex­ an application under section 505 of the The Food and Drug Administration perience to evaluate its safety and ef­ act is effective with respect to such hew shall notify the applicant of such non- ficacy, as safe and efficacious for use drug. acceptance and the reason therefor and, except by or under the supervision of a * (g) No exemption under any provision in case of incompleteness as to matter re­ physician, dentist, or veterinarian. quired by any‘clause of section 505 (b ), (2) Such shipment or delivery is made of this regulation shall apply to any shipment or other delivery o f: shall specify such clause. Otherwise the for the purpose of exclusive use: „ (1) A drug if its advertising dissemi­ date on which an application is received (i) By physicians, dentists, or veteri­ nated or sponsored by or on behalf of by the Agency shall be considered to be narians in their professional practice; or its manufacturer, packer, or other per­ the date on which such application is (ii) Upon their prescriptions and filed, and the Food and Drug Adminis­ under labeling bearing the directions for sons responsible for making such ship­ tration shall notify the applicant of soTch use specified in such prescriptions; or ment or delivery, contains any repre­ date. If the applicant withdraws his ap­ (iii) In the manufacture of another sentation not borne by its labeling and which, if so borne, would make it a new plication, such application shall be con­ drug or device. drug. sidered as not having been filed. (3) Adequate directions for the use of (2) A drug intended for administra­ (d) After an application has become such drug or device by physicians, den­ effective with respect to a drug the ap­ tists, or veterinarians, as the case may be, tion by iontophoresis or by injection into or through the skin or mucous mem­ plicant may file a supplemental applica­ are readily available. tion with respect thereto setting forth (4) The label of such drug or device brane. any proposed change in the conditions (other than surgical instruments and (3) A drug or device if such shipment under which such drug is to be used, in other devices to be used exclusively by or delivery is made in the course of the the labeling thereof, in any circumstance physicians, dentists, or veterinarians in conduct of a business of dispensing drugs relating to its production, or in any other their professional practice) bears the or devices pursuant to diagnosis by mail. (h) If a shipment or other delivery, or information contained in the effective statement “Caution: To be dispensed application. Such supplemental appli­ only by or on the prescription of a _____ ,” any part thereof, of a drug or device cation may omit statements made in the or “Caution: To be dispensed only by a which is exempt under paragraph (b), (c ), or (d) is disposed of for any purpose effective application concerning which no _____ ,” the blank being filled in with one change is proposed. or more of the words “physician,” “den­ other than that of the exclusive uses tist,” and “veterinarian,” as the case specified in such paragraph, such exemp­ II. By adding to such regulations a may be. tion shall expire, with respect to such new section (relating to section 505 (d) (5) No representation with respect to shipment or delivery or part thereof t>f the act) as follows: which is so disposed of, at the beginning the conditions for which a drug or device § 2.112 The information contained in of the act of such disposal. The causing is to be used and no statement of dosage an application may be insufficient for the of an exemption so to expire shall be or other direction for use appears in its Administrator to determine whether a considered to be an act which results in labeling except representations or direc­ drug is safe for use if it fails to include tions: such drug or device being misbranded (among other things) a statement show­ unless, prior to such disposal, it is re­ (i) Referred to in paragraph (f) ; ing whether the drug is to be exempt labeled to comply with the requirements (ii) In printed matter supplied to a under § 2.106 (b) or (c) of the regula­ of section 502 (f) (1) of the act, or it is physician, dentist, or veterinarian sepa­ tion under section 502 (f) of the act, as rately from such drug or device; and disposed of for use otherwise than as a drug or device. amended, from the requirement that its (iii) Specified in the prescription of a labeling bear adequate directions for use. (i) For the purposes of this regulation: physician, dentist, or veterinarian upon If the drug is to be so exempt the infor­ (1) The term “dispense” includes, but which such drug or device was dispensed. mation may also be insufficient if : (6) In the case of a drug which is not the term “manufacture” does not in­ (1) The specimen label of the drug designated solely by a name 'recognized clude, the use of a drug as an ingredient fails to incorporate by reference a spe­ in an official compendium and which is in compounding any prescription issued cifically identified brochure or other fabricated from two or more ingredients, by a physician, dentist, or veterinarian printed matter containing adequate di­ its label also bears a statement of the in his professional practice. rections for use by physicians, dentists, quantity or proportion of each active in­ (2) The terms “physician,” “dentist,” or veterinarians, as the case may be, gredient. and “veterinarian,” as used in relation to under all conditions under which the (c) A shipment or other delivery of a the exemption of any drug or device, in­ drug is to be used; drug or device shall also be exempt from clude only those physicians, dentists, and (2) Such label fails to state that the the requirements of section 502 (f) (1) veterinarians who are licensed by law to drug is to be used as shown in such of the act if it complies with all the con­ administer or apply such drug or devices. brochure or printed matter and that ditions set forth in paragraph (b) (3) such brochure or printed matter will be and (6) and if such shipment or delivery The regulations relating to section 505 sent to physicians, dentists, or veteri­ is made to a physician, dentist, veter­ of the act promulgated December 28,1938 narians, as the case may be, on request; inarian, hospital, or clinic for the pur­ (3 F.R. 3168), as amended April 15, 1941 (3) The application fails to contain a pose of exclusive use by physicians, den­ (6 F.R. 1921), are * hereby further copy of such brochure or printed matter; tists, or veterinarians in their profes­ amended as follows: sional practice. or (d) A shipment or other delivery of a I. By changing paragraph (b) of (4) The application fails to show that drug or device shall also be exempt from § 2.110 (relating to section 505 (b) of the such brochure or printed matter is read­ the requirements of section 502 (f) (1) act) and adding a new paragraph (d) ily available to physicians, dentists, or of the act, if it is made to a dealer or thereto as follows: veterinarians, as the case may be, or if FEDERAL REGISTER, Tuesday, A p ril 11, 1944 3869 not that it is to be made so upon the thé forenooh of that day (/Ex (/Eastern ant to authority vested in the Federal application becoming effective. Standard lim e), in Room 207, Federal Trade Commission, Building, Toledo, Ohio. It is ordered, That Miles J. Furnas, a III. By adding to such regulations a Upon completion of testimony for the trial examiner of this Commission, be new section (relating to section 505 (e) Federal Trade Commission, the trial ex­ and he hereby is designated and ap­ of the act) as follows: aminer is directed to proceed immedi­ pointed to take testimony and receive § 2.113 Among the reasons why a ately to take testimony and evidence on evidence in this proceeding and to per­ statement contained in an application behalf of the intervenor and the re­ form all other duties authorized by law; may be untrue are changes in: spondents, respectively. The trial ex­ It is further ordered, That the taking (1) Conditions of use prescribed, rec­ aminer will then close the case and make of testimony in this proceeding begin on ommended, or suggested by the appli­ his report upon the evidence. Friday, April 14, 1944, at eleven o’clock cant for the drug from the conditions of By the Commission. in the forenoon of that day (central such use stated in the application; [ s e a l ] O t is B. Jo h n s o n , standard time), in Room 1123, New Post (2) Articles used as components of the Secretary. Office Building, Chicago, Illinois. drug from those listed in the application; Upon completion of testimony for the (3) Composition of the drug from that [F. r , Doc. 44-5082; Filed, April 10, 1944; Federal Trade Commission, the trial ex­ 11:35 a. m.] stated in the application; aminer is directed to proceed immedi­ (4) Methods used in, or the facilities ately to take testimony and evidence on or controls used for, the manufacture, [Docket No. 5112] behalf of the respondent. The trial ex­ processing, or packing of the drug from aminer will, then close the case and make J o se ph L e v y C l o t h in g M fg . Co., I n c ., such methods, facilities, and controls de­ his report upon the evidence. e t AL. scribed in the application; and By the Commission. (5) Labeling from the specimens con­ ORDER APPOINTING TRIAL EXMINER AND FIX­ [ s e a l] O t is B. J o h n s o n , tained in the application. ING TIME AND PLACE FOR TAKING TESTI­ Secretary. MONY The numbers of §§ 2.110 (d ), 2.111, [F. R. Doc. 44-5083; Filed, April 10, 1944; and 2.1065 (relating respectively to sec­ At a regular session of the Federal 11:35 a. m.] tions 505 (c), 505 (i), and £02 (k) and Trade Commission, held at its office in 506 of the dct) have been changed to the City of Washington, D. C., on the 7th 2.111, 2.114, and 2.115, respectively. day of April, A. D. 1944. In the matter of Joseph Levy Clothing [P. R. Doc. 44-5074; Filed, April 10, 1944; INTERSTATE COMMERCE COMMIS­ Manufacturing Company, Inc., a cor­ SION. 11:27 a.-m.] poration; Crawford Clothes, Inc., a cor­ poration; Joseph Levy, David Levy, and [S.O. 70—A, Special Permit 178] Frank Seidenwurm, individually and as R econsignment of G r apefr u it at K ansas FEDERAL TRADE COMMISSION. officers and directors of Joseph Levy C i t y , M o . Clothing Manufacturing Company, Inc., [Docket No. 4959] and Crawford Clothes, Inc. Pursuant to the authority vested in me WlLLYS-OVERLAND MOTORS, ET AL. This matter being at issue and ready by paragraph (f) of the first ordering for the taking of testimony, and pur­ paragraph (§ 95.35,8 F.R. 14624) of Serv­ AMENDED ORDER APPOINTING TRIAL EXAMINER suant to authority vested in the Federal ice Order No. 70-A of October 22, 1943, AND FIXING TIME AND PLACE FOR TAKING Trade Commission, permission is granted for any common TESTIMONY It is ordered, That Arthur F. Thomas, carrier by railroad subject to the Inter­ At a regular session of the Federal a trial examiner of this Commission, be state Commerce Act: Trade Commission, held at its office in and he hereby is designated and ap­ To disregard entirely the provisions of the City of Washington, D. C., on the 6th pointed to take testimony and receive Service Order No. 70-A insofar as it applies day of April, A. D., 1944. evidence in this proceeding and to per­ to the reconsignment at Kansas City, Mis­ In the matter of Willys-Overland Mo­ form all other duties authorized by law; souri, April 3 or 4, 1944, by Rio Grande Valley tors, Inc., a corporation; United States- It is further ordered, That the taking Citrus Exchange, of car ART 73936, grapefruit, Advertising Corporation, a corporation; of testimony in this proceeding begin on now on the Missouri Pacific Railroad to Salina, Kansas. W ard M. Canaday, individually and as Thursday, April 27, 1944, at ten o’clock The waybill shall show reference to this Chairman of the Board of Directors of in the forenoon of that day (eastern special permit. Willys-Overland Motors, Inc., and of standard time), in Room 504, 45 Broad­ United States Advertising Corporation; way, New York, New York. A copy of this special permit has been Joseph W. Frazer, individually and as Upon completion of testimony for the served upon the Association of American President of Willys-Overland Motors, Federal Trade Commission, the trial ex­ Railroads, Car Service Division, as agent Inc.; George W. Ritter, individually and aminer is directed to proceed immedi­ of the railroads subscribing to the car as Vice President and Secretary of ately to take testimony and evidence on service and per diem agreement under Willys-Overland Motors, Inc., and as Vice behalf of the respondent. The trial ex­ the terms of that agreement; and notice President and Director of United States aminer will then close the case and make of this permit shall be given to the gen­ Advertising Corporation; Delmar G. his report upon the evidence. eral public by depositing a copy in the Roos, individually and as Vice President By the Commission. office of the Secretary of the Commission at Washington, D. C., and by filing it with in Charge of Engineering of Willys-Over­ [ se al] O t is B. J o h n s o n , the Director, Division of the Federal land Motors, Inc.; Frank H. Canaday, in­ Secretary. dividually and as a Director of United Register. States Advertising Corporation. Minne- [F. R. Doc. 44-5084, Filed, April 10, 1944; Issued at Washington, D. C., this 3d apolis-Moline Power Implement Com­ 11:35 a. m .j day of April 1944. pany, a corporation, Intervenor. H omer C. K in g , This matter being at issue and ready [Docket No. 5119] Director, for the taking of testimony, and pursu­ Bureau of Service. ant to authority vested in the Federal H o w ard C l o c k C o r p. [F. R. Doc. 44-5018; Filed, April 8, 1944; Trade Commission, ORDER APPOINTING TRIAL EXAMINER AND FIX­ 11:40 a. m.] It is ordered, That J. Earl Cox, a trial ING TIME AND PLACE FOR TAKING TESTI­ examiner oCthis Commission, be and he MONY hereby is designated and appointed to take testimony and receive evidence in At a regular session of the Federal [S.O. 70-A, Special Permit 179] Trade Commission, held at its office in this proceeding and to perform all other R econsignment of T om atoes at C h ic a g o , the City of Washington, D. C., on the duties authorized by law; III. It is further ordered, That the taking 7th day of April, A. D. 1944. of testimony in this proceeding begin on This matter being at issue and ready Pursuant to the authority vested in me Tuesday, April 18, 1944, at ten o’clock in for the taking of testimony, and pursu- by paragraph (f) of the first ordering No. 72- -6 3870 FEDERAL REGISTER, Tuesday, A p ril 11, 1944 paragraph (§ 95.35,8 F.R. 14624) of Serv­ paragraph (§ 95.35, 8 F.R. 14624) of ice Order No. 70-A of October 22, 1943, ice Order No. 70-A of October 22, 1943, Service Order No. 70-A of October. 22, permission is granted for any Common permission is granted for any common 1943, permission is granted for any com­ carrier by railroad subject to the Inter­ oarrier by railroad subject to the Inter­ mon carrier by railroad subject to the state Commerce Act: state Commerce Act: Interstate Commerce Act': To disregard entirely the provisions of Serv­ -To disregard entirely the provisions of To disregard entirely the provisions of ice Order No. 70-A insofar as it applies to Service Order No. 70-A Insofar as it applies Service Order No. 70-A insofar as it applies the reconsignment at Kankakee, Illinois, to the reconsignment at Chicago, Illinois, to the reconsignment at Milwaukee, Wiscon­ April 5 or 6, 1944, by Edw. H. Anderson Com­ April 5 or 6, 1944, by Gus Relias of car PPE sin, April 5 or 6, 1944, by Edw. H. Anderson pany of car FGE 35264, potatoes, now on the 94679, tomatoes, now on the Wabash Rail­ Company of car DS 6252, potatoes, now on the Illinois Central Railroad, to Cincinnati, Ohio. road, to Schofel Brothers, Newark, New C. M. St. P. & P. Railroad, to Chicago, Illinois. The waybill shall show reference to this Jersey. The waybill shall show reference to this special permit. special permit. The waybill shall show reference to this A copy of this special permit has been special permit. A copy of this special permit has been served upon the Association of American A copy of this special permit has been served upon the Association of American Railroads, Car Service Pivision, as agent served upon the Association of American Railroads, Car Service Division, as agent of the railroads subscribing to the car Railroads, Car Service Division, as agent of the railroads subscribing to the car service and per diem agreement under of the railroads subscribing to the car service and per diem agreement under the terms of that agreement; and notice service and per diem agreement under the terms of that agreement; and notice of this .permit shall be given to the gen­ the terms of that agreement; and notice of this permit shall be given to the gen­ eral public by depositing a copy in the of this permit shall be given to the gen­ eral public by depositing a copy in the office of the Secretary of the Commission eral public by depositing a copy in the office of the Secretary of the Commission at Washington, D. C., and by filing it office of the Secretary of the Commission at Washington, D. C., and by filing it with the Director, Division of the Federal at Washington, D. C., and by filing it with with the Director, Division of the Fed­ Register. the Director, Division of the Federal eral Register. Issued at Washington, D. C., this 5th Register. Issued at Washington, D. C., this 5th day of April 1944. Issued at Washington, D. C., this 5th day of April 1944. H om er C. K in g , day of April 1944. H omer C. K in g , Director, H omer C. K in g , Director, Bureau of Service. Director, Bureau of Service. Bureau of Service. [F. R. Doc. 44-5023; Filed, April 8, 1944; [F. R. Doc. 44-5021; Filed, April 8, 1944; 11.*40 a. m.] [F.~R. Doc. 44-5019; Filed, April 8, 1944; 11.40 a. m.] 11:40 a. m.] [S. O. 103, Special Permit 7] [S. O. 70-A, Special Permit 182] [S.O. 70-A, Special Permit 180] T ransportation o f C a n a d ia n M a lt in g R econsignment o f P otatoes at D a n v il l e , B a r ley F r o m D u l u t h , M i n n . R econsignment of P otatoes at III. K a n k a k e e , III. Pursuant to the authority vested in Pursuant to the authority vested in me me by paragraph (b) of the first order­ Pursuant to the authority vested in me by paragraph (f) of the first ordering ing paragraph (§ 95.4, 8 F.R. 572) of by paragraph (f) of the first ordering paragraph (§ 95.35, 8 FJR. 14624) of Serv­ Service Order No. 103 of January 12, paragraph (§ 95.35,8 F.R. 14624) of Serv­ ice Order No. 70-A of October 22, 1943, 1943, permission is granted for any com­ ice Order No. 70-A of October 22, 1943, permission is granted for any common mon carrier by railroad subject to the permission is granted for any common carrier by railroad subject to the Inter­ Interstate Commerce Act: carrier by railroad subject to the Inter­ state Commerce Act: state Commerce Act: To disregard the provisions of Service To disregard entirely the provisions of Order No. 103 insofar as it applies to the ac­ To disregard entirely the provisions of Serv­ Service Order No. 70-A insofar as it applies ceptance and movement by railroad of 27,000 ice Order No. 70-A insofar as it applies to to the reconsignment at Danville, Illinois, the reconsignment at Kankakee, Illinois, bushels of Canadian malting barley shipped April 5 or 6, 1944, by Edw. H. Anderson Com­ by the Russell-Miller Milling Company, Du­ April 5 or 6, 1944, by Edw. H. Anderson Com­ pany of car WFE 60429, potatoes, now on the luth, Minnesota, to destination in Mexico, pany of cars WFE 67192 and BRE 75465, po­ C. & E. I. Railroad, to St. Louis, Missouri. tatoes, now on the Illinois Central Railroad, provided shipper will advise car numbers The waybill shall show reference to this and dates of shipment of each car. to Camp Selby, Mississippi. special permit. The waybills shall show reference to this The waybills shall show reference to this special permit. A copy of this special permit has been special permit. served upon the Association of American A copy of this special permit has been A copy of this special permit has been Railroads, Car Service Division, as agent served upon the Association of American served upon the Association of American of the railroads subscribing to the car Railroads, Car Service Division, as agent Railroads, Car Service Division, as agent service and per diem agreement under of the railroads subscribing to the car of the railroads subscribing to the car the terms of that agreement; and notice service and per diem agreement under service and per diem agreement under of this permit shall be given to the gen­ the terms of that agreement; and notice the terms of that agreement; and notice eral public by depositing a copy in the of this permit shall be given to the gen­ of this permit shall be given to the gen­ office of the Secretary of the Commission eral public by depositing a copy in the eral public by depositing a copy in the at Washington, D. C„ and by filing it with office of the Secretary of the Commission office of the Secretary of the Commission the Director, Division of the Federal at Washington, D. C., and by filing it with at Washington, D. C., and by filing it with Register. the Director, Division of the Federal the Director, Division of the Federal Issued at Washington, D. C., this 5th Register. Register. day of April 1944. Issued at Washington, D. C., this 5th Issued at Washington, D. C., this 7th day of April 1944. H om er C. K in g , day of April 1944. Director, H om er C. K in g , H om er C. K in g , Bureau of Service. Director, Director, Bureau of Service. Bureau of Service. [F. R. Doc. 44-5022; Filed. April 8, 1944; 11:40 a. m.] [F. R. Doc. 44-5025; Filed, April 8, 1944; [F. R. Doc. 44-5020; Filed. April 8, 1944; 11:40 a. m.] 11:40 a. m.] [S. O. 70-A, Special Permit 183] [8. O. 178, General Permit 6] [S. O. 70-A, Special Permit 181] R econsignment o f P otatoes at T ransportation and R efrigeration o f R econsignment o f P otatoes at M i l ­ K a n k a k e e , III. F ats w a u k e e , W is . Pursuant to the authority vested in me Pursuant to the authority vested in me Pursuant to the authority vested in me by paragraph (f) of the first ordering by paragraph (e) of the first ordering by paragraph (f) of the first ordering paragraph (§ 95.35,8 F.R. 14624) of Serv­ paragraph (§ 95.328, 9 F.R. 542) of Serv- FEDERAL REGISTER, Tuesday, A p ril 11,, 1944 3871

