.XONÄM* FEDERAL REGISTER VOLUME 8 ' 9 3 4 ^ NUMBER 23

Washington, Wednesday, February 3, 1943

The President brought into the territorial waters of the CONTENTS United Kingdom and Sierra Leone and THE PRESIDENT to the taking or appropriation of such v PROCLAMATION 2575 prizes within the territorial waters of the Proclamation: Page United Kingdom and Sierra Leone for Capture of prizes______1429 Capture of Prizes the use of the United States: Executive Order; NOW, THEREFORE, I, FRANKLIN D. Reports of contracts and pur­ BY THE PRESIDENT OF THE UNITED STATES ROOSEVELT, President of the United chases made under author­ OF AMERICA States of America, acting under and by ity of Title II of First War A PROCLAMATION virtue of the authority vested in me by Powers Act, 1941; amend­ the said act of August 18, 1942, do pro­ ment______1429 WHEREAS the act of August 18, 1942, claim that the Government of the United REGULATIONS AND NOTICES Public Law 704, 77th Congress, contains Kingdom shall be accorded like privileges in part the following provisions: with respect to prizes captured under Bituminous Coal Division: "Be it enacted by the Senate and House of authority of the said Government and District Board 1, order grant­ Representatives of the United States of Amer­ brought into the territorial waters of the ing relief______1473 ica in Congress assembled, That the district United States or taken or appropriated F ederal Home Loan Bank Admin­ courts shall have original jurisdiction of all in the territorial waters of the United istration; i prizes captured during the present war on the States for the use of the said Govern­ Officers of the banks; agency high seas if said capture was made by author­ duties______1431 ity of the United States or was adopted and ment. IN WITNESS WHEREOF, I have here­ F ederal Trade Commission: ratified by the President of the United States Folger, J. A., and Co., hearing_1473 and the prize was brought into the territorial unto set my hand and caused the seal waters of a cobelligerent or was taken or ap­ of the United States of America to be F ood D istribution Administra­ propriated for the use of the United States on affixed. tion: the high seas or in such territorial waters, Bachman & Peterson Livestock including Jurisdiction of all proceedings for Done at the City of Washington this Commission Co., notice un­ the condemnation of such property taken as 30th day of January in the year der Packers and Stockyards prize. [seal] of our Lord nineteen hundred A ct------1431 * • * • • and forty-three and of the In­ Marketing areas; handling of "Sec. 3. The jurisdiction of prizes brought dependence of the United States of milk: into the territorial waters of a cobelligerent America the one hundred and sixty- Fall River, Mass______1431 shall not be exercised under authority of this Philadelphia, Pa.______1431 Act, nor shall prizes be taken or appropriated seventh. within such territorial waters for the use of F ranklin D R oosevelt Sugar determinations; 1943 the United States, unless the government By the President: sugarcane crop farming having jurisdiction over such territorial practices______1430 waters consents to the exercise of such Juris­ Cordell Hull, Internal R evenue Bureau: diction or to such taking or appropriation. Secretary of State. Miscellaneous e x c i s e taxes; * * * * * [F. R. Doc. 43-1749; Filed, February 2, 1943; transportation of property- 1433 "Sec. 7. A cobelligerent of the United States 11:28 a. m.J Interstate Commerce Commission: which consents to the exercise of the juris­ Annual reports; form prescribed diction herein conferred with respect to prizes . for freight forwarders (2 of the United States brought into its territo­ documents)______1472,1473 rial waters and to the taking or appropriation of such prizes within its territorial waters for '*v4 V Periodical and special reports; the use of the United States shall be accorded, ^EXECUTIVE ORDER 9296 form prescribed for quar- upon proclamation by the President of the V terly reports______1473 United States, like privileges with respect to Ending P aragraph 1 of T itle n of Labor D epartment: prizes captured under authority of such co­ 'Executive Order No. 9001 of Decem­ Shipbuilding and ship repair in­ belligerent and brought into the territorial ber 27, 1941 Concerning R eports of dustry; stay of application waters of the United States or taken or appn Contracts and P urchases Made Under of overtime wage compen­ priated in the territorial waters of the Unljid Authority of Title n of the F irst sation order______1440 States for the use of such cobelligerent, War Powers Act, 1941 ciprocal recognition and full faith and Credit National War Labor Board: shall be given to the Jurisdiction acquired by By virtue of the authority vested in Tennessee Valley Authority, courts of a cobelligerent hereunder and to fall me by Title n of the First War Powers wage and salary adjust­ proceedings had or judgments rendered in ex­ Act, 1941, approved December 18, 1941, ments______1440 ercise of such jurisdiction.” (Public Law 354, 77th Congress.) and as Office of Price Administration: WHEREAS the Government of the President of the United States and Com­ Adjustments, etc.: United Kingdom, a cobelligerent, has mander in Chief of the Army and Navy Aluminum Cooking Utensil consented to the exercise of the jurisdic­ of the United States and deeming that Co______1476 tion conferred, by the said act with re­ such action will facilitate the prose- (Continued on next page) spect io prizes of the United States (Continued on next page) 1429 1430 FEDERAL REGISTER, Wednesday, February 3, 1943

CONTENTS—Continued the said Executive Order No. 9001 have heretofore been or may hereafter be Office of Price Administration— extended. Continued. Page Franklin D R oosevelt FEDEM^fÿjtEGISTER Hardwood logs, prime grade ^iz/wno^ (MPR 313)______1453 The White House, Indian and Eskimo handicraft January 30, 1943. objects (Supp. Reg. 1, Am. [F. R. Doc. 43-1731; Filed, February 2, 1943; / Published daily, except Sundays, Mondays, 51)______1454 10:39 a. m.l */ / and days following legal holidays by the / / Division of the Federal Register, The National Milled rice (MPR 150, Am. 2) __ 1457 Archives, pursuant to the authority con­ Mixed fertilizer, superphosphate tained in the Federal Register Act, approved and potash (Rev. MPR 135, Regulations July 26, 1935 (49 Stat. 500), under regula­ Am. 1)__ 1459 tions prescribed by the Administrative Com­ Petroleum and petroleum prod­ mittee, approved by the President. ucts (RPS 88, Am. 57) _____ 1457 TITLE 7—AGRICULTURE The Administrative Committee consists of Ration banking; depositors the Archivist or Acting Archivist, an officer (Gen. Ration Order 3A) — 1449 Chapter VIII—Food Distribution of the Department of Justice designated by Administration1 the Attorney General, and the Public Printer Rubber heels, etc. (MPR 200) — 1461 or Acting Public Printer. P etroleum Administration f o r P art 802—Sugar D eterminations The daily issue of the F ederal R egister War: will be furnished by mail to subscribers, free Petroleum production opera­ 1943 SUGARCANE CROP FARMING PRACTICES of postage, for $1.25 per month or $12.50 per tions (PAO 2)______1470 Determination o.f farming practices to year, payable in advance. The charge for Petroleum supply (PAO 1)____ 1470 be carried out in connection with the single copies (minimum, 101) varies in pro­ Securities and Exchange Com­ production of the 1943 crop of sugarcane portion to the size of the issue. Remit money order for subscription or single copies mission: in the mainland cane sugar area, pur­ payable to the Superintendent of Documents Hearings, etc.: suant to section 301 (e) of the Sugar Act directly to the Government Printing Office, National Power & Light Co— 1477 of 1937, as amended. Washington, D. C. Tobacco Products Export Pursuant to the provisions of ¿section There are ho restrictions on the republica­ Corp______1477 301 (e) of the Sugar Act of 1937, as tion of material appearing in the F ederal War Manpower Commission: amended, the following determination is R egister. Non-federal educational institu­ hereby issued: Telephone information: District 0525. tions; training programs § 802.23e Farming practices in con­ for armed forces______1440 nection with the production of the 1943 CONTENTS—Continued W ar P roduction Board: crop of sugarcane in the mainland cane Office of Price Administration— Agave fiber, etc. (M-84)------1443 sugar area—(a) Soil-building require­ Continued. Ascorbic acid (M-269)—,------1446 ments. The conditions prescribed in Adjustments, etc.—Continued. Page Lead (M-38-c) ______— 1441 subsection (e) of section 301 of the Sugar Blue Diamond Coal Co_____ 1474 Sole leather (M-80-g)----- 1443 Act of 1937, as amended, shall be deemed Cap Sales Corp______+_1468 Stop construction order------— 1477 to have been fulfilled with respect to the Continental Spring Corp___ 1474 Suspension order: production of the 1943 crop of sugarcane Cush-O-Liners manufactur­ Baldwin Rubber Co------1441 for sugar on any farm in the mainland ers.______1468 Textile fibers, leather and tex­ cane sugar area if there is carried out in Freedman Motor Service, Inc_ 1470 tile and leather products 1943, on land on the farm which is Goebel, Chester______1474 P-139) ______1448 adapted to the production of surgarcane Guerin Special Motor Freight Woodworking machinery and for sugar, an acreage of soil-building Line, Inc______1469 light m a c h in e tools practices equal to not less than 15 per “Gulf Gas Station,” Buffalo, (L-237)______1447 centum of the acreage of sugarcane for N. Y______1474 sugar growing on the farm for harvest Hercules Cement Corp______1475 in 1943. Metals Reserve Co. (2 docu­ cution of the war, it is hereby ordered as (b) Approved practices. (1) Each acre ments)______1449,1460 follows: of the following shall be counted as one Newman-Reich Baking Co., 1. Paragraph 1 of Title n of Execu­ acre of soil-building practices: Inc______1461 tive Order No. 9001 of December 27,1941,1 (1) Seeding winter legumes. Old Colony Foundry Co_____ 1476 requiring the War Department, the Navy (ii) Plowing or disking under a good Pacific Tent and Awning Co. 1461 Department, and the United States Mari­ stand, and good growth of a green Printz Degreasing Co______1461 time Commission to report to the Presi­ manure crop, or cover crop (excluding Reeves Steel and Mfg. Co___ 1469 dent with respect to all contracts and lespedeza, peanuts hogged off, and non- Simmons Co______1475 purchases made pursuant to the said act leguminous cover crops). ♦ Stanley Works______._____ 1476 and Executive Order, is hereby amended (iii) Turning under a good stand and United States Lime Products to read as follows: good growth of summer legumes (ex­ Corp. (2 documents)___ 1475 “1. Complete data shall be maintained cluding peanuts, lespedeza, and summer Universal Castings Corp____ 1475 by the War Department, the Navy De­ legumes used as truck crops) nut inter- Automobiles, new passenger partment, and the United States Mari­ planted or grown in combination with (RPS 85, Am. 8)______1450 time Commission as to all contracts and row crops such as corn. Brass and bronze alloy ingot purchases which they respectively make (2) Each two acres of the following (MPR 202, Am. 2)______t 1449 pursuant to the Act and this Executive shall be counted as one acre of soil­ Commodities, • services and Order. The Secretary of War, the Sec­ building practices: transactions; modification retary of the Navy, and the Chairman of (i) Turning under a good stand and of maximum prices (Supp. the United States Maritime Commission good growth of summer legumes (ex­ (Reg. 14, Am. 101) 1455 shall make available for public inspec­ cluding peanuts, lespedeza, and summer Corn (MPR 25, Am. 1)______1459 tion, as they may respectively deem com­ legumes used as truck crops) inter- Dairy products (MPR 289, Am. patible with the public interest, so much planted or grown in combination with 2)______1458 of such data as does not cover restricted, row crops, such as corn: Provided, The Dog and cat food (Supp. Reg. confidential, or secret contracts or pur­ summer legume occupies at least one- 14, Am. 102)______1460 chases.” third of the land. Fluid milk and cream; Chicago, 2. This order shall be effective as of (3) Each of the following practices 111., area (Supp. Reg. 14, December 27, 1941, and shall apply to all in the amounts specified shall be counted Am. 104).______1467 those departments and other agencies of as one acre of soil-building practices if Food products, specific (MPR the Government, and the respective applied to a full seeding of winter leg­ 280, Am. 9)___ -______— 1468 heads thereof, to which the provisions of umes: Fuel oil rationing (Order 11, Supp. 1, Am. 4)______1466 16 F.R. 6787. ^Formerly Sugar Branch. FEDERAL REGISTER, Wednesday, February 3, 1943 1431

(i) Application of 300 pounds of 16- Pursuant to the applicable provisions and the seal of the Department of Agri­ percent superphosphate (or its equiva­ of Public Act No. 10, 73d Congress, as culture. lent) to, or in connection with the seed­ amended and as reenacted and amend­ [seal] T homas J. F lavin, ing of winter legumes. ed by the Agricultural Marketing Agree­ Assistant to the (ii) Application of 500 pounds of basic ment Act of 1937 (7 U.S.C. 1940 ed. 601 Secretary of Agriculture.* slag or rock phosphate (including Col­ e t seg.), hereinafter referred to as the loidal Phosphate) to, or in connection “act”, and the provisions of the order, [F. R. Doc. 43-1703; Filed, February 1, 1943; with the seeding of, winter legumes. as amended, regulating the handling of 1:13 p. m.] (4) Each one and one-half acres of milk in the Fall River, Massachusetts, land the top soil of which is combustible marketing area, it is hereby found that (determined as such by the State Agri­ the provisions of the said order relating TITLE 9—ANIMALS AND ANIMAL cultural Conservation Committee) and to base ratings for producers-of milk, as PRODUCTS from which no crop classified as soil- used in the said order, obstruct and no depleting in ACP-1941, 1941 Agricul­ longer tend to effectuate the declared Chapter II—Food Distribution tural Conservation Program Bulletin, as policy of the act with respect to the pro­ Administration amended, is harvested in 1943 and on ducers of milk under such marketing which adequate facilities (ditches, order. ' P art 204—P osted S tockyards and Live pumps and necessary equipment) have It is, therefore, ordered, That, effective P oultry Markets been maintained (whether constructed as of 11:59 p. m., e. w. t., January 31,1943, BACHMAN & PETERSON LIVESTOCK COMMIS­ in 1943 or earlier) for flooding the land the following provisions of the order, as SION COMPANY, CHAPPELL, NEBRASKA 3 amended, regulating the handling of during the 1943 fire hazard season as a F ebruary 1, 1943. protection against the destruction of milk in the Fall River, Massachusetts, such top soil by fire and on which there marketing area are hereby suspended: Whereas, the Chappell Sales Pavilion are carried out the practices specified in 1. “except April, May, and June” in was posted on September 11, 1939, as a paragraphs B, C, D and E of Amendment § 947.7 (b) (1); stockyard subject to the provisions of the 3 to Southern Region Bulletin 101, is­ 2. § 947.7 (b) (2) ; Packers and Stockyards Act, 1921; and sued June 11, 1937, for protecting the 3. § 947.8; Whereas, it appears that said stock- soil against fire, assuring adequate 4. “for all delivery periods except April, yard is now known as Bachman & Peter­ drainage, and preventing soil oxidation May, and June of each year” in § 947.9 son Livestock Commission Company, and and subsidence, shall be counted as one (a) (1) ; and is being operated by H. C. Peterson and acre of soil-building practices: Provided, 5. § 947.9. (a) (2). W. J. Bachman, doing business as Bach­ however, That there shall be carried out Done at Washington, ,D. C., this 30th man & Peterson Livestock Commission on such land on the farm such other day of January 1943. Witness my hand Company: practices as are recommended for the and the seal of the Department of Agri­ Now, therefore, it is ordered, That the farm by the County Agricultural Con­ culture. notice of the posting of said stockyard be, and it hereby is,' amended to show servation Committee, and approved by [seal] T homas J. F lavin, the State Agricultural Conservation that the correct name of the stockyard is Assistant to the Bachm&n & Peterson Livestock Commis­ Committee, for protecting the soil Secretary of Agriculture.* against fire, assuring adequate drainage, sion Company, Chappell, Nebraska. preventing soil oxidation and subsidence, [F. R. Doc. 43-1748; Filed, February 2, 1943; Thomas J. Flavin, and otherwise preserving and improving 11:17 a. m.] Assistant to the the fertility of the soil and preventing Secretary of Agriculture .* soil erosion, such practices to be consis­ [F. R. Doc. 43-1747; Filed, February 2, 1943; tent with reasonable standards of the 11:17 a. m.] farming community in which the land Part 961—Milk in the Philadelphia, is located. Pennsylvania, Marketing Area (c) Standards of performance. The soil conserving practices shall be carried ORDER SUSPENDING PROVISION TITLE 24—HOUSING CREDIT out on the farm in accordance with Chapter I—Federal Home Loan Bank farming methods commonly used in the Order suspending provision of § 961.1 (a) (5) of the order regulating the han­ Administration community in which the farm is located dling of milk in the Philadelphia, Penn­ and in accordance with specifications sylvania, marketing area. (Bulletin 15] approved by the Director of the Southern Division of the Agricultural Adjustment Pursuant to the provisions of Public Agency Duties of the Officers of the Agency. Act No. 10, 73d ^Congress, as amended Banks and as reenacted and amended by the F ebruary 1, 1943. (Sec. 301, 50 Stat. 910; 7 U.S.C., 1940 Agricultural Marketing Agreement Act ed. 1131) of 1937 (7 U.S.C. 1940 ed. 601 et seq.), Effective February 1, 1943, the Rules hereinafter referred to as the “act”, and and Regulations for the Federal Home Done at Washington, D. C., this 1st Loan Bank System are amended as fol­ day of February, 1943. Witness my hand the provisions of the order regulating lows: and seal of the Department of Agri­ the handling of milk in the Philadelphia, culture. • Pennsylvania, marketing area, effective PART 2—ORGANIZATION OF THE BANKS April 1, 1942 (7 F.R. 2377), it is hereby [seal] Grover B. Hill, determined that the time limitation with i. Paragraph (b) of § 2.5 is amended Assistant Secretary. to read as follows: respect to the inclusion of certain farm­ (b) Duties of officers—(1) In general. [F. R. Doc. 43-1746; Filed, February 2, 1943; ers (who do not regularly deliver milk The President shall be the chief admin­ 11:17 a. m.] for use in the Philadelphia, Penn­ istrative officer of the Bank. The Presi­ sylvania, marketing area) as producers, dent and other officers shall have such obstructs, and does not tend to effectuate powers and duties as are prescribed in the declared policy of the act. the Bank’s bylaws and in these Rules Chapter IX—Food Distribution Admin­ It is, therefore, ordered, That the istration and Regulations. words “of October, November, December, (2) President. The President shall Part 947—Milk in the Fall River, and January”, which appear in § 961.1 endeavor to ascertain whether each Massachusetts, Marketing Area1 (a) (5) of the said order, shall be, and member of the Bank is complying with hereby are, suspended, effective as of the provisions of section 5 of the Act, ORDER SUSPENDING CERTAIN PROVISIONS, ETC. 12:01 a. m., e. w. t., February 1, 1943. whether it is making long term loans Order suspending certain provisions of Done at Washington, D. C., this 30th as defined in § 1.9 of these Rules and the order, as amended, regulating the day of January 1943. Witness my hand Regulations and whether the character handling of milk in the Fall River, Mas­ of its management and its home financ- sachusetts, marketing area. * Acting pursuant to authority delegated by the Secretary of Agriculture under the Act of * Modifies list posted stockyards 9 CFR *6 F.R. 6168; 7 FR. 3068. April 4, 1940 (54 Stat. 81; 7 Fit. 2656). 204.1.

4* / 1432 FEDERAL REGISTER, Wednesday, February 3, 1943 ing policy is consistent with sound and eral Home Loan Bank Administration supervisory letter on stationery provided economical home financing and with the and the Federal Savings and Loan In­ by the Federal Home Loan Bank Admin­ purposes of the Act. If the President surance Corporation: istration and the Federal Savings and finds that a member institution is not Said agent shall represent the Fed­ Loan Insurance Corporation for such conducting its affairs in accordance with eral Home Loan Bank Administration purposes. Said agent shall forward the foregoing, he shall request the mem­ and the Federal Savings and Loan In­ promptly to the Governor copies of all ber so to do. In the event the member surance Corporation in supervising Fed­ transmittal and other supervisory letters does not comply with such request, the eral savings and loan associations and and reports of supervisory conferences or President shall report the matter, or institutions in the Bank’s district which meetings with officers or directors of cause it to be reported, to the board of are insured by the Federal Savings and Federal savings and loan associations directors at its next meeting, insofar as Loan Insurance Corporation. When, in and insured institutions. The Governor practicable. After the case has been his opinion, such action should be taken, will consider the documents so for­ considered by the board of directors, he shall advise and endeavor to assist warded and will advise the said agent the President shall report such case to Federal savings and loan associations concerning such matters as may appear the Governor and inform him of any ac­ and insured institutions in his Bank dis­ to be appropriate. Any instructions or tion taken thereon by the board of di­ trict to conduct their operations in con­ recommendations from the Governor to rectors. formity with the statutes and the rules the said agent with respect to his duties (3) Officers as agents. For the fol­ and regulations governing them. He as agent of the.Federal Home Loan Bank lowing purposes, the officers of a Bank, shall confer and negotiate, pursuant to Administration and the Federal Savings and any employee thereof designated by instructions from the Federal Home Loan and Loan Insurance Corporation, shall the Governor, shall be the agents of the Bank Administration and the Federal be acted upon promptly. Federal Home Loan Bank Administra­ Savings and Loan .Insurance Corpora­ PART 3—MEMBERS OF BANKS tion, the Federal Savings and Loan tion, with applicants, their officers, direc­ Insurance Corporation and the Home tors, members or creditors, individually 2. Paragraph (c) of § 3.2 is amended Owners’ Loan Corporation and the coun­ or in group" meetings, and otherwise as to read as follows : sel of the Bank shall render to said the Federal Home Loan Bank Adminis­ (c) Examination and review of ap­ agents such legal services as may be tration and the Federal Savings and plication. The officers of the Bank shall necessary to enable them to properly Loan Insurance Corporation may request promptly consider the application for in writing. He shall see that all Fed­ membership, together with such supple­ carry out such duties: mental information as may be available It shall be the specific duty of said eral savings and loan associations and insured institutions in his Bank district to them with respect to the eligibility of agents to give consideration to applica­ the applicant, and shall report their rec­ tions for charters for Federal savings submit to him for his consideration such and loan associations, conversions, in­ matters as budgets, applications for Fed­ ommendations thereon to the board of eral Home Loan Bank Administration directors or to the executive committee surance of accounts by the Federal Sav­ of /the Bank, which shall consider the ings and Loan Insurance Corporation, approval of amendments to charters or bylaws, petitions for Federal Home Loan officers’ report and shall then transmit and investments by the Home Owners’ the application to the Federal Home Loan Corporation in savings and loan Bank Administration permission-to es­ tablish branch offices, applications for Loan Bank Administration with its rec­ associations and to promptly make com­ ommendations thereon as provided in ments and recommendations upon such Federal Home Loan Bank Administra­ tion approval of the purchase of assets the bylaws. If definite action on the ap­ applications. Said agents shall transmit plication has not been taken by the to the Federal Home Loan Bank Admin­ or of consolidations, dissolutions, or mergers, and such other similar matters Board of Directors or the Executive istration’s district examiner, together Committee at the meeting next succeed­ With their comments and recommenda­ as are required to be approved by the Federal Home Loan Bank Administra­ ing the date of receipt by the Bank of the tions thereon, applications for conver­ application, the President shall cause the sion, insurance and for investments by tion or by the Federal Savings and Loan Insurance Corporation under the stat­ Governor to be notified of the receipt of the Home Owners’ Loan Corporation in the application and the reason for the savings and loan associations, and shall utes and rules and regulations. When these matters come to the attention of delay in transmitting it to the Federal transmit direct to the Governor, to Home Loan Bank Administration. gether with their comments and recom­ said agent he shall, after giving them mendations thereon, applications for due consideration, submit them, with his PART 4—OPERATION OF THE BANKS recommendations thereon, to the Gov­ charters for Federal savings and loan 3. Paragraph (g) of § 4.1 is repealed associations. Such comments-and rec­ ernor for such action as he may deem appropriate. After the issuance by the and paragraph (h) is relettered as para­ ommendations shall be signed by the graph (g). agents favoring same, and any agent dis­ Federal Home Loan Bank Administra­ agreeing therewith shall make a sep­ tion of a charter for a Federal savings PART 6—FEDERAL HOME LOAN BANK BOARD arate report which shall be forwarded at and loan association, said agent shall follow up the corporate actions taken by 4. Paragraph (a) of § 6.2 is amended the same time. An agent shall forward, to read as follows: when requested by the Governor, advice the association in the completion of- its of action taken by the Federal Home organization, and shall require the as­ (a) Governor, Federal Home Loan Loan Bank Administration, the Federal sociation to comply with the laws, the Bank System. The Governor of the Savings and Loan Insurance Corpora­ rules and regulations made thereunder, Federal Home Loan Bank System shall tion, and the Home Owners’ Loan Cor­ and such other requirements as may be be the chief administrative officer under poration upon applications, and instruc­ applicable thereto. Said agent shall rep­ the Federal Home Loan Bank Commis­ tions and other communications from resent the Federal Home Loan Bank Ad­ sioner and shall be directly responsible the Federal Home Loan Bank Adminis­ ministration and the Federal Savings to the Federal Home Loan Bank Ad­ tration, the Federal Savings and Loan and Loan Insurance Corporation in su­ ministration for the administration of Insurance Corporation, and the Home pervising the bonding of directors, offi­ the Banks, under regulations prescribed Owners’ Loan Corporation to the appli­ cers and employees of Federal savings by the Federal Home Loan Bank Ad­ cant or institution. and loan associations and insured insti­ ministration and as directed by it. Offi­ (4) President as agent. For the fol­ tutions as required by the statutes, by­ cials of the Banks and the public shall lowing purposes, the President of each laws and rules and regulations govern­ deal directly with the Governor in ad­ Bank shall be the agent of the Federal ing such institutions. ministrative matters. The Governor Home Loan Bank Administration and Upon receiving from the District Ex­ shall be responsible for such supervision the Federal Savings and Loan Insurance aminer two copies of a report of a super­ of all Federal savings arid loan associa­ Corporation and the counsel of the Bank visory examination of a Federal savings tions as is provided by the statute and shall render to said agent such legal serv­ and loan association or an insured insti­ the regulations made thereunder, for ices as may be necessary to enable him tution, together with the District Exam­ such supervision of other insured insti­ properly to carry out such duties; pro­ iner’s analysis thereof, said agent shall tutions as the Federal Savings and Loan vided, however, when designated by the make a careful study of such report and Insurance Corporation may provide, and Governor, some officer or employee other analysis, and shall transmit to the insti­ for such supervision' of other members than, or in addition to, the President, tution examined its copy of the report of the Banks as may be appropriate may act as agent or agents of the Fed­ of the examination, and, if necessary, a under the Act and regulations made FEDERAL REGISTER, Wednesday, February 3, 1943 1433

thereunder. Such supervision shall be TITLE 26—INTERNAL REVENUE Subpart F deals with the registration accomplished though such staff as may Chapter I—Bureau of Internal Revenue of taxpayers. be necessary in Washington, D, C., and Subpart G deals with returns, payment in the field through the agents of the Snbchapter C—Miscellaneous Excise Taxes of tax, and records. Federal Home Loan Bank Administra­ [Regulations 113, 1943 Ed.) Subpart H contains miscellaneous pro­ tion and the Federal Savings and Loan visions relating to refunds and credits, Insurance Corporation. Part 143—R egulations R elating to the and penalties and interest. PART 7—SUPERVISION Tax With Respect to the T ranspor­ The statutory references are to the tation op Property Internal Revenue Code (53 Stat., Part 1) 5. Section 7.1 is amended to read as SUBPART A—INTRODUCTORY unless otherwise stated. follows: Sec. SUBPART B— DEFINITIONS § 7.1 General supervisory powers. 143.0 Scope of regulations. The Federal Home Loan Bank Adminis­ S ec. 3797. D e f in it io n s . tration and the Federal Savings and Loan SUBFART B— DEFINITIONS (a) When used in this title, where not Insurance Corporation shall have origi­ 143.1 Meaning of terms, otherwise distinctly expressed or manifestly incompatible with the intent thereof: nal authority in the exercise of the SUBPART C— GENERAL PROVISIONS (1) Person. The term “person” shall be supervisory powers granted to them by 143.10 Effective period. construed to mean and include an individ­ law. As provided in paragraph (a) of 143.11 Scope of tax. ual, a trust, estate, partnership, company, or § 6.2 of these regulations, supervision of 143.12 Rate of tax. corporation. all Federal savings and loan associations, 143.13 Application of tax. (2) Partnership and partner. The term insured institutions, and other members 143.14 Accessorial and other miscellaneous “partnership” includes a syndicate group, shall be under the direction of the Gov­ charges. pool, joint venture, or other unincorporated ernor and shall be administered by him 143.15 In-transit shipments. organization, through or by means of which SUBPART D--- GOVERNMENTAL EXEMPTIONS any business, financial operation, or venture through such staff of employees as may is carried on, and which is not, within the be necessary and through the agents of 143.20 Payments by or to the United States. meaning of this title, a trust or estate or a the Federal Home Loan Bank Adminis­ 143.21 Payments by a State or political sub­ corporation; and the term “partner” in­ tration and the Federal Savings and division thereof. cludes a member in such a syndicate, group, Loan Insurance Corporation. SUBPART E—EXPORT SHIPMENTS pool, joint venture, or organization. (3) Corporation. The term "corporation”, 6. Section 7.2 is repealed. 143.30 Transportation of property beyond includes associations, joint-stock companies, 7. Section 7.3 is renumbered as § 7.2 the boundaries of the United and Insurance companies. States. and amended in the following particu­ * * . * * * 143.31 Continuity of movement. lars: 143.32 Bills of lading. (9) United States. The term “United a. The title of such section is amended 143.33 Temporary exemption certificate. States” when used in a geographical sense to read Examinations, reports and 143.34 Certificate of exportation. includes only the States, the Territories of 143.35 Pools or similar arrangements. Alaska and Hawaii, and the District of Co­ records. lumbia. b. The last four sentences of para­ SUBPART F— REGISTRATION (10) State. The word “State” shall be graph (a) are repealed. 143.40 Registration. construed to include the Territories and the District of Columbia, where such construc­ c. Paragraph (b) is amended to read SUBPART G—RETURNS, PAYMENT OF TAX, AND tion is necessary to carry out provisions of as follows: RECORDS this title. 143.50 Duty to collect, return, and pay tax. (11) Secretary. The term “Secretary” (b) Records to be kept. Reports, 143.51 Records. means the Secretary of the Treasury. analyses, and correspondence of the 143.52 Returns. (12) Commissioner. The term “Commis­ Bank, of the agents of the Federal Home 143.53 Extension of time. sioner” means the Commissioner of Inter­ Loan Bank Administration, the Federal 143.54 Payment of taxes. nal Revenue. Savings and Loan Insurance Corpora­ 143.55 Refusal to pay taxes. (13) Collector. The term “collector” tion and the Home Owners’ Loan Cor­ 143.56 Jeopardy assessment. means collector of internal revenue. poration and of the District Examiner SUBPART H— MISCELLANEOUS PROVISIONS (14) Taxpayer. The term “taxpayer” pertaining specifically to member and means any person subject to a tax imposed insured institutions in the district shall 143.60 Credits. by this title. 143.61 Abatement or refund of erroneous or ***** be maintained by the Bank in files for illegal assessments or collections. the use of the Bank, the agents of the 143.62 Penalties and interest. (b) Includes and including. The terms Federal Home Loan Bank Administra­ 143.63 Promulgation of regulations. “includes” and “including” when used in a definition contained in this title shall not tion, the Federal Savings and Loan in­ Au thority: §§ 143.0 to 143.63, inclusive, surance Corporation, the District Ex­ issued under secs. 3472, 3791 of the Internal be deemed to exclude other things other­ aminers, and the said agents of the Revenue Code (53 Stat. 423 and 467, 26 UJS.C., wise within the meaning of the term defined. Home Owners’ Loan Corporation. 3472, 3791), and follow the statutory pro­ ***** visions to which they, respectively, refer. (Secs. 12 and 17 of F.H.L.B.A., 47 Stat. § 143.1 Meaning of terms. As used 735, 736, sec. 4 (n) of H.O.L.A. of 1933, SUBPART A—INTRODUCTORY In these regulations, unless otherwise as added by sec. 17 (a), 49 Stat. 297, § 143.0 Scope of regulations. These specified or indicated by the context: sec. 5 (a) of H.O.L.A. of 1933, 48 Stat. regulations deal with the excise tax with (a) General. The terms defined in the 132, sec. 5 net amount realized from such paid by a State, or political subdivision sale to the extent of, but not in excess of, §143.11 Scope of tax. Section 3475 thereof, for the transportation of prop­ the actual transportation charge. (a) imposes a tax upon amounts paid erty (see § 143.21); or (5) to an amount (c) Baggage. An amount paid, in within the United States after Decem­ paid for the transportation of property connection with the transportation of ber 1, 1942, to a person engaged in the in course of exportation or shipment to persons, for the transportation of bag­ business of transporting property for a possession of the United States and gage, including incidental charges on ac­ hire, for transportation, originating on actually so exported or shipped (see count of excess weight, excess value, or after such date, of property by rail, § 143.30). storage, transfer, special delivery, etc., or FEDERAL REGISTER, Wednesday, February 3, 1943 1435 an'amount so paid for a special baggage apply to any payment made in the United papers the words: “To be exchanged for or express car or other conveyance, is States with respect to that part of the through bill of lading”. The original subject to the tax on the transportation transportation which takes place in the shipping papers in such case must show of property if separable from the pay­ United States. Any subsequent trans­ a consignee and destination outside the ment for the transportation of persons portation of such property would be re­ United States. and separately shown on the records of garded as a separate movement. A shipment to contiguous foreign ter­ the carrier. Otherwise, the tax on the The export character of a shipment ritory not made on a through bill of lad­ transportation of persons applies. shall be evidenced by a contract, order, ing, or a land-and-ocean shipment not § 143.15 In-transit shipments. In the proposal of purchase or other written made on a through export bill of lading, case of an in-transit shipment where a evidence of intention to export, antedat­ must be covered by a temporary exemp­ ing the delivery of the shipment to the tion certificate, and proof of the expor­ carrier has charged a local rate from the carrier. point of origin to the. in-transit point and tation of the shipment must be estab­ also a local rate from the in-transit point § 143.31 Continuity of movement. lished by the subsequent filing of a cer­ to the point of destination, and subse­ The continuity of the movement shall be tificate of exportation as explained in quently an adjustment is made for the evidenced by a through bill of lading cov­ §§ 143.33 and 143.34. difference between the sum of the local ering a shipment to contiguous foreign A bill of lading covering property con­ rates and the through rate, the carrier territory, or a through export bill of lad­ signed to a person at a border point or is authorized to make adjustment of the ing covering a land-and-ocean shipment port of exportation, even though show­ proportionate amount of tax involved to non-contiguous foreign territory or to ing the name of a foreign consignee and and take credit for such amount in a a possession of the United States, or, an ultimate foreign destination, is not subsequent monthly return. when the movement has not been under a through bill of lading within the'mean­ through shipping papers, by the bills of ing of these regulations and shipments SUBPART D—GOVERNMENTAL EXEMPTIONS lading, freight or express receipts or so consigned, in order to be exempt from Sec. 3475. Transportation op property. other evidence. Any break in the move­ the transportation tax, must be covered (As added toy section 620 of the Revenue Act ment must be due to the fault of trans­ by a temporary exemption certificate and of 1942.) a certificate of exporta Worn * ' * * * * portation and not to any act of the (b) Exemption of government transporta­ shipper. § 143.33 Temporary Exemption Cer­ tion. The tax Imposed under this section In case a break occurs in the move­ tificate. The Temporary Exemption shall not apply to amounts paid by or to the ment of property shipped for export, Certificate, Form 798, shall be executed United States or any agency or instrumental­ which is not the fault of transportation, in accordance with the instructions ity of the United States for the transportation and the property comes to rest in transit printed thereon and in these regulations, of property. prior to exportation, that part of the and filed in duplicate by the shipper or § 143.20 Payments by or to the United amount paid for the transportation other person who pays the transporta­ States. An amount paid to the United which pertains to the movement from tion charge with the agent of the carrier States or any agency or instrumentality the point of origin tojthe point where the at the time of payment. The carrier thereof for the transportation of prop­ -break occurs is taxable. A “break” may receiving a Temporary Exemption Certi­ erty is exempt from tax. be said to occur wherever the property is ficate, in duplicate, shall retain the du­ An amount paid directly to a carrier stopped for a business purpose, such as plicate with the paid transportation by the United States or any agency or grading, cleaning, mixing, sorting, or document, and forward the original se­ instrumentality thereof for the trans­ manufacture, and not merely in accom­ curely attached to its monthly return, portation of property is likewise exempt. modation to the means of transportation. Form 727, Revised, to the collector of in­ In neither case will an exemption cer­ When a shipment originating in, and ternal revenue for the district in which tificate be required. consigned to a destination in, the United the carrier’s principal place of business States, is subsequently diverted or recon­ is located. § 143.21 Payments by a State or po­ signed to a foreign destination and ex­ If a break for a business purpose oc­ litical subdivision thereof. An amount ported, tax will be due on that part of curs in the transportation movement paid directly to a carrier by a State, or the amount paid for transportation covered by a Temporary Exemption Cer­ political subdivision thereof, for the which covers the movement from the tificate, the amount paid for the trans­ transportation of property is exempt point of origin to the point where the portation from the point of origin to the from tax and no exemption certificate diversion or reconsignment to the for­ point where the break occurs is taxable. will be required. eign destination occurs. The amount § 143.34 Certificate of Exportation. SUBPART E—EXPORT SHIPMENTS paid for transportation from the point of diversion or reconsignment to the Upon receipt of evidence of the actual § 143.30 Transportation of property foreign destination will be considered as exportation of a shipment, covering beyond the boundaries of the United exempt from tax provided a temporary which a Temporary Exemption Certi­ States. The tax will not apply to an exemption certificate and certificate of ficate on Form 798 has been filed, the amount paid in the United States for exportation are filed. (See §§ 143.33 and shipper or other person wlio paid for the transportation of property in course of 143.34.) transportation of the shipment to the exportation to a foreign destination, or point of export shall execute Form 799, The related bill of lading or receipt, or Certificate of Exportation, in duplicate, shipment to a possession of the United other evidence of the continuity of the States, in accordance with the applicable retain the duplicate with the shipping requirements of these regulations. The movement, shall be made available for papers, and at the close of the month provisions of this subpart covering trans­ inspection by internal revenue officers forward the original to the Commis­ portation of property for export shall and retained by the shipper or other sioner of Internal Revenue, Washing­ also apply to transportation to a posses­ person who pays for the transportation ton, D. C., attention: MT:M. sion of the United States. for a period of four years from the date Documentary evidence of the exporta­ Property* will be considered to be in of payment. tion of the property, such as a copy of course of exportation from the' time of § 143.32 Bills of lading. An amount export bill of lading, memorandum from delivery to a carrier in the United States paid for the, transportation of property the captain of the vessel, customs official, for transportation by continuous move- shipped direct from a point within the or foreign consignee, shipper’s export men^ to a point beyond the boundaries United States to a point outside the declaration, or other evidence sufficient of the United States. The term “United United States under a through bill of to establish the fact that the property States’’ means the States, the Territories lading or a through export bill of lading has actually been exported, shall be of Alaska and Hawaii, and the District will be treated as exempt from the trans­ made available for inspection by internal of Columbia. portation tax, without further evidence revenue officers and be retained by the A shipment moving through the United of actual exportation. In case a through person paying the transportation charge States from one foreign point to another bill of lading is not issued at the point for a period of four years. is deemed to be in course of exportation. of origin, but the shipper intends to ob­ If a properly executed certificate of ex­ However, if a break in the movement oc­ tain a through bill of lading, there should portation is not furnished within six curs within the United States, the tax will be stamped across the original shipping months from the date of shipment from 1436 FEDERAL REGISTER, Wednesday, February 3, 1943

the point of origin, the tax on the amount diately upon removal of the place of Sec. 3634. E xtension of tim e for filing paid for transportation will be assessed business to a new location. RETURNS. The collector receiving an application If the failure to file a return (other than and collected from the person who paid a return of income tax) or list at the time for the transportation. for registry will issue Certificate of Reg­ prescribed by law or by regulation made § 143.35 Pools or similar arrange- istry, Form 800A, which must be posted under authority of law is due to sickness or ments. Property intended expressly for in the registered place of business. absence, the collector may allow such further Every person required to register who time, not exceeding thirty days, for making export may be shipped from an interior fails to do so within the specified period and filing the return or list as he deems point into a pool or similar arrangement, • is liable for the penalties imposed by law. proper. such as a grain elevator, oil storage tank, Sec. 3632. Authority to administer oaths, •coal yard, etc., and, in continuation of SUBPART G—RETURNS, PAYMENT OF- TAX, AND TAKE TESTIMONY, AND CERTIFY. the export movement, an equivalent RECORDS (a) Internal Revenue, personnel—(1) Per­ sons in charge of administration of Internal amount of property of the same grade Sec. 3475. T ransportation of property. (As and kind, only, may be shipped there­ Revenue laws generally. Every collector, added by section 620 of the Revenue Act of deputy collector, internal revenue agent, and from to a place outside the United States. 1942.) internal revenue officer assigned to duty un­ The movement of property intended ***** der an internal revenue agent, is authorized for export from an interior point to a (c) Returns and payment. The tax im­ to administer oaths and to. take evidence pool shall be covered by a Temporary Ex­ posed by this section shall be paid by the touching any part of the administration of emption Certificate, Form 798, executed person making the payment subject to the the internal «evenue laws with which -he is and filed as provided in § 143.33. This tax. Each person receiving any payment charged, or where such oaths and evidence specified in subsection (a) shall collect the are authorized by law or regulation author­ certificate shall have the word “Pool” amount of the tax Imposed from the person ized by law to be taken. typed, printed or stamped in the space making such payment, and shall, on or before * * * * * provided therefor immediately beneath the last day of each month, make a return, (b) Others. ' Any oath or affirmation re­ the number of the certificate. under oath, for the preceding month, and quired or authorized by any internal revenue Where a person has been designated to pay the taxes so collected to the collector in law or by any regulations made under au­ direct the exporting operations of a pool the district in which his principal place of thority thereof may be administered by any with authority to control its accounting business is located, or if he has no principal place of business in the United States, to person authorized to administer oaths for practice, an additional copy of the Tem­ the collector at Baltimore, Maryland. Such general purposes by the law of the United porary Exemption Certificate, Form 798, returns shall contain such information and States, or of any State,, Territory, or posses­ filed with the carrier covering each ship­ sion of the United States, or of the District be made in such manner as the Commissioner of Columbia, wherein such oath or affirmation ment entering the pool, shall be fur­ with the approval of the Secretary may by is administered, or by any consular officer of nished to such person by the person who regulations prescribe. the United States. This subsection shall not pays the transportation charge. The di­ (d) Extensions of time. The Commis­ be Construed as an exclusive enumeration of rector of the pool may, in behalf of the sioner may extend the time for making re­ the persons who may administer siich oaths turns and paying the taxes collected, under or affirmations. shipper or other person who paid the such rules and regulations as he shall pre­ transportation charge, execute Form 799 scribe with the approval of the Secretary, Sec. 3330. Witnessing of returns in lieu OF OATH. as prescribed in § 143.34 covering ship­ but no such extension shall be for moré than The Commissioner, with the" approval of ments made from the pool for export. ninety days. the Secretary, may by regulation prescribe S ec. 3470. P a y m en t o f taxes. No exemption from tax will be allowed The taxes imposed by this chapter shall, that any return required by any internal with respect to transportation of prop­ without assessment by the Commissioner or revenue law (except returns required under notice from the collector, be due and payable income or estate tax laws) to be under oath erty entering a pool in excess of the may, if the amount of the tax covered there­ quantity of the same grade and kind ac­ to the collector at the time fixed for filing the return. by is not in excess of $10, be signed or ac­ tually exported therefrom. knowledged before two witnesses Instead of L ia b ility fo r T axes C ollected under oath. SUBPART F—REGISTRATION S ec. 3661. E n fo r c em en t o f l ia b ility for S ec. 3612; R eturns executed by commis­ S ec. T ransportation o f pro per ty . s 3475. (A TAXES COLLECTED. sioner OR COLLECTOR. added by section 620 of the Revenue Act Whenever any person is required to collect (a) Authority of collector. If any person of 1942.) or withhold any internal-revenue tax from fails to make and file a return or list at the ***** any other person and to pay such tax over to time prescribed by law or by regulation made (e) Registration. Every person engaged in the United States, the amount of tax so under authority of law, or makes, willfully the business of transporting property for collected or withheld shall be held to be a or otherwise, a false or fraudulent return or hire, including freight forwarders, express special fund in trust for the United States. list, the collector or deputy collector shall companies, and similar persons, shall, on or The amount of such fund shall be assessed, make the return or list from his own knowl­ before the sixtieth day after the effective collected, and paid in the same manner and edge and from such information as he can date of this section, or within sixty days after subject to the same provisions and limita­ obtain through testimony of otherwise. first engaging in the business of transporta­ tions (including penalties) as are applicable (b) Authority of Commissioner. In any tion of property for hire, register his name with respect to the taxes from which such such case the Commissioner may, from his and his place or "places of business with the fund arose. own knowledge and from such information collector in the district in which is located Sec. 3658. F ractional parts of a cent. as he can obtain through testimony or other­ the principal place of business of such person. In the payment of any tax under this title wise— Every such person who fails to register within not payable by stamp a fractional part of a (1) To make return. Make a return, the period specified shall be guilty of a mis­ cent shall be disregarded unless it amounts or demeanor and upqn conviction thereof shall to one-half cent or more, in which case it (2) To amend collector’s return. be fined not more than $50. shall be increased to 1 cent. Amend any return made by a collector or § 143.40 Registration. Every person R ecords, Sta te m e n ts, and S pecial R e tu r n s deputy collector. engaged in the business of transporting (c) Legal status of returns. Any return or Sec. 1720. R ecords, statements, and re­ list so made and subscribed by the Commis­ property for hire, by rail, motor vehicle, turns. water or air, including freight forward­ Every person liable to any tax imposed by sioner, or by a collector or deputy collector this chapter, or for the collection thereof, and approved by the Commissioner, shall be ers, express companies, and similar per­ shall keep such records, render under oath prima facie good and sufficient for all legal sons, shall, on or before January 30,1943, such statements, make such returns, and purposes. or within sixty days after first engaging comply with such rules and regulations, as ***** the Commissioner, with the approval of the in the business of transportation of Examination of Books and Witnesses property for hire, file Application for Secretary, may from time to time prescribe. Registry on Form 800 with the collector S ec. 3603. N o tic e r eq u ir in g records, state­ Sec. 3614. E xamination of books and w it­ m e n t s , AND SPECIAL RETURNS. n esses. for the district in which is located his Whenever in the judgment of the Com­ (a) To determine liability of the taxpayer. principal place of business (or if he has missioner mecessary he may require any per­ The Commissioner, for the purpose of ascer­ son, by notice served upon him, to make a no principal place of business in the return, render under oath such statements, taining the correctness of any return or for United States, then with the Collector of or keep such records as the Commissioner the purpose of making a return where none Internal Revenue, Baltimore, Maryland). deems sufficient to show whether or not such has been made, is authorized, by any officer or A new application must be filed imme? person is liable to tax. employee of the Bureau of Internal Revenue, FEDERAL REGISTER, Wednesday, February 3, 1943 1437

