^ O N A L ^ ,

^ » «iTtroAi V i FEDERAL REGISTER '934 ^ VOLUME 6 NUMBER 40 * 0 N I T £ 0 ^

Washington, Thursday, February 27, 1941

The President IN WITNESS WHEREOF, I have here­ CONTENTS unto set my hand and caused the seal of THE PRESIDENT the United States of America to be Control of the E xport of Certain affixed. Articles and M aterials Proclamations: DONE at the city of Washington this Export control of certain ar- BY THE PRESIDENT OF THE UNITED STATES 25th day of February, in the year of our ticles and materials: Page OF AMERICA Lord nineteen hundred and Belladonna, etc------1155 A PROCLAMATION [seal] forty-one, and of the Independ­ Beryllium, etc------H55 ence of thft. United States of Executive Orders: WHEREAS section 6 of the act of Con­ America the one hundred and sixty-fifth. gress entitled “AN ACT To expedite the Export regulations relating to: strengthening of the national defense,” F ranklin D R oosevelt Belladonna, etc------H56 approved July 2,1940, provides as follows: By the President: Beryllium, etc------H57 Sec. 6. Whenever the President determines Cordell H ull RULES, REGULATIONS, that it is necessary in the interest of national Secretary of State. defense to prohibit or curtail the exportation ORDERS of any military equipment or munitions, or [No. 24601 component parts thereof, or machinery, tools, T itle 7—Agriculture: or material, or supplies necessary for the [F. R. Doc. 41-1374; Filed, February 25, 1941; Office of the Secretary of Agri­ manufacture, servicing, or operation thereof, 4:49 p. m.] he may by proclamation prohibit or curtail culture: such exportation, except under such rules Solicitor, d elegation of and regulations as he shall prescribe. Any authority to execute re­ such proclamation shall describe the articles Control of the E xport of Certain leases ______- H57 or materials included in the prohibition or curtailment contained therein. In case of Articles and M aterials Sugar Division, Agricultural Ad­ justment Administration: the violation of any provision of any procla­ BY THE PRESIDENT OF THE UNITED STATES mation, or of any rule or regulation, issued Puerto Rico, sugarcane indus­ hereunder, such violator or violators, upon OF AMERICA try, wage determinations- 1157 conviction, shall be punished by a fine of not more than $10,000, or by imprisonment for A PROCLAMATION T itle 14—Civil Aviation: not more than two years, or by both such WHEREAS section 6 of the act of Con­ Civil Aeronautics Authority: fine and imprisonment. The authority Aeronautical skill require­ granted in this section shall terminate June gress entitled “AN ACT To expedite the 30, 1942, unless the Congress shall otherwise strengthening of the national defense,” ments for pilot certifi­ provide. approved July 2,1940, provides as follows: cates, amendments------1158 Instrument flight, regulations NOW, THEREFORE, I, FRANKLIN D. Sec. 6. Whenever the President determines ROOSEVELT, President of the United that it is necessary in the interest of national revised______H59 States of America, acting under and by defense to prohibit or curtail the exportation T itle 16—Commercial P ractices: of any military equipment or munitions, or Federal Trade Commission: virtue of the authority vested in me by component parts thereof, or machinery, tools, the aforesaid act of Congress, do hereby or material, or supplies necessary for the Wrisley, Allen B., Co., cease proclaim that upon the recommendation manufacture, servicing, or operation thereof, and desist order (modi­ of the Administrator of Export Control he may by proclamation prohibit or curtail fied)—...... H59 such exportation, except under such rules I have determined that it is necessary in and regulations as he shall prescribe. Any T itle 30—M ineral R esources: the interest of the national defense that such proclamation shall describe the articles Bituminous Coal Division: on and after March 10,1941, the follow­ or materials included in the prohibition or District No. 17, filing of ing-described articles and materials shall curtailment contained therein. In case of monthly reports------1160 the violation of any provision of any procla­ not be exported from the United States mation, or of any rule or regulation, issued Pittsburg Coal Co., permanent except when authorized in each case by hereunder, such violator or violators, upon relief granted______1160 a license as provided for in Proclamation conviction, shall be punished by a fine of not T itle 38—P ensions, B onuses, and No. 24131 of July 2, 1940, entitled “Ad­ more than $10,000, or by imprisonment for not more than two years, or by both such fine Veterans’ R el ie f: ministration of section 6 of the Act en­ and imprisonment. The authority granted Veterans' Administration: titled ‘AN ACT To expedite the strength­ in this section shall terminate June 30, 1942, Adjudication, apportionments, ening of the national defense’ approved unless the congress shall otherwise provide. etc.; amendments------1161 July 2, 1940”: NOW, THEREFORE, I, FRANKLIN D. Insurance: (1) Belladonna ROOSEVELT, President of the United In su ran ce claims council, (2) Atropine States of America, acting under and by amendments------1161 (3) Sole Leather virtue of the authority vested in me by National Service Life Insur­ (4) Belting Leather the aforesaid act of Congress, do hereby ance______H62 *5 F.R. 2467. proclaim that upon the recommendation (Continued on next page) 1155 1156 FEDERAL REGISTER, Thursday, February 27, 1941

CONTENTS—Continued EXECUTIVE ORDER H l A Federal Power Commission: Page P rescribing R egulations G overning the FEDEMLdpEGISTER Otter Tail Power Co., applica­ E xportation of Articles and M ate­ . W * # rials D esignated in the P resident’s \ 1934 ^ tion for merger______1183 Securities and Exchange Commis­ P roclamation of F ebruary 25, 1941, sion: I ssued P ursuant to Section 6 of the Central U. S. Utilities Co., inter­ Act of Congress Approved J uly 2, Published daily, except Sundays, Mondays, vention denied, etc______1183 1940, and Amending R egulations of and days following legal holidays by the Hearings, etc.: J anuary 15, 1941, Covering the E x­ Division of the Federal Register, The National Allied International Investing portation of Certain Articles and Archives, pursuant to the authority con­ Materials tained in the Federal Register Act, approved Corp______1184 July 26, 1935 (49 Stat. 500), under regula­ British Type Investors, Inc__ 1184 Pursuant to the authority vested in me tions prescribed by the Administrative Com­ Lehman Corp______1185 mittee, approved by the President. by the provisions of section 6 of the act The Administrative Committee consists of Paul Smith’s Hotel Co______1185 of Congress approved July 2, 1940, en­ the Archivist or Acting Archivist, an officer New England Gas & Electric titled “AN ACT To expedite the strength­ of the Department of Justice designated by Ass’n, and Kittery Electric the Attorney General, and the Public Printer ening of the national defense,” I hereby Light Co., declaration prescribe the following additional regu­ or Acting Public Printer. filed______1184 The daily issue of the F ederal R egister lations governing the exportation of the will be furnished by mail to subscribers, free Paul Smith’s Electric Light & articles and materials designated in my of postage, for $1.25 per month or $12.50 per Railroad Co., hearing re­ year; single copies 10 cents each; payable in proclamation of February 25, 1941: advance. Remit money order payable to the opened, etc______1185 1. The articles and materials desig­ Superintendent of Documents directly to the United Gas Improvement Co., nated in my proclamation of February Government Printing Office, Washington, D. C. et a l______1183 25, 1941, pursuant to section 6 of the act Treasury Department: of July 2, 1940, shall be construed to Bureau of the Public Debt: include the following: Offering of Treasury notes: CONTENTS—Continued % percent, Series D-1943__ 1170 (1.) Belladonna: B F 2 percent, 1948-50______1169 Belladonna Leaves, U. NOTICES Redemption of 3% percent S. P. (Belladonnae Treasury Bonds of 1941- Folium) : Department of Agriculture: Belladonna Plaster Rural Electrification Adminis­ 43__ 1168 2209* 2209* War Department: U. S. P. (Emplas- tration: Page trum Belladonnae) Allocation of funds for loans. 1181 Contract summaries: Continental Motors. Corp___ 1171 Extract of Bella­ 2209* 2209* Surplus Marketing Administra­ donna, U. S. P. tion: General Motors Corporation (Buick Motor Division)_1172 (Extractum Bella­ New York Metropolitan Milk donnae) Marketing Area, handling Weston Electrical Instrument Corp------1170 Fluid Extract of 2209* 2209* of milk (2 documents)__ 1181 Belladonna Leaf, Department of the Interior: N. F. (Fluid ex­ Bituminous Coal Division: tractum Belladon­ Carrier and Son, et al., hear­ of the Administrator of Export Control I nae Folii) ing reopened, etc______1173 have determined that it is necessary in Tincture of Bella­ 2209* 2209* Consumer’s Counsel Division, the interest of the national defense that donna, U. S. P. memorandum and tem­ on and after this date the following- (Tinctura Bella­ porary relief order______1174 described articles and materials shall not donnae) District Board No. 11, tempo­ be exported from the United States ex­ Belladonna O int- 2209* 2209* rary relief denied, etc___ 1175 cept when authorized in each case by a ment, U. S. P. (Un- license as provided for in Proclamation guentum Bella­ Hearings: No. 2413 of July 2,1940, entitled “Admin­ Adams, William______1177 donna) istration of section 6 of the Act entitled B elladonna Root, Cook, Henry______1179 ‘AN ACT To expedite the strengthening Gibson, Delaney______1180 U. S. P. (Belladon­ of the national defense’ approved July 2, nae Radix) : Hackathorn & Myers_____ 1178 1940.”: Lucas, N. J______1178 Fluid Extract of Bel- 2209* 2209* Osborne Coal Co______1178 (1) Beryllium 1 a d o n n a Root, Senters, R. I______1179 (2) Graphite electrodes U. S. P. (Fluid ex­ Tierney Mining Co______1176 (3) Aircraft pilot trainers tractum Belladon­ nae Radicis) Tierney Mining Co., and IN WITNESS WHEREOF, I have here­ W. B. Dotson______1176 Belladonna Liniment, 2209* 2209* unto set my hand and caused the seal of N. F. (Linamentum Varney & Rose______1177 the United States of America to be affixed. General Land Office: Belladonnae) DONE at the city of Washington this (2.) Atropine: Stock driveway withdrawals 25th day of February, in the year of our reduced: Atropine, U. S. P. al­ Lord nineteen hundred and kaloid (atropine, Nevada______1180 [seal] forty-one, and of the Independ­ Wyoming™------1181 atropia) : ence of the United States of Atropine Hydro- 8127.9* 8180* Department of Labor: America the one hundred and sixty-fifth. bromide Wage and Hour Division: F ranklin D R oosevelt Atropine Hydro- 8127.9* 8180* Learner employment certifi­ By the President: chloride cates, notice of issuance Cordell H ull Atropine Methyl- 8127.9* 8180* for various industries___ 1182 Secretary of State. bromide Federal Communications Commis­ Atropine Methylni- 8127.9* 8180* sion: [No. 2461] trate Order instituting proceeding of [F. R. Doc. 41-1375; Filed, February 25, 1941; Atropine Nitrate 8127.9* 8180* inquiry and investigation— 1182 4:49 p. m.] Atropine Salicylate 8127.9* 8180* FEDERAL REGISTER, Thursday, February 27, 1941 1157

(2.) Atropine—Con. of July 2, 1940, shall be construed to age shall have been received from or on Atropine, U. S. P. al­ include the following: behalf of the person or persons responsi­ kaloid (atropine, (1.) Beryllium: B F ble for such damage. atropia)—Con. B F Ores and concentrates 6245* 6640* Done at Washington, D. C., this 25th Atropine Sulfate, 8127.9* 8180* (except gem varie­ day of February 1941. U. S. P. (Atropine ties) [seal] G rover B. H ill, Sulfae) Metal, alloys and scrap 6249* 6640* Acting Secretary of Agriculture. Atropine Sulfuric 8127.9* 8180* Beryllium salts and 8399.9* 8399* [F. R. Doc. 41-1414; Filed, February 26, 1941; Acid compounds 11:50 a. m.] Atropine Valerate 8127.9* 8180* (2.) Graphite electrodes 5473 5960* (3.) Sole Leather 0324 0328 (3.) Aircraft Pilot Train- 9190* 9190* Bends, backs, and sides ers: CHAPTER VIII—SUGAR DIVISION OF (4.) Belting Leather 0330 0359* Trainers for ground in­ THE AGRICULTURAL ADJUST­ 2. The numbers appearing in the col­ struction of pilots, MENT ADMINISTRATION student pilots, and umns designated B and P in paragraph P art 802—Sugar D eterminations 1 hereof refer to the numbers in Sched­ combat crews for air­ ule B “Statistical Classification of Do­ craft in instrument DETERMINATION OF FAIR AND REASONABLE mestic Commodities Exported from the flying, navigation, WAGES FOR PERSONS EMPLOYED IN THE United States,” and Schedule F “Foreign bombing, or gunnery PRODUCTION, CULTIVATION OR HARVESTING Exports (Re-Exports),” respectively, is­ OF SUGARCANE IN PUERTO RICO DURING 2. The numbers appearing in the col­ THE CALENDAR YEAR 1941 sued by the United States Department umns designated B and F in paragraph 1 of Commerce, both effective January 1, hereof refer to the numbers in Schedule Whereas section 301 (b) of the Sugar 1941. The words are controlling and the B “Statistical Classification of Domestic Act of 1937, as amended, provides, as one numbers are included solely for the pur­ Commodities Exported from the United of the conditions for payment to pro­ pose of statistical classification. An as­ States,” and Schedule F “Foreign Exports ducers of sugar beets and sugarcane, as terisk (*) indicates that the classifica­ (Re-Exports),” respectively, issued by the follows: tion herein is not co-extensive with that United States Department of Commerce, That all persons employed on the farm in in said Schedules B and F. both effective January 1, 1941. The the production, cultivation, or harvesting of 3. Regulations 2 to 12 inclusive of the words are controlling and the numbers sugar beets or sugarcane with respect to Regulations issued July 2, 1940,1 pur­ which an application for payment is made are included solely for the purpose of shall have been paid in full for all such work, suant to section 6 of the act of July 2, statistical classification. An asterisk (*) and shall have been paid wages therefor at 1940, are applicable to the exportation indicates that the classification herein is rates not less than those that may be deter­ of the articles and materials listed in not co-extensive with that in said Sched­ mined by the Secretary to be fair and reason­ paragraph 1 (1.) through (4.) inclusive. able after Investigation and due notice and ules B and F, opportunity for public hearing; and in mak­ 4. Executive Order No. 86402 is hereby 3. Regulations 2 to 12 inclusive of the ing such determinations the Secretary shall amended to include within its provisions take into consideration the standards there­ Regulations issued July 2,1940,1 pursuant the articles and materials designated in for formerly established by him under the to section 6 of the act of July 2, 1940, Agricultural Adjustment Act, as amended, my proclamation of February 25, 1941. are applicable to the exportation of the and the differences in conditions among var­ F ranklin D R oosevelt ious producing areas: Provided, however, articles and materials listed in paragraph That a payment which would be payable ex­ T he W hite H ouse, 1 (1.) through (3.) inclusive. cept for the foregoing provisions of this sub­ February 25, 1941. 4. Executive Order No. 86402 is hereby section may be made, as the Secretary may determine, in such manner that the laborer [No. 86931 amended to include within its provisions will receive an amount, insofar as such pay­ [F. R. Doc. 41-1376; Filed, February 25, 1941; the articles and materials designated in ment will suffice, equal to the amount of the 4:49 p. m.] my proclamation of February 25, 1941. accrued unpaid wages for such work, and th at the producer will receive the remainder, F ranklin D R oosevelt if any, of such payment. T he W hite H ouse, and whereas The Secretary of Agricul­ EXECUTIVE ORDER February 25, 1941. ture, on January 7, 1941, held a public P rescribing R egulations G overning the ENo. 86943 hearing in San Juan, Puerto Rico, for the Exportation op Articles and M ate­ purpose of receiving evidence likely to be [F. R. Doc. 41-1377; Filed, February 25, 1941; rials D esignated in the P resident’s 4:49 p. m.] of assistance to him in determining fair P roclamation of F ebruary 25, 1941, and reasonable wage rates for persons I ssued Pursuant to S ection 6 of the employed in the production, cultivation, Act of Congress Approved J uly 2, Rules, Regulations, Orders or harvesting of sugarcane in Puerto Rico 1940, and Amending R egulations of during 1941. Now, therefore, I, Claude R. Wickard, J anuary 15, 1941, Covering the Ex­ TITLE 7—AGRICULTURE portation of Certain Articles and Secretary of Agriculture, after investiga­ Materials SUBTITLE A—OFFICE OF THE SEC­ tion and due consideration of the evi­ dence obtained at the aforesaid hearing Pursuant to the authority vested in me RETARY OF AGRICULTURE [Memorandum No. 889] and all other information before me, do by the provisions of section 6 of the act hereby make the following determina­ of Congress approved July 2, 1940, en­ D elegation of Authority to the S olici­ tion: titled “AN ACT To expedite the strength­ tor to Execute R eleases ening of the national defense,” I hereby § 802.44c Fair and reasonable wages prescribe the following additional regu­ Pursuant to the authority vested in for persons employed in the production, lations governing the exportation of the the Secretary of Agriculture by law (Rev. cultivation or harvesting of sugarcane in articles and materials designated in my Stat. 161; 5 U.S.C. 22), the Solicitor of Puerto Rico during the calendar year proclamation of February 25, 1941: the Department of Agriculture (and, in 1941—(a) Day rates for persons em­ ployed on farms other than interior 1. The articles and materials desig­ his absence, the Acting Solicitor) is nated in my proclamation of February hereby authorized to execute a release of farms. All persons employed on farms 25, 1941, pursuant to section 6 of the act liability, with respect to damage caused other than interior farms on a day basis to property of the United States under in the production, cultivation, or har­ 15 F JR. 2469. the control of the Department, when vesting of sugarcane with respect to •6 F.R. 455. payment of the full amount of such dam­ which application for payment under the 1158 FEDERAL REGISTER, Thursday, February 27, 1941

Sugar Act of 1937, as amended, is made (2) The hourly, or the overtime, equiv­ Acting pursuant to the authority vested shall be paid wages in cash therefor at alent of the rates provided in paragraph in it by the Civil Aeronautics Act of 1938, rates not less than the following: (c) or (d) above, whichever paragraph as amended, particularly sections 205 For the first eight hours of work per­ is applicable. (a), 602 (a) and 602 (b) of said Act, and formed in any 24-hour period: For han­ (f) Bonus. For each fortnight of the finding that its action is desirable in the dling carts in operations other than har­ period from January 1, 1941, to June 30, public interest and is necessary to carry vesting, $1.10; cutting cane, operating 1941, both inclusive, the aforesaid wage out the provisions of, and to exercise and winches, making ditches and operating rates shall be increased in accordance perform its powers and duties under, said irrigation pumps, $1.21; loading cane on with the scale set forth below, whenever Act, the Civil Aeronautics Board amends railroad cars (including cars on portable the average price of raw sugar, duty paid the Civil Air Regulations as follows: track) and handling portable track, basis, is $3.00 or more, per hundred Effective March 11, 1941, the Civil Air $1.45; handling carts in harvesting oper­ pounds, for any such fortnight: Regulations are amended as follows: ations, $1.38; loading cane carts, $1.32; Increase per day 1. By amending § 20.127 to read as fol­ driving tractor plows, $1.70; and for all Fortnightly average price over basic day lows: other kinds of work, not lfess than $1.00: of sugar per cwt.: wage (cents) $3.00 but not more than $3.249_____ 10 § 20.127 Aeronautical skill. Applicant Provided, however, That for ditch mak­ More than $3.249 but not more than ers or cleaners who work in water, the $3.499 ______20 shall satisfactorily demonstrate his abil­ applicable rate shall be for the first seven More than $3.499 but not more than ity to pilot aircraft in solo flight and, in hours of work performed in any 24-hour $3.749 _____ 30 addition to normal take-offs, turns, and period. More than $3.749______40 landings, to perform satisfactorily the The average price of raw sugar, duty following maneuvers: (b) Day rates for persons employed on paid basis, shall be determined in ac­ interior farms. All persons employed on (a) A series of three landings from an cordance with the prevailing method altitude not to exceed 1,000 feet, with interior farms on a day basis in the pro­ used between processors and growers for duction, cultivation, or harvesting of engine throttled and a 180° turn, the air­ the computation of the price of sugar­ craft touching the ground in normal sugarcane with respect to which applica­ cane. The above increases shall also be tion for payment under the said Act is landing attitude beyond and within 300 applied to the daily earnings or workers feet of a line or point designated by the made shall be paid wages in cash there­ employed on a piece-work basis. Pay­ for at rates not less than the following: examining inspector for the Adminis­ ment for part of a day’s work on a day trator. For the first eight hours of work per­ or piece-work basis shall be paid in (b) A spiral in each direction of not formed in any 24-hour period: For han­ proportion. less than three full turns, in a banked dling carts in operations other than har­ (g) General provisions. (1) Interior attitude of not less than 60°, with engine vesting, $1.00; cutting cane, operating farms shall be deemed to be those farms throttled. winches, making ditches and operating the sugarcane from which is marketed (c) The following three maneuvers: irrigation pumps, $1.10; loading cane on (or processed) at mills located in the (1) Three shallow figure eights either “on railroad cars (including cars on portable mountain sections of the island and pylon” or “around pylon”; (2) three steep track) and handling portable track, $1.38; whose 1938 production did not exceed figure eights either “on pylon” or “around handling carts in harvesting operations, 3,000 short tons of sugar, raw value. pylon”; and (3) one 720° power turn in $1.21; loading cane carts, $1.21; driving (2) The producer shall furnish to the each direction in a banked attitude of tractor plows, $1.54; and for all other laborer, without charge, the perquisites at least 60°. During each of these kinds of work, not less than $1.00: Pro­ customarily furnished by him, such as a maneuvers the total variation in altitude vided, however, That for ditch makers or dwelling, garden plot, pasture lot, and shall not exceed 200 feet. cleaners who work in water, the appli­ medical services; and the producer shall (d) A right-hand and a left-hand spin, cable rate shall be for the first seven hours not, through any subterfuge or device each of at least one full turn.1 of work performed in any 24-hour period. whatsoever, reduce the wage rates to (e) Coordination exercises, straight (c) Hourly rates. All persons em­ laborers below those determined above. climbs, climbing turns, slips and emer­ ployed on a farm on an hourly basis in (3) Nothing in this determination gency maneuvers such as simulated the production, cultivation, or harvesting shall be construed to mean that a pro­ forced landings, recovery from stalls en­ of sugarcane with respect to which ap­ ducer may qualify for a payment under tered from both level and steeply banked plication for payment under the said the said Act who has not paid in full the attitudes, and such other maneuvers as Act is made shall be paid in cash the amount agreed upon between the pro­ the examining inspector for the Adminis­ hourly equivalent of the rates provided ducer and the laborer. (Sec. 301, 50 Stat. trator may deem necessary and appro­ in paragraph (a) or (b) above, whichever 909; 7 U.S.C., 1131) priate to demonstrate the competency of paragraph is applicable. Done at Washington, D. C., this 26th the applicant for the certificate or rating (d) Overtime. All persons employed day of February, 1941. Witness my hand sought. on a farm in the production, cultivation, and the seal of the Department of (f) Under ordinary circumstances, or harvesting of sugarcane with respect Agriculture. none of the maneuvers provided for in § 20.127 shall be disregarded, but any to which an application for payment [seal] Claude R. W ickard, under the said Act is made shall be paid Secretary. such maneuver may be modified or elimi­ for more than eight hours (or seven hours nated by the examining inspector for the [F. R. Doc. 41-1411; Filed, February 26, 1941; Administrator if such action is appro­ for ditch makers or cleaners who work 11:50 a. m.] in water) in any 24-hour period at a rate priate to the special characteristics of the double the hourly equivalent of the rates aircraft used in the test. In any such provided in paragraphs (a), (b), and (c) TITLE 14—CIVIL AVIATION case the applicant shall be limited to hereof. the particular makes and models, or gen­ CHAPTER I—CIVIL AERONAUTICS eral types, of aircraft specified in his (e) Piece rates. All persons employed AUTHORITY on a piece rate basis in the production, Airman Rating Record. cultivation, or harvesting of sugarcane [Amendment 101, Civil Air Regulations] 2. By amending § 20.127 to read as with respect to which application for pay­ Amending Aeronautical Skill R equire­ follows: ment under the said Act is made shall ments for P rivate and Commercial § 20.147 Aeronautical skill. Same as be paid wages in cash therefor at rates P ilot Certificates in § 20.127 except as follows: not less than the greater of either: PART 20— PILOT RATINGS (1) The piece rates established for At a session of the Civil Aeronautics 4 At his discretion, the examining inspector may ride with the applicant during these similar work performed on the farm for Board held at its office in Washington, maneuvers or may permit a certificated in­ the calendar year 1939; or D. C., on the 25th day of February 1941. structor to do so. FEDERAL REGISTER, Thursday, February 27, 1941 1159

