Federal Register: 8 Fed. Reg. 8777 (June 29, 1943). - Loc

EIISTEIINUMBER 127

Washington, Tuesday, June 29, 1913

The President

EXECUTIVE ORDER 9355

Ar Tamrarr OF Exscunv ORDER No. 9226OF AUGUST 19,1942, PRESCRIBG REGuLA-TIONS GOVER=G THE FURIUSHINd OFCr-oxHIG = Knm on PATzmENT OF CASHALLOWAmCES In LEU THERoF to EN-LISTED MTEN oF NAVY, ME COASTGUARD, =E NAVAL Rrm vE, AND THE

CoST GUARD RESERVE

By virtue of and pursuant to the au-thority vested in me by section 10 of the

- Pay Readjustment Act of June 16, 1942(56 Stat.259, 363), paragraph 5 of Execu-tive Order No. 9226 of August 19, 1942,1-prescribing regulations governing thefurnishing of clothing in kind or pay-ment of cash allowances in lieu thereofto enlisted mev. of the Navy, the CoasfGuard, the Naval Reserve, and the CoastGuard Reserve, is hereby amended toread as follows:

"5. (-a) Members of the Naval Reserveundergoing fight training leading to acommission shall be entitled to an issueof clothing in kind not to exceed $180 invalue. In the event that such membersof the Naval Reserve who first enlisted orreported for active duty with pay in thisstatus fail to complete successfully therequired training leading to a commis-sion, they shall upon reclassification toanother enlisted status in the NavalReserve, or upon reenlistment prior tothe expiration of three months from thedate of discharge in the Navy, the CoastGuard, the. Naval Reserve, or the CoastGuard Reserve, be entitled to the ap-plicable cash allowances authorized 'byparagraphi hereof, notwithstanding anyother provision of this order.

(b) Members of the Naval Reserveundergoing training, other than flight

Z7 P.. 6627.

training, leading to a commission shallbe entitled to an issue of clothing inkind not to exceed $15 in value, and, inaddition, may be temporarily issued Gov-ernment-owned clothing not to exceed$120 In value. Temporary members ofthe Coast Guard Reserve on part timeor intermittent active duty may be is-sued clothing in kind in an amount notto exceed the allowances prescribed inparagraph 1. The allowances in kindprescribed by this subparagraph are inlieu of any cash clothing allowances."

This order shall take efect as ofAugust 5, 1942.

F=IE=r;u D RoOsEVETTHE WHrE HouSE,

June 24,1943.P. R. Doc. 43-10213; Filcd, June 2, 1043;

4:46 p. m.]

EXECUTIVE ORDER 933G

REGULATIONS GOVENI"G THE F=nISEIMGOF CLOTHING IN KnD OI PAVIET OFCASH ALLOWM7mES i L=u Tnrr o ToENISTE PEmsoNNE, oF THE NAVY, THCoAS GdUARD, Tmm NAVAL RRzvE, AimTHE 'COAST GuarD Rrssnvr

By virtue of and pursuant to the au-thority vested in me by cection 10 ofthe Pay Readjustment Act of June 16,1942 (56 Stat. 359, 363), I hereby pre-scribe the following regulations govern-ing the furnishing of clothing in ind,or payment of cash allowances In lieuthereof, to enlisted personnel of theNavy, the Coast Guard, the Naval Re-serve, and the Coast Guard Reserve.

Section A Clothing in Kind or CashAllowances in Lieu Thereof.

Enlisted men on active duty shall beentitled to clothing in kind or paymentof cash allowance in lieu thereof asfollows:

(Continued on p. 8779)

CONTENTS

THE PRESIDENT

ExEcuT OnDz's: rageFurnishing of clothing in kind

or payment in cash in lieuthereof to enlisted person-nel:

Amendment of prior order--- 8T7Renlatio o s_ 87777REGULATIONS AND NOTICES

Brrunous COaL mDi o:Hearings, etc.:

District Board 19-- _ 8879Farmers Elevator Service Co. 8979Kirlkwood, R. F___ _ 8-79Southern Coal Co. Inc---. 8879

C ivi Amo.Auxc e AD =ns a TT ioN:Hfellog Field, Battle Creek,

riich.; designation as con-trol airport- 8793

CrvIL Asorurcs BEo-r:InvLstigation of aircraft acci-

dent near Adel. Ga., hear-ing.s .. 8834

Fsannar POWER Coxsnssxon-.:Hearings, etc.:

Northern Natural Gas Co. (2-documents)- - 8884

United Gas Pipe Line Co. (3document. . 384, 8885

FEDERAL PUBC HousnmG AUEnon-

Affidavits of chattel mortgage,etc., dele.ation of author-itY 8793

Mitchell Clothing Co. andM ayer's Clothing Co., sus-penzlon of licens .___ 8833

FIsM ANm W LIFE ,MvzcE:Alaska commercial fisheries,

salmon traP_ . ... 8376Fcnnon-TnArs Zonrs. Bosn:

Foreign trade-zone operationstransfer, approval of appli-caton-....... 835

Cha =-hotltzka National Wild-life Refuge, F13, enlarge-menL_ .......... 8880

(Continued on p. 8778)877

FEDERAL REGISTER, Tuesday, June 29, 1943

FEUIER# 0'REGISTERl

Published daily, except Sundays, Mondays,and days following legal holidays, by theDivision of the Federal Register, The NationalArchives, pursuant to the authority containedin the Federal Register Act, approved July 26,'1935 (49 Stat. 500, as amended; 44 U.S.C.,ch. 8B), under regulations prescribed by theAdministrative Committee, approved by thePresident. Distribution is made only by theSuperintendent of Documents, GovernmentPrinting Office, Washington, D, C.

The regulatory material appearing herein iskeyed to the Code of Federal Regulations,which is published, under 50 titles, pursuantto section 11 of the Federal Register Act, asamended June 19, 1937.

The FemaAn REGISEm will be furnished bymail to subscribers, free' of postage, for $1.50per month or $15.00 per year, payable in ad-vance. The charge for individual' copies(minimum 150) varies in proportion to thesize of the issue. Remit check or moneyordbr, made payable to the Superintendentof Documents, directly to the GovernmentPrinting Office, Washington, D. C.

There are no restrictions on the republica-tion of material appearing in the FBmiAL

CON ENTS-Continued

GENERAL LAND OrFIc-Continued. Page

Idaho, modification of grazingdistricts ------------------ 8880

INTERIOR DEPARTMENT (see alsocomponent agencies):

Lake Guernsey RecreationalDemoistration P r o j e c tlands, Wyo., transfer of ad-ministration from NationalPark Service to Reclama-tion Bureau -------------- 8875

INTERNAL REVENUE BUREAU:Distilled spirits stamps, removal

prohibited --------------- 8800Income tax, oil and gas wells--- 8799Wine stamps:

Production, fortification, taxpayment, etc., of wine--. 8800

Rectification of spirits andwines ------------------ 8800

INTERSTATE COMMERCE COMNUSSION:Icing of vegetables and other

perishables:Union Pacific Railroad Co___ 8886Union Pacific Railroad Co.

and Missouri Pacific Rail-road Co-------------- 8885

Reicing of potatoes in transit:Any common carrier by rail-

road -------------------- 8886LoUisville and Nashville Rail-

road Co-------------- 8886Missouri Pacific Railroad Co. 8885

Routing of traffic, flood condi-.tions --------------------- 8875

CONTENTS-Continued

OFFICE OF DEFENSE TRANSPORTATION:Motor equipment conservation,

retail deliveries: PageCut flowers (Gen. Permit

ODT 17-25) ----------- 8876.Property sold by personal

solicitation or from mo-tor trucks (Gen. PermitODT 17-26) ----------- 8876

Powell Bros. Truck Lines, Inc.,and Frisco TransportationCo., coordinated operationsin Missouri ------------- 8886

OFFICE OF PRICE ADMINISTRATION:Adjustments, exceptions, etc.:

Camfield Mfg. Co --------- 8849Certified Metals _Mfg. Co.,

Inc ------- ---------- 8838.Cook Paint and Varnish Co.

(2 documents) --------- 8850Eggers, F., Plywood and Ve-

neer Co ------------- 8838Fearn Laboratories Inc., et al- 8849Frosted Foods Sales Corp- 8838Glaser, Crandell Co --------- 8838Johnston, Robert A., Co --- 8849Lancaster Shoe Co --------- 8849Metals Reserve Company .... 8850Newton, George B., Coal Co- 8887Planters Mfg. Co --------- 8850Subler Transfer ----------- 8850Todd, A. M., Co., Inc ------- 8838Whelan, Joseph F., Co., Inc_ 8851

Alcohol, butyl (MPR 37, Am. 5) - 8874Automotive maintenance serv-

ices (MPR 165, Am. 24)--- 8873Canal Zone; tires, tubes, re-

capping, *and camelback(RO ID) --------------- 8832

Color pigments (Rev. MPR 180,Am. 1) ---------------- 8842

Containers, wide mouth glass(MPR 382, Am. 1) -------- 8839

Fence posts (Rev. MPR 324)___- 8869Feriomanganese and manga-

.nese alloys and-metal (Rev.MPR 138) -------------- 8864

Food and drink sold for im-mediate consumption bydining cars (RestaurantMPR 1) --------------- 8845

Hosiery, women's silk (MPR 274,Am. 2) ---------------- 8860

Ice (MPR 154, Am. 4) -------- 8844Lumber, Southern hardwood

(Rev. MPR 97, Am. 5) ------ 8860Machines and parts, and ma-

chinery services (MPR 136,Am. 93) --------------- 8839

Magnesium scrap and remelt in-got (MPR 302. Am. 1) --- 8842

Maple syrup and maple sugar(1PR 312, Am. 2) -------- 8844

Meat, fats, fish and cheeses; ra-tioning:

Canned milk and soft cheeses(RO 16, Am. 40) ------- 8844

Meat (R 16, Am. 39) ------- 8869

CONTENTS-Continued

OFFc oF PRICE ADVMSTRATION-Continued.

Meat, fats, fish and cheeses; ra-tioning-Continued. Pago

Ration periods (RO 16, Supp.1, Am. 9) --------------- 8860

Petroleum and petroleum prod-ucts (RPS 88, Am. 111) .... 8874

Regional office orders:Firewood, Vermont -------- 8800Fluid milk, Vermont (2 docu-

ments) ---------- 8887, 8890Solid fuels, Marion County,

Indiana --------------- 8891Vegetables:

Atlanta regional area (2documents) ---- 8891, 8893

New Mexico (2 documents) - 8803,8894

Head lettuce (2 docu-ments) ------- 8894, 8895

Spinach (2 documents).. 8894Rubber and rubber products:

Camelback (MPR 131, Am. 3).. 0854Commodities purchased for

Governmental use (MPR403, Corr.) -------------- 8837

Crude rubber commodities(SR 14, Am. 190) ------- 8850

'Footwear, Victory line water-proof (MPR 229, Am. 6). 8843

Heels, and attaching of heels(MPR 200, Am. 8) ------ 8843

Reclaimed rubber (RPS 50,Am. 3) ---------------- 8843

Scrap rubber (RPS 87, Am. 6) 8844Steel storage tanks, reusable

(field assembled) (MPR411) --------------------- 8851

.ires and tubes:New rubber:

Retail prices (RPS 63, Am,12) ----------------- 8860

Wholesale prices (MPR 143,Am. 6) -------------- 8854

Rationing, sales of emergencytires by Defense SuppliesCorporation (RO 1A, Ad-min. Exception Order47) ------------------- 8887

Retreaded and recapped:(RPS 66, Am, 2)' -------- 8860(RPS 66, Am. 4) --------- 8843

Tire mileage (MPR 414) --- 8854Used:

(MPR 107, Am. 10) ------- 8854(MPR 107, Am. 11) ------- 8843

Virgin Islands (MPR 395, Am.1) ------------------- 8873

PUBLIC HEALTH SERVICE:Shaving or lather brushes ship-

ment, Interstate quarantineregulations ------------- 8875

SECURITIES AND EXCHANGE COrmus-SION:

Hearings, etc.:Affiliated Fund, Inc -------- 8900Commonwealth & Southern

Corp (Del.) ----------- 8999(Continued on next page)

8778


CONTENTS-Continued

SEURIrnrS ANM EXCHATGE CoLUMs-SIQO--Continued.

Hearings, etc.-Continued.East Missouri Power Co.....General Gas & Electric Corp.,

and Associated Gas andElectric Corp -----...

Peoples Light and Power Co.,et a_South Carolina Electric &

Gas Co. . .SMEcTnIVn SEavIc SYsTEBI:

Local board action report, revi-sion of form ......

SOLID Fms AD mrr7STRAflON FoR

Crescent Mining Co., termina-tion of Government posses-sion and control-

STATE DEPARTMNT:Trade-agreement negotiations

with Paraguay-........Hearing before Committee for

Reciprocity Information.-Tanasuy DPARm=ET (see also

component agencies):1Y2 percent Treasury Notes,

Series A-1947-WAGE mD Hour D xvsroN:

Chemical, petroleum and coalproducts industries, mini-mum wage recommenda-tion-

Learner employment certifi-cates, issuance to variousindustries ......

Reversal of cancellation ...WAR DnERM IT:

Calcasieu River highway bridge,Lake Charles La.; regula-tions_...

Prescribed service uniform,overoats'-_

WAR FooD AnumisTRAro:Fish and shellfish, conservation

and distribution (DO 44,Am. 1) _

Livestock and meats (EDO 27,- Am. 4)___Custom slaughter permits

(EDO 27-3). ....Milk handling:

Fort Wayne, Ind., market-ing area ......

La Porte County, Ind., mar-keting area........

St. Joseph County, Ind., mar-keting area

Raisin variety grapes, Zantecurrant grapes, raisins, andZante currants (EDO 17,Am. 2)----

Sugarcane production, 1943wage rates:

Hawaii__.Puerto Rico- ..

WAR PRODUCTION BOARD:Aircraft (L-262) .........Aluminum scrap (M-l-.d)Apparel, for feminine wear:

Children's apparel for outerwear (L-85, Sch. V)--_

CONTENT--Continued

WAR PaoDucrxo; BOAD--Con. PageApparel, for feminine wear-

Continued. .Page

Coats, suits, play suits, etc.(L-85, Sch. 331)----- 8809

Dresses ML-85, Sch ....1)__ 8807Chain (I-302).. 8814Containers, packages for anti-

freeze (L-307)_ _ __ 8801Controlled materials plan:

Steel shoe wire (CAW Reg. 5,Direction 2)----- 8814

Welding rod (CMP Reg. 5,Direction 7)-- - 8814

Imports of strategic materials:(U-63) .. . .. . 818(M-63-a) 8827

Inventory restriction exceptions(M-161).. .-.------ 8826

Iron and steel, general steelwarehouses and dealers (M-21-b-) 8801

Laboratories (P-43) .... 8817Laboratory equipment (L-144)- 8813Oil burners (L-74)_._____ 8825Plumbing and heating equip-

ment., metal (L-79) 8824Power, steam and water auxili-

ary equipment:High voltage insulators CL-

154, Sch. V)------- 8829Power swltchgear (L-154,

Sch. IV) 8827Railroad equipment, critical

components (L-97-d).__ 8812Refrigeration condensers or

coolers, coil or tube assem-blies (L-126. Sch. I).__ 8806

Rent proposed by owners of pri-vate war housing, delega-tion of authority to approve(DIrective 25) 8801

Repairs, maintenance, andoperating supplies (P-IOa.revocation) 8804

Suspension order:Standard Steel Products Co. 8802

WAt SHIPPI nG AxnrtZrxMAXoIT:Vessel Gloucezter, determina-

tion of ownership ...... 8900War risk cargo, hull and crew

insurance (Correctiot).. 8875

Quarter-

8782 ne al W r

OsOane W (',ce. C)

87L90- s E ofiheNyandCoat 0 uard uro fast cvft.mot or' uron rcenlemcntreubsequent to expltrotto ofthro months from date of

8795 U-1 =r; and ftcdSof the 'an a Cd oefl

Guard Reserves (indudl=Elet Rcerre), tad retiredealoted -n upan irzt re-

8780 prUngforanctvedutYoraurrecal to active duty cu8781 quent to cxpiration of threemonths from data of 1t rc-

mstherfrm:8826 (a) Chief petty oflIcr oco~s,8802 steerd. cemter ofavf

Naval Acadcmy or CozoGuardAeademy i eds (ba dmemabes).................. a W O &Ss

(b) Enlitd me In otter rat-8809 110 WS

2. En e43a-mcn (exccpt teed

In ratin;to ehl!I ctty caler,oc:,!. cTceerd:

(a) Fatzunt to CO deyV ftomdate GICnl-tMeet err ertin.-frctive du ..... MD.CO SI&75

(b)Wilnjd3 fom dzeo ofe3u1XCOmt c? rcrt.- f= ac-

. EnLtcrl --ee =13=d to datya3 tEnd metcrs (czc 2tnt h7-a C zo~r_ &I-IfrC tty cm-ccr raffnZ urou fxot o= rx-meet):

(3) sat.-cquent to MO deye fromdztootel uLlmeet orrcvrttnz

Mb W(Ua by fr de - ofceltmct or rc-ertia. f=i ac-

4. Tcmhe, of z _ :j Ir Fo=.:(a)t~ .jdt*7carbIu:!cIth- 3m23 r bme-

la:T. tbes Atloud AZ(h) equited to wear bt 3-4=pmto Sele-oc:hl. -tiouaAlandAZ

3. ~1cihcreftnnem.rnttin

frZj I=11=s to a Ld

(3) Avr~ttr cadcts- a k~zu ofta not to eced

M The umo=mfn. othertcalcia3Ana eu of e: !hlr; La kind

aon to xceed in su23.0o con aerditm a tcbpcreey baiefGaornmteo eeredCo re a to to exceed In

7. !rcemory memtrs or theccrt GA o trv on fartMr, reatacmitet rCivea frM a

dutY but shal no actall Le 'd i~ or

ftexri of n fromnto kind not ex-ctdLa the a-mount of the ap-plIcabll allor-

wlue o thelo~in nactua l dra n

S toned =cn hal a spuoZ u tdhat-rge at ary ther u. astrmcJr==7 fEr3 or Govrrnmt-

ocreJ eIn3 prccutcd frazmSIMa1tEZZU-e3 of tte Chie ofNaval 1'omonrz), nfl to exced

Section B. Clothing AllowanceL The amount or the cash clothing

allowance prescribed in subsection Al(b) hereof shall be credited o'i date offirst enlistment or first reporting foractive duty, and on date of reenlistmentor recall to active duty subsequent to ex-piration of three mouths from date oflast discharge or release from. activeduty, but shall not actually be paid priorto the expiration of ninety days fromtend including such date, or date of ad-vancemnent to chief patty offcer or as-signment to band.lf earlier. In closingthe accounts of a -a- discharged or re-leased from active duty within. theninetyday period, checkage shall bemade of an amount equal to the differ-ence between the amount of the cashclothing allowance credited and thevalue of the clothing actually drawn.

2. For the purposes of this order, an.enlistment in any of the services men-toned in 4ection, A subsequent to dis-charge from any other of such services

8779


shall be considered a reenlistment. Analldwance under subsection Al shall notbe payable upon reenlistment withinthree months from date of last discharge,or upon recall to active duty withinthree months of last release therefrom,except as specified in subsections 5 and6 of this section. A man reenlisted orrecalled to active duty within threemonths of last discharge or release fromactive duty, who on date of such dis-charge or release was checked undrawnclothing allowance in accordance withsubsection 1 of this section, shall be en-titled to credit for such undrawn cloth-ing allowance.

3. The allowance under subsection A2shall hot be payable to-

(a) Enlisted men advanced in ratingto chief petty officer while holding atemporary appointment to warrant orcommissioned rank.

(b) Cooks or stewards on advance-ment to chief cook or steward.

(c) Members of Navy, Naval Academy,or Coast Guard Academy Bands (bandmembers) upon advancement in ratingto chief petty officer.

4. An enlisted man reduced in ratingfrom chief petty officer, cook, or steward,shall not be required to refund paymentpreviously made in accordance with sub-section A2; and shall not be entitled toa second payment on subsequent ad-vancement, or to a payment of quarterlymaintenance allowance prior to the datespecified In subsection C1 (a) hereof.

5. An enlisted man first reporting foractive duty in a status entitling him onlyto an issue of clothing in kind in accord-ance with subsection A6 hereof, uponsubsequent transfer to, or reenlistmentwithin three months of last discharge in,another status which, in the case of firstenlistment or reporting for active duty,would entitle him to a cash clothingallowance as prescribed in subsection Alhereof, shall be entitled to a credit ofsuch cash clothing allowance withoutregard to issues in kind in the priorstatus.

6. An enlisted man first reporting foractive duty in the Coast Guard ReserveIn a status entitling him only to anIssue of clothing in kind in accordancewith subsection A7 hereof, upon subse-quent transfer to, or reenlistment withinthree months of last discharge in, an-other status which, in the case of firstenlistment or' reportipg for active duty,would entitle him to a cash clothing al-lowance as prescribed in Subsection Alhereof, shall be entitled to a credit ofsuch cash clothing allowance subject toa deduction for the value of clothing

issued in: kind in the prior status. Thecash clothing allowance thus payable willbe determined by the rating held uponreporting for active duty in the laterstatus and the amounts in effect on thatdate. If the value 6f clothing issues inthe prior status exceeds the applicablecash clothing allowance, no further al-lowance is payable, nor will checkagebe made for such excess issues previouslymade. Men entitled under the regula-tions prescribed in this paragraph to adash clothing allowance subject to de-ductions for the Value of clothing issuedin kind in a prior status, shall subse-quently become entitled to the quarterlymaintenance, allowance for clothing pre-scribed herein on the first day of thequarter following the first anniversaryof the date of reporting for active dutyin the prior status, provided they do notpreviously become entitled to a cashallowance under subsections 2 or 3 ofsection A hereof.

Section C. Quarterly Maintenance Al-lowance.

1. The quarterly maintenance allow-ance prescribed -in section A hereof shallbe payable on the first day of eachquarter to:

(a) Enlisted men entitled to a cloth-ing allowance under subsections 1, 2, 3, 4,or 5 of section A, or subsection B5 hereof,or under Executive Order No, 9226 ofAugust 19, 1942, as amended by Execu-tive Order No. 9283 of December 18, 1942,commencing'with the first day of thequarter following the first anniversaryof the date on which they were last en-titled to such clothing allowance.

(b) Enlisted men on active duty onJune 30, 1943, who were not granted aclothihg outfit or cash clothing allowanceduring the fiscal year 1943, commencingJuly 1, 1943.(c) Enlisted men of, the Navy and

Coast Guard reenlisting within threemonths from date of last discharge, en-listed men of the Reserve- componentstransferred to the regular Service, andenlisted men of the Regular and Reservecomponents on active duty transferred tothe Reserve or to the Retired List andTetaindd on active duty or recalled toactive duty within three months of re-lease therefrom, at the rate applicableprior to such discharge, transfer, re-tirement, or release, until entitled to afurther clothing allowance.

2. Enlisted men undergoing trainingleading to a commission, and enlistedmen holding temporary appointments towarrant or commissioned rank shall notbe entitled to quarterly maintenance al-lowances. Enlisted men entitled to a

clothing allowance on the first day of thequarter shall not be entitled to anyquarterly maintenance allowance other-wise due tl-,2m on that date.

3. The foregoing provisions of thisorder shall not be applicable to enlistedmembers of the Women's Reserve of theNaval Reserve and the Women's Reserveof the Coast Guard Reserve. Suchmembers shall, however, be entitled to aspecial quarterly maintenance allowance'for clothing in the amount of $12.50,payable on the first day of each quartercommencing with the first day of thequarter following the first anniversary ofthe date on which they first report foractive duty.

This order shall become effective July1, 1943.

FRANKLiN D ROOSEVELTTHE WHITE HOUSE,

June 24, 1943.[F. R. Doe. 43-10249; Filed, June 25, 1943;

4:46 p. m.]

Regulations

TITLE 7-AGRICULTURE

Chapter VIII-War Food AdministrationI PART 802-SUGAR DETERMINATIONS

WAGE RATES FOR 1943 HA W AIAN SUoARCANEPRODUCTION

Determination of fair and reasonablewage rates for persons employed in theproduction, cultivation, or harvesting ofsugarcane in Hawaii during the calendaryear 1943.

Pursuant to the provisions of subsec-tion (b) of section 301 of the Sugar Actof 1937, as amended, and ExecutiveOrder No. 9322, issued March 26, 1943,as amended by Executive Order 9334,Issued April 19, 1943, the following deter-mination is hereby issued:

§ 802.34f Fair and reasonable wagerates for persons employed in the pro-duction, cultivation, or harvesting o1sugarcane in Hawaii during the calendaryear 1943. The requirements of section301 (b) of the Sugar Act of 1937, asamended, shall be deemed to have been

-met with respect to the production, cul-tivation or, harvesting of' sugarcane inHawaii during the calendar year 1943,if all persons employed on the farm dur-ing that period in the production, cul-tivation or harvesting of sugarcane shallhave been paid in full for all such workand shall have been paid wages In cash

8780

FEDERAL REGISTER, Tuesday, June 29, 19-13

therefor at rates not less than the fol-lowing:. (a) Wage rates during the period Jan-uary 1, 1943, to June 30, 1943. For allwork performed during the period begin-ning January 1, 1943, and ending June30, 1943, the average daily wage for eachlaborer for each pay period (includingbonus payments) as provided in the de-termination for the calendar year 1942-(S. D. No. 131, issued April 24, 1942), orthe rate paid or the rate agreed uponbetween the producer and the laborer,whichever was highest.

(b) Wage rates-during the period July1, 1943, to 'December 31, 1943. For allwork performed during the period be-ginning July 1, 1943, and ending De-cember 31, 1943:

Average daily wage foreach laborer foreac lpay perio (notexceedfng 1 month)(per 8-hour day)

(1) Harvesting operations; time basis.Cutting, cutting and packing,packing, packing and-f iumlg,fluming, piling, hand loading andhauling sugarcane, laying portabletrack, laying portable flumes, andother harvesting operations notelsewhere provided for:

Adult male workers .......... - 81.84Adult female workers ........... 1.38

(2) Non-z-rvesting operatfon; timebasis. (I) Planting, cultivating,fertilizing, irrigating, brooming1 ,and other non-harvesting opera-tions not elsewhere provided for:

Adult male workers... ...... 1.61Adult female workers.. ........ 1.21

(ii) For work performed under longterm cultivation and irrigationagreements, an advance of not less

Adult male 1orker. . ........... 1. 2Adult female workers.. ------------ 1.29

Daily wageper 8-hour

day(3) Children 14 to 16 years; time basis.

For all work listed under (1) and (2) -with maximum time of employmentIn any one day not to exceed 8 hours(shorter days in proportion) 81.15

Centsper hour

(4) Operators of mechanical equip-ment. Tractor drivers, truck drivers,railroad brakemen _........ 24.0

Operators of mechanical loading andharvesting equipment (other thantractors) 32.0

Railroad engineers ....--------------- 36.0Railroad firemen and conductors___ 26.0

(5) On a piece rate basis. For all workperformed on a piece rate basis, the piece

1 So-called brooming done directly in con-nection with the operation of mechanicalharvesting equipment shall be considered ascovered under subparagraph (1). Otherbrooming is considered as non-harvestingfor the purpose of this determination.

rates alnl ba the rate agreed upon bet .enthe producer aid the laborer but In no In-stance shall the average daily wago for eachlaborer for each pay prilcd be1 la.s than thetime rate prescrlbed under this par=r.ph(b) for the applicable operatons. Plecarates for the Eame operations nhall be the.-ame whether the work In performed by adultmales, adult females, or children betwe cen 14and 16 years of age.

(d) Wage incrcases. For each month dur-ing the period July 1, 194, to Dece-mb-r 31,1943, both Inclusive, the stralght time can-Ing of employees who are covercd In thndetermination shall be increased by one andone-half percent for each one dollar Incre=oin the price of sugar above S5.80 per ton.For purposes of determining the amount ofincrease, the average New York daily (in-cluding Sundays and Holidays) mnarlt priceper ton of 960 auger, Hawalan basi, for thoperiod beginning with the 16th day of thepreceeding calendar month and ending withthe 15th day of the current calendar month,shall be used. These incre3 shall be op-plied to the earnings after the wage rates asoutlined under Loubpar'graphs (1) to (5),inclusive, have been complied with.

() Annual average payments for thecalendar year 1943. Subject to the pro-visions of paragraphs (a) and (b), theannual average payment on each farmfor all adult workers, excluding oper-ators of mechanical equipment andworkers who are paid a monthly salaryof $100 or more Shall be:

Per 8-hour day(1) For work performed in harvest-

Ing o2rations -2. 15(2) For work performed In non-har-

vesting opeations ............ 1.61In calculating the annual averages theearnings of adult females shall be givena weight of four-thirds.

d) General provisions. (1) Thewage increase provisions of this de-termination may, upon appeal to theWar Food Administrator, be modifiedas to any producer who is able to estab-lish that the payment of such increazes,or any part thereof, will, under prezentwartime conditions, work an unduehardship on such producer, or seriouslyImpede the production of sugarcane onthe farm.

(2) If the producer and laborer agreeupon a wage for any operation, or com-bination of operations, higher than thatprescribed in this determination, pay-ment in full of the amount agreed uponmust be made to qualify the producerfor payment.

(3) In addition to the foregoingwages of this determination, the pro-ducer shall furnish the laborer, with-out charge, the perquisites customarilyfurnished by him, such as a house, gar-den plot, and sirlar incidentals, unlesthe furnishing of such Is restricted bymilitary authority.

(4) The producer chall not, throughany subterfuze or device whatsoever,reduce the wage rates to laborers belowthose determined above.(Sec. 301, 50 Stat. 909; 7 U.S.C. 1940 ed.1131; .O. 9322, 8 P.R. 3807; .O. 9334,8 P.R. 5423)

Is.ued this 25th day of June 1943.JESSE W. TAP,

Acting War Food Administrator.

[F. P. Doe. 43-10270; Filed. June 26, 1943;11:51 a. m.]

PA T 802--SuGR Dzrzimr o;s

WAGE RATS r,o 1943 PUERTO MCrs SUGAR-C,1- PRO= art I

Determination of fair and reasonablewage rates for persons employed in theproduction, cultivation, or harvesting ofsugarcane in Puerto Rico during the cal-endar year 1943.

Pursuant to the provisions'of subsec-tion (b) of section 301 of the Sugar Actof 1937, as amended, and Executive OrderNo. 9322, Issued March 26, 1943, asamended by Eecutive Order No. 9334,

-ued April 19, 1943, the following de-termination n hereby Issued:

9 802.44e Fair and reasonable wagerates for persons employed in the pro-duction, cultivation, or harvesting ofsugarcane in Puerto Rico diring the cal-endar year 1943. The xequirements ofcection 301 (b) of the Sugar Act of 193,as amended, shall be deemed to havebeen met with respect to the production,cultivation, or har7esting of sugarcanein Puerto Rlco during the calendar year1943, If all persons employed on the farm.during that period in the production,cultivation, or harvesting of sugarcaneshall have been paid in full for all suchwork and shall have been paid wages incash therefor at rates not less than thefollowing:

(a) Harvesting operations. For allwork performed in the harvesting ofsugarcane during the calendar year 1943,a producer Shall be deemed to have com-plied with respect to the provisions ofsection 301 (b) If he has paid in full forall such work wages as-determined forthe calendar year 19 2 (S. D. No. 133,issued May 5, 1942), or the wage agreedupon, or the wage paid, whichever washighest.

(b) NIon-harvesting operations. (1)For all work performed in non-harvest-ing operations in the production ofsugarcane during the period January 1,1943 to June 30, 1943, a producer wibe deemed to have complied with theprovisions of section 301* (b) if h'e has

S781


paid in full for all such work wages asdetermined for the calendar year 1942(S. D. No. 133, issued May 5, 1942), orthe wage agreed upon, or the wage paid,whichever was highest.

(2) For all work performed in non-harvesting operations in the productionof sugarcane during the ,period July 1,1943 to December 31, 1943, the ratesshall be as follows:

Farms other than interior farms Interior farms I

Rate per day Rate per hour Rate per day Rate per hourClass of work for first 8 hours for first 8 hours forfirst8hours for first8 hours

in any 24-hour in any 24-hour in any 24-hour in any 24-hourperiod (except period (except period (except period (exceptas otherwise as otherwise as otherwise as otherwise

noted) noted) noted) noted)

acncral labor operations:Class A-For all kinds ofsugarcane non-harvest

work except as classified under specialized Cents Centslabor operations ----------------------------- $1.50 19.0 U $1r40 18.0

spelallzed labor operations:Class B-Cartmen in cultivation work --------- Lo 20.0 1.40 18.0Class C-Plow steermen and operators of Irri-

gation pumps ------------------------------ 1.70 21.0 L 55 19.0Class D-Ditch diggers; ditch loppers; ditch

cleaners working in water; and irrigators Innon-gravity systems when working in wateror In swampy lands-Per 7-hour day--.: ------- L70 24.0 1.55 22.0

Class B-Seed cane cutters -------------------- 1.70 21.0 1.60 20.0Class F-Tractor operators .................... 2.20 28.0 2.05 26.0

I Interior farms rhall be deemed to he those farms the sugarcane from which Is-marketed (or processed) at millslecated In thi bonotain sections of the Island and whose 1933 production did not exceed 3,000 short tons of sugar, rawvalue.

(3) Overtime. Persons employed formore-than eight hours (or more thanseven hours for workers in Class D3 inany 24-hour period shall be paid for' theovertime at a rate double the hourlyrates specified above.

(4) Piece rates. If work is performedon any piece rate basis the earningsper hour shall be not less than thosespecified under subparagraph (2).

(c) General provisions. (1) If theproducer and laborer agree upon a wagerate for any class of work higher thanthat prescribed herein, payment in fullof the agreed upon rate must be madeto qualify the producer for payment.

(2) The producer shall furnish to thelaborer, without charge, the perquisitescustomarily furnished by -him, such asa dwelling, garden plot, pasture lot, andmedical services.

(3) The producer shall not, throughany subterfuge or device whatsoever, re-duce the wage rates to laborers belowthose determined above.(See. 301, 50 Stat. 909: 7 U.S.C. 1940 ed.1131; E.O. 9322, 8 F.R. 3807; E.O. 9334,8 P.R. 5423)

Issued this 25th day of June 1943JESSE W. TAPp,

Acting War Food Administrator.

IF. R. Doc. 43-10271; Filed, June 26, 194;11:51 a. m.]

Chapter IX-War Food Administration

PART 920-MiLK IN THE LA PORTE COiNTY,INDIANA, MARKETING AREA

see.920.0920.1920.2920.3920.4920.5920.6920.7

HANDLING OF M3 K

Findings and determinations.Definitions.Market administrator.Classification of milk.Minimum prices.Reports.Handlers who are also producers.Determination of uniform prices to

producers.

See.920.8920.9920.10920.11

920.12920.13

Payments for milk.Marketing services.Expense of administration.Effective time, suspension, or termi-• nation.Agents.

-Emergency price provision.

§ 920.0 Findings and determinations-(a) indings upon the basis of the hear-ing record. Pursuant to Public Act No.10, 73d Congress (May 12,. 1933), asamended and as reenacted and amendedby the Agricultural Marketing Agree-ment Act of 1937, as amended (herein-after referred to as the "act"), and therules of practice and procedure coveringthe formulation of marketing agree-ments and milk orders (7 CFR, 1941Supp. .900.1-900.17;, 7 F.R. 3350; 8 P.R.2815) a public hearing was held upon cer-tain proposed amendments to the tenta-

'tively approved marketing agreement, asamended, and to the order; as amended,regulating the handling of milk in theLa Porte County, Indiana, marketingarea. Upon the basis of the evidenceintroduced in such hearing and therecord thereof, it is hereby found that:

11) The order regulating the handlingof milk in the said marketing area, asamended and as hereby amended, andall of the terms and conditions of saidorder, as amended and as hereby amend-ed, will tend to effectuate the declaredpolicy of the act;

(2) The-pries calculated to give milkproduced for sale in the said marketing

* area a purchasing, power equivalent -tothe purchasing power of such milk as

..determined pursuant to sections .2 and8 (e) ,of the act are not reasonable Inview of the price of feeds, available sup-plies of feeds, and other economic condi-tions which affect market supplies of anddemand for such milk, and the minimunyprices specified in the said order, asamended and as hereby f u r t h e ramended, are such prices as will reflectthe aforesaid factors, insure a sufficient

quantity of pure and wholesome milk,and be in the public interest;

(3) The said order, as amended andas hereby further amended, regulatesthe handling of milk In the same man-ner as and is applicable only to personsin the respective classes of industrial andcommercial activity specified in the ten-tatively approved marketing agreemenit,upon which a hearing has been held;and

(4) The handling of all milk sold ordisposed of in the marketing area, asdefined herein, is in the qurrent of inter-state commerce, or directly burdens, ob-structs, or affects Interstate commercein milk and Its products. o

(b) Additional findings. (.) It Ishereby found and proclaimed that, inconnection with the execution of a mar-keting agreement and the Issuance of anamended order regulating the handlingof milk in the La Porte County, Indiana,marketing area, the purchasing powerof such milk during the pre-war periodAugust 1909-July 1914 cannot be satis-factorily determined from available sta-tistics of the Department of Agriculture,but that the purchasing power of suchmilk for the post-war period August1919-July 1929 can be satisfactorily de-termined from available statistics of theDepartment of Agriculture; and thepost-war period August 1919-July 1929 isthe base period to be used in connectionwith such marketing agreement and thisorder in determining the purchasingpower of such milk.

(2) It is hereby found that the neces-sary expenses of the market admin-istrator for the maintenance and func-tioning of such agency will amount toapproximately $5,000 per year, and theprorata share of such expenses to bepaid by each handier is hereby approvedin the maximum amount of 4 cents perhundredweight on all milk received fromproducers, received from sources otherthan producers or handlers, Includingemergency milk, and produced by suchhandl6r during each delivery period,

(c) Determinations. It is hereby de-termined that handlers (excluding co-operative associations of producers whoare not engaged in processing, distribut-ing, or shipping milk covered by thisorder) of at least 50 percent of the vol-ume of milk covered by this order whichis marketed within the La Porte County,Indiana, marketing area refused or failedto sign the tentatively approved market-Ing agreement regulating the handlingof milk in the La Porte County, Indiana,marketing area; and It is hereby furtherdetermined that:

(1) The refusal or failure of suchhandlers to sign such tentatively ap-proved marketing agreement tends toprevent the effectuation of the declaredpolicy of the act;

(2) The issuance of this order, asamended, is the" only practical meanspursuant to the declared policy of theact to advance the interests of the pro-ducers of milk which Is produced forsale In the La Porte County, Indiana,marketing area; and

(3) The Issuance of this order, asamended, is approved or favored by atleast two-thirds of the producers who

'8782


participated in a referendum on thequestion of approval .of the order andwho, during the month of April 1943(which month is hereby determined tobe a representative period), were en-gaged in the production of milk for salein the said marketing area.

(4) The provision of this order for thepayment to all producers and associa-tions of producers delivering milk to thesame handler of uniform prices for allmilk delivered by them is approved orfavored by at least three-fourths of theproducers who participated in a refer-endum on the question of the approvalof this provision, and who, -during therepresentative period, were engaged inthe production of milk for sale in thesaid marketing area.

Order Relative To Handling

It is hereby ordered, That such han-dling of milk in the La Porte County,Indiana, marketing area as is in the cur-rent of interstate commerce or as directlyburdens, obstructs or affects interstatecommerce shall, from the effective datehereof, be in compliance with the termsand conditions of this order, as amended.'§ 920.1 Definitions. The following

terms shall have the following meanings:(a) "Act" means Public Act No. 10, 713d

Congress, asamended and as reenactedand amended by the Agricultural Mar-keting Agreement Act of 1937, asamended.

(b) "War Food Administrator" meansthe War Food Administrator of theUnited States- or any officer or employeeof the United States who is, or who mayhereafter be, authorized to exercise thepowers and to perform the duties, pur-suant to the act, of the War Food Admin-istrator of the United States.

(c) "La Porte County, Indiana, mar-keting area," hereinafter referred to asthe "marketing area," means all of theterritory within the boundaries of LaPorte County, Indiana.

(d) "Person" means any individual,partnership, corporation, association orany other business unit.(e) "Producer" means any person, ir-

respective of whether such person is alsoa handler, whoproduces milk, under apermit issued by any health authorityhaving jurisdiction in the marketingarea, which is received at a plant fromwhich milk is disposed of in the market-ing area.

(f) "Handler" means any person, ir-respective of whether such person isalso a producer or an association of pro-ducers, who receives milk from pro-ducers, associations of producers, orother handlers, all or a portion of whichmilk is disposed of as milk, in the mar-keting area, and who, on his own behalfor on behalf of others, engages in suchhandling of milk as is in the current ofinterstate commerce, or which directlyburdens, obstructs, or affects interstatecommerce in milk and its products."Such handling of milk" as used in thisdefinition shall include the milk of anyproducer whose milk has been receivedpreviously at a plant described in (e) ofthis section, which milk has been causedto be delivered by a cooperative associa-

tion to a plant from which no milk isdisposed of in the marketing area, If pay-ment therefor has been collected by suchcooperative association; and such milkshall be deemed to have been receivedfrom producers by such cooperative as-sociation. "Handler" shall not includeany person from whom milk, describedunder (I) of this section and under§ 920.3 d) (7) (iv), is received.

(g) "Market administrator" meansthe person designated pursuant to§ 920.2 as the agency for the administra-tion hereof.

(h) "Delivery period" means the cur-rent marketing period from the first to,and including, the last day of eachmonth.

(I) "Emergency milk" means milk,skim milk, or cream received by a han-dler from sources other than producersor handlers under a permit to receivesuch milk, skim milk, or cream Issued tohim by the proper health authorities.

§ 920.2 farkhet administrator-a)Designation. The agency for the admin-istration hereof shall be a market ad-

,ministrator who shall be a person se-lected by the War Food Administrator.Such person shall be entitled to suchcompensation as may be determined by,and shall be subject to removal at thediscretion of, the War Food Admin-istrator.

(b) Powers. The market admint-trator shall:

(1) Administer the terms and provi-sions hereuf; and

(2) Receive, investigate, and report tothe War Food Administrator complaintsof violations of the terms and provisionshereof.

(c) Duties. The market adminis-trator shall:

(1) Keep such books and records aswill clearly reflect the transactions pro-vided for herein and shall surrenderthe same to his successor or to suchother person as the War Food Admin-istrator may designate;

(2) Submit his books and records toexamination and furnish such informa-tion and verified reports as may be re-quested by the War Food Administrator;

(3) Within 45 days following the dateupon which he enters upon his duties,execute and deliver to the War FoodAdministrator a bond, conditioned uponthe faithful performance of his dutie3,in an amount and with surety thereonsatisfactory to the War Food Admin-istrator;

(4) Publialy disclose to handlers andto producers, unless otherwise directedby the War Food Administrator, thename of any person who, within 15 daysafter the date upon which he is requiredto perform such acts, has not (I) madereports pursuant to § 920.5 or (ii) madepayments pursuant to § 920.8:

(5) Employ and fix the compensationof such persons as may be necessary toenable him to administer the terms andprovisions hereof;

(6) Obtain a bond with reasonablesurety thereon covering each employeewho handles funds entrusted to themarket administrator.

(7) Promptly verify the informationcontained in the reports submitted byhandlers; and

(8) Pay, out of the funds provided by§ 920.10; the cost of his bond, his owncompensation, and all other expensesnecessarily incurred in the maintenanceand functioning of his office and in theperformance of his duties, except thoseexpenses incurred and provided forunder § 920.9 hereof.

§ 920.3 Classification of milk-(a)Milk to be classifled. 'Milk received byeach handler, including milk producedby him, shall be classified by the marketadministrator in the classes set forth in(b) of this section.

(b) Classes of utflization. The classesof utilization shall be as follows:

(1) Class I milk shall be all milk, re-gardlezs of butterfat content, disposedof in the form of milk and milk drinks,whether plain dr flavored, and all milknot specifically accounted for as Class IImilk, Class III milk, and Class IV milk.

(2) Class I milk shall be all milkused to produce cream (for consump-tion as cream), creamed buttermilk, andcreamed cottage cheese.

(3) Clas3 M milk shall ba all milkspecifically accounted for as used to pro-duce a milk- product other than thosespecified in Class II milk and Class IVmilk.

(4) Clas IV milk shall be all milkspecifically accounted for (I) as used toproduce butter and (ii) as actual plantshrinkge but not to exceed 3 percentof the total receipts of milk from pro-ducers.(c) Interhandler and nonhandler

sales. Milk disposed of by a handler toanother handler, or to a person not ahandler but who distributes milk ormanufactures milk products, shall beClam I milk: Provdded, That in the eventsuch selling handler on or before thedate fixed for filing reports pursuant to§ 920.5 furnishes proof satisfactory tothe market administratorthat such milkhas ben disposed of by such purchaserother than as Class I milk, then suchmilk shall be classified in accordancewith such proof.(d) Computation of milk in each class.

For each delivery period, the market ad-ministrator shall compute the amount ofmilk in each class, as defined in (b) ofthis section as follows:

(1) Determine the total pounds ofmilk U) received from producers, (iDproduced by him. (liI) received fromother handlers, (iv) received as emer-gency milk. (v) received from othersource3, and (v) add together the re-sulting amounts.

(2) Determine the total pounds ofbutterfat received as follows: multiplyby the respective average butterfat testthe weight of () milk received fromproducers, (ii) milk produced.by him,(Ill) milk received from other handlers,(Uv) emergency milk, and (v) milk re-ceived from other sources; add togetherthe resulting amounts.

(3) Determine the total pounds ofmilk in Class I as follows: U) convertto qt~arts the quantity of milk disposed ofin the form of milk and milk drinks,

87S3


whether plain or flavored, and multiplyby 2.15, (11) multiply the result by theaverage butterfat test of such milk, and(i) if the quantity of butterfat so com-puted when added to the pounds of but-terfat in Class II milk, Class III milk,and Class IV milk, computed pursuantto (4) (ii), (5) (11), and (6) (it) of-thisparagraph, is less than the total polndsof butterfat received, computed in ac-cordance with (2) of this paragraph, ahamount equal to the difference shall bedivided Ify 3.8 percent and added to thequantity of milk determined pursuant.to (I) of this subparagraph.

(4) Determine the total pounds of milkin Class Ir as follows: (i) multiply theweight of each of the several productsof Class II milk by'its average butterfattest, (i) add together the resultingamounts, and (iii) divide the result ob-tained In (i!) of this subparagraph by3.8 percent.

(5) Determine the total pounds ofmilk in Class I as follows: (i) multiplythe weight of each of the several prod-ucts of Class III milk by its average but-terfat test, (ii) add together the result-Ing amounts, and (ii) divide the-resultobtained in (ii) of this subparagraph by3.8 percent.

(6) Determine the total pounds ofmilk in Clas IV as follows: (i) multiplythe weight of each of the several prod-ucts of Class IV milk by its average but-terfat test, (if) add together the result-ing amounts, (il) subtract the totalpounds of butterfat in Class I milk, ClassII milk, and Class III milk, computedpursuant to (3) (i), 4 (ii), and (5) (ii)of this paragraph, and the total poundsof butterfat computed pursuant to (ii)of this subparagraph, from the totalpounds of butterfat computed pursuanttc (2) of this paragraph, .which resultingquantity shall be allowed as plantshrinkage for the purposes of this para-graph (but in no event shall such plantshrinkage allowance exceed 3 percent ofthe total receipts of butterfat from pro-ducers by the handler) and shall beadded to the result obtained in. (ii) ofthis subparagraph, and (iv) divide theresult obtained in (ii) of this subpara-graph by 3.8 percent.

(7) Determine the classificatiomi ofmilk received from producers as follows:

(i) Subtract from the total pounds ofmilk in each class the total pounds ofmilk which were received from otherhandlers and used in such class;

(ii) Subtract pro rata from the re-maining milk in each class the quantityof milk received from the handler's ownfarm;

(ii) Subtract pro rata from the re-maining pounds of milk in each classthe pounds of emergency milk received;and

(iv) Subtract from the remainingpounds of milk in each class the totalpounds of milk, except emergency milk,which were received from sources otherthan producers and handlers and usedIn such class.

(e) Reconciliation of utilization ofmilk by classes with receipts of milk fromproducers. In the event of a differencebetween the total quantity of milk uti-lized in the several classes, as computedpursuant to. (d) of this section, and thequantity of milk received from producers,

such difference shall be reconciled asfollows:

(1) If the total utilization of milk inthe various classes for any handler, ascomputed pursuant to (d) of this section,is less than the receipts of milk fromproducers, the market administratorshall increase :the total pounds of milkin Class IV for such handler by anamount equal to the difference betweenthe receipts of milk from producers andthe total utilization of milk by classes forsuch handler.

(2) If the total utilization of milk inthe various classes for any handler, ascomputed pursuant to (d) of this section,is greater than the receipts of milk fromproducers, the market administratorshall decrease the total pounds of milkin Class IV for such handler by anamount equal to the difference betweenthe receipts of'milk from producers andthe total utilization of milk by classesfor such handler.

§ 920.4 Minimum prices-(a) Classprices. Each handler shall pay pro-ducers, subject to the provisions of§ 920.7 and at the time and in the mannerset forth in § 920.8, for milk receivedfrom such producers at such handler'splant, not less than the following pricesper hundredweight.