Including the field service, designated by him collector of the district in which the become immediately due and payable, and for that purpose, to examine any books, pa­ principal place of business of the person Immediate notice and demand shall be made pers, records, or memoranda bearing upon the required to file the return is located (or by the collector for the payment thereof» matters required to be included in the re­ Upon failure or refusal to pay such tax, pen­ turn, and may require the attendance of the if he has no principal place of business alty, and interest, collection thereof by dis­ person rendering the return or of any offi­ in the United States, with the collector traint shall be lawful without regard to the cer or employee of such person, or the attend­ at Baltimore, Md.), on or before the last period prescribed in section 3690. ance of any other person having knowledge day of the month following that for (b) The collection of the whole or any in the premises, and may take his testimony which it is made, except where other­ part of the amount of such assessment may with reference to the matter required by law wise required. (See § 143.53, relating to be stayed by filing with the collector a bond to be included in such return, with power to extension of time, and §143.56, relating to in such amount, not exceeding double the administer oaths to such person or persons. jeopardy assessments.) amount as to which the stay is desired, and * * * * * with such sureties, as the collector deems When the last day of the month in necessary, conditioned upon the payment of Applicability op Administrative P rovisions which a return is due falls on Sunday the amount collection of which is stayed, at or a legal holiday, the return may be the*time at which, but for this section, such Sec. 3473. Applicability op administrative amount would be due. provisions. filed with the collector of internal reve­ All provisions3)f law (including penalties) nue or his authorized representative on § 143.56 Jeopardy assessment. When­ applicable in rpspect of the taxes imposed by the next secular or business day. If a ever in the opinion of the collector it section 1700, shall, in so far as applicable person charged with the duty of collect­ becomes necessary to protect the inter­ and not inconsistent with this chapter, be ing and paying over the tax on any of the applicable in respect of the taxes imposed by ests of the Government by effecting im­ facilities or services specified above dis­ mediate collection of tax, the matter this chapter. continues business for any reason, the Sec. 1722. Other laws applicable. shall be promptly reported to the Com­ All administrative, special, or stamp pro­ last return to be filed shall be marked missioner by telegram or letter showing visions of law, including the law relating to “Final Return.” the reasons therefor. The communica­ the assessment of taxes, so far as applicable, For penalties for failure to file, or de­ tion must state the full name and ad­ shall be extended to and made a part of this linquency in filing, returns, see § 143.62. dress of the person involved, the kind chapter. § 143.53 Extension of time. If it is and amount of tax due, and the period Sec. 1719. Discretionary method allowed COMMISSIONER FOR COLLECTING TAX. found impossible to make the proper re­ involved^ so that the Commissioner can Whether or not the method of collecting turn within the prescribed time, a re­ Immediately assess the tax, together with any ta,jc imposed by this chapter is specifi­ quest may be filed with the Commissioner all penalties and interest - due. Such cally provided herein, any such tax may, for an extension of time, and upon a tax, penalties, and interest will, upon as­ under regulations prescribed by the Com­ proper showing the Commissioner may, sessment, become immediately due and missioner, with the approval of the Secretary pursuant to section 3475, fix a definite payable, and the collector shall, without be collected by stamp, coupon, serial-num­ time in each instance within which the delay, issue a notice and demand for pay­ bered ticket, or such other reasonable device or method as may be necessary or helpful return may be filed, but in no case shall ment thereof in full. in securing a complete and prompt collection such extension exceed ninety days. The collection of the whole or any of the tax. All administrative and penalty § 143.54 Payment of taxes. All taxes part of the amount of such assessment provisions of subchapters A, B, and C of are due and payable to the collector of may be stayed by filing with the col­ chapter 11, in so far as applicable, shall ap­ lector a bond in such amount, not ex­ ply to the collection of any tax which the internal revenue, without assessment by the Commissioner or notice from the col­ ceeding double the amount with respect Commissioner determines or prescribes shall to which the stay is desired, and with be collected in such manner. lector, at the time fixed for filing the re­ turn. If the tax is not paid when due such sureties as the collector deems nec­ § 143.50 Duty to collect, return, and there shall be added, as part of the tax, essary, conditioned upon the payment pay tax. Every person receiving any interest at the rate of 6 per cent per of the amount, collection of which is taxable payment for the transportation annum from the time the tax became stayed, at the time at which such amount of property must collect the tax from due to the actual date of payment or as­ would normally be due. the person making such payment at the sessment, whichever is prior. (See Upon refusal to pay, or failure to pay time the payment is made. § 143.62) or give bond, the collector shall proceed § 143.51 Records. Every person re­ immediately to collect the tax, penalty, § 143.55 Refusal to pay taxes. If a and interest, by distraint, without re­ quired by the provisions of the Code to person to whom taxable transportation collect any tax on any amount paid for gard to the 10-day period after notice service is furnished refuses to pay the and demand prescribed in section 3690. the transportation of property must tax imposed thereon, or if for any reason keep accurate records to show with re­ it is impossible for the collecting agency SUBPART H—MISCELLANEOUS PROVISIONS spect to each individual transaction the to collect the tax from such person, the R efunds and Credits amount of tax collected or evidence of collecting agency should report to the Sec. 3471. R efunds and credits (As the right to exemption where tax is not collector of internal revenue for the dis­ amended by section 554 (d) (2) of the Reve­ collected. Such records shall be kept trict in which its returns are filed the nue Act of 1941.) for at least four years from the date the name and address of such person, (a) Credit or refund of any overpayment tax is due, and shall at all times be open the nature of the service rendered, the of tax imposed by subchapter B or subchapter to inspection by internal revenue officers. amount paid for such service,-and the C may be allowed to the person who col­ For penalties for failure to keep proper date on which paid. Upon receipt of lected the tax and paid it to the United and accurate records, see § 143.62. States if such person establishes, to the such information the collector will re­ satisfaction of the Commissioner, under such §143.52 Returns. Every person re­ port the item to the Commissioner for regulations as the Commissioner with the quired to collect any tax on any amount direct assessment. (See § 143.62 for approval of the Secretary may prescribe, that paid for the transportation of property penalties for refusal to pay tax) he has repaid the amount of such tax to the person from whom he collected it, or ob­ must make returns on Form 727 (Re­ g J eopardy Assessment vised) in accordance with the instruc­ tained the consent of such person to the I Sec. 3660. J eopardy assessment. allowance of such credit or refund. tions printed on the back thereof and in, (b) Any person entitled to refund of tax these regulations. A return must be (a) If the Commissioner believes that the under this chapter paid, or collected and made, in duplicate, under oath, for each collection of any tax (other than income tax, paid, to the United States by him may take estate tax, and gift tax) under any provision credit therefor against taxes due upon any calendar month, and must be sworn to of the internal-revenue laws will be jeop­ monthly return. before a person duly authorized to ad­ ardized by delay, he shall, whether or not (c) Any person making a refund of any minister oaths, unless the amount of tax the time otherwise prescribed by law for payment on which tax under subchapter B returned is $10 or less, when it may be making return and paying such tax has ex­ pr subchapter C has been collected, may repay pired, immediately assess such tax (together therewith the amount of tax collected on signed or acknowledged before two wit­ with all interest and penalties the Assess­ such payment, and the amount of tax so nesses. The return, together with the ment of which is provided for by law). Such repaid may be credited against the tax under amount of the tax, must be filed with the tax, penalties, and interest shall thereupon any subsequent return. No. 23------2 1438 FEDERAL REGISTER, Wednesday, February 3, 1943

S ec. 620. T ransportation o p p r o p e r t y . S ec. 3772. Su its for refund. where the overpayment was the result of (Revenue Act of 1942.) (a) Limitations—(1) Claim. No suit or a clerical or mechanical error, take cred­ • * * * • proceeding shall be maintained in any court it for such overpayment against the tax (b) Technical amendment. Section 3471 for the recovery of any internal revenue tax alleged to have been erroneously or illegally due on a subsequent monthly return. (a) and (b) are amended by striking out “or Every person required to collect tax, Subchapter C” wherever occurring therein assessed or collected, or of any penalty and inserting in lieu thereof “Subchapter claimed to have been collected without au­ who makes a refund of any payment on C, or Subchapter E”. thority, or of any sum alleged to have been which tax has been collected, may repay excessive or in any manner wrongfully col­ therewith the amount of tax collected Sec. 3770. Authority to make abatements, lected until a claim for refund or credit has credits and refunds. (As amended by sec­ on such payment and take credit for the been duly filed with the Commissioner, ac­ amount so repaid against the tax due on tion 508 (b) of the Second Revenue Act of cording to the provisions of law in that re­ 1940.) gard, and the regulations of the Secretary a subsequent monthly return. (a) To taxpayers—(1) Assessments and established in pursuance thereof. Any monthly return on which a credit collections generally. Except as otherwise (2) Time. No such suit or proceeding shall is taken shall have attached thereto a provided by law in the case of income, war- be begun before the expiration of six months sworn statement explaining the reason profits, excess-profits, estate, and gift taxes, from the date of filing such claim unless the or reasons for claiming the credit, set­ the Commissioner, subject to regulations Commissioner renders a decision thereon prescribed by the Secretary, is authorized to ting forth the amount of each kind of within that time, nor after the expiration tax, and the portion thereof chargeable remit, refund, and pay back all taxes erro­ of two years from the date of mailing by neously or illegally assessed or collected, all registered mail by the Commissioner to the to each month’s tax payment which is penalties collected without authority, and taxpayer of a notice of the disallowance of the claimed to have been overpaid or over­ all taxes that appear to be unjustly assessed part of the claim to which such suit or collected, and stating whether a claim or excessive in amount, or in any manner proceeding relates. for refund with respect to any of the wrongfully collected. (3) Reconsideration after mailing of notice. amounts involved has been filed, either (2) Assessments and collections after limi­ Any consideration, reconsideration, or action with the collector or the Commissioner. tation period. Any tax (or "tiny interest, by the Commissioner with respect to such To the extent that credit claimed on a penalty, additional amount, or addition to claim following the mailing of a notice by return filed by a collecting agency is such tax) assessed or paid after the ex­ registered mail of disallowance shall not oper­ piration of the period of limitation properly ate to extend the period within which suit based on refunds or adjustments made applicable thereto shall be considered an may be begun. This paragraph shall not with persons who paid the tax, the state­ overpayment and shall be credited or re­ operate (A) to bar a suit or proceeding in ment shall show that the collecting funded to the taxpayer if claim therefor is respect of a claim reopened prior to June 22, agency has refunded the tax to the per­ filed within t)ie period of limitation for filing 1936, if such suit or proceeding was not barred sons involved or has obtained the written such claim. under the law in effect prior to that date, or consent of such persons to the allowance * * * • * (B) to prevent the suspension of the statute of the credit. The written consent must of limitations for filing suit under section Sec. 3313. P eriod o p l im it a t io n u p o n re­ 3774 (b) (2). be forwarded to the collector with the f u n d s AND CREDITS. (b) Protest or duress. Such suit or pro­ return'on which the credit is taken. All claims for the refunding or crediting ceeding may be maintained, whether or not A complete and detailed record of all of any internal revenue tax alleged to have such tax, penalty, or sum has been paid credits taken shall be maintained and been erroneously or illegally assessed or col­ under protest or duress. made available for inspection by revenue lected, or of any penalty alleged to have been # * * * * officers for four years from the date of collected without authority, or of any sum Sec. 3774. R efunds after periods of lim ita­ the return on which the credit appears. alleged to have been excessive or in any man­ tio n . ner wrongfully collected must, except as A refund of any portion of an internal reve­ § 143.61 Abatement or refund of er­ otherwise provided by law in the case of in­ nue tax (or any interest, penalty, additional roneous or illegal assessments or collec­ come, war-profits, excess-profits, estate, and amount, or addition to such tax) shall be con­ tions. A claim for abatement or refund gift taxes, be presented to the Commissioner sidered erroneous; of taxes alleged to have been erroneously within four years next after the payment of (a) Expiration of perio for filing claim. If or illegally assessed or paid (or of any such tax, penalty, or sum. The amount of made after the expiration of the period of penalties assessed or collected without the refund (in the case of taxes other than limitation for filing claim therefor, unless authority) shall be prepared on Form within such period claim was filed; or income, war-profits, excess-profits, estate, (b) Disallowance of claim and expiration of 843 and presented to the collector of in­ and gift taxes) shall not exceed the portion period for filing suit. In the case of a claim ternal revenue for the district in which of the tax, penalty, or sum paid during the filed within the proper time and disallowed by the amount claimed was assessed or paid. four years immediately preceding the filing the Commissioner if the refund was made (See section 3313 of the Code.) of the claim, or if ilo claim was filed, then after the expiration of the period of limitation Where a collecting agency has er­ during the four years immediately preceding for filing suit, unless: roneously or illegally overpaid from its the allowance of the refund. (1) Within such period suit was begun by own funds any tax, the collecting agency S ec. 3771. I n ter est o n overpayments. the taxpayer, or may claim a refund of such overpay­ (a) Rate. Interest shall be allowed and (2) Within such period, the taxpayer and ments. In ease a collecting agency has paid upon any overpayment in respect of any the Commissioner agreed in writing to sus­ pend the running of the statute of limitations erroneously or illegally overcollected and internal revenue tax at the rate of 6 per overpaid any tax due, the collecting centum per annum. for filing suit from the date of the agreement (b) Period. Such interest shall be allowed to the date of final decision in one or more agency may claim a refund of the named cases then pending before the Board amount so overcollected and overpaid, and paid as follows: of Tax Appeals or the courts. If such agree­ (1) Credits. In the case of a credit, from but only if it is established by affidavit ment has been entered into, the running of or otherwise-as may be required (a) that the date of the overpayment to the due date such statute of limitations shall be suspended of the amount against which the credit is In accordance with the terms of the agree­ the tax so overcollected and overpaid has taken, but if the amount against which the ment. been returned to the person from whom credit is taken is an additional assessment * * * * • * collected, or that the collecting agency of a tax imposed by the Revenue Act of 1921, Sec. 3775. Credits after periods of limita­ has obtained the written consent of such 42 Stat. 227, or any subsequent Revenue Act, t io n . person to the granting of the refund and then to the date of the assessment of that (a) Period against United States. Any (b) that no credits have been taken for amount. credit against a liability in respect of any the alleged overpayment in the manner (2) Refunds. In the case of a refund, taxable year shall be void if any payment in provided for in § 143.60. from the date of the overpayment to a date respect of such liability would -be considered If a person who has paid tax to a col­ preceding the date of the refund check by an overpayment under section 3770 Ja) (2). lecting agency files a claim for refund in not more than thirty days, such date to be (b) Period against taxpayer. A credit of an overpayment in respect of any tax shall his own name, there should be attached determined by the Commissioner, whether or to the claim the original receipts issued not such refund check is accepted by the be void if a refund of such overpayment would be considered erroneous under section by the collecting agency showing pay­ taxpayer after tender of such check to the 3774. taxpayer. The acceptance of such check shall ment of the tax involved and a sworn be without prejudice to any right of the tax­ § 143.60 Credits. Every person re­ statement of the facts on which the payer to claim any additional overpayment quired to pay tax, or to collect and pay claim for refund is based, and the affi­ and interest thereon. tax* who overpays from his own funds, davit on Form 843 must show that no » * * * * tax on any monthly return may, in cases repayment of the tax alleged to have FEDERAL REGISTER, Wednesday, February 3, 1943 1439 been overpaid or any part thereof has tax imposed by this chapter, who wilfully from the next succeeding day to the date been made t6 the claimant by the collect­ fails to pay such tax, make such return, keep of the next payment, and so on until the ing agency and that he has not consented such records, or supply such information at the time or times required by law or regula­ assessment is paid in full. to the allowance of credit or refund to tions, shall, in addition to other penalties pro­ If a claim for abatement is filed with the collecting agency. vided by law, be guilty of a misdemeanor and, the collector within 10 days after the P enalties and I nterest upon conviction thereof, be fined not more date of the issuance of the first notice than $10,000, or imprisoned for not more than Sec. 1853. P ayments op tax. one year, or both, together with the costs of and demand, the 5 percent penalty does * * * * * ■ prosecution. not attach. If the assessment is not (c) Addition to the tax in case of delin­ (b) Any person required under this chap­ paid within 10 days after receipt of quency. If the tax is not paid when due, ter to collect, account for and pay over any notice of rejection of the claim, the 5 there shall be added as part of the tax inter­ tax imposed by this chapter who wilfully percent penalty applies. The filing of est at the rate of 6 per centum per annum fails to collect or truthfully account for and the. claim does not affect the accrual of from the time the tax became due until paid. pay over such tax, and any person who wil­ Sec.. 3470. P ayment op taxes. fully attempts In any manner to evade or interest, which continues to run for the * * * If the tax is not paid when due, defeat any tax imposed by this chapter or full period from the date of the first there shall be added as part of the tax inter­ the payment thereof, shall, in addition to notice and demand through the date of est at the rate of 6 per centum per annum other penalties provided by law, be guilty of payment. from the time the tax became due until paid. a felony and, upon conviction thereof, be If a false or fraudulent return is will­ Sec. 3612. R eturns executed by com m is­ fined not more than $10,000, or imprisoned fully made, the penalty under section sioner or collector. for not more than five years, or both, to­ 3612 (d) (2) is 50 per cent of the total * * * * gether with the costs of prosecution. tax due for the entire period involved, (d) Additions to tax—»(1) Failure to file (c) Any person who wilfully fails to pay, return. In case of any failure to make and collect, or truthfully account for and pay including any tax previously paid for file a return or list within the time pre­ over, any tax imposed by this chapter, or such period scribed by law, or prescribed by the Commis­ wilfully attempts in any manner to evade Any person who willfully fails to pay sioner or the collector in pursuance of law, or defeat any such tax or the payment or collect any tax due, file return, or keep the Commissioner shall add to the tax 25 thereof, shall, in addition to other penalties records, or who attempts in any manner per centum of its amount, except that when provided by law, be liable' to a penalty of to evade or defeat the tax, is subject to a return is filed after such time and it is the amount of the tax evaded, or not paid, a fine of $10,000, or imprisonment, or shown that the failure to file it was due to a collected, accounted for and paid over, to be reasonable cause and not to willful neglect, assessed and collected in the same manner as both, with costs of prosecution, and is no such addition shall be made to the tax: taxes are assessed and collected. No penalty also liable to a penalty equal to the Provided, That in the case of a failure to shall be assessed under this subsection for any amount of the tax not collected or paid. make and file a return required by law, offense for which a penalty may be assessed These penalties apply to any officer or within the time prescribed by law or pre­ under authority of section 3612. employee who, as such officer or em­ scribed by the Commissioner in pursuance (d) The term “person” as used in this ployee, is under a duty to perform the of law, if the last date so prescribed for filing section Includes an officer or employee of a act in respect of which the violation oc­ the return is after August 30,1935, then there corporation, or a member or employee of a curs, as well as to any other person who shall be added to the tax, in lieu of such 25 partnership, who as such officer, employee, or per centum: 6 per centum if the failure is member is under a duty to perform the act fails or refuses to perform any of the for not more than 30 days, with an additional in respect of which the violation occurs. duties imposed by the Code, i. e., pay or 5 per centum for each additional 30 days or collect the tax, make return, keep rec­ fraction thereof during which failure con­ § 143.62 Penalties and interest. In ords, supply information, etc. tinues, not to exceed 25 per centum in the case of failure to tile a return within the prescribed time, a certain percentage of S e c . 3710. S urrender o p pr o perty su b je c t aggregate. TO DISTRAINT. (2) Fraud. In case a false or fraudulent the amount of the tax is added to the (a) Requirement. Any person in posses­ return or list is willfully made, the Commis­ tax unless the return is later filed and sion of property, or rights to property, sub­ sioner shall add to the tax 50 per centum of failure to file the return 'within the pre­ ject to distraint, upon which a levy has been its amount. scribed time is shown to the satisfaction made, shall, upon demand by the collector * * * * * of the Commissioner to be due to a or deputy collector making such levy, sur­ (e) Collection of additions to tax. The reasonable cause and not to willful render such property or rights to such col­ amount added to any tax under paragraphs neglect. The amount to be added to the lector or deputy, unless such property or (1) and (2) of subsection (d) shall be col­ right is, at the time of such demand, subject lected at the same time and in the same tax is 5 percent if the failure is for not to an attachment or execution under any manner and as a part of the tax unless the more than 30 days, with an additional judicial process. tax has been paid before the discovery of the 5 percent for each additional 30 days or (b) Penalty for violation. Any person who neglect, falsity, or fraud, in which case the fraction thereof during which the failure fails or refuses to so surrender any of such amount so added shall be collected in the continues, but not to exceed 25 percent in property or rights shall be liable in his own same manner as the tax. the aggregate. person and estate to the United States in Sec. 3655. Notice and demand for tax. Failure to pay tax within the time fixed a sum equal to the value of the property or (a) Delivery. Where it is not otherwise for filing returns causes interest to ac­ rights not so surrendered, but not exceed­ provided, the collector shall in person or by ing the amount of the taxes (including pen­ deputy, within ten days after receiving any crue automatically, without assessment alties and Interest) for the collection of list of taxes from the Commissioner, give of the tax by the Commissioner or notice which such levy has been made, together notice to each person liable to pay any taxes to the taxpayer, to the date of payment with costs and interest from the date bf such stated therein, to be left at his dwelling or or assessment, whichever is prior. The levy. usual place of business, or to be sent by due date of the tax for the purpose of (c) Person defined. The term “person” as mail, stating the amount of such taxes and computing interest is the last day of the used in this section includes an officer or demanding payment thereof. month within which the return is re­ employee of a corporation or a member or (b) Addition to tax for nonpayment. If quired to be filed and the tax paid. employee of a partnership, who as such of­ such person does not" pay the taxes, within ficer, employee, or member is under a duty ten days after the service or the sending by Where assessment is made, and pay­ to perform the act in respect of which the mail of such notice, it shall be the duty of ment is not made within 10 days after violation occurs. the collector or his deputy to collect the the issuance of the first notice and de­ S e c . 3793. P e n a lties and forfeitures. said taxes with a penalty of 5 per centum mand (Form 17), there will accrue, under * * * * * additional upon the amount of taxes, and section 3655, a 5 percent penalty and (b) Fraudulent returns, affidavits, and interest at the rate of 6 per centum per interest at the rate of 6 percent per an­ annum from the date of such notice to the claims. (1) Assistance in preparation or date of payment; * * num computed upon the entire assess­ presentation. Any person who willfully aids * * * # ^ * ment from the date of issuance of Form or assists In, or procures, counsels, or advises 17 until date of payment. Where assess­ the preparation or presentation under, or in Sec. 1718. P enalties. ment is settled by partial payments, in­ connection with any matter arising under, (a) Any person required under this chap­ the internal revenue laws, of a false or fraud­ ter to pay any tax, or required by law or terest shall be computed on the total ulent return, affidavit, claim, or document, regulations made under authority thereof assessment at the above-prescribed rate shall (whether or not such falsity or fraud to make a return, keep any records, or supply from the date of the first 10-day notice is with the knowledge or consent of the per­ any information, for the purposes of the through the date of first payment, and son authorized or required to present such computation, assessment, or collection of any on the balance interest shall be computed return, affidavit, claim, or document) be 1440 FEDERAL REGISTER, Wednesday, February 3, 1943 guilty of a felony, and, upon conviction TITLE 29—LABOR 3,1942, and all regulations heretofore or thereof, be fined not more than $10,000, or hereafter issued thereunder, and with imprisoned for not more than five years, or Subtitle A—Office of the Secretary the declaration of wage policy of the both, together with the costs of prosecution. Part 3—D eterminations R elating to National War Labor Board, dated Novem­ (2) Person defined. The term “person" as ber 6, 1942. In ruling on applications used in this subsection includes an officer or Overtime, Sunday, and Holiday Pay employee of a corporation or a member or for adjustments of wages and salaries of employee of a partnership, who as such ofa­ TEMPORARY STAY OF APPLICATION OF OVER­ laborers and mechanics employed by cer, employee, or member is under a duty TIME WAGE ORDER TO THE SHIPBUILDING contractors, it shall approve them only to perform the act in respect of which the AND SHIP REPAIR INDUSTRY if they fix the same wages and salaries violation occurs. Upon the request of the Chairman of for such employees as for the employees * * * * Hi the Shipbuilding Stabilization Commit­ of the Tennessee Valley Authority per­ Sec. 35. Crim inal code op t h e united tee for exemption of the shipbuilding forming like work. Disapproval of an STATES, A& AMENDED BY THE ACT APPROVED and ship repair industry from the pro­ application on the ground that it does APRIL 4, 1938 (52 STAT., 197). not fix such equal wages and salaries (A) Whoever shall make or cause to be visions of Executive Order 9240, entitled “Regulations Relating to Overtime Wage shall not preclude application through made or present or cause to be presented, for other channels of the National War payment or approval, to or by any person or Compensation,” it is ordered, pursuant officer in the civil, military, or naval service to the authority vested in me by Execu­ Labor Board. The Board of Directors of the United States, or any department tive Order 9248, that the temporary stay of the Tennessee Valley Authority, with­ thereof, or any corporation in which the of application of Executive Order 9240 out making an initial ruling thereon may United States of America is a stockholder, to work in the Shipbuilding and Ship Re­ refer to the National War Labor Board, any claim upon or against the Government pair Industry, which is subject to the for decision by the Board, any applica­ of the United States, or any department or tion which in its opinion presents doubt­ officer thereof or any corporation in which Zone Standards Agreements for the Shipbuilding and Ship Repair Industry ful or disputed questions of sufficient the United States of America is a stockholder, seriousness and import to warrant direòt knowing such claim to be false, fictitious, and the Pacific Coast Repair Agreements, granted by me by order elated September action by the Board. or fraudulent; or whoever shall knowingly (c) The Board of Directors of the and willfully falsify or conceal or cover up 30, 1942 (7 F.R. 7801,10050), for a period by any trick, scheme, or device a material of 60 days from October 1, 1942, and ex­ Tennessee Valley Authority shall trans­ fact, or make or cause to be made any false tended by my order dated November 29, mit to the Review and Research Division or fraudulent Statements or representations, 1942 until January 31, 1943, is hereby of the National War Labor Board copies or make or use or cause to be made or used further extended until March 2, 1943. of its rulings, and rules of procedureT if any false bill, receipt, voucher, roll, account, Dated: January 29,1943. any, as they are issued, and such addi­ tional data and reports as said Division claim, certificate, affidavit, or deposition, F rances P erkins, knowing the same to contain any fraudulent Secretary of Labor. or the Board may from time to time or fictitious statement or entry in any mat­ deem necessary. ter within the jurisdiction of any depart­ [P. R. Doc. 43-1745; Piled, February 2, 1943; (d) Any ruling by the Board of Direc­ ment or agency of the United States or of 11:18 a. m.] tors of the Tennessee Valley Authority any corporation in which the United States hereunder shall be deemed the act of the of America is a stockholder; or whoever National War Labor Board and shall be shall enter into any agreement, combination, final, subject to the National War Labor or conspiracy to defraud the Government of Chapter VI—National War Labor Board Board’s right to review rulings on its the United States, or any department or [General Order 25A] own motion and to reverse or modify the officer thereof, or any corporation in which Part 803—General Orders same. Any such reversal or modification the United States of America is a stockholder, shall not be retroactive and shall allow by obtaining or aiding to obtain the pay­ TENNESSEE VALLEY AUTHORITY the Tennessee Valley Authority or the ment or allowance of any false or fraudulent contractor, as the case may be, a period claim; * * * shall be fined not more Authorization of the Board of Direc­ tors of the Tennessee Valley Authority of two weeks for compliance. (Adopted than $10,000, or imprisoned not more than January 27, 1943) ten years, or both. to rule on wage and salary adjustments * * * * * of employees of the Tennessee Valley (E.O. 9250, 7 F.R. 7871) Authority and of contractors engaged in Authority for R egulations L. K. Garrison, construction work for the Tennessee Executive Director. Sec. 3791. R ules and regulations. Valley Authority. (a) Authorisation—(1) In general. * * * [P. R. Doc. 43-1751$' Filed, February 2, 1943; the Commissioner, with the approval of the § 803.25a General Order No. 25A. 11:41 a. m.] Secretary, shall prescribe and publish all General Order No. 25, adopted on needful rules and regulations for the en­ December 22, 1942, is hereby revoked. forcement of this title. (7 F.R. 11109) In its place, the follow­ Chapter VII—War Manpower Commission (2) In case of change in law. The Com­ ing order is adopted: [General Order 2] missioner may make all such regulations, not (a) The National War Labor Board otherwise provided for, as may have become in accordance with the further provi­ P art 902—Training Programs for Armed necessary by reason of any alteration of law sions of this Order hereby delegates to F orces Carried on in Non-F ederal in relation to internal revenue. Educational Institutions (b) Retroactivity of regulations or rulings. the Board of Directors of the Tennessee The Secretary, or the Commissioner with the Valley Authority the power to approve SELECTION OF INSTITUTIONS approval of the Secretary, may prescribe the or disapprove all applications for adjust­ ments of wages and salaries (insofar as By virtue-of and pursuant to the au­ extent, if any, to which any ruling, regula­ thority vested in me as Chairman of the tion, or Treasury Decision, relating to the approval thereof has been made a func­ internal revenue laws, shall be applied with­ tion of the National War Labor Board) of War Manpower Commission by Execu­ out retroactive effect. employees of the Tennessee Valley tive Orders Nos. 9Î39 and 9279,1 hereby Authority; also applications to equalize prescribe the following regulations gov­ § 143.63 Promulgation of regulations. the wages and salaries of laborers and erning the selection of non-Federal edu­ In pursuance of the provisions of the mechanics while actually employed by cational institutions for the conduct of law, the foregoing regulations are hereby contractors in performing contracts with training programs for the Armed Forces, prescribed. the Tennessee Valley Authority within and the approval of such training pro­ [seal] Norman D. Cann, paragraph 2 of section 3 of the Tennes­ grams and of contracts relating thereto: Acting Commissioner see Valley Authority Act, as amended, Sec. of Internal Revenue. with the wages and salaries of like em­ 902.1 Definitions. Approved: February 1, 1943. ployees of the Tennessee Valley Author­ 902.2 Approval of training programs. ity. 902.3 Contracts. J ohn L. Sullivan, -(b) In the performance of its duties 902.4 Establishment of Joint committee. Acting Secretary of the Treasury. hereunder,-the Board of Directors of the 902.5 Selection of institutions. [P. R. Doc. 43-1723; Piled, February 1, 1943; Tennessee Valley Authority shall comply Au t h o r it y : §§902.1 to 902.5, inclusive, is­ 4:42 p. m.] with Executive Order 9250, dated October sued under E.O. 9139, 9279; 7 F.R. 2919, 10177. FEDERAL REGISTER, Wednesday, February 3, 1943 1441

