FEDERAL REGISTER

VOLUME 7 1 9 3 4 « = # NUMBER 220 U n i t e d ^ Washington, Saturday, November 7, 1942

CONTENTS Regulations Whereas the Secretary of Agriculture held public hearings for the purpose of REGULATIONS AND NOTICES receiving evidence likely to be of assist­ Agricultural Conservation and TITLE 7—AGRICULTURE ance to him in determining fair and rea­ Adjustment A dministration: sonable prices for the 1942 crop of Florida Florida, determination of prices Subtitle A—Office of the Secretary sugarcane for sugar: for sugarcane______- 9067 [Amendment 1 to Temporary Rationing Order Now, therefore, I, tro v e r B. Hill, Agriculture D epartment: B 1] Assistant Secretary of Agriculture, after Farm machinery and equip­ Part 2—Rationing of Farm M achinery investigation and consideration of the ment, rationing---- .------9067 and Equipment evidence obtained at the aforesaid hear­ Alien P roperty Custodian: NEW FARM MACHINERY AND EQUIPMENT ings and all other information before me, Vesting orders: do hereby make the following deter­ Section 2.il2 is added; and Schedule American Platinum Works 9098 mination: Copyrights and interests (3 II is amended by deleting therefrom the documents)____ 9092, 9093,9096 following, under the heading “Miscella­ § 802.22j Fair and reasonable prices Fluhrer, Johann Heinrich neous Farm Equipment” : for the 1942 crop of Florida sugarcane for sugar. Fair and reasonable prices for and Johann Friedrich___ 9094 Horse shoes, including mule Bhoes. the^1942 crop of Florida sugarcane shall “Handbuch der Organischen (N ote.— Calks and nails are considered as Chemie” ______9096 repairs.) be not less for sugarcane of like quality in terms of commercially recoverable Krause, Caroline______9093 | 2.112 Effective dates of amendments sugar than those provided for in Sugar Loforte, Salvatore______9095 to Temporary Rationing Order B. (a) Determination Number 147, issued Oc­ Mauser Barrel Co., Inc_____ 9092 Amendment No. 1 (Schedule II and tober 8,1942, for mills defining standard Republic Filters, Inc______9094 § 2.112) to Temporary Rationing Order sugarcane as sugarcane containing 11 Me Schlick, Alois------9097 B shall become effective November 5, per centum to 12 Vz per centum of su­ “Siebenstellige Werte der Trig-.___ , ^ 1942. crose in the normal juice, equivalent in nom tJfrTscneJI FuHk-”^ Done at Washington, D. C., this 5th terms of commercially recoverable sugar tionen”______9095 day of November 1942. Witness my hand to 10.354 per centum to 11.432 per centum Union Banking Corp______9097 and the seal of the Department of Agri­ of sucrose in the crusher juice. The “Urlaub auf Ehrenwort”_____ 9098 culture. price basis for sugar shall be determined Von Stulpnagel, Martha Clara. 9093 B i t u m i n o u s C o a l D i v i s i o n : [ seal] G rover B. Hill, in accordance with whichever of the fol­ Acting Secretary of Agriculture. lowing options may be agreed upon: (1) Hearings, etc.: the average price per pound of 96° raw District Board 8______9089 [P. R. Doc. 42-11572; Filed, November 6,1942; sugar, duty-paid at New York less .17 Hillman Coal and Coke Co___ 9091 11:38 a. m.] cent per pound to adjust for the appro­ McDonald, Frank H______9090 priate freight differential for the week Tecumseh Coal Corp______9089 in which such sugarcane is delivered, or Minimum price schedules Chapter V III—Sugar Agency 7 (2) the average price per pound of 96° amended: Part 802—Sugar D eterminations raw sugar, duty-paid at New York less District 1______9071 District 11 (2 documents) _ 9071, 9072 PRICES FOR 1942 FLORIDA SUGARCANE CROP .17 cent per pound to adjust for the ap­ propriate freight differential for the District 13______9073 N ovember 5, 1942. period beginning October 15, 1942 and District 18______9076 Determination of fair and reasonable ending May 31,1943, except that, if such I n t e r n a l R e v e n u e B u r e a u : prices for the 1942 crop of Florida sugar­ prices do not give frill effect to orders or Processing tax on certain oils_ 9070 cane for sugar, pursuant to the Sug&r regulations of the Federal Government Taxes on tobacco, snuff, etc.; Act of 1937, as Amended. pertaining to the establishment of a floor stocks of cigars and Whereas section-301 (d) of the Sugar price for 96° raw sugar, duty-paid basis cigarettes______9068 Act of 1937, as amended, provides, as one at New York, the Chief of the Sugar O f f ic e o f D e f e n s e T ransportation : of the conditions for payment to pro­ Agency may substitute such prices as limitation on speed of motor ducers of sugar beets and sugarcane, as will give effect to any such orders or vehicles; testing equipment follows: regulations, and except, further, that if (ODT23-1)______9089 * That the producer on the farm who is also, through any orders or regulations of Water carriers on the Illinois directly or indirectly, a processor of sugar the Federal Government the existing re­ River, coordinated opera­ beets or sugarcane, as may be determined by lationship between the price of 96° raw tion (ODT W -l)______9099 the Secretary, shall have paid, or contracted sugar, duty-paid basis, between New O f f ic e o f P r ic e A dministration : to pay under either purchase or toll agree­ York City and Savannah, Georgia, ments, for any sugar beets or sugarcane Adjustments: grown by other producers and processed by should be changed, the price at Savan­ Di-Noc Mfg. Co______9084 him at rates not less than those that may be nah, Georgia, except for the differential - Elmira Coal Co— '.------— 9099 determined by the Secretary to be fair and existing on October 15, 1942, shall be McCormick and Co------9084 reasonable after investigation and due notice governing: Provided, however, That on Standard Food Products, Inc. 9083 and opportunity for public hearing. each ton of Florida sugarcane there shall Weikart Coal Co------9099 1 7 PR . 8723. (Continued on next page) (Continued on next page) 9067 9068 FEDERAL REGISTER, Saturday, November 7, 1942

CONTENTS—Continued applicable to the Internal Revenue Code W ar P roduction B oard: Page by Treasury Decision 4885, amended. Bag osnaburgs and sheetings Regulations 8 (Revised November, FEDEIMtijfREGISTER (L-99, Am. 2 )______9078 1934) [Part 140, Title 26, Code of Fed­ \ UM ^ eral Regulations], as amended by Treas­ € (Junto ^ Cast iron boilers, low pressure (L-187)______9080 ury Decision 4997, approved August 1, Construction : 1940, but only as prescribed and made L-41, Interpretation 1______9078 applicable to the Internal Revenue Code Published daily, except Sundays, Mondays, by Treasury' Decision 4885, approved and days following legal holidays by the L-41, Interpretation 2______9078 Lingerie, etc. (L-116, Am. 2 )____ 9078 February 11,1939 [Part 465, Subpart B of Division of the Federal Register, The National such Title 26, 1939 Sup.], are further Archives, pursuant to the authority con­ Lumber, Douglas fir (L-218, tained in the Federal Register Act, approved Am. 2)_„______9080 amended as follows: July 26, 1935 (49 Stat. 500), tinder regula­ Machine tools, production and Article 200 [§ 140.200, Title 26, Code of tions prescribed by the Administrative Com­ delivery (E-l-b, Am. 3 )__ * 9077 Federal Regulations] is renumbered as mittee, approved by the President. Molybdenum (M-110-a)______9078 article 206 [§ 140.2061. The Administrative Committee consists of Immediately following article 199 the Archivist or Acting Archivist, an officer Phosphate plasticizers (M-183) _ 9079 Scrap metal, processing [§ 140.199] the following new Chapter of the Department of Justice designated by XVI is added: the Attorney General, and the Public Printer (P-136);______9080 or Acting Public Printer. W ar Shipping Administration: Sec. 140.200 Scope of tax. The daily issue of the F ederal R egister Contracts for carriage on ves­ 140.201 Rates of tax. will be furnished by mail to subscribers, free sels owned or chartered by of postage, for $1.25 per month or $12.50 per 140*202 Payment of tax. the Administration; bill of 140.203 Return. year, payable in advance. Remit money or­ lading clause______9088 der payable to the Superintendent of Docu­ 140.204 Refunds. ments directly to the Government Printing War risk insurance on certain 140.205 Penalties and interest. Office, Washington, D. C. The charge for shipments to territories____ 9089 A u t h o r it y : §§ 140.200 to 140.205, inclusive, single copies (minimum, 100) varies in pro­ issued under I.R.C. 200 as amended by sec. portion to the size of the issue. be paid a molasses bonus equal to 2.75 605 of the Revenue Act of 1942, and IR.C. There are no restrictions on the republica­ times the amount, if any, by which the 3791, 53 Stat. 219, 467; 26 U.S.C. 2000, 3791. tion of material appearing in the F ederal C h a p te r XVI R egister. average net liquidation from disposal of Telephone information: District 0525. blackstrap or final molasses exceeds 6.75 FLOOR STOCKS TAXES ON LARGE CIGARS AND LARGE cents per gallon, f. o. b. sugar-house AND SMALL CIGARETTES tanks at Clewiston, Florida during the Sec. 605. Cigars and Cigarettes. (Revenue 12 months ended May 31, 1943 and, Pro­ Act of 1942.) CONTENTS—Continued (a) Rates on cigars. Section 2000 (c) (1) vided further, That the established cus­ is amended to read as follows: Office of Price Administration— toms and practices with respect to meth­ (c) Cigars and cigarettes. Upon cigars Continued. Page ods of sucrose analysis, deductions for and cigarettes manufactured in or imported Clothing, fall and winter outer­ frozen sugarcane based upon decreased into the United States, which are sold by wear (GMPR, Supp. Reg. boiling house effciency, fiber content de­ the manufacturer or importer, or removed 14, Am. 49)______9082 terminations and deductions, definitions for consumption or sale, there shall be levied, of delivery points, delivery schedules, collected, and paid the following taxes: Defense-rental areas (MRR, cor­ (1) Cigars. On cigars of all descriptions rection of Supp. Am. 4A) __ 9082 and similar terms, as employed in con­ made of tobacco, or any substitute therefor, Excepted commodities; phono­ nection with the purchase of the 1941 and weighing not more than three pounds graph records (GMPR, crop shall be employed in connection per thousand, 75 .cents per thousand; Supp. Reg. 1, Am. 38)____ 9082 with the purchase of the 1942 crop, and On cigars made of tobacco, or any substi­ tute therefor, and weighing more than three Lumber, Southern pine: the processor shall not, through any sub­ terfuge or device whatsoever reduce the pounds per thousand, if manufactured or MPR 19, Am. 4______9087 imported to retail at not more than 2 y2 MPR 19, Am. 5______9085 returns to the producer below those con­ templated by this determination, but cents each, $2.50 per thousand; Rubber boots and work shoes If manufactured or imported to retail at nothing in this sub-paragraph shall be (Ration Order 6, Am. 4 )___ 9084 more than 2 y2 cents each and not more than construed as prohibiting modifications 4 cents each, $3.00 per thousand; Office of Scientific R esearch and of practices which may be made nec­ If manufactured or imported to retail at D evelopment: essary by unusual circumstances, any more than 4 cents each and not more than Organization; functions and du­ such modifications to be subject to re­ 6 cents each, $4 00 per thousand; ties of officers______9099 view by the Secretary of Agriculture, or If manufactured or imported to retail at Public Contracts Division: more than 6 cents each and not more than his authorized agent, in the event of 8 cents each, $7.00 per thousand; Evaporated and powdered changes alleged to be unfair to either the skimmed milk, exemption If manufactured or imported to retail at producer or the processor. (Sec. 301, more than 8 cents each and not more than of contracts from provi­ 50 Stat. 910; 7 U.S.C. 1940 ed. 1131) 15 cents each, $10.00 per thousand; sions of Walsh-Healey Act. 9091 Done at Washington, D. C., this 5th If manufactured or imported to retail at Minimum wage rates: more than 15 cents each and not more than Rainwear industry__ .______9088 day of November 1942. Witness my hand 20 cents each, $15.00 per thousand; Tobacco industry______9087 and seal of the Department of Agricul­ If manufactured or imported to retail at ture. more than 20 cents each, $20.00 per thousand. Securities and Exchange Commis­ Whenever in this subsection reference is sion: [ seal] G rover B. Hill, Assistant Secretary of Agriculture. made to cigars manufactured or imported Hearings, etc.: to retail at not over a certain price each, Androscoggin Mills, et al____ 9102 [F. R. Doc. 42-11573; Filed, November 6, 1942; then in determining the tax to be paid re­ Butler Suburban Water Co__ 9103 11:38 a. m.] gard shall be had to the ordinary retail Central Maine Power Co., et price of a single cigar in its principal market. al______1 9101 (b ) Rates on cigarettes. Section 2000 (c) Cities Service Co., et al______9102 TITLE 26—INTERNAL REVENUE (2) is amended by striking out “$3.25” andr Chapter I—Bureau of Internal Revenue inserting in lieu thereof “$3.50” and by strik­ Columbia Gas and Electric ing out “$7.80” and inserting in lieu thereof Corp. and Columbia Oil [T. D. 5180] “$8.40.” and Gasoline Corp_____ 9100 SuEchapter C— Miscellaneous Excise Taxes (c) Floor Stocks Tax. Section 2000 is Midland Utilities Co., et al__ 9102 amended by inserting at the end thereof the P art 140—Taxes on T obacco, Snuff, Scripps - Howard Investment following new subsection: Cigars, Cigarettes, Cigarette Papers C o ______9100 (e) 1942 Floor Stocks Tax. (1) Tax. Upon and T ubes, and P urchase and Sale of Wabash Railway Co______9103 large cigars (weighing more than three pounds Leaf T obacco per thousand) and all cigarettes subject to W age and Hour D ivision: tax under this section, which on the effective FLOOR STOCKS OF CIGARS AND CIGARETTES Pens and pencils manufactur­ date of Title VI of the Revenue Act of 1942 ing industry, appointment Regulations 8, as amended, relating to are held by any person for sale,, there shall of Industry Committee____ 9091 taxes on tobacco products, etc., as made be levied, assessed, collected, and paid a floor FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9069

stocks tax at a rate equal to the increase cigarettes is 60 cents per thousand, ex­ filed with the collector of internal reve­ in rate of tax made applicable to such ar­ cept that cigarettes measuring more than nue for the district in which such place ticles by the Revenue Act of 1942. V inches in length are taxable as small of business is located, while the dupli­ (2) Returns. Every person required by 6 2 this subsection to pay any floor stocks tax cigarettes counting each 23A inches (or cate shall be retained at such place of shall, on or before the end of the month next fraction thereof) of the length of each business. following the month in which Title VI of cigarette as one small cigarette. The Where taxable stamped cigars or cig­ the Revenue Act of „1942 takes effect, under rate applicable to small cigarettes is 25 arettes are held at more than one loca­ such regulations as the Commissioner with cents per thousand. These rates are tion or place of business, a separate re­ the approval of the Secretary shall prescribe, equal to the increases in the rates of tax turn for each such location or place of make a return and pay such tax, except that made applicable to large and small ciga­ business, or a consolidated return cover­ in the case of such articles held by manufac­ turers and importers, the Commissioner may rettes by section 2000 (c) of the Internal ing all such locations or places of busi­ collect the tax with respect to all or part of Revenue Code, as amended by section ness, may be filed at the option of the such articles by means of stamps rather than 605 of the Revenue Act of 1942. [Art. person liable to make return and pay tax. return, and in such case may make an assess­ 2011 I f a separate return is made for each lo­ ment against such manufacturer or importer cation or place of business, the procedure having cigar and cigarette tax stamps on § 140.202 Payment of tax. The tax is payable on or before December 31, set forth in the preceding paragraph hand on the effctive date of Title V I of the shall be followed with respect to each Revenue Act of 1942, for the difference be­ 1942, by every person who at the first tween the amount paid for such stamps and moment of November 1, 1942, held large such return. the increased rates imposed by the Revenue cigars, or large or small cigarettes for If a consolidated return is made, the Act of 1942. sale. The tax shall be paid at the time return shall be accompanied by separate (3) Laws Applicable. All provisions of law, of filing the return. (See § 140.203 [ar­ inventories of the cigars and cigarettes including penalties, applicable in respect of ticle 2033) held at each location or place of business the taxes imposed by section 2000, shall, in­ covered by such return. Such separate Manufacturers and importers holding sofar as applicable and not inconsistent with inventories shall be prepared on the in­ this subsection, be applicable with respect unstamped large cigars or large or small to the floor stocks tax imposed by this sub­ cigarettes on November 1,1942, shall pay ventory portion of Form 187, or Form section. — the tax applicable thereto by affixing, at 188, whichever is applicable, in tripli- - ffltp. Each separate inventory shall also § 140.200 Scope of tax. The floor the time of the withdrawal of such ar­ stocks tax under section 2000 (e) of the ticles from the factory or customs cus­ show the taxpayer’s name and the place Internal Revenue Code, as added by sec­ tody, stamps paid for at the rates in ef­ of business where the cigars and cig­ tion 605 of the Revenue Act of 1942, fect on and after November 1, 1942. To arettes are held. The original and du­ is imposed upon large cigars and large permit the use for this purpose of unat­ plicate copies of the separate inventories and small cigarettes, which on the first tached large and small cigarette stamps shall be forwarded to the principal place moment of November 1,1942, are held by and large cigar stamps of class A, pur­ of business for use in preparing the con­ any person for sale. The taxes apply chased at the rates in effect prior to the solidated return, while the triplicate without regard to where the cigars and first moment of November 1,1942, manu­ shall be retained at the premises where eigarettes are held. Subject to the facturers and importers shall, with re­ the cigars and cigarettes are held. The exemptions provided for with respect spect to such stamps, pay as part of their consolidated return shall be prepared in to the withdrawal of cigars and cigarettes floor stocks tax liability an amount equal duplicate. H ie original return together for export (see §140.185 [article 1851), to the difference between the amount with the original copies of the separate the withdrawal of cigars and cigarettes paid for such stamps and the amount inventories shall be filed with the collec- , for use as sea stores (see § 140.186 [arti­ which would have been paid if the stamps tor of internal revenue for the district in cle 1861), and the withdrawal of cigars had been purchased on or after Novem­ which the principal place of business is and cigarettes for use of the United ber 1, 1942. located, while the duplicate copies of the States (see Regulations 34 [Part 450. ___The floor stocks tax on unstamped return and separate inventories shall be Title 26, Code of Federal Regulations ] ), large cigars intended to retail at more retained at such place of business. the taxes apply also without regard to that 2 Yz cents but not more than 4 cents Cigars and cigarettes, subject to floor the disposition of the large cigars, or each, may be paid by the use of large stocks tax, are regarded as held by the large or small cigarettes on or after cigar stamps of class B, purchased prior owner thereof at the first moment of November 1, 1942. to November 1,1942. The floor stocks tax November 1, 1942, although at that time The terms “large cigars” and “large on unstamped large cigars intended to the articles are in transit to the owner, cigarettes” mean cigars and cigarettes retail, at more than 4 cents each shall be or in a warehouse, storeroom, or dis­ weighing more than three pounds per paid only by the use of the appropriate tributing depot, and shall be included thousand, and the term “small ciga­ large cigar stamps of classes C, D, E, F, in the inventory and return of the owner. rettes” means cigarettes weighing not and G purchased at the rates in effect Where title does -not pass to the con­ more than three pounds per thousand. on and after November 1, 1942. For this signee until delivery, articles in transit [Art. 2001 purpose, manufacturers and importers at the first moment of November 1,1942, are regarded as owned or held by the § 140.201 Rates of tax— (a) Large having large cigar stamps of the classes C, D, and E purchased at the rates in consignor at that time. cigars. The rates of floor stocks tax The required return shall be filed and applicable to large cigars are as follows: effect prior to November 1,1942, may at their option surrender such stamp« to tax shall be paid on or before December If made to sell at retail at: Rate per 1,000 31, 1942. Failure to file the return and Not more than 2 y2 cents each______$0.50 the collector for the district in which the stamps are held to be exchanged for an pay the tax due thereon within the time More than 2 y2 cents each and not specified will subject the taxpayer to the more than 4 cents each______1.00 equal value of new stamps, or to be re­ More than 4 cents each and not more deemed in accordance with the provisions penalties set forth in § 140.205 [article than 5 cents each______2.00 of § 140.116 [article 116], [Art. 2023 205]. More than 5 cents each and not more The oath required on Form 187, Re­ . than 6 cents each______1.00 § 140.203 Return— (a) General. vised October 1942, or Form 188, Revised More than 6 cents each and not more Every person who held stamped large "October 1942, may be administered by than 8 cents each______'_____ 4.00 cigars or large or small cigarettes for sale any person authorized to administer More than 8 cents each and not more on the first moment of November 1,1942, oaths for general purposes, or by a dep­ than 15 cents each______.___;_____ 5.00 shall make and file a return of the cigars More than 15 cents each and not uty collector or internal revenue agent. more than 20 cents each______4.50 and cigarettes so held. The return shall I f the amount of tax shown to be due More than 20 cents each______6.50 be made on Form 188, Revised October by the return is $10 or less, the return 1942, by manufacturers and importers, may be acknowledged before two sub­ These rates are equal to the increases and on Form 187, Revised October 1942, scribing witnesses instead of under oath. in the rates of tax made applicable to by persons other than manufacturers (b) Manufacturers and Importers. In large cigars by section 2000 (c) of the and importers. addition to the requirements set forth Internal Revenue Code, as amended by Where taxable stamped cigars or cig­ in subsection (a) of this article, a manu­ section 605 of the Revenue Act of 1942. arettes are held at only one place of facturer or importer shall, for the pur­ (b) Large and small cigarettes. The business, the return shall be prepared in pose of the payment of the tax specified rate of floor stocks tax applicable to large duplicate. The original return shall be In 1 140.202 [article 2023 include in his 9070 FEDERAL REGISTER, Saturday, November 7, 1942 return an inventory of all unattached [T. D. 5179] That if the President after receipt by him of a request from the Government of the Com­ cigarette stamps and all large cigar P ar t 306—P r o c e s s in g T a x o n C e r t a in monwealth of the Philippine Islands that O i l s stamps of class A held at the first mo­ the suspension of section 2470 (a) (2) be Subchapter C— Miscellaneous Excise Taxes ment of November 1, 1942, and of all terminated, shall find that adequate supplies such stamps ordered and paid for at the AMENDMENTS of copra, coconut oil, or both, the product rates in effect on October 31, 1942, but Amending Regulations 48 as made ap­ of the Philippine Islands, Tire readily available for processing in the United States, he shall not received until after the first moment plicable to the Internal Revenue Code by Treasury Decision 4885. so proclaim; §nd thirty days after such proc­ of November 1, 1942. lamation, the suspension of section 2470 (a) In order to conform Regulations 48 (2) of the Internal Revenue Code, shall (c) Records. Every person required [Part 306, Title 26, Code of Federal Reg­ by this chapter to keep any copy of any terminate. ulations], relating to the processing tax Sec. 2. This Act shall become effective the return or separate inventory, shall keep on certain oils, as made applicable to day following its enactment, and shall ter­ such copy as part of his records, and in the Internal Revenue Code (53 Stat. Part minate on June 30, 1944. addition shall keep at each separate 1) by Treasury Decision 4885 [Part 465, P a r . 4. § 306.3 (c) [Article 3 (c) of premises for which inventory is filed, Subpart B, Title 26, Code of Federal Reg­ such Title 261, as amended by Treasury complete and accurate records showing ulations, 1939 Sup.], approved February Decision 4817, is amended to read as the details of the inventory, and how and 11, 1939, to the provisions of sections 601 follows: by whom the inventory was taken. and 621 of the Revenue Act of 1942 (Pub­ Such records shall be retained for a lic Law 753, 77th Congress, 2d Session), § 306.3 Imposition of the tax. * * * period of at least four years from De­ and to the Act approved September 16, (c) Exception. No tax is imposed on cember 31,1942, and shall at all times be 1942 (Public Law 711, 77th Congress, qd. the use of palm oil, (1) in the manufac­ open for inspection by internal revenue Session), such regulations ax^^UfEHer ture of tin plate, (2) on or after July 1, officers. [Art. 2031 amended as follows: 1938, in the manufacture of terne plate, nor, (3) on or after November 1, 1942, P a r a g r a ph 1. Immediately preceding § 140.204 Refunds. A claim for re­ in the manufacture of iron or steel prod­ fund may be filed by any person who has article 1 [§ 306.1 of such Title 26] there is inserted the following: ucts. Likewise no tax is imposed on any paid a floor stocks tax on cigars or ciga­ use on or after July 1, 1938, of palm oil rettes (including unattached cigar and Sb» . 601 Effective date o f t h is t it l e . (Revenue Act of 1942, Title VI.) This title residue resulting from the use of palm oil cigarette stamps) and who claims that shall take effect on the first day of the first in the manufacture of tin plate or terne he made an overpayment or an erro­ month which begins more than 10 days plate, nor to any use on or after Novem­ neous payment of such tax. Such claim after the date of the enactment of this Act. ber 1, 1942, of palm oil residue resulting must be made under oath on Form 843, Sec. 621. Ex e m p t io n f r o m processing t ax from the use of palm oil in the manufac­ contain the information required by the OF PALM OIL USED IN MANUFACTURE OF IRON ture of iron or steel products. form, and be supported by a statement of or steel products. (Revenue Act of 1942, Title VI.) P a r . 5. § 306.6 [Article 6 of such Title the facts and evidence upon which the 26], as amended by Treasury Decision claim is based. The claim shall be filed Section 2477 (relating to definition of first domestic processing) is amended to read as 4695, approved September 11, 1936, is with the collector of internal revenue to follows: further amended to read as follows: whom the tax was paid. [Art. 204] S ec. 2477. F ir s t d o m estic processing de­ § 306.6 Rate of tax. (a) The tax is § 140.205 The f in e d . For the purposes of this chapter, the Penalties and interest. term “first domestic processing” means the 3 cents per pound with respect to coco­ penalty under section 3612 (d) (1) and first use in the United States, in the manu­ nut oil, palm oil, palm-kernel oil, fatty (e) of the Internal Revenue Code for de­ facture or production of an article intended acids derived from any of the foregoing linquency in filing a return is 5 per cent for sale, of the article with respect to which oils, salts of any of the foregoing, or any of the amount of the tax if the failure is the tax is imposed, but does not include combination or mixture containing a sub­ for not more than 30 days, with an addi­ the use of palm oil in the manufacture of iron or steel products, or tin plate, or terne stantial quantity of any one or more of tional 5 per cent for each additional 30 such oils, fatty acids, or salts. days or fraction thereof during which plate, or any subsequent use of palm oil residue resulting from the manufacture of (b) For the period ended 12:00 mid­ failure continues, not to exceed 25 per iron or steel products, or tin plate or terne night, Eastern War Time, September 16, cent in the aggregate. The penalty does plate. 1942, the applicable statute imposes an not apply where the return is later filed P a r . 2. Article 1 (m) (4) [§ 306.1 (m) additional tax of 2 cents per pound upon and failure to file the return within the (4) of such Title, 26], as amended by the first domestic processing of coconut prescribed time is shown to the satisfac­ Treasury Decision 4817, approved June oil or any combination or mixture con­ tion of the Commissioner to be due to 20, 1938, is further amended to read as taining a substantial quantity of coconut reasonable cause and not to willful follows: oil with respect to which there has been neglect. (m) Use. * * * no previous first domestic processing, Where an assessment of the floor (4) The use of the oil or oils in con­ except coconut oil (whether or not stocks tax is made, and payment is not nection with any process or stage of the contained in such a combination or mix­ made in full within 10 days after is­ manufacture or production of an article ture) wholly the production of, or pro­ suance of the first notice and demand intended for sale, even though the oil duced wholly from materials the growth (Form 17), there will accrue, under sec­ is not consumed therein or does not or production of, the Philippine Islands tion 3655 of the Internal Revenue Code, become a component material of the ar­ or any other possession of the United a 5 per cent penalty and interest at the ticle so produced. The tax does not States. Effective as of 12:01 Eastern War rate of 6 per cent per annum computed apply to the use of palm oil, (1) in the Time, September 17,1942, such additional upon the entire unpaid portion of the manufacture of tin plate, (2) on or after tax is suspended until 12:00 midnight, assessment from the date of issuance of July 1, 1938, in the manufacture of Eastern War Time or Eastern Standard Form 17 until date of payment. terne plate, or (3) on or after November Time (whichever is then in effect) June In case a false or fraudulent inventory 1, 1942, in the manufacture of iron or 30, 1944, unless the suspension is termi­ and return is willfully made, the penalty steel products. Likewise the tax does nated prior thereto in accordance with under section 3612 (d) (2) and (e)* of not apply to any use on or after July 1, the provisions of the Act approved Sep­ the Internal Revenue Code is 50 per cent 1938, of palm oil residue resulting from tember 16, 1942 (Pub. Law 711, 77th of the total tax due. the use of such oil in the manufacture Congress). [Art. 6] The several criminal penalties set out of tin plate, or terne plate, or to any (Sec. 621 of the Revenue Act of 1942,•« in § 140.113 [article 113], are also appli­ use on or after November 1,1942, of palm the Act of September 16,1942, and I.R.C. cable to the floor stocks tax. x [Art. 205] oil residue resulting from the use of such 3791, 53 Stat. 467; 26 U.S.C. 3791) ' [ s e a l ] N o r m a n D. C a n n , oil in the manufacture of iron or steel [ s e a l ] N o r m a n D. C a n n , Acting Commissioner products. Acting Commissioner of of Internal Revenue. P a r . 3. Immediately preceding § 306.2 Internal Revenue. Approved: November 4, 1942. [article 2 of such Title 261, there is in­ Approved: November 4, 1942. J o h n L . S u l l i v a n , serted the following: J o h n L . S u l l i v a n , Acting Secretary of the Treasury. Act Approved September 16, 1942. Public Law 711— 77th Congress 2d session. Acting Secretary of the Treasury. [P. R. Doc. 42-11545; Piled, November 5,1942; That section 2470 (a) (2) of the Internal [F. R. Doc. 42-11544; Filed, November 5, 1942; 3:41 p. m.] Revenue Code is hereby suspended: Provided, 3:41 p. m.] FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9071

