¿ X O H A L ^ ,

. » H •UTTERA ItTíBA t SCRIPTA FEDERAL REGISTER 1934 ^ VOLUME 10 C

Washington, Saturday, August 4, 1945

Regulations (c) A “local flying area” is an area in CONTENTS the vicinity of a designated landing area, including any channel leading thereto, REGULATIONS AND NOTICES TITLE 14—CIVIL AVIATION recorded by the Administrator after co­ ordination with all local interests, and A l ie n P r o per ty C u s t o d ia n : Vesting orders, copyrights: Page Chapter I—Civil Aeronautics Board with the defense commander if within Belaieff, M. P. (2 documents) _ 9682, [Civil Air Begs., Amdt. 41-1] a vital defense area, for nonexclusive use of local aircraft operations’ emanating 9683 German and Austrian nation­ P art 41— C ertification a n d O p e r a t io n from that designated area. als (2 documents)___ 9683,9684 R u l e s for S cheduled A ir C arrier O p ­ (d) A “vital defense area” is in area C iv il A er o n au tic s B oard: er atio ns O ut sid e t h e C o n t in e n t a l set aside by competent military au­ Air traffic rules; cruising alti­ L im it s o f t h e U n ite d S tates thority within which the operation of tudes ______9657 aircraft is prohibited or is authorized POSTPONEMENT OF EFFECTIVE DATE Certification and operation rules only subject to prescribed conditions. Adopted by the Civil Aeronautics for scheduled air carrier Board at its office in Washington, D. C., § 43.801 Flight rules, (a) Aircraft operations outside conti­ on the 31st day of July 1945. shall be based only at designated landing nental limits of U. S.; post­ areas. Effective July 31, 1945, Part 41 of the ponement of effective date- 9655 Civil Air Regulations is amended by post­ N ote: An aircraft is not prohibited from General operation rules; war poning the effective date from August 1, malting an occasional take-off and landing emergency regulations_____ 9655 1945, to September 1, 1945. from areas other than designated landing Trans-Marien Airlines, Inc., areas outside vital defense areas. This does hearing______9682 (52 Stat. 984, 1007; 49 U.S.C. 425, 551) not apply to military airfields, use of which F ederal C ommunications C o m m is ­ by civil aircraft requires specific authoriza­ s io n : By the Civil Aeronautics Board. tion by appropriate military authorities. K ID Broadcasting Co., hearing. 9682 F red A. T oo m bs, (b) No person shall pilot an aircraft G eneral L and O f f ic e : Secretary. within a vital defense area unless the Alaska, withdrawal of public [F. R. Doc. 45-14267; Filed, Aug. 3, 1945; flight has been approved by the respon­ lands for use of War De- 10:47 a. m.] sible defense command or by the agency partment.______9679 to which authority has been delegated California, reduction of with­ for such approval: Provided, That ap­ drawal— ______9680 proval is not required for flights from Wyoming and Colorado, power [Civil Air Regs., Amdt. 43-1] designated landing areas confined to the site restoration and partial P art 43— G eneral O per atio n R u l e s local flying area. revocation of certain Exec­ utive orders,.______9680 WAR EMERGENCY REGULATIONS § 43.802 Cancellation of designation. The Administrator may, at any time, I nterstate C om m er ce C o m m is s io n : Hay, Portland, Oreg.; unload­ At a session of the Civil Aeronautics cancel the designation of a landing area ing ------9682 Board held at its office in Washington, if it is determined such action is neces­ D. C., on the 31st day of July, 1945. sary to public safety or to prevent con­ Oranges and lemons from Ari­ Effective August 1,1945, Part 43 of the flict with military operations. zona or California; permit Civil Air Regulations is amended by add­ required for shipments____ 9681 ing a new § 43.8 to read as follows: § 43.81 Military insignia. No aircraft, N a t io n a l W ar L abor B oard: other than aircraft of the national de­ Rules of procedure; miscellane­ § 43.8 War emergency regulations. fense forces of the .United States, shall ous amendments______9657 § 43.80 Designation of airports. be operated with emblems, insignia, or Wages aiitt salaries, approval of markings of the national defense forces increases______9657 § 43.800 Definitions. (As used in this unless written authorization for such use § 43.8). (a) The term “ aircraft” means O f fic e o f C ontract S e t t l e m e n t : is obtained from the War or Navy De­ Termination cost memoran­ all aircraft other than those operated by partments. scheduled air carriers, the United States dums ; fixed-price supply Army or Navy, the Civil Aeronautics Ad­ § 43.82 Search of passengers’ baggage. contracts______9675 ministration, or the Civil Aeronautics The pilot in command of^an aircraft, or O f fic e o f E c o n o m ic S t a b il iz a ­ Board. any person designated by him, shall t io n : (b) A “ designated landing area” is an search passengers' baggage or cargo Support-prices, subsidies; Cali­ area designated by the Administrator whenever and to the extent that the pilot fornia raisin and grape pro­ as a regular base of operation for air­ believes national security so requires. If gram, 1945-46 marketing craft during the period of national such baggage or cargo includes a camera, season______9674 emergency. (Continued on p. 9657) (Continued on p. 9656#; 9655 9656 FEDERAL REGISTER, Saturday, August 4, 1945 CONTENTS—Continued CONTENTS—Continued

u r plu s roperty oard O ffice of P rice A d m in istr a ­ S P B —Con. Trucks, allocation for disposal t io n —Continued. FEDERALÄREGISTER Adjustments and pricing or­ to farmers and farmers’ co­ ders—Continued. Pa&e operatives— Continued. Pai e ¿Russel Mfg. Co------9687 Oklahoma------9697 Smith, Gordon Arther, Inc— 9690 Utah—______— 9697 U. S. Aladdin Co------9693 Solid F uels A dministration for Published daily, except Sundays, Mondays, W ar: and days following legal holidays, by the Cotton goods, carded grey and colored-yarn (RPS 35, Am. Phillips-Thompson Co., revoca­ Division of the Federal Register, the National tion of suspension order— 9682 Archives, pursuant to the authority contained 27) _____ 9669 in the Federal Register Act, approved July 26, Food rationing for institutional W ar D epartment: 1935 (49 Stat. 500, as amended; 44 U.S.C., users (Gen. RO 5, Am. .112) _ 9673 State guard; correspondence ch. 8B ), under regulations prescribed by the Fuel oil (Rev. RO 11, Am. 62) — 9669 and reports, channels of Administrative Committee, approved by the Gasoline rationing (Rev. RO 5C, communication------9657 President. Distribution is made only by the Am. 1 3 )______—------— 9669 W ar M anpower C o m m issio n : Superintendent of Documents, Government Minimum wartime workweek: Printing Office, Washington 25, D. C. Glass containers, narrow mouth (MPR 188, Am. 90 to Order Indiana: * The regulatory material appearing herein is Elkhart County------9684 keyed to the Code of Federal Regulations, A - l ) ------— ------9694 which is published; under 50 titles, pursuant Livestock slaughter and meat Marshall and St. Joseph to section 11 of the Federal Register Act, as distribution (Control Order Counties______9684 amended June 19, 1937. 1, Am. 2 to Supp. 1, Am. 2 to Rush, Fayette and Franklin The Federal Register will be furnished by Supp. 2) (2 documents) — 9673 Counties______9684 mail to subscribers, free of postage, for $1.50 Wayne County------9685 Lumber: per month or $15.00 per year, payable in ad­ Wisconsin: , vance. The charge for individual copies Hardwood, yard sales in Ken­ tucky (RMPR 467, Arndt. Door and Kewaunee Coun­ (minimum 15i) varies in proportion to the ties.:---- 9684 size of the issue. Remit check or money 2 ) _____ 9674 order, made payable to the Superintendent Softwood, yard sales ceiling Manitowoc area------9684 of Documents, directly to the Government prices in Chicago (Gen. W ar P roduction B oard: Printing Office, Washington 25, D. C. Order 65) 1--- .------9685 Automobiles, passenger, ration­ There are no restrictions on the republica­ ing (Dir. 1-X) —------— 9658 Meats, fats, fish and cheeses tion of material appearing in the. F ederal Cotton and wool machine Register. (Rev. RO 16, Am. 60)— — 9674 knitted items (M-328B, Am. Petroleum, crude and natural, 3 to Sch. B )— ------9667 and petroleum gas (RMPR Magazines and periodicals (L - 436, Am. 17)______9669 N O T IC E 244, Supp. 1 )----- 9665 Plywood and veneers from Re­ Motor vehicles, new and used 1944 Supplement construction Finance Cor­ commercial; rationing (Di­ poration (SO 94, Order 74) _ 9694 Book 1 of the 1944 Supplement to rective 36) — :-----:— •----- 9658 Processed foods (Rev. RO 13, Newspapers (L-240, incl. Ints. the Code of Federal Regulations, Am. 66 to 2d Rev. Supp. 1) _ 9674 1_4)_____ 9662 containing Titles 1-10, including Puerto Rico, tire rationing Suspension orders, etc.: Presidential documents in full text, . (Rev. RO IB, Am. 1 )----- 9667 Connell Sales C o.------9660 is now available from the Superin­ Resins, natural (MPR 297, Am. Food Store Engineering & Fix­ 4> ______— 9674 tendent of Documents, Government ture Co------.------9661 Gilboard Refrigeration CO— 9660 Printing Office, at $3.00 per copy. Splits, limed, pickled and blue chrome (MPR 61, Am. 2 to Hingeco Vanities, Inc------. 9659 A limited sales stock of the Cu­ Order 4 )______9693 Housh Co., Inc------— 9661 mulative Supplement and the 1943 Sugar (2d Rev. RO 3, Am. 30, Kirkendall Boot Co------— 9659 Supplement is still available as 31) (2 documents)------9673 Leonard Tissue Co------— 9662 previously announced. P atent O ffice : Marshall Spinning Mill, Inc_ 9661 Licenses to file applications for Milne, Walter S------9702 patents in foreign coun­ St. Anne Freezing and Proc­ tries; extension______9679 essing Co------9660 CONTENTS—Continued Washington Times-Herald— 9662 S ecurities and Exchange C o m ­ Western Tool & Die Co------9659 O ffice of E c o n o m ic S tabiliza­ m ission : Hearings, etc.: W ar Sh ip pin g A dministration: tion—Continued. PaSe Insurance, cargo.------9681 Wentworth Bus Lines Inc. and Electric Bond' and Share Co. et al______-___A — 9695 Amalgamated Assn. of CODIFICATION GUIDE Street, Electric Railway and Georgia Power and Light Co_ 9695 Motor Coach Employees of New York Water Service Corp. A numerical list of the parts of the Code et al______9696 of Federal Regulations amended or added by America; directive to Office documents published in this issue. Docu­ of Defense Transportation S urplus P roperty B oard: ments carried in the Cumulative Supplement and Office of Price Admin- Bituminous emulsion camou­ by uncodified tabulation only are not in­ istration______9684 flage plant, destruction.— 9701 cluded within the purview of this list. O ffice of P rice A dministration; Disposal agencieg, designation, and procedures for report­ T itle 14— Civil A v ia t io n : Adjustments and pricing orders: Chapter I—Civil Aeronautics Associated Products Co------9690 ing surplus property in U. S., its territories and Board: * Page Chalmers Knitting Co------9691 Part 41—Certification and op­ Colon, Maria Isabel------9686 possessions— <------9678 Disposal agencies’ financial re­ eration rules for sched­ Cordero, Isidro------9685 uled air carrier operations Fonseca, Baltazar------9686 ports______9697 outside the continental Gilberton Coal Co------9692 Refunds to* purchasers, special limits of the U. S------.9655 Harrington and Richardson accounts______9697 Part 43—General operation Arms C o.------—— 9690 Trucks, allocation for disposal rules______9655 Kenworthy, M, S., C o.------9692 to farmers and farmers’ co­ Part 60—Air traffic rules------9657 Knudson Mfg. Co------9693 operatives:- T itle 29—L abor : Perez, Leopoldo--- .------9687 Connecticut, Massachusetts, Chapter VI—National War La­ Reichard, William R ------9686 Maine, and New Hamp­ bor Board: Part 802—Rules of procedure. 9657 Reyes, Bonifacio------9695 shire______9702 FEDERAL REGISTER, Saturday, August 4, 1945 9657

CODIFICATION GUIDE—Continued (52 stat. 984,1007; 49 U.S.C. 425, 551) § 803.7 Approval of increases in com­ By the Civil Aeronautics Board. pliance with Fair Labor Standards Act. T itle 29—L abor—Continued. Since Title VI, section 1 of Executive Chapter VI—National War La­ F red A. T oombs, Order No. 9250, dated October 3, 1942, bor Board—Continued. Page Secretary. states that “nothing in this order shall be Part 803—General orders____ 9657 construed as affecting the present oper­ Chapter V II—War Manpower [F. R. Doc. 45-14269; Filed, Aug. 3, 1945; 10:47 a. m.] ation of the Fair Labor Standards Act”, Commission: and since statutes and orders of the duly Part 903—Minimum wartime constituted authorities of the several workweek of 48 hours (6 states fixing minimum rates for certain documents)1______9684,9685 TITLE 29—LABOR types of workers carry out the true pur­ T itle 32— N ational D e fense: poses and intent of the Fair Labor Chapter II—National Guard and Chapter VI—National War Labor Board Standards Act, and are designed and in­ State Guard, War Depart­ tended to eliminate substandards of liv­ P art 802—R ules of P rocedure ment : ing within the meaning of section 2 of Part 211—State Guard-— . — 9657. MISCELLANEOUS AMENDMENTS Title n of Executive Order No. 9250, the Chapter IX —War Production National War Labor Board hereby ap­ Board: The National War Labor Board has added the following paragraphs to proves increases in wage and salary rates Part 903—Delegations of au­ made in compliance with such statutes thority (2 documents)._ 9658 §§ 802.25 (b) and 802.57 (b) (1) of its rules of procedure as follows: and orders: Provided however, That if Chapter X V III—Office of Eco­ any changes in such statutes or orders nomic Stabilization: § 802.25 Panel report and comments. are made or promulgated after April 8, Part 4003—Support prices; * * * 1943, increases directed thereby which subsidies___— __L _____ 9674 (b ) Procedure in cases involving price would result in a wage or salary rate in Chapter X X —Office of Contract relief or increases in production cost. excess of the rate which the War Labor Settlement: * * * Board establishes as a minimum wage Part 8004—Termination cost (4) For procedure to be followed where rate by General Order No. 30, may not memorandums______9675 the panel recommends denial of an in­ be made without the approval of the Chapter X X III—Surplus Prop­ crease and the Board or its agent reverses Board. erty Board: such recommendation, or modifies the (E.O. 9250, Oct. 2, 1942, 7 F.R. 7871, as Part 8301—Designation of dis­ panel’s recommendation upward or hears amended by E.O. 9381, Sept. 25, 1943, 8 posal^ agencies and pro­ the case on its merits, see § 802.57 (b) (1) F.R. 13083; E.O. 9328, April 8, 1943, 8 cedures for reporting sur­ of the rules of procedure as amended. plus property located F.R. 4681; Act of Oct. 2, 1942, C 578, 56 within the U. S., its terri­ § 802.57 Authority of Regional War Stat. 765, Pub. Law 729, 77th Cong.) Labor Boards. * * * tories and possessions__ _ 9678 Approved: July 19, 1945. T itle 37—P atents and C o pyrights: (b) Directive orders in dispute cases. Chapter I —Patent Office, De­ (1)* * * * T heodore W. K h eel, partment of Commerce: If the panel recommends denial of an Executive Director. Part 3—Licenses to file appli­ increase and the Regional Board over­ [F. R. Doc. 45-14250; Filed, Aug. 2, 1945; cations for patents in for­ rules such a recommendation, or where 4:37 p. m.] eign countries______9679 the Regional Board modifies upward the T itle 46— Sh ip p in g : panel’s recommendation or where the Chapter III—War Shipping Ad­ Regional Board itself hears the case on its merits, the Regional Board shall no­ ministration: TITLE 32—NATIONAL DEFENSE Part 305—Insurance______9681 tify the employer at the time of the issu­ ance of its directive order, that if he in­ Chapter II—National Guard and State tends to seek price relief from the Office Guard, War Department such camera shall be placed in the air­ of Price Administration, he must within craft so as to be completely inaccessible 15 days after the receipt of the directive P art 211—State G uard order file with the nearest office of the to all passengers during the flight. CORRESPONDENCE AND REPORTS; CHANNELS OPA an appropriate application for such OF COMMUNICATION (52 Stat. 984, 1007; 49 U.S.C. 425, 551) relief. All other information as required in § 802.25. (b) shall be submitted to the In § 211.9 paragraph (b) is rescinded By the Civil Aeronautics Board. Board in the same manner as therein de­ and the following substituted in lieu F red A. T oombs, scribed. If application for price relief is thereof: Secretary. made within the time allowed, then the § 211.9 Correspondence and reports. directive order shall become effective * * * [F. R. Doc. 45-14268; Filed, Aug. 3, 1945; only when the Office of Price Administra­ 10:47 a. m.J (b) Channels of communication. tion has determined that the wage in­ Communication between State authori­ crease ordered will not require any ties and the War Department relating to change in price ceilings, or, if no such de­ State Guard matters will be conducted termination is made, then upon approval as follows: [Civil Air Regs., Amdt. 60-3] by the Director of Economic Stabiliza­ (1) Between State authorities and the tion. Chief, National Guard Bureau. Direct P art 60—A ir T raffic R ules (E.O. 9017, 7 F.R. 7871) correspondence where action within the DIRECTIONS FOR CRUISING ALTITUDES UNDER purview of a service command or Army Approved: July 4, 1945. IFR TO BE DESIGNATED IN MAGNETIC INSTEAD Service Forces is not required. OF TRUE COURSE F red E. D esmond, (2) Between State authorities and Acting Executive Director. service commands. Communication will At a session of the Civil Aeronautics be direct if reference to the War Depart­ Board held at its office in Washington, [F. R. Doc. 45-14249; Filed, Aug. 2, 1945; 4:37 p. m.] ment or the ChieftJTthe National Guard D. C., on the 31st day of July 1945. Bureau is not required. Effective August 1, 1945, § 60.24 (b) of (3> Between service commands and the Civil Air Regulations is amended by P art 803— G eneral O rders the War Department or the Chief, Na­ striking the word “True” from the table tional Guard Bureau. Communication heading and substituting in lieu thereof APPROVAL OF INCREASES IN WAGES AND will be submitted through the Command­ the word “Magnetic.” SALARIES ing General, Army Service Forces. The National War Labor Board has (Sec. 61, Act of 3 June 1916 (39 Stat. 198, 1 Appears under War Manpower Commis­ amended its General Order No. 7 to read 32 U.S.C. 194) as amended by Act of 21 sion in Notices section. as follows: Oct. 1940, (54 Stat. 1206), Act Aug. 18, 9658 FEDERAL REGISTER, Saturday, A ugust 4, 1945

1941 (55 Stat. 628); and Act Oct. 1,1942 automobile to such agency on any ground purposes including the purpose of allow­ (56 Stat. 762) [AR 850-250, Aug. 9, 1943 other than that its particular quota has ing or sustaining any suit, action, prose­ as amended by Cl, July 26, 19453 been exhausted. cution or administrative or other (2) Quotas have been or may be estab­ proceeding heretofore or hereafter com­ [ s e a l] E dw ard P. W it s e l l , lished by the War Production Board menced with respect to any violation Major General, from time to time, fixing the number of heretofore committed or right or liabil­ Acting The Adjutant General. passenger automobiles to be made avail­ ity heretofore incurred under or pur­ [F. R. Doc. 45-14258; Piled, Aug. 3, 1945; able from the existing stockpile of such suant to the terms thereof. 9:38 a. m.] vehicles and from new production to the Issued this 3d day of August 1945. Office of Defense Transportation for meeting essential civilian needs. Sub­ L i n c o l n G o r d o n , Program Vice Chairman. Chapter IX—War Production Board ject only to whatever quota may be estab­ lished, the Office of Price Administration [F. R. Doc. 45-14275; Piled, Aug. 3, 1945; Auth o r ity: Regulations in this chapter, shall authorize the transfer, sale, deliv­ 11:23 a. m.] unless otherwise noted at the end of docu­ ery, use, alteration or other disposition ments affected, issued under sec. 2 (a ), 54 of passenger automobiles pursuant to Stat. 676, as amended by 55 Stat. 236, 56 Stat. such orders and regulations and pursu­ 177, 58 Stat. 827; E.O. 9024, 7 F.R. 329; E.O. P art 903— D eleg atio ns of A u t h o r it y 9040, 7 P.R. 527; E.O. 9125, 7 P.R. 2719; W.P.B. ant to such standards of eligibility and Reg. 1 as amended Dec. 31, 1943, 9 P.R. 64. need as it may deem necessary in the [Directive 36, as Amended Aug. 3, 1945] public interest and to promote the na­ P art 903—D eleg atio n s o f A u t h o r it y RATIONING OF N EW AND USED COMMERCIAL tional defense. MOTOR VEHICLES [Supplementary Directive 1-X, as Amended (3) The Office of Price Administration Aug. 3, 1945] shall exercise no authority over the pro­ § 903.75 Directive No's 36— (a) Ra­ tioning authority transferred to Director RATIONING OF PASSENGER AUTOMOBILES duction of passenger automobiles pro­ duced after the effective date of this of Office of Defense Transportation. § 903.50 Supplementary Directive No. Directive 1-X or their distribution by The Director of the Office of Defense 1 -X ; delegation of authority to the Office manufacturers to distributors and deal­ Transportation (hereafter referred to of Price Administration toith reference ers. Nor shall it require from manufac­ as the Director) is hereby authorized to to the rationing of passenger automo­ turers any'reports concerning shch pro­ perform the functions and exercise the biles— (a) Supplementary Directive 1-A duction and distribution. power, authority and discretion con­ revoked. Supplementary Directive 1-A (4) The authority of the Office of ferred upon the President by section 2 is hereby revoked. Price Administration shall include the (a), of the act of June 28,1940 (Pub. Law (b) Rationing authority over passen­ power to regulate or prohibit the sale, 671, 76th Cong.) as amended by the act ger automobiles transferred to Office of transfer, delivery or other disposition of of May 31,1941 (Pub. Law 89,77th Cong.) Price Administration. In order to per­ passenger automobiles to, or the acquisi­ and by Title III of the Second War Pow­ mit the efficient rationing of passenger tion, use, alteration or other disposition ers Act, 1942 (Pub. Law 507, 77th Cong.) automobiles, the authority delegated to of passenger automobiles by, any person with respect to the exercise of rationing the Office of Price Administration by who has acted in violation of any ration­ control over the transfer, sale, delivery, Directive 1 (§ 903.1) is hereby extended ing regulation or Order prescribed by use or other disposition of new and used to the exercise of control over the sale; the Office of Price Administration. commercial motor vehicles as defined transfer or other disposition of passen­ (d) Reports to War Production Board. herein. Nothing in this directive shall ger automobiles by any person to any The Office of Price Administration shall be deemed in any way to limit the func­ other person, and the use or alteration of furnish reports at monthly intervals to tions and authority of the Director un­ passenger automobiles by any person, in­ the War Production Board covering the der the act of December 1, 1942 (Pub. cluding without limitation (1) the Army number of passenger automobilçs trans­ Law 779, 77th Cong.) Executive Order and Navy of the United States, the United ferred from each of the established No. 9294, dated January 4, 1943, and States Maritime Commission, the Pan­ quotas, and shall furnish such other re­ Directive 21 dated May 1, 1943 with re­ ama Canal, the Coast and Geodetic Sur­ ports as may be required by the Board. spect to allocation of the use of rubber- vey, the Coast Guard, the Civil Aeronau­ (e) Definition. “Passenger automo­ borne transportation equipment and fa­ tics Administration, the National Advis­ bile” means any automobile, built upon cilities by carriers ojr operators thereof. ory Committee for Aeronautics, the Office (b) Information, reports and records. a standard or lengthened passenger car of Scientific Research and Development In connection with the exercise of ra­ and (2) Government agencies or other chassis having a seating capacity of not tioning control, the Director is further persons acquiring such products for ex­ more than ten (10) persons, including authorized to exercise the power, author­ port to or for use in any foreign country. station wagons, taxicabs, and coupes with ity and discretion conferred upon the (c) Limitations on the authority dele­ or without pickup boxes, but not includ­ President by the Second War Powers gated. The power, authority and discre­ ing ambulances, hearses, or sedan de­ Act, 1942 (Pub. Law 507, 77th Cong.), tion hereby delegated to the Office of except with respect to vehicle production liveries. Price Administration in respect to the and distribution by manufacturers, to ob­ rationing of passenger automobiles shall (f) Modification of this Directive 1-X. tain information, to require reports and be subject to the terms and conditions The War Production Board may from keeping of records; to make inspection specified in said Directive 1, insofar as time to time amend this Directive 1-X of books, records and other writings; to they are not inconsistent with this Sup­ in' such manner and to such extent as it make investigations; to administer oaths plementary Directive 1-X, and shall be may determine to be necessary. This and affirmations and to require the at­ exercised under the following conditions: directive modifies Directive 1 (§ 903.1) tendance and testimony of witnesses and (1) Quotas have been or may be es­ to the extent applicable and supersedes the production of books, records or other tablished by the War Production Board the delegation of authority to the Office documentary or physical evidence pur­ from time to time, fixing the number of of Price Administration made by Sup­ suant to said statute. plementary Directive No. 1A (§ 903.2), as passenger automobiles to be made avail­ (c) Limitations on the authority dele­ amended: Provided, however, That all able from the existing stockpile of such gated. The power, authority and dis­ action heretofore taken, (including with­ cretion hereby delegated to the Director vehicles and from new production to var­ out limitation regulations or orders ious Government agencies. The quota in respect to the ratibning of new com­ heretofore issued) by the Office of Price mercial motor vehicles shall be exercised established for any agency may not be Administration pursuant to Supplemen­ under the following conditions: altered except by the War Produc­ tary Directive No. 1A as originally issued (1) Quotas have been and will be es­ tion Board. Within • the limits of its and amended, is hereby ratified, ap­ tablished by the War Production Board own quota each such agency shall de­ proved and confirmed, and the authority from time to time fixing the number of termine the use to which its passenger so delegated shall continue to remain in automobiles are to be put and the Office full force and effect with respect to all new commercial motor vehicles to be of Price Administration shall not refuse such action which is not inconsistent made available from the existing stock­ to authorize the transfer of a passenger with the terms of this directive, for all pile of vehicles and from new production FEDERAL REGISTER, Saturday, August 4, 1945 9659

to the Office of Defense Transportation chassis therefor, or any chassis on which (e) This order shall take effect on and to any other agency which the War a bus body is to be mounted and which August 3,1945, and shall remain in effect Production Board determines is entitled (i) was designed to be propelled or drawn until December 3, 1945. to a quota. These quotas shall not be by mechanical power; (ii) was designed Issued this 25th day of July 1945. altered or modified in total amount over for use on or off-the-highways, for trans- the period for which they are established W ar P roduction B oard, portation of property or persons; (iii) ir- By J. Joseph W helan, - ., except when approved by the War Pro­ respective of mileage has been used at Recording Secretary. duction BoarcL any time for any purpose other than for [F. R. Doc. 45-14280; Piled, Aug, 3, 1945; (2) Within the limits of its own quota the purpose of selling it. This~definition 11:23 a. m.] each such agency shall determine the includes vehicles of the following types: use to which the particular vehicle is to be put and the Director shall not refuse trucks, truck chassis, tftick-tractors^ off- to authorize the transfer on any ground the-highway motor vehicles, fulM railers, P art 1010—Suspension O rders other than that the particular quota has semi-trailers having a load carrying ca­ [Suspension Order S-799, Revocation] been exhausted.^ pacity of 10,000 pounds or more, bus- WESTERN TOOL & DIE CO. (d) Director to establish standards, chassis, carry-all suburbans, sedan de^ orders and regulations for rationing ve­ liveries and cab pickups, but not includ^ Suspension Order No. S-799 was issued hicles. In the rationing of new com­ May 25, 1945 agaihst the Western ,Tool ing station wagons, coupes fitted with mercial motor vehicles from the quota & Die Co. of Farmington, Michigan, for established • for the Office of Defense pickup boxes, ambulances, hearses, taxi­ violations of Conservation Order L-41. Transportation and in the rationing of cabs and integral type busses" In view of the amendment to Conserva­ used commercial motor vehicles, the Di­ (h) Modification of this directive. The tion Order L-41, the Chief Compliance rector shall authorize the transfer, sale, War Production Board may from time to Commissioner has directed that Suspen­ delivery, use or other disposition of such time amend this directive in such man­ sion Order No. S-799 be revoked forth­ commercial motor vehicles pursuant to ner and to such extent as it may de­ with. In view of the foregoing, such standards, orders and regulations termine to be necessary. This directive It is hereby ordered, that: Suspension as he may deem necessary in the public modifies Supplementary Directive 1C, is­ Order No. S-799 be revoked. interest and to promote the national de­ sued February 28, 1942; to the extent ap­ Issued this 2d day of August 1945. fense. plicable. (e) Delegation of authority by the Di­ (i) Executive orders not affected. W ar P roduction B oard, rector. The Director may exercise the Nothing in this directive affects the re­ By J. Joseph W h ela n , ‘ power, authority and discretion conferred spective obligations and authorities of Recording Secretary. upon him by this directive through such the Director and the Chairman of the [P. R. Doc. 45-14248; Piled, Aug. 2, 1945; officials and employees of the Office of War Production Board with respect to 4:35 p. m-1 Defense Transportation, or other officials determining the relative importance of of the Government of the United States, deliveries required for defense, by such as he may determine and pursuant to instructions, certifications and directives such orders and regulations as he may P art 1010— Suspension O rders as may be issued by the Chairman, as deem requisite in the public interest. stated in paragraph 4 of Executive Order [Suspension Order S-855] (f) Reports to War Production Board. 8989, dated December 18, 1941, and any KIRKENDALL BOOT CO. The Director shall furnish such reports other applicable executive orders. to the War Production Board as m ay be Issued this 3d day of August 1945. Kirkendall Boot Company, a Nebraska required by the Board. corporation with its principal place of L in c o l n G ordon, (g) Definitions. (1) “New commer- business at 1101 Harney Street, Omaha, Program Vice Chairman. Nebraska, is engaged in the manufacture cial motor vehicle” means any~light, me­ [P. R. Doc. 45-14276; Piled, Aug. 3, 1945; and sale of boots and shoes. During the dium or heavy motor truck, truck-tractor 11:23 a. m.] period from July 3,1943, to September 1, or trailer, or the chassis therefor, or any 1944, it manufactured 9,712 pairs of shoes chassis on which a bus body is to be known as bomber shoes having a strap passing over, under or through the vamp mounted, and which (i) was manufac­ P art 1010— S uspension O rders in violation of Conservation Order M- tured subsequently to July 3171941; (jjj~ [Suspension Order S-708, Amendment and 217. The responsible officers of the cor­ was designed to be propelled or drawn by Modification] poration were familiar with the provi­ mechanical power; (iii) was designed for HINGECO VANITIES, INC. sions of Conservation Order M-217 and their actions constituted a wilful viola­ use on or off the highway for transpor­ Hingeco Vanities, Inc., 12 Addison tion thereof. The manufacture of such tation of property or persons; (iv) was Place, Providence, Rhode Island, engaged shoes has diverted scarce materials to manufactured otherwise than under in the manufacture of jewelry and other uses not authorized by the War Produc­ specification of the United States Army silver products, was suspended on Feb­ tion Board. In view of the foregoing, or Navy; (v) has not been transferred to ruary 13, 1945, by Suspension Order No. it is hereby ordered that: S-708. It appealed from the provisions any person other than a sales agency f or of the order. Deputy Chief Compliance § 1010.855 Suspension Order No. S-85. the purpose of resale; including vehicles Commissioner Bok has reviewed the case (a) In the production period from March of the following types; trucks, truck and, as a result of his study, has directed 1, 1945, to August 31, 1945, the quota of Kirkendall Boot Company for the manu­ chassis, truck-tractors, off-the-highway that the order be modified. It is hereby ordered, that: § 1010.708, facture of men’s dress shoes in the $8.25 motor vehicles, full-trailers, semi-trail­ Suspension Order No. S-708, issued Feb­ to $9.07 price range shall be 458 pairs ers having a load carrying capacity of ruary 6, 1945, and effective February 13, less than it otherwise would be under 10,000 pounds or more, bus chassis, carry- 1945, be and hereby is amended by the the provisions of Conservation Order M-217. ‘ - all suburbans, sedan deliveries and cab substitution of the following paragraph (a) for the present paragraphs (a) and (b) In the production period from pickups, but not including station wag- (b) and by substituting the present par­ March 1, 1945, to August 31, 1945, the ons, coupes fitted with pickup boxes, am­ agraph (e) by the following: quota of Kirkendall Boot Company for bulances, hearses, taxicabs and integral the manufacture of men’s dress shoes in (a) Hingeco Vanities, Inc., shall for the $7.20 to $7.92 price range shall be 513 type busses. four months after the effective date pairs less than it otherwise would be un­ (2) “ Used commercial motor vehicle” hereof, be denied priorities assistance, der the provisions of Conservation Order excepting only military contracts ac­ means any light, medium, or heavy motor M-217. tually on hand and being filled by them truck, truck-tractor or trailer or the (c) The restrictions and prohibitions on the date of this modification. contained herein shall apply to Kir ken- 9660 FEDERAL REGISTER, Saturday, August 4, 1945

not yet been filled, except that if they dall Boot Company, its successors and as­ items for the maintenance and repair of signs, or persons acting in its behalf. compressors, fans or coils for refrigera­ have extended a customer’s rating to get Prohibitions against the taking of any tion equipment actually in operation but an item for delivery without change in action include the taking indirectly as not for the purpose of enlarging the size form to that customer (as distinct from well as directly of any such action. or capacity of such compressors, fans or replacing it in inventory), they need not (d) Nothing contained in this order coils. cancel the rating; Provided, The item, shall be deemed to relieve Kirkendall (b) Nothing contained in this order when received, is promptly delivered to Boot Company from any restriction, pro­ shall be deemed to relieve Morris Gil­ the customer whose rating was extended. hibition or provision contained in any board from any restriction, prohibition, (c) All preference ratings presently other order or regulation of the War or provision contained in any other order outstanding in connection with orders Production Board, except in so far as the or regulation of the War Production for delivery of materials to Owen W. same may be inconsistent with the pro­ Board except insofar as the same may be Connell and Miriam E. Connell or placed visions hereof. inconsistent witn the provisions hereof. prior to September 24, 1945 are vbid and (e) This order shall take effect on (c) The restrictions and prohibitions shall not be given any effect by their sup­ August 3, 1945. contained herein shall apply to Morris pliers or by any other person. This does Gilboard, doing business as Gilboard Re­ not apply to material already delivered Issued this 24th day of July 1945. frigeration Company, his successors or or in transit for delivery on the effective W ar P r o d uctio n B oard, assigns, or persons acting in his behalf. date of this order. By J. J o se ph W h e l a n , Prohibitions against the taking of any (d) The restrictions and prohibitions Recording Secretary. action include the taking indirectly as contained herein shall apply to Owen well as directly of any such action. W. Connell and Miriam E. Connell IF. R. Doc. 45-14281; Filed, Aug. 8, 1945; (d) This order shall take effect on whether doing business as Cbnnell Sales 11:23 a. m.] August 3, 1945. Company or under any other name, their Issued this 27th day of July 1945. successors or assigns or persons acting in their behalf. Prohibitions against W ar P r o d u c t io n B oard, P art 1010—S u s p e n s io n O rders taking of any action include the taking B y J. Jo se ph W h e l a n , indirectly as well as directly of any such [Suspension Order S-859] Recording Secretary. action. GILBOARD REFRIGERATION CO. [F. R. Doc. 45-14282; Filed, Aug. 3, 1945; (e) Nothing contained in this order 11:24 a. m.] shall be deemed to relieve Connell Sales Morris Gilboard, doing business as Company, its successors or assigns, from Gilbqard Refrigeration Company, en­ any restriction, prohibition Or provision gaged in thj manufacture, sale arid re­ contained in any other order or regula­ P art 1010—S u s p e n s io n O rders pair of commercial refrigeration units in tion of the War Production Board except Lawrence, Massachusetts, was charged [Suspension Order S-860] insofar as the same may be inconsistent by the War Production Board with hav­ CONNELL SALES CO. with the provisions hereof. ing, between January 1,1944 and April (f) This order shall take effect on Au­ Connell Sales Company is a partner­ 4, 1945, purchased new refrigeration gust 3, 1945. equipment in the amount of $13,000 by ship composed of Owen W. Connell and means of the improper extension of Miriam E. Connell engaged, since Janu­ Issued this 24th day of July 1945. ratings in violation of Priorities Regula­ ary 1943, as jobbers and manufacturers’ W ar P r o d u c t io n B oard, tion No. 3 and War Production Board agents in selling merchandise of various B y J. Jo se ph W h e l a n , Order P-126, thereby enabling him to kinds to Ship’s Service Stores, Army and Recording Secretary. assemble this equipment with other Marine Post Exchanges. The principal items and to sell the same in violation of place of business of the partnership is [F. R. Doc. 45-14283; Filed, Aug. 3, 1945; War Production Board Limitation Order located at 420 Market Street, San Fran­ 11:24 a. m.] L-38; with having made misrepresenta­ cisco, California. Between May 16,1944 tions to the War Production Board in and June 19, 1944, the company improp­ connection with his operations; with erly extended preference ratings on four P art 1010—S u s p e n s io n O rders having, on June 24,1944, extended a pref­ of its purchase orders for the acquisition erence rating in purchasing 13 blowers of approximately 616 leather utility kits, [Suspension Order S-863] valued at $600 in violation of Priorities and between May 11, 1944 and July 13, Regulation No. 3; and with having failed 1944, the company improperly certified ST. ANNE FREEZING AND PROCESSING CO. to keep accurate and complete records 25 of its purchase orders as “ Navy Con­ Mary Lucido Harder is an individual as required by Priorities Regulation No. tract’’ for acquiring 3,683 leather utility doing business as St. Anne Freezing and 1. These violations were grossly neg­ kits in violation of Priorities Regulation Processing Company and in that capacity ligent. No. 3 and Priorities Regulation No. 1, re­ she owns a fish processing plant located These violations have diverted critical spectively. These violations were the at Pier #92 in the City and County of San materials to uses not authorized by the result of gross negligence on the part of Francisco, California. Mary Lucido War Production Board. In view of the O. W. Connell, amounting to wilfulness, Harder applied to the War Production foregoing, it is hereby ordered, that: tending to cause and probably causing Board for .authorization to construct a diversion of essential materials to uses § 1010.859 Suspension Order No. S - wharf, decking and piling, a one-story unauthorized by the War Production frame building and an electric power line 859. (a) Morris Gilboard, doing busi­ Board and have interfered with the con­ ness as Gilboard Refrigeration Company at a cost not to exceed $23,250 to be used trols established by the War Production for drying, salting, pickling, smoking and or otherwise, shall not for one year from Board for the distribution of critical ma­ effective date of this order, apply or ex­ freezing of fish as well as for the reduc­ terials. In view of the foregoing, it is tion of fish. The application was ap­ tend any preference rating or use any hereby ordered, that: CMP allotment symbols to obtain deliv­ proved and authorization granted for the ery of any refrigerating system, equip­ § 1010.860 Suspension Order No. S- project with the elimination of the fish ment or parts regardless of the delivery 860. (a) Owen W. Connell and Miriam reduction plant. Notwithstanding, the date named in any purchase order to E. Connell shall not for sixty days from respondent proceeded on or about July 15, which such ratings may be applied or the effective date of this order apply or 1944 and thereafter to construct the proj­ extended or on which CMP allotment extend any preference ratings, regard­ ect with the fish reduction plant. Cer­ symbols are used unless otherwise au­ less of the delivery date named in any tain of the materials used therein were thorized in writing by the War Produc­ purchase order to which such ratings obtained by extending priorities ratings tion Board: Provided, however, That may be applied or extended. in violation of Priorities Regulation No. 1, said Morris Gilboard, doing business as (b) Owen W. Connell and Miriam E. Section 944.11. Mary Lucido Harder was Gilboard Refrigeration Company, may Connell shall cancel immediately all aware of War Production Board restric­ apply or extend any preference rating preference ratings which they have ap­ tions on construction, and the construc­ for the purpose of obtaining necessary plied or extended to orders which have tion of the project and the installation of FEDERAL REGISTER, Saturday, August 4, 1945 9661