(1) Class I milk-The price for ClassI milk shall be the price for Class IImiilk determined by the market admin-istrator pursuant to (3) of this para-graph, plus 50 cents.

(2) Class II milk-The price for ClassII milk shall be the price for Class Imilk determined by the market admin-istrator pursuant to (3) of this para-graph, plus 25 cents.

(3) Class I milk-The price for ClassI milk shall be the price resulting from

the following computation by the marketadministrator: determine the arithmet-ical average of the basic (or field) pricesper hundredweight ascertained to havebeen paid for milk of 3.8 percent butter-fat content received during the deliveryperiod at the following plants and placesfor which prices are furnished to themarket administrator by such plants orby the United States Department ofAgriculture (or by such other Federalagency as may hereafter be authorizedto perform this price reporting function),and add 10 cents:Concern: Location

Borden Co -------- Black Creek, Wis.Borden Co - .... Greenville, Wis.Borden Co ----- Mount Pleasant. Mich.Bord,m Co - .... New London' Wis.Borden Co -.... Orfordvlle, Wis.Carnation Co- ----- Berlin, Wis.Carnation Co --- Chilton, Wis.Carnation Co --- Jefferson, Wis.Carnation Co --- Oconomowoc, Wis.Carnation Co --- Richland Center, Wis.Carnation Co_____.Sparta, Mich.Goshen Milk Con- Goshen, Ind.

densing Co.I4tchfleld Cream- Warsaw, Ind.

ery Co.Niles-Creamery Co. Niles, Mich.Pet Milk Co__.- Belleville, Mich.Pet Milk Co...... Coopersville, Mich.Pet Milk Co ----- Hudson, Mich.Pet Milk Co ----- New Glarus, Wis,Pet Milk Co ----- Wayland, Mich.White House Milk Manitowoc, Wis.

Co.WhiteHouseMilk West Bend, Wls.

Co.

(4) Class IV milk-The price for ClassIV milk shall be the price resulting fromthe following computation by the marketadministrator: multiply by 3.8 the aver-

. age wholesale price per pound of 92-score,butter in the Chicago market, as re-ported by the United States Departmentof Agriculture (or by such other Federalagency as may hereafter be authorizedto perform this price reporting func-tion), for the delivery period duringwhich such milk was received and add 30percent thereof.

(b) Class volume reconciliation ad-justment. For the amount of milk in-volved in any reconclllatlon'of class vol-umes of milk, pursuant to § 920.3 (e), thehandler shall be debited or credited, asthe case may be, at the Class IV price.

§ 920.5 Reports-(a) Reports of han-dlers to market administrator. Eachhandler, under his own signature orunder that of a person certified by suchhandler to the market administrator asbeing authorized to sign the reports re-quired by this section, shall report to themarket administrator in the detail andon forms prescribed by him as follows:'

(1) On or before the 5th day after theend of each delivery period, each handlershall report, except as otherwise pro-vided by this paragraph, AWith respect toall milk, .kim milk, and cream receivedby him during the delivery period:

(1) The receipts of milk from produc-ers, from his own production, and fromother handlers;

(ii) The receipts of emergency milk,the date or dates upon which such milkwas received, the plant from which suchmilk was shipped, the price per hun-dredweight paid or to be paid for suchmilk, anc the utilization of such milk;

(Ii) The relpts of milk, skim milk,and cream, witffbutterfat content, fromany other source; and

(iv) The utilization of all receipts ofmilk, skim milk, and cream.

(2) Each handler who handles only.milk of his own production shall makereports to the market administrator onlyat such time and in such manner as themarket administrator may request.

(3) Within 10 days after the marketadministrator's request, with respect toany producer for whom such Informa-tion is not in the files of the marketadministrator, and with respect to v,period or periods of time designated bythe market administrator, (i) the nameand address, (ii) the total pounds ofmilk received, (Ii) the average butter-fat test of milk received, and (iv) thenumber of days upon which milk wasreceived.

(4) As soon as possible after first re-ceiving milk from any producer (I) thename and 'address of such producer,fii) the date upon which such milk wasfirst received, and (iii) the, plant atwhich such milk was received.

(5) On or before the 20th day afterthe end of each delivery period, his pro-ducer pay roll for such delivery periodwhich shall show for each producer(I) the net amount of such producer'dpayment with the prices, deductions, andcharges Involved, and (i) the total de-*livery of milk with the average butterfattest thereof.

9784


(b) Verification of reports. Eachhandler shall make available to the mar-ket administrator or to his agent, or tosuch other person as the War Food Ad-ministrator may designate, those recordswhich are necessary for the verificationof the information contained in the re-ports submittedpursuant to this section,and those facilities which are necessaryfor the sampling, weighing, and testingof the milk of each producer and of milkproducts.

§ 9211. Handlers .who are also pro-ducers. With respect to each handlerwho is also a producer:

(a) The market administrator, sub-ject to the conditions set forth in (b)of this section, shall exclude from thecomputations made pursuant to § 920.7(a) the quantity of milk produced by ahandler -which is disposed of by suchhandler: Provided, That where any suchhandler has received milk from otherproducers the value of the milk so re-ceived shall be computed under § 920.7(a), as follows: the quantity of such milkshall be ratably apportioned among such"handler's total Class 7, Class II, Class

L and Class IV milk (after excludingthe receipts from other handlers) andmultiplied by- the Class 1, Class ITr, ClassIE, and Class IV prices, respectively.

,(b) The market administrator, uponprior written notice from such handlerof the exercise thereof, shall grant theoption of having all milk produced bysuch handler included in the computa-tions made pursuant to § 920.7 (a) inlieu -of the provisions of (a) of thissection.'

(e) The market administrator, incomputing the value of milk for anyhandler pursuant to § 920.7, shall con-sider as Class IV milk any milk or cream'disposed of in bulk by any such handler,who has not exercised the option setforth in (by of this section, to anotherhandier operating a bottling or a proc-essihg plant. If such receiving handlerdisposes of such milk or cream otherthan as Class IV milk, the market ad-ministrator, with respect to the totalvalue computed for such receiving han-dler pursuant to § 92G.7 (a), shall addthe difference between the value of suchmilk or cream at the Clas IV price andthe value according to its actual use.

§920.7 Deermination of uniformprices to producers-(a) Computationof the value of miU. for each handler.

a For each delivery period the market ad--ministrator shall compute, subject to theprovisions of §§ 920.4 and 920.6, the valueof milk received from producers and dis-posed of by each handler as follows:

(1) Multiply the hundredweight ofmilk in each ciass, computed pursuantto § 9203 (d) and (e) by the respectiveclass price;

(2) Combine into one total the classvalues computed pursuant to (1) of thispaxagraph: Provided, That if milk, in-cluding skim milk, is disposed of by ahandier to another handler, and if suchselling handler has not flied reports pur-suant to § 920.5 (a) and made the pay-ments required by § 920.8, the marketadministrator, In computing the valueof milk for the receiving handler, shall

No. 127-2.

multipliy the quantity of 3.8 percent but-terfat content equivalent of milk re-ported by the receiving handler as re-ceived from such selling handler andclassified as Class I milk, by the differencebetween the Class I and Class IV prices,and add the resulting sum to the value ofmilk otherwise computed pursuant tothis paragraph; and

(3) I a handler received milk, exceptemergency milk, during the delivery pe-riod from sources other than producersor handlers, as referred to in § 920.3 d)(7) (iv), there shall be added to the valueof mil determined for such handlerpursuant to this paragraph a furtheramount computed as follows: multiplythe hundredweight of such milk by thedifference between the Class IV priceand the price applicable to the class Inwhich It was disposed.

(b) Computatio= and announcement,of uniform Prices. (1) The market ad-mini trator shall compute for each han-dler the uniform price per hundred-weight of milk received from producersby such handler during each deliveryperiod by dividing the value computedunder (a) of this section by the totalquantity of milk received from producersby such handler.

(2) On or before the 10th day afterthe end of each delivery period the mar-ket administrator shall notify each han-

- dler and shall make public announce-ment of the uniform price computed forsuch handler pursuant to this section, ofthe Class IV price, and of the butterfatdifferential determined pursuant - to§920.8 c).

§ 920.8 Payments for milk-a) Timeand method of payment. On or beforethe 15th day after the end of each de-livery period, each handier shall makepayment, subject to the butterfat differ-ential set forth in (c) of this section,to producers from whom such milk wasreceived at not less than the uniformprice per hundredweight of milk con-puted for such handler pursuant to§ 920.7 (b) (1).

(b) Errors inpayments. Errorsmadefrom whatever cause In the paymentsprescribed in this section shall be cor-rected not later than the date for mak-ing payments next following the deter-mination of such errors.

c) Butterfat differentiaL If anyhan-dler has received from a producer milk

"containing more or lezs than 3.2 percentof butterfat, such handler shall add ordeduct, per hundredweight of milk, foreach one-tenth of 1 percent of butterfatabove or below 3.8 percent an amountcomputed as follows: to the averagewholesale price per pound of 92-ccorebutter in the Chicago market, as usedin § 920.4 (a) (4), add 20 percent anddivide the result obtained by 10.§ 920.9 Marting s r -(a) Dz-

duction for marketing services. Ecceptas set forth in b) of this section, eachhandler shall deduct an amount not ex-ceeding 3 cents per hundredweight (theamount to be determined by the marketadministrator, subject to review by theWar Food Administrator) from the pay-ments made to each producer pursuantto § 920.8 (a) with respect to all milk

received by such handler during eachdelivery period from such producer, andshall paY such deduction to the marketadministrator on or before the 15th dayafter the end of such delivery period.Such moneys shall be expended by themarket administrator for market infor-mation to, and for verification ofweights, sampling, and testing of milkreceived from, such producers.

(b') Producers cooperative associa-tions. In the case of producers forwhom a cooperative association whichthe War Food Administrator determinesto be qualified under the provisions ofthe act of Congress of February 18, 1922,as amended, known as the Capper-Vol-stead Act, is actually performin, as de-termined by the War Food Administra-tor, the services set forth in (a) of thissection, each handler shall make the de-ductions from the payments to be madepursuant to § 920.3 (a) which are au-thorized by such producers and, on orbefore the 15th da, after the end ofeach delivery period, shall pay over suchdeductions to the acsociation of whichsuch producers are members.

§ 92010 Expense of administration-(a) Payments by handlers. As his pro-rat. share of the expense of the admin-iration hereof each handler, except P,handler who handles only mil of hisown production, shall pay to the marketadministrator, on or before the 15th dayafter the end of each delivery period, anamount not exceeding 4 cents per hun-dredweight (the amount to be deter-mined by the market administrator,subject to review by the War Focad Ad-;ministrator) with respect to all milk re-ceived during such delivery period fromproducers, including milk produced byhim, and to all milk received fromsources other than producers or otherhandlers, including emergency milk;Provided, That each handler, which isa cooperative association shall pay suchprorata share of expense of administra-tion only on milk of producers causedto be delivered, for the account of suchcooperative association, to a plant fromwhich no milk is disposed of in themarketing area.

§ 92011 Effective time, suspension, orterm mtion-(a) Effective time. Theprovisions hereof, or any amendmenthereto, shall become effective at suchtime as the War Food Administrator maydeclare and shall continue in force untilsuspended, or terminated, pursuant to(b) of this section.

(b) Suspension or termination. Anyor anl of the provisions hereof, or anyamendment hereto, may be suspended ortei-mlnated as to any or all handlers aftersuch reasonable notice as the War FoodAdministrator shall give and shall, inany event, terminate whnever the pro-visions of the act cease to be in effect.

C) Continuing power and duty of themarket administrator. (1) If, upn thesuspension or termination of any or allprovisions hereof there are any obliga-tions arising hereunder the final accrualor ascertainment of which requires fur-ther acts by any handler, by the marketadministrator, or by any other person,the power and duty to perform such fur-

8-785


ther acts shall continue notwithstandingsuch suspension or termination: Pro-vided, That any such acts required to beperformed by the market administratorshall, if the War Food Administrator sodirects, be performed by such other per-son, persons, or agency as the War :FoodAdministrator may designate.

(2) The market administrator, or suchOther person as the War Food Adminis-trator may designate, shall (i) continueIn such capacity until removed, (ii) fromtime to time account for all receipts anddisbursements and when so directed bythe War Food Administrator deliver allfunds on hand, together with the booksand records of the market administrator,or such person, to such person as theWar Food Administrator shall direct, and(iii) if so directed by the War Food Ad-ministrator execute assignments or otherinstruments necessary or appropriate toVest in such person full title to all funds,property, and claims vested in the mar-ket administrator or such person pur-suant thereto.

(d) Liquidation after suspension ortermination. UpOn the suspension ortermination of any or all provisionshereof the market administrator, or suchperson as the War Food Administratormay designate, shall, if so directed bythe War Food Administrator, liquidatethe business of the market-administra-tor's office and dispose of all funds andproperty then in his possession or underhis control, together with claims for anyfunds which are unpaid or owing at thetime of such suspension or termination.Any funds collected pursuant to the pro-visions hereof, over and above theamounts necessary to meet outstandingobligations and the expenses necessarilyIncurred by the market administrator orsuch person in liquidating such funds,shall be distributed to the contributinghandlers and producers in an equitablemanner.

§ 920.12 Agents. The War Food Ad-ministrator may, by designation in writ-ing, name any officer or employee of theUnited States to act as his agent orrepresentative in connection with any ofthe provisions hereof.

§ 920.13 , Emergency price provision.Whenever the provisions hereof requirethe market administrator to use a spe-cific price (or prices) for milk or anymilk product for the purpose of deter-mining class prices or for any other pur-pose, the market administrator shall addto the specified price the amofint of anysubsidy, or other similar payment, beingmade by any Federal agency in connec-tion with the milk, or product, associatedwith the price specified: Provided, Thatif for any reason the price specified isnot reported or published as indicated,the market administrator shall use theapplicable maximum uniform price es-tablished by regulations of any Federalagency plus the amount of any suchsubsidy or other similar payment: Pro-vided further, That if the specified priceis not reported or published and thereis no applicable maximum uniform price,or if the specified price is not reportedor published and the War Food Admin-istrator determines that the market price

is below the applicable maximum uni-form price, the market administratorshall use a price determined by the WarFood Administrator to be equivalent toor comparable with the price specified.

Issued at Washington, D. C., this 22dday of June 1943 to be effective on orafter the-1st day of July 1943.

CHESTER C. DAVIS,War Food Administrator.

Approved: June 25, 1943.FRED 11. VnisoN,

Director of Economic Stabilization.

[F. R. Doe. 43-10250; Fled, June 25, 1943;4:57 p. m.l

PART 932-MILc ix THE FORT WAYNE,INDIANA, MARXETING AREA

ORDER, AS AMENDED, REGULATING THE RAN-DLNG OF IJILX

§ 932.0 Findings and determina-tions--(a) Findings upon the basis ofthe hearing record.. Pursuant to Pub-lic- Act No. 10, 73d Congress (May 12,1933), as amended and as reenacted andamended by the Agricultural MarketingAgreement Act of 1937, as amended(hereinafter referred to as the "act"),and the rules of practice and procedurecovering the formulation of marketingagreements and nilk orders (7 CFR,1941 Supp. §§ 900.1-900.17; 7 F.R. 3350;8 F.R. Z815) a public hearing was heldupon certain proposed amendments tothe tentatively approved marketingaeement, as amended, and-to the order,as amended, regulating the handling ofmilk In the Fort Wayne, Indiana, market-ing area. Upon the basis of the evi-dence introduced in such hearing andthe record thereof, it is hereby foundthat:

(1) The order regulating the handlingof milk in the said marketing area, asamended and as hereby amended, andall of the terms and conditions of saidorder, as amended and as herebyamended, will tend to effectuate the de-clared policy of the act;

(2) The prices calculated to give milkproduced'for sale in the said marketingarea a purchasing power equivalent tothe purchasing power of such milk asdetermined pursuant to sections 2 and8 (e) of the act are not reasonable inview of the price of feeds, availablesupplies of feeds, and other economicconditions which affect market suppliesof and demand for such milk, and theminimum prices specified in the said or-der, as amended~and as'hereby furtheramended, are such prices as will reflectthe aforesaid factors, insure a sufficientquantity of pure and wholesome milk,and be in the public interest;

(3) The'said order, as amended andas hereby further amended, regulates thehandling of milk in the same manner asand is applicable only to persons in therespective classes of industrial and com-mercial activity specified in the said ten-tatively approved marketing agreementupon which a hearing has been held;and '

(4), The handling of all milk sold ordisposed of in the marketing area, as

defined herein, is in the current of in-terstate commerce, or directly burdens,obstructs, or affects Interstate'commercein milk and its products.

(b) Additional findings. (1) It Ishereby found and proclaimed in connec-tion with the execution of a iaarketingagreement and the Issuance of anamended order regulating the handlingof milk in the said marketing area,that the purchasing power of such milkduring the pre-war period August 1909-July 1914 cannot be satisfactorily deter-mined from avall Lble statistics of theDepartment of Agriculture but that thepurchasing power of such milk for thepost-war period August 1919-July 1929can be satisfactorily determined fromavailable statistics in the Department ofAgriculture; and the post-war periodAugust 1919-July 1929 is the base periodto be used in connection with the saidmarketing agreement and this order indetermining the purchasing power ofsuch milk.

(2) It is hereby found that the neces-sary expenses of the market administra-tor for the maintenance and functioningof such agency will amount to approxi-mately $15,000 per year; and the pro-rata share of such expenses to be paid byeach handler is hereby approved In themaximum amount of 4 cents per hun-dredweight on all milk received fromproducers, received from sources otherthan producers or handlers, Includingemergency milk, and produced by suchhandler during each delivery period,

(c) Determinations. (1) It is herebydetermined that handlers (excludingcooperative associations of producerswho are not engaged in processing, dis-tributing, or shipping milk covered bythis order) of at least 50 percent of thevolume of milk covered by this orderwhich is marketed within the said mar-keting area have signed the tentativelyapproved marketing agreement regulat-ing the handling of milk In the saidmarketing area and

(2) It Is hereby further determinedthat the Issuance of this order, aamended, is approved or favored by atleast two-thirds of the producers whoparticipated in a referendum on thequestion of approval of the order andwho, during the month of April 1943(which month is hereby determined tobe a representative period), were en-gaged in the production' of milk for salein the said marketing area.

Order Relative To HandlingIt is hereby ordered that such han-

dling of milk In the Fort Wayne, In-diana, marketing area as is in thecurrent of interstate commerce or asdirectly burdens, obstructs, or affectsinterstate commerce shall, from the ef-fective date hereof, be In compliancewith the terms and conditions of thisorder as amended.

§ 932.1 Definitions. The followingterms shall have the following meanings:

(a) "Fort Wayne, Indiana, marketingarea," hereinafter called the "marketingarea," means the territory within thecorporate limits of Fort Wayne, Indiana,and the territory within 4 miles of thecorporate limits of Fort Wayne, Indiana.

8786


(b) 'Terson" means any individual,partnership, corporation, association, orany other business unit.(o) 'Troducer" means any person, Ir-

respective of whether such person is alsoa handler, who, in conformity with thehealth requirements applicable to milkto be sold for consumption as milk in themarketing area, produces milk which isxeceived at a plant from which milk isdisposed of in the marketing area.(d) '"Handler" means any person; ir-

respective of whether such person is aproducer or an association of producers,wherever located or operating, who en-gages in such handling of milk which isdisposed of as milk in the marketingarea, as is in the current of interstatecommerce, or which directly burdens,

-obstructs, or affects interstate commerceIn milk and its products. "Such han-dling of milk" as used in this definitionshall include the milk of any producercaused to be delivered by an associationof producers to a plant from which non is disposed of in the marketing area,

if payment therefor is collected by such-association; and uch milk shall bedeemed to have been received from pro--lucers by such association. "Handler"shall not include any person from whommilk described under (i) of this section-and under § 932.6 (b) and (c) is received.

(e) "Market administrator" means-the person .designated pursuant to§ 932.2 as the agency for the adminis-

-tration hereof.(f) "Delivery period" means the cur-

rent marketing period from the first toand including the last day of eachmonth.

(g) "Act" means Public Act No. 10,73d Congress, as amended and as re-enacted and amended by the Agricul-tAual Marketing Agreement Act of 1937,as amended.

(h) "War Food Administrator" meansthe War Food Administrator of theUnited States or any offider or employeeof the United States who Is or who mayhereafter be authorized to exercise the

-powers and to perform the duties, pur-suant to the act, of the War Food Ad-ministrator of the United States.

D " ergency milk" means milk,skim milk, or cream received by a han-dler from sources other than producersunder a permit to receive such milk,skim milk, or cream issued to him bythe proper health authorities.

§ 932.2 Market administrator-(a)Designation. The agency for the admin-istration hereof shall be a market ad-ministrator who shall be a person se-

-lected by the War Food Administrator.Such person shall be entitled to such-compensation as may be determined by,and shall be subject to removal at thediscretion of, the War Food Admin-istrator.

(b) Powers. The market administra-tor shall:

(1) Administrator the terms and pro-visions hereof; and

(2) Receive, investigate, and report tothe War Food Administrator complaintsof violation of the terms and provisions.hereof.

(c) Duties. The market administra-tor shall:

(1) Keep such books and records aswill clearly reflect the transactions pro-vided for herein and surrender the sameto his successor or to such other personas the War Food Administrator maydesignate;

(2). Submit his books and records toexaminition and furnish such informa-tion and such verified reports as may berequested by the War Food Adminis-trator;

(3) Within 45 days following the dateupon which he enters upon his duties,execute and deliver to the War FoodAdministrator a bond, conditioned uponthe faithful performance of his dutie,in an amount and with surety thereonsatisfactory to the War Food Adminis-trator;

(4) Publicly disclose to handlers andproducers, unless otherwise directed bythe War Food Administrator, the nameof any person who, within 15 days afterthe date upon which he is required toperform such acts, has not (1) made re-ports pursuant to § 932.5 or (U) madepayments pursuant to § 932.8;

(5) Employ and fix the compensationof such persons as may be necessry toenable him to administer the terms andprovisions hereof;

(6) Obtain a bond with reasonablesurety thereon covering each employeewho handles funds entrusted to themarket administrator;

(7) Promptly verify the informationcontained in the reports submitted byhandlers; and

(8) Pay, out of the funds providedby § 932.10, the cost of his bond, his owncompensation, and all other expensesnecessarily Incurred in the maintenanceand functioning of his office and in theperformance of his duties, except thoseexpenses incurred and provided forunder § 932.9 hereof.

§ 932.3 Classlfwation of milk-(a)Milk to be classlflcd. All milk receivedby each handler including milk producedby him shall be classified by the marketadministrator in the classes set forthin (b) of this sebtion.

(b) Classes of ufft ation. The classesof utilization shall be as follows:

(i) All milk disposed of as milk ormilk drinks, whether plain or flavored,and all milk not specifically accountedfor as Class II milk and Class M milkshall be Class I milk,

(2) All milk used to produce creamwhich is disposed of as cream. Includ-iug any cream product disposed of influid form which contains less thn=.theminimum butterfat content required forfluid cream, and buttermilk shnll be ClassII milk.

(3) All milk from which the butterfatis disposed of as a milk product otherthan those included.in Class II milk,and all milk accounted for as actualplant shrinkage but not exceeding 3 par-cent of the total receipts of milk, shallbe Class II milk.

(c) Interandler and nonhandlersales. AM disposed of by a handler toanother handler, or to a person not ahandler who distributes milk or manu-

factures milk products, shall be classi-fled as Class I milk: Provided, That inthe event such selling handler, on orbefore the date fixed for filing reportspursuant to § 932.5 (a) (1), furnishedproof satisfactory to the market admin-istrator that such milk has been dis-posed of by such purchaser other thanas Class I milk, then such milk shall beclassified in accbrdance with such proof.

§ 932.4 Minimum prices-(a) Classprices. Each handler shall pay pro-ducers or an association of producers,in the manner set forth in § 932.8, forthe 4 percent butterfat content equiva-lent of milk received at such handler'splant, not less than the following pricesper hundredweight of milk:

(1) Class I mill:. The price for ClassI milk shall be the price of Class I1milk, determined by the market ad-ministrator pursuant to (3) of this pra-graph, plus 61 cents: Provided, Thatwith respect to Class I milk disposed ofby such handler under a program ap-proved by the War Food Administratorfor the sale or disposition of milk tolow-income consumers, including per-sons on relief, the price shall be suchClass I price less 46 cents.

(2) Class I milk. The price forlas31 milk shall ba the price for Class 3Ulmilk, determined by the market admin-istrtor pursuant to (3) of this para-graph, plus 26 cents.

(3) Class III milk:. Except as setforth In (4) of this paragraph, the pricefor Class 311 milk shall be the price re-sulting from the following computatioriby the market administrator: determinethe average of the basic (or field) pricesper hundredweight ascertained to havebeen paid for milk of 4 percent butter-fat content received during the deliveryperiod at the following plants for whichprices are reported to the market ad-ministrator by such plants or by the'United States Department of Agricul-ture (or by such other Federal agencyas may hereafter be authorized to per-form this price reporting function), andsubtract 3 cents:Concern: Locaton

Dszrca Milk Prod- Deance.Ohlo.ucto Co.

Van Camp Mlk Co_- AngolaIndna.Van Camp L Co-- Ga-rettIndInTr.KraLt-PhenlxChec-za 1Zendalve31eIndlans.

Corp.

Provided, That if the price so deter-mined is Ils than the price per hun-dredweight computed by the marketadministrator in accordance with thefollowing formula, such formula priceshall be the price for Class III milk forthe delivery period: multiply by 4 theaverage wholesale price per pound of92-score butter in the Chicago maket,as reported by the United States Depart-ment of Agriculture (or by such otherFederal agency as may hereafter beauthorized to perform this price report-Ing function) for the delivery periodduring which such milk was received,and add 30 percent thereof.

The prices used in determining theaverage manufacturing plant price pur-suant to this subparagraph shall be thosequoted for milk received at the respectiveplants without deductions for hauling

8797


or other charges to be paid by the farmshipper.

(4) In the case of Class 3II milk dis-posed of by such handler as butter, butnot to exceed 10 percent of the 4 percentbutterfat content equivalent of suchhandler's Class I and Class II milk, theprice shall be that resulting from thefollowing computation by the market ad-ministrator: multiply by 4 the averagebutter price computed pursuant to theproviso in (3) of this paragraph, andadd 30 percent thereof.

§ 932.5 Reports-(a) Reports of han-dlers to marketadministrator. Eachhandler, under his own signature orunder that of a person certified to themarket administrator as being author-ized to sign the reports required by thisparagraph, shall report to the marketadministrator in the detail and on formsprescribed by the market administratoras follows:

(1) On or before the 5th day after theend of each delivery period, (i) the re-ceipts of milk at each plant from pro-ducers, (ii) the receipts of milk at eachplant from handlers, (iii) the receiptsat each plant of the milk produced byhim, (iv) the receipts of milk and creamat each plant from any other source, and(v) the utilization of all receipts of milkfor the delivery period.

(2) Within 10 days after the marketadministrator's request, with respect toeach producer for whom such informa-tion is not in the files of the marketadministrator and with respect to a pe-riod or periods of time designated by themarket administrator i) the-name andaddress, (ii) the total pounds of milkreceived, (iii) the average butterfat testof milk received, and (iv) the numberof days updn which milk was received.

(3) On or before the 20th day afterthe end of each delivery period, his pro-ducer pay roll, which shall show for eachproducer (i) the total receipts of milkwith the average butterfat test thereof,(ii) the amount of the token payment topuch producer made pursuant to § 932.8(a), and (iii) the deductions and chargesmade by the handler.

(4) As soon as possible after the firstreceiving milk from any producer (I)the name and address of such producer,(it) the date upon which such milk wasfirst received, and (iii) the Plant atwhich such milk was received.

(5) On or before the day such han-dler receives emergency milk, his in-tention to receive such milk.

(6) On or before the 5th day afterthe end of each delivery period, the re-ceipts of emergency milk, as follows:(I) the amount of such milk, (it) thedate or dates upon which such milkwas received during the delivery period,(iii) the plant from which such milk wasshipped, Civ) the price, per hundred-weight paid, or to be paid, for such milk,and (v) such other information withrespect thereto as the market adminis-trator may request.

(7) Each handler who handles onlymilk of his own production shall makereports as specified above in this para-graph only at such times as the marketadministrator may request.

(b) Verification of reports. Eachhandler shall make available to the mar-ket administrator or to his agent, or tosuch other person as the War Food Ad-ministrator may designate, those recordswhich are necessary for the verificationof the information contained in the re-ports submitted in accordance with thissection, and those facilities which arenecessary for the sampling, weighing,and testing of the milk of each producerand of milk products.

(c) Reports of market administrator tocooperative associations. On or beforethe 10th day after the end of each deliv-ery period, the market administratorshall report to each cooperative associa-tion which so requests the amount andclass utilization of milk caused to bedelivered by such association, eitherdirectly or from producers who have au-thorized such association to receive pay-ments for them, to each handler to whomthe cooperative sells milk. For the pur-pose of this report the milk caused to beso delivered by an association shall beprorated to each class in the proportionthat the total receipts of milk receivedfrom producers by such handler wereused in each class.

§ 932.6 Application of provisions-(a) Each handler who is also a producer.(1) The market administrator, subjectto the conditions set forth in (2) of thisparagraph, shall exclude from the com-putations made pursuant to § 932.7 (a),the quantity of milk produced and dis-posed of by such handler: Provided,That if any such handler has receivedmilk from other producers the value ofthe nilk so received shall be computedunder § 932.7 (a) as follows: the quan-tity of such milk shall be ratably appor-tioned among such handler's total ClassI, Class IT, and Class lI milk (after ex-cluding the receipts from other han-dlers) and multiplied by the Class I,Clasi II, and Class III prices, respectively.

(2) The market administrator, uponprior written notice from such handlerof the exercise thereof, shall grant theoption of having all milk. produced bysuch handler included in the computa-tions made pursuant to § 932.7 (a), inlieu of the provisions of (1) of thisparagraph.

(3) The market administrator, in com-puting the value of milk for each handlerpursuant to § 932.7 (a), shall consideras Class fII milk any milk or cream re-ceived in bulk by any such handlerfrom a handler who handles only milk ofhis own production and who has notexercised the option set forth in (2) ofthis paragraph. If such buying handlerdisposes of such milk or cream for otherthan Class IlI purposes, the market ad-ministrator shall add to the total valuecomputed pursuant to § 932.7 (a) thedifference between the value of such milkor cream at the Class III price (Q 932.4(a) (3)) and its value according toactual class use.

(b) Milk, not emergency milk, re-ceived from sources other than producersor handlers. The market administrator,before making the computations for eachhandler provided by § 932.7 (a) shall de-duct from each class (after excluding

the receipts from other handlers) thetotal pounas of milk, except emergencymilk, received from sources other thanproducers or handlers and used In suchclass.

(c) Emergency milk. The market ad-ministrator, before making the compu-tations for each handler provided by§ 932.7 (a), shall deduct pro rata out ofeach class for which emergency milk iseligible (after excluding the receiptsfrom other handler) the total pounds ofemergency milk received by such han-dler.

§ 932.7 Determination of uniformprice to producers-(a) Computation ofthe value of milk for each handler. Foreach delivery period the market admin-istrator shall compute, subject to the pro-visions of § 932.6, from the report of eachhandler the value of milk disposed of bysuch handler as follows:

(1) Multiply by the Class I price thehundredweight of milk computed as fol-lows: multiply the total weight of milkcontained In the several units of Class Imilk by the average butterfat test ofsuch units, and divide by 4;

(2) Multiply by the Class II price thehundredweight of milk-computed as fol-lows: multiply the total weight of eachof the products of Class II milk by itsaverage butterfat test, add together theresulting amounts, and divide the sumby 4;

(3) Multiply by the respective ClassI prices the hundredweight of milkcomputed as follows: multiply the totalweight of each of the products of ClassMI milk by its average butterfat test, addtogether the resulting amounts, and di-vide the sum by 4;

(4) Combine Into one total the hun-dredweight of milk computed pursuantto (1), (2), and (3) of this paragraph;

(5) Combine into one total the valuesof milk computed pursuant to (1), (2),and (3) of this parapraph;

(6) If the hundredweight of milk com-puted pursuant to (4) of this paragraphis less than the hundredweight of milkreceived from producers, multiply suchdifference by 10 cents per hundred-weight; add such amount to the valueof milk computed pursuant to (5) of thisparagraph; and add to the computedhundredweight of milk an amount rep-resenting the difference between suchhundredweight and the hundredweightof milk received from producers;

(7) If the hundredweight of milk com-puted pursuant to (4) of this paragraphis greater than the hundredweight ofmilk received from producers, multiplysuch difference by 10 cents per hundred-weight; subtract such amount from thevalue of milk computed pursuant to (5.)of this paragraph; and subtract from thecomputed hundredweight of milk anamount representing the difference be-tween such hundredweight and the hun-dredweight of milk received from pro-ducers; and

(8) If a handler received milk, exceptemergency milk, from sources other thanproducers or handlers, as referred to In§ 932.6 (b), there shall be added to thevalue of milk determined for such han-dler pursuant to (5) of this paragraph a

8788


iurther amount computed as follows:multiply the hundredweight of suchmil (computed by dividing the poundsof butterfat therein by 4) by the differ-ence between the Class 3I1 price(Q 932A (a) (3)) and the price appli-cable to the class in which it wasdisposed.

(b) Computation and announcementof uniform price. For eafh deliveryperiod, the market administrator shallcompute and announce the uniformprice per hundredweight of milk receivedfrom producers by handlers during suchdelivery period as follows:

(1) Combine into one total the re-spective values of milk computed pur-suant'to (a) of this section for handlerswho made the payments required ofthem for the previous delivery period by§ 932.8 (b) (2) and (b) ();

(2) If the hundredweight of milk com-puted pursuant to (a) (4) of this sectionis less than the hundredweight of milkreceived from -producers, add an amountcomputed by multiplying such difference'by 4 times the average price of buttercomputed pursuant- to the proviso in4932.4 (a) (3);-

(3) f the hundredweight of milk com-puted pursuant to (a) (4) of this sec-tion is greater than the hundredweightof- milk received from producers, sub-

-tract an amount computed by multiply-ing such difference by'4 times the aver-age price of butter computed pursuantto the proviso in § 932.4 (a) (3);

(4) -Add an amount per hundredweightwhich will prorate any cash balanceavailable pursbant to (c) of this section;

(5) Divide the result by the hundred-'weight of milk received from producers;

(6) Subtract not less than 4 cents normore than 5 cents for the purpose of re-taininga cashbalance to provide againsterrors in reports and in payments byhandler; and1 (7) On or before the loth day afterthe end of each delivery period the mar-ket administrator shall notify eachhandler of the uniform price, of theclass prices, and of the butterfat dif-ferential computed pursuant to § 932.8(d), and shall make public announce-ment of such class prices, of the lutter-fat differential, and of the computationof the uniform price.

(c) Proration of cash balance. Foreach delivery period-the mrket admin-istrator shall prorate by an appropriateaddition pursuant to (b) (4) of this sec-tion, the cash balance, if any, availablefrom payments received by him to meetobligations arising out of § 932.8 (b) (2)and (b) (3).

§ 932.8 Payments for nril k-(a)Token payments. On or before the lastday of each delivery period, eachhandler shall pay producers or an asso-clation-of producers, with respect to thequantity of milk he received from eachproducer or from an association of pro-ducers, respectively, during the first 15days of the delivery period, the uniformprice announced by the market admin-istrator pursuant to § 932.7 Cb) (7) for3ank received during the delivery perodnext preceding.

(b) Final payment. On or before the15th day after the end of each deliveryperiod, each handler shall make pay-ment, subject to the butterfat differ-ential set forth in (d) of this section andless the payment made pursuant to (a)of this section, for the total value of milkreceived from producers or from an as-sociation of producers during such de-livery period computed according to4932.7 (a) as follows:

(1) To each producer, except pro-ducers for whom payment Is receivedfrom the handler by an association ofproducers under (2) of this paragraph,at not less than the uniform price perhundredweight, computed pursuant to9 932.7 C), for all milk received fromsuch producer during such deliveryperiod;

(2) To an association of producers,with respect to milk which was causedto be delivered to him by such associa-tion either directly or from producerswho have authorized such associationto collect payment for them, at not le3than the class prices set forth in § 932.4,subject to the butterfat differential pro-vided in (d) of this section, for the utili-zation value of such milk. In the eventpayment s so made, such association,in turn, shnll pay on or before the 15thday after the end of each delivery pe-riod to the market administrator theamount by which the utilization value ofsuch milk, and of the milk of each pro-ducer which It caused to be deliveredduring the delivery period to a plantfrom which no milk is disposed of inthe marketing area, Is greater than thesum obtained by multiplying the hun-dredweight of all such milk by the pricecomputed pursuant to § 932.7 (b). Forthe purpose of determining the use clas-sification of milk caued-to be deliveredby an association to another handler,such milk shall be ratably apportionedamong the receiving handler's totalClass I, Class II, and Class M milk.

(3) To producers, through the mar-ket administrator, by paying to or re-ceiving from the market administrntor,as the case may be, the amount of moneyby which the utilization value of suchhandler's milk, less the payments madeas provided for above in this paragraph,exceeds, or is less than, respectively, thetotal value bf milk computed for suchhandler pursuant to § 932.7 (a).

(c) Errors in Payment-. Errors inmaking the payments prescribed in thissection shall be corrected not later thanthe date for making such payments ne tfollowing the determination of sucherrors.

(d) Butterfat differcntial. If anyhandler has received from any produceror from an association of producers,during the delivery period, milk havingan average butterfat content other than4 percent, such handler In making thepayments required by (b) of this sec-tion shall add for each one-tenth of 1percent of average butterfat content inmilk above 4 percent not less than, orshall deduct for each one-tenth of 1percent of average butterfat content inmilk below 4 percent not more than, anamount computed as follows: divide by

10 the average price of butter computedpursuant to § 932.4 (a) (3).

§ 932. Mjareting serrics--(a) Mar-k:eting service deductions. Except as setforth in-(b) of this section, each handler,in making payments to producers pur-mnt to § 932.8, shall make a deductionof 4 cents per hundredweight of milk,or such lesser e' duction as the marketadmini-trator shall determine to be suf-ficient, subject to review by the WarFood Administrator, with respect to thefollowing:

(1) All milk received from producersat a plant not operated by an associationof producers qualified under (b) of thissection; and

(2) All milk received at a plant oper-ated by an association of producersqualified under (b) of this section fromproducers who are not members of suchassociation.

Such deductions shall be paid by thehandler to the market administrator onor before the 15th day after the end ofeach delivery period. Suchmonies shallbe experded by the market administratorfor verification of weights, samples, andtests of milk received from such pro-ducers and in providing for market in-formation to such producers. iahe mar-ket administrator may contract with anyqualified oassoiation of producers to actas his agent to furish any or all of suchservices to such producers.

(b) Zfar7;etng service deduction wit&.respect to mnembers of, or producersmartcting through, an association ofproducers. In the case of each producer(1) whois amemberof, or who has givenwritten authorization for the renderingof marketing services and the taking ofdeduction therefor to, an association ofproducers qualified under the provisionsof the act of Congress of February 18,1922, known as the Capper-Volstead Act,(2) whose milk is received at a plant notoperated by such -ssociation, and (3) forwhom the War Food Administrator de-termines that such association is per-forming the services described in (a) ofthis section, each handler shaTl deductin lieu of the deductions specified under(a) of this section, from the paymentsmade pursuant to § 932.8 the amountper hundredweight of milk authorized bysuch producer and shall pay over, on orbefore the 15th day after the end ofsuch delivery period, such deduction tothe association entitled to receive itunder this paragraph.

§ 932.10 Expense of administration.As his prorata share of the expense ofadministration hereof, each handler, ex-cept a handler who handles only milkof his own production, shall pay to themarket administrator, on or before the15th day after the end of each deliveryperiod, an amount not exceeding 4 centsper hundredweight (the amount to bedetermined by the market administrator,subject to review by the War Food Ad-ministrator) with respect to all milkreceived by him during such deliveryperiod from producers, from sourcesother than producers or handlers, in-cluding emergency milk, and from ownproduction: Provided, hat each handler

8789

8790 FED]

which is an association of producers shallpay such prorata share of expense ofadministration only on that milk of pro-ducers caused to be delivered to a plantfrom which no milk is disposed of in themarketing area.

§ 932.11 Effective time, suspeflsion, ortermination-(a) Effective time. Theprovisions hereof, or any amendmenthereto, shall become effective at suchtime as the War Food Administrator maydeclare and shall continue in force untilsuspended or terminated pursuant to (b)of this section.

(b) Suspension or termination. Anyor all of the provisions hereof, or anyamendment hereto, shall be suspended orterminated as to any or all handlers aftersuch reasonable notice aS the War FoodAdministrator may give and shall termi-nate, in any event, whenever the provi-sions of the act cease to be in effect.

(c) Continuing power and duty of themarket administrator. (1) If upon thesuspension or termination of any or allprovisions hereof, there are any obliga-tions arising hereunder, the final accrualor ascertainment of which require fur-ther acts by any handler, by the marketadministrator,. or by any other person,the power and duty to perform suchfurther acts shall continue notwithstand-Ing such suspension or termination: Pro-vided, That any such acts required to beperformed by the market administratorshall, if the War Food Administrator sodirects, be performed by such other per-son, persons, or agency as the War FoodAdministrator may designate.

(2) The market administrator, or suchother person as the War Food Adminis-trator may designate, shall (I) continuein such capacity until removed, (ii)from time to time account for all receiptsand disbursements and, when so directedby the War Food Administrator, deliverall funds or property on hand togetherwith the books and records of the mar-ket administrator, or such person, tosuch person as the War Food Adminis-trator may designate, and (iiI) if so di-rected by the War Food Administrator,execute assignments or other instru-ments necessary or appropriate to vestin such person full title to all funds,property, and claims vested in the mar-ket administrator or such person pursu-ant thereto.

(d) Liquidation alter suspension ortermination. Upon the suspension ortermination of any or all provisionshereof the market administrator, or suchperson as the War Food Administratormay designate, shall, if so directed bythe War Food Administrator, liquidatethe business of the market administra-tor's office and dispose of all funds andproperty then in his possession or underhis control, together with claims forany funds which are unpaid or owing atthe time of such suspension or termi-nation. Any funds collected pursuantto the provisions hereof, over and abovethe amounts necessary to meet out-standing obligations and the expensesnecessarily incurred by the market ad-ministrator or such person in liquidatingand distributing such funds, shall be dis-tributed to the contributing handlersand producers in an equitable manner.

ERAL REGISTER, Tu6sday, June 29, 1943

' § 932.12 Agents. The War Food Ad-ministrator may, by designation inwriting, name any officer or employeeof the United States to act as his agentor representative in connection with anyof the provisions hereof.

§ 932.13 Emergency price provision.Whenever the provisions hereof requirethe market administrator to use a spe-cific price (or prices) for milk or. anymilk product for the purpose of de-termining class prices or for any otherpurpose, the market administrator shalladd to the specified price the amount ofany subsidy, or other similar payment,being made by any Federal agency inconnection with the milk, or product,associated with the price specified: Pro-vided, That if for any reason the pricespecified is not reported or published asindicated, the market administratorshall use the applicable maximum uni-form price established by regulations ofany Federal agency plus the amount ofany such subsidy or other similar pay-ment: Provided further, That if thespecified price is not reported or pub-lished and there is no applicable maxi-mum uniform price, or if the specifiedprice is not reported or published andthe War Food Administrator determinesthat the-market price is below the ap-plicable maximum uniform price, themarket administrator shall use a pricedetermined by the War Food Admin-istrator to be equivalent to or compar-able with the price specified.

Issued at Washington, D. C., this 25thday of June 1943, to be effective on andafter the 1st day of July 1943.

Jzss. W. TAPP,Acting War Food Administrator.

IF. R. Doc. 43-10269; Filed, June 26, 1948;11:50 am.]

PART 967-MnIx ilN TaE ST. JOsEPHCOUiTy, INImAA, MARxErNG AsrA

HANDLING OP MILKSec. 0

967.0 Findings and determinations.967.1 Definitions.967.2 Market administrator.967.3 Reports.967.4 Classification of milk.967.5 Minimum prices. * •967.6 ApplIcation of provisions.967.7 Determination of uniform price.967.8 Payment for milk.967.9 Expense of administration.967.10 Marketing services.967.11 Effective time, suspension, or termi-

nation.967.12 Agents.967.13 Emergency price provision.

§967.0 F i n d i n g s and determina-tions-(a) Findings upon the basis "ofthe hearing record. Pursuant to PublicAct No. 10, 73d Congress (May 12, 1933),as amended and as reenacted andamended by the Agricultural MarketingAgreement Act of 1937, as amended(hereinafter referred to as the "act"),and the rules O practice and procedurecovering the formulation of marketingagfeements and milk orders (7 CFR, 1941Supp. 900.1-900.17; 7 FR. 3350; 8 FR.

-2815) a public hearing was held upon aproposed marketing agreement and upon

a proposed order regulating the handlingof milk in the St. Joseph County, Indi-ana, marketing area. Upon the basis ofthe evidence introduced in such hearingand the record thereof, it Is hereby foundthat:. (1) The Issuance of this order regu-lating the handling of milk in the saidmarketing area, and all of the terms andconditions *of this order, will tend toeffectuate the declared policy of the act;

(2) The prices calculated to give milkproduced for sale in the said marketingarea a purchasing power equivalent to

-the purchasing power of such milk as de-termined pursuant to sections 2 and 8 (e).of the act are not reasonable In view ofthe price of feeds, available supplies offeeds, and other economic conditionswhich affect market supplies of and de-mand for such milk, and the minimumprices specified in the said order are suchprices as will reflect the aforesaid fac-tors, insure a sufficient quantity of pureand wholesome milk, and be in the publicinterest;

(3) The said order regulates the han-dling of milk in the same manner as andIs applicable only to liersons In the re-spective classes of industrial and com-mercial activity specified in the said ten-tatively approved marketing agreement,upon which a hearing has been held; and

(4) The handling of all milk sold ordisposed In the marketing area, as de-fined herein, is in the current of Inter-state commerce, or directly burdens, ob-structs, or affects interstate commercein milk and its products.

(b) Additional flndifgs. (1) It ishereby found and proclaimed In connec-tion with the execution of a marketingagreement and the issuance bf an orderregulating the handling of milk In thesaid marketing area, that the purchasingpower of such milk during the pre-warperiod August 1909-July 1914 cannot besatisfactorily determined from availablestatistics of the Department of Agricul-ture, but that the purchasing power ofsuch milk for the post-war period August1919-July 1929 can be satisfactorily de-termined from available statistics of theDepartment of Agriculture; and thepost-!war period August 1919-July 1929Is the base period to be used in connec-tion with the said marketing agreementand this order in determining the pur-chasing power of such milk.

(2) It Is hereby found that the neces-sary expezises of the market adminis-trator for the maintenance and func-tioning of such agency will amount toapproximately $15,000 per year; and theprorata share of such expenses to bepaid by each handier is hereby approvedin the maximum amount of 4 cents perhundredweight on all milk received fromproducers, received from sources otherthan producers or handlers, includingemergency milk, and produced by suchhandler during each delivery period.

(c) Determinations. It is hereby de-termined that handlers (excluding co-operative associations of producers whoare not engaged in processing, distribut-ing, or shipping milk covered by thisorder) of at leas. 50 percent of thevolume of milk which is marketed withinthe said marketing area refused or failed


to sign the tentatively approved market-ing agreement regulating the handlingof milk in the said marketing area; andit is hereby further determined that:

(1) The refusal or failure of such han-dlers to sign such tentatively approvedmarketing agreement tends to preventthe effectuation of the declared policy ofthe act;

(2) The issuance of this order is theonly practical means pursuant to thedeclared policy of the act-to advance theinterests of -the producers of milk whichis produced for sale in the said market-ing area; and

(3) The issuance of this order is ap-proved or favored by at least two-thirdsof- the producers who participated in areferendum on the question of approvalof the order .and who, during the monthof march 1943 (which month is herebydetermined to be a representativeperiod), were engaged in the productionof milk for sale in the said marketingarea.

Order Relative To Handling

it is hereby ordered, That such han-dling of milk in the St. Joseph County,Indiana, marketing area as is in thecurrent of interstate commerce or as di-rectly burdens, obstructs, or affects in-,terstate commerce shall, from the effec-tive date hereof, be in compliance withthe terms and conditions of this order.

§ 967.1 Definitions. The followingterms shall have the following mean-ings:

(a) "Act" means Public Act No. 10, 73dCongress, as amended and as reenactedand amended by the Agricultural Mar-keting Agreement Act of 1937, asamended.

(b) "war Food Administrator" meansthe War Food Administrator of theUnited States or any ocier or employeeof the United States who is, or who mayhereafter be, authorized to exercise thepowers or to perform the duties, pursuantto the act, of the War Food Administra-tor.

(c) "St. Joseph County, Indiana, mar-keting area," hereinafter called the"marketing area," means all municipalcorporations and unincorporated terri-tory within the geographical limits of-St. Joseph County, Indiana, exceptingthe townships of Olive, Liberty, andLincoln.

(d) 'Person" means any individual,partnership, corporation, association, orany other business unit.

(e) "Approved plant" means any plant* which is approved by the health authori-

ties of either South Bend or Mishawaka,Indiana, aie from which milk is disposedof as milk in the marketing area.

