ÆS FEDERAL REGISTER '9 3 4 ^ VOLUME 6 NUMBER 227 * î/A/itEO ^

Washington, Saturday, November 22, 1941 CONTENTS The President ment or agency of the Government is hereby authorized to requisition and dis­ THE PRESIDENT pose of property in accordance with the EXECUTIVE ORDER provisions of the Acts and to make Executive Orders: Pag available to the Office of Production Agencies designated for carrying Providing for the Administration of the Management such personnel, including out provisions of Emer­ Requisitioning of P roperty R equired officers of the armed services, as may be gency Relief Appropriation for National Defense necessary to enable that Office to carry Act, amendment of Execu­ out its functions under this Order. The tive Order No. 8495------5910 By virtue of the authority vested in United States Marshals also are hereby Requisitioning of property re­ me by the Constitution and the statutes authorized and directed, when requested quired for national de­ of the United States, and particularly by by, and in accordance with directions of fense______5909 the Act of October 10, 1940, entitled “An the Office of Production Management or Act to Authorize the President to requi­ the head of any department or agency RULES, REGULATIONS, sition certain articles and materials for of the Government authorized to requisi­ ORDERS the use of the United States, and for tion property pursuant to this Order, to other purposes,” and the Act of October requisition and dispose of property. T itle 8—Aliens and Nationality: 16, 1941, entitled “An Act to authorize 4. The Secretary of the Treasury, the Immigration and Naturaliza­ the President of the United States to Secretary of War, the Secretary of the tion Service: requisition property required for the de­ Navy, the Secretary of Agriculture, the Control of persons entering fense of the United States” (hereinafter Chairman of the United States Maritime and leaving the United referred to as the Acts), and in order to States (2 documents)----- 5911, Commission, the Executive Director of 5914 provide for the effective administration the Economic Defense Board, or the head of the requisitioning of property re­ of such other agency as the President T itle 10—Army: W ar Department: quired for the defense of the United may from time to time designate, may Motion Picture Service, accep­ States, it is hereby ordered: initiate action for the requisitioning of tance of commercially spon­ 1. The Office of Production Manage­ property by submitting proposals for the sored films------5918 ment, in addition to the responsibilities requisitioning and disposal of such prop­ Transport, sleeping-car accom­ and duties described in Executive Order erty to the Office of Production Manage­ modations, etc------5918 No. 8629 of January 7,1941,1 and Execu­ ment, whenever he determines that: T itle 16—Commercial P ractices: Federal Trade Commission: tive Order No. 8875 of August 28, 1941,8 a. such property is of the type which Cease and desist orders: shall, except as may otherwise be pro­ may be requisitioned under either of the vided hereinafter, exercise the powers Krasne, A., Inc------5919 and authorities conferred upon the Pres­ Acts; Mineral Wells Crystal Pro­ ident by the Acts. b. with respect to proposals for requisi­ ducers, Inc______5919 2. Whenever the Office of Production tioning property under the Act of Octo­ T itle 17—Commodity and Secu­ Management determines, in accordance ber 16, 1941: rities E xchanges: with the provisions of the Acts, the ne­ Securities and Exchange Com­ (1) the use of such property is needed mission: cessity for requisitioning property, that for the defense of the United States, Office may: Total assets, definition (2) such need is immediate and im­ amended______— 5920 a. requisition and dispose of such pending and such as will not admit of T itle 18—C onservation of property on its own account; or delay or resort to any other source of P ower: b. provide for the requisitioning and supply, Federal Power Commission: disposition of such property through the (3) all other means of obtaining the Electric utilities, licensees, Department of War, the Department of use of such property for the defense of etc., filing of power system the Navy, or any other department or the United States upon fair and reason­ statements (2 docu­ agency of the Government authorized to able terms have been exhausted, ments)------5920,5921 engage in the procurement of property of (4) if the property to be requisitioned T itle 21—F ood and D rugs: the type subject to requisition under the Food and Drug Administra­ Acts. is machinery or equipment, such ma­ chinery or equipment is not in actual tion: 3. Whenever requested by the Office of use in connection with any operating Federal Food, Drug, and Cos­ Production Management, any depart- factory or business or is not necessary to metic Act, amendments the operation of such factory or busi­ of enforcing regulations. 5921 16 F.R. 191. (Continued on next page) *6 F.R. 4483. ness, and 5909 5910 FEDERAL REGISTER, S atu rday, Novem ber 22, 1941 CONTENTS—Continued / w \ may be necessary or proper to carry Federal Trade Commission: Page out the provisions of this Order. F E D E R A L ^ ' REGISTER Complaints and notices: 7. The head of any department or 193« Bissell Carpet Sweeper Co__ 5938 agency of the Government authorized to ‘ 'M T tO Cranberry Canners, Inc_____ 5941 requisition property pursuant to this Securities and Exchange Commis­ Order may, subject to regulations pro­ sion: mulgated by the Supply Priorities and Published daily, except Sundays, Mondays, Applications granted: Allocations Board, require and compel and days following legal holidays by the a disclosure of information under sec­ Division of the Federal Register, The National Crescent Public Service Co., Archives, pursuant to the authority con­ et al______5944 tion 4 of the Act of October 16, 1941. tained in the Federal Register Act, approved United Light and Power Co., 8. The Office of Production Manage­ July 26, 1935 (49 Stat. 500), under regula­ et al______5944 ment shall from time to time, but not tions prescribed by the Administrative Com­ less frequently than once every three mittee, approved by the President. Central Maine Power Co., fil­ The Administrative Committee consists of ing notice______5943 months, transmit to the President a re­ the Archivist or Acting Archivist, an officer Federal Light & Traction Co., et port of operations under this Order. of the Department of Justice designated by 9. All Executive Orders or regulations, the Attorney General, and the Public Printer al., supplemental order___ 5945 or Acting Public Printer. Hearing, postponements, etc.: or any parts thereof, heretofore issued The daily issue of the F ederal Register Brooklyn National Corp_____ 5942 under the Act of October 10, 1940, are will be furnished by mail to subscribers, free Central Illinois Public Serv­ hereby rescinded insofar as they are in­ of postage, for $1.25 per month or $12.50 per consistent with the provisions of this year; single copies 10 cents each; payable in ice Co______5943 Order. advance. Remit money order payable to the Consolidated Investment Superintendent of Documents directly to the Trust______5942 10. This Order shall not affect the au­ Government Printing Office, Washington, D. C. Kentucky Utilities Co., et al_ 5942 thority of the United States Maritime War Department: Commission with respect to the requisi­ Contract summaries: tioning and disposal of vessels under the CONTENTS—Continued Klein, J. B„ Iron & Foundry terms of section 902 of the Merchant Ma­ Co------5936 rine Act, 1936, as amended, or by virtue T itle 21—F ood and Drugs—Con. Midland Structural Steel Co_ 5937 of Executive Order No. 8771 of June 6, Food and Drug Administra­ Scullin Steel Co______5937 1941,* and Executive Order No. 8881 of tion—Continued. Page Vilter Mfg. Co______5936 September 2, 1941,* issued pursuant to Label statements concerning Public Law 101, 77th Congress, approved dietary properties of June 6, 1941. foods for special dietary F ranklin D Roosevelt uses______:______5921 (5) the property to be requisitioned is not a firearm possessed by an individual T he W hite H ouse, T itle 22—F oreign R elations: November 19, 1941. Department of State: for his personal protection or sport, the possession of which is not prohibited by [No. 8942] Control of persons entering existing law; and leaving the United (F. R. Doc. 41-8686; Filed, November 21,1941; States (2 documents)___ 5927, c. with respect to proposals to requi­ 10:58 a. m.] 5929 sition property under the Act of October T itle 24—H ousing Credit: 10, 1940, there exists a necessity for Home Owners’ Loan Corpora­ requisitioning the property in accord­ tion: ance with the provisions of section 1 EXECUTIVE ORDER Appraisal for reconditioning, of the Act. advance cases______5934 Amending E xecutive Order No. 8495 of T itle 32—National D efense: The head of any department or agency J uly 26, 1940, Designating Agencies Office of Price Administration: acting pursuant to the provisions of this for the P urpose of Carrying Out the Southern Pine Lumber, cor­ paragraph shall be authorized to requi­ P rovisions of Section 40 of the rection of price schedule. 5935 sition and dispose of such property, pro­ E mergency R elief Appropriation Act, Office of Production Manage­ vided that the Office of Production . F iscal Year 1941 ment: Management determines that the pro­ By virtue of and pursuant to the au­ Titanium pigments, general posed requisitioning' and disposal of such property is consistent with the thority vested in me by section 40 of the preference order______5934 Emergency Relief Appropriation Act, Fis­ T itle 47—T elecommunication: priorities and allocations program and cal Year 1941, approved June 26, 1940 Federal Communications Com­ the general production and supply plan (Public Resolution No. 88, 76th Con­ mission: of the Office of Production Management. gress) , and of all other authority vested Ship service, automatic- 5. The Office of Production Manage­ in me, and in order to effectuate the alarm-signal keying de- ment or the head of any department or purposes of that Act, sections 1 and 3 of vice required, etc______5936 agency which requisitions property pur­ Executive Ordef No. 8495 of July 26, suant to this Order shall determine the NOTICES 1940,1 entitled “Designation of Agencies amount of the fair and just compensa­ for the Purpose of Carrying out the Pro­ Department of the Interior: tion to be paid for any property requisi­ visions of Section 40 of the Emergency Bituminous Coal Division: tioned pursuant to the Acts, and the Relief Appropriation Act, Fiscal Year Hearing notices amended: fair value of any property returned in 1941”, are hereby amended to read as Holbein Coal Co______5937 accordance with section 2 of the Act of follows: Williamson, J. B______5938 October 16, 1941. Department of Labor: 6. The Supply Priorities and Alloca­ “1. I hereby designate the Secretary of Wage and Hour Division: tions Board is authorized to establish Agriculture in respect to agricultural Red caps, Washington, D. C., policies to govern the Office of Produc­ supplies, the Secretary of War and the hearing on wages, hours, tion Management and the several requi­ Secretary of the Treasury, acting sepa­ etc------5938 sitioning agencies in exercising the rately or jointly, in respect to medical Federal Power Commission: authorities and performing the func­ United Gas Pipe Line Co., hear­ 15 F.R. 2682. tions vested in them by this Order, and 1 6 F.R. 2759. ing------5938 to issue such rules and regulations as 4 6 F.R. 4551. FEDERAL REGISTER, Saturday, Novem ber 22, 1941 5911 supplies, anil the Secretary of the Treas­ Philippine Islands, Hawaii, Puerto Rico, Guam, or of American Samoa, or the ury in respect to other materials and the Virgin Islands, Guam, American Sa­ United States High Commissioner to the supplies, to purchase, to transport to moa, and all territory and waters, con­ Philippine Islands acting in consultation points of embarkation determined by The tinental or insular, subject to the juris­ with the military and naval authorities American Red Cross, or by such other diction of the United States. of the United States in the Philippine agency as I may hereafter designate, and (b) The term “continental United Islands and with the Government of the to deliver to The American Red Cross States” includes the territory of the sev­ Commonwealth of the Philippines. or to such other agency at such points, eral States, the District of Columbia, and Ch) The term “permit to depart” materials and supplies for the relief of Alaska. means a copy of the application for a refugee men, women, and children who <£) The term “depart from the United permit to depart as described hereinafter have been driven from their homes or States” includes any departure by land, in these regulations, duly executed by the otherwise rendered destitute by hostili­ water, or air, from any place included alien, approved and appropriately en­ ties or invasion.” in the United States to any place outside dorsed by the Secretary of State. “3. The materials and supplies to be of the United States, or from one port (i) The term “port of departure” purchased in accordance with this order or terminus of the United States to an­ means a port in continental United shall, in the case of agricultural supplies, other port or terminus of the United States, the Virgin Islands, Puerto Rico, be determined jointly by the Secretary States, including any trip or journey on or Hawaii designated as a port of entry of Agriculture and The American Red or over the Great Lakes or their connect­ by the Attorney General or by the Com­ Cross, in the case of medical supplies, ing waters, any rivers or other waters missioner of Immigration and Natural­ jointly by the Secretary of War or the coinciding with or covering the boundary ization, or a port in Guam, American Secretary of the Treasury and The Amer­ of the United States, tidal waters be­ Samoa or the Panama Canal Zone des­ ican Red Cross, and in the case of other yond the shoreline of the United States, ignated by the chief executive officer materials and supplies jointly by the Sec­ the said shoreline being hereby defined thereof, or any port in the Philippine retary of the Treasury and The American as the line of seacoast and the shores of Islands, designated by the permit-issuing Red Cross.” all waters of the United States and its authority therein.* territorial possessions connected with the F ranklin D R oosevelt *§§ 175.21 to 175.32, inclusive, issued pur­ high seas: Provided, however, That no suant to the authority contained in Proc. The White H ouse, trip or journey upon a public ferry, 2523, November 14, 1941, 6 F.R. 5821, under November 19,1941. passenger vessel sailing coastwise on fixed the act approved May 22, 1918, as amended by the act approved June 21, 1941 (40 Stat. [No. 8943] schedules, excursion vessel, or aircraft, 559; Public Law 114, 77th Cong., 55 Stat. having both termini in the continental 252). [F. R. Doc. 41-8685; Filed, November 21, 1941; United States or in any one of the other 10:58 a. m.] parts of the United States specified in § 175.22 Permits to depart required. paragraph (a) of this section and not No alien shall hereafter depart from the touching foreign territory or waters, shall United States except at a port of depar­ Rules, Regulations, O rders ture and unless there has been issued in be deemed a departure from the United accordance with these regulations a valid States. (d) The term “seamen” includes every permit to depart or he is exempted under TITLE 8—ALIENS AND NATIONALITY alien signed on the ship’s articles and these regulations from obtaining a permit employed in any capacity on board any to depart.* CHAPTER I—IMMIGRATION AND vessel arriving in or departing from the § 175.23 Aliens exempted from obtain­ NATURALIZATION SERVICE United States, as well as sea-going fish­ ing permits to depart. The following Subchapter B—I mmigration ermen and all owners, masters, officers, classes of aliens shall not be required to R egulations members of crews, and other alien per­ obtain permits to depart: [General Order No. 0-36] sons employed on vessels which for pur­ (a) Accredited diplomatic, consular, poses of business or pleasure cruise on and other officers of foreign governments PART 175—CONTROL OF PERSONS ENTERING tidal waters beyond the shoreline or on recognized by the United States who have AND LEAVING THE UNITED STATES PUR­ the Great Lakes. been accorded recognition as such by the SUANT TO THE ACT OF MAY 22, 1918, AS (e) The term “airman” includes any Secretary of State, such recognition not AMENDED alien pilot, navigator, aviator, or other having been withdrawn, and the mem­ Aliens Leaving alien person operating or employed on bers of the family of such officers, as well Sec. any aircraft. as their attendants, servants, and em­ 175.21 Definitions. (f) The term “departure-control offi­ ployees who have been notified to and 175.22 Permits to depart required. 175.23 Aliens exempted from obtaining per­ cer” means any employee of the Immi­ recognized by the Secretary of State: mits to depart. gration and Naturalization Service as­ Provided, That any such person shall 175.24 Refusal of permission to depart. signed to supervise the departure of obtain an exit visa from the Chief or 175.25 Classes of aliens not entitled to de­ aliens from the United States, or any Acting Chief of the Visa Division of the part. 176.26 Departure from the Panama Canal person assigned by the chief executive Department of State, or from another Zone. officers of the Panama Canal Zone, officer authorized by him. An exit visa 175.27 Departure from the Philippine Guam, or American Samoa to such du­ shall be subject to verification in the dis­ Islands. 175.28 Authority to make additional regu­ ties in those territories, or any person cretion of a departure-control officer at lations. designated by the United States High the port of departure, if he has reason to 175.29 Departure not permitted in special Commissioner to the Philippine Islands question the authenticity of such exit cases. after consultation with the military and 175.30 Departure permitted in special cijses. visa; 175.31 Applications for péîmits to départ. naval authorities of the United States (b) Canadian citizens or British sub­ 175.32 Effective date. and the Government of the Common­ jects lawfully domiciled in Canada or in wealth of the Philippines. § 175.21 Definitions. For the pur­ (g) The term “permit-issuing author­ the United States departing across the poses of these regulations: ity” means the Secretary of State, the border between the United States and (a) The term “United States” includes chief executive officer of Alaska, of Canada; the States, the District of Columbia, Hawaii, of Puerto Rico, of the Virgin (c) Aliens in possession of border­ Alaska, the Panama Canal Zone, the islands, of the Panama Canal Zone, of crossing identification cards, departing 5912 FEDERAL REGISTER, Saturday, Novem ber 22, 1941

across the border between the United for such continuous transit, and submits (13) British subjects domiciled in the States and Canada; to the immigrant inspector at the port British Virgin Islands and French citi­ (d) Mexican citizens lawfully domi­ of arrival three copies of his itinerary to zens domiciled in the French island of ciled in Mexico or in the United States, the port of departure, one copy of which St. Bartholomew who were admitted into departing across the border between the shall be transmitted immediately to the the Virgin Islands for business or pleas­ United States and Mexico; port of departure for verification of the ure for a period of less than 30 days on (e) Aliens who have entered the transit journey and one copy to the Sec­ any one visit; United States with limited entry certifi­ retary of State: And provided further, (14) Aliens residing in the Virgin Is­ cates and who are departing within the That there has been no deviation or de­ lands who have occasion to proceed tem­ limits of the period for which they were lay in the transit journey without the porarily to the British Virgin Islands or admitted; consent of the Secretary of State or the to the French Island of St. Bartholo­ (f) Alien seamen, Provided, That, in Attorney General; mew; addition to complying with all other laws (m) Aliens of the following classes, (15) Officials of the national Govern­ and regulations, they submit a passport, departing from the United States after or document in the nature of a passport, ment of Canada or Mexico who enter having been admitted under waiver of the United States temporarily for busi­ establishing their identity and national­ documents, as members of such classes: ity (unless such document is waived by ness or pleasure; the Secretary of State), and also, where (1) Aliens proceeding in continuous (16) Aliens who are members of the departure is from a port in continental travel from Patterson, British Columbia, armed forces of the United States and United States, the Virgin Islands, Puerto to Laurier, British Columbia; who are travelling under orders.* Rico, or Hawaii, an alien registration-re­ (2) Non-immigrant aliens residing in § 175.24 Refusal of permission to de­ ceipt card; Provided further, That they remote sections of Canada who entered part. No permit to depart, exit visa, meet such other requirements as may be Alaska temporarily as visitors or as tran­ border-crossing identification card, re­ prescribed by the Commissioner of Im­ sients and who were unable without entry permit, pre-examination border­ migration and Naturalization, or the ap­ undue inconvenience to obtain passports and visas; crossing identification card, authoriza­ propriate permit-issuing authorities in tion for voluntary departure in lieu of the Panama Canal Zone, Guam, Ameri­ (3) Aliens lawfully residing in remote deportation, or other document facilitat­ can Samoa, or the Commonwealth of the sections of Alaska who desire to enter ing departure shall be issued to an alien Philippines; Canada for a temporary period; if the issuing authority has any reason (g) Aliens who have received com­ (4) Officers and employees of the In­ to believe that the departure will be pre­ munications from an American consular ternational Boundary Commissions who judicial to the interests of the United officer in foreign contiguous territory to are citizens of Canada or Mexico and who States.* entered the United States temporarily the effect that the documents submitted § 175.25 Classes of aliens not entitled by them to the consular officer are suffi­ from Canada or Mexico in connection with their official duties; to depart. The departure of an alien ciently in order to warrant the alien’s who is within one or more of the fol­ personal appearance at the consular of­ (5) Immigration and customs officers of the Canadian and Mexican Govern­ lowing categories shall be deemed to be fice in connection with an application for prejudicial to the interests of the United an immigration visa; ments who entered the United States temporarily in the performance of their States, for the purposes of these (h) Aliens who present valid re-entry regulations: permits issued with the concurrence of official duties; the Secretary of State as to destination; (6) Employees of the Mexican Postal (a) Any alien who, without authori­ (i) Aliens ordered deported from the Service assigned to border areas who en­ zation of this Government, is in pos­ United States or aliens under deporta­ tered the United States temporarily in session of secret information concerning tion proceedings who are given permis­ the performance of their official duties; the plans, preparations, equipment, or sion to depart at their own expense in (7) Fire-fighting groups who entered establishments for the national defense lieu of deportation to a specified desti­ the United States temporarily for fire­ of the United States; nation and are departing to such fighting activities; (b) Any .alien who, without authori­ destination; (8) Members of the Plant Protection zation by this Government, is carrying (j) Immigrant aliens lawfully ad­ Division of the Canadian Department of any secret message to a foreign govern­ mitted into the United States who pass Agriculture who entered the United ment, or to any officer or employee in direct transit, without stop-over, States temporarily in connection with thereof, either directly or indirectly, through foreign contiguous territory their official duties; concerning the plans, preparations, from one part of the United States to (9) Canadian law-enforcement officers equipment, or establishments for the another by means of a transportation who entered the United States tempo­ national defense of the United States; line which runs through the territory or rarily in connection with their official (c) Any alien departing from the waters of both countries; duties; United States for the purpose of engag­ (k) An alien arriving at a seaport in (10) Residents of Canada or Mexico ing in, or who is likely to engage in, Canada, passing in direct transit by con­ who entered the United States tempo­ activities designed or likely to obstruct, tinuous journey through the United rarily in urgent cases such as those in­ impede, retard, delay, or counteract the States to a destination in Canada by volving serious illness or death, where effectiveness of the national defense of means of a transportation line which no opportunity existed to obtain a pass­ the United States or the measures runs through the territory of both port or visa; adopted by the United States in the pub­ countries; (11) Citizens of Mexico resident in lic interest or for the defense of any (l) Aliens who presented valid transit the continental United States departing other country; certificates in entering the continental from the United States to Mexico in ur­ (d) Any alien departing from the United States after the effective date of gent cases such as those involving seri­ United States for the purpose of engag­ these regulations: Provided, That any ous illness or death where no opportunity ing in, or who is likely to engage in, ac­ such alien is passing through the con­ existed to obtain a border-crossing iden­ tivities which would obstruct, impede, tinental United States in continuous tification card; retard, delay, or counteract the effective­ transit, remaining in the continental (12) Naval personnel of foreign gov­ ness of any plans made or steps taken United States no longer than necessary ernment-owned vessels of war; by any country of the Western Hemi- FEDERAL REGISTER, S atu rday, Novem ber 22, 1941 5913 sphere in the interest of the common de­ tions of a procedural character, governing the United States shall apply to the Sec­ fense of the countries of such hemisphere; departure from the Panama Canal Zone retary of State, or to such officer as may (e) Any alien departing from the and the Philippine Islands as they may be designated, for a permit to depart United States for any country for the deem necessary in the public interest.* from the United States as follows: purpose of organizing in, or directing § 175.29 Departure not permitted in (a) Blank application forms for per­ from, such country, any rebellion, insur­ special cases, (a) Any departure-control mits to depart may be obtained from the rection, or violent uprising in, or against, officer or other authorized official in any Visa Division, Department of State, the United States, or of waging war individual case may require any alien, or Washington, D. C., or from an office of against the United States, or of destroy­ person he believes to be an alien, depart­ the Immigration and Naturalization ing sources of supplies or material vital ing or attempting to depart even if such Service, or from a permit-issuing author­ to the national defense of the United person has a permit to depart, to submit ity in the outlying possessions of the States or to the effectiveness of the for official inspection all documents, United States. Applications should be measures adopted by the United States articles, or other things which are being mailed at least 30 days before the date for the defense of any other country; removed from the United States upon, or of intended departure in order that any (f) Any alien who is a fugitive from in connection with, such person’s depar­ delay in departure may be avoided. justice on account of an offense punish­ ture. (b) Applications for permits to depart able in the United States; (b) Any departure-control officer or from the continental United States, ex­ other authorized official shall tempo­ cepting Alaska, shall be made to the Sec­ (g) Any alien whose presence is rarily prevent the departure of any per­ retary of State, Washington, D. C. All needed as a witness in, or as a party to, son of the class mentioned in the preced­ other applications for permits to depart any criminal case pending in a Federal ing paragraph if such person refuses to shall be made to the appropriate permit­ court or which is under investigation; submit to such official inspection, or if issuing authority specified in these regu­ (h) Any alien who is registered or en­ the officer or official believes the de­ lations. Applications for permits to de­ rolled, or who is subject to registration parture of such person would under these part shall be made upon Form AD-1 pre­ or enrolment, for military service in the regulations-be prejudicial to the inter­ scribed by the permit-issuing authority United States and who shall not have ob­ ests of the United States, or if directed by and executed strictly in accordance with tained the consent of the Secretary of the Secretary of State or thevAttorney the instructions issued therewith, includ­ War or of his local draft board to de­ General to prevent such departure. In ing the furnishing of photographs. part from the United States.* every such case the officer or other offi­ (c) A married woman accompanying § 175.26 Departure from the Pan­ cial preventing departure shall tempo­ her husband, or a child or children under ama Canal Zone. In addition to all ap­ rarily take possession of any travel doc­ 14 years of age accompanying either par­ plicable restrictions upon departures ument presented by the alien. Such ent or both parents, may be included in from the United States hereinbefore set action shall be reported immediately by the permit granted to the husband or forth and which may be required by the the departure-control officer to the head parent, and in such case the wife or child permit-issuing authority, all aliens be­ of his Department with a full statement will not be required to make a separate fore departure from the Panama Canal of the facts. An individual so tempo­ application. Group photographs may be Zone shall comply with such additional rarily take possession of any travel doc- used in such cases. regulations concerning the place and be permitted to depart and shall not be (d) Any attempt by an applicant to method of departure and method and entitled to the benefits of any exemp­ depart from the United States before route of travel through the Zone to the tions or limitations hereinbefore pro­ action has been taken on his application, place of departure as may be required vided unless the Secretary of State is or after a permit has been denied, may by the permit-issuing authority in the satisfied that the departure of such per­ subject the applicant to the penalties Canal Zone.* son would not be prejudicial to the in­ provided in the act of May 22, 1918, as terests of the United States.* § 175.27 Departure from the Philip­ amended by the act of June 21, 1941. § 175.30 Departure permitted in spe­ (e) If the application for permission to pine Islands. In addition to all appli­ cial cases, (a) Notwithstanding the cable restrictions upon departure from depart is approved the applicant will be provisions of these regulations the Sec­ notified, and one copy of the application, the United States hereinbefore set forth retary of State may, in any individual and which may be required by the permit­ appropriately endorsed, which shall case, authorize the issuance of a permit thereupon become the permit to depart, issuing authority, all aliens before de­ to depart to any alien or may allow any will be forwarded to the appropriate de­ parture from the Philippine Islands alien to depart without a permit if he parture-control officer at the port or shall comply with such reasonable ad­ deems such action to be in the interests place from which the applicant has ditional rules and regulations, not in­ of the United States. stated in his application that he intends consistent herewith, as may be promul­ (b) A departure-control officer may to depart. Upon the applicant’s personal gated by the United States High grant any airman emergency permission appearance before such departure-con­ Commissioner to the Philippine Islands, to depart, but in all such cases a copy trol officer, indicated in the notification acting in consultation with the military of the airman’s application shall be for­ to the applicant, and upon the identifi­ and naval authorities of the United warded immediately to the appropriate cation of such applicant by the depar­ States and the Government of the Com­ permit-issuing authority or to the Sec­ ture-control officer, to whom the appli­ monwealth of the Philippines, concerning retary of State. Such emergency per­ cant shall surrender the notification re­ the place and method of departure and mission shall not be granted unless the ceived, the departure-control officer may mode and route of travel through the departure-control officer is satisfied that permit such applicant to depart from Philippine Islands to the place of depar­ such departure would not endanger the the United States and shall verify such ture required by the permit-issuing au­ public safety or be prejudicial to the departure. The departure-control offi­ thority in the Philippine Islands.* interests of the United States.* cer shall thereupon place a notation or § 175.28 Authority to make additional § 175.31 Applications for permits to certification on the permit concerning the regulations. The permit-issuing authori­ depart. Except in cases for which spe­ alien’s departure and forward such per­ ties in the Panama Canal Zone and the cial procedure has hereinbefore been pro­ mit, together with the notification sur­ Philippine Islands are hereby authorized vided and cases in which permits to rendered by the alien, to the Secretary to make such additional rules and regu­ depart are not required by these regu­ of State, Washington, D. C. Under no lations, including limitations and excep­ lations, any alien desiring to depart from I circumstances should an alien to whom a 5914 FEDERAL REGISTER, Satu rday, Novem ber 22, 1941

