FEDERAL REGISTER X . 1934 VOLUME 8 NUMBER 156 U n i t e d *

Washington, Saturday, August 7, 1943

Regulations issued March 26, 1943, as amended by CONTENTS Executive Order No. 9334, issued April REGULATIONS AND NOTICES 19, 1943, the following determination is TITLE 7—AGRICULTURE hereby issued: F ederal P u b lic H o u s in g A u t h o r ­ § 802.11 Determination of sugar com­ i t y ; Page Chapter V III—War Food Administration mercially recoverable from sugar beets. War housing projects; delega­ tion of powers to regional P art 802— S ugar D eterminations The amount of sugar, raw value, com­ mercially recoverable from sugar beets officials______11000 SUGAR COMMERCIALLY RECOVERABLE FROM marketed under that type of agreement F ederal T rade C o m m is s io n : SUGARCANE IN HAWAII commonly known as “ individual test con­ Cease and desist orders: Amogen Co------10973 Determination of sugar commercially tract” shall be deemed to be 95 percent Todd, J. E., Inc_,______- 10972 recoverable from sugarcane in the Ter­ of the total sugar in the sugar beets, G eneral L and O f f ic e : ritory of Hawaii, pursuant to the Sugar net weight, at the time of delivery to a processor; and the amount of sugar, Alaska, land withdrawn for use Act of 1937 (Revised). of War Department------10995 Pursuant to the provisions of section raw value, commercially recoverable from sugar beets marketed under any Wyoming, air navigation site 302 (a) of the Sugar Act of 1937, as withdrawal______10995 amended, and Executive Order No. 9322, other type of agreement shall be deemed to be 97 percent of the amount of sugar I nterstate C om m erce C o m m is s io n : issued March 26, 1943, as amended by Louisiana, weighing of gravel Executive Order No. 9334, issued April lfl, calculated by applying to the net weight of the sugar beets, at the time of de­ destined to Fosters or 1943, the following determination is Shreveport______10994 hereby issued: livery to a processor, the average per­ centage of sugar content in the cossettes Mexican border points, demur­ § 802.31 Sugar commercially recover­ of all of the sugar beets included in a rage charges------10994 able from sugarcane in the Territory of common marketing agreement: Pro­ Virginian Railway Co., reicing Hawaii. The amount of sugar, raw vided, however, That in all cases the of potatoes------10999 value, commercially recoverable from the tests used to determine the sugar con­ O f f ic e o f D efense T ransportation : sugarcane grown on any farm in the tent are those tests customarily usèd Akron Transportation Co.; cer­ Territory of Hawaii and marketed (or for such purpose by sugar beet process­ tain operations suspended ■ and adjusted------11000 processed by the producer) for the ex­ ors. traction of sugar shall be the amount This determination supersedes, with All American Bus Lines, Inc. of sugar, raw value, recovered from respect to the 1943 and subsequent crops, and Northern Trails, Inc.; such sugarcane. the determination entitled “Determina-* coordinated operations be­ tween Chicago and New This determination supersedes the tion of Sugar Commercially Recoverable Y o rk ______11000 “Determination of Sugar Commercially from Sugar Beets,” issued June 21, 1940. Recoverable from Sugarcane in the Ter­ Florists of Philadelphia; joint ritory of Hawaii, Pursuant to the Sugar (Sec. 302, 50 Stat. 910; 7 U.S.C. 1940 ed. action plan------11001 Act of 1937,” issued July 2, 1938. 1132; E.O. 9322, as amended by E.O. O f f ic e of E c o n o m ic S tabilization : 9334) Meats, grading and grade la­ (Sec. 302, 50 Stat. 910; 7 UJ3D. 1940 ed. beling ______10988 1132; E.0.9322, as amended by E.0.9334) Issued this 5th day of August 1943. O f f ic e of P rice A dministration : M arvin Jo n e s, Adjustment orders filed, list—- 11001 Issued this 5th day of August 1943. War Food Administrator. M a r v in Jo n e s , Grade labeling: War Food Administrator. [F. R. Doc. 43-12794; Piled, August 6, 1943; Beans, dry edible (RMPR 270, 11:87 a. m.l Am. 7 )______— ------10986 [F. R. Doc. 43-12744; Piled, August 5, 1943; Burley tobacco (MPR 283, 4;41 p. m.] Am. 4 )______-— 10988 Chapter XI—War Food Administration Food products, certain packed {FDO 73] (M PR 306, Am. 13)______10986 Peanuts and peanut butter P art 802—S ugar D eterminations P art 1405— F r u its and V egetables (RMPR 335, Am. 2 )------10987 FREESTONE PEACHES GROWN IN THE STATE OF SUGAR COMMERCIALLY RECOVERABLE FROM Hawaii: CALIFORNIA SUGAR BEETS Beverage coasters and sea The fulfillment of requirements for shells (Supp. Order 45, ''' Pursuant to the provisions of section the defense of the United States will re- Am. 2 )______10980 302 (a) of the Sugar Act of 1937, as amended, and Executive Order No. 9322, (Oontinued on next page) (Continued on next page) 10967 10968 FEDERAL REGISTER, Saturday, August 7, 1943

CONTENTS—Continued necessary and appropriate in the public interest and to promote the national de­ S ecurities and E xch ange C o m m is ­ fense: s io n : Page Hearings, etc.: § 1405.20 Restrictions relative to thb, Puget Sound Power & Light shipment of freestone peaches— (a) Def­ Co------11014 initions. When used in this order, un­ Scranton-Spring Brook Water less otherwise distinctly expressed or Service Co. (2 docu­ manifestly incompatible with the intent Published daily, except Sundays, Mondays, and days following legal holidays, by the ments)______11014 hereof: Division of the Federal Register, The National West* Texas Utilities Co______11014 (1) The term “freestone peaches” Archives, pursuant to the authority contained S ocial S e c u r it y B oard: means all fresh freestone peaches grown in the Federal Register Act, approved July 26, Old-age and survivors insur­ in the State of California, except the 1935 (49 Stat. 500, as amended; 44 U.S.C., ance; evidence as to death. 10973 Elberta, J. H. Hale, and Rio Oso Gem ch. 8B), under regulations prescribed by the S o lid F u els A dministration for varieties. Administrative Committee, approved by the W ar: * (2) The term “person” means any in­ President. Distribution is made only by the Bituminous coal producers; es­ Superintendent of Documents, Government dividual, partnership, corporation, asso­ Printing Office, Washington, D. C. tablishment of advisory ciation, business trust, or any organized The regulatory material appearing herein is boards______10974 group of persons whether incorporated keyed to the Code of Federal Regulations, W age and H our D i v is io n : or not. which is published, under 50 titles, pursuant Learner employment certifi­ (3) The term “ship” means to convey to section 11 of the Federal Register Act, as cates; issuance to various fresh freestone peaches, or cause fresh amended June 19, 1937. industries (2 documents)_ 10995 freestone peaches to be conveyed, by The Federal R egister will be furnished by Minimum wage recommenda­ mail to subscribers, free of postage, for $1.50 railroad, truck, boat, or any other means per month or $15.00 per year, payable in ad­ tions: whatsoever. vance. The charge f6r individual copies Fruit and vegetable packing (4) The term “Director” means the (minimum 15tf) varies in proportion to the and farm products assem­ Director of Food Distribution, War Food size of the issue. Remit check or money bling industry______10996 Administration. order, made payable to the Superintendent Meat, poultry and dairy prod­ (b) Restrictions. (1) No person (other of Documents, directly to the Government ucts industry______10998 than a carrier of peaches for another Printing Office, Washington, D. C. W ar D e p a r t m e n t : person) may ship any freestone peaches There are no restrictions on the republica­ Procurement and disposal of tion of material appearing in the Federal from a point within the State of Cali­ R egister. equipment of and supplies; fornia to a point without the State of fixed price contracts, sub­ California. contracting, etc______10972 (2) The restrictions hereof shall be CONTENTS—Continued W ar F ood A dministration : observed by each person affected by this Cottonseed, peanut, etc. oil order without regard to the rights of O f fic e of P rice A dministration — (FDO 29, Am. 3 )______10970 creditors, existing contracts, or payments Continued. Fish, imported salted (FDO made. Hawaii—Continued. Page 72)__----- 10970 (c) Audits and inspections. The DS Pish and seafood, etc. (MPR Peaches: rector shall be entitled to make suCn 373, Am. 9 )______10984 California freestone (FDO audit or inspection of the books, rec­ Jewelry (MPR 374, Am. 2 )____ 10984 73)—______10967 ords and other writings, premises, or Machines, parts and machinery Washington and Oregon El- stocks of fresh freestone peaches of any services (MPR 136, Am. 97) _ 10988 berta (FDO 74)______10969 person, and to make such investigations, Malted milk: " Sugar commercially recoverable as may be necessary or appropriate, in Retail prices: from: his discretion, to the enforcement or ad­ Group 1 and 2 stores (MPR Sugar beets______10967 ministration of the provisions of this 423, Am. 2).______10988 Sugar cane, Hawaii______._ 10967 order. Group 3 and 4 stores (MPR W ar P r o d uctio n B oard: (d) Records und reports. (1) The 422, Am. 2 )______10987 Broom materials and brooms Director shall be entitled to obtain such Wholesale prices (MPR 421, • L-283)------10977 information from, and require such re­ Am. 2 )______10987 Fire apparatus, motorized (L - ports and the keeping of such records Printing and printed paper . 43)------10975 by, any person, as may be necessary or commodities (MPR 225, Florists of Philadelphia, Pa., ap- appropriate, in his discretion, to the en­ Am. 6 )------10983 * proval of joint action plan forcement or administration of the pro­ Regional, state and district of­ (Certificate 106)______11016 visions of this order. fice orders: Stop construction orders (3 (2) Every person subject to this order Bernard pliers, Denver, €olo_ 11003 documents) ______11015 shall, for at least two years (or for such Bituminous coal, Seattle, Suspension orders: period of time as the Director may Wash., area______11011 . Schoenlein, L., and Son______10974 designate), maintain an accurate record Firewood: Western Sales and Supply of his transactions in freestone peaches Northern California (5 C o------10975 as defined herein. documents)_____ 11003-11007 Transportation; haulage con­ (3) The record-keeping requirements South Dakota—______11001 servation ( T - l ) ______. 10978 of this order have been approved by Fluid milk: Welding equipment gauges (L - the Bureati of the Budget in accordance Casper, Wyo______11002 272, Sched. V I)______10977 with the Federal Reports Act of 1942. Greeley, Colo., area______11003 W ar S h ip p in g A dministration : Subsequent record-keeping or report­ Laramie and Hanna, Wyo_ 11002 Insurance; miscellaneous ing requirements will be subject to the Rubber commodities (MPR 220, amendments______10991 approval of the Bureau of the Budget Am. 12)— i.------______10983 Merchant vessels; repairs and pursuant to the Federal Reports Act Rubber heels: other work______10991 of 1942. (MPR 200, Am. 10)______10980 (e) Petition for relief from hardship. (MPR 200, Am. 11)______10980 Any person affected by this order, who considers that compliance herewith Virgin Islands; prices (MPR 201, suit in a shortage in the supply of free­ Am. 6 )------10984 would work an exceptional and unrea t stone peaches produced in th£ State of sonable hardship on him, may file a p

prosecuted under any and all applicable from which the oil is to be shipped and Merluccius productus), pollock (Pol- laws. Further, civil action may be in­ the point where it is to be received. lachius virens), cusk (Brosmius brosme), stituted to enforce any liability or duty 3. By deleting the provisions in (c) ling (Molva molva), and saithe (Gadus createfi by, or to enjoin any violation of, virens). any provision of this order. thereof and inserting, in lieu thereof, the following; (3) The term “green-salted” means (g) Delegation of authority. The ad­ and includes salted fish neither skinned ministration of this order and the powers (c) Restrictions on delivery of refined nor boned (except that the vertebral vested in the War Food Administrator, oil. No person shall deliver refined oil column may be removed) when contain­ insofar as such powers relate to the ad­ to any other person who is a refiner, non- ing more than 43 percent of moisture, ministration of this order, are hereby refining margarine manufacturer, or by weight. delegated to the Director, and may be re­ non-refining shortening manufacturer, (4) The term “ dry-salted” means delegated by him to any employee of the and no refiner, non-refining margarine salted fish neither skinned nor boned United States Department of Agricul­ manufacturer, or non-refining shorten­ (except that the vertebral column may ture. ing manufacturer shall accept delivery of be removed) when containing not more (h) Communications. All reports re­ refined oil, except as specifically author­ than 43 percent of moisture, by weight. quired to be filed hereunder and all com­ ized or directed by the Director. In any (5) The term “boneless” means and munications concerning this order shall, authorization or directive issued pur­ includes salted fish, skinned or boned, unless instructions to the contrary are suant to this paragraph (c), the Direc­ whether or not dried. issued by the Director, be addressed to tor may designate the point from which (6) The term “ 1943 pack” means and the Food Distribution Administration, the oil is to be shipped and the point includes the salted fish produced from War Food Administration, Room 210, where it is to be received. the fish caught during the calendar year Mayer Building, Portland, Oregon. With respect to violations of said Food of 1943. (i) Effective date. This order shall Distribution Order No. 29, as amended, (7) The term “import” means, except become effective at 12:01 a. m., e. w. t., rights accrued, or liabilities incurred as used in (e) hereof, to enter for con­ August 9,1943. prior, to the effective date of this amend­ sumption in the continental United (E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 F.R. ment, said Food Distribution Order No. States from any foreign country, includ­ 3807; E.O. 9334, 8 F.R. 5423) 29, as amended, shall be deemed to be in ing the Treaty Coasts defined in the full force and effect for the purpose of Treaty of October 20, 1818, between the Issued this 6th day of August 1943. sustaining any proper suit, action, or United States and Great Britain, en­ M a r v in Jo n e s , other proceeding with respect to any titled “Convention Respecting Fisheries, War Food Administrator. such violation, right, or liability. Boundary, and the Restoration of [P. R. Doc. 43-12796; Filed, August 6, 1943; This amendment shall become effec­ Slaves”, proclaimed on January 30,1819, 11:37 a. m.j tive as of 12:01 a. m., e. w. t., August 7, or to withdraw from the bonded cus­ 1943. tody of the United States Bureau of Customs (bonded warehouse) in the con­ (E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 tinental United States, for consumption [PDO 29, Amdt. 3] F.R. 3807; E.O. 9334, 8 F.R. 5423) in the continental United States. P art 1460—F ats and O il s Issued this 5th day of August 1943. (8) The term “import” as used in M a r v in J o n e s, (e) hereof means to enter for consump­ USE AND DISTRIBUTION OF COTTONSEED, War Food Administrator. tion in the Territory of Puerto Rico from PEANUT, SOYBEAN, AND CORN OIL any foreign country, including the Food Distribution Order No. 29, as [F. R. Doc. 43-12797; Filed, August 6, 1943; Treaty Coasts defined in the aforesaid amended (8 F.R. 5619), § 1460.13, issued 11:37 a. m j Treaty of October 20, 1818, between the under authority of the War Food Admin­ United States and Great Britain, or to istrator on April 28, 1943, is amended as withdraw from the bonded custody of follows: the United States Bureau of Customs [PDO 72] 1. By deleting the provisions in (a) (bonded warehouse) in the Territory (2) thereof and inserting, in lieu thereof, P art 1465—F is h and S h e l l f is h of Puerto Rico for consumption in the the following: Territory of Puerto Rico. ALLOCATION OF IMPORTED SALTED FISH (9) The term “importer” means any (2) The term “refined oil” means any person who is the first owner, in the con­ oil pressed, expelled, or extracted from The fulfillment of requirements for the defense of the United States will result tinental United States, of imported cottonseed, peanuts, soybeans, or corn, salted fish; and it is immaterial, in de­ which has been refined by treating with in a shortage in the supply of salted fish for defense, for private account, and termining whether a person is an im­ caustic soda, soda ash, or otherwise to porter, whether or not the United States reduce the free fatty acid content, and for export; and the following order is deemed necessary and appropriate in the import duty, if any, or other payments . which may or may not have been further were made through or by a customs prooessed. Such processing may in­ public interest and to promote the na­ tional defense: broker, nominal consignee, or other clude, but is not limited to, bleaching, agent. deodorizing, winterizing, or hydrogena­ § 1465.23 Regulation of salted fish (10) The term “Director” means the tion. However, unless otherwise speci­ imported into the United States— (a) Director of the Food Distribution Ad­ fied by the Director, “refined oil” when Definitions. When used -in this order, ministration, War Food Administration. allocated for delivery pursuant to this unless otherwise distinctly expressed or (11) The term “governmental agency” order shall mean (in the absence of a manifestly incompatible with the intent means (i) the Armed Services of the previous contract between the deliverer hereof : United States (for the purpose of this and the deliveree, or unless otherwise re­ (1) The term “person” melms any in­ order, such does not include the United quested by the deliveree) oil that is once dividual, partnership, association, busi­ States Army post exchanges, United refined, unbleached, and undeodorized. ness trust, corporation, or any organized States Navy ship’s service departments, 2. By deleting the provisions in (b) group of persons, whether incorporated or United States Marine Corps post ex­ thereof and inserting, in lieu thereof, or not. changes) ; (ii) the Food Distribution Ad­ the following: (2) The term “salted fish” means and ministration, War Food Administration (including, but not restricted to, the Fed­ (b) Restrictions on delivery of crude includes the following if such fish are eral Surplus Commodities Corporation); oil. No person shall deliver and no per­ cured or preserved in any manner with (iii) the War Shipping Administration; son, except an industrial user, shall ac­ the use of salt, but does not mean or cept delivery of crude oil, except as spe­ include the following if such are smoked (iv) the Veterans’ Administration; and (v) any other instrumentality or agency cifically authorized or directed by the or packed in air-tight containers: Cod Director. In any authorization or di­ designated by the War Food Administra­ (Gadus macrocephalus and Gadus cal­ tor. The term “governmental agency” rective issued pursuant to this paragraph larlas), haddock (Melanogrammus ae- also includes any contract school or ship (b ), the Director may designate the point glefinus), hake (Urophycis species and operator, as defined in Food Distribution FEDERAL REGISTER, Saturday, August 7, 1943 10971

Regulation 2 (8 F.R. 7523), purchasing quantity of salted fish from the 1943 Guard, or the Marine Corps personnel, restricted salted fish in accordance with pack which has been imported in 1943 or for consumption on ships operating said Pood Distribution Regulation 2. by any importer, prior to the effective under the War Shipping Administration. (12) The term “Armed Services of the date of this order, shall be deducted in Each importer who claims that a partic­ United States” means the Army, the computing the respective importer’s ular importation and delivery of salted Navy, the Marine Corps, or the Coast quota, except that any such quantity fish is for a governmental agency and Guard of the United States. of such salted fish as may have been is, therefore, exempt from quota re­ (b) Allocations. (1) Notwithstanding imported for the use of any governmental striction under this order, shall promptly any previous contract or other arrange­ agency or sold by the respective im­ submit to the Director a copy of each ment, no person shall import into the porter, prior to the effective date hereof, such certificate, described hereinabove, continental United States, for consump­ to any governmental agency subsequent and certify to the Director that such is tion in the continental United States, to the importation of such salted fish a true and correct copy of the certificate any salted fish except as permitted by shall not be deducted in computing the issued, as aforesaid. this order. respective importer’s quota. The Direc­ (e) Restrictions relative to Puerto (2) Prom the 1943 pack, each importer tor shall notify each importer with re­ Rico. The Pood Distribution Adminis­ is, subject to the limitation of the quota spect to the respective importer’s quota tration is hereby authorized, notwith­ determined hereunder, and subject fur­ determined pursuant hereto; and an im­ standing any provision of Pood Distribu­ ther to the various other provisions porter shall not import salted fish in tion Regulation 2 (8 P.R. 7523) or any hereof and to the import authorization excess of his quota. other order or regulation, to purchase all under War Production Board Order (c) Reallocation. Each importer s of the salted fish for the requirements M-63 (8 F.R. 8818), as amended, hereby quota pursuant hereto is on condition of the Territory of Puerto Rico. No per­ authorized to import for consumption in that the respective importer shall con­ son other than the Food Distribution Ad­ the continental United States (i) from tract on or before September 15, 1943, ministration may import salted fish of Canada not more than 55 percent, net for the purchase of the entire quota of the 1943 pack into the Territory of weight, of the salted fish imported by salted fish allocated hereunder to the Puerto Rico. > the respective importer from Canada in respective importer, and submit, on or (f) Audits and inspections. The Di­ 1942; (ii) from Newfoundland not more before September 20, 1943, to the Direc­ rector shall be entitled to make such than 55 percent, net weight, of the salted tor a copy of each such contract: Pro­ audit or inspection of the books, records fish imported by the respective importer vided, That no such contract need be and other writings, premises or stocks of from Newfoundland in 1942;' and (iii) submitted with respect to salted 'fish salted fish of any person, and to make from Iceland not more than 20 percent, which are the product of American fish­ such investigations, as may be necessary net weight, of the salted fish imported eries and are from the Treaty Coasts or or appropriate, in his discretion, to the by such importer from Iceland in 1942. regions described in the aforesaid Treaty enforcement or administration of the Each quantity of salted fish imported in of October 20, 1818, between the United provisions of this order. 1942 by a particular importer for the States and Great Britain. An importer (g) Records and reports. The Direc­ use of any governmental agency or sold may, under his quota pursuant to this tor shall be entitled to obtain such in­ to any governmental agency by such order, import only such salted fish of the formation from, and require such re­ importer subsequent to the importation 1943 pack as may have been contracted ports and the keeping of such records of such salted fish in 1942 shall be ex­ for as aforesaid, by the respective im­ by, any person, as may be necessary or cluded from the computation of the re­ porter on or before September 15, 1943. appropriate, in his discretion, to the spective importer’s quota, as aforesaid. The Director may reallocate among enforcement or administration of the The quota which may be imported pur­ other importers or other persons, includ­ provisions of this order. The record­ suant hereto shall be computed on the ing but not being limited to the Food keeping and reporting requirements of basis of dry-salted fish, but each im­ Distribution Administration or the Fed­ this order have been approved by the porter may import his entire quota in eral Surplus Commodities Corporation, Bureau of the Budget pursuant to the green-salted, dry-salted, or boneless fish, the unused portion of any importer’s Federal Reports Act of 1942. Subse­ quent specific record-keeping or report­ as defined in (a) hereof, or any combina­ quota not thus under contract on Sep­ ing requirements by the Director will be tion thereof: Provided, That the follow­ tember 15, 1943. ing ratio shall be applied to each such (d) Exemption from quota restric­ subject to approval by the Bureau of the Budget pursuant to the Federal Re­ quota: one pound of dry-salted fish tions. The provisions of this order shall equals 1.75 pounds of green-salted fish, ports Act of 1942. not be construed as restricting the im­ (h) Petition for relief from hardship. and one pound of dry-salted fish equals portation of salted fish by or for a gov­ 0.85 pound of boneless fish. Any person affected by this order who ernmental agency: Provided, That any considers that compliance herewith (3) Each importer shall, prior to im­ such importation of salted fish by or porting salted fish pursuant to the pro­ would work an exceptional and unrea­ for a governmental agency shall be free sonable hardship on him may apply in visions hereof, submit to the Director a from regulation hereunder only if, with statement, with respect to each lot of writing for relief to the Director, setting respect to each such importation, a cer­ forth in such petition all pertinent facts salted fish imported by such person in tificate is issued, prior to the importa­ the calendar year of 1942 and in 1943 and the nature of the relief -sought. tion of the salted fish of the 1943 pack, The Director may thereupon take such prior to the effective date hereof, show­ by the Quartermaster General of the ing (i) the country of origin, (ii) the action as he deems appropriate, which Army, the Chief of the Bureau of Sup­ action shall be final. name of the shipper, (iii) the quantity, plies and Accounts or the Chief of the (iv) the date and port of entry, (v) the (i) Violations. The War Food Admin­ Bureau of Naval Personnel of the Navy, istrator may, by suspension order, pro­ rate of duty paid, (vi) the name of the the Commandant of the United States person making the Unjted States Cus­ hibit any person who violates any provi­ Coast Guard, the Quartermaster of the sion of this order from receiving, mak­ toms entry or withdrawal from the United States Marines, the Administra­ bonded custody of the United States Bu­ ing any deliveries of, or using salted fish, tor of the War Shipping Administration, or any other material subject to priority reau of Customs, and (A d i) the quantity the Director of the Veterans Adminis­ of salted fish sold in 1942 and in 1943 or allocation control by the War Food tration, the Director, or the duly author­ Administrator, and may recommend prior to the effective date hereof, by ized representative of any of the fore­ that any such person be prohibited from such importer to a governmental agency going, and such certificate is issued to and the name of the particular govern­ the person having the prime contract receiving, making ahy deliveries of, or mental agency. The Director shall, with a governmental agency, and speci­ using materials subject to the priority from the information submitted to him fying, in such certificate, the following: or allocation control of other govern­ and from such other information as may the name of the importer supplying such mental agencies. In addition, any per­ be available to him, determine, in ac­ salted fish and that such salted fish are son who wilfully violates any provision cordance with the provisions of this or­ of this order is guilty of a crime and may der, the respective importer’s quota for direct Army, Navy, Coast Guard, or Marine Corps issue or for contract feed­ be prosecuted under any and all appli­ which may be imported from the 1943 cable laws. Further, civil action may be pack of salted fish: Provided, That the ing of the Army, the Navy, the Coast 10972 FEDERAL REGISTER, Saturday, August 7, 1943

instituted to enforce any liability or duty (d) For the purposes of this article the the treatment of arthritis, neuritis, or created by, or to enjoin any violation of, term ‘‘subcontracts’’ includes only contracts rheumatism or similar diseases or condi­ any provision of this order. for the production of or work upon an item, tions; or that said preparation will re­ (j) The ad­ component, or assembly manufactured ac­ Delegation of authority. cording to Government specifications or lieve or alleviate the symptoms of pain ministration of this order and the powers specifications of a prime contractor and does associated with such diseases or condi­ vested in the War Food Administrator, not include (1) any purchase of a standard tions; or that said preparation possesses insofar as such powers relate to the ad­ commercial or catalog item, or (2) any pur­ curative properties in the treatment of ministration of this order, are hereby chase of a basic raw material, or (3) any any of such diseases or conditions; pro­ delegated to the Director. The Director purchase of supplies or services for the gen­ hibited. (Sec. 5,38 Stat. 719, as amended is authorized to redelegate to any em­ eral operation of the contractor’s plant, or by sec. 3, 52 Stat. 112; 15 U.S.C., sec. 45b) ployee of the United States Department (4) any purchase from a parent, subsidiary, or affiliate of the Contractor. [Cease and desist order, J. E. Todd, Inc., of Agriculture any or all of the authority Docket 4549, July 27, 1943] vested in him by this order. (b) It is to be noted that the above At a regular session of the Federal (k) Communications. All reports re­ clause is applicable to fixed price con­ Trade Commission, held at its office in quired to be filed hereunder and all com­ tracts only. The application of this the City of Washington, D. C., on the munications concerning this order shall, clause, or a similar one, to cost-plus-a- 27th day of July, A. D. 1943. unless instructions to the contrary are fixed-fee contracts is under considera­ This proceeding having been heard issued by the Director, be addressed to tion and regulations in this regard will by the Federal Trade Commission upon the Director of Food Distribution, War be published shortly. (Sec. 5a, National the complaint of the Commission, an­ Food Administration, United States De­ Defense Act as amended, 41 Stat. 764, 54 swer of the respondent, testimony and partment of Agriculture, Washington 25, Stat. 1225; 10 U.S.C. 1193-1195, and the other evidence in support of and in op­ D. C., Ref. FD-72. First War Powers Act 1941, 55 Stat. 838, position to the allegations of said com­ (l) Effective date. 'This order shall 50 U.S.C. Sup. 601-622) [A.S.F. Mem­ plaint taken before a trial examiner of become effective at 12:01 a. m., e. w. t., orandum No. S5-145-43, 28 July 19431 the Commission theretofore duly desig­ August 5, 1943. Section 81.223 (d) (4) is amended as nated by it, report of the trial examiner (E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 F.R. follows: upon the evidence and exceptions filed 1 thereto, supplemental report of the trial 3807; E.O. 9334, 8 F.R. 5423) § 81.223 Factors governing placement of contracts. * * * examiner, and briefs and supplemental Issued this 5th day of August 1943. briefs filed in support of the complaint (d) Labor shortage areas. * * * and in opposition thereto; and the Com­ M arvin J o n e s , (4) Exceptions. The restrictions stat­ War Food Administrator. mission having made its findings as to ed in this paragraph (d) do not apply the facts and its conclusion that said [P. R. Doc. 43-12743; Piled, August 5, 1943; to the placing of contracts: respondent has violated the provisions 4:41 p. m.] (i) With firms which currently em­ of the Federal Trade Commission Act: ploy less than 100 wage earners and It is ordered, That the respondent, J. E. which will not employ more than 100 Todd, Inc., a corporation, its officers, wage earners during the performance of agents, representatives, and employees, the contract; or TITLE 10—ARMY: WAR DEPARTMENT directly or through any corporate or (ii) With originating manufacturers other device in connection with the offer­ Chapter V III—Procurement and Disposal for a newly developed article in accord­ ing for sale, sale, or distribution of its of Equipment and Supplies ance with § 81.224. (Sec. 5a, National medicinal preparation designated Defense Act as amended, 41 Stat. 764, 54 “Todd’s Capsules,” or any other prepa­ P art 81— P rocurement of M ilitary Stat. 1225; 10 U.S.C. 1193-1195 and the ration of substantially similar composi­ Supplies and A nimals First War Powers Act 1941, 55 Stat. 383, tion or possessing substantially similar 50 U.S.C. Sup. 601-622) [A.S.F. Mem­ FIXED PRICE CONTRACTS, SUBCONTRACTING, properties, whether sold under the same orandum No. S5-145-43, 28 July 1943] name or under any other name, do forth­ ETC. * * * * * with cease and desist from directly or Section 81.367 is added as foliows: [ se al] J. A. Ulio, indirectly; § 81.367 Fixed price contracts; sub­ Major General, 1. Disseminating or causing to be dis­ contracting. (a) All fixed price con­ The Adjutant General. seminated any advertisement by means tracts, except those in which, in the [F. R. Doc. 43-12768; Filed, August 6, 1943; of the United States mails or by any opinion of the contracting officer, sub­ 10:06 a. m.] means in commerce as “ commerce” is contracting (as defined in paragraph (d) defined in the Federal Trade Commission quoted herein is impracticable, will con­ Act, which advertisement represents, di­ tain the following clause without devia­ rectly or through inference, that re­ tion: TITLE 16—COMMERCIAL PRACTICES spondent’s preparation has any thera­ Chapter I—Federal Trade Commission peutic value in the treatment of arthritis, Subcontracting. (a) It is mutually under­ neuritis, or rheumatism or similar dis­ stood and agreed that the policy of the [Docket No. 4549] Government, as declared by Congress in Pub­ eases or conditions; or that said prepara­ lic Law 603— 77th Congress (the Smaller P art 3— D igest of C ease and D esist tion will relieve or alleviate the symp­ War Plants Act), is to bring about the great­ O rders toms of pain associated with such dis­ est utilization of small war plants facilities eases or conditions; or that said prepara­ which is consistent with efficient production J. E. TODD, INC. tion possesses curative properties in the of war materials. § 3.6 (t) Advertising falsely or mis­ treatment of any of such diseases or con­ (b ) The Contractor agrees to accomplish leadingly: Qualities or properties of ditions. the maximum amount of subcontracting to product or service: § 3.6 (x) Advertis­ 2. Disseminating or causing to be dis­ smaller war plants that the Contractor finds to be consistent with the efficient perform­ ing falsely or misleadingly: Results. In seminated any advertisement by any ance of all its other obligations undertaken connection with offer, etc., of respond­ means for the purpose of inducing or by this contract. ent’s medicinal preparation designated which is likely to induce, directly or in­ (c) The Government agrees that in any “Todd’s Capsules.”, or any other similar directly, the purchase in commerce as renegotiation proceedings involving this con­ preparation, disseminating, etc., any ad­ “ commerce” is defined in the Federal tract, proper consideration will be given to vertisement by means of the United Trade Commission Act of respondent’s the efficiency and ingenuity exhibited by the States mails, or in commerce, or by any medicinal preparation, which advertise­ prime contractor in subcontracting to, and means, to induce, etc., directly or indi­ ment contains any of the representa­ in utilizing the facilities of, smaller war plants; to the amount of such subcontracting rectly, purchase in commerce, etc., of tions prohibited in paragraph 1 hereof. so accomplished; and to the amount of tech­ respondent’s said preparation, which ad­ It is further ordered, That the re­ nical, engineering, and other assistance ren­ vertisement represents, directly or spondent shall, within sixty (60) days dered by the Contractor to such subcon­ through inference, that respondent’s after service upon it of this order, file tractors. preparation has any therapeutic value in with the Commission a report in writing, FEDERAL REGISTER, Saturday, August 7, 1943 10973 setting forth in detail the manner and This proceeding having been heard fined in the Federal Trade Commission form An which it.has complied with this by the Federal Trade Commission upon Act, which advertisement contains any of the representations prohibited in par­ order. the complaint of the Commission, and By the Commission. the stipulation as to the facts entered agraph (1) hereof, or which advertise­ into by and between counsel for the ment fails to reveal the dangerous con­ [ seal] O tis B. Jo hnso n, sequences which may result from the use Secretary. Commission and the respondent upon the record, which provides, among other of the said preparation as required in [F. R. Doc. 43-12788; Piled. August 6, 1943; things, that without further evidence or said paragraph (1). 11: 24 a. m.] other intervening procedure, the Com­ It is further ordered, That the re­ mission may issue and serve upon the spondent shall, within sixty (60) days respondent herein findings as to the after service upon him of this order, file with the Commission a report in writing, [Docket No. 4836] facts and conclusions based thereon and an order disposing of the proceeding, setting forth in detail the manner and P art S— D igest of C ease and D esist and the Commission having made its* form in which he has complied with this O rders findings as to the facts and its conclusion order. AMOGEN COMPANY that said respondent has violated the By the Commission. provisions of the Federal Trade Commis­ [ seal! O tis B. Johnson, § 3.6 (tí Advertising falsely or mis­ sion Act; Secretary. leadingly; Qualities or properties of It is ordered, That the respondent,’ product or service: % 3.6 (x) Advertising [P. R. Doc. 43-12789; Piled, August August 3, 1943. for War of the members of the Board material or construction plant in order P a u l V. M cN u t t , the proposed budget for the remainder to begin construction or to continue con­ Federal Security Administrator. of the calendar year 1943 and the pro­ struction, as defined in Conservation Or­ posed general plan of operation of the der L-41, unless hereafter specifically [P. R. Doc. 48-12773; Piled, August 6, 1943; Board shall be filed with the Solid Fuels authorized in writing by the War 10:35 a. m.] Administrator for War. Production Board. (b) Deliveries of material to August § 601.14 Vacancies on Boards. The Schoenlein, doing business as L. Schoen­ Solid Fuels Administrator for War will lein & Son, or under any other name, his TITLE 30—MINERAL RESOURCES receive and consider suggestions and or its successors or assigns shall not be nominations from time to time from pro­ Chapter VI—Solid Fuels Administration accorded priority over deliveries under ducers and from the principal labor or­ any other contract or order and no pref­ for War ganizations in each district as to changes erence rating shall be assigned, applied, [Order No. 2] in membership of the Bituminous Coal or extended to such deliveries by means Producers Advisory Board and as to suc­ of preference rating certificates, pref­ P art 601—A dministrative ; G eneral cessors to members when they resign or erence rating orders, or any other orders retire. or regulations of the War Production BITUMINOUS COAL PRODUCERS ADVISORY Board, unless hereafter specifically BOARDS Issued this 3d day of August 1943. authorized in writing by the War It would be very helpful in carrying H arold L. I ckes, Production Board. out the purposes of Executive Order No. Solid Fuels Administrator for War. (c) No allocation or allotment of ma­ 9332 (8 F.R. 5355) if there were available terials or products, the supply or dis­ [P. R. Doc. 43-12739; Piled, August 6, 1943; a Bituminous Coal Producers Advisory tribution of which is governed by any 2:22 p. m.] order or regulation of the War Produc- FEDERAL REGISTER, Saturday, August 7, 1943 10975 (11) A pump and motor designed to be tion Board shall be made to August P art 1066—M otorized F ire A pparatus mounted on a trailer, skid, or other type Schoenlein, doing business as L. Schoen- [General Limitation Order L-43, as Amended lein & Son, or under any other name, August 6, 1943] of support; and (iii) A vehicle or other support carry­ his or its successors or assigns, unless The fulfillment of requirements for hereafter specifically authorized in writ­ the defense of the United States has cre­ ing a pump or a pump and motor of the ing by the War Production Board. ated a shortage in the supply of the ma­ types described in the preceding subpara­ (d) Nothing contained in this order terials entering into the manufacture of graphs of this paragraph (a) (11). shall be deemed to relieve August motorized fire apparatus for defense, for Schoenlein, doing business as L. Schoen­ The term does not include any pumps private account and for export; and the covered by Limitation Order L-192 or L- lein & Som or under any other name, his following order is deemed necessary and or its successors or assigns from any re­ appropriate in the ^public interest and 246, or Schedule V II to Limitation Order striction, prohibition, or provision con­ to promote the national defense: L-217. tained in any other order or regulation (12) “Copper base alloy” means any of the War Production Board, except in § 1066.1 General Limitation Order alloy in the composition of which the so far as the same may be inconsistent L-43— (a) Definitions. For the purposes weight of copper equals or exceeds 40 per with the provisions hereof. of this order: cent of the weight of all metal in the (1) “Motorized fire apparatus” means (e) This order shall take effect on alloy. August 6, 1943, and shall expire on self-propelled motorized fire apparatus (13) “Specification of the War Pro­ November 6, 1943. and auxiliary pumping units of fire ap­ duction Board” means the specification paratus, and includes accessories there­ Issued this 30th day of July 1943. for 500 and 750 g. p. m. pumpers on file for and equipment thereon. at the offices of the Safety and Technical W ar P r o d uctio n B oard, The term shall not Include second hand Equipment Division of the War Produc­ By J. Jo se ph W h e l a n , apparatus nor parts or materials for the Recording Secretary. tion Board, Washington, 25 D. C. (Copies repair or maintenance of existing appa- of this specification may be obtained by [P. R. Doc. 43-129779; Piled, August 6, 1943; addressing a communication to the ad­ 11:20 a. m.j • ratus. (2) “ Sedan” means self-propelled mo­ dress indicated in paragraph (k) of this torized fire apparatus of which more order.) (14) “Manufacturer” means any per­ P art 1010— S u s p e n s io n O rders than 50% of the area behind the wind­ shield is enclosed. son engaged in the business of manufac­ [Suspension Order S-341, Amdt. 1] (3) “Service ladder truck” means self- turing, fabricating or assembling motor­ WESTERN SALES AND SUPPLY CO. propelled motorized fire apparatus on ized fire apparatus. which the equipment carried consists (15) “Distributor” means any person Bernard W. Stein, Abraham Stein, of service or ground ladders, miscellane­ engaged in the business of purchasing Harold H. Stein, and J. R. Stein, doing ous equipment, and tools. and reselling riiotorized fire apparatus business as Western Sales and Supply without further fabrication of such ap­ Company at 1011 West Highland Avenue, (4) “Squad car” means self-propelled motorized fire apparatus designed to paratus. Hollywood, California, have appealed (16) “Person” means any individual, carry men. from the provisions of Suspension Order partnership, association, business trust, S-341, issued on June 10, 1943, and in (5) “ Salvage car” means self-pro­ pelled motorized fire apparatus designed corporation, governmental corporation connection with the appeal have asked or agency or any organized group of per­ for permission to sell their inventory of to carry canvas covers, life nets, and similar equipment. sons, whether incorporated or not. steel products located in their Hollywood, (b) Restrictions on manufacture Of California warehouse. The Chief Com­ (6) “Rescue car” means self-propelled motorized fire apparatus designed to motorised fire apparatus. Except as per­ pliance Commissioner, after considering mitted by paragraph (c) of this order, all the circumstances, has decided to carry first.aid equipment.. (7) “Hose truck” means self-propelled no manufacturer shall take any action grant such periftission, in accordance to commence, continue or complete the with the terms of paragraph (b) (1) set motorized fire . apparatus designed to carry fire hose. manufacture of: forth below, which is to be incorporated (1) Any sedan, service ladder truck, into the suspension order as a new para­ (8) “Pumper” means self-propelled motorized fire apparatus carrying a squad car, salvage car, rescue car, or graph. hose truck; Section 1010.341, Suspension Order booster tank, a pump, and hose, which is designed primarily to pump water from (2) Any chassis for use in connection S-341 issued June 10, 1943, is hereby with a pumper carrying a centrifugal amendect by including therein a new sources other than its own booster tank. (9) “Tank truck” means self-propelled pump of 500 g. p. m. capacity, as rated paragraph to be known as paragraph by the National Board of Fire Under­ (b) (1) reading as follows: motorized fire apparatus carrying a water tank, a pump, and hose, which is writers, unless such pumper is being -(b) (1) Nothing herein contained shall designed primarily to pump water from manufactured for delivery to or for the be deemed to prevent the respondents its own water tank rather than from account of the Navy of the United States, Lend-Lease, or any person to whom an from selling the stock of steel products outside sources. The term shall include, which they have in their Hollywood, Cal­ export license covering the specific equip-* but not by way of limitation, so-called ifornia warehouse, provided the follow­ ment has been issued by the Board of ing conditions are complied with: “crash trucks”. Economic Warfare; (i) Deliveries must be in accordance (10) “Aerial ladder truck” means self- (3) Any IV2 ton chassis for use in with paragraphs (d) (1), (2) and (3) of propelled motorized fire apparatus on the connection with a tank truck, unless CMP Regulation No. 4 as amended. .chassis of which are combined an aerial such tank truck is being manufactured (ii) Deliveries must be made in ac­ ladder and any or all of the following for delivery to or for the account of the cordance with the rules, regulations and equipment: (i) a complement of service Navy of the United States or Lend-Lease; orders of the Office of Price Administra­ (4) Any pumper except the following . or ground ladders, (ii) fire hose, (iii) a tion. " ; ■' ’ * types: (iii) No delivery shall be made without booster tank, (iv) a pump. An aerial (i) Pumpers which carry centrifugal obtaining the approval of the Regional ladder truck may also carry miscellane- pumps of either 500 or 750 g. p. m. ca­ Compliance Chief of the San Francisco ous equipment. pacities, as rated by the National Board Regional Office of the War Production (11) “Auxiliary pumping unit” means of Fire Underwriters, and which conform Board. the following types of fire apparatus: to the “Specification of the War Produc­ Issued this 6th day of August’1943. tion Board”, and (i) A pump designed to be mounted on (ii) Pumpers which carry centrifugal W ar P ro ductio n B oard, the front or side of a self-propelled ve­ pumps of 1000 or 1250 g. p. m. capacity, as By J. J o seph W h e l a n , hicle and designed to receive its pumping Recording Secretary. rated by the National Board of Fire Un­ power from the motor of the self-pro­ derwriters: Provided, however, That the [P. R. Doc. 43-12780; Piled, August 6, 1943; manufacture of such pumpers shall not 11:20 a. m.] pelled vehicle; No. 156------2 10976 FEDERAL REGISTER, Saturday, August 7, 1943