machinery for à fish reduction plant, and during each of the third and fourth (b) Nothing contained in this order the unauthorized extension of priorities quarters of 1945 and the first and second shall be deemed to relieve Marshall ratings, constituted wilful violation of quarters of 1946, shall reduce its con­ Spinning Mills, Inc., its successors or as­ L-41 and Priorities Regulation No. 1. sumption of paper and paperboard to signs, from any restriction, prohibition This violation has diverted critical ma­ 20,000 pounds per quarter: Provided, or provision contained in any other order terial to uses not authorized by the War That it may use any of said 20,000 or regulation of the War Production Production Board and has hampered and pounds up to 17,442 pounds per quarter Board, except insofar as the same may b& impeded the war effort of the United for conversion into albums and any part inconsistent with the provisions hereof. States. In view of the foregoing, it is of said 20,000 pounds up to 18,021 pounds (c) This order shall take effect on hereby ordered, that: per quarter for conversion into photo­ August 3, 1945. mounts: And provided further, That if § 1010.863 Suspension Order No. S - Issued this 27th day of July 1945. 863. _ (a) For a period of one year, Mary by amendment to Copservation Order Lucido Harder, doing business as St. M-241-a or by any other order of the W ar P r o d u c t io n B oard, Anne Freezing and Processing Company, War Production Board, the Housh Com­ B y J. J o seph W h e l a n , or otherwise, her heirs, assigns, agents pany, Inc.’s quota for albums is reduced Recording Secretary. and employees, shall not use the facilities below 17,442 pounds per quarter or its quota for photomounts is reduced below [F. R. Doc. 45-14286; Filed, Aug. 3, 1945; located at Pier 92, San Francisco, Cali­ 11:23 a. rn.] fornia, that is, the construction and 18,021 pounds per quarter such more equipment built and installed by Re­ restrictive quota shall prevail. spondent in that location as a fish re­ (b) Nothing contained in this order duction plant, or use said facilities to shall be deemed to relieve The Housh P art 1010—S u s p e n s io n O rders reduce offal or whole fish: Provided, Company, Inc., its successors or assigns, [Suspension Order S-869] however, That said facilities may be used or persons acting on its behalf, from any FOOD STORE ENGINEERING & FIXTURE CO. to reduce offal produced from salting restriction, prohibition, or provision con­ and fish freezing operations conducted tained in any other order or regulation William Sutherlan, an individual, does on said premises; of the War Production Board except in­ business as Food Store Engineering & (b) Nothing contained in this order sofar as the same may be inconsistent Fixture Company at 940 Market Street, shall be deemed to relieve Mary Lucido with the provisions hereof. . Tacoma, Washington. He is engaged in Harder from any restriction, prohibition (c) The restrictions and prohibitions designing, manufacturing and selling or provision contained in any other or­ contained herein shall apply to The store fixtures for retail food stores such der or regulation of the War Production Housh Company, Inc., its successors or as groceries, meat markets, etc. Between Board, except insofar as the same may assigns, or persons acting on its behalf. April 12, and August 24, 1944 he applied be inconsistent with the provision hereof; Prohibitions against the taking of any preference ratings of AA-2 MRO for (c) Prohibition against taking any ac­ action include the taking indirectly as 104,376 feet of plywood without authority tion includes the taking indirectly as well well as directly of any such action. in violation of Priorities Regulation No. as directly of any such actions; (d) This order shall take effect on 3, and CMP Regulation No. 5. About (d) This order shall take effect on the August 3, 1945. September 7, 1944 he sold 27,064 square 3d day of August 1945. Issued this 27th day of July 1945. feet o f . softwood plywood to a person other than a producer on an unrated or­ Issued the 24th day of July 1945. W ar P r o d u c t io n B oard, der, in violation of Priorities Regula­ J. J o se ph W h e l a n , W ar P r o d u c t io n B oard, By tion No. 13. Between July 31 and Sep­ By J. J o seph W h e l a n , Recording Secretary. tember 23, 1944 he accepted delivery of Recording Secretary. [F. R. Doc. 45-14285; Filed, Aug. 3, 1945; four refrigerators and a set of two re­ 11:23 a. m.] frigerator self-service doors on orders [F. R. Doc. 45-14284; Filed, Aug. 3, 1945; 11:24 a. m.] which were not approved orders, in vio­ lation of Limitation Order L-38, and sold P art 1010— S u s p e n s io n O rders two of these refrigerators on orders other [Suspension Order S-868] than approved orders, also in violation P art 1010— S u s p e n s io n O rders of Limitation Order L-38. He failed to [Suspension Order S-867] MARSHALL SPINNING MILL, INC. maintain records of his inventories of THE HOUSH CO., INC. materials to which the rules, regulations Marshall Spinning Mills, Inc., located and orders of the War Production Board The Housh Company, Inc., engaged in in Marshall, North Carolina is a cor­ relate and of the details of his transac­ the business of making photograph poration engaged in the manufacture of tions therein, particularly of preference albums and pTiotomounts in Boston, was carded cotton sale yarns. During the ratings received and extended. He knew charged by the War Production Board first, second, third and fourth quarters that War Production Board rules, regu­ of 1944, Marshall Spinning Mills, Inc., with having consumed, in the period lations and orders affected his business, from August 1, 1943 to December 31, failed to meet the Distribution Sched­ but negligently failed to acquaint himself 1944, paper and paperboard in convert­ ules of General Conservation Orders M - therewith. These violations were wil­ ing albums in the amount of 22,455 317 and M-317B and diverted 252,255 ful and have diverted critical materials pounds in excess of its qùota in viola­ pounds of such yarns to unrated orders to uses not authorized by the War Pro­ tion of War Production Board Conserva­ in violation of said conservation orders. duction Board. In view of the foregoing, tion Order M-241-a, and with having The responsible officials of the Com­ it is hereby ordered, that: consumed, in the period from January pany were aware of the provisions of 1, 1943 to December 31, 1944, paper and General Conservation Orders M-317 and § 1010.869 Suspension Order No. S - paperboard in converting photomounts M-317B and,these diversions constituted 869. (a) For a period of three months in the amount of 63,594 pounds in excess wilful violations of these Orders. from the effective date of this order W il­ of its quota in violation of War Produc­ These violations have diverted critical liam Sutherlan shall not apply or extend tion Board Conservation Order M-241-a. material to uses unauthorized by the any preference ratings or use, any CMP The violations with respect to the photo­ War Production Board and in view of allotment symbols, regardless of the de­ mounts were wilful and the violations the foregoing, it is hereby ordered that: livery date, named in any purchase order with respect to the albums were grossly § 1010.868 Suspension Order S-868. to which such ratings may be applied or negligent. (a) During the balance of the third extended, or on which CMP allotment This excessive use of paper has di­ quarter of 1945 Marshall Spinning Mills, symbols are used. verted scarce materials to uses not au­ Inc., its successors or assigns, shall de­ (b) William Sutherlan shall not there­ thorized by the War Production Board. liver or set aside for later delivery on after apply or extend any such prefer­ In view of the foregoing, it is hereby preference rated orders its entire produc­ ence ratings or use any such allotment ordered, that: tion of yarn, and shall not deliver any symbols until he has submitted to the yarn on unrated orders, unless specifi­ War Production Board satisfactory proof § 1010.867 Suspension Order No. S— cally authorized in writing to do so by that he has installed accurate and com­ 867. (a) The Housh Company, Inc., the War Production Board. plete records, as required by Priorities 9662 FEDERAL REGISTER, Saturday, August 4, 1945

Regulation #1, and that he is in full Board, except insofar as the same may P art 3133—P r in t in g and P u b l is h in g compliance with the rules, orders and be inconsistent with the provisions I Limitation Order L-240, as Amended Aug. 8, regulations of the War Production Board. hereof. 1945] (c) The restrictions and prohibitions Issued this 3d day of August 1945. NEWSPAPERS contained herein shall apply to William Sutherlan, doing business as Food Store W ar P roduction B oard, The fulfillment of requirements for the Engineering & Fixture Company or under By J. Joseph W helan, defense of the United States has created any other name, his successors and as­ Recording Secretary. a shortage of the supply of print paper for defense, for private account and for signs or persons acting on his behalf. [F. R. Doc. 45-14288; Filed, Aug. 3, 1945; Prohibitions against the taking of any 11:23 a. m.] export; and the following order is action include the taking indirectly as deemed necessary and appropriate in the well as directly of any such action. public interest and to promote the na­ (d) Nothing contained in this order tional defense: shall be deemed to relieve William Suth­ P art 1010— Su spen sio n O rders Scope erlan, his successors or assigns, from any [Suspension Order S-875] (a) The purpose of this order. restriction, prohibition or provision con­ tained in any other order or regulation LEQNARD TISSUE CO. Definitions and Explanations of the War Production Board, except in­ The Leonard Tissue Company, 535 (b) Newspaper. sofar as the same may be inconsistent (c) Camp papers and free distribution Windsor Street, Cambridge, Massachu­ with the provisions hereof. publications. setts, is a partnership composed of Sam­ (e) This order shall take effect on Au­ (d) Publisher. uel, Manuel, and Joseph Sugarman. It is gust 3,1945. (e) Print paper. engaged in the business of manufactur­ (f) Use. Issued this 27th day of July 1945. ing domestic and industrial paper towels, (g ) Net paid circulation. napkins, etc., from pulp, paper, and pa­ (h) Inventory. W ar P roduction B oard, perboard. During the calendar year 1944 (i) Transfer of quotas. By J. Joseph W h elan, Recording Secretary. it consumed in the manufacture of Consumption Quota towels for home use 71.1 tons of paper (j) Allowable consumption. [F. R. Doc. 45-14287; Filed, Aug. 3, 1945; in excess of the amount authorized by (k) Computation of consumption quota. 11:24 a.m .] General Conservation Order M-241-a (l) Carry-over. and in violation of that order. The re­ (m ) Consumption quotas for certain types sponsible partners had knowledge of of newspapers. (n ) Allotment to Army and Navy. P art 1010— Suspension O rders General Conservation Order M-241-a and this violation was at least grossly Delivery Quota [Suspension Order S-874] negligent. (o ) Computation of delivery quota. THE WASHINGTON TIMES-HERALD This violation has diverted critical ma­ (p ) Exceptions. terial into uses not authorized by the (q ) Certification. Eleanor Patterson, doing business as War Production Board, and in view of (r) Inventory reports and copies of orders. The Washington Times-Herald, is en­ the foregoing, it is hereby ordered that: (s) Inter-company transfers. gaged in the publication of a newspaper in Washington, D. C. During the first, § 1010.875 Suspension Order No. S - Miscellaneous Provisions second and third calendar quarters of 875. (a) Samuel, Manuel, and Joseph (t) Loans of print paper. 1944 and the first calendar quarter of Sugarman, doing business as Leonard (u) Applicability of regulations. 1945, her responsible agents * used or Tissue Company, shall not for a period (v ) Appeals. , caused to be used 865.62 tons of print of one year from the effective date of this (w) Communications to the War Produc­ order, consume any pulp, paper or paper- tion Board. paper in excess of the quota of print (x ) Violations. paper which The Washington Times- board in the manufacture or assembly Herald was permitted to consume under of towels for home use except that any Scope paper actually on the premises at 535 Limitation Order L-240, in violation of § 3133.6 Limitation Order L-240— (a) that order. Windsor Street, Cambridge, Massachu­ The purpose of this order. This order These violations of Limitation Order setts, on the effective date of this order does two things: First, it limits the L-240 diverted critical materials to uses may be consumed in the manufacture or tonnage of print paper which may be not authorized by the War Production assembly of towels for home use. used by a publisher in printing a news­ Board. In view of the foregoing, it is (b) The restrictions and prohibitions paper. This is called his “ consumption hereby ordered that: contained herein shall apply to Samuel, quota” . Second, it limits the tonnage of Manuel and Joseph Sugarman, doing print paper which may be ordered or § 1010.874 Suspension Order No. S - business as Leonard Tissue Company or 874. (a) During the fourth calendar accepted by a newspaper publisher. This otherwise, their successors or assigns, or is called his “delivery quota”. A-publish­ quarter of 1945 and the first three calen­ persons acting on their behalf. Prohi­ dar quarters of 1946, unless otherwise er’s consumption quota is on a quarterly bitions against the taking of any action basis and his delivery quota is on a specifically authorized in writing by the include the taking indirectly as well as monthly basis. W ar Production Board, Eleanor Patter­ directly of any such action. son shall reduce her consumption of pript (c) Nothing contained in this order Definitions and Explanations paper in the amount of 215 tons per quar­ shall be deemed to’ relieve Samuel, Man­ (b) Newspaper. “Newspaper” means ter below her permissible consumption uel, and Joseph Sugarman, doing busi­ under Limitation Order L-240 as any publication generally recognized as ness as Leonard Tissue Company, from a newspaper in the newspaper industry, amended from time to time. any restriction, prohibition or provision (b) The restrictions and prohibitions regardless of the frequency of issuance. contained in any other order or regula­ The term includes all supplements, in­ contained herein shall apply to Eleanor tion of the War Production Board except Patterson, doing business as The Wash­ serts and other printed matter physically insofar as the same may be inconsistent incorporated into a newspaper or deliv­ ington Times-Herald or otherwise, her with the provisions hereof. successors and assigns, and persons act­ ered together with it. ing on her behalf. Prohibitions against (d) This order shall take effect on Where two or more newspapers are the taking of any action include the August 3, 1945. published by the same publisher, taking indirectly as well as directly of Issued this 27th day of July 1945. whether in the same city or in different cities, each newspaper shall operate un­ any such action. W ar P roduction B oard, (c) Nothing contained in this order der, a separate consumption quota and By J. Joseph W h elan, a separate delivery quota. In computing shall be deenjed to relieve Eleanor Pat­ Recording Secretary. terson from any restriction, prohibition his consumption quota a publisher must or provision contained in any other order [F. R. DOC. 45-14289; Filed, Aug. 3, 1945; make separate calculations for morning, or regulation of the War Production 11:23 a. m.] evening and Sunday editions, but these FEDERAL REGISTER, Saturday, August 4, 1945 9663

figures must be consolidated into a single for newspapers, and production waste, with the instructions set forth in para­ consumption quota for each newspaper, whether or not this waste is subsequently graph (k) or (m) plus in accordance with the instructions con­ salvaged for other uses. (2) Any less-than-quota savings car­ tained in paragraph (k ). (f) Use. All production waste shall be ried over from previous calendar quar­ However, morning, evening, Sunday included in the tonnage of print paper ters, as provided in paragraph (1), plus and other editions of the same news­ “ used” in printing a newspaper. Transit (3) Ex-quota tonnage, if any, which paper shall operate under a single con­ damage shall not be included in a pub­ may have been granted on appeal for sumption quota and a single delivery lisher’s “use” of print paper. A pub­ consumption in that quarter. quota. lisher may determine the dates on which (k) Computation of consumption In determining whether a publisher paper is “ used” under this order either quota— (1) Base tonnages. Ascertain, issues separate newspapers or separate on the basis of the dates when the paper separately, the tonnage of print paper editions of the same newspaper, the is actually printed or the dates appearing comprising the net paid circulation of number and form of the reports filed by on the respective issues of the newspaper, morning, evening, Sunday or other issues the publisher with the Audit Bureau of provided he continues to use the same of the newspaper in the corresponding Circulations in 1941 will be controlling, method which he used in computing his quarter of 1941. Add 3 per cent to each in the absence of special circumstances. 1941 base tonnages. figure. (This 3 per cent is an arbitrary Thus, if a publisher in 1941 filed con­ (g) Net paid circulation. “Net paid allowance to compensate for production solidated statements with the Audit Bu­ circulation” means the number of copies waste and should be added whether the reau of Circulations covering morning, of a newspaper which have been sold (ex­ actual production waste in 1941 was evening and Sunday issues, even if these clusive of bulk sales), as audited by the greater or less than 3 per cent). These issues had different names, different Audit Bureau of Circulations or (in the are the “base tonnages” for morning, formats and different staffs, they will case of newspapers which are not mem­ evening, Sunday or other issues of the ordinarily be considered as a single bers of the Audit Bureau of Circulations) newspaper, which shall be adjusted in newspaper for the purposes of this order. as verified in accordance with the stand­ accordance with instructions 2, 3, and 4. If a publisher in 1941 filed separate ards of the Audit Bureau of Circulations (2) Circulation increase. Ascertain, statements with the Audit Bureau of of January 1,1942. separately, the percentage increase or Circulations covering his morning, eve­ (h) Inventory. “Inventory” means decrease in average net paid circulation ning, Sunday and other publications, all the print paper which is owned by a of morning, evening, Sunday or other they will ordinarily be considered as publisher or is available for his use. It issues of the newspaper in the calendar separate newspapers for the purposes of includes the print paper which he has on year 1942 as compared with the calendar this order. hand, in storage, and in transit and year 1941. (The average net paid circu­ I f a publisher is uncertain as to paper held for his use by a paper mer­ lation for each year shall be determined whether or not his publication is a news­ chant, warehouseman or other person, by adding together the average net paid paper as defined in this order, he may regardless of its physical location. How­ circulation for each of the four quarters ask the War Production Board for- an ever, it does not include print paper of the year and dividing by fou r). official determination. The War Pro­ shipped by water and held in warehouse (3) Tonnage equivalent of circulation duction Board may also make this de­ by a paper manufacturer or merchant increase. Apply, separately, the respec­ termination upon its own motion. Such as part of the inventory of the manu­ tive percentages of circulation increase a determination, issued to the publisher facturer or merchant; such paper does or decrease determined under instruc­ in the name of the Recording Secretary not become part of a publisher’s inven­ tion number 2 to the respective base of the War Production Board, shall be tory until it is delivered to him. tonnages determined under instruction conclusive for the purposes of this order, (i) Transfer of quotas— (1) Quotas es­ number 1 for morning, evening, Sunday unless revoked or modified by the same tablished by different orders. Quotas or other issues of the newspaper. authority. provided by one War Production Board (4) Adjustment of base tonnages. (c) Camp papers and free distribution order may not be used for the purposes Adjust the respective base tonnages de­ publications. Army or Navy camp, set forth in any other order. Thus, for termined under instruction number 1 by post, station orx unit “ newspapers” or example, a publisher may not use for the adding or subtracting the number of tons news sheets generally are not recognized printing of a newspaper any part of a represented by the percentage circula­ as newspapers in the newspaper indus­ consumption quota established under tion gain or loss determined under in­ try. They are covered by Order L-241 Orders L-241 (commercial printing), struction number 3. (commercial printing). Shopping L-244 (magazines) or L-245 (books) and (5) Total adjusted base tonnage. guides, want ad periodicals and publica­ he may not permit any part of his con­ Total the respective base tonnages for tions in newspaper format distributed sumption quota established under this morning, evening, Sunday or other is­ free or at nominal cost also are not rec- order to be used for commercial printing, sues of the newspaper determined under orgnized as newspapers within the mean­ magazines or books. If a newspaper instruction number 1. Total the respec­ ing of this order and are governed by publisher also conducts a job printing tive adjusted base tonnages for morning, Order L-241, Schedule II. If a publisher business, he must keep these two opera­ evening, Sunday, or other issues of the tions separate for quota purposes. The issued a free distribution newspaper in newspaper determined under instruc­ 1941, his consumption quota shall be de­ amount of print paper which he is per­ termined in accordance with Schedule II mitted to consume and the amount which tion number 4. The' larger of these two to Order L-241 and that order shall he is permitted to order or accept for the totals is the publisher’s “ total adjusted govern even if the circulation of the pub­ publication of his newspaper is limited base tonnage” from which the required lication has subsequently been changed by this order. The amount of print reductions shall be applied. in whole or in part to a net paid basis. paper which he is permitted to consume (6) Sliding scale of reductions. Re­ (d) Publisher. “Publisher” means a and the amount which he is permitted to duce the total adjusted base tonnage by person who publishes a newspaper, in­ accept for his commercial printing busi­ the following sliding scale of percentage cluding an individual, partnership, asso­ ness is limited byOrder L-241. cuts: ciation, business trust, corporation, gov­ (2) Transfer of quotas to different (i) Deduct 3% of the amount over 25 tons ernmental corporation or agency, or any persons. The rules governing the as­ but not over 125 tons. organized group of persons whether in­ signability of quotas are set forth in Pri­ (ii) Deduct 6 % of the amount over 125 corporated or not. orities Regulation 7a. tons but not over 250 tons. (e) Print paper. “Print paper” (iii) Deduct 9% of the amount over 250 Consumption Quota tons but not over 500 tons. means any grade, quality, type or basis (iv) Deduct 15% of the amount over 500 weight of paper used in publishing a (.j) Allowable consumption. In the third quarter of 1945 and in each calen­ tons but not over 1000 tons. -newspaper. The term includes paper (v) Deduct 18% of the amount over 1000 dar quarter after that, no publisher may tons. reclaimed wholly or partly from printed use or cause to be used, in the publica­ or unprinted waste, as well as paper tion of a newspaper, print paper in ex­ (7) Consumption quota. The balance made entirely from virgin fiber. It also cess of: remaining after subtraction of the aboye includes roll wrappers, newsprint used as (1) His quarterly consumption quota, reductions from the total adjusted base wrappers, identification sheets and labels which shall be, computed in accordance tonnage determined under instruction No: 155------2 9664 FEDERAL REGISTER, Saturday, August 4, 1945

number 5 is the publisher’s consumption quarter by that percentage by which the from the War Production Board, may quota for the quarter. average number of copies per issue in the grant to individual publishers the right (8) Adjustment for print paper lighter third quarter of 1944 exceeds the average to add to their consumption quotas the than 32-pound basis weight. If a pub­ number of copies per issue in the corre­ tonnage of paper consumed in printing lisher orders print paper lighter than 32- sponding calendar quarter of 1943. For such newspapers acquired by the Army pound basis weight, his consumption example, if a newspaper’s consumption and the Navy for distribution as de­ quota for the current calendar quarter of print paper in the first quarter of 1943 scribed under paragraph (n) (1). This shall be reduced proportionately as fol­ was 5 tons with an average press-run in allotment does not cover purchases of lows : First, determine the percentage by that quarter of 5,000 copies per issue, and newspapers by military exchanges or which 32-pound paper exceeds such its average press-run in the third quar­ service departments as defined in Pri­ lighter paper in weight. Second, mul­ ter of 1944 was 6,250 copies per issue, his orities Regulation 17 for distribution tiply the tonnage of lighter paper so or­ consumption quota for the first calendar within the continental limits of the dered by this percentage. Third, sub­ quarter of 1945 is 6% tons. United States. All newspapers sold to tract the result from the publisher’s (2) Small newspapers. During the the military shall be charged against consumption quota. For example, if a third calendar quarter of 1945 and in the publisher’s consumption quota un­ publisher has a consumption quota of 200 each calendar quarter after that, any less the publisher has received a specific grant from the Army or the Navy pur­ tons and orders 100 tons of 30-pound person may use or cause to be used 5 tons basis weight paper, his consumption of print paper for a newspaper published suant to this paragraph. quota shall be reduced by 6% tons, since weekly or less frequently, 6% tons of Delivery Quota 32-pound paper is 6%% heavier than 30- print paper for a newspaper published (0) Computation of delivery quota. pound paper. semi-weekly, 7% tons of print paper for (9) Fourteenth Sunday in third quar­ a newspaper published tri-weekly, 8% In July 1945, and in each calendar month after that, no publisher may order ter of 1945. Inasmuch as there are 14 tons of print paper for a newspaper pub­ or accept delivery of print paper in ex­ Sundays and 78 weekdays in the third lished four times a week, 10 tons of print cess of his monthly delivery quota, which quarter of 1945, compared with 13 Sun­ paper for a newspaper published 5 times days and 79 weekdays in the third quar­ a week, 11% tons of print paper for a shall be computed in accordance with the ter of 1941 and 1944, the publisher of a newspaper published 6 times a week, or following instructions: (1) Monthly base. Total the pub­ daily and Sunday newspaper may in­ 12% tons of print paper for a newspaper lisher’s consumption quotas for the third crease his consumption quota in the published 7 times a week. It makes no and fourth quarters of 1945 and add the third quarter of 1945 by the excess of his difference whether he used that much ex-quota tonnage, if any, which may average Sunday use of print paper in the print paper or any print paper in the have been granted, for the third quarter third quarter of 1944 over his average publication of a newspaper during any of 1945. Divide by 6. (Do not add any weekday use of print 'paper in the third previous period. carry-over from preceding quarters.) quarter of 1944. The publisher of a (3) Other newspapers using less than (2) Inventory ceiling. The above newspaper issued only on Sundays may 25 tons per quarter. If, prior to October amount shall be reduced accordingly if increase his consumption quota in the 1, 1944, a publisher used less than 25 third quarter of 1945 by one-thirteenth tons of print paper per calendar quarter a publisher’s inventory is, or by virtue of such order or acceptance will become, of his allowable use of print paper in the for civilian readers (whether or not he on December 31, 1945, greater than: (i) third quarter of 1944. No publisher may used additional paper for military read­ 30 days’ supply for publishers in the increase his delivery quota because of ers), his total quarterly consumption states named in List A, (ii) 50 days’ sup­ any additional tonnage he may use for quota for all types of readers shall be ply for publishers in the States named in the fourteenth Sunday in the third quar­ computed as follows: List B, or (iii) 60 tons for publishers who ter of 1945. (1) Ascertain the total number of (l) Carry-over. If a publisher - uses copies of all issues printed in each of the would be limited to a smaller amount by less print paper than he is permitted to seven calendar quarters between January subdivision (i) or (ii) above. use in the fourth quarter of 1943, or in 1, 1943 and September 30, 1944. List A any calendar quarter after that, he may (ii) Ascertain the average number of Connecticut. Nebraska. add this tonnage to his consumption pages per issue printed in each of the District of Columbia. New Hampshire quota but not to his delivery quota, in seven calendar quarters between Janu­ Delaware. New Jersey. any succeeding quarter. This para­ ary 1, 1943 and September 30, 1944. Illinois. New York. graph does not apply to the print paper (iii) Multiply the highest quarterly Indiana. North Dakota. which a publisher is permitted to use figure determined under subdivision (i) Iowa. Ohio. Kansas. Pennsylvania. under paragraph (m) (2). by the highest quarterly figure deter­ Rhode Island. mined under subdivision (ii). The Kentucky. (m) Consumption quotas for certain Maine. South Dakota. types of newspapers. Excepted from the weight of paper required to produce this Maryland. Vermont. provisions of paragraph (k) are certain number of pages is the publisher’s quar­ Massachusetts. Virginia. types of newspapers described in this terly consumption quota; Provided, how­ Michigan. West Virginia. paragraph (m ), whose consumption ever, That if this figure is in excess of Minnesota. Wisconsin. quotas shall be computed as follows: 25 tons, the publisher shall be limited Missouri. List B (1) Special types of newspapers. Any to 25 tons per quarter plus the tonnage newspaper containing the equivalent of in excess of 25 tons which he used for Alabama. Nevada. 8 standard-size pages or less which is military circulation in the third quarter Arizona. New Mexico. North Carolina. authorized to be admitted to the mails as of 1944. Arkansas. California. Oklahoma. sedond-class matter under the provisions (n) Allotment to Army and Navy. Oregon. (1) The War Production Board may Colorado. of section 521 of the Postal Laws and Florida. South Carolina. Regulations of 1940 (Title 39, U. S. C., from time to time allot to the Army and Georgia. Tennessee. sec. 229) pertaining to the publications the Navy a specified tonnage of paper to Idaho. Texas. of benevolent, fraternal, trades-union, be consumed in printing (i) newspapers Louisiana. Utah. professional, literary, historical, and sci­ acquired in bulk for free distribution by Montana. Washington. Wyoming. entific organizations and societies shall the Army or the Navy which will be fur­ Mississippi. have a consumption quota of print paper nished to United Spates Armed Forces 3. Exclusions. In computing his in any calendar quarter equal to either: personnel in the continental United monthly base under paragraph (o) (D . States and (ii) “ servicemen’s” “ overseas” , (i) Its quarterly consumption of print and in computing the maximum tonnage paper in any one of the first three calen­ “pony”, or other condensed editions of which he may have in his inventory on dar quarters of 1944; or newspapers acquired in bulk by the Army (ii) Its consumption of print paper in or the Navy which will be furnished to December 31, 1945 in accordance with the corresponding calendar quarter of United States Armed Forces personnel paragraph (o) (2), a publisher shall ex­ 1943. If thè publisher selects this latter overseas. clude any less-than-quota savings under (2) From this allotment the Army and method in any calendar quarter, he may his consumption quota carried over from increase his consumption quota in that the Navy, under a delegation of authority FEDERAL REGISTER, Saturday, August 4, 1945 9665