(f) ' Producer" means any person who,-under a dairy farm inspection report is-sued by the health authorities of eitherSouth Bend or Mishawaka, Indiana, pro-duces milk which is received at anapproved plant.

(g) "Handler" means any person, irre-spective of whether such person is a pro-ducer or an association of producers,

- wherever located or operating, who re-ceives milk from producers, associationsof producers, or other handlers, all or aportion of which milk is disposed of as

milk in the marketing area; and who,on his own behalf or on behalf of othersengages in such handling of milk as isin the current of Interstate commerce, orwhich directly burdens, obstructs, oraffects interstate colnmerce in milk andits products, This definition shall bedeemed to indicate any cooperative a=o-clation or handler with respect to themilk of any producer whose milk pre-viously had been received at an approvedplant which such assoclation or handlercauses to be delivered to a plant fromwhich no milk Is disposed of in the mar-keting area, for the account of suchcooperative association or handler.

(h) " arket administrator" meansthe agency described in § 967.2 for theadministration hereof,

(I) "Delivery period" means the pe-riod from the effective date hereof untilthe end of the calendar month in whichsuch effective date occurs. Thereafter,"delivery period" shall mean the currentcalendar month.

C) "Emergency milk" means milk,skim milk, or cream received fromsources other than producers or handlersunder a permit to receive such milk,skim milk, or cream lsstied by either ofthe health authorities referred to in (e)of this section.

§ 967.2 Market administrator-a)Selection, removal, and bond. Theagency for the administration hereofshall be a market administrator whoshall be a person selected and subject toremoval by the War Food Administra-tor. Such person shall be entitled tosuch compensation as may be deter-mined by the War Food Administrator.,(b) Powers. The market administra-

tor shall:(1) Administer the terms and pro-

visions hereof; and(2) Receive, investigate, and report to

the Secretary complaints of violationshereof.(c) Duties. The market administra-

tor shall:(1) Keep such books and records as

will clearly reflect the transactions pro-vided for herein and shall surrender thesame to his successor to such other per-son as the War Food Administrator maydesignate;

(2) Submit his books and records toexamination and furnish such infor-mation and such verified reports as maybe requested by the War Food Adminis-trator;

(3) Obtain a bond with reasonablesuret thereon covering each employeewho handles funds entrusted to the mar-ket administrator;

(4) Publicly disclose, after reasonablenotice, the names of any persons whohave not made the reports or paymentsas hereby required;

(5) Prepare and disseminate, for thebenefit of producers, consumers, andhandlers, such information concerningthe operation hereof as does not revealconfidential information;

(6) Employ and fix the compansationof such persons as may be necezary toenable him to administer the terms andprovisions hereof; -

(7) Within 45 days following the dateupon which he enters office, execute and

deliver to the War Food Administrator .bond, conditioned upon the faithful per-formance of his duties, in an amount andwith surety thereon satisfactory to theIWar Food Administrator;

(8) Pay, out of the funds received pur-suant to § S67.9, the cost of his bond andof the bonds of such of his employees ashandle funds entrusted to the marketadministrator, his own Compensation,and all other expenses necessarily in-curred by him for the maintenance andfunctioning of his offce and in the per-formance of his duties, except those ex-pense3 Incurred and provided for under§ 967.10 hereof; and

(9) Promptly verify the informationcontained in the reports submitted byhandlers.

(d) Announfement of Prices. Themarket administrator shall compute andpublicly announce prices as follows:

(1) Not later than the 5th day afterthe end of each delivery period, the pricesand differentials pursuant to § 967.5 (a)and (c); and

(2) Not later than the 14th day afterthe end of each delivery period, theuniform price computed pursuant to§ 967.7 (b).

§ 9073 Reports-(a) Reportsoflhan-diers to market administrator. Eachhandler, under his own signature orunder that of a person certified by suchhandler to the market administrator asbeing authorized to sign the reports re-quired by this section, shall report tothe market administrator, in the detailand on forms prescribed by him asfolow.:

(1) On or before the 9th-day after theend of each delivery period, the quan-tit, butterfat test, and butterfat poundsof (I) the receipts of milk at each plantfrom producers, (ii) the receipts of milkat each plant from other handlers,(Ill) the receipts of milk oncream fromsources other than producers and han-diem, including emergency mil], (iv) thereceipts at each plant of the mi pro-duced by him, and (v) the utilization ofall receipts of ,p for the deliveryperiod;

(2) On or before the 7th day afterthe end of each delivery period suchinformation as may be requested withrespect to producer additions, producerwithdrawals, and changes in the namesof farm operators; and

(3) On or before the 25th day afterthe end of each delivery period his pro-ducer pay roll, which shall show for eachproducer (1) the total delivery of milkwith the average butterfat test thereof,(I) the net amount of payment to suchproducer made pursuant to § 957,(ill) any deductions and charges madeby the handler, and (iv) such other in-formation with respect thereto as themarket administrator may request.

(b) Verification of reports and paj-meats. (1) The market administratorshall verify all reports and payments ofeach handler by audit of such handier'srecords, and of the records of any otherhandler or person upon whose disposi-tion of milk a handier claim classifica-tion. Each handler shall keep adequaterecords of his receipts and utilizationof milk and, during the usual hours of

$791

FEDERAL -REGISTER, Tuesday, June 29, 1943

business, shall make available to themarket administrator, to his representa-tive, or to such other person as the WarFood Administrator may designate, suchrecords and facilities as will enable themarket administrator to:

(i) Verify the receipts and dispositionof all milk required to be reported pur-suant to this section, and, in case oferrors or omissions, ascertain the correctfigures;

(ii) Weight, sample, and test for but-terfat content the milk received fromproducers and any product of milk uponwhich classification depends; and

(iii) Verify the'payments to producersrequired by § 967.8.

§ 967.4 Classification of milk-(a)Basis of classification. All milk receivedby a handler, including mIlk produced byhim, shall be reported by the handlerto the market administrator on the basisof the classes set forth in (b) of this sec-tion: Provided, That (1) any milk mov-ing as fluid milk from any handler'splant to a plant of a nonhandier whodistributes fluid milk shall be classifiedas Class I milk and any cream moved inthe form of cream to such nonhandlershall be classified as Class II milk, exceptfor milk or cream in excess of the amountof Class I or Class II milk distributedby the nonhandler: Provided, That ifthe handler, on or before the 9th dayafter the end of the delivery period,furnishes proof satisfactory to the mar-ket administrator that such milk orcream was used for purposes other thanfluid milk or fluid cream, such milk orcream shall be classified in accordancewith such proof; (2) any milk or creammoving from a handler's plant to a plantof a nonhandler, who does not distributefluid milk shall be classified accordingto its use by such nonhandler, subjectto verification by the market administra-tor; (3) any milk moving from the han-dler's plant where the milk was firstreceived from producers to the plantof a second handler, which has manu-facturing facilities, shall be Class I milkif moved from the second handler's plantas fluid milk, and Class II milk if movedas cream; and (4) any milk moving fromthe handler's plant where the milk wasfirst received from producers to a secondhandler's plant which has no manufac-turing facilities may be classified ac-cording to its utilization by a thirdhandler.

(b) Classes of utilization. Subject tothe conditions set forth in (a) of thissection, the classes of utilization of milkshall be as follows:

(1) Class I milk shall be all milk dis-posed of in the form of milk or milkdrinks, whether plain or flavored, in-cluding bulk milk disposed of to bakeries,hotels, restaurants, and other retail foodestablishments, and all milk not ac-counted for as'Class II milk, Class IIImilk, and Class IV milk.

(2) Class 3l milk shall be all milk thebutterfat from which is disposed of assweet or sour cream and as cottagecheese.

(3) Class III milk shall be all milk thebutterfat from which is used to producea milk product other than one of those

specified in Class In and Class IV includ-ing frozen cream, ice cream, cheese (ex-cept cottage cheese); and Ice cream mix.

(4) Class IV milk shall be all milk thebutterfat from which is used to producebutter and all milk acounted for as actualplant shrinkage: Provided, That suchplant shrinkage shall not exceed 3 per-cent of the total receipts of. milk fromproducers, including the handler's own

* production. Any handler whose reportclaimed the original classification of milkin this class shall be liable under theprovisions of § 967.8 (f) for the differencebetween the Class IV and Class Mlr pricesfor the delivery period in which theClass IV classification was claimed on

- any-such milk if the butterfat used inthe production of butter is subsequentlyused in the production of ice cream orice cream mix.(c) Responstiblity of handleis in estab-

lishing the classification of milk. (1)In establishing the classification of anymilk received by a handler from pro-ducers, the burden, rests upon such

'handler to account for the milk and toprove to the market administrator thatsuch milk should not be classified asClass I milk.

(2) With respect to milk, or skim milk,disposed of to another handler, the bur-den rests upon the handler who receivedthe milk from producers to account forthe milk, or-skim milk, and to prove tothe market administrator that suchmilk, or skim milk, should not be classi-

'fled as Class I milk.(d) Computation of milk in each class.

For each -delivery period, the market ad-- ministrator shall compute the amount of

milk In each class for each handler asfollows:

(1) Determine the total pounds of milk(i) received from producers, includingsuch handler's own production, (ii) re-ceived from other handlers, (ifi) receivedfrom other sources, including emergencymilk, and (iv) add together the result-ing amounts.

(2) Determine the total pounds of but-terfat received as follows: (i) multiplythe weight of the milk received from pro-ducers by its average-butterfat test, (ii)multiply the weight of the milk producedby him by its average butterfat test, (ill)multiply the weight of the milk receivedfrom other handlers by its average but-terfat test, (iv) multiply the weight of

* the milk received from other sources byits average butterfat test (butterfat inemergency milk to be computed sepa-rately), and (v) add together the result-Ing amounts. -

(3) Determine the total pounds ofilk in Class I as follows: (I) convert to

quarts the quantity of milk disposed ofin the form of milk and milk drinks,whether plain or flavored, and multiplyby 2.15, (ii) multiply the result by itsaverage buttdrfat test, and (ill) if thequantity of butterfat so computed whenadded to the pounds of butterfat in ClassT:1 milk, Class Timilk, and Class IV milk,computed pursuant to (4) (it), 5 (ii), and

* (6) (it) of this paragraph, is less thanthe total pounds of butterfat received,.computed in accordance with (2) of thisparagraph, an amount equal to the dif-ference shall be divided by 4 percent and

shall -be added to the quantity of milkdetermined pursuant to (i) of thissubparagraph.

(4) Determine the total pounds ofmilk In Class II as follows: (I) multiplythe actual weight of each of the severalproducts of Class II milk by Its averagebutterfat test, (ii) add together the re-sulting amounts, and (ill) divide theresult obtained in (ii) of this subpara-graph by 4 percent.

(5) Determine the total pounds ofmilk in Class XII as follows: (i) multiplythe actual weight of each of the severalproducts of Class I milk by Its averagebutterfat test, (ii) add together the re-sulting amounts, and (Ili) divide theresult obtained In (ii) of this subpara-graph by 4 percent.

(6) Determine the total pounds ofmilk in Class IV as follows: (1) multiply

-the actual weight of each of the severalproducts of Class IV milk by Its averagebi.ttterfat test, (ii) add together th6 re-sulting amounts, (ll) subtract the totalpounds of butterfat In Class I milk, ClassII milk, and Class III milk, computedpursuant to (3) (it), (4) (fl), and (5)" (ii)of this paragraph, and the total poundsof butterfat computed pursuant to (ii)of this tubparagraph, from the totalpounds of butterfat computed pursuantto (2) of this paragraph which resultingquantity shall be allowed as plant shrink-age for the purposes of this paragraph(but in no event shall such plant shrink-age- allowance exceed 3 percent of thetotal receipts of butterfat from producersby the handler) and shall be added to theresult obtained In (i) of this subpara-graph, and (iv) divided the result ob-tained in (ii) of this subparagraph by 4pefcent.

(7) Determine the classification ofmilk received from producers as follows:

(I) Subtract from the total pounds ofmilk in each class the total pounds ofmilk which were received from otherhandlers and used In such class;

(ii) Subtract pro rata from the re-maining pounds of milk in each class thepounds of emergency milk received,

(ii) Subtract from the remainingpounds of milk In each class the totalpounds of milk which were received fromsources other than producers and han-dlers and used in such class; and(Iv) Except as set forth in (e) of this

section, the result shall be known as the"net pool milk" in each class.

(e) Reconciliation of utilization o1milk by classes with receipts of milk fromproducers. In the event of a differencebetween the total quantity. of milk uti-lized In several classes as computed pur-suant to (d) of this section and thequantity of milk received from produc-ers, edcept for excess milk or the milkequivalent of butterfat pursuant to§ 967.6 (c), such difference shall be rec-onciled as follows:-

(1) If the total utilization of milk inthe various classes for any handler, ascomputed pursuant to d) of this sec-tion, is less than the receipts of milk fromproducers, the market administratorshall Increase the total ;.:unds of milkIn Class V for such handler by anamount equal to the difference between

8792


the receipts of milk from producers and o for Class MI milk be less than the pricethe total utilization of milk by classes for computed under (4) of this paragraph.such handler, which result shall -be Concern: Lctformknown as the "net pool milk" in each Borden Co......- . Black Crzee, Wis.class.. Borden Co ------- Greenville, Wizo

(2) If the total utilization of milk in Borden Co......-.. ountPleacant=,Mch.the various classes for any handler, as Borden Co......- . cw London. Wis.computed pursuant to (d) of this section, Borden Co ----.-- Orfordvllle, Win.

Carnation Co _.... Ecrlin, Win -is greater than the receipts of milk from Carnation Co.... Jcffcr-on. Wo.producers, the market administrator Carnation Co.... Chilton, Wln.shall decrease the total pounds of milk Carnation Co.... Ozonomowoc. Win.in Class IV for such handler by an Carnation Co__..... chland Centcr, WL.amount equal to the difference between Carnation Co.... Sparta. =ch.the receipts of milk from producers and Pat Milk Co__..... elleville.=cb.the total utilization of milk by classes for Pat Milk Co___..... Coopellle, Ch.Pet Milk CO.......... Euds~on, ich.such handler, which result shall be PatAM Co______ Ncw GlarUf. Wis.'known as the "net pool milk" in each Per Mlk Co ------ Wayland, Micb.class. 'white House Milk manntovcc, Win.

Co.§ 967.5 Minimum prices---(a) Class White Houe L wet Brend, Wis..prices. Subject to the differential set Co.forth in (c) of this section, each handlershall pay, at the time and in the manner (4) Class IV milUs. The price per hun-

set forth in § 967.8, for milk received dredweight for Class IV milk shall be thatfrom producers at such handler's plant, resulting from the following computation

not less than the prices set forth in this by the market administrator: multiplysection. Any handler who receives dur- by 4 the average wholesdle price per

ing any delivery period milk from a co- pound of 92-score butter in the Chicago

operative association which is also a market, as reported by the United States

.handler shall, on or before the 16th day Department of Agriculture (or by such

after the end of the delivery period, pay other Federal agency as may hereafter

such cooperative association in full for be authorized to perform this price re-

such milk at not less than the mmum porting function) for the delivery periodSclass prices, adjusted by the differentials during which such milk was received, add

applicable pursuant to this section. 20 percent. and add or subtract 3 cents(1) Class I milk. - The price per hun- per hundredweight for each full one-half

dredweight for Class I milk during each cent that the price of dry ',im milk for

,delivery period shall be the price deter- human consumption is above or below,

mined pursuant to (b) of this section, respectively, 5% cents per pound. The

plus 65 cents, price per pound of dry skim milk to be

(2) Class II milk. The price per hun- used in this subparagraph shall be the

dredweight for Class II milk during each arithmetical average of the carlot prices

delivery period shall be the price deter- for both spray and roller process dry sklimmiedy prisuantto (b)e thpise set, milk for human consumption, L o. b.mined pursuant to (b) of this section, manufacturing plant, as reported by theplus 40 cents. -United States Department of Agriculture

(3) Class III milk. The price per (or by such other Federal agency as mayhundredweight for Class M milk shall hereafter be authorized to perform thisbe the average, as computed by the mar- price reporting function) for the Chicagoket administrator, of the basic (or field) area during the delivery period, includingprices ascertained to have been paid for in such average the quotations publishedmilk of 4 percent butterfat content re- for any fractional part of the previousceived during the delivery period at the delivery period which were not publishedfollowing places for which prices are re- and available for the price determinationported to the market administrator by of such dry skim milk for the previous

.the three listed companies or by the delivery period. In the event the carlotUnited States Department of Agriculture prices for dry skim milk for human con-(or by such other Federal agency as may sumption, f. o. b. manufacturing plant,hereafter be authorized to perform this are not so reported the arithmeticalprice reporting function): average of the carlot prices for bothConcern: Location spray and roller process dry skim milk

Goshen Milk Condensing Co- Goshen, Ind. for human consumption, delivered atLitchfield C -ery Co ---- Warsaw, Ind. Chicago, shall be used and the figureNew Paris C - Co___ New Paris. Ind. "71S" shall be substituted for "5! ±" in the

Provided, That if any one of the above formula set forth above in this subpara--companies fails to report the price for graph.-milk so received, the price per hundred- (b) Basic formula price to be used inweight for Class I milk shall be the determining Class I and Class II prices.average, as computed by the market ad- The basic formula price to be used inministrator, of the basic (or field) prices determining the prices per hundred-

-ascertained to have been paid for milk of weight of Class I and Class II milk, set3.5 percent butterfat content received forth in this section, shall be the priceduring the delivery period at the follow- for Class III milk determined pursuanting places for which prices are reported to (a) (3) of this section, the price forto the market administrator by the listed Class IV milk determined pursuant tocompanies or by the United States De- (a) (4) of this section, or that derivedpartment of Agriculture (or by such from the following formula, whicheverother Federal agency as may hereafter is the highest:be authorized to perform this price re- (1) Multiply the average wholesalepor'ting function) , plus 22 cents: Provided price per pound of 92-score butter atfurther, That in no event sliall the price Chicago for the delivery period as re-

No. 127---3

ported by the United States Departmentof Agriculture (or by such other Federalagency as may hereafter be authorizedto perform this price reporting function),by six (6);

(2) Add 2A times the average weeldyprevailing price per pound of "Tins"during the delivery paiod on the Wis-consin Cheese Exchange at Plymouth,Wisconsin: Provided, That if the priceof "Twins" is not quoted on the Wiscon-sin Cheese Exchange the weekly prevail-Ing price of "Cheddars" shall be deemedto be the prevailing price for "Twins"and shall be used in determining theprice pursuant to this formula;

(3) Divide by seven (7) the sum sodetermined, being hereafter referred toin this paragraph as the "combined but-tar and cheese value";

(4) To the combined butter andcheese value add 30 percent thereof; and

(5) Multiply the sum computed in(4) of this paragraph by 4.(c) Butterfat differential to handlers.

If any handler has received from pro-ducers nil containing more or less than4 percent of butterfat, such handlershall add or deduct, per hundredweightof milk, for each one-tenth of I percentof butterfat above or below 4 percent,an amount computed as follows: to theaverage wholesale price per pound of92-score butter in the Chicago market,as computed under (a) (4) of this sec-tion, add 20 percent, ane divide theresulting sum by 10.(d) Class volume reconciliation ad-

Justment For the amount of milk in-volved in any reconciliation of class vol-umes of milk, pursuant to § 967.4 (e), thehandler shall be debited or credited, asthe case may be, at the Class IV price.

§ 967.6 Application of Provisions-Ca)Handlers who are also producers. Noprovision hereof shall apply to a handlerwhose sole sources of supply are receiptsfrom his own production and from otherhandlers or to a handler who does notreceive milk at an approved plant, exceptthat such handlers shall make reports tothe market administrator at such timeand In such manner as the market ad-ministrator may request.

(b) Payment for milk received fromsources determined as other than Pro-.ducers or other handlers. If any han-dler has received milk or but' -'at fromsources determined as other n pro-ducers or other handlers, the.. :ket ad-ministrator, in computing the value ofmilkfor such handler pursuantto § 967.7,shall consider such milk or the milkequivalent of such butterfat as Class IVmil. U the receiving handler uses suchmilk or butterfat for other than Class IVPurposes, such handler shall pay to pro-ducers, through the producer-settlementfund, the difference between the value ofsuch milk or butterfat at the Class IVprice and Its value according to actualutilization by the handler. This pro-vision shall not apply to milk or butter-fat from sources determined as otherthan producers or handlers, if such han-dler can prove to the market adminis-trator that such milk or butterfat wasued for purposes which did not violateany regulations issued by the h-ZTthauthorities as referred to in § 967.1 (e).

8723


(c) Payment for excess milk or butter-fat. In the event that a handler, aftersubtracting his own production, receiptsfrom other handlers, and receipts fromsources determined as other than pro-ducers or other handlers, has disposedof milk and/or butterfat in excess of themilk and/or butterfat which, on the ba-sis of his reports, has been credited tohis producers as having been receivedfrom them, such handler shall pay toproducers, through the producer-settle-ment fund, the value of such milk and/orthe milk equivalent of such butterfat inaccordance with its utilization.

§ 967.7 Determination of uniformprice--(a) Net pool obligation of han-dlers. Subject to the provisions of§ 967.6, the net pool obligation of eachhandler for milk received from producersduring each delivery period shall be asum of money computed for such deliveryperiod as follows:

(1) Multiply the net pool milk in eachclass, computed pursuant to § 967.4, bythe respective class price, with the ap-propriate differential applicable pursuantto § 967.5 (c), and add together the re-sulting values.

(2) Deduct, if the average butterfatcontent of all milk received from pro-ducers is in excess of 4 percent, and add,If the average butterfat content of allmilk received from producers is less than4 percent, ;he total value of the butter-fat differential applicable pursuant to§ 967.8 (b).

(b) Computation of the uniform price.The market administrator shall com-pute the uniform price per hundred-weight of milk for each delivery periodas follows:

(1) Combine Into one total the netpool. obligations of all handlers, com-puted pursuant to (a) of this section,who made the reports pursuant to § 967.3(a) (1) for such delivery period and thepayments required by § 967.8 (d) for thedelivery period immediately preceding;

(2) Add the amount of cash balance,In the producer-s6ttlement fund;

(3) Divide the result by the totalquantity of net pool milk of all handlerswhose reports are included in this com-putation; and

(4) Subtract not less than 4 cents normore than 5 cents to provide againsterrors and delinquencies in reports andin payments by handlers. The resultshall be known as the uniform price formilk containing 4 percent of butterfatreceived from producers.

§ 967.8 Payment for milk-(a) Timeand method of Payment. On or beforethe 19th day after the end of each de-livery period each handler shall pay eachproducer, for milk received during thedelivery period, an amount of money rep-resenting not less than the total valueof such milk, at the uniform pried perhundredweight, computed pursuant to§ 967.7 (b), subject to the butterfat dif-ferential set forth under (b) of thissection. 0

(b) Butterfat differential to produc-ers. For each one-tenth of 1 percent ofaverage butterfat content above or below4 percent in milk received from any pro-ducer during the delivery period, the uni-

form price to be paid to such producershall be plus or minus, as the case maybe, an amount computed as follows: tothe average wholesale price pet poundof 92-score butter in the Chicago market,as computed under § 967.5 (a) (4), add20 percent, and divide the resulting sumby 10:(c) Producer-settlement fund. The

market administrator shall establish andmaintain a separate fund known as the"producer-settlement fund"-into which,he shall deposit all payments made byhandlers pursuant to (d)and (f) andout of which he shall make all paymentsto handlers pursuant to (e) and (f) ofthis section: Provided, That the marketadministrator shall offset any such pay-ment dub to any handier against pay-ments due from such handler. Imme-diately after computing the uniformprice for each delivery period, the mar-ket administrator shall compute theamount by which each handler's net poolobligation, ncluding the payments toproducers which are required to be madepursuant to § 967.6, is greater or less thanthe sum obtained by multiplying suchhandler's net pool milk by the uniformprice and shall enter such amount oneach handler's account as such handler'spool debit or pool credit, as the case maylie, and shall render such handler atranscript of his account.(d) Payments to the producer-settle-

ment fund. On or before the 17th dayafter the end of each delivery periodeach handler shall make full paymentto the market administrator of any pooldebit balance shown on 'the accountrendered pursuant to (c) of this sectionfor such delivery period.(e) Payments out of the producer-set-

tlement fund. On or before the 18th dayafter the end of each delivery period,the market administrator shall pay toeach handier the pool credit balanceshown on the account rendered pursuantto (c) of this section for such deliveryperiod, less any unpaid obligations ofthe handler. If at such time the balancein the prodtcer-settlement fund is in-sufficient to make all payments pursuantto this paragraph, the market adminis-trator shall reduce uniformly such pay-ments and shall complete such paymentsas soon as the necessary funds are avail-able. No handier who, on the 18th dayafter the end of each delivery period, hasnot received the balance of the paymentdue him from the market administratorshall be deemed to be in violation of (a)of this section if he reduces his totalpayments uniformly to all producers bynot more than the amount of the reduc-tion in payment from the producer-set-tlement fund.(f) Adjustment of errors in payments.

Whenever verification by the market ad-ministrator of reports or payments ofany handier discloses errors made inpayments to the producer-settlementfund pursuant to (d) of this section, themarket administrator shall promptly billsuch handler for any unpaid amount andsuch handler, within 5 days, shall makepayment to the'market administrator ofthe amount so billed. Whenever verifi-cation discloses that paymefit *is duefrbm the market administrator to any

handler, pursuant to (e) of this section,the market administrator, within 5 days,shall make such payment to such han-dler. Whenever verification by the mar-ket administrator of the payment byhandler to any producer, for milk re-ceived by such handler, discloses pay-ment to such producer of less than is re-quired by this section, the handler Shallmake up such payment to the producernot later than the time of making pay-ment to producers next following suchdisclosure.

§ 967.9" Expense of administration.As his prorata share of the expense ofthe administration hereof, each handler,except those handlers, described under§ 967.6 (a), shall pay to the market ad-ministrator, on or before the 17th dayafter the end of each delivery period, anamount not exceeding 4'cents a hundred-weight (the exact amount to be deter-mined by the market administrator, sub-ject to review by the War Food Admin-istrator) with respect to all milk re-ceived by him during such delivery pe-riod from produces, from sources otherthan producers or other handlers, In-cluding emergency milk, and from hisown production: Provided, That eachhandler which is a cooperative associa-tion shall pay such prorata share of ex-pense of administration only on thatmilk of producers actually received at aplant of such cooperative association orcaused to be delivered 'by such coopera-tive association to a plant from whichno milk is disposed of in the marketingarea.

§ 967.10 Marketing s e r v i a e s-a)Marketing service deduction. In makingpayments to producers pursuant to§ 967.8, each handler, with respect to allmilk received from each producer duringeach delivery period' it a plant not oper-ated by a cooperative association ofwhich such produce o a member, shall,except as set forth fii' (b) of this section,deduct 3 cents per ' hundredweight (orsuch lesser amount, ,b the market ad-ministrator shall dMtbrmine to be suffi-cient, such deterriiidtton to be subjectto review by the W r Food Administra-tor), and shall, on or before the 17th dayafter the end of such delivery period, paysuch deductions to the market adminis-trator. Such moneys shall be expendedby the market administrator for verifica-tion of weights, samples, and tests ofmilk received from such producers andin providing for market Information tosuch producers. The market adminig-trator may contract with an association,or associations, of producers for the fur-nishing of the whole or any part of suchservices to, or with respect to the milkreceived from, such producers.

(b) Marketing service deductions withrespect to members of a Producers' coop-erative association. In the case of prO-ducers whose milk is receiyed at a plantnot operated by a cooperative associa-tion of which such producers are mem-bers and for whom a cooperative asso-ciation qualified under the provisions ofthe act of Congress of February 18. 1022,known as the Capper-Volstead Act, isactually performing, the, services setforth in (a) of this-section, each han-

8794


dler shall, in lieu of the deductions spbei-fled in (a) of this section, make suchdeductions from payments made pur-suant to § 967.8 as may be authorized bysuch producers, and pay over, on or be-fore the 17th day after the end of eachdelivery period, such deductions to theassociation rendering such service ofwhich such producers are members.

§ 967.11 Effective time, suspension, ortermination-(a) Effective time. Theprovisions hereof, or any amendmenthereto, shall become effective at suchtime as the War Food Administratormay declare and shall continue in forceuntil suspended, or terminated, pursu-ant to (b) of this section.

(b) Suspension or termination. Anyor all of the provisions hereof, or anyamendment hereto, shall be suspendedor terminated as to any or all handlersafter such reasonable notice as the WarFood Adminitrator may give and, inany event, shall terminate whenever theprovisions of the act authorizing it ceaseto be in effect.

(c) Continiing power and duty of themarket adminiftrator. (1) If, upon thesuspension or termination of any or allprovisions hereof there are any obliga-tions arising hereunder the final accrualor ascertainment of which requires fur-ther acts by any-handler, by the marketadministrator, or by any other person,the power and duty to perform suchfurther acts shall continue notwith-standing such suspension or termina-tion: Provided, That any such actsrequired to be performed by the marketadministrator shall, if the War Food Ad-ministrator so directs, be performed bysuch other person, persons, or agencyas the War Food Administrator maydesignate.

(2) The market administrator, or suchother person as the War Food Admin-istritor may designate, shall (i) continuein such capacity until removed, (ii) fromtime to time account for all receipts anddisbursements and when so directed bythe War Food Adminitrator deliver allfunds on hand, together with the booksand records of the market administratoror such person, to such person as theWar Food Administrator shall direct, and(iii) if so directed by the War Food Ad-minitrator, execute assignments or oth-er instruments necessary or appropriateto vest in such person full title to allfunds, property; and claims vested inthe market adminitrator or such personpursuant thereto.

(d) Liquidation alter suspension ortermination. Upon the suspensibn ortermination of any or all provisionshereof the market administrator, or suchperson as the War Food Administratormay designate, shall, if so directed by theWar Food Administrator, liquidate thebusiness of the market administrator'soffice and dispose of all funds and prop-erty then in his possession or under hiscontrol, together with claims for anyfunds which are unpaid or owing at thetime of such suspension or termination.Any funds collected pursuant to the pro-visions hereof, over and above theamounts necessary to meet outstandingobligations and the expenses necessarilyincurred by the market administrator or

such person in liquidating and distribut-ing such funds, shall be distributed tothe contributing handlers and producersin an equitable manner.

§ 967.12 Agents. The War Food Ad-ministrator may, by designation in writ-ing, name any officer or employee of theUnited States to act as his agent orrepresentative in connection with anyof the provisions hereof.

§ 967.13 Emergency price provision.Whenever the provisions hereof requirethe market administrator to use a spe-cific price (or prices) for milk or anymilk products for the purpose of deter-mining class prices or for any other pur-pose, the market administrator shall addto the specified price the amount of anysubsidy, or other similar payment, beingmade by any Federal agency in connec-tion with the milk, or product, associatedwith the price specified: Provided. Thatif for any reason the price specified Isnot reported or published as indicated,the market administrator Shall use theapplicable maximum uniform price es-tablished by regulations of any Federalagency plus the amount of any suchsubsidy or other similar payment: Pro-vided further, That if the specified priceis not reported or published and there isno applicable maximum uniform price,or if the specified price Is not reportedor published and the War Food Admin-istrator determines that the mark:etprice Is below the applicable mokimumuniform price, the market administratorshall use a price determined by the WarFood Administrator to be equivalent toor comparable with the price specified.

Issued at Washington, D. C., this 22dday of June 1943, to be effective on andafter the 1st day of July 1943.

CHmrz C. D.VIs,War Food Administrator.

Approved: June 25, 1943.FAM A. Vnsozz,

Director of Economic Stablization.[F. IL Doc. 43-10251; Filed, June 25, 1943;

4:57 p. n.]

Chapter XI-War Food Administration

[FDO 17, Amdt. 21PART 1407-D=ro FnuT

RAISIN VARIETY GRAPES, ZAZI CU1 ;TI;GRAPES, RAISn1s, AID 7UzUIE CUpIANTS

Pursuant to the provisions of Execu-tive Or4er No. 9280, dated December 5,1942, and Executive Order No. 9322.dated March 26, 1943, as amended byExecutive Order No. 9334, dated April 19,1943, and in order to assure an adequatesupply and emclent distribution ofraisin variety grapes, Zante Currantgrapes, raisins, and Zante Curranti tomeet war and essential civilian needs,It is hereby ordered, That Food Distri-bution Order No. 17 (8 P.R. 1706) issuedby the Secretary of Agriculture on Jan-uary 30, 1943, as amended, relative toraisin variety grapes, be, and the samehereby is, further amended as follows:

1. By inserting after § 1407.2 (a) (8)the following additional provisions:

(9) The term "producer" means anyperzon engaged in the production ofralsin variety grapes or Zante Currantgrapes; and such term includes, but isnot limited to, any owner of such grapesat the time of the harvesting or pickingof such grapes.

(10) The term "dehydrator" meansany person engaged in the business ofdrying raisin variety grapes or ZanteCurrant grapes by the use of artificialheat or by sun drying.

2. By deleting the provisions in§ 1407.2 (b) (1) and inserting, in lieuthereof, the following:

No producer may sell or deliver raisinvariety grapes or Znte Currant grapes,produced in 1943, except (1) to the FoodDistribution Administration (including,but not being limited to, the FederalSurplus Commodities Corporation) or(WI) to any perton designated by the Di-rector or (II) to a dehydrator for thepurpose of converting such grapes intoraisins or Zante Currants. No producermay, unless specifically authoried by theDirector, use more than 100 pounds ofraisin variety grapes or Zante Currantgrapes for any purpose other than forconversion into raisins.

3. By deleting the provisions in§ 1407.2 (b) (2) and Inserting, in lieuthereof, the following:

(2) No person may purchase or ac-cept delivery of raisin variety grapes orZante Currant grapes, produced in 1943,for any purpose other than for conver-sion into raisins or Zante Currants, un-less specifically authorized by the Direc-tor.

The provisions hereof shall becomeeffective at 12:01 a. In., e. w. t., June 26,1943. With respect to any violation ofsaid Food Distribution Order No. 17, asamended, prior to the effective -time ofthis amendment, said Food DistributionOrder No. 17, as heretofore amended,shall be deemed to continue to be in fullforce and effect for the purpose of sus-taining any proper suit, action, or otherproceeding with respect to any suchviolation.(E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 P.R.3807; E.O. 9334, 8 F.R. 5423)

Isued this 25th day of June 1943.CHESR C. DAVIs,

War Food Administrator.

[F. R. DZc. 43-10267; Piled, June 26, 1943;11:49 a. m.]

[Ff0 27, Amdt. 4]PA nT 1410-LImv~zocz Am MAsTS

LIVEST0Co; SLAUGHTER P=

Food Distribution Order No. 27 (8 P.R.2785), issued by the Secretary of Agri-culture on March 5, 1943, as amended,g 1410.4, is further amended as follows:

1. By adding at the end of (a) there-of, the following:

(14) The term "custom slaughter"means the killing, for meat production,of livestock for the owner by any personother than such owner.

2. By adding at the end of (b) thereof,the following:

8795

FEDERAL REGISTER, Tuesday, June 29,,194a

(3) No person who has not obtaineda permit to slaughter livestock pursuantto the requirements of (b) (1) hereof,or who has not registered under theprovisions of Meat Restriction Order No.1, as amended, shall, after July 1, 1943,custom slaughter any livestock unlesshe has a valid and effective permit, is-sued under this paragraph (b) (3), at'the time of such slaughter. Applicationsshall be* directed to such permit-issuingagencies as may be designated by theDirector, and shall certify that the appli-cant's establishment has minimum sani-tary facilities, as defined in this order,and has adequate facilities for the con-servation and preservation of all edibleand principal inedible by-products.

3. By adding at the end of (d) thereof,the following:

(4) No person (except persons regis-tered as slaughterers under the provi-sions of Meat Rlestriction Order No. 1,'as amended), shall custom slaughter anylivestock unless, -not later than the endof the month in which such customslaughter is done, he obtains from the.owner of the livestock so slaughtered,a certification signed by such owner ac-knowledging ownership of such livestock,and receipt of the meat obtained there-from, an~d setting forth the following:

(I) The name and address of the ownerof the livestock.

(it) The registration niimber (underMeat Restriction Order No. 1, as amend-ed), or the permit number (underthis order), of the owner. In the case-of a farm slaughterer who has no per-mit, a statement that the meat is- forhome consumption will be deemed- a'compliance with this requirement.

(iii) The number of head and thedressed or live weight of earh type-slaughtered and the date or dates of'slaughter.

(tv) The date or dates of delivery ofthe meat obtained from such livestock.

Certificates shall be signed by the ownerand by the custom slaighterer, and shallbe retained by the latter for a period oftwo years. Statements contained in oraccompanying such certifications shallbe deemed representations to an agencyof the United States. Certificate formsmay be obtained upon application to theState War Board. Any local slaughterer,butcher, or farm slaughterer who failsto obtain such certification or to producethe same upon request by the Directorshall, in addition to all other penaltiesprovided for violations of this order,have charied against his quota theamount of any 1i v e s t o c k so customslaughtered. , This record-keeping .re-quirement has been approved by the Bu-reau of the Budget in accordance withthe Federal Reports Act of 1942.

4. By amending (e) (3) thereof toread as follows:

(3) In thehabsence of-the establish-ment of quotas by the Director, the quotafor each butcher in any one month shallbe his choice of (i) the number of eachtype of livestock which he slaughteredin the corresponding month of 1941, or

(ii) the total live weight of livestockwhich he slaughtered in the correspond-

\ing month-.of.1941. Quotas for butchersfor each type of.livestock in any onemonth may be established by the Direc-tor, and may be based upon the amountof slaughter by such butcher in the cor-responding month of 1941, or the amountof slaughter in any other period whichthe Director deems appr6priate.

5. -By amending (el (6) thereof to readas follows:

(6) Notwithstanding any other pro-visions of this paragraph (e), the quotafor any local slaughterer, butcher, orfarm slaughterer may be reduced by theDirector during as many successive peri-ods as may be necessary to make theamounts of such reductions equal (i)the amounts by which the Office of PriceAdministration has determined or theDirector determines that his deliveriesduring the period between October 1,1942, and March 31, 1943, have exceededthe amounts permitted under Meat Re-striction Order No. 1, as amended, or (ii)the amounts by which the -Director de-termines that hfs slaughter during anyperiod has excedded the amounts per-

- ,mitted under this order.6. By adding at the end of (e) thereof

the following:(11) The Director ;may adjust the

quota or quota base of any person sub-ject to this order if he determines thatsuch quota or quota base has been er-roneously issued or granted, or is basedupon false or erroneous information.

7. By deleting the last sentence of (k),,and inserting in lien thereof the follow-ing:

* * * A permit issued to any per-son under this order may be revoked bythe Director for any of the followingcauses:

('" A determination by the Directorthat slaughter under such permit hasbeen conducted in the absence of mini-mum sanitary facilities, or adequatefacilities for the conservation and pres-ervation of all edible or principal ined-ible by-product-;

(2) A determination by the Directorthat such permit has been erroneouslyissued or granted, or is based on falseor erroneous information;

(3) The revocation of such person'sslaughtering permit or license by a State

- or p-litical subdivison thereof, for viola-tion of any health or sanitary law,ordinance, or regulation of such Stateor political subdivision;

(4) The revocation of such -person'slicense by the Office of Price Administra-tion for violation of price or rationingregulations.

This order shall become effective at12:01 a. in., e. w. t., June 30, 1943.

-E.6. 9280, 7 F.R. 10179; E.O. 9322, 8 P.R.3807;.E.O. 933 4,8 F.R. 5423) '

Issued this 25th day of June 1943.CasRa C. DAvis,

War Food Administrator,[F. R. Doc. 43-10265; Filed, June 26, 1943,

11:49 a. =.]

JFDO 27-81

PART 1410--LrrvsToc AxD MEATS

LIVESTOCK; SLAUGHTER PERIZTS

Pursuant to the authority vested inme by Food Distribution Order 27 (8F. R. 2785), issued and amended pur-suant to Executive Order No., 9280, datedDecember 5, 1942, and Executive OrderNo. 9322, dated March 26, 1943, asamended by Executive Order No. 9334,dated April 19, 1943, and .to effectuatethe purposes of such orders: It is hterebyordered, As follows:'

§ 1410.11 Submission o1 evidence of1941 or 1942 slaughter; applications forpermits to custom slaughter. (a) Everylocal slaughterer and butcher who holdsa permit to slaughter under Food Dis-tribution Order 27, as amended, shallsubmit to the County War Meat Commit-tee of the County War Board for thecounty in which such permit wasissued evidence substantiating theamount of his 1941 slaughter upon whichhis quota is based, or if he did notslaughter during the cprresponding pe-riod of 1941, he shall submit evidence ofhis 1942 slaughter upoh which his quotaIs based. Such evidene" shall form the*basis for any necessary ,adjustments inquotas or quota bases. Evidence whichwill be considered in making such ad-justments may consist of:

(1) His books and records, copiesthereof, or statements taken therefrom,or

(2) Invoices, statements, books or rec-ords, or copies thereof or statements tak-en therefrom, of persons to whom hehas'sold hides; or

(3) Books and records, copies thereof,or statements taken therefrom, of per-sons, Including auction markets, fromwhom he has purchased livestock; or

(4) Grading certificates, inspectionrecords,,or copies thereof or statementstaken therefrom, oi

(5) Any other Information which ispertinent, or which the Director mayrequire with respect to the amount ofslaughter during the period upon whichthe quota is based, If he determines thatthe evidence submitted under (a) (1),(2), (3), or (4) is Insufficient to showthe amount of such slaughter. (Thisreporting requirement has been ap-proved by the Bureau of the Budget in

oaccordance with the Federal Reports Actof' 1942.) The permit of any localslaughterer or butcher who falls to fur-nish such evidence on or before July 15,1943, may be revoked by the Director.

(b) Persons who are required, underthe provisions of (b) (3) of Food Distri-bution Order 27, as amended, to securepermits to custom slaughter livestockmay submit applications for such per-mits to the County War Meat Commit-tee of the County War Board for thecounty in which such person is located.(c) This order shall become effective

at 12:01 a. m., e. w. t., June 30, 1943. '

FEDERAL REGISTER, Tuesday, June 29, 1913(E.O. 9280, 7 FR. 10179; E.O. 9322; 8F.R. 3807; E.O. 9334, 8 P.R. 5423; FDO27, 8 F.R. 2785, 4227, 5700, 7739)

Issued this 25th day of June 1943.RoY F. HENDICSON,

Director of Food Distribution.IP. R. Doc. 43-10266; Filed, June 26, 1943;

11:49 a. m.]

[FDO 44, Arndt. 1]PART 1465-Fisa AND SEmmFIsHCOXSERVATION AND DISTRIBUTION

Food Distribution Order No. 44 (8 F.R.4227), § 1465.20, issued, under the au-thority of the Secretary of Agricultureon April 1, 1943, is amended by deletingthe provisions of § 1465.20 thereof andinserting, in lieu thereof, the following:

§ 1465.20 Allocation and restrictionon sales of 1943 Pack of canned fisk. andcanned shellfsh-(a) Definitions. Whenused in this order, unless otherwise dis-tinctly expressed or manifestly incom-patible with the intent thereof:

(1) The term "canner" means anyperson who is the first owner of cannedfish or canned shellfish.. (2) The terms -"canned fish" and!'canned shellfish"mean fish and shell-fish, respectively, which have beenpacked in the Continental United States.or in the Territory of Alaska for com-mnercial purposes in hermetically sealedmetal or glass containers and sterilizedin the containers by the use of heat.

(3) The term "person" means any in-dividual, partnership, association, busi-ness trust, corporation, or any organizedgroup of persons, whether incorporatedor not.

.(4) The term "pack" means the totalamount, by net weight, of all grades offish and shellfish enumerated in groups1 to 6, inclusive, -in (b) (1) hereof,packed by any canner during the periodfrom April 1, 1943, to February 29, 1944,inclusive, and the total amount, by netweight, of all grades of fish enumeratedin groups 7 to 10, inclusive, in (b) (1)hereof, packed by any canner during theperiod from April 1, 1943, to June 27,1943, inclusive.

(5) The term 'Director" means theDirector of Food Distribution, War FoodAdministration, or any employee of theUnited States Department of Agriculturedesignated by such Director.

(6) The term "governmental agency"means the Food Distribution Adminis-tration or any other agency or instru-mentality of the United States desig-nated by the Director.

(7) The term "delivery to govern-mental agencies" means the transfer oftitle of the canned fish or canned shell-fish to any governmental agency; andsuch delivery may be evidenced by exe-cution of bill of lading, receipt, or otherdocument acceptable to the Director orthe designated governmental agency.

(b) Restrictions on canners. (1) Nocanner, after the effective date of this

order, may sell or deliver any part ofhis pack as defined in (a) (4) hereof ofthe fish or shellfish enumerated In thisparagraph, except as permitted by theprovisions of this order. The fish andshellfish included in this order are, bygroups, as follows:

Group 1: Salmon. Red, cockeye or blue-back (Oncorhynchus nerclk); Pink (Oncor-hynchus gorbuscha); Sliver, cdlvUrlde. me-dium red. or coho (Oncorhynchus ldsutch);Chum or keta (Oncorhynchuo keta); Xing.chinook or spring (Oncorhynchus tcchawy-tscha); Steelhead. or steclbead trout (SalmoIrldeus and S. Clarkl, Eometlm3 called S.GaIrdnerl).

Gaoup 2. Pilchard. (Sardinia cacrulea),by whatever name "known, including car-dines.

Gnou' 3. Sca herring. Atlantic (Clupeaharengu&), by whatcvcr name mown, In-cluding Eardincs.

Gaoup 4. Atlantic maclcrel. (Scomberscombrus.)

GaouP 5. Pacific macl:crel. (Pneumator-phorus japonicus diego); Pacific homemackerel: (Trachurus symmetrious).

GnaoP 6. Shrimp. (Peneus cetiferua andPeneus braslilensla.)

Gnoup 1. Whitc-mcat tuna. Albacore, orlong-finned (Germo alalunga).

Gnaou 8. 1 ght-mcat tuna. Yellowfin(Neothunnus macropterus): Skipjack, orstriped (Kat.uwonus pelamis, somctlmescalled Euthynnus pelamis); Bluefin, orleaping (Thunnus thynnus, cometlm=3called Thunnus sallens).

Gnou 9. Ycllowtall. (Serlola dorcall;.)Gnou 10. Bonito. (Sards chillen-ar.)

(2) Any canner may deliver to suchgovernmental agencies as the Directormay designate, the quotas, but not inexcess of such quotas, specified in (b)(3) hereof, of the canned fish or cannedshellfish listed in groups 1 to 6, inclu-sive, in (b) (1) hereof, packed at anytime by such canner during the periodfrom April 1, 1943, to February 29, 1944,inclusive, and the quotas, but not inexcess of such quotas, specified in (b)(3) hereof, of the canned fish listed Ingroups 7 to 10, inclusive, packed at anytime by such canner during the periodfrom April 1, 1943, to June 27, 1943, in-clusive.

(3) The following percentages by netweight are hereby established as eachcanner's quota percentages for sale togovernmental agencies, of his pack offish or shellfish enumerated in (b) (1)hereof packed by such canner:

Not less than 54 percent and not morethan 56 percent of each. of the Lpeclcs ofgroup 1 packed at any time from April 1,1943, to February 29, 194. inclurivo: not lzathan 54 percent and not more than &0 per-ceut of each of the groups of fish or shell-fish listed in groups 2 to 0, inclusive. pacl:xdat any time from April 1, 1943, to February29, 19-14, Inclusive; and not le3 than E9 par-cent and not more than 61 percent of eachof the groups of fish listed in oroulp 7 to10, inclusive. packed at any time from April1, 1943, to June 27, 1943, inclusive.

(4) Notwithstanding any provision ofFood Distribution Regulation No. 2 orof any other regulation or order to thecontrary, the Food Distribution Admin-istration is hereby allocated the quan-tities prescribed in (b) (3) of this order,

and authorized to purchase, for govern-mental agencies those quantities, des-ignated as earh canners quota, and suchother and further quantities a may beallocated to it from time to time.

(5)'Any canner, who, during any periodbeginning with April 1, 1943, and endingnot later than February 29, 1944, in-clusive, has delivered to governmentalagencies the quota of his pack, stated in(b) (3) hereof, may deliver to personsother than governmental agencies the re-mainder of his pack, packed in thatperiod; and such remainder of the packmay be delivered by such canner in ad-vance of delivery of his quota to govern-mental agencies, If so authorized by theDirector.

(6) The Director may issue specifica-tions at any time as to the packing of thecanned fish or canned shellfish, the con-tainers, container treatment,'can mark-ing, labeling, boxing, and strapping inconnection therewith, or he may author-ize any governmental agency to issuesuch specifications. Any person subjectto the provisions of this order shall com-ply with any such specification, issued bythe Director or authorized governmentalagency, applicable to the canned fish orcanned shellfish processed by suchperson.

(c) Inspection and grading. Anycanned fish or canned shellfish requiredto be set aside under this order shall besubject to inspection and grading at anytime by the Director or any governmentalagency designated by him.

(d) Records and reports. The Direc-tor shall be entitled to obtain such in-formation from, and require such re-ports and the keeping of such recordsby, any person, as may be necessary orappropriate, in his discretion, to the en-forcement or administration of the pro-visions of this order, subject to the ap-proval of the Bureau of the Budget pur-suant to the Federal Reports Act of 1942.