TITLE 30—MINERAL RESOURCES T emporary and Conditionally Final Effective M inim um P rices for D istrict N o. 1 Chapter III—Bituminous Coal Division N o t e : The material contained in this supplement is to be read in the light of the classi­ fications, prices, instructions, exceptions and other provisions contained in Part 321, Minimum Part 321—M inim um Price Schedule, Price Schedule for District No. 1 and supplements thereto. District N o. 1 FOR ALL SHIPMENTS EXCEPT TRUCK [Docket No. A-1635J ORDER GRANTING RELIEF, ETC. § 321.7 Alphabetical list of code members—Supplement R [Alphabetical listing of code members having railway loading facilities, showing price classifications by size group Order granting temporary relief and t numbers) conditionally providing for final relief in Freight the matter of the petition of George F. Mine Sub- index Shipping origin Wall work requesting the establishment Code member Mine name district Seam Railroad 1 2 3 4 5 No. pomi group of price classifications and minimum No. No. prices for the mixed coals of the Wallco No. 2 Mine of George F. Wallwork and 3133 Wallwork Coal Com­ Sligo______4 B Sligo, Pa.. PRR ___ SO

Prices and size group numbers

Mine index Code member index Mine Seam No. 10, 18, 32, 23 24 25 26 27 28, 30 31 34 1 2 3 4 5 6 7 8 9 11, 13 14 15 16 17 19, 21 22 29 33 12 20

KNOX COUNTY Knox Consolidated Coal Corporation...... 1350 Knox No. 5...... 5 255 250 245 235 230 225 185 190 180 175 155 145 90 60 190 185 190 180 180 170 Ì40 165 155 115 170 160 120 145

[F. R. Doc. 42-11523; Filed, November 5, 1942; 11:34 a. m.] F E D E R A L R E G IS T E R , , R E T IS G E R L A R E D E F

[Docket No. A-1678] requesting the establishment, both tem­ It is ordered, That, pending final dis­ the Division within forty-five (45) days from the date of this order, pursuant to Part 331— M inim um P rice Schedule/ porary and permanent, of price classi­ position of the above-entitled matter, D istrict N o. 11 fications and minimum prices for the temporary relief is granted as follows: the Rules and Regulations Governing coals of certain code members in District Commencing forthwith, § 331.24 (Gen­ Practice and Procedure before the Bitu­ ORDER GRANTING RELIEF, ETC. No. 11; and eral prices in cents per net ton for ship­ minous Coal Division in Proceedings In­ Order granting temporary relief and It appearing that a reasonable show­ ment into aU market areas) is amended stituted Pursuant to section 4 II (d) of conditionally providing for final relief ing of necessity has been made for the the Bituminous Coal Act of 1937. in the matter of the petition of District granting of temporary relief in the man­ by adding thereto Supplement T, which supplement is hereinafter set forth and It is further ordered, That the relief Board No. 11 for the establishment of ner hereinafter set'forth; and herein granted shall become final sixty price classifications and minimum prices No petitions of intervention having hereby made a part hereof. (60) days from the date of this order, for coals produced in District No. 11. been filed with the pivision in the above- It is further ordered, That pleadings in An original petition, pursuant to sec­ entitled matter; arid opposition to the original petition in the unless it shall otherwise be ordered. tion 4 n (d) of the Bituminous Coal The following action being deemed above-entitled matter and applications to Dated: October 29, 1942. Act of 1937, having been duly filed with necessary in order to effectuate the pur­ stay, terminate or modify the temporary [ s e a l] D a n H . W h eeler , y a rd tu a S this Division by the above-named party* poses of the Act; relief herein granted may be filed with Director.

T emporary and Conditionally Final Effective M inim um P rices for D istrict No. 11 N ote: The material contained in this supplement is to be read in the light of the classifications, prices, instructions, exceptions and other provisions contained in Part 331, Mini­ mum Price Schedule for District No. 11 and supplements thereto. , FOR TRUCK SHIPMENTS 1942 7, r e b m e v o N § 331.24 General prices in cents per net ton for shipment into all market areas—Supplement T

Prices and size group Nos.

M in e Code member index index M in e Seam 10, 18, N o . 27 28, 32, 1 2 3 4 5 6 7 8 9 11, 13 14 15 16 17 19, 21 22 23 24 25 26 29 30 31 33 34 12 20

CLAY COUNTY > 1363 5 255 250 245 235 230 225 185 190 180 175 155 145 90 60 CLAY-StrmVAN CCPCJNTIES 1361 5 255 250 245 235 230 225 185 190 175 170 140 130 75 45

GREENE COUNTY f 1357 5 255 250 245 235 230 225 185 190 180 175 155 145 90 60 1345 SB 280 265 260 250 245 240 210 210 190 180 160 150 85 55 PERRY COUNTY 1364 5 255 250 245 235 230 225 185 190 180 175 155 145 90 60 SPENCER COUNTY 1358 5 255 250 245 235 '230 225 ,185 190 18Ò. 175 155 145 90 60

[F. R. Doc. 42-11524; Filed, November 5, 1942; 11:34 a. m.] [Docket No. A-1625] R-IV, § 333.25 (Special prices— (b) Prices T emporary and Conditionally Final Effective M inim um P rices for D istrict N o. 13 P art 333—M inim um P rice Schedule, for shipment to all railroads for locomo­ N o t e : The material contained in these supplements is to be read in the light of the D istrict No. 13 tive fuel, station heating, power plants classifications, prices, instructions, exceptions and other provisions contained in Part 333, ORDER GRANTING RELIEF, ETC. and other uses) is amended by adding Minimum Price Schedule for District No. 13 and supplements thereto. thereto Supplement R-V, § 333.27 (Prices Order granting temporary relief and FOR ALL SHIPMENTS EXCEPT TRUCK conditionally providing for final relief in for shipment by river (free alongside) § 333.6 General prices—Supplement R -I the matter of the petition of District for all uses (except for railway locomotive fuel) for delivery via the Tennessee River [Prices f. o. b. mines for shipment by railroad, applicable for all uses except railroad locomotive fuel, steamship Board No. 13 for the establishment of bunker fuel and blacksmithing] price classifications and minimum prices to f. a. s. consumers in the States of Ten­ nessee and Alabama) is amended by add­ Mine for certain District No. 13 coals. Freight ing thereto Supplement R-VI, § 333.34 index Code member Mine Subdistrict Seam An original petition, pursuant to sec­ No. origin tion 4 II (d) of the Bituminous Coal Act (General prices in ce'-ts per net ton for group shipment into all market areas) is of 1937, having been duly filed with this JEFFERSON COUNTY, ARA. Division by the above-named party, re­ amended by adding thereto Supplement T -I, and § 333.43 (General prices ih cents >1661 Harden & Abney (Walter D. Harden)... Lucky Strike...... 1 , R E T IS G E R L A R E D E F questing the establishment, both tempo­ s1662 B0 Henderson, B. D. Coal Company (J. Henderson...... 1 Mary Lee...... 60 rary and permanent, of price classifica­ per net ton for shipment into all market M . Henderson). 31250 Moorer. Bert______1 tions and minimum prices for the coals areas) is amended by adding thereto 10 of certain mines in District No. 13, in­ Supplement T -II, which supplements are MARION COUNTY, ALA. hereinafter set forth and hereby made a cluding rail prices for Drummond #3 ♦ 763 Butler, Clarence...... 1 Mine, Mine Index No. 640, operated by part hereof. «764 Butler, Clarence...... 1 60 Ed Pledger, successor to Jim Manasco, It is further ordered, That pleadings TUSCALOOSA COUNTY, AI.A. in opposition to the original petition in Mine Index No. 626. «1539 the above-entitled matter and applica­ Griffin, E. B. (E. B. Griffin Coal Co.).. Griffin...... 1 It appearing that a reasonable showing 71678 Griffin, E. B. (E. B. Griffin Coal Co.).. Pumphrey No. 2___ 1 Carter...... 44 tions to stay, terminate or modify the 71£73 Griffin, E. B. (E. B. Griffin Coal Co.). Wilbur House...... 1 of necessity has been made for the grant­ «1674 Griffin, E. B. (E. B. Griffin Coal Co.).. Griffin No. 2...... 1 Brookwood...... 44 ing of temporary relief in the manner temporary relief herein granted may be filed with the Division within forty-five 1 Shipping Point: Brookside, Ala. Railroad: Sou. Ry. This mine shall have in Size Groups 1,13 and 23, on each hereinafter set forth; and respective price table, the same prices as are listed in those respective size groups for Mine Index No. 71 (Brookside- .(45) days from the date of this Order, Pratt Mining Company, Blossburg “ E” mine, Minimum Price Schedule). No petitions of intervention having * Shipping Point: Littleton. Ala. Railroad: Sou. Ry. This mine shall have in Size Groups 1 and 2, on each re­

pursuant to the Rules and Regulations y a rd tu a S been filed with the Division in the above- spective price table, the same prices as are listed in those respective size groups for Mine Index No. 31 (Stith Coal Governing Practice and Procedure before Company, Aldridge Shaft mine, Minimum Price Schedule): and in Size Groups 7,11, 13,19, 20, 21, 22 and 23, on each entitled matter; and such table, this mine shall have prices which are 10* less than those respectively listed in Size Groups 6,10,12,14,15. the Bituminous Coal Division in Proceed­ 16,17 and 18 for said Mine Index No. S tr ' The following action being deemed ings Instituted Pursuant to section 4 II * Shipping Point: McCombs, Ala. Railroad: C of G. This mine shall have in Size Group 13, on each respective necessary in order to effectuate the pur­ price table, the same price as is listed for Mine Index No. 71 (Brookside-Pratt Mining Company, Blossburg “E” (d) of the Bituminous Coal Act of 1937. mine, Minimum Price Schedule). poses of the Act; ‘

♦Shipping Point: Brilliant, Ala. Railroad: I. C. R. R. New shipping point, railroad and Freight Origin , It is further ordered, That the relief Group. Shipping point at Glen Allen, Ala., on the St. L.-S. F. in Freight Origin Group 101 shall no longer be I t is ordered, That pending final dis­ r e b m e v o N herein granted shall become final sixty applicable. position of the above-entitled matter, * Shipping Point: Brilliant, Ala. Railroad: I. C. R. R. This mine shall have in Size Groups 1, 2, 4,6,17 and 18, (60) days from the date of this Order, on each respective price table, the sdme prices as are listed in those respective size groups for Mine Index No. 18 (Bril­ temporary relief is granted as follows: unless it shall otherwise be ordered. liant Coal Company, Brilliant mine, Minimum Price Schedule ): and in Size Group 7, on each such table, this mine Commencing forthwith § 333.6 (General shall have a price which is 10* less than is listed in Size Group 6 for said Mine Index No. 18. New shipping point, The price classifications and minimum railroad, and Freight Origin Group. Shipping point at Glen Allen. Ala., on the St. L.-S. F. in Freight Origin Group prices) is amended by adding thereto 101 shall no longer be applicable. prices set forth in the schedules attached * Shipping Point: Brookwood, Ala. Railroad: L. A N . This mine shall have in Size Groups 19,20and21, on each

Supplement R -I, § 333.7 (Special prices— 7, are based upon the price classifications respective price table, the same price as is listed in Sisie Group 15 for Mine Index No. 17 (Southern Coal and Coke (a) Prices for shipment to all railroads Company, Boothton mine. Minimdm Price Schedule): and in Size Group 22, on each such table, this mine shall have and minimum prices in effect on October the same price as is listed in Size Group 17 for said Mine Index No. 17. New shipping point, but without change in and for exclusive use of railroads) is 1, 1942 for comparable and analogous railroad or Freight Origin Group. Shipping point at North Ala. Junction, Ala., shall no longer be applicable. 1942 amended by adding thereto Supplement Shipping Point: Brookwood, ^Ala. Railroad: L. & N. These mines shall have in Size Groups 1, 2 and 4, on each coals and already reflect the changes respective price table, the same prices as are listed in those respective size groups for Mine Index No. 17 (Southern

R -II, § 333.7 (Special prices— (c) Prices made in minimum prices by the Acting Coal and Coke Company, Boothton mine, Minimum Price Schedule): and m Size Group 9073 7, on each such table, these for shipment by railroad, applicable to Director's Order of August 28, 1942, 7 mines shall have a price which is 10* less than is listed in Size Group 6 for said Mine Index No. 17: and in Size Groups 19, 20, 21, 22 and 23, on each such table, these mines shall have prices which are the same as those respectively all coal sold for steamship vessel fuel) F.R. 6943, in General Docket No. 21. listed in Size Groups 15, 15, 16, 17 and 18 for said Mine Index No. 17. These mines shall have in Size Group 13, on is amended by adding thereto Supplement Dated: October 23,1942. each respective price table, the same price as is listed thereon for Mine Index No. 9 (Black Diamond Mining Co„ Blocton No. 9 mine, Minimum Price Schedule. R-III, § 333.24 (General prices) is [ seal! D an H. W heeler, * Shipping Point: Brookwood, Ala. Railroad: L. & N . This mine shall have in Size Groups 13,19, 20, 21, 22 and amended by adding thereto Supplement 23, on each respective price table, the same prices as are listed in those respective size groups for Mine Index No. 40 Director. (Twin Seam Mining Company, No. 5 Searles mine, Minimum Price Schedule). § 333.6 General prices—Supplement R -I—Continued § 333.7 Special prices— (c) Prices for shipment by railroad, applicable to all coal 9074 sold for steamship vessel fuel—Supplement R -III Mine Freight [Sub-District No. 1. Prices f. o. b. mines for shipment by railroad, applicable to all coal sold for steamship vessel index Code member Mine Subdistrict Seam origin „ fuel subject to price instructions and exceptions] No. group Size groups and prices applicable for steamship vessel fuel WALKER COUNTY, ALA. Mine index No. * •1672 Alta Coal Co., Inc 1 80 14, 15, 16, 101667 Crenshaw, E. P___ 1 80 Mine Group 17,18 12 13 »1663 Jackson & Nix (Lewis D. Jackson) ._ 1 #7 (Mary Lee)___ 110 11640 Pledger, E d______1 80 181660 Keithley, M. C____ 1 50 640,1672...... a Black Creek____ ...... 315 315 141666 Prüden, L. G ______1 50 1539,1578,1673...... Cahaba...... 300 300 1661...... Pratt...... 305 305 300 1660,1662,1666...... 275 * Shipping Point: Sumiton, Ala. Railroad: St. L.-S. F. This mine shall have in Size Groups 1, 2, 4, 6, 8,10,17, x? 8 „ 011 ea°h respective price table, the same prices as are listed in those respective size groups for Mine Index No. 22 (DeBardeleben Coal Corporation, Empire mine, Minimum Price Schedule). 10 Shipping Point: Dora, Ala. Railroad: St. L.-S. F. This mine shall have in Size Group 13, on each respective § 333.24 General prices—Supplement R -IV , R E T IS G E R L A R E D E F Price table, a price which is 100 less than is listed in Size Group 12 for Mine Index No. .31 (Stith Coal Company, Aldridge Shaft mine. Minimum Price Schedule). \ 'Prices f. o. b. mines for shipment by railroad, applicable for all uses except railroad locomotive fuel, steamship 11 Shipping Point: Nauvoo, Ala. Railroad: Sou. Ry. This mine shall have in Size Groups 1 and 2, on each re­ bunker fuel, and blacksmithing] spective price table, the same prices as are listed in those respective size groups for Mine Index No. 31 (Stith Coal' Company, Aldridge Shaft mine, Minimum Price Schedule): and in Size Groups 7,13,19,22 and 23, on each such table, this mine shall have prices which are 1Q0 less than those respectively listed in Size Groups 6,12,14,17 and 18 for said Mine Freight Mine Index No. 31. T index Code member Mine Subdistrict Seam origin i» Shipping Point: Rosemary, Ala. Railroad: St. L.-S. F. This mine shall have in Size Groups 1, 2, 4 and 6, on No. group each respective price table, the same prices as are listed in those respective size groups for Mine Index No. 22 (De Bardeleben Coal Corporation, Empire mine, hiinimum Price Schedule): and in Size Group 7, on each such table, this mine shall have a price which is 100 less than is listed in Size Group 6 for said Mine Index No. 22: and in Size GRUNDY COUNTY, TENN. Groups 17 and 18, on each such table, this mine sh^ll have the same prices as are listed in those respective size groups for said Mine Index No. 22: and in Size Group 26, on each such table, this mine shall have the same price as is listed 1679 Henderson, A. L ______Nyack #2___ ...... 3 140 thereon for said Mine Index No. 22. This mine shall have in Size Group 12, on each respective price table, a price 1680 Henderson, A. L ...... Jakes Gulch_____...... 3 140 which is 200 higher than is listed in Size Group 13 for Mine Index No. 14 (Galloway Coal Company, Hope mine, Minimum Price Schedule): and in Size Group 13, on each such table, this mine shall have a price which is 100 higher than is listed thereon for said Mine Index No. 14: and in Size Group 20, on each such table, this mine shall have the Shipping Point: Palmer, Tenn. Railroad: N . C. & St. L. On each respective price table, each of the above mines same price as is listed in Size Group 13 for said Mine Index No. 14. This mine shall have in Size Group 15, on1 each shall have in each size group the same respective price as is shown for Mine Index No. 94 (Sewanee Fuel & Iron Co. of respective price table, a price which is 150 higher than is listed in Size Group 15 for Mine Index No. 11 (Hills Creek Tennessee, Nyack mine, Minimum Price Schedule). Coal Co., Hills Creek mine, Minimum Price Schedule). ** Shipping Point: Burnwell, Ala. Railroad: Sou. Ry. This mine shall have in Size Group 1, on each respective § 333.25 Special prices— (b) Prices for shipment to all railroads for locomotive r e b m e v o N , y a rd tu a S price table, the same price as is listed thereon for Mine Index No. 31 (Stith Coal Company, Aldridge Shaft mine, Minimum Price Schedule): and in Size Groups J3, 22 and 23, on each such table, this mine shall have prices which are fuel, station heating, power plants and other uses—Supplement R-V 100 less than those respectively listed in Size Groups 12, 17 and 18 for said Mine Index No. 31. [Subdistrict No. 3. Prices f. o. b. mines for shipment to all railroads for locomotive fuel, station heating, power 14 Shipping Point: Burnwell, Ala. Railroad: Sou. Ry. This mine shall have in Size Group 1, on each respective plants and other uses] price table, the same price shown thereon for Mine Index No. 31 (Stith Coal Company, Aldridge Shaft mine, Mini­ mum Price Schedule): and in Size Groups 7,13, 21, 22 and 23, on each such table, this mine shall have prices which are 100 less than those respectively listed in Size Groups 6, 12, 16, 17 and 18 for said Mine Index No. 31. This mine For mines in subdistrict No. 3 Size Price shall have in Size Group 9, on each respective price table, a price which is 100 less than is listed in Size Group 8 for Mine Index No. 33 (Galloway Coal Company, Holly Grove mine, Minimum Price Schedule). Mine index number: • § 333.7 Special prices— (a) Prices for shipment to all railroads and for exclusive /For all sizes except screenings______250 use of railroads—Supplement R -II 1679-1680...... \Screenings with top size not more than 2 " ...... 245 [Prices f. o. b. mines for shipment to all railroads and for exclusive use of railroads. The following prices apply oh coal for use in railroad locomotives and powerhouse plants. For station heating, use in dining cars, or other uses than stated above, commercial prices as listed in other sections of this price schedule shall apply] 7, For all mines in Sub-District No. 1. For all sizes customarily furnished railroads for locomotive fuel.

St. Louis St. Louis «© and San and San Francisco Francisco All other Seaboard 1 Central i Railroad Railroad railroads Mine index No. 1 Air Line for consign­ for consign­ A. B. & C. of Georgia Railroad not spe­ . Railway ment west ment east cifically v f, 1 of the Mis- of the Mis- shown sissippi sissippi River River

1250 ...... 273 230 250 250 640, 1578,1660,1661,1662,1663,1666,1672, 1673, 1674...... 250 250 230 250 250

1 Prices listed for Central of Georgia and Seaboard Air Line Railways shall also apply to controlled subsidiaries whose purchases of coal are directly made by the controlling system. § 333.27 Prices for shipment by river (free alongside) for all uses (except for railway locomotive fuel) for delivery via the Tennessee River to F. A. S. consumers in the States of Tennessee and Alabama— Supplement R-VT

Stoker: Stoker: Nut: top top Lump: Egg: top size size top size size 2" VA" H" Straight Re­ R e-. Screen­ Screen­ Screen­ Screen­ over 5" and Lump: and and and sult­ Screen­ ings: ings: ings: 2" ; egg: and sult­ ings: ings: Indus­ under, 2" and under, under, under, modi- ants: an ts: 1 w m u w w trial Mine top bot. size 2" and Code member index Mine County Seam size under' bot. bot. bot. 1 fied 5" and 4" and under and and and and coal index No. 2" and size 1" size size M/R under under under under under undef , over 5" under and W w under and, and under under

1 2 3 4 5 & 7 8 9 10 11 12 13 14 15 », *

MNNESSEE-GEORGIA

Subdistrict 6 , R E T IS G E R L A R E D E F

Chapman, H. J...... Chapman..-...... 1594 345 345 335 290 280 275 265 205 265 255 255 245 235 205 290 McNeece, V. M ...... McNeece #2...... 1658' Marion...... Sewanee______— 345 345 335 290 280 275 265 265 265 235 235 235 230 195 290

FOR TRUCK SHIPMENTS § 333.34 General prices in cents per net ton for shipment into all market areas—Supplement T -I

Chestnut: Chestnut: Run of Lump: Nut: Top size« Top size 3" Top size W t" mine Screenings: Over Egg: 3" and under, ana under, and under, modi­ Resultants: 1)4" and 2"; . Top Lump: bottom size bottom size bottom size fied | 3" and under under Indus­ Egg: size 6" 2" and over y i" and under R/M trial Mine index and - J4" and under Y i" Code member index Mine Seam Top under coal No. Subdistrict under over 6" Wash Raw •Wash Raw Wash Raw Raw Wash Raw Wash Raw ur November e b m e v o N , y a rd tu a S 1 2 3 6 7 8 9 10 11 13 17 22 18 23 24-25-26

A labam a

JEFFERSON COUNTY

H a r d « & Abney (Walter D. Harden)...... Lucky Strike...... 1661 2 355 355 355 350 340 340 325 335 320 295 300 280 295 270 295 Henderson, B. D. Coal Company (J. M . Hender- Henderson______1662 2 305 305 305 325 305 310 290 300 280 255 265 230 260 210 255 son). v MARION COUNTY Holt, A. F ...... - Black Pearl #3;__ 1675 2 415 415 390 365 ' 345 345 335 340 330 320 305 295 295 255 320 TUSCALOOSA COUNTY

Griffin, E. B. (E. B. Griffin Coal Co.)...... Griffin #2...... 1674 2 305 306 305 325 305 310 290 300 280 255 265 230 260 210 255 Griffin, E. B. (E. B. Griffin Coal Co.)______1673 2 385 385 370 375 355 340 330 325 315 315 305 295 295 280 315 7, WALKER COUNTY 1942

Alta Coal Co., Inc...... 1672 , 2 440 440 380 345 345 320 310 340 Crenshaw, E. P ...... -...... No. 15 1667 9 2 305 305 305 325 305 310 2Ö0 300 280 255 265 230 260 210 255 Jackson & Nix (Lewis D. Jackson)...... 1663 2 17 (Mary Lee)___ 3Ö5 305 305 325 305 310 290 300 280 255 265 9075 230 260 210 255 Keithley, M. C ...... 1660 2 305 305 805 ^¡25 305 310 290 300 280 255 265 230 260 210 255 Davis, J. W ...... 1656 2 415 415 390 365 345 345 335 340 330 320 305 295 295 255 320 Prüden, L. G ...... 1666 2 305 305 305 325 305 310 290 300 280 255 265 230 260 210 255

> , \ «

§ 333.43 General prices in cents per net ton for shipment into all market areas—Supplement T -II 9076

Stoker: Stoker: Nut: top top top size Lump: Egg: size top size size 2" 1H" H" Straight Re­ Re­ Screen­ Screen­ Screen­ Screen­ over Lump: Screen­ 5" and and and and and sult­ sult­ ings: ings: ings: ings: ings: Indus­ 2"; egg: under; 2" and under; under: under; modi­ ants: ants: Mine top 2" and VÁ" f i i " X" W trial index Subdistrict Seam bot. size under bot. bot. bot. fied 5" and 4" and under and 'and and and coal Code member Index Mine size size 1" size size M/R under No. over 5" 2" and under under under under under under and X," H" under and and under under

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

T ennessee-G eorgia % GRUNDY COUNTY, TENN. , R E T IS G E R L A R E D E F 1680 4 'Sewanee...... 345 345 335 290 280 275 265 265 265 235 235 235 230 195 290 1679 4 Sewanee...... 345 345 335 290 280 275 265 265 265 235 235 235 230 195 290 MARION COUNTY, TENN. ' McNeece, V. M ______McNeece #2...... J.____ 1658 4 Sewanee...... 345 345 335 290 280 275 265 265 265 235 235 235 230 196 290

[F. R. Doc. 42-11522; Piled, November 5,- 1942; 11:34 a. m.]