[S. O. 187, 2d Amended General Permit 1] ice Order No. 178 of January 11, 1944, [S. O. 178, Special Permit 107] permission is granted for any còmmon L oading of L ard at O m a h a , N ebr. M o v e m e n t of P otatoes F r o m C olorado, carrier by railroad subject to the Inter­ Pursuant to the authority vested in me N ebraska and W y o m in g state Commerce Act: by paragraph (e) of the first ordering Pursuant to the authority vested in me To disregard the provisions of Service Or­ paragraph (§ 95.328, 9 F.R. 542) of Serv­ by paragraph (g) of the first ordering der No. 178 insofar as it applies to the fur­ ice Order No. 178 of January 11, 1944, paragraph (§ 95.335, 9 F.R. 2949) of Serv­ nishing or supplying of a refrigerator car or permission is granted for any common ice Order No. 187 of March 16, 1944, per­ cars for loading with lard, lard compounds, lard substitutes, rendered pork fats, vege­ carrier by railroad subject to the Inter­ mission is granted for any common car­ table oil shortening or animal tallow, or the state Commerce Act: rier by railroad subject to the Interstate transportation or movement of a refrigera­ To disregard the provisions of Service Order Commerce Act: tor car or cars so loaded. No. 178 insofar as it applies to the loading of To disregard the provisions of Service This general permit shall become effective car ARL 11246 with lard by Armour & Com­ Order No. 187 insofar as it applies to the ac­ at 12:01 a. m., April 10, 1944, and shall ex­ pany at Omaha, Nebraska, and the movement ceptance for transportation and movement pire at 12:01 a. m„ September 25, 1944. of that car so loaded from that point AprU of any refrigerator car loaded with potatoes, The waybills shall show reference to this 5, 1944, to Texarkana, Arkansas-Texas. other than sweet, of any grade, from origins general permit. (Mo. Pac.) in the States of Colorado, Nebraska and The waybill shall show reference to this A copy of this general permit has been Wyoming, consigned to washing plants lo­ special permit. served upon the Association of American cated at Center, Del Norte, Julesburg, La A copy of this special permit has been Jara or Monte Vista, Colorado; Alliance, Bay­ Railroads, Car Service Division, as agent ard, Clouse, Gering, Haig, Hemingford, Kim ­ served upon the Association of American of the railroads subscribing to the car ball, Lyman, Minatare, Mitchell, Morrill, service and per diem agreement under Railroads, Car Service Division, as agent Scottsbluff, Sidney or South Mitchell, the terms of that agreement; and notice of the railroads subscribing to the car Nebraska; Huntley, Lingle, Pine Bluffs, River­ of this permit shall be given to the .gen­ service and per diem agreement under ton, South Torrington or Torringtom Wyo­ eral public by depositing a copy in the the terms of that agreement; and notice ming; for washing, sorting and grading pur­ office of the Secretary of the Commis­ of this permit shall be given to the gen­ poses only, provided the bill of lading carries sion at Washington, D. C., and by filing it eral public by depositing a copy in the a certification by the shipper that the ship­ with the Director, Division of the Fed- office of the Secretary of the Commission ment is intended for washing, sorting, and grading purposes only. erai p^^istcr. at Washington, D. C., and by filing it The waybills shall show reference to this Issued at Washington, D. C., this 6th with the Director, Division of the Federal general permit. day of April 1944. Register. H omer C. K i n g , Issued at Washington, D. C., this 5th A copy of this general permit has been Director, day of April 1944. served upon the Association of American Railroads, Car Service Division, as agent Bureau of Service. H om er C. K in g , of the railroads subscribing to the car [F. R. Doc. 44-5026; Filed, April 8, 1944; Director, Bureau of Service. service and per diem agreement under 11:41 a. m.J the terms of that agreement; and notice [F. R. Doc. 44-5016; Filed, April 8, 1944; of this permit shall be given to the gen­ 11:41 a. m.] eral public by depositing a copy in the [S. O. 178, Special Permit 106] office of the Secretary of the Commission [S. O. 178, Special Permit 108] at Washington, D. C., and by filing it L o ad ing o f S h o r t e n in g at B e r k e l e y , with the Director, Division of the Federal C a l if . L oading o f S h o r t e n in g at M e m p h is , Register. T e n n . Pursuant to the authority vested in me Issued at Washington, D. .C., this 6th by paragraph (e) of the first ordering Pursuant to the authority vested in day of April 1944. paragraph (§ 95.328, 9 F.R. 542) of Serv­ me by paragraph (e) of the first ordering H om er C. K in g , ice Order No. 178 of January 11, 1944, paragraph (§ 95.328, 9 F.R. 542) of Serv­ Director, permission is granted for any common ice Order No. 178 of January 11, 1944, Bureau of Service. carrier by railroad subject to the Inter­ permission is granted for any common [F. R. Doc. 44-5024; Filed, April 8, 1944; state Commerce Act: carrier by railroad subject to the Inter­ state Commerce Act : 11:41 a. m.] To disregard the provisions of Service Order No. J.78 insofar as it applies to the loading To disregard the provisions of Service of car PFE 74859, with shortening by Dur- Order No. 178 insofar as it applies to the [S. O. 196] kee’s Famous Foods at Berkeley, California, loading of two refrigerator cars with shorten­ U n lo a d in g o f C oal at H arrisburg, P a . and the movement of that car so loaded from ing by the Humko Company at Memphis, that point not later than April 9, 1944, to Tennessee, and the movement of the two At a session of the Interstate Com­ cars so loaded from that point, one April 7, Durkee’s Famous Foods, Spokane, Washing­ merce Commission, Division 3, held at its 1944, to Philadelphia, Pennsylvania (Mo. ton. (S.P.-G.N.) Pac.) and one April 8, 1944, to New York, office in Washington, D. C., on the 8th The waybill shall show reference to this N. Y. (I. C.) day of April, A. D. 1944. special permit. The waybills shall show reference to this It appearing, that two (2) cars con­ A copy of this special permit has been special permit. taining coal, PRR 161143 and PRR 901728 on hand at Harrisburg, Pennsyl­ served upon the Association of Amer­ A copy of this special permit has been vania, on The Pennsylvania Railroad ican Railroads, Car Service Division, as served upon the Association of Ameri­ Company have been on hand for an un­ can Railroads, Car Service Division, as agent of the railroads subscribing to the reasonable length of time and that the agent of the railroads subscribing to the car service and per diem agreement un­ delay in unloading said cars is impeding der the terms of that agreement; and car service and per diem agreement their use; in the opinion of the Com­ notice of this permit shall be given to under the terms of that agreement; and mission an emergency exists requiring the general public by depositing a copy notice of this permit shall be given to immediate action. It is ordered, That: the general public by depositing a copy in the office of the Secretary of the Com­ Coal at Harrisburg, Pennsylvania, to in the office of the Secretary of the Com­ mission at Washington, D. C., and by be unloaded, (a) The Pennsylvania mission at Washington, D. C., and by filing it with the Director, Division of Railroad Company, its agents or em­ filing it with the Director, Division of the ployees, shall unload forthwith two ( 2) the Federal Register. Federal Register. Issued at Washington, D. C., this 5th cars containing coal, PRR 161143 and Issued at Washington, D. C., this 5th 901728 on hand at Harrisburg, Pennsyl­ day of April 1944. day of April 1944. vania. H om er C. K in g , H om er C. K i n g , (b) Said carrier shall notify the Di­ Director, Director, rector of the Bureau of Service, Inter­ Bureau of Service. Bureau of Service. state Commerce Commission, Washing­ [F. R. Doc. 44-5015; Filed, April 8, 1944$ [F. R. Doc. 44-5017; Filed, April 8, 1944; ton, D. C., when such carloads of coal 11:41 a. m.] 11:41 a. m.] have been completely unloaded. (40 3872 FEDERAL REGISTER, Tuesday, A p ril 11, 29*4

Stat. 101, sec. 402, 41 Stat. 476, sec. 4, 54 These prices are f. o. b. the mine for [MPR 120, Order 676] Stat. 901; 49 U.S.C. 1 (1 0 )-(1 7 )). truck shipment and f. o. b. the rail R a m s e y a n d S il e r It is further ordered, That this order shipping point for rail shipment and for AUTHORIZATION OF MAXIMUM PRICES shall become effective immediately, and railroad locomotive fuel. Order No. 676 under Maximum Price that a copy of this order and direction (c) This order may be revoked or Regulation No. 120. Bituminous coal shall be served upon The Pennsylvania amended at any time. delivered from mine or preparation Railroad Company and upon the Asso­ plant. Establishing maximum prices ciation of American Railroads, Car Serv­ (d) Unless the context otherwise re­ quires, the definitions set forth in and price classifications for coals of ice Division, as agent of the railroads Ramsey and Siler. subscribing to the car service and per § 1340.208 of Maximum Price Regulation For the reasons set forth in an opinion diem agreement under the terms of that No. 120 shall apply to the terms used issued simultaneously herewith and in agreement; and that notice of this order herein. accordance with § 1340.210 (a) (6 ) of be given to the general public by de­ (e) All prayers of applicant not Maximum Price Regulation No. 120, It is positing a copy in the office of the Sec­ granted herein are hereby denied. ordered: retary of the Commission at Washing­ This order shall become effective April (a) The Aileen Mine of Ramsey and ton, D. C„ and by filing it with the Di­ 7, 1944. Siler in McDowell County, West Vir­ rector, Division of the Federal Register. ginia, Subdistrict No. 3 of District No. 7, By the Commission, Division 3. (56 Stat. 23, 765; Pub. Law 151, 78th is hereby assigned Mine Index No. 1023. Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, [ s e a l ] W. P. B a r t e l , (b) Coals produced by Ramsey and Secretary. 8 F.R. 4681.) Siler, Eckman, West Virginia, at its [P. R. Doc. 44-5077; Piled, April 10, 1944; Issued this 6th day of April 1944. Aileen Mine, Mine Index No. 1023, in 11:28 a.m .] C h e s t e r B o w l e s , District No. 7, for the indicated uses and Administrator. movements, are hereby classified as fol­ lows and may be sold and purchased at [F. R. Doc. 44-4937; Filed, April 6, 1944; per net ton prices, not exceeding the fol­ OFFICE OF PRICE ADMINISTRATION. 3:53 p. m.] lowing:

[MPR. 120, Order 675] Size groups

C o m f o r t R u n C o a l C o . 1 2 3 4 5 6 7 8 9

AUTHORIZATION OF MAXIMUM PRICES Classification______B B* A A A B B D D Rail shipments______'...... $3.95 $4.05 $4.10 $3.55 $3.45 $3.80 $3.50 $3.10 $3.05 Order No. 675 under Maximum Price 4.50 3.85 4.15 3.50 ' - 3. 20 3.15 Regulation No. 120. Bituminous coal delivered from mine or preparation Railroad Locomotive Fuel [MPR 120, Order 677] plant. Establishing price classifica­ All lump and double screened coal------$3.65 tions and maximum prices for coals of Run of Mine______— ------3.50 D a r t m o n t C o a l C o . Comfort Run Coal Company. Resultant run of mine—larger than For the reasons set forth in. an opinion iy4" x 0 hut not exceeding 2y2" x 0— 3.35 AUTHORIZATION OF MAXIMUM PRICES Screenings iy4” x 0 and smaller------3.10 issued simultaneously herewith and in Order No. 677 under Maximum Price (c) The maximum prices established accordance with § 1340.210 (a) (6) of Regulation No. 120. Bituminous coal de­ Maximum Price Regulation No. 120, It herein are f. o. b. the mine for truck ship- ' ments, and f. o. b. the rail shipping point livered from mine or preparation plant. is ordered: for rail shipments and for railroad loco­ Establishing maximum prices for coals (a) The Comfort Run Mine of Com­ motive fuel. fort Run Coal Company in Clearfield produced by the Dartmont Coal Com­ id) This order may be revoked or pany, Evart, Kentucky. County, Subdistrict No. 13 of District No. amended at any time. For the reasons set forth in an opin­ 1, is assigned Mine Index No. 5056. (e) Unless the context otherwise re­ (b ) Coals produced by Comfort Run quires, the definitions set forth in ion issued simultaneously herewith Coal Company from its Comfort Run § 1340.208 of Maximum Price Regulation § 1340.210 (a) (6 ) of Maximum "Price Mine, Mine Index No. 5056 in Size Group No. 120 shall apply to the terms used Regulation No. 120, It is ordered:. 1 to 5, inclusive, for rail shipments, are herein. (a) The Dartmont Mine operated by hereby classified “D,” and may be sold (f) All prayers of the applicant not the Dartmont Coal Company, Evart, Ken­ granted herein are hereby denied. and purchased for rail and truck ship­ tucky, is hereby assigned Mine Index No. ments at prices not exceeding the This order shall become effective April 7074 and is classified in Freight Origin following: 7, 1944. Group No. 80. (56 Stat. 23, 765; Pub. Law 151; 78th (b) Coals produced by the Dartmont Size groups Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 8 F.R. 4681) Coal Company, Evart, Kentucky at its Dartmont Mine, Mine Index No. 7074, 1 2 3 4 6 Issued this 6th day of April 1944. C h e s t e r B o w l e s , in District No. 8 for shipment by rail and $3.60 $3.40 $3.36 $3.26 $3.25 Administrator. truck may be sold and purchased at Truck shipments...... 3.70 3.46 3.46 3.35 3.25 prices not to exceed the following respec­ Railroad locomotive fu el... 3.20 3.20 3.05 2.95 2.95 [F. R. Doc. 44-4936; Filed, April 6, 1944; 3:53 p. m.] tive prices per ton f. o. b. the mine.

Size group'No.

1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21

Price classification...... Q Q Q Q L L K H F D E .E E K K K K Rail shipments______$3.30 $3.25 $3.20 $3.20 $3.20 $3.20 $3.10 $3.05 $3.05 $3.70 $3.00 $3.00 $3.00 $2.85 $2.80 $2.80 $2.80 Railroad fuel shipments______...... 3.30 8.25 3.20 3.20 3.20 3.20 3.10 3.10 3.10 3.70 3.00 3.00 3.00 2.85 2.80 2.80 2.80 Truck shipments...... 3.50 3.30 3.20 3.20 3.05 2.85 2.35 2.30 FEDERAL REGISTER, Tuesday, April 11, 1944 3873

[MPR 275, Order 1, Revocation] This Order No. 677 may be revoked or delivered from mine or preparation plant. amended by the Administrator at any Establishing maximum prices for coals of H . J. H e in z C o . time. the Congress Coal Company. AUTHORIZATION OF MAXIMUM PRICES Unless the context otherwise requires, For the reasons set forth in an ac­ the definitions set forth in § 1340.208 of Order No. 1 under Maximum Price Maximum Price Regulation No. 120, shall companying opinion issued simultane­ Regulation 275. Extracted honey. apply to the terms used herein. ously herewith and in accordance with Authorization of maximum prices of All prayers of the applicant not § 1340.210 (a) (6 ) of Maximum Price “Lakeshore” brand extracted honey for H. J. Heinz Company, Pittsburgh, Penn­ granted herein are hereby denied. Regulation No. 120, It is ordered: This Order No. 677 shall become effec­ sylvania. (a) The Cumberland Mine of The tive April 7, 1944. For the reasons set forth in an opinion Issued this 6th day of April 1944. Congress Coal Company is hereby as­ issued simultaneously herewith, It is C hester B o w l e s , signed Mine Index No. 4032 and classified ordered: Administrator. in the Cambridge Freight Origin Group (a) That Order No. 1 with amend­ [P. R. Doc. 44—4935; Filed, April 6, 1944; and Railroad Fuel Price Group No. 102. ments thereto issued pursuant to § 1351.- 3:53 p. m.j (b) Coals produced by The Congress 1319 (g) of Maximum Price Regulation No. 275 be and is hereby revoked. Coal Company, Zanesville, Ohio, Mine In­ [MPR 120, Order 678] (b) This order of revocation shall be dex No. 4032, in District No. 4, for the C ongress C oal C o . effective as of the 4th day of April 1944. indicated uses and movements, may be AUTHORIZATION OF MAXIMUM PRICES (56 Stat. 23, 765; Pub. Law 151, 78th sold and purchased at per net ton prices Order No. 678 under Maximum Price Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, Regulation No. 120. Bituminous Coal not exceeding the following: 8 F.R. 4681)

Size groups Issued this 7th day of April 1944. C hester B o w l e s , 1 2 3 4 5 6 7 8 9 10 11 12 Administrator. [F. R. Doc. 44-4999; Filed, April 7, 1944; Rail-shipments...... $3.10 $3.05 $2.75 $2.75 $2.70 $2.60 $2.35 $2.25 $2.60 $2.10 ...... $2.60 4:21 p. m.] Truck shipments------3.55 3.45 3.30 3.05 3.05 2.90 2.65 2.55 Railroad fuel______— ---- 2.75 2.75 2.75 2.75- 2.75 2.60 2.20 2.20 ' 2" 35’ 2.20 "2.60