§ 902.1 Definitions. For the purpose tion shall be given to Reserve Officers’ On March 20,1942, Supplementary Order of these regulations, Training Corps and to Army and Navy No. M-15-b was amended so as to pro­ (a) “Educational institutions” and “in­ training programs now in operation in hibit the processing or consumption, stitutions” shall meamaon-Federal in­ the institution, as well as availability and after March 31, of reclaimed or scrap stitutions. responsibility of the institution for the rubber for the production of soling mate­ (b) “Armed Forces” includes their re­ training of personnel for essential civil­ rials for shoes. Baldwin Rubber Com­ serve components and the Women’s ian activities. pany was fully aware of the terms of this Army Auxiliary Corps. (d) In addition to the data provided order of the War Production Board. § 902.2 Approval of training pro­ in the special reports presented by insti­ Nevertheless, after March 31 and until grams. All training programs for the tutions on schedules distributed to all halted by a representative of the War Armed Forces involving the utilization higher educational institutions, the Joint Production Board, on April 9, the Baldwin of educational institutions, their facili­ Committee shall give consideration to Rubber Company processed* in excess of such supplementary information as may 35 tons of reclaimed rubber for the manu­ ties and personnel shall be submitted facture of soles for civilian "shoes. to the Chairman of the War Manpower be furnished by the United States Office Commission for approval. Such pro­ çf Education and by the American Coun­ This constituted a wilful violation of cil on Education. Where necessary, in­ the provisions of Supplementary Order grams may be initiated by the Armed formation derived from personal inspec­ M-15-b, as amended, which has hamp­ Forces in educational institutions se­ tion by representatives of the Armed ered and impeded the war effort of the lected in accordance with these regula­ Forces shall be considered. United States by diverting materials to tions upon agreement with the educa­ Ce) Institutions shall be selected ac­ uses not authorized by the War Produc­ tional institutions involved, at any time cording to the type of instruction that tion Board. In view of the foregoing, It after approval by the Chairman of the is hereby ordered, That: War Manpower Commission. Can be given most effectively at the re­ quired level in engineering, medical, pre­ § 1010.225 Suspension Order S-225. §902.3 Contracts. All contracts for medical, and other needed fields, as well (a) For a period of thirty days from the training entered into between the Armed as in liberal arts. Consideration shall effective date of this ordeç, Baldwin Rub­ Forces and educational institutions, and be given to the relationship of the type ber Company shall not use, process, all modifications or changes thereof, of instruction required to the numbers stamp, cut, or in any manner change the shall conform to the applicable training of students to be given basic instruction form, shape or chemical composition of program approved by the Chairman of and to the number to be trained in vari­ any crude rubber, latex, reclaimed rub­ the War Manpower Commission pur­ ous advanced and specialist classifi­ ber, scrap rubber or synthetic rubber ex­ suant to § 902.2 of these regulations, and cations. cept for the production of articles for shall conform to the determination by (f) Particular attention shall be given delivery to fill: the Joint Committee with respect to the to the limited capacities of engineering, (1) War orders, as defined in Supple­ availability of the facilities of the insti­ medical and other technical institutions mentary Order M-15-b, as amended, and tution in question, made pursuant to in relation to the heavy demands for (2) Orders placed prior to the issuance § 902.5 of these regulations. such forms of training by the Army, date hereof by the Chemical Warfare § 902.4 Establishment of joint com­ Navy, and essential civilian activities. Service of the United States Army. mittee. (a) There shall be established Therefore, use shall be made of as many- (b) Beginning thirty days after the a Joint Committee composed of three liberal arts and mon-technical institu­ effective date of this order, Baldwin representatives designated^ by the Sec­ tions as possible for basic training. Rubber Company shall not use, process, retary of War, three representatives des­ (g) Contracts shall be made initially stamp, cut, or in any manner change the ignated by the Secretary of Navy, and with institutions which have available form, shape or chemical composition of three representatives designated by the the necessary physical facilities and in­ any crude rubber, latex, reclaimed rub­ Chairman of the War Manpower Com­ structional staff required by the pro­ ber, scrap rubber, or synthetic rubber mission. gram. When and if additional institu­ except for the production of articles for (b) The Joint Committee shall select tions are needed, the extent to which delivery to fill war orders, as defined in the educational institutions in which the required additional facilities and Supplementary O r d e r M-15-b, as training programs of the Armed Forces staff can be obtained shall be considered. amended. may be carried out under the regulations Paul V. McNutt, (c> Nothing contained in this order herein and hereinafter prescribed by the Chairman, shall be deemed to relieve Baldwin Rub­ Chairman of the War Manpower Com­ War Manpower Commission. ber Company from any restriction, pro­ mission. J anuary 30, 1943. hibition or provision contained in any (c) In the selection of institutions for other order or regulation of the Director specialized training programs decisions [F. R. Doc. 43-1750; Piled, February 2, 1943; of Industry Operations or the Director shall be made by unanimous agreement 11:32 a. m.] Général for Operations, except in so far of the Joint Committee. In the absence as the same may be inconsistent with the of unanimous agreement by the Commit­ provisions hereof. tee, the matter shall be submitted to the (d) This order shall take effect Feb­ Chairman of the War Manpower Com­ TITLE 32—NATIONAL DEFENSE ruary 4, 1943 and shall expire November mission for final decision. 9, 1943, at which time the restrictions Chapter IX—War Production Board contained in this order shall be of no § 902.5 Selection of institutions, (a) Subchapter B—Director General for Operations further effect. Institutions shall be selected on the basis Issued this 1st day of February 1943. of their available administrative and in­ Au t h o r it y : Regulations in this sub­ structional facilities, including staff, li­ chapter issued under P.D. Reg. 1, as amended, Curtis E. Calder, brary, laboratories and equipment, as 6 P.R. 6680; W.PJB. Reg. 1, 7 P.R. 561; E.O. Director General for Operations. 9024, 7 P.R. 329; E.O. 9040, 7 P.R. 527; E.O. well as on the basis of housing, messing, 9125, 7 P.R. 2719; sec. 2 (a), Pub. Law 671, [P. R. Doc. 43-1722; Filed, February 1, 1943; and recreational facilities, as these are 76th Cong., as amended by Pub. Laws 819 and 4:12 p.m.] related to the particular training needs 507, 77th Cong. of the Armed Forces. Part 984—Lead (b) As large a number of institutions, Part 1010—Suspension Orders not omitting the smaller institutions, as [Suspension Order S-225] [Conservation Order M-38-c as Amended may be consistent with economical and Feb. 2, 1943] effective operation of the programs for BALDWIN RUBBER COMPANY Whereas, national defense require­ training shall be selected. This selection Baldwin Rubber Company of Pontiac, ments have created a shortage of lead shall likewise take into consideration a Michigan, on March 9, 1942 received an for the combined needs of defense, pri­ geographical distribution of institutions, order for the production of rubber sheets vate account, and export; and the sup­ based on the specific training needs of for soles for civilian shoes. Prior to that ply now is and will be insufficient for de­ the Armed Forces and the time and cost time,the company had hot produced any fense and essential civilian requirements of transportation of trainees. soling material but had been engaged unless its use in the manufacture of (c) In the selection of any institution largely in the manufacture of automobile many products where such use is not ab­ under these regulations, due considera­ floor mats and other automotive parts. solutely necessary for the defense or 1442 FEDERAL REGISTER, Wednesday, February 3, 1943 essential civilian requirements is cur­ both on December 1, 1941, and on the (4) Violations. Any person who wil­ tailed or prohibited as hereinafter pro­ date of such use, and specifically and fully violates any provision of this vided; Now, therefore, it is hereby or­ exclusively require the use of lead or order, or who by any act or omission dered, That; falsifies records to be kept or informa­ lead base alloy to the extent employed; tion to be furnished pursuant to this § 984.4 Conservation Order M-38-c— or order may be prohibited from receiving (a) Prohibition on use of lead in articles (3) For use in equipment in manufac­ further deliveries of any material sub­ appearing on List A. (1) Any person ject to allocation, and such further action using lead or lead base alloy in any item turing plants to the extent that corro­ sive action makes necessary the use of may be taken as is deemed appropriate, on List A shall reduce his use of lead or including a recommendation for prose­ lead base alloy for such product between lead; or cution under section 35 (A) of the Crim­ January 1 and March 31,1942 to 50% of (4) For use in scientific and industrial inal Code (18 U.S,C. 80). his use in the base period. laboratories and hospitals where and to (5) Definitions. For the purposes of (2) Effective April 1, 1942, no lead or the extent that the physical and chemi­ this order: lead base alloy shall be used in the pro­ duction of any item on List A. cal properties of lead make its use (i) “Lead” means and includes lead necessary. metal whether produced from domestic (3) Effective May 1, 1942, no person or foreign ores, which has been refined shall use lead foil or lead base alloy foil, (d) Prohibitions against sales or deliv­ by any recognized method, in all forms in packaging any cigarettes. eries. No person shall hereafter sell or and shapes current in the trade; antimo­ (b) Limitation on all other uses of deliver lead or lead base alloy to any per­ nial lead, and lead metal produced from lead. From and after October 1,1942, no son if he knows, or has reason to be­ scrap and drosses. person shall use during any calendar lieve, such material is to be used in viola­ (ii) “Lead base alloy” means any alloy quarter in the manufacture of any prod­ tion of the terms of this order. containing 50 percent or more of lead uct which is not prohibited by paragraph (e) Limitation of inventories. No metal by weight. (a) of this order more lead or lead base manufacturer shall receive delivery of (iii) “Inventory” of a person includes alloy than 90% of the quantity of lead lead or lead base alloy (including scrap) the inventory of affiliates and subsid­ or lead base alloy that_ he used in the or products thereof, in the form of raw iaries of such person, and the inventory manufacture of such product during the materials, semi-processed materials, fin­ of others where such inventory is under base period. If any person did not use ished parts or sub-assemblies, nor shall the control or under common control lead or lead base alloy during the base he put into process any raw materials in with or available for the use of such period in the manufacture of any prod­ quantities, which in any case shall re­ person. uct not prohibited by paragraph (a), he sult in an inventory of such raw, semi- (iv) “Manufacture” means to fabri­ may use in the manufacture of such processed or finished material in excess cate, assemble, melt, cast, extrude, roll, product such quantity of lead or lead of a minimum practicable working in­ turn, spin, produce, coat or process in base alloy as the Director General for ventory. any other way, but does not include in­ Operations may authorize pursuant to an (f) Miscellaneous provisions—(1) Ap­ stallation of a finished product for the appeal under paragraph (f) (2) of this plicability of Priorities Regulation 1. ultimate consumer. order. This order and all transactions affected (v) “Item” means any article or any (c) General exceptions. Where and to thereby are subject to the provisions of component part thereof. the extent that the use of any less criti­ Priorities Regulation 1 (Part 944), as (vi) “Use” means both (a) the act of cal material is impracticable, the pro­ amended from time to time, except to putting lead' or lead base alloy into proc­ the extent that any provision hereof may ess in the manufacture of any item and hibitions, limitations and restrictions be inconsistent therewith, in which case contained in paragraphs (a) arid (b) of (b) the act of completing the manufac­ the provisions of this order shall govern. ture of any such item. (Where a person this order shall not apply to the use of (2) Appeal. Any person affected by is limited to a percentage of the material lead or lead base alloy in the manufac­ this order who considers that compli­ used in a base period this limitation ap­ ture of any item on, or for any of the ance therewith would work an excep­ plies respectively to (a) thé amount of tional and unreasonable hardship upon material put into process during the base uses set forth on, List B attached, nor him, or that it would result in a degree in the manufacture of any item which period and (b) the total amount of ma­ of unemployment which would be un­ terial contained in a completed item or is being produced: reasonably disproportionate compared article multiplied by the number of such (1) Under a contract, subcontract or with the amount of lead or lead base al­ items or articles completed during the purchase order for the Army or Navy of loy conserved, or that compliance with base period. Each restriction must be the United States, the United States this order would disrupt or impair a applied separately.) Maritime Commission, the War Shipping program of conversion from non-defense (vii) “Base period” means either (a) work to defense work, may appeal to the the 3rd quarter of 1941, or (b) the 4th Administration, the Panama Canal, the War Production Board, Ref.: M-38-c, on Coast and Geodetic Survey, the Coast quarter of 1941, at the election of the such forms as may be prescribed, setting manufacturer: Provided, That a single Guard, the Civil Aeronautics Authority, forth the pertinent facts and the reasons he considers he is entitled to relief. The method of computation shall be used the National Advisory Commission for throughout the calendar year. Aeronautics, the Office of Scientific Re­ Director General for Operations may thereupon take such action as he deems (viii) “Put into process” means the search and Development or for any for­ appropriate. first change by a manufacturer in the eign country pursuant to the Act of (3) Applicability of order. The pro­ form of material from that form in which March 11, 1941, entitled “An Act to Pro­ hibitions and restrictions contained in it is received by him. mote the Defense of the United States,” this order shall apply to the use of ma­ Issued this 2d day of February 1943, (Lend-Lease Act) if in any such case the terial in all articles hereafter manufac­ Curtis E. Calder, use of lead~or lead base alloy to the ex­ tured irrespective of whether such ar­ Director General for Operations. ticles are manufactured pursuant to a tent employed is required by the* speci­ contract made prior or subsequent to List A o f Order M -38-c fications (including performance specifi- January 10, 1942 or pursuant to a con­ The use of lead or lead base alloy, in the cations) of the applicable contract, sub­ tract supported by a preference rating. items listed below and in all component contract or purchase order; or Insofar, as any other order of the Di­ parts thereof is prohibited except to the ex­ rector General for Operations may have tent permitted by the foregoing conservation (2) To comply with underwriters reg­ order, and except to the extent that the use ulations, or safety regulations issued the effect of limiting or curtailing to a greater extent than herein provided, of solder may be required in the assembly of under Governmental authority, provided the use of lead or lead base alloy in the two or more component parts of such items. that the pertinent provisions of such production of any article, the limitations Automobile body solder regulations were, in either case, in effect of such other order shall be observed. Ballast, keels for pleasure boats FEDERAL REGISTER, Wednesday, February 3, 1943 1443 Building supplies (except as permitted in Lead arsenate for agricultural Insecticides agave fiber in the production of cordage, latest War Housing Critical List): and fungicides twine or any other product. doors r Solder flashings, over 2 y2 lbs. per sq. ft. hard X-ray equipment and supplies (4) “Processing” means any use of lead or 4 lbs. per sq. ft. soft lead Pigments and driers agave fiber for the manufacture of any gutters article or commodity into which agave leaders [P. R. Doc. 43-1733; Piled, February 2, 1943; fiber goes or of which it becomes a part. ornamental work 11:11 a. m.] (5) “Dealer” means any person who puttyless frames procures agave cordage or agave twine roofing P art 1072—S ole Leather for storage or for sale, and includes sell­ safety treads ing agents and other commercially rec­ sash weights [Supplementary Order M-80-g] sheets under flooring except those not ognized agents acting for their own ac­ over 2% lbs. per sq. ft. hard lead or 4 § 1072.8 Supplementary Order count or for others, whether or not lbs. per sq. ft. soft lead for water M-80-g. Pursuant to paragraph (b) acquiring title to such agave cordage or proofing (1) of Order M-80 as amended to Au­ agave twine, but shall not include any shower pans, over 2 y2 lbs. per sq. ft. gust 5, 1942, which this order supple­ person who imports agave cordage, or hard lead or 4 lbs. per sq. ft. soft lead agave twine. sky lights and windows ments, each person tanning sole leather spandrels for his own account or causing sole (6) “Wrapping twine” nieans twine, stair-treads leather to be tanned for his account by including lath yarns (ply and yarn goods) Buttons, costume jewelry, novelties, and others shall set aside during the period as included in National Bureau of Stand­ trophies from February 1, 1943, to February 28, ards Simplified Practice Recommenda­ Caskets and casket hardware except name 1943, inclusive, at least 25% of the quan­ tion R 92-38, and any other twine suit­ plates manufactured from secondary tity of manufacturers bends produced able for the same purposes for which antimonial lead weighing not more than those twines described in said Simplified 14 ounces by him for his own account, or produced Foil (except as specified on List B) for his account by others, during that Practice Recommendation R 92-38 are , Glass for ornamental purposes period. The weight and quality of said used, which contains agave fiber, but Begalia, badges, emblems portion set aside shall be proportionately shall not include binder twine. Statuary and art goods equal, as nearly as can be, to those of (7) “Binder twine” or “binding twine” Tennis court markers the manufacturers bends not so set means a single yarn twine, manufactured Toys aside. of agave fiber, of the type customarily Weights for: heretofore manufactured, and sold in bats Issued this 2d day of February 1943. clocks lengths measuring 500, 525, 550, 600, 630 decoys Curtis E. Calder, or 650 feet to the pound, witTi a plus or dresses Director General for Operations. minus tolerance of 5 per centum, con­ golf clubs taining a lubricant of not less than 10 jockey’s saddle [P. R. Doc. 43-1735; Piled, February 2, 1943; 11:11 a. m.] per centum of the total weight of the List B o f Order M -38-c twinfe and an insect repellent, and which is put up in balls of approximately 5 or The items listed below and parts thereof are excepted from the prohibitions and re­ P art 1090—Agave Fiber, Agave P roducts 8 pounds each, is suitable for use with a strictions contained in paragraphs (a) and and Certain Other Cordage harvesting machine, and is used in the harvesting of agricultural products. (b) of the foregoing Conservation Order [General Preference Order M-84, as Amended M-38-c, but only to the extent indicated (8) “Inventory” with respect to any below and only to the extent that the use Peb. 2, 1943] person shall include all of any agave of any less scarce material is impractical. The fulfillment of requirements for product held or controlled by such per­ Anodes and cathodes in electroplating the defense of the United States has son at all warehouses, plants or places of processes Baths for the heat treatment of steel created a shortage in the supply of agave storage, but shall not include any of Bearings, bushings, and thrust washers fiber, agave products and certain other such product while actually in transit or Building supplies as follows: cordage for defense, for private account actually in use. bends and for export; and the following order (9) “Supply” means the average calking lead is deemed necessary and appropriate in monthly amount of any agave product closet floor flanges (hard lead only) the public interest and to promote the withdrawn from inventory which has flashings up to and including 2y2 lbs. per national defense: been resold or put into actual use. sq. ft. hard lead or 4 lbs. per sq. ft. a i In the three calendar months pre­ soft lead § 1090.1 General Preference Order ceding the calendar month for which pipe M-84—(a) Definitions. For “the pur­ sheets 2 y2 lbs. per sq. ft. and under hard poses of this order: simply is being^calculated; or, lead or 4 lbs. per sq. ft. and under (ii) In the three calendar months of soft lead for water proofing (1) “Agave fiber” means agave fiber the previous year which immediately fol­ shower pans 2 y2 lbs. per sq. ft. and under of the species of agave sisalana, agave lowed the calendar month of that year hard lead or 4 lbs. per sq. ft. and under fourcroydes, and agave cantala, of all corresponding to the said calendar month soft lead grades and qualities including tow, waste for which supply is being calculated; traps (but not including processor’s mill Fire fighting and other protective equip­ waste) and fiber under 20*' in length, whichever of the two shall be the higher. ment where and to the extent lead or commonly known in the trade as sisal, (10) “Basic monthly poundage” with lead base alloy is essential to the proper henequen, cantala, and maguey, and functioning of the parts. respect to any cordage processor for any Foil for: sometimes preceded by an adjective des­ month shall be the average number of babbitt for the preparation of industrial ignating the country or district of origin. pounds per month of both Manila and metallic packing (2) “Agave cordage” means cables and agave cordage sold by such processor condensers ropes 3/16" in diameter and larger, during the period from January 1, 1939, dental uses cordage or twines of any diameter used electrotyping to December 31, 1941, minus 37% of in the manufacture of any wire rope, such person’s Manila fiber-basic monthly moulding lead twines used for fishing nets, and tarred packaging cheese, yeast, dehydrated hy­ marlines for use in manufacturing wire poundage calculated as required by Gen­ droscopic foods and medicinal and rope and for marine uses, in which agave eral Preference Order M-36: Provided, pharmaceutical products That any cordage processor keeping his wrapping lead sheathed cable fiber either alone or in combination with Gaskets other material is used, but does not in­ books on a weekly basis may calculate his Glass for optical and scientific purposes clude agave cordage sold or delivered for basic monthly poundage from the fifty- Identification and instruction plates of its scrap value. two week period of the 1939 calendar secondary antimonial lead for industrial (3) “Processor” means any person who year and adjust any other calculations machinery and equipment spins, twists, weaves or otherwise uses or quotas under this order. 1444 FEDERAL REGISTER, Wednesday, February 3, 1943

(11) “Import” means to transport in pressly permitted below. The quotas Army or Navy of the United States, the any manner into the continental United hereinbelow established shall include United States Maritime Commission, or States from any foreign country or from processing for delivery to or for the ac­ the War Shipping Administration or its any territory or possession of the United count of, or for physical incorporation operating or general agents, in which States, including the Philippine Islands. into material or equipment to be deliv­ case tow, waste, and fibers less than It includes shipments into a free port, ered to or for the account of, the Army twenty inches in length may be used. free zone or bonded custody of the United or Navy of the United States, the United (iv) Reinforced paper, tape and plas­ States Bureau of Customs (bonded ware­ States Maritime Commission, or the War tics. Processors manufacturing rein­ house) in the continental United States Shipping Administration or its operating forced paper, tape and plastics may use and shipments in bond into the continen­ or general agents. agave fibers except Java sisalana and tal United States for transshipment to (i) Wrapping twine. Processors mayJava cantala, but only in an amount not Canada, Mexico or any other foreign use agave fiber for the manufacture of in excess of 50% of the fiber content of country. wrapping twine in an amount in any their average monthly sales of such (b) Restrictions on sales and deliveries month not in excess of the percentage products for the twelve months ended of agave fiber. No person shall sell, or for such month, of his average monthly June 30, 1942. deliver, or make or accept delivery of sales for the calendar year 1941 described (v) Agave cordage. Processors manu­ agave fiber of any grade or quality; ex­ below: facturing agave cordage shall not put cept that purchases, sales and deliveries Percent into process in any of the periods listed of agave fiber may be made: February, 1942______100 below an amount of agave fiber in excess March, 1942______1______70 (1) By and to Defense Supplies Cor­ April, 1942...... 65 of the amounts hereinafter specified for poration; May, 1942______65 such period: (2) By and to persons importing or June, 1942...... 57y2 Periods: Amounts of agave liber otherwise handling agave fiber in ac­ July, 1942______50 July 1,1942, through cordance with written instructions from August, 1942______40 December 31, 1942__. 12.2 times basic Defense Supplies Corporation: Provided, September, 1942______20 monthly poundage That such agave fiber is to be delivered, October, 1942, and each month there­ Each calendar quar­ either processed or unprocessed, directly after______s.______0 terly period in 1943. 5.3 times basic or through one or more other persons Provided, however, That this restriction monthly poundage to Defense Supplies Corporation. shall not apply to wrapping twine com­ Provided, That the amount of agave (3) By and to importers, dealers, job­ monly known as baler twine for use in fiber which may be put into process for bers, or processors, pursuant to contracts machines harvesting agricultural prod­ this purpose by any cordage processor entered into on or before February 20, ucts (except straw to be used in straw- in any such period shall be: 1942, but only of agave fiber in the board manufacture) other than ma­ (a) Diminished by the amount of any amounts specified in such contracts on or chines using binder twine: Provided, fur­ additional Manila fiber which may be before the said date, or by any amend­ ther, That no processor may use agave put into process by such cordage proc­ ments or supplements thereto on or be­ fiber for the manufacture of baler twine essor during such period pursuant to fore August 5, 1942: Provided, however, during the calendar year 1943 in an any exceptions or additional authoriza­ That purchases, sales and deliveries amount in excess of 110% of his sales of tions issued by the Director General for under general requirements contracts or baler twine during the calendar year Operations pursuant to General Prefer­ contracts to take all, or a specified per­ 1942 minus his inventory of baler twine ence Order M-36. centage of a production may continue on hand at the close of business on De­ (b) [Revoked January 4, 1943.1 to be made until December 31,1942: And cember 31,-1942: Provided, further, That (c) [Revoked January 4, 1943.1 provided further, That all agave fiber, any person purchasing any such baler (2) A person may process agave fiber except bagasse waste, imported on or twine from a processor shall endorse on, in the manufacture of a product not after October 31, 1942, under any con­ or attach to, his purchase order or de­ specified in paragraph (c) (1), for deliv­ tract mentioned in this subparagraph (3) livery receipt therefor, a certificate ery to or for the account of, or for shall, within twenty-four hours after its signed by such person, or his duly author­ physical incorporation into material or arrival, be reported to the War Produc­ ized representative, in substantially the equipment to be delivered to or for the tion Board, except such agave fiber which following form: Account of, the Army or Navy of the shall have been offered for sale to the The undersigned hereby represents to the United States, the United States Mari­ Defense Supplies Corporation, and such seller and the War Production Board that the time Commission or the War Shipping reported agave fiber shall not be used» or baler twine covered by this certificate will be Administration or its operating or gen­ disposed of except as specifically au­ either resold or used by the undersigned dur­ eral agents. thorized by the Director General for ing the current harvest season for use in (3) The prohibitions of paragraph (c) Operations. machines harvesting agricultural products (1) shall not apply to the manufacture of (except straw to be used in strawboard manu­ wrapping twine, binder twine, agave (4) By and to importers, dealers, job­ facture) other than machines using binder bers, or processors of agave fiber which twine in accordance with paragraph (c) (1) cordage, reinforced paper, tape, or plas­ has been rejected by Defense Supplies (i) of General Preference Order M-84. tics from tow, waste, or fiber under Corporation as unfit for its use. twenty inches in length. (5) By and to importers, dealers, job­ And, provided further, That no person (4) The Director General for Opera­ bers or processors of tow, waste, bagasse shall put into process after April 13,1942 tions may, whenever supplies of agave flume or fiber less than twenty inches any java agave sisalana for the manu­ fiber on hand in the United States war­ in length : Provided, That such fiber was facture of wrapping twine, or after rant, increase the amounts of agave fiber on hand in the United States on Febru­ August 5, 1942 any Java agave cantala which may be entered into process for ary 20, 1942, or was, or is thereafter im­ for this purpose. the manufacture of agave cordage or ported pursuant to this paragraph (b). (il) Binder twine. Processors may for such other products as in the judg­ (6) By processors to processors, use agave fiber in the manufacture of ment of the Director General for Opera­ whether directly or through one or more binder twine: Provided, That no grade of tions may be necessary to promote the other persons, of agave fiber which was the following kinds of agave fiber may national defense and in the public on hand in the United States on or be­ be used for this purpose: Java cantala interest. fore August 5, 1942, or which is there­ (d) Restrictions on purchases, sales after imported pursuant to this para­ or African, Haitian, Java or Madagascar and deliveries of agave cordage and graph (b). sisalana. wrapping twine. (1) No dealer shall (c) Restrictions on the processing of (iii) Padding or stuffing. Processors order, purchase or accept deliveries of agave fiber. (1) Except as provided in manufacturing padding or stuffing may any agave cordage which will result in paragraphs (c) (2), (3) and (4), no per­ use for that purpose only bagasse waste, such dealer having in inventory an son shall process any agave fiber in the except on orders to be delivered to or for amount thereof in excess of one month’s manufacture of any product except the the account of, or to be physically incor­ supply. • products specified below, and then only porated into material or equipment to be (2) No person (other than a dealer, an from the fibers and in the amounts ex­ delivered to or for the account of, the importer, a wire rope manufacturer, the FEDERAL REGISTER, Wednesday, February 3, 1943 1445 Army or Navy of the United States, the (f) Use to fill any purchase order car­ July, 1942______65 United States Maritime Commission, the rying a preference rating of A -l-a or August, 1942______40 Panama Canal or the War Shipping Ad­ higher for the construction, maintenance September, 1942, and each month ministration or its operating or general or repair of any machinery equipment thereafter______20 agents) shall order or accept delivery of or structure, including public utility (e) Importation. The importation of any agave cordage which will result in power lines and communications systems agave yam, fabric, twine, cordage and such person having in inventory an and shipyards, hulls and vessels; other agave products shall be made In amount thereof in excess of one month’s (<7) Use as grapnel cable; supply; and no such person shall have (h) Use on elevators as governor rope, conformity with the provisions of Gen­ outstanding at any one time orders for hawser laid, %" through 1" in diameter; eral Imports Order M-63, as amended future deliveries of agave cordage in ex­ (i) Use as lifeboat falls; from time to time. cess of one month’s supply for such (?) Use as drop hammer rope on pur­ (f) Restrictions on purchases, sales, person. chase orders carrying a preference rating and use of binder twine. No person shall (3) No importer shall, during the pe­ of A -l-a or higher; hereafter sell, purchase, deliver, accept riod from August 5, 1942 to October 31, (iii) Class Three: Agave cordage useddelivery of or use any binder twine ex­ 1942, sell or deliver in any calendar in the manufacture of wire rope. Use in cept for the growing or harvesting of month agave cordage in excess of his the manufacture of component parts of agricultural products or for sewing up average monthly sales of Manila and wire rope: Provided, however, That, on bags containing such products, and any agave cordage in the calendar years and after December 14, 1942, such agave person purchasing any binder twine 1939-1941, or in any calendar month cordage shall be processed only in sizes shall endorse on, or attach to his pur­ after October 31, 1942, sell or deliver of of an inch in diameter or larger, chase order or delivery receipt therefor, agave cordage, other than agave cordage that lesser sizes on hand or, in process on a statement signed by-such person, or; sold or delivered to the Army or Navy of said date may be sold or delivered for this on his behalf by a duly authorized indi­ the United States, the United States use, and that lesser sizes may be proc­ vidual, a certificate in substantially the Maritime Commission, the Panama essed, sold or delivered for galvanized or following form: Canal, the War Shipping Administra­ other corrosion resistant wire rope of tion or its operating or general agents, in The undersigned hereby represents to the sizes 6 x 12, 6 x 24, 6 x 37, or of spring- seller and the War Production Board that excess of one-third of his average lay construction for use by any person the binder twine covered by this certificate monthly sales of Manila and agave cord­ specified in paragraph (d) (4) (i), but will be either resold or used by the under­ age in the calendar years 1939-1941. only to the extent that the normal speci­ signed for the growing or harvesting of agri­ (4) On and after September 26, 1942, fications of such person, or a futurie cultural products or for sewing up bags no processor shall process agave fiber directive of any department or agency containing such products and is not in excess for cordage or sell or deliver any agave specified in said paragraph, require such of his requirements for the current harvest cordage except for filling contracts or season, as provided in General Preference use. Order M-84. purchase orders therefor, for the follow­ (5) Each purchaser (other than the ing categories of uses: departments or agencies specified in (g) Preference to agave cordage proc­ (i) Class One: Agave cordage other paragraph (d) (4) (i)) of agave cordage essors for cotton, istle or jute yarns. than that used in manufacture of wire (excluding agave cordage in any dealer’s (1) Subject to the provisions contained rope, (a) Use for delivery to or for the inventory shipped to such dealer on or below in this paragraph (g) and not­ account of the Army or Navy of the before September 25,1942) shall furnish withstanding the provisions of any other United States, the United States Mari­ his seller a certificate as a condition to conservation order, preference rating time Commission, the Panama Canal or receiving said cordage, and no person A-2 is hereby assigned to any processor the War Shipping Administration or its shall sell or deliver any such agave cord­ of agave cordage during the year 1942 operating or general agents; age to such purchaser without obtaining to obtain delivery of cotton, istle or jute (b) Use upon any contract or order a certificate, signed by such purchaser or yarns for processing by him into cordage. placed by any department or agency of his duly authorized representative, in (2) The preference rating assigned by the United States Government for deliv­ substantially the following form: paragraph, (g) (1) shall be applied and ery of agave cordage to or for the ac­ extended in accordance with Priorities count of the Government of any country The undersigned hereby represents to the seller and the War Production Board that the Regulation No. 3, as amended from time pursuant to the Act of March 11, 1941, agave cordage covered by this certificate will to time. entitled “An Act to promote the Defense be used or sold only for the following uses (3) During the period January 1 of the United States’’ (Lend-Lease Act). through February 28, 1943, no processor (c) Use for physicál incorporation into (fill in) of agave cordage during the year 1942 material or equipment (excluding grom­ authorized in paragraph (d) (4) of General shall apply the rating assigned by para­ mets and ammunition box handles) to be Preference Order M-84, with the terms of graph (g) (1) to obtain delivery of any delivered under an order on hand to or which the undersigned is familiar. istle or jute yarns for such purpose in for the acpount of any of the depart­ excess of an equivalent, for each yarn, ments or agencies specified in the fore­ ' (6) On and after January 1, 1943, no of his basic monthly poundage, as estab­ going inferior subdivisions (o) and (b) processor shall put into process in any lished under pqjragraph (a) (10), and of paragraph (d) (4) (i). calendar month any agave fiber for the of one-half times said poundage for cot­ (ii) . Class Two: Agave cordage otherpurpose of filling purchase orders for ton yarns. Any such processor desiring than that used in the manufacture of Class Two cordage uses, as specified in additional quantities of any of said wire rope, (a) Commercial or other gov­ paragraph (d) (4) (ii), in excess of 20% yarns may apply to the War Production ernmental marine, towage or lighterage of his basic monthly poundage, as estab­ Board therefor on Form PD-1A or other uses, provided the cordage for such uses lished under paragraph (a) (10). applicable form prescribed. (excluding wheel rope for steering ves­ . (4) Each processor of agave cordage sels) shall be one inch or moré in diam­ (7) [Revoked January 4, 1943.] eter; (8) On and after December 15, 1942, during the year 1942 shall furnish his seller a certificate as a condition to re­ (b) Pishing uses for commercial fish notwithstanding the provisions of para­ graphs (d) (4) and (d) (5), any person ceiving any cotton, istle or jute yarns markets or canneries; for processing by him into cordage, and (c) Use as catlines, spinning lines, bull- may purchase, sell or deliver any agave no person shall sell or deliver any cotton, ropes and drilling cables in the operation lariat rope in process or in inventory on istle or jute yarns to such processor for or drilling of oil or gas wells; or before September 25, 1942. such purpose without obtaining a cer­ (d) Use as drilling cables or scaling (9) No importer shall sell or deliver in tificate, signed by such processor or his ropes in mines or quarries or in drilling water wells; any month listed below any wrapping duly authorized representative, in sub­ stantially the following form: (e) Power transmission uses where an twine, imported or domestic, in excess endless rope is used in transmitting con­ of the following percentages of his aver­ The undersigned hereby represents to the age monthly sales thereof during the seller and the War Production Board that he tinuous mechanical power between driver processed agave cordage during 1942 and that and driven grooved pulleys; calendar year 1941: the cotton, istle or jute yarns covered by No. 23----- 3 1446 FEDERAL REGISTER, Wednesday, February 3, 1943 this certificate will be processed by the un­ therewith would work an exceptional and (3) “Distributor” means any person dersigned into cordage and is not in excess unreasonable hardship upon him, or that who purchases ascorbic acid solely for of the stock authorized under paragraph (g) it would result in a degree of unemploy­ the purpose of resale without further of General Preference Order M-84. ment which would be unreasonably dis­ processing and without changing the (h) Control and allocations of stocks proportionate compared with the amount form thereof. of agave fiber and agave cordage. (1) of agave fiber conserved, or that com­ (4) “Allocation month” means the Control is hereby taken of the disposi­ pliance with this order would disrupt period beginning on the 15th day of a tion and use of agave fiber and agave or impair a program of conversion from calendar month and continuing through cordage possessed by or under the con­ non-defense to defense work, may appeal the 14th day of the calendar month fol­ trol of any importer, dealer or processor. to the War Production Board by letter lowing. The allocation month of Janu­ Any agave fiber or agave cordage at any or telegram, Reference M-84, setting ary, for example, shall mean the period time hereafter in the inventory of any forth the pertinent facts and the reason beginning January 15. such person shall be sold and delivered he considers he is entitled to relief. The (b) Restrictions on deliveries and use. by such person as, and if, specifically Director General for Operations may (1) Subject to paragraph (c) hereof, on directed in any order of the Director thereupon take such action as he deems and after December 15,1942 no producer General for Operations which may be appropriate. or distributor shall deliver or use ascorbic issued whenever the Director General (l) Communications. All reports re­ acid, and no person shall accept delivery for Operations shall determine that a quired to be filed hereunder, and all com­ of ascorbic acid, except as specifically shortage of any particular grade of agave munications concerning this order, shall, authorized or directed by the Director fiber or agave cordage for defense, or unless otherwise directed, be addressed General for Operations. for private account, or for export, renders to: War Production Board, Textile, (2) Authorizations or directions with it necessary or appropriate so to allo­ Clothing and Leather Division, Washing­ respect to deliveries to be made or ac­ cate such agave fiber or agave cordage ton, D. C., Reference M-84. cepted in each allocation month will so in the public interest, or to promote the (m) Applicability of priorities regula­ far as practicable be issued by the Direc­ national defense by so directing its sale tions. This order and all transactions tor General for Operations prior to the and delivery by such person. Any such affected thereby are subject to all ap­ commencement of such allocation sale shall be made at the established plicable provisions of the priorities regu­ month, but the Director General for prices and terms of sale and payment lations of the War Production Board, Operations may at any time at his dis­ therefor and shall take precedence over as amended from time to time. cretion and notwithstanding the pro­ any preference rated orders. No person (n) Violations. Any person who wil­ visions of paragraph (c) hereof, ' issue shall dispose of or use agave fiber or fully violates any provision of this order, directions with respect to deliveries to agave cordage in any manner inconsist­ or who, in connection with this order, be made or accepted. He may also at ent with any such order. wilfully conceals a material fact or fur­ any time issue directions with respect to (2) Applications for specific authority nishes false information to any depart­ the use or uses which may or may not be to purchase, receive or use agave fiber or ment or agency of the United States, is made of material to be delivered or then agave products otherwise than as per­ guilty of a crime, and upon conviction on hand. mitted by paragraphs (b), (c), (d) or (e) may be punished by fine or imprison­ (3) Each person specifically author­ may be made to the Director General for ment. In addition, any such person may ized to accept delivery of ascorbic acid Operations by the person desiring to use be prohibited from making or obtaining shall use such material for the purpose such agave fiber or agave cordage on further deliveries of, or from processing authorized, and only for such purpose, form PD-709 or such other form or or using, material under priority control except as otherwise specifically directed forms as may be prescribed. Any such and may be deprived of priorities assist­ by the Director General for Operations, application shall, among other things, ance. or as provided in paragraph (b) (4) set forth a statement of the technical Issued this 2d day of February 1943. hereof. necessity for the use of agave fiber or (4) Ascorbic acid allocated for inven­ Curtis E. Calder, tory shall not be used except as speci- agave cordage in the manner and to the Director General for Operations. extent that application therefor is made. cally directed by the Director General for Such application shall also summarize [F. R. Doc. 43-1734; Filed, February 2, 1943; Operations. Ascorbic acid allocated to the efforts made by the applicant to use 11:11 a. m.] fill a specified order or class of orders substitutes and shall contain a statement shall, where and to the extent that such of the reasons why the applicant believes order or class of orders is subsequently the use of agave fiber or agave cordage, cancelled, revert to inventory. in the manner and the extent that appli­ P art 3151—Ascorbic Acid (c) Exceptions to requirement for au­ cation therefor is made, will promote [General Preference Order M-269 as Amended thorization. Specific authorization of the national defense or will be in the Feb. 2, 1943] the Director General for Operations shall public interest. The fulfillment of requirements for the not be required for: (i) jReports. Every importer of agave defense of the United States has created (1) Acceptance of delivery by any per­ fiber shall file a report on Form PD-129 a shortage in the supply of ascorbic acid son in any one allocation month of five and every processor of agave fiber shall for defense, for private account and for ounces or less of ascorbic acid in the file a report on form PD-128 with the export; and the following order is aggregate; provided that such person U. S. Tariff Commission, acting for the deemed necessary and appropriate in the has not been specifically authorized or War Production Board, not later than directed by the Director General for public interest and to promote the na­ Operations to accept delivery of any the tenth day of the following month, tional defense: and all persons affected by this order quantity of such material during such shall file with the War Production Board § 3151.1 General Preference Order month; such reports as may from time to time, M-269—(a) Definitions. (1) “Ascorbic (2) The delivery by any producer or be required by said Board. acid” means ascorbic acid (cevitamic distributor to any person who shall cer­ (j) Records. All persons affected by acid or vitamin C) in crude or refined tify to him in writing that he is entitled this order shall keep and preserve for form. The term shall include any chem­ pursuant to paragraph (c) (1) hereof to not less than two (2) years accurate and ical compound of ascorbic acid but shall accept delivery; complete records concerning inventories, not include standard dosage forms (tab­ (3) The use by any producer in any production, sales and other transactions lets, capsules, ampoules, solutions, etc.), allocation month of five ounces or less pursuant to this order, and shall from combinations in food or beverages, or of ascorbic acid in the aggregate. time to time, upon request, submit all ascorbic acid of natural origin. (4) Delivery of ascorbic acid to, or ac­ records required to be kept by this order (2) “Producer” means any person en­ ceptance of delivery of ascorbic acid by, to audit and inspection by duly au­ gaged in the production or processing of a person for incorporation into standard thorized representatives of the War ascorbic acid, and includes any person dosage forms, where the person making Production Board. Vho imports ascorbic acid or has ascorbic delivery has previously received such as­ (k) Appeal. Any person affected by acid produced for him pursuant to toll this order who considers that compliance agreement. corbic acid pursuant to specific authori- FEDERAL REGISTER, Wednesday, February 3, 1943 1447 zation of the Director General for Oper­ (ii) Prepare four copies and forward duction Board, Chemicals Division, ations and retains title to such ascorbic three to the War Production Board, Washington, D. C. Ref.: M-269. acid and to the product made therefrom. Chemicals Division, Washington, D. C., Issued this 2d day of February 1943. Ref : M-269, the fourth to be retained by (d) Applications and reports. (1) Curtis E. Calder, the producer or distributor. Director General for Operations. Each person seeking authorization to (iii) Producers who have filed appli­ accept delivery of-(and each producer or cation on Form PD-600 specifying them­ [F. R. Doc. 43-1736; Filed, February 2, 1943; distributor seeking authorization to use) selves as their suppliers, shall list their 11:11 a. m.] ascorbic acid during any allocation own names as customers on Form PD- month, beginning, with the allocation 601 and shall list their request for alloca­ month which commences January 15, tion in the manner prescribed for other • P art 3160—W oodworking Machinery 1943, whether for his own consumption customers. and Light Machine Tools or resale, shall file application therefor (iv) In the heading, under name of on or before the 1st day of the calendar chemical specify “ascorbic acid”; under [General Limitation Order L-237] month in which such allocation month WPB Order No., specify “M-269”; under The fulfillment of requirements for the begins. Where delivery or use is to be name of company, state name and mail­ defense of the United States has created in the allocation month commencing De­ ing address; under unit of measure spec­ a shortage in the supply for defense, for cember 15, 1942, such application shall ify ounces; and state the allocation private account, and for export, of light be filed as many days as possible in ad­ month and year during which deliveries power driven tools and materials enter­ vance of the requested acceptance of de­ covered by your application are to be ing into the production thereof; and the livery or use. In any case, such applica­ made. following order is deemed necessary and tion shall be made on Form PD-600, in (v) In Columns 3 and 8, specify grades appropriate in the public interest and the manner prescribed therein, subject as stated in • customer’s Form PD-600. to promote the national defense: to the following special instructions: (vi) The producer or distributor may, (1) Copies of Form PD-6QC may be ob­ if he wishes, leave Column 5 blank. § 3160.1 General Limitation Order tained at local field offices of the War (vii) Names of customers to whom L-237—(a) 'Definitions. For the pur­ Production Board. small order deliveries are to be made pose of this order: (ii) Five copies shall be prepared, of during the next allocation month pur­ (1) “Person” means any individual, which one shall be forwarded to the suant to paragraph (c) of this order partnership, association, business trust, supplier, three to the War Production need not be listed, but insert in Column corporation, or any organized group of Board, Chemicals Division, Washington, 1 “Total small order deliveries (esti­ persons, whether incorporated or not. D. C., Ref. : M-269, and the fifth retained mated) ”, and in Column 4, state the esti­ (2) “Producer” means any person en­ for applicant’s file. mated quantity. gaged in the production, manufacture, (iii) In the heading, under name of (viii) If it is necessary to use more or assembly of light power driven tools. chemical, specify “ascorbic acid”; under than one sheet to list customers, number (3) “Supplier” means any person WPB Order No., specify “M-269”; under each sheet in order and show grand (other than a producer) whose business unit ofmeasurè, specify ounces; under totals for all sheets on the last sheet, consists in whole or in part of the sale, name of your company, specify name and which is the only one that need be certi­ distribution, or transfer from stock or mailing address; and specify the alloca­ fied. inventory of light power driven tools; tion month and year for which authori­ (3) The Director General for Opera­“supplier” includes wholesalers, distrib­ zation for acceptance of delivery is tions may require each person affected by utors, jobbers, dealers, retailers, branch sought. this order to file such other reports as warehouses or other distribution outlets (iv) In Columns 1, 11 and 19, specify may be prescribed, and may issue special controlled by producers and other per­ quality; for example, USP, crude, cal­ directions to any such person with re­ sons performing a similar function. cium ascorbate. spect to preparing and filing Forms PD- (4) “Light power driven tool” means (v) In Column 3, specify the exact 600 and PD-601. any new power driven tool .listed on product in the manufacture or prepara­ (e) Notificdtion of customers. Ea.f>h Schedule A hereof, as amended from time tion of which you will use ascorbic acid supplier shall notify his regular cus­ to time, irrespective of the use for which or in which you will incorporate ascorbic tomers as soon as possible of the require­ it is designed, or the use to which it may acid. Retailers ordering ascorbic acid ments of this order, but failure to re­ be put, whether for the working of for resale (as ascorbic acid), will specify ceive such notice shall not excuse any metals, wood or any other substance, “Resale at retail”. If purchase is for person from complying with the terms which power driven tool had a producer’s inventory, state “inventory”. hereof. list price on October 15, 1942, of $350 (vi) In Column 4, specify in each case (f) Miscellaneous provisions—(1) Ap­ or less; exclusive, however, of floor fin­ (including case where your purchase is plicability of priorities regulations. This ishing, floor maintenance and floor sand­ for “resale”) ultimate use to be made order and all transactions affected here­ ing machines as defined in General Lim­ of product (as, for example, “medicinal”, by are subject to all applicable pro­ itation Order L-222 and exclusive of “beverage”, “food fortification”), and portable tools. also specify in each case whether your visions of War Production Board priori­ (5) “Portable tool” means any light customer is Army, Navy, other govern­ ties regulations, as amended from time power driven tool which in the course ment agency, Lend-Lease or commercial to time. of normal use is lifted, held and operated customer. (2) Violations. Any person who wil­ by not more than two persons. (2) Each producer or distributor seek­ fully violates any provision of this order, (6) “Producer’s list price” means the ing authorization to make delivery of or who, in connection with this order, sale price at which the producer’s cat­ ascorbic aciçl during any allocation wilfully conceals a material fact or alog or other price publication listed the month, beginning with the month com­ furnishes false information to any de­ light power driven tool, exclusive of the mencing January 15, 1943, shall file ap­ partment or agency of the United States motor, motor drive, or any attachments plication on or before the 5th day of the is'guilty of a crime, and*upon conviction therefor: Provided, however, That where calendar month in which such allocation may be punished by fine or imprison­ the motor, motor drive, or any attach­ month begins. Application for authori­ ment. In addition, any such person may ments are initially built into the basic zation to deliver in the allocation month be prohibited from making or obtaining tool itself, as an integral part thereof, beginning December 15, 1942, shall be further deliveries of, or from processing then in such case “producer’s list price” made as many days as possible in ad­ shall mean the sale price at which the vance of the requested delivery. In any or using, material under priority control producer listed the light power driven case, such application shall be made on and may be deprived of priorities as­ tool as an assembled unit. Form PD-601 in the manner prescribed sistance. (b) Restrictions. (1) No producer therein, subject to the following special (3) Communications to War Produc­ shall manufacture, fabricate, assemble, instructions: tion Board. All reports required to be or produce any light power driven tools, (i) Copies of Form PD-601 may be ob­ filed hereunder, and all communications the addition of which to his inventory tained at local field offices of the War concerning this order, shall, unless other­ would increase that inventory beyond Production Board. wise directed, be addressed to; War Pro­ the smallest quantity or number of light 1448 FEDERAL REGISTER, Wednesday, February 3, 1943 power driven tools which will satisfy nishes false information to any depart­ by producers of textile fibers, leather anticipated deliveries on existing or an­ ment or agency of the United States, is and textile and leather products in the ticipated orders bearing preference rat­ guilty of a crime, and upon conviction public interest and to promote the war ings of A -l-a or higher for a period of may be punished by fine or imprison­ effort, preference ratings are assigned 60 days in advance, but in no case shall ment. In addition, any such person to deliveries to such producers upon the such quantity exceed 16% percent of may be prohibited from making or ob­ following terms: total 1941 sales by dollar volume of such taining further deliveries of, or from § 3164.1 Preference Rating Order products. processing or using material under pri­ P-139—(a) Definitions. For the pur­ (2) No producer or supplier shall sell, orities control and may be deprived of poses of this order: transfer or deliver to any person any priorities assistance. (1) “Producer” means any person en­ light power driven tool except on orders (g) Reports. All producers and sup­ gaged in the business of producing, fin­ bearing a preference rating of A -l-a or pliers affected by this order shall execute ishing, or processing incident to pro­ higher; Provided, however, That the and file with the War Production Board duction for the war effort (including provisions of this paragraph (b) (2) such reports and questionnaires as the necessary civilian purposes) any of the shall not apply to the sale, transfer or War Production Board shall from time following: delivery of any light power driven tool to time prescribe. (1) Textile fibers, whether vegetable, by one supplier to another supplier. (h) Appeals. Any appeal from the animal, natural or synthetic. (3) No person shall purchase, acquire provisions of this order shall be made by (ii) Textile products made from the or accept delivery of any light power filing a letter in triplicate, referring to above fibers. driven tool by the application of any the particular provision appealed from (iii) Clothing. preference rating assigned on Form and stating fully the grounds of the (iv) Hides and leather. PDl-25A or PD-25F, nor shall any person appeal. (v) Leather products. fill any such order which he knows or (i) Communications. All reports to (2) “Product” means any commodity has reason to believe bears a preference be filed, appeals and other communica­ listed in paragraphs (a) (1) (i) to (a) rating assigned on PD-25A or PD-25F; tions, concerning this order, should be (1) (v) inclusive. Provided, however, That the'provisions addressed to: War Production Board, (3) “Maintenance, repair and operat­ of this paragraph (b) (3) shall not apply Tools Division, Washington, D. C., Ref: ing supplies” means any commodity, to any light power driven tool which had L-237. equipment, accessory, part, assembly or a producer’s list price on October 15, Issued this 2d day of February 1943. product required for: 1942, of $35 or less. (i) Keeping the machinery, plant or (4) No supplier shall accept delivery Curtis E. Calder, Director General for Operations. equipment of a producer in sound work­ of any light power driven tool which will ing condition. increase his inventory of that size and S ch ed u le A (ii) Restoring machinery, plant or type tool (irrespective of manufacturing Baud saw machines * equipment of a producer which has been make) beyond five in number; and no Arbor saws—all types rendered unfit for practical service by producer or supplier shall deliver or Single spindle drill presses—bench and wear and tear or other damage. cause to be delivered to any supplier any floor types (iii) Production of any commodity light power driven tool which the de­ Multiple spindle drill presses—bench and floor types listed in paragraphs (a) (1) (i) to (a) livering producer or supplier knows or (1) (v) inclusive, including all materials has reason to believe will increase the Radial drills Shapers required for packaging or shipping ex­ receiving supplier’s inventory of that size Vertical spindle shapers cept wooden and fibreboard shipping and type tool (irrespective of manufac­ Milling machines—bench and floor types containers and textile packaging and turing make) beyond five in number. Motor grinders—bench and floor types shipping products. (5) The prohibitions and restrictions (excluding valve refacers) imposed by this order on sales, trans­ Carbide tool grinders—bench and floor (4) “Maintenance, repair and operat­ fers and deliveries shall apply not only types ing supplies” shall not include any of the to sales, transfers, or deliveries from one Disc (disk) grinding and finishing ma­ following: person to another person, including af­ chines (i) Machinery (exclusive of repair Surface grinders and maintenance parts). filiates and subsidiaries, but shall also Abrasive belt finishing machines (ii) Material physically incorporated apply to sales, transfers, or deliveries Cutoff machines—all types (including into a product. from one branch, division, or section of a radial) (iii) Automotive equipment or parts. single enterprise to another branch, di­ Hack saw machines vision, or section of the same or any Lathes—all types (including polishing) (iv) Any material, parts or supplies other enterprise under common owner­ Flexible shaft machines for improving, adding to, expanding or ship or control; and the delivery and in­ Arbor presses—all types rebuilding plant or equipment or for ventory restrictions of paragraph 0.50 19.75 ment and under the authority vested in 296...... • 77.00 82.00* 15.00 * *«* • the Price Administrator by the Emer­ 296.5 79.00 83.00 10.50 12.50 7.00 10.00 U 0Û 0.50 17.25 gency Price Control Act of 1942, as * * ■ -• * * • * à * * amended, and Executive Order No. 9250, 299...... 77.00 82.00 9.00 11.00 9.00 11.00 0.15 0.75 0.00 0.25 16.50 It is hereby ordered, That: * • - * • • § 1305.61 Purchases of domestically Table IV—Yellow Group produced strategic or critical materials by the Metals Reserve Company, (a) • • • •• •• ** , * Notwithstanding the provisions of any 407.5...... 90.00 95.00 0.00 0.20 0.00 0.50 Balance 0.00 0.75 13.25 price « regulation, sales or deliveries of ** •* ♦ •• ** * • any domestically produced strategic or 409...... any 61.00 0.00 0.20 ' 1.50 2.00 Balance 0.00 »0.40 12.25 critical materials to the Metals Reserve J Exclusive of eine. ♦Copies may be obtained from the Office of 2 Including; tin. Price Administration. * • * * * • * 1450 FEDERAL REGISTER, Wednesday, February 3, 1943 (c) Maximum prices for sales or de­ 1309.164a. Effective dates of amend­ delivery, obtained permission from the liveries in carload lots of brass or bronze ments. * * * Office of Price Administration, in accord­ alloy ingot not included in paragraph (c) Amendment No. 2 (§ 1309.165 (b) ance with subdivision (ii) below, to omit (b). (1) The maximum price for any and (c) ) shall become effective on Feb­ the performance of certain specified grade of brass or bronze alloy ingot, ruary 1, 1943. maintenance operations, and the auto­ other than a grade for which a maxi­ (Pub. Laws 421 and 729, 77th Cong.; E.O. mobile has received all the other mainté- mum price is established in paragraph 9250, 7 F.R. 7871) nance operations set forth in Appen­ (b) of this section, shall be a price in dix B. line with the prices established by para­ Issued this 1st day of February 1943. (ii) In order to obtain permission to graph (b), shall be approved by the Ad­ P rentiss M. B rown, omit the performance of certain specified ministrator, and when once approved Administrator. maintenance operations, the seller shall shall be the maximum price for all sub­ file a report with the nearest Regional [F. R. Doc. 43-1688; Filed, February 1, 1943; Office of the Office of Price Administra­ sequent sales of such ingot by the seller 12:14 p. m.] to whom such price approval is given, tion setting forth: (a) the specific main­ unless the Administrator thereafter spe­ tenance operations which have not cifically withdraws such approval. On and/or will not be performed, and a and after February 1, 1943, sales of any detailed statement of the reasons there­ P art 1360—Motor Vehicles and Motor for; (b) a statement that the automobile such ingot at the most recent price ap­ Vehicle Equipment proved by the Administrator prior to is not and will not be damaged by the February t, 1943 but subsequent to Au­ [RPS 85,1 Amendment 8} non-performance of such specified main­ tenance operations, and that the auto­ gust 19, 1942, may be made at such ap­ NEW PASSENGER AUTOMOBILES proved price unless and until such price mobile is and will remain in a condition approval is specifically withdrawn by the A statement of the considerations in­ substantially equal to its condition when Administrator. volved in the issuance of this Amend­ newly manufactured; and (c) a state- (2) Pending approval by the Admin­ ment has been issued simultaneously mènt that the automobile has received istrator, any person may sell or deliver, herewith and filed with the Division of and will continue to receive until the and any person may buy or receive, any the Federal Register.* date of sale all the other maintenance such ingot at the price submitted for ap­ In § 1360.51, paragraph (c) is amend­ operations set forth in Appendix B. If proval, and any person may offer to do ed; in § 1360.52, paragraph (d) is the Regional Office of the Office of Price any of the foregoing. If, however, the amended, and paragraph (e) is amend­ Administration shall approve such re­ Administrator disapproves the price sub­ ed; a new § 1360.52b is added; in port, or shall fail to disapprove such re­ mitted, the contract price shall be re­ § 1360.59 new paragraphs (j) and (k) port within fifteen days after receiving vised downward to the maximum price are added; a new § 1360.63, Appendix C: it, the seller may omit the performance which the Administrator shall approve, Standard delivery operations, is added, of the maintenance operations specified and if any payment has been made at all as set forth below: in such report. (4) The automobile has not* received a price higher than that so approved, the § 1360.51 Maximum wholesale prices seller shall refund the excess: Provided, on and after October 31, 1942 all the for new automobiles. * * * maintenance operations set forth in Ap­ however, That the price submitted by (c) To the maximum price may be the seller for approval shall be deemed pendix B, but the following circum­ added an amount equal to 1% of the list stances prevail: to be approved unless the Administrator price of the automobile, or $15, which­ specifically disapproves such price and (1) On or before March 15, 1943 the ever is lower, for each calendar month automobile shall have been transferred, establishes an approved maximum price or greater part thereof after January 31, within fifteen days from the date on by voluntary or involuntary action, to 1942 which elapses prior to the sale of the United States, or any agency thereof, which the report required in paragraph the automobile by the manufacturer, (c) (3) of this section is received by the or the manufacturer, or a lien holder, distributor, exporter, or other person (in this subparagraph called “the trans­ Office of Price Administration or, if fur­ selling at wholesale: Provided, That no ther information is requested from the feree”), and amount whatsoever under this para­ (ii) (1) Within thirty days after the seller within such fifteen-day period, graph (c) shall'be added to the maxi­ then within fifteen days from the date on transfer to the transferee, the automo­ mum wholesale price unless the auto­ bile shall have been reconditioned by the which all such information is received mobile sold shall have received while in by the Office of Price Administration. transferee, and shall thereafter until the storage maintenance operations as set date of sale receive all the maintenance (3) On and after February 1, 1943, the forth in subparagraphs (1), (2), (3), or seller of any such ingot, unless the sell­ operations set forth in Appendix B, or (4) of this paragraph (c), and the seller (2) Within thirty days after the er had previously sold or delivered brass at the time of delivery shall execute or bronze alloy ingot of such alloy con­ transfer to the transferee, the automo­ and deliver to the purchaser and to the bile shall have been sold to the manu­ tent at a price approved by the Adminis­ Office of Price Administration the cer­ trator subsequent to August 19, 1942, facturer, or a distributor, exporter, or re­ tification set forth in j 1360.52b. tail dealer (other than the person who shall (i) report the first sale of such in­ (1) The automobile shall have re­ got made on or after February 1, 1943, failed to perform the maintenance op­ ceived, on and after October 31, 1942, all erations set forth in Appendix B) who to the Office of Price Administration, the maintenance operations set forth Washington, D. C., within five days from delivers a written statement to the in Appendix B. transferee that the automobile will be the date hereof, stating (a) the quantity (2) The automobile has not received, sold, (b) the alloy content, including reconditioned within .thirty days after on and after October 31, 1942, all the the sale to him and that it will receive, specific mention of any impunity limita­ maintenance operations set forth in Ap­ tions and physical specifications where on and after the date on which it is re­ pendix B, but the time for the perform­ conditioned until the date of sale, all the relevant, (c) the proposed price, in cai- ance thereof has been extended under load lots, and (ii) provide such other in­ maintenance operations set forth in Ap­ the provisions of Section 1360.52a to a pendix B. On any subsequent sale by formation concerning the manufacture certain date and the automobile shall or sale of such ingot, including the name such manufacturer, distributor, export­ have received on and after such date er, or retail dealer the automobile must of the buyer, as may be requested by the all the maintenance operations set forth Office of Price Administration in order have been reconditioned in accordance in Appendix B; with such written statement. to determine the proper maximum price (3) (i) The automobile has not re­ of such ingot. ceived on and after October 31, 1942 all § 1360.52 Maximum retail price for (4) Nothing contained in this para­ the maintenance operations set forth in new passenger automobiles. * * * graphic) shall be construed to prevent Appendix B, but the seller has, prior to (d) An allowance of 5% of (a) and the Administrator from adjusting any (c) above, or $75, whichever is lower: price previously approved pursuant to •Copies may be obtained from the Office of Provided, That (1) when deliver# is this paragraph (c) when-dn his judgment Price Administration. made after February 15, 1943, the auto­ such adjustment is warranted. »7 F.R. 1364, 1675, 2134, 2132, 6048, 6897, mobile shall have received the operations afe * * He He 7100, 7436, 7942, 8948, 9899. set forth in § 1360.63, Appendix C— FEDERAL REGISTER, Wednesday, February 3, 1943 1451