be commenced until the specifications (3) No manufacturer or distributor (iv) Under section (5) of table III therefor have been submitted to the War shall sell, deliver, or otherwise supply; state in detail the reasons why the appa­ Production Board and have been spe­ (i) Any accessories or equipment for ratus applied for is needed at this time. cifically approved by the War Production use in connection with new motorized (The application cannot be processed un­ Board; fire apparatus other than the types and less a full statement is made on this (5) Any tank truck except one having kinds permitted for pumpers by para­ subject.) a pump capacity of not more than 400 graph D-20 of the “Specification of the (2) Any authorization by the War Pro­ g. p. m. and carrying a water tank of a War Production Board.” duction Board on Form PD-556 may be capacity of 250 gallons or more, Provided, (ii) Any intercooler for use in connec­ granted subject to any conditions which however, That the restrictions set forth tion with any auxiliary pumping unit, ex­ the War Production Board deems neces­ in this subparagraph (5) shall not apply sary. Such conditions may include the cept wher,e it is to be used in place of a to the manufacture of tank trucks for requirement that a different size or type delivery to or for the account of the Army radiator. of apparatus be obtained, or any other or Navy of the United States'or Lend- (iii) Any tachometer for use in connec­ condition. The War Production Board Lease; tion with motorized fire apparatus, ex­ may also assign a preference rating on (6) Any aerial ladder truck except one cept tachometers which were completed Form PD-556 if such rating is deemed carrying and in the possession of manufacturers necessary. (1) An extension ladder of not less or distributors on April 16, 1943. (g) Production and shipping sched­ than 65 feet nor more than 100 feetTIn N ote: Paragraph (Ml) amended August 6, ules and restrictions thereon. On or be­ 1943, length; fore April 26, 1943, and on or before the 15th day of each succeeding calendar (ii) Not more than 500 feet of 2 y2 inch (4) No person shall sell or deliver any month, each manufacturer of motorized fire hose, if hose is required; suction hose for use in connection with fire apparatus shall file with the War motorized fire apparatus except to fill (iii) A booster tank of not less than 100 Production Board in triplicate on Form purchase orders bearing preference rat­ PD-774 his proposed production and gallon nor more than 200 gallon capacity, ings of AA-5 or higher; if a booster tank is required; and (iv) A shipping schedules of motorized fire ap­ (5) Subject to the further restrictions paratus for such period as production pump having a capacity of not more than contained in paragraph (g) of this order, and shipping may be planned. Upon re­ 100 g. p. m„ if a pump is required. no person shall sell or deliver any ceipt of such form, the War Production (c) Exceptions. (1) Notwithstanding pumper, tank truck, aerial ladder truck, Board will approve or disapprove the the restrictions set forth in paragraph or auxiliary pumping unit, except to or proposed production and shipping sched­ (b) of this order any motorized fire ap­ for the account of: ule, or make such changes therein as paratus in the process of manufacture (i) The Army or Navy of the United it shall deem necessary, and will there­ on April 16, 1943, may be completed to States: upon return to the manufacturer a copy fill purchase orders bearing preference (ii) Any agency of the United States of such form as approved or changed. ratings which had been assigned to the Government for delivery to or for the Notwithstanding any preference rating person placing the order prior to April account of the government of any coun­ which any order may bear or any rule 16, 1943. Deliveries of- such apparatus try pursuant to the Act of March 11, or regulation of the War Production may be made and accepted without fur­ 1941, entitled, “An Act to Promote the Board, each manufacturer shall pro­ ther authorization under paragraph' (e) Defense of the United States” (Lend- duce and ship motorized fire apparatus (5) (iii) of this order. Lease. A c t); or in accordance with his production and (2) The provisions of paragraphs (b) (iii) Any other person who has been shipping schedules as Approved or (2) and (b) (3) of this order shall not authorized by the War Production Board changed by the War Production Board. be construed to prohibit any alteration on Form PD-556 to receive the specific (h) Violations. Any person who wil­ or further fabrication of chassis which motorized fire apparatus and has deliv­ fully violates any provision of this or­ have been obtained under the provisions ered to his supplier a copy of such form der, or who, in connection with this of General Conservation Order M-100. signed in the name of the War Produc­ order, wilfully conceals a material fact (d) Restrictions on use of materials tion Board. or furnishes false information to any in motorized fire apparatus. Except as (6) No person shall purchase or accept department or agency of the United specifically authorized by the War Pro­ delivery of any material if he knows or States is guilty of a crime and upon con­ duction Board, no manufacturer shall has reason to believe that the sale or viction may be punished by fine or im­ incorporate in the manufacture of any delivery of such material is prohibited by prisonment. In addition, any such per­ motorized fire apparatus, or of compo­ the terms of subparagraphs (1), (2), (3), son may be prohibited from rriaking or nent parts thereof, any aluminum, cop­ (4) or (5) of this paragraph (e). obtaining further deliveries of, or from per, copper base alloy nickel, chromium, (f) Authorizations on Form PD-556. processing or using, material under pri­ cadmium, tin, zinc, alloy steel, carbon (1) Each person seeking authorization ority control and may be deprived of steel, or synthetic rubber, except to the under paragraph (e) (5) (iii) of this priorities assistance. extent permitted in Appendix A, attached order to receive any pumper, aerial lad­ (i) Appeals. Any appeal from the •to this order. der truck, tank truck, or auxiliary pump­ provisions of this order shall be made (e) Restrictions on sale and delivery ing Unit shall prepare Form PD-556 in by filing a letter in triplicate, referring of motorized fire apparatus. (1) No quintuplícate (copies of which form may to the particular provision appealed manufacturer or distributor shall install be obtained at the local offices of the War from and stating fully the grounds of a bell on any motorized fire apparatus, Production Board) in the manner pre­ the appeal. and no person shall sell or deliver any scribed therein, subject to the following (j) Applicability of regulations. This bell which he knows or has reason to instructions: order and all transactions affected believe will be used in connection with (i) The form should be filed only by the thereby are subject to all applicable reg­ motorized fire apparatus; person (transferee) desiring to receive ulations of the War Production Board, as amended from time to time. N ote: Paragraph (1) amended August 6, the specified motorized fire apparatus 1943. and not by the person (transferor) de­ (k) Correspondence. Reports to be siring to make delivery of such appara­ filed and other communications con­ (2) No manufacturer or distributor tus. cerning this order shall be addressed shall install any new or used rubber tires on any auxiliary pumping unit, and no (ii) In describing the apparatus for to the War Production Board, Safety person shall sell or deliver any new or which application is made, give the type, and Technical Equipment Division, used rubber tires which he knows or has size, manufacturer’s name and any other Washington (25), D. C., Ref: L-43. reason to believe will be used on an auxil­ pertinent descriptive material. Do not Issued this 6th day of August 1943. iary pumping unit, except to fill “War fill in columns (b) and (c) of table II. W ar P r o d uctio n B oard, Orders” as defined in General Limitation (iii) Do not fill in sections (6), (7) and Order M-15-b. B y J. J o seph W h e l a n , (8) of table HI. Recording Secretary. FEDERAL REGISTER, Saturday, August 7, 1943 10977

(3) “Fiber” means any fiber used in Appendix A (2) Case material shall be zinc plated steel, with black finish inside and out. the manufacture of brooms, excluding Note: Paragraph (6) amended August 8, (3) -6crew ring shall be brass or platedbroom corn. 1943. (4) “Warehouse broom” means a In accordance with paragraph (d) of this steel, with black finish. order, the following materials may be incor­ (4) Glass shall be beveled. broom of the type ordinarily used in porated in the manufacture of motorized fire (5) Cupped litho silvered dial shall be industrial plants or for some other spe­ apparatus, or of component parts thereof, to used, and shall bear the legend: “Use no cial industrial, agricultural, mining or the extent indicated below, unless any of oil.” High pressure gauge dials shall in­ commerccial purpose. It does not in­ the uses specified herein shall conflict with clude a residual gas volume scale. No clude push or street brooms. the. provisions of any other limitation (“L ”) other service markings shall be used; but (5) “Household broom” means a or conservation (“M”) order, in which case broom of the type ordinarily used for the more restrictive order shall control: this does not mean that the gauge manu­ (1) Alloy steel containing chromium, in facturer may not put his name or trade­ household purposes and includes brooms relief valves and seats and highly stressed mark on the gauge. manufactured for other purposes if they steel parts, including axles, shafts and gears, (6) Pressure ranges shall be limited to are of the type ordinarily used in the to the extent allowed by the National Emer­ the following: 0-30 lbs.; 0-60 lbs.; 0-100 household. gency Steel Specifications; in engine exhaust lbs.; 0-200 lbs.; 0-400 lbs.; 0-600 lbs.; (6) “Producer” means any person who valves to the extent permitted by Limitation produces, while this order is in effect, Order L-128; in pump shafts not exceeding 0-3000 lbs. (7) All gauge models shall conform to more than six hundred (600) brooms during any calendar month. 14 (2) Alloy steel containing nickel, in piston such safety requirements as are pre­ pins for engines over 125 horsepower and in scribed for such gauges by the National (7) “Wound broom” means a broom heavy duty gears, to the extent allowed by Board of Fire Underwriters on August 6, assembled by wrapping wire or twine the National Emergency Steel Specifications; 1943. over the broom corn or fiber to fasten and in engine exhaust valves to the extent (c) Special provisions. (1) The ex­ them to the handle. permitted by Limitation Order L-128; emption provisions of paragraph (c) (1) (8) “Whisk broom” means a small (3) Aluminum, as authorized in accordance (1) of Limitation Order L-272 shall not broom of the type ordinarily used for with the provisions of Order M -l-i; brushing clothes, and includes barber (4) Carbon steel, to the extent essential to apply to this schedule, which means that the efficient functioning of the parts; welding equipment gauges manufactured brooms, lobby brooms and the like. (5) Chromium, in alloy steel as permitted to fill existing purchase orders must con­ (9) “Metal cap broom” means a broom under paragraph (1) of this Appendix A; form to these specifications. A producer the handle of which is attached to two and in plating to the extent essential to the may, however, sell or deliver any com­ metal plates and in which the fiber is efficient functioning of the parts plated; pleted welding equipment gauges which Secured by clamping these plates over it. (6) Copper or copper base alloy (of the he has on hand* or use up any gauge parts (10) “Metal case broom” means a lowest type and grade which is practical for broom in which the handle and fiber the particular application), in automotive which he has in stock on August 6,1943. parts to the extent permitted by Limitation (2) The provisions of paragraph (c) are attached by means of an open top Order L-106; and copper base alloy (of the (2) of Limitation Order L-272 shall not oval band of thin sheet metal. lowest type and grade which is practical for apply to this schedule, which means that (11) “Design” of a broom means the the particular application), in intercoolers; welding equipment gauges must conform make-up, construction and quality in suction tube caps; discharge valve caps; valves to the above specifications notwithstand­ every detail, so that any two brooms of (not including the handles); relief valves; ing anything that Limitation Order L-134 the same design are necessarily identi- impellers, rings and rotors; and in swivels and says with respect to the use of chromium rollers in suction hose couplings; (c) Restrictions on purchasing and (7) Synthetic rubber, in valve packing, or nickel in instruments and instrument parts. accepting delivery of broom corn. No pump packing, hydraulic hose lines and fuel producer shall purchase or accept de­ pump lines; Issued this 6th day of August 1943. (8) Tin, in copper base alloys (where no livery of, or cause to be purchased or tin-free alloy can be used); and in solders W ar P r o d uctio n B oard, delivered for his account, any broom and babbitts to the extent permitted by By J. Jo se ph W h e l a n , corn if his inventory of broom corn will Preference Order M-43; Recording Secretary. thereby be increased to an amount in .(9) Zinc, in carburetors, fuel pumps, speed­ excess of thatj> consumed by him during ometers,- and windshield wipers; in plating [F. R. Doc. 43-12782; Filed, August 6, 1943; the six month period ended March 31, to the extent essential to the efficient func­ 11:20 a. m.] tioning of the parts plated; and for protec­ 1943. , tion of ferrous parts substituted for non- (d) Manufacturing restriction apply­ P art 3230—B room M aterials and ferrous parts. ing to all types of brooms. No producer B rooms shall manufacture any broom the han­ [F. R. Doc. 43-12781; Filed, August 6, 1943; [General Conservation Order L-283] dle of which has more than two coats of 11:20 a. m.] protective coating (i. e., lacquer, varnish, The fulfillment of requirements for paint, etc.) Provided, however, That no the defense of the United States has protective coating may be used which P art 3207— I n d u str ial T y p e I n s t r u ­ created a shortage in the supply of ma­ must be obtained with a preference rat­ terials entering into the manufacture of m e n t s , C ontro l V alves and R eg ula­ ing. tors: S implification brooms for defense, for private account, (e) Manufacturing restrictions apply­ and for export; and the following order [Schedule VI to Limitation Order L-272] ing to wound household and warehouse is deemed necessary and appropriate in brooms. (1) No producer shall manu­ WELDING EQUIPMENT GAUGES the public interest and to promote the facture any wound household or ware­ national defense. § 3207.7 Schedule VI to Limitation Or­ house broom: der L-272— (a) Definition. A “ welding § 3230.1 General Conservation Order (i) Finished except by lock, rundown equipment gauge” is any gauge which is L-283— (a) Applicability of regulations. or ring neck finish. designed and manufactured for use on This order and all transactions affected (ii) Having a ring neck finish using oxyacetylene apparatus. This does not thereby are subject to all applicable more than the number of turns of wire include any gauge for use on acetylene regulations of the War Production shown in the following schedule: generators or compressed gas pipe lines Board, as amended from time to time. Weight per dozen: Number of turns and manifolds, nor does it include gauges (b) Definitions. For the purpose of Up to 28 pounds— Not more than 8 turns. for regulators' for the control of thera­ this order: 28 to 32 pounds___Not more than 10 turns. peutic gases or oxygen respiratory appa­ (1) “Person” means any individual, 32 pounds and Not more than 14 turns, ratus. partnership, association, business trust, over. (b) Specifications. Welding equip­ corporation, governmental corporation (in) Having a rundown finish more or agency or any organized group of ment gauges shall be manufactured ac­ than 1 inch in width (not including the cording to the following specifications persons whether incorporated or not. (2) “Broom com” means the plant of width of the bead). only: (iv) Utilizing wire larger than 18% (1) Sizes shall be limited to 2-inch or the sorghum family used in the manu­ gauge,'Washburn and Moen steel wire 2%-inch dial diameter. facture of brooms. 10978 FEDERAL REGISTER, Saturday, August 7, 1943 gauge, or wire that is tinned, galvanized, having over 20 ounces of broom corn or This reporting requirement has been nickled, cadmium coated or finished with fiber may use up to 6% ounces of metal enamel or liquor. approved by the Bureau of the Budget in the cap. in accordance with the Federal Reports (v) Having a metal hanger or cap. (2) No producer shall manufacture (vi) Utilizing twine,having a tensile Act of 1942. any metal case broom using more than (k) Appeals. Any appeal from the strength of less than 36 pounds or more 2 ounces of metal in the case (including than 44 pounds on brooms weighing 32 provisions of this order shall be made by nails and rivets), except that brooms filing a letter in triplicate, referring to pounds per dozen or over, or of less than having over 20 ounces of broom corn or 2$ pounds or more than 33 pounds for the particular provision appealed from fiber may use up to 4% ounces of metal and stating fully the ground of the ap­ brooms weighing under 32 pounds per in the case. dozen. peal. (3) No producer shall manufacture (vii) Having more than 4 seams of sew­ (l) Communications to the War Pro­ any metal case or metal cap broom: duction Board. All reports required to ing, if the head measures less than 15 (i) Using more than one coat of fin­ inches; more than 5 seams of sewing if be filed ’hereunder, and all communica­ ish on the cap or case; tions concerning this order, shall,vunless the head measures at least 15 inches but (ii) Using twine having a tensile less than I 6V2 inches; or more than 6 otherwise directed, be addressed to: War strength of less than 27 or more than Production Board, Textile, Clothing and seams of sewing if the head measures 35 pounds in brooms having under 20 more than 16^ inches: Provided, how­ Leather Division, Washington 25 D C ounces of broom corn or fiber, or less Ref.: L-283. ever, That if a metal band is used the than 36 pounds or more than 44 pounds number of permitted sewings shall be (m) Violations. Any person who wil­ in brooms having 20 ounces or more of fully violates any provision of this order, fewer by 2 than the number specified broom corn or fiber; above. or who, in connection with this order] (iii) Having any sewings on brooms wilfully conceals a material fact or fur­ (viii) Having a handle of greater di­ using cut broom corn or fiber under ameter than the following: nishes false information to any depart­ 9l/z ' long, more than 2 seams of sewing ment or agency of the United States, is on brooms using corn or fiber over 9y2" Hardwood Softwood guilty of a crime, and upon conviction (inches) (inches) but less than 13", or more than 3 on may be punished by fine or imprisonment. brooms using corn or fiber 13" or over, In addition, any such person may be pro­ Broom weight under 32 pounds 1 except that 3 seams may be used on hibited from making or obtaining further Btoom weight 32 pounds or lHe 1M hide brooms; over. deliveries of, or from processing or using, (iv) Using handles having a diameter material under priority control and may greater than the following: (ix) Having metal bands, except in be deprived of priorities assistance. brooms weighing 32 pounds or over. (n) Effective dates. Paragraphs (e), (2) No producer shall use more than Hardwood Softwood (f), (g) and (h) of this order shall take 20 designs in manufacturing wound (inches) (inches) effect on September 1, 1943. All other brooms. paragraphs shall become effective imme­ (f) Manufacturing restrictions apply­ Brooms having over 20 ounces diately. of broomcorn or fiber • 1M ing to whisk brooms. (1) No producer Other weights— Issued this 6th day of August 1943. shall manufacture any whisk brooms: (1) With metal caps, metal hangers or W ar P r o d uctio n B oard, By J. j o seph W h e l a n , other similar parts made of metal, ex­ (v) Using '.vire bands weighing in the cept metal reinforcements for plush aggregate more than 1% ounces per Recording Secretary. caps. broom. [Î\ R. Doc. 43-12783; Filed, August 6, 1943; (ii) Using wire larger than 21 gauge, '

Mifflin, Juniata and Franklin; and that por­ (2) Applicability of other orders. schedule or supplement hereto, shall be tion of Maryland east of but not including deemed to include the railroad switch­ Nothing contained in this order shall be the counties of Frederick, Montgomery, ing limits as established in duly published construed to limit the requirements of Prince Georges, Calvert and St. Marys. any other War Production Board order rail tariffs. Second caustic soda zone: The District of (b) List 1 materials. (1) No person now or hereafter issued. Columbia; that portion of Pennsylvania and (3) Appeals. Any appeal from de­ Maryland not included in Zone 1; that por­ shall originate a controlled delivery of tion of Virginia north of the James River as any List 1 material, except as specifically nials of applications or from directions pursuant to this order, or any supple­ far west as Nelson County, and that portion authorized or directed in writing by the north of but not including the counties of War Production Board. ment or schedule hereto, shall be made Nelson and Augusta, plus that portion of (2) Any person seeking authorization by filing a letter in triplicate, referring Virginia included in the Richmond, Virginia, to originate a controlled delivery of any to the particular action appealed from switching limits as described in duly pub­ List 1 material may make application on and stating fully the grounds of the lished tariffs; also South Richmond and Form WPB-2188 (Formerly PD-782), or, appeal. Ampthill, Virginia, that portion of West (4) Violations. Any person who wil­ Virginia north of but not including the in emergency, by telegram, containing counties of Pocahontas, Greenbrier, Nicholas, substantially the information called for fully violates any provision of this order, or any supplement or schedule hereto, Kanawha, Putnam, Cabell; and that portion by such form. of Ohio east of but not including the coun­ (c) List 2 materials. (1) Each person or who, in connection therewith wilfully ties of Adams, Highland, Clinton, Greene, shall report on Form WPB-2188 (for­ conceals a material fact, or furnishes Clark, Champaign, Logan, Auglaize, Allen, merly PD-782) on or before the 20th day false information to any department or Hancock, Seneca, Huron and Erie. of each calendar month all controlled agency of the United States is guilty of Third caustic soda zone: The states of a crime, and upon conviction may be North Carolina and South Carolina; that deliveries of List 2 materials which he portion of Virginia and West Virginia not then intends to originate during the suc­ punished by fine or imprisonment. In addition, any such person may be pro­ included in Zone 2; that portion of Kentucky ceeding calendar month. south of but not including the counties of (2) Each person shall report on Form hibited from making or obtaining Mason, Bracken, Pendleton, Grant, Owen, WPB-2188 (formerly PD-782) on or be­ further deliveries of, or from processing Henry, Oldham and Jefferson, and that por­ fore the 10th day prior to originating or using, material under priority con­ tion of Kentucky east of but not including such delivery any controlled delivery of trol and may be deprived of priorities the counties of Crittenden, Caldwell, Chris­ 3.ssist£inc6. tian and Todd; that portion of Tennessee List 2 materials which he then intends east of but not including the counties of to originate and has not previously (5) Communications to the War Pro­ duction Board. All reports required to Montgomery, Cheatham, Davidson, William­ reported. son, Maury and Lawrence; that portion of (3) Any person may originate a con­ be filed hereunder, and all communica­ Alabama east of but not including the coun­ trolled delivery of List 2 materials re­ tions concerning this order or any sup­ ties of Lauderdale, Lawrence, Winston, ported pursuant to paragraph (c) (1) plement or schedule hereto, shall un­ Walker, Jefferson, Shelby, Coosa, Elmore, less otherwise directed be addressed to: Montgomery, Bullock, Barbour, Henry and or (2), unless otherwise specifically di­ Houston; and that portion of Georgia east rected in writing by the War Production War Production Board, Washington, D. C., Ref.: T -l (Specify commodity). and north of but not including the counties BoB>rd of Clay, Calhoun, Baker, Mitchell and Grady. (4) No person shall originate a con­ Issued this 6th day of August 1943. Fourth caustic soda Zone: The states of Michigan, Wisconsin, Minnesota, North Da­ trolled delivery of List 2 materials which W ar P roduction B oard, has not been reported pursuant to para­ kota, South Dakota, Nebraska, Kansas, Iowa By J. Jo seph W h e l a n , nnri Indiana; that portion of Kentucky not graph (c) (1) or (2) , except as specifi­ Recording Secretary. cally directed or authorized in writing by included in Zone 3 or 5; that portion of the State of Ohio not included in Zone 2; and List 1 the War Production Board. Application that portion of Illinois north of but not in­ for such authorization may be made ZONED DELIVERIES OT MATERIALS IN BULK (NOT cluding the counties of Union, Johnson, Pope on Form WPB-2188 (formerly PD-782), IN CONTAINERS), LOADED OB UNLOADED IN and Hardin; and that portion of Missouri or, in emergency, by telegram contain­ LIQUID FORM north of but not including the counties of ing substantially the information called Bates, St. Clair, Hickory, Dallas, Laclede, N ote: Paragraph (3) added August 6, 1943. for by such form. Texas, Shannon, Reynolds, Carter, Butler, (d) Deliveries originating outside 1. Molasses. Deliveries to any point 200 Stoddard and Cape Girardeau. miles or more distant from the point of Fifth caustic soda zone: The states of Ar­ United States. With respect to any de­ kansas, Louisiana, Florida, and Mississippi; livery terminating within the forty-eight origin, originating on or after July 1, 1943, of beet, blackstrap, invert, edible or hydrol that portion of Missouri and Illinois not in­ states or the District of Columbia, but in molasses. The term molasses shall be con­ cluded in Zone 4; .that portion of Kentucky fact originating elsewhere, the delivery strued to include the residuum of such not included in Zone 3 or 4; that portion of shall, for the purpose of this order and molasses. , Tennessee, Georg, a and Alabama not in­ any supplements or schedules hereto, be 2. Caustic soda (liqu id ). Deliveries, orig­ cluded in Zone 3i that portion of Oklahoma deemed to have been originated by the inating on or after July ,1, 1943, from any east of but not including the counties of point in any one jf the following zones to a Kay, Noble, Payne, Lincoln, Pottawatomie, consignee at the point of^entry. Pontotoc, Johnston and Bryan; that portion (e) Materials covered by supplements point in any other such zone, except that (a) Producers in Zone 2 may originate of Texas east of taut not including the coun­ and schedules. The War Production controlled deliveries without authorization ties of Fannin, Hunt, Rains, Van Zandt, Board may from time to time issue sup­ to any point in Area A as defined below, Smith, Cherokee, Angelina, Tyler, Hardin and plements or schedules to this order pre­ (b ) Producers in Zones 2 and 3 may orig­ Jefferson. scribing conditions governing controlled inate controlled deliveries without authori­ Sixth caustic soda zone: That portion of deliveries of particular materials speci­ zation to any point in Area B as defined Oklahoma and Texas not included in Zone 5. Seventh caustic soda zone: The state of fied thereon. On and after the effective below, (c) Producers in Zones 2 and 3, except Montana, Idaho, Wyoming, Colorado, Utah, date of any such supplement or sched­ Arizona and New Mexico, and that portion ule, no person shall make a controlled those in Virginia, may originate controlled deliveries without authorization to any of the State of Nevada east of but not includ­ delivery of any such material except as point in Area C as defined below, ing the counties of Humboldt, Pershing, specified in such supplement or schedule. (d) Producers in Zones 3, 4, and 6, except Churchill, Mineral and Esmeralda. (f) Nonapplicability of order. This those in Virginia, may originate controlled Eighth caustic soda zone: The states of order shall not apply to any carrier when deliveries without authorization to any point Washington, Oregon and California and that acting in the capacity of a carrier, nor in Area D as defined below, and portion of Nevada not included in Zone 7. (e) Producers in Zones 5 and 6 may orig­ Caustic soda Area A: The state of New Jer­ shall it operate as an assignment of, or sey, the counties of Delaware, Philadelphia, right to obtain, transportation equip­ inate controlled deliveries without authori­ zation to any point in Area E as defined Montgomery and Bucks in Pennsylvania, the counties of Putnam, Westchester, Rockland, ment. below. (g) Miscellaneous provisions— (1) Ap­ First caustic soda zone: The states of Bronx, New York, Richmond, Kings, Queens, plicability of regulations. This order Maine, New Hampshire, Vermont, Massachu­ Nassau and Suffolk in New York, and Fair- and all transactions affected hereby are setts, Rhode Island, Connecticut, New Jersey, field County in Connecticut. subject to all applicable regulations of New York and Delaware; that portion of Caustic soda Area B: The District of Colum­ Pennsylvania east of but not including the bia, the states of Delaware and Maryland; the War Production Board, as amended that portion of Virginia north of the James from time,to time. counties of Warren, Elk, Clearfield, Centre, 10980 FEDERAL REGISTER, Saturday, August 7, 1943

River as far west as the county of Amherst, 45 has been issued simultaneously here­ and that portion of Virginia north of but the purchaser pays cash within 30 days not including the counties of Amherst, Rock­ with and has been filed with the Divi­ after delivery of the rubber heels. sion of the Federal Register.* bridge, Botetourt and Craig; that portion of This amendment shall become effec­ West Virginia north of but not including the Section 1305.59 (b) is added to read as counties of Monroe, Summers, Raleigh, Boone, follows : tive August 12, 1943. Logan and Mingo, but not including the (b) The provisions herein with re­ (Pub. Laws 421 and 729, 77th Cong.; E.O. counties of Marshall, Ohio, Brock and Han­ 9250, 7 F.R. 7871, E.O. 9328; 8 F.R. 4681) cock; the counties of Boyd and Greenup in spect to beverage coasters and sea shells Kentucky; and that portion of Ohio east and shall not be applicable in the Territory Issued this 5th day of August 1943. south of but not including the counties of of Hawaii. P r entiss M . B r o w n , Scioto, Jackson, Vinton, Hocking, Perry, Mor­ gan, Noble and Monroe. This, amendment shall become effec­ Administrator. The counties of Jef­ tive August 11,1943. Caustic soda Area C: [F. R. Doc. 43-12748; Filed, August 6, 1943; ferson, St. Louis and St. Charles in Missouri, (Pub. Laws 421 and 729, 77th Cong.; E.O. 9:27 a. m.] the counties of Monroe, St. Clair, Madison, Bond, Clinton, Washington, Jefferson, Ma­ 9250, 7 F.R. 7871) rion, Fayette, Effingham, Clay, Wayne, Ham­ Issued this 5th day of August 1943. ilton, White, Edwards, Richland, Jasper, Cumberland, Clark, Crawford, Lawrence and P r entiss M . B r o w n , P art 1315—R ubber and P roducts and Wabash in Illinois; the counties of Jefferson, Administrator. M aterials of W h ic h R ubber I s a C o m ­ Oldham, Trimble, Henry, Carroll, Owen, Gal­ p o n e n t [F. R. Doc. 43-127^7; Filed, August 6, 1943; latin, Grant, Boone, Kenton, Campbell, [MPR 200,1 Arndt. 11] Pendleton, Bracken and Mason in Kentucky; 9:31 à. m.] that portion of Indiana south of but not RUBBER HEELS, RUBBER HEELS ATTACHED AND including the counties of Vermillion, Parke, THE ATTACHING OF RUBBER HEELS Putnam, Morgan, Hendricks, Bodne, Hamil­ ton, Tipton, Grant, Wells, and Adams; and P art 1315—R ubber and P roducts and A statement of the considerations in­ that portion of Ohio south and west of but M aterials of W h ic h R ubber is a C o m ­ volved in the issuance of this amend­ not including the counties of Van Wert, Allen, p o n e n t ment, issued simultaneously herewith, Hardin, Union, Madison, Fayette, Ross, Pike |MPR 200,1 Arndt. 10] has been filed with the Division of the and Scioto. Federal Register.* Caustic soda Area D: The portion of Mis­ RUBBER HEELS, RUBBER HEELS ATTACHED, AND Maximum Price Regulation 200 is souri east and south of but not including ATTACHING OF RUBBER HEELS the counties of Ripley, Carter, Wayne, Bol­ amended in the following respects: linger and Perry; the portion of Illinois south A statement of the considerations in­ 1. The preamble is amended by adding of but not including the counties of Jack- volved in the issuance of this amend­ a paragraph thereto to read as follows: son, Williamson, Saline, and Gallatin; the portion of Kentucky west and south of but ment, issued simultaneously herewith, In the judgment of the Price Adminis­ not including the counties of Union, Webster, has been filed with the Division of the trator the standardization required by Hopkins, Muhlenberg, and Logan; and the Federal Register.* this regulation is the only practicable portion of Tennessee west of but not includ­ Maximum Price Regulation 200 is means of securing effective price control ing the counties of Robertson, Sumner, W il­ amended in the following respects: of rubber heels sold in the shoe' repair son, Rutherford, Marshall and Giles. trade. Caustic soda Area E: The portion of Texas 1. Section 1315.1420 is amended by east and south of but not including the adding the following item to Table I-A 2. Section 1315.1401 is amended to counties of Matagorda, Wharton, Austin, under the heading “Men’s half heels (all read as follows: Waller, Grimes, Walker, Trinity, Angelina, sizes).” San Augustine and Sabine, and the portion § 1315.1401 Prohibition against deal­ of Louisiana south and west of but not in­ ing in rubber heels, rubber heels attached cluding the counties of Sabine, Natchitoches, and attaching rubber heels at prices in Rapides, Allen, Jefferson Davis and Ver­ excess of the maximum. On and after milion. (3) Apple cider, including apple juice and September 1,1942, regardless of any con­ tract or other obligation: vinegar stock. All deliveries originating on (a) No person shall sell or deliver rub­ or after September 1, 1943! | ber heels or attached rubber heels in the List 2 shoe repair trade at prices in excess of REPORTED DELIVERIES OF MATERIALS IN BULK the maximum fixed by this regulation; (NOT IN CONTAINERS) , LOADED OR UNLOADED IN (b) No person shall attach rubber LIQUID FORM # heels at prices in excess of the maximum Deliveries of any of the following materials fixed by this regulation; to any point 200 miles or more distant from 2. Section 1315.1420 (h) is amended (c) No person shall buy or receive the point of origin, originating on or after to read as foUows: rubber heels or attached rubber heels July 1, 1943: in the shoe repair trade, in the course (h) The maximum price, for sales by 1. Acetone. > of trade or business at prices in excess 2. Corn syrup (glucose). wholesalers to that class of wholesaler of the maximum fixed by this regulation; 3. Ethyl alcohol (including denatured ethyl who during March, 1942, purchased rub­ and alcohol) (except deliveries to or by Defense ber heels from wholesalers - at prices Supplies Corporation, or of specially dena­ higher than those set forth in Table I-A (d) No person shall agree, offer, solicit tured ATU Formula No. 18). for sales to wholesalers is the price set or attempt to do any of the foregoing. [F. R. Doc. 43-12784; Filed, August 6, 1943; forth in Table I—A for sales of the rub­ 3. Sections,1315.1402 to 1315.1420 in­ 11:20 a. m.j ber heels in question to shoe repairmen, clusive, are redesignated §§1315.1406 to less 20 percent. The seller may add to 1315.4424, respectively. the maximum price calculated in ac­ 4. Section 1315.1402 is added to read as follows: Chapter XI—Office of - Price cordance with this paragraph the same proportion of transportation costs in­ Administration curred in the delivery of rubber heels § 1315.1402 Maximum manufacturers’ prices for rubber heels sold in the shoe P art 1305—A dministration that the seller required purchasers of the same class to pay during March, repair trade. - The maximum manufac­ [Supp. Order 45,1 Arndt. 2] 1942, on deliveries of rubber heels. The turers’ prices for sales of rubber heels in EXEMPTION OF BEVERAGE COASTERS AND SEA maximum price determined in accord­ the shoe repair trade are set forth in SHELLS IN HAW An ance with the provisions of this para­ Appendix A. Those prices vary depend­ graph shall be decreased by 5 percent if ing upon whether the heel in question is A statement to accompany this classed as a “corded”, “super”,-“ stand­ amendment to Supplementary Order No. ♦Copies may be obtained from the Office of ard”, “competitive”, or “special competi- Price Administration. 18 F.R. 5529, 6672. 18 F.R. 490, 1461, 4917, 6842, 8843, 9135. *8 F.R. 1461, 4917, 6842, 8843, 9135. FEDERAL REGISTER, Saturday, August 7, 194B 10981