(c) The maximum prices established Pennsylvania, Subdistrict No. 40 of Dis­ herein are f. o. b. the mine for truck trict No. 1, is hereby assigned Mine In­ [MPR 188, Order 1472] shipments, and f. o. b. the rail shipping dex No. 5046. S tandard M anufacturing C o . point for rail shipments and for rail­ (b) Coals produced by Diamond “D ” road fuel. Coal Company, Somerset, Pennsylvania, APPROVAL OF MAXIMUM PRICES (d) This order may be revoked or from its Barrie “D ” Mine, Mine Index amended at any time. No. 5046, in District No. 1, for the indi­ Order No. 1472 under § 1499.158 of (e) Unless the context otherwise re­ cated uses and movements are assigned Maximum Price Regulation No. 188. quires, the definitions set forth in the following classifications and may be Manufacturers’ maximum prices for § 1340.208 of Maximum Price Regulation sold and purchased at per net ton prices specified building materials and con­ No. 120 shall apply to the terms used not exceeding the following: sumers’ goods other than apparel. Ap­ herein. proval of maximum prices for sales of (f) All prayers of the applicant not Size groups new garden tools manufactured by granted herein are hereby denied. Standard Manufacturing Company. (g) This order shall become effective 1 2 3 4 5 For the reasons set forth in an opinion April 7, 1944. issued simultaneously herewith and filed Price classifications...... H H H H H with the Division of the Federal Register (56 Stat. 23, 765; Pub. Law 151, 78th Rail shipments___..... ___ $3.30 $3.30 $3.10 $2.85 $2.85 Cong.; E.O. 9250, 7 P.R. 7871; E.O. 9328, Truck shipments...... 3.50 3.25 3.25 3.15 3.05 and pursuant to the authority vested in 3.20 3.20 3.05 2.95 2.95 8 F.R. 4681) Railroad locomotive fuel... the Price Administrator by the Emer­ gency Price Control Act of 1942, as Issued this 6th day of April 1944. (c) The maximum prices established amended, and Executive Order Nos. 9250 C hester B o w l e s , and 9328, It is ordered: Administrator. herein are f. o. b. the mine for truck shipments, and f. o. b. the rail shipping (a) This order establishes maximum [F. R. Doc. 44-4934; Filed, April 6, 1944; point for rail shipments and for railroad prices for sales of two new hoes,.hay 3:53 p. m.] locomotive fuel. rake, level head rake and trowel manu­ (d) This order may be revoked or factured by the Standard Manufacturing amended at any time. Company, 182 East Jefferson Street, [MPR 120, Order 679] (e) Unless the context otherwise re­ Los Angeles, California. quires, the definitions set forth in § 1340.- (1) For sales by the manufacturer, the D iam o n d “D ” C oal C o . 208 of Maximum Price Regulation No. maximum prices are those set forth AUTHORIZATION OF MAXIMUM PRICES 120 shall apply to the terms used herein. below, f . o. b. Los Angeles, California: Order No. 679 under Maximum Price (f) All prayers of the applicant not granted herein are hereby denied. Regulation No. 120. Bituminous coal Model To job­ To re­ delivered from mine or preparation This order shall become effective April Article No. bers tailers plant. Establishing price classifications 7, 1944. and maximum prices for coals of the (56 Stat. 23, 765; Pub. Law 151, 78th Per doz. Per doz. V12 $2.94 $3.92 Diamond “D ” Coal Company. Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, Hoe ...... H12 4.90 6.53 For the reasons set forth in an opinion 8 F.R. 4681) V24 3.69 4.92 R014 4.20 5.60 issued simultaneously herewith and in Issued this 6th day of April 1944. .90 1.20 accordance with § 1340.210 (a) (6) of C hester B o w l e s , Maximum Price Regulation No. 120, It is Administrator. (2) For sales by jobbers to retailers, ordered: (a) The Barrie “D” Mine of Diamond [F.. R. Doc. 44-4933; Filed, April 6, 1944; the maximum prices are those set forth “D ”. Coal Company in Somerset County, 3:52 p. m.] below, f. o. b. seller’s city; 3874 FEDERAL REGISTER, Tuesday, April 11, 1944

2. Paragraph (a) is amended by add­ shall read as follows: “Low Volatile Bitu­ Maximum ing the following model number and minous Coal from Producing District No. Article Model No. prices maximum price under the heading “mon­ 8 (Southeastern West Virginia and itor top sealed units”: Northwestern Virginia) ”. Per doz. Maximum price V12 $3.92 This amendment to Order No. G-13 H12 6.63 Model: for each unit V24 4.92 FEA-2______$64.00 under Revised Maximum Price Regulation R014 6.60 No. 122 shall become effective March 29, 1.20 3. Paragraph (b) is amended by add­ 1944. ing the following model number and maximum price under the heading “mon­ (56 Stat. 23, 765; Pub. Laws 151, 78th (3) For sales at retail, the maximum itor top sealed units”: Cong.; E.O. 9250, 7 F.R. 7871 and E.O. prices are those set forth below: Maximum price 9328, 8 F.R. 4681) Model: for each unit Issued March 29, 1944. Maximum FEA-2______$71.00 Article Model No. prices C liffo r d J. H ouser, 4. Paragraph (c) is amended by add­ Acting Regional Administrator. Each ing the following model number and V12 $0.^9 maximum price under the heading “mon­ [F. R. Doc. 44-4939; Filed, April 6, 1944; Hoe ...... H 12 .85 3:54 p. m.] V24 .62 itor top sealed units”: R014 ' .70 Maximum price .15 Model: for each unit FEA-2______$94. 50 [Region III Order G-14 Under RMPR 122, Amdt. 5] (b) To every garden tool shipped to This amendment shall become effective a purchaser for resale, the manufacturer February 18, 1944. S o lid F u e l s i n D esignated L o c a lit ies i n M ic h ig a n shall attach a tag or label which plainly (56 Stat. 23, 765, Pub. Law 151, 78th states the retail ceiling price. Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, Amendment No. 5 to Order No. G-14 (c) At the time of the first invoice, 8 F:R. 4681) under Revised Maximum Price Regula­ the manufacturer shall notify in writing tion No. 122. Solid fuels sold and deliv­ each purchaser who buys from it of the Issued this 17th day of February 1944. ered by dealers. Maximum prices for maximum prices established by this C hester B o w l e s , specified solid fuels in the cities of Sagi­ order for resales by the purchaser. This Administrator. naw, Carrollton and Zilwaukee and the order establishes maximum prices for townships of Kochville, Buena Vista, and sales by all jobbers to jobbers and re­ [F. R. Doc. 44-5057; Filed, February 17, 1944; 11:34 a. m.] Saginaw, all in the State of Michigan. tailers. Each .jobber who resells any For the reasons set forth in an opinion commodity covered by this order must issued simultaneously herewith and un­ notify his purchaser of the maximum der the authority vested in the Regional prices established by this order for sales Regional and District Office Orders. Administrator of Region III of the Office by the purchaser. The written notice [Region III Order G-13 Under RMPR 122, of Price Administration by §§ 1340.254 may be given in any convenient form. Amdt. 4] and 1340.260 of Revised Maximum Price (d) Unless the context otherwise re­ Regulation No. 122, It is hereby ordered, S o lid F u e ls i n T oledo, O h io , A rea quires, the definitions set forth in That Order No. G-14 under Revised Max­ § 1499.20 of the General Maximum Price Amendment No. 4 to Order No. G-13, imum Price Regulation No. 122 be Regulation shall apply to the terms used as Amended, Under Revised Maximum amended in the following respects: herein. Price Regulation No. 122. Solid fuels (a) Sub-paragraphs 3 and 4 of para­ (e) This Order No. 1472 may be revoked sold and delivered by dealers. Maximum graph B, Part I in section (c) are com­ or amended by the Price Administrator at prices for specified solid fuels in the bined to constitute a new sub-paragraph any time. Toledo, Ohio, Area. 3 of paragraph B, Part I in section (c) This Order No. 1472 shall become ef­ For the reasons set forth in an opinion to read as follows: fective on the 10th day of April 1944. issued simultaneously herewith and Issued this 8th day of April 1944. under the authority vested in the Re­ Column I Column Column C hester B o w l e s , gional Administrator of Region III of II III Administrator. the Office of Price Administration by § 1340.260 and § 1340.254 of Revised Max­ [F. R. Doc. 44-5045; Filed, April 8, 1944; 3. Size Groups No. 6 and 7 (top imum Price Regulation No. 122, It is size larger than 5" but not ex­ 4:41 p. m.] ceeding 6" x bottom size 2" and hereby ordered, That Order No. G-13 smaller; top size 3" but not ex­ under Revised Maximum price Regulation ceeding 5" x bottom size not No. 122 be amended in the following re­ exceeding 3") mine price classi­ fications B through M ...... $9.10 $8.35 •[MPR 136, Amdt. 1 to Rev. Order 88} spects: G eneral E lectric C o . o f B ridgeport, (a) Part I under section (c) (1) is C o n n . amended by adding paragraph E thereto (b) Sub-paragraph 3 (d), paragraph as follows: A of Part I in section (c) is amended to AUTHORIZATION OF'M AXIM UM PRICES read as follows: E. To the prices stated in paragraphs Amendment No. 1 to Revised Order No. A, B, C, and D of Part I may be added 88 under Maximum Price Regulation No. 15$ per ton provided the coal is mined in Column I Column Column 136, as amended. Machines and parts, Sub-district 6 of Producing District 8. II III and machinery services. Sub-district 6 includes that portion of For the reasons set forth in an opinion District 8 which is in Northern Tennessee (d) Glen Alum Mine, Index No. issued simultaneously herewith and filed 219 of the Glen Alum Coal Com- and the following counties in Kentucky: $9.60 $8.75 with the Division of the Federal Register, Bell, Clay, Clinton, Jackson, Knox, and pursuant to the authority vested in Laurel, Leslie, Madison, McCreary, (c) Part I in section (c) is amended by the Price Administrator by the Emer­ Owsley, Pulaski, Rockcastle, Wayne and the addition of paragraph E thereto to gency Price Control Act of 1942, as Whitley. amended, Executive Order Nos. 9250 and read as follows: 9328, and in accordance with § 1390.25a, (b) The general description contained E. To the prices stated in paragraphs Revised Order No. 88 under Maximum in the heading of Part III under Column A, B, C, and D of Part I may be added Price Regulation No. 136 is amended in I of section (c) (1) is amended by the the following respects: substitution of the words “ (Southeastern 15$ per ton provided the coal is mined 1. Paragraph (a) is amended by add­ West Virginia and Northwestern Vir­ in Sub-district 6 of Producing District ing the words “or manufactured” after ginia)” for the word “ (Pocahontas)” so 8. Sub-district 6 includes that portion the word “rebuilt.” that the entire heading under Part in of District 8 which is in Northern Ten- FEDERAL REGISTER, Tuesday, April 11,, 1944 3875 nessee and the following counties in [Region III Order G-20 Under RMPR 122, [Region III Order G-21 under RMPR 122, Amdt. 1] Kentucky: Bell, Clay, Clinton, Jackson, Amdt. 1] S o lid F u e ls i n A l l ia n c e , O h io Knox, Laurel, Leslie, Madison, McCreary, S o lid F u e ls i n L a n s in g , M ic h ., A rea Owsley, Pulaski, Rock Castle, Wayne and Amendment No. 1 to Order No. G-21 Whitley. Amendment No. 1 to Order No. G-20 under Revised Maximum Price Regula­ (d) The general description contained under Revised Maximum Price Regula­ tion No. 122. Solid fuels sold and deliv­ in the heading of Part III- under Column tion No. 122. Solid fuels sold and deliv­ ered by dealers. Maximum prices for I of the price schedule in section (c) is ered by dealers. Maximum prices for specified solid fuels in the City of Alliance amended by the substitution of the words specified solid fuels in the Lansing, in the State of Ohio. “ (Southeastern West Virginia and North­ Michigan, Area. For the reasons set forth in an opin­ western Virginia)” for the word “ (Poca­ For the reasons set forth in an opinion ion issued simultaneously herewith and hontas) ” so that the entire heading un­ issued simultaneously herewith and under the authority vested in the Re­ der said Part III shall read as follows: under the authority vested in the Re­ gional Administrator of Region III of “Low Volatile Bituminous Coal from Pro­ gional Administrator of Region in of the Office of Price Administration by ducing District N q. 7 (Southeastern West the Office of Price Administration by §§ 1340.260 and 1340.254 of Revised Max­ imum Price Regulation No. 122, It is Virginia and Northwestern Virginia) §§ 1340.254 and 1340.260 of Revised Max­ hereby ordered, That Order No. G-21 imum Price Regulation No. 122, It is This Amendment No. 5 to Order No. under Revised Maximum Price Regula­ G-14 under Revised Maximum Price hereby ordered, That Order No. G-20 tion No. 122 be amended in the following Regulation No. 122 shall become effec­ under Revised Maximum Price Regula­ respects: tive March 29, 1944. tion No. 122 be amended in the following (a) The general description in sub- respects: paragraph 1, paragraph A, Part I under (56 Stat. 23, 765, Pub. Laws 151, 78th (a) Sub-paragraph 3, Paragraph 3, of Schedule I in section (c) (1) is amended Cong.; E.O. 9250, 7 F.R. 7871 and E.O. Part I in section (e) is amended to read by the addition of the following phrase 9328, 8 F.R. 4681) as follows: “excepting Mine Index No. 413” so that Issued March 29, 1944. the entire heading under said subpara­ C liffo rd J. H ouser, graph 1 shall read as follows: “Mine Maximum prices Price Classification E through J, except­ Acting Regional Administrator. per net ton ing Mine Index No. 413”. [F. R. Doc. 44-4940; Filed, April 6, 1944; Column I (b) Sub-paragraph 2, paragraph B, 3:55 p. m.] Col­ Col­ Col­ umn umn umn Part II under Schedule I in section (c) II III IV ( 1 ) is amended to read as follows: Maximum. Gross Price per Net Ton | Region III Order G-19 under RMPR 122, 3. Size Group No. 7 (top size larger 2. Size Group No. 3 (double screened; Amdt. 1] than 3" but not exceeding 5" x bottom size 2" and smaller) Mine bottom size larger than 1 but $8.80- $9.30 $7.55 not exceeding 2 " ) ------$6.30 S o lid F u e l s i n W arren, O h io , A rea Price Classifications B through W . Amendment No. 1 to Order No. G-19 (c) Part I under Schedule I in sec­ (b) Paragraph C of Part I in section tion (c) is amended by adding paragraph under Revised Maximum Price Regula­ (c) is amended to read as follows: tion No. 122. Solid fuels sold and deliv­ C thereto as follows: ered by dealers. Maximum prices for C. To the prices stated in paragraphs Maximum prices specified solid fuels in the Warren, Ohio per net ton A and B of Part I may be added 150 per Area. ton provided the coal is mined in Sub- For the reasons set forth in an opinion Column I District 6 of Producing District 8. Sub- Col- Col- Col- issued simultaneously herewith and un­ umn umn umn District 6 includes that portion of Dis­ der the authority vested in the Regional h h i IV trict 8 which is in northern Tennessee Administrator of Region III of the Office and the following counties in Kentucky: of Price Administration by § 1340.260 C. Stove, Size Group No. 8 (top Bell, Clay, Clinton, Jackson, Knox, size larger than 2" but not exceed­ and § 1340.254 of Revised Maximum ing 3" x bottom size 2" and Laurel, Leslie, Madison, McCreary, Ows­ Price Regulation No. 122, It is hereby smaller) Mine Price Classifica- ley, Pulaski, Rock Castle, Wayne, and ordered, That Order No. G-19 under Re­ $8.75 $9.25 $7.50 Whitley. vised Maximum Price Regulation No. 122 This amendment to Order No. G-21 be amended by adding Paragraph C to (c) Part I in section (c) is amended by under Revised Maximum Price Regula­ Part IV in section (c) to read as follows: adding Paragraph F thereto as follows: tion No. 122 shall become effective March 29, 1944. C. To the prices stated in paragraphs F. To the prices stated in paragraphs A and B of Part IV may be added 150 A, B, C, D, and E of Part I may be added (56 Stat.-23, 765; Pub. Laws 151, 78th per ton provided the coal is mined in 150 per ton provided the coal is mined in Cong.; E.O. 9250, 7 F.R. 7871 and E.O. Sub-district 6 of Producing District 8. Sub-district 6 of Producing District 8. 9328, 8 F.R. 4681) Sub-district 6 includes that portion of Sub-district 6 includes that portion of Issued March 29, 1944. District 8 which is in northern Tennes­ District 8 which is in Northern Tennessee C lifford J. H ouser, see and the following counties in Ken­ and the following counties in Kentucky: Acting Regional Administrator. tucky: Bell, Clay, Clinton, Jackson, Bell, Clay, Clinton, Jackson, Knox, Knox, Laurel, Leslie, Madison, Mc­ Laurel, Leslie, Madison, McCreary, Ows­ [F. R. Doc. 44-4943; Filed, April 6, 1944; 3:55 p. m.J Creary, Owsley, Pulaski, Rock Castle, ley, Pulaski, Rock Castle, Wayne, and Wayne and Whitley. Whitley. This Amendment No. 1 to Order No. This amendment to Order No. G-19 [Region 11^ Order G-34 Under RMPR 122, under Revised Maximum Price Regula­ G-20 under Revised Maximum Price Amdt. 1 ] tion No. 122 shall become effective March Regulation No. 122 shall become effective S olid F u e ls i n Y o u n g s t o w n , O h io , A rea 29, 1944. March 29, 1944. Amendment No. 1 to Order No. G-34 (56 Stat. 23, 765; Pub. Laws 151, 78th (56 Stat. 23, 765, Pub. Law 151, 78th under Revised Maximum Price Regula­ Cong.; E.O. 9250, 7 F.R. 7871 and E.O. Cong.; E.O. 9250, 7 F.R. 7871 and E.O. tion No. 122. Solid fuels sold and deliv­ 9328, 8 F.R. 4681) 9328, 8 F.R. 4681) ered by dealers. Maximum prices for Issued March 29, 1944. Issued March 29, 1944. specified solid fuels in the Youngstown, C liffo r d J. H o u ser , C liffo rd J. H o u ser , Ohio, area. Acting Regional Administrator. Acting Regional Administrator. For the reasons set forth in an opinion, issued simultaneously herewith and un­ {F. R. Doc. 44-4941; Filed, April 6, 1944; [F. R. Doc. 44-4942; Filed, April 6, 1944; 3:54 p. m.l 3:54 p. m.] der the authority vested in the Regional 3876 FEDERAL REGISTER, Tuesday, April 11, 1944