(a) In the maneuvers required by operation. In addition, for either day or PART 61— SCHEDULED AIR CARRIER RULES § 20.127 (a), the aircraft shall touch the night operation, applicant shall show (INTERSTATE) ground within 200 feet beyond the line that the proposed route is equipped with 6. By amending § 61.7720, not includ­ or point designated. radio ranges (or equivalent facilities) ing §§ 61.77200 (a), 61.77201 (b), and (b) In each of the maneuvers re­ adequate for safe air carrier operation, 61.77202 (c), to read as follows: quired by § 20.127 (c) the total variation projecting courses over the proposed in altitude shall not exceed 100 feet. route. The applicant may show, in lieu § 61.7720 Communications failure. In (c) In the spins required by § 20.127 of courses projected over the proposed the event of inability to maintain two- (d), the applicant shall perform a two- route by such radio ranges or equivalent way communication with the appropriate turn spin in each direction with an error facilities, (1) That instrument navigation communications station or in the event of not more than plus or minus 10 may be safely conducted over the pro­ that the pilot does not receive radio .sig­ degrees. posed route by the use of radio direction nals sufficient to permit him to main­ finding equipment installed in the air­ tain instrument flight to any point 3. By striking Note 13 to § 20.60 (b) craft, and (2) that a practical alternate cleared to or otherwise specified in the and substituting in lieu thereof the route, equipped with radio range stations approved flight plan, one of the follow­ following: (or equivalent facilities) projecting ing procedures shall be observed: «This section does not permit a person courses over such alternate route, exists By the Civil Aeronautics Board. limited to the operation of aircraft incapable between the terminals of the proposed of spinning under §§ 20.107 and 20.127 (f) to [seal] D onald W. Nyrop, operate aircraft which are capable of spin­ route ^ Acting Secretary. ning, nor does it permit persons, who, by rea­ (b) Applicant shall also show such son o%physical deficiencies or for other rea­ sons, have been limited under § 20.124 to the other radio navigational aids (including [P. R. Doc. 41-1384; Piled, February 26, 1941; operation of a particular make or model of radio markers) as are necessary for safe 11:08 a. m.] aircraft or a general type of aircraft, to oper­ air carrier operation. ate other makes or models or other general types. 2. By amending § 40.310 to read as follows: PART 21— AIRLINE TRANSPORT PILOT RATING TITLE 16—COMMERCIAL PRACTICES § 40.310 Airway. Applicant shall meet 4. By amending § 21.174 (e) to read as the requirements of § 40.200 and shall CHAPTER I—FEDERAL TRADE follows: show that the proposed route is equipped COMMISSION with such obstruction lights as are nec­ §21.174 (e) Sections 21.170 through [Docket No. 3021] 21.173 shall be applicable when the flight essary for safe air carrier operation at tests are conducted in aircraft of a gross night. In addition, applicant shall show P art 3—D igest of Cease and D esist weight in excess of 10,000 pounds; other­ that the proposed route is equipped with Orders wise the pilot shall be required to demon­ such airway beacon lights and radio ranges (or equivalent facilities) as are IN THE MATTER OF ALLEN B. WRISLEY strate his aeronautical skill in accordance COMPANY ET AL. with § 20.147. necessary for safe air carrier operation. By the Civil Aeronautics Board. 3. § 40.320 is amended to read as § 3.66 (a7) Misbranding or mislabel­ follows: ing—Composition: § 3.69 (b) (1) Mis­ [seal] Donald W. Nyrop, representing oneself and goods—Goods— Acting Secretary. § 40.320 Airway. Same as § 40.220. Composition: § 3.96 (a) (1) Using mis­ [P. R. Doc. 41-1383; Piled, February 26, 1941; leading name—Goods—Composition. In 11:08 a. m.] PART 60— AIR TRAFFIC RULES connection with offer, etc., in interstate 4. By amending § 60.342 to read as commerce or in the District of Columbia, follows: of soap, (1) representing in any manner [Amendment 102, Civil Air Regulations] that a soap which does not contain olive § 60.342 Right side traffic. Aircraft oil to the exclusion of all other oils is R evising the R egulations G overning operating along a civil airway shall keep an olive oil soap; or (2) using the brand I nstrument F light to the right of the radio range course names or labels “Olivilo”, “Royal Olive PART 40—AIR CARRIER OPERATING CERTIFICA­ projected along the airway, or if no Oil Pure”, “Purito Olive Oil Castile”, TION (INTERSTATE) radio range course is projected along the “Olive-Skin Pure Toilet Soap”, or “Del airway, shall keep to the right of the Gloria Castile Made With Pure Olive At a session of the Civil Aeronautics center line of the airway except: Oil”, or other brand names or labels Board of the Civil Aeronautics Author­ (a) When impracticable for reasons of of similar import or meaning containing ity held at its office in Washington, D. C., safety; the word “Olive” or the letters “oliv” or on the 25th day of February 1941. (b) When otherwise instructed or au­ any equivalent term, to describe, desig­ Acting pursuant to the authority vested thorized by an airway traffic control cen­ nate or in any way refer to soap the oil in it by the Civil Aeronautics Act of 1938, ter of the Administrator; content of which is not wholly olive oil; as amended, particularly sections 205 (a), prohibited; subject to the provision that 601 (a), and 604 of said Act, and finding (c) In the case of inbound aircraft operating on instruments and using the nothing contained herein shall prevent that its action is desirable in the public the respondents from using brand names interest and is necessary to carry out the on course signal of the radio range; (d) When landing or taking off. containing the word “olive”, or any de­ provisions of, and to exercise and per­ rivative thereof or other word or words form its powers and duties under, said 5. By amending § 60.572, not including of similar import or meaning, to describe Act, the Civil Aeronautics Board amends §§ 60.5720 (a), 60.5721 (b), and 60.5722 or designate a soap containing olive oil the Civil Air Regulations as follows: (c), to read as follows: combined with other oil or oils, if re­ Effective February 25, 1941, Parts 40, § 60.572 Communications failure. In spondents shall, clearly, conspicuously 60, and 61 of the Civil Air Regulations, as the event of the electrical or the mechan­ and truthfully designate that such soap amended, are amended as follows: ical failure of aircraft two-way com­ is not made wholly of olive oil, and if 1. By amending § 40.220 to read as munication equipment or in the event olive oil is present in said soap in an follows: that the pilot does not receive radio sig­ amount sufficient substantially to effect § 40.220 Airway, (a) A pplicant nals sufficient to permit him to main­ its detergent or other qualities, and sub­ shall meet the requirements of § 40.200 tain instrument navigation, one of the ject to further provision that the pro­ for day operation, or of § 40.210 for night following procedures shall be observed. hibitions of this order shall not apply 1160 FEDERAL REGISTER, Thursday, February 27, 1941

to the trade names or labels “Palm is not wholly olive oil. Nothing con­ are available at the Statistical Bureaus and Olive Oil Soap”, “Palm and Olive tained herein shall prevent the respond­ of the Division.) Soap” and “Oliv-Palm Complexion ents from using brand names containing Dated: February 24, 1941. Soap.” (Sec. 5, 38 Stat. 719, as amended the word “olive,” or any derivative there­ by sec. 3, 52 Stat. 114; 15 U.S.C., Supp. of or other word or words of similar im­ [seal] H. A. G ray, IV, sec. 45i) [Modified cease and desist port or meaning, to describe or designate Director. order, Allen B. Wrisley Company et al., a soap containing olive oil combined with [F. R. Doc. 41-1407; Filed, February 26, 1941; Docket 3021, February 10, 1941] other oil or oils, if respondent shall, 11:41 a. m.] At a regular session of the Federal clearly, conspicuously, and truthfully Trade Commission, held at its office in designate that such soap is not made the City of Washington, D. C., on the wholly of olive oil, and if olive oil is [Docket No. A-365] 10th day of February, A. D. 1941. present in said soap in an amount suf­ ficient substantially to effect its detergent P art 322—Minimum P rice S chedule, This proceeding coming on for further Ditrict No. 2 hearing before the Federal Trade Com­ or other qualities. The prohibition of mission and it appearing that on April 6, this order shall not apply to the trade GRANTING PERMANENT RELIEF IN THE MATTER 1939, the Commission made its findings names or labels “Palm and Olive Oil OF THE PETITIONS OF THE PITTSBURGH COAL as to the facts herein and concluded Soap,” “Palm and Olive Soap,” and COMPANY, A CODE MEMBER IN DISTRICT NO. therefrom that the respondents had vio­ “Oliv-Palm Complexion Soap.” 2, FOR: CHANGES IN MINIMUM PRICES ES­ lated the provisions of section 5 of the It is further ordered, that the respond­ TABLISHED FOR THE COALS OF ITS CHAM­ Federal Trade Commission Act and is­ ents shall, within thirty (30) days after PION # 1 , MONTOUR # 1 0 , MONTOUR # 9 , sued and subsequently served its order to service upon them of this order, file with MIDLAND, LINDLEY AND SOLAR MINES WHEN cease and desist;1 and it further appear­ the Commission a report in writing, set­ SHIPPED FOR RAILROAD FUEL USE ing that on June 12, 1940 the United ting forth in detail the manner and form An original petition, pursuant to sec­ States Circuit Court of Appeals for the in which they have complied with this tion 4 II (d) of the Bituminous Coal Act Seventh Circuit rendered its decision set­ order. of 1937, having been duly filed with the ting aside the Commission’s order to cease By the Commission. Bituminous Coal Division on November and desist with permission to the Com­ [seal] O tis B. J ohnson, 15, 1940, by the Pittsburgh Coal Com­ mission to present an order consistent Secretary. pany, a code member producer in District with such decision, and that on July 18. 2, seeking a revision of the effective min­ 1940, the aforesaid Circuit Court of Ap­ [F. R. Doc. 41-1409; Filed, February 26, 1941; imum price for its mixture composed of peals issued its decree modifying the 11:42 a. m.] 65% of plus iy8” egg coal and 35% of aforesaid order of the Commission and 1 Vs" x 0 slack coals, shipped from the directed the Commission to modify its Champion #1 (Mine Index No. 28), Mon­ aforesaid order to cease and desist in TITLE 30—MINERAL RESOURCES tour #10, known also as Champion #3 accordance with said decree; (Mine Index No. 29), Montour #9 (Mine Now, therefore, pursuant to the provi­ CHAPTER III—BITUMINOUS COAL Index No. 152), Midland (Mine Index No. sions of subsection (i) of Section 5 of the DIVISION 148), Lindley (Mine Index No. 128), and Federal Trade Commission Act, the [Order No. 317] . Solar (Mine Index No. 211) mines of the Commission issues this its modified order original petitioner, to the Pennsylvania, P art 309—R eports; Code M embers to cease and desist in conformity with New York Central, and Erie Railroads for the said Court decree: DIRECTING CODE MEMBERS IN DISTRICT NO. railroad fuel use; and It is ordered, That the respondents, 17 TO FILE MONTHLY REPORTS AS TO THE A hearing having been held before an Allen B. Wrisley Company and Allen B. SALES OF ALL COAL SHIPPED BY TRUCK OR Examiner of the Division at a Hearing Wrisley Distributing Company, also trad­ WAGON Room of the Division, Washington Hotel, ing under the name Regal Soap Com­ The Director being of the opinion that Washington, D. C„ on December 11,1940; pany, their officers, representatives, in order to carry out the provisions of and agents and employees, directly or through the Bituminous Coal Act of 1937, it is The parties to this proceeding having any corporate or other device, and Karl necessary that certain information relat­ waived the preparation and filing of a Mayer, George A. Wrisley and Wrisley ing to the sales of coal shipped by truck Report by the Examiner, and the matter B. Oleson, copartners trading as Karl or wagon from District No. 17 be reported thereupon having been submitted to the Mayer & Company, or trading under any to the Division, therefore, Director; and other name, their agents, representatives Pursuant to the provisions of § 309.54 The Director having made Findings of and employees, in connection with the (c), Fact and Conclusions of Law in this mat­ offering for sale, sale and distribution of It is ordered, That: ter, dated February 24, 1941, which are soap in interstate commerce or in the filed herewith:1 District of Columbia, do forthwith cease Each code member in District No. 17 It is ordered, That the prayers for re­ and desist from: for each mine operated by him shall file, lief in said original petition are hereby for each month beginning with the granted to the following extent: 1. Representing in any manner that a month of March 1941, a report of all From and after the date hereof § 322.1 soap which does not contain olive oil to sales of coal sold and shipped from each (b) Price exceptions shall be amended the exclusion of all other oils is an olive such mine by truck or wagon. This by adding thereto the following price oil soap; monthly report shall be filed within five exception: 2. Using the brand names or labels days after the end of the month at the “Olivilo,” “Royal Olive Oil Pure,” office of the Statistical Bureau of the Di­ The mixture composed of 65% of “Purito Olive Oil Castile,” “Olive-Skin vision for District No. 17 and may be 1 Vs” x 4” , lYs" x 6", or iy8" x 8"; and Pure Toilet Soap,” or “Del Gloria Castile made by filing : 35% of 1 Yb" x 0 coals produced by the Made With Pure Olive Oil,” or other Pittsburgh Coal Company at Champion Either (a), A copy of the truck ticket, No. 1, Montour No. 10 (known also as brand names or labels of similar import sales slip or invoice for each such sale, or meaning containing the word “Olive” Champion No. 3), Montour No. 9, Mid­ giving all the information required by land, Lindley and Solar Mines, (Mine or the letters “oliv” or any equivalent §309.54 (b), or term, to describe, designate or in any Index Nos. 28, 29, 152, 148, 128 and 211, (b), A listing of each of such sales, giv­ respectively) when for shipment to the way refer to soap the oil content of which ing all the information required by Pennsylvania Railroad, New York Cen- § 309.54 (b). (This listing may be made *4 F.R. 1628. on Form BCD No. 468, copies of which 1 Not filed as part of the original document. FEDERAL REGISTER, Thursday, February 27, 1941 1161 tral Railroad, or the Erie Railroad for to apportionment. (February 24, 1941) §§ 4.2226 to 4.2244 inclusive canceled railroad fuel use, shall be included in [Public, No. 866, 76th Congress] February 24, 1941. See §§ 3.1310 to Size Group 6 and shall accordingly take § 3.1314 Action to be taken where 3.1317. the applicable minimum f. o. b. mine payments have not been made under [seal] F rank T. H ines, price for that size group. apportionments. In apportioning disa­ Administrator. bility pension, service pension disability It is further ordered, That any and all [F. R. Doc. 41-1372; Filed, February 25, 1941; compensation, or emergency officers re­ 3:17 p. m.J affirmative relief prayed for by any in­ tirement pay, the provisions of §§ 3.1310 tervener in this proceeding be and the to 3.1317, will be applicable to all cases same is hereby denied. coming within the purview thereof where P art 10—I nsurance Dated: February 24, 1941. apportionments or division of pensions [seal] H. A. G ray, have been made but in which payments INSURANCE CLAIMS COUNCIL Director. have not been made to the dependents § 10.3201 Duties of the insurance [P. R. Doc. 41-1408; Filed, February 20, 1941; for all periods affected. In the case of a claims council. 11:42 a. m.] division of pension, the Act of March 3, * * ♦ * * 1899 will be applicable for all periods (e) The insurance claims council is prior to October 17, 1940. (February 24, authorized to determine the acceptabil­ 1941) [Public, No. 866, 76th Congress] ity of applicants insofar as their mental TITLE 38-PENSIONS, BONUSES, AND § 3.1315 Where apportionment toill be and physical conditions are concerned, VETERANS’ RELIEF determined by the assistant administra­ for insurance under sections 310 and 311 CHAPTER I—-VETERANS’ tor in charge of pensions. Where it is or either, of the World War Veterans ADMINISTRATION clearly shown by competent evidence Act, 1924, as amended and section 602, that the application of the provisions of National Service Life Insurance Act of Part 3—Adjudication: Disallowance §§ 3.1276, 3.1310, and 3.1311, or the fact 1940, and of all applicants for reinstate­ and Award that no apportionment is authorized un­ ment of lapsed insurance, and under all APPORTIONMENTS der § 3.1312, will result in undue hard­ circumstances to make such determina­ ship upon the disabled person or any § 3.1310 Apportionments authorized. tion as may be necessary for insurance one of his dependents and relief can be purposes. The insurance claims council Disability pension, disability compensa­ afforded without undue hardship to the tion, emergency officers retirement pay, is also authorized to select and designate other persons in interest, the complete qualified physicians in such localities in and on and after October 17,1940 service case file will be forwarded by the ad­ pension and pension for service prior to the United States as may be necessary judication officer, or the chief, claims for the purpose of examining such appli­ April 21, 1898, amounting to more than division, with appropriate recommenda­ $20.00 monthly, will be apportioned ac­ cants. (October 8,1940) [Pub., No. 801, tion as to the exact manner of the pro­ 76th Congress] cording to the table provided in § 3.1311, posed relief, through the director, vet­ ***** except where otherwise authorized or erans claims service, to the assistant provided herein— administrator in charge of pensions, who (i) Subject to the provisions of ***** will determine without regard to the pro­ §§ 10.3400 to 10.3469 the insurance claims council is vested with jurisdiction to de­ (February 24, 1941) [Public, No. 866, visions of §§2.1176, 3.1310, 3.1311, and 3.1312, the disability pension, service termine the existence of total disability 76th Congress] in connection with waiver of premiums § 3.1311 Table of apportionments. pension, disability compensation or ***** emergency officers retirement pay which under section 602 (n), National Service will be apportioned and the exact amount Life Insurance Act of 1940, and is au­ (b) When the wife is living separate thorized to require the reexamination of and apart from the disabled person, and to be apportioned to each individual in interest. (February 24, 1941) [Public, persons who have been granted waiver of the child or children are living with her premiums whenever such reexamination and the wife is entitled to an apportioned No. 866, 76th Congress] § 3.1317 Discontinuance of apportion­ is considered necessary by the insurance share of disability pension, disability claims council. (October 8,1940) [Pub., compensation, service pension or emer­ ments: Effective dates. Where disabil­ ity pension, disability compensation, No. 801, 76th Congress] gency officers retirement pay, both on § 10.3204 Appeal from decision by in­ account of herself and the child or chil­ service pension or emergency officers re­ tirement pay is apportioned between the surance claims council. Where the in­ dren, the benefit as provided in para­ surance claims council finds that total graph (a) above will be paid to the wife veteran and his dependents and pay­ ments have been or are being made to disability or permanent and total disa­ in one monthly amount on account of bility does not exist as alleged, such de­ herself and such child or children in her the dependents subsequent to the date of cessation of the condition on which it is nial shall be final. However, a veteran custody. (February 24, 1941) [Public, or his authorized representative shall No. 866, 76th Congress) predicated, the effective date of discon­ tinuance of the apportioned benefit to have the right to file an application for § 3.1312 Apportionment not author­ review on appeal to the Administrator of ized. No apportionment will be author­ the dependent shall be the date of last payment and the award to the veteran Veterans Affairs within one year from ized: the date of mailing of notice of the deci­ ***** will be adjusted accordingly; except that in the event of death, the date of death; sion of the insurance claims council. (g) Of any amount in excess of the divorce, the date preceding the date of Any new and material evidence must be rate for total disability or of the addi­ divorce; in the case of a child, the date submitted within a period of one year or tional amount authorized by the last preceding the sixteenth, eighteenth, or prior to the consideration of the appeal. paragraph of section 202 (3), or section twenty-first birthday, or cessation of Such appeal must be in writing and 202 (5), World War Veterans Act, 1924, school attendance, or the date preceding otherwise comply with the regulations as amended, or the additional amount the date of marriage, will be the effective governing appeals to the Administrator. payable under § 35.011, paragraph n (k), date. (February 24, 1941) [Public, No. An application for review on appeal filed or § 35.012, paragraph n (k). Where 866, 76th Congress] with the activity which entered the de­ pension is being paid under Public, No. § 3.1304 canceled February 11, 1941. nial which is postmarked prior to the 323, 71st Congress (Act of June 9, 1930), See § 3.1300. expiration of the one year period will be no amount in excess of $75.00 monthly accepted as having been filed within the will be subject to apportionment and P art 4—Adjudication: Veterans’ Claims, time limit. (October 8,1940) [Pub. No. where pension is being paid under Public, Central O ffice Section 801, 76th Congress] No. 541, 75th Congress, no amount in § 4.2220 canceled February 24, 1941. § 10.3205 Ratings for insurance ben­ excess of $60.00 monthly will be subject See § 3.1315. efits not applicable for pension or disa- 1162 FEDERAL REGISTER, Thursday, February 27, 1941 bility compensation. Since decisions of rollment shall be granted such insurance (b) As of first day of month in which the insurance claims council determining upon application made within 120 days valid application and tender of premium the existence or non-existence of total or after a subsequent enrollment or en­ are made. total permanent disability for insurance trance into active service and before dis­ (c) As of first day of month following purposes and decisions of ratings agen­ charge or resignation therefrom. The that in which valid application and cies determining the existence or the applicant shall be required to furnish evi­ tender of premium are made. non-existence of total, or total perma­ dence satisfactory to the Administrator (d) As of first day of any month prior nent disability for pension or compensa­ showing that he is in good health at the to the month in which valid application tion purposes are based upon distinctly time of the application. and tender of premium are made, pro­ dissimilar standards, it follows that the (c) Any person upon reenlistment or vided that there be paid (1) an amount former cannot be determinative for pen­ reentrance into or reemployment in ac­ equal to the full reserve on the insur­ sion or compensation purposes and the tive service, including any person who is ance at the end of the month prior to latter cannot be determinative for insur­ discharged from active service to accept the month in which the application is ance purposes. (October 8, 1940) [Pub. a commission, shall be granted insurance No. 801, 76th Congress] made, and (2) the full premium on the effective while in active service, provided amount of insurance for the month in [seal] F rank T. H in es, application therefor is made while the which application is made. Administrator. applicant is in active service and within 120 days following such reenlistment, re­ Unless otherwise specified by the ap­ [F. R. Doc. 41-1371; Filed, February 25, 1941; plicant, the effective date of National 3:17 p. m.] entrance or reemployment, or discharge to accept a commission. The applicant Service Life Insurance shall be estab­ shall be required to furnish evidence sat­ lished as of the date on which valid ap­ isfactory to the Administrator showing plication and tender of premium are P art 10—I nsurance that he is in good health at the time of made; but if the first premium is to be paid by allotment of pay, as in the Navy, NATIONAL SERVICE LIFE INSURANCE the application. The provisions of sec­ tion 602 (c) of the Act shall apply only Marine Corps, and Coast Guard, or by § 10.3400 Applications. Persons in where the reentrance is a continuation deduction from pay as in the Army, the the active service in the land or navaK of previous active service without inter­ effective date of the insurance will be forces (including the Coast Guard) of ruption. When there is an interruption the first day of the month following the the United States, on October 8, 1940, in the active service and a return to month in which application for insur­ and persons entering such service after civilian status, the provisions of section ance and allotment or authorization for that date (including those selected for 602 (a) shall apply except as to a person deduction of premiums are executed: training and service in the land or naval released from active service within 120 Provided, the amount of premium is de­ forces of the United States under the days after enrollment. ducted from the applicant’s service pay Selective Training and Service Act of (d) Any person in the active service in accordance with the allotment or 1940) under orders to active duty for a on October 8, 1940, shall be granted in­ authorization.* period of not less than thirty-one days, surance effective while in active service, Premiums upon written application and payment of provided application therefor is made premiums while in such active service, while the applicant is in active service § 10.3403 Premium rates. National shall be granted National Service Life In­ and within 120 days after October 8, Service Life Insurance is granted at the surance on the five-year level premium 1940. The applicant shall be required to premium rate for the age nearest birth­ term plan for not more than $10,000 or furnish evidence satisfactory to the Ad­ day anniversary of the applicant at the less than $1,000 in multiples of $500, in ministrator showing that he is in good time the policy becomes effective in ac­ accordance with paragraphs (a), (b), health at the time of the application.* cordance with the premium rates pub­ (c), and (d) of this section. Such insur­ lished in Veterans Administration Form *§§ 10.3400 to 10.3469, inclusive, with the 398 entitled “Information and Premium ance must become effective while the ap­ exception noted in the text, issued under the plicant is in active service and in accord­ authority contained in Pub. No. 801, 76th Rates, National Service Life Insurance.”* ance with the provisions of § 10.3402. Cong., Oct. 8, 1940. § 10.3404 Premiums on National Serv­ No person may carry at any one time a ice Life Insurance. National Service Life § 10.3401 Definition of good health. Insurance is granted in consideration of combined amount of National Service The words “good health” when used in Life Insurance and United States Gov­ and subject to the terms and conditions ernment Life Insurance in excess of connection with insurance, mean that set forth in the policy and in further $10,000. Application for National Serv­ the applicant is, from clinical or other consideration of the payment of the ice Life Insurance should be made on evidence, free from disease, injury, ab­ monthly premium due and payable on forms prescribed by the Administrator, normality, infirmity, or residual of dis­ the day the policy takes effect and on the but any statement in writing which in ease or injury to a degree that would same day of each succeeding month dur­ substance meets the requirements of this tend to weaken or impair the normal ing the lifetime of the insured or for the regulation, together with a remittance functions of the mind or body or to period for which premiums are due and sufficient to cover the first monthly pre­ shorten life.* payable as provided by the terms and mium shall be considered as an applica­ § 10.3402 Effective date. The effective conditions of the policy contract.* tion. date of a National Service Life Insur­ § 10.3405 Due date of premiums. ance policy shall not be established prior Premiums on National Service Life In­ (a) Every person entering active serv­ surance are due and payable monthly in ice in the land or naval forces after Oc­ to October 8, 1940, nor prior to the en­ trance of the applicant into active serv­ advance in legal tender of the United tober 8,1940 shall be granted such insur­ States of America to the Treasurer of the ance without medical examination, effec­ ice. The effective date of the policy shall not be established later than the United States in the City of Washington, tive while the applicant is in the active District of Columbia. Premiums may be service, provided application therefor is first day of the month following the date of application, nor after termination of paid annually, semiannually, or quarterly made while the applicant is in active in advance, in which case the premium service and within 120 days after en­ active service. Subject to the foregoing limitations payable will be the sum of the monthly trance into such service. Entrance into premiums for the period discounted at 3 active service shall include a reentrance, the effective date of a National Service Life Insurance policy may be established per centum per annum. The discounted but the provisions of section 602 (a) of premiums for these periods are stated on the act shall not apply where the re­ upon written request by the applicant as follows: the first page of the policy. At maturity entrance is a continuation of previous the discounted value at 3 per centum per active service without interruption. (a) As of the date on which valid ap­ annum of the premiums paid in advance (b) Any person who is released from plication and tender of premium are beyond the current month shall be re­ active service within 120 days after en­ made. funded to the beneficiary. If any pre- FEDERAL REGISTER, Thursday, February 27, 1941 1163 mlum be not paid when due, the policy tion become effective on the first day of a duction of insurance premiums on Na­ shall cease and become void except as succeeding month. tional Service Life Insurance shall cease otherwise provided.* (d) The authorization may be can­ and the authorization shall terminate if § 10.3406 Payment of premiums, in­ celed by the insured at any time by no­ the disability compensation, emergency sured in the active military, naval, or tice in writing to the Veterans Adminis­ officers retirement pay, or pension be­ coast guard service. Premiums on Na­ tration. Such cancelation will be effective comes insufficient to provide the pre­ tional Service Life Insurance may be paid on the first day of the month following mium, or if disability compensation, by persons in the active military or naval the month in which it is received by the emergency officers retirement pay, or service under the War Department, Navy Veterans Administration. pension is no longer due and payable to Department, or Coast Guard Service (a) (e) If the benefits payable to the in­ the insured. The insurance shall lapse by direct remittance to the Veterans Ad­ sured are apportioned under the regula­ after the termination or cancelation of ministration, or (b) by allotment of pay tions of the Veterans Administration now the authorization to deduct premiums as in the Navy, Marine Corps, and Coast in effect or hereafter issued, the deduc­ from disability compensation, emergency Guard, or (c) by deduction from pay as tion authorized by the insured shall be officers retirement pay, or pension unless in the Army: Provided, That such allot­ from that portion awarded to the in­ the premium be otherwise paid within ment of pay or authorization for deduc­ sured under such regulations.* the grace period. The insured will be tion from pay is executed effective within notified, by letter directed to his last ad­ § 10.3409 Effective date of authoriza­ dress of record, of the termination of the the month preceding the month in which tion for deduction of insurance premiums the said premium is due and payable, and authorization to deduct premiums; but from disability compensation, emergency the failure to give such notice or the fail­ the amount of the premium is deducted officers retirement pay, or pension* from the insured’s service pay in accord­ ure to receive such notice, shall not pre­ When premium deductions are author­ vent lapse of the insurance.* ance with the allotment or authoriza­ ized by the insured under National Serv­ tion.* ice Life Insurance, in accordance with Grace Period § 10.3407 Payment of insurance pre­ the provisions of Veterans Administra­ miums by mail. When it appears by § 10.3414 Establishment of grace pe­ tion regulations, the Veterans Adminis­ riod. For the payment of any premium proof satisfactory to the Administrator tration will make monthly deductions of Veterans Affairs that the person to under a National Service Life Insurance from the disability compensation, emer­ policy, a grace period of thirty-one days whom insurance has been granted under gency officers retirement pay, or pension, the National Service Life Insurance Act without interest will be allowed, during due and payable to the insured, of an which time the policy will remain in of 1940, or any person authorized to act amount sufficient to pay the monthly on his behalf, has deposited in the mail force; but if the policy shall mature premium on the insurance. Such deduc­ within the grace period, the unpaid pre­ within the grace period allowed by regu­ tions shall begin with the month in lation for payment of a premium an en­ mium or premiums shall be deducted which the authorization is effective and from the amount of insurance payable.* velope, properly addressed to the Vet­ continue so long as the disability com­ erans Administration, Washington, D. C., § 10.3415 Computation of grace pe­ pensation, emergency officers retirement riod. For the purpose of determining or to a regional office or facility of the pay, or pension due and payable to the Veterans Administration, containing whether a premium tendered on National insured is sufficient to pay the monthly Service Life Insurance shall be accepted money, check, draft or money order, in insurance premium, unless the authoriza­ payment of a premium, such insurance and a regular receipt issued therefor, the tion is sooner canceled or otherwise grace period for the payment of the pre­ will not lapse for nonpayment of such terminated.* premium within the grace period: Pro­ mium shall be computed so as to include § 10.3410 Premiums to be deducted 31 days from and after the date on which vided, That such envelope is delivered to from disability compensation, emergency the Veterans Administration without re­ the premium was due. But if the last officers retirement pay, or pension, day of the grace period falls on Sunday turn to the sender; and provided further, treated as paid, for purpose of prevent­ That if tender is by check or draft, such or a legal holiday the premium will be ing lapse. When premium deductions accepted if tendered on the next follow­ draft is honored on presentation for pay­ are authorized by the insured under Na­ ment.* ing business day. The postmark date tional Service Life Insurance, in accord­ will govern the date on which the pre­ § 10.3408 Deduction of insurance pre­ ance with the provisions of Veterans Ad­ miums from disability compensation, mium was tendered. The monthly pre­ ministration regulations, the insurance mium when paid within the grace period emergency officers’ retirement pay, or premium will be treated as paid for the pension. The insured under a National shall be deemed to carry such insurance purpose only of preventing lapse of the in force for the month for which the Service Life Insurance policy may au­ insurance, although such deduction is thorize the monthly deduction of pre­ premium was due. If a premium is not not in fact made, if upon the due date of paid prior to the expiration of the grace miums from disability compensation, the premium there is due and payable to emergency officers’ retirement pay, or period, the effective date of the lapse the insured an amount of disability com­ shall be the due date of the premium in pension that may be due and payable to pensation, emergency officers retirement him under any laws administered by the default.* pay, or pension sufficient to provide the Lapse Veterans Administration in accordance payment. Any premium authorized to be with the following provisions: deducted from disability compensation, § 10.3416 Lapse for nonpayment of (a) The authorization must be in writ­ emergency officers retirement pay, or premium. If any premium be not paid ing over the signature of the insured, and pension due and payable to the insured when due, the National Service Life In­ whenever practicable on such forms as and not actually paid, shall be deducted surance policy shall cease and become may be prescribed by the Veterans Ad­ from any amount of current disability void, except as otherwise provided in the ministration. compensation, emergency officers retire­ policy.* (b) The monthly disability compensa­ ment pay, or pension that may become § 10.3417 Nonlapse while insured is in tion, retirement pay, or pension so due due and payable to the insured. The active military or naval service. Na­ and payable must be equal to, or in ex­ amounts so deducted for premiums shall tional Service Life Insurance will not cess of, the amount of the insurance pre­ be deposited and covered into the treas­ lapse while the insured is in the active mium figured on a monthly basis. ury to the credit of the National Service service in the land and naval forces of (c) The authorization will be effective Life Insurance fund.* the United States, provided premiums for on the first day of the month next fol­ § 10.3411 Termination of the authori­ such insurance have been authorized to lowing the month in which it is received zation to deduct insurance premiums be deducted from the insured’s active by the Veterans Administration, unless from disability compensation, emergency service pay as in the Army, or where the the insured elects to have the authoriza­ officers retirement pay, or pension. De­ insured has executed an allotment of No. 40----- 2 1164 FEDERAL REGISTER, Thursday, February 27, 1941