previous quarters. He shall also ex­ the denial of the request would create (w ) Communications to the War Pro­ clude print paper which he has received undue hardship. duction Board. All reports required to by Great Lakes or coastal water-borne (q) Certification. No mill or other be filed hereunder, requests for specific shipments; provided on May 1 of any supplier may sell or deliver to any person, authorization, appeals and other com­ calendar year he shall have on hand or and no person may accept, any print munications concerning this order shall available for use not more than (i) a 30 paper for use under Order L-240 except be addressed to: War Production Board, days’ supply if he is located in one of the on a delivery order bearing or accom­ Printing and Publishing Division, Wash­ States named on List A above, or (ii) panied by a certification substantially in ington 25, D. C. Ref: L-240. a 50 days’ supply if he is located in one the form set forth below. This certifica­ (x) Violations. Any person who will­ of the States named in List B above and tion must be signed manually or as pro­ fully violates any provision of this order, provided further that no publisher may vided in Priorities Regulation No. 7 by or who, in connection with this order, order or accept delivery of a total amount the purchaser or by an official duly au­ wilfully conceals a material fact or fur­ of print paper by water, rail or otherwise thorized for such purpose: nishes false information to any depart­ in any calendar year (including both the The undersigned certifies, subject to the ment or agency of the United States is open and closed navigation seasons) in penalties of section 35 (a ) of the U. S. Crim­ guilty of a crime, and upon conviction excess of his permitted consumption for inal Code, to the seller and to the War Pro­ may be punished by fine or imprison­ that calendar year. duction Board: (a) that he is permitted to ment. In addition, any such person may (4) Computation of rate of consump­ place this delivery order and to accept the be prohibited from making or obtaining tion. The number of days’ supply shall print paper ordered; (b ) that the print paper will be used or delivered, or that it is re­ further deliveries of, or from processing be computed at the average daily rate of quired to replace in inventory print paper or using, material under priority control allowable consumption for the last six previously used or delivered, under War Pro­ and may be deprived of priorities assist­ months of 1945. duction Board Order L-240. ance. (5) Fractional carloads. If a pub­ lisher’s delivery quota for any month is The above certification must be placed Issued this 3d day of August 1945. on, or must accompany, each delivery or­ less than one carload, he may neverthe­ W ar P r o d u c tio n B oard, less order and accept, in that month, up der placed by any person for print paper to be used under Order L-240, and the B y J. J o se ph W h e l a n , to one full carload. If a publisher’s de­ Recording Secretary. livery quota for any month is a whole certification provided for in Priorities I nterpretation 1: Revoked Dec. 24, 1943. number of carloads plus a fraction of Regulation No. 7 may not be used in its place. I nterpretation 2: Revoked Dec. 24, 1943. another carload, the fraction may be (r) I nterpretation 3: Revoked Dec. 24, 1943. added to his delivery quota for any suc­ Inventory reports and copies of ceeding month. orders. On and after July 1, 1945, the I nterpretation 4 (6) Transit damage. If print paper in publisher of every newspaper which con­ TRANSIT DAMAGE inventory is destroyed or damaged to sumes 25 tons of print paper or more in any calendar quarter shall file with Paragraph (f) of Order L-240 states In such an extent that it becomes unusable the War Production Board: part: “Transit damage shall not be included in publishing his newspaper, whether this in a publisher’s ‘use’ of print paper." This ( 1 ) A monthly statement of his in­ occurs while the paper is in transit or provision which was inserted in the order on after it has reached its destination, the ventory of print paper on Form WPB December 24, 1943, merely explained, and did 4292 within three days after the close of not change, the existing rule. publisher may - increase his delivery At all times since the Issuance of Order quota (but not his consumption quota) in each month, beginning with June 1945. (2) Copies of all orders for the deliv­ L-240 on December 31, 1842, a publisher has the same or any subsequent month by been obliged to charge against his consump­ an amount sufficient to replace such ery of print paper placed by him or for his account. Such copies of orders must tion quota only the print paper which was paper. It is immaterial whether or not actually "used” in publishing his newspaper; be mailed within three days after the print paper which was destroyed or damaged the publisher is reimbursed for the de­ orders are placed. stroyed or damaged paper by the ship­ in transit need not be charged against the per, the carrier, or an insurance com­ These reporting requirements have publisher’s consumption quota to the extent been approved by the Bureau of the that such print paper was rendered unusable pany. It is also immaterial whether or Budget in accordance with the Federal in the publication of his newspaper. How­ not the publisher salvages all or part of Reports Act of 1942. ever, at all times since the issuance of Order the damaged paper for use other than (s) Intra-company transfers. The L-240 on December 31,1942, production waste in publishing his newspaper. foregoing restrictions apply not only to has been included in the tonnage of print (7) Report on transit damage. Any paper which is “used" in publishing a news­ deliveries from one person to another, publisher who increases his delivery paper. (Issued Oct. 30, 1944.) including affiliates and subsidiaries, but quota to replace destroyed or damaged also to deliveries from one branch, di­ [F. R. Doc. 45-14277; Filed, Aug. 3, 1945; print paper in accordance with subpara­ vision, or section of a single enterprise 11:25 a. m.] graph 6 above shall, within 15 days after to another branch, division, or section placing the order for such replacement, of the same or any other enterprise under file a letter with the War Production common ownership or control. Board stating the number of tons com­ P art 3133— P r in t in g and P u b l is h in g prising the publisher’s delivery quota for Miscellaneous Provisions ' [Limitation Order L-244, Supp. 1, as Amended that month, the number of tons destroyed (t) Loans of print paper. Any loan Aug. 3, 1945] or damaged, the manner in which such of print paper made by a publisher shall MAGAZINES AND PERIODICALS print paper was rendered unfit for use in be reported to the War Production Board publishing his newspaper, and the num­ by letter within 15 days after the date § 3133.15a General Limitation Order ber of tons ordered in excess of his de­ of the loan. This reporting requirement L-244, Supplement No. 1— (a) Purpose livery quota. This reporting requirement has been approved by the Bureau of the of appeal clause. The serious shortage has been approved by the Bureau of the Budget in accordance with the Federal in the supply of print paper available Budget in accordance with the Federal Reports Act of 1942. for magazines makes it necessafy for Reports Act of 1942. (u) Applicability of regulations. This publishers to reduce their consumption (p) Exceptions. Permission to order order and all transactions affected by it substantially, as provided in Order L-244. or accept delivery of print paper in ex­ are subject to all present and future reg­ Such reductions may create serious cess of the tonnage allowed under para­ ulations of the War Production Board. hardships—which, however, are una­ voidable in time of war. Appeals are graph (o) may be granted by the War (v) Appeals. Any appeal from the not granted to ameliorate, in individual Production Board upon a written request provisions of this order shall be made in for specific authorization stating the accordance with Supplement 1 to the or­ cases, hardships applicable to an entire industry. They are granted only to pro­ number of tons and the number of days’ der. Regardless of the provisions of Pri­ vide relief, subject to the provisions of supply of print paper which the pub­ orities Regulation 16 no statement with paragraphs (b) to ( g ) , from certain un­ lisher has in inventory, the number of respect to manpower information on tons comprising his delivery quota, the due and excessive hardships which would Form WPB-3820 (or letter explaining be created if the order were applied number of additional tons he desires to why that form is not filed) need accom­ without modification to an exceptional order and accept, and the reasons why pany any appeal. set of circumstances. Appeals which do 9666 FEDERAL REGISTER, Saturday, August 4, 1945 (4) Heavy weight paper, wide rolls and Appeals Committee or granted by the not establish such hardships shall be Appeals Board for causes other than denied. large sheets held in inventory because of reduction in basis weights and trim size. those enumerated in subparagraphs (1) (b) No automatic adjustments. Para­ to (7) of this paragraph (f) except graph (f) of this supplement describes (i) A publisher who, prior to October 1, 1944, reduced the basis weight of the where unforeseen, unusual, extraordi­ the types of hardship for which quota nary or emergency conditions constitut­ adjustments shall be made by the War paper regularly used in his magazine, and who, since the time of such reduction, has ing undue and excessive hardship are Production Board on appeal. These ad­ proved. Certain factors which shall not justments, however, are not automatic. held in “frozen inventory” a quantity of the heavier paper regularly used prior to be recognized as grounds for the grant­ A publisher who believes that his case ing of appeal tonnage are described in is covered by one of the subparagraphs such reduction, shall, on appeal, be paragraph (g). of paragraph (f) may not make his own granted permission to consume that quantity of heavier paper and charge it •(g) Factors which shall not be con­ adjustment of his consumption quota. sidered as grounds for granting of ton­ No publisher may use any paper in ex­ against his quota as if it were paper of the basis weight he was using on October nage on appeals. The following is a list cess of his consumption quota, computed of some of the factors which shall not in accordance with paragraphs (j) and 1, 1944 for the same kind of printing. be considered as grounds for the grant­ (k) of Order L-244, unless he files an Such permission shall be granted only ing of appeals. This list is not ex­ appeal for such relief and a grant is subject to the following conditions: made in writing, signed by the Record­ clusive. ing Secretary of the War Production That the heavier weight paper shall be con­ (1) The nature of a magazine’s contents. sumed before September 30, 1945, and (2) Diminished base period consumption Board. That the tonnage of paper which he is because of financial conditions. (c) Adjustment of base tonnages. permitted to accept during the third quarter (3) Suspension of publication before the Wherever appropriate, grants on appeal of 1945 shall be reduced by the net tonnage issuance of Order lr-244 on December 31,1942, shall be made in the form of adjustments to be charged against his consumption quota except as provided in paragraph (f) (7). of a publisher’s base tonnage which shall pursuant to the appeal granted under this continue to be effective in future quar­ (4) Consumption of more paper in any paragraph. quarter of 1942 than jn other quarters. ters, subject to re-examination and (5) Consumption of less paper in 1942 than modification at any time by the War (ii) A publisher who reduced the trim size of his magazine prior to October 1, in other years except as provided in para­ Production Board. 1944, and who, since the time of such re­ graph (f) (8). (d) Effective date of base tonnage ad­ (6) Decrease in circulation, number of justments. Adjustments of base ton­ duction, has held in “ frozen inventory” advertising pages, or number of editorial nages are not retroactive. A publisher a quantity of wider rolls or larger sheets pages in 1942. whose base tonnage is adjusted on ap­ of paper which were required to print (7) Increase in trim size, basis weights, peal does not receive, by virtue of such his magazine prior to such reduction in circulation, cover or subscription price, num­ trim size, shall, on appeal, be granted ber of advertising pages, number of editorial adjustment, a “ carry-over of unused pages, frequency of issuance, or other ex­ tonnage’’ from any quarter before the permission to consume that quantity of over-size rolls or sheets as if it were pansion measures in 1942 or thereafter. issuance of the appeal grant. (8) Publication of a new magazine in 1942 (e) Application of curtailments. Con­ paper of the size he was using on Octo- by a publisher who was in the magazine pub­ structive base tonnages granted on ap­ ber 1, 1944 for the same kind of printing lishing business throughout that year. peal are subject to the curtailments re­ without charging against his consump­ (9) Special events such as war bond drives, quired by paragraph (j) of Order L-244 tion quota the trim waste caused by such recruiting drives, war news, political news, as amended from time to time. reduction in roll size or sheet size. Such (10) Inability to maintain or increase ad­ ( f ) Types of hardship for which relief permission shall be granted only subject vertising pages, editorial pages, or circula­ shall be granted. In passing upon ap­ to the following conditions: tion under existing quotas. peals under Order L-244 the following That such over-size rolls or sheets shall be (11) Increased demand for a magazine, standards shall govern: consumed before September 30, 1945, and even though it is published by a membership organization whose constitution requires that (1) New magazines issued by new That tjie tonnage of paper which he is per­ a copy be sent to every member. publishers in 1942. If a new publisher mitted to accept during the third quarter first caused paper to be used in printing a (12) Request to use in a new magazine of 1945 shall be reduced by the net tonnage publishing business more than the tonnage new magazine in 1942 (and did not pub­ to be charged against his consumption quota lish any other magazine throughout that pursuant to the appeal granted under this provided in paragraph (j) (5) of Order L-244. entire year) he shall be granted a con­ paragraph. (13) The fact that additional tonnage was granted on appeal to a competitor. structive base tonnage: Prgvided, The (5) Unusual seasonal variations. Pub­ (14) Consumption of paper in violation of magazine was published continuously lishers whose schedules have unusual Order L-244, whether or not such violation until the issuance of Order L-244 on De­ seasonal variations shall be granted per­ was wilful. cember 31, 1942. This shall be deter­ mission to redistribute their quarterly Procedure mined by averaging the tonnage of paper consumed in each issue printed in 1942 consumption quotas within, a calendar (h) How appeals are submitted. Ap­ and multiplying this average tonnage by year. peals from Order L-244 may be filed by a factor representing the magazine’s (6) Inter-company transfers. Trans­ addressing a letter to the War Production established frequency of issuance. fers of quotas under Order L-244 shall Board, Printing and Publishing Division, (2) Publishers who used 25 tons or be permitted between corporations which Washington 25, D. C. Ref: L-244. less in the first quarter of 1943. If a pub­ have occupied the relationship of parent (i) Form of appeals. The letter of lisher used 25 tons of paper or less in the and Wholly-owned subsidiary, or affili­ appeal need not follow any particular first quarter of 1943 under that provision ates wholly owned by the same person form. It should state informally, but of Order L-244 (eliminated as of April prior to December 31,1942, and continu­ completely, the particular provision ap­ pealed from, the precise relief desired, 1,1943) which exempted users of 25 tons ously thereafter. per »quarter or less, he shall be granted (7) Temporary suspension. Publishers the subparagraph of paragiaph (f) upon a constructive base tonnage, not to ex­ which the appellant relies, and the rea­ ceed 25 tons per quarter. This shall be who suspended publication temporarily sons why denial of the appeal would re­ determined by averaging the tonnage of before the issuance of Order L-244 on sult in undue and excessive hardship. paper used in the issues of each maga­ December 31, 1942 because of strikes, (j) Denial by administrator. Appeals zine printed during the first quarter of fires, entrance into the armed forces,~or may be denied in the first instance by the 1943 and multiplying this average ton­ similar conditions shall be granted com^ administrator of the order. nage by a factor representing the maga­ (k) Re-appeal from denial by admin- zine’s established frequency of issuance pensatory increases in their base tonnage istrator. When an appeal has been de­ in that period. to the extent that it was impracticable nied by the administrator of the order, (3) Reduction in basis weight and trim to continue operations. the appellant may re-appeal, within 15 size. Publishers who reduced the basis £8) Extraordinary hardships. Appeal days after the letter of denial is mailed, weight or trim size of their magazines in tonnage shall not be recommended by by addressing a letter to the War Produc­ 1942jshall be granted compensatory in­ tion Board, Printing and Publishing Di- creases in their base tonnages. either the administrator or the Division FEDERAL REGISTER, Saturday, August 4, 1945 9667 vision, Washington 25, D, C. Ref: L-244. (v) Public files. Public files shall be 2. Sections 1.3 (a) (12), 2.1 (a) (iv), This letter may contain simply a request set up in all cases, including those filed that the case be forwarded to the Ap­ 2.2 (d) (2), 2.4 (b), 2.15 (a) (1) (i), before as well as after October 7, 1943 2.23, 2.29 (c), 2.29 (d ), 2.32 (i) and peals Board of the War Production whether or not'they resulted in a grant. Board. Any additional information 2.32 (j) are hereby revoked. They shall be available for public in­ 3. Section 2.1 (a) is amended by in­ which the appellant cares to submit at spection at any time during the business this time will also be forwarded to the serting the word “new” after the phrase hours of the War Production Board.' The “to asquire a” . Appeals Board. public files shall include: (l) Grant of appeals. Although the 4. Section 2.1 (a) (6) is amended to (1) All papers filed by the appellant In read as follows: administrator of the order may deny an support of the appeal except those portions appeal in the first instance, only the Ap­ which contain confidential data. (6) Tire Inspection. That the appli­ peals Board has the power to grant relief (2) All memoranda by War* Production cant has declared all his tires upon a in individual cases from the provisions Board officials containing recommendations Tire Inspection Record as required by of the order. for or against the allowance of the appeal. Revision Ration Order IB, and that (m) Recommendation of grant "by the (3) Copies of all letters of grant or denial. either the serial number of the tire to (4) A transcript of the record of any pub­ administrator. The administrator of the be replaoed has been entered upon such order may recommend that an appeal be lic hearing (or if the stenographic notes of the hearing have not been transcribed, a Record or the applicant has Part D of granted in whole or in part. In that memorandum referring to the notes and stat­ a certificate authorizing the acquisition event the case shall be forwarded to the ing how a transcript may be obtained). of such tire. Appeals Board with the written recom­ mendation of the administrator and the (w) False representations. All grants 5. Sections 2.2. (a) (1), 2.3 (a) (3), written concurrence or non-concurrence on appeal are conditional upon the valid­ 2.5 (a ), 2.8 (a ), 2.8 (b ), 2.9 (a ), 2.15 (b) of each member of the Division Appeals ity of the statements submitted in sup­ (2 ) , 2.17 (b), 2.18, 2.28 (b), 2.30 (b) Committee, consisting of himself, the ad­ port thereof. Any person who wilfully 2.30 (c) (3), 2.30 (e), 2.30 (f), 2.31 (a) ministrators of Orders L-240, L-241 and conceals a material fact or furnishes false (3 ) , 2.31 (a) (5), 2.31 (b), 2.32 (a), D-245, the Assistant Director of the information in connection with an ap­ 2.32 (b), 2.32 (c), 2.32 (e), 2.32 (g), Printing and Publishing Division for La­ peal, whether orally or in writing, is 2.32 (k), 2.32 (1), 2.32 (m ), 232 (m) bor, and representatives of the Office of guilty of a crime and upon conviction (4) (ii), 2.32 (m) (4) (iii), 2.32 (n), Civilian Requirements and the Conserva­ may be punished by fine or imprisonment 2.32 (o), 2.32 (p ), 2.33, 3.2 (a), and 3.2 tion Division. or both, as provided in section 35A of (a) (3) are amended by inserting the (n) Optional reference to Appeals the United States Criminal Code. word “new” before the word “ tires” , wherever it appears. Board by administrator. The adminis­ Issued this 3d day of August 1945. trator of the order may, if he desires, 6. Sections 2.2 (a) (3), 2.3 (a), 2.3 refer a case to the Appeals Board with a W ar P r o d u c t io n B oard, (a) (2), 2.4 (a) (11), 2.5 (a), 2.20, 2.27 recommendation of denial or with no B y J. J o se ph W h e l a n , (a) (1), 2.27 (a) (2), 2.27 (a) (3), 2.31 recommendation at all. Recording Secretary. (a) (1), 2.31 (a) (2), and 2.31 (a) (4) (o) Hearings by Appeals Board. If (P. R. Doc. 45-14278; Filed, Aug. 3, 1945; are amended by inserting the word the Appeals Board desires to obtain addi­ 11:24 a.,m.] “new” before the word “tire”.' tional facts not contained in the file, it 7. Section 2.2 (b) is amended by delet- may, in its discretion, hold a public hear­ 4ng the phrase "or a Grade III tire” . P art 3290— T e x t il e , C l o t h in g and 8. Section 2.2 (c) is amended to read ing on any appeal. To the extent con­ L eather sistent with the necessity for emergency as follows: relief, a schedule of hearings shall be [Conservation Order M-328B, Arndt. 3 to Schedule B] (c) Eligibility determined on basis of made up in advance. Information con­ adjusted gasoline ration. When the cerning the time and ‘place of any sched­ SPECIAL PROGRAM FOR COTTON AND WOOL board has adjusted an applicant’s mile­ uled hearing shall be available at the MACHINE KNITTED ITEMS age requirements pursuant to paragraph office of the Appeals Board at any time (a) and (b) of this section it shall de­ -during business hours. Section 3290.120b, Schedule B to Con­ servation Order M-328B is hereby termine the applicant’s eligibilty for a (p) Conduct of hearing. Hearings by amended in the following respect: new tire on the basis of such adjusted the Appeals Board are open to the public. In the tenth line of paragraph (c) (4), mileage, and as follows: All interested parties may attend and, in change the figure “33%%” to “ 66%%.” (1) Applicants with only an “ A ” ra­ the discretion of the Board, may be tion are not eligible to new tires. heard. The hearings are informal and Issued this 3d day of August 1945. (2) Applicants with a “B” or better the Board is not bound by legal rules of W ar P r o d u c tio n B oard, ration are eligible to Grade I tires. evidence. It is not necessary for an ap­ B y J. J o se ph W h e l a n , pellant to be represented by counsel, al­ 9. Section 2.2 (d) (1) is amended to though he may do so if he wishes. Recording Secretary. read as follows: (q) Decision by Appeals Board. The [P. R. Doc. 45-14279; Piled, Aug. 3, 1945; 11:24 a. m.] (d) Exceptions to eligibility. (1) An Appeals Board may grant or deny an ap­ applicant may establish eligibility for a peal in whole or in part. It may also at­ Grade I tire to replace a recappable car­ tach conditions to a grant. Chapter XI—Office of Price Administration cass only if the vehicle on which the tire (r) Finality of decision. The decisions P art 1315— R ubber and P roducts and is mounted is used exclusively for main­ of the Appeals Board shall be final, unless taining fire-fighting services, or investi­ that Board elects to reopen the case. M aterials o f W h ic h R u bber I s a C o m p o n e n t gation or patrolling necessary to the (s) Publication of grants. Grants on maintenance of public services, or used appeal shall be announced publicly at [Rev. R. O. IB ,1 Arndt. 1] for making professional calls by a phy­ least every two weeks. sician or surgeon duly licensed by the (t) Announcement of grounds of de­ MILEAGE RATIONING: TIRE REGULATIONS FOR PUERTO RICO appropriate governmental authorities cision. Whenever a grant is made, for and regularly rendering necessary pro­ “unforeseen, unusual, extraordinary or A rationale accompanying this amend­ fessional services of an emergency na­ emergency conditions” under paragraph ment, issued simultaneously herewith, ture outside his office. ( f ) (8), a brief memorandum of the basis has been filed with the Division of the of the decision shall be made public by Federal Register. 10. Section 2.2 (d) (3) is redesignated the Appeals Board within two weeks, and Revised Ration Order IB is amended section 2.2 (d) (2), and amended to read the decision shall be treated as a prece­ in the following respects: as follows: dent in future situations of an identical 1. Section 1.1 (a) (11) is amended to (2) An applicant for a new tire to character. read as follows: equip a passenger automobile which is (u) Amendment of supplement. hot driven by gasoline or which has been Whenever a new standard is developed, (11) Grade I, as applied to tires means a new passenger-type tire. Issued a currently valid non-highway ra­ the supplement shall be amended to set tion shall not be eligible to a Grade I forth that standard. 1 7 P.R. 72. tire unless the mileage driven in such ve- 9668 FEDERAL REGISTER, Saturday, August 4, 1945 hide constitutes occupational or pre­ operation, unless its removal is permitted* ment not designed primarily for use on ferred mileage under Revised Ration by Office of Price Administration order the highway. Order 5E. or authorization and must be presented (4) Vehicles operated by the armed for inspection at any time to, and at the forces of the United States. 11. Section 2.3 (a) (4) is amended to request of, an inspector of the Office of (5) Tires reported on OPA Form PR-R read as follows: Price Administration, or any person 17 by any person required to file such (4) Recapping if possible. That if whom the Director may designate for form. the applicant is seeking to replace a tire, that purpose. Upon transfer of any (6) Tires obtained pursuant to sec­ it is not capable of being recapped ; Pro­ ’motor vehicle to which the provisions of tion 2.6. vided, however, That if the tire sought to this section apply, the record pertaining 22. •Section 2.30 (a) is amended by de­ be replaced is to be mounted on an am­ to the vehicle, and Parts D for tires leting the phrase “recapping tires or” , bulance or on a vehicle exclusively used mounted on the vehicle must be trans­ after the phrase “in the business of” , for maintaining fire-fighting services or ferred with it. and by inserting the word “ new” before investigation or patrolling necessary to (b) Report on mileage and condition the word “tires” wherever it appears. the maintenance of public police service, of tires. The inspector shall indicate on 23. Section 2.32 (d) is amended to read applicant may obtain a new tire to re­ the Tire Inspection Record as of the as follows: place a recappable carcass; and time of the inspection: (1) The odometer reading of the ve­ (d) Transfers on vehicles. Unless 12. Section 2.4 (a) (12) (iv) is prohibited by an order or regulation is­ amended to read as follows: hicle. (2) Whether the tires inspected sued by the Office of Price Administra­ v (iv) Such raw materials and semi­ should be replaced or recapped, and tion, or by the War Production Board, manufactured goods, and finished prod­ (3) Any repairs and adjustments nec­ a person may, without a certificate trans­ ucts, including foods and farm products, essary to keep the tires in proper run­ fer a new tire as part of the equipment as are essential to the war effort or to ning order; if the inspector indicates of a vehicle in conjunction with the the public health and safety. that repairs and adjustments, other transfer of such vehicle. 13. Section 2.5 (a) (1) is amended by than recapping or replacements, are 24. Section 2.32 (h) is amended by deleting the phrase “ for a Grade in tire necessary, he shall not sign the Tire In ­ inserting the word “new” before the word or” after the phrase “ the Board may spection Record until such repairs or “ tire,” wherever it appears. issue a certificate” and by inserting the adjustments have been made. 25. Subparagraph (g) is added to sec­ word “ new” before the phrase “ truck- (c) Every person controlling the use tion 2.32 and reads as follows: of a vehicle equipped with tires shall type.” (g) The Director may authorize the 14. Section 2.5 (b) is amended by de­ keep the tire inspection record already issued to the same. The record must be change of original equipment tires if in leting the word “ used” before the word his discretion such tires are not service­ “tires,” and inserting in lieu thereof the kept with the vehicle when in operation, unless its removal is permitted by Office able for the use to which the vehicle word "new”. is to be put. 15. Section 2.10 (a) is amended by in­ of Price Administration order or au­ serting the word “new” after the phrase thorization, and must be presented to 26. Section 3.1 (a) is amended by in­ “to acquire a” and before the word the Board whenever any of the tires serting the word “ new” before the words “ tire” . therein declared are replaced by a tire. “passenger” and “truck.” 16. Section 2.11 (b) is amended by in­ The Board shall then issue r. new tire 27. Section 3.3 is amended to read as serting the word “new” after the phrase inspection record. follows: (d) Every person who acquires a ve­ “ is applying for” , and before the word Sec. 3.3 Records and reports of “ tires” . hicle equipped with tires, shall turned the tire inspection record of the prior transfers— (a) Records of transfers to 17. Section 2.15 (a) (1) is amended by and from dealers, manufacturers, and deleting the phrase “ which the appli­ owner to the Board at which application for a gasoline ration is made and there­ warehousemen. Every dealer, manufac­ cant must turn in” after the phrase “in­ turer and warehouseman shall keep true, upon a new tire inspection record shall cluding scrap, tires” . accurate and complete records of all be issued by the Board to such trans­ 18. Section 2.15 (b) (3) is amended to transfers of new tire to or by him. Pro­ read as follows: feree: Provided, That if no tire inspec­ vided, That no records need be kept of (3) By the Director. If the Director tion record has been issued, the trans­ transfers permitted by section 2.32 (e) issues OPA Form R-2 Revised for an feree shall submit to the Board a sworn relating to transfers for mounting or in­ allotment of tires under section 2.6, he, statement from the transferor, specify­ spection. Such records shall show the shall tear off and destroy parts A and ing the serial numbers of the tires serial number of the certificate or the C of such certificate. On parts B and D mounted on the vehicle, and the reasons receipt (if the transfer involved the use thereof the type of tires authdrized shall for not having obtained a tire inspec­ of a certificate or receipt), sales price, be specified. tion record: Provided fürther, That the date of transfer, number, size, type and 19. Section 2.16 (b) is hereby revoked owner of a vehicle equipped with tires grade of new tires, and if new tires are and paragraph (c) is redesignated (b ). for which no tire inspection record has transferred for repair, information suf­ 20. Section 2.17 (a) is hereby revoked been issued shall submit to the Board ficient to identify the ownership of new and paragraphs (b) and (c) are redesig­ at which application for a gasoline tires. nated (a) and (b) respectively. ration is made, a sworn statement speci­ This amendment shall become effec­ 21. Section 2.22 is amended to read as fying the serial numbers of the tires tive as of July 23, 1945. follows : mounted on the vehicle, and the reasons N ote: The record keeping and reporting re­ S e c . 2.22 Inspection record— (a) Ve­ for not having obtained a tire inspection quirements of this amendment have been hicles subject to inspection. Every record. I f the Board is satisfied that approved by the Bureau of the Budget in person acquiring a vehicle equipped with there is good cause for not having ob­ accordance with the Federal Reports Acts of tires which has not been previously reg­ tained the tire inspection record, the 1942. istered with any board shall, within ten Board may thereupon issue a new tire Issued this 3d day of August 1945. (10) days have the tires of such vehicle inspection record to sucli transferee or inspected, and shall be issued a tire in­ owner. The provisions of this section S a m G ils t r a p , spection record (OPA Form PR -R 534) Territorial Director, Puerto Rico. executed in accordance with the instruc­ shall not apply to: (1) Vehicles operated solely on special tions thereon, the Part “B*\of which shall Approved: be dully certified and filed with the Local gasoline rations. (2) Vehicles not registered for use on 1 J am es P. D a v is, Board. The tires mounted on such ve­ Regional Administrator, the highway. hicle shall be inspected by a tire inspector Region IX . appointed by the Director upon recom­ (3) Farm -tractor, farm implements, mendation of the Board. The record road-graders, earth-movers, or other in­ IF. R. Doc. 45-14304; Filed, Aug. 3, 1915; must be kept with the vehicle when in dustrial, mining or construction equip - 11:34 a. m.] FEDERAL REGISTER, Saturday, August 4,4945 9669

P art 1316— C o t t o n T e x tile s Revised Ration Order 5C is amended sent the original signed official order re- [RPS 35,1 Arndt. 27] in the following? respects: 4 leasing the officer from active duty. 1. In § 1394.7851 (b) (8) the text pre­ The Board shall note on the back of CARDED GREY AND COLORED-YARN COTTON such record the issuance of the ration GOODS ceding subdivision (i) is amended to read as follows: v and the amount of gasoline allowed. A statement of the considerations in­ For use with a passenger automobile 3. Section 1394.7853 (a) is amended by volved in the issuance of this amendment adding the following sentence: “How­ has been issued simultaneously herewith or motorcycle to provide mileage for non-occupational purposes if, in the dis­ ever, no ration may be issued under this and filed with the Division of the Federal section for use by an officer on terminal cretion of the Board, a denial of the Register. l68iV6 ^ The following proviso is added to the ration would cause undue hardship. However, no ration shall be issued under 4. Section 1394.7853 (c) (2) (ii) is re­ first paragraph of l 1316.61 (c) (5) : voked. this subparagraph for a purpose for Provided further, That, regardless of which other special rations are provided This amendment shall become effective the use to which they may be put, the under the provisions of this order except August 3, 1945. premium may be charged and the cer­ the purposes provided for by a veteran’s N ote: The reporting and record-keeping tification as to use shall not be required separation ration pursuant to § 1394.7851 requirements of this amendment have been for Class A drills sold and delivered be­ (b) (10), a furlough ration pursuant to approved by the Bureau of the Eudget in tween August 1 and November 15, 1945, §§ 1394.7853 or 1394.7854, or a special ra­ accordance with the Federal Reports Act of if they are of a quality suitable for use tion for a Canadian registered, vehicle 1942. in making finished goods to meet United pursuant to § 1394.7855. The allowance (Pub. Law 671, 76th Cong.; as amended States Army Specification No. 6-261, as and issuance of any ration under this by Pub. Laws 89, 421 and 507, 77th Cong.; amended. subparagraph shall be subject to the fol­ Pub. Law 509, 78th Cong.; WPB Dir. No. This amendment shall become effective lowing additional provisions: 1, Supp. Dir. No. IQ, 7 F.R. 562, 9121, as of August 1, 1945. 2. Section 1394.7851 (b) (10) is added 8 F.R. 9492,9868,9 F.R. 8775,12338,13039; E.O. 9125, 7 F.R. 2719) Issued this 2d day of August 1945. to read as follows: Issued this 3d day of August 1945. C hester B o w l e s , (10) For use with a passenger auto­ Administrator. mobile or motorcycle for travel by a per­ J am es G . R ogers, Jr., Acting Administrator. [F. R. Doc. 45-14240; Filed, Aug. 2, 1945; son who has been in active service as a * 3:50 p. m.] member of the armed forces of the [F. R. Doc. 45-14307; Filed, Aug. 3, 1945; United States and who has been sep­ 11:35 a. in.] arated from such active service, or by an officer of such armed services on ter­ minal leave, for the purpose of attending P art 1340—F u e l to his personal affairs and of making ad­ P art 1394— R a t io n in g o f F u e l and F u e l [RMPR 436, Amdt. 17] justments to civilian life, including travel P r o d u c t s ' to find employment. However, no ra­ [Rev. RO 11,1 Amdt. 62] CRUDE PETROLEUM, AND NATURAL AND tion shall be issued under this paragraph PETROLEUM GAS for the use of a person whose separation FUEL OIL from such service occurred more than A statement of the considerations in­ A rationale accompanying this amend­ volved in the issuance of this amend­ thirty days before the date the applica­ tion is filed. ment issued simultaneously herewith has ment, issued simultaneously herewith, been filed with the Division of the Fed­ The total rations issued under this sub- has been filed with the Division of the eral Register. paragraph for the use of any one veteran Federal Register. Revised Ration Order 11 is amended shall not exceed thirty gallons of gaso­ Revised Maximum Price Regulation in the following respects : No. 436 is amended in the following re­ line. (In the case of an officer who has spect: obtained a furlough ration during the 1. Section 1394.5001 (a) (22) is Section 10 is amended by striking out period of his terminal leave pursuant to amended to read as follows: the following words at the beginning of the former provisions of § 1394.7853, the (22) “Primary supplier” means any the second sentence “Except for specific amount of gasoline provided by such ra­ person who is currently registered as a maximum prices established for the tion plus the amount of gasoline provided primary supplier pursuant to this Order. Lance Creek field under section 10 Co) by any ration issued under this subpara­ A person is currently registered if he (2).” graph shall not exceed a total amount of has a currently valid primary supplier thirty gallons.) registration number, temporary or per­ This amendment shall become effec­ The application shall be accompanied tive August 8, 1945. manent. A person who has more than by one of the following records showing one primary supplier registration is as Issued this 3d day of August 1945. that the person for whose use the ration to each registration a separate primary is sought is on terminal leave or that his supplier. (Section 1394.5700 specifies C hester B o w l e s , separation from active service in the Administrator. the persons who must register as pri­ armed forces of the United States oc­ mary suppliers.) [F. R. Doc. 45-14311; Filed, Aug. 3, 194«; curred not more than thirty days before 11:36 a. m.] . the date of filing the application: 2. Section 1394.5001 (a) (22a) is added (i) In the case of an officer of the Army as follows: or of an enlisted man of the armed forces, (22a) “ Primary supplier establish­ the applicant shall present one of the ment” means any premise included in P art 1394—R a t io n in g o p F u e l and F u e l following records: a current primary supplier registration. P roducts Army WD AGO. Form .100—Army Separa­ 3. Section 1394.5001 (a) (29) is [Rev. RO 5C, Amdt. 13] tion Qualification Record. Navy NAVPERS Form 553— Notice of sepa­ amended by adding before the paren­ MILEAGE RATIONING: GASOLINE REGULATIONS ration from the United States Naval thetical sentence at the end of the para­ Service. graph the following:"“Similarly, any de­ A rationale accompanying this amend­ Coast Guard NAVCG Form 553— Notice of livery of fuel oil from one establishment ment, issued simultaneously herewith, separation from the United States Naval to or for the account of another estab­ has been filed with the Division of the Service— Coast Guard. lishment not included in the same regis­ Federal Register. Marines NAVMC Form 78 PD— United States Marine Corps Report of separation. tration shall be deemed a transfer, and the rules which apply to transfers from 1 8 FJR. 1963, 5306, 15906, 16744;* 9 FJR. 2020, (11) In the case of a commissioned or one person to another apply to transfers 2237, 2477, 2790, 3339, 7700, 9278, 9838, 10088, warrant officer of the Navy, Coast Guard 10921; 10 F it. 3876, 8129. or Marine Corps, the applicant shall pre- 19 F.R. 2357. 9670 FEDERAL REGISTER, Saturday, August 4, 1945 between separately registered establish­ ceived. After detaching such coupons or by a common or contract carrier se­ ments of the same person.” the Board will return the coupon sheet to lected by the consumer) ; or 4. Section 1394.5652 (a) is amended by the consumer. (5) He is notified by the Fuel Oil Ra­ adding, immediately before the paren­ (2) He must submit with his check or tioning Branch, Washington Office, to thetical sentence, the following sentence: coupon sheet, as the case may be, a state­ register as a primary supplier pursuant ‘‘However, this paragraph (a) shall not ment on OPA Form R-1119C giving the to § 1394.5714. apply to a transfer of fuel oil between required information, or in place of the (b) (1) If he meets the conditions in primary supplier establishments or to a form a written report certified by him to paragraph (a) (1) or (a) (2), he must transfer of fuel oil for which the con­ be true and complete containing all of apply for registration as a primary sup­ sumer is required, pursuant to § 1394.- the following information: plier, in the manner set forth in § 1394.- 5669, to surrender ration evidences to the (i) His name and address and the lo­ 5701 (a ), with respect to the place speci­ Office of Price Administration.” cation of his storage facilities within the fied, within fifteen (15) days after he 5. The text of § 1394.5653 is amended limitation area where the fuel oil was begins to refine fuel oil or obtain such to read as follows: “Fuel oil transfers received; petroleum at that place, as the case (other than those which must be report­ (ii) The transferor’s name and ad­ may be. ed pursuant to § 1394.5669) may be made dress without the limitation area where (2) If he meets the conditions in par­ to, and accepted by, a consumer in ex­ the consumer placed the order for the agraph (a) (3), he must apply for reg­ change for currently valid coupons at­ fuel oil; istration as a primary supplier, in the tached to coupon sheets upon complying (iii) The total amount of the fuel oil manner set forth in §1394.5701 (a ), with with the'following conditions:” so received and the date received. respect to the place within the limita­ 6. The text of § 1394.5653 (b) is (c) The consumer may include in the tion area at which he received the order, amended by adding before the paren­ report all fuel oil so received by him dur­ within fifteen ( 15 > days after the fuel oil thetical sentence at the end of the para­ ing the fifteen (15) day period preceding ordered at that place is delivered. graph the following sentence: “No dealer the date of the report. (3) If he meets the conditions in para­ or primary supplier shall detach a cou­ (d) Section 1394.5714 explains when graph (a) (4), he must apply for regis­ pon from a consumer’s coupon sheet be­ such a consumer may be required to reg­ tration as a primary supplier, in the fore the date on which the coupon be­ ister as a primary supplier. However, he manner set forth in § 1394.5701 (a), comes valid for a transfer of fuel oil.” shall comply with the requirements of within fifteen (15) days after such de­ 7. The text of § 1394.5654 (a) is this section as to all fuel oil which, prior livery is made. amended by adding at the end of the to the date of his application for registra­ (4) If he is notified to register as a paragraph the following sentence: . “No tion as a primary supplier, he received in, primary supplier by the Fuel Oil Ration­ dealer or primary supplier shall detach or brought into, the limitation area in the ing Branch, Washington Office, he must a coupon from a consumer’s coupon manner specified. apply for such registration, in the man­ sheet before the date on which the cou­ (e) Records. If the consumer is a de­ ner set forth in § 1394.57ÔL (a) within pon, becomes valid for a transfer of fuel positor, he must keep until further notice the time stated in the notice. oil.” ns ; by amendment of this Order all records (c) A person required to register as a 8. Section 1&94.5669 is added as fol­ on the basis of which the report required primary supplier with respect to a place lows: by paragraph (b) (2) is prepared. of business with respect to which he is not currently registered as a dealer may § 1394.5669 Consumers receiving fuel 9. Section 1394.5700 is added following the undesignated center headnote as fol­ not acquire or transfer fuel oil at or from oil directly from without the limitation (dr for the account of) that place of lows: area must report, (a) Beginning Au­ business until he is currently registered gust 7, 1945 a consumer (other than an § 1394.5700 Who must register as a as a primary supplier as to that place of agency specified in § 1394.5696 (a )) primary supplier, (a) A person who has business. However, he may acquire fuel who (1) within the limitation area, re­ a place or conducts an operation as to oil at that place of business as a consum­ ceives fuel oil on direct shipment from which he is not currently registered as er (in exchange for valid ration evi­ without the limitation area by pipe line, a primary supplier must apply for such dences). barge, tank ship or railroad tank car, registration with respect to thé place or whether or not the carrier is selected by 10. Section 1394.5701 (a) is amended operation if: to read as follows: him, or by any other common or contract (1) The place is one within the limita­ carrier selected by him or (2) brings fuel tion area at which he refines fuel oil; or (a) Primary suppliers. Beginning oil from without the limitation area to a (2) The place is an oil well within the August 7, 1945 application for registra­ place within the limitation area by his limitation area from which he obtains tion as a primary supplier must be made own transportation facility, must comply petroleum which is fuel oil as defined in on OPA Form R -l 116 (Revised) to any with paragraph (b) of this section unless § 1394.5001 (a) (15) ; or Board within the limitation area. he is currently registered as a primary (3) The place is one which he main­ (1) The applicant (other than one supplier as to the establishment at or for tains as a regular place of business applying for registration pursuant to the account of which the fuel oil was re- (without registered fuel oil storage ca­ § 1394.5700 (a) (4) ) must submit to the • ceived. (However, if the person from pacity) within the limitation area at Board, in addition to the information whom the consumer purchased the fuel which he receives an order for the pur­ required by the form and the copy of the oil maintains within the limitation area chase from him of fuel oil which he in notice specified in paragraph (a) (6) of a regular place of business at which the turn orders at a place of business with­ this section, if applicable, a statement order for the fuel oil was placed, he must, out the limitation area and the fuel oil containing the following: instead of complying with paragraph so ordered is delivered to a person (other (i) His name, firm name and business (b), surrender evidences to his seller in than himself) within the limitation area address; if he has no business address, the manner specified in this Order.) directly from without the limitation the address of his residence; (b) (1) The consumer must within area; or (ii) The address or location of each fifteen (15) days after each such receipt (4) The operation is one in which he, place required to be registered according of fuel oil, if he is a depositor, submit to for his own account, delivers or causes to § 1394.5700 or § 1394.5714, whichever the Control and Audit Section, Fuel Oil to be delivered fuel oil directly from is applicable; Rationing Branch, Office of Price Ad­ without the limitation area to a con­ (iii) The address or location of each ministration, Washington 25, D. C„ his sumer within the limitation area, in a of his establishments within the limita­ ration check, payable to the Office of manner other than by pipeline, barge, tion area which he chooses to include in Price Administration, in an amount equal tank ship or railroad tank car and he his primary supplier registration; to the gallonage value of the fuel oil so does not within the limitation area (iv) The location and the fuel oil received; if he is not a depositor, he must maintain a regular place of business at storage capacity of all stationary storage submit his coupon sheet to the Board which the order for the fuel oil was facilities within the limitation area in­ which will detach therefrom valid cou­ placed (he is deemed not to have made cluded in the application; pons for the gallonage value of the fuel the delivery if the fuel oil is carried in (v) The fuel oil he has on hand, at oil reported by him to have been so re­ the consumer’s transportation facility the time of the application, at or for the \

FEDERAL REGISTER, Saturday, A ugust 4, 1945 9671

account of each of the places within the ceives fuel oil on consignment from him, (3) The dealer may include in the limitation area to be included in the title to the fuel oil remaining in the con­ statement all fuel oil so received by him registration; signor until the time of transfer by the during the fifteen (15) day period pre­ (vi) I f he does not maintain stationary consignee. The applicant must, in ad­ ceding the date of the statement. storage facilities within the limitation vance of his application, notify the con­ (4) No dealer may accept a delivery of area, the number of tank trucks or other signee, in writing, of his-intention to in­ fuel oil directly from without the limita­ mobile delivery units to be used by him clude such facilities in his application. tion area unless at the time of delivery for fuel oil deliveries within the limita­ A copy of such notice must be attached he has on hand ration evidences or ration tion area, and the fuel oil storage ca­ to the application. I f such facilities are credits (as explained in § 1394.5707 (a) pacity and vehicle license number of each included in the application, the con­ (6 )) equal in gallonage value to the fuel of such trucks and delivery units; signee shall for all purposes of this order oil to be so delivered. (vii) A description of the facts which be deemed to be an agent of the con­ (b) Dealers who chuse the fuel oil to require him to register as a primary sup­ signor with respect to all fuel oil acquired be delivered to another person. (1) Be­ plier; and at or transferred from such facilities and ginning August 7, 1945, a person (here (viii) A certification that he has in­ with respect to all ration evidences re­ referred to as the seller) who, within the cluded in the statement all places which ceived or transferred for such fuel oil by limitation area, maintains a place as to he is required to include in his registra­ the consignee. I f the consignee’s facili­ which he is currently registered as a tion as a primary supplier and that the ties are not included in the application, dealer (with registered fuel oil storage information set forth in the statement is the consignee shall apply for registration capacity) at which he receives an order true and complete. with respect to such facilities, and, not­ for the purchase from him of fuel oil, (2) A person applying for registration withstanding the retention of title by the which he in turn orders at a place of pursuant to § 1394.5700 (a) (4) must consignor to the fuel oil consigned, the business without the limitation area, and submit a statement showing the number receipt of such fuel oil by the consignee which fuel oil so ordered is delivered to of tank trucks or other mobile delivery shall be deemed a transfer of the fuel oil another person (here referred to as the units to be used by him for fuel oil de­ to him and he shall include the fuel oil buyer) within the limitation area di­ liveries within the limitation area and in his inventory. rectly from without the limitation area, the fuel oil storage capacity and vehi­ must comply with paragraph (b) (2) of cle license number of each of such trucks 11. Section 1394.5707 (a) is amended this section. and delivery units, together with the by inserting between the phrase “ shall (2) He must within fifteen (15) days information specified in paragraph (a) transfer fuel oil” and the phrase “to a after the fuel oil so ordered is delivered (1) (i), (vii) and (viii) of this section. dealer within the limitation area” the forward to the Control and Audit Sec­ (3) The applicant (other than one re­ following parenthetical phrase: “ (unless tion, Fuel Oil Rationing Branch, Office quired to register as a primary supplier the transfer is one for which the trans­ of Price Administration, Washington 25, pursuant to § 1394.5700 (a) (4 )) must feree is required by § 1394.5713 to sur­ D. C.: include in the application for registra­ render ration evidences to the Office of (i) A statement on OPA Form R-1119G, tion all the places of business within the Price Administration)”. giving the required information; and limitation area at or from which he con­ 12. Section 1394.5713 is added to read (ii) If he is a depositor, his ration ducts operations which require him to as follows: check, payable to the Office of Price Ad­ register as a primary supplier. I f he is § 1394.5713. Dealers acquiring fuel oil ministration, equal in gallonage value to applying for registration as a primary directly from without the limitation area the amount of fuel oil so delivered from supplier pursuant to notice from the must report— (a) Dealers who receive the without the limitation area whether or Washington Office, he must include the fuel oil directly. (1) Beginning August not evidences were surrendered to him establishments and facilities referred to 7,1945, a person who, within the limita­ by the buyer. I f he is not a depositor, he in § 1394.5714. If he has other places tion area, maintains a place with respect must obtain from his Board a ration within the limitation area where he en­ -to which he is currently registered as a check in exchange for coupons equal in gages in the fuel oil business or con­ dealer (with or without registered fuel gallonage value to the amount of fuel sumes fuel oil, he may include some or all oil storage capacity) at or for the account oil so delivered and must endorse and of them if he chooses to do so. How­ of which he receives delivery of fuel oil forward that check with his statement. ever, he shall apply for registration as directly from without the limitation area (3) The seller may include in the state­ a dealer, in the manner provided in this in any manner (irrespective of the kind ment all fuel oil delivered in the manner order, as to each of his places (with re­ of transportation facility used for the specified in paragraph (b) (1) of this spect to which he is not currently reg­ purpose or who selected it) must comply section during the fifteen (15) day period istered as a dealer) within the limita­ with paragraph (a) (2) of this section. preceding the date of the statement. tion area at which he engages in the (However, if the person from whom he (c) All records on the basis of which business of buying and selling fuel oil purchased the fuel oil maintains within the statement required by paragraph and which he does not include in his th? limitation area a regular place of, (a) (2) (i) or (b) (2) (i) of this section application for registration as a primary business at which the order for the fuel is prepared shall be retained at the office supplier. Similarly, a pen?on applying of the dealer reporting until further for registration as a primary supplier oil was placed, he must, instead of com­ plying with paragraph (a) (2), sur­ notice by amendment of this order. pursuant to § 1394.5700 (a) (4) must ap­ ply for registration as a dealer as to each render evidences to his seller in the man­ 13. Section 1394.5714 is added as fol­ of his places (with respect to which he ner specified in this Order.) lows: is not currently registered as a dealer or (2) He must within fifteen (15) days after each such receipt of fuel oil for­ § 1394.5714 When the Washington primary supplier) within the limitation Office may require a person to register ward to the Control and Audit Section, area at which he engages in the business as a primary supplier, (a) A consumer of buying and selling fuel oil. Fuel Oil Rationing Branch, Office of Price. Administration, Washington 25, specified in § 1394.5669, or a dealer speci­ (4) Separate application for registra­ D. C. fied in Section 1394.5713, may be required tion as a primary supplier must be made (i) A statement on OPA Form R-1119C by written notice from the Fuel Oil Ra­ with respect to the operations specified giving the required information; and tioning Branch, Washington Office, to in § 1394.5700 (a) (4). (ii) I f he is a depositor, his" ration register as a primary supplier if, based (5) If he is registered as a dealer with check, payable to the Office of Price Ad­ upon the frequency and quantity of his acquisitions of the fuel oil which he must respect to the place of business or opera­ ministration, equal in gallonage value to tion as to which he is applying for reg­ report pursuant to either of these sec­ the amount of fuel oil so received from tions, it deems such registration necessary istration as a primary supplier, he must without the limitation area. I f he is not for more effective rationing control of the comply with § 1394.5742. a depositor, he must obtain from his fuel oil so acquired. (6) An applicant (other than one re­ Board a ration check in exchange for (b) A person who is directed to apply quired to register as a primary supplier coupons equal in gallonage value to the for registration pursuant to paragraph pursuant to § 1394.5700 (a) (4 )) may amount of fuel oil so received and must (a) of this section must, within the time include in his application the fuel oil endorse and forward that check with his stated in the notice, apply for registra­ storage facilities of any person who re- statement. tion in the manner specified in fi 1394.- No. 155------3 9672 FEDERAL REGISTER, Saturday, August 4, 1945

