REGIS

VOLUME « 4*. 1934 ¿ y NUMBER 200 * C h i n t o %

Washington, Tuesday, October 14, 1941

The President Planted in the Calendar Year 1941” are CONTENTS amended by adding the following para­ graph at the end of § 729.311 THE PRESIDENT MILITARY ORDER § 729.31 Prices of and payments of Military Order: Page By virtue of the authority vested in me excess peanuts for crushing into Kerr, Col. Francis B., assignment as President of the United States and as oil. * * * to assist Chairman and Ex­ Commander in Chief of the Army and Notwithstanding any other provision ecutive Director of Economic Navy of the United States, I hereby as­ of this Part VII, a designated agency Defense Board______6199 sign Colonel Francis R. Kerr, Army of may purchase quota peanuts at the es­ RULES, REGULATIONS, the United States, now on duty with the tablished price for excess peanuts for ORDERS Economic Defense Board, to assist the crushing into oil. (52 Stat. 38, as Chairman and Executive Director of said amended; 7 U.S.C., Sup., 1301 et seq.) T itle 7— A griculture: Board in the performance of certain Agricultural Adjustment Admin­ By virtue of the authority vested in the functions relating to the administration istration : Secretary of Agriculture by title III of of section 6 of Public No, 703, 76th Con­ Excess peanuts for crushing gress, Third Session, entitled “ An Act the Agricultural Adjustment Act of 1938 (Public Law No. 430, 75th Congress, ap­ into oil, amendment____ 5199 To expedite the strengthening of the proved February 16, 1938; 52 Stat. 38, T itle 10—A r m y : W ar D epart­ national defense,” approved July 2, 1940, m e n t : as amended, and of certain provisions as amended, 7 U.S.C. 1301 et seq), he Military Reservations and Na­ of Public No. 829, 76th Congress, Third does make, prescribe, publish and give tional Cemeteries: Session, entitled “An Act to authorize public notice of the foregoing amend­ ments to the “Regulations Pertaining to the President to requisition certain ar­ Exchanges, amendments (2 Marketing Quotas for Peanuts of the ticles and materials for the use of the documents)______5199, 5200 Crop Planted in the Calendar Year United States, and for other purposes,, T itle 14— Civil A viatio n: 1941” (Form PN-514), issued by him on approved October 10, 1940, which func­ Civil Aeronautics Board: June 7, 1941, as amended. tions are essentially military in charac­ Air traffic rules, pilot and air­ ter. Done at Washington, D. C., this 11th day of October 1941. Witness my hand craft certificates required, So much of the Military Order of Sep­ and the seal of the Department of Agri­ amendments______5201 tember 15, 1941,1 as assigns Lieutenant culture. T itle 16—Commercial P ractices: Colonel William E. Chickering, United Federal Trade Commission: States Army, to duty with the Economic [ s e a l ] P aul H. A ppleby, Defense Board is hereby revoked. Acting Secretary of Agriculture. Normandie et Cie., cease and desist order______5201 F ranklin D R oosevelt [F. R. Doc. 41-7679; FUed, October 13, 1941; T itle 26— I nternal R evenue: T he W hite H ouse, 11:13 a. m.] Bureau of Internal Revenue: October 9,1941: Distilled spirits, excise regula­ [F. R. Doc. 41-7635; Filed, October 10, 1941; tions amended______5214 3:10 P. M.] TITLE 10—ARMY: WAR DEPARTMENT Income tax, Regulations 103 Rules, Regulations, Orders CHAPTER V—MILITARY RESERVA­ amended______5202 TIONS AND NATIONAL CEME­ T itle 30— M ineral R esources: TERIES TITLE 7—AGRICULTURE. Bituminous Coal Division: P art 54— Exchanges 2 District No. 2, minimum price CHAPTER VII—AGRICULTURAL AD­ schedule relief granted__5215 JUSTMENT ADMINISTRATION § 54.3 Activities. T itle 32— N ational D efense: [Form PN-514— Supp. 3] * * * * 4c Export Control: P art 729— N ational M arketing Q uota (c) Concessions. Schedule No. 22______5216 for P e an u ts2 * * * * * Office of Price Administration: . MARKETING QUOTAS FOR PEANUTS OF THE (11) The following policies are an­ Copper scrap, price schedule CROP PLANTED IN THE CALENDAR YEAR nounced in connection with the handling amended______5218 1941 of transportation facilities to and from posts, camps, and stations when neces­ Office of Price Administration The “Regulations Pertaining to Mar­ and Civilian Supply: keting Quotas for Peanuts of the Crop sary: Rayon grey goods, price sched­ 1 6 F.R. 2779. 16 F.R. 4359. ule, correction______5220 * 6 FU. 4796. * § 54.8 (0) (11) is added. (Continued on next page) 5199 5200 FEDERAL REGISTER, Tuesday, October 14, 1941

CONTENTS—Continued transportation facility nor to compete in any manner with civilian enterprise in Department of the Interior—Con. such activity. Bituminous Coal Division—Con. (iii) No distinction is to be drawn be­ FEDERÄÄREGISTEB Dawson Coal Co., petition dis- Page • V , '»34 ¿ ¡ p tween taxicab and bus transportation. missed______5236 (iv) One or more revocable licenses for Hearings: such operation may be granted by the Brown, Dwaine______5233 Published daily, except Sundays, Mondays, Secretary of W ar upon the recommenda­ Burns Fuel Co______5231 tion of the corps area commander based and days following legal holidays by the Elf gen Coal Co______5230 Division of the Federal Register, The National upon the free competitive proposals of Ellis, Roy C______5235 Archives, pursuant to the authority con­ all reputable available companies or indi­ tained in the Federal Register Act, approved Harman Coal Co______5232 viduals. July 26, 1935 (49 Stat. 500), under regula­ Harris, T. E______5227 tions prescribed by the Administrative Com­ (v) Such revocable license must in­ mittee, approved by the President. Hartford Coal Co______5234 clude provisions for complete military Hoyt, Clyde H., Co______5228 The Administrative Committee consists of control and supervision of the activities the Archivist or Acting Archivist, an officer Marion County Coal Mining of such licensee under the license; and of the Department of Justice designated by Corp., In c ______5233 the Attorney General, and the Public Printer specified prices and schedules with provi­ Marlowe, J. F., & Co______5229 or Acting Public Printer. sion for adequate public liability and The daily issue of the F ederal R egister Oakland Coal Co______5227 property damage insurance. will be furnished by mail to subscribers, free Red Bird Number 5 Coal Co_ 5234 (vi) Such revocable license may con­ of postage, for $1.25 per month or $12.50 per Scott, Robert L ______5228 year; single copies 10 cents each; payable in tain no reference to the exchange nor Smith, Clarence______5232 advance. Remit money order payable to the obligate the exchange to any duties or Superintendent of Documents directly to the Werner, C. E., Jr______5230 liabilities. The exchange has no con­ Government Printing Office, Washington, D. C. Department of Labor: nection therewith, and the licensee may Wage and Hour Division: not obligate itself to the exchange in any Drug, medicine, and toilet manner under *the license. CONTENTS—Continued preparations industry, (vii) Either before or after the grant­ hearing on employment T itle 32—N ational D efense— Con. ing of such revocable license, the ex­ of learners______5239 change may (subject to subdivision (ix) Office of Production Manage­ Grain, flat warehousing of, of this subparagraph) enter into a sepa­ ment: etc., exemption as sea­ rate contract with such taxicab or bus Priorities orders, amendments, sonal industry______5238 company under which the exchange etc.: Page Learner employment certifi-’ Iron and steel scrap______5217 agrees to act as agent for such company cates, issuance to various for the sale of tickets entitling the holder Manila fiber and manila industries (2 docu­ to transportation. cordage______5217 m ents)______5241,5243 (viii) For its services as such ticket Tungsten______5217 Passenger motor carrier in­ agent the exchange may receive a legal Selective Service System: dustry, minimum wage commission. This should not exceed 10 Stata directors authorized to hearing______5239 order physical examina­ percent of the sales price of such tickets, Puerto Rico, special industry and no part of such commission may be tions: committee dissolved_____ 5238 rebated or allowed in any manner as a Oklahoma______5215 Federal Security Agency: credit to the purchaser of such ticket. Texas______5215 Social Security Board: T itle 33—N avigation and N aviga­ (ix) Under the limitations of para­ Wyoming, certification of em­ graphs (b) (1) and (b) (3) (i) of this ble W aters: ployment security law___ 5243 section, the contract under subdivision Coast Guard: Securities and Exchange Com­ Control of vessels in the terri­ (vii) of this subparagraph requires the mission : permission of the War Department. torial waters of the Hearings, postponements, etc.: United States, amend­ (x) Under the limitations of the fore­ Cities Service Co., et al______5244 going provisions, exchange coupons of ments______5221 Empire Gas and Fuel Co., equivalent money cost may be used by T itle 36—P arks and F orests: et al______5245 ticket purchasers either to obtain trans­ National Park Service: New York Curb Exchange____ 5245 portation tickets or to pay such trans­ Ocmulgee National Monu­ United Gas & Electric Co____ 5243 portation cost in any manner included ment, speed regulation__ 5222 United Jersey Securities Corp_ 5244 within the terms of such contract. Iowa Public Service Co., filing NOTICES (x i) None but duly licensed agencies notice______5244 will be permitted to operate in or upon Department of Agriculture: • St. Louis County Water Co., ap­ military reservations. (R.S. 161; 5 Rural Electrification Adminis­ plication granted______5245 U.S.C. 22) [Cir. 204, W.D., Sept. 30, tration: War Department: 1941] Allocation of funds for loans Contract summaries: [ seal] E. S. Adams. (2 docum ents)______5237 Douglas Aircraft Co., Inc____ 5224 Irving Air Chute Co., Inc____ 5224 M ajor General, Surplus Marketing Administra­ The Adjutant General. tion: Leece-Neville Co______5223 Philadelphia, Pa., marketing Link Aviation Devices, Inc___ 5222 [F. R. Doc. 41-7653; Filed, October 13, 1941; 9:21 a. m.] area, handling of milk__ 5237 Military Chemical Works, Department of the Interior: Inc______5225 Bituminous Coal Division: Rogers Bros. Corp______5223 P art 54—Exchanges 1 Applications for registration § 54.6 Sales; to whom made. as distributors______5237 (i) A taxicab or bus compny may not * * * * ♦ Code memberships revoked, operate as a concessionaire of an ex­ etc.: change. (a ) (2) Civilians regularly employed or Thomas, W. C., et al______5235 (ii) Unless strictly confined to service serving at military posts, upon proper V & M Coal Co______5236 personnel and civilian Government em­ Identification. (R.S. 161; 5 U.S.C. 22) Consolidation Coal Co., Inc., ployees as passengers, an exchange is not relief denied______5236 authorized to operate a taxicab or bus 1 § 54.6 (a) (2) is amended. FEDERAL REGISTER, Tuesday, October 14, 1941 5201

[Par. 13a, A. R. 210-65, July 1, 1941, as percent of the territory of the conti­ § 60.31 Aircraft certificate. No flight amended by Cir. 208, W. D., Oct. 2,19411 nental United States; of civil aircraft, other than of a foreign • * * * * (8) As of September 1, 1941, a total of aircraft whose navigation in the United 2,658 landing areas were reported, of [ seal] E. S. A dams, States has been authorized according to which more than 40 percent were located Major General, law, shall be made or authorized to be off the civil airways; The Adjutant General. made in the United States unless there (9) Scheduled air carrier operation is outstanding for such aircraft a valid [P. R. Doc. 41-7651; Filed, October 13, 1941; which was formerly conducted only on 9:21 a. m.] aircraft airworthiness certificate, or in the civil airways is no longer restricted violation of any term, condition, or limi­ to such airways; tation of such certificate. (10) A great percentage of the opera­ By the Civil Aeronautics Board. TITLE 14—CIVIL AVIATION tion of non-scheduled air carriers is con­ ducted off the civil airways; [ seal] D arw in Charles B r o w n, CHAPTER I—CIVIL AERONAUTICS (11) The development of radio navi­ Secretary. BOARD gational aids will increase the operations [F. R. Doc. 41-7652; Filed, October 13, 1941; {Amend. No. 135, Civil Air Regulations] conducted in air commerce off the civil 9:21 a. m.] airways; P art 60— A ir T raffic R ules (12) The aeronautical activity of the PILOT AND AIRCRAFT CERTIFICATES REQUIRED armed forces of the United States is not confined to the civil airways but may TITLE 16—COMMERCIAL PRACTICES At a session of the Civil Aeronautics be conducted anywhere in the air space Board held at its office in Washington, overlying the United States; CHAPTER I—FEDERAL TRADE D. C., on the 10th day of October 1941. (13) The operation of uncertificated COMMISSION Having had under consideration the aircraft and the pilotage of aircraft by [Docket No. 3341] matter of the operation of uncertificated uncertificated airmen anywhere in the P art 3— D igest of Cease and D esist aircraft in the air space overlying the navigable air space overlying the United O rders United States and the operation of air­ States constitute a hazard to interstate, craft in such air space by uncertificated overseas, and foreign air commerce; IN THE MATTER OF NORMANDIE ET CIE pilots, and having held a public hearing (14) The Civil Aeronautics Act of 1938, § 3.6 (a) Advertising falsely or mis­ after due notice at its office in Wash­ as amended, imposes upon the Board the ington, D. C., on the 24th day of Sep­ leadingly—Business status, advantages responsibility of anticipating possible or connections of advertiser—Foreign tember, 1941, and hazards to interstate, overseas, or foreign The Board finds that; status, branches, etc.: § 3.6 (cc) Adver­ air commerce and of taking necessary tising falsely or misleadingly—Source or (1) As of September 1, 1941, the total action to protect such air commerce; origin— Place—Domestic product as im­ number of civilian pilots certificated by The Board further finds that: ported: § 3.66 (al5 ) Misbranding or the Administrator of Civil Aeronautics mislabeling—Foreign branches, plants or was 181,281, including student pilots, (1) Any operation of any aircraft in properties: § 3.66 (k) Misbranding or representing an increase in the number the air space overlying the United States mislabeling—Source or origin— Place— of civilian pilots certificated of more than either directly affects, or may endanger Domestic product as imported. In con­ 200 percent since July 1, 1938, and in safety in, interstate, overseas, or foreign nection with offer, etc., in commerce, of addition thereto there were an undeter­ air commerce; respondents’ perfumes and kindred prod­ mined number of uncertificated pilots; (2) In order to protect interstate, over­ ucts, (1) using the terms “Paris” , (2) As of September 1, 1941, the total seas, and foreign air commerce, it is “France”, “Made in France” or “Im­ number of civil aircraft certificated by necessary that all pilots and aircraft ported” to designate or describe prod­ the Administrator of Civil Aeronautics operating in the air space overlying the ucts which are made or compounded in was 22,885, representing an increase in United States be certificated; the United States, or otherwise repre­ the number of aircraft certificated of (3) The Board’s action herein is de­ senting that such products are manu­ more than 130 percent since July 1,1938, sirable in the public interest and for the factured in or imported from France or and in addition thereto there were 549 protection of safety in air commerce, and any other foreign country; (2) using is necessary to carry out the provisions uncertificated aircraft recorded; any French or other foreign words or of, and to exercise and perform its duties (3) In 1940 over 264,000,000 miles terms to designate or describe products under, the Civil Aeronautics Act of 1938; were flown in non-scheduled flying made or compounded in the United Now, therefore, the Civil Aeronautics States, unless there appear in connection operations, representing an increase of Board, acting pursuant to the authority and conjunction therewith other words more than 100 percent over the number vested in it by the Civil Aeronautics Act in English clearly stating that such of miles flown in such operations during of 1938, as amended, particularly sec­ products are made or compounded in 1938; tions 205 (a) and 601 (a) of said Act, the United States; (3) using the words (4) In 1940 more than 34,000,000 miles amends the Civil Air Regulations as fol­ “ 11 Rue des Champs, Asnieres, pres were flown in commercial charter opera­ lows: Paris, France” or “U. S. Sales Division” tions, representing an increase of more Effective December 1, 1941, §§ 60.30 in connection with respondents’ trade name, or otherwise representing that re­ than 80 percent over the number of miles and 60.31 of the Civil Air Regulations spondents have a place of business in flown in similar operations during 1938; are amended to read as follows: (5) In 1940 more than 108,000,000 France or in any country other than the revenue miles were flown in domestic § 60.30 Pilot certificates. No person United States; and (4) representing in shall pilot a civil aircraft in the United scheduled air carrier operations, repre­ any manner whatsoever that products States unless such person holds a valid senting an increase of more than 50 per­ which are made or compounded in the pilot certificate or in violation of any United States are made in or imported cent over the number of revenue miles term, condition, or limitation of such from countries other than the United flown in similar operations during 1938; certificate: Provided, That an alien may States; prohibited; subject to the provi­ (6) During the year 1941 the aero­ pilot a civil aircraft in the United States sion, however, in the case of part (1) nautical activity of the armed forces of in accordance with a pilot certificate is­ hereof, that the country of origin of the the United States has increased tremen­ sued or validated pursuant to a recipro­ various ingredients of such products may dously and will increase in accordance cal arrangement entered into between be stated when immediately accompanied with projected national defense plans; the United States and the foreign gov­ by a statement that such products are (7) At present the civil airways cover ernment from which such alien holds a made or compounded in the United more than 600,000 square miles or 20 valid pilot certificate. States. (Sec. 5, 38 Stat. 719, as amended 5202 FEDERAL REGISTER, Tuesday, October 14, 1941 by sec. 3, 52 Stat. 112; 15 U.S.C., Sup. made in or imported from countries other P ar. 2. Section 19.4-1 is amended by in­ IV, sec. 45b) [Cease and desist order, than the United States. serting at the end thereof the following: Normandie et Cie, Docket 3341, October I t is further ordered, That the re­ Shareholders of personal service cor­ 6, 1941] spondents shall, within sixty .(60) days porations— sections 391 to 396, inclusive. after service upon them of this order, file In the Matter of John H. Davis, an Indi­ Individuals with gross income from with the Commission a report in writ­ vidual, and Dale S. Davis, an Individual, certain sources of $3,000 or less— sections ing setting forth in detail the manner Trading as Normandie et Cie 400 to 404, inclusive. and form in which they have complied At a regular session of the Federal with this order. P ar. 3. There is inserted immediately Trade Commission, held at its office in preceding § 19.11-1 the following: the City of Washington, D. C„ on the 6th By the Commission. Sec. 102. Optio nal tax o n individuals with [ seal] O t is B. Jo h n s o n , day of October, A. D. 1941. CERTAIN GROSS INCOME OF $3,000 OR LESS. This proceeding having been heard1 by Secretary. (Revenue Act of 1941, Title I.) the Federal Trade Commission upon the [F. R. Doc. 41-7645; Filed. October 11, 1941; * * * • • complaint of the Commission, the an­ 11:33 a. m.] (b ) Cross-references. swers of respondents, testimony and (1) Section 11 of the Internal Revenue Code is amended by inserting at the end other evidence taken before Edward E. thereof the following: “ (For alternative tax Reardon, trial examiner of the Commis­ TITLE 26—INTERNAL REVENUE if gross income from certain sources is $3,000 sion theretofore duly designated by it, or less, see section 400)’*. in support of and in opposition to the CHAPTER I—BUREAU OF INTERNAL ***** REVENUE allegations of the complaint, report of P ar. 4. Section 19.11-1, as amended by the trial examiner upon the evidence, S ubchapter A — I n c o m e and E x cess- Treasury Decision 5011,2 approved Sep­ and exceptions thereto, and brief in P rofits T ax tember 24, 1940, is further amended by support of the complaint (respondents [T. D. 5086] striking out the first sentence of the first not having filed brief and oral argument paragraph and inserting in lieu thereof not having been requested); and the PART 19— INCOME TAX UNDER THE INTERNAL the following: Commission, having made its findings as REVENUE CODE to the facts and its conclusion that the Chapter 1 of the Internal Revenue Regulations 103 Amended to Conform to Code, which applies only to taxable respondents have violated the provisions the Revenue Act of 1941 of the Federal Trade Commission Act; years beginning after December 31, 1938 I t is ordered, That the respondents, In order to conform Regulations 1031 (see section 1), imposes an income tax John H. Davis and Dale S. Davis, indi­ [Part 19, Title 26, Code of Federal Regu­ on individuals, including a normal tax vidually and trading as Normandie et Cie, lations, 1940 Sup.] to the Revenue Act (section 11), a surtax (section 12), and or trading under any other name, their of 1941 (Public Law 250, 77th Congress), a defense tax for taxable years beginning representatives, agents and employees, approved September 20, 1941, and to after December 31, 1939, and before directly or through any corporate or make certain other changes, such regu­ January 1, 1941 (section 15 added by other device, in connection with the lations are amended as follows: section 201 of the Revenue Act*of 1940). For optional tax in the case of taxpayers offering for sale, sale and distribution in P aragraph 1. There is inserted immedi­ with gross income from certain sources commerce, as “ commerce” is defined in ately preceding § 19.4-1 the following: the Federal Trade Commission Act, of of $3,000 or less, see section 400. their perfumes and kindred products, Sec. 102. Optional tax o n individuals w it h CERTAIN GROSS INCOME OF $3,000 OR LESS. P ar. 5. There is inserted immediately do forthwith cease and desist from: (Revenue Act of 1941, Title I.) preceding § 19.12-1 the following: (1) Using the terms “Paris” , * * * * * Sec. 101. Surtax o n individuals. (Reve­ nue Act of 1941, Title I.) “France”, “Made in France” or “Im­ (c) Amendment to section 4. Section 4 of ported” to designate or describe prod­ the Internal Revenue Code is amended by Section 12 (b) of the Internal Revenue ucts which are made or compounded in inserting at the end thereof the following: Code is amended to read as follows: the United States, or otherwise repre­ (k) Shareholders of Personal Service Cor­ (b ) Rates of surtax. There shall be levied, senting that such products are manufac­ porations—Supplement S. collected, and paid for each taxable year upon (l) Individuals with gross income from cer­ the surtax net* income of every individual tured in or imported from France or any tain sources of $3,000 or less— Supplement T. the surtax shown in the following table: other foreign country: Provided, how­ ever, That the country of origin of the If the surtax net income is: The surtax shall be: various ingredients of such products may Not over $2,000______1______6% of the surtax net income. be stated when immediately accompa­ Over $2,000 but not over $4,000______$120, plus 9 % of excess over $2,000. nied by a statement that such products Over $4,000 but not over $6,000______$300, plus 13% of excess over $4,000. are made or compounded in the United Over $6,000 but not over $8,000______$560, plus 17% of excess over $6,000. Over $8,000 but not over $10,000______$900, plus 21% of excess over $8,000. States; Over $10,000 but not over $12,000______$1,320, plus 25% of excess over $10,000. (2) Using any French or other foreign Over $12,000 but not over $14,000______$1,820, plus 29% of excess over $12,000. words or terms to designate or describe Over $14,000 but not over $16,000______$2,400, plus 32% of excess over $14,000. products made or compounded in the Over $16,000 but not over $18,000______$3,040, plus 35% of excess over $16,000. United States, unless there appear in Over $18,000 but not over $20,000______$3,740, plus 38% of excess over $18,000. connection and conjunction therewith Over $20,000 but not over $22,000______$4,500, plus 41% of excess over $20,000. other words in English clearly stating Over $22,000 but not over $26,000______$5,320, plus 44% of excess over $22,000. that such products are made or com­ Over $26,000 but not over $32,000______$7,080, plus 47% of excess over $26,000. Over $32,000 but not over $38,000______$9,900, plus 50% of excess over $32,000. pounded in the United States; Over $38,000 but not over $44,000______$12,900, plus 53% of excess over $38,000. (3) Using the words “ 11 Rue des Over $44,000 but not over $50,000______$16,080, plus 55% of excess over $44,000. Champs, Asnieres, pres Paris, France” Over $50,000 but not over $60,000______$19,380, plus 57% of excess over $50,000. or “ U. S. Sales Division” in connection Over $60,000 but not over $70,000______$25,080, plus 59% of excess over $60,000. with respondents’ trade name, or other­ Over $70,000 but not over $80,000______$30,980, plus 61 % of excess over $70,000. wise representing that respondents have Over $80,000 but not over $90,000______$37,080, plus 63% of excess over $80,000. a place of business in France or in any Over $90,000 but not over $100,000______$43,380, plus 64% of excess over $90,000. $49,780, plus 65% of excess over $100,000. country other than the United States; Over $100,000 but not over $150,000______Over $150,000 but not over $200,000______$82,280, plus 66% of excess over $150,000. (4) Representing in any manner what­ Over $200,000 but not over $250,000______$115,280, plus 67% of excess over $200,000. soever that products which are made or Over $250,000 but not over $300,000______$148,780, plus 69% of excess over $250,000. compounded in the United States are

14 F.R. 188 »5 F.R. 848, 437, 569. *5 Fit. 8838. FEDERAL REGISTER, Tuesday, October 14, 1941 5203

If the surtax net income is: The surtax shall he: (B) By striking out “$38,565.89” in the Over $300,000 but not over $400,000______$183,280, plus 71% of excess over $300,000. last paragraph and inserting in lieu Over $400,000 but not over $500,000______$254,280, plus 72 % of excess over $400,000. thereof “$38,461.54 ($38,565.89 for tax­ Over $500,000 but not over $750,000______$326,280, plus 73% of excess over $500,000. able years beginning before January 1, Over $750,000 but not over $1,000,000______$508,780, plus 74% of excess over $750,000. 1941) Over $1,000,000 but not over $2,000,000______$693,780, plus 75% of excess over $1,000,000. Over $2,000,000 but not over $5,000,000______$1,443,780, plus 76% of excess over $2,000,000. (C ) By striking out the last sentence Over $5,000,000______$3,723,780, plus 77% of excess over $5,000,000. in the last paragraph and inserting in lieu thereof the following: Sec. 102. Optio nal tax op individuals w it h T able in. Taxable years beginning after qEBTAIN GROSS INCOME OP $3,000 OR LESS December 31,1941— Continued For the defense tax imposed for tax­ (Revenue Act of 1941, Title I.) able years beginning after December 31, * * * * * 1939, and before January 1, 1941, see Total (b) Cross-references. Surtax net income Percent surtax § 19.15-1. * * * * * P ar. 11. Section 19.13-6, as amended (2) Section 12 of the Internal Revenue $44,000 to $50,000...... 55 19.380 by T reasury Decision 5038, is further Code is amended by inserting at the end $50,000 to $60,000...... 57 25.080 thereof the following: $60,000 to $70,000...... 59 30,980 amended as follows: $70,000 to $80,000...... 61 37.080 (g) For alternative tax if gross income $80,000 to $90,000...... 63 43.380 (A) By striking out “22%o percent” in $90,000 to $100,000...... 64 from certain sources is $3,000 or less, see 49,780 the first paragraph and inserting in lieu section 400. $100,000 to $150,000...... 65 82,280 $150,000 to $200,000...... 66 115,280 thereof “ 24 percent (22%o percent for any * * * • • $200,000 to $250,000...... 67 148.780 $250,000 to $300,000...... 69 183.280 such taxable year beginning before Janu­ Sec. 118. T axable tears to w h ic h amend­ $300,000 to $400,000...... 71 254.280 ary 1,1941)”. ments applicable. (Revenue Act of 1941, $400,000 to $500,000...... 72 326.280 Title I.) $500,000 to $750,000...... 73 508.780 (B) By striking out “ $38,565.89” in the The amendments made by this title (ex­ $750,000 to $1,000,000...... 74 693.780 first paragraph and inserting in lieu cept sections 107, 115, 116, and 117) shall be $1,000,000 to $2,000,000______75 1,443, 780 $2,000,000 to $5,000,000...... 76 3,723,780 thereof “ $38,461.54 ($38,565.89 for any applicable only with respect to taxable years $5,000,000 up...... 77 beginning after December 31, 1940. such taxable year beginning before Jan­ uary 1,1941)”. Par. 6. Section 19.12-1, as amended by Treasury Decision 5011, is further (D ) By striking out the second sen­ (C ) By striking out the example and amended by striking out the last sen­ tence of the last paragraph and inserting inserting in lieu thereof the following: in lieu thereof the following: tence and inserting in lieu thereof the Example. The A Corporation, a do­ following: Accordingly, the surtax due for taxable mestic corporation, which is not a bank Por the defense tax imposed for tax­ years beginning after December 31, 1940, affiliate referred to in section 26 (d ), has able years beginning after December 31, upon a surtax net income of $63,128 for the calendar year 1941 a net income 1939, and before January 1,1941, see sec­ would be $26,925.52, computed as follows: of $110,000, including interest on United tion 19.15-1. Surtax on $60,000 from table____ $25,080.00 States obligations (allowable as a credit Par. 7. Section 19.12-2, as amended by Surtax on $3,128 at 59 percent____ 1,845.52 under section 26 (a)) in the amount of $10,000 and dividends received (of a class Treasury Decision 5011, is further Total______26,925.52 amended as follows: allowable as a credit under section 26 P ar. 8. There is inserted immediately (b )) in the amount of $10,000. The cor­ (A) By striking out the first sentence preceding § 19.13-1 the following: poration’s tax under section 13 for the and inserting in lieu thereof the fol­ calendar year 1941 is $21,960, computed lowing: Sec. 103. Corporation defense tax rates incorporated in rate schedules. (Revenue as follows: The following tables show the surtax Act of 1941, Title I.) , (a) Tax on Corporations in General. Sec­ Net income______$110, 000.00 (1) for taxable years beginning after tion 13 (b ) (1) and (2) of the Internal Reve­ Less credit for interest on United December 31, 1938, and before January nue Code are amended to read as follows: States obligations______10,000.00 1, 1940, (2) for taxable years beginning “ (1) General rule. A tax of 24 per centum of the normal-tax net income; or Adjusted net income______100,000.00 after December 31,1939, and before Jan­ "(2 ) Alternative tax ( corporations with Less credit for dividends received uary 1, 1941, and (3) for taxable years normal-tax net income slightly more than (85 percent of $10,000)_____ 8, 500.00 beginning after December 31, 1940, upon $25,000). A tax of $4,250, plus 37 per centum certain specified amounts of surtax net of the amount of the normal-tax net income Normal-tax net income______91, 500.00 in excess of $25,000.” income. * * # * * Tax under section 13 (b ) (1) (24 (B) By striking out the heading of the Sec. 118. T axable tears to w h ic h amend­ percent of $91,500)______21,960.00 m ents applicable. (Revenue Act of 1941, second table and inserting in lieu thereof P ar. 12. Section 19.13-7, as amended by the following: Title I.) The amendments made by this title (ex­ Treasury Decision 5038, is further Table II. Taxable years beginning after cept sections 107, 115, 116, and 117) shall be amended to read as follows: December 31, 1939, and before Janu­ applicable only with respect to taxable years beginning after December 31, 1940. Alternative tax (corporations with ary 1, 1941 normal-tax net incomes slightly more P ar. 9. Section 19.13-1 is amended by (C) By inserting immediately after the striking out the parenthetical expression than $25,000); taxable years beginning second table the following: at the end of the first sentence in the first after December 31, 1939. For any tax­ T able III. Taxable years beginning after paragraph. able year beginning after December 31, 1939, section 13 (b) (2 ), as amended, December 31, 1940 P ar. 10. Section 19.13-5, as amended by Treasury Decision 5038,1 approved Feb­ provides for an alternative tax in the Total case of corporations having normal-tax Surtax net income Percent ruary 8, 1941, is further amended as fol­ surtax lows: net incomes of slightly more than $25,- 000. With respect to such a taxable year $0 to $2,000...... 6 $120 (A) By inserting immediately after the beginning before January 1, 1941, the $2,000 to $4,000...... 9 300 second sentence of the fourth paragraph $4,000 to $6,000... 13 560 alternative tax is $3,775 plus 35 percent $6,000 to $8,000... 17 900 the following: of the amount of the normal-tax net $8,000 to $10,000___ 21 1,320 $10,000 to $12,000___ 26 l| 820 For surtax on corporations generally income in excess of $25,000, such tax $12,000 to $14,000...... 29 2,400 being applicable in the case of corpora­ $14,000 to $16,000...... 32 3,040 with respect to taxable years beginning $16,000 to $18,000... 36 3,740 after December 31,1940, see section 15, as tions having normal-tax net incomes of $18,000 to $20,000...... 38 4,500 less than $38,565.89. W ith respect to $20,000 to $22,000...... 41 5,320 amended by section 104 of the Revenue $22,000 to $26,000...... 44 7,080 Act of 1941, and § 19.15-2. such a taxable year beginning after De­ $26,000 to $32,000...... 47 9,900 cember 31, 1940, the alternative tax is $32,000 to $38,000...... 60 12,900 $38,000 to $44,000...... 63 16,080 * 6 F.R. 917. $4,250 plus 37 percent of the amount of 5204 FEDERAL REGISTER, Tuesday, October 14, 1941 the normal-tax net income in excess of P ar. 14. Section 19.14-1 is amended by come minlis the credit for dividends re­ striking out the portion of the first ceived provided in section 26 (b ), com­ $25,000, such tax being applicable in puted by limiting such credit to 85 per centum the case of corporations having normal- sentence in the first paragraph following of the net income in lieu of 85 per centum tax net incomes of less than $38,461.54. “January 1, 1940.” of the adjusted net income. This provision may be illustrated by the P ar. 15. Section 19.14-2, as amended (b ) Imposition of tax. There shall be levied, collected, and paid for each taxable following example: by Treasury Decision 5038, is further year upon the corporation surtax net income Example. The A Corporation, a do­ amended as follows: of every corporation (except a corporation mestic corporation (not a bank affiliate), subject to the tax imposed by section 231 (a) (A) By inserting immediately after or Supplement Q) a surtax as follows: has for the calendar year 1941 a net in­ the third sentence of the third para­ come of $30,000, including interest on Upon corporation surtax net incomes not graph the following: in excess of $25,000, 6 per centum of the United States obligations (allowable as For surtax on corporations generally amount thereof; a credit under section 26 (a)) in the Upon corporation surtax net incomes in amount of $3,000 and dividends received with respect to taxable years beginning excess of $25,000, $1,500, plus 7 per centum after December 31, 1940, see section 15, of the excess over $25,000. of a class allowable as a credit under ***** section 26 (b) in the amount of $1,000. as amended by section 104 of the Rev­ enue Act of 1941, and section 19.15-2. Sec. 118. T axable years to w h ic h amend­ Since the alternative tax is less than the m ents applicable. (Revenue Act of 1941 tax computed under the general rule, the (B) By changing the first sentence of Title I.) correct tax is the alternative tax, that is, the fifth paragraph to read as follows: The amendments made by this title (except sections 107, 115, 116, and 117) shall be appli­ $4,675.50. The tax is computed as fol­ The following tables show the income cable only with respect to taxable years begin­ lows: ning after December 31, 1940. tax imposed by section 14, as amended, Alternative T ax (1) for any taxable year beginning after P ar. 17. Section 19.15-1, as amended Net income______$30, 000. 00 December 31, 1939, and before January by Treasury Decision 5038, is further Less interest on United States ob­ 1, 1941, and (2) for any taxable year amended by striking out “January 1, ligations ______3,000.00 beginning after December 31, 1940, from 1945” in the first sentence and inserting Adjusted net income______27,000.00 corporations coming within the terms of in lieu thereof “ January 1,1941”. Less credit for dividends received section 14 (b ), as amended, upon certain P ar. 18. There is inserted immediately (85 percent of $1,000)______850.00 specified amounts of normal-tax net after § 19.15-1 the following new section: Normal-tax net income______26,150. 00 income. §19.15-2 Surtax on corporations. (C) By changing the heading of the For taxable years beginning after De­ Amount of normal-tax net in­ come in excess of $25,000______1,150.00 table which follows the fifth paragraph cember 31, 1940, section 15, as amended to read as follows: by section 104 (a) of the Revenue Act of Tax under section 13 (b ) (2) 1941, imposes a surtax upon the corpora­ T able I. Corporation income tax un­ ($4,250 plus 37 percent of tion surtax net income of every corpora­ $1,150)...... 4,675.50 der section 14 (b ), as amended, for tax­ able years beginning after December 31, tion, except a nonresident foreign corpo­ T ax Under General R ule 1939, and before January 1,1941. ration taxable under section 231 (a) or Normal-tax net income (com- * a mutual investment company taxable puted as above)______$26,150.00 (D) By inserting immediately after under Supplement Q. The corporation the table which follows the fifth para­ surtax net income of a corporation is its Tax under section 13 (b ) (1) (24 graph the following: percent of $26,150)______6, 276.00 net income minus the credit for divi­ T able II. Corporation income tax dends received provided in section 26 (b). P ar. 13. There is inserted immediately under section 14 (b ), as amended, for Section 15, as amended by section 104 (a) preceding § 19.14-1 the following: taxable years beginning after December of the Revenue Act of 1941, provides that Sec. 103. Corporation defense tax rates 31, 1940. the credit for dividends received shall be INCORPORATED IN RATE SCHEDULES. (R even u e limited to 85 percent of a corporation’s Act of 1941, Title I.) net income, rather than to 85 percent of $ , ■, Normal-tax net income Percent Total tax its adjusted net income. The credit pro­ (b ) Tax on special classes of corporations. vided in section 26 (a) for interest re­ Section 14 (b ) of the Internal Revenue Code $0 to $5,000 ...... 15 $750 is amended to read as follows: !fÄ 000 l>n $20,000 ______17 3,300 ceived upon obligations of the United 4,250 (b ) Corporations with normal-tax net in­ «pò nnn to $25,ooo ______19 States or its instrumentalities is not al­ comes of not more than $25,000. If the nor­ lowable in computing corporation sur­ mal-tax net income of the corporation is not tax net income. more than $25,000, and if the corporation (E) By striking from the example does not come within one of the classes “ 1940” , “ $1,537.50” , “ 13 V2 percent”, “15 P ar. 19. There is inserted immediately specified in subsection (c ), (d ), or (e) of percent” , “ 675” , “ 862.50”, and “ 1,537.50” , preceding § 19.23 (c )- l the following: section, the tax shall be as follows: wherever they appear, and inserting in Sec. 202. Deduction of excess-profits tax. Upon normal-tax net incomes not in ex­ lieu thereof “ 1941”, “ $1,727.50”, “ 15 per­ (Revenue Act of 1941, Title II.) cess of $5,000, 15 per centum. cent” , “ 17 percent” , “ 750” , “ 977.50” , and (a) Amendment of section 23 (c) . Sec­ $750 upon normal-tax net incomes of tion 23 (c) of the Internal Revenue Code $5,000, and upon normal-tax net incomes in “ 1,727.50” , respectively. (relating to the deduction of taxes in com­ excess of $5,000 and not in excess of $20,000, (F) By striking out “22%0 percent” in puting net income) is amended to read as 17 per centum in addition of such excess. the last paragraph and inserting in lieu follows: $3,300 upon normal-tax net incomes of (c) Taxes Generally. $20,000, and upon normal-tax net incomes thereof “ 24 percent (22%0 percent for (1) Allowance in general. Taxes paid or in excess of $20,000, 19 per centum in ad­ taxable years beginning before January 1, accrued within the taxable year, except— dition of such excess. 1941)” . (A ) Federal income taxes; (c) Foreign corporations. Section 14 (c) P ar. 16. There is inserted immediately (B ) war-profits and excess-profits taxes of the Internal Revenue Code (relating to imposed by Title II of the Revenue Act of tax on resident foreign corporations) is preceding § 19.15-1 the following: 1917, Title III of the Revenue Act of 1918, amended by striking out “22!4o per centum” Sec. 104. Surtax o n corporations and ter­ Title III of the Revenue Act of 1921, section and inserting “24 per centum.” m in a t io n of defense tax. (Revenue Act of 216 of the National Industrial Recovery Act, * * * * * 1941, Title I.) or section 702 of the Revenue Act of 1934, or Sec. 118. T axable years to w h ic h amend­ (a) General rule. Section 15 ol the In­ by any such provisions as amended or m ents applicable. (Revenue Act of 1941, ternal Revenue Code (relating to defense tax) supplemented; Title I.) is amended to read as follows: (C) income, war-profits, and excess- The amendments made by this title (except Sec. 15. Surtax on corporations. profits taxes imposed by the authority of any section 107, 115, 116, and 117) shall be ap­ (a) Corporation surtax net income. For foreign country or possession of the United plicable only with respect to taxable years the purposes of this chapter the term "corpo­ States; but this deduction shall be allowed beginning after December 31, 1940. ration surtax net income” means the net in­ in the case of a taxpayer who does not sig- FEDERAL REGISTER, Tuesday, October 14, 1941 5205 nify in his return his desire to have to any allowed upon examination of the return whom he would be entitled to credit under extent the benefits of section 131 (relating to the extent that the excess-profits tax subparagraph (A ), the credit under such to credit for taxes of foreign countries and subparagraph shall be disallowed with re­ possessions of the United States); Is not actually paid after such taxable spect to one of such dependents. (D) estate, inheritance, legacy, succession, year. Sec. 118. T axable years to w h ic h amend­ and gift taxes; and (b) The excess-profits tax, for the m ents applicable. (Revenue Act of 1941, (E) taxes assessed against local benefits of Title I.) a kind tending to increase the value of the purposes of this deduction, shall be com­ The amendments made by this title (ex­ property assessed; but this paragraph shall puted without reduction by reason of the cept sections 107, 115, 116, and 117) shall not exclude the allowance as a deduction of credit for income, war-profits or excess- be applicable only with respect to taxable so much of such taxes as is properly allo­ profits taxes paid to any foreign coun­ years beginning after December 31, 1940. cable to maintenance or interest charges. try or possession of the United States. P ar. 25. Section 19.25-3, as amended (2) Excess-profits tax under chapter 2E— (c) For the purposes of this deduction, Special rules.— For the purposes of this sub­ by Treasury Decision 5011, is further section, in the case of the excess-profits the excess-profits tax shall not be in­ amended to read as follows: tax imposed by Subchapter E of Chapter 2— creased or decreased on account of any Amount of personal exemption allow­ (A) The deduction shall be limited to the adjustment made under section 734, re­ able. A single person or a married per­ tax imposed for the taxable year, but any lating to adjustments in case of incon­ son not living with husband or wife is en­ portion of such tax paid after the taxable sistent position. year shall be considered as having been paid titled to a personal exemption of $750 (d) The deduction allowable to a tax­ within the taxable year; ($800 for a taxable year beginning after payer which is a member of an affiliated (B) No reduction in such tax shall be December 31, 1939, and before January made by reason of the credit for income, group filing a consolidated excess-profits 1,1941, and $1,000 for a taxable year be­ war-profits, or excess-profits taxes paid to tax return is an amount which bears the any foreign country or possession of the ginning before January 1,1940), and the same ratio to the excess-profits tax of United States; head of a family or a married person liv­ the group as the normal-tax net income (C) Such tax shall be computed without ing with husband or wife, to $1,500 regard to the adjustments provided in section of the taxpayer, computed without a de­ ($2,000 for a taxable year beginning after 734; and duction for excess-profits tax, bears to (D) Such tax, in the case of a consolidated December 31, 1939, and before January the sum of the normal-tax net incomes return under section 730, shall be allocated 1, 1941, and $2,500 for a taxable year of the several members of the group, to the members of the affiliated group under beginning before January 1, 1940). A regulations prescribed by the Commissioner, computed without a deduction for excess- husband and wife living together have with the approval of the Secretary. profits tax. * * * * * but one personal exemption, which is Sec. 205. T axable years to w h ic h amend­ P ar. 22. Section 19.23 (e )-l is amended $1,500 ($2j000 for a taxable year begin­ ments applicable. (Revenue Act of 1941, by changing the last paragraph to read ning after December 31, 1939, and before Title II.) as follows: January 1, 1941, and $2,500 for a taxable The amendments made by this title shall year beginning before January 1, 1940). be applicable only with respect to taxable Losses from the sale or other disposi­ years beginning after December 31, 1940. tion of Treasury bills issued after June If they make separate returns, each may claim one-half of the personal exemp­ Par. 20. Section 19.23 ( c ) - l is amended 17, 1930, and before March 1, 1941, are not deductible. tion, or such exemption may, in accord­ by striking out the second sentence and ance with an agreement entered into by inserting in lieu thereof the following: P ar. 23. Section 19.23 (o )- l, as amended by Treasury Decision 5057,1 ap­ them, be taken by either or divided be­ Estate, inheritance, legacy, succession, proved July 2, 1941, is further amended tween them in any proportion. If, how­ and gift taxes and Federal income taxes by striking “January 1, 1939” from the ever, one spouse elects to make a return are not deductible from gross income. first paragraph and inserting in lieu under Supplement T, the personal ex­ The Federal war-profits and excess- thereof “January 1, 1938”. emption of the other spouse shall be $750. P ar. 26. Section 19.25-6 is amended by profits taxes imposed by Title I I of the P ar. 24. There is inserted immediately Revenue Act of 1917, Title III of the preceding § 19.25-1 the following: inserting at the end thereof a new para­ Revenue Act of 1918, Title in of the Rev­ graph to read as follows: Sec. H I. P ersonal exem ption. (Revenue enue Act of 1921, section 216 of the Na­ Act of 1941, Title I.) If, for any taxable year beginning tional Industrial Recovery Act, and sec­ (a ) Section 25 (b ) (1) of the Internal after December 31, 1940, a taxpayer oc­ Revenue Code is amended to read as follows: tion 702 of the Revenue Act of 1934 are cupies the status of the head of a family not deductible from gross income. The (1) Personal exemption. In the case of a solely by reason of the existence of one excess-profits tax imposed by Subchap­ single person or a married person not living with husband or wife, a personal exemption or more dependents for whom he would ter E of Chapter 2 is deductible only for of $750; or in the case of the head of a family be entitled to credit under section 25 taxable years beginning after December or a married person living with husband or (b) (2) (A) were it not for section 25 31, 1940, and its deductibility for such wife, a personal exemption of $1,500. A hus­ band and wife living together shall receive (b) (2) (B) the credit in respect of one years is subject to the rules set forth in but one personal exemption. The amount of of such dependents is disallowed. For § 19.23 (c )-4. such personal exemption shall be $1,500. If example, a widower who occupies the such husband and wife make separate re­ status of the head of a family solely by P ar. 21. There is inserted immediately turns, the personal exemption may be taken after § 19.23 (c)-3 the following: by either or divided between them, except reason of the fact that he is maintaining that if one spouse makes a return under a home for two dependent children un­ § 19.23 (c)-4 Excess-profits tax under Supplement T, the personal exemption of the der 18 years of age is entitled to the Subchapter E of Chapter 2 of the Inr other spouse shall be $750. ***** credit of $400 allowed for one such de­ ternal Revenue Code. The deductibility pendent, and the credit for the other of the excess-profits tax imposed by Sub­ Sec. 113. Credit for dependents. (Reve­ nue Act of 1941, Title I.) dependent is disallowed. If, however, chapter E of Chapter 2 of the Internal Section 25 (b ) (2) of the Internal Revenue in addition to the two dependent chil­ Revenue Code is subject to the following Code (relating to credit for dependents) is dren under 18 years of age, the widower special rules: amended to read as follows: (2) Credit for dependents. also supports and maintains in the home a child who is over 18 years of age and (a) The deduction is limited to the (A ) Allowance in general. $400 for each excess-profits tax imposed for the tax­ person (other than husband or wife) de­ who is not mentally or physically de­ able year. A taxpayer which computes pendent upon and receiving his chief support fective, he is entitled to a credit of $400 its net income on the cash receipts and from the taxpayer if such dependent person for each of the two children under 18 is under eighteen years of age or is incapable disbursements basis may deduct its ex­ of self-support because mentally or physi­ years of age, since his support and main­ cess-profits tax for any taxable year in cally defective. tenance of the child over 18 years of its income tax return for such taxable (B ) Exception for certain heads of fami­ age is in itself sufficient to give him the lies. If the taxpayer would not occupy the status of head of a family, and therefore year, despite the fact that such tax is status of head of a family except by reason not actually paid until after such tax­ of there being one or more dependent for he does not occupy such status solely able year. The deduction in the case by reason of the existence of dependent of such a taxpayer, however, will be dis­ 16 F.R. 3274. children under 18 years of age. 5206 FEDERAL REGISTER, Tuesday, October 14, 1941