departure permit has been granted be (c) The term “permit to enter” means admissible into the United States under permitted to take such permit out of the an immigration visa, a re-entry permit, the provisions of the immigration laws United States or to have such permit in a passport visa, a transit certificate, a and regulations, or other laws and regu­ his possession while in the United States. limited-entry certificate, a border-cross­ lations, including these regulations, shall Cf) A permit to depart shall be revo­ ing identification card, a crew-list visa, be admitted into the United States even cable at any time before departure of the or any other document which may be if he is in possession of an unexpired alien in whose case such permit shall required under authority of law for permit to enter.* have been granted. The Secretary of entry into the United States. § 175.44 Immigrants not required to State reserves the power to revoke a per­ (d) The term “permit-issuing author­ obtain permits to enter. Pursuant to mit which has been issued by any per­ ity” means a diplomatic, consular, or the provisions of section 30 of the Alien mit-issuing authority. other officer of the United States author­ Registration Act, 1940 (54 Stat. 673; 8 (g) No permit to depart from the ized to issue immigration visas, passport U.S.C. 451), Executive Order 8766 of United States shall be construed as a per­ visas, crew-list visas, transit certificates, June 3, 1941, and the proclamation of mit to enter any place in the United limited-entry certificates, or non-resi­ the President hereinbefore mentioned, States.* dent border-crossing identification cards, the following classes of immigrants are § 175.32 Effective date. These regula­ or an officer of the Immigration and Nat­ not required to obtain permits to enter tions shall become effective on Decem­ uralization Service authorized to issue and the requirements of immigration ber 1, 1941.* re-entry permits, or border-crossing visas, which constitute permits to enter [seal] Cordell H ull, identification cards. in respect of immigrants, and passports, Secretary of State. (e) The term “entry into the United are waived in the following emergency States” includes any entry by land, cases: Concurred in by: water, or air, from any place outside of F rancis Biddle, the United States into any place in­ (a) An alien immigrant child born Attorney General. cluded within the United States, or from subsequent to the issuance of the immi­ November 19, 1941. any outlying possession of the United gration visa of an accompanying parent, the visa not having expired; [F. R. Doc. 41-8682; Filed, November 21, 1941; States into the mainland, or from the 10:27 a. m.] mainland into any outlying possession, (b) An alien immigrant child born or from one outlying possession into during the temporary visit abroad of an another. alien' mother who has previously been (f) The term “seaman” includes every legally admitted into the United States PART 175— CONTROL OF PERSONS ENTERING for permanent residence, provided the AND LEAVING THE UNITED STATES PURSU­ alien signed on the ship’s articles and employed in any capacity on board any child is accompanying a parent admis­ ANT TO THE ACT OF MAY 22, 1918, AS sible to the United States, and applica­ AMENDED vessel arriving in the United States from any place outside of the United States. tion is made for admission into the Aliens Entering United States within a period of two Sec. (g) The term -‘airman” includes any years after the date of birth; 175.41 Definitions. alien pilot, navigator, aviator, or other "4.75.42 Permits to enter required. alien person operating or employed on (c) An immigrant alien lawfully ad­ 175.43 Permits to enter not a guarantee ol any aircraft. mitted into the United States who passes admission. in direct transit, without stop-over, 175.44 Immigrants not required to obtain (h) . The term “port of entry” means a through foreign contiguous territory permits to enter. port in the continental United States, the 175.45 Non-immigrants not required to ob­ Virgin Islands, Puerto Rico, or Hawaii from one part of the United States to tain permits to enter. another by means of a transportation 175.46 Refusal of permission to enter. designated as a port of entry by the At­ line which runs through the territory or 175.47 Classes of aliens whose entry is torney General or the Commissioner of waters of both countries; deemed to be prejudicial to the Immigration and Naturalization, or such public interest. ports in the Panama Canal Zone, Guam, (d) An alien immigrant who has pre­ 175.48 Aliens leaving close relatives in cer­ viously been legally admitted into the tain foreign countries. and American Samoa as may be desig­ United States for permanent residence 175.49 Permission to enter the Panama Ca­ nated by the Governors thereof, or a port and who is proceeding by vessel or air­ nal Zone, Guam, American Samoa, in the Philippine Islands designated by plane from the mainland to an insular and the Philippine Islands. the United States High Commissioner to 175.50 Entry not permitted in special cases. possession or from an insular possession 175.51 Procedure for issuance of permits to the Philippine Islands, after consultation to the mainland or from one mainland enter. with the military and naval authorities port to another, without stop-over, al­ 175.52 Additional requirements for officials of the United States and the Govern­ though touching at a foreign port; of foreign governments. ment of the Commonwealth of the 175.53 Additional requirements for aliens in Philippines.* (e) An alien immigrant who has pre­ transit. viously been legally admitted into the 175.54 Additional requirements for alien *§§ 175.41 to 175.58, inclusive, issued pur­ seamen. suant to the authority contained in Proc. United States for permanent residence 175.55 Exceptions from requirements of ad­ 2523, November 14, 194L 6 FJR. 5821, under reentering from a journey beginning in visory opinions. the act approved May 1918, as amended by an American port without transship­ 175.56 Sponsorship of applicants. the act approved June 21, 1941 (40 Stat. 559; ment from the original vessel to another 175.57 Procedure in formulating advisory Public Law 114, 77th Cong., 55 Stat. 252), and vessel; opinions. by virtue of the authority contained in the 175.58 Effective date. Immigration Act approved May 26, 1924 (43 (f) An alien immigrant lawfully ad­ Stat. 153), as amended, section 30 of the mitted into the United States and re­ § 175.41 Definitions. For the pur­ Alien Registration Act, 1940 (54 Stat. 673), poses of these regulations: and Executive Order 8766 of June 3, 1941. turning from a visit not exceeding 30 days to contiguous territory where, be­ (a) The term “United States” includes § 175.42 Permits to enter required. cause of urgency such as one involving the States, the District of Columbia, No alien shall hereafter enter the United serious illness or death, no opportunity Alaska, the Panama Canal Zone, the States (a) except at a port of entry existed to obtain a reentry permit or a Philippine Islands, Hawaii, Puerto Rico, designated as such by the Commissioner resident alien’s border-crossing identi­ the Virgin Islands, Guam, American of Immigration and Naturalization or fication card prior to departure from Samoa, and all territory and waters, other authorized official and (b) unless the United States; continental or insular, subject to the he is in possession of a valid unexpired (g) Aliens, occupationally seamen, jurisdiction of the United States. permit to enter or is exempted under previously lawfully admitted for perma­ (b) The term “continental United these regulations from presenting a per­ nent residence, who have not relin­ States” includes the territory of the sev­ mit to enter.* quished their domicile in the United eral States, the District of Columbia, and § 175.43 Permits to enter not a guar­ States and who are returning to the Alaska. antee of admission. No alien who is in­ United States in accordance with the FEDERAL REGISTER, Satu rday, Novem ber 22, 1941 5915 terms of the articles of outward voyage, (1) Canadian law-enforcement officers seeking admission as passengers solely or in accordance with and following the entering the United States temporarily in pursuit of their calling as seamen, if terms of their discharge before an in connection with their official duties arriving in the United States under the American consular officer ; and possessing identification as such; following circumstances: (h) Alien members of the armed (j) Residents of Canada or Mexico en­ (1) Seamen who were members of the forces of the United States, provided tering the United States temporarily in crew of an American vessel which has they are in uniform or bear documenta­ urgent cases, such as those involving been sold and delivered abroad, when tion identifying them as members of the serious illness or death, where no oppor­ the contract of employment provides for armed forces; tunity exists to obtain a passport or a the return of the crew or when the laws (i) Individual cases considered by the visa, a border-crossing identification of the United States provide for their Department of Justice to be within the card, or a limited-entry certificate; return to an American port; provisions of section 13 (b) of the Immi­ (k) Canadian citizens entering for a (2) Shipwrecked or cast-away sea­ gration Act of 1924 may be submitted to temporary stay of less than thirty days men rescued by, or transferred at sea to, the Secretary of State for consideration at Point Roberts, Washington; a vessel bound for an American port; of a waiver of documents In each case,* (l) Naval personnel of foreign gov­ (3) Seamen who are American con­ ernment-owned vessels of war; § 175.45 Non-immigrants not required sular passengers or who are repatriated to obtain permits to enter. Pursuant to (m) British subjects domiciled in the without expense to the United States the provisions of section 30 of the Alien British Virgin Islands and French citi­ Government following, and in accord­ Registration Act, 1940 (54 Stat. 673; 8 zens domiciled In the French Island of ance with the terms of, their discharge U. S. C. 451), Executive Order 8766 of St. Bartholomew, seeking admission into in a foreign port before an American June 3, 1941, and the proclamation of the Virgin Islands for business or pleasure consular officer; the President hereinbefore mentioned, for a period of less than thirty days on (x) Seamen, entering temporarily as the following classes of non-immigrants any one visit; such, who are members of the crew of a are not required to obtain permits to (n) Aliens residing in the Virgin Is­ vessel arriving from a port at which enter and the requirements of non-immi­ lands who have occasion to proceed tem­ there is no American consul and the grant visas, border-crossing identifica­ porarily to the British Virgin Islands or master of the vessel was unable to ob­ tion cards, transit certificates, and lim­ to the French Island of St. Bartholo­ tain a crew-list visa from a nearby con­ ited-entry certificates, which constitute mew; sular officer without undue delay of the permits to enter in respect of non-immi­ (o) Responsible officials of the na­ vessel’s departure; grants, are waived in the following tional governments of Canada or Mexico, (y) Members of the crew of a vessel classes of emergency cases; who proceed unexpectedly to the border operating on a regular service between a and who seek to enter the United States port in Florida and Habana, Cuba, en­ (a) Canadian railway-mail clerks en­ temporarily for business or pleasure; tering in connection with their official tering temporarily as seamen, are ex­ duties, provided they carry documents (p) Special cases of unforeseen emer­ empt from the crew-list visa require­ identifying them as such; gency in which the Secretary of State is ment, except that a new crew-list visa (b) Aliens residing in remote sections satisfied that the aliens concerned are must be presented (1) to cover the first of Canada and entering Alaska tempo­ entering temporarily and have had no trip each month of each such vessel and rarily as visitors or as transients, who reasonable opportunity to procure appro­ (2) to cover an additional seaman who are unable without undue inconvenience priate documents; is signed on as a member of the crew to obtain passports and visas; (q) A national of a contiguous country during the month; (c) Members of the staff of the Inter­ passing in direct transit, without stop­ (z) Members of the crews of vessels national Fisheries Commission and the over, from the country of residence sailing between ports of the United States International Pacific Salmon Fisheries through the United States back to the and Canada or Newfoundland which do Commission entering the United States country of residence, by means of a I not touch at ports of other countries, who temporarily in connection with the per- > transportation line which runs through are entering the United States tempo­ formance of their official duties, pro­ the territory or waters of both countries; rarily as seamen, are exempt from the vided they carry documents bearing (r) An alien arriving at a seaport in crew-list visa requirement; photographs and identifying them as Canada passing in direct transit by con­ (aa) An alien lawfully admitted to the members of the staff of the Commissions; tinuous journey through the United United States as a non-immigrant who (d) Officers and employees of the In­ States to a destination in Canada, by is proceeding by vessel or airplane from ternational Boundary Commissions who means of a transportation line which the mainland to an insular possession are citizens of Canada or Mexico entering runs through the territory of both coun­ or territory or from an insular possession the United States temporally from Can­ tries; or territory to the mainland or from one ada or Mexico in connection with their (s) Persons proceeding in continuous mainland port to another, without stop­ official duties; travel from Patterson, British Columbia over, although touching at a foreign (e) Immigration and customs officers to Laurier, British Columbia; port; of the Canadian and Mexican Govern­ (t) A non-immigrant alien child born (bb) Persons presenting certificates of ments entering the United States tempo­ subsequent to the issuance of the pass­ identity issued by American consular rarily in the performance of their official port visa of an accompanying parent, the officers under the provisions of section duties; visa not having expired; a603 of the Nationality Act of 1940 and (f) Employees of the Mexican Postal (u) Residents of the Fiji Islands and the regulations issued thereunder (see Service assigned to border areas enter­ remote Pacific islands who, after arrival 22 CFR. 19.18-19.29) .* ing the United States temporarily in the at ports of entry in Hawaii or on the § 175.46 Refusal of permission to en­ performance of their official duties, who Pacific Coast are found by the Immi­ ter. (a) No permit to enter shall be have credentials establishing their gration authorities to be classifiable as issued to any alien if the issuing au­ identity and their official duties in the bona fide non-immigrant temporary thority has reason to believe that the region of the border; visitors under section 3 (2) of the Immi­ entry of the alien would be prejudicial (g) Fire-fighting groups entering the gration Act of 1924 or as transients under to the interests of the United States. United States temporarily for fire-fight­ section 3 (3) of the act; (b) The permit-issuing authority shall ing activities; (v) Canadian seamen sent forward to report the refusal of a permit to the (h) Members of the Plant Protection join vessels in ports of the United States, head of his department. If a permit Division of the Canadian Department of provided they present seamen’s identi­ is refused by an officer of the Immigra­ Agriculture entering the United States fication cards; tion and Naturalization Service of the temporarily in connection with their (w) Seamen whose occupational Department of Justice on the ground official duties; * status as such is found to be bona fide, that he has reason to believe that the 5916 FEDERAL REGISTER, Satu rday, N ovem ber 22, 1941

entry of the alien would be prejudicial proved June 20, 1941 (Public Law 113, is satisfied that the admission of the to the interests of the United States, 77th Cong.); alien would not be prejudicial to the the Attorney General may, after con­ (i) Any alien who is not within one interests of the United States. sultation with the Secretary of State, or more of the foregoing classes, but in (b) In the case of an alien temporar­ authorize issuance of the permit if he whose case circumstances of a similar ily excluded by an official of the Depart­ is satisfied that entry of the alien would character may be found to exist, which ment of Justice on the ground that he not be prejudicial to the interests of the render the alien’s admission prejudicial is or may be within one or more of the United States. If a permit is refused to the interests of the United States, categories set forth in § 175.47, no hear­ by any other officer of the United States which it was the purpose of the act of ing by a board of special inquiry shall authorized to issue documents consti­ June 21, 1941 to safeguard.* be held until after the case is reported tuting permits to enter under these regu­ to the Attorney General and such a hear­ lations, the Secretary of State, or an § 175.48 Aliens leaving close relatives ing is directed by the Attorney General official designated by him, may authorize in certain foreign countries. The fact or his representative. In any special the issuance of a permit to enter if he is that a spouse, or a relative of the first case the alien may be denied a hearing satisfied that the entry of the alien will degree or consanguinity, with whom the before a board of special inquiry and an not be prejudicial to the interests of the applicant has maintained close family appeal to the Board of Immigration Ap­ United States. The report of a refusal ties, remains abroad in any country, or peals if the Attorney General determines of a permit to enter made to the head in territory under the control of any that he is within one of the categories of a department other than the Secretary country, the government of which is op­ set forth in § 175.47 on the basis of in­ of State shall be communicated to the posed to the measures of the Government formation of a confidential nature the Secretary of State.* of the United States with regard to the disclosure of which would be prejudicial § 175.47 Classes of aliens whose entry wars now being waged in the Eastern to the public interest.* is deemed to be prejudicial to the public Hemisphere, may be considered with § 175.51 Procedure for issuance of per­ interest. The entry of an alien who is other evidence in determining whether mits to enter. Applications for docu­ within one of the following categories an alien’s permit to enter should be de­ ments which are permits to enter under shall be deemed to be prejudicial to the nied upon the ground that the alien is these regulations shall be made as pro­ interests of the United States for the within one or more of the categories set vided by the rules and regulations purpose of these regulations; forth in § 175.47.* applicable to the issuance of such docu­ § 175.49 Permission to enter the Pan­ ments and in accordance with the addi­ (a) Any alien who belongs to one ama Canal Zone, Guam, American Sa­ tional requirements for admission to the of the classes specified in the act of Octo­ moa, and the Philippine Islands. In United States provided in these regula­ ber 16, 1918 (40 Stat. 1012) as amended; addition to all applicable restrictions set tions. With the exceptions hereinafter (b) Any alien who is a member of, forth in these regulations, an alien seek­ specified, no permit to enter shall be affiliated with, or may be active in the ing to enter the Panama Canal Zone, issued until after the permit-issuing au­ United States in connection with or on Guam, and American Samoa shall follow thority shall have received from the Sec­ behalf of a political organization associ­ such procedure as may be prescribed by retary of State an advisory opinion or ated with or carrying out the policies of the Governors thereof, and an alien instruction recommending the issuance any foreign government opposed to the seeking to enter the Philippine Islands of a permit.* measures adopted by the Government of shall follow such procedure as may be § 175.52 Additional requirements for the United States in the public interest prescribed by the United States High officials of foreign governments. In ad­ or in the interest of national defense or Commissioner to the Philippine Islands dition to all other requirements, any of­ in the interest of the common defense of after consultation with the military and ficial, employee, or agent of a foreign the countries of the Western Hemi­ naval authorities of the United States government proceeding to the United sphere; and the Government of the Common­ States temporarily as a tourist or on per­ (c) Any alien in possession of, or seek­ wealth of the Philippines. The said offi­ sonal business or for pleasure, or pro­ ing to procure, unauthorized secret in­ cials are hereby authorized to make such ceeding through the United States to a formation concerning the plans, prepa­ additional regulations as may be re­ foreign destination, must disclose in con­ rations, equipment, or establishments for quired, in their judgment, to carry out nection with his application for a per­ the national defense of the United the restrictions contained in these regu­ mit to enter his official governmental po­ States; lations.* sition, status, or connection and must not (d) Any alien engaged in activities de­ § 175.50 Entry not permitted in special engage while in the United States in any signed to obstruct, impede, retard, delay, cases, (a) Any alien, even though in official activity on behalf of his govern­ or counteract the effectiveness of the possession of a permit to enter, or ex­ ment without first having been recog­ measures adopted by the Government of empted under these regulations from ob­ nized by the Secretary of State, and he is the United States for the defense of the hereby prohibited from engaging in any United States or for the defense of any taining a permit to enter, may be ex­ other country; cluded temporarily if at the time he such activity in the United States unless applies for admission at a port of entry and until he obtains a change of status (e) Any alien engaged in activities de­ it appears that he is or may be within from that of a visitor to that of an of­ signed to obstruct, impede, retard, delay, one of the categories set forth in § 175.47. ficial on official business. Failure to dis­ or counteract the effectiveness of any The official excluding the alien shall im­ close his official position, status, or con­ plans made or steps taken by any coun­ mediately report the facts to the head of nection in making application for a try of the Western Hemisphere in the in­ his department, who will communicate permit to enter, or engaging in any of­ terest of the common defense of the such report to the Secretary of State. ficial business in the United States prior countries of such Hemisphere; Any alien so temporarily excluded by an to such change of status, shall be pun­ (f) Any alien engaged in organizing or official of the Department of Justice ishable as a breach of these regulations.* directing any rebellion, insurrection, or shall not be admitted and shall be ex­ § 175.53 Additional requirements for violent uprising against the United States; cluded and deported unless the Attorney aliens in transit. In addition to all other (g) Any alien engaged in a plot or General, after consultation with the requirements, an alien seeking admis­ plan to destroy materials or sources Secretary of State, is satisfied that the sion in transit through the United States thereof vital to the defense of the admission of the alien would not be prej­ to a foreign destination by virtue of a United States; udicial to the interests of the United transit certificate must submit to the (h) Any alien whose admission States. Any alien so temporarily ex­ Immigrant Inspector or to an officer act­ would endanger the public safety, as pro­ cluded by any other official shall not be ing in such capacity at the port of ar­ vided in any Executive order issued in admitted and shall be excluded and de­ rival three copies of his itinerary to the pursuance of the act of Congress ap­ ported unless the Secretary of State port of departure, one copy of which shall FEDERAL REGISTER, S atu rday, Novem ber 22, 1941 5917 be transmitted immediately to the port who have received advance permission included in one form BC. Two letters of departure for verification of the to enter Canada or such British territory. of reference from reputable and re­ transit journey and departure, and one (8) Applicants for replace immigra­ sponsible persons, preferably American copy to the Secretary of State. No de­ tion visas who, because of their Inability citizens, who know the person or persons viation or delay in the transit journey to procure passage or transportation to executing the form, must be attached will be permitted without the consent of the United States, were unable to use thereto. the Secretary of State or the Attorney their original immigration visas issued (b) Form BC shall consist of: General.* after July 1, 1941. Part B. Biographical data. A state­ § 175.54 Additional requirements for (9) Applicants for any kind of permit ment executed under oath and contain­ alien seamen. In addition to all other to enter, who are under 18 years of age, ing biographical data concerning each requirements, no non-resident alien sea­ who have previously been lawfully ad­ mitted into the United States for either applicant for a permit to enter. man employed on any vessel arriving in Part C. Affidavit of support and spon­ the United States from any place outside temporary or permanent residence, and who are applying in Western Hemisphere sorship. If the applicant is not self-sup­ thereof shall be granted shore leave or porting, statements of two persons exe­ be permitted to go ashore in the United countries for permits to enter. (10) Bona fide alien seamen included cuted under oath and containing infor­ States except with the approval of the mation concerning the affiants’ identity master and in the discretion of the im­ in crewlists submitted for visas. (11) Female applicants who were for­ and financial condition and their under­ migration officials at the port of arrival taking to support the applicant, shall be acting under authority of the Attorney merly American citizens and who have lost their citizenship by marriage to furnished in accordance with the re­ General. The period of shore leave quirements of part C of form BC. If granted a seaman shall not exceed that aliens. the applicant is self-supporting, state­ during which the vessel on which he ar­ (12) Native-born citizens of Iceland ments of two persons executed under oath rived will remain in a port of the United domiciled therein and natives of Green­ shall be furnished in the space provided States, unless the Attorney General, In land of Danish nationality domiciled in for an alternative statement in accord­ his discretion, concurs in the granting of Greenland. ance with form BC. a longer period of shore leave.* (13) Members of British military or § 175.55 Exceptions from require- naval forces who are recommended by (c) Form K. Authorization to act as ments of advisory opinions, (a) Pinal their responsible superior officer. intermediary. In the discretion of the action may be taken on applications for (14) Officials of governments of the Secretary of State a person who desires permits to enter without prior submis- countries of the Western Hemisphere and to act as attorney or other intermediary mission of applications to the Secretary British Government officials, the mem­ on behalf of a sponsor may be required of State, as provided in § 175.51 hereof, bers of their families, and their attend­ to present form K, executed by the spon­ in the following classes of cases: ants, servants and employees, accom­ sor authorizing him to do so.* panying them. § 175.57 Procedure in formulating ad­ (1) Applicants for re-entry permits or visory opinions, (a) Form BC, when the renewal thereof. (15) The lawful wife and alien minor (2) Applicants for border-crossing children of an alien Chinese merchant properly executed and received in the identification cards who have been pre­ who have complied with the pre-investi­ Department of State, shall be considered viously lawfully admitted into the United gation procedure prescribed by the ap­ by an inter-departmental committee, to­ States for permanent residence. plicable regulations of the Immigration gether with all the documents attached (3) Applicants for non-resident bor­ and Naturalization Service governing thereto and all other information which der-crossing identification cards who are admission of Chinese. may be available concerning the appli­ citizens and residents of Mexico, bom (16) Cases concerning which the Sec­ cant for a permit to enter, his sponsors, therein or bom abroad of a native Mexi­ retary of State shall have issued special and their references. The inter-depart­ can father, and Canadian citizens or instructions to the permit-issuing author­ mental committee shall be composed of one representative of each of the State, British subjects domiciled in Canada or ity. War, and Navy Departments, and of the Newfoundland. (b) Notwithstanding the aforesaid ex­ Federal Bureau of Investigation and the (4) Applicants for any kind of permit ceptions a permit-issuing authority may Immigration and Naturalization Service to enter, who are native bom citizens ; refer any application to the Secretary of of the Department of Justice. Each of the independent countries of the State for an opinion or decision, if he Western Hemisphere, citizens of Canada member of the inter-departmental com­ deems it to be doubtful whether the ap­ mittee shall be permitted to express his or Newfoundland, British subjects born plicant comes within one of the ex­ or domiciled in any Western Hemisphere opinion concerning the eligibility of the cepted classes or if he considers that applicant to receive a permit to enter. territory: Provided, Such persons are there is a question whether the entry of sufficiently known by or to the permit­ Such opinions shall be recorded and shall an alien who comes within one of such be considered confidential. A majority issuing authority to warrant a conclusion classes would be likely to prejudice the that the admission of the applicants opinion shall constitute the opinion of would not be prejudicial to the interests interests of the United States. Officers the committee. of the United States (the wives and mi­ of the Immigration and Naturalization (b) If the committee’s opinion is that nor children of such persons, who have Service will refer such cases to the At­ a permit to enter may be granted, and the same nationality status, may be in­ torney General.* if such opinion is acceptable to the Sec­ cluded in this category regardless of the § 175.56 Sponsorship of applicants. retary of State, it may be transmitted place of birth of such wives and chil­ (a) An applicant for a permit, not ex­ to the permit issuing authority, thereby dren) . cepted under § 175.55 from the require­ becoming the advisory opinion of the (5) Applicants for non-quota section ment of an advisory opinion, must be Department of State. 4 (a) immigration visas in whose behalf sponsored by citizens of the United States (c) If the committee’s opinion is not a relative petition (form 633) shall have or by alien residents of the United States acceptable to the Secretary of State, or been approved by the Department of lawfully admitted for permanent resi­ if the opinion is that a permit to enter Justice. dence. Supporting statements of spon­ should not be issued, or if any member (6) Applicants for non-quota section sorship under oath in accordance with the requirements of form BC, prescribed of the committee so requests, the opinion 4 (b) immigration visas in Western Hem­ of the committee shall be referred to a isphere countries. pursuant to these regulations, shall be (7) Applicants for transit certificates, furnished to the Secretary of State. Hus­ committee of review, together with the who are proceeding to Canada or British bands, wives, and their children under 18 complete record in the case. The com­ territory in the Western Hemisphere and years of age traveling together may be mittee of review shall be composed of No. 227----- 2 5918 FEDERAL REGISTER, S atu rday, Novem ber 22, 1941

one representative of each of the agencies have the power to remand any case to than War Department theaters will be named in paragraph (a) of this section. the committee of review or to the inter­ subject to the approval of, and at the The committee of review shall consider departmental committee for investigation times desired by, local commanders. the record forwarded from the inter­ and reconsideration, without expressing (2) That the subject matter of the film departmental committee and may allot an opinion concerning the case. has a reasonable relationship to the com­ a limited time for the appearance of an (h) If a permit-issuing authority who mercial advertiser’s product or manufac­ alien’s sponsors or other interested per­ shall have received an advisory opinion turing methods. sons, who may submit statements. The from the Department of State is in pos­ (3) That no admission charge for at­ committee may make rules and regula­ session of information which indicates tendance will be permitted for commer­ tions governing the appearance before that the entry of the alien concerned cially sponsored films. it of sponsors, attorneys, agents, or other would be prejudicial to the interests of (4) That such films do not advertise intermediaries. Statements made by the United States as provided in § 175.47 products which are considered to be in­ persons appearing before the committee hereof, action shall be suspended on compatible with the best interests of the of review shall be under oath. After the case and a full report shall be sub­ service or places of business that are of being duly sworn a sponsor shall answer mitted to the Secretary of State. The an unwholesome character. any material interrogatories which may permit-issuing authority shall there­ be addressed to him by the members of after be guided by any further advisory (c) Offers of educational film spon­ the committee. Confidential informa­ opinion received from the Secretary of sored by commercial concerns may be ac­ tion in the possession of the committee State regarding the question whether the cepted at the discretion of the corps area shall not be disclosed to the sponsor or entry of the particular applicant for a commander concerned. The agency or to his attorney, agent, or other inter­ permit to enter would be prejudicial to individual making such offer will be mediary. the interests of the United States under advised: (d) If the opinion of the committee of these regulations.* (1) That either by appropriate an­ review is that a permit to enter may be § 175.58 Effective date. These regu­ nouncement, slide, or as an integral part granted, and if such opinion is acceptable lations shall become effective on Decem­ of film, a statement must be included to to the Secretary of State, it may be trans­ ber 1, 1941.* the effect that the showing of the film mitted to the permit issuing authority, [seal] Cordell H ull, does not necessarily constitute War De­ thereby becoming the advisory opinion of partment endorsement of the company the Department of State. Secretary of State. Concurred in by: or the product advertised. (e) If the opinion of the committee of (2) That the United States Govern­ review is not acceptable to the Secretary F rancis Biddle, ment will not be responsible for the loss, of State, or if the opinion is that a per­ Attorney General. damage, or destruction of any film mit to enter should not be issued, or if November 19, 1941. loaned for this purpose. (R.S. 161; 5 any member of the committee so requests, U.S.C. 22) the opinion of the committee shall be [F. R. Doc. 41-8683; Filed, November 21, 1941; — ">40:27 a. m.] [seal] E. S. Adams, referred to a board of appeals, together Major General, with the complete record in the case. The board shall be composed of two mem­ The Adjutant General. bers appointed by the President. The TITLE 10—ARMY: WAR DEPARTMENT [F. R. Doc. 41-8672; Filed, November 21,1941; board shall preserve the confidential 9:29 a. m.] character of any information in the rec­ CHAPTER V—MILITARY RESERVA­ ord. Cases shall be considered and de­ TIONS AND NATIONAL CEME­ cided by the board of appeals solely upon TERIES CHAPTER IX—TRANSPORT the basis of the written record as made P art 93—T ransportation of P art 55—Motion P icture S ervice1 up in the committees. If the opinion of I ndividuals 1 the board of appeals is not acceptable to § 55.10 Acceptance of commercially the Secretary of State, or if the members sponsored motion picture films.1 The sleeping- car and similar of the board are unable to agree on any following policy with regard to the ac­ accommodations 1 particular case, the Secretary of State ceptance of commercially sponsored mo­ § 93.15 When and to whom sleeping may substitute his own opinion, which tion picture films for advertising purposes car and similar accommodations fur­ shall be final and shall be transmitted to is announced: nished: allowances—(a) Standard ac­ the permit-issuing authority as the ad­ (a) Films of a purely recreational na­ commodations. visory opinion of the Department of ture will not be accepted from commer­ ( 1 ) * * * State. * * * * * cial sponsors for exhibition at posts, (f) Each member of the inter-de­ camps, and stations served by the United (iii) Aviation cadets and noncommis­ partmental committee, committee of re­ States Army Motion Picture Service. sioned officers of first, second, and third view, or board of appeals, shall, while the (b) Films having definite training or grades, when traveling individually, or case of an applicant for a permit to enter educational value may be accepted for included in parties of nine persons, or is under consideration by his committee the showing in camps, posts, or stations less (i. e. enumerating aviation cadets, or board, express his opinion of the ap­ where desired by local commanders: noncommissioned officers of all grades, plicant’s eligibility for entry solely with Provided: other enlisted men, applicants for en­ reference to one of the categories set listment and rejected applicants for en­ forth in § 175.47 of these regulations, (1) That films to be shown in War De­ listment, but not officers and warrant and in the case of an adverse opinion partment theaters using their equipment officers). the particular category involved shall be will not be shown during paid perform­ # ♦ * * * specified and recorded. The record ances of motion picture programs, but (b) Tourist accommodations—(1) thereof shall be confidential, and only may be shown as part of the training Nine persons or less, (i) Noncommis­ the recommendation of the committee film program if the subject matter of the sioned officers below the third grade trav­ or board, without the reasons therefor, film contributes substantially to the in­ eling under orders, individually, or in­ shall be disclosed. struction in a subject concurrently ap­ cluded in parties of nine persons or less (g) The board of appeals may not re­ pearing on the local training program. consider any case until after the lapse Those that are shown in places other 1 § 93.15 (a) (1) (iii) and (b) (1) (2) and of a period of six months from the date (4) is amended. 1 § 55.10 is added. a These paragraphs also appear as par. 2 a of the previous opinion of the board in 1 These paragraphs also appear as Cir. 235, and b, AR 30-925, Oct. 8, 1935, as amended in the case concerned. The board shall WD, NOV. 8, 1941. Cir. 234. WD., NQV. 7, 1941. FEDERAL REGISTER, Saturday, N ovem ber 22, 1941 5919