5701 (a) and must include in his appli- m submit a certified ration check for the trict or regional office or the Washing­ cation the location of all facilities where required amount because prior to August ton Office of the Office of Price Admin­ he receives fuel oil as to which he is re­ 7, 1945 he surrendered to the District istration. However, a primary supplier quired to report pursuant to § 1394.5669 Office with his semi-annual reports on whose primary supplier registration in­ or § 1394.5713.. OPA Form R-1198, as excess evidence, cludes no regular place of business main­ valid ration evidences for the fuel oil tained by him within the limitation area 14. Section 1394.5715 is added as fol­ received by him directly from without shall, with respect to that registration, lows: the limitation area, he must submit with be accountable as a primary supplier for § 1394.5715 Cancellation of registra­ the statement specified in paragraph (a) all fuel oil transferred to consumers tion as a primary supplier by the Wash­ (1) of this section a copy of each of his within the limitation area, for all fuel ington Office, (a) If the infrequency and OPA Form R-1198 reports showing, for oil acquired by him within the limita­ quantity of the fuel oil acquisitions di­ that establishment, excess evidences tion area, and for all ration evidences rectly from without the limitation area which he attributed to the receipt of fuel received or transferred by him for such of any person currently registered as a oil directly from without the limitation fuel oil and shall explain such acquisi­ primary supplier (other than a person area and of the explanations accompany­ tions, receipts and transfers upon re­ specified in § 1394.5700 (a) (1), (2), (3) ing the reports. To the extent that any quest of a duly authorized employee, or (4) ) are such that the Fuel Oil Ration­ of the excess evidences surrendered with agent or representative pf a district or ing Branch, Washington Office, deems a those reports were stated in the explana­ regional office or the Washington Office continuation of such registration un­ tions to be (and were) attributable to the of the Office of Price Administration. necessary for effective rationing control acquisition or transfer of the fuel oil 18. Section 1394.5732 (e) is amended of the fuel oil so acquired, it may notify received by him directly from without to read as follows: him that effective on a date specified in the limitation area, he shall be entitled that notice his registration as a primary for that place to a deduction from the (e) Other records. Further record keeping requirements to be observed by supplier will be cancelled. amount of the ration check required to dealers, primary suppliers and other per-5* (b) A person whose registration has be surrendered with his statement pur­ sons required to report pursuant to been cancelled pursuant to the provi­ suant to paragraph (a) (2) of this sec­ §§ 1394.5669 and 1394.5736 are set forth sions of paragraph (a) of this section tion. in §§ 1394.5654 (a) (1) (notice to con­ must apply for registration as a dealer (ii) If he is unable to submit a check sumers of value of unexpired coupons), pursuant to § 1394.5701 (b) as to each for the required amount because of any 1394.5654 (d) (6) (i) (receipts for de­ of the establishments included in the reason, other than that specified in para­ posited coupon sheets), 1394.5669 (e) cancelled registration at or from which graph (a) (2) of this section, he must submit with the statement specified in (consumers receiving fuel oil from with­ he engages in the business of buying out the limitation area), 1394.5687 (d) and selling fuel pil before making or paragraph (a) (1) a written explanation (entries on check stub), 1394.5701 (d) accepting a transfer of fuel oil at or giving such reason. To the extent that (5) (additional records to be kept by from such establishments on or after the' explanation is not accepted, he must dealers who commingle fuel oil), 1394.- the date specified in the notice. submit a ration check within the time specified by the Control and Audit Sec­ 5704 (c) (certificate of registration), 15. Section 1394.5716 is added to read tion. 1394.5713 (c) (dealers acquiring fuel oil, as follows: (b) The provisions of paragraph (a) or causing fuel oil to be delivered, from § 1394.5716 Certain persons who re­ do not apply'to a person who has in­ without the limitation area), 1394.5716 ceived fuel oil directly from without the cluded all his receipts of fuel oil directly (d) (reports required of certain persons limitation area before August 7, 1945 from without the limitation area, during who received fuel oil from without the may be required to report, (a) The the period specified in that paragraph, in limitation area), 1394.5721 (use of gummed sheet), 1394.5722 (summary of Control and Audit Section, Fuel Oil Ra­ one or more reports submitted by him tioning Branch, Washington Office, may, pursuant to § 1394.5731. coupons), 1394.5736 (records to be kept by persons shipping fuel oil into the lim­ by written notice, direct any person (c) The Control and Audit Section may itation area), 1394.5742 (b) (3) (records (other than one referred to in para­ deem the requirements of § 1394.5731 to to be kept by dealers applying for regis­ graph (b) ) who, within the limitation hâve been met by any person referred tration as primary suppliers) and section area, received one or more deliveries of to in paragraph (a) for the period 6.4 of Revised Gen. Ration Order 3A fuel oil directly from without the limita­ specified in that paragraph if he com­ (retention of checks, stubs, deposit slips tion area during the period October 1, plies with the requirements of ‘this and statements of account-ration bank­ 1942 (in Area A, February 1; 1943; in section. Area B, March 14, 1943) through Au­ (d) All records on the basis of which ing). gust 7, 1945, to submit, and each person the statement specified in paragraph 19. Section 1394.5737 (a) is amended so notified must submit, to the Control (a) (1) is prepared shall be retained by adding before the last sentence of the and Audit Section, Fuel Oil Rationing by the person submitting the statement paragraph the following parenthetical Branch, Office of Price Administration, until further notice by amendment of sentences: “ (If pursuant to § 1394.5713, Washington 25, D. C., by the date speci­ this order. he is required to forward evidences to the fied in the notice, the following: (e) Nothing contained in this section Control and Audit Section, Fuel Oil Ra­ (1) A statement on OPA Form and no act performed in accordance tioning Branch, Washington Office, he R-1119C, giving the required informa­ therewith shall constitute a waiver of shall not include those evidences in his tion. any of the other provisions or require­ statement on OPA Form R-1198 (Re­ (2) His ration check, for each of his ments of this order. vised) . However, he must forward those places included in the statement on OPA 16. The undesignated center headnote evidences within the time and in the Form R-1119C, in an amount equal to preceding § 1394.5731 is relocated to pre­ manner specified in § 1394.5713.)” the total gallonage of all the fuel oil cede § 1394.5730 and is amended to re$,d 20. Section 1394.5742 is amended to delivered to such place, or for its ac­ as follows: “ Same; Accountability; Rec­ read as follows: count, directly from without the limita­ ords, Audits and Inspections.” § 1394.5742 Additional * requirements tion area from October 1, 1942 (in Area 17. Section 1394.5730 is added as where dealer applies for primary supplier A, from February 1, 1943; in Area B, follows: registration, (a) A dealer who pur­ from March 14, 1943) until (but not in­ § 1394.5730 Accountability of primary suant to § 1394.5701 (a) applies for regis­ cluding) August 7, 1945. If he is not a suppliers. A primary supplier shall be tration as a primary supplier must, with depositor, he must obtain from his Board accountable as a primary supplier for all his application, submit to the Board his a ration check for the required amount, fuel oil and ration evidences acquired certificate pf registration for each dealer in exchange for valid coupons or other at or transferred from all establishments establishment included in his application valid ration evidences equal in gallon- for registration as a primary supplier. age value to the amount of the check, within the limitation area included in his and must endorse and submit the check primary supplier registration and shall Within fifteen (15) days after making with his statement. explain such acquisitions and transfers such application he shall forward to the (i) If he is a registered dealer, and upon request of a duly authorized em­ Control and Audit Section, Fuel Oil Ra­ claims that as to any place he is unable to ployee, agent or representative of a dis­ tioning Branch, Office of Price Adminis- FEDERAL REGISTER, Saturday, August 4, 1945 9673 tration, Washington 25, D. C. a state­ P art 1407—R ationing of F ood and F ood Issued this 3d day of August 1945. ment on OPA Form R-1198 (Revised) P roducts James G. R ogers, Jr., giving all the information (except Item { Control Order 1, Arndt. 2 to Supp. 1] 6) required by the form as of the date of Acting Administrator. the application. If more than one place LIVESTOCK SLAUGHTER AND MEAT [F. R. Doc. 45-14303; Filed, Aug. 3, 1945; of business with respect to which he is DISTRIBUTION 11:36 a. m.] separately registered as a dealer is in­ Table I in Supplement No. 1 to Control cluded in the application, he must submit Order 1 is amended by adding thereto a separate statement for each such place the following: of business. If, pursuant to Section (c) For quota periods beginning on P art 1407—R ationing of F ood and F ood 1394.5713 he is required to forward evi­ or after August 1, 1945: dences to the Control and Audit Section, Percent P roducts he shall not include those evidences in C attle______loo « [2d Rev. RO 3,1 Arndt. 30] his statement, on OPA Form R^1198 Calves______;______* 75 (Revised). However, even though he Sheep and lambs______no SUGAR has registered as a primary supplier he Swine______50 A rationale accompanying this amend­ must comply with Section 1394.5713 with This amendment shall become effec­ ment has been issued simultaneously^ respect to all deliveries of fuel oil made tive as of August 1, 1945, herewith and has been filed with the Divi­ to him or for his account, in the manner Issued this 3d day of August 1945. sion of the Federal Register. specified in that section, prior to the Section 16.2 (c) is amended to read date he registered as a primary supplier. C hester B o w les, as follows: Administrator. (b) (1) On his first monthly primary (c) A registering unit may exchange supplier report (on OPA Form R-1119 IF. R. Doc. 45-14300; Filed, Aug. 3, 1945; such statement for a check at its board. (Revised)) required by § 1394.5731, he 11:34 a. m.] It must attach to the statement a signed must show on Line 1 the inventory on receipt, invoice, bill of lading, or such hand as reported on Line 2 of his OPA other evidence as substantiates the de­ Form R-1198 (Revised) submitted pur­ P art 1407—R ationing of F ood and F ood livery of the sugar. If the board is sat­ suant to paragraph (a) of this section. isfied that the sugar was delivered for If more than one place of business was P roducts [Control Order 1 , Arndt. 2 to Supp. 2] ships’ or planes’ stores it shall issue a included in the application, the gallon- check to the registering unit equal in age to be entered on Line 1 will be the LIVESTOCK SLAUGHTER AND MEAT DISTRIBU­ weight value to the amount so delivered. aggregate of the amount shown on Line TION However, if the sugar was delivered to 2 of the OPA Form R-1198 (Revised) Section 1407.309 (a) (1) (iii) in Sup­ a ship operating under the control, di­ submitted for each establishment. plement No. 2 to Control Order 1 is added rection, or designation of the War Ship­ (2) He must, in addition, enter on that to read as follows: ping Administration, the registering first monthly report as Line 14A (im­ (iii) For quota periods beginning on or unit may not exchange such statement mediately above Line 15 in Section II ) for* a check at the board; but may in­ the following: “ 14A Unfilled storage ca­ after August 1, 1945: Per cent stead, exchange such statement for a pacity plus excess evidences from R - check at an appropriate office of the War 1198” and the gallonage as follows: Cattle______ico Calves______75 Shipping Administration. (i) I f not more than one place of busi­ Sheep and lambs___..______,______n o ness was included in the application, the Swine______This50 amendment shall become effec­ amount of the unfilled storage capacity tive August 3, 1945. This amendment shall become effec­ shown on the OPA Form R-1198 (Re­ Issued this 3d day of August 1945. vised) submitted with the application, tive as of August 1,1945. plus the full amount of excess evidences Issued this 3d day of August 1945. James G. R ogers, Jr., (if any) shown on Line 5 of that state­ Acting Administrator. Chester B o w les, ment: [F. R. Doc. 45-14305; Filed, Aug. 3, 1945; (ii) If more than one place of business Administrator. 11:34 a. m.] was included in the application, the ag­ [F. R. Doc. 45-14301; Filed, Aug. 3, 1945; gregate of the amount of the unfilled 11:34 a. m.] storage capacity as shown on each OPA Form R^1198 (Revised) submitted with the application, plus the total amount of P art 1407—R ationing of Food and F ood the excess evidences, if any, (without P art 1407— R ationing of F ood and F ood P roducts deducting from such total any shortage) P roducts [2d Rev. RO 3,1 Amdt. 31] showft on Line 5 of each such statement. [Gen. RO 5,1 Arndt. 112] (3) The applicant must retain at the SUGAR place of business until further notice by FOOD RATIONING FOR INSTITUTIONAL USERS A rationale accompanying this amendment of this order the work sheets A rationale accompanying this amend­ amendment, issued simultaneously here­ used in the preparation of the statement ment, issued simultaneously herewith, with, has been filed with the Division on OPA Form R-1198 (Revised) sub­ has been filed with the Division of the of the Federal Register. Federal Register. mitted pursuant to paragraph (a) of this Section 5.16 is amended to read as section. Section 15.7 (a) is amended by delet­ follows: ing the first sentence''and inserting the, This amendment shall become effective following in place thereof: “An institu- * S ec. 5.16 Certain registering units on August 7, 1945. tional user, other than a group I, V, VI, must make a semi-annual report of in­ user, beginning June 10, 1945, may not ventory. (a) The ‘owner of a register­ N ote : All reporting and record keeping re­ acquire “canned milk” as defined in sec­ ing unit which includes or is composed of quirements of this amendment to Revised tion 27.2 of Revised Ration Order 16, one or more wholesale establishments, or Ration Order 11 have been approved by the except as provided for in section 10.11, four or more retail establishments, must Bureau of the Budget in accordance with the file, semi-annually, with the Board with provisions of the Federal Reports Act of unless he is an institutional user entitled 1942. to allotments under sections 7.9 or 31.1, which he is registered, a signed report on or he is applying for a special allotment OPA Form R-346, in duplicate, as of the Issued this 3d day of August 1945. under section 27.2.” close of business on June 30 and Decem­ ber 31, respectively, and give the infor- James G. R ogers, Jr., This amendment shall become effec­ Acting Administrator. tive August 7,1945. *9 F.R. 1433, 1534, 2233, 2826, 2828, 3031, IF. R. Doc. 45-14308; Filed, Aug. 3, 1945; 3513, 3579, 3847, 3944, 4099, 4350, 4474, 4880, 11;35 a. in.] 110 F.R. 2521, 2875, 3223, 3549, 3550. 6220, 5254, 5220, 5166, 5426, 5346. 9674 FEDERAL REGISTER, Saturday, August 4, 1945

mation required by the form. However, Regulation No. 297 is corrected to read A. I hereby find that: the first report must be as of the close of as follows: (1) The following producer prices for natural condition raisins are above the business on August 31, 1945. The report 1. Table I of Appendix A (a) (1) , of inventory required under this section § 1423.14, is amended by changing the legal minimum amounts required to be must be filed within 30 days after the prices under the heading “Congo”, and reflected in maximum prices for proc­ date of inventory. adding a new heading “Momboyo”, as essed commodities by section 3 of the Stabilization Act of 1942, as amended, This amendment shall become effec­ follows: and are necessary to insure the maxi­ tive August 7, 1945. This correction shall be effective as of mum necessary production of raisins in N ote: All reporting and record-keeping re­ August 2, 1945. 1945 to meet essential requirements: quirements of this amendment have been approved by the Bureau of the Budget in Issued this 2d day of August 1945. Producer prices accordance with the Federal Reports Act of Types for 1945 C h ester B o w l e s , 1942. Sultana, Natural 1______$190.00 Administrator. Thompson Seedless: Issued this 3d day of August 1945. N atu ral______— ______190.00 [F. R. Doc. 45-14241; Filed, Aug. 2, 1945; Golden Bleached: Jam es G . R ogers, Jr., 3:50 p. m.] Choice______230.00 Acting Administrator. Extra Choice______240. 00 Fancy______250. 00 [F. R. Doc. 45-14306; Filed, Aug. 3, 1945; Soda Bleached (choice)______210. 00 11:35 a. m.] P art 1425—L um b er D istribution Sulphur Bleached (fancy)______240.00 [RMPR 467,1 Amdt. 2] N atu ral______205.00 Valencia______257.00 DISTRIBUTION YARD SALES OF HARDWOOD Cluster______220.00 P art 1407—R a t io n in g of P ood and F ood LUMBER IN KENTUCKY Zante Currants______250. 00 P roducts A statement of the considerations in­ [Rev. RO 13,1 Amdt. 66 to 2d Rev. Supp. 1] (2) Maximum prices on sales of na­ volved in the issuance of this amend­ tural condition raisins by producers to PROCESSED FOODS ment, issued simultaneously herewith, processors are not now necessary to pro­ § 1407.1102 (c) (22) is added to read has been filed with the Division of the mote the national defense. as follows: Federal Register. (3) Maximum prices on sales of Cali­ Revised Maximum Price Regulation fornia grapes for table use and for home (22) For the reporting period begin­ #467 is amended in the following re­ crushing at levels based upon $57.10 per ning September 2, 1945 and ending Sep­ spects : ton packing house door basis with a tember 29, 1945—4.5 Section 4 (C ), Table 1, is amended to cushion not exceeding $18.00 per ton are This amendment shall become effective read as follows on sales of lumber from necessary to promote the national de­ August 7, 1945. yards in Kentucky. fense. (4) Maximum prices on sales of wine, Issued this 3d day of August 1945. Species MPR Basing point brandy, and other alcoholic products J ames G . R ogers, Jr., produced from California grapes should Acting Administrator. 1. Beech...... 146...... Kenova, W. Va. be revised to the extent necessary to re­ 2. Hickory______155-SC..... Bowling Green, flect a return to producers of the 1945 [F. R. Ooc. 45-14309; Filed, Aug. 3, 1945; Ky. 3. Hard maple...... 155-NO___ Louisville, Ky. crop of such grapes, in line, as nearly as 11:36 a. m.] 4. Soft mapio______155-NC___ Do. practicable, with the return to be realized 5. Red and white oak 155-NC...- Do. and mixed hard­ by raisin producers under the prices spec­ wood No. 1 and ified in paragraph A (1) hereof but in no P art 1407— R a t io n in g o f F ood and F ood No. 2 dimension. event in excess of $60.00 per ton, and that 6. Yellow poplar...... 155-NC.... Do. P roducts such revision will promote the national [Rev. RO 16,2 Amdt. 60] defense. This amendment shall become effective (5) The maintenance of approxi­ MEATS, FATS, FISH AND CHEESES August 8,1945. mately the present average level of maxi­ A rationale accompanying this amend­ Issued this 3d day of August 1945. mum prices on sales of processed raisins to purchasers other than government ment, issued simultaneously herewith, J ames F. B r o w n l e e . has been filed with the Division of the Acting Administrator. procurement agencies, and other than Federal Register. for export, through the use of funds of Section 7.19 (a) is amended by delet­ [F. R. Doc. 45-14312; Filed, Aug. 3, 1945; Commodity Credit Corporation will ef­ ing the first sentence and inserting the 11:37 a. m.] fectuate the purposes of the hold-the- following sentence in place thereof: “An line policy; and industrial user beginning June 10, 1945 (6) Maximum prices on sales of proc­ may not acquire ‘canned milk’ as defined Chapter X VIII—Office of Economic essed raisins by processors for shipment in section 27.1 except as provided for in Stabilization to destinations or ports within Territories section 10.11.” [Directive 72] and Possessions of the United States at This amendment shall become effective P art 4003— S u p p o r t P r ic e s, S u b s id ie s the same level as that applicable to sales by processors to purchasers other than August 7, 1945. CALIFORNIA RAISIN AND GRAPE PROGRAM Issued this 3d day of August 1945. 1945-46 MARKETING SEASON government procurement agencies and other than for export to destinations and J ames G . R ogers, Jr., The War Food Administrator in a ports outside Territories and Possessions Acting Administrator. ’ letter dated May 12, 1945, and the Price of the United States, through the use [F. R. Doc. 45-14310; Filed, Aug. 3, 1945; Administrator in a letter dated May 18, of funds of Commodity Credit Corpora­ 11:36 a. m.] 1945, submitted certain information and their recommendations to me relative to tion will promote the national defense. a California raisin and grape program B. The Office of Price Administration for the 1945-46 marketing season. In is authorized and directed to: P art 1423— G u m s and N atural R e s in s approving a program along the general (1) Revoke present maximum prices [MPR 297,j0orr. to Amdt. 4] lines recommended, I find it necessary to governing sales of natural condition issue this directive to effectuate the pur­ raisins by producers to processors. NATURAL RESINS poses of the Emergency Price Control (2) Establish maximum prices govern­ The introductory sentence in item 1 Act of 1942, as amended, the Stabiliza­ ing sales of California grapes for table of Amendment No. 4 to Maximum Price tion Act of 1942, as amended,'and Exec­ use and for home crushing at levels based utive Orders Nos. 9250 and 9328. upon $57.10 per ton packing house door ‘ 10 F.R. 48, 776, 924. basis with a cushion not exceeding $18.00 210 F.R. 2521, 2875, 3223, 3549, 3556. 19 F.R. 14827. per ton. FEDERAL REGISTER, Saturday, August 4, 1945 9675

(3) Revise present maximum prices on Chapter XX—Office of Contract (4) The phrase “ other war production sales of wine, brandy, and other alcoholic Settlement contracts” , as used in subparagraphs products produced from California (1), (2), and (3) of this paragraph, re­ [Reg. 14, Amdt. 2] grapes to the extent necessary to reflect fers only to such war production con­ a return to producers of the 1945 crop P art 8004—T erm ination C ost tracts as were in existence at the time of such grapes, in line, as nearly as M emorandums the special tooling was acquired or the practicable, with the return to be real­ costs of engineering and development or FIXED-PRICE SUPPLY CONTRACTS ized by raisin producers under the prices preparatory work were incurred; or such specified in paragraph A (1) hereof, but Part 8014 (10 F.R. 2312 and 3925) is contracts as were at that time so certain in no event to exceed $60.00 per ton. redesignated as Part 8004 and §§ 8014.1 to be entered into that the costs of this (4) Revise present maximum prices through 8014.9 are redesignated as character could reasonably have been governing processors’ sales of processed §§ 8004.1 through 8004.9. incurred for them, as well as for the ter­ raisins to: Pursuant to section 2 of Regulation minated contract. For purposes of this (a) Government procurement agen­ No. 14 of this Office, Regulation No. 14 section, time of acquisition means the cies, and to purchasers for export to des­ is hereby amended to incorporate Termi­ date an order was placed or the date of tinations or ports outside Territories and nation Cost Memorandums Nos. 10 authorization of work or construction by Possessions of the Ûnited States, on the through 15 which are hereby issued as the contractor. basis of the cost and profit study relative a part of such regulation. , (c) Interpretations. (1) The basis for to processors’ margins now being made § 8004.10 Engineering and develop­ the inclusion of costs of engineering and by Office of Price Administration so development, special tooling, and pre­ as to reflect the producer prices speci­ ment, special tooling, and preparatory expenses— (a) Reference to Statement of paratory work is the amount of such fied in paragraph A (1) hereof; and costs which, if the contract had not been (b) Purchasers other than govern­ Cost Principles. (1) The statement pro­ vides for the inclusion of the costs of terminated, would have been properly ment procurement agencies, and other chargeable to the terminated portion of than for export to destinations or ports engineering and development and of special tooling as follows (subpar. 1 (e) ) : the contract (see subparagraph (3) of outside Territories and Possessions of the this paragraph. In this respect the ac­ United States, on the basis of appro­ Engineering and development and special counting treatment used by the contrac­ priate compensation for any increase in tooling. Costs of engineering and develop­ tor in his books and records is not neces­ ment and of special tooling; Provided, That the legal minimum producer prices for sarily controlling. However, when costs 1945 above the respective legal minimum the contractor protects any interests of the Government by transfer of title or by other of the nature discussed in this section prices for 1944 and subject to such ad­ means deemed appropriate by the Govern­ are included, additional depreciation or justments which the cost and profit study ment. amortization of the same items will be relative to processors’ margins, now excluded. (2) Engineering and development and being made by the Office of Price Admin­ (2) Special tooling and similar items special tooling are included among the istration, may indicate. covered by this section will ordinarily costs subject to limitation under sub- (5) Furnish to the Secretary of Agri­ become obsolete at the termination'of paragraph 1 (i) of the Statement of Cost culture the revised maximum price, the contract and, consequently, their Principles (see § 8004.5). specified in paragraph B (4) hereof, for only residual value will usually be as (3) Although the statement does not use by the Secretary of Agriculture in scrap. If the tooling or other items are refer in specific terms to preparatory determining the appropriate rate of retained by the contractor or sold to a expense?, their recognition is inherent in subsidy payment. third party, their retention value or the C. The Department of Agriculture is the general statement of costs included therein. proceeds of any sale should be treated authorized and directed to subsidize as a disposal credit in the contractor’s (b) Definitions. (1) The term “engi­ processors’ sales of processed raisins settlement proposal and not as a reduc­ neering and development” , as used (other than Cluster Muscats and Zante tion of the cost of the special items sub­ herein, refers to the design of the prod­ Currants) to purchasers other than gov­ ject to amortization. Where the rate uct, the detailed engineering specifica- ernment procurement agencies and other of amortization takes into account the than for export to destinations or ports continuing war production contracts for outside Territories and Possessions of the which the costs were incurred, the dis­ United States, through use of funds of layout, and related functions performed posal credit should not include the value Commodity Credit Corporation, so as to specially for the contract, or the contract of the tooling or other items to the con­ enable such processors to pay the pro­ and other war production contracts. tractor for use on such other work but ducer prices specified in paragraph A (1) (2) The term “ special tooling” in­ only their ultimate disposal value. How­ hereof and to sell such processed raisins cludes jigs, dies, fixtures, moulds, gauges, ever, where the disposal value consists and other similar equipment acquired “or at applicable maximum prices to be es­ only of scrap and it has been the con­ produced by the war contractor spe­ tablished by the Office of Price Admin­ tractor’s consistent practice to credit istration pursuant to paragraph B (4) cially for the war contract or for the all tool scrap to overhead, such practice contract and other war production con­ hereof. The appropriate rate of subsidy will be acceptable without applying the tracts. The term does not relate to shall be determined by the Department scrap value as a disposal credit. of Agriculture after completion of the buildings, building, equipment, and ma­ (3) Ordinarily, the unit quantities of chine tools; nor to tools such as cutting cost and profit study relative to proces­ deliveries will be an acceptable basis for sors’ margins which is now being made tools and hand tools which usually lose the allocation of the costs of engineer­ their utility through wear and tear by the Office of Price Administration and ing and development, special tooling, rather than through obsolescence. the maximum prices based upon such and preparatory work (i) to the termi­ (3) The term “ preparatory expenses” nated contract where more than one study have been issued by the Office of refers to expenses incurred in preparing Price Administration. contract is involved and (ii) between to operate specially under the contract, the completed and terminated portions (E.O. 9250 and E.O. 9328, 3 CFR Cum, or the contract and other war production of the contract. However, if the con­ Supp. pp. 1213, 1267) contracts. It includes the reasonable tract or contracts include products of a costs of plant rearrangement and altera­ diverse nature, some other equitable Issued and effective this first day of tions, organization, planning, and sim­ August, 1945. \ basis may be used, such as machine or ilar activities carried on specially for the labor hours. contract, or the contract and other war T h o m as I. E m erso n, (4) Particular care should be taken Acting Economic production contracts. It does not in­ to determine that tooling and other costs Stabilization Director. clude special facilities or initial costs, are special as defined herein. The bid which are the subjects of other cost proposal or other records relating to the [P. R. Doc. 45-14355; Piled, Aug. 3, 1945; memorandums (see §§ 8004.7 a n d negotiation or performance of the con­ 11:50 a. m.] 8004.9). tract, which may indicate whether the 9676 FEDERAL REGISTER, Saturday, August 4, 1945

costs were contempleted by the parties, ing is instituted for the purpose of ob­ vides for reimbursement of the costs are important, but not necessarily con­ taining payment in excess of the amount thereof as follows: trolling, evidence that the tooling or the Government has determined to be Contractor’s right to store at his own risk. other property was acquired or the work due. Nothing herein shall be deemed to A war contractor may at any time remove done specially for the contract or for preclude recovery of the reasonable costs from his plant and store on his own prem­ the contract and other war production and expenses of settling termination ises or elsewhere any of the above materials claims of subcontractors related to the at his own risk. The war contractor will contracts. In the absence of such spe­ use reasonable care in the transportation cific evidence, other satisfactory evi­ terminated portion of any war contract. and preservation of material so removed and dence will be required. In no case will (2) The costs of preservation and pro­ stored, and will comply with any directions the contractor’s unsupported assertion tection of termination inventory include or specifications covering removal, preserva­ on this point be considered sufficient, the necessary greasing, packing, and any tion, transportation and storage which may and a representation by the contractor other special treatment accorded ter­ be issued by the contracting agency. The at the time the contract was negotiated mination inventory to insure the main­ war contractor is entitled to be reimbursed tenance of its condition as well as the for the reasonable cost of (i) necessary or that it did not need special tooling or appropriate transportation, presfervation, pro­ other items for its performance will in­ cost of special precautions necessary to tection and storage, and (ii) compliance dicate that such acquisition or cost was insure its safety. * Such costs should be with any directions or specifications in con­ not contemplated. distinguished from, storage of termina­ nection therewith issued by the contract­ (5) In most cases it will not be desir­ tion inventory, the cost of which may ing agency. Ordinarily, charges for storage able for the Government to take title to include (i) amounts actually paid or of termination inventory prior to the ex­ special tooling and similar items cov­ payable to outside parties and (ii) a rea­ piration of the plant clearance period will ered by this memorandum. Generally, sonable allocation of the contractor’s not be deemed a reasonable settlement ex­ the contractor should be permitted to re­ own costs. pense. tain the items, and the contracting (c) Interpretations. (1) To the extent (6) Section 5 of Regulation 10 pro­ agency should protect the Government’s practicable, the costs and expenses cov­ vides for the removal and storage of interests : ered by this section should be segregated termination inventory after the 60-day (i) By taking into consideration, in and charged directly to particular ter­ plant clearance period as follows: determining the rate of amortization, minated contracts. However, where di­ Contractor’s right to remove or store at the use of the special tooling or other rect charging is not practicable, any Government expense and risk. If the con­ items on other war production contracts method of allocating these expenses may tracting agency fails to arrange for storage of the contractor; and be used which produces results consist­ by the war contractor or to remove any ter­ mination inventory within 60 days after its (ii) By obtaining a proper disposal ent with the principles set forth in sub- receipt of a satisfactory inventory schedule credit in the settlement agreement, as paragraph (3) of this paragraph. The (or within such longer period as the contrac­ provided by paragraph (c) (2) above; method used may be based on estimates tor may agree)., the contractor may remove and* in the light of past experience and rea­ and store at the Government’s expense and (iii) Where there is a possibility that sonably anticipated future terminations. risk, any or all those materials remaining, the tooling or other items may be needed In the absence of a more appropriate using reasonable care in the transportation for Government purposes within a rea­ basis of allocation, expenses not charged and preservation of materials so removed and directly may be allocated to particular stored. The words “at the Government’s ex­ sonable period, by appropriate arrange­ pense and risk” mean, among other things, ments for the use of such items. terminated contracts by the application that the contractor is not required to insure of a properly computed rate to the § 8004.11 Settlement expenses and such materials. amount of the contractor’s own Costs in­ costs of protection and disposition of cluded in the settlement proposals. (7) In accordance with the foregoing property— (a) Reference to Statement of (2) Settlement expenses and costs of references, the contractor may include Cost Principles. The statement provides protection and disposition of propèrty in its settlement proposal the reasonable for the inclusion of settlement expenses may include a properly allocable portion and necessary costs of transportation, and costs of protection and disposition of the costs, including overhead, of spe­ preservation, and protection of termina­ of property as follows (subpars. 1 (k) cial termination units or departments tion inventory, regardless of whether and (1) ) : and regularly established organizational such costs are incurred prior or subse­ Settlement expenses. Reasonable account­ units. In such cases, it is not necessary quent to the expiration of the 60-day ing, legal, clerical, and other expenses neces­ that the expenses of such units or de­ plant clearance period. sary in connection with the termination and partments be identified with specific con­ (8) Charges for storage of termina­ settlement of the contract and subcontracts tion inventory may ordinarily be in­ and purchase orders thereunder, including tracts, but the services performed must be directly related to termination activ­ cluded only for the time following the expenses incurred for the purpose of obtain­ 60-day plant clearance period. How­ ities. Factory and administrative over­ ing payment from the Government only to ever, if the 60-day period is unreasonable the extent reasonably necessary for the head may be included as a settlement preparation and presentation of settlement expense only to the extent that the in a particular case, the cost of storage proposals and cost evidence in connectipn elements of such overhead are properly of termination inventory prior to the ex­ therewith. allocable to such termination units or piration of such period may be included. Protection and disposition of property. departments. § 8004.12 Depreciation— (a) Refer­ Storage, transportation and other costs in­ ence to Statement of Cost Principles. curred for the protection of property ac­ (3) Whatever method is used to allo­ quired or produced for the contract or in cate settlement and property expenses, The statement provides for the inclusion connection with the disposition of such prop­ the cumulative amount included for of depreciation as follows (subpar. 1 erty. these expenses in all termination settle­ _(c)): ments to date should not exceed the cu­ Depreciation. An allowance for deprecia­ (b) Definitions. (1) The costs and mulative total of such expenses actually tion at appropriate rates on buildings, ma­ expenses covered by subparagraphs 1 (k) incurred, and the total amount included chinery, and equipment, and other facilities and (1) of the Statement of Cost Prin­ in any single termination settlement pro­ including such amounts for obsolescence due ciples include such items as are incident to progress in the arts and other factors as posal should not exceed an amount rea­ to effecting terminations, termination are ordinarily given consideration in deter­ sonably necessary to settle the contract mining depreciation rates. Depreciation as settlements, and the protection and dis­ in question. position of property acquired or pro­ defined herein shall not include loss of use­ (4) The cost of microfilming or pre­ ful value of the type covered by subpara­ duced for the contract and qn hand at serving records of a war contractor will graph (4 . the date of termination. They do not in­ ordinarily be classified as general and clude: (i) the costs of idle equipment, fa­ (b) Definition. The term “deprecia­ administrative expense and should not cilities, and personnel and (ii) account­ tion” is used herein in the usual com­ ing, legal, clerical, and other costs and be included as a direct settlement ex­ mercial accounting sense to denote that expenses incurred in any appeal, either pense in a termination settlement. part of the cost of a fixed asset which is within a contracting agency or to the (5) Regulation No. 10 of this Office charged to a particular period on the Appeal Board of the Office of Contract relates to the clearance of termination basis of distributing its cost over its. esti­ Settlement, or in any arbitration, media­ inventory from plants of war contrac­ mated useful life. It should be distin­ tion or suit in court, where such proceed­ tors. Section 4 of that regulation pro­ guished from amortization of special FEDERAL REGISTER, Saturday, August 4, 1945 9677 tooling and loss of useful value of special (c) Interpretations. (1) Where ad­ on projects of a basic and general nature facilities, which are separately provided vertising expense represents a nominal and in the development of new products for in subparagraphs 1 (e) and (f) of amount in relation to the operations and and processes, as distinguished from the Statement of Cost Principles (see other expenses of the contractor, the en­ process engineering, tool development §§8004,9 and 8004.10), as well as from tire amount may be classified with gen­ and similar activities related to particu­ amortization of emergency facilities un­ eral, administrative, and distribution ex­ lar contracts. The term does not refer der section 124 of the Internal Revenue penses and allocated to the terminated to routine shop experiments in produc­ Code. contract in accordance with § 8004.2. tion methods and similar activities (c) Interpretations. (1) To be in­ Otherwise, it should be treated in accord­ which are usually classified with factory cludible as a cost of a terminated con­ ance with the principles set forth below. overhead. tract, depreciation must have accrued (2) The amount of advertising ex­ (c) Interpretations. (1) If income during the performance of the contract pense properly allocable to Government from royalties or from the sale of patents and be chargeable to the work done sales should be measured by its consist­ or rights is derived from general experi­ thereunder in accordance with accepted ency with the contractor’s prewar pro­ mental and research programs carried methods of accounting allocation. Any gram unless such program does not pro­ on currently or in the past, such income recognized method of computing depre­ vide an adequate basis for comparison, should be deducted from the amount of ciation may be used and where the con­ as in the case of newly organized com­ general experimental and research ex­ tractor has consistently employed a rec­ panies. Where the consistency basis is pense to be allocated to the terminated ognized method, it will be expected to not applicable, the reasonableness of the contract. continue to use such method. Depreci­ amount of advertising expense to be in­ (2) Where general experimental .and ation shall be includible only in respect cluded in the settlement proposal will be research expense represents a nominal of facilities owned by the contractor. determined in the light of the circum­ amount ifi relation to the operations and (2) Depreciation should ordinarily be stances of each case. other expenses of the contractor, the en­ computed at the rates customarily used (3) Where the allowable advertising tire amount may be classified with gen­ by the contractor, which may reflect ac­ expense is determined by reference to a eral, administrative and distribution ex­ celerated depreciation if the contractor prewar program, consideration may be penses and allocated to the terminated can demonstrate the reasonableness of given to the following factors: contract in accordance with § 8004.2. such accelerated rates in the light of un­ (1) The period used to measure the Otherwise, it should be treated in ac­ usually intensive or abnormal use of the prewar program may represent the four cordance with the principles set forth related assets. The depreciation rates calendar years 1936 to 1939, inclusive, below. used by the contractor for Federal in­ or the most nearly equivalent fiscal years. (3) The amount of general experi­ come tax purposes will ordinarily be ac­ If the contractor was not in business dur­ mental . and research expense properly ceptable, although they are not con­ ing this entire period any representative allocable to Government sales should be trolling. period during which it was in business measured by its consistency with the (3) The fact that a facility is amor­ during such years may be used. contractor’s prewar program unless such tized at a rate of 20 percent per annum (ii) Advertising chargeable to the pe­ program does not provide an adequate pursuant to section 124 of the Internal riod of operation under the contract in basis for comparison, as in the case of Revenue Code is not significant in de­ excess of the average dollar amount for newly organized companies. Where the termining the rate of depreciation to be the prewar period should not be included consistency basis is not applicable, the used for purposes of contract termina­ in the amount to be allocated between amount of general experimental and re­ tion. However, buildings, facilities, and Government contracts and other busi­ search expense to be considered for ap­ tooling not qualifying for the special ness. portionment between Government sales treatment accorded under subparagraphs (iii) The contractor’s non-war busi­ and other work will be limited to such 1 (e) and (f) of the Statement of Cost ness for the period of the contract should expense as is related to war purposes. Principles may in some cases be amor­ first be charged with advertising up to (4) Where the allowable general ex­ tized at higher rates than ordinary de­ the prewar percentage of sales. In other perimental and research expense is deter­ preciation where such assets have a high words, to the extent that the contractor’s mined by reference to a prewar program, rate of obsolescence due to their special prewar business has been maintained, no consideration may be given to the fol­ nature or utility primarily for war pro­ advertising should be charged to Gov­ lowing factors; duction. ernment contracts. (i) The period used to measure the (4) Consistency from year to year in (iv) Advertising should not be charged prewar program may represent the four the method and rates of depreciation "to Government contracts at a rate higher calendar years 1936 to 1939, inclusive, used is a significant factor in determin­ than the prewar percentage of sales. or the most nearly equivalent fiscal years. ing the appropriateness of the charge (v) The amount of advertising ex­ I f the contractor was not in business for depreciation in a particular account­ pense allocated to Government sales in during this entire period, any represent­ ing period. Therefore, any deviation accordance with the principles set forth ative period during which it was in from book depreciation, such as to re­ herein may be allocated to the termi­ business during such years may be used. flect current depreciation on assets fully nated contract on the basis of sales (the (ii) General experimental and re- depreciated on the books, will raise a amount of the termination settlement to serch expense chargeable to the period question as to the propriety of the de­ be treated as a sale), cost of sales, or on of operation under the contract in excess preciation charges as a whole. any other reasonable basis. of the average dollar amount for the prewar period should not be included in § 8004.13 Advertising expense— (a) § 8004.14 General experimental and the amount to be allocated between Gov­ Reference to Statement of Cost Prin­ research expense— (a) Reference to ernment contracts and other business. ciples. (1) The statement provides for Statement of Cost Principles. (1) The (iii) The contractor’s non-war busi­ the inclusion of advertising expense as statement provides for the inclusion of ness for the period of the c6ntract should follows (subpar. 1 (h)): general experimental and research ex­ pense as follows (subpar. 1 (d)): first be charged with the amount of gen­ Advertising. Advertising expense to the eral experimental and research expense extent consistent with a prewar program or Experimental and research expense. Gen­ up to the prewar percentage of sales. In to the extent reasonable under the cir­ eral experimental and research expense to other words, to the extent that the con­ cumstances. the extent consistent with an established tractor’s prewar business has been main­ prewar program, or to the extent related to (2) Advertising expense is included war purposes. tained, no amount of this expense should among the costs subject to limitation be charged to Government contracts. under subparagraph 1 (i) of the State­ (2) Experimental and research ex­ (iv) General experimental and re­ ment of Cost Principles (see § 8004.5). pense is included among the costs sub­ search expense should not be charged to (b) Definition. The term “advertis­ ject to limitation under subparagraph 1 Government contracts at a rate higher ing expense,” as used herein, includes the (i) of the Statement of Cost Principles than the prewar percentage of sales. expense of operating an advertising de­ (see § 8004.5). (v) The amount of the expense allo­ partment within the contractor’s organi­ (b) Definition. The term “ general ex­ cated to Government sales in accordance zation as well as expense incurred in the perimental and research expense” , as with the principles set forth herein may use of advertising media. used herein, refers to expenses incurred be allocated to the terminated contract 9678 FEDERAL REGISTER, Saturday, August 4, 1945 on the basis of sales (the amount of the cated within the continental United adjustment without the submission by termination settlement to be treated as States, its territories and possessions, re­ the owning agency of a Form SPB-1.1 a sale), cost of sales, or on any other rea­ sulting from contractor inventory. Form covering such correction or adjustment, sonable basis. SPB-1.3, Listing Sheet, as - attached the submission of such Form SPB-1.1 § 8004.15 Cash discounts on pur­ hereto, may be used as the detailed listing may be omitted. chases— (a) Reference to Statement of sheet in support of Form SPB-1.2, as a This amendment shall become effec­ Cost Principles. The statement does not substitute for Form SPB-1, “ Continua­ tive August 1, 1945. refer in specific terms to cash discounts tion Sheet”. Forms SPB-1.2 and SPB- 1.3 will be prepared in accordance with N ote: All reporting requirements of this on purchases. part have been approved by the Bureau of (b) Definition. The term “ cash dis­ the instructions attached thereto. the Budget in accordance with the Federal count on purchases”, as used.herein, re­ S ec. 7. The Reconstruction Finance Reports Act of 1942. fers to a reduction in the amount paid Corporation is authorized to correct or Forms printed in the Federal Register are to a vendor for the purchase of any items adjust a declaration previously made on for information only and do not follow the SPB-1.2 and SPB-1.3 by the War De­ exact format prescribed by the issuing included in a termination settlement, agency. solely by reason of the payment therefor partment to conform to the property within a specified period. It should be thereafter delivered to or upon the order S u r plu s P roperty B oard, differentiated from trade discounts, re­ of the Reconstruction Finance Corpora­ By A. E. H o w se, bates, and other allowances, which are tion. When the Reconstruction Finance Administrator. usually treated as a direct deduction Corporation makes such correction or J u l y 31, 1945. from the purchase price of the items to Form SPB-1.2 which they relate. U nited States of A merica Budget Bureau No. 16-R046. (c) Interpretations. (1) Cash dis­ Surplus P roperty B oard Approval expires February 1,1946. counts ori purchases realized by the con­ tractor in respect of items included in D eclaration of Surplus P ersonal P roperty to D isposal 7. Standard commodity 8. Date of report A gency classification group the termination settlement should be re­ code flected as deductions from the contrac­ (In the Continental United States, Its Territories and Possessions) tor’s costs included therein. Where it is 1. To: Name and address of disposal agency Reporting agency No. 10. Total cost—this not the contractor’s usual accounting report practice to deduct cash discounts from the individual purchases to which they apply, such as where the discounts are 2. From: Name and address of reporting agency credited to income, the amount of cash DO NOT FILL IN discounts (estimated, if necessary) may Disposal agency No. be deducted in a single amount from the 8. Custodian: Name and address Department and bureau entire inventory or other cost. (2) Where it is the contractor's usual State practice to credit cash discounts to fac­ District tory overhead or to general and admin­ istrative expenses, such treatment will 4. Location of property City ordinarily be acceptable. Site