[Docket No. A-1657] No petitions of intervention having pursuant to the Rules and Regulations Petitioner requests the establishment P art 338— M inim um Price Schedule, been filed with the Division in the above- Governing Practice and Procedure be­ of a minimum price of $2.35 per ton for the coals of the Llaves Mine (Mine Index D istrict N o. 18 entitled matter; and fore the Bituminous Coal Division in Pro­ The following action being deemed ceedings Instituted Pursuant to section 4 No. 173) in Size Group 16 (railroad fuel) ur November e b m e v o N , y a rd tu a S ORDER GRANTING RELIEF, ETC. necessary in order to effectuate the pur­ II (d) of the Bituminous Coal Act of for shipment by truck, and by a footnote Order granting temporary relief and poses of the Act; 1937. limits the proposed price to apply only to conditionally providing for final relief in It is ordered, That, pending final dis­ It is further' ordered, That the relief coals 8 " x 0 in size. However, no mini­ the matter of the petition of District position of the above-entitled matter, herein granted shall become’ final sixty mum prices have heretofore been estab­ Board No. 18 for the establishment of temporary relief is granted as follows: (60) days from the date of this order, un­ lished for the coals in Size Group 16, pro­ price classifications and minimum prices Commencing forthwith, § 338.2 (Code less it shall otherwise be ordered. duced from other mines in Subdistrict 4 for the coals of certain mines in District member price index) is amended by add­ The price classifications and minimum of District No. 18, for shipment by truck, No. 18. ing thereto Supplement T-I, and § 338.21 prices set forth in the attached schedule nor does the original petition in this mat­ An original petition, pursuant to sec­ (General prices in cents per net ton for marked Supplement T - I and T -II are ter contain facts sufficient to warrant tion 4 II (d) of the Bituminous Coal Act shipment into all market areas) is based upon the price classifications and the establishment of the minimum price of 1937, having been duly filed with this amended by adding thereto Supplement minimum, prices in effect on October 1, requested therein for the coals of the Llaves Mine in that size group. Accord­ Division by the above-named party, re­ T -II, which supplements are hereinafter 1942 for comparable and analogous coals 7, questing the establishment, both tempo­ set forth and hereby made a part hereof. and already reflect the changes, if any, ingly, since no clear showing has been made that the granting of such relief is rary and permanent, of price classifica­ It is further ordered, That pleadings made in minimum prices by the Acting 1942 tions and minimum prices for the coals of in opposition to the original petition in Director’s Order of August 28,1942, 7 F.R. necessary, no minimum price is estab­ certain mines in District No. 18; and the above-entitled matter and applica­ 6943, in General Docket No. 21. Except lished herein for the coals of Llaves Mine It appearing that a reasonable showing tions to stay, terminate or modify the as otherwise stated herein, the minimum in Size Group 16. of necessity has been made for the grant­ temporary relief herein granted may be prices in the attached schedule do not Dated: October 29, 1942. ing of temporary relief in the manner filed with the Division within forty-five differ, except in this regard, from the v [ se al] D a n H. W h eeler , hereinafter set forth; and (45) days from the date of this order, minimum prices proposed by petitioner. Director. FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9077

Temporary a n d Conditionally P inal Effective M inim um P rices for D istrict N o. 18 date the month being scheduled or a N o t e : Tfie material contained in these supplements is to be read in the light of the previous month. Where 75 percent of classifications, prices, instructions, exceptions and other provisions contained in Part 338, the production of the size and type of Minimum Price Schedule for District No. 18, and supplements thereto. tool being scheduled for delivery in any month is greater than the total Type 1 FOR TRUCK SHIPMENTS orders received from all Service pur­ The following price classification and minimum prices shall be inserted in Mini­ chaser groups specifying that month or a mum Price Schedule for Distrct No. 18: previous month as the required delivery date, all such Type 1 orders shall be § 338.2 Code member price index—Supplement T-I. Insert the following listing scheduled for delivery in that month in proper alphabetical order: regardless of the effect on any Type 2 orders. The residue of such 75 percent Prices Mine Subdistrict shall be scheduled for delivery against Producer Mine Index County . Price No. Group Type 2 orders from the remaining Serv­ Rail Truck ice purchaser groups in accordance with the percentage quotas established by Ex­ 173 Rio Arriba, M . N ex... 4 §338,21 hibit A to this order, the “Air Services” Morgan, Billy...... Na-Disk-Kish____ 172 McKinley, N . Mex__ 1 , §338.21 quota becoming' an unabsorbed quota distributable in accordance with para­ FOR TRUCK SHIPMENTS graph (e) (5) of this order. (3) Where 75 percent of the produc­ § 338.21 General prices in cents per net ton lor shipment into all market areas— tion of the size and type of tool being Supplement T -II scheduled for delivery in any month is Insert the following code member names, mine names and counties under Sub­ less than the total Type l orders received districts Nos. 1 and 4, respectively, in proper alphabetical order, and the following from all Service purchaser groups specie- prices for transportation via truck: fying that month or a previous month as the required delivery date, no Type 2 Size groups orders shall be scheduled for delivery in Code member mine County that month. Where the Type 1 orders 1 2 _ 4 6 8 11 12 15 in such case are from more than one Service purchaser group, the distribution Subdistrict No'. 4, Kern, Lloyd Rio Arriba, N. M ex ...... 465 415 175 265 of such 75 percent of production be­ H., Llaves. tween the Type 1 orders from such groups Subdistrict No. 1, Morgan, Billy 465 440 415 365 315 205 185 340 Na-Disk*Kisb. shall be determined as follows: The per­ centage which 75 percent of the produc­ tion for that month constitutes of the [F. R. Doc. 42-11521; Filed, November 5, 1942; 11:34 a. m.] total Type 1 orders from all such Service purchaser groups shall be determined. Such percentage shall then be applied TITLE 32—NATIONAL DEFENSE WFB-1588, or otherwise, by the War Pro­ to the number of such Type 1 orders from each Service purchaser group in­ Chapter IX—War Production Board duction Board, or by any postponement thereof by the purchaser. volved, and the resultant number of Type Sabchapter B— Director General for Operations Type 1 orders shall include the fol­ 1 orders shall accordingly be scheduled Part 997—Production and D elivery of lowing: for delivery to such group. The particu­ lar Type 1 orders to be scheduled for __ M achine T ools (1) Any purchase order for delivery to any Service Purchaser in the “Air Serv­ each such Service purchaser group and [Amendment 3 to General Preference Order the sequence of their delivery shall be E -l-b ] ices” group (called “Air Forces” in Ex­ hibits A and B to General Preference determined by the Numerical Master Paragraph (c) of General Preference Order E -l-b ). “Air Services” includes Preference List, as amended by Revision Order E - l- b 1 (§ 997.2) is hereby the Army Air Forces, the Navy Bureau of No. 4 and corrections and additions amended to read as follows: Aeronautics, their respective prime con­ thereto, the operation of which is set forth in paragraph (i) of this order. (c) Production and delivery of ma­ tractors and subcontractors, and the U. S. Corps of Engineers with respect to (4) 25 percent of each producer’s pro­ chine tools during November 1942 and duction for each month of each size of until further notice. Notwithstanding purchases made for the account of the each type of tool shall continue to be any other provisions of this order, each Army Air Forces; and in addition scheduled for delivery to foreign pur­ producer shall schedule 75 percent of his thereto, chasers and other purchasers in ac­ production and delivery of each size of (ii) Any purchase' order for delivery cordance with the other provisions of each type of machine tool during the to any prime contractor listed on the this order. balance of the calendar month of No­ preferred customers'list (Exhibit C at­ vember 1942 and each month thereafter tached to this order) or any subcontrac­ (5) Immediately upon scheduling ma­ as follows, until further notice: tor of such a prime contractor. No pur­ chines for delivery in accordance with paragraphs (c) (2), (c) (3), and (c) (1) Each producer forthwith shall di­ chase order from a prime contractor on vide into two types all purchase orders the preferred customers list, or from his (4) of this order, each producer shall placed by each of the seven groups of subcontractors, shall be classed as a Type notify all purchasers of the new sched­ Service purchasers (Bureau of Ships, 1 order, however, unless the endorsement uled delivery dates which fall within Bureau of Ordnance, Ordnance Depart­ required by paragraph (b) of this order the period ending February 28, 1943. ment, Air Services,. Miscellaneous Bu­ to be placed by such purchaser on his (6) Notwithstanding the provisions of reaus and Branches, Maritime Commis­ purchase order, or the preference rating this paragraph (c ), the War Production sion, and Signal Corps) which specify as certificate itself if transferred to the Board from time to time may issue spe­ the required delivery date the month be­ producer, shows that the machine tool cific scheduling instructions to any pro­ ing scheduled or a previous month, such ordered is for use on the prime contract ducer. types being designated as Type 1 orders specified opposite the prime contractor’s (7) The four months rule established and Type 2 orders. The “ required de­ name on such Preferred Customers List. by paragraphs (d) (4) and (e) (5) of livery date” is the date specified on the Type 2 orders shall include all other this order, and the thirty and sixty endorsement accompanying the purchase purchase orders placed by Service pur­ day “frozen” periods established by para­ order, as changed by any subsequent in­ chasers which do not fall in Type 1 orders. graph (1) of this order, shall not be struction given on Form WPB-27, Form (2) The producer shall total all Type applied to Type 1 orders. All Type 1 1 orders from Service purchasers for the orders on hand on November 5, 1942 11 F.R. 3231, 3660, 4615, 5903, 6212, 6383, size and type of tool being scheduled, or received in the future shall immedi­ 7170. which specify as the required delivery ately be scheduled for delivery on their 9078 FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 required delivery dates or as soon there­ in need of “repair,” as the word is used (h), 50% of all looms operating on out­ after as posible without retarding pro­ in paragraph (a) (11). ing flannels on February 28, 1942 which duction. All Type 2 orders remain sub­ are required by this subparagraph (1) to (P.D. Reg. 1, as amended, 6 F.R. 6680; ject to the terms of this General Pref­ W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 be converted to the manufacture of bag sheetings (excluding the number of such erence Order E -l-b except as the de­ F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, livery dates on such orders may be ex­ 7 F.R. 2719; sec. 2 (a), Pub. Law 671, looms as, by reason of an appropriate tended by the rescheduling of Type 1 appeal are allowed to remain uncon­ 76th Cong., as amended by Pub. Laws 89 orders in accordance with this para­ and 507, 77th Cong.) verted to bag sheetings as of November 6, graph (c). 1942) shall, after November 6, 1942 and (8) All other provisions of this Gen­ Issued this 6th day of November 1942. prior to January 6, 1943, be converted eral Preference Order E -l-b not modi­ E rnest K a n zle r , back to the manufacture of outing flan­ fied by this paragraph (c) shall remain Director General for Operations. nels: And provided further, That 50% in full force and effect. of such looms as, by reason of an ap­ [F. R. Doc. 42-11579; Filed, November 6, 1942; propriate appeal, are allowed to remain (P.D. Reg. 1, as amended, 6 F.R. 6680; 11:44 a. m.] W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, unconverted to 'bag sheetings as of No­ 7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. vember 6, 1942, shall, upon the expira­ 9125, 7 F.R. 2719; sec. 2 (a), Pub Law tion of the authorization allowing such JPart 1133—M o l y b d e n u m 671, 76th Cong., as amended by Pub. looms to remain unconverted to bag Laws 89 and 507, 77th Cong.) [Supplementary Order M-110-a] sheetings, remain on the manufacture of outing flannels, or, in case such looms Issued this 5th day of November 1942. §1133.2 Supplementary Order are not then on the manufacture of out­ M-110-a— (a) Small deliveries. Not­ ing flannels, be converted to the manu­ E rnest K anzler, withstanding any provision of General Director General for Operations. facture of outing flannels within 60 days Preference Order No. M-110 as amended, of the date of such expiration. [F. R. Doc. 42-11543; Filed, November 5, 1942; any person who has not applied for an 3:05 p. m.] allocation of molybdenum for any calen­ (P.D. Reg. 1, as amended, 6 F.R. 6680; dar month may accept deliveries of mo­ W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 lybdenum in quantities not exceeding a F.R. 329; E.O. 9040, 7 F.R. 527; E.O. total of 500 pounds (contained molybde­ 9125, 7 F.R. 2719; sec. 2 (a), Pub. Law P art 1075—C onstruction num) from all sources of Supply in such 671,76th Cong., as amended by Pub. Laws [Interpretation 1 of Supplementary Conser­ month, and any person may make such 89 and 507, 77th Cong.) vation Order L-41-b, as Amended October deliveries: Provided, such molybdenum is Issued this 6th day of November, 1942. 2, 1942] not to be used in the production of wire, rods, sheets or metallic powder or used E rnest K anzler , The following official interpretation is Director General for Operations. hereby issued by the Director General in the fullfillment of orders to which a for Operations with respect to § 1075.3, preference rating lower than A -l-J shall [F. R. Doc. 42-11582; Filed, November 6, 1942; Supplementary Conservation Order L - have been assigned: And provided fur­ 11:44 a. m.] 41-b? as amended October 2, 1942. ther, That the purchaser has filed Form Paragraph (b) of the order is not PD-359 on or before the 20th day of the applicable to the application of siding or preceding month. No person shall be roofing to the exterior of a building required to file Form PD-358 or PD-360 P art 1215—F e m in in e L in g e r ie and whether or not such siding or roofing has or obtain any allocation or special au­ C er tain O ther G arm ents insulating qualities. thorization from the Director General [Amendment 2 to General Limitation Order for Operations in order to receive the L-116] (P.D. Reg. 1, as amended, 6 F.R. 6680; deliveries permitted by this Supplemen­ W.P.B. Reg. 1,7 F.R. 561; E.O. 9024, 7 F.R. tary Order. Section 1215.1 General Limitation Or­ 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 (b) Melting. Notwithstanding the re­der L-116? the caption of paragraph (f) F.R. 2719; sec. 2 (a), Pub. Law 671, 76th strictions of paragraph (c) (3) of Gen­ and of paragraph (f) (4), the introduc­ Cong., as amended by Pub/ Laws 89 and eral Preference Order No. M-110 as tory clause of paragraph (f), and para­ 507, 77th Cong.) amended, any person, other than a pro­ graphs (f) (4) (i) and (f) (4) (iii) are Issued this 6th day of November 1942. ducer of iron or steel products as defined amended to read as-follows: E rnest K a n zle r , in Supplementary Order M-21-a, may (f) Curtailments on feminine lingerie. Director General for Operations. melt not to exceed 500 pounds of con­ No person shall, on or after May 11,1942, tained molybdenum in any calendar put into process, or cause to be put into [F. R. Doc. 42-11580; Filed, November 6, 1942; month. process by others for his account^any 11:44 a. m.] (P.D. Reg. 1, as amended, 6 F.R. 6680; cloth for the manufacture of, or sell, W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 or deliver any: F.R. 329; E.O. 9040, 7 F.R. 527; E.O. * * * * * P art 1075— C onstruction 9125, 7 F.R. 2719; sec. 2 (a), Pub. Law (4) Sleeping pajamas, as follows: [Interpretation 2 of Conservation Order L-41, 671, 76th Cong., as amended by Pub. Laws (i) With a separate or attached jacket, • as Amended September 2, 1942] 89 and 507, 77th Cong.) robe, sacque, negligee, hood, cap, mittens, Issued this 6th day of November 1942. belt, feet, or shoes attune unit price, ex­ The following official interpretation is cept that, on or after November 6, 1942, hereby issued by the Director General E rnest K anzler, one-piece pajamas may be made with for Operations with respect to Ç 1075.1, Director General for Operations. attached feet in children’s sizes (3,4, 5, 6, Conservation Order L-41? as amended [F. R. Doc. 42-11581; Filed, November 6, 1942; 6X) and girls’ sizes 7 and 8 only. September 2, 1942: 11:45 a. m.] * * * * * (a) “ Construction,” as defined in para­ graph (a) (2), includes the laying oF (iii) With trousers exceeding measure­ asphalt tile, linotile, cork tile, rubber ments of Schedule C attached hereto, except, on or after November 6,1942, one- tile, and linoleum, if the same is ce­ P art 1193—B ag O snaburg and B ag piece pajamas with feet in children’s mented to or in any way is affixed to the S h e e tin g s construction. sizes (3, 4, 5, 6, 6X) and girls’ sizes 7 [Amendment 2 to Limitation Order L-99] and 8 only. (b) The application of siding or roof­ ***** ing is “construction,” as the word is Paragraph (e) (1) of § 1193.1 Limita­ used in paragraph (a) (2), where such tion Order*L-991 is hereby amended by (P.D. Reg. 1, as amended, 6 F.R. 6680; siding or roofing is applied to a portion adding thereto the following: W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 of a building or structure which is not * * . * Provided, however, That not­ P.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, withstanding the provisions of paragraph 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th 17 F.R. 7830. * 7 F.R. 6958, 7077. 1l ‘ 7 F.R. 2743, 4327. *7 F.R. 3475, 4851. FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9079