(i. e., enumerating aviation cadets, non­ (4) Alternative allowances; reserva­ the complaint of the Commission and the commissioned officers of all grades, other tions. The alternative allowances (up­ substitute answer of respondent, in enlisted men, applicants for enlistment, per and lower berths; tourist or standard which answer respondent admits all the and rejected applicants for enlistment, accommodations) provided for in sub- material allegations of fact set forth in but not officers and warrant officers), paragraphs (1), (2), and (3) of this said complaint and states that it waives when the journey exceeds 12 hours and paragraph contemplate the furnishing of all intervening procedure and further is scheduled to terminate after midnight, the most economical accommodations hearings as to said facts and expressly or when the journey involves spending a available on the train (and connecting waives the filing of briefs ajid oral argu­ night on the train, are entitled to a sep­ trains on route) which the persons enu­ ment, and the Commission having made arate berth each in a tourist sleeping merated are required to use so as to its findings as to the facts and conclu­ car, except as provided in subparagraph carry out their orders. The higher cost sion that said respondent has violated (3)’of this paragraph, an upper, if avail­ berths and/or accommodations should be the provisions of subsection (c) of sec­ able; otherwise a lower. See subpara­ utilized only for such distance that those tion 2 of an Act of Congress entitled “An graph (b) (4) of this section. of lower cost are not available. The Act to supplement existing laws against (ii) Enlisted men other than aviation quartermaster furnishing the transpor­ unlawful restraints and monopolies, and cadets and noncommissioned officers, tation should endeavor, through the for other purposes,” approved October and/or applicants for enlistment, and/or carrier’s agent, to reserve, so far as prac­ 15, 1914 (the Clayton Act), as amended rejected applicants for enlistment, trav­ ticable, the required accommodations for by an Act of Congress approved June 19, eling under orders, individually, or in­ the entire journey, except that The 1936 (the Robinson-Patman Act), (U.S.C. cluded in parties of nine persons or less Quartermaster General will arrange for Title 15, Sec. 13) : (i. e., enumerating aviation cadets, non­ accommodations in the case of move­ It is ordered, That in the course of commissioned officers of all grades, other ments which are routed by him under commerce, as “commerce” is defined in enlisted men, applicants for enlistment existing regulations, except that under the aforesaid Clayton Act, the respondent and rejected applicants for enlistment, paragraph 12, MR 1-7,8 transportation A. Krasne, Inc., a corporation, its officers, but not officers and warrant officers), officers at induction stations arrange for agents, representatives, and employees, when the journey exceeds 12 hours and any accommodations authorized herein, directly or through any corporate or is scheduled to terminate after midnight, in connection with routings prescribed other device, do forthwith cease and de­ or when the journey involves spending a by The Quartermaster General. See sist from: night on the train, are entitled to ac­ § 93.20. (R.S. 161, 5 U.S.C. 22) (1) Receiving or accepting, directly or commodations in a tourist sleeping car, [seal] E. S. Adams, indirectly, any allowance cr discount in except as provided in subparagraph (3) Major General, lieu of brokerage fees or commissions in of this paragraph, on the following basis: The Adjutant General. whatever manner or form said allow­ (a) One person traveling, individually, [F. R. Doc. 41-8673; Filed, November 21, 1941; ances, discounts, brokerage fees, or com­ will be furnished an upper berth, if avail­ 9:31 a. m.] missions may be offered, allowed, able; otherwise a lower. See subpara­ granted, paid, or transmitted; graph (b) (4) of this section. (2) Receiving or accepting from sell­ (b) Parties of two to nine persons, both ! TITLE 16—COMMERCIAL PRACTICES ers in any manner or form whatever, di­ inclusive, will be furnished accommoda­ rectly or indirectly, anything of value as tions on the basis of two persons in a CHAPTER I—FEDERAL TRADE a commission, brokerage fee, or other lower berth; the “odd-number” person, COMMISSION compensation, or any allowance or dis­ if any, to be furnished an upper. If an [Docket No. 4280] count in lieu thereof upon purchases of commodities made by respondent. upper is not available for the “odd-num­ P art 3—D igest of Cease and D esist ber’’ person, he will be furnished a lower. Orders It is further ordered, That the said re­ See subparagraph (b) (4) of this section. spondent shall, within sixty (60) days IN THE MATTER OF A. KRASNE, INC. (2) Ten persons, or more. Enlisted after service upon it of this order, file men (including aviation cadets and all § 3.45 (e) Discriminating in price— with the Commission a report in writing noncommissioned officers), and/or ap­ Indirect discrimination—Brokerage pay­ setting forth in detail the manner and plicants for enlistment, and/or rejected ments. In the course of commerce, (1) form in which it has complied with this applicants for enlistment, traveling un­ receiving or accepting, directly or indi­ order. der orders and included in parties of 10 rectly, any allowance or discount in lieu By the Commission. persons, or more (not enumerating of brokerage fees or commissions in [seal] Otis B. J ohnson, officers and warrant officers), when the whatever manner or form said allow­ Secretary. ances, discounts, brokerage fees, or com­ . journey exceeds 12 hours and is scheduled [F. R. Doc. 41-8690; Filed, November 21, 1941; to terminate after midnight, or when the missions may be offered, allowed, granted, 11:07 a. m.] journey involves spending a night on the paid, or transmitted; and (2) receiving train, are entitled to accommodations in or accepting from sellers in any manner or form whatever, directly or indirectly, a tourist sleeping car, except as provided [Docket No. 4512] in subparagraph (3) of this paragraph, anything of value as a commission, bro­ on the basis of two persons in a lower kerage fee, or other compensation, or any P art 3—Digest of Cease and D esist berth; the “odd-number” person, if any, allowance or discount in lieu thereof Orders upon purchases of commodities made by being entitled to an upper berth, pro­ in the matter of mineral wells crystal vided that if there are more than a respondent; prohibited. (Sec. 2c, 49 PRODUCERS, INC. sufficient number of persons to occupy Stat. 1527; 15 U.S.C., Sup. IV, sec. 13c) all the lower berths of an entire car on [Cease and desist order, A. Krasne, Inc., § 3.6 (mlO) Advertising falsely or the basis of two persons in a berth, then Docket 4280, November 14, 1941] misleadingly—Manufacture or prepara­ the remaining persons will be furnished At a regular session of the Federal tion: § 3.6 (cc) Advertising falsely or an upper berth each in the same car until Trade Commission, held at its office in misleadingly—Source or origin—Place: its capacity is reached. For larger par­ the City of Washington, D. C., on the § 3.66 (c20) Misbranding or mislabel­ ties, accommodations in the second and 14th day of November, A. D. 1941. ing—Manufacture: § 3.66 (k) Mis­ succeeding cars will be furnished on the This proceeding .having been heard1 branding or mislabeling-—Source or orU same basis as that prescribed above for by the Federal Trade Commission upon gin—Place: § 3.96 (b) Using misleading the first car or a part thereof. See sub- name—Vendor—Products. In connec­ paragraph (4) of this paragraph. See *5 F.R. 3570. tion with offer, etc., in commerce, of * Administrative regulations of the War De- . mineral crystals, and among other also § 93.18. partment relative to reception of selective ***** service men. things, as in order set forth, (1) using the 5920 FEDERAL REGISTER, Satu rday, Novem ber 22, 1941 statement or legend, “Made in Mineral respondent admits all the material al­ TITLE 17—COMMODITY AND SECURI­ Wells, Texas”, or any statement or leg­ legations of fact set forth in said com­ TIES EXCHANGES end of similar import or meaning, on plaint, and states that it waives all inter­ respondent’s leaflets, billheads, sales in­ vening procedure and further hearing as CHAPTER II—SECURITIES AND voices, display cards, or other advertis­ to said facts, and the Commission having EXCHANGE COMMISSION ing material, in connection with the sale made its findings as to the facts and P art 270—G eneral R ules and R egula­ or the offering for sale of any mineral conclusion that said respondent has vio­ tions, I nvestment Company Act op crystals not produced exclusively from lated the provisions of the Federal Trade 1940 mineral water obtained in its natural Commission Act; state from the earth within the City of It is ordered, That the respondent, amendment to rule defining term “total Mineral Wells, Texas, or from the vicin­ Mineral Wells Crystal Producers, Inc., a ASSETS” FOR PURPOSES OF SECTIONS 5 AND ity thereof; (2) using the statement or corporation, its officers, representatives, 12 OF THE ACT legend, “Made from Texas Mineral Wa­ agents, and employees, directly or Acting pursuant to the Investment ter”, or any other statement or legend through any corporate or other device, Company Act of 1940, particularly sec­ of similar import or meaning, on its leaf­ in connection with the offering for sale, tions 2 (a) (39) and 38 (a) thereof, the lets, billheads, sales invoices, display sale, and distribution of mineral crystals Securities and Exchange Commission cards, or other advertising material in in commerce, as “commerce” is defined hereby amends § 270.5b-l [Rule N-5B-1] connection with the sale or the offering in the Federal Trade Commission Act, do to read as follows: for sale of any mineral crystals not pro­ forthwith cease and desist from: duced exclusively from mineral water § 270.5b-l Definition of “total assets.” obtained in its natural state from the 1. Using the statement or legend, The term “total assets,” when used in earth within the State of Texas; and (3) “Made in Mineral Wells, Texas”, or any computing values for the purposes of using the words “Mineral Wells”, or any statement or legend of similar import or Sections 5 and 12 of the Act [Sec. 5, 54 simulation thereof, in its corporate or meaning, on its leaflets, billheads, sales Stat. 800; 15 U.S.C. 80a-5: Sec. 12, 54 trade name, or in any manner to desig­ invoices, display cards, or other adver­ Stat. 808; 15 U.S.C. 80a-12], shall mean nate, describe, or refer to its business in tising material, in connection with the the gross assets of the company with connection with the sale or the offering sale or the offering for sale of any min­ respect to which the computation is for sale of any mineral crystals not pro­ eral crystals not produced exclusively made, taken as of the end of the fiscal duced exclusively from mineral water ob­ from mineral water obtained in its natu­ quarter of the company last preceding tained in its natural state from the earth ral state from the earth within the City the date of computation. This rule shall within the City of Mineral Wells, Texas, of Mineral Wells, Texas, or from the not apply to any company which has or from the vicinity thereof; prohibited. vicinity thereof; adopted either of the alternative methods (Sec. 5, 38 Stat. 719, as amended by sec. 2. Using the statement or legend, of valuation permitted by § 270.2a-l 3, 52 Stat. 112; 15 U.S.C., Sup. IV, sec. “Made from Texas Mineral Water”, or [Rule N-2A-1L (Secs. 2, 38, 54 Stat. 45b) [Cease and desist order, Mineral any other statement or legend of similar 790, 841; 15 U.S.C. 80a-2, 80a-38) Wells Crystal Producers, Inc., Docket import or meaning, on its leaflets, bill­ Effective November 21, 1941. 4512, November 14, 1941] heads, sales invoices, display cards, or By the Commission. other advertising material in connection §3.6 (j) Advertising falsely or mis­ with the sale or the offering for sale of [seal] F rancis P. Brassor, leadingly—Government approval, con­ any mineral crystals not produced ex­ Secretary. nection or standards—Government in­ clusively from mineral water obtained in [F. R. Doc. 41-8700; Filed, November 21,1941; dorsement: § 3.6 (1) Advertising falsely its natural state from the earth within 11:43 a. m.] or misleadingly—Indorsements and testi­ the State of Texas; monials: § 3.18 Claiming indorsements 3. Using the words “Mineral Wells”, or or testimonials falsely: § 3.66 (b) Mis­ any simulation thereof, in its corporate TITLE 18—CONSERVATION OF branding or mislabeling—Government, or trade name, or in any manner to des­ official or other sanction: § 3.66 (c) Mis­ ignate, describe, or refer to its business in POWER branding or mislabeling—Indorsements, connection with the sale or the offering CHAPTER I—FEDERAL POWER approvals or awards. In connection with for sale of any mineral crystals not pro­ COMMISSION offer, etc., in commerce, of mineral crys­ duced exclusively from mineral water ob­ [Order No. 84] tals, and among other things, as in order tained in its natural state from the earth set forth, using the word “Certified”, or within the City of Mineral Wells, Texas, P art 210—Statements and R eports any other word or words of similar im­ or from the vicinity thereof; (Schedules) port or meaning, on respondent’s ad­ 4. Using the word “Certified”, or any PRESCRIBING THE FILING OF POWER SYSTEM vertising material, or otherwise, to repre­ other word or words of similar import or STATEMENTS FOR ELECTRIC UTILITIES, LI­ sent or to imply that respondent’s product CENSEES AND OTHERS, FPC FORM NO. 64 has been endorsed or attested as to qual­ meaning, on its advertising material, or otherwise, to represent or to imply that November 4, 1941. ity or fitness by some governmental, respondent’s product has been endorsed scientific, or other recognized agency em­ or attested as to quality or fitness by The Commission, pursuant to Sections powered and qualified to certify to such some governmental, scientific, or other 4 (a), 301 (a), 304 (a), 309, and 311 of facts, when such an endorsement or at­ recognized agency empowered and quali­ the Federal Power Act, and other provi­ testation has not been obtained, pro­ fied to certify to such facts, when such sions of said Act thereunto authorizing it, hibited. (Sec. 5, 38 Stat. 719, as amended an endorsement or attestation has not orders that; by sec. 3, 52 Stat. 112; 15 U.S.C., Sup. IV, been obtained. §210.51 FPC Form No. 64 (1941). sec. 45b) [Cease and desist order, Min­ (a) The accompanying FPC Form No. 64 eral Wells Crystal Producers, Inc., Docket It is further ordered, That the respond­ for Power System Statement (Class I and 4512, November 14, 1941] ent shall, within sixty (60) days after H systems),1 including the instructions At a regular session of the Federal service upon it of this order, file with and schedules therein contained, be and Trade Commission, held at its office in the Commission a report in writing, set­ the same hereby is approved; the City of Washington, D. C., on the ting forth in detail the manner and (b) Each corporation, person, agency, 14th day of November, A. D. 1941. form in which it has complied with this authority, or other legal entity or in­ This proceeding having been heard1 by order. strumentality, whether public or private, the Federal Trade Commission upon the By the Commission. which operates facilities for the genera­ complaint of the Commission and the [seal] Otis B. J ohnson, tion, or transmission, or distribution of answer of respondent, in which answer Secretary. electric energy,, and which is in the [F. R. Doc. 41-8689; Filed, November 21, 1941; » 6 F.R. 4390. 11:06 a. m.] 1 Filed with the original document. FEDERAL REGISTER, Saturday, Novem ber 22, 1941 5921 classification of a Class I or a Class II generation during the year less than (j), 52 Stat. 1048; 21 U.S.C., Sup., system (as the same are defined in the 5,000,000 kilowatt-hours except as spe­ 343 (j)) accompanying Form FPC No. 64) shall cifically directed. (Secs. 4 (a), 301 (a), W atson B. Miller, prepare and file with the Commission on 304 (a), 309, 311, 49 Stat. 812, 854, 855, Acting Administrator. or before the date indicated by said form, 858, 859; 15 U.S.C., Sup. 79d (a), 16 November 18, 1941. U.S.C., Sup., 825 (a), 825c (a), 825h, guch statement or statements and in such [F. R. Doc. 41-8702; Filed, November 21, 1941; form as is required by said instructions 825k 11:48 a. m.] and schedules, setting forth the answers This order and the form herein pre­ to the questions therein stated and fur­ scribed shall become effective on Novem­ nishing the information therein called for. ber 18, 1941; and the Secretary of the (Secs. 4 (a), 301 (a), 304 (a), 309, 311, 49 Commission shall cause prompt publica­ [Docket No. FDC-24] Stat. 812, 854, 855, 858, 859; 15 U.S.C., tion of this order to be made in the P art 125—Label Statements Concerning Sup., 79d (a), 16 UJS.C., Sup., 825 (a), F ederal R egister. Dietary P roperties of F ood P urport­ 825c (a), 825h, 825k) By the Commission. ing T o B e or R epresented for Special This order and the form herein pre­ [seal] Leon M. F uquay, D ietary Uses scribed shall become effective on Novem­ Secretary. findings of fact and regulations ber 18, 1941; and the Secretary of the [F. R. Doc. 41-8691; Filed, November 21, 1941; Commission shall cause prompt publica­ 11:28 a. m.] By virtue of the authority vested in tion of this order to be made in the F ed­ the Federal Security Administrator by eral Register. provisions of the Federal Food, Drug, and By the Commission. Cosmetic Act [Sec. 403 (j), 52 Stat. 1048, [seal] Leon M. F uquay, TITLE 21—FOOD AND DRUGS 21 U.S.C., Sup. V, 343 (j); Sec. 701 (e), Secretary. CHAPTER I—FOOD AND DRUG 52 Stat. 1055, 21 U.S.C., Sup. V, 371 (e) ], ADMINISTRATION the Reorganization Act of 1939 (53 Stat. [F. R. Doc. 41-8679; Piled, November 21, 1941; 561 ff.; 5 U.S.C., Sup. V, 133 ff.), and 9:31 a. m.] [Docket No. FDC-24] Reorganization Plans No. I (53 Stat. 1423, P art 2—R egulations for the E nforce­ 4 F.R. 2727) and No. IV (54 Stat., 5 F.R. ment of the F ederal F ood, D rug, and 2421) ; and upon the basis of evidence [Order No. 85} Cosmetic Act of record at the above entitled hearing duly held pursuant to notice thereof is­ Part 210—Statements and R eports amendment to general regulations (Schedules) sued by the Administrator on August 31, By virtue of the authority vested in the 1940 (5 F.R. 3565), the following order is PRESCRIBING THE FILING OF POWER SYSTEM Federal Security Administrator by pro­ hereby promulgated: STATEMENTS FOR ELECTRIC UTILITIES, visions of the Federal Food, Drug, and LICENSEES AND OTHERS, FPC FORM NO. Cosmetic Act [Sec. 701 (a), 52 Stat. 1055, Findings of Fact 64—A 21 U.S.C., Sup. V, 371 (a) 3, the Reorgani­ 1. The value of a food for any special zation Act of 1939 (53 Stat. 561 ff.; 5 dietary use is determined by its dietary November 4 ,1941. U.S.C., Sup. V, 133 ff.), and Reorganiza­ properties, such as the presence or ab­ The Commission, pursuant to sections tion Plans No. I (53 Stat. 1428, 4 F.R. sence of a substance or the quantity or 4 (a), 301 (a), 304 (a), 309, and 311 of 2727) and No. IV (54 Stat., 5 F.R. 2421); altered character of a constituent. the Federal Power Act, and other pro­ the following general regulations under 2. Information necessary in order to visions of said Act thereunto authorizing the Federal Food, Drug, and Cosmetic inform the purchaser of the value of a it, orders that: Act [Sec. 403 (j), 52 Stat. 1048, 21 U.S.C. food for a special dietary use includes a §210.52 FPC Form No. 64r-A. (a) Sup. V, 343 (j)3 are hereby promulgated: statement of the dietary properties upon The accompanying FPC Form No. 64-A, § 2.10a General, (a) The term “spe­ which its value for such use is based. Power System Statement (Class HI and cial dietary uses”, as applied to food for 3. Among other dietary properties of Class IV systems) ,x including the instruc­ man, means particular (as distinguished food, certain vitamins and minerals are tions and schedules therein contained, from general) uses of food, as follows: known to be essential to the normal be and the same hereby is approved; (1) Uses for supplying particular die­ functioning of the human organism; the (b) Each corporation, person, agency, tary needs which exist by reason of a quantity of any vitamin or mineral re­ authority or other legal entity or instru­ physical, physiological, pathological or quired is customarily expressed in terms mentality, whether public or private, other condition, including but not limited of the quantity required each day and which operates facilities for the genera­ to the conditions of disease, convales­ is referred to as the daily requirement. tion or transmission, or distribution of cence, pregnancy, lactation, allergic hy­ 4. Deficiency in the intake of any es­ electric energy, and which is in the classi­ persensitivity to food, underweight, and sential vitamin, mineral, or other dietary fication of a Class III or Class IV sys­ overweight; property produces pathological condi­ tem (as the same are defined in the ac­ (2) Uses for supplying particular die­ tions known as a deficiency disease, companying Form FPC No. 64-A) shall whereas, intake of a certain minimum tary needs which exist by reason of age, quantity of such substance prevents the prepare and file with the Commission on including but not limited to the ages of or before the date indicated by said onset of such conditions. infancy and childhood; 5. The value of a food for special di­ form, such statement or statements and (3) Uses for supplementing or fortify­ in such form as is required by said in­ etary use may depend on its suitability ing the ordinary or usual diet with any for the treatment of a deficiency disease. structions and schedules, setting forth vitamin, mineral, or other dietary prop­ the answers to the questions therein 6. The quantity of a vitamin, mineral, erty. Any such particular use of a food or other dietary property necessary to stated and furnishing the information is a special dietary use, regardless of therein called for: Provided, That said prevent a deficiency disease is usually whether such food also purports to be less than the quantity necessary for the form shall not be required to be pre­ or is represented for general use. pared and filed for Classs III systems effective treatment of that disease. having “net energy for system” during (b) No provision of any regulation 7. The quantity and the duration of the year less than 5,000,000 kilowatt- under section 403 (j) of the Act shall administration of such a property for the hours (as the same is defined in the ac­ be construed as exempting any food from correction of such disease may differ un­ companying form), or for Class IV sys­ any other provision of the Act or regu­ der different conditions. tems having energy received plus net lations thereunder, including sections 8. Purchasers in general are unaware 403 (a) and (g) and, when applicable, of the quantities of dietary constituents 1 Filed with the original document. the provisions of Chapter V. (Sec. 403 or the duration of their consumption 5922 FEDERAL REGISTER, Satu rday, Novem ber 22, 1941

necessary for the effective treatment of 25. The requirements of different per­ daily requirement for any such vitamin deficiency diseases. sons for most of the essential vitamins can be prescribed for different age 9. Information required by the pur­ bear a relationship to body weight which groups, and the ingestion of the quantity chaser to evaluate a food for the cor­ in turn bears a relationship to age so prescribed will prevent any clinically rection of deficiency diseases includes groups. Thus, for nutritional purposes, significant manifestation of the defi­ adequate directions for use. with respect to these and many other di­ ciency disease characteristic of deficiency 10. The value of a food for special etary factors, persons are commonly of such vitamin. dietary use may depend on its content of classed as infants (persons under one 37. The minimum daily requirement one or more of the vitamins A (or pre­ year of age), children (persons one or for vitamin A is as follows: cursors thereof), Bi, C, D, riboflavin, nic­ more but less than 12 years of age), and For infants, 1,500 U. S. P. units. otinic acid or nicotinic acid amide, and adults (persons 12 or more years of age); For children more than 1 but less than some other vitamins. children may be further classified as the 12 years of age, 3,000 U. S. P. units. 11. The terms “vitamin Bi” and “thi­ groups less than six, and six or more For any person 12 or more years of age, amine,” the terms “vitamin C” and “as­ years of age, when nutritional require­ 4,000 U. S. P. units. corbic acid^and the terms “riboflavin”, ments bear an unusually close relation­ 38. The minimum daily requirement “vitaminjBz'^ and “vitamin / CT, are ship to body weight. for vitamin Bi is as follows: synep^HiOTisr 26. The nutritional requirements for For infants, 0.25 mg. (83 U. S. P. units). Deficiency in the intake of vitamin vitamins A, Bi, C, and riboflavin are so For children more than 1 but less than ' A produces the_ pathological conditions correlated with age, but the requirements 6 years, 0.5 mg. (167 U. S. P. units). ..kaown^jas- nutritional night blindness for vitamin D and minerals are not. For children 6 or more but less than 12 and as xerophthalmia. 27. Purchasers generally do not know years old, 0,75 mg. (250 U. S. P. units). 13. Vitamin A exists as such in certain the quantity of vitamins and minerals For a person 12 or more years old, 1 mg. animal tissues and is produced by the needed to supply their minimum daily (333 U. S. P. units). animal organism from precursors of vita­ requirements. 39. The minimum daily requirement min A, which include the vegetable pig­ 28. Information necessary for the pur­ for vitamin C is as follows: ments alpha carotene, beta carotene, chaser to evaluate a food for special die­ For infants, 10 mg. (200 U. S. P. units). gamma carotene, and cryptoxanthin. tary use based on its vitamin or mineral For children more than 1 but less than 14. The vitamin A activity of food is property for which the minimum daily 12 years old, 20 mg. (400 U. S. P. units). determined by biological assay; an equal requirement has been established is a For a person 12 or more years old, 30 weight of vitamin A and of each of its statement of the proportion of the mini­ mg. (600 U. S. P. units). known precursors, when reacted upon by mum daily requirement for such vitamin 40. The minimum daily requirement the animal organism, do not all have the or mineral supplied by a specified quan­ for vitamin D is 400 units for any person, same degree of activity; none of such tity of such food. irrespective of age, except as hereinafter precursors has as high a degree of ac­ 29. To be reasonably useful to the pur­ noted in respect of vitamin D contained tivity as vitamin A. chaser, the quantity so specified must be in cows’ milk and evaporated milk. 15. It is necessary, in order fully to the quantity of the food customarily or 41. The minimum daily requirement inform the purchaser of the value of the usually consumed during a period of one for riboflavin is as follows: precursors of vitamin A for special die­ day, or a quantity reasonably suitable for tary use, that their activity be measured or practicable of consumption during a For an infant, 0.5 mg. period of one day. For a person 12 or more years old, 2.0 and stated-as vitamin A, but that any mg. such precursor sold as such be designated 30. The quantity of vitamin A in a by its common or usual name and not as food is expressed as the biologically 42. The minimum daily requirement vitamin A. measured activity of vitamin A and its for riboflavin for children one year or 16. Deficiency in the intake of vitamin precursors in terms of United States more but less than 12 years of age has not Bi produces the pathological condition Pharmacopoeia units (commonly re­ been established. known as beriberi. ferred to as U.S.P. units). 43. A given quantity of vitamin D con­ 17. Deficency in the intake of vitamin 31. The quantity of vitamin Bi in a sumed in cows’ milk or evaporated milk C produces the pathological condition food is expressed by weight in terms of is more efficacious in the prevention of known as scurvy. the metric system or by United States rickets than the same quantity of vita­ 18. Deficiency in the intake of vitamin Pharmacopoeia units (commonly re­ min D consumed in other carriers, but the D produces the pathological conditions ferred to as U. S. P. units). minimum daily requirement of vitamin known as rickets and osteoporosis. 32. The quantity of vitamin C in a D when consumed in cows’ milk or evap­ 19. Deficiency in the intake of ribo­ food is expressed by weight in terms of orated milk has not been established. flavin produces the pathological condi­ the metric system or by United States 44. Cows’ milk containing 135 units of tion known as ariboflavinosis. Pharmacopoeia units (commonly re­ vitamin D per quart, and evaporated 20. The value of a food for special die­ ferred to as U. S. P. units). milk containing 7.5 U. S. P. units of tary use may depend on its content of 33. The quantity of vitamin D in a vitamin D per avoirdupois ounce, usually one or more of the mineral elements cal­ food is expressed in terms of United will prevent clinical rickets when fed to cium, phosphorus, iron, iodine, and pos­ States Pharmacopoeia units (commonly normal infants in customary quantities. sibly other mineral elements. referred to as U. S. P. units). 45. Cows’ milk and evaporated milk 21. Deficiency in the intake of calcium 34. The quantity of riboflavin in a food with increased vitamin D content are or phosphorus produces the pathological is expressed by weight in terms of the customarily marketed at two levels of conditions known as rickets and osteo­ metric system. vitamin D content, 400 U. S. P. units and porosis. 135 U. S. P. units per quart in the case 35. The quantities of calcium, phos­ of milk, and 22.2 U. S. P. units and 7.5 22. Deficiency in the intake of iron re­ phorus, iron, and iodine in foods are U. S. P. units per avoirdupois ounce in sults in the pathological condition known commonly expressed by weight in terms the case of evaporated milk. as nutritional anemia. of the metric system. 46. In the absence of established fact 23. Deficiency in the intake of iodine 36. Because of variations in body as to the minimum daily requirement for results in the pathological condition weight and other factors, the minimum vitamin D carried in cows’ milk and known as simple goiter. daily requirements of individuals for vi­ evaporated milk, information essential to 24. The minimum daily requirements tamins vary, eyen among persons in the the purchaser concerning the value of for such vitamins and minerals in the same age groups; but in the cases of such milk and evaporated milk for spe­ human diet are the quantities necessary vitamins A, Bi, C, D, and riboflavin the cial dietary use based on its vitamin D for the prevention of such deficiency dis­ variation within any age group is of content includes at least a statement of eases. such narrow range that a minimum the number of U. S. P. units of vitamin FEDERAL REGISTER, S atu rday, N ovem ber 22, 1941 5923