Super—Continued vary depending upon whether the heel tive” heel. The classification of a heel Brand Manufacturer for pricing purposes is dependent upon in question is classed as a “ corded,” "super,” “ standard,” “ competitive ” or Biltrite______- ____Panther Panco Rub­ the brand name on the heel and the “ special competitive” heel. If the heel is ber Company physical tests the heel can meet. Ac­ not marked with a V -l, V-2, V-3 or V-4, Borman Pneumatic— Borman Pneumatic cordingly, in order to be sold at the max­ * Heel Company imum price for any of the particular the maximum price for selling or attach­ Cat’s Paw______Holtite Manufactur­ grades in Appendix A, the heel must ing the heel or selling it attached de­ ing Coinpany meet both the physical tests set forth in pends on the brand name of the heel. Custom-50— - ______Goodyear Tire & Rub­ paragraph (c) of § 1315.1405 for that The classification of heels by brand ber Company is set forth in paragraph (a) of Delux Suprex______B. P. Goodrich Co.— grade of heel and must be of a brand Hood Rubber Co. which is listed in paragraph (a) of § 1315.1405. Thus, for example, if a cer­ tain brand of heel is listed in that para­ Goodrich “D ” Ply­ § 1315.1405 as belonging to that grade wood-Core______B. F. Goodrich Co. of heel. If the brand name of the graph as being a Competitive grade heel Hood Rubber Co. heel places it in a higher priced cate­ and if that heel is not marked with a Goodrich Lifelong------B. F. Goodrich Co.— gory than the physical tests, the physi­ V -l, V-2, V-3 or V-4, the heel may not Hood Rubber Co. Q _50______Goodyear Tire & Rub­ cal tests shall control. If the physical be sold, attached or sold attached at a price in excess of that stated in Appendix ber Company tests place the heel in a higher priced Monarch Certified____ Monarch Rubber category than the brand name, the A for a “competitive grade” heel. If a heel is marked with a V -l, V-2, V-3 or Company brand name shall control. However, Nojar— ______Cupples Company in such case, the manufacturer may ap­ V-4, the maximum price for selling or No Jar Super 50______Cupples Company ply for reclassification of the brand name attaching the heel or selling the heel Seiberling Bonded_____Seiberling Rubber in accordance with § 1315.1403. If the attached shall depend on the V-marking Company manufacture: marks the heel with a V- on the heeL For example, if a heel is Tuffies______The I. T. S. Company Tufford______The I. T. S. Company marking in accordance with paragraph marked with a “V—2” it may not be sold, attached or sold attached at a price in IT. S. Super Royal______U. S. Rubber Com­ (a) of § 1315.1410 to indicate the physi­ pany cal tests that the heel can equal or ex­ excess of the maximum price listed in ceed, the V-marking shall control. Appendix A for a V-2 heel. (iii) standard grade. “St a n d a r d grade” means rubber heels bearing the 5. Section 1315.1403 is added to read 7. Section 1315.1405 is added to read as follows: following brand names and made by the as follows: following manufacturers: § 1315.1405 Price categories for heels. § 1315.1403 Classification and reclas­ Standard sification of brands, (a) A manufac­ In §§ 1315.1402 and 1315.1404 it is stated turer who introduces a new brand name that the maximum price of a heel de­ Brand Manufacturer for a heel or who wishes to have a certain pends upon whether it is classed as a Commander__— ____ Holtite Manufactur­ brand name reclassified shall file a re­ “ corded” , “super”, “standard*, “ competi­ ing Company port and six pairs of the heel with the tive” or “ special competitive” heel. This Fleetfoot «0______- New Jersey Rubber section is for the purpose of classifying Company Office of Price Administration, Washing­ Hyflex______Essex Rubber Com­ ton, D. C. This report shall include the heels into the various price categories pany following: . set forth in Appendix A. l T g______The I. T. S. Company (1) The abrasion index and tensile Ca) Classification of heels, not marked Im p e ria l-— ______U. S. Rubber Com­ strength of the heel. with V -l, V-2, V-2 or V-4, by brand pany (2) The classification in which he names— (11 Sales by persons, other than O’Sullivan Service™— O’Sullivan Rubber wishes the brand name to be placed. manufacturers. The classifications of Company O’Sullivan Stylist_____O’Sullivan Rubber (3) A statement indicating that all heels not marked with a V-symbol for Company hee’s produced by him that bear that sales by persons other than manufac­ Panco Triple Wear____Panther Panco Rub­ brand name will equal or exceed the turers follows: ber Company quality of the sample heels submitted. (i> Corded. “ Carded” means rubber Presto grip______Cupples Company After receipt of the report and sam­ Seiberling------SeiberlingRubber heels bearing the f oEowing brand names Company ples, the Office of Price Administration and made by the following manufac­ will either amend the regulation to clas­ Suprex ______B. F. Goodrich Go.— turers: * Hood Rubber Co. sify or reclassify the heel or will deny the Cobbed U. S. Royal______V. S. Rubber Com­ request for reclassification. Brand Manufacturer pany (b) Every manufacturer who after U. S. Royal Nukup___ U. S. Rubber Com­ Aristocrat Cord Grip— O’Sullivan Rubber pany August 4, 1943, sells a rubber heel, the Company Uskide______V. S. Rubber Com­ brand name of which places it in a Cat’s Paw Super Cord- Holtite Manufactur­ higher price category than the physical pany ing Company Wingfoot— ______Goodyear Tire & Rub­ tests it can meet (as set forth in para­ Corded Service______O’Sullivan Rubber ber Company graph (c) of § 1315.1405> shall file a re­ Company port and six pairs of the heel with the Biltrite Cord-on-end— Panther Panco Rub­ (iv ) Competitive grade. “Competitive Office of Price Administration, Washing­ ber Company grade” means rubber heels bearing the Goodyear Corded—— Goodyear Tire & Rub­ ton, D. C., within five days after he first following brand names and made by the sells any such heel. The report shall in­ ber Company Gro-Cord — —»— Lima Cord Sole & following manufacturers: clude the abrasion index and the tensile Heel Company Competitive strength of the heel. After receipt of the Pancord Tuflgrip Hy- Panther Panco Rub- Brand Manufacturer report and samples, the Office of Price Bloc Cord-on-end. ber Company Administration will determine whether U S. Royal Cord____ - V. S. Rubber Com­ Adlife — ______Hagerstown Rubber the brand name shall be reclassified. pany Company Verticord______O'Sullivan Rubber Ambassador— — ------Monarch Rubber 6. Section 1315.1404 is added to read as Company Company follows: A rro w ______— B. F. Goodrich Co.- (ii) Super grade. “Super grade” Hood Rubber Co. § 1315.1404 Maximum wholesalers’ m Po.nfl rubber heels bearing the follow­ Cupples Delux______— Cupples Company prices for rubber heels sold in the shoe ing brand names and made by the fol­ Cupples Ribbed------Cupples Company repair trade and maximum shoe repair­ lowing manufacturers: Fleetfoot______— New Jersey Rubber men’s prices for rubber heels, attached Company Super PogteP ______Holtite Manufactur­ rubber heels and attaching rubber heels. Brand Manufacturer ing Company Maximum wholesalers’ prices for rubber Gold Crown______Holtite Manufactur­ heels and maximum shoe repairmen’s Adtusto-Wear------— Seiberling Rubber ing Company Company prices for rubber heels, rubber heels at­ Gritmo Holtite Manufactur- Aristocrat-______- O’Sullivan Rubber * ing Company tached and attaching rubber heels are Company set forth in Appendix A. Those prices 10982 FEDERAL REGISTER, Saturday, August 7, 1943

Competitive— Continued Special Competitive— Continued Brand Manufacturer (i) Segment fiber heels. “Segment Brand Manufacturer Greyhound------b . F. Goodrich Co.- fiber heels” are heels which have a non­ Royal Balloon------P & B Rubber Oom- Hood Rubber Co. fiber base stock and a segment contain­ pany Holtite—------— Holtite Manufactur­ ing fibers placed at the back of the heel Kunner------Goodyear Tire & Rub- ing Company * in the area of greatest wear. If such Jax------Holtite Manufactur­ , . ber Company Skylark------Essex Rubber Com­ heels are produced before June 20, 1943 ing Company pany the physical tests set forth in subpara­ L and R ------The I. T. S. Company Slipknot..------Plymouth Rubber graph (1) are applicable. However, Mercury------Goodyear Tire & Rub­ Company those tests shall be applied only to the ber Company Slipknot Double Duty.. Plyjnouth Rubber Monarch------Monarch Rubber non-fiber portion of the heel. If such Company * Company heels are produced on or after June 20 Spartan------New Jersey Rubber Monogram...... Panther Panco Rub­ 1943, the physical tests applicable shali Company ber Company be those set forth in the next subdivi­ Pancrom Diamond Surestep------Panther Panco Rub- sion. Grip------Panther Panco Rub­ ' her Company Tauko------New Jersey Rubber (ii) Fiber heels. A “fiber heel” is any ber Company Portage------Seiberling Rubber Company heel containing fiber in any portion of Weartex------Monarch Rubber Company the heel. However, for the purposes of Resolute.------Goodyear Tire & Rub- , Company this regulation the term “fiber heel” does Windsor------... Hagerstown Rubber ber Company not include corded heels, segment fiber Rite Pro------Bradstone Rubber Company heels produced before June 20, 1943, or Company (2) Sales by manufacturers. The clas­ heels which only contain fiber in one or Ritz------The I. T. S. Company sifications of heels not marked with a more plugs placed in the area of greatest Springstep..------u. S. Rubber Com­ pany V-symbol for sales by manufacturers are wear. If the manufacturer wishes, he Tredwell------O’Sullivan Rubber the same as those set forth in the pre­ may apply the physical tests set forth Company ceding subparagraph ( 1). However the in subparagraph (1) to fiber heels. If Tite-Edge------Essex Rubber Com­ restrictions as to the physical tests the those physical tests are used, each com­ pany heel can meet which are set forth in pound used in the manufacture of the Velveton------Velveton Rubber Heel paragraph (c) of this section are appli- heels must meet those requirements. If Corporation cable to sales by manufacturers. the tests just set forth are not applied (v) Special competitive grade. “Spe­ (b) Classifications of heels marked the physical tests for fiber heels shall be cial competitive grade” means rubber with V -l, V-2. V-3 or V-4. The follow­ their wearing qualitity as compared with heels bearing the following brand names ing are the classifications for heels non-fiber heels. In such cases, fiber and made by the following manufac­ marked with a V-symbol: heels shall be deemed to have wearing turers, or heels bearing no brand name or Heels marked with— Grade qualities which are equal to those of a special competitive heel, until tests are a brand name not listed in this subpara­ V - l ------— ------Super graph (1). V-2 ------— Standard made which prove a better wearing qual­ V-3------Competitive ity. If a manufacturer believes that a Special Competitive V-4 ------— ------— Special Competitive fiber heel sold by him has wearing quali­ ties that are equal to a higher grade of Brand Manufacturer Sellers, other than manufacturers, may Ace------Plymouth Rubber reiy on the V-symbol that appears on non-fiber heel than “special competi­ Company tive”, he shall submit eight pairs of the the heel. No manufacturer may mark a Ace Double Duty------Plymouth Rubber fiber heel and evidence that the fiber Company heel with a particular V-symbol unless heel wears as well as non-fiber heels- in Airway------Donovan Rubber the heel equals or exceeds the physical the price category in which the manu­ Company tests for that V-symbol set forth in para­ Armortred— ------Quabaug Rubber graph (c). facturer wishes to place the fiber heel. Company After receipt of this report, the Office of (c) Physical tests for heels sold by Price Administration will determine Athletic------Queens Rubber Heel manufacturers— ( 1) Non-fiber heels. Company whether the fiber heel wears as well as Camel. ------:------Victor Products Com- The following are the physical tests that non-fiber heels in the price category in pany non-fiber” heels sold by manufacturers - must meet: which the manufacturer wishes to place Columbia------New Jersey Rubber the fiber heel. Until the Office of Price Company Coronet------;— __— _ Holtite Manufactur­ Administration notifies the manufac­ ing Company Minimum abra­ turer that the fiber heel has such wear­ sive index1 Daisy— ------Schacht Rubber Man­ ing qualities, the heel may not be sold ufacturing Co. at a price in excess of that established Dictator------Holtite Manufactur- Grade All Tensile for special competitive heels. types strength - ing Company except Whole 8. Section 1315.1410 Duwear------Cupples Company whole - heels is amended to E. Z------Hagerstown Rubber heels read as follows: Company § 1315.1410 Marking and posting— (a) Eagle------Queens Rubber Heel Super (V-l) 23 Standard (V- 2) 1,000 Marking. No person may mark any rub­ Company 18 800 Elmor------Queens Rubber Heel Competitive (V-3) 13 12 500 ber heels produced after August 4, 1943, Company Special Competitive (V-4j_,_ 8 8 400 for sale in the shoe repair trade with the Gueting------Gueting Rubber symbol “V -l,” “V-2,” “V-3” or “V-4” un­ Company • No minus tolerance is permitted, The methods of less the heel in question can equal or Gueting Service------Gueting Rubber federal specifications EA-ZZ-H-141 and ZZ-R-601a exceed the physical tests for the partic­ Company shall be applicable to the specifications. Hy Way. 5------Holtite Manufactur- ular symbol set forth in paragraph (c) _ ing Company “Non-fiber heels” are either heels of § 1315.1405. If a manufacturer uses Hi Test------Holtite Manufactur­ which do not contain any fiber or heels such a “V” symbol on rubber heels it ing Company which contain fiber only in one or more shall be marked as follows: All rubber heels, except sport heels and women’s Leviathan------.------Victor Products Com­ plugs, which are placed in the area of greatest wear. scoop lifts, toplifts, toplift strips and pany toplift blocks, shall have the symbol im­ New Yorker------Velveton Rubber Heel (2) Corded heels. A “corded” heel printed prominently on the face of every Corporation sold by a manufacturer must have a Regent------U. S. Rubber Com­ such heel in the place receiving the least pany minimum abrasion of 28. If produced wear. If sport heels and women’s scoop Reliance...... - ...... U. S. Rubber Com- after June 19, 1943, it must contain lifts, toplifts, toplift strips and toplift r> ~ Pany clearly discernible whole cords which at Roamer— ------Monarch blocks are marked with a “V ” symbol, Rubber any given level lie generally parallel to they shall be marked in a manner which Company each other. is approved in writing by the Office of 10983 FEDERAL REGISTER, Saturday, August 7, 1943

ber or balata contained in the commod­ P art 1347— P aper, P aper P roducts, R a w Price Administration. The marking of M aterials for P aper a n d P aper P rod­ the unit of sale container (in the case ity, he shall first determine the amount of each type of synthetic or substitute u c t s , P r in t in g a n d P u b l is h in g of sport heels, a container for 12 or less rubber or balata required to produce the [MPR 225,1 Arndt. 6] pairs of heels) is an approved method of commodity. The manufacturer will then marking sport heels and women's scoop PRINTING AND PRINTED PAPER COMMODITIES multiply this amount by the difference lifts (1 and 3 nail hole) and died out between the price of the synthetic or A statement of considerations involved toplifts. A paper sticker on each top- substitute rubber or balata in effect to in, the issuance of this amendment has lift strip or block is also an approved him on March 31,1942, and the price for been issued simultaneously herewith and method of marking toplift strips and that material in effect to him on August has been filed with the Division of the toplift blocks. 1, 1943. The resulting figure is the dif­ Federal Register.* (b) Posting. On and after October 5, ferential. If the manufacturer custom­ Maximum Price Regulation 225 is 1943 every shoe repairman engaged in arily sold several sizes, styles or com­ amended in the following respects: the business of selling rubber heels or pounds of the commodity at the same 1. Section 1347.472 (a) (6) (iv) is attached rubber heels or of attaching price to the same class of purchasers, he hereby revoked. rubber heels shall keep posted in a con­ shall use the same differential for all 2, Section 1347.477 (b) is added to read spicuous place in each establishment at sizes, styles or compounds of the com­ as follows: which rubber heels are offered for sale, modity that he sold at the same price to or at which the attaching of rubber heels (b ) Equalization of maximum prices, the same class of purchasers. This dif­ established under certain long term con­ is contracted for, a poster, provided by ferential shall be calculated in the man­ the Office of Price Administration, set­ tracts, to sellers’ general levels of prices ner just set forth except that in apply­ as of March 1942. This paragraph (b) ting forth the maximum prices which he ing that method the manufacturer shall is permitted to charge under this regu­ provides a method by which a seller can, use the method he customarily used in in re-negotiating certain long term con­ lation. March, 1942, to arrive at a uniform price. tracts, restore normal pricing differen­ 9. Section 1315.1424 is amended by re­ I f the manufacturer had no such cus­ tials between his various classes of pur- voking footnotes 5 and 6 to Table I-A. tomary method, he shall use as a basis chasers 10. Section 1315.1424 (g) is revoked. for calculating the differential that size, (1) To establish a maximum price style or compound of the commodity of This amendment shall become effec­ under this paragraph (b ), a seller must which he sold the largest quantity dur­ prove to the Office of Price Administra­ tive August 5, 1943. ing the period January 1, 1943, to July 1, tion that prior to April 1942, he had put Note: AH reporting and record-keeping 1943. . into effect a price increase and made de­ requirements of this amendment have been (2) Where the manufacturer did not livery or supply pursuant thereto of: approved by the Bureau of the Budget in compound the synthetic or substitute (1) The same or a similar commodity accordance with the provisions of the Fed­ rubber or balata contained in the com­ eral Reports Act of 1942. or service, or modity he shall first determine the price (ii) Most commodities or services pro­ (Pub. Laws 421 and 729, 77th Cong., for the material or part purchased by duced or supplied by him which are com­ Pub Law 151, 78th Cong.; E.O. 9250, him which contains synthetic or sub­ parable to the commodity or service be­ 7 P R. 7871; E.O. 9328, 8 FJL 4681) stitute rubber or balata in accordance ing repriced. with paragraph (a) (1) (ii) (August 1, 1943, not to exceed the appli­ before his general price increase and cable maximum price. The resulting „ before January 1, 1942. figure is the differential. (2) If the seller meets the require­ P art 1315—R ubber an® P roducts and 2. Section 1315.1557 (a) (1) (ii) (&> is ments of subparagraph (1) above, his M aterials o f W h ic h R u bber Is a Com­ amended to read as follows r maximum price shall be: (D The highest price which he charged p o n e n t (b) The price of any synthetic or sub­ on deliveries or supplies during March [MPR 220,1 Arndt. 12 J stitute rubber or balata used in the cal­ 1942, of the same or a similar commod­ culation of materials costs shall be deter­ CERTAIN RUBBER COMMODITIES ity or service to a purchaser of a differ­ mined in accordance with the provisions ent class, adjusted to reflect his custom­ A statement of the considerations in­ of inferior subdivision (a ) above except ary differential in price between the volved in the issuance of this amend­ that the date, August 1, 1943, shall be two classes of purchasers or, if he had ment, issued simultaneously herewith, substituted for the dates March, 1942, no customary differential, the actual has been filed with the Division of the and March 31, 1942. percentage differential existing at the Federal Register.* 3. Section 1315.1557a is added to read date of the contract; or Maximum Price Regulation 220 is as follows r (ii) If he made no delivery or supply amended in the following respects. of the same or a similar commodity or 1. Section 1315.1553 (c) is amended to § 1315.1557a Fractions of a cent. service to any other class of purchasers Notwithstanding any other provisions of during March 1942, then his maximum read as follows: this regulation, maximum prices deter­ price shall be computed according to (c) If a commodity priced under this mined under this regulation shall be section contains synthetic or substitute the pricing formula in §§ 1347.453 or adjusted to the nearest fraction of a 1347.454 (b), whichever shall be appli- rubber or balata the price of which in cent that the seller customarily used effect on August 1, 1943, was lower than during March, 1942, in pricing commodi­ (3) Every seller determining a maxi­ the price in effect on March 31,1942, the ties in the same line. manufacturer shall deduct from the mum price under the provisions of this price determinèd in accordance with the This amendment shall become effec­ paragraph (b), shall, before making a provisions of paragraph (a) of this sec­ tive August 12, 1943. sale at such a price, file a report with the Office of Price Administration, tion a differential to be calculated as (Pub Laws 421 and 729,77th Cong.; E.O, Printing and Publishing Unit, Reference follows: 9250, 7 P.R. 7871; E.O. 9328, 8 F.R. 4681) (1) Where the manufacturer com­ 695, Washington, D. C., specifying in pounds the synthetic or substitute rub­ Issued this 5th day of August 1943. full detail all of the data necessary to P r e n t iss M . B r o w n , prove the requirements of this section. * Copies may be obtained from the Office of Administrator. If the new maximum price has been Price Administration. IF. R. DOC. 43-12750; Filed, August 8, 1943; 1 7 F.R. 7282, 8936, 8948, 11111; 8 P B . 1584, i 8 F.R. 4181, 7382. 2667, 4130, 3942, 5909, 6043, 7497. 9:29 a. m.] No. 156— 8 10984 FEDERAL REGISTER, Saturday, August 7, 1943 calculated under subparagraph (2) (1) P art 1418— T erritories an d P ossessio ns OPA Form No. 695-406 shall be used; if ment, issued simultaneously herewith, under paragraph (2) (ii), OPA Form No. [MPR 373,1 Amdt. 9] has been filed with the Division of the' Federal Register.* 695-407. These forms may be obtained MAXIMUM PRICES IN THE TERRITORY OP from any regional or district office of HAWAII; FISH AND SEAFOOD, ETC. Revised Supplementary Regulation the Office of Price Administration or its No. 14 is amended by adding section 2.18 national office in Washington, D. C. Un­ A statement of the considerations in­ to Article I I thereof to read as follows: volved in the issuance of this amend­ less the Office of Price Administration Sec. 2.18 Domestic wines: Records shall, by letter mailed to the applicant ment, issued simultaneously herewith, has been filed with the Division of the and reports required from brand within 21 days from the date of the filing owners— (a) Brand names in use during- of this report, disapprove the maximum Federal Register.* Maximum Price Regulation 373 is March 1942— (1) Report of brand de­ price as reported, this price shall be scription. On or before September 10, deemed to have been approved, subject amended in the following respects: 1. Section 20, Table V II is amended by 1943, every owner of a brand name used to nonretroactive written disapproval or during March 1942 for sales of domestic adjustment at any later time by the adding the words “per pound” in the title after the word “Maximum prices”. wines shall report the brand descrip­ Office of Price Administration. tion of the domestic wines sold there­ (4) Any seller whose maximum price 2. Section 32, Table X IX is amended by adding the item “ 12 ounce bottles, 24 under and his maximum prices there­ for the sale of a commodity or service for to the Office of Price Administration is established and approved under this to a case” after the item “ liy 2 ounce bottles, 24 to a case”, to read as follows: Washington, D. C. If the brand name § 1347.477, paragraph (b ), shall promptly was used during March 1942 for sales send written notice thereof to every pur­ Maximum Maximum of more than one type of domestic chaser of the class for which a maximum price at price at wines, the brand owner shall make a price has thus been established. wholesale ■ retail separate report for each such type. (per case) (each) This amendment shall become effec­ 12 ounce bottles, 24 to a (2) Forms for brand names in use tive August 11, 1943. case------$4.90 $0.25 during March 1942— (i) Where brand description has not been changed. If (Pub. Laws 421 and 729, 77th Cong.; E.O. This amendment shall become effec­ the brand name is one which the owner 9250, 7 F.R. 7871 and E.O. 9328, 8 F R tive August 11, 1943. used during March 1942 and the type 4681) (Pub. Laws 421 and 729, 77th Cong.; E.O of domestic wines is the same type sold Issued this 5th day of August 1943. 9250, 7 F.R. 7871) thereunder during March 1942, the re­ port shall be on Form 635-369a as set P r entiss M . B r o w n , Issued this 5th day of August 1943. forth at paragraph (e) of this section. Administrator. P rentiss M . B r o w n , (ii) Where brand description has been fF. R. Doc. 43-12752; Filed, August 0, 1943; Administrator. changed. If the brand name is one 9:28 a. m.J IF. R. Doc. 43-12762; Filed, August 6, 1948; which the owner used during March 9:31 a. m.] 1942 but the brand description differs in any respect from the brand descrip­ P art 1418— T erritories and P ossessions tion covering the domestic wines sold thereunder during March 1942, the re­ [MPR 201,1 Amdt. 6] P art 1418— T erritories and P ossessions port shall be on Form 635-369b as set VIRGIN ISLANDS [MPR 374,2 Amdt. 2] forth at paragraph (e) of this section. .(b) Brand names in use on August 5, A statement of the considerations in­ 1943 but not in use during March 1942— volved in the issuance of this amend­ JEWELRY AND CERTAIN OTHER ARTICLES IN (1) Report of brand description. On or ment, issued simultaneously herewith, THE TERRITORY OF HAWAII before September 10, 1943, every owner has been filed with the Division of the A statement of the considerations in­ Federal Register.* of a brand name not used during March volved in the issuance of this amend­ 1942 for sales of domestic wines, but Section 1418.113 (a) (4) is amended ment, issued simultaneously herewith, being used for that purpose on August to read as follows: has been filed with the Divition of the' Federal Register.* 5, 1943, shall report the brand descrip­ (4) “The direct cost to the seller” tion of the domestic wines being sold means the price which the seller paid Section 1 is amended by deleting the thereunder and his maximum prices for the commodity, which in no event last sentence, which starts “In no catee” therefor to the Office of Price Adminis­ and ends “General Maximum Price Reg­ may exceed the maximum price estab­ ulation for Hawaii”. tration, Washington, D. C. I f such lished by any applicable price regula­ brand name is being used for more than This amendment shall become effec­ tion or order, less discounts allowed to tive August 11, 1943. one type of domestic wines, the brand the seller plus all costs of shipment owner shall make a separate report for actually incurred by th e seller: Pro­ (Pub. Laws 421 and 729, 77th Cong.- E.O each brand description. vided, That in computing the costs of 9250, 7 F.R. 7871) (2) Form for brand name not in use during March 1942. I f the brand name shipment incurred by the seller, war risk Issued this 5th day of August 1943. insurance costs shall not exceed the is one which the owner did not use dur­ amount represented by the charge for P r entiss M . B r o w n , ing March 1942 the.report shall be on war risk insurance by the War Shipping Administrator. Form 635-369c as set forth at paragraph Administration on an identical ship­ [F. R. Doc. 43-12763; Filed, August 0, 1943; (e) of this section. ment. 9:30 a. m.] (c) Brands introduced after August 4, 1943; and changes in brand descrip­ This amendment shall become effec­ tive August 11, 1943. tion after August 4, 1943 of brands sold during March 1942. (1) Brand intro­ (Pub. Laws 421 and 729, 77th Cong.; E O P art 1499—C o m m o d ities and S ervices duced after August 4, 1943. An owner 9250, 7 F.R. 7871) [Rev. SR 14 s to GMPR,« Amdt. 12] of a brand who after August 4, 1943 desires: Issued this 5th day of August 1943. DOMESTIC WINES (i) To sell any domestic wines of any P r en tiss M . B r o w n , brand description under a brand name Administrator. A statement of the- considerations in­ volved in the issuance of this amend- not used for that purpose since March [F. R. Doc. 43—12761; Filed, August 0, 1943; 1, 1942; or 9:31 a. m.] ' 18 Fit. 5388, 6359, 6849, 7200, 7457, 8064 (ii) To sell domestic wines of any 8550, 10270. ' brand description not in use either dur­ * Copies may be obtained from the Office *8 F.R, 5313, 10269. of Price Administration. ing March 1942 or on August 5, 1943 *8 FJS. 9787, 9880. 17 F.R. 6269, 6744, 8947, 10231, 10790; 8 shall file a report with the Office of FJt. I860. ¥ *8 F.R. 8090, 8849, 4347, 4486, 4724, 4978, Price Administration, Washington, D. C. 4848, 6047, 0902, 8511, 9025. Such report shall be on Form 635- 10985 FEDERAL REGISTER, Saturday, August 7, 1943

products the name of the commodity (e) Sample forms. 369c as set forth at paragraph (e) of from which made, such as Form Approved this section. . ..' Budget Bureau No. 08-R527 Apple Gooseberry (2) Changes in brand description OPA Form 635-369a alter August 4, 1943 of brand name sotd Blackberry Loganberry during March 1942. An owner of a Currant Cherry Office of Price Administration # brand name used during March 1942 id ) Sub-type designation, such as WASHINGTON, D. C. who after August 4, 1943 desires to sell Natural ~ Old fashioned Report for Brand of Domestic Wines domestic wines of a changed brand de- Dry Pink • scriPtion under such brand name shall [Filed Pursuant to Section 2.18 of Revised Pale dry Wild Supplementary Regulation No. 14] file a report with the Office of Price Ad­ White Seeco-pio ministration, Washington, D. C. Such Red wild mountain [Use This Form Only for Brand Names Sold report shall be on Form 635-369b as set Sweet Light During March 1942, Where No Brand De­ scription Change Has Been Made] forth at paragraph (e) of this section. N o t e : If a vintage designation is used in (3) Time within which reports must the brand description it shall be included as Brand Name------be filed. The reports required to be filed part of the type and sub-type description. Name of brand owner filing report------Name of person filing this report— ------under paragraph (c) shall be filed at (e) Appellation of origin, such as Address------least 20 days before the brand owner State offers for sale, sells or delivers the com­ California Lake Erie Islands Street City New York State Livermore Valley Maximum price per case brand owner modity for which the report is required. American Cucamonga Valley (d) Explanations and definitions— Cl) charged during March 1942. Prices should Napa Valley Georgia Explanations, (i) Each report required include Federal taxes in effect March 31, 1942 but should not include State or local by this section shall contain the infor­ (/) Alcoholic content must be stated in the case of wines containing 14 per­ taxes or the Federal tax increase effective mation and be on the form required November 1, 1942. under the applicable paragraph thereof. cent or more of alcohol by volume. In Forms for reports are available at re­ the case of wines containing less than Maximum price per case F. o.b. gional and district offices of the Office of 14 percent alcohol by volume the alco­ following Price Administration, or at its principal Class of purchaser shipping holic content may, but need not, be Other size office in Washington, D. C. Duplicate Quarts Fifths point st sited, (specify) copies of reports are not required and (g) where the label or labels used by a report once properly made need not be a brand owner for any particular brand repeated. , ,. description contain all the information Open State Whole- (ii) The brand description required by this section for domestic wines shall be required under this subdivision (ii) the label or labels may be submitted in lieu as follows: of a written brand description. (a) Class of wine, such as (iii) Neither acceptance by the Office March 1942 brand description ( See section Grape wine of Price Administration of any report 2.18 (d). Copy all data on March 1942 labels, or paste actual labels hereon. Citrus wine filed under this section, nor its failure Fruit wine Remarks: Wine from other agricultural products to act thereon shall constitute approval CERTIFICATION of the maximum prices listed by brand Vermouth a I hereby certify and represent to the Office Imitation, concentrate or substandard wine owner in the report. of Price Administration, an agency of the (2) Definitions. For the purposes of United States, that I am the brand owner (Unless otherwise designated a brand this section: named above, or his agent duly authorized description using only the word “ wine’ (i) “Owner of a brand name or to make this certification in his behalf, that will be classed as “ grape wine” so the “brand owner” means the person such the statements and representations herein words “ grape wine” need not be included as a vintner, bottler, packer, wholesaler made are true. in the brand description if the word or retailer licensed to use or entitled to Notice: Section 35 (a) of the United States Criminal Code makes it a criminal offense, “wine” is used.) exclusive use of the brand name for sales (b) Kind of wine, such as punishable by a maximum ten years impris­ of domestic wines of a particular brand onment, $10,000 fine, or both to make a false Still wine description. statement or representation to any Depart­ Sparkling wine (ii) “Label” or “labels” means the label ment or Agency of the United States. Carbonated wine or labels affixed to the bottle or other unit (The brand description must indicate of sale of domestic wines in accordance Signature of Brand Owner— If a Corpora­ whether a wine is a “sparkling wine with Regulation No. 4 relating to the tion, this form should be signed by an au­ thorized officer of the Company or a “ carbonated wine ” and any wine Labeling and Advertising of Wine, As Amended, issued by the Federal Alcohol Title------not so designated will be considered as Date______— ■ a “still wine” so that the words “ still Administration. (iii) A brand name shall be deemed Form Approved wine” need not be included in the brand Budget Bureau No. 08-R528 description.) «used” during or at a particular time (e) Type of wine, such as if domestic wines were then being sold or OPA Form 635-369b Catawba offered for sale thereunder. OFFICE OF PRICE ADMINISTRATION Sherry (iv) “Domestic wines” means Califor­ Port Barbera Washington, D. C. Zinfandei nia Grape Wine as defined in section 2.11, Muscatel Report for Brand of Domestic Wines Claret Hock fruit wines, berry wines and grape wines Chablis Muscat (other than California grape wines) as Filed Pursuant to Section 2.18 Sauterne Champagne defined in section 2.15, also citrus wine of Revised Supplementary Regulation No. 14 Concord Burgundy as defined in Class 4, wine from other Chianti Use This Form Only If Brand Name Is Re­ Marsalos agricultural products as defined in Class tained and Brand Description Sold in Cabernet Madeira 6, vermouth as defined in Class 7, imita­ March 1942 Has Been Changed Scuppernong Riesling Angelica Moselle tion and sub-standard wine and con­ Brand Name— ------— ------—— Tokay Malaga centrates as defined in Class 8 of Reg­ Name of Brand Owner filing report------Rhine Haut Sauterne ulation So. 4 relating to Labeling and Name of person filing this report------Advertising of Wine, As Amended, issued Address------and in the case of all wines made from Street City State by the Federal Alcohol Administration. fruits, berries and other agricultural 10986 FEDERAL REGISTER, Saturday, August 7, 1943 Brand owners’ ceiling prices per case as of United States, that I am the brand owner March 1942. Prices should include Federal named above, or his agent duly authorized to This brand was considered similar because: taxes in effect March 31, 1942 but should not - » » w .uuvc, Ui His agent auiy authorized to (State reasons! make this certification in his behalf, that the ______include State or local taxes or the Federal tax statements and representations herein made increase effective November 1, 1942. are true. IV. We wish to submit the following "ad­ ditional information which we consider per­ N otice: Section 35 (a) of the United States tinent to establishment of our maximum Maximum price per case Criminal Code makes it a criminal offense, F. o. b. prices for the. new brand description. (Use Class of purchaser following punishable by a maximum of ten years’ im­ additional pages if necessary) ______.___ _ shipping prisonment, $10,000 fine, or both to make a Quarts Other size Fifths (specify) point false statement' or representation to any De­ partment or Agency of the United States. CERTIFICATION Monopoly States.. Signature of Brand Owner.— If a Corpora­ Open State Whole­ tion, thi^form should be signed by an au­ I hereby certify and represent' to the Office salers. . thorized officer of the Companv TT„...of Price ^ Administration, ■ — an - agency------j of the> .« T i t le ______United States, that I am the brand owner Others (Specify).. Date ______named above, or his agent duly authorized ------Form' Approved thia f rtm2atlon ln hls behalf, that Remarks : Budget Bureau No. 08-R 529 made are S u e «Presentations herein Brand Descriptions (See sections 2.18 (d) ) OPA Form 635-369c March 1942 Brand Description. N otice: Section 35 (a) of the United States Criminal Code makes it a criminal New Brand Description. Office of Price Administration Copy all data on March 1942 labels, or offense, punishable by a maximum of ten paste actual labels hereon: WASHINGTON, D. C. years’ imprisonment, $10,000 fine, or both to Brand Owner’s Present or Proposed Ceiling Report for Brand of Domestic Wines make a false statement or representation to any Department or Agency of the United Prices per case of the New Brand Descrip­ States. tion. [Filed Pursuant to Section 2.18 of Revised / Prices should include Federal taxes in ef­ Supplementary Regulation No. 14] Signature of Brand Owner.— If a Corpora­ fect March 31, 1942 but should not include [Use this form only for brand names not sold tion, this form should be signed by an au­ State or local taxes or the Federal tax in­ by Brand Owner during March 1942] crease effective November 1, 1942. thorized officer of the Companv Brand N a m e ____.______T i t le ______- Name of Brand Owner filing report'IIIIIIII” Date ------Maximum price per case Name of Person filing this report mv,- _ __ , , F. o. b. Address ______This amendment shall become effec Class of purchaser following Other size shipping (Street) (City) (Stated tÌVe AugUSt 11 ’ 1943' Quarts Fifths point (specify) Brand Description (See section 2.18 (d)). Note: All reporting requirements of this Copy all data on labels or paste actual labels amendment have been approved by the Bu­ Monopoly States hereon. reau of the Budget in accordance with the Open State Whole­ Brand Owner’s present or proposed ceiling Federal Reports Act of 1942. salers___ price per case of the new brand description. (Pub. Laws 421 and 729, 77th Cong Others (Specify)... Prices should include Federal taxes in effect E.O. 9250, 7 F.R. 7871; E.O. 9328 8 P R March 31, 1942 but should not include State 4681) ’ p or local taxes or the Federal tax increase METHOD USED TO DETERMINE MAXIMUM PRICES effective November 1, 1942. Issued this 5th day of August 1943. I. Our first sale of domestic wines of the new brand description to any class of pur­ P r entiss M . B r o w n , Maximum price per case chaser was made o n ______, F. o. b. Administrator. Class of purchaser following (Date) [F. R. Doc. 43-12764; Filed, August 6, 1943- Other size shipping II. Our new ceilings were determined in Quarts Fifths 9:29 a. m.] the following manner: (specify) point A. Under OPA Order N o . ______(if order has been issued) (If OPA order was issued, Monopoly States. Open State Whole­ P art 1341—C anned and P reserved F oods Parts III and IV below need not be answered). salers__ B. By reference to our ceiling prices for [MPR 306,1 AMDT. 13] sales of a similar b ra n d ______Others (Specify)__ . CERTAIN PACKED FOOD PRODUCTS: GRADE C. By reference to a competitor’s prices for sales of a brand: LABELING Having the same brand description method used to determine m axim um prices A statement of the considerations in­ I. Our first sale of domestic wines of the volved in the issuance of this amendment Having a similar brand description new brand description to any class of pur­ has been filed with the Division of the chaser was made on ______Federal Register.* III. To determine ceiling prices in the (Date) manner indicated above we used as: Sections 1341.565 (e) and (f) are re­ . ®ur new ceilings were determined in voked. I same |, J • the following manner: j similar}bran<* descrip - A. Under OPA Order No. __ (if order This amendment shall become effective tion has been issued) (If OPA order was issued August 5* 1943. Parts III and IV below need not be an­ (State brand name) swered) . (Pub. Laws 421 and 729, 77th Cong.; Pub. Ceiling price of this brand $ Law 151, 78th Cong.; E.O. 9250, 7 F.R. B. By reference to our ceiling prices for 7871) sales of a similar b ra n d ______From what source was this ceiling price C. By reference to a competitor’s prices for Issued this 5th day of August 1943. obtained ______sales of a brand: Having the P r entiss M . B r o w n , Sold by: . same brand description Administrator. (Name) Having a similar brand Address: _ description [F. R. Doc. 43-12751; Filed, August 6, 1943- 9:27 a. m.] . . (Street) (City) (State) III. To determine ceiling prices in the This brand was considered similar because- manner indicated above we used as: (State reasons)______A brand having the/ same l P art 1351 F ood and F ood P roducts I similar f brand de­ scnption ______* 1 [R ev. MPR 270,2 Arndt. 7] IV. We wish to submit the following addi­ tional information which we consider per­ DRY EDIBLE BEANS, SALES EXCEPT AT WHOLE­ ntate brand name) tinent to establishment of our maximum SALE AND RETAIL: GRADE LABELING prices for the new brand description. (Use Ceiling price of this brand $______per additional pages if necessary)______A statement of the considerations in- From what source was this ceiling price obtained______voived in the issuance of this amendment CERTIFICATION Hold by: ______♦Copies may be obtained from the Office I hereby certify and represent to the Office Address:______(Name) of^Price Administration of Price Administration, an agency of the (Street) (City) (State)" »8 F.R, Voei. 10987 FEDERAL REGISTER, Saturday, August 7, 1943