Cong., as amended by Pub. Laws 89 and copies need be prepared where supplier phosphate plasticizers during any calen­ 507, 77th Cong.) is “own stocks.” A separate set shall be dar month shall file application on or Issued this 6th day of November 1942. made up for each supplier from whom before the 24th day of the month pre­ delivery is requested (except that where ' E rnest K anzler, ceding the month for which authoriza­ application is made for acceptance of tion is requested. Such application shall Director General for Operations. delivery of any quantity from a supplier, be made on Form PD-601 in the manner [P. R. Doc. 42-11583; Piled, November 6, 1942; it is not necessary to file a separate set 11:44 a. m.] listing “own stocks” as supplier). Also, prescribed therein, subject to the follow­ separate sets shall be made for each ing instructions for the purpose of this order: different phosphate plasticizer sought. (iii) In the heading, under the name (i) Copies of Form PD-601 may be P art 1294—P h o sph ate P lasticizers of chemical, specify tricresyl or triphenyl obtained at local field offices of the War Production Board. {General Preference Order M-183, as phosphate (but not both); under War Amended November 6, 1942] Production Board Order, Specify M-183; (ii) Prepare 4 copies and forward 3 certified copies to the War Production Section 1294.1 General Preference under name of company, specify name and mailing address, and specify deliv­ Board, Chemicals Branch, Washington, Order M-183 is hereby amended to read D. C. Ref: M-183; Separate sets of forms as follows: ery destination, supplier and shipping point; under unit of measure, specify shall be filed for tricresyl phosphate and § 1294.1 General Preference Order pounds; and specify the month and year triphenyl phosphate. M-183— (a) Definitions. For the pur­ for which authorization for use or ac­ (iii) Suppliers who have filed applica­ pose of this order: ceptance of delivery is sought. tion on Form PD-600 specifying them­ (1) “Phosphate plasticizers” means (iv) Leave Column 1 blank. selves as supplier, shall list their own trieresyl phosphate and triphenyl phos­ (V) In Columns 3, 20 and 22, specify names as customers on Form PD-601 and phate in any form and from whatever primary product in terms of the follow­ shall list their request for allocation in source derived. ing: the manner prescribed for other custo-. (2) “Producer” means any'person en­ Army cable insulation. mers. gaged in the production of phosphate Navy cable insulation. (iv) In the heading, under name of plasticizers and includes any person who Other wire coatings. chemical, specify tricresyl or triphenyl has such phosphate plasticizers produced Textile coatings. phosphate (but not both); under War for him pursuant to toll agreement. Airplane dope. Production Board Order, specify M-183; (3) “Distributor” means any pur­ Army cable lacquer. under name of company, specify name chaser of phosphate plasticizers for pur­ Navy cable lacquer. and mailing address; give address of pose of resale. Other wire lacquers. plant or warehouse; check whether pro­ (b) Restrictions on use and delivery of Other lacquers. ducer or distributor; under unit of meas­ phosphate plasticizers. No person shall Paper coatings. ure, specify pounds; and state the month use, deliver or accept delivery of phos­ Molding compounds. and year during which deliveries covered phate plasticizers except as specifically Photographic film. by the application are to be made. authorized by the Director General for Chemical resistant coatings. (v) Leave columns 3-and 8 blank. Operations upon application pursuant Oil additive. (vi) In column 5 specify proposed de­ to paragraph (c) hereof; provided, how­ Motor fuel additive. liveries, delivery dates, and shipping con­ ever, that no such specific authorization Inks. tainer (drums or tank cars). shall be required with respect to: Adhesives. (vii) No statement need be made with (1) The use or acceptance of delivery Artificial leather. respect to deliveries which may be made by any person during any one calendar Rubber (natural or synthetic). during the next month pursuant to para­ month of one hundred (100) pounds or Sheet plastic. graph (b) (2) of this order. less of phosphate plasticizers; Lubricants. (viii) If it is necessary to use more (2) The delivery by any producer or Miscellaneous (specify). than one sheet to list customers, number distributor of one hundred (100) pounds Inventory. each sheet in order and show grand to­ or less of phosphate plasticizers to any Export (as phosphate plasticizer; spec­ tals for all sheets on the last sheet, which one person during any one calendar ify contract, country and whether Lend- is the only one that need, be certified. month (which may be made without re­ Lease) . (ix) Fill in all columns in Tables I and gard to preference ratings), provided Resale (as phosphate plasticizer, upon II, except columns 3, 6, 7 and 8. that the aggregate amount of such de­ further authorization). (3) Application for authorization un­ liveries by any producer or distributor Phosphate plasticizers allocated for in­ der this order by the United States Army, during any one calendar month shall not ventory shall not be used except as spe­ Navy, Coast Guard, Maritime Commis­ exceed two percent (2%) of the deliver­ cifically directed by the Director General sion and War Shipping Administration ies which he is specifically authorized to for Operations, or to fill orders author­ may be made in any manner. make during such month. ized by the Director General for Opera­ (4) The Director Gênerai for Opera­ (c) Applications and reports. (1) tions pending arrival of the phosphate tions may require each person affected Each person (including producers and plasticizers allocated to fill such orders, by this order to file such other reports as distributors) seeking authorization to use provided that upon arrival of such plas­ may be prescribed, and may issue special or accept delivery of-phosphate plasti­ ticizers the allocated inventory is re­ directions to any such person with re­ cizers during any calendar month shall stored. spect to preparing and filing Forms PD- file application on or before the 15th day (vi) In column 4 describe the use or 600 and 601. of the month preceding the month for end product, such as windshield glass, (d) Notification of customers. Pro­ which authorization for use or delivery is raincoats, tank cable, and the like. Op­ ducers and distributors of phosphate requested. Such application shall be posite “Miscellaneous” in column 3 show plasticizers shall, as soon as practicable, made on the form PD-600, except as pro­ in column 4 the groupings, insofar as notify each of their regular customers of vided in paragraph (c) (3),'in the man­ possible, of the more important miscel­ the requirements of this order as amend­ ner prescribed therein, subject to the laneous primary products. ed, but failure to receive such notice shall following instructions for the purpose of (vii) In columns 11 and 19 list tricre­ not excuse any such person from comply­ this order: syl phosphate and triphenyl phosphate ing with the terms hereof. (i) Copies of Form PD-600 may be ob­separately and fill in the other columns (e) Miscellaneous provisions— (1) Ap­ tained at local field offices of the War of tables II and III accordingly. plicability of priorities regulations. This Production Board. (viii) Subject to the above instruc­ order and all transactions affected here­ - (ii) Five copies shall be prepared, of tions fill in all tables and columns of the by are subject to all applicablè provisions which one shall be forwarded to supplier form as prescribed therein, leaving only of War Production Board priorities regu­ and three certified copies to the War Pro­ columns 1, 9 and 10 blank. ♦ lations, as amended from time to time duction Board, Chemicals Branch, Wash­ (2) Each producer and distributor with the exception of Priorities Regula­ ington, D. C. Ref: M-183. Only four seeking authorization to make delivery of tion No. 13, which shall be subject to this 9080 FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 order to the extent that it is inconsistent exclusively oil as a fuel, and no person lations of the War Production Board, as herewith. shall manufacture any other low pres­ amended from time to time. (2) Violations. Any person who wil­ sure cast iron boiler except to fulfill a (k) Applicability of other orders. In ­ fully violates any provision of this order, specific contract or subcontract for de­ sofar as any other order issued by the or who, in connection with this order, livery: Director GeneréD for Operations, or to be wilfully conceals a material fact or fur­ (1) Of a military low pressure cast issued by him hereafter, limits the use nishes false information to any depart­ of any material to a greater extent than iron boiler upon specific authorization of ment or agency of the United States is the limitations imposed by this order, the guilty of a crime, and upon conviction the Director General for Operations after restriction of such other order shall gov­ may be punished by fine or imprison­ written application has been made on ern unless otherwise specified therein. ment. In addition, any such person may Form PD-704; (l) Communications. All reports, to be prohibited from making or obtaining (2) For use in a hospital constructed, be filed, appeals and other communica­ further deliveries of, or from processing to be constructed or under construction, tions concerning this order, shall be ad­ or using, material under priority control upon specific authorization of the Di­ dressed to the War Production Board, and may be deprived of priorities assist­ rector General for Operations after writ­ Plumbing and Heating Branch, Washing­ ance. ten application has been made on Form ton, D. C., Ref: L-187. (3) Communications to War Produc­ PD-704. (c) Replacement parts. Nothing in (P.D. Reg. 1, as amended, 6 F.R. 6680; tion Board. All reports required to be W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 F.R. filed hereunder, and all communications this order shall restrict the production of any repair or replacement parts for 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 concerning this Order, shall, unless oth­ F.R. 2719; sec. 2 (a), Pub. Law 671, 76th erwise directed, be addressed to: War any cast iron boiler. (d) Avoidance of excessive inventories. Cong., as amended by Pub. Laws 89 and Production Board, Chemicals Branch, 507, 77th Cong.) Washington, D. C., Ref.:M-183. No person shall accumulate, for use in the manufacture of low pressure cast iron Issued this 6th day of November 1942. (P.D. Reg. 1, as amended, 6 P.R. 6680; boilers, inventories of any materials Ernest Kanzler, W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 (whether raw, semi-processed or proc­ Director General for Operations. P.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, essed) in the excess of the minimum 7 P.R. 2719; sec. 2 (a ), Pub. Law 671, 76th amounts necessary to maintain produc­ [F. R. Doc. 42-11576; Filed, November 6, 1942; Cong., as amended by Pub. Laws 89 and tion at the rates permitted by this order. 11:45 a. m.] 507, 77th Cong.) (e) Records. All persons affected by Issued this 6th day of November 1942. this order shall keep and preserve for not less than two years accurate and Ernest K anzler, Part 3116—Douglas Fir Lumber complete records concerning inventories, Director General for Operations. [Amendment 2 to Limitation Order L-218] production and sales. [F. R. Doc. 42-11584; Filed, November 6, 1942; ( f ) Audit and inspection. All records Subparagraph (1) of paragraph (a) of 11:45 a. m.] required to be kept by this order shall, §3116.1 Limitation Order No. L-2181 is upon request, be submitted to audit and hereby amended to read as follows: inspection by duly authorized represent­ (1) “Douglas fir lumber” means any atives of the War Production Board. Part 3046—Low P ressure Cast I ron sawed lumber (except shingles or lath) Boilers (g) Reports. All persons affected by of any size or grade, whether rough, this order shall execute and file with [Limitation Order L-187] dressed on one or more sides or edges, the War Production Board on or before dressed and matched, shiplapped, worked The fulfillment of requirements for the the tenth day of each calendar month a to pattern, or grooved for splines, of the defense of the United States has created report on Form PD-639, and shall keep a species of Pseudotsuga taxifolia, pro­ a shortage in the supply of metals for copy of such monthly report in their own duced from timber located in those parts defense, for private account and for ex­ files for a period not less than two years. of Oregon and Washington lying west of port; and the following order is deemed (h) Violations and false statements. the crest of the Cascade Mountain necessary and appropriate in the public Any person who wilfully violates any pro­ Range, but hot including No. 3 boards, interest and to promote the national vision of this order, or who, in connection No. 3 dimension or No. 3 timbers, or any defense: with this order, wilfully conceals a ma­ grade of factory or shop lumber, and not § 3046.1 General Limitation Order terial fact or furnishes false information including plywood, veneer or used lum­ to any department or ‘ agency of the L-187— (a) Definitions. For the pur­ ber. poses of this order: United States is guilty of a crime, and upon conviction may be punished by fine (P.D. Reg. 1, as amended, 6 F.R. 6680; (1) “Low pressure cast iron boiler” W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 means any boiler designed for the pur­ or imprisonment or both. In addition, any such person may be prohibited from F.R. 329; E.O. 9040, 7 F.R. 527; KO. 9125, pose of heating water so as to provide 7 F.R. 2719; sec. 2 (a ), Pub. Law 671, 76th heat for the interior of a building by making or obtaining further deliveries of, or from processing or using, material Cong., as amended by Pub. Laws 89 and means of circulating steam or hot water, 507, 77th Cong.) which boiler: under priority control and may be de­ (1) Operates at a maximum working prived of priorities assistance. Issued this 6th day of November 1942. (i) Appeals. Any person affected by pressure not exceeding fifteen pounds Ernest K anzler, per square inch of steam pressure or this order .who considers that compliance Director General for Operations. thirty pounds per square inch of water therewith would work an exceptional pressure, and and unreasonable hardship upon him, or [F. R. Doc. 42-11577; Filed, November 6, 1942; (ii) Is composed preponderantly of that it would result in a serious problem 11:44 a. m.] cast iron. of unemployment in the community, or (2) “Parts” includes all materials used that compliance with this order would as repair parts for low pressure cast iron disrupt or impair a program of conver­ Part 3132—P rocessors op M etal Scrap sion from nondefense to defense work, boilers. [Preference Rating Order P-136] (3) “Military low pressure cast iron may apply for relief by addressing a letter boiler” means any low pressure cast iron to the War Production Board, setting For the purpose of facilitating the ac­ boiler which is manufactured for deliv­ forth the pertinent facts and the reasons quisition of material for operating sup­ ery to or for the account of the Army, why such person considers that he is en­ plies and for the maintenance and repair Navy, War Shipping Administration or titled to relief. The Director General for of equipment used by recognized proces­ the Maritime Commission of the United Operations may thereupon take such ac­ sors for the sole purpose of locating, States or the Defense Plant Corporation. tion as he deems appropriate. processing or transporting metal scrap (b) Restrictions. On and after the (j) Applicability of priorities regula­ (up to its delivery at point of shipment 16th day of November 1942, no person tions. This order, and all transactions to ultimate consumer), and to promote shall manufacture any low pressure cast affected thereby are subject to all ap­ iron boiler built to use exclusively gas or plicable provisions of the priorities regu­ 17 F.R. 8549, 8795. FEDERAL REGISTER, S a tu r d a y , N o v e m b e r 7> 1942 9081 the national defense, preference ratings by this paragraph (b) (3) shall not be manufactured^ processed, assembled or are hereby assigned to deliveries of such applied in any calendar quarter to mate­ .otherwise physically changed may defer materials on the terms and within the rial in excess of a total dollar value of applications of the rating hereunder to limitations hereinafter set forth. $500.00 (including materials delivered purchase orders or contracts for such ma­ under the provisions of paragraphs (b) terial to be placed by him until he can § 3132.1 Preference Rating Order P - place a purchase order or contract for 136— (a) Definitions. (1) “Person” (1) and (2) above), unless a specific the minimum quantity procurable on his means any individual, partnership, asso­ authorization is obtained in advance customary terms; provided, that he shall ciation, business trust, corporation, gov­ from the Director General for Oper­ not defer the application of any rating ernmental corporation or agency, or any ations. for more than three months after he be­ organized group of persons whether in­ (c) Persons entitled to apply prefer­ comes entitled to apply it. corporated or not. *>» ence ratings. The preference rating (f) Restrictions of inventory. (1)A (2) “Processor” means any person hereby assigned may, in the manner and processor shall not, during any calendar operating an automobile graveyard or to the extent hereby authorized, be ap­ quarter, accept, and a supplier shall not scrap yard physically situated within the plied by: knowingly make to a processor, deliveries (1) A processor; limits of the United States who has been (whether or not rated pursuant to this certified to by the Automobile Graveyard (2) Any supplier of material to the de­ order) of any material to be used as op­ Section of the Conservation Division of livery of which a preference rating has erating supplies or for maintenance or re­ the War Production Board as being expe­ been applied as provided in paragraph pair the aggregate dollar volume of which rienced in the metal scrap trade and (d). shall exceed 55 percent of the aggregate cooperative in expediting the movement, (d) Application of preference rating. dollar volume of the withdrawals for such of metal scrap to consumers. (1) No processor shall apply any prefer­ purposes by the processor from stores or (3) “ Material” means any commodi­ ence rating assigned by paragraph (b) inventory during the preceding calendar ties, equipment, accessories, parts assem­ until: half-year unless such deliveries shall be blies, or products of any kind. (1) He shall have filed with the Auto­ specifically authorized in advance by the (4) “Maintenance” means upkeep nec­ mobile Graveyard Section, Conservation War Production Board on the proces­ essary to continue the working condition Division, War Production Board, a state­ sor’s application therefor. of essential operating equipment used by ment in the form prescribed by the Di­ (2) A processor shall not at any time a processor at its then current rate of rector General for Operations, setting accept deliveries (whether or not rated production. forth amounts of raw material used for pursuant to this order) of any material (5) “Repair” means the restoration of repair, maintenance and operating sup­ to be used as operating supplies or for equipment used by a processor to a sound plies for the preceding calendar quarter, maintenance or repair until the proces­ working condition after wear and tear, inventories of such material at the be­ sor’s inventoTy and stores of such ma­ damage, destruction or failure of parts, ginning and end of such period, and an terial have been reduced to a reasonable or the like, have made such equipment estimate of requirements of such mate­ minimum, unless such delivery shall be unfit or unsafe for service. rials for the current quarter, and further specifically authorized in advance by the (6) “Operating supplies” means any stating that he accepts the terms and War Production Board on the processor’s material which is essential to the opera­ conditions of this order. application therefor. Such reasonable tion of equipment used by a processor"' (ii) He shall have received from the minimum shall in no case exceed 125 and which is generally carried as proc­ Automobile Graveyard Section, Conser­ percent of the aggregate dollar volume of essor’s stores and charged to operating vation Division, War Production Board, such material in inventory and stores on expense accounts. a serial number which shall thereafter the last day of the preceding calendar (7) “Supplier” means any person with be endorsed on all purchase orders or half-year. whom a rated purchase order or contract contracts for material by him or for his (g) Relief. If the sound working con­ has been placed by a processor or by account which are rated pursuant to this dition of a processor is adversely affected another supplier for material: order. by any provision or application of this (i) Directly required by a processor for (2) The preference ratings herein order or by inability to obtain material maintenance, repair, or operating sup­ granted shall be applied and extended essential for repair, maintenance or op­ plies, or pursuant to the provisions of Priorities erating supplies, the processor may apply (ii) To be physically incorporated in Regulation No. 3 (§ 944.23). for relief to the Director General for Op­ other material so required by a processor. (3) Each processor shall immediately erations. The Director General for Op­ (b) Assignment of preference ratings. file with the nearest District Office of the erations may thereupon take such action Subject to the terms of this order, the War Production Board a copy of each as he deems appropriate. following preference ratings are hereby purchase order or contract covering any (h) Resale of material prohibited. assigned, but nothing herein contained materials to which an AA-2X or an AA-3 Except with specific permission of the Di­ shall prevent the use of any other or rating has been assigned under para­ rector General for Operations, a processor higher rating to which any person may graph (b) (1) or (b) (2) of this order. shall not resell any material acquired for be entitled by reason of any other pref­ (e) Restrictions on use of rating. (1) repair, maintenance or operating sup­ erence rating certificate or order: Restrictions on processor. No processor plies (whether or not obtained pursuant (1) AA-2x to deliveries to a processor may apply any rating hereby assigned to to rating assigned by this order) ; pro­ of material for repair of equipment used obtain delivery of material on earlier vided, that nothing herein contained for any of the purposes set forth in the dates than required for the operation, shall prohibit sale by the processor of first paragraph of this order, when and maintenance or repair of its equipment. used material acquired prior to October only when there has been an actual (2) Restrictions on supplier, (i) No 31, 1942. breakdown or suspension of operations supplier may apply the rating to obtain (i) Records, audits and reports. Each because of damage, wear and tear, de­ material in greater quantities or on ear­ processor and each supplier shall keep struction or failure of parts, or the like, lier dates than required to enable him to and preserve for a period of not less than and the essential repair parts are not make on schedule a delivery rated here­ two years accurate and complete records otherwise available. under or, within the limitations of (ii) Of all transactions affected by this order (2) AA-3 to deliveries to a processor below, to replace in his inventory mate­ and shall submit from time to time to of repair material, described in para­ rial so delivered. He shall not be deemed audit and inspection by duly authorized graph (b) (1), up to the minimum re­ to require such material if he can make representatives of the War Production quired to make reasonable advance pro­ his rated delivery and still retain a prac­ Board. Each processor and each sup­ vision to avert an actual breakdown of ticable working minimum inventory plier shall execute and file with the War existing facilities or suspension. thereof; and if, in making such delivery, Production Board or other designated (3) A -l-a to deliveries to a processor he reduced his inventory below such min­ agency such reports and in such form as of material for other repairs to, for main­ imum, he may apply the^ rating only to the War Production Board shall from tenance of, and for operating supplies the extent necessary to restore his in­ time to time require. for, equipment used for any one of the ventory to such minimum. (j) Violations. Any person who wil­ purposes set forth in the first paragraph (ii) A supplier who supplies material fully violates any provision of this order, of this order. The A -l-a rating assigned which he has not in whole or in part or who, in connection with this order« 9082 FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 wilfully conceals a material fact or fur­ In § 1499.26 a new subparagraph (10) lation No. 177 (menus' and boys* only; nishes false information to any depart­ is added to paragraph (b), as set forth all sizes); ment or agency of the United States is below. (c) Shirts made of wool, part wool, cotton flannel or cotton suede (men’s guilty of a crime, and upon conviction § 1499.26 Exceptions for certain com­ may be punished by fine or imprison­ and boys’ only; all sizes except infants’ modities and certain sales and deliv­ garments); ment. In addition, any such person may eries. * * * be prohibited from making or obtaining (d) Jackets, loafer coats and pants (b) The General Maximum Price made of wool or part-wool kersey, mel­ further deliveries of, or from processing Regulation shall not apply to the fol­ or using, material under priority control ton, plaid or fleece weighing 18 ounces or lowing sales or deliveries: * ♦ * more per yard on 54 inch width basis, and may be deprived of priorities assist­ (10) Sales and deliveries of phono­ ance. excepting tailored garments covered by graph records by the Recording Lab­ Maximum Price Regulation No. 177 (k) Revocation or modification. This oratory of the Library of Congress. order may be revoked or modified by the * * * * * (men’s and boys’ only; all si^es); Director General for Operations at any (e) Jackets and coats made of leather time as to any processor or supplier. In (e) Effective dates. * * * or of leather combined with wool or part- the event of revocation or modification, (39) Amendment No. 38 (§1499.26 (b) wool kersey, melton, plaid or fleece or upon expiration of this order, deliv­ (10)) to Supplementary Regulation No. weighing 18 ounces or more per yard on eries already rated pursuant to this order 1 shall become effective November 10, 54 inch width basis (men’s and boys’ shall be‘ completed in accordance with 1942. only; all sizes, excepting infants’ gar­ said rating, unless said rating has been (Pub. Laws 421 and 729, 77th Cong.; ments) ; specifically revoked or modified with re­ E.O. 9250, 7 F.R. 7871) . (/) Leather coats and jackets when bodies and sleeves are made entirely of spect thereto. No additional application Issued this 5th day of November 1942. of said rating to any other deliveries shall leather (women’s and girls’ only; all sizes thereafter be made by any processor or L e o n H enderson, except infants’ garments); supplier affected by such revocation, Administrator. (g) Corduroy coats, suits, jackets, vests, modification or expiration. [F. R. Doc. 42-11541; Filed, November 5, 1942; pants and overalls (men’s and boys’ only; (l) Communications to the War Pro­ 1:33 p. m.] all sizes except infants’ garments); duction Board. All reports required tobe" (h) Water repellent duck clothing and filed hereunder, and all communications all hunting clothing including coats, concerning this order, shall, unless oth­ vests, pants, caps and hats (men’s and Part 1499—Commodities and Services erwise directed, be addressed to: War boys’ only; all sizes) ; Production Board, Washington, D. C. [Supp. Reg. 14, Amendment 49] (i) Ski and skating outerwear clothing Reference P-136. including pants, jackets, mittens, caps manufacturers' prices for specified and hoods, and combinations of these (P.D. Reg. 1, as amended, 6 F.R. 6680; ITEMS OF FALL AND WINTER OUTER CLOTH­ (for both sexes and in all sizes; except W.P.B. Reg. 1, 7 P.R. 561; E.O. 9024, 7 ING women’s, girls’ and children’s jackets, P.R. 329; E.O. 9040, 7 P.R. 527; E.O. 9125, Amendment 49 to Supplementary Reg­ skirts, coats and skating suits covered by 7 F.R. 2719; sec. 2 (a ), Pub. Law 671, 76th ulation 14 to the General Maximum Price Maximum Price Regulation No. 153, as Cong., as amended by Pub. Laws 89 and Regulation. amended2 and except infants’ and chil­ 507, 77th Cong.) A statement of the considerations in­ dren’s ski pants up to and including size Issued this 6th day of November 1942. volved in the issuance of this amendment 14); (j) Husking gloves and husking mit­ E rnest K anzler , has been issued simultaneously herewith tens; Director General for Operations. and filed with the Division of the Fed­ eral Register.* A new subparagraph (k) Fully lined work gloves; [F. R. Doc. 42-11578; Filed, November 0, 1942; (37) is added to paragraph (a) of (Z) Gloves and mittens made of or fully 11:45 a. m.] § 1499.73 as set forth below: lined with fur, wool, part wool, brushed rayon or leather, but not including fe­ § 1499.73 Modification of maximum males’ unlined leather gloves and un­ prices established by § 1499.2 of the Gen­ Chapter XI—Office of Price Administration lined leather work gloves; eral Maximum Price Regulation for (m) Single thickness jersey work certain commodities, services and trans­ P art 1388— D e f e n s e -R e n t a l A reas gloves made of 9 ounce material or actions. (a) The maximum prices heavier; [Supp. Amendment 4A to Maximum Rent established by § 1499.2 of the General Regulations] (to) Parka hoods; Maximum Price Regulation for the com­ (o) Leather and leatherette helmets, HOTELS AND ROOMING HOUSES modities, services and transactions listed g f Hng athletic helmets, Correction below are modified as hereinafter pitf- (iii) Pnv For thp the nlirnnsp purpose nf of determining a vided: In the third line of the second para­ manufacturer’s maximum price under the General Maximum Price Régulation graph of paragraph (e) of the document (37) Manufacturers’ prices fox fall and appearing on page 8479 of the issue of for fall and winter outer clothing, the urinter outer clothing— (i) Definition of “highest price charged during March Wednesday, October 21, 1942, “ 200” manufacturer. As used in this subpara­ should read “20”. 1942” by any seller means the price at graph (37), a “manufacturer” of a gar­ which, from December 1941 to March ment means a seller otherwise than at 1942, inclusive, the seller first accepted wholesale or at retail. an order from a purchaser of the same P art 1499— C o m m o d itie s and S ervices (ii) Definition of fall and winter outer class for garments intended for the 1942 clothing. “Fall and winter outer cloth­ [Supp. Reg. 1, Amendment 38] fall and winter season. But if the seller ing” means any of the following gar­ did not accept an order from a purchaser LIBRARY OF CONGRESS RECORDING LABORATORY ments : of a particular class, the “highest price Amendment No. 38 to Supplementary- (a) Coats, jackets and vests when fully charged during March 1942” to pur­ Regulation No. 1 to the General Maxi­ lined or entire body is lined with cotton chasers of that class means the price at mum Price Regulation—Exceptions for flannel, cotton suede, cotton blanket or which the seller first accepted an order Certain Commodities and Certain Sales any wool or part wool materials, but not during those months from a purchaser of and Deliveries. including tailored garment% covered by any class, adjusted to reflect the manu­ A statement of considerations involved Maximum Price Regulation No. 1771 or facturer’s established allowances, dis­ in the issuance of this amendment has rainwear garments (men’s and boys’ counts and price differentials. No seller been issued simultaneously herewith and only; all sizes except infants’ garments); shall change his customary allowances, filed with the Division of the Federal (b) Mackinaws, swagger and finger-tip discounts, or other price differentials, if Register. * coats, but not including tailored gar­ such change results in a higher price. No ments covered by Maximum Price Regu- manufacturer shall require any pur- ♦Copies may be obtained from the Office of Price Administration. 17 F.R. 5182, 5475, 6792, 6972, 7100, 7944. 8 7 F.R. 3901, 4381, 5869, 7010, 7535. FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9083 chaser, and no purchaser shall be per­ Where a maximum price per selling unit one-half cent, the price per selling unit shall mitted, to pay a larger proportion of determined by the provisions of this par­ be lowered to the next lower cent. If the transportation costs incurred in the de­ agraph is a fractional cent price and the fraction is one-half cent or larger, the whole­ livery or supply of any fall and winter fraction of a cent is less than one-half saler is permitted to increase his maximum outer clothing than the seller required cent, the price per selling unit shall be price per selling unit to the next higher cent. purchasers of the same class to pay from lowered to the next lower cent. If the Maximum prices determined by this pro­ December 1941 to March 1942, inclusive, fraction is one-half cent or larger, the cedure shall not exceed $2.34 per case of 24/8 on deliveries of such clothing. wholesaler is permitted to increase his ounce jars and shall not exceed $4.26 per case (iv) On or before December 1, 1942, maximum price per selling unit to the of 4/1 gallon Jars. Wholesaler’s net cost shall be his invoice every manufacturer of fall and winter next higher cent. price paid for “Top-O” Hamburger Spread outer clothing shall prepare a statement “Net cost for a wholesaler” as men­ delivered to his customary receiving point less and keep it available for examination by tioned in this paragraph shall be his in­ all discounts allowed except discount for the Office of Price Administration. This voice price for “Top-O” Hamburger prompt payment. No charge or cost for un­ statement shall list each garment of fall Spread delivered at his customary re­ loading or local trucking shall be included in and winter outer clothing which the ceiving point, less all discounts allowed net cost. manufacturer has sold, delivered or of­ him except discount for prompt pay­ This order also requires us to print on, fered for. sale after November 10, 1942, ment. No charge or cost for unloading include in or securely attach to each shipping or local trucking shall be included in net case of “Top-O” Hamburger Spread for a the seller’s maximum price for the gar­ period of three months after the original ment to each class of purchaser, to whom cost. offering written notificatjon to sellers at retail it was sold, delivered or offered, and the (c) Sellers at retail shall determine notifying them of the method for their deter­ manner in which the manufacturer de­ their maximum selling prices of “Top-O” mining their maximum selling prices of termined his maximum price. This Hamburger Spread by adding to their “Top-O” Hamburger Spread. You, as a whole­ statement shall be kept up to date with net cost of each size a maximum profit saler, are not required to give similar notifica­ respect to garments offered for sale on margin of 33y3% of this net cost. The tion to retailers with full shipping case sales. and after December 1, 1942. If the gar­ maximum prices so determined shall not However, you are required on any broken case sales to provide the retailer with a copy of ment is one for which the seller from exceed 13 cents per 8 ounce jar and shall this retailer notification, if such broken case December 1941 to March 1942, inclusive, not exceed $1.32 per one gallon jar. sale is an initial sale. accepted orders for the 1942 fall and win­ Where a maximum price per jar deter­ You are required to keep this notice for ter season, the statement shall show the mined by the provisions of this, paragraph examination. price at which the seller first accepted an is a fractional cent price and the frac­ (f ) Standard Food Products, Incorpo­ order for it from each class of purchaser, tion of a cent is less than one-half cent, rated, shall print on, include in or se­ (b) Effective dates, * * * the price per jar shall be lowered to the curely attach to each shipping case of (50) Amendment 49 (§ 1499.73 (a) next lower cent. If the fraction is one- (37)) to Supplementary Regulation 14 half cent or larger, the retailer is per­ “Top-O” Hamburger Spread for a period of three months after the initial offering shall become effective November 11,1942. mitted to increase his maximum price per of this product written notice as follows: (Pub. Laws 421 and 729, 77th Cong.; E.O. package to the next higher cost. “Net cost” for a retailer as mentioned The Office of Price Administration has au­ 9250, 7 F.R. 7871) in this paragraph shall be his invoice thorized for us and for wholesalers maximum Issued this 5th day of November 1942. price for “Top-O” Hamburger Spread sollihg prices of “Top-O” Hamburger Spread,, delivered to his customary receiving packed in shipping cases of 24/8 ounce and L e o n H enderson, 4/1 gallon jars. Administrator. point less all discounts allowed him ex­ As a retailer, you are to determine your cept the discount for prompt payment. maximum selling prices of “Top-O” Ham­ [P. R. Doc. 42-11540; Filed, November 5, 1942; No charge or cost for unloading or local burger Spread by adding to your net cost 1:32 p. m.J trucking shall be included. Net cost for of each item a margin of profit of 331/3 % of a retailer shall be based on a purchase this net cost. Where a maximum price per of a customary quantity of this type of jar so determined is a fractional cent price and the fraction of a cent is less than one- P art 1499—C o m m o d ities and S ervices item from his customary supplier and on half cent, the price per jar shall be lowered [O rder 124 Under § 1499,3 (b ) of GMPR} the customary mode of transportation. to the next lower cent. If the fraction is (d) Wholesalers and retailers shall ap­ one-half cent or larger, you are permitted to STANDARD FOOD PRODUCTS, INC. ply to their maximum selling prices for increase your price per jar to the next higher For the reasons set forth in an opinion “Top-O” Hamburger Spread the same cent. issued simultaneously herewith, I t is discounts, allowances and price differen­ Your maximum prices so determined shall ordered: tials which they customarily apply to not exceed 13 cents per 8 ounce jar and shall comparable items of sandwich spreads not exceed $1.42 per one gallon jar. § 1499.988 Authorization of maxi­ and meat seasoning sauces, unless a Your net cost shall be ydur invoice price mum prices for sales of “Top-0” Ham­ paid for "Top-O” Hamburger Spread delivered change in these customary discounts, to your customary receiving point less all burger Spread, a blend of sweet pickle allowances and price differentials results relish, mustard, starch and condiments, discounts allowed except the discount for in lower selling prices. prompt payment. No charge or cost for un­ by Standard Food Products, Inc., by (e) Standard Food Products, Incorpo­ loading or local trucking shall be included. wholesalers and retailers, (a) On and rated, shall distribute or cause to be dis­ Your net cost shall be based on a purchase after November 5, 1942, the maximum tributed at the time of or before each of a customary quantity of this type of item prices for sales by Standard Food Prod­ initial sale to all purchasers from this from your customary supplier and on the ucts, Incorporated, of Indianapolis, In­ usual mode of transportation. company of “Top-O” Hamburger Spread You are required to keep this notice for diana, of “Top-O” Hamburger Spread written notice as follows: - shall be: examination. The Office of Price Administration has au­ $1.95 per shipping case of 24/8 ounce jars, thorized us by order to sell "Top-O” Ham­ (g) This Order No. 124 may be revoked $3.55 per shipping case of 4/1 gallon jars, burger Spread for the following maximum or amended by the Price Administrator prices delivered at purchasers’ stations: at any time. These prices shall include prepaid freight (h) This Order No. 124 (§ 1499.988) to purchasers’ stations. Cases 24/E ounce jars “Top-O” Hamburger shall become effective November 5, 1942. (b) Sellers at wholesale shall deter­ Spread $1.95. mine their maximum delivered selling Cases 4/1 gallon jars “Top-O” Hamburger (Pub. Laws 421 and 729, 77th Cong.; E.O. prices of “Top-O” Hamburger Spread by Spread $3.55. 9250, 7 F.R. 7871) adding to their net cost of each size a The same Office of Price Administration ' Issued this 5th day of November 1942. maximum profit margin of 20% of this Order authorizes wholesalers to determine L eo n H enderson, net cost. The maximum delivered prices their maximum delivered priC3s of “Top-O” Hamburger Spread by adding to their net cost Administrator. so determined shall not exceed $2.34 per of each item a margin of profit of 20% of case of 24/8 ounce jars and shall not ex­ this net cost. Where a maximum price per [P. R. Doc. 42-11538; Piled, November 5, 1942; ceed $4.26 per case of 4/1 gallon jars. selling unit so determined is a fractional cent 1:32 p. m.J price and the fraction of a cent is less than No. 220+— 3 9084 FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942

P art 1499— C o m m o d ities and S ervices (c) Sellers at retail- shall determine maximum profit margin of 35 percent of their maximum delivered selling prices this net cost for each size and dividing the [O rder 125 Under § 1499.3 (b) of GMPR] resulting figure by twelve to arrive at the per bottle for “McCormick’s Baking DI-NOC MANUFACTURING CO. maximum selling price per bottle. When Magic” by adding to their net cost per the maximum prices so determined result For reasons set forth in an opinion is­ dozen for each size a maximum profit in fractions of one cent, the price per bottle sued simultaneously herewith, I t is here­ margin of 35 percent to this net cost may be adjusted to the next highest cent if by ordered: and dividing the figure so obtained by the fraction is one half cent or more, and shall be adjusted downward to the next § 1499.989 Approval of maximum twelve. The maximum prices so deter­ mined shall not exceed 100 per bottle lower cent if the fraction is less than one half prices for sales by Di-Noc Manufacturing cent. Maximum selling prices per bottle shall Company of Saf-T-Blak Film, Saf-T-Glo for the one ounce size and 160 per bottle not exceed 100 for the one ounce size and Emergency Signs, and Saf-T-Glo Lumi­ for the two ounce size. “Net cost” to a 160 for the two ounce size. “Net cost” per nous Automobile Blackout Protectors. retailer shall mean his invoice price paid dozen as used in paragraph (c) of Order No. (a) The maximum prices for sales of the for a purchase of a customary quantity 126 shall be the invoice price paid by the of this type of comihodity from his cus­ retailer to his customary supplier for a cus­ products listed below by The Di-Noc tomary quantity of the item by the cus­ Manufacturing Company of Cleveland, tomary supplier and by the customary mode of transportation, if any. No tomary mode of transportation if any, less Ohio, shall be the following, f. o. b. Cleve­ all discounts allowed except the discount for land, Ohio: charge for drayage, hauling, loading or prompt payment. No charges for drayage, unloading shall be included as part of the Name of product Maximum price loading or unloading shall be included. You “net cost”. are required to keep this notice for examina­ Saf-T-Blak film____ m______$0.05 per sq ft. (d) Where maximum prices so deter­ tion. plus 5% for mined by the provisions of (b) and (c) cutting. (h) This Order No. 126 may be revoked Saf-T-Glo emergency signs__$0. 50 per sq. ft. result in fractions of one cent, the selling prices shall be increased to the next or amended by the Price Administrator Saf-T-Glo luminous automo­ at any time. bile blackout protectors___$0.43 per sq. ft. highest cent if the fraction is one half cent or more and reduced to the next (i) This Order No. 126 (§ 1499.989a) (b) This Order No. 125 may be revoked lower cent if the fraction is less than one shall become effective as of November 6, 1942. or amended by the Price Administrator half cent. at any time. (e) Each seller shall allow the cus­ (Pub. Laws 421 and 729, 77th Cong.; E.O. (c) This Order No. 125 (§ 1499.989) tomary allowances, discounts, or price 9250, 7 F.R. 7871) shall become effective November 6, 1942. differentials applying to “McCormick’s Issued this 5th day of November 1942. (Pub. Laws 421 and 729, 77th Cong., E.O. Pure Vanilla Extract” or in the event a 9250, 7 F.R. 7871) seller did not deal in “McCormick’s Pure L eo n H enderso n, Vanilla Extract” , the most comparable Administrator. Issued this 5th day of November 1942. commodity thereto. [F. R. Doc. 42-11536; Filed, November 5, 1942; L eo n H enderson, (f) McCormick and Company shall 1:32 p. m.] Administrator. mail or otherwise supply to their buyers [F. R. Doc. 42-11537; Filed, November 5, 1942; at the time of, or prior to the first sale 1:31 p. m.] to such buyer by McCormick and Com­ pany of “McCormick’s Baking Magic” a P art 1404— R a t io n in g of R ubber written notice as follows: F ootw ear The Office of Price Administration has au­ [Ration Order 6,1 Amendment 4] P art 1499—C o m m o d ities and S ervices thorized McCormick and Company to sell [Order 126 Under § 1499.3 (b) of GMPR] “McCormick’s Baking Magic” in the following m e n ’s rubber boots and rubber w o r k sizes at the maximum delivered prices shown: SHOES RATIONING REGULATIONS m ’co r m ick AND CO. 1 ounce bottles— per dozen______. 72 A rationale for this amendment has For the reasons set forth in an opinion 2 ounce bottles— per dozen______1.22 been issued simultaneously herewith and issued simultaneously herewith, It is or­ dered: This Order No. 126 authorizes wholesalers has been filed with the Division of the to determine their maximum delivered selling Federal Register.* § 1499.989a Authorization of a maxi­ prices for each size by adding to their net Section 1404.5, paragraph (1) of cost for each size, a maximum profit margin mum price for sales of 1 ounce and 2 § 1404.2, paragraph (a) of § 1404.6, para­ ounce bottleb of “McCormick’s Baking of 20 percent of this net cost. Maximum selling prices determined by this computation graph (c) of § 1404.11, paragraph (b) of Magic” an imitation vanilla flavoring shall not exceed: § 1404.69 are amended, and a new para­ manufactured by McCormick and Com­ pany, Baltimore, Maryland, (a) On and .86 per dozen bottles for the one ounce size. graph (d) is added to § 1404.71, as set after November 6, 1942, the maximum 1.46 per dozen bottles for the two ounce size. forth below: selling prices for “McCormick Baking In determining maximum selling prices, frac­ Definitions Magic” for sale by McCormick and Com­ tions of one cent shall be adjusted upward § 1404.2 Definitions. * * * to the next highest cent if the fraction is pany, having its principal place of busi­ (1) “Rubber footwear” means all men’s ness in Baltimore, Maryland, shall be: one half cent or more, and adjusted down­ ward to next lower cent if the fraction is protective' waterproof or snow and water 1 ounce bottles— per dozen______. 72 lower than one half cent. Your net cost for repellent boots and work shoes, except 2 ounce bottles— per dozen______1.22 “McCormick’s Baking Magic” shall be the those which have been worn, of the types net invoice price delivered at your customary Transportation charges to buyer’s sta­ station of destination, less all discounts al­ listed in Appendix A (§ 1404.69), manu­ tion to be included in the above prices. lowed except the discount for prompt pay­ factured under any process which joins (b) Sellers at wholesale shall deter­ ment. No charges for drayage, loading, or the sole and upper in a single unit man­ mine their maximum delivered selling unloading shall be included in net cost. ufactured wholly or in part of latex, prices for “McCormick’s Baking Magic” (g) McCormick and Company shall crude rubber, reclaimed rubber, scrap by adding to their net cost per dozen of place on or in the smallest packing and rubber, or synthetic rubber, including each size, a maximum profit of 20 per­ sales unit of each size for a period of seconds oi* rejects but excluding all men’s cent of this net cost. The maximum- three months after the initial offering of and boys’ rubber boots and rubber work prices so determined shall not exceed “McCormick’s Baking Magic”, a printed shoes below size 6, all stocking-foot wad­ 860 per dozen for the one-ounce size, notice reading as follows: ers, all lumbermen’s overs with leather and $1.46 per dozen for the two-ounce tops, and all arctics, gaiters, work rub­ size. “Net cost” for a wholesaler as men­ The Office of Price Administration has bers, dress rubbers, clogs, and footholds. tioned in this paragraph shall be his authorized maximum selling prices for “McCormick’s Baking Magic” by specific Or­ When used in the context “unserviceable invoice cost at his customary station of der No. 126. As a retailer you are to deter­ rubber footwear”, however, the term destination less all discounts allowed him mine your maximum delivered selling prices except the discount for prompt payment. according to the provision of this Order No. ♦Copies may be obtained from the Office No drayage, loading or unloading charges 126. This order permits retailers to add to of Price Administration. shall be included in “net cost”. their "net cost” per dozen- of each size, a 17 FJR. 7749, 7967, 8363, 8809. FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9085