active service pay as in the Navy or Ma­ mium term policy, accompanied by evi­ 3 per centum per annum. The cash value rine Corps or Coast Guard, except as dence of good health and tender of pre­ at the end of the first policy year and at provided in § 10.3418.* miums with interest must be submitted the end of any policy year thereafter, § 10.3418 Lapse while insured is in prior to the expiration of the five year for which premiums have been paid in active military or naval service. Na­ term period: And provided further, That full, shall be the reserve together with tional Service Life Insurance will lapse the payment or reinstatement of any in­ any dividend accumulations. For each and terminate while the insured is in the debtedness against any policy on a plan month after the first policy year, for active service of the land and naval forces other than five year level premium term which month a premium has been paid, of the United States: must be made, and if such indebtedness the reserve at the end of the preceding (a) When the insured fails to desig­ with interest exceeds the reserve of the policy year shall be increased by one- nate a method of payment at the time of policy at the time of application for rein­ twelfth of the increase in reserve for the applying, or at any time elects to pay statement thereof, then the amount of current policy year. Upon written re­ premiums on said insurance otherwise such excess shall be paid by the appli­ quest therefor and upon complete sur­ than by deduction or by allotment of pay cant as a condition of the reinstatement render of the policy with all claims there­ and such premiums are not paid when of the indebtedness and of the policy.* under, the United States will pay to the due or within the grace period. § 10.3423 Evidence of good health. insured the cash value of the policy less (b) When the insured has not suffi­ The applicant for reinstatement of a any indebtedness.* cient pay accruing before the expiration National Service Life Insurance policy § 10.3428 Policy loan, other than 5- of the grace period from which such al­ must furnish evidence of good health at year level premium term policy. At any lotment or deduction may be withheld time of application satisfactory to the time after the expiration of the first and such premium is not otherwise paid Administrator of Veterans’ Affairs upon policy year and before default in pay­ within the grace period. such forms as the said Administrator ment of any subsequent premium, and (c) When the insured shall forward, shall prescribe or otherwise as he shall upon the execution of a loan agreement through military channels, a written re­ require. The applicant’s own statements satisfactory to the Administrator, the quest over his own signature for the can­ may be accepted as sufficient proof of United States will lend to the insured celation of allotment or authorization for good health, provided the application on the security of his National Service deduction of premiums, and premium is containing such statements, and accom­ Life Insurance policy, on any plan other not otherwise paid within the grace panied or preceded by tender of pre­ than 5-year level premium term, any period. miums and interest thereon, is submitted amount which will not exceed 94 percent (d) When the insured shall request within three months after date of lapse, of the cash value, and any indebtedness over his own signature the cancelation of including the month for which the un­ on the policy shall be deducted from the his insurance in whole or in part. paid premium was due, but whenever amount advanced on such loan. The (e) When the insured collects his ac­ deemed necessary in any such case by the loan shall bear interest at the rate of 5 tive service pay with actual or presump­ Administrator of Veterans’ Affairs report per centum per annum, payable an­ tive knowledge that deduction of pre­ of physical examination may be required. nually; and at any time before default miums has not been made, acquiesces in Applications submitted after the expira­ tion of the said three month period must in the payment of the premium, the loan such failure to deduct premiums, and may be repaid in full or in amounts of makes no provision for otherwise paying be accompanied by report of physical $5.00 or any multiple thereof. Failure said premiums during the grace period.* examination and accompanied or pre­ ceded by tender of premiums. Physical to pay either the amount of the loan or § 10.3419 Lapse at termination of al­ examinations incident to reinstatement the interest thereon shall not avoid the lotment, etc. When the insured under a of insurance shall be acceptable if made policy unless the total indebtedness shall National Service Life Insurance policy by medical officers of the Veterans’ Ad­ equal or exceed the cash value thereof. shall provide for payment of premiums ministration, War Department, Navy De­ When the amount of the indebtedness by allotment of pay as in the Navy, Ma­ partment, United States Public Health equals or exceeds the cash value the rine Corps, or Coast Guard service, or by Service or by physicians designated by policy shall cease and become void.* deduction from pay as in the Army, any the Administrator of Veterans’ Affairs to § 10.3429 Provision for extended in­ of premiums shall be deemed to be re­ make such examinations.* surance, other than 5-year level premium voked. The insurance will lapse at the term policies. After the expiration of expiration of an allotment or authoriza­ Dividends the first policy year and upon default in tion for deduction, or at time of dis­ the payment of a premium within the charge or resignation, unless the pre­ § 10.3426 Dividends. A National Serv­ grace period, if a National Service Life mium is paid prior to the expiration of ice Life Insurance policy shall participate Insurance policy on any plan other than the grace period.* in and receive such dividends from gains 5-year level premium term has not been and savings as may be determined by the Reinstatement surrendered for cash or for paid-up in­ Administrator of Veterans Affairs. Any surance, the policy shall be extended § 10.3422 Reinstatement of National dividends so apportioned shall be paid automatically as term insurance for an Service Life Insurance. Subject to the in cash, unless the insured shall request amount of insurance equal to the face provisions of the National Service Life that they be left on deposit to accumulate value of the policy less any indebtedness Insurance policy, or any amendment or at such rate of interest as the Adminis­ for such time from the due date of the supplement thereto, any insurance which trator of Veterans Affairs may determine, premium in default as the cash value has lapsed, or may hereafter lapse, and and credited annually and payable if not less any indebtedness will purchase when. which has not been surrendered for a previously withdrawn at the maturity of applied as a net single premium at the cash value or for paid-up insurance, may the policy to the person entitled to its attained age of the insured. The ex­ be reinstated upon written application proceeds.* tended insurance shall not have a loan signed by the applicant, and upon pay­ § 10.3427 Cash value, other than 5- value, but shall have a cash value.* ment of all premiums in arrears, with in­ year level premium term policy. Provi­ § 10.3430 Provision for paid-up insur­ terest from their several due dates at the sions for cash value, paid-up insurance, ance, other than 5-year level premium rate of 5 per centum per annum, provided and extended insurance under National term policies. If a National Service Life such applicant is in good health and shall Service Life Insurance on any plan other Insurance policy on any plan other than submit such evidence of the condition of than the five-year level premium term 5-year level premium term has not been his health at the time of application and plan shall become effective at the com­ surrendered for cash, upon written re­ tender of premiums, as may be satisfac­ pletion of the first policy year; all values, quest of the insured and complete sur­ tory to the Administrator of Veterans’ reserves, and net single premiums being render of the policy with all claims there­ Affairs: Provided, That application for based on the American experience table under, after the expiration of the first reinstatement of a five year level pre­ of mortality, with interest at the rate of policy year and while the policy is in FEDERAL REGISTER, Thursday, February 27, 1941 1165 force under premium paying conditions, plete surrender of the policy while in the insured of the termination of the the United States will issue paid-up in­ force on a premium payment basis.* premium waiver, nor prior to the expira­ surance for such amount as the cash § 10.3436 To a policy at a lower rate tion of the grace period allowed for the value less any indebtedness will purchase of premium as of original effective date. payment of the first premium thereafter when applied as a net single premium National Service Life Insurance may be payable, said notice to be sent by regis­ at the attained age of the insured. Such exchanged within five years from the tered mail with return receipt requested paid-up insurance will be effective as of effective date for insurance of the same to the insured’s last address of record. the expiration of the period for which amount, bearing the same date, and The mailing of such letter to the in­ premiums have been paid and earned; based on the same age, to any plan of sured’s last address of record as herein and, any premiums paid in advance for insurance issued by the Veterans Admin­ provided shall constitute sufficient notice months subsequent to that in which the istration at a lower rate of premium, ex­ to the insured even though he should fail application for paid-up insurance is cept to the five-year level premium term to receive such letter. made shall be refunded to the Insured. plan: Provided, The applicant is in good If the insured shall fail to furnish evi­ The paid-up insurance shall be with health at the time of application and dence satisfactory to the Administrator right to dividends. The insured may at furnishes evidence thereof satisfactory to of the continuance of such total disabil­ any time surrender the paid-up policy the Administrator upon such forms as ity, or if he should otherwise fail to coop­ for its cash value or obtain a loan on such the Administrator shall prescribe, or erate with the Administrator in the mat­ paid-up insurance.* otherwise as he shall require. The old ter of reexaminations for the purpose of policy must be in force under premium determining whether total disability has Change in Plan paying conditions and must be surren­ continued the premium waiver shall dered with all rights and claims there­ cease.* § 10.3433 Exchange of a five-year under. The difference between the re­ § 10.3443 Total disability. Total dis­ level premium term policy as of a current serve on the old policy and the reserve ability as referred to herein is any im­ effective date. National Service Life In­ on the new policy, less any indebtedness, pairment of mind or body which con­ surance on the five-year level premium may be used to cover payment of future tinuously renders it impossible for the term plan which has been in force at premiums or withdrawn in cash at the insured to follow any substantially gain­ least one year may be exchanged, ef­ option of the insured. If the old policy ful occupation.* fective as of the date any premium be­ has been in force for less than twelve Beneficiaries comes due within the five-year term months, the difference in reserve may be period, for insurance of the same amount used only for the purpose of paying fu­ § 10.3446 Beneficiary designations. on any other plan issued by the Veterans ture premiums on the insurance and The insured shall have the right to des­ Administration under the National Serv­ such premiums shall not be subject to ignate a beneficiary or beneficiaries, but ice Life Insurance Act, 1940, upon pay­ withdrawal by the insured.* only within the following classes to be ment of the current monthly premium known as the permitted class of desig­ at the attained age of the insured for the Premium Waivers and Total Disability nated beneficiaries: plan of insurance selected. The reserve § 10.3440 Requirements for waiver of Wife (husband), child (including an (if any) on the policy will be allowed as premiums. Upon application made by adopted child, stepchild, illegitimate a credit on the current monthly pre­ the insured while the insurance is in child), parent (including person in loco mium. Such exchange will be made force on a premium paying basis, pay­ parentis), brother or sister (including without medical examination and upon ment of premiums may be waived during those of the half blood) of the insured. complete surrender of the policy while continuous total disability of the insured A beneficiary designation shall be made in force on a premium payment basis.* which commenced subsequent to the by notice in writing to the Veterans Ad­ § 10.3434 Exchange of a five-year effective date of such insurance, and ministration signed by the insured. An level premium term policy as of a date which has existed for six consecutive original beneficiary designation may be prior to the current month. National months or more prior to attainment by made by last will and testament duly pro­ Service Life Insurance on the five-year the insured of the age of 60 years. The bated, but no change of benefieiary may level premium term plan which has been insured shall be required to furnish proof be made by last will and testament. A in force at least one year may be ex­ satisfactory to the Administrator show­ stepchild, illegitimate child, and person changed, effective as of the date any ing that he is and has been continu­ in loco parentis cannot be paid under the premium has become due within the ously totally disabled for six months or Act unless specifically designated as a five-year term period, for insurance of more.* beneficiary by the insured. A designa­ the same amount on any other plan is­ § 10.3441 Effective date of waiver of tion of beneficiary need not be made in sued by the Veterans Administration un­ premium. The waiver of premium shall the application for insurance, but may der the National Service Life Insurance be made effective at any time within a be made at a later date.* Act, 1940, upon payment of the difference period of not more than six months prior § 10.3447 jBeneficiary changes. The between the reserve on the new policy to date of application; but in no event insured shall have the right at any time, and the reserve on the old policy. Such shall the waiver become effective prior to and from time to time, and without the exchange will be made without medical the first day of the seventh month of knowledge or consent of the beneficiary examination and upon complete surren­ such continuous disability. Premiums to cancel the beneficiary designation, or der of the policy while in force on a tendered to cover a period during which to change the beneficiary within the premium payment basis.* said waiver is effective shall be refunded.* class of beneficiaries set forth in § 10.3446. § 10.3435 To a policy at a higher rate § 10.3442 Discontinuance of premium A change of beneficiary to be effective of premium as of original effective date. waiver. The Administrator shall require must be made by notice in writing signed National Service Life Insurance on any proof of total disability at any time when by the insured and forwarded to the Vet­ plan other than five-year level premium he may deem the same necessary, and in erans Administration by the insured or term may be changed to insurance of the the event it is found that an insured is his agent, and containing sufficient in­ same amount, as of the same date and no longer totally disabled, the waiver of formation to identify the insured. based on the same age, on any plan of premiums shall cease as of the date of Whenever practicable such notices shall insurance issued by the Veterans Admin­ such finding, and the insurance may be be given on blanks prescribed by the Vet­ istration under the National Service Life continued by payment of premiums, the erans Administration. Upon receipt by Insurance Act of 1940 at a higher rate due date of the first premium after the the Veterans Administration, a valid des­ of premium, upon payment of the differ­ waiver has terminated being the next ignation or change of beneficiary shall ence between the reserve on the new regular monthly due date of the premium be deemed to be effective as of the date policy and the reserve on the old policy. under the policy; provided, however, that of execution: Provided, That any pay­ Such exchange will be made without the insurance shall not lapse within ment made before proper notice of des­ medical examination and upon the com­ thirty-one days after date of notice to ignation or change of beneficiary has 1166 FEDERAL REGISTER, Thursday, February 27, 1941

been received in the Veterans Adminis­ insured, payment shall be made in equal United States Army, United States Navy, tration shall be deemed to have been monthly installments for 120 months United States Marine Corps, or United properly made and to satisfy fully the certain, with such payment continuing States Coast Guard, by an oflicial report obligations of the United States under throughout the remaining lifetime of of death from the War, Navy, or Treas­ such insurance policy to the extent of such beneficiary. The amount of the ury Departments, or by furnishing the such payments.* monthly installment for each $1,000 of evidence required under paragraph (a) § 10.3448 Class and order of payment insurance shall be determined by the hereof. to other than designated beneficiary. If age of the beneficiary as of last birthday (d) When death occurs in a foreign no beneficiary is designated by the in­ at the time of the death of the insured, country, by a United States consular re­ sured, or if the designated beneficiary in accordance with the following sched­ port of death, bearing the signature and or beneficiaries should not survive the ule based upon the American Experience official seal of the United States consul, insured, or should die prior to comple­ Table of Mortality and interest at the or by a certified copy of the public record tion of payment of the installments cer­ rate of three per centum per annum: of death authenticated by the United tain payable under the provisions of the States consul, or other agency of the Act and the terms of the policy, the in­ State Department. Age of benefi­ Amount Amount stallments of insurance remaining un­ of each Age of benefi­ of each (e) If the evidence called for in (a), ciary at date of monthly ciary at date of paid shall be paid to persons in the per­ death of in­ death of in­ monthly install­ (b), (c), or (d) hereof cannot be ob­ sured sured install­ mitted class of beneficiaries and in the ment ment tained, the reason must be shown. If order named: such reason is satisfactory, the fact of (a) Widow (widower) of the insured 30...... $3.97 58...... $6.49 death may be established by the affida­ 31...... _...... 4.01 59...... 6.65 (b) Child or children of the insured 32...... 4.06 60...... 6.81 vits of persons who have personal knowl­ (including adopted children), in equal 33...... 4.10 61...... 6.98 edge thereof and have viewed the body 34...... 4.15 62...... 7.15 shares 3 5 4.20 63...... 7.32 of the deceased and know it to be the (c) Parent or parents of the insured, 3 f i 4.26 64...... 7.50 body of the person whose death is being 3 7 ______4.31 65...... 7.67 in equal shares 38...... 4.37 66...... 7.84 established, setting forth their source of (d) Brothers and sisters of the in­ 39...... 4.43 67...... 8.02 40...... 4.50 68...... 8.19 knowledge and all the facts and cir­ sured (including those of the half blood), 41...... 4.57 69...... 8.35 cumstances concerning the death, in­ in equal shares.* 42...... 4.64 70...... 8.51 43...... 4.72 71...... 8.66 cluding the place, date, time, and cause 44...... 4.80 72...... 8.80 thereof. Death Benefits 45 4.89 73...... 8.94 46...... 4.98 7 4 ...... 9.06 (f) In cases wherein proof of death, as § 10.3449 Limitations on entitlement 47...... 5.08 75...... 9.18 defined in paragraphs (a) to (e), in­ 48...... 5.18 76...... 9.28 and payment. No person shall have a 49...... 5.28 77...... 9.37 clusive, of this section, cannot be fur­ vested right to any installment or in­ 50...... 5.39 78...... 9.44 nished, officials specifically authorized to 51...... 5.51 79...... 9.50 stallments of the insurance. No install­ 52 . . . . 5.63 80...... 9.55 do so by the Adminstrator of Veterans ment of insurance shall be paid to the 53...... 5.76 81...... 9.58 Affairs, may make a finding of fact of 5 4 5.90 82...... 9.60 heirs, creditors, or legal representatives 55 6.03 83...... 9.61 death where death is otherwise shown by as such of the insured or of any bene­ 56 _____ 6.18 84...... 9.61 competent evidence. The best evidence, ficiary. Any payment of insurance made 57 ______6.33 85...... 9.61 which from the nature of the case must to a person represented by the insured be supposed to exist, must be furnished to be within the permitted class of bene­ § 10.3451 Payment after death of in these cases.* ficiaries shall be deemed to have been first beneficiary. Upon due proof of § 10.3453 Presumption of death. If properly made and to satisfy fully the death of the first beneficiary after pay­ evidence satisfactory to the Administra­ obligations of the United States under ment has been made of at least one in­ tor is produced establishing the fact of such insurance policy to the extent of stallment, thereafter monthly install­ the continued and unexplained absence such payments. ments in the same amount shall be paid of any individual from his home and When the amount of an individual to the person or persons entitled as bene­ family for a period of seven years, during monthly payment is less than $5.00, such ficiary until all of the installments cer­ which period no evidence of his existence amount may, in the discretion of the tain shall have been paid.* has been received, the death of such in­ Administrator, be allowed to accumulate Proof of Death, Age, or Relationship dividual as of the date of the expiration without interest and be disbursed of such period may, for the purpose of annually* § 10.3452 Proof of death. Where a the act, be considered as sufficiently § 10.3450 Payment to first beneficiary. claim is filed for National Service Life In­ proved: Provided, no State law providing Upon due proof of the death of the in­ surance on account of the death of a for presumption of death shall be appli­ sured while a National Service Life In­ person such death may be established as cable to claims for National Service Life surance policy is in force, the monthly follows: Insurance.* installments, without interest, which § 10.3454 Age; evidence to establish have accrued since the death of the in­ (a) By a copy of the public record of the State or community where death date of birth, age or relationship. The sured (the first installment being due on date of birth, age or relationship for the the date of death of the insured) and occurred, certified to by the custodian of such records; or by a duly certified copy purposes of National Service Life Insur­ the monthly installments which there­ ance, shall be established by the best after become payable in accordance with of a coroner’s report of death or a verdict of a coroner’s jury, of the State or com­ evidence obtainable, in the following or­ the provisions of the policy, shall be paid der of preference: to the beneficiary or beneficiaries en­ munity where death occurred, provided titled in the following manner: such report or verdict properly identified (a) A certified copy of the public rec­ the deceased. ord of birth; or (a) If the beneficiary to whom pay­ (b) Where death occurs in a hospital (b) A oertified copy of the church rec­ ment is first made is under thirty years or institution under the control of the ord of baptism, the certification to be of age at the time of the death of the United States Government, by a death made by the legal custodian of such insured, payment shall be made in 240 certificate signed by the medical officer records. If the name of the person ap­ equal monthly installments at the rate in charge, or by furnishing the evidence pearing on the copy of the record is not of $5.51 for each $1,000 of such insur­ required under paragraph (a) hereof. the same as that apearing upon the ance. (c) Where death occurs while de­ records of the Veterans’ Administration, (b) If the beneficiary to whom pay­ ceased was on the retired list, in an in­ an affidavit will be required identifying ment is first made is thirty or more years active duty status, or in the active service the person having the changed name as of age at the time of the death of the in the regular establishment of the the same person whose name appears in FEDERAL REGISTER, Thursday, February 27, 1941 1167 the record of birth. If the birth was not correct age; if overstated, the excess of feited pursuant to the provisions of the recorded within a reasonable period after premiums paid shall be refunded without first sentence of this paragraph.* the event, the Veterans’ Administration interest. Guaranteed surrender and loan Examinations may require such additional evidence as values will be modified accordingly. The may be considered necessary to establish age of the insured will be admitted by § 10.3464 Examination of applicants the facts of the birth. the Veterans’ Administration at any time for insurance or reinstatement. Where (c) If neither of the records men­ upon satisfactory proof.* physical or mental examination is re­ quired of an applicant for National Serv­ tioned is obtainable, the reason therefor Assignments should be furnished, and ice Life Insurance, or of an applicant for (d) Affidavit of the physician or mid­ § 10.3459 The proceeds of a National reinstatement of National Service Life wife in attendance at birth; or Service Life Insurance policy shall not Insurance such examination may be (e) Affidavit of two or more persons, be assignable.* made by a medical officer of the United preferably disinterested, who shall States Army, Navy, or Public Health state their ages, showing the name, Taxation and Exemption Service, or may be made free of charge date and place of birth of the person § 10.3460 (a) Payments of National to him by a full-time or part-time sal­ whose birth or age is being established, Service Life Insurance as such are ex­ aried physician at a regional office or and that to their own knowledge such empt from taxation, but such exemption facility of the Veterans Administration. person is the child of such parents (nam­ does not extend to any property pur­ Such examination may also be made, at ing the parents). chased in part or wholly out of such pay­ the applicant’s own expense, by a physi­ (f) If none of the evidence set forth ments. Payments of insurance to a cian designated by the Veterans Admin­ above can be obtained and the failure beneficiary under the provisions of the istration if preferred by the applicant. to secure this evidence is satisfactorily Act are exempt from claims of creditors, The Administrator of Veterans Affairs explained, consideration will be given to and are not liable to attachment, levy, may require such further medical ex­ the best evidence otherwise obtainable; or seizure by or under any legal or amination or additional medical evidence e. g., if there is a Bible or other family equitable process whatever, either before as may be deemed necessary and proper record of birth, a copy of such record or after receipt by the beneficiary. to establish the physical and mental con­ should be furnished, certified to by a (October 8, 1940) [Pub. No. 801, 76th dition of the applicant at the time of the notary public or other officer with application.* Cong.] § 10.3465 Examination in connection authority to administer oaths for gen­ (b) The exemption shall apply against eral purposes, who should state in what urith premium waiver. Physical exami­ the United States or any agency thereof; nation in connection with premium year the Bible or other book in which the Provided, The United States shall be en­ record appears was printed, whether the waiver may be made by a medical officer titled to collect by set-off or otherwise of the United States Army, Navy, or record bears any erasures or other marks out of benefits payable to any beneficiary of alteration, and whether from the ap­ Public Health Service, or may be made under a National Service Life Insurance at Government expense by a full-time pearance of the writing he believes the policy, the amount of any indebtedness entries to have been made recently or or part-time salaried physician at a re­ due the United States by such beneficiary gional office or facility of the Veterans at the time reputed. because of overpayments or illegal pay­ (g) Age and relationship may be Administration. If an insured is unable ments made to such beneficiary under to travel, because of physical or mental shown by census records—When a claim­ laws administered by the Veterans Ad­ ant satisfactorily explains his failure to condition, the manager of a regional of­ ministration: Provided further, In the fice or facility may, on his own initiative secure other evidence, he should be re­ settlement of any claim arising out of the quested to submit his written consent or at the request of central office, author­ National Service Life Insurance Act of ize at Government expense examination for the Census Bureau to furnish infor­ 1940, the United States shall be entitled mation from their records, and the name at the residence of the insured. The Ad­ to deduct the amount of unpaid pre­ ministrator of Veterans Affairs may re­ of the City, Town, or Township, County miums, or loans or interest on such pre­ and State in which he resided during a quire such further medical examination miums or loans; or indebtedness arising or such additional medical evidence as census year prior to his enlistment, and from overpayments of dividends, refunds, if in a city, the name of the street on may be deemed necessary and proper to loans; or other insurance benefits, or establish the physical and mental con­ which he lived and the number of the any other indebtedness existing under residence, number of the ward in which dition of the insured.* the particular insurance contract. (Sec­ § 10.3466 Expenses incident to exami­ the residence was located; also the names tion 5, Public No. 866, 76th Congress) in full of parents and the names of nations for insurance purposes. Neces­ brothers and sisters who were living at (October 17, 1940) sary transportation expenses incident to home, or if not then living with his Insurance Forfeiture physical or mental examinations for in­ parents, the names of the persons with surance purposes at regional offices or whom he lived during that year.* § 10.3461 Any person guilty of mutiny, facilities shall be furnished when the in­ treason, spying, or desertion, or who, be­ sured is ordered to report for examina­ Collection of Any Indebtedness cause of conscientious objections, refuses tion at the specific request of the director § 10.3455 Any indebtedness against a to perform service in the land or naval of insurance or the manager of a re­ National Service Life Insurance policy forces of the United States or refuses to gional office or facility: Provided, Such which has not been paid off in cash prior wear the uniform of such force, shall expenses will be borne by the United to maturity shall be liquidated by reduc­ forfeit all rights to insurance. No in­ States and will be paid from the appro­ ing the amount of each monthly install­ surance shall be payable for death in­ priation, “Salaries and Expenses, Vet­ ment in the proportion which the in­ flicted as a lawful punishment for crime erans Administration”. Transportation, debtedness bears to the commuted value or for military or naval offense, except meal and lodging requests in connection of monthly installments as may then be when inflicted by an enemy of the United with reporting to and returning from the payable under the policy, excluding divi­ States; but, the cash surrender value, if place of examination will be furnished the dend accumulations.* any, of such insurance on the date of applicant in accordance with § 25.6103 death of the insured shall be paid to the (b) (3) provided prior authority has Misstatement of Age designated beneficiary, if living, or other­ been given for the travel. Travel inci­ § 10.3456 If the age of the insured wise to the beneficiary or beneficiaries dent to such an examination by salaried under a National Service Life Insurance within the permitted class in the order employees of the Veterans Administra­ policy has been understated, the amount specified in section 602 (h) (3) of the tion will be in accordance with the of the insurance payable under the policy Act: Provided, That such cash surrender Standardized Government Travel Regu­ shall be such exact amount as the pre­ value shall not be paid in cases in which lations. If such an examination is made mium paid would have purchased at the all rights to insurance have been for­ by a medical examiner on a fee basis, 1168 FEDERAL REGISTER, Thursday, February 27, 1941