(e) Audits and inspzctions. The Di-rector shall be entitled to make suchaudit or inspection of the books, records,and other writings, premises or stocks ofcanned fish or canned shellfish of anyperson, and to make such investigations,as may be necessary or appropriate, inhis discretion, to the enforcement or ad-ministration of the provisions of thisorder.

(f) Applicability of order. Any per-son doing business in one or more of the48 States, the District of Columbia, orthe Territory of Alaska, is subject to theprovisions hereof, but the provisionshereof shall not apply to any persondoing business in any other Territory orPossession of the United States withrespect to such business.

(g) Violations. The War Food Ad-ministxator may, by suspension order,prohibit any person rho violates anyprovision of this order from receiving,making any deliveries of, or using cannedfish or canned shellfish, or any othermaterial subject to priority or aloca-tion control by the War Food Admin-istrator and may recommend that any

8797


such person be prohibited from receiv-ing, making any deliveries of, or usingmaterials subject to the priority or allo-cation control of other governmentagencies. In addition, any person whowilfully violates any provision of thisorder is guilty of a crime and may beprosecuted under any and all applicablelaws. Further, civil action may be in-stituted to enforce any liability or dutycreated by, or to enjoin any violation of,any provision of this order.

(h) Petition for relief from hardship.Any person affected b this order who'considers that compliance herewithwould work an exceptional and unrea-sonable hardship on him may apply inwriting for relief to the Director, settingforth in such petition all pertinent factsand the nature of the relief sought. TheDirector may thereupon take such ac-tion as he deems appropriate, whichaction shall be final.

(I) Communications. All reports re-quired to be filed hereunder and all com-munications concerning this order shall,unless instructions to the contrary areissued by the Director, be addressed tothe Director of Food -Distribution,United States Department of Agricul-ture, Washington, D. C. Ref. FD-44.

(J) Previous requirements continuedin effect. With respect to violations ofFood Distribution Order No. 44, rightsaccrued, or liabilities incurred prior tothe effective time of this amendment,said Food Distribution Order No. 44 shallbe deemed to be in full force and effectfor the purpose of sustaining any propersuit,. action, or other proceeding withrespect to any such violation, right, orliability.

(k) Effective date. This order shallbecome effective at 12:01 a. m., e. w. t.,June 28, 1943.(E.O. 9280, 7 F.R. 10179; E.O. 9322, 8P.R. 3807; E.O. 9334, 8 F.R. 5423)

Issued this 25th day of June 1943.CHESTER C. DAVIS,

War Food Administrator.

IF. R. Dc. 43-10268; Piled. June 26, 1943;11:49 a. m.]

TITLE 10-ARMY: WAR DEPARTMENTChapter VII-Personnel

PART 70--PRSCRIBED SERVICE UNIFORM

OVERCOATS

In § 79.2 subdivision (vi) under para-graph (a) (1), is added as follows:

§ 79.2 Adopted standard of cloths.The standards of cloths are as follows:

(a) For officers, warrant officers,flight officers, and contract surgeons-(1) For winter uniforms. * * *

(vi) Overcoat, field, long-(a) Fabric.Cotton cloth, wind resistant and waterrepellent poplin or twill, 5-ounce.

(b) Colo. Olive-drab shade No. 2.(R.S. 1296; 10 U.S.C. 1391) [Par. 2, AR600-35, 10 November 1941 as amended byC 21, 3 June 1943]

In § 79.9 subparagraph (2) under par-agraph (c) is redesignated subparagraph(3) and a new subparagraph (2) is addedas follows:

§ 79.9 Coat. * * *(C) Overcoat. *(2) Field, long. For officers, warrant

officers, flight officers, and contract sur-geons.

(i) Material. Of adopted standard(179.2 (a) (vi)).

(ii) In general. A utility coat, twoply throughout, with a buttoned-in re-movable wool lining and detachablehood; double-breasted with convertiblestyle roll collar and notch lapelbuttoneddown the front with a, double row of 30-ligne buttons, five on each side, with the.top buttons approximately 10 inchesapart and lower buttons approximately7 inches apart, a diagonal buttonholeplaced in lower corner of each front tobutton to side seams to facilitate march-ing. A yoke for right shoulder but-toned in front with a 30-ligne button,and a triangular throat piece providedwith two buttonholes for 30-ligne but-tons. Back to be plain with set-incantle piece closed with a small loopand 30-ligne button. A detchable beltsame material as coat with 24 inchtongueless bar buckle and belt keeperheld in place by two side loops and astrap keeper and belt strap. Adjustabletabs to button at cuff of sleeves.

(ill) Pockets. Two diagonal hangingpockets, but hand opening in lining, andfinished with pointed flaps buttoning tothe rear.

(iv) Shoulder loops. On ea6h shouldera loop about 5 inches in length, 2-inches in width at the lower end, and 1/2inches in width at the upper end, whichis slightly pointed, same material as thecoat, let in at the sleeve head seam, but-toning at the upper end with a 30-lignebutton.

(v) Nood. Detachable, two ply, ofsame material as overcoat, with fourbuttonholes for securing to overcoat andclosed at throat with three 30-ligne but-tons and at the face by a draw-cord in-serted in a tunnel.

(vi) Liners. Made from an olive-drabWool fabric with inside yoke extendingdown 3 inches beiow armhole, and fac-ing of olive-drab rayon fabric, 16 button-holes for buttoning into overcoat body.Four buttons are positioned on rightfront for using as a separate garment.Two large patch pockets lined withsilesia with diagonal slash above eachpocket in line with openings throughcoat.

(3) Short; for officers and warrantofficers. * * *

(RZS. 1296; 10 U.S.C. 1391) [Par. 9, AR600-35, 10 November 1941, as amendedby C 21, 3 June 1943]

[srAL] H. B. Lmvws,Brigadier General,

Acting The Adjutant General.

LF. R. Dce. 43-10253, Filed, Juno 26, 1946;9:21 a. n.]

TITLE 14-CIVIL AVIATION

Chapter II-Administrator of Civil Aero.nautics, Department of Commerce

[Arndt. 39 of Parb 6011

PART 601-DEsIGNATION OF AIRWAY Tans-,FIC, CONTROL AREAS, CONTROL ZONES OrINTERSECTION, CONTROL AnarPorS ANDRADIO FXE

DESIGNATION OF KELLOC9 FIELD, BATTL13CREEK, MUCH. AS A CONTROL AIRPORT

JUNE 21, 1943.Acting pursuant to the authority

vested in me by section 308 of the CivilAeronautics Act of 1938, as amended,and § 60.21 of the Civil Air Regulations,I hereby amend Part 601 of the regula-tions of the Administrator of Civil Aero-nautics as follows:

By amending § 601.3 so as to Include inthe proper alphabetical order the desig-nation of the following airport as a con-trol airport:City: Name o/ airport

Battle Creek, Mich -------- lellogg Field.This amendment shall become effective

0001 e. w. t., June 30, 1943.C. I. STANTON,Administrator.

IF. R. Doc. 43-1033dl*Filed, Juno 20, 1043;

TITLE 24-HOUSING CREDIT

Chapter VI-Federal Public HousingAuthority

AFFIDAVITS OF CHATTEL MoaTAGE ANDOTHER CERTIFICATES AND DOCUMENTS

DELEGATION OF AUTHORITY

JuNg 21, 1043.Delegation of authority to execute

affidavits of chattel mortgage and othercertificates and documents in connec-tion with evidences of indebtedness ofMetropolitan Housing Authorities.

Carleton F. Sharpe and Hugo C.Schwartz, as agents of the Federal PublicHousing Authority, are severally author-ized:,

1. To exedute Affidavits of ChattelMortgage and any other certificates,affidavlts'or documents necessary or de-sirable in connection with recording anyevidences of indebtedness issued by

8798


metropolitan housing authorities createdunder the laws of the State of Ohio andheld by the Federal Public HousingAuthority.

2. To acknowledge payment of Ad-vance Loan Notes secured by mortgages,issued by metropolitan housing author-

-ities created under the laws of the Stateof Ohio and held by the Federal PublicHousing Authority; to enter satisfactiontherefor on such advance Loan Notes. oron the public record thereof, provided

-payment thereof had been made or theindebtedness otherwise discharged in ac-cordance with the provisions of out-standing contracts or commitments; andto execute any other certificates, affi-davits or documents necessary or desir-able in connection with the cancellationof such Advance Loan Notes.

JSEAL] HEOBERT ELnIERIH,Commissioner.

[P. R. Doc. 43-10237; Filed, June 25, 1943;9:51 a. m.]

TITLE 26-INTERNAL REVENUE

Chapter I-Bureau of Internal RevenuePubehapter A-Inckme and Excess-Profits Taxes

IT. D. 52761PART 19--INco= TAX UNDEa THE Ix-

TERNAL REVznUE CODE

CHARGES TO CAPITAL AD TO EXPENSE IN THECASE OF OIL AND GAS NWELLS

Section 19.23 (m)-16 of Regulations103 [Part 19, Title 26, Code of FederalRegulations, 1940 Sup.] is amended asfollows:

PARAGRAPH 1. By striking out the sec-tion number, the heading and openingwords of the section, which reads, "§ 19.23(m)-16 Charges to capital and to ex-pense in the case of oil and gas wells.(a) Items chargeable to capital or to ex-pense at the taxpayer's option:", and byinserting in lieu thereof the following:

§ 19.23 (m)-16 Charges to capital andto expense in the case of oil and gaswells--(a) Taxable years beginning priorto January 1, 1943. The provisions ofthis paragraph apply only to taxableyears beginning prior to January 1, 1943.

(1) Items chargeable to capital or toexpense at taxpayer's option:

PaP. 2. By striking out (b), (c), and(d) wherever occurring, and by insert-ing in lieu thereof (2), (3),. and (4), re-spectively.PAR. 3. By striking out (1), (2), and

(3) wherever occurring, and by insertingin lieu thereof (i), (ii), and (ii), re-spectively.PAR. 4. By striking out "This section"

in the first sentence of paragraph (d),prior to its amendment by this Treasurydecision, and by inserting in lieu thereof",Paragraph (a) of this section".PAR. 5. By striking out "this section"

in the first sentence of paragraph () (2),

prior to its amendment by this Treas-ury decision, and by inserting in lieuthereof "paragraph (a) of this section'.

PAR. 6. By inserting at the end of thesection the following:

(b) Taxable years beginning afterDecember 31, 1942. The provisions ofthis paragraph apply only to taxableyears beginning after December 31, 1942.

(1) Items chargeable to capital or toexpense at taxpayer's option:

(I) Option with respect to intangibledrilling and development costs incurredby an operator (one who holds a work-ing or operating interest in any tractor parcel of land either'as a fee owneror under a lease or any other form ofcontract granting working or operatingrights) in the development of oil andgas properties: All expenditures madeby an operator for wages, fuel, repairs,hauling, supplies, etc., incident to andnecessary for the drilling of wells andthe preparation of wells for the produc-tion of oil or gas, may, at the optionof the operator, be deducted from grossincome as an expense or charged to cap-ital account. Such expenditures havefor convenience been termed intangibledrilling and development costs. TheyInclude the cost to operators of anydrilling or development work (exclud-ig amounts payable only out of pro-duction or the gross proceeds from pro-duction, and amounts properly allocableto cost of depreciable property) donefor them by contractors under any formof contract, including turnkey contracts.Examples of items to which this optionapplies are, all amounts paid for labor,fuel, repairs, hauling, and supplies, orany of them, which are used (a) in thedrilling, shooting, and cleaning of wells;(b) in such clearing of ground, drain-ing, road making, surveying, and geo-logical work as are necessary in prep-aration for the drilling of wells; and (c)in the construction of such derricks,tanks, pipe lines, and other physicalstructures as are necessary for the drill-ing of wells and the preparation of wellsfor the production of oil or gas. In gen-eral, this option applies only to expendi-tures for those drilling and developingitems which in themselves do not havea salvage value. For the purpose of thisoption labor, fuel, repairs, hauling, sup-plies, etc., are not considered as havinga salvage value, even though used inconnection with the installation of pbys-ical property which has a salvage value.Included in this option are all costs ofdrilling and development undertaken(directly or through a contract) by anoperator of an oil and gas propertywhether incurred by him prior or sub-sequent to the formal grant or asAgn-ment to him of operating rights (a lease-hold interest, or other form of operat-ing rights, or working interest); exceptthat in any case where any drilling ordevelopment project is undertaken for

the grant or assignment of a fraction ofthe operating rights, only that part ofthe costs thereof which is attributableto such fractional interest is withinthis option. In the excepted cases, costsof the project undertaken, including de-preclable equipment furnished, to theextent allocable to fractions of the op-erating rights held by others, must becapitalized as the depletable capital costof the fractional interest thus acquired.

(II) If deductions for depreciation ordepletion have either on the books ofthe taxpayer or in his returns of net in-come been included in the past in ex-pense or other accounts, rather thanspecifically as depreciation or depletion,or if capital expenditures have beeincharged to expense n lieu of deprecia-tion or depletion, a statement indicatingthe extent to which this practice hasbeen carried should accompany the re-turn.

(2) Recovery of optional items, ifcapitalized:

(I) Items returnable through deple-tion: If the taxpayer charges such ex-penditures as fall within the option-tocapital account, the amounts so capital-ized and not deducted as a loss are re-turnable through depletion in so far asthey are not represented by physicalproperty. For the purposes of this sec-tion the expenditures for clearingground, draining, road making, survey-ing, geological work, excavation, grad-Ing, and the drilling, shooting, and.cleaning of wells, are considered not tobe represented by physical property, andwhen charged to capital account are re-turnable through depletion.

(it) Items returnable through depre-ciation: If the taxpayer charges suchexpenditures as fall within the- optionto capital account, the amounts so capi-talized and not deducted as a loss arereturnable through depreciation in sofar as they are represented by physicalproperty. Such expenditures areamounts paid for wages, fuel, repairs,hauling, supplies, etc, used in the in-stallation of casing and equipment andIn the construction on the property ofderricks and other physical structures.

(ii) In the case of capitalized intangi-ble drilling and development costs in-curred under a contract, such costs shallbe allocated between the foregoingclasses of items for the purpose of de-termIning the depletion and deprecia-tion allowances.

(iv) Option with respect to cost ofnonproductive wells: If the operator haselected to capitalize intangible drillingand development costs, then an addi-tional option is accorded with respect tointangible drilling'and development costsincurred in drilling a nonproductivewell. Such costts incurred in drilling anonproductive well may be deducted bythe taxpayer as an ordinary loss pro-vided a proper election is made in thereturn for the first taxable year begin-

8799


ning after, December 31, 1942, in whichsuch a nonproductive well is completed.Such election with respect to intangibledrilling and development costs of non-,productive wellsis a new election, and,when made, shall be binding for all sub-sequent years. Any taxpayer who in-curs optional drilling and developmentcosts in drilling a nonproductive wellmust make a clear statement of electionunder this option in the return for thefirst taxable year beginning after De-cember 31, 1942, in which such nonpro-ductive well is completed. The absenceof a clear indication in such return of anelection to deduct as ordinary losses in-tangible drilling and development costsof nonproductive wells shall be deemedto be an election to recover such coststhrough depletion to the extent that theyare 'not represented by physical prop-erty, and through depreciation to theextent that they are represented byphysical property.

"(3) Nonoptional items distinguished:(i) Capital items. The option with

respect to intangible drilling and devel-opment costs does not apply to expendtures by which the taxpayer acquirestangible property ordinarily consideredas having a salvage value. Examplesof such items are the costs of the actual.materials in those structures which areconstructed in the wells and on theproperty, and the cost of drilling tools,pipe, casing, tubing, tanks, engines, boil-ers, machines, etc. The option does notapply to any expenditures for wages, fuel,repairs, hauling, supplies, etc., In con-nebtiti~ with equipment, facilities, orstructures, not incident to or necessary -for the drilling of wells, such as struc-tures for storing or treating oil or gas.These are capital items and are return-able through depreciation.

(ii) Expense items. Expenditureswhich must be charged off as expense,regardless of the option provided byparagraph (b) of this section, are thosefor labor, fuel, repairs, hauling, supplies,etc., In connection with the operation ofthe wells and of other facilities on theproperty for the production of oil or gas.

(4) Paragraph (b) of this sectiongrants a new option with respect toIntangible drilling and development.costs incurred by an operator in a tax-able year beginning after December 31,1942 in the development of oil and gasproperties, and requires a new electionunder such option. Any operator whoIncurs such costs must make a clearstatement of election under this optionin the return for the first taxable yearbeginning after December 31, "1942, inwhich such costs are incurred. Theabsence of a clear indication in suchreturn of an election to deduct as ex-penses Intangible drilling and develop-inent costs shall be deemed to be anelection to recover such costs through,

depletion to the extent that they arenot represented by physical property,and through depreciation to the extentthat they are represented by physicalproperty. This election is binding forall subsequent years.(SecS. 23 (i) and 62 of the Internal

Revenue Code (53 Stat. 14, 32; 26 U.S.C.,1940 ed., 23 (m), 62))

[SEAL] Guy T. HLVE=n;Commissioner of Internal Revenue.

Approved: June 25, 1943.JOHN L. SULLIVAN,

Acting Secretary of the Treasury.

[F. R. Doc. 43-10260; Flled, June 26, I943;10:43 a. i.]

LtD. 52731PART 178-PRoDucTIoN, FO=EIcATION,

TAx PAYMENT, ETc,, or WmnEN= STABM

Pursuantto sections 3040 (a), 3300 (a),3301, 3f75 and 3176, Internal RevenueCode, paragraphs 206 and 209 of Regula-tions No. 7 (26 CFR. Part 178, §§ 178.-206, 178.209) are amended to read asfollows:

PAR.206 -Purchase and use. Winetax- stamps shall be purchased by winemakers

from the collector of internal revenue ofthe district in which the winery or store-roomis located. Stamps may not be pur-chased by one winemaker from another,or from rectifiers, nor may they, exceptin cases of emergency, belurchased fromcollectors of other districts. Wine taxstamps may be sold only to proprietorsof bonded wineries, bonded storerooms,and bonded field warehouses (and recti-fying plants, as provided in Regulations15), and then only for the payment oftax on wine. Proprietors of bondedwineries or bonded storerooms shall notsell or transfer wine stamps, except thatthey may (1) when the winery or store-room is discontinued transfer suchstamps to other bonded premises oper-ated by themselves, as provided in para-graph 213; or (2) return such stampsfor redemption, asprovided in paragraph212. Wine tax stamps, used or unused,may not be purchased, sold, or possessed,except as specifically provided by law orregulations. (Sees. 3040 (a), 3300 (a),3175, 3176, I. R. C.)

PAR. 209 Obliteration of stamps,marks, labels, and tags. Every personwho empties any receptacle to whichwine stamps are attached shall destroysuch stamps; and if the receptacle Is acask, barrel, keg, tank, tank truck, orrailroad tank car, he shall serape -orobliterate the marks, labels, or tagsthereon. Wine stamps shall be de-stroyed by scraping or obliterating,immediately the receptacles to which

they are attached are emptied. Marks,labels, or tags on all casks, barrels, kegs,tanks, tank truckS, or tank cars, con-

-taining wine; shall also be scraped or,obliterated Immediately upon emptying,(Secs. 3301, 3176, . R.,C.)

[SEAL] Guy T. HELVERINO,Commissioner o) Internal Revenue.

Approved: June 25, 1943.Jomq L. SULLrvAx,


[F. R. Doc. 43-10257; Filed, June 26, 1043,10:43 a.m.]

IT. D. 62751PART 188--BoTTrn Or DISTILLED SPIRITS

nr Horn

REMOVAL OF STRIP STAMPS PROHIDTED,

Pursuant to sections 2903 and 3176,Internal Revenue Code, Regulations 6(26 CFR, Part 188) is amended by add-ing-after § 188.108 a new section desig-nated § 188.108a. to read as follows:

§'188.108a Removal prohibited. Stripstamps which have been affixed to bot-tles of distilled spirits shall not be re-moved therefrom, except in the processof destruction when thebottles are open-ed; and such stamps, used or unused,may not, be putchased, sold or possessed,except as specifically provided by law orregulations.

[SEALl GUY T. HELVERmuo,Commissioner of Internal Revenue.

Approved June 25, 1943.JoHN L. SULLIvAN,


[F. R. Doc. 43-10259; Filed, Juno 26, 104310:43 a. m.]

ITD. 52741

PART 190--REcTr-csCoN oF S nIrS ANDWInES

W1NE STAM.PS

Pursuant t& sections 2801 (e), 2866,3175, 3176, 3300 (a), and 3301, InternalRevenue Code, §§ 190.310 and 190.388 ofRegulations 15 (26 CFR, Part 19Q) areamended to read as follows:

§ 190.310 Purchase and use. Suchwine stamps shall be purchased by therectifier only from the collector of thedistrict in which the rectifying plant Islocated. Stamps may not be purchasedby one rectifier from another nor fromwinemakers or any other person thanthe collector. Wine stamps may be soldto rectifiers only for the payment of taxon rectified products subject to tax undersection 3030 (a), I. R. C, Rectifiers shall

8800


not sell or transfer wine stamps, exceptthat they may (1) when the rectifyingplant is discontinued transfer suchstamps to other bonded premises oper-ated by themselves where the use ofsuch stamps is required, or (2) returnthem for redemption under the condi-tions specified in section 3304, I. R. C.Wine tax stamps, used or unused, maynot be purchased, sold, or possessed, ex-cept as specifically provided by law orregulations. (Sees. 2801 (e) and 3176;sees. 3300 (a), 3175, L R. C.)

§ 190.388 Immediate destruction re-quired. All stamps must remain on thepackage until the contents are emptiedtherefrom. When a package of distilledspirits is emptied, all stamps thereonmust be completely effaced'and obliter-ated. Every person who empties anyreceptacle to which wine stamps are at-tached shall destroy such stamps byscraping or obliterating the same imme-diately the receptacle is emptied; andif the receptacle is a cask, barrel, keg,or similar container he shall scrape orobliterate the marks -and brands there-from. The responsibility for destroyingstampg on empty packages rests uponthe person emptying the same. (Seas.2801 (e) and. 3176; secs. 2866, 3301,I.R. C.)

[SEAL] Guy T. HELVERNG,Commissioner of Internal Revenue.Approved: June 25, 1943.

Joux L. SurrevAN,Acting Secretary of the Treasury.

[F. R. Doe. 43-10258; Filed, June 26, 1943;10:43 a. m.]

TITLE 32-NATIONAL DEFENSE

Chapter VI-Selective Service System[No. 192]

LOCAL BoARD ACTION REPORT

ORDER REVISING FORM

By virtue of the provisions of the Se-lective Training and Service Act of 1940(54 Stat. 885, 50 U.S.C., Sup. 301-318, in-clusive) ; E.O. No. 8545, 5 F.R. 3779, E.O.No. 9279, 7 F.R. 10177, and the authorityvested in me by the Chairman of the WarManpower Commission in Administra-tive Order No. 26, 7 F.R. 10512, I herebyprescribe the following change in DSSforms:

R~evision of DSS Form 110, entitled "LocalBoard Action Report," effective Immediatelyupon the fling hereof with the Division ofthe Federal Register 1

The supply of DSSForm 110 on hand will be used until ex-hausted.

The foregoing revision shall become a-part of the Selective Service Regulationseffective immediately upon the fling

. Form filed as part of the original docu-ment.

No. 127----4

hereof with the Division of the FederalRegister.

LE=x. B. HxnsrE ,Directorn

Juxm 26, 1943.[F. P. Doc. 43-10310; FlIcd, Juno 28, 1943.

2:20 p. m.]

Chapter IX-War Production BoardSu5dnpter A-General Proyvd, n

PART 903-ELE mA0Tos oF Aumroaxr[Dlrective 25]

APPROVAL OF RE=T PROPOSED BY OWZU=ES OFPRIVATE WAR HOUSING

§ 903.37 Directive 25. (a) The Na-tional Housing Agency is hereby author-ized to approve the original permittedtotal monthly payments (exclusive ofpayments for use of household furni-ture), which may be accepted from orrequired of a tenant of a private warhousing project. All such payments forany one dwelling unit shall not exceed$50 per month plus $3 per room permonth for tenant services, plus a reason-able price for garage space, plus theactual cost on a prorata basis of tenantgas and electricity. The tenant servicesand garage space to be supplied, andthe charges therefor, if any, shall be setforth clearly.

(E.O. 9024, 7 P.R. 329; E.O. 9040, 7 F.R.527; E.O. 9125, 7 F.R. 2719; See. 2 (a)Pub. L. 671, 76th Cong., as amended byPub. Laws 89 and 507, 77th Cong.)

Issued this 26th day of June 1943.C. E. WUasori,

Executive Vice Chtairman.[IF. n. Doe. 43-10303; Filed, Juno 26, 1943;

11:56 a. m.]

Subchapter B-Exeetlve Vee ChairmanAumionrrr: Regulatlons In this zubehapter

Issued under P.D. Reg. 1, as amended. 0 P.R.66s0; W.P.B. Beg. 1, 7 P.R. GI: E.O. 9024, 7P.R. 329; E.O. 9Me, 7 P.R. 527; RO. 9123, 7 PR.2719; rec. 2 (a). Pvb. Lwv G71, 76th Cong. asamendcd by Pub. Larws 9 and C07. 77th Cong.

PARr 3270-Covrnrns[Limitation Order L-3071

P:.CIAGES FOR ATIM-FIEEZM

The fulfillment of requirements for thedefense of the United Statez havingcreated a shortage in the supply of cer-tain types of containers for defense, forprivate account, and for emport, thefollowing order is deemed necessary andappropriate in the public interest and topromote the national defense.

§ 3270.32. Limitation Order L-307-(a) Deftnitions. For the purposes of thisorder:

(1) "Anti-freeze" means any mixturethat is designed and intended for use,

without further processing, to depressthe freezing point of coolant water inInternal combustion engines.

(2) "Glycol anti-freeze" means anyanti-freeze which is complete and readyfor use without the addition of any fur-ther ingredients other than water, whichdoes not consist of glycols alone, butwhich Is conposed of at least fifty per-cent ethylene glycol.

(b) Restrictions on purchase, receiptand use of containers. No producer orwholesale distributor of anti-freeze shallpurchase, accept delivery of or use anynew container having a capacity of lessthan five gallobs for commercially pack-ing any anti-freeze other than glycolanti-freeze.

(C) Restrictions an manufacture, saleand delivery of containers for anti-freeze.No per= shall manufacture, sell or de-liver any new container having a capac-Ity of less than five gallons which helkows, or has reason to balieve will beuscd for commercially packing any anti-freeze other than glycol anti-freeze.

(d) Exceptions. (1) This order shallnot prevent any person from completingthe sale or delivery of any containerswhich were in transit to the user onJune 26, 1943. nor shall it prevent anyperson from accepting or using any con-tainer which was in his hands or intransit to him on said date for the pack-aging of anti-freeze other than glycolanti-freeze.

(2) This order shall not prevent anyperson from manufacturing, selling, pur-chasing, delivering, accepting deliveryof, or using any container for packingany anti-freeze to be delivered to or forthe account of the Army, Navy, MarineCorps, Maritime Commission, or WarShipping Administration of the UnitedStates.

(e) Miscellaneous provisions-(1) Ap-plicability of regulations. This orderand all transactions affected therebyare subject to all applicable provisionsof the regulations of the War ProductionBoard as amended froi time to time.

(2) Appeals. Any appeal from theprovisions of this order shall be madeby filing a letter in triplicate, referringto the particular provision appealedfrom and stating fully the grounds ofthe appeal.

(3) Communications. All reports re-quired to be filed hereunder and all com-munications concerning this order shall,unless otherwise directed, be addressedto: Containers Division, War ProductionBoard, Washington, D.C. Ref: L-307.

(4) Violations. Any person who wi-fully violates any provision of this or-der, or who, in connection with this or-der, wilfully conceals a material factor furnishes false information to any de-partment or agency of the United StatesIs guilty of a crime, and upon convictionmay be punished by fine or imprison-ment. In addition any such person maybe prohibited from making or obt in;ngfurther deliveries of, or from processing

8801


or using, material under priority con-trol and may be deprived of prioritiesassistance.

Issued this 26th day of June 1943.WAR PRODUCTION BOARD,

By J. JOSEPH WHELAN,Recording Secretary.

[F. R. Doe. 43-10303; Filed, June 26, 1943;11:56 a. in.]

PART 1010--SUSPENSION ORDERS[Suspension Order.S-3401

STANDARD STEEL PRODUCTS COIWANYBernard W. Stein, Abraham Stein,

Harold H. Stein and J. R. Stein are co-partners, doing business as StandardSteel Products Company, 12,285 Schaef-fer Road, Detroit, Michigan. They areengaged in the business of maintainingand operating'a steel warehouse at theaforesaid address. They are also finan-cially interested in Western Sales andSupply Company of Los Angeles,California.

During the first quarter of 1942Standard Steel Products Company ac-cepted delivery of 383.1 tons of steelplate, designated as Product Classifica-tion No. 3, and during the second quar-ter of 1942 it accepted delivery of 37.4net tons of steel bars, designated asProduct Classification No. 7, withouthaving a quota as requiredby Supple-mentary Order M-21-b as amended.

During July 1942, the Standard SteelProducts Company appropriated prefer-ence ratings which hail been extendedto the Western Sales & Supply Companyon purchase orders for steel productsdelivered from its warehouse stock forone or more product classifications ofsteel,.and grouped such ratings and ex-tended them to producers on FormPD-83-g to obtain delivery of. one steelproduct classification for delivery to theStandard Steel Products Companywarehouse stock in Detroit, Michigan.

During June and July 1942, the re-spondent made 24 deliveries of steel,totalling 132.3 tons, on unrated orders.

During July and August, 1942, Stand-ard Steel Products Company made de-liveries of 376 tons of steel in more thanminimum carload lots without the ap-proval of the War Production Board.

The partners above-named were fa-miliar with Conservation Order M-21-b,and the aforesaid violations thereforemust be deemed wilful. In view of theforegoing, It is hereby ordered, That:

§ 1010.340 Suspension 0 r d e r No.S-340. (a)During the term of thisorder, Bernard W. Stein, AbrahamStein. Harold H. Stein, and J. R. Stein,individually or doing business as Stand-ard Steel Products Company or other-wise, or the successors or assigns of saidindividuals or said firm, shall not acceptdeliveries of steel from any steel pro-ducer, or any other sourde,_ for sale orresale in the form received, unless here-after specifically authorized in writingby the War Production Board.(b) For the purposes of this order,"steel" as used herein shall bear the

same meaning as defined in paragraphs(b) of General Preference Orders No.M-21-b-1 and No. M-21-b-2, and shallinclude any steel purchased from idle orexcess inventories as defined in para-graph (d) of General Preference OrderNo. M-21-b-1 and paragraph (i) of Gen-eral Preference Order No. M-21-b--2, th&provisions of those paragraphs to thecontrary notwithstanding.

. (C) Nothing contained in this ordershall be deemed to relieve Bernard W.Stein, Abraham Stein, Harold H. Stein orJ. R. Stein, individually or doing businessas Standard Steel Products Company orotherwise, or the successors or assigns ofsaid individuals or said firm, from anyrestriction, prohibition or provision con-tained in any other order or regulationof the War Production Board, except inso far as the same may be inconsistentwith the provisions hereof.

(d) This order shall take effect onJuly 1 and shall expire on September 30,-1943.



[F. R. ]Doc. 43-10247; Pfled, June 25, 1943;4:55 p. in.]

PART 921-ALuzmm SCRAP[Supplementary Order M-1-d oas Amended

June 26. 19431

The fulfillment of requirements forthe defense of the United States hascreated a shortage" in the supply of alu-minum scrap for defense, for private ac-count and for export; and the followingorder is deemed necessary and appropri-ate in the public interest and to promotethe national defense:

§921.6 Supplementary OrderM--d--(a) Definitions. For the pur-poses of this order:

-(1) "Aluminum scrap" means all ma-terials or objects which are the waste orby-product of industrial fabrication, orwhich have been discaided on account ofobsolescence, failure or other reason, theprincipal ingredient of which by eitherweight or volume is'metallic aluminum;and shall include all types and gradesof aluminum residues, such as drosses,skimmings, fines, grindings, sawings. andbgffngs: Provided, That the recoverablemetallic aluminum content, as deter-mined by the fire assay, hydrogen evolu-tion or other method of comparableefficiency, constitutes 15% or more byweight of such residues.

(2) "Plant scrap" means- aluminumscrap which is generated in the courseof manufacture, and defective or re-jected material, the principal metallicingredient of which by either weight orvolume is 07uinum.

(3) "Segrgated scrap" means alumi-num scrap ,which has been segregatedand otherwise handled in such manneras to be acceptable for reprocessing intoaluminum of substantially the originalspecifications in accordance with SectionI of Schedule B hereof.

(4) "School scrap" means aluminumscrap which has been used in public orprivate vocational schools.

(5) "Person" means any individual,partnership, association, business trust,corporation, governmental corporationor agency, or any organized group ofpersons, whether incorporated or not,

(6) "Producer" means the AluminumCompany of America, the ReynoldsMetals Company, the Olin Corporation,and any other person who may be sodesignated in writing by the War Pro-duction Board.

(7) "Approved smelter" means anyperson whose name appears on Sched-ule A attached to this order, as the samemay be amended from time to time.

(8) "Dealer" means any person reg-ularly engaged in the business of buyingjand selling aluminum scrap.

(b) Restrictions on use of aluminumscrap. (1) No person, other than a pro-ducer or approved smelter, shall melt,reprocess, smelt or otherwise use alumi-num scrap unless specifically author-ized in writing so to do by the War Pro-duction Board on application made byletter to the Aluminum and MagnesiumDivision, Reference: M-1-d: ProvUided,however, That a foundry may remelt itsgates, sprues and risers If in so doing Itdoes not debase or '-contaminate thematerial, and if, in appllying for permis-sion to acquire aluminum, it reduces therequirements on its Suppliers by anamount equal to the anticipated recover-able metal. A foundry may also accepta new casting of Its own production,which Is found to be defective or wasspoiled in machining, and recast and re-ship it to replace the original casting,

(2) The War Production Board mayissue directives to smelters, producersand others who maybe permitted to meltaluminum scrap, Which directives maydirect the exact alloy or alloys whichmust be produced therewith and theamount of such alloy or alloys, and mayprohibit the produqtipn of certain alloys.The War Productiodn Board may also Is-sue directives presdilbIng the amount ofsecondary Ingot all fabricators (eitherindependent or Integrated) may be re-quired to blend with primary ingot inthe production of fabricated shapes, andit may, by directives, designate certainsmelters who shall be the only smelterspermitted to receive and melt scrap ofcertain alloys or the smelters who shallproduce certain alloys, Directives withrespect to all matters prescribed in thisparagraph (b) (2) may contain direc-tions as to the production schedule of theperson to whom they are Issued.

(c) Segregation of aluminum scrap.(1) Any person who generates 500pounds or more of plant scrap In a plantin any month shall carry out thereafterin any such plant the Aluminum ScrapSegregation Program set forth in Sched-ule B attached to this order and madea part hereof, unless otherwise directedIn writing by the War Production Board.

(2) Any person receiving altiminumscrap shall keep such scrap segregated,prior to Its use in the manner permittedby paragraph (b) hereof, to the pam

8802


extent as when received by him; and ifhe redelivers such scrap, he shall do sosegregated to the same extent as, whenit was received by him.

(d) Contamination. No person shallcontaminate aluminum scrap with anyother metal or material, except that aproducer or approved smelter may mixaluminum scrap with other metals in the

* production of aluminum alloys.(e) Sale and delivery of aluminum

scrap. Except as otherwise specificallyauthorized in writing by the War Pro-duction Board, all persons generating orholding aluminum scrap shall deliver allsuch scrap at intervals not to exceed 60days in accordance with the followingprovisions:

(1) 17S, 24S and 52S plant scrapsolids. Unless the War ProductionBoard has issued a directive in writ-ing to the contrary pursuant to para-graph (e) (8) hereof, segregatEd plantscrap consisting of 17S, 24S or 52Saluminum alloy (including Alclad andPureclad) in solid form shall be shippeddirectly to any producer: Provided, how-ever, That where the amount of suchscrap generated from any one of suchalloy specifications does not amount to20,000 pounds in any month, the scrapof such alloy may also be shipped di-rectly to any approved smelter or dealer.

(2) Other plant scrap. Except asprovided in paragraph (b) (1) hereof, allother plant scrap shall be sold to anyproducer, approved smelter or dealer un-less the War Production Board has issueda directive in writing to the contrarypursuant to paragraph (e) (8) hereof.

(3) School scrap. School scrap shallbe sold to any dealer or approved smelterand shall be designated as "school scrap"when sold.

(4) Wrecked aircraft scrap. Alumi-num scrap (not including engines orengine parts) recovered from aircraftwreckage, shall be delivered only to adealer unless it has been prepared byremoving non-aluminum parts to theextent practicable and cutting or shear-ing the scrap into pieces not exceeding24" x 24" x 60". Aluminum scrap re-covered from aircraft wreckage (not in-eluding engines or engine parts) whichhas been prepared by removing non-aluminum parts to the extent practicableand cutting or shearing the scrap into

zpieces not exceeding 24" x 24" x 60",and aluminum scrap from wrecked air-craft engines and engine parts, shall bedelivered to any dealer or approvedsmelter.

(5) Ship repair 'scrap. Aluminumscrap recovered from repairs to struc-tural parts of ships, shall be deliveredonly to a dealer unless it has been pre-pared by removing non-aluminum partsto the extent practicable and cutting orshearing the scrap into pieces not ex-ceeding 24" x 24" x 60". Aluminumscrap recovered from repairs to struc-tural parts of ships which has been pre-pared by removing non-aluminum partsto the extent practicable and cutting or

shearing the scrap into pleces not ex-ceeding 24" x 24" x 60". shall be dei v-ered to any dealer or approved smelter.

(6) All other scrap. Any person(other than a dealer, approved smelteror producer) who owns or originates anyaluminum scrap (excluding plant scrap,school scrap, wrecked aircraft scrap orship repair scrap) shall deliver suchscrap to any dealer or approved smelterand shall not dispose of such scrap inany other way. See paragraph (b) (1)hereof for provisions prohibiting the useof aluminum scrap.

(7) Dealer's operations. Unless theWar Production Board has issued a

- directive in writing to the contrarypursuant to paragraph (e) (8) hereof,all' dealers must deliver any alumi-num scrap (whether or not deemedto be usable in its "as is" form) to anyproducer or approved smelter: Provided,however, That any dealer may sell anyscrap to another dealer if, in the regularcourse of business, he does not currentlycollect sufficient aluminum scrap to makeit practicable for him to sell directly toa producer or approved smelter.

(8) Directives. The War ProductionBoard may issue directives in writing toa particular person or to a class of per-sons directing him or them to deliveraluminum scrap of certain alloys toanother specific person or to a class ofpersons.

No=: Paragmphs (7) and (8) rcdciJgnntedJune 26, 1943.

(f) Certifwtfon upon sale of segre-gated scrap. The generator of segre-gated'scrap shall furnish the person towhom he makes delivery thereof with asigned document, in the form of FormPD-706 or in substantially similar form,showing (I) the alloy number or specifi-cation, (ii) form of scrap, (ll) weight(on a clean and dry basis, moisture con-tent estimated, If necessary) and (iv)the name and address of the plant wheregenerated. This document shall bear anotation as to the date of delivery andnames and addresses of the parties tothe transaction, and, in case of rede-livery of such scrap, shall be endorsedand delivered to the person receivingsuch scrap. Any person delivering seg-regated scrap shall clearly mark it show-ing the alloy number qr specification,form and source. No aluminum scrapother than segregated scrap shall bedesignated as segregated scrap by anyperson.

(g) Tolling prohibited. No aluminumscrap may be delivered or received pur-suant to a toll, repurchase or similararrangement, unless such transactionis specifically 'authorized in writing bythe War Production Board.

(h) No acquisition or'delveri in rio-lation of order. No person shall here-after acquire or deliver aluminum scrapor products made therefrom if he hasreason to believe such material has beenor is to be used in violation of the termsof this or of any other order of the WarProduction Board: Provided, however,That any producer or approved smeltermay acquire aluminum scrap for any

use permitted by this order at any time,Irrespective of the right under this orderof the person disposing of the same tohave acquired or to deliver such scrap.

(i) Records. Each peron who par-ticipate3 in any transaction involvingaluminum scrap shall keep and preservefor at least two years complete and ac-curate records as to all such transactionswhich records shall be subject to inspec-tion by the War Production Board.

(J) Reports. (1) Any person-gener-ating 10,000 pounds or more of plantscrap in a plant in any month shallthereafter file reports monthly on FormWPB-317 with the Aluminum and Mag-nesium Division covering any such plant.Any person generating in any other plantmore than 1,000 pounds of plant scrap inany month in a calendar quarter, shallfile with the Aluminum and MagnesiumDivision a report on Form WPB--2499,covering such plant during such quarter.which report shall be filed not later than20 days after the end of such calendarquarter. Producers or smelters are notrequired to file the above reports.

(2) Any person, including smeltersand producers, melting or smeltingaluminum scrap in any month shall file areport on Form PD-272 with the Alumi-num and Magnesium Division coveringeach such month. Such report shall befiled on or before the 15th day of themonth following the month covered bythe report.

(3) All dealers handling aluminumscrap shall file Form PD-249 with theBureau of Mines., College Park, Mary-land, by the 10th of each month, or suchother reports as the War ProductionBoard may require.

(4) For the purpose of this paragraphMi), foundries shall not consider as alu-minum scrap any gates, sprues or riserswhich will be reused in their own plantor any defective castings or spoiled cast-ings returned to the foundry for recast-ing and reshipment tc replace the orig-inal casting in accordance with para-graph (b) (1).

(k) Addressing of communications.All applications, statenents, reports orother communications filed pursuant tothis order or concerning the subjectmatter hereof, should be addressed to:War Production Board, Aluminum andMagnesium Division, Washington, D. C.,Ref: M-l-d.

U) Violations. Any person who wil-fully violates any provision of this order,or who, in connection with this order,wilfully conceals a material fact or fur-nishe3 false information to any depart-ment or agency of the United States, isguilty of a crime, and, upon convictionmay be punished by fine or imprison-ment. In addition, any such person maybe prohibited from making or obtainingfurther deliveries of, or from processingor using, material under priority controland may be deprived of prioritiesassistance.

Issued this 26th day of June 1943.WAR PRoDUCTIoa1 Boan,

By J. JoH WRsr;,Recording Secretary.

8803

FEDERAL'REGISTER, Tuesday, June-29, 1943

SCHiEDuLE A.APPROVED ALUMINU SMELTERS

NoTE: "National Bronze and Alumirium Fouhdry, Cleveland, Ohio" removed from ScheduleA June 26,1943.

State Smelter Address

California ............... Federated Metals Division (American Los Angeles, Calli.Smelting and Refining Co.).

Federated Metals Division (American San Francisco, Calmf.Smelting and Refining Co.).

Berg Metal Co --------------. ------- 2652 Long Beach Ave, Los Angeles, Calir.Morris P. Kirk and Sons, Inc ---------- 2717 South Indiana St., Los Angeles, Calif.

Illinois ...... z ...... Apex Smelting Co ----------------------- 2537 West Taylor St.; Chicago, IlL.Aurora Refining Co ----------------- ___. Post Office Box 53, Aura, Ill.Win. F. 1obbins, Inc ...-------------___. Aurora, Ill.R. Lavin and Sons, Inc___......--------- 3426 South Kedte Ave., Chicago, IL

Indiana ................. Federated Metals Division (American Whiting, Ind.Smelting and Refining Co.).

U. S. Reduction Co ---------------------- East Chicago Ind.Kansas ....... Sonken-Ca amba Co --------------------- Riverview at 2d St., Kansas City, Xans.Michigan.....a ........ Federated Metals Division (American Detroit. Mich.

Smelting and Refining Co.).Bohn Aluminum and Bra.sCorporation.. Detroit, Mich.

Missouri ................ Federated Metals Division (American St. Louis, Mo.Smelting and Refining Co.).

New.Tersey . ........ Federated Metals Division (American Barber, N..Smelting and Refining Co.).

New York..--.......... Alloys and Products, Inc..-------------- Oak Point Avo. and Barry Bronx, N. Y.Samuel Greenfield Co., Inc -------------- 31 Stone St., Buffalo, N. -.Niagara Falls Smelting & Refining Co .... 2204 Elmwood Ave. Buffalo N. Y.

Ohio .................. Aluminum Smelting and Refining Co__. 5463 Dunham Rd., Maple Hleights, Ohio.Aluminum and Magnesium, Inc -------- 1 Huron St., Sandusky, Ohio.Cleveland Electro Metals Co .........- 2391 West 38th St.. Cleveland, Ohio.National Smelting Co .... .------------- Post Office Box 1791 Cleveland, Ohio.

Pennsylvanla..-- ...-... General Smelting Co ......-- .---------- 2901 East Westmorelnd St., Phladelphla,Pa.

North American Smelting Co ---------- Edgemont and Tioga Sts, Philadelphia,Pa.

George gall Metals Co .................... Westmoreland and Tulip Sts., PhiladeI.phis, Pa.

SCMEULE BALUMINUM SCRAP SEGREGATION PROGRAM

I. Segregation of aluminum scrap otherthan mixed aluminum scrap-(1) By alloycontent. Aluminum scrap (other than mixedaluminum scrap as hereinafter defined) ofeach Individual alloy (for example 17S, 24S,525, 645, etc., also 28 pure aluminum) shallbe segregated from aluminum scrap of everyother alloy.

Nora: Scrap from coated material (Alclador Pureclad sheet) 'may lie included with un-coated material of the same alloy specifica-tion; but Scrap from painted material shallnot be included with unpainted material ofthe same alloy specification except in Veryminor amounts.

(2) By form. In additiQn to the abovesegregation on the basis of alloy content, thescrap of each alloy (other than mixed alumi-num scrap as hereinafter defined) shall besegregated into two form types:

(I) "Solids"-generated by shearing, clip-ping, cutting, blanking or sirilar process,also defective or rejected wrought aluminumparts, defective or rejected castings andgates, sprues, risers or similar foundry scrap;

(ii) "Machinings"-generated by machin-Ing, drilling, boring, turning, milling or likeoperations.

In no event shall solids and machining& becombined.

II. Classification of mixed aluminum scrapby forr--(1) Definition. "Mixed aluminumscrap" shall consist of aluminum scrap inthe form of solids or machinings, the alloycontent of which cannot be identified, orof grindings, sawings, buffings and other finesand of dresses, skimmings and sweepings.It shall also consist of aluminum scrap gen-erated from No. 12 type and piston alloysunless the generator certifies to the personto whom ne makes delivery that the alumi-num scrap was generated from a specific alloyof the No. 1Z type or from a specific pistonalloy.

(2) Classification. All mixed aluminumscrap shall be separated into lour classes asfollows:

(1) Solids;(it) Machinings;(iii) Sawings;(iv) Drosses, skimmings, grindings, buff-

inge and sweepings and other fines.

Each of the four classes of mixed aluminumscrap shall be handled separately from eachother class -of mixed aluminum scrap andfrom all other aluminum scrap but shall notbe treated as segregated scrap under OrderM-1-d.I

IM. General provlsions;--(1) Officiat re-sponsible for handling scrap. Each: personoperating a plant generating aluminum scrapshall appoint a responsible employee to super-vise the collection, segregation and handlingof all aluminum scrap generated in the plant.The name of such employee shall be for-warded to the Aluminum and MagnesiumDivision, War Production Board, Washington,D. C. No dealer or other person not a regu-lar employee of the plant shall perform anysuch functions except as the War ProductionBoard may specifically authorize.

(2) Collection and identiflcation. Segre-gation shall be effected by collection at thexaachine where the aluminum scrap is gen-erated. Separate containers for collectionand bins for storage shall be provided foreach type of aluminum scrap required to besegregated by this program. All containersand bins shall be cearly marked to identifythe alloy and the form of scrap for whichthey are intended, and they shall be keptclean, dry and-in good condition, so thattheir contents shall be protected from con-tamination and- the weather. Each con-tainer and bin shall be used only as a re-ceptacle for the alloy and form of scrap forwhich it is designated and marked.

(3) Identification of segregated scrap forshipment. Each. unit of segregated scrapshall, upon shipment, be clearly marked orlabelled as to alloy number or specification,form and source, 1. e., the plant wheregenerated.

(4) 'Obligation as regards subcontractors,Each person operating a plant, as part of hisarrangement with any subcontractor to whom

" he furnishes aluminum shall Impose an ob-

ligation upon, and otherwlso make every ef-fort to see to It that, such aubcontractor In.-stitutes and carries out an adequate crapcollection and segregation program In con-formance with this schedule and OrderM -l-d.

IF. R. Doc. 43-10309; ilied, Juno 26, 1043.111:57 a. m.]

PART 958--REPAIRS, MAINTENANCE MbOPERATING SUPPLIES

[Revocation of Prtforence Rating OrderP-1001]

Section 958.2 Preference rating ordceP-100 is hereby revoked as to all pro-ducers.



[F. R. Doc. 43-10310; Filed, June 26, 1043.11:69 a. m.

PART 962-IRoN AND STEEL

[General Preference Order M-21-b-1 usAmended JUne 20, 1943]

GENERAL STEEL WAREHOUSES AND DEALE S

Section 962.10 General Preference Or-der M-21-b-1, is hereby amended to readas follows, effective July 1, 1943.