This amendment shall become effec­ P art 1351—F ood and F ood P roducts has been filed with the Division of the [MPR 422,1 Arndt. 2] Federal Register.* tive August 5,1943. 1. Section 1351.1205 is amended to read (Pub. Laws 421 and 729, 77th Cong., Pub. CEILING PRICES OF CERTAIN FOODS SOLD AT as follows: Law 151, 78th Cong.; E.O. 9250, 7 F.R. RETAIL IN GROUP 3 AND GROUP 4 STORES: MALTED MILK § 1351.1205 Statement of grades in 7871) certain cases, (a) Every country ship­ Issued this 5th day of August 1943. A statement of the considerations in­ volved in the issuance of this amend­ per making a sale of dry edible beans in P r e n t iss M. B r o w n , any quantity or container type or size Administrator. ment, issued simultaneously herewith, shall state on the invoice, or other docu­ has been filed with the Division of the ment of sale, and if he wishes, he may [P. R. Doc. 43-12756; FTled, August 6, 1943; Federal Register.* also state on the container or on a tag 9:26 a. m.] Maximum Price Regulation 423 is or label attached to the container, the amended in the following respects: “United States Grade” of the dry edible 1. In section 38 (a ), item (3) of Table beans being sold. If the state within A is amended to read as follows: P art 1351—F ood and F ood P roducts which the sale is made requires it, he may T able A —M ark-Ups Over “N et Cost” Allowed also state the appropriate “ state grade” . [MPR 421,1 Amdt. 2] to Group 3 and Group 4 Retailers for Dry Gro­ He shall employ no designation of grade ceries Covered by T his R egulation by Com­ CEILING PRICES OF CERTAIN FOODS SOLD AT modities other than “United States grade” or w h o l e s a l e : m alted m il k “state grade” , as defined in the next par­ Allowed mark-ups over agraph. . A statement of the considerations in­ net cost (b) When used in this paragraph volved in the issuance of this amend­ “United States grade” means the stand­ ment issued simultaneously herewith, Group 3. Re­ Group 4. Any ards and grades of dry edible beans set has been filed with the Division of the Food commodities tailer other retailer with forth in the “United States standards for Federal Register.* than inde­ annual vol­ TUTtvvirrmm price Regulation No. 421 is pendent, with ume of Beans” issued by the United States De­ annual vol­ $250,000 or partment of Agriculture. “State grade” amended in the following respects: ume under more $250,000 means standards and grades promul­ 1. In section 32 (a ), item (3) of Table gated by any State or agency thereof A is amended to read as follows: 3. Cocoa, chocolate, and under authority of an act of the State T able A - M ark-Up Figures T o Be Used by Whole­ Percent Percent cereal drink prepara- 21 legislature permitting the establishment salers in Figuring Ceiling Prices eor Items Cov­ 22 of such standards and grades. ered by T his Regulation by Commodities (c) Nothing in this regulation shall be 2. Section 38 (b) (3) is amended to Figures to he multiplied by net construed as permitting the shipment in cost read as follows: intrastate commerce of any grades of dry edible beans which are prohibited, by the (3) “Cocoa, chocolate, and cereal- Class 2 Class 3 Class 4 laws of any State, from being so shipped. - Class 1 drink preparations” includes, but is not Food commodities limited to, coffee substitutes or ex­ This amendment shall become effective Re­ Serv­ tenders, chicory, malted milk prepara­ August 5, 1943. tailer- Cash ice and Institu­ tions containing less than 35% malted owned and deliv­ tional cooper­ carry ery milk, chocolate syrup, chocolate bits, (Pub. Laws 421 and 729, 77th Cong. Pub. atives Law 151, 78th Cong.; E.O. 9250, 7 F.R. and cooking chocolate. Excluded are chocolate confections, bittersweet bars, 7871) • 3. Cocoa, chocolate, milk chocolate, powdered milks, malted Issued this 5th day of August 1943. and cereal drink preparations. 1.07 | 1.085 1.125 1.175 milk, and any preparation containing P r en tiss M. B r o w n , 35% or more malted milk. Administrator. 2. Section 32 (b) (3) is amended to 3. Section 38 (b) (5) is amended to [P. R. Doc. 43-12757; Piled, August 6, 1943; read as follows: read as follows: 9:25 a. m.] (3) “Cocoa, chocolate, and cereal-drink (5) “Cookies, crackers, toast, and preparations” includes, but is not limited crumbs” includes, but is not limited .to, to, coffee substitutes or extenders, chic­ biscuits, Christmas cookies, fig bars, gra­ P art 1351—F ood and F ood P roducts ory, malted milk preparations containing ham crackers, pretzels, rye crackers, [Rev. MPR 335,1 Amdt. 2] less than 35% malted milk, chocolate swieback, melba toast, bread crumbs, syrup, chocolate bits, and cooking choco­ cracker crumbs, cookies, matzo, matzo PEANUTS AND PEANUT BUTTERI GRADE late. Excluded are chocolate confec­ meal, and related matzo products. Ex­ LABELING tions, bittersweet bars, milk chocolate, cluded are bread, pies, cakes, doughnuts, A statement of the considerations in­ powdered milks, malted milk, and any coffee cakes, rolls, candies, and any bak- . volved in the issuance of this amendment preparation containing 35% or more ery products which you manufacture. has been filed with the Division of the malted milk. Also excluded are any items which are Federal Register.* 3. In section 32 (c) the following item bought by you in bulk and sold loose. Section 15 is amended to read as is added in alphabetical order to the list 4. In section 38 (b) (37) the follow­ follows: of commodities excluded: “Malted milk ing item is added in alphabetical order Sec. 15. Statement of grades in cer­ and any preparation containing 35% or to the list of commodities included un­ tain cases. Every sheller selling “extra more malted milk.” large” or “medium” grades of Virginia This amendment shall become effective der “Miscellaneous foods” : “Cookies, -type raw shelled peanuts shall state on August 5, 1943. crackers, toast, and crumbs bought by the invoice or other written evidence of (56 Stat. 23, 765; Pub. Law 151, 78th you in bulk and sold loose. 5. In Section 38 (c) the following item sale the kind of peanuts sold and their Cong.; JS.O. 9250, 7 F.R. 7871; E.O. 9328, United States grade, and he may include is added in alphabetical order to the list also the appropriate State grade or class, 8 F.R. 4681) of commodities excluded: “Malted milk if he wishes. He may also state this in­ Issued this 5th day of August 1943. and any preparation containing 35% or formation on the outside of the con­ P rentiss M. B r o w n , more malted milk.” tainer or on a tag or label attached to the Administrator. This amendment shall become effec­ container. [F R. Doc. 43-12753; Filed, August 6, 1943; tive August 5, 1943. 9:26 a. m.l ♦Copies may be obtained from the Office of * 8 F.R. 9395, 10569. Price Administration. * 8 F Ü . 9388, 10569. 18 F.R. 6834. 1098$I. FEDERAL REGISTER, Saturday, August 7, 1943

(56 Stat. 23, 765; Pub. Law 151, 78th to the list of commodities included under Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328 Chapter X VIII—Office of Economic 8 F.R. 4681) “Miscellaneous foods” ; “Cookies, crack­ ers, toast, and crumbs” bought by you in Stabilization Issued this 5th day of August 1943. bulk and sold loose. Snbchapter A—Office of the .Economic Stabilization Director P r entiss M . B r o w n , 5. In section 27 (c ), the following item Administrator. is added in alphabetical order to the [Regulation 1] list of commodities excluded: “Malted [F. R. Doc. 43-12754; Filed, August 6, 1943; milk and any preparation containing P art 4002— R e g u latio n s o n G rading and • 9:26 a. m.] 35% or more malted milk.” G rade L abelin g This amendment shall become effective August 5, 1943.* GRADING AND GRADE LABELING OF MEATS P art 1351—F ood and F ood P roducts Pursuant to the provisions of the Act (56 Stat. 23, 765; Pub. Law 151, 78th of October 2, 1942, entitled “An Act to [MPR 423,1 Arndt. 2] Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328 8 F.R. 4681) amend the Emergency Price Control Act CEILING PRICES OF CERTAIN FOODS SOLD AT of 1942, to aid in preventing inflation, RETAIL IN INDEPENDENT STORES DOING AN Issued this 5th day of August 1943. and for other purposes” (Public Law No.’ ANNUAL BUSINESS OF LESS THAN $250,000 P r e n tiss M . B r o w n , 729, 77th Congress, 2d Session), Execu­ (GROUP 1 AND GROUP 2 STORES) : MALTED Administrator. tive Order No. 9250, dated October 3, MILK 1942, and Executive Order No. 9328, dated IF. R. Doc. 43-12755; Filed, August 6, 1943- April 8, 1943, and in order to prevent A statement of the considerations in­ 9:26 a. m.] volved in the issuance of this amend­ the breakdown of existing price controls ment, issued simultaneously herewith, essential to stabilization of the cost of has been filed with the Division of the living and to aid in the effective prose­ cution of the war by preventing dislo­ Federal Register.* P art 1358—T obaccos cations in the distribution of meat and Maximum Price Regulation 423 is [MPR 283,1 Arndt. 4] amended in the following respects: meat products, the following regulation is hereby issued: 1. In section 27 (a ), item (3) of Table A BURLEY TOBACCO (1942 CROP) ; GRADE is amended to read as follows: LABELING Sec. 4002.1 Prohibition against dealing in or stor­ T able A—M ark-Ups Over “N et Cost” A llowed to A statement of the considerations in­ ing meat unless graded and grade Group l and Group 2 Retailers for Drt Grocer- volved in the issuance of this amend­ marked. ies Covered by T his R egulation by Commodities ment, issued simultaneously herewith, 4002.2 Duty to maintain and identify grades has been filed with the Division of the’ of beef and veal. Allowed mark-ups over Federal Register.* 4002.3 Duty to maintain and identify grades “ net cost” —Independent, retailers with annual vol­ Section 1358.161 (c) is revoked. of lamb and mutton. umes ‘ This amendment shall become effec 4002.4 Provisions applicable to sellers of Food commodities beef, veal, lamb or mutton at re­ tive August 5, 1943. tail. Group 1— Group 2— 4002.5 Enforcement. under $50,000 but (Pub. Laws 421 and 729, 77th Cong. less than Pub. Law 151, 78th Cong.; E.O. 9250 4002.6 Definitions. $50,000 4002.7 Effective date. $250,000 F.R. 7871; E.O. 9328, 8 F.R. 4681) Authority: §§4002.1 to 4002.7, inclusive 8. Cocoa, chocolate, and Ptrcenl Issued this 5th day of August 1943. issued under E.O. 9250, 7 F.R. 7871; E O 932s’ cereal drink prepara- 8 F.R. 4681. tions_____ 29 29 P r entiss M : B r o w n , Administrator. § 4002.1 Prohibition against dealing 2. Section 27 (b) (3) is amended to [F. R. Doc. 43-12758; Filed, August 6, 1943 m or storing meat unless graded and read as follows: 9:25 a. m.] grade marked. No person shall sell, offer to sell, ship, deliver, store or retain in (3) “Cocoa, chocolate, and cereal-drink his possession and no person in the preparations” includes, but is not limited course of trade or business shall buy or to, coffee substitutes or extenders, chic­ P art 1390— M a c h in e r y and T r ans­ receive any beef, veal, lamb or mutton ory, malted milk preparations containing po r tatio n E q u ip m e n t unless such beef, veal, lamb or mutton less than 35% malted milk, chocolate [MPR 136,2 as Amended, Arndt. 97] has been graded and grade marked in syrup, chocolate bits, and cooking choco­ the manner required by this regulation; late. Excluded are chocolate confec­ MACHINES AND PARTS AND MACHINERY and no person shall agree, offer, solicit tions, bittersweet bars, milk chocolate, SERVICES or attempt to do any of the foregoing. powdered milks, malted milk, and any A statement of the considerations in­ preparation containing 35% or more § 4002.2 Duty to maintain and iden­ malted milk. volved in the issuance of this amend­ tify grades of beef and veal. No person ment, issued simultaneously herewith, shall sell, offer to sell, ship, deliver or 3. Section 27 (b) (5) is amended to has been filed with the Division of the break, and no person in the course of read as follows: Federal Register.* trade or business shall buy or receive ’ The following item is added to any beef carcass or wholesale cut or veal (5) “Cookies, crackers, toast, and § 1390.33 (c) in alphabetical order: crumbs” includes, but is not limited to, carcass or wholesale cut unless each such biscuits, Christmas cookies, fig bars] Replacement units and assemblies for carcass and wholesale cut has been iden­ graham crackers, pretzels, rye crackers,’ mechanical refrigerators having a re­ tified by grade in accordance with the swieback, melba toast, bread crumbs frigerated volume of 16 cubic feet or less. provisions of this section. No custom cracker crumbs, cookies, matzo, matzo’ This amendment shall become effec­ slaughterer shall ship, deliver or break meal, and related matzo products. Ex­ tive August 5, 1943. and no person shall receive or accept any cluded are bread, pies, cakes, doughnuts, beef carcass or wholesale cut or veal coffee cakes,o-olls, candies, and any bak­ (Pub. Laws 421 and 729, 77th Cong • E O carcass or wholesale cut unless such car­ ery products which you manufacture. 9250; 7 F.R. 8781; E.O. 9328, 8 F.R. 4681)* cass and wholesale cut has been iden­ Also excluded are any items which are Issued this 5th day of August 1943. bought by you in bulk and sold loose. tified by grade in accordance with the P r en tiss M . B r o w n , provisions of this section. Each per­ 4. In section 27 (b) (37) the follow­ Administrator. son shall maintain uniform grades, as ing item is added in alphabetical order [F. R. Doc. 43—12760; Filed, August 6, 1943 • specified in paragraph (a) of this sec­ 9:25 a. m.] tion; shall determine his maximum * Copies may be obtained from the Office of Price Administration. prices for beef and veal pursuant to 17 F.R. 10224. 18 F.R. 9407, 10570. * 7 F.R. 5047. Revised Maximum Price Regulation No. 169, Beef and Veal Carcasses and Whole- 10989 FEDERAL REGISTER, Saturday, August 7,1943

as provided in paragraph (c) (3) to U. S. cull or cull, whichever is appropri­ sale Cuts,' upon the basis of such uni­ ate, in lieu of the grade letters established form grades rather than upon the basis have classified into the uniform grades provided for in paragraph (a) of this in the subparagraph. of his own grades, as provided in para­ (3) (i) No person shall sell, offer to graph (b) of this section; and shall have section, by an official grader of the United States Department of Agriculture, the sell, ship, deliver or break any beef or his products identified by grade desig­ veal carcass irrespective? of grade unless beef carcasses and beef wholesale cuts nations, as provided by paragraph (c) such carcass has been examined and of cattle and the veal carcasses and veal graded by an official grader of the United of this section. . wholesale cuts of calves slaughtered by (a) Uniform grades. (1) Beef car­ States Department of Agriculture in ac­ the seller or sold by the seller, and then casses and the wholesale cuts therein cordance with the “Rules and Regula­ to determine *the maximum price for contained derived from steers, heifers tions of the Secretary of Agriculture and cows shall be graded into the fol­ each grade of beef carcass and beef Governing the Grading and Certification wholesale cut by reference to §§ 1364.451' lowing uniform grades: choice, good, of Meats, etc.” * as modified to the extent and 1364.452 of Revised Maximum Price commercial, utility, cutter and canner, set forth in § 1364.527 of Revised Maxi­ Regulation No. 169 and for each grade of except, that no cow carcass or wholesale mum Price Regulation No. 169, which is veal carcass and veal wholesale cut by cut shall be graded choice. Beef car­ incorporated herein by reference, and casses and wholesale cuts derived from reference to §§ 1364.466 and 1364.467 of -Revised Maximum Price Regulation No. unless a stamp has been placed upon such bulls and stags shall be graded in the carcass by such official grader in the same manner, except that no bull car­ 169. ^ . . manner set forth in paragraph (c) (1) cass or wholesale cut shall be graded (c) Duty to identify products by grade marks. (1) No person shall sell, offer of this section: Provided, That in any choice or good, and no stag carcass or instance where any person is unable to wholesale cut shall be graded choice. to sell, ship, deliver or break any beef or veal carcass unless a stamp has been procure the services of an official grader In determining the grade of each beef within 24 hours after such person has carcass, the “Specifications for Official placed thereon with harmless marking fluid conforming to the formula for made an application for grading, pur­ United States Standards for Grades of suant to section 3 of Regulation No. 4 Carcass Beef” * set forth in § 1364.528 of violet branding fluid approved by the United States Department of Agricul­ (Grading Service) contained in § 1364.- Revised Maximum Price Regulation No. 527 of Revised Maximum Price Regula­ 169, Beef and Veal Carcasses and Whole­ ture, Bureau of Animal Industry, set forth in § 1364.526 of Revised Maximum tion No. 169, then the provisions of this sale Cuts, and incorporated herein by subparagraph shall hot apply, for so reference, shall be used and the grade Price Regulation No. 169, and incorpo­ rated herein by reference, marking the long a period as the Food Distribution of such carcass shall apply to each Administration of the United States De­ wholesale cut derived therefrom, except appropriate grade letter, as hereinafter designated, in such manner as to iden­ partment of Agriculture certifies in writ­ that the specifications therein for the ing that It is unable to provide such per­ two grades, prime and choice, shall be tify by such letter the uniform grade of each beef wholesale cut or veal wholesale son with the services of an official grader. combined and treated as a single grade, During such period such beef and veal choice, and the specifications therein for cut which may be derived from the car­ cass, except that in the case of a calf or carcasses shall be graded by the slaugh­ the two grades cutter and canner shall terer in the manner provided in para­ be combined and treated as a single veal carcass sold with the skin on, the grade letter shall be stamped only on graphs (a), (b), (c) (1) and

to paragraph (c) (3) hereof or other­ such official grader, such person may ap­ wise, is dissatisfied with the determina­ Col­ tion of such official grader, such person Column I Column II umn peal the grading and grade stamping may appeal the grading and grade III by making an application for appeal stamping by making an application for grading in the manner provided in Regu­ Lamb: lation No. 5 (Appeal grading) contained appeal grading in the manner provided Choice or better Choice___ in Regulation No. 5 (Appeal grading) Good...... Good.. in § 1364.527 of Revised Maximum Price Commercial____ contained in § 1364.527 of Revised Maxi­ Regulation No. 169, and shall thereafter Utility.___ give immediate notice in writing to the mum Price Regulation No. 169, and shall Cull...... Cull C thereafter give immediate notice in Yearling: Office of Price Administration at Wash­ Choice or better__ Choice...^.. ington, D. C., of such appeal. writing to the Office of Price Administra­ Good...... tion at Washington, D. C., of such Commercial... (e) Use of other grading and branding Utility...... systems. Any person may use a private appeal. Cull...... Cull (d) Use of other grading and brand­ Mutton: grading and branding system in addition Choice or better__ to that required by the foregoing para­ ing systems. Any seller may use a pri­ Good______vate grading and branding system in Commercial___ graphs of this section: Provided, That Utility...... R he shall identify his private grading and addition to that required by the fore­ Culh...'______Cull going paragraphs of this section: Pro­ .---- . R branding system in such manner as to vided. That he shall identify his private distinguish it from the grade stamp re­ grading and branding system in such The “Specifications for Official United quired by paragraphs (a), (b) and (c) manner as to distinguish it from the States Standards for Grades of Lamb of this section. official grade stamp as required by para­ Carcasses, Yearling Mutton Carcasses” (f) Each invoice, sales slip or other graph (c) of this section. set forth in § 1364.185 of Revised Maxi­ memorandum of sale covering sales of mum Price Regulation No. 239, Lamb and lamb or mutton carcasses, wholesale cuts § 4002.3 Duty to maintain and iden­ Mutton Carcasses and Cuts at Wholesale or hotel supply cuts shall show the grade tify grades of lamb and mutton. No and Retail, and incorporated herein by and age classification of each lamb or person shall sell, offer to sell, ship, de­ reference, determine the proper classi­ mutton carcass or cut sold. liver or break and no person in the fication of each carcass, except that no course of trade or business shall buy or § 4002.4 Provisions applicable to sell­ mutton buck may be graded higher than ers of beef, veal, lamb or mutton at retail. receive any lamb or mutton carcass or commercial. cut unless it has been identified by grade No retail seller shall Sell, offer to sell, The harmless marking fluid used in deliver, store or retain in his possession ahd marked in accordance with the pro­ marking the carcass shall conform to the any beef, veal, lamb or mutton unless visions of this section. Each person formula for violet branding fluid ap­ shall maintain uniform grades, as spe­ such beef, veal, lamb or mutton has been proved by the United States Department graded, grade marked and/or designated cified in'paragraph (a) of this section; of Agriculture, Bureau of Animal In­ as hereinafter set forth: shall determine his maximum prices for dustry, set forth in § 1364.526 of Revised (1) All carcasses and wholesale cuts lamb and mutton pursuant to Revised Maximum Price Regulation No. 169. of beef, veal, lamb and mutton must be Maximum Price Regulation No. 239, (b) In any instance where any person graded and must have a mark showing Lamb and Mutton Carcasses and Cuts is unable to procure the services of an the grade on them, in accordance with at Wholesale and Retail,6 upon the basis official grader within 24 hours after such §§ 4002.2 (c) (2) and 4002.3 (a). No of such uniform grades rather than upon person has made an application for retail seller shall have in his store refrig­ the basis of his own grades; and shall grading, pursuant to section 3 of Regu­ erator, cooler or warehouse any meat have his products identified by grade lation No. 4 (Grading Service) (§ 1364.- which does not have the grade name c. designations, as provided by paragraph 527, Revised Maximum Price Regulation (a) of this section. mark stamped on each wholesale cut. No. 169), then such person shall not be (2) I f any retail seller slaughters the (a) Except as otherwise provided in required to have the lamb or sheep animal himself, he shall have it graded paragraphs fb) and (c) of this section, slaughtered by, or for him, or sold by and marked before the carcass is broken it shall be the duty of each person to him, graded by an official grader of the in the manner provided by § 4002.2, in have all lambs, including yearlings, and United States Department of Agriculture the case of beef and veal, and § 4002.3, all sheep slaughtered by or for him, or for so long a period as the Pood Distri­ in the case of lamb and mutton. sold by him, classified by an official bution Administration of the United (3) No retail seller shall remove the grader of the United States Department States Department of Agriculture certi­ grade mark from any carcass, wholesale of Agriculture in accordance with the fies in writing that it is unable to pro­ cut or retail cut, nor shall he put differ­ “Rules and Regulations of the Secretary vide such person with the services of an ent grades of meat together in a show­ of Agriculture Governing the Grading official grader. During such period, case. and Certification of Meats, etc.”, such lamb or mutton carcasses shall be (4) Each grade of meat which shall (§ 1364.527, Revised Maximum Price graded by such person in accordance have been separated in the showcase as Regulation No. 169). Each carcass shall with the requirements of paragraph (a) required in (3) above, shall be designated be classified into one of the grades set of this section. by the appropriate official grade, so that out in Column I below and marked with (c) If the slaughterer is a farm customers can see and read it. harmless marking fluid with the grade slaughterer or if he is primarily the (5) Upon request by any customer, the designation set out in Column II, if resident operator of a farm engaging classified by an official grader, or the retail seller shall give such customer a only casually, and not as a business, in receipt showing the date, the retail sell­ grade letter set out in Column III, such slaughtering sheep or lamb as a service grade letter to be at least ^ inch in er’s name and address, the name, weight, for others, he shall not~ be required to and grade of each retail cut sold. height and width, if classified by anyone have the lamb or sheep slaughtered by other than an official grader pursuant him graded by an official grader of the § 4002.5 Enforcement. Persons violat­ to paragraph (b) of this section. Where United States Department of Agricul­ ing any provision of this regulation are the grade designation set out in Column ture. Such lamb or mutton as is sold subject to the criminal penalties provided II is stamped on the carcass, there shall by such slaughterer, or is slaughtered by section 11 of the Aot of October 2, also be stamped the word “ yearling” if by him as a service for sale by others, 1942, entitled “An Act to amend the the carcass being graded is that of a shall be graded by him in accordance Emergency Price Control Act of 1942, to yearling, and the word “mutton” if that with the requirements of paragraph (a) aid in preventing inflation, and for other of a mature sheep. The carcass shall be of this section. purposes” and to all'other actions, pro­ marked in such a manner as to result in (d) Whenever any person having a ceedings and penalties provided by law. each wholesale cut being identified by financial interest in any lamb or mutton grade. § 4002.6 Definitions, (a) When used carcass which has been graded and grade in this regulation, the term: stamped by an official grader pursuant 6 7 F.R. 10688, 8 F E . 8589, 4786, 7679, 8677, (1) “Person” means any individual, to paragraph (b) hereof or otherwise, is corporation, partnership, association or dissatisfied with the determination of other organized group of persons, or legal 10991 FEDERAL REGISTER, Saturday, August 7, 194S

TITLE 46—SHIPPING, to the Coordinator, with a copy to the successor or representative of any of the * Executive Manager, Maintenance & Re­ foregoing, and includes the United States Chapter IV—War Shipping pair Division, War Shipping Administra­ or any agency thereof, or any other gov­ Administration tion, 45 Broadway, New York City, list­ ernment, or any agency of any of the ing the name of the vessel, contractor, foregoing: Provided, That no punish­ (General Order 861] type of work, estimated cost, starting ment shall apply to the United States or P art 301—G eneral R egulations and estimated or actual completion date to any such government, political sub- of the repairs or other work, within 5 division or agency. REPATBfl AND OTHER WORK ON MERCHANT days after allocation thereof. (2) “Beef,” “beef carcass,” beef VESSELS §301.24 Reports of repairs or other wholesale cut,” “veal,” “veal carcass,” and It appears that in many instances ar­ “veal wholesale cut” shall have the same work effected by subcontract. All ship rangements for repairs to and other repair contractors shall report weekly, meaning ascribed by Revised Maximum work on merchant vessels are being Price Regulation No. 169, Beef and Veal within 5 days after the end of each cal­ made between contractors and owners endar week, all repair or other work on Carcasses and Wholesale Cuts. or managing agents, and that such ves­ (3) “Lamb,” “yearling lamb, mut­ merchant vessels effected on a subcon­ sels are being placed in yards without tract basis, listing the name of the ves­ ton ” “lamb cut,” “cut,” and “wholesale consultation with or notification of the cut” shall have the same meaning sel, subcontractor, type of work, esti­ Office of The Coordinator for Ship Re­ mated cost, and starting and estimated ascribed by Revised Maximum Price pair and Conversion. This serves to Regulation No. 239, Lamb and Mutton or actual completion date. The report nullify the intent and purpose of the Carcasses and Cuts at Wholesale and shall be submitted to the local office of Coordinator’s office, namely, the fullest the Coordinator, with a copy to the Ex­ (4) “Sales at retail’*-means sales to the utilization of repair facilities of the ecutive Manager, Maintenance and Re­ ultimate consumer: Provided, That'no United States in prosecuting the war to pair Division, War Shipping Adminis­ wholesaler, processor, packer, slaugh­ a successful conclusion. In addition, it tration, 45 Broadway, New York City. now appears desirable for the Coordi- terer branch house, car-route, hotel (E.O. 9054, 7 F.R. 837) suppiy house, commercial user, purveyor nator’s office to obtain certain informa­ [ seal! E. S. L and, of meals, war procurement agency or tion concerning the volume of work per­ formed under subcontract, to determine Administrator. other government agency shall be deemed to be an ultimate consumer, except that . the need for additional repair facilities A ugust 5, 1943. a sale to a purveyor of meals on usual I in the several ports. [P. R. Doc. 43-12745; Piled, August 0, 1943; Accordingly, pursuant to the authority retail terms by a retailer at least 80 per­ 9:15 a. m .l cent of whose sales of meat during the vested in me by Executive Order 9054, as preceding calendar month were made to amended, I hereby order and direct, ultimate consumers shall be deemed a That: (General Order 6, Revised, Supp. 2] sale at retail. § 301.21 Scope of regulations. All (5) “Retail seller” means a person reg­ owners, managing agents, vessel repair P art 305—I nsurance ularly and generally engaged in making yards and contractors, British Ministry sales at retail. - „ . „ of War Transport, and Local and Dis­ miscellaneous amendments (6) “Retail meat cut” shall have the trict Managers of the Maintenance and Pursuant to the authority contained in same meaning ascribed by Maximum Repair Division of the War Shipping the Act approved June 29,1940 (54 Stat. Price Regulation No. 855, Retail Ceiling Administration shall arrange for or per­ 689), as amended, and Executive Order Prices for Beef, Veal, Lamb and Mutton form repairs to and other work on mer­ 9054, February 7,1942 (7 F.R. 837), Gen­ Cuts and AH Variety Meats and Edible chant vessels in accordance with the eral Order 6, Revised, is amended and By-Products.7 following regulations (§§ 301.22 through supplemented as follows: (b) Unless the context otherwise re­ 301.24). Effective with the date of the opening quires, other terms used herein: § 301.22 Allocation of vessel by Co­ of the New York City Cargo Underwrit­ Applicable to beef and veal shall be ordinator for Ship Repair and Conver­ ing Office, § 305.2 Submission of risks, subject to the definitions set forth in sion. Except under circumstances of ex­ § 305.4 Quotation of rate, and § 305.9 Revised Maximum Price Regulation No. treme emergency, no merchant vessel Issuance of facultative policy, are 169, Beef and Veal Carcasses and Whole­ shall be placed in or at water-side facil­ amended by striking out in each respec­ sale Cuts; . „ ities of a contractor for repairs or other tively the words and figures “ at room Applicable to lamb and mutton shall work until allocation of said vessel to 4089, Commerce Building, Washington, be subject to the definitions set forth in such contractor has been approved by D C.” and inserting in lieu thereof the Revised Maximum Price Regulation No. the Office of the Coordinator for Ship words and figures “ at Room 915, 99 John 239, Lamb and Mutton Carcasses and Repair and Conversion. Street, New York 7, N. Y.” , Cuts at Wholesale and Retail; and Section 305.12 Special rules is clarified § 301.23 Extreme emergency repairs Applicable to retail sellers shall be sub­ by adding at the end thereof: ject to the definitions set forth in Max­ or work and reports. Repairs or other imum Price Regulation No. 355, Retail work effected by contractors without wa­ (g) No return of premium for any Ceiling Prices for Beef, Veal, Lamb and ter-side facilities, effected on loading reason will be allowed where the amount Mutton Cuts and All Variety Meats and berths, in the stream, or at other loca­ of the return premium involved is less Edible By-Products. tions away from the site of the contrac­ than $100.00 or unless amounting to 10 tor’s water-side facilities, or performed percent or more of the original premium § 4002.7 Effective date. This Reg­ in or at water-side facilities under con­ in respect to any facultative cargo war ulation No. 1 shall become effective Au­ ditions of extreme emergency, need not risk insurance. gust 5,1943. be previously allocated by the Coor­ Section 305.22 Form of facultative pol­ Issued this 5th day of August 1943. dinator's office. In all such cases, the icy as published in General Order 6, Re­ F red M. V in so n , owner, managing agent, representative vised, is amended by striking out all Economic Stabilization Director. of the British Ministry of War Trans­ material of the form appearing from the port, or Local or District Manager, con­ beginning thereof to the first numbered [P. R. Doc. 43-12767; Piled, August 5, 1943; cerned therewith shall report in writing 5:21 p. m.] clause and inserting in lieu thereof the following: 1 General Orders 34 and 85 will be Issued T8 P.R. 4423, 4922, 6214, 6248, 7199, 7827, at a later date. 8185, 8945, 9366. No. 156------4 10992 FEDERAL REGISTER, Saturday, August 7, 1943

U n it e d S t a t e s o f A m e r ic a war risk insurance business negotiated person requesting delivery in return for WAR SHIPPING ADMINISTRATION other than as aforesaid. the duplicate receipt slip or such policies Warshipcargo Policy § 305.51 Presentation and receipt of will be mailed to the address indicated Amount Insured, $______prepared policies. On request the New on the receipt slip. Rate, ____ % York City Cargo Underwriting Office will (a) If proper payment of premium is Premium, $______furnish to applicants for insurance or not made any set of policies submitted No. C______their representatives sets of blank poli­ may in the discretion of the New York Effective Date and Hour______cies in sufficient quantities for appropri­ City Cargo Underwriting Office be treated This policy of insurance witnesseth that in as null, void and of no effect. consideration of a premium as shown above, ate use. The applicant for insurance receipt of which is hereby acknowledged, the will prepare the set of policies so received § 305.54 Correction of policies and War Shipping Administration hereby insures, and must present the same by mail or validation. When the New York City in accordance with applicable provisions of hand delivery to the New York City Cargo Underwriting Office ascertains Law: Cargo Underwriting Office, as a set, con­ that any set of prepared policies contains sisting of an original, duplicate-original, one or more errors it may return the ------for account of whom it may concern. and four copies, along with a receipt original, . duplicate-original and two U p o n ______slip executed in duplicate on the form ----- :------.— , identified as set forth below copies of the policies together with a In the sum o f ______dollars set forth in § 305.61. When a prepared rejection slip which will indicate the At and fr o m ______to ______set (or sets) of policies is (are) received respects in which the set of policies is Warranted goods shipped and in transit on with an accompanying receipt slip, the required to be corrected. or before midnight of the 30th consecutive New York City Cargo Underwriting Office (a) When the New York City Cargo calendar day from and including the effective will immediately assign a policy number Underwriting Office is satisfied that suffi­ date of this policy. Any loss payable here­ to each respective risk listed on the cient premium for the applicable voyage under shall be payable in funds current in the receipt ¿lip for which an applicable set United States, t o ______. order, and conditions of the insurance has been upon surrender of this Policy, thirty days’ of prepared policies has been submitted, paid in accordance with the provisions after full proofs of loss and proofs of interest and will place on the receipt slip the of § 305.52 and that all corrections which have been filed with the War Shipping Ad­ acknowledged time and date of receipt. are indicated to be necessary pn the re­ ministration. The duplicate receipt slip, indicating the jection slip are made, and within three time of the acknowledged receipt and business days following the date appear- (For marks, numbers, or other identification the policy number, will be handed back of cargo, and special conditions) • ing on the rejection slip, either the origi­ to the person making the delivery, or will nal and duplicate-original policies are be mailed to the address indicated returned without other changes or a new If marks, numbers, or other specific identifi­ thereon. cation of cargo are not noted hereon, then, set of . policies embodying no change unless otherwise agreed by the War Shipping § 305.52 Payment of premium. In or­ other than the corrections indicated to Administration, the same must be incorpo­ der to obtain the effective validation of be necessary on the rejection slip, is sub­ rated in an endorsement duly signed by the mitted, the policies will be made effec­ War Shipping Administration within seven any set of policies (or any set of en -. days from the effective date of the policy or dorsements for which payment of tive subject to the policy warranties as prior to the sailing of .the vessel from port premium is necessary) as of the time of of the time of the acknowledged receipt of loading, whichever last occurs. the acknowledged receipt thereof, pay­ thereof as shown by the original.receipt ment of sufficient premium at the cor­ slip. . Subpart A, Cargo Insurance, is sup­ (b) Notwithstanding the foregoing the plemented by adding the following: rect rate for the applicable voyage and conditions of insurance must be re­ New York City Cargo Underwriting Of­ § 305.25 Establishment of New York ceived by the New York City Cargo Un­ fice has the right to make any neces­ City Cargo Underwriting Office. There derwriting Office by means of either a sary corrections in any set of policies. is established in the offices of the War certified check, or a cashier’s check or Any change so made shall be conclu­ Shipping Administration, Division of a money order payable to the order of sively binding oh the applicant for in­ Wartime Insurance, at 99 John Street, War Shipping Administration prior to surance upon acceptance by him of the New York 7, N. Y., a cargo unit of the the close of business of the second busi­ policy so corrected. Underwriting Section for the under­ ness day following the date of the ac­ (c) If proper payment of premium is writing of cargo war risk insurance. knowledged receipt of such set of poli­ not made any set of resubmitted policies This office is designated the New York cies or such set of endorsements as shown may in the discretion of the New York City Cargo Underwriting Office and shall by the original receipt slip. City Cargo Underwriting Office be perform such functions as may now or (a) Payment of premium must be treated as null, void and of ho effect. hereafter be established in General made by one check or money order for § 305.55 Manner of increasing insured Order by the War Shipping Administra­ all policies (and/or endorsements) listed amounts. Whenever a set of endorse­ tion. on a single receipt slip, and may be so ments consisting of an original, dupli­ Over-the-Counter Facultative Cargo made by a single check or money order cate-original and two copies is received War Risk Insurance for one or more receipt slips which are by the New York City Cargo Underwrit­ acknowledged as having been received ing Office, prepared properly on tlie form § 305.50 Establishment of an over- on the same day. set forth in § 305.59, and it is ascertained the-counter facultative cargo war risk (b) The check or money order in pay-* that sufficient premium for the appli­ . insurance procedure. Effective with the ment of premium must be accompanied cable voyage and conditions of insur­ date of opening of the New York City either by the set of prepared policies ance has been paid in accordance with Cargo Underwriting Office, a new pro­ or the duplicate acknowledged receipt the provisions of § 305.52, such set of en­ cedure for the underwriting of cargo war slip for the purposes of identification. dorsements will be mad« effective sub­ risk insurance on a facultative or special ject to its terms and conditions as of the risk basis is established. This procedure § 305.53 Validation of policies. When the New York City Cargo Underwriting time of its acknowledged receipt as will be known as the “ Over-the-Counter” shown by the receipt slip. The original facultative cargo war risk insurance Office is satisfied that the set of policies is prepared properly and sufficient pre­ and duplicate-original of the validated procedure and unless hereafter an­ set of endorsements will be returned to mium for the applicable voyage and con­ nounced or otherwise agreed shall be the person requesting delivery in return ditions of the insurance has been paid in applicable only to insurances negotiated for the duplicate receipt slip, or such accordance with the provisions of Sec. by or through persons, firms or corpo­ endorsements will be mailed to the ad­ rations in the metropolitan area of New 305.52, it will cause the set of policies to dress indicated on the receipt slip. be made effective subject to the policy York City. The procedure hitherto es­ (a) If a shipment of additional mer­ warranties as of the time of the acknowl­ chandise is the reason for the increased tablished for the binding of cargo war edged receipt thereof as shown by the risk insurance on a facultative or special amount insured a description of such ad­ receipt slip. The original, duplicate- ditional merchandise must be furnished risk basis as set forth in § 305.3 shall original, and two copies of the validated continue to apply to all facultative cargo in writing including specific identifica­ set of policies will be returned to the tion. FEDERAL REGISTER, Saturday, August 7, 1943 10993