“ rubber footwear” shall denote only foot­ pacs, and bootees less than ten inches $1.00 for extra thickness, add $1.00 for re­ wear which has been worn. in height. sawing and deduct 25% of the total 6/4 price * * * * * ***** so obtained. The result obtained by deduct­ ing the 25% from the “total 6/4 price” is Restriction of Transfers Effective Date the price per M for 11/16, rough. Footage ***** shall be computed as though the 11/16 boards § 1404.71 Effective dates of amend­ § 1404.5 Transfer of rubber footwear were one inch thick. An example of how to ments. * * * apply this formula is set out below: must be accompanied by surrender of (d) Amendment No. 4 (§§ 1404.5, To arrive at the price of # 1 Common 11/16 certificates, (a) E x c e p t as otherwise 1404.2 (1), 1404.6 (a), 1404.11 (c), 1404.69 x 8, rough, air dried, standard lengths: provided in Ration Order No. 6, a sale at (b) ) shall become effective November 11, retail of rubber footwear shall be made First: Take the price of the corre­ 1942. •. sponding item of 6/4 # 1 Common only upon the surrender of Parts I and 6/4 x 8, Rough, AD, Standard III of a certificate authorizing such (Pub. Laws 421 and 729, 77th Cong.; W.P.B. Directive No. 1, 7 P.R. 562, and Lengths______$39.00 transfer and a transfer of rubber foot­ Secondr Add $1.00 for extra thickness. 1.00 wear, other than by sale at retail, shall Supplementary Directive No. 1-N, 7 F.R. Third: Add $1.00 for resawing______1. 00 be made only upon the surrender of Part 7730, E.O. 9250, 7 F.R. 7871) I of a certificate authorizing the trans­ Issued this 5th day of November 1942. Fourth: Total 6/4 price______41.00 fer of such rubber footwear. Fifth: Deduct 25% from “total 6/4 L e o n H enderson, price”______10.25 (b) Whenever, under the provisions of Administrator. Ration Order No. 6, the surrender of Result: Maximum price for 11/16 x 8, [F. R. Doc. 42-11542; Filed, November 5, 1942; certificates is required for the transfer Rough, AD, Standard Length______$30.75 of rubber footwear, no person shall trans­ These computations need not be shown on fer rubber footwear of any type other the invoice. than the type described on the certificate lib . 11/16, resawn, SIS, S2S, S3S, take the surrendered therefor: Provided, however, price of the corresponding item of 6/4, S4S, P art 1381—So f t w o o d L u m ber That olive drab, clay, or khaki colored add $1.00 for extra thickness, add $1.00 for rubber footwear classified as type 5 ac­ [MPR 19, Amendment 5] resawing, and deduct 25% from the total 6/4 price so obtained. Compute footage as cording to Appendix A (§ 1404.69) may SOUTHERN PINE LUMBER be sold at retail upon the surrender of though the boards were one inch thick. See certificates authorizing the transfer and A statement of the considerations in­ example in Note 11a. 11c. 11/16, resawn, S4S, take the price of acquisition of rubber footwear described volved in the issuance of this amendment has been issued simultaneously herewith the corresponding item of 6/4, S4S, add $1.00 on such certificate as type 4. for extra thickness, add $1.00 for resawing, and has been filed with the Division of add $1.00 for dressing after resawing, and Acquisition of Rubber footwear by the Federal Register.* deduct 25% from the total 6/4 price so ob­ Consumers In § 1381.212 (a), the title of Table 2 tained. Compute footage as though the § 1404.6 Eligibility— (a) Individuals. is amended; the column of prices en­ boards were one inch thick. See example titled “Standard Lengths” is revoked; in Note 11a. Individuals (1) whose work is essential lid . 5/8, figure price just as you would for to the promotion of the war effort or to items 11a, lib, 11c and lid are added, and items 13,15,16 and 18 are amended; 11/16 except that you do not add anything the maintenance of public health or for extra thickness. The price will therefore safety or to the preservation of mines, in Table 3, the column of prices en­ be 75f per M less than the corresponding and (2) who in their work are necessarily titled “Random Lengths” is revoked; the item of 11/16. Compute footage as though exposed to water, snow, mud, spray, prices of 2 " x 6 " are amended to equal the boards were one inch thick. See exam­ splash, floor heat, danger of burns, the the 2" x 8 " prices; items 11a and 21a are ple in Note 11a. action of chemicals, or other similar con­ added; and items 2, 12, 18 and 21 are ***** ditions, to such an extent that the use amended; in Table 16, item 6a is added; 13. Where the buyer requires an average of rubber footwear is necessary to the and Table 17 is amended in its entirety. width, charge the price which would have In § 1381.212 (b ), the Jitle of Table 2 been charged had the purchaser ordered the preservation of their health or safety. various widths which were shipped. * * * * * is amended; items 12a. 12b, 12c and 12d are added, and item 14 is amended; in * * * * f * 8 1404.11 Issuance of certificates. For Length: ♦ * * Table 3, item 2 is amended; in Table 14, item 6a is added; and in Table 15, items 15. The price for “random lengths” is the (c) The certificate issued shall au­ same as the price for 12' lengths. Random 21 and 22 are amended, and item 35a lengths must average at least 12'. If the thorize the acquisition only of the type is added. of rubber footwear which is the mini­ lengths do not average at least 12' (with In § 1381.212 (d) (4) (iii), weights for a tolerance of 3” ), the price may not be mum necessary to satisfy the require­ dry timbers are added under weights of higher than the 10' price. Random lengths ments of the applicant, and certificates “Heavy Joists, Timbers Etc. (Over 2" are 4 to 20', inclusive, in multiples of 2', authorizing the acquisition by consum­ Thick)” , and a new subparagraph (5) and may not contain more than the following ers of rubberffootwear described thereon is added. percentages of short lengths: as type 5 shall be issued only to miners In § 1381.212 (e), a list of qualified pro­ or their employers who meet all the ducers is added to subparagraph (1). requirements of Ration Order No. 6. 4' V 8' § 1381.212 Appendix A : Maximum Appendix prices for Southern pine lumber Percent Percent Percent No. 1...... None None 5 § 1404.69 Appendix A. * * * where shipment originates at a mitt. No. 2...... 5 5 5 (b) Rubber pacs, bootees, and work (a) * * * No. 3, No. 4 & Dunnage, 8" & Wider______5 5 5 shoes (worn instead of shoes, typically T able 2— B oards an d St r ip s No. 3, No. 4 & Dunnage, 3" to May contain total of laced over the instep, and below-the- 6" Widths. 25% under if f knee in height). ( Air Dried, SIS, S2S, S3S, S4S, S2S and Matched Shiplap, ECB1S or ECE2S, V Joint, Type 5. Pacs and bootees, :ten inches Standard or Thinner, Including iifo if dressed 16. Where the buyer specifies any restricted or more in height (with or without steel from 1” Stock standard length, 8 to 16', 10 to 16', or other­ toes). All rubber mine pacs and mine * * * wise, charge the specified length price for the lengths actually shipped. bootees and all other rubber footwear 11a. 11/16, resawn, rough, take the price ***** of this class laced over the instep ten of the corresponding item of 6/4 rough, add inches or more in height. 18. Where the buyer requires an average length, charge the price for the specified Type 6. Pacs, bootees, and work shoes ♦Copies may be obtained from the Office of length corresponding to the average length below ten inches in height Twith or with­ Price Administration. required. out steel toes). All rubber work shoes, 17 Fit. 5427, 5869, 7094, 8023. • * * • • 9086 FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942

T able 3—D imension, A ir D ried, SIS, S2S, 83S, or S4S 3 x 11 3 x 3 to 3 x 9 to and 8 X 8 10 x 10 10' 12' 14' 16' 18' 20' 22'-24' larger Grade 8' length 0' length length length length length length length lengths

V 41 * . * * • * 4i 4i ' *. " 4. Square Edge and Sound... $1.00 $1.00 $2.00 6. Medium Grain (add to No. 1: 2 x 6...... $33.00 $34.00 $33.00 $33.00 $34.00 $34.50 $36. 50 $37.50 $43.00 J No. 1 or No. 2 Common) 3.00 3.00 8.00 • ««•** * * * * 6. Dense (add to No. 1 or f No. 2 Common)...... 5.00 6.00 7.00 No. 2: 2 x 6...... 28.00 29.00 28.00 28.00 29.00 29.50 31.50 32.50 38.00 7. Dense Square Edge and * **** * 4> 4t * • 6.00 7.Ö0 9.00 8.(Dense No. 1 Structural__ 7.00 8.00 10.00 No. 3: 2 x 6______21.00 22.00 21.00 21.00 22.00 22.50 24.50 25.50 27.50 9. ¡Dense Structural, Square \ Edge and Sound...... 9.00 10.00 12.00 • • * * 4t 41 * *• • 10. Dense Structural______11.00 12.00 14.00 11. Dense Select Structural.. 13.00 14.00 16.00 * * * * * 12. 8 5% Heart Facial Area (add to grade specified). 10.00 12.00 15.00 2 x 10 a n d 2 x 11 and For Working: L e n g t h 13. 90% Heart Facial Area s m a lle r la rg e r Jadd to grade specified). 13.00 15.00 18.00 2. Shiplap, Center Matched, Dressed and 14. SM /o Heart Cubical Con­ Matched or Grooved or any other dressing, tent (add to grade spec­ 2 6 '...... $1.00 $1.00 ified)...... ‘---- - 8.00 10.00 ' 12.00 add $1.00. 2 8 '...... i ...... 2.00 2.00 . ■' ' 3 0 '...... 3.00 5.00 ***** 3 2 '...... 5.00 7.00 9.00 For Lengths: For Grade: 3 4 '...... ' 7.00 15. Over 20', add to 20' prices (all grades): 36' ...... - ...... 9.00 12.00 11a. The additions permitted by items 6, 3 8 '...... - ...... 12.00 15.00 15.00 20.00 7, 8, 9, 10 and 11, may only be made when . 4 0 '...... 3 x 3 to 3 x 11 and 10 x 10 larger each piece has been grade-marked. 21a. On random length shipments, one of 12. Sound and Square Edge, same price as the two following procedures must be used: $5.00 $5.00 the No. 2 common price. If a flat price is quoted, the average length 26'...... - ...... 6.00 6.00 * * * * * to be shipped must be specified and the price 28' ...... 7.00 7.00 30' ...... 8.00 10.00 shall be that of the average length specified For Length: 32' ______10.00 12.00 and shipped. If a flat price is not quoted, the 34'...... 12.00 14.00 18. Where the buyer requires an average specified length price for each length shipped 36'...... —...... 14.00 17.00 length, charge the price for the specified may be charged for the quantity of that 38'...... 17.00 20.00 20.00 25.00 length corresponding to the average length length shipped. 4 0 V ...... required. ♦ * * * * ***** T able 18— Car M aterial 16. For lengths over 40', add $5.00 per lineal * * * * * 2it For lengths longer than 24 feet*, add to foot. For Condition: 17. Odd or fractional lengths over 8', shall 24' price as follows (for all grades): 6a. Green, deduct $2.00 on 2" and thinner, be counted and priced as next longest even and $4.00 on thicknesses greater than 2". length. 18. For lengths shorter than 8’, use nearest TABLE 17—TIMBERS, GREEN, ROUGH multiple length price plus a total of $2.00 for cross-cutting. 19. Where the buyer specifies an average No. 1 common No. 2 common length, charge the specified length price for lengths shipped. Sizes Specified Specified Specified Specified Specified Specified 20. Where required by the buyer, for preci­ lengths lengths lengths lengths lengths lengths sion cutting to a specified exact length, 8' to 16' 18' and 20' 8' to 20' 8' to 16' 18' and 20' 8' to 20' where a tolerance of not more than y2” is allowed, add $1.50. No addition is permitted $32.00 $36.00 $29.00 $33.00 for customary double end trimming. 32.00 36.00 29.00 - 33.00 For Condition: 3x7 to 5x8 L 32.00 36.00 29.00 33.00 21. Anti-stain treatment (any form) 3 x 3 30.00 34.00 27.00 31.00 to 10 x 10, or 2 x 14 and wider, add $1.00; 34.00 38.00 30.00 % 34.00 $39.00 $35.00 3 x 11 and larger, add $2.00. 6 x 9 to 10 x 10 38.00 34.00 22. Kiln dried, 20% moisture, 40” cubic 3 x 11 to 5 x 12 46.00 42.00 content and smaller, add $5.00; over 40” 44.00 40.00 cubic content, add $8.00 (cubic content is 3 x 13 to 7 x 14 54.00 50.00 8 x 13 to 14 x 14 52.00 48.00 figured by multiplying width by thickness). 64.00 60.00 23. Air dried, 23% moisture, add $4.00 for 62.00 58.00 all sizes. 3 x 17 to 7 x 18 74.00 24. Kiln dried 2” Timbers* up to 12” , 8 x 17 to 18 x 18 72.00 86.00 Square Edge and Sound and grades above, g x 19 to 20 x 20 84.00 add $3.00. For 2 x 14” and 2 x 16” , No. 1 Common and grades above, add $6.00. For Size: Additions and Deductions per 1,000 feet 3. Beveling and/or outgauging ior two 25. In No. 1 Common and grades above, "board measure: edges' on one face, add $4.00; for four edges, for each 2” above 20 x 20, add $12.00 to the For Working: or one face and one edge, add $8.00 (to dressed 20 x 20 price. 1. S I4 S2& S3k, S4L Shiplap or T and G, prices in each case). 26. Fractional thickness, add $3.00 to near­ add $2.0(6. T ' For grade, add to No. 1 Common prices est listed thicker thickness. Compute foot­ 2. Grooved 2 c dges, add $3.00 (to dressed unless otherwise specified: age on actual thickness. prices). | FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9087

27. Fractional widths, add $3.00 to nearest T able 14— Car M a t e r ia l § 1381.211a Effective dates of amend­ listed wider width and compute footage on ***** ments. * * * actual width. For Condition: t f) Amendment No. 5 (§ 1381.212) to 28. For 2” Timbers, Square Edge and Sound 6a. Green, deduct $2.00 on 2 " and thinner, Maximum Price Regulation No. 19 shall and grades above, when grade-marked, add and $4.00 on thicknesses greater than 2". $2.00 to title comparable 3” price, except for become effective November 5, 1942. T able 15— T im b e r s, G r e e n , R o u g h 2 x 14 and 2 x 16, No. 1 Common and grades (Pub. Laws 421 and 729; 77th Cong.; E.O. above, add $3.00. * * * * * 9250; 7 F.R. 7871) 29. Where the buyer specifies an average For Size: size, charge the price for the average size 21. Fractional thickness, add $3.00 to price Issued this 5th day of November 1942. required. of the nearest greater listed thickness; com­ L e o n H end er so n, 30. Where the buyer specifies a cubic aver­ pute footage on actual size. age, the price shall be that of the length in 22. Odd or fractional widths, use price of Administrator. 12 x 12 required to equal the specified r~bic nearest listed wider width, and compute foot­ average. [F. R. Doc. 42-11547; Filed, November 5, 1942; age on actual width. 4:22 p. m.]

an hour, and (2) providing that learners ment more favorable to employees than to render it water-resistant, of oiled - may be employed at subminimum rates the requirements of this determination. waterproof cotton outer garments, and of in accordance with the present applicable Dated: November 4, 1942. all other types of rainwear, shall be 40 regulations of the Administrator of the F r a n c e s P e r k in s , cents an hour, or $16 per week of 40 Wage and Hour Division. Secretary of Labor. hours, arrived at either upon a time or The notice sets forth that: (1) The [F. R. Doc. 42-11515; Filed, November 5, 1942; piece-work basis, provided that learners minimum wage regularly to be paid by to­ may be employed at subminimum rates bacco manufacturers subject to the pro­ 11:40 a. m.] in accordance with the present applicable visions of the Fair Labor Standards Act of 1938 became 40 cents an hour on regulations issued by the Administrator of the Wage and Hour Division under the August 10, 1942, pursuant to the wage P ar t 202—M i n i m u m W age Fair Labor Standards Act of 1938 which order of the Administrator of the Wage D eterminations and Hour Division for the Tobacco In­ I hereby adopt for the purposes of this dustry; (2) substantially all employees RAINWEAR INDUSTRY determination. (Sec. 1 (b ), 49 Stat. subject to my prevailing wage determina­ In the matter of the determination of 2036; 41 U.S.C. 35 (b )) tion for the Tobacco Industry, are en­ the prevailing minimum wage in the This determination shall be effective gaged in commerce or in the production rainwear industry. and the minimum wage hereby estab­ of goods for commerce, and consequently This matter is before me pursuant to lished shall apply to all contracts subject the wage order has the effect of establish­ section 1 (b) of the Act of June 30, 1936 to the Public Contracts Act, bids for ing 40 cents an hour as the prevailing (49 Stat. 2036; 41 U.S.C. Supp. IH 35), which are solicited or negotiations other­ minimum wage in the Tobacco Industry; entitled “An Act to provide conditions wise commenced by the contracting and (3) it appears desirable, for the pur? for the purchase of supplies and the mak­ agency, on or after December 4, 1942, ex­ pose of co-ordinating the administration ing of contracts by the United States, cept that learners may be employed at of the Fair Labor Standards Act of 1938 and for other purposes,” otherwise known subminimum rates, in accordance with and the Public Contracts Act, to provide as the Walsh-Healey Public Contracts the present applicable regulations of the that learners may be employed at sub­ Act. Administrator of the Wage and Hour Di­ minimum rates under this determination On September 2, 1942, the Assistant vision, on or after December 4, 1942, in in accordance with the present applicable Administrator of the Division of Public the performance of contracts, bids for regulations of the Administrator of the Contracts of the Department of Labor which were solicited or negotiations Wage and Hour Division. issued a Notice of Opportunity To Show otherwise commenced by the contracting This notice was sent to trade unions, Cause on or before September 22, 1942, agency prior to that date. trade associations, and publications and why I should not amend the prevailing Nothing in this determination shall was duly published in the F ederal Regis­ minimum wage determination for the affect such obligations for the payment ter (7 F.R. 6908). No objections, pro­ Men’s Raincoat Industry issued by me of minimum wages as an employer may tests, or any statements in opposition to on July 28, 1937, and amended Septem­ have under the Fair Labor Standards the proposed amendments have been ber 18, 1939, February 8, 1941, and Au­ Act of 1938 or any wage order thereunder, received. gust 12, 1942, by changing the descrip­ or under any other law or agreement Upon consideration of all the facts and tion of the industry in the title of this circumstances, I hereby determine: more favorable to employees than the determination from the “Men’s Rain­ requirements of this determination. § 202.26 Tobacco, (a) The Tobacco coat Industry” to the “Rainwear Indus­ Dated: November 4,1942. Industry, for the purpose of this deter­ try” and by providing that learners may F r a n c e s P e r k in s , mination, is defined to include the manu­ be employed at subminimum rates in ac­ Secretary of Labor. facture of cigarettes, of chewing and cordance with the present applicable smoking tobaccos, and of snuff, but to regulations of the Administrator of the [F. R. Doc. 42-11514; Filed, November 5 ,1942; exclude the manufacture of cigars. Wage and Hour Divisipn issued under the 11:41 a. m.] (b) The minimum wage for employees Fair Labor Standards Act of 1938. engaged in the performance of contracts This notiee was sent to members of the with agencies of the United States Gov­ industry, to trade unions, trade associa­ TITLE 46—SHIPPING ernment subject to the provisions of the tions and publications, and was duly pub­ Walsh-Healey Public Contracts Act (49 lished in the F ed e r a l R e g is t e r (7 F.R. Chapter IV—War Shipping Administration Stat. 2036; 41 U.S.C. Supp. IH 35) for 7019). No objections, protests, or any [General Order 16, Supp. 6] the manufacture or supply of the prod­ statements in opposition to the proposed ucts of the Tobacco Industry as herein amendments have been received. The P a r t 303—C o n t r a c t s fo r C a r r ia g e o n defined shall be 40 cents an hour, or $16 only communication received in answer V e s s e l s O w n e d or C h a r t e r e d b y t h e per week of 40 hours, arrived at either to the notice was a memorandum on be­ W ar S h i p p i n g A dministration upon a time or piece-work basis, provided half of the International Ladies’ Garment BILL OF LADING CLAUSE that learners may be employed at'sub­ Workers’ Union in support of the pro­ minimum rates in accordance with the posed amendment. § 303.31 Bill of lading clause for cargo present applicable regulations issued by Upon consideration of all the facts and carried on public vessels of the United the Administrator of the Wage and Hour circumstances, I hereby determine: States. The following clause will be con­ Division under the Fair Labor Standards spicuously printed or stamped on all § 202.4 Rainwear, (a) The title of Bills of Lading issued by War Shipping Act of 1938 which I hereby adopt for the this determination shall be “In the Mat­ purposes of this determination. (Sec. 1 Administration agents pursuant to Gen­ ter of the Determination of the Prevail­ eral Order No. 16: (b), 49 Stat. 2036; 41 U.S.C. 35 (b)) ing Minimum Wage in the Rainwear In­ This determination shall be effective dustry.” If the goods herein covered are carried on and the minimum wage hereby estab­ a vessel owned by or under bareboat charter (b) The minimum wage for employees to the United States and which is a Public lished shall apply to all contracts subject engaged in the performance of contracts to the Public Contracts Act, bids for Vessel of the United States, War Shipping with agencies of the United States Gov­ Administration, on behalf of the United which are solicited or negotiations other­ ernment subject to the provisions of the wise commenced by the contracting States, hereby assumes all liabilities it would Walsh-Healey Public Contracts Act (49 have with respect to the carriage of such agency on or after December 4, 1942. Stat. 2036 ; 41 U. S. C. Supp. IH 35), for goods if the vessel were a merchant vessel Nothing in this determination shall the manufacture or supply of men’s rain­ except with respect to cargo owned by the affect such obligations for the payment coats, including vulcanized and rubber­ United States or any Agency or Department of minimum wages as an employer may ized raincoats and raincoats made from thereof and lend-lease cargo. This clause is have under the Fair Labor Standards to be construed only as an agreement that material known under the registered such cargo when carried on such a Public Act of 1938, or any wage order there­ trade-mark of "Cravenette” or from fab­ Vessel shall be treated as though the carry­ under, or under any other law or agree­ ric chemically or otherwise treated so as ing vessel were a merchant vessel with re- FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9089 spect to liabilities for loss or damage to sucbt TITLE 49—TRANSPORTATION AND fications and minimum prices in size cargo. RAILROADS groups 1 to 7, inclusive,'for all shipments General Order No. 16, Supplement No. except truck and for truck shipments, for Chapter II—Office of Defense the coals of Red Parrot No. 2 Mine (Mine 5 1 is hereby superseded by this Supple­ Transportation ment No. 6. Index No. 593) of Red Parrot Coal Com­ [Exemption Order ODT 23-1] pany, a Code Member in District No. 8. [ s e a l ] E. S. L a n d , Administrator. Petitioner, District Board No. 8, hav­ Part 521—C onservation of M otor ing moved that the hearing in the above- N o v e m b e r 5, 1942. Equipment—Exceptions, Permits, and entitled matter, scheduled for October [P. R. Doc. 42-11554; Filed, November 6, 1942; E x e m p t io n s 15, 1942 and postponed to November 5, 11:17 a. m.] Subpart O— Limitation on Speed of Motor Vehicles' 1942 at 10 o’clock in the forenoon of that TESTING EQUIPMENT day, be further postponed to November 12, 1942 because counsel for petitioner is By virtue of the authority vested in me not able to be present at the hearing in [General Order'No. 6, Supp. 5] by Executive Order No. 8989, dated De­ this matter on November 5; and cember 18, 1941, and by Executive Order P ar t 305— I n s u r a n c e It appearing that good cause for the No. 9156, dated May 2, 1942: postponement has been shown; WAR RISK INSURANCE ON SHIPMENTS TO It is hereby ordered, That: Now, therefore, it is ordered, That the TERRITORIES § 521.3600 Exemption of motor ve­ hearing in the above-entitled matter be, hicles used in testing, (a) Motor ve­ and it hereby is, postponed from Novem­ War Risk Insurance—Automatic Cov­ hicles used by the United States or any ber 5,1942 until 10 o’clock in the forenoon erage on Import Cargoes and on Cargoes agency thereof, the District of Columbia, of November 12, 1942 at the place here­ Shipped to the Territories and Posses­ a State or any agency or political subdi­ tofore designated. sions of the United States. vision thereof, in testing tires, fuels, or Dated: November 4, 1942. Pursuant to the authority contained equipment, and motor vehicles used ex­ in the Merchant Marine Act of 1936, as [ s e a l ] D a n H. W h e e l e r , clusively for the experimental testing of Director. amended, the following Standard Op­ synthetic or natural rubber tires by man­ tional Endorsement No. X III is hereby ufacturers or producers of such tires are [F. R. Doc. 42-11525; Filed, November 5, 1942; promulgated: hereby exempted from the provisions of 11:33 a. m.] Notwithstanding the provisions of Subpart O, (General Order ODT 23l) General Order No. 6 Supplement No. 4 Part 501, this chapter and title of the (§ 305.60) Clause 16 of Part II of War- Code of Federal Regulations, during the [Docket No. A-78] shipopencargo Policy with respect to the periods such motor vehicles are being exclusion of metal articles and soap and used in such testing. T e c u m s e h C o a l C o r p o r a t io n toilet preparations from any coverage (b) The provisions of this exemption MEMORANDUM OPINION AND ORDER GRANTING under a Warshipopencargo Policy an as­ order (§ 521.3600) shall not be so con­ RELIEF sured may hereafter endorse ,such a pol­ strued or applied as to permit any person icy to cover all shipments of those com­ to drive or operate,N or cause, permit, In the matter of the petition of Tecum­ modities from the Continental United suffer, or allow to be driven or operated, seh Coal Corporation for revision of the States (excluding Alaska) to any one or any motor vehicle at a rate of speed effective minimum prices for the coals more of the territories and possessions which is in excess of the applicable speed of Mine Index No. 105, District No. 11, of the United States including Alaska limit duly prescribed by other competent in Size Groups 17 to 25, inclusive, pur­ according to the provisions of the fol­ public authority. suant to section 4 II (d) of the Bitumi­ lowing Standard Optional Endorsement (c) This exemption order (§ 521.3600) nous Coal Act of 1937. No. X III: shall become effective on November 6, This proceeding was instituted upon § 305.99 Standard Optional Endorse­ 1942, and shall remain in full force and an original petition filed with the Bitu­ ment No. X III. It is understood and effect until further order. minous Coal Division (the “Division” ) agreed that all shipments of (1) soap on October 3, 1940, by Tecumseh Coal Issued at Washington, D. C., this 5th Corporation (“Tecumseh” ) , a code mem­ and toilet preparations and (2) metal day of November 1942. articles, each as defined in the United ber in District 11, pursuant to section 4 Joseph B. Eastman, II (d) of the Bituminous Coal Act of States Department of Commerce “ Sta­ Director of Defense Transportation. tistical Classification of Imports” in sec­ 1937 (the “Act” ). Amendments to the tions of Code Classification numbered N ovember 5, 1942. petition were likewise filed on October 10 and 15, 1940. The petition, as amended, respectively (1) §§ 8711.0-8731.2, and (2) [F. R. Doc. 42-11548; Filed, ifovember 6, 1942; §§ 6835.0-6905.0 are covered hereunder 10:35 a. m.] requested that petitioner’s Tecumseh with respect to shipments from the Con­ Mine" (Mine Index No. 105) coals in the tinental United States (excluding washed industrial sizes (Size Groups 17 to 25, inclusive), when sold to the Indian­ Alaska) to the territories and posses­ N o t ic e s sions of the United States including apolis Power and Light Company (the Alaska. “Power Company” ) , have the same mini­ All other terms and conditions remain­ mum f. o. b. mine prices as are estab­ ing unchanged. DEPARTMENT OF THE INTERIOR. lished for District No. 11 Price Group 10 raw industrial coals of similar size. Both This order shall become effective No­ Bituminous Coal Division. vember 5, 1942. temporary and permanent relief were [Docket No. A-1618] requested. [ s e a l ] E. S. L a n d , Petitions of intervention were filed by D is t r ic t B oard N o . 8 Administrator. District Board 11; Ayrshire Patoka Col­ N o v e m b e r 4,1942. ORDER POSTPONING HEARING lieries Corporation, Black Hawk Coal [F. R. Doc. 42-11555; Filed, November 6, 1942; In the matter of the petition of District Corporation, The Enos Coal Mining Com­ 11:17 a. m.] Board No. 8 for changes in price classi- pany, Hickory Grove Coal Mining Cor­ poration, and Princeton Mining Com­ 17 F.R. 8526. 17 F.R. 7694. pany, code members in District 11; Old 9090 FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942