The fulfillment of requirements for thedefense of the United States has cre-ated a shortage In the supply of steelfor defense, for private account and for-export,; and the following order Isdeemed necessary and appropriate in thepublic Interest" and to promote the na-tional defense:

§ 962.10 General'Preference 0 r d a rM-21-b---(a) Pufpose -and e cop e.This order tells how, under the Con-trolled Materials Plan, a distributor ob-tains deliveries of general steel productsfrom producers and. from other personsfor stock or for delivery direct to a dis-tributor's customers.' The method bywhich a distributor obtains deliveries ofmerchant trade products is set forth InGeneral Preference Order M-21-b-2.Deliveries of steel from stock by dis-tributors to persons not purchasing forresale are governed by CMP RegulationNo. 4. Deliveries by distributors to otherdistributors are governed by. this ordefand not by CMP Regulation No. 4,

(b) Definitions. For the purposes ofthis order:

(1) "Steel" means carbon steel, alloysteel, and wrought iron, In the formsand shapes listed in Schedule I to CMPRegulation No. 1.

(2) "Alloy steel" means alloy steel asdefined in Order M-21-a.

(3) "Carbon steel" means ahy Stool(including wrought Iron) other thanalloy steel.

(4) "General steel product" means anyof the steel products listed ih Schedule Ahereto.

17 P.R. 925; 8 P.R. 4242,

8804


(5) "Product group" means any of the17 numbered groups of general steelproducts listed in Schedule A hereto.

(6) "Type" means (i) carbon steel, or(i) stainless steel, or (iii) other alloysteel.

(7) "Base tonnage" of a warehouse forany product group and type means thetonnage of such product group and typedelivered by such warehouse from stockduring the first calendar quarter of 1941,or such other tonnage as may be spe-cifically established by the War Produc-tion.Board.

(8) "Distributor" means any person(including a warehouse, jobber, dealer,or retailer) who is engaged in the busi-ness of receiving steel for sale or resale inthe form received or after performingsuch operations as cutting to length,shearing to size, torch cutting or burningto shape, sorting and grading, pipethreading, or corrugating or otherwiseforming sheets for roofing and siding;but a person who, in connection with anysale, bends, punches or performs any fab-ricating operation designed to preparesteel for final use or assembly shall not bedeemed a distributor with respect to suchsale.

" (9) "Warehouse" means a distributorwho receives physical delivery of generalsteel products from a producer for sale orresale in the form received, and who wasengaged on August 9,1941, in the businessof distributing steel from stock. If awarehouse maintains a stock at more thanone location, each location shall bedeemed a' separate warehouse.

(10) "Dealer" means a distributor(other than a warehouse) who receivesphysical delivery of general steel productsfrom persons other than producers forsale or resale in the form received, andwho was engaged on August 9,1941 in thebusiness of distributing steel from stock.The term does not'include any distrib-utor who is primarily a scrap dealer.For the purposes cif- this definition adistributor shall be considered primarilya scrap dealer if the tonnage of all scrappurchased for stock by him in 1940equalled or exceeded the tonnage of steelpurchased for stock by him in that year.

(11) " Delivery" include deliveries re-ceived on consignment.

(c) Restrictions on placing orderswith producers, or other warehouses, forshipment to warehouse stock-U() Prod-uet groups and types to be ordered. Nowarehouse shall order or accept deliveryto warehouse stock of general steel prod-ucts (except tool bits and drill rod) inany product group and type except thosewhich have been certified to such ware-house on Form PD-83-b or PDL-2228 bythe War Production Board. A ware-house handling no general steel productexcept tool bits or drill rod may ordersuch materials from a producer eventhough it has not been certified on suchforms. A producer shall not deliver gen-eral steel products (except tool bits anddrill rod) to any warehouse stock unlesssuch warehouse shall first have filed withsuch producer a copy, of Its PD-83-b or

PDL-2228 certificate, or in any productgroup and type except those certified onsuch certificate.

(2) Quantity restrictions on Primequality material. No warehouse which,during 1940, purchased more than 25per cent of Its tonnage of any productgroup in a grade now Invoiced as lessthan prime quality may order for deliveryto warehouse stock during any calendarquarter, prime quality steel ploducts (re-quiring scheduled rollings) of the -meproduct group in an amount greaterthan 371,! per cent of the total tonnage ofsuch prime quality material purchasedfrom all producers during 1940.

(3) Quantity restrictions on productgroups. No warehouse having a totalbase tonnage of more than 100 tons forany type of steel shall order steel in anyone product group in such type for de-livery to warehouse stock In any calendarquarter in excess of 150% of its base ton-nage for such product group and type.No warehouse having a total base ton-nage of 100 tons or less for any type ofsteel shall order steel in such type fordelivery to warehouse stock in any cal-endar quarter in excess of 150% of itstotal base tonnage for such type.

(4) Stock replacement. No. ware-house shall place with a producer or an-other distributor orders for delivery towarehouse stock after June 30, 1943 (asto carbon general steel products) or afterJuly 31, 1943 (as to stainless or otheralloy general steel products) except toreplace general steel products of thesame type delivered from warehousestock during the previous 90 days towarehouses and dealers as permitted bythis order or to consumers as permittedby C P Regulation No. 4, plus scrap ac-cumulated in the course of warehouseoperations and actually sold during suchperiod and reported to the War Produc-tion Board on Form PD-83. Within thelimits of paragraph (c) (3) deliveries ofany product may be used to support anorder for the same or any other productof the same type (carbon, stainless, orother alloy). Every order for stock mustbe accompanied by Form CMP-11 dulycompleted and signed. Deliveries fromone warehouse to another are also sub-ject to the restrictions of paragraph (c)(2) of CLIP Regulation No. 4. All de-liveries of steel requested on FormCMuP-11 must be made to the locationfrom which the steel being replaced wasshipped.

(5) Time for specifying delivery. Or-ders for general steel products placedwith producers for delivery to warehousestoor, and accompanied by FormCMP-1I, shall specify delivery not ear-lier than the time authorized for theplacement of authorized controlled ma-terial'orders for the product in questionas set fortrin Schedule 311 of CMP Regu-lation No. 1, "Time for Placing Author-ized Controlled Material Orders!' Aproducer, however, may deliver such or-ders at any time, provided such deliverydoes not interfere with dellver"is on otherauthorized controlled material orders

designating shipment for the same or anearlier month, and provided that suchdelivery will not violate production di-rectives then in force. Orders for de-livery to warehouse stock accompaniedby Form CMP-11 placed with producersfor material not requiring scheduled roll-ings (such as rejects, wasters, wastewasters, off-heats and top cuts), orplaced with other warehouses, may speci-fy delivery at any time.

(6) Status of warehouse orders. Eachorder placed by a warehouse with a pro-ducer pursuant to paragraphs (c) (4)and (c) (5) shall be deemed an author-ized controlled material order. Eachorder placed by a warehouse with an-other warehouse pursuant to paragraphs(c) (4) and (c) (5) may, but need not,be accepted by such other warehouse.If accepted it shall be deemed an author-ized controlled material order.

d) Warehouse Purchases from idle orexcess inventories. A warehouse mayorder for delivery to Its stock, withoutlimitation as to quantity, from Idle or ex-cess inventories pursuant to PrioritiesRegulation No. 13 general steel productsin any product group and type which hasbeen certified to such warehouse on FormPD-83-b or PDL-2228. Each purchaseorder for such material shall be endorsedin substantially the following form, andwhen so endorsed shall be deemed to bean authorized controlled material order:

Th undericgned certifles to the seller andto the War Production Board that this orderIs placed puruant to paragraph (d) of OrdarLf-21-b-1. and L3 an authorlzed controlledmaterial order.

llama of warehouzo Authorized officia

Addre= Date

(e) Warehouse Purchases for directshipment to customer. A warehouse re-ceiving an authorized controlled mate-ral order from a customer and wishingto arrange for shipment direct to suchcustomer by the producer or other sup-plier shal specify delivery to a point otherthan Its warehouse, and shall copy on itsown purchase order the endorsementmade to It by Its customer (Including thecustomer's name) in accordance withCMP Regulation No. 1 or other applicableregulation or order. A purchase orderspecifying direct shipment and so en-dorsed shall be deemed an authorizedcontrolled material order.

) Earmarked warehouse stocks. Tothe extent agreed upon by the Steel Divi-sion and any claimant agency, an ear-marked stock of general steel productsmay be established n any warehouse.Deliveries to such stock and withdrawalstherefrom shall be made only in accord-ance with the specific directions whichshall be Issued at the time such stockis established.

(g) Purchases by dealers. Purchaseorders for general steel products may beplaced by a dealer with persons otherthan producers to replace in the dealer's

8805


stock steel of the same type delivered byhim during the 90 days preceding theplacing of such purchase order, providedthe steel to be replaced was delivered pur-suant to CMP Regulation No, 4. No de-livery can be used more than once tosupport such a replacement order. Eachsuch replacement order must carry anendorsement in substantially the follow-ing form:

The undersigned hereby certifies to theseller and to the War Production Board thatthe material covered by this order is to re-place in stock general steel products of thesame type and weight delivered by the under-signed within the 90 days preceding the dateof this order and in accordance with CMLRegulation No. 4. This constitutes an au-thorized controlled material order.

-------- By ---------------Name of dealer Authorized official

Address Date

Any order so endorsed shall be deemedan authorized controlled material order.

(h) Reports. Each warehouse shallfile with the Bureau of the Census,Washington, D. C., on or before the 10thday of each month a report in duplicateon Form PD-83 Revised, or on such otherform as may be prescribed. A warehousehaving a total base tonnage of all generalsteel products amountink to 150 tons orless shall file such report only on or be-fore the tenth day of April, July, Oc-tober, and January for the precedingcalendar quarter.,

(I) Appeals. Any appeal from the pro-visions of this order shall be made byletter referring to the particular pro-vision appealed from and stating, fullythe grounds for the appeal. In emer-gency cases, appeal may be made bytelegraph.

(j) Communications to War Produc-tion Board. All appeals or other com-munications concerning this order shallbe addressed to Warehouse Branch,Steel.Division, War Production Board;Washington, D. C., Reference M-21-b-1.

(k) Violations. Any warehouse, deal-er, or other person who wilfully violatesany provision of this order or who, inconnection with this order, wilfully con-ceals a material fact or furnishes falseinfoimation to any department or agencyof the United States is guilty of a crime,and upon conviction may be punished byfine or imprisonment. In addition anysuch person may be prohibited frommaking or obtaining further deliveriesof, or from processing or using, materialunder priority control and may be de-prived of priorities assistance.

(1) Special instructions. The WarProduction Board may from time to timeissue special instructions to warehousesor dealers with respect to making, with-holding, accepting or refusing deliveries.

Issued this 26th day of June, 1943.WAR PRODUCTION BOARD,


SCEDU L A-GENERAL STEEL PRODrCTS

Typesof steel

Inlded

T .. ,-. -e

ca o

1. Ingots, blooms, billets, slabs, tuberounds, die blocks, sheet andtin bars -------------------------- x X x

2. Structural slapes and piling..... x - x3. Plates (universal and sheared) in.

ludingk.. .. . x x x4. Rails ndtcka e x x5. Hot rolled bars-except concrete

reinforcing bars but Includingwrought iron bars --------------- x x x

6. Cold finished bars ---------------- x x x7. Tool steel, Including drill rod and- tool bits --------------------- X ---- x

8. Mechanical tubing- ...........- x x x9. Pressure tubing ------------------ x x x

10. Wire rods (for wire drawing only). x x x11. Sheets and strip, hot rolled -------- x x x12. Sheets and strip, cold reduced- x x . x13. Tin mill black plate ----------............... x -14. Sheets and strip, all other (except

tin plate, short ternes, and gal-vanized) -------------------- x -----

15. Wheels and axles (including steeltires and rims) ---------------- x ----- x

16. Castings (rough castings only) - x x x17. Welded or woven concrete rein-

forcing mesh and concrete rein-forcing bars (nfabricated)..... x ----------

[F. R. Dc. 43-10311; Filed, June 26, 1943;11:58 a. i.]

PART 1071-INDUSTRIAL AND COMMERCIALREFRIGERATION AND AR CONDITIONINGMACHINERY AND EQUIPMENT

[Schedule In, as Amended June 26, 1943,

to Limitation Order L-126]

REQUIRED SPECIFICATIONS FOR COIL OR TUBEASSEMBLIES FOR REFRIGERATION CONDENS-ERS OR COOLERS

§ 1071.5 Schedule III 'to LimitationOrder L-126--(a) Deflnitions. For thepurpose of the schedule:

(1) "Producer" means any person whoproduces, manufactures, processes, fabri-cates or assembles any coil or tube as-semblies for refrigeration condensers orcoolers.

(2) A "coil or tube assembly for con-densers" means an assembly used in arefrigerating or air conditioning "sys-tem" as defined in paragraph (a) (1) ofLimitation Order No. L-126 consisting ofany arrangement of pipes, tubing, pres-sure vessels, or plates by means of whichheat is removed from the vaporizedrefrigerant.

(3) A "coil or tube assembly for cool-ers" means an assembly used in a refrig-erating or air conditioning "system" asdefined in paragraph (a) (1) of Limita-tion Order No. L-126 consisting of-anyarrangement of pipes, tubing, pressurevessels, or plates by means of which heatis absorbed by either a volatile refrig-erant or a non-volatile medium such as-water.

(4) "Protective coating" means a sur-face coating. applied to any or all partsof a "coil or tube assembly for condensersor coolers" for the purpose of retardingor preventing corrosion. -

(5) "Integral fin tubing" means finnedtubing, the fins and tubes of which are

formed from the same piece of metal byextrusion or by iny machine operation.

(6) "Metallic fin bond" means a tiebetween tubing and fins obtainedthrough the use of a metallic base sub-stance usually applied with heat. Thefin surface of integral fin tubing shall beconsidered as having a metallic fin bond.

(7) "Mechanical fin bond" means a tiaobtained between tubing and fins byphysical contact and without the useof a metallic base substance.

(8) "Fin height" means the distancefrom the outside of a pipe or tube to thenearest outside edge of the fil.

(9) "Return bend" means a semi-eir-cular section of tubing or pipe used tojoin parallel runs of tubing or pipe.

(10) "Lend-lease country" means thegovernment of any foreign country re-ceiving aid pursuant to the Act of March11, 1941, entitled "An Act to Promotethe Defense of the United States" (Lend-Lease Act).

(b) Required speciflcations. Pursu-ant to Limitation Order No. I,-126, thefollowing required specifications. arehereby established for coil or tube as-semblies for condensers or coolers:

(1) In the manufacture of any coil ortube assembly for condensers or of any -coil or tube assembly for coolers, noproducer shall, except for use aboardship,

(i) Use any non-ferrous metals, ex-cept for soldering or brazing materials,for protective coatings, or for any coilor tube assembly for water cooled con-densers as defined in paragraph (b) (3)of this schedule.

(ii) Use any seamless steel tubing, ex-cept

(a) To form integral fin tubing, or(b) That which has been made into

return bends but only if the radiusthereof is less than 11/ times the outsidediameter of such tubing and the straightextensions thereof are not longer than2 times the outside diameter of such tub-ing; or

(iII) Use any steel tubing (other thanintegral fin tubing) of wall thicknessgreater than the fllowing: Wall

thickcnessmaximum

Inch(a) Up to & including %" ----------- 0.028(b) Over %" up to & including i/".. .036(c) Over 21" up to & including %" .... 049(d) Over /4" up to & Including 11.... 005(e) Over 1" up to & including 11/1- .083(f) Over 1/ " uptto & Including 2".... .095(g) Over 2" up to & Including 21/2".... .120

Provided, That where external refrig-erant working pressures exceed 400 lbs.per sq. in. gauge, a producer may use awall thickness in excess of the foregoingbut not to exceed the thickness beingused by him on September 2,1942.

(2) In the manufacture of any coil ortube assembly for air-cooled condensersno producer shall

U)' Except for use aboard ship, usefinned tubing (other than Integral fintubing) having an average fin thicknessto the nearest U. S. standard gauge in

8806


excess of 4% of the fin height, or a maxlmum of 0.023", whichever is smaller;

(ii) Except for use aboard ship, use ametallic protective coating (other thanpaint) where a mechanical fin bond isemployed;

(iii) Use a protective coating contain-ing more than 7% tin where a metallicfin bond is employed; ,

(3) In the manufacture of any coil ortube assembly for water-cooled con-densers, no producer shall, except for useaboard ship

(i) Use more than 7 lbs. of non-fer-rous metals per condensing unit nomi-nal horse power for all self-contained re--frigeration condensing units: Provided,however, That where, for the purpose ofsimplification, one condenser is designedto be used with either of two or moreself-contained condensing units, notmore than 9.0 lbs. of non-ferrous metalsper condensing unit nominal horsepower of the smaller unit may be used.

(ii) Use more non-ferrous metals perton of refrigeration, for other than self-contained condensing unit condenserassemblies, than the following:

7 lbs. per ton of refrigeration for systemshaving saturated refrigerant vapor suction.temperatures above 30* F.

8 lbs. per-ton of refrigeration for systemshaving saturated refrigerant vapor suctiontemperatures from 00 to 30' P., inclusive

9 lbs. per ton of refrigeration for systemshaving saturated refrigerant vapor suctiontemperatures below 0° F."Ton of refrigeration", as here used,means the removal of heat, at the low

-side, at the rate of 12,000 B. T, U. perhour; total tons to be based on the de-sign operating load of the low side con-

-nected to the condensing unit or unitswith which the condenser is used.

(4) In the manufacture of any coil or-tube assembly for evaporatively cooledcondensers, no producer shall:

(I) Use finned tubing (other than in-tegral fin tubing) having an average fin

'thickness to the nearest U. S. standardgauge in excess of 4% of the fin height,or a maximum of 0.023", whichever issmaller; or

(ii) Use a combination protectivecoating and metallic fin bond containingmore than 7% tin.

(5)" In the manufacture of any coolercoil or tube assembly for air-cooling, no

.producer shall:(i) Use a metallic protective coating

containing more than 7% tin, exceptthat when the coil is used in food storageand the air passing over the coil is indirect contact with the food a hot-dippedgalvanized coating or a.coating contain-ing not more than 35% tin may be used,

* and except also that for use aboard shipin connection with food storage the useof protective metallic coatings is not re-stricted by this paragraph; or

(ii) Use finned tubing (other than in-tegral fin tubing) having an average finthickness-to the nearest U. S. standardgauge in excess of 4% of the fin height,or- a maximum of 0.023", whichever issmaller.

(c) Applicability of order. (1) Therequired specifications established byparagraph (b) (1) to (5) inclusive, shallnot prohibit:

(i) The production, fabrication, deliv-ery, acceptance, or installation of coil ortube assemblies, the plans of which hadon September 2, 1942. been drawn andaccepted by or for the account of theArmy or Navy of the United States, theMaritime Commission, the War ShippingAdministration, or Lend-Lease countries,or

(ii) The use (in the production or fab-rication of, or the .delivery, acceptance,or-installation of coil or tube assembliesfor condensers or coolers) of any of thefollowing materials in a producer's pos-session or control or in transit to a pro-ducer on September 2, 1942:

(a) Steel tubing.(b) Coil or tube assemblies which on

said date were in finished form or theparts for which had on said date beencast, machined or otherwise processed insuch manner that the manufacture ofsuch assemblies in conformance withthis Schedule II would be impractical.

(ill) The use (in the production orfabrication of, or the delivery, accept-ance, or installation of coil or tube as-semblies for condensers or coolers of thefinned type, only where the tubing is ex-panded to obtain the bond between tub-ing and flins) of seamless steel tubing -"O.D. size and larger, In coil or tube as-semblies manufactured prior to Septem-ber 15, 1943.

Issued this 26th day of June 1943.Wan Pnoaucno:n Bo.in

By J. JOSEPH Wnnmr,Recording Secretary.

IF. R. Doe 43-10312: Filed, June 20, 1943;11:57 a. m.j

PART 1166--APPiEL FOR F=znum Wn

[Schedule 1, as Amended June 20, 1943, toGeneral Limitation Order I451

'WOLEN'S, IM ' AID J=u0a r I SsOs'DRESSES

§ 1166.2 Schedule I to General Limi-tation Order L-85-(a) Definitions. Forthe purpose of this schedule:

(1) When descriptive of sizes:(I) 'MiUsses'" means sizes 10-20;(ii) "Junior misses' "means sizes 9-17;(iii) "Women's regular" means sizes

36-52;(iv) 'Little women's" means sizes

14K-28,i;(v) 'Women's stout" means sizes 381S-

52A,;(vi) "Women's odd" means sizes 35-51.(2) "'Evening dress" and "dinner

dress" means a dress of floor or anklelength;

(3) "Suit dress" means an unlinedtwo-piece outfit consisting of top andskirt, sold as one unit and commonlyknown to the trade as a two-piece dress.It shall be subject to all the regulationsof this Schedule I governing dreses.However, if the top is lined, half lined,sleeve lined, partly or skeleton lined, Itshall be deemed a suit and not a dress,and shall be subject to Schedule III gov-erning suits;

(4) "Daytime dress" means any dressother than an evening or dinner dress;

(5) "Dress" Includes an evening dress.dinner dress, suit dress, daytime dress,nurses' uniform, maid's uniform and ma-ternity dress;

(6) 'ody basic" means the front andback of the walst, the skirt, sleeves, insideshoulder pads, belt or sash, hem, normalfacings, and 2" lap on an open fronttop;

(7) "Trimming allowance" means thematerial allowed to be used to trim abody basic;

(8" "French cuff" means a cuff overa cuff, or a double cuff;

(9) 'French facing" means a facingextending to the armhole or beyond;

(10) "Culotte" means a garment witha divided skirt;

(11) "Measurements" means, unlessotherwise specified, maximum finishedmeasurements In inches after all manu-facturing operations have been com-pleted and the dress is ready for ship-ment, as follows:

(I) "Sweep" means the maximum cir-cumference of a skirt at any pointparallel to the floor;

(QI) "Hipline" means the line 9 inchesbelow the waistline;

(Ill) "Sleeve length" means the maxi-mum measurement from-the side of theneck over the shoulder to the bottom ofthe sleeve;

(v) "Sleeve circumference" means themaximum measurement at the bottom ofthe sleeve, or at the part attached to thecuff;

(v) Measurements of the length of adaytime dress and of a top of a suitdreas shall be made from the nape of theneck to the bottom of the finished gar-ment;

(vi) Measurements of the length of asuit dress skirt shall be made from thehighest point of the skirt to the bottom ofthe finished garment;

(vii) Measurements of the length ofan evening or dinner dress shall be madefrom the center of the hollow of theneck to the bottom of the finished gar-ment.

(b) General exceptions. The pro-visions of this schedule shall not apply todresses, the cloth for which was put intoprocess prior to:

(1) May 27, 1943, in the case of falland winter dresses; and

(2) July 1, 1943, in the case of summerdresses: Provided, That the provisions ofGeneral Limitation Order L-85 asamended July 10, 1942, shall apply tosummer dresses until July 1, 1943.

(c) General restrictions on processing,manufacture and sale of women's,misses', and junior misses dresses. (1)No person shall put Into process, manu-facture, sell or deliver any dress, includ-ing a Jumper dress, with another gar-ment or article at a unit price, exceptthat the top and skirt of a suit dress maybe sold as one unit at a unit price.

(2) No parson shall -put into process,manufacture, sell or deliver a dress withan attached hood, cape, fichu, vest, pants,handkerchief, or shawl.

(3) No person shall change any man-ufactured size marking to denote a dif-ferent size or a different size range.

8807

8808 - FEDERAL REGISTER, Tuesday, June 29, 1943

(d) General restrictions applying tothe processing of a dress. (1) No personshall put into process any cloth for. themanufacture of a dress with:

(I) French facings;(Ii) A belt or sash over 2" in-width;(iii) BI-swing, Vent, or Norfolk type

backs;(iv) Balloon, dolman orleg-of-mutton

sleeves;(v) Sleeve facing over 1% inches; -

(vi) Culottes;(vii) A skirt with pleating, tucking or

shirring, except when the sweep beforepleating, tucking or shirring does notexceed the prescribed sweep.of that par-ticular size;

(viii) An open front or fly front skirtwhich does not conform when open to -the measurements prescribed for-thatparticular size;

(ix) French cuffs.(e) General restrictions applying to

the use of trimming allowance. -(1)No person shall put into process- anycloth for trimming on a dress exceedingthe following restrictions:

(I) Cuffs over 3" in width;(ii) Cuffs with more than 2 buttons

and buttonholes;(iII) More than 1 uffle on each sleeve;(iv) A sleelze ruille exceeding 3" in

width;(v) More than t collar or revers. (A

single collar or revers of 2 thicknesseswith an Inside lining is permitted.) ;

(vi) A collar or ruffe over .5" wide!(vii) More than 2 pockets, inside or

out, or with any patch pocket exceeding42 square inches -of material before re-duction;

(viii) More than 4 flaps over 18 squareinches each; -

(ix) Quilting in excess of 300 squareinches;

(x) Pleating, tucking or shirring ofany part or section above the- waistlineof a dress, increased by more than 10%of said part or section, except that thewidth of the complete front of a top ofa dress may be increased by 8 inches ofmaterial.Provided, That the use of cloth as al-lowed above shall be charged against thetrimming allowance.

(f) Body basic and trimming allow-ance. (1) A dress shall consist only ofcloth sufficient for the body basic and

the trimming allowance. At any placeon the body basic where there is morethan 1 thickness of material, except forthe belt or sash, normal facings, insideshoulder pads, hem, and a 2" lap on anopen front top, all of which are consid-ered part of. the body basic, the extrathickness shall be deemed trimming andshall be charged against the trimminghflowance.

(2) The body basic shall be limited to(See Fig.-1):

(i) The complete front and back ofthe waist up to the neckline, includingnormal fullness. In the case.of a suitdress, the waist or top shall not exceed25 inches in length for a size 16, othersizes to be graded in normal propor-tions;. (ii) The skirt, with the limitations ofhip, length, sweep, and hem, as providedin paragraph (g) ;

(iii) Short or full length sleeves, withthe limitations of length and circumfer-ence as provided in paragraph (g), andthe limitation of facings as provided in-paragraph (d) (i) (v);

(iv) One belt or Sash;(v) Inside shoulder pads;(vi) A 2" lap on an open front top;(vii) Normal facings.(3) The trimming allowance shall be

-limited to:(i) 700 square inches for nontranspar-

ent fabrics for all sizes if the hip meas-urement does not exceed the body basichip measurement. However, if the hipmeasurement exceeds the allowable bodybasic hip measurement, and in no eventmay it exceed the allowable sweep, suchtrimming allowance shall be reduced to525 square inches;

(ii) 1400 square inches for transparentfabrics for all sizes if the hip neasure-ment d6es not exceed-the body basic hip,measurement. However, if the hipmeasurement exceeds the allowable bodybasic hip measurement, and in no eventmay it exceed the allowable sweep, suchtrimming allowance shall be reduced to1050 square inches.

(g) General restrictions on the meas-urements of dresses. Maximum meas-urements for all sizes and ranges otherthan those specified below shall begraded in normal trade proportions.

(1) Daytime dresses. Daytime dressesshall be of and graded from the followingmaximum measurements:

kir BasicT size

5 w skirtweep body Dress 'e e Sleevewool& wool woo over hip length vircum. lengthDoz & under mess.

S16 72 64 Z6 4M 2 14 -0Jr. miss ------------------------------ 15 72 64 55 42 2 14 80Little worn. (ehort) 20Y 76 70 62 44H 2 16A 29Womn'sreg 40 76 70 62 46 2 15 3134Womens stout. .. - - - -423 7B 72 64 47 2 16 82Women's odd...................- 41 80 74 64- 47 2 16 81

(2) Suit dresses. The above maxi-mum measurements relating to daytimedresses shall apply to suit dresses, in

"addition to which the following maxi-mum measurements are also to be ob:-served:

skirtTop or lgth. In.

Typo Size wolt cludinglength waband

Misses ... .................. 1 2Z 23Jr. mis .......--------------- 15 23 211Little worn. (short) ........... .20 25 , 27l,

Wom ' --------- 40 2Oz1Women's re. ...........Women's stout ...........---.- 2 30Women's odd.................41 V, 30

(3) Evening ana dinner dresses.(I) Sweeps on all sizes of evening and

dinner dresses shall be limited, with re-spect to the following materials, to:

(a) 90 inches when made of crepes,crepe satins, and similar fabrics;

(b) 144 inches when made of taffeta,flat satins, and failles;

<c) 288 Inches when made of trans.parent fabrics;

(d) 90 inches when made of any othermaterial.

(i " Lengths for evening and dinnerdresses shall not exceed: -

(a) 59 1 1 for size 16, Misses' range;(b) 58" for size 15, Junior Misses'

range;(c) .60/21" -or size 40, Women's range.(iII) No evening or dinner dress may

be made of wool cloth.(iv) Except for measurements of

length and sweep, all other measure-ments relating to daytime and suitdresses shall apply to evening and din.ner dresses.

(v) Any dress shorter than ankle orfloor length shall conform In all respectswith the measurements prescribed fordaytime and suit dresses. 1

(4) Maternity dresse$. Maternity -

dresses shall be subJect to all of the regu-lations and restrictions relating to day-time and suit dresses, except:

(I) A misses', size 16, may have a max-imum sweep of 86 Inches, unless It is ofthe wrap-around type in which case Itmay have a maximum sweep of 94 inches:

(ii) A junior misses', size 15, may haVoa maXimum sweep of 86 Inche, unless Itis of the wrap-around type In whichcase it may have a maximum sweep of94 inches;

(iII) A women's, size 40, may have mmaximum sweep of 90 inches, unless Itis of the wrap-around type in which caseIt may have a maximum sweep of 98Inches;

(iv) All sized may be 'made 1 inchlonger than lengths prescribed for day.time or suit dresses;

(v) The full trimming allowance maybe used even when the hip measure-ment, which may In no case exceed theallowable sweep, exceeds the maximumhip measurements of the Body Basic.


Washable service apparel vwrap-arounddresses and.Hoover aprons shall be ofand graded from the following maximummeasurements:

Str.ior ...... 16 43 1 45i1 Womcn'&...... 40 43 48%

401 48m j 1 15 1 47 1 31 L11

(6) Maids unzorms. Mais uniformsshall be of and graded from the follow-ing maximum measurements:

ILengthI LengthType Size pre- non- Hems Swcep

shrunk

miss_ 10 43 4536 2 60Women's - 4 0 45 47 2 68

(7) Washable service apparel wrap-around dresses and Hoover aprons,

(h) Records. Every person who putscloth into process for the manufactureof dresses shall make and retain, for notless than one year. a record of the num-ber of square Inches used for the trim-ming on each style of dress manufac-tured by him.

Issued this 26th day of June 1943.WAR PRODUCTION BOAiRD,

By J. JosvErn WnHEL,Recording Secretary.

BODY BASICMISSES SIZE 16

FIG.I[F. R. Doc. 43-10313; Fled, June 26, 1943; 11:56 a. m.]

PART 1166-APPAREL FOR FEmmm WEAR

[Schedule DII, as Amended June 26, 1943, toGeneral Limitation Order IT-85]

wosm's, MUSS&' AMP JTMOR 7sE' COATS,FUR COATS, TOPPERS, SUITS, JACERTS,SKIRTS, SLACKS, OVERALLS, COVERALLS,PLAY SUITS AND SHORTS

§ 1166.4 Schedule III to General Lim-itation Order L-85-(a) Definitions.For the purpose of this schedule:

(1) "Coat" means any outer garmentfor feminine wear, usually worn over

No. 127-----5

other outer apparel, including a cape, araincoat, an evening coat, a reefer and atopper, but excluding a fur coat;

(2) 'Tur coat" means an outer gar-ment for feminine wear, usually wornover other outer apparel, and made offur;

(3) "Topper" or "reefer" meanscoat not shorter than 33 inches for anysize;

(4) "Suit" means a garment con-sisting of a separate Jacket and skirt ofeither matching or contrasting material,sold as one unit;.

(5) Nurses uniforms. Nurses uni-forms shall be of and graded from thefollowing maximum measurements:

Legh engibTe size g on- Hems wep_I shun srun

(5) "Jacket" means a short coat ofthe type usually worn with a skirt orlaclws or over other apparel;

(6) 'Evening shirt" means a skirt offloor or ankle length;

(7) "French cuff" means a cuff over acuff, or a double cuff;

(8) 'French facing" means a facingextending to the armhole or beyond;

(9) "Culotte" means a garment witha divided s!irt;

(10) "M'easurements means, unlessotherwise specified, maximum finishedmeasurements in inches after all manu-facturing operations have been complet-ed and the garment is ready for ship-ment, as follows:

U) Measurements of the length ofcoats, toppers, and jackets shall be madefrom the nape of the neck to the bottomof the finished garment;

(11) Measurements of the length ofskirts shall be made from the highestpoint of the skirt to the bottom of thefinished garment;

(i11) "Sweep" means the maximumcircumference of a skirt at any pointparallel to the floor;

(iv) "Sleeve length" means the maxi-mum measurement from the side of theneck over the shoulder to the bottom ofthe sleeve;(v) "Sleeve circumference" means the

maximum measurement at the bottom ofthe sleeve, or at the part attached to thecuff.

(b) General exceptions. The provi-sions of this schedule shall not apply toany apparel for feminine wear referredto in this schedule, the cloth for whichwas put into process prior to:

(1) May 27, 1943, in the case of falland winter apparel for feminine wear; -

-and

(2) July 1, 1943, In the case of sum-mer apparel for feminine rear, providedthat the provisions of General Limita-tion Order 1,-5 as amended July 10,1942, slhll apply to summer apparel forfeminine wear until July 1, 1943.

(c) General restrictions on processing,manufacture and sale of all women'smisces', Junior misses' coats, suits, Jack-ets. skirts, slacks, coveralls, overalls, plagsuits, shorts and fur coats. (1) No per-son shall put into process, manufacture,sell or deliver an article of apparel forfeminine wear covered by this Schedulewith another garment or article at aunit price, except that:

U) A Jacket may be sold with a skirt,or with a slack, or with ski pants as atwo-piece outfit at a unit price; and

(ii) A skirt may be sold with a one-piece short playsult at a unit price.

(2) N1o person shall put into process,manufacture, sell or deliver an articleof apparel for feminine wear coveredby this schedule with an attached hood,cape, capelet, fichu, vest, cap, pants,handkerchief, shawl or scarf.

(3) No person shall change any man-ufactured size marking to denote a dif-ferent size or a different size range.(d) General restrictions appliing to

the processing of apparel for femininewear covered by this schedule. (1) Ioperson shall put into process any clothfor the manufacture of a coat with:

(I) French facings;

8S09

FEDEAL REGISTER, Tuesday, June 29, 1943

(ii) A belt or sash over 2 inches inwidth;

(iii) Bi-swing or Norfolk-type backs;(iv) Balloon, dolman or leg-of-mutton

sleeves;(v) Sleeve facings over 2 inchesr(vi) More than one collar or revers.

(Single collar or revers of 2 thicknesseswith Inside lining permitted);

(vii) Epaulets or tabs on the shoul-ders;

(viii) More than 2 pockets, inside orout, except on a reversible raincoat inwhich case 2 pockets may be used on theinside and the outside, or with any patchpocket exceeding 64 square inches of ma-terial before reduction;

(ix) More than 4 flaps;(x) Separate or attached vestees,

dickeys, gilets, or scarfs.(2) No person shall put into process

any cloth for the lining of a fur coat:(i; Exceeding a maximum sweep of

64 inches for a box coat or 74 inches fora fitted coat, for a size 16. The maxi-mum measurements for'sweep of othersizes shall be 2 inches more for eachlarger size and 2 inches less for eachsmaller size;

(ii) Exceeding a maximum length of43 inches for a size 16. Other sizes shallbe graded in normal trade proportions.

(3) No person shall put into processany cloth for the manufacture of a sepa-rate Jacket or a jacket which is the topof a suit, a slack suit or a ski suit, with:

(i) French facings;(ii) A belt or sash over 2 inches in-

width;(iii) Bi-swing, vent, or Norfolk-type

backs;(iv) Balloon, dolman, or leg-of-mut-.

ton sleeves;(v) Sleeve facings over 1/2 inches;(vi) More than 1 collar or revers.

(Single colla: or revers of 2 thicknesseswith inside lining permitted)*

(vii) A collar over 5 inches in width;(viii) Epaulets or tabs on the shoul-

ders;(ix) More than 2 pockets, inside or

out, or with any patch pocket exceeding42 square inches of material before re-duction;

(x) More than 4 flaps;(xl) Separate or attached vestees,

dickeys, gilets or scarfs;(xii) Double breasted fronts;(xiii) Quilting, except when used as a

lining;(xiv) Pleating, tucking or shirring of

any part or section of a jacket which in-creases by more than 10% said part orsection, except that the width of thecomplete front of jacket may be increasedby 8 inches of material.

(4) No person shall put into processany cloth for the manufacture of a sepa-rate skirt or a suit skirt or a play suitskirt, with-

(i) A separate or attached half belt,full belt, tab, simulated belt, or beltloops;

(ii) Pleating, tucking or shirring onthe waistband;

(iii) A waistband over 3 inches inwidth at its maximum width;

Civ) Suspenders;(v) More than 1 pocket, inside or out,

or with any patch pocket exceeding 36

square inches of material before reduc-tion;

(vi) A flap on the pocket;( vii) Features making such skirts of

the types known as culottes, reversibleskirts, lined skirts, quilted skirts, or skat-ing skirts;

(viii) Pleating, tucking, or shirring,except when the sweep before pleating,tucking or shirring does not exceed theprescribed sweep of that particular size.(5) No person shall put into process

any cloth for the manufacture of a slack,coverall, overall, short, play suit, or skipants, with- _(i) A, separate or attached half belt,

full belt, simulated belt, tab, or belt loopsexcept that a coverall may have a beltand belt loops; -


(2) Jackets. Separate jackets andjackets which are the tops of suits, Slacksuits, and ski suits shall be of and gradedfrom the following maximim measure-ments:

Jacket Sleeve Sleeve

Type Size length length eircum- Heferenco

misses' --------- 16 25 30 14 1%Jr. misses'- ....... 15 25 30 14 ILittle women .... 20% 25% 31% 15Y 19Women's reg 40 26% 29 15% 13-Women's stout 4234 32 10 134Women's odd ... 41 26 31 16 1,4

(3) Separate skirts. Separate skirtsshall be of and graded from the followingmaximum measurements:

Length WoolType Size inC. Hems Sweeps sweeps

waist- over 9band oz.

Misses' -------- 16 28 2 78 64Jr. misses'- -- 15 27 2 78 64Women's reg.. 40 291M 2 82 70

(4) Suit skirts. Suit skirts shall be ofand graded from the following maximummeasurements:

Length WoolType size H Hems Sweeps sweep s

• over 9band OZ.

Mi ss' 16 28 2 72 64Jr. misses'-. 15 27 2 72 64Women's reg. 40 293 2 76 70

- (5) Eve'hing aid dinner skirts. (i)Sweeps on all sizes of evening and dinnerskirts shall be limited, with respect to thefollowing materials, to:

(a) 90 inches when made of crepes,crepe satins, and similar fabrics;

(b) 144 inches when made of taffeta,flat satins, and failles;

- (ill) A waistband over 3 Inches Inwidth at its maximum width;

Civ) More than 2 pockets, inside or out,or with any patch pockets exceeding 36square Inches of material before reduc-tion;

(v) Flaps on pockets;(vi) A cuff;(vii A blouse or shirt top which ex-

ceeds the restrictions of Schedule Ul gov-erning' blouses.

(e) General restrictions on the meas-urements of all apparel for femininowear covered by this schedule. Maxi-mum measurements for all sizes andranges other than those specified belowshall be-graded in normal trade propor-tions.

(1) Coats. Coats shall be of andgraded from the following maximummeasurements:

(c) 288 Inches when made of trans-parent fabrics;(d) 90 inches when made of any other

material.(ii) Lengths for evening and dinner

skirts shall not exceed:(a) 45/2" for size 16, Misses' range;(b) 44" for size 16, Junior Misses'

range;(c) 46" for size 40, Women's range,(i) No evening or dinner skirt may

be made of wool cloth.Qv) Any skirt shorter than ankle or

floor length shall conform in all respectswith the measurements prescribed fordaytime and suit skirts.

(6) Slacks, overalls and coveralls.Slacks, overalls and coveralls from waistgown shall be of and graded from theTollowing maximum measurements:

LengthBotto Incl. waist-

Type Size widothm band andturn-up at

bottom

Misses, ................... 16 19/ 41Jr. misses'..............16 103 4112Women's 4e0............40 223 40J,

(7) Ski pants. Ski pants shall be ofand graded from the following maximummeasurements:

Length in,Bottom eluding

Typo Size width waistbnndand turn-tipat bottom

Alisses ................... 16 15 42,Jr. misses' ------------- 15 15 41Women's reg. ............40 17 44

Issued this 26th day of June,'1943.WAR PRODUCTION BOARD,

By -J. JOSEPH WHELAN,Recording Seeretary.

[F. R. Doc. 43-10314, Filed, Juno 20, 1943;11:56 a. m.]

Outside Sweep LengthType size Hems Sleeve SleeVe

measure- cireumf.monts Fit Box Fit Box

misses' ---------------------------- 16 2 30 160 70 60 43 42Jr. misses'_ .----------------------- 15 2 30 16i 70 0 41 40%

-Little women -- ..-------------------- 20% 2 29M 16% 76 Go 44 43Women's reg ----------------------- 40 2 31%j 10GY 76 % 458 41''omen's stout --------------------- 42M 2 32 163 78 CI 40 45Women's odd ---------------------- 41 2 31% 16% 78 1 3 404 45

8810


PA=r 1166-APPARm FOR FEmnNE Wma[Schedule V, as Amended June 26, 1943, to

General Limitati on Order L-85]CHILDREN'S.APPARES 11O OUTER W=E

§ 1166.6 Schedule V to General Limi-tation Order L-85-(a) Definitions.For the purpose of this schedule:

(1) "Outerwear" means all apparel forchildren, excluding underwear andlounging wear;

(2) "Children's apparel" means outer-wear of the following size ranges:

(i) Toddler's range 1 to 4 for bothsexes;

(ii) Children's rgnge 3 to 6x for bothsexes; -

(iii) Girl's range I to 14;(iv) Teen age range 10 to 16;(v) Chubbie range 7MY to 1416 and

10Y2 to 162.(3) "Children's" means all ranges

from I to 16V2;(4) "Coat" means any outer garment

for children usually worn over otherouter apparel, including a cape, a rain-coat, a reefer and a topper, but excludinga jacket;

(5) "Topper" or "reefer" means a coatnot shorter than 33 inches for any size;

(6) "Suit" means a garment consistingof a separate jacket and skirt of eithermatching or contrasting material, sold asone unit;

(7) "Jacket" means a short coat of thetype usually worn with a skirt or slacksor over, other apparel;

(8) 'Dress" includes a street dress, asuit dress and a party dress;

(9) "Street dress" means any dressother than a party dress;

(10) 'Tarty dress".means a dress offloor or ankle length;

(11) "Suit dress" means an unlinedtwo-piece outfit consisting of a top andskirt, sold as one unit and commonlyknown to the trade as a two-piece dress.It shall be subject to all the regulationsof paragraph (d) (5) governing dresses.However, if the top is lined half lined,sleeve lined, partly or skeleton lined, itshall be deemed a suit and not a dressand shall be subject to paragraphs (d)(2) and (d) (8) governing jackets andskirts.

(12) "Legging set" means a combina-tion of coat and leggings or pants, of thetype known as a double duty outfit;

(13) "Snow suit" or "ski suit" meansa combination of a jacket and leggings orpants, made exclusively for outdoorwear;

(14) ' .rench facing" means a facingextending to the armhole or beyond;

(15) "Culotte" means a garment witha divided skirt;

(16) "Measurements" means, unless-otherwise specified, maximum finishedmeasurements in inches after all manu-facturing operations have been com-pleted and the garmbnt is ready for ship-ment, as follows:

(i) measurement of the length ofcoats, toppers, dresses, and jackets shallbe made from the nape of the neck to thebottom of the finished garment;

(ii) Measurements of the length ofskirts shall be made from the highest

point of the skirt to the bottom of thefinished garment;

(ill) "Sweep" means the maximumcircumference of a skirt or a dress at anypoint parallel to the floor.

(b) General exceptions. The pro-visions of this schedule shall not apply tochildren's apparel, the cloth for whichwas put into process prior to:

(1) May 27, 1943, In the case of falland winter apparel; and

(2) July 1,1943, in the case of summerapparel, provided that the provisions ofGeneral Limitation Order L-85 asamended July 10, 1942, shall apply tosummer apparel until July 1, 1943.(c) General restrictions on processing,

manufacture a d sale of all childrn 'sapparel. (1) No person shall put intoprocess, manufacture, sell or deliver anychildren's apparel, including a Jumper orpinafore, with anothler garment or articleat a unit price, except in the case of thefollowing garments which may be soldas one unit:() A skirt and a top may be sold as a

dress;(i) A Jacket may be sold with a skirt,

or with slacks, or with ski pants, as asult; I

(CiI) A coat may be sold with one pair* of leggings up to and including sie 14;

Civ) A one-piece play suit may be soldwith a skirt.

(2) No person shall put into process,manufacture, sell or deliver any chil-dren's apparel with an attached cape,muff, scarf, bag, hat, cap, capelet, hand-kerchief or hood, except that a collarlesraincoat and a collarless mackinaw or

ski Jacket may be sold with a per-manently attached hood up to and in-cluding size 14.

(3) INo person shall change any manu-factured size marking to denote a dif-ferent size or a different size range.

(d) General restrictions applytzng tothe processing of chffdren's apparel. (1)No person shall put into process any clQthfor the manufacture of a Coat, Cape, orRaincoat, with:

(U) Epaulets or tabs on the shoulders;WI) More than one collar or revers.

(Single collar orrevers of two thicknesses.with inside lining penmitted);

(ii) A collar over 5 inches wide;(iv) More than 2 pockets, inside or

out. except on a reversible raincoat inwhich case 2 pockets may be used on theinside and the outside, or wvith any patchpoc;et exceedlng6 square inches of ma-terial before reduction.

(v) More than 1 flap on each packet;(vi) More than 2 separate flaps for

trimming use;(vii) Balloon, dolman, or leg-of-mut-

ton sleeves;(viii) French facings;(Ux) Turn-back cuffs;(x) A belt over 2 inches wide;(xi) Bl-swing, vent, pleat, or Norfolk-

type backs from the waist up;(xi) Ve3tees, dickeys or gilets;(xill) Sleeve facings over 1M inches;WxO) Bibs on leggings of legging sets;

(xv) Measurements which are not ofor graded from the following oaximunmeasurements:

OT 5T-- S , L a , m s. p L e.rt S w a p I s q o,buMtb= t t Cttcd lt I±

TeddlanD ... 4 19 43 1 2 43

Girl's .......... 14 C4 231 £3 20n E55/2 41 C3 2

Chubbtotecn,-o....... 151 aze CZ, 41 72 2

Maximum measurements for all sizesother than those specified above shallbe graded in normal trade proportions.