Par. 27. Section 19.25-7, as amended by on the calendar year basis, he may claim person not living with husband or wife, Treasury Decision 5011, is further a personal exemption of $750; that is, and $2,000 to the head of a family or a amended to read as follows: V2 of % of $1,500, or $687.50, plus married person living with husband or Personal exemption and credit for de­ Y12 of $750, or $62.50. However, if neither wife; and pendents where status changes. I f the elects to be taxed under Supplement T, (b) For a taxable year beginning be­ status of the taxpayer changes during the combined personal exemption of A fore January 1, 1940, $1,000 to a single the taxable year, the personal exemption and B for the period during which they person or a married person not living allowed by section 25 (b) (1) to a single were married and living together, that with husband or wife, and $2,500 to the person, a married person not living with is, 1Yi2 of $1,500, or $1,375, may by agree­ head of a family or a married person liv­ husband or wife, a head of a family, or a ment be taken either by A, or by B’s ex­ ing with husband or wife. married person living with husband or ecutor or administrator in behalf of B, wife, and the credit for dependents al­ or divided between them in any propor­ The provisions of section 25 (b) (2) lowed by section 25 (b) (2) will be ap­ tion. (B ) requiring the disallowance of the credit for one dependent where the tax­ portioned according to the number of Example (3). A and B were married months during which the taxpayer oc­ payer’s status as the head of a family re­ and living together until June 30, 1941, sults solely from the existence of one or cupied each status. A taxpayer not hav­ when A, the husband, died. Prior to the ing the status of a head of a family or more of such dependents are applicable date of death, A was the chief support only for taxable years beginning after the status of a married person living with of a child 10 years of age. B, the sur­ husband or wife shall be considered as December 31, 1940. Accordingly, in the viving spouse, supported and maintained application of the preceding examples to having the status of a single person. For the child in her household during the re­ the purpose of the apportionment of the taxable years beginning prior to January mainder of the year. The executor or 1, 1941, the disallowance in such cases personal exemption and credit for de­ administrator in making a return for A pendents a fractional part of a month of the credit for one dependent should (not under Supplement T ) is entitled, in be disregarded. shall be disregarded unless it amounts addition to a personal exemption, to a to more than half a month, in which case credit for dependents in the amount of P ar. 28. Section 19.26-2 is amended by it shall be considered as a month. In $200; that is, Y12 of $400. However, changing the example to read as follows: the event one spouse elects to be taxed since B qualifies as head of a family for under Supplement T, the other spouse, Example. For 1939 the X Corporation, the last six months solely by reason of not so electing, will be allowed for that which makes its income tax returns on the fact that she maintained a home for portion of the taxable year during which the calendar year basis, has a net income such dependent child, the credit for such there existed the status of a married per­ of $50,000, included in which is $10,000 dependent is disallowed. son living with husband or wife one- of interest on United States obligations half of the personal exemption allowed' ^ Example (4). A, a widower having two allowed as a credit under section 26 (a ). a married person for such portion of "the dependent children under 18 years of For 1938 its gross income was $25,000 taxable year. In general, the personal age, married B on July 1, 1941. For the and its allowable deductions were $50,000. exemption and credit for dependents al­ calendar year 1941, they file separate re­ Included in such deductions was $15,000 lowable to any taxpayer wil be the sum turns and B elects to be taxed under for depletion based on discovery value. of the amounts apportioned to the Supplement T. B is taxed as a single I f depletion had been computed without several periods of the taxable year during person and, since she receives the bene­ reference to discovery value or to per­ which each status was occupied. fit of a $750 exemption, she, in effect, centage depletion the amount of such de­ Example (1). A and B, who were receives the benefit of half the marital duction would have been $5,000. For heads of families during the first six exemption of $750 for the second half of 1938 the corporation had $15,000 of months of 1941, were married on July 1, the year by reason of her status on the wholly tax-exempt interest, and paid 1941, and lived together during the re­ last day of the taxable year. A, who is $10,000 in interest on indebtedness in­ mainder of the year. If a joint return taxed under sections 11 and 12, is subject curred to carry the obligations from to the provisions of section 25 (b) (3) re­ is made by A and B on the calendar year which such tax-exempt interest was de­ quiring an apportionment of the persona] basis for 1941, the personal exemption rived. The net operating loss credit will be $2,250; that is, Yz of $1,500 for A exemption and credit for dependents by reason of a change of status during the available to such corporation for 1939 is while the head of a family, plus Yz of $10,000, computed as follows: $1,500 for B while the head of a family, taxable year. A qualifies as the head of a plus Yz of $1,500 for the period during family for the first six months of the tax­ Deductions for 1938______$50,000 able year and as a married person living Less excess of depletion deduction which they were married and living to­ computed on basis of discovery gether. If separate returns are made by with husband or wife for the last six value over amount allowable for A and B on the calendar year basis for months. Accordingly, his personal ex­ depletion without reference to dis­ 1941 and neither elects to be taxed under emption is %2 of $1,500 for the first covery value or percentage deple- tion ($15,000-$5,000)______10,000 Supplement T, each may claim a personal half of the year plus %2 of $750 for exemption of $1,125; that is, Yz of $1,500, the second half, or $1,125. Inasmuch as Deductions as limited by section plus V2 of V2 of $1,500. In the latter his status as the head of a family arises 26 (c) (2) (A) ______40,000 from the fact that he maintained a home Gross income for 1938______$25, 000 case, however, the joint exemption of Yz Plus tax-exempt interest of $1,500 may by agreement be taken for two dependent children, the credit minus Interest paid either by A or B or divided between for one of such dependents for the first ($15,000-$10,000) ...... 5, 000 them in any proportion. six months of the taxable year is dis­ Gross income contemplated by sec­ Example (2). A and B were married allowed. He is, therefore, entitled to a tion 26 (c) (2) (B )...... 30,000 and living together until November 30, credit for dependents in the amount of 1941, when B, the wife, died. They had $600; that is, %2 of $400, plus %2 of $800. Excess of deductions over gross income for 1938______10,000 no dependents. The executor or admin­ I f the change of status shown by the istrator in making a return for B may preceding examples occurs in any taxa­ Net Income for 1939______50,000 claim a personal exemption of $750; that ble year beginning before January 1, Less credit under section 26 (a) for is, Yz of 1Y\z of $1,500, or $687.50, for the 1941, the apportionment of the personal interest received______10.000 period from the beginning of the taxable exemptions will be based upon an allow­ Adjusted net income for 1939______40,000 year to the date of the decedent’s death, ance of: plus Y12 of $750, or $62.50, for the period from the date of decedent’s death to the (a) For a taxable year beginning after The net operating loss credit is $10,000, close of the taxable year. If A, the sur­ December 31,1939, and before January 1, that amount not being in excess of the viving spouse, makes a return for 1941' 1941, $800 to a single person or a married adjusted net income for 1939. FEDERAL REGISTER, Tuesday, October 14, 1941 5207

P a r . 29. There is inserted immediately for such year under the method of ac­ is subject to both the normal tax and the preceding § 19.42-1 the following: counting used in computing his net in­ surtax. Sec. 114. N oninterest-bearing obligations come, the taxpayer may, at his election, (c) United States Savings Bonds, De­ issued at discount. (Revenue Act of 1941.) treat such increase as constituting in­ fense Series F, having a maturity value Section 42 of the Internal Revenue Code come for the year in which it occurs (relating to period in which items of gross of $10,000, which he purchased on Jan­ income are included) is amended by insert­ rather than in the year in which the uary 1,1944, for $7,400. The increase in ing before the first sentence thereof “ (a) obligation is disposed of, redeemed, or the redemption price of these bonds is General Rule.— ”, and by inserting at the paid at maturity. The election must be subject to both the normal tax and the end of such section a new subsection to read made in the taxpayer’s return, and may surtax. as follows: be made for any taxable year beginning (b) Noninterest-bearing obligations issued after December 31, 1940. The election The taxpayer holds no other obligations at discount.— If, in the case of a taxpayer of the type described in this section. In owning any noninterest-bearing obligation shall apply also to all other obligations issued at a discount and redeemable for of the type described in this section his return for 1945 the taxpayer elects fixed amounts increasing at stated intervals, owned by the taxpayer at the beginning to treat the increases in the redemption the increase in the redemption price of such of the first taxable year to which the prices of such bonds occurring in such obligation occurring in the taxable year does year as income to him for such year. not (under the method of accounting used election applies and to those thereafter in computing his net income) constitute in­ acquired by him. It shall apply to the Under this section he is required in such come to him in such year, such taxpayer may, taxable year for which such return is return to report with respect to such at his election made in his return for any filed, and shall be binding for all subse­ bonds $250 as subject to normal tax and taxable year beginning after December 31, 1940, treat such increase as income received quent taxable years unless upon applica­ $750 as subject to surtax, determined as in such taxable year. If any such election tion by the taxpayer the Commissioner follows: is made with respect to any such obligation, permits the taxpayer, subject to such it shall apply also to all such obligations owned by the taxpayer at the beginning of conditions as the Commissioner deems Subject to nor­ Subject to the first taxable year to which it applies and necessary, to change to a different meth­ mal tax surtax to all such obligations thereafter acquired od of reporting income from such obli­ by him and shall be binding for all subse­ gations. Although the election, once In­ In­ creases In­ In­ quent taxable years, unless upon application creases creases made, is binding upon the taxpayer, it prior prior creases by the taxpayer the Commissioner permits in 1945 in 1945 him, subject to such conditions as the Com­ does not apply to a transferee of such to 1945 to 1945 missioner deems necessary, to change to a taxpayer. different method. In the case of any such In any case in which an election is Bonds acquired Jan. obligations owned by the taxpayer at the 1, 1938...... None None $400 $100 beginning of the first taxable year to which made under this section, the amount con­ Bonds acquired Jan. his election applies, the increase in the re­ sidered to accrue in any taxable year to 1,1942...... $100 $100 100 100 Bonds acquired Jan. demption price of such obligations occurring which the election applies is measured 1,1944...... None 50 None 50 between the date of acquisition and the first day of such taxable year shall also be treated by the actual increases in the redemp­ as income received in such taxable year. tion price occurring in that year. Such Total...... $250 $750 amount shall not be considered to accrue Par. 30. Section 19.42-1 is amended by ratably between the dates on which the striking out the first three sentences (in ­ In the case of the United States sav­ redemption price changes. Thus, if two cluding the sentence in parentheses) and ings bonds acquired on January 1, 1938, dates on which the redemption price in­ inserting in lieu thereof the following: the increases of $400 and $100 in the re­ creases fall within a taxable year and if demption price are attributable to the Except as otherwise provided in sec­ the redemption price increases in the principal amount (purchase price) in tion 42, gains, profits, and income are amount of 50 cents on each such date, the excess of $5,000. to be included in the gross income for amount deemed to accrue in that year P ar. 32. There is inserted immediately the taxable year in which they are re­ would be $1. If at the beginning of the before § 19.42-1 and immediately after ceived by the taxpayer, unless they are first taxable year to which the election section 114 of the Revenue Act of 1941 included as of a different period in ac­ applies the taxpayer owns noninterest­ the following: cordance with the approved method bearing bonds of the prescribed char­ of accounting followed by him. (See acter acquired prior thereto, he is re­ Sec. 115. Short-term obligations issued o n a discount basis. (Revenue Act ol 1941.) §§ 19.41-1 to 19.41-3, inclusive.) In the quired to report in such year, in addition (a) Discount accrued at maturity. Sec­ case of the death of a taxpayer, there to the increases in the redemption price tion 42 of the Internal Revenue Code (re­ shall also be included in computing net actually falling within that year, the total lating to period in which items of gross in­ come are included) is amended by inserting income for the taxable period in which of the increases in such price occurring at the end thereof the following new sub­ he died amounts accrued up to the date between the date of his acquisition and section : of his death if not otherwise properly the beginning of such year. (c) Short-term, obligations issued on dis­ includible in respect of such period or a Example. Throughout the calendar count basis. In the case of any obligation of prior period, regardless of the fact that the United States or any of its possessions, or year 1945, a taxpayer who makes his in­ of a State or Territory, or any political sub­ the decedent may have kept his books come tax returns on the calendar year division thereof, or of the District of Colum­ and made his returns on the basis of cash basis and computes his net income on bia, issued on or, after March 1, 1941, on a receipts and disbursements. (As to in­ discount basis and payable without interest the cash receipts and disbursements basis at a fixed maturity date not exceeding one come from noninterest-bearing obliga­ holds the following United States bonds: year from the date of issue, the amount of tions issued at' discount, see § 19.42-6, and discount at which such obligation is originally (a) United States savings bonds hav­ as to income from short-term obligations sold shall not be considered to accrue until the ing a maturity value of $10,000, which date on which such obligation is paid at issued on a discount basis, see § 19.42-7.) he purchased on January 1, 1938, for maturity, sold, or otherwise disposed of. Par. 31. There is inserted immediately $7,500. The entire increase in the re­ • * * * * after § 19.42-5 the following: demption price of these bonds is exempt (c) Effective date of amendments. The from normal tax but only such part of amendments made by this section shall be § 19.42-6 Noninterest-bearing obliga­ applicable with respect to taxable years end­ the increase as is attributable to $5,000 in tions issued at discount. If a taxpayer ing after February 28, 1941. principal amount (purchase price) of Par. 33. There is inserted immediately owns any noninterest-bearing obligation such bonds is exempt from the surtax. after § 19.42-6 (added by paragraph 30 of issued at a discount and redeemable for (b) United States Defense Savings this Treasury decision) the following: fixed amounts increasing at stated in­ Bonds, Series E, having a maturity value tervals, and if the increase in redemption of $5,000, which he purchased on Jan­ § 19.42-7 Short-term obligations is­ price of such obligation occurring in the uary 1, 1942, for $3,750. The increase sued on discount basis. In the case of taxable year does not constitute income in the redemption price of these bonds any obligation of the United States or 200------2 5208 FEDERAL REGISTER, Tuesday, October 14, 1941

any of its possessions, or of a State or after December 31,1939, and before Jan­ Sec. 103. Corporation defense tax rates i n ­ Territory, or any political subdivision uary 1, 1941)” . corporated in rate schedules. (Revenue Act thereof, or of the District of Columbia, (B) By striking from the paragraph of 1941, Title I.) * * * * * issued on or after March 1, 1941, on a designated as “ (b )” the figure “$2,000” discount basis and payable without in­ (d) Surtax on corporations improperly ac­ wherever occurring and inserting in lieu cumulating surplus. The rate schedule of terest at a fixed maturity date not ex­ thereof the following: “$1,500 ($2,000 for section 102 of the Internal Revenue Code is ceeding one year from the date of issue, a taxable year beginning after Decem­ amended to read as follows: the amount of discount at which such ber 31, 1939, and before January 1, 2iy2 per centum of the amount of the un­ obligation is originally sold shall not be 1941)” . distributed section 102 net income not in considered to accrue until the date on excess of $100,000. plus which such obligation is paid at maturity, P ar. 36. Section 19.51-2, as amended 38y2 per centum of the undistributed sec­ by Treasury Decision 5011, is further tion 102 net income in excess of $100,000. sold, or otherwise disposed of. Accord­ ***** amended as follows: ingly, if a taxpayer who computes his net Sec. 118. T axable years to w h ic h am end­ income on the accrual basis purchases (A) By inserting immediately after the m ents applicable. (Revenue Act of 1941 upon issuance a United States Treasury heading the following: Title I.) The amendments made by this title (ex­ bill issued on or after March 1,1941, and For taxable years beginning after De­ cept sections 107, 115, 116, and 117) shall holds it until maturity, the entire amount be applicable only with respect to taxable cember 31, 1940, the return shall be on of the discount at which the bill was years beginning after December 31, 1940. Form 1040 except that it shall be on originally sold accrues on the date of short Form 1040A if (1) the gross income P ar. 40. Section 19.102-1, as amended maturity; and if such a taxpayer holds by Treasury Decision 5011, is further a United States Treasury bill issued on or does not exceed $3,000 and consists wholly of salary, wages, compensation amended by striking out “January 1, after March 1, 1941, for a period less for personal services, dividends, inter­ 1945” in the last sentence of the last than its life, the portion of the original paragraph, and inserting in lieu thereof discount attributable to such period ac­ est, rent, annuities, or royalties, and (2) the taxpayer elects to pay the tax im­ “January 1, 1941”. crues only on the date on which he sells P ar. 41. There is inserted immedi­ or otherwise disposes of the bill or re­ posed by section 400 in lieu of the tax imposed by sections 11 and 12. ately preceding § 19.102-1 and immedi­ ceives payment at maturity. The origi­ ately after section 118 of the Revenue nal discount or the portion of such dis­ (B ) By striking out the first two sen­ Act of 1941 the following: count, as the case may be, is includible tences of the section before its amend­ Sec. 202. Deduction of excess-profits tax. only in the gross income for the taxable ment by (A) and inserting in lieu thereof (Revenue Act of 1941, Title II.) year in which the taxpayer sells or other­ the following paragraph: ***** wise disposes of the bill or receives pay­ For taxable years beginning before (b ) Amendment of section 102 (d). Sec­ ment at maturity. For examples illus­ tion 102 (d) (1) (A ) of the Internal Revenue January 1, 1941, the return shall be on trating rules for computation of income Code (relating to the deduction of taxes in Form 1040 except that it shall be on computing section 102 net income) . is from sale or other disposition of obliga­ short Form 1040A if (1) the net income amended to read as follows: tions of the type described in this section, does not exceed $5,000, or for taxable (A ) Taxes.— Federal income, war-profits, see § 19.117-1. years beginning in 1940, if the gross in­ and excess-profits taxes (other than the tax imposed by Subchapter E of Chapter 2 for P ar. 34. There is inserted immediately come does not exceed $5,000, and is de­ preceding § 19.51-1 the follow ing: a taxable year beginning after December 31, rived from interest, dividends, annuities, 1940) paid or accrued during the taxable Sec. 112. R eturns op incom e tax. (Reve­ income from fiduciaries, and salaries, year, to the extent not allowed as a deduc­ nue Act of 1941, Title I.) tion by section 23, but not including the (a) Individual returns. Section 51 (a) of wages, commissions, bonuses, and other tax imposed by this section or a correspond­ the Internal Revenue Code is amended to compensation for personal services, and ing section of a prior income-tax law. read as follows: (2) the taxpayer does not own a business * ♦ * * * (a) Requirement. The following individu­ or practice a profession on his own ac­ Sec. 205. T axable years to w h ic h amend­ als shall each make under oath a return stat­ count and renders a return on the cash m ents applicable. (Revenue Act of 1941, Title II.) ing specifically the items of his gross income receipts and disbursements basis for the and the deductions and credits allowed under The amendments made by this title shall this chapter and such other information for calendar year. The return shall be made be applicable only with respect to taxable the purpose of carrying out the provisions of on Form 1040 in all cases in which the years beginning after December 31, 1940. this chapter as the Commissioner with the taxpayer claims any deductions for losses P ar. 42. Section 19.102-4 is amended approval of the Secretary may by regulations prescribe— from the renting of, or •sale or exchange by inserting immediately after the word “ taxes” in (a) of the second sentence of (1) Every individual who is single or who of, property. is married but not living with husband or the first paragraph the following: P ar. 37. Section 19.51-3, as amended wife, if having a gross income for the taxable (other than the tax imposed by Sub­ year of $750 or over. by Treasury Decision 5011, is further (2) Every individual who is married and amended by striking out the figure chapter E of Chapter 2 of the Internal living with husband or wife, if no joint re­ Revenue Code for a taxable year begin­ “$800” wherever occurring and inserting turn is made under subsection (b) and if— ning after December 31, 1940). (A ) Such individual has for the taxable in lieu thereof the following: “$750 year a gross income of $1,500 or over, and ($800 for a taxable year beginning after P ar. 43. There is inserted immediately the other spouse has no gross income; or preceding § 19.104-1 the following: (B) Such individual and his spouse each December 31, 1939, and before January has for the taxable year a gross income and 1, 1941)”. Sec. 104. Surtax o n corporations and ter­ the aggregate gross income is $1,500 or over. m in a t io n of defense tax. (Revenue Act of P ar. 38. There is inserted immediately * * * • 1941, Title I.) Sec. 118. T axable years to w h ic h amend­ preceding § 19.55 (b )-l the following: ***** m ents applicable. (Revenue Act of 1941, Sec. 554. T ransportation of persons, etc. (c) Surtax on hanks. Section 104 (b) of Title I.) (Revenue Act of 1941, Title V, Part V.) the Internal Revenue Code (relating to cer­ The amendments made by this title (ex­ ***** tain banks and trust companies) is amended cept sections 107, 115, 116, and 117) shall to read as follows: be applicable only with respect to taxable (d) Technical amendments. (1) Section years beginning after December 31, 1940. 55 (a) (2) of the Internal Revenue Code is (b) Rate of tax. Banks shall be subject amended by striking out “subchapters A to tax under section 13 or section 14 (b ), and P ar. 35. Section 19.51-1, as amended and B of’’. under section 15. by Treasury Decision 5057, is further * * * * * ***** Sec. 558. Effective date of part v. (Rev­ Sec. 118. T axable years to w h ic h amend­ amended as follows: enue Act of 1941. Title V. Part V.) m ents applicable. (Revenue Act of 1941, (A) By striking from the paragraph This part shall take effect on October 1, Titie I.) . 1941. The amendments made by this title (ex­ designated as “ (b) ” the figure “ $800” and cept sections 107, 115, 116, and 117) shall be inserting in lieu thereof the following: P ar. 39. There is inserted immediately applicable only with respect to taxable years “$750 ($800 for a taxable year beginning preceding § 19.102-1 the following: beginning after December 31, 1940. FEDERAL REGISTER, Tuesday, October 14, 1941 5209

P ar. 44. Section 19.104-1, as amended exceed the face amount of the bill. ity of law in possession of part only of the by Treasury Decision 5011, is further Since the obligations of the type de­ property of an individual) shall make under oath a return for any of the following indi­ amended by striking out the last sentence scribed in this section are excluded from viduals, estates, or trusts for which he acts, of the second paragraph, and inserting the term “ capital assets” , gains or losses stating specifically the items of gross income in lieu thereof the following: from the sale or exchange of such obli­ thereof and the deductions and credits allowed under this chapter and such other For a taxable year beginning after De­ gations are not subject to the percentage information for the purpose of carrying out provisions of section 117 (b) and losses cember 31, 1939, and before January 1, the provisions of this chapter as the Commis­ from such transactions are not subject sioner with the approval of the Secretary 1941, the tax is increased by the amount to the limitation on losses provided in may by regulations prescribe— of the defense tax. For a taxable year (1) Every individual having a gross income beginning after December 31, 1940, such section 117 (d). It is, therefore, not for the taxable year of $750 or over, if single, a bank is subject to the surtax imposed necessary for a taxpayer, other than a or if married and not living with husband or life insurance company subject to taxa­ wife; by section 15, as amended by section 104 (2) Every Individual having a gross in­ of the Revenue Act of 1941. tion only on interest, dividends, and come for the taxable year of $1,500 or over, if rents, to segregate the original discount married and living with husband or wife; P ar. 45. Section 19.112 ( i ) - l is accrued (see § 19.42-7) and the gain or (8) Every estate the gross income of which amended by striking out the last sentence loss realized upon the sale or other dis­ for the taxable year is $750 or over; in the first paragraph and inserting in (4) Every trust the net income of which position of any such obligation. for the taxable year is $100 or over, or the lieu thereof the following: Example ( 1). A (not a life insurance gross income of which for the taxable year is company) buys a $100,000 ninety-day $750 or over, regardless of the amount of the The term “Federal income taxes” in­ net income; and cludes (1) the excess profits tax on the Treasury bill upon issuance for $99,998. (5) Every estate or trust of which any net income of a corporation referred to As of the close of the 45th day of the life beneficiary is a nonresident alien. ***** in section 106 of the Revenue Act of 1935, of such bill, he sells it to B (not a life section 402 of the Revenue Act of 1936, insurance company) for $99,999.50. The Sec. 118. T axable tears to w h ic h amend­ entire net gain to A of $1.50 may be taken m e n ts applicable. (Revenue Act of 1941, and section 602 of the Revenue Act of Title I.) The amendments made by this 1938, (2) the declared value excess-prof­ Into account as a single item of income, title (except sections 107, 115, 116, and 117) its tax referred to in section 600 of the without allocating $1 to interest and shall be applicable only with respect to tax­ able years beginning after December 31, 1940. Internal Revenue Code, and (3) the ex­ $0.50 to gain. If B holds the bill until cess profits tax imposed by Subchapter maturity his net gain of $0.50 may simi­ P ar. 51. Section 19.142-1, as amended E of Chapter 2 of the Internal Revenue larly be taken into account as a single by Treasury Decision 5011, is further Code. item of income, without allocating $1 amended as follows: to interest and $0.50 to loss. P ar. 46. Section 19.115-5 is amended Example (2 ). The facts in this ex­ (A) By striking from the paragraphs by striking “ 1936” wherever appearing in ample are the same as in example (1) designated as “ (c)” and "(d )” the figure the example in subsection (b) and in­ except that the selling price to B is $99,- “$800” wherever occurring and inserting serting “ 1937” in lieu thereof. 998.50. The net gain to A of $0.50 may be in lieu thereof the following: “$750 ($800 P ar. 47. There is inserted immediately taken into account without allocating $1 for a taxable year beginning after De­ preceding § 19.117-1 the following: to interest and $0.50 to loss, and, simi­ cember 31, 1939, and before January 1, 1941)” . Sec. 115. Short-term obligations issued larly, if B holds the bill until maturity his on a discount basis. (Revenue Act of 1941.) entire net gain of $1.50 may be taken (B) By striking from the paragraph * * * * * into account as a single item of income, designated as “ (c)” the figure “$2,000” (b) Capital gain rule not applicable. Sec­ without allocating $1 to interest and wherever occurring and inserting in lieu tion 117 (a) (1) of the Internal Revenue thereof the following: “$1,500 ($2,000 for Code (relating to definition of capital assets) $0.50 to gain. is amended by striking out the semicolon at P ar. 49. Section 19.122-4, as amended a taxable year beginning after Decem- the end thereof and inserting in lieu thereof by Treasury Decision 5057, is further cember 31, 1939, and before January 1, the following: “, or an obligation of the 1941)” . United States or any of its possessions, or of a amended as follows: State or Territory, or any political subdivi­ (A) By striking out the fifth para­ P ar. 52. Section 19.142-5, as amended sion thereof, or of the District of Columbia, by Treasury Decision 5011, is further issued on or after March 1, 1941, on a dis­ graph in the second example in subsec­ count basis and payable without interest at tion (b), and inserting in lieu thereof amended as follows: a fixed maturity date not exceeding one year the following: (A ) By striking out the second and from the date of issue;”. (c) Effective date of amendments. The For 1941 the net income of H is deemed third sentences of subsection (b) and amendments made by this section shall be to be $2,000, i. e., $1,000, the portion of inserting in lieu thereof the following: applicable with respect to taxable years end­ ing after February 28, 1941. the combined net income for 1941 at­ A citizen or resident fiduciary having tributable to H, plus $1,000, the excess of the distribution of the income of an P ar. 48. Section 19.117-1 is amended the portion of the combined net income estate or trust shall make a return on by inserting after the second paragraph for 1941 attributable to W ($3,000) over Form 1040NB-a if a beneficiary, other thereof the following paragraph: the net operating loss carry-over of W than a resident of Canada with respect to Obligations of the United States or any to 1941 ($2,000). See paragraph (3) (ii) income received prior to April 30, 1941, of its possessions, or of a State or Terri­ (A) and (B). has gross income for the taxable year tory, or any politicial subdivision thereof, (B) By striking out the second of more than $23,000 ($21,6,00 for a tax­ or of the District of Columbia, issued on “ ($1,000)” in the next to the last para­ able year beginning before January 1, or after March 1, 1941, on a discount graph of the second example in sub­ 1940, and $24,000 for a taxable year be­ basis and payable without interest at a section (b), and inserting in lieu there­ ginning after December 31, 1939, and fixed maturity date not exceeding one for “ ($2,000)” . before January 1,1941) from the sources year from the date of issue, are excluded specified in section 211 (a ), regardless of from the term “ capital assets” . An obli­ P ar. 50. There is inserted immediately the amount of tax withheld at the source. gation may be issued on a discount basis preceding § 19.142-1 the following: I f the gross income from such sources is even though the price paid exceeds the Sec. 112. R eturns of incom e tax. (Rev­ $23,000 or less ($21,600 or less for a tax­ face amount. Thus, although the Sec­ enue Act of 1941, Title I.) able year beginning before January 1, ***** ond Liberty Bond Act provides that 1940, and $24,000 or less for a taxable year (b ) Fiduciary returns. Section 142 (a) United States Treasury bills shall be of the Internal Revenue Code is amended to beginning after December 31, 1939, and issued on a discount basis, the issuing read as follows: before January 1, 1941), the return (if a price paid for a particular bill may, by (a) Requirement of Return. Every fidu­ return is required to be filed) for the reason of competitive bidding, actually ciary (except a receiver appointed by author­ beneficiary shall be on Form 1040NB. 5210 FEDERAL REGISTER, Tuesday, October 14, 1941

(B) By striking out the next to the subsequent calendar year, need not be re­ striking out “ $800” in the first paragraph last sentence of subsection (b) and in­ ported in returns of information on Form and inserting in lieu thereof “$750.” serting in lieu thereof the following: 1099: P ar. 60. Section 19.201 (b )-l, as The fiduciary shall make a return on (B) By changing that part designated amended by Treasury Decision 5011, is Form 1042 of the tax at 27% percent as “ (e)” to read as follows: further amended as follows: (16% percent for a taxable year be­ (e) Payments of rent made to real (A) By striking out “January 1, 1945” ginning after December 31, 1939, and estate agents (but the agent must report in the last sentence in subsection (c ), and before January 1, 1941, and 10 percent payments to the landlord if the amount inserting in lieu thereof “January 1 for a taxable year beginning prior to paid during the calendar year 1939 was 1941”. January 1, 1940) on the entire amount $1,000 or more, or during the calendar (B ) By inserting after the last sen­ of the income payable to the beneficiary, year 1940 was $800 or more, or during a tence in subsection (c) the following: except that in the case of a beneficiary, subsequent calendar year was $750 or resident of Canada, the rate shall be For the surtax on corporations, includ­ m ore); 5 percent with respect to income received ing life insurance companies, imposed prior to April 30, 1941. (C) By changing that part designated for taxable years beginning after Decem­ a$ “ (h )” to read as follows: ber 31, 1940, see § 19.15-2. P ar. 53. There is inserted immediately preceding § 19.147-1 the following: (h) Payments of salaries, or other P ar. 61. Section 19.204 (a )- l, as compensation for personal services aggre­ amended by Treasury Decision 5011, is Sec. 112. R eturns of incom e tax. (Rev­ enue Act of 1941, Title I.) gating less than $2,500 for the calendar further amended as follows: year 1939, or less than $2,000 for the * * * * * (A) By striking out “January 1, 1945” calendar year 1940, or less than $1,500 for (c) Information returns. Section 147 (a) in the last sentence in subsection (c ), and of the Internal Revenue Code (relating to subsequent calendar years, made to a inserting in lieu thereof “January l, information at the source) is amended by married individual (citizen or resident); striking out “$800” wherever occurring 1941” . therein and inserting in lieu thereof "$750”. P ar. 57. Section 19.147-7, as amended (B) By inserting after the last sen­ Sec. 118. T axable years to w h ic h amend­ by Treasury Decision 5011, is further tence in subsection (c) the following: m ents applicable. (Revenue Act of 1941, Title I.) The amendments made by this amended by striking from the first sen­ For the surtax on corporations, includ­ title (except sections 107, 115, 116, and 117) tence thereof “ within a subsequent year” ing insurance companies other than life shall be applicable only with respect to tax­ and by inserting in that sentence im­ able years beginning after December 31, 1940. or mutual, imposed for taxable years be­ mediately after “$800 or more” the fol­ ginning after December 31, 1940, see Par. 54. Section 19.147-1, as amended lowing: “within 1940, or $750 or more § 19.15-2. by Treasury Decision 5011, is further within a subsequent year” . amended as follows: P ar. 58. Section 19.148-1 is amended as P ar. 62. Section 19.207-1, as amended by Treasury Decision 5011, is further (A) By changing the heading of the follows: amended as follows: section to read as follows: “ Return of (A ) By striking out “ (1) out of its information as to payments of $1,000 for earnings or profits accumulated after (A) By striking out “January 1, 1945” 1939, $800 for 1940, and $750 for years February 28, 1913, or (2) out of earnings in the last sentence in subsection (c), thereafter.” or profits of the taxable year (computed and inserting in lieu thereof “January 1, 1941” . (B) By changing the first sentence to as of the close of the taxable year with­ (B ) By inserting after the last sen­ read as follows: out diminution by reason of any dis­ tributions made during the taxable year) tence in subsection (c) the following: All persons making payment to another without regard to the amount of the person of fixed or determinable income For the surtax on corporations, includ­ earnings and profits at the time the ing mutual insurance companies, im­ of $1,000 or more in the calendar year distribution was made,” in the first sen­ posed for taxable years beginning after 1939, or of $800 or more in the calendar tence of subsection (a ). December 31, 1940, see § 19.15-2. year 1940, or of $750 or more in any (B ) By changing subsection (b) to subsequent year, must render a return P ar. 63. There is inserted immediately read as follows: thereof to the Commissioner for such preceding § 19.211-1. the following: year on or before February 15 of the fol­ (b) In the case of a distribution which Sec. 105. T ax on nonresident alien indi­ lowing year, except as specified in is made from a depletion or depreciation viduals. (Revenue Act of 1941, Title I.) §§ 19.147-3 to 19.147-5, inclusive. reserve, or which for any other reason is (a) Tax in general. Section 211 (a) (1) deemed by the corporation to be non- (A ) of the Internal Revenue Code (relating P ar. 55. Section 19.147-2, as amended to tax on nonresident alien individuals not taxable or partly nontaxable to its by Treasury Decision 5011, is further engaged in trade or business within the shareholders, the corporation will fill in United States and not having an office or amended by changing the first sentence the information on both sides of Form place of business therein) is amended by thereof to read as follows: 1096 and forward this form, together striking out “15 per centum” and inserting in lieu thereof “27% per centum”. The names of all employees to whom with Forms 1099, to the Commissioner of (b ) Aggregate receipts more than $23,000. payments of $1,000 or over a year are Internal Revenue, Returns Distribution Section 211 (a) (2) of the Internal Revenue made during the calendar year 1939, or Section, Washington, D. C., not later Code is amended to read as follows: of $800 or over during the calendar year than February 1 of the following year. (2) Aggregate more than $23,000. The tax 1940, or of $750 or over during a subse­ Upon receipt of this information the imposed by paragraph (1) shall not apply to quent calendar year, whether such total Commissioner will advise the corpora­ any individual if the aggregate amount re­ reived during the taxable year from the sum is made up of wages, salaries, com­ tion by letter as to any apparent errors sources therein specified is more than $23,000. missions, or compensation in any other made by the corporation in computing (c) Tax where gross income of more than form, must be reported. the nontaxable portion of the distribu­ $23,000. Section 211 (c) of the Internal tion in order that the corporation may, Revenue Code (relating to tax on certain non­ P ar. 56. Section 19.147-3, as amended if time permits, furnish such advice to resident alien individuals) is amended by by Treasury Decision 5011, is further its shareholders before the shareholders striking out “$24,000” wherever occurring amended as follows: therein and inserting in lieu thereof file their income tax returns for the year “$23,000”; and by striking out “15 ^ per (A ) By changing the first sentence to in which the distribution was made. centum” and inserting in lieu thereof “27% read as follows: per centum”. P ar. 59. Section 19.148-3, as amended Sec. 108. T r e a ty obligations. (Revenue Payments of the following character, by Treasury Decision 5015,1 approved Act of 1941, Title I.) No amendment made by this title shall although over $1,000 during the calendar October 22, 1940, is further amended by apply to any case where its application would year 1939, or over $800 during the cal­ be contrary to any treaty obligation of the endar year 1940, or over $750 during a *5 F.R. 4224. United States. FEDERAL REGISTER, Tuesday, October 14, 1941 5211