Administrator of Region in of the Office point of origin and the point of destina­ [Region VIII Order G-7 Under MPR 280, of Price Administration by §§ 1340.260 tion are within the State of California Amdt. 2] shall be the applicable rate specified in and 1340.254 of Revised Maximum Price M i l k i n B u r l in g t o n , W a sh . Regulation No. 122, It is hereby ordered, Appendix A attached hereto. That Order No. G-34 under Revised Max­ (b) This order shall apply to the haul­ Amendment No. 2 to Order No. G-7 imum Price Regulation No. 122 be ing of potatoes. under Maximum Price Regulation No. amended in the following respects: (c) The rates specified in Appendix A 280, as amended. Maximum prices for (a) Paragraph A, Part V under section shall include loading and unloading, ex­ specific food products (Milk). (c) ( 1 ) is amended to read as follows: cept that unloading performed at the For the reasons set forth in an opinion Los Angeles Produce Market or at the issued simultaneously herewith and Column Column San Francisco Docks shall not be in­ under the authority vested in the Re­ Column 1 III II cluded but may be made the subject of gional Administrator of the Office of a separate charge. Price Administration by § 1351.817 (a) A. Lump, Size Group No. 2 (Bot­ of Maximum Price Regulation No. 280, (d) In determining the distance be­ tom size larger than 3" but not It is hereby ordered, That Order No. G-7 exceeding 5") in Mine Price tween any two points for purposes of this Classifications G through H: be amended as follows: 1. A ll coal mined in Sub-district order the Constructive Highway Mileages (a) Sub-paragraph (a) (2) is hereby 6 (that part of Tennessee in set forth in Distance Table No. 3 issued Producing District 8 and the amended to read as follows: following counties in Ken­ by the Railroad Commission of the State tucky: Bell, Clay, Clinton, (2) For such sales of milk to pur­ Jackson, Knox, Laurel, Leslie, of California on December 27, 1938, in Madison, McCreary, Owsley, connection with its decision No. 31605, as chasers who did not purchase milk from Pulaski, Rock Castle, Wayne the particular farmer’s cooperative dur­ said table has been amended and supple­ & Whitely...... $9.00 $8.00 ing August 1943, the maximum price 8.85 7.85 mented.up to the date of this order, shall shall be the highest price which such be. used. farmer’s cooperative charged during (b) The general description contained (e) Orders No. G-19 and No. G-20 August 1943 to a purchaser of the same in the heading of Part V I under Column under § 1499.18 (c) as amended of the class. I of section (c) (1) is amended by the General Maximum Price Regulation are (b) Paragraph (c) is hereby amended substitution of the words “(Southeastern hereby revoked. West Virginia and Northwestern Vir­ by adding a new sub-paragraph (c) (4) (f) This order may be amended or re­ ginia)” for the word “(Pocahontas)” so to read as follows: voked or corrected at any time. .This that the entire heading under said Part order shall become effective April 5,1944. (4) “Purchaser of the same class” re­ VI shall read as follows: “Low Volatile fers to the practice followed by the seller Bituminous Coal from Producing Dis­ (56 Stat. 23, 765; Pub. Law 151, 78th during the base period, August 1943, in trict No. 8 (Southeastern West Virginia Cong.; E.O. 9250, 7 F.R. 7871 and E.O. setting different prices for sales to dif­ and Northwestern Virginia)”. 9328, 8 F.R. 4681) ferent purchasers or kinds of purchasers This amendment to Order No. G-34 (for example, but not limited to, manu­ Issued this 1st day of April 1944. under Revised Maximum Price Regula­ facturer, wholesaler, jobber, retailer, tion No. 122 shall become effective March L. F. G e n t n e r , government agency, public institution, 29, 1944. Regional Administrator. individual consumer, or any ordinarily (56 Stat. 23, 705; Pub. Laws 151, 78th - A p p e n d ix A recognized sub-group, or combination of Cong.; E.O. 9250, 7 F.R. 7871 and E.O. the foregoing) or for purchasers located ADJUSTED MAXIMUM PRICES IN CENTS PER 100 in different areas or for different quan­ 9328, 8 P.R. 4681) POUNDS tities or, under different conditions of Issued March 29, 1944. sale. Miles Over C liffo rd J. H o user, 12,000 12,000 Over This amendment No. 2 shall become Acting Regional Administrator. lbs. or lbs. but not over 24,000 effective April 1, 1944. But not less lbs. [P. R. Doc. 44-4944; Piled, April 6, 1944; Over— over— 24,000 lbs. (56 Stat. 23, 765; Pub. Law 151, 78th 3:54 p. m.] Cong.; E.O. 9250, 7 F.R. 7871, E.O. 9328, 0...... _...... 5...... 10 8.5 7.5 8 F.R. 4681) 5...... 10...... 10. 5 9 8 10...... 15...... 11 9.5 8.5 Issued this 1st day of April 1944. 15...... 20...... 11.6 10 9 . [Region VIII Order G-88 Under 18 (c) ] 20...... 25...... 12 10.5 9.5 L. F. G e n t n e r , 25 30...... 12.5 11.5 10 Regional Administrator. an 40...... 14 12.6 11 T ransportation of F r u it s and V egetables 40...... 50...... 15.5 14 12 [F. R. Doc. 44-4938; Filed, April 6, 1944; i n C a lif o r n ia 50...... 60...... 15 13 60...... 70-...... 16 14 3:55 p. m.] Order No. G -88 under § 1499.18 (c) as 70...... 80...... 17.5 15 80 90...... 18. 5 16 amended of the General Maximum Price 90...... 100...... 19.5 17 mo 110...... 20.6 18 Regulation. Adjusted maximum prices 110...... 120...... 22 19 [Region I Order G-48 Under RMPR 122, for the transportation of certain fruits 120...... 130...... 23.5 20.5 Amdt. 1] 130...... 140...... 25 22 and vegetables in California by motor 140...... 150...... 26.5 23.5 S o lid F u e ls i n B rattleboro-K e e n e , V t .- 28 25 carriers other than common carriers. 150...... 160...... N . H., A rea 160...... 170...... 29.5 26 For the reasons set forth in an opinion 170 180...... 30.5 27 Amendment No. 1 to Order No. G-48 issued simultaneously herewith and un­ 180...... 190...... 31. 5 28 190...... 200...... 33 29 under Revised Maximum Price Regula­ der the authority vested in the Regional 200...... 220...... 34.5 30.5 tion No. 122. Solid fuels sold and de­ 220...... 240...... 36.5 32 Administrator of the Office of Price Ad­ 240 260...... 38.5 33.5 livered by dealers. Specified solid fuels, ministration by § 1499.18 (c) as amended 260 280...... 41 35 Brattleboro-Keene Area. 280 _____ 300...... 43 36.5 of the General Maximum Price Regula­ 300...... 320...... 45.5 38 For the reasons set forth in an opinion tion, It is hereby ordered: 320...... 340...... 48 39.5 issued simultaneously herewith and un­ 340...... 360...... 50.5 41 (a) The adjusted maximum prices 360...... 380...... 53 42.5 der the authority vested in the Regional which may be charged by any carrier 380 ______400______65.5 44 Administrator of Region I of the Office For distances over 400 miles add for 2.5 2 other than a common carrier for the each 20 miles or fraction. . of Price Administration by § 1340.260 of service of transporting by motor truck Revised Maximum Price Regulation No. in truck lots any of the fruits and veg­ [P. R. Doc. 44-4945; Piled, April 6, 1944; 122 and the Emergency Price Control Act etables listed in paragraph (b) when the 8:55 p. m.] of 1942 as amended, Region I Order No. FEDERAL REGISTER, Tuesday, A p ril U y 1944 3877

G-48 under Revised Maximum Price Reg­ [Region I Order G-16 Under SR 15, MPR 280, (56 Stat. 23, 765; Pub. Law 151, 78th ulation No. 122 is hereby amended In the 329, Arndt. 13] Cong.; E.O. 9250, 7 F.R. 7871 and E.O. following respects: 9328, 8 F.R. 4681) F l u id M i l k i n M assachusetts 1. Those portions of Price Schedule I Issued this 31st day of March 1944. in paragraph (b) (1) which list “Jeddo Highland or Greenwood,” and establish Amendment No. 13 to Order G-16 un­ E ld o n C. S h o u p , der § 1499.75 (a) (9) of Supplementary specific prices for listed sizes of those Regional Administrator. Regulation 15 to the General Maximum coals, are deleted. Approved March 31, 1944. Price Regulation, § 1351.807 of Maximum 2. Those portions of Price Schedule II F. D. C r o n in , in paragraph (c) (1) which list “Jeddo Price Regulation 280 and § 1351.408 of Regional Director, Maximum Price Regulation 329. Fluid Highland or Greenwood,” and establish Food Distribution Administration. specific prices for listed sizes of those milk in the Commonwealth of Massachu­ coals, are deleted. setts. [F. R. Doc. 44-5000; Filed, April 7, 1944; 4:21 p. m.] 3. Those portions of Price Schedule For the reasons set forth in an opinion III in paragraph (d) (1) which list issued simultaneously herewith and un­ der the authority vested in the Regional “Jeddo Highland or Greenwood,” and es­ [Region II 2d Rev. Order G - l Under RMPR Administrator of Region I p i the Office of tablish specific prices for listed sizes of 122] Price Administration by § 1499.75 (a) (9) those coals, are deleted. P ennsylvania A n t h r a c ite i n M id d le se x 4. Paragraph (f) is revoked and a of Supplementary Regulation No. 15 to C o u n t y , JJ. J. new paragraph (f) is inserted, to read the General Maximum Price Regulation, as follows: as amended, by § 1351.807 of Maximum Second Revised Order No. G - l under Price Regulation 280, as amended, and §§ 1340.259 (a) (1) and 1340.260 of Re­ (f) Certain named Pennsylvania an­ by § 1351.408 of Maximum Price Regula­ vised Maximum Price Regulation No. 122. thracite coals. The specific maximum tion 329, as amended, It is hereby ordered, Solid fuels sold and delivered by dealers. prices set forth for Pennsylvania an­ That subparagraphs (10) and (11) of Pennsylvania anthracite delivered by thracite may be increased by the fol­ paragraph (a) and subparagraph (3) of dealers in Middlesex County, State of lowing amounts when the following sizes paragraph (b) be amended and subpara­ New Jersey, Coal Area VH. of named Pennsylvania anthracite coals graph (13) of paragraph (i) be added For the reasons set forth in an opinion are sold; Provided, That the following to read as set forth below: issued simultaneously herewith and in increases may be charged only if the • accordance with §f 1340.260 and 1340.259 conditions set forth in paragraph (b) of (a) * * * (a) (1) of Revised Maximum Price Reg­ Region I Supplementary Order No. 2 (10) Massachusetts Milk Marketing ulation No. 122, it is ordered: under Revised Maximum Price Regula­ Area 6B (the town of Ham pden): (a) What this order does— (1) Deal­ tion No; 122 are observed: ers’ maximum prices; area covered. If you are a dealer in “Pennsylvania an­ Retail Retail Whole­ Amount of addition sale thracite”, this order sets the maximum 1 Milk deliv­ over deliv­ counter ered ered prices which you may charge and, if you Kind and size Per Sio y* 100 are a purchaser in the course of trade net ton lbs. ton $0.16 $0.15 $0.13 or business, this order sets the maximum .075 prices which you may pay for certain .055 Jeddo Highland: .0425 sizes and quantities of “Pennsylvania Egg, stove and chestriut. $0.50 $0.25 $0.10 $0.05 1.25 anthracite” (hereinafter called simply Broken, pea and buck- 5.00 “anthracite”) delivered! to or at any wheat...... 25 .15 .05 None 14.25. Rice...... 15 .10 None None point in State of New Jersey, Coal Area Greenwood: VII. Coal Area V II comprises all of Egg, stove and chestnut.. .50 .25 .10 .05 1 Per cwt. Pea__...... 25 .15 .05 None Middlesex County in the State of New Franklin: Jersey. Broken...... 75 .40 .20 .05 (11) Massachusetts Milk Marketing Egg...... 1.00 .50 .25 .05 Area 6C (the city of Westfield): (2) Schedules of prices, charges and Stove...... 1.25 .65 .30 .05 discounts. The applicable prices, author­ Chestnut...... 30 .15 . 05 None Rice...... 10 .05 None None ized charges, and required discounts, Retail Whole­ from which you shall determine the max­ Milk Retail over sale delivered counter delivered imum prices for designated sizes and 5. Subparagraphs (13) and (14) are quantities of anthracite delivered within added to paragraph (g ), to read as Coal Area vn are set forth in Schedules follows: $0.16 $0.15 $0.13 .075 1 , 1 1 , and 1 1 1 hereafter. .055 (3) To what this order applies. If (13) “Named Pennsylvania anthra­ .0425 cite” means Jeddo Highland, Greenwood 1.25 you are a dealer in anthracite you are 5.00 bound by the prices, charges and dis­ and Franklin. »4 .25 (14) “Franklin” means that Pennsyl­ counts, and by all other provisions of vania anthracite which is prepared at the this order for all deliveries within Coal Williamstown breaker of the Franklin- i Per cwt. Area V II whether or not you are located Lykens Coal Company, Ashland, Penn­ (b) * * * in Coal Area VII. sylvania, and marketed under the trade (3) The above “Wholesale Delivered” (b) What this order prohibits. Re­ gardless of any contract or other obliga­ name “The Only Genuine Franklin Coal sales shall include delivered sales to of Lykens Valley”. tion, you shall not: stores, hotel's, restaurants and institu­ (1) Sell or, in the course of trade or This Amendment No. 1 to Order G-48 tions in any quantity, sales to any person business, buy anthracite of the sizes and shall become effective March 31,1944. in glass or paper containers whose pur­ in the quantities set forth in the sched­ (56 Stat. 23, 765; Pub. Law 151, 78th chases in such containers average not ules herein at prices higher than the Cong.; E.O. 9250, 7 F.R. 7871 and E.O. less than eight quarts per day, and sales maximum prices computed as set forth 9328, 8 F.R. 4681) in any container to an ultimate con­ in paragraph (c) of this order, although sumer whose purchases average not less you may charge, pay or offer less than Issued this 31st day of March 1944. than eight quarts per day. maximum prices. E ld o n C. S hotjp, * ★ * * * (2) Obtain any price higher than the Regional Administrator. (j) * * * applicable maximum price by: [F. R. Doc. 44—4994; Filed, April 7, 1944; (13) Amendment No. 13 shall become (i) Changing the discounts author­ 12:20 p. m.] effective at 12:01 a.m. on April 1,1944. ized herein, or No. 72- 3878 FEDERAL REGISTER, Tuesday, A p ril 11,

Cii) Charging for ahy service rendered In addition, you shall deduct a dis­ the smallest of the sizes so commingled, in connection with the sale or delivery count, of 500 per net ton, on sales and whether the s'ale be a “delivered sale”, of anthracite subject to this order, or deliveries of all sizes except screenings, “yard sale”, or a. “sale of bagged coal”, (iii) Using any tying agreement or to consumers purchasing from one except in the following situation: Where requiring that the buyer purchase any­ dealer, for delivery at one point, a quan­ a purchaser requests that two or more thing in addition to the fuel requested tity of 50 tons or more, within a period sizes of anthracite be commingled in one of twelve months. by him, except that a dealer may com­ delivery, then, and in that event, if these You shall not break up a single order sizes are separately weighed at the point ply with requirements or standards with in an attempt to avoid this discount. of loading, or when bagged, the dealer respect to deliveries which have been You must grant this discount whether may commingle those sizes in the truck or may be issued by an agency of the the purchaser has received 50 tons or or other vehicle, or in the bags, in which United States Government. more pursuant to a single purchase order, the delivery is made. The price for an­ (iv) Using any other device by which or several purchase orders, and whether) thracite so commingled shall be calcu­ a higher price than maximum price is there was delivery at one time or at in­ lated on the basis of the applicable per obtained, directly or indirectly. net ton price or, in the case of bagged tervals of time, the sole basis of the dis­ (c) How to compute maximum prices. coal, on the basis of the applicable bagged count being tiie annual purchase of 50 You must figure your maximum price price, for each size in the combination, tons or more for delivery at one point. as follows: and the invoice shall separately state the You must deduct this discount at or (1) Use the schedule which covers price, so determined, for the quantity of before the delivery of the fiftieth ton and your sale. (Schedule I applies to sales each size in the combination. continue to grant the discount on every (h) Ex Parte 148— Freight Rate In ­ on a “direct delivery” basis. You will subsequent delivery during the same crease. Since the Ex Parte 148 Freight find Schedule I in paragraph (d ). twelve-month period. Rate Increase has been rescinded by the Schedule II applies to “yard sales.” You (e) Schedule I I : “Yard sale s’’. Interstate Commerce Commission, deal­ will find Schedule II in paragraph .(e). Schedule 11 establishes maximum prices ers’ freight rates are the same as those Schedule III applies to sales of bagged for certain sizes of anthracite in certain of December 1941. Therefore, you may coal in 50 lb., 25 and 12 lb. paper bags. specific quantities sold at the dealer’s not increase any Schedule Price on ac­ count of freight rates. You will find Schedule in in para­ y ard ^ (i) Addition of increase in suppliers* graph (f).) - (D For sales of anthracite of the sizes maximum prices prohibited. You may (2) Take the dollars-and-cents figure and in the quantities specified. set forth in the applicable schedule for not increase the specific maximum prices the size and quantity you are selling. established by this order to reflect, in (3) Deduct from that figure the Per 100 lbs. whole or in part, any subsequent increase Per net ton (for sales of amount of the discount which you are re­ to you in your supplier’s maximum price Size (for sales of 100 lbs. or quired to give as specified in the schedule. Y ton or more, but for the same fuel. The specific maxi­ more) less than If the schedule makes no reference to ton) mum prices already reflect increases to any discount, you need give no discount. you in your supplier’s maximum prices occurring up to the effective date of this When a discount is required, you must Broken, egg, stove, nut_____ $11.75 $0.70 state it separately on your invoice. Pea: ” 71____ 1______10.50 .65 order. If increases in your supplier’s (4) If you deliver a fraction of a net Buckwheat _ _ ...... 8.75 .55 maximum prices should occur after such 7.65 .50 ton, even if less than one-half ton, and Screenings...... _. _ ... 2.50 date, as the result of any amendment the applicable schedule provides a dis­ to or revision of a maximum price regu­ count on the basis of one ton or one- lation issued by the Office of Price Ad­ half ton, you shall allow a proportionate (2) Required discounts. You shall de­ ministration governing sales and deliv­ discount, making your calculation to the duct from the prices set forth in this eries made by such suppliers, the Re­ nearest full cent. For example, if you Schedule, on sales and deliveries of all gional Administrator will, if he then are required to deduct 500 per ton for sizes except screenings, a discount of 500 deems it to be warranted, take appro­ cash payment, you shall deduct 380 for per net ton where payment is made priate action to amend this order to re­ three-quarters of a ton and 130 for one- within ten days after delivery. Nothing flect such increases. quarter of a ton. in this sub-paragraph requires you to sell (j) Taxes. If you are a dealer subject (d) Schedule I : “Direct delivery” on other than a cash basis. to this order you may collect, in addition sales. Schedule I establishes maximum (f) Schedule III: “Sales of tagged to the specific maximum prices estab­ prices for certain sizes of anthracite in coal”. Schedule HE establishes maxi­ lished herein, provided you state it sep­ certain specific quantities, delivered to mum prices for sales to dealers and to arately, the tax imposed by Section 620 or at any point within Coal Area VH. consumers of certain sizes of anthracite of the Revenue Act of 1942 if actually (1) For sales of anthracite of the in 50 lb., 25 lb., and 12 lb. paper bags. paid or incurred by you or by any of sizes and in the quantities specified. M aximum Prices Per 60 L b. Paper Bag your prior suppliers and separately stated and collected from you by your Per 100 lbs. Delivered Delivered Sales to supplier. On sales to the United States (for; sales of Size at dealer’s to retail ultimate or any agency thereof, you need not Per net Size Per net 100 lbs. or jrard stores consumers ton Yt ton more but state this tax separately. less than (k) Adjustable pricing. You may not. Y ton) Nut...... $0.37 $0.42 $0.47 make a price adjustable to a maximum Pea______.32 .37 .42 price which will be in effect at some time Broken, egg, stove, nut... $13.76 $7.15 $0.85 after delivery of the anthracite has been Pea______.... 11.95 6.25 ,75 M aximum Prices P er 25 L b. Paper Bag 10.05 5.30 .70 completed; but the price may be adjus­ Bice______8.95 4.75 table to the maximum price in effect at Screenings______4.30 2.15 N ut...... $0.19 $0.21 $0.26 the time of delivery. (l) Petitions for amendment. Any (2) Required discounts. You shall M aximum Prices Per 12 L b, Paper Bag person seeking an amendment of any deduct from the prices set forth above provision of this order may file a peti­ in this Schedule, on sales and deliveries Nut...... $0.095 $0.105 $0.125 tion for amendment in accordance with of all sizes except screenings, a discount the provisions of Revised Procedural Regulation No. 1, except that the peti­ of 500 per net ton and 250 per net y2 (g) Commingling. If one size of an­ tion shall be filed with the Regional Ad­ ton, where payment is made within ten thracite is sold commingled with another ministrator and acted upon by him. days after delivery. Nothing in this size of anthracite, the maximum price (m) Right of amendment or revoca­ sub-paragraph requires you to sell on for the combination shall be the maxi­ tion. The Regional Administrator or the other than a cash basis. mum price established in this order for Price Administrator may amend, revoke FEDERAL REGISTER, Tuesday April 11, 1944 3879