J. H arold Stewart, Transaction code Acting Director.

J u l y 26, 1945. 5. Proceeds—If proceeds are “ reim­ 6. Authorized by bursable,” give symbol and title [F. R. Doc. 45-14239; Filed, Aug. 2, 1945; of appropriation of Government 3:33 p. m.] corporation By (Name and title of authorized re­ (Signature of authorized official) porting official) Chapter X X III—Surplus Property Board (Please type) [SPB Reg. 1, Arndt. 1 to Order 3] 11. The above declaration covers the Surplus Personal Property on attached list pages to , inclusive. Authority P art 8301— D esignation of D isposal is granted to the disposal agency to amend this declaration to conform to the quantities listed on shipping doc­ uments at time of receipt of final shipment. Shipping authorization numbers are requested covering the fol­ A gencies and P rocedures for R eport­ lowing car or truck shipments: ing S urplus P roperty L ocated W it h in the C ontinental U nited S tates, I ts 19. Ship­ 12. Documentary requirements 13. Orig­ 14. Esti­ 1(5. Num­ 17. Date 18. Date T erritories and P ossessions 15. Type ping au­ inating mated storage ber of ready for to be thorization FORMS FOR DECLARATION OF SURPLUS carrier weight cars shipment shipped -, No. Order No. 3 (10 F.R. 3771, 4356), issued April 2, 1945, effective May 1, 1945, en­ A. Send warehouse receiving titled “Forms for Declaration of Sur­ report to: plus”, under Surplus Property Board Regulation No. 1 (10 F.R. 3764,4356), en­ B. Send the report of over, titled “Designation of Disposal Agencies short, and damage to: and Procedures for Reporting Surplus Property Located Within the Continental United States, its Territories and Posses­ 20. The above shipments, are to be con­ 22. Shipping instructions issued by: signed as follows: sions” , is hereby amended as follows: Declaration 1. Section 4 is amended by. inserting □ after the words “Forms SPB-1, SPB-1.1,” Request for shipping the following: “SPB-1.2, SPB-1.3,” . 21. Delivering carrier: 23. Date issued: instructions 2. After section 5 there are added the □ following new sections 6 and 7: I nstructions for U se of Form SPB-1.2 ping instructions and for issuing shipping Sec. 6. Form SPB-1.2, Declaration of instructions. Form SPB-1.2 (supported by Surplus Property to Disposal Agency, as GENERAL INSTRUCTIONS detailed listings of property on Form SPB- attached hereto, may be used by the War Form SPB-1.2 is a combined form for dec­ 1.3, or other detailed listings of property Department as a substitute for Form laration of surplus personal property, located meeting the requirements set forth in the SPB-1 in declaring to the Reconstruction in the continental United States, its terri­ third paragraph of General Instructions to Finance Corporation surplus property lo- tories and possessions, for requesting ship- Form SPB-1) may be used as a substitute FEDERAL REGISTER, Saturday, August 4, 1945 9679 for Form SPB-1 as provided in SPB Reg. 1, If any legal restrictions exist (including mit Warehouse Receiving Report and Over, Order 3 and amendments theretq. Form patent restrictions) as to the power of own­ Short & Damage Report. SPB-1.2 and supporting detailed listings will ing agencies to dispose of property reported Blocks 13 through 17—^Owning agency will be filed in such number of copies as may be to a disposal agency as surplus, the report complete in accordance with instructions is­ agreed between the owning agency and the shall include a statement clearly indicating sued by disposal agency. disposal agency. such restrictions. Blocks 18 through 23— Disposal agency will Form SPB-1.2 may be reproduced by the INSTRUCTIONS FOR PREPARATION complete. owning agency provided that the size and Block 24— Owning agency will indicate format are identical with the format pre­ — Follow instructions Blocks 1 through 10 whether the document constitutes a Declara­ scribed by the Board. This form may be set forth in General Instructions to Form tion or a Request for Shipping Instructions reproduced in fanfold and carry the name SPB-1 for blocks 1 through 10 of that Form. of the owning agency imprinted on the form. Block 11— Enter page number of supporting by entering an “x” in the appropriate box; The items of property covered by any one detailed listings. or, if the document is a combined Declara­ declaration shall be confined to property Block 12— Owning agency will designate tion and Request for Shipping Instructions, at a single location. offices to which disposal agency will trans­ by entering an “x” in both boxes.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 81 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 60

Form SPB 1.3 Property Classification Reporting Agency No. Shipping Authorization Page of Pages LISTINO United States of America Budget Bureau No. 16-R047. SHEET Surplus Property Board Approval expires February 1,1946.

Description and type of storage Item Unit No. of Type Pkg. Quantity Quantity Unit Total Quantity of of Declared Shipped Cost Cost No. Std. Comm. Meas. Pkgs. Pkg. No. Received Class. Cond. (1) (2) .(3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 8788 89 90 91 92 93 94 95 96 97 98 99100 I nstructions for U se of Form SPB-1.3 TITLE 37—PATENTS AND tional authority, the legend “License Form SPB-1.3 is a detailed listing sheet to COPYRIGHTS N o .______Commissioner of Patents”, inserting the number of the license. be used in conjunction with Form SPB-1 or Chapter I—Patent Office, Department of Form SPB-1.2 in the declaration of surplus (Pub. Law 239, 77th Cong., approved personal property, located in the continental Commerce Aug. 21, 1941, 55 Stat. 657, 35 U.S.C. 42a) United States, its territories and possessions. [Order 379] [ seal] C asper W . O oms, Form SPB-1.3 may be used as the detailed Commissioner of Patents. listing sheet in support of Form SPB-1.2 as P art 3—L icenses to F ile A pplications provided in SPB Reg. 1, Order 3, and amend­ for P atents i n F oreign C ountries Approved: August 2,1945. ments thereto. Form SPB-1.3 includes cer­ EXTENSION OF LICENSES H. A. W allace, tain columns for use by thi owning* agency A neV section is added reading as Secretary of Commerce. and the disposal agency in connection with follows: shipment and receipt and may be used as a [F. R. Doc. 45-14257; Filed, Aug. 3, 1915; detailed listing in support of shipping and § 3.17 Extension of licenses. When­ 9:34 a. m.] receiving documents. ever a license to file an application in a Form SPB-1.3 may be reproduced by the foreign country has heretofore been ovming agency provided that the size and granted or is hereafter granted by the TITLE 43—PUBLIC LANDS: INTERIOR format are identical with the format pre­ Commissioner of Patents, under the pro­ scribed by the Board. visions of Public Law 239, 77th Congress, Chapter I—General Land Office The instructions applicable to columns Approved August 21, 1941 (55 Stat. 657: Appendix—-Public Land Orders *‘a” through “h ” of Form SPB-1 (as set forth 35 U.S.C. 42a), the licensees, in each case, [Public Land Order 290] in General Instructions to Form SPB-1) will hereby revived, renewed and extended to be followed in preparing columns 1, 2, 3, 4, additionally empower the licensee under A laska 5, 9, 11 and 12, respectively of Form SPB-1.3. authority of said license, to forward all WITHDRAWING PUBLIC LANDS FOR USE OF THE The owning agency will issue instructions for duplicate and formal papers to the WAR DEPARTMENT the preparation of columns 6, 7 and 8 (which foreign country and to make all amend­ are provided for use in connection with ship­ ments necessary for the prosecution of By virtue of the authority vested in the ment by the owning agency); and the dis­ such application, excluding supplements President and pursuant to Executive Or­ posal agency will issue instructions for the and continuances originating in this der No. 9337 of April 24,1943, it is ordered preparation of column 13 (which is provided country which disclose inventions, modi­ as follows: for use in connection with receipt by the fications or variations not disclosed in Subject to valid existing rights, the disposal agency). » the application authorized under the following-described public lands are license. Licensee should apply to the hereby withdrawn from all forms of ap­ [F. R. Doc. 45-14273; Filed, Aug. 3, 1945; envelope in which material is forwarded propriation under the public-land laws, 11:07 a. m.] to the foreign country under this addi­ including the mining and mineral-leas- No. 155------4 9680 FEDERAL REGISTER, Saturday, August 4, 1945

ing laws, and reserved for the use of the 3. The Executive order of November 25, 1910, c. 421, 36 Stat. 847 (U.S.C., title War Department: 23, 1911, creating Power Site Reserve No. 43, sec. 141), and pursuant to Executive Beginning at a point on the west boundary 233, is hereby revoked as to the following Order No. 9337 of April 24, 1943, it is or­ of the area withdrawn for the use of the described lands: dered as follows :- War Department by Executive Order No. 8577, Sixth Principal M eridian, W yom ing Executive Order No. 6361 of October 25, October 29, 1940, from which the south cor­ 1933, withdrawing certain public lands in ner of said tract on line 7-8 U. S. Survey No. T. 48 N„ R. i d W., California for classification and pending 2082, Alaska, bears S. 45°55' E. 100 feet in Sec. 26, S W ^ S W ^ ; approximate latitude 66° 53' N., longitude determination as to the advisability of Sec. 27, SE14NE 14 and NE&SE&; including such lands in a national monu­ 162°38'30'' W. Sec. 35, N W ‘/4NWi/4. From the point of beginning, ment, is hereby revoked so far as it affects N. 45° 55' W., 164 feet, along southwest 4. The Executive order of March 27, the following-described lands: boundary of the previously withdrawn area; 1913, creating Power Site Reserve No. Sa n B ernardino M eridian N. 44°05' E., 198 feet, along northwest 348, is hereby revoked as to the following boundary of said area; described lands: T. 1 S., R. 4 E„ . N. 45°55' W., I l l feet; Secs. 21, 22, and 27; S. 44°05' W „ 182 feet; Sixth P rincipal M eridian, W yom ing - Sec. 31, lots 1, 2, 3, and 4, S E ^ N E ^ , N. 45°55' W., 40 feet; Wy2NEÎ4, Ey2NWy4, and Ey2SE ^; S. 44°05' W., 80 feet; T. 51 N„ R. 104 W., Sec. 32. S. 45°55' E., 40 feet; Sec. 13, lot 26; T. 3 S., R. 6 E., S. 44°05' W., 193.92 feet; Sec. 24, lots 10 and 13. Sec. 6, lots 6 and 7, E ^ -S W ^ , and SE14. S. 45° 55' E., 275 feet; 5. The Executive order of January 24, The areas described aggregate 3,330.55 acres, N. 44°05' E., 257.92 feet, to the place of beginning. 1914, creating Power Site Reserve No. including 2,930.55 acres of public land and 400 acres of non-public land. The tract as described contains 2.20 acres. 413, is hereby revoked as to the follow­ ing described land: This order shall not otherwise become The jurisdiction granted by this order shall cease at the expiration of the six Sixth P rincipal Meridian, W yom ing effective to change the status of these lands until 10:00 a. m. on the 63d day months’ period following the termina­ T. 27 N„ R. 69 W., sec. 27, N W % N W % . from the date on which it is signed. At tion of the unlimited national emergency 6. The Executive order of January 21, declared by Proclamation No. 2487 of that time the lands shall, subject to valid 1914, creating Power Site Reserve No. existing rights and the provisions of ex­ May 27, 1941 (55 Stat. 1647). There­ upon, jurisdiction over the lands hereby 417, is hereby revoked as to the follow­ isting withdrawals, become subject to ing described lands: application, petition, location, or selec­ reserved shall be vested in the Depart­ tion as follows: ment of the Interior, and any other De­ Sixth P rincipal M eridian, W yom ing - (a) For a period of 90 days, commenc­ partment or agency of the Federal Gov­ ernment according to their respective in­ T. 24 N., R. 83 W., sec. 26, SW]4 and Wy2S E ^ . ing on the day and at the hour named above, the public lands affected by this terests then of record. The lands, how­ 7. The Executive order of April 21, order shall be subject to ( i) application ever, shall remain withdrawn from ap­ 1914, creating Power Site Reserve No. propriation as herein provided until under the homestead or the desert land 435, is hereby revoked as to the following laws, or the small tract act of June 1, otherwise ordered. described lands: A be F ortas, 1938 (52 Stat. 609, 43 U.S.C. sec. 682a), Acting Secretary of the Interior. Sixth Principal M eridian, Colorado by qualified veterans of World War II, for whose service recognition is granted Ju l y 25, 1945. T. 10 N., R. 79 W., sec. 7, lot 4. T. 11 N., R. 79 W., sec. 31, lot 3 and N E ^ S W ^ . by the act of September 27,1944 (58 Stat. [F. R. Doc. 45-14251; Filed, Aug. 2, 1945; T. 10 N., R. 80 W., 747, 43 U.S.C. sec. 282), subject to the 4:37 p. m.J Sec. 11, w y zSEi4; requirements of applicable law, and (2) Sec. 14, W ^ N E ^ ; application under any applicable public Sec. 34, SE14NE14. land law, based on prior existing valid [Public Land Order 291] 8. The Executive order of September settlement rights and preference rights W y o m in g an d C olorado 9, 1914, creating Power Site Reserve No. conferred by existing laws or equitable claims subject to allowance and confir­ p o w e r sit e restoration ; par tial revoca­ 445, is hereby revoked as to the follow­ t io n OF EXECUTIVE ORDERS ing described lands: mation. Applications by such veterans shall be subject to claims of the classes Sixth Principal Meridian, W yom ing Power Site Restoration No. 499. Re­ described in subdivision (2). voking in part Executive Orders creating T. 40 N„ R. 106 W., sec. 14, lots 4 and 5. Power Site Reserves Nos. 128, 137, 233, (b) For a period of 20 days immedi­ T. 41 N„ R. 106 W., ately prior to the beginning of such 90- 348, 413, 417, 435, and 445. Sec. 22, S W 14SW 14 and NWy4S E ^ ; By virtue of the authority contained in day period, such veterans and persons Sec. 27, Wy2NWi4; claiming preference rights superior to the act of June 25,1910 (36 Stat. 847), as Sec. 28, E'/aSE^; those of such veterans, may present their amended fev the act of August 24, 1912 Sec. 34, S W 14NE 14, SEV4NW 14, N E 14SW 14, (37 Stat. iV7, 43 U.S.C. secs. 141-143), and N W & S E 14. applications, and all such applications, and pursuant to Executive Order No. together with those presented at 10:00 9337 of April 24, 1943; It is ordered, as The areas described aggregate 1,765.21 acres. a. m. on the first day of the 90-day follows: A be F ortas, period, shall be treated as simultaneously 1. The Executive order of July 2, 1910, Acting Secretary of the Interior. filed. creating Power Site Reserve No. 128, is (c) Commencing at 10:00 a. m. on the hereby revoked as to the following de­ Ju l y 25, 1945. scribed land: 91st day after the lands become subject [F. R. Doc. 45-14252; Filed, Aug. 2, 1945; to application, as hereinabove provided, Sixth Principal M eridian, W yo m ing 4:37 p. m.] any of the lands remaining unappropri­ T. 18 N., R. 120 W., sec. 32, W & N W % . ated shall become subject to such appli­ 2. The Executive order of July 2,1910, cation, petition, location, or selection by the public generally as may be author­ creating Power Site Reserve No. 137, is [Public Land Order 292] hereby revoked as to the following de­ ized by the public land laws. scribed lands: C a lif o r n ia (d) Application by the general public W ind R iver M eridian, W yom ing may be presented during the 20-day REDUCING THE WITHDRAWAL MADE BY EXECU­ period immediately preceding such 91st T. 4 N., R. 6 E., TIVE ORDER NO. 6361 OF OCTOBER 25, Sec. 3, lot 2, SW%NW%-, and WftSW%l 1933 day, and all such applications, together Sec. 4, lot 2; with those presented at 10:00 a. m. on Sec. 9, lots 2, 4, and 5, and SW % N W % ; By virtue of the authority vested in the that day, shall be treated as simultane­ Sec. 16, lots 7 and 8. President by section i of the act of June ously filed. FEDERAL REGISTER, Saturday, August 4, 1945 9681

Veterans shall accompany their appli­ and warranted not to abandon (on any TITLE 49—TRANSPORTATION AND ground other than physical damage to ship cations with certified copies of their cer­ RAILROADS tificates of discharge, or other satisfac­ or cargo) until after condemnation of the property insured. Also warranted not to tory evidence of their military or naval abandon in case of blockade, and free from Chapter I—Interstate Commerce service. Persons asserting preference any claims for loss or expense in conse­ Commission rights, through settlement or otherwise, quence of blockade or of any attempt to evade and those having equitable claims, shall blockade; but in the event of blockade, to [Rev. S. O. 337] accompany their applications by duly be at liberty to proceed to an open port and P art 95—Car S ervice corroborated affidavits in support there end the voyage. thereof, setting forth in detail all facts (b) No claim shall be payable hereunder which arises from collision, contact with any PERMIT REQUIRED FOR SHIPMENTS OF relevant to their claims. fixed or floating object (other than a mine ORANGES AND LEMONS FROM ARIZONA OR Applications for these lands, which or torpedo), stranding, heavy weather or fire CALIFORNIA shall be filed in the District Land Office unless caused directly (and independently at Los Angeles, California, shall be acted of the nature of the voyage or service which At a session of the Interstate Commerce upon in accordance with the regulations the vessel concerned or, in the case of a col­ Commission, Division 3, held at its office contained in § 295.8 of Title 43 of the lision, any other vessel involved therein, is in Washington, D. C., on the 1st day of Code of Federal Regulations (Circular performing) by a hostile act by or against a August, A. D. 1945. 324, May 22,1914, 43 L. D. 254), and Part belligerent power; and for the purpose of this It appearing, that the Secretary of Ag­ paragraph Vpower” includes any authority riculture on October 3,1942, issued Mar­ 296 of that title, to the extent that such maintaining naval, military or air forces in regulations are applicable. Applications association with a power. keting Order No. 66 (7 F.R. 8576), regu­ •under the homestead laws shall be gov­ 3. (c) Capture, seizure, arrest, restraint, lating the handling and shipment of erned by the regulations contained in detainment or condemnation by the Govern­ oranges grown in the States of California Subchapter I of Title 43 of the Code of ment of the United States or by any of its or Arizona/ and on April 10, 1941, issued Federal Regulations and applications Allies. Marketing Order No. 53 (6 F.R. 1833) under the desert land laws and the small 4. This insurance attaches only as the regulating the handling and shipment of tract act of June 1, 1938 shall be gov­ goods are first loaded on lighter, craft or ves­ lemons grown in the States of California sel after leaving the warehouse at point of or Arizona, pursuant to the Agricultural erned by the regulations contained in shipment in transit for the destination parts 232 and 257, respectively, of that named in the Policy, and ceases to attach as Marketing Agreement Act of 1937, as title. the goods are finally landed from the ves­ amended (7 U.S.C. 601 et. seq.) ; And it further appearing, that the A be F ortas, sel, craft or lighter at the final port or place Acting Secretary of the Interior. of discharge. movement of such oranges and lemons This insurance includes transshipment and under permits is necessary to prevent Ju l y 25, 1945. intermediate overland transit, if any. If the congestion of traffic and a shortage of voyage is terminated and the interest in­ [P. R. Doc. 45-14253; Piled, Aug. 2, 1945; equipment; the Commission is of opinion sured is discharged at a port or place other 4:37 p. m.] an emergency requiring immediate action than the intended port of discharge, through circumstances beyond the control of the As­ exists in Arizona and California, in order sured, this insurance shall continue until the to best promote the service in the interest interest insured is sold and delivered at such of the public and the commerce of the TITLE 46—SHIPPING port or place; or if the interest be not sold people: It is ordered, that: but forwarded by water to the port of desti­ (a) Orangés and lemons from Arizona Chapter III—War Shipping Administration nation or to a substituted destination, this and California not to be trasported with­ insurance shall continue until the interest [Gen. Order 6, Rev., Supp. 11] out a permit. No common carrier by is landed at the original or substituted des­ railroad subject to the Interstate Com­ tination. P art 305—I nsurance It is a condition of this insurance that the merce Act shall furnish a car for loading Assured shall act with reasonable dispatch with, or accept for transportation or CARGO INSURANCE in all circumstances within their control. move a car loaded with, oranges or lem­ 5. Subject to any conditions or warranties ons, in carload or less-than-carload Effective as of the date of the publica­ which may be endorsed hereon, it is agreed quantities, from any origin in the States tion of this Supplement in the Federal that this insurance shall not be vitiated by of Arizona or California destined to inter­ Register, Subpart A—Cargo Insurance, deviation, over-carriage, change of voyage, or state or Canadian points, except upon by any error or unintentional omission in the of General Order 6, Revised, is amended presentation by the shipper to the car­ as follows: description of interest, vessel or voyage, pro­ vided the same be communicated to the» War rier of a permit issued by the Director 1. By striking out paragraph (e) from Shipping Administration as soon as known of Marketing Services, U. S. Department § 305.2 Submission of Risks. to the Assured and an additional premium of Agriculture, or his authorized agent, 2. By striking out the following words paid if required. as provided for in Marketing Order No. from § 305.16 Form of Cargo War Risk 8. Notwithstapding anything to the con­ 66 (7 F. R. 8576) or Marketing Order No. Binder: trary contained in this Policy, it is understood 53 (6 F.R. 1833). and agreed that no claim for freight, storage, (b) Effective date. This order shall Standard Optional Endorsement No. I or other expense due to the requisition or (amended) is desired; commandeering of the title or use of any become effective at 12:01 a. m., August 6, Insert (“yes” or “no”) in space □ vessel by or with the consent of the country 1945. whose flag she flies shall be payable under this (c) Expiration date. This order shall 3. By amending Clauses 1, 3 (c ), 4, 5, insurance, provided that if as a result of such expire at 11:59 p. m„ October 14, 1945, and 8 of § 305.22 Form of Facultative requisition or commandeering the insured unless otherwise modified, changed, sus­ Policy to read respectively as follows: cargo is discharged at a port or place other pended, or annulled by order of the Com- 1. (a) This insurance is only against the than the port or place of destination, the / mission (40 Stat. 101, sec. 402, 41 Stat. risks of capture, seizure, destruction or dam­ port or place of discharged shall be deemed a 476, sec. 4, 54 Stat. 901; 49 U.S.C. 1 (10)- age by men of war, piracy, takings at sea, “port or place other than the intended port of discharge” within the meaning of Clause 4 (17)) arrests, restraints and detainments and other It is further ordered, that a copy of warlike operations and acts of kings, princes of this Policy. this order and direction shall be served and peoples in’ prosecution of hostilities or 4. Section 305.24 Standard Optional in the application of sanctions under inter­ upon the Association of American Rail­ national agreements, whether before or after Endorsement No. X V I is hereby revoked. roads, Car Service Division, as agent of declaration of war and whether by a bellig­ (E.O. 9054, 3 CFR Cum. Supp.; 54 Stat. the railroads subscribing to the car serv­ erent or otherwise, including factions en­ 689, as amended) ice and per diem agreement une er the gaged in civil war, revolution, rebellion or E. S. L and, terms of that agreement; and that notice insurrection, or civil strife arising therefrom, and including the risks of aerial bombard­ Administrator. of this order be given to the general pub­ ment, floating or stationary mines and stray A u g ust 2, 1945. lic by depositing a copy in the office of or derelict torpedoes; but excluding claims [F. R. Doc. 45-14358; Filed, Aug. 3, 1945; the Secretary of the Commission at for delay, deterioration and/or loss of market, 11:55 a. m.] Washington, D. C., and by filing it with 9682 FEDERAL REGISTER, Saturday, August 4, 2945 the Director, Division of the Federal Reg­ The hearing in the above-entitled pro­ Dated at Washington, D. C., July 31, ister. ceeding having been adjourned July 27, 1945. 1945, is now assigned for resumption on By the Commission, Division 3. By the Commission. August 13, 1945, at 10:00 a. m. (Eastern [ se al] W. P. B artel, war time) in the Hotel New Yorker, New [SEAL] w T . J. S l o w ie , Secretary. York City, New York. Secretary. [F. R. Doc. 45-14353; Filed, Aug. 3, 1945; Dated: Washington, D. C., August 1, [F. R. Doc. 45-14357; Filed, Aug. 3, 1945; 11:49 a. m.] 1945. 11:53 a. m.] By the Civil Aeronautics Board.

Notices F red A. T o o m b s, Secretary. INTERSTATE COMMERCE COMMIS­ SION. [F. R. Doc. 45-14270; Filed, Aug. 3, 1945; [S .O . 342] DEPARTMENT OF THE INTERIOR. 10:47 a. in.] Solid Fuels Administration for War. U n l o a d in g o f H a y at P o r t la n d , O reg. [SFAW Suspension Order 4, Revocation] At a session of the Interstate Com­ merce Commission, Division 3, held at P h i l i p s -T h o m p s o n C o . FEDERAL COMMUNICATIONS COM­ its office in Washington, D. C., on the 2d MISSION. « SUSPENSION OF OPERATIONS W ITH RESPECT day of August, AfD. 1945. TO ANTHRACITE [Docket No. 6772] It appearing, that car GN 7534, con­ taining hay at Portland, Oregon, on the On June 9, 1945, SFAW Suspension K I D B roadcasting C o . Spokane, Portland and Seattle Railway Order 4 was issued to prohibit Clayton Company, has been on hand for an un­ M. Liddell, a retail dealer in Wilmington, NOTICE OF HEARING reasonable length of time and that the Delaware, doing business as The Philips- In re application of KID Broadcast­ delay in unloading said car is impeding Thompson Co., from distributing the its use; in the opinion of the Commission regulated sizes of anthracite. Subse­ ing Company (K ID ) (assignor), Idaho Radio Corporation (assignee), Idaho an emergency exists requiring immedi­ quently, Mr. Liddell requested and was Falls, Idaho; date filed, April 19, 1945; ate action. It is ordered, that: given permission to demonstrate that, for, voluntary assignment of license; Hay at Portland, Oregon, be unloaded. although he had violated SFAW Regula­ class of service, broadcast; class of sta­ (a) The Spokane, Portland and Seattle tion No. 17, as amended, by delivering Railway Company, its agents or employ­ regulated sizes of anthracite to consum­ tion, broadcast; location, Idaho Falls, Idaho; operating assignment specified; ees, shall unload forthwith car GN 7534, ers during the 1944-45 coal year with­ containing hay on hand at Portland, out first obtaining Consumer Declara­ frequency, 1350 kc; power, 500 w night, 5 kw day; hours of operation, unlimited. Oregon, consigned to Boehi Seed Com­ tions from them, he had not delivered pany, Portland, Oregon. anthracite during the year in amounts You are hereby notified that the Com­ mission has examined the application in (b) Said carrier shall notify the Di­ in excess of those permitted to be deliv­ rector of the Bureau of Service, Inter­ ered by Regulation No. 17. On July the above entitled case and has desig­ nated the matter for hearing for the state Commerce Commission, Washing­ 31, 1945, Liddell submitted information ton, D. C„ when such carload has been indicating that during the 1944-1945 following reasons : 1. To obtain full information with ref­ completely unloaded in compliance with coal year he had distributed anthracite erence to the qualifications of the pro­ the requirements of paragraph (a). équitably among his customers in ac­ Upon receipt of such notice this order cordance- with those provisions of SFWA posed assignee. 2. To obtain full information with ref­ shall expire. (40 Stat. 101, sec. 402, 41 Regulation No. 17, as amended, which Stat. 476, sec. 4, 54 Stat. 901, 911; 49 prescribed the maximum amounts of erence to the identity, citizenship, inter­ ests and qualifications of the officials and U.S.C. 1 (10)—(17), 15 (2 )) anthracite to be delivered. Liddell has It is further, ordered, that this order stated in an affidavit that he will comply stockholders of the proposed assignee. 3. To obtain full information with re­ shall become effective immediately, and during the balance of this coal year with that a copy of this order and direction the provisions of SFAW Regulation No. spect to the arrangements for the pur­ chase of KID by Idaho Radio Corpora- shall be served upon the Spokane, Port­ 26, as amended. land and Seattle Railway Company, and In light of the foregoing, It is ordered, tiqn, including the consideration there­ for, the facilities and properties both upon the Association of American Rail­ That SFAW Suspension Order 4 be, and roads, Car Service Division, as agent of it hereby is, revoked. tangible and intangible being sold. 4. To determine whether in the light of the Railroads subscribing to the car serv­ This order shall become effective im­ the evidence adduced on the foregoing ice and per diem agreement under the mediately. issues, public interest would be served terms of that agreement; and that notice (E.O. 9332, 8 F.R. 5355; E.O. 9125, 7 by granting the instant application. of this order be given to the general pub­ lic by depositing a copy in the office of F.R. 2719; sec. 2 (a ), 54 Stat. 676, as The application involved herein will the Secretary of the Commission, at amended by 55 Stat. 236, 56 Stat. 176 and not be granted by the Commission un­ Washington, D. C., and by filing it with 58 Stat. 827) less the issues listed above are deter­ mined in favor of the applicant on the the Director, Division of the Federal Issued this 2d day of August 1945. basis of a record duly and properly made Register. Ç. J. P o tter , by means of a formal hearing. By the Commission, Division 3. Deputy Solid Fuels Administrator The applicant is hereby given the op­ [ s e a l] W. P. B artel, for War. portunity to obtain a hearing on such issues by filing a written appearance in Secretary. [F. R. Doc. 45-14299; Filed, Aug. 3, 1945; accordance with the provisions of § 1.382 [F. R. Doc. 45-14354; Filed, Aug. 3, 1945; 11:33 a. m.] (b) of the Commission’s rules of prac­ 11:49 a. m.] tice and procedure. Persons other than the applicant herein who desire to be heard must file a petition to intervene CIVIL AERONAUTICS BOARD. in accordance with the provisions of OFFICE OF ALIEN PROPERTY CUS­ §§ 1.102, 1.141 and 1.142 of the Commis­ [Docket No. 1967] TODIAN. sion's rules of practice and procedure. T r a n s -M a r in e A ir l in e s , I n c . The applicants’ addresses are as fol­ [Vesting Order 5070] lows: NOTICE OF FURTHER HEARING C o p y r ig h t I n t e r e st s of M. P. B e la ie f f KID Broadcasting Co., Radio Station KID, In the matter of the investigation of P. O. Box 219, Idaho Falls, Idaho. Under the authority of the Trading certain activities of Trans-Marine Air­ Idaho Radio Corporation, Park Avenue & with the Enemy Act, as amended, and lines, Inc. C Street, Idaho Falls, Idaho. Executive Order No. 9095, as amended, FEDERAL REGISTER, Saturday, August 4, 1945 9683

and pursuant to law, the undersigned, return should be made or such compen­ [Vesting Order 5082] after investigation; sation should be paid. C o p y r ig h t I nterests o f C er tain G er m an Any person, except a national of a des­ 1. Finding that M. P. Belaieff, a resident and A u s t r ia n N a tio n a ls of Leipzig, Germany, is a national of a for­ ignated enemy country, asserting any eign country (Germany); claim arising as a result of this order Under the authority of the Trading 2. Determining, therefore, that the prop­ may file with the Alien Property Custo­ with the Enemy Act, as amended, and erty described as follows: All right, title, in­ dian a notice of his claim, together with Executive Order No. 9095, as amended, terest and claim of whatsoever kind or a request for a hearing thereon, on Form and pursuant to law, the undersigned, nature, under the statutory and common law of the United States and the several States APC-1, within one year from the date after investigation: thereof, of the aforesaid M. P. Belaieff of hereof, or within such further time as 1. Finding that each person whose name, Leipzig, Germany, in, to and under the may be allowed by the Alien Property nationality, and last known address where following: Custodian. Nothing herein contained established, is listed at the top of each page (a) Every copyright, claim of copyright shall be deemed to constitute an admis­ of Exhibit A attached hereto and by refer­ and right to copyright, in each and all of sion of the existence, validity or right to ence made a part hereof, if an individual is the works designated in Exhibit A ,1 which allowance of any such claim. a resident or citizen of, or if a business or­ exhibit is attached hereto and hereby made The terms “national” and “designated ganization is organized under the laws of, a part hereof; and holds the nationality designated after (b ) Every copyright, claim of copyright enemy country” as used herein shall have the name of such person; and right to copyright in each and all of the the meanings prescribed in section 10 of 2. Finding that the persons listed in said works subject to copyright, in which such said Executive order. Exhibit A 1 jointly or severally own or con­ rights and claims are held by the aforesaid trol the property hereinafter described in M. P. Belaieff whether or not such works are Executed at Washington, D. C., on subparagraph 3; specifically designated in this order; July 3, 1945. 3. Determining that the property described (c) Every license, agreement, privilege, as follows: power and right of whatsoever nature aris­ [ s e a l] F r ancis J. M cN am ara, Deputy Alien Property Custodian. a. All right, title, interest and claim of ing under or with respect to any or all of whatsoever kind or nature, under the statu­ the foregoing; excepting the rights of any [1*. R. Doc. 45-14260; Filed Aug. 3, 1945; tory and common law of the United States person to renew any or all of the copyrights 10:58 a. m.[ and of the several States thereof, of each arising in, from or under any or all of the person whose name, nationality, and last foregoing; known address, where established, is desig­ (d) All monies and amounts, and all right nated at the top of each page of said Ex­ to receive monies and amounts, by way of hibit A in, to and under the following: royalty, share of profits or other emolument, C o p y r ig h t s I nter ests o p M . P . B e la ie f f 1. Every copyright, claim of copyright and accrued or to accrue, whether arising pur­ Vesting Order No. 5070, executed by right to copyright, or rights related thereto, suant to law, contract or otherwise, with in each and all of the works described in each respect to any or all of the foregoing; the Alien Property Custodian July 3,1945, page of said Exhibit A under the name of (e) All rights of reversion or revesting, if was filed with the Copyright Office on such person; any, in any or all of the foregoing; July 12,1945 and with the Division of the 2. Every license, agreement, privilege, (f) All causes of action accrued or to ac­ Federal Register. The vesting order vests power and right of whatsoever nature arising crue at law or in equity with respect to any in the Alien Property Custodian certain under or with respect to any or all of the or all of the foregoing, including but not copyrights, copyright applications and foregoing; excepting the rights of any person limited to the right to sue for and recover to renew any or all of the copyrights arising all damages and profits and to ask and re­ rights relating thereto or interests at­ tached hereto, all as more particularly in, from or under any or all of the foregoing; ceive any and all remedies provided by com­ 3. All monies and amounts, and all right mon law or statute for the infringement of set forth in the said vesting order which to receive monies and amounts, by way of any copyright or the violation of any right is available for public inspection at the royalty, share of profits or other emolument, or the breach of any obligation described in Copyright Office, Library of Congress, at accrued or to accrue, whether arising pur­ or affecting any or all of the foregoing; the Division of the Federal .Register, and suant to law, contract or otherwise, with re­ (g) All right, title or interest in any paper at the Office of the Secretary, Office of spect to any or all of the foregoing; or other copies of the works described in the 4. All rights of reversion on revesting, if foregoing; Alien Property Custodian. The German national whose interests are vested and any, in any or all of the foregoing; is property payable or held with respect to 5. All causes of action accrued or to accrue the names of the' works involved (to­ at law or in equity with respect to any or all copyrights, or rights related thereto, in which gether with the author of the work or interests are held by, and such property of the foregoing, including but not limited to constitutes interests held therein by, a na­ other appropriate identification in cer­ the right to sue foiTand recover all damages tional of *a foreign country; tain cases), are listed below: and profits and to ask and receive any and all remedies provided by common law or stat­ 3. Having made all determinations and M. P. Belaieff: Deuxieme Trio, Op. 128 taken all action, after appropriate consulta­ ute for the infringement of any copyright or (Gretchaninoff, composer; Associated Music the violation of any right or the breach of tion and certification, required by said Ex­ Publishers, Inc., registered copyright owner). ecutive order or act or otherwise; any obligation described in or affecting any ------; Twelf Russian Fairy Tales (Hart­ or all of the foregoing; * 4. Deeming it necessary in the national mann, composer; Associated Music Publish­ interest; ers, Inc., registered copyright owner). is property of, or is property payable or held hereby vests in the Alien Property Cus­ ------; Mlada, Blasorchester (Steves) (Rim- with respect to copyrights or rights related todian the property hereinbefore de­ sky-Korssakow, composer; Associated Music thereto, in which interests are held by and Publishers, Inc., registered copyright ow ner). such property itself constitutes interests held scribed in subparagraph 2, to be held, ------; Morceaux Favoris (Tcherepnine, com­ therein by, nationals of one or more foreign used, administered, liquidated, sold or poser; Associated Music Publishers, Inc., reg­ countries. otherwise dealt with in the interest of istered copyright owner). 4. Having made all determinations and taken all action, after appropriate consulta­ and for the benefit of the United States: ------; Sept. Etudes pour Piano (Tcherep­ tion and certification, required by said Ex­ Provided, however, That this order shall nine, composer; Associated Music Publishers, ecutive order or act or otherwise; and not vest any right of any person to renew Inc., registered copyright owner). any copyright in any or all of the works 5. Deeming it necessary in the national ------; Suite for Horn Quartett (Philipp) interest; above described. (Tcherepnine, composer; Associated Music Such property and any or all of the Publishers, Inc., registered copyright owner). hereby vests in the Alien Property Custo­ proceeds thereof shall be held in a spe­ dian the property hereinbefore described cial account pending further determina­ It is hereby certified that the foregoing in subparagraph 3, to be held, used, ad­ tion of the Alien Property Custodian. list is a true summary of the contents ministered, liquidated, sold £>r otherwise This shall not be deemed to limit the of the exhibit attached to and forming dealt with in the interest of and for the powers of the Alien Property Custodian a part of Vesting Order No. 5070, filed benefit of the United States. to return such property or the proceeds with the F ederal R egister. Such property and any or all of the thereof, or to indicate that compensation proceeds thereof shall be held in an ap­ will not be paid in lieu thereof, if and [ se al] J o h n W . W a tso n , propriate account or accounts, pending Assistant Secretary for Records. when it should be determined that such further determination of the Alien Prop­ [F. R. Doc. 45-14259; Filed, Aug. 3, 1945; erty Custodian. This order shall not be 1 Filed as part of the original document. 10:58 a. m.] deemed to limit the power of the Alien 9684 FEDERAL REGISTER, Saturday, August 4, 1945