the fee will be based on the Schedule of percent Treasury Bonds of 1941-43 who and Currency, Treasury Department, Pees for Medical Services, Veterans Ad­ desire to take advantage of the offering Washington, D. C., for redemption on ministration, in force at the time the should act immediately, following the in­ March 15, 1941. The bonds must be de­ examination is made.* structions given in Treasury Department livered at the expense and risk of holders Definition of “Disease or Injury Trace- Circular No. 649 and No. 650. (see par. 9 of this section) and should be accompanied by appropriate written ad­ able to the Extra Hazard of the Mili­ H I. RULES AND REGULATIONS GOVERNING RE­ tary or Naval Services" DEMPTION OF 3 % PERCENT TREASURY vice (see Form PX>. 1670 attached heretoO. In all cases checks in payment § 10.3469 A disease or injury may be BONDS OF 1941—43 of principal and final interest due will found to be traceable to the extra haz­ Pursuant to the call for redemption, ard of the military or naval service when be mailed to the address given in the as set forth in section I of this circular, form of advice accompanying the bonds it appears from the evidence that the the following rules and regulations are surrendered. said disease or injury was in fact caused hereby prescribed to govern the presen­ 5. If the registered payee, or an as­ by or is traceable to, the performance of tation and surrender for cash redemption duty in the land or naval forces (includ­ signee holding under proper assignment on March 15, 1941, of 3% percent Treas­ from the registered payee, desires that ing the Coast Guard) of the United ury Bonds of 1941-43: States. * payment of the principal and final in­ 1. Payment of called bonds on March stallment of interest be made to him, the [seal] F rank T. H ines, bonds should be assigned by such payee Administrator. 15, 1941. Holders of any outstanding Treasury Bonds of 1941-43 will be en­ or assignee, or by a duly constituted rep­ [F. R. Doc. 41-1373; Filed, February 25, 1941; titled to have such bonds redeemed and resentative, to “The Secretary of the 3:17 p. m.] paid at par on March 15, 1941, with in­ Treasury for redemption.” If it is de­ terest in full to that date. After March sired, for any reason, that payment be 15, 1941, interest will not accrue on any made to some other person, without in­ Notices such bonds. termediate assignment, the bonds should 2. Presentation and surrender of cou­ be assigned to “The Secretary of the pon bonds. Treasury Bonds of 1941-43 Treasury for redemption for the account TREASURY DEPARTMENT. in coupon form should be presented and o f ------:----- inserting the Bureau of the Public Debt. surrendered to any Federal Reserve Bank name and address of the person to whom payment is to be made. A representative [1941 Department Circular No. 648] or branch, or to the Treasurer of the United States, Washington, D. C., for re­ or fiduciary should not assign for pay­ R edemption of 3% P ercent T reasury demption on March 15, 1941. The bonds ment to himself individually, unless ex­ B onds of 1941-43 must be delivered at the expense and risk pressly authorized to do so by court order or by the instrument under which he is F ebruary 25, 1941. of holders (see par. 9 of this section) and should be accompanied by appropriate acting; he may, however, assign for pay­ I. NOTICE OF CALL FOR REDEMPTION BEFORE written advice (see Form P.D. 1669 at­ ment to himself in his representative or MATURITY tached hereto*). Checks in payment of fiduciary capacity. On November 14, 1940, the following principal will be mailed to the address 6. Assignment in blank, or other as­ public notice of call for redemption was given in the form of advice accompany­ signment having similar effect, will be given: ing the bonds surrendered. recognized, but in that event payment will be made to the person surrendering To Holders of 3% percent Treasury Bonds of 3. Coupons dated March 15, 1941, 1941—43, and Others Concerned: which become payable on that date, the bond for redemption, since under 1. Public notice is hereby given that all should be detached from any Treasury such assignment the bond becomes in outstanding 3% percent Treasury Bonds of Bonds of 1941-43 before such bonds are effect payable to bearer. Assignments in 1941-43, dated March 16, 1931, are hereby presented for redemption on March 15, blank or assignments having similar ef­ called for redemption on March 15, 1941, on fect should be avoided, if possible, in which date interest on such bonds will cease. 1941, and such coupons should be col­ 2. Full information regarding the presen­ lected in regular course when due. All order not to lose the protection afforded tation and surrender of the bonds for re­ coupons pertaining to such bonds bear­ by registration. demption under this call will be given in a ing dates subsequent to March 15, 1941, 7. A bond registered in the name of, Treasury Department circular to be issued later. must be attached to any such bonds when or assigned to, a corporation or unin­ 3. Holders of these bonds may, in advance presented for redemption: Provided, how­ corporated association will ordinarily be of the redemption date, be offered the ever, If any such coupons are missing redeemed for the account of such corpo­ privilege of exchanging all or any part of from bonds so presented for redemption ration or unincorporated association their called bonds for other interest-bearing obligations of the United States, in which the bonds nevertheless will be redeemed, upon an appropriate assignment for that event public notice will hereafter be given. but the full face amount of any such purpose executed on behalf of the corpo­ T reasury Department, missing coupons will be deducted from ration or unincorporated association by Washington, November 14, 1940. the payment to be made on account of a duly authorized officer thereof, without Henry Morgenthau, Jr., such redemption, and any amounts so proof of the officer’s authority. In all Secretary of the Treasury. deducted will be held in the Treasury to such cases payment will be made only by II. OPTIONAL EXCHANGE OFFERING provide for adjustments or refunds on check drawn to the order of the corpora­ account of such missing coupons as may tion or unincorporated association. 1. Holders of 3% percent Treasury subsequently be presented. 8. Final interest due on March 15,1941,, Bonds of 1941-43 are today offered the 4. Presentation and surrender of regis­ on registered Treasury Bonds of 1941-43' privilege of exchanging all or any part tered bonds. Treasury Bonds of 1941-43 will be paid with the principal in accord­ of their called bonds for 2 percent Treas­ in registered form must be assigned by ance with the assignments on the bonds ury Bonds of 1948-50 or for % percent the registered payees or assignees surrendered. Treasury Notes of Series D-1943, both thereof, or by their duly constituted rep­ 9. Transportation of bonds. Bonds bonds and notes being dated and bearing resentatives, in accordance with the gen­ presented for redemption under this cir­ interest from March 15, 1941. Full in­ eral regulations of the Treasury Depart­ cular must be delivered to a Federal Re­ formation concerning the exchange of­ ment governing assignments, in the form serve Bank or branch, or to the Treasury fering is contained in Treasury Depart­ indicated in the next paragraph hereof, Department, Washington, D. C., at the ment Circular No. 649 and in Treasury and thereafter should be presented and expense and risk of the holder. Coupon Department Circular No. 650, both cir­ surrendered to any Federal Reserve Bank bonds should be forwarded by registered culars dated February 25, 1941. As the or branch, or to the Division of Loans mail insured, or by express prepaid. exchange privilege may be terminated at Registered bonds bearing restricted as­ any time without notice, holders of 3% ‘Filed as part of original document. signments may be forwarded by regis- FEDERAL REGISTER, Thursday, February 27, 1941 1169 tered mail, but registered bonds bearing n . DESCRIPTION OF BONDS IV. PAYMENT unrestricted assignments should be for­ 1. The bonds will be dated March 15, 1. Payment at par for bonds allotted warded by registered mail insured, or by 1941, and will bear interest from that hereunder must be made or completed on express prepaid. Facilities for transpor­ date at the rate of 2 percent per annum, or before March 15, 1941, or on later al­ tation of bonds by registered mail in­ payable semiannually on September 15, lotment, and may be made only in Treas­ sured may be arranged between incor­ 1941, and thereafter on March 15 and ury Bonds of 1941-43, called for redemp­ porated banks and trust companies and September 15 in each year until the prin­ tion on March 15, 1941, or in Treasury the Federal Reserve Banks, and holders cipal amount becomes payable. They Notes of Series A-1941, maturing March may take advantage of such arrange­ will mature March 15, 1950, but may be 15, 1941, which will be accepted at par, ments when available, utilizing such in­ redeemed at the option of the United and should accompany the subscription. corporated banks and trust companies as States on and after March 15, 1948, in Payment of final interest due March 15, their agents. Incorporated banks and whole or in part, at par and accrued 1941, on securities exchanged hereunder trust companies are not agents of the interest, on any interest day or days, on will be effected, in the case of coupon United States under this circular. 4 months’ notice of redemption given in bonds or notes, by payment of March 15, IV. PRESENTATION OF CALLED BONDS FOR such manner as the Secretary of the 1941 coupons, which should be detached REDEMPTION Treasury shall prescribe. In case of par­ by holders before presentation of the se­ tial redemption the bonds to be redeemed curities for exchange, and in the case of 1. Treasury Bonds of 1941-43 should will be determined by such method as registered bonds, by checks drawn in ac­ be presented and surrendered in the may be prescribed by the Secretary of cordance with the assignments on the manner herein prescribed, and redemp­ the Treasury. From the date of redemp­ bonds surrendered. tion will be expedited if the bonds are tion designated in any such notice, in­ presented to Federal Reserve Banks, or terest on the bonds called for redemption V. SURRENDER OF CALLED BONDS branches, and not direct to the Treasury shall cease. 1. Coupon bonds. Treasury Bonds of Department. 2. The income derived from the bonds 1941-43 in coupon form tendered in pay­ V. GENERAL PROVISIONS shall be subject to all Federal taxes, now ment for bonds offered hereunder should or hereafter imposed. The bonds shall 1. Any further information which may be presented and surrendered with the be subject to estate, inheritance, gift or subscription to a Federal Reserve Bank be desired regarding the redemption of other excise taxes, whether Federal or Treasury Bonds of 1941-43 under this or Branch or to the Treasurer of the State, but shall be exempt from all taxa­ United States, Washington, D. C. Cou­ circular may be obtained from any Fed­ tion now or hereafter imposed on the eral Reserve Bank or branch, or from the pons dated September 15, 1941, and all principal or interest thereof by any coupons bearing subsequent dates, should Treasury Department, Washington, D. C., State, or any of the possessions of the where copies of the Treasury Depart­ be attached to such bonds when sur­ United States, or by any local taxing rendered, and if any such coupons are ment’s regulations governing assign­ authority. ments also may be obtained. missing, the subscription must be ac­ 3. The bonds will be acceptable to se­ companied by cash payment equal to the 2. As fiscal agents of the United States, cure deposits of public moneys, but will face amount of the missing coupons. Federal Reserve Banks are authorized not bear the circulation privilege and The bonds must be delivered at the ex­ and requested to perform any necessary will not be entitled to any privilege of pense and risk of the holder. Facilities acts under this circular. The Secretary conversion. for transportation of bonds by registered of the Treasury may at any time, or from mail insured may be arranged between time to time, prescribe supplemental or 4. Bearer bonds with interest coupons attached, and bonds registered as to incorporated banks and trust companies amendatory rules and regulations gov­ and the Federal Reserve Banks, and erning the matters covered by this cir­ principal and interest, will be issued in denominations of $50, $100, $500, $1,000, holders may take advantage of such ar­ cular, which will be communicated rangements when available, utilizing promptly to the Federal Reserve Banks. $5,000, $10,000, and $100,000. Provision will be made for the interchange of bonds such incorporated banks and trust com­ [seal] H. M orgenthau, Jr., of different denominations and of cou­ panies as their agents. Secretary of the Treasury. pon and registered bonds, and for the 2. Registered bonds. Treasury Bonds [F. R. Doc. 41-1368; Filed, February 25, 1941; transfer of registered bonds, under rules of 1941-43 in registered form tendered 12:19 p. m.] and regulations prescribed by the Secre­ in payment for bonds offered hereunder tary of the Treasury. should be assigned by the registered 5. The bonds will be subject to the payees or assignees thereof, in accord­ [1941 Department Circular No. 649] general regulations of the Treasury De­ ance with the general regulations of the Offering of 2 P ercent T reasury Bonds partment, now or hereafter prescribed, Treasury Department governing assign­ of 1948-50 governing United States bonds. ments for transfer or exchange, in one of the forms hereafter set forth, and I. OFFERING*^? BONDS ^ ) III. SUBSCRIPTION AND ALLOTMENT thereafter should be presented and sur­ (**F ebruary 25, 1941.^ 1. Subscriptions will be received at the rendered with the subscription to a Fed­ 1. The Secretary of the Treasury, pur­ Federal Reserve Banks and Branches eral Reserve Bank or Branch or to the suant to the authority of the Second and at the Treasury Department, Wash­ Treasury Department, Division of Loans Liberty Bond Act, approved September ington. Banking institutions generally and Currency, Washington, D. C. The 24, 1917, as amended, invites subscrip­ may submit subscriptions for account of bonds must be delivered at the expense tions, at par, from the people of the customers, but only the Federal Reserve and risk of the holder. If the new bonds United States for 2 percent bonds of the Banks and the Treasury Department are are desired registered in the same name United States, designated Treasury authorized to act as official agencies. as the bonds surrendered, the assign­ Bonds of 1948-50, in payment of which 2. The Secretary of the Treasury re­ ment should be to “The Secretary of the only Treasury Bonds of 1941-43, called serves the right to reject any subscrip­ Treasury for exchange for Treasury for redemption on March 15, 1941, or tion, in whole or in part, and to close Bonds of 1948-50”; if the new bonds are Treasury Notes of Series A-1941, matur­ the books as to any or all subscriptions desired registered in another name, the ing March 15, 1941, may be tendered. at any time without notice; and any ac­ assignment should be to “The Secretary The amount of the offering under this tion he may take in these respects shall of the Treasury for exchange for Treas­ circular will be limited to the amount of be final. Subject to these reservations, ury Bonds of 1948-50 in the name of Treasury Bonds of 1941-43 and of Treas­ all subscriptions will be allotted in full. ______”; if new bonds in ury Notes of Series A-1941 tendered and Allotment notices will be sent out coupon form are desired, the assignment accepted. promptly upon allotment. should be to “The Secretary of the Treas- 1170 FEDERAL REGISTER, Thursday, February 27, 1941

ury for exchange for Treasury Bonds of 3. The notes will be accepted at par face amount of the missing coupons. 1948-50 in coupon form to be delivered during such time and under such rules The bonds must be delivered at the ex­ t o ______” and regulations as shall be prescribed or pense and risk of the holder. Facilities VI. GENERAL PROVISIONS approved by the Secretary of the Treas­ for transportation of bonds by registered ury in payment of income and profits mail insured may be arranged between 1. As fiscal agents of the United States, taxes payable at the maturity of the incorporated banks and trust companies Federal Reserve Banks are authorized notes. and the Federal Reserve Banks, and and requested to receive subscriptions, to 4. The notes will be acceptable to se­ holders may take advantage of such ar­ make allotments on the basis and up to cure deposits of public moneys, but will rangements when available, utilizing the amounts indicated by the Secretary not bear the circulation privilege. such incorporated banks and trust com­ of the Treasury to the Federal Reserve 5. Bearer notes with interest coupons panies as their agents. Banks of the respective districts, to issue attached will be issued in denominations 2. Registered bonds. Treasury Bonds allotment notices, to receive payment for of $100, $500, $1,000, $5,000, $10,000, and of 1941-43 in registered form tendered bonds allotted, to make delivery of bonds $100,000. The notes will not be issued in in payment for notes offered hereunder on full-paid subscriptions allotted, and registered form. should be assigned by the registered they may issue interim receipts pending 6. The notes will be subject to the gen­ payees or assignees thereof to “The Sec­ delivery of the definitive bonds. eral regulations of the Treasury Depart­ retary of the Treasury for exchange for 2. The Secretary of the Treasury may ment, now or hereafter prescribed, gov­ Treasury Notes of Series D-1943 to be at any time, or from time to time, pre­ erning United States notes. delivered to ______,” in scribe supplemental or amendatory rules III. SUBSCRIPTION AND ALLOTMENT accordance with the general regulations and regulations governing the offering, of the Treasury Department governing which will be communicated promptly to 1. Subscriptions will be received at the assignments for transfer or exchange, the Federal Reserve Banks. Federal Reserve Banks and Branches and and thereafter should be presented and H. M orgenthatj, Jr., at the Treasury Department, Washing- surrendered with the subscription to a Secretary of the Treasury. tony Banking institutions generally may Federal Reserve Bank or Branch or to [F. R. Doc. 41-1370; Filed, February 25, 1941; submit subscriptions for account of cus­ the Treasury Department, Division of 12:20 p. m.] tomers, but only the Federal Reserve Loans and Currency, Washington, D. C. Banks and the Treasury Department are The bonds must be delivered at the ex­ authorized to act as official agencies. pense and risk of the holder. [1941 Department Circular No. 650] 2. The Secretary of the Treasury re­ serves the right to reject any subscrip­ VI. GENERAL PROVISIONS O ffering of % P ercent T reasury Notes tion, in whole or in part, and to close the of S eries D-1943 1. As fiscal agents of the United States, books as to any or all subscriptions at Federal Reserve Banks are authorized F ebruary 25, 1941. any time without notice; and any action and requested to receive subscriptions, he may take in these respects shall be I. OFFERING OF NOTES to make allotments on the basis and up final. Subject to these reservations, all to the amounts indicated by the Secre­ 1. The Secretary of the Treasury, pur­ subscriptions will be allotted in full. Al­ tary of the Treasury to the Federal Re­ suant to the authority of the Second lotment notices will be sent out promptly upon allotment. serve Banks of the respective districts, to Liberty Bond Act, approved September issue allotment notices, to receive pay­ 24, 1917, as amended, invites subscrip­ IV. PAYMENT ment for notes allotted, to make delivery tions, at par, from the people of the 1. Payment at par for notes allotted on notes on full-paid subscriptions al­ United States for % percent notes of the lotted, and they may issue interim re­ United States, designated Treasury hereunder must be made or completed on or before March 15, 1941, or on later al­ ceipts pending delivery of the definitive Notes of Series D-1943, in payment of notes. which only Treasury Bonds of 1941-43, lotment, and may be made only in Treas­ ury Bonds of 1941-43, called for redemp­ 2. The Secretary of the Treasury may called for redemption on March 15, 1941, at any time, or from time to time, pre­ or Treasury Notes of Series A-1941, ma­ tion on March 15, 1941, or in Treasury Notes of Series A-1941, maturing March scribe supplemental or amendatory rules turing March 15, 1941, may be tendered. and regulations governing the offering, The amount of the offering under this 15, 1941, which will be accepted at par, and should accompany the subscription. which will be communicated promptly to circular will be limited to the amount of the Federal Reserve Banks. Treasury Bonds of 1941-43 and of Treas­ Payment of final interest due March 15, ury Notes of Series A-1941 tendered and 1941, on securities exchanged hereunder H. M o rgenthau, Jr., accepted. will be effected, in the case of coupon Secretary of the Treasury. bonds or notes, by payment of March 15, II. DESCRIPTION OF NOTES [F. R. Doc. 41-1369; Filed, February 25, 1941; 1941, coupons, which should be detached 12:20*p. m.] 1. The notes will be dated March 15, by holders before presentation of the se­ 1941, and will bear interest from that curities for exchange, and in the case of date at the rate of % percent per annum, registered bonds, by checks drawn in ac­ cordance with the assignments on the payable semiannually on September 15, WAR DEPARTMENT. 1941, and thereafter on March 15 and bonds surrendered. September 15 in each year until the prin­ [Contract No. W 535 ac-16691 (4061)] V. SURRENDER OF CALLED BONDS cipal amount becomes payable. They S u m m a r y o f C ontract fo r S u p p l ie s will mature March 15, 1943, and will not 1. Coupon bonds.—Treasury Bonds of be subject to call for redemption prior 1941-43 in coupon form tendered in pay­ contractor: w e s t o n electrica l in s t r u ­ to maturity. ment for notes offered hereunder should m e n t CORPORATION 2. The income derived from the notes be presented and surrendered with the Contract for: Indicator Assemblies, shall be subject to all Federal taxes, now subscription to a Federal Reserve Bank Bulbs, and Data. or hereafter imposed. The notes shall be or Branch or to the Treasurer of the Amount: $1,516,412.72. subject to estate, inheritance, gift or United States, Washington, D. C. Cou­ Place: Materiel Division, Air Corps, other excise taxes, whether Federal or pons dated September 15, 1941, and all U. S. Army, Wright Field, Dayton, Ohio. State, but shall be exempt from all taxa­ coupons bearing subsequent dates, should The supplies and services to be ob­ tion now or hereafter imposed on the be attached to such bonds when sur­ tained by this instrument are authorized principal or interest thereof by any State, rendered, and if any such coupons are by, are for the purpose set forth in, and or any of the possessions of the United missing, the subscription must be ac­ are chargeable to the following Procure­ States, or by any local taxing authority. companied by cash payment equal to the ment Authorities, the available balances FEDERAL REGISTER, Thursday, February 27, 1941 1171