or rescind this order, or any provision divisions, or any agency or any of the (Pub. Laws 421 and 729, 77th Cong.; E.O. thereof, at any time, foregoing. 9250, 7 P R. 7871, E.O. 9328, 8 P.R. 4681) (n) Applicability of other regulations. (2) "Sell” includes sell, supply, dispose, Issued this 8th day of December 1943. barter, exchange, lease, transfer, and de­ If you are a dealer subject to this order, D a n ie l P. W o o l l e y , liver, and contracts and offers to do any you are governed by the licensing pro­ Regional Administrator. visions of Licensing Order 1. Licensing of the foregoing. The terms “sale,” “sell­ Order 1 provides, in brief, that a license ing,” “sold,” “seller,” “buy,” “purchase” [F. R. Doc. 44-4991; Filed, April 7, 1944; is required of all persons making sales and “purchaser” shall be construed ac­ 12:19 p. m.] for which maximum prices are estab­ cordingly. lished. A license is automatically (3) “Dealer” means any person selling granted. It is not necessary to apply anthracite of the sizes set forth in the [Region II Rev. Order G - l l Under RMPR 122] for the license. The license may be sus­ Schedules herein, and does not include a P ennsylvania A n t h r a c ite i n H u d s o n pended for violations in connection with producer or distributor making sales at C o u n t y , N. J. the sale of any commodity for which or from a mine, a preparation plant op­ Revised Order No. G - l l under maximum prices are established. If erated as an adjunct of any mine, or a §§ 1340.260 and 1340.259 (a) (1) of Re­ your license is suspended, you may not briquette plant. vised Maximum Price Regulation No. sell any such commodity during the (4) “Pennsylvania anthracite” means 122. Solid fuels sold and delivered by period of suspension. all coal produced in the Lehigh, Schuyl­ dealers. Pennsylvania anthracite de­ (o) Records. If you are a dealer sub­ kill and Wyoming regions in the Com­ livered by dealers in that portion of Hud­ ject to this order, you shall reserve, keep, monwealth of Pennsylvania. son County east of Hackensack River, and make available for examination by (5) The sizes of Pennsylvania anthra­ State of New Jersey, Coal Area n . the Office of Price Administration a rec­ cite described as broken, egg, stove, nut, For the reasons set forth in an opinion ord of every sale of anthracite here­ pea, buckwheat, rice, and screenings shall issued simultaneously herewith and under, showing the date, the name and refer to such sizes of anthra^te as they under the authority vested in the Re­ address of the buyer, if known, the per were sold and designated in the State of gional Administrator of the Office of net ton price charged, and the solid fuel New Jersey— Coal Area VII, during De­ Price Administration by §§ 1340.260 and sold. The solid fuel shall be identified cember 1941. 1340.259 (a) (1) of Revised Maximum in the manner in which it is described in ( 6) “Direct delivery” means delivery to Price Regulation No. 122, it is ordered: the order. The record shall also state the buyer’s bin or storage space. (a) What this order does— (1) Deal­ separately each service rendered and the (7) “Yard sales” means sales accom­ ers’ maximum prices; area covered. If charge nade for it. panied by physical transfer to the buy­ you are a dealer in “Pennsylvania an­ (p) Posting of maximum prices: sales er’s truck or vehicle at the yard, dock, thracite”, this order fixes the maximum slips and receipts. (1) If you are a barge, car, or at a place of business of the seller other than at seller’s truck or prices which you may charge, and if you dealer subject to this order, you shall are a purchaser in the course of trade or vehicle. post all your maximum prices as set forth business, this order fixes the maximum in the applicable schedule or schedules of (8) “Delivered at dealer’s yard” as ap­ plied to sales of bagged coal in 50 lb., 25 prices which you may pay, for certain this order in your place of business in a sizes and quantities of “Pennsylvania an­ manner plainly visible to and under­ lb., and 12 lb. paper bags, means physical transfer at the dealer’s yard to the pur­ thracite” (hereinafter called simply “an­ standable by the purchasing public. thracite”) delivered to or at any point in (2) If you sell subject to this order, you chaser’s truck or other vehicle. (9) “Delivered to retail stores” as ap­ Coal Area II. Coal Area II includes all shall, except for a sale of less than one- of Hudson County in the State of New half ton, give each purchaser a sales plied to sales of bagged coal in 50 lb., 25 lb., or 12 lb. bags, means deposit in that Jersey east of the Hackensack River. or receipt showing your name and ad­ (2) Schedules of prices, charges and part of the store designated by the pur­ dress, the kind, size, and quantity of the discounts. The applicable prices and re­ anthracite sold to him, the date of the chaser. (10) “Sales to ultimate consumers” as quired discounts, from which you shall sale or delivery and the price charged, determine the maximum prices for des­ separately stating the amount, if any, of applied to bagged coal in 50 lb., 25 lb., or 12 lb. bags, means sales by dealers other ignated sizes and quantities of anthracite the required discounts which must be de­ delivered within Coal Area H, are set ducted from, and the authorized service than sales at the dealer’s yard, whether or not delivered to the consumer’s forth in Schedules I, II, and III hereafter. charges and the taxes, which may be (3) To what sales this order applies. added to, the maximum prices set hereby. premises. (11) Except as otherwise provided If you are a dealer in anthracite, you are In the case of all other sales, you shall bound by the prices and discounts, and give each purchaser a sales slip or receipt herein, or as the context may otherwise require, the definitions set forth in by all other provisions of this order for containing the information described in all deliveries within Coal Area II, whether the foregoing paragraph, if requested by §§ 1340.255 and 1340.266 pf Revised Maxi­ mum Price Regulation 122 shall apply or not you are located in Coal Area II. such purchase or if, during December (b) What this order prohibits. Re­ 1941, you customarily gave purchasers to terms used herein. (s) Effect of order on Revised Maxi­ gardless of any contract or other obliga­ such sales slips or receipts. tions, you shall not: (q) Enforcement. (1) Persons vio­ mum Price Regulation No. 122. To the extent applicable this order supersedes (1) Sell or, in the course of trade or lating any provision of this order are business, buy anthracite of the sizes and Revised Maximum Price Regulation subject to civil and criminal penalties, in the quantities set forth in the sched­ No. 122. including suits for treble damages, pro­ ules herein, at prices higher than the (t) Effect of order on Revised Order vided for by the Emergency Price Control maximum prices computed as set forth No. G -l and on Order No. G-23. Order Act of 1942, as amended. in paragraph (c) of this order, although No. G - l under Revised Maximum Price (2) Persons who have any evidence of you may charge, pay, or offer less than Regulation No. 122, as issued on Sep­ any violation of this order are urged to maximum prices. communicate with the Trenton District tember 13,1943, is hereby revoked in full (2) Obtain any price higher than the Office of the Office of Price Administra­ as of the effective date of this order. applicable maximum price by: tion or with the Price Panel of the appro­ This order also supersedes Order No. (i) Changing the discounts authorized priate W ar Price and Rationing Board. G-23 issued under that regulation on herein, or (r) Definitions and explanations. November 24, 1943, to the extent that (ii) Charging for any service rendered When used in this Revised Order No. G -l, Order No. G-23 was applicable to Revised in connection with the sale or delivery the term: Order No. G -l. of anthracite subject to this order, or (1) “Person” includes an individual, (iii) Using any tying agreement or re­ corporation, partnership, association, or N o t e : The record keeping requirements of this order have been approved by the quiring that the buyer purchase anything any other organized group of persons, or Bureau of the Budget in accordance with in addition to the fuel requested by him, legal successor or representative of the the Federal Reports Act of 1942. except that the dealer may comply with foregoing, and includes the United States requirements or standards with respect or any agency thereof, or any other gov­ This second Revised Order No. G - l ernment, or any of its political sub­ shall become effective December 9, 1943. to deliveries which have been or may 3880 FEDERAL REGISTER, Tuesday, A p r i l 11, 1944

be Issued by an agency of the United (2) Required discounts, (i) You shall •(g) Commingling. If you sell one size States Government. deduct from the prices set forth above in of anthracite commingled with another (iv) Using any other device by which athis schedule, on sales and deliveries of size of anthracite, your maximum price higher than the applicable maximum all sizes except screenings, a discount for the combination shall be the maxi­ price is maintained, directly or indirectly. of 500 per net ton and 250 per net half mum price established in this order for (c) How to compute maximum prices. ton, where payment is made on delivery. the smallest of the sizes so commingled, You must figure your maximum price as Nothing in this sub-paragraph requires except in the following situation. Where follows: you to sell on other than a cash basis. a purchaser requests that two or more (1) Use the schedule which covers your (ii) In addition, you shall deduct a sizes of anthracite be commingled in one sale. (Schedule I applies to “direct-de­ discount of 750 per net ton, on sales and delivery, then, and in that event, if those livery” sales of anthracite. You will find deliveries of all sizes except screenings, sizes are separately weighed at the point Schedule I in paragraph (d ). Schedule to consumers purchasing from one of leading, or when bagged, the dealer II applies to “yard sales”. You will find dealer, for delivery at one point, a quan­ may commingle those sizes in the truck Schedule II in paragraph (e ). Schedule tity of 50 tons or more, within a period or other vehicle, or in the bags, in which m applies to sales of bagged coal in 50 of twelve months. the anthracite is sold. The price for lb., 25 lb., and 12 lb. paper bags. You You shall not break up a single order anthracite so. commingled shall be cal­ will find Schedule III in paragraph ( f ).) in an attempt to avoid this discount. culated on the basis of the applicable per (2) For “direct-delivery” sales, (i) You must grant this discount whether net ton price, or, in the case of bagged Take the dollar-araft-cents figure given the purchaser has received 50 tons or coal, on the basis of the applicable in the applicable Schedule for the size more pursuant to a single purchase order, bagged price, for each size in the com­ and quantity you afre selling. or several purchase orders, and whether bination, and the invoice shall separately (ii) Deduct from this figure the there was delivery at one time or at In­ state the price, so determined, for the amount of the discount which you are tervals of time, the sole basis of the dis­ quantity of each size in the combination. required to give as specified in the count being the annual purchase of 50 (h) Ex parte 148 freight rate increase. schedule. (You will find discounts Since the Ex Parte 148 freight rate in­ tons or more for delivery at one point. stated in paragraph (d) (2).) If the crease has been rescinded by the Inter­ You must deduct this discount at or schedule makes no reference to any dis­ state Commerce Commission, dealers’ count, you need give no discount. before the delivery of the 50th ton and freight rates are the same as those of Where a discount is required, you must continue to grant the discount on every December 1941. Therefore, you may not state it separately on your invoice. subsequent delivery during the same increase any schedule price on account (iii) If you deliver a fraction of a twelve-month period. of freight rates. net ton, even if less than one-half ton, (e) Schedule I I : “Yard sales”. (1) (i) Addition of increase in suppliers’ and the applicable schedule provides a Maximum prices for certain sizes of an­ maximum price prohibited. You may discount on the basis of one ton or one- thracite sold at the dealer’s “yard” not increase the specific maximum prices half ton, you shall allow a proportion­ within Coal Area II. established by this order to reflect, in ate discount, making your calculation whole or in part, any subsequent increase to the nearest full cent. For example, to you in your supplier’s maximum price if you are required to deduct 500 per Per net Per 100 lbs. for 100 ton for for the same fuel. The specific maxi­ ton for cash payment, you shall deduct lbs. or more, but Size sales of less than one-half mum prices already reflect increases to 380 for three-quarters of a ton and 130 Yt ton or ton more you in your supplier’s maximum prices for one-quarter of a ton. occurring up to the effective date of this (iv) You shall not impose any; charges Con­ order. If increases in your supplier’s with respect to such sales. Dealers sumers maximum prices should occur after such (3) For “yard sales”, (i) The dol- Broken, egg, stove, nut. $11.75 $0.62 $0.70 date, as the result of any amendment to lars-and-cents figure set forth in the 10.20 .55 .60 7.80 .45 .55 or revision of a maximum price regula­ applicable schedule for the sizes and 6.95 tion issued by the Office of Price Admin­ quantities specified shall be the maxi­ 5.70 2.55 istration governing sales and deliveries mum price for sales of those sizes and made by such suppliers, the Regional Ad­ in those quantities at the yard. You ministrator will, if he then deems it shall not impose any charge, and you (f) Schedule III. Schedule III estab­ to be warranted, take appropirate action are required to give no discounts, in lishes maximum prices for sales to deal­ to amend this order to reflect such in­ connection with such sales. ers and to consumers within'Coal Area creases. (4) For “sales in 50 lb., 25 lb., and 12 n of the specified size of anthracite in (j) Taxes. If you are a dealer subject lb. paper bags”, (i) The dollars-and- 50 lb., 25 lb., and 12 lb. paper bags. to this order you may collect, in addition cents figure set forth in the applicable (1) Maximum price per 50 lb. paper to the specific maximum prices estab­ schedule for the size of anthracite and bag. lished herein, provided you state it sepa­ type of sale there specified, shall be rately, the amount of the Federal tax the maximum price. You shall not im­ Delivered Delivered Sales tp upon the transportation of property im­ pose any charges, and you are required Size at dealer’s to retail ultimate posed by section 620 of the Revenue Act to give no discounts, in connection with yard stores consumer of 1942 actually paid or incurred by you, such sales. • or an amount equal to the amount of (d ) Schedule I : Sales on a “direct- Nut...... $0.38 $0.42 $0.52 such tax paid by any of your prior sup­ delivery” basis. Schedule I establishes pliers and separately stated and collected maximum prices for certain sizes of an­ (2) Maximum price per 25 lb. paper from you by the supplier from whom you thracite in certain specific quantities, bag. purchased. On sales to the United delivered to or at any point within Coal States or any agency thereof, you need Area II. not state this tax separately. For con­ (1) For sales of anthracite of the sizes Delivered Delivered Sales to Size at dealer’s to retail ultimato venience, in billing, you may use on your and in the quantities specified. yard stores consumer invoice a rubber stamp reading: “Above price includes Federal Transportation Per 100 lbs. N u t______$0.19 $0.21 $0.26 Tax of 40 per ton.” for sales of 100 lbs. or (k) Adjustable pricing. You may not Per net Per net Size ton H ton more, bat make a price adjustable to a maximum less than (3) Maximum price per 12 lb. paper price which will be in effect at some time one-half bag. ton after delivery of the anthracite has been completed; but the price may be adjust­ Broken, egg, stove, nut... $14.75 $7.65 $0.85 Delivered Delivered Sales to able to the maximum price in effect at 13.20 6.85 .75 Size at dealer’s to retail ultimate the time of delivery. 10.65 5.55 .70 yard stores consumer 9.45 6.00 (l) Petitions for amendment.- Any 8.20 4.35 4.50 ¿25 N u t....______$0.095 $0.105 $0.125 person seeking an amendment of any provision of this order may file a peti- FEDERAL REGISTER, Tuesday A p ril 11, 1944 3881 tion for amendment in accordance with (r) Definitions and explanations. (t) Effect of Order No. G -t l as orig­ the provisions of Revised Procedural When used in this Order No. G -ll, the inally issued and on Order No. G-23. Regulation No. 1, except that the peti­ term: Order No. G - l l under Revised Maximum tion'shall be filed with the Regional Ad­ (1) “Person” includes an individual, Price Regulation No. 122, as issued on ministrator and acted upon by him. corporation, partnership, association, or August 16,1943, is hereby revoked in full (m) Right of amendment or revoca­ any other organized group of persons, or as of the effective date of this order. tion. The Regional Administrator or the legal successor or representative of any This order also supersedes Order No. Price Administrator may amend, revoke of the foregoing, and includes the United G-23 issued under that regulation on or rescind this order, or any provision States or any agency thereof, or any November 24, 1943, to the extent that thereof, at any time. other government, or any of its political Order No. G-23 was applicable to Order (n) Applicability of other regulations. subdivisions, or any agency of any of the No. G -ll. If you are a dealer subject to this order, foregoing. Effective date. This revised order shall you are governed by the licensing pro­ (2) “Sell” includes sell, supply, dis­ become effective December 8,1943. visions of Licensing Order 1. Licensing pose, barter, exchange, lease, transfer, N ote: The record keeping requirements of Order 1 provides, in brief, that a license and delivery, and contracts and offers this order have been approved by the Bureau is required of all persons making sales to do any of the foregoing. The terms of the Budget in accordance with the Federal for witch maximum prices are estab­ “sale”, “selling”, “sold”, “seller”, “buy”, Reports Act of 1942. lished. A license is automatically “purchase” and “purchaser’ shall be (Pub. Laws 421 and 729, 77th Cong.; E.O. granted. It is not necessary to apply for construed accordingly. 9250, 7 F.R. 7871; E.O. 9328, 8 P.R. 4681) the license. The license may be sus­ (3) “Dealer” means any person selling pended for violations in connection with anthracite of the sizes set forth in the Issued this 6th day of December 1943. the sale of any commodity for which schedules herein, and does not include D a n ie l P . W o o l l e y , maximum prices are established. If your a producer or distributor making sales Regional Administrator. license is suspended, you may not sell any at or from a mine, a preparation plant such commodity during the period of [F. R. Doc. 44-4993; Filed, April 7, 1944; operated as an adjunct of any mine, or 12:19 p. m.] suspension. a briquette plant. (o) Records. If you are a dealer sub­ (4) “Pennsylvania anthracite” means ject to this order, you shall preserve, all coal produced in the Lehigh, Schuyl­ [Region II Rev. Order G-13 Under RMPR 122] keep, and make available for examina­ kill and Wyoming regions in the State P ennsylvania A n t h r a c it e i n B radford tion by the Office of Price Administra­ of Pennsylvania. C o u n t y , P a . tion, a record of every sale of anthracite (5) The sizes of “Pennsylvania an­ • hereunder, showing the date, the name thracite” described as broken, egg, stove, Revised Order No. G-13 under and address of the buyer, if known, the nut, pea, buckwheat, rice, barley and §§ 1340.259 (a) (1) and 1340.260 of Re­ per net ton price charged, and the solid screenings shall refer to the same sizes vised Maximum Price Regulation No. fuel sold. The solid fuel shall be identi­ of the same fuel as were sold and de­ 122. Solid fuels sold and delivered by fied in the manner in which it is de­ livered in the State of New Jersey, Coal dealers. Pennsylvania anthracite deliv­ scribed in the order. The record shall Area n , with such designation during ered by dealers in Bradford County Com­ also state separately each service ren­ December 1941. monwealth of Pennsylvania, Coal Area dered and the charge made for it. IV. . (6) “Coal Area II” includes that por­ (p) Posting of maximum prices; sales For the reasons set forth in an opinion tion of Hudson County in the State of issued simultaneously herewith and in slips and receipts. (1) If you are a New Jersey which lies east of the Hack­ accordance with §§ 1340.260 and 1340.259 dealer subject to this order, you shall ensack River. post all your maximum prices (as set (a) (1) of Revised Maximum Price Reg­ (7) “Direot-delivery” means delivery forth in the applicable schedule or sched­ ulation No. 122, it is ordered: to the buyer’s bin or storage space. ules of this order) in your place of busi­ (a) What this order does— (1) Deal­ ness in a manner plainly visible to and (8) “Yard sales” means sales accom­ ers’ maximum prices; area covered. If understandable by the purchasing public. panied by physical transfer to the buy­ you are a dealer in “Pennsylvania an­ (2) If you are a dealer subject to this er’s truck or vehicle at the yard, dock, thracite”, this order sets the maximum order, you shall, except for a sale of less barge,’ car, or at a place of business of prices which you may charge and, if you than one-half ton, give each purchaser the seller other than at seller’s truck are a purchaser in the course of trade or a sales slip or receipt showing your name or vehicle. business, this order sets the maximum and address, the kind, size, and quantity (9) “Delivered at dealer’s yard” as ap­ prices which you may pay for certain of anthracite sold to him, the date of the plied to sales of bagged coal in 50 lb., sizes and quantities of “Pennsylvania sale or delivery and the price charged, 25 lb., and 12 lb. paper bags, means anthracite” (hereinafter called simply separately stating the amount, if any, physical transfer at the dealer’s yard to “anthracite”) delivered to or at any of the required discounts which must be the purchaser’s truck or other vehicle. point in Commonwealth of Pennsylvania, deducted from, and the taxes, which may (10) “Delivered to retail stores” as ap­ Coal Area IV. Coal Area IV comprises be added to, the specific maximum prices plied to sales of bagged coal in 50 lb., 25 all of Bradford County in the Common­ prescribed herein. lb., and 12 lb. paper bags, means deposit wealth of Pennsylvania. In the case of all other sales, you shall in that part of the store designated by (2) Schedules of prices, charges and give each purchaser a sales slip or re­ the purchaser. discounts. The applicable prices, au­ ceipt containing the information de­ (11) “Sales to ultimate consumer” as thorized charges, and required discounts, scribed in the foregoing paragraph, if applied to bagged coal in 50 lb., 25 lb., from which you shall determine the requested by such purchaser, or if, during and 12 lb. paper bags, means sales by maximum prices for designated sizes and December 1941, you customarily gave dealers, other than sales at a dealer’s quantities of anthracite delivered with­ purchasers such sales slips or receipts. yard whether or not delivered to the in Coal Area IV are set forth in Sched­ (q) Enforcement. (1) Persons violat­ consumer’s premises. ules I and H hereafter. ing any provision of this order are subject (12) Except as otherwise provided (3) To what this order applies. If to civil and criminal penalties, including herein, or as the context may otherwise you are a dealer in anthracite you are suits for treble damages, provided for by require, the definitions set forth in bound by the prices, charges and dis­ the Emergency Price Control Act of 1942, §§ 1340.255 and 1340.266 of Revised M ax­ counts, and by all other provisions of this as amended. imum Price Regulation 122 shall apply to order for all deliveries within Coal Area (2) Persons who have any evidence of terms used herein. TV whether or not you are located in any violation of this order are urged to (s) Effect of order on Revised Maxi­ Coal Area TV. communicate with the Newark District mum Price Regulation No. 122. This dr- (b) What this order prohibits. Re­ Office of the Office of Price Administra­ der shall supersede Revised Maximum gardless of any contract or other obli­ tion, or with the Price Panel of the ap­ Price Regulation No. 122, except as to any gation, you shall not: propriate War Price and Rationing sales or deliveries of solid fuels not spe­ (1) Sell or, in the course of trade or Board. cifically subject to this order. business, buy anthracite of the sizes 3882 FEDERAL REGISTER, Tuesday, A p ril 11, 1944