Property Custodian to return such prop­ • - — ; Intermezzo (Richard Strauss, com­ WAR MANPOWER COMMISSION. erty or the proceeds thereof in whole or poser; Boosey & Hawkes, Ltd., registered R ush, F ayette and F ranklin C ounties, in part, nor shall it be deemed to indicate copyright owner) I n d . that compensation will not be paid in Felizian Rauch; Summa Theologiae Mo- ralis (A. Schmitt, S. J., author; not copy­ MINIMUM WARTIME WORKWEEK lieu thereof, if and when it should he de­ righted in the United States) termined to take any one or all of such The designation of the counties of It is hereby certified that the foregoing actions. Rush, Fayette and Franklin in the State Any person, except a national of a des­ list is a true summary of the contents of of Indiana (9 F.R. 2066) as subject to ignated enemy country, asserting any the exhibit attached to and forming a the provisions of Executive Order No. part of Vesting Order No. 5082, filed with claim arising as a result of this order 9301 is hereby revoked, effective July 2, may, within one year from the date the F ederal R egister. 1945. hereof, or within such further time as [ seal] Jo h n W . WAtson, Dated: June 30, 1945. may be allowed, file with the Alien Prop­ Assistant Secretary for Records. erty Custodian on Form APC-1 a notice W . H. S pencer, of claim, together with a request for a [F. R. Doc. 45-14261; Filed, Aug. 3, 1945; Regional Director. hearing thereon- Nothing herein con­ 10:58 a. m.] [F. R. Doc. 45-14293; Filed, Aug. 3, 1945; tained shall be deemed to constitute an 11:2 1 a. m.] admission of the existence, validity or right to allowance of any «uch claim. The terms “ national” and “ designated OFFICE OF ECONOMIC STABILIZA­ enemy country” as used herein shall have TION. D oor C o u n t y , A hnapee, L in c o l n and the meanings prescribed in section 10 R ed R iver, W is . W entw o r t h B u s L in e s , I n c ., and A m a l ­ of Executive Order No. 9095, as amended. MINIMUM WARTIME WORKWEEK gamated Assoc, of S treet, E lectric Executed at Washington, D. C., on July R a il w a y and M otor C oach Employees The designation of Door county and 10, 1945. of A merica the towns of Ahnapee, Lincoln and Red seal rancis c amara River in Kewaunee County in the State [ ] F J. M N , DIRECTIVE TO OFFICE OF DEFENSE TRANS­ Deputy Alien Property Custodian. of Wisconsin (9 F.R. 4522), as subject to PORTATION AND OFFICE OF PRICE ADMIN­ the provisions of Executive Order No. [F. R. Doc. 45-14262; Filed, Aug. 3, 1945; ISTRATION 10:38 a. m.] 9301 is hereby revoked, effective July 16, In the matter of: Wentworth Bus 1945. Lines, Inc. Dover, New Hampshire and Dated: July 14, 1945. Amalgamated Association of Street, W . H. S pencer, C opyright I nterests of Certain G er­ Electric Railway and Motor Coach Em­ m an and A ustrian N ationals Regional Director. ployees of America, Local 1340, AFL. Vesting Order No. 5082, executed by [F. R. Doc. 45-14294; Filed, Aug. 3, 1945; WLB Case No. 111-4667-D. 1 1:2 1 a. m.] the Alien Property Custodian July 10, It appearing that the Company has 1945, was filed with the Copyright Office filed a petition with the National Labor on July 13, 1945 and with the Division of the Federal Register. The vesting Relations Board seeking withdrawal and Calum et and M anitow oc, W is ., A rea cancellation of the order of the National order vests in the Alien Property Cus­ MINIMUM WARTIME WORKWEEK todian certain copyrights, copyright ap­ Labor Relations Board designating Di­ plications and rights relating thereto or vision 1340, Amalgamated Association The designation of the Manitowoc, interests attached hereto, all as more of Street, Electric Railway and Motor Wisconsin, labor market area, including particularly set forth in the said vesting Coach Employees of America as the ex­ the counties of Calumet and Manitowoc, (10 F.R. 6635) as subject to the pro­ order which is available for public in­ clusive bargaining representative of the spection at the Copyright Office, Library visions of Executive Order No. 9301 is of Congress, at the Division of the Fed­ bus drivers and mechanics of the com­ hereby revoked, effective July 16, 1945. pany, and it further appearing that the eral Register, and at the Office of the Dated: July 14, 1945. Secretary, Office of Alien Property Cus­ National Labor Relations Board, by or­ todian. The German and Austrian na­ der of August 1, 1945 has directed that W. H. S pencer, tionals whose interests are vested and a hearing should be held with respect to Regional Director. the names of the works involved (to­ the matters raised by the petition ; [F. R. Doc. 45-14295; Filed, Aug. 3, 1945; gether with the authors of the works Therefore, by virtue of and pursuant 1 1:2 1 a. m.] or other appropriate identification in to the authority vested in me by Execu­ certain cases), are listed below: tive Order 9370, I hereby direct: E. Wolf-Ferrari; The Jewels of the Madonna Elkhart C o u n t y , I nd. (E. Wolf-Ferrari, composer; G. Schirmer, Inc., 1. That the effective date of the can­ registered copyright owner) cellation order issued by the Office of MINIMUM WARTIME WORKWEEK ------; The Inquisitive Women (Wolf-Fer­ Defense Transportation in this case un­ The designation of Elkhart county in rari, composer; Luigi Sugana, author; G. der date of June 26, 1945 (10 F. R. 7945), the State of Indiana (9 F.R. 2064) as sub­ Schirmer, Inc., registered copyright owner) ------; The Secret of Suzanne (Wolf-Ferrari, be postponed to October 1, 1945. ject to the provisions of Executive Order composer; Max Kalbeck, author; G. Schirmer, 2. That the effective date of Cancella­ No. 9301 is hereby revoked, effective July Inc., registered copyright owner) tion Order No. 1, under General Ration 1, 1945. ------; The Love Cure (Edmund Eysler, com­ Order No. 8, issued by the Office of Price Dated: June 30, 1945. poser; Oliver Herford, translator; G. Schir­ mer, Inc., registered copyright owner) Administration in this case under date of W. H. S pencer, Felix Bloch Erben; Karl und Anna (Leonard June 30, 1945 (10 F.R. 8163), be post­ Regional Director. Frank, author; Felix Bloch Erben, registered poned to October 1, 1945. copyright owner) (play) [F. R. Doc. 45-14296; Filed, Aug. 3, 1945; Ullstein; Karl and Anna (book) (Leonhard (E.O. 9370, Aug. 16, 1943, 8 F.R. 11463) 11:2 1 a. m.] Frank, author; Ullstein, registered copyright owner) Issued this 3d day of August 1945. Richard Strauss; Ariadne Auf Naxos (Rich­ M arshall and S t.- J oseph Co unties, I nd. ard Strauss, composer; Hugo von Hofmanns­ T h o m as I. E m erso n, thal, author; Boosey & Hawkes, Ltd., regis­ Acting Economic MINIMUM WARTIME WORKWEEK tered copyright owner) Stabilization Director. , ------; Frau Oline Schatten (Richard The designation of the counties of Strauss, composer; Boosey & Hawkes, regis­ [F. R. Doc. 45-14356; Filed, Aug. 8, 1945; Marshall and St. Joseph in the State of tered copyright owner) 11:50 a. m.] Indiana Jg F.R. 4522) as subject to the FEDERAL REGISTER, .Saturday, August 4, 1945 9685 provisions of Executive Order No. 9301 suant to this section. Within thirty [M PR 260, Order 1705] is hereby revoked, effective July Ï, 1945. days from the date of the issuance of any I sidro C ordero Dated: June 30, 1945. regulation, order, or amendment of a regulation, which results in a signifi­ AUTHORIZATION OF MAXIMUM PRICES W. H. S p e n c e r , cant change in the prices established For the reasons set forth in an opinion Regional Director. under 2d Revised Maximum Price Regu­ accompanying this order, and pursuant [F. R. Doc. 45-14297; Filed, Aug. 3, 1945; lation 215 the Regional Administrator to § 1358.102 (b) of Maximum Price Reg­ 11:2 1 a. m.] shall amend or modify any order issued ulation No. 260; I t is ordered, That: pursuant to this section to the extent (a) Isidro Cordero, Ave. H ostos Stop necessary to provide that the prices es­ 11 y2 Ponce, P. R. (hereinafter called tablished by such order shall continue W a y n e C o u n t y , I n d . “ manufacturer” ) , and wholesalers and to conform to the. provisions of para­ retailers may sell, offer to sell or deliver MINIMUM WARTIME WORKWEEK graph (b) of this section. and any person may buy, offer to buy or The designation of Wayne county in 2. Provisions of 2d Revised Maximum receive each brand and size or frontmark, the State of Indiana (9 P.R. 2065) as sub­ Price Regulation 215 apply to all sales and packing of the following domestic ject to the provisions of Executive Order except where dollars-and-cents ceilings cigars at the appropriate maximum list No. 9301 is hereby revoked, effective July are established, (a) The maximum price and maximum retail price set forth 2, 1945. prices for any sale of lumber as presently below: established under 2d Revised Maximum Dated: June 30, 1945. Price Regulation 215 shall continue in Maxi­ Maxi­ full force and effect exçept on sales of Pack­ mum mum W . H. S pe nc e r , Brand Size or Regional Director. lumber for which dollars-and-cents frontmark ing list retail maximum prices may be established by price price [F. R. Doc. 45-14298: Filed, Aug. 3, 1945; the Regional Administrator’s order. • 11:2 1 a. m.] P e r M Cents (b) Except as expressly modified by Isidro Cordero... £0 $56 7 any order of the Regional Administrator all provisions of 2d Revised Maximum (b) The manufacturer and whole­ OFFICE OF PRICE ADMINISTRATION. Price Regulation 215 shall continue to salers shall grant, with respect to their apply to all sales covered by such order. sales of each brand and size or front- [Gen. Order 65] 3. Sales covered by this order. The mark of domestic cigars for which maxi­ D istribution Y ard S ales o f S o ft w o o d dollars-and-cents prices established by mum prices are established by this order, L um ber the Regional Administrator’s order shall the discounts they customarily granted a u t h o r it y to f ix c o m m u n it y dollars- govern the maximum prices which may in March 1942 on their sales of domestic AND-CENTS CEILING PRICES be charged by any distribution yard for cigars of the same price class to pur­ chasers of the same class, unless a change An opinion accompanying this order sales or deliveries of lumber out of dis­ tribution yard stock located in the Chi­ therein results in a lower price.. Pack­ has been issued herewith. ing differentials charged by the manu­ cago area for delivery anywhere. Pursuant to the authority vested in facturer or a wholesaler in March 1942 the Price Administrator by the Emer­ 4. Enforcement. On and after the ef­ on sales of domestic cigars of the same gency Price Control Act of 1942, as fective date of this Order and of any price class to purchasers of the same class amended, and Executive Orders Nos. 9259 order issued hereunder, any person who may be charged on corresponding sales and 9328, It is hereby ordered: sells or offers to sell lumber out of dis­ of each brand and size or frontmark of 1. Authority to fix dollars-and-cents tribution yard stock at a price higher cigars priced by this order, but shall not ceiling prices for the Chicago Area: (a) than the ceiling price fixed by such or­ be increased. Packing differentials al­ The Regional Administrator of the Office der?, or who otherwise violates any pro­ lowed by the manufacturer or a whole­ of Price Administration for Region VI saler in March 1942 on sales of domestic may, by order, fix area dollars-and-cents visions of stich orders shall be subject to the criminal penalties, suits for treble cigars of the same price class to pur­ ceiling prices for sales and deliveries of chasers of the same class shall be al­ damages, license suspension proceedings lumber out of the stock of any lumber lowed on corresponding sales of each distribution yard located in the Chicago and any other civil enforcement actions brand and size or frontmark of cigars area for which maximum prices are provided for by the Emergency Price priced by this order and shall not be presently established under 2d »Revised Control Act of 1942, as amended. Any reduced. If a brand and size of front- Maximum Price Regulation 215. No per­ person who, in the course of. trade or mark of domestic cigars for which maxi­ son may sell or deliver and no person business, buys at a price higher than the mum prices are established by this order may buy or receive lumber out of the ceiling prices fixed by such orders is also is of a price class not sold by the manu­ stock of any lumber distribution yard subject to the criminal penalties and civil facturer or the particular wholesaler in located in that area at prices higher than March 1942, he shall, with respect to his the dollars-and-cents ceiling prices fixed enforcement actions provided for by that Act. sales thereof, grant the discounts and by any order issued pursuant to the au­ may charge and shall allow the packing 5. Definitions, (a) Unless the context thority contained in this section. differentials customarily granted, Any order issued or action taken by requires otherwise, the teçms used in this charged or allowed (as the case may be) the Regional Administrator in accord­ order shall have the same meaning given in March 1942 by his most closely com­ ance with this order shall have the same them in 2d Revised Maximum Price Reg­ petitive seller of the same class on sales force and effect as if issued or taken by ulation 215. of domestic cigars of the same March the Administrator. (b) As used in this order the phrase, 1942 price class to purchasers of the same (b) The dollars-and-cents prices “ Chicago area”, shall mean such area class. established by the Regional Administra­ immediately surrounding and including (c) On or before the first delivery to tor’s order shall be generally in line with the City of Chicago, Illinois, as shall be any purchaser of each brand and size or the levels of prices in effect under 2d frontmark of domestic cigars for which Revised Maximum Price Regulation 215. designated in the Regional Administra­ tor’s order. maximum prices are established by this (c) The Regional Administrator may order, the manufacturer and every other include in any order issued hereunder This order shall become effective Au­ seller (except a retailer) shall notify the provisions for posting price lists, for gust 4, 1945. purchaser of the maximum list price and keeping of records and for making Issued this 3d day of August 1945. the maximum retail price established by reports. this order for such brand and size or (d) The Regional Administrator of J am es F. B r o w n l e e , frontmark of domestic cigars. The no­ the Office of Price Administration for Acting Administrator. tice shall conform to and be given in Region V I is authorized to modify or re­ [F. R. Doc. 45-14302; Filed, Aug. 3, 1945; the manner prescribed by § 1358.113 of voke at any time any order issued pur­ 11:37 a. m.] Maximum Price Regulation No. 260. 9686 FEDERAL REGISTER,- Saturday, August 4, 1945

(d) Unless the context otherwise re­ grant the discounts and may charge and 1942 on sales of domestic cigars of the quires, appropriate provisions of Maxi­ shall allow the packing differentials cus­ same price class to purchasers of the mum Price Regulation No. 260, shall tomarily granted, charged or allowed (as same class may be charged on corre­ apply to sales for which maximum prices the case may be) in March 1942 by his sponding sales of each brand and size or are established by this order. most closely competitive seller of the frontmark of cigars priced by this order, (e) This order may be revoked or same class on sales of domestic cigars but shall not be increased. Packing dif­ amended by the Price Administrator $t of the same March 1942 price class to ferentials allowed by the manufacturer or any time. purchasers of the same class. a wholesaler in March 1942 on sales of This order shall become effective Au­

[MPR 260, Order 1709] (d) Unless jthe context otherwise re­ Maxi­ Maxi­ quires, appropriate provisions of Maxi­ Size or Pack­ mum mum L eopoldo P erez Brand frontmark ing list retail mum Price Regulation No. 260, shall ap­ price price AUTHORIZATION OF MAXIMUM PRICES ply to sales for which maximum prices are established by this order. Per M Cents For the reasons set forth in an opin­ (e) This order may be revoked or Maria I s a b e l Corona...... 60 $48 6 ion accompanying this order, and pursu­ amended by the Price Administrator at Colon. Tubano...... 60 32 4 ant to § 1358.102 (b) of Maximum Price any time. Regulation No. 260; It is ordered, That: This order shall become effective Au­ (a) Leopoldo Perez, Concordia 66 (b) The manufacturer and whole­ gust 2, 1945. salers shall grant, with respect to their Oeste, Guayama, P. R. (hereinafter called sales of each brand and size or front- “ manufacturer” ), and wholesalers and Issued this 1st day of August 1945. retailers may sell, offer to sell or deliver mark of domestic cigars for which maxi­ J a m e s F. B r o w n l e e , mum prices are established by this or­ and any person may buy, offer to buy or Acting Administrator. der, the discounts they customarily receive each brand and size or frontmark, granted in March 1942 on their sales of and packing of the following domestic [F. R. Doc. 45-14203; Filed, Aug. 1, 1945; domestic cigars of the same price class cigars at the appropriate maximum list 4:10 p. m.] to purchasers of the same class, unless price and maximum retail price set forth a change therein results in a lower price. below: Packing differentials charged by the [Rev. S. O. 99,1 Order 9] manufacturer or a wholesaler in March Maxi­ Maxi­ R u s s e l l M fg. C o . Pack­ mum mum 1942 on sales of domestic cigars of the Brand Size or frontmark - ing list retail ADJUSTMENT OF MAXIMUM PRICES same price class to purchasers of the price price same class may be charged on corre­ For the reasons set forth in an opinion sponding sales of each brand and size or PerM Cents issued simultaneously herewith and pur­ frontmark of cigars priced by this order, Leopoldo Perez.. Panetelas____ 60 $44 2 for 11 suant to Revised Supplementary Order but shall not be increased. Packing dif­ 99 and § 1372.101 (c) of Maximum Price ferentials allowed by the manufacturer Regulation 210^ it is ordered: or a wholesaler in March 1942 on sales (b) The manufacturer and wholesal­ (a) Ceiling' prices for sales by The of domestic cigars of the same price class ers shall grant, with respect to their sales Russell Manufacturing Company. (1) to purchasers of the same class shall be of each brand and size or frontmark of On and after August 1,1945, The Russell allowed on corresponding sales of each domestic cigars for which maximum Manufacturing Company, Alexander brand and size or frontmark of cigars prices are established by this order, the City, Alabama, may sell and deliver, and priced by this order and shall not be discounts they customarily granted in any person may buy and receive from it, reduced. If a brand and size cr front- March 1942 on their sales of domestic the following designated fall and winter mark of domestic cigars for which maxi­ cigars of the same price class to purchas­ knitted underwear manufactured by The mum prices are established by this order ers of the same class, unless a change Russell Manufacturing Company, at is of a price class not sold by the manu­ therein results in a lower price. Pack­ prices not in excess of the following ad­ facturer or the particular wholesaler in ing differentials charged by the manu­ justed ceiling prices: March 1942, he shall, with respect to his facturer or a wholesaler in March 1942 sales thereof, grant the discounts and on sales of domestic cigars of the same Adjusted ceiling may charge and shall allow the packing price class to purchasers of the same class Style and description price (per dozen) differentials customarily granted, may be charged on corresponding sales 178P, Boy’s union suit, made of 14/1 carded yarn, net weight 8 pounds charged or allowed (as the case may be) of each brand and size or frontmark of per dozen (based on size 34), sizes in March 1942 by his most closely com­ cigars priced by this order, but shall not 24-34, l x l ribbed knit, peeler, petitive seller of the same class on sales be increased. Packing differentials al­ closed shoulder, cuffs------$6.28 of domestic cigars of the same March lowed by the manufacturer or a whole­ 175EW, Boy’s union suit, made of 1942 price class to purchasers of the same saler in March 1942 on sales'of domestic 16/1 carded yarn, net weight W. class. cigars of the same price class to purchas­ 714 , e . 7y2 pounds per dozen (c) On or before the first delivery to ers of the same class shall be allowed on (based on size 34), sizes 24-34, l x l ribbed, ecru, closed cuffs------6. 60 any purchaser of each brand and size or corresponding sales of each brand and 178EW, Boy’s union suit, made of frontmark of domestic cigars for which size or frontmark of cigars priced by this 14/1 carded yarn, net weight W. maximum prices are established by this order and shall not be reduced. If a 7.7, E. 8 pounds per dozen (based order,'the manufacturer and every other brand and size or frontmark of domestic on size 34), sizes 24-34, l x l ribbed seller (except a retailer) shall notify the cigars for which maximum prices are es­ ecru, dyed, closed shoulder, cuffs— 6.’65 purchaser of the maximum list price and tablished by this order is of a price class 194EW, Boy’s union suit, madfe of the maximum retail price established by not sold by the manufacturer or the par­ 13/1 carded yarn, net weight W. 8.6, E. 9 pounds per dozen (based this order for such brand and size or ticular wholesaler in March 1942, he shall, on size 34), sizes 24-34, l x l ribbed frontmark of domestic cigars. The no­ with respect to his sales thereof, grant ecru, dyed, closed shoulder, cuffs— 7.18 tice shall conform to and be given in the the discounts and may charge and shall 109EW, Boy’s union suit, made of manner prescribed by § 1358.113 of Maxi­ allow the "packing differentials custom­ 13/1 carded yarn, net weight W. mum Price Regulation No. 260. arily granted, charged or allowed (as 9.6, E. 10 pounds per dozen (based on size 34), sizes 24-34, l x l ribbed (d) Unless the context otherwise re­ the case may be) in March 1942 by his most closely competitive seller of the knit ecru— military shoulders, quires, appropriate provisions of Maxi­ same class on sales of domestic cigars of cuffs------7. 53 175P, Boy’s union suit, made of 16/1 mum Price Regulation No. 260, shall ap­ the same March 1942 price class to pur­ ply to sales for which maximum prices carded yarn, net weight 7y2 chasers of the same class. pounds per dozen (based on size are established by this order. (c) On or before the first delivery to 34), sizes 24-34, l x l ribbed knit, (e) This order may be revoked or any purchaser of each brand and size or peeler, closed shoulder, cuffs------6.23 amended by the Price Administrator at frontmark of domestic cigars for which 194P, Boys’ union suit, made of 13/1 any time. maximum prices are established by this carded yarn, net weight 9 pounds order, the manufacturer and every other per dozen (based on size 34), sizes This order shall become effective Au­ 24—34, 1 x„,l ribbed knit, peeler, seller (except a retailer) shall notify the gust 2, 1945. closed shoulder, cuffs------— 6. 76 purchaser of the maximum list price and 109P, Boys’ union suit, made of 13/1 Issued this 1st day of August 1945. the maximum retail price established by carded yarn, net weight 10 pounds this order for such brand and size or per dozen (based on size 34), sizes J a m e s F. B r o w n iÆe, 24-34, 1 x 1 ribbed stitch, peeler, Acting Administrator. frontmark of domestic cigars. The notice shall conform to and be given in military shoulder-^— ------— 7.07 [F. R. Doc. 45-14202; Filed, Aug. 1, 1945; the manner prescribed by § 1358.113 of 4:10 p. m.] Maximum Price Regulation No. 260. 110 F.R. 6796. No. 155------5 9688 FEDERAL REGISTER, Saturday, August 4, 1945

Adjusted ceiling Adjusted ceiling (iii) The wholesaler will then add to Style and description price (per dozen) Style and description price ( per dozen) the amount found in (ii), immediately 1613P, Men’s fleeced lined union 1612P, Men’s fleeced lined union above, the sum specified below for the suits, made of 26/1, 9/1, 13/1 suit, made of 30/1, 9/1, 13/1 carded yarn, net weight 14 pounds carded yarn, net weight 12 pounds style of garment being priced. The re­ per dozen (based on size 42), per dozen (based on size 42), sizes sulting figure is the wholesaler’s new ceil­ 34-46, military shoulder, cuffs, 36-46, military shoulder, cuffs, ing price for the garment being priced. natural color______* __$11. 49 natural eolor______$10.44 Amount of 1615 (Random ), Men’s fleeced lined • 1613 (Random), Men’s fleeced lined adjustment union suit, made of 26/1, 9/1, 13/1 union suit, made of 26/1, 7/1, 13/1 Style No. (per dozen) carded yarn, net weight 16 pounds carded yarn, net weight 14 pounds 178P...... ___ $0.40 per dozen (based on size 42), sizes per dozen (based on size 42), sizes 175EW______.64 34-46, military shoulder, cuffs, 36-46, military shoulder, cuffs, 178EW______.49 random______11.70 random dyed______12. 81 194EW______.51 160P, Boys’ Peeler union suit, made 1612R, Men’s fleeced lined union 109EW_-_:_.___ .49 suit, made of 30/1, 9/1, 13/1 carded of 18/1 carded yarn, net weight 6 % 175P______.55 yarn, net, weight 12 pounds per pounds per dozen (based on size 194P___:__•______.40 dozen (based on size 42), sizes 34), sizes 24-34, not military 109P______.33 36-46, military shoulder, cuffs, shoulder, l x l fibbed stitch______5. 57 1613P______. 93 145P, Men’s Peeler union suit, made random___L- ______^____ :______10.62 1615 (Random) .89 of 13/1 carded yarn, net weight 14 160P______« .33 pounds per dozen (based on size (2) The adjusted ceiling prices set forth in paragraph

Company in lieu .of the statement re­ cluded in the particular shipment, will be Column A Coliynn B Column C Column A Column B Column C quired under § 1389.304 (as amended) of transmitted with, or annexed to the in­ Maximum Price Regulation 221. voice, billing or other statement of price “ Cost base” Our OPA (d) Statement which The Russell accompanying every shipment made by Style No. to which Amount of adjustment Russell’s wholesaler adjust­ Style No. Our old Our new charge Manufacturing Company must send to The Russell Manufacturing Company of adjusted applies ment ceiling ceiling (difference retailers. (1) On and after August 1, any of the garments listed in paragraph celling “ initial per­ which price price between (a) of this order. This statement, with price centage wholesaler (per dozen) (per dozen) old and new 1945, The Russell Manufacturing Com­ markup” may add ceiling pany shall transmit to each retailer to respect to any garment for which The price) whom it makes delivery of any of the Russell Manufatturing Company is per­ 178P...... $6.28 $5.75 $0.40 garments listed in paragraph (a) of this mitted an adjustment of its ceiling price 175EW...... 6.60 5. 75 .64 178P ...... order, the following statement: under this order shall be sent by The 178EW...... 6.65 6 00 .49 175EW __ Russell Manufacturing Company in lieu 194EW____ 7.18 6.50 .51 178EW Statement to R etailers of OPA A djustment 109EW...... 7.53 6.87)3 .49 194EW.. Charges of the statement required under 17SP...... 6.23 5.50 .55 109EW...... § 1389.304 (as amended) of Maximum 194P...... 6.76 6.25 .40' 175P...... The Office of Price Administration has permitted us 109P...... 7.07 6.25)3 .33 194P...... to add the following adjustment charges to our ceiling Price Regulation 221. 1613P...... 11.49 10.25 .93 109P...... prices on the garments listed below: (e) Statement which wholesalers must 1615 (Random)__ 12.81 11.62)3 .89 1613P. , R E T IS G E R L A R E D E F 160P...... _...... 5.57 5.12)3 .33 send to their retailers. Any seller at 145P...... 10.03 )3 8.87)3 .87 169P OPA adjust­ wholesale, purchasing any of the gar­ Old ceiling ment charge— 1615 (Peeler)...... 12. 60)3 11.50 .83 145P...... Style No. 145EW...... 10.67 9.25 1.06)3 1615 (Peeler)__ price under M PR ments listed in paragraph (a) of this 105P...... 8.29 7.62)3 .50 145 EW ___: ___ 231 and RSO 99 order from The Russell Manufacturing 165EW...... 11.53 10.00 1.15 105P. Company, after August 1, 1945, shall 165PR...... 11.17 9.75 1.06)3 165EW. 145PR...... 10.35 9.00 1.01 165PR. Per dozen Per'dozen transmit to each of its own customers, at 165P...... 10.81 9.62)3 .89 145PR... 178P...... $5.75 $0.53 the time of the delivery by it of any of • 105EW...... 8.73 8.00 .55 165P____ 175EW...... 5.75 .85 105PR...... 8.48 7.75 .55 105EW...... 178E W______6.00 .65 these garments after August 1, 1945, the 125EW...... 9.65 8.50 .86 105PR _ . 194EW...... 6.50 .68 form of "Wholesaler’s Statement to Re­ 125PR...... 9.40 8.25 .86 125EW..___ 109EW...... 6.87)3 .656 125P...... 9.13 8.12)3 .76 125PR____ 175P...... 5.50 .73. tailers of OPA Adjustment Charge” con­ 1612P______10.14 9.37)3 .80 125P...... 194P...... 6.25 .51 tained in the form of “ Statement to 1613 (Random)... 11.70 10. 37)3 1.00 1612P- . 109P...... , ...... 6.62)3 .44 Wholesalers of OPA Adjustment Charge” 1612R...... 10.62 9.50 .84 1613P...... 10.25 1.24 1612R...... 1612 (Random)...... 11.62)3 1.19 required to be sent to wholesalers by The 160P...... 5.12 . 44 Russell Manufacturing Company under 145P...... 8.87)3 1.16 Please note that, as a wholesaler,N you are 1615 (Peeler)...... - 11.50 1.10)3 paragraph (c) above. This “Wholesal­ Saturday required by the OPA to transmit to each Please note that the CPA has ruled that 145EW____-______9.25 1.42 er’s Statement to Retailers of OPA Ad­ you must price these garments in accordance retailer to whom you deliver any of the io5P...... — : 7.62)3 .66)3 justment Charge’’ shall contain the in­ garments listed above on or after August 1, with Maximum Price Regulation 580 or Max­ 165EW______10.00 1.53 imum Price Regulation 210 (whichever^ reg­ 165PR______9.75 1.42 formation applicable to the styles of gar­ 1945, a “Wholesaler’s Statement to Retailers 145PR______9.00 1.35 of OPA Adjustment Charge” in the following ulation governs your sales of the garments 165P...... - 9.62)3 1.18)3 ments included in the particular ship­ listed above). In determining your ceiling 105EW______- 8.00 . .73 ment and shall be transmitted with, or form, properly filled in by you with the in­ , prices for these garments the OPA has ruled 105PR______7.75 .73 formation applicable to the particular gar­ annexed to, the invoice, billing or other 1945 4, August that you must use as your “net cost” under 125EW...... —- 8.50 1.15 ments being delivered by you to the retailer. 125PR...... 8.25 1.15 statement of price accompanying every M PR 580 or your “cost base” under MPR You are required to complete this statement 125P...... - 8.12)3 1.01 shipment made by the wholesaler after 210 the amount set forth in Column A above. 1.07 as follows: In Column A you shall list the 1612P...... - 9.37)3 You may not, in any case, include the 1613 (Random)...... 10.37)3 1.33 August 1, 1945 of any of the garments ceiling prices of the particular styles being 1.13 amount of the OPA adjustment charge set 1612 R ...... 9.50 covered by this order. Each seller at shipped which were in effect for you under forth in Column C above in determining your wholesale shall complete this “Whole­ Maximum Price Regulation 210 prior to the ceiling price for these garments under either saler’s Statement to Retailers of OPA date of this order. In Column B you shall Please note that the OPA requires you to of these regulations. list the new ceiling prices which you deter­ price these' garments in accordance with Adjustment Charge” as follows: In mine in accordance with the method in­ Maximum Price Regulation 580 or Maximum Column A he shall list the ceiling prices (2) The statement required to be sent Price Regulation 210 (whichever regulation 9689 dicated in this statement to you. In Column by The Russell Manufacturing Company in effect for sales by him under Maxi- C you shall list the differences between the governs your sales of the garments listed in tffUm Price Regulation 210 prior to this to its wholesalers, as provided in this par­ this notice). In determining your ceiling amounts in Column A and Column B below order. In Column B he shall list his agraph (c ), and containing the informa­ prices for these garments OPA has ruled that for the respective styles. This notice, when new ceiling prices for the garments, de­ tion applicable to the styles of garments you must use as your “net cost” under Maxi­ properly completed by you, is to be trans­ termined in accordance with paragraph mitted with or annexed to, the invoice, bill­ included in the particular shipment shall mum Price Regulation 580, or yqur “cost ing or other statement of price accompany­ base” under Maximum Price Regulation 210, (b) of this order. In Column C he shall be transmitted with or be annexed to the amount Set forth in the above table as ing every shipment made by you to your list the difference between the amounts the invoice, billing or other statement of the “old ceiling price” for the garment being in Column A and Column B for the re­ retailer customers of the styles shipped to price, accompanying every shipment priced and you may not include the above- spective styles. you by us. made by The ' Russell Manufacturing stated adjustment charge in computing your if)'Garments to which the provisions Wholesaler's statement to retailers of Company of the garments listed in par­ ceiling price for these garments under either OPA adjustment charge. The Office of Price agraph (a) of this order. This state­ of these regulations. of this order shall apply. This order Administration, pursuant to Order No. 9, shall apply only to those garments of ment, with respect to any garment for (2) The statement to be sent to its issued under Revised Supplementary Order the styles enumerated in paragraph (a) which The Russell Manufacturing Com­ retailers by The Russell Manufacturing 99, has permitted us to'1'adjust our ceiling Which are shipped by The Russell Manu­ prices on the following garments, sold and pany is permitted an adjustment of its Company, as provided in this paragraph ceiling price under this order, shall be (d ), and containing the information ap­ facturing Company on or after August delivered by us to you on or after August 1, 1, 1945 and before November 1, 1945. 1945. sent by The Russell Manufacturing plicable to the styles of garments in­ 9690 FEDERAL REGISTER, Saturday, August 4, 1945

(g) This order may be revoked or ber and the ceiling price inserted in the chaser. They include the adjustment of amended by the Price Administrator at blank spaces: maximum prices permitted by § 1379.4a any time. Model N o . ______of Maximum Price Regulation No. 254. This order shall become effective Au­ OPA Retail Ceiling Price—$______(b) At the time of or prior to the first gust 1,1845. Do Not Detach invoice to a purchaser for resale, each seller shall notify the purchaser in writ­ Issued this 1st day of August 1945. (c) At the time of, or prior to, the ing of the maximum price and condi­ first invoice to each purchaser for resale, tions established by this order for resales C h ester B o w l e s , the seller shall notify the purchaser in Administrator. by the purchaser. This notice may be writing of the maximum prices and con­ given in any convenient form. [F. R. Doc. 45-14177; Filed, Aug. 1, 1945; ditions established by this revised order (c) All provisions of Maximum Price 4:02 p. m.] for sales by the purchaser. This notice Regulation No. 254 not inconsistent with may be given in any convenient form. the provisions of this order are applicable (d) Jobber’s maximum prices for sales to the sales'" of the articles for which of the articles covered by this revised [MPR 188, Rev. Order 2879] maximum prices are established by this order shall be established under the pro­ order. A ssociated P roducts C o . visions of section 4.5 of SR 14J.