Ben Coal Corporation, et al. (five others), relief already granted and states that sents have been under careful considera­ code members in District 10; and jointly the facts have changed since relief was tion. Considering both the difficulty and by Snow Hill Coal Corporation, a code granted, in that petitioner who then novelty of the problem and the great care member in District 11, and Midland stated that its mine was shut down be­ necessary in its resolution, the time taken Electric Coal Corporation, et al. (five cause of its inability to sell screenings to in study has been well spent. I believe others), code members In District 10. the Power Company is now one of the that experience under established mini­ Consumers’ Counsel Division (“ Consum­ largest producers of coal in Indiana. Be­ mum prices both by the Division* and ers’ Counsel” ) entered an appearance.1 cause of the alleged preference to peti­ petitioner is now sufficient to permit full Pursuant to an appropriate order and tioner and because it contends that the consideration and a complete disposition after due notice to all interested persons, establishment of an individual consumer of the subject matter of this proceeding. a hearing in this matter was held on Oc­ price is not contemplated by the Coal On the basis of the present record I tober 11-12, 1940, before H. A. Gray, Di­ Act, intervener argues that the tempo­ do not feel inclined to establish a special rector, at a hearing room of the Division rary relief granted petitioner is contrary minimum price for petitioner’s coals for in Washington, D. C. All interested per­ to the provisions of the Act. Intervener shipment to a single consumer. I am re­ sons were afforded an opportunity to be states that “while this intervener did not luctant to enter ar final order in this pro­ present, adduce evidence, cross-examine desire to introduce any additional evi­ ceeding, however, until T?etitioner is af­ witnesses and otherwise be heard. Ap­ dence two years ago, the facts have ma­ forded an opportunity to present any pearances were entered by the petitioner; terially changed since that time.” Ac­ additional evidence which may be per­ District Board 11; Ayrshire Patoka Col­ cordingly, it urges that the reasons for tinent. on this issue, as well as on the lieries Corporation, The Enos Coal Min­ the granting of the temporary relief have broader question of whether general re­ ing Company, Hickory Grove Coal Min­ terminated and that the temporary re­ lief is justified. It is desirable that no ing Corporation, Princeton Mining Com­ lief should be cancelled without further permanent order be entered without con­ pany, and Snow Hill Coal Corporation, testimony, or, in the alternative, that the sideration of petitioner’s experience in code members in District 11; and Old Ben hearing should be reopened and tempo­ the sale of -its washed coals subsequent Coal Corporation, et al., and Midland rary relief terminated pending such final to the original hearing. This experience Electric Coal Corporation, et al., code hearing in this matter. will prove helpful in considering the ef­ members in District 10; and Consumers’ On October 24, 1942, petitioner, Te- fect of the differential between prices of Counsel. At the close of the hearing on cumseh Coal Corporation, filed a docu­ petitioner’s washed coal in the industrial October 12,1940, the proceeding was con­ ment indicating its opposition to inter­ sizes and prices for standard Fifth' Vein tinued to November 22,1940, for the pur­ vener’s motion, specifically denying many raw coal in similar sizes in Price Group pose of hearing additional evidence. of the allegations made in the moving 10, based upon shipments to the several On October 24,1940, cm the basis of the papers and contending that the tem­ market areas, rather than to a single record, the Director entered an order porary relief granted in the Order of customer. granting the jelief prayed for, tempo­ October 24, 1940, should be continued to Therefore, pursuant to what may be rarily, pending a final determination of permit it to sell to the Power Company termed the alternative prayer in peti­ the proceeding. The order granting tem­ at special minimum prices. In the final tioner’s papers filed in opposition to in­ porary relief required the petitioner to paragraph petitioner states, “If the Di­ tervener’s motion, I find that petitioner file with the Division a verified weekly rector should determine in his decision should be given leave to amend its peti­ statement showing the tonnage shipped in this proceeding that, as a matter of tion within thirty (30) days from the to the Power Company, prices, and data law, the authorization of specific prices date of this order in accordance with showing all other producers from whom to a specific consumer is not permissible the above opinion, and that the tem­ the Power Company purchases coal, to­ under the Act, petitioner will of course be porary relief granted herein shall remain gether with tonnages purchased and forced to petition for an enlargement effective until otherwise ordered by the prices paid, such statement to become a of the issues in this proceeding.” Director. part of the record in this proceeding. The hearing in this proceeding was Accordingly, it is so ordered. Motions were filed by Black Hawk Coal held on October 11-12,1940, shortly after Dated: November 2, 1942. the establishment of minimum prices. Corporation and Ayrshire Patoka Col­ [ se al] D a n H . W h eeler , lieries Corporation, with respective sup­ Petitioner at that time had had prac­ Director. porting briefs, and by Consumers’ Coun­ tically no experience in the sale of its sel to dismiss the proceeding. coal under the established minimum [F. R. Dec. 42—11526; Piled, November 5, 1942; On November 19 to December 10, 1940, prices. It was impossible to determine 11:33 a. m.} stipulations by the parties were filed lim­ then what effect decreases in petitioner’s iting the issue in this proceeding to the minimum prices might have on the sta­ propriety of the m inim um prices there­ tus of competitive coals. Moreover, [Docket No. 1815-FD] whether the price relationship between tofore established for petitioner’s coals F r a n k H . M cD onald, D efend ant in Size Groups 17 to 25, inclusive, when petitioner’s washed screenings and sold to the Power Company. On the Standard Fifth Vein raw screenings in RESTORATION OF CODE MEMBERSHIP basis of these stipulations petitioner filed District No. 11 should be varied for one Order granting application for restora­ a motion to close the hearing. On Jan­ consumer, the Power Company, on the tion of code membership and restoring uary 15, 1941, an order was entered so basis of experience with that one con­ code membership. limiting the issue and closing the hearing. sumer, posed new and difficult problems. A written complaint dated July 24, Intervener Black Hawk Coal Corpora­ Nevertheless, apparently, need for relief 1941, pursuant to the provisions of sec­ tion now (on October 5, 1942) files a was urgent; petitioner’s mine was shut tions 4 n (j) and 5 (b) of the Bituminous “Motion for Pinal Hearing and Termina­ down. Accordingly, temporary relief Coal Act of 1937 (the “Act” ) having been tion of Temporary Order pending Pinal was granted. duly filed on August 4, 1941, by Bitumi­ Hearing.” Intervener argues that the As heretofore noted, the problems nous Coal Producers Board for District temporary relief granted to petitioner is raised by this proceeding were novel in No. 3, a district board, as complainant, preferential to it and prejudicial to in­ character. Their proper resolution was tervener and other producers, in that the extremely important to effective admin­ *In other price proceedings, the Division latter are barred by the differential be­ istration of the Act. Therefore, the ef­ has had occasion to consider and pass on the tween the prices for their washed screen­ fect of the temporary relief granted to question of a special minimum price to a ings and those of petitioner from selling petitioner upon the distribution of In­ single consumer. See, for example, in the coals to the Power Company. It urges diana coals was closely scrutinized. The matter of the petition of the Ford Collieries that a sufficient period of time has weekly reports required from petitioner Co., etc., Docket No. A-302; in the matter of by the Order granting temporary relief the petition of the New River Company, etc., elapsed for the Director to determine if Docket No. A-90; in the matter of the peti­ petitioner is entitled to the temporary have been carefully studied. Indeed, tion of Hill-Anderson Coal Company, etc., since January 15, 1941, when the Order Docket No. A-416; in the matter of the peti­ 1 Now, the Bituminous Coal Consumers’ was entered closing the hearing in this tion of the Mallory Coal Company, etc., Counsel. matter, all the problems which it pre­ Docket No. A-164. FEDERAL REGISTER, Saturday, November 7, 1942 9091 with the Bituminous Coal Division (the in the above entitled matter by order Labor, do hereby appoint and convene “Division” ), alleging wilful violation by issued December 13, 1940, 5 F.R. 5156, for the pens and pencils manufacturing the above-named defendant of the Bitu­ be and the same hereby is terminated. industry (as such industry is defined in minous Coal Code (the “Code” ) , or rules It is further ordered, That the original paragraph 2) an industry committee and regulations thereunder; and petition in the above entitled matter be composed of the following representa­ An order cancelling and revoking the and the same hereby is dismissed without tives: membership of the said Frank H. McDon­ prejudice. For the public: ald in the Code, pursuant to section Dated: November 4, 1942. David A. McCabe, Chairman, Princeton, 5 (b) of the Act, and directing the pay­ [ s e a l ] D a n H. W h e e l e r , New Jersey. ment to the United States of a tax of Director. Eveline M. Burns, New York, New York. $147.25 as a condition precedent to the Russell J. Clinchy, Hartford, Connecticut. restoration thereof, pursuant to section [F. R. Doc. 42-11552; Filed, November 6, 1942; Alva W. Taylor, Nashville, Tennessee. 11:04 a. m.] 5 (c) of the Act, having been issued For the employees: herein, after hearing, on December 17, Arthur Waltz, New York, New York. 1941; and Carl Holderman, Newark, New Jersey. An application for the restoration of DEPARTMENT OF LABOR. Boris Shishkin, Washington, District of membership in the Code dated October Columbia. 20, 1942 having been duly filed with the Division of Public Contracts. Joseph A. Briegel, Chicago, Illinois. Division on October 21, 1942 by the said v a p o r a t e d a n d o w d e r e d k im m e d i l k For the employers: Frank H. McDonald; and E P S M It apearing from said application that EXCEPTION FROM PROVISIONS OF WALSH- E. M. Beroisheimer, New York, New York. J. P. Fitzpatrick, Lewi^burg, Tennessee. the said Frank H. McDonald has paid to HEALEY ACT Robert S. Gilliam, Petersburg, Virginia. the Collector of Internal Revenue at Whereas the Secretary of War on Sep­ Kenneth Parker, Janesville, Wisconsin. Parkersburg, West Virginia Said tax of tember 30, 1942, made written findings Such representatives having been $147.25 on September 24, 1942, pursuant that the inclusion of the representations to said Order dated December 17, 1941, chosen with due regard to geographical and stipulations of section 1 of the regions in which such industry is carried and said section 5 (c) of the Act, as a Walsh-Healey Public Contracts Act (49 condition precedent to the restoration of on. Stat. 2036; 41 U. S. C. 35) in contracts his membership in the Code; 2. For the purpose of this order the awarded on or before December 31, 1943, Now, therefore, It is ordered, That the term “pens and pencils manufacturing for evaporated milk and powdered industry” means: said application of the said Frank H. skimmed milk, will seriously impair the McDonald for restoration of membership conduct of Government business; and The manufacture of pens and pencils, in­ in the Code, be and the same hereby is Whereas the Secretary of War by let­ cluding, but without limitation, fountain granted; and pens, fountain pen desk sets, stylographic ter dated October 27, 1942, requested pens, pen holders, pen parts,'nibs, lead pen­ It is further ordered, That the said res­ that an exception be granted under sec­ toration of the membership of the said cils, crayon pencils, mechanical pencils, pen­ tion 6 of the Act to permit the award of cil leads, pencil parts, all types of crayons, Frank H. McDonald in the Code, be* and contracts until December 31, 1943, for and the related products made or assembled the same hereby is restored, effective as evaporated milk and powdered skimmed in pen and pencil manufacturing establish­ of 12:01 a. m. on September 24, 1942. milk without the inclusion of the repre­ ments. Dated: November 3, 1942. sentations and stipulations of section 1 3. The definition of the pens and pen­ [ s e a l ] D a n H. W h e e l e r , of the Act; and cils manufacuring industry covers all oc­ Director. Whereas it appears that justice and cupations in the industry which are nec­ [F. R. Doc. 42-11527; Filed, November 5, 1942; public interest will be served by the essary to the production of the articles 11:33 a. m.] granting of the exception on the basis specified in the definition, including cler­ of the findings of the Secretary of War, ical, maintenance, shipping and selling Now, therefore, I do hereby grant an occupations: Provided, however, That [Docket No. A-364] exception, pursuant to the powers vested such clerical, maintenance, shipping and in me by section 6 of the Walsh-Healey selling occupations when carried on in a H i l l m a n C o a l & C o k e C o m p a n y Public Contracts Act (49 Stat. 2036; 41 wholesaling or selling department physi­ ORDER TERMINATING TEMPORARY RELIEF AND U.S.C. 35), permitting the award of con­ cally segregated from other departments DISMISSING PETITION tracts for evaporated milk and powdered of a manufacturing establishment, the skimmed milk during the period from greater part of the sales of which whole­ In the matter of the petition of Hill­ this date to December 31, 1943, unless saling or selling department are sales of man Coal & Coke Company for a change otherwise ordered without the inclusion articles which have been purchased for in the minimum price established for in such contracts of the representations resale, shalTnot be deemed to be covered coals of its Naomi Mine located in Dis­ and stipulations of section 1 of the Act. by this definition: Provided, further, trict No. 2, when sold for delivery all­ Dated: November 4, 1942. That where an employee covered by this river in Market Area No. 13, pursuant to F r a n c e s P e r k in s , definition is employed during the same Section 4 n (d) of the Bituminous Coal Secretary of Labor. workweek at two or more different min­ Act of 1937. imum rates of pay, he shall be paid the Petitioner having filed an original peti­ [F. R. Doc. 42-11513; Filed, November 5, 1942; highest of such rates for such workweek tion requesting a price of $1.56 per ton for 11:40 a. m.] unless records concerning his employ­ coal from its Naomi Mine, f. a. s. dock ment are kept by his employer in ac­ of the Ohio Edison Company at Toledo, cordance with applicable regulations of Ohio, and asking for temporary relief; Wage and Hour Division. the Wage and Hour Division. and [Administrative Order 168] 4. The industry committee herein cre­ Temporary relief having been granted ated shall meet in the offices of the Wage by an order issued December 13, 1940, 5 P e n s a n d P e n c i l s M anufacturing and Hour Division, U. S. Department of F.R. 5156, following an informal confer­ I n d u s t r y Labor, Room 1610, at 165 West 46th ence held on November 30, 1940; and APPOINTMENT OF INDUSTRY COMMITTEE Street, New York City, at 10:00 a. m. on The Division having been advised by November 30, 1942, and, in accordance Appointment of - Industry Committee a communication from petitioner dated with the provisions of the Fair Labor September 23, 1942, that the necessity No. 52. for the relief granted no longer exists, 1. By virtue of and pursuant to the au­ Standards Act of 1938 and rules and reg­ and that petitioner desires to withdraw thority vested in me by the Fair Labor ulations promulgated thereunder, shall its petition filed herein; Standards Act of 1938, I, L. Metcalfe proceed to investigate conditions in the Now, therefore, It is ordered, That Walling, Administrator of the Wage industry and recommend to the Admin­ the temporary relief heretofore granted and Hour Division, U. 8 . Department of istrator minimum wage rates for all em- No. 220------4 9092 FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942

ployees thereof who within the meaning and all rights of renewal subject to be exer­ national, entitled “Acht Stellige Tafel der of said Act are “engaged in commerce or cised by or through such claimants and po­ Trigonometrichshen Functionen— Alte Teil­ iij, the production of goods for com­ tential claimants, or any of them. ungen”, the effective date of such copyright (d) All right, title and interest of every being May 25, 1939, and the owner of such merce,” excepting employees exempted kind or nature whatsoever of the authors of copyright being Reichsamt F. Landesanf- by virtue of the provisions of section 13 the publications described in said Exhibit B nahme, Berlin, Germany. (a) and employees coming under the pro­ in, to and under any and all claims of copy­ EXHIBIT B visions of section 14. right and rights to claim copyrights in the 1. Claim of copyright on a book entitled publications described in said Exhibit B, in­ Signed at New York, New York, this “Sieben Stellige Tafel der Trigonometrich­ cluding but not limited to all accrued royal­ 4th day of November 1942. shen Functionen— Alte Teilungen” written by ties, 'all rights to receive royalties, all dam­ ê t c a l f e a l l in g Dr. Jean Peters, a German national, such L . M W , ages and profits recoverable at law or in copyright claim dating from 1939, copyright Administrator. equity from any or all persons, firms, cor­ claimants being Druck-Brandsteter, Leipzig, porations or governments for past infringe­ [F. R. Doc. 42-11553; Filed. November 6, 1942; Germany, and Reichsamt F. Landesaufnahme, ment thereof, and all rights of renewal sub­ 11:08 a. m.] ject to be exercised by said authors or by Berlin, Germany. their widows, children, executors, or next of 2. Claim of copyright on a book entitled “Leuchtfarben”, written by Felix Fritz, a kin. German national, such copyright claim dat­ OFFICE OF ALIEN PROPERTY CUS­ Such property and any or all of the ing from 1940, copyright claimed by Chem­ TODIAN. proceeds thereof shall be held in a special isch-technischer Verlag Dr. Gustav Boden­ bender, Berlin, Germany. [Vesting Order 196] account pending further determination of the Alien Property Custodian. This C e r t a in C o p y r ig h t s a n d C o p y r ig h t [F. R. Doc. 42-11556; Filed, November 6, 1942; shall not be deemed to limit the powers 11:31 a. m.] I n t e r e s t s of the Alien Property Custodian to return Under the authority of the Trading such property or the proceeds thereof, or with the enemy Act, as amended, and to indicate that compensation will not [Vesting Order 203] Executive Order No. 9095, as amended,1 be paid in lieu thereof, if and when it and pursuant to law, the undersigned, should be determined that such return A l l o f t h e C a p it a l S t o c k o f M a u s e r after investigation, finding that the should be made or such ■ compensation B a r r e l C o m p a n y , I n c . property hereinafter described as prop­ should be paid. Under the authority of the Trading erty payable or held with respect to Any person, except a national of a with the enemy Act, as amended, and copyrights, or rights related thereto, in designated enemy country, asserting any Executive Order No. 9095, as amended,1 which interests are held by, and such claim arising as a result of this order and pursuant to law, the undersigned, property constitutes interests held may file with the Alien Property Custo­ after investigation, finding that the prop­ therein by, nationals of a foreign coun­ dian a notice of his claim, together with erty described as follows: try (Germany), and having made all a request for a hearing thereon, on Form All of the capital stock of Mauser Barrel determinations and taken all action, APC-1, within one year from—tl „ date Company, Inc., a New York corporation, New after appropriate consultation and cer­ hereof, or within such further time as York, New York, which is a business enter­ tification, required by said Executive Or­ may be allowed by the Alien Property prise within the United States, consisting of der or Act or otherwise, and deeming it Custodian. Nothing herein contained 200 shares of no par value common stock, necessary in the national interest, hereby shall be deemed to constitute an admis­ which shares are registered in the name of vests such property in the Alien Prop­ sion of the existence, validity or right Karl W. Mauser, and held for the benefit of to allowance of any such claim. Karl W. Mauser, Rudolf Mauser, Alfons erty Custodian, to be held, used, admin­ -Mauser, Paul Mauser and Egon Mauser, the istered, liquidated, sold or otherwise The terms “national” and “designated last known addresses for all of whom were dealt with in the interest of and for the enemy country” as used herein shall have represented to the undersigned as being benefit of the United States; such prop­ the meanings prescribed in section 10 Cologne-Ehrenfeld, Germany, erty being described as follows: of said Executive Order. Executed at Washington, D. C., on Sep­ is property of nationals, and represents (a ) All right, title and interest of every tember 29, 1942. ownership of said business enterprise kind or nature whatsoever of the owners which is a national, of a designated en­ [ s e a l ] ' L e o T. C r o w l e y , thereof in, to and under the copyrights de­ emy country (Germany), and determin­ scribed in Exhibit A attached hereto and Alien Property Custodian. made a part hereof, including but not lim­ ing that to the extent that any or all of ited to all accrued royalties, all rights to EXHIBIT A such nationals are persons not within a receive royalties, all damages and profits re­ 1. Copyrights numbered A. Foreign 1093, designated enemy country, the national coverable at law or in equity from any or all 4187, 21295, 6927, 10386, 12721, 25850, 28611, interest of the United States requires that persons, firms, corporations or governments 16421, 29254, 18238, 33497, 20439, 37561, 39622, such persons be treated as nationals of for past infringement thereof, and aU rights 21912, 4703, 9505, 24077, 13424, 25623, 20436, the aforesaid designated enemy country, of renewal subject to be exercised by or 23283, 25064, 27007, 26123, 32192, 30126, 31969, and having made all determinations and through such owners. 30917, 32785, 33898, 34281, on compositions (b ) All right, title and interest of every written by F. K. Bellstein, a German national, taken all action, after appropriate con­ kind or nature whatsoever of the authors of entitled “Handbuch Der Organischen Che- sultation and certification, required by the publications described in said Exhibit A mie”, the effective date of such copyrights said Executive Order or Act or otherwise, in, to and under the copyrights described in variously being from April 29, 1921, to Octo­ and deeming it necessary in the national said Exhibit A, including but not limited to ber 24, 1936, and the owner of such copyrights interest, hereby vests such property in all accrued royalties, all rights to receive roy­ being Julius Springer, Berlin, Germany. the Alien Property Custodian, to be held, alties, all damages and profits recoverable at 2. Copyright number A. Foreign^ 7420, on used, administered, liquidated, sold or law or in equity from any or all persons, a play written by Riccardo Bacchelli, an Ital­ firms, corporations or governments for past ian national, entitled “Una Passione Coniu- otherwise dealt with in the interest of infringement thereof and all rights of re­ gale”, the effective date of such copyright and for the benefit of the United States, newal subject to be exercised by such authors being April 1, 1936, and the copyright owner Such property and any or all of the or by their widows, children, executors or being Casa Editrice Ceschina, Milan, Italy. proceeds thereof shall be held in a special next of kin. 3. Copyrights numbered J 260611, 260625, account pending further determination (c) All right, title and interest of every 260594, 260590, 260612, 260652, 260613, 260607, of the Alien Property Custodian. This kind or nature whatsoever of the claimants 260596, 255347, 255348, 260624, 260603, 255357, shall not be deemed to limit the powers thereof in, to and under any and all claims 260597, 255349, 255350, 260591, 255358, 255369, of the Alien Property Custodian to return of copyright and rights to claim copyrights in 255371, 255352, 255353, 260608, 260604, 260598, the publications described in Exhibit B at­ 255356, 260605, 255382, 255351, 260609, 260589, such property or the proceeds thereof, or tached hereto and made a part hereof, in­ 260599, 260656, 260595, 260626, 260648, on cer­ to indicate that compensation will not be cluding but not limited to all accrued royal­ tain photographs compiled by Offizielle Aus- paid in lieu thereof, if and when it should ties, all rights to receive royalties, all damages gabeder Geminde Oberammergau, the effec­ be determined that such return should be and profits recoverable at law or in equity tive date of such copyrights being May 5,1922, made or such compensation should be from any or all persons, firms, corporations or and the copyright owner being F. Bruckmann, paid. governments for past infringement thereof, München, Germany. Any person, except a national of a des­ 4. Copyright No. A. Foreign 44375 on a 17 F.R. 5205. book written by Dr. Jean Peters, a German ignated enemy country, asserting any |

FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9093

claim arising as a result of this order may person be treated as a national of such is property payable or held with respect file with the Alien Property Custodian a designated enemy country (Germany), to copyrights, or rights related thereto, in notice of his claim, together with a re­ and therefore determining that such per­ which interests are held by, and such quest for a hearing thereon, on Form son is a national of a designated enemy property constitutes interests held APC-1; within one year from the date country (Germany), and having made therein by, nationals of a foreign country hereof, or within such further time as all determinations and taken all action, (Germany), and having made all deter­ may be allowed by the Alien Property after appropriate consultation and cer­ minations and taken all action, after ap­ Custodian. Nothing herein contained tification, required by said Executive propriate consultation and certification, shall be deemed to constitute an admis­ Order or Act or otherwise, and deeming required by said Executive Order or Act sion of the existence, validity or right to it necessary in the national interest, or otherwise, and deeming it necessary in allowance of any such claim. hereby vests such property in the Alien the national interest, hereby vests such The terms “national”, “designated en­ Property Custodian, to be held, used, property in the Alien Property Custodian, emy country” and “business enterprise administered, liquidated, sold or other­ to be held, used, administered, liquidated, within the United States” as used herein wise dealt with in the interest of and sold or otherwise dealt with in the inter­ shall have the meanings prescribed in for the benefit of the Uriited States. est of and for the benefit of the United section 10 of said Executive Order. Such property and any or all of the States. Executed at Washington, D. C., on Oc­ proceeds thereof shall be held in a spe­ Such property and any or all qf the tober 2, 1942. cial account pending further determina­ proceeds thereof shall be held in a spe­ [ s e a l ] L e o T . C r o w l e y , tion of the Alien Property Custodian. cial account pending further determina­ Alien Property Custodian. This shall not. be deemed to limit the tion of the Alien Property Custodian. powers of the Alien Property Custodian This shall not be deemed to limit the [P. R-Doc. 42-11557; Filed, November 6, 1942; to return such property or the proceeds powers of the Alien Property Custodian to 11:29 a. m.] thereof, or to indicate that compensa­ return such property or the proceeds tion will not- be paid in lieu thereof, thereof, or to indicate that compensation if and when it should be determined will not be paid in lieu thereof, if and , [Vesting Order 204] that such return should be made or such when it should be determined that such compensation should be paid. return should be made or such compen­ R eal P r o p e r t y i n E l g i n , I l l i n o i s , O w n e d Any person, except a national of a des­ b y C a r o l in e K r a u se sation should be paid. ignated enemy country, asserting any Any person, except a national of a des­ Under the authority of the Trading claim arising as a result of this order may ignated enemy country, asserting any with the enemy Act, as amended, and file with the Alien Property Custodian claim arising as a result of this order may Executive Order No. 9095, as amended,1 a notice of his claim, together with a re­ file with the Alien Property Custodian a and pursuant to law, the undersigned, quest for a hearing thereon, on Form notice of his claim, together with a re­ after investigation, finding that the APC-1, within one year from the date quest for a hearing thereon* on Form property described as follows: hereof, or within such further time as APC-1, within one year from the date All right, title, interest and estate, both may be allowed by the Alien Property hereof, or within such further time as legal and equitable, of Caroline Krause, the Custodian. Nothing herein contained may be allowed by the Alien Property last known address of Whom was represented shall be deemed to constitute an admis­ Custodian. Nothing herein contained to the undersigned as being in Hamburg, sion of the existence, validity or right to Germany, in and to that certain parcel of shall be deemed to constitute an admis­ real property, together with all fixtures, im­ allowance of any such claim. sion of the existence, validity or right to provements and appurtenances thereto, sit­ The terms “ national” and “ designated allowance of any such claim. uate, lying and being in the City of Elgin, enemy country” as used herein shall have The terms “ national” and “designated County of Kane, State of Illinois, and par­ the meanings prescribed in section 10 of enemy country” as used herein shall have ticularly described as follows: said Executive Order. the meanings prescribed in section 10 of The East one-third ( y3) of the North one- said Executive Order. half ( l/2) of Lot 5 in Block 19 of P. J. Kimball Executed at Washington, D. C., on October 2, 1942. Executed at Washington, D. C., on Jr.’s Third Addition to Elgin, situated in the October 5, 1942. City of Elgin, Kane County, Illinois. [ s e a l ] L e o T . C r o w l e y , Alien Property Custodian. [ s e a l ] L e o T. C r o w l e y , is property within the United States Alien Property Custodian,. owned by a national of a designated [F. R. Doc. 42-11558; Piled, November 6, 1942; enemy country (Germany), and deter­ 11:34 a. m.] EXHIBIT A mining that such property is encom­ 1. Copyright No.; A 89775. Title of Book: passed within the purview of section 2 Introduction to Scientific German. Date of (c) of Executive Order No. 9095, as Publication: December 4, 1935. Author: amended, and further finding that such [Vesting Order 216] Otto Koischwitz. property is the subject of litigation pend­ 2. Copyright No.: A 74352. Title of Book: Six C o p y r ig h t s o f E n e m y N a t io n a l s ing in the Circuit Court of Kane County, German Workbook. Date of Publication: State'of Illinois, in that certain action Under the authority of the Trading July 25, 1934. Author: Otto Koischwitz. 3. Copyright No.: A 61948. Title of Book: entitled Marjorie A. Healy, individually with the enemy Act, as amended, and Bilderlesebuch. Date of Publication : May 25, and as administratrix of the Estate Executive Order No. 9095, as amended,1 25, 1942. Author: Otto Koischwitz. of Walter E. Healy, deceased, and and pursuant to law,' the undersigned, 4. Copyright No.: A 51049. Title of Book: Charles Healy, Plaintiffs, against Caro­ after investigation, finding that the Deutsche Fibel. Date of Publication: April 25, 1932. Author: Otto Koischwitz. line Krause, et al, Defendants, an action property described as follows: to establish and quiet title to the prop­ 5. Copyright No.: A 114315. Title of Book: erty, and determining that under such All right, title and interest of every kind or Die Bilderfibel. Date of Publication: De­ circumstances such property is encom­ nature whatsoever of the original author, cember 31,1937. Author: Otto Koischwitz. 6. Copyright No.: A 1083446. Title of Book: passed within the purview of section 2 who is a national of Germany and whose last known address was represented to the Deutsches Geistesleben der Gegenwart. Date (f) of Executive Order No. 9095, as undersigned as being in Germany, of each of of Publication: July 17, 1928. Author: Otto amended, and further determining that the six publications described in Exhibit A Koischwitz. to the extent that the said Caroline attached hereto and made a part hereof, in­ [F. R. Doc. 42-11559; Filed, November 6, 1942; Krause is a person not within a desig­ cluding but not limited to all accrued roy­ 11:32 a. m.] nated enemy country, such person is alties, all right to receive royalties, and all controlled by or acting for or on behalf damages and profits recoverable at law or in equity from any or all persons, firms, corpo­ of or as a cloak for a designated enemy [Vesting Order 221] country (Germany) or a person within rations or governments for past infringement thereof, and all rights of renewal subject to such country, and the national interest M a r t h a C la r a v o n S t u l p n a g e l be exercised by such author or by his widow, of the United States requires that such children, executor or next of kin, in, to and Re: Real property in Bellows Falls, under each and all of the copyrights de­ Vermont, and a checking account in the *7 FH . 5205. scribed in said Exhibit A, Boston Safe Deposit and Trust Company, 9094 FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942