Standard pelivery Operations, as there­ B. If the Regional Office of the Office § 1360.59 Definitions. * * * in required, and at the time of delivery of Price Administration shall approve (j) "Lien holder” means any person the seller shall deliver to the purchaser such report, or shall fail to disapprove who has a lien or claim against a new a copy of Appendix C, and shall execute such report within fifteen days after re­ passenger automobile as security for a and deliver to the purchaser and to the ceiving it, the seller may omit the per­ loan, credit, or guaranty made by him. Office of Price Administration the certi­ formance of the maintenance operations (k) “Recondition” means inspecting, fication set forth in § 1360.52b (a) (2) ; specified in such report. repairing, and restoring an automobile (2) when delivery is made, on or before (4) The automobile has not received so that it is in a condition substantially February 15, 1943, the automobile shall on and after October 31, 1942 all the equal to its condition when newly manu­ have received, either the operations set maintenance operations set forth in Ap­ factured, forth in Appendix C, or all of the serv­ pendix B, but the following circum­ § 1360.60a Effective dates of amend­ ices customarily performed in order to stances prevail: ments. ~* * * prepare the automobile for delivery to (1) On or before March 15, 1943, the (h) Amendment No. 8 (§§ 1360.51, the purchaser and all of the factory rec­ automobile shall have been transferred, 1360.52, 1360.52b, 1360.59, and 1360.63) ommended get-ready and delivery oper­ by voluntary or involuntary action to the ations. United States, or any agency thereof, or to Revised Price Schedule No. 85 shall (e) An allowance equal to 1% of the the manufacturer, or a lien holder, (in become effective February 6, 1943. list price of the-automobile, or $15, this subparagraph called "the transfer­ § 1360.63 Appendix C: Standard de­ whichever is lower, for each calendar ee”), and livery operations—(a) General instruc­ month or greater part thereof, after (ii) (1) Within thirty days after the tions. The operations set forth in the January 31, 1942, which elapses prior to transfer to the transferee, the automo­ checklist below are identical with those the delivery of the automobile to the bile shall have been reconditioned by the established by Conservation Order M- purchaser: Provided, That no allowance transferee and thereafter sold by such 216-A issued by the War Production whatsoever under this paragraph (e) transferee at retail to a retail dealer Board. Before any vehicle is delivered shall be included in the maximum retail (other than the person who failed to into the hands of a buyer, it shall be proc­ price unless the automobile sold shall essed according to the provisions and in­ have received while in storage mainte­ perform the maintenance operations set structions contained in the following nance operations set forth in subpara­ forth in Appendix B ), or checklist. This checklist is purposely de­ graphs (1), (2), (3), or (4) of this para­ (2) Within thirty days after the trans­ tailed so as to discourage omissions of graph (e), and the seller shall at the fer to the transferee, the automobile shall necessary operations. The sequence of time of delivery execute and deliver to have been sold by the transferee to a re­ the items listed is based on the fact that the purchaser and to the Office of Price tail dealer (other than the person who serious damage may result if certain op­ Administration the certification set forth failed to perform the maintenance op­ erations are done out of turn. Accord­ in § 1360.52b. . erations set forth in Appendix B), and ingly, this list is arranged so that each (1) The automobile shall have re­ reconditioned by such retail dealer with­ operation is done only after the necessary ceived, on and after October 31, 1942, all in thirty days after the sale to him, and preparatory work has been completed. the maintenance operations set forth in (iii) The automobile shall have re­ The purpose of this checklist is to set Appendix B. ceived, on and after the date on which forth the step-by-step procedure for con­ (2) The automobile has not received ditioning every vehicle so that it will give it is reconditioned, until the date of sale, maximum service when put to use. The on and after October 31, 1942, all the all the maintenance operations set forth maintenance operations set forth in Ap­ procedure as outlined in the following pendix B, but the time for the perform­ in Appendix B. pages is intended to be used as a check­ ance thereof has been extended under § 1360.52b Form of certification. lis t. A responsible person should be the provisions of § 1360.52a to a certain (a) The certification required by charged with the duty of seeing that the date and the automobile shall have re­ §§ 1360.51 and 1360.52 shall be in the fol­ order of operations is followed strictly, ceived on and after such date all the lowing form: and that each item is checked only after maintenance operations set forth in Ap­ The undersigned hereby certifies' with re­ it is completed. Vehicles should be proc­ pendix B. spect to ______automobile bearing essed for delivery as near the storage (3) (i) The automobile has not re­ motor No. ______and/or serial No. location as practicable. In no case ceived on and after October 31, 1942 all should a vehicle be run under its own the maintenance operations set forth in (1) its to maintenance operations: That power until the conditioning work in the Appendix B, but the seller has, prior to all the requirements of Revised Price Sched­ checklist has been completed (through delivery, obtained permission from the ule No. 85—New Passenger Automobiles, is­ Item 13c) up to the preliminary road sued by the Office of Price Administration, test. Under no circumstances should a Office of Price Administration, in ac­ which condition the inclusion in the maxi­ cordance with subdivision (ii) below, to mum price of 1% of the list price, or $15, vehicle be towed until Standard Delivery omit the performance of certain specified for each month elapsing between January Operations No. 1 and No. 2 have been maintenance operations, and the auto­ 31, 1942 and the date of sale, have been fully performed upon it. mobile has received all the other main­ satisfied. (b) tenance operations set forth in Appen­ (2) As to delivery operations: Thqt all the dix B. standard delivery operations set forth in Ch e c k l is t o f O per a tio n P erform ed to P r e ­ Appendix C, of Revised Price Schedule No. pare t h e F o llo w in g Ve h ic l e for U se (i9~In order to obtain permission to 85—New Passenger Automobiles, have been Company------_-- Address______omit the performance of certain speci­ performed as therein required. (Insert name of seller) fied maintenance operations, the seller Make of vehicle______Body ty p e..____ shall file a report with the nearest Re­ (Date) Serial No______Engine No______gional Office of the Office of Price Ad­ Door & Ignit. Key No.______...______(Name) Deck & Glove Box Key No______ministration setting forth: (a) the spe­ Vehicle prepared for delivery by___ D ate.. cific maintenance operations which have (Address) (Insert name of mechanic or mechanics who not and/or will not be performed, and a have performed work) detailed statement of the reasons there­ Note: Unless a paragraph is stricken out, Approved by______Date__ _ for; (b) a statement that the automo­ this certification applies to both paragraphs. (Insert name of shop foreman) bile is not and will not be damaged by (b) The certification to the Office of 1. Tires, a. If tires are unmounted) in­ the non-performance of such specified Price Administration shall be filed, to­ spect the rims and remove all rust. Mount maintenance operations, and that the tires and inflate them to tire manufacturer’s automobile is and will remain in a con­ gether with report of sale required by recommended pressure. dition substantially equal to its condi­ Rationing Order No. 2A—New Passenger b. If tires are mounted, inflate them to tire tion when newly manufactured; and (c) Automobile Rationing Regulations, is­ manufacturer’s recommended pressure. sued by the Office of Price Administra­ 2. Brake System and Front Wheel Lubri­ a statement that the automobile has re­ cant. a. Remove all wheels and drums and ceived and will continue to receive until tion, with the War Price and Rationing thoroughly clean rust from all braking sur­ the date of sale all the other mainte­ Board designated in such rationing reg­ faces. Also examine anchor pins to make nance operations set forth in Appendix ulation to receive such report of sale. sure their bearings are free so that springs 1452 FEDERAL REGISTER, Wednesday, February 3, 1943 return shoes to released position. Do not e. Clean battery carrier, repainting if neces­ of above. Flush out all gear boxes in which work brake pedal with brake drums off. sary. Install securely a fully charged bat­ rust inhibitor was used during storage. Fill b. While front wheels are off, repack bear­ tery (spec. grav. of 1,280 or above at 60 de­ to correct level with new lubricant, ings with new lubricant if necessary. Re­ grees F; water level to %” above plates). b. While lubricating, inspect underside of place wheels. Tighten hub bolts and see Clean cables and connections, tighten, and chassis and body for loose or damaged parts, that hub covers are secure. coat terminals with vaseline or approved cor­ and make any necessary adjustments or re­ c. Check hydraulic master cylinder fluid rosion preventive. Test battery hook-up by placements. level, adding approved fluid if necessary. See turning on headlights (ammeter should show 12. Check, and if needed tighten the fol­ that filler cap vent is open. discharge). lowing items: d. Inspect brake system for leaks and re­ f. With ignition switch off and clutch dis­ b. All steering connections. pair any defects. engaged, crank the engine for 30 seconds with c. Front and rear sway eliminator or sta­ e. Work brake pedal several times to make starter in order to exercise reciprocating bilizer bolts. sure system is operating. 'Jack up each parts and bearings. While cranking engine, d. Body bolts. wheel (if blocks were removed) and apply listen carefully for indications of trouble. e. Front and rear bumper bolts. brakes. Check to see that they operate and Immediately investigate and remedy any f. Gas tank straps. then release fully so wheel can turn freely trouble (such as engine failing to turn over g. Shock absorber bolts. with no drag. or starter motor being stuck) before pro­ 13. Front end and wheels, a. Check front f. Check brake pedal-floor clearance jand ceeding further. wheel toe-in. adjust if necessary. g. Start engine (clutch disengaged) and b. Test steering adjustments and connec­ g. With respect to conditioning vacuum run at idle speed for five minutes. tions. Check amount of wheel turn to stop booster, electric, and compressed air brake h. Turn off engine. Drain flushing oil im­ on left and right. equipment, follow equipment manufacturer’s mediately from crankcase. c. Check steering wheel for correct amount recommendationls. i. If engine oil filter is sealed type, replace of play. Note. Remove outside body and window it with a new one. If it is replaceable ele­ 14. Preliminary road test coverings. Protect upholstery while condi­ ment type, clean out filter chamber and in­ tioning vehicle. If another location is re­ stall new element. Note. Before road test, remove any stick­ quired for remaining work, vehicle must not J. Fill crankcase to correct level with en­ ers that obstruct vision, and wash wind­ be run under its own power until ready for gine oil of proper SAE viscosity for tempera­ shield. preliminary road test. ture conditions under which vehicle will op­ Road test every vehicle by driving it at 3. Fuel System, a. Replace and tighten erate. Start engine and run at idle speed. least three miles and checking the opera­ gasoline tank drain plug. 9. While engine is running, check the fol­ tion of the following items: b. Clean fuel pump sediment bowl and lowing items for proper operation, making a. All gear positions, and operation of filter screen and reinstall. all necessary adjustments and repairs: gear shift lever. c. Check all fuel connections for tightness, a. All instruments (oil, gas, temperature, b. Accelerator. Including carburetor flange nuts or cap and ammeter). c. Service brakes. screws. b. Windshield wipers, with blades installed. d. Hand brake. d. Put gasoline in tank, adding y2 pint of c. Horn. e. All instruments; oil, gas, temperature, SAE-10 engine oil to each 5 gallons of gaso­ d. Every switch position of every light on ammeter, speedometer, and odometer. line. Replace filler cap, making sure vent is vehicle. f. Set spark advance or octane selector at free. e. Heater, climatizer, defroster. correct adjustment for economical perform­ e. Check accelerator, throttle, and choke f. Cigar lighter, radio, clock and other ac­ ance, idling, pick-up in each forward gear, linkages, idle and wide open positions. cessories. and ping in acceleration. f. Remove seal from air cleaner; check oil g. Automatic top on convertibles. g. Springs and shock absorbers. level in oil bath type and add oil if necessary. h. Charging rate, and voltage and current h. Locate squeaks, rattles, and unusual 4. Ignition System, a. Clean and adjust regulator. . noises. spark plugs. Leave them out so cylinders can i. Manifold heater valve. i. Special equipment such as overdrives, be lubricated later. j. Inspect all water hose connections, oil 2-speed axles, hill-holding devices, and trans­ b. See that distributor is in good condition; lines, oil filter, and fuel lines for leakage. missions other than conventional type. points in adjustment, distributor cap ancL k. Check and if necessary adjust valve tap­ j. Note any other items upon which work rotor contacts clean. pets according to vehicle manufacturer’s rec­ needs to be done. c. Lubricate cam and rocker bearing sur­ ommendations. 15. Return vehicle to shop and do the fol­ face. l. Automatic choke control. lowing operations: d. Clean wire connections and push wires m. Set engine idle speed according to man­ a. Check focus of headlights, and adjust firmly into their sockets in distributor and ufacturer’s instructions. . if necessary. coil. 10. After shutting off engine, perform the b. Do any work on clutch, service brakes 5. Valve compartment, a. Remove cover following operations: and hand brake for which road test showed and remove oil soaked rags if any. Before any sediment in coolant has time to need. b. Spray valve mechanism with suitable settle, make the following check of the cool­ c. Reinspect all water hose connections, oil light oil. Leave cover off for observation of ing system: lines, oil filter, and fuel lines for leakage. valve action later. a. If coolant carries little or no antifreeze, d. Clean fuel filters at carburetor and fuel 6. Seals, a. Remove seal from tail pipe completely drain entire cooling system, exam­ pump. opening. ining coolant for presence of rust or other e. Make necessary repairs or adjustments b. Remove seals from oil filler tube, crank­ foreign matter. of any other items which road test showed case breather tube, and any other opening. b. If coolant carries a considerable amount to need attention. Clean and replace covers. of anti-freeze, drain a quart from bottom f. Check all tire pressures again. If any 7. Clutch, a. Remove block used to keep of radiator. If liquid is clear, pour sample tire has lost air, replace valve core and pump clutch disengaged make sure there is correct into radiator. If dirty or rusty, completely up tire again. If it continues to lose air, amount of free pedal movement at top of drain entire cooling system. remove and test innertube, inspect casing travel. c. If coolant showed rusty and dirty, re­ for nails, remount and inflate to proper air 8. Preparing engine for service, a. Tight­ verse flush radiator and engine block to re­ pressure. Leave all valve cores and valve en all cooling system, heater hose, and de­ move sediment, using a combination water- caps air-tight. froster connections, replacing any defective air flushing nozzle. (Remove thermostats 16. Final Road Test. a. Make a second hose. If cooling system was stored full, add and water pump before flushing the block.) sufficient coolant to make up for evaporation. d. Fill cooling system (if not already done) road test, and further tests if necessary, to If cooling system was stored empty7 close with clean water and rust inhibitor, adding see that all items found unsatisfactory in drain cocks and replace drain plugs. Fill anti-freeze according to seasonal require­ first road test are operating satisfactorily. with clean water. Watch for leaks at hose ments. Watch for leaks at hose ends and b. Check for leaks under engine, transmis­ ends and pump and correct any that de­ pump, and correct any that develop. sion, and rear axle. velop. e. While engine is still hot, tighten cylin­ c. Clean and remove rust and dirt from b. Drain the oil from the crankcase. Drop der head nuts in recommended order. engine and its accessories and other chassis the oil pan. Thoroughly clean the pan and f. Tighten manifold studs. parts. Touch up with paint of appropriate the inside of crankcase. Replace pan and g. Tighten bolts at connection between ex­ color if originally painted. use new gasket. Fill crankcase with flushing haust manifold and pipe to muffler. 17. Body. a. Clean upholstery, carpets, h. Replace valve compartment cover. oil. and floor mats completely and repair any c. Pour 2 ounces of SAE-10 engine oil into i. Check all belt adjustments and replace each spark plug hole. Reinstall spark plugs, belts if necessary. damaged places. using new gaskets if necessary, and connect 11. Lubrication, a. Lubricate every fit­ b. Remove screening or plugs from holes wires properly. ting and check the lubricant level of every in floorboards or dash. d. Lubricate generator, starter, and water reservoir according to vehicle manufacturer’s c. Check and lubricate front seat adjust­ pump. lubrication chart, excepting those taken care ment. FEDERAL REGISTER, Wednesday, February 3, 1943 1453 d. Remove wax or grease from interior Sec. for the next twenty-five miles and a chrome, using solvent cleaner which will' not 1382.261 Relation to Revised Maximum Ex­ second $1.00 for the last ten miles. damage finish or upholstery. port Price Regulation. e. Check operation of all windows, vent- (b ) Reduction of maximum prices in panes, cowl ventilator, and sun-visors. Au t h o r it y : $§ 1382.251 to 1382.261, inclu­ certain cases. If the buyer takes delivery f. Check operation of glove compartment sive, issued under Pub. Laws 421 and 729, at some place other than on railroad lock and key. 77th Cong.; E.O. 9250, 7 F.R. 7871. cars, or at a place at which water ship­ g. Check operation of all doors, locks and § 1382.251 Sales of prime grade hard­ ment is to begin, or at his plant, the max­ keys, from inside and outside. wood logs at higher than maximum prices imum price must be reduced by the lower h. Check operation of trunk lid, lock and of the following: key. prohibited, (a) On and after February i. Check operation of hood and its lock. 6,1943, regardless of any contract or ob­ <1) The cost (per thousand feet log j. Check and clean tools and -arrange them ligation, no person shall sell or deliver, scale) to the buyer of trucking the logs in kit. and no person shall buy or receive in the to the closest rail siding and loading k. Re-cement any sponge rubber seal strips course of trade or business, any prime the logs on cars. which may be pulled loose, replacing any grade hardwood logs at prices higher (2) The cost (per thousand feet log which have deteriorated. than the maximum prices fixed by this scale) to the buyer of trucking the logs l. Clean windows and windshield inside regulation, and jio person shall agree, of­ to his plant. and outside and repair any defects. (c) Specifications of prime grade m. Inspect paint finish and repair or tyDuch fer or attempt to do any of these things. up any defects or damage. (b) Prices lower than the maximum hardwood logs. The specifications for n. Clean and polish vehicle body and prices may, of course, be charged or paid. prime grade hardwood logs are as fol­ chrome trim. (c) If prime grade hardwood logs have lows: (These specifications apply to all diameters 18 inches and over (all diam­ Note. Owner should drain engine crank­ been received before February 6,1943, by case at about 250 miles and refill to the full a carrier, other than one owned or con­ eters 14 inches and over in the case of mark with a good grade of engine oil of trolled by the seller, for shipment to a yellow poplar); and to all lengths be­ proper SAE viscosity for temperature condi­ buyer, that shipment is not subject to tween eight and sixteen feet, inclusive). tions under which vehicle will operate. this regulation. (1) Round and straight, suitable for slicing or rotary cutting. Truck Trailer Equipment. With respect to § 1382.252 To what products, trans­ truck trailer equipment, the following con­ (2) Surface clear, free from all visible ditioning operations must be performed: actions, and persons this regulation ap­ defects. Items Nos. 1 a, b; 2 a, b, d, g; 9 d; 11 a, b; plies—(a) Products and transactions (3> Straight-grained. 12 a, b, d; 14 c, g, h, j; 15 b, e, f; 16 a; and covered by the regulation. This regula­ (4) Heart well-centered, both ends. 17 g, m, n. tion covers all sales and purchases of (5) All log lengths to allow minimum yellow poplar (Liriodendron tulipifera), trim of 4 inches. (Pub/Laws 421, 729, 77th Cong,; E.O. sweet gum (Liquidambar styraciflua), 9250, 7F.R. 7871) (d) Maximum prices. The maximum and water tupelo (Nyssa equatica) logs prices for 1,000 feet log scale of prime Issued this 1st day of February 1943. which satisfy the specifications for prime grade hardwood logs are as follows: grade logs (set out in paragraph (c) of Prentiss M. B rown, § 1382.253). Price per Administrator. (b) Persons covered by the regulation. Diameters Lengths, 1,000 feet inclusive log scale [P. R. Doc. 43-1689; Filed, February 1, 1943; Any person who sells or purchases (in 12:13 p.m.] the course of trade or business) prime 28" and u p ...... 14' to 16*___ $105.00 grade hardwood logs is subject to this 28" and up______8' to 13' 95.00 regulation. The term “person” includes: 24" to 27 "...... 8' to 16' 85.00 an individual, corporation, partnership, 20" to 23"...... 8' to 16' 65.00 18" and 19"______8' t o 16' 50.00 Part 1382—Hardwood Lumber association, or Any other organized group 14" to 17"« 8' to 16' 40.00 of persons, or their legal successors, or [MPR 313] representatives; the United States, or any ‘ Yellow poplar only. PRIME GRADE HARDWOOD LOGS government, or any of its political sub­ divisions; or any agency of the fore­ § 1382.254 Marking the grade and In the judgment of the Price Admin­ going. scale on prime grade logs. Logs can­ istrator, the maximum prices established not be sold or purchased as “prime by this regulation are and will be gen­ § 1382.253 Maximum prices for prime grade” logs unless they are individually erally fair and equitable and will ef­ grade hardwood logs—(a) Explanation grade and scale marked by either the fectuate the purposes of the Emergency of maximum prices. The maximum buyer or seller or both. This means Price Control Act of 1942, as amended, prices for prime grade hardwood logs are that to be considered as prime grade, and Executive Order No. 9250. A state­ set out in paragraph (c) of this section. logs must not only meet thè specification ment of the considerations involved in These maximum prices are for logs: for the prime grade, but they must be the issuance of this regulation has been (1) Loaded on railroad cars at any rail individually marked to show they are issued simultaneously herewith and has siding; prime grade logs and to show the net been filed with the Division of the Fed­ (2) Delivered to a place at which water log scale footage content. It is unlaw­ eral Register.* shipment is to begin r ful to sell or buy a log as a prime grade SeC. (3) Delivered by truck to the buyer’s log if this has not been done. plant. 1382.251 Sales of prime grade hardwood logs § 1382.255 Scaling and grading rules. at higher than maximum prices This means that the seller cannot add (a) All of the maximum prices in this prohibited. to the maximum prices any charge for 1382.252 To what products, transactions, and regulation are based on footages figured persons this regulation applies. loading logs on rail cars, or for trucking under the Doyle rule. Logs covered by 1382.253 Maximum prices for prime grade logs to a rail siding, to a place at which this regulation must be scaled on the hardwood logs. water shipment is to begin, or to the Doyle rule. The basic rule is as follows: 1382.254 Marking the grade and scale on buyer’s plant. However, in any case, if To figure the log scale footage content of prime grade logs. . the seller trucks logs more than fifty 1382.255 Scaling and grading rules. a 16 foot log, take four inches off the diam­ 1382.256 What the invoice or billing must miles, he may add to the maximum prices eter and square what is left. a trucking charge of not more than $1.00 Logs of other lengths are figured in the contain. proportion in which the length relates to 1382.257 Use of invoices and billings as rec­ per thousand feet log scale for each 16 feet. ords and reports. twenty-five miles (or fraction of twenty- For example, the footage of a 14 foot log 1382.258 Prohibited practices.)* five miles) above fifty miles that the with a twenty inch minimum diameter is 1382.259 Applications for adjustment and pe­ to be figured as follows: titions for amendment. logs are trucked. For example, if the seller trucks logs eighty-fiye miles, he (Take 4 Inches off the diameter): 1382.260 Enforcement. 20-4= 16. cannot add to the maximum price for (Square what is left) : 16 X 16=256. ‘Copies may be obtained from the Office the first fifty miles of the haul, but he (The proportion in which the length re­ of Price Administration. can add $1.00 per thosuand feet log scale lates to 16 feet) : 1^X 256=224 feet log scale. No. 23— 4 1454 FEDERAL REGISTER, Wednesday, February 3, 1943