D in a specified quantity of such milk or manufacturers of salt, inasmuch as salt 68. When the need for such a substance evaporated milk. is common to all adequate diets, to pro­ has not been so established, information 47. The prevalence of rickets among duce iodized salt by the addition to salt necessary fully to inform the purchaser infants and children is such that infor­ of 0.023 percent by weight of potassium of the value for special dietary use of a mation essential to purchasers concern­ iodide, equivalent to 0.0176 percent iodine. food containing it includes a statement ing the value of cows’ milk for special 58. The distribution of iodized salt has that the need for such substance has not dietary use based on a vitamin D content resulted in a great decrease in the inci­ been established. increased to less than 135 U. S. P. units dence of simple goiter in those areas. 69. When the need for a vitamin or per quart, includes at least the state­ 59. Under the program so agreed upon mineral has been so established, it is ment that additional vitamin D should between health authorities and salt man­ frequently still unknown what is the be supplied from other sources. ufacturers, the quantity of iodine in the minimum daily requirement therefor. 48. Because of variations in body usual daily intake of iodized salt is ap­ 70. When the minimum daily require­ weight, in the quantity of food ingested, proximately 10 times the minimum daily ment for such a substance has not been and in other factors, it is impracticable requirement for iodine of persons other established, whether or not evidence of to establish minimum daily requirements than infants. human need therefor is conclusive, pur­ applicable to the needs of infants gener­ 60. The statement on the label of chasers must rely on the best available ally for calcium, phosphorus, iron, and iodized salt that the usual daily intake scientific information or professional ad­ vice; and in order to evaluate such food iodine. thereof contains 10 times the minimum 49. Because of variations in the body daily requirement for iodine would be in terms of such information or advice, weight and other factors, individuals reasonably calculated to result in a de­ it is necessary that the purchaser be in­ other than infants have varying mini­ crease in the consumption of iodized salt, formed of the quantity of the vitamin or mum daily requirements for minerals. In even in those areas where goiter is en­ mineral present in a specified quantity of the cases of calcium, phosphorus, iron, demic, and thus cause an increase in the such food suitable for daily consumption. incidence of simple goiter. 71. The quantity of such a vitamin or and iodine, the variation is of such nar­ mineral necessary to prevent a disease row range that a minimum daily require­ 61. It is the established practice of manufacturers of iodized salt to declare resulting from a dietary deficiency of ment for any such mineral can be pre­ such substance, is usualy unrelated to the scribed, and the ingestion of the quantity on the label the percent by weight of potassium iodide in the iodized salt. quantity necessary for use in treating the so prescribed will prevent any clinically disease; when such a vitamin or mineral significant manifestation of the defici­ 62. Purchasers of iodized salt are ade­ quately informed of its value in the pre­ purports to be or is represented for use ency disease characteristic of a deficiency in treating such a disease, in addition to of such mineral, except as specified in vention of simple goiter by the declara­ tion on the label of the percent by weight adequate directions for use, a statement Finding 50 with respect to pregnant and of the quantity of the substance present lactating women. of potassium iodide present therein. 63. In the consumption of vitamins in a specified quantity of the food is in­ 50. During pregnancy and lactation the formation necessary for the purchaser to requirements of women for calcium, and minerals it is desirable to have a safety factor above the minimum daily evaluate the food for such use in terms phosphorus, and iron are increased. of the best available scientific informa­ 51. The minimum daily requirement requirements, and fractional propor­ tions of requirements above the mini­ tion or professional advice. for calcium and for phosphorus is 750 72. The value of a food for special milligrams for any person more than one mum daily requirements for vitamins and minerals may be regarded as such dietary use may depend on its suitability year of age, except any pregnant or lac­ as a food for infants. tating woman for whom 1.5 grams is the a safety factor. 73. The diet of infants is more re­ minimum daily requirement. 64. Such fractions may be disregarded in label statements without depriving the stricted than that of normal persons of 52. The minimum daily requirement other age groups and the suitability of for iron is 7.5 milligrams for a child purchaser of essential information. 65. The dietary requirements of age a food for infant use depends on its in­ more than one but less than six years gredients or character. of age, 10 milligrams for a person six or groups other than adults are usually esti­ mated by reference to adult intakes as a 74. Information necessary fully to in­ more years of age, except any pregnant form the purchaser of the value of a food or lactating woman for whom 15 milli­ standard. for such use includes the common or grams is the minimum daily requirement. 66. A statement of the proportion of usual name of each ingredient thereof. 53. The minimum daily requirement the minimum daily requirements of 75. Infants are more susceptible to al­ for iodine is 0.1 milligram for any person adults for vitamins and minerals suffices lergies resulting from plant or animal more than one year of age. to furnish full information as to such requirements for persons generally; but, substances than persons of other age 54. In order fully to inform purchasers groups. of the value of a food purporting to be where the food is for the use of a specific 76. Information concerning the source or represented for special dietary use by age group or groups, full information as of a food of plant or animal origin for pregnant or lactating women based in to its value for such use includes a state­ whole or in part on its mineral property ment of the proportion of the minimum use by infants is necessary properly to daily requirement for such vitamin or evaluate its suitability for use by par­ in respect of calcium, phosphorus, or iron, ticular infants. a statement of the proportion of the mineral for such age group or groups. 77. The value of an infant food may minimum daily requirement furnished 67. A food may have special dietary use depend upon its simulation of, or suita­ thereby must include the proportion for by reason of Its content of some vitamins bility as a complete or partial substitute such women. other than A, Bt, C, D, or riboflavin, or 55. Simple goiter is endemic to certain some minerals other than calcium, phos­ for, human milk. geographical areas in the United States, phorus, iron, or iodine. The minimum 78. Normal human milk contains ade­ because of the inadequacy of the iodine daily requirements and, in some cases, quate quantities of all the factors essen­ content of the water and other foods in the need in human nutrition for such tial to infant nutrition, except that its those areas. other substances have not been estab­ content of vitamin C, vitamin D, and iron 56. Federal and state public health lished by the opinion of experts qualified is insufficient in many cases to prevent authorities seek to encourage and in­ by scientific training and experience to scurvy, rickets, and nutritional anemia, crease the consumption of iodine in those determine such facts; but in the cases of respectively. areas. some such other substances there is sub­ 79. The value of a food as a complete 57. As a means of supplying adequate stantial, though inconclusive, support in or partial substitute for human milk in quantities of iodine to the diet in those the opinions of such experts of a deter­ infant feeding depends on its content of areas, such authorities have induced the mination of one or both of such facts. such factors as moisture, protein, fat, 5924 FEDERAL REGISTER, S atu rday, Novem ber 22, 1941 carbohydrates, crude fiber, calcium, for use in the control of body weight sweetener which should be used only by phosphorous, iron, and vitamins A, Bi, through regulating the intake of protein, persons who must restrict their intake of C, and D, and the calories supplied by fat, carbohydrates, or calories. ordinary sweets. such food. 88. The quantity and relative propor­ 99. The value of a food for special 80. Information necessary to evaluate tions of protein, fat, and carbohydrates, dietary use may depend on its hypoaller­ a food as a complete or partial substitute and the number of calories consumed, are genic property; that is, the absence of, or for human milk in infant feeding in­ important factors in the regulation of greatly reduced quantity of, a substance cludes a statement of the percent by body weight. which causes allergic reaction. weight of moisture, protein, fat, avail­ 89. The value of a food for special 100. Allergic effects are abnormal, able carbohydrates, crude fiber, calcium, dietary use may depend on its suitability toxic tissue disturbances and may be pro­ phosphorous, and iron, a statement of the for use in dietary management with re­ duced by any food constituent. number of available calories, and a state­ spect to disease through regulating the 101. Decrease of an allergenic constit­ ment of the number of units of vitamin intake of protein, fat, carbohydrates, or uent may be accomplished by treatment A, vitamin Bi, vitamin C, and vitamin D calories; such management is an im­ or processing of the constituent. supplied by the food.. portant factor in the treatment of many 102. When a food or ingredient is a 81. The most common dietary defi­ diseases. plant or animal substance the allergenic ciency diseases in infants are scurvy, 90. Some carbohydrate substances are property thereof is usually based on a rickets, and nutritional anemia, caused not digested or assimilated by the human specific factor, most frequently a protein, respectively by deficiencies of vitamin C, organism and supply no food energy. derivable only from the plant or animal vitamin D, and iron in human milk or Only the carbohydrates which may be which is its source. in preparations used as substitutes for digested and assimilated are available to 103. Persons subject to gastrointes­ human milk, including, among others, the metabolic processes of the organism. tinal allergic effects can avoid them only cows’ milk and evaporated milk in which 91. Carbohydrates which are non- by elimination of the allergenic sub­ the quantities of such substances have available to the metabolic processes have stances from their diets or by such a re­ not been increased. a theoretical caloric value but supply no duction thereof that the quantity is 82. Many purchasers are unaware of calories to the human organism. insufficient to produce the toxic dis­ the deficiencies in these respects of such 92. Information necessary for the pur­ turbances, and in some cases by hypo­ substitutes. chaser to evaluate a food for use in the sensitization measures. control of body weight, or in dietary 83. Such substitutes are customarily 104. Information necessary to inform diluted and mixed with a soluble car­ management with respect to disease, in­ cludes a statement on the label of the the purchaser of the value of a food for bohydrate for infant feeding. In the hypoallergenic use includes the follow­ proportions usually recommended by percent by weight of protein, fat, and available carbohydrates in such food and ing; The common or usual name and the pediatricians each 100 calories of the a statement on the label of the number quantity or proportion of each ingredi­ mixed substitute must contain 30 U. S. P. of available calories supplied by a speci­ ent,« in case it is fabricated from two or units of vitamin C, 50 U. S. P. units of fied quantity of the food. more ingredients; a qualification of the vitamin D, and 0.75 milligram of iron 93. The value of a food for special diet­ name of the food, in case it consists of to supply the minimum daily require­ ary use may depend on the presence a single ingredient, or of the name of ments of infants for such substances. therein of a constituent which is not each ingredient, in case it is fabricated 84. Where a food for use as a com­ utilized in normal metabolism and which from two or more ingredients, to reveal plete or partial substitute for human consequently has no nutritive value. the specific plant or animal which is the milk in infant feeding contains less than 94. Its use may be for the reduction of source of such food or such ingredient, if such quantities of vitamin C, vitamin D, caloric intake, as in the case of mineral such food or such ingredient consists in or iron, information necessary for the oil; for the promotion of laxation, as in whole or in part of plant or animal mat­ purchaser to determine the value of the the case of fibrous plant matter; or for ter and such name does not clearly re­ food includes a statement that such fac­ the satisfaction of taste desires without veal the specific plant or animal which is tors must be supplemented from other increasing food value, as in the case of such source; a statement indicating the sources. saccharin. nature and effect of any treatment or 85. The value of cows’ milk and evap­ 95. Information necessary to inform processing, if the changed allergenic orated milk used as a complete or par­ the purchaser of the value of a food for property results from such treatment or tial substitute for human milk in infant special dietary use by reason of its con­ processing. feeding is sufficiently well known that, tent of such a constituent includes a On the basis of the foregoing detailed aside from their deficiency in vitamin C, statement of the percent by weight of the findings of fact it is found and deter­ iron, and vitamin D when the quantity constituent in the food, preceded or fol­ mined that the label of a food which pur­ of vitamin D has not been adequately lowed by the word “nonnutritive”, except ports to be or is represented for special increased, a statement relative to their as hereinafter noted in Finding 98 with dietary uses by man should bear the in­ constituents is not necessary to inform regpect to saccharin. formation concerning the vitamin, min­ the purchaser of their value for such use. 96. If such constituent is fibrous plant eral, and other dietary properties of such 86. 135 U. S. P. units of vitamin D per matter it is commonly determined as and food prescribed in the regulations here­ quart of cows’ milk and 7.5 U. S. P. units expressed as crude fiber. inafter set forth, and that such informa­ per avoirdupois ounce of evaporated milk, 97. Saccharin, alone or in combination tion concerning such properties of such the equivalent of 135 units per quart of in a saccharin salt, is a nonnutritive, syn­ food is necessary in order fully to inform milk when the evaporated milk is recon­ thetic sweetening substance sometimes purchasers as to its value for such uses. stituted by the addition of water, being used to satisfy the psychological desire It is therefore, ordered, That the fol­ usually sufficient, when fed in customary for sweets in the diets of persons who lowing regulations be and they hereby quantities, for the prevention of clinical must restrict their intake of carbohy­ are promulgated: rickets in normal infants due to its drates. It has no other use as a food and Regulations greater efficacy in milk, a statement that is not utilized in normal metabolism. Sec. vitamin D must be supplied from other 125.01 Definitions and Interpretations oi 98. Information necessary to inform terms. sources is not necessary when the milk the purchaser of the value of a food for 125.02 General label statements. or evaporated milk contains such quan­ special dietary use by reason of its sac­ 125.03 Label statements relating to vita­ tities of vitamin D. charin content is a statement that it mins. 125.04 Label statements relating to minerals. 87. The value of a food for special contains a specified percent by weight 125.05 Label statements relating to infant dietary use may depend on its suitability of saccharin, a nonnutritive, artificial food. FEDERAL REGISTER, S atu rday, Novem ber 22, 1941 5925

Sec. Vitamin C (ascorbic acid), any such use is for treating any disease 125.06 Label statements relating to certain Vitamin D, or resulting from a dietary deficiency of any food used In control of body weight or in dietary management Riboflavin (vitamin B2, vitamin G), vitamin, the label shall bear a statement with respect to diseases. the label (except as hereinafter provided of the quantity of such vitamin in a 125.07 Label statements relating to non­ specified 'quantity of such food. If the nutritive constituents. with respect to cows’ milk and evaporated represented special dietary use of such 125.08 Label statements relating to hypo­ milk, and unless the exemption under allergenic food. food is solely for treating any such dis­ subparagraph (4) of this paragraph ap­ ease, such food shall be exempt from the § 125.01 Definitions and interpreta­ plies) shall bear a statement of the frro- labeling requirements of subparagraphs tions of terms, (a) The definitions and portion of the minimum daily require­ (1) and (2) of this paragraph when interpretations of terms contained in ment for such vitamin supplied by such otherwise applicable. section 201 of the Act shall be applicable food when consumed in a specified quan­ (4) Compliance with the provisions of also to such terms when used in these tity during a period of one day. If such subparagraphs (2) and (3) of this para­ regulations. purported or represented special dietary graph shall not be construed as reliev­ (b) Any requirement of the regula­ use is for persons within two or more ing any food which purports to be or is tions in this part with respect to the age groups for which minimum daily re­ represented for special dietary use by quantity of vitamin A means the biologi­ quirements are set forth in paragraph reason of its vitamin property from the cally measured activity of vitamin A and (b), such statement shall include such application of sections 403 (a) and 201 its precursors; but if any such precursor proportion for each such group; but if (n) of the Act, as in the case where the is sold as such or is added to a food the such use is for persons irrespective of age need for such vitamin in human nutri­ label shall designate such precursor by groups, such statement may be limited to tion is not substantially supported by the its common or usual name and not as the proportion of the minimum daily re­ opinion of experts qualified by scientific vitamin A. quirement set forth in paragraph (b) training and experience to determine (c) Specification in the regulations in for an adult. The quantity specified as such needs. this part of a quantity of any vitamin, above required shall be the quantity (b) For the purposes of the regula­ mineral, or other dietary property as a customarily or usually consumed during tions in this section the following are minimum daily requirement shall not a period of one day, or a quantity rea­ minimum daily requirements: be construed as a determination that sonably suitable for and practicable of consumption within such period. When (1) For vitamin A, 1,500 U. S. P. units such quantity is sufficient for the treat­ for an infant, 3,000 U. S. P. units for ment of any disease resulting from a de­ such proportion is a whole number and a fraction it may be expressed as the a child, 4,000 U. S. P. units for an adult. ficiency in such vitamin, mineral, or (2) For vitamin Bi (thiamine), 0.25 other property. whole number and the fraction may be disregarded. The foregoing require­ milligram (83 U. S. P. units) for an in­ (d) For the purposes of the regula­ fant, 0.5 milligram (167 U. S. P. units) tions in this part, the terms “infant”, ments of this paragraph shall not apply to cows’ milk and evaporated milk which for a child less than six years old, 0.75 “child”, and “adult” mean persons not milligram (250 U. S. P. units) for a child more than 12 months old, more than 12 purport to be or are represented for spe­ cial dietary use by reason of their con­ six or more years old, 1 milligram (333 months but less than 12 years old, and U. S. P. units) for an adult. 12 years or more old, respectively.* tent of vitamin D; but in the case of cows’ milk in which the vitamin D con­ (3) For vitamin C (ascorbic acid), 10 * §§ 125.01 to 125.08, inclusive, issued under tent has been increased by any means, milligrams (200 U. S. P. units) for an the authority contained in secs. 403 (j), infant, 20 milligrams (400 U. S. P. units) 701 (e), 52 Stat. 1048, 1055, 53 Stat. 561; 21 and in the case of evaporated milk with U.S.C., Sup. 343 (J), 371 (e), 5 US.C., Sup., increased vitamin D content as pre­ for a child, 30 milligrams (600 U. S. P. 133-133t, and Reorganization plans I, IV, 53 scribed in the definition and standard of units) for an adult. Stat. 1423, 54 Stat. 1234; 4 PH. 2727, 5 F.R. (4) For vitamin D, 400 U. S. P. units 2421. identity for evaporated milk (§ 18.520), the label shall bear a statement of the for an infant, child, or adult. § 125.02 General label statements, (a) number of U. S. P. units in a specified (5) For riboflavin (vitamin B2, vita­ If a food (including food to which any quantity of such milk or evaporated milk. min G), 0.5 milligram for an infant, 2.0 one or more of §§ 125.03 to 125.08, inclu­ In the case of cows’ milk in which the milligrams for an adult.* sive, of the regulations in this part is vitamin D content is increased to less § 125.04 Label statements relating to applicable) purports to be or is repre­ than 135 U. S. P. units to each quart, the minerals, (a) (1) If a food purports to sented for any special dietary use by man, label shall also bear a statement that be or is represented for special dietary its label shall bear a statement of the additional vitamin D should be supplied use by man by reason of its mineral dietary porperties upon which such use from other sources. property in respect of— is based in whole or in part. Such state­ (2) If a food purports to be or is rep­ Calcium, ment shall show the presence or absence resented for special dietary use by man of any substance, any alteration of the Phosphorus, by reason of its vitamin property in re­ Iron, or quantity or character of any constituent, spect of any vitamin not listed in sub- and any other dietary property of such paragraph (1) of this paragraph, the Iodine, food upon which such use is so based. label shall bear a statement of the quan­ the label (except as hereinafter pro­ (b) If a food (including food to which tity of such vitamin in a specified quan­ vided with respect to iodized salt, and any one or more of §§ 125.03 to 125.08, tity of such food. The quantity of food unless the exemption under subpara­ inclusive, of the regulations in this part specified as required herein shall be the graph (4) of this paragraph applies) is applicable) purports to be or is repre­ quantity customarily or usually con­ shall bear a statement of the proportion sented for special dietary use by reason sumed during a period of one day, or a of the minimum daily requirement for of its use for treating any disease result­ quantity reasonably suitable for and such element supplied by such food when ing from a dietary deficiency in man, its practicable of consumption within such consumed in a specified quantity during label shall bear, in addition to the infor­ period. If the need in human nutrition a period of one day. If such purported mation required under paragraph (a) for such vitamin has not been estab­ or represented special dietary use is for hereof, adequate directions for such use.* lished, the label shall also bear the state­ persons within two or more age groups § 125.03 Label statements relating to ment “The need fo r______in human or other groups having special dietary vitamins, (a) (1) If a food purports to nutrition has not been established,” the requirements, for which minimum daily be or is represented for special dietary blank to be filled in with the name of requirements are set forth in paragraph use by man by reason of its vitamin prop­ such vitamin. (b), such statement shall include such erty in respect of— (3) If a food purports to be or is rep­ proportion for each such group; but if Vitamin A or its precursors, resented for special dietary use by man such use is for persons irrespective of Vitamin Bi (thiamine), by reason of its vitamin property, and such groups, such statement may be lim- No. 227-----3 5926 FEDERAL REGISTER, Satu rday, Novem ber 22, 1941 ited to the proportion of the minimum pregnant or lactating woman in which ment with respect to disease, the label daily requirement set forth in paragraph case the minimum daily requirement is shall bear a statement of— (b) for an adult other than a pregnant 1.5 grams. or lactating woman. The quantity (a) the percent by weight of protein; (3) For iron (Fe), 7.5 milligrams for a fat, and available carbohydrates in such specified as above required shall be the child less than six years old, 10 milli­ food; and quantity customarily or usually con­ grams for a child six or more years old sumed during a period of one day, or a or for an adult, except a pregnant or (b) the number of available calories quantity reasonably suitable for and supplied by a specified quantity of such lactating woman in which case the mini- food.* practicable of consumption within such jmum daily requirement is 15 milligrams. period. When such proportion is a whole (4) For iodine (I), 0.1 milligram for a § 125.07 Label statements relating to number and a fraction it may be ex­ child or an adult.* nonnutritive constituents. If a food pur­ pressed as the whole number and the ports to be or is represented for special fraction may be disregarded. The fore­ §125.05 Label statements relating to dietary use by man by reason of the going requirements of this paragraph infant food. If a food which purports to presence of any constituent which is not shall not apply to iodized salt which pur­ be or is represented for special dietary utilized in normal metabolism, the label ports to be or is represented for special use is a food for infants, the label shall shall bear a statement of the percent by dietary use by reason of its iodine con­ bear, in case such food is fabricated from weight of such constituent, and, in juxta­ tent, if the label bears a statement of the two or more ingredients, the common or position with the name of such constit­ quantity or proportion of iodine, or salt usual name of each such ingredient in­ uent, the word “nonnutritive”. If such thereof, in the iodized salt and the quan­ cluding spice, flavoring, and coloring; if constituent is fibrous plant matter, it tity of iodine present therein is not more such food, or any ingredient thereof in shall be considered to be crude fiber and than 0.02 percent by weight. case it is fabricated from two or more its percent expressed as such. But if (2) If a food purports to be or is rep­ ingredients, consists in whole or in part such constituent is saccharin or a sac­ resented for special dietary use by man of plant or animal matter and the name charin salt, the label shall bear, in lieu by reason of its mineral property in re­ of such food or ingredient does not of such statement and word, the state­ spect of any element not listed in sub- clearly reveal the specific plant or animal ment “Contains___ saccharin (or sac­ paragraph (1) of this paragraph, the which is its source, such name shall be so charin salt, as the case may be), a non­ label shall bear a statement of the quan­ qualified as to reveal clearly the specific nutritive, artificial sweetener which tity of such element in a specified quan­ plant or animal which is such source. If should be used only by persons who must tity of such food. The quantity of food such use of the food is by reason of its restrict their intake of ordinary sweets”, specified as required herein shall be the simulation of human milk or its suita­ the blank to be filled in with the percent quantity customarily or usually consumed bility as a complete or partial substitute for human milk, the label shall also by weight of saccharin or saccharin salt during a period of one day, or a quantity bear. in such food. The provisions of this sec­ reasonably suitable for and practicable tion shall not be construed as authorizing of consumption within such period. If (a) a statement of the percent by the use of saccharin or its salts in any the need in human nutrition for such weight of moisture, protein, fat, available food other than one for use by persons element has not been established, the carbohydrate, crude fiber, calcium (Ca), who must restrict their intake of carbo­ label shall also bear the statement “The phosphorus (P), and iron (Fe) contained hydrates, or as relieving any food from need f o r ------in human nutrition in such food; compliance with any requirement of sec­ has not been established,” the blank to (b) a statement of the number of tions 402 (b) or (d), 403 (g), or other be filled in with the name of such ele­ available calories and of U. S. P. units of provisions of the Act.* ment. vitamin A, vitamin Bi (thiamine), vita­ § 125.08 Label statements relating to (3) If a food purports to be or is rep­ min C (ascorbic acid), and vitamin D hypoallergenic food. If a food purports resented for special dietary use by man supplied by a specified quantity of such to be or is represented for special dietary by reason of its mineral property, and food; and use by man by reason of the decrease or any such use is for treating any disease (c) If less than 30 U. S. P. units of absence of any allergenic property, the resulting from a dietary deficiency of any vitamin C (ascorbic acid), less than 50 label shall bear element, the label shall bear a statement U. S. P. units of vitamin D, or less than (a) the common or usual name and of the quantity of such element in a spec­ 0.75 milligram of iron (Fe), is supplied ified quantity of such food. If the rep­ the quantity or proportion of each in­ by the quantity of such food which, as gredient including spices, flavoring, and resented special dietary use of such food customarily or usually prepared for con­ is solely for treating any such disease, coloring, in case the food is fabricated sumption, supplies 100 available calories, from two or more ingredients; such food shall be exempt from the label­ a statement that additional quantities of ing requirements of subparagraphs (1) such vitamin or iron, as the case may be, (b) a qualification of the name of the and (2) of this paragraph when other­ food, or of the name of each ingredient should be supplied from other sources. thereof in case the food is fabricated wise applicable. The provisions of paragraphs (a) and (4) Compliance with the provisions of from two or more ingredients, to reveal (b) of this section shall not apply to clearly the specific plant or animal which subparagraphs (2) and (3) of this para­ cows’ milk and evaporated milk. The graph shall not be construed as relieving is the source of such food or of such in­ provisions of paragraph (c) of this sec­ gredient, if such food or such ingredient any food which purports to be or is rep­ tion with respect to vitamin D shall not resented for special dietary use by rea­ consists in whole or in part of plant or apply to cows’ milk or evaporated milk animal matter and such name does not son of its mineral property from the ap­ in which the vitamin D is increased by plication of §§ 403 (a) and 201 (n) of the clearly reveal the specific plant or ani­ any means to not less than 135 U. S. P. mal which is such source; and Act, as in the case where the need for units to each quart in the case of cows’ (c) a statement indicating the nature such element in human nutrition is not milk and not less than 7.5 U. S. P. units and effect of any treatment or processing substantially supported by the opinion of to each avoirdupois ounce in the case of of the food or any ingredient thereof, if experts qualified by scientific training evaporated milk.* and experience to determine such needs. the changed allergenic property results (b) For the purposes of the regula­ § 125.06 Label statements relating to from such treatment or processing.* tions in this section, the following are certain food used in control of body These regulations shall be effective minimum daily requirements: weight or in dietary management with from and after the 180th day from this respect to disease. If a food purports to day. (1) For calcium (Ca), 750 milligrams be or is represented for special dietary for a child or an adult, except a pregnant use by man by reason of its use as a W atson B. Miller, or lactating woman in which case the means of regulating the intake of pro­ Acting Administrator. minimum daily requirement is 1.5 grams. tein, fat, carbohydrate, or calories, for November 18, 1941. (2) For phosphorus (P), 750 milli­ the purpose of controlling body weight, [F. R. Doc. 41-8701; Filed, November 21, 1941; grams for a child or an adult, except a or for the purpose of dietary manage­ 11:48 a. m.] FEDERAL REGISTER, Saturday, Novem ber 22, 1941 5927