Article Model Job­ Re­ Con­ No. yA These maximum prices are for the ar­ ber tailer sumer 15 jewel 10 ligne Sultana, chrome (incl. steel back waterproof, incabloc, ticles described in the manufacturer’s (excl. (incl. sweepsecond, strap—...... „ $19.25 $47.50 tax) tax) tax) 15 jewel lOJis ligne Kummer, application dated May 14, 1945. chrome steel back waterproof, (2) For sales by all persons the maxi­ 165 $35.80 $46.69 $57.44 incabloc, strap...... 18.25 45.00 mum prices apply to all sales and de­ 265 20.35 16 jewel 10J^ ligne Winston, all 28.69 34.19 steel waterproof, strap— ...... j 21.00 49.50 liveries after the effective date of this O’ 365 17.20 23.64 27.24 465 32.90 44.74 15 jewel 8% ligne Winston, all order. Those prices are subject to each 52.96 steel waterproof, automatic, strap______25.50 57. ,60 seller’s customary terms and conditions 15 jewel W i ligne Winston, 18K of sale on sales of similar articles. The above maximum prices are sub­ waterproof automatic...... 50.00 125.00 #120, 15 jewel 8% ligne Universal (3) I f the manufacturer wishes tb ject to a cash discount of 2% 10 days #28333 all steel waterproof, auto­ make sales and deliveries to any other and are f. o. b. factory. These maxi­ matic, strapped...... 40.00 95.00 class of purchaser or on other terms and #120, 15 jewel 8% ligne Universal mum prices are for the articles described #28333 all steel waterproof, auto­ conditions of sale, he must apply to the in the manufacturer’s application dated matic, but with metal bracelet-. 42.00 100.00 Office of Price Administration, Wash­ May 24, 1945. #121,15 jewel 10j^ ligne Universal #31013 chrome steel back water­ ington, D. C., under the Fourth Pricing (2) For sales by the manufacturer, proof, strapped—...... 27.00 62.50 Method, § 1499.158 of Maximum Price the maximum prices apply to all sales #121,15 jewel 10}4 ligne Universal #31013 chrome steel back water­ Regulation No. 188, for the establishment and deliveries since Maximum Price Reg­ proof, but with metal bracelet... 29.00 67.50 of maximum prices for those sales, and ulation No. 254 became applicable to 15 Jewel 12 ligne Universal #214143 no sales or deliveries may be made un­ those sales and deliveries. all steel waterproof, strapped— 32.50 71.50 17 jewel 10H ligne Universal #20503 til maximum prices have been authorized (3) For sales by persons other than all steel waterproof, sweepsec­ by the Office of Price Administration. the manufacturer, the maximum prices ond, strapped...... 36.00 85.00 17 jewel lOHligne Universal #20503 (b) The manufacturer shall attach a apply to all sales and deliveries on and all steel waterproof^but without tag or label to every article for which a after the effective date of this order; sweepsecond strapped...... 35.00 85.00 15 jewel Universal #1130118K Cal­ maximum price for sales to consumers (4) The prices established by this or­ endar strapped______85.00 200.00 is established by this revised order. That der are subject to each seller’s custom­ 15 jewel 12 ligne Universal #21301 tag or label shall contain the following and 21302 all steel calendar, ary terms and conditions of sale on sales strapped__ ...... ______47.00 110.00 statement, with the proper model num­ of similar articles to each class of pur­ FEDERAL REGISTER, Saturday, August 4, 1945 9691

The maximum prices to retailers are Adjusted ceiling (c) Statement which Chalmers K n it­ f. o. b. Omaha, Nebraska, and are net, Style and description price (per dozen) ting Company must send to wholesalers. The maximum retail prices above are in­ 9364 boy’s union suit, made of 11.15 (1) On and after August 2, 1945, Chal­ clusive of the Federal excise tax of 10% single ply carded yarn, random dyed, net weight 8 % pounds per mers Knitting Company shalLtransmit to (20% in the case of watches selling at dozen (based on size 32), sizes 24 to each wholesaler to whom it makes deliv­ retail for more than $65). 34, short sleeve, knee length, in case- ery, on and after that date, of any of the This amendment shall become effec­ lot assortments______$8. 22 garments listed in paragraph (a) of this order, the following statement: tive August 3, 1945. (2) The adjusted ceiling prices set Statement to Wholesalers of Adjusted Issued this 2d day of August 1945. forth in paragraph (a) above are sub­ ject to terms of 2/10 EOM and to all Ceiling Prices C h ester B o w l e s , allowances, price differentials and other The OPA has adjusted our ceiling prices Administrator. trade practices, including practices re­ on certain knitte'd underwear garments pur­ [P. R. Doc. 45-14231; Piled, Aug. 2, 1945; lating to shipping and the payment of suant to the provisions of Order No. 10, issued 11:32 a. m.] shipping charges and premiums for ex­ under Revised Supplementary Order 99. In Column A below you will find our adjusted tra sizes, customarily used by Chalmers ceiling prices for these garments. [Rev. Supp. Order 99,1 Order 10] Knitting Company during the period Under this order the OPA has established from July 15, 1941 to February 10, 1942, the method by which you, as a wholesaler, ^ C h a lm e r s K n it t in g C o . both inclusive, on deliveries of compa­ are to determine your ceiling prices for these garments. ADJUSTMENT OF MAXIMUM PRICES rable types of fall and winter knitted You are required by the OPA to determine underwear. For the reasons set forth in an opin­ your ceiling prices for the specified styles by ion issued simultaneously herewith and (b) Ceiling prices for sales at whole­ the following method : You first find the “cost sale. (1) On and after August 2, 1945, base” for the garment being priced from pursuant to Revised Supplementary Or­ Column B of the following table. You then der 99 and § 1372.101 (c) of Maximum the ceiling price for a sale at wholesale apply to this “cost base” your “initial per­ Price Regulation 210, it is ordered: of the garments enumerated in para­ centage markup” (determined in accordance (a) Ceiling prices for sales by Chal­ graph (a) of this order, shipped to the with the appropriate rule set forth in sub- mers Knitting Company. (1) On and seller by Chalmers Knitting Company on paragraph (3) of § 1372.102 (b) of Maximum after August 2, 1945, Chalmers Knitting or after that date shall be determined in Price Regulation 210). You then find your Company, Amsterdam, New York, may new ceiling price by adding to the amount the following manner: thus determined the amount specified in sell and deliver to any wholesaler and (i) The wholesaler shall first find hisColumn C below for the particular style’ of any wholesaler may buy and receive from “ cost base” for the garment being priced garment being priced. it, the following designated fall and win­ from the following table: ter knitted underwear manufactured by Cost base Column A Column B Column O Chalmers Knitting Company, at prices Style No.: (per dozen) not in excess of the following adjusted 2371 (shirt) ______$7.50 “ Cost base" ceiling prices: 2371 (drawer) Chalmers’ to which Amount of ------7.50 Style No. wholesaler adjustment 6261 __...... __ _ adjusted ■ Adjusted ceiling 10.00 ceiling applies which 6262______“ initial Style and description price ( per dozen) ------10.00 price wholesaler 7471 ______------11.25 percentage may add 2371 (shirt), men’s long sleeve shirt 7472 ______markup” made of 11.60 single ply combed ------11.25 8661 (shirt) 1 ; yarn, random dyed, net weight 7 im­ _____ 7.50 8661 (drawer) 2371 (shirt)...... $8.30 $7.50 $0.60 pounds per dozen (based on size 42), ------7.50 9362...... ------7.75 2371 (drawer)... 8.68 7.50 .81 sizes 34 to 46______;______$8. 30 9364 ___...... 6261...... 11.66 10.00 1.25 2371 (drawer), men’s lace back, ankle ------7.75 6262...... 10.88 10.00 .66 length drawers, made of 11.60 single 7471...... 13.20 11. 25 1.40 (ii) The wholesaler will then apply to 7472...... 12.26 11.25 .75 ply combed yarn, random dyed, net the “cost base” for the garment being 8661 (shirt)...... 8.99 7.50 1.12 weight 6% pounds per dozen (based 8661 (drawer)... 8.15 7.50 .49 on size 40), sizes 30 to 46______8. 58 priced his “initial percentage markup” 9362...... 8.76 7.75 .76 6261, men’s cotton union suit, made of determined in accordance with the ap­ 9364...... 8.22 7.75 .35 14.60 single ply carded yarn, random propriate rule set forth in-subparagraph dyed, net weight 12 % pounds per (3) of § 1372.102 (b) of Maximum Price Please note that, as a wholesaler, you are dozen (based on size 42), sizes 34 required by the OPA to transmit to each re­ to 46______11. 66 Regulation 210 (Retail and Wholesale tailer to whom you deliver any of the gar­ 6262, men’s cotton union suit, made of Prices for Fall and Winter Seasonal Com­ ments listed above on or after August 2, 14.60 single ply carded yarn, random modities) . 1945, a “Wholesaler’s Statement to Retailers dyed, net weight 1 1 % pounds (based (iii) The wholesaler will then add to of OPA Adjustment Charge” in the following on size 42), sizes 34 to 46, short form, properly filled in by you .with the in­ sleeves, ankle length______10. 88 the amount found in (ii), immediately formation applicable to the particular gar­ 7471, men’s cotton union suit, made of above, the sum specified below for the ments being delivered by you to the retailer. 11.60 single ply carded yarn, random style of garment being priced. The re­ You are required to complete this statement dyed, net weight 15 pounds per dozen sulting figure is the wholesaler’s new as follows: In Column A you shall list the (based on size 42), sizes 34 to 46, long ceiling price for the garment being priced. ceiling prices of the particular styles being sleeves, ankle length______13. 20 shipped yhich were in effect for you under 7472, men’s cotton union suit, made of Amount of Maximum Price Regulation 210 prior to the 11.60 single ply carded yarn, random adjustment date of this order. In Column B you shall dyed, net weight 13% pounds per Style No.: ( per dozen) list the new ceiling prices which you deter­ dozen (based on size 42), sizes 34 to 2371 (shirt) __ ------$0.60 mine in accordance with the method indi­ 46, short sleeve, ankle length______12. 26 2371 (drawer) ------. 81 cated in this statement to you. In Column 8661 (shirt), men’s long sleeve shirt, 6261 ______— — _ 1.25 C you shall list the difference between the made of 11.15 single ply carded yarn, 6262 ______------.66 amounts in Column A and Column B below 7471 ______random dyed, net weight 10% ------1.46 for the respective styles. This notice, when pounds per dozen, based on size 42) , 7472 ...... 76 properly completed by you, is to be trans­ sizes 34 to 46______8. 99 8661 (s h ir t )__ ------1 .1 2 mitted with, or annexed to, the invoice, bill­ 8661 (drawer), men’s ankle length ,8661 (drawer) ------.49 drawer, made of 11.15 single ply 9362 ...... ___ ------.70 ing or other statement of price accompanying carded yarn, random dyed, net 9364 ...... ^___ ------.35 every shipment made by you to your retailer weight 8 % pounds (based on size customers of the styles shipped to you by us. 40), sizes 30 to 46______8.15 (2) The ceiling prices established for Wholesaler’s Statement to Retailers of OPA 9362 boy’s union suit, made of 11.15 sales at wholesale in this paragraph are Adjustment Charge single ply carded yarn, random subject to all discounts, allowances, price dyed, net weight 9 pounds per dozen differentials and other trade practices, The Office of Price Administration, pursu­ (based on size 32), sizes 24 to 34, ant to Order No. 10, issued under Revised including premiums for extra sizes, which short sleeve, ankle length, in case- Supplementary Order 99, has permitted us lot assortments______8. 70 the wholesaler used during 1942 on deliv­ to adjust our ceiling prices on the following eries of comparable types of fall and win­ garments, sold and delivered by us to you 110 P.R. 6796. ter knitted underwear. on or after August 2, 1945. 9692 FEDERAL REGISTER, Saturday, A ugust 4, 1945

umn A he shall list the ceiling prices in [MPR 188, Order 4186] Column A Column B Column O effect for sales by him under Maximum M. S. K e n w o r t h y C o . Our OPA Price Regulation 210 prior to this order. adjustment In Column B he shall list his new ceil* APPROVAL OF MAXIMUM PRICES Style No. Our old Our new charge (dif­ ceiling ceding ference be­ ing prices for garments, determined in For the reasons set forth in an opin­ price price tween old accordance with paragraph (c) of this and new ceil­ ion issued simultaneously herewith and ing price) order. In Column C he shall list the dif­ filed with the Division of the Federal ference between the amounts in Column Register, and pursuant to § 1499.158 of A and Column B for the respective Per dozen Per dozen Maximum Price Regulation No. 188; It is 2371 (shirt)...... styles. ' « ordered: 2371 (drawer)... (e) Garments to which the provisions 6261...... (a) This order establishes" maximum of this order shall apply. This order 6262...... prices for sales and deliveries of certain 7471...... shall apply only to those garments of 7472...... articles manufactured by M. S. Ken­ the styles enumerated in paragraph (a) 8661 (shirt).___ worthy Company of 9135 S. W. 43rd Ave­ 8661 (drawer)... which are shipped by Chalmers Knitting 9362...... nue, Portland 1, Oreg. 9364...... Company on or after August 2, 1945, and before November 1, 1945. (1) For all sales and deliveries to the following classes of purchasers by the (f) This order may be revoked or sellers indicated below, the maximum Please note that the OPA has ruled that amended by the Price Administrator at you must price these garments in accordance any time. prices are those set forth below: with Maximum Price Regulation 580 or Maxi­ mum Price Regulation 210 (whichever regu­ This order shall become effective Au­ Maximum prices for sales lation governs your sales of the garments gust 2, 1945. by any seller to— listed above). In determining your ceiling prices for these garments the OPA has ruled Issued this 2d day of August 1945. Model Article No. that you must use as your “net cost” under Whole­ Chain Other Con­ C h ester B o w l e s , salers and MPR 580 or your “cost base” under MPR 210 (job­ dept. retail­ sum­ the amount set forth in Column A above. Administrator._ • * bers) stores ers ers You may not, in any case, include the [P. R. DOC. 45-14242; Piled, Aug. 2, 1945; amount of the OPA adjustment charge set 3:51 p. m.J Each Each Each Each forth in Column C above in determining your Aluminum griddle. 13M $2.00 $2.40 $2.67 $4.00 ceiling price for these garments under either of these regulations. These maximum prices are for the ar­ (2) The statement required to be sent [RMPR 122, Amdt. 29 to Rev. Order 47] ticles described in the manufacturer’s by Chalmers Knitting Company to its G ilb e r t o n C oal C o . application dated May 24, 1945. wholesalers, as provided in this para­ (2) For sales by the manufacturer, the graph (c ), and containing the informa­ ADJUSTMENT OF MAXIMUM PRICES maximum prices apply to all sales and tion applicable to the styles of garments For the reasons set forth in an opinion deliveries since Maximum Price Regula­ included in the particular shipment shall issued simultaneously herewith, and in tion No. 188 became applicable to those be transmitted with or be annexed to the accordance with § 1340.260 of Revised sales and deliveries. These prices are invoice, billing or other statement of Maximum Price Regulation No. 122, I t for the article described in your applica­ price, accompanying every shipment is ordered, That Revised Order No. 47 tion. They are f.,o. b. factory and sub­ made by Chalmers Knitting Company of under Revised Maximum Price Regula­ ject to a cash discount of 2% for pay­ the garments listed in paragraph (a) of tion No. 122 be amended in the following ment in 10 days, net 30 days. this order. This statement, with respect respects: (3) For sales by persons other than to any garment for which the Chalmers New paragraph (fl5 ) is added to read the manufacturer, the maximum prices Knitting Company is permitted an ad­ as follows: apply to all sales and deliveries after the justment of its ceiling price under this effective date of this order. Those prices order, shall be sent by Chalmers Knitting (fl5 ) The prices set forth in para­ are subject to each seller’s customary Company in lieu of the statement re­ graphs (c) (1), (d) and (f) for the terms and conditions of sale on sales of quired under § 1389.304 (as amended) of respective areas and for “ direct delivery” similar articles. Maximum Price Regulation 221. and “ yard sales” may be increased for (4) I f the manufacturer wishes to (d) Statement which wholesalers mustthe sales of The Gilberton Coal Com­ make sales and deliveries to any other send to their retailers. Any seller at pany’s anthracite, by no more than 40 class of purchaser or on other terms and wholesale, purchasing any of the gar­ cents per net ton for the egg, stove, nut, conditions of sale, he must apply to the ments listed in paragraph (a) of this pea, buckwheat and rice sizes; if: Office of Price Administration, Washing­ order from Chalmers Knitting Company, (1) The dealer keeps The Gilberton ton, D. C., under the Fourth Pricing after August 2, 1945, shall transmit to Coal Company’s anthracite separate in' Method, § 1499.158 of Maximum Price each of its own customers, at the time storage and delivery from any other kind Regulation No. 188, for the establish­ of the delivery by it of any of these gar­ of solid fuels; ment of maximum prices for those sales, ments on or after August 2, 1945, the (2) The dealer keeps complete and ac­ and no sales or deliveries may be made fprm of "Wholesaler’s Statemeftt to Re­ curate records of the Gilberton Coal until maximum prices have been author­ tailers of OPA Adjustment Charge” con­ Company’s anthracite for such time as ized by the Office of Price Administration. tained in the form of "Statement to this paragraph

(e) This order shall become effective OPA Retail Ceiling Price— $______until maximum prices have been author­ on the 2d day of August 1945. Do Not Detach or Obliterate ized by the Office of Price Administra­ tion. Issued this 1st day of August 1945. (c) At the time of, or prior to, the first invoice to each purchaser for resale, the (b) The manufacturer shall attach a C hester B o w l e s , seller shall notify the purchaser in writ­ tag or label to every article for which a Administrator. ing of the maximum prices and condi­ maximum price for sales to consumers is tions established by this order for sales established by this order. That tag or [F. R. Doc. 45-14245; Piled, Aug. 2, 1945; label shall contain the following state­ 3:50 p. m.J by the purchaser. This notice may be given in any convenient form. ment : (d) This order may be revoked or OPA Retail Ceiling Price— $3.10 Each Do Not Detach or Obliterate [M PR 188, Order 4189] amended by the Price Administrator at any time. (c) At the time of, or prior to, the first U. S. A lad d in Co. (e) This order shall become effective invoice to each purchaser for resale, the on the 2d day of August Î945. APPROVAL OF MAXIMUM PRICES seller shall notify the purchaser in writ­ For the reasons set forth in an opin­ Issued this 1st day of August 1945. ing of the maximum prices and condi­ tions established by this order for sales ion issued simultaneously herewith and C hester B o w l e s , filed with the Division of the Federal Administrator. by the purchaser. This notice may be Register, and pursuant to § 1499.158 of given in any convenient form. Maximum Price Regulation No. 188; It [F. R. Doc. 45-14246; Filed, Aug. 2, 1945; (d) This order may be revoked or 3:50 p, m.] amended by the Price Administrator at is ordered: (a) This order establishes maximum any time. (e) This order shall become effective prices for sales and deliveries of certain articles manufactured by U. S. Aladdin [MPR 188, Order 4190] on the 2d day of August 1945. Company,.4500 Brazil Street, Los Angeles K n u d s o n M fg. C o . Issued this 1st day of August 1945. 26, California. (1) For all sales and deliveries to the APPROVAL OF MAXIMUM PRICES C hester B o w l e s , following classes of purchasers by the For .the reasons set forth in an opinion Administrator. sellers indicated below, the maximum issued simultaneously herewith and filed [F. R. Doc. 45-14247; Filed, Aug. 2, 1945; prices are those set forth below: with the Division of the Federal Register, 3:50 p. m.] and pursuant to § 1499.158 of Maximum Maximum prices for sales Price Regulation No. 188; It is ordered: by any seller to— (a) This order establishes maximum [MPR 61, Amdt. 2 to Order 4] Model prices for sales and deliveries of certain Article L im e d , P ic k le d and B l u e C h r o m e S p lit s No. Chain Other Con­ articles manufactured by Knudson Man­ Job­ and retail­ sum­ ufacturing Company of 109 East Pico, ber Dept. MAXIMUM PRICES FOR SALES stores ers , er Los Angeles 15, Calif. (1) For all sales and deliveries to the For the reasons set forth in an opinion issued simultaneously herewith and filed Each Each Each Each following classes of purchasers by the Aluminum sauce 7 $0.45 $0.54 $0.60- $0.90 sellers indicated below, the maximum with the Division of the Federal Register pan. and pursuant to "section 11 of Maximum Doz­ Doz­ prices are those set forth below: Dozen Dozen en en Price Regulation 61, It is ordered: Aluminum ladle— 2 n $0.90 $1.08 $1.20 $0.15 Order No. 4 is revised and amended Maximum prices for sales by any seller to— to read as follows: These maximum prices are for the Model (a) On and after August 1, 1945, the articles described in the manufacturer’s Article No. Whole­ .Chain maximum price which may be charged salers and Other Con­ application dated June 6, 1945. (job­ dept. retail­ sum­ by any producer thereof for a sale or de­ (2) For sales by the manufacturer, the bers) stores ers ers livery of limed, pickled or blue splits maximum prices apply to all sales and (other than gelatine or glue stock) shall deliveries since Maximum Price Regula­ Each Each Each Each be the highest price charged by him dur­ tion No. 188 became applicable to those Aluminum griddle. 10" $1.54 $1.86 $2.07 $3.10 ing March 1942 for splits of the same sales and deliveries. They are f. o. b. type, weight, potential cutting value and factory and subject to a cash discount These maximum prices are for the arti­ quality and grade. In the event that of 2% for payment within 10 days, net cles described in the manufacturer’s ap­ such seller did not deliver or offer to 30 days. plication dated June 25, 1945. . deliver, during March 1942, splits of the (3) For sales by persons other than (2) For sales by the manufacturer, the same type, weight, potential cutting the manufacturer, the maximum prices maximum prices apply to all sales and value and quality and grade, the maxi­ apply to all sales and deliveries after the deliveries since Maximum Price Regu­ mum price which he may charge shall effective date of this order. Those prices lation No. 188 became applicable to those be a price in line with the highest price are subject to each seller’s customary sales and deliveries. These prices are charged by him during March 1942 for terms and conditions of sale on sales of for the article described in your appli­ splits of the nearest related type, weight, similar articles. cation. They are f. o. b. factory and potential cutting value and quality and (4) If the manufacturer wishes to subject to a cash discount of 2% for pay­ grade. The term “in line with” as used make sales and deliveries .to any other ment in 10 days, net 30 days. in this paragraph (a) means having a class of purchaser or on other terms and (3) For sales by persons other than justifiable relation to the highest price conditions of sale, he must apply to the the manufacturer, the maximum prices charged by the seller during March 1942 Office of Price Administration, Washing­ apply to all sales and deliveries after the with commensurate increases or de­ ton, D. C., under the Fourth Pricing effective date of this order. Those prices creases to give effect to actual differences Method, § 1499.158 of Maximum Price are subject to each seller’s customary in type, weight, potential cutting value Regulation No. 188, for the establishment terms and conditions of sale on sales of and quality and grade of the leathers of maximum prices for those sales, and similar articles. involved and to take into account dif­ no sales or deliveries may be made until (4) If the manufacturer wishes to ferences, if any, in the classes of pur­ maximum prices have been authorized make sales and deliveries to any other chasers. by the Office of Price Administration. class of purchaser or on other terms and When used in this order the term “the (b) The manufacturer shall attach a conditions of sale, he must apply to the highest price charged by the seller during tag or label to every article for which Office of Price Administration, Washing­ March 1942” shall have the definition a maximum price for sales to consumers ton, D. C., under the Fourth Pricing given to it by § 1499.2 of the General is established by this order. That tag or Method, § 1499.158 of Maximum Price Maximum Price Regulation. label shall contain the following state­ Regulation No. 188, for the establish­ (b) Every person selling under the ment with the retail prices properly ment of maximum prices for those sales, provisions of paragraph (a) of this order filled in: and no sales or deliveries may be made shall file a report of his March 1942 high- 9694 FEDERAL REGISTER, Saturday, August 4, 1945 est price, or in-line price where an in­ (5) A “ producer” of splits is one who (3) For all other sales, f. o. b. plant line price is used, with the Office of Price separates splits from horse hides, cattle or yard, which are not “ distribution Administration in conformity with sec­ hides, kips or calfskins and partially tans, plant sales” or “ retail sales” , the prices tion 14 of Maximum Price Regulation 61, processes or trims such splits, or who for a “ distribution plant sale” as deter­ not later than one week after the date buys such splits and resells them other mined in accordance with paragraph (b) of the first sale made after the effective than exactly as purchased at the pro­ (1). date of this order. ducer’s net invoiced weight. Cc) Delivery charges. On all sales if (c) The maximum price which may (6) A “ person other than a producer” the buyer requests delivery within a free be charged by any producer thereof for of splits is one who buys and resells delivery zone which the seller recog­ a sale or delivery of limed, pickled or splits exactly as purchased at the pro­ nized during March 1942, the seller can­ blue splits which cannot be priced under ducer’s net invoiced weight. not charge for making the delivery. If paragraph (a) above, shall be a price (g) The maximum prices established the seller did not offer free delivery in determined by the Office of Price Ad­ by this amendment shall supersede and March 1942, or if the buyer requests de­ ministration to be in line with the gen­ replace any and all maximum prices livery outside the recognized free deliv­ eral level of prices during March 1942 for previously established for sales of such ery zone, the following rules apply: splits of the same and related types, splits. (1) When delivery is by truck owned weights, potential cutting values and or controlled by the seller, the actual qualities and grades sold to a purchaser This amendment shall.become effec­ tive August 1, 1945. cost of delivery may be added, except of the same class. No such seller may that in no case may this addition ex­ sell or deliver splits under the provisions Issued this 2d day of August 1945. ceed 80% of the common carrier truck of this paragraph unless he has filed an C hester B o w l e s , charges for the same shipment. application, in conformity with section Administrator. (2) When delivery is by common or 14 of Maximum Price Regulation 61, for contract carrier, the actual cost of de­ establishment of his maximum price [F. R. Doc. 45-14243; Filed, Aug. 2, 1945; livery may be added. 3:51 p. m.] and has obtained from the Office of Price (d) Definitions.— (1) Distribution Administration an order establishing his plant sale. A “ distribution plant sale” maximum price for such splits. is any sale by a plywood or veneer dis­ (d) For the purposes of this order the [Supp. Order 94, Order 74] tribution plant of hardwood plywood or term “ base period” as used in section 14 R econstruction F in a n c e C o r poration veneer in its regular stock at the time of Maximum Price Regulation 61 shall of sale. mean the month of March 1942. spec ial m a x im u m prices for certain p l y ­ A “ distribution plant” is a wholesale (e) Sales by a person other than the w o o d AND VENEERS or retail warehouse or yard which does producer thereof. On and after August For the reasons set forth in an opinion not process plywood or veneer and which 1, 1945, the maximum price which may issued simultaneously herewith and filed (a) during any one of the three immedi­ be charged for limed, pickled or blue with the Division of the Federal Register, ately preceding calendar years received splits by any person other than the pro­ and in accordance with section 11 of from sales of plywood 'or veneer more ducer thereof shall be as follows: Supplementary Order 94, it is ordered: - than 20% of its total dollar income from (1) In the case of limed splits and all (a) What this order does. This order all sales or, (b) which in the immediately head and shoulder splits whether limed, establishes maximum prices for resellers preceding calendar year received a ma­ pickled or blue the maximum price shall of surplus hardwood plywood and veneers jority by volume of its hardwood ply­ be the producer’s maximum price there­ hereinafter defined, which have been or wood and veneer on direct-mill ship­ for plus a markup of y4 cent per pound. may be purchased from the Reconstruc­ ments. (2) In the case of pickled or blue splits tion Finance Corporation; or any other (2) Retail sales. A “retail sale” is any other than head and shoulder splits the Government agency: sale of less than 1000 square feet of maximum price shall be the producer’s (1) Hardwood plywood is any flat or hardwood plywood or veneer to the ulti­ maximum price therefor plus a markup bandsawn assembly of veneer or veneer mate consumer which is not a “ distribu­ of V2 cent per pound for sales of un­ and lumber core, also any assembly of tion plant sale.” trimmed splits and V2 cent per foot for fiberboard, paper, pulpwood, or any other (3) All other sales. “All other sales” sales of trimmed splits. material, in which at least one ply is of includes every sale of hardwood plywood (3) Terms of sale shall be net cash for any hardwood species of veneer. or veneer which is not a “distribution payment within 30 days from the date of (2 ) , Air craft veneer manufactured toplant sale” or a “ retail sale.” invoice, f. o. b. the shipping point of Army-Navy specifications AN-NN-P- (e) Relation to other regulations and the producer thereof. »Transportation 511b and AN-P-69 or British Standard orders. This order with respect to the charges actually paid or incurred in specifications 5-V-3 and 6-V-3. transporting the splits from the produc­ commodities it covers supersedes any (3) Commercial and technical veneer other regulation or order previously is­ er’s shipping point may be added. How­ other than aircraft veneer of any species, ever, in the event that the splits are whether rotary cut, sawn or sliced. sued by the Office of Price Administra­ transported in the seller’s own convey­ tion. ance the amount added may not exceed N o te : “Commercial veneer” does not in­ ( f ) Revocation and amendment. This clude box grade veneer. the lowest available common carrier rate order may be revoked or amended at any for an identical shipment from the same (b) Maximum prices. The maximum time. shipping point to the same receiving prices for the aforesaid hardwood ply­ point. wood and veneers shall be: This order shall become effective Au­ ( f ) As used in this order the term: (1) For distribution plant sales, f. o. b. gust 4,1945.• (1) “Split” means one of the layers, plant the sum of the following: Issued this 3d day of August 1945. other than the grain or hair portion, into (1 ) . The purchase price from the Gov­ which a horse hide, cattle hide, kip or ernment, not to exceed the established C hester B o w l e s , calfskin has been separated and which is ceiling price for such a sale. Administrator. suitable for further tanning purposes. (ii) Actual freight paid from the Gov­ [F. R. Doc. 45-14314; Filed, Aug. 3, 1945; (2) “Limed splits” means splits which ernment’s warehouse to buyer’s ware­ 11:37 a. m.] are chemically treated through the de- house. hairing process. They shall be free of (iii) A mark-up of 25% on the sum of excess sulphide, lime or water. items (i) and (ii) if the sale, including (3) “Pickled splits” means splits which this mark-up, involves at least $200, or are chemically treated through the a mark-up of 35% if the sale, figured [MPR. 188, Arndt. 90 to Order A -l, Corr.] pickling process. They shall be drained with the 25% mark-up would involve less N ar r o w M o u t h G lass C o n t a in e r s at least 48 hours before determination of than $200. their invoiced weight. (2) For retail sales, f. o. b. yard, the ADJUSTMENT OF MAXIMUM PRICES (4) “Blue splits” means splits which sum of the items (i) and (ii) under are chemically treated through the paragraph (b) (1) plus a mark-up of The reference to paragraph (a) (58) chrome tanning process. 75%. (iv) in Amendment 90 to Order A -l is No. 155------6 FEDERAL REGISTER, Saturday, August 4, 1945 9695

corrected to read “Paragraph (a) (4) (c) On or before the first delivery to having submitted information regarding (iv ).” any purchaser of each brand and size or the nature and extent of the services frontmark of domestic cigars for which rendered by it for which fees aggregat­ This correction shall be effective as of maximum prices are established by this ing $5,000 and reimbursement of ex­ July 30, 1945. order, the manufacturer and every other penses not to exceed $100 are requested; Issued this 3d day of August 1945. seller (except a retailer) shall notify the and purchaser of the maximum list price and It appearing to the Commission that C hester B o w l e s , such fees are not unreasonable: Administrator. the maximum retail price established by this order for such brand and size or It is ordered, That the jurisdiction [F. R. Doc. 45-14340; Filed, Aug. 3, 1945; frontmark of domestic cigars.. The no­ heretofore reserved with respect to the 11:37 a. m.] tice shall conform to and be given in the payment of fees to Winthrop, Stimson, manner prescribed by § 1358.113 of Max­ Putnam & Roberts, T. Guy Connell, and imum Price Regulation No. 260. Shearman & Sterling & Wright, and re­ [MPR 200, Order 1701] (d) Unless the context otherwise re­ imbursement to the latter of expenses quires, appropriate provisions of Max­ not to exceed $100, be, and hereby is, B o n if a c io R e y e s imum Price Regulation No. 260, shall released; and AUTHORIZATION OF MAXIMUM PRICES apply to sales for which maximum prices It is further ordered, That the jurisdic­ are established by this order. tion heretofore reserved over the pay­ For the reasons set forth in an opinion (e) This order may be revoked or ment of miscellaneous expenses in con­ accompanying this order, and pursuant amended by the Price Administrator at nection with the proposed transactions to § 1358.102 (b) of Maximum Price Reg­ any time. be continued. ulation No. 260, It is ordered, That: (a) Bonifacio Reyes, Garco 41, Caguas, This order shall become effective Au­ By the Commission. P. R. (hereinafter called “manufac­ gust 2, 1945. [ s e a l] O rval L. D u B o is , turer” ) and wholesalers and retailers Issued this 1st day of August 1945. Secretary. may sell, offer to sell or deliver and any person may buy, offer to buy or receive C hester B o w l e s , [F. R. Doc. 45-14291; Filed, ‘Aug. 3, 1945; Administrator. each brand and size or frontmark, and 11:25 a. m.] packing of the following domestic cigars [F. R. Doc. 45-14195; Filed, Aug. 1, 1945; 4:08 p. m.] at the appropriate maximum list price [File No. 70-1052] and maximum retail price set forth below: E lectric B o n d and S hare C o . et a l . ORDER GRANTING APPLICATION AND PERMIT­ Maxi- Maxi- SECURITIES AND EXCHANGE COM­ TING DECLARATION TO BECOME EFFECTIVE Size or Pack- mum mum Brand frontmark ing list retail MISSION. price price At a regular session of the Securities [File No. 70-936] and Exchange Commission, held at its office in the City of Philadelphia, Penn­ Per M Cents G eorgia P o w e r and L ig h t C o . Bonifacio Reyes. Media Corona. 60 $40 5 sylvania, on the 31st day of July 1945. In the matter of Electric Bond and ORDER RELEASING JURISDICTION OVER LEGAL Share Company, Ebasco Services Incor­ (b) The manufacturer and wholesalers FEES porated, Two Rector Street Corporation; shall grant, with respect to their sales of each brand and size or frontmark of do­ At a regular session of the Securities File No. 70-1052. Two Rector Street Corporation, a mestic cigars for which maximum prices and Exchange Commission, held at its are established by this order, the dis­ office in the City of Philadelphia, Pa., wholly-owned non-utility subsidiary of counts tlTey .customarily granted in on the 31st day of July 1945. Ebasco Services, Incorporated, which is March 1942 on their sales of domestic Georgia Power and Light Company, an a wholly-owned service company sub­ cigars of the same price class to pur­ indirect subsidiary of General Gas & sidiary of Electric Bond and Share Com­ chasers of the same class, unless a Electric Corporation, a registered hold­ pany, a registered holding company, hav­ change therein results in a lower price. ing company, having filed an applica­ ing filed an application pursuant to sec­ Packing differentials charged by the tion, and amendments thereto, pursuant tion 6 (b) of the Public Utility Holding manufacturer or a wholesaler in March to section 6 (b) of the Public Utility Company Act of 1935 requesting ex­ 1942 on sales of domestic cigars of the Holding Company Act of 1935, for ex­ emptions from the provisions of sections same price class to purchasers of T;he emption from the provisions of section 6 (a) and 7 of the act with respect to same class may be charged on corre­ 6 (a) of the act of the issue and sale, in the renewal of certain indebtedness of sponding sales of each brand and size or accordance with the competitive bidding Two Rector Street Corporation to The frontmark of cigars pricéd by this order, requirements of Rule U-50, of $2,500,000 Prudential Insurance Company of Amer­ but shall not be increased. Packing dif­ principal amount of First Mortgage ica, which indebtedness is secured by a ferentials allowed by the manufacturer Bonds to mature March 1, 1975; and mortgage on an office building owned by or a wholesaler in March 1942 on sales The Commission having, by order the former corporation; and of domestic cigars of the same price dated April 26, 1945, granted said appli­ Two Rector Street Corporation, Ebasco class to purchasers of the same class shall cation, as amended, and said order hav­ Services, Incorporated and Electric Bond be allowed on corresponding sales of ing, among other things, reserved juris­ and Share Company having also filed each brand and size or frontmark of diction with respect to the payment of joint declarations and amendments pur­ cigars priced by this order and shall not all legal fees and expenses of all coun­ suant to section 12 (b) of the act regard­ be reduced. If a brand and size or front- sel; and ing renewal of a lease of space in the mark of domestic cigars for which maxi­ Winthrop, Stimson, Putnam & Roberts, said office building by Ebasco Services, mum prices are established by this order counsel for Georgia Power and Light Incorporated, from Two Rector Street is of a price class not sold by the manu­ Company, having submitted information Corporation under which lease Ebasco facturer or the particular wholesaler in regarding the nature and extent of the Services, Incorporated, agrees to pay a March 1942, he shall, with respect to his services rendered by it for such company minimum rental such that Two Rector sales thereof, grant the discounts and for which fees aggregating $5,000 are re­ Street Corporation will be able to meet may charge and shall allow the pack­ quested; T. Guy Connell, also counsel for the annual payments of interest and ing differentials customarily granted, Georgia Power and Light Company, hav­ amortization of principal required un­ charged or allowed (as the case may be), ing submitted information regarding the der the terihs of the mortgage indebted­ in March 1942 by his most closely com­ nature and extent of the services ren­ ness of Two Rector Street Corporation petitive seller of the same class on sales dered by him to such company for which to the Prudential Insurance Company of of domestic cigars of the same March Jfees aggregating $2,500 are requested; America; Electric Bond and Share Com­ 1942 price class to purchasers of the and Shearman & Sterling & Wright, pany being contingently liable to Two same class. counsel for the bidders for said Bonds, Rector Street Corporation in the event 9696 FEDERAL REGISTER, Saturday/August 4, 1945