(b) In general, prime grade logs must case not later thah 60 days after delivery Regulation No. 1,* issued by the Office of be scaled and graded on the basis of the of the logs. Price Administration. condition in which they are shipped or Any other reports that the Office of delivered to the buyer. However, the Price Administration later requires must § 1382.260 Enforcement, (a) Per­ scaler may actually mark off defects, and be submitted. sons violating any provision of this reg­ dock the length measurement of the log, ulation are subject to the criminal pen­ to the following extent: § 1382.258 Prohibited practices—-(a) alties, civil enforcement actions, and (1) Length dockage may not exceed 25 General. Any practice which is a device suits for treble damages, provided for by percent of length on logs 10 feet and over. to get the effect of a higher-than-ceiling the Emergency Price Control Act of 1942. If there is length dockage, the log must be price without actually raising the dol- (b) Persons who have evidence of any scaled to a one foot multiple which does lars-and-cents price is as much a viola­ violation of this regulation or of any tion of this regulation as an outright other regulation or order issued by the not exceed the length of the log after over-ceiling price. This applies to de­ defects have been marked off. Dockage Office of Price Administration are urged vices making use of commissions, serv­ to communicate with the nearest field, for length can be taken only on the ends ices, transportation arrangements, pre­ of logs and the docked parts must be state, or regional office of the Office of miums, special privileges, tying-agree- Price Administration, or its principal completely scaled off. No length dock­ ments, trade understandings and. the age is permitted on Jogs shorter than 10 office in Washington, D. C. like. (c) War procurement agencies and feet. (b) Specific prohibited practices. The (2) No diameter dockage is permitted. their contracting or paying finance of­ following are among the specific practices ficers are not subject to any liability, (c) It is illegal to grade and scale a prohibited: single log by marking it for two logs. In civil or criminal, imposed by this regu­ (1) Up-grading, up-scaling or allowing lation. “War procurement agencies” in­ order to be graded and scaled as two logs, a greater net scale footage than the ac­ the single log must actually be cut into clude the War Department, the Navy tual scale content of the log. Department, the United States Maritime two logs. (2) Selling logs on a scale other than (d) For scaling purposes all logs cov­ Commission and the Lend-Lease Section Doyle rule. in the Procurement Division of the ered by this Regulation must be meas­ (3) Selling logs as “prime grade” ured inside the bark at the smallest Treasury Department, or any of their where the logs have» not been actually agencjgs. diameter. marked to show they are “prime grade.” § 1382.256 What the invoice or hilling (4) Charging a purchasing or selling § 1382.261 Relation to Revised Maxi­ must contain, (a) All invoices and bill­ commission based on quantity or value of mum Export Price Regulation. The ings of prime grade logs must contain a logs purchased, if the commission plus maximum price for export sales of hard­ sufficiently complete description of the the purchase price is higher than the wood logs is governed by the Revised logs covered to show whether price is maximum price permitted by this regu­ Maximum Export Price Regulation.3 proper or not. This means that the in­ lation. This regulation shall become effective voices and billings must show the species, (5) Increasing the price of logs by not February 6, 1943. - the grade, the diameter, the gross and making a good faith effort to collect ad­ Issued this 1st m y of February 1943. net length, and the net footage of each vances to loggers. An advance to a log­ P rentiss M. Brown, of the prime grade logs purchased or sold. ger is to be considered as part of the price Administrator. In addition, the invoices and billings of the logs to be supplied by the logger. must show to what place the seller deliv­ (c) Adjustable pricing. A price may [F. R. Doc. 43-1690; Filed, February 1, 1943; ered the logs, the date of sale, and the not be made adjustable to a maximum 12:14 p. m.] name and address of the buyer and seller. price which will be in effect sometime (b) Any part of the information re­ after delivery of the logs has been com­ quired on the invoice may be furnished in pleted. The price may be adjustable to Part 1499—Commodities and Services a tally sheet attached to and made part the maximum price in effect at the time of the invoice. of delivery. [Amendment 51 to Supp. Reg. 11 to GMPR5] (c) An invoice or billing may cover all § 1382.259 Applications for adjustment INDIAN AND ESKIMO HANDICRAFT OBJECTS prime grade logs delivered by the seller and petitions for amendment—(a) Gov­ A statement of the considerations in­ to a purchaser during a period of not ernment contracts. (1) The term “gov­ volved in the issuance of this amend­ more than two weeks. ernment contracts’’ is here used to in­ ment has been issued simultaneously (d) Either the buyer or seller may clude any contract with the United States herewith and filed with thé Division of prepare the invoice or billing, but both or any of its agencies, or with the gov­ the Federal Register.* have the responsibility for correct in­ ernment or any governmental agency of In § 1499.26 a new subparagraph (42) voicing or billing. any country whose defense the President is added to paragraph (a) to read as set (e) Failure to invoice properly is just deems vital to the defense of the United forth below: as much a violation of this regulation States under the terms of the Act of as charging an excessive price. March 1, 1941, entitled, “An Act to Pro­ § 1499.26 Exceptions for certain com­ modities and certain sales and deliveriès. § 1382.257 Use of invoices and hillings mote the Defense of the United States”. as records and reports—(a) Three copies It also includes any subcontract under (a) The General Maximum Price Regu­ this kind of contract. lation shall not apply to any sale or de­ of invoices and hillings required. All livery of the following commodities: invoices and billings must be made with (2) Any person who has made or in­ * # * * ♦ three copies. tends to make a “government contract” (b) Records. Each buyer and seller and who thinks that the maximum price (42) Indian and Eskimo handicraft must keep, as a record, one copy of all established in this regulation is imped­ objects which are produced by the man- invoices and billings covering prime ing or threatens to impede production of grade logs purchased or sold. These prime grade logs which is essential to * Copies may be obtained from the Office the war program and which is or will be of Price Administration. must be kept for two years, for inspection 8 7 F.R. 8961. by the Office of Price Administration. the subject of the contract, may file an 8 7 F.R. 5059, 7242, 8829, 9000, 10530. Any records which the Office of Price application for adjustment in accord­ * 7 F.R. 3158, 3488, 3892, 4183, 4410, 4428, ance with Procedural Regulation No. 6,1 4487, 4488, 4493, 4669, 5066, 5192, 5276, 5366, Administration later requires must also issued by the Office of Price Administra­ 5484, 5607, 5717, 5942, 6082, 6473, 6685, 7011, be kept. tion. 7250, 7317, 7598, 7604, 7739, 8336, 8652, 8798, (c) Reports. One copy of each in­ (b) Petitions for amendment. Any 8930, 8833, 9082, 9131, 9616, 9622, 9975, 9976, voice or billing covering the purchase of person seeking an amendment of any 10022, 10718, -10557, 11118; 8 F.R. 130, 265, 927. prime grade logs must be filed by the 5 7 F.R. 3153, 3330,-3666, 3990, 3991, 4339, provision of this regulation may file a 4487, 4659, 4738, 5027, 5276, 5192, 5365, 5445, buyer with the nearest regional or State petition for amendment in accordance 5565, 5484, 5775, 5784, 5783, 6058, 6081, 6007, office of the Office of Price Administra­ with the provisions of Revised Procedural 6216, 6615, 6794, 6939, 7093, 7322, 7454, 7758, tion. This report must be filed within 7913, 8431, 8881, 9004, 8942, 9435, 9615, 9616, 10 days of final settlement but in any 1 7 F.R. 5087, 5664. 9732, 10155, 10454; 8 F.R. 371. FEDERAL REGISTER, Wednesday, February 3, 1943 1455 ual skill and ability of American Indians, shall have executed and delivered to the transferee, and shall thereafter, until Alaskan Indians or Eskimos. purchaser and to the Office of Price Ad­ the date of any sale, have received the * * * * • ministration, Washington, D. C., the cer­ maintenance operations set forth in sub­ (e) Effective dates. * * * tification set forth in subdivision (v). division (ii), as therein required, or (52) Amendment No. 51 (§ 1499.26 (a) id) The new commercial motor ve­ (B) Within thirty days after the (42)) to Supplementary Regulation No. 1 hicle shall have received, on and after transfer to the transferee, the vehicle shall become effective February 6, 1943. October 31, 1942, the maintenance oper­ shall have been sold to the manufacturer, ations set forth in subdivision (ii), as or a distributor, exporter, or retail dealer (Pub. Laws 421 and 729, 77th Cong.; E.O. therein required. (other than the person who failed to per­ 9250, 7 F.R. 7871) (e) The new commercial motor vehi­ form the maintenance operations set Issued this 1st day of-February 1943. cle has not received, on and after Oc­ forth in subdivision (ii) ) who delivers tober 31, 1942, the maintenance opera­ < P rentiss M. B rown, a written statement to the transferee Administrator. tions set forth in subdivision (ii), as that the vehicle will be reconditioned therein required, but the time for the within thirty days after the sale to him, [F. R. Doc. 43-1697; Filed, February 1, 1943; performance thereof has been extended and that it will receive, on and after the 12:15 p. m.] under the provisions of subdivision (iii) date on which it is reconditioned, until to a certain date, and the new commer­ it is sold by such person, the mainte­ cial motor vehicle shall have received n an ce operations as set forth in sub­ Part 1499—Commodities and Services on and after such date, the maintenance division (ii), as therein required. On [Amendment 101 to Supp. Reg. 141 to operations set forth in subdivision (ii), any subsequent sale by such manufac­ GMPR2] as therein required. turer, distributor, exporter, or retail if) il) The new commercial motor dealer, the vehicle must have been re­ MODIFICATION OF MAXIMUM PRICES FOR vehicle has not received, on and after conditioned and maintained in accord­ CERTAIN COMMODITIES, SERVICES, AND October 31,1942, the maintenance opera­ ance with such written statement. TRANSACTIONS tions set forth in subdivision (ii), as * * * * * A statement of the considerations in­ therein required, but the seller has, prior (iv) Lower maximum prices in Stand­ volved in the issuance of this Amend­ to delivery, obtained permission from the ard Delivery Operations are not per­ ment has been issued simultaneously Office of Price Administration, in accord­ formed: herewith and filed with the Division of ance with subparagraph (2) below, to ia) The maximum price established the Federal Register.* omit the performance of certain specified by § 1499.2 applicable to the sale of any In § 1499.73 (a) (19) (i), inferior sub­ maintenance operations, and the new new commercial motor vehicle delivered division (c) is amended, and inferior commercial motor vehicle has received to the purchaser on and after February subdivisions (d), (e), if) and ig) are all the other maintenance operations set ' 15,1943, shall be reduced by five percent, added; in § 1499.73 (a) (19), subdivision forth In subdivision (ii), as therein unless il) the vehicle shall have received, (iv) is redesignated as subdivision (vi) ; required. prior to delivery, all the standard deliv­ and inferior subdivisions (e), and (/) are (2) In order to obtain permission to ery operations set forth in inferior sub­ added to said subdivision; and new sub­ omit the performance of certain speci­ division (b) below, and (2) the seller divisions (iv) and (v) are added, as set fied maintenance operations, the seller shall have delivered to the purchaser a forth below: shall file a report with the nearest copy of inferior subdivision ib) below, Regional Office of the Office of Price Ad­ and (3) the seller shall have, at the time § 1499.73 Modification of maximum ministration setting forth: (A) the spe­ prices established by § 1499.2 of General of delivery, executed and delivered tb cific maintenance operations which have the purchaser and to the Office of Price Maximum Price Regulation for certain not and/or will not be performed, and a commodities, services, and transactions. Administration, Washington, D. C., the detailed statement of the reasons there­ certification set forth in subdivision (v). (a) The maximum prices established by for; (B) a statement that the new com­ § 1499.2 of the General Maximum Price mercial motor vehicle is not and will not (b) Standard delivery operations—(1) Regulation for the commodities, services, be damaged by the non-performance of. General instructions. The operations and transactions listed below are modi­ such specified maintenance operations, set forth in the checklist below are iden­ fied as hereinafter provided. tical with those established by Conserva­ * ‘ * * * * and that the new commercial motor vehicle is and will remain in a condition tion Order M-216-A issued by the War (19) New commercial motor vehicles— substantially equal to its condition when Production Board. Before any vehicle (i) Maximum prices * * * newly manufactured; and (C) a state­ is delivered into the hands of a buyer, (c), * * * $15: ment that the new commercial motor it shall be processed according to the Provided, That no amount whatsoever vehicle has received, and will continue provisions and instructions contained in under inferior subdivisions (a), (b), or to receive until the date of sale all the the following checklist. This checklist (c) of this inferior subdivision (i) shall other maintenance operations set forth is purposely detailed so as to discourage be added to such maximum price unless in subdivision (ii). If the Regional omissions of necessary operations. The such new commercial motor vehicle shall Office of-'the Office of Price Administra­ sequence of the items listed is based on have received maintenance operations tion shall approve such report, or shall the fact that serious damage may result as set forth in inferior subdivisions id), fail to disapprove such report within if certain operations are done out of turn. (e), (f), dr (g) of this subdivision (i) fifteen days after receiving it, the seller Accordingly, this list is arranged so that and the seller, at the time of delivery, may omit the performance of the main­ each operation is done only after the tenance operations specified in such necessary preparatory work has been •Copies may be obtained from the Office of report. completed. The purpose of this check­ Price Administration. ig) The new commercial motor vehi­ list is to set forth the step-by-step pro­ *7 F.R. 5486, 57D9, 6008, 5911, 6271, 6369, cedure for conditioning every vehicle so 6477, 6473, 6774, 6775, 6793, 6887, 6892, 6776, cle has not received, on and after Octo­ ber 31,1942, the mainténance operations that it will give maximum service when 6939, 7011, 7012, 6965, 7250, 7289, 7203, 7365, put to use. The procedure as outlined 7401, 7453, 7400, 7510, 7536, 7604, 7538, 7511, set forth in subdivision (ii), as therein 7535, 7739, 7671, 7812, 7914, 7946, 8237, 8024, required, but the following circumstances in the following pages is intended to be 8199, 8351, 8358, 8524, 8652, 8707, 8881, 8899, prevail: used as a checklist. A responsible per­ 9082, 8950, 9131, 8953, 8954, 8955, 8959, 9043, il) On or before March 15, 1943, the son should be charged with the duty of 9196, 9397, 9391, 9495, 9496, 9637, 9786, 9900, vehicle shall have been transferred, by seeing that the order of operations is fol­ 9901, 10069, 10111, 10022, 10151, 10231, 10294, voluntary or involuntary action, to the lowed strictly, and that each item is 10346, 10381, 10480, 10537, 1055.7, 10583, 10705, checked only after it is completed. Ve­ 10865, 11005; 8 F.R. 276, 439, 535, 494, 589, 863, United States, or any agency thereof, or hicles should be processed for delivery 980, 1030, 876, 878. the manufacturer or a lien holder (in as near the storage location as practica­ 2 7 F.R. 8153-3330, 3666, 3990, 3991, 4339, this inferior subdivision called “the 4487, 4659, 4738, 5027, 5276, 5f92, 5365, 5445, ble. In no case should a vehicle be run 5565, 5484, 5775, 5784, 5783, 6058, 6081, 6007, transferee”), and under its own power until the condition­ 6216, 6615, 6939, 6794, 7093, 7322, 7454, 7758, (2) (A) Within thirty days after the ing work in the checklist has been com­ 7913, 8431, 8881, 9004, 8942, 9435, 9615, 9616, transfer to the transferee the vehicle pleted (through Item 13 c) up to the 9732, 10155, 10454; 8 F.R. 371. shall have been reconditioned by the preliminary road test. Under no cir- 1456 FEDERAL REGISTER, Wednesday, February 3, 1943 cumstances should a vehicle be towed b. Spray valve mechanism with suitable Before any sediment in coolant has time until Standard Delivery Operations No. light oil. Leave cover off for observation of to settle, make the following check of the valve action later. cooling system: 1 and No. 2 have been performed upon it. 6. Seals, a. Remove seal from tail pipe a. If coolant carries little or no antifreeze, Ch eck list o r Operations P erformed to P re­ opening. completely drain entire cooling system, ex­ pare t h e F ollowing Vehicle for Use b. Remove seals from oil filler tube, crank­ amining coolant for presence of rust or other case breather tube, and any other opening. foreign matter. Company------.------Clean and replace covers. b. If coolant carries a considerable amount (insert name of seUer) 7. Clutch, a. Remove block used to keep of anti-freeze, drain a quart from bottom of Address______clutch disengaged and make sure* there is radiator. If liquid is clear, pour sample into Make of vehicle______i ------correct amount of free pedal movement at radiator. If dirty or rusty, completely drain Body Type.______top of travel. entire cooling system. Serial N o .______8. Preparing engine for service, a. Tighten c. If coolant showed rusty and dirty, re­ Engine N o.______all cooling system, heater hose, and defroster verse flush radiator and engine block to re­ Body & Ignit. Key N o.______connections, replacing any defective hose. move sediment, using a combination water- Deck & Glove Box Key N o.------If cooling system was stored full, add suf­ air flushing nozzle. (Remove thermostats Vehicle prepared for delivery by: ficient coolant to make up for evaporation. and water pump before flushing the block.) (Insert name of mechanic or mechanics If cooling system was stored empty, close d. Fill cooling system (if not already done) who have performed work.) drain cocks and replace drain plugs. Fill with clean water and rust inhibitor, adding ______D ate______with clean water. Watch for leaks at hose anti-freeze according to seasonal require­ Approved by------L------— ends and pump and correct any that de­ ments. Watch for leaks at hose ends and (Insert name of Shop Foreman) velop. pump, and correct any that develop. Date__'______-—. b. Drain oil from the crankcase. Drop e. While engine is still hot, tighten cylin­ the oil pan. Thoroughly clean the pan and der head nuts in recommended order. 1. Tires, a. If tires are unmounted, in­ the inside of crankcase. Replace pan and f. Tighten manifold studs. spect the rims and remove all rust. Mount use new gasket. Fill crankcase with flushing g. Tighten bolts at connection between ex­ tires and inflate them to tire manufacturer’s oil. haust manifold and pipe to muffler. recommended pressure. c. Pour 2 ounces of SAE-10 engine oil into h. Replace valve compartment cover. b. If tires are mounted, inflate them to tire each spark plug hole. Reinstall spark plugs, i. Check all belt adjustments and replace manufacturer’s recommended pressure. using new gaskets if necessary, and connect belts if necessary. 2. Brake System and Front Wheel Lubri­ wires properly. 11. Lubrication, a. Lubricate every fitting cant. a. Remove all wheels and drums and d. Lubricate generator, starter, and water and check the lubricant level of eyery reser­ thoroughly clean rust from all braking sur­ pump. voir according to vehicle manufacturer’s lu­ faces. Also examine anchor pins to make e. Clean battery carrier, repainting if brication cliart, excepting those taken care sure their bearings are free so that springs necessary. Install securely a fully charged of above. Flush outfall gear boxes in which return shoes to released position. Do not battery (spec. grav. of 1.280 or above at 60 rust inhibitor was used during storage. Fill work brake pedal with brake drums off. degrees F; water level to- %” above to correct level with new lubricant. b. While front wheels are off, repack bear­ plates). Clean cables and connections, tight­ b. While lubricating, inspect underside of ings with new lubricant if necessary. Re­ en, and coat terminals with vaseline or ap­ chassis and body for loose or damaged parts, place wheels. Tighten hub bolts and see that proved corrosion preventive. Test battery and make any necessary adjustments or re­ hub covers are secure. hook-up by turning on headlights (am­ placements. c. Check hydraulic master cylinder fluid meter should show discharge). 12. Check, and if needed tighten the fol­ level, adding approved fluid if necessary. See f. With ignition switch off and clutch dis­ lowing items: that filler cap vent is open. engaged, crank the engine for 30 seconds a. Nuts on spring U-bolts. d. Inspect brake system for leaks and re­ with starter in order to exercise reciprocating b. All steering connections. pair any defects. parts and bearings. While cranking engine, c. Front and rear sway eliminator or sta­ e. Work brake pedal several times to make listen carefully for indications of trouble. bilizer bolts. %ure system is operating. Jack up each wheel Immediately investigate and remedy any d. Body bolts. (if blocks were removed) and apply brakes. trouble (such as engine failing to turn over e. Front and rear bumper bolts. Check to see that they operate and then re­ or starter motor being stuck) before pro­ f. Gas tank straps. lease fully so wheel can turn freely with np g. Shock absorber bolts. drag. ceeding further. f. Check brake pedal-floor clearance and g. Start engine (clutch disengaged) and 13. Front end and wheels, a. Check front adjust if necessary. run at idle speed for five minutes. wheel toe-in. g. With respect to conditioning vacuum h. Turn off engine. Drain flushing oil b. Test steering adjustments and connec­ booster, electric, and compressed air brake Immediately from crankcase. tions. Check amount of wheel turn to stop equipment, follow equipment manufactur­ i. If engine oil filter is sealed type, re­ on left and right. er’s recommendations. place it with a new one. If it is replaceable c. Check steering wheel for correct amount Note. Remove" outside body and window element type, clean out filter chamber and of play. coverings. Protect upholstery while condi­ install new element. 14. Preliminary road test. tioning vehicle. If another location is re­ J. Fill crankcase to correct level with en­ Note. Before road test, remove any stick­ quired for remaining work, vehicle must not gine oil of proper SAE viscosity for tem­ ers that obstruct vision, and wash windshield. be run under its own power until ready for perature conditions under which vehicle will Road test every vehicle by driving it at preliminary road test. operate. Start engine and run at idle speed. least three miles and checking the operation 3. Fuel System, a. Replace and tighten 9. While engine is running, check the fol­ of the following items: gasoline tank drain plug. lowing items for proper operation, making a. All gear positions, and operation of gear b. Clean fuel pump sediment bowl and all necessary adjustments and repairs: shift lever. filter screen and reinstall. a. All instruments (oil, gas, temperature b. Accelerator. c. Check all fuel connections for tightness, and ammeter). * c. Service brakes. Including carburetor flange nuts or cap b. Windshield wipers, with blades installed. d. Hand brake. screws. c. Horn. e. All instruments: oil, gas, temperature d. Put gasoline in tank, adding y2 pint of d. Every switch position of every light ammeter, speedometer, and odometer. SAE-10 engine oil to each 5 gallons of gaso­ on vehicle. f. Set spark advance or octane selector at line. Replace filler cap, making sure vent is e. Heater, climatizer, defroster. correct adjustment for economical per­ free. f . Cigar lighter, radio, clock, and other ac­ formance, idling, pick-up in each forward e. Check accelerator, throttle, and choke cessories. gear, and ping in acceleration. linkages, idle and wide-open positions. g. Automatic top on convertibles. g. Springs and shock absorbers. f. Remove seal from air cleaner; check oil h. Locate squeaks, i rattles, and unusual level in oil bath type and add oil if necessary. h. Charging rate, and voltage and current noises. 4. Ignition System, a. Clean and adjust regulator. i; Special equipment such as overdrives, 2- spark plugs. Leave them out so cylinders can i. Manifold heater valve. speed axles, hill-holding devices, and trans­ be lubricated later. j. Inspect all water hose connections, 9U missions other than conventional type. b. See that distributor is in good condi­ lines, oil filter, and fuel lines for leakage. j. Note any other items upon which work tion; points in adjustment, distributor cap k. Check and if necessary adjust valve needs to be done. and rotor contacts clean. tappets according to vehicle manufacturer’s 15. Return vehicle to shop and do the c. Lubricate cam and rocker bearing sur­ recommendations. following operations: face. l. Automatic choke control. a. Check focus of headlights, and adjust d. ' Clean wire connections and push wires m. Set engine idle speed according to man­ if necessary. * firmly into their sockets in distributor and b. Do any work on clutch, service brakes coil. ufacturer’s instructions. 5. Valve compartment, a. Remove cover 10. After shutting off engine, perform the and hand brake for which road test showed and remove oil soaked rags if any. following operations: need. FEDERAL^ REGISTER, Wednesday, February 3, 1943 1457 c. Reinspect all water hose connections, oil (vi) Definitions. * * * prices for all non-export sales and de­ lines, oil filter, and fuel lines for leakage. (e) “Lien holder” means any person liveries of milled rice per 100 pound bags d. Clean fuel filters at carburetor and fuel who has a lien or claim against a new or containers f. o. b. conveyance within pump. e. Make necessary repairs or adjustments commercial motor vehicle as security for a base point or within a mill point shall of any other items which road test showed to a loan, credit, or guaranty made by him. be as follows: need attention. (/) “Recondition” means inspecting, (1) Varieties: Maximu m price f. Check all tire pressures again. If any repairing, and restoring a new commer­ Rexoro______... ______$8.25 tire has lost air, replace valve core and pump cial motor vehicle so that it is in a con­ Nira______------8.25 up tire again. If it continues to lose air, dition substantially equal to its condition Fortuna______------. . . . 7. 50 remove and test innertube, inspect casing when newly manufactured. Edith______------7.00 for nails, remount and inflate to proper air * * * * * Calady______------6. 65 pressure. Leave all valve cores and valve Blue Rose____ , ------6.50 caps air-tight. (b) Effective dates. * * * American Pearl. ------6.50 16. Final Road Test. a. Make a second road (102) Amendment No. 101 (§ 1499.73 Lady Wright__ ------6.50 test, and further tests if necessary, to see (a) (19) (i), (iv), (v), and (vi)) to Sup­ Zenith______— ...... 6.25 that all items found unsatisfactory in first plementary Regulation No. 14 shall be­ Early Prolific... ------6.20 road test are operating satisfactorily. b. Check for leaks under engine, trans­ come effective February 6, 1943. The foregoing maximum prices for “vari­ mission, and rear axle. (Pub. Laws 421 and 729, 77th Cong.; E.O. eties” apply only to milled rice con­ c. Clean and remove rust and dirt from 9250, 7 F.R. 7871) taining not more than 4% of broken engine and its accessories and other chassis parts. Touch up with paint of appropriate Issued this 1st day of February 1943. kernels and not more than 1% of whole color if originally painted. kernels of a variety other than the pre­ Prentiss M. B rown, dominate variety. 17. Body. a. Clean upholstery, carpets, and Administrator. floor mats completely, and repair any dam­ (2) Broken rice classes: Maximum price aged places. [F. R. Doc. 43-1698; Filed, February 1* 1943; Second Head Rexoro, Nira and For­ b. Remove screening or plugs from holes in 12:13 p. m.] tuna------$6. 00 floorboards or dash. Other varieties______5.25 c. Check and lubricate front seat adjust­ Screening______4. 50 ment. . - Brewers______4 qo d Remove wax or grease from interior chrome, using solvent cleaner which will not Part 1340—F uel (3) The maximum price per 100 damage finish or upholstery. (Correction to Amendment 57 to RPS 88 *] pounds for any lot of milled rice contain­ e. Check operation of all windows, vent- ing more than 4% of broken kernels or pfines, cowl ventilator, and sun-visors. PETROLEUM AND PETROLEUM PRODUCTS f. Check operation of glove compartment more than 1% of whole kernels of a lock and key. The maximum price per barrel for variety other than the predominate va­ g. Check operation of all doors, locks and Wilmington, North Carolina in the table riety shall be computed by adding the keys, from inside and outside. in § 1340.159 (c) (6) (ii> is corrected to results obtained by multiplying the per­ h. Check operation of trunk lid, lock and read $1.60 instead of $1.65. centage of each variety and/or each key. broken rice class of milled rice forming i. Check operation of hood and its lock. § 1340.158a Effective dates of amend­ a part of the lot, as shown by the guar­ ]. Check and clean tools and arrange them ments. * * * in kit. antee, by the applicable maximum price k. Re-cement any sponge rubber seal strips (mmm) This correction (§ 1340.159 for each variety or broken rice class as which may be pulled loose, replacing any (c) (6) (ii) ) to Amendment No. 57 to above specified. which have deteriorated. Revised Price Schedule No. 88 shall be­ (4) Where the milled rice sold is l. Clean windows and windshield inside and come effective February 6, 1943. packed in 5 pound, 10 pound, 25 pound outside and repair any defects. (Pub. Daws 421 and 729, 77th Cong.; E.O. or 50 pound bags or containers, the ap­ m. Inspect paint finish and repair or touch plicable maximum price per 100 pounds up any defects or damage. 9250, 7 F JR. 7871) n. Clean and polish vehicle body and shall be increased by 50 cents, 35 cents, chrome trim. Issued this 1st day of February 1943. 15 cents^r 10 cents respectively. Note. Owner should drain engine crank­ P rentiss M. B rown, . (5) Where the milled rice sold has case at about 250 miles and refill to the full Administrator. been granulated, the applicable maxi­ mark with a good grade of engine oil of mum price shall be increased by 10 cents. proper SAE viscosity for temperature condi­ [F. R. Doc. 43-1711; Filed, February 1, 1943; (b) The maximum delivered price at tions under which vehicle will operate. 2:53 p. m.j any receiving point within a base point Truck Trailer Equipment. With respect to truck trailer equipment, the following or within a mill point shall be the ap­ conditioning operations must be performed: plicable maximum f. o. b. price above Items Nos. 1 a, b; 2 a, b, d, g; 9 d; 11 a, b; P art 1351—Food and F ood P roducts specified plus the customary local deliv­ 12 a, b, d; 14 c, g, h, j; 15 b, e, f; 16 a; and [MPR 150 as Amended,* Amendment 2] ery charges. The maximum delivered 17 g, m, n. price at any other receiving point shall MILLED RICE , (v) Form of certification. be the applicable maximum f. o. b. price A statement of the considerations in­ above specified plus the lowest transpor­ The undersigned hereby certifies, with re­ volved in the issuance of this amend­ tation charge for the shipment of an spect to' the ______new commercial identical quantity of milled rice from motor vehicle, bearing motor No. ______ment has been issued simultaneously and/or serial N o .______: herewith and filed with the Division of the applicable base point to said receiv­ (a) As to maintenance operations. That the Federal Register.* Section 1351.464 ing point. Where the shipment is by all the requirements of § 1499.73 (a) (19) of is amended and paragraph (c) of water said maximum delivered price may Supplementary Regulation No. 14 to the Gen­ § 1351.463 is added to Maximum Price be further increased by the addition of eral Maximum Price Regulation, which con­ Regulation No. 150, as amended, as set actual charges incurred by the seller for dition the addition to the maximum price of -forth below. war risk cargo insurance, surcharges, a percentage of the list price for each month and emergency charges necessarily inci­ elapsing between February 29, 1942 and the § 1351,464 Appendix A: Maximum dent to the transportation. date of sale, have been fully satisfied. prices for milled rice, (a) The maximum (b) As to Standard Delivery Operations. (c) For the purposes of this 'section That all the standard delivery operations set the following cities shall be base points: forth in § 1499.73 (a) (19) of Supplementary ♦Copies may be obtained from the Office of Crowley, Louisiana; El Campo, Texas; Regulation No. 14 to the General Maximum Price Administration. Stuttgart, Arkansas; Imperial, Califor­ Price Regulation have been performed. 17 F. R. 1107, 1371, 1798, 1799, 1886, 2132, nia; and San Francisco, California. A 2304, 2352, 2634, 2945, 3463, 3482, 3524, 2576, base point includes the incorporated area (Date) (Name) 3895, 3963, 4483, 4653, 4854, 4857, 5481, 5867, 5868, 5988, 5983, 6057, 6167, 6471, 6680, 7242, and the established railroad switching districts of that city. Crowley, Louisi­ (Address) 7838, 8433, 8478, 9120, 9134, 9335, 9425, 9460, 9620, 9621, 9817, 9820, 10684, 11069, 11112, ana, shall be the base point of and for Note: Unless a paragraph is stricken out, 11075; 8 F. R. 157, 232, 233, 857. all rice mills located in Louisiana. El this certification applies to both paragraphs. * 7 F.R. 6602, 7738. Campo, Texas, shall be the base point 1458 FEDERAL REGISTER, Wednesday, February 3, 1943 of and for all rice mills located in Texas. ment has been issued simultaneously bulk powdered skim milk for human Stuttgart, Arkansas, shall be the base herewith and has been filed with the consumption and bulk powdered butter­ point of and for all rice mills located in Division of the Federal Register.* Sec­ milk for human consumption, shall be Arkansas; Tennessee, and Missouri. tions 1351.1501 and 1351.1522 are hereby as follows: San Francisco shall be the base point of amended to read as set forth below: (1) By manufacturers to the United and for all rice mills located in Cali­ § 1351.1501 Products covered. This States Government or any agency there­ fornia except the rice mills located in Maximum Price Regulation No. 289 es­ of f. o. b. manufacturer’s plant, located: Imperial, California. Imperial, Cali­ tablishes the maximum prices at which fornia, shall be the base point of and for the following dairy products- referred all rice mills located at Imperial, Cali­ Spray Roller to below as “listed dairy products” may process process fornia. As used in paragraph (b) of this be sold and delivered. section, the phrase “lowest transporta­ tion charge for the shipment of an iden­ (a) Cheddar cheese and processed Cents per Cents per Cheddar cheese, 1b. lb. tical quantity of milled rice from the i (b) Butter. In Zone A______UH m applicable base point to said receiving In Zone B ___ .. ______UH m (c) Evaporated milk. In Zone C_..______IS 13 point’’ means the lowest transportation In Zone D ______15H 13 H charge to said receiving point from the (d) Bulk powdered skim milk and base point for that rice mill at which the bulk powdered buttermilk. rice in question was milled: Provided, § 1351.1522 Maximum prices of "bulk (2) By wholesalers for deliveries to That where the shipment in question is powdered skim milk for human con­ any consumer and by manufacturers billed as the receiving point from a dif­ sumption and bulk powdered buttermilk for deliveries to any consumer other ferent rice mill then the lowest trans­ for human consumption, (a) The max­ than the United States Government or portation charge to said receiving point imum prices for sales and deliveries of any agency thereof: from the base point for the last men­ tioned rice mill, if such transportation Spray process (cents per lb.) is lower. Roller process (cents per lb.) (d) For the purposes of this regula­ For deliveries in— 1 to 4 1 to 4 tion, a “mill point” shall include the in­ Carload 25 bbls. Sto 25 bbls. 25 bbls. 5 to 25 or more bbls. Carload or more bbls. bbls. corporated area and the established ind. incl. railroad switching districts of any city in which the rice mill in question is Zone A ...... 16 m 16^ ViH 14 UH UH located. Zone B ...... 15H 16Ji 16H 16J| 13?4 u h UH UH Zone C...... 16 16^ 16 % 17- 14 UH UH 15 (e) Whenever provision is made in Zone D ...... m WH 17 17H m u h 15 15H this regulation for the addition of trans­ portation charges in determining maxi­ mum prices hereunder and whenever (3) By manufacturers to wholesalers or “skim milk powder” means powdered any other reference is herein made to for “deliveries to wholesalers” the prices skim milk for human consumption as such charges the tax imposed by section named in subparagraph (2) immedi­ defined in the “Standards of Identity 620 of the Revenue Act of 1942 (Pub. ately above, less 3 per cent. for Dried Skim Milk, Powdered Skim Laws 753, 77th Cong., approved October (4) Definition of zones, (i) Zone A Milk, Skim Milk Powder” promulgated 21, 1942) shall be deemed to be a part of shall be all states not included in Zones ' by the Food and Drug Administration and shall be included in said charges B, C, or D. and published in the Federal Register with like effect as if it were a like in­ (ii) Zone B shall be Maine, New Of July 12, 1940, 5 F it. 2543. crease in the rate or amount charged by Hampshire, Vermont, Massachusetts, (2) “Powdered buttermilk^ means the the carrier for the transportation in Rhode Island, Connecticut, New York, product prepared for human consump­ question. The previsions of Supplemen­ New Jersey, Pennsylvania, Maryland, tion by the removal of water from clean, tary Order No. 31 issued by the uflBce of Delaware, District of Columbia, Virginia, sound buttermilk which buttermilk con­ Price Administration on November 26, and West Virginia. forms in all respects to requirements of 1942 (Document No. 7623) shall have no (iii) Zone C shall be Tennessee, North applicable federal and state laws and application to this Maximum Price Regu­ Carolina, South Carolina, Georgia, Ala­ regulations. It shall contain not less lation No. 150, as amended. bama, Mississippi, Louisiana, Arkansas, than 4% butterfat and shall contain not (f) For export shipments, the maxi­ Oklahoma, and Texas. more than 5% moisture. mum delivered price shall be determined (iv) Zone D shall be Florida. (3) “Bulk” when used in conjunction in accordance with the provisions of the (5) ^Discounts. All maximum prices with “powdered skim milk” or “powdered Revised Maximum Export Price Regula­ named in this section must be reduced buttermilk” means all “powdered skim tion issued by the Office of Price Admin­ by the seller’s customary discounts, or milk”, or “powdered buttermilk”, other istration on July 2,1942, and any amend­ allowances for cash or prompt payment. than “packaged powdered skim milk” ments thereto. However, any discount, allowances or or “packaged powdered buttermilk”. ♦ ♦ * * * other price differential may always be “Packaged” means packaged for sale at § 1351.463 Effective dates of amend- given when it results in a price less than retail in a container of any sort holding TIZCTltS• ♦ * * the maximum price. 5 pounds or less regardless of where the (c) Amendment No. 2 (§ 1351.464 (a) (6) Packing costs and allowances. packaging was done. and § 1351.463) of Maximum Price Regu­ (i) These prices are for bulk powdered - (4) The phrase “for deliveries” refers lation No. 150, as amended, shall become skim milk or bulk powdered buttermilk to deliveries at the buyer’s customary effective February 3, 1943. packed in barrels double crepe lined. ’ receiving point. In the case of deliveries They shall be reduced for any less ex­ to wholesalers, it shall also include direct (Pub. Laws 421 and 729, 77th Cong.; pensive packing by the net difference in„ deliveries to the customary receiving E.O. 9250, 7 F.R. 7871) packing costs, between the double crepe point of any person designated by the Issued this 1st day of February, 1943. lined barrels and the less expensive wholesaler to receive delivery. P rentiss M. Brown, packing. (c) Reference to maximum price reg­ Administrator. (ii) These prices shall be increased ulations covering powdered skim millc for all bulk powdered skim milk or and powdered buttermilk not covered in [F. R. Doc. 43-1712; Filed February 1, 1943; bulk powdered buttermilk packed in cus­ this Maximum Price Regulation 289. 2:59 p. m.] tomary 95 pound containers. These (1) Packaged powdered skim milk or prices shall be increased lfi for all bulk packaged powdered buttermilk when sold P art 1351—F ood and Food Products powdered skim milk or bulk powdered by manufacturers is covered under Maxi­ [MPR 289,1 Amendment 2] buttermilk packed in customary 5 to 50 mum Price Regulation No. 280.2 pound containers. DAIRY PRODUCTS (b) Definitions. (1) “Powdered skim (2) Packaged powdered skim milk and packaged powdered buttermilk when sold A statement of the considerations in­ milk”, also known as “dried skim milk” volved in the issuance of this amend- •Copies may be obtained from the Office *7 F it. 10144, 10337, 10475, 10585, 10786, 17 F.R. 10996; 8 F.R. 490. of Price Administration. 10995, 8 FR. 158, 876, 877, 1120. FEDERAL REGISTER, Wednesday, February 3, 1943 1459 by wholesalers is covered under Maxi­ § 1367.44 Appendix A: Amounts per amended, and subparagraphs (3) and mum Price Regulation No. 237.* ton net to the manufacturer which may (4) of paragraph (a) of § 1439.62 and (3) Packaged powdered skim milk and be added to the manufacturer’s prices paragraph (f) of § 1439.62 are added to packaged powdered buttermilk when sold for places of delivery in the states and read as set forth below. by retailers is covered under Maximum territory named below: Price Regulation No. 238/ § 1439.52 Exempt sales. (a) This 1. Places of delivery. * * * Temporary Maximum Price Regulation (4) All powdered skim milk for animal (i) Puerto Rico. To the prices of mixed feed and all powdered buttermilk for ani­ fertilizer, superphosphate or potash quoted No. 25 shall not apply to the following: mal feed is covered by Maximum Price in a manufacturer’s written or printed price (1) Sales and deliveries of less than Regulation No. 280. schedule or list effective on October 15, 1941, 400 bushels per month by one farmer denoted herein as the base period prices, to another farmer of corn produced on „ § 1351.1518a Effective dates of amend­ there, may be added', net to the manufac­ the farm operated by the farmer who ments. * * * turer, for each unit of ammonia, available is the seller. However, this Temporary (b) This Amendment No. 2 (§§ 1351.- phosphoric acid and potash an amount con­ Maximuni Price Regulation No. 25 shall 1501,1351.1522,1351.1518a) shall become sisting of the difference in the cost per unit apply to sales or deliveries of any quan­ effective this 6th day of February 1943. of such ammonia, available phosphoric acid or potash between (1) the manufacturer’s tity of corn by a farmers’ cooperative. (Pub. Laws 421, 729 77th Cong.; E.O. average delivered-to-factory cost of such ma­ * * * * * 9250, 7 F.R. 7871) terials received by him during the period § 1439.62 Appendix A—(a) Maxi­ July 1 to December 31, 1941, inclusive, and Issued this 1st day of February 1943. (2) the manufacturer’s average delivered- mum prices per bushel for corn futures on the Commodity Exchanges in Chi­ Prentiss M. Brown, to-factory cost of such materials received Administrator. hy him during the period October 1 to De­ cago, Kansas City and Minneapo­ / ¿r' , " cember 31, 1942, inclusive. lis. * * * [P. R. Doc. 43-1713; Filed, February 1, 1943; Beginning bn April 1, 1943, and quarter- (3) If there was no trading whatever 2:54p.m.] annually thereafter, a manufacturer’s base in round lot or job lot contracts for period prices may be increased or shall be delivery in the months of July or Sep­ decreased by the amount of the difference, if any, between (1) the manufacturer’s average tember 1943 on the Commodity Ex­ Part 1367—Fertilizers delivered-to-factory cost of such materials changes in Kansas City or Minneapolis, the maximum price for such contracts [Rev. MPR 135,15 Amendment 1] received by him during the period July 1 to December 31, 1941, inclusive, and (2) the shall be the maximum price for the MIXED FERTILIZER, SUPERPHOSPHATE AND manufacturer’s average delivered-to-factory May 1943 contract on such exchange, POTASH cost of such materials received by him dur­ plus the difference between the maxi­ ing the three months’ period last preceding mum price for the May 1943 contract A statement of considerations in the is­ the quarter annual adjustment date; if, dur­ suance of this amendment, issued simul­ ing any such three months’ period, no ma­ on the commodity exchange in Chicago taneously herewith, has been filed with terials were received by the manufacturer, and the maximum price for the July the Division of the Federal Register.* then the average cost for the next preceding or September 1943 contract, as the case three months’ period shall be applied in mak­ may be, on the commodity exchange in Section 1367.33 (a) is amended and ing the appropriate increase or decrease in Chicago. §§ 1367.43a and 1367.44 (a) 1 (i) are his base period prices. (4) The maximum price for contracts added to read as set forth below: Bags. A manufacturer’s prices of mixed for delivery in any month subsequent to § 1367.33 Manufacturers’ maximum fertilizer, superphosphate or potash deter­ September 1943 on the commodity ex­ mined as above set forth may be further in­ prices, (a) A manufacturer’s maximum creased, or shall be decreased, by the amount changes in Chicago, Kansas City and prices shall be the. prices set forth in the of the average increase or decrease, as the Minneapolis shall be the maximum price written or printed price schedule or list case may be, in the cost of bags used in for the September 1943 contract on each last issued by the manufacturer, prior to packaging such products. The amount of such commodity exchange, respectively. February 21, 1942, and effective for any such increase or decrease per ton of such (b) Maximum prices per bushel for any portion of the period from February 16 products shall be determined for the same class and grade of corn in bulk, in car­ to 20,1942 inclusive, except for any man­ periods and in the same manner as de­ load quantities, in each recognized cash ufacturer making a delivery to a place scribed above for each unit of ammonia, available phosphoric acid and potash. grain market. (1) The maximum price in Florida east of the Apalachicola River per bushel for No. 2 or better, yellow whose maximum prices for such deliv­ § 1367.43a Effective dates of corn in bulk, in carload quantities, in ery shall be the prices set forth in his amendments, (a) Amendment No. 1 each recognized cash grain market shall written or printed price schedule or list (§§ 1367.33 (a) and 1367.44 ) to Re­ be the highest price at which No. 2 or effective on July 31, 1941, and except for vised Maximum Price Regulation No. 135 better, yellow corn sold in that market any manufacturer making a delivery to a shall become effective February 6, 1943, place in Puerto Rico whose maximum on January 11,1943. prices for such delivery shall be the prices (Pub. Laws 421 and 729, 77th Cong.; E.O. (2) If there were no sales of yellow set forth in -his written or printed price 9250, 7 F.R. 7871) corn No. 2 or better, in bulk, in carload schedule or list effective on October 15, Issued this 1st day of February 1943. quantities, in a particular recognized 1941, and as those prices may be in­ cash grain market on January 11, 1943, Prentiss M. Brown, creased for the places of delivery and in Administrator. the maximum price per bushel in such the manner and amounts set forth in market for No. 2 or better, yellow corn in Appendix A incorporated herein as [F. R. Doc. 43-1714; Filed, February 1, 1943; bulk, in carload quantities shall be the § 1367.44, for a sale (1) to a consumer 2:57 p.m.] highest price for the highest grade of or dealer in the same locality, (2) of the yellow corn sold in such market on same quantity, grade and kind of mixed January 11,1943, plus the maximum dif­ fertilizer, superphosphate or potash, (3) ference between the price at which this delivered in the same type of container Part 1439—Unprocessed Agricultural or bag, except as hereinafter provided, Commodities grade and No. 2 or better, yellow corn sold in such market on the first day prior (4) under the same terms of payment in­ [TMPR 25,1 Amendment 1] cluding time, cash, discounts, and ma­ to January 11, 1943 on which both this turities, and (5) by the same means and CORN grade and No. Z or better, yellow corn under the same conditions of delivery. A statement of considerations involved were sold. in the issuance of this amendment has (3) The maximum price per bushel for yellow corn grading lower than No. 2, *Copies may be obtained from the Office of been issued simultaneously herewith Price Administration. and has been filed with the Division of in bulk, in carload quantities in each rec­ *7 PR‘ 8205’ 8427> 8808> 9188, 9973, 10013, the Federal Register.* ognized cash grain market shall be the 10715, 8 F.R. 373, 569. Subparagraph (1) of § 1439.52 and maximum price in such market for No. 2 ‘ 7 F.R. 8209, 8808, 9184, 10013, 10227, 10714 paragraphs (b) and (c) of § 1439.62 are or better, yellow corn as determined in 8 F.R. 120, 374; 532, 1116. 5 7 F.R. 11075. this paragraph (b) minus the following 18 F.R. 567. discounts.