§ 305.58 It is further warranted that there is no § 305.56 Manner of extending the Correction of endorsements known or reported loss of or damage to said transit warranty. In a proper instance, and validation. When the New York vessel and interest insured at the effective subject to the provisions of § 305.10 (a ), City Cargo Underwriting Office ascer­ day and hour of Jhis endorsement. whenever an extension of the time within tains that any set of prepared endorse­ (Amended description of merchandise) which the goods are warranted to be ments contains one or more errors it may return the original and duplicate- All other terms and conditions remaining shipped and in transit is required, an unchanged. Effective t h i s ------day of extension of the transit warranty will be original, together with a rejection slip granted provided a set of endorsements, which will indicate the respects in which ------19— - a t ------p * consisting of an original, duplicate-orig­ the set of endorsements is required to F o r ------inal and two copies, prepared properly be corrected. Director of Wartime Insurance, (a) When the New York City Cargo War Shipping Administration. on the form set forth in § 305.60 is pre­ Underwriting Office is satisfied that suf­ sented to the New York City Cargo Un­ § 305.60 Standard form of endorse­ derwriting Office. The set of endorse­ ficient premium for the applicable voy­ age and conditions of the insurance has ment for extension of the transit war­ ments will be made effective as of the been paid in accordance with the provi­ ranty. Unless otherwise agreed the time of its acknowledged receipt by the sions of § 305.52 and that all corrections following is the standard form of En­ New York City Cargo Underwriting Of­ dorsement for Extension of the Transit which are indicated to be necessary on fice, subject to the regulations set forth the rejection slip are made, and within Warranty: in this section, unless otherwise agreed by three business days following the date Endorsement N o . ______to be attached the War Shipping Administration. The appearing on the rejection slip, either to Cargo War Risk Policy N o . ------Is­ original and duplicate-original of such the original and the duplicate-orginal sued t o ______by War Shipping set of validated endorsements will be re­ endorsements are returned without other Administration. *(In consideration of an additional premium of $------) turned to the person requesting delivery changes or a new set of endorsements in return for the duplicate receipt slip, It is understood and agreed that the tran­ embodying no change other than the sit warranty contained in this policy as or such endorsements will be mailed to corrections indicated to be nectessary on the address indicated on the original re­ originally issued or as amended hy endorse­ the rejection slip, is submitted, the set ment, which requires the goods to which this ceipt slip. of endorsements will be made effective insurance is applicable to be shipped and in (a) In the instance of the presentation according to its terms as of the time of transit on or before a specified time, is hereby of a set of these endorsements on a date the acknowledged receipt thereof as amended to permit the goods to be shipped which is more than seven (7) days prior shown by the original receipt slip. and in transit on or before midnight of the to the then existing expiration date of expiration of the 30th consecutive calendar (b) Notwithstanding the foregoing day, (including the effective day of this en­ the transit warranty, the set of endorse­ the-New York City Cargo Underwriting ments may be returned without further dorsement) from the effective day of this Office has the right to make any neces­ endorsement, such amendment being sub-, action, or treated as null, void and of no sary corrections in any set of endorse­ ject to the following: That if such goods effect by the New York City Cargo Un­ ments. Any change so made shall be were, after the expiration of the transit war­ derwriting Office, unless otherwise conclusively binding on the applicant for ranty contained in this policy as originally insurance upon acceptance by him of Issued, or as amended by endorsement, both (b) If the correct rate of premium for the endorsement so corrected. placed in transit and waterborne prior to the the applicable voyage and conditions of (c) If proper payment of premium is effective day and hour of this endorsement insurance in effect at the time of the then it is warranted such goods are on a ves­ not made any set of submitted endorse­ sel safe in port on the effective day and hour acknowledged receipt Of the set of en­ ments may in the discretion of the New of this endorsement, or held covered pursuant dorsements by the New York City Cargo York City Cargo Underwriting Office be to the terms and conditions of Clause 12 ot Underwriting Office is not greater than treated as null, voichand of no effect. the policy. It is further warranted that there is no that by which premium has already been § 305.59 Standard form of increase calculated and paid, the set of endorse­ known or reported loss of or damage to said endorsement. Unless otherwise agreed vessel and interest insured at the effective ments will be validated without the re­ the following is the standard form of day and hour of this endorsement. quirement of additional premium. increase endorsement. All other terms and conditions remaining (c) If the correct rate of premium for Endorsement N o . ------•— to be attached unchanged. Effective this — - day of _____ 19_____ at ______a. m.-p. xn. the applicable voyage and conditions of to Cargo War Risk Policy No------issued insurance in effect at the time of the to ______by War Shipping For acknowledged receipt of the set of en­ Administration. ___ Director of Wartime Insurance, In consideration of an additional premium War Shipping Administration, dorsements by the New York City Cargo of $______the insured amount of the Pol­ Underwriting Office is greater than that icy to which this endorsement is attached is § 305.61 Receipt slip. The following by which premium has already been cal­ increased by the sum of ------~~~7------Z is the form of receipt slip which will be _____ ) Dollars, and the description of acceptable for use in connection with culated and paid, then payment of suf­ merchandise insured hereunder is amended the submission of prepared policies or ficient additional premium must be as set forth below; warranted, however, with endorsements to the New York City made in accordance with the provisions respect to the amount of increase only, that the goods to which this Policy is applicable Cargo Underwriting Office: of § 305.52 in order to permit the set of have not become waterborne on an overseas Receipt Su p endorsements to be validated as of the vessel prior to the day and hour this en­ time of the acknowledged receipt. dorsement is effective, or if waterborne pnor Submitted herewith a re ------set(s) of to that time on any vessel that the goods are policies and/or set (s) of endorsements pre­ § 305.57 Other endorsements. When­ on a vessel safe in port at the effective day pared and presented for validation subject ever it is necessary to endorse the policy and hour of this endorsement, or held cov­ to the provisions of § 305.50 and following of with any endorsement other than the ered pursuant to the terms and conditions of General Order No. 6, revised, as supplemented. Clause 12 of the Policy. Standard Endorsements set forth re­ spectively in § 305.59 and § 305.60, the pended Ship to Other Amount applicant for insurance or his represen­ Trans­ Shore Type of Rate of Policy Insured Assured’s Name shipment Endorse­ Endorse­ Premium tative or the policy-holder may request Number 1 Amount Endorse­ ment * ment ment* any necessary endorsement by submit­ ting a form of endorsement or sufficient information in the form of a letter. If the New York City Cargo Underwriting Office is satisfied that the request is ap­ propriate and that any additional pre­ * Leave blank for insertion of policy numbers by War Shipping Administration. mium required has been paid in accord­ » I f Standard Optional Endorsement I is desired, insert Yes. ance with the provisions of § 305.52, it » I f Standard Optional Endorsement XVI Ib desired insert yes . will validate or prepare the necessary ♦Insert word “none" if additional premium not required. endorsement. 10994 FEDERAL REGISTER, Saturday, August 7, 1943 Will call *or □ Mall □ In the Federal R egister, this policy shall be (Please indicate by “X ") deemed automatically reinstated as of Jan­ (b) Average agreements. Carload Date and hour of Acknowledged Receipt: uary 30, 1943 with respect to all shipments: shipments from and to the points set Signed by______(a ) Under ocean bills of lading dated on forth in paragraph (a) of this section Address______or after January 30, 1943, or shall not be included in any average per_____-______::::::::::: (b ) If ocean bills of lading are not issued agreement at named border points. ' Telephone No______1111111 under equivalent shipping documents dated (c) Tariff provisions suspended. H ie The Rate and Premium noted hereon are on and after said date, or operation of all tariff rules, regulations (c) If no ocean bills of lading or equiva­ statements of the applicant and are not bind­ or charges insofar as they conflict with ing upon the War Shipping Administration. lent shipping documents are issued or the same are undated, laden on overseas vessel the provisions of paragraphs (a) and (b) (Do not use this space) on or after such date. of this section is hereby suspended. N ote: Receipt slips must be typewritten, With respect* to shipments other than as (d) Announcement of suspension. printed or mimeographed by the policy aforesaid the reinstatement shall only become Each railroad, or its agent, on or before applicant. effective upon arrival of. the insured mer­ the effective date of this order, and upon § 305.62 Office hours. For the pur­ chandise at first safe port (other than port not less than one day’s notice to the poses of payment of premium and issu­ of final destination) subsequent to Januarv Commission and the public, shall file and 30, 1943. post a supplement to each of its tariffs ance of validated policies or endorse­ In consideration of the reinstatement of ments the New York City Cargo Under­ affected hereby, substantially in the form this policy as aforesaid it is understood and authorized in Rule 9 (k) of Tariff Cir­ writing Office will regard 4:00 P. M., agreed that with respect to insurances so E. W. T. as the time of closing of the reinstated the policy-holder waives any claim cular No. 20 (§141.9 (k) of this chapter) business day unless otherwise specially which might otherwise arise for return of announcing the suspension of the opera­ agreed. premium by reason of the voidance of said tion of any of the provisions therein, policy and admits liability for all premium and establishing the substituted provi­ § 305.63 Applicability of other sec­ payments which would have been due under sions above set forth. .(40 Stat. 101, sec tions of General Order No. 6, Revised. this policy with respect to such shipments 402, 41 Stat. 476, sec. 4, 54 Stat. 901- 49 All sections of General Order No. 6, Re­ If the breach of warranty had not arisen. U.S.C. 1 (10)-(17)) All other terms and conditions remaining vised, as * supplemented, dealing with unchanged. facultative cargo war risk insurance, in­ It is further ordered, That this order sofar as the same are not in conflict with (E.O. 9054, 7 P.R. 837) shall become effective at 12:01 a. m. August 6, 1943, and that a copy of this §§ 305.50 through 305.64 for providing [ se al] E. S. Land, facultative cargo war risk insurance on order and direction shall be served upon Administrator. the Association of American Railroads, an over-the-counter basis, shall be A u g u s t 5, 1943. deemed applicable to the underwriting Car Service Division, as agent of thé of facultative cargo war risk insurance [F. R. Doc. 43-12746; Filed, August 6, 1943; railroads subscribing to the car service by the New York City Cargo Underwrit­ 9:15 a. m.] and per diejn agreement under the terms ing Office. In no event, however, shall of that agreement; and that notice of the provisions in respect to a special this order shall be given to the general guarantee deposit account apply to the public by depositing a copy in the office writing of facultative cargo war risk of the Secretary of the Commission at insurance on an over-the-counter basis TITLE 49—TRANSPORTATION AND Washington, D. C., and by filing it with by the New York City Cargo Underwrit­ RAILROADS the Director, Division of the Federal ing Office. Register. Chapter I—Interstate Commerce By the Commission, Division 3. § 305.64 Powers of the New York City Commission [ seal] W. P. B artel, Cargo Underwriting Office. The Direc­ tor of Wartime Insurance, or his repre­ Subchapter A—General Rules and Regulations Secretary. sentative duly authorized by a written [Service Order 135, Arndt. 1] [F. R. Doc. 43-12774; Filed, August 6, 1943; directive, may waive strict compliance 10:53 a. m.] P art 95—C ar S ervice with any regulation for procuring facul­ tative cargo war risk insurance to the DEMURRAGE CHARGE AT MEXICAN BORDER extent that he may determine that such POINTS [Service Order No. 139, Arndt. 1] waiver is not contrary to the purposes of At a session of the Interstate Com­ P art 95— Car S ervice the statute under which such insurance merce Commission, Division 3, held at is provided or to the interests of the War its office in Washington, D. C., on the 5th SHIPMENT OF GRAVEL TO FOSTERS OR Shipping Administration. In any deter­ day of August, A. D. 1943. SHREVEPORT, LA. mination as aforesaid the decision of the Upon further consideration of the pro­ Director of Wartime Insurance or his At a session of the Interstate Com­ visions of Service Order No. 135 (8 P.R. merce Commission, Division 3, held at its duly authorized representative shall be 9569-70) of July 10,1943, and good cause conclusive upon all parties thereto. office in Washington, D. C., on the 5th appearing therefor: day of August, A. D. 1943. Subpart A, Cargo Insurance, Open It is ordered, That Service Order No. It appearing, that shipments of Policy Cargo War Risk Insurance, is sup­ 135 (8 P.R. 9569—70) be, and it is hereby, gravel in carloads originating at points plemented by adding the following: amended to read as follows: in Arkansas and Louisiana and destined § 305.153 Automatic reinstatement § 95.502 Demurrage charge at Mexican to Fosters or Shreveport, Louisiana, or endorsement. Effective with the day of border points, (a) After expiration of any other_point near Shreveport, for use the publication hereof the following the free time allowed by tariffs lawfully at Barksdale Field are being weighed on clause shall automatically be made a on file with this Commission on inter­ railroad track scales, thus impeding the part of each Warshipopencargo Policy state or foreign shipments in carloads use, control, supply, movement, and dis­ which attached prior to January 30,1943 originating at points in, or moving tribution of cars; in the opinion of the unless written or telegraphic notice to through, the United States and destined Commission an emergency exists requir­ the contrary is received by the War Ship­ to points in Mexico the demurrage ing immediate action to avoid a short­ ping Administration, Division of War­ charges at Brownsville, Texas; Calexico, age of equipment and congestion of time Insurance, from the policyholder California; Cantu, California; Division, traffic: within thirty (30) days from the date of California; Douglas, Arizona; Eagle Pass,’ I t is ordered, That Service Order No. the publication hereof: Texas; El Paso; Texas; Laredo, Texas; 139, (8 F.R. 10774) be, and it is hereby, amended to read as follows: It is understood and agreed that in the Naco, Arizona; Nogales, Arizona; Pre­ event prior to January 30, 1943 this policy sidio, Texas; and San Ysidro, California; § 95.21 Carloads of gravel destined to became void through failure of the policy­ on such carload shipments shall be $5.50 Fosters or Shreveport, Louisiana, or any holder to maintain a sufficient collateral de­ per car per day or fraction thereof, for other point near Shreveport, for use at posit or surety bond but such voidance has each of the first two (2) days, and shall Barksdale Field, not to be weighed, (a) not become known to the policyholder prior be $22.00 per car per day or fraction to the date of the publication of this clause No common carrier by railroad subject to thereof, for each succeeding day. the Interstate Commerce Act shall weigh FEDERAL REGISTER, Saturday, August 7, 1943 10995 or permit to be weighed any shipment of Acting Secretary of the Interior of Octo­ under the Fair Labor Standards Act of gravel in carloads, on any railroad track ber 31,1936, establishing Wyoming Graz­ 1938. scales when such traffic originates on or ing District No. 4. Notice is hereby given that special cer­ after the effective date of this order at A be F ortas, tificates authorizing the employment of any point or points in Arkansas or Lou­ Acting Secretary of the Interior. learners at hourly wages lower than the minimum rate applicable under section 6 isiana and is destined to Fosters or Ju l y 31, 1943. Shreveport, Louisiana, or any point near of the Act are issued under section 14 [F. R. Doc. 43-12777; Filed, August 6, 1943; Shreveport, for use at Barksdale Field, 11:19 a. m.j thereof and § 522.5 (b) of the Regula­ except that a limited number of cars may tions issued thereunder (August 16,1940, be weighed as is necessary to obtain 5 F.R. 2862) to the employers listed be­ [Public Land Order 154] average weights. The operation of all low effective August 2, 1943. tariff rules or regulations insofar as they A laska The employment of learners under conflict with the provisions of this order these Certificates is limited to the terms WITHDRAWING PUBLIC LANDS FOR USE OF THE is hereby suspended. and conditions as designated opposite (b) Announcement of suspension. WAR DEPARTMENT FOR MILITARY PURPOSES Each of such railroads shall publish, file, the employer’s name. These Certificates and post a supplement to each of its By virtue of the authority vested in the are issued upon the employers’ repre­ tariffs affected hereby, in substantial President by section 1 of the act of June sentations that experienced workers for accordance with the provisions of Rule 9 4, 1897, 30 Stat. 11, 36 (U.S.C., title 16, the learner occupations are not avail­ (k) of the Commission’s Tariff Circular sec. 473) and otherwise, and pursuant to able for employment and that they are No. 20 (§ 141.9 (k) of this chapter) an­ Executive Order No. 9337 of April 24, actually in need of learners at submini­ nouncing the suspension of any of the 1943, it is ordered as follows: mum rates in order to prevent curtail­ provisions therein. (40 Stat. 101, sec. Subject to valid existing rights, the public lands within the following-de­ ment of opportunities for employment. 402, 41 Stat. 476, sec. 4, 54 Stat. 901; 49 The certificates may be cancelled in the U.S.C. 1 (10)—(17) ) scribed area, are hereby withdrawn from all forms of appropriation under the pub­ manner provided for in the Regulations It is further ordered, That this order lic land laws, including the mining and and as indicated on the Certificate. Any shall become effective at 12:01 A. M., mineral-leasing laws, and reserved for person aggrieved by the issuance of the August 6, 1943, and that a copy of this the use of the War Department for mili­ Certificates may seek a review or recon­ order and direction shall be served upon tary purposes: sideration thereof. the Association of American Railroads, Car Service Division, as agent of the rail­ Cordova to Cordova Airport N ame and Address of Firm, Product, Number of Learners, Learning Period, Learner roads subscribing to the car service and A strip of land 200 ft. wide, 100 ft. on each W age, Learner Occupation, Expiration date per diem agreement under the terms of side of the center line of the Copper River that agreement; and that notice of this and Northwestern Railroad shown on map Acme Cloth Reel Company, 214 West McBee order be given to the general public by designated “Directive Maps— December 15, Avenue, Greenville, South Carolina; Cloth depositing a copy in the office of the 1942— Office of Chief Engineer Cordova reels; 2 learners (T); Reinforcing ends of Alaska” on file in the General Land Office, cloth reels and pasting lettered labels for a Secretary of the Commission at Wash­ Washington, D. C., file No. 1906338, the ter­ learning period of 240 hours at 35£ per hour ington, D. C., and by filing it with the minal points being described as follows: until February 1, 1944. Director, Division of the Federal Regis­ Beginning at a point on the south line of ter. U. S. Survey No. 449 station 61+95, thence Signed at New York, this 3d day of By the Commission, Division 3. southeasterly and easterly as shown on said August 1943. map to station 686+41.4 or Mile 13. [ seal] W. P. B artel, P a u l in e C. G ilber t, Secretary. This Order shall take precedence over, Authorized Representative but shall not rescind or revoke, any other of the Administrator. [F. R. Doc. 43-12775; Filed, August 6, 1943; 10:53 a. m.] prior order withdrawing or reserving the [F. R. Doc. 43-12737; Filed, August 5, 1943; lands described herein. 12:36 p. m.] Jurisdiction over the public lands in Notices the above-described area shall revert to the Department of the Interior and to any other Department or Agency of the L earner E m p l o y m e n t C ertificates Federal Government having jurisdiction DEPARTMENT OF THE INTERIOR. ISSUANCE TO VARIOUS INDUSTRIES ' over the lands immediately prior to the General Land Office. issuance of this order, according to their Notice of issuance of special certifi­ cates for the employment of learners [Air-Navigation Site Withdrawal 207] respective interests, when the lands are no longer needed for the purpose for under the Fair Labor Standards Act of W y o m in g which they are reserved. The lands, 1938. however, shall remain withdrawn from Notice is hereby given that special cer­ air - n a v ig a tio n site w it h d r a w a l appropriation as herein provided until tificates authorizing the employment of By virtue of the authority contained in otherwise ordered, pending Classification learners at hourly wage rates lower than section 4 of the act of May 24, 1928, c. and determination as to whether the the minimum wage rate applicable under 728, 45 Stat. 729 (U.S.C., title 49, sec. lands or any portion thereof are needed section 6 of the Act are issued under 214), it is ordered as follows: for public purposes. section 14 thereof, Part 522 of the regu­ lations issued thereunder (August 16, Subject to valid existing rights, the A be F ortas, following-described public land, near Acting Secretary of the Interior. 1940, 5 F.R. 2862, and as amended June 25, 1942, 7 F.R. 4725), and the Determi­ Rock Springs, Wyoming, is hereby with­ Ju l y 29, 1943. drawn from all forms of appropriation nation and Order or Regulation listed under the public-land laws and reserved [F. R. Doc. 43-12778; Filed, August 6, 1943; below and published in the F ederal R eg­ for the use of the Civil Aeronautics Ad­ 11: 19 a. m."] ister as here stated. ministration, Department of Commerce, Apparel Learner Regulations, September 7, in the maintenance of air-navigation fa­ 1940 (5 F R . 3591), as amended by Adminis­ cilities, the reservation to be known as trative Order March 13, 1943, (8 F.R. 3079). DEPARTMENT OF LABOR. Single Pants, Shirts and Allied Garments, Air-Navigation Site Withdrawal No. 207 : Women’s Apparel, Sportswear, Rainwear, Sixth Principal M eridian Wage and Hour Division. Robes and Leather and Sheep-Lined Gar­ ments, Divisions of the Apparel Industry, T. 19 N., R. 106 W., L earner E m p l o y m e n t C ertificates Learner Regulations, July 20, 1942 (7 F.R. Sec. 36, NEJ4SE]4SW]4. 4724), as amended by Administrative Order The area described contains 10 acres. ISSUANCE TO VARIOUS INDUSTRIES March 13, 1943 (8 F.R. 3079). This order shall take precedence over, Notice of issuance of special certifi­ Artificial Flowers and Feathers Learner but shall not modify the order of the cates for the employment of learners Regulations, October 24, 1940 (5 F.R. 4203). 10996 FEDERAL REGISTER, Saturday, August 7, 1943

Glove Findings and Determination of Work clothing, government one-piece suits; mittee No. 62 for the Fruit and Vegetable February 20, 1040, as amended by Adminis­ 10 learners (T ); effective August 4, 1943, ex­ Packing and Farm Products Assembling trative Order September 20, 1040 (5 F.R. piring August 4, 1944. 3748) and as further amended by Adminis­ Friedman & Shickman, 1104 Washington Industry, to be held August 26, 1943. trative Order, March 13, 1043 (8 Fit. 3070). Avenue, St. Louis, Missouri; Rayon dresses; Whereas the Administrator of the Hosiery Learner Regulations, September 4, 10 learners ( T ) ; effective August 3, 1948, ex­ Wage and Hour Division of the United 1940 (5 F.R. 3530) as amended by Adminis­ piring August 3, 1944. States Department of Labor, acting pur­ trative Order March 13, 1043 (8 F.R. 3079). Georgia Shirt Company, Cornelia, Georgia; suant to section 5 (b) of the Fair Labor Independent Telephone Learner Regula­ Flannel O. D. shirts; 5 percent (A. T .); ef­ Standards Act of 1938, on July 2, 1943, tions, September 27, 1940 (5 F.R. 3829). fective August 6, 1943, expiring February 6, by Administrative Order No. 202, ap­ Knitted Wear Learner Regulations, Octo­ 1944. pointed Industry Committee No. 62 for ber 10, 1940 ( 5 F R . 3082), as amended by High Point Overall Company, Willowbrook Administrative Order, March 13, 1943 (8 FR. and Hamilton Streets, High Point, North the Fruit and Vegetable Packing and 3079). Carolina; Overalls, work pants and shirts, 1 Farm Products Assembling Industry, Millinery Learner Regulations, Custom piece suits, trousers and dungarees for' the composed of an equal number of repre­ Made and Popular Priced, August 29, 1940 government; 20 percent (A. T .); effective sentatives of the public, employers in the (5 F R . 3892, 3393). August 11, 1943, expiring February 11, 1944. Industry and employees in the Industry, Textile Learner Regulations, May 16, 1941 Jimy Manufacturing Company, Blackwood, and on Juiy 15, 1943, by Administrative (6 F R . 2446) as amended by Administrative New Jersey; Children’s and ladies’ cotton Order No. 206 enlarged the Committee by Order March 13, 1943 (8 F.R. 3079). wash dresses; 5 learners (T ); effective Au­ Woolen Learner Regulations, October 30; gust 4, 1943, expiring August 4, 1944. appointing nine additional members, 1940 (5 F R . 4302). S. Liebovitz & Sons, Incorporated, Beech likewise equally representative of the Notice of Amended Order for the Employ­ & Evans Street, Pottstown, Pennsylvania; public, employers, and employees in the ment of Learners in the Cigar Manufacturing Men’s dress shirts; 10 percent (T ); effective Industry, all of such representatives hav­ industry, July 20, 1941 (6 F.R. 3753). August 11, 1943, expiring August 11, 1944. ing been appointed with due regard to Meyersdale Manufacturing Company, Mey- the geographical regions in which the The employment _of learners under ersdale, Pennsylvania; Army shirts, dress these Certificates is limited to the terms Industry is carried on; and shirts; 60 learners (A. T .); effective August Whereas Industry Committee No. 62, and conditions therein contained and 14, 1943, expiring February 14, 1944. to the provisions of the applicable De­ Monroe Manufacturing Company, Monroe, on July 27, 1943, recommended a mini­ termination and Order or Regulations Georgia; Trousers, herringbone O. D., over­ mum wage rate for the Fruit and Vege­ cited above. The applicable Determina­ alls, shirts; 5 percent (A. T .); effective Au­ table Packing and Farm Products As­ tion and Order or Regulations-and the gust 6, 1943, expiring February 6, 1944. sembling Industry and duly adopted a Regal Manufacturing Company, 3915 Main report containing such recommendation effective and expiration dates of the Street, Dallas, Texas; Washable service uni­ Certificates issued to each employer is and reasons therefor and filed such re­ forms; 10 learners (T ); effective August 3, port with the Administrator on July 30, listed below. The Certificates may be 1943, expiring August 3, 1944. Southeastern Manufacturing Company, 1943, pursuant to section 8 (d) of the cancelled in the manner provided in the Act and § 511.19 of the regulations issued Regulations and as indicated in the Cer­ Monroe, Georgia; Cotton khaki trousers; 10 percent (T ); effective August 5, 1943, expiring under the Act; and tificates. Any person aggrieved by the August 5, 1944. Whereas the Administrator is required issuance of any of these Certificates, may Tuf-Nut Garment Manufacturing Com­ by section 8 (d) of the Act, after due seek a review or reconsideration thereof. pany, 423 East Third Street, Little Rock, Ar­ notice to interested persons and giving kansas; Men’s and boys’ overalls and jump­ N ame and A ddress op Firm , I ndustry, Prod­ them an opportunity to be heard, to ap­ ers, work trousers and work shirts; 10 per­ uct, N umber of Learners and Effective cent (T ); effective August 3, 1943, expiring prove and carry into effect by order the D ates - August 3, 1944. recommendation of Industry Committee No. 62 if he finds that the recommenda­ Single Pants, Shirts, and Allied Garments, r Glove Industry Women’s Apparel, Sportswear, Rainwear, tion is made in accordance with law and Rohes, and Leather and Sheep-Lined Gar- Alvord Glove Company, Mayfield, New is supported by the evidence adduced at . ments Divisions of the Apparel Industry York; Men’s dress gloves; 5 learners (T ); the hearing, and, taking into considera­ effective August 7, 1943, expiring August 7, Atlantic Garment Company, 2406 Island tion the same factors as are required to 1944. be considered by the Industry Commit­ Avenue, Atlantic City, New Jersey; Cotton Hosiery Industry overalls, coveralls, work clothes for defense tee, will carry out the purposes of plants; 5 learners (T ); effective August 3, Burlington Mills Hosiery Division, 1421 section 8 of the Act; and, if he finds 1943, expiring August 3, 1944. South Elm Street, Greensboro, North Caro­ otherwise, to disapprove such recom­ Brookshire )3hirt Company, Incorporated, lina; Seamless and full-fashioned hosiery; mendation; 19 Edson Street, Amsterdam, New York; Men’s 5 percen t'(T ); effective August 5, 1943, ex­ Now, therefore, notice is hereby given shirts and sport shirts; 10 learners ( T ) ; effec­ piring August 5, 1944. tive August 3, 1943, expiring August 3, 1944. Commonwealth Hosiery Mills, Eller be, that: Garwood Manufacturing Company, Athens North Carolina; Seamless hosiery; 15 learn­ I. The recommendation of Industry Street, Winder, Georgia; Wool, serge, O. D, ers (A. T .); effective August 4, 1943, expir­ Committee No. 62 is as follows: ing February 4, 1844. trousers, cotton trousers and shirts; 5 percent Wages at a rate of not less than 40 cents Grantville Mills, Grantville, Georgia; (A. T .); effective August 6, 1943, expiring an hour shall be paid under section 6 of Seamless hosiery; 3 percent (T ); effective February 6, 1944. the Fair Labor Standards Act of 1938 by August 4, 1943, expiring August 4, 1944. Central Manufacturing Company, Dickson, every employer to each of his employees in Tennessee; Work shirts, U. S. Army shirts, Textile Industry the Fruit and Vegetable Packing and Farm U. S. Navy shirts; 125 learners (A. T .); effec­ Products Assembling Industry (as defined in Huntingdon Throwing Mills, Miffiinburg, tive August 5, 1943, expiring February 5, 1944. Administrative Order No. 202) who is-en­ (This certificate replaces the one previously Pennsylvania; throwing erf silk, rayon and gaged in commerce or in the production of fiberglas; 100 learners (A. T ,); effective issued effective October 5, 1942, and expiring goods for commerce and is not exempt under October 5, 1943.) August 3, 1943, expiring February 3, 1944. section 13 (a ) of the Act. Dixie Dress Manufacturing Company, 116 Mitchell ■ Street, S. W„ Atlanta, Georgia; Signed at New York, N. Y., this 3d day H. The definitipn of the Fruit and (W AAC) skirts, dresses and sportswear; 10 of August 1943. Vegetable Packing and Farm Products learners (T ); effective August 4, 1943, ex­ P a u l in e C. G ilber t, Assembling Industry as set forth in Ad­ piring August 4, 1944. Authorized Representative ministrative Order No. 202, issued July Dixie Shirt Company, Incorporated, Camp of the Administrator. Wadsworth, Spartanburg, South Carolina; 2, 1943, is as follows: Men’s shirts; 10 percent (T ); effective Au­ [F. R. Doc. 43-12738; Filed, August 5, 1943; The assembling and preparing for market gust 25, 1943, expiring August 25, 1944. 12:36 p. m.j of fresh fruits and vegetables, and other Elder Manufacturing Company, St. Gene­ farm and related products (including wild vieve, Missouri; Boys’ shirts, pajamas and and domesticated animals other than those sportswear; 20 percent (A. T .); effective Au­ F r u it and V egetable P a c k in g and F arm assembled for processing into food for hu­ gust 2, 1943, expiring February 2, 1944. (This P roducts A sse m b lin g I n d u str y man or animal consumption). certifiate replaces the one Issued previ­ NOTICE OP HEARING ON MINIMUM WAGE a. It includes, but without limitation: ously, effective November 12, 1942 and expir­ (1) The packing of fresh fruits and vege­ RECOMMENDATION ing November 12, 1943.) tables; the shelling of nuts; the ginning and The Ftshback Manufacturing Company, Notice of hearing on the m inim um compressing of cotton; the retting and de­ 1731 Arapahoe Street, Denver, Colorado; wage recommendation of Industry Com­ corticating of flax and other vegetable fibers; FEDERAL REGISTER, Saturday, August 7, 1943 10997 and other similar operations performed on Los Angeles, California, 417 H. W. Heilman sions, United States Department of Labor, farm and related products. Building, Spring and Fourth Streets. July 1943. (2) The gathering or collecting of wild Seattle, Washington, 305 Post Office Build­ berries, plants, flowers, gums, saps, seeds and ing, Third Avenue and Union Street. VIH. The hearing will be conducted other forms of wild plant or animal life. San Juan, Puerto Rico, Post Office Box 112. in accordance with the following rules, (3) “The leaf processing branch of the Washington, District of Columbia, Depart­ subject, however, to such subsequent Cigar Industry” as defined in the wage order ment of Labor, First Flqor. modifications by the Administrator or for the Cigar Industry. New York, New York, 165 West 46th Street. Presiding Officer as are deemed appro­ b. Provided, however, This industry does priate. not include: Copies of the Committee’s report and (1) the assembling of fresh fruits and recommendation may be obtained by any 1. The hearing shall be stenographically vegetables or other farm and related pro­ person upon request addressed to the reported and a transcript made which will ducts when performed in a marketing or Administrator of the Wage and Hour Di­ be available to any person at prescribed rates wholesaling establishment which does no vision, United States Department of upon request addressed to the Administrator, preparing for market within the meaning of Wage and Hour Division, United States De­ Labor, 165 West 46th Street, New'York partment of Labor, 165'West 46th Street, this definition and which receives directly 19, New York. from gatherers of non-cultivated products New York 19, New York. or from farmers products constituting less IV. A public hearing will be held on 2. In order to maintain orderly and ex­ than one-half of all products handled; (2) August 26, 1943, before the Administra­ peditious procedure, each person filing a logging; (3) public warehousing of com­ tor of the Wage and Hour Division or Notice to Appear shall be notified, if prac­ modities other than cotton; (4) any product a representative designated to preside ticable, of the approximate day and place at included in the Canned Fruits and Vege­ in his place, at 10:00 a. m. in Room 1001, which he may offer evidence at the hearing. tables and Related Products Industry; Cot­ United States Department of^ Labor, 165 If such person does not, appear at the time set in the notice, he will not be permitted tonseed and- Peanut Crushing Industry; West 46th Street, New York,"New York, Vegetable Fats and Oils Industry; and Meat, to offer evidence at any other time except Poultry, and Dairy Products Industry (as de­ for the purpose of taking evidence on by special permission of the Presiding Officer. fined in Administrative Orders Nos. 182, 189, the following question: 3. At the discretion of the Presiding Officer, the hearing may be continued from day to 190, and 201 respectively), or in the Grain Whether the recommendation of Industry Products Industry and the Tobacco Industry day, or adjourned to a later date, or to a Committee No. 62 should be approved or (as defined in the wage orders for such in­ different place by announcement thereof at dustries). disapproved. the hearing by the Presiding Officer or by other appropriate notice. V. Any interested person supporting or III. The full text of the report and rec­ 4. At any stage of the hearing, the Pre­ ommendation of Industry Committee No. opposing the recommendation of Indus­ siding Officer may call for further evidence 62 is and'will be available for inspection try Committee No. 62 may appear at the upon any matter. After the hearing has by any person between the hours of aforesaid hearing to offer evidence, been closed, no further evidence shall be 9:00 a. m. and 4:00 p. m. at the following either on his behalf or on behalf of any taken, except at the request of the Admin­ offices of the United States Department other person: Provided, That not later istrator, unless provision has been made at the hearing for the later receipt o$ such evi­ of Labor, Wage and Hour Division: than August 21, 1943, such person shall file with the Administrator at New York, dence. In the event that the Administrator Boston, Massachusetts, Old South Build­ New York, a notice of his intent to-appear shall cause the hearing to be reopened for ing, 294 Washington Street. the purpose of receiving further evidence, due New York, New York, Parcel Post Building, which shall contain the following infor­ and reasonable notice of the time and place 341 Ninth Avenue. mation: fixed for such taking of testimony shall be Philadelphia, Pennsylvania, 1216 Widener 1. The name and address of the person given to all persons who have filed a notice Building, Chestnut and Juniper Streets. appearing. of intention to appear at the hearing. Richmond, Virginia, 215 Richmond Trust 2. If such person is appearing in a repre­ 5. All evidence must be presented under Building. sentative capacity, the name and address of oath or affirmation. Atlanta, Georgia, Fifth Floor, Carl Witt the person or persons whom he is repre­ 6. Written documents or exhibits, except Building, 249 Peachtree Street NE. senting. as otherwise permitted by the Presiding Columbia, South Carolina, Federal Land 3. Whether such person proposes to ap­ Officer, must be offered in evidence by a per­ Bank Building, Hampton and Marion Streets. pear for or against the recommendation of son who is prepared to testify as to the Birmingham, Alabama, 1007 Comer Build­ Industry Committee No. 62. authenticity and trustworthiness thereof, ing. 4. The approximate length o% time re­ and who shall, at the time of offering the Jackson, Mississippi, 404 Deposit Guaranty quested for his presentatiçn. documentary exhibit, make a brief statement Bank Building, 102 Lamar Street. Such notice may be mailed to the Admin­ as to the contents and manner of preparation Cleveland, Ohio, 4094 Main Post Office, istrator, Wage and Hour Division, United thereof. West Third and* Prospect Avenue. States Department of Labor, 165 West 46th 7. Written documents and exhibits shall Detroit, Michigan, David Stott Building, Street, New York 19, New York, and -shall be tendered in duplicate and the persons pre­ 1150 Griswold Street. be deemed filed upon receipt thereof. paring the same shall be prepared to supply Newark, New Jersey, Essex Building, 31 additional copies if such are ordered by the Clinton Street. VI. Any person interested in support­ Presiding Officer. When evidence is em­ Pittsburgh, Pennsylvania, Clark Building, ing or opposing thé recommendation of braced in a document containing matter Liberty Avenue and Seventh Street. Industry Committee No. 62 may secure not intended to be put in evidence, such a Baltimore, Maryland, 401-411 Old Town further information concerning the document will not be received, but the per­ Building, Gay Street and Fallsway. son offering the same may present to the Raleigh, North Carolina, North Carolina De­ aforesaid hearing by inquiry directed to the Administrator, Wage and Hour Divi­ Presiding Officer the original document to­ partment of Labor, Salisbury and Edenton gether with two copies of those portions of Streets. sion, United States Department of Labor, the document intended to be put in evidence. Jacksonville, Florida, 456 New Post Office 165 West 46th Street, New York 19, New 8. Subpoenas requiring the attendance of Building. York, or by consulting with attorneys witnesses or the presentation of a document New Orleans, Louisiana, 916 Union Build­ representing the Administrator who will from any place in the United States at any ing. designated place of hearing may be issued Nashville, Tennessee, 509 Medical Arts be available for that purpose at the by the Administrator at his discretion, and ' Building, Office of the Solicitor, United States De­ any person appearing in the proceeding may Cincinnati, Ohio, 1312 Traction Building, partment of Labor, in Washington, D. apply in writing for the issuance by the Fifth and Walnut Streets. C., and New York, New York. Administrator of the subpoena. Such appli­ Chicago, Illinois, 1200 Merchandise Mart, vn . Copies of the following document cation shall be timely and shall identify 222 West North Bank Drive. relating to the Fruit and Vegetable exactly the witness or document and state Minneapolis, Mihnesota, 406 Pence Build­ Packing and Farm Products Assembling fully the nature of the evidence proposed ing, 730 Hennepin Avenue. to be secured. St. Louis, Missouri, 316 Old Customs House, Industry will be made available on re­ 815 Olive Street. quest for inspection by any interested 9. Witnesses summoned by the Adminis­ Dallas, Texas, Rio Grande National Build­ person who intends to appear at the trator shall be paid the same fees and mile­ ing, 1100 Main Street. aforesaid hearing: age as are paid witnesses in the courts of the United States. Witness fees and mileage San Francisco, California, 800 Humboldt Report entitled, “Memorandum to Industry Bank Building, 785 Market Street. shall be paid by the party at whose instance Committee No. 62 for the Fruit and Vegetable Kansas City, Missouri, 3000 Fidelity Build­ witnesses appear, and the Administrator be­ ing, 911 Walnut Street. Packing and Farm Products Assembling In­ fore issuing subpoena may require a deposit Denver, Colorado, 300 Chamber of Com­ dustry,” prepared by the Economics Branch, of an amount adequate to cover the fees and merce Building, 1726 Champa Street. Wage and Hour and Public Contracts Divi­ mileage involved. 10998 FEDERAL REGISTER, Saturday, August 7, 1943