Sec. 109. R eduction i n pursuance op and inserting in lieu thereof the follow­ (A) By changing the heading of para­ treaties' op rates op tax and withholding ing: “ 27 Mi percent (15 percent for taxable graph (2) of subsection (a ) to read as ON NONRESIDENT ALIEN INDIVIDUALS RESIDENT IN, AND CORPORATIONS ORGANIZED UNDER LAWS years beginning after December 31, 1939, follows: of* western hem isphere countries. (Reve­ and before January 1, 1941, and 10 per­ (2) Aggregate more than $23,000 nue Act of 1941, Title I.) cent for taxable years beginning prior to ($24,000 for a taxable year beginning (a) Section * * * 211 (a) (1) (relating January 1, 1940)” . to tax on nonresident alien individuals); after December 31,1939, and before Jan­ * * * of the Internal Revenue Code are (G ) By striking out the last sentence uary 1, 1941, and $21,600 for a taxable amended by striking out “a contiguous of subsection (b) and inserting in lieu year beginning prior to January 1,1940). country” and inserting in lieu thereof “any thereof the following: “Nonresident alien country in North, Central, or South America, (B) By striking from paragraph (2) or in the West Indies, or of Newfoundland”. individuals, residents of Canada, were, (b) Section 211 (a) (3) of the Internal with respect to income received prior to of subsection (a) “ $21,600, or more than Revenue Code is amended to read as follows: April 30,1941, subject to the terms of the $24,000 for a taxable year beginning after (3) Residents of certain countries. The tax convention between the United States December 31, 1939,” and Inserting in lieu provisions of paragraph (2) shall not apply and Canada and the special provisions of thereof the following: “ $23,000 ($24,000 to a resident of any country in North, Cen­ sùbsectioq (a) of this section. Such spe- for a taxable year beginning after De­ tral, or South America, or in the West Indies, cember 31, 1939, and before January 1, or of Newfoundland, so long as there is in claTtreatment is not applicable with re­ effect with such country a treaty which pro­ spect to income of such taxpayers re­ 1941, and $21,600 for a taxable year be­ vides otherwise. ceived on or after April 30, 1941.” ginning prior to January 1, 1940) ” . (c) Section 211 (c) (4) of the Internal (C ) By striking from subsection (b) Revenue Code is amended to read as follows: (H) By striking from the first para­ (4) This subsection shall not apply to a graph of subsection (c) “ 10 percent, or “ $1,000, or $800 for a taxable year begin­ resident of any country in North, Central, 15 percent for a taxable year beginning ning after December 31, 1939,” and in­ or South America, or in the West Indies, or serting in lieu thereof the following: of Newfoundland, so long as there is in effect after December 31, 1939,” and inserting with such country a treaty which provides in lieu thereof the following: “27% per­ “$750 ($800 for a taxable year beginning otherwise. cent (16% percent, including the defense after December 31, 1939, and before Jan­ Sec. 118. T axable t ears to w h ic h amend­ tax (see section'» 19.15-1) for a taxable uary 1, 1941, and $1,000 for a taxable m e n ts applic ab le . (Revenue Act o f 1941, year beginning prior to January 1, Title I.) year beginning after December 31, 1939, The amendments made by this title (except and before January 1, 1941, and 10 per­ 1940) ” . sections 107, 115, 116, and 117) shall be ap­ cent for a taxable year beginning prior P ar. 68. Section 19.215-1, as amended plicable only with respect to taxable years to January 1, 1940)”. beginning after December 31, 1940. by Treasury Decision 5011, is further (I) By striking from the first para­ amended as follows: P ar. 64. Section 19.211-7, as amended graph of subsection (c) “ 1945” and in­ (A) By changing the heading of para­ by Treasury Decision 5011, is further serting in lieu thereof “1941”. amended as follows: graph (2) of subsection (a) to read as P ar. 65. Section 19.213-1, as amended follows: (A) By striking out “ $21,600 ($24,000 by Treasury Decision 5011, is further ■ (2) Aggregate more than $23,000 during a taxable year beginning after amended as follows: December 31, 1939)” wherever appear­ ($24,000 for a taxable year beginning ing therein and inserting in lieu thereof (A) By changing the heading of para­ after December 31, 1939, and before the following: “ $23,000 ($24,000 during graph (2) of subsection (a) to read as January 1, 1941, and $21,600 for a tax­ a taxable year beginning after December follows: able year beginning prior to January 1, 31,1939, and before January 1,1941, and (2) Aggregate more than $23,000 1940). $21,600 during a taxable year beginning ($24,000 for a taxable year beginning (B) By striking from paragraph (2) before January 1, 1940)” . after December 31, 1939, and before Jan­ of subsection (a) “$21,600, or more than (B) By striking from the second para­ uary 1, 1941, and $21,600 for a taxable $24,000 for a taxable year beginning graph of subsection (a) “ 10 percent for year beginning prior to January 1,1940). after December 31, 1939,” wherever ap­ a taxable year beginning prior to Jan­ (B) By striking from paragraph (2) pearing therein and inserting in lieu uary 1, 1940, at the rate of 16 Ms percent of subsection (a) “$21,600, or more than thereof the following: “ $23,000 ($24,000 for a taxable year beginning after De­ $24,000 for a taxable year beginning for a taxable year beginning after De­ cember 31, 1939, and before January 1, after December 31, 1939,” and inserting cember 31, 1939, and before January 1, 1945 (see § 19.15-1), and at the rate of in lieu thereof the following: “$23,000 1941, and $21,600 for a taxable year be­ 15 percent thereafter,” and inserting in ($24,000 for a taxable year beginning ginning prior to January 1, 1940) ”. lieu thereof the following: “27M percent after December 31,1939, and before Jan­ (16% percent for a taxable year begin­ Par. 69. Section 19.217-2, as amended uary 1, 1941, and $21,600 for a taxable ning after December 31,1939, and before by Treasury Decision 5011, is further year beginning prior to January 1, January 1, 1941 (see § 19.15-1), and 10 amended as follows: percent for a taxable year beginning 1940)” . (A) By changing the heading of para­ prior to January 1, 1940) P ar. 66 There is inserted immediately graph (2) of subsection (a) to read as (C) By striking from the second para­ preceding § 19.214-1 the following: follows: graph of subsection (a) “ is reduced to 5 Sec. 111. P e r s o n a l e x e m p t io n . (Revenue (2) Aggregate more than $23,000 percent” and inserting in lieu thereof the Act of 1941, Title I.) ($24,000 for a taxable year beginning following: “was reduced to 5 percent as ***** after December 31, 1939, and before to items of income received prior to April (b ) Section 214 of the Internal Revenue January 1, 1941, and $21,600 for a tax­ 30, 1941,” . Code (relating to personal exemption of non­ resident alien individuals) is amended by able year beginning prior to January 1, (D) By striking from the second para­ striking out “$800” and inserting in lieu 1940). graph of subsection (a) “ or 15 percent,” . thereof “$750”. (B) By striking from paragraph (2) (E) By inserting in the second para­ ***** of subsection (a) “ $21,600, or more than graph of subsection (a) after “ a contigu­ Sec. 118. T axable ye ars t o w h ic h a m e n d ­ m e n t s A p p lic a b le . (Revenue Act o f 1941, $24,000 for a taxable year beginning ous country,” the following: “or (for tax­ Title I.) after December 31, 1939,” and inserting able years beginning after December 31, The amendments made by this title (ex­ in lieu thereof the following: $23,000 1940) any country in North, Central, or cept sections 107, 115, 116, and 117) shall be South America, or in the West Indies, or applicable only with respect to taxable years ($24,000 for a taxable year beginning of Newfoundland,” . beginning after December 31, 1940. after December 31, 1939, and before (F) By striking from subsection (b) P ar. 67. Section 19.214-1, as amended January 1, 1941, and $21,600 for a tax­ “ 10 percent, or 15 percent for a taxable by Treasury Decision 5011, is further able year beginning prior to January 1, year beginning after December 31,1939,” amended as follows: 1940)” . 5212 FEDERAL REGISTER, Tuesday, October 14, 1941

(C) By striking from the first para­ of 10 percent” and inserting in lieu cember 31, 1939),” and by inserting in graph of subsection (b) “ $1,000 during a thereof the following: “27% percent lieu thereof “imposed by Chapter 1”. taxable year beginning prior to January (16% percent for a taxable year begin­ 1, 1940, or $800 during a taxable year ning after December 31, 1939, and before P ar. 74. There is inserted immediately beginning after December 31, 1939“ and January 1, 1941 (see § 19.15-1), and 15 preceding § 19.251-1 the following: inserting in lieu thereof the following: percent (10 percent as to dividends) for Sec. 104. Surtax of corporations and ter­ “ $750 ($800 during a taxable year be­ m in a t io n of defense tax. (Revenue Art a taxable year beginning before January of 1941, Title I.) ginning after December 31, 1939, and 1, 1940)” . ***** prior to January 1, 1941, and $1,000 dur­ (B ) By inserting in the second para­ ing a taxable year beginning prior to (e) Surtax on corporations entitled to the graph of subsection (a) after “ a con­ benefits of section 251. Section 251 (c) (l) January I, 1940)” . tiguous country,” the following: “ or (as of the Internal Revenue Code (relating to P ar. 70. Section 19.219-1, as amended to taxable years beginning after Decem­ the tax on corporations entitled to the bene­ by Treasury Decision 5011, is further fits of section 251) is amended to read as ber 31,1940) any country in North, Cen­ follows: amended by striking out “$21,600, or tral, or South America, or in the West (1) Corporation tax. A domestic corpo­ more than $24,000 for a taxable year be­ Indies, or of Newfoundland,” . ration entitled to the benefits of this section ginning after December 31, 1939,” and (C) By inserting at the end of sub­ shall be subject to tax under section 13 or inserting in lieu thereof the following: section 14 (b ), and under section 15. section (a) the following: “Under the ***** “ $23,000 ($24,000 for a taxable year be­ tax convention between the United ginning after December 31, 1939, and Sec. 111. P ersonal exemption. (Revenue States and Canada, effective January 1, Act of 1941, Title I.) prior to January 1, 1941, and $21,600 for 1936, the rate of 5 percent applied with ***** a taxable year beginning prior to Jan­ respect to dividends paid prior to April (c) Section 251 ( f ) of the Internal Reve­ uary 1, 1940),” . 30, 1941, to such corporations organized nue Code (relating to personal exemption of P ar. 71. There is inserted immediately under the laws of Canada.” citizens entitled to benefits of section 251) is preceding § 19.231-1 the following: amended by striking out “$800” and insert­ (D ) By striking out the first sentence ing in lieu thereof “$750”. Sec. 104. Surtax o n corporations and ter­ in subsection (b) and inserting in lieu Sec. 118. T axable years to w h ic h amend­ m in a t io n of defense tax. (Revenue Act of thereof the following: m ents applicable. (Revenue Act of 1941 1941, Title I.) Title I.) * * * # # A resident foreign corporation is not The amendments made by this title (ex­ (d) Surtax on resident foreign corpora­ taxable upon the items of fixed or de­ cept sections 107, 115, 116, and 117) shall be tions. Section 231 (b ) of the Internal Reve­ terminable annual or periodical income applicable only with respect to taxable years nue Code (relating to certain foreign cor­ beginning after December 31, 1940. porations) is amended to read as follows: enumerated in section 231 (a) at the “ (b ) Resident corporations. A foreign rate specified in that section. P ar. 75. Section 19.251-3 is amended corporation engaged in trade or business by inserting at the end of the second within the United States or having an office (E) By striking out the last three paragraph the following: or place of business therein shall be taxable sentences in the first paragraph of sub­ as provided in section 14 (c) (1) and section section (b) and inserting in lieu thereof For any taxable year beginning after 15.” December 31, 1940, a domestic corpora­ ***** the following: tion entitled to the benefits of section Sec. 106. T ax o n foreign corporations For any taxable year beginning after 251 is subject to the surtax imposed by (Revenue Act of 1941, Title I.) December 31, 1939, a resident foreign Section 231 (a) of the Internal Revenue section 15, as amended by section 104 of Code (relating to tax on nonresident foreign corporation is, under section 14 (c) (1), the Revenue Act of 1941. For the de­ corporations) is amended by striking out “15 as amended, liable to a tax of 24 percent fense tax imposed for taxable years be­ per centum” and inserting in lieu thereof (22^y percent for such a taxable year ginning after December 31, 1939, and “27 y2 per centum”. beginning before January 1, 1941) of its Sec. 108. T reaty obligations. (Revenue before January 1, 1941, see § 19.15-1. Act of 1941, Title I.) normal-tax net income (regardless of the No amendment made by this title shall amount thereof), that is, its net income P ar. 76. There is inserted immediately apply in any case where its application would -from sources within the United States preceding § 19.261-1 the following: be contrary to any treaty obligation of the United States. (gross income from sources within the Sec. 104. Surtax o n corporations and ter­ m in a t io n of defense tax. (Revenue Act of Sec. 109. R eduction in pursuance of United States minus the statutory deduc­ 1941, Title I.) treaties of rates of tax and withholding tions provided in sections 23 and 232) * * * * * ON NONRESIDENT alie n individuals resident less the credits allowed against net in­ IN, AND CORPORATIONS ORGANIZED UNDER LAWS (f) Surtax on China Trade Act Corpora­ of, W estern H emisphere countries. (Reve­ come by section 26 (a) and (b). For the tions. nue Act of 1941, Title I.) defense tax imposed for taxable years (1) Surtax. Section 261 (a) of the Inter­ (a) Section * * * 231 (a) (1) relating beginning after December 31, 1939, and nal Revenue Code (relating to the tax on to tax on nonresident foreign corporations) before January 1, 1941, see section China Trade Act corporations) is amended of the Internal Revenue Code are amended to read as follows: by striking out “a contiguous country” and 19.15-1. For a taxable year beginning inserting in lieu thereof “any country in after December 31, 1940, a resident for­ (a) Corporation tax. A corporation or­ ganized under the China Trade Act, 1922 (42 North, Central, or South America, or in the eign corporation is liable to a surtax of West Indies, or of Newfoundland”. Stat. -849; U.S.C., 1934 ed., title 15, ch. 4), ***** 6 percent of the first $25,000 of its cor­ shall be subject to tax under section 13 or poration surtax net income and 7 percent section 14 (b ), and under section 15. Sec. 118. T axable years to w h ic h amend­ ***** m e n ts applicable. (Revenue Act of 1941, of the remainder thereof. The corpora­ Title I.) tion surtax net income of a resident Sec. 118. T axable years to w h ic h amend­ m ents applicable. (Revenue Act of 1941, The amendments made by this title (ex­ foreign corporation is its net income from cept sections 107, 115, 116, and 117) shall Title I.) be applicable only with respect to taxable sources within the United States less The amendments made by this title except years beginning after December 31, 1940. the credit allowed by section 26 (b), sections 107, 115, 116, and 117) shall be ap­ which credit is limited in amount to 85 plicable only with respect to taxable years P ar. 72. Section 19.231-1, as amended beginning after December 31, 1940. by Treasury Decision 5011, is further percent of its net income from sources P ar. 77. Section 19.261-1 is amended amended as follows: within the United States. by inserting at the end of the second P ar. 73. Section 19.236-1 is amended as (A) By striking from the second para­ paragraph the following: graph of subsection (a) “ 15 percent, ex­ follows: For a taxable year beginning after De­ cept that for taxable years beginning (A) By striking “section 231 (a) ” from after December 31,1939, and before Jan­ subsection (a) and by inserting in lieu cember 31, 1940, a China Trade Act uary 1, 1945, the rate is 16% percent thereof “Chapter 1”. corporation is liable to the surtax im­ (see § 19.15-1), and except further for . (B ) By striking from subsection (b) posed by section 15 as amended by sec­ a taxable year beginning before January the portion of the first sentence beginning tion 104 of the Revenue Act of 1941. For 1, 1940, dividends are taxable at the rate with “provided” and ending with “De- the defense tax imposed for taxable years FEDERAL REGISTER, Tuesday, October 14, 1941 5213 beginning after December 31, 1939, and 13, as amended, the rate of income tax enue Code (relating to mutual investment companies) is amended by inserting at the before January 1, 1941, see § 19.15-1. for 1941 is 24 percent, and, under section end thereof a new section to read as follows: 15, as amended, the rate of surtax is 6 "S ec. 363. Su rtax o n m u t u a l in v e s t m e n t Par. 78. There is inserted immediately percent on the first $25,000 of corpora­ COMPANIES. preceding § 19.262-1 the following: tion surtax net income and 7 percent on “ (a) Supplement Q surtax net income. For the purposes of this chapter the term Sec. 104. Surtax o n corporations and ter­ the remainder, the total income tax for ‘Supplement Q surtax net income’ means the m inatio n op defense tax. (Revenue Act of such year consists of a normal income net income, computed without the net oper­ 1941, Title I.) * * * * * tax 6f $48,000 plus a surtax of $13,750, or ating loss deduction provided in section 23 (s), minus the dividends paid during the (f) Surtax on China Trade Act Corpora­ $61,750. Since the special dividend ($66, taxable year increased by the consent divi­ tions. 000) exceeds the diminution of the in­ dends credit provided in section 28. For the ***** come tax ($61,750) on account of the purposes of this subsection the amount of (2) Credit of China Trade Act Corpora­ allowance of the special credit against dividends paid shall be computed in the tions. Section 262 (a) of the Internal Reve­ same manner as provided in subsections nue Code (relating to credit against net net income, the entire amount of special (d ), (e ), (f), (g ), (h ), and (i) of section 27 income of China Trade Act corporations) is credit is allowable and the corporation for the purpose of the basic surtax credit amended by striking out “sections 13,14, and has no income tax liability for 1941. provided in section 27. 600” and inserting in lieu thereof “sections Since the special dividend exceeds the “ (b) Imposition of tax. There shall be 13, 14, 15, and 600”; and by striking out “sec­ levied, collected, and paid for each taxable tion 13 or 14” wherever occurring therein and amount of the income tax by the sum of year upon the Supplement Q surtax net in­ inserting in lieu thereof “section 13, 14, or $4,250, which sum exceeds the amount come of every mutual investment company 15”. of the diminution of the declared value a surtax as follows: Sec. 118. T axable years to w h ic h amend­ excess-profits tax (6%o percent of $50,- “Upon Supplement Q surtax net incomes m e n ts applicable. (Revenue Act of 1941, Ti­ 000, or $3,300) on account of the allow­ not in excess of $25,000, 6 per centum of the tle I.) ance of the special credit against net amount thereof; “Upon Supplement Q surtax net incomes The amendments made by this title (except income, the entire amount of the special sections 107, 115, 116, and 117) shall be appli­ in excess of $25,000, $1,500, plus 7 per centum cable only with respect to taxable years begin­ credit ($200,000) is allowable for declared of the excess over $25,000.” ning after December 31, 1940. value excess-profits tax purposes for 1941 ***** and hence the corporation has no de­ Sec. 118. T axable ye ars to w h ic h a m e n d ­ Par. 79. Section 19.262-2, as amended m e n t s a p plic a b le . (Revenue Act of 1941, by Treasury Decision 5011, is further clared value excess-profits tax liability Title I.) for that year. amended as follows: The amendments made by this title (ex­ (A) By striking out the latter part of P ar. 80. There is inserted immediately cept sections 107, 115, 116, and 117) shall be applicable only with respect to taxable years • the first sentence of the first paragraph preceding § 19.362-1 the following: beginning after December 31, 1940. beginning with “ and (2 )” and inserting Sec. 103. Co r po r a tio n defense t ax rates in lieu thereof the following: INCORPORATED IN RATE SCHEDULES. (R even u e § 19.363-1 Surtax on mutual invest­ Act of 1941, Title I.) ment companies. For taxable years be­ (2) for the taxable year 1940, by sec­ * * * * * ginning after December 31, 1940, section tion 13 or 14, as amended, and by section (e) Mutual investment companies. Sec­ 363 imposes a surtax upon the Supple­ 600, and (3) for the taxable year 1941 tion 362 (b ) of the Internal Revenue Code ment Q surtax net income of every cor­ and subsequent years, by section 13 or (relating to tax on mutual investment com­ poration taxable as a mutual invest­ 14, as amended, by section 15, as amended, panies) is amended by striking out “ 22(lo per centum” and inserting “24 per centum”. ment company. A mutual investment and by section 600. Sec 118. T axable ye ars to w h ic h a m e n d ­ company’s Supplement Q surtax net in­ (B) By striking out the third and m e n t s ap plic a b le . (Revenue Act of 1941, come is its net income (computed with­ Title I.) out the net operating loss deduction fourth sentences of the first paragraph The amendments made by this title (ex­ and inserting in lieu thereof the follow­ cept sections 107, 115, 116, and 117) shall be provided in section 23 (s )), less the ing: • applicable only with respect to taxable years amount of dividends paid during the beginning after December 31, 1940. taxable year increased by the consent The decrease in the tax imposed for dividends credit provided in section 28. 1939 by section 14 (d ), prior to its amend­ P ar. 81. Section 19.362-1, as amended by Treasury Decision 5038, is further For the purpose of computing a mutual ment, for 1940 by section 13 or 14, as investment company’s Supplement Q amended, or for 1941 and subsequent amended by striking out the first two sentences and by inserting in lieu surtax net income, the amount of divi­ years by section 13 or 14, as amended, dends paid during the taxable year is and by section 15, as amended, by reason the following: If a corporation, as defined in section determined in the same manner as pro­ of such credit must not, however, exceed vided in section 27 (d), (e), (f), (g ), the amount of the special dividend re­ 3797 (a) (3 ), shows to the satisfaction of the Commissioner that it is entitled (h ), and (i) for the purpose of the basic ferred to in section 262 (b ), and is not surtax credit provided in section 27. allowable unless the special dividend has to the status of a mutual investment company, as defined in section 361, it is P ar. 83. There is inserted imme­ been certified to the Commissioner by the diately preceding § 19.373-1 the follow­ Secretary of Commerce. The decrease in taxable upon its Supplement Q net in- ing: the tax imposed by section 600 by reason ■ come, as defined in section 362 (a ), (1) of such credit must not exceed the at the rate of I 6 V2 percent for any tax­ Sec. 117. Ex t e n s io n of t im e o f orders of se c ur ities a n d ex c h an g e c o m m is s io n . (Rev­ amount by which such special dividend able year beginning after December 31, 1938, and before January 1, 1940, (2) at enue Act of 1941.) exceeds the decrease permitted by sec­ (a) Extension. Section 373 (a) of the tion 262 in the tax imposed for 1939 the rate of 22}4o percent for any taxable Internal Revenue Code (relating to the by section 14 (d ), prior to its amendment, year beginning after December 31, 1939, definition of orders of the Securities and and before January 1, 1941, and (3) at Exchange Commission with respect to which for 1940 by section 13 or 14, as amended, Supplement R applies) is amended to read and for 1941 and subsequent years by the rate of 24 percent for any taxable as follows: year beginning after December 31, 1940. section 13 or 14, as amended, and section (a) The term “order of the Securities and 15, as amended. (For the defense tax imposed for taxable Exchange Commission” means an order (1) years beginning after December 31, 1939, issued after M iy 28, 1938, and prior to Jan­ (C) By striking out example (2) and and before January 1,1941, see § 19.15-1.) uary 1, 1943, by the Securities and Exchange inserting in lieu thereof the following: Commission to effectuate the provisions of P ar. 82. There is inserted immediately section 11 (b ) of the Public Utility Holding Example (2). Assume that for the after § 19.362-1 the following: Company Act of 1935 (49 Stat. 820; U.S:C., calendar year 1941 the adjusted declared Supp. V, title 15, section 79k (b)), or (2) value of the capital stock is the same as Sec. 104. Su r tax o n corporations a n d issued by the Commission subsequent to for 1939 and that the other facts are the TERMINATION OP DEFENSE TAX. (Revenue Act December 31, 1942, in which it is expressly of 1941, Title I.) stated that an order of the character speci­ same as in example 1), except that a spe­ ***** fied in clause (1) is amended or supple­ cial dividend of $66,000 is distributed on (b ) Surtax on mutual investment com­ mented, and (3) which has become final in February 15, 1942. Since, under section panies. Supplement Q of the Internal Rev­ accordance with law. 5214 FEDERAL REGISTER, Tuesday, October 14, 1941

(b ) Effective date of amendment. The Subchapter C— M iscellaneous E xcise A rticle XX —Manufacture of Distilled amendment made by this section shall be applicable only with respect to taxable years T axes Spirits beginning after December 31, 1939. [T. D. 5085] § 183.214 Gauging of unfinished P ar. 84. There is inserted immediately spirits. At distilleries where spirits, in preceding § 19.500-1 the following: PART 183— PRODUCTION OF DISTILLED SPIRITS the course of distillation, are run from the beer still into tanks in the distillery Sec. 110. Defense tax rates o n personal By virtue of and pursuant to section HOLDING COMPANIES AND TRANSFERS TO AVOID building for temporary deposit prepara­ INCOME TAX INCORPORATED IN RATE SCHEDULES. 3176 of the Internal Revenue Code, Regu­ tory to completing the distillation (Revenue Act of 1941, Title I.) lations 4, “Production of Distilled Spirits,” thereof, storekeeper-gaugers shall (a) Personal holding companies. Section (1940) ,* is hereby amended by inserting a 500 of the Internal Revenue Code (relating promptly gauge (measure and proof) the to tax on personal holding companies) is new section in Articles VIII and XXX, unfinished spirits in such tanks and make amended as follows: designated § 183.47a and § 183.377a, re­ proper entry on Form 1592. Except as (1) By striking out the heading “(a) Gen­ spectively, and amending §§ 183.155 (a) provided in §§ 183.375-183.384, unfin­ eral Rule.— (4 ), 183.214, 183.362, 183.376, 183.378, ished spirits may not be stored in such (2) By amending the rate schedule to read tanks but may be deposited therein only as follows: 183.381, and 183.383, to read as follows: temporarily in the course of distillation. “ (1) 71% per centum of the amount A rticle VIII— Equipment Distillates containing one-half of 1 thereof not in excess of $2,000; plus percent or more of aldehydes or 1 per­ “(2) 82% per centum of the amount § 183.47a Unfinished spirits tanks. thereof in excess of $2,000.”; and cent or more of fusel oil, collected in Whenever a distillery established or (3) By repealing subsection (b ) (relating locked tanks for removal for denaturation to defense tax for five years). operated under the regulations in this or destruction, as provided in §§ 183.225- ***** part is to be operated alternately as such 183.255, will be carried on Form 1592 as

Sec. 118. T axable years to w h ic h amend­ and as an industrial alcohol plant or fruit unfinished spirits( until gauged and de­ m ents applicable. (Revenue Act of 1941, distillery in accordance with §§ 183.153- stroyed or removed for denaturation. Title I.) 183.157, and the distiller desires to retain (Sec. 3176, I.R.C.) The amendments made by this title (ex­ cept sections 107, 115, 116, and 117) shall be unfinished spirits where the change in A rticle XXVII— Suspension and Re­ applicable only with respect to taxable years type of plant is to be temporary only, he sumption of Operations beginning after December 31, 1940. must provide for the purpose one or § 183.362 Date of suspension. The P ar. 85. Section 19.500-1, as amended more tanks, each of which must be con­ distiller will fix in the notice the time by Treasury Decision 5011, is further structed and equipped in accordance when all the beer on the distillery prem­ amended by striking out the last sen­ with the provisions of § 183.46 and have ises will be distilled and all spirits in the tence of the first paragraph and by in­ painted thereon the words “Unfinished distillery run into the receiving cisterns serting in lieu thereof the following: Spirits Tank,” followed by its serial num­ in the cistern room, except unfinished For taxable years beginning before Jan­ ber and capacity in wine gallons. The spirits or distillates containing one-half uary 1, 1941, the surtax imposed by sec­ tanks must be so arranged that the un­ of 1 percent or more of aldehydes or 1 tion 500 is 65 percent of the amount of finished spirits to be collected therein percent or more of fusel oil which are the undistributed subchapter A net in­ will pass from the still into the tank to be retained on the premises during come not in excess of $2,000, and 75 per­ through continuous and securely closed, a temporary change in the type of dis­ tillery, as provided in §§ 183.375-183.384. cent of the amount of the undistributed fixed pipes and vessels. The pipe lines subchapter A net income in excess of (Secs. 2850, 3176, I.R.C.) connecting the tanks with stills or other $2,000, except that for such a taxable apparatus must be constructed in ac­ A rticle XXX — Alternate Operation as year beginning after December 31, 1939, cordance with § 183.54. Valves must be Industrial Alcohol Plant or Fruit Dis­ such surtax is increased 10 percent on tillery account of the defense tax. For taxable provided in the pipe lines and so arranged years beginning after December 31, 1940, as to control completely the flow of un­ § 183.376 Completion of operation re­ the rate of tax is 71% percent of the finished spirits both into and out of each quired. When a registered distillery is undistributed subchapter. A net income tank. The construction of the valves to be operated as an industrial alcohol not in excess of $2,000, and 82% percent must be such that they can be secured plant or as a fruit distillery, the business of the undistributed subchapter A net in­ with Government locks. (Secs. 2823, of producing spirits, except as herein­ come in excess of $2,000. 2829, 3176, I.R.C.) after provided, must be completely fin­ ished by the person or persons first car­ P ar. 86. Section 19.3801 (b )-0 is A rticle XV —Requirements Governing rying on the business, and the distillery amended by striking out “and D” in the Alternate Operations as Fruit Distillery duly suspended before it can be operated last paragraph and by inserting in lieu or Industrial Alcohol Plant as an industrial alcohol plant or a fruit thereof “D, and E” . distillery. Except as provided in §§ 183.- This Treasury decision is issued under §183.155 Where no bonded ware­ 377 and 183.377a, all unfinished spirits, the authority contained in section 62 of house on premises— (a) Suspension. including high wines and low wines, and # * * * * the Internal Revenue Code (53 Stat. 32; distillates containing one-half of 1 per­ 26 U.S.C., Sup. V, 62) and sections 101 (4) Materials, heads and tails, and un­ cent or more of aldehydes or 1 percent to 118 of the Revenue Act of 1941 (Pub­ finished spirits. If distilling materials or more of fusel oil collected in accord­ lic Law 250, 77th Congress). are transferred to the successor or if ance with the provisions of §§ 183.225- 183.255, must be redistilled and run into [ seal] G u y T. H elvering, heads and tails or unfinished spirits are the cistern room and warehoused by the Commissioner of Internal Revenue. to be retained on the premises pending outgoing distiller. Except as provided Approved: October 10,1941, the resumption of operations as a regis­ in the following sections, all such dis­ tered distillery, comply with the require­ tillates or unfinished spirits must be dis­ John L. Sullivan, ments of §§ 183.375-183.384. Acting Secretary of the Treasury. posed of before'th e distillery can be ***** operated as an industrial alcohol plant [F. R. Doc. 41-7678; Filed, October 13, 1941; or fruit distillery. (Secs. 2850, 3176, 11:04 a. m.J *5 F.R. 827 I.R.C.) FEDERAL REGISTER, Tuesday, October 14, 1941 5215

§ 183.377a Retention of unfinished similar notation on his Form 1592 for of 1937, having been duly filed with this spirits. Where the change in type of such distiller. The distiller and store­ Division by the above-named party, re­ plant is to be temporary only, the outgo­ keeper-gauger will continue to file questing permission to change the load­ ing distiller may retain unfinished spirits monthly reports on Forms 1598 and 1592, ing point of Mine No. 119 (Mine Index under Government lock in unfinished respectively, during the period such dis­ No. 374) of the Faywest Coal Company spirits tanks provided in accordance with tillates or unfinished spirits are retained on the Pennsylvania Railroad from Fair- § 183.47a in the distillery until the plant on the distillery premises. Where the chance, Pennsylvania, to Shaw Mine Sid­ is again operated by him as a registered plant is operated as a registered distillery ing, Pennsylvania; and distillery under these regulations: Pro­ in two or more periods during the same The Director finding that a reasonable vided, That such distiller furnishes a duly month by the same proprietor, the opera­ showing of necessity has been made for executed consent of surety, Form 1533, in tions of such proprietor will be recorded the granting of temporary relief in the triplicate, continuing liability on the dis­ on the same Form 1598 and the same manner hereinafter set forth; and tiller’s bond, Form 30, for the tax on such Form 1592, but appropriate notations will No petitions of intervention having been unfinished spirits retained on the prem­ be made on the separating lines on each filed with the Division in the above-en­ ises, notwithstanding the change in the form to show the dates the distillery was titled matter; and type of plant. (Sec. 3176, 1.1-t.C.) operated as a fruit distillery or an in­ The Director deeming that his action § 183.378 Transfer of materials, etc. dustrial alcohol plant and the names un­ is necessary in order to effectuate the The outgoing distiller may transfer to his der which it was so operated. (Secs. 2841 purposes of the Act: successor materials on hand, including (a ), 3176,1.R.C.) I t is ordered, That pending final dispo­ mash and beer in process, at the time the § 183.383 Disposition of spirits. sition of the above-entitled matter, tem­ change in type of plant takes place, but Where a change in the type of plant takes porary relief is granted as follows: no spirits may be so transferred, except place, the storekeeper-gauger in charge Commencing forthwith, § 322.7 (.Alpha­ the residue of spirits in the stills which of the distillery will see that all distil­ betical list of code members) in the it is not practicable to completely boil lates collected in accordance with Schedule of Effective Minimum Prices out: Provided, That i-aterials not usable §§ 183.225-183.255 are disposed of, and for District No. 2 For All Shipments Ex­ and residue of spirits in stills not pro­ that all other unfinished spirits, except cept Truck is amended so that all ship­ ducible under the law at the succeeding the residue of spirits in stills where the ments made from Mine No. 119 (Mine type of plant may not be transferred to same is to be transferred to the successor Index No. 374) of the Faywest Coal Com­ the successor. Where such materials as provided in § 183.378, are distilled and pany on the Pennsylvania Railroad shall and residue of spirits are not transfer­ transferred to the cistern room, unless be made from Shaw Mine Siding, Penn­ able, all mash and beer must be distilled, retained in locked tanks in accordance sylvania, and no further shipments from all basic materials must be removed from with §§ 183.377 and 183.377a, respectively, Mine No. 119 shall be made from Fair- the premises, and the stills and other ves­ before the plant is operated as another chance, Pennsylvania.1 sels must be completely cleared of spirits, type of distillery. Upon disposition or It is further ordered, That pleadings in and such spirits, if other than distillates retention in locked tanks of such dis­ opposition to the original petition in the or unfinished spirits intended for reten­ tillates or unfinished spirits, and trans­ above-entitled matter and applications tion in accordance with the provisions of fer of all other spirits to the cistern room, to stay, terminate or modify the tempo­ §§ 183.377 and 183.377a, removed to the the distillery may be operated as another rary relief herein granted may be filed receiving cisterns in accordance with law type of plant, but all spirits transferred with the Division within forty-five (45) before the change in type of plant be­ to the cistern room must be branded and days from the date of this Order, pursu­ comes effective. When it is again de­ removed in accordance with law by the ant to the Rules and Regulations Gov­ sired to resume operations as a distiller outgoing distiller in the name under erning Practice and Procedure before the under the regulations in this part the which they were produced, before any Bituminous Coal Division in Proceedings business of producing alcohol or brandy, spirits are deposited in the cistern room Instituted Pursuant to section 4 II (d) as the case may be, must be similarly or withdrawn from the distillery by the of the Bituminous Coal Act of 1937. finished and the industrial alcohol plant successor, and in any event within three It is further ordered, That the relief or fruit distillery suspended in accord­ days of their deposit in the cistern room. herein granted shall become final sixty ance with governing regulations. (Sec. (Sec. 3176,1.R.C.) (60) days from the date of this Order, 3176, I.R.C.) [ se al] N orm an D. C a n n , unless- the Director shall otherwise order. § 183.381 Completion of records. Acting Commissioner . Dated: October 10, 1941. The outgoing distiller will complete his of Internal Revenue. record, Form 1598, and the storekeeper- [ seal] H. A. G r a y , gauger his record, Form 1592, as to the Approved: October 9, 1941. Director. J o h n L. S u l l iv a n , removal of basic materials from the [P. R. Dew. 41-7676; Piled, October 13, 1941; premises, or the transfer of basic ma­ Acting Secretary of the Treasury. 10:08 a. m.] terials and mash and beer in process to [P. R. Doc. 41-7634; Piled, October 10, 1941; the successor, as the case may be, and 1:57 p. m.] as to production and removal from the TITLE 32—NATIONAL DEFENSE cistern room of all spirits produced by the outgoing distiller. The actual date CHAPTER VI—SELECTIVE SERVICE of the entry of the deposit of the finished TITLE 30—MINERAL RESOURCES SYSTEM spirits in the cistern room and the actual CHAPTER HI—BITUMINOUS COAL O rder A u t h o r izin g the S tate D irector date the spirits are removed from the DIVISION o f S e lective S ervice of O k la h o m a to cistern room will be given in the respec­ O rder A d d itio n al or A lter native tive columns of both forms. I f distillates [Docket No. A—1047] P h y s ic a l E xaminations . collected in accordance with §§ 183.225- P art 322— M in im u m P rice S chedule, 183.255, or unfinished spirits are re­ D istrict N o. 2 By virtue of the provisions of the Se­ tained on the premises in locked tanks lective Training and Service Act of 1940 order g ranting tem po r ar y relief ai«d as provided in §§ 183.377 and 183.377a, a (54 Stat. 885) and the authority vested conditionally pr o vid ing for f in a l re­ notation will be made on Form 1598 in me by the rules and regulations pre­ l ie f IN THE MATTER OF THE PETITION OF under “ Special Operations or Condi­ scribed by the President thereunder, and FAYWEST coal c o m p a n y , a code m em ber tions,” showing that such distillates or IN DISTRICT NO. 2, FOR CHANGE IN LOADING unfinished spirits are temporarily re­ 1 Nothing herein shall be deemed to affect tained on the premises pending resump­ POINTS iermission heretofore granted petitioner to foad coal from its Mine No. 119 (Mine Index tion of operations as a registered distillery. An original petition, pursuant to sec­ No. 374) on the Baltimore & Ohio Railroad at The storekeeper-gauger will make a tion 4 n (d) of the Bituminous Coal Act Outcrop, Pennsylvania. 200------3 5216 FEDERAL REGISTER, Tuesday, October 14, 1941

more particularly the provisions of sec­ of Selective Service copies of plans, (Item u, Paragraph 2, Proclamation No. tion XLVIII of the Selective Service forms, and directives prescribed for use 2413T) shall include the following in ad­ Regulations, I hereby authorize the State by him in carrying out this authorization. dition to items previously determined: Director of Selective Service of Okla­ L e w is B. H e r s h e y , homa to direct any local board in the Director. State of Oklahoma to order registrants Depart­ ment O ctober 9, 1941. Unit of to appear for and submit to a physical quantity Commodity description of Com­ examination by an Examining Board of merce [F. R. Doc. 41-7650; Filed, October 11, 1941; No. the armed forces, either in addition to 12:20 p. m.] or in lieu of the physical examination SILK provided for in Volume Three, “ Classifi­ Silk manufactures: cation and Selection.” L h s _ Sewing, embroidery and crochet 3719 In proceeding under this authorization, CHAPTER VIII—EXPORT CONTROL. silk. Lbs...... Other broad silks...... 3720.98 the State Director of Selective Service S ubchapter C — E c o n o m ic D efense Lbs...... Silk ribbons______3729.11 of Oklahoma will be guided by the pro­ B oard visions of section X L V III of the Selective 4. Effective October 29, 1941, the Service Regulations. The right of all EXPORT CONTROL SCHEDULE NO. 22 forms, conversions, and derivatives of registrants to an appeal shall be pre­ Iron and Steel (Proclamation No. 2449)8 served and no registrant shall be ordered By virtue of Executive Order No. 8712,1 shall include the following in addition to report for induction on less than 10 of March 15, 1941, Executive Order No. to items previously determined: days’ notice, as provided in Paragraph 8900,2 of September 15, 1941, and Order 415 of the Selective Service Regulations, No. 1, of the Economic Defense Board, as amended. of September 15, 1941,8 I, Milo Perkins, Depart­ Unit of Commodity description ment of The State Director of Selective Serv­ Executive Director, Economic Defense quantity Commerce ice of Oklahoma shall submit to the Di­ Board, have determined that:4 No. rector of Selective Service copies of plans, forms, and directives prescribed for use 1. Effective October 29,1941, the forms, IRON AND STEEL conversions, and derivatives of arnica by him in carrying out this authoriza­ Lb s..— .. Carbonyl iron powder 6209.33 tion. (Proclamation No. 2506) 5 shall include the following: L e w is B. H e r s h e y , 5. Effective October 29, 1941, the Director, forms, conversions, and derivatives of O ctober 9, 1941. Depart­ ment Machinery (Proclamation No. 2475e) [F. R. Doc. 41-7649; Filed, October 11, 1941; Unit of quantity Commodity description of Com­ shall include the following in addition to 12:20 p. m.] merce No. items previously determined:

ARNICA Depart ment O rder A u t h o r izin g the S tate D irector Lbs...... Unit of Arnica flowers, leaves, or root, quantity Commodity description of Com­ of S elective S ervice of T exas T o O r­ whole, granulated or powdered.. 2209.33 merce No. der A d d itio n al or A lternative P h y s i ­ cal E xaminations 2. Effective October 29, 1941, the MACHINERY By virtue of the provisions of the Se­ forms, conversions, and derivatives of Furnaces, industrial, other than lective Training and Service Act of 1940 wood (Item 3, Proclamation No. 2503 6) electric: (54 Stat. 885) and the authority vested Units____ Metal working...... 7750.22 shall include the following in addition to Units____ Other than metal working 7750.25 in me by the rules and regulations pre­ items previously determined: scribed by the President thereunder, and more particularly the provisions of sec­ 6. Effective this date, the following Depart­ item as listed in Export Control Schedule tion XLVIII of the Selective Service ,Unit of Commodity description ment of No. 1810 under precious metals is hereby Regulations, I hereby authorize the State quantity Commerce Director of Selective Service of Texas to No. deleted from the forms, conversions, and direct any local board in the State of derivatives subject to export license Texas to order registrants to appear for WOOD requirement. and submit to a physical examination Lignum vitae: by an Examining Board of the armed M . ft...... Logs______4009-F Depart M . ft_____ 4199-F ment forces, either in addition to or in lieu Unit of of Com­ quantity Commodity description of the physical examination provided for merce No. in Volume Three, “ Classification and 3. Effective October 29,1941, the forms, Selection.” conversions, and derivatives of Silk PRECIOUS METALS In proceeding under this authoriza­ 16 F R . 1501. $ Value... Gold manufactures, including gold 6997 tion, the State Director of Selective and gold plated ware and gold Service of Texas will be guided by the * 6 F.R. 5795. pen points. * 6 F H. 4828. provisions of section X L V III of the Selec­ 4 The numbers which follow the commodity tive Service Regulations. The right of descriptions in the following schedule refer M il o P e r k ins, to Commerce Department classifications es­ Executive Director. all registrants to an appeal shall be pre­ tablished in Schedule B, “Statistical Classifi­ served and no registrant shall be ordered cations of Domestic Commodities Exported O ctober 13, 1941. to report for induction on less than 10 from the United States” or Schedule F, “Statistical Classification of Foreign Com­ [F. R. Doc. 41-7694, Filed, October 13, 1941; days’ notice, as provided in Paragraph modities Exported from the United States.” 11:51 a. m.] 415 of the Selective Service Regulations, The words are controlling and the numbers are included solely for the purpose of statis­ as amended. tical classification by various Government » 5 F.R. 2467. The State Director of Selective Serv­ agencies. 8 5 F.R. 4903. 6 6 F.R. 4469. 8 6 F.R. 1983. ice of Texas shall submit to the Director «6 F.R. 4231. 10 6 F.R. 4664. FEDERAL REGISTER, Tuesday, October 14, 1941 5217

CHAPTER IX—OFFICE OF PRODUC­ amended from time to time, are hereby (h ) Effective dates. This Order shall TIO N MANAGEMENT Included as a part of this Order with the take effect immediately, and, unless same effect as if specifically set forth sooner terminated by direction of the Di­ Sttbchapter B—P riorities D ivisio n herein, except as otherwise specifically rector of Priorities, shall expire on the PART 923— TUNGSTEN provided herein. 30th day of June, 1942. (P.D. Reg. 1, Aug. (b) Additional definitions. For the 27,1941, 6 F.R. 4489; OPM Reg. 3, March Supplementary Order No. M-29-a purposes of this Order: 8, 1941, 6 F.R. 1596, as amended Sept. §923.4 Supplementary order No. 12, 1941, 6 F.R. 4865; E.O. 8629, Jan. 7, (1) “Scrap” means all ferrous mate­ M-29-a. (a) It is hereby ordered by 1941, 6 F.R. 191; E.O. 8875, Aug. 28,1941, rials, either alloyed or unalloyed, of the Director of Priorities that, subject to 6 F.R. 4483; sec. 2 (a), Public No. 671, which iron or steel is a principal com­ all the other provisions, restrictions, and 76th Congress, Third Session, as ponent, which are the waste of industrial limitations of General Preference Order amended by Public No. 89, 77th Congress, fabrication, or objects that have been M-29,1 issued August 30,1941, any person First Session; sec. 9, Public No. 783, 76th discarded on account of obsolescense, is authorized to receive deliveries of Congress, Third Session.) failure or other reason. tungsten in the forms specified below up (2) “Producer” means any person who Issued this 11th day of October 1941. to but not exceeding an aggregate of 100 produces Scrap in the conduct of a busi­ pounds contained tungsten during any D onald M. N elson, ness or other enterprise. calendar month, without filing Form Director of Priorities. (3) “Dealer” and/or “Broker” means PD-9 as prescribed in paragraph (b) (12) [P. R. Doc. 41-7644; Piled, October 11, 1941; any person who, as principal or as agent, of said order: 10:20 a. m.] buys and sells Scrap in the regular course (1) The element tungsten in pure of his business. form, ferro-tungsten, tungsten in the (4) “Consumer” means any person PART 977— MANILA FIBER AND MANILA form of metal powder, and other com­ who uses Scrap in the production of CORDAGE binations with other elements in semi­ Iron, steel or ferro-alloy material or manufactured or manufactured form, products. Amendment to General Preference Or­ prepared for consumption in the manu­ der No. M-36 to Conserve the Supply (c) Provisions relating to producers. facture of steel, or for other purposes; and Direct the Distribution of Manila On or before the 15th day of each month, (2) All chemical compounds having Fiber and Manila Cordage beginning November 15, 1941, Producers tungsten as an essential and recognizable who have during the preceding month Whereas the uncertainty of future component. produced 20 gross tons or more of Scrap shipments of Manila Fiber from abroad (b) This order shall take effect im­ shall file reports as prescribed by the and National Defense requirements for mediately upon its issuance, and unless Director of Priorities showing Scrap in­ Manila Cordage have created a shortage sooner terminated by direction of the ventory, production and sales, and such thereof for defense and for private Director of Priorities, shall expire on the other information as the Director may account and for export, and it is neces­ 31st day of December, 1941. (P.D. Reg. 1, from time to time require. sary in the public interest and to pro­ Aug. 27, 1941, 6 F R . 4489; OPM Reg. 3, (d ) Provisions relating to dealers and mote the defense of the United States, as amended Sept. 2, 1941, 6 F.R. 4865, brokers. On or before the 15th day of to conserve the supply and direct the E.O. 8629, Jan. 7, 1941, 6 F.R. 191; E.O. each month, beginning November 15, distribution thereof; 8875, Aug. 28, 1941, 6 F R . 4483; sec. 1941, Dealers and Brokers shall file re­ Now, therefore, it is hereby ordered, 2 (a), Public No. 671, 76th Congress, ports as prescribed by the Director of That: Third Session, as amended by Public No. Priorities, showing Scrap inventory, pur­ Section 977.1 (General Preference Or­ 89, 77th Congress, First Session; sec. 9, chases and sales, and such other infor­ der No. M-361) is hereby amended to Public No. 783, 76th Congress, Third mation as the Director may from time read as follows: Session) to time require. § 977.1 General preference order No. Issued this 13th day of October 1941. (e) Provisions relating to consumers. M-36— (a,) Regulations incorporated in D onald M. N elson, On or before the 15th day of each month, this order. Except as expressly modified Director of Priorities. beginning November 15,1941, Consumers by the terms of this Order, ail of the pro­ shall file reports as prescribed by the visions and definitions of Priorities Reg­ [P. R. Doc. 41-76,54; Filed, October 13, 1941; Director of Priorities, showing Scrap in­ ulation No. 1, Part 944, issued August 27, 9:49 a. m.] ventory, production, receipts and con­ 1941, by the Director of Priorities, as sumption, and such other information amended from time to time, are hereby as the Director may from time to time incorporated in and made a part of this PART 963— IRON AND STEEL SCRAP require. Order as fully and with the same effect General Preference Order No. M-24 to (f) Special instructions. The Direc­ as if specifically herein set forth. Conserve the Supply and Direct the tor of Priorities may from time to time (b) Definitions for the purposes of this Distribution of Iron and Steel Scrap issue specific directions to any person as order. (1) “Manila Fiber” means fiber to the source, destination, or amount of which is commonly known in the trade Whereas the national defense require­ Scrap to be delivered or acquired by such by this term and also known as Abaca ments have created a shortage of iron person. or Manila Hemp (either stripped or de­ and steel scrap for defense, for private (g) Violations. Any person affected corticated), Sumatra Abaca, and Pan­ account, and for export, and it is neces- by this Order who falsifies records or ama Abaca, except that “Manila Fiber” • sary in the public interest and to pro­ reports which he is required by this does not mean fiber of grades T, O, W, mote the defense of the United States to Order to keep or file, or who violates any or Y as established by the Insular Gov­ conserve the supply and direct the dis­ other provision of this Order or any ernment of the Philippine Islands. tribution thereof. other Order, regulation, or other direc­ (2) “ Manila Cordage” means cables Now, therefore, it is hereby ordered: tive issued by the Office of Production and ropes %e" in diameter and larger, § 965.1 General preference order— Management may be prohibited by the and twines used for fishing nets, in which (a) Priority control. All the provisions Director of Priorities from making or Manila Fiber either alone or in combina­ and definitions of Priorities Regulation receiving deliveries of Scrap, or may be tion with other materials is used. No. I,1 issued by the Director of Priorities subjected to such other or further action (3) “Class A Cordage” means Manila on August 27, 1941 (Part 944), as as the Director may deem appropriate. Cordage which contains such a combi-

*6 F.R. 4521. 16 P R . 4489. *6 F.R. 4534. 5218 FEDERAL REGISTER, Tuesday, October 14, 1941 nation of grades of Manila Fiber as will for sale or delivery to fulfill those cate­ Jan. 7, 1941, 6 F.R. 191; E.O. 8875, Aug. at least equal the fiber quality require­ gories of orders specified in (e) (2) 28, 1941, 6 F.R. 4483; sec. 2 (a ), Public ments of Federal Specifications 'i'-R- below. No. 671, 76th Congress, Third Session, as 601a. (3) Manila Fiber may be processed for amended by Public No. 89, 77th Congress, (4) “Class B Cordage” means Manila the purpose of manufacturing Class C First Session; sec. 9, Public No. 783, 76th Cordage which contains such a combi­ Cordage without restriction. Congress, Third Session) nation of grades of Manila Fiber as will (e) Restrictions on sales and deliveries Issued this 13th day of October 1941. give a Becker value not in excess of of manila cordage. (1) Except as pro­ D onald M . N elson, thirty-nine, such Becker value to be de­ vided in paragraphs (e) (3) and (e) (4), Director of Priorities. termined according to the methods set no Cordage Processor shall sell or de­ forth in said Federal Specifications liver to a Dealer and no Dealer shall buy [P. R. Doc. 41-7655; Piled, October 13, 1941; T-R-601a. or accept delivery of any Manila Cord­ 9:49 a. m.] (5) “Class C Cordage” means Manila age so long as the inventory thereof in Cordage which contains no Manila Fiber the hands or under the control of the of the following grades: AB Davao or Dealer is sufficient to enable such Dealer CHAPTER XI—OFFICE OF PRICE non-Davao, CD Davao or non-Davao, E to fulfill those categories of orders speci­ ADMINISTRATION Davao or non-Davao, F Davao or non- fied in (e) (2) below which he will be P art 1309— C opper and C opper A lloys Davao, I Davao, JI Davao, G Davao, S2 required to fulfill within ninety days Davao, and in addition to which is so thereafter as indicated by his customary PRICE SCHEDULE NO. 20— COPPER SCRAP1 processed that the Manila Fiber therein rate of operation. The Office of Price Administration is contained is combined or mixed with at (2) Except as provided in paragraphs charged with the maintenance of price least an equal amount of fiber other than (e) (3), (e) (4),and(e) (5), no Cordage stability and the prevention of undue Manila Fiber. Processor or Dealer, unless specifically price rises and price dislocation. Cop­ (6) “Cordage Processor” means any authorized by the Director of Priorities, per scrap is a basic material for the pro­ Person who spins, twists, weaves or oth­ shall sell or deliver Manila Cordage ex­ duction of electrolytic copper, copper in­ erwise uses Manila Fiber in the produc­ cept to fulfill the following categories of got and copper alloy ingot, all of which tion of Manila Cordage. orders: are important in the manufacture of For the purposes of this Order the (i) Defense orders. many defense products. Requirements term “ Cordage Processor” shall also (ii) Purchase Orders for use by Per­ of the defense program have increased mean any Person who imports Manila sons in the following catagories of usage: the demand for copper scrap causing its Cordage. price to rise above levels which are in (а) Commercial Marine. (7) “Processing” means any use of proper relation to the price level of Manila Fiber for the manufacture of (б) Oil Wells and Gas Wells—for the primary materials. Price instability and any other article or commodity into following uses only: drilling cables, bull dislocations injurious to the national de­ ropes, catlines, spinning lines, torpedo which the Manila Fiber goes or of which fense and civilian economy have resulted. lines, and derrick lines. it becomes a part. As a consequence, it has become difficult (8) “ Dealer” means any person who (c) Mining—for the following uses and in some cases impossible for the only; hoisting and transmission of power. procures Manila Cordage for storage or trade to cooperate with the Government for sale, and includes selling agents, (3) Class C Cordage may be sold and in preventing inflationary price move­ warehousemen and other commercially delivered without restriction. ments. On the basis of information se­ recognized agents acting for their own (4) Notwithstanding the provisions of cured by independent investigation by account or for others, whether or not (e) (1) and (e) (2), any Cordage Proc­ this Office, and after consultation with acquiring title to such Manila Cordage. essor or Dealer may sell or deliver Manila the trade, I find that the maximum prices (c) Restrictions on deliveries of ma- Cordage of any class as follows: set forth below constitute reasonable nila fiber. No Person shall hereafter limitations on the price of copper scrap. make delivery and no Person shall accept (i) Sales for direct export from the Therefore, under the authority vested delivery of Manila Fiber, unless specifi­ United States of America, if such export in me by Executive Order 8734, it is cally authorized by the Director of Pri­ shall have been specifically licensed by hereby directed that §§ 1309.61 to 1309.70, orities; Provided, however, That deliv­ the Administrator of Export Control; or inclusive, are hereby amended to read as eries of imported Manila Fiber may be (ii) Sales from stocks on hand or in follows: made without restriction by any Person process as of August 29, 1941, of the fol­ importing the same, either directly or lowing types: § 1309.61. Maximum prices for copper through an agent; Further provided, (a) Manila Yacht Rope. scrap. On and after October 17, 1941, That deliveries of Manila Fiber may be (b) Manila Lariat Rope. regardless of the terms of any contract made without restriction by any Person (c) Manila Yacht Lariat Rope. of sale or purchase or other commitment, except as provided in §§ 1309.64 and importing the same to any Cordage Proc­ (d) Manila Rope with a Becker value essor as herein defined; And further pro- of 36 or below. 1309.69 hereof, no person shall sell, offer to sell, deliver, or transfer copper scrap, vided, That deliveries of Manila Fiber (e) Manila Rope of such special con­ and no person shall buy, offer to buy, or may be made without restriction by or struction as to be unfit to fulfill any of accept delivery of copper scrap at prices to Defense Supplies Corporation and by the categories of orders outlined in higher than the maximum prices set or to any other agency of the Federal (e) (2). Government. forth in Appendix A hereof incorporated (d) Restrictions on processing of ma­ (5) Notwithstanding the provisions of herein as §1309.70.* nda fiber. (1) Unless specifically au­ paragraph (e) (2), any Dealer may make * §§ 1309.61 to 1309.70, inclusive, issued thorized by the Director of Priorities, no retail sales in lengths of less than 540 pursuant to the authority contained in Ex­ Person shall hereafter begin the proc­ feet of any Manila Cordage on hand or ecutive Orders No. 8734, 8875, 6 F.R. 1917, essing of any Manila Fiber except for in transit to him on August 29,1941. 4483. the purpose of manufacturing Class A, (f) Effective date and termination. §1309.62 Less than maximum prices. Class B or Class C Cordage. This Order shall take effect immediately, Lower prices than those set forth in Ap­ (2) Unless specifically authorized by and unless sooner revoked by direction pendix A may be charged, demanded, the Director of Priorities, no Person of the Director of Priorities, shall expire paid or offered.* shall, after midnight August 20, 1941, on February 28,1942. (F.R. Reg. 1, Aug. § 1309.63 Evasion. The price limita­ begin the processing of any Manila Fi­ 27, 1941, 6 F.R. 4489; O.P.M. Reg. 3, tions set forth in this Schedule shall not ber for the purpose of manufacturing March 8, 1941, 6 F.R. 1596, as amended, any Class A or Class B Cordage except Sept. 12, 1941, 6 F.R. 4865; E.O. 8629, 16 F.R. 4218. FEDERAL REGISTER, Tuesday, October 14, 1941 5219 be evaded whether by direct or indirect the various political subdivisions of state,, Inc., effective as of June 1, 1940. Scrap methods in connection with a purchase, county, and local governments by calling which fails to meet such standards shall sale, delivery or transfer of copper scrap, to the attention of the proper authori­ be sold at a price less than the applicable alone or in conjunction with any other ties, failures to comply with this Sched­ maximum price. This Schedule does not material, or by way of any commission, ule which may be regarded as grounds include copper scrap which is a by­ service, transportation or other charge for the revocation of licenses and per­ product of the fabrication of copper or discount, premium, or other privilege, mits; and (d) that the procurement sheet, tube, rod or other brass mill prod­ or by tying agreement or other trade services of the Government are requested ucts, the maximum prices for which are understanding, or otherwise.* to refrain from selling to or purchasing established by Price Schedule No. 12— § 1309.64 Permission to carry out con­ from those persons who fail to comply Brass Mill Scrap. tracts entered into prior to August 19, with this Schedule. Persons who have (a) Kind or grade of scrap. 1941. Any person who, prior to August evidence of the offer, receipt, demand or Maximum prices payment of prices higher than the maxi­ ;per pound, of mate­ 19, 1941, has entered into a contract of rial, f. o. b. point sale or other firm commitment calling for mum prices, or of any evasion or effort of shipment the delivery or transfer after that date, to evade the provisions hereof, or of spec­ No. 1 copper wire------100 of copper scrap at prices higher than ulation, or manipulation of prices of No. 1 heavy copper------100 copper scrap, or of the hoarding or ac­ No. 2 copper wire (containing 96% the maximum prices established by this copper)______90 Schedule prior to October 17, 1941, may cumulating of unnecessary inventories Mixed heavy copper (containing 96% make application to the Office of Price thereof, are urged to communicate with copper)______90 Administration on forms which will be the Office of Price Administration.* Light copper (containing 92% copper). 80 furnished upon request, for permission § 1309.67 Modification of the Sched­ I f the copper content of No. 2 copper to carry out such contract or commit­ ule. Persons complaining of hardship wire or mixed heavy copper scrap is more ment at the contract price. Such per­ or inequity in the operation of this or less than 96% or if the copper content mission will be granted only when neces­ Schedule may apply to the Office of of light copper scrap is more or less than sary to protect the applicant against loss Price Administration for approval of any 92%, the maximum price per pound of in the disposition of inventory acquired modification thereof or exception there­ material set forth above shall be in­ prior to August 19, 1941 at prices higher from.* creased or decreased at the rate of 0.11775 than the maximum prices heretofore es­ § 1309.68 Definitions. When used in cents for each 1% variation in the copper tablished by this Schedule and held on this Schedule, the term: content with proportionate adjustments that date by (a) the applicant, or (b) for variations of less than 1%. (a) “Person” means an individual, any other person for delivery to the ap­ Prices may be quoted or material in­ partnership, association, corporation, or plicant under a firm commitment entered voiced on a delivered price basis. How­ other business entity. into with the applicant prior to August ever, if prices are so quoted or material (b) “Copper scrap” means the kinds 19, 1941. Such application shall be filed is so invoiced, and the total delivered and grades of scrap materials set forth with the Office of Price Administration price exceeds the maximum price fixed in Appendix A of this Schedule.* on or before October 19, 1941.* by this Schedule, (1) the delivery charge § 1309.65 Records and reverts. Every § 1309.69 Effective date of the sched­ shall be shown as a separate item, (2) person making purchases or sales of cop­ ule. (a) This Schedule shall become ef­ the price f. o. b. point of shipment (cal­ per scrap after August 19, 1941, shall fective on August 19, 1941. culated by subtracting the delivery charge keep for inspection by the Office of Price (b) Contracts of sale or other firm from the total delivered price) shall not Administration for a period of not less commitments calling for the delivery or exceed the maximum price set forth in than one year, complete and accurate transfer of copper scrap entered into this Schedule, and (3) the delivery charge records of (a) each such purchase or between August 19, 1941 and October 17, shall not exceed the lowest commercial sale showing the date thereof, the name 1941 at prices in excess of the maximum rate for the most nearly comparable serv­ and address of the buyer or the seller, prices established by the amendments to ice. the price paid or received, and the quan­ this Schedule effective October 17, 1941 (b) Premiums. To the maximum tity in pounds or tons of each kind or may be completed at contract prices prices set forth above either but not both grade purchased or sold; and (b) the provided that (1) such prices are not in of the following premiums may be added quantity in pounds or tons of copper excess of the maximum prices estab­ if the conditions set forth below are scrap (1) on hand, and (2) on order, lished by this Schedule prior to October fulfilled: as of the close of each calendar month. 17, 1941, (2) the copper scrap so de­ (1) Premium for copper scrap in cruci­ Persons affected by this Schedule shall livered or transferred was on hand at ble shape— 1 per pound. submit such reports to the Office of Price the seller’s plant or warehouse prior to Copper scrap in crucible shape shall Administration as it may, from time to October 17, 1941, and (3) provided include only: time, require.* further that a report as to the pertinent terms of all such contracts is furnished (i) Briquetted No. 1 copper wire. A § 1309.66 Enforcement. In the event briquette shall include any compressed, of refusal or failure to abide by the price to this Office on Form 120:6 prior to November 1, 1941.* self-adhering bundle whose measure­ limitations, record requirements, or other ments do not exceed 16 x 10 x 12 inches § 1309.70 Appendix A; maximum provisions of this Schedule, or in the and which contains nothing but clean, prices. For the purpose of this Sched­ event of any evasion or attempt to evade untinned No. 1 copper wire of 16 B & S ule each grade of scrap listed below shall the price limitations or other provisions wire gauge or larger, free from burnt, include all kinds and qualities of scrap of this Schedule, the Office of Price Ad­ brittle copper wire and from all foreign falling within the broad catagory listed. ministration will make every effort to substances. assure (a) that the Congress and the However, the maximum prices herein (ii) No. 1 heavy copper scrap, trolley public are fully informed thereof, (b) set forth are applicable only to copper wire, or other copper wire of 16 B & S that the powers of Government, both scrap which meets maximum standards wire gauge or larger which is (a) clean, state and federal, are fully exerted in for such grades generally accepted in the free from tin, solder, brazing and all other order to protect the public interest and trade, as for instance the standards set foreign substances, (b) cut or bundled the interests of those persons who comply forth in the Standard Classification for in lengths not exceeding 16 inches, and with this Schedule, (c) that full advan­ Old Metals, Circular O of the National (c) in a shape suitable for charging into tage will be taken of the cooperation of Association of Waste Material Dealers, a crucible or electric furnace. 5220 (2) Premium on shipments of 40,000 the specific user has been approved by the pounds or more at one time— y2

Price per Off loom Cloth count Type of fabric Warp Filling yard f. o. b. Price per width (grey) manufac­ yardf.o. b. 0 3 loom Cloth count Warp Filling turer’s mill Type of fabric width (grey) manufac­ turer’s mill Cents Viscose Tw ill______38" 112 68 20 Cents 40)4" 92 X 64 150 denier viscose_____ 18»^ Acetate Satin. 42" 200 X 72 75 denier acetate______100 denier acetate______25)4 84 X 64 40)4" 150 denier viscose______18 42" 180 X 72 75 denier acetate...... 100 denier acetate___.... 24)4 40M" 72 X 46 150 denier viscose____ 14 42" 180 X 64 75 denier acetate______120 denier acetate______24 42)4" 108 X 64 150 denier viscose____ 20)4 42" 225 X 90 55 denier multi-filament 75 denier multi-filament 27)4 Viscose Taffeta _. _ 39" X 110 44 16)4 acetate. acetate. 39" 96 X 44 150 denier viscose...... 15)4 Acetate TaSeta. 42" 180 X 60 75 denier acetate...... 150 denier acetate______23)4 39" 88 X 44 150 denier viscose._____ 14)4 French crepe... 41" 104 X 72 100 deniermulti-filament 150 denier multi-filament 23)4 39" 68 X 42 150 denier viscose. 12 M pigment viscose. viscose voile twist. 40)4" 84 X 60 150 denier viscose_____ 150 denier viscose______17 Acetate T w ill______37" 120 X 72 22 42" 112 X 68 150 denier acetate 22)4 Ends Picks Acetate Taffeta...... 110 X 39" 48 17)4 Reed in , o3 Pigment Taffeta...... X width 40)4" 92 68 100 denier pigment vis­ 150 denier pigment vis­ 18 loom loom cose. cose. 43)4" 92 X 64 100 denier pigment vis-, 150 denier pigment vis­ 18)4 cose. cose. French crepe. 43)4" 150 X 94 75 denier acetate. 75 denier viscose voile 28)4 40)4" 72 X 56 160 denier pigment vis­ 150 denier pigment vis­ 15)4 twist. cose. cose. Acetate suiting...... 43)4" 102 X 48 150 denier acetate. 300 denier acetate__ .... 23)4 Viscose Satin______40" 140 X 64 100 denier viscose 150 denier viscose 22 Spun rayon filled poplin. 43)4" 108 X 48 150 denier acetate. 14 s/1 spun viscose...... 23)4 40" 140 X 56 100 denier viscose 21 40" no X 48 150 denier viscose 150 denier viscose______17 42)4" 180 X 72 150 denier viscose______150 denier viscose______28)4 FEDERAL REGISTER, Tuesday, October 14, 1941 5221

§ 6.6 Special authorization^ for licen­ Cloth count ses, etc. (a) Except with respect to the (grey) Price per yard f. o. b- departure of a vessel for which a depar­ Reed Warp Filling manufac­ Type of fabric width ture permit is required by § 6.7 of the Ends Picks turer’s in o3 mill regulations in this part, no vessel shall loom loom depart from any port or place in the United States, or from any port or place CREPE Cents subject to the jurisdiction of the United 46" 110 X 64 1% denier acetate______100 denier viscose crepe 27 States, for a point outside the territorial twist. 45" 135 X 64 100 denier acetate______100 denier viscose crepe waters of the United States unless the twist. owner, agent, or master of such vessel 48" 90x48 160 denier acetate...... 150 denier viscose crepe 23)$ twist. shall first obtain from the captain of All-Viscose______...... 44" 160x76 76 denier pigment vis- 75 denier viscose crepe 29 the port in whose jurisdiction the vessel cose. twist. 45" 114 X 68 100 denier multi-filament 100 denier viscose crepe 27)$ is to depart ajicense authorizing such pigment viscose. twist. departure. 03-loom (b) Except with respect to the depar­ SHEERS ture of a vessel for which a departure Ends J Picks permit is required by § 6.7 of the regu­ lations in this part, or for which a

Cuprammonium triple- 46" 104 X 72 75 denier cuprammo- 75 denier cuprammo- 27 departure license is required by para­ sheer. nium crepe twist. nium. graph (a ) of this section, no vessel shall 46" 104 X 72 75 denier viscose crepe 75 denier viscose...... 25)$ twist. move in territorial waters of the United Cuprammonium triple- 48" 104 X 72 75 denier cuprammo- 75 denier cuprammo- 28 States unless the owner, agent, or master sheer. nium crepe twist. nium. 48" 104 X 72 75 denier viscose crepe 75 denier viscose______26)$ of such vessel shall first obtain from the twist. captain of the port in whose jurisdiction Viscose georgette...... 60" 80x7275 denier viscose crepe 75 denier viscose crepe 28 twist. twist. the vessel is to move a license authoriz­ ing such movement. The captain of the port may, in his discretion, issue one li­ cense covering the requirements of this paragraph and paragraph (a) of this color of hair and eyes, such card to be TITLE 33—NAVIGATION AND NAVI­ section. GABLE WATERS furnished by the captain of the port or (c) Every application for license under CHAPTER I—COAST GUARD the identification data shown thereon to the provisions of this section shall be be in a form acceptable to him. In lieu P a r t 6— A n c h o r a g e R e g u l a t io n s filed with the captain of the port in du­ of such card, the captain of the portlhay, plicate and shall include a statement REGULATIONS FOR THE CONTROL OF VESSELS in his discretion, accept any other satis­ by the owner, agent, or master of such IN THE TERRITORIAL WATERS OF THE factory means of identification, such as vessel describing the purpose for which UNITED STATES a continuous discharge book, or a cer­ the vessel is to be operated and its des­ Pursuant to the authority contained in tificate of identification issued under au­ tination or the area in which it will section 1, Title n of the Espionage Act, thority of section 4551 of the Revised operate. If the capain of the port-finds approved June 15, 1917, 40 Stat. 220 Statutes, as amended (U.S.C. title 46, that the granting of a license under the (U.S.C. title 50, sec. 191), and by virtue sec. 643), or a passport. The captain of circumstances would not be inimical to of a Proclamation issued on the twenty- the port is further authorized, in his dis­ the interests of national defense and of seventh day of June, 1940 (5 F.R. 2419), cretion, to exempt any or all persons on the safety and protection of vessels or the Regulations relating to the control board of any such vessel, or any or all the territorial waters, he shall approve of vessels in the territorial waters of the persons on board any class of vessels, the application by endorsing it accord­ United States (5 P.R. 2442), issued by the from the requirement of personal iden­ ingly and shall return to the owner, Secretary of the Treasury and approved tification. He may also, upon notifica­ agent, or master one copy thereof so en­ by the President on June 27, 1940, are tion to the owners, agents, masters, or dorsed. An application when so ap­ hereby amended as follows: operators thereof, exclude individual ves­ proved shall constitute a license to de­ Section 4 is amended to read as follows: sels from a class of vessels to which is part or move for the purpose and to the § 6.4 Inspection and search, (a ) “ The granted a general exemption from the destination or in the area specified in captain of the port or other officer desig­ requirement of personal identification. the application. Such license shall be carried on the vessel for which it is nated by the Secretary of the Treasury For the purposes of this paragraph, the issued while the vessel is operated, shall pursuant to § 6.2 hereof is hereby author­ Commandant, with the approval of the be exhibited for inspection upon the re­ ized to cause to be inspected and searched Secretary of the Treasury, may classify quest of any officer charged with the en­ at any time any vessel, foreign or domes­ vessels as provided in § 6.6 (d ). The forcement of the regulations in this part, tic, or any person or package thereon, issuance of identification cards and the and shall be valid for repeated depar­ within the territorial waters of the exercise of discretion by captains of ports tures or movements of the subject ves­ United States, and to remove therefrom with respect to the identification require­ sel for the same purpose and to the same any or all persons not specially author­ ments contained in this paragraph shall destination or area until revoked by the ized by him to go or to remain on board be subject to the supervision of the Sec­ issuing officer or until the expiration of thereof. retary of the Treasury, acting through the time limit, if any, fixed in the li­ (b) Every person on board any vessel, cense. The captain of the port who is­ foreign or domestic, within the territorial the Commandant of the Coast Guard, and the Commandant may, subject to sued the license, or any captain of the waters of the United States shall carry port in whose jurisdiction the vessel may personal identification papers satisfac­ approval by the Secretary of the Treas­ ury, issue such instructions to captains be, may revoke a license by notice to the tory to the captain of the port consisting holder thereof if he shall find that (1) of the port as he may deem necessary to of a card to which is affixed the photo­ there has been any violation of the terms graph of the bearer and containing such provide general uniformity. thereof, or (2) any person on board of identifying data as name, signature, fin­ Section 6, to be effective fifteen days the subject vessel has failed to com­ gerprint, date and place of birth, nation­ after the date of publication in the F e d ­ ply with the identification requirements ality, alien registration number (in the e r a l R e g is t e r , is amended to read as of § 6.4 (b) of the regulations in this case of resident aliens), height, weight, follows: part, or (3) further exercise of the li- 5222 FEDERAL REGISTER, Tuesday, October 14, 1941 cense would be inimical to the interests graph to the regulations for anchorages of national defense or of the safety and in general under the General Rules and Notices protection of vessels or the territorial Regulations which is designated § 7.5 (b) waters. The issuance and revocation of (13) (designation is to numbering as it licenses by captains of the port shall be will appear in Code of Federal Regula­ WAR DEPARTMENT. subject to the supervision of the Secre­ tions, title 33, chapter I, part 7; the new [Contract No. W 535 ac-20270] tary of the Treasury, acting through the paragraph is added following paragraph Commandant of the Coast Guard, and 11 of part I under subdivision A of the S u m m a r y of C ontract for S upplies ' the Commandant may, subject to ap­ aforementioned regulations as they contractor: l in k a viatio n devices, INC., proval by the Secretary of the Treas­ appear in 5 F.R. 4401 and paragraph 12 BINGHAMTON, NEW YORK ury, issue such instructions to the cap­ added by the amendment approved tain of the port as he may deem neces­ Contract for: * * * Trainers, June 17, 1941, 6 F.R. 2992), and which * * * sary to provide general uniformity. shall read as follows: (d) The Commandant of the Coast Amount: $12,309,930.00. § 7.5 General rules and regulations. Place: Matériel Division, Air Corps, Guard, with the approval of the Secre­ * ♦ * * * tary of the Treasury, may issue a gen­ U. S. Army, Wright Field, Dayton, Ohio. eral license for any class or classes of (b) (13) Whenever the captain of the The supplies and services to be ob­ vessels for which a departure or move­ port finds that the mooring of any ves­ tained by this instrument are authorized ment license is required by this section sel to a wharf, dock, pier, or other water by, are for the purpose set forth in, and if he finds that the granting of such a front structure would endanger such ves­ are chargeable to Procurement Authori­ general license would not be inimical to sel, or any other vessel, or the harbor, or ties AC 30 P85-30 A0705-12, and AC the interests of national defense and of would be inimical to the maritime inter­ 818 P130-30 A0021-13, the available bal­ the safety and protection of vessels or ests of the United States, or the national ance of which is sufficient to cover cost the territorial waters; he may exclude defense, by reason of conditions existing of same. individual vessels from a general license on or about such wharf, dock, pier, or This contract,1 entered into this second at the time of issuance or subsequently other water front structure, including, day of September, 1941. upon notification to the owners, agents, but not limited to, inadequate guard Scope of this contract. The contrac­ masters, or operators thereof: Provided, service, insufficient lighting, fire hazards, tor shall furnish and deliver to the Gov­ That any vessel so excluded may never­ inadequate fire protection, unsafe ma­ ernment * * * Trainers, * * *, theless be granted a license under the chinery, internal disturbance, or unsatis­ for the consideration stated twelve mil­ provisions of paragraphs (a), (b) and factory operation, the captain of the port lion, three hundred nine thousand, nine (c) of this section; and he may revoke may prevent the mooring of any vessel to hundred thirty dollars ($12,309,930.00) any general license if he finds that con­ such wharf, dock, pier, or other water in strict accordance with the specifica­ tinuance of the license in force would be front structure until the unsatisfac­ tions, schedules and drawings, all of inimical to such interests. For the pur­ tory condition or conditions so found are which are made a part hereof. poses of this section, the Commandant, corrected, and he may, in the case of a Changes. Where the supplies to be with the approval of the Secretary of the like finding after any vessel has been furnished are to be specially manufac­ Treasury, may classify vessels upon any moored, compel the shifting of such ves­ tured in accordance with drawings and reasonable basis, including, but not sel from any such wharf, dock, pier, or specifications, the contracting officer may limited to, control, ownership, use, area other water front structure. at any time, by a written order, and of operation, type, length, beam, draft, [ se al] H. M o r g enth au, Jr., without notice to the sureties, make or tonnage. Secretary of the Treasury. changes in the drawings or specifications, except Federal Specifications. Changes Section 7 is amended to read as fol­ Approved: as to shipment and packing of all sup­ lows: F r a n k l in D R oosevelt plies may also be made as above provided. The White House, Oct. 7, 1941. § 6.7 Clearance required for depar­ Delays— Damages. I f the contractor ture. No vessel shall depart from any [F. R. Doc. 41-7677; Filed, October 13, 1941; refuses or fails to make deliveries of the port or place in the United States, or 10:39 a. m.] materials or supplies within the time from any port or place subject to the specified in Article 1, or any extension jurisdiction of the United States, on a thereof, the Government may by written voyage for which clearance by a customs TITLE 36—PARKS AND FORESTS notice terminate the right of the con­ officer of the United States is required tractor to proceed with deliveries or such or for which no such clearance is re­ CHAPTER I—NATIONAL PARK part or parts thereof as to which there quired because the vessel is exempted SERVICE has been delay. from making entry by section 441 (4) P art 20— S pecial R eg u lat io n s Payments. The contractor shall be of the Tariff Act of 1930, 46 Stat. 712, paid, upon the submission of properly as amended (U.S.C., Sup. V, title 19, sec. OCMULGEE NATIONAL MONUMENT certified invoices or vouchers, the prices 1441 (4)), unless the principal customs Speed Regulation stipulated herein for articles delivered officer in charge of the port of departure and accepted or services rendered, less Pursuant to the authority contained in shall have been authorized by the Sec­ deductions, if any, as herein provided. the Act of August 25, 1916 (39 Stat. 535, retary of the Treasury to permit depar­ Unless otherwise specified, payments will 16 U.S.C. 3), and the Act of June 14, ture. be made on partial deliveries accepted by 1934 (48 Stat. 959, 16 U.S.C. 447c), the the Government when the amount due P art 7— A nchorage and M o vem en ts of the following regulation is prescribed on such deliveries so warrants; or, when V essels and t h e L ading and D ischarg­ for Ocmulgee National Monument, to be­ requested by the contractor, payments in g of E xplo sive or I n fla m m a ble M a­ come effective immediately: terial, or O ther D angerous C argo for accepted partial deliveries shall be § 20.39 Ocmulgee National Monu­ made whenever such payments would Pursuant to the authority contained in ment, speed. Speed of automobiles and equal or exceed either $1,000 or 50 percent section 1, Title I I of the Act of June 15, other vehicles, except ambulances and of the total amount of the contract. 1917, 40 Stat. 220 (U.S.C. title 50, sec. Government cars on emergency trips, is Advance payments. Advance pay- 191), and a Proclamation issued June 27, limited to 25 miles per hour. (39 Stat. ments may be made from time to time 1940, the Rules and Regulations Govern­ 535, 48 Stat. 959, 16 U.S.C. 3, 447c) for the supplies called for, when the Sec­ ing the Anchorage and Movements of Approved: October 3, 1941. retary of W ar deems such action neces­ Vessels and the Lading and Discharging sary in the interest of the national of Explosives or Inflammable Material, [ seal] J o h n J. D e m p s e y , defense: Provided, however, That the or Other Dangerous Cargo, approved Under Secretary. October 29,1940 (5 F.R. 4401), are hereby [F. R. Doc. 41-7643; Filed, October 11, 1941; * Approved by the Under Secretary of War amended by the addition of a new para­ 9:54 a. m.] September 10, 1941. FEDERAL REGISTER, Tuesday, October 14, 1941 5228