Boston, Massachusetts, owned by Martha to return such property or the proceeds tenance or safeguarding of other prop­ Clara von Stulpnagel. thereof, or to indicate that compensation erty [namèly, that hereinbefore de­ Under the authority of the Trading will not be paid in lieu thereof, if and scribed in paragraph (a)] belonging to with the enemy Act, as amended, and when it should be determined that such the same nationals of the same desig­ Executive Order No. 9095, as amended,1 return should be made or such compen­ nated enemy country and subject to and pursuant to law, the undersigned, sation should be paid. vesting (and in fact vested by this order) after investigation, finding: Any person, except a national of a pursuant to section 2 of said Executive (a) That the property described as designated enemy country, asserting any Order; claim arising as a result of this order may follows: and determining that to the extent that file with the Alien Property Custodian a All right, title, interest and estate, both either or both of such nationals are per­ notice of his claim, together with a re­ legal and equitable, of Martha Clara von sons not within a designated enemy quest for a hearing thereon, on Form Stulpnagel, the last known address of whom country, the national interest of the APC-1, within one year from the date, was represented to the undersigned as being United States requires that such persons in Potsdam, Germany, in and to that certain hereof, or within such further time as be treated as nationals of the aforesaid real property, together with all fixtures, im­ may be allowed by the Alien Property designated enemy country (Germany), provements and appurtenances thereto, sit­ Custodian. Nothing herein contained and having made all determinations and uate, lying and being in the Village of Bellows shall be deemed to constitute an admis­ Palls, Town of Rockingham, County of Wind­ taken all action, after appropriate con­ ham, State of Vermont, and particularly sion of the existence, validity or right to sultation and certification, required by described as follows: allowance of any such claim. said Executive Order or Act or otherwise, A certain piece or parcel of land situated on The terms “national” and “designated and deeming it necessary in the national the westerly side of the square in said Village enemy country” as used herein shall of Bellows Falls and bounded easterly on said interest, hereby vests such property in have the meanings prescribed in section the Alien Property Custodian, to be held, square forty-nine and two hundredths feet; 10 of said Executive Order. northerly by other lands one hundred sixty- used, administered, liquidated, sold or Executed at Washington, D. C., on otherwise dealt with in the interest of two and three-tenths feet; and westerly by October 9, 1942. other lands forty-nine and five-tenths feet; and for the benefit of the United States. and southerly by other lands one hundred [ s e a l ] L e o T . C r o w l e y , Such property and any or all of the fifty-seven and twenty-hundredths feet, be Alien Property Custodian. proceeds thereof shall be held in a special all said measurements more or less or how­ account pending further determination soever otherwise bounded, the same being [F. R. Doc. 42-11560; Filed, November 6, 1942; shown upon a “Plan of property, Harriet H. 11:29 a. m.] of the Alien Property Custodian. This Bingham estate and others, owners^- For­ shall not be deemed to limit the powers merly Pettis property, Bellows Falls, Vt. of the Alien Property Custodian to re­ Surveyed by G. V. White, Lawrence, Mass., ' [Vesting Order 229] turn such property or the proceeds May 4, 1907”, thereof, or to indicate that compensation is property within the United States J o h a n n H e i n r i c h F l u h r e r a n d J o h a n n will not be paid in lieu thereof, if and owned by a national of a designated F r ie d r ic h F l u h r e r when it should be determined that such enemy country (Germany); and Re: Real property in Ward and return should be made or such compen­ (b) That the property described as McHenry Counties, North Dakota, and a sation should be paid. follows: bank account, owned by Johann Hein­ Any person, except a national of a designated enemy country, asserting any The checking account at the Boston Safe rich Fluhrer and Johann Friedrich Fluhrer. claim arising as a result of this order Deposit and'Trust Company carried in the may file with the Alien Property Cus­ name of Martha Clara von Stulpnagel, Under the authority of the Trading with the enemy Act, as amended, and todian a notice of his claim, together is property within the United States Executive Order No. 9095, as amended,1 with a request for a hearing thereon, on owned or controlled by a national of a and pursuant to law, the undersigned, Form APC-1, within one year from the designated enemy country (Germany), after investigation, finding: date hereof, or within such further time* and determining that the property de­ (a) That the property described as as may be allowed by the Alien Property scribed in paragraph (b) is necessary for follows: Custodian. Nothing herein contained the maintenance or safeguarding of other shall be deemed to constitute an admis­ property [namely, that hereinbefore de­ All right, title, interest and estate, both sion of the existence, validity or right to scribed in paragraph (a) ] belonging to legal and equitable, of Johann Heinrich allowance of any such claim. Fluhrer and Johann Friedrich Fluhrer, and the same national of the same designated each of them, the last known address of The terms “national” and “designated enemy country and subject to vesting both of whom was represented to the under­ enemy country” as used herein shall have (and, in fact, vested by this order) pur­ signed as being in Württemberg, Germany, in the meanings prescribed in section 10 of suant to section 2 of said Executive and to those certain parcels of real property, said Exécutive Order. Order; together with all fixtures, improvements and Executed at Washington, D. C. on Oc­ appurtenances thereto, situated: tober 12, 1942. and determining that to the extent that (1) In the City of Minot, County of Ward, such national is a person not within a State of North Dakota, and particularly de­ [ s e a l ! L e o T. C r o w l e y , designated enemy country, the national scribed as follows: West 140 feet of Lot 7 of Alien Property Custodian. Block 4, Ramstad’s Second Addition to the interest of the United States requires [F. R. Doc. 42-11561; Filed, November 6,1942; City of Minot; and that such person be treated as a national 11:29 a. m.] of a designated enemy country, and hav­ (2) In the County of McHenry, State of North Dakota, and particularly described as ing made all determinations and taken follows: Northeast quarter of Section 33, all action, after appropriate consultation Township 156, Range 80, [Vesting Order 230] and certification, required by said Execu­ tive Order or Act or otherwise, and deem­ is property within the United States 50.05% o p C a p it a l S t o c k o f R e p u b l i c ing it necessary in the national interest, owned by nationals of a designated en­ F il t e r s , I n c . emy country (Germany); and hereby vests such property in the Alien Under the authority of the Trading Property Custodian, to be held, used, (b) That the property described as follows: with the enemy Act, as amended, and administered, liquidated, sold or other­ Executive Order No. 9095, as amended,1 wise dealt with in the interest of and for The bank balance belonging to Johann and pursuant to law, the undersigned,, the benefit of the United States. Heinrich Fluhrer and Johann Friedrich Fluhrer, or either of them, carried in the after investigation, finding that the Such property and any or all of the property described as follows: proceeds thereof shall be held in a spe­ name of “Fluhrer Trust” in the First National cial account pending further determina­ Bank, Minot, North Dakota, (a) 488 shares (which constitute a sub­ tion of the Alien Property Custodian. is property within the United States stantial part, namely, 49.54%, of all out­ standing shares) of $100 par value common This shall not be deemed to limit the owned by nationals of a designated en­ capital stock of Republic Filters, Inc. (for­ powers of the Alien Property Custodian emy country (Germany), and determin­ merly Americafi Seitz Filter Corporation), a ing that the property described in this New Jersey corporation, Paterson, New Jer­ 17 F B . 5205. paragraph (b) is necessary for the main­ sey, which is a business enterprise within FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9095 the United States, which shares are reg­ Executive Order No. 9095, as amended,1 tion will not be paid in lieu thereof, istered in the name of and held by William and pursuant to law, the undersigned, if and wjien it should be determined J. Topken, New York, New York, for the after investigation, finding that the that such return should be made or such benefit of Seitz-Werke, G. m. b. H., Bad property described as follows: compensation should be paid. Kreuznach, Germany; and Any person, except a national of a (b ) 5 additional shares of similar stock All right, title, interest and estate, both legal and equitable, of Salvatore Loforte, designated enemy country, asserting any of the aforesaid Republic Filters, Inc., which claim arising as a result of this order shares are registered in the name of Charles whose last known address was represented E. Hunziker, Paterson, New Jersey, and were to the undersigned as being in Palermo, Italy, may file with the Alien Property Cus­ obtained from Philip Farley on or about in and to that certain real property, together todian a notice of his claim, together June 5, 1942, with all fixtures, improvements and appurte­ with a request for a hearing thereon, nances thereto, situated in the Borough of on Form APC-1, within one year from is property of nationals, and represents Cliffside Park, County of Bergen, State of the date hereof, or within such further interests in said business enterprise New Jersey, and particularly described as follows: time as may be allowed by the Alien which is a national, of a designated Property Custodian. Nothing herein enemy country (Germany), and deter­ Premises Borough of Cliffside Park, which on a certain map entitled “Map of Grantwood contained shall be deemed to constitute mining that to the extent that any or all in the Borough of Cliffside Park, Bergen an admission of the existence, validity of such nationals are persons not within County, New Jersey” made by Alfred W. W il­ or right to allowance of any such claim. a designated enemy country the national liams, Civil Engineer and Surveyor, and duly The terms “national” and “ designated interest of the United States requires filed in the Office of the Clerk of said County enemy country” as used herein shall that such persons be treated as nationals on May 1, 1901, as Map No. 805 is known and designated as part of lot number 12 and 13 have the meanings prescribed in section of the aforesaid designated enemy coun­ 10 of said executive order. try, and having made all determinations in Block No. 18 on sa'id map and more par­ ticularly bounded and described as follows; Executed at Washington, D. C., on Oc­ and taken all action, after appropriate Beginning at a point in the westerly side tober 15, 1942. consultation and certification, required of Anderson Avenue, distant 71.17 feet north­ by said Executive Order or Act or other­ [ s e a l ] L e o T. C r o w l e y , erly from the corner formed by the inter­ Alien Property Custodian. wise, and deeming it necessary in the section of the westerly side of said Anderson national interest, hereby vests such Avenue with the northerly side of Lafayette [F. R. Doc. 42-11564; Filed, November 6, 1942; property in the Alien Property Cus­ Avenue as said avenues are now laid out and 11:34 a. m.] todian, to be held, used, administered, which point is opposite the center line of a party wall standing partly on the premises liquidated, sold or otherwise dealt with hereby described and partly on the premises in the interest of and for the benefit of adjoining thereto on the south; running the United States. thence 1) to, through and beyond the center [Vesting Order Number 242] Such property and any or all of the line of said party wall standing partly on C o p y r i g h t s C o v e r in g “ S iebenstellige proceeds thereof shall be held in a special the premises hereby conveyed and partly on the premises adjoining thereto on the south, W e r te der T rignometrischen F u n k - account pending further determination north 45 degrees 44 minutes 30 seconds west, t i o n e n ” of the Alien Property Custodian. This 110.47 feet to a point; running thence 2) Under the Authority of the Trading shall not be deemed to limit the powers north 50 degrees 7 minutes east along the with the enemy Act, as amended, and Ex­ of the Alien Property Custodian to re­ rear line of lot 12 and 13 in Block 18 on the aforesaid map 19.86 feet to a point which ecutive Order No. 9095, as amended,1 and turn such property or the proceeds point is opposite the center line of a party pursuant to law, the undersigned, after thereof, or to indicate that compensa­ wall standing partly on the premises hereby investigation, finding that the property tion will not be paid in lieu thereof, if described and partly on the premises adjoin­ hereinafter described is property payable and when it should be determined that ing thereto on the north; running thence or held with respect to copyrights, or 3) south 45 degrees 44 minutes 30 seconds such return should be made or such east to, through and beyond the center line rights related thereto, in which interests compensation should be paid. of said party wall standing on the premises are held by, and such property consti­ Any person, except a national of a hereby described and partly on the premises tutes interests held therein by, nationals designated enemy country, asserting adjoining an the north 103.86 feet to a point of a foreign country (Germany), and any claim arising as a result of this order in the westerly line of said Anderson Avenue; having made all determinations and and running thence 4) southerly along the may file with the Alien Property Cus­ taken all action, after appropriate con­ westerly line of said Anderson Avenue, 20.48 sultation and certification, required by todian a notice of his claim, together feet to the beginning, said executive order or Act or otherwise, with a request for a hearing thereon, on is property within the United States and deeming it necessary in the national Form APC-1, within one year from the owned by a national of a designated interest, hereby vests such property in date hereof, or within such further time enemy country (Italy), and determining the Alien Property Custodian, to be held, as may- be allowed by the Alien Property that to the extent that such national is used, administered, liquidated, sold or Custodian. Nothing herein contained a person not. within a designated enemy otherwise dealt with in the interest of shall be deemed to constitute an admis­ country, the national interest of the and for the benefit of the United States; sion of the existence*, validity or right to such property being the following de­ United States requires that such per­ scribed rights and interests under the allowance of any such claim. son be treated as a national of the afore­ The terms “national” , “ designated copyright laws of the United States: said designated enemy country .(Italy), 1. All right, title and interest of whatso­ enemy country” and “business enterprise ' and having made all determinations and within the United States” as used herein ever kind or nature of each and all of the taken all action, after appropriate con­ owners thereof in, to and under each and shall have the meanings prescribed in sultation and certification, required by all of the claims of copyright described in section 10 of said Executive Order. said executive order or Act or otherwise,- Exhibit A attached hereto and made a part Executed at Washington1, D. C. on Oc­ and deeming it necessary in the national hereof, including but not limited to all ac­ tober 12, 1942. interest, hereby vests such property in crued royalties,"all rights to receive royalties, the Alien Property Custodian, to be held, all damages and profits recoverable at law or [ s e a l ] L e o T. C r o w l e y , in equity from any and all persons, firms, Alien Property Custodian. used, administered, liquidated, sold or corporations or governments for past in­ otherwise dealt with in the interest of fringement thereof, and all rights of renewal [F. R. Doc. 42-11562; Filed, November 6, 1942; and for the benefit of the United States. subject to be exercised by or through any 11:29 a. m.] Such property and any or all of the or all of such owners. proceeds thereof shall be held in a spe­ 2. All right, title and interest of whatso­ cial account pending further determina­ ever kind or nature of each and all of the authors of each and all of the publications [Vesting Order No. 237] tion of the Alien Property Custodian. This shall not be deemed to limit the described in said Exhibit A in, to and undec' C e r t a in R e a l P r o p e r t y i n C l if f s id e P a r k , each and all of the claims of copyright de­ powers of the Alien Property Custodian scribed in said Exhibit A, including but not N e w J e r s e y , O w n e d b y S al v a t o r e to return such property or the proceeds limited to all accrued royalties, all rights to L o fo r t e thereof, or to indicate that compensa- receive royalties, all damages and profits re­ Under the authority of the Trading coverable at law or in equity from any and with the enemy Act, as amended, and * 7 F.R. 5205. all persons, firms, corporations or govern- 9096 FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942

ments for past infringement thereof, and [Vesting Order Number 243] of the Alien Property Custodian. This all rights of renewal subject to be exercised by any or all of such authors or by their C o p y r ig h t s C overing “H a n d b u c h D er shall not be deemed to limit the powers widows, children, executors, or next of kin. O r g a n isc h e n C h e m ie ” of the Alien Property Custodian to return 3. All right, title and interest of whatso­ such property or the proceeds thereof, ever kind or nature of each and all other Under the authority of the Trading or to indicate that compensation will nationals, whomsoever they may be, of any with the enemy Act, as amended, and not be paid in lieu thereof, if and when and all designated enemy countries, in, to Executive Order No. 9095, as amended,1 it should be determined that such return and under each and all of the claims of and pursuant to law, the undersigned, should be made or such compensation copyright and rights to copyright, whether after investigation, finding that the prop­ should be paidr or not filed with the Register of Copyrights erty hereinafter described is property or otherwise asserted, and whether or not Any person, except a national of a specifically designated by copyright number, payable or held with respect to copy­ designated enemy country, asserting any in any and all of the publications described, rights, or rights related thereto, in which claim arising as a result of this order and in any and all other issues, editions or interests are held by, and such property may file with the Alien Property Cus­ republications of any or all of the works constitutes interests held therein by, na­ todian a notice of his claim, together described, and in any and all of the volumes tionals of a foreign country (Germany), with a request for a hearing thereon, on heretofore published under the titles de­ and having made all determinations and Form APC-1, within one year from the scribed, in the aforesaid Exhibit A, including taken all action, after appropriate con­ date hereof, or within such further time but not limited to all accrued royalties, all sultation and certification, required by rights to receive royalties, all damages and as may be allowed by the Alien Property profits recoverable at law or in equity from said executive order or Act or otherwise, Custodian. Nothing herein contained any and all persons, firms, corporations or and deeming it necessary in the national shall bé deemed to constitute an admis­ governments for past infringement thereof, interest, hereby vests such property in sion of the existence, validity or right to and all rights of renewal subject to be exer­ the Alien Property Custodian, to be held, allowance of any such claim. cised by or through any or all of such used, administered, liquidated, sold or The terms “national” and “designated nationals. otherwise dealt with in the interest of enemy country” as used herein shall have Such property and any or all of the and for the benefit of the United States; the meanings prescribed in section 10 of proceeds thereof shall be held in a special such property being the following de­ said executive order. account pending further determination scribed rights and interests under the Executed at Washington, D. C., on Oc- . of the Alien Property Custodian. This copyright laws of the United States: tober 19,1942. shall not be deemed to limit the powers 1. All fight, title and interest of whatso­ [ seal] ^ L eo T. C r o w l e y , of the Alien Property Custodian to re­ ever kind or nature of each and all of the Alien Property Custodian. turn such property or the proceeds there­ owners thereof in, to and under each and all of, or to indicate that compensation will of the copyrights described in Exhibit A at­ EXHIBIT A tached hereto and made a part hereof, in­ not be paid in lieu thereof, if and when Copyrights on publications entitled “Hand­ cluding but not limited to all accrued royal­ buch Der Organischen Chemie” written by it should be determined that such return ties, all rights to receive royalties, all dam­ F. K. Beilstein, a national of Germany, the should be made or such compensation ages and profits recoverable at law or in should be paid^ owner of such copyrights being Julius equity from any and all persons, firms, cor­ Springer, whose last known address is Ber­ Any person, except a national of a porations or governments for past infringe­ lin, Germany, the effective dates of such copy­ ment thereof, and all rights of renewal sub­ designated enemy country, asserting any rights variously being from March 15, 1932 ject to be exercised by or through any or all claim arising as a result of. tnis order to September 24, 1941 , and the numbers of of such owners. may file with the Alien Property Cus­ such copyrights being as follows: todian a notice of his claim, together 2. All right, title and interest of whatso­ ever kind or nature of each and all of the A. Foreign 37207 A. Foreign 43374 with a request for a hearing thereon, on authors- of each and all of the publications A. Foreign 39190 A. Foreign 16120 Form APC-1, within one year from the described in said Exhibit A in, to and under A. Foreign 43376 A. Foreign 20439 date hereof, or within such further time - each and all of the copyrights described in A. Foreign 44554 A. Foreign 35178 as may be allowed by the Alien Property said Exhibit A, including but not limited to A. Foreign 45410 A. Foreign 40474 Custodian. Nothing herein contained all accrued royalties, all rights to receive A. Foreign 47101 A. Foreign 48098 shall be deemed to constitute an admis­ royalties, all damages and profits recoverable A. Foreign 43375 sion of the existence, validity or right to at law or in equity from any and all persons, firms, corporations or governments for past [F. R. Doc. 42-11566; I led, November 6, 1942; allowance of any such claim. infringement thereof, and all rights of re­ 11:32 ,. m.] H ie terms “national” and “ designated newal subject to be exercised by any or all enemy country” as used herein shall have of such authors or by their widows, children, the meanings prescribed in section 10 of executors, or next of kin. said executive order. 3. All right, title and interest of whatso­ [Vesting Order Number 244] ever kind or nature of each and all other Executed at Washington, D. C. on Octo­ C o p y r ig h t s and R ig h ts T h er eund er ber 19, 1942. nationals, whomsoever they may be, of any- and all designated enemy countries, in, to [ se al] L eo T . C r o w l e y , Under the authority of the Trading and under each and all of the copyrights, with the enemy Act, as amended, and Alien Property Custodian. claims of copyright and rights to copyright, whether or not filed with the Register of Executive Order No. 9095, as amended,1 EXHIBIT A 4 Copyrights or otherwise asserted, and whether and pursuant to law, the undersigned, 1. Claim of copyright on a publication en­ or not specifically designated by copyright after investigation, finding that the titled “Siebenstellige Werte der Trignome- number, in any and all of the publications property hereinafter described is prop­ trischen Funktionen" written by Prof. Dr. described, and in any and all other issues, erty payable or held with respect to Jean Peters, a national of Germany, the copy­ editions or publications of any or all of the copyrights, or rights related'thereto, in right claimant being Verlag der Optischen works described, and in any and all of the which interests are held by, and such Anstalt C. P. Goerz A. G., whose last known volumes heretofore published under the titles described, in the aforesaid Exhibit A, includ­ property constitutes interests held address is Berlin-Friedenau, Germany, the therein by, nationals of foreign coun­ effective date of such claim of copyright ing but not limited to all accrued royalties, being 1918. all rights to receive royalties, all damages tries, and having made all determina­ 2. Claim of copyright on a publication en­ and profits recoverable at law or in equity tions and taken all action, after appro­ titled “Siebenstellige Werte der Trignome - from any and all persons, firms, corporations priate consultation and certification, re­ trischen Funktionen” written by Prof. Dr. or governments for past infringement there­ quired by said executive order or Act or Jean Peters, a national of Germany, the of, and all rights of renewal subject to be otherwise, and deeming it necessary in copyright claimant being Verlag der Op­ exercised by or through any or all of such nationals. the national interest, hereby vests such tischen Anstalt C. P. Goerz A. G., whose property in the Alien Property Cus­ last known address is Berlin-Friedenau, Ger­ Such property and any or all of the todian, to be held, used, administered, many, the effective date of such claim of proceeds thereof shall be held in a special copyright being 1938. liquidated, sold or otherwise dealt with account pending further determination in the interest of and for the benefit of [F. R. Doc. 42-11565; Filed, November 6, 1942; the United States; such property being 11:32 a. m.] 1 7 F.R. 5205. described as follows: FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9097

(a) All right, title and interest, arising This shall not be deemed to limit the and determining that to the extent that under the laws of the United States, of every powers of the Alien Property Custodian any or all of such nationals are persons kind or nature whatsoever, of the owners to return such property or the proceeds not within a designated enemy country, thereof in, to and under the copyrights thereof, or to indicate that compensa­ the national interest of the United States described in Exhibit A attached hereto and tion will not be paid in lieu thereof, if requires that such persons be treated as made a part hereof, including but not lim­ nationals of the aforesaid designated ited to all accrued royalties, all rights to and when it should be determined that receive royalties, all damages and profits re­ such return should be made or. such enemy country or countries (Germany coverable at law or in equity from any or compensation should be paid. and/or Hungary), and having made all all persons, firms, corporations or govern­ Any person, except a national of a determinations and taken all action, ments for past infringement thereof, and designated enemy country, asserting any after appropriate consultation and cer­ all rights of renewal subject to be exercised claim arising as a result «of this order tification, required by said executive by or through such owners. may file with the Alien Property Cus­ order or Act or otherwise, and deeming (b ) All right, title and interest, arising it necessary in the national interest, under the laws of the United States, of every todian a notice of his claim, together kind or nature whatsoever, of the authors with a request for a hearing thereon, hereby vests such property in the Alien of the publications described in Exhibit A on Form APC-1, within one year from Property Custodian, to be held, used, ad­ attached hereto and made a part hereof in, the date hereof, or within such further ministered, liquidated, sold or otherwise to and under the copyrights described in time as may be allowed by the Alien dealt with in the interest of and for the said Exhibit A, Including but not limited Property Custodian. Nothing herein benefit of the United States. to all accrued royalties, all right» to receive contained shall be deemed to constitute Such property and any or all of the royalties, all damages and profits recoverable proceeds thereof shall be held in a spe­ at law or in equity from any or all persons, an admission of the existence, validity firms, corporations or governments for past or right to allowance of any such claim. cial account pending further determina­ infringement thereof and all rights of re­ The terms “national” and “ designated tion of the Alien Property Custodian. newal subject to be exercised by such authors enemy country” as used herein shall This shall not be deemed to limit the or by their widows, children, executors or have the meanings prescribed in section powers of the Alien Property Custodian next of kin. 10 of said executive order. to return such property or the proceeds thereof, or to indicate that compensation Such property and any or all of the Executed at Washington, D. C., on October 19, 1942. will not be paid in lieu thereof, if and proceeds thereof shall be held in a spe­ when it should be determined that such cial account pending further determina­ [ s e a l ] L e o T. C r o w l e y , return should be made or such compen­ tion of the Alien Property Custodian. Alien Property Custodian. sation should be paid. EXHIBITS Any person, except a national of a designated enemy country, asserting any claim arising as a result of this order Copy­ right Nature of work Titles of works Copyright owners Authors may file with the Alien Property Custo­ No. dian a notice of his claim, together with a request for a hearing thereon, on Form E35717__ Musical composition.. Essential finger exercises. Rozsavolgyi & Co., Buda­ E von Dohnanyi, a na­ APC-1, within one year from the date pest, Hungary. tional of Hungary. E9095___ Musical composition.. Essential finger exercises. Rozsavolgyi & Co., Buda­ E von Dohnanyi, a na­ hereof, or within such further time as pest, Hungary. tional of Hungary. may be allowed by the Alien Property E6351.... Musical composition.. Waltz from the Ballet Rozsavolgyi & Co., Buda­ E von Dohnanyi, a na­ Naila. pest, Hungary. tional of Hungary. Custodian. Nothing herein contained E566708-. Musical composition.. Cappriccio; in Klavier Rozsavolgyi & Co., Buda­ E von Dohnanyi, a na­ shall be deemed to constitute an ad­ F. Moll. pest, Hungary. tional of Hungary. mission of the existence, validity or right A45434... Magnesium und seine Julius Springer, Berlin, Adolph Beck, H. Alt- Legierungen. Germany. wicker and others, na­ to allowance of any such claim. tionals of Germany. The terms “national”, “designated en­ emy country” and “business enterprise [F. R. Doc. 42-11567; Filed, November 6, 1942; 11:33 a m.] within the United States” as used herein shall have the meanings prescribed in [Vesting Order Number 248] all of which shares are held for the benefit section 10 of said executive order. of Bank voor Handel en Scheepvaart, N. V., A l l o p t h e C a p it a l S t o c k o p U n i o n B a n k ­ Executed at Washington, D. C., on Oc­ Rotterdam, The Netherlands, which bank is tober 20, 1942. i n g C o r p o r a t io n a n d C e r t a in I n d e b t e d ­ owned or controlled by members of the Thys- n e s s O w i n g b y I t sen family, nationals of Germany and/or . [ s e a l ] L e o T. C r o w l e y , Hungary, Alien Property Custodian. Under the authority of the Trading with the enemy Act, as amended, and is property of nationals, and represents [F. R. Doc. 42-11568; Filed, November 6, 1942; Executive Order No. 9095, as amended,1 ownership of said business enterprise 11:31a.m.]' and pursuant to law, the undersigned, which is a national, of a designated en­ after investigation, finding: emy country or countries (Germany (a) That the property described as and/or Hungary); [Vesting Order Number 250] follows: (b) That the property described as C e r t a in P e r s o n a l P r o p e r t y o f A l o is All of the capital stock of Union Banking follows: S c h l i c k Corporation, a New York corporation, New All right, title, interest and claim of any York, New York, which is a business enter­ name or nature whatsoever of the aforesaid Under the authority of the Trading prise within the United States, consisting of Bank voor Handel en Scheepvaart, and Au­ with the enemy Act, as amended, and 4,000 shares of $100 par value common capital gust Thyssen-Bank, Berlin, Germany, and Executive Order No. 9095, as amended1 stock, the names of the registered owners each of them, in and to all indebtedness, con­ and pursuant to law, the undersigned, of which, and the number of shares owned tingent or otherwise and whether or not after investigation, finding that the by them respectively, are as follows: matured, owing to them, or each of them, by said Union Banking Corporation, including property described as follows: Number of but not limited to all security rights in and One Schlick Universal High Speed full Names shares to any and all collateral for any or all of width Beaming Machine, stored with Robert E. Roland Harriman______3,991 such indebtedness and the right to sue for Reiner, Incorporated, 556 Gregory Avenue, Cornelius Lievense______4 and collect such indebtedness. Weehawken, New Jersey, and belonging to Harold D. Pennington______1 Ray Morris______1 Alois Schlick, a citizen of Germany whose is an interest in the aforesaid business last known address was represented to the Prescott S. Bush___:______1 enterprise held by nationals of an enemy H. J. Kouwenhoven______1 undersigned as being Hohenstein-Ernsthal, Johann G. Groeninger_____ ;______1 country or countries, and also is prop­ Saxony, Germany. erty within the United States owned or Total ______4, 000 • controlled by nationals of a designated is property within the United States enemy country or countries (Germany owned or controlled by a national of a *7 F.R. 5205. and/or Hungary); designated enemy country (Germany), 9098 FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942