4ft 1460 FEDERAL REGISTER, Wednesday, February 3, 1943

Discount— charges, including transportation tax, (ii) Where a change to different con­ (Cents per from said railroad loading point to the tainers is made deduct therefrom the Grade: , • "bushel) interior point in question. actual cost of the old containers and of No. 3 yellow corn______% * * * * • packing therein and add to the resultant No. 4 yellow corn______1 No. 5 yellow corn____ - ______l x/% (f) Carrying charges. In addition to figure the actual cost of the new con­ Sample yellow corn______2 the foregoing maximum price, a carry­ tainers and of packing therein; ing charge at a rate not to exceed (iii) Where a size change is made di­ (4) The maximum price per bushel %0th of a cent per bushel per day may vide said maximum/price of the fastest for white corn, in bulk, in carload quan­ be charged by a seller to a buyer from selling old package of said dog or cat tities, in each jecognized cash grain the date of the expiration of free time food to a given class of purchasers by market, shall be^the maximum price in under a contract for sale, to the date the net weight number of ounces (or such market for the corresponding grade on which the buyer has instructed that other unit of measurement) in the old of yellow corn plus 15 cents per bushel. the shipment to be made, or the date size package and multiply that quotient (5) The maximum price per bushel that shipment is actually made, which­ by the net weight number of ounces (or for mixed corn, in bulk, in carload quan­ ever date is earlier: Provided, other unit of measurement) in the new tities, in each recognized cash grain (1) That the seller may in all cases size package. market, shall be the maximum price in have five days from the date of receipt In like manner determine the new such market for the corresponding grade of instructions within which to make size! maximum price to other classes of of yellow corn: Except, that if such mixed shipment and may charge carrying purchasers, using as the base, however, corn contains 90 per cent or more of charges accordingly. the same old package of dog or cat white corn, the maximum price per (2) That the buyer shall not increase food but as sold to different classes of bushel, in bulk, 4n carload quantities, his maximum price for resale to any purchasers. shall be the maximum price in suph purchaser because such carrying (b) Effective dates. * * * market for the corresponding grade of charges have been incurred. (103) This Amendment No. 102 yellow corn, plus 15 cents per bushel. (§ 1499.73 (a)) to Supplementary Regu­ (6) The maximum price determined in This amendment shall become effec­ lation No. 14 of the General Maximum accordance with the subparagraph (b) tive February 6, 1943. Price Regulation shall become effective shall not be increased by any charges Issued this 1st day of February 1943. February 6, 1943. for handling, conditioning, insurance, elevation, or any other charges except P rentiss M. B rown, (PUb. Laws 421 and 729, 77th Cong.; E.O. carrying charges as specified in para­ Administrator. 9250, 7 F.R. 7871) graph (f) and where any owner of corn [F. R. Doc. 43-1715; Filed, February 1, 1943; Issued this 1st day of February 1943. incurs any expenses for handling, con­ 2:54p. m.] P rentiss M. B rown, ditioning, elevation, insurance, and other Administrator. operations, or services as he may deem necessary except carrying charges as [F. R. Doc. 43-1716; Filed, February 1, 1943; specified in paragraph (f) he shall not Part 1499—Commodities and Services 2:51 p. m.] increase his maximum price to any pur­ [Amendment 102 to Supp. Reg. 141 to chaser because he has incurred such GMPR2] expenses. DOG AND CAT FOOD IN NEW PACKAGES (c) Maximum price per bushel for P art 1499—Commodities and Services each seller for any class and grade of A statement of the considerations in­ volved in the issuance of this amend­ [Amendment 1 to Order 177 Under § 1499.3 corn in bulk, in carload quantities, (b) of GMPR] f. o. b. or delivered at interior points. ment has been issued simultaneously (1) The maximum price per bushel for herewith and filed with the Division of METALS RESERVE COMPANY each seller for any class and grade of the Federal Register.* Subparagraph corn in bulk, in carload quantities, (62) is added to § 1499.73 (a) to read as An opinion accompanying this Amend­ f. o. b. or delivered at interior points set forth below: ment has been issued simultaneously shall be the highest of the prices de­ § 1499.73 * * * herewith and has been filed with the termined as follows: (a) * * * Division of the Federal Register.* (i) The highest price at which the (62) Formula for determining maxi­ The head-note of § 1499.1193 and para­ seller sold or offered to sell such class mum prices of new packages of dog and graph (a) of that section are amended and grade of corn during the period cat foods by manufacturers. Any man­ and a new paragraph (d) is added to January 8, 1943 to January 12, 1943. ufacturer of any dog or cat food desiring read as set forth herein: (ii) The maximum price for such to seli new packages (whether of differ­ § 1499.1193 Authorization of maxi­ class and grade of corn at the nearest ent sizes and/or of different containers) mum prices for sales by Metals Reserve recognized cash grain market which is of the same commodity shall determine Company of South African corundum ore a source of supply plus (a), the trans­ his maximum price for such new pack­ to the American Abrasive Company, (a) portation charge from such recognized ages as follows: (1} On and after February 2, 1943, the cash grain market to the interior point, (i) Take the maximum price of the Metals Reserve Company may sell and and (b), 5 cents per bushel. fastest selling old package of said dog or deliver and agree, offer, solicit and at­ The transportation charge to any in­ cat food to a given class of purchasers; tempt to sell and deliver South African terior point, which is on a railroad, shall crystal corundum ore to the American be calculated by using the lowest car­ * Copies may be obtained from the Office Abrasive Company, Westfield, Massachu­ load rail rate, flat or proportional, of Price Administration. setts, at a maximum price of $107.00 per whichever is appropriate, plus trans­ 17 F.R. 5486, 5709, 6008, 5911, 6271, 6369, short ton, delivered at the purchaser’s portation tax, from such recognized 6477, 6473, 6774, 6775, 6793, 6887, 6892, 6776,. plant at Westfield, Massachusetts. cash grain market to the interior point: 6939, 7011, 7012, 6965, 7250, 7289, 7203, 7365, 7401, 7453, 7400, 7510, 7536, 7604, 7538, 7511, (2) On and after February 2, 1943, Provided, That if the movement to the 7535, 7739, 7671, 7819, 7914, 7964, 8237, 8024, Metals Reserve Company may sell and interior point would normally be made 8199, 8351, 8358, 8524, 8652, 8707, 8881, 8890, deliver and agree, offer, solicit and at­ on transit billing, the transportation 9082, 8950, 9131, 8953, 8954, 8955, 8959, 9043, tempt to sell and deliver South African charge shall be calculated by using the 9196, 9397, 9391, 9495, 9496, 9639, 9789, 9900, boulder corundum ore to the American normal transit balance rail rate plus 9901, 10069, 10111, 10022, 10151, 10231, 10294, Abrasive Company, Westfield, Massachu­ transportation tax, applicable to such 10346, 10381, 10480, 10537, 10705, 10557, 10583, setts, at a maximum price of $74.00 per movement. 10865, 11005; 8 F.R. 276, 439, 535, 494, 589, 863, 980, 1030, 876, 878. short ton, delivered at the purchaser’s The transportation charge to any in­ 3 7 F.R. 3153, 3330, 3666, 3990, 3991, 4339, plant at Westfield, Massachusetts. terior point which is not on a railroad 4487, 4659, 4738, 5027, 5276, 5192, 5365, 5445, ***** shall be the transportation charge cal­ 5565, 5484, 5775, 5784, 5783, 6058, 6081, 6007, (d) This Amendment No. 1 (§ 1499.- culated in like manner as above pro­ 6216, 6615, 6794, 6939, 7093, 7322, 7454, 7758, vided to the nearest railroad loading 7913, 8431, 8881, 9004, 8942, 9435, 9615, 9616, 1193) to Order No. 177 shall become point thereto plus transportation 9732, 10155, 10454; 8 F.R. 371. effective February 2,1943. FEDERAL REGISTER, Wednesday, February 3, 1943 1461

(Pub. Laws 421 and 729, 77th Cong.; E.O. Printz Degreasing Company, 30th and by this regulation are and will be gen­ 9250, 7 P.R. 7871) Magazine Lane, Philadelphia, Pennsyl­ erally fair and equitable and will effec­ Issued this 1st day of February 1943. vania, docketed July 31, 1942 and as­ tuate the purposes of said Act. A state­ signed Docket No. GF3-1056, requesting ment of the considerationsa involved in Prentiss M. Brown, permission to increase its maximum the issuance of this regulation has been Administrator. prices for the service of degreasing issued simultaneously herewith and filed [F. R. Doc. 43-1719; Filed, February 1, 1943; leather, is denied. with the Division of the Federal 3: 00 p. m.] (b) This Order No. 180 <§ 1499.1081) Register. shall become effective February 2, 1943. Therefore, under the authority vested Part 1499—Commodities and S ervices (Pub. Laws 421 and 729, 77th Cong.; in the Price Administrator by the Emer­ E.O. 9250, 7 F.R. 7281.) gency Price Control Act of 1942, and in [Order 258 Under § 1499.3 (b) of GMPR] accordance with Procedural Regulation PACIFIC TENT & AWNING CO. Issued this 1st day of February 1943. No. 1,* issued by the Office of Price Ad­ Prentiss M. B rown, ministration, Maximum Price Regula­ For the reasons set forth in the opin­ tion No. 200 is hereby issued. ion issued simultaneously herewith and Administrator. filed with the Division of the Federal [F. R. Doc. 43-1717, Filed, February 1, 1943; Sec. Register,* It is hereby ordered: 2:58 p. m.[ 1315.1401 Prohibition against dealing in rubber heels attached, and at­ § 1499.1494 Maximum prices for the taching rubber heels at-prices sale of cotton pick sacks by the Pacific in excess of the maximum. Tent & Awning Company, (a) The Pa­ Part 1499—Commodities and S ervices 1315.1402 Federal and state taxes. cific Tent & Awning Company, 2126 Inyo [Order 181 Under § 1499.18 (b) of GMPR] 1315.1403 Sales for export. Street, Fresno, California, may sell and 1315.1404 Less than maximum prices. NEWMAN - REICH BAKING CO., INC. 1315.1405 Evasion. deliver and any person may purchase 1315.1406 Marking and posting. and receive from it the following types For the reasons set forth in an opinion 1315.1407 Records. of cotton pick sacks at prices not in ex­ issued simultaneously herewith, it is 1315.1408 Reports. cess of those set forth below: ordered: 1315.1409 Sales slips and receipts. 1315.1410 Enforcement. § 1499.1082 Denial of application for 1315.1411 Adjustable pricing. Specifications Maximum price per bag adjustment of maximum price of bread 1315.1412 Petitions for amendment. - sold by Newman-Reich Baking Company 1315.1413 Exclusions. Retailers Inc., 1118 Lamar Street, Fort Worth, 1315.1414 Definitions. Whole­ Texas, (a) The application of Newman- 1315.1415 Applicability. Size Material salers Lots of Reich Baking Company, Inc., 1118 Lamar 1315.1416 Licensing, applicability of the reg­ of bag and Lots of istration and licensing provi­ jobbers 100 to less Street, Forth Worth, Texas, filed Novem­ 500 bags than sions of the General Maximum 100 bags ber 14, 1942, and assigned Docket Num­ Price Regulation and Maximum ber GF3-2735, requesting permission to Price Regulation No. 165. 7 oz, 30" grade B. 9 '... $1.26 $1.29 $1.32 increase the maximum price of bread 1315.1417 Applicability of the General Maxi­ Osnaburg. sold by it, is denied. mum Price Regulation. 7 oz., 30" grade B. 10'.. 1.40 1.43 1.46 Osnaburg. (b) This Order No. 181 (§ 1499.1082) 1315.1418 Applicability of Maximum Price 7 oz., 30" grade B. 12'.. 1.68 1.71 1.74 shall become effective February 2, 1943. Regulation No. 165. Osnaburg. 1315.1419 Effective date. (Pub. Laws 421 and 729, 77th Cong.; 1315.1419a Effective dates of amendments. E.O. 9250, 7 FJt. 7871) 1315.1420 Appendix A: Maximum prices for (b) The maximum prices set forth rubber heels, rubber heels at­ above are f. o. b. seller’s point of ship­ Issued this 1st day of February 1943. tached and attaching rubber ment. The following terms of credit are P rentiss M. B rown, heels. Administrator. applicable thereto: A u t h o r it y : §§ 1315.1401 to 1315.1420, in­ 1) Wholesalers and Jobbers,___ 5% 10 days, [F. R. Doc. 43-1718; Filed, February 1, 1943; clusive, issued under Pub. Laws 421 and 729, net 11 days. 2:57 p. m.] 77th Cong.; E.O. 9250, 7 F.R. 7871. 2) Retailers------2% 10 days, § 1315.1401 Prohibition against deal­ net 30 days. ing in rubber heels, rubber heels at­ (c) This Order No. 258 may be re­ Part 1315 — Rubber and P roducts and tached, and attaching rubber heels at voked or amended by the Office of Price Materials of Which Rubber Is a Com­ prices in excess of the maximum. On Administration at any time. ponent and after September 1, 1942, regardless (d) This Order No. 258 shall' become [MPR 2001 as Amended Feb. 1, 1943] of any Contract, agreement’, lease or effective February 2, 1943. other obligation: (a) No person shall sell (Pub. Laws 421 and 729, 77th Cong.; RUBBER HEELS, RUBBER HEELS ATTACHED, AND or deliver rubber heels or attached rub­ E.O. 9250, 7 F.R. 7871) ATTACHING OF RUBBER HEELS ber heels, in the shoe repair trade, and no person shall buy or receive rubber Issued this 1st day of February 1943. In the judgment of the Price Admin­ heels or attached rubber heels, in the istrator the prices of rubber heels, rub­ P rentiss M. B rown, shoe repair trade, in the course of trade Administrator. ber heels attached and attaching rubber or business, at prices higher than the heels have risen to an extent and in a maximum prices set forth in Appendix A [F. R. Doc. 43-1720; Filed, February 1, 1943; manner inconsistent with the purpose of § 1315.- 2:58 p.m.] hereof, incorporated herein as the Emergency Price Control Act of 1942. 1420; and (b) no person shall attach The Price Administrator has ascer­ rubber heels at prices higher than the Part 1499—Commodities and Services tained and given due consideration to the maximum prices set forth in Appendix A prices of rubber heels, rubber heels at­ [Order 180 Under § 1499.18 (b) of GMPR] hereof; and no person shall agree, tached and attaching rubber heels pre­ offer, solicit or attempt to do any of the PRINTZ DEGREASING CO. vailing between October 1 and October foregoing. The provisions of this sec­ For the reasons set forth in an opinion 15, 1941, and has made adjustment for tion shall not be applicable to sales or issued simultaneously herewith, It is or­ such relevant factors as he has deter­ deliveries of rubber heels to a purchaser dered: mined and deemed to be of general ap­ if prior to September 1, 1942, such rub­ plicability. So far as practicable, the bers heels had been received by a carrier § 1499.1081 Denial of application for Price Administrator has advised and other than a carrier owned or controlled adjustment of maximum prices for de­ consulted with representative members by the seller for shipment to such pur­ greasing services performed by Prints of the industry which will be affected chaser. Degreasing Company, Philadelphia, by this regulation. Pennsylvania, (a) The application of In the judgment of the Price Admin­ ■— Statements of considerations also are is­ istrator the maximum prices established sued simultaneously with the - issuance of ‘Copies may be obtained from the Office amendments. of Price Administration. 17 F.R. 6259. * Revised; 7 F.R. 8961. No. 23----- 5 1462 FEDERAL REGISTER, Wednesday, February 3, 1943

[No te: Supplementary Order No. 7 (7 F.R. ticular type and grade without buying Price Administration for a period of not 5176) provides that the prohibition contained rubber heels of another type and grade less than^one year, complete and accu­ in any price regulation against buying or ' receiving any commodity or service at a price or buying any other commodity, and rate records of each such sale or pur­ higher than the maximum price permitted every purchaser, other than a purchaser chase, showing the date thereof, the by such regulation shall not apply to any from a shoe repairman, shall have the name and the address of the buyer or war procurement agency, or government choice of buying rubber heels of a par­ seller, the price paid or received and the whose defense is vital to the defense of the ticular type and grade without having quantity of each type and grade of rub­ United States.] any service performed. ber heels sold or purchased. [Note: Supplementary Order No. 34 (7 (c) A purchaser of rubber heels from (b) Every person subject to this Reg­ F.R. 10779) permits special packing expenses a shoe repairman shall always have the ulation shall submit such reports and to be added to maximum prices on sales to choice of buying rubber heels and having procurement agencies of the United States.] the seller attach them to shoes without keep such other records, in addition to or in place of the records required in para­ § 1315.1402 Federal and state taxes. having any other service performed or (a) Except as limited in the next para­ b u y in g any other commodity. graph (a) of this section, ~as the Office graph, any tax upon, or incident to, the [Note: Supplementary Order No. 29 (7 of Price Administration may from time sale, delivery, or processihg of rubber F.R. 9816) lists certain services customarily to time require or permit. offered by retailers which may be curtailed heels, imposed by any statute of the or eliminated without a compensating reduc­ § 1315.1408 [Revoked]. United States or statute or ordinance of tion in ceiling prices.] any state or subdivision thereof, shall be § 1315.1409 Sales slips and receipts. treated as follows in determining the § 1315.1406 Marking and posting. Any person subject to this Maximum seller’s maximum price: If the statute or (a) Every manufacturer of rubber heels Price Regulation No. 200 who has regu­ ordinance'imposing such tax does not (except sport heels and women’s scoop larly furnished customers with invoices, prohibit the seller from stating and col­ lifts, toplifts, toplift strips and toplift sales slips, receipts or similar documents lecting the tax separately from the pur­ blocks) manufactured after August 31, shall continue to do so. Every person chase price, and the seller does separately 1942, for sale in the shoe repair trade, subject to this Maximum Price Regula­ state it, the seller may collect, in addi­ shall imprint prominently on the face of tion No. 200 shall, regardless of previous tion to the maximum price, the amount ever.y such heel in the place receiving the custom, upon request of the customer, of the tax actually paid by him or an least wear the symbol “V -l,” “V-2,” give such customer a signed receipt amount equal to the amount of tax paid “V-3,” or “V-4,” which symbol shall rep­ showing the date of the transaction, the by any prior vendor. resent the physical tests, as set forth type, brand, and grade .of the rubber (b) No shoe repairman may add and in paragraph (g) (6) of § 1315.1420, heels sold and the price therefor. after December 31, 1942, no wholesaler which the heel in question is able to § 1315.1410 Enforcement, (a) Per­ may add, the amount of Federal excise equal or exceed. Sport heels and sons violating any provisions of this tax on rubber products paid by any prior women’s scoop lifts, toplifts, toplift strips Maximum Price Regulation No. 200 are vendor to the maximum prices estab­ and toplift blocks manufactured after subject to the criminal penalties, civil lished by this Maximum Price Regula­ August 31, 1942, for sale in the shoe re­ enforcement actions, license suspension tion No. 200. (Paragraph (a) as amend­ pair trade must be marked in some other proceedings and suits for treble damages ed by Amendment 3, 7 PE. 10008) manner approved by the Office of Price provided for by the Emergency Price [Note: Supplementary Order No. 31 (7 Administration in order to indicate the Control Act of 1942. F.R. 9894) provides that: “Notwithstanding quality thereof. The marking of the unit (b) Persons who have evidence of any the provisions of any price regulation, the of sale container is an approved method violation of this Maximum Price Regula­ tax on transportation of all property (ex­ of marking sport heels and women’s tion No. 200 or any price schedule, regu­ cepting coal) imposed by section 620 of the scoop lifts (1 and 3 nail hole) and died Revenue Act of 1942, shall, for purposes of lation, or order issued by the Office of out toplifts. A paper sticker on each Price Administration or of any acts or determining the applicable maximum price toplift strip or block is also an approved of any commodity or service, be treated as practices which constitute such a viola­ though it were an increase of 3% in the method of marking toplift strips and tion are urged to communicate with the amount charged by every person engaged toplift blocks. The unit of sale container nearest field, district, state or regional in the business of transporting property for of a rubber heel manufactured in ac­ office of the Office of Price Administra­ hire. It shall jio t be treated,- under any cordance with the specifications of a war tion or its principal office in Washington, provision of any price regulation or any procurement agency but which has been D. C. interpretation thereof, as a tax for which a rejected by that war procurement agency charge may be made in addition' to the because of defects that do not affect § 1315.1411 Adjustable pricing. No maximum price.”] serviceability, shall be marked with the person subject to the provisions of this § 1315.1403 Sales for export. The words “War Reject.” (Paragraph (a) as Maximum Price Regulation No. 200 shall maximum price at which a person may amended by Amendments 3 and 4, 7 F.R. enter into any agreement permitting the export any rubber heels shall be deter­ 10008, 8 F.R. 490.) adjustment of the prices of lubber heels, mined in accordance with the provisions (b) On and after September 1, 1942, attached rubber heels or attaching rub­ of the Maximum Export Price Regula­ every shoe repairman engaged in the ber heels to prices which may be higher tion * issued by the Office of Price Ad-" business of selling rubber heels or at­ than the maximum prices, except that ministration. tached rubber heels or of attaching rub­ any person may offer or agree to adjust or fix prices to or at prices not in excess § 1315.1404 Less than maximum ber heels shall keep posted in a conspicu­ ous place in each establishment at which" of the maximum prices in effect at the prices. Lower prices than those set forth time of delivery. in Appendix A (§ 1315.1420) may be rubber heels are offered for sale, or at charged, demanded, paid or offered. which the attaching of rubber heels is § 1315.1412 Petitions for amendment. contracted for, a statement setting forth Any person seeking an amendment of § 1315.1405 Evasion, (a) The price the maximum prices which he is permit­ any provision of this Maximum Price limitation set forth in this Maximum ted to charge under this Maximum Price Regulation No. 200 may file a petition for Price Regulation No. 200 shall not be Regulation No. 200 and the brands to amendment in accordance with the pro­ evaded whether by direct or indirect which these maximum prices apply. For visions of Revised Procedural Regula­ methods in connection with an offer, this purpose it shall be permissible to tion No. 1. (§ 1315.1412 as amended by solicitation, agreement, sale, delivery, employ a list of maximum prices and Supplementary Order No. 26, 7 F. R. purchase or receipt of or relating to rub­ brands furnished by the Office of Price 8948.) ber heels alone or in conjunction with- Administration for posting pursuant to any other commodity or by way of com­ the provisions of this paragraph. [Note: Supplementary Order No. 28 (7 mission, service, transportation or other F.R. 9619) provides for the filing of appli­ § 1315.1407 Records and reports, (a) cations for adjustment or petitions for charge or discount, premium or other amendment based on a pending wage or sal­ privilege, or by tying-agreement or other Every person, other than a shoe repair­ man or a person making a purchase from ary increase requiring the approval of the trade understanding or otherwise. National War Labor Board.] __ (b) Every purchaser shall have thé a shoe repairman, making a sale or pur­ choice of buying rubber heels of a par- chase subject to this Maximum Price § 1315.1413 Exclusions. This Maxi­ • ------Regulation No. 200 after August 31,1942, mum Price Regulation No. 200 shall not * Revised : 7 F.R. 5059, 7242, 9000, 10530. shall keep for inspection by the Office of apply to sales and deliveries of rubber FEDERAL REGISTER, Wednesday, February 3, 1943 1463 heels, made in accordance with military Regulation * and Maximum Price Regu­ ing §§ 1499.11, 1499.12, 1499.13, 1499.14, specification, pursuant to contract with: lation No. 165.6 (a) The registration and and 1499.25 thereof, with respect to sales (a) Any war procurement agency of licensing provisions of §§ 1499.15 and and deliveries for which maximum prices the United States Government; or 1499.16 of the General Maximum Price are established by this regulation. (b) Any person who contracts to sell Regulation are applicable to every per­ § 1315.1418 Applicability of Maxi­ the purchased rubber "heels to any war son subject to this regulation selling at mum Price Regulation No. 165. Except procurement agency of the United States wholesale or retail rubber heels. When as provided in § 1315.1416, the provisions Government or to any contractor or sub­ used in this paragraph (a) the terms of this Maximum Price Regulation No. contractor who physically incorporates “selling at wholesale” and “selling at 200 supersede the provisions of Maximum the rubber heels in an article being proc­ retail” have the definitions given to them Price Regulation No. 165 with respect to essed for any such war procurement by §§ 1499.20 (p) and 1499.20 (o), respec­ sales of consumer services for which agency. tively, of the General Maximum Price maximum prices are established by this § 1315.1414. Definitions, (a) When Regulation. regulation. used in this Maximum Price Regulation (b) The registration and licensing No. 200 the term: provisions of §§ 1499.111 and 1499.112 of §1315.1419 Effective date. This (1) “Continental United States” Maximum Pi ce Regulation No. 165 are Maximum Price Regulation No. 200 means only the forty-eight states and applicable to every person subject to this (§§ 1315.1401 to 1315.1420, inclusive) the District of Columbia. regulation, selling attached rubber heels shall become effective September 1,1942. (2) “Export” means any sale between to an ultimate consumer, or attaching [Issued August 10, 1942] a seller in the Continental United States rubber heels for such consumer. and a purchaser outside thereof. _ § 1315.1417 Applicability &f the Gen­ § 1315.1419a Effective dates of amend- (3) “Manufacturer” means any per­ eral Maximum Price Regulation. Except ments. son engaged in the production of rubber as provided in § 1315.1416, the provisions Amendment Nos. and heels. of this Maximum Price Regulation No. Issue dates: Effective (4) “Person” includes an individual, 200 supersede the provisions of the Gen­ Amendment 1, 8-31-42______9-1-42 corporation, partnership, association, or eral Maximum Price Regulation, includ- Amendments, 10-1-42______10-7-42 any other organized group of persons, or Amendment 3, 11-30-42______12-5-42 *7 F.R. 3153, 3330, 3666, 3990, 3991, 4339, Amendment 4, 1-11-43______1-16-43 legal successor or representatives of any Amendment 5, 2-1-43______2-6-43 of the foregoing, and includes the United 4487, 4659, 4738, 5027, 5276, 5192, 5365, 5445, 5565, 5484, 5775, 5783, 5784, 6058, 6081, 6007, § 1315.1420 Appendix A: Maximum States or any agency thereof, or any 6216, 6615, 6794, 6939, 7093, 7322, 7454, 7758, other government, or any of its political 7913, 8431, 8881, 9004, 9435, 9615, 9616, 9732, prices for rubber heels, rubber heels at­ subdivisions, or any agency of any of the 10155, 10454; 8 F.R. 371. tached and attaching rubbers heels, (a) foregoing. 6 As amended: 7 F.R. 6428, 6966, 8239, 8431, The maximum prices for rubber heels, (5) “Rubber” means all forms and 8798, 8943, 9197, 9342, 9343, 9785, 9971, 9972, sold in the shoe repair trade shall be the types of rubber, including synthetic and 10480, 10619, 10718, 11010. prices listed in Table I-A. reclaimed rubber. Table I-A—MAXIMUM PRICES FOR RUBBER HEELS SOLD IN THE SHOE REPAIR TRADE (6) “Rubber heels” includes all un­ attached heels, heel bases, scoop lifts, Maximum price to toplifts, toplift strips and toplift blocks, Maximum Maximum Unit of sales consumers made in whole or in part of rubber. Item price for price for to wholesalers for heels sales to «ales to shoe and shoe attached by (7) “Rubber heels sold in the shoe re­ wholesalers 1 ■ repairmen * repairmen shoe repair­ pair trade” means rubber heels sold or men 4 (per offered for sale by or to a shoe repair­ pair) man, by wholesalers to the persons who sell rubber heels to a shoe repairman, or 1. Men’s half heels (all sizes): Super grade or V -l...... *$1.50 ‘$2.00 1 dozen pairs___ $0.55 by manufacturers to any of thè persons Standard grade or V-2______«1.39 «1.85 1 dozen pairs___ .50 named in this subparagraph. Competitive grade or V-3...... 1.16 1.55 1 dozen pairs___ .45 Special competitive grade or V-4...... 94 1.25 1 dozen pairs___ .40 (8) “Shoe repairman” includes any 2. Men’s whole heels (all sizes) : person engaged in the business of replac­ Corded...... 1.99 2.65 1 dozen pairs___ i65 ing worn heels for an ultimate consumer, Super grade or V -l______1.73 2.30 1 dozen pairs___ -.55 Standard grade or V - 2 ...... 1.65 2.20 1 dozen pairs___ .55 other than an industrial, commercial or Competitive grade or V-3...... 1.43 1.90 1 dozen pairs___ .50 governmental consumer. Special competitive grade or V-4...... 1.20 1.60 1 dozen pairs. — .45 (9) “Wholesaler”, includes any person, 8. Boys’ whole heels (all sizes): Corded...... 1.58 2.10 1 dozen pairs___ ;65 other than a manufacturer, who sells Super or standard grade, V -l or V -2 ...... 1.39 1.85 1 dozen pairs___ .50 or offers to sell rubber heels to a shoe Competitive grade or V-3...... 1.16 1.55 1 dozen pairs___ .45 Special competitive grade or V-4...... 94 1.25 1 dozen pairs___ .40 repairman or to persons who sell or offer 4. Women’s Cuban heels (scoops or flat type) and to sell rubber heels to a shoe repairman. junior wedges (all sizes): Super grade or V -l.______1.09 1.45 1 dozen pairs___ .45 (10) “War procurement agency” Standard grade or V-2______1.05 1.40 1 dozen pairs___ .45 means the War Department, the Depart­ Competitive grade or V-3______:____ _ .90 1.20 1 dozen pairs___ .40 Special competitive grade or V-4...... 71 .95 1 dozen pairs___ .35 ment of the Navy, the United States 6. Women’s toplifts: Maritime Commission, and the Lend- (a) Thin Scoop Lifts (3 nail hole, fiber back, Lease Section in the Procurement Divi­ with washers (all sizes) : Super Grade or V -l (with nails)...... 75 1.00 1 dozen pairs___ .40 sion of the Treasury Department, or any Super Grade or V -l (without nails)______.71 .95 1 dozen pairs___ .40 agency of any of the foregoing. All other grades V-2, V-3. V-4, (with nails). .71 .95 1 dozen pairs___ .40 All other grades V-2, V-3, V-4(without nails) .68 .90 1 dozen pairs___ .40 (b) Unless the context otherwise re­ (b) 1 nail hole toplifts plain or fiber back, no quires, the definitions set forth in sec­ washers (all grades, V -l, V-2, V-3, V-4): (1) 1 dozen to carton (with nails) (all colors tion 302 of the Emergency Price Control except white*), by size: Act of 1942 shall apply to other terms 9-0...... 34 .45 1 dozen pairs___ .85 used herein. 7-0...... 38 .50 1 dozen pairs___ .35 5-0...... 45 .60 1 dozen pairs___ .35 § 1315.1415 Applicability. The pro­ 3-0...... :...... 49 .65 1 dozen pairs___ .35 2-0...... 56 .75 1 dozen pairs___ .35 visions of this Maximum Price Regula­ 1-0...... 56 .75 1 dozen pairs___ .35 tion No. 200 shall be applicable to the 2...... 60 .80 1 dozen pairs___ .35 4...... 68 .90 1 dozen pairs___ .35 Continental United States and th3 Dis­ 6...... 71 .95 1 dozen pairs___ .35 trict of Columbia, but not to the terri­ 1...... 68 .90 1 dozen pairs___ .35 3...... 71 k95 1 dozen pairs___ .35 tories and possessions of the United .71 • 95 1 dozen pairs___ .35 States. •For white add to each price...... 11 .15 .10 (2) 6 dozen to carton (without nails) (all - § 1315.1416 Licensing; applicability colors but white*), by size: of the registration and licensing provi­ 9-0...... 1.80 2.40 6 dozen pairs___ .35 ...... 2.03 2.70 6 dozen pairs___ .357-0 sions of the General Maximum Price 5-0...... 2.25 3.00 6 dozen pairs___ .35 See footnotes at end of table. 1464 FEDERAL REGISTER, Wednesday, February 3, 1943

T able I-A—MAXIMUM PRICES FOR RUBBER HEELS SOLD IN THE SHOE REPAIR TRADE 1—Continued

Maximum price to Maximum Maximum Unit of sales conshmers Item price for price for to wholesalers for heels sales to sales to shoe and shoe attached by wholesalers 1 repairmen1 repairmen shoe repair­ men 4 (per pair)

8. Women’s toplifts— Continued. (b) 1 nail bole toplifts plain or fiber back, etc.—Con, (2) 6 dozen to carton, etc.—Con. mi...... $2.70 $3.60 6 dozen pairs.. $0.35 ...... - ...... 2.93 3.90 6 dozen pairs.. .35 1-0...... 2.93 3.90 6 dozen pairs.. .35 2— *...... — 3.08 4.10 6 dozen pairs.. .35 3.49 4.65 6 dozen pairs.. .35 3.79 5.05 6 dozen pairs.. .35 3.49 4.65 6 dozen pairs.. .35 3.79 5.05 6 dozen pairs». .35 3.79 6.05 6 dozen pairs.. .35 3.79 5.05 6 dozen pairs.. .35 •For white add to each price. .67 .90 .10 (c) Died out toplifts, plain or fiber back: * Super grade or V -l, by size: 10J4 iron: Black______... ______.75 Pound. *25 Tan or no mark black______.80 Pound. »25 W hite...______L00 Pound. »35 All other grades V-2. V-3, V-4, by size: ' 9 iron: Black...... 75 Pound. ».25 Tan or no mark black...______s .80 Pound. ».25 White____ ..... ______1.00 Pound. ».35 10)4 iron: B lack..______s____ .70 Pound. ».25 Tan or no mark black...... 75' Pound. ».25 White...... — .90 Pound. ».35 12 iron: Black______.65 Pound. ».25 Tan or no mark black______.70 Pound. »25 White______■ .90 Pound. ».35 (d) Toplift strips (12)4" x 25"): (1) Plain back, black:* Super grade or V -l, by size: 7 iron..______—'------1.13 1.50 Each. ».25 7)4 iron______1------1.13 •1.50 Each. ».25 9 ir o n ...______1.16 1.55 Each. ».25 10)4 iron______.'.------1.24 1.65 Each. ».25 12 iron______1.35 1.80 Each. ».25 Standard grade or V-2 by size: 7 iron______.______;____- 1.09 1.45 Each. ».25 7)4 iron______—______-i 1.09 1.45 Each. ».25 9 iron..______... ______1.13 1.5Ó Each. ».25 10)4 iron______1.16 1.55 Each- ».25 12 ir o n .....______1.28 L 70 Each. ».25 Special competitive or V-3, V-4 by size: 7 iron______.______...------.98 1.30 Each. ».25 . 7)4 iron______.98 1.30 Each. ».25 9 iron______.— 1.01 1.35 Each. ».25 10)4 iron______1.05 1.40 Each- ». 25 12 iron______„„o,,n-___ 1.16 1.55 Each. ».25 •Fiber back add to each price______.15 .20 .00 (2) Plain back, tan and no mark black:** Super grade or V -l by size: 7 iron ..______1.35 1.80 Each. ».25 7)4 iron______1.35 1.80 Each. ».25 9 iron______i . ___ 1.43 1.90 Each. ».25 I0J4 iron______1.50 2.00 Each- ».25 12 iron______f.______1.65 2.20 Each. ».25 Standard grade or V-2 by size: 7 iron..______\___.,______1.28 1.70 Each. ».25 7)4 iron______:----- 1.28 1.70 Each. ».25 9 iron______1.35 1.80 Each. ».25 10}$ iron______,__:._____ 1.43 1.90 Each. »,25 12 iron__ „______1.58 2.10 Each. ».25 Competitive or special competitive, V-3 or V-4 by size: 7 iron______:____ jj______1.16 L 55 Each. ».25 7}$ ir o n ...______1.16 1.55 Each. ».25 9 iron______i____i . __ L 24 1.65 Each. ».25 10)4 iron______,_____... ______L31 1.75 Each. ».25 12 iron.,______1.46 1.95 Each. ».25 ••Fiber back add to each price______.15 .20 .00 (3) Plain back, white:* All grades by size: 7 iron...... 1.61 2.15 Each. ».35 7}$ iron______1.61 2.15 Each. ».35 9 ir o n .....___;______1.72 2.30 Each. ». 35 10)4 iron___ . ___ 1.91 2.55 Each. ».35 12 iron...... 2.17 2.90 Each. ».35 •Fiber back add to each price. .15 .20 Each. .00 (e) Toplift blocks (8)4 x 12)4'-'): (1) Plain back, black;t Super grade or V -l, by size: 7 iron______.____ 4.50 6.00 1 dozen j ».25 9 iron______4.65 6.20 1 dozen. ».25 10)4 iron...... 4.95 6.60 1 dozen. ». 25 12 iron.’...... r_...... 5.40 7.20 1 dozen. ».25 All other grades V-2, V-3, V-4 by size: 7)4 iron...... ______I...... 4.35 5.80 1 dozen. ».25, 9 iro n ..______4.50 6.00 1 dozen» ».25 10)4 iron______- ______4.65 6.20 1 dozen. »s 25 12 iron______.I...... 6.10 6.80 1 dozen. ».25 tFiber back add to each p r i c e ...... 60 .80 .00 See foot notes at end of table. FEDERAL REGISTER, Wednesday, February 3, 1943 1465

T able I-A—MAXIMUM PRICES FOR RUBBER HEELS SOLD IN THE SHOE REPAIR 1942, and all rubber heels manufactured TRADE •—Continued before that date, bearing the following brand names and made by the following Maximum price to manufacturers: Maximum Maximum . Unit of sales consumers S uper price for price for to wholesalers for heels Brand Manufacturer Item sales to sales to shoe and shoe attached by wholesalers 7 repairmen * repairmen shoe repair­ Adjusto-Wear__ ... Seiberling Rubber Com­ men * (per pany. pair) Aristocrat______O’Sullivan Rubber Com­ pany. 5. women’s toplifts—Continued. Biltrite______— Panther Panco Rubber (e) Toplift blocks (8H x 12H )—Continued. Company. (2) Plain back, tan and no mark black:f Holtite Manufacturing Super grade or V -l by size: Cat’s Paw------$5.40 $7.20 1 dozen...... 7 $0.25 Company. 5.70 7.60 1 dozen...... ».25 Custom-50-______Goodyear Tire & Rubber 6.00 8.00 1 dozen...... ».25 Company. 6.60 8.80 1 dozen______». 25 All other grades V-2, V-3, V-4 by size: Delux Suprex_____ B. F. Goodrich Co.-Hood 5.10 6.80 1 dozen...... ».25 Rubber Co. 5.40 7.20 1 d ozen...... ».25 Goodrich “D” Ply­ B. F. Goodrich Co.-Hood 5.70 7.60 1 dozen______».25 Rubber Co. 6.30 8.40 1 dozen...... ».25 wood-Core. ,60 .80 .00 Goodrich Lifelong- B. F. Goodrich Co.-Hood (3) Plain back, white :f Rubber Co. All grades, by size: No Jar Super 50__. Cupples Company. 6.45 8.60 1 d ozen...... ».35 Seiberling Rubber Com­ 6.90 9.20 1 dozen...... ». 35 Seiberling Bonded— 7.65 10.20 1 d ozen...... »35 pany. 8; 70 11.60 1 d ozen...... ».35 Tuffies--______The I. T. S. Company. .60 .80 .00 Tufford______The I. T. S. Company. U. S. Super Royal— U. S. Rubber Company. 6. Orthopedic heels (all sizes): 2.55 3.40 1 dozen pairs___ .75 2.11 2.85 1 dozen pairs___ • 65 (Subparagraph (1) as amended by 1.76 2.35 1 dozen pairs___ .60 Amendment 4, 8 F.R. 490) 7. Combination leather and rubber lifts (all sizes): • 2.51 >3. 35 1 dozen pairs___ '.75 (2) “Standard grade” means war re­ Women’s...... '...... -...... — 1.76 2.35 1 dozen pairs.... .60 8. Heel bases, by thickness: jects manufactured on or after Septem­ 2)4/8"...... 71 .95 1 dozen pairs___ .25 ber 1, 1942, and all rubber heels manu­ 3/8"...... —. . . .71 .95 1 dozen pairs___ .25 9. Wedge and sport heels (all colors) (all sizes): . factured before that date, bearing the Super, standard-, V -l, V-2: following brand names and made by the Men’s (cord and natural inserts)...... 1.99 2.65 1 dozen pairs___ .65 1.61 2.15 1 dozen p airs.... • 55 following manufacturers: 1.80 1 dozen pairs___ • 50 Women’s...... 1.35 - Standard 10. White heels: Men’s half...... -...... 1.80 2.40 1 dozen pairs___ .60 Brand Manufacturer Women’s cuban (scoop, flat type or junior 1.24 1.65 ljdozen pairs___ • 55 wedges). Commander______Holtite Manufactur­ Women’s thin scoop super...... 97 1.30- 1 dozen pairs___ .50 ing Company. All other grades------.94 1.25 1 dozen pairs___ • 50 Fleetfoot 60______New Jersey Rubber Co. G-50-______Goodyear Tire & Rubber l The maximum prices for sales by wholesalers to certain wholesalers are set forth in paragraph (h) of this section. Company. * These prices shall be reduced by 5 percent if the purchaser pays cash within 30 days after delivery in accord­ Hyflex______Essex Rubber Company. ance with the provisions of § 1315.1420 (d) (1). Federal excise taxes and other taxes may be added in accordance I. T. S______The I. T. S. Company. with the provisions of § 1315.1402 (a). . . . * These prices shall be decreased by the customary cash discounts in accordance with the provisions of § 1315.1420 Imperial______TJ. S. Rubber Company. (d) (2). Federal excise taxes and other taxes may be added in accordance with the provisions of § 1315.1402 (a). Monarch Certified- Monarch Rubber Com­ «These prices include the Federal excise tax but other taxes may be added in accordance with § 1315.1402 (b). pany. * For O’Sullivan Aristocrat and Goodrich “D ” Plywood Core, there shall be substituted in table I-A $1.69 instead Nojar______Cupples Company. Of $1.50 and $2.25 instead of $2. , ■ • For Goodyear G—50 heels, there shall be substituted in table I- A $1.43 instead of $1.39 and $1.90 instead of $1.85. O’Sullivan Service— O’Sullivan Rubber Com­ 7 If died out toplifts or toplifts cut from toplift strips or toplift blocks are attached to heels which are larger in size pany. than a size 3-0 thin scoop lift (3 nail hole), the shoe repairman may add $0.05 per pair to the prices stated in Table O’Sullivan Stylist— O’Sullivan "Rubber Com­ I-A for attaching these women’s toplifts. , ... ,, , „ , pany. • For Wilder Quick Work A Style, combination leather and rubber hits, there shall be substituted in Table I-A Panco Triple Wear— Panther Panco Rubber $2.75 instead of $2.51 and $3.67 instead of $3.35. ' Company. (Table I-A as amended by Amendment 2, 7 F.R. 6936.) Presto grip__ ;____ Cupples Company. Seiberling______Seiberling Rubber Com­ (b) The maximum price stated in (2) The maximum price for sales to pany. Table I-A for a sale by a shoe repairman shoe repairmen shall be reduced by any Suprex_____—:____B. F. Goodrich Co.-Hood shall include the price of the rubber heels cash discounts given by the seller to shoe Rubber Co. repairmen of the same class during U. S. Royal______TJ. S. Rubber Company. and the price of attaching the rubber U. S. Royal Nukup— TJ. S. Rubber Company. heels to shoes. If rubber heels are sold March, 1942. Uskide______TJ. S. Rubber Company. by a shoe repairman unattached, the (e) (1) The maximum price for sales Wingfoot______Goodyear Tire & Rubber maximum price for such sales shall be to wholesalers shall include the costs of Company. transportation of the rubbers heels to the 40% of the price listed in Table I-A for (Subparagraph (2) as amended by sales of rubber heels of the same type and buyer’s place of business if the order in grade by. a shoe repairman. The maxi­ question amounts to one hundred pounds Amendments 2 and 4) mum price for attaching rubber heels or more. (Subparagraph (1) as amend­ (3) “Competitive grade” means war supplied by a purchaser shall be 60% of ed by Amendment 2.) rejects manufactured on or after Sep­ the price stated in Table I-A for sales (2) The seller may add to the maxi­ tember 1,1942, and all rubber heels man­ of rubber heels of the same type and mum prices stated in Table I-A for sales ufactured before that date, bearing the grade by a shoe repairman. tp shoe repairmen the same proportion following brand names and made by the (c) The maximum price stated in of transportation costs incurred in the following manufacturers: Table I-A for a sale by a shoe repairman delivery of rubber heels, that the seller Competitive includes all repairs made by the shoe required purchasers of the same class to pay during March 1942 on deliveries of Brand Manufacturer repairman in the process of attaching Ambassador-_____ Monarch Rubber Com­ rubber heels. (Paragraph (c) as amend­ rubber heels. (Subparagraph (2) as pany. ed by Amendment 2.) amended by Amendment 1.) Arrow______B. F. Goodrich Co.-Hood (d) (1) The maximum prices for sales (f) The prices set forth in Table I-A Rubber Co. to wholesalers shall be decreased by 5% shall not be increased by any charges for Cupples Delux____ Cupples Company. Cupples Ribbed___Cupples Company. if the purchaser pays cash within thirty the extension of credit. Foster______Holtite Manufacturing days after delivery of the rubber heels. (g) When used in this § 1315.1420: Company. (Subparagraph (1) as amended by * (1) “Super grade” means war rejects Greyhound______B. F. Goodrich Co.-Hood Amendment 2.) manufactured on or after September 1, Rubber Co. 1466 FEDERAL REGISTER, Wednesday, February 3, 1943