of which are sufficient to cover cost of Secretary of War, the best interests of certified invoices or vouchers, the prices same: the Government so require, this contract stipulated herein for articles delivered AC 34 P 12-3037 A 0705-01___ $1, 441,164. 00 may be terminated by the Government, and accepted or services rendered, less AC 28 P 82-1280 A 0705-01____ 75, 248. 72 even though the contractor be not in deductions, if any, as herein provided. This Contract, entered into this thir­ default, by a notice in writing relative Unless otherwise specified, payments will tieth day of December 1940. thereto from the contracting officer to be made on partial deliveries accepted by the contractor. Scope of this contract. The contractor the Government when the amount due on shall furnish and deliver to the Govern­ F rank W. Bullock, such deliveries so warrants; or, when re­ ment * * * Indicator Assemblies, Major, Signal Corps, quested by the contractor, payments for * * * Bulbs and data for the consid­ Assistant to the Director of accepted partial deliveries shall be made eration stated one million five hundred Purchases and Contracts. whenever such payments would equal or exceed either $1,000 or 50 percent of the sixteen thousand four hundred twelve IF. R. Doc. 41-1380; Filed, February 26, 1941; and 72/100 dollars ($1,516,412.72) in 9:46 a. m.] total amount of the contract. strict accordance with the specifications, Art. 16. Articles and Supplies Called schedules and drawings, all of which are For and Payment Therefor. (1) The made a part hereof. Contractor shall furnish and deliver to [Contract No. W 535 ac-17300 (4215) ] the Government all of the following Changes. Where the supplies to be articles. furnished are to be specially manufac­ S ummary of Contract for Supplies tured in accordance with drawings and contractor: continental motors Item 1. * * * Engines, Aeronauti­ specifications, the contracting officer may CORPORATION cal, total, $8,224,590.00. at any time, by a written order, and Item 2. Certain spare parts for all of Contract for: * * * Aeronautical the aeronautical engines called for under without notice to the sureties, make Engines, * * * Spare Parts Therefor changes in the drawings or specifications, the terms of Item 1, at a total price not and Data, $9,047,049.00; Rental and exceeding, $822,459.00. except Federal Specifications. Changes Carrying Charges, $1,667,970.00. as to shipment and packing of all sup­ Place: Materiel Division, Air Corps, (2) In addition to the payments here­ plies may also be made as above provided. U. S. Army, Wright Field, Dayton, Ohio. inbefore provided for, the Government Delays—Damages. If the contractor The supplies and services to be ob­ shall likewise pay to the Contractor upon refuses or fails to make deliveries of the tained by this instrument are authorized delivery of each engine contracted for materials or supplies within the time by, are for the purpose set forth in, and hereunder, subject to adjustment as here­ specified in Article 1, or any extension inafter provided for in Article 24 hereof, are chargeable to the following Procure­ a sum of * * * per engine; * * * thereof, the Government may by written ment Authorities, the available balances notice terminate the right of the con­ of which are sufficient to cover costs of of such amount shall, under the terms of tractor to proceed with deliveries or such same: an Agreement of Lease entered into under part or parts thereof as to which there date of * * *, between the Defense has been delay. AC 34 P 12-3037 A 0705-01 Plant Corporation, created by the Recon­ Payments. The contractor shall be AC 26 P 81-3037 A 0705-01 struction Finance Corporation pursuant paid, upon the submission of properly AC 28 P 82-3037 A 0705-01 to Section 5d of the Reconstruction Fi­ certified invoices or vouchers, the prices This Contract, entered into this Fourth nance Corporation Act, as amended, to stipulated herein for articles delivered day of January 1941. aid the Government of the United States and accepted or services rendered, less Article 1. Scope of this contract. The in its National Defense Program and the deductions, if any, as herein provided. contractor shall furnish and deliver to Continental Motors Corporation, the Unless otherwise specified, payments will the Government all of the articles and Contractor herein, be turned over to the be made on partial deliveries accepted by data as provided in Article 16 hereof, for said Defense Plant Corporation for rental the Government when the amount due the consideration stated nine million charge. The balance of $ * * * shall on such deliveries so warrants; or, when forty seven thousand forty nine dollars be payable to the Contractor for carrying requested by the contractor, payments ($9,047,049.00) for engines and spare charges for insurance on machinery, for accepted partial deliveries shall be parts called for hereunder and one mil­ equipment and facilities as referred to in made whenever such payments would lion six hundred sixty seven thousand the aforementioned Agreement of Lease equal or exceed either $1,000 or 50 per­ nine hundred seventy dollars ($1,667,- and for use for other taxes payable by the cent of the total amount of the contract. 970.00) payable as provided in Article 16 Contractor in respect of said machinery, Options. (1) The Government is hereof as rental and carrying charges equipment and facilities or for use or granted the right and option at any time more particularly described in said lease thereof by the Contractor in con­ within * * * days from and after Article 16. nection with the performance of this contract. On payment by the Govern­ date of approval of this contract to in­ Art. 2. Changes. Where the supplies crease the quantity or quantities of Items ment of each sum of * * * as pro­ to be furnished are to be specially manu­ vided for hereunder, title to an undi­ 5 to 12, inclusive, called for under the factured in accordance with drawings terms of paragraph (1) of Article 16 of vided * * * of said machinery, and specifications, the contracting officer equipment and facilities shall vest in the this contract to any quantity specified may at any time, by a written order, and herein. Government subject, however, to the without notice to the sureties, make provisions contained in Article 24 hereof (2) The Government is granted the changes in the drawings or specifications, further right and option at any time and the Agreement of Lease hereinbefore except Federal Specifications. Changes mentioned shall be amended so as to so during the life of this contract to in­ as to shipment and packing of all sup­ crease the quantity or quantities of the provide. plies may also be made as above provided. (3) The Contractor shall likewise fur­ articles called for under the terms of Art. 5. Delays—Damages. If the con­ paragraph (1) of Article 16 hereof at nish and deliver to the Government, with­ tractor refuses or fails to make deliveries out additional cost therefor, the follow­ not more than the unit prices stipulated, of the materials or supplies within the by any amount not exceeding * * * ing engineering data covering the engines time specified in Article 1, or any exten­ called for under Item 1 of this Article: percent of the entire contract price stip­ sion thereof, the Government may by ulated, said increase to be applied as written notice terminate the right of the (a) Vandykes of bill of material. to any or all item or items at the option contractor to proceed with deliveries or (b) Vandykes of drawings and data of the Government. such part or parts thereof as to which lists. Termination when contractor not in there has been delay. (c) Handbook of Instructions. default. If, in the opinion of the con­ Art. 8. Payments. The contractor shall Art. 19. Advance payments. Advance tracting officer upon the approval of the be paid, upon the submission of properly payments may be made from time to No. 40----- 3 1172 FEDERAL REGISTER, Thursday, February 27, 1941 time for the supplies called for, when the the Government, demand partition or which are sufficient to cover the cost of Secretary of War deems such action division of the machinery, equipment and the same: necessary in the interest of the National facilities, and the Government upon such AC 34 P 12-3037 A 0705-01 Defense: Provided, however, That the to­ demand so made shall thereupon pay to AC 28 P 82-3037 A 0705-01 tal amount of money so advanced shall the Contractor for repayment to the De­ not exceed * * * percentum of the fense Plant Corporation any unpaid bal­ This Contract, entered into this 7th contract price of the articles called for, ance of its * * * share of the cost day of January 1941. and that such advances, if made, shall of the machinery, equipment and facili­ Article 1. Statement of work. The be upon such terms and conditions and ties, determined as provided in Article Contractor shall within the time speci­ with such adequate security as the Secre­ 24A hereof, and shall thereupon be en­ fied in Article 4 hereof, manufacture, tary of War shall prescribe. titled to its proper share in the partition furnish and deliver to the Government Art. 24. Title to he acquired by the or division of the machinery, equipment the following articles: Government in leased property. (1) The and facilities. Item 1. * * * Pratt and Whitney lease pursuant to which the machinery, (4) The percentage of title of the Gov­ Model * * * engines. equipment and facilities acquired by the ernment to an undivided interest in ma­ Item 2. Spare parts. Defense Plant Corporation and leased to chinery, equipment and facilities as Item 3. Vandykes of bills of material. the Contractor, as hereinbefore referred referred to in this Article or elsewhere Item 4. Vandykes of drawings. to, shall be amended to provide that upon in this contract shall include only that Item 5. Handbook of instructions. payment to the Contractor by the Gov­ portion of title which shall vest in the Item 6. Breakdown, complete, carbon- ernment for repayment to the Defense Government as represented by the backed, of component parts of one of the Plant Corporation of the payments United States Army Air Corps and shall engines. (rental and carrying charges) as pro­ not include that portion of title which (5) The Contractor shall provide all vided for in Article 16 hereof, title to an shall vest in the Government repre­ utility connections, approaches, services, undivided * * * of such machinery, sented by any other branch or depart­ tools, dies, jigs, fixtures, gauges, patterns, equipment and facilities shall vest in the ment under the terms of a separate shop equipment and similar items, in­ Government for each such payment contract or contracts heretofore or here­ cluding perishable tools (hereinafter col­ made. The lease shall be amended to after entered into between the Govern­ lectively called tool and shop equipment), further provide that when the total of ment and the Contractor. which are or may become necessary for the performance of this contract, and all payments, (rental and carrying Art. 25. Termination when Contractor charges), has been made or when the not in default. If, in the opinion of the which are not made available to the Con­ additional sum provided for in Article contracting officer upon the approval of tractor under the third party contract 24A hereof has been paid, title to an or the contract between the Contractor the Secretary of War, the best interests and Defense Plant Corporation con­ undivided * * * of the machinery, of the Government so require, this con­ equipment and facilities referred to above tract may be terminated by the Govern­ templated hereby (hereinafter called the (inclusive of the title previously acquired ment, even though the contractor be not Defense Plant Contract). pursuant to the provisions of this con­ in default, by a notice in writing relative (6) It is understood that all tool and tract and the lease) shall vest or shall shop equipment furnished hereunder, to­ thereto from the contracting officer to gether with like equipment to be fur­ have vested in the Government. The the contractor. title to the machinery, equipment and nished under the third party contract facilities referred to above which has Art. 31. Price adjustment. The con­ is to be used for the production of engines vested in the Government pursuant to tract prices stated in this contract for both for the Government and for the any of the provisions of this contract and * * * Aeronautical Engines are sub­ purchaser under the third party con­ the lease shall be subject to all the terms ject to adjustments for changes in labor tract. The Government, therefore, and conditions of said lease in respect to and material costs. hereby grants to the Contractor the the use of said machinery, equipment and General. It is expressly agreed that right to use the tool and shop equipment facilities by the Contractor for the term quotas for labor will not be altered on furnished hereunder without payment of such lease and any renewal or exten­ account of delays in the completion of for such use in connection with the man­ sion of such term as may be agreed upon the * * * Engines. ufacture of engines for the purchaser by the Defense Plant Corporation and This Contract authorized under the under the third party contract, and for the Contractor, and including the right provisions of section 1 (a), Act of July the manufacture of engines for the Gov­ of the Defense Plant Corporation to col­ 2, 1940. ernment hereunder; and the Contractor lect and retain all rentals payable to it F rank W. Bullock, has, by appropriate provision in the third thereunder by the Contractor in connec­ Major, Signal Corps, party contract, arranged for the use by tion with the manufacture and sale of Assistant to the Director of the Contractor without payment for such engines and also including the right of Purchases and Contracts. use, of all tool and shop equipment fur­ the Defense Plant Corporation to author­ nished under the third party contract in [F. R. Doc. 41-1379; Filed, February 26, 1941; ize the Contractor to substitute or ex­ 9:46 a. m.] connection with the manufacture of en­ change any of the machinery, equipment gines for the Government hereunder. and facilities. Art. 2. Estimated costs. (2) The exact amount to be paid by Quantity: Estimated cost the Contractor as rental and carrying (a) * * * Aeronautical [Contract No. W 535 ac-17479 (4289) ] engines______$31, 000, 000.00 charges, as referred to in Article 16 Spare parts for * * * hereof, cannot be determined until com­ Summary of Cost-P lus-a-F ixed-F ee Su p­ ply Contract Aeronautical Engine_ 3,100,000.00 pletion of the terms of this contract and, (b) Expenditures by the therefore, on such completion or termi­ Contractor, which except contractor: general motors corporation for their segregation for nation and the determination of the (BUICK MOTOR DIVISION) the purpose of determin­ exact amount of such charges an adjust­ ing the fees would have ment shall be made (subject to the avail­ Contract for: * * * series Aero­ been included in the ability of appropriations in case of any nautical Engines, Spare Parts, and Data. foregoing estimates, shall constitute allowable increase over the amount set forth in Estimated cost: $34,110,520.00. items of cost under this paragraph (2) of Article 16) between the Fixed-fee: $2,387,000.00. contract for all purposes parties hereto of amounts paid or to be The supplies and services to be obtained except the computation by this instrument are authorized by, and of the fees to be earned paid by the Government for such rental by the Contractor, total_ 10, 520.00 and carrying charges. for the purpose set forth in, and are (3) The Defense Plant Corporation chargeable to the following Procurement Art. 3. Consideration, (a) The Gov­ may at any time, by written notice to Authorities, the available balances of ernment will pay the Contractor upon FEDERAL REGISTER, Thursday, February 27, 1941 1173 satisfactory delivery of all items specified minate this contract by a notice in writ­ changes in labor and material costs, in the contract, subject to partial pay­ ing from the Contracting Officer to the taxes, and other items subsequent to the ments as outlined in Article 6 hereof, the Contractor. making of such agreement, and such cost, plus a fixed fee of Two Million One Art. 18. Contingencies. It is under­ other appropriate changes as may be Hundred Seventy Thousand Dollars ($2,- stood and agreed that performance of agreed upon. If such an agreement shall 170,000.00) and the cost plus a fixed fee this contract by the Contractor is de­ be not duly executed, the provisions of for spare parts, which fee shall be ap­ pendent upon the execution of related this contract shall remain in full force proximately Two Hundred Seventeen contracts, including the Defense Plant and effect. Thousand Dollars ($217,000.00). Contract, the third party contract and Art. 34. Options. The Government is (b) For purposes of determining the a contract or contracts between United granted the right and option at any time amounts payable to the Contractor under Aircraft Corporation and the Contractor not later than * * * months prior to the this contract, allowable items of cost will covering licenses to manufacture and sell scheduled date of completion of this be determined by the Contracting Officer to the Government and the purchaser contract, to increase the quantity of en­ in accordance with Regulations for the under the third party contract engines gines called for under Item 1 of Article 1 determination of the cost of performing and spare parts of the type and model hereof by * * * engines and to in­ a contract. herein specified. If all such contracts crease the quantity of spare parts called Art. 5. Changes. The Contracting have not been executed in form satis­ for under the terms of Item 2 of Article Officer may, at any time, by a written factory to the Contractor within * * * 1 hereof by an amount equal to approxi­ order and without notice to the sureties, days from and after the effective date mately * * * complete engines. if any, make changes in or additions' to of this contract, or within such further This contract authorized under the the drawings and specifications, issue ad­ time as shall be agreed upon, the Con­ provisions of sec. 1 (a) Act of July 2, ditional instructions, require additional tractor shall have the right, within 1940, and sec. 2 (a) Act of June 28, 1940. work, or direct the omission of work cov­ * * * days thereafter to demand in F rank W. Bullock, ered by the contract. writing of the Contracting Officer that Major, Signal Corps, Art. 6. Payments. Reimbursement for the Government terminate this contract Assistant to the Director of cost. The Government will currently re­ upon the terms and conditions herein­ Purchases and Contracts. imburse the Contractor for such expend­ before stated in the clause permitting itures made in accordance with Article 3 [F. R. Doc. 41-1378; Filed, February 26, 1941; termination when the Contractor is not 9:46 a. m.] as may be approved or ratified by the in default, and the Government agrees Contracting Officer, and upon certifica­ in such event to so terminate. tion to and verification by the Contract­ Art. 20. Title to property where partial ing Officer of the original signed pay­ payments are made. The title to all DEPARTMENT OF THE INTERIOR. rolls for labor, the original paid invoices property upon which any partial pay­ for materials or other original papers. ment is made prior to the completion of Bituminous Coal Division. Generally, reimbursement will be made this contract, shall vest in the Govern­ [Dockets Nos. A-63 to A-68] weekly, but may be made at more fre­ ment. P etitions of Carrier and Son, P. and G. quent intervals if the conditions so Art. 22. Fire insurance. The Contrac­ warrant. Coal Company, A. D. G rasso, Elba Coal tor agrees to insure against fire all prop­ Company, Clarion Coal Mining Com­ Payment of the fixed fee. Ninety per­ erty in its possession upon which a par­ pany, and W olf-O-L ack Coal Company cent (90%) of the fixed fees set forth tial payment is about to be made, such for the Establishment and R evision of in paragraph (a) of Article 3 hereof insurance to be in a sum at least equal shall be paid as they accrue, in monthly E ffective Classifications and Min i­ to the amount of such payment plus all mum P rices for the H arlan, P. and G., installments as determined from esti­ other partial payments, if any, thereto­ E lba, D ocsmith, and Lone T ree Mines mates made and approved by the Con­ fore made thereon, and further agrees tracting Officer. Upon completion of the (Mine I ndex Nos. 197, 604, 599,136, and to keep such property so insured, until 603, District No. 1) and the H ercules work and its final acceptance, any un­ the same is delivered to the Government. paid balance of the fees, including the Min e, and for the Establishment of Art. 32. Special provision. After the Special Classifications and E ffective additions thereto, if any, to which the Contractor has manufactured under this Contractor may be entitled, as provided M inimum P rices for So-C alled “Crop” contract and the third party contract a Coal P roduced by the P etitioners in said paragraph (a) of Article 3, shall total of * * * engines of substantially be paid to the Contractor. the type and model herein specified, or at ORDER CONCERNING VARIOUS MOTIONS OF Advances. The Government, as re­ such other date as may be mutually DISTRICT BOARD NO. 1 AND ORIGINAL PETI­ quested by the Contractor from time to agreed upon by the parties hereto, the TIONERS AND ORDER FOR AND NOTICE OF time, shall make advance payments to Contractor, on the basis of the experi­ LIMITED REOPENING OF HEARING the Contractor, without payment of in­ ence or other bases for negotiation of Original petitions having been filed by terest thereon by the Contractor, of such prices obtained, will endeavor to reach the above-named parties, pursuant to sums as may be requested by the Con­ an agreement with the Government upon section 4 II (d) of the Bituminous Coal tractor and approved by the Contracting a definite price to be paid by the Govern­ Act of 1937; and Officer, the aggregate of which shall not ment to it per unit, in lieu of the cost A hearing having been held thereon exceed thirty per centum (30%) of the plus fixed fee herein otherwise provided before D. C. McCurtain, a duly desig­ estimated cost of the work under this for, and in the event that such an agree­ nated Examiner of the Division, on Oc­ contract. Such advances shall be made ment be reached and reduced to writing, tober 28-31, 1940, in a hearing room of upon such terms and conditions and with it may provide that the fixed price per the Division, 734 15th Street NW., Wash­ such security as the Secretary of War unit shall apply not only to units there­ ington, D. C.; and shall prescribe. after to be delivered under the terms of Orders of the Director, dated November Art. 9. Termination of contract by this contract, but also to units thereto­ 27, 1940 and January 9, 1941, granting Government. Should the Contractor at fore delivered, for which proper adjust­ temporary relief in these matters, having any time refuse, neglect or fail to prose­ ment shall be made. It is understood heretofore issued; and cute the work with promptness and dili­ that any agreement that may be reached District Board No. 1 now having filed gence, or default in the performance of between the parties hereto as provided a motion, dated January 28, 1941, to any of the agreements herein contained, hereinabove for the substitution of a rescind said Orders; and or should conditions arise which make definite price in lieu of cost-plus-a-fixed- The Original petitioners, A. D. Grasso, it advisable or necessary in the interest fee shall contain adequate and suitable P. and G. Coal Company, Clarion Coal of the Government to cease work under provisions for the adjustment from time Mining Company, and Elba Coal Com­ this contract, the Government may ter­ to time of such price on account of pany, Inc., having filed a motion, dated 1174 FEDERAL REGISTER, Thursday, February 27, 1941

January 31, 1941, to so modify the Order designated to preside at such hearing is for J ames W alsh & Company, I nc., dated January 9, 1941 as to permit the hereby authorized to conduct said hear­ L awrenceburg, I ndiana, in Market sale of coal loaded in the “No Bill” cars; ing, to administer oaths and affirmations, Area No. 26 and examine witnesses, subpoena witnesses, MEMORANDUM AND ORDER CONCERNING All the original petitioners having filed compel their attendance, take evidence, TEMPORARY RELIEF a motion, dated February 5, 1941, for require the production of any books, pa­ leave to amend the original petitions and pers, correspondence, memoranda, or Petitions were filed by the Consumers’ for reopening of the hearing herein; and other records deemed relevant or material Counsel Division requesting that The Old The Director having rendered a Memo­ to the inquiry, to continue said hearing Quaker Company, The Lawrenceburg randum Opinion concerning these mat­ from time to time, and to prepare and Roller Mills Co., and James Walsh & ters dated February 21,1941; submit to the Director proposed findings Company, Inc., consumers located in Now, therefore, it is ordered, That the of fact and conclusions and the recom­ Lawrenceburg, Indiana, be permitted to motions of District Board No. 1, dated mendation of an appropriate order in purchase coal at minimum f. o. b. mine January 28, 1941 and of original peti­ the premises, and to perform all other prices for free alongside delivery, and tioners, A. D. Grasso, P. and G. Coal Co., duties in connection therewith authorized further requesting that temporary relief Clarion Coal Mining Company, and Elba by law. be granted pending the disposition of Coal Company, Inc., dated January 31, Notice of such hearing is hereby given the petition. 1941, be and the same are hereby denied; to all parties herein and to persons or A hearing on these matters was held and entities having an interest in these pro­ on January 10, January 11, and January It is further ordered, That the motion ceedings. Any person who is not already 23, 1941. Subsequent to the hearing, of original petitioners dated February 8, a party but whose interests are affected Consumers’ Counsel Division moved that 1941, be and the same hereby is granted; by the amendments to the original peti­ temporary relief be granted on the basis and tions now received and desiring to be of the facts established at the hearing. It is further ordered, That the amend­ admitted as a party to this proceeding At the hearing petitioner introduced ments to the original petitions be and the may file a petition for leave to intervene evidence showing that during the years samp are hereby received and the hear­ in accordance with the Rules and Regu­ 1938, 1939, and 1940 The Lawrenceburg ing reopened for the limited purposes, lations of the Bituminous Coal Division Roller Mills Co. and James Walsh & however, of receiving further evidence on for Proceedings Instituted Pursuant to Company, Inc., received by far the major the following issues: section 4 II (d) of the Act. Such peti­ portion of their coal purchased via ex­ tions of intervention shall be filed with river movement at a substantial saving 1. The market history and marketing in price as compared with coal received conditions of original petitioners’ coals in the Bituminous Coal Division on or be­ fore February 27, 1941. during the same period by rail, and that Size Groups 4 and 5 when shipped via The matter concerned herewith is in The Old Quaker Company during 1939 lower lake ports for transshipment to regard to the requests of Carrier and and 1940 received substantially over 50 upper lake docks and consumers in Mar­ Son, P. and G. Coal Company, A. D. per cent of its coal purchases via ex-river ket Areas 98 and 99; Grasso, Elba Coal Company, Clarion Coal movement at a substantial saving as 2. The market history and marketing Mining Company, and Wolf-O-Lack Coal compared with coal received during that conditions, since October 31, 1940, of Company for reductions in the price clas­ period by rail. original and intervening petitioners’ coals sifications for their Harlan, P. and G., The Director is of opinion that peti­ when shipped by rail. Hercules, Elba, Docsmith, and Lone Tree tioner has made a prima facie showing All parties to these proceedings shall mines; and the request of all the afore­ that in the past each of these consumers have the opportunity of presenting evi­ mentioned petitioners for the establish­ has regularly purchased coal moving by dence as aforesaid. ment of special price classifications and river at a saving over available prices for It is further ordered, That the tempo­ effective minimum prices for so-called comparable coal moving by rail. The rary relief granted by said Orders of the “crop” coals produced by them for ship­ Director is further of opinion that peti­ Director dated November 27, 1940 and ments via rail and lake. tioner has made an adequate showing of January 9, 1941, be and the same hereby Dated: February 21, 1941. actual or impending injury in the event is extended until final determination of [seal] H. A. G ray, that temporary relief is not granted, that the petitions herein or until the Direc­ Director. the granting of this relief would not un­ tor shall otherwise order; and duly prejudice other interested persons It is further ordered, That the Exam­ [F. R. Doc. 41-1406; Filed, February 26, 1941; in advance of a final determination of iner before whom the hearing in this 11:41 a. m.] these proceedings, and that a sufficiently matter was held shall not submit his clear showing has been made that peti­ proposed findings of fact and conclusions tioner is entitled to the relief sought. and the recommendation of an appropri­ [Docket No. A-352J Now, therefore, it is ordered, That ate order in the premises until the ter­ P etition of T he Consumers’ Counsel pending final determination of these mination of the hearing; and D ivision Seeking F ree Alongside proceedings, code members may sell at It is further ordered, That the hearing, P rices F rom Districts N os. 8, 9, and 10 free alongside prices to The Old Quaker as heretofore limited, be reopened, under for the Old Quaker Company, Law- Company, The Lawrenceburg Roller the applicable provisions of said Act and renceburg, I ndiana, in Market Area Mills Co. and James Walsh & Company, the rules of the Division, on February 28, No. 26 Inc., for consumption at their plants lo­ 1941, at ten o’clock in the forenoon of cated at Lawrenceburg, Indiana. [Docket No. A-539] that day, at a hearing room of the Bi­ Motions to stay, terminate or modify tuminous Coal Division, 734 15th Street P etition of T he Consumers’ Counsel the temporary relief given in this order NW., Washington, D. C. On such day D ivision Seeking F ree Alongside may be made pursuant to the rules and the Chief of the Records Section in P rices F rom D istricts Nos. 8 and 9, regulations for proceedings pursuant to Room 502 will advise as to the room FOR THE LAWRENCEBURG ROLLER MILLS section 4 H (d) of the Bituminous Coal where such hearing will be held. Co., L awrenceburg, I ndiana, in Market Act of 1937. It is further ordered, That D. C. Mc­ Area No. 26 Dated: February 24, 1941. curtain, or any other officer or officers [Docket No. A-540] [seal] H. A. G ray, of the Bituminous Coal Division desig­ Director. nated by the Director thereof for that P etition of T he Consumers’ Counsel purpose shall preside at the reopened D ivision Seeking F ree Alongside [F. R. Doc. 41-1404; Filed, February 26, 1941; hearing in this matter. The officer so P rices F rom Districts Nos. 8,9, and 10 11:41 a. m.] FEDERAL REGISTER, Thursday, February 27, 1941 1175