10. The rules of evidence prevailing in the to the geographical regions in which the ment or department are sales of products courts of law or equity shall not be con­ Industry is carried on; and which are not included in this industry; and trolling. (b ) when carried on exclusively in connection 11. The Presiding Officer may, at his dis­ Whereas Industry Committee No. 61, on July 13, 1943, recommended a mini­ with the sale of articles not included in this cretion, permit any person appearing in the industry: And provided, further, That where proceeding to cross-examine any witness of­ mum wage rate for the Meat, Poultry, an employee covered by this definition is em­ fered by another person insofar as is prac­ and Dairy Products Industry and duly ployed during the same workweek at two or ticable, and to object to the admission or adopted a report containing such rec­ more different minimum rates of pay, he shall exclusion of evidence by the Presiding Offi­ ommendations and reasons therefor and be paid the highest of such rates for such cer. Requests for permission to cross-exam­ filed such report with the Administrator workweek, unless records concerning his em­ ine a witness offered by another person and ployment are kept by his employer in accord­ objections to the admission or exclusion of on July 14, 1943, pursuant to section 8 (d) of the Act and § 511.19 of the regu­ ance with applicable regulations of the Wage evidence shall be stated briefly with the rea­ and Hour Division. sons for such request or the ground of lations issued under the Act; and objection relied on. Such requests or objec­ Whereas the Administrator is required III. The full text of the report and tions shall become a part of the record, but by section 8 (d) of the Act, after due recommendation of Industry Committee this record shall not include argument notice to interested persons and giving No. 61 is and will be available for in­ thereon except as ordered by the Presiding them an opportunity to be heard, to spection by any person between the Officer. Objections to the approval of the Committee’s recommendation and to the approve and carry into effect by order hours of 9:00 a. m. and 5:00 p. m. at the promulgation of a wage order based upon the recommendation of Industry Com­ following offices of the United States such approval must be made at the hearing mittee No. 61 if he finds that the recom­ Department of Labor, Wage and Hour before the Presiding Officer. mendation is made in accordance with Division: 12. Before the close of the hearing, written law and is supported by the evidence ad­ requests shall be received from persons ap­ Boston, Massachusetts, Old South Build­ duced at the hearing and taking into ing, 294 Washington Street. pearing in the proceeding for permission to consideration the same factors as are re­ New York, New York, Parcel Post Building, make oral arguments before the Administra­ quired to be considered by the Industry 341 Ninth Avenue. tor upon the matter in issue. If the Admin­ Newark, New Jersey, Essex Building, 31 istrator, in his discretion, allows the request, Committee, will carry out the purposes Clinton Street. he shall give such notice thereof as he deems of section 8 of the Act; and, if he finds Philadelphia, Pennsylvania, 1216 Widener suitable to all persons appearing in the pro­ otherwise, to disapprove such recom­ Building, Chestnut and Juniper Streets. ceedings and shall designate the time and mendation; Pittsburgh, Pennsylvania, Clark Building, place at which the oral arguments shall be Now, therefore, notice is hereby given Liberty Avenue and Seventh Street. heard. If such requests are allowed, all per­ •that: Richmond, Virginia, 215 Richmond Trust sons appearing at the hearing will be given I. The recommendation of Industry Building, 627 East Main Street. opportunity to present oral argument. Baltimore, Maryland, 408 Old Town Bank 13. Briefs (12 copies) may be submitted to Committee No. 61 is as follows: Building. the Administrator following the close of the Wages at a rate of not less than 40 cents Raleigh, North Carolina, North Carolina hearing, by any persons appearing therein. an hour shall be paid under section 6 of the Department of Labor, Salisbury and Edenton Notice of the final dates for filing such briefs Fair Labor Standards Act of 1938 by every Streets. shall be given by the Administrator in such employer to each of his employees in the Columbia, South Carolina, Federal Land manner as shall be deemed suitable by him. Meat, Poultry and Dairy Products Industry Bank Building, Hampton and Marion Streets. 14. On the close of the hearing, a complete (as defined in Administrative Order No. 201) Atlanta, Georgia, Fifth Floor, Witt Build­ record of the proceedings shall be,filed with .who is engaged in commerce or in the pro­ ing, 249 Peachtree Street NE. the Administrator. No intermediate report duction of goods for commerce. Jacksonville, Florida, 456 New Post Office shall be filed unless so directed by the Ad­ Building. ministrator. If a report is filed it shall be II. The definition of the Meat, Poultry, Birmingham, Alabama, 1007 Comer Build­ advisory only and have no binding effect upon and Dairy Products Industry as set forth ing, 2nd Avenue and 21st Street. the Administrator. in Administrative Order No. 201, issued New Orleans, Louisiana, 916 Richards 15. No order issued as a result of the hear­ June 16, 1943, is as follows: Building, 837 Gravier Street. ing will take effect until after due notice is The assembling, processing, and marketing Jackson, Mississippi, 404 Deposit Guaranty given of the issuance thereof by publication Bank Building, 102 Lamar Street. in the F edekal R egister. of meat animals and meat animal products, poultry §pd poultry products, and dairy Nashville, Tennessee, 509 Medical Arts Signed at New York, New York, this products. Building, 115 Seventh Avenue, N. 2d day of August, 1943. a. It includes, but without limitation, any Cleveland, Ohio, 4094 Main Post Office, product or by-product obtained from live­ West 3rd and Prospect Avenue. L. M etcalfe W a ll in g , stock, poultry, wild fowl and game (includ­ Cincinnati, Ohio, 1312 Traction Building, 5th and Walnut Streets. Administrator. ing meats, milk, and eggs) and any other Detroit, Michigan, David Stott Building, product which is derived from any other [F. R. Doc. 43-12740; Filed, August 5, 1943; 1150 Griswold Street. form of animal life (such as fish, reptiles, 2:24 p. m.] Chicago, Illinois, 1200 Merchandise Mart, and frogs), and which is assembled, proc­ 222 West North Bank Drive. essed or marketed for animal or human con­ Minneapolis, Minnesota, 406 Pence Build­ sumption. ing, 730 Hennepin Avenue. M eat, P o u l t r y , and D a ir y P roducts b. Provided, however, That the definition, Kansas City, Missouri, 3000 Fidelity Build­ shall not include: I n d u s tr y ing, 911 Walnut Street. (1) Storing performed by an independent NOTICE OF HEARING ON MINIMUM WAGE St. Louis, Missouri, 316 Old Customs House. warehouse. Denver, Colorado, 300 Chamber of Com­ RECOMMENDATION (2) Any product included in the Leather merce Building, 1726 Champa Street. Notice of hearing on the minimum Industry; Drug, Medicine, and Toilet Prepa­ Dallas, Texas, Rio Grande National Build­ rations Industry (as defined in the wage or­ ing, 1100 Main Street. wage recommendation of Industry Com­ ders for these industries); or in the Canned mittee No. 61 for the Meat, Poultry, and San Francisco, California, 511 Humboldt Fruits and Vegetables and Related Products Bank Building, 785 Market Street. Dairy Products Industry, to be held Au­ Industry; and the Chemical, Petroleum and Los Angeles, California, 417 H. W. Heilman gust 24, 1943. Coal Products, and Allied Manufacturing In­ Building. Whereas the Administrator of the dustries (as defined in Administrative Or­ Seattle, Washington, 305 Post Office Build­ Wage and Hour Division of the United ders Nos. 182 and 193 respectively). ing, 3rd Avenue and Union Street. States Department of Labor, acting pur­ The definition of the Meat, Poultry, and San Juan, Puerto Rico, Post Office Box 112. Dairy Products Industry covers all occupa­ Washington, District o r Columbia, Depart­ suant to section 5 (b) of the Fair Labor tions in the industry which are necessary to Standards Act of 1938 on June 16, 1943, ment of Labor, 1st Floor. the production of the articles or the opera­ New York,Jiew York, 165 West 46th Street. by Administrative Order No. 201, ap­ tions specified therein including clerical, pointed Industry Committee No. 61 for maintenance, shipping and selling occupa­ Copies of the Committee’s report and the Meat, Poultry, and Dairy Products tions: Provided, however, The definition does recommendation may be obtained by any Industry, composed of an equal number not cover such clerical, maintenance, shipping person upon request addressed to the of representatives of the public, em­ and selling occupations (a) when carried on Administrator of the Wage and Hour ployers in the Industry and employees in an establishment or department exclu­ Division, United States Department of in the Industry, such representatives sively engaged in wholesaling or selling, the Labor, 165 West 46th Street, New York having been appointed with due regard greater part of the sales of which establish­ 19, New York. FEDERAL REGISTER, Saturday, August 7, 1943 10999

IV. A public hearing will be held on Notice to Appear shall be notified, if prac­ tions to the approval of the Committee’s recommendation and to the promulgation of August 24, 1943, before the Administra­ ticable, of the approximate day and the place at which he may offer evidence at the a wage order based upon such approval must tor of the Wage and Hour Division or a hearing. If such person does not appear be made at the hearing before the Presiding representative designated to preside in at the time set in the notice, he will not Officer. his place at 10:00 a. m. at the National be,permitted to offer evidence at any other 12. Before the close of the hearing, the Headquarters Office, Wage and Hour time except by special permission of the Presiding Officer shall receive written re­ Division, 165 West 46th Street, New Presiding Officer. quests from persons appearing in the pro­ York, New York, for the purpose of 3. At the discretion of the Presiding Offi­ ceeding for permission to make oral argu­ ments before the Administrator upon the taking evidence on the following ques­ cer, the hearing may be continued from day to day, or adjourned to a later date, or to matter in issue. Those requests will be for­ tion: a different place by announcement thereof warded to the Administrator by the Presiding Whether the recommendation, of Indus­ at the hearing by the Presiding Officer or Officer with the record of the proceedings. try Committee No. 61 should be approved by other appropriate notice. If the Administrator, in his discretion, allows or disapproved. 4. At any stage of the hearing, the Presid­ the request, he shall give such notice thereof ing Officer may call for further evidence upon as he deems suitable to all persons appearing V. Any interested person supporting or any matter. After the Presiding Officer has in the proceedings, and shall designate the opposing the recommendation of In­ closed the hearing before him, no further time and place at which the oral arguments dustry Committee No. 61 may appear at evidence shall be taken, except at the request shall be heard. If such requests are allowed, the aforesaid hearing to offer evidence, of the Administrator, unless provision has all persons appearing at the hearing will be either on his behalf or oh behalf of any been made at the hearing for the later re­ given opportunity to present oral argument. ceipt of such evidence. In the event that 13. Briefs (12 copies) may be submitted other person; provided that not later the Administrator shall cause the hearing to the Administrator following the close of than August 18, 1943, such person shall to be reopened for the purpose of receiving the hearing, by any persons appearing there­ file with the Administrator at New York, further evidence, due and reasonable notice in. Notice of the final dates for filing such New York, a notice of his intent to of the time and place fixed for such taking briefs shall be given by the Administrator in appear which shall contain the following of testimony shall be given to all persons such manner as shall be deemed suitable by information: who have ¿led a notice of intention to appear him. at the hearing. 14. On the close of the hearing, the Pre­ 1. ^he name and address of the person 5. All evidence must be presented under siding Officer shall forthwith file a complete appearing. oath or affirmation. record of the proceedings with the Admin­ 2. If such person is appearing in a repre­ 6. Written documents or exhibits, except istrator. The Presiding Officer shall not file sentative capacity, the name and address cf as otherwise permitted by the Presiding an intermediate report unless so directed by the person or persons whom he is repre­ Officer, must be offered in evidence by a per­ the Administrator. If a report is filed, it senting. son who is prepared to testify as to the shall be advisory only and have no binding 3. Whether such person proposes to appear authenticity and trustworthiness thereof, effect upon the Administrator. for or against the recommendation of In­ and who shall, at the time of offering the 15. No order issued as a result of the hear­ dustry Committee No. 61. documentary exhibit, make a brief statement ing will take effect until after due notice is 4. The approximate length of time re­ as to the contents and manner of prepara­ given of the issuance thereof by publication quested for his presentation. tion thereof. in the Federal Register. Such notice may be mailed to the Ad­ 7. Written documents and exhibits shall ministrator, Wage and Hour Division, United be tendered in duplicate and the persons pre­ Signed at New York, New York, this States Department of Labor, 165 West 46th paring the same shall be prepared to supply 29th day of July 1943. Street, New York 19, New York, and shall be additional copies if such are ordered by the L. M etcalfe W a l l in g , deemed filed upon receipt thereof. Presiding Officer. When evidence is em­ Administrator. VI. Any person interested in support­ braced in a document containing matter not ing or opposing the recommendation of intended to be put in evidence, such a docu­ [F. R. Doc. 43-12741; Filed, August 5, 1943; ment will not be received, but the person 2:24 p. m.] Industry Committee No. 61 may secure offering the same may present to the Pre­ further information concerning the siding Officer, the original document to­ aforesaid hearing by. inquiry directed to gether with two copies of those portions of the Administrator, Wage and Hour Divi­ the document intended to be put in evidence. sion, United States Department of Labor, 8. Subpoenas requiring the attendance of INTERSTATE COMMERCE COMMIS­ 165 West 46th Street, New York 19, New witnesses or the presentation of a document SION. York, or by consulting with attorneys from any place in the United States at any designated place of- hearing may be issued [Service Order 126, Special Permit 8] representing the Administrator who will by the Administrator at his discretion, and be available for that purpose at the any person appearing in the proceeding may T h e V ir g in ia n R a il w a y C o m p a n y Office of the Solicitor, United States De­ apply in writing for the issuance by the Ad­ REICING IN TRANSIT partment of Labor, in Washington, D. C. ministrator of the subpoena. Such appli­ and New York, New York. cation shall be timely and shall identify ex­ Pursuant to the authority vested in VII. Copies of the following document actly the witness or document and state me by paragraph (b) of the first order­ relating to the Meat, Poultry, and Dairy fully the nature of the evidence proposed to ing paragraph of (§ 95.308, 8 F.R. 7285) Products Industry will be made available be secured. of Service Order No. 126 of May 29,1943, 9. Witnesses summoned by the Adminis­ on request for inspection by any in­ as amended (8 F.R. 7728; 8 F.R. 8082; trator shall be paid the same fees and mile­ 8 F.R. 9033), permission is granted for: terested person who intends to appear age as are paid witnesses in the courts of at the aforesaid hearing: the United States. Witness fees and mileage The Virginian Railway Company to ini­ Report entitled, “Memorandum to Industry shall be paid by the party at whose instance tially ice (but not to reice) not to exceed 18 Committee No. 61 for the Meat, Poultry and witnesses appear, and the Administrator be­ refrigerator cars containing potatoes to be Dairy Products Industry,” prepared by the fore issuing subpoena may require a deposit shipped by the War Foods Administration Economics Branch, Wage and Hour Division, of an amount adequate to cover the fees and from the Peoples Ice and Cold Storage Co., United States Department of Labor, June mileage involved. Roanoke, Va., consigned to Cherokee Prod­ 1943. 10. The rules of evidence prevailing in the ucts Co., Haddock, Ga. courts of law or equity shall not be con­ Not more than 5 cars shall be accepted VIII. The hearing will be conducted in trolling. for movement and iced on any one calendar accordance with the following rules, sub­ 11. The Presiding Officer may, at his discre­ day. ject, however, to such subsequent modifi­ tion, permit any person appearing in the The bills of lading and waybills shall show cations by the Administrator or the proceeding to cross-examine any witness of­ reference to this special permit. Presiding Officer as are deemed appro­ fered by another person insofar as is prac­ A copy of this permit has been served ticable, and to object to the admission or priate. exclusion of evidence by the Presiding Officer. upon the Association of American Rail­ 1. The hearing shall be stenographically Requests for permission to cross-examine a roads, Car Service Division,, as agent of reported and a transcript made which will witness offered by another person and objec­ the railroads subscribing to the car serv­ be available to any person at prescribed tions to the admission or exclusion of evi­ ice and per diem agreement under the rates upon request addressed to the Admin­ dence shall be stated briefly with the reasons terms of that agreement; and notice of istrator, Wage and Hour Division, United for such request or the ground of objection this permit shall be given to the general States Department of Labor, 165 West 46th relied on. Such request or objections shall Street, New York 19, New York. become a part of the record, but this record public by depositing a copy in the office 2. In order to maintain orderly and ex­ shall not include argument thereon except of the Secretary of the Commission at peditious procedure, each person filing a as ordered by the Presiding Officer. Objec­ Washington, D. C., and by filing it with No. 156------5 11000 FEDERAL REGISTER, Saturday, August 7, 1943 the Director, Division of the Federal extent permitted or required by estab­ OFFICE OF DEFENSE TRANSPORTA­ Register, The National Archives. lished FPHA policies and procedures. TION. Issued at Washington, D. C., this 5th 3. Regional directors and assistant re­ day of August 1943. gional. directors for development. To [Special Order ODT LB-13, Arndt. 1] regional directors and assistant regional H omer C. K in g , Ak ro n T ransportation C o m pany, directors for development there is hereby Director, Bureau of Service. Ak r o n , O h io delegated the power: [P. R. Doc. 43—12776; Filed, August 0, 1943; a. To select or approve sites; ORDER SUSPENDING AND ADJUSTING CERTAIN 10:53 a. m.j b. To grant revocable licenses, per­ OPERATIONS mits and easements, and execute ap­ propriate instruments therefor, to facili­ Pursuant to Executive Orders 8989, tate the provision of adequate utility 9156, and 9294, and War Production NATIONAL HOUSING AGENCY. services; Board Directive 21, and in order to assure the orderly and expeditious movement of Federal Public Housing Authority. c. To execute appropriate deeds of conveyance or other instruments for the necessary passenger traffic, and to con­ D elegation of P ow ers to R egional O f f i­ dedication of land acquired for perma­ serve and providently utilize manpower cials in D evelopment of W ar H ousing nent projects only, for necessary streets, and existing transportation facilities and P rojects alleys, walks or other means of ingress service, the attainment of which purposes A ugust 3, 1943. and egress; and utilities; is essential to the successful prosecution The purpose of this section is to set d. To effectuate, wherever possible, of the war: It is hereby ordered, That: forth the powers and duties, to be exer­ the annexation of project property by 1. Special Order ODT LB-13 (8 F.R. cised in the regional offices in connection political subdivision if necessary to fa­ 10454) be, and it is hereby, amended by with the development of projects under­ cilitate the extension of adequate public deleting paragraph numbered 4 there­ taken pursuant to the provisions of Pub. facilities or services, including utilities, to from, by designating paragraph num­ Laws 671, 781, and 849, 76th Cong., and such property. bered 5 as paragraph number 4, and by Pub. Laws 9, 73, and 353, 77th Cong., as 4. Regional construction advisers. To designating paragraph numbered 6 as amended. regional construction advisers, there is paragraph number 5, and changing said 1. Regional directors and assistant re­ hereby delegated the power: paragraph so as to read as follows: gional directors. To regional directors a. To approve contract changes of 5. Communications concerning this and assistant regional directors there is $2,500 or less and to act as representative order should be addressed to the Division hereby delegated the power: for head of the department for the pur­ of Local Transport, Office of Defense a. To execute contracts in any amount pose of approving contract changes of Transportation, Washington, D. C., whatsoever with respect to the develop­ $2,500 or less when the contract docu­ Cleveland, Ohio, or Chicago, Illinois, and ment of projects, except that until fur­ ments require the approval of such should refer to “ Special Order ODT LB- ther notice the acceptance of options changes by the head of the department 13’’. to purchase land or the execution of or his duly authorized representative; This order shall become effective Au­ leases for sites shall be referred to the b. To execute contract-changes in any gust 16, 1943, and shall remain in full Central Office for acceptance or execu­ amount, subject however to the approval force and effect until the termination of tion. of all contract changes in excess of the present war shall have been duly pro­ b. To execute or approve contract $2,500, by the regional director or assist­ claimed or until such easier time as the changes in any amount whatsoever with ant regional directors. Office of Defense Transportation by respect to the development of projects 5. Project engineers. To project en­ further order may designate. and to act as the representative of the gineers there is hereby delegated the head of the department for the purpose power: Issued at Washington, D. C., this 5th of approving such contract changes when a. To execute contract changes in any day of August, 1943. the contract documents require the ap­ amount, subject however to the approval J o seph B . E astman, proval of such contract changes by the of all contract changes in excess of $500 Director, Office of head of department or his duly- author­ by the regional director or assistant re­ Defense Transportation. ized representative. gional directors, or in case of contract 2. Regional directors. To regional di­ [P. R. Doc. 43-12766; Piled, August 6, 1943; changes of $2,500 or less, subject to the 9:51 a. m.j rectors there is hereby delegated the approval of thte regional construction power: adviser; a. To act as representatives of the b. To execute contract changes in the head of the department for the purpose aggregate of $5,000 on any one project if [Special Order ODT B-9, Amdt. 2] of approving the consideration of con­ the contract change involves only latent tractors’ requests for extension of time, soiì, or other conditions covered by All A m erican B u s L in e s , I nc. and when contracts permit the waiver by Article 4 of the lump sum contract, and N orthern T rails, I nc . the head of the department or his duly to act as representative of the head of authorized representative of the con­ COORDINATED OPERATIONS BETWEEN CHICAGO, the department for the purpose of ap­ ILLINOIS, AND NEW YORK, NEW YORK tractors’ failure to notify the Govern­ proving such changes in excess of $500; ment of the delay within the period of c. To approve lump sum subcontracts Upon further consideration of the ap­ time stated in the contract. up to and including $500. plication - for authority to coordinate b. To make such findings of need as 6. Exercise of authority. The incum­ motor vehicle service in the transporta­ are required by the provisions of the tion of passengers and an amendment Lanham Act, (Pub, Law 849, 76th Cong.) bents of the above-named offices are hereby instructed that they shall exer­ thereof, filed with this Office by All with respect to the installation of furni­ American Bus Lines, Inc., Chicago, Illi­ ture for family dwellings. cise the powers delegated to them only in accordance with established FPHA nois, and Northern Trails, Inc., Chicago, c. Pursuant and subject to the pro­ Illinois, pursuant to § 501.49 of General visions of the First War Powers Act, policies and procedures, applicable laws and regulations and within approved Order ODT If, as amended, (7 F.R. 4389, Executive Orders 9001 and 9116, and the 11099): It is hereby ordered, That: National Housing Administrator's Gen­ budgets, and shall execute documents in their own names. 1. Special Order ODT B-9, as amended, eral Order FPHA-7. (7 F.R. 5926, 8 F.R. 1160), be and it is [seal] H erbert E m m erich, (1) To make advance payments to hereby amended by deleting the words Commissioner. contractors; May 15, 1943, wherever they appear in (2) To waive requirements of adver­ [P. R. Doc. 43-12742; Filed, August 5, 1943; paragraph 3 and substituting therefor tising and competitive bidding, to the 4:30 p. m.] May 15, 1944. FEDERAL REGISTER, Saturday, August 7, 1943 11001

This amendment shall become effec­ OFFICE OF PRICE ADMINISTRATION. tive on August 6, 1943. Issued at Washington, D. C., this 6th L ist of I n d iv id u a l O rders G ranting A d ju st m e n ts, E tc., U nder P rice R e g u lat io n s day of August 1943. The following orders were filed with the Division of the Federal Register on J o se ph B. E astm an, August 4,1943. Director, Office of Defense Transportation. Order number: Name [P R. Doc. 43-12765; Filed, August 6, 1943; MPR 120, Second Revised Order 7----- Masteller Coal Co. 9:51 a. m.] MPR 120, Revised Order 115------Henry Clay Coal Mining Co. MPR 120, Order 184______Zion Coal Co. MPR 120, Order 200, Correction— Marcum Coal Co. W h o lesale F lorists o p P hiladelphia MPR 120, Order 228...... i------Independent Coal Co. MPR 120, Order 229...... Imperial Coal Co. recommendation o f j o in t a c tio n p la n MPR 120, Order 230------C. A. Hughes & Co. Pursuant to a provision of a general MPR 120, Order 231------Pardee, Curtin Lumber Co. & Minds Coal Mining Oorp. order issued by the Office of Defense RMPR 148, Order 32, Amendment 1_. WiUiam Underwood Co. Transportation for the purpose, among MPR 149, Order 4______Joseph Stokes Rubber CO. MPR 152, Order 42..------P. E. Booth Co., Inc. others, of conserving and providently Robert Kaufman & Co. utilizing motor vehicles and vital equip­ MPR 177, Order 9, Amendment 1------MPR 177, Order 11------N. Snellenburg & Co., Inc. ment, materials and supplies (General MPR 185, Orders 19 & 20------H. J. Heinz Co. Order ODT 17, as amended, 7 F.R. 5678, MPR 185, Order 21...... Libby, McNeill & Libby. 7694, 9623; 8 F.R. 8278, 8377), S. S. Pen- MPR 246, Order 9______Craine, Inc. nock Co., Callnon Bros., Delaware County MPR 385, Order 1------A. Staiman, Inc. . Wholesale Florists, Berger Bros., Eugene MPR 385, Order 2------Famous-Sternberg, Inc. Bernheimer, Philadelphia Cut Flower MPR 385, Order 3------— Coronet Military Uniform Co. Co., and Irvin & Penater, all of Philadel­ phia, Pennsylvania, have filed with the Office of Defense Transportation for ap­ Copies of these orders may be obtained from the Office of Price Administration. proval an amended joint action plan re­ E r v in H . P o lla c k , lating to the transportation and deliv­ Head, Editorial and Reference Section. ery by motor vehicle of flowers and re­ [P. R. Doc. 43-12759; Filed, August 6, 1943; 9:27 a. m.] lated articles in Philadelphia and vi­ cinity. The participants in the plan, whole­ sale florists, deliver flowers and related Regional, State, and District Office supplies of firewood to meet the require­ articles in their own trucks to retailers ments of the localities affected. Orders. in Philadelphia and within a 25-mile In the judgment of the State Director radius thereof. They propose to elimi­ [S. Dak. Order G -l Under SR 15] the alternative maximum prices estab­ nate wasteful operations by the pooling F ir e w o o d i n S o u t h D akota lished by this order are and will be gen­ of deliveries and the formation of a co­ erally fair and equitable and will adjust operative association which will perform South Dakota State Office Order No. maximum prices established in § 1499.2 the delivery service. The cooperative G -l under § 1499.75 (a) (1) of Supple­ of the General Maximum Price Regula­ will be able to make all deliveries with mentary Regulation No. 15 to the Gen­ tion, as amended, to the minimum extent 6 or 7 trucks, whereas 15 trucks ‘were eral Maximum Price Regulation. (For­ necessary to insure a sufficient supply of formerly operated by the individual par­ merly Order No. 1.) firewood in these areas of the State of ticipants. Their trucks will be sold, The Director of the State Office of the South Dakota. stored, leased to the cooperative, or held Office of Price Administration for the Therefore under the authority vested in reserve. Operation under the plan State of South Dakota has determined in me by Supplementary Regulation No. will result in estimated savings of 19,- upon his own motion that in his judg­ 15 to the General Maximum Price Regu­ 000 truck-miles a month. Other whole­ ment the maximum prices established in lation, as amended, It is ordered: sale florists of Philadelphia are invited § 1499.2 of the General Maximum Price 1. Maximum prices for firewood within to join in the plan. The plan does not Regulation, as amended, for the sale or the areas hereinafter described, shall be contemplate joint selling activities or delivery of firewood are inadequate to the prices established for such sellers un­ exchange of customers. insure a sufficient supply of firewood to der § 1499.2 of the General Maximum It appearing that the proposed joint meet heating requirements in certain Price Regulation, as amended, or the ad­ action plan is in conformity with Gen­ areas hereinafter described within the justed prices hereinafter provided in eral Order ODT 17, as amended, and State of South Dakota. The State Di­ paragraphs 2 and 3 hereof, whichever that the effectuation thereof will accom­ rector has ascertained and given due shall be higher. plish substantial conservation and effi­ consideration to the increased produc­ 2. The adjusted prices for sales and cient utilization of motor trucks and tion costs which sellers of firewood within deliveries of firewood in cords or multi-? vital materials and supplies, the attain­ the specified areas of the State of South pies or fractions thereof (or in equiva­ ment of which purposes is essential to Dakota must incur in order to produce lent quantities expressed in terms of the successful prosecution of the war, such firewood compared with the costs of ricks or weights) within that portion of 1 have approved the plan and recom­ production in March 1942 (and in any Pennington and Custer Counties lying mend that the Chairman of the War earlier months in which firewood was East of the Eastern boundary lines of Production Board find and certify under generally produced in the State of South the Black Hills and Harney National section 12 of Public Law No. 603, 77th Dakota). He has ascertained and given Forests and the South Dakota State Park due consideration to the extent of in­ Congress (56 Stat. 357), that the doing shall be as follows; of any act or thing, or the omission to creased transportation costs which must be incurred by such sellers of firewood Body, wood cut as furnace wood in do any act or thing, by any person in 12” , 16” , 24” lengths______$9.00 compliance with said joint action plan, in order to move sufficient supplies thereof to meet the requirements of the Body wood cut in 12” , 16” , 24” lengths. 8.50 is requisite to the prosecution of the Body wood 4' lengths------7.50 war. several affected localities in the State of Slab wood cut in 12” , 16” , 24” lengths, Issued at Washington, D. C., this 2d South Dakota. He has also compared 4' lengths______— ------— - 8.00 the average selling prices within the day of August 1943. areas with the higher maximum prices 3. Maximum prices for sales and de-? J o se ph B. E astm a n , established in the territory immediately liveries of firewood in cords or multiples Director, adjacent to these specified areas of South or fractions thereof (or in equivalent Office of Defense Transportation. Dakota. He has also considered such quantities expressed in terms of ricks or weights) for that portion of Pennington [P. R. Doc. 43-12791; Filed, August 6, 1943; other circumstances as may be perti­ 11:29 a. m.] nent to the procurement of sufficient and Custer Counties lying west of the 11002 FEDERAL REGISTER, Saturday, August 7, 1943

eastern boundary line of and within the sqe^ as to a,ny price regulation, the pro­ (5) This order becomes effective Octo­ area of the Black Hills and Harney Na­ visions of which may be contrary hereto. ber 9,1942. tional Forests and the South Dakota G u y H arding, State Park shall be as follows: (Pub. Laws 421 and 729, 77th Cong.; E.O. . State Director. 9250, 7 F.R. 7871) Body wood cut as furnace wood in November 28, 1942. 12", 16", 24" lengths______$7.00 Issued this 8th day of October 1942. Body wood cut in 12", 16”, 24" lengths. 6.25 [P. R. Doc. 43-12717; H ied , August 5, 1948; 11:31 a. m.] C lem W . C o llin s, Body wood cut in 4' lengths______5.50 Regional Administrator. Sl^h wood------no adjustment [P. R. Doc. 43-12718; Filed, August 5, 1943; 4. The terms used herein shall have 11:34 a. m.] the following meanings: [Region VII Order 0-8 Under SR 14] (a) A standard cord shall be the F luid M il k and C ream i n L aramie and amount of wood cut in 4 foot lengths H anna, W y o . [Region VII Order G-4 Under SR 14] which is contained in a space of 128 Order No. G-3 under § 1499.73 (a) (1) cubic feet when well ranked and stowed. F luid M il k in Casper, W y o . (iv) of Supplementary Regulation No. (b) A cord of four foot firewood shall Order No. G-4 under § 1499.73 (a) contain a standard cord. 14 to the General Maximum Price Regu­ lation. Order modifying maximum (1) (iv) of Supplementary Regulation (c) A cord of 24-inch firewood shall wholesale and retail prices for fluid milk No. 14 to the General Maximum Price contain the quantity of 24-inch wood and cream in Laramie and Hanna, Regulation. Order modifying maximum cut from a standard cord but not less Wyoming. (Formerly Order No. 3.) wholesale and retail prices for fluid milk than 104 cubic feet of 24-inch wood For the reasons set forth in an opin­ and cream in Casper, Wyoming. (For­ when compactly piled. ion issued simultaneously herewith and merly Order No. 4.) (d) A cord of 16-inch firewood shall under the authority vested in the Re­ For the reasons set forth in an opin­ contain the quantity of 16-inch wood gional Administrator by § 1499.73 (a) (1) ion issued simultaneously herewith, and cut from a standard cord but not less (iv) of the General Maximum Price under the authority vested in the Re­ than 96 cubic feet of 16-inch wood when Regulation, as amended by Amendment gional Administrator by § 1499.73 (a) compactly piled. No. 34 to Supplementary Regulation No. (1) (iv) of the General Maximum Price (e) A cord of 12-inch firewood shall 14, issued by the Office of Price Adminis­ Regulation, as amended by Amendment contain the quantity of 12-inch wood tration, It is hereby ordered: No. 34 to Supplementary Regulation No. cut from a standard cord but not less (1) Maximum prices for fluid milk 14, issued by the Office of Price Admin­ than 96 cubic feet of 12-inch wood when and cream sold at wholesale and retail istration, i t is hereby ordered: compactly piled. in Laramie and Hanna, Wyoming. The (1) Maximum prices for fluid milk and 5. When firewood shall be sold by maximum price of fluid milk and cream cream sold at wholesale and retail in weight, such weights shall be computed sold and delivered at wholesale and re­ Casper, Wyoming. The maximum price in accordance with established practice tail in the localities set forth below shall of fluid milk and cream sold and de­ in such a fashion that the price per cwt. be, from and after the effective date of livered at wholesale and retail in the shall not exceed the maximum prices this order, as follows: locality set forth below shall be, from per cord established hereunder for each (a) In Laramie and Hanna, Wyo­ and after the effective date of this order, type of wood. ming: as follows: 6. A “rick” shall for the purposes of (a) In Casper, Wyoming: this order and in accordance with stand­ ard practices and customs prevailing in Whole­ Retail Public Commodity in bottles sale institu­ Retail price the areas affected be >4 of a standard price price tions Whole­ delivered cord, or its equivalent. Commodity in bottles sale price 7. Body wood shall consist of dry Milk, raw: At store At home mixed timber of 3" diameter or greater; H pints______$0.03)4 Quarts _ .11 $0.13 and weighing not less than 2600 lbs. per Gallons.. .39 .49 $0.44 Milk, raw: cord. Coflee cream: Quarts . $0.11 $0.13 $0.13 Gallons. 8. Slab wood shall consist of dry H pints...... 11 .14 .39 .49 .49 Quarts...... 39 .49 Coffee cream: mixed edgings, slashings, branches, roots Whipping cream: .11 .13 .13 (but not including sawdust or by-prod­ V> pints _ . ______.19 .22 Quarts______.... .39 .49 .49 Quarts. ______. .. .38 .68 Whipping cream: ucts of mill or forestry operations) used )4 pints...... _ _ _ .19 .22 i22 for fuel consumption and weighing not less than 2200 lbs. per cord. (2) Definitions. For the purpose of (2) Definitions. For the purpose of 9. Firewood shall mean mixed pine, paragraph (a ) : paragraph ( a ) : fir, and hardwood species indigenous (i) “Milk” ' means cow’s produced, (i) “Milk” means cow’s milk pro­ to South Dakota. processed, distributed, and sold in bottles duced, processed, distributed, and sold in 10. The adjusted prices herein pro­ for consumption in fluid form as whole bottles for consumption in fluid form as vided for shall be f. o. b. the seller’s milk. whole milk. yard or place of business. (ii) “ Cream” means concentrated (ii) “Cream” means concentrated but­ 11. Every seller of firewood at retail butter fat to the degree specified taken ter fat to the degree spfecified taken from shall make the necessary changes in its from milk. milk. posting of maximum prices for cost-of- (iii) Laramie, Wyoming, means all the (iii) Casper, Wyoming, means all the living commodities required by section area lying within the municipal bound­ area lying within the municipal bound­ 13 of the. General Maximum Price Regu­ aries of that City, and a distance of aries of that City, and a distance of lation, as amended, to reflect the in­ one mile beyond at all boundary points. three miles beyond at all boundary crease in the maximum prices for fire­ (iv) Hanna, Wyoming, means all the points. wood in accordance with the permission area lying within the incorporated (3) The Sellers affected by this order granted hereby. limits. shall not change their customary allow­ 12. This order shall be effective from (3) The sellers affected by this order ances, discounts or other price differen­ the date hereof. It is subject to revoca­ shall not change their customary al­ tials unless such change results in a tion or amendment by the State Director lowances, discounts or other price differ­ lower price. at any time hereafter upon a finding entials unless such change results in a (4) This order may be revoked, modi­ that a shortage of supply of firewood is lower price. fied or amended by the Price Adminis­ no longer threatened. This order is fur­ (4) This order may be revoked, modi­ trator or Regional Administrator at any ther subject to revocation by any price fied or amended by the Price Adminis­ time. regulation issued hereafter, or by any trator or Regional Administrator at any (5) This order becomes effective Oc­ supplement or amendment hereafter is- time. tober 9, 1942. FEDERAL REGISTER, Saturday, August 7, 1943 11003