and in the quantities set forth in the (2) Maximum authorized service. (g) Ex Parte 148 freight rate in­ schedules herein at prices higher than Charges. crease. Since the Ex Parte 148 freight the maximum prices computed as set Special service ren­ rate increase has been rescinded by the forth in paragraph (c) of this order,, dered at the re­ Interstate Commerce Commission, deal­ although you may charge, pay or offer quest of the pur­ ers’ freight rates are the same as those less than maximum prices. chaser: of December 1941. Therefore, you may (2) Obtain any price higher than the “Carry” or “wheel” 500 pey net ton and not increase any schedule price on ac­ applicable maximum price by: (except for sales 800 per net % ton. count of freight rates. (i) Charging for any service which is in 100 lb. lots, (h ) Addition of increase in suppliers’ a m o u n ting to not expressly requested by the buyer, or less than, one- maximum prices prohibited. You may (ii) Charging for any service for half to n ). not increase the specific maximum prices which a charge is not specifically author­ Carrying upstairs, 750 per net ton. established by this order to reflect, in ized by this order, or for one full floor whole or in part, any subsequent in­ (iii) Charging a price for any service above the crease to you in your supplier’s maxi­ higher than the schedule price for such ground floor mum price for the same fuel. The spe­ service, or (except for cific maximum prices already reflect in­ sales in 100 lb. (iv) Using any tying agreement or lots, amounting creases to you in your supplier’s maxi­ requiring that the buyer purchase any­ to less than one- mum prices occurring up to the effective thing in addition to the fuel requested half ton). This . date of this order. If increases in your by him, except that a dealer may comply charge shall be Supplier’s maximum prices should occur with requirements or standards with re­ in addition to after such date, as the result of any spect to deliveries which have been or any charge for amendment to or revision of a maximum may be issued by an agency of the United “c a r r y” or price regulation issued by the Office of “wheel”. States Government. Carrying upstairs $1.10 per net ton. Price Administration governing sales (v) Using any other device by which f o r t w o full and deliveries made by such suppliers, a higher price than maximum price is flodrs above the the Regional Administrator will, if he obtained, directly or indirectly. ground floor then deems it to be warranted, take ap­ (c) How to compute maximum prices. (except for propriate action to amend this order to You must figure your maximum price as sales in 100 lb. reflect such increases. lots, amounting follows: (i) Taxes. If you are a dealer subject to less than one- to this order you may collect, in addition ( 1 ) Use the schedule which covers * half ton). This your sale. (Schedule I applies to sales charge shall be to the specific maximum prices estab­ on a “direct delivery” basis. You will in addition to lished herein, provided you state it sepa­ find Schedule I in paragraph (d ) . Sched­ any charge for rately, the tax imposed by section 620 ule II applies to “yard sales”. You will “ carry” or of the Revenue Act of 1942 if actually find Schedule n in paragraph (e ). “wheel”. paid or incurred by you or by any of (2) Take the dollars-and-eents figure (e) Schedule II: "Yard sales’ your prior suppliers and separately stated set forth in the applicable schedule for Schedule II establishes maximum prices and collected frqm you by your supplier. the size and quantity you are selling. for certain sizes of anthracite in certain On sales to the United States or any (3) If, at your purchaser’s request, you specific quantities sold at the dealer’s agency thereof, you need not state this actually render him a service for which yard. tax separately. (j) Adjustable pricing. You may not this order authorizes a charge, you may Fob Bales or A nthracite or the Sizes and m the add to the foregoing figure no more than Quantities Specified make a price adjustable to a maximum the maximum authorized service charge. price which will be in effect at some time You must state that charge separately on Per 100 after delivery of the anthracite has been your invoice. The only authorized serv­ Per net lbs. for Per Per completed; but the price may be adjust­ ton, for 100 lbs. 50 25 ice charges are those provided for sales Size sales of or more lb. lb. able to the maximum price in effect at under Schedule I. ton or but less paper paper the time of delivery. more than bag bag (4) If you deliver a fraction of a net • ton (k) Petitions for amendment. Any ton, but not less than one-half ton, you person seeking an amendment of any provision of this order may file a peti­ shall add no more than a proportionate Broken, egg, stove, service charge, based on the per net ton $11.75 $0.70 $0.37 $0.21 tion for amendment in accordance with charge, making your calculation to the 10.40 .60 .32. the provisions of Revised Procedural 8.40 .50 nearest full cent. For example, if the 7.20 Regulation No. 1 , except that the peti­ transaction permits a service charge of 2.50 tion shall be filed with the Regional Ad­ 500 per ton, you shall not add more than ministrator and acted upon by him. (l) Right of amendment or revocation. 880 for performance of that service in (f) Commingling. If one size of an­ The Regional Administrator or the Price connection with the delivery of three- thracite is sold commingled with another Administrator may amend, revoke or size of anthracite, the maximum price quarters of a ton. rescind this order, or any provision (d) Schedule I : "Direct delivery” sales. for the combination shall be the maxi­ thereof, at any time. Schedule I established maximum prices mum price established in this order for (m) Applicability of other regulations. the smallest of the sizes so commingled, for certain sizes of anthracite in cer­ If you are a dealer subject to this order, tain specific quantities, delivered to or whether the sale be a “delivered sale” or you are governed by the licensing provi­ “yard sale”, except in the following sit­ at any point within Coal Area IV. sions of Licensing Order 1 . Licensing uation: Where a purchaser requests that (1) For sales of anthracite of the sizes Order 1 provides, in brief, that a license two or more sizes of anthracite be com­ and in the quantities specified. is required of all persons making sales mingled in one delivery, then, and in for which maximum prices are estab­ that event, if these sizes are separately lished. A license is automatically Per 100 lbs. weighed at the point of loading, the granted. It is not necessary to apply for (for sales of dealer may commingle those sizes in the Size Per net Per net 100 lbs. or the license. The license may be sus­ ton J4 ton more but truck or other vehicle, in which the de­ pended for violations in connection with less than livery is made. The price for anthracite Yt ton). the sale of any commodity for which so commingled shall be calculated on maximum prices are established. If the. basis of the applicable per net ton Broken, egg, stove, nut... $12.25 $6.40 $0.85 your license is suspended, you may not 10.90 6.70 .76 price for each size in the combination, sell any such commodity during the Buckwheat. .. . ___ _ 8.90 4.70 .65 and the invoice shall separately state the Rice______7.70- 4.10 period of suspension. Screenings______3.50 1.75 price, so determined, for the quantity of (n) Records. If you are a dealer sub­ each size in the combination. ject to this order, you shall preserve, FEDERAL REGISTER, Tuesday, A p rü 11, 1944 3883 keep, and make available for examina­ producer or distributor making sales at (Pub. Laws 421 and 729, 77th Cong.; E.O. tion by the Office of Price Administra­ or from a mine, a preparation plant op­ 9250, 7 F.R. 7871, E.O. 9328, 8 F.R. 4681) tion, a record of every sale of anthracite erated as an adjunct of any mine, or a Issued this 8th day of December 1943. hereunder, showing the date, the name briquette plant. D a n ie l P. W o o l l e y , and address of the buyer, if known, the (4) “Pennsylvania anthracite” means Regional Administrator. per net ton price charged, and the solid all coal produced in the Lehigh, Schuyl­ fuel sold. The solid fuel shall be iden­ kill and Wyoming regions in the Com­ [F. R. Doc. 44-4995; Filed, April 7, 1944; tified in the manner in which it is de­ monwealth of Pennsylvania. 12:20 p. m.] scribed in the order. The record shall (5) The sizes of Pennsylvania anthra­ also'state separately each service ren­ cite described as broken, egg, stove, nut, [Region II G-22 Under RMPR 122] dered and the charge made for it. pea, buckwheat, rice, and screenings (0) Posting of maximum prices; shall refer to the same sizes of the same P ennsylvania A n t h r a c ite i n D esignated sales slips and receipts. (1) If you are fuel as were sold and delivered in the C o u n t ie s i n P ennsylvania a dealer subject to this order, you shall Commonwealth of Pennsylvania, Coal Order No. G-22 under §§ 1340.260 and post all your maximum prices as set Area IV, with such designation during 1340.259 (a) (1) of Revised Maximum forth in the applicable schedule or December 1941. Price Regulation No. 122. Solid fuels schedules of this order in your place ( 6) “Direct delivery”, except with re­ sold and delivered by dealers. Pennsyl­ spect to sales in 100 lb. lots, means de­ of business in a manner plainly visible vania anthracite delivered by dealers in to and understandable by the purchas­ livery to the buyer’s bin or storage space Lancaster, Lebanon, Berks, Lehigh and ing public. by dumping or chuting directly from the Northampton Counties, Commonwealth (2) If you sell subject to this order, seller’s truck or vehicle or, where such of Pennsylvania, Coal Area V. you shall, except for a sale of less than delivery to the buyer’s bin or storage For the reasons set forth in an opinion one-half ton, give each purchaser a space is physically impossible, by dis­ issued simultaneously herewith and un-. sales slip or receipt showing your name charging at the point nearest and most der the authority vested in the Regional and address, the kind, size, and quantity accessible to the buyer’s bin or storage Administrator of the Office of Price Ad­ of the anthracite sold to him, the date space and at Which the coal can be dis­ ministration by §§ 1340.260 and 1340.259 of the sale or delivery and the price charged directly from the seller’s truck. (a) (1) of Revised Maximum Price Reg­ charged, separately stating the amount, “Direct delivery” in 100 lb. lots shall ulation No. 122, it is hereby ordered: if any, of the required discounts which (a) What this order does— (1) Dealers’ mean depositing in buyer’s bin or other must be deducted from, and the author­ maximum prices, area covered. If you storage space designated by buyer. ized service charges and the taxes, which are a dealer in “Pennsylvania anthra­ may be added, to the maximum prices (7) “Carry” and “wheel” refer to the cite”, this order fixes the maximum prices set hereby. movement of coal to buyer’s bin or stor­ which you may charge, and if you are a In the case of all other sales, you shaM age space in baskets or other containers, purchaser in the course of trade or busi­ give each purchaser a sales slip or re­ or by wheelbarrow or barrel, from seller’s ness, this order fixes the maximum prices ceipt containing the information de­ truck or vehicle, or from the point near­ which you may pay, for certain sizes and scribed in the foregoing paragraph, if est and most accessible to the buyer’s bin quantities of “Pennsylvania anthracite” requested by such purchaser or if, dur­ or storage space at which the coal is dis­ (hereinafter called simply “anthracite”) ing December 1941, you customarily gave charged from seller’s truck in the course delivered to or at any point in the zones purchasers such sales slips or receipts. of “direct delivery”. comprising Commonwealth of Pennsyl­ (p) Enforcement. (1) Persons vio­ (8) “Yard sales” means sales accom­ vania, Coal Area V. That area consists lating any provision of this order are of five zones, as follows: panied by physical transfer to the buy­ subject to civil and criminal penalties, er’s truck or vehicle at the yard, dock, Zone 1. Zone 1 includes all of Lancaster including suits for treble damages, pro­ County. vided for by the Emergency Price Con­ barge, car, or at a place of business of Zone 2. Zone 2 includes all of Lebanon trol Act of 1942, as amended. the seller other than at seller’s truck or County. (2) Persons who have any evidence vehicle. Zone 3. Zone 3 includes all of Berks County. of any violation of this order are urged (9) Except as otherwise provided Zone 4. Zone 4 includes all of Lehigh to communicate with the Williamsport herein, or as the context may otherwise County except the City of Beth­ lehem and the Borough of Foun­ District Office of the Office of Price Ad­ require, the definitions set forth in tain Hill. ministration or with the Price Panel of §§ 1340.255 and 1340.266 of Revised M ax­ Zone 5. Zone 5 includes all of Northampton the appropriate W ar Price and Ration­ imum .Price Regulation No, 122 shall County including the Borough ing Board. apply to terms used herein. of Fountain Hill and that por­ (q) Definitions and explanations. tion of the City of Bethlehem (r) Effect of order on Revised Maxi­ which lies in Lehigh County. When used in this Order No. G-13, the mum Price Regulation No. 122. To the term: extent applicable this order supersedes (2) Schedules of prices, charges and (1) “Person” includes an individual, discounts. The applicable prices, author­ Revised Maximum Price Regulation No. corporation, partnership, association, or ized charges, and required discounts, 122. from which you shall determine the max­ any other organized group of persons, or (s) Effect of order on Order No. G-13 imum prices for designated sizes and legal successor 'or representative of the as originally issued and on Order No. foregoing, and includes the United States quantities of anthracite delivered within G-23. Order No. G-13 under Revised Zones 1, 2, 3, 4, and 5 are set forth in or any agency thereof, or any other gov­ Maximum Price Regulation No. 122, as ernment, or any of its political sub-divi­ Schedules I, II, III, IV, and V respectively. issued on September 20, 1943, is hereby (3i To what sales this order applies. sions, or any agency or any of the fore­ revoked in full as of the effective date If you are a dealer in anthracite you are going. of this order. This order also super­ bound by the prices, charges and dis­ (2) “Sell” includes sell, supply, dispose, sedes Order No. G-23 issued under that counts, and by all other provisions of this barter, exchange, lease, transfer, and regulation on November 24, 1943, to the order for all deliveries within Zones 1, deliver, and contracts and offers to do extent that Order No. G-23 was appli­ 2, 3, 4, and 5. any of the foregoing. The terms “sale”, cable to Order No. G-13. You shall determine the maximum “selling”, “sold”, “seller”, “buy”, “pur­ This Revised Order No. G-13 shall price for “direct-delivery” sales, as here­ chase”, and “purchaser” shall be con­ become effective December 9, 1943. inafter defined, by reference to the ap­ propriate Schedule of this order covering strued accordingly. N o t e : The record keeping requirements (3) “Dealer” means any person selling of this order have been approved by the the zone to which delivery is made, anthracite of the sizes set forth in the Bureau of the Budget in accordance with whether or not you are located in one of schedules herein, and does not include a the Federal Reports Act of 1942. the five zones. 3884 FEDERAL REGISTER, Tuesday, A p rU 11,1944

You shall determine your maximum- (1) Sales on a “direct-delivery” basis. Required discounts. You shall deduct price for a “yard” sale, as hereinafter de­ from the prices set forth in table ( 1 ) of F ob Sales or A nthracite of the Sizes and in the fined, by reference to the appropriate Quantities Specified this schedule, on sales and deliveries of schedule of this order covering the zone all sizes except screenings, in quantities in which the purchaser takes physical Per 100 lbs. of one ton or more, the following dis­ possession or custody of the anthracite. Per Per for sales of counts for the sizes designated where Per net 100 lbs. or (b) What this order prohibits. Re­ Size net net payment is made within ten days after X more but ton X ton delivery: gardless of any contract or other obliga­ ton less than X ton tion, you shall not: Required Discounts ( Cents per Net Ton) (1) Sell or, in the course of trade or business, buy anthracite of the sizes and Broken, egg, stove, Size: $12.80 $6.65 $3.45 $0.80 Broken, egg, stove, nut and pea______50 in the quantities set forth in the sched­ 11.10 5.80 3.05 .70 Buckwheat- ______40 ules herein, at prices higher than the Buckwheat. ____ 9.45 5.00 2.65 .60 Rice and barley ______25 Rice ___ ...... 8.35 4.45 2.35 ' .55 maximum prices computed as set forth 7.05 3.80 2.05 in paragraph (c) of this order, although 3.50 1.75 Nothing herein requires you to sell on you may charge, pay or offer less than other than a cash basis. maximum prices. Required discounts. You shall deduct Maximum Authorised Service Charges (2) Obtain any price higher than the from the prices set forth in table ( 1 ) of (Cents per Net Ton) applicable maximum price by: this Schedule, on sales and deliveries of Special service rendered at the request (i) Changing the discounts authorized all sizes except screenings, in quantities of the purchaser: herein, or of one ton or more, a discount of 50tf “Carry” or “wheel” (except for sales (ii) Charging for any service which is per net ton, where payment is made amounting to less than one to n )___50 not expressly requested by the buyer, or within ten days after delivery. Nothing Carrying upstairs or downstairs, for each floor above or below the ground (iii) Charging for any service for herein requires you to sell on other than which a charge is not specifically author­ floor (except for sales amounting to a cash basis. less than one ton ). This charge ized by this order, or shall be in addition to any charge (iv) Charging a price for any service Maximum Authorised Service Charges (Cents per Net Ton) for “carry” or “wheel”______50 higher than the Schedule price for such service, or Special service rendered at the request No such service charge may be im­ (v) Using any tying agreement or re­ of the purchaser: posed for sales and deliveries in quanti­ quiring that the buyer purchase anything “Carry” or “wheel” (except for sales ties under one ton. amounting to less than one to n )__50 (2 ) “Yard sales.” in addition to the fuel requested by him, Carrying upstairs or downstairs, for except that a dealer may comply with each floor above or below the ground F ob Sales of A nthbacite of the Sizes and in the requirements or standards with respect floor (except for sales amounting to Quantities Specified to deliveries which have been or may be less than one to n ). This charge shall issued by an agency of the United States be in addition to any charge for Per 100 lbs. Government. “carry” or “wheel”______- 50 Per Per for sales of Per net