and determining that to the extent that the Alien Property Custodian, to be held, Executive Order No. 9095, as amended,1 such national is a person not within a used, administered, liquidated, sold or and pursuant to law, the undersigned, designated enemy country the national otherwise dealt with in the interest of after investigation, finding that the prop­ interest of the United States requires and for the benefit of the United States, erty described as follows: that such person be treated as a national such property being described as follows: All cash dividends declared but not yet of a designated enemy country (Ger­ All right, title and interest, arising under paid, and 60 shares of $100 par value common many) , and having made all determina­ the laws of the United States, of whatso­ capital stock declared as a stock dividend, tions and taken all action, after appro­ ever kind or nature of the author, copyright by The American Platinum Works on June 6, priate consultation and certification, owner, scenario writers and producer, and 1942, on 1,523 shares of its $100 par value required by said executive order or Act each of them, in, to and under each of the common stock which 1,523 shares were vested or otherwise, and deeming it necessary following: , by the undersigned pursuant to Vesting Or­ in the national interest, hereby vests (a) The copyright described as follows: der Number 74 of July 30, 1942, and which such property in the Alien Property Cus­ Copyright number: A. Foreign 38017. dividends are owing to W. C. Heraeus, Title of book: Urlaub Auf Ehrenwort. G.m.b.H., Hanau, Germany, both of which todian, to be held, used, administered, Author: Kilan Roll, of Germany. companies were found in said Vesting Order liquidated, sold or otherwise dealt with Copyright, owner: Albert Langen/Georg Number 74 to be nationals of a designated in the interest of and for the benefit Muller Verlag. G. m. b. H., of Germany. enemy country (Germany), of the United States. (b ) All copyrights, claims of copyright, Such property and any or all of the rights to copyright and interests thereunder is property of, and represents an interest proceeds thereof shall be held in a spe­ in the photoplay described as follows: in a business enterprise within the United cial account pending further determina­ Title of photoplay: Urlaub Auf Ehren­ States which is, a national of a designated tion of the Alien Property Custodian. wort. enemy country (Germany), and also is Scenario writers: Charles Klein and F. property within the United States owned This shall not be deemed to limit the Luetzkendorf, of Germany. powers of the Alien Property Custodian or controlled by a national of a desig­ Producer: Universum Film, A. G., of Ger­ nated enemy country (Germany), and to return such property or the proceeds many, thereof, or to indicate that compensa­ determining that to the extent that such including but not limited to all accrued nationals are persons not within a desig­ tion will not be paid in lieu thereof, royalties, all rights to receive royalties, all if and when it should be determined that nated enemy country the national intei- damages and profits recoverable at law or in est of the United States requires that such such return should be made or such equity from any and all persons, firms, corpo­ compensation should be paid. rations or governments for past infringement persons be treated as nationals of the Any person, except a national of a des­ thereof, and all rights of renewal subject to aforesaid designated enemy country ignated enemy country, asserting any be exercised by the aforesaid scenario wriiers (Germany), and having made all deter­ claim arising as a result of this order may or author or by their widows, children, exec­ minations and taken all action, after ap­ file with the Alien Property Custodian utors or next of kin, or by or through the propriate consultation and certification, a notice of his claim, together with a aforesaid copyright owner or producer. required by said executive order or Act request for a hearing thereon, on Form Such property and any or all of the or otherwise, and deeming it necessary AFC-1, within one year from the date proceeds thereof shall be held in a spe­ in the national interest, hereby vests hereof, or within such further time as cial account pending further determina­ such property in the Alien Property Cus­ may be' allowed by the Alien Property tion of the Alien Property Custodian. todian, to be held, used, administered, Custodian. Nothing herein contained This shall not be deemed to limit the liquidated, sold or otherwise dealt with shall be deemed to constitute an admis­ powers of the Alien Property Custodian in the interest of and for the benefit of sion of the existence, validity or right to to return such property or the proceeds the United States. allowance of any such claim. thereof, or to indicate that compensa­ Such property and any or all of the The terms “national” and “designated tion will not be paid in lieu thereof, if proceeds thereof shall be held in a special enemy country” as used herein shall have and when it should be determined that account pending further determination the meanings prescribed in section 10 of such return should be made or such comr of the Alien Property Custodian. This said executive order. pensation should be paid. shall not be deemed to limit the powers Executed at Washington, D. C. on Any person, except a national of a of the Alien Property Custodian to re­ October 22, 1942. designated enemy country, asserting any turn such property or the proceeds there­ of, or to indicate that compensation will [ s e a l] L eo T . C r o w l e y , claim arising as a result of this order may Alien Property Custodian. ~ file with the Alien Property Custodian not be paid in lieu thereof, if and when a notice of his claim, together with a it should be determined that such return [F. R. Doc. 42-11569; Filed, November 6, 1942; request for a hearing thereon, on Form should be made or such compensation 11:31 a. m.] should be paid. APC-1, within one year from the date hereof, or within such further time as Any* person, except a national of a may be allowed by the Alien Property designated enemy country, asserting any [Vesting Order Number 263] Custodian. Nothing herein contained claim arising as a result of this order may file with the Alien Property Custodian a C o p y r ig h t and C o p y r ig h t I nterests C ov- ' shall be deemed to constitute an admis- * notice of his claim, together with a re­ BRING “ÜRLAUB AUF EHRENWORT” sion of the existence, validity or right to allowance of any such claim. quest for a hearing thereon, on Form Under the authority of the Trading APC-1, within one year from the date with the enemy Act, as amended, and The terms “ national” and “ designated hereof, or within such further time as Executive Order No. 9095, as amended,1 enemy country” as used herein shall have may be allowed by the Alien Property and pursuant to law, the undersigned, the meanings prescribed in section 10 of Custodian. Nothing herein contained after investigation, finding that the said executive order. shall be deemed to constitute an admis­ property hereinafter described is prop­ Executed at Washington, D. C., on Oc­ sion of the existence, validity or right to tober 28, 1942. erty payable or held with respect to copy­ allowance of any such claim. rights, or rights related thereto, in which [ se al] L eo T. C r o w l e y , The terms “ national”, “designated en­ interests are held by, and such property Alien Property Custodian. emy country” and “business enterprise constitutes interests held therein by, na­ [F. R. Doc. 42-11570; Filed, November 6, 1942; within the United States” as used herein tionals of a foreign country (Germany), 11:33 a. m.] shall have the meanings prescribed in and having made all determinations and section 10 of said executive order. taken all action, after appropriate Con­ Executed at Washington, D. C. on No­ sultation and certification, required by [Vesting Order Number 288] vember 2, 1942. said executive order or Act or otherwise, and deeming it necessary in the national D ividends o n C apital S t o ck of T h e Cseai«] L eo T. C r o w l e y , interest, hereby vests such property in A m erican P l a t in u m W orks Alien Property Custodian. Under the authority of the Trading [F. R. Doc. 42-11571; Filed, November 6, 1942; 17 F R . 5205. with the enemy Act, as amended, and 11:33 a. m.] FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9099

OFFICE OF DEFENSE TRANSPORTA­ istrator by the Emergency Price Control S ize g ro u p s: Maximum:prices TION. Act of 1942, as amended, and Executive 2______$3.50 [Special Order ODT W -l] Order No. 9250, and in accordance with' 4 ------3.60 5 _____ 3 .0 0 W ater C arriers o n th e I l l in o is R iver § 1340.207 (b) of Maximum Price Regu­ lation No. 120, It is ordered: (c) This Order No. 74 may be revoked ORDER DIRECTING COORDINATED OPERATION (a) Elmira Coal Company, Excelsior or amended by the Price Administrator Directing coordinated operation of car­ Springs, Missouri, may sell and deliver, at any time. riers by water on the Illinois River be­ and any person may buy and receive, bi­ (d) All prayers of the petition not tween Havaha, Illinois, and Chicago, tuminous coal described in paragraphs granted herein are denied. Illinois. (b) and (c) at prices not to exceed the (e) Unless the context otherwise re­ Upon consideration of the application respective prices stated therein; quires, the definitions set forth in for authority to coordinate service in and (b) Coal in Size Groups 2, 6 and 11 § 1340.208 of Maximum Price Regulation to pool equipment with respect to the produced at the Elmira Mine (Mine In­ No. 120 shall apply to the terms used transportation of property, by water, filed dex No. 48), District No. 15, of the El­ herein. with this Office by Central Barge Com­ mira Coal Company, may be sold for (f) This Order No. 74 shall become ef­ pany, Chicago, Illinois, and Ohio River shipment by rail at prices per net ton fective November 6, 1942. Company, Cincinnati, Ohio, and in order f. o. b. the mine not to exceed $3.90, Issued this 5th day of November 1942. to assure maximum utilization of the $3.50 and $3.75, respectively. L e o n H end er so n, facilities, services, and equipment of car­ ■ (c) Coal in Size Groups 2, 6 and 11 Administrator. riers of property by water, and to con­ produced at the Elmira Mine (Mine In­ serve and providently utilize vital equip­ dex No. 48), District No. 15, of the El­ [F . R . D oc. 42-11539; F iled, N o vem ber 5, 1942; ment, material, and supplies, the attain­ mira Coal Company, may be sold for 1:32 p. m.] ment of which purposes is essential to shipment by truck or wagon at prices per the successful prosecution of the war, net ton f. o. b. the mine not to exceed It is hereby ordered, That: $3.90, $3.50 and $3.75, respectively. 1. Central Barge Company and Ohio (d) All prayers of the petitioner not OFFICE OF SCIENTIFIC RESEARCH River Company, in the transportation of granted herein are denied. coal by water on the Illinois River from (e) This Revised Order No. 3 may be AND DEVELOPMENT. Havana, Illinois, to Chicago, Illinois, revoked or amended by the Price Adihin- [Administrative Order 2] shall, subject to terms and conditions ac­ istrator at any time. ceptable to each such company, pool (f) Unless the context otherwise re­ O rganization ; F u n c t io n s and D u t ie s of their barges operated in such trade and quires, the definitions set forth in § 1340.- O fficers 1 service in connection therewith, and each 208 of Maximum Price Regulation No. S eptember 24, 1942. 120 shall apply to terms used herein. use the barges *of the other company Pursuant to the authority contained in (g) This Revised Order No. 3 shall be­ without regard to the ownership thereof. Executive Order No. 88072 of June 28, come effective November 5, 1942. 2. Barges made empty at Chicago shall, 1941, and other provisions of law, and in subject to terms and conditions accept­ (Pub. Laws 421 and 729, 77th Cong.; E.O. order further to define the functions and able to each such company, be moved to 9250, 7 F.R. 7871) duties of the Office of Scientific Research Havana by either company without re­ Issued this 5th day of November 1942. and Development, It is hereby ordered gard to the ownership of such barges. That: 3. This order shall not be construed as L e o n H enderson,. S ec t io n 1. This administrative order approving the rates and charges to be Administrator. amends and supersedes Administrative collected by the carriers for the trans­ Order No. 1, dated-August 20,1941. portation of coal. Charter hire agreed [P. R. Doc. 42-11535; Piled, November 5, 1942; 1:3L p. m.] S ec. 2. The principal subdivisions of upon by the carriers shall be subject to the Office of Scientific Research and De­ any applicable maximum price estab­ velopment shall be: lished by any competent governmental [O rd e r 74 U n d e r M P R 120] (a) The National Defense Research authority. Committee, created by section 7 of Execu­ This order shall become effective No­ W eik art C oal C o m p a n y tive Order No. 8807, the duties of which vember 6, 1942. ORDER GRANTING ADJUSTMENT shall be to advise and assist the Director Issued at Washington, D. C., this 6th as specified in section 7 and to supervise day of November 1942. Order No. 74 Under Maximum Price the performance of research in its desig­ J o seph B. E astm an, Regulation No. 120—Bituminous Coal nated field. Director of Defense Transportation. Delivered From Mine or Preparation (b) T h e ' Committee on Medical Re­ Plant—Docket No. 3120-87. search, created by section 8 of Executive [P . R . D oc. 42-11549; F iled , N o v em b er 6, 1942; For the reasons set forth in an opin­ 10:35 a. m.] Order No. 8807, the duties of which shall ion issued simultaneously herewith and be to advise and assist the Director as pursuant to the authority vested in the specified in section 8 and to supervise the Price Administrator by the Emergency performance of research in its designated Price Control Act of 1942, as amended, OFFICE OF PRICE ADMINISTRATION. field. and Executive Order No. 9250, and in ac­ (c) The Administrative Division, at the [Rev. Order 3 Under MPR 120] cordance with § 1340.207 (c) of Maxi­ head of which shall be an Executive Sec­ mum Price Regulation No. 120, It is retary appointed by the Director. The E lm ir a C oal C o m p a n y ordered: Administrative Division shall have charge (a) The Weikart Coal Company,0 ORDER GRANTING ADJUSTMENT of the administrative affairs and records Washingtonville, Ohio, may sell and de­ of the Office of Scientific Research and Revised Order No. 3 Under Maximum liver, and any person may buy and re­ Development under direction and super­ Price Regulation No. 120—Bituminous ceive, the bituminous coal described in vision of the Director and subject to the Coal Delivered From Mine or Prepara­ paragraph (b ), for shipment by truck or provisions of section 10 of Executive Or­ tion Plant—Docket No. 3120-2. wagon, at prices not in excess of the re­ der No. 8807. Order No. 3 1 under Maximum Price spective prices stated therein. (d) The Liaison Office, under the su­ Regulation No. 120 is hereby amended to (b) Coals produced by Weikart Coal pervision of a Senior Liaison Officer ap­ read as set forth below: Company at its Weikart Coal Company pointed by the Director. The duties of For the reasons set forth in an opinion Mine (Mine Index No. 1445), in District the Liaison Office shall be the conduct of issued simultaneously herewith, and un­ No. 4, in Size Groups 2, 4 and 5, may be der authority vested in-the Price Admin- sold for shipment by truck or wagon 1 An organization chart was filed with the f . o. b. the mine at prices per net ton not original document. 17 P .R . 3909. to exceed the following: * 6 F R . 3207.

N o . 220------5 9100 FEDERAL REGISTER, Saturday, November 7, 1942 scientific liaison with countries the de­ SECURITIES AND EXCHANGE COM­ consideration and determination at a fense of which the President has deemed MISSION. later date; and having requested the ac­ vital to the defense of the United States celeration of the effective date of such under the terms of the Act of March 11, [Pile Nos. 70-016, 70-610] declarations or applications; and .. 1941, entitled "An Act to Promote the C o l u m b ia G as & E lectric C orp. and C o ­ The Commission deeming it appropri­ Defense of the United States.” l u m b ia O il & G a so lin e C orp. ate in the public interest and in the Sec. 3. Subject to all limitations and interests of investors and consumers to restrictions applicable to acts of the Di­ ORDER GRANTING APPLICATIONS, ETC. permit such declarations or applications rector, the Chairman of the National Order granting applications and per­ to become effective to the extent sug­ Defense Research Committee is author­ mitting declarations to become effective gested by the parties and that the date ized: (1) to discharge all duties and to in part and reserving jurisdiction. should be advanced; exercise all powers of the Director during At a regular session of the Securities It is ordered, pursuant to Rule U-23 the absence or disability of the Director, and Exchange Commission, held at its and the^ applicable provisions of the Act (2) to discharge such duties and to exer­ office in the City of Philadelphia, Penn­ and subject to the terms and conditions cise such powers of the Director in the sylvania, on the 3d of November, 1942. prescribed in Rule U-24 that the afore­ field of the National Defense Research -The above-named parties having filed said declarations or applications be, and Committee designated by section 7 of applications or declarations, pursuant to they hereby are, permitted to become ef­ Executive Order No. 8807, as may be the Public Utility Holding Company Act fective and are granted forthwith, to the delegated to him from time to time by of 1935, particularly sections 9, 10, 12 extent that they contemplate the sale by the Director, and (3) to delegate any (c), 12 (d) and Rules U-42, U-43, regard­ Columbia Gas & Electric Corporation and power or duty of the Chairman to such ing the following transactions: the corresponding purchase by Columbia assistant as he may designate with the Columbia Gas & Electric Corporation, Oil & Gasoline Corporation of $300,000 approval of the Director. a registered holding company and a sub­ face amount of the latter’s debentures Sec. 4. Subject to all limitations and sidiary of The United Corporation, also a for $300,000 in cash plus accrued interest, restrictions applicable to acts of the Di­ registered holding company, and Colum­ jurisdiction being reserved with respect to rector, the Chairman of the Committee bia Oil & Gasoline Corporation, a sub­ the payment of the $12,000 premium pre­ on Medical Research is authorized: (1) sidiary of Columbia Gas & Electric Cor­ scribed under the terms of the indenture to discharge such duties and exercise poration, propose by separate applica­ securing the said debentures. such powers of the Director in the field tions or declarations that Columbia Gas By the Commission (Commissioner of the Committee on Medical Research & Electric Corporation dispose of, and Healy dissenting for reasons set forth in designated by section 8 of Executive Columbia Oil & Gasoline Corporation ac­ his memorandum of April 1, 1940). Order No. 8807, as may be delegated to quire, $300,000 face amount of Columbia [ seal] O rval L. D u B ois, him from time to time by the Director, Oil & Gasoline Corporation’s debentures Secretary. and (2) to delegate any power or duty held by Columbia Gas & Electric Cor­ of the Chairnlan to such assistant as he poration, for $312,000 in cash plus ac­ [F. R. Doc. 42-11528; Filed, November 6, 1942; may designate with the approval of the crued interest, such amount being the 11:56 a. m.] Director. redemption price specified in the inden­ Sec. 5. Subject to all limitations and ture securing such debentures; the de­ restrictions applicable to acts of the Di­ bentures so acquired to be tendered to [File No. 812-178] rector and within such limits as may be the Trustee under the indenture in lieu T h e S c r ipps-H ow ard I n v e st m e n t prescribed by the Director, the Executive of the semi-annual cash sinking fund C o m p a n y Secretary is authorized: (1) to negotiate required under the provisions of said and enter into contracts and to make indenture. NOTICE OF Aim ORDER FOR HEARING supplements, amendments, modifications Notice of said filings having been duly At .a regular session of the Securities or extensions of contracts heretofore given in the form and manner prescribed and Exchange Commission, held at its or hereafter made in connection with the by Rule U-23 promulgated pursuant to office in the City of Philadelphia, Pa., functions of the Office of Scientific Re­ said Act, and the Commission not hav­ oh the 3d day of November, A. D. 1942. search and Development and its officers, ing received a request for a hearing with An application having been duly filed (2) to incur and release such obligations respect to said declarations or applica­ by Scripps-Howard Investment Company and to settle such claims as may be tions within the period specified in said\ for an order, pursuant to section 6 (b> necessary to accomplish such functions, notices or otherwise, and not having or­ and/or 6 (c) of the Investment Com­ (3) to effect transfers and re-transfers dered hearings thereon; and pany Act of 1940, exempting the appli­ of funds, (4) to authorize or approve The above-named parties having stated cant from the provisions of that Act; travel and certify long-distance tele­ in their declarations that there may be I t is ordered, That a hearing on the phone calls in connection with such func­ problems in connection with Hie payment aforesaid application be held on the 18th tions, and (5) to delegate any power or of the $12,000 premium in "addition to day of November, 1942, at 10:00 o’clock duty of the Executive Secretary to such the face amount of $300,000 for the said in the forenoon of that day in the hearing assistant as he may designate with the debentures, which would be time consum­ room of the Securities and Exchange approval of the Director. ing and which are present in other pend­ Commission Building at 18th and Locust Sec. 6. Acts heretofore performed con­ ing proceedings (Piles Nos. 59-33, 70- Streets, Philadelphia, Pennsylvania. On sistent with the procedure authorized in 438), concerning the payment of a more such day the hearing room clerk in Room this Administrative Order are approved, substantial principal amount of deben­ 318 will advise interested parties where ratified and confirmed. tures than is here involved; and having such hearing will be held. V annevar B u s h , therefore suggested that an order be en­ It is further ordered, That Robert P. Director. tered permitting the sale by Columbia Reeder, Esquire, or any other officer or Approved: Gas & Electric Corporation to Columbia officers of the Commission designated by Oil & Gasoline Corporation of the it for that purpose, shall preside at the W a y n e C o y , Liaison Officer, Office for Emergency $300,000 principal amount of debentures hearing on such matter. The officer so Management. for immediate payment of $300,000 plus designated to preside at such hearing is accrued interest in cash, the Commission hereby authorized to exercise all the [P. R. Doc. 42-11534; Piled, November 5, 1942; reserving jurisdiction over the payment powers granted to the Commission under 12:20 p. m.] of the additional amount of $12,000 for sections 41 and 42 (b) of the Investment FEDERAL REGISTER, S a tu rd a y , N o v e m b e r 7, 1942 9101

Company Act of 1940 and to trial exami­ $9,275,000 in principal amount of First amended after appropriate notice; the ners under the Commission’s Rules of Mortgage Bonds, 3y2% due 1966 and Commission having considered the rec­ Practice. $1,494,000 in principal amount of First ord in this matter and having made and Notice of such hearing is hereby given Mortgage Bonds, 4% due 1960 of Cum­ filed its Findings and Opinion herein: to the applicant and to any othej, per­ berland, and redeem and retire said It is ordered, That said applications be sons whose participation in such pro­ Bonds at 105%% and 105% respectively; and the same hereby are granted and ceedings may be in the public interest (2) redeem and retire all outstanding that said declarations be and become ef­ or for the protection of investors. shares of Preferred Stock of Cumberland fective forthwith, subject to the terms By the Commission. at their respective redemption prices, and conditions set forth in Rule U-24 [SEAL] ORVAL L. D u BOIS, subject, however, to an offer of exchange and subject also to the following addi­ Secretary. to be made to the holders thereof under tional terms and conditions: which such holders may elect to receive (1) The granting of said applications [F . R . Doc. 42-11529; F iled, N o v em b er 5, 1942; two shares of $50 Preferred Stock, 5% and the permitting of said declarations 11:56 a. m.] Dividend Series, plus two shares of Com­ to become effective is upon the express mon Stock, $10 par value of Central condition that if the Maine Public Utili­ Maine for each share of 6% Preferred ties Commission shall not approve the [File No. 70-555] Stock of Cumberland, or two share' of merger of Cumberland into Central $50 Preferred Stock, 5% Dividend Se­ Maine and the issuance of securities by C e n t r a l M a i n e P o w e r C o ., e t a l . ries, plus one share of Common Stock, Central Maine as proposed herein, within $10 par value, of Central Maine for each sixty days from the date hereof, then this ORDER GRANTING APPLICATIONS AND PERMIT­ share of 5%% Preferred Stock of Cum­ order shall be null and void and of no TING DECLARATIONS TO BECOME EFFECTIVE berland. It is further proposed that Cen­ effect; At a regular session of the Securities tral Maine redeem or otherwise retire (2) No dividends, except dividends and Exchange Commission, held at its its presently outstanding 7% Preferred payable in common stock, shall be de­ office in the City of Philadelphia, Penn­ Stock in direct ratio to the par value of clared or paid on the common stock of sylvania, on the 4th day of November its $50 Preferred Stock, 5%- Dividend the merged company except out of earn­ 1942. Series, issued in such exchange of Cum­ ings accumulated subsequent to the date In the matter of Central Maine Power berland Preferred Stock. upon which the merger becomes effective. Company, Cumberland County Power C. It is further proposed: (1) that (3) No dividends, except dividends and Light Company, New England In­ Central Maine issue and sell for cash payable in common stock, shall be de­ dustries, Inc., New England Public Serv­ 261,910 shares of Common Stock, $10 par clared or paid on the common stock of ice Company. value, at the price of $10 per share, and the merged company at any time unless Central Maine Power Company (“ Cen­ that Nepsco purchase such shares (less for the entire period from the date upon tral Main§” ) , Cumberland County Power any shares taken by holders of Common which the merger shall have become ef­ and Light Company (“Cumberland” ) , Stock and 6% Preferred Stock of Cen­ fective to the end of the calendar month New England Industries, Inc. (“Indus­ tral Maine upon the exercise of their next preceding the month in which any tries” ) and New England Public Service respective preemptive rights); (2) that such declaration is made: Company (“Nepsco” ), having filed ap­ Nepsco tender for conversion its present * (a) The Company shall have made pro­ plications and declarations pursuant to holdings of 54,699 shares of Common vision for depreciation at the rate of not sections 6, 7, 10 and 12 of the Public Stock of Cumberland and 638 shares of less than two per cent per annum on its Holding Company Act of 1935 regarding 6% Preferred Stock of Central Maine depreciable gas and electric plant; transactions more particularly summar­ and receive therefor 404,575 shares' and (b) The Company shall have retained ized as follows: 6,380 shares (total 410,955 shares) re­ current earnings applicable to its com­ spectively of Common Stock, $10 par mon stock, or shall have sold additional I value, of Central Maine. common stock for cash, at a rate of not Central Maine and Cumberland (both D. It is further proposed that Central less than $500,000 per annum until the subsidiaries of Nepsco) propose to enter Maine’s bank loans be paid off and neces­ sum of the earnings so retained plus the into an agreement of merger by which sary funds provided for the purchase and proceeds from the sale of common stock Central Maine will acquire all the assets construction of property with cash de­ shall aggregate not less than $5,000,000. and assume all of the liabilities of Cum­ rived from the transactions described Such earnings as are so retained shall be berland and by which Central Maine above. used only for the payment of dividends on will continue as the surviving corpora­ E. It is proposed that proxies be solic­ common stock payable in common stock. tion. Cumberland will dispose of all of ited from the stockholders of Cumber­ (c) The Company shall have retained its assets to Central Maine and will be land and Central Maine in connection current earnings applicable to its com­ merged into Central Maine. with the merger described above. mon stock at the rate of not less than A. It is proposed that Central Maine: $200,000 per annum until all bonds of (1) change and increase the common n Portland Railroad Company outstanding stock authorized by its charter from Central Maine proposes to sell and In­ in the hands of the public shall have been 150,000 shares of Common Stock, no par dustries (a subsidiary of Nepsco) pro­ paid in full or acquired by the Company value, into 1,500,000 shares of Common poses to buy 1,000 shares of Prior or sums sufficient to pay the same at Stock, $10 par value, of which 642,500 Preferred Stock and 1,457 shares of Pre­ maturity shall have been deposited with shares will be outstanding in the hands ferred Stock of Keyes Fibre Company (a the Trustees under the mortgages secur­ of the holders of the presently outstand­ subsidiary of Nepsco and Central Maine) ing the same. The earnings so retained ing 140,000 shares of Common Stock, no for an aggregate cash consideration of shall be credited to a reserve against the par value; and change the voting power $245,700. Company’s investment in Portland Rail­ of the common stock so that each share in road Company bonds until that invest­ of such Common Stock, $10 par value, Central Maine proposes to buy and ment has been reserved against in full, will have one-fifth of a"vote; (2) issue and thereafter shall be credited to the and sell for cash $12,500,000 in principal Nepsco proposes to sell 300 shares of Common Stock of Nepsco Services,. Inc., account “Bus Transportation System amount of First and General Mortgage for $5,000; $6,000 in principal amount Substituted under Portland Railroad Bonds of a new series, to be designated Lease”, used to describe disbursements Series M; (3) issue and sell for cash of 5% Debentures of Nepsco Services, Inc., for $6,000 plus accrued interest; made for the purchase of busses or other $5,000,000 in principal amount of Ten- equipment for Portland Railroad Com­ Year Serial Notes; (4) issue a presently 10 shares of Common Stock of Nepsco pany, until such account has been fully undeterminable amount of $50 Preferred Appliance Finance Corporation for $100; amortized. This last named provision is Stock 5% Dividend Series, of which se­ 650 shares (constituting 100%) of the not intended to replace all or any part of ries 20,000 shares are presently oustand- Common Stock of New England Pole and the present reserve called “For Replace­ ing. Treating Company for $110,000. ment of Bus Property Leased” or all or B. It is further proposed that Central A public hearing having been held on any part of the annual charge to earn­ Maine: (1) assume, the liability upon said applications and declarations as ings for that purpose; 9102 FEDERAL REGISTER, Saturday, November 7, 1942

(d) The Company shall have amor­ notes, not to exceed at any one time matters and having made and filed its tized from earnings at the rate of - not $500,000 in the case of Androscoggin findings and opinion herein; less than $260,981 per annum the $2,000,- Mills, the Edwards Manufacturing Com­ It is ordered, That said applications, 000 carried in the plant account as “cost pany, Hill Manufacturing Company and as amended, be and hereby are granted of obtaining capital and services rendered York Manufacturing Company and not forthwith, and said declarations, as in financing and acquiring properties in to exceed $1,000,000 in the case of Bates amended, be and hereby are permitted to 1910” and the $609,810, ^carried in plant Manufacturing Company, said notes to become effective forthwith, subject, how­ account as an acquisition adjustment, be issued from time to time for the pur­ ever, to the terms and conditions pre­ being the excess of acquisition cost over pose of evidencing borrowings from scribed in Rule U-24 of the General Rules cost to predecessors of the property ac­ banks; and and Regulations promulgated under the quired by Portland Electric Company A public hearing having been held Public Utility Holding Company Act of from Portland Lighting and Power Com­ after appropriate notice; the Commis­ 1935. pany and Consolidated Electric Light sion having considered the record in this By the Commission. Company of Maine, proportionate to the matter and having made and filed its [ se al] O rval L. DuBois, cost of that part of said property no Findings and Opinion herein: Secretary. longer in service, until the total amount I t is ordered, That said applications of $2,609,810 shall have been amortized, be and the same hereby are granted sub­ [F. R. Doc. 42-11532; Filed, November 5, 1942; or otherwise provided for: Provided, That ject to the terms and conditions set forth 11:57 a. m.] no amortization of said items shall be a in Rule U-24 and subject also to the fol­ permitted earned surplus adjustment un­ lowing condition: der paragraph (e) below; No notes to be issued hereunder shall [File No. 59-53] (e) Provided, That surplus accumu­ have maturities extending more than two lated by retention of earnings under years from the date hereof. C it ie s S ervice C o ., e t a l . paragraphs (b) and