Brand Manufacturer Brand Manufacturer (i) Any rubber heel manufactured Holtite______Holtite Manufacturing Rite Pro______Bradstone Rubber Com­ after August 31, 1942, which contains Company. pany. fibers derived from square woven fab­ Jax______Holtite Manufacturing Roamer______Monarch Rubber Com­ rics, or other scrap materials, shall be Company. pany. . L. and R______:__The I. T. S. Company. Royal Balloon___P & B Rubber Company. deemed to be a V-4 heel if it has a mini­ Mercury______Goodyear Tire & Rubber Runner ______Goodyear Tire & Rubber mum abrasion of 30 and if it is made Co. Company. without washers. (Subparagraph (6) Monarch______Monarch Rubber Com­ Skylark______:___ Essex Rubber Company. as amended by Amendments 2 and 4.) pany. Slipknot.______Plymouth Rubber Com­ (7) “War reject’- means a rubber heel Monogram______Panther Panco Rubber pany. manufactured in accordance with the Company. Slipknot Double Plymouth Rubber Corn- specifications of a war procurement Pancrom Diamond Panther Panco Rubber Duty. pany. agency which has been rejected by that Grip. Company. Spartan______New Jersey Rubber Com­ Portage______Seiperling Rubber Com­ pany. agency because of defects that do not pany. Surestep______Panther Panco Rubber affect serviceability. (Subparagraph (7) Resolute______Goodyear Tire & Rubber Company. added by Amendment 4.) Company. Tauko______New Jersey Rubber Com­ (h) Tlie maximum price for sales by Ritz______The I. T. S. Company. pany. wholesalers to that class of wholesalers Springstep______U. S. Rubber Company. Velveton______Velveton Rubber Heel who, during March 1942, purchased rub­ Tredwell______O’Sullivan Rubber Com­ Corporation. ber heels from wholesalers at prices pany. Weartex ______Monarch Rubber Com­ Tite-Edge______Essex Rubber Company. pany. higher than those set forth in Table I-A Windsor______Hagerstown Rubber for sales to wholesalers is the price for (Subparagraph (3) as amended by Company. sales of the rubber' heels in question to Amendment 4.) shoe repairmen set forth in Table I-A (4) “Special competitive grade”(Subparagraph (4) as amended by less 20%. Paragraphs (d) (1) and (e) means war rejects manufactured op or Amendments 2 and 4.) (1) are applicable to such sales. (Para­ after September 1, 1942, and all rubber (5) “Corded” means rubber heels bear­graph (h) added by Amendment 2.) heels manufactured before that date, ing the following brand names and made the brand names of which are not spe­ by the following manufacturers, provided Issued this 1st day of February 1943. cifically listed in this paragraph (g) and that if they are manufactured after P rentiss M. B rown, all such rubber heels bearing the fol­ August 31, 1942, they must have a min­ Administrator. imum abrasion of 30.1 lowing brand names and made by the [F. R. Doc. 43-1728; Filed, February 1, 1943; following manufacturers: C orded 2:51 p. m.] Special Competitive Brand Manufacturer Brand Manufacturer Aristocrat Cord O’Sullivan Rubber Com­ Ace______Plymouth Rubber. Com­ Grip. pany. P art 1394—R ationing of F uel and F uel pany. Cat’s Paw Super Holtite Manufacturing P roducts Ace Double Duty.- Plymouth Rubber Com­ Cord. Company. pany. Corded Service___ O’Sullivan Rubber Com­ [Ration Order 11,* Amendment 4 to Adlife______Hagerstown Rubber pany. Supplement 1 s] Company. Biltrite Cord-on- Panther Panco Rubber Airway______Donovan Rubber Com­ end. Company. FUEL OIL RATIONING REGULATIONS pany. Goodyear Corded_ Goodyear Tire & Rubber Subparagraph (4) of § 1394.9101 (a) Armortred______Quabaug Rubber Com­ Company. is amended, as set forth below: pany. Gro-Cord______Lima Cord Sole & Heel Athletic______Queens Rubber Heel Company. § 1394.9101 Designation of unit value Company. Pancord Tuffgrip Panther Panco Rubber in gallons of fuel oil. (a) * * * Belmont______B. F. Goodrich Co.- Hy - Bloc Cord­ Company. (4) The value of one unit represented Hood Rubber Co. on-end. by coupons numbered “4” on Class 1 cou­ Camel______Victor Products Com­ U. S. Royal Cord_ U. S. Rubber Company. pon sheets, and the value of ten units pany. (Subparagraph (5) as amended by represented by coupons numbered “4” on Columbia______New Jersey Rubber Com­ Amendment 2.) Class 2 coupon sheets are hereby fixed pany. Coronet______Holtite Manufacturing (6) Except as provided in subdivision as: Company. (i) of this subparagraph, grades “V -l”, (i) Eight (8) gallons and eighty (80) Daisy.______Sehacht Rubber Manu­ “V-2”, “V-3”, and “V-4” mean rubber gallons of fuel oil, respectively, in the facturing Co. heels manufactured after August 31, States of Massachusetts, Rhode Island, Dictator______Holtite Manufacturing 1942, which can meet the following phys­ Connecticut, New York (except the coun­ Company. ical tests: ties of Clinton, Essex, Warren, Washing­ Duwear______Cupples Company. ton, Saratoga, Franklin, Hamilton, Ful­ E. Z______Hagerstown Rubber ton, Montgomery, St. Lawrence, Herki­ Company. Minimum abrasion mer, Otsego, Jefferson, Lewis and Onei­ Eagle.______Queens Rubber Heel da), New Jersey and Pennsylvania; Grade Tensile Company. All types strength Elm or______Queens Rubber Heel except Whole (ii) Nine (9) gallons and ninety (90) whole heels * gallons of fuel oil, respectively, in the Company. heels1 Fleetfoot______New Jersey Rubber Com­ States of Maine, New Hampshire, Ver­ pany. mont, the counties of Clinton, Essex, V -l...... 25 20 1,000 Gold Crown______Holtite Manufacturing V-2...... 20 16 800 Warren, Washington, Saratoga, Frank­ Company. V-3 ____ 15 12 500 lin, Hamilton, Fulton, Montgomery, St. Grippo ______Holtite Manufacturing V-4...... 10 8 400 Lawrence, Herkimer, Otsego, Jefferson, Company. Lewis and Oneida of the State of New Gueting______Gueting Rubber Com­ i A minus tolerance of 2 points from the specified aver­ York, the States of Delaware, Maryland, pany. age abrasion index requirements is permitted with an Gueting Service™ Gueting Rubber Com­ unlimited plus tolerance. The methods of Federal Virginia, West Virginia, North Carolina, pany. Specifications EA-ZZ-H-141 and ZZ-R-601 shall be South Carolina, Georgia, and Florida applicable to the specifications. Hy Way______Holtite Manufacturing s No minus tolerance is permitted for whole, heels. (east of the Apalachicola River), and Company. The methods of Federal Specifications EA-ZZ-H-141 the District of Columbia; Hi Test______Holtite Manufacturing and ZZ-R-601 shall be applicable to the specifications. (iii) Eleven (11) gallons and one hun­ Company. dred and ten (110) gallons of fuel oil, Leviathan______Victor Products Com­ * A minus tolerance of two points from the respectively, in the States of Iowa, Mich­ pany. specified average abrasion index requirements New Yorker_____ Velveton Rubber Heel is permitted with an unlimited plus tolerance. igan, Minnesota, Nebraska, Wisconsin, Corporation. The methods of Federal Specifications EA- Regent______U. S. Rubber Company. ZZ-H-141 and ZZ-R-601 shall be applicable *7 F.R. 8480. Reliance______U. S. Rubber Company. to the specifications. 2 7 F.R. 8708. FEDERAL REGISTER, Wednesday, February 3, 1943 1407 North Dakota and South Dakota, and set forth below, whichever is higher*: imum price is expressed as “plus” a spec­ those parts of the States of Ohio, Indi­ Provided, That where the adjusted max- ified amount, the amount specified is to ana, Illinois, Missouri and Kansas which be added to the seller’s maximum price lie in Thermal Zone B ; 8 This pricing formula is not applicable to as determined under said § 1499.2. (iv) Ten (10) gallons and one hundred certain retail sales in the New York Metro­ (100) gallons of fuel oil, respectively, in politan, Memphis, Tennessee, and Chicago, the State of Kentucky and in those parts Illinois areas under inferior subdivisions (a), csiling prices as determined under § 1499.2, of the States of Ohio, Indiana, Illinois, (n), and ip) below. Specific maximum General Provisions, of the General Maximum Missouri and Kansas which lie in Ther­ prices listed supersede entirely the seller’s Price Regulation. mal Zone C. OUT-OF-STORE SALES AND HOME-DELIVERIES* (b) Effective dates. * * * (5) Amendment No. 4 to Supplement Adjusted Locality Special type Grade Type of de­ Container Type of con­ No. 1 (§ 1394.9101) shall become effective livery size tainer maximum on January 31, 1943, 12:01 a. m. price (cants) m (Pub. Law 671, 76th Cong., as amended * * ■ * by Pub. Laws 89 and 507; Pub. Law 421; (n) Chicago, Illinois Standard milk or Approved. Out of store... More than 1 52 per gal. Area.4 buttermilk. gallon. W.P.B. Dir. No. 1, 7 F.R. 562, Supp. Dir. Approved. To the home.. More than 1 62 per gal. No. l-O, 7 F.R. 8418; E.O. 9125, 7 F.R. gallon. Approved. Out of store... Glass or paper. _ 52. 2719) Approved. To the home.. Glass or paper.. 621 Approved- Out of store... Y gallon___ Glass or paper.. 27. Issued this 31st day of January 1943. Approved. To the home.. Y gallon___ Glass or paper. . 32. Prentiss M. Brown, Approved. Out of store... Glass or paper. . UY. Approved. To the home.. Glass or paper... WA. Administrator. Approved. Out of store... P in t..____ Glass or paper.. 10Y. Homogenized, Vi- Approved. Out of store... More than 1 56 per gal. [F. R. Doc. 43-1726; Filed, February 1, 1943; tamin D, or Ho- gallbn. 5:10 p. m.] mogenizedVita- Approved. • To the home.. More than 1 66 per gal. min D. gallon. Approved. Out of store... Glass or paper... 56. Approved. To the home.. Glass or apper.. 66. Approved. Out of store... Y gallon___ Glass or paper.. 29. Approved. To the hom e.. Y gallon___ Glass or paper... 34. P art 1499—Commodities and Services Approved. Out of store... Glass or paper... 15Y. Approved- To the home.. Quart___'... Glass or paper__ 1 % [Amendment 104 to Supp. Reg. 141 to Approved. Out of store... Pint ______Glass or paper... 11. GMPR2] 4 Specific maximum prices listed supersede entirely the seller’s ceiling prices as determined under §1499.2, General CHICAGO AREA FLUID MILK AND CREAM Provisions, of the General Maximum Price Regulation. 6 In the case of single unit sales at retail, any maximum price expressed in a fraction of a cent must be reduced to the A statement of the considerations in­ lowest even cent if the fraction is less than H t and may be increased to the nearest higher even cent if the fraction is Yit or more. Home-deliveries shall be considered multiple unit sales unless separate collections are made for single unit volved in the issuance of this amendment deliveries. “Out-of-store sales” include sales by restaurants, hotels, cafes, bars, delicatessens, and other eating estab­ has been issued simultaneously here­ lishments. Maximum prices for Y pint and Y quart container sizes, as determined under §1499.2, General Provisions, with and filed with the Division of the of the General Maximum Price Regulation, remain the seller’s ceiling prices. Federal Register.* Inferior subdivision (») of subdivision Chocolate milk, certified, Guernsey, 4y2 % General Provisions, of the General Maxi­ B. F. (or more), and Sofkurd milk. The mum Price Regulation, or the applicable (i) of § 1499.73 (a) (1) is amended, and seller may add to his maximum retail price, inferior subdivision On) of subdivision as determined tinder § 1499.2, General Provi­ adjusted maximum price specified in the (ii) of § ¿499.73 (a) (1> is amended, as sions, of the General Maximum Price Regula­ schedule set forth below, whichever is set forth below: tion, an amount proportionate to the in­ higher6; Provided, That where the ad­ crease in his retail ceiling price for standard justed maximum price is expressed as § 1499.73 Modification of maximum milk sold in the same container size. “plus” a specified amount, the amount prices established by § 1499.2 of General Retail sales to other classes of purchasers. Maximum Price Regulation for certain Maximum prices for retail sales other than specified is to be added to the seller’s commodities, services, and transactions. out-of-store sales and deliveries-to-the-home maximum price as determined under (a) The maximum prices established by shall be the maximum wholesale prices fixed said § 1499.2. §1499.2 of the General Maximum Price in inferior subdivision (n) of subdivision (ii) of § 1499.73 (a) (1) below. “This pricing formula is not applicable to Regulation for the commodities, services, * * * * * and transactions listed below are modi­ certain sales at wholesale in the New York (ii) Maximum prices for fluid milk sold Metropolitan, Memphis, Tennessee, and fied as hereinafter provided: Chicago, Illinois areas under inferior sub­ (1) Fluid milk and cream—(i) Maxi­ at wholesale in specified localities. The divisions (h), (n), and (p) below. Specific mum prices for fluid milk sold at retail maximum price of fluid milk sold and maximum prices listed supersede entirely the in specified localities. The maximum delivered at wholesale, in the localities seller’s ceiling prices as determined under price of fluid milk sold and delivered at set forth below, shall be the seller’s maxi­ § 1499.2, General Provisions, of the General retail, in the localities set forth below, mum price as determined under § 1499.2, Maximum Price Regulation. shall be the seller’s maximum price as SALES AT WHOLESALE TO STORES, HOTELS, RESTAURANTS, INSTITUTIONS, AND OTHER determined under § 1499.2, General Pro­ (EXCEPT VENDORS OR SUBDEALERS) visions, of the General Maximum Price Regulation, or the applicable adjusted Adjusted maximum price specified in the schedule Locality Special type Grade Container size Type of maximum container price * Copies may be obtained from thè Office (cents) of Price Administration. *«* •• * 17 F. R. 5486, 5709, 5911, 6008, 6271, 6369, (n) Chicago, Illinois Standard milk or Approved... More than 1 gallon___ 48 per gal. 6473, 6477, 6774, 6775, 6776, 6887, 6892, 6939, Area.7 buttermilk. 6965, 7011, 7012, 7203, 7250, 7289, 7365, 7400, Approved... Gallon...... Glass or paper ..■ 48. 7401, 7453, 7510, 7511, 7535, 7536, 7538, 7604, Approved... Y gallon______Glass or paper.. 25. 7739, 7671, 7812, 7914, 7946, 8024, 8199, 8237, m Approved... Quart______Glass or paper... 13. 8351, 8358, 8524, 8652, 8707, 8881, 8899 , 8950, Approved... Pint...... Glass or paper... 9Y- Approved... Y pint______Glass or paper... BY. 8954, 8955, 8953, 9043, 9082, 9131, 9196, 9391, Approved... Y quart------Glass or paper. . 6. \ 9397, 9495, 9496, 9639, 9786, 9900, 9901, 10069, Homogenized, Vita- Approved... More than 1 gallon___ 52 per gal. 10111, 10022, 10151, 10231, 10294, 10346,10381, min D, and Ho- 10480, 10537, 10557, 10583, 10705, 10865, 11005; mogenized-V itamin 8 F. R. 276, 439, 535, 494, 589, 863, 1139, 980, Approved... Gallon...... Glass or paper... 52. 1030, 876, 1121, 878, 1142, 1279. Approved... Y gallon______Glass or paper... 27. 2 7 F. R. 3153, 3330, 3666, 3990, 3991, 4339, Approved... Quart...... Glass or paper... 14. Approved... Pint______Glass or paper... 10. 4487, 4659, 4738, 5027, 5192, 5276, 5365, 5445, Approved— Y pint______Glass or paper__ 6%. 5484, 5565, 5775, 5783, 5784, 6007, 6058, 6081, Approved__ Y quart...... Glass or paper__ BY- 6216, 6615, 6794, 6939, 7093, 7322, 7454, 7758, 7913, 8431, 8881,^8942, 9004, 9435, 9615, 9616, 7 Specific maximum prices listed supersede entirely the seller’s ceiling prices as determined under §1499.2, General 9732, 10155, 10454; 8 F. R. 371, 1204. Provisions, of the General Maximum Price Regulation. 1468 FEDERAL REGISTER, Wednesday, February 3, 1943 Chocolate milk, certified, Guernsey 4y2% B. § 1351.808 Exempt sales. * * * (Pub. Laws 421 and 729, 77th Cong.; F. (or more), and Soficurd milk. The seller (j) Fluid milk sold at wholesale in E.O. 9250, 7 F.R. 7871) may add to his maximum wholesale price, as bulk (other than in glass or paper con­ determined under § 1499.2, General Provi­ Issued this 1st day of February 1943. sions, of the General Maximum Price Regula­ tainers) to stores, hotels, restaurants, tion, an amount proportionate to the in­ and institutions in the Chicago, Illinois P rentiss M. B rown, crease in his wholesale ceiling price for stand­ area. Maximum prices for such sales Administrator. ard milk sold in the same container size. are set in subdivision (ii) of § 1499.73 (a) [F. R. Doc. 43-1699; Filed, February 1, 1943* Sales at wholesale to vendors or subdealers. (1) of Supplementary Regulation No. 14 12:17 p. m.] The foregoing specific maximum whole prices to the General Maximum Price Regula­ for sales to stores, hotels, restaurants, and in­ tion. (Amendment No. 104 to Supple­ stitutions are not applicable to sales and deliveries made to vendors or subdealers, i. e. mentary Regulation No. 14.) fluid milk distributors who do not operate § 1351.816 Definitions, (a) When used pasteurizing plants, regardless of whether in this Maximum Price Regulation No. P art 1499—Commodities and Services they operate milk depots. The seller’s maxi­ 280, the term: [Order 256 Under § 1499.3 (b) of GMPR] mum prices for sales to vendors or subdealers * .* * * * • shall be his established maximum price under CAP sales corporation § 1499.2, General Provisions, of the General (7) “Chicago, Illinois area” means the Maximum Price Regulation plus 40 for gal­ territory included in the marketing area For the reasons set forth in an opinion lon, 30 tor half gallon, l%(t for quart, and geographically defined in Federal Milk issued simultaneously herewith, It is y2'

K. FEDERAL REGISTER, Wednesday, February 3, 1943 1469

P art 1499—C o m m o d it ie s a n d S e r v ic e s rates for applicant’s services as a con­ (2) Interstate rates. (1) Truckload [Order 257 Under $ 1499.3 (b) of GMPR] tract carrier by motor vehicle the fol­ shipments of freight may be stopped at lowing charges: point of destination, or at points directly REEVES STEEL MANUFACTURING CO. All rates In cents per hundred pounds, intermediate between origin and desti­ Approval of prices for certain five- unless otherwise specified. nation, for partial unloading under the gallon steel cans. following conditions: For reasons set forth in an opinion (1> Intrastate rates, (i) Truckload (a) The names of places or addresses issued simultaneously herewith and filed shipments of freight may be stopped at at which the vehicles are to be stopped with the Division of the Federal Register, point of destination, or at points direct­ for partial unloading shall be shown ei­ pursuant to and under the authority ly intermediate between origin and des­ ther in the shipping order or in a sepa­ vested in theJPrice Administrator by the tination, for partial unloading under the rate paper which shall be attached to Emergency Price Control Act of 1942, as following conditions: and considered a part of the shipping amended, Executive Order 9250 and (a) The rate from original point to document. § 1499.3 (b) of the General Maximum final destination (place of final delivery) (b) The rate from original point to Price Regulation, It is hereby ordered: will apply on the total weight of the final destination (place of final delivery) shipment, i. e., the weight before the § 1499.1493 Authorization to Reeves will apply on the total weight of the ship­ Steel and Manufacturing Company for first stop is made for the partial un­ ment, i. e., the weight before the first sale of certain five-gallon steel cans, (a) loading. stop is made for the partial unloading. On and after the effective date of this (b) Only three stops, exclusive of the (c) Only three stops, exclusive qf the Order No. 257, Reeves Steel and Manu­ stop for final delivery, for partial un­ stop for final delivery, for partial unload­ facturing Company, of Dover, Ohio, is loading shall be permitted. ing shall be permitted. authorized to sell and deliver and offer (c) The charge for each stop-off, ex­ (d) The charge for each stop-off, ex­ to sell and deliver “Uncle Sam” brand clusive of the stop for final delivery, clusive of the stop for final delivery, shall five-gallons galvanized steel ash and gar­ shall be $4. be $4. bage cans and covers at prices not to (ii) A charge of 20 per 100 pounds in (ii) Rates on petroleum and petroleum exceed those set forth in paragraph (b) addition to the published rate will be products in containers, in truckload hereof, and any person may buy and made for split-delivery shipments. quantities, minimum weight 21,000 lbs., receive or offer to buy and receive such (iii) Rates between Philadelphia, from Philadelphia, Pa. cans and covers at such prices from Pennsylvania, Reeves Steel and Manufacturing Com­ to— pany. on petroleum on empty contain­ Atlantic City, N. J______16 products, anti­ ers returned and Baltimore, Md______119 (b) Maximum prices, per dozen: Cans, freeze c o m ­ on service station Bridgeton, N. J______13 $36.35; covers, $10.00; cans and covers, pounds, auto­ equipment pumps, Burlington, N. J______10 $46.35. mobile accesso­ pump parts, used Camden, N. J______8 Discounts: For less than carload lots, ries and equip- automobile parts, Cape May Court House, N. J______17 50-10-5%, with actual freight allowed ment, mini­ old used tires and Carney’s Point, N. J______19 up to $1.00 per hundred pounds; for car­ mum w e ig h t miscellaneous al­ Clayton, N. J______13 load lots, 60-5%, with actual freight 21,000 lbs. lied materials. Hammonton, N. J______10 and— Millville, N. J______14 allowed up to $.50 per hundred pounds. Allentown, Pa______16 ______*20 Mount Holly, N. J______11 For banding or striping, to order, add: Altoona, Pa ______31 ______34 Newark, N. J______19 For one band or stripe, $.40 per dozen Bloomburg, Pa______25 ______27 New York, N. Y______19 net; for two bands or stripes, $.80 per B u tler, P a ______35 ______38 Ocean City, N. J______20 dozen net. C ain, P a ______12 ______16 Paulsboro, N. J______10 (c) This Order No. 257 may be revoked Carbondale, Pa ______27 ______30 Philadelphia, Pa____!______8 or amended at any time by the Office of Carlisle, Pa______24 ______25 Pleasantville, N. J______15 Price Administration. Chambersburg, Pa ___ 27 ______29 Salem, N. J______14 Coatesville, Pa ______12 ...... — 16 Trenton, N. J______10 . (d) This Order No. 257 (§ 1499.1493) Earnest, Pa______10 ______. . . . . 15 Washington, D. C______23 shall become effective February 2,1943. East Greensburg, Pa_. 35 ______38 Wildwood, N. J______.______21 (Pub. Laws 421 and 729, 77th Cong.; E.O. East York, Pa______18 ______23 Williamstown, N. J______10 9250, 7 F.R. 7871) Eldorado, Pa______31 ______34 Wilmington, Del______11 Erie, P a ______38 ______42 Issued this 1st day of February 1943. Franklin, Pa______35 ______39 (iii) Rates on empty petroleum prod­ Harrisburg, Pa______18 ______24 ucts containers and on refused, rejected, P r e n t i s s M. B r o w n , Hazleton, Pa ______22 ______24 or unclaimed shipments of petroleum Administrator. Honesdale, Pa ______29 ______31 and petroleum products in any quanti­ [F. R. Doc. 43-1701; Filed, February 1, 1943; Johnstown, Pa ______33 ______35 ties, to Philadelphia* Pa., 12: 16 p. m.] Kittanning, Pa______35 ______38 Lancaster, Pa______15 ______21 from — Lebanon, Pa______18 ______*22 A tla n tic C ity, N . J ______21 Lock H aven, P a______29 ______32 Baltimore, Md______23 B ridgeton, JNT. J ______19 P art 1499—C o m m o d it ie s a n d S e r v ic e s McKeesport, Fa ______35 ______38 Meyersdale, Pa______33 ...... 35 Burlington, N. J ______16 [Order 19 Under Supp. Reg.] New Castle, Pa______37 ______41 Camden, N. J ______14 Morristown, Pa ______10 ______15 Cape May. Court House, N. J ______J 1 GUERIN SPECIAL MOTOR FREIGHT LINQ, INC. Northumberland, Pa_ 25 ______27 Carney’s Point, N. J ______16 Oil City, Pa ______37 ______41 C layton, N . J ______19 Order 19 under § 1499.75 (a) (3) of Philipsburg, Pa ______31 ______34 H a m m o n to n , N. J __r______17 Supplementary Regulation No. 15 to the Pittsburgh, Pa______35 ...... 38 Millville, N. J ______.______19 General Maximum Price Regulation— Pottstown, Pa______12 ______18 Mount Holly, N. J ______16 Docket No. GF3-1948. P o ttsv ille, P a ______21 ______*23 N ew ark, N. J______27 For the reasons set forth in an opin­ R ead in g, P a ______14 ______*20 New York, N. Y ______27 ion issued simultaneously herewith, It is Scranton, Pa ______25 ______27 Ocean City, N. J ______24 ordered: Shamokin, Pa______24 ______*26 Paulsboro, N. J ______16 Shenandoah, Pa _____ 22 ______24 Philadelphia, Pa______14 § 1499.1319 Adjustment of maximum Steelton, Pa ______18 ______23 Pleasantville, N. J ______20 prices for contract carrier services by S tow e, P a ______12 ______*18 Salem, N. J __ ;______19 Guerin Special Motor Freight Line, Inc. Sunbury, Pa ______25 ______1 27 Trenton, N. J ______16 of Philadelphia, Pennsylvania, (a) Washington, Pa ______35 ______38 Washington, D. C______t______30 West Brownsville, Pa. 35 ______39 Wildwood, N. J______25 Guerin Special Motor Freight Line, Inc., Wilkes-Barre, Pa _____ 25 ______27 Williamstown, N. J ___!______16 2210 North 26th Street, Philadelphia, Williamsport, Pa_____ 28 ______31 Wilmington, Del______16 Pennsylvania, hereinafter referred to Y ork, P a...... 18 ...... 23 as applicant, may charge as maximum (b) All requests of the application ♦Applies only on empty containers returned. not granted herein are denied. No. 23------6 1470 FEDERAL REGISTER, Wednesday, February 3, 1943

(c) This Order No. 19 may be revoked Issued this 31st day of January 1943. Zone 3: The States of Maryland and Vir­ ginia and the District of Columbia. or amended by the Price Administrator R . K . D a v ie s , Zone 4: The States of North Carolina and at any time. Acting Petroleum (d) This Order No. 19 (§ 1499.1319) is South Carolina. Administrator for War. Zo ne 5: The State of Georgia and that part hereby incorporated as a section of Sup­ of the State of Florida east of the Apalachi­ plementary Regulation No. 14 which* [F. R. Doc. 43-1730; Filed, February 1, 1943; cola River. contains modifications of maximum 6:08 p. m.] Zo ne 6: That part of the States of New prices established by § 1499.2. York and Pennsylvania not included in Zone 2, and the State of West Virginia. (e) This Order No. 19 (§ 1499.1319) [Petroleum Administrative Order 1, as shall become effective February 2, 1943. Amended February 1, 1943] (10) “Quota” means the specific quan­ (Pub. Laws No. 421 and 729, 77th Cong., P art 1545—P e t r o l e u m S u p p l y tities of motor fuel and fuel oils specified E.O. 9250, 7 F.R. 7871) on Schedule A to be available to any Section 1545.1 Petroleum Administra­ supplier for delivery or withdrawal in Issued this 1st day of February 1943. tive Order 1 is hereby amended to read each zone of District One from bulk ter­ ** P r e n t is s M . B r o w n , as follows: minals and refineries located in such Administrator. § 1545.1 Petroleum Administrative Or­ zone during each quota period specified [F. R. Doc. 43-1691; Filed, February 1, 1943; der 1—(a) Definitions. (1) “Person” on Schedule A, excluding withdrawals or 12:16 p. m.] means any individual, partnership, asso­ deliveries for export: Provided, That di­ ciation, business trust, corporation, gov­ rect deliveries of motor fuel or fuel oil ernmental corporation or agency, or any to any person within any zone by any organized group of persons, whether in­ supplier from any point outside of Dis­ P art 1499—C o m m o d it ie s a n d S e r v ic e s corporated or not. trict One other than deliveries to a re­ [Order 20 Under Supp. Reg. IS of GMPR] (2) “Motor fuel” means liquid fuel, finery or bulk terminal owned or oper­ including Diesel fuel, used for the pro­ ated by a supplier shall be deemed to be FREEDMAN MOTOR SERVICE, INC. pulsion of motor vehicles or motor boats a delivery or withdrawal by the deliver­ Order No. 20 under § 1499:75 (a) (3) and shall include any liquid fuel to which ing supplier from a bulk terminal or of Supplementary Regulation No. 15 to Federal gasoline taxes apply except liquid refinery in the zone in which delivery is the General Maximum Price Regula­ fuel used for the propulsion of aircraft. made. tion-Docket No. GF3-2145. (3) “Fuel oil” means any liquid petro­ (11) “Quota period” means the period For the reasons set forth in an opinion leum product commonly known as fuel of time specified on Schedule A for the issued simultaneously herewith, It is oil, including Grades No. 1, 2, 3, 4, 5, and withdrawal or delivery by any supplier ordered: 6, Bunker “C”, Diesel oil, kerosene, range of any quota assigned on such schedule oil, gas oil, or any liquid petroleum prod­ to such supplier. § 1499.1320 Denied of adjustment of (b) Restrictions on delivery of motor maximum prices for transportation serv­ uct used for the same purposes as the above designated grades. fuel and fuel oil. (1) No supplier shall ices sold by Freedman Motor Service, withdraw or deliver, or cause to be with­ Inc., 56 Pearl Street, Metuchen, New Jer­ (4) “Refinery” means any manufac­ drawn or delivered, any motor fuel or sey. (a) The application for adjustment turing establishment within District One fuel oil from any bulk terminal or re­ filed by the above company and assigned which processes, refines, or compounds finery in District One in any quota period Docket No. GF3-2145 is denied. crude petroleum or finished or unfinished except: (b) This order No. 20 (§ 1499.1320) petroleum products, including, but not (i) Withdrawals or deliveries of any shall become effective February 2, 1943. limited to, the terminal, storage, and motor fuel or fuel oil from any refinery distribution facilities at such establish­ or bulk terminal for delivery to any bulk (Pub. Laws 421 and 729, 77th Cong.; ment. E.O. 9250, 7 F.R. 7871) terminal in District One; or (5) “Bulk terminal” means any termi­ (ii) As specifically directed by the Issued this 1st day of February 1943. nal or storage facility within District One Petroleum Administrator for War pur­ to which motor fuel or fuel oil from any P r e n t i s s M . B r o w n , suant to a directive issued under para­ Administrator. point outside of the District is delivered graph (c) of this order; or for redelivery. (iii) As specifically authorized upon [F. R. Doc. 43-1696; Filed, February 1, 1943; (6) “Supplier” means any person des­ application filed under paragraph (i) of 12:16 p. m.] ignated as such on Schedule A. this order; or (7) “Secondary supplier” means any (iv) As permitted under the terms of person other than a supplier who regu­ paragraph (e) of this order. Chapter XIII—Petroleum Administration larly receives motor fuel or fuel oil for (c) Directed deliveries. In order to for War redelivery. ' ' provide an equitable distribution to con­ (8) “District One” means the States sumers and among all units of the pe­ [Petroleum Administrative Order 2 as of Maine, New Hampshire, Vermont, Amended Jan. 31, 1943] troleum industry of all available supplies Massachusetts, Connecticut, Rhode of motor fuel or fuel oil in District One, P art 1515—P e t r o l e u m P r o d u c t io n Island, New York, Pennsylvania, New without regard to the ownership or con­ O p e r a t io n s # Jersey, Delaware, Maryland, Virginia, trol of any such motor fuel or fuel oil West Virginia, North Carolina, South by any supplier or secondary supplier, Section 1515.1 Petroleum Admin­ Carolina, Georgia, and Florida (east of istrative Order 2 is hereby amended to or to accomplish any other purpose or the Apalachicola River), and the Dis­ objective of this order, the Petroleum read as follows: trict of Columbia. Pursuant to Conservation Order M-68 Administrator for War may at any time as amended January 4, 1943 (§ 1047.1) , (9) “Zone” means any of the six terri­ issue specific directions to any supplier torial divisions of District One, as or secondary supplier with respect to the § 1047J.0 Supplementary Order M-68-5, follows: as amended October 23, 1942 is renum­ withdrawal or delivery of any motor bered § 1515.1 of this chapter and is re­ Z o n e 1: The States of Maine, Vermont, New fuel or fuel oil. issued effective today. This order shall Hampshire, Massachusetts, Connecticut, and (d) Unrestricted deliveries. With­ continue in effect until April 1, 1943, Rhode Island. drawals or deliveries of any motor fuel Zone 2: The entire eastern part of the or fuel oil from any refinery or bulk unless sooner revoked by the Petroleum State of New York up to and including the Administrator for War or the Deputy terminal for delivery to another supplier Counties of Cayuga, Tompkins, and Che­ pursuant to (1) the provisions of Direc­ Petroleum Administrator for War. mung; the entire eastern part of the State of Pennsylvania up to and Including the tive 59 of the Petroleum Coordinator for (E.O. 9276, 7 F.R. 10091; E.O. 9125, 7 Counties of Bradford, Sullivan, Columbia, War, 7 F.R. 7759, and any amendments F.R. 2719; sec. 2 (a). Pub. Law 671, 76th Montour, Northumberland, Dauphin, and or modifications thereof,' (2) repayments Cong., as amended by Pub. Laws 89 and York; and the-States of New Jersey and of loans, or (3) exchanges, shall not be 507, 77th Cong.) D elaw are. deducted from the quota of the deliver- FEDERAL REGISTER, Wednesday, February 3, 1943 1471 ing supplier but such deliveries* if not sons to receive motor fuel or fuel oil in said agencies, withdraw and deliver to otherwise exempt from quota restrictions compliance with such order or directive; such agency any part or all of such sup­ under the provisions of this order, shall (iii) The balance of the supplies of plier’s undelivered quota. be deemed to have been withdrawn from motor fuel and fuel oil available for dis­ (i) Application for authorization. a bulk terminal or refinery by the receiv­ tribution by any supplier or secondary Each supplier seeking authorization ing supplier. supplier shall be delivered in such a man­ to withdraw or deliver motor fuel or fuel (e) Permitted deliveries. (1) Nothing ner as to provide for an equitable distri­ oil pursuant to paragraph (b) (1) (iii) contained in this order shall restrict the bution of such supplies among the re-' hereof, shall apply in writing to the Pe­ withdrawal or delivery by any supplier maining customers. troleum Administrator for War, setting from any bulk terminal or refinery of (2) If any secondary supplier is unable forth the pertinent facts and the rea­ the quantities of mfitor fuel and fuel oil to obtain deliveries of motor fuel or fuel sons he considers such withdrawal or listed on Schedule A, as the quota of oil because his supplier or suppliers has delivery to be necessary in the public such supplier: Provided, That all of the or have completely or substantially dis­ interest. following conditions are met: continued any class of business, then (j) Records. All suppliers affected by (i) Any such withdrawal or delivery such secondary supplier may file applica­ this order shall keep and preserve for is made within the quota period speci­ tion with the District Director of Market­ not less than two years accurate and fied on Schedule A for the withdrawal ing for District One of the Petroleum complete records concerning withdraw­ or delivery of such quota; Administration for War. The District als and deliveries by such suppliers from (ii) The quantity of any such with­ Director of Marketing shall, if he finds bulk terminals and refineries. drawal or delivery by the supplier does that the facts warrant the relief re­ (k) Reports. Each supplier to whom not, when added to all preceding de­ quested, designate one or more suppliers this order applies shall file with the Pe­ liveries and withdrawals by such supplier to make deliveries to such supplier and troleum Administrator for War by the during the quota period, exceed any the supplier or suppliers so designated 10th day of the next succeeding month quota specified on Schedule A for such a report for each zone in which such supplier; shall make such deliveries as directed. (g) Inventory restrictions. No person supplier makes any withdrawal or de­ (iii) Such withdrawal or delivery is may deliver or otherwise supply motor livery of motor fuel or fuel oil, stating made, so far as practicable so that the. fuel or fuel oil to any storage location the quantity of motor fuel and fuel oil, quota against which it is charged will be (other than a refinery or bulk terminal) broken down by grades, withdrawn or withdrawn or delivered ratably during owned, operated or controlled by such delivered by him from any bulk terminal the quota period; person or by any other person and no or refinery in each zone during any (iv) Such withdrawal or delivery is person may accept delivery of : month. made for ultimate use within the zone (l) Communications. All reports re­ in which is located the bulk terminal (1) Motor fuel at such a storage loca­ tion where the amount of motor fuel at quired to be filed hereunder, and all com­ or refinery from which the withdrawal such storage location is equal to or ex­ munications concerning this order, shall, or delivery is made: Provided, That this ceeds the amount of motor fuel which unless otherwise directed, be addressed limitation shall not apply to any deliv­ to: The District Director in Charge, Pe­ ery between zones which is made in the would normally be withdrawn from such established and regular course of busi­ storage location to meet rationed de­ troleum Administration for War, 122 ness, and such deliveries shall be charged mands during the 10 days next follow­ East 42nd Street, New York, New York, against the quota of the delivering sup­ ing the date upon which the delivery Ref: PAO 1. plier in the zone in which the delivery is made; or (m) Appeals. Any appeal from the is made. (2) Fuel oil at such a storage location provisions of this order shall be made (f) Method of distribution. (1) Each where the amount of fuel oil atj such by filing a letter, in triplicate, -referring supplier and each secondary supplier storage location is equal to or exceeds to the particular provision appealed shall apportion such motor fuel and fuel the amount of fuel oil which would nor­ from and stating fully the grounds of oil as he has available for distribution mally be withdrawn from such storage the appeal. among customers which during the cal­ location under normal - weather condi­ tions to meet rationed demands during (n) Violations. Any person who wil­ endar year 1942 were receiving from him fully violates any provision of this or­ as a regular source of supply the whole the 10 days next following the date upon which the delivery is made: der, or who, by any act or omission, fal­ or any part of their requirements or sifies records kept or information fur­ which have been assigned to him as here­ Provided, (i) That any single delivery of inafter provided, and such distribution motor fuel or fuel oil by means of a nished in connection with this order is shall be without discrimination except transportation facility generally used in guilty of a crime and upon conviction that uniform differentiation in deliveries such delivery, which brings the amount may be punished by fine or imprison­ based upon the relative inventories ex­ of motor fuel or fuel oil at such a stor­ ment. pressed in days’ supply on hand in cus­ age location to an amount equal to or Any person who wilfully violates any tomer’s storage shall not be deemed to in excess of the foregoing amounts, may provision of this order may be prohibited be discrimination. The apportionment be completed, and (ii) that nothing in from delivering or receiving any ma­ shall be made in such a manner as to this paragraph shall be deemed to ap­ terial under priority control, or such provide for an equitable distribution of ply to the delivery of motor fuel or fuel other action may be taken as is deemed such motor fuel and fuel oil j^mong all oil to any agency referred to in para­ appropriate. consumers coming within the classifica­ graph (h), and (iii) that nothing in this (o) Applicability of quota restrictions. tions named below whether such con­ paragraph shall be deemed to apply to Paragraphs (b), (d), (e), and £j) shall sumers are buying directly or indirectly the delivery of motor fuel to any retail from such supplier or secondary supplier. apply only during the periods in which filling station or to the delivery of fuel oil any quota or quotas are in effect and The apportionment shall be made as to any private dwelling (as defined in follows: Ration Order No. 11, as amended, issued only to the particular product or prod­ (i) Preferential deliveries to persons by the Office of Price Administration). ucts for which quotas have been estab­ specified in paragraph (h) hereof en­ (h) Preferential deliveries. Each sup­ lished for such periods. titled to their minimum necessary re­ plier shall, in making any withdrawal or (E.O. 9^76, 7 F.R. 10091; E.O. 9125, 7 quirements; delivery of motor fuel or fuel oil, give F.R. 2719; sec. 2 (a), Pub. Law 671, 76th (ii) If at any time any Federal regu­ preference to the requirements of the Cong., as amended by Pub. Laws 89 and latory agency, having jurisdiction with Army and the Navy of the United States, 507, 77th Cong.) respect thereto, shall issue an order or the Coast Guard, the War Shipping Ad­ directive classifying consumers entitled ministration, the United States Mari­ Issued this 1st day of February 1943. to priority or preference in procurement time Commission, and the Office of Lend- R. K. D avies, of motor fuel or fuel oil, then deliveries Lease Administration; and any supplier Acting Petroleum shall be made so as to permit such per­ shall, upon demand by any one of the Administrator for War. 1472 FEDERAL REGISTER, Wednesday, February 3, 1943