[Docket No. A-623] 1/4" stoker. These sizes are dewatered for the coal in question. The Board then Petition of District Board No. 11 over a 1/4" round hole shaker screen. assigned the matter for the consideration for the E stablishment of a P rice of The resultant product passing through of a classification committee. Samples $1.00 P er T on on lU " x 0 Sludge, P ro­ the round holes is conveyed to a of the sludge were analyzed and verified duced By Min e I ndex 47, W hich Size sludge tank, from which it is carried to to the satisfaction of the committee that Is Currently E mbraced in Size G roup bins for storage, or for direct loading it was improperly priced at $1.50. The 25 into railroad cars or for mixing with committee recommended a 20 cent re­ other sizes of coal. This ¥4" x 0 sludge duction in the price of the coal. When MEMORANDUM OPINION AND ORDER CON­ falls technically into Size Group 25— CERNING TEMPORARY RELIEF the matter was referred to it, however, washed carbon—which, in the case of the District Board voted in favor of the This proceeding in the above entitled Mine Index 47, carries a price of $1.50 filing of a petition praying for a 50 cent Diatter was instituted upon an original per ton, the same as Size Group 14. reduction—a price of $1.00 per ton. petition filed with the Bituminous Coal Operating on a double shift, Mine Index At the conference, representatives of Division (the “Division”) by District 47 produces between 2 and 3 cars of the aforementioned District 10 code Board No. 11 on January 25, 1941, pur­ V 4 " x 0 sludge per day, or about 13 to 14 members, who operate mines in the suant to section 4 II (d) of the Bitu­ cars a ^eek. Between October 1, 1940, Southern Illinois Subdistrict, opposed the minous Coal Act of 1937 (the “Act”). and January 15,1941, it produced a total petition. They insisted that in the light The petition prays for the issuance of of about 152 cars of this sludge, or a total of the analyses of King Station sludge, temporary and final orders establishing of approximately 7,560 tons. Of this the establishment of a price of $1.00 for ^"xO sludge, produced by Mine total 6 cars, or 308 tons were shipped therefor would seriously prejudice the Index 47 (King Station Mine, Princeton direct to consumers or retail yards; 16 competitive opportunities of Southern Mining Company), District 11, a price cars, or 803 tons were shipped under Illinois mines—particularly in Market of $1.00 per ton in lieu of the Effective substitution permits on orders for raw Area 29, which is the scene of intense Minimum Price of $1.50 per ton for Size carbon; 41 cars, 1,983 tons, were mixed competition between Districts 10 and 11, Group 25, in which Size Group that size with other coal or railroad fuel coal; and where the granting of the relief of coal is presently included. District 74 cars, 3,716 tons, were wasted by the prayed for would accord King Station’s Board No. 10 has filed a petition of in­ C. & E. I. Railroad for the code member sludge delivered differentials under tervention, praying that no action be at a cost of $9.50 per car to the latter. Southern Illinois raw and washed car­ taken prejudicial to its interests or to The inclusion of this 1/4" x 0 in rail­ bon of 50 cents and $1.00, respectively. those of code members in District 10. road fuel provoked complaints from the It was stated on behalf of these code On February 6, 1941, an informal con­ consumers which have forced the code members, however, that there would be ference concerning temporary relief in member to discontinue this practice. no objection to the temporary effectua­ this matter was held pursuant to Likewise complaints concerning the in­ tion of the 20-cent reduction originally § 301.106 (d) of the Rules and Regula­ ferior quality of the coal have been re­ recommended by the District Board l l ’s tions Governing Practice and Procedure ceived from other consumers. classification committee. before the Bituminous Coal Division in Containing an unusually high per­ The Vice-President of the Franklin Proceedings Instituted Pursuant to sec­ centage of fines, and a moisture content, County Coal Corporation, one of the Dis­ tion 4 II (d) of the Bituminous Coal Act, as loaded, running as high as 30 per cent, trict 10 code members, stated that his upon due telegraphic notice to the orig­ King Station’s ^4" x 0 sludge is seemingly company had faced the same problem as inal petitioner and the Statistical Bureau of considerably poorer quality than the King Station with respect to the prepa­ for District 11, and notice by memoran­ washed carbon coal contemplated by the ration of washed carbon, namely, a se­ dum to the Consumers’ Counsel. The $1.50 price established for Size Group 25. vere shortage of water and valuable original petitioner was instructed to This is apparently due chiefly to the fact surrounding farm country—but had met notify interested persons of the confer­ that whereas washed carbon is usually the problem, nevertheless, by the in­ ence and the Statistical Bureau to post marketed after dewatering over 1 milli­ stallation of dewatering screens. The its notice thereof. meter screens in a centrifugal dryer, for Princeton Mining Company indicated at Appearances at the conference were the purpose of removing small fines and the conference that it was also attempt­ noted by the original petitioner; by Dis­ extraneous moisture, neither of these ing to work out a practicable method of trict Board 10; by Princeton Mining preparation methods, nor any other, is dewatering its sludge. Company; by the Old Ben Coal Corpora­ employed with respect to King Station’s The King Station Mine has generally tion, Peabody Coal Company, Chicago, sludge. in the past operated two shifts a day, Wilmington & Franklin Coal Company, According to the proponents of the in­ producing about 6800 tons of coal daily Franklin County Coal Corporation, and stant petition, King Station is unable to and has continued to do so under the Wasson Coal Company, code members in dewater its sludge over 1 millimeter Effective Minimum Prices. Assuming the District 10. Franklin County Coal Cor­ screens through a centrifugal drier be­ necessity of having the railroad waste poration also filed a separate appearance. cause of the scarcity of water at the mine. every car of sludge produced, the mine is The formal documents and the repre­ It was further asserted that it is im­ able to dispose of it and maintain its sentations made at the conference in this possible to store the coal in any quantity running time through an annual dis­ matter indicate that: on the ground at the mine, because the bursement of between $5,000.00 and Prior to October 1, 1940, the Prince­ incidental drainage was highly detri­ $7,000.00, as compared with a total annual ton Mining Company disposed of picking mental to surrounding farmland, and realization considerably in excess of table refuse accumulated at its King Sta­ would inevitably occasion the institution $1,000,000.00. It was conceded by a rep­ tion Mine by crushing it in a Bradford of lawsuits against the operators. resentative of the King Station Mine that Breaker, washing it, and marketing the Claiming that the market for the its current difficulties were occasioned by resultant product as cleaned breaker sludge is extremely limited, the original an attempt to market a new product, screenings. Shortly after this date, the petitioner and the Princeton Mining rather than by the prejudicial effect of a code member installed and placed in Company maintained that the 50 cent re­ price established for coals previously mar­ operation a larger washing plant at this duction prayed for was essential to permit keted by it; or, in other words, that the operation. It now washes a combination the operator to move the coal. problem confronting it had been occa­ of 6" x IV4" egg and crushed refuse This proceeding was originally initiated sioned by a change in its method of op­ taken from the lump picking table. by an application from the code member eration from October 1, 1940. When the washing process is completed to District Board 11 requesting that the Despite the fact that there was some the coal is screened into 6" x 3” egg, Board file a 4 II (d) petition, on its indication that the chief markets for the 3" x 2" nut, 2" x iy4" nut, and 1%" x behalf, praying for a reduction in price coal would be in territories surrounding 1176 FEDERAL REGISTER, Thursday, February 27, 1941 the mines where District 10 is not com­ and affirmations, examine witnesses, sub­ [Docket No. 1537-FD] petitive, the proponents of the original poena witnesses, compel their attend­ I n the Matter of T ierney M ining Co. petition refused at the conference either ance, take evidence, require the produc­ and W. B. Dotson, D efendants to accept temporary relief so limited as tion of any books, papers, correspond­ to market areas as to avoid or minimize ence, memoranda or other records NOTICE OF AND ORDER FOR HEARING the possibility of injury to competing code deemed relevant or material to the in­ A complaint dated January 27, 1941, members in District 10. The original quiry, to continue said hearing from time to time, and to such places as he may pursuant to the provisions of sections petitioner also declared that temporary 4 n (j) and 5 (b) of the Bituminous Coal relief in the form of a 20-cent reduction, direct by announcement at said hearing or any adjourned hearing or by subse­ Act of 1937, having been duly filed on as originally recommended by its classi­ January 30, 1941, by Troy T. Deskins fication committee, would be of no bene­ quent notice, and to prepare and submit to the Director proposed findings of fact a code member, complainant, with the fit. Bituminous Coal Division alleging will­ District Board 10 confined its position and conclusions and the recommendation of an appropriate order in the premises, ful violation by the defendant of the to a statement that it was opposed in Bituminous Coal Code or rules and regu­ principle to the granting of relief on the and to perform all other duties in con­ nection therewith authorized b»law. lations thereunder; basis of an informal conference. It is ordered, That a hearing in respect Having considered all the foregoing Notice of such hearing is hereby given circumstances, the Director is of the to said defendant and to all other parties to the subject matter of such complaint herein and to all persons and entities be held on March 31, 1941, at 10 a. m., opinion: That no reasonable showing of at a hearing room of the Bituminous necessity has been made for the granting having an interest in such proceeding. of the temporary relief prayed for; that Any person or entity eligible under Coal Division at Hotel Norton, Norton, § 301.123 of the Rules and Regulations Virginia. no adequate showing has been made of It is further ordered, That Charles O. actual and impending injury in event Governing Practice and Procedure Be­ fore the Bituminous Coal Division in Pro­ Fowler or any other officer or officers that such relief is not granted; that no of the Bituminous Coal Division desig­ adequate showing has been made that ceedings Instituted Pursuant to sections the granting of such relief would not 4 H (j) and 5 (b) of the Bituminous Coal nated by the Director thereof for that unduly prejudice such other interested Act of 1937, may file a petition for inter­ purpose shall preside at the hearing in persons in advance of a hearing; and vention not later than five (5) days be­ such matter. The officer so designated that the issues raised by this petition are fore the date herein set for hearing on to preside at such hearing is hereby au­ highly controversial and can properly the complaint. thorized to conduct said hearing, to ad- be determined only after full exploration Notice is hereby given, that answer to minster oaths and affirmations, examine of the facts at a formal hearing, which the complaint must be filed with the Bi­ witnesses, subpoena witnesses, compel is already set for an early date—March 4, tuminous Coal Division at its Washing­ their atendance, take evidence, require the production of any books, papers, cor­ 1941. ton office or with any one of the statis­ Now, therefore, it is ordered, That the tical bureaus of the Division, within respondence, memoranda or other records prayer for temporary relief, pending final twenty (20) days after date of service deemed relevant or material to the in­ thereof on the defendant; and that any quiry, to continue said hearing from time disposition of the petition herein, is to time, and to such places as he may denied. defendant failing to file an answer within Dated: February 24, 1941. such period, unless the Director or the direct by announcement at said hearing presiding officer shall otherwise order, or any adjourned hearing or by subse­ [seal] H. A. G ray, quent notice, and to prepare and submit Director. shall be deemed to have admitted the allegations of the complaint herein and to the Director proposed findings of fact [P. R. Doc. 41-1405; Piled, February 26, 1941; to have consented to the entry of an and conclusions and the recommenda­ 11:41 a. m.] appropriate order on the basis of the tion of an appropriate order in the facts alleged. premises, and to perform all other duties in connection therewith authorized by [Docket No. 1536-FD] All persons are hereby notified, that law. the hearing in the above-entitled matter Notice of such hearing is hereby given I n the Matter of Tiern ey Mining Com­ and orders entered therein may concern, to said defendant and to all other parties pany, D efendant in addition to the matters specifically al­ herein and to all persons and entities NOTICE OF AND ORDER FOR HEARING leged in the complaint herein, other mat­ having an interest in such proceeding. ters incidental and related thereto, Any person or entity eligible under A complaint dated January 27, 1941, whether raised by amendment of the pursuant to the provisions of sections 4 II § 301.123 of the Rules and Regulations complaint, petition for intervention, or Governing Practice and Procedure Be­ (j) and 5 (b) of the Bituminous Coal Act otherwise, and all persons are cautioned of 1937, having been duly filed on Janu­ fore the Bituminous Coal Division in to be guided accordingly. Proceedings Instituted Pursuant to sec­ ary 30, 1941, by Troy T. Deskins, a code The matter concerned herewith is in member, complainant, with the Bitumi­ tions 4 II (j) and 5 (b) of the Bitumi­ regard to the complaint filed by said com­ nous Coal Act of 1937, may file a petition nous Coal Division alleging willful viola­ plainant, alleging willful violation by the tion by the defendant of the Bituminous for intervention not later than five (5) above-named defendant of the Bitumi­ days before the date herein set for hear­ Coal Code or rules and regulations there­ nous Coal Code or rules and regulations under; ing on the complaint. thereunder as follows: By selling to Jen­ Notice is hereby given, that answer to It is ordered, That a hearing in respect nings Runyon, Bell Creek, Kentucky, on to the subject matter of such complaint the complaint must be filed with the Bi­ or about January 6, 1941, approximately tuminous Coal Division at its Washing­ be held on March 31, 1941, at 10 a. m., 2.48 tons of 3" and over lump coal pro­ at a hearing room of the Bituminous ton office or with any one of the statisti­ duced at its Tierney Mine, Mine Index cal bureaus of the Division, within twenty Coal Division at Hotel Norton, Norton, No. 461, District No. 8, at $2.50 per ton Virginia. (20) days after date of service thereof on f. o. b. the mine, the applicable effective the defendant; and that any defendant It is further ordered, That Charles O. minimum price f. o. b. the mine estab­ Fowler or any other officer or officers of failing to file an answer within such lished for such coal being $2.55 per ton. period, unless the Director or the presid­ the Bituminous Coal Division designated Dated: February 24,1941. by the Director thereof for that purpose ing officer shall otherwise order, shall shall preside at the hearing in such mat­ [seal] H. A. G ray, be deemed to have admitted the allega­ ter. The officer so designated to preside Director. tions of the complaint herein and to have at such hearing is hereby authorized to [P. R. Doc. 41-1403; Filed, February 26, 1941; consented to the entry of an appropriate conduct said hearing, to administer oaths 11:40 a. m.] order on the basis of the facts alleged. FEDERAL REGISTER, Thursday, February 27, 1941 1177