TITLE 22—FOREIGN RELATIONS poses of business or pleasure cruise on well as their attendants, servants, and employees who have been notified to and CHAPTER I—DEPARTMENT OP tidal waters beyond the shoreline or on the Great Lakes. recognized by the Secretary of State: STATE (e) The term “airman” includes any Provided, That any such person shall Subchapter A—T he Department alien pilot, navigator, aviator, or other obtain an exit visa from the Chief or Acting Chief of the Visa Division of the part 58—CONTROL OP PERSONS ENTERING alien person operating or employed on any aircraft. Department of State, or from another AND LEAVING THE UNITED STATES PURSU­ officer authorized by him. An exit visa ANT TO THE ACT OP MAY 22, 1918, AS (f) The term “departure-control offi­ cer” means any employee of the Immigra­ shall be subject to verification in the AMENDED tion and Naturalization Service assigned discretion of a departure-control officer Aliens Leaving to supervise the departure of aliens from at the port of departure, if he has reason the United States, or any person assigned to question the authenticity of such exit 68.21 Definitions. by the chief executive officers of the Pan­ visa; 98.22 Permits to depart required. ama Canal Zone, Guam, or American (b) Canadian citizens or British sub­ 58.23 Aliens exempted from obtaining per­ jects lawfully domiciled in Canada or mits to depart. Samoa to such duties in those territories, 58.24 Refusal of permission to depart. or any person designated by the United in the United States departing across the 58.25 Classes of aliens not entitled to de­ States High Commissioner to the Philip­ border between the Unted States and part. Canada; 58.26 Departure from the Panama Canal pine Islands after consultation with the Zone. military and naval authorities of the (c) Aliens in possession of border­ 58.27 Departure from the Philippine Islands. United States and the Government of crossing identification cards, departing 58.28 Authority to make additional regula­ the Commonwealth of the Philippines. across the border between the United tions. 58.29 Departure not permitted in special (g) The term “permit-issuing author­ States and Canada; cases. ity” means the Secretary of State, the (d) Mexican citizens lawfully domi­ 58.30 Departure permitted in special cases. chief executive officer of Alaska, of Ha­ ciled in Mexico or in the United States, 58.81 Applications for permits to depart. departing across the border between the 58.82 Effective date. waii, of Puerto Rico, of the Virgin Islands, of the Panama Canal Zone, of Guam, or United States and Mexico; § 58.21 Definitions. For the purposes of American Samoa, or the United States (e) Aliens who have entered the of these regulations: High Commissioner to the Philippine United States with limited entry certifi­ (a) The term “United States” includes Islands acting in consultation with the cates and who are departing within the the States, the District of Columbia, military and naval authorities of the limits of the period for which they were Alaska, the Panama Canal Zone, the United States in the Philippine Islands admitted; Philippine Islands, Hawaii, Puerto Rico, and with the Government of the Com­ (f) Alien seamen: Provided, That, in the Virgin Islands, Guam, American Sa­ monwealth of the Philippines. addition to complying with all other laws moa, and all territory and waters, con­ (h) The term “permit to depart” and regulations, they submit a passport, means a copy of the application for a or document in the nature of a passport, tinental or insular, subject to the juris­ establishing their identity and national­ diction of the United States. permit to depart as described hereinafter (b) The term “continental United in these regulations, duly executed by ity (unless such document is waived by States” includes the territory of the sev­ the alien, approved and appropriately the Secretary of State), and also, where endorsed by the Secretary of State. departure is from a port in continental eral States, the District of Columbia, and United States, the Virgin Islands, Puerto Alaska. (i) The term “port of departure” means a port in continental United Rico, or Hawaii, an alien registration- (c) The term “depart from the United receipt card: Provided further, That they States” includes any departure by land, . States, the Virgin Islands, Puerto Rico, or Hawaii designated as a port of entry by meet such other requirements as may water, or air, from any place included be prescribed by the Commissioner of in the United States to any place outside the Attorney General or by the Commis­ Immigration and Naturalization, or the of the United States, or from one port or sioner of Immigration and Naturaliza­ tion, or a port in Guam, American Sa­ appropriate permit-issuing authorities terminus of the United States to another in the Panama Canal Zone, Guam, port or terminus of the United States, moa or the Panama Canal Zone desig­ nated by the chief executive officer there­ American Samoa, or the Commonwealth including any trip or journey on or over of the Philippines; the Great Lakes or their connecting of, or any port in the Philippine Islands (g) Aliens who have received commu­ waters, any rivers or other waters coin­ designated by the permit-issuing author­ nications from an American consular of­ ciding with or covering the boundary of ity therein.* ficer in foreign contiguous territory to the United States, tidal waters beyond *§§ 58.21 to 58.32, Inclusive, issued pursu­ the effect that the documents submitted the shoreline of the United States, the ant to tbe authority contained in Proc. 2523, by them to the consular officer are suffi­ said shoreline being hereby defined as November 14, 1941, 6 P.R. 5821, under the act approved May 22, 1918, as amended by ciently in order to warrant the alien’s the line of seacoast and the shores of all the act approved June 21, 1941 (40 Stat. 559; personal appearance at the consular of­ waters of the United States and its terri­ Public Law 114, 77th Cong., 55 Stat. 252). fice in connection with an application torial possessions connected with the high § 58.22 Permits to depart required. for an immigration visa; seas: Provided, however, That no trip or No alien shall hereafter depart from the (h) Aliens who present valid re-entry journey upon a public ferry, passenger United States except at a port of depar­ permits issued with the concurrence of vessel sailing coastwise on fixed sched­ ture and unless there has been issued the Secretary of State as to destination; ules, excursion vessel, or aircraft, having in accordance with these regulations a (i) Aliens ordered deported from the both termini in the continental United valid permit to depart or he is exempted United States or aliens under deporta­ States or in any one of the other parts under these regulations from obtaining tion proceedings who are given permis­ of the United States specified in para­ a permit to depart.* sion to depart at their own expense in graph (a) of this section and not touch­ § 58.23 Miens exempted from ob­ lieu of deportation to a specified destina­ ing foreign territory or waters, shall be taining permits to depart. The follow­ tion and are departing to such destina­ deemed a departure from the United States. ing classes of aliens shall not be re­ tion; - (d) The term “seaman” includes every quired to obtain permits to depart: (j) Immigrant aliens lawfully admit­ alien signed on the ship’s articles and (a) Accredited diplomatic, consular, ted into the United States who pass in employed in any capacity on board any and other officers of foreign governments direct transit, without stop-over, through vessel arriving in or departing from the recognized by the United States who foreign contiguous territory from one United States, as well as sea-going fish­ have been accorded recognition as such part of the United States to another by ermen and all owners, masters, officers, by the Secretary of State, such recogni­ means of a transportation line which members of crews, and other alien per­ tion not having been withdrawn, and the runs through the territory or waters of sons employed on vessels which for pur­ members of the family of such officers, as both countries; 5928 FEDERAL REGISTER, Saturday, Novem ber 22, 1941

(k) An alien arriving at a seaport in tunity existed to obtain a passport or (d) Any alien departing from the Canada, passing in direct transit by con­ visa; United States for the purpose of en­ tinuous journey through the United (11) Citizens of Mexico resident in the gaging in, or who is likely to engage in, States to a destination in Canada by continental United States departing activities which would obstruct, impede, means of a transportation line which from the United States to Mexico in ur­ retard, delay, or counteract the effec­ runs through the territory of both coun­ gent cases such as those involving serious tiveness of any plans made or steps taken tries; illness or death where no opportunity by any country of the Western Hemi­ (l) Aliens who presented valid transit existed to obtain a border-crossing iden­ sphere in the interest of the common certificates in entering the continental tification card; defense of the countries of such hemi­ United States after the effective date of (12) Naval personnel of foreign gov­ sphere; these regulations: Provided, That any ernment-owned vessels of war; (e) Any alien departing from the such alien is passing through the con­ (13) British subjects domiciled in the United States for any country for the tinental United States in continuous British Virgin Islands and French citi­ purpose of organizing in, or directing transit, remaining in the continental zens domiciled in the French island of from, such country, any rebellion, insur­ United States no longer than necessary St. Bartholomew who were admitted into rection, or violent uprising in, or against, for such continuous transit, and submits the Virgin Islands for business or pleas­ the United States, or of waging war to the immigrant inspector at the port of ure for a period of less than 30 days on against the United States, or of destroy­ arrival three copies of his itinerary to any one visit; ing sources of supplies or material vital the port of departure, one copy of which (14) Aliens residing in the Virgin to the national defense of the United shall be transmitted immediately to the Islands who have occasion to proceed States or to the effectiveness of the meas­ port of departure for verification of the temporarily to the British Virgin Islands ures adopted by the United States for the transit journey and one copy to the Sec­ or to the French Island of St. Barthol­ defense of any other country; retary of State: And provided further, omew; (f) Any alien who is a fugitive from That there has been no deviation or delay (15) Officials of the national Govern­ justice on account of an offense punish­ in the transit journey without the con­ ment of Canada or Mexico who enter the able in the United States; sent of the Secretary of State or the United States temporarily for business (g) Any alien whose presence is Attorney General; or pleasure; needed as a witness in, or as a party to, (m) Aliens of the following classes, de­ any criminal case pending in a Federal parting from the United States after hav­ (16) Aliens who are members of the court or which is under investigation; ing been admitted under waiver of armed forces of the United States and (h) Any alien who is registered or en­ documents, as members of such classes: who are travelling under orders.* rolled, or who is subject to registration or (1) Aliens proceeding in continuous § 58.24 Refusal of permission to de­ enrolment, for military service in the travel from Patterson, British Colum­ part. No permit to depart, exit visa, United States and who shall not have bia, to Laurier, British Columbia; border-crossing identification card, re­ obtained the consent of the Secretary of entry permit, preexamination border­ War or of his local draft board to depart (2) Non-immigrant aliens residing in crossing identification card, authoriza­ remote sections of Canada who entered from the United States.* tion for voluntary departure in lieu of § 58.26 Departure from the Panama Alaska temporarily as visitors or as tran­ deportation, or other document facilitat­ sients and who were unable without Canal Zone. In addition to all applicable ing departure shall be issued to an alien restrictions upon departures from the undue inconvenience to obtain passports if the issuing authority has any reason and visas; United States hereinbefore set forth and to believe that the departure will be which may he required by the permit­ (3) Aliens lawfully residing in remote prejudicial to the interests of the United sections of Alaska who desire to enter issuing authority, all aliens before de­ States.* parture from the Panama Canal Zone Canada for a temporary period; § 58.25 Classes of aliens not entitled to (4) Officers and employees of the In­ shall comply with such additional regu­ depart. The departure of an alien who lations concerning the place and method ternational Boundary Commissions who is within one or more of the following are citizens of Canada or Mexico and of departure and method and route of categories shall be deemed to be preju­ travel through the Zone to the place of who entered the United States tempo­ dicial to the interests of the United rarily from Canada or Mexico in con­ departure as may be required by the per­ States, for the purposes of these regu­ mit-issuing authority in the Canal Zone.* nection with their official duties; lations: § 58.27 Departure from the Philippine (5) Immigration and customs officers Islands. In addition to all applicable of the Canadian and Mexican Govern­ (a) Any alien who, without authoriza­ tion of this Government, is in possession restrictions upon departure from the ments who entered the United States United States hereinbefore set forth and temporarily in the performance of their of secret information concerning the plans, preparations, equipment, or estab­ which may be required by the permit­ official duties; issuing authority, all aliens before de­ (6) Employees of the Mexican Postal lishments for the national defense of the United. States; parture from the Philippine Islands shall Service assigned to border areas who en­ comply with sjich reasonable additional tered the United States temporarily in (b) Any alien who, is without author­ ization by this Government, is carrying rules and regulations, not inconsistent the performance of their official duties; herewith, as may be promulgated by the (7) Fire-fighting groups who entered any secret message to a foreign govern­ ment, or to any officer or employee United States High Commissioner to the the United States temporarily for fire­ Philippine Islands, acting in consultation fighting activities; thereof, either directly or indirectly, con­ cerning the plans, preparations, equip­ with the military and naval authorities (8) Members of the Plant Protection of the United States and the Govern­ Division of the Canadian Department of ment, or establishments for the national defense of the United States; ment of the Commonwealth of the Phil­ Agriculture who entered the United ippines, concerning the place and meth­ States temporarily in connection with (c) Any alien departing from the United States for the purpose of engag­ od of departure and mode and route of their official duties; travel through the Philippine Islands to (9) Canadian law-enforcement offi­ ing in, or who is likely to engage in, activ­ the place of departure required by the cers who entered the United States tem­ ities designed or likely to obstruct, im­ permit-issuing authority in the Philip­ porarily in connection with their official pede, retard, delay, or counteract the pine Islands.* duties; effectiveness of the national defense of § 58.28 Authority to make additional (10) Residents of Canada or Mexico the United States or the measures regulations. The permit-issuing author­ who entered the United States temporar­ adopted by the United States in the pub­ ities in the Panama Canal Zone and the ily in urgent cases such as those involving lic interest or for the defense of any other Philippine Islands are hereby authorized serious illness or death, where no oppor­ country; to make such additional rules and regu- FEDERAL REGISTER, Saturday, N ovem ber 22, 1941 5929 lations, including limitations and excep­ be designated, for a permit to depart (f) A permit to depart shall be revo­ tions of a procedural character, govern­ from the United States aS follows: cable at any time before departure of the ing departure from the Panama Canal (a) Blank application forms for per­ alien in whose case such permit shall Zone and the Philippine Islands as they mits to depart may be obtained from the have been granted. The Secretary of may deem necessary in the public in­ Visa Division, Department of State, State reserves the power to revoke a terest.* Washington, D. C., or from an office of permit which has been issued by any § 58.29 Departure not permitted in the Immigration and Naturalization permit-issuing authority. special cases, (a) Any departure-con­ Service, or from a permit-issuing author­ (g) No permit to depart from the trol officer or other authorized official in ity in the outlying possessions of the United States shall be construed as a per­ any individual case may require any United States. Applications should be mit to enter any place in the United alien, or person he believes to be an alien, mailed at least 30 days before the date States.* departing or attempting to depart even of intended departure in order that any § 58.32 Effective date. These regula­ if such person has a permit to depart, to delay in departure may be avoided. submit for official inspection all docu­ tions shall become effective on December ments, articles, or other things which are (b) Applications for permits to de­ 1, 1941.* being removed from the United States part from the continental United States, [seal] Cordell H xjll, upon, or in connection with, such per­ excepting Alaska, shall be made to the Secretary of State. Secretary of State, Washington, D. C. Concurred in by: son’s departure. All other applications for permits to de­ (b) Any departure-control officer or F rancis Biddle, part shall be made to the appropriate Attorney General. other authorized official shall temporar­ permit-issuing authority specified in ily prevent the departure of any person these regulations. Applications for per­ November 19, 1941. of the class mentioned in the preceding mits to depart shall be made upon Form [F. R. Doc. 41-8682; Filed, November 21, 1941; paragraph if such person refuses to sub­ AD-1 prescribed by the permit-issuing 10:27 a. m.] mit to such official inspection, or if the authority and executed strictly in accord­ officer or official believes the departure ance with the instructions issued there­ of such person would under these regu­ with, including the furnishing of photo­ PART 58—CONTROL OP PERSONS ENETRING lations be prejudicial to the interests of AND LEAVING THE UNITED STATES PURSU­ the United States, or if directed by the graphs. (c) A married woman accompanying ANT TO THE ACT OP MAY 22, 1918, AS Secretary of State or the Attorney Gen­ AMENDED eral to prevent such departure. In every her husband, or a child or children under such case the officer or other official pre­ 14 years of age accompanying either Aliens Entering parent or both parents, may be included Sec. venting departure shall temporarily take 58.41 Definitions. possession of any travel document pre­ in the permit granted to the husband 58.42 Permits to enter required. sented by the alien. Such action shall or parent, and in such case the wife or 58.43 Permits to enter not a guarantee of be reported immediately by the depart­ child will not be required to make a sep­ admission. arate application. Group photographs 58.44 Immigrants not required to obtain * ure-control officer to the head of his De­ permits to enter. partment with a full statement of the may be used in such cases. 58.45 Non-immigrants not required to ob­ facts. An individual so temporarily pro­ (d) Any attempt by an applicant to tain permits to enter. depart from the United States before 58.46 Refusal of permission to enter. hibited from departing shall not be 58.47 Classes of aliens whose entry Is permitted to depart and shall not be action has been taken on his application, deemed to be prejudicial to the entitled to the benefits of any exemp­ or after a permit has been denied, may public interest. subject the applicant to the penalties 58.48 Aliens leaving close relatives in cer­ tions or limitations hereinbefore provided tain foreign countries. unless the Secretary of State is satisfied provided in the act of May 22, 1918, as 58.49 Permission to enter the Panama that the departure of such person would amended by the act of June 21, 1941. Canal Zone, Guam, American Sa­ not be prejudicial to the interests of the (e) If the application for permission moa, and the Philippine Islands. to depart is approved the applicant will 58.50 Entry not permitted in special cases. United States.* 58.51 Procedure for Issuance of permits to § 58.30 Departure permitted in special be notified, and one copy of the applica­ enter. cases, (a) Notwithstanding the pro­ tion, appropriately endorsed, which shall 58.52 Additional requirements for officials thereupon become the permit to depart, of foreign governments. visions of these regulations the Secretary 58.53 Additional requirements for aliens in of State may, in any individual case, au­ will be forwarded to the appropriate de­ transit. thorize the issuance of a permit to depart parture-control officer at the port or 58.54 Additional requirements for alien to any alien or may allow any alien to place from which the applicant has stated seamen. 58.55 Exceptions from requirements of ad­ depart without a permit if he deems such in his application that he intends to visory opinions. action to be in the interests of the United depart. Upon the applicant’s personal 58.56 Sponsorship of applicants. States. appearance before such departure-con­ 58.57 Procedure in formulating advisory (b) A departure-control officer may trol officer, indicated in the notification opinions. grant any airman emergency permission to the applicant, and upon the identifica­ 58.58 Effective date. to depart, but in all such cases a copy of tion of such applicant by the departure- § 58.41 Definitions. For the purposes the airman’s application shall be for­ control officer, to whom the applicant of these regulations: warded immediately to the appropriate shall surrender notification received, the (a) The term “United States” includes permit-issuing authority or to the Secre­ departure-control officer may permit such the States, the District of Columbia;, tary of State. Such emergency permis­ applicant' to depart from the United Alaska, the Panama Canal Zone, the sion shall not be granted unless the de­ States and shall verify such departure. Philippine Islands, Hawaii, Puerto Rico, parture-control officer is satisfied that The departure-control officer shall there­ the Virgin Islands, Guam, American Sa­ such departure would not endanger the upon place a notation or certification on moa, and all territory and waters, con­ public safety or be prejudicial to the the permit concerning the alien’s depart­ tinental or insular, subject to the juris­ interests of the United States.* ure and forward such permit, together diction of the United States. § 58.31 Applications for permits to with the notification surrendered by the (b) The term “continental United depart. Except in cases for which spe­ alien, to the Secretary of State, Washing­ States” includes the territory of the sev­ cial procedure has hereinbefore been ton, D. C. Under no circumstances eral States, the District of Columbia, and provided and cases in which permits to should an alien to whom a departure Alaska. depart are not required by these regula­ permit has been granted be permitted to (c) The term “permit to enter” means tions, any alien desiring to depart from take such permit out of the United States an immigration visa, a re-entry permit, the United States shall apply to the Sec­ or to have such permit in his possession a passport visa, a transit certificate, a retary of State, or to such officer as may while in the United States. limited-entry certificate, a border-cross- 5930 FEDERAL REGISTER, Saturday, N ovem ber 22, 1941 ing identification card, a crew-list visa, be admitted into the United States even (h) Alien members of the armed or any other document which may be if he is in possession of an unexpired per­ forces of the United States, provided they required under authority of law for entry mit to enter.* are in uniform or bear documentation into the United States. § 58.44 Immigrants not required to identifying them as members of the (d) The term “permit-issuing author­ obtain permits to enter. Pursuant to the armed forces; ity” means a diplomatic, consular, or provisions of section 30 of the Alien Reg­ (i) Individual cases considered by the other officer of the United States author­ istration Act, 1940 (54 Stat. 673; 8 U.S.C. Department of Justice to be within the ized to issue immigration visas, passport 451), Executive Order 8766 of June 3, provisions of section 13 (b) of the Im­ visas, crew-list visas, transit certificates, 1941, and the proclamation of the Presi­ migration Act of 1924 may be submitted limited-entry certificates, or non-resi­ dent hereinbefore mentioned, the follow­ to the Secretary of State for considera­ dent border-crossing identification cards, ing classes of immigrants are not tion of a waiver of documents in each or an officer of the Immigration and required to obtain permits to enter and case.* Naturalization Service authorized to issue the requirements of immigration visas, § 58.45 Non-immigrants not required re-entry permits, or border-crossing which constitute permits to enter in re­ to obtain permits to enter. Pursuant tq Identification cards. spect of immigrants, and passports, are the provisions of section 30 Of the Alien (e) The term “entry into the United waived in the following emergency cases,: Registration Act, 1940 (54 Stat. 673; 8 States” includes any entry by land, water, (a) An alien immigrant child born U.S.C. 451), Executive Order 8766 of June or air, from any place outside of the subsequent to the issuance of the immi­ 3, 1941, and the proclamation of the United States into any place included gration visa of an accompanying parent, President hereinbefore mentioned, the within the United States, or from any the visa not having expired; following classes of non-immigrants are outlying possession of the United States (b) An alien immigrant child born not required to obtain permits to enter into the mainland, or from the mainland during the temporary visit abroad of an and the requirements of non-immigrant into any outlying possession, or from one alien mother who has previously been visas, border-crossing identification outlying possession into another. legally admitted into the United States cards, transit certificates, and limited- (f) The term “seaman” includes every for permanent residence, provided the entry certificates, which constitute per­ alien signed on the ship’s articles and em­ child is accompanying a parent admis­ mits to enter in respect of non-immi­ ployed in any capacity on board any ves­ sible to the United States, and applica­ grants, are waived in the following classes sel arriving in the United States from tion is made for admission into the of emergency cases: any place outside of the United States. United States within a period of two (a) Canadian railway-mail clerks en­ (g) The term “airman” includes any years after the date of birth; tering in connection with their official alien pilot, navigator, aviator, or other (c) An immigrant alien lawfully ad­ duties, provided they carry documents alien person operating or employed on mitted into the United States who passes identifying them as such; any aircraft. in direct transit, without stop-over, (b) Aliens residing in remote sections (h) The term “port of entry” means a through foreign contiguous territory of Canada and_ entering Alaska tem­ port in the continental United States, the from one part of the United States to porarily as visitors or as transients, who Virgin Islands, Puerto Rico, or Hawaii another by means of a transportation are unable without undue incônvenience designated as a port of entry by the At­ line which runs through the territory to obtain passports and visas; torney General or the Commissioner of or waters of both countries; (c) Members of the staff of the Inter­ Immigration and Naturalization, or such (d) An alien immigrant who has pre­ national Fisheries Commission and the ports in the Panama Canal Zone, Guam, viously been legally admitted into the International Pacific Salmon Fisheries and American Samoa as may be desig­ United States for permanent residence Commission entering the United States nated by the Governors thereof, or a port and who is proceeding by vessel or air­ temporarily in connection with the per­ in the Philippine Islands designated by plane from the mainland to an insular formance of their official duties, provided the United States High Commissioner to possession or from an insular possession they carry documents bearing photo­ the Philippine Islands, after consulta­ to the mainland or from one mainland graphs and identifying them as members tion with the military and naval author­ port to another, without stop-over, al­ of the staff of the Commissions; ities of the United States and the Gov­ though touching at a foreign port; (d) Officers and employees of the In­ ernment of the Commonwealth of the (e) An alien immigrant who has pre­ ternational Boundary Commissions who Philippines.* viously been legally admitted into the are citizens of Canada or Mexico enter­ *§§ 58.41 to 58.58, inclusive, issued pursu­ United States for permanent residence ing the United States temporarily from ant to the authority contained in Proc. 2523, reentering from a journey beginning in Canada or Mexico in connection with November 14, 1941, 6 F.R. 5821, under the act approved May 22, 1918, as amended by the an American port without transship­ their official duties; act approved June 21, 1941 (40 Stat. 559; Pub­ ment from the original vessel to another (e) Immigration and customs officers lic Law 114, 77th Cong., 55 Stat. 252), and by vessel; of the Canadian and Mexican Govern­ virtue of the authority contained in the Im­ migration Act approved May 26, 1924 (43 (f) An alien immigrant lawfully ad­ ments entering the United States tempo­ Stat. 153), as amended, section 30 of the Alien mitted into the United States and re­ rarily in the performance of their official Registration Act, 1940 (54 Stat. 673), and turning from a visit not exceeding 30 duties; Executive Order 8766 of June 3, 1941. days to contiguous territory where, be­ (f) Employees of the Mexican Postal § 58.42 Permits to enter required. cause of urgency such as one involving Service assigned to border areas entering No alien shall hereafter enter the United serious illness or death, no opportunity the United States temporarily in the States (a) except at a port of entry des­ existed to obtain a reentry permit or a performance of their official duties, who ignated as such by the Commissioner of resident alien’s border-crossing identi­ have credentials establishing their iden­ Immigration and Naturalization or other fication card prior to departure from the tity and their official duties in the region authorized official and (b) unless he is United States; of the border; in possession of a valid unexpired permit (g) Aliens, occupationally seamen, (g) Fire-fighting groups entering the to enter or is exempted under these reg­ previously lawfully admitted for perma­ United States temporarily for fire-fight­ ulations from presenting a permit to nent residence, who have not relinquished ing activities; enter.* their domicile in the United States and (h) Members of the Plant Protection § 58.43 Permits to enter not a guar­ who are returning to the United States Division of the Canadian Department of antee of admission. No alien who is in­ in accordance with the terms of the Agriculture entering the United States admissible into the United States under articles of outward voyage, or in accord­ temporarily in connection with their the provisions of the immigration laws ance with and following the terms of official duties; and regulations, or other laws and. regu­ their discharge before an American con­ (i) Canadian law-enforcement officers lations, including these regulations, shall sular officer; entering the United States temporarily FEDERAL REGISTER, Saturday, N ovem ber 22, 1941 5931 in connection with their official duties of their calling as seamen, if arriving in of the United States, the Attorney Gen­ and possessing identification as such; the United States under the following eral may, after consultation with the Sec­ (j) Residents of Canada or Mexico en­ circumstances: retary of State, authorize issuance of the tering the United States temporarily in (1) Seamen who were members of the permit if he is satisfied that entry of the urgent cases, such as those involving crew of an American vessel which has alien would not be prejudicial to the in­ serious illness or death, where no op­ been sold and delivered abroad, when the terests of the United States. If a permit portunity exists to obtain a passport or a contract of employment provides for the is refused by any other officer of the visa, a border-crossing identification return of the crew or when the laws of United States authorized to issue docu­ card, or a limited-entry certificate; the United States provide for their return ments constituting permits to enter un­ (k) Canadian citizens entering for a to an American port; der these regulations, the Secretary of temporary stay of less than thirty days (2) Shipwrecked or cast-away seamen State, or an official designated by him, at Point Roberts, Washington; rescued by, or transferred at sea to, a may authorize the issuance of a permit (l) Naval personnel of foreign govern­ vessel bound for an American port; to enter if he is satisfied that the entry ment-owned vessels of war; (3) Seamen who are American consu­ of the alien will not be prejudicial to the (m) British subjects domiciled in the lar passengers or who are repatriated interests of the United States. The re­ British Virgin Islands and French citi­ without expense to the United States port of a refusal of a permit to enter zens domiciled in the French Island of Government following, and in accordance made to the head of a department other St. Bartholomew, seeking admission into with the terms of, their discharge in a than the Secretary of State shall be the Virgin Islands for business or pleas­ foreign port before an American consu­ communicated to the Secretary of State.* ure for a period of less than thirty days lar officer; § 58.47 Classes of aliens whose entry on any one visit; is deemed to be prejudicial to the public (n) Aliens residing in the Virgin (x) Seamen, entering temporarily as interest. The entry of an alien who is Islands who have occasion to proceed such, who are members of the crew of a within one of the following categories temporarily to the British Virgin Islands vessel arriving from a port at which there shall be deemed to be prejudicial to the or to the French Island of St. Bartholo­ is no American consul and the master interests of the United States for the of the vessel was unable to obtain a purpose of these regulations: mew; crew-list visa from a nearby consular (o) Responsible officials of the na­ officer without undue delay of the ves­ (a) Any alien who belongs to one of tional governments of Canada or Mex­ sel’s departure; the classes specified in the act of October ico, who proceed unexpectedly to the (y) Members of the crew of a vessel 16, 1918 (40 Stat. 1012) as amended; border and who seek to enter the United operating on a regular service between (b) Any alien who is a member of, States temporarily for business or pleas­ a port in Florida and Habana, Cuba, en­ affiliated with, or may be active in the ure; tering temporarily as seamen, are ex­ United States in connection with or on (p) Special cases of unforeseen emer­ behalf of a political organization associ­ gency in which the Secretary of State is empt from the crew-list visa require­ ment, except that a new crew-list visa ated with or carrying out the policies of satisfied that the aliens concerned are any foreign government opposed to the entering temporarily and have had no must be presented (1) to cover the first trip each month of each such vessel and measures adopted by the Government of reasonable opportunity to procure ap­ (2) to cover an additional seaman who is the United States in the public interest propriate documents; signed on as a member of the crew dur­ or in the interest of national defense or (q) A national of a contiguous coun­ in the interest of the common defense try passing in direct transit, without ing the month; (z) Members of the crews of vessels of the countries of thè Western Hemi­ stop-over, from the country of residence sphere; through the United States back to the sailing between ports of the United States and Canada or Newfoundland which do (c) Any alien in possession of, or seek­ country of residence, by means of a ing to procure, unauthorized secret in­ transportation line which runs through not touch at ports of other countries, who are entering the United States tempo­ formation concerning the plans, prep­ the territory or waters of both countries; rarily as seamen, are exempt from the arations, equipment, or establishments (r) An alien arriving at a seaport in for the national defense of the United Canada passing in direct transit by con­ crew-list visa requirement; (aa) An alien lawfully admitted to the States; tinuous journey through the United (d) Any alien engaged in activities de­ States to a destination in Canada, by United States as a non-immigrant who is proceeding by vessel or airplane from signed to obstruct, impede, retard, delay, means of a transportation line which the mainland to an insular possession or counteract the effectiveness of the runs through the territory of both coun­ measures adopted by the Government of tries; or territory or from an insular possession or territory to the mainland or from one the United States for the defense of the (s) Persons proceeding in continuous United States or for the defense of any travel from Patterson, British Columbia mainland port to another, without stop­ over, although touching at a foreign port; other country; to Laurier, British Columbia; (e) Any alien engaged in activities de­ (t) A non-immigrant alien child born (bb) Persons presenting certificates of identity issued by American consular signed to obstruct, impede, retard, delay, subsequent to the issuance of the pass­ or counteract the effectiveness of any port visa of an accompanying parent, officers under the provisions of section 503 of the Nationality Act of 1940 and the plans made or steps taken by any coun­ the visa not having expired; try of the Western Hemisphere in the in­ (u) Residents of the Fiji Islands and regulations isued thereunder (see 22 CFR 19.18-19.29).