(2) No person shall put into processany cloth for the manufacture of a sepa-rate Jacket or a Jacket which is the topof. a suit, a slack suit, a snow suit, or aski suit, with:(1) A belt wider than 2 inches;(i) Balloon, dolman or leg-of-mutton

sleeves;(iit) Sleeve facings over l11, inches;(iv) A cuff on a sleeve;(v) More than 1 collar or revers. (Sin-

gle collar or revers of 2 thicknesses withinside lining permitted);

(vi) Collar or revers over 5 inches inwidth;

(vii) More than 2 pockets, inside orout, or with a patch pocket exceeding 36square inches of material before reduc-tion;

(vili) More than 1 flap on eachpocket;(ix) More than 2 separate flaps for

trimming use;x) Epaulets or tabs on the shoulders;

(xi) French facings;

(xli fouble breasted fronts in teenage sizes 10 to 16;

(xli) Quilting, except when used as alining;

(xiv) Bl-swing, ven% or Norfolk-typebacks;

(xv) A dickey collar except on collar-less Jackets;

(xvi) Measurements which are not ofor graded from the following maximummeasurements:

iSr guRaaza ~s1 ckca~ t r~draft2

~~~~r 3 Jly e1tj. 1

ChZn S.. -. Cm I 13l 1 4Ofr~.________14 I 22 V

Chubb!ogfr1'J- . 143 S 22

Maximum measurements for all sizesand ranges other than those speifiedabove shall be graded in normal tradeproportions.

8S11


(3) No person shall put Into processany cloth for the manufacture of a sepa-rate skirt or a suit skirt or a play suitskirt, with:

(i) A separate or attached half belt,full belt, tab, simulated belt, or bel' loops;


(iii) Suspenders, except on sizes 1 to 3and 3 to 6x. . (If suspenders are used onthe approved sizes the width must be lim-ited to 1 V2 inches finished and no rufflesmay be applied to the suspenders);

(iv) More than 1 pocket, inside or out,or with any patch pocket exceeding 25square inches of material before reduc-tion;

(v) A flap on the pocket;(vi) A waistband over 2 inches in

width at Its maximum width;.(vii)' Features making such. skirts of,

the types known as culottes, reversibleskirts, lined skirts, quilted skirts, or skat-ing skirts;

(viii) Overall pleating, tucking or shir-ring, except when the sweep before pleat-ing, tucking or shirring does not exceedthe prescribed sweep of that particularsize;

(ix) Measurements which are not ofor graded from the following maximummeasurexhents:

fuieludRtango Size Sweep ing Hems

band

Toddlers' .------------ 48 IlI 2Children's ------------ 6x 56 16y 2Girl's. ---- 14 68 24 2Ohubbi girl's ......... 1434 72 24 2Teen age ------------ 16 75 26 2Chubble teen age ..... 16,-4 78 -26 2

Maximum measurements for all sizesother than those specified above shall begraded in normal trade proportions.

(4) No person shall put into processany cloth for the manufacture of a slack,coverall, overall, short, play suit or skipants, with:.

(I) A separate or attached belt, halfbelt, simulated belt, tab, or belt loops ex-cept that slacks or shorts for male chil-dren may have a belt and belt lobps ifthey do not have suspenders, a bib, orany button-on features;

(ii) A waistband over 2 inches in widthat its maximum width;

(ill) Pleating, tucking or shirring onthe waistband;

(iv) More than 2 pockets, inside orout, or with any-patch pocket exceeding36 square Inches of material before re-duction;

(v) Flaps on the pockets;(vi) Cuffs;(vii) Suspenders; except on sizes 1 to

3 and 3 to 6x. (If suspenders are usedon the approved sizes the-width must belimited to 12 Inches finished and noruffles may be applied to the suspenders) ;

(viii) Measurements which are not of-or graded from the following maximummeasurements:

Max. lengthLength icl turn-up, Circum.

Range Size es Blacks & ferencecoveralls & at bot-pant overalls from tomwaist down

Toddlers'.- 3 27 22;j 15Children's ... 6 .33 28 16Girl's ------- 14 - 42 40 18Teen age .16 44 428 19

(5) No person shall put into processany cloth for the manufacture of chil-dren's dresses, with:

(i) Balloon, dolman or leg-of-muttonsleeves;

(ii) French facings;(iii) A belt over 2 inches in width;(iv) A sash over 3 inches in width;(v) 'A bias cut sash;(vi) Double yokes;(vii) Bi-swing, vent, pleat, or Norfolk-

type backs;(viii) Epaulets or tabs on the shoul-

ders;-(ix) More than 1 collar or revers.

(Single collar or revers of 2 thicknessesjermitted);

(x) A collar or revers over 5 inches Inwidth;

(xi) More than 2 pockets, inside orout, or with any patch pocket exceeding36 square inchbs of material before re-duction;

Maximum measurements for all sizesother than those specified above shall begraded in'normal trade proportions.



[P. R. Doe. 43-10315; Filed, June 26, 1943;11:56 a. m.l

PART 1188--RAiLROAD EQUIPMENT

[Limitation Order L-97-d]

CRITICAL COMPONENTSThe fulfillment of requirements for the

defense of the United States has createda shortage in the supply of certain criti-cal railroad equipment components fordefense, for private account and for ex-port; and the following order is deemednecessary and appropriate in the publicinterest and to promote the national de-fense:

§ 1188.7 Limitation Order L-97-d-.(a) Definitions. For the purpose of thisorder:. (1) "Critical component" means anynew equipment or apparatus (for rail-road, equipment only) as set forth on

(xii) More than 1 flap on each pocket:(xiii) More than 2 separate flaps for

trimming use;(xiv) Cuffs over 2 inches in width;

0 (xv) More than 1 button or button-hole on a cuff;

(xvi) Sleeve facings over 1 V2 Inches;(xvii) Suspenders;(xviii) Extra sleeves, attached or oth-

erwise;(xix) Vestees or gllets;(xx) Quilting;(xxi) More than 1 ruffle (not to ex-

ceed 2 inches In width) on a sleeve;(xxii) Ruffles on the skirt;(xxiii) A skirt pleated, tucked or

shirred, except when the sweep beforepleating, tucking or shirring does not ex-ceed the prescribed sweep of that par-ticular size;

(xxiv) Features making such dressesknown as culottes and reversible dresses;

(xxv) More than two trimming bows;(xxvi) Petticoat, apron, or overskirt;(xxvii) A dickey collar except on a

collarless dress. (The dickey collar shallbe no longer than 15 inches from thecenter back of the neckline to the longestpoint in front for a size 16);

(xxviii) Measurements Which are notof or graded from the following maxi-mum measurements:

Schedule A, attached hereto, as amendedfrom time to time.

(2) "Manufacturer" means any personwho constructs or manufactures a criti-cal component to the extent that he Isengaged in such construction or manu-facture, and shall Include sales and dis-tribution outlets and agencies controlledby such manufacturer.

(b) Operation reports. Each manu-facturer of a critical component listedon Schedule A, as amended from time totime, shall file the applicable form des-ignated In column 1 of said schedule onthe dates prescribed by such form, Suchform as filed shall where called for showthe manufacturer's production capacityand orders unfilled, received, shipped,cancelled, and scheduled for shipment,for the period specified In the form.(c) Restrictions on delivery. (1) Each

manufacturer of a critical componentshall file, where called for on Schedule A,as amended from time to time, the ap-plicable form designated in column 2 ofsaid schedule on thq date prescribed bysuch form. Such form as filed shall showthe manufacturer's delivery schedule forthe particular critical component for theperiod therein specified.1 (2) On and after July 1, 1943, eachmanufacturer shall deliver critical corn-

Size SParty Party Part Length topR n eStreet Street Street P ry aty P y two-pecelength swceR hems length areep hem dres

Toddlers ------------------- 3 17M 48 3 .............................. 14Children's- --------------- 6x 26 0 3 37 s0 10Girl's ----------------------- '14 36 66 3 02 90Chubbie girl's -------------- 14, 36 72 3 52 g 1Teen age ....----------- 16 41 72 2 67 120 1 23Teen age cubble ----------- 16% 41 78 2 67 120 1

C'

8812


ponents only in accordance with theschedule filed pursuant to paragraph (c)(1), as the same may be approved orchanged from time to time by the WarProduction Board. Any such scheduleshall be deemed a frozen schedule withinthe meaning of Priorities Regulation 18.

(d) Other allocation and schedulingaction. With respect to any critical com-ponent, the War Production poard maynotwithstanding any other order, pref-erence rating, directive, rule or regula-tion,

(1) Direct the return or cancellation ofany order on the books'of a manufac-turer.

(2) Direct changes in the delivery orproduction schedule of a manufacturer,or

(3) Allocate orders placed with onemanufacturer to another manufacturer.

(e) Ap ilication of other orders andregulations. The listing of any productas a critical component Under this orderdoes not relieve any person from com-plying. with the provisions of any otherorder, directive, rule or regulation of the

'War Production Board, except as specifi-cally provided in this order.

(f) Violations. Any person who wil-fully violates any provision of this orderor who, in connection with this order,wilfully *conceals a material fact or fur-

nishes false Information to any depart-ment or agency of the United States Isguilty of a crime, and upon convictionmay be punished by fine or impriton-ment, In addition, any such person maybe prohibited from maling or obtainingfurther deliveries of, or from processingor using, material under priorities con-trol and may be deprived of prioritiesassistance.

(g) Communications. All communi-cations concerning this order should beaddressed to the War Production Board,Transportation Equpment Division,Washington, D. C., Ref.: L-97-d.

Lssued this 26th day of June 1g43.WAn PRODUC=iO: Bo=m,

By _J. JoSrEP WELLAI;,Recordinul Secretary.

Scmu=i~ AThe crltlcal component- llstcd below are

subject to tho provisions of this order, butonly to the extent that they arc dezlgncdand produced for ue on railrcad equipment.

The applicable form chown In column 1I Is to be used Iin making the report for chcomponent as required by paragraph (b).

The applicable form rhown In column 2,If listed opposite a speclfic component, is toto be used In making the report for thatcomponent, as required by paragraph (C).

Column 3 Indicates the unit In rhich cachcomponent should bo reported on the formslisted In columns 1 and 2.

PART 1--ICAL Co01ONElTs Von LOCOMOTIVES AND TrMM,[Form PD-900 has been changed to Farm rPB-3002-Form PD-21 has b en ch~ncid to Farm WPB-cZll

Applcabo form Unit t-

- I.1 C.2 CM .Air brake actuating m n gm eb. n X . ............... PD-2 ....... LCv. C. ._o.Bedsd... -- ............................... -......... PD-r-5 - PD-FL--. TF-'.Bal ringers ----- . . ................... PD-CQ ...................Blow off cocks ----- . ... ... ..... . ........ Pha3 ....... ....... .....Blow off cocks operating cylinders and control valves ............ PD-1D ....... ... F.. .Blow off mufers ........................................... PD1 ....... .............. li.Bailer checks .... . -.L - ... -= ----. . .. ..... - .... --- -......--Booers ---------.----.-.- . -........................ PD-M__ PD-0 L ...... L,". rzls.Brakes, foundation. ---------..--..------.- ..-.----............ PD-N10 ....... PD-rx _ ... .. v . rcsBrakes, casp:.. ___- - - PD-, ...... P. .... TendZr rzfi-.C~~mlztor~ .... . .. .... . .. . ........ PD-rS1 ....... LC P-0% .... i.Coal pushers - .-. .................. PDJ2-3 -.... PD-eI... Fch.Compensators and snubbers for driving boxes -- ............ PD- ____. PD-I....E. Bx : -#I.Cylinder coc - -. - ......................... PD- .-Cylinder cock operating valves ................................. PD-10 ....... . Eleh.Drifig ves__ _ _ -.. . . . . . ... .- 2 ... cb.Driving box lubricators . ........... . ............. P '- 2- ..... ' 11 rdts.Feed waterheaters, includnnggprsps -------.......... PD ....... PD ... l q. .orFire doors, pneu tic ......................................... PD-t40- - PD--L. -- EreIC."rae --------......... .-- ------- - -.........----- PD -M) .... v..r pi) 1.L ...... L w, ;dn.Grates -----------------. ----..--- PD- ........ LMo. rcts.Grate sbakers. - ---- PDAI C.__ . . .IEeadlight equipment, including turbo ectric ---......... PD-[Z .... PD-OL... L,-oo rb.Injectors (live steam) P.......................................--- D400 __ PD 31 .... E .'Injectors (exhaust steam) PD ...... PD- L- ...... Ezb.3oints, flexible, air steam ando!L ......-.-...-... PD- .. E..Lubrication equipment, mechanieal PD-----..... P- ---- l- Lc.. rmis.Lubricator hydrostatic ---------------------- ---------------- .. Eb.Plugs, arch tube PD--- - .. .-- - - - .Plugs, boiler drop ----------------- - -------.... PD-4'2 .. . IPlugs, circulatr. -D----"-')JPngswsout --------- -- -----------. PD ........ ...... zb.Radial buffers ----------- ; ......... -------------------- PD-' ....... P I...... .V = rReliefv alves . P- - - - -- D- .Reverse gears. power operated -- - ...-----------------------. PD-&lL.- E ..Sanding eq uipe t.. ". ---- PD-2....... ...... _ .. Les. I..Springs, drrvin-----.- . PD- M_....... PD- .... M.. :. PP ..... L ct. msSprings. angina truck, including Diesel ------------------- -C~l.. P-t.,..LEss. miSprings, tender----------- ...... _,_L. _ TePder Te L-.

trailer truk PD-. DC ., Le ̂ o.stoa -----s--------------------------------------------- PD-... L.... E=Super eater.......................PD-2C .... P D-Ct..... L is."o ,s ype - --- ----- ------------ - .---- ------------ PD-PL .... Les. ts.Tender bedsand frameQ.. ............- PD- ...- PD-.)......,, 11...Throttles, front end.,.--- - ---................ PD--D. P L... EZ:h.Truck frames, ermine truck, including DiesdL ... P------------ PD-,0.. PD-LLe.... Le : I,.ruck ames, -e . - .------------- - PD-.o5___. PD-cIL---.- Tender r.:.

Truck frames tralle..... . .. i2 .. PD-Cl ...... Lecso .2.Valve Ee=r--................................. ............. ersPD- ....... LPD L.... -. Les, Cml.Water gauge ock......... PD .. Em-b.

Water ~-- ---------------- bwater c molns -......... .. .... . . ............. .. .. P -_ .. .. . ... .Water gauge guards ----------------------............ PD-I... iWater gauges_ ----.....----------------..............--------- PD)- ..........."Whistles-- -.--------.--.o.-------------.o.----------------------. PD-N-0 ...... ......... ...... .h

[F. R. Doc. 43-10301; Piled, June 26, 1943; 11:57 a. m.]

Par 126l-LT. roarton E-unes~r

[Gcn ral TLimitatlon Order L-24, a-Amended June 26, 1243]

Section 126LI General LimitationOrder L-144 Is hereby amended to readas follows:

§ 1261.1 General Lnmitation OrderL-144---(a) Definition. For the pur-poses of this order:

(1) " aboratory equipment" mesany apparatus, lnstrument, appliance,device, equipment, or part thereof, de-signed primarily for use In laboratories.The term sb include furniture de-signed for laboratory use but shall notinclude second-hand equipment of anykind nor any chemical prepared andpacked for reagent use.

(2) "Distributor" means any personwho purchases laboratory equipment forthe purp se of resale.

(3) "Serial-numbered laboratory"means any laboratory which has beenassigned a serial number under Prefer-ence Rating Order P-43. (Any serial-numbered laboratory shall indicate Itsserial number on any purchase orderwhich It places for laboratory equip-mentJ

(b) Restrictions on the sale and deliv-ery of laboratory equipment. (1) Noperson shall sell or deliver any Item oflaboratory equipment included on. List Aof this order to any person, other than a,distributor, except to fill a purchase orderor contract specifically authorized by theWar Production Board on Form WPB-1414 (formerly Form PD-620).

(2) In addition to the restrictions setforth in subparagraph (1) of this para-graph (b), no person shall sell or deliver,on any one purchase order or contract,any one item of laboratory equipmenthaving a value of $50 or more, or anyquantity of the same item of laboratoryequipment having an aggregate value of$50 or more, or any quantity of differentitems of laboratory equipment having anaggregate value of $200 or more, exceptto fill purchase orders or contracts call-ing for delivery to any of the followingpersons:

(1) The Army or Navy of the UnitedStates.

(II) Any serial-numbered laboratory.Ul) Any distributor.(iv) Any other person who has re-

ceived specific authorization of the WarProduction Board on Form WPB-1414,covering the specific purchase order orcontract.No purchase order or contract shall besubdivided for the purpose of avoidingthe restrictions of this paragraph(b) (2). For the purpose of this para-graph, Items shall be deemed to be the"same" when they are identical exceptfor minor manufacturing tolerances.For example, glass beakers of identicalsize and shape (except for minor mam-

.. factwing tolerances) are the "sameitem", whereas glass beakers of differentsize or shape are "different items.

(c) Restrictions on Purchase of Tab-oratory equipment. No person shallpurchase or accept delivery of any lab-oratory equipment, if he knows or hasreason to believe that the sale or deliv-ory of such laboratory equipment is pro

831.3


hibited by the terms of paragraph (b) ofthis order.

(d) Authorizations on Form WPB-1414 and extensions of such authoriza-tions. (1) Each person seeking authori-zation, pursuant to paragraph (b) ofthis order, to receive laboratory equip-ment shall prepare Form WPB-1414 inthe manner prescribed therein and shallfile such form with the War ProductionBoard, Washington, D. C., Ref: L-144.(Copies of Form.WPB-1414 may be ob-tained at the local offices of the WarProduction Board.)

(2) Any person receiving specific au-thorization on Form WPB-1414 shallnotify his supplier of such authoriza-tion by furnishing him with a certifi-cation in substantially the followingform (on the purchase order or con-tract, or on an attached document):

The undersigned hereby certifies that hehas been specifically authorized by the WarProduction Board on Form WPB-1414. CaseNo .-.. , to receive the laboratory equip-ment ordered by the within (or attached)purchase order or contract, in accordancewith the provisions of Limitation OrderL-144.

Nam e --------------------By ------------

Authorized officialDate ....

Any such certification shall be signedby an authorized- official, either man-ually or as provided in Priorities Regu-lation 7, and shall constitute a repre-sentation to the supplier and to the WarProduction Board of the facts certifiedtherein. The supplier may rely uponsuch representation, unless he knows orhas reason to believe such representa-tion to be false.

(e) Assignment of preference ratingson Form WPB-1414. In conjunctionwith the granting of specific authoriza-tions to receive laboratory equipmenton Form --WPB-1414 pursuant to para-graph (b) of this order, the War Pro-duction Board may also assign prefer-ence ratings to the authorized deliverieson such form. Any preference ratingso assigned shall be applied and ex-tended only in accordance with theterms of Priorities Regulation 3.

(f) Records. All persons affected bythis order shall keep and preserve fornot less than two years accurate and.complete records of all sales, deliveriesand purchases of laboratory equip-ment.

(g) Applicability of r e g u l a t i o n s.This order and all transactions affectedthereby are subject to all applicableregulations of the War ProductionBoard, as amended from time to time.

(h) Appeals. Any appeal from theprovisions of this order shall be' madeby filing a letter in triplicate, referringto the particular provision appealedfrom and stating fully the grounds ofthe appeal.

(i) Violations and false statements.Any person who wilfully violate anyprovision of this order, or who, in con-nection with this order, wilfully concealsa material fact or furnishes false infor-miation to any department or agency of

the United States is guilty of a crime andupon conviction may be punished by fineor imprisonment. In addition, any suchperson may be prohibited from makingor obtaining further deliveries of, or fromprocessing or using, material under pri-ority control and may be deprived ofpriorities assistance.

(j) Communications with the WarProduction Board. All reports to be filedhereunder' and communications con-cerning this order shall, unless otherwisedirected, be addressed to the War Pro-duction Board, Safety and TechnicalEquipment Division, Washington, D. C.,Ref: L1444.

Issued this 26th day of June 1943.WAR' PRODUCTION BOARD,


IsT AThis list includes only those items coming

within the classifications set forth belowwhich have a value, individually, of $50 ormore. Any item coming within the classifi-cations set forth below which has a value,-individually, of less than $50 shall not beregarded as being included on List A.

Analytical balances,Centrifuges.Electroanalysis apparatus.Gas analysis apparatus.High vacuum pumps.Hydrogen ion equipment (electrometric).Laboratory incubators.Laboratory ovens.Laboratory water stills.Metalloscopes.Microscopes and attachments.MIcrotomes and attachments.Potentiometric and conductivity appa-

ratus.Refractometers.Spectro and spectrophotometric analytical

apparatus.Viscosimeters.

[F. R: Doc. 43-10302; Filed, June 26, 1943;11:58 a. in.]

PART 3175--REGULATIoNs APPLICABLE TOTHE CONTROLLED- MATERIAL PLAN-

[CMP Regulation 5, Direction 2 as AmendedJune 26, 19431

STEEL SHOE WIRE

The following direction is hereby is-sued pursuant to § 3175.5, CMP Regula-tion No. 5:

Steel wire used in making footwear shall betreated as an operating supply under CMPRegulation No. 5 regardless of whether, underthe particular manufacturer's accountingpractice, such steel wire is charged to operat-ing expenses. Accordingly, manufacturers offootwear should obtain steel wire in themanner provided in CIAP Regulation No. 5and should not file applications for allot-ments of it. This applies to steel toe lastingwire, steel staple wire, steel grip tacker wire,steel slugging wire, steel taper nail wire andsteel wire used for similar purposes.



JP. R. Doc. 43-10304; Filed, June 26, 1943;11:89 a. m.1

PART 3175--REGULATIONs APPLICABLE TOTHE CONTROLLED MATERIALS PLAN

IDirection 7 to CLIP Reg. 6]WELDING ROD

The following direction is issued pur-suant to CMP Regulation No. 5(§ 3175.5):

Welding rod (arc welding electrodes andgas welding rod) used for manufacturingpurposes may not be treated as an operatingsupply under CMP Regulation No, 5 eventhough it is carried as an operating supplyunder established accounting practice,

A manufacturer may use the rating as-signed to him by OMP Regulation No. 5 to gobhis requirements of welding rod Xor repair-Ing his own equipment. He may not usethe rating to get his requirements of weldingrod for welding operations in the course ofproducing his product.

Issued this 26th day of June 1943,WAR PRODUCTION BOARD,


IF. R. Doc. 43-10305; -Filed, Juno 20, 1943t11:59 a. m.]

'PART 3274--MACHINE TOOLS AND INDUS-

TRIAL SPECIALTIES(Limitation Order L-402]

CHAIN

The fulfillment of requirements for thedefense of the United States has createda shortage of chain for defense, for priv-ate account, and for export; and the fol-lowing order is deemed necessary and ap-propriate in the public interest and to'promote the national defense:

§ 3274.77 Limitation Order L-302-()Definitions. For the purposes of thisorder:

(1) "Producer" means any person whomanufactures chain.

(2) - "Chain" means any welded orweldiess chain, excluding attachmentsother than repair links and excluding the-following types of chain:

Anchor chain (stud link).Band track chain.Bead chain.Buoy chain.Cast metal chain,Jewelry chain (for identification tags, cos.

tume Jewelry, etc.).Metal pickling chain.Pocket wheel chain.Sprocket wheel, hoist, and conveyor chain,

including ladder chain.Tire -chain.Universal chain.Welded brass chain.Welded sash chain.

(3) "Chain assembly" means any chainwhich has been cut by the producer to afixed length and assembled, with or with-out attachments, to fulfill a specific pur-pose.

(4) "Present manufacture" means asregularly manufactured by a produceron June 26, 1943.

(5) "PD-1X order" means any orderfor chain or any chain assembly now orhereafter placed with a producer by anyperson acquiring such chain or chain as-

8814


sembly-pursuant to a rating assigned onForm PD-X.

(6) "Other order" means any pur-chase order for chain or any chain as-sembly except PD-1X orders.

(b) Restrictions on manufacture ofchain. (1) Except as 1provided in para-graph (b) (2 hereof:(i) No producer shall commence proc-

essing any raw material into any chainor chain assembly which does not con-form to the types, sizes, specifications,and finish contained and prescribed inthe schedule attached hereto.

(if) No producer shall sell or make de-livery, nor shall any person purchase or-accept delivery of any chain or chainassembly which he knows or has reasonto believe was not manufactured in ac-cordanbe with this order.

(2) The provisions of paragraph (b)(I) shall not apply(i) To any chain or chain assembly

permitted by the schedule attached here-to processed from any raw material in aproducer's inventory on June 26, 1943. orreceived within 45 days after June 26,1943, provided that such raw material isnot suitable forprocessing into any chainor chain assembly permitted by theschedule attached hereto.

(ii) Ta any chain or chain assemblythe production of which has been com-menced prior to June 26, 1943.

(iii) To any completed chain or com-pleted chain assembly which was in anyperson's inventory in finished form onJune 26, 1943.

(iv) To special chain assemblies madeup to fulfill specific purp6ses which can-not be served by the types of chainassemblies permitted to be manufacturedby the schedule attached hereto. Suchspecial assemblies may be made only to2l a specific order placed by an ultimateconsumer and shall be made only out ofthose types of chain permitted to bemanufactured in the schedule attachedhereto.

(v) To any chain required for the re-pair or maintenance of existing chain orchain assemblies when such repair brmaintenance requires chain of speciallink dimensions not permitted by theschedule attached hereto.

(vi) To the carburizing or nitriding ofchain to meet individual specifications.

(vii) To any chain or chain assemblyproduced withspecific permission of theWar Production Board.

(3) Wherever on the bttached sched-ule with respect to any type of chain orchain assembly link dimensions arespecified as "present manufacture" eachproducer shall forthwith file with theWar Production Board, Tools Division,Reference: L-302, his established linkdimensions for such type chain or chainassembly. The producer may thereafterapply to the War Production Board forleave to amend such link dimensions, butunless and until such leave is granted bythe War Production Board in writing,such link dimensions in accordance withtheir present manufacture shall remainbinding upon such producer.(c) Allocation of production between

PD-1X orders and other orders. Com-mencing with the month of July 1943 andeach month thereafter, each producershall schedule his monthly productionand delivery thereof as follows:

(I) To the extent that he has PD-IXorders on hand, he shall Schedule be-tween 5 and 7 percent of his totalmonth-ly production in pounds of each type andsize of chain and chain a=emblies fordelivery against PD-X orders requiringdelivery in such month. No producershall schedule any order pursuant to thisparagraph (c) (1) unless It clearly ap-pears from such order that the ratingapplied thereto was assigned on FormPD-IX.

The sequence of deliveries on PD-1Xorders within the percentage limitationthereon which may be delivered in anygiven month shall be scheduled accord-ing to applicable War Production Boardregulations.

(2) To the extent that he has otherorders on hand, he shall schedule be-

..tween 93 and 95 percent of his totalmonthly production in pounds of eachtype and size of chain and chain assem-blies for delivery against other ordersrequiring delivery in such month.The sequence of deliveries on otherorders within the percentage limitationthereon which may be delivered in anygiven month shall be scheduled accord-ing to applicable War Production Boardregulations.

(3) Any portion of the percentage al-located to PD-X orders which has notbeen taken up by such orders on or be-fore the fifteenth day preceding the firstday of the month being scheduled shallbe scheduled for delivery against otherorders, and vice versa.

(d) Other allocation and schedulingdirections. With respect to any chainor chain assembly, the War ProductionBoard may, notwithstanding any otherprovision of this order:

(1) Direct the return or cancellationof any order on the books of the pro-ducer.

(2) Direct changes in the delivery orproduction schedule of a. producer.

(3) Allocate orders placed with oneproducer to another producer.

(4) Revoke any authorization to placean order granted pursuant to this gen-eral preference order.

(e) Reports. Each producer shall ex-ecute and file wuith the War ProductionBoard Form WPB-2064 and such otherreports and questionnaires as said Boardmay from time to time require, subjectto the approval of the Bureau of the

Budget pursuant to the Federal ReportsAct of 1942.

(f) Appeals. Any appeal from theprovisions of this order shall be made byfiling a letter In triplicate, referring tothe particular provision appealed fromand otatirig fully the grounds of the ap-peal.

(g) Applfcability of -regulations. Thisorder and all transactions affectedthereby are subject to all applicable pro-visions of the regulations of the WarProduction Board.

Ch) Communications. All reports, ap-peals, and other communications con-cerning this order shall be addressed to:War Production Board, Tools Division,Washington, D. C., Ref.: L-302.

Ci) Violations. Any person who wil-fully violates any provision of this order,or who, in connection with this order,wilfully conceals a material fact or fur-nishea.false information to any depart-ment or agency of the United States isguilty of a crime, and upon convictionmay be punished by fine or imprison-ment. In addition, any such person maybe prohibited from making or obtainingfurther deliveries of. or from processingor using, materlarunder priority controland may be deprived of priorities as-sistance.

Issued this 26th day of June 1943.WiAR PrFODUCrION BoMw,

By J. JosEPH WHSLA,Recording Secretary.

TAUE r-wnnmZ Z7= COn, CELU

Welded Lteel coil chain shlil be made onlyin the following types. Link design of a ltyp-e- hall be straight link except that Lib-erty col chain and Liberty machine chainmay ba made In both st-aight and twist lbkand Liberty truck chain may be made in twistlink only.

All types ohall be made out of open hearthsteel except that proof con chain may a1. oba made of wought Iron, high test chainchall be made only from carbon steelSAE-1018---SA-1040, inclusire, and alloystee chain may be made to individual cus-tomers' ,pecifications provided the end uzeIs one for which carbon steel chain orwrought Iron chain Is unsultable.

A producer may apply an oxide or phos-phato finish to any welded steel coil chinif required by Army, Navy, liaritime Cora-mis1on, or War Shipping AdministrationspecificatIonz for a specific order. Otherwise,finishe3 shall conform to this table.

All d=zes -pccifled are trade sizes.

Tyro a Link d r'n lRiah Pcrwttcd Zas

Proof cll chiln ...... Pcd. Sre,- ll-C-27i. . Slko!sdc : gIred.._.

lBB celcbhnl...... PrZ-atMnuz,'uze Sclf-ov!"'dcreanld_...

High tat chain ....... Frent msnuf:lure_ _ mnt!_I cl7y to removat=.

Alloy rtucl ln..

Ll tbty coil chin.....

Liberty machinech3ln.

Liberty truck chain.Hee coil chl ....

Peeing link Cha ....Side chain ........

Pr at innnlueclae.....rrsntaMnufsn ....

Presnat man ut xhin -

-1Y, X 21 (Pattern No. IZ,)=at N11 x 2y" (rattcrNeo. 121),

Preent mamu tu........in =nrdgne with Lmit.

tisa Ordcr L-:9, .ra-g~ph (d).

Tumb! d cnly to remao

vantz2A.

EMre!ed, rih t c: g. .

Sslf-coised esbrlght_....

91 i., Wi", i- fg" it"

6 '7 .U . ",r r',

iS1, 1:a.Ie'c, l ,I: "Io.N.V. P.-,G.

In r-mrd=c with Llmifastia Oraisr L-2, pan.-usolh (d).

SS15


TABLE If-WROUGHT IRON DEDGE OR CRANECHAIN

This chain shall be made only from doublerefined wrought iron bars; bars to be madefrom all pig-puddled or processed wroughtiron and free from iron scrap or steel. Inthe final piling all bars shall belthe fulllength of the pile; the original muck barsshall be piled, rolled, repiled and rerolled.

The maximum manganese content per-mitted Is 0.06%.

Finish shall be self-colored.In addition to the folbwing pIermitted

link dimensions, this chain may be madewith link dimensions conforming to Fed.Spec. RR--C-271 and Navy Specification42-C-19.

Permitted Link Dimensions (tolerance allowed -4%)

Trade size Outside Outside Inside InsideTraehes) length width length width(iziehes) (inches) (inches) (inches) (fnches)

2212 214 litl2 1%40i ....... .."13/li lyo H

4........... 3ji 2 11mo Idsi .............. 4ts 3HO 2% 1141...-------. 5 3t3e 214 1N114... ---------- o 4140 3 114

..-.--------- 0 4%6 314...-- -------- Ol 4%li 31 1Y61% . ........ 6'Ho 41%6 3% l16.......... 71os

534 44 26

1j...--------S .. e tMe 4%- 2!4

2IN6-....-------l~ 7le 6M 154 2142 -.....------- 91eo 6% 5 22 ...... 101se 7Mo 6%- 2A2 4 . ...... .. 11ua 7 id 6% 32 j -.-.------- 11% 71%s 6% 39

2 ....... 1211c So 7 3%

TABLR Ill-WELDED STEEL CHAIN AND WELDEDIRON CHAIN ASSEMBLIES

All welded steel chain and welded Ironchain assemblies shall be made only fromthose types of chain permitted to be manu-factured In Tables I and II and shall befurther limited in sizes and specifications asstated below.

Sling Chains

Steel sling chains shall be made out ofthose types of steel chain permitted inTable I.

Wrought iron sling chains shall be madeonly from wrought iron dredge or crane chainas permitted In Table II.

No special sling chain assemblies shall bemade except where these are permitted byparagraph (b) (2) (iv).

Railroad Brake Chains

'Shall be made from proof coil chain; tradesizes, ",bo", " 2 i"6", %", 3/4vg-

Finish: Self-colored.-

Railroad Safety Chains

Shall be made from proof coil chain; tradesizes: 2/', %6o", %ll, % 7/s 1", 1W'," iy/ ".

Finish: Self-colored.

Railroad Switch Chains

Shall be made from proof coil chain; tradesizes: %", %". ye", 1".


Boom and Rafting Chains

Shall be made from proof coil chain; stylesas presently manufactured by the producer;sizes: As the purchaser may require,


Chain Dogs

Style A, plain points.Finish: Self-colored.Link size: tie". "Blade size: /" x 11/4" x-6"1 to ..

Ring Dogs

Style C, round ring, plain point.Finish: Self-colored.Ring size: %" x 3".Blade size: %" x I%" x 6" to 6 ".

Log Chains

Shall be made from .proof coil chain; tradesizes: 4", i4", %", ".

May be made only in 14-foot lengths inpattern 120 with grab hook on one end, sliphook on other end, no swivel.


Towing Chains. (excluding Special River TowChains)

Shall be made from proof coil, BBB, or hightest chain; sizes as presently manufacturedby producer.

Wagon Chains

Finish on all wagon chains shall be self-colored.

Wagon end gate chains: Shall be madefrom proof coil chain; sizes: 'A", tie", ".7,e", J".

Anti-spreader chain: Shall be made from#2/0 straight link Liberty coil chain; lengths38" and 42".

Wagon stay chains: Straight link, lengthas required; exact sizes: i;", ".

Wagon tongue or pole chain: Regular pat-tern; exact sizes: 5ile", ".

Wagon stretcher chain: Regular pattern;exact sizes: ido", %".

Wagon lock chain: Straight link; exactsizes: %ie", 99".

NoTE: Link dimensions of wagon staychains, wagon tongue or pole chain, wagonstretcher chain, and wagon lock chain arenot required to conform to Table I.

Harness Chains

Finish on all harness chains shall be bright.The following harness chains only may be

made:Trace chains: Ring and hook patterns

without swivel; may be made to the follow-ing two specifications only:

(a) Body links shall be made of ti4" sidechain. End links are limited to six, and theirdimensions shall be as follows: VV" (exactsize) x %" ,: 2Y" (inside). Ring dimensionsshall be "%6" (exact size) x 1%" (inside).This size trace chain may be made in thefollowing lengths: 6/', 7', 7V'.

(b) Body links shall be made of ,2" sidechain. End links are limited to six, and theirdimensions shall be as follows: %2" (exactsize) x " x 21" (inslde)

. Ring dimensions

shall be s2" (exact size) x 1%" (inside).This size trace chain may be made in thefollowing lengths: 7', 7h', 8'.

Stage traces: Regular pattern, no swivelpermitted; m: be made only from #5/0twist link Liberty coil chain in 42" length.

Butt chains: Regular pattern, no swivelpermitted; hook or ring permitted on oneend; may be made with four end links Inthe following length chains:-24", 30". Bodylink, end link, and ring dimensions shall bethe same as permitted for trace chains.

Breast chains: Pattern No. 220; tradelengths 28" and 32" permitted.

Single breast chains: Patterns No. 155;trade size No. 2; length 261l.

Cart back chains: As presently manufac-tured.

Hobble chains: Coast pattern; size No. 2;length 10"; Dee size 1F4".

Heel chains: May be made in the followingtrade sizes, with the number of links speci-fied: No. 45-4, 6, and 8 links; No. 52-4, 6,and 8 links; No. 66-6 and 8 links. No. 45may have Dees of the following sizes: 1/",

1 3/4 ", 2't.

Animal Tethering Assemblies

Finish on all animal tethering amembliesshall be bright. Patterns, sizes and lengthspermitted only as specified.

Cow ties: Ohio pattern and open ring pat-tern. Ohio pattlrn sizes #2/0 (length4Y2'), #3/0 (leng h 8'). #5/0 (length 5 '),#7/0 (length 6'). Open ring pattern #2/0only, In 3', 3 2', and 4

1/' lengths.Halter chains: Regular pattern, in sizes

#1/0 and #3/0; 42' and 6' lengths per-mitted.

Choke collar chains: May be made onlyfrom #3 twist link Liberty machine chainIn such lengths as are required.

Chain Repair Parts

The following repair parts may be madeaccording to the specifications provided:

Repair or lap links: Finish-bright or gal-vanized; end open pattern-714" x 100, 16" x12/4" (trade size 10-3), 1/, x 1/4" (tradesize 10-2), t%2," x 1/41" (trad-size 10-1),tise" x 1%1", %" x 2", 1" x 22/"; side openpattern-%"- x 2 ".

"C" links: Plain pattern, bright fiilsh: size1/2-" ; 21/2".

Cold shuts: No. 1 and No. 3 patterns, fin-Ish self-colored; sizes as required.

TABLE V-WLDLESS coM chIMt

Weldless coil chair shall be made only inthe following types and sizes, Material andfinish on such chain may be as specified bythe purchaser. Types refer to classificationof types In Federal Specification RR-C-271.

(a) Wire Chain

Type Permitted sizes

Class 1 (single-loop #4, #2, #1/0, #2/0,pattern) chain, #3/0, #4/0, #5/0,

#6/0, #7/0Class 2 (double-loop #7, #4, #3, #2, #1,

pattern) chain, style #2/0, #4/0, #0,1. #8/0, #10/0

Class 2 (double-loop #4, #2, #1/0, #2/0,pattern) chain, style #3/02.

Class 7, single Jack #10, #18, #10, #14,chain. #12, #10, #0, #0,

#5Class 8, double Jack #19, #18, #10, #14,

chain. #12, #10Class 10, register chain #18, #10, #14, #12,

(safe chain). #10Pump chain --------- #61 (b) Flat Metal Chain

Class 3, sash chain.... #8, #8B, #26, #00.#36, #40, #46,#50, #00, #05

Class 4a, fiat link #31, #33, #35, #12,(long pitch) and #01/, #91, #0,Class 4b, fiat link #7, #3, #113,(short pitch) chain #330, #350, #4-0

Special, #210,#280

Class 6, safety chain #00, #0, #1(plumbers chain).

TABLE v-vELDLESS CHAIN AsML=nm

All weldless chain assemblies shall be madeonly from those types of chain permittedto be manufactured in Table IV and shall befurther limited in sizes and specifications asstated below. Weldless chain assemblies maybe finished as specified by the purchaser.

Tie out chains: Double-loop pattern chainonly may be used; sizes #1 and #2/0 only:permitted lengths 20' and 30' only. Linkdimensions on tie out chains may exceedregular dimensions foritheso sizes in double-loop pattern chain.Halter chatne: Double-loop pattern chain

only may be used; sizes #1, #2/0, #4/6,and #6/0; permitted lengths

42' and 6'.

8816

FEDEIRAL REGISTER, Tuesday, June 29, 1913Cow ties: Ohio pattern; may be made out

of double-loop'pattern chain only with orwithout swivel; size #2/0 only; permittedlength 4%'.

Anti-spreader chains: Double-loop patternonly may be uded; size -2/0; permittedlengths 38" and 42" only.

Kennel chains-: Double-loop pattern onlymay beused; size #2/0; permitted lengths6' and 9'. Kennel chains may be manufac-tured only for 'lse with work dogs employedfor purposes of training or hauling sledges,

IF. R. Doc. 43-10306: Filed, June 26, 1943;11:58 a.n.] -m-

PAnT3277-LAa oA oa[Pieference Rating Order P-43, as Amended

June 26, 1943]

" For the purpose of facilitating theacquisition of material for laboratoriesand to promote the national defense,preference ratings and an allotmentsymbol are hereby assigned to deliveriesof such materials under the terms andwithin the limitations hereinafter setforth: - *

§ 3277.1 Preference Rating OrderP-43-fa).Defnitions. For thepurposesof this order:.

--(1) "Laboratory" means any personengaged in the business of carrying onscientific or technological investigation,testing, development or experimentation,to the extent that he is so engaged. Theterm includes research laboratories, pro-duction control laboratories, testing lab-oratories, analytical laboratories, clini-cal laboratories, and instructional labo-ratories. It does not include any personto the extent that he is engaged in themanufacture of products for commercialsale, even though the place in which theproducts are manufactured may be calleda laboratory. "Serial-numbered labora-tory" means a laboratory which has beenassignMd a serial number under this orderby the War Production Board pursuantto application on Form WPB--167 (for-merly Form PD-107). (Application fora serial number must be made in accord-ance with the terms of paragraph (e) ofthis order.) ,Nn-serial-numberedlab-oratory" meansany laboratory otherthan a serial-numbered laboratory.

(2) "Material" means any commodity,equipment, accessory, part, assembly orproduct of any kind. The term includes,but is not limited to, maintenance, re-pair and operating supplies for labora-tories, equipment and instruments de-signed for use in laboritories, and othermaterials needed to carry on scientificor technological investigation; testing,development or experimentation. Theterm does not include chemicals pre-parec and packed for reagent use, whichmay be obtained in the manner providedin Order P-135.

(b) Method of obtaining controlledmateriqls--() Steel and copper. Anylaboratory needing any controlled ma-terial (as defined in CP Regulation 1),except aluminum, for carrying on scien-tific or technological investigation, test-ing, development or -experimentation,may obtain the same by using the allot-ment symbol MRO-P-43 and by placingon his purchase order substantially the

No. 127---6

certification set forth in paragraph (d)of this order (or the alternative form ofcertification provided in CMP Regulation7). The allotment symbol assigned bythis paragraph (b) constitutes an allot-ment symbol for the purposes of COPRegulation 3, and an order fol controlledmaterial bearing the certification setforth in paragraph d) constitutes anauthorized controlled material order.

(2) Aluminum. W1) Any laboratoryneeding aluminum in any of the formsor shapes constituting a controlled mate-rial, for carrying on scientific or tech-nological investigation, testing, develop-ment or experimentation, where the useof other materials is impracticable, mayobtain the same from a controlled mate-rials producer or from a distributor spe-cifically authorized by the War Produc-tion Board to engage In tile businezs ofreceiving aluminum for sale or resale, inan amount of not to exceed 100 poundsfrom all sources during any one calendarquarter: Provide(', That any order placedpursuant to this paragraph (b) (2) shallbe accompanied by the following certifi-cation (or the alternative form of certi-fication provided in CMP Regulation 7),signed manually or as provided in Priori-ties Regulation 7:

CNP allotment symbol LMRO-P43. Theundersigned certifies, cubcta to the criminalpenalties for missepre-entation contained insection 35 (A) of the United Statc CriminalCode-. that the materials covered by tL orderare required to can-y on rcientific or techno-logical investigation, testing, development orexperimentation; that the usa of other mate-rials for such purpeses is Impracticable; thatthe amount of aluminum covered by thisorder together with the other amount 're-celved by. or on order for delivery to theundersigned, from all courcs, for such pur-poses during the mine quarter, will not ex-ceed 100 pounds: and that this order Is placcdin compliance with Preference Rating OrderP-43.

Naws ----. - -... -. --By-__ _ -: . . . .

Authorlzsd OiaclDate.....-...

Any producer or warehouse receivingan order bearing such certification shallbe entitled to rely thereon and may fillthe order, unless he knows or has reasonto believe the certification to be false.An order bearing such certification con-stitutes an authorized controlled mate-rial order.

(i) Any laboratory needing aluml-num in any of the forms or shapes con-stituting d controlled material inamounts aggregating more than 100pounds from all. sources during any onecalendar quarter for carrying on sclen-tific or technolo.ical investigation, test-ing, development or experimentation,where the use of other materials for suchpurpose is impracticable, may apply foran allotment of the amount thereof inexcess of 100 pounds during any one cal-endar quarter by letter addressed to theAluminum and Magnesium Division,War Production Board, Washington,D. C., Ref: LAB. The letter should con-tain substantially the information calledfor by paragraphs d) (1) to d) (6) ofSupplementary Order M-1l, a amendedMarch 10, 1943. If the application isgranted, the applicant will receive an

allotment number or symbol, and mayplace an authorized controlled materialorder by endorsing his order with suchallotment number or symbol and the cer-tification prescribed in paragraph (s) (3)of CMP Regulation 1 or in CMP Rg-ula-tion 7, executed as provided in suchregulations.

Cc) Metd of obtaining materialsother than controlled materials. Lab-oratories needing any materials otherthan controlled materials (regardless ofwhether such other materials are ClassA products,.Class B products or otherproducts or materials) for carrying onsclentific -or technological investigation,testing, development or experimenta-tion, are hereby assigned preference rat-inas for deliveries of such materials asfollows:(1) Serial-numbered laboratories and

laboratories owned or operated by theArmy or Navy of the United States:AA-1.

(2) Non-serial-numbered laborato-ries: AA-2.

A laboratory may apply the preferencerating hereby assigned by placing on hispurchase order substantially the certifi-cation set forth in paragraph (d) of thisorder (or the alternative form of certifi-cation provided in CMP Regulation 7).

Cd) Method of using allotment symboland of appling and extending prefer-ence ratings. (1) A laboratory may usethe allotment symbol assigned by para-graph (b) (1) of this order and may ap-ply the preference rating assigned byparagraph c) of this order by placingon his purchase order substantially thefollowing certification (or the alterna-five form of certification provided inCMW Regulation 7), signed manually oras provided in Priorities Regulation 7:

Preference rating -. ; CAIP allotmentsymbal LMO-P-43; SmrIal. No. _ (sho=rsrial number under P-43. if one has beenassi cd). The undersigned certifies, sub-L'cb to the criminal p2naltfes for misrepre-cntatlon captained in section 35 (A) of theUnited States Criminal Coda, that the itemscovered by this order are required to carryon c entlic or technological investi-ation.testing. development or experimentation, andthat this order i- placed in compliance wzithPreferenca Rating Order P-43.

By-Authorized Offcial.Date- _ -..

(2) A purchase order bearing theabove certification shall have the statusof a purchase order bearing a preferencerating with an l:lotment sybol as pro-vided in CMP Regulation 3. A personwith whom a purchase order is placedbearing a preference rating assigned bythis order may, subject to the limitationscontained in CTMP Regulations 1 and 2,extend the rating in the manner pro-vided in CM'1P Regulation 3 (using theendorsement therein specified or the al-ternative form of certification providedin CMP Regulation 7).(e) Assignment of serial numbers.

Any laboratory desiring a serial numberunder this order may apply to the WarProduction Board on Form W1=B-!67(formerly Form PD-107), n triplicate.for the assignment of a serial number.Serial numbers vl be assigned only to

881i

FEDERAL REGISTER, Tuesday, June 29; 1943

laboratories which are engaged in re-search or production control activities

cich are essential to the prosecution ofhe war. Serial numbers which hereto-

fore have been assigned or hereifter areassigned to any laboratory may be re-voked by the War Production Board atany time.

(f) Reports by serial-numbered labo-ratories, On or before July 15, 1943, andon or before the 1st day of every calen-dar quarter after July 1, 1943, unless-otherwise directed by the War Produc-tion Board, each serial-numbered labo-ratory shall file with the War. ProductionBoard a report on Form WPB-167, set-ting forth the principal activities of thelaboratory and all other information re-quired by the form.

(g) Limitation on use of preferenceratings. The preference ratings assignedby this order shall not be applied or ex-tended to the delivery of any item ap-pearing on List A, B or C of PrioritiesRegulation 3, except as specifically per-initted in List B with respect to labora-tory Instruments and equipment.

(h) Effect on other orders. (1) Exceptas otherwise provided herein, nothing inthis order shall be construed to relieveany laboratory from complying with anyaliplicable regulation or order of the WarProduction Board (including orders inthe "E", "L" and "M" series) or with anyorder of any competent authority. Spe-cifically, the assignment of preferenceratings and an allotment, symbol by thisorder does not relieve any laboratoryfrom complying with the provisions ofLimitation Order L-144 with respect tolaboratory equipment (as defined there-In).

(2) The quantity restrictions set forthIn paragraph (f) of CMP Regulations 5and 5A shall not be applicable to anylaboratory obtaining material under thisorder.

(i) Inventory restrictions. No labora-tory shall at any time accept delivery ofany material (whether or not such mate-rial Is obtained pursuant to this order) Ifthe laboratory already has a practicableminimum working inventory'thereof orIf the acceptance of the material willcause such laboratory to have an inven-tory of the material in excess of a prac-ticable working-minimum, as provided insection 944.14 of Priorities Regulation 1.Furthermore, no laboratory shall. acceptdelivery of any controlled material if ac-ceptance of the controlled material wouldcause him to violate the inventory limi-tations of CMIP Regulation 2.