SCHEDULE A Supplier—Continued. Gasoline Supplier—Continued. Gasoline Arkansas Fuel Oil Co______484 Crown Central Petroleum Corp____ 401 D istrict O n e —Zone On e Ashland Oil & Refining Co______185 Elk R efin in g C o______070 February 1943 Atlantic Refining Co___ a.___ __~a_ 1,191 Freedom Oil Co______!______320 Cantelou (S. D. ) Petroleum Prod­ Frontier Fuel OU Corp___,______003 [Quotas expressed In barrels per day] ucts______G {ill Oil Corp______4 743 Supplier : G asoline Cities Service Oil Co______334 Hambleton Terminal Corp______’ 415 American Ditumuls Co______Continental Oil Co______1,060 Hartel Products Corp______25 American Mineral Spirits Co______? Elk Refining Co______83 Kendall Refining Co______1 150 Atlantic Refining Co______2 ,6 1 6 Gulf Oil Corp______.______8,006 M aritim e- P etro leu m C o rp .______C ities Service O il Co______3 ,0 3 4 Hartel Products Corp______.______Pan-American Petroleum and Trans­ Crown Central Petroleum Corp____ 144 Pan-American Petroleum and p ort C o— ------* ------3,312 F ir st N a tio n a l Corp______Transport Co______5,557 Pennsylvania Refining Co______236 Gulf Oil Corp______6 ,3 7 6 Patterson & Co., Inc______Pennzoil Co______j 77g Hartol Products Corp______929 Petrol Corp______894 Pure Oil Co______* ’ 610 J o n e s & Co______Petroleum Heat and Power Co., Maritime Petroleum Corp______Quaker State OU Refining Corp. of Ind______s______P e n n ------...... 1)561 Pacific Oil Co___I______Pure Oil Co______'______957 Pan-American Petroleum and Quaker State Oil Refining Corp. of Republic Oil Refining Co______250 Transport Co______4 ,199 Penn______R ich field O il Corp______003 P etrol Corp______296 -- Shell Oil Co., Inc ____ ;______235 Republic Oil Refining Co______373 Sinclair Refining Co______1,830 Petroleum Heat & Power Co______Richfield Oil Corp______2, 313 Q u in cy O il Co______226 Socony-Vacuum Oil Corp______4*693 Shell Oil Co., Inc______1,589 S on n eb orn S on s, I n c ______’ log Richfield Oil Corp______1 ,8 5 7 Sinclair Refining Co______1,339 Royal Petroleum Corp______46 Standard Oil Co. of N. J ______7,110 Standard Oil Co. of N. J______10,321 , S u n O il Co______4! 915 Shell Oil Co., Inc ______3 ,8 3 0 Sun Oil Co______1,125 Sinclair Refining Co______>______964 T exas Co...... 2,936 Texas Co______._____ 4,188 Tidewater Associated Oil Co______828 Socony-Vacuum Oil Co______12, 217 Tide Water Associated Oil Co_____; 527 Standard Oil Co. of N. J ______5,481 United Refining Co______730 Valvoline Oil Co______Valvoline Oil Co______K 289 State Fuel Co______Viking Distributing Co____ >_____ 30 Sun Oil Co_.______4,169 Viking Distributing Co______179 Waverly Oil Works Co______158 T ex a s Co______5,1 8 9 D istrict On e —Zo n e F our Tide Water Associated Oil Co______4, 642 Wolf’s Head Oil Refining Co______i i 8 United Refining Co______!______February 1943 [F. R . D oc. 43-1729; F iled , February 1, 1943; Valvoline Oil Co______143 [Quotas expressed in barrels per day] W hite Fuel Corp______5:08 p. m.] Supplier: Gasoline D istrict O n e —Zo n e T w o Arkansas Fuel Oil Co______832 February 1943 Atlantic Refining Co______1,064 Continental Oil Co______339 [Quotas expressed in barrels per day] Elk Refining Go______Supplier: Gasoline Gulf Oil Corp______4,602 TITLE 49—TRANSPORTATION AND Alleghany Refiners, Inc______29 Pan-American Petroleum and Trans­ American Mineral Spirits Co___.______port Co— ______l, 721 RAILROADS Ashland Oil & Refining Co______Pure Oil Co______2,229 Chapter I—Interstate Commerce Asiatic Petroleum Co______Republic Oil Refining Co______866 Atlantic Refining Co______10,945 Richfield Oil Corp______55 Commission Bradford Penn Refining Corp______10 Riverside Terminal Co______;______297 Snbchapter D—Freight Forwarders Central Petroleum Co______Shell Oil Co., Inc______2,354 Cities Service Oil Co______3, 873 Sinclair Refining Co______2,008 P art 445—Annual Reports Continental Oil Co______1, 228 Standard Oil Co. of N. J______8, 577 Crown Central Petroleum Co_____ 469 Texas Co______3,429 FORM PRESCRIBED FOR FREIGHT FORWARDERS First National Oil Corp______45 At a session of the Interstate Com­ Frontier Fuel Oil Corp______D istrict O n e —Zone F ive merce Commission, Division 1, held at its Gulf Oil Corp___ ...... 10, 636 February 1943 office in Washington, D. C., on the 18th Hambleton Terminal Corp______57 Hartel Products Corp.______1,213_ [Quotas expressed in barrels per day] day of January, A. D. 1943. In the matter of Annual Reports from Hess Brothers______Supplier: Gasoline Home Fuel Oil Co______Arkansas Fuel Oil Corp______565 Freight Forwarders, and the correspond­ Jones & Co______5______Atlantic Refining Co______1,046 ing section of the Code of Federal Regu­ Kendall Refining Co______Belcher Oil Co______lations, the following order was issued: Maritime Petroleum Corp______Continental Oil Co______61 Pan-American Petroleum and Gulf Oil Corp______'______5,486 § 445.1 Form prescribed for freight Transport Co______6,186 Orange State Fuel Cil Corp______1,493 forwarders, (a) All freight forwarders Patterson & Co., Inc______Pan-American Petroleum and Trans­ within the scope of section 412, Part IV Pennsylvania Refining Co______port Co______2,053 of the Interstate Commerce Act having Pennzoil Co______Pure Oil Co______4,123 annual gross revenues for the calendar Petrol Corp______,______652 Republic Oil Refining Co______602 year 1942 of $100,000 or more, are hereby Petroleum Heat & Power Co., Inc______• Shell Oil Co., Inc______1,816 Pure Oil Co______809 required to file annual reports for the Sinclair Refining Co ______2, 725 year ended December 31, 1942, and for Quaker State Oil Refining Co., Southeastern Oil Co______140 Penn______:______51 Standard Oil Co. of Ky______6,711 each succeeding year until further order, Richfield Oil Corp______4,394 Standard Oil Co. of N. J______in accordance with Annual Report Form Royal Petroleum Corp______137 Sun Oil Co______692 Fa (Freight Forwarder), which is hereby Shell Oil Co., Inc______5,049 Texas Co______3,453 Sinclair Refining Co______4,602 approved and made a part of this order.1 Socony-Vacuum Oil Co., Inc_____ 14, 889 D istrict On e —Zone S ix ft (b) The annual report shall be filed, Sonneborn Sons, Inc_____ ¿______2 February 1943 in duplicate, in the Bureau of Trans- Standard Oil Co. of N. J______20, 585 „ port Economics and Statistics, Interstate Sun Oil Co______... 10,190 [Quotas expressed in barrels per day] - Commerce Commission, Washington, D. Texas Co______12,037 S u p plier: Gasoline C., on or before March 31 of the year Tide Water Associated Oil Co_____ 7, 672 Alleghany Refiners Co______73 United Refining Co_____ «______following the one to which it relates. Valvoline Oil Co______.______28 Ashland Oil & Refining Co______1,483 Atlantic Refining Co______4 ,9 3 5 (Sec. 412, 56 Stat. 294; 49 U.S.C. 1012) D istrict On e —Zo n e T hree Bradford Penn Refining Corp_____ 182 Canfield Oil Co______26 By the Commission, Division 1. February 1943 Cantelou (S.D.) Petroleum" Prod____ 47 [ s e a l ] W. P. B artel, [Quotas expressed in barrels per day] Carbide & Carbon Chemical Corp__ 423 Secretary. Supplier Gasoline Cities Service Oil Co______654 American, Bitumuls Co______* ______Continental Oil Co______22 [F. R. Doc. 43-1739; Filed, February 2, 1943; A m erican M ineral S p irits Co______Continental Refining Co______194 11:15 a. m.] FEDERAL REGISTER, Wednesday, February 3, 1943 1473

Part 445—Annual R eports It is further ordered, That the relief herein granted shall be terminated upon form prescribed for freight Notices the completion of the shipment of 19,600 FORWARDERS tons of coal pursuant to this order, and At a session of the Interstate Com­ DEPARTMENT OF THE INTERIOR. in no event later than May 31,1943. merce Commission, Division 1, held at its It is further ordered, That the Tartan office in Washington, D. C., on the 14th Bituminous Coal Division. Coal Mining Company shall file with the day of January, A. D. 1943.. Division not later than the 5th of the In the matter of Annual Reports from [Docket No. A—1850] month following the month of shipment Freight Forwarders, and the correspond­ District Board 1 statements indicating the tonnage ing section of the Code of Federal Regu­ shipped pursuant to the temporary relief lations, the following order was issued: ORDER GRANTING TEMPORARY RELIEF established in this order and that the in­ voices for said coal shall indicate that § 445.2 Form prescribed for freight In the matter of the petition of Dis­ forwarders, (a) All freight forwarders said coal is of substandard and poorer trict Board No. 1 for the establishment quality than coal normally mined from within the scope of section 412, Part IV of temporary price classifications and of the Interstate Commerce Act having the “D” seam of subdistrict 5 of District minimum pric^p for Mine Index No. 3607. No. 1, and that it has been priced pur­ annual gross revenues for the calendar An original petition, pursuant to sec­ year 1942 of less than $100,000, are suant to the price established therefor in tion 4 II (d) of the Bituminous Coal Act Docket No. A-1850. hereby required to'file annual reports for of 1937, has been duly filed with this the year ended December 31, 1942, and It is further ordered, That the pro­ Division by the above-named party, re­ ducer shall notify the Division if the for each succeeding year until further questing the temporary establishment of order, in accordance with Annual Report sale referred to herein is completed be­ an “H” classification in Size Groups .3 fore May 31,1943. Form Fb (Freight Forwarder), which is and 4 for approximately 19,600 tons of hereby approved and made a part of this It is further ordered, That the order coal presently uncovered at the Strip granting temporary relief herein shall be order.1 Operation of Tartan Mine #3, Mine In­ (b) The annual report shall be filed, in subject to further order of the Division. dex No. 3607, of Tartan Coal Mining Dated: January 30, 1943. duplicate, in the Bureau of Transport Company, located in the D Seam of Sub­ Economics and Statistics, Interstate district 5 of District No. 1. [seal] Dan H. Wheeler, Commerce Commission, Washington, It appears that an order was issued Director. D. C., on or before March 31 of the year following the one to which it relates. October 16, 1942 in Docket No. A-1686, [F. R. Doc. 43-1744; Filed, February 2, 1943; which temporarily established for Mine 11: 20 a. m.] (Sec. 412, 56 Stat. 294; 49 U.S.C. 1012) Index No. 3607 a price classification of By the Commission, Division 1. “H” in Size Groups 3 and 4 for approxi­ [seal] W. P. Bartel, mately 20,000 tons of coal, which is of Secretary. poorer quality than coal normally mined FEDERAL TRADE COMMISSION. [P. R. Doc. 43-1740; Piled, February 2, 1943; from D Seam in Subdistrict 5 of District [Docket No. 4860] 11:15 a. m.] No. 1, when sold for lake cargo shipment during the 1942 lake season and that J. A. F olger and Co. Part 446—P eriodical and Special although this temporary relief was in R eports effect for a little more than six weeks, ORDER APPOINTING TRIAL EXAMINER only approximately 400 tons of coal were FORM PRESCRIBED FOR QUARTERLY REPORTS shipped pursuant to such order, because At a regular session of the Federal At a session of the Interstate Com­ of mining difficulties. Trade Commission, held at its office in the merce Commission, Division 1, held at its Petitioner further alleges that the Tar­ City of Washington, D. C., on the 1st office in Washington, D. C., on the 18th tan Coal Mining Company, owner of day of February, A. D. 1943. day of January, A. D. 1943. Mine Index No. 3607 has secured a pur­ Order appointing trial examiner and In the matter of Periodical and Spe­ chaser for the remainder of the poorer fixing time and place for taking testi­ cial Reports from Freight Forwarders, quality coal, namely the Walkover Coal mony. and the corresponding section of the Company Ltd., Toronto, Canada, and This matter being at issue and ready Code of Federal Regulations, the follow­ petitioner requests the same temporary for the taking of testimony, and pursu­ ing order was issued: relief as granted in Docket No. A-1686, be ant to authority vested in the Federal § 446.1 Form prescribed for quarterly made applicable through May 31, 1943 Trade Commission, under an Act of Con­ reports, (a) Beginning with the three for all-rail movement to Toronto, Can­ gress (38 Stat. 717; 15 U.S.C.A., section months’ period ending March 31, 1943, ada for approximately 19,600 tons of this 41), and quarterly thereafter, until further coal. It is ordered, That J. Earl Cox, a trial order of this Commission, all Freight It appears that a reasonable showing examiner of this Commission, be and he Forwarders within the scope of section of necessity has been made for the grant­ hereby is designated and appointed to 412, Part IV of the Interstate Commerce ing of temporary relief in the manner take testimony and receive evidence in Act having annual gross revenues of hereinafter set forth, that no petition of this proceeding and to perform all other $100,000 or more for the calendar year intervention has been filed with the Di­ duties authorized by law; 1942, are hereby required to file reports vision in the above-entitled matter, and It is further ordered, That the taking of revenues, expenses, and statistics in that the following action is necessary in of testimony in this proceeding begin accordance with Form QFF which is order to effectuate the purposes of the on Saturday, March 13, 1943, at ten hereby approved and made a part of this Act. o’clock in the forenoon of that day (Cen­ order.1 , Now, therefore, It is ordered, That tral Standard Time), Parlor A, Muehle- (b) The said quarterly report shall be bach Hotel, Kansas City, Missouri. filed, in duplicate, in the Bureau of temporary relief be granted as follows: Commencing forthwith, the Schedule o f- Upon completion of testimony for the Transport Economics, and Statistics, In­ Federal Trade Commission, the trial terstate Commerce Commission, Wash­ Effective Minimum Prices for District ington, D. C., within sixty days after No. 1 for All Shipments Except Truck is examiner is directed to proceed immedi­ the close of the period to which it relates. supplemented to include the price classi­ ately to take testimony and evidence fications of “H” in Size Groups 3 and 4 on behalf of the respondent. The trial (Sec. 412, 56 Stat. 294; 49 U.S.C. 1912) examiner will then close the case and By the Commission, Division 1. for approximately 19,600 tons of coal of the Tartan #3 Mine, Mine Index No. make his report upon the evidence. [seal] w . P. B artel, 3607 which is of poorer quality than coal By the Commission. Secretary. normally mined from the D Seam in [seal] Otis B. J ohnson, [F. R. Doc. 43-1741; Filed, February 2, 1943; Subdistrict 5 o f District No. 1 when sold Secretary. 11:15 a. m.] for all-rail shipment to the Walkover [F. R. Doc. 43-1732; Filed, February 2, 1943; 1 Filed as part of the original document. Coal Company Ltd. of Toronto, Canada. 11:05 a. m.] 1474 FEDERAL REGISTER, Wednesday, February 3, 1943

OFFICE OF PRICE ADMINISTRATION. New York, hereinafter called respondent No. 1 (7 F.R. 562) ; Supplementary Di­ [Correction to Order 103 Under MPR 120] was duly served with a notice of charges rective IQ (7 F.R. 9121)) of violations of Ration Order No. 5A, B l u e D ia m o n d C oal C o m p a n y Gasoline Rationing Regulations, issued Issued this 1st day of February 1943. P a u l M . O ’L e a r y , ORDER GRANTING ADJUSTMENT by the Office of Price Administration. Pursuant to the notice a hearing upon Deputy Administrator Correction to Order No. 103 under the charges was held in Buffalo, New in Charge of Rationing. Maximum Price Regulation No. 120—Bi­ York, on December 4, 1942. There ap­ tuminous Coal Delivered from Mine or [P. R. Doc. 43-1692; Filed, February 1, 1943* peared a representative of the Office of 12: 12 p. m.] Preparation Plant—Docket No. 3120— Price Administration and respondent. 215. The evidence pertaining to the charges The reference to Mine Index No. 1488 was presented before an authorized pre­ [Suspension Order 207] wherever it appears in Order No. 103 siding officer. The matter having been C h e s t e r G o e b el under Maximum Price Regulation No. considered by the Deputy Administrator 120 and in the opinion which accom­ in Charge of Rationing, it is hereby de­ ORDER RESTRICTING TRANSACTIONS panies that order is corrected to read termined that: Chester Goebel, 1801 T Street NW., Mine Index No. 488. (a) Respondent Bruin Luczak is a Washington, D. C., hereinafter called re­ This correction to Order No. 103 shall dealer in gasoline and operates a filling spondent, was duly served with a notice be effective as of December 12, 1942. station known as Gulf Gas Station at of charges of violations of Ration Order (Pub. Laws 421 and 729, 77th Cong.; E.O. 744 Genesee Street, Buffalo, New York. No. 5A, Gasoline Rationing Regulations, 9250, 7 P.R. 7871) (b) Respondent has violated Ration issued by the Office of Price Administra­ Order No. 5A, Gasoline Rationing Regu­ Issued this 1st day of February 1943. tion. Pursuant to the notice, a hearing lations, in that on various occasions be­ upon such charges was held in Washing­ P r e n t is s M . B r o w n , tween August 22, 1942, and November ton, D. C., on November 25, 1942. There Administrator. 16,1942, respondent transferred gasoline, appeared a representative of the Office [P. R. Doc. 43-1695; Piled, February 1, 1943; for which he received a price in excess of Price Administration and respondent. 12:15 p. m.] of his regularly established price, to con­ The evidence pertaining to such charges sumers and into the fuel tanks of motor was presented before an authorized pre­ vehicles without receiving in exchange siding officer. Such evidence having therefor any gasoline ration coupons. [Order 149 Under MPR 188] been considered by the Deputy Admin­ Such transfers were not within any of istrator in Charge of Rationing, it is C o n t in e n t a l S p r in g C o r p . the classes of transfers permitted by Ra­ hereby determined that: APPROVAL OF MAXIMUM PRICE tion Order No. 5A, Gasoline Rationing (a) Respondent is a dealer in gaso­ Regulations, to be made without the ex­ line and operates a filling station known Order No. 149 under § 1499.158 of Max­ change of gasoline rationing coupons. as Goebel’s Esso Station at 1801 T Street imum Price Regulation No. 188—Manu­ Because of the great scarcity and criti­ NW., Washington, D. C. facturers’ Maximum Prices for Specified cal importance of gasoline in New York (b) Respondent; has violated Ration Building Materials and Consumers’ respondent’s violations of Ration Order Order No. 5A, Gasoline Rationing Regu­ Goods Other Than Apparel. No. 5A, Gasoline Rationing Regulations, lations, (§ 1394.1503) in that on Novem­ Approving a maximum price for sales have resulted in the diversion of gasoline ber 14, 1942, respondent transferred of an upholstered box spring made by from military and essential civilian uses eight (8) gallons of gasoline to a con­ Continental Spring Corporation. into non-essential uses, in a manner sumer and into the fuel tank of a motor For the reasons set forth in an opinion contrary to the public interest and det­ vehicle upon which no sticker was dis­ issued simultaneously herewith and filed rimental to the national war effort. It played in exchange for two coupons that with the Division of the Federal Register appears to the Deputy Administrator in had been detached before the transfer and by virtue of the authority vested in Charge of Rationing that further viola­ from a coupon book that was not issued the Price Administrator under the Emer­ tions by respondent are likely unless ap­ for the vehicle into which the transfer gency Price Control Act of 1942, as propriate administrative action is taken; was made. amended, and Executive Order No. 9250, It is therefore ordered: Because of the great scarcity and criti­ It is hereby ordered: (c) During the period in which this cal importance of gasoline in Washing­ (a) The Continental Spring Corpora­ Suspension Order No. 205 shall be in ton, D. C. respondent’s violations of Ra­ tion of 2400 Nance Street, Houston, effect, tion Order No. 5A, Gasoline Rationing Texas, may sell its upholstered box (1) Respondent shall not accept any Regulations, have resulted in the diver­ spring with a stretched cover attached deliveries or transfers of, or in any man­ sion of gasoline from military and essen­ to border with resilient .helicals at a ner directly or indirectly receive from tial civilian uses into non-essential uses, price no higher than $17.75 subject to any source any gasoline for resale. in a manner contrary to the public in­ the same discounts, allowances and other (2) Respondent shall not transfer or terest and detrimental to the national price differentials in effect during March deliver or otherwise trade or deal in war effort. It appears to the Deputy Ad­ 1942 for the sale of metal springs and gasoline. ministrator in Charge of Rationing that other types of sleeping equipment. (3) No person shall in any manner, di­ further violations by respondent are (b) This Order No. 149 may be revoked rectly or indirectly transfer or deliver likely unless appropriate administrative or amended at any time. action is taken, It is therefore ordered: (c) This Order No. 149 shall become any gasoline to respondent for resale. (d) Any terms used in this Suspension (c) During the period in which this effective on the 2d day of February, Suspension Order No. 207 shall. be in 1943. Order No. 205 that are defined in Ration Order No. 5A, Gasoline Rationing Reg­ effect, Issued this 1st day of February 1943. (1) Respondent shall not accept any ulations, shall have the meaning therein P r e n t is s M . B r o w n , deliveries or transfers of or in any man­ Administrator. given them. ner directly or indirectly receive from any (e) This Suspension Order No. 205 source any gasoline for resale. [P. R. Doc. 43-1694; Filed, February 1, 1943; shall become effective 12: 01 a. m. Feb­ 12:12 p. m.] (2) Respondent shall not transfer or ruary 5,1943 and shall remain in effect deliver or otherwise trade or deal in gas­ thereafter until further order of the oline. Deputy Administrator in Charge of Ra­ (3) No person shall in any manner di­ [Suspension Order 205] tioning, but nofriater than December 31, rectly or indirectly transfer or deliver 1944. any gasoline to respondent for resale. G u l f G a s S t a t io n , B u f f a l o , N. Y. (d) Any terms used in this Suspension (Pub. Law 421, 77th Cong.; sec. 2 (a) of Order No. 207 that are defined in Ration o rder restricting transactions Pub. Law 671, 76th Cong.; as amended Order No. 5A, Gasoline Rationing Regu­ Bruno Luczak, doing business as Gulf by Pub. Laws 89 and 507, 77th Cong.; lations, shall have the meaning therein Gas Station, 744 Genesee Street, Buffalo, E.O. 9125 (7 F.R. 2719); WPB Directive given them. FEDERAL REGISTER, Wednesday, February 3, 1943 1475

(e) This Suspension Order No. 207 [Order 147 Under MPR 188] 2% for cash payment by the tenth day shall become effective 12:01 a. m. Febru- U n it e d S t a te s L im e P r o d u c t s C o r p . of the month following any sale. ary 5,1943. and unless sooner terminated (c) All prayers in the petition not spe­ s h a ll’ expire 12:01 a. m., February 20, AUTHORIZATION OF MAXIMUM PRICES cifically granted herein are denied. 1943. Order No. 147 Under § 1499.161 (a) of (d) This Order No. 148 may be re­ voked or amended by the Price Admin­ (Pub. Law 421, 77th Cong.; sec. 2 (a) of Maximum Price Regulation No. 188— Manufacturers’ Maximum Prices for istrator at any time. Pub. Law. 671, 76th Cong.; as amended (e) This Order No. 148 shall become by Pub. Laws 89 and 507, 77th Cong.; Specified Building Materials and Con­ sumers’ Goods Other Than Apparel. effective February 2, 1943. E.O. 9125 (7 F.R. 2719); WPB Directive Issued this 1st day of February 1943. No. 1 (7 F.R. 562); Supp. Dir. No. 1H Authorization of Maximum Prices for (7 F.R. 3478, 3877, 5216); Supp. Dir. No. Sugar Rock Sold by United States Lime P r e n t is s M . B r o w n , Administrator. IQ (7 F.R. 9121)) Products Corporation—Docket No. GF3- ^ ft 2654. Issued the 1st day of February 1943. [F. R. Doc. 43-1709; Filed, February 1, 1943; For the reasons set forth in an opin­ 2:58 p. m.] P a u l M . O ’L e a r y , ion issued simultaneously herewith and Deputy Administrator filed with the Division of the Federal in Charge of Rationing. Register, and under the authority vested [Order 150 Under MPR 188] in the Price Administrator by the Emer­ [P. R. Doc. 43-1693; Piled, February 1, 1943; gency Price Control Act of 1942, as H e r c u l e s C e m e n t C o r p . 12:12 p. m.] amended, and Executive Order No. 9250 and under § 1499.161 of Maximum Price AUTHORIZATION OF MAXIMUM PRICES Regulation No. 188, It is hereby ordered: [Order 2 Under MPR 125] Order No. 150 under § 1499.161 (a) of That: Maximum Price Regulation No. 188— U n iv e r sa l C a s t in g s C o r p . (a) The maximum price at which United States Lime Products Corpora­ Manufacturers’ Maximum Prices for AUTHORIZATION OF MAXIMUM PRICES tion, San Francisco, is authorized to sell, Specified Building Materials and Con­ sumers’ Goods Other Than Apparel. Order 2 under Maximum Price Regu­ deliver, or offer for sale, sugar rock (3" to 7" lime rock) either directly or Authorization of a Maximum Price for lation No. 125—Nonferrous Foundry Cement Sold by the Hercules Cement Products. through its wholly-owned subsidiary, Arrowhead Lime and Chemical Com­ Corporation to Vulcanite Portland Ce­ For the reasons set forth in an opin­ ment Company. ion issued simultaneously herewith and pany, Los Angeles, California, shall be $1.50 per net ton, f. o. b. cars Sloan, For the reasons set forth in an opinion filed with the Division of the Federal issued simultaneously herewith and filed Register, and pursuant to the authority Nevada. (b) This Order No. 147 may be revoked with the Division of the Federal Register, vested in the Price Administrator by the and pursuant to and under the authority Emergency Price Control Act of 1942, as or amended by the Price Administrator at any time. vested in the Price Administrator by the amended, Executive Order No. 9250, Emergency Price Control Act of 1942, as Supplementary Order No. 9 and Proce­ (c) This Order No. 147 shall become effective February 2, 1943. amended, and by Executive Order No. dural Regulation No. 6, It is hereby or­ 9250, and pursuant to § 1499.161 (a) of dered: Issued this 1st day of February 1943. Maximum Price Regulation No. 188, It (a) The following shall be the maxi­ P r e n t is s M . B r o w n , is hereby ordered That: mum prices at which Universal Castings Administrator. (a) Specific authority is hereby Corporation, doing business at Chicago, granted to the Hercules Cement Cor­ Illinois may sell and deliver certain non- [P. R. Doc. 43-1708; Filed, February 1, 1943; 3:00 p. m.] poration, 1700 Walnut Street, Philadel­ ferrous castings to the buyers named phia, Pennsylvania, to invoice, and to below, under the Unite,d States govern­ the Vulcanite Portland Cement Com­ ment subcontracts identified by the con­ pany, New York City, to pay an amount tract numbers specified below, and only [Order 148 Under MPR 188] not in excess of 910 per barrel for cement under those contracts, and in the quan­ U n it e d S ta te s L im e P r o d u c t s C o r p . sold by the Hercules Cement Corpora­ tities specified in the seller’s applications: tion to the Vulcanite Portland Cement AUTHORIZATION OF MAXIMUM PRICES Company during the period from July 7, Maximum 1942, to September 23, 1942. Buyer and part number Contract No. price per Order No. 148 under § 1499.161 (a) of piece Maximum Price Regulation No. 188— (b) This Order No. 150 shall become Manufacturers’ Maximum Prices for effective February 2, 1943. Bastian Blessing ’Co., Part Specified Building Materials and Con­ Issued this 1st day of February 1943. No. 5500-19...... P. 0 . 43864 $0.28 Bodine Electric Co., Part sumers’ Goods Other Than Apparel. P r e n t is s M . B r o w n , No. 1035...1______75142 .05 Authorization of Maximum Prices for Administrator. Bodine Electric Col, Part Crushed Dolomitic Limestone Sold by No. N-871...... 75198 .46 [F. R. Doc. 43-1710; Filed, February 1, 1943; Garden City Plating <& United States Lime Products Corpora­ 2:59 p. m.] Mfg. Co., Part No. 5634___ 25733 .08 tion—Docket No. GF3-2653. Garden City Plating & Mfg. Co., Part No. 5633... 25733 .06 For the reasons set forth in an opin­ ion issued simultaneously herewith and filed with the Division of the Federal [Order 4 Under Rev. MPR 213] (b) Any relief requested by Universal Register, and under the authority vested S im m o n s C o . o f N e w Y o r k Castings Corporation in the maximum in the Price Administrator by the Emer­ prices of its nonferrous castings not gency Price Control Act of 1942, as AUTHORIZATION OF MAXIMUM PRICE granted herein, is hereby denied. (c) This Order No. 2 may be revoked amended, and Executive Order No. 9250 Order No. 4 under § 1365.53 (b) (2) of or amended by the Price Administrator and under § 1499.161 of Maximujp Price Revised Maximum Price Regulation No. at any time. Regulation No. 188, It is hereby ordered, 213—Coil and Flat Bedsprings With Non- (d) This Order No. 2 shall become ef­ That: Steel Frames. fective as of January 30, 1943. (a) The maximum price at which For the reasons set forth in an opinion (Pub. Laws 421 and 729, 77th Cong.; E.O. United States Lime Products Corpora­ issued simultaneously herewith and filed 9250, 7 F.R. 7871) ■ tion, San Francisco, California, is au­ with the Division of the Federal Register thorized to sell, deliver, or offer for sale by the Price Administrator under the Issued this 1st day of February 1943. crushed dolomitic limestone (%" to %") Emergency Price Control Act of 1942, as P r e n t is s M . B r o w n , shall be $1.70 per net ton, f. o. b. Sloan, amended, It is hereby ordered: ' Administrator. Nevada. (a) The Simmons Company of New [F. R. Doc. 43-1704; Piled, February 1, 1943; (b) The maximum price established York, New York, may sell and deliver 2:57 p. m.] in paragraph (a) shall be reduced by their coil and flat bedsprings with wood j 1476 FEDERAL REGISTER, Wednesday, February 3, 1943 frames at f. o. b. factory carload prices (f ) This Order No. 33 shall be effective Carver Cotton Gin Co., East Bridgewater determined by subtracting the differen­ as of November 7, 1942. M ass. tial of $.20 from the f. o. b. factory J. c. 1. Issued this 1st day of February 1943. Lewis-Shepard Sales Corp., Boston, Mass. Mass. Gear & Tool Co., Woburn, Mass. prices for the applicable classes of bed- P r e n t i s s M . B r o w n , springs established by Revised Maximum Norton Co., Worcester, Mass. Administrator. Thompson Gibb Electric Welding Co., Lynn Price Regulation No. 213. M ass. [F. R. Doc. 43-1707; Filed, February 1, 1943; (b) This Order No. 4 may be revoked Wheeler Reflector Co., Boston, Mass. 3: 00 p. m.] or amended by the Office of Price Admin­ S. A. Woods Machine Co., Boston, Mass. istration at any time. (c) Unless the context otherwise re­ pursuant to subcontracts under con­ quires the definitions set forth in Re­ tracts with the United States Govern­ vised Maximum Price Regulation No. [Order 2 Under Supp. Order 9] ment or any agency thereof or with the 213, shall apply to terms used herein. A l u m i n u m C o o k in g U t e n s il C o . Government of any country whose de­ fense the President deems vital to the (d) This Order No. 4 shall become ORDER GRANTING ADJUSTMENT effective on the 2d day of February defense of the United States under the 1943. Order No. 2 under § 1305.12 of Supple­ terms of the Act of March 11, 1941, en­ Issued this 1st day of February 1943. mentary Order No. 9—Commodities or titled “An Act to Promote the Defense Services under Government Contracts— of the United States” or with any agency P r e n t i s s M . B r o w n , Application for Adjustment of Maximum of any such Government, at prices not Administrator. Prices. in excess of its applicable maximum [F. R. Doc. 43-1706; Filed, February 1, 1943; Granting adjustment of maximum prices under § 1421.166 (a) of Maximum 2:59 p. m.] price for sales of Model 1910 Canteen by Price Regulation 244, plus nine percent The Aluminum Cooking Utensil Com­ of said maximum prices before the addi­ pany to the United States Army. tion of charges, if any, for transporta­ For the reasons set forth in an opinion tion: Provided, That Old Colony Foundry [Order 33 Under RPS 6[ issued simultaneously herewith and filed Co. shall file with the Iron and Steel Branch of the Office of Price Adminis­ T h e S t a n l e y W o r k s with the Division of the Federal Register and pursuant to the authority vested in tration, Washington, D. C., on or before ORDER GRANTING RELIEF the Price Administrator by the Emer­ the last day of each month following gency Price Control Act of 1942, as each quarter year beginning with the last Order No. 33 under Revised Price amended, and Executive Order No. 9250, quarter of 1942, the following documents Schedule No. 6—Iron and Steel Prod­ It is ordered: all prepared in accordance with recog­ ucts—Docket No. 3006-32. (a) The Aluminum Cooking Utensil nized accounting principles and sub­ On November 2, 1942, The Stanley Company, Fifth Avenue and Eleventh mitted under oath or affirmation: Works of New Britain, Connecticut, filed Street, New Kensington, Pennsylvania, is (1) Profit and loss statements cover­ a petition for exception to Revised Price authorized to sell and deliver Model 1910 ing its sales of gray iron castings for the Schedule No. 6, as amended, pursuant to Canteen to the United States Army at preceding quarter; (2)- profit and loss § 1306.7 (c) thereof. Due consideration price no higher than $.4427 per Canteen, statements covering its over-all opera­ has been given to the petition and an f. o. b. factory. tions for the preceding quarter; (3) bal­ opinion in support of this Order No. 33 (b) This Order No. 2 may be revoked ance sheets as of the close of the pre­ has been issued simultaneously herewith or amended by the Price Administrator ceding quarter; (4) statements of its and has been filed with the Division of at any time. average per pound price for gray iron the Federal Register. For the reasons (c) This Order No. 2 shall become effec­ castings sold during the preceding quar­ set forth in the opinion, under the au­ ter and its average*per pound costs for thority vested in the Price Administra­ tive on the 2d day of February 1943. Issued this 1st day of February 1943. such gray iron castings; and (5) the tor by the Emergency Price Control Act profit and loss statements filed pursuant of 1942, as amended, and Executive P r e n t is s M . B r o w n , to (1) and (2) of this paragraph must Order No. 9250, and in accordance with Administrator. show (i) net sales, (ii) cost of commodi­ Revised Procedural Regulation No. 1 is­ [F. R. Doc. 43-1705; Filed, February 1, 1943; ties and services sold, stating separately sued by the Office of Price Administra­ 2:59 p. m.] total direct labor costs, total direct ma­ tion, It is hereby ordered: terial costs, and total other manufac­ (a) The Stanley Works may sell and turing costs, (iii) general and adminis­ deliver and the Washburn Wire Com­ trative expenses, segregating compensa­ pany of Phillipsdale, Rhode Island, may [Order 6 Under MPR 244] tion to officers and directors, and (iv) buy and receive from The Stanley Works O ld C o l o n y F o u n d r y C o m p a n y net profits before income and excess rerolling billets shipped under Allocation profit taxes: Provided further, That said Order Series B, N51-29845 or subsequent ADJUSTMENT OF MAXIMUM PRICES Company need not file any of the fore­ orders of a similar nature, at a maximum going financial data if it has filed such base price of $39.00 per gross ton f.o.b. Order No. 6 under § 1421.157 (a) of Maximum Price Regulation 244—Gray data or in the future does fHe such data the American Tube and Stamping on or before the time limits specified Bridgeport plant. Iron Castings—Docket No. GF3-2416. For the reasons set forth in the opin­ in this paragraph (a), on Form A—An­ (b) The permission granted in para­ nual Financial Report or Form B—In­ graph (a) hereof is subject to the condi­ ion, issued simultaneously herewith, un­ tion that The Stanley Works must keep der the authority vested in the Price terim Financial Report, issued by the and submit to the Office of Price Admin­ Administrator by the Emergency Price Office of Price Administration. istration records of its actual job cost on Control Act of 1942, as amended, and Ex­ (b) The maximum prices set forth in its allocation to Washburn Wire Com­ ecutive Order No. 9250, and in accord­ the preceding paragraph (a) shall be pany for the first full calendar month ance with Procedural Regulation No. 6 applicable to all shipments of gray iron after the issuance of this order, such issued by the Office of Price Administra­ castings made on and after October 15, report to be submitted to this office tion, It is hereby ordered: 1942 by Old Colony Foundry Co. pursu­ Adjustment of maximum prices for ant to subcontracts under Government within 10 days after the close of such contracts, as specified in paragraph (a), calendar month. gray iron castings sold by Old Colony Foundry Co. (a) Old Colony Foundry to the purchasers specified in para­ (c) All prayers of the petition not Co., East Bridgewater, Mass., is hereby graph (a). granted herein are denied. authorized to sell, offer to sell and de­ (c) All prayers of the petition not (d) This Order No. 33 may be revoked liver, gray iron castings to the follow­ granted herein are denied. or amended by the Price Administrator ing purchasers: (d) This Order No. 6 may be revoked at any time. Allis-Chalmers Mfg. Co., Milwaukee, Wis. or amended by the Price Administrator (e) The definitions set forth in § 1306.8 Boston Gear Works, Inc., North Quincy, at any time. of Revised Price Schedule No. 6 shall ap­ M ass. * (e) Unless the context otherwise re­ ply to terms used herein. Brown & Sharpe Mfg. Co., Providence, R. I. quires the definitions set forth in FEDERAL REGISTER, Wednesday, February 3, 1943 1477

§ 1421.164 of Maximum Price Regula­ tion and dissolution of National Power & It is further ordered, That the Secre­ tion 244 shall apply to the terms used Light Company. Request is made that tary of the Commission shall serve notice herein. the order of the Commission to be en­ of the entry of this order by mailing a This Order No. 6 shall become effective tered herein (a) recite that the sale and copy thereof by registered mail to Na­ February 2, 1943. transfer aforesaid is necessary or appro­ tional Power & Light Company and priate to effectuate the provisions of Equitable Securities Corporation, and (Pub. Laws 421 and 729, 77th Cong.; E.O. section 11 (b) of the Public Utility Hold­ that notice shall be given to all other 9250, 7 F.R. 7871) ing Company Act of 1935, and (b) specify persons by publication thereof in the Issued this 1st day of February 1943. and itemize the securities to be sold and F ederal Register. P r e n t is s M. B r o w n , transferred. By the Commission. Administrator. It appearing to the Commission that [SEAL] ORVAL L. DuBOIS, it is appropriate in the public interest Secretary. [F. R. Doc. 43-1725; Filed, February 1, 1943; and in the interest of investors and con­ 5:10 p. m .] [F. R. Doc. 43-1753; Filed, February 2, 1943; sumers that a hearing be held with re­ 11:53 a. m.] spect to said matters, and that said dec­ laration shall not become effective and said application shall not be granted ex­ [File No. 812-240] SECURITIES AND EXCHANGE COM­ cept pursuant to further order of this T obacco P r o d u c t s E x p o r t C o r p . MISSION. Commission; ORDER DENYING APPLICATION FOR EXCEPTION [File No 54-51] It is ordered, That a hearing on such . AND GRANTING PARTIAL EXEMPTION matters under the applicable provisions N ational P o w e r & L ig h t C o m p a n y of the Public Utility Holding Company At a regular session of the Securities Act of 1935 and the rules thereunder to and Exchange Commission, held at its NOTICE OF FILING AND ORDER FOR HEARING be held on February 15th, 1943, at 10:00 office in the City of Philadelphia, Pa., on At a regular session of the Securities A. M., E. W. T., at the offices of the Secu­ the 30th day of January, A.D. 1943. and Exchange Commission, held at its rities and Exchange Commission, 18th Tobacco Products Export Corporation office in the City of Philadelphia, Penn­ and Locust Streets, Philadelphia, Penn­ has applied for an order under section 3 sylvania, on the 30th day of January, sylvania, in such, room as may be desig­ (b) (2) of the Investment Company Act A.D. 1943. nated on such date by the hearing room of 1940 and in the alternative under sec­ Notice is hereby given that a declara­ clerk. All persons desiring to be heard tion 6 (c) of said Act. tion or application (or both) has been or otherwise wishing to participate in the Hearings have been held, briefs filed filed with this Commission pursuant to proceedings, shall notify the Commis­ and oral argument heard. The Com­ the Public Utility Holding Company Act sion in the manner provided by Rule mission has considered the matter, is of 1935 by National Power & Light Com­ XVH of the Commission’s Rules of advised in the premises, as more fully pany, a registered holding company and Practice, on or before February 10th, set forth in its opinion in this matter a subsidiary of Electric Bond and Share 1943. this day issued, and on the basis of said Company, likewise a registered holding It is further ordered, That, without findings and opinion company. All interested persons are re­ limiting the scope of the issues presented It is ordered, That the application, for ferred to said document, which is on file by said declaration or application, par­ an order under section 3 (b) (2) of the in the office of this Commission, for a ticular attention will be directed at the said Act be, and the same hereby is, statement of the transaction therein pro­ hearing to the following matters and denied; and posed, which are summarized as follows: questions: It is further ordered, That the applica­ National Power & Light Company pro­ 1. Whether competitive conditions tion for an exemption from the provi­ poses to sell its entire interest in West have been maintained in the proposed sions of the said Act pursuant to section Tennessee Gas Company, a Florida cor­ transactions, and whether the consider­ 6 (c) thereof be, and the same hereby poration, to Equitable Securities Cor- ation to be received is fair and reason­ is, denied, except that Tobacco Products • poration, a Tennessee corporation, for a able. • Export Corporation be, and it hereby is, cash consideration of $712,500, plus in­ 2. The propriety of the proposed ac­ exempted from the provisions of section terest thereon at the rate of 3% per an­ counting treatment of the transactions 8 (b) of the said Act, and partially ex­ num from June 30, 1942, to the date of on the books of National Power & Light empted from the requirements of sub­ Company. sections (b) and (d) of section 30 of the closing. National Power & Light Com­ said Act to the extent that it need not pany states that Equitable Securities 3. Whether the action proposed to be issue or file the reports and statements Corporation is not an affiliate of West taken is necessary or appropriate to ef­ required by those subsections more often Tennessee Gas Company and of any fectuate the provisions of section 11(b) than annually; and provided further other public utility holding company, of the Public Utility Holding dompany and will not by virtue of such acquisi­ that the Commission reserves jurisdic­ Act of 1935, and constitutes a step in tion to reconsider at any time the par­ tion become an affiiliate of any public compliance with the Order of the Com­ tial exemption herein granted, and to utility company other than West Ten­ mission dated August 23, 1941, issued nessee Gas Company. make appropriate amendments therein, pursuant to the provisions of section after notice and opportunity for hear­ West Tennessee Gas Company owns 11 (b) (2) of the Act, requiring the liqui­ ing if such action shall be warranted by and operates a natural gas distribution dation and dissolution of National Power changed circumstances. system in Jackson, Tennessee, and five & Light Company. By the Commission. adjacent communities. Its outstanding 4. Whether it is necessary or appropri­ securities, all of which are owned by Na­ ate to impose terms or conditions in the [SEAL] ORVAL L. DUBOIS, tional Power & Light Company, consist public interest or for the protection of Secretary. of a 6% Note dated November 25, 1935, investors. [F. R. Doc. 43-1752; Filed, February 2, 1943; due on or before November 25, 1940, in It is further ordered, That Richard 11:53 a. m.] the principal amount of $585,000 and Townsend or any other officer or officers 100,000 shares of capital stock without of the Commission designated by it for WAR PRODUCTION BOARD. nominal or par value. that purpose shall preside at the hearing National Power & Light. Company above ordered. The officer so designated N o t ic e t o B u il d e r s a n d S u p p l i e r s o f I s ­ states that the proposed transaction is a to preside at such hearing is hereby au­ s u a n c e o f R ev o c a t io n O r d er s R e v o k ­ step in compliance with the Order of the thorized to exercise q.11 powers granted in g a n d S t o p p in g C onstruction o f Commission dated August 23,1941, issued to the Commission under section 18 (c) C e r t a in P r o je c t s pursuant to the provisions of section 11 of the Act and to a trial examiner under The Director General for Operations (b) (2) of the Act, requiring the liquida- the Commission’s Rules of Practice. of the War Production Board has issued No. 23------7 1478 FEDERAL REGISTER, Wednesday, February 3, 1943 certain revocation orders listed in Sched­ ule A below, revoking preference rating Date of is­ Preference Serial orders issued in connection with, and Name and address of builder Project affected suance of stopping the construction of the projects rating order No. revocation affected. For the effect of each such order order upon preference ratings, construc­ P-19-h...... 6931 Federal Works Agency, Washington, Portsmouth Hospital Portsmouth, Jan. 29,1943 tion of the project and delivery of mate­ D. C. N. H. rials therefor, the builder and suppliers P-19-h...... 31857 Mrs. Marie C. Rieder, c/o Fourth 202 W. Broadway, Eagle Grove, Jan. 29,1943 Ass’t. Postmaster General, Wash­ Iowa. affected shall refer to the specific order ington, D. C. issued to the builder. P-19-a...... 6361 Doniphan Telephone Co., Doniphan, Jan. 29,1943 Issued February 1, 1943. Mo. C u r t is E. C alder, Director General for Operations. [F. R. Doc. 43-1721; Filed, February 1, 1943; 4:12 p. m.]