total amount of money so advanced shall as to shipment and packing of all sup­ [Contract No. W 398 qm-11; O. I. No. 11] not exceed thirty (30) percentum of the plies may also be made as above provided, S u m m a r y of C ontract for S u p p l ie s contract price of the articles called for, Delays— Damages. If the contractor and that such advances, if made shall refuses or fails to make deliveries of the contractor: Rogers brothers corpo­ be upon such terms and conditions and materials or supplies within the time r atio n, ALBION, PA. with such adequate security as the Sec­ specified in Article 1, or any extension Contract for: Trailers, * * * retary of W ar shall prescribe. thereof, the Government may by written Amount: $1,425,695.00. Termination when contractor not in notice terminate the right of the con­ Place: Holabird Quartermaster Depot, default. If, in the opinion of the con­ tractor to proceed with deliveries or Baltimore, Maryland. tracting officer upon the approval of the such part or parts thereof as to which This contract, entered into this 11th Secretary of War, the best interests of there has been delay. day of August, 1941. the Government so require, this contract Payments. The contractor shall be Scope of this contract. The contractor may be terminated by the Government, paid, upon the submission of properly shall furnish and deliver * * * even though the contractor be not in certified invoices or vouchers, the prices Trailers Grand Total $1,425,695.00 in default, by a notice in writing relative stipulated herein for articles delivered strict accordance with the specifications, thereto from the contracting officer to and accepted or services rendered, less schedules and drawings, all of which are the contractor. deductions, if any, as herein provided. made a part hereof. This contract authorized under the Unless otherwise specified, payments will Changes. Where the supplies to be provisions of section 1 (a), Act of July 2, be made on partial deliveries accepted furnished are to be specially manufac­ 1940 and section 9, Act of June 30, 1941. by the Government when the amount tured in accordance with drawings and due on.such deliveries so warrants; or, specifications, the contracting officer may P r ank W . B u l l o c k , when requested by the contractor, pay­ at any time, by a written order, and with­ Lieut. Col., Signal Corps, ments for accepted partial deliveries shall out notice to the sureties, make changes Assistant to the Director of be made whenever such payments would in the drawings or specifications, except Purchases and, Contracts. equal or exceed either $1,000 or 50 per­ Federal Specifications. Changes as to [F. R. Doc. 41-7642; Filed, October 11, 1941; cent of the total amount of the contract. shipment and packing of all supplies may 9:39 a. m.] Advance payments. Advance pay­ also be made as above provided. ments may be made from time to time Delays-Damages. If the contractor for the supplies called for, when the Sec­ refuses or fails to make deliveries of the [Contract No. W 535 ac-20899] retary of W ar deems such action neces­ materials or supplies within the time S u m m a r y of C ontract for S u p p l ie s sary in the interest of the National De­ specified in Article 1, or any extension fense: Provided, however, That the total thereof, the Government may by written contractor: the leece- n e v il l e c o m p a n y , amount of money so advanced shall not notice terminate the right of the con­ CLEVELAND, OHIO exceed 30 per centum of the contract tractor to proceed with deliveries or such Contract for: General Assemblies and price of the articles called for, and that part or parts thereof as to which there Data. such advances, if made, shall be upon has been delay. Amount: $1,704,250.00. such terms and conditions and with such Payments. The contractor shall be Place: Materiel Division, Air Corps, adequate security as the Secretary of paid, upon the submission of properly U. S. Army, Wright Field, Dayton, Ohio. W ar shall prescribe. certified invoices or vouchers, the prices The supplies and services to be obtained Options. The Government is granted stipulated herein for articles delivered by this instrument are authorized by, the right and option at any time during and accepted or services rendered, less are for the purpose set forth in, and are the life of this contract to increase the deductions, if any, as herein provided. chargeable to the following Procurement quantity of generator assemblies called Unless otherwise specified, payments will Authorities, the available balances of for under the terms of Article 16 of this be made on partial deliveries accepted by which are sufficient to cover cost of same: contract to any quantity set forth herein, the Government when the amount due and in the event of the exercise of this on such deliveries so warrants; or, when AC 34 P 12-30 A 0705-12 option the unit price of each assembly requested by the contractor, payments AC 28 P 82-30 A 0705-12 furnished not exceeding the maximum AC 26 P 81-30 A 0705-12 for accepted partial deliveries shall be quantity set forth herein shall be the made whenever such payments would AC 299 P 112-30 A 0021-13 unit price specified herein for the total equal or exceed either $1,000 or 50 per­ This contract,1 entered into this 27th quantity of assemblies to be purchased. cent of the total amount of the contract. day of August, 1941. Termination when contractor not in Variations. Quantities listed hereon Scope of this contract. The con­ default.—If, in the opinion of the con­ are subject to increase (or decrease) of tractor shall furnish and deliver to the tracting officer upon the approval of the not to exceed * * *% . This option Government * * * Generator As­ Secretary of War, the best interests of to remain in effect until * * *. semblies and Data for the consideration the Government so require, this contract stated one million seven hundred four may be terminated by the Government, The supplies and services to be ob­ thousand two hundred fifty dollars ($1,- even though the contractor be not in tained by this instrument are authorized 704,250.00) in strict accordance with the default, by a notice in writing relative by, are for the purpose set forth in, and specifications, schedules and drawings, thereto from the contracting officer to are chargeable to procurement authority all of which are made a part hereof. the contractor. QM-22000 P 243-30 A 0022-13 the available balance of which is sufficient to Changes. Where the supplies to be This contract authorized under the cover cost of same. furnished are to be specially manufac­ provisions of section 1 (a), Act of July This contract authorized under section tured in accordance with drawings and 2, 1940 as amended by section 9, Act of specifications, the contracting officer may 1 (a ), Act of July 2, 1940 (Public No. 703, June 30, 1941. 76th Congress). at any time, by a written order, and F r a n k W . B u l l o c k , without notice to the sureties, make F r a n k W. B u l l o c k , changes in the drawings or specifications, Lieut. Col., Signal Corps, Lieut. Col., Signal Corps, except Federal Specifications. Changes Assistant to the Director of Assistant to the Director of Purchases and Contracts. Purchases and Contracts.

SeptPio°Vl 94lby the Under Secretary of War [F. R. Doc. 41-7641; Filed, October 11, 1941; [F. R. Doc. 41-7640; Filed, October 11, 1941; 9:38 a. m.J 200----- 4 9:38 a. m.] 5224 FEDERAL REGISTER, Tuesday, October 14, 1941

[Contract No. W 535 ao-20284; 5333] (c) Advances. The Government, as Place: Matériel Division, Air Corps, U. S. Army, W right Field, Dayton, Ohio. S u m m a r y o p C ost P l u s a F ixed F ee S u p ­ requested by the Contractor from time to The supplies and services to be obtained p l y C ontract time, shall make advance payments to the Contractor, without payment of in­ by this instrument are authorized by, are contractor: DOUGLAS aircraft c o m p a n y , terest thereon by the Contractor, of such for the purpose set forth in, and are INC., SANTA MONICA, CALIFORNIA sums as may be requested by the Con­ chargeable to Procurement Authority AC Contract for: * * * Airplanes, tractor and approved by the Contracting 30 P 85-30 A 0705-12, the available bal­ * * * Spare parts and data. Officer, the aggregate of which shall not ance of which is sufficient to cover cost Estimated cost: $20,502,918.21. exceed thirty per centum (30%) of the of same. Fixed-Fee: $1,230,175.10. estimated cost of the work under this This contract,1 entered into this 29th The supplies and services to be obtained contract. Such advances shall be made day of July, 1941. by this instrument are authorized by, and upon such terms and conditions and with Scope of this contract. The contrac­ for the purpose set forth in, and are such security as the Secretary of the W ar tor shall furnish and deliver to the Gov­ chargeable to the following Procurement shall prescribe. ernment * * * Parachutes and Authorities, the available balances of A r t. 9.—Termination of contract by Parachute Equipment for the considera­ which are sufficient to cover the cost of Government. Should the Contractor at tion stated one million three hundred sev­ the same: any time refuse, neglect, or fail to prose­ enty-three thousand two hundred fifty cute the work with promptness and dili­ AC 34 P 12-3037 A 0705-01 dollars ($1,373,250.00) in strict accord­ gence, or default in the performance of ance with the specifications, schedules AC 28 P 82-3037 A 0705-01 any of the agreements herein contained, and drawings, all of which are made a or should conditions arise which make This contract,1 entered into this 26th part hereof. day of August, 1941. it advisable or necessary in the interest of the Government that work be discon­ Changes. Where the supplies to be A rticle 1.— Statement of work. The furnished are to be specially manufac­ tinued under this contract, the Govern­ Contractor shall, within the time speci­ tured in accordance with drawings and fied in article 4 hereof, manufacture, fur­ ment may terminate this contract by a notice in writing from the Contracting specifications, the contracting officer may nish and deliver to the Government the at any time, by a written order, and with­ Officer to the Contractor. following articles: out notice to the sureties, make changes A rt. 22.—Title to property.—The title Item 1 * * * Airplanes, * * * in the drawings or specifications, except Item 2 * * * Spare parts and to all work under this contract, com­ pleted or in the course of manufacture or Federal Specifications. Changes as to data shipment and packing of all supplies may A rt. 2.—Estimated costs assembly at the Contractor’s plant, shall be in the Government. Upon deliveries also be made as above provided. Quantity: Estimated cost at the Contractor’s plant, or at an ap­ Delays-Damages. I f the contractor * * * A ir p la n e s refuses or fails to make deliveries of the * * * ______$17,828,624.64 proved storage site, title to all purchased Spare Parts for Airplanes— 2,674,293.57 materials, parts, assemblies, sub-assem­ materials or supplies within the time Data______— No cost blies, tools, machinery, equipment and specified in Article 1, or any extension thereof, the Government may by written A rt. 3.— Consideration. The Govern­ supplies, for which the Contractor shall notice terminate the right of the con­ ment will pay the Contractor upon satis­ be entitled to be reimbursed hereunder tractor to proceed with deliveries or such factory delivery of all items specified in shall vest in the Government. part or parts thereof as to which there this contract, subject to reimbursements A r t. 24.—Fire insurance. The Con­ has been delay. for cost, as outlined in Article six (6) tractor agrees unless and until other­ hereof, the cost, plus a fixed-fee of one wise directed in writing by the Contract­ Payments. The contractor shall be million two hundred thirty thousand one ing Officer to insure against fire all prop­ paid, upon the submission of properly hundred seventy-five and 10/100 Dollars, erty in its possession upon which an ad­ certified invoices or vouchers, the prices ($1,230,175.10). vance payment or a payment in reim­ stipulated herein for articles delivered bursement for cost is about to be made, and accepted or services rendered, less A rt. 5.— Changes. The Contracting deductions, if any, as herein provided. Officer may, at any time, by a written such insurance to be in a sum at least Unless otherwise specified, payments will order, make changes in or additions to equal to the amount of such payment be made on partial deliveries accepted by the drawings and specifications, issue ad­ plus all other advance payment or pay­ the Government when the amount due ditional instructions, require additional ments in reimbursements for cost, if any, on such deliveries so warrants; or, when work, or direct the omission of work cov­ theretofore made thereon, and further requested by the contractor, payments for ered by the contract. agrees to keep such property so insured until the same is delivered to the Gov­ accepted partial deliveries shall be made A rt. 6.— Payments— (a ) Reimburse­ ernment. whenever such payments would equal or ment for cost. The Government will exceed either $1,000 or 50 percent of the This contract authorized under the currently reimburse the Contractor for total amount of the contract. such expenditures made in accordance provisions of section 1 (a), Act of July Option. The Government is granted with Article 3 as may be approved or 2, 1940, and section 9, Act of June 30, the right and option at any time within ratified and upon certification to and 1941. * * * days from and after date of verification by the Contracting Officer of F r a n k W. B u l l o c k , approval of this contract to increase the the original signed payrolls for labor, the Lieut. Col., Signal Corps, quantity or quantities of the supplies original paid invoices for materials or Assistant to the Director of called for herein at not more than the other original papers. Purchases and Contracts. unit prices stated, by any amount that (b) Payment of the fixed fee. Ninety [P. R. Doc. 41-7639; Filed, October 11, 1941; would not exceed * * * percent of per cent (90) of the fixed fee set forth 9:37 a. m.] the entire contract price stipulated, said in paragraph (a) of Article 3 hereof, increase to be applied as to all or any shall be paid as it accrues, in monthly item or items at the option of the Gov­ installments. Upon completion of the [Contract No. W 535 ac-20223; 5273] ernment. work and its final acceptance, any unpaid Termination when contractor not in balance of the fee, including the additions S u m m a r y of C ontract for S u p p l ie s default. If, in the opinion of the con­ thereto, if any, to which the Contractor contractor ir v in g air c h u t e c o m p a n y : , tracting officer upon the approval of the may be entitled, as provided in said INC., 1670 JEFFERSON AVENUE, BUFFALO, Secretary of War, the best interests of paragraph (a) of Article 3 shall be paid NEW YORK the Government so require, this contract to the Contractor. Contract for: Parachutes and Para­ may be terminated by the Government, even though the contractor be not in de­ 1 Approved by the Under Secretary of War chute Equipment. September 6, 1941. Amount: $1,373,250.00. fault, by a notice in writing relative FEDERAL REGISTER, Tuesday, October 14, 1941 5225

thereto from the contracting officer to the Government, for the manufacture of Title I the Contractor shall receive the the contractor. * * * tons of anhydrous ammonia or following: * * * tons of ammonium nitrate per T h is contract authorized under the 1. Reimbursement for expenditures as day of 24 hours. provisions of section 1 ( a ) , Act of July 2, provided in Title V. 2. Said Plant shall consist of the neces­ 1940 and section 9, Act of June 30, 1941. 2. A fixed-fee in the amount of forty sary buildings and structures, together five thousand dollars ($45,000.00) which P r ank W. B u l l o c k , with necessary utilities and appurte­ shall constitute complete compensation Lieut. Col., Signal Corps, nances thereto, and all equipment neces­ for the Contractor’s services, including Assistant to the Director of sary or appropriate in and about a plant profit. Purchases and Contracts. for the manufacture of ammonium ni­ [F. R. Doc. 41-7638; Piled, October 11, 1941; trate of the capacity above stated, all T it l e II— Procurement of Production 9:37 a. m.] of which is more particularly described Equipment in Appendix A which is attached hereto A rt. II-A .— Statement of work. The and specifically made a part hereof. Contractor shall, in the shortest reason­ [Contract No. W-ORD-539] A rt. I-B.— Statement of work. 1. The able time, determine the production Contractor shall, in the shortest reason­ Su m m ar y of C o st-P l u s - a -F ix e d -F ee equipment requirements for the Plant able time, furnish the labor, materials, and shall, subject to the approval of the N e w O rdnance F a c il it y C onstruction tools, machinery, equipment, facilities, and O peration C ontract Contracting Officer, thereupon proceed utilities, supplies not furnished by the to do all things necessary and incident contractor: th e m il it a r y c h em ical Government, and services, and do all to the procurement of the production WORKS, INC., KANSAS CITY, MISSOURI things necessary for the completion of a equipment required, by subcontract or Plant of the type and capacity described Contract for: Furnishing management otherwise. in Article I-A hereof. service (including subcontracts for archi­ A rt. II-B.— Estimates. It is estimated 2. In the performance of the work de­ tect-engineer services and construction of that the total cost under this Title II scribed in section 1 of this Article I-B, a new ordnance facility and installation will be approximately six million four the Contractor shall: of equipment therein), procuring pro­ hundred fifty-eight thousand one hun­ duction equipment, training key person­ a. Furnish management service cover­ dred dollars ($6,458,100.00) exclusive of nel for and operating a new ordnance ing supervision, direction and control of the Contractor’s fee. facility for the manufacture of anhy­ the designing (including designing of A rt. II-C .— Consideration. As consid­ drous ammonia, or ammonium nitrate. the production equipment), engineering eration for its undertaking under this Place: Vicinity cf Baxter Springs, and construction (including the installa­ Title II the Contractor shall receive the Kansas. tion of the production equipment) of the following: Estimated Cost of management service Plant, and subject to the approval of the 1. Reimbursement for expenditures as including cost of architect-engineer and Contracting Officer, establish, equip and provided in Title V. construction subcontracts) under Title maintain adequate guard and fire fight­ 2. A fixed-fee in the amount of fifty- I: $10,150,600.00. ing forces. five thousand dollars ($55,000.00), which Fixed-Fee for management service un­ b. Subcontract, on forms prescribed shall constitute complete compensation der Title I: $45,000.00. by The Quartermaster General, for Ar­ for the Contractor’s services. Estimated Cost of procuring equipment chitect-Engineer services covering design under Title II: $6,458,100.00. (including necessary design of produc­ T it l e III —Training of Key Personnel Fixed-Fee for procuring equipment un­ tion equipment) and engineering and ( Optional) der Title II: $55,000.00. subcontract for the construction (includ­ A rt. III-A.—Statement of work. The Estimated Cost of Training Key Per­ ing the installation of production equip­ obligation of the Contractor to proceed sonnel under Title I I I (Optional) : $50,- ment) of the Plant, with subcontractors with the work under this Title III shall 000.00. selected by The Quartermaster General be conditioned upon receipt by the Con­ Fixed-Fee for Training Key Personnel and approved by the Contractor. tractor of notice in writing from the Con­ under Title III: $1.00. 4. The Government shall furnish the tracting Officer so to do. Upon receipt Estimated Cost of operation under Contractor such available schedules of by the Contractor of such notice, the Title IV (Optional) : $1,920,000.00. preliminary data, layout sketches, and Contractor shall hire or select the key Fixed-Fee for operation under Title IV : other available information respecting personnel necessary for the operation of $ * * * per ton. sites, topography, soil conditions, outside the Plant, and when such personnel is The new ordnance facility, services and utilities and equipment, and shall make available shall proceed to train such per­ supplies to be obtained by this instru­ available to the Contractor such Govern­ sonnel by subcontract or otherwise, in ment are authorized by, are for the pur­ ment designs, drawings, specifications, the duties and functions of their respec­ poses set forth in, and are chargeable to details, standards and safety practices as tive positions, at the Contractor’s plants, the following procurement authorities, are on hand in the offices of the Chief at Ordnance establishments, or else­ the available balances of which are suffi­ of Ordnance and The Quartermaster where, in order that they will have ob­ cient to cover the cost of the same: General and are applicable to the design, tained experience with the processes and ORD 51229 P531-32 A-0025-13 construction, and equipping of the said operations involved in the Plant at any ORD 27071 P2-99 A-0141-02 Plant. time when the Government shall exer­ ORD 27072 P2-99 A-0141-02 5. All of the Contractor’s notes and cise its option under section 1 of Article TV-A of Title TV. This contract,1 entered into this 10th other data concerning the design, con­ A r t. III-B.— Estimate. It is estimated day of September 1941. struction and equipping of the Plant shall become the property of the Government. that the cost of the work under this Title III will be approximately fifty TItle I — Management Service A rt. I-C.— Estimates. It is estimated that the total cost of the work under this thousand dollars ($50,000.00), exclusive A rticle I-A.—Description of new ord­ of the Contractor’s fee. nance facility. 1. The new ordnance Title I will be approximately ten million A rt. m-C.— Consideration. As con­ facility, hereinafter referred to as the one hundred fifty thousand six hundred sideration for its undertaking under this “Plant”, and designated as Jayhawk dollars ($10,150,600.00), including the Title III the Contractor shall receive the Ordnance Works, shall comprise a plant cost of all subcontracts but excluding following: near Baxter Springs, Kansas, upon a site the Contractor’s fee and the procurement to be furnished and made available by of production equipment provided for in 1. Reimbursement for expenditures as Title II hereof. provided in Title V. 1 Approved by the Under Secretary of War A rt. I-D.— Consideration. As consid­ 2. A fixed-fee of one dollar ($1.00) Sept. 18, 1941 eration for its undertaking under this which shall constitute complete com« 5226 FEDERAL REGISTER, Tuesday, October 14, 1941 pensation for the Contractor’s services A rt. IV-C— Consideration. As consid­ Ordnance as to the necessity therefor, under this Title III, including profit. eration for its undertaking under this shall advance to the Contractor without Title IV the Contractor shall receive the payment of interest thereon by the Con­ T itle IV— Operation of Plant following: (Optional) tractor, a sum or sums not in excess of 1. Reimbursement for expenditures as thirty percent (30%) of the estimated A rt. IV-A.—Statement of work. 1. cost of the work under this contract (as The obligaticm of the Contractor to pro­ provided in Title V hereof. 2. A fixed-fee for the work under sec­ increased or decreased pursuant to the ceed with tlie work under this Title IV tion 3 of Article IV-A of this Title IV of provisions of Article VII-B of Title VII shall be conditioned upon receipt by * * * per ton on the initial quantity or as increased pursuant to the provi­ the Contractor within * * * months sions of Article IV -A of Title I V ). after the date of approval of this con­ of ammonium nitrate produced here­ tract-of the notice provided for in sec­ under and accepted by the Government; T itle VI— Termination which fee shall constitute complete com­ tion 1 of Article n i - A of Title III hereof pensation (except for continued opera­ A rt. VI-A.— Termination by Gov­ and receipt by the Contractor of notice in tion) for Contractor’s services. ernment. The Government may termi­ writing from the Contracting Officer nate this contract at any time by a notice so to do. Immediately upon receipt by T itle V— Cost of the Work and Payment in writing from the Contracting Officer the Contractor of such last mentioned Therefor. to the Contractor. notice, and concurrently with the per­ A rt. V-A —Reimbursement for con­ A rt. VI-B.—Disposition of plant. 2. formance of the work required of it un­ tractor’s expenditures. The Contractor At any time within five years after the der Titles I, II and HI hereof, the Con­ shall be reimbursed in the manner here­ compietion of the entire Plant, and its tractor shall undertake all preparations inafter described for such of its actual necessary for the subsequent operation acceptance by the Government, which­ expenditures in the performance of the ever is last in point of time, the Contrac­ of the Plant, including the necessary work under this contract, as may be tor shall have the right and option, to be training of personnel for such operation approved or ratified by the Contracting exercised by written notice from the Con­ in addition to the key personnel trained Officer. tractor to the Contracting Officer, to pursuant to Title i n hereof, and all other A rt. V-B.— Payments—Reimbursement purchase the Plant (including land and services incident to setting up an effi­ fo r cost. 1. a. The Government will cur­ easements acquired in connection there­ cient and going operating force. rently reimburse the Contractor for with) at a price equal to the total cost 2. As each operating unit of the Plant expenditures made in accordance with Ar­ of said Plant (including the cost of ac­ is completed and ready for operation and ticle V-A of this Title V, upon certifica­ quiring the land and easements but not the necessary preparation for operation tion and delivery to and verification by including the fixed-fee paid to the Con­ and training of personnel has proceeded the Contracting Officer of the original tractor under Articles I-D and H-C to a point where operation is practica­ signed pay rolls for labor, receipted in­ hereof) to the Government, less an ble the Contractor shall so notify the voices for materials, equipment, etc., or amount representing depreciation, obso­ Contracting Officer in writing and shall other evidence satisfactory to the Con­ lescence, and loss of value due to use for proceed to operate it as directed from tracting Officer. Reimbursement will be National Defense purposes of said Plant; time to time by the Contracting Officer. made as promptly as possible, generally Provided, however, That such right shall 3. Notwithstanding the fact that the weekly, but may be made at more frequent not be exercised so long as the Plant is construction and equipping of the Plant intervals if the conditions so warrant. being used by the Government for the as a whole shall not have been completed, All payments made under this paragraph purposes of the National Defense. when all operating units thereof are com­ a of section 1 shall be subject to the provi­ 6. In the event that the Contractor pleted and ready for operation, the Con­ sions of Article V-C. tractor shall so notify the Contracting shall purchase the Plant under the terms Payment of the fixed-fees. 2. a. The of this Article VI-B, the Contractor Officer in writing, and from and after fixed-fee provided for in Article I-D of the date of said notice the Contractor agrees that so long as and to the extent Title I shall be paid in partial payments, that it owns and operates said Plant for shall operate said Plant for the manu­ less ten percent (10%) of each such par­ facture of * * * tons of ammonium the manufacture of ammonia or am­ tial payment, as it accrues. nitrate which it is estimated will re­ monium nitrate it will make such Plant b. The fixed-fee provided for in Arti­ quire * * * months after the com­ available under the Contractor’s man­ cle II-C of Title I I shall be paid in partial mencement of operation of the Plant. agement for the Government during any payments, less ten percent (10%) of each emergency that may arise. 4. Upon written notice to the Contrac­ such partial payment, as it accrues. tor not less than * * * days before T itle VII— General c. The fixed-fee of one dollar ($1.00) the anticipated completion of the opera­ provided for in Article III-C shall be paid tion provided for in section 3 next above, A rt. VII-B.— Changes. The Contract­ upon the completion of the work provided the Government may, at its option, au­ ing Officer may at any time after con­ thorize the continued operation of the therein. sultation with the Contractor, by a writ­ Plant for the manufacture of such addi­ d. Ninety percent (90%) of the fixed- ten order and without notice to the tional ammonium nitrate as the Govern­ fee provided for in Article IV-C of Title sureties, make changes in or additions to ment may desire within the capacity of IV shall be paid promptly after the close the drawings and specifications, issue ad­ the Plant for an additional period of of the calendar month in which such ditional instructions, require additional * * * months and the Contractor finished product is inspected and ac­ work, or direct the omission of work cov­ shall undertake such continued opera­ cepted. ered by the contract. tions under the terms and conditions of Final payment. 4. Upon completion A rt. VTI-C.— Title. The title to all this contract applicable to the operation of the work under Titles I and IE and work, completed or in the course of con­ of the Plant (including those relating to its final acceptance in writing by the struction, preparation or manufacture the fixed-fee for such additional opera­ Contracting Officer, and again upon the shall be in the Government. Likewise, tion, which fee shall be that provided completion of the work under Title IV, upon delivery at the site of the work, at in section 3 of Article IV-C, hereof). the Government shall pay to the Con­ an approved storage site or other place A rt. IV-B — Estimates. It is estimated tractor the unpaid balance of, the cost approved by the Contracting Officer and that the cost of the work under this Title of the work determined under Title V upon inspection and acceptance in writ­ IV will be one million nine hundred hereof, and of the fees. ing by the Contracting Officer, title to all twenty thousand dollars ($1,920,000.00), A rt. V-C.— Advances. At any time, materials, tools, machinery, equipment exclusive of the cost of continued opera­ and from time to time, after the execu­ and supplies, for which the Contractor tion covered by the option therefor pro­ tion of this contract, the Government, at shall be entitled to be reimbursed under vided in section 4 of Article IV -A hereof, the request of the Contractor, and sub­ Title V hereof shall vest in the Govern­ and exclusive of the Contractor’s fee. ject to the approval of the Chief of ment. FEDERAL REGISTER, Tuesday, October 14, 1941 5227

A rt. V II-F .—Special requirements. its officers were also shareholders of said and related thereto, whether raised by The Contractor hereby agrees that it retailer. amendment, petition for intervention, or will: Procure and thereafter maintain (4) In securing, accepting and retain­ otherwise, and all persons are cautioned such bonds and insurance in such forms ing the distributor’s discounts referred to to be guided accordingly. and in such amounts and for such peri­ in paragraph 2 hereof, the respondent Dated: October 9, 1941. ods of time as the Contracting Officer was in violation of paragraph (d) of the [ seal] H. A. G r ay, may approve or require in writing. Agreement, since said transactions were Director. This contract is authorized by the fol­ not purchases of coal for bona fide resale. lowing laws: The Act of July 2, 1940 (5) In securing, accepting and retain­ [F. R. Doc. 41-7656; Filed, October 13, 1941; 10:04 a. m.] (Public No. 703, 76th Congress) and the ing the distributor’s discounts referred to Act of June 30,1941 (Public No. 139, 77th in paragraph (2) hereof, the respondent Congress). was in violation of paragraph (g) of the Agreement, since said transactions were [Docket No. B-33] F r a n k W . B u l lo c k , entered into between the distributor and Lieut. Col., Signal Corps, I n the M atter of T. E. H arris, C ode his vendee primarily for the purpose of Assistant to the Director of M em ber, defendant unjustly enriching the respondent and Purchases and Contracts. no service of value was rendered by the NOTICE OF AND ORDER FOR HEARING [F. R. Doc. 41-7637; Filed, October 11, 1941; respondent to the code member vendors. A complaint dated September 13,1941, 9:36 a. m.] I t is therefore ordered, That a hearing pursuant to the provisions of sections 4 I I pursuant to § 304.14 of the Rules and (j) and 5 (b) of the Bituminous Coal Act Regulations for the Registration of Dis­ of 1937, having been duly filed on tributors, to determine whether the regis­ September 15, 1941, by Bituminous Coal DEPARTMENT OF THE INTERIOR. tration of said distributor should be re­ Producers Board for District 8, a District Bituminous Coal Division. voked or suspended, or other appropriate Board, complainant, with the Bituminous penalties be imposed, be held on Novem­ ¡Docket No. R-15] Coal Division alleging willful violation by ber 17, 1941, 10 a. m. at a hearing room the defendant of the Bituminous Coal I n the M atter of th e O akland C oal of the Bituminous Coal Division at the Code or rules and regulations thereunder; C o m pan y , R egistered D istr ibuto r , Commodore Perry Hotel, Toledo, Ohio. I t is ordered, That a hearing in respect R egistration N o . 6934, R e spo n d en t I t is further ordered, That W. A. Cuff to the subject matter of such complaint NOTICE OF AND ORDER FOR HEARING or any other officer or officers of the Bi­ be held on November 15,1941, at 10 a. m., tuminous Coal Division designated by the at a hearing room of the Bituminous (1) The Bituminous. Coal Division Director thereof for that purpose shall Coal Division at the Court Room, Federal finds it necessary, in the proper admin­ preside at the hearing in such matter. Building, Catlettsburg, Kentucky. istration of the Bituminous Coal Act of The officer so designated to preside at I t is further ordered, That Charles S. 1937 (the “Act” ) , to determine such hearing is hereby authorized to con­ Mitchell or any other officer or officers of duct said hearing, to administer oaths (a) whether or not the Oakland Coal the Bituminous Coal Division designated and affirmations, examine witnesses, sub­ Company, Registered Distributor, Regis­ by the Director thereof for that purpose poena witnesses, compel their attendance, tration No. 6934, the respondent in the shall preside at the hearing in such mat­ take evidence, require the production of above-entitled matter, whose address is ter. The officer so designated to preside any books, papers, correspondence, mem­ Security Bank Building, Toledo, Ohio, has at such hearing is hereby authorized to oranda or other records deemed relevant violated any provisions of the Act, the conduct said hearing, to administer oaths or material to the inquiry, to continue said Code, the Marketing Rules and Regula­ and affirmations, examine witnesses, sub- hearing from time to time, and to such tions, Rules and Regulations for Regis­ pena witnesses, compel their attendance, places as he may direct by announcement tration of Distributors, and the Distribu­ take evidence, require the production of at said hearing or any adjourned hearing tor’s Agreement (the “Agreement”), any books, papers, correspondence, mem­ or by subsequent notice, and to prepare dated June 20, 1939, executed by the re­ oranda or other records deemed relevant and submit to the Director proposed find­ spondent pursuant to Order of the Na­ or material to the inquiry, to continue ings of fact and conclusions and the rec­ tional Bituminous Coal Commission said hearing from time to time, and to ommendation of an appropriate order in dated March 24, 1939, in General Docket such places as he may direct by an­ the premises, and to perform all other No. 12, which was adopted as an Order nouncement at said hearing or any ad­ duties in connection therewith authorized of the Bituminous Coal Division on July journed hearing or by subsequent notice, by law. 1, 1939, or any orders or regulations of and to prepare and submit to the Director the Division; and Notice of such hearing is hereby given proposed findings of fact and conclusions to said respondent and to all other parties (b) whether or not the registration of and the recommendation of an appropri­ herein and to all persons and entities hav­ said distributor should be revoked or sus­ ate order in the premises, and to perform ing an interest in such proceeding. pended or other appropriate penalties all other duties in connection therewith should be imposed; and for said pur­ Notice is hereby given that answer to authorized by law. poses gives notice that it has information charges contained herein must be filed Notice of such hearing is hereby given to the effect that: with the Bituminous Coal Division at its to said defendant and to all other parties Washington Office or with any one of herein and to all persons and entities (2) The respondent, during the period the field offices of the Division, within having an interest in such proceeding. October 1, 1940 to March 11, 1941, both twenty (20) days after date of service Any person or entity eligible under dates inclusive, purchased approximately thereof on the respondent; and that any § 301.123 of the Rules and Regulations 3252 tons of various sizes of coal from respondent failing to file an answer Governing Practice and Procedure Before code members and secured, accepted and within such period, unless the Director or the Bituminous Coal Division in Pro­ retained distributor’s discounts from the the presiding officer shall otherwise or­ ceedings Instituted Pursuant to sections effective minimum prices of said coal. der, shall be deemed to have admitted 4 I I (j) and 5 (b) of the Bituminous Coal This C0&1 was resold by the respondent to said charges and to have consented to Act of 1937, may file a petition for inter­ the Gallant Lumber and Coal Company, the entry of an appropriate order on vention not later than five (5) days be­ of Toledo, Ohio, a retailer. the basis of the facts alleged. fore the date herein set for hearing on (3) The respondent, during the period All persons are hereby notified that the complaint. referred to in (2) hereof, (a) owned 32 the hearing in the above-entitled matter Notice is hereby given that answer to percent of the outstanding shares of cap­ and orders entered therein may concern, the complaint must be filed with the ital stock of said retailer, (b) had inter­ in addition to the matters specifically Bituminous Coal Division at its Wash­ locking officers with said retailer, and (c) alleged herein, other matters incidental ington office or with any one of the 5228 FEDERAL REGISTER, Tuesday, October 14, 1941 statistical bureaus of the Division, within by the Director thereof for that purpose, tive minimum price for such coal was twenty (20) days after date of service shall preside at the hearing in such mat­ $3.30 per ton f . o. b. the mine. The sales thereof on the defendant; and that any ter. The officer so designated to preside and deliveries hereinabove described were defendant failing to file an answer within at such hearing is hereby authorized to at prices less than the effective minimum such period, unless the Director or the conduct said hearing, to administer oaths prices for said coal f . o. b. the mine plus presiding officer shall otherwise order, and affirmations, examine witnesses, amounts at least equal to the actual shall be deemed to have admitted the subpoena witnesses, compel their attend­ transportation charges and other inci­ allegations of the complaint herein and ance, take evidence, require the produc­ dental handling charges from the trans­ to have consented to the entry of an tion of any books, papers, correspond­ portation facilities at the Robert L. Scott appropriate order on the basis of the ence, memoranda or other records mine to the point from which all such facts alleged. deemed relevant or material to the in­ charges were assumed and paid by the All persons are hereby notified that quiry, to continue said hearing from time purchaser as set forth in the Schedule of the hearing in the above-entitled mat­ to time, and to such places as he may Effective Minimum Prices for District No. ter and orders entered therein may con­ direct by announcement at said hearing 15 for Truck Shipment and Price Instruc­ cern, in addition to the matters specif­ or any adjourned hearing or by subse­ tion No. 5, as amended and contained in ically alleged in the complaint herein, quent notice, and to prepare and submit said Schedule, and in violation of sections other matters incidental and related to the Director proposed findings of fact 4 n (e ) and 4 I I (g) of the Act and sec­ thereto, whether raised by amendment and conclusions and the recommendation tions n (e) and II (g) of the Code. of the complaint, petition for interven­ of an appropriate order in the premises, Dated: October 9, 1941. and to perform all other duties in con­ tion, or otherwise, and all persons are [ seal] H. A. G ray, nection therewith authorized by law. cautioned to be guided accordingly. Director. The matter concerned herewith is in Notice of such hearing is hereby given regard to the complaint filed by said to said defendant and to all other parties [F. R. Doc. 41-7658; Filed, October 13, 1941; complainant, alleging willful violation herein and to all persons and entities 10:04 a. m.] by the above-named defendant of the having an interest in such proceeding. Bituminous Coal Code or rules and regu­ Any person or entity eligible under Sec­ lations thereunder as follows: tion 301.123 of the Rules and Regulations [Docket No. B-6] Governing Practice and Procedure Before By selling and delivering to Samson the Bituminous Coal Division in Proceed­ I n t h e M atter of T h e C lyd e H. H oyt Hart, Corbin, Kentucky, during April ings Instituted Pursuant to sections 4 II C o m p a n y , R egistered D istributor, 1941, approximately 35 tons of high vol­ (j) and 5 (b) of the Bituminous Coal Act R egistration N o. 4566, R espondent atile 2 " and under slack coal, Size Group of 1937, may file a petition for interven­ n o t ice of and order for hearing No. 7, produced at his Needmore Mine, tion not later than five (5) days before the Mine Index No. 1850, located in Whitley date herein set for hearing on the com­ 1. The Bituminous Coal Division finds County, Kentucky, in District No. 8, at plaint. it necessary in the proper administration a price of 3 0 per net ton f . o. b. the mine, Notice is hereby given that answer to of the Bituminous Coal Act of 1937 (the whereas, the minimum price established the complaint must be filed with the B i­ “Act”), to determine for such coal was and is $1.45 per net tuminous Coal Division at its Washing­ (a) whether or not The Clyde H. Hoyt ton f. o. b. the mine, as contained in ton Office or with any one of the statisti­ Company, Registered Distributor, Regis­ the Schedule of Effective Minimum cal bureaus of the Division, within twenty tration No. 4566, the respondent in the Prices for District No. 8 for Truck Ship­ (20) days after date of service thereof above-entitled matter, whose address is ments. on the defendant; and that any defend­ Nicholas Building, Toledo, Ohio, has vio­ Dated: October 9, 1941. ant failing to file an answer within such lated any provisions of the Act, the Code, period, unless the Director or the presid­ [ seal] H. A. G r a y , the Marketing Rules and Regulations, Director. ing officer shall otherwise order, shall be Rules and Regulations for the Registra­ deemed to have admitted the allegations tion of Distributors and the Distributors’ [F. R. Doc. 41-7657; Piled, October 13, 1941; of the complaint herein and to have con­ Agreement (the “Agreement”) dated 10:04 a. m.] sented to the entry of an appropriate or­ April 29, 1939, executed by respondent der on the basis of the facts alleged. pursuant to Order of the National Bitu­ All persons are hereby notified that the minous Coal Commission dated March [Docket No. 1852-FD] hearing in the above entitled matter and 24,1939, in General Docket No. 12, which orders entered therein may concern, in was adopted as an Order of the Bitumi­ I n th e M atter o f R obert L. S cott, T rad­ addition to the matters specifically al­ nous Coal Division on July 1,1939, or any in g as R obert L. S cott C oal C o m p a n y , leged in the complaint herein, other mat­ orders or regulations of the Division; and C ode M em ber, D e fend an t ters incidental and related . thereto, (b) whether or not the registration of NOTICE OF AND ORDER FOR HEARING whether raised by amendment of the said distributor should be revoked or A complaint dated August 5,1941, pur­ complaint, petition for intervention, or suspended or other appropriate penalties suant to the provisions of sections 4 n otherwise, and all persons are cautioned should be imposed; to be guided accordingly. (j) and 5 (b) of the Bituminous Coal and for said purposes gives notice that it The matter concerned herewith is in Act of 1937, having been duly filed on has information to the effect that: August 7, 1941, by Bituminous Coal Pro­ regard to the complaint filed by said ducers Board for District No. 15, a Dis­ complainant, alleging willful violation by 2. The respondent, during the period trict Board, complainant, with the Bitu­ the above-named defendant of the Bitu­ October 1, 1940 to March 20, 1941, both minous Coal Division, alleging wilful vio­ minous Coal Code or rules and regulations dates inclusive, purchased approximately lation by the defendant of the Bitumi­ thereunder as follows: 10,738 tons of various sizes of coal from nous Coal Code or rules and regulations That the defendant, Robert L. Scott, code members and secured, accepted and thereunder; trading as Robert L. Scott Coal Company, retained distributor’s discounts from the I t is ordered, That a hearing in respect 108 North First Street, Vinita, Oklahoma, effective minimum prices of said coal. to the subject matter of such complaint subsequent to September 30, 1940 sold This coal was resold by the respondent to be held on November 24, 1941, at 10 a. m. approximately 200 tons of lump coal, the Blue Line Fuel Company of Toledo, at a hearing room of the Bituminous Coal Size Group No. 1, produced at the Robert Ohio, a retailer. Division at the Craig County Court, L. Scott Mine (Mine Index No. 946) lo­ 3. The respondent, during the period Vinita, Oklahoma. cated in Craig County, Oklahoma, Dis­ referred to in paragraph 2 hereof (a) It is further ordered, That Joseph D. trict No. 15, to the Board of Education at owned 50 percent of the outstanding Dermody or any other officer or officers of Vinita, Oklahoma, at a truck-delivered shares of capital stock, (b) had inter­ the Bituminous Coal Division designated price of $3.50 per ton, whereas the effec­ locking officers with said retailer and FEDERAL REGISTER, Tuesday, October 14, 1941 5229