* terest of the common defense of the coun­ remote Pacific islands who, after arrival tries of such Hemisphere; at ports of entry in Hawaii or on the § 58.46 Refusal of permission to enter. (f ) Any alien engaged in organizing or Pacific Coast are found by the Immigra­ (a) No permit to enter shall be issued to directing any rebellion, insurrection, or tion authorities to be classifiable as bona any alien if the issuing authority has violent uprising against the United fide non-immigrant temporary visitors reason to believe that the entry of the States; under section 3 (2) of the Immigration alien would be prejudicial to the interests (g) Any alien engaged in a plot or Act of 1924 or as transients under section of the United States. plan to destroy materials or sources 3 (3) of the act; (b) The permit-issuing authority shall thereof vital to the defense of the United (v) Canadian seamen sent forward to report the refusal of a permit to the head States; join vessels in ports of the United States, of his department. If a permit is refused (h) Any alien whose admission would provided they present seamen’s identifi­ by an officer of the Immigration and Nat­ endanger the public safety, as provided cation cards; uralization Service of the Department in any Executive order issued in pursu­ (w) Seamen whose occupational status of Justice on the ground that he has ance of the act of Congress approved as such is found to be bona fide, seeking reason to believe that the entry of the June 20, 1941 (Public Law 113, 77th admission as passengers solely in pursuit alien would be prejudicial to the interests Cong.) ; 5932 FEDERAL REGISTER, S atu rday, Novem ber 22, 1941 (1) Any alien who is not within one (b) In the case of an alien temporarily journey and departure, and one copy to or more of the foregoing classes, but in excluded by an official of the Department the Secretary of State. No deviation or whose case circumstances of a similar of Justice on the ground that he is or delay in the transit journey will be per­ character may be found to exist, which may be within one or more of the cate­ mitted without the consent of the Sec­ render the alien’s admission prejudicial gories set forth in § 58.47, no hearing by retary of State or the Attorney General.* to the interests of the United States, a board of special inquiry shall be held § 58.54 Additional requirements for which it was the purpose of the act of until after the case is reported to the alien seamen. In addition to all other June 21, 1941 to safeguard.* Attorney General and such a hearing is requirements, no non-resident alien sea­ § 58.48 Aliens leaving close relatives directed by the Attorney General or his man employed on any vessel arriving in in certain foreign countries. The fact representative. In any special case the the United States from any place outside that a spouse, or a relative of the first alien may be denied a hearing before thereof shall be granted shore leave or degree of consanguinity, with whom the a board of special inquiry and an appeal be permitted to go ashore in the United applicant has maintained close family to the Board of Immigration Appeals if States except with the approval of the ties, remains abroad in any country, or the Attorney General determines that he master and in the discretion of the im­ in territory under the control of any is within one of the categories set forth migration officials at the port of arrival country, the government of which is op­ in § 58.47 on the basis of information of acting under authority of the Attorney posed to the measures of the Government a confidential nature the disclosure of General. The period of shore leave of the United States with regard to the which would be prejudicial to the public granted a seaman shall not exceed that wars now being waged in the Eastern interest.* during which the vessel on which he ar­ Hemisphere, may be considered with § 58.51 Procedure for issuance of per­ rived will remain in a port of the United other evidence in determining whether mits to enter. Applications for docu­ States, unless the Attorney General, in an alien’s permit to enter should be de­ ments which are permits to enter under his discretion, concurs in the granting nied upon the ground that the alien is these regulations shall be made as pro­ of a longer period of shore leave.* within one or more of the categories set vided by the rules and regulations appli­ § 58.55 Exceptions from requirements forth in § 58.47.* cable to the issuance of such document! of advisory opinions, (a) Final action § 58.49 Permission to enter the Pan­ and in accordance with the additional re­ may be taken on applications for per­ ama Canal Zone, Guam, American quirements for admission to the United mits to enter without prior submission Samoa, and the Philippine Islands. Hi States provided in these regulations. of applications to the Secretary of State, addition to all applicable restrictions set With the exceptions hereinafter speci­ as provided in § 58.51 hereof, in the fol­ forth in these regulations, an alien seek­ fied, no permit to enter shall be issued lowing classes of cases: ing to enter the Panama Canal Zone, until after the permit-issuing authority shall have received from the Secretary (1) Applicants for re-entry permits Guam, and American Samoa shall fol­ or the renewal thereof. low such procedure as may be prescribed of State an advisory opinion or instruc­ by the Governors thereof, and an alien tion recommending the issuance of a (2) Applicants for border-crossing seeking to enter the Philippine Islands permit.* identification cards who have been pre­ shall follow such procedure as may be § 58.52 Additional requirements for viously lawfully admitted into the United prescribed by the United States High officials of foreign governments. In ad­ States for permanent residence. Commissioner to the Philippine Islands dition to all other requirements, any of­ (3) Applicants for non-resident bor­ after consultation with the military and ficial, employee, or agent of a foreign der-crossing identification cards who are naval authorities of the United States government proceeding to the United citizens and residents of Mexico, born and the Government of the Common­ States temporarily as a tourist or on per­ therein or born abroad of a native Mex­ wealth of the Philippines. The said of­ sonal business or for pleasure, or pro­ ican father, and Canadian citizens or ficials are hereby authorized to make such ceeding through the United States to a British subjects domiciled in Canada or additional regulations as may be required, foreign destination, must disclose in con­ Newfoundland. in their judgment, to carry out the re­ nection with his application for a per­ (4) Applicants for any kind of permit strictions contained in these regulations.* mit to enter his official governmental to enter, who are native born citizens of § 58.50 Entry not permitted in special position, status, or connection and must the independent countries of the West­ cases, (a) Any alien, even though in not engage while in the United States in ern Hemisphere, citizens of Canada or possession of a permit to enter, or ex­ any official activity on behalf of his gov­ Newfoundland, British subjects born or empted under these regulations from ob­ ernment without first having been recog­ domiciled in any Western Hemisphere taining a permit to enter, may be ex­ nized by the Secretary of State, and he territory: Provided, Such persons are suf­ cluded temporarily if at the time he is hereby prohibited from engaging in ficiently known by or to the permit-issu­ applies for admission at a port of entry any such activity in the United States ing authoity to warrant a conclusion that it appears that he is or may be within unless and until he obtains a change of the admission of the applicants would not one of the categories set forth in § 58.47. status from that of a visitor to that of be prejudicial to the interests of the The official excluding the alien shall im­ an official on official business. Failure United States (the wives and minor chil­ mediately report the facts to the head to disclose his official position, status, or dren of such persons, who have the same of his department, who will communicate connection in making application for a nationality status, may be included in such report to the Secretary of State. permit to enter, or engaging in any offi­ this category regardless of the place of Any alien so temporarily excluded by an cial business in the United States prior birth of such wives and children). official of the Department of Justice shall to such change of status, shall be pun­ (5) Applicants for non-quota section not be admitted and shall be excluded ishable as a breach of these regulations.* 4 (a) immigration visas in whose behalf and deported unless the Attorney Gen­ § 58.53 Additional requirements for a relative petition (form 633) shall have eral, after consultation with the Secre­ aliens in transit. In addition to all other been approved by the- Department of tary of State, is satisfied that the admis­ requirements, an alien seeking admission Justice. sion of the alien would not be prejudicial in transit through the United States to (6) Applicants for non-quota section to the interests of the United States. Any a foreign destination by virtue of a 4 (b) immigration visas in Western alien so temporarily excluded by any transit certificate must submit to the Im­ other official shall not be admitted and migrant Inspector or to an officer acting Hemisphere countries. shall be excluded and deported unless the in such capacity at the port of arrival (7) Applicants for transit certificates, Secretary of State is satisfied that the three copies of his itinerary to the port who are proceeding to Canada or British admission of the alien would not be of departure, one copy of which shall be territory in the Western Hemisphere and prejudicial to the interests of the United transmitted immediately to the port of who have received advance permission to States. departure for verification of the transit enter Canada or such British territory. FEDERAL REGISTER, Satu rday, N ovem ber 22, 1941 5933 (8) Applicants for replace immigra­ preferably American citizens, who know partmental committee and may allot a tion visas who, because of their inability the person or persons executing the form, limited time for the appearance of an to procure passage or transportation to must be attached thereto. alien’s sponsors or other interested per­ the United States, were unable to use (b) Form BC shall consist of: sons, who may submit statements. The their original immigration yisas issued Part B. Biographical data. A state­ committee may make rules and regula­ after July 1,1941. ment executed un£er oath and contain­ tions governing the appearance before it (9) Applicants for any kind of permit ing biographical data concerning each of sponsors, attorneys, agents, or other to enter, who are under 18 years of age, applicant for a permit to enter. intermediaries. Statements made by who have previously been lawfully ad­ Part C. Affidavit of support and spon­ persons appearing before the committee mitted into the United States for either sorship. If the applicant is not self-sup­ of review shall be under oath. After be­ temporary or permanent residence, and porting, statements of two persons exe­ ing duly sworn a sponsor shall answer who are applying in Western Hemisphere cuted under oath and containing infor­ any material interrogatories which may countries for permits to enter. mation concerning the affiants’ identity be addressed to him by the members of (10) Bona fide alien seamen included and financial condition and their under­ the committee. Confidential information in crew-lists submitted for visas. taking to support the applicant, shall be in the possession of the committee shall (11) Female applicants who were for­ furnished in accordance with the re­ not be disclosed to the sponsor or to his merly American citizens and who have quirements of part C of form BC. If the attorney, agent, or other intermediary. lost their citizenship by marriage to applicant is self-supporting, statements (d) If the opinion of the committee of aliens. of two persons executed under oath shall review is that a, permit to enter may be (12) Native-born citizens of Iceland be furnished in the space provided for granted, and if such opinion is accept­ domiciled therein and natives of Green­ an alternative statement in accordance able to the Secretary of State, it may be land of Danish nationality domiciled in with form BC. transmitted to the permit-issuing au­ Greenland. thority, thereby becoming the advisory (13) Members of British military or (c) Form K. Authorization to act as opinion of the Department of State. naval forces who are recommended by intermediary. In the discretion of the (e) If the opinion of the committee of their responsible superior officer. Secretary of State a person who desires to review is not acceptable to the Secretary (14) Officials of governments of the act as attorney or other intermediary on of State, or if the opinion is that a permit countries of the Western Hemisphere and behalf of a sponsor may be required to to enter should not be issued, or if any British Government officials, the mem­ present form K, executed by the sponsor member of the committee so requests, bers of their families, and their attend­ authorizing him to do so.* the opinion of the committee shall be ants, servants and employees, accom­ § 58.57 Procedure in formulating ad­ referred to a board of appeals, together panying them. visory opinions, (a) Form BC, when with the complete record in the case. The (15) The lawful wife and alien minor properly executed and received in the board shall be composed of two members children of an alien Chinese merchant Department of State, shall be considered appointed by the President. The board who have complied with the pre-investi­ by an inter-departmental committee, to­ shall preserve the confidential character gation procedure prescribed by the ap­ gether with all the documents attached of any information in the record. Cases plicable regulations of the Immigration thereto and all other information which shall be considered and decided by the and Naturalization Service governing may be available concerning the appli­ board of appeals solely upon the basis admission of Chinese. cant for a permit to enter, his sponsors, of the written record as made up in the (16) Cases concerning which the Sec­ and their references. The inter-depart­ committees. If the opinion of the board retary of State shall have issued special mental committee shall be composed of of appeals is not acceptable to the Sec­ instructions to the permit-issuing one representative of each of the State, retary of State, or if the members of the authority. War, and Navy Departments; and of the board are unable to agree on any par­ Federal Bureau of Investigation and the ticular case, the Secretary of State may (b) Notwithstanding the aforesaid ex­ Immigration and Naturalization Service substitute his own opinion, which shall be ceptions a permit-issuing authority may of the Department of Justice. Each final and shall be transmitted to the refer any application to the Secretary of member of the inter-departmental com­ permit-issuing authority as the advisory State for an opinion or decision, if he mittee shall be permitted to express his opinion of the Department of State. deems it to be doubtful whether the ap­ opinion concerning the eligibility of the (f) Each member of the inter-depart­ plicant comes within one of the ex­ applicant to receive a permit to enter. mental committee, committee of review, cepted classes or if he considers that Such opinions shall be recorded and shall or board of appeals, shall, while the there is a question whether the entry of be considered confidential. A majority case of an applicant for a permit to enter an alien who comes within one of such opinion shall constitute the opinion of is under consideration by his committee classes would be likely to prejudice the the committee. or board, express his opinion of the ap­ interests of the United States. Officers (b) If the committee’s opinion is that plicant’s eligibility for entry solely with of the Immigration and Naturalization a permit to enter may be granted, and if reference to one of the categories set Service will refer such cases to the Attor­ such opinion is acceptable to the Secre­ forth in § 58.47 of these regulations, ney General.* tary of State, it may be transmitted to and in the case of an adverse opinion § 58.56 Sponsorship of applicants, (a) the permit-issuing authority, thereby be­ the particular category involved shall An applicant for a permit, not excepted coming the advisory opinion of the De­ be specified and recorded. The record under § 58.55 from the requirement of an partment of State. thereof shall be confidential, and only the advisory opinion, must be sponsored by (c) If the committee’s opinion is not recommendation of the committee or citizens of the United States or by alien acceptable to the Secretary of State, or board, without the reasons therefor, shall residents of the United States lawfully if the opinion is that a permit to enter be disclosed. admitted for permanent residence. Sup­ should not be issued, or if any member (g) The board of appeals may not re­ porting statements of sponsorship under of the committee so requests, the opinion consider any case until after the lapse oath in accordance with the requirements of the committee shall be referred to a of a period of six months from the date of Jorm BC, prescribed pursuant to these committee of review, together with the of the previous opinion of the board in regulations, shall be furnished to the complete record in the case. The com­ the case concerned. The board shall Secretary of State. Husbands, wives, and mittee of review shall be composed of one have the power to remand any case to their children under 18 years of age representative of each of the agencies the committee of review or to the inter­ travelling together may be included in named in paragraph (a) of this section. departmental committee for investiga­ one form BC. Two letters of reference The committee of review shall consider tion and reconsideration, without ex­ from reputable and responsible persons, the record forwarded from the inter-de­ pressing an opinion concerning the case. No. 227----- 1 5934 FEDERAL REGISTER, Saturday, November 22, 1941 (h) If a permit-issuing authority who TITLE 32-NATIONAL DEFENSE of mandatory purchase orders for titani­ shall have received an advisory opinion um pigments and for specific allocation, from the Department of State is in pos­ CHAPTER IX—OFFICE OF PRODUC­ as such percentage shall from time to session of information which indicates TION MANAGEMENT time be prescribed by the Director of that the entry of the alien concerned Subchapter B—P riorities Division Priorities. Until further prescription such percentage shall be 20%. would be prejudicial to the interests of PART 1003—TITANIUM PIGMENTS the United States as provided, in § 58.47 (7) “Reserved titanium dioxide” means hereof, action shall be suspended on the General Preference Order M-44, to Con­ titanium dioxide set aside pursuant to case and a full report shall be submitted serve the Supply and Direct the Dis­ this Order. to the Secretary of State. The permit­ tribution of Titanium Pigments (8) “Titanium pigment” means any issuing authority shall thereafter be National Defense requirements having pigment containing commercial titanium guided by any further advisory opinion created extraordinary and unforeseen dioxide either alone or admixed with or received from the Secretary of State re­ demands for protective and technical precipitated on inerts, extenders or garding the question whether the entry coatings containing titanium pigments, opaque pigments. of the particular applicant for a permit and civilian demand for titanium pig­ (9) “Monthly average poundage” to enter would be prejudicial to the in­ ments having been rapidly increasing in means the monthly average number of terests of the United States under these recent years so that existing productive pounds of titanium dioxide content of regulations.* plants have been operating at capacity, pigments received by the manufacturer § 58.58 Effective date. These regula­ and from all sources combined during the tions shall become effective on December The total output of the titanium pig­ twelve months ended October 31, 1941, 1, 1941.* ments industry being at present insuffi­ exclusive of mandatory purchase orders. (10) “Basic monthly poundage” means [seal] Cordell H ull, cient to meet the total of defense needs and existing civilian demand, due to the the number of pounds of titanium diox­ Secretary of St'ate. ide content of pigments obtained by Concurred in by: lack of sufficient production of titanium dioxide for use as pigment, and multiplying the monthly average pound­ F rancis Biddle, age by a percentage equal to 100 minus Attorney General. Due to the said excess of demand over supply, it being necessary and appropri­ the reserved quota percentage. November 19, 1941. (11) “Proportionate basic monthly ate in the public interest and to promote poundage” means the poundage of tit­ [F. R. Doc. 41-8683; Piled, November 21, 1941; national defense to allocate titanium dioxide for use as pigment in the manner anium dioxide content of pigments ob­ '— 10:27 a. m.J tained by applying to the basic monthly and to the extent in this Order provided: poundage the proportion which a par­ Now therefore, it is hereby ordered, ticular order to one producer for delivery That: in a specific month bears to the total of TITLE 24—HOUSING CREDIT § 1003.1 General preference order M- such manufacturer’s orders placed with 44—(a) Applicability of priorities regu­ all sources of supply for delivery in the CHAPTER IV—HOME OWNERS’ LOAN lation No. 1. All of the provisions and said month. CORPORATION definitions of Priorities Regulation No. (c) Assignment of preference ratings. [Administrative Order No. 412] 1, issued by the Director of Priorities on Every mandatory purchase order not August 27, 1941, shall be deemed a part P art 404—Appraisal Section otherwise rated is hereby assigned a rat­ of this Order, except in so far as they ing of A-10. APPRAISAL FOR RECONDITIONING are inconsistent herewith. (d) Directions with respect to defense (b) Additional definitions. For the orders. (1) On and after the effective Section 404.03-4 is amended to read as purposes of this Order: follows: date hereof, each producer shall set aside (1) “Delivery” means, in addition to each day an amount of titanium dioxide §404.03-4 Appraisals in advance its regular meaning, a setting aside or for manufacture into pigment to fill man­ cases. When an advance for recondition­ earmarking. datory purchase orders and for specific ing has been requested pursuant to the (2) “Manufacturer” means a manu­ allocation equal to the reserved quota provisions of Part 405 of this chapter, facturer using titanium pigment as one percentage of such producer’s total daily the State or Regional Manager may, in of his raw materials. Such term shall production of titanium dioxide. Such the exercise of sound discretion, author­ include a jobber previously handling ti­ titanium dioxide shall, so far as is prac­ ize an appraisal if the advance for such tanium pigment for resale to manufac­ ticable, be reserved in the types usually reconditioning exceeds $500.00, or if the turers as defined in the first sentence required for mandatory purchase orders. nature of the work and other factors hereof: Provided, however, That such (2) Each producer shall accept and fill justify. jobbers shall be subject to the restric­ mandatory purchase orders for titanium (Effective November 24,1941) tions of paragraphs (e) and (g) hereof pigment or titanium dioxide received by (Above procedure promulgated by the applicable to producers. him from his reserved titanium dioxide General Manager and General Counsel (3) “Month” means calendar month. in the order of their respective preference pursuant to authority vested in them by (4) “Producer” means any person pro­ ratings, until such producer has accepted the Federal Home Loan Bank Board act­ ducing titanium pigments. mandatory purchase orders requiring de­ ing pursuant to secs. 4 (a) and 4 (k) of (5) “Mandatory purchase order” livery in any one month of pigments of Home Owners’ Loan Act of 1933, 48 Stat. means any order, the acceptance of which titanium dioxide content equal to the 129,132, as amended by Sections 1 and 13 is compelled by any general regulation then existing reserved quota percentage of the Act of April 27, 1934, 48 Stat. 643 issued by the Director of Priorities, but of such producer’s estimated monthly and 647: 12 U.S.C. 1463 (a), (k).) does not include those placed under production of titanium dioxide. There­ paragraph (e) (4) hereof. after such producer shall report such [seal] J. F rancis M oore, Secretary. (6) “Reserved quota percentage” facts by telegraph to the Protective and means the percentage of each producer’s Technical Coatings Section, Office of [P. R. Doc. 41-8670; Filed, November 19, 1941; production of titanium dioxide required Production Management. The said Sec­ 12:46 p. m.] by this Order to be set aside for the filling tion by telegraph will furnish such pro- FEDERAL REGISTER, Saturday, N ovem ber 22, 1941 5935 ducer with the names and addresses of received from such manufacturer a cer­ poundage, under this paragraph shall be all other producers who have not so ex­ tificate covering such manufacturer’s made in the manner and upon the form hausted their supplies of reserved titan­ monthly requirements for the month in or forms prescribed by the Director of ium dioxide for the said month, and will which delivery is to be made. Such cer­ Priorities. subsequently notify such producer by tificate shall be in the form or forms to (g) Reports. Every producer shall, telegraph of the name and address of be prescribed by the Director of Priorities, within fifteen (15) days after the end of each other producer also exhausting Tiis accompanied by such duplicates or copies each month, report to the Office of Pro­ supplies of reserved titanium dioxide. thereof as the Director of Priorities may duction Management the amount of ti­ Each succeeding mandatory purchase prescribe. Such certificate shall, among tanium dioxide produced by him, the order received by such producer, regard­ others things, set forth such manu­ amount of mandatory purchase orders less of the preference rating applicable facturer’s proportionate basic monthly filled by him in such month, the amounts thereto, may be returned promptly to the poundage with respect to such pro­ of titanium dioxide in pigment form de­ person tendering the same, together with ducer, together with such manufacturer’s livered on specific allocation, the amount copies of the telegrams received from the method of calculating it and shall set of reserved titanium dioxide remaining Office of Production Management, show­ forth the amount of titanium pigments on hand, and a summary tabulation of ing the names and addresses of all other ordered for delivery in such month from all certificates filed with such producer producers who have not exhausted their all sources combined. No manufacturer covering such month by manufacturers supplies of reserved titanium dioxide; shall order any additional amounts for pursuant to paragraph (e) (2). Such re­ subject, however, to such manufacturer’s delivery in such month without amend­ port shall be accompanied by one com­ right to elect to receive the amount of ing all certificates filed by him with re­ plete set of the said certificates, arranged titanium pigment covered by such order spect to that month. The producer shall alphabetically by manufacturers. out of the residual supply which he be entitled to rely upon any facts stated (h) Additional sanctions. Any manu­ would be eligible to receive, under para­ in any such certificate in the absence facturer or producer who knowingly par­ graph (e) (3) hereof. of actual knowledge to the contrary or of ticipates in an unauthorized delivery of (3) Whenever, in any month, pro­ reason to doubt the accuracy of any of titanium pigment, or who otherwise vio­ ducers of titanium pigments are notified the facts stated therein. lates the provisions of this Order, or who that all producers have exhausted their (3) Any manufacturer who has a man­ makes a material misstatement in a cer­ supplies of reserved titanium dioxide as datory purchase order returned by a tificate or in any other statement or re­ to any particular type of pigment, each producer because such producer has ex­ port required hereunder, may, in addition producer shall thereafter fill all manda­ hausted his supply of reserved titanium to the other penalties provided therefor, tory purchase orders received by him and dioxide and who has placed a civilian be prohibited by the Director of Priorities requiring delivery in that month in ac­ order with such producer which has been from obtaining further deliveries of ma­ cordante with the regulations applicable accepted in whole or in part in accord­ terial subject to any General Preference, thereto, reducing deliveries upon his ance with the provisions of this Order, Allocation or Limitation Order. nonmandatory purchase orders pro rata. shall be entitled to elect to receive the (i) Effective date. This Order shall (4) All reserved titanium dioxide set amount of titanium pigment covered by take effect at the opening of business, aside in any one month which has not such mandatory purchase order out of December 1,1941. (P.D. Reg. 1, Aug. 27, been disposed of upon mandatory pur­ the titanium pigment due him under his 1941, 6 F.R. 4489; O.P.M. Reg. 3 Amended, chase orders or by specific allocation said civilian contract for use in filling Sept. 2, 1941, 6 P.R. 4865; E.O. 8629, Jan. prior to the end of the month succeeding such mandatory purchase order, in pref­ 7, 1941, 6 F it. 191; E.O. 8875, Aug. 28, such month shall thereupon be imme­ erence and priority over all non-manda­ 1941, 6 F.R. 4483; sec. 2 (a), Public No. diately available for sale to any pur­ tory purchase orders accepted by such 671, 76th Congress, Third Session, as chaser without restriction, subject only producer. amended by Public No. 89, 77th Congress, to § 944.14 of Priorities Regulation No. 1. (4) No producer shall refuse to accept First Session; sec. 9, Public No. 783, 76th any order from a manufacturer, who is (e) Directions with respect to residual Congress Third Session) a former customer of such producer and Issued this 21st day of November 1941. supply. (1) In the event that, after pro­ who meets such producer’s regularly es­ viding for his reserved titanium dioxide, tablished credit terms, for delivery in D onald M. Nelson, any producer’s residual supply shall be such month of an amount of titanium Director of Priorities. insufficient to fill all non-mandatory pur­ dioxide in pigment form equal to or less [P. R. Doc. 41-8684; Piled, November 21, 1941; chase orders accepted by him for delivery than the said manufacturer’s basic 10:49 a. m.] in such month, such producer shall pro­ monthly poundage purchased from such rate the residual monthly supply of ti­ producer. tanium dioxide for manufacture into pig­ (f)' Specific allocations. Specific allo­ CHAPTER XI—OFFICE OF PRICE ment among non-mandatory purchase cations of reserved titanium dioxide may ADMINISTRATION orders accompanied by the certificate be made by the Director of Priorities prescribed by subparagraph (2) (whether from time to time to manufacturers P art 1312—Lumber and Lumber contract or spot customers) in propor­ caused undue hardship by the operation P roducts tion to the proportionate basic monthly of this Order, or to manufacturers who CORRECTION TO AMENDMENT NO. 2 1 TO poundages of the manufacturers placing are not able to certify a basic monthly PRICE SCHEDULE NO 19—SOUTHERN PINE such orders and shall deliver, subject, poundage by reason of lack in whole or in LUMBER however, to § 944.14 of Priorities Regula­ part of a prior purchase record, and who tion No. 1, such pro rata shares to or upon Section 1312.32 of Price Schedule No. establish that the use of titanium dioxide 19 is hereby corrected to read as follows: the order of such manufacturers. or titanium pigments by them is neces­ (2) Except when such delivery has sary and appropriate in the public in­ § 1312.32 Definitions. been specifically authorized and directed terest. Such manufacturers may, in the * * * * * by the Director of Priorities, no producer discretion of the Director of Priorities, be (b) “southern pine” means the species shall sell or deliver any titanium pigment assigned a basic monthly poundage for of shortleaf pine (Pinus eschinata), lob­ to or for the account of any manufac­ a limited period or periods of time in lieu lolly pine (Pinus taeda), slash pine turer, nor shall any manufacturer pur­ of a specific allocation. Applications for (Pinus caribaea), such longleaf pine chase or accept delivery of any such pig­ allocations of reserved titanium dioxide, ment, unless such producer has first or for the assignment of a basic monthly * 6 P. R. 5876. 5936 FEDERAL REGISTER, S atu rday, N ovem ber 22, 1941 (Pinus palustris) as contains less than Use of Government-owned machine six annual rings per inch and less than N otices , tools and aids to manufacture. In the one-third summerwood, or any other manufacture of the articles of munitions Pinus species known commercially as listed under' Article 1 hereof, the use of “southern pine.” WAR DEPARTMENT. machine tools, punches, dies, gages, jigs, * * * * * [Contract No. W 271 ORD 8] fixtures, patterns, and other aids to man­ ufacture being used by the Contractor (Executive Orders Nos. 8734, 8875, 6 P.R. Summary of Contract for Supplies 1917, 4483) under Contract No. W-953-ORD-993 is contractor: the vilter manufacturing hereby approved and agreed upon, and Issued this 21st day of November, 1941. COMPANY, MILWAUKEE, WISCONSIN the price of this contract is predicated Effective November 24,1941. upon such use. Contract for: * * * Howitzers and Leon H enderson, Price adjustments. The contract price Administrator. Extra Parts Therefor. stated in Article 1 is subject to adjust­ Amount: $1,446,518.32. ments for changes in labor and materials [P. R. Doc. 41-8704; PUed, November 21, 1941; Place: Chicago Ordnance District Of­ 12:28 p. m.] costs. fice, 38 South Dearborn Street, Chicago, General. It is expressly agreed that Illinois. quotas for labor will not be altered on The * * * Howitzers and Extra account of delays in completion. TITLE 47—TÉLÉCOMMUNICATION Parts to be obtained under this contract This contract is authorized by the Act are authorized by, are for the purposes of July 2, 1940 (Public No. 703—76th CHAPTER I—FEDERAL COMMUNICA­ set forth in, and are chargeable to Pro­ Congress). TIONS COMMISSION curement Authorities ORD 50053 P022-30 F rank W. Bullock, A0020-13 and ORD 15011 Pll-30 A P art 8—R ules G overning Sh ip Service Lt. Col., Signal Corps, 1005-01, the available balances of which Assistant to the Director of The Commission on November 18,1941, are sufficient to cover cost of material Purchases and Contracts. made the following changes in its rules covered by this contract. and regulations: This contract,1 entered into this 17th [P. R. Doc. 41-8676; Filed, November 21, 1941; Modified § 8.81 (a) effective December day of June 1941. 