All persons are hereby notified, that of fact and conclusions and the recom­ H (j) and 5 (b) of the Bituminous Coal the hearing in the above-entitled matter mendation of an appropriate order in Act of 1937, having been duly filed on and orders entered therein may concern, the premises, and to perform all other February 6, 1941, by Bituminous Coal in addition to the matters specifically duties in connection therewith author­ Producers Board for District No. 8, a alleged in the complaint herein, other ized by law. district board, complainant, with the Bi­ matters incidental and related thereto, Notice of such hearing is hereby given tuminous Coal Division alleging willful whether raised by amendment of the to said defendant and to all other par­ violation by the defendant of the Bitumi­ complaint, petition for intervention, or ties herein and to all persons and en­ nous Coal Code or rules and regulations otherwise, and all persons are cautioned tities having an interest in such proceed­ thereunder; to be guided accordingly. ing. Any person or entity eligible under It is ordered, That a hearing in respect The matter concerned herewith is in § 301.123 of the Rules and Regulations to the subject matter of such complaint regard to the complaint filed by said Governing Practice and Procedure Be­ be held on March 31, 1941, at 10 a. m., complainant, alleging willful violation by fore the Bituminous Coal Division in at a hearing room of the Bituminous Coal the above-named defendant of the Bitu­ Proceedings Instituted Pursuant to sec­ Division at Hotel Norton, Norton, minous Coal Code or rules and regula­ tions 4 II (j) and 5 (b) of the Bituminous Virginia. tions thereunder as follows: By selling Coal Act of 1937, may file a petition for It is further ordered, That Charles O. on a delivered basis via truck to numer­ intervention not later than five (5) days Fowler or any other officer or officers of ous customers living in Stone, Huddy and before the date herein set for hearing on the Bituminous Coal Division designated Belfry, Kentucky, during the period since the complaint. by the Director thereof for that purpose October 1, 1940, large quantities of coal Notice is hereby given, that answer shall preside at the hearing in such mat­ hand picked from the refuse pile at its to the complaint must be filed with the ter. The officer so designated to preside Tierney Mine, Mine Index No. 461, Dis­ Bituminous Coal Division at its Wash­ at such hearing is hereby authorized to trict No. 8, at prices less than the appli­ ington office or with any one of the sta­ conduct said hearing, to administer oaths cable effective minimum prices f. o. b. the tistical bureaus of the Division, within and affirmations, examine witnesses, sub­ mine established for such coal plus the twenty (20) days after date of service poena witnesses, compel their attendance, transportation, handling and other in­ thereof on the defendant; and that any take evidence, require the production of cidental charges. defendant failing to file an answer within any books, papers, correspondence, mem­ Dated: February 24, 1941. such period, unless the Director or the oranda or other records deemed relevant [seal] H. A. G ray, presiding officer shall otherwise order, or material to the inquiry, to continue , Director. shall be deemed to have admitted the said hearing from time to time, and to allegations of the complaint herein and [F. R. Doc. 41-1402; Filed, February 26, 1941; such places as he may direct by an­ 11:40 a. m.] to have consented to the entry of an nouncement at said hearing or any ad­ appropriated order on the basis of the journed hearing or by subsequent notice, facts alleged. and to prepare and submit to the Di­ [Docket No. 1538-FD] All persons are hereby notified, that rector proposed findings of fact and con­ the hearing in the above-entitled matter clusions and the recommendation of an In the M atter of Varney & R ose, and orders entered therein may concern, a P artnership, D efendant appropriate order in the premises, and in addition to the matters specifically to perform all other duties in connection NOTICE OF AND ORDER FOR HEARING alleged in the complaint herein, other therewith authorized by law. matters incidental and related thereto, A complaint dated January 27, 1941, Notice of such hearing is hereby given whether raised by amendment of the to said defendant and to all other parties pursuant to the provisions of sections complaint, petition for intervention, or 4 II (j) and 5 (b) of the Bituminous herein and to all persons and entities otherwise, and all persons are cautioned having an interest in such proceeding. Coal Act of 1937, having been duly filed to be guided accordingly. on January 30, 1941, by Troy T. Deskins, Any person or entity eligible under The matter concerned herewith is in § 301.123 of the Rules and Regulations a code member, complainant, with the regard to the complaint filed by said Bituminous Coal Division alleging will­ Governing Practice and Procedure Be­ complainant, alleging willful violation by fore the Bituminous Coal Division in ful violation by the defendant of the Bi­ the above-named defendant of the Bitu­ tuminous Coal Code or rules and regula­ Proceedings Instituted Pursuant to sec­ minous Coal Code or rules and regula­ tions 4 II (j) and 5 (b) of the Bituminous tions thereunder: tions thereunder as follows: By selling to It is ordered. That a hearing in re­ Coal Act of 1937, may file a petition for the Pike County Board of Education, intervention not later than five (5) days spect to the subject matter of such com­ Pikeville, Kentucky, during the period plaint be held on March 31, 1941, at before the date herein set for hearing on on or about October 14, 1940 to October the complaint. 10 a. m., at a hearing room of the Bi­ 16, 1940, both dates inclusive, 40 tons of tuminous Coal Division at Hotel Norton, IV4" and over lump coal produced at its Notice is hereby given, that answer to Norton, Virginia. Varney and Rose Mine, Mine Index No. the complaint must be filed with the It is further ordered, That Charles O. 2397, District No. 8, at a price of $2.15 per Bituminous Coal Division at its Washing­ Fowler or any other officer or officers of ton f. o. b. the mine, the applicable ton office or with any one of the statistical the Bituminous Coal Division designated effective minimum price f. o. b. the mine bureaus of the Division, within twenty by the Director thereof for that purpose established for such coal being $2.25 per (20) days after date of service thereof on shall preside at the hearing in such mat­ ton. the defendant; and that any defendant ter. The officer so designated to preside Dated: February 24, 1941. failing to file an answer within such pe­ at such hearing is hereby authorized to riod, unless the Director or the presiding conduct said hearing, to administer oaths [seal] H. A. G ray, officer shall otherwise order, shall be and affirmations, examine witnesses, sub­ Director. deemed to have admitted the allegations poena witnesses, compel their attend­ [F. R. Doc. 41-1401; Filed, February 26, 1941; of the complaint herein and to have ance, take evidence, require the produc­ 11:40 a. m.] consented to the entry of an appropriate tion of any books, papers, correspond­ order on the basis of the facts alleged. ence, memoranda or other records All persons are hereby notified, that deemed relevant or material to the in­ [Docket No. 1554-FD] the hearing in the above-entitled matter quiry, to continue said hearing from I n the Matter of W illiam Adams, and orders entered therein may concern, time to time, and to such places as he D efendant in addition to the matters specifically al­ may direct by announcement at said leged in the complaint herein, other mat­ hearing or any adjourned hearing or by NOTICE OF AND ORDER FOR HEARING ters incidental and related thereto, subsequent notice, and to prepare and A complaint dated February 5, 1941, whether raised by amendment of the submit to the Director proposed findings pursuant to the provisions of sections 4 complaint, petition for intervention, or 1178 FEDERAL REGISTER, Thursday, February 27, 1941 otherwise, and all persons are cautioned ceedings and eligible to becom'e a party tion of an appropriate order in the prem­ to be guided accordingly. herein. Any person desiring to be ad­ ises, and to perform all other duties in The matter concerned herewith is in mitted as a party to this proceeding may connection therewith authorized by law. regard to the complaint filed by said com­ file a petition of intervention in accord­ Notice of such hearing is hereby given plainant, alleging willful violation by the ance with the rules and regulations of to all parties herein and to persons or above-named defendant of the Bitumin­ the Bituminous Coal Division for pro­ entities having an interest in these pro­ ous Coal Code or rules and regulations ceedings instituted pursuant to section 4 ceedings and eligible to become a party thereunder as follows: By selling during 11(d) of the Act, setting forth the facts herein. Any person desiring to be ad­ the period since October 1,1940, to Clark on the basis of which the relief in the mitted as a party to this proceeding may Day and various other persons approxi­ original petition is supported or op­ file a petition of intervention in accord­ mately 300 tons of 1*4" lump coal and posed or on the basis of which other re­ ance with the rules and regulations of approximately 300 tons of 1*A" x 0 nut- lief is sought. Such petitions of inter­ the Bituminous Coal Division for pro­ slack coal produced by the defendant at vention shall be filed with the Bitumi­ ceedings instituted pursuant to section his mine located at Sand Lick Gap, Ken­ nous Coal Division on or before March 4 II (d) of the Act, setting forth the facts tucky, at a price of not more than $1.50 10, 1941. on the basis of which the relief in the per ton f. o. b. the mine for 1^4" lump All persons are hereby notified that original petition is supported or opposed coal and not more than $1.00 per ton the hearing in the above-entitled matter or on the basis of which other relief is for l*/4" x 0 nut-slack coal f. o. b. the and any orders entered therein, may sought. Such petitions of intervention mine, the applicable effective minimum concern, in addition to the matters spe­ shall be filed with the Bituminous Coal price established for said coal f. o. b. the cifically alleged in the petition, other Division on or before March 1, 1941. mine being $2.55 per ton and $1.60 per matters necessarily incidental and re­ All persons are hereby notified that ton, respectively. lated thereto, which may be raised by the hearing in the above-entitled matter Dated: February 24, 1941. amendment to the petition, petitions of and any orders entered therein, may concern, in addition to the matters spe­ [seal] H. A. G ray, interveners or otherwise, or which may Director. be necessary corollaries to the relief, if cifically alleged in the petition, other any, granted on the basis of this petition. matters necessarily incidental and re­ [F. R. Doc. 41-1396; Filed, February 26, 1941; The matter concerned herewith is in lated thereto, which may be raised by 11:39 a. m.] regard to a petition of Hackathorn & amendment to the petition, petitions of Myers, a producer in District 4, for re­ interveners or otherwise, or which may be necessary corollaries, to the relief, if [Docket No. A-506] duction in the effective minimum prices in Size Groups 6, 7, and 8, for shipment any, granted on the basis of this petition. P etition of H ackathorne & M yers, a by truck to certain destinations in The matter concerned herewith is in P roducer in District No. 4, for a Market Area 13. regard to a petition of the Osborne Coal C hange in the E ffective M inim um Dated: February 25,1941. Company, a producer in District 8, for a P rices reduction in the effective minimum prices [seal] H. A. G ray, on certain tonnages of nut and slack and n o t ic e o f and order fo r h ea r in g Director. egg coals alleged to be on fire or threat­ A petition, pursuant to the Bituminous [F. R. Doc. 41-1395; Filed, February 26, 1941; ened by fire. Coal Act of 1937, having been duly filed 11:39 a. m.] Dated, February 25, 1941. with this Division by the above-named [seal] H. A. G ray, party; Director. It is ordered, That a hearing in the [Docket No. A-646] [F. R. Doc. 41-1894; Filed, February 26, 1941; above-entitled matter under the appli­ P etition of Osborne Coal Company, a 11:39 a. m.] cable provisions of said Act and the rules P roducer in District No. 8, for an of the Division be held on March 14,1941, E mergency Order for a R eduction in at 10 o’clock in the forenoon of that day, M inimum P rices at a hearing room of the Bituminous Coal [Docket No. 1549-FD] notice of and order for hearing Division, 734 Fifteenth Street, NW., In the M atter of N. J. Lucas, D efendant Washington, D. C. On such day the A petition, pursuant to the Bituminous Chief of the Records Section in room Coal Act of 1937, having been duly filed NOTICE OF AND ORDER FOR HEARING 502 will advise as to the room where with this Division by the above-named A complaint dated February 6, 1941, such hearing will be held. party; pursuant to the provisions of sections It is further ordered, That D. C. Mc- It is ordered, That a hearing in the 4 II (j) and 5 (b) of the Bituminous Coal Curtain or ayy other officer or officers above-entitled matter under the appli­ Act of 1937, having been duly filed on of the Division duly designated for that cable provisions of said Act and the rules February 6, 1941, by Bituminous Coal purpose shall preside at the hearing in of the Division be held on March 4, 1941, Producers Board for District No. 8, a such matter. The officers so designated at 2 o’clock in the afternoon of that day, district board, complainant, with the to preside at such hearing are hereby at the Post Office Building, London, Ken­ Bituminous Coal Division alleging willful authorized to conduct said hearing, to tucky. violation by the defendant of the Bitumi­ administer oaths and affirmations, ex­ It is further ordered, That Charles O. nous Coal Code or rules and regulations amine witnesses, subpoena witnesses, Fowler or any other officer or officers of thereunder; compel their attendance, take evidence, the Division duly designated for that pur­ It is ordered, That a hearing in respect require the production of any books, pa­ pose shall preside at the hearing in such to the subject matter of such complaint pers, correspondence, memoranda, or matter. The officers so designated to pre­ be held on April 3, 1941, at 10 a. m., at a other records deemed relevant or ma­ side at such hearing are hereby author­ hearing room of the Bituminous Coal Di­ terial to the inquiry, to continue said ized to conduct said hearing, to admin­ vision at Hotel Norton, Norton, Virginia. hearing from time to time, and to pre­ ister oaths and affirmations, examine wit­ It is further ordered, That Charles O. pare and submit to the Director pro­ nesses, subpoena witnesses, compel their Fowler or any other officer or officers of posed findings of fact and conclusions attendance, take evidence, require the the Bituminous Coal Division designated and the recommendation of an appro­ production of any books, papers, corre­ by the Director thereof for that purpose priate order in the premises, and to per­ spondence, memoranda, or other records shall preside at the hearing in such mat­ form all other duties in connection deemed relevant or material to the in­ ter. The officer so designated to preside therewith authorized by law. quiry, to continue said hearing from at such hearing is hereby authorized to Notice of such hearing is hereby given time to time, and to prepare and submit conduct said hearing, to administer oaths to all parties herein and to persons or to the Director proposed findings of fact and affirmations, examine witnesses, sub­ entities having an interest in these pro­ and conclusions and the recommenda­ poena witnesses, compel their attendance, FEDERAL REGISTER, Thursday, February 27, 1941 1179 take evidence, require the production of about Whitesburg, Kentucky, the appli­ § 301.123 of the Rules and Regulations any books, papers, correspondence, mem­ cable effective minimum price estab­ Governing Practice and Procedure Be­ oranda or other records deemed relevant lished for said coal f. o. b. the mine being fore the Bituminous Coal Division in or material to the inquiry, to continue $1.60 per ton, the actual cost of deliver­ Proceedings Instituted Pursuant to sec­ said hearing from time to time, and to ing such coal in each instance being more tions 4 II (j) and 5 (b) of the Bituminous such places as he may direct by an­ than 70 per ton; and (3) during the Coal Act of 1937, may file a petition for nouncement at said hearing or any ad­ period since October 1, 1940 to the intervention not later than five (5) days journed hearing or by subsequent notice, Letcher County Board of Education ap­ before the date herein set for hearing on and to prepare and submit to the Director proximately 500 tons of IV2" x %" coal the complaint. proposed findings of fact and conclusions produced by the defendant at his Lucas Notice is hereby given, That answer to and the recommendation of an appro­ Mine, Mine Index No. 1348, District No. the complaint must be filed with the Bi­ priate order in the premises, and to per­ 8, at a price of $1.47 per ton delivered tuminous Coal Division at its Washington form all other duties in connection there­ throughout Letcher County, the appli­ office or with any one of the statistical with authorized by law. cable effective minimum price established bureaus of the Division, within twenty Notice of such hearing is hereby given for said coal f. o. b. the mine being $2.05 (20) days after date of service thereof to said defendant and to all other parties per ton. on the defendant; and that any defend­ herein and to all persons and entities Dated: February 25,1941. ant failing to file an answer within such having an interest in such proceeding. [seal] H. A. G ray, period, unless the Director or the pre­ Any person or entity eligible under Director. siding officer shall otherwise order, shall § 301.123 of the Rules and Regulations be deemed to have admitted the allega­ [F. R. Doc. 41-1400; Filed, February 26, 1941; Governing Practice and Procedure Before 11:40 a. m.] tions of the complaint herein and to the Bituminous Coal Division in Proceed­ have consented to the entry of an appro­ ings Instituted Pursuant to sections 4 II priate order on the basis of the facts (j) and 5 (b) of the Bituminous Coal Act [Docket No. 1550-FD] alleged. of 1937, may file a petition for interven­ All persons are hereby notified, That tion not later than five (5) days before I n the M atter of H enry Cook, the hearing in the above-entitled matter the date herein set for hearing on the D efendant and orders entered therein may concern, complaint. NOTICE OF AND ORDER FOR HEARING in addition to the matters specifically al­ Notice is hereby given, that answer to A complaint dated February 5, 1941, leged in the complaint herein, other mat­ the complaint must be filed with the pursuant to the provisions of sections 4 ters incidental and related thereto, Bituminous Coal Division at its Washing­ II (j) and 5 (b) of the Bituminous Coal whether raised by amendment of the ton office or with any one of the statis­ Act of 1937, having been duly filed on complaint, petition for intervention, or tical bureaus of the Division, within February 6, 1941, by Bituminous Coal otherwise, and all persons are cautioned twenty (20) days after date of service Producers Board for District No. 8, a dis­ to be guided accordingly. thereof on the defendant; and that any trict board, complainant, with the Bitu­ The matter concerned herewith is in defendant failing to file an answer minous Coal Division alleging willful regard to the complaint filed by said within such period, unless the Director violation by the defendant of the Bitu­ complainant, alleging willful violation by or the presiding officer shall otherwise minous Coal Code or rules and regula­ the above-named defendant of the Bi­ order, shall be deemed to have admitted tions thereunder; tuminous Coal Code or rules and regula­ the allegations of the complaint herein It is ordered, That a hearing in respect tions thereunder as follows: By selling and to have consented to the entry of to the subject matter of such complaint during the period since October 1, 1940, an appropriate order on the basis of the be held on April 3, 1941, at 10 a. m., at a to various persons approximately 400 facts alleged. hearing room of the Bituminous Coal tons of 1 lU" lump coal produced at the All persons are hereby notified, that Division at Hotel Norton, Norton, Vir­ defendant’s mine located on Camp the hearing in the above-entitled matter ginia. Branch near Sand Lick Gap, Letcher and orders entered therein may concern, It is further ordered, That Charles O. County, Kentucky, at a price of not more in addition to the matters specifically Fowler or any other officer or officers of than $1.25 per ton f. o. b. the mine, the alleged in the complaint herein, other the Bituminous Coal Division designated applicable effective minimum price matters incidental and related thereto, by the Director thereof for that purpose established for said coal f. o. b. the mine whether raised by amendment of the shall preside at the hearing in such mat­ being $2.55 per ton. complaint, petition for intervention, or ter. The officer so designated to preside Dated: February 25, 1941. otherwise, and all persons are cautioned at such hearing is hereby authorized to [seal] H. A. G ray, to be guided accordingly. conduct said hearing, to administer oaths Director. The matter concerned herewith is in and affirmations, examine witnesses, sub­ regard to the complaint filed by said [F. R. Doc. 41-1399; Filed, February 26, 1941; poena witnesses, compel their attendance, 11:40 a. m.] complainant, alleging willful violation by take evidence, require the production of the above-named defendant of the Bi­ any books, papers, correspondence, mem­ tuminous Coal Code or rules and regula­ oranda or other records deemed relevant tions thereunder as follows: By selling or material to the inquiry, to continue \ [Docket No. 1552-FD] (1) during the period since October 1, said hearing from time to time, and to I n the M atter of R. I. S enters, 1940 to various persons approximately such places as he may direct by an­ 1 D efendant 500 tons of IV2" lump coal produced by nouncement at said hearing or any ad­ the defendant at his Lucas Mine, Mine journed hearing or by subsequent notice, NOTICE OF AND ORDER FOR HEARING Index No. 1348, District No. 8, at a price and to prepare and submit to the Director A complaint dated February 5, 1941, of $2.50 per ton delivered via truck into proposed findings of fact and conclusions pursuant to the provisions of sections Whitesburg, Kentucky, the applicable and the recommendation of an appropri­ 4 II (j) and 5 (b) of the Bituminous Coal effective minimum price established for ate order in the premises, and to perform Act of 1937, having been duly filed on said coal f. 0. b. the mine being $2.55 per all other duties in connection therewith February 6, 1941, by Bituminous Coal ton; (2) during the period since October authorized by law. Producers Board for District No. 8, a dis­ 1, 1940 to various persons approximately Notice of such hearing is hereby given trict board, complainant, with the Bitu­ 600 tons of IV2" x 0 nut-slack coal pro­ to said defendant and to all other parties minous Coal Division alleging willful duced by the defendant at his Lucas herein and to all persons and entities violation by the defendant of the Bitumi­ Mine, Mine Index No. 1348, at a price of having an interest in such proceeding. nous Coal Code or rules and regulations $1.67 per ton delivered via truck in and Any person or entity eligible under thereunder; No. 40— 4 1180 FEDERAL REGISTER, Thursday, February 27, 1941

It is ordered, That a hearing in respect (1) during the period since October 1, I Notice of such hearing is hereby given to the subject matter of such complaint 1940, to Clark Day, Whitesburg, Ken- I to said defendant and to all other parties be held on April 2, 1941, at 10 a. m., at tucky, and numerous other persons liv­ herein and to all persons and entities a hearing room of the Bituminous Coal ing at or near Whitesburg, Kentucky, ap­ having an interest in such proceeding. Division at Hotel Norton, Norton, Va. proximately 600 tons of li4" lump coal Any person or entity eligible under It is further ordered, That Charles O. produced by the defendant at his Rich­ § 301.123 of the Rules and Regulations Fowler or any other officer or officers of ard Senters mine, Mine Index No. 2567, Governing Practice and Procedure Be­ the Bituminous Coal Division designated District No. 8, at a price of $1.00 per ton fore the Bituminous Coal Division in pro­ by the Director thereof for that purpose f . o. b. the mine, the applicable effective ceedings Instituted Pursuant to sections shall preside at the hearing in such mat­ minimum price established for said coal 4 H (j) and 5 (b) of the Bituminous Coal ter. The officer so designated to preside f. o. b. the mine being $2.55; and (2) Act of 1937, may file a petition for inter­ at such hearing is hereby authorized to during the period since October 1, 1940, vention not later than five (5) days be­ conduct said hearing, to administer oaths to Clark Day, Whitesburg, Kentucky, fore the date herein set for hearing on and affirmations, examine witnesses, and numerous other persons living at or the complaint. subpoena witnesses, compel their attend­ near Whitesburg, Kentucky, approxi­ Notice is hereby given, that answer ance, take evidence, require the produc­ mately 600 tons of 1*4" nut-slack coal to the complaint must be filed with the tion of any books, papers, correspond­ produced by the defendant at his Rich­ Bituminous Coal Division at its Wash­ ence, memoranda or other records ard Senters mine, Mine Index No. 2567, ington office or with any one of the sta­ deemed relevant or material to the in­ District No. 8, at a price of 7&0 per ton tistical bureaus of the Division, within quiry, to continue said hearing from time f. o. b. the mine, the applicable effective twenty (20) days after date of service to time, and to such places as he may minimum price established for said coal thereof on the defendant; and that any direct by announcement at said hearing f. o. b. the mine being $1.60 per ton. defendant failing to file an answer within or any adjourned hearing or by subse­ Dated: February25,1941. such period, unless the Director or the quent notice, and to prepare and submit [seal] H. A. G ray, presiding officer shall otherwise order, to the Director proposed findings of fact Director. shall be deemed to have admitted the and conclusions and the recommenda­ allegations of the complaint herein and [F. R. Doc. 41-1398; Piled, February 26, 1941; to have consented to the entry of an tion of an appropriate order in the 11:39 a. m.] premises, and to perform all other duties appropriate order on the basis of the in connection therewith authorized by facts alleged. law. All persons are hereby notified, that Notice of such hearing is hereby given [Docket No. 1553-FD] the hearing in the above-entitled matter and orders entered therein may concern, to said defendant and to all other parties I n the M atter op D elaney G ibson, in addition to the matters specifically herein and to all persons and entities D efendant having an interest in such proceeding. alleged in the complaint herein, other Any person or entity eligible under NOTICE OF AND ORDER FOR HEARING matters incidental and related thereto, § 301.123 of the Rules and Regulations A complaint dated February 5, 1941, whether raised by amendment of the Governing Practice and Procedure Be­ pursuant to the provisions of sections complaint, petition for intervention, or fore the Bituminous Coal Division in 4 II (j) and 5 (b) of the Bituminous Coal otherwise, and all persons are cautioned Proceedings Instituted Pursuant to sec­ Act of 1937, having been duly filed on to be guided accordingly. tions 4 n (j) and 5 (b) of the Bituminous February 6, 1941, by Bituminous Coal The matter concerned herewith is in Coal Act of 1937, may file a petition for Producers Board for District No. 8, a regard to the complaint filed by said intervention not later than five (5) days district board, complainant, with the Bi­ complainant, alleging willful violation by before the date herein set for hearing tuminous Coal Division alleging willful the above-named defendant of the Bitu­ on the complaint. violation by the defendant of the Bitu­ minous Coal Code or rules and regula­ Notice is hereby given, That answer minous Coal Code or rules and regula­ tions thereunder as follows: By selling to the complaint must be filed with the tions thereunder; during the period since October 1, 1940 Bituminous Coal Division at its Wash­ It is ordered, That a hearing in respect to Clark Day, Whitesburg, Kentucky, ington office or with any one of the sta­ to the subject matter of such complaint and numerous other persons living at tistical bureaus of the Division, within be held on April 2, 1941, at 10 a. m., at or near Whitesburg, Kentucky, approxi­ twenty (20) days after date of service a hearing room of the Bituminous Coal mately 600 tons of mine run coal pro­ thereof on the defendant; and that any Division at Hotel Norton, Norton, Va. duced by the defendant at his Delaney defendant failing to file an answer within Gibson mine, Mine Index No. 1341, Dis­ It is further ordered, That Charles O. trict No. 8, at a price of $1.25 per ton such period, unless the Director or the Fowler or any other officer or officers of presiding officer shall otherwise order, f. o. b. the mine, the applicable effective the Bituminous Coal Division designated minimum prices established for said coal shall be deemed to have admitted the by the Director thereof for that purpose allegations of the complaint herein and f. o. b. the mine being $2.10 per ton. shall preside at the hearing in such mat­ Dated: February 25, 1941. to have consented to the entry of an ter. The officer so designated to preside appropriate order on the basis of the at such hearing is hereby authorized to [seal] H. A. G ray, facts alleged. conduct said hearing, to administer oaths Director. All persons are hereby notified, That and affirmations, examine witnesses, sub­ [P. R. Doc. 41-1397; Piled, February 26, 1941; the hearing in the above-entitled mat­ poena witnesses, compel their attend­ 11:39 a. m.] ter and orders entered therein may con­ ance, take evidence, require the produc­ cern, in addition to the matters spe­ tion of any books, papers, correspondence, cifically alleged in the complaint herein, memoranda or other records deemed General Land Office. other matters incidental and related relevant or material to the inquiry, to thereto, whether raised by amendment continue said hearing from time to time, S tock D riveway W ithdrawal No. 62, of the complaint, petition for interven­ and to such places as he may. direct by N evada No. 11, R educed tion, or otherwise, and all persons are announcement at said hearing or any Departmental order of March 6, 1919, cautioned to be guided accordingly. adjourned hearing or by subsequent withdrawing certain lands in Nevada for The matter concerned herewith is in notice, and to prepare and submit to the stock driveway purposes under section regard to the complaint filed by said Director proposed findings of fact and 10 of the act of December 29, 1916, 39 complainant, alleging willful violation by conclusions and the recommendation of Stat. 862, as amended by the act of Jan­ the above-named defendant of the Bitu­ an appropriate order in the premises, uary 29, 1929, 45 Stat. 1144, is hereby minous Coal Code or rules and regula­ and to perform all other duties in con­ revoked so far as it affects the following- tions thereunder as follows: By selling nection therewith authorized by law. described lands, such revocation to be FEDERAL REGISTER, Thursday, February 27, 1941 1181 effective upon the reservation of the Surplus Marketing Administration. United States, has executed this determi­ lands for the use of the War Department nation in duplicate, and has hereunto for military purposes: Determination of the Secretary of Ag­ set his hand and caused the official seal of riculture, Approved by the P resident Mount Diablo Meridian the Department of Agriculture to be afr of the United States, W ith R espect fixed in the city of Washington, District T. 2 N., R. 43 E., sec. 12, Ey2; to the I ssuance of Amendment No. 1 T. 2 N., R. 44 E., secs. 7 and 8, all; of Columbia, this 21st day of February to the O rder, as Amended, R egulating 1941. aggregating 1,590.83 acres. the H andling of Milk in the New York M etropolitan Milk M arketing [seal] G rover B. H ill, E. K. Burlew, Acting Secretary of Agriculture. Acting Secretary of the Interior. Area Approved : J anuary 7, 1941. Whereas the Secretary of Agriculture of the United States of America, pursuant F ranklin D R oosevelt [F. R. Doc. 41-1382; Filed, February 26, 1941; to the powers conferred upon the Secre­ The President of the United States. 9:47 a. m.] tary by Public Act No. 10, 73d Congress, Dated: F ebruary 25, 1941. as amended and as reenacted and [F. R. Doc. 41-1413; Filed, February 26, 1941; amended by the Agricultural Marketing 11:50 a. m.] S tock D riveway W ithdrawal No. 3, Agreement Act of 1937, issued on March W yoming No. 1. R educed 30, 1940, and, on April 25, 1940, made ef­ Departmental order of October 20, fective, as of May 1, 1940, the order, as Order of the Secretary of Agriculture 1917, establishing Stock Driveway With­ amended, regulating the handling of milk T erminating the Suspension of the drawal No. 3, Wyoming No. 1, under sec­ in the New York metropolitan milk mar­ keting area; and O rder, as Amended, R egulating the tion 10 of the act of December 29, 1916, H andling of Milk in the New Y ork as amended by the act of Jauary 29,1929, Whereas the Secretary, having reason Metropolitan Milk Marketing Area, 39 Stat. 865, 45 Stat. 1144, 43 U.S.C. 300, to believe that amendments to said order, and Making E ffective Amendment No. as adjusted by departmental order of as amended, would tend to effectuate the 1 to Such Order, as Amended August 17, 1928, is hereby revoked so far declared policy of the act, gave on the as it affects the following-described 20th day of September 1940, notice of Whereas the Secretary of Agriculture lands: hearings which were held on October 7 of the United States of America, pur­ suant to the powers conferred upon the Sixth Principal Meridian and 8, 1940, at New York City; on Octo­ ber 9 and 10, 1940, at Syracuse, New Secretary by Public Act No. 10, 73d Con­ T. 51 N., R. 80 W., sec. 30, lots 10, 11, SE1/4SW1/4, SEi/4; York; on October 11, 1940, at Albany, gress, as amended and as reenacted and T. 51 N., R. 81 W., New York; and on October 15 and 16, amended by the Agricultural Marketing sec. 23, SE14, 1940, at New York City; and at said times Agreement Act of 1937, issued, on De­ sec. 25, SWV4. Ei/2SEi4, SWy4SEi/4, cember 9, 1940, amendment No. 1 to the sec. 26, NW14NE14, Sy2NE%, SE14; and places conducted public hearings at which all interested parties were afforded order, as amended, regulating the han­ aggregating 993.87 acres. an opportunity to be heard on the pro­ dling of milk in the New York Metropoli­ O scar L. Chapman, posed amendments to said order, as tan milk marketing area, said amend­ Assistant Secretary of the Interior. amended; and ment No. 1 to become effective at such time as the Secretary might subsequently F ebruary 11, 1941. Whereas after said hearings and after the tentative approval by the Secretary, declare; and [F. R. Doc. 41-1381; Filed, February 26, 1941; on December 9, 1940, of a marketing Whereas the Secretary of Agriculture, 9:47 a. m.] agreement, handlers of more than fifty on January 17, 1941, after having found (50) percent of the volume of milk cov­ that the order,1 as amended, regulating ered by the order, as amended, and as the handling of milk in the New York amended by amendment No. 1, which is metropolitan milk marketing area ob­ DEPARTMENT OF AGRICULTURE. produced for sale in the New York metro­ structs and does not tend to effectuate the declared policy of the act, suspended Rural Electrification Administration. politan milk marketing area, refused or failed to sign such tentatively approved said order, as amended, effective as of [Administrative Order No. 558] marketing agreement relating to milk; 11:59 p. m., e. s. t., February 28, 1941; Allocation of F unds for Loans Now, therefore, the Secretary of Agri­ and culture, pursuant to the powers conferred Whereas the requirements, with re­ F ebruary 17,1941. upon him by said act, hereby determines: spect to said amendment No. 1, of section By virtue of the authority vested in 8c (9) of the above-mentioned act have me by the provisions of section 4 of the 1. That the refusal or failure of said been complied with, and the Secretary, Rural Electrification Act of 1936, as handlers to sign said tentatively ap­ having previously found that the order, amended, I hereby allocate, from the proved marketing agreement tends to as amended, and as amended by said sums authorized by said Act, funds for prevent the effectuation of the declared amendment No. 1, will tend to effectuate loans for the projects and in the amounts policy of the act; the declared policy of said act, desires as set forth in the following schedule: 2. That the issuance of amendment to terminate said order of suspension and No. 1 to the order, as amended, is the Project designation: Amount simultaneously therewith to make effec­ Georgia 1091B1 Laurens______$50,000 only practical means, pursuant to such tive said amendment No. 1: Illinois 1012B2 Bureau______70, 000 policy, of advancing the interests of pro­ Now, therefore, Grover B. Hill, Acting Illinois 1036B2 Jasper______105, 000 ducers of milk, which is produced for sale Secretary of Agriculture, pursuant to the Minnesota 1012B1 St. Louis______10,000 in said area; and Minnesota 1094A1 North Itasca___ 25, 000 powers conferred upon him by said act, Minnesota 1096A1 Beltrami...... 25,000 3. That the issuance of amendment hereby terminates, effective as of 11:59 Nebraska 1007B1 Southeastern Ne­ No. 1 to the order, as amended, is ap­ p. m., e. s. t., February 28, 1941, said braska D. P______65, 000 proved or favored by over two-thirds of Nebraska 1076E1 Southern Nebras­ order of suspension, and hereby declares ka D. P______60,000 the producers who participated in a ref­ that said amendment No. 1 to the order, Pennsylvania 1020D1 Blair______5,000 erendum conducted by the Secretary and as amended, regulating the handling of Pennsylvania 1024C1 Bedford____ 27,000 who, during the month of November milk in the New York metropolitan milk Utah 1008C2 Duchesne______6 000 1940, said month having been determined Washington 1031A1 Chelan______52,000 marketing area, shall be effective on and by the Secretary to be a representative after 11:59 p. m., e. s. t., February 28, [seal] H arry Slattery, period, were engaged in the production of 1941, and hereby orders that such han­ Administrator. milk for sale in said area. dling of milk produced for sale in the [F. R. Doc. 41-1410; Filed, February 26, 1941; In witness whereof, Grover B. Hill, Act­ 11:50 a. m.] ing Secretary of Agriculture of the 16 F.R. 539. 1182 FEDERAL REGISTER, Thursday, February 27, 1941