(j) Use of other ratings or allotmentnumbers or symbols. Nothing containedin this order shall prevent any laboratoryfrom using any ratings or allotmentnumbers or symbols which he may be en-titled to use by reason qf any preferencerating certificate or any other order orregulation of the War Production Board;but the ratings assigned by this ordershall be effective, notwithstanding theprovisions of paragraph (k) (1) of CMPRegulation 5 and paragraph (1) (1) ofCMP Regulation 5A.

(k) Penalties for misrepresentation ordiversion. (1) The placing of any orderbearing a certification or symbol as pro-,

vided by this order shall constitute a rep-resentation, subject to the criminal pen-altie: of, section 35 (A) of the UnitedStates Criminal Code' (18 U. S. C. 80),that the person placing the order is en-titled, under the terms of this order touse of the -symbol or preference ratingindicated thereon.

(2) No person shall use for any pur-pose'other than the carrying on of scien-tific or technological investigation, test-ing, development or experimentation,any material obtained .under this order,nor use any material obtained under apreference rating assigned by this orderfor a purpose to which a lower rating, orno rating, is assigned. Any such use shallconstitute a crime punishable by fine orimprisonment or both. Physical segrega-tion of inventories is not required, butthe restrictions applicable to any specificlot of material or product must be ob-served with respect to an equivalentamount of the same material or product.

(1) Records. Each laboratory acquir-ing materials pursuant to this order shallkeep and preserve, for a period of notless than two years, accurate and com-plete records of all materials so acquired.Such records shall, upon request, be sub-mitted to audit and inspection by a dulyauthorized representative of the WarProduction Board.

(m) Communications to War Produc-tion Board. All communications con-cerning this order and all applicationsand reports shall, unless otherwise di-rected, be addressed to: War ProductionBoard, Safety and Technical EquipmentDivision, Washington, D. C., Ref: P-43.

Issued this 26th day of June 1943.WAR PRODUCTION BoAnD,

By J. JOsEPH WHELAN,Recording Secretary.

[P. R. De. 43-10307; Filed, Jung 26, 1943;11:58 a. m.1

PART 1042-ImpoRTS or STRATEGICMATERIALS

[General Imports Order I-63 as AmendedJune 28, 1943]

§ 1042.1 General Imports Order M-63-(a) Definitions. For the purposesof this order:(1) "Person" means any Individual,partnership, association, business trust,Corporation, or any organized group ofpersons, whether or not incorporated.

(2) "Owner" of any. material meansany person who has any property inter-est in such material except a personwhose interest is held solely as securityfor the payment of money.

(3) "'Consignee" means the person towhom a material is consigned at the timeof importation.

(4) "Import" means to transport Inany manner into the continental UnitedStates from any foreign country or fromany territory or possession of the UnitedStates (including the-Philippine Islands).It includes shipments into a free port,free zone, or bonded custody of theUnited States Bureau of Customs(bonded warehouse) in the continentalUnited States and shipments in bond

into the continental United States fortransshipment to Canada, Mexico, or anyother foreign country.

(5) "Place of Initial storage" meansany warehouse, yard ground storage, orother place, to which the person makingthe entry or withdrawal from custody ofthe United States Bureau of Customs of

,-material imported subject to this orderdirects or has directed that such materialbe transported from the port of entry tobe held until disposed of pursuant to thisorder.

-(6) Material shall be deemed "in tran-sit" if it is afloat, If an on board oceanbill of lading has actually been Issuedwith respect to it, or If it has actuallybeen delivered to and accepted by a rail,truck, or air carrier, for transportationto a point within the continental UnitedStates.- (7) "Governing date" with respect toany material means the date when suchmaterial first became subject to GeneralImports Order M-63.

(b) Restrictions on imports of mate-rials-(1) General restriction. No per-son, except as authorized In writing bythe War Production Board, shall pur-chase for import, import, offer to our-chase for import, receive; or offer toreceive on consignment for import, ormake any contract or other arrangementfor the importing of, any material sub-ject to this order after the governingdate. The foregoing restrictions shallapply to the importation of any materialsubject to the order, regardless, of theexistence on the governing date or there-after of any contract or other arrange-ment for the importation of such mate-rial. The materials subject to this orderare those listed from time to time uponList I, List II, and List 311 attachedhereto..

(2) Authorization by War Produc-tion Board. Any person desiring suchauthorization, whether owner,* pur-chaser, seller, or consignee of the mate-rial to be Imported, or agent of any ofthem, shall make application therefor Induplicate on Form PD-222C, addressedto the War Production Board, Ref.:M-63, Washington, D. C. Unless other-wise expressly permitted, such author-ization shall apply only to the particularmaterial and shipment mentionedtherein and to the persons and theiragents concerned with such shipmentsit shall not be assignable or transferableeither in whole or in part.

(3) Restrictions on financing of Im-ports. No bank or other person shallparticipate, by financing or otherwise,in any arrangement which such bank orperson knows or has reason to know In-volves the importation after the govern-ing date of any material subject to thisorder, unless such bank or person eitherhas received a copy of the authorizationissued by the War Production Boardunder the provisions of paragraph (b)(2) or is satisfied from known facts thatthe proposed transaction comes withinthe exceptions set forth In paragraph(b) (4).

8818


(4) Exceptions. Unless otherwise di-rected by the War Production Board,the restrictions set forth in this para-graph (b) shall not apply:(i) To the Board of Economic War-

fare, Commodity Credit Corporation,Metals Reserve Company. Defense Sup-plies Corporation, or any other UnitedStates governmental department, agency,or corporation, or any agent actingfor any such department, agency, or cor-poration; or

Gii) To any material of which anyUnited States governmental department,agency, or corporation is the owner atthe time of importation, or to any ma-terial which the owner at the time ofimportation had purchased or otherwiseacquired from any United States gov-ernmental departmefit, agency, or cor--poration; or

(iii) To any material which on thegoverning date was in transit to a pointwithin the continental United States,

(iv) To materials imported by mailwhere the value of the shipment is lessthan $100.00; or(v) To materials consigned as gifts or

as samples, or for use as samples, orimported for personal use, where thevalue- of each consignment or shipmentis less than $200.00; or

(vi) To materials consigned as giftsfor personal use by or to members ofthe Armed Services of the United States.

(vii) To any material on List I or List3I imported by any person under anycontract or other arrangement made be-fore, or in existence on the governingdate and which, on-December 28, 1942,was in transit to a point within the con-tinental United States.

(c) Restrictions on disposition of ListZ -material. Except as hereinafter spe-cifically provided in paragraph (d) here-of:(1) Restrictions upon owners and con-

-gnee& No owner or consignee of anymaterial on List I which is imported afterthe governing date shall in any way, di-rectly or indirectly:(i) Dispose of any interest in such

material;(ii) Process or in any way change the

physical condition of such material;(iiI) Transfer possession, or cause or

permit a transfer of possession, of suchmaterial except to the port of entry andfrom the port of entry to the place of in-itial storage of such material; or

(iv) Change, or cause or permit achange of, the location of such materialexcept to the port of entry and from theport of entry to the place of initial stor-age of such material.Provicd: That a consignee of such ma-terial may dispose of his interest in suchmaterial to the extent necessary to com-.plete any commitment or contract madeprior to the governing date. The personto whom he disposes of such interestshall be subject to all restrictions im-posed upon owners by this order.

(2) Restrictions upon banks and per-sons similarly situated. No bank orother person which, as agent, pledgee,beneficiary under a trust receipt, orotherwise, has possession of or any in-terest in any written instrument evidenc-ing any interest in any material on ListI shall in any way, directly or indirectly,

dispose of, any such interest, or transferpossession, or cause or permit a transferof possession, of such instrument, unless:

l) Such material was imported beforethe governing date; or

(if) Such person neither knows norhas reason to Imow that such mate-rial was imported after the governingdate; or

(iII) Such disposition or transfer Isnecessary to permit a consignee to makea permissible disposition of material inaccordance with subparagraph (1) ofthis paragraph (c); or

(iv) Such disposition or transfer Ismade to the owner of the material andsuch owner has complied with all theprovisions of this order.

(d) Permissible disposition of List Imaterials - (1) Transfer to govern-mental agency. Nothing contained inthis order shall prohibit an owner orconsignee of any material on List I im-ported after the governing date, or abank or other person having possessionof, or an interest in, a written instru-ment evidencing an interest in such ma-terial, from disposing of, or making anyarrangement to dispose of, any interestin such material to the Board of Eco-nomic Warfare, Commodity Credit Cor-poration, Metals Reserve Company, Da-fense Supplies Corporation, or any otherUnited States governmental department,agency, (r corporation.

(2) Authorization by War ProductionBoard. Notwithstanding the provisionsof paragraph (c), an owner or con-signee of material on List I im-ported after the governing date or abank or other person having possessionof or an interest in a written instrumentevidencing an interest in such material,may process such material or may disposeof any interest in such material or anysuch written instrument, or transfer pos-session or change the location thereof, orcause or permit such a transfer of pos-session or change of location, upon writ-ten authorization by the War Produc-tion Board. Any such person maymake application in duplicate for suchan authorization on Form PD-222A,which form shall be addressed to theWar Production Board. Ref.: U-63,Washington, D. C.

(3) Exceptions. The restrictions setforth in paragraph (c) shall not applyto any.material after any United Statesgovernmental department, agency, orcorporation becomes the owner thereof,and shall not apply to any material ofwhich any United States governmentaldepartment, agency, or corporation Isthe owner at the time of importation,and shall not apply to any material pur-chased or otherwise acquired from anyUnited States governmental department,agency, or corporation.

(e) Restrictions on disposition of ListlI or List Ill material. Unes otherwiseprovided by the terms of the authoriza-tion issued pursuant to pararph tb)(2), any material on List II or List I,which is imported in accordance withthe provisions of this order after thegoverning date, may be sold, delivered,processed, consumed, purchased, or re-ceived without restriction under this

order, but all such transactions shall besubject tG all applicable provisions of theregulations of the War ProductionBoard and to all orders and directionsof the War Production Board which nowor hereafter may be in effect with respectto such material.

(f) Reports-(l Reports on customsentry. No material which is importedafter the governing date, including ma-terials imported by or for the accountof the Board of Economic Warfare, Com-modity Credit Corporation, Uetals Re-serve Company, Defense Supplies Cor-poration, or any other United Statesgovernmental department, agency, orcorporation, shall be entered throughthe United States Bureau of Customs forany purpose, whether for consumption,for warehouse, in transit In bond, forre-export, for appraisal, or otherwise.unle3s the person making the entry shallfile with the entry Form PD-222B induplicate. The filing of such form acecond time shall not be required uponany subsequent entry of such materialthrough the United States Bureau ofCustoms for any purpose: nor shall thefiling of such form be required upon thewithdrawal of any material from bondedcustody of the United States Bureau ofCustoms, regardless of the date whensuch material was first transported intothe continental United States. Bothcopies of such form shall be transmittedby the Collector of Customs to the WarProduction Board, Division of Stock-piling and Transportation, Ref.: M-63,Washington, D. C.

(2) Other reports. All persons hav-ing any interest in, or taking any actionwith respect to, any material importedafter the governing date, whether asowner, agent, consignee, or otherwise,shall file such other reports as may berequired from time to time by the WarProduction Board.

(g) Routing of communications. Allcommunications concerning this ordershall, unless otherwAse herein directed, beaddressed to: War Production Board,Washington, D. C.. Ref.: M-63.

(h) Violations. Any person who wil-fully violates any provision of this order,or who, in connection with this order,wilfully conceals a material fact or whofurnishes false information to any de-partment or agency of the United Statesis guilty of a crime, and upon convictionmay be punished by fine or imprison-ment In addition, any such person may-be prohibited from making or obtainingfurther deliveries of, or from processingor using, material under priority assist-ance.

(U) Applicability of priorities regula-tions. This order and all transactionsaffected thereby are subject to all appli-cable provisions of the priorities regula-tions of the War Production Board, asamended from time to time.

Issued this 28th day of June 1943.WAR RODUCTIO? BOsA,

By J. JoSEPH WHEM,Recording Secretary.LIST I

No=: Items "Alpargatas," "Feathers forbcdy," addd, "Geozedovn" revoked June 23,19-2.

8S19


The numbers listed after the followingmaterials are commodity numbers takenfrom Schedule A, Statistical Classification ofImports of the Department of Commerce(issue of January 1, 1943). Materials are in-cluded in the list to the extent that they arecovered by the commodity numbers listedbelow. If no commodity number is listed,the description given shall control.

Com-Material merco Govern-

Import Ing dateClassNo.

Agave manufactures and seml-manufactures:

Sisal corda'e, including cables,tarred or untarred" composedo 3 or more strands, eachstrand composed of 2 or moreyarns -------------------------

Carpet yarns o1 agave, dyed orundyed---------------

Cordage of agave fibers, otherthan sisal ---------------------

Cords .nd twines of agave fibers-.Fabrics woven of agave fiber ----Other manufactures (including

all products in whole or in partof agave fibers) ---------------

Albarco logs -----------------------Albarco lumber -------------------

Alpaca llama, and vicunahair- .....

4lpargatas ------------------------Asphalt ---------------------------

Beef and mutton tallow-includesoleo stock -----------------------

Bcl and mutton tallow (inedi-ble)--lncludes oleo stock .......

Brazlian pebble (quartz crystals),unmanufactured ------------ .

Brazilian pebble (quartz crystals)manufactured and somimanu-factured In blanks, slabs, bars,etc ------------------------------

Bristles, hog and pig ...... ----....

Broomeorn -----------------------Cacahuananchooll ................Cacahuanancho seeds ......------Castor beans --------------- .......Cedar, Spanish:

Logs --------------------------Lumber rough, not further

manufactured than sawed,and flooring -----------------

Lumber, dressed, not furthermanufactured than planed,tongued. and grooved.

Chrome ore (Chromite) ........

Cinchona bark or other bark fromwhich quinine may be extracted..

Cod oil ----------------------------Coir fiber --------------------Coir yarn ------------------------Coir manufactures, other than pile

mats, floor coverings, mailings,etc----------------------

Columbiumore (columbito) or con-centrates ------------------------

Cottonseed oil, crude, refined ....

Divi-divi pods----------- - 23Divi-divi, hemlock and chestnut

extracts ------------------------ 2Feathers for bds (Including goose

and duck feathers and down, andmixtures thereof, new and used)- 0

,

Flasseed (linseed)------------Graphite or plumbago:

Amorphous, natural (except ofMexican origin) ------------

Crystalline flake ----- .-------5Crystalline crucible lump andchip graphite ----------------

Crystalline, dust and othercrystalline lump.and chipgraphite ---------------------

Hemp (Canabis Sativa type only),unmanufactured:

Hackled, including "line ofhemp ------------------ 3

Not hackled -------------- :.. 3:Tow --------------------------- 3

1 Moved from List II 4/28/432 Moved from List III 1/18/43

Moved from List II 1/23/42' Moved from List III 4/28/436Moved from List H 5/14/43

3417.0103417.110

N. S.C.

N. S.C.N S.C.N. S. C.

N.S.C.N S.C.N S.C.3535.00-353.00

Inc.0369.5005078. 100507. '005394. COO

CO36. C

0811. Coo

5120.6C0

N. S.0.0917.000,0979. IOL2V36.000N.S.0.N.S.C.223L 000

4032.000

4202. 000

N.S.C.0213. 30o6213. 3006213.500

2201. COD0804.CO3409.0003420.000

N. S.C.

6270. CO1423. I001423. 200

120. 140

145.000

922.20033. 000

730. IG730. L00

730. 610

730. n

11/18/431/18/43

17/21/42

'1/18/4311/18/43I9/111A2

11/181431/181431/18/43

27/2/420/281437/2/427/21427/2142

512/21

8/22/42

10/6/42

10/6/4233/14/4233114/42

'11/23/421/18/43214'4/8/42

4/28/43

4/28/43

4/28/43- 1228/41812/28/415 12/28/4

t/22/425/22/42

11/231/4211/23/42

11123/42

4/&42-/22/425/22/427/2/42

7/2/42

6/28/4S6/22/42

4/814212128/41

4/1/42

4/8/42

263.000 911142263.200 9111142263. 300 9/11/42

Material

Hides and skins:Deer: buck or doe -------------- 0

Horse mane and tail hair, raw anddrawn. including switches --------

- 3Ipecac, crude and advanced in

value or condition ---------------

Lao: crude, seed, button and stick..Lardoil ----------- -------------Lard (including rendered pork fat).Lard compounds and lard substi-

tutes made from animal or vege-table oils and fats -------------- 0

Leather, unmanufactured ----------

Linseed oil, and combinations andmixtures, in chief value of suchol -------------------------------

Macauba oil --------------- ------Manganese ore (including ferrugi-

nous)' or concentrates, and man-ganiferrous Iron ore, containing35 percent and over of mauganese-

Mangrove bark ------------- : ------Mangrove extract (including Phil-

ippine cutch) --------------------Mlurn muru nut oil ---------------Myrobalan fruit and extract -----

Netisfoot oiland animal olsknownas neatsfoot stock --...----------

Oleo ol ---------------------------Palmyra fiber, unmanufactured..-.Palmyra fiber, manufactured In

whole or in part, Including has-sine -----------------------------

Palmyra stalks --------------------Peanut (ground nut) oil ----------Peanuts:

Shelled ----------------------------Not shelled ---------------------

Prima Vera:Lg- -------------

Lumber, rough, no t fu-rth'er man-ufactured than sawed, andflooring --------------------

Lumber, dressed, not furthermanufactured than planed,tongued, and grooved-.--

Pyrethrum or insect flowers-.Pyrethrum, or insect flowers, ad-

vanced in value or condition.. -Qu-bracho xtract ------------uebracho wood ----------------apeseod -------------------------

Red squill- .------------...........Rotenone bearing rcotr (cubo root

(timbo or barbasco) deTils andtubal crude and advanced .....

Rubbe, seed ---------------Rubber seed oil ............Rutile ----------------------------Scaloil --------------- -Sesame oil, edible and inedible ....

Sunflower oil,edibleend denatured.

Sunflower seed ---------- & ----------Tanning extracts not specially

provided for (includingumonday).Tantalum ore (tantalite) .-......Tara -----------------Tucum oil --------- -....Valonla beards and valonia extract.

Vegetables, dehydrated -------Vermiculite ------ ......-------Wattle bark ----------------.----Wattle extract ------------- .----Whale oil (other than sperm .....Wool grease, including degras or

brown wool Preaso (all grades)....

Wrist chronographs, incorporatinga watch movement-in combina-tion with a timer movement,having a pillar or bottom plateless than 1.5 inches in'width, asdefined In subparagraph 367 (h)of the Tariff Act of 1930 ......

Zirconium ore -----------------

Com-merceImport

ClassNo.

293.100694.000194.100210.45020. 170105.000

I. S.C.036.000

)036. 101100.100-O345.900

inc

2254.000N.S. .

6211. 2000211. 3002320.180

2342.000N. S. C.2304. 0002345.SCOo

0808. 9800036.2003409.310

3410. 030N.S.C.1427.000

1367. 0001368 000

4033. 400

N.S.C.

N.S.C.2202.000

2220.316'2344.0CO2305.OCC2237,0 C02210. fEC

2210.2812210. 3C2220.3C12220.37223f. L01N.S.6270.20010. C011428.2012249. CCI1421. COI2247. CCI240. COI

2346. it6270.4C2320.23'N S.C23.7. CC2345.10N.S.CNSC2309. C2345. EC0803. U

013.200813. 2C0813. N

N.S.C6270.6C

Govern-ing dait

19/11/42

3114/42

1/18/4311/18/43'418142

3/51433//43

315/43

3 7/2142

/22/426/14/43

5/14143

7 /2/427/21428121/427/2/427/2142

5/22/428/21/424/28143

4/2/434./2/438/22/42

4/21434/2/43

4/28/43

4/28143

4/28/4310/21/42

IL/21/4271242I4'7/2/421 5/2214210/21/42

0 /41420 5/4/42

0 5/4/425/122/425/22/42

12/281417/2/43

0 '7/21/421 7/21142

5/22/420 5/22/142

I 7M2/42

47/21420 4/8/420 7/2142-/211420 7/2/420 7/2/42

4/28/433/5/43

0 47/2/420 7/2/420 5/22/420 461 420 5/29/42C 5122/42

5 5/14143S1228141

1 Moved from List III 3/5/432 Moved from List II 10/6/423 Moved from List 111 4/28/43' Moved from List II 4/2/43

MaterialCon .merco

ImportlassNo.

1302. 00,051. 000

M. 1005380, 1808380.210

5U00101050. 0208100.000

.00,.00"8100, 050M50. N O5501,000501,100

6501, Poo8102. 1002239.1302239. 102257.100

4028.100

4118.0006270.0008380. 632257. 4002260.0502260.020

300. 1002242.00N.B.O.N.S 0.6401. oo0417. 100

430. 0006418.300C401, 000418. 1000483.0006700. 020

N. R.0.

0430. 00

C458.700

2232,0001422.00

U70.11460. 000

N.S. 0

N.SCN, S.CN B CN. 8CN.S. 0

N.S. 0N.BCN.SCN.S.a

8820N. S. C.-No separate class or commodlty

number has been assigned for the materialas described by the Department of Commerce,Statistical Classification of Imports,

LIsT II

NoTe: List II amended Juno 10, 1943, andJune 28, 1943.

The numbers listed after the followingmaterials are commodity numbers takenfrom Schedule A, Statistical Classification ofImports of the Department of Commerce(issue of January 1, 1943). Materials are In-cluded in the list to the extent that they arecovered by the commodity numbers lidtedbelow. If no commodity number is listed,the description given shall control,

Aluminum scrap .................Antimony ........................

Asbestos, unmanufactttred (origi-nating in Rhodesia or Union ofSouth Africa) ....................

Baba&su nuts and kernels ..........

Babassu nut oil ....................Balsa wood:

Logs - ----- I......Sawed boards, planks, deals and

sawed timber. ................Beryl ore or beryllium ore.........Beryllium oxide, carbonate and

other be-Ilium salts ........Cashew nut kernel oil ..........Cashew nut shell oil ...............Caster on ..........................Cattle, ox, and calf tail hair includ-

ing switches .................Coconut oil- -..---...............Cohuno nuts ind me ........... Cohuno nut oil.............Copper -------------------

Copper and bross scrap ............

Copper, brass, and bronzomanufac-tures:

Copper, brass, or bronze manu-factures, not elsewhero speci-fied on this order, which con-tain 25% or more of copper,brass, or bronze, by weight ...

Copper table, household, kitchen,and hospital utensils, and hol-low or flat ware, n. sp..

Brass blow torches, and Incandes-cent lamps operated by com-presed airand kerosene orge-|[o........ •................. *,Brass table household, kitchen,

and hospital utensils, and hol-low or flat ware, n. a. p.f ......

Copra ..............................Corn or maize oli (ediblo) ..........Corundum and emery in grains, or

ground,pulverized orrefned ...Corundum ore ....................Cotton linters, munitions or chem-

ical grades only (Grades 3-6 ac-cording to Department of Agri-culture Classification) ............

Cotton yarns and fabrics:Airplano cloth, type DIM ........Balloon fabric, type HU .........Balloon fabric, tyo SS ...........Cotton rope for splinning mules...Decating apron abrl -............English spun combed cotton

yarn, single or plied, in countsof 8's and finer ...........

Filter cloth ..................Grey tracing cloth fabric .........Lithograph moleskin cloth .......

Govern.ing date

011/421221/4112/28/4112/23/1112/23/4112/28/ 11

1/13/421113/421/13/131/131431113/421/13/421/13/421113/421/13142

418/42418/42418142

0/10/42

0/10142514/42

514/42418/4248/42418142

7/2/42

4/08/429/11/42121231413141423/14/420/11/42

12/23/41712142

011/420/1/42

4/2143

412143

4/12/431/13/428122142

61221425/22/42

4/8/42

8/21/4281211428121/42

11/23/42

11/23/42

11/4211)23/4211/23/4211/23/42


Material

Cotton yan and fabics-Con.Prinfers molleton ....T1rag cloth ...... -.. .Typwriter ribbon fabre..._,

Cottonseed bull fiber------Ir#, other-than Douglas Dr.

Lumber, sough sawed boards,planks, deals, e.......

-Ldmber. dressed sawed hoards,planks, deals. ec.........

Flaxunmanufactured (a eHeckled. Incuding =C-4

Not heckledValued less than ,=0 per ton--Value 4 ormoreperto_...

Tow

Glycerine, rude andrefned......

Goat and kidslufr.......Hides and skns: -

Buffalo hides, dry and weL.---Cabretta skIns orhbirsheepskis.Cal, dry and wet_... ..

Cattlebdes, dry and wet .

Goat and kid skins, dry and wet-

Kip, dry and wet ..........

-Blrlings (includes dry andgreen sate skis).. ----- .lrou'and steel scrap, fit only forn enaufactae................

lstle or tampio fiber, maimaa-turidirrwholeortpart(dressed).ttleor tamplt nfberma ulactures(Including all products in whole

Ile o omleBfer. umimufac-re (Includingistle waste).......

Toteandnanufactures:Waste baggin and waste sager

sack cloth ..... .- .... -Yuteyars"ing, slagle..-....

Tute cordag, twine and twist of2 or mare arns twisted to-gether, sie ofsingle a orroving.NNotblahed dyoother.

Wed, dyed or otherwise

Bagging for cotton, gunny cloth,et of single yams, notbleached, colored, or printed,not excedug -6, threads inwarp and filling to, the square-Inch, of jute or other vegetablehier . . . . .

Burlaps adother w oven fabricswho% fm e, . ..

Platn woven labrica of Jute,weighing less than 4 ounces per

Woven fabrics of Jute for pad.din=, orn terlnig exceeding30) td~s in war and fillingto the square inch, weighingfroe 4%to 12ounces, inclusive,peraquasoyard........

'Woven fabrics n. s. p.1. in chiefvalue but notw holly oflute-.lute sllver....................

Shin webbil, not exceeding 12uto manafa es, a. s p...

lute bags oracks .----.......

Com-merce

Import

N. S.C.N.B.C.lN.B.C.l

4104.0

3201.1(:00)

3262.51:0l3262. teo3202. 8(0322. ECO

8220.1:40I0711.4000=Z, CO

0203. (00020 .10E0220.00D0207. COI023& .0l

020. CC I

020100002D. C.OI0241.0000242.1:000206. 00

023. EO

6OD'L CC I

3410.010

N.ES. C.

3243.01

324L. 00I3244.1003244.2ZO0

3245.2C03245.421I3245.410324.I00I

324a6 .23245. 303245.4203245 0.5

3247. CCO

3246.100

3230.COO

3248,.000

MR2100032A 2(C0

3M4.100

Govern.Ing date

111231428121142

7 21142

T 1424=43

4*(43

7/214 21

11421,142

724241,42019,4

J2J425122142

7/11,42

1/13/42103142712142

1113A421131422/13142171342712142

W/242

61101436114G/J1436-110143

0)1043

01101430110143

OJI10f.3

C1436110143(110143CA143

6110143

6110143

6Q10/43011033#)143

6/X043

Com-.=nercc

3:12. (1.1.111C0

C'3. 11:0

CXI.Cca

N.r. . .

14. B. C.

4:31.1:4:011:0 CE

Jute uttsq, unicufcturcd.-Jute, unmanu""curd.........m pok ...... ...............Kynnlto and Ellllmalte............

Loofa (Lufa)M.alum, me Cen rrp..Mkasucy cr caIntata, unmanuf20.

Mahogany, drcssd (rawed am!not furthcr zranuuLured thznplaned, tongu;d, and preorcidlt

Moahoany furniture rnd pe3rl.sated arts tlkaem ......

Mahogany Ier..---.Mahogany rugh -n- t ifurtk7r

mafactured n sawed......-'Ain11o r a bca c r. az-e, 1r ~d a E

cable-N tarred or wuntced, ternposed of 3 or more rUnds, mhrtmnd compo.ed of 2 or irro

ares ....................

Mantle or aba fOzcr (exrept Tgcrdo tow)......... ..

Monllacrba towTr..decly).Mutln or ph'a ll crm . ufa.. t y

(el. oIl mnla cr a.t-. r.d. .

Murarybeerlin ores and c.nc.n.

Mercury or quicksilver (metalli rW italer...............Msetatllic ryllium, ceeslam, 11h!

urn, and potassium. _Metallic mineral sulzkt In

cru form. tot ot eerv cl-fled (uc s dro=r dmike-reidu br= foudry mb,and Sn dust).-

M tincal ..... _..

n .gnls ................

Ouriury (urnfeay) oil, Id.bleandedfble.....

Palm nut krd........Palm kceloIL.,.Polmoll ... K-- _Pine, other than -orthern wite or

Norway pine:

*Lumber, Eawed beards pTy ks

Qinn alts or alaofds from cachona bark:

Other salts and drratires equlano.........

Cibceniudino end Itssav a..=..Clnchonlneuandltsralts.....

tduline and Usat. *:

1ZZ42

ia42

1Z"42

lf2'422'?:42

7tJi!42

1142

'~43

T#=42

4.%41421.*141

c314140.314"4"

'11434211142'11142

0:342

31142

211414

.24142K)1142

Z o3432

CA124=)42

C=~42

211142.11142

4"Z'43

':4,'43Z:f3

MatcrIal

QuIanrm raltseralkacifrrne1:n-chess tzrX-Ccztiku:d.

TotxaIu:a2 and toisquLta cc=-

n1apa=c oil, desrmrd and rot

Silk:

Fartb yrnenn1:eriadr1W,rc

I=h.Zot tWisted erepVUn....flaw rg:; In ekcina, rze!cd fr=a

lbs reason, or rreLd, rotWuanl, tteublsd, t-1ctd, or

Cav ernemcecu enrmp, en t._au

Fzm~prc,^cined Itexa. vnaeblacblellfaeslereeteat..

Corn;d tadsitures and seI~s,

Eknl cnud khequen, umnfrtuned (ineluda fEarstr

ssLa en u

Ato/,r. e U v amti. r L

Cruda end gzGr'm, t 1- , podr, Iv

IUetaILsz ramp (ecempt alyed

Vandrum c.----m -----Weacl, oprel. V= zthn Wx_......

W 0l (aprarel. izr ttan 47a tmmtrot fica than 4'r)-

Y MT3sn -- 00aw------- _Zire 1;aa allays, voae-, cb.120y of

Zitc o an rns...Zineo en waczl ELt ---ly-----

raManuferure..

Cern.mz:rcaCn-t

CkZMN,

N.S.C.

33. CCO22r-CCD

36. 1:1:02.SC

3. 111:0

212. 2CO

N.E.C'.

N.B.C.

201.1:

1:23.110

Im0

N. .C.

N.E.C.(74.1.CC

224IL CE0

(232LE00NOC

CO=L=O.11:

3021.261 21. 2(0

Z=2.CE10

3021(313.C0

32.21:03127.1:ice3122.11:

Goverzi.lag date

1/134234,'4Z

10,=142

102142

10=142

7=~142

7=2142

71=142

7/2342U=2L42

A"-1142

5J'AZ:42

1:1142

7X14271142

A1Z2-141

12.231

7/W142

=/2427i342712Z427/314927A242712342V2V42711

7j2:42

7p-1427A.'42

31z":431241

V1133

M/133

IN.S.C.N.B.C.

NI. B.C

=140. 040:1(0.010

MM0 0-0

t rL _70

C51.610

4110. "1:O

. S. C.1:810N. B. C.

8101931

8t93.1410

SS21

7. S. .- Zro ,pa"ate clam; or connotditynumaber Jim; b.-m a.zz1naed foi tha materkaa3 decrlbe by the D33rtmezen of Comne=,Statiotcal Clazceatlon of Importa.


LIST I

NOay: List Mfl was amended June 28, 1943.

The numbers listed after the followingmaterials are commodity numbers takenfrom Schedule A, Statistical Classification ofImports of the Department of Commerce(issue of January 1, 1943). Materials are in-cluded in the list to the extent that they arecovered by the commodity numbers listedbelow. If no commodity number is listed,the description given shall control.

Com-Material merce Govern-

Import ing dateCass No.

Alewives and other pickled orsalted fish. n. s. p. f ............

Alfalfa seed .........---.---.........Anchovies, canned, not in oil or In

oil and othersubstances ..........Anchovies, in oil or In oil and other

substances ......................

Annatto and annatto extracts ....Apples, dried, desiccated, or evapo-

rated ............................Apricots, dried, desiccated, or

evaporated ......................Argols, tartar and wine lees, and-

crude calcium tartrato .-----------

Balata, Massafunduba...........Balata; Peruvian, F. A, Q., white..Balsams crude, not containing

alcohol (except Canada balsam)..

Bananas, dried, desiccated, orevaporated ......................

Bananas, green or ripe ............Barley malt .................Baskets and bags of wood, straw,

etc ...............................

Beans, dried .................Beef and veal, pickled or cured..Beef, canned including corned beef.Beef, fresh, cililed or frozen ......Beeswax ..........................

Berries, dried, desiccated, or evap,orated ...........................

Blood driedBone black, bone ohar, and blood

char ....................-.......Bones, crude .............Bones, ground, ash, dust, meal and

flour ............................Bottle caps, collapsible tubes, and

sprinkler tops of metal, includingfoil bottle caps (except screw capsand patented closures) .--------

Boxwood logs ...................Bran, shorts, and other wheat by-

product feeds ....................Brazil or cream nuts ............

Butter ..........................Buttermilk, dried ..........Cacao butter (cocoa butter) ......Camel's hair ....... ... ...

Camel's hair tops ................Canary seed ......................Candelila wax----................Carnauba wax ....................Caroa fiber ............-.........Caroa manufactures .............Caroa yarn ........................Casin or lactareno .............Cashew nuts and kernels ........Cashmeregoat hair, Angora rabbit

hair, and hair of other like ani-mals, n. o. s ......................

Cassla buds, unground ............

0073.300-0073. 900

Inc.2401.000

0067. 000

0064.2000064.3002320.000

1330.010

1330.120

8329.0008330. 0008380.013N. S. C.N S.C.

2141. 00L2141. 3002141. 4002141. 5002141. 950

1330.1701301.0001080.050

4221. 000422L 2004221.500422L 6004221.9001192.0000029.0000028.0000018.0000972 0000972. 1000974. 000

1330.2108505. 000

0990.1300911. 200

091I. 300

6790. 0106790.0204033. 000

1181. 0001356.0001357. C000044.0000041.2D01420. 0003510. 0003511. 003511. 1003511.2003511.1003560. CO2452. 0002252. 2002251.004692.800N.S.C.N. S.C.0943.0001377.000

3535. 5003535.6003535. 7003535.6003535.9001533.000

7/242

7/2/42

7/2/42

1/18/431/18/437/2/42

6/28/43

6/ /43

7/2427/21427/242315/43a15143

7/2/427/2/427/2/427/2427/242

6/28/437/2/427/2/42

1/21427/2/427/2/42712/427/2/427/2/427/2/42712/42

5/14/437/2/427/2/427/2142

6/28/43712/42

7/2/427/2142

7/2/42

5/14/435/14/437/2/42

7/2/427/2/427/2/427/2/424/2/437/2 /42

4/28/413

4/2/434/28/434/2814,4/28/431/18/43712/427/12/427/2/42

1/1814310/0/427/2/424/8/42

4/2/434/2/434/2/434/2434/2/43

10/0/42

Com-

Material merce Govern-sImport ng dateClass No.

Cassia, cassla vera, unground ....Cassia. cassia buds and caslsa vera.

ground ...... ----- : ------------Castor bean pomace (castor oil cake

and castor oil cake meal) ----- 7...

Cheese ...........................

Cherries, dried, desiccated, orevaporated................

Chickens and guineas:Dead, fresh, chilled or frozen,

dressed or undressed .........Live ............................Prepared or preserved -----...

Chickpeas and garbanzos, dried ....Chicle, crude and refined or ad-vanced ..------ .................

China clay or Kaolin--.............Cinnamon and chips of, unground.Cinnamon and chips of, ground....Citrons, or citron peel crude, dried.Cocoa beans or cacao beans . ---Cocoa powder, unsweetened and

sweetened .......................

Coconuts, in the shell ............Coconut meat, shredded and desic-

cated or similarly prepared .....Cod, haddock hake pollock, and

cusk, pickled or aited (not in oiletc., and not in airtight contain-ers, weighing, with contents, notover 15 lbs. each) ..............

Coffee, raw or green: roasted orprocessed ......................

Combinations and mixtures o1 ani.mal, vegetable, or mineral oils, orany of them, with or withoutother substances, not specificallyprovided for .......... ;........

Corn .............................Corn, cracked ...............Cotton linters, other than muni-

tions, & chemical grades (Grades1-2 according to Department ofAgriculture Classification) .......

Cotton. raw (all staple length)-.-

Cotton waste ....................

Cotton-SWerino waste ...........Crabs, fresh or frozen, prepared or

preserved .....--...........

Cream, dried ....................Crin vegetal- ......................Currants, dried ...................Dates, dried ......................Dog food ..........................

Egg albumen, dried ..............Egg albumen, frozen, or otherwise

prepared or preserved n. a. p. fL.Eggs (chicken) whole, in the shell.Eggs, dried .......................Eggs, frozen, or otherwise prepared

or preserved. n. s. p f. ....Eggs of poultry other than chicken,

whole, in the shell ............Egg yolks, dried .................Egg yolks, frozen, or otherwisepro-

pared or preserved, n. a. p. f ....Ergot .............................Fatty acids, not specifically pro-

vided for. derived from vege-table oils, animal or fsh oils,animal fats and greases. notelsewhere specified:

Cottonseed oil ................Linseed oil ...... - -..............Soybean oil .........-- .......Other not elsewhere specified....

Fatty alcohols and fatty acids sul-phated, not elsewhere specified,and salts of fatty acids sulphated,not elsewhere specified ...........

Pigs, dried ........................Fisl scrap and fish meal ...........

1533.100

1550.070

8509.1000045.100-I0046. 080

Inc

1317.100

0025.400N.S.C.N.Si.C.1200. 00

2131.0002189. 3005300. 0001528. 0001550.0301326.200101.300

1002. 100102.3001502.0001351.00

1379. 00

0059. 6000069.2000069. 00

1511. 001511.100

2260.1201031. 0001090.180

N. S. C.3001.0003003. 6003003.7003003.8003006.1003006. 203006.3103006. 3303006.2503006. 0003230.3803230.3909350. 002

0086. 4000086. 000041.3003407. 050N.S.C.N. S.C.1190. 7001190.000094. 000

0095. 00008-q 1000090. 0O

091. Coo

00 000092. CO

0093. 00C2210.330

2260.2202260.2102260.230220.240

200.280 7/21/42N. S.C. '6/28/430976.000 712/42809.700 2/7/42

Corn.M merco Govern.

Material Import lg dateC1ass No.

10/6/42

10//42

1/18/43

7/2/42

6/28/43

4/281434/28/434/28/437/2/42

7121427121427/2/4281/21/4-10/6/4210/0/426/28/437/2/42

1/18/431/18/431/18/43

10121/42

10/21142

4/2/43

4/243

7/21427/2/42

7/2/427/21/427/2/42

7/21427/2/427/2/427121427/2/427/2/427/2/427/2/427/21427/2/427/2/427/2/427/2/427/2/427/2/427/2/42412/43/2/436/28/436123/436/28/437/2/42712/423/5/43

3/6/437/2/423/5/3215143

3/5/43

3/6/43

3/5/4310/6/42

5/22/427/21/427/21/427/21/42

Floor coverings,Carpets and carpeting, mats,

rugs. art squares. gto., of wool,n. s. p.f ........................

Pile mats and floor coverings ofcocoa fiber (coir fiber) ......

Pile mats and floor coverings ofrattan......- .

Matting and articles of cocoafiber (colr fiber) or rattan.....

Floor coverings of grass or ricostraw, not In chtof value ofcotton .. ...

Textile floor coverings, other thanwool, cotton, silk, rayon, etc.n. eS............... ..... -

Fluorspar .......................

Fruits, dried, not elsewhere sped-fled on this order .................

Garlic .............................Ginger root, unground. not pro-

served or canded ................Ginger root around. not preservd- or candied ...................Glue, except glue size and fish glue

(value-under 40( lb.).Goat and kid hair except Angora

(mohair) and Cashmere ..........Grapefruit and pomcloe s..........Grapes, dried, other than raisins...Grapes, fresh (other than hothouse).Guano ..................Gum arable or senegal (AracaGum)guml) --------------------------

Gum ghatti ............. -- "" "--Gum kadaya (karaya) and talka ...Gum tragacanth ...................Gums, n.e. s., used in manufacture

of chewn g ....... ..Hairpins of bas metal, not plated

with' gold or siver not lewelry(including bobby pins) ........

flempseed. ...............Hempmced oil ......................H~rring (icluding, sprats, pilchards

and anchovies) ali types ........Hibiscus cannabinus or ferox .......Hide cuttings, w .................Hides and skins:

Horse, colt, and as ..............

Sheep and lamb skins, exceptsharlings, eabrettas. etc.

Pickled skins, notsplit. no wool.Pickled fleshers, split, flesh side.Pickled sklvers, split, grain side.fats, dry, no wool ........Other wooled, (wool on) except

shearlings ....................Honey......................Hydrogenated or hardened oilsan

fats, vegetable or animal...Blmenite (including ilmenito sand).Iodine .............................

Iron ore ............................Kola nuts ..........................Lamb and sheep fur, except Caracul

and Persian lamb...............Lamb, fresh, chilled or frozen ......Lecho caspi (including crude sorva

gum) .....................Lentils ........................LIgnalde oil or Bois do Rose ........Limes ..............................Lobsters. canned and not canned...

Lupines ...........................Mace, unground ..................Mace, ground ......................Mace, Bombay or wild, unground..Mace, Bombay or wild, ground....Matt%.......................MatO, Yerba, advanced in value or

condition (Paraguay tea) .....Meats, canned n. e s., and prepar

ed or preserved meats n. 5. p, .(include liver paste: also includemutton) ........................

Meat extracts, including fluid .......Melons .............................

Milk, condensed and evaporated ....

Milk, skimmed. dried ..............Milk, whole, dried .................

0032.00 i/2l/4 200 6. 000 /2/421330, 420 7/2/421330,430 7/2/42004. 000 7/2/420040.100 7/2/420040,700 7/2/420041,100 4/2/430041.000 4/2143

8822

300,000-3G70.570lee.

3100. 100

3960. 300

3153.000

39G3, 200

3963,0005301.0005301, 150

N..0.120,000

130.100

1650. 080

0940.100

390.2001302. 0001319. 001318. 008&04 00

2101.000N.8, .2163.00021G2. 000

N.8,0.

6700,35022M 0002200.0 0

i0070, 000-030. 0

i211,10

0211. 1000212.100021Z 2000212. H0212.100

0234.0000234, 1000234, 2000231.700

0231. t00104. 800

2250. 1000270,108300, 000830, .03200 00

0711,1000022 000

2170,00011019,000220, 2710

!130.11 COO001M,000+00S3- 00010 000

1040, 00

1I60 1002210, 570

1770 t0

I0N21142

10/21142

10121/42

10121/-i2

10/21142

10/21/42

7/2/42

/23/4372/42

1010/42

10/0/42

712/42

7/2/427/2/42

0/231437/2/42

10/21/4210121/421012114210/21142

3/6/43

6/14/430/22/42721143

7/2/42

112142712142

7/2/427/2/427/2/427/2/42712/42722/42

/2/427/2/427/2/42

7/2142712/427/2/42

7/2/427/2/427/2/427/2/42W12142

1/21/426/14/43

/f/1137/21427/2/127/2/427/2/427/2/427/2141

10/0/4210/014210/0/4210/0/427/2/42

10/01,12


Corn-Material Import I lg dateClas s No.

Mohair (Angora goat har).....

Mobakrtops ................. ..

Mob a s.... . .

Molasss and sUgar ~u!p, edibleaadinedlle..........1

Monazita~sand and other thorium

Xum mu nutsand kernels....

Mutton, fresh, chilled or frozen..-.NitratesBodiumandPotasfum-_

Nitr usmaterlai, n.s. p.. (in-cdungboof meal andornmeal).

Nutmegs, ungroud ......----Wutmems, ground .......-.-.-Oats, hulled and unhulle...OIFW , edible- --- . ....Oil cake ad oil cake meal,

Cocanutorepra.............

Hempsed.-.oOther nu. . p. L--- ...........

Oleosterin.,.- ...............Onions, _Orange flower orneroli ol - -orange oil (iucladlngiandrl)-..Orange oa terpeneless (Inclading

Oarcary (udr) w= -.....-....Paper basestock:

*las for paperstock.... ..... Waste bagging, gunny cloth andbags..-.------------

Grasses, fibers, waste, shavings,dipings, etc., n. 8.-.. .....

7eae dried, deicc retd, orevap-orated ... - ........

Pescb Ieen, ripe, or in brine...'ea- , desmcated, or evap

Pear green, ri 9 In brine. ......

Peas, drie--n,

Plassava fiber, manufactured Inwhole or in part (dressed cut to

Pigeons, racing or fancy ......-Pigeons, other ....... .Pimento (alspie), unground....-Pimento (aUspice), groun.....Po r.k:F~resh or chilled ...... _-..

pork, bars, shoulders, bacon., sau-sage; prepared, cokd, boned,

Prues punllsandpusGre eripe, not i rn.....IT brine .........-.......Dried,desiccated, orevaparated_OtherwLseprepared orpreiseved,. a . .. .. "

Psyilum seed (planlag psyllseedeus) .. .......

Made from seedlessgrpes-....Other .... .............. ...

Rice, broken ...--- -Rye_---.............Salts derived from vegetable oilsi

anim os, no oils, animal fatsand kases., not elsewhere sped-fled, or from fatty adds thereof..

sansevlerla manufactures (Iclud-ing all products in whole or Inpart of nseavr).........

Sardines, in ol or in oi and othersubstances ...........-

Sa e casings, sheep, lamb end

sasae sidg..............-.Sisal aud heneq anproc s" 'all

3=3040DInc.

3.1O, t'o|so0. s00

aio. ,00.0

IBc.

229. 002234. 40002L 00W60. 0OWW97. COD

8527. q10

I W0. 100

104L COD01119. 00

1011 000021. ee0:11:11 CE1114.000ils. ODD

1I9. COD

1119700

2119. ED5O

00M 1002212E10

20.280

2277. 00

2277.100

4091.010

22000

4C92.000

1319.650

169. COD149.00

23D.0610

MON.V7101197.0COD

1850008920.100I020.00

0020.100

003D.9001

M3. 510

1330. 550

2208.000

1319.1001319. 2DI10511101044.00

~7421/18143

7/1425122142.51141437WZ4271242

7/2142

1/1584310:0:42

72/42

7/2142

3/14335143

7127/2142111437/2142

6W'43

7(2/45

TA37 42

7/2142712 427/2142

7/2.142

7121342

712142

7/24210'T"42'

221425A244

AM'43

U)143

1114143

6/2143

0123143

2255.120 VA2/4N.S.C. 0)2143

N. S. . 0)23 43

00=.10 4 1/43005300 4W2430034.000 7/21420 031.500 712/42223.000 5121

N.B.C. 4133

Cem-aratcrl ILa_:e IO m

C T~t leg &lao

Soap (cxcpt Caztil and r c,3p r - ..dhr ..... ............. 62I1tfl 7i.12

IOIQ.7Z-l. Isumr, cone ----.-.-.----.-.-.-..-.-101.00 7P.3 2

Syrups and extracts for uo In themnrnacturo cz e s,3 ....... q. S.C. ?Z13Tallow, veatatlik ..... --- Z-1 CO 7AW°

Tanage 6aci. meclns ravecakes, Y1iver meal, mcst meal,Maetloaur, m psdrtcixte. .. EX&Vc

(c i clu dIn m- n do flo u ..... . 1 £ 3 T °2

Texo-tile, not cro pe-led In the Grder, bxdlao jutothread and &Z, e. (eceptrlz:land beneqaca pr e:sars miwaste)---- N. S.O. 71,.2

aobate)o. o, ctuu. ......... J'ZLC0O- WZ42

Toakbeans.. ........ 1ILC 71Z412Tops of hair othier thn camelshar mear. and wol (ldUed

Tucun nutscnd k,3a el......, . &3 L,42

Twiafilh,freh ertra=. n.. .1-: C~O 7.:11.ITtnta lbliallorInollando er

substance .. .. ......... 0i4.- , 4JZ'13trtchille or fromn,

evad.r....... 1.00 4=43

Pripared ry rcL .... N. a. . =-%3Vnallas.................V::S10) 712.32

Veal, fre, chilled orfrorcn .... C21D.C:3 VI4433Vc -etabe yoz3 or taru~ net.. .. Vu.C -O -L -.3urn s bulir.m R.s8. 7211

tebl sap-ok...... N. S. 0. 71J212Wool, cdvaced, n. e. -..... .... .l IM'1t3

Wool, apparel. f4inrcc as<r.. Z7-e 1: X42

I Ic.

Woolollunti .-...- .... Il , .32

Wool press cloth wasto- - Q .f33 712142Wool mgs .............. -... "ZZLC-D, 131,+4Wool shoddy Bud wcol otct..... =15 EEO1142Woolteps- 3::F- 03 IMI'3

Wool ym-us ud ycrns oft ter b.-r. 57' T 1 =43,

Yarns wholly or In chio flco f lf to I/1113Anu rarobithtr -- ---------- Inc

N. s. c.-NIo ceparato clar or coammoditynumber I=a been asigncd for the materialas described by the Department of Commerce,Statistical Claesilcatlon of Imports.

No authorization under paragraph (b) ofthe order is necessary for the relea QrVith-dmvml of materials on List n or List I1 froma free port, a free zone, or the bonded cuatodyof the United States Bureau of Cutoms(bonded warebouse) In the continentalUnited States rcgordlem of the date whensuch materials first entered such place. Theactual Importation, which IQ the subcct ofrestriction under paragraph (b), Is deemedto have occurrd before the quction of re-lease or withdraml arises Alo, no authori-zation under paragraph (d) of the order Isnecessary for the sublequVent dIsp-ostion,procezsng, or shipment of such releaccd orwithdrawn Lict I and Llst EX materials.

As to List I materials rbch ore smllarlysttuated, no authorizatlon undcr Paragrap

(b) of the order is nece sary for their releaseor rithdravwl from free part, free zone, orbonded custody, but authorization underpararaph (d) of the order Is neces-azy fortheir subsequent discpsition. precessin, orcplipment unle.s they are sbipped in bond toCanada, M.lico, or come other foreiX courn-try, In which event the foreign destinationIa deancd to be the place of Initial storage assuch te= I- used In the order. ( Isued June30, 1942.)

7wPr.1rxor 2Te following ofclal Interpretation is here-

by issucd by the War Production Board withrespect to the meaning of the term "in

,raz'lt as delned In paragraph (a) (6) ofGencral Imports Order W-63 (§ 1042.) asamendcd:

By amendment dated December 17, 194,the definition of material "in transitP wachanged by adding the folIowing clause, "orIf It baa actually bean delivered to ad ac-cepted by a ral. iruc;, or air carrier, fortransportation to a point within the con-tinental United States." The qu-tion hasbeen ralad as to the mmM of the ternas applied to a case w h the naterla onthe Cov7rnin- date hbad been delivered to andaccepted by a rail truc, or air carrier on athrou3h bill of lading for transportation toa sp-ilfled part and from thence by boat toa point withln the continental United States.

The material In the stated case Is notdeemed to be In transit within the meaningof the tem as u 2d in the order - It the mna-ter 1 la to ba carried to the port of arrivalin the continental United States by ship,the materl must have been affa t, or an onboard ocean bill of lading mu3t have beenL-ucd wirte respect to It, on the goveningdate In order for It to be co dered as having"been In trani z on such date.

.aterial which has been delivered to andaccepted by a rail, txuc, or air carrier onthe governing date for transpartatifn to apoint "ithin the continental United StatesIs deeamed to ba In transit within the meaningof the terz as used In the order only whenthe trancportatlon specfiled In the bill oflading L-sued by such carrier calls for de-livery of the materil at the port; of arrivalIn the continental United States by rall,truc!-, or air carrier, not by ship. (s-uedMlarch 5, 1943.)

When by amendment of the order a m=ate-rial already on List II or List II is moved toLl;t I and hence becomes subject to theresrctlons of paragraph (c) covering thedilzition, prcessin, transfer, or changeof location of such material, the governingdate for the appllcation of such restrictionsIs the cilcctivo date of the amendment bywhich the mateial wts moved to List I endnot the date vhen such nateril first becamesubject to General Imports Order L.-.6(z-s-cd ZU T 14. 194.)

IF. P. Doe. 43-10365; Fled, June 28, 1943;11:33 a. m.]

PuT l042--I 0o4z s oF SRATEGICLATlaus

[Supplcmental General Imports Order

ZX--3-a. as Amended June 23, 1943]