Ebasco Services, Incorporated defaults 3. This Commission is requested to ap­ ing was held in these consolidated pro­ on its obligation; and prove the amended plan, to order Fed­ ceedings in respect of said plan and was A public hearing having been held on eral to surrender to New York the cer­ continued indefinitely. the application and declaration, as tificates for all New York’s presently out­ III. It appearing to the Commission amended; the Commission having con­ standing Common Stock, and to apply that notice should be given and that the sidered the record and having made and to a District Court of the United States hearing herein previously continued filed its findings and opinion based to enforce and carry out the terms and should be reconvened for the purpose of thereon; provisions of tfte amended plan. taking testimony in respect of said It is ordered, That said application and 4. The amended plan states that the amended plan; declarations, as amended, be and the order of the District Court enforcing and It is ordered, That the hearing herein same hereby are granted and permitted carrying out the provisions of the be reconvened under the applicable pro­ to become effective forthwith, subject to amended plan may provide, if this Com­ visions of the act and the rules of the the terms and conditions contained in mission shall so require and the Court Commission thereunder on August 24, Rule U-24. approve, for the transfer of all the issued 1945, at 10:00 a. m., e. w. t., at the office and outstanding preferred stock of the By the Commission. of the Securities and Exchange Commis­ corporation by the transfer agent, with­ sion, 18th and Locust Streets, Philadel­ [ s e a l] O rval L . D u B o is , out the written or other consent of the phia 3, Pennsylvania. On that date, the Secretary. holders thereof, to an officer of the Court hearing room clerk in Room 318 will ad­ [F. R. Doc. 45-14292; Piled, Aug. 3, 1945; to be designated in such order to act as vise as to the room in which the hearing 11:26 a. m.] trustee or nominee for the holders of will be held. said preferred stock and to be authorized It is further ordered, That Robert P. and directed, among other things, to Reeder, or any other officer or officers of vote said stock in favor of the amended [Pile Nos. 59-35, 59-61, 54-66] the Commission designated by it for that plan and the amendment of the Certifi­ purpose, shall preside at the reconvened N e w Y o rk W ater S ervice C orp. et a l . ~ cate of Incorporation as provided hearing. The officer so designated to therein. preside at the hearing is hereby author­ NOTICE OF FILING OF AMENDED PLAN, ORDER 5. The amended plan provides for an ized to exercise all the powers granted RECONVENING HEARING AND NOTICE OF RE­ application by New York to the Public to the Commission under section 18 (c) CONVENED HEARING Service Commission of the State of New of the act and to a trial examiner under At a regular session of the Securities York for an order approving the issu­ the Commission’s rules of practice. and Exchange Commission, held at its ance of the proposed common stock, and I t is further ordered, That, without office in the City of Philadelphia, Penn­ further provides that the proposed limiting the soope of the issues presented sylvania, on the 1st day of August, A. D. amendment to the Certificate of Incor­ by these proceedings, attention will be 1945. poration of New York will be presented directed at the hearing to the following In the matters of New York Water to the Public Service Commission of the matters and questions: Service Corporation, Federal Water and State of New York for endorsement of 1. Whether the amended plan, as pro­ Gas Corporation, File No. 59-35; Federal consent to the reduction in capital ef­ posed or as hereafter modified, is neces­ Water and Gas Corporation and Subsid­ fected thereby and thereafter to the sary to effectuate the provisions of sec­ iary Companies, (Respondents), File Secretary of State of New York for filing. tion 11 (b) of the act, is fair and equi­ No. 59-61; Federal Water and Gas Cor­ 6. Expenses of carrying out the table to the persons affected thereby, poration and Subsidiary Companies, File amended plan are estimated at $19,772. and would effect compliance with the No. 54-66. II. Proceedings instituted by the Com­ Commission’s order herein dated Febru­ I. Notice is hereby given that New mission pursuant to sections 11 (b), 15 ary 10, 1943; York Water Service Corporation, (“New ( f ), and 20 (a) of the act directed to 2. What terms and conditions, if any, York” ), a subsidiary of Federal Water Federal and New York (Mle Nos. 59-61 should be imposed in the public inter­ and Gas Corporation (“Federal” ) , a reg­ and 59-35) and proceedings in respect est or for the protection of investors or istered holding company, has filed an of a plan under section 11 (e) of the act consumers in connection with the pro­ amended plan pursuant to section 11 (e) filed by Federal and its subsidiaries posed issuance of 46,532 shares of new of the Public Utility Holding Company (File No.- 54-66) have heretofore been common stock; Act of 1935 for the purpose of enabling consolidated. 3. Whether the proposed reduction in New York to comply with the provisions By order dated February 10, 1943, the the capital of New York is detrimental of section 11 (b) of the act. Commission, in said consolidated pro­ to the interests of New York’s security All interested persons are referred to ceedings under, section 11 of the act, holders; said amended plan, which is on file in the among other things, (1) ordered that 4. Whether the proposed accounting office of this Commission, for a statement New York shall take such steps as may entries in connection with the plan are of the transactions therein proposed, be necessary to recapitalize so as to in accordance with' the standards of the which may be summarized as follows: fairly and equitably distribute voting Act and the Rules promulgated there­ 1. New York has presently outstanding power among its security holders; Pro­ under; $13,606,000 principal amount of long vided, That the common stock of New 5. Whether the amended plan as filed term debt, 46,532 shares of $100 par value York owned by Federal shall be accorded or as modified makes appropriate pro­ 6% Cumulative Preferred Stock, and no recognition in such recapitalization; vision for the payment of expenses, fees 26,015 shares of $100 par value Common (2) ordered that Federal shall take such and remuneration in connection with the Stock. Federal owns all the Common action as may be necessary to divest it­ recapitalization, and in what amounts Stock and no other securities of New self of all interests held by it, directly or such expenses, fees, and remuneration York. At March 31, 1945, cumulative indirectly, in the business conducted and dividend arrears on the preferred stock properties owned by New York; Provided, should be paid; aggregated $3,780,725, equivalent to That such divestment shall not be ef­ 6. Generally, whether the amended $81.25 per share. fected through the sales of securities of plan and all proposed transactions in­ 2. Under the amended plan, each share New York owned by Federal prior to the cidental thereto are, in all respects, in of New York’s 6% Cumulative Preferred recapitalization of New York in such the public interest and in the interests Stock would be changed into and reclas­ manner as to provide for a fair and of investors and consumers and consist­ sified as one share of no par value com­ equitable distribution of voting power ent with all applicable requirements of mon stock, with a temporary stated value among security holders thereof; and (3) the act and the rules thereunder, and of $10 per share, pending final adjudi­ approved a plan filed by Federal and if not, what modifications and what cation of the original cost of New York’s subsidiaries under section 11 (e) of the terms and conditions should be required act, in which plan Federal consented to properties. All rights of holders of the or imposed to satisfy the statutory preferred stock to accumulated and un­ the provisions of the order described paid dividends would be cancelled. The above relating to New York and to Fed­ standards; presently outstanding Common Stock of eral’s interest in New York. 7. Whether, in the event that the Com­ New York would be surrendered to New New York has heretofore filed a plan mission shall approved the amended York and accorded no recognition in the of recapitalization pursuant to section plan as filed or as modified, the Com­ recapitalization. 11 (e) of the act (File No. 54-66); a hear­ mission shall approve said plan for pur- FEDERAL REGISTER, Saturday, August 4, 1945 9697 poses of section 11 (d) of the act (as cated in Beaver, Box Elder, Cache, Car­ [Rev. Special Order 13] well as section 11 (e )) so as to permit bon, Daggett, Davis, Duchesne, Emery, S pe cia l A c c o u n ts for R e f u n d s to the Commission, of its own motion and Garfield, Grand, Iron, Juab, Kane, Mil­ P urchasers irrespective of any request therefor on lard, Morgan, Piute, Rich, Salt Lake, San Surplus Property Board Special Order the part of New York, to apply to a court Juan, San Pete, Sevier, Summit, Tooele, 13, July 10, 1945 (10 F.R. 8598) is hereby for the enforcement of the amended plan Uintah, Utah, Wasatch, Washington, revised and amended as set forth below.1 pursuant to section 11 (d) of the act; Wayne, and Weber Counties, Utah, 7 Pursuant to the authority of section 8. Whether, in the event that the Com­one-half-ton weapon carrier trucks, 23 30 (c) of the Surplus Property Act of mission shall not approve the amended one-half-ton pickup trucks, 1 one-half­ 1944 (50 Stat. 765; 59 U.S.C. App. Sup. plan as filed or as modified, a plan pro­ ton reconnaissance truck, 33 one-and- IV, 1611), it is hereby ordered, that: posed by the Commission or by any per­ one-half-ton cargo trucks, 11 one-half­ 1. Department of Commerce. The De­ son having a bona fide interest in the re­ ton commander trucks, and 9 one-half­ partment of Commerce, as successor dis­ capitalization of New York should be ap­ ton radio trucks, and shall without re­ posal agency to the Treasury Depart­ proved by the Commission for purposes gard to the requirements of Surplus ment, is hereby authorized to deposit in of section 11 (d) of the act, and, if pro­ Property Board Regulation No. 2 (10 F.R. a special account with the Treasurer of posed by the Commission, what the terms 5104, 8911) take immediate steps so to the United States amounts from proceeds and provisions of such plan should be. dispose of such property by the methods of dispositions of surplus property and It is further ordered, That notice of provided in § 8303.4 (c). to withdraw from such account the this hearing is hereby given to New York, amounts necessary to make appropriate to Federal, to the Public Service Com­ This order shall become effective im­ mediately. refunds to purchasers of such property mission of the State of New York, and when any disposition is rescinded or does to all interested persons, said notice to be S u r p l u s P r o per ty B oard, not become final, or payments for breach given to New York, to Federal, and to the B y A. E. H o w s e , of any warranty: Provided, however, Public Service Commission of the State Administrator. That the amounts on deposit in such ac­ of New York by registered mail, and to J u l y 30, 1945. count shall at no time exceed $750,000. all other persons by a general release of 2. Maritime Commission. The Mari­ this Commission which shall be distrib­ [F. R. Doc. 45-14256; Filed, Aug. 2, 1945; 4:39 p. m.] time Commission, as a disposal agency is uted to the press and mailed to all per­ hereby authorized to deposit in a special sons on the mailing list for the release account with the Treasurer of the United issued Under the Public Utility Holding [SPB Reg, 3, Order 29] States amounts from proceeds of dis­ Company Act of 1935 and by publication positions of surplus property and to in the F ederal R egister. O k l a h o m a withdraw from such account the amounts It is further ordered, That New York ALLOCATION OF TRUCKS FOR DISPOSAL TO necessary to make appropriate refunds shall give additional notice of this hear­ to purchasers of such property when any ing to the holders of its 6% Cumulative FARMERS AND FARMERS’ COOPERATIVES IN CERTAIN COUNTIES disposition is rescinded or does not be­ Preferred Stock (insofar as the identity come final, or payments for breach of any of such security holders is known or is Pursuant to § 8303.4 of Surplus Prop­ warranty: Provided, however, That the available to it) by mailing to each of said erty Board Regulation No. 3, entitled amounts on deposit in such account shall persons a copy of this notice and order “ Dispositions of Surplus Property in at no time exceed $500,000. at his last-known address at least fifteen Rural Areas and to Farmers” (10 F.R. 3. Department of the Interior. The days prior to the date of this hearing. 5325) and in reliance upon the certificate Department of the Interior, as a disposal It is required that any person desiring of the Secretary of Agriculture to the agency designated to act in the terri­ to be heard in these proceedings shall Surplus Property Board that farm pro­ tories and possessions of the United file with the Secretary of the Commission duction is impaired or threatened to be States, is hereby authorized to deposit on or before August 21,1945 an appropri­ impaired in the area named below by a . in a special account with the Treasurer ate request or application to be heard, as shortage of trucks; I t is hereby ordered, of the United States amounts from the provided by Rule X V II of the Commis­ That: proceeds of disposition of surplus prop­ sion’s rules of practice. The Department of Commerce, as dis­ erty, and to withdraw from such ac­ By the Commission. posal agency, shall allocate for disposal count the amounts necessary to make to farmers and farmers’ cooperative as­ appropriate refunds to purchasers of [SEAL] ORVAL L . DUBOIS, sociations holding certificates of the such property when any disposition is Secretary. Agricultural Adjustment Agency and lo­ rescinded or does not become final, or cated in Beckham, Caddo, Canadian, [F. R. Doc. 45-14290; Filed, Aug. 3, 1945; payments for breach of any warranty: 11:25 a. m.] Carter, Cleveland, Comanche, Cotton, Provided, however, That the amounts on Custer, Dewey, Garvin, Grady, Greer, deposit in such account shall at no time Harmon, Jackson, Jefferson, Kiowa, exceed $75,000. Love, McClain, Murray, Pottawatomie, SURPLUS PROPERTY BOARD. Roger Mills, Stephens, Tillman, and This revised special order shall become Washita Counties, Oklahoma, 51 trucks, effective on July 31, 1945. [SPB Reg. 3, Order 28] two-and-one-half-ton and one-and-one- S u r p l u s P r o per ty B oard, U tah half-ton hydraulic dump, four-ton cab- By A. E. H o w s e , ALLOCATION OF TRUCKS FOR DISPOSAL TO and-chassis, one-and-one-half-ton car­ Administrator. go, one-and-one-half-ton cargo-stake- J u l y FARMERS AND FARMERS’ COOPERATIVES IN 31, 1945. CERTAIN COUNTIES and-platform, one - and - one - half - ton [F. R. Doc. 45-14271; Filed, Aug. 3, 1945; panel, one-and-one-half-ton platform, 11:07 a. m.] Pursuant to § 8303.4 of Surplus Prop­ one-half-ton pickup, one-half-ton panel, erty Board Regulation No. 3, entitled one-half-ton carryall, and one-half­ [Special Order 16] “ Dispositions of Surplus Property in ton bus, and shall without regard to the Rural Areas and to Farmers” (10 F.R. requirements of Surplus Property Board - F in a n c ia l R epo r ts b y D is p o s a l A g e n c ie s 5325) and in reliance upon the certificate Regulation No. 2 (10 F.R. 5104, 8911) The reports required by this order will of the Secretary of Agriculture to the take immediate steps so to dispose of furnish essential information relating to Surplus Property Board that farm pro­ such property by the methods provided in the financial status of the surplus prop­ § 8303.4 (c). erty disposal program. The forms and duction is impaired or threatened to be instructions contained in this order ap­ This order shall become effective im­ impaired in the area named below by a ply to the disposition of property de­ shortage of trucks; It is hereby ordered, mediately. clared surplus to any Government agency That; S u r p l u s P r o p e r t y B oard, designated a disposal agency by the Sur­ The Department of Commerce, as dis­ By A. E. H o w s e , plus Property Board pursuant to the pro- posal agency, shall allocate for disposal Administrator. J u l y 30,1945. s p e c ia l Order 13, July 10, 1945 (10 F.R. to farmers and farmers’ cooperative as­ 8598) superseded and rescinded Surplus sociations holding certificates of the [F. R. Doc. 45-14255; Filed, Aug. 2, 1945; Property Board Temporary Order No. 2 (10 Agricultural Adjustment Agency and lo­ 4:39 p. m.] F.R. 1581). 9698 FEDERAL REGISTER, Saturday, August 4, 1945

visions of the Surplus Property Act of Form SPB-17 U niteö States o t A merica Budgét Bureau No. 16-R033 1944, or by its predecessor agency, the (7-18-45) Surplus P roperty B oard Approval expires June 30, 1946 Surplus War Property Administration, R eport op R eceipt and D isposition 1. Reporting agency established pursuant to Executive Order op U. S. D ollar P roceeds prom No. 9425 dated February 19, 1944. Sec­ T he D isposal op U. S. Government Surplus P roperty tion 30 of the Surplus Property Act of 2. For the period ended 1944 (58 Stat. 765, 50 U.S.C. App. Sup. Important—See Instructions for Completing This Form on Reverse Side 194 1611) provides that “all proceeds from any transfer or disposition of property 4. Date under this act shall be covered into the (Name and title of authorized official—Please type) (Signature) Treasury as miscellaneous receipts“, ex­ cept as specifically provided therein. Item Prior period (s) Quarter ended Cumulative No. Description ■'...... 19 In furtherance of the foregoing provi­ adjustments ...... : . „ r-r’l9 To...... 19 sion of the act and pursuant to the au­ (a) thority thereof, It is hereby ordered, (b ) (0 (d) (c) That: Undistributed receipts at beginning of period___ 1. Each disposal agency designated by Receipts: the Surplus Property Board or its prede­ Cash sales______...... Rentals...... ______cessor, the Surplus War Property Ad­ Collections on accounts and other receivables. ministration, shall file with the Board the Collections from U. S. appropriations orfunds information called for on the following Proceeds from conversion of foreign currency. forms: (a) Quarterly reports on the receipt and disposition of proceeds on Form Total receipts...... SPB-17, “Report of Receipt and Disposi­ tion of U. S. Dollar Proceeds from the Total to be accounted for. Disposal of U. S. Government Surplus Credits to miscellaneous receipts:1 Property” ; 5511.1 sale of surplus personal property___ 5511.2 Sale of surplus real property______(b) Quarterly reports of accounts re­ 5530 Proceeds from surplus property i ceivable on Form SPB-18, “Summary of foreign areas...... 0375.1 Rental of surplus personal property. Accounts and Other Receivables from the 0375.2 Rental of surplus real property__ ... Disposal of U. S. Government Surplus Property” ; (c) Quarterly reports covering the Total credits to miscellaneous receipts. various currencies in which outstanding accounts are payable on Form SPB-19, Reimbursements to appropriation accounts *. “ Analysis of Outstanding Accounts and Other Receivables Due from Other Than U. S. Government Agencies, from the Dis­ .Total reimbursements to appropriation posal of Ü. S. Government Surplus aqeounts...... Property” ; (d) Quarterly reports on proceeds Reimbursements to Government corporations1 from surplus property in foreign areas, stated in terms of United States dol­ lars and in terms of foreign currencies, on Form SPB-20, “Report of Receipt and Total reimbursements to Government cor­ Disposition of Proceeds from U. S. Gov­ porations...... i...... :... ernment Surplus Property in Foreign Other disposition of receipts *. Areas.” 2. Forms SPB-17, SPB-18, SPB-19, and SPB-20, may be reproduced by the disposal agencies: Provided, That the Total other. formats and sizes are identical with those Undistributed receipts at end of period: Cash on hand______of such forms on file with the Division of Cash in special deposit accounts...... the Federal Register, sample copies of Balance in special account...... which may be obtained from the Board. 3. The first reports on Forms SPB-17 Total undistributed receipts at end of through SPB-20 shall be filed by each period______disposal agency with the Board not later 45 Total receipts accounted for. than September 1, 1945, and shall cover cumulative data from inception of each disposal program to June 30, 1945. All i If space is insufficient, show total on the form and attach a separate sheet with details. subsequent reports shall be filed quar­ I nstructions f o r F o r m SPB-17 Block 2.—Period Ended. Enter the ending terly by each agency, as prescribed by GENERAL INSTRUCTIONS date of the period covered by the report. Block 3.— The name and title of the report­ the instructions on these forms, not later This report covers the receipt and disposi­ than twenty (20) days after the close of ing official should be typed in this block in tion of the U. S. dollar proceeds received addition to his signature. the period for which each report is being from the sale and rental of U. S. Government Block 4.— Enter the date filed. furnished. surplus property in the Continental U. S. Column ( a ) .— Item number. Lines are and its territories and possessions and in numbered consecutively for reference. This order shall become effective July foreign areas. 31, 1945. Column ( b ) .—Description. The report shall be compiled quarterly for Item 1. Undistributed Receipts at Begin­ N o t e : A l l reporting requirements o f this the periods ending September 30, December ning of Period. Report under this item the order have been approved by the Bureau 31, March 31, and June 30. An original and amount of U. S. dollar receipts for which of the Budget in accordance with the Federal two (2) copies shall be submitted to the Sur­ disposition had not been made as of the be­ plus Property Board not later than twenty Reports Act of 1942. ginning of the quarter. This amount should days after the end of the period. Forms printed in the F e d e r a l R e g is t e r are agree with the amount reported under Item These forms may be reproduced locally for information only and do noli follow the 44 in the report for the preceding quarter. provided that the size and format are iden­ Item 2. Receipts. Report under this group exact format prescribed by the issuing agency. tical to that prescribed by the Board. the U. S. dollar receipts from the sale and S u r p l u s P r o p e r t y B oard, INSTRUCTIONS FOR FILLING I: FORM SPB-17 rental of U. S. Government surplus property. By A. E. H o w s e , Block 1.—Reporting Agency. Enter the Item 3. Cash Sales. Report under this Administrator. name of the U. S. Government agency sub­ item the proceeds from cash sales consum­ Ju l y 31, 1945. mitting the report. mated for U. S. dollars. FEDERAL REGISTER, Saturday, August 4, 1945 9699

Item 4. Rentals. Report under this item The name of the corporation and the amount Item 45. Total Receipts Accounted For. the proceeds from rentals consummated for of the reimbursements to each U. S. Govern­ Report under'this item the sum of Items 21, U. S. dollars. ment corporation should be shown on the 27, 33, 38, and 44. Item 5. Collections on Accounts and Other blank lines provided. Column (c).—Prior period(s) adjustments. Receivables. Report under this item the Items 34-38. Other Disposition of Receipts. Enter in this column all adjustments made collection of U. S. dollars on accounts and Report under this group any othër disposition in the current quarter affecting receipts and other receivables acquired from sale and of U. S. dollar receipts from U. S. Government rental of U. S. Government surplus property. surplus property transactions. Items such dispositions of proceeds reported for prior Item 6. Collections from U. S. Appropria­ as “refunds to purchasers” and other author­ fiscal years and for previous quarters of the tions or Funds. Report under this item the ized charges will be reported under this current fiscal years. A supplemental sched­ amounts received from the sale and rental of group. Blank lines are provided for itemiz­ ule shall be submitted in explanation of U. S. Government surplus property to U. S. ing the types of dispositions of receipts re­ these adjustments. Government agencies and corporations. ported under this group. Column ( d).— Quarter ended. Enter the Item 7. Proceeds from Conversion of For­ Item 39. Undistributed Receipts at End of ending date of the quarter covered by the eign Currency. Report under this item the Period. Report Under this group the amount report. The U. S. dollar receipts and the dis­ amounts of U. S. dollar proceeds from the of receipts for which disposition had not beeq>. position thereof during the quarter will be conversion of foreign currency received from made as of the end of the period. reported in this column. cash sales and rentals and from collections on Item 40. Cash on Hand. Report under this accounts and other receivables. item the amount of undeposited cash in the Column (e).—Cumulative______19 to Items 8, 9, and 10. Report on these blank hands of the reporting agency. ____y_19__. Enter the date on which the lines, with an appropriate descriptive title, Item 41. Cash in Special Deposit Accounts. disposal program began and the ending date any other U. S. dollar receipts from the sale Report under this item the amount of un­ of the period covered by the report. The and rental of U. S. Government surplus distributed cash in special deposit accounts. cumulative U. S. dollar receipts and the dis­ property. Item 42. Balance in Special Account. Re­ position thereof from the beginning of the Item 11. Total Receipts. Report under this port under this item the undistributed bal­ program will be reported in this column. The item the sum of Items 3 through 10. ance of any special account. , entries in the cumulative column should Item 12. Total to be Accounted For. Re­ Item 43. Report on this blank line, with equal the sum of: ( 1 ) the amounts shown port under this item the sum of Items 1 an appropriate descriptive title, any other and 1 1 . in the cumulative column of the report of undistributed receipts not otherwise item­ the previous quarter; (2 ) plus or minus the Item 13. Credits to Miscellaneous Receipts. ized. adjustments shown in the adjustment col­ Report under this group the receipts from Item 44. Total Undistributed Receipts at the sale and rental of U. S. Government sur­ End of Period. Report under this item the umns; and (3) plus the amounts in the plus property credited to miscellaneous sum of Items 40 through 43. “Current Quarter” column. receipts. Item 14. 5511.1 Sale of Surplus Personal Budget Bureau No. 16-R034 U-18^45)>^ U nited States of A merica Approval expires June 30,1946 Property. Report under this item those re­ v ' Surplus P roperty Board ceipts from the sale of U. S. Government 1. Reporting agency surplus personal property located in the Summary of A ccounts and Other R eceivables F rom the D isposal of United States and its territories and pos­ U. S. Government Surplus P roperty sessions which are credited to this miscel­ laneous receipt account. 2. For the quarter ended Important—See Instructions for Completing This Form'on Reverse Side Item 15. 5511.2 Sale of Surplus Real Prop­ 194 erty. Report under this item those receipts from the sale of U. S. Government surplus 3. 4. Date real property located in the United States (Name and title of authorized official—Please type) and its territories and possessions which are credited to this miscellaneous receipt ac­ count. (Signature) Item 16. 5530 Proceeds from Surplus Property in Foreign Areas. Report under this Item item the U. S. dollars received from the sale No. Description Amount and rental of U. S. Government surplus per­ sonal and real property located in foreign (a) (b) (0 areas (outside the Continental United States and its territories and possessions) credited 1 ACCOUNTS AND OTHER RECEIVABLES— DUE FROM OTHER THAN to this miscellaneous receipt account, includ­ U. S. GOVERNMENT AGENCIES ing U. S. dollar proceeds from the conver­ 2 Balance at beginning of quarter. 3 Additions: sion of foreign currency. 4 Credit sales___ .•..______Item 17. 0375.1 Rental of Surplus Per­ 5 Rentals______... sonal Property. Report under this item 6 those receipts from the rental of U. S. Gov­ ernment surplus personal property located Total additions______in the United States and its territories and possessions which are credited to this mis­ 9 Reductions: 10 Cash collections: cellaneous receipt account. 11 U. 8. dollars...... -...... — Item 18. 0375.2 Rental of Surplus Real 12 Foreign currency (stated in U. S. dollar equivalents) Property. Report under this item those re­ 13 ceipts from the rental of U. S. Government 14 surplus real property located in the United 15 Total reductions...... »...... -...... ^States and its territories and possessions which are credited to this miscellaneous re­ 16 Balance at end of quarter...... ceipt account. 17 ACCOUNTS AND OTHER RECEIVABLES— DUE FROM U. S. GOVERNMENT AGENCIES AND Items 19 and 20. Report on these blank CORPORATIONS lines, with an appropriate descriptive title, 18 Balance at beginning of quarter______any credits to miscellaneous receipts not 19 Additions: otherwise provide^ for. 20 Sales to U. S. Government agencies and corporations______...... Item 21. Total Credits to Miscellaneous Re­ 21 Rentals to U. S. Government agencies and eorporations...... ceipts. Report under this item the sum of 22 Items 14 through 20. 23 Items 22-27. Reimbursements to Appropri­ 24 Total additions...... ation Accounts. Report under this group the reimbursements to appropriations of the 25 Reductions: 26 Collections from II. 9. appropriations or funds. U. S. Government agencies from the pro­ 27 ceeds of U. S. Government surplus property 28 transactions. The' appropriation symbol and title and the amount of reimbursements to 29 Total reductions...... each appropriation account should be shown 30 Balance at end of quarter______V. on the blank lines prQvided. Items 28-33. Reimbursements to U. S. Gov­ I nstructions f o r F o r m S P B - 1 6 receivables from the sale and rental of U. S. ernment Corporations. Report under this Government surplus property in the Con­ g e n e r a l instructions group the reimbursements to U. S. Govern­ tinental U. S. and its territories and posses­ ment corporations from the proceeds of U. S. This report is to furnish summary infor­ sions and in foreign areas. Accounts and Government surplus property transactions. mation on transactions In accounts and other other receivables Include installment sales 9700 FEDERAL REGISTER, Saturday, August 4, 1945 contracts, purchase money mortgages and Item 20. Report under this item sales to funds by check or transfers of appropria­ other evidences of indebtedness. U. S. Government agencies and corporations. tions or funds. The accounts and other receivables payable Item 21. Report under this item rentals to Items 27 and 28. Report on these blank in foreign currency will be stated in U. S. U. S. Government agencies and corporations. lines any other reductions, with appropriate dollar equivalents. Items 22 ^tnd 23. Report on these blank descriptive titles. The report shall be compiled quarterly for lines any other additions, with appropriate Item 29. Total Reductions. Report under each quarter ending September 30, Decem­ descriptive titles. this item the total of Items 26 through 28. ber 31, March 31, and June 30. An original Item 24. Total Additions. Report under Item 30. Balance at End of Quarter. Re­ and two ( 2 ) copies shall be submitted to the this item the total of Items 20 through 23. port under this item the sum of Items 18 and Surplus Property Board not later than twenty Item 25. Reductions. Report under this days after the end of the quarter. group reductions to accounts and other re­ 24 minus Item 29. These forms may be reproduced locally pro­ ceivables during the quarter. Column (c).— Amount. In this column vided that the size and format are identical Item 26. Report under this item collec­ report the appropriate amounts opposite the to that prescribed by the Board. tions from United States appropriations or respective items.

INSTRUCTIONS FOR FILLING IN FORM SPB-18 Form SPB-19 U nited States of A merica Budget Bureau No. 16-R035 Block 1.— Reporting Agency. Report the (7-18-45) Surplus P roperty B oard Approval expires June 30,1946 name of the U. S. Government agency sub­ A nalysis of Outstanding A ccounts and Other 1. Reporting agency mitting the report. R eceivables D ue F rom Other T han U. S. Government A gencies, F rom the Block 2.— For the Quarter Ended. Report D isposal of U. S. Government Surplus P roperty the ending date of the quarter covered by the report. Important—See Imtructions for Completing This Form on Reverse Side 2. As of Block 3.— The name and title of the report­ ing official should be typed in this block in 4. Date addition to his signature. ) Block 4.— Enter the date filed. (Name and title of authorized official—Please type Column (a ).—Item number. Lines are numbered consecutively for reference. (Signature) Column ( b ) .—Description. Item 1. Accounts and Other Receivables— Ö Amount due from other than D. S. Government Agen­ Description Rate cies. Report under this section the transa s In terms of « foreign In terms of actions in accounts and other receivables from w currency U. S. dollars the sale and rental of U. S. Government sur­ (d) (e) plus propérty to private individuals and en­ (a) (b) (•) titles, and to State and municipal govern­ ments, and' to foreign governments. i Payable in U. S. dollars Item 2. Balance at Beginning of Quarter. 2 Payable in Foreign Currency Report under this item the amount of out­ standing accounts and other receivables as of 3 the beginning of the quarter. This amount should agree with the amount reported under 4 Item 16 in the report for the preceding 5 quarter. 1 Item 3. Additions. Report under this 6 group additions to accounts and other re­ 7 ceivables during the quarter. Item 4. Credit Sales. Report under this 8 item the amount of credit sales. Item 5. Rentals. Report under this item 9 the rentals billed. 10 Items 6 and 7. Report on these blank lines any other additions, with appropriate de­ 11 scriptive titles. 12 Item 8. Total Additions. Report under this / item the sum of Items 4 through 7. 13 Item 9. Reductions. Report under this group reductions to accounts and other re­ 14 ceivables during the quarter. 15 Item 10. Cash Collections. Report cash collections received from accounts and other 16 receivables under this item. 17 Item 11. U. S. Dollars. Report under this item cash collections in U. S. dollars. 18 Item 12. Foreign Currency. Report under 19 this item cash collections in foreign currency (stated in Ü. S! dollar equivalents)’. 20 Items 13 and 14. Report on these blank lines any other reductions, with appropriate 21 descriptive titles. 22 Item 15. Total Reductions. Report under this item the total of Items 11 through 14. 23 Item 16. Balance at End of Quarter. Re­ 24 port under this item the total of Items 2 and 8 minus Item 15. An analysis of this 25 balance will be reported on Form SPB-19. Item 17. Accounts and Other Receivables— 26 due from U. S. Government Agencies and 27 Corporations. Report under this section the transactions in accounts and other receiv­ 28 ables from the sale and rental of U. S. Gov­ 29 ernment surplus property to U. S. Govern­ ment agencies and corporations. 30 Item 18. Balance at Beginning of Quar­ ter. Report under this item the amount of 31 outstanding accounts and other receivables 32 » » - V as of the beginning of the quarter. This amount should agree with the amount re­ 33 ported under Item 30 in the report for the 34 preceding quarter. Item 19. Additions. Report under this 35 group additions to accounts and other re­ 36 ceivables during the quarter. FEDERAL REGISTER, Saturday, August 4, 1945 9701

I nstructions f o r F o r m SPB-19 Items 2 through 34. Payable in Foreign consummated for U. S. dollars should be re­ Currency. Report on a separate blank line flected on this report in the same manner as GENERAL INSTRUCTIONS for each foreign currency the name of the a foreign currency transaction and should be This report supplements SPB-18 summary foreign currency, the rate of exchange, and listed as the first item on the reporting form, of accounts and other receivables from the the amount (expressed in terms of the for­ itemized in Column (a) as “U. S. Dollars.” disposal of U. S. Government Surplus Prop­ eign currency, and in U. S. dollar equiva­ Form SPB-20— In Terms of Foreign Cur­ erty and represents an analysis by type of lents) of the outstanding accounts and other rencies. This report supplements Form currency of the outstanding balance at the receivables payable in foreign currency. SPB-20— In terms of U. S. dollars, and pro­ end of the quarter of accounts and other Item 35. Total Payable in Foreign Cur­ vides for the reporting of the receipt and receivables— due from other than U. S. Gov­ rency. Report under this itenj the total of disposition ef foreign currencies acquired ernment agencies (Form SPB-18, line 16) accounts -and other receivables payable in from sales and rentals of U. S. Government from sales and rentals of U. S. Government foreign currency, expressed in U. S. dollar surplus property in foreign areas. The re­ surplus property in the Continental U. S. equivalents. (Sum of Items 3 through 34, ceipts and dispositions will be stated in terms and its territories and possessions and in for­ Column (e).) of each foreign currency and separate entries should be made for each type of currency eign areas. Item 36. Total. Report under this item reported. Transactions representing sales The report shall be compiled quarterly as the sum of Items 1 and 35 in Column (e). and rentals of surplus property in foreign of September 30, December 31, March 31, and This amount represents the unpaid balance areas which are consummated for U. S. dol­ June 30. An original and two (2) copies of accounts and other receivables— due from lars should not be reported on this form. shall be submitted to the Surplus Property other than U. S. Government agencies, and These forms may be reproduced locally pro­ Board not later than twenty days after the should be in agreement with Form SPB-18, end of the quarter. vided that the size and format are identical Item 16. These forms may be Reproduced locally to that prescribed by the Board. (c).—Rate. Report in this col­ provided that the size and format are iden­ Column umn the rate of exchange used by the re­ INSTRUCTIONS FOR FILLING IN FORM SPB-20 tical to that prescribed by the Board. porting agency to state each type of foreign Block* 1.— Reporting Agency. Enter the INSTRUCTIONS FOR FILLING IN FORM SPB-19 currency in U. S. dollar equivalents. name of the U. S. Government agency sub­ Block 1.— Reporting Agency. Enter the Column (d).—In 'Arms of Foreign Cur­ mitting the report. name of the U. S. Government agency sub­ rency. Report in this column the outstand­ Block 2.— Quarter Ended. Enter the end­ mitting the report. ing accounts and other receivables payable ing date of the quarter covered by the report. Block 2.— Period. Enter the ending date in foreign currency expressed in units of the Block 3.— The name and title of the report­ of the quarter covered by the report. foreign currencies. ing official should be typed in this block in Block 3.—The name and title of the re­ Column ( e ) .—In 'Terms of U. S. Dollars. addition to his signature. porting official should be typed in this block Report in this column the U. S. dollar equiv­ Block 4.— Enter the date filed. Column (a).—Currency. Enter in this in addition to his signature. alent of outstanding accounts and other re­ column the name of each currency. Block 4.— Enter the date filed. ceivables payable in foreign currency. The Column (a).— Item number. Lines are Column (b).—Rate. Report in this col­ amounts reported should equal the product numbered consecutively for reference. umn the rate of exchange used by the re­ Column (b ).— Description. of the rate of exchange (Column (c)) and porting agency to state each type of foreign Item 1. Payable in U. S. Dollars. Report the units of foreign currency (Column (d )). currency in U. S. dollar equivalents. under this item the amount of the outstand­ Report opposite Item 1 the outstanding ac­ Column ( c ) .— Balance at Beginning of ing accounts and other receivables payable counts and other receivables payable in IT. S. Quarter. Report in this column the bal­ in IT. S. dollars. dollars. ances of each currency at the beginning of the quarter. This balance should agree with Form SPB-20 U nited States of A merica Budget Bureau No. 16-R036 the amounts reported in Column (h) of the (7-18-45) - Surplus P roperty B oard Approval expires June SO, 19i6 report for the preceding quarter. Column (d ).—Receipts. Report in this R eport of R eceipt and D isposition 1. Reporting agency column the receipts for the quarter. of P roceeds F rom U. S. Government Surplus P roperty in F oreign A reas Column (e ).—Deposits to Treasurer, U. S. Report in this column the amount of each r~11n terms of U. S. dollars □ In terms of foreign currencies 2. For the quarter ended foreign currency deposited in foreign deposi­ Important—See Instructions for Completing This Form on Reverse Side ' tary banks for the account of the Treasurer 194 of the United States. Column (/).— Credits to Miscellaneous Re­ 3. 4. Date ceipts. Report in this column credits to mis­ (Name and title of reporting official— Please type) (Signature) cellaneous receipt account 5530 ‘‘Proceeds from Surplus Property in Foreign Areas.” The credits to be reported will include dis­ Disposition of receipts positions of foreign currencies by the re­ Balance at Balance at porting agency for which U. S. dollars are Currency Rate beginning of Receipts end of quarter Deposits to Credits to Other dispo­ quarter realized. The total amount reported in this treasurer, miscellane­ sitions column on Form SPB-20 should agree with U. S. ous receipts the amount reported on Form SPB-17, line 16, (a) (W (0 (d) (e) (f) (g)

I nstructions f o r F o r m SPB-20 Surplus Property Board not later than twenty [F. R. Doc. 45-14272; Filed, Aug. 3, 1945; days following the end of the quarter. 11:07* a. m.] GENERAL INSTRUCTIONS Form SPB-20— In Terms of U. S. .Dollars. This report covers the receipt and the dis­ Report on this form, under this designation, position of the proceeds derived from the the receipt and disposition of the proceeds sale and rental of U. S. Government surplus from the sale and rental of U. S. Government [Special Order 15] property in foreign areas (outside the Con-^ surplus property in foreign areas stated in tinental United States and its territories and terms of U. S. dollars. Separate entries D estr u c t io n of B it u m in o u s E m u l s io n possessions). Separate report Form SPB-20 should be made for each currency reported. C am o u flag e P a in t shall be prepared to reflect such receipts and The U. S. dollar equivalent reported for each dispositions in the terms of U. S. dollars and foreign currency should equal the product The War Department has declared in the terms of foreign currencies. Blocks of the units and the rate of exchange of each •surplus to the Reconstruction Finance are provided on the form for the proper des­ foreign currency reported on Form SPB-20— ignation of the contents of the report. In Terms of Foreign Currencies, and further Corporation as a disposal agency ap­ The report shall be compiled quarterly for 6hould be in agreement with the U. S. dollar proximately one million gallons of bitu­ each quarter ending September 30, December amounts reflected in the records of the re­ minous emulsion camouflage paint, and 31, March 31, and June 30. An original and porting agency. Transactions representing the War Department has further quan­ two (2 ) copies shall be submitted to the sales or rentals in foreign areas which are tities of this paint which it will or may

N 9702 FEDERAL REGISTER, Saturday, August 4, 1945

declare surplus In the future. The Re­ This order shall become effective Au­ truck, and shall without regard to the construction Finance Corporation, after gust 1, 1945. requirements o f Surplus Property Board endeavoring to find a commercial use for N o t e : The reporting requirements of this Regulation No. 2 (10 F.R. 5104,8911) take this paint and after exhaustive study, has order have been approved by the Bureau of immediate steps so to dispose of such submitted its findings to the Surplus the Budget in accordance with the Federal property by the methods provided in Property Board. Reports Act of 1942. § 8303.4 (c). The Reconstruction Finance Corpora­ tion has found “that such paint has no S u r p l u s P r o p e r t y B oard, This order shall become effective im­ commercial value and that the cost of B y A. E. H o w s e , mediately. Administrator. ■ care and handling will in all cases far S u r p l u s P r o perty B oard, Ju l y 31,1945. exceed any proceeds which might be B y A . E. H o w s e , realized from its disposition, for the fol­ [F. R. Doc. 45-14359; Filed, Aug. 3, 1945; -- Administrator. lowing reasons: (1) This type of paint 12:06 p. m.] J u l y 30, 1945. has no commercial value in its present [F. R. Doc. 45-14254; Filed, Aug. 2, 1945; form; (2) its conversion into a commer­ 4:39 p. m.] cially usable product would necessitate a material increase in gallonage and be too [SPB Reg. 3, Order 30] expensive to be practical; (3) the paint’s C o n n e c t ic u t , M assachusetts, M a in e , pronounced tendency to ‘bleed through’ an d N e w H a m psh ir e WAR PRODUCTION BOARD. any oil-base paint applied subsequently to its application renders it hazardous ALLOCATION OF TRUCKS FOR DISPOSAL TO [C—403] FARMERS AND FARMERS’ COOPERATIVES IN and useless as a commercial paint; and W alter S. M il n e (4) the estimated cost of removing such CERTAIN COUNTIES CONSENT ORDER paint from the drums would far exceed Pursuant to § .8303.4 of Surplus Prop­ the sales price of the drums.” erty Board Regulation No. 3, entitled Walter S. Milne, engaged in business The Reconstruction Finance Corpora­ “Dispositions of Surplus Property in as a general carpenter in Marshfield, tion has further reported that “the im­ Rural Areas and to Farmers” (10 F.R. Massachusetts, is charged by the War mediate destruction of bituminous emul­ 5325) and in reliance upon the certifi­ .Production Board with having carried sion camouflage paint determined to be cate of the Secretary of Agriculture to on construction on a residential build­ surplus will in all cases be necessary and . the Surplus Property Board that farm ing owned by Chester L. Field of Marsh­ desirable because of the nature of the production is impaired or threatened to field, Massachusetts, at an estimated cost property and the expense and difficulty be impaired in the areas named below of $5,000 between the dates of Novem­ of its carè and handling. It requires by a shortage of trucks; I t is hereby or­ ber 1; 1944 and June 1, 1945 without au­ large and valuable storage space and dered, That: thorization from the War Production entails various charges for its care and 1. The Department of Commerce, as Board and in violation of War Produc­ handling, and it is subject to evaporation, disposal agency, shall allocate for dis­ tion Board Conservation Order L-41. freezing and thawing, and consequent posal to farmers and farmers’ coopera­ Walter S. Milne admits the violation as leakage of the drums.” tive associations holding Certificates of charged, does not desire to contest the Because of the fact that this paint has the Agricultural Adjustment Agency and charge as made, and has consénted'to no civilian utility it is not deemed fea­ located in Hartford, Tolland, New Ha-, the issuance of this order. sible to donate surplus supplies of it to ven, and Middlesex Counties, Connecti­ Wherefore, upon the agreement and any institution or agency supported by cut, and Berkshire, Hampden, Hamp­ consent of Walter S. Milne, the Regional the Federal Government or any State or shire, and Franklin Counties, Massa­ Compliance Manager and the Regional local government or to any nonprofit chusetts, 57 one-and-one-half-ton ■ Attorney, and upon the approval of the educational or charitable organization. trucks, 2 two-and-one-half-ton trucks, Compliance Commissioner, In reliance upon the findings of the and 1 three-ton truck, and shall without It is hereby ordered, That: (a) Wal­ Reconstruction Finance Corporation re­ regard to the requirements of Surplus ter S. Milne shall do no construction cited above, and pursuant to section 13 Property Board Regulation No. 2 (10 on the premises at Ocean Avenue, Brant (b) of the Surplus property Act of 1944 F.R. 5104, 8911) take immediate steps so Rock Section, Marshfield, Massachusetts (58 Stat. 765; 50 U.S.C. App. Sup. 1611) ; to dispose of such property by the including putting up, altering, or finish­ It is hereby ordered, That : methods provided in § 8303.4 (c ). ing the structure, unless hereafter spe­ 1. The Reconstruction Finance Corpo­ 2. The Department of Commerce, as cifically authorized in writing by the War ration and all owning agencies are hereby disposal agency, shall allocate for dis­ Production Board. authorized to destroy any and all surplus posal to farmers and farmers’ coopera­ (b) Nothing contained in^ this order bituminous emulsion camouflage paint tive associations holding certificates of shall be deemed to relieve*'Walter S. now or hereafter in their possession. the Agricultural Adjustment Agency and Milne, his successors or assigns, from 2. In view of the fact that the nature located in Aroostook, Penobscot, Piscata­ any restriction, prohibition, or provision of this property and_the expense and quis, Somerset, and Waldo Counties, contained in any other order or regula­ difficulty of its care and handling are Maine, 18 two-and-one-half-ton cargo tion of the War Production Board, ex­ such as to render its immediate destruc­ trucks and 20 one-and-one-half-ton cept insofar as the same may be incon­ tion necessary and desirable, neither the cargo trucks, and shall without regard sistent with the provisions hereof. Reconstruction Finance Corporation nor to the requirements of Surplus Prop­ (c) The restrictions and prohibitions any owning agency shall be required to erty Board Regulation No. 2 (10 F.R. contained herein shall apply to Walter give public notice of any proposed de­ 5104, 8911) take immediate steps so to S. Milne, his successors or assigns, or per­ struction of such property or to attempt dispose of such property by the methods sons acting on his behalf. Prohibitions to dispose of such property otherwise provided in § 8303.4 (c), against the taking of any action include than by destruction. 3. The Department of Commerce, as the taking indirectly as well as directly of any such action. 3. The Reconstruction Finance Corpo­ disposal agency, shall allocate for dis­ posal to farmers and farmers’ coopera­ ration and any owning agency shall, Issued this 3d day of August 1945. tive associations holding certificates of within twenty (20) days after any de­ the Agricultural Adjustment Agency and W ar P r o d u c t io n B oard, struction carried out under the author­ located in Cheshire, Hillsboro, Merri­ By J. J o se ph W h e l a n , ity of this order, report in writing to the mack, and Rockingham Counties, New Recording Secretary. Surplus Property Board the amount of Hampshire, 13 one-and-one-half-toii ]F. R. Doc. 45-14274; Filed, Aug. 3, 1945; property destroyed. cargo trucks and 1 one-and-one-half-ton 11:24 a. m.]