New York metropolitan milk marketing The employment of learners under Work Glove; 5 percent; February 27, area as is in the current of interstate these Certificates is limited to the terms 1942. commerce or as directly burdens, ob­ and conditions as to the occupations, Belding Hosiery Mills, Inc., Chicago, structs, or affects interstate commerce learning periods, minimum wage rates, Illinois; Hosiery; Full Fashioned; 5 learn­ shall, from such effective date, be in com­ et cetera, specified in the Determination ers; February 27, 1942. pliance with the terms and conditions of and Order or Regulation for the industry Gilbert Knitting Company, Little Falls, the order, as amended, regulating the designated above and indicated opposite New York; Hosiery; Seamless; 5 learn­ handling of milk in the New York metro­ the employer’s name. These Certificates ers; February 27, 1942. politan milk marketing area, as amended become effective February 27, 1941. The J. H. Mittelman Hat and Bag Com­ by said amendment No. 1. Certificates may be cancelled in the man­ pany, 2807 Merimac Street, St. Louis, It is hereby determined that an emer­ ner provided in the Regulations and as Missouri; Millinery; Popular-Priced; l gency exists which requires a shorter indicated in the Certificates. Any person learner; August 27, 1941. period of notice than that specified in aggrieved by the issuance of any of these N. A. Textile Corporation, Whitman the General Regulations, Series A, No. 1, Certificates may seek a review or recon­ Mill, No. 2, New Bedford, Massachusetts; as amended, of the Agricultural Adjust­ sideration thereof. Textile; Chenille Bedspreads; 5 percent; ment Administration, United States De­ NAME AND ADDRESS OF FIRM, INDUSTRY, November 18, 1941. partment of Agriculture, and that the PRODUCT, NUMBER OF LEARNERS, AND South Boston Weaving Corporation, notice herewith given is reasonable under EXPIRATION DATE South Boston, Virginia; Textile; Rib­ the circumstances. bons; 12 learners; May 29, 1941. It witness whereof, Grover B. Hill, Act­ Atco Garment Company, 127 North Troy Manufacturing Company, Main ing Secretary of Agriculture of the United Egg Harbor Road, Hammonton, New Street, Troy, North Carolina; Textile; States, has executed this order in dupli­ Jersey; Apparel; House Dresses; 25 learn­ Chenille Bedspreads; 30 learners; July cate, and has hereunto set his hand and ers (75% of the applicable hourly mini­ 17, 1941. caused the official seal of the Department mum wage); June 26, 1941. Chicago Rubber Clothing Company, Signed at Washington, D. C., this 26th of Agriculture to be affixed in the city day of February 1941. of Washington, District of Columbia, this 1501 Albert Street, Racine, Wisconsin; 26th day of February 1941. Apparel; Rainwear; Sport Shirts; 10 per­ M erle D. Vincent, cent (75% of the applicable hourly min­ Authorized Representative [seal] G rover B. H ill, imum wage); June 26,1941. of the Administrator. Acting Secretary of Agriculture. J. S. Fuller, Inc., 45 Pine Grove Ave­ [F. R. Doc. 41-1392; Filed, February 26, 1941; [P. R. Doc. 41-1412; Piled, February 26, 1941; nue, Kingston, New York; Apparel; 11:36 a. m.] 11:50 a. m.] Shirts; 10 learners (75% of the appli­ cable hourly minimum wage) February 27, 1942. The Gottfried Company, 2882 Detroit FEDERAL COMMUNICATIONS COM­ DEPARTMENT OF LABOR. Avenue, Cleveland, Ohio; Apparel; La­ MISSION. Wage and Hour Division. dies’ Wash Dresses; 5 percent (75% of [Docket No. 6028] the applicable hourly minimum wage); N otice of I ssuance of Special Certifi­ February 27, 1942. I n the Matter of Section 214 of the cates for the E mployment of Learners Hicks-Hayward Company, 309 South Communications Act of 1934; the Con­ Under the F air Labor S tandards Act Santa Fe Street, El Paso, Texas; Ap­ siderations of P ublic I nterest In­ of 1938 parel; Pants & Overalls; 23 learners (75% volved T herein; the Applications Notice is hereby given that Special Cer­ of the applicable hourly minimum wage); T hereunder for Certificates of Au­ tificates authorizing the employment of July 17, 1941. thority to E xtend Lin es; Certificates learners at hourly wages lower than the Hipsh, Incorporated, Ford Building, G ranted by the Commission on Such minimum wage rate applicable under sec­ Holden, Missouri; Apparel; Men’s Applications; the T erms and Condi­ tion 6 of the Act are issued under section Sportswear; 40 learners (75% of the tions Contained in Such Certificates; 14 thereof, Part 522 of the Regulations applicable hourly minimum wage); June and W hether or not Such T erms and issued thereunder (August 16,1940, 5 F.R. 26, 1941. Conditions H ave Been Complied With 2862) and the Determination and Order Kessler & Burg, Inc., 1228 Cherry INQUIRY AND INVESTIGATION or Regulation listed below and published Street, Philadelphia, Pennsylvania; Ap­ in the F ederal R egister as here stated. parel; Ladies’ Blouses; 25 learners (75% At a session of the Federal Communica­ of the applicable hourly minimum tions Commission held at its offices in Apparel Learner Regulations, Septem­ wage); June 26, 1941. Washington, D. C., on the 18th day of ber 7, 1940 (5 F.R. 3391). February 1941; Artificial Flowers and Feathers Learner Little & Martin, Ltd., 425 East Pico Street, Los Angeles, California; Apparel; The Commission having under consid­ Regulations, October 24, 1940 (5 FR. eration the above-described subject mat­ 4203). Children’s Dresses & Play Clothes; 5 learners (75% of the applicable hourly ter, and; Glove Findings and Determination of It appearing from information in the February 20, 1940, as amended by Ad­ minimum wage); February 27, 1942. Manheim Manufacturing Company, possession of the Commission that in ministrative Order of September 20,1940 connection with the matter of extension (5 F.R. 3748). 35-41 South Spring Street, Elizabeth, New Jersey; Apparel; Dresses; 20 learn­ of lines under section 214 of the Act, The Hosiery Learner Regulations, Septem­ Western Union Telegraph Company and ber 4, 1940 (5 F.R. 3530). ers (75% of the applicable hourly mini­ mum wage); June 26, 1941. Postal Telegraph-Cable Company have Independent Telephone Learner Regu­ or may have resorted in certain instances lations, September 27, 1940 (5 F.R. 3829). The George W. Prior Company, 1735 to wasteful competitive policies and prac­ Knitted Wear Learner Regulations, Oc­ Lawrence Street, Denver, Colorado; Ap­ tices in providing unwarranted duplica­ tober 10, 1940 (5 F.R. 3982). parel; Shirts & Sport Jackets; 15 learners tion of services and facilities to individual Millinery Learner Regulations, Custom (75% of the applicable hourly minimum customers or to the public, resulting in Made and Popular Priced, August 29, wage); June 26, 1941. improvident expenditures, unreasonable 1940 (5 F.R. 3392, 3393). Rob Roy Company, Cambridge, Mary­ rates to the public generally, unlawful Textile Determination and Order, No­ land; Apparel; Boys’ Dress Shirts; 5 per­ discrimination, preference, prejudice, ad­ vember 8,1939 (4 F.R. 4531), as amended, cent (75% of the applicable hourly mini­ vantage or disadvantage and have or may April 27, 1940 (5 F.R. 1586). mum wage); February 27, 1942. have operated such extended lines and Woolen Learner Regulations, October Warlong Glove Manufacturing Com­ rendered service over or by means thereof 30, 1940 (5 FR. 4302). pany, Conover, North Carolina; Glove; to individuals or to the general public FEDERAL REGISTER, Thursday, February 27, 1941 1183 without first having complied with the It is further ordered, That The West­ SECURITIES AND EXCHANGE COM­ tariff filing requirements of the Act and ern Union Telegraph Company and MISSION. the terms and conditions contained in Postal Telegraph-Cable Company be and certificates of public convenience and they are hereby made parties defendant [File No. 56-85] necessity issued by the Commission, in the proceeding herein instituted; I n the Matter of Central U. S. U tilities It is ordered, That a proceeding of It is further ordered, That notice of Company inquiry and investigation be and it is this proceeding be served upon each of the defendants, that a copy be posted ORDER DENYING INTERVENTION BUT PERMIT­ hereby instituted by the Commission on TING LIMITED PARTICIPATION IN HEARING 1 its own motion into and concerning the in the office of the Secretary of the Com­ extension of lines by The Western Union mission and that a copy be published in At a regular session of the Securities Telegraph Company and Postal Tele­ the F ederal R egister; and Exchange Commission held at its graph-Cable Company under section 214 It is further ordered, That this pro­ office in the City of Washington, D. C. of the Communications Act and the eco­ ceeding be designated for hearing at on the 25th day of February, A. D. 1941. nomic and competitive implications in­ 10:00 a. m., on the 4th day of March, The Securities and Exchange Commis­ volved therein, for the purpose of aiding 1941, at the offices of the Commission in sion having on the 11th day of February, the Commission in formulating sound Washington, D. C. 1941, issued its notice of and order for policies with respect thereto and to de­ By the Commission. reopening of the hearing in the above termine, among other things [seal! T. J. Slow ie, matter; Secretary. Leonore H. Johnson having filed an I. Whether or not it is in the public application to intervene in said proceed­ interest to permit such extensions when [F. R. Doc. 41-1385; Filed, February 26, 1941; 11:29 a. m.] ing, representing that she is a resident of the purpose thereof is to serve a par­ the City of Terre Haute, Indiana, and a ticular customer as distinguished from consumer of gas distributed in said city the general public. by the “Terre Haute Division” of Indiana (a) Whether or not the cost of such FEDERAL POWER COMMISSION. Gas Utilities Company; extensions should be borne in whole or [Docket No. IT-5683] It not appearing from the facts alleged in part by the customer; in said application that the applicant has (b) Whether or not service to such I n the M atter of Otter T ail P ower sufficient interest in said proceeding to individual customers has been in strict Company render her admission as a party thereto accordance with tariff schedules duly NOTICE OF APPLICATION in -the public interest or for the protec­ published and filed as required by law; tion of investors or consumers; F ebruary 25, 1941. (c) Whether or not unlawful prefer­ It is ordered, That the said application ence, prejudice, advantage, disadvantage Notice is hereby given that on Feb­ to intervene be and the same hereby is or discrimination has resulted from such ruary 24, 1941, an application was filed denied without prejudice to the right of extensions and the charges to such cus­ with the Federal Power Commission, pur­ said applicant to renew her application tomers served by means of such extended suant to sections 203 and 204 of the Fed­ to interevene and to be made a party facilities; eral Power Act, by the Otter Tail Power to said proceeding at a future date; (d) Whether or not the cost of such Company, a corporation organized under It is further ordered, That said Leo­ extensions and the expense incident to the laws of the State of Minnesota and nore H. Johnson shall be permitted to the operation of such extended facilities doing business in the States of Minnesota, participate at any hearing in this matter have been justified from the economic North Dakota and South Dakota, having to the extent of introducing evidence, point of view or have resulted in losses its principal business office at Fergus cross examining witnesses, filing briefs in revenue, to the detriment of users of Falls, Minnesota, seeking an order au­ and arguments and the making of oral telegraph service generally. thorizing the merger and consolidation argument. of the facilities of Central Light and By the Commission. II. With respect to extensions for the Power Company, a corporation organized purpose of serving the general public at [seal] F rancis P. B rassor, under the laws of the State of Delaware Secretary. new points and having its principal business office at Harvey, North Dakota, with those of [F. R. Doc. 41-1391; Filed, February 26, 1941; (a) Whether or not the competitive 11:35 a. m.] considerations have been permitted to the applicant, and authorizing the bor­ overrule sound economic considerations, rowing from the First National Bank and with resulting waste and improvidence in Trust Company of Minneapolis, Min­ providing duplicate telegraph services, neapolis, Minnesota, of $500,000 on ap­ [File No. 59-6] contrary to the public interest; plicant’s promissory note due on or before I n the M atter of T he U nited G as I m ­ (b) Whether or not said carriers have one year after date, with interest at 2% provement Company and I ts Subsid­ strictly complied with the terms and con­ per annum, and the subsequent renewal iary Companies, R espondents of the unpaid balance at the maturity ditions contained in certificates of pub­ ORDER FOR POSTPONEMENT 2 lic convenience and necessity issued by thereof, for not more than one year; the Commission under Section 214 of the all as more fully appears in the appli­ At a regular session of the Securities Act, with respect to serving the general cation on file with the Commission. and Exchange Commission, held at its public at such new points and with re­ Any person desiring to be heard or office in the City of Washington, D. C., spect to revisions of tariff schedules gov­ to make any protest with reference to on the 25th day of February, A. D. 1941. erning rates to and from such new said application should, on or before the The Commission having on February points; 13th day of March, 1941, file with the 21, 1941 ordered that the hearing in the (c) The particular considerations per­ Federal Power Commission a petition or above-captioned matter be reconvened tinent to and that should be decisive of protest in accordance with the Commis­ on February 27,1941 for certain specified the question as to whether public inter­ sion’s Rules of Practice and Regulations. purposes; and est, convenience or necessity will be [ seal 1 Leon M. F uqua y, served by the authorization of competi­ Secretary. 1 Public Utility Holding Company Act of 1938, Section 12 (d), Rule U-12B-1. tive service at points already adequately [F. R. Doc. 41-1393; Filed, February 26, 1941; 2 Public Utility Holding Company Act of served by another carrier. 11:38 a. m.] 1935, Section 11 (b) (1). 1184 FEDERAL REGISTER, Thursday, February 27, 1941

The United Gas Improvement Com­ vide funds for the payment of expendi­ hereby authorized to exercise all powers pany having informed the Commission tures incurred in connection with granted to the Commission under Sec­ that Counsel for such company will be budgeted construction for the year 1941. tions 40, 41 and 42 of the Investment unable to appear on such date for reasons Interest at the rate of 6% per annum Company Act of 1940 and to trial ex­ beyond his control and having requested, will be charged on open account resulting aminers under the Commission’s Rules of for that reason, that such matter be post­ from this transaction. The applicants Practice. poned have designated section 12 (b) of the Act Notice is hereby given to the applicant It is therefore ordered, That such hear­ and Rule U-12B-1 promulgated there­ and to any other persons whose participa­ ing be, and the same hereby is, postponed under as being applicable to the proposed tion in such proceedings may be in the until March 6, 1941, at ten o’clock in the transaction. public interest or for the protection of forenoon of that day, in room 1102 of the By the Commission. investors. Securities and Exchange Commission [seal] F rancis P. B rassor, By the Commission. Building, 1778 Pennsylvania Avenue NW., Secretary. [seal] F rancis P. Brassor, Washington, D. C., at which time the [F. R. Doc. 41-1390; Filed, February 26, 1941; Secretary. Commission will hear the matters set for 11:35 a. m.] hearing under Commission order dated [F. R. Doc. 41-1388; Filed, February 26, 1941; February 21, 1941. All interested parties 11:34 a. m.] or persons will govern themselves ac­ cordingly. [File No. 812-7] By the Commission. [File No. 812-14] I n the M atter of B ritish T ype I nvestors, I n the M atter of Allied I nternational [seal] F rancis P. B rassor, I nc. Secretary. I nvesting Corporation ORDER EXTENDING TEMPORARY EXEMPTION order extending temporary exemption [F. R. Doc. 41-1389; Piled, February 26, 1941; AND NOTICE OF AND ORDER FOR HEARING 11:34 a. m.] AND NOTICE OF AND ORDER FOR HEARING At a regular session of the Securities At a regular session of the Securities and Exchange Commission, held at its and Exchange Commission, held at its office in the City of Washington, D. C., on [Pile No. 70-261] office in the City of Washington, D. C., the 25th day of February, A. D. 1941. on the 25th day of February, A. D. 1941. I n the M atter of New E ngland G as and An application under section 3 (b) (2) An application under section 3 (b) (2) E lectric Association, K ittery E lec­ of the Investment Company Act of 1940 of the Investment Company Act of 1940 tric Light Company having been duly filed with the Com­ having been duly filed with the Commis­ mission on October 30,1940, by the above notice regarding filing sion on October 30, 1940, by the above named applicant for an order or orders named applicant for an order or orders At a regular session of the Securities adjudging it to be excepted from the and Exchange Commission, held at its adjudging it to be excepted from the provisions of the Investment Company provisions of the Investment Company office in the City of Washington, D. C., Act of 1940 by virtue of section 3 (b) (2) on the 26th day of February, A. D. 1941. Act of 1940 by virtue of section 3 (b) (2) of said Act; and of said Act; and Notice is hereby given that a declara­ It appearing that the previously tion or application (or both), has been granted extension of the temporary ex­ It appearing that the previously filed with this Commission pursuant to emption of the applicant from the pro­ granted extension of the temporary ex­ the Public Utility Holding Company Act visions of said Act provided by section emption of the applicant from the pro­ of 1935 by the above named parties; and 3 (b) (2) thereof is about to expire; and visions of said Act provided by section 3 A hearing with reference to such ap­ (b) (2) thereof is about to expire; and Notice is further given that any inter­ A hearing with reference to such ap­ ested person may, not later than March plication being herein ordered; and plication being herein ordered; and 14, 1941, at 4:30 P. M., E. S. T., request Sufficient cause being shown to warrant Sufficient cause being shown to war­ the Commission in writing that a hearing an extension of such temporary exemp­ rant an extension of such temporary be held on such matter, stating the rea­ tion; exemption; sons for such request and the nature of It is ordered, That the temporary ex­ his interest, or may request that he be emption of the applicant from the pro­ It is ordered, That the temporary ex­ notified if the Commission should order visions of said Act be, and the same emption of the applicant from the pro­ a hearing thereon. At any time there­ hereby is, further extended until May 1, visions of said Act be, and the same after such declaration or application, as 1941, but, if during the period of such hereby is, further extended until May 1, filed or as amended, may become effec­ extension the Commission by order de­ 1941, but, if during the period of such tive or may be granted, as provided in nies the said application, then such ex­ extension the Commission by order de­ Rule U-8 of the Rules and Regulations tension shall cease and terminate ten nies the said application, then such ex­ promulgated pursuant to said Act. Any days after personal service or service by tension shall cease and terminate ten such request should be addressed: Secre­ registered mail of a copy of said order days after personal service or service by tary, Securities and Exchange Commis­ on the applicant; registered mail of a copy of said order sion, Washington, D. C. It is farther ordered, That a hearing on the applicant; All interested persons are referred to on the aforesaid application be held on It is further ordered, That a hearing said declaration or application, which is March 17, 1941, at 10:30 o’clock in the on the aforesaid application be held on on file in the office of said Commission, forenoon of that day at the Securities March 17, 1941, at 10:00 o’clock in the for a statement of the transactions and Exchange Commission Building, 1778 forenoon of that day at the Securities therein proposed, which are summarized Pennsylvania Avenue, N. W., Washington, and Exchange Commission Building, below: D. C. On such day the hearing room clerk 1778 Pennsylvania Avenue NW., Wash­ New England Gas and Electric Asso­ in Room 1102 will advise interested par­ ington, D. C. On such day the hearing ciation, a registered holding company, ties where such hearing will be held; room clerk in Room 1102 will advise in­ proposes to advance from time to time, It is further ordered, That Willis E. terested parties where such hearing will on open account, to Kittery Electric Monty, Esquire, or any other officer or be held. Light Company, its wholly owned sub­ officers of the Commission designated by It is further ordered, That Willis E. sidiary, a sum not to exceed in the ag­ it for that purpose shall preside at the Monty, Esquire, or any other officer or gregate $30,000, at such times and in hearing on such matter. The officer so officers of the Commission designated by such amounts as will be necessary to pro­ designated to preside at such hearing is it for that purpose shall preside at the FEDERAL REGISTER, Thursday, February 27, 1941 1185 hearing on such matter. The officer so [File No. 31-502] [File Nos. 31-416, 31-479, 31-490 and 31-502] designated to preside at such hearing is I n the Matter of P aul Sm ith’s H otel P aul S m ith’s E lectric Light & P ower & hereby authorized to exercise all powers Company R ailroad Company, et al. granted to the Commission under Sec­ NOTICE OF AND ORDER FOR HEARING NOTICE OF AND ORDER FOR REOPENING OF tions 40, 41 and 42 of the Investment PREVIOUS HEARING IN ORDER TO EMBRACE Company Act of 1940 and to trial ex­ At a regular session of the Securities HEARING ON AN ADDITIONAL APPLICATION aminers under the Commission’s Rules of and Exchange Commission held at its Practice. office in the City of Washington, D. C., on At a regular session of the Securities Notice is hereby given to the applicant the 26th day of February, A. D. 1941. and Exchange Commission held at its and to any other persons whose partici­ Paul Smith’s Hotel Company having office in the City of Washington, D. C., pation in such proceedings may be in the filed an application pursuant to section on the 26th day of February, A. D. 1941. public interest or for the protection of 2 (a) (8) of the Public Utility Holding Hearings having been previously held investors. Company Act of 1935, seeking an order on applications of Gas and Electric Asso­ By the Commission. declaring it not to be a subsidiary of ciates and Associated Utilities Corpora­ Daly & Co., Associated Gas and Electric tion filed pursuant to section 2 (a) (7) [seal] F ranck P. B rassor, of the Public Utility Holding Company Secretary. Company, Associated Gas and Electric Corporation, Associated Utilities Corpo­ Act of 1935, seeking an order of the Com­ [F. R. Doc. 41-1387; Filed, February 26, 1941; ration, Gas and Electric Associates, Asso­ mission declaring applicants not to be 11:34 a. m.] ciated Real Properties, Inc., Shinn and holding companies (Associated Utilities Company, The Railway and Bus Asso­ Corporation having subsequently been ciates, Denis J. Driscoll and Willard L. granted the right to withdraw its appli­ Thorp, trustees for the estate of Asso­ cation and having now registered as a [File No. 812-125-A3] ciated Gas and Electric Corporation, Mr. holding company); Walter H. Pollock, trustee for the estate Such hearings having been consoli­ In the M atter of the Lehman dated with a hearing on the application Corporation of Associated Gas and Electric Company, and/or any other company; of Paul Smith’s Electric Light & Power NOTICE OF AND ORDER FOR HEARING The application reveals that Associ­ & Railroad Company, filed pursuant to ated Gas and Electric Company interests section 2 (a) (8) of the Act, seeking an At a regular session of the Securities own beneficially 49.6 percent of the order declaring applicant not to be a and Exchange Commission, held at its common stock of applicant; subsidiary; office in the City of Washington, D. C., on The application represents that the Paul Smith’s Hotel Company having the 25th day of February, A. D. 1941. affairs and business of the applicant are now filed an application pursuant' to sec­ The Lehman Corporation, a registered controlled by its officers and directors, all tion 2 (a) (8) of the Act, a hearing closed-end management investment com­ of whom, with one exception, are repre­ thereon having been scheduled for March pany having duly filed an application sented as having no connection with the 10, 1941; pursuant to the provisions of section 23 Associated Gas and Electric Company It appearing to the Commission that (c) (3) of the Investment Company Act system; it is appropriate and in the public inter­ of 1940 for an order permitting it to pur­ It is ordered, That a hearing on such est and in the interests of investors and chase during the next ninety days a matters under the applicable provisions consumers that said previous hearings maximum of 15,000 shares of its own of said Act and the rules of the Com­ be reopened for the purpose of consoli­ capital stock from persons not affiliated mission thereunder be held on March dating the application of Paul Smith’s with its management or affiliated persons 10, 1941 at 10 o’clock on the forenoon of Hotel Company thereto; of such persons at prices not in excess of that day at the offices of the Securities It is ordered, That said previous hear­ Yi point above the last sale on the New and Exchange Commission, 1778 Penn­ ing be reopened under the applicable York Stock Exchange preceding any such sylvania Avenue NW., Washington, D. C. provisions of the Act and the rules of the purchase, without payment of any com­ On such day the hearing room clerk in Commission thereunder, on March 10, missions by The Lehman Corporation in 1941 at 10 A. M. at the offices of the Room 1102 will advise as to the room Securities and Exchange Commission, connection with such purchase; where such hearing will be held; It is ordered, That a hearing on such 1778 Pennsylvania Avenue, NW., Wash­ It is further ordered, That James G. ington, D. C., for the purpose of consol­ matter under the applicable provisions Ewell or any other officer or officers of of the Act and the rules of the Commis­ idating therein the hearing on the ap­ the Commission designated by it for plication of Paul Smith’s Hotel Company. sion thereunder be held on March 6, that purpose shall preside at the hearings 1941 at 9:45 o’clock in the forenoon of It is further ordered, That James G. in such matter. The officer so desig­ Ewell or any other officer or officers of that day in the Securities and Exchange nated to preside at such hearing is hereby Building, 1778 Pennsylvania Avenue NW., the Commission designated by it for that authorized to exercise all powers granted purpose shall preside at the hearings on Washington, D. C. On such day the to the Commission under section 18 (c) hearing room clerk in Room 1102 will such matter. The officer so designated to of said Act, and to a trial examiner under preside at such hearing is hereby author­ advise the interested parties where such the Commission’s rules of practice to hearing will be held. ized to exercise all powers granted to the continue or postpone said hearing from Commission under section 18 (c) of the It is further ordered, That Willis E. time to time; said Act and to a trial examiner under Monty, Esq. or any other officer or officers Notice of such hearing is hereby given of the Commission designated by it for the Commission’s rules of practice; to such applicant and to any other per­ Notice of such hearing is hereby given that purpose shall preside at such hear­ son whose participation in such proceed­ ing on such application. to such applicants and to any other per­ ing may be in the public interest or for son whose participation in such proceed­ Notice of such hearing is hereby given the protection Of investors or consumers. ing may be in the public interest or for to the above named applicant and to any It is requested that any person desiring the protection of investors or consumers. other person or persons whose participa­ to be heard or to be admitted as a party It is requested that any person desiring tion in such proceeding may be in the to such proceeding shall file notice to to be heard or to be admitted as a party public interest or for the protection of that effect with the Commission on or to such proceeding shall file a notice to investors. before March 5, 1941. that effect on or before March 5, 1941. By the Commission. By the Commission. By the Commission. [seal] F rancis P. Brassor, [seal] F rancis P. Brassor, [seal] F rancis P. B rassor, Secretary. Secretary. Secretary. [P. R. Doc. 41-1386; Filed February 26, 1941; [F. R. Doc. 41-1415; Filed, February 26, 1941; [F. R. Doc. 41-1416; Filed, February 26 1941; 11:34 a. m.J 11:51 a. m.] 11:51 a. m.]