(c) its officers were also shareholders of and orders entered therein may concern, ing shares of capital stock of said re­ said retailer. in addition to the matters specifically al­ tailer. 4. In securing, accepting and retain­ leged herein, other rhatters incidental and 5. In securing, accepting and retaining ing the distributor’s discounts referred to related thereto, whether raised by the distributor’s discounts referred to in paragraph 2 hereof, the respondent amendment, petition for intervention or in paragraphs 3 hereof, the respondent was in violation of paragraph (d) of the otherwise, and all persons are cautioned was in violation of paragraph (d) of the Agreement, since said transactions were to be guided accordingly. Agreement, since said transactions were not purchases of coal for bona fide re­ Dated: October 9, 1941. not purchases of coal for bona fide resale. sale. [ se al] H . A. G r ay, 6. In securing, accepting and retaining 5. In accepting and retaining the dis­ Director. the distributor’s discounts referred to in tributor’s discounts referred to in para­ paragraph 3 hereof, the respondent, was graph 2 hereof, the respondent violated [F. R. Doc. 41-7059; Filed, October 13, 1941; in violation of paragraph (g) of the 10:05 a. m.J paragraph (g) of the Agreement, since Agreement, since said transactions were such transactions were entered into be­ entered into between the distributor and tween the distributor and his vendee pri­ its vendee primarily for the purpose of marily for the purpose of unjustly en­ [Docket No. B-7] unjustly enriching the respondent and riching the respondent, and no service of I n the M atter of J. P. M a r lo w e & Co., no service of value was rendered to the value was rendered the code member ven­ R egistered D istr ibuto r , R egistration code member vendors by the respondent. dors by the respondent. No. 5972, R e spo nd ent It is therefore ordered, That a hearing It is therefore ordered, That a hearing n o tice of and order for h earing pursuant to § 304.14 of the Rules and pursuant to § 304.14 of the Rules and Regulations for the Registration of Dis­ Regulations for the Registration of Dis­ 1. The Bituminous Coal Division finds tributors, to determine whether the regis­ tributors, to determine whether the regis­ it necessary, in the proper administration tration of said distributor should be re­ tration of said distributor should be re­ of the Bituminous Coal Act of 1937 (the voked or suspended, or other appropriate voked or suspended, or other appropriate “Act” ), to detemine penalties be imposed, be held on Novem­ penalties be imposed, be held on Novem­ (a) Whether or not J. P. Marlowe & ber 28,1941, at 10 a. m. at a hearing room ber 22,1941, at 10 a. m. at a hearing room Co., Registered Distributor, Registration of the Bituminous Coal Division at Room of the Bituminous Coal Division at the No. 5972, the respondent in the above- 245, U. S. Court House, Nashville, Ten­ Commodore Perry Hotel, Toledo, Ohio. entitled matter, whose address is 645 nessee. It is further ordered, That W. A. Cuff Dudley Street, Memphis, Tennessee, has I t is further ordered, That Charles S. or any other officer or officers of the Bi­ violated any provisions of the Act, the Mitchell or any other officer or officers tuminous Coal Division designated by the Code, the Marketing Rules and Regula­ of the Bituminous Coal Division desig­ Director thereof for that purpose shall tions, Rules and Regulations for the nated by the Director thereof for that preside at the hearing in such matter. Registration of Distributors, and the purpose shall preside at the hearing in The officer so designated to preside at Distributor’s Agreement (the “Agree­ such matter. The officer so designated such hearing is hereby authorized to con­ ment” ) dated October 23, 1939, executed to preside at such hearing is hereby au­ duct said hearing, to administer oaths by the respondent pursuant to Order of thorized to conduct said hearing, to ad­ and affirmations, examine witnesses, sub­ the National Bituminous Coal Commis­ minister oaths and affirmations, examine poena witnesses, compel their atendance, sion dated March 24, 1939, in General witnesses, subpoena witnesses, compel take evidence, require the production of Docket No. 12, which was adopted as an their attendance, take evidence, require any books, papers, correspondence, Order of the Bituminous Coal Division the production of any books, papers, cor­ memoranda or other records deemed rele­ on July 1, 1939, or any orders or regula­ respondence, memoranda or other rec­ vant or material to the inquiry, to con­ tions of the Division; and ords deemed relevant or material to the tinue said hearing from time to time, inquiry, to continue said hearing from and to such places as he may direct by (b) Whether or not the registration of said distributor should be revoked or time to time, and to such places as he announcement at said hearing or any may direct by announcement at said adjourned hearing or by subsequent no­ suspended or other appropriate penalties should be imposed; hearing or any adjourned hearing or by tice, and to prepare and submit to the subsequent notice, and to prepare and Director proposed findings of fact and and for said purposes gives notice that it submit to the Director proposed findings conclusions and the recommendation of has information to the effect that: of fact and conclusions and the recom­ an appropriate order in the premises, 2. The respondent, during the months mendation of an appropriate order in the and to perform all other duties in con­ of October and November, 1940, pur­ premises, and to perform all other duties nection therewith authorized by law. chased approximately 23 cars of various in connection therewith authorized by Notice of such hearing is hereby given sizes of coal produced by the Carrs Fork law. to said respondent and to all other Coal Company, Hazard, Kentucky, Mine Notice of such hearing is hereby given parties herein and to all persons and en­ Index No. 10, a code member in Dis­ to said respondent and to all other parties tities having an interest in such pro­ herein and to all persons and entities ceeding. trict No. 8, Ayshire Patoka Coal Com­ pany, Posey, Indiana, Mine Index No. having an interest in such proceeding. Notice is hereby given that answer to 121, a code member in District,No. 11, Notice is hereby given that answer to charges contained herein must be filed Greenville Coal Company, Greenville, charges contained herein must be filed with the Bituminous Coal Division at its Kentucky, Mine Index No. 55, the Shearn with the Bituminous Coal Division at its Washington Office or with any one of the Coal Company, 1005 Cotton Belt Building, Washington Office or with any one of the field offices of the Division, within twenty St. Louis, Missouri, and Beach Creek field offices of the Division, within twenty (20) days after date of service thereof Coal Company, Beach Creek, Kentucky, (20) days after date of service thereof on the respondent; and that any re­ code members in District No. 9. on the respondent; and that any re­ spondent failing to file an answer within 3. The respondent secured, accepted spondent failing to file an answer within such period, unless the Director or the and retained distributor’s discounts from such period, unless the Director or the presiding officer shall otherwise order, the effective minimum prices of said presiding officer shall otherwise order, shall be deemed to have admitted said coal. This coal was resold by the re­ shall be deemed to have admitted said charges and to have consented to the spondent to the Chickasaw Coal Com­ charges and to have consented to the entry of an appropriate order on the pany, of Memphis, Tennessee, a retailer. entry of an appropriate order on the basis basis of the facts alleged. 4. The respondent, during the period of the facts alleged. All persons are hereby notified that referred to in paragraph 2 hereof, owned All persons are hereby notified that the hearing in the above-entitled matter or controlled a majority of the outstand­ the hearing in the above-entitled matter 5230 FEDERAL REGISTER, Tuesday, October 14, 1941

and orders entered therein may concern, bona fide resale; although no service of otherwise, and all persons are cautioned in addition to the matters specifically al­ value was rendered to Walter Bledsoe to be guided accordingly. leged herein, other matters incidental and & Co., acting as sales agent for various Dated: October 9, 1941. related thereto, whether raised by amend­ code member producers, and Lumaghi [ seal! H. A. G ray, ment, petition for intervention, or other­ Coal Company; and the transactions weTe Director. entered into between the respondent and wise, and all persons are cautioned to be [P. R. Doc. 41-7661; Piled, October 13, 1941; guided accordingly. his vendees primarily for the purpose of 10:05 a. m.] unjustly enriching said respondent, and Dated: October 9, 1941. except for the incidence of section 4 II [ seal! H. A. G ray, (h ) of the Act, said vendees would have Director. purchased a portion of said coal from [Docket NO. B—8] [P. R. Doc. 41-7660; Filed, October 13, 1941; the above-described code members or I n the M atter of C. E. W erner, Jr., Reg­ 10:05 a. m.] sales agents, thereby violating section 4 istered D istributor, R egistration No. It (h) of the Act and paragraphs (d) and 9584, R espondent (g) of the Agreement. notice of and order for hearing [Docket No. B-50] I t is ordered, That a hearing pursuant 1. The Bituminous Coal Division finds to § 304.14 of the Rules and Regulations I n the M atter of Elfgen Coal Co. (B ert it necessary, in the proper administration for the Registration of Distributors, to P. Elfgen), R egistered D istributor, of the Bituminous Coal Act of 1937 (the determine whether the registration of R egistration N o. 2712, R espondent “Act”) to determine said distributor should be revoked or notice of and order for hearing suspended, be held on December 9, 1941, (a) Whether or not C. E. Werner, at 10 a. m. at a hearing room of the Bitu­ Registered Distributor, Registration No. 1. The Bituminous Coal Division finds minous Coal Division at Room 516, Fed­ 9584, the respondent in the above-en­ it necessary in the proper administration eral Building, St. Louis, Missouri. titled matter, whose address is 3130 Day- of the Bituminous Coal Act of 1937 (the I t is further ordered, That Joseph D. ton Building, Chattanooga, Tennessee, “ Act” ), to determine Dermody or any other officer or officers has violated any provisions of the Act, (a) Whether or not the Elfgen Coal of the Bituminous Coal Division desig­ the Code, the Marketing Rules and Reg­ Co. (Bert F. Elfgen), a registered dis­ nated by the Director thereof for that ulations, Rules and Regulations for Reg­ tributor, Registration No. 2712, whose ad­ purpose shall preside at the hearing in istration of Distributors, and the Dis­ dress is 222 West Elm Street, Alton, Illi­ such matter. The officer so designated tributor’s Agreement (the “Agreement”) , nois, the respondent in the above-entitled to preside at such hearing is hereby au­ dated November 19, 1940, executed by matter has violated any provisions of the thorized to conduct said hearing, to ad­ the respondent, pursuant to Order of the Act, the Marketing Rules and Regula­ minister oaths and affirmations, examine Bituminous Coal Division dated June 19, tions, the Rules and Regulations for the witnesses, subpoena witnesses, compel 1940, in General Docket No. 12; and Registration of Distributors and the Dis­ their attendance, take evidence, require (b) Whether or not the registration tributor’s Agreement (the “Agreement”) the production of any books, papers, cor­ of said distributor should be revoked or dated April 8,1940, executed by respond­ respondence, memoranda or other rec­ suspended or other appropriate penalties ent, pursuant to Order of the National ords deemed relevant or material to the should be imposed; and for said pur­ Bituminous Coal Commission, dated inquiry, to continue said hearing from poses gives notice that it has informa­ March 24, 1939, in General Docket No. time to time, and to such places as he tion to the effect that: 12, which was adopted as an Order of may direct by announcement at said 2. The respondent, during the period the Bituminous Coal Division on July 1, hearing or any adjourned hearing or by January 1, 1941, and April 11,1941, pur­ 1939; and subsequent notice, and to prepare and chased substantial amounts of coal of (b) Whether or not the registration of submit to the Director proposed findings various sizes from code members, includ­ said distributor should be revoked or of fact, and conclusions and the recom­ ing the Moore Coal Company, a code suspended or other appropriate penal­ mendation of an appropriate order in the member in District No. 8, whose address ties should be imposed; premises, and to perform all other duties is 1202 Hamilton Bank Building, Knox­ in connection therewith authorized by and for said purpose gives notice that the ville, Tennessee, and who operates the law. Division has information to the effect Moore Mine, Mine Index No. 344. Notice of such hearing is hereby given that: 3. The respondent secured, accepted to said respondent, and to all other par­ and retained distributor’s discounts from 2. The respondent, during the period ties herein and to all persons and entities the effective minimum prices of said from October 1, 1940, to December 31, having an interest in such proceeding. coal. This coal was resold by the re­ 1940, both dates inclusive, purchased in Notice is hereby given that answer to spondent to the Werner Coal Company, carload lot quantities approximately the charges alleged herein must be filed Chattanooga, Tennessee, a retailer. 15,913 pet tons of coal of various sizes with the Bituminous Coal Division at 4. The respondent, during the period from Walter Bledsoe & Co., St. Louis, Mis­ its Washington Office or with any one referred to in paragraph 2 hereof, was souri, acting as sales agent for various of the statistical bureaus of the Division, under the control, financial or other­ code member producers; Sahara Coal within twenty (20) days after date of wise, of the Werner Coal Company. Company, code member, Chicago, Illinois; service thereof on the respondent; and 5. The respondent, in his application Binkley Coal Company, St. Louis, Mis­ that any respondent failing to file an for registration with the Bituminous Coal souri, acting as sales agent for various answer within such period, unless the Division as a distributor of bituminous code member producers; and Lumaghi Director or the presiding officer shall coal, as described in paragraph 1 hereof, Coal Company, code member, St. Louis, otherwise order, shall be deemed to have failed to state, as required on pages 5 and Missouri, and during said period resold in admitted the alleged charges and to have 6 of said application that he was affiliated carload lot quantities approximately consented to the entry of an appropriate with the Werner Coal Company. 15,719 net tons of said coal to the City order on the basis of the facts alleged. Fuel and Supply Company, Alton, Illinois, All persons are hereby notified that the 6. The failure to state this material and approximately 194 net tons of said hearing in the above-entitled matter and fact was in violation of paragraph (f) of coal to the Bluff City Coal Company, Al­ orders entered therein may concern, in the Agreement and contrary to § 304.11 ton, Illinois. The respondent accepted addition to the matters specifically (c) (6) of the Rules and Regulations for discounts from the effective minimum alleged herein, other matters incidental Registration of Distributors. prices in the aforesaid transactions, al­ and related thereto, whether raised by 7. In securing, accepting and retaining though said coal was not purchased for amendment, petition for intervention, or the distributor’s discounts referred to an FEDERAL REGISTER, Tuesday, October 14, 1941 5231 paragraph 3 hereof, while under the con­ and related thereto, whether raised by § 304.11 (c) (6) of the Distributors’ Rules, trol, financial or otherwise of said re­ amendment, petition for intervention, or that his company was affiliated with said tailer, the respondent was in violation of otherwise, and all persons are cautioned retailer. The failure to state this affilia­ § 304.19 (c) of the Rules and Regulations to be guided accordingly. tion constituted a violation of paragraph for Registration of Distributors, and Dated: October 9, 1941. (f) of the Agreement. paragraph (h) of the Agreement. The [SEAL] H. A. G ray, 6. The respondent, during the period acceptance and retention of the discounts, Director. December 4, 1940 to January 24, 1941, referred to in paragraph 3 hereof, where both dates inclusive, purchased 3 cars of no service of value was rendered to the [F. R. Doc. 41-7662; Filed, October 13, 1941; 3 " x 2 " coal, 2 cars of 3 " lump coal and 10: 05 a. m.] code member vendors, but where the 1 car of 4" lump coal produced by the transaction was entered into between the Flat Creek Coal Company, Main Street, respondent and his vendee, Werner Coal Providence, Kentucky, Flat Creek Mine, Company, primarily for the purpose of [Docket No. B-2] Mine Index No. 30, District No. 9, which unjustly enriching the respondent was in I n th e M atter of B u r n s F u e l C o m p a n y , he resold to said Burns Coal Company, violation of paragraph (g) of the Agree­ R egistered D istr ibu to r , R egistration and accepted and retained discounts ment. No. 1285, R espo ndent from the effective minimum prices of said coal. It is therefore ordered, That a hearing NOTICE OF AND ORDER FOR HEARING pursuant to § 304.14 of the Rules and 7. In accepting and retaining the dis­ 1. The Bituminous Coal Division finds Regulations for the Registration of Dis­ tributor’s discounts referred to in para­ it necessary, in the proper administra­ tributors, to determine whether the regis­ graph 6 hereof, the respondent violated tion of the Bituminous Coal Act of 1937 tration of said distributor should be re­ paragraph (g) of the Agreement, since (the “Act”) , to determine voked or suspended, or other appropriate said transactions were entered into be­ penalties be imposed, be held on Decem­ (a) whether or not the Burns Fuel tween the distributor and its vendee pri­ ber 3,1941, at 10 a. m. at a hearing room Company, Registered Distributor, Regis­ marily for the purpose of unjustly en­ of the Bituminous Coal Division, at Room tration No. 1285, the respondent in the riching the respondent. 245, U. S. Court House, Nashville, Ten­ above-entitled matter, whose address is It is therefore ordered, That a hearing nessee. , 24th and Clifton Road, Nashville, Ten­ pursuant to § 304.14 of the Rules and It is further ordered, That Charles S. nessee, has violated any provisions of Regulations for the Registration of Dis­ Mitchell or any other officer or officers of the Act, the Code, the Marketing Rules tributors, to determine whether the reg­ the Bituminous Coal Division designated and Regulations (the “Marketing istration of said distributor should be by the Director thereof for that purpose Rules”), Rules and Regulations for the revoked or suspended, or other appro­ shall preside at the hearing in such mat­ Registration of Distributors (the “Dis­ priate penalties be imposed, be held on ter. The officer so designated to preside tributors’ Rules”), and the Distributor’s December 1, 1941, at a hearing room of at such hearing is hereby authorized to Agreement (the “Agreement”) executed the Bituminous Coal Division at Room conduct said hearing, to administer oaths August 17,1940, by respondent, pursuant 245, U. S. Court House, Nashville, Ten­ and affirmations, examine witnesses, sub­ to Order of the Bituminous Coal Division, nessee. poena witnesses, compel their attendance, dated June 19, 1940, in General Docket It is further ordered, That Charles S. take evidence, require the production of No. 12; and Mitchell or any officer or officers of any books, papers, correspondence, mem­ (b) whether or not the registration the Bituminous Coal Division designated oranda or other records deemed relevant of said distributor should be revoked or by the Director thereof for that purpose or material to the inquiry, to continue suspended or other appropriate penalties shall preside at the hearing in such mat­ said hearing from time to time, and to should be imposed; ter. The officer so designated to preside such places as he may direct by an­ and for said purposes gives notice that it at such hearing is hereby authorized to nouncement at said hearing or any ad­ has information to the effect that; conduct said hearing, to administer oaths journed hearing or by subsequent notice, and affirmations, examine witnesses, and to prepare and submit to the Director 2. The respondent during the month of subpoena witnesses, compel their attend­ proposed findings of fact and conclusions November 1940, sold to the Victor Chem­ ance, take evidence, require the produc­ and the recommendation of an appro­ ical Company, Mt. Pleasant, Tennessee, tion of any books, papers, correspond­ priate order in the premises, and to per­ 2 cars of 3 " x P A " nut, which he invoiced ence. memoranda or other records form all other duties in connection as 2 " x P A " nut, at a price of $1.60 per deemed relevant or material to the in­ therewith authorized by law. net ton f. o. b. said mine, whereas the quiry, to continue said hearing from time Notice of such hearing is hereby given applicable effective minimum price there­ to time and to such places as he may to said respondent and to all other par­ for was $1.70 per net ton f. o. b. said direct by announcement at said hearing ties herein and to all persons and en­ mine. Said coal was produced by the or any adjourned hearing or by subse­ tities having an interest in such proceed­ Luton Mining Company at its Luton quent notice, and to prepare and sub­ ing. Mine, Mine Index No. 77, District No. 9. mit to the Director proposed findings of Notice is hereby given that answer to 3. The selling of the coal described in fact and conclusions and the recom­ the charges contained herein must be paragraph 2 hereof constitutes a viola­ mendation of an appropriate order in the filed with the Bituminous Coal Division tion of sections 4 II (e) and 4 II (h) of premises, and to perform all other duties at its Washington Office or with any one the Act, the Rules and Regulations for in connection therewith authorized by of the field offices of the Division, within the Registration of Distributors, and law. twenty (20) days after date of service paragraph (b) of the Agreement. Notice of such hearing is hereby given thereof on the respondent; and that any 4. The false statement in invoicing said to said respondent, and to all other respondent failing to file an answer coal, as referred to in paragraph 2 here­ parties herein and to all persons and within such period, unless the Director of, constituted a violation of Rule 2 of entities having an interest in such or the presiding officer shall otherwise Section X II of the Marketing Rules and proceeding. order, shall be deemed to have admitted paragraph (e) of the Agreement. Notice is hereby given that answer to the said charges and to have consented 5. The respondent was and is the sole charges contained herein must be filed to the entry of an appropriate order owner of the Burns Coal Company of with the Bituminous Coal Division at its on the basis of the facts alleged. Nashville, Tennessee, a retailer, and in Washington Office or with any one of the AH persons are hereby notified that the his application for registration with the field offices of the Division, within twenty hearing in the above-entitled matter and Bituminous Coal Division as a distribu­ (20) days after date of service thereof on orders entered therein may concern, in tor of coal, as referred to in paragraph 1 the respondent; and that any respondent addition to the matters specifically al­ hereof, failed to state, as required on failing ta file an answer within such pe­ leged herein, other matters incidental pages 5 and 6 of his application and riod, unless the Director or the presiding 200---- 5 5232 FEDERAL REGISTER, Tuesday, October 14, 1941 officer shall otherwise order, shall be fore the Bituminous Coal Division in (a) Whether or not the Harman Coal deemed to have admitted said charges Proceedings Instituted Pursuant to sec­ Company, Registered Distributor, Regis­ and to have consented to the entry of an tions 4 n (j) and 5 (b) of the Bituminous tration No. 4002, the respondent in the appropriate order on the basis of the Coal Act of 1937, may file a petition for above-entitled matter, whose address is facts alleged. intervention not later than five (5) days 50 West Broad Street, Columbus, Ohio, All persons are hereby notified that before the date herein set for hearing has violated any provisions of the Act, the hearing in the above-entitled matter on the complaint. the Code, the Marketing Rules and Regu­ and orders entered therein may concern, Notice is hereby given that answer to lations, Rules and Regulations for Regis­ in addition to the matters specifically the complaint must be filed with the Bi­ tration of Distributors, and the Distribu­ alleged herein, other matters incidental tuminous Coal Division at its Washing­ tor’s Agreement (the “Agreement” ), and related thereto, whether raised by ton office or with any one of the statis­ dated June 29, 1939, executed by the amendment, petition for intervention, or tical bureaus of the Division, within respondent pursuant to Order of the otherwise, and all persons are cautioned twenty (20) days after date of service National Bituminous Coal Commission to be guided accordingly. thereof on the defendant; and that any dated March 24, 1939, in Docket No. 12, Dated: October 9, 1941. defendant failing to file an answer within which has been adopted as an Order of such period, unless the Director or the the Bituminous Coal Division on July 1, [ seal] H. A. G r ay, Director. presiding officer shall otherwise order, 1939, or any orders or regulations of the shall be deemed to have admitted the Division; and [F. R. Doc. 41-7663; Filed, October 13, 1041; allegations of the complaint herein and (b) Whether or not the registration 10:06 a. m.] to have consented to the entry of an of said distributor should be revoked or appropriate order on the basis of the suspended or other appropriate penalties facts alleged. should be imposed; [Docket No. R-39] All persons are hereby notified that and for said purposes gives notice that it the hearing in the above-entitled matter has information to the effect that: I n t h e M atter of C larence S m it h , C ode and orders entered therein may concern, M ember, D efend ant in addition to the matters specifically 2. The respondent, subsequent to Sep­ tember 30, 1940, has failed to furnish or NOTICE OF AND ORDER FOR HEARING alleged in the complaint herein, other matters incidental and related thereto, cause to be furnished to the Division A complaint dated September 16, 1941, whether raised by amendment of the copies of all resale contracts or orders pursuant to the provisions of sections 4 complaint, petition for intervention, or entered into by respondent with its cus­ n (j) and 5(b) of the Bituminous Coal otherwise, and all persons are cautioned tomers, and copies of all invoices to its Act of 1937, having been duly filed on to be guided accordingly. vendees. September 24, 1941, by Bituminous Coal The matter concerned herewith is in The failure to furnish these documents, Producers Board for District No. 8, a Dis­ regard to the complaint filed by said described above, constitutes a violation of trict Board, complainant, with the Bitu­ complainant, alleging willful violation by Division Order No. 295, dated June 14, minous Coal Division alleging willful the above-named defendant of the Bi­ 1940, Division Order No. 301, dated violation by the defendant of the Bitumi­ tuminous Coal Code or rules and regula­ August 8, 1940, and Division Order No. nous Coal Code or rules and regulations tions thereunder as follows: The defend­ 313, dated February 24, 1941, and para­ thereunder; ant, Clarence Smith, R. F. D. No. 1, graphs (e) and (f) of the Agreement. I t is ordered, That a hearing in respect Woodbine, Kentucky, sold during the 3. The respondent during October 1940, to the subject matter of such complaint period April 21, 1941, to May 1, 1941, accepted discounts in excess of the maxi­ be held on November 17,1941, at 10 a. m., to J. W. Faulkner, Barbourville, Ken­ mum applicable discounts prescribed by at a hearing room of the Bituminous Coal tucky, approximately 90 tons of size 2 " the Division on four cars of slack coal Division at the Court Room, Federal and under slack coal produced by the de­ purchased by said respondent from C. E. Building, Catlettsburg, Kentucky. fendant at his Clarence Smith Mine, Haymaker, a code member in District It is further ordered, That Charles S. Mine Index No. 1689, located in Wilton, No. 4, doing business as Paramount Coal Mitchell or any other officer or officers of Knox County, Kentucky, at 50 cents per Company, P. O. Box' 323, Logan, Ohio, the Bituminous Coal Division designated net ton f. o. b. the mine, whereas this and produced at his Paramount Mine in by the Director thereof for that purpose coal was classified as Size Group 7, as Hocking County, Mine Index 170, which shall preside at the hearing in such mat­ shown in the Schedule of Effective Mini­ coal was resold by the respondent in its ter. The officer so designated to preside mum Prices for Truck Shipments for own name to the Longview State Hospital, at such hearing is hereby authorized to District No. 8, and priced at $1.55 per net Carthage, Ohio. conduct said hearing, to administer oaths ton f. o. b. the mine. Said sales were The acceptance of discounts by the and affirmations, examine witnesses, made at prices which were $1.05 below respondent as described above constitutes subpoena witnesses, compel their attend­ the applicable effective minimum prices a violation of section 4 II (h) of the ance, take evidence, require the established by the Division, in violation Act, and paragraphs (a) and (e) of the production of any books, papers, corre­ of section 4 Part n (e) of the Act and Agreement. spondence, memoranda or other records Part I I (e) of the Code. It is therefore ordered, That a hearing deemed relevant or material'to the in­ Dated: October 9, 1941. pursuant to § 304.14 of the Rules and quiry, to continue said hearing from time [ s e a l] H . A. G r a y , Regulations for the Registration of Dis­ to time, and to such places as he may Director. tributors, to determine whether the regis­ direct by announcement at said hearing tration of said distributor should be re­ or any adjourned hearing or by subse­ [F. R. Doc. 41-7664; Filed, October 13, 1941; voked or suspended, or other appropriate 10:06 a. m.] quent notice, and to prepare and submit penalties be imposed, be held on Novem­ to the Director proposed findings of fact ber 28,1941, at 10 a. m. at a hearing room and conclusions and the recommendation of the Bituminous Coal Division at Room of an appropriate order in the premises, [Docket No. B - l ] 322, New Federal Building, Columbus, and to perform all other duties in connec­ I n th e M atter o f H arm an C oal C o m p a n y , Ohio. tion therewith authorized by law. R egistered D istr ibu to r , R egistration I t is further ordered, That W. A. Cuff Notice of such hearing is hereby given No. 4002, R espo nd ent or any other officer or officers of the Bi­ to said defendant and to all other parties tuminous Coal Division designated by the NOTICE OF AND ORDER FOR HEARING herein and to all persons and entities Director thereof for that purpose shall having an interest in such proceeding. 1. The Bituminous Coal Division finds preside at the hearing in such matter. Any person or entity eligible under it necessary, in the proper administra­ The officer so designated to preside at § 301.123 of the Rules and Regulations tion of the Bituminous Coal Act of 1937 such hearing is hereby authorized to con­ Governing Practice and Procedure Be­ (the “Act”) , to determine duct said hearing, to administer oaths FEDERAL REGISTER, Tuesday, October 14, 1941 5233 and affirmations, examine witnesses, sub­ It is further ordered, That Joseph D. Glenridge Mine, Mine Index No. 58, of poena witnesses, compel their attendance, Dermody or any other officer or officers of said defendant, located in Marion take evidence, require the production of the Bituminous Coal Division designated County, Illinois, in District No. 10, at any books, papers, correspondence, mem­ by the Director thereof for that purpose $1.09 per net ton f. 0. b. the mine, whereas oranda or other records deemed relevant shall preside at the hearing in such mat­ the effective minimum price f. o. b. the or material to the inquiry, to continue ter. The officer so designated to preside mine for said coal at the time of said said hearing from time to time, and to at such hearing is hereby authorized to transactions was $1.15 per net ton, as such places as he may direct by an­ conduct said hearing, to administer oaths set forth in the Schedule of Effective nouncement at said hearing or any ad­ and affirmations, examine witnesses, Minimum Prices for District No. 10 For journed hearing or by subsequent notice, subpena witnesses, compel their at­ All Shipments Except Truck. and to prepare and submit to the Direc­ tendance, take evidence, require the pro­ Dated: October 9, 1941. tor proposed findings of fact and conclu­ duction of any books, papers, correspond­ [ se al] H. A. G ray, sions and the recommendation of an ap­ ence, memoranda or other records Director. propriate order in the premises, and to deemed relevant or material to the in­ perform all other duties in connection quiry, to continue said hearing from time [F. R. Doc. 41-7666; Filed, October 13, 1941; therewith authorized by law. to time, and to such places as he may di­ 10:06 a. m.] Notice of such hearing is hereby given rect by announcement at said hearing to said respondent, and to all other par­ or any adjourned hearing or by subse­ ties herein and to all persons and en­ quent notice, and to prepare and submit [Docket No. 1653—PD] tities having an interest in such proceed­ to the Director proposed findings of fact I n the M atter of D w a in e B r o w n , ing. and conclusions and the recommenda­ L iv o n ia , M iss o u r i, C ode M em ber, D e ­ Notice is hereby given that answer to tion of an appropriate order in the prem­ fendant charges contained herein must be filed ises, and to perform all other duties in NOTICE OF AND ORDER FOR HEARING with the Bituminous Coal Division at its connection therewith authorized by law. Washington Office or with any one of the Notice of such hearing is hereby given A complaint dated April 8, 1941, pur­ field offices of the Division, within twenty to said defendant and to all other parties suant to the provisions of sections 4 n (20) days after date of service thereof herein and to all persons and entities (j) and 5 (b) of the Bituminous Coal on the respondent; and that any re­ having an interest in such proceeding. Act of 1937, having been duly filed on spondent failing to file an answer with­ Any person or entity eligible under April 12, 1941, by Bituminous Coal Pro­ in such period, unless the Director or § 301.123 of the Rules and Regulations ducers Board for District No. 15, com­ the presiding officer shall otherwise or­ Governing Practice and Procedure Be­ plainant, with the Bituminous Coal Divi­ der, shall be deemed to have admitted fore the Bituminous Coal Division in sion alleging willful violation by the de­ said charges and to have consented to the Proceedings Instituted Pursuant to sec­ fendant of the Bituminous Coal Code or entry of an appropriate order on the tions 4 II (j) and 5 (b) of the Bitumi­ rales and regulations thereunder; basis of the facts alleged. nous Coal Act of 1937, may file a petition I t is ordered, That a hearing in respect All persons are hereby notified that the for intervention not later than five (5) to the subject matter of such complaint hearing in the above-entitled matter and days before the date herein set for hear­ be held on December 2, 1941, at 10 a. m., orders entered therein may concern, in ing on the complaint. at a hearing room of the Bituminous Coal addition to the matters specifically Notice is hereby given that answer to Division at Putnam County Court House, alleged herein, other matters incidental the complaint must be filed with the Bitu­ Unionville, Missouri. and related thereto, whether raised by minous Coal Division at its Washington I t is further ordered, That Joseph D. amendment, petition for intervention, or office or with any one of the statistical Dermody or any other officer or officers otherwise, and all persons are cautioned bureaus of the Division, within twenty of the Bituminous Coal Division desig­ to be guided accordingly. (20) days after date of service thereof nated by the Director thereof for that Dated: October 9, 1941, on the defendant; and that any defend­ purpose shall preside at the hearing in [ seal] H. A. G r ay, ant failing to file an answer within such such matter. The officer so designated Director. period, unless the Director or the presid­ to preside at such hearing is hereby au­ ing officer shall otherwise order, shall be thorized to conduct said hearing, to ad­ [P. R. Doc. 41-7665; Piled, October 13, 1941; 10:06 a. m.] deemed to have admitted the allegations minister oaths and affirmations, examine of the complaint herein and to have con­ witnesses, subpoena witnesses, compel sented to the entry of an appropriate their attendance, take evidence, require order on the basis of the facts alleged. the production of any books, papers, cor­ [Docket No. B-38] All persons are hereby notified that the respondence, memoranda or other rec­ I n the M atter of M ar io n C o u n t y C oal hearing in the above-entitled matter and ords deemed relevant or material to the M in in g C orporation, I n c ., C ode M e m ­ orders entered therein may concern, in inquiry, to continue said hearing from ber, D efendant addition to the matters specifically al­ time to time, and to such places as he NOTICE OF AND ORDER FOR HEARING leged in the complaint herein, other mat­ may direct by announcement at said ters incidental and related thereto, hearing or any adjourned hearing or by A complaint dated September 15,1941, whether raised by amendment of the subsequent notice, and to prepare and pursuant to the provisions of sections 4 complaint, petition for intervention, or submit to the Director proposed findings II (j) and 5 (b) of the Bituminous Coal otherwise, and all persons are cautioned of fact and conclusions and the recom­ Act of 1937, having been duly filed on to be guided accordingly. mendation of an appropriate order in the September 18, 1941, by the Bituminous The matter concerned herewith is in premises, and to perform all other duties Coal Producers Board for District No. 10, regard to the complaint filed by said com­ in connection therewith authorized by a district board, complainant, with the plainant, alleging willful violation by the law. Bituminous Coal Division alleging willful above-named defendant of the Bitumi­ Notice of such hearing is hereby given violation by the defendant of the Bitu­ nous Coal Code or rules and regulations to said defendant and to all other par­ minous Coal Code or rules and regula­ thereunder as follows: That the defend­ ties herein and to all persons and en­ tions thereunder; ant, whose address is Box 421, Centralia, tities having an interest in such proceed­ It is ordered, That a hearing in respect Illinois, during the period from October ing. Any person or entity eligible under to the subject matter of such complaint 1, 1940 to March 31, 1941, both dates in­ § 301.123 of the Rules and Regulations be held on December 12,1941, at 10 a. m., clusive, sold and delivered to Armour and Governing Practice and Procedure Before at a hearing room of the Bituminous Company of Chicago, Illinois, approxi­ the Bituminous Coal Division in Pro­ Coal Division at the Post Office Building, mately 38,683.57 net tons of IV2 ” screen­ ceedings Instituted Pursuant to sections Centralia, Illinois. ings, Size Group No. 14, produced at the 4 n (j) and 5 (b) of the Bituminous 5234 FEDERAL REGISTER, Tuesday, October li, 1941

Coal Act of 1937, may file a petition for ing in such matter. The officer so desig­ of Effective Minimum Prices for District intervention not later than five (5) days nated to preside at such hearing is hereby No. 11 for Truck Shipments; and before the date herein set for hearing on authorized to conduct said hearing, to (b) By intentionally misrepresenting, the complaint. administer oaths and affirmations, ex­ invoicing and recording in the sales rec­ Notice is hereby given, that answer to amine witnesses, subpoena witnesses, ords of defendant, the above said coal as the complaint must be filed with the compel their attendance, take evidence, mine rim, whereas such coal was in fact Bituminous Coal Division at its Washing­ require the production of any books, pa­ % " lump coal, in violation of paragraph ton office or with any one of the statis­ pers, correspondence, memoranda or 8 of section 4 n (i) of the Act, Rule 8 tical bureaus of the Division, within other records, deemed relevant or mate­ of section X III and Rule 2 of section XII twenty (20) days after date of service rial to the inquiry, to continue said hear­ of the Marketing Rules and Regulations; thereof on the defendant; and that any ing from time to time, and to such places and defendant failing to file an answer as he may direct by announcement at (c) By failing to maintain and keep on within such period, unless the Director said hearing or any adjourned hearing file the records required by the Orders of or the presiding officer shall otherwise or by subsequent notice, and to prepare the Director,' Nos. 307 and 312 dated December 11, 1940 and February 24, order, shall be deemed to have admitted and submit to the Director proposed find­ the allegations of the complaint herein ings of fact and conclusions and the rec­ 1941. and to have consented to the entry of an ommendation of an appropriate order in Dated: October 10, 1941. appropriate order on the basis of the the premises, and to perform all other [ seal] H. A. G ray, facts alleged. duties in connection therewith authorized Director. All persons are hereby notified, that by law. [F.^ R. Doc. 41-7668; Filed, October 13, 1941; the hearing in the above-entitled matter Notice of such hearing is hereby given 10:07 a. m.] and orders entered therein may concern, to said defendant and to all other parties in addition to the matters specifically herein and to all persons and entities alleged in the complaint herein, other having an interest in such proceeding. [Docket No. B-18] matters incidental and related thereto, Any person or entity eligible under whether raised by amendment of the § 301.123 of the Rules and Regulations I n t h e M atter of H artford Coal Com­ complaint, petition for intervention, or Governing Practice and Procedure Be­ p a n y , a C orporation, C ode M ember, otherwise, and all persons are cautioned fore the Bituminous Coal Division in Pro­ D efend ant to be guided accordingly. ceedings Instituted Pursuant to sections NOTICE OF AND ORDER FOR HEARING The matter concerned herewith is in 4 II (j) and 5 (b) of the Bituminous Coal A complaint dated August 30, 1941, regard to the complaint filed by said Act of 1937, may file a petition for inter­ complainant, alleging willful violation vention not later than five (5) days be­ pursuant to the provisions of sections 4 by the above-named defendant of the fore the date herein set for hearing on I I (j) and 5 (b) of the Bituminous Coal Act of 1937, having been duly filed on Bituminous Coal Code or rules and regu­ the complaint. September 6, 1941, by Bituminous Coal lations thereunder as follows: That the Notice is hereby given, that answer to Producers’ Board for District No. 9 a Dis­ defendant failed and refused to main­ the complaint must be filed with the trict Board, complainant, with the Bitu­ tain records relating to his production Bituminous Coal Division at its Washing­ minous Coal Division alleging willful and sale of coal and to submit reports ton office or with any one of the statistical violation by the defendant of the Bitu­ thereof as required by Division Order No. bureaus of the Division, within twenty minous Coal Code or rules and regula­ 318 dated February 15, 1941. (20) days after date of service thereof tions thereunder; Dated: October 10, 1941. on the defendant; and that any defend­ I t is ordered, That a hearing in re­ [ se al] H. A. G r ay, ant failing to file an answer within such spect to the subject matter of such com­ Director. period, unless the Director or the presid­ plaint be held on November 25, 1941, at ing officer shall otherwise order, shall be [P. R. Doc. 41-7667; Piled, October 13, 1941; 10 a. m., at af hearing room of the Bitu­ 10:06 a. m.] deemed to have admitted the allegations minous Coal Division at the Circuit of the complaint herein and to have con­ Court, Madisonville, Kentucky. sented to the entry of an appropriate I t is further ordered, That Charles S. [Docket No. B-32] order on the basis of the facts alleged. Mitchell or any other officer or officers of All persons are hereby notified that I n t h e M atter of R ed B ird N um b er 5 the Bituminous Coal Division designated the hearing in the above-entitled matter C oal C o m p a n y , a P ar tner sh ip, C ode by the Director thereof for that purpose and orders entered therein may concern, M em ber, D efend ant shall preside at the hearing in such mat­ in addition to the matters specifically al­ ter. The officer so designated to preside NOTICE OF AND ORDER FOR HEARING leged in the complaint herein, other mat­ at such hearing is hereby authorized to A complaint dated September 8, 1941, ters incidental and related thereto, .conduct said hearing to administer oaths pursuant to the provisions of sections 4 whether raised by amendment of the and affirmations, examine witnesses, complaint, petition for intervention, or II (j) and 5 (b) of the Bituminous Coal subpoena witnesses, compel their attend­ otherwise, and all persons are cautioned Act of 1937, having been duly filed on ance take evidence, require the September 13, 1941, by Bituminous Coal to be guided accordingly. production of any books, papers, corre­ Producers Board for District 11, a Dis­ The matter concerned herewith is in spondence, memoranda or other records trict Board, complainant, with the Bitu­ regard to the complaint filed by said deemed relevant or material to the in­ minous Coal Division alleging willful complainant, alleging willful violation by quiry, to continue said hearing from violation by the defendant of the Bitumi­ the above-named defendant of the Bi­ time to time, and to such places as he nous Coal Code or rules and regulations tuminous Coal Code or rules and regula­ may direct by announcement at said thereunder; tions thereunder as follows: hearing or any adjourned hearing or by I t is ordered, That a hearing in respect (a) By selling to various purchasers, subsequent notice, and to prepare and to the subject matter of such complaint during the period March 26,1941 to April submit to the Director proposed findings be held on December 17,1941, at 10 a. m., 2, 1941, both dates inclusive, a substan­ of fact and conclusions and the recom­ at a hearing room of the Bituminous Coal tial amount of % " lump coal produced mendation of an appropriate order in Division at the Post Office Building, Terre at its Red Bird Mine, Mine Index No. the premises, and to perform all other Haute, Indiana. 648, located in Sullivan County, Indiana, duties in connection therewith author- It is further ordered, That Joseph D. in District No. 11, at a price of $1.80 per ized by law. . . tÄ_ Dermody or any other officer or officers ton f. o. b. the mine, whereas the effec­ Notice of such hearing is hereby given of the Bituminous Coal Division desig­ tive minimum price established for such to said defendant and to all other par­ nated by the Director thereof for coal was and is $2.20 per net ton f. o. b. ties herein and to all persons and entities that purpose shall preside at the hear­ the mine as contained in the Schedule having an interest in such proceeding. FEDERAL REGISTER, Tuesday, October 14, 1941 5235