9:29 a. m.] 15,1941, in the following respects: Scope of this contract. The contrac­ tor shall furnish and deliver * * * § 8.81 Allocation for ship stations. Howitzers and Extra Parts Therefor for [Contract No. W-957-eng-552] (a) * * * the consideration stated of one million, Summary of Contract for Supplies 394 K four hundred forty-six thousand, five 400 w contractor: j . b. KLEIN iron & foundry ***** hundred eighteen dollars and thirty-two cents ($1,446,518.32) in strict accordance CO., OKLAHOMA CITY, OKLAHOMA (Sec. 4 (i), 303 (c), 48 Stat. 1068, 1082; with the specifications, schedules and Contract for: Furnishing fabricated 47 U.S.C. 154 (i), 303 (c)) drawings, all of which are made a part structural steel. Modified § 8.131 (a), effective immedi­ hereof. Amount: ($1,208,400.00 (approximate.) ately, as follows: Changes. Where the supplies to be Place of delivery: F. o. b. cars mills furnished are to be specially manufac­ Chicago Switching District, ’ Chicago, § 8.131 Automatic-alarm-signal key­ tured in accordance with drawings and Illinois. ing device required, (a) Beginning Jan­ specifications, the contracting officer may The supplies and services to be obtained uary 1, 1943, each passenger ship of the at any time, by a written order, and with­ by this instrument are authorized by, United States, of over 3,000 gross tons, out notice to the sureties, make changes are for the purposes set forth in, and are and beginning January 1,1944, each ship in the drawings or specifications, except chargeable to procurement authorities of the United States, which is subject to Federal Specifications. Changes as to below enumerated, the available balances title HI, part II, of the Communications shipment and packing of all supplies may of which are sufficient to cover the cost Act of 1934, as amended, shall be fitted also be made as above provided. thereof: Eng-970 Pl-32 A-0540-12. with one or more automatic-alarm-sig­ Delays—Damages. If the contractor This Contract entered into this 30th nal keying devices of a type approved by refuses or fails to make deliveries of the day of September 1941. the Commission in accordance with materials or supplies within the time Scope of this contract. The contractor I 8.133. (Sec. 4 (i), 48 Stat. 1068; 47 specified in Article 1, or any extension shall furnish and deliver approximately U.S.C. 154 (i)—Sec. 318, 48 Stat. 1089, thereof, the Government may by written * * * tons of structural steel for the as amended by 50 Stat. 56; 47 U.S.C. 318) notice terminate the right of the con­ consideration of approximately $1,208,- Modified “Automatic-Alarm-Signal tractor to proceed with deliveries or such 400.00 in strict accordance with the speci­ Keying Device Requirements and Type part or parts thereof as to which there fications, schedules and drawings, all of Approval Tests” by adding a footnote in­ has been delay. which are made a part hereof. dicator following § 8.131 in the first line1 Increased quantities. The Govern­ Changes. Where the supplies to be fur­ and a footnote reading as follows : ment reserves the right to increase the nished are to be specially manufactured quantity on this contract by as much in accordance with drawings and speci­ On November 18, 1941, the Commission as * * * per cent, and at the unit modified § 8.131 (a) of its Rules Governing fications, the contracting officer may at Ship Service by extending for one year the ef­ price specified in Article 1, such option to any time, by a written order, and without fective date(s) of this section to January 1, be exercised within * * * days from notice to the sureties, make changes in 1943, for each passenger ship of the United date of this contract. States over 3,000 gross tons and to January the drawings or specifications, except 1, 1944, for each ship of the United States, Termination when contractor not in Federal Specifications. Changes as to subject to title III, part II, of the Commun!-" default. This contract is subject to ter­ shipment and packing of all supplies may cations Act of 1934, as amended. mination by the Government at any time also be made as above provided. By the Commission. as its interests may require. Delays—Damages. If the contractor re­ Payments. Seventy-five p e r cent fuses or fails to make deliveries of the [seal! W m. P. M assing, (75%) of the contract price will be paid Acting Secretary. materials or supplies within the time after provisional acceptance of each specified in Article 1, or any extension [F. R. Doc. 41-8678; Piled, November 21, 1941; Howitzer; balance, after final acceptance. 9:50 a. m.] thereof, the Government may by written Full payment will be made for extra parts notice terminate the right of the con­ upon delivery and acceptance thereof. 16 F.R. 626. tractor to proceed with deliveries or such 80 Not available for use on the Great Lakes 1 Approved by the Chief of Ordnance June part or parts thereof as to which there or on inland waters. 80, 1941. has been delay. FEDERAL REGISTER, S atu rday, Novem ber 22, 1941 5937 Payments. The contractor shall he part or parts thereof as to which there notice terminate the right of the con­ paid, upon the submission of properly has been delay. tractor to proceed with deliveries or such certified invoices or vouchers, the prices Payments. The contractor shall be part or parts thereof as to which there stipulated herein for articles delivered paid, upon the submission of properly has been delay. and accepted or services rendered, less certified invoices or vouchers, the prices Payments. The contractor shall be deductions, if any, as herein provided. stipulated herein for articles delivered paid, upon the submission of properly Unless otherwise specified, payments will and accepted or services rendered, less certified invoices or vouchers, the prices be made on partial deliveries accepted deductions, if any, as herein provided. stipulated herein for articles delivered and by the Government when the amount due Unless otherwise specified, payments will accepted or services rendered, less de­ on such deliveries so warrants; or, when be made on partial deliveries accepted by ductions, if any, as herein provided. Pay­ requested by the contractor, payments the Government when the amount due ments will be made on partial deliveries for accepted partial deliveries shall be on such deliveries so warrants; or, when accepted by the Government when re­ made whenever such payments would requested by the contractor, payments quested by the contractor whenever such equal or exceed either $1,000 or 50 per­ for accepted partial deliveries shall be payments would equal or exceed either cent of the total amount of the contract. made whenever such payments would $1,000 or 50 percent of the total amount F rank W. Bullock, equal or exceed either $1,000 or 50 per­ of the contract. Lt. Col., Signal Corps, cent of the total amount of the contract. Quantities. The Government reserves Assistant to the Director of F rank W. Bullock, the right to increase the quantities on Purchases and Contracts. Lt. Col., Signal Corps, this contract by as much as * * * [F. R. Doc. 41-8674; Filed, November 21, 1941; Assistant to the Director of per cent and at the unit prices specified 9:30 a. m.] Purchases and Contracts. in Article 1, such option to be exercised [F. R. Doc. 41-8675; Filed, November 21, 1941; within * * * days from date of this 9:30 a. m.] contract. Termination when contractor not in [Contract No. W-957-eng-306] default. This contract is subject to termi­ [Contract No. W-849-ORD-4] nation by the Government at any time as Summary of Contract for Supplies Summary of Contract for Supplies its interests may require. contractor: midland structural steel This contract is authorized by the Act COMPANY, CICERO, ILLINOIS contractor: scullin steel company, st. of Congress approved July 2,1940, (Pub­ Contract for: furnishing fabricated LOUIS, MISSOURI lic No. 703, 76th Congress). structural steel. Contract for: Bomb Bodies, * * *, F rank W. Bullock, Amount: $2,488,200.00 (approximate). including Components and Container Lt. Col., Signal Corps, Place of delivery: F. o. b. cars Bethle­ Units. Assistant to the Director of hem, Pennsylvania; and Chicago, Illinois. Amount: $1,454,485.50. Purchases and Contracts. The supplies and services to be ob­ Place: St. Louis Ordnance District, [F. R. Doc. 41-8677; Filed, November 21, 1941; tained by this instrument are authorized St. Louis, Missouri. 9:31 a. m.] by, are for the purposes set forth in, and The supplies to be obtained by this in­ are chargeable to procurement authori­ strument are authorized by, are for the ties below enumerated, the available bal­ purpose set forth in, and are chargeable ances of which are sufficient to cover to Procurement Authority: ORD 50,248, DEPARTMENT OF THE INTERIOR. the cost thereof: PO13-02 A 0020-13 the available balance Eng 734 Pl-02 A-0141-01 of which is sufficient to cover cost of Bituminous Coal Division. Eng 735 Pl-02 A-(0141) .116-01 same. [Docket No. B-61] This contract,1 entered into this 2nd This contract, entered into this 14th day of August 1941. I n the Matter of C. Leroy H olbein, Do­ day of May 1941. Scope of this contract. The contrac­ ing Business as H olbein Coal Co., Scope of this contract. The contrac­ tor shall furnish and deliver Bomb Defendant tor shall furnish and deliver approxi­ Bodies, * * *, including components mately * * * tons of structural AMENDMENT TO" NOTICE OF AND ORDER FOR and container units for the considera­ HEARING steel f. o. b. cars Bethlehem, Pennsylva­ tion stated one million, four hundred nia, and approximately * * * tons fifty-four thousand, four hundred A complaint dated September 26, 1941, of structural steel f. o. b. cars Chicago, eighty-five dollars and fifty cents pursuant to the provisions of sections 4 Illinois, for the consideration of approxi­ ($1,454,485.50) in strict accordance with n (j) and 5 (b) of the Bituminous Coal mately $2,488,200.00 in strict accordance the specifications, schedules and draw­ Act of 1937, having been duly filed on with the specifications, schedules and ings, all of- which are made a part September 29,1941, a Notice of and Order drawings, all of which are made a part hereof. for Hearing on said complaint having hereof. Changes. Where the supplies to be been entered herein on October 28,1941,1 Changes. Where the supplies to be furnished are to be specially manufac­ and an amended complaint dated Octo­ furnished are to be specially manufac­ tured in accordance with drawings and ber 31, 1941, pursuant to the provisions tured in accordance with drawings and specifications, the contracting officer of sections 4 II (j) and 5 (b) of the Bitu­ specifications, the contracting officer may at any time, by a written order, and minous Coal Act of 1937 having been duly may at any time, by a written order, and without notice to the sureties, make filed on November 4, 1941, by the Bitu­ without notice to the sureties, make changes in the drawings or specifica­ minous Coal Producers Board for Dis­ changes in the drawings or specifica­ tions, except Federal Specifications. trict No. 4, a District Board, complainant, tions, except Federal Specifications. Changes as to shipment and packing of with the Bituminous Coal Division alleg­ Changes as to shipment and packing of all supplies may also be made as above ing wilful violations by the defendant of all supplies may also be made as above provided. the Bituminous Coal Code or rules and provided. Delays—Damages. If the contractor regulations thereunder: Delays—damages. If the contractor refuses or fails to make deliveries of the It is hereby ordered, That said Notice refuses or fails to make deliveries of the materials or supplies within the time of and Order for Hearing dated October materials or supplies within the time specified in Article 1, or any extension 28, 1941, be and the same is hereby specified in Article 1, or any extension thereof, the Government may by written amended by adding thereto at the end thereof, the Government may by written thereof after the paragraph numbered 2 notice terminate the right of the con­ 1 Approved by the Chief of Ordnance tractor to proceed with deliveries or such October 6, 1941. * 6 F E . 5539. 5938 FEDERAL REGISTER, Satu rday, Novem ber 22, 1941 an additional paragraph numbered 3 designated officers at the time and place 2. The aforesaid notice of July 3, 1941, reading as follows: of hearing hereinabove set forth. shall be applicable to the Washington, D. C., hearing. 3. That said defendant wilfully vio­ Dated: November 18, 1941. lated the provisions of the Code and the [seal] H. A. G ray, Signed at Washington, D. C., this 19th Effective Minimum Prices, (a) by selling Director. day of November 1941. during the months of February and [F. R. Doc. 41-8681; Filed, November 21,1941; J ames G. J ohnson, March, 1941, to the Ohio Power Company 10:01 a. m.] Acting Administrator. for railroad shipment to its plant at [F. R. Doc. 41-8703; Filed, November 21, 1941; Philo, Ohio in Market Area 14 approxi­ 11:51 a. m.] mately 7,395.60 net tons of mine run coal crushed to 2" produced at its mine, Mine DEPARTMENT OF LABOR. Index No. 66, located in Perry County, Ohio at the price of $1.40 per net ton Wage and Hour Division. FEDERAL POWER COMMISSION. f. o. b. the mine; and (b) by selling on Notice of D ate and P lace of W ashing­ [Docket No. G-219] March 1, 1941 to the Lima Locomotive ton, D. C., H earing on the Subject of I n the M atter of United G as P ipe Line Works, Inc., for rail shipment to its plant W ages, H ours and Other Conditions ompany at Lima, Ohio in Market Area 15, approx­ and P ractices of E mployment of R ed C imately 70.8 net tons of mine run coal Caps ORDER FIXING DATE OF HEARING crushed to 2” produced at its said mine at the price of $1.75 per net ton f. o. b. Whereas, the Acting Administrator of November 19, 1941. the mine, whereas the Effective Mini­ the Wage and Hour Division of the Upon application filed on October 20, mum Prices for such coal was at said United States Department of Labor, un­ 1941, by United Gas Pipe Line Company time and now is $1.55 per net ton f. o. b. der date of July 3, 1941 (Fed. Reg. July requesting that its rate schedule desig­ the mine when shipped into Market Area 4, 1941), gave notice pursuant to S. Res. nated in the files of the Commission as 14 and $1.90 per net ton f. o. b. the mine 105, adopted by the United States Senate United Gas Pipe Line Company Supple­ when shipped into Market Area 15. The on May 15, 1941, that public hearings ment No. 6 to Rate Schedule FPC No. 5 said sales, therefore, were in violation of would be held for the purpose of obtain­ providing for the sale of natural gas section 4 II (e) of the Act and Part II ing information as to the wages, hours to Memphis Natural Gas Company be (e) of the Code. and other conditions and practices of permitted to become effective as of Au­ employment of red caps by railroad or gust 1,1940, and for other relief; It is further ordered, That except as terminal companies, and announced hereinabove specifically amended, said It appearing to the Commission that: therein that a hearing would be here­ A hearing on the said application may be Notice Of and Order for Hearing dated after scheduled in Washington, D. C.; October 28, 1941, shall in all other re­ in the public interest; spects remain in full force and effect. Now, therefore, notice is hereby given The Commission orders that: A public Dated: November 18,1941. that: hearing on the said application of United Gas Pipe Line Company be held com­ [seal] H. A. G ray, 1. A hearing will be held before Thomas Director. Holland, Presiding Officer, in Room 3229, mencing on December 4, 1941, at 9:45 Department of Labor Building, Constitu­ a. m., in the hearing room of the Federal [F. R. Doc.,41-8680; Filed, November 21,1941; Power Commission at 1800 Pennsylvania 10:01 a. m.] tion Avenue at Fourteenth Street NW., Washington, D. C., commencing at 10 Avenue, NW., Washington, D. C. A. M., on December 1, 1941. Said hear­ By the Commission. [Docket No. B-10] ing will cover those railroad terminals [seal] L eon M. F uquay, operated by the following companies in Secretary. I n the M atter of J. B. W illiamson, Code the following cities: Washington Ter­ [F. R. Doc. 41-8671; Filed, November 21,1941; M ember, D efendant minal Co., Washington, D. C.; Birming­ 9:29 a. m.] ORDER CHANGING PLACE OF HEARING ham Terminal Co., Birmingham, Ala­ bama; i Atlanta Terminal Co., Atlanta, The above-entitled matter having been Georgia; Savannah Union Station Co., heretofore scheduled for hearing at 10 Savannah, Georgia; Jacksonville Ter­ FEDERAL TRADE COMMISSION. o’clock in the forenoon of November 25, minal Co., Jacksonville, Florida; Tampa [Docket No. 4636] 1941, at a hearing room of the Bituminous Union Station Co., Tampa, Florida; and Coal Division at the Old Federal Build­ Durham Union Station Co., Durham, I n the M atter of Bissell Carpet ing, Room 539, Cleveland, Ohio; and North Carolina. Said hearing will also Sweeper Company J. B. Williamson, 219 Greensburg Ave­ cover railroad stations of the Seaboard complaint nue, Turtle Creek, Pennsylvania, C. Ray Airline Railway Company in the follow­ Goodwin, President, Coal Sales, Inc., 1314 ing cities: Clearwater, Florida; Ocala, The Federal Trade Commission, hav­ N. B. C. Building, Cleveland, Ohio, having Florida; Miami, Florida; Tallahassee, ing reason to believe that Bissell Carpet been heretofore served with subpoenae Florida; Tampa, Florida; St. Petersburg, Sweeper Company, a corporation, has vio­ duces tecum requiring them to appear Florida; West Palm Beach, Florida; Nor- lated and is violating the provisions of and testify at said hearing; and lina, North Carolina; Raleigh, North section 2 (a) of the Act of Congress en­ The Director deeming it advisable that Carolina; Weldon, North Carolina; Ham­ titled “An Act to supplement existing laws said place of hearing should be changed; let, North Carolina; Southern Pines, against unlawful restraints and monopo­ Now, therefore, it is ordered, That the North Carolina; Wilmington, North lies, and for other purposes”, approved hearing in the above-entitled matter be Carolina; Camden, South Carolina; Co­ October 15,1914, as amended (U.S.C. title changed from the Old Federal Building, lumbia, South Carolina; Petersburg, Vir­ 15, section 13), hereby issues its com­ Room 539, Cleveland, Ohio, to Room ginia; and Portsmouth, Virginia; the plaint, charging as follows: 4086, New Post Office Building, Cleveland, Pennsylvania Railroad and Baltimore P aragraph 1. The respondent, Bissell Ohio. and Ohio Railroad stations at Baltimore, Carpet Sweeper Company, is a corpora­ It is further ordered, That said J. B. Maryland; and the Baltimore and Ohio tion organized, existing and doing busi­ Williamson and C. Ray Goodwin, Presi­ Railroad station at Silver Spring, Mary­ ness under and by virtue of the laws of dent, Coal Sales, Inc., appear before the land. the State of Michigan, with principal FEDERAL REGISTER, Satu rday, N ovem ber 22, 1941 5939 office and place of business located at These discounts are applied upon all respondent with all of its jobber cus­ Grand Rapids, Michigan. grades of sweepers (other than toy sweep­ tomers in some forty-four States of the Par. 2. Respondent is engaged in the ers) , and in all sales territories through­ United States where such resale price business of manufacturing and selling out the United States, subject to a 2% maintenance agreements are not pro­ certain hand operated mechanical devices cash discount available to all customers hibited by statute. By means of such commonly known as carpet sweepers. In and certain freight allowances on indi­ agreements respondent fixes and pre­ the course and conduct of its said busi­ vidual shipments made uniformly to all scribes its list prices as the minimum ness respondent transports said carpet customers in a given territory. Said dis­ wholesale prices at which sweepers man­ sweepers or causes them to be trans­ counts are extended to some retailers at ufactured by it may be sold to retailers ported, and sells the same to be trans­ billing, to other retailers by remittance or by jobbers and others in the states where ported, from its factory at Grand Rapids, credit at the end of the twelve month such agreements are in effect. A large in the State of Michigan, to purchasers period, and to others partly at billing and number of retailers dealing in respond­ thereof located in other States of the partly at the end of the twelve-month ent’s sweepers, in the various trading United States; and respondent is, and at period. Regular retailer customers whose areas where respondent’s jobber cus­ all times herein mentioned has been, en­ purchases amount to ten dozen or more tomers are located and do business, are gaged in trade and commerce in said sweepers per year are usually allowed the compelled to purchase their supply of merchandise between Michigan and most quantity discount at billing, the amount such sweepers from jobbers, and are not of the other States of the United States. of the discount being based upon the permitted by respondent to purchase Said carpet sweepers are sold by respond­ quantity of sweepers purchased by the sweepers from it direct. Respondent ent for use, consumption or resale within customer during the preceding year or has notified its jobber customers from the United States. years. Retailers whose average annual time to time that it will refuse to sell to Par. 3. During 1940 respondent manu­ purchases of respondent’s sweepers are any jobber who resells sweepers pur­ factured and sold some fifteen or sixteen less than ten dozen per year frequently chased from respondent at less than re­ different models of carpet sweepers (ex­ are allowed no quantity discount at bill­ spondent’s list prices. A copy of such a clusive of toy sweepers), its list prices ing, this being true in most cases as to letter sent by respondent to jobbers in therefor ranging from $23.00 to $60.00 customers purchasing less than five dozen 1938 is annexed hereto and made a part a dozen. A copy of respondent’s price sweepers per year. hereof, marked “Exhibit D”. list, effective September, 1940, is annexed P ar. 5. In many cities and towns P ar. 8. By the practices and policies hereto and made a part hereof, marked throughout the United States, retailers described in Paragraph 7 hereof, re­ “Exhibit A”. Sales are made on terms purchasing carpet sweepers from re­ spondent has been and is discriminating f. o. b. respondent’s factory at Grand spondent at list price, and retailers pur­ in price between retailers who purchase Rapids, Michigan. Pursuant to such chasing the same at list price less a dis­ respondent’s sweepers directly from re­ sales the sweepers sold are shipped by count of 6% or less, as described in para­ spondent at list prices less the discounts respondent, or delivered to the carrier graph 4 hereof, are engaged in competi­ described in Paragraph 4 hereof, and by it for shipment, to its customers in all tion in the resale of said carpet sweepers other retailers dealing in said sweepers parts of the United States. Respondent with other retailers purchasing sweepers who purchase the same from jobbers or sells its said sweepers directly to several of the same model, grade and quality from other sources in the forty-four states thousand retail resellers located in cities respondent at list price less discounts above mentioned. Respondent’s sweep­ and towns throughout the United States. ranging from 12% to 15%. ers which it sells to jobbers are the same Respondent also sells said sweepers to P ar. 6. Respondent sells its carpet models, and as to each model, are of the several hundred wholesalers or jobbers, sweepers to certain other retail resellers, same grade and quality as the sweepers located chiefly in the larger cities of the classified by it as “hotel and janitor sup­ which it sells direct to retailers, except United States, who resell said sweepers ply houses”, located chiefly in the larger that in some instances a new model may to retailers in their respective trading cities. Sales to customers so classified be sold to retailers before it is offered areas. are made at list price less a discount of for sale to jobbers. Retailers purchas­ Par. 4. In the course and conduct of 12 % deducted at billing, regardless of ing said sweepers from respondent at its said business, respondent enters into quantity purchased, and an additional discounts ranging from 3% to 15% off contracts with the various retailers to discount of 1%, 2% or 3% allowed at the list price are engaged in competition in whom it sells its carpet sweepers, said end of each twelve month period if the the resale thereof in many cities and contracts setting forth the terms of sale customer’s purchases during the period towns with retailers who are compelled of such sweepers, effective for a period reach 25 dozen, 50 dozen or 100 dozen. to and do obtain their supply of said of twelve months from date of first ship­ Said customers are engaged in competi­ sweepers from jobbers at respondent’s ment thereunder. Copies of the blank tion, actual or potential, in the resale of list prices. forms used for such contracts with East­ said sweepers at retail with other cus­ P ar. 9. The effect of respondent’s dis­ ern retailers in 1939 and 1940 are an­ tomers of respondent who purchase said crimination in price between purchasers nexed hereto and made a part hereof, sweepers at list price less discounts at 6% of carpet sweepers manufactured and marked “Exhibit Bj” and “Exhibit B2”. or less, or at no discount, as described in sold by it, as described in Paragraphs Prices charged retailers vary, the price paragraph 4 hereof. Pour, Six, Seven and Eight hereof, has depending upon the quantity of sweep­ been and may be to injure, destroy and P ar. 7. Respondent sells its carpet ers purchased by the retailer during the sweepers to its jobber or wholesaler cus­ prevent competition with respondent’s twelve month period, according to the tomers at list price less a discount of retailer customers who are granted the following schedule of discounts: 20%, regardless of quantity purchased. benefit of such discrimination. List price less 3% on total purchases It is respondent’s practice, in the course Wherefore, the premises considered, of 3 dozen to 5 dozen. and conduct of its business as aforesaid, the Federal Trade Commission on this List price less 6% on total purchases of to enter into annual agreements with 14th day of November, A. D. 1941, is­ 5 dozen to 10 dozen. said jobbers, a copy of the blank form sues this its complaint against said List price less 12% on total purchases of agreements used by respondent in con­ respondent. of 10 dozen to 25 dozen. tracting with Eastern jobbers being an­ NOTICE List price less 13% on total purchases nexed hereto and made a part hereof, Notice is hereby given you, Bissel Car­ of 25 dozen to 50 dozen. marked “Exhibit C”. By said agreement pet sweeper Company, respondent List price less 14% on total purchases the jobber agrees not to sell sweepers herein, that the 19th day of December, of 50 dozen to 100 dozen. bearing respondent’s name or trade mark A. D., 1941, at 2 o’clock in the afternoon, list price less 15% on total purchases at less than respondent’s list prices. is hereby fixed as the time, and the of 100 dozen or more. Similar agreements are entered into by offices of the Federal Trade Commission 5940 FEDERAL REGISTER, Satu rday, Novem ber 22, 1941 in the City of Washington, D. C., as the its official seal to be hereto affixed, at Terms: 2% 10—Net 60 days; freight allow­ ance of $.50 per dozen deductible in remitting. place, when and where a hearing will be Washington, D. C., this 14th day of No­ We agree not to sell sweepers bearing your had on the charges set forth in this com­ vember, A. D .1941. name or trademark at less than your estab­ plaint, at which time and place you will By the Commission. lished retail prices at the time of such sales. have the right, under said Act, to appear (See other side for present price list.) (This [seal] . Otis B. J ohnson, paragraph does not apply in any State, Ter­ and show cause why an order should not ritory, or District where price maintenance be entered by said Commission requiring Secretary. agreements are prohibited.) you to cease and desist from the viola­ Signed______E xhibit A B y ______Dept------tions of the law charged in the complaint. price list of bissell sweepers Street Address______You are notified and required, on or City and State ______before the twentieth day after service (Established under Federal and State Law, For and Subject to the Approval of Bissell by contracts In all States, Territories, and Carpet Sweeper Co., at Grand Rapids, upon you of this complaint, to file with District having “Fair Trade” Laws) Effective Michigan. the Commission an answer to the com­ September, 1940, and until superseded. Exhibit B2 plaint. If answer is filed and if your " Hi-Lo1’ Brush Control, Ball Bearing appearance at the place and on the date 1 D ated______19— Per doz. Min- Bissell Carpet Sweeper Co., above stated be not required, due notice (plus sales imurn Grand Rapids, Mich. to that effect will be given you. The tax if any) retail Enter us for our requirements for Bisell Rules of Practice adopted by the Com­ Elite______$60.00 $7.50 Sweepers (not including “Toy” Sweepers) up mission with respect to answers or failure Broad-way, 17-lnch______60. 00 7.50 to the maximum quantity specified below, to appear or answer (Rule IX) provide F light______51. 00 6. 95 for the twelve months from date of first ship­ Charm______50. 00 6.95 ment under this agreement, at your list prices as follows: American______48. 00 6.45 per dozen prevailing at date of shipment plus Vanity______48.00 6.45 sales tax, if any, subject to the following In case of desire to contest the pro­ Special Service______46.00 6.00 quantity discounts: ceeding the respondent shall, within Sweepmaster______46.00 5.95 _____ %,at the end of the twelve months, twenty (20) days from the service of the Grand Rapids______44.00 5.50 if we have purchased_____ Dozen during complaint, file with the Commission an Silver Streak, 13-inch_____ 39. 00 4.95 that period, or _____ %, if we have purchased_____ Dozen answer to the complaint. Such answer " Cyco” Ball Bearing (Not "Hi-Lo”) during that period. shall contain a concise statement of the Century______$32.00 $3.95 Terms: 2% 10—Net 60 days; freight allow­ facts which constitute the ground of de­ Utility (a $4.75 value)_____ 36.00 Open ance of $0.50 per dozen deductible in fense. Respondent shall specifically ad­ remitting. Plain Bearing We agree not to sell sweepers bearing your mit or deny or explain each of the facts name or trademark at less than your estab­ alleged in the complaint, unless respond­ Universal (a $3.75 value)__ $30.00 (*) lished retail prices at the time of such sales. ent is without knowledge, in which case Reliance (a $3.75 value)___ 30.00 Open (See other side for present price list.) (This respondent shall so state. New Wizard (a $3.75 value)- 30.00 Open paragraph does not apply in any State, Ter­ Champion (a $3.00 value) ritory, or District where price maintenance ***** (not to be sold or adver­ agreements are prohibited.) Failure of the respondent to file answer tised as a “Bissell” Sweep­ Signed______within the time above provided and fail­ er) ______23.00 Open By______Dept______-__ *A $3.75 value which may be sold for less, Street Address______ure to appear at the time and place fixed but not below $2.95. City and State______for hearing shall be deemed to authorize For and Subject to the Approval of Bissell the Commission, without further notice Toy Sweepers Carpet Sweeper Co., At Grand Rapids, to respondent, to proceed in regular Michigan. Per doz. Retail Exhibit C course on the charges set forth in the Little Queen (1 dozen in car­ complaint. to n )______$7.20 $1.00 D ated______19____ Little Gem (3 dozen in car­ If the respondent desires to waive hear­ COVERING CALENDAR TEAR OF 19__ _ ing on the allegations of fact set forth in ton) ______3. 