Maximum Authorized Service Charges ( 2) " Yard sales”. (i) Commingling. If you sell one size (Cents per Net Ton) of anthracite, commingled with another F or Sales of A nthracite of the Sizes and in the Special service rendered at the request Quantities Specified size of anthracite, your maximum price of the purchaser: for the combination shall be the maxi­ “Carry” or “wheel” (except for sales Per 100 lbs. mum price established in this order for amounting to less than one ton____ 75 Per Per for sales öf the smallest of the sizes so commingled, Carrying upstairs or downstairs, for Per net net 100 lbs. or Size . net whether the sale be a “direct-delivery” each floor above or below the ground X X more but ton ton ton less than sale or “yard sale”, except in the follow­ floor (except for sales amounting to X ton less than one ton). This charge ing situation. Where a purchaser re­ shall be in addition to any charge for quests that two or more sizes of anthra­ “carry” or “wheel”______75 Broken, egg, stove, cite be commingled in one delivery, then, nut...... i $11.55 $6.05 $3.15- $0.70 in that event, if those sizes are separately No such service charge may be imposed Pea._-...... 9.85 5.20 2.75 .60 Buokwheat______8.20 4.35 2.30 .50 weighed at the point of loading, the for sales and deliveries in quantities Rice...... 7.05 3.80 2.05 .45 dealer may commingle those sizes in the under one ton. 5.80 3.15 1.70 2.50 1.25 truck or other vehicle in which the de­ (2) “Yard sales". livery is made. The price for anthracite so commingled shall be calculated on the Foe Sales of Anthracite of the Sizes and in the (h) Schedule V. Schedule V estab­ Quantities Specified basis of the applicable per net ton price lishes maximum prices for certain sizes for each size in the combination, and the of anthracite, in certain specific quanti­ Per 100 lbs. invoice shall separately state the price, Per Per for sales of ties, delivered to or at any point within Per net lbs. or so determined, for the quantity of each net net 100 Zone 5. There is a separate table of Size more but size in the combination. ton X X prices for “direct-delivery” sales and ton ton less than (j) Ex Parte 148 freight rate increase. X ton “yard sales”. (1) Sales on a “direct-delivery” basis. Since the Ex Parte 148 freight rate in­ crease has been rescinded by the Inter­ Broken, egg, stove, $0.70 F or Sales of A nthracite of the Sizes and in the state Commerce Commission, dealers’ nut...... $11.65 $6.05 $3.15 Quantities Specified Pea...... 9.85 5.20 2.75 .60 freight rates are the same as those of 8.20 4.35 2.30 .50 Buckwheat...... December 1941. Therefore, you may not B ic e ...... :... 7.10 3.80 2.05 .45 Per 100 lbs. 5.85 3.20 1.75 for sales o f increase any schedule price on account 2.50 1.25 Per Per Per 100 lbs. or Size net V i X. of freight rates. ton ton ton more but less than (k) Addition of increase in suppliers’ (g) Schedule IV. Schedule IV estab­ X ton maximum prices prohibited. You may lishes specific maximum prices for cer­ not increase the specific maximum prices tain sizes of anthracite, in certain spe­ Broken, egg, stove, established by this order to reflect, in cific quantities, delivered to or at any nut...... $12.70 $6.60 $3.45 $0.80 11.00 6.75 3.00 .70 whole or in part, any subsequent increase point within Zone 4. There is a sep­ 9.25 4.90 2.60 .60 to you in your supplier’s maximum price arate table of prjces for “direct-delivery” 8.10 4.30 2.30 .55 for the same fuel. The specific maxi­ 6.85 3.70 2.00 sales and “yard sales”. 3.50 1.75 mum prices already reflect increases to (1) Sales on a “Direct-delivery” basis. you in your supplier’s maximum prices occurring up to the effective date of this F oe Sales of A nthracite of the Sizes and in the Required discounts. You shall deduct order. If increases in your supplier’s Quantities Specified from the prices set forth in table ( 1 ) of this schedule, on sales and deliveries of maximum prices should occur after such Per 100 lbs. all sizes except screenings, in quantities date, as the result of any amendment to Per Per for sales of or revision of a maximum price regula­ Per net net net 100 lbs. or o'f one ton or more, a discount of 50tf per Size tion issued by the Office of Price Admin­ ton V i h l more but net ton, where payment is made within ton ton less than istration governing sales and deliveries X ton ten days after delivery. Nothing herein requires you to sell on other than a cash made by such suppliers, the Regional basis. Administrator will, if he then deems it Broken, egg, stove, to be warranted, take appropriate action $12.55 $6.55 $3.40 $0.80 Maximum Authorized Service Charges 10.85 5.70 3.00 .70 to amend this order to reflect such (Cents per Net Ton) Buckwheat...... 9.20 4.85 2.55 .60 increases. 8.05 4.30 2.30 .55 6.80 3.65 1.95 Special service rendered at the request (l) Taxes. If you are a dealer subject 3.50 1.75 of the purchaser: to this order you may collect, in addition “Carry” or “wheel” (except for sales to the specific maximum prices estab­ amounting to less than one to n )___ 50 lished herein, provided you state it sepa­ Required discounts. You shall deduct Carrying upstairs or downstairs, for rately, the amount of the Federal tax from the prices set forth in table ( 1 ) of each floor above or below the ground upon the transportation of property im­ this schcedule, on sales and deliveries floor (except for sales amounting to less than one ton). This charge posed by section 620 of the Revenue Act of all sizes except screenings, in quanti­ shall be in addition to any charge of 1942 actually paid or incurred by you, ties of one ton or more, a discount of for “carry” or “wheel”______50 or an amount equafto the amount of such 50if per net ton, where payment is made No such service charge may be imposed tax paid by any of your prior suppliers within ten days after delivery. Nothing for sales and deliveries in quantities un­ and separately stated and collected from herein requires you to sell on other you by the supplier from whom you pur­ der one ton. than a cash basis. chased. On sales to the United States (2) “Yard sales.” Maximum Authorized Service Charges or any agency thereof, you need not state F or Sales of A nthracite of the Sizes and in the this tax separately. (Cents per Net Ton) Quantities Specified (m) Adjustable pricing. You may not Special service rendered at the request make a price adjustable to a maximum of the purchaser: Pet 100 lbs. price which will be in effect at some time “Carry” or “wheel” (except for sales Per Per Per for sales of net amounting to less than one to n )— 50 Size net net 100 lbs. or after delivery of the anthracite has been ton y * X more but completed; but the price may be adjust­ Carrying upstairs or downstairs, for ton ton less than ' each floor above or below the ground X ton able to the maximum price in effect at floor except for sales amounting to the time of delivery. less than one to n ). This charge Broken, egg, stove, (n) Petitions for amendment. Any shall be in addition to any charge for nut...... $11.70 $6.10 $3.20 $0.70 person seeking an amendment of any “carry” or “wheel”— ______50 Pea...... 10.00 5.25 2.75 .60 Buckwheat______8.25 4.40 2.35 .60 provision of this order may file a peti­ No such service charge may be im­ Rice______7.10 3.80 2.05 .45 tion for amendment in accordance with 5.85 3.20 1.75 posed for sales and deliveries in quanti­ 2.50 1.25 the provisions of Revised Procedural ties under one ton. Regulation No. 1, except that the petition No. 72------8 3886 FEDERAL REGISTER, Tuesday, April 11, 1944 shall be filed with the Regional Adminis­ with the Price Panel of the appropriate sales or deliveries of solid fuels not spe­ trator and acted upon by him. War Price and Rationing Board. cifically subject to this order. (o) Right of amendment or revocation. (t) Definitions and explanations.. Effective date. This order shall be­ The Regional Administrator or the Price When used in this Order No. G-22, the come effective November 29, 1943.

Administrator may amend, revoke or term: N o t e : This order has been approved by the rescind this order, or any provision (1) “Person” includes an individual, Bureau of the Budget in accordance with the thereof, at any time. corporation, partnership, association, or Federal Reports Act of 1942. (p) Applicability of other regulations. any other organized group of persons, or (Pub. Laws 421 and 729, 77th Cong.; E.O. If you are a dealer subject to this order, legal successor or representative of any 9250, 7 Fit. 7871; E.O. 9328, 8 F.R. 4681) you are governed by the licensing provi­ "of the foregoing, and includes the United sions of Licensing Order 1. Licensing States or any agency thereof, or any other Issued this 27th day of November 1943. Order 1 provides, in brief, that a license government, or any of its political sub­ D a n ie l P. W o o l l e y , is required of all persons making sales divisions, or any agency of any of the Regional Administrator. for which maximum prices are estab­ foregoing. lished. A license is automatically (2) “Sell” includes sell, supply, dis­ [F. R. Doc. 44-4990: Filed, April 7, 1944; granted. It is not necessary to apply for pose, barter, exchange, lease, transfer, 12:17 a. m.] the license. The license may be sus­ and deliver, and contracts and offers to pended for violations in connection with do any of the foregoing. The terms the sale of any commodity for which “sale”, “selling”, “sold”, “seller”, “buy”, {Region IV Order G-7 Under RMPR 122, maximum prices are established. If your “purchase”, and “purchaser” shall be Amdt. 1] license is suspended, you may not sell any construed accordingly. such commodity during the period of sus­ (3) “Dealer” means any person selling S o lid F u e ls i n K n o x v il l e , T e n n ., A rea pension. anthracite of the sizes set forth in the Amendment No. 1 to Order No. G-7 (q) Records. If you are a dealer sub­ schedule herein, and does not include a under Revised Maximum Price Regula­ ject to this order, you shall preserve, keep, producer or distributor making sales at tion No. 122. Solid Fuels Sold and De­ and make available for examination by or from a mine, a preparation plant oper­ livered by dealers. Maximum prices for the Office of Price Administration, a ated as an adjunct of any mine, or a solid fuels in the City of Knoxville and record of every sale of anthracite here­ briquette plant. adjacent territory in the State of Ten­ under, showing the date, the name and (4) “Pennsylvania anthracite” means nessee. address of the buyer, if known, the per all coal produced in the Lehigh, Schuyl­ For the reasons set forth in an opinion net ton price charged, and the solid fuel kill and Wyoming regions in the Com­ issued simultaneously herewith and un­ sold. The solid fuel shall be identified monwealth of Pennsylvania. der the authority vested in the Regional in the manner in which it is described (5) The sizes of “Pennsylvania an­ Administrator of the Office of Price Ad­ in the order. The record shall also state thracite” described as broken, egg, stove, ministration by § 1340.260 of Revised separately each service rendered and the nut, pea, buckwheat, rice, barley and Maximum Price Regulation No. 122 and charge made for it. screenings, shall refer to the same sizes by paragraph (g) of Order No. G-7, It (r ) Posting of maximum prices; sales of the same fuel as were sold and deliv­ is hereby ordered, That: slips and receipts. (1) If you are a ered in the Commonwealth of Pennsyl­ To the maximum prices for Bitum­ dealer subject to this order, you shall post vania, Coal Area V, with such designa­ inous Coals from Sub-district No. 6 all your maximum prices (as set forth tion during December 1941. (Southern Appalachian) of District No. in the applicable schedule or schedules (6) “Direct delivery”, except with re­ 8 as established by Order No. G-7, as of this order) in your place of business spect to sales in 100 lb. lots, means de­ amended by any supplementary order in a manner plainly visible to and under­ livery to the buyer’s bin or storage space thereto, may be added the sum of 15«S standable by the purchasing public. by dumping or chuting directly from the per ton, per % ton, and H per (2) If you are a dealer subject to this seller’s truck or vehicle, or, where such ton. order, you shall, except for a sale of less delivery to the buyer’s bin or storage than one-half ton, give each purchaser space is physically impossible, by dis­ This Amendment No. 1 to Order No. a sales slip or receipt showing your name charging at the point nearest and most G-7 shall become effective April 1, 1944. and address, the kind, size, and quantity accessible to the buyer’s bin or storage (56 Stat. 23, 765; Pub. Law 151, 78th of the anthracite sold to him, the date of space and at which the coal can be dis­ Cong.; E.O. 9250, 7 F.R. 7871 and E.O. the sale or delivery and the price charged, charged directly from the seller’s truck. 9328, 8 F.R. 4681) separately stating the amount, if any, “Direct delivery” in 100 lb. lots shall of the required discounts which must be mean depositing in buyer’s bin or other Issued April 1, 1944. deducted from, and the authorized serv­ storage space designated by buyer. A lexander H arris, ice charges and the taxes, which may (7) “Carry” and “wheel” refer to the Acting Regional Administrator. be added to the specific maximum prices movement of coal to buyer’s bin or stor­ [F. R. Doc. 44-4992; Filed, April 7, 1944; prescribed herein. age space in baskets or other containers, 12:20 p. m.} In the case of all other sales, you shall or by wheelbarrow or barrel, from seller’s give each purchaser a sales slip or receipt truck or vehicle, or from the point near­ containing the information described in est and most accessible to the buyer’s bin the foregoing paragraph, if requested by or storage space at which the coal is dis­ L is t of C o m m u n it y C e il in g P rice O rders such purchaser or of, during December charged from the seller’s truck in the 1941, you customarily gave purchasers course of “direct delivery”. The following orders under Revised such sales slips or receipts. ( 8) “Yard sales” means sales accom­ General Order 51 were filed with the (s) Enforcement. (1) Persons violat­ panied by physical transfer to the buy­ Division of the Federal Register on April ing any provision of this order are sub­ er’s truck or vehicle at the yard, dock, 8, 1944. ject to civil and criminal penalties, barge, car, or at a place of business of REGION II including suits for treble damages, pro­ the seller other than at seller’s truck or Maryland Order No. 1-F, Amendment No. vided for by the Emergency Price Control vehicle. 1, filed 9:55 a. m. Act of 1942, as amended. (9) Except as otherwise provided Williamsport Order No. 1-F, Amendment (2) Persons who have any evidence of herein, or as the context may otherwise No. 1, filed 9:55 a. m. any violation of this order are urged to require, the definitions set forth in r e g io n in communicate with the Harrisburg Dis­ §§ 1340.255 and 1340.266 of Revised Max­ trict Office of the Office of Price Admin­ Detroit Order No. 1-F, Amendment No. 9, imum Price Regulation No. 122 shall ap­ filed 9:55 a. m. istration for violations in Zones 1 and 2 (Lancaster and Lebanon Counties), and ply to terms used herein. REGION IV (u) Effect of order on Revised Maxi­ with the Philadelphia District Office of Montgomery Order No. 1-W, Amendment the Office of Price Administration for mum Price Regulation No. 122. This No. 1, filed 10:06 a. m. violations in Zones 3, 4, and 5 (Berks, order shall supersede Revised Maximum Montgomery Order No. 15, Amendment No. Lehigh and Northampton Counties), or Price Regulation No. 122, except as to any 1, filed 10:06 a. m. FEDERAL REGISTER, Tuesday, April 11, 1944 3887

REGION V L ist o f C o m m u n it y C e il in g P rice O rders Copies of these orders may be obtained from the issuing offices. Fort Worth Order No. 6-F, Amendment No. The following orders under Revised 2, filed 10:16 a. m. General Order 51 were filed with the Di­ E r v in H. P o lla c k , Secretary. REGION VI vision of the Federal Register on April Chicago Order No. 2-F, Amendment No. 8, 8, 1944. [F. R. Doc. 44-5085; Filed, April 10, 1944; REGlbN I I filed 10:15 a. m. 11:36 a. m.] Duluth-Superior Order No. 10, Amendment District of Columbia Order No. 1-F, No. 1, filed 10:14 a. m. Amendment No. 1, filed 11:07 a. m. ‘ Fargo-Moorhead Order No. 1-F, Amend­ r e g io n in ment No. 3, filed 10:04 a. m. SECURITIES AND EXCHANGE COM- Fargo-Moorhead Order No. 2-F, Amend­ Indianapolis Order No. 4-F, Amendment ment No. 3, filed 10:04 a. m. No. 9, filed 11:14 a. m. MISSION. Fargo-Moorhead Order No. 3-F, Amend­ Indianapolis Order No. 5-F, Amendment [File Nos. 59-39, 54-50, 59-10, 54-82] . ment No. 3, filed 10:04 a. m. No. 9, filed 11:14 a.m. Omaha Order No. 1-W, Amendment No. 1, Indianapolis Order No. 6-F, Amendment N o rth A m e r ic a n L ig h t and P o w e r Co., filed 10:08 a. m. No. 9, filed 11:13 a.m . ET AL. Omaha Order No. 1-F, Amendment No. 10, Indianapolis Order No. 8-F, Amendment filed 10:07 a. m. No. 9, filed 11:13 a.m. ORDER RECONVENING HEARING Omaha Order No. 1-F, Amendment No. 11, Indianapolis Order No. 9-F, Amendment filed 10:08 a. m. I'o. 9, filed 11:07 a.m. At a regular session of the Securities Omaha Order No. 2-F, Amendment No. 8, Indianapolis Order No. 10-F, Amendment and Exchange Commission, held at its filed 10:07 a. m. No. 9, filed 11:07 a.m. Omaha Order No. 2-F, Amendment No. 9, Indianapolis Order No. 11-F, Amendment office in the City of Philadelphia, Pa., on filed 10:07 a. m. No. 9, filed 11:06 a.m. the 7th day of April 1944. ■ Omaha Order No. 2-F, Amendment No. 10, Lexington Order No. 4-F, Amendment No. In the matter of North American Light filed 10:07 a. m. 2, filed 11:08 a. m. & Power Company, Holding-Company Omaha Order No. 3-F, Amendment No. 2, Lexington Order No. 12, Amendment No. System, and The North American Com­ filed 10:08 a. m. 4, filed 11:07 a. m. pany, File No. 59-39; North American Sioux-Falls Order No. 1-W, filed 10:16 a. m. REGION IV Light & Power Company, File No. 54-50; r e g io n v n Jacksonville Order No. 1-W, Amendment The North American Company, et al., Montana Order No. 25, Amendment No. 3, No. 1, filed 11:08 a.m. File No. 59-10; and The North American filed 10:05 a. m. Jackson Order No. 3-F, Amendment No. Company, File No. 54-82. Montana Order No. 26, Amendment No. 3, 1, filed 11:10 a.m. The Commission having entered an filed 10:09 a. m. Memphis Order No. 4-F, Amendment No. order on October 28, 1943, providing, Montana Order No. 29, Amendment No. 3, 28, filed 11:13 a. m. among other things, for a consolidated filed 10:09 a. m. Sguth Carolina Order No. 3-F, Amendment hearing in the above proceedings, and No "4, filed 11:06 a. m. Montana Order No. 30, Amendment No. 3, hearings having been held from time to filed 10:09 a. m. South Carolina Rev. Order No. 1-F, filed Montana Order fio. 31, Amendment No. 3, 11:06 a. m. time thereafter and having been ad­ filed 10:09 a. m. r e g io n v journed on November 13, 1943, subject to Montana Order No. 33, Amendment No. 3, call, and it appearing to the Commission Arkansas Order No. 1-F, Amendment No. 3, filed 10:09 a. m. that said hearings should be reconvened; Montana Order No. 34, Amendment No. 3, filed 11:13 a.m. filed 9:55 a. m. Arkansas Order No. 2-F, Amendment No. 7, It is ordered, That hearings in said Montana Order No. 35, Amendment No. 1, filed 11:05 a.m. consolidated proceedings be reconvened filed 9:55 a. m. Arkansas Order No. 3-F, Amendment No. 7, on the 17th day of April, 1944 at 10:90 filed 11:07 a.m. Montana Order No. 38, Amendment No. 3, a. m„ e. w. t„ at the office of the Securi­ filed 10:05 a. m. Arkansas Order No. 4-F, Amendment No. 9, New Mexico Order No. F -l, Amendment No. filed 11:05 a.m. ties and Exchange Commission, 18th and 6, filed 10:03 a. m. Arkansas Order No. 5-F, Amendment No. 8, Locust Streets, Philadelphia 3, Pennsyl­ New Mexico Order No. 6-W, filed 10:04 a. m. filed 11:05 a.m. vania, in such room as may be desig­ Wyoming Order No. 1-F, Amendment No. Arkansas Order No. 6-F, Amendment No. 9, nated at that time by the hearing room 3, filed 9:57 a. m. filed 11:05 a.m. Wyoming Order No. 2-F, Amendment No. 1, Houston Order No. 2-F, Amendment No. 3, clerk in Room 318. filed 10:03 a. m. filed 11:14 a.m. It is further ordered, That Robert P. Wyoming Order No. 21, Amendment No. 2, San Antonio Order No. 1-F, Amendment No. Reeder or any other officer or officers of filed 9:57 a. m. 3, filed 11:08 a.m. the Commission designated by it for that San Antonio Order No. 2-F, Amendment No. r e g io n v n i purpose shall preside at such reconvened 3, filed 11:08 a.m. Fresno Order No. 1-F, Amendment No. 11, hearing. The officer so designated is REGION VI filed 9:56 a. m. hereby authorized to exercise all powers Los Angeles Order No. 1-F, Amendment No. La Crosse Order No. 3-F, Amendment" No. granted to the Commission under section 6, filed 10:10 a. m. 6, filed 11:14 a.m. 18 (c) of the Public Utility Holding Com-' Portland Order No. 1-F, Amendment No. La Crosse Order No. 5-F, Amendment No. 6, pany Act of 1935 and to a trial examiner 10, filed 9:57 a. m. filed 11:14 a.m. San Diego Order No. 1-F, Amendment No. Peoria Order No. 1-F, Amendment No. 2, under the Commission’s rules of practice. 30, filed 9:56 a. m. filed 11:10 a.m. It is further ordered, That the Secre­ San Diego Order No. 6, Amendment No. 7, Sioux City Order No. 1—W, filed 11:12 a.m. tary of the Commission shall serve notice filed 9:57 a. m. of the reconvened hearing by mailing a Seattle Order No. 1-F, Amendment No. 10, REGION VII copy of this order by registered mail to filed 10:14 a. m. Utah Order No. F -l, Amendment No. 6, Seattle Order No. 2-F, Amendment No. 8, Illinois Power Company, Illinois Trac­ filed 11:12 a.m. filed 10:14 a. m. tion Company, North American Light & Utah Order No. F-2, Amendment No. 5, Seattle Order No. 3-F, Amendment No. 10, filed 11:11 a.m. Power Company, The North American filed 10:14 a. m. Utah Order No. F-3, Amendment No. 4, Company and to Lawrence R. Condon, Seattle Order No. 4r-F, Amendment No. 10, filed 11:11 a.m. attorney for certain preferred stock­ filed 10:14 a. m. Utah Order No. F-4, Amendment No. 4, Seattle Order No. 5-F, Amendment No. 8, holders of North American Light & Pow­ filed 11:11 a.m. filed 10:13 a. m. er Company; and that notice of said Seattle Order No. 20, Amendment No. 4, Utah Order No. F-5, Amendment No. 4, hearing be given to all other persons by filed 11:10 a.m. filed 10 :09 a. m. F ederal Utah Order No. F-6, Amendment No. 4, publication of this order in the Copies of these orders may be obtained filed 11:11 a.m. R egister. from the issuing offices. Wyoming Order No. 20, Amendment No. 1, By the Commission. filed 11:12 a.m. E r v in H. P o lla c k , [SEAL] ORVAL L. DUBOIS, Secretary. r e g io n v m Secretary.