Any person or entity eligible under ducers Board for District No. 12, a Dis­ The matter concerned herewith is in § 301.123 of the Rules and regulations trict Board, complainant, with the Bitu­ regard to the complaint filed by said com­ Governing Practice and Procedure Be­ minous Coal Division alleging willful vio­ plainant, alleging willful violation by the fore the Bituminous Coal Division in lation by the defendant of the Bitumi­ above-named defendant of the Bitumi­ Proceedings Instituted Pursuant to sec­ nous Coal Code or rules and regulations nous Coal Code or rules and regulations tions 4 II (j) and 5 (b) of the Bituminous thereunder; thereunder as follows: The defendant, Coal Act of 1937, may file a petition for I t is ordered, That a hearing in respect Roy C. Ellis, 707 6th Avenue, Oskaloosa, intervention not later than five (5) days to the subject matter of such complaint Iowa, sold during the period from Octo­ before the date herein set for hearing on be held on November 29,1941, at 10 a. m., ber 1, 1940, to August 15,1941, both dates the complaint. at a hearing room of the Bituminous inclusive, to the What Cheer Clay Prod­ Notice is hereby given that answer to Coal Division at the Council Chamber, ucts Company, What Cheer, Iowa, at the complaint must be filed with the Bi­ City Hall, Oskaloosa, Iowa. $1.70 per net ton f. o. b. said mine, ap­ tuminous Coal Division at its Washington It is further ordered, That Joseph D. proximately 1250 tons of run of mine office or with any one of the statistical Dermody or any other officer or officers coal produced by the defendant at his bureaus of the Division, within twenty of the Bituminous Coal Division desig­ mine, Mine Index No. 16, located in Dis­ (20) days after date of service thereof nated by the Director thereof for that trict No. 12, whereas said coal was classi­ on the defendant; and that any defend­ purpose shall preside at the hearing in fied as Size Group 5 as shown in the ant failing to file an answer within such such matter. The officer so designated Schedule of Effective Minimum Prices for period, unless the Director or the presid­ to preside at such hearing is hereby au­ District No. 12 for Truck Shipments and ing officer shall otherwise order, shall be thorized to conduct said hearing, to ad­ priced at $2.75 per net ton f. o. b. said deemed to have admitted the allegations minister oaths and affirmations, examine mine, which transactions constituted (a) of the complaint herein and to have con­ witnesses, subpena witnesses, compel sales of coal at a price which was $1.05 sented to the entry of an appropriate their attendance, take evidence, require below the minimum established therefor, order on the basis of the facts alleged. the production of any books, papers, cor­ and (b) sales of coal as screenings (Size All persons are hereby notified that respondence, memoranda or other rec­ Group 8) when in fact the actual coal the hearing in the above-entitled matter ords deemed relevant or material to the sold was run of mine (Size Group 5). and orders entered therein may concern, inquiry, to continue said hearing from Dated: October 10, 1941. in addition to the matters specifically time to time, and to such places as he [ seal] h . A. G r ay, alleged in the complaint herein, other may direct by announcement at said Director. matters incidental and related thereto, hearing or any adjourned hearing or by whether raised by amendment of the subsequent notice, and to prepare and [F. R. Doc. 41-7670; Filed, October 13, 1941; complaint, petition for intervention, or submit to the Director proposed findings 10:07 a. m.] otherwise, and all persons are cautioned of fact and conclusions and the recom­ to be guided accordingly. mendation of an appropriate order in The matter concerned'herewith is in the premises, and to perform all other [Docket No. 1731-FD] regard to the complaint filed by said duties in connection therewith author­ I n t h e M atter o f W . C. T h o m as and complainant, alleging willful violation by ized by law. L. P a y n e , D efend ants the above-named defendant of the Bitu­ Notice of such hearing is hereby given minous Coal Code or rules and regula­ to said defendant and to all other par­ ORDER CANCELING AND REVOKING CODE tions thereunder as follows: ties herein and to all persons and entities MEMBERSHIP By selling, during the period from De­ having an interest in such proceeding. A complaint dated May 17, 1941, pur­ cember 4, 1940, to January 10, 1941, both Any person or entity eligible under suant to the provisions of sections 4 H dates inclusive, to various purchasers ap­ § 301.123 of the Rules and Regulations (j) and 5 (b) of the Bituminous Coal proximately 8 tons of % " screenings coal Governing Practice and Procedure Be­ Act of 1937 (the “Act”), having been produced by the defendant at its Hart­ fore the Bituminous Coal Division in duly filed on May 17, 1941, by the Bitu­ ford Coal Company Mine, Mine Index No. Proceedings Instituted Pursuant to sec­ minous Coal Producers Board for Dis­ 610, located in District No. 9, at 50 cents tions 4 II (j) and 5 (b) of the Bituminous trict No. 8, a District Board complainant per net ton f. o. b. the mine, whereas this Coal Act of 1937, may file a petition for with the Bituminous Coal Division (the coal was classified as Size Group 14 and intervention not later than five (5) days Division) alleging that the defendants, priced at $1.10 per net ton f. o. b. the before the date herein set for hearing on W. C. Thomas and L. Payne, code mem­ mine as shown in the Schedule of Effec­ the complaint. bers doing business as Thomas and tive Minimum Prices for Truck Ship­ Notice is hereby given that answer to Payne, a partnership, wilfully violated the ments, for District No. 9, which the complaint must be filed with the provisions of the Bituminous Coal Code transactions constituted sales of coal at Bituminous Coal Division at its Washing­ and the effective minimum prices es­ prices below the minimum established ton office or with any one of the statis­ tablished thereunder by selling bitumi­ therefor. tical bureaus of the Division, within nous coal produced by the defendants at Dated: October 10, 1941. twenty (20) days after date of service their mine, known as the Thomas & thereof on the defendant; and that any Payne Mine, designated as Mine Index fSEALl H. A. G ray, defendant failing to file an answer within No. 2368, located at or near Banner, Vir­ Director. such period, unless the Director or the ginia, at prices below the effective mini­ IF. R. Doc. 41-7669; Filed, October 13, 1941; presiding officer shall otherwise order, mum prices therefor, as more specifically 10:07 a. m.J shall be deemed to have admitted the set forth in said complaint; and allegations of the complaint herein and The defendants by stipulation made to have consented to the entry of an ap­ August 23, 1941, a true copy of which is propriate order on the basis of the facts annexed hereto, having admitted the [Docket No. B-14] alleged. allegations of the complaint and the I n the M atter of R o y C. E l l is (R o y C. All persons are hereby notified that facts set out in the stipulation, and hav­ E llis M in in g C o m p a n y ) C ode M e m ­ the hearing in the above-entitled matter ing consented to the making and entry ber, D efendant and orders entered therein may concern, of this order; and NOTICE OF AND ORDER FOR HEARING in addition to the matters specifically al­ The defendants having agreed that leged in the complaint herein, other mat­ upon the entry of this order, they will A complaint dated August 16, 1941, ters incidental and related thereto, immediately pay to the United States pursuant to the provisions of sections 4 whether raised by amendment of the Government the amount of the tax, n (j) and 5 (b) of the Bituminous Coal complaint, petition for intervention, or namely $7.18, stipulated by them to be Act of 1937, having been duly filed on otherwise, and all persons are cautioned the amount required to be paid by sec­ August 26,1941, by Bituminous Coal Pro­ to be guided accordingly. tion 5 (c) of the Act as a condition to 5236 FEDERAL REGISTER, Tuesday, October 14, 1941 reinstatement of their membership in [Docket No. 1707-FD] Now, therefore, it is ordered, That the code, and that they will make such I n the M atter of V & M C oal C ompany, pursuant to section 5 (b) of the Act, the application as will be necessary for their D efendant code membership of the defendant,’ the reinstatement as code members. V & M Coal Company, a code member in ORDER REVOKING AND CANCELING CODE It is hereby found that the defendants, District 4, be and it is hereby revoked and a partnership consisting of W. C. Thomas MEMBERSHIP canceled; and and L. Payne, filed with the National A complaint having been filed on June I t is further ordered, That prior to any Bituminous Coal Commission (the Com­ 2, 1941, with the Bituminous Coal Divi­ reinstatement of the defendant, the V & mission) on June 1, 1938, their accept­ sion, pursuant to the provisions of sec­ M Coal Company, a partnership, or ance, dated May 31,1938, of the code and tions 4 I I (j) and 5 (b) of the Bituminous Joseph Mihalko, Sr., John Mihalko, Jr. that said acceptance was approved by Coal Act of 1937, by District Board No. 4 and Paul Mihalko, partners therein, to the Commission to take effect as of June alleging wilful violation by the V & M membership in the Code, the defendant 1, 1938, and that the defendants have Coal Company, a code member in District or any of the individual partners thereof been, since the last mentioned date, and 4, of the Bituminous Coal Code and rules shall pay to the united States a tax in the are now code members in District No. 8. and regulations thereunder as follows:1 amount of $382.61 as provided in section It is hereby further found that the 5 (c) of the Bituminous Coal Act of 1937. defendants wilfully violated the provi­ That the defendant, between October Dated: October 10,1941. 1, 1940, and April 1, 1941, both dates in­ sions of the code and the effective mini­ [SE AL] J H. A. G ray, clusive, sold substantial quantities of 3 " mum prices established thereunder as Director. alleged in the complaint herein by selling, plus slack coal, 3 " plus lump coal and 6 " offering for sale, and delivering bitumi­ lump coal, produced at its V & M Mine [F. R. Doc. 41-7672, Filed, October 13, 1941- 10:07 a. m.] nous coal produced by the defendants at (Mine Index No. 1998) located in Mahon­ their mine known as the Thomas & Payne ing County, Ohio, in District 4, to various Mine, designated of Mine Index No. purchasers at prices as follows: $1.00, [pocket No. A-239] 2368, located at or near Banner, Virginia, $1.25, $1.95, $2.00, $2.05 per ton f. o. b. in District No. 8, in the following man­ defendant’s mine for 3 " plus slack coal; P etition of the D aw son Coal Company, ner and to the following extent: $1.25, $1.75, $2.00, $2.25 and $2.50 per a C ode M ember in D istrict N o. 3, for ton f. o. b. defendant’s mine for 3" plus R evision of E ffective M inim um Prices A. That the defendants sold, offered lump coal; and $2.50 per ton f. o. b. de­ in Size G roups 5, 6, 7, 8, 9 and 10, P ur­ for sale, and delivered, on February 11, fendant’s mine for 6 " lump coal; whereas, suant to S ection 4 I I (d) of t h e Bitu­ 1941,12,435 pounds of nut and slack coal the effective minimum price for said 3 " m inous Coal A ct of 1937 to one, J. W. Greene, at the price of plus slack coal was $2.35 per ton f. o. b. approximately $1.00 per net ton f. o. b. defendant’s mine, for said 3 " plus lump ORDER DISMISSING PETITION the mine, whereas the effective minimum coal it was $2.90 per ton f. o. b. defend­ The original petitioner having moved price for said coal was $1.55 per net ton ant’s mine and for said 6 " lump coal it that the proceedings in the above-en­ f. o. b. the mine. was $3.00 per ton f. o. b. defendant’s mine, titled matter be dismissed without preju­ B. That the defendants sold, offered all as set forth in the Schedule of Effec­ dice, and there having been no opposition for sale, and delivered, on February 12, tive Minimum Prices for District No. 4 thereto: 1941, 11,950 pounds of nut and slack for Truck Shipments; and Now, therefore, it is ordered, That the coal to one, J. W. Green, at the price of Defendant failed to file duplicate cop­ original petition in the above-entitled approximately $1.04 per net ton f. o. b. ies of daily sales slips or invoices with matter be dismissed, without prejudice, the mine, whereas the effective minimum the field office of the Division for Dis­ and that the proceedings in this docket price for such coal was $1.55 per net ton trict 4, during the period October 1, 1940, be closed. f. o. b. the mine. to December 31, 1940, both dates inclu­ Dated: October 9, 1941. sive, in violation of Division Order No. It is hereby further found that the [ s e a l ] H. A. G ray, amount of the tax, established by sec­ 296, dated September 23. 1940; and Director. tions 5 (b) and (c) of the Act, required Defendant failed to file a monthly re­ to be paid by the defendants as a con­ port of all sales of coal sold and shipped [F. R. Doc. 41-7673; Filed, October 13, 1941; dition to reinstatement of their mem­ from defendant’s mine by truck or 10:08 a. m.] bership in the Code, is $7.18, which wagon, or file copies of sales slips or in­ amount is 39% of the effective minimum voices for each sale in lieu of said price of $18.44 for said coal. monthly report covering the sales period [Docket No. A-151] January 1, 1941 to April 1, 1941, both Now, therefore, based upon the above P etition of C onsolidation Coal Com­ dates inclusive, in violation of Division findings and upon the defendants’ stipu­ p a n y , I nc ., for R evision of P rice In­ Order No. 309 dated January 14,1941; lation and agreement that they will im­ struction 4 in the Schedule of Pursuant to an Order of the Director mediately upon the entry of this order E ffective M in im u m P rices for A ll and after due notice to all interested per­ pay to the United States Government Shipm ents Except T ruck so as to sons, a hearing having been held in this the amount of the tax, namely, $7.18, P ermit Sh ipm ent of O versized % " x 0 matter on September 2,1941, at a hearing found to be the amount required to he C oals F rom M ine N os. 120-121 paid by the defendants pursuant to sec­ room of the Division in Youngstown, Ohio; (A costa), M ine I ndex N os. 115-116, tions 5 (b) and (c) of the Act as a con­ A t the conclusion of the hearing, all D istrict N o. 1 dition to reinstatement of their mem­ parties having joined in the waiving of bership in the Code; ORDER OF THE DIRECTOR APPROVING AND the preparation and filing of the Exami­ I t is ordered, That the membership of ADOPTING PROPOSED FINDINGS OF FACT, ner’s report, the matter having been the above-named defendants in the Code PROPOSED CONCLUSIONS OF LAW AND thereupon submitted to the Director and be and the same is hereby cancelled and RECOMMENDATION OF THE EXAMINER AND the Director having made Findings of revoked, said cancellation and revocation DENYING RELIEF Fact, Conclusions of Law and having to become effective ten (10) days after rendered an Opinion, which are filed This proceeding having been instituted service of copy of this order upon the forthwith; * by a petition filed with the Bituminous defendants. Coal Division by Consolidation Coal Dated: October 9,1941. 1 The complaint was amended by agree­ Company, Inc., a code member in Dis­ [seal] H. A. G ray, ment of the parties on September 2, 1941 in trict 1, pursuant to section 4 II (d) of Director. accordance with section 5 (b) of the rules the Bituminous Coal Act of 1937, re­ and regulations governing proceedings in questing a modification of Price Instruc­ [F. R. Doc. 41-7671; Filed, October 13, 1941; compliance matters. 10:07 a. m.] * Not filed as part of the original document. tion No. 4 in the Schedule of Effective FEDERAL REGISTER, Tuesday, October 14, 1941 5237

Minimum Prices for District No. 1 for Date [Administrative Order No. 625] All Shipments Except Truck with re­ application Name and address filed A llo c a t io n of F u n d s for L o ans spect to petitioner’s oversized % " x 0 Butler Consolidated Coal Co., O ctober 7, 1941. coals moving from the Nos. 120-121 Wildwood, Pa______Oct. 2,1941 (Acosta) Mine, Mine Index Nos. 115-116, Calvert Coal Co. (K. P. Mac­ By virtue of the authority vested in me to various consumers; millan) , Calvert Building, by the provisions of section 4 of the Ru­ Temporary relief having been granted Baltimore, M d ______Sept. 29,1941 Campbell Coal Co., Campbell ral Electrification Act of 1936, as by the Director to the extent of permit­ Bldg., Piedmont, W. Va.____ Oct. 2,1941 amended, I hereby allocate, from the ting petitioner to sell, to Bethlehem Steel E. H. Longshore, P. O. Box 157, sums authorized by said Act, funds for Corporation at Bethlehem, Pennsylvania, York, Ala------Oct. 2,1941 loans for the projects and in the amounts for by-product use only, oversized %"x0 Warren J. Rusk, 33 Douglas Ave., Mànsfleld, Ohio______Sept. 29,1941 as set forth in the following schedule: slack coals produced at its Nos. 120-121 Project Designation: Amount (Acosta) Mine at a price of $2.05 f. o. b. Any district board, code member, dis­ Arkansas 2009C2 Craighead______$20,000 transportation facilities at the mine; tributor, the Consumers’ Counsel, or any Arkansas 2024E2 Washington______21,000 Pursuant to an Order of the Director, other interested person, who has perti­ Colorado 2018B1 Gunnison______50,000 a hearing having been held in this mat­ nent information concerning the eligi­ 1 Georgia 2034E1 Carroll______158,000 bility of any of the above-named appli­ Indiana 2016F1 Henry______48,000 ter on November 25,1940, before Edward , Iowa 2030C1 Franklin______85,000 J. Hayes, a duly designated Examiner of cants for registration as distributors Minnesota 2055F1 Watonwan_____ 110,000 the Division in Washington, at which all under the provisions of the Bituminous North Carolina 2003B1 Wilson interested persons were afforded an op­ Coal Act and the Rules and Regulations Public . . . ______151,000 North Carolina 2023E1 Caldwell.. 316,100 portunity to participate fully in the for the Registration of Distributors, is Ohio 2042D1 Darke______26,000 proceedings; invited to furnish such information to Ohio 2074D1 Butler______32,000 Intervening petitions having been filed the Division on or before November 10, / Oklahoma 2022D1 Cotton______120,000 in this matter by District Boards Nos. 1 1941. This information should be mailed South Carolina 2038B1 Oconee____ 80,000 Tennessee 2028A2 Paris Public____ 15,000 and 7, and by Pocahontas Fuel Company, or presented to the Bituminous Coal Di­ Utah 2008G3 Duchesne______50,000 Inc., the Pocahontas Corporation, and vision, 734 15th Street, NW., Washing­ Wyoming 2021A1 Carbon______314,000 Pulaski Iron Company, code members in ton, D. C. [ s e a l] H arry S latter y, District 7; Dated: October 9, 1941. Administrator. Examiner Edward J. Hayes having [ s e a l] h . A. G r a y , filed with the Director on September 9, Director. [F. R. Doc. 41-7648; Filed, October 11, 1941; 1941, his Report, Proposed Findings of 11:38 a. m.] Fact, Proposed Conclusions of Law and [F. R. Doc. 41-7675; Filed, October 13, 1941; Recommendations in which it is recom­ 10:08 a. m.] mended that the petitioner’s request for Surplus Marketing Administration. relief herein be denied and the tempo­ rary relief terminated; [Docket No. AO 160] DEPARTMENT OF AGRICULTURE. No exceptions having been filed with N otice of H earing W it h R espect to a the Division to the Examiner’s recom­ Rural Electrification Administration. P roposed M arketing A greem ent and a mendation; P roposed O rder R e g ulating th e H a n ­ [Administrative Order No. 624] The undersigned having considered d lin g of M il k i n th e P hiladelphia , the record in this matter and having A l lo c a t io n of F u n d s for L oans P ennsylvania , M ark eting A rea determined that the Proposed Findings of Fact and the Proposed Conclusions of O ctober 2, 1941. Notice is hereby given of a hearing to Law of the Examiner should be approved By virtue of the authority vested in me be held in the Roof Garden, Adelphia and adopted as the Findings of Fact and by the provisions of section 4 of the Rural Hotel, Philadelphia, Pennsylvania, begin­ Conclusions of Law of the undersigned; Electrification Act of 1936, as amended, I ning at 10:00 a. m., e. s. t., October 23, Now, therefore, it is ordered, That the hereby allocate, from the sums authorized 1941, on a proposed marketing agree­ Proposed Findings of Fact and Pro­ by said Act, funds for loans for the proj­ ment and order prepared and proposed posed Conclusions of Law of the Exam­ ects and in the amounts as set forth in by the Interstate Milk Producers Coop­ iner be and they are hereby adopted as the following schedule: erative, Inc., and designed to regulate the Findings of Fact and Conclusions of Project designation: Am ount such handling of milk in the city and Law of the undersigned; and Alabama 2035A2 Jackson______$38, 000 county of Philadelphia; in the county of It is further ordered, That the prayer Arkansas 2018D2 Carroll______6l', 000 Delaware; in the townships of Westtown, Colorado 2018G2 Gunnison____ 120! 000 Thornbury, West Goshen, East Goshen, for relief in this proceeding be and it is Idaho 2004G2 Bonner______195^000 hereby denied, and the temporary relief Indiana 2006D1 Boone______32,000 Willistown, and Easttown in Chester heretofore granted be and it hereby is Indiana 2042D1 Parke______45’ 000 County; in the townships of TJPPer terminated. Indiana 2053C1 Steuben______is' 000 Merion, Lower Merion, Radnor, Haver- Kentucky 2046D2 Harrison____ 60, 000 ford, Whitemarsh, Plymouth, Spring- Dated: October 9, 1941. Kentucky 2054C1 Wayne______223, 000 field, Abington, Moreland, Upper Dub­ [ seal] h . A. G r a y , Michigan 2041C1 Oceana______55,000 Minnesota 2094A3 North Itasca. 23,000 lin, Horsham, Gwynedd, Montgomery, Director. New Jersey 2004D1 Monmouth_ 25,000 Whitpain, Worcester, Norristown, Lower North Carolina 2031B2 Halifax. 25,000 [F. R. Doc. 41-7674; Filed, October 13, 1941; Ohio 2056C1 Lorain______27, 500 Providence, Upper Providence, Limerick, 10:08 a. m.] Tennessee 2051B1 Johnson____ 218, 000 Towanencin, Lower Salford, Upper Sal­ Texas 2040E2 Bowie______34,000 ford, Hatfield, and Franconia in Mont­ Texas 2092C2 Bandera______40’ 000 gomery County; and in the townships Texas 2117G2 Upshur______1,450,000 A pplications for R egistration as Vermont 2010B1 Windham____ 52, 000 of Warminster, Southampton, North­ D istributors Wyoming 2017B2 S. E______4, 700 ampton, Bensalem, Bristol, Falls, Middle- town, Newtown, and Lower Makefield in An application for registration as a [ seal] H arry S lattery, Bucks County, all in the Commonwealth distributor has been filed by each of the Administrator. of Pennsylvania (which area is herein­ following and is under consideration by the Director: [F. R. i)oc. 41-7647; Filed, October 11, 1941; after referred to as the “Philadelphia, 11:38 a. m.] Pennsylvania, marketing area”) as is in 5238 FEDERAL REGISTER, Tuesday, October 14, 1941 the current of interstate commerce, or dated August 12, 1940, for the exemption rough or “ paddy” rice in California, is which directly burdens, obstructs, or of the flat warehousing of grain and the stored in sacks in “ flat” warehouses. affects interstate commerce. storage of other agricultural commodi­ 2. The flat warehousing of grain is This notice is given pursuant to the ties as an industry of a seasonal nature, distinguishable from the storing of grain provisions of Public Act No. 10, 73d Con­ pursuant to section 7 (b) (3) of the Act in bulk by its geographical concentra­ gress, as amended and as reenacted and and Part 526, as amended, of the regula­ tion and by differences in physical fa­ amended by the Agricultural Marketing tions issued thereunder; and cilities and operating techniques and may Agreement Act of 1937, as amended, and Whereas at the time that the said ap­ be considered as a separable branch of of the General Regulations, Series A, No. plication was filed there was pending be­ the grain storing industry. 1, as amended, of the Agricultural Ad­ fore the Wage and Hour Division the 3. Such flat warehouses receive for justment Administration, United States application of the National Grain Trade storing 50 percent or more of their an­ Department of Agriculture. Council and sundry other parties for the nual volume of grain in a period or This public hearing is for the purpose exemption of the receiving of grain, soy periods aggregating 14 workweeks. of receiving evidence (1) as to whether beans, flaxseed, and buckwheat into 4. The flat warehousing of grain in­ marketing conditions for such handling grain elevators as industries of a sea­ cluding rice in the States of California, of milk in the Philadelphia, Pennsyl­ sonal nature, pursuant to section 7 (b) Washington, Oregon, and Idaho is of a vania, marketing area as is in the cur­ (3) of the Act and Part 526, as amended, seasonal nature within the meaning of rent of interstate commerce or which di­ of the regulations issued thereunder; and section 7 (b) (3) of the Fair Labor Stand­ rectly burdens, obstructs, or affects in­ Whereas the said application of the ards Act and of Part 526 of the regula­ terstate commerce are such as to neces­ California Warehousemen’s Association tions issued thereunder. sitate regulation, jointly with the Com­ was made part of the record of, and was monwealth of Pennsylvania or other­ considered in connection with, the hear­ Whereas said findings and determina­ wise, of the handling of such milk in ing held in Chicago, Illinois, on Decem­ tion were duly filed with the Adminis­ order that the declared policy of the act ber 9, 1940, before Mr. Burton D. Seeley, trator on September 23, 1941, and are may be effectuated, and (2) as to the Presiding Officer, in the matter of the now on file in Room 5418, Department specific provisions which a marketing said application of the National Grain of Labor Building, Washington, D. C., agreement and order should contain. Trade Council and sundry other parties; and are available for examination by all The proposed marketing agreement and interested parties. and order provide in detail for: (a) de­ Whereas in his findings and deter­ Now, therefore, pursuant to the pro­ lineating the scope of the regulation by mination in regard to the exemption of visions of § 526.7 of the aforesaid regula­ means of defining the terms “marketing the receiving of grain, soy beans, flax­ tions, notice is hereby given that any area”, “producer”, and “handler” ; (b) seed, and buckwheat into grain elevators person aggrieved by the said determina­ selection of a market administrator; from the maximum hours provisions of tion may, within fifteen days after the (c) classification of milk; (d) minimum the Fair Labor Standards Act of 1938 date that this notice appears in the prices; (e) reports of handlers; (f) pay­ as industries of a seasonal nature, signed F ederal R egister, file a petition with the ments to producers through the use of April 11, 1941, the said Burton D. Seeley Administrator requesting that he review individual handler pools; (g), expenses found that there was insufficient evi­ the action of the said representative upon of administration, and (h) other formal dence in the record upon which to base the record of hearing held before the provisions usually included in marketing a determination with respect to the ex­ said representative. agreements and orders. emption of the flat warehousing of grain Signed at Washington, D. C., this 6th It is hereby determined that an emer­ in sacks; and day of October 1941. gency exists in the Philadelphia, Penn­ Whereas upon receiving a petition P h i l i p B. F leming, sylvania, marketing area which requires a from the said California Warehouse­ Administrator. shorter period of notice than fifteen (15) men’s Association for a rehearing, the days, and it is hereby determined that Administrator of the Wage and Hour [F. R. Doc. 41-7688; Filed, October 13, 1941; 11:49 a. m.] the period of notice given is reasonable Division remanded the matter of the flat under the circumstances. warehousing of grain in California and Copies of the proposed marketing in other western states to the Director agreement and order may be obtained of the Hearings Branch of the Wage and [Administrative Order No. 129] Hour Division for the purpose of holding from the Hearing Clerk, Office of the D iss o lv in g th e S pecial I ndustr y Com­ such rehearing; and Solicitor, United States Department of m it t e e for P uerto R ico Agriculture, Washington, D. C., in Room Whereas the Administrator gave notice 0310 South Building, or may be there of a public hearing to be held at the Whereas the Administrator by Admin­ inspected. Humboldt Bank Building, San Francisco, istrative Order No. 58 dated August 1, 1940, appointed the Special Industry Dated: October 10, 1941. California, on June 2, 1941, before Mr. Committee for Puerto Rico; and I se al] C laude R. W ickard, Harold Stein, an authorized representa­ Whereas the Committee has duly in­ Secretary of Agriculture. tive of the Administrator, who was vestigated conditions in industries in authorized to take testimony, hear argu­ [F. R. Doc. 41-7646; Filed, October 11, 1941; Puerto Rico and recommended minimum 11:88 a. m.] ment, and determine: wage rates therefor; and Whether the flat warehousing of grain Whereas the Administrator has ap­ and the storage of other agricultural proved or disapproved such recommen­ commodities in California and other DEPARTMENT OF LABOR. dations and accordingly issued ap­ western states is a branch or branches of propriate wage orders carrying such Wage and Hour Division. an industry and of a seasonal nature minimum rates into effect; and . within the meaning of section 7 (b) (3) N o tice op O p p o r t u n it y to P e t it io n for Whereas the functions of this Com­ of the Act and Part 526, as amended, of R e v ie w op the D etermination i n th e mittee have now been completed; the regulations issued thereunder, and M atter o p the A p pl ic a t io n for th e E x ­ Now, therefore, it is ordered, That the if so, the appropriate limits of said e m p t io n of the F lat W a r eh o using op Special Industry Committee for Puerto G r a in and the S torage of O ther A gri­ branch or branches of the industry. Rico be and it hereby is dissolved. c u ltu r al C o m m o d itie s F rom th e M a x i­ Whereas following such hearing, the Signed at Washington, D. C., this 6th m u m H ours P r o visio n s o p th e F air said Harold Stein duly made his findings day of October 1941. L abor S tandards A ct of 1938 as a n I n ­ of fact and determined as follows: P h il ip B. F lem ing , d u str y of a S easonal N ature 1. A large proportion of the grain Administrator. Whereas the California Warehouse­ stored in the States of Washington, Ore­ [F. R. Doc. 41-7689; Filed, October 13, 1941; men’s Association filed an application, gon, Idaho, and California, including 11:49 a. m.] FEDERAL REGISTER, Tuesday, October 14, 1941 5239

N otice of H earing i n t h e M atter of E m ­ intention to appear, setting forth his the public, employers in the industry, p lo ym e n t of L earners at L ess T h a n name and address, the company or or­ and employees in the industry, selected the M in im u m W age R ate i n t h e D rug, ganization which he represents, and the with due regard to the geographical re­ M edicine, and T o ile t P reparations approximate length of time required for gions in which the industry is carried I ndustry such presentation. Any interested party on; and unable to appear in person may file a Whereas, the Administrator of the Whereas, Industry Committee No. 33, brief or a statement which will be consid­ Wage and Hour Division, in an opinion on September 4, 1941, recommended a ered if received by October 25,1941. entitled “Finding and Opinion of the Ad­ minimum wage rate for the Passenger As used in this notice, the term “ drug, ministrator in the Matter of the Recom­ Motor Carrier Industry and duly adopted medicine, and toilet preparations indus­ mendation of Industry Committee No. a report containing said recommendation try” is defined as follows: 19 for a Minimum Wage Rate in the and filed its report with the Administra­ The manufacture or packaging of any Drug, Medicine, and Toilet Preparations tor in accordance with section 8 (d) of one or more of the following products: Industry,” dated June 14, 1941, duly ap­ the Act and § 511.19 of the regulations proved the recommendation of the said (1) Drugs or medicinal preparations issued under the Act; and Industry, to become effective July 7,1941, (other than food) intended for internal Whereas, the Administrator is required entitled “Part 600, Minimum Wage Rate or external use in the diagnosis, treat­ by section 8 (d) of the Act, after giving in the Drug, Medicine, and Toilet Prep­ ment, or prevention of disease in, or to due notice and an opportunity to be arations Industry,” providing for wages affect the structure or any function of, heard to interested persons, to approve at the rate of not less than 40 cents per the body of man or other animals, or and carry into effect by order the recom­ hour to be paid under section 6 of the (2) Dentifrices, cosmetics, perfume, or mendation of Industry Committee No. 33 Act by every employer to each of his other preparations designed or intended if he finds that the recommendation is employees in the Drug, Medicine, and for external application to the person made in accordance with law, is sup­ Toilet Preparations Industry who is en­ for the purpose of cleansing, improving ported by the evidence adduced at the gaged in commerce or in the production the appearance of, or refreshing the hearing before him and, taking into con­ of goods for commerce; and person, sideration the same factors as are re­ Whereas applications have been made (3) Provided, That this definition quired to be considered by the Industry by the Toilet Goods Association, Inc. shall not include the manufacture or Committee, wjll carry out the purposes and sundry other parties under section packaging of shaving cream, shampoo, of the Act; and, if he finds otherwise, 14 of the Fair Labor Standards Act of essential (volatile) oils, glycerine, and to disapprove such recommendation; 1938,52 Stat. 1060, and Regulations, Part soap, or the milling or packaging with­ Now, therefore, notice is hereby given: 522, as amended (Regulations Applicable out further processing of crude botanical I. Industry Committee No. 33 for the to the Employment of Learners pursuant drugs. Passenger Motor Carrier Industry has to section 14 of the Fair Labor Standards The definition of the Drug, Medicine, made the following recommendation for Act— Title 29, Labor, Chapter V, Wage and Toilet Preparations Industry covers the minimum wage rate to be paid to em­ and Hour Division) issued by the Ad­ all occupations in the Industry which are ployees in the Passenger Motor Carrier ministrator thereunder for permission to necessary to the production of the ar­ Industry: employ learners in the said industry at ticles specified in the definition includ­ wages less than the applicable minimum ing clerical, maintenance, shipping, and Every employer shall pay not less than wage specified in section 6 of the Act; "selling occupations: Provided, however, 40 cents per hour to each of his employees Now, therefore, pursuant to the said That there shall not be included (a) in who is engaged in commerce or in the Act and § 522.4 of the said Regulations, establishments, the greater part of whose production of goods for commerce in the notice is hereby given of a public hear­ sales or sales of articles purchased for Passenger Motor Carrier Industry, as de­ ing to be held in Room 3229, U. S. De­ resale, employees other than those who fined in Administrative Order No. 117, partment of Labor, 14th Street and are engaged directly in the manufac­ dated July 8, 1941. Constitution Avenue, Northwest, Wash­ turing or the packaging in consumer II. The definition of the Passenger ington, D. C., to commence at 10:00 A. M. packages or products covered by this Motor Carrier Industry as set forth in on October 27,1941, before Alex G. Nord- definition, and (b) employees of a manu­ Administrative Order No. 117 is as holm of the Hearings Branch of the facturer who are engaged exclusively in follows: Wage and Hour Division, hereby duly marketing and distributing products of authorized as Presiding Officer to con­ the Industry which have been purchased The industry carried on by any person duct said hearing, to take testimony »for for resale. who holds himself out to the general the purpose of determining: Signed at Washington, D. C., this 11th public to engage in, or under individual day of October 1941. contracts or agreements engages in, the (a) What, if any, occupation or occu­ transportation by motor vehicle of pas­ B aird S n y d e r III, pations in the Drug, Medicine, and Toilet sengers in interstate commerce over regu­ Acting Administrator. Preparations Industry require a learning lar or irregular routes or under individual period, and if any occupation is found [F. R. Doc. 41-7690; Filed, October 13, 1941; contracts or agreements engages in to require a learning period; 11:50 a. m.] transportation of passengers by motor (b) the factors which may have a vehicle necessary to the production of bearing upon curtailment of opportuni­ goods for interstate commerce. The term ties for employment within the Drug, N otice o f H earing o n M in im u m W age does not include the industry carried on Medicine, and Toilet Preparations In ­ R ecommendation of I n d u s t r y C o m m it ­ by any local trolley or motor bus carrier dustry; and tee No. 33 for th e P assenger M otor or that part of the industry carried on (c) under what limitations as to wages, C arrier I n d u s tr y by any carrier of passengers by rail or time, number, proportion, and length of water or any company which is subject to service special certificates may be issued To be held October 30, 1941, at Wash­ ington, D. C. Administrative Order No. 34 defining the for the employment of learners in the Railroad Carrier Industry. Drug, Medicine, and Toilet Preparations Whereas, by Administrative Order No. Industry. 117, dated July 8, 1941, the Administra­ The definition of the Passenger Motor tor of the Wage and Hour Division, Carrier Industry covers all occupations At this hearing opportunity to present United States Department of Labor, act­ in the industry including clerical, main­ evidence relevant to above questions will ing pursuant to section 5 (b) of the Fair tenance, shipping, and selling occupa­ be afforded any interested person, pro­ Labor Standards Act of 1938, appointed tions: Provided, however, That where an vided the Presiding Officer shall have Industry Committee No. 33 for the Pas­ employee covered by. this definition is received from-such person, prior to noon, senger Motor Carrier Industry, composed employed during the same workweek at Saturday, October 25, 1941, a notice of of an equal number of representatives of two or more different rates of pay, he 200— 6 5240 FEDERAL REGISTER, Tuesday, October 14, 1941

shall be paid the highest of such rates Washington, District of Columbia, De­ Labor Statistics, United States Depart­ for such workweek unless records con­ partment of Labor, 4th Floor. ment of Labor. cerning his employment are kept by his Copies of the Committee’s report and Release Estimated Inter-City Differ­ employer in accordance with applicable recommendation and of the dissenting ences in Cost of Living, June 15, 1941, regulations of the Wage and Hour statements filed by four members of the prepared by the Bureau Of Labor Sta­ Division. Committee, are available for inspection tistics, United States Department of Labor. IH. The full text of the report and at, and may be obtained by writing to, recommendation of Industry Committee the office of the Wage and Hour Division, Bulletin, Serial No. R-1298, entitled No. 33 are and will be available for in­ United States Department of Labor, Changes in Cost of Living, dated March spection by any person between the Washington, D. C. 15, 1941, prepared by the Bureau of La­ hours of 9:00 a. m. and 4:30 p. m. at bor Statistics, United States Department IV. A public hearing for the purpose the following offices of the Wage and of Labor. of taking evidence on the question of Hour Division, United States Department Bulletin, Serial No. R-1156, entitled whether the recommendation of Industry of Labor: The Bureau of Labor Statistics’ New In­ Committee No. 33 shall be approved or dex of Cost of Living, dated March 15, Boston, Massachusetts, Old South disapproved pursuant to Section 8 of the 1940, prepared by the Bureau of Labor Building, 294 Washington Street. Act, will be held on October 30, 1941, at Statistics, United States Department of New York, New York, 341 Ninth 10:00 a. m. in Room 3229, United States Labor. Avenue. Department of Labor Building, Four­ Bulletin, Serial No. R-963, entitled Newark, New Jersey, Essex Building, teenth Street and Constitution Avenue Differences in Living Costs in Northern 31 Clinton Street. NW., Washington, D. C., before Major and Southern Cities, reprinted from the Philadelphia, Pennsylvania, 1216 Wide- Robert N. Campbell, Presiding Officer. Monthly Labor Review, July 1939, by the ner Building, Chestnut & JUniper Streets. V. Any interested person supporting or Bureau of Labor Statistics, United States Pittsburgh, Pennsylvania, 219 Old Post opposing the recommendation of Indus­ Department of Labor. Office Building, Fourth and Smithfield try Committee No. 33 may appear at the Streets. hearing to offer evidence either- on his The record made at the public hearing Richmond, Virginia, 215 Richmond own behalf or on behalf of any other on the Passenger Motor Carrier Industry Trust Building, 627 East Main Street. person, if not later than October 24, before Industry Committee No. 33 may Baltimore, Maryland, 201 North Cal­ 1941, he files with the Administrator by be examined by any interested person at vert Street. mail or otherwise at Washington, D. C„ the office of the Wage and Hour Divi­ Raleigh, North Carolina, North Caro­ a notice of his intent to appear, which sion, United States Department of Labor, lina Department of Labor, Salisbury and shall contain the following information: Washington, D. C., and may be obtained Edenton Streets. at prescribed rates from the official re­ Columbia, South Carolina, Federal 1. The name and address of the per­ porter of the Wage and Hour Division, Land Bank Building, Hampton & Marion son appearing. United States Department of Labor, Streets. 2. I f such person is appearing in a rep­ Washington, D. C. The foregoing reports Atlanta, Georgia, Witt Building, 249 resentative capacity, the name and ad­ and record will be offered in evidence at Peachtree Street, N. E. dress of the person or persons he is rep­ the public hearing herein referred to. resenting. Jacksonville, Florida, 456 New Post Vin. The hearing will be conducted in Office Building. 3. Whether such person proposes to accordance with the following rules of Birmingham, Alabama, 1007 Comer appear for or against the recommenda­ procedure subject to such subsequent Building, 2nd Avenue & 21st Street. tions of the Committee. modification by the Administrator or the New Orleans, Louisiana, 916 Union 4. The approximate length of time re­ Presiding Officer as are deemed ap­ Building. quested for his presentation. propriate: Jackson, Mississippi, 402 Deposit Guar­ VI. Any interested person may secure anty Bank Building, 102 Lamar Street. 1. The hearing shall be stenographi- further information concerning the Nashville, Tennessee, 509 Medical Arts cally reported and a transcript made aforesaid hearing by inquiry directed to Building, 115 Seventh Avenue, NW. which shall be available at prescribed the Administrator of the Wage and Hour Cleveland, Ohio, Main Post Office, W. rates to any person upon request made Division, United States Department of 3rd and Prospect Avenue. to the official reporter of the Wage and Labor, Washington, D. C., or by consult­ Cincinnati, Ohio, 1312 Traction Build­ Hour Division, United States Depart­ ing with attorneys representing the Ad­ ing, 5th and Walnut Streets. ment of Labor, Washington, D. C. ministrator who will be available for that Detroit, Michigan, 348 Federal Build­ 2. In order to maintain orderly and purpose at the office of the Wage and ing. expeditious procedure, each person filing Hour Division in Washington, D. C. Chicago, Illinois, 1200 Merchandise a Notice to Appear shall be notified, if Mart, 222 W. North Bank Drive. VH. Copies of the following documents practicable of the approximate day and Minneapolis, Minnesota, 406 Pence relating to the Passenger Motor Carrier the place at which he may offer evidence Building, 730 Hennepin Avenue. Industry will be available for inspection at the hearing. I f such person does not Kansas City, Missouri, 504 Title & by any interested person between the appear at the time set in the notice, he Trust Building, Tenth & Walnut Streets. hours of 9:00«a. m. and 4:30 p. m. at the will not be permitted to offer evidence at St. Louis, Missouri, 100 Old Federal offices of the Wage and Hour Division any other time except by special permis­ Building. enumerated in paragraph n i above: sion of the Presiding Officer. 3. At the discretion of the Presiding Denver, Colorado, 300 Chamber of Report entitled Passenger Motor Car­ Officer, the hearing may be continued Commerce Building, 1726 Champa Street. rier Industry, dated August 1941, pre­ from day to day, or adjourned to a later Dallas, Texas, Rio Grande National pared by the Research and Statistics date, or to a different place, by an­ Building, 1100 Main Street. Branch, Wage and Hour Division, United nouncement thereof at the hearing by San Francisco, California, Room 500, States Department of Labor. Humboldt Bank Building, 785 Market the Presiding Officer, or by other appro­ Release indexes of Costs of Living in Street. priate notice. 34 Cities for April 15, May 15, and June Los Angeles, California, 417 H. W. Hell- 4. At any stage of the hearing, the man Building. 15, 1941, prepared by the Bureau of La­ Presiding Officer may call for further Seattle, Washington, 305 Post Office bor Statistics, United States Department evidence upon any matter. After the Building, 3rd Avenue and Union Street. of Labor. Presiding Officer has closed the hearing San Juan, Puerto Rico, Post Office Box Release Living Costs in Large Cities, before him, no further evidence shall 112. July 15,1941, prepared by the Bureau of be taken, except at the request of the FEDERAL REGISTER, Tuesday, October 14, 1941 5241