(Pub. Laws 421 and 729, 77th Cong.; (5) This order becomes effective Oc­ [No. Calif. Order 0-1 Under SR 15] E.O. 9250, 7 F.R. 7871) tober 23, 1942. F ir ew o o d i n H u m b o ld t C o u n t y , C a l if . Issued this 8th day of October 1942. (Pub. Laws 421 and 729, 77th Cong.; E.O. 9250, 7 F.R. 7871) Order No. G -l under § 1499.75 (a) (1) C l e m W . C o l l in s , of Supplementary Regulation 15 to the Regional Administrator. Issued this 22d day of October 1942. General Maximum Price Regulation- IP. R. Doc. 43-12719; Piled, August 5, 1943; C l e m W . C o l l in s , Firewood. (Formerly Price Order No. 1). 11:34 a. m.j Regional Administrator. The Director of the Northern Califor­ nia State Office of the Office of Price [P. R. Doc. 43-12720; Piled, August 5, 1943; 11:27 a. m.] Administration has determined upon his [Region VII Order G-6 Under SR 14] own motion that in his judgment the maximum prices established under the F l u id M il k i n G r e e le y , C o l o . General Maximum Price Regulation for Order No. G-6 under § 1499.73 (a) [Region VII Order 0-26 Under 18 (c) ] the sale and delivery of firewood are (1) (iv) of Supplementary Regulation inadequate to insure a sufficient supply No. 14 to the General Maximum Price B ernard 6 Ms" P liers M anufacturers i n of firewood to meet the heating require­ Regulation. Order modifying maximum D enver R eg io n ments in Humboldt County, State of wholesale and retail prices for fluid milk California. in the Greeley, Colorado, Area. (Form­ Order No. G-26 under § 1499.18 (c) of The State Director has ascertained erly Order No. 6.) the General Maximum Price Regulation. and given due consideration to the in­ For the reasons set forth in an opin­ Adjustment of Maximum Prices in Re­ creased production and distribution costs ion issued simultaneously herewith, and gion VII, Denver, for Bernard 6Ms" Pliers which sellers of firewood in Humboldt under the authority vested in the Re­ Manufacturer’s No. 102; Docket No. V II- County are now experiencing as com­ gional Administrator by § 1499.73 (a) (1) 18 (c )-67. pared with the costs of production and (iv) of the General Maximum Price For the reasons set forth in an opinion distribution generally prevailing in Regulation, as amended by Amendment issued simultaneously herewith and un­ Humboldt County in March 1942. He No. 34 to Supplementary Regulation -No. der the authority vested in the Regional has given due consideration to the im­ 14, issued by the Office of Price Adminis­ Administrator by § 1499.18 (c) of the portance of firewood as a source of resi­ tration, It is hereby ordered: General Maximum Price Regulation, It dential heat in Humboldt County and (1) Maximum prices for fluid milk is hereby ordered: the necessity of using such firewood for sold at wholesale and retail in the Gree­ (a) Maximum prices for Bernard 6Vz" heating purposes as a means of mini­ ley, Colorado, area. The maximum Pliers at wholesale and retail. The max­ mizing the use of coal, oil, and other imum prices for Bernard 6Ms" Pliers, prices of fluid milk sold and delivered at t y p e s of heating fuel. M fr’s No. 102, in all of Region VII, Den­ wholesale and retail in the locality set The State Director has given due con­ ver, shall be from and after the effec­ forth below shall be, from and after the sideration to the increased demand for tive date of this general order as follows: effective date of this order, as follows: labor in defense industries in Humboldt (a) In the Greeley, Colorado, area: (1) Wholesale price‘ The maximum price County and the resultant increased de­ for Bernard 6 % " Pliers, M fr’s No. 102, when mand for firewood that is now being ex­ sold at wholesale shall be $25.20 per dozen. perienced in Humboldt County. He has Whole­ (2) Retail pri°e- The maximum price for Commodity in bottles Bétail sale determined on the necessity of utilizing price price Bernard 0 M " Pliers, M fr’s No. 102, when sold at retail shall be $3.00 each. * the waste from lumber mills as a source of firewood so as to minimize the use of Milk, raw: (b) Definitions. For the purpose of Gallons...... $0.33 $0.35 labor in furnishing firewood to the resi­ Quarts...... 12 .10 this order: dents of Humboldt County. H gallons...... 21 .18 (1) Unless the context of this general So far as practicable, the Director has Pints...... ;____ .07 .08 order otherwise requires, the definitions M pints...... 05 • 02?4 advised and consulted with representa­ and explanations set forth in § 1499.20 of tive members of the industry which will the General Maximum Price Regulation be affected by this order. (2) Definitions. For the purpose of shall apply to and be deemed to be a In the judgment of the State Director, paragraph (a ) : part of this general order with like force the maximum prices established by this (i) “Milk means cow’s milk produced, and effect as though re-written herein. processed, distributed and sold in bot­ order are and will be generally fair and (c) Quantity discounts and price dif­ equitable and will adjust maximum tles for consumption in fluid form as ferentials need not be maintained. whole milk. prices of firewood established under From and after the effective date of this General Maximum Price Regulation to (ii) The Greeley, Colorado, area means order it shall not be obligatory upon any all of the area lying within the rectangle the minimum extent necessary to insure seller of Bernard 6Mi" Pliefc, M fr’s No. a sufficient supply of firewood in Hum­ formed by a line drawn east and west 102, either at wholesale or retail, to main­ through a point three miles north of the boldt County and will effectuate the tain or continue any customary allow­ purpose of this order. most northern boundary point of the ance, discount, quantity discount or difr Therefore, under the authority vested corporate limits of Eaton, Colorado, and ferential heretofore established by him: in the State Director by Supplementary a line drawn north and south through Provided, however, That any seller at Regulation 15 to the General Maximum a point three miles east of the most wholesale or retail may sell said item at Price Regulation, this Northern Califor­ eastern boundary point of the corporate a lower price than the maximum price limits of Kersey, Colorado, and a line nia State Order No. G -l is hereby issued. established by this general order if he 1. Prohibition against dealing in fire­ drawn east and west through a point so desires. three miles south of the most southern wood above maximum prices. On and (d) Right to revoke or amend. This after November 14, 1942, regardless of boundary of the corporate limits of Gil­ order may be revoked, amended or cor­ christ, Colorado, and a line drawn north any contract, agreement, or other obli­ rected at any time by the Price Ad­ gation : and south through a point three miles ministrator or Regional Administrator. west of the most westerly point of the (a) No person shall sell or deliver fire­ (e) Effective date. This order shall wood in Humboldt County at prices corporate limits of Eaton, Colorado. become effective March 29, 1943. ¿3) The Sellers affected by this order higher than the maximum prices estab­ shall not change their customary allow­ (Pub. Laws 421 and 729, 77th Cong.; lished under this order, and ances, discounts or other price differen­ E.O. 9250, 7 F.R. 7871) (b) No person in the course of trade tials unless such change results in a Issued this 27th day of March 1943. or business shall buy or receive firewood lower price. in Humboldt County at prices higher (4) This order may be revoked, modi­ C l e m W . C o l l in s , than the maximum prices established fied or amended by the Price Adminis­ Regional Administrator. under this order. trator or Regional Administrator at any [P. R. Doc. 43-12721; Piled, August 5, 1943; 2. Evasion. The price limitations set time. 11:33 a. m.] forth in this order No. G -l shall not be 11004 FEDERAL REGISTER, Saturday, August 7, 1943

evaded, whether by direct or indirect pricing firewood and shall adhere to the 14. Effective date. This Northern methods, in connection with an offer, method given him by said Office. California State Office Order G -l shall solicitation, agreement, sale, delivery, 9. Method of billing of sales of fire­ become effective November 21, 1942. purchase, or receipt of, or relating to wood. Every seller selling firewood in Issued: November 21,1942. firewood in Humboldt County, alone or Humboldt County shall on each sale of F rancis C arroll, in conjunction with any other commodity firewood separately state on the Bill or State Director. or by way of commission, service, trans­ Invoice his maximum price established portation, or other charge or discount, under the General Maximum Price Reg­ [F. R. Doc. 43-12722; Filed, August 5, 1943; premium, or other privilege, or by tying ulation and the increase allowed him 11:27 a. m.J agreement or other trade understanding, under this order. or otherwise. 10. Affidavits of compliance, (a) Be­ Without limiting the generality of the fore any seller of firewood may sell at [No. Calif. Order G -l Under SR 15] foregoing, the price limitation set forth prices in excess of those established for herein shall not be evaded by improper him under the General Maximum Price F ir e w o o d i n D esignated C o u n t ie s i n classification of any item of firewood, Regulation, and avail himself of the C alifo r n ia splitting of orders into small quantities increases allowed him under this order, Order No. G-2 under § 1499.75 (a) (1) in order to increase prices, discontinuing such seller must file with the Northern of Supplementary Regulation 15 of the or increasing the cost of delivery, or by California State Office of the Office of General Maximum Price Regulation*— decreasing or discontinuing cash dis­ Price Administration a sworn statement Firewood. (Formerly Price Order No. 2.) counts. stating that he is not, at the time of the The Director of the Northern Califor­ 3. Less than maximum prices. Lower issuance of this order, and has not, since nia State Office of the Office of Price prices than those set forth in this order the General Maximum Price Regulation Administration has determined upon his No. G -l may be charged, demanded, paid, controlled the prices which he may . own motion that in his judgment the or offered. charge for firewood, sold at prices in ex­ maximum prices established under the 4. Maximum prices for sales of fire­ cess of the maximum prices established General Maximum Price Regulation for wood in Humboldt County. The maxi­ by the General Maximum Price Regula­ the sale and delivery of firewood in mum price for each item of firewood shall tion for such seller. The effective date Santa Cruz, San Benito, and Monterey be the sum of the following items: of the General Maximum Price Regula­ Counties, State of California, are inade­ (a) The highest net price (after ad­ tion with regard to sales at wholesale quate to insure a sufficient supply tp justment for all applicable customary was May 11, 1942; with regard to sales meet the heating requirements in thes'e charges, discounts, quantity differentials at retail, the effective date was May 18, three Counties. and other allowances) established for the 1942. That State Director has ascertained seller under the General Maximum (b) Such sworn statement shall also and given due consideration to the in­ Price Regulation to a purchaser of the contain a statement by every seller of creased costs of production and distribu­ same class, and firewood at retail that he has filed with tion which sellers of firewood in these

Appendix B— Sack Stovewood of dealers to the consuming public, and (a) In the event the seller at retail [Retail delivered prices] to eliminate inequalities in the existing does not deliver, but sells f. o. b. his P ric e maximum prices of firewood, under the yard, the retailer shall deduct from said Dry or medium dry: (c e n t s ) authority vested in the State Director maximum price, an amount equal to the Oak (any kind)______60 by Supplementary Regulation No. 15 of differential between the delivered price Madrone______: 60 the General Maximum Price Regulation P ine ______50 and the f. o. b. price which said retailer R edw ood______45 this Northern California State Order had established in March, 1942, for Mill ends and slabs______36 No. G-3 is hereby issued. f. o. b. sales as compared with delivered K in d lin g ______60 1. Prohibition against dealing in fire­ sales. wood above maximum prices. On and Sack size: 22 inches by 36 inches (mini­ (b) In the event any retailer had no mum). Deposit of 70 may be required on after December 15, 1942, regardless of such established differential in March, th e sack. any contract, agreement, or other obli­ 1942, the amount of deduction shall be gation: an amount equal to the cost to the cus­ Appendix C— M ill Ends and Slab W ood, Dry (a) No person shall sell or deliver fire­ oh M edium Dry tomer of having the firewood delivered wood in Santa Clara or San Mateo by the most usual and reasonable [Retail delivered prices] Counties at prices higher than the max­ method. 16 inches and under: P e r cord imum prices established under this or­ (c> In no event, however, shall a seller P in e ______$8.00 der, and at retail refuse to sell to a purchaser on R edw ood______6. 00 (b) No person in the course of trade a delivered basis, if the custoiner desires Half cord: Divide by 2 and add 200. Quar­ or business shall buy or receive firewood to purchase the firewood on a delivered ter cord: Divide by 4 and add 400. in Santa Clara or San Mateo Counties basis. at prices higher than the maximum (b) Sales at wholesale. The maxi- Appendix D— W holesale Maximum Prices prices established under this order. mupi prices set forth in Appendix D. [Prices at wholesaler’s yard] 2: Evasion, (a) The price limitations These prices shall be prices at the whole­ 4 ft. length: P e r cord set forth in this order No. G-3 shall not saler’s yard. Oak (any kind)______$12. 50 be evaded, whether by direct or indirect 5. Adjustment of maximum prices for M adrone______12. 50 methods, in connection with an offer, different classes of customers. If the P in e ______10. 50 solicitation, agreement, sale, delivery, seller had an established practice in R ed w oed______8.00 Eucalyptus (gum)______11.50 purchase, or receipt of, or relating to March of 1942, of giving allowances, dis­ firewood in Santa Clara or San Mateo counts, or other price differentials, to [F. R. Doc. 43—12723; Filed, August 5, 1943; Counties, alone or in conjunction with different classes of purchasers, he is re­ 11:29 a. m.j any other commodity or by way of com­ quired to continue this practice, and his mission, service, transportation, or other maximum prices calculated for any type charge or discount, premium, or other of firewood must be reduced to reflect privilege, or by tying agreement or other such allowances, discounts and price dif­ [No. Calif. Order G-3 Under SR 15] trade understanding, or otherwise. ferentials. No seller shall change his (b) Without limiting the generality of customary allowances, discounts or other F ir e w o o d i n S anta C lara and S a n M ateo the foregoing, the price limitations set differentials unless such change results C o u n t ie s , C a l if . forth herein shall not be evaded by im­ in a lower price. Order No, G-3 (Formerly Price Order proper classification of any item of fire­ 6. Applicability of maximum prices. No. 3) under § 1499.75 (a) (1) of Supple­ wood, splitting of orders into small The prices established by this order ap­ mentary Regulation 15 to the General Quantities in order to increase prices ply only to sellers selling firewood at Maximum Price Regulation—Firewood. (except as specifically allowed in Ap­ wholesale and retail. This order does The Director of the Northern Cali­ pendices A, B, C, and D of this order), not apply to mills selling mill waste. fornia State Office of the Office of Price discontinuing or increasing the cost of 7. Applicability of the General Maxi­ Administration has determined upon his delivery, or by decreasing or discontinu­ mum Price Regulation. Except insofar own motion that in his judgment the ing cash discounts. as they are inconsistent, all of the pro­ maximum prices established under the (c) The maximum prices herein set visions and definitions contained in the General Maximum Price Regulation for forth shall not be evaded by any prac­ General Maximum Price Regulation are sale and delivery of firewood in Santa tice or, practices of any seller m con­ incorporated in this order. Clara and San Mateo Counties, State of nection with the cutting or splitting of 8. Method of billing of sales of fire­ California, are inadequate to insure a firewood to a particular size demanded wood. Every seller selling firewood in sufficient supply to meet the heating re­ by the customer. If larger pieces of fire­ Santa Clara and San Mateo Counties quirements in these two Counties, and wood are cut to a special size demanded shall incorporate a statement on his bill are inadequate to move the existing by the customer, the quantity of wood or invoice to the effect that the prices stocks of wood in dealers’ hands to the for which the customer is to be charged charged for the firewood covered by the consuming public. is to be measured after said cutting and bill or invoice are not in excess of the The State Director has ascertained not before. In such case, the customer maximum prices allowed by State Order and given due consideration to the in­ should be charged only on the basis of No. G-3. creased costs of production and distribu­ the measured cord or fraction thereof 9. Affidavit of compliance, (a) Be­ tion which sellers of firewood in these after the cutting has been completed, fore any seller of firewood may sell at two Counties are now experiencing as and the customer should be billed only prices in excess of those established compared with the costs generally pre­ for the measured cord or fraction there­ for him under the General Maximum vailing in these counties in March, 1942. of, after the said cutting, actually deliv­ Price Regulation, and avail himself of He has given due consideration to the ered to the customer. any increases allowed him under this importance of firewood as a source of 3. Less than maximum prices. Lower order, such seller must file with the residential heat in the two Counties, and prices than those set forth in this order Northern California State Office of the the necessity of using such firewood for No. G-3 may be charged, demanded, paid, Office of Price Administration a sworn heating purposes as a means of minimiz­ or offered. statement stating that he is not, at the ing the use of coal, oil, and other types 4. Maximum prices for sales of fire­ time of the issuance of this order, and of heating fuel. wood in Santa Clara and San Mateo has not, since the General Maximum So far as practicable, the Director has counties. The maximum price for each Price Regulation Controlled the prices advised and consulted with representa­ item of firewood shall be the following: tive members of the industry. He has (a) Sales at retail. The maximum which he may charge for firewood, sold determined that the new maximum prices set forth in Appendices A, B & C. at prices in excess of the maximum prices established are and will be gen­ (i) In the case of sack stovewood, de­ prices established by the General Max­ erally fair and equitable and will ef­ livered and cash and carry prices are imum Price Regulation for such seller. fectuate the purposes of this order. set out. Tfie effective date of the General Max­ Therefore, in order to accelerate the (ii) In all other cases said prices are imum Price Regulation with regard to movement of firewood now in the stocks delivered prices. sales at wholesale was May 11, 1942; FEDERAL REGISTER, Saturday, August 7, 1943 11007 with regard to sales at retail, the effec­ Appendix B—Sack Stovewood der No. G-3 shall become effective Janu­ tive date was May 18, 1942, [Retail prices] ary 28th, 1943. (b) In the event that any seller can­ (Pub. Laws 421 and 729, 77th Cong., E.O. not submit the sworn statement show­ Delivered Cash and 9250, 7 F.R. 7871) ing that he has not violated the maxi­ Dry or medium dry carry mum prices applicable to such seller Issued this 28th day of January 1943. under the General Maximum Price Reg­ Cents Cents H ar r y F. C am p, 60 50 Regional Administrator. ulation, he shall present the facts of 60 50 his case to the Northern California State 60 40 40 30 [F. R. Doc. 43-12725; Filed, August 5, 1943; Office of the Office of Price Administra­ 11:30 a. m.] tion. Such office will, after due consid­ eration of the matter, make such indi­ Sack size: 22 inches by 36 inches (minimum). Deposit vidual adjustment with such seller as of 7o may be required on the sack. the facts of his case may warrant, and A ppendix C— M ill Ends and Slab W ood, D rv [No. Calif. Order G-4 Under SR 15] or M edium Drt thereafter give specific permission to F ir e w o o d i n C a lif o r n ia A reas N ot s u c h seller to fix his maximum prices [Retail delivered prices] C overed b y O ther O rders for the sales of firewood in accordance 16 inches and under: P e r cord Order No. G-4 under § 1499.75 (a) (1) with the maximum prices prescribed in P in e______— $9- 00 o f. Supplementary Regulation No. 15 to this order. Redwood______7. 50 the General Maximum Price Regulation (c) Every dealer in firewood, whether Half cord price: Divide cord price by 2 and (formerly Price Order No. 4)—Firewood. at wholesale or retail shall post a copy add 20 cents. Quarter cord price: Divide The Director of the Northern Califor­ of ceiling prices established under this cord price by 4 and add 40 cents. nia State Office of the Office of Price order in his place of business where it A ppendix D—W holesale M aximum Prices Administration has determined upon his can be readily seen by his customers. own motion that in his judgment, the 10. Records and reports. Every seller maximum prices established under the of firewood subject to this order and Prices, wholesaler’s yard (per cord) General Maximum Price Regulation for every buyer in the course of trade or the sale and delivery of firewood in the business shall preserve for examination various areas of Northern California, as by representatives of the Office of Price to which specific orders have not here­ Administration copies of invoices cov­ Dry or medium dry tofore been issued, are inadequate to ering each sale of firewood, and pre­ insure a sufficient supply to meet the pared in accordance with the provisions heating requirements in such areas, and of this order. •2 are inadequate to move the existing 16 inches and under] and inches 16 16 inches 16 Assorted lengths, 11. Definitions, (a) “Firewood” means feet 2 stocks of wood in dealers’ hands to the any wood prepared and maintained for inches 12 1 1 consuming public. consumption as fuel. Oak (any kind)...... $13 $16 $16 $18 The State Director has ascertained 13 16 16 18 (b) “Cord” means any pile of firewood Eucalpytus (gum)...... 11 14 14 16 and given due consideration to the in­ containing 128 cubic feet of firewood. Orchard (any kind)...... 6 9 9 11 creased costs of production and distribu­ Mill ends and slab wood: (c) “Delivered” means delivered to $4.00 tion which sellers of firewood in these the curb of the customer. 3.25 various areas are now experiencing as 12. Other grades of firewood. The compared with the costs generally pre­ vailing in such areas in March, 1942. He maximum prices for all other grades, JF. R. Doc. 43-12724; Filed, August 5, 1943; 11:29 a. m.] hab given due consideration to the im­ kinds, and sizes of firewood shall be the portance of firewoed as a source of resi­ maximum price established under the dential heating in these various areas, General Maximum Price Regulation for and the necessity of using such firewood each particular seller. [No. Calif. Order G-3 Under SR 15, Amdt. 1] for heating purposes as a means of min­ 13. Revocation. This order may be imizing, the use of coal, ofi, and other revoked or amended at any time by the F ir ew o o d i n S anta C lara and S a n M ateo types of fuel. Northern California State Office of the C o u n t ie s , C a l if . • So far as practicable, the Director has Office of Price Administration. Amendment No. 1 to Order No. G-3 advised and consulted with representa­ 14. Effective date. This Northern (Formerly Price Order No. 3) of § 1499.75 tive members of the industry. He has California State Office Order No. G-3 (a) (1) of Supplementary Regulation 15 determined that the new maximum shall become effective December 15,1942. to the General Maximum Price Regula­ prices established by this order are, and tion—Firewood. . will generally be, fair and equitable, and Issued December 15, 1942. will effectuate the purposes of this order. Appendixes B and C of Northern Cali­ F rancis C arroll, Therefore, in order to accelerate the fornia State Office Order No. G-3 are State Director. movement of firewood now in the stocks amended as follows; A ppendix A—Cord W ood of dealers to the consuming public, and Appendix B—Sack Stovewood to eliminate inequalities in the existing [Retail delivered prices] RETAIL PRICES prices of firewood, under the authority ***** vested the State Director by Supplemen­ Cord Deposit of 10£ m ay be required on the tary Regulation 15 to the General Maxi­ Dry or medium dry sack. mum Price Regulation, this Northern 16 12 California Order No. G-4 is hereby 4 feet 2 feet inches inches Appendix C—Mill Ends and Slab W ood, Drt or Medium Drt issued. 1. Prohibition against dealing in fire­ $22 $22 $24 $18 RETAIL DELIVERED PRICES wood above maximum prices. On and 18 22 22 24 ***** 16 20 20 22 after December 19, 1942, regardless of 17 One-quarter cord: Divide cord price by 4 Orchard (any kind) ___ 12 15 15 any contract, agreement, or other obli­ and add 400. One-third cord: Divide cord price by 8 gation; [Fractional cord maximum prices] and add 300. (a) No person shall sell or deliver fire­ Half cord price: Divide cord price by 2 and One-half cord: Divide cord price by 2 and wood in any specific area covered by add 25 cents. Third cord price: Divide cord add 200. this order at prices higher than the max­ price by 3 and add 35 cents. Quarter cord Two-thirds cord: Multiply cord price by 2, imum prices established under this order price: Divide cord price by 4 and add 45 ' divide by 3, and add 150. for sales or deliveries in such area, and cents. Fifth cord price: Divide cord price ***** (b) No person shall buy or receive fire­ by 5 and add 55 cents. For splitting to stovewood size-—add $3.00 S ec. 14a. Effective date. Amendment wood in any specific area covered by this per cord to above cord prices. 1 to Northern California State Office Or* order at prices higher than the maxi- No. 156------6 11008 FEDERAL REGISTER, Saturday, August 7,1943

mum prices established under this order (ii) In all other cases said prices are 7. Maximum prices for sales of fire­ for sales or deliveries in such area. delivered prices. wood in District III. (a) The maximum 2. Evasion, (a) The price limitations (a) In the event the seller at retail price for each item of firewood shall be set forth in this Order No. G-4 shall not does not deliver, but sells f. o. b. his the price set out in Appendix C. be evaded, whether by direct or indirect yard, the retailer shall deduct from said (b) The provisions of paragraph 5 methods, in connection with an offer, maximum price, an amount equal to the above concerning the terms and condi­ solicitation, agreement, sale, delivery, differential between the delivered price tions of sale, etc., are referred to and in­ purchase, or receipt of, or relating to and the f. o. b. price which said retailer corporated herein and shall apply to all firewood in the areas covered by said had established in March, 1942, for f . o. b. sales of firewood in said District III. order alone or in conjunction with any sales as compared with delivered sales. 8. Maximum prices for sales of fire­ other commodity, or by way of commis­ (b) In the event any retailer had no wood in District IV. (a) The maximum sion, service, transportation, or other such established differential in March, price for each item of firewood shall be charge or discount, premium or other 1942, the amount of deduction shall be the price set out in Appendix D. privilege, or by tying agreement or other an amount equal to the cost to the cus­ (b> The provisions of paragraph 5 trade understanding, or otherwise. tomer of having the firewood delivered above concerning the terms and condi­ (b) Without limiting the generality by the most usual and reasonable tions of sale, etc., are referred to and of the foregoing, the price limitations set method. incorporated herein and shall apply to forth herein shall not be evaded by im­ (c) In no event, however, shall a seller all sales of firewood in said District IV, proper classification of any item of fire­ at retail refuse to sell to a purchaser on except that in the case of sales of mill wood, splitting of orders into small a delivered basis, if the customer desires waste other than at retail, the prices quantities in order to increase prices (ex­ to purchase the firewood on a delivered listed shall be prices delivered at the cept as specifically allowed in this order), basis. usual place of delivery to the retailer. discontinuing or increasing the cost of (d) In some instances sellers at retail 9. Maximum prices for sales of fire­ delivery, or by decreasing or discontinu­ made an extra charge for piling the fire­ wood in District V. (a) The maximum ing cash discounts. wood on the consumer’s premises. If price for each item of firewood shall be (c) The maximum prices herein set any dealer had a customary charge In the price set out in Appendix E, forth shall not be evaded by any prac­ March, 1942, for piling of the wood on (b) The provisions of paragraph 5 tice or practices of any seller in connec­ the consumer’s premises, in addition to above concerning the terms and condi­ tion with the cutting or splitting of fire­ his charge for wood delivered to the con­ tions of sale, etc., are referred to and in­ wood to a particular size demanded by sumer’s curb, such dealer may charge corporated herein and shall apply to all the customer. If larger pieces of fire­ the additional amount indicated in said sales of firewood in said District V. wood are cut to a special size demanded Appendix A as a “storage charge” for 10. Mixed sales. In the event that a rendering such service to the consumer, by the customer, the quantity of wood seller sells any lot of wood which con­ if the consumer requests such service. for which the customer is to be charged tains two or more classes of firewood (b) Sales other than at retail. The is to be measured after said cutting and which, under the terms of this order maximum prices set forth in Appendix A. not before. In such case, the customer have different maximum prices, the (i) Said prices are prices at the sell­ should be charged only on the basis of maximum price of the entire lot of wood er’s yard, or f. o. b. means of transporta­ the measured cord or fraction thereof shall be determined by ascertaining the tion at the customary place of delivery, after the cutting has been completed, and quantity of each class of wood in the the customer should be billed only for depending upon the practice of the par­ ticular seller in March, 1942. lot, and charging the proper maximum the measured cord or fraction thereof, price applicable to the amount of each after the said cutting, actually delivered (ii> If the seller, at the purchaser’s request, delivers the wood in his own class of wood in the lot. In such case, the to the customer. seller may not add to the price of each truck to the buyer’s place of business, 3. Less than maximum prices. Lower individual item of wood the additional prices than those set forth in this order the seller may make an additional charge for such delivery. Such charge shall not amount allowed where fractional cords No. G-4 may be charged, demanded, paid, of wood are ordered by and sold to con­ or offered. exceed the charge which such seller made in March, 1942, for delivery. If the seller sumers. Further, the seller must, in his 4. Areas covered bp this Order No. G-4. invoice, itemize the type, quantity, and For the purposes of fixing prices for a had an established differential in March, 1942, for wood sold on a delivered as price of each class in the shipment. Northern California area not already, 11. Adjustment of maximum prices covered by specific price orders setting compared with a non-delivered basis, such differential shall be the maximum for different classes of customers. If prices of firewood, the said Northern Cal­ the seller had an established practice ifornia area shall be divided into dis­ price which the seller may charge for such delivery. in March of 1942, of giving allowances, tricts. Each district shall be known by discounts, or other price differentials, to number and shall consist of the counties Oil) If the purchaser requests the listed below: seller to pile the wood in the purchas­ different classes of purchasers, he is er’s yard, such seller may make a charge required to continue this practice, and (a) District I: Del Norte, Siskiyou, Mo­ his maximum prices calculated for any doc, Lassen, Plumas, Shasta, Trinity, Si­ for such service. Such charge shall not exceed the charge which the seller would type of firewood must be reduced to re­ erra, Nevada, Placer, El Dorado, Amador, flect such allowances, discounts and Calaveras, Tuolumne, Mariposa, Alpine, have made for such service in March, and Mono. 1942. price differentials. No seller- shall change his customary allowances, dis­ (b) Butte, Tehama, Glenn, If, pursuant to the purchaser’s request, District I I : counts or other differentials unless such Colusa, Yuba, Yolo, Sacramento, and the seller renders either or both of the Sutter. above services, when billing the pur­ change results in a lower price. 12. Applicability of maximum prices. (c) District III: Mendocino and Lake. chaser, the seller shall separately state on his invoice: The prices established by this order ap­

14. Method of billing of sales of fire­ than sack wood, in the premises of the tion) charge may be added to above cord’ prices. wood. Every seller selling firewood in consumer. Such storage charge would the areas covered by this order shall be added to the price of the firewood II. M i l l W a s t e —R e t a il D e l iv e r e d P r ic e s incorporate a statement on his bill or when such additional service was re­ [Mill ends and slab wood] invoice to the effect that the prices quested by the purchaser. When not so requested, the firewood tyould be deliv­ Dry or medium d r y - charged for firewood covered by the bill 16 in. and under: Per cord or invoice are not in excess of the max­ ered to the consumer’s curb, under nor­ Pine...... — $6.00 imum prices allowed by State Order mal circumstances. Redwood______- — .— 4. 00 No. G-4. (e) “Sales other than at retail” means all sales except sales by retail dealers to Half cord price: Divide cord price by 2 and 15. Affidavit of compliance, (a) Be­ add 20 cents. Quarter cord price: Divide cord fore any seller of firewood may sell at ultimate consumers; Provided, however, price by 4 and add 40 cents. prices in excess of those established for That this does not refer to sales covered him under the General Maximum Price by section 9 (b) (1) of the General Max­ III. Sack Stovewood—R etail Prices per Sack Regulation, and avail himself of any imum Price Regulation, nor to sales by increases allowed him under this order, mills of mill waste, • Cash and Deliv­ Dry or medium dry such seller must file with the Northern (f ) “F. O. B. means of transpdrtation carry ered California State Office of the Office of the customary place of delivery has ref­ Price Administration a sworn state­ erence to sales other than at retail. $0.45 $0.55 .35 .45 ment stating that he is not, at the time Such sales may be f. o. b. the seller’s Mill Waste (Mill Ends and Slabs).. .30 .40 of the issuance of this order, and has yard, or f. o. b. the means by which the seller transports the wood to the pur­ not, since the General Maximum Price Sack size: 22 inches by 36 inches (minimum). Deposit Regulation controlled the prices which chaser, as for example, by truck or rail­ of 7 cents may be required on the sack. he may charge for firewood, sold at road car. The customary place of deliv­ prices in excess of the maximum prices ery may vary, depending upon the par­ IV. Cord W ood Sales—Other T han at R etail established by the General Maximum ticular seller’s practice, for example, Price Regulation for such seller. The such customary place of delivery may be Per cord effective date of the General Maximum the rail siding adjoining the purchaser’s Price Regulation with regard to sales yard, or the nearest rail depot to pur­ at wholesale was May 11, 1942; with chaser’s yard, or some other place, de­ regard to sales at retail, the effective pending upon the practice of the par­ Dry or medium dry date was May 18, 1942. ticular seller. (b) In the event that any seller can­ 19. Revocation. This order may be not submit the sworn statement showing revoked or amended at any time by the that he has not violated the maximum Northern California State Office of the prices applicable to such seller under Office of Price Administration. 20. This Northern Pine (fir)_____ .... $7.50 the General Maximum Price Regulation, Effective date. Juniper..______7.50 he shall present the facts of his case to California State Office Order No. G4 Cedar______7.50 shall- become effective December 19, Oak (any kind)___ 11.50 the Northern California State Office of Madrone...... 11.50 the Office of Price Administration. Such 1942. Eucalyptus (gum).. 9.50 Issued December 19, 1942. . Orchard (any kind)__ 7.50 office will, after due consideration of the Manzanita______$10 matter, make such individual adjust­ F rancis C arroll, ment with such seller as the facts of his State Director. case may warrant, and thereafter give FRACTIONAL CORD MAXIM UM PRICES DISTRICT NO. 1 specific permission to such seller to fix Half cord price: Divide cord price by 2 and his maximum prices for the sales of fire­ A ppendix A—M aximum P rices foe Firewood add 25 cents. wood in accordance with the maximum [Del Norte, Siskiyou, Modoc, Lassen, Plumas, Shasta, Third cord price: Divide cord price by 3 prices prescribed in this order. Trinity, Sierra, Nevada, Placer,» El Dorado, and add 35 cents. Amador, Calaveras, Tuolumne, Mariposa, Quarter cord price: Divide cord price by 4 (c) Every seller of firewood, whether Alpine, and Mono Counties] selling at retail, or other than at retail, and add 45 cents. I. Retail Delivered Prices Coed W ood Fifth cord price: Divide cord price by 5 and shall post a copy of the ceiling prices add 55 cents. governing the sale of firewood in th e. For splitting to stovewood size, add $2.50 Per cord area in which said seller is located, as per cord to above cord prices. established under this order, in his place of business where it can be readily seen DISTRICT NO. 2 by his customers. Appendix B—M aximum Prices for Firewood 16. Records and reports. Every seller Dry or medium dry © •s [Butte, Tehama, Glenn, ColUsa, Yuba, Yolo, Sacra­ of firewood subject to this order and ev­ a mento, and Sutter Counties] © ery buyer in the course of trade or busi­ © © ness shall preserve for examination by © under and feet 2 I. Retail Delivered P rices Cord W ood Assorted Assorted lengths, C4 inches 16 05

representatives of the Office of Price Ad­ inches 12 1 ministration copies of invoices covering Per cord Pine (Fir)______$11 $13 $13.50 $14 $14 each sale of firewood, and prepared in 11 13 13.50 14 14 accordance with the provisions of this 11 13 13.50 14 14 14 16.50 17 17 order. Oak (any kind)______16 Madrone______14 16 16.50 17 17 Dry or medium dry 17. Other grades of firewood. The Eucalyptus (gum)...... 12 14 14.50 15 15 £ 14 © maximum' prices for all other grades, Orchard (any kind). .. 11 13 13.50 14 .9 14 $16 o kinds, and sizes of firewood shall be the 9 1 . maximum price established under the © © N inches 16 0 5 f r a c t io n a l c ord m a x i m u m p r ic e s —

General Maximum Price Regulation for inches 12 1 DELIVERED each particular seller. Pine (fir)..______$12 $14 $14.50 $15 $15 18. Definitions, (a) “Firewood” means Half cord price: Divide cord price by 2 and Juniper...... 12 14 14.50 15 15 any wood prepared and maintained for add 25 cents. Oak (any kind).... 16 19 19.50 20 20 Third cord price: Divide cord price by 8 Madrohe...... 16 19 19.50 20 20 consumption as fuel. Eucalyptus (gum). 14 17 17.50 18 18 (b) “Cord” means any pile of firewood and add 35 cents. Orchard (any kind; 11 13 13.50 14 14 Quarter cord price: Divide cord price by 4 Manzanita______16 $18 containing 128 cubic feet of firewood. and add 45 cents. (c) “Delivered” means delivered to the Fifth fiord price: Divide cord price by 5 f r a c t io n a l c o r d m a x i m u m p r ic e s — DELIVERED curb of the customer. and add 55 cents. (d) “Storage charge” means the prac­ For splitting to stovewood size, add $2.50 Half cord price: Divide cord price by 2 and tice which existed as to some sellers at per cord to above cord prices. add 25 cents. retail of making an extra charge for the “Storage Charge”, as defined in the Order! Third cord price: Divide cord price by 3 and piling of cord wood and firewood, other a $2.00 per cord (fractional cord in propor* add 35 cents. 11010 JFEDERAL REGISTER, Saturday, August 7, 1943

Quarter cord price: Divide cord price by 4 fractional cord m a x im u m prices— delivered IV. Cord W ood Sales—Other T han at R etail and add 45 cents. [Per cord] Fifth cord price: Divide cord price by 5 and Half Cord Price: Divide cord price by 2 and add 55 cents. add 25 cents. For splitting to stovewood size, add $3 Third Cord Price: Divide cord price by 8 per cord to above cord prices. and add 35 cents. “Storage Charge”, as defined in the Order: Quarter Cord Price: Divide cord price by 4 4O 3 a $2 per cord (fractional cord in propor­ and add 45 cents. Dry or Medium Dry 3 0 tion) charge may be added to above cord Fifth Cord Price: Divide cord price by 5 4-3 43 Q prices. and add 55 cents. 9 44 £ under and feet For‘splitting to stovewood size: add $2.50 3 S II. Mil l W aste—R etail Delivered P rices per cord to above cord prices. « inches 16 03 1 inches 12 1 2 lengths, I Assorted [Mill ends and slab wood] “Storage charge”, as defined in the order: A $2.50 per cord (fractional cord in propor­ Pine (fir) _____ $6 $7 $7.50 $8 $8 Dry or m edium dry— 10 inches tion) charge may be added to above cord Oak (anv kind). __ 8 9 9.60 10 10 Madrone...... 8 9 9.50 10 10 and under: P e r cord prices. Eucalyptus (gum)___ 6 7 7.60 8 8 Pine______$6 Orchard (any kind)... 6 7 7.60 8 8 n . M m . W aste—R etail Delivered Prices Redwood______4 Manzanita______.... 5 $ 6 Ralf cord price: Divide cord price by 2 and [Mill ends and slab wood] add 20 cents. Quarter cord price: Divide cord Dry or medium dry—16 inches and P e r FRACTIONAL CORD M AXIMUM PRICES price by 4 and add 40 cents. under: cord Half Cord Price: Divide cord price by 2 and P in e ______$6 III. Sack Stovewood—R etail Prices per Sack add 25 cents. R edw ood______4 Third Cord Price: Divide cord price by 8 Half cord price: Divide cord priee by 2 and and add 35 cents. Dry or medium dry Cash and De­ Quarter Cord Price: Divide cord price by carry livered add 20 cents. Quarter cord price: Divide cord price by 4 and add 40 cents. 4 and add 45 cents. Fifth Cord Price: Divide cord price by 5 Oak, Madrone______A.____ _ $0.60 $0.60 HI. Sack Stovewood—R etail Prices Per Sack and add 56 cents. Eucalvptus ieuml, Manzanita . . .50 .60 For splitting to stovewood size, add $250 Pine (nr), Juniper, Orchard __ .40 .50 Mil! waste (mill ends and slabs) .30 .40 per cord to above cord prices. Dry or medium dry Cash and Deliv­ carry ered Sack size: 22 inches by 36 inches (minimum). Deposit of 7 cents may be required on the sack. Centi C tnti Pine (flr)._...... 40 ■ 50 IV. Cord W ood Sales—Otber T han A t Retail Oak fanv kind). . . 40 -50 Madrone; eucalyptus (gum) ___ _ 40 50 Manzanita;...... 40 50 Per cord Orchard (any kind)...... 40 50 Mill waste (mill ends, slab wood). . 30 40

Sack size: 22 inches by 36 inches (minimum). De­ posit of 7 cents may be required on the sack. Dry or medium dry <8 43 0 3 0 , DISTRICT NO. 4 L 1 £ under and feet 2 4 feet 4 e* inches 12 03 Assorted lengths, A ppendix D—M aximum Prices for Firewood ( 16 inches 16 (

Pine (fir)...... $6 $7 $7.50 $8 $8 (Alameda, Contra Costa, San Francisco, Marin, Sonoma, Napa, and Solano Counties] Juniper ...... ___ 6 7 7.50 8 8 Oak (any kind)..;____ 9 12 12.50 13 18 Madrone...... 9 12 12.50 13 13 I. Retail Delivered P rices—Cord W ood Eucalyptus (gum). .. 7 10 10.50 11 11 Orchard (any kind)__ 6 7 7.50 8 8 Manzanita______.... 10 $12 Per cord

fractional cord m a x im u m prices Dry or medium dry Assorted Half cord price: Divide cord price by 2 and lengths, 4 feet 2 feet 16 inches 12 inches 9)4-10 2 feet add 25 cents. inches and Third cord price: Divide cord price by 3 under and add 35 cents. Quarter cord price: Divide cord price by 4 Pine (fir)______;______^____ $18.00 $22.00 $22.60 $23.00 $23.00 and add 45 cents. Oak (any kind)...... 22.00 26.00 27.00 28.00 28.00 Fifth cord price: Divide cord price by 5 and Madrone______22.00 26.00 27.00 28.00 28.00 add 55 cents. Eucalyptus (gum)______.______20.00 24.00 26.00 26.00 26.00 Orchard (any kind)...... - 13.60 15.50 16.00 16.50 16.50 For splitting to stovewood size, add $3 per Manzanita______16.00 $18 cord to above cord prices.