[F. R. Doc. 44-5044; Filed, April 8, 1944; Phoenix Order No. 8-F, Amendment No. 13, [F. R. Doc. 44-5051; Filed, April 10, 1944; 4:40 p. m.] filed 11:10 a.m. - 9:44 a. m.] 3888 FEDERAL REGISTER, Tuesday, A p ril 11, 1944

[Pile No. 70-878] Northern Indiana Public Service Com­ with the Secretary of this Commission on pany, a subsidiary of Clarence A. or before April 19, 1944, his request or U n io n E lectric: C o m p a n y o f M iss o u r i Southerland and Jay Samuel Hartt, an application therefor as provided in NOTICE REGARDING FILING Trustees of the Estate of Midland Utili­ Rule X V II of the rules of practice of the At a regular session of the Securities ties Company, a registered holding com­ Commission. and Exchange Commission, held at its pany. All interested persons are referred It is further ordered, That William W. office in the City of Philadelphia, Pa., on to the said application-declaration which Swift, or any other officer or officers of the 8th day of April 1944. is on file in the office of the said Com­ the Commission designated for that pur­ pose shall preside at the hearings in such Notice is hereby given that an appli­ mission for a statement of the trans­ matter. The officer so designated to pre­ cation or declaration (or both) has been actions therein proposed which are sum­ side at any such hearing is hereby au­ filed with this Commission pursuant to marized below: thorized to exercise all powers granted 1 > the Public Utility Holding Company Act Northern Indiana Public Service Com­ the Commission under section 18'(c) of of 1935 by Union Electric Company of pany proposes to refinance its presently said act and to a trial examiner under Missouri, a registered holding company; outstanding 220,078 shares of cumulative the Commission’s rules of practice. and preferred stock (69,858 shares of the 7% It is further ordered, That, without Notice is further given that any in­ series, 124,505 shares of the 6 % series, limiting the scope of the issues presented terested person may, not later than April and 25,715 shares of the 5%% series) by by said application-declaration, particu­ 18,1944 at 5:30 p. m., e. w. t., request the making an offer to the holders of such lar attention will be directed at such Commission in writing that a hearing be stock whereby they will be afforded the hearing to the following matters and held on such matter, stating the reasons opportunity to exchange each share of questions: for such request and the nature of his presently held stock for one share of 5% 1. Whether the proposed issue and interest, or may request that he be noti­ cumulative preferred stock of the com­ sale of its 5% cumulative preferred fied if the Commission should order a pany, plus a cash payment in an amount stock by Northern Indiana Public Serv­ hearing thereon. At any time there­ not as yet determined. Any shares not ice Company is solely for the purpose of after, said application or declaration, as exchanged will be called for redemption financing its business; filed or as amended, may be granted, as at the redemption prices ($115 per share 2. Whether the proposed transactions provided in Rule U-23 of the rules and for the 7%, $107.50 for the 6 %, and are appropriate and in the public inter­ regulations promulgated pursuant to $105 for the 5 ^2 %, cumulative preferred stock), plus accrued dividends. North­ est and the interest of investors and said act, or the Commission may exempt consumers; such transaction as provided in Rules ern Indiana Public Service Company also 3. Whether compliance with the re­ U-20 (a) and U-100 thereof. Any such proposes to enter into an agreement with quirements of paragraphs (b) and (c) request should be addressed: Secretary, underwriters who have not as yet been of Rule U-50 is not necessary or appro­ Securities and Exchange Commission, designated in the application-declara­ priate under the circumstances; 18th and Locust Streets, Philadelphia 3, tion, providing for their services in-fur­ thering the exchanges and also provid­ 4. The propriety of the proposed ac­ Pennsylvania. counting treatment... of the proposed All interested persons are referred to ing that such underwriters will purchase from Northern Indiana Public Service transactions on the books of the appli­ said application or declaration which is cant-declarant; on file in the office of the said Commis­ Company such number of the 220,078 shares of the 5% cumulative pseferred 5. Whether it is necessary or appro­ sion, for a statement of the transactions priate to impose terras or conditions in therein proposed, which are summarized stock as have not been issued as a result of the exchanges. The exact terms of the public interest or for the protection below: of investors or consumers; and Union Electric Company of Missouri the proposed exchange offer, the price at which such shares not exchanged will 6 . Whether the proposed transactions proposes (a) to issue and sell to com­ comply with all the provisions and re­ mercial banks at private sale and not for be sold to underwriters, and the offering price of the underwriters upon sale to quirements of the Public Utility Holding resale to the public, notes in the principal Company Act of 1935 and the rules and amount of not more than $9,000,000 ma­ the public will be determined by an agreement to be entered into and subse­ regulations promulgated thereunder. turing not more than nine months, exclu­ By the Commission. sive of days of grace, after date of issue quently to be filed as an amendment to thereof (the interest rate on the proposed the application-declaration. [ s e a l ] O rval L. D u B o is , notes will be supplied by amendment) ; The said application-declaration con­ Secretary. and (b) to use the proceeds from such tains a request that the Commission en­ [F. R. Doc. 44-5053; Piled, April 10, 1944; notes, together with other funds, ( 1 ) to ter an order finding that, with respect to 9:44 a. m.] repay the open account indebtedness in the proposed issuance and sale of the the approximate amount of $5,700,000 5% cumulative preferred stock, compli­ ance with paragraphs (b) and (c) of owing by Union Electric Company of [File Nos. 54-78, 54-40, 59-40, 54-53 , 59-49] Missouri to its subsidiary, Mississippi Rule U-50 is not necessary or appro­ River Power Company and (2) to make a priate. C onsolidated E lectric and G as C o . and capital contribution to said subsidiary in Applicant-declarant has designated C entral P u b l ic U t il it y C o r p. the amount of approximately $9,560,000. sections 6 (b) and 12 (c) of the act and By the Commission. Rules U-42 and U-50 as applicable to the ORDER POSTPONING HEARING proposed transactions. [ s e a l] O rval L. D u B o is , At a regular session of the Securities Secretary. It appearing to the Commission that it is appropriate in the public interest and and Exchange Commission, held at its [F. R. Doc. 44-5052; Piled, April 10, 1944; the interest of investors and consumers office in the City of Philadelphia, Penn­ 9:44 a. m.] that a hearing be held with respect to sylvania, on the 7th day of April, A, D. such matters; 1944. It is ordered, That a hearing on such In the matters of Consolidated Electric [File No. 70-882] matters under the applicable provisions and Gas Company, File No. 54-78; Con­ solidated Electric and Gas Company, N or th er n I n d ia n a P u b l ic S ervice C o . of said act and the rules of the Commis­ sion thereunder be held on April 21,1944, Applicant, File No. 54-40; Central Public NOTICE OF FILING AND ORDER FOR HEARING at 10:30 a. m., e. w. t., at the offices of the Utility Corporation, Consolidated Elec­ tric and Gas Company, Respondents, At a regular session of the Securities Securities and Exchange Commission, File No. 59-40; Christopher H. Coughlin, and Exchange Commission, held at its 18th and Locust Streets, Philadelphia, W. T. Crawford, and Rawleigh Warner, office in the City of Philadelphia, Pa., on Pennsylvania. On such day the hearing the 8th day of April, A. D. 1944. room clerk in room 318 will advise as to voting trustees under Voting Trust Notice is hereby given that an appli­ the room in which such hearing will be Agreement dated August 1,1932, relating cation-declaration has been filed with held. It is requested that any person to common stock çf Central Public Util­ this Commission, pursuant to the Public desiring to be heard or to be admitted ity Corporation, Applicants, File No. Utility Holding Company Act of 1935, by as a party to such proceeding shall file 54-53; and Christopher H. Coughlin, W . FEDERAL REGISTER, Tuesday, April 11, 1944 3889

T. Crawford, and Rawleigh Warner, vot­ panies, which last mentioned sales it is far as it requests an order under section ing trustees under Voting Trust Agree­ anticipated will be effected within sixty 3 (b) ( 2). ment dated August 1, 1932, relating to days from March 29, 1944; that the con­ By the Commission. common stock of Central Public Utility summation of said sales and, said pro­ [ s e a l ] O rval L. DuBois, Corporation, Respondents, File No. posed sales will serve to simplify the Secretary. 59-49. problems of said Consolidated Electric Consolidated Electric and Gas Com­ and Gas holding company system in [P. R. Doc. 44-5055; Filed, April 10, 1944; 9:45 a. m.] pany, a registered holding company, effecting compliance with section 11 (b) having filed an application, pursuant to of the act, reducing the number of public section 11 (e) of the Public Utility Hold­ utility subsidiaries of the system operat­ [File No. 70-877] ing Company Act of 1935, for approval of ing in the United States to seven; that a plan for certain action designed to en­ such divestments will require a substan­ W est P e n n P o w e r C o . able that company and certain of its tial revision of the plan for such com­ subsidiary companies to comply with the pliance filed with this Commission on NOTICE OF FILING AND ORDER FOR HEARING provisions of section 11 (b) of said act; June 23, 1943, which revision cannot be At a regular session of the Securities the Commission having by order dated made until such further divestments are and Exchange Commission, held at its July 19, 1943, consolidated the proceed­ consummated; and office in the City of Philadelphia, Penn­ ings upon said application (1 ) with cer­ The Commission deeming it appro­ sylvania, on the 6th day of April, A. D. tain proceedings theretofore instituted priate under the circumstances that the 1944. by «the Commission pursuant to section hearing directed to be held herein on Notice is hereby given that a declara­ 11 (b) of said act with respect to said April 18,1944, be further postponed; tion or application (or both) has been Consolidated Electric and Gas Company It is ordered, That the hearing in this filed with this Commission pursuant to and Central Public Utility Corporation, matter previously scheduled for April 18, the Public Utility Holding Company Act also a registered holding company, (2 ) 1944, at 10:00 a. m., e. w. t., in the offices of 1935 by West Penn Power Company with certain other proceedings instituted of the Securities and Exchange Commis­ (West Penn) a registered holding com­ by the Commission pursuant to said sec­ sion, 18th and Locust Streets, Philadel­ pany and a subsidiary of American Water tion 11 (b) with respect to Christopher phia, Pennsylvania, be, and hereby is, Works and Electric Company, Inc., a H. Coughlin, W. T. Crawford, and Raw­ postponed to June 20, 1944, at the same registered holding company. leigh Warner, voting trustees under a hour and place and before the same trial All interested persons are referred to certain voting trust agreement dated examiner as heretofore designated. said declaration or application (or both), August 1,1932, relating to common stock , It is further ordered, That the time which is on file in the office of this Com­ of said Central Public Utility Corpora­ within which any person other than mission, for a statement of the transac­ tion (said trustees also being a registered parties to said consolidated proceedings tions therein proposed, which may be holding company), (3) with proceedings desiring to be heard or otherwise wish­ summarized as follows: upon an earlier application of said Con­ ing to participate in said proceedings West Penn proposes to reduce the solidated Electric and Gas Company for shall file his request or application amount of capital represented by its approval of certain other action also therefor with the Secretary of the Com­ presently outstanding 2,935,000 shares of designed to enable said Consolidated mission as provided by Rule X V II of the no par value common stock from $31,- Electric and Gas Company to comply Commission’s rules of practice be, and 750,000 to $21,750,000 without reducing with said section 11 (b ), and (4) with the same hereby is, extended to June 15, the number of such shares. The surplus proceedings upon an application and 1944. created by such reduction of common declaration by said trustees, above By the Commission. capital amounting to $10,000,000 will be named, regarding the disposition of the [ se al] O rval L. D u B o is , setup in a separate account designated common stock of Central Public Utility Secretary. “capital surplus”. The transaction pro­ Corporation held by said trustees; and [P. R. Doc. 44-5054; Piled, April 10, 1944; posed is for the stated purpose of making the Commission having by said order of 9:44 a. m.j available “capital surplus” in the said July 19, 1943, set down said consolidated amount of $10,000,000 for use in connec­ proceedings for hearing at the offices of tion with the reclassification of the ac­ the Commission in Philadelphia, Penn­ counts and the adjustment of books of [Pile No. 812-37] sylvania, at 10:00 a. m., e. w. t., on Au­ West Penn under the Uniform System of gust 3, 1943; and said hearing having B a nk er s S e c u r it ie s C orp. Accounts prescribed by the Federal been postponed by subsequent orders of Power Commission and the Pennsylvania the Commission until April 18,1944; and ORDER DISMISSING APPLICATION Public Utility Commission. The declara­ Consolidated Electric and Gas Com­ At a regular session of the Securities tion or application (or both) states that pany having requested that the hearing and Exchange Commission, held at its the “capital surplus” so created, to­ so directed to be held in said consoli­ office in the City of Philadelphia, Pa., on gether with the earned surplus and re­ dated proceedings be further postponed the 7th day of April, A. D. 1944. serves of West Penn, will be sufficient to for a period of not less than sixty days, Bankers Securities Corporation having cover any adjustments or write-offs stating in such request, among other filed an application for an order declar­ which West Penn may be lawfully re­ things, that the company, since June 23, ing its status under section 3 (b) (2) of quired to make by regulatory authorities 1943, the date of the filing of its appli­ the Investment Company Act of 1940, or in connection with the reclassification cation for approval of the plan herein­ in the alternative for exemption pursuant of its accounts. West Penn also pro­ above first mentioned, has been actively to section 6 (c) of said act, and having poses to call' a special stockholders’ meet­ engaged in a program of divestment of requested declaratory orders under sec­ ing to obtain approval of the proposed its investments in its subsidiary com­ tions 3 (a) and 3 (c) of the said act; reduction in capital and, in connection panies, and, since January 1, 1943, has A hearing having been held after ap­ therewith, to solicit proxies from its effected dispositions of such investments propriate notice, having been filed stockholders. in sixteen public utility companies, and oral argument heard; and the Com­ It appearing to the Commission that theretofore comprised within the Con­ mission having fully advised and having it is appropriate, in the public interest solidated Electric and Gas holding com­ this day issued its findings and opinion and in the interest of investors and con­ pany system, has contracted for the sale herein; sumers, that a hearing be held with re­ of its investment in a seventeenth such On the basis of said findings and spect to said matter and that said dec­ company (with relation to which a hear­ opinion, and pursuant to the applicable laration or application (or both), shall ing was held before a trial examiner of provisions of said act, not become effective or be granted except this Commission on March 28,1944), and It is ordered, That said application be pursuant to further order of this Com­ has substantially completed negotiations and hereby is dismissed in so far as it mission; for the sale of its investments in six requests orders under sections 3 (a) and It is ordered, That a hearing on such additional subsidiary public utility com­ 3 (c ), and be and hereby is denied in so matter be held on April 24, 1944 at 10:00 3890 FEDERAL REGISTER, Tuesday, April 11, 1944

a. m., e. w. t., in the offices of the Secu­ tion with these proceedings or propos­ regulations promulgated thereunder, and, rities and Exchange Commission, 18th & ing to intervene herein shall file with particularly whether the proposed reduc­ Locust Streets, Philadelphia, Pennsyl­ the Secretary of the Commission, on or tion of the Common Capital Stock ac­ vania. On such day, the hearing room before April 21, 1944, his request or ap­ count is detrimental to the public inter­ clerk in Room 318 will advise as to the plication therefor as provided by Rule est or the interests of investors or con­ room in which such hearing will be held. X V II of the rules of practice of the Com­ sumers. It is further ordered, That Allen Mac- mission. (2) What terms and conditions, if any, Cullen, or any other officer or officers of It is further ordered, That, without are necessary or appropriate in the pub­ the Commission designated by it for that limiting the scope of issues presented by lic interest or the interests of investors or purpose, shall preside'at such hearing. said declaration or application (or both) consumers to ensure compliance with the The officer so designated to preside at otherwise to be considered in this pro­ requirements of the Holding Company such hearing is hereby authorized to ex­ ceeding, particular attention will be Act or any rules, regulations, or orders ercise all powers granted to the Commis­ directed at the hearing to the following promulgated thereunder. sion under section 18 (c) of the act and matters and questions: By thè Commission. to a trial examiner under the Commis­ (1) Generally, whether the proposed [ s e a l ] Orv a l L. DuBois, sion's rules of practice. transactions comply with the applicable * Secretary. , It is further ordered, That any other provisions of the Public Utility Holding person desiring to be heard in connec­ [P. R. Doc. 44-5056; Piled, April 10, 1944; Company Act of 1935 and all rules and 9:45 a. m.J