Administrator, unless provision has been tions shall become a part of the record, Glove Findings and Determination of made at the hearing for the later receipt but the record shall not include argu­ February 20, 1940, as amended by Ad­ of such evidence. In the event that the ment thereon except as ordered by the ministrative Order of September 20, Administrator shall cause the hearing Presiding Officer. Objections to the ap­ 1940 (5 F.R. 3748) . to be reopened for the purpose of receiv­ proval of the Committee’s recommenda­ Hosiery Learner Regulations, Septem­ ing further evidence, due and reasonable tion and to the promulgation of a wage ber 4, 1940 (5 F.R. 3530). notice of the time and place fixed for such order based upon such approval must Independent Telephone Learner Regu­ further taking of testimony shall be given be made at the hearing before the Pre­ lations, September 27,1940 (5 F.R. 3829). to all persons who have filed a notice of siding Officer. Knitted Wear Learner Regulations, intention to appear at the hearing. 12. Before the close of the hearing the October 10, 1940 (5 F.R. 3982). 5. All evidence must be presented un­ Presiding Officer shall receive written re­ Millinery Learner Regulations, Custom der oath or affirmation. quests from persons appearing in the Made and Popular Priced, August 29,1940 6. Written documents or exhibits, ex­ proceeding for permission to make oral (5 F.R. 3392, 3393). cept as otherwise permitted by the Pre­ arguments before the Administrator upon Textile Learner Regulations, May 16, siding Officer, must be offered in evidence the matter in issue. These requests will 1941 (6 F.R. 2446). by a person who is prepared to testify be forwarded to the Administrator by the Woolen Learner Regulations, October as to the authenticity and trustworthi­ Presiding Officer with the record of the 30, 1940 (5 F.R. 4302). ness thereof, and who shall, at the time proceedings. I f the Administrator, in his The employment of learners under of offering the documentary exhibit, discretion allows the request, he shall these Certificates is limited to the terms make a brief statement as to the contents give such notice thereof as he deems suit­ and conditions as to the occupations, and manner of preparation thereof. able to all persons appearing in the pro­ learning periods, minimum wage rates, 7. Written documents and exhibits ceeding, and shall designate the time and et cetera, specified in the Determination shall be tendered in duplicate and the place at which the oral arguments shall and Order or Regulation for the industry persons preparing the same shall be pre­ be heard. I f such requests are allowed, designated above and indicated opposite pared to supply additional copies if such all persons appearing at the hearing will the employer’s name. These Certificates are ordered by the Presiding Officer. be given opportunity to present oral argu­ become effective October 13, 1941. The Where evidence is embraced in a docu­ ment. Certificates may be cancelled in the man­ ment containing matter not intended to 13. Briefs (12 copies) may be submitted ner provided in the Regulations and as be put in evidence, such a document will to the Administrator following the close indicated in the Certificates. Any person not be received, but the person offering of the hearings, by any persons appear­ aggrieved by the issuance of any of these the same may present to the Presiding ing therein. Notice of the final dates for Certificates may seek a review or re­ Officer the original document together filing such briefs shall be given by the consideration thereof. with two copies of those portions of the Administrator in such manner as shall document intended to be put in evidence. be deemed suitable by him. NAME AND ADDRESS OF FIRM, INDUSTRY, Upon presentation of such copies in 14. On the close of the hearing the PRODUCT, NUMBER OF LEARNERS AND proper form, the copies will be received Presiding Officer shall forthwith file a EXPIRATION DATE in evidence. complete record of the proceedings with The following certificates at the rate 8. Subpoenas requiring the attendance the Administrator. The Presiding Offi­ of 75% of the applicable hourly minimum of witnesses or the presentation of a cer shall not file an intermediate report wage. document from any place in the United unless so directed by the Administrator. Apparel States at any designated place of hear­ I f a report is filed, it shall be advisory ing may be issued by the Administrator only and have not binding effect upon the Apollo Shirt Company, Inc., 130 Fifth at his discretion, and any person ap­ Administrator. Avenue, New York, New York; Shirts; pearing in the proceeding may apply in 15. No order issued as a result of the 10 learners; April 13, 1942. writing for the issuance by the Adminis­ hearing will take effect until after due B & O Manufacturing Company, 16 trator of the subpoena. Such applica­ notice is given of the issuance thereof by South Eutaw Street, Baltimore, Mary­ tions shall be timely and shall identify publication in the F ederal R egister. land; Lumber Jackets, Herringbone Twill exactly the witness or document and state Signed at Washington, D. C., this 11th Jackets; 10 percent; January 26, 1942. fully the nature of the evidence proposed day of October 1941. Bayard Sportswear Company, 40 Har­ to be secured. rison Avenue, Boston, Massachusetts; B aird S nyd e r III, 9. Witnesses summoned by the Admin­ Men’s Sport Trousers, Golf Jackets and Acting Administrator. istrator shall be paid the same fees and Pants; 2 learners; Octpber 13, 1942. mileage as are paid witnesses in the [F. R. Doc. 41-7691; Filed, October 13, 1941; Michael Berkowitz Company, Inc., courts of the United States. Witness 11:50 a. m.] Frostburg, Maryland; Shirts and Pa­ fees and mileage shall be paid by the jamas; 10 percent; October 13, 1942. party at whose instance witnesses ap­ Bethlehem Shirt Factory, 1624-26 East N otice op I ssuance of S pecial C e r t if i­ pear, and the Administrator before is­ Tenth Street, Bethlehem, Pennsylvania; cates for th e E m p l o y m e n t o f L earners suing subpoena may require a deposit of Work Shirts; 4 learners; October 13,1942. U nder t h e F air L abor S tandards A ct an amount adequate to cover the fees and A. A. and H. Bezozi, Inc., 352 Fourth of 1938 mileage involved. Avenue, New York, New York; Infants’ 10. The rules of evidence prevailing in Notice is hereby given that Special Caps and Bonnets; 10 percent; April 6, courts of law or equity shall not be con­ Certificates authorizing the employment 1942. trolling. of learners at hourly wages lower than Max Blank, 432 Market Street, Phila­ 11. The Presiding Officer may, at his the minimum wage rate applicable under delphia, Pennsylvania; Cotton Wash discretion, permit any person appearing section 6 of the Act are issued under Dresses and Blouses; 5 learners; October in the proceeding to cross-examine any section 14 thereof, Part 522 of the Regu­ 13, 1942. witness offered by another person in so lations issued thereunder (August 16, Blossom Dress Company, 315 Cherry far as is practicable, and to object to the 1940, 5 F.R. 2862) and the Determination Street, Scranton, Pennsylvania; Dresses; admission or exclusion of evidence by and Order or Regulation listed below and 10 percent; October 13, 1942. the Presiding Officer. Requests for per­ published in the F ederal R egister as “ Bundle O’Joy Baby Wear Company, mission to cross-examine a witness of­ here stated. 49 S. Pennsylvania Avenue, Wilkes-Barre, fered by another person and Objections Apparel Learner Regulations, Septem­ Pennsylvania; Infants’ Flannelette and to the admission or exclusion of evidence ber 7, 1940 (5 F.R. 3591). Crepe Kimonos, Gertrudes and Binders; shall be stated briefly with the reasons Artificial Flowers and Feathers Learner 10 learners; October 13,1942. for such request or the ground of objec­ Regulations, October 24, 1940 (5 F.R. Capital City Clothing Company, #1 tion relied on. Such requests or objec­ 4203). Bruenig Avenue, Trenton, New Jersey; 5242 FEDERAL REGISTER, Tuesday, October 14, 1941

Men’s Sack Coats, Sport Coats, Over­ J. G. Sportswear, 129 W. 3rd Street,' Pleasant Dress Company, 145 Thorn­ coats, Topcoats; 5 percent; October 13, Los Angeles, California; Ladies’ Slack dike Street, Lowell, Massachusetts; 1942. Suits; 5 learners; October 13, 1942. Dresses; 10 learners; October 13,1942. Cluett, Peabody and Company, Inc., Jacobson Brothers Dresses, Inc., 1304 Ram Manufacturing Corporation, 44 Corinth, New York; Dress Shirts, Sport Arch Street, Philadelphia, Pennsylvania; West 28th Street, New York, New York; Shirts; 10 percent; October 13, 1942. Dresses; 10 percent; October 13, 1942. Jackets; 20 learners; January 26, 1942* Cluett, Peabody and Company, Inc., Kleason Company, Jefferson Avenue, Rite Form Corset Company, Inc., 635 433 River Street, Troy, New York; Collars, Moundsville, West Virginia; Single Cot­ Sixth Avenue, New York, New York; Dress and Sport Shirts; 10 percent; Oc­ ton Pants; 10 percent; October 13, 1942. Corsets, Brassieres, Girdles; 10 percent’ tober 13, 1942. Knickerbocker Manufacturing Com­ January 26, 1942. Cluett, Peabody and Company, Inc., pany, Inc., West Main Street, West J. Rogat Shirt Company, 201 Pennsyl­ Murphy Avenue, Atlanta, Georgia; Dress Point, Mississippi; Men’s Pajamas, vania Avenue, Bangor, Pennsylvania; and Sport Shirts; 10 percent; October Woven Underwear; 10 percent; October Dress Shirts; 10 percent; October 13 13, 1942. 13, 1942. 1942. Cookeville Shirt Company, Walnut Kramer Pants Company, 711 Main W iley Samuelson, 325 W. Jackson Street, Cookeville, Tennessee; Work Street, Asbury Park, N. J.; Boys’ Pants; Street, Chicago, Illinois; Women’s Ap­ Shirts; 10 percent; October 13, 1942. 5 learners; October 13, 1942. parel; 3 learners; October 13, 1942. Cortland Corset Company, East Court T. S. Lankford and Sons, 151^ Wal­ Savada Brothers, Baltimore Street, Street, Cortland, New York; Corsets and nut Street, Abilene, Texas; Men’s Pants, Glen Rock, Pennsylvania; Boys’ Pa­ Foundation Garments; 10 percent; Octo­ Shirts, Coveralls, & Work Garments; 10 jamas; 5 percent; October 13,1942. ber 13, 1942. percent; October 13, 1942. Shawnee Garment Company, lio J. H. Cownie Company, 3rd and Vine Lebanon Garment Company, Inc., East Downing Street, Plymouth, Pennsylva­ Streets, Des Moines, Iowa; Cotton Pants, Market Street, Lebanon, Tennessee; Sin­ nia; Dresses; 10 learners; October 13 Leather and Wool Coats; 10 learners; gle Pants, Cotton & Mixed; 10 percent; 1942. October 13, 1942. October 13, 1942. Smart Maid Company, Inc., 1421 Wal­ Dorchester Pants Company, Cam­ H. Linsk and Company, Inc., Clayton, lace Street, Philadelphia, Pennsylvania; bridge, Maryland; Work Pants and Work New Jersey; Children’s Dresses; 10 Children’s Dresses; 10 percent; October Shirts; 5 learners; October 13, 1942. learners; October 13, 1942. 13, 1942. Dunn Manufacturing Company, 211- H. Linsk and Company, Inc., Mantua Rudolph Stern Dress Company, 55-59 21 North 13th Street, Philadelphia, Avenue, Woodbury, New Jersey; Dresses; E. Main Street, Columbus, Ohio; Dresses; Pennsylvania; Dresses; 10 learners; Oc­ 10 learners; October 13, 1942. 5 learners; October 13,1942. tober 13, 1942. H. Linsk and Company, Inc., Westville, The Strouse, Adler Company, 78 Olive Durable Sportswear Company, Inc., 47 New Jersey; Dresses; 10 learners; Octo­ Street, New Haven, Connecticut; Cor­ Broadway, Lynbrook, New York; Leather ber 13, 1942. sets; 12 learners; October 13, 1942. Jackets; 5 learners; October 13,1942. H. Linsk and Company, Inc., Penns The Superior Uniform Company, Inc., Cornelius, North Carolina; Sport Shirts; Duti-Duds, Incorporated, 1117 Clay Grove, New Jersey; Dresses; 10 percent; 30 learners; March 13, 1942. Street, Lynchburg, Virginia; Cotton Uni­ October 13, 1942. form Dresses, Women’s Pajamas and Tailor Maid Blouses, 127 East Ninth Malouf Manufacturing Company, 146 Aprons; 5 learners; October 13,1942. Street, Los Angeles, California; Blouses; South West Temple Street, Salt Lake Elk Brand Shirt and Overall Company, 5 percent; October 13, 1942. City, Utah; Cotton Wash Frocks, Rayon N. E. Cor. 11th and Campbell Streets, Taneytown Manufacturing Company, Slips; 4 learners; October 13, 1942. Hopkinsville, Kentucky; Overalls and Broad Street, Taneytown, Maryland; Denim Coats, Work Shirts, Work Pants, Martha Maid Manufacturing Com­ Coats, Vests, Pants; 5 percent; October Ensembles; 10 learners; October 13,1942. pany, Inc., 367 West Adams Street, Chi­ 13, 1942. Bert Finch Manufacturing Company, cago, Illinois; Slips, Gowns, Pajamas; Tiny Town Togs, Inc., 2 River Street, 407 East Pico, Los Angeles, California; 10 percent; October 13, 1942.. Troy, New York; Dresses; 10 percent; Wash Dresses; 5 learners; October 13, Martindale Garment Company, Mar- October 13, 1942. 1942. tindale, Pennsylvania; Ladies’ Undergar­ Traflcante and Botto, 1226 S. 8th Fineform Brassiere Company, Inc., 31 ments Under Contract; 5 learners; Oc­ Street, Philadelphia, Pennsylvania; Cot­ West 27th Street, New York, New York; tober 13, 1942. ton Dresses and Jackets; 3 learners; Oc­ Brassieres, Girdles, Corsets, Garter Belts; Massachusetts Shirt Manufacturing tober 13, 1942. 10 percent^ January 26, 1942. Corporation, 94 Sawyer Street, New Bed­ Universal Hat and Cap Manufacturing D. Gamson and Company, 1105 West ford, Massachusetts; Men’s Dress Shirts Company, 231 South Green Street, Chi­ Chicago Avenue, Chicago, Illinois; and Polo Shirts; 10 percent; October cago, Illinois; Men’s & Boys’ Headwear; Aprons; 15 learners; April 6,1942. 13, 1942. 3 learners; October 13, 1942. Gay Belle Manufacturing Company, McMullen-Leavens Company, 51 Law­ Westboro Underwear Company, West- Inc., 16 E. 17th Street, New York, New rence Street, Glens Falls, New York; boro, Massachusetts; Ladies’ Underwear York; Aprons; 2 learners; April 13, 1942. Shirts and Dresses; 10 percent; October and Nightwear; 5 learners; October 13, Pauline Gordon, Incorporated, 112 13, 1942. 1942. Madison Avenue, New York, New York; Model Blouse Company, Mulberry Winer Manufacturing Company, Inc., Brassieres and Corsets; 10 percent; Jan­ Street, Millville, New Jersey; Boys* Shirts 231 Condit Street, Hammond, Indiana; uary 12, 1942. and Shorts; 10 percent; October 13,1942. Shirts and Trousers; 10 percent; Octo­ Hasson Dress Company, 151 Newark The Nite Kraft Corporation, 451 South ber 13, 1942. Avenue, Jersey City, New Jersey; Jefferson Street, Orange, New Jersey; Apex Shoulder Pad Company, 515 Dresses; 5 learners; October 13, 1942. Broadway, New York, New York; Shoul­ Hollywood Maxwell Company, 306 Children’s & Women’s Sleeping Apparel; der Pads; 5 learners; March 23, 1942. North Main Street, Cameron, Missouri; 10 percent; October 13, 1942. Brassieres; 5 learners; October 13, 1942. Normandin Brothers Company, 2715 Gloves Hollywood Maxwell Company, Front South Main Street, Los Angeles, Cali­ Elmer Little and Son, 10-14 Glenwood Street, Natchitoches, Louisiana; Bras­ fornia; Robes and Sportswear; 10 learn­ Avenue, Johnstown, New York; Leather sieres; 2 learners; October 13, 1942. ers; October 13, 1942. Dress Gloves; 2 learners; October 13, Hoosick Falls Undergarment Corpo­ Picayune Shirt Factory, Inc., Good­ ration, Hoosick Street, Hoosick Falls, year Boulevard, Picayune, Mississippi; 1942. New York; Woven Slips; 10 learners; Work Shirts; 10 percent; October 13, Springfield Knitting Mills Company, October 13, 1942. 1942. 36 New Dwight Street, Springfield, Mas- FEDERAL REGISTER, Tuesday, October 14, 1941 5243

sachusetts; Knit W ool Gloves; 60 learn­ in order to prevent curtailment of op­ Code, the Board hereby directs that ers; April 13,1942. portunities for employment. The Cer­ the foregoing findings be certified to the Hosiery tificates may be cancelled in the manner Employment Security Commission of provided for in the Regulations and as the State of Wyoming. Blackstone Hosiery Mills, Inc., Val­ indicated on the Certificate. Any per­ [ s e a l] S ocial S e c u r it y B oard, dese, North Carolina; Seamless Hosiery; son aggrieved by the issuance of these 5 percent; October 13, 1942. A. J. A l t m e y e r , Certificates may seek a review or recon­ Chairman. Damascus Hosiery Mills, Inc., Damas­ sideration thereof. O ctober 3, 1941. cus, Virginia; Seamless Hosiery; 5 learn­ NAME, AND ADDRESS OF FIRM, PRODUCT, NUM ­ ers; October 13, 1942. Approved: BER OF LEARNERS, LEARNING PERIOD, Eva’s Hosiery Repair Shop, 152 N. 9th P a u l V. M cN u t t , LEARNER WAGE, LEARNER OCCUPATIONS, Street, Reading, Pennsylvania; Pull Administrator. EXPIRATION DATE Fashioned Hosiery; 4 learners; April 13, O ctober 10, 1941. 1942. Beyerle Manufacturing Company, 67 John L. Feab and Sons, 1635 Poplar Forrest Street, Brooklyn, New York; [F. R. Doc. 41-7687; Filed, October 13, 1941; Street, Port Huron, Michigan; Seamless Dress Shields; 10 percent; 8 weeks for 11:33 a. m.] Hosiery; 5 percent; October 13, 1942. any one learner (320 hours); 75 percent Full Knit Hosiery Mills, Inc., Highway of the applicable minimum; Machine 70, Burlington, North Carolina; Seam­ operators; April 13, 1942. less Hosiery; 7 learners; October 13, Louis Brosilow, Inc., 179 N. Michigan SECURITIES AND EXCHANGE COM­ 1942. Avenue, Chicago, Illinois; Portable MISSION. Gray Line Hosiery Company, Cham- Lamps and Shades; Silk Shades; 3 learn­ [File No. 811-387] bersburg, Pennsylvania; Seamless H o­ ers; 320 hours for any one learner; 35 siery; 5 percent; October 13, 1942. cents per hour; Lamp Shade Sewing; I n th e M atter of U nite d G as & E lectric Maywood Silk Hosiery Mills, Inc., Sec­ April 13, 1942. C o m p a n y ond Street, Cordele, Georgia; Pull Fash­ United Pressed Products Company, NOTICE OF AND ORDER FOR HEARING ioned Hosiery; 5 learners; October 13, 407 South Aberdeen Street, Chicago, 1942. Illinois; Converted Paper Products; A t a regular session of the Securities Nelson Knitting Company, 909-911 Molded Paper, Phonographs; 5 learners; and Exchange Commission held at its South Main Street, Rockford, Illinois; 4 weeks for any one learner; 30 cents office in the City of Washington, D. C. on Seamless Hosiery; 5 percent; October 13, per hour; Molder; November 24, 1941. the. 11th day of October, A. D. 1941. 1942. An application having been duly filed Signed at Washington, D. C., this 13th by the above named applicant under Shendoah Knitting Mills, Inc., Shen­ day of October 1941. andoah, Virginia; Full Fashioned Ho­ and pursuant to the provisions of section siery; 5 percent; October 13, 1942. M erle D. V in c e n t , 8 (f) of the Investment Company Act Silkay Hosiery Mills, 3rd and Turner Authorized Representative of 1940 for an order declaring that the Streets, Allentown, Pennsylvania; Full of the Administrator. applicant has ceased to be an invest­ Fashioned Hosiery; 5 learners; June 13, [F. R. Doc. 41-7693; Filed, October 13, 1941; ment company within the meaning of 1942. 11:51 a. m.] that Act; Waldensian Hosiery Mills, Inc., Val­ I t is ordered, That a hearing on such dese, North Carolina; Seamless Hosiery; matter under the applicable provisions of the Act and the Rules and Regula­ 5 percent; October 13, 1942. FEDERAL SECURITY AGENCY. tions of the Commission thereunder be Signed at Washington, D. C., this 13th held on October 20,1941, at 10:00 o’clock day of October 1941. Social Security Board. in the forenoon of that day in the Secu­ M erle D. V in c e n t , C ertification to th e E m p l o y m e n t S ecut rities and Exchange Commission Build­ Authorized Representative r it y C o m m is s io n of t h e S tate of ing, 1778 Pennsylvania Avenue NW., of the Administrator. W y o m in g Washington, D. C. On such day the [F. R. Doc. 41-7692; Piled, October 13, 1941; The Employment Security Commission hearing room clerk in Room 1102 will 11:50 a. m.] of the State of Wyoming having duly advise the interested parties where such submitted to the Social Security Board, hearing will be held. pursuant to the provisions of section It is further ordered, That Willis E. N otice of I ssuance of S pecial C er t ifi­ 1602 (b) (3) of the Internal Revenue Monty, Esquire, or any other officer or cates for the E m p l o y m e n t of L earners Code, as amended, the Wyoming employ­ officers of the Commission designated by U nder the F air L abor S tandards A ct of ment security law; and it for that purpose shall preside at such 1938 The Social Security Board having con­ hearing on such application. The officer Notice is hereby given that Special Cer­ sidered the provisions of said law to so designated to preside at any such tificates authorizing the employment of determine whether or not reduced rates hearing is hereby authorized to exercise learners at hourly wages lower than the of contributions are allowable there­ all the powers granted to the Commis­ minimum rate applicable under section under under conditions fulfilling the sion under sections 41 and 42 (b) of the 6 of the Act are issued under section 14 requirements of section 1602 of the Investment Company Act of 1940 and to thereof and § 522.5 (b) of the Regulations Internal Revenue Code; trial examiners under the Commission’s Rules of Practice. issued thereunder (August 16, 1940, 5 The Board hereby finds that: F.R. 2862) to the employers listed below Notice of such hearing is hereby given effective October 13, 1941. (1) Said law provides for a pooled to the above named applicant and to any The employment of learners under fund as defined in section 1602 (c) (2) other person or persons whose participa­ these Certificates is limited to the terms of the Internal Revenue Code; and tion in such proceedings may be in the and conditions as designated opposite the (2) Reduced rates of contributions public interest or for the protection of employer’s name. These Certificates are under said law to such pooled fund are investors. issued upon the employers’ representa­ allowable only in accordance with, the By the Commission. tions that experienced workers for the provisions of section 1602 (a) (1) of the [ se al] F rancis P. B rassor, learner occupations are not available for Internal Revenue Code. Secretary. employment and that they are actually Pursuant to the provisions of section [F. R. Doc. 41-7680; Filed, October 13, 1941; m need of learners at subminimum rates 1602 (b) (3) of the Internal Revenue 11:27 a. m.] 5244 FEDERAL REGISTER, Tuesday, October 14, 1941

[File No. 811-2711 he be notified if the Commission should versy, and the order of presentation of I n the M atter o f U nite d J er sey S e c u ­ order a hearing thereon. At any time evidence most conducive to an orderly proceeding; and r ities C orporation thereafter such declaration or applica­ tion, as filed or as amended, may become The Commission having heretofore, on NOTICE OF AND ORDER FOR HEARING effective or may be granted, as provided August 6, 1941, heard argument in the At a regular session of the Securities in Rule U-23 of the Rules and Regula­ proceeding, pursuant to section 11 (b) and Exchange Commission held at its of­ tions promulgated pursuant to said Act. (1) of the Act, entitled “In the Matter of fice in the City of Washington, D.C., on Any such request should be addressed: Cities Service Power & Light Company the 11th day of October, A. D. 1941. Secretary, Securities and Exchange Com­ and Its Subsidiary Companies, Respond­ An application having been duly filed mission, Washington, D. C. ents,” File No. 59-7, and having taken by the above named applicant under and All interested persons are referred to under advisement the matters included pursuant to the provisions of section said declaration or application, which is in said proceeding; and 8 (f) of the Investment Company Act of on file in the office of said Commission, Cities Service Power & Light Company 1940 for an order declaring that the for a statement of the transactions and Cities Service Company having here­ applicant has ceased to be an invest­ therein proposed, which are summarized tofore, on August 1, 1941, filed applica­ ment company within the meaning of below: tion, pursuant to section 11 (e) of the that Act; Iowa Public Service Company, a sub­ Act, for approval of a plan proposed by I t is ordered, That a hearing on such sidiary of Sioux City Gas and Electric said applicants (File No. 30-196); and matter under the applicable provisions Company, a registered holding company, Counsel for the respondents having of the Act and the Rules and Regulations proposes to purchase (1) substantially requested, in the course of the aforesaid of the Commission thereunder be held all of the assets, including the gas plant argument on September 24, 1941, that on October 20, 1941, at 10:00 o’clock in and gas distribution system located at both of the said proceedings under sec­ the forenoon of that day in the Securi­ Independence, Iowa, of Independence tion 11 (b) (1) of the Act and the said ties and Exchange Commission Build­ Gas Company, a subsidiary of Great application under section 11 (e) of the ing, 1778 Pennsylvania Avenue NW., Lakes Utilities Company, a registered Act be consolidated, and that the taking Washington, D. C. On such day the holding company, for $55,000 cash, and of evidence with respect to the proceed­ hearing room clerk in Room 1102 will (2) substantially all of the assets, includ­ ing pursuant to section 11 (b) (1) of the advise the interested parties where such ing the natural gas distribution system Act, entitled “In the Matter of Cities hearing will be held. located at LeMars, Iowa, of LeMars Gas Service Company and Its Subsidiary I t is further ordered, That Willis E. Company, also a subsidiary of Great Companies, Respondents,” File No. 59-24, Monty, Esquire, or any other officer or Lakes Utilities Company, for $70,000 cash. be deferred until hearings with respect officers of the Commission designated by In addition to the cash consideration, the to the said application under section 11 it for that purpose shall preside at such vendee also proposes to assume all the (e) of the Act have been held; and hearing on such application. The officer outstanding liabilities of the vendors Counsel for the respondents and coun­ so designated to preside at any such (other than those owed to affiliates of sel for the Public Utilities Division hav­ hearing is hereby authorized to exercise the vendors). ing stipulated that all evidence with re­ all the powers granted to the Commis­ Iowa Public Service Company proposes spect to the respondents herein, con­ sion under sections 41 and 42 (b) of the to pay Polk-Peterson Corporation and tained in the record of the proceeding Investment Company Act of 1940 and to Carleton D. Beh Company $2,500 for their entitled “In the Matter of Cities Serv­ trial examiners under the Commission’s right, title and interest in and to a con­ ice Power & Light Company and Its Rules of Practice. tract to purchase said assets. Subsidiary Companies, Respondents,” Notice of such hearing is hereby given The declaration or application recites File No. 59-7, so far as relevant to the to the above named applicant and to any that the company considers Sections 9 issues herein stated, shall be incorpo­ other person or persons whose participa­ and 10 of the said Act as being applicable rated in the record of the proceeding tion in such proceedings may be in the to such transactions. herein, and shall be regarded as evidence public interest or for the protection of By the Commission. duly adduced in such proceeding; and It appearing to the Commission that investors. [ se al] F rancis P. B rassor, By the Commission. Secretary. disposition of the matters included in said proceedings and said application [ se al] F rancis P. B rassor, [F. R. Doc. 41-7682; Filed, October 13, 1941; may best be made by completion of the Secretary. 11: 27 a. m.] requisite record with respect to the pro­ [F. R. Doc. 41-7681; Filed, October 13, 1941; ceeding herein instituted on July 3,1941, 11:27 a. m.] under section 11 (b) (1) of the Act, prior [File NO. 59-24] to consideration of the said application I n the M atter o f C it ie s S ervice C o m ­ under section 11 (e) of the Act; [File No. 70-409] p a n y and I ts S u b sid ia r y C o m p a n ie s , I t is hereby ordered, That a hearing on I n th e M atter of I o w a P u b l ic S ervice R e spo n d e n ts the proceeding herein be held on October C o m p a n y 28, 1941, at 10:00 A. M., at the offices of NOTICE OF AND ORDER SETTING DATE FOR the Securities and Exchange Commission, NOTICE REGARDING FILING HEARING 1778 Pennsylvania Avenue NW., Wash­ A t a regular session of the Securities At a regular session of the Securities ington, D. C., in such room as may be and Exchange Commission, held at its and Exchange Commission, held at its designated on such day by the hearing office in the City of Washington, D. C., office in the City of Washington, D. C., room clerk in Room 1102, for the pur­ on the 11th day of October, A. D. 1941 on the 9th day of October, A. D. 1941. pose of receiving evidence bearing upon Notice is hereby given that a declara­ The Commission having heretofore, on the issues made by the Commission’s tion or application (or both), has been July 3,1941, instituted a proceeding pur­ order of July 3, 1941, and respondents’ filed with this Commission pursuant to suant to section 11 (b) (1) of the Public answers thereto and upon the question the Public Utility Holding Company Act Utility Holding Company Act of 1935, en­ whether the Commission should enter an of 1935 by the above-named party; and titled “In the Matter of Cities Service order or orders pursuant to section 11 (b) Notice is further given that any in­ Company and Its Subsidiary Companies, (1) of the Act; and terested person may, not later than Oc­ Respondents,’’ File No. 59-24, and having It is further ordered, That William W. tober 29, 1941, at 4:45 p. m., E. S. T., re­ heretofore, on September 24, 1941, heard Swift, or any other officer or officers of quest the Commission in writing that a argument with respect to the issues in the Commission designated by it for that hearing be held on such matter, stating said proceeding, the simplification of such purpose, shall preside at said hearing. the reasons for such request and the na­ issues, the facts and issues that appear The officer so designated is hereby au­ ture of his interest, or may request that to be without substantial basis of contro­ thorized to exercise all the powers FEDERAL REGISTER, Tuesday, October 14, 1941 5245

granted to the Commission under section office in the City of Washington, D. C., application to the Commission to extend 18 (c) of the Act and to a trial examiner on the 10th day of October, A. D. 1941. unlisted trading privileges to the above- under the Commission’s Rules of Prac­ The Commission having on July 3, mentioned securities; and tice; and 1941 issued a Notice of and Order for The Commission having ordered that It is further ordered, In the interest Hearing in the above entitled proceed­ a hearing be held in this matter on of expeditious procedure that all evidence ings directing that the respondents Tuesday, October 14, 1941, in Washing­ with respect to the respondents herein, named therein file with the Secretary ton, D. C.; and contained in the record of the proceed­ of the Commission on or before August The Commission having received a re­ ing entitled “In the M atter of Cities Serv­ 2, 1941 their joint or several answers in quest for postponement of this hearing ice Power & Light Company and Its Sub­ the premises and that a hearing be held and having been advised that the appli­ sidiary Companies, Respondents,” Pile on August 19, 1941 at 10 A. M. in the cant herein has no objection to the No. 59-7, so far as relevant to the issues offices of the Commission with reference granting of such request; herein stated, shall be incorporated in to the allegations of the said Notice I t is ordered, That said hearing be the record of the proceeding herein, and of and Order for Hearing; and postponed until 10 a. m. on Friday, No­ shall be regarded as evidence duly ad­ The said time for filing answers and vember 7, 1941, in Room 1101, Securities duced in such proceeding, subject to the for the hearing as above having been and Exchange Commission Building, 1778 same objections and exceptions preserved postponed by the Commission at the re­ Pennsylvania Avenue NW „ Washington, in the record of the proceeding in which quest of the respondents, by orders dated D. C., and continue thereafter at such such evidence was first introduced and July 31, 1941, August 22, 1941 and Sep­ times and places as the Commission or to such further objections and exceptions tember 11,1941; and its officer herein designated shall deter­ as may be made by any party to the Cities Service Company and Empire mine, and that general notice thereof be proceeding herein; and Gas and Fuel Company having requested given; and It is further ordered, That the evidence that the date for filing answers and for It is further ordered, That Willis E. adduced herein, together with the evi­ the hearing as above postponed be fur­ Monty, an officer of the Commission, be dence contained in the record of the ther postponed for the reason that the and he hereby is designated to admin­ proceeding entitled “ In the Matter of issues involved require further time for ister oaths and affirmations, subpoena Cities Service Power & Light Company preparation for the filing of such an­ witnesses, compel their attendance, take and Its Subsidiary Companies, Respond­ swers and for such hearing; and evidence, and require the production of ents,” Pile No. 59-7, so far as relevant to It appearing t « the Commission that any books, papers, correspondence, mem­ the issues which may arise upon consid­ the request made to the Commission by oranda or other records deemed relevant eration of the aforesaid application filed the respondents is not unreasonable and or material to the inquiry, and to per­ by respondents pursuant to section 11 may appropriately be granted; form all other duties in connection (e) of the Act, Pile No. 30-196, shall be I t is ordered, That the date of filing therewith authorized by law. deemed a part of the requisite record answers by Cities Service Company and By the Commission. to be made at the hearings which may Empire Gas and Fuel Company as post­ [ se al] F rancis P. B rassor, be held upon the said application and poned by the Commission order of Sep­ Secretary. shall be regarded as evidence duly ad­ tember 11,1941 be and the same is hereby duced in such hearings, subject to the further postponed until October 23, 1941 [F. R. Doc. 41-7685; Filed, October 13, 1941; 11:29 a. m.] sanje objections and exceptions preserved and that the hearing date postponed by in the record of the proceeding in which the same order of September 11, 1941 be such evidence was first introduced and and the same is hereby further postponed to such further objections and exceptions to November 12,1941 at 10:00 in the fore­ [File No. 70-401] as may be made by any party to the noon at the same time and before the I n t h e M atter o f S t . L o u is C o u n t y hearings on the said application; and same officer of the Commission specified W ater C o m p a n y It is further ordered, That if at any in the Commission’s order of July 3,1941. ORDER GRANTING APPLICATION time it may appear conducive to an By the Commission. orderly disposition of any matter in­ [ se al] F rancis P. B rassor, At a regular session of the Securities volved herein, the right be and it hereby Secretary. and Exchange Commission, held at its is reserved to order a separate hearing, office in the City of Washington, D. C., to close the record, or to take action on [F. R. Doc. 41-7684; Filed, October 13, 1941; on the 11th day of October, 1941 A. D. 11:28 a. m.] such matter prior to closing the record St. Louis County Water Company, a on any other matter involved herein: subsidiary of Commonwealth Utilities and Corporation, a registered holding com­ [File Nos. 7-554, 7-555, 7-556, 7-557] It is further ordered, That the afore­ pany and a subsidiary of The United Gas said request of respondents, in so far as In the M atter of Applications by the Improvement Company, a registered the same is inconsistent with the fore­ N e w Y ork Curb E xchange to Extend holding company and in turn a subsidi­ going determinations, be and the same U nlisted T rading P rivileges t o : C e n ­ ary of The United Corporation, also a is hereby denied. tral P ower and L ight C om pany F irst registered holding company, having filed By the Commission. M ortgage B onds, S eries A, 3 %% D ue an application pursuant to the Public A ugust 1, 1969; K entucky U tilities Holding Company Act of 1935, partic­ [ seal] F rancis P. B rassor, ularly section 6 (b) thereof, regarding Secretary. Com pany F irst M ortgage B onds, 4% S eries D ue January 1, 1970; 4y2% the issuance of a note or notes dated [F. R. Doc. 41-7683; Filed, October 13, 1941; October 18, 1941 and maturing July 18, il:28 à. m.] Sin k in g F und M ortgage B onds, D ue F ebruary 1, 1955; W est T exas U t il i­ 1942 in the aggregate amount of $450,000 ties Com pany F irst M ortgage B onds, with interest at 2% per annum, payable Series A, 3%% D ue M a y 1, 1969 to Mississippi Valley Trust Company, in [File No. 4-36] renewal of six notes aggregating $450,000, ORDER POSTPONING HEARING I n the M atter of E m pir e G as and F u e l payable to said bank, maturing October Co m p a n y and C it ie s S ervice C o m ­ A t a regular session of the Securities 18, 1941 and bearing interest at 2% per pa n y and Exchange Commission, held at its annum; and office in the City of Washington, D. C., ORDER POSTPONING DATE FOR FILING OF RE­ Said application having been filed on on the 11th day of October, A. D. 1941. SPONDENTS ANSWERS AND DATE OF September 12, 1941 and an amendment HEARING The New York Curb Exchange, pur­ thereto having been filed on September suant to section 12 (f) of the Securities 24,1941, and notice of said filing having At a regular session of the Securities Exchange Act of 1934 and Rule X-12F-1 been duly given in the form and manner and Exchange Commission, held at its promulgated thereunder, having made prescribed by Rule U-23 promulgated 5246 FEDERAL REGISTER, Tuesday, October 14, mi pursuant to said Act, and the Commis­ entitled to an exemption from the pro­ the aforesaid application, as amended, be sion not having received a request for a visions of section 6 (a) of said Act with and it hereby is granted forthwith. hearing with respect to said application respect to the proposed transaction, sub­ By the Commission. (Commissioner within the period specified by said notice, ject to the terms and conditions pre­ Healy dissenting for the reasons set forth or otherwise, and not having ordered a scribed by Rule U-24; in his memorandum of April 1,1940.) hearing thereon; and It is hereby ordered, Pursuant to said [ se al] F rancis P. B rassor, The Commission finding that the re­ Rule U-23 and the applicable provisions Secretary. quirements of section 6 (b) are satisfied of said Act, and subject to the terms and [P. R. Doc. 41-7686; Piled, October 13, 1941* and that the above-named applicant is conditions prescribed in Rule U-24, that 11:29 a. m.]