60 .50 Little Helper (3 dozen in car­ Bissell Carpet Sweeper Co., the complaint and not to contest the to n )______1.80 .25 J Grand Rapids, Mich. facts, the answer may consist of a state­ Special Brands Take the Same Prices as Enter our order for the following to be ment that respondent admits all the ma­ Their Equivalents in Our Regular Line. shipped during the calendar year above in­ terial allegations of fact charged in the Terms—2% 10—Net 60 days. dicated : Bissell Carpet Sweeper Co., Not less than Ten dozen “regular” carpet complaint to be true. Respondent by Grand Rapids, Mich. sweepers at your list prices per dozen to the such answer shall be deemed to have U.S.C.C. F779-9/40. trade less 20%; waived a hearing on the allegations of Our requirements for toy sweepers at your fact set forth in said complaint and to Exhibit B1 list prices per dozen to the trade less 20%; 2 Dated______19____ Repair parts at your List Prices per dozen have authorized the Commission, without less 25%. -further--evidence, or other intervening Bissell Carpet Sweeper Co., Above mentioned List Prices are to be procedure, to find such facts to be true, Grand Rapids, Mich. those prevailing at date of shipment—cur­ Enter us for our requirements up to the rent prices listed on other side. and if in the judgment of ihe-Cqmmis- maximum quantity of Bissell Sweepers speci­ Terms: 2% 10—Net 60 days; freight allow­ sion such facts admitted constituteaTvio- fied below (not including “Toy” Sweepers) ance of $.50 per dozen on “regular" sweep­ lation of law or laws as charged in the lor the twelve months from date of first ers, $.08 per dozen on “Toy” sweepers, de­ complaint, to make and serve findings as shipment under this agreement, at your list ductible in remitting. prices per dozen prevailing at date of ship­ We agree not to offer or catalog the “Cham­ to the facts and an order to cease and ment plu^'fi^les tax, if any, subject to the pion” model as a “Bissell” sweeper. desist from such violations. Upon appli­ following quahtity discounts: We agree not to export any of your goods, cation in writing made contemporane­ ------% at billin^4n consideration that we nor to sell them to other jobbers, purchasing purchase not less than> #_____ Dozen such syndicates, “commission” men, or others, sales ously with the filing of such answer, the sweepers during the twelve months; and to whom might tend to defeat your policy of respondent, in the discretion of the Com­ an additional_____ %, at the end of the limited jobbing outlets; also that this agree­ mission, may be heard on brief, in oral twelve months, if we have purchased------ment is terminable by either of us at any argument, or both, solely on the question Dozen during that period. time after we have purchased the minimum We agree that if we should not purchase quantity of carpet sweepers above specified. as to whether the facts so admitted con­ the smaller quantity above specified (on We agree not to sell sweepers bearing your stitute the violation or violations of law which the discount at billing is based) name or trade-mark at less than your estab­ charged in the complaint. within the twelve months, we will honor your lished resale prices to the trade at the time invoice for the amount of such discount we of such sales and to co-operate with you in In witness whereof, the Federal Trade may have received in excess of that which having your established retail prices main­ Commission has caused this, its com­ our purchases shall have earned, based upon tained by retailers. (This paragraph does not plaint, to be signed by its Secretary, and your regular schedule of quantity discounts. apply in any State, Territory, or District FEDERAL REGISTER, S atu rday, Novem ber 22, 1941 5941 where price maintenance agreements are merce between and among the various chased, as payment for advertising serv­ prohibited.) States of the United States, and as a re­ ices, in connection with the sale and S ig n e d ------By______Dept------sult of said sales cause said products to offering for sale of respondent’s cran­ Street Address------be shipped and transported from the berry sauce under the private brand City and State------place of origin of the shipment to the “Montco.” For and Subject to Approval of Bissell Car­ pet Sweeper Co., at Grand Rapids, Michigan. purchasers thereof who are located in the In the city of Philadelphia are located various states of the United States other E x h i b i t D the following jobbers, wholesalers and than the state of origin of the shipment. dealers, customers of respondent, en­ BISSELL CARPET SWEEPER CO. There is and has been, at all times men­ gaged in selling respondent’s product, M. R. Bissell, Jr., Pres.; B. H. Vandermass, tioned, a continuous current of trade and cranberry sauce, under privately owned Treas.; I. J. Bissell, Vice Pres.; J. W. Scott, commerce in the said products across brand names: Ely E. Davis, trading as Sec’y; J. A. Collins, Ass’t Sec’y, Grand Rap­ state lines between respondent’s princi­ ids, Michigan. Githens Rexsamer & Company, who pur­ pal place of business and the purchasers chases said product under the brand Be: Prices for 1938. Resale Price Protection of said products. Said products are sold Under “Fair Trade” Laws name “Herald Brand”; Perloff Brothers, and distributed principally to wholesale who purchase said products under the Gentlemen: We believe you will welcome and jobbing outlets of groceries and food this announcement that minimum retail brand name “Perlo”; L. H. Parke Com­ prices of Bissell Sweepers have already been supplies. pany, which purchases said product un­ or are now being definitely established in Par. 3. In the course and conduct of der the brand name “Parke Brand”; and your State and others by contracts con­ said business, as described herein, re­ taining an agreement that Bissell Sweepers Richmond Grocery Company, which pur­ shall not be sold at less than the prices spondent, since June 19, 1936, has been chases said product under the brand shown in our printed price lists. and is now contracting to pay and paying name “Richmond Brand.” These firms These contracts are made under the provi­ to some of its customers, as part of the purchased large quantities of respond­ sions of the Federal Tydings-Miller Law, and consideration in sales to such customers, the various State “Fair Trade” Laws, most ent’s product during the year 1940 and did of which stipulate th at non-signers of such an advertising allowance which is com­ not receive any payment for advertising contracts are as fully obligated to maintain puted variously at 2V2% of purchase allowance, and such payment for adver­ the correct prices as are those who have spe­ price of respondent’s product, at $240 cifically signed the contracts, provided suit­ tising was not made available to them able notice has been given, which is the and $300 per year, and at 120 per retail during the year 1940, nor during any year purpose of this letter. outlet served by a jobber, for the benefit or season since June 19, 1936 in the This wholesome policy will be supported of such customers without making such course of their dealings with respondent. by refusing to sell to those who fail to ob­ payments available on proportionally serve such established prices and otherwise P ar. 4. The payment and contracts for as these laws provide. We are glad to be able equal terms to other of its customers payment to four of its competing Phila­ to give this better protection to that 99% competing with such favored customers delphia customers of sums of money in or more of Bissell Dealers who have always in the distribution of respondent’s prod­ approved and observed our published prices. consideration for advertising services Copies of our present retail price list are uct. furnished in connection with the sale enclosed for your records and sales floor. Typical of the practices herein com­ and offering for sale, of its product, with­ There will be no change in Bissell prices plained of is the following: for at least the first six months of 1938. It out making such payments available on is our usual custom to announce prices for In the trading area represented by the proportionally equal terms to such cus­ not more than six months in advance. City of Philadelphia, Pennsylvania, are tomers; and the granting to some of its Very truly yours, located in excess of fifty jobbers, whole­ customers of sums of money upon cer­ Bissell Carpet Sweeper Co., tain terms in consideration for adver­ Enc., ------, Secretary. salers and dealers in groceries and food JWS:LF products who deal in respondent’s prod­ tising services furnished in connection uct. Many of these dealers purchase re­ with the sale and offering for sale of its [F. R. Doc. 41-8687; Filed, November 21, 1941; product, while at the same time not mak­ 11:06 a. m.] spondent’s product under a brand name represented by their privately owned ing available such payments upon any label. Located in the City of Philadel­ terms whatsoever to other of its cus­ tomers competitively engaged with those [Docket No. 4637] phia, Pennsylvania are the Quaker City Wholesale Grocery Co., which received customers who are granted such pay­ Cranberry Canners, I nc., a Corporation from respondent the sum of $228.00, ments, is in violation of the provisions of subsection (d) of Section 2, of the Act COMPLAINT equivalent to 3.80 per case purchased, for the year 1940 as payment for advertising described in the preamble hereof. The Federal Trade Commission having services in connection with the sale and Wherefore the premises considered, the reason to believe that the party respond­ offering for sale of respondent’s cran­ Federal Trade Commission on this 14th ent named in the caption hereof, and berry sauce under the private brand day of November, A. D. 1941, issues its hereinafter more particularly designated name “Penn Treaty”; the firm of Alfred complaint against said respondent. and described, since June 19, 1936, has Lowry & Brother, which received from violated and is now violating the provi­ respondent for the year 1940 the sum of NOTICE sions of subsection (d) of section 2 of the $195.70, equivalent to 4.90 per case pur­ Notice is hereby given you, Cranberry Clayton Act as amended by the Robin- chased, as payment for advertising serv­ son-Patman Act, approved June 19, 1936 Canners, Inc., a corporation, respondent ices in connection with the sale and herein, that the 19th day of December, (U.S.C. title 15, Section 13), hereby issues offering for sale, of respondent’s cran­ its complaint stating its charges with re­ A. D. 1941, at 2 o’clock in the afternoon, spect thereto as follows: berry sauce, under the private brand is hereby fixed as the time, and the of­ name “Tarton”; William B. Mackey do­ fices of the Federal Trade Commission in Paragraph 1. Respondent Cranberry ing business under the firm name of H. the City of Washington, D. C., as the Canners, Inc., is a corporation organized Kellogg & Sons, who received from re­ place, when and where a hearing will be and existing under the laws of the State spondent for the year 1940 the sum of had on the charges set forth in this com­ of Delaware, with its principal office and $240.00, equivalent to 60 per case pur­ plaint, at which time and place you will Place of business located at South Han­ chased, as payment for advertising serv­ have the right, under said Act, to appear son, Massachusetts. ices in connection with the sale and and show cause why an order should not Par. 2. Respondent is now and has been offering for sale, of respondent’s cran­ be entered by said Commission requiring since June 19, 1936 engaged in the busi­ berry sauce under the private brand you to cease and desist from the viola­ ness of packing, offering for sale, selling name “Kellogg”; and William Montgom­ tions of the law charged in the complaint. a-nd distributing cranberry juice and ery Company, which received from re­ You are notified and required, on or cranberry juice cocktail. Respondents spondent for the year 1940 the sum of before the twentieth day after service sen and distribute said products in com- $300.00, equivalent to 60 per case pur­ upon you of this complaint, to file with No. 227---- 5 5942 FEDERAL REGISTER, S atu rday, Novem ber 22, 1941 the Commission an answer to the com­ SECURITIES AND EXCHANGE COM­ Exchange Commission Building, 1778 plaint. If answer is filed and if your ap­ MISSION. Pennsylvania Avenue NW., Washington, pearance at the place and on the date D. C. On such day the hearing room above stated be not required, due notice [Pile No. 812-237] clerk in Room 1102 will advise interested to that effect will be given you. The Rules In the M atter of the Brooklyn Na­ parties where such hearing will be held; of Practice adopted by the Commission tional Corporation It is further ordered, That Charles S. with respect to answers or failure to NOTICE OF AND ORDER FOR HEARING Lobingier, Esquire, or any other officer appear or answer (Rule IX) provide as or officers of the Commission designated follows): At a regular session of the Securities by it for that purpose shall preside at the and Exchange Commission, held at its hearing on such matter. The officer so In case of desire to contest the pro­ office in the City of Washington, D. C., designated to preside on such hearing is ceeding the respondent shall, within on the 21st day of November, A. D. 1941 hereby authorized to exercise all the pow­ twenty (20) days from the service of the An application having been filed by ers granted to the Commission under sec­ complaint, file with the Commission an the above named applicant under and tions 41 and 42 (b) of the Investment answer to the complaint. Such answer pursuant to the provisions of Section 6 Company Act of 1940 and to Trial Exam­ shall contain a concise statement of the (c) for an exemption from the provisions iners under the Commission’s Rules of facts which constitute the ground of de­ of sections 8 (b), 13 (a) and 30 (d) of Practice. fense. Respondent shall specifically ad­ the Investment Company Act of 1940; Notice is hereby given to the applicant mit or deny or explain each of the facts It is ordered, That a hearing on the and to any other persons whose partici­ alleged in the complaint, unless respond­ aforesaid application be held on Novem­ pation in such proceeding may be in the ent is without knowledge, in which case ber 28, 1941 at 10:00 o’clock in the fore­ public interest or for the protection of respondent shall so state. noon of that day at the Securities and investors. ***** Exchange Commission Building, 1778 By the Commission. Pennsylvania Avenue NW., Washington, Failure of the respondent to file answer [seal] F rancis P. Brassor, within, the time above provided and fail­ D. C. On such day the hearing room Secretary. ure to appear at the time and place fixed clerk in Room 1102 will advise interested for hearing shall be deemed to authorize parties where such hearing will be held; [F. R. Doc. 41-8693; Filed, November 21,1941; the Commission, without further notice It is further ordered, That Charles S. 11:42 a. m.] to respondent, to proceed in regular Lobingier, Esquire, or any other officer course on the charges set forth in the or officers of the Commission designated [File No. 70-418] complaint. by it for that purpose shall preside at If respondent desires to waive hearing the hearing on such matter. The officer I n the Matter of K entucky Utilities on the allegations of fact set forth in the so designated to preside on such hearing Company, K entucky P ower & Light complaint and not to contest the facts, is hereby authorized to exercise all the Company, T he Middle W est Corpora­ the answer may consist of a statement powers granted to the Commission under tion, and United P ublic Service Cor­ that respondent admits all the-material sections 41 and 42 (b) of the Investment poration Company Act of 1940 and to Trial Exam­ allegations of fact charged in the comr NOTICE OF AND ORDER FOR HEARING plaint to be true. Respondent by such iners under the Commission’s Rules of answer shall be deemed to have waived Practice. At a regular session of the Securities a hearing on the allegations of fact set Notice is hereby given to the applicant and Exchange Commission held at its forth in said complaint and to have au­ and to any other persons whose partici­ office in the City of Washington, D. C., thorized the Commission, without further pation in such proceeding may be in the on the 18th day of November, A. D. 1941. evidence, or other intervening procedure, public interest or for the protection of Applications and declarations having to find such facts to be true, and if in investors. been filed with this Commission pur­ the judgment of the Commission such By the Commission. suant to the Public Utility Holding Com­ facts admitted constitute a violation of [ seal ] F rancis P; B rassor, pany Act of 1935 by Kentucky Utilities law or laws as charged in the complaint, Secretary. Company, Kentucky Power & Light to make and serve findings as to the facts [P. R. Doc. 41-8692; Piled, November 21, 1941; Company, The Middle West Corporation and an order to cease and desist from 11:42 a. m.] and United Public Service Corporation; such violations. Upon application in and writing made contemporaneously with Such applications and declarations the filing of such answer, the respondent, [Pile No. 812-231] concerning the following: in the discretion of the Commission, may Kentucky Utilities Company, a public be heard on brief, in oral argument, or I n the Matter of Consolidated I nvest­ ment T rust utility subsidiary of The Middle West both, solely on the question as to whether Corporation, a registered holding com­ the facts so admitted constitute the vio­ NOTICE OF AND ORDER FOR HEARING pany, proposes to purchase from United lation or violations of law charged in the At a regular session of the Securities Public Service Corporation, a registered complaint. and Exchange Commission, held at its holding company subsidiary of The In witness whereof, the Federal Trade office in the City of Washington, D. C., Middle West Corporation, a promissory Commission has caused this, its com­ on the 19th day of November, A. D. 1941. note of Kentucky Power & Light Com­ plaint, to be signed by its Secretary, and An application having been filed by pany, a public utility subsidiary of its official seal to be hereto affixed, at the above named applicant under and United Public Service Corporation, said Washington, D. C., this 14th day of pursuant to the provisions of section 6 note being payable to United Public Serv­ November, A. D. 1941. (c) for an exemption from the provisions ice Corporation in the principal amount By the Commission. of section 13 (a) (1) of the Investment of $1,200,000 due April T, 1942. Ken­ Company Act of 1940; tucky Utilities Company also proposes [seal] O tis B. J ohnson, It is ordered, That a hearing on the to purchase frftm United Public Service Secretary. aforesaid application be held on Novem­ Corporation 16,000 shares of common [P. R. Doc. 41-8688; Filed, November 21, 1941; ber 28, 1941 at 10:00 o’clock in the fore­ stock of the par value of $50 per share 11:06 a. m.j noon of that day at the Securities and of Kentucky Power & Light Company FEDERAL REGISTER, S atu rday, N ovem ber 22, 1941 5943 held by United Public Service Corpora­ purpose, shall preside in the hearing in notice shall be given tor all persons by tion. Kentucky Utilities Company pro­ such matter. The officer so designated to publication in the F ederal R egister, not poses to pay for such acquisitions the preside at such hearing is hereby author­ later than fifteen days prior to the date giim of $1,100,000, plus accrued interest ized to exercise all powers granted to the hereinbefore fixed for the hearing, of a on said note to the date of delivery and Commission under section 18 (c) of said copy of this Notice of and Order for payment. Act and to a trial examiner under the Hearing. Upon consummation of such acquisi­ Commission’s Rules of Practice; It is requested that any person desir­ tions Kentucky Utilities Company will It is further ordered, That, without lim­ ing to be heard or to be admitted as a hold all the outstanding securities of iting the scope of issues presented by said party to such proceeding shall file a Kentucky Power & Light Company ex­ applications and declarations as filed or notice to that effect to the Commission as amended, particular attention will be on or before the fourth day of December, cept its First Mortgage 5 V2 % Gold Bonds, Series A and Series B, outstanding in the directed at said hearing to the following 1941. principal amount of $1,207,400, and Ken­ matters and questions: By the Commission. tucky Utilities Company proposes to ac­ 1. Whether it is necessary or appropri­ [seal] F rancis P. B rassor, quire all the property and assets of Ken­ ate in the public interest or for the pro­ Secretary. tucky Power & Light Company subject tection of .investors or consumers or to [F. R. Doc. 41-8694; Filed, November 21, 1941; to the liabilities of such company, in­ prevent the circumvention of the privi- 11:42 a. m.] cluding said outstanding bonds, in ex­ sions of the Public Utility Holding Com­ change for the securities of Kentucky pany Act of 1935 or any rules, regulations Power & Light Company to be held by or orders thereunder, to impose any con­ [File No. 59-37] Kentucky Utilities Company. ditions regarding the consideration to be Kentucky Utilities Company proposes received for such sale, the maintenance of I n the M atter op Central I llinois to sell to The Middle West Corporation competitive conditions, fees and commis­ P ublic S ervice Company 31,429 shares of its common stock with­ sions, accounts, disclosure of interest, and ORDER POSTPONING DATE OF HEARING out par value at their stated value of $35 similar matters with respect to the sale At a regular session of the Securities per share, or $1,100,015 in the aggregate, by United Public Service Corporation to and Exchange Commission, held at its the proceeds thereof to be used by Ken­ Kentucky Utilities Company of the se­ office in the City of Washington, D. C., on tucky Utilities Company in consummat­ curities of Kentucky Power & Light the 21st day of November, A. D. 1941. ing the acquisition of the securities of Company. The Commission having on October 10, Kentucky Power & Light Company from 2. The facts and circumstances con­ 1941, issued its Notice of and Order for United Public Service Corporation. cerning the ownership of the notes and Hearing in the above entitled matter pur­ Kentucky Utilities Company proposes common stock of Kentucky Power & Light suant to the provisions of sections 11 (b) to sell at private sale $1,000,000 principal Company by United Public Service Cor­ (2) and 15 (f) of the Public Utility Hold­ amount of its First Mortgage Bonds, Ser­ poration. ing Company Act of 1935, directing that ies of 1970, 4% due January 1, 1970, the 3. Whether the accounting entries to a hearing be held on November 24, 1941, proceeds of such sale to be used together be made in connection with any or all at 10 A. M. in the offices of the Commis­ with general funds of Kentucky Utilities of such proposed transactions comply sion with reference to the allegations of Company to the extent necessary to ef­ with the requirements of the Public Util­ the said Notice of and Order for Hear­ fect the retirement of the outstanding ity Holding Company Act of 1935 and all ing; and bonds of Kentucky Power & Light Com­ rules and regulations promulgated there­ Central Illinois Public Service Com­ pany by the payment at their maturity under. pany having requested that the date for on April 1, 1942 of such bonds of Series 4. Whether the fees proposed to be the hearing as above be postponed be­ A outstanding in the principal amount of paid for any or all services to be per­ cause, by reason of prior engagements of $755,500 and the redemption on March 1, formed in connection with any of such counsel for the respondent, additional 1942 at 101% of such bonds of Series B transactions are or are not reasonable. time will be required for preparation for outstanding in the principal amount of 5. Whether the terms and conditions the said hearing; and $451,900. of any or all of the proposed transactions It appearing to the Commission that It appearing to the Commission that it are detrimental to the public interest or the reqqpst made to the Commission by is appropriate in the public interest and the interest of investors or consumers. the respondent is not unreasonable and the interest of investors and consumers 6. Whether terms and conditions are may appropriately be granted; that a hearing be held with respect to necessary to be imposed to insure com­ It is ordered, That the date set for the said declarations dhd applications, and pliance with the requirements of the Pub­ hearing in the above matter by the said that said declarations shall not become lic Utility Holding Company Act of 1935 Order of October 16, 1941, be and the effective or said applications be granted or any rules, regulations or orders pro­ same hereby is postponed to Wednesday, except pursuant to further order of the mulgated thereunder. December 10, 1941, at 10 o’clock in the Commission, and that at said hearing 7. Whether all actions proposed to be forenoon at the same time and before the there be considered, among other things, taken comply with the requirements of same officer of the Commission specified the various matters hereinafter set forth: such Act and rules, regulations or orders in the Commission’s Order of October 10, It is ordered, That a hearing on such promulgated thereunder. 1941. matter under the applicable provisions of By the Commission. said Act and the Rules of the Commis­ Notice of such hearing is hereby given sion thereunder be held on December 8, to such declarants or applicants and to [seal] F rancis P. Brassor, 1941 at 10 o’clock A. M. at the offices of any other person whose participation in Secretary. the Securities and Exchange Commis­ such proceeding may be in the public in­ [F. R. Doc. 41-8695; Filed, November 21, 1941; sion, 1778 Pennsylvania Avenue NW., terest and for the protection of investors 11:42 a. m.] Washington, D. C. On such day the hear­ and consumers, and it is particularly ing room clerk in Room 1102 will advise given to the stockholders of United Public as to the room where such hearing will be Service Corporation. [FUe No. 70-441] held. At such hearing cause shall be It is further ordered, That such notice I n the M atter of Central M aine P ower shown why the declarations as filed shall shall be given further by general release Company become effective; of the Commission distributed to the It is further ordered, That James G. press and mailed to the mailing list for NOTICE REGARDING FILING Ewell, or any other officer or officers of releases issued under the Public Utility At a regular session of the Securities the Commission designated by it for that Holding Company Act of 1935. Further I and Exchange Commission, held at Its 5944 FEDERAL REGISTER, Satu rday, Novem ber 22, 1941 office in the City of Washington, D. C., [File No. 70-410] that the aforesaid declaration, as on the 21st day of November, A. D. 1941. I n the M atter of Crescent P ublic Serv­ amended, be and hereby are permitted to Notice is hereby given that a declara­ ice Company, and Empire Southern become effective forthwith. tion or application (or both) has been Service Company By the Commission, Commissioner filed with this Commission pursuant to Healy dissenting for the reasons set the Public Utility Holding Company Act ORDER GRANTING APPLICATION PURSUANT TO forth in his memorandum of April 1, of 1935 by the above named party; and SECTION 10 AND PERMITTING DECLARATIONS 1940. TO BECOME EFFECTIVE Notice is further given that any in­ [seal] F rancis P. B rassor, terested party may, not later than De­ At a regular session of the Securities Secretary. cember 6, 1941, at 1:15 P. M., E. S. T., and Exchange Commission, held at its request the Commission in writing that a office in the City of Washington, D. C., [F. R. Doc. 41-8697; Filed, November 21, 1941; hearing be held on such matters, stating on the 19th day of November, A. D. 1941. 11:43 a. m.] the reasons for such request and the na­ The above-named persons having filed ture of his interest, or may request that an application and declarations pursuant he be notified if the Commission should to the Public Utility Holding Company [File No. 59-17] order a hearing thereon. At any time Act of 1935, and particularly sections I n the M atter of the United Light and thereafter such declaration or applica­ 10, 12 (c) and 12 (f) thereof and Rules P ower Company, the U nited Light and tion may become effective as provided in U-42 and U-43 thereunder with respect R ailways Company, American Light & Rule U-23 of the Rules and Regulations to a transaction wherein Crescent Public T raction Company, Continental Gas promulgated pursuant to said Act, or the Service Company proposes to acquire & E lectric Corporation, U nited Amer­ Commission may exempt such transac­ $87,500 principal amount of its Collateral ican Company, and I owa-N ebraska tion as provided in Rules U-20 (a) and Trust 6% Income Bonds, Series B, due Light and P ower Company, R espond­ U-100 thereof. Any such request should October 1, 1954, and 2,055 shares of its ents be addressed: Secretary, Securities and Common Stock, $1 par value, from Em­ [File No. 59-11] Exchange Commission, Washington, D. C. pire Southern Service Company, its All interested persons are referred to wholly-owned subsidiary company; and T he United Light and P ower Company said declaration or application which is Said application and declarations hav­ and I ts Subsidiary Companies, Re­ on file in the office of said Commission for ing been filed on October 7, 1941, and spondents a statement of the transactions therein certain amendments thereto having been [File No. 54—25] proposed which are summarized below: filed, the last of said amendments having T he U nited Light and P ower Company, been filed on November 15, 1941, and Applicant Central Maine Power Company, a sub­ notice of said filing having been duly sidiary of Northern New England Com­ given in the form and manner prescribed ORDER GRANTING APPLICATION NO. 4 RELAT­ pany and of New England Public Service by Rule U-23, promulgated pursuant to ING TO TRANSACTIONS INCIDENTAL TO DIS­ Company, registered holding companies, said Act, and the Commission not having SOLUTION OF UNITED AMERICAN COMPANY proposes to issue and sell $1,000,000 prin­ received a request for a hearing with cipal amount of First and General Mort­ At a regular session of the Securities respect to said declarations within the and Exchange Commission, held at its gage Bonds, Series L 3x/2% due 1970, to period specified in said notice, or other­ Aetna Life Insurance Company and to office in the City of Washington, D. C., wise, and not having ordered a hearing on the 18th day of November, A. D. 1941. New England Mutual Life Insurance thereon; and Company at the price of 111 percent of The United Light and Power Company, The above-named persons having re­ The United Light and Railways Com­ the principal amount thereof plus ac­ quested that the said application, as pany, United American Company (all crued interest from October 1,1941. The amended, be granted, and that said dec­ registered holding companies) and company has agreed to pay $2,500 to larations, as amended, become effective United Power Manufacturing Company, Coffin & Burr, Incorporated, for services as promptly as possible; and a subsidiary of The United Light and rendered or to be rendered in effecting The Commission finding with respect Railways Company, having jointly and the sale of these bonds. to said application, as amended, under severally filed herein Application No. 4 The application recites that the issue section 10 of the Act, that no adverse pursuant to the Public Utility Holding and sale of these bonds will be expressly findings are necessary under section 10 Company Act of 1935, particularly sec­ authorized by the Public Utilities Com­ (b) and section 10 (c) (1) and that the tions 11 (b), 9 (a), 10 and 12 (c), (d) mission of Maine and that the funds to transaction involved has the tendency and (f) thereof ant| Rules U-42, U-43, be derived from such sale are necessary required by section 10 (c) (2), and find­ U-44 and U-46 thereunder, regarding the due to commitments for construction. ing with respect to said declarations, as following proposed transactions: The application recites that the com­ amended, pursuant to Rules U-42 and 1. United American Company proposes pany considers section 6 (b) of said Act U-43 that the requirements of sections to transfer all of its assets which consist as being applicable to such transaction 12 (c) and 12 (f), respectively, of said chiefly of 558,864 shares of common Act are satisfied, and being satisfied that stock, par value $25.00 per share, of and also requests exemption from the the effective date of such declarations, provisions of Rule U-50, pursuant to American Light & Traction Company and as amended, and the date of granting $1,552,000 principal amount of 6% de­ paragraph (4) or (5) thereof. such application, as amended, should be bentures of United Power Manufacturing By the Commission. advanced: Company, to The United Light and Rail­ It is hereby ordered, Pursuant to Rule [seal] F rancis P. Brassor, ways Company. Secretary. U-23 of said Act and subject to the terms 2. The United Light and Railways Com­ and conditions prescribed in Rule U-24 pany proposes to surrender to United [F. R. Doc. 41-8696; Filed, November 21,1041j that the aforesaid application, as American Company for cancellation all 11:42 a. m.] amended, be and hereby is granted, and of the latter’s outstanding stock consist- FEDERAL REGISTER, S atu rday, Novem ber 22, 1941 5949 ing of 100 shares; and all of the Indebted­ tions 12 (c), (d) and (f) of the Act and [File No. 70-412J ness of the United American Company to Rules U-42, U-43, U-44 and U-46 there­ In the M atter of F ederal Light & T rac­ The United Light and Railways Company under, and the applicants having con­ tion Company, R awlins E lectric Com­ which is in the form of an open account sented in writing to the reservation of pany, Sheridan County E lectric Com­ for cash advanced in the amount of jurisdiction hereinafter provided for; pany, and T he T rinidad E lectric $26,872,970 plus accrued interest which and T ransmission, R ailway & G as Com­ at September 30, 1941 amounted to The Commission finding with respect pany $557,165.46. to said application under section 10 of 3. Thereafter United American Com­ said Act, that no adverse findings are SUPPLEMENTAL ORDER WITH RESPECT TO pany will be dissolved in accordance with necessary under section 10 (b) and sec­ CHANGES IN INDENTURES PROVISIONS the laws of the State of Delaware under tion 10 (c) (1) of said Act and that the At a regular session of the Securities which it was organized. transactions involved have the tendency and Exchange Commission, held at its 4. United Power Manufacturing Com­ required by section 10 (c) (2) of said office in the City of Washington, D. C., pany proposes to transfer to the United Act; and on the 19th day of November, A. D. 1941. Light and Railways Company 77,596 The Commission finding that the The Commission having, by order en­ shares of 6% preferred stock of American transactions described in paragraphs tered November 6, 1941, permitted, Light & Traction Company in exchange numbered 1 to 4 inclusive herein are among other things, declarations pur­ for the surrender by The United Light necessary to effectuate the provisions of suant to Section 7 of the Public Utility and Railways Company to United Power section 11 (b) of the Public Utility Hold­ Holding Company Act of 1935 to become Manufacturing Company for cancella­ ing Company Act of 1935, 49 Stat. 820, effective regarding the issue and sale by tion of $1,552,000 principal amount 6% (U.S.C., Sup. V, Title 15, 879k (b) ) and Rawlins Electric Company and Sheridan debentures of United Power Manufac­ to comply with the applicable provisions County Electric Company of 3^% First turing Company which debentures will of our order of March 20, 1941. (Hold­ Mortgage Bonds due 1966 to John Han­ be acquired by The United Light and ing Company Act Release No. 2636) cock Mutual Life Insurance Company, Railways Company upon the liquidation It is hereby ordered, Pursuant to the and, by virtue of Rule U-24, having re­ of United American Company, as above applicable provisions of said Act and the served jurisdiction to pass upon any described. applicable rules thereunder, subject to modifications of the terms and condi­ Said application having been filed on the terms and conditions prescribed in tions of any document previously sub­ October 29, 1941 and notice of said filing Rule U-24, that the aforesaid application mitted to the Commission with refer­ having been duly given as required by be and the same is hereby granted. ence thereto; and the Act and applicable rules of the Com­ Our approval of the application is, Rawlins Electric Company and Sheri­ mission, and the Commission not having however, expressly subject to a reserva­ dan County Electric Company having on received a request for hearing with re­ tion of jurisdiction by this Commission November 18, 1941, requested that the spect to said application within the pe­ with respect to the final accounting en­ Commission enter an order permitting riod specified in said notice, or otherwise, tries to be placed upon the books of The the making of certain modifications of and not having ordered a hearing there­ United Light and Railways Company to the indentures securing said bonds which on; and record the receipt of the American Light they state are required by the chattel The applicants having requested that & Traction Company securities and the mortgage laws of the State of Wyoming; an order be entered granting said appli­ amount at which such securities shall be and cation on the fifteenth day after the fil­ recorded on the books of The United It appearing to the Commission that ing thereof; and Light and Railways Company. the modifications of the indentures as United Power Manufacturing Com­ It is further ordered, That United proposed are not such as to require any pany having requested that it be made a Power Manufacturing Company be made change in the Commission’s order of party to these proceedings to the extent a party to this proceeding for the purpose November 6, 1941; necessary to entitle it to join in this ap­ necessary to effectuate the aforedescribed It is ordered, That the jurisdiction re­ plication and to secure authority of the transactions in which it has an interest. served by the Commission is hereby re­ Commission in these proceedings to con­ By the Commission, Judge Healy dis­ leased with respect to the proposed summate the aforedescribed transac­ senting for the reasons set forth in his modifications. tions in which it has an interest; and memorandum of April 1, 1940. By the Commission. The Commission deeming it appropri­ [seal] F rancis P. Brassor, [seal] F rancis P. Brassor, ate in the public interest and in the in­ Secretary. Secretary. terest of investors and consumers to [F. R. Doc. 41-8698; Filed, November 21, 1941; [F. R. Doc. 41-8699; Filed, November 21, 1941; grant said application pursuant to sec­ 11:43 a. m.] 11:43 a. m.]