DISTRICT NO. 3 fractional cord m ax im u m prices delivered A ppendix C—M aximum Prices for Firewood — Half cord price: Divide cord price by 2 and Half cord price: Divide cord price by 2 and add 20 cents. Quarter cord price: Divide [Mendocino and Lake Counties] add 25 cents. cord price by 4 and add 40 cents. I. Cordwood—R etail Delivered Prices Third cord price: Divide cord price by 3 and add 35 cents. in. Sack Stovewood—Retail Prices Per Sack Quarter cord price: Divide cord price by 4 Per cord and add 45 cents. Dry or medium dry Cash and Deliv­ Fifth cord price: Divide cord price by 5 carry ered and add 55 cents. For splitting to stovewood size, add $3.00 Pine (fir)______$0.50 $0.60 Dry or medium dry per cord to above cord prices. Orchard (any bind)____ _ .50 .60 "Storage Charge”, as defined in the Order: Manzanita..'...... 50 .60 .60 .70 a $2.00 per cord (fractional cord in propor­ Madrone...... 60 .70 9 O tion) charge may be added to above cord .60 .70 3 under and feet 2 prices. Mill Waste (mill ends and slab 16 inches 16 inches 12 Assorted Assorted lengths, N inchos 10 to 9)4 wood)...... 45 .55 n . Mil l W aste—R etail Delivered Prices Pine (fir)...... $11 $13 $13.50 $14 $14 Oak (any kind) 18 [Mill ends and slab wood] Sack Size: 22 inches by 36 inches (minimum). Deposit 15 16.50 16 16 of 7 cents may be required on the sack. Madrone...... 13 16 15.50 16 16 Dry or Medium Dry—16 inches P e r Eucalyptus (gum)___ 11 13 13.50 14 14 and under: cord Orchard (any kind)__ 11 13 13.50 14 14 t t

Manzanita...... • IS>4 P in e______$11 10 I ■€»' Redwood______9 FEDERAL REGISTER, Saturday, August 7, 1943 11011

TV. Cord W ood Sales—Other T han at R etail fice of Price Administration by ? 1340.260 of Revised Maximum Price Regulation Per cord No. 122 and the Emergency Price Control Act of 1942, as amended, It is hereby Dry or medium dry Assorted ordered: 4 feet 2 feet 16 inches 12 inches 9)4-10 lengths, (a) What this order does— (1) In inches 2 feet and under general. This order establishes dollar- and-cents maximum prices for sales to consumers in the Seattle Area of certain $12.00 $16.00 $16.50 $17.00 $17.00 21.00 22.00 22.00 kinds of bituminous coal. The maximum O ak (a n y - k in d )— - ...... — ...... 16.00 20.00 16.00 20.00 21.00 22.00 22. oa prices established herein supersede those 14.00 18.00 19.00 20.00 20.00 Eucalyptus (gum )...... - ...... 10.00 10.50 10.50 previously established under Revised Orchard (any kind)...... -...... 7.50 9.50 10.00 $12 Maximum Price Regulation No. 122 and are the only maximum prices applicable FRACTIONAL CORD PRICES “Storage Charge”, as defined in the Order: to the sales covered by this order. The a $2 per cord (fractional cord in proportion) maximum prices established by this or­ Half cord price: Divide cord price by 2 charge may be added to above cord prices. der may not be increased to reflect in­ and add 25 cents. Third cord price: Divide cord price by 3 III. Sack Stovewood—R etail Prices per Sack creased mine prices, transportation, or -and add 35 cents. other costs. Quarter cord price: Divide cord price by 4 Cash and Deliv­ (2) Kinds of coal covered. Maximum and add 45 cents. Dry or medium dry carry ered prices for sales to domestic consumers Fifth cord price: Divide cord price by 5 in the Seattle Area of bituminous coals and add 55 cents. $0.50 $0.60 produced in Bituminous Coal Division For splitting to stovewood size, add $3.00 .50 .60 Districts 19, 20, 22, and 23 shall be those per cord to above cord prices. .50 .60 .45 .55 prescribed in paragraphs (b) and (c ). V. mtt.t. W aste—Sales Other Th a n at Retail .45’ .65 (3) Kinds of sales covered. This order .45 .55 applies only to sales of coal to domestic [Mill Ends and Slab Wood] Mill waste (mill ends and slab wood). .30 .40 consumers. As used herein the term Dry or m edium dry— 16 inches and P e r “ domestic consumer” means a purchaser under: cord Sack size: 22 inches by 36 inches (minimum). Deposit of 7 cents may be required on the sack. who uses the coal purchased to heat a Pine______dwelling housing not more than four Redwood______3. 50 IV . Cord W ood Sales—Other T han at R etail family units. A sale to a public housing DISTRICT NO. 5 authority shall be deemed a sale to a Appendix E—M aximum Prices for Firewood Per cord domestic consumer, whenever by its [San Joaquin, Stanislaus, Merced, Madera, terms such sale calls for a delivery of the Fresno, Kings, and Tulare Counties] coal directly to individual tenants of such authority. I. Mttt- W aste—Retail D elivered Prices Dry or medium dry - (4) Area covered. This order applies [Mill Ends and Slab Wood] to sales of bituminous coals in the Seattle Area, which comprises the area within Dry or m edium dry— 16 inches and P e r © jjj under and feet 2 under: cord the corporate city limits of Seattle, Assorted Assorted lengths, cs inches 16 Washington, the area bounded by the

. pine______- ______- ______$6. 00 inches j 12 inches j 9)4-10 Redwood______4.00 northern corporate limits of the City of Pine (fir), cedar..____ $8 $10 $10.50 $11 $11 Seattle, Puget Sound, North 145th Half cord price: Divide cord price by 2 Oak (any kind)...... 12 16 16.50 17 17 and add 20 cents. Quarter cord price: Di­ Madrone. •______— 12 16 16.50 17 17 Street, and Lake Washington, and the 15 15 vide cord price by 4 and add 40 cents. Eucalyptus...^...... 10. 14 14.50 area bounded by the southern corporate Orchard (any kind)... 6 8 8.50 9 9 Willow______;____ 5 6 6.50 7 7 limits of the City of Seattle, Puget II. Retail Delivered P rices—Cord W ood 10 $12 Sound, South 160th Street, State High­ way 1-L, and State Highway 5. A sale Pér cord FRACTIONAL CORD • MAXIMUM PRICES is deemed to be made within the Seattle Area when, and only when, the coal is Half cord price: Divide cord price by 2 and delivered within such Area, regardless add 25 cents. of the seller’s place of business. Dry or medium dry Third cord price: Divide cord price by 3 and © add 35 cents. (5) Applicability of Revised Maximum © Quarter cord price: Divide cord price by 4 (i) Except as .9 Price Regulation No. 122. o and add 45 cents. otherwise provided Herein the provisions . 1 Fifth cord price: Divide cord price by 5 & under and 1 feet 2 of Revised Maximum Price Regulation Assorted Assorted ! lengths, 12 inches 12 16 inches 16 2 feet 2 4 feet 4 a> and add 55 cents. No. 122 apply to all transactions which For splitting to stovewood size, add $3.00 are the subject of this order. Any viola­ Pine (fir)___...... $14 $16 $16.50 $17 $17 per cord ta above cord prices. tion of the order shall constitute a viola­ Cedar______14 16 16.50 17 17 Oak (any kind)______18 22 22.50 23 23 [F. R. Doc. 43-12726; Filed, August 5, 1943; tion of Revised Maximum Price Regula­ Madrone...... 18 22 22.50 23 23 11:32 a. m.j tion No. 122, and shall subject the person Eucalyptus (gum)...... 16 20 20.50 21 21 Orchard (any kind)__ 12 -14 14.50 15 15 violating to the penalties and liabilities Willow 11 13 13.50 14 14 prescribed in § 1340.264 thereof. 16- $18 [Region v m Order 0-2 Under Rev. MPR 122]

Delivered f. o. b. Delivered f. o. b. Delivered to buyer’s premises REGISTER, FEDERAL yard yard Delivered to buyer’s premises Size groups Size groups 100 pound Loose, 100 pound ]4 ton 1 ton 2 ton 3 ton 5 ton 100 pound Loose, 100 pound bag per ton bag bag per ton bag A ton 1 ton 2 ton 3 ton 5 ton

1 Lump 8"...... 1 1 Lump 8"...... 2' Lump 7"______...... 2 } $0.75 $12. 40 $0.80 $7.45 $13. 40 $13.15 $12.90 3 Lump 5"...... > $0.80 $13.65 $0.85 $8.05 $14.65 $14. 40 $14.15 5 Ì 4 Lump 3"--_...... 6 } .75 12.10 .80 7.30 13.10 12.85 12.60 5 Stove 8 x 3"...... 7 Grate nut 8 x 1 % "______1 * , 7 Grate nut 8 x 1%"...... } .75 12.45 .80 7.45 13.45 13.20 12.95 Egg 5 x 3"...... 1 .70 11. 60 .75 7.05 12.60 12.35 12.10 8 Nut 3 x 1 % "______1 Nut 3 x 1 % "...... 75 12.00 .80 7.25 13.00 12.75 12.50 9 Pea 1% x 1"______9 Pea 1% x 1"______.70 11.05 .75 6,75 12.05 11.80 11.55 10 Pea No. 2,1% x */£"...... } .65 10.60 .70 6.55 11.60 11.35 11.10 $10. 85 10 Pea #2, lJ-gxM"-...... ( ¿65 10.80 .70 6.65 11.80 11. 55 11.30 $11. 05 14 Slack 2*A x 0"______.65 10. 40 . 70 6 45 11 40 11 Stoker pea 1 x 51a"...... 15 Slack 1% x 0"...... 65 10.25 15 Slack 1% x 0"______6.35 11.25 11.00 1(175 10.50 16 Slack 1 x 0"...... } .65 10.25 .70 6.35 11.25 11.00 10.75 10.50 m TABLE VI—DISTRICT 20, UTAH, SUBDISTRICT NO. -1, “ CASTLEGATE” TABLE II—DISTRICT 19, WYOMING, SUBDISTRICT NO. 2, “ROCKSPRINGS” 1 Lump 11 x 8"______2 } $0.80 $13. 55 $0.85 $8.00 $14. 55 $14. 30 $14. 05 1 Lump 8"...... 3 1 2 } $0.80 $13. 45 $0.85 $7.95 $14; 45 $14.20 $13.95: ___ Lump 7"______4 Lump 1 % "______> .80 13. 35 .85 7.90 14. 35 14.10 13,85 3 Lump 5"______1 5 4 Lump 3"______I .80 13.20 .85 7.85 14.20 13.95 13. 70 6 Egg 8 x? l% "— ...... 80 12.90 .85 7.70 13.90 13. 65 13.40 5 Stove 8x 3"...... 7 Nut 3 x 1% ___’...... 75 12.10 .80 • 7.30 13.10 12.85 7 Grate nut 8 x 1%” ...... 12.60 } .75 12.30 .80 7.40 13.30 13.05 12.80 8 Pea 1% x 1 "...... Ì 9 Stoker 1 x H»"...... , ____ _ ) -70 11.10 .75 6.80 12.10 11.85 11.60 $11.35 8 Nut 3 x 1 % "__ ...... 75 11.80 .80 7.20 12.90 12.65 12. 40 10 Slack 1% x 0"J...... 9 Pea 1% x 1"...... 11 Slack 1 x 0"______} .65 10.65 .70 6.55 11.65 11.40 11.15 10.90 10 Pea No. 2, 1% x *A” ...... 11.00 .75 6.75 12.00 11.75 11.50 $11.25 11 Stoker pea 1 x 54 a"...... } -70 15 Slack 1% x 0"...... /» »-A TABLE VII—DISTRICT 22, MONTANA, SUBDISTRICT NO. 1, “ROUNDUP” 16 Slack 1 x 0 " ______

1 Lump 6" and up......

1 August Saturday, TABLE III—DISTRICT 19, WYOMING, SUBDISTRICT NO. 3, “HANNA RAWLINS" 2 Lump 2"____■______[• $0.80 $13.30 $0.85 $7.90 $14. 30 $14.05 $13.80 3 Furnace 9 x 6":______...____ 5 Stove 6 x 2 "..i______.80 13.15 .85 7.80 14.15 13.90 13.65 1 Lump 8"______] .7 Nut 2x ...... 70 11.75 .75 7.10 12.75 12.50 2 Lump 7"_____...... ______12.25 i $0.80 $13. 15 $0.85 $7.80 $14. 15 $13. 90 $13.65 9 Stocker pea 1*4 x ...... , ...... „ .65 10.70 .70 6.60 11. 70 11.45 11.20 $10.95 3 10 Slack 1*4 x 0 ".______.60, 9.60 4 J .70 6.05 10.60 10.35 10.1Ó 9.85 5 .75 12.90 .80 7.70 13.90 13.65 13.40 7 Grate nut 8 x l f 4 " . ______I___ TABLE VIII—DISTRICT 22, MONTANA, SUBDISTRIQT No. 2, “RED LODGE” Egg 5 x3 "...... } .75 12. 50 . 80 7. 50 13. 50 13. 25 13.00 8 Nut...... 75 12. 30 .80 7.40 13.30 13.05 12.80 9 Pea 1% x 1"...... 65 11. 00 . 70 6.75 12.00 11.75 11. 50 1 Lump 6" and up...... 10 .65 10. 75 .70 6.60 11.75 11.50 11. 25 2 Lump 2 " . . —.1...... i $0.80 $13.70 $0.85 $8.10 $14. 70 $14.45 $14. 20 15 Slack 1^6x 0,r. . l ~ ...... 1 > . 65 10. 55 .70 6. 50 11. 55 11.30 11. 05 3 Furnace 9 x 6"______) Slack 1 x0 "______5 Stove 6 x 2 "...__....______• .80 13.30 .85 7.90 14.30 14.05 13.80 ! 7, 7 Nut 2 x 1}4"— ...... } .70 11.60 .75 7.05 12.60 12.35 12.10

TABLE IV-rDISTRICT 19, WYOMING, SUBDISTRICT NO. 5, “ GEBO-KIRBY” 9 Stoker pea ly i x 1 4 "--...... 65 10.35 .70 6.40 11.35 11.10 10.85 $10.60 1943 10 Slack 1*4 x 0 ".s...... i___ .60 9.75 .65 6.10 10.75 10.50 10.25 10.00 1 Lump 8"______i ...... 2 Lump 7"______TABLE IX—DISTRICT 23, WASHINGTON, SUBDISTRICT A, “ROSYLN” 3 Lump h" .. . . . ______1...... __ 4. Lump 3"______$0.85 $14. 50 $0.90 $8.30 $15. 50 $15.25 $ 15.00 5 Stove 8 x 3"___ ...... ¿?. ___ 2 Lump 3 W'...... 6 Stove 7 x 3 "..,...... 3 } $0.70 $11.15 $0.75 $6.80 $12.15 $lf. 90 $11.65 7 Grate nut 8 x 1 %"______.80 13.85 .85 8.15 14.85 14.60 •14. 35 8 Egg m x I h "- ______.70 10.95 .75 6.70 11 95 10 Egg nut 3 x 1 H "...... 65 10,70 .70 6. 60 11. 70 11 45 8 i .80 13.10 .85 7.80 14.10 13.85 13.60 12 Nut 2 x 1)4".-...... 65 10.10 . 70 6w30 11.1{) 10 85 9 .70 11. 55 .75 7.00 12. 55 12.30 12.05 13 Nut #2, 2x H"...... 60 9.80 .65 6.15 10 80 if) 55 10 .65 11.00 .70 6.77 12.00 11. 75 11.50 16 Nut pea 166’" ______. 60 9.05 .65 5.75 10.05 9.55 15 Slack 1 % x’o " ...... 9.80 $9.30 .65 10.25 .70 6,35 11.25 11.00 10.75 21 Slack 2 x O’ ..;______.60 6.65 .65 5.65 9.85 9.60 9.35 9.10 16 Slack 1 x 0"...... „ ...... 23 Slack 1 x 0"______.60 8.60 .65 5.55 9.60 9.35 9.10 • 8.85 19 Minerun 6 x 0 " _____ 1 p .65 9.95 .70 6,20 10.95 10.70 10.45 Minerun 4 x 0 ".....*...... — **’*’ * FEDERAL REGISTER, Saturday, August 7, 1943 11013

TABLE X—DISTRICT 23, WASHINGTON, SUBDISTRICT B, PIERCE COUNTY (c) Container deposit charges. When coal is delivered in bags owned by the dealer he may require the payment of a Delivered f. o. b. Delivered to buyer’s premises yard deposit charge in addition to the maxi­ Size groups mum price established herein, provided 100 pound that such charge may not be unreason­ 100 pound Loose, % ton 1 ton 2 ton 3 ton 5 ton bag per ton bag ably in excess of the cost of the bags delivered and that a full refund of such charge be made upon return of the bags 2 Lump 3H” — ------$0.75 $7.15 $12.80 $12.55 $12. 30 3 L\unp 2 - - - - - ...... 1 $0.70 $11.80 in substantially the same condition as 7 E g g 3 ^ x 2 $ .-...... 55 10.80 .70 •6.65 11.80 11.55 11.30 when received by the buyer. 13 Nut #2, 2xH'...... 10.95 10.70 10.45 *$16"20* 21 Slack 2x0 "...... —: ...... ,...... 60 9.05 .65 6.20 (d ) * Taxes. A dealer subject to this 9.80 .65 6.15 10.80 10.55 10.30 10.05 22 Slack 110 "...... 60 order may collect in addition to the maximum prices established herein, TABLE XI—DISTRICT 23, WASHINGTON, SUBDISTRICT D, “BELLINGHAM” provided he states them separately: (1) The amount of the Federal tax $6.65 $11.65 $11.40 $11.15 1 Lump 4"...... $0.65 $10.65 $0.70 upon the transportation of property im­ 3 Lump 2"...... I .65 10.80 .70 6.40 11.30 11.05 10.80 posed by section 620 of the Revenue Act 6 Stove 4x2”------6.25 11.00 10.75 10.50 7 Egg3^x2^" .ès 10.00 .70 of 1942 actually paid or incurred by him, .60 9.75 .65 6.10 10.75 10.50 10.25 9 Egg nutSH x IJi 10.45 10.20 9.95 or an amount equal to the amount of 12 Nut 2x lw '- ..—-. .60 9.45 .65 5.95 .65 8.80 .60 5.65 9.80 9.55 9.30 such tax paid by any of his prior sup­ 14 Chestnut 1H x 1". 5.50 9; 50 9.25 9.00 $8.76 16 Pea 1 x W ...... 55 8.50 .60 pliers and separately stated and collected from the dealer by the supplier from TABLE XII—DISTRICT 23, WASHINGTON, SUBDISTRICT E, “McKAY-BLACK DIAMOND” whom he purchased; and (2) The amount of the Washington $0.75 $12.20 $0.80 $7.35 $1-3.20 $12.95 $12.70 State Sales Tax payable by such dealer. .70 12.00 .75 7.25 13.00 12.75 (e) Less than maximum prices may be charged, paid, or offered, but this 12.35 12.10 1 .70 11.60 .75 7.05 12.60 order shall not authorize or excuse any

J sale in violation of any order of the 17 ] Bituminous Coal Division setting mini­ pfrTb-ôr°1 y 3/32"______.70 6.45 11.40 11.15 10.90 $10.66 18 10.40 mum prices. J . (f) Records and reports. The pro­ visions of § 1340.262 of Revised Maximum TABLE XIH—DISTRICT 23, WASHINGTON, SUBDISTRIOT F, “NEWCASTLE” Price Regulation 122 shall remain in full effect with respect to all dealers in the $6.75 $12.00 $11.75 $11.50 2 Lump 3H "------— $0.70 $11.0Ò $0.76 Seattle area, except that the dollars- 1 .65 10.50 .70 6.50 11.50 11.25 11.00 9 Egg nut 3H x U i"...... and-cents maximum prices established 10 Egg nut 3 x \M"...... J .65 10.15 .70 6.30 11.16 10.90 10.65 by this order need not be reported pur­ 12 N u t2 r lJ i" ...... -...... 10.25 14 Chestnut 1)i x 1"...... 60 9.50 .65 6.00 10.50 suant to paragraph (c) of said section. « 60 9.10 .65 5.80 10.10 9.85 9.60 $9.35 16 Pea 1 x %"------— 9.85 9.60 9.35 9.10 22 Slack lfi x 0"...... -...... 55 8.85 .60 5.65 (g) Posting of maximum prices, sales slips, and receipts. (1) Every dealer TABLE XIV—DISTRICT 23, WASHINGTON, SUBDISTRICT G, “CUMBERLAND” subject to this order shall post at his place of business in a manner plainly visible to and understandable by the 2 Lump...... } $0.70 $11.25 $0.75 $7.55 $12.25 $12.00 $11. 75 3 Lump..... purchasing public, all of the maximum 4 Lump___ 5 Lump..... l .65 10.85 .70 7.40 11.85 11.60 11.35 prices established herein which are ap­ 8 Egg...... plicable to his sales, and shall keep a copy 9 Egg nut... J 10 Nut_____ ) .65 10.15 .70 7.05 11.15 10.00 10.65 of this order available for examination 11 Nut...... J .60 9.90 .65 6.95 10.90 10.65 10.40 by any person during ordinary business 12 Nut No. 2. 10.65 10.40 14 Pea...... 60 9.90 .65 6.95 10.90 hours. .60 9.90 .65 6.95 10.90 10.65 10.40 19 Mine rim.. (2) Every dealer making sales subject to this order shall give to each purchaser (b) (2) The term “ delivered f. o. b. (i) The maximum packing charge shall be $1.00 per ton for the first 170 an invoice or sales slip showing the name yard” means delivered at the dealer’s and address of the dealer; the name and place of business, loaded on the pur­ feet or less which the coal is carried on address of the purchaser; the kind, type, chaser’s vehicle or other conveyance. the level, plus 35 cents per ton for each (3) The term “ delivered to buyer’s additional 75 feet or fraction thereof on and quantity of bituminous coal sold; premises” means delivered into the buy­ the level. Each step up or down shall the price thereof; and such special or er’s bin or other storage facility, where count as 10 feet on the level. Each foot additional charges, if any, which are such delivery can be made directly from of rise or fall of incline shall count as required to be separately stated by other the dealer’s truck by the use of shov­ twenty feet on the level. provisions of this order. els and/or chutes. (ii) Packing charges must be sepa­ (h) Petitions for amendment. Any (4) The maximum prices listed in the rately stated on sales slips or invoices. person seeking an amendment of any columns headed “ 2 ton”, “ 3 ton”, and (6) Addition for dust treatment. When any of the coals listed in ’tables provisions of this order may file a peti­ “5 ton” are the maximum prices per net tion for amendment in accordance with ton for deliveries in the quantities in­ I to XIV of subparagraph (1) has been the provisions of Revised Procedural dicated. treated to minimize dust, its maximum (5) Packing charges. Where delivery price may be increased by an amount Regulation No. 1, except that the petition into the buyer’s basement bin or other not in excess of the producer’s charge shall be filed with the San Francisco storage facility can be effected only by for such treatments Provided, That such Regional Office of the Office of Price carrying the coal from the dealer’s truck amount may not exceed ten cents per Administration, and shall be acted upon in tins, baskets, or other containers, the ton for nut and larger sizes, fifteen by the Regional Administrator. maximum price “delivered to buyer’s cents per ton for pea size, and thirty- (i) T his order may be revoked, premises” may be increased by a pack­ five cents per ton for stoker and slack amended, or corrected at any time. ing charge not in excess of the appro­ sizes: And provided further, That the This order becomes effective August 9, priate maximum charge provided in sub­ coal is described as treated on the sales 1943. division (i) below. slip or invoice. 11014 FEDERAL REGISTER, Saturday, August 7, Ï943

(Pub. Laws 421 and 729, 77th Cong.; sylvania, on the 5th day of August, A. D. stock of the respective companies, such E.O. 9250, 7 F.R. 7871; E.O. 9328, 8 F.R. 1943. stocks being the only securities out­ 4681) Scranton-Spring Brook Water Service standing; and Issued this 4th day of August 1943. Company, a subsidiary of Federal Water Said application and declaration hav­ and Gas Corporation, a registered hold­ ing been filed on July 1, 1943 and notice F r a n k E. M arsh, ing company, having filed an applica­ Regional Administrator. of said filing having been duly given in tion and a declaration pursuant to the the form and manner prescribed by Rule [F. R. Doc. 43-12716; Filtd, August 5, 1943; Public Utility Holding Company Act of U-23 promulgated pursuant to said Act 11:35 a. m.j 1935 and the General Rules and Regu­ and the Commission not having received lations promulgated thereunder, regard­ a request for a hearing with respect to ing the proposed purchase in the open said application and declaration within market from time to time but prior to the period prescribed in said notice, or SECURITIES AND EXCHANGE COM­ December 31, 1943, of all or any part otherwise, and not having ordered a MISSION. of a maximum of $500,000 principal hearing thereon; and amount of its First Mortgage and Re­ The Commission finding that the re­ [File No. 7-7101 funding 5% Gold Bonds, Series A, due quirements of Sections 10 and 12 of the August 1, 1967, and Series B, due August P uget S o u n d P o w e r and L ig h t C o m p a n y Act and the Rules promulgated there­ 1» 1961, for cash at prices not in excess under are satisfied and that no adverse ORDER SETTING HEARING ON APPLICATION TO of the call price in effect at the date of findings are necessary thereunder and EXTEND UNLISTED TRADING PRIVILEGES purchase; and deeming it appropriate in the public in­ In the matter of application by the Said application and declaration hav­ terest and in the interest of investors and New York Curb Exchange to extend un­ ing been filed on June 26, 1943 and no­ consumers to grant said application and listed trading privileges to: Puget Sound tice of said filing having been duly given to permit said declaration to become ef­ Power & Light Company Common Stock, in the form and manner prescribed by fective; $10 Par Value. Rule U-23 promulgated pursuant to said It is hereby ordered, Pursuant to Rule At a regular session of the Securities Act and the1 Commission not having re­ U-23 and the applicable provisions of and Exchange Commission, held at its ceived a request for a hearing with re­ said Act and subject to the terms and office in the City of Philadelphia, Pa., on spect to said application and declaration conditions prescribed in Rule U-24 that the 4th day of August, A. D. 1943. within the period prescribed in said no­ the aforesaid application be and hereby tice, or otherwise, and not having ordered is granted forthwith and that the afore­ The New York Curb Exchange, pursu­ a hearing thereon; and ant to section 12 (f) of the Securities said declaration be and hereby is per­ Exchange Act of 1934, and Rule X-12F-1 The Commission finding that the stat­ mitted to become effective forthwith. promulgated thereunder, having made utory requirements under sections 10 and By the Commission. 12 of said Act are satisfied and that no application to the Commission to extend [ seal] O rval D u B ois, adverse findings are necessary thereun­ unlisted trading privileges to the above- t Secretary. mentioned security; and der and deeming it appropriate in the public interest and in the interest of in­ [F. R. Doc. 43-12770; Filed, August 6, 1943; The Commission deeming it necessary vestors and consumers to grant said ap­ 10:06 a. m.] for the protection of investors that a plication and to permit said declaration hearing be held in this matter at which to become effective; all interested persons be given an op­ [File No. 70-449] I t is hereby ordered, Pursuant to Rule portunity to be heard; U-23 and the applicable provisions of It is ordered, That the matter be set W est T exas U t il it ie s C o m p a n y said Act and subject to the terms and down for hearing at 11: 00 a. m. on Tues­ conditions prescribed in Rule U-24 that n o t ic e of f il in g and order for hearing day, August 17, 1943, at the office of the the aforesaid application be and hereby Securities and Exchange Commission, At a regular session of the Securities is granted forthwith and that the afore­ and Exchange Commission held at its 18th and Locust Streets, Philadelphia, said declaration be and hereby is per­ Pennsylvania, and continue thereafter at office in the City of Philadelphia, Penn­ mitted to become effective forthwith. sylvania, on the 4th day of August 1943. such times and places as the Commission By the Commission. or its officer herein designated shall de­ Notice is hereby given that an appli­ termine, and that general notice thereof [ se al] O rval L. D u B o is, cation or declaration has been filed with be given; and Secretary. this Commission pursuant to the Public It is further ordered, That William W. Utility Holding Company Act of 1935 [F. R. Doc. 43-12769; Filed, August 6, 1943; (“Act” ) by West Texas Utilities Com­ Swift, or any other officer or officers of 10:06 a. m.j the Commission named by it for that pur­ pany (“West Texas” ),—a subsidiary of pose, shall preside at the hearing on such American Public Service Company, a reg­ matter. The officer so designated to pre­ [File No. 70-758] istered holding company, and an indirect side at such hearing is hereby empowered subsidiary of Central and South West S c r a n t o n -S pr in g B rook W ater S ervice Utilities Company and The Middle West to administer oaths and affirmations, Co. Corporation, both registered holding subpoena witnesses, compel their attend­ companies. - ance, take evidence, require the produc- ORDER APPROVING APPLICATION AND PERMIT­ tion of any books, papers, correspond­ TING DECLARATION TO BECOME EFFECTIVE All interested persons are referred to ence, memoranda or other records said document which is on file in the At a regular session of the Securities office of the Commission, for a state­ deemed relevant or material to the in­ and Exchange Commission, held at its quiry, and to perform all other duties in ment of the transactions therein pro­ office in the City of Philadelphia, Penn­ posed, which are summarized as follows: connection therewith authorized by law. sylvania, on the 5th day of August, A. D. By the Commission. West Texas proposes to issue and sell 1943. $18,000,000 principal amount of First [ se al] O rval L. D uB o is , Scranton-Spring Brook Water Service Mortgage Bonds, due August 1,1973 and Secretary. Company, a subsidiary of Federal Water with the proceeds of the sale, together [F. R. Doc. 43-12771; Filed, August 6, 1943; and Gas Corporation, a registered hold­ with treasury funds of the company to 10:06 a. m.] ing company, having filed an applica­ the extent required, redeem and retire tion and declaration pursuant to the the company’s $18,000,000 principal Public Utility Holding Company Act of [File No. 70-750] amount of outstanding First Mortgage 1935 and the General Rules and Regula­ Bonds, Series A, 3%%, due May 1, 1969. S cr a n to n -S p r in g B rook -W ater S ervice tions promulgated thereunder, regarding The bonds are to be sold by competitive C o m p a n y the merger with itself of sixty-two of bidding pursuant to the provisions of ORDER APPROVING APPLICATION AND PERMIT­ its wholly-owned inactive subsidiaries Rule U-50. The company has requested TING DECLARATION TO BECOME EFFECTIVE which serve no purpose other than to that the ten day period specified in such hold charters and franchises; the merger rule be shortened to six days. The in­ At a regular session of the Securities to be effected through the acquisition terest rate, price to Be received and the and Exchange Commission, held at its by Scranton of the assets of such sub­ purchasers ot the proposed bonds are office in the City of Philadelphia, Penn­ sidiaries in exchange for the common to be supplied by amendment. FEDERAL REGISTER, Saturday, August 7, 1943 U015

WAR PRODUCTION BOARD. It appearing to the Commission that it 6. Whether all State laws applicable to the proposed transactions have been is appropriate in the public interest and N otice to B u ild er s and S u p pl ie r s of I s ­ in the interest of investors and consum­ complied with. 7. Whether the transactions as pro­ s u an c e of R evo catio n O rders R e v o k in g ers that a hearing be held with re­ and S t o p pin g C onstruction o f C er tain spect to said matters and that said ap­ posed will comply with the provisions of P rojects plication or declaration shall not be Rule U-50 with respect to competitive bidding and whether the ten day period granted or permitted to become effective The War Production Board has issued except pursuant to further order of this specified in such rule should in this in­ certain revocation orders listed in Sched­ Commission; and stancy be shortened to six days. ule A below, revoking preference rating It is ordered, That a hearing on such 8. Whether it is necessary or appropri­ orders issued in connection with, and matters under the applicable provisions ate to impose any terms and conditions stopping the construction of the projects of said Act and rules of the Commission with respect to the proposed transac­ affected. For the effect of each such thereunder be held on August 16, 1943, tions in the public interest, for the pro­ order upon preference ratings, construc­ at 10: 00 a. m., e. w. t., at the offices of tection of investors and consumers, or in tion of the project and delivery of ma­ the Securities and Exchange Commission, order to assure compliance with the terials therefor, the builder and suppliers 18th and Locust Streets, Philadelphia, standards of the Act. Pennsylvania. On such day the hearing affected shall refer to the specific order room clerk in Room 318 will advise as to By the Commission. issued to the builder. the room where such hearing will be [ se al] O r val L. DuBois, Issued: August 6, 1943. held. At such hearing cause shall be Secretary. W ar P r o d uctio n B oard, shown why such declarations and appli­ [F. R. Doc. 43-12772; Filed, August 6, 1943; B y J. J o seph W h e l a n , cations shall become effective or shall be 10:06 a.^m] * Recording Secretary. granted. Notice is ftereby given of said hearing to the above-named declarant Schedule A and applicant and to all interested par­ ties, said notice to be given to said de­ Preference Issu­ rating Serial No. Name and address of builder Location of project ance clarant and applicant by registered mail order date and to all other persons by publication in the F ederal R egister. The American Oil Go., 122 East 42d St., 7/30/43 It is further ordered, That any per­ New York, N. Y. son desiring to be heard or otherwise The American Oil Co., 122 East 42d St., 7/30/43 wishing to participate herein shall notify New York, N. Y. the Commission to that effect in the manner provided in Rule X V II of the [F. R. Doc. 43-12786; Filed, August 6, 1943; 11:19 a. m .] Commission’s Rules of Practice on or before August 13, 1943. It is further ordered, That Robert P. of the projects affected. For the effect Reeder, or any officer or officers of the N otices to B uild e r s and S u p p l ie s o f I s ­ su a n c e of R evo catio n O rders P ar­ of each such order upon preference rat­ Commission designated by it for that ings, construction of the project, and de­ t ia l l y R e v o k in g and S t o p pin g C o n ­ purpose, shall preside at the hearings in livery of materials therefor, the builder str u ct io n o f C ertain P rojects such matter. The officer so designated to and suppliers affected shall refer to the preside at any such hearing is hereby Specific Order issued to the builder. authorized to exercise all powers granted The War Production Board has issued to the Commission under section IS' (c) certain revocation orders listed in Sched­ Issued: August 6, 1943. of the Act and to a Trial Examiner under ule A below, partially revoking prefer­ W ar P r o d uctio n B oard, the Commission’s Rules of Practice. ence rating orders issued in connection By J. J o seph W h e l a n , It is further ordered, That without with, and partially stopping construction Recording Secretary. limiting the scope of issues presented by said applications and declarations other r Schedule A wise to be considered in this proceeding, particular attention will be directed at Preference Issu­ rating Serial Name and address of builder Location of project ance the hearing to the following matters and order No. date questions: 7/22/43 1. Whether the bonds proposed to be P-19-e...... 510-E Kentucky Department of Hwys., Frank- Carrollton, Ky______fort, Ky. issued are reasonably adapted to the 7/31/43 P-19-e...... 556-E Wisconsin State Hwy. Comm., Madison, Sauk, Richland, and Iowa Counties, security structure and earning power of Wis. Wis. the declarant. 2. Whether the fees and commissions, [F. R. Doc. 43-12785; Filed, August 6, 1943; 11:19 a. m.] or other remuneration to whomsoever paid, directly or indirectly, in connection with the issue, sale, or distribution of L o u is ia n a D epar tm en t of H ig h w a y s the performance of any further con­ struction or installation on the project, the security are reasonable. revocation o f preference rating 3. Whether the terms and conditions except further permitted construction of the issue or sale of the security are Name of builder: Louisiana Depart­ being construction necessary to com­ detrimental to the public interest or the ment of Highways, Baton Rouge, Louisi­ plete the following work: ana; Project identified as SN-FAP 68 interest of investors or consumers. E (1), located at Shreveport, La. (Serial 1. The installation of storm sewer tile in 4. Whether the accounting entries to No. 29621). such open trenches as have been made and be made in connection with the proposed The revocation of preference rating the back-filling thereof along with such ad­ financing and the adjustmSit of ac­ issued on July 2, 1943 with respect to ditional storm water work as is the absolute counts incident thereto are in accord the above serially numbered project is minimum necessary to prevent undue dam­ with sound and accepted principles of hereby amended by striking paragraph 3 age to the work already incorporated. accounting and accounting practices. thereof and by substituting the fol­ 2. The restoration of entrance facilities to 5. Whether the provisions of the in­ lowing: adjacent property to the same practicable denture securing the proposed bonds are 3. Prohibition of construction. The condition as existed prior to the start of construction. appropriate. Builder shall neither perform nor permit No. 156------7 11016 FEDERAL REGISTER, Saturday, August 7, 1943

3. Such other minor items of work as are [Certificate 106] necessary to prevent undue damage to ma­ For the purposes of section 12 of Pub­ terials already incorporated in the project. W h o lesale F lorists o f P hiladelphia , P a. lic Law No. 603, 77th Congress (56 Stat. 357), I approve the joint action plan de­ The foregoing permitted construction APPROVAL OF JOINT ACTION PLAN shall not be construed as permitting the scribed in the recommendation; and construction work to progress as origi­ The A t t o r n e y G e n e r a l : after consultation with you, I hereby nally planned and proposed nor shall the I submit herewith a recommendation find and so certify to you that the doing foregoing permitted construction be con­ of the Director of the Office of Defense of any act or thing, or the omission to strued as permission for the installation Transportation concerning a plaji for do any act or thing, by any person in of any concrete paving. joint action by the persons named compliance with sudh joint action plan Issued: August 6, 1943. therein with respect to the transporta- is requisite to the prosecution of the war. W ar P r o d uctio n B oard, ’ tion and delivery of flowers and related Dated: August 2, 1943. o seph h e l a n B y J. J W , articles by motor vehicles in Philadel­ D onald M . N e ls o n , Recording Secretary. phia, Pa., and vicinity.1 Chairman. [F. R. Doc. 43-12787; Filed, August 6, 1943; [F. R. Doc. 43-12972; Filed, Aug. 6, 1943; 11:19 a. m.j 1 Supra. 11:29 a. m.]