PlIrsuant to General Importe OrderU-63. as amended, which this order sup-plements, I is hereby ordered, That:

§ 10422 Supplemental General Im-ports Order M-63-a. Until further or-

8923

FEDERAL-REGISTER Tuesday, Juhze '29,1943

der of the War Production Board, theprovisions of General Imports OrderM-63, as amended June 2, 1942, andthereafter, shall not apply to materialson List III of said order which arelocated in, and are the growth, produc-tion, or manufacture of, and are trans-ported into the continental United Statesoverland, by air, or by inland waterway

from, Canada, Me*ifco, Guatemala, or ElSalvador, except with respect to mate-rials fisted on Schedule A attached here-to.

Issued this 28th day of June 1943.WAR PRODUc TON BoARD,

By J._JosEpu WHELAN,Recording Secretary.

ScH Uz ANOTE: "Sansevierla'flber" and "Sansevieris manufactures" added June 28, 1943.

LIhterial: CommerceBottle caps, collapsible tubes, and sprinkler tops of import

metal, including foil bottle caps (except screw caps Class No.and patented closures) ---------------------- 6790.010

6790.020Canary seed ------------------------------- 2452.000Chicle, crude and refined or advanced --------------- 2131.000

2189.300 .Chickpeas and garbanzs, dried ---------------------- 1200. 000Coffee: raw or green- ---- ------------ 1511. 000

roasted or processed-------------------------- 1511.100Hairpins of base metal, not plated with gold or silver,

not jewelry (including bobby pins) --------------. 6790.350Molasses and sugar sirup, edible and inedible ---------- 1630.480-1640.

inclusiveOil cake and oil cake meal:

Coconut or copra ....Soybean -----------------------------------------CottonseedLinseed -------------------------------------------Peanut .................Hempseed .......................................Other, n. s. p. f ------------------------ I - __1____

Sansevieria fiber ---------------.-.................Sansevieria manufactures (including all products In

whole or in part of sansevieria)

1111. 0001112.0001114:0001115.-0001119.600.1119.700-1119.900N.S.C.

N. S.C. --Sesame seed ---------------------------------------- 2234.000Sisal and henequen, processors' mill waste ---------- N. S. C.Syrups and extracts for use in the manufacture, of bey-

erages, if transported in railway tank cars ---------- N. S. C.

[F. R. Doc: 43-10366; Filed, June 28, "1943; 11:39 a., m.

PART 1154-METAL PLUMBING ANDHEATING EQUIPMENT

[Limitation Order L-79 as Amended June 28,19431

The fulfillment of requirements forthe defense of the United States hascreated a shortage in the supply of met-ais for defense, for private account andfor export; and the following order isdeemed necessary and appropriate in thepublic interest and to promote the na-tional defense:

§ 1154.1 General Limitation OrderL-79-(a) Definitions. For the purposesof this order:

(1) "Metal plumbing equipment"means any of the following items whichare composed of metal to the extent of50% or more by weight:

(I) Plumbing fixtures, including onlybathtubs, closet hoppers, cl6set tanks,grease interceptors, laundry trays, lava-tories, shower receptors, shower stalls,sinks, sink and laundry tray combina-tions, and urindls.

(ii) Plumbing fixture fittings and trim.(11) Water heating equipment, includ-

Ing only direct fired water heaters whichuse coal, oil or gas as fuel, indirect typewater heaters, hot water storage tanksand range boilers.

(iv) Cooking and baking equipmentusing coal, oil or gas as fuel for cooking,

Effectivedate

May 14, 1943May 14, 1943Dec. 14, 1942Dec. 14, 1942-Dec. 14, 1942Mar. 5, 1943Mar. 5, 1943-ar. 5, 1943

May 14, 1943.000 Dec. 14, 1942

Mar. 5, 1943Mar. 5. 1943Dec. 14, 1942Mar. 5, 1943Dec. 14, 1942Dec. 14, 1942Dec. 14, 1942June 28,1943

June 28, 1943Nov. 26, 1942April 28, 1943

April128,1943

baking, or heating fobd, or for heatingdishes or kitchen utensils, except ma-chinery the manufacture or distributionof which is restricted by General Limi-tation Order No. L-83, as amended frdmtime to-time.

(2) "Metal heating equipment" meansany of the following--items which is de-signed to provide heat for the interior ofa building and which is composed ofmetal- to the extent of 50% or more byweight:

(i) Steam and hot water heating boil-ers which use coal or oil as -fuel.

(ii) Cast iron heating radiators (otherthan electric steam radiatorsY including,,but not limited to, cast iron tubular radi-ators and cast iron convectori.

(iII) Hot water circulator pumps,vacuum pumps, and condensation pumps.

(iv) Warm air furnaces which use coalor oil as fuel,

(v) Heating stoves and, space heaterswhich use coal, oil or gas as fuel, exceptgas fired floor furnaces.

(vi) [Revoked June 28, 1943](vii) Metal fuel oil tanks.(viii) The following" items of heating

equipment using gas as fuel; steam andhot water heating boilers, warm air"furnaces, floor furnaces, unit heaters,conversion burners, and gas steamradiators.

(3) "Ultimate consumer" means anyperson who purchases metal plumbingequipment or metal heating equipmentother than persons who purchase metalplumbing equipment or metal heatingequipment for resale without using suchequipment for the purpose for which' itwas designed.

(4) "New metal plumbing equipmentor new metal heating equipment" meansany metal plumbing equipment or metalheating equipment which has never beenused by an ultimate consumer.

(b) General restrictions. No personshall sell or deliver any new metal plumb-Ing equipment or new metal heatingequipment to an ultimate consumer ex-cept that, subject to the restrictions ofany other order of the War ProductionBoard.

(1) Any person may sell and deliverany item of new metal plumbing equip-ment or new metal heating equipment

-which item is sold -by him for no morethan five dollars ($5.]O);_Ryovlded, Thatsuch item is sold as a part of an order thetotal-cost of which to the purchaser is notmore than ten dollars ($10.00);

(2) Any person may sell and deliverany new metal plumbing equipment ormetal heating equipment' pursuant toan order or contract which bears a pref-erence rating of A-10, or better;

(3) Any person may sell and deliverany of the following listed equipment:

(I) [Revoked August 11, 1942](i) Any equipment which is specifi-

cally designed as hospital equipment,surgical equipment, dental equipment,veterinarian equipment, b a r b o r a h o pequipment or beauty shop equipment:

(ill) Any equipment which is sold anddelivered pursuant to an order receivedor contractual - engagement made priorto April 17, 1942, provided that deliveryis made not later than June 30, 1942;

(4) Through July 31. 1942 any personmay sell and deliver any new metalplumbing equipment or new metal heat-ing equipment concerning which thepurchaser has made the following signedstatement to him, listing all new metalplumbing equipment or new metal heat-ing equipment to be sold or delivered:

The following equipment ............-.. .Is required for the compldtlon of the

erection, construction, remodeling or re-habilitation of a building, structuro or proj-ect, or additions, extensions or alterationsthereof, which has been initiated (by physl-c'alyincorporating therein material which isan integral part thereof) after July 31, 1041,but prior to April- 10, 1942.

Dated ------------Signed-------------------

This statement shall constitute a repre-sentation to ,the War Production Boardand to the person supplying such equip-ment that the stated facts are true andthat the listed equipment will be used forthe purpose stated;

(5) Any person may sell and deliverany new metal plumbing equipment ornew metal heating equipment concerningwhich the purchdser has made the fol-lowing signed statement to him, listingall new. metal plumbing equipment ornew metal heating equipment to be 8oldor delivered:

"8824


The following equipment -.............- Is required for the completion of the erection,

construction, remodeling or rehabilitation of'a building, structure or project, or additions,extensions or alterations thereof, which hasbeen specifically authorized by the War Pro-

Aduction Board pursuant to an applicationfor authority to-"Begln Construction!', in ac-cordance with Limitation Order No. 1-41

DatedSigned ------------.-.-.-...

.This-statement shall constitute a repre--sentation to the War Production Boardand to the person supplying such equip--ment that the stated facts are true and, that the listed equipment will be used for.the purpose stated;

6) [Paragraph (b) (6) revoked De-cember 16, 19423

<'7) Any person may sell and deliverany new metal plumbing equipment ornew metal -heating equipment pursuantto specific authorization of the WarProduction Board on Form PD-423; and

(8) Nothing in this order shall be con-strued to limit the sale or delivery of anyequipment whichis to be used for thepurpose of converting oil burning equip-ment or gas burning equipment to coalburning equipment.

* Notwithstanding any provision of thisorder, no person may sell or deliver toan ultimate consumer any such equip-ment the transfer of which is subject to aratlon- order issued by the Office of PriceAdministration: Provided,- That suchsales or deliverie may be made in ac-

- c6rdance with such ration order.-(c) Records. All persons affected by

this -order shall keep and preserve fornot less than two years accurate andcomplete records concerning inventoriesand sales. Similarly there shall be keptand preserved the signed statements re-ferred- to in paragraphs (b) (4), (b) (5)and (b) (6) above.(d) Audit and inspection. All records

required to be kept by this order shall,upon request, be submitted to audit andinspection by duly authorized represent-atives of the War Production Board.

(e) Reports. Each person to whomthis order applies shall execute and filewith the War Production Board suchreports and questionnaires as said Boardshall. from time to time require.

(f) Violations. Any person who wil-fully violates any provision of this order,or" who, In connection with this order,wilfully conceals a material fact or fur-nishes false information to any depart-ment or agency of the United States Isguilty 'of a &ime, and upon convictionmay be punished by fine or imprison-ment. In addition, any such person maybe prohibited from making or obtainingfurther deliveries of, or from processingor using, material under priority controland may be deprived of prioritiesassistance.'

(g) Appeals. Any :person affeQted bythis order who considers that compliancetherewith would work an exceptional andunreasonable hardship upon him, or thatit would result in a serious problem ofunemployment in the community, or thatcompliance with this order would disruptor impair a program of conversion fromnondefense to defense work, may applyfor relief by addressing a letter to tae

No. 127-7

War Production Board setting forth thepertinent facts and the reasons why suchperson considers that he is entitled torelief. The War Production Board maythereupon take such action as it deemsappropriate.

(h) Applicability of other orders. In-sofar as any other order heretofore orhereafter issued by the War Produc-tlon Board, limits the use of any materialto a greater extent than the limitationsimposed by this order, the restrictions ofsuch other order shall govern, unlessotherwise specified therein.

(I) Applicability of Priorities Regula-tion No. 1. This order and all transac-tions affected thereby are subject to theprovisions of Priorities Regulation No. 1,as amended from time to time, except tothe extent that any provision hereof maybe inconsistent therewith, in which case

'the provisions of this order shall govern.(j) Routing of correspondence. All

reports to be filed, appeals, and othercommunications concerning this ordershall be addressed to War ProductionBoard. Washington, D. C., Ref: L--79.

Issued this 28th day of June 1943.WaR PRODucro:i Bo.,

By J. Josrn W Lami,Recording Secretary.

1rmcrTon 1

Where now plumbing and heating equip-ment is used as collateral In a rccurlty tran.-action and title pa= eslely for the purpoeof the security transaction, there being nophysical movement of new plumbing or beat-ing equipment other than for purpo:t ofstorage or warehousing, the tran-fer of titleis not a violation of Limitation Order No.L-79. (Issued eay 22, 1942.)

IF. R. DC. 43-10367; Filed, June 28, 1943;11:38 a. m.]

PART 1161-Om BiumRs[Limitation Order L-74, as Amended June 28,

Section 1161.1 General Limitation Or-der L-74, is hereby amended to read asfollows:

§ 1161.1 General Limitation Order L-74-(a) Deftnitions. For the purpose ofthis order:

(1) "Oil burner" means any devisewhich is designed for burning fuel oil forfurnishing heat. It includes, but is notlimited to the following types:

(I) Mechanical, steam or air atomizeroil burner.

(ii) Vertical or horizontal rotary oilburner.

(ill) Mechanical vaborizing oil burner.(iv) Pot type vaporizing oil burner.

It shall include any oil burner for anyboiler burner unit or for any furnaceburner unit, any oil burner used as partof any water heater and any combinationoil and gas burner, but does not includeany oil burner used as a part of anydomestic cooking appliance or of any do-mestic heating stove as defined In L-23-c,or any oil burner used in connection withany locomotive scheduled under L-97.

(2) "Class A oil burner" means any oilburner which is designed by the produceror approved by the Underwriters Labor-

atory to burn No. 5, No. 6 or heavier fueloil, or which regardless of what gradefuel oil It burns, is designed or manufac-tured specifically for shipboard use orfor heat processing.

(3) "Class B oil burner" means any oilburner which is designed by the pro-ducer or approved by the UnderwritersLaboratory to burn No. 1 (except a ClassC oil burner), No. 2, No. 3, or No. 4 fueloil, but does not include any oil burner-designed or manufactured specificallyfor shipboard use or for heat processing.

(4) "Class C oil burner" means anypot type vaporizing oil burner which isdt-gned by the producer or approved bythe Underwriters Laboratory to burn No.1 fuel oil, but does not include any oilburner designed or manufactured spe-cifically for shipboard use or for heatprocessing.

(5) "Fuel oil" means any liquid petro-leum product commonly known as fueloil, including Numbers 1, 2, 3, 4, 5, and6, bunker C, diesel oil, kerosene, range oil,gas oil, or any other liquid petroleumproduct used for the same purposes asthe above designated grades.

(6) "Approved order" means any orderfor:

(1) A Class A or Class C oil burnerwhich:

(a) Has been ordered by or placed forthe account of any claimant agency asdefined In CMP Regulation 1. as suchmay be amended from time to time, or

(b) Has been ordered for use in abuilding or project authorized underP-55-b, or rated under Preference Rat-ing Order P-55, or any order In the P-19series, or

(c) Has been authorized'by the WarProduction Board on Form WPB--2727,filed by the prospective purchaser withthe War Production Board, Plumbingand Heating Division, Washington, D. C.

(ii) A Class B oil burner which hasbeen authorized by the War ProductionBoard on Form WPB-2727, filed by theprospective purchaser with the War Pro-duction Board, Plumbing and HeatingDivision, Washington, D. C.

(7) "Emergency replacement!, meansa replacement of an oil burner whichhas actually broken down and is beyondrepair or which will be out of serviceduring a period necessary to effect arepair.

(8) "Producer" means any person whomanufactures, fabricates or assemblesoil burners.

(b) Restrictions on sales and deliu-eriez. No person shall sell or deliver,and no person or Claimant Agency shallorder or accept delivery of any oil burn-er, either assembled or in sets of parts,U) except pursuant to an approvedorder, and (ii) except for use in an areain which the delivery of fuel oil to newoil burner Installations is not prohibitedunder the terms of Limitation OrderL-56 or any order issued by the Petro-leum Administration for War; unlessthe order for such oil burner is accom-panied by a copy of the authorizationreceived by the prospective user fromthe Petroleum Administration for Warpermitting the delivery of fuel oil foruse in such oil burner.

8825


(c) Restrictions on manufacture ofClass B oil burners. Regardless of theterms of any contract, sale, other com-mitment, or any preference rating, noperson shall manufacture, fabricate, orassemble any Class B oil burner exceptto fill an approved order, and-then onlyto the extent that the already assembledstock of such person Is insufficient to fillsuch order.

(d) Production and delivery sched-ules. (1) The War Production Boardmay at any time or from time to timerequire any producer to file a reportshowing his production and deliveryschedule for oil burners during anyperiod, subject to the approval of theBureau of the Budget pursuant to theFederal Reports Act of 1942.

(2) The War Production Board, at itsdiscretion, may require that any pro-ducer shall deliver any oil burners onlyin accordance with the schedule filedpursuant to paragraph (d) (1) of thisorder as such schedule may be approvedor changed by the War ProductionBoard. The War Production Board may,if it deems such action to be necessaryor advisable:

(1) Direct the return or cancellationof an order on the books of a producer.

(ii) Direct changes in the delivery orproduction schedule of a producer.

(ii) Allocate orders placed with oneproducer to another producer.

(iv) Specify what proportion of thequantity of material authorized by theWar Production Board to any produceris to be used il production for anyClaimant Agency-or person.

(v) Specify what proportion of thequantity of material authorized by theWar Production Board to any produceris to be used in the manufacture, fab-rication, or assembly of any class, type,or model of product covered by thisorder.Each -producer shall schedule (or re-schedule, if necessary), his yroductionand shall make deliveries in accordancewith such specific written directions asmay be issued from time to time by theWar Production Board.

(3) The production and -deliveryschedules established by any such spe--cific direction issued pursuant to (d) (2)above shall be maintained, subject to theprovisions of Priorities Regulation 18,without regard to any preference ratingstheretofore or thereafter assigned toparticular 'contracts, commitments orpurchase orders, and without regard toproduction schedules already in effect;and may be altered only upon specificwritten direction of the War ProductionBoard. Any such schedule shall bedeemed a frozen Schedule within themeaning of Priorities Regulation 18.

(4) If it becomes impossible for anyproducer to maintain production and de-livery of any oil burners in accordancewith' any schedule approved by the WarProduction Board, he shall notify theWar Production Board, and unless other-wise directed he shall postpone produc-tion and delivery only to the extent re-quired by the circumstances causing hisfailure to -maintain production and de-

livery as reported to the War Production.Board.

(e) General exception. Regardless ofthe terms of this order, any Class B oilburner (as defined by this order as inforce prior to June 28, 1943) authorizedunder an appeal from L--74 as in forceprior to June 28, 1943, may be manufac-tured, fabricated, assembled and de-livered.

(f) Emergency replacements. In thecase of an emergency replacement,any oil burner may be shipped and-in-stalled as a rental oil burner for a periodnot to exceed 30 days provided an ap-proval for such rental is secured from aField Office of the War Production Board.Such approval miy be requested In anymanner but shall be confirmed in writ-ng, and may be granted in any manner,but the grant shall be confirmed in writ-ing.

(g) Reports. Each manufacturer,dealer and distributor shall execute andfile with the War Production Board areport on Form WPB-2854 by July 20,1943, and such other reports as may be

-required from time to time, subject tothe approval of the Bureau of the Budgetpursuant to the Federal Reports Act of1942.

(h) Appeals. Any appeals .from theprovisions of this order shall be filed onForm PD-500 with the field office of theWar Production Board for the districtin which is located the plant or branchof the appellant -to which the appealrelates.

(I) Communications. All communi-cations concerning this order shall, un--less otherwise directed, be addressed tothe War Production Board, Plumbingand Heating Division, Washington, D. C.,Ref: L-74.

(j) Violations. Any person who wil-fully violates any provision of this or-der, or who, in connection with this or- -der, wilfully conceals a material fact orfurnishes false information to any de-partment or agency of the United Statesis guilty of a crime, and upon convic-tion may be punished by fine or impris-onment. In addition, any such personmay be prohibited from making or ob-taining further deliveries of, or fromprocessing or using material under pri-ority control and may be deprived ofpriorities assistance.

Issued this 28th day of June 1943.WAR PRODUCTION BOAR.,


[F. R. Doe. 43-10368; Filed, June 28, 1943;11:38 a. m.]

PART 1255--IvEoRY RESTRICTI oNExCEPTIONS .,

[General Inventory Order M-161 as AmendedJune 28, 1943]

§ 1255.1 General Inventory OrderM-161(a) Exception to general inven-tory restrictions. Notwithstanding theprovisions of any regulation or orderheretofore issued by the Office of Pro-duction Management or by the War Pro-

duction Board, or any other regulationor order which may be Issued after June1, 1942 but which does not expresslyrelate to a material listed on Schedule Aattached hereto, any person may makedeliveries of such material, and any per-son may accept deliveries of such mate-rial from any other person, although theinventory of such material In the handsof the person accepting such delivery 18,or will by virtue of such acceptance be-come, in excess of a practicable workingminimum.

(b) Applicability of Priorities Regula-tion No. 1. Except to the extent that theprovisiofis of paragraph. (a) are Incon-sistent therewith, all transactions Involv-ing any material listed on said ScheduleA shall be subject to the provisions ofPriorities Regulation No. 1 (Part 944) asamended from time to time.

Issued this 28th day Of June 1943.WAR PRODUCTION BOARD,

By J. JosEPH WHELAN,Recording Secretary.

ScHEum: ANor: "Lead" added Juno 28, 1940.Bentonite.Kaolin.Ball clay.Stoneware clay.FeldsparPotter's flint.Domestic andluslte.Domestic dumortierite.'PInite.Pyrophyllite.Soapstone.Ilmenite.Salt (sodium chloride) In bulk.Sodium carbonate (soda ash).Sodium hydroxide (caustic soda).Sodium sulfate (salt calo).Borax (hydrated and dehydrated).Boric acid.Silicate of soda.Paper. paperboard, and paper products, in-

cluding waste paper, provided thtt the excep-tions granted by General Inventory OrderW-161. while continuing with respect towaste paper until specifically withdrawn,shall expire with respect to other paper,paperboard and paper products on September30, 1942.

Lead.

[F. R. Doc. 43-40369; Filed, Juno 28, 1943;11:30 a. m.]

PART 3191-AIRCRArT[General Limitation Order r-262, as Amenged

June 28, 10491The fulfillment of requirements for

the defense of the United States hascreated a shortage In the supply for de-fense, for private account, and for ex-port, of aircraft; and the following orderis deemed necessary and approlirlate Inthe public interest and to promote thenational defense:

§ 3191.1 General Limitation Order

L-262-(a) Restrictions on transler oflink trainers and certain aircraft. (1 No

osingle-engined aircraft of five hundredhorsepower or less, nor any "link train-er," nor any interest therein, shall besold, leased, traded, rented, given or do-

8826


livered by any individual, partnership,association, business trust, corporation,or any organized group of persons(whether incorporated or not), exclusive,however, of the Army or Navy of theUnited States, any United States Gov-ernmental agency, any air carrier hold-ing a certificate of necessity from theCivil Aeronautics Board, or any manu-facturer of aircraft, except pursuant tospecific authorization of the War Pro-duction Board.

(2) The restrictions of paragraph (a)(1) shall not affect transfers of any air-craft, br interest in any aircraft, cur-rently operated in the Territory of Alaskaat the time of the transfer, provided suchaircraft is not transferred for operationoutside of the Territory of Alaska.

(b) Applicability of priorities regula-tions. This order, -and all transactionsaffected thereby, are subject to the pro-visions of priorities regulations of theWar Production Board, as amended fromtime to time.

(c) Reports. All persons affected bythis order shall execute and file with theWar Production Board such reports andquestionnaires as the War ProductionBoard shall from time to time prescribe.

(d) Violations. Any person who wil-fully violates any provision of this order,or who, in connection with this order,wilfully conceals a material fact or fur-nishes false information to any depart-ment or agency of the United States, isguilty of a crime, and upon convictionmay be punished by fine or imprison-ment. In addition any such person maybe prohibited from making or obtainingfurther deliveries of, or from processingor using material under priorities con-trol and may be deprived of prioritiesassistance.

{e) Communications. All reports tobe filed and other communications con-cerning this order should be addressedto War Production Board, Aircraft Pro-duction Board, Washington, D. C., Ref.:L-262.


By J. JosEPH WHELAzx,Recording Secretary.

[F. R. Doc. 43-10373; Fred, June 28, 1943;11:38 a. m.]

PART 1288-Powm, STEAMa, AND WATERAuxM:EARY EQUIPIENT

[Schedule IV to Limitation Order L-1541

POWER SWITCHGEAR

§ 1288.5 Schedule IV to Limitation Or-der L-154-(a) Definitions. For thepurpose of this schedule:

(1) "Producer" means any person whoproduces, manufactures, processes, fab-ricates or assembles power switchgear.

(2) 'ower switchgear" means allequipment for the control and protection

of apparatus used for power generation,conversion, transmisson, and distribu-tion and includes oil or air circuit break-ers, metal enclosed or open type switch-boards, buses and related devices.

This term does not include motor con-troller equipment as defined by Limita-tion Order No. Lr-250, busway as definedby Limitation Order No. L-273, small aircircuit breakers, (known as types AB,ET or similar) as defined by LimitationOrder No. L-300, or panelboards or dis-tribution boards on which all circuits of600 amperes or less utilize either thesmall air circuit breaker (as defined byLimitation Order No. L-300) or switchand fuse units.

(b) Restrictions on materials. Thefollowing restrictions on materials arehereby established for the manufactureof power swithgear.

(1) In buses or connections iron orsteel shall be used instead of copperwherever practicable. Galvanized orlead coated steel or iron pipe shall beused in place of copper tubing for busesof 300 amperes or below in outdoor sub-stations. Steel strips or bars shall beused instead of copper for low capacity(below 300 amperes) interconnections in

-power switchboards, where larger thanthe minimum copper size would be need-ed for mechanical reasons.

(2) The use of structural steel shall beavoided wherever posible In outdoorsubstation structures and faming.

(3) No critical or scarce material shallbe used for spare panels or fillers, and allpanels and apparatus for the control offuture equipment or future feeders shallbe eliminated.

(4) Special finishes or decorative ma-terials or devices shall be eliminated onall switchboards. These include suchitems as metallic mimic or miniaturebuses, special metal name plates, specialcard holders, trims, etc.

(5) Instrument ground connections ofcopper wire shall be omitted on conven-tional steel switchboard panels, and thegrounding shall be obtained through themounting screw on the steel panel. In-strument ground bus where necessaryshall be of steel instead of copper.

(6) To the extent possible non-ferroushardware and fittings shall be eliminatedfrom switchgear devices or power switch-ing equipment, and these parts madd ofsuitable ferrous material. This includessuch items as hardware, parts and fit-tings, clamps, nuts and bolts on all in-door and outdoor air switches and re-lated devices; except current-carryingparts and except bolts of 31'" diameteror smaller used in outdoor installations.

(7) Bus clamps or bus supports (un-less of the non-metallic type) for ACbuses less than 2000 amperes capacityshall be of the part non-magnetic ratherthan the full non-magnetic type, withthe smaller part of the clamp or supportmade of non-magnetic material and thebalance made of malleable iron or othersuitable ferrous material. Bus clamps orbus supports (unless of the non-metallctype) for DC buses of any size shall bemade with no part of the clamp or sup-port made of non-niagnete material.

(8) Consideration shall be given in thedesign of power switchgear to all othersubstitutions or simplifications which willresult in reduction of critical material.This includes the possible use of transite,treated plywood, or other substitutes inplace of metal for some of the barriersor panels which must be retained; theuse of devices such as palnuts or shakeproof lock washers instead of regularlockwashers and lock-nuts; and all other ex-pedients which will help to accomplishthe desired result.

(9) OR or air circuit breakers shall notbe used in cases where air-break switchesor fuses will satisfactorily meet the re-quirements.

(c) Required specifications. The fol-lowing required specifications are herebyestablished for the manufacture of powerswitchgear.

(1) Loading of switchgear and buses.(D All new. power switchgear of themetal enclosed type, indoor or outdoor,shall be manufactured with main cur-rent interchange surfaces silver-surfacedor equivalent, thereby permitting opera-tion at the maximum approved rating of850 C. temperature (based on 300 C. riseabove 550 C. ambient temperature). Inthe case of power switching and distri-bution equipment, open type, both indoorand outdoor, and including enclosed cut-outs, all such equipment and devices shallbe designed and manufactured for oper-ation at not less than 701 C. temperature(based on 30 C. rise above 400 C. am-blent temperature). In no case shall anyequipment be rated on a current densitybasis.

(11) All power buses, indoor and out-door, shall be so designed and built thateach section will operate under full loadconditions at as near as possible to 850 C.temperature (based on 300 C. rise above550 C. ambient temperature), usingstandard bus sizes. In order to accom-plissh the required full loading of all sec-tions of buses on a temperature basis, itwill generally be necessary that buses betapered so that each section wrl beloaded to the above temperature limits.Multicircult switchboards shall be sodesigned that the heaviest circuits areadjacent to the circuits supplying powerto the bus in order to accomplish maxi-mum tapering of the bus, unless this re-sults In an over-all increase in copper.

(2) Voltage rating. Power switchgearshall not be delivered or accepted havinga voltage rating higher than the nextavailable standard voltage rating abovethe operating voltage at which it is tobe used. In special cases where the dutyis unusually severe, special approval maybe requested from the War ProductionBoard, Reference L-154, for the use ofhigher voltage rating switchgear orpower switching equipment.

(3) Instruments. In case of feederpanels where readings of voltage, currentor other quantities are not necessary allinstruments shall be omitted. Triple

t The Concrvatfon Dlvtzon of the War Pro-duction Eoard "-ue perlodlcally a publica-tion chowing the relative scarcity of mate-r1al entitled "Liaterial. Substitutions andSupply" list.

8527

888FEDERAL REGISTER, Tuesday, June 29, 1943.

ammeters shall not be used on feederpanels if a single ammeter, or a singleammeter with an ammeter transferswitch, can'be used. In particular, if,the panel supplies three phase motorload only, not more than one single phaseammeter with no transfer switch shallbe used; and in the case of other poly-phase circuits where readings of variablesingle phase load may be necessary, onlyone single phase ammeter with a suit-able ammeter transfer switch may beused.

(4) Metal enclosed design speciftca-tions. In specifying or designing a powerswitchboard, consideration shall be givento the relative economies in critical ma-terials of the various standard types ofmetal enclosed or open type switchgear,and unless other considerations make itimpractical, that type shall be specifiedwhich uses the least amount of criticalmaterial; and in any event the followinggeneral principles shall be adopted: -

(I) Steel barriers between'breaker andcable compartments shall be omitted.

(ii) Front and rear swing panels whichdo not have secondary control or relaysmounted thereon shall be omitted, andthose which must be retained shall beof minimum height.

(Ill) Steel panels at the rear of thecable compartment below the currenttransformer compartment shall be omit-ted.

(v) Steel floor plates shall be omit-ted or replaced by the lightest possiblegauge plates or strips.

(v) All other steel panels, barriers orplates not absolutely necessary shall beomitted.

(vi) All steel panels or plates whichmust be retained shall be reduced to theminimum gauge permissible for struc-tural requirements.

(vil) Frames, braces and structuralmembers shall be reduced to the mini-mum permissible standard size for struc-tural requirements.

(viii) All panels shall be designed withminimum standard height and width.

(ix) In outdoor metal enclosed switch-gear, inspection rack metal housings andcontrol battery metal housings shall beomitted.

(x) In the design of any panel orswitchboard -the relative position of thebus, disconnects, and circuit breakershall be such that the interconnectionsare kept at a minimum length.

(xi) All duplicate or unnecessary ac-cessories in conjunction with switch-boards, such as lights and convenienceoutlets beyond the bare minimum shallbe omitted.

(xii) In switchgear -where eddy cur-rents In metal parts become a Problem,non-critical material shall be used insuch parts if possible.

(xii Built-in motor elevating fea-tures for circuit breakers below 500,000KVA or below 2000 amperes at 250,000KVA shall be omitted.

(5) Disconnecting -awitches, cutouts,etc. (I) Outdoor type disconnecting andhorn-gap switches, 69 kv or lower, re-

mote operated, single and multipole, 1200amperes and below, shall be built only onstandard duty outdoor insulators havinga three-inch bolt circle, and only in thefollowing voltage and ampere ratings:

Ir V Amp. ratings73&3.5 .......... 400, 600 and 120023 &34.51 ---------------- 4060ad1046 & 69 ------- -_______600 and 1200

Outdoor type disconnecting switches, 69kv and lower, hook operated, single pole,2000 amps, and below, shall be built onlyon standard duty outdoor insulators hav-ing a three-inch bolt circle, and only inthe following voltdfge and ampere rat-ings:

KV Amp. ratings7.5,15 - & 20023 & 34_- ------ 400, 600. 1200, &2046 & 69 ----------------- 600, 1200 & 2000

Eceptions: Outdoor type disconnectingand born-gap switches, 7.5kv and 15 kv,'200'amps. only, remote operated, single and mul-tipole, and hcok operated single pole, maybe built. For these switches, one design onlyof kub-standaxd insulator may be used byeach producer for each of these two voltageratings.

In addition, each 'producer may build onedesign only of 400 amp. 5.0 kv, or 400 amp.7.5 kv, (but not both voltages) enclosedfixed blade -type disconnecting switch.

(ii) Distribution cutouts, fuse links andmounting brackets for 2.3 kv and higher-(exclusive bf oil type cutouts) shall besimplified with respect to sizes, types andquantity of critical materials in the fol-lowing manner.

(a) Only the following sizes and typesof enclosed cutouts shall be produced:5000 volt ...............----- 50 ampere5000 volt --------------------- 10 ampere

- 5000 volt --------------.------ 200 ampere7500 volt ------------. 50 ampere7500 volt -------.----- ---- 100 ampere

Such cutouts may be made in single shotand two shot repeater type. With respectto each producer they may be made Intwo types, one of which may be eitherdropout or indicating (but not both), andthe other may be non-dropout or bay-onet (but not both). There may alsobe manufactured 100 ampere and 200ampere solid blades for conversion of en-closed type cutouts. to disconnecting

- switches.In addition one design only of plug

- type cutout rated 2500 volts, 30 amperes,may be made by each producer.

(b) Only the following sizes and typesof open cutouts shall be produced:

7500 volt ------------- so-.... . 50 ampere7500 volt -------------------- 00 loampere7500 volt -------------......... 200 ampere

15000 volt --------------.. .---- 50 ampere15000 volt --------- ------------ 100 ampere15000 volt ------------------- 200 ampere

These may be built in single shot and twoshot repeater type only in the 50 ampererating, and in single shot and three shotrepeater type only in the 100 ampere and200 ampere ratings, and either (but notboth) dropout or non-dropout.

With respect to each producer thesecutouts may be built using for each of

the two voltages one design only of sub-standard insulator (which shall be thesame units as the substandard insulatorspermitted under paragraph (c) (5) (1) ofthis schedule); and two designs onlyof long center-supported Insulators foreach of the two voltages, one size In-sulator for the 50 ampere rating and an-other size Insulator for the 100 amperoand 200 ampere rating. Under the rc-strictions of the preceding sentence atotal of six designs or sizes of Insulatorsis pern)issible. Each producer may alsobuild the above approved sizes and typesof open cutouts on standard three inchbolt circle Insulators, There may also beproduced, but only in 200 ampere rating,solid blades for conversion of open typecutouts to disconnecting switches.

(c) The only fuse links which shall bemanufactured for the cutouts specifiedin (a) and (b) of this subdivision (i)shall be one design only of the universaltype N, and one design only of the openor tubeless type link. In the case of theuniversal fuse link, the flexible coppercable portion shall be reduced in.lengthby six inches from the old standard,making the maximum overall length ofthe fuse twenty Inches instead of twen-ty-six Inches as here-to-fore.

(W) Only two types of mountingbrackets shall be manufactured by eachproducer for enclosed type cutouts, and.only two types of brackets for open typecutouts.

(6) Miscellaneous design spcitfica-tions. (1) Double buses or duplicatebuses shall not be used, but Instead asingle bus, sectionalized if necessary,shall be used in order to reduce theamount of bus material and enclosuresand connected apparatus to minimumrequirements. Synchronizing facilitiesmay be used only when they are essen-tial.

(ii) Small wiring on switchboards shallbe reduced from the present standard ofNo. 12 A. W. G. to N0. 14 A. W. G. orsmaller.

(fi) The wiring of niulti-tap bushLbgcurrent transformers shall be reduced toa minimum by bringing all taps to the-first accessible point, and wiring fromthat point only the tap to be used.

(iv) Benchboard type, panels (exceptfor mill drive controls) shall not be usedwithout 'special permission.

(v) Indoor oil circuit breakers andcorresponding air circuit breakers up toand including 500,000 KVA interruptingcapacity and 15 ks, shall be the commonframe (common tank) design in orderto save both space and aritical materials.

(vi) In designing a power switchboardfor below 750 volts operation, considera-tion shall be given to the relative econo-mies In materials of a large interruptingcapacity main circuit breaker feeding abus with several smaller interrupting ca-pacity feeder breakers, as compared toeliminating the main breaker and usinglarger Interrupting capacity feederbreakers; and that layoutshall be specl-fled which uses the minimum, of criticalmaterial through the most effective ap-plication of breakers.

8828

FEDERAL REGISTER, Tuesday, June 29,

(d) Limitation on tests. No producerof power switchgear shall make or fur-nish design or certified electrical or me-chanical tests on equipment which hasbeen furnished to the industry and hasgiven satisfactory service, or for whichtest data is already available.

(e) Restrictions on production, deliv-eries, and acceptances. From and afterJune 28, 1943, no person shall accept de-liveries of, and no producer shall deliveror produce (or accept deliveries of ma-terial for the purpose of producing)power switchgear which does not con-form to the applicable restrictions- onmaterials, required specifications, limi-tations of tests and other restrictions,established by this schedule: provided,however, that nothing herein containedshall prevent the prbduction, delivery oracceptance of power switchgear, or ma-terials therefor, which were wholly orpartially fabricated on June 28, 1943, andwhich cannot readily be made to con-form to the provisions of this schedule.

(f) Exceptions. The restrictions ofthis schedule shall not apply to equip-ment which is to be used by the Armyor Navy of the United States on boardany ship or vessel, and which is so cer-tified on the original order placed bythe Army or Navy.

Issued this 28th day of June, 1943.WAR PRODUCTION BOARD,


[F. R. Doc. 43-10370; Filed, June 28, 1943;11:38 a. m.]

PART 1288-PowR, STEAM AN WATERAuXILIARY EQUIPMENT

[Schedule V to Limitation Order L-15]

HIGH VOLTAGE INSULATORS

§ 1288.6 Schedule 'V to LimitationOrder No. L-154-(a) Definitions. Forthe purpose of this schedule:

(1) "Producer" means any person whoproduces, manufactures, processes, fabri-cates, or assembles high voltage insula-tors.

(2) "High voltage insulators" means allwet process porcelain (except tubes,cleats, knobs, etc., used in secondary wir-ing at voltages under 500 volts) or glassinsulators or insulating parts, whether ornot assembled with metal parts used inthe trahismission or distribution of elec-trical energy, or as a part of an electricalmachine or piece of equipment, orin con-

nection with telegraph, telephone, andsignal systems over 500 volts. The termalso shall include clamps, fittings, andaccessory hardware used directly withsuch insulators or insulating partsand/or affecting their functioning, ex-cept crosarm pins, but shall not include"pin type" insulators.

(b) Restrictions on materials. Thefollowing restrictions on materials arehereby established for the manufactureof high voltage insulators of the classescovered by this schedule. The use ofcritical materials including steel, cop-per, and aluminum and their alloys shallbe reduced to a minimum consistent withstrength and operating requirements ofthe product. The use of non-ferrouscaps, pins (except nonferrous cotter pinsused with suspension insulators), bolts,nuts and washers as parts of high voltageinsulators is prohibited. Malleable cast-ings shall be used instead of forgingswherever strength requirements makesuch use possible and where necessaryequipment for manufacture, such as pat-terns, is available.

(a) Required speclfcations. The fol-lowing required specifications are herebyestablished for the manufacture of highvoltage insulators of the cla'ses coveredby this schedule.

(1) The electrical and mechanicalcharacteristics of high voltage insulatorsset forth in the publication "NTEMA High

I The Conservation Division of the War Pro-duction Board asues; periodically a publica-tion showing the relative ccarcity of mate-rials entitled 'Materlal Subftitutlons andSupply" list.

19-13 SS29

Voltage Insulator Standards," Publica-tion No. 42-83 (November, 1942) are in-corporated herein by reference and shallbe considered standard. Such standardelectrical and mechanical characteristicsshall be strictly followed in the produc-tion of high voltage insulators except asmodified by other provisions of thisschedule or by special authorization ofthe War Production Board.

(2) No producer shall fabricate or de-liver high voltage insulators having a de-sign different from those being actuallyproduced by him, except pursuant to theprovisions of this schedule or special au-thorization from the War ProductionBoard; provided nothing contained here-in shall be deemed to restrict productionof new design insulators for experimentalpurposes and not for resale.

(3) Only one type of insulator for eachrating of each class of high voltage in-sulators permitted under this order shallbe fabricated by any producer; switchand bus Insulators of the same rating,shall not be made in.both one piece andmultipart units.

(4) The tapped hole type of cap shallbe standard for all outdoor switch andbus Insulators, and caps of the slottedor clamp type shall not be produced.

(5) High voltage insulators of wetprocess porcelain-shall be supplied onlyin chocolate or brown colored glaze.

(d) Limitations on cap and pin typesuspension insulators. No person shallproduce, deliver, or accept cap and pintype suspension insulators which do notconform to the specifications set forth inthe following table:

TADBI I-CAP A:D PJ: Txrz Sr3= :nc. h'u 0zt--Rn V auES

Maxi. Scetcn Most- mum Reautie TimemUm FectiC1 lrth Tatou co=- rrcof IceA

Code rc. rno dLam. lcnth t r- TyMa olkl: l Tdoop br.d testiner Inchc3 aum f jrc"rstbl b u ds tes

__ __pods :

EG5O55 ~Optt rm Na!L2. L. D. CL,~oe r ~ 13C0 4XlY Iac o cuoC7.SCSIS-,'5. 73j Ej *i Opt'1 sce Note 2.. M,. D. CleI:Wa 2 1'4 cc ENi) fXO IW4O

CI0CSI&8.75... 10 Z, S-0 Opt l"i Note s2. 1. D. Cii.. 2 I1S4O ECCO ION ate 1 TornZa

Bo0C5lO-5.7&.. 10 p Eco Ec .tlr o!o.2 Ball Scel.2c 2 ICCO CC0 INKONote I

B- . 10 5 &0 Opt' TzNo!02. B1 QC& ..1_ 2 UKO ECC ICCO

Note 1 Tnu

D12CSM-7..... 12 7 &0o Opt'Rr=e Not2. H. D. Cl-2ufs 3 50050 1900 ZINO0Note I To==u

DcarClO-FO1Z- 10 04 &0 Sc c - cc Note 2_.. cck&dct cr 5 IID CCO LreW30(&S5. Note I Mcdin Duty

See Note 3. 11CLvsozu3

8830 8 FEDERAL REGISTER, Tuesday, June 29, 194.

FIashover values-V Radinflue.voltage data

0 Impuls Mail- Sixty Mcch. Leak. Maxi-C o d e referen ce cy cl cy l P 0 W -. r~ i P -? Im p a ct rooe m umumcycle Impct age notS . Vstengt, dis., weight

kv. inO. V ". IN-b Inches weight,rins. to micro- pounds

Dry Wet Pes. Neg. ground versa

E60SI-.5 -----.-.... 60 30 100 100 7.5 to 80 45 7 54C7.5CS15-6.75 . -....... 65 35 115 115 7.5 0 90 00 & 8 9°

0C 1 l5-s.75.. ... 80 50 2 131 10.0 50 110 5 11BIOCS15-5.75 ............. 80 50 125 130 10.0 00 110 55 11% 11BIOCS15-5 ---- 80 0 125 130 10.0 0 110 a5 1151 11C10CS25-5.75........ 8o 0 125 121 10.0 50 110 60 11 i5D12C0S36-7 95 55 155 160 10.0 0 130 60 124 25BorCl0--O15-6.5__,,....... 100 60 195 180 10.0 50 130 30 17 17See Note 3

No= 1. The variation in section length turer with either ball socket or medium dutyshall be held such that the connecting length clevis type of connection but both may notof a string of six unit selected at Tandom be manufactured.shall not depart more tfan plus or minus 32inch from the nominal spacing for the unit (e) Limitations on sitch ana bus in-multiplied by six. sulafors. No person shall produce, de-

NOT 2. The type of shell for a particular liver, or accept outdoor switch and buscap and pin, type suspension insulator- may insulators which do not conform to thebe selected as desired by' manufacturer but specifications set forth In the followingonly one type of shell may be used with such tables. No new designs of any strengthsuspension insulator.

Nom 3. This type of shell may be manu- may be produced by any person withoutfactured in *either 9" or 10" diameter and authorization from the War Productionassembled at option of individual manufac- Board.

TADLE 2-STANDAnD DuT Swirci1 AiD Bus INSuLA'ORs--RADIO FREED

Flashover voltae--KV

Maxt- Height Number Bolt Dfameter Impu01z: 40mum per unit ofunits circle Number of bolts 60 cycleVoltage ratingK diameter a per diameter of bolts Ms waveinches stack: inches Ins_ _

Dry Wet Positive Negative

7.5---------------- 7 73 1 3 4 3 60 40 105 12015 ..............- 8 10 1 3 4 85 55 125 20023 -------------- 10 12 I -- 4 110 75 170 250

-4.5--------------- 13 35 1 I 1 145 100 225 . 2046 --------------- 14 i8 1 3 4 170 125 280 34069 ....--------------- 14 14% 2 3 4 235 180 30 475115 to 230 --------- 17 144 ----------- 5 4 ..... .-------------115 to 230 --------- 18 14% -- - 5 4........

S. 18' 143------ 7 4

Withstand1 test voltago--KV Radio influence voltageS GoCcdata ,

60 Cycle puncture MaximumVoltage rating KV _voltage Test volt-Impulse kv, pr Tetvl- fluenco

j,74 x 40 uMe age to voltageDry 1 Wet 30 Ms wave gound micro-voltsmi. sec. kv, rms. at 1000 ko- :radio frred

7.3 . ....................... : 5 30 95 80 5 to15 8........ ......................... 50 45 110 115 10 0023 .......... ..... . .. .... 70 60 100 145 15 160

34.5 ----------.---------------------- 95 80 200 195 22 1046 ... . . ........................ 120 100 20 225 30 2069 ------------------------------------ 175 145 350 195 44 2W115 to230_--------------------- 215287 ---------- ---------------------------------------------- -215...................

Cantilever strength,pounds Torsion Tenson Compres Leakage

Voltage rating KV strng strength, s on b dist" ar'g. weight,Upright Under- pounds pounds' strengt, Ic dist., lb.per

hung

7.5 ... ..--------------------- 2.000 1,000 6,000 5,000 10,600 - 7!4 514 1415 ----- ------------------- 2.000 1,000 7,000 5,000 10,000 12 73% 17%23 ---------------------- . 000 1,000 5coo 8,000 10,000 20 93 27-4.5 .............. 2,00 28 14 45

4000 1,000 10,000 7,00 15,000 1446 -------------------- 2.000 1000 2, 000 8,000 15,000 86 17 069 -------------------- 1,500 1,000 15,000 12000 25,000 52 28 t0115 to 230 -------------------------------------------------------------------------287.------------------- ; .......... ............................ 125

FEDERAL REGISTER, Tuesday, June 29, 191ST!ABLD 3-H Avr )Du=T SWITcH AND Bus Izsu, A.on--ALio FL=

I I I I Attocment bolts I r'ovvnlus--XV

Voltage rating KV

Withstand test voltazce-'V

60 Cycle

Dry I min.test

Wet 10 e-ctest

Bot CO cycs ! I oilE ' 1i

2ches Dry Thct Po.% xe .

5 10 401 its 15 5 EZ 5 20 1

5 110 75 11705 145 IN'- Z 905 170 123 ::9 303

X235 13) I C31 473

nI do haflu neo voRlto data

Impul.o .ZVXI Tort c-tau 1V04 0 MS Wavoi netund LV,

Maximnumradbi in-

flunm vail.

7.5 .........................- 35 Z0 05 5 * to15 ---- 0 45 110 10 C123 ............................-70 CO M) 15 1g34.5 -..--------------------.. 95 so 200 22 10046 120 •100 20 -1069 ........................ 175 145 30 44

Cantilever strgth, TorMion T empr dt a g iM l-pounds Tension I- o pr um-Voltage rating psrg T ComrKv stgm, tregt, dt, &t.. h

Upright Underhg. poud POnds pound pud unes W&t "

7.5 --------------- O O 4000 20D OO 12000 2U0M0 111! 71; V5 2315 ....... 4000 3000 14000 10000 23:013 14 7i 11523_...... 4O00 3000 16030 10000 Z300 1 l0 6 145 42n5. 4000 3000 20000 14030 000 23 ItL Ins cc. .. 4000 WO 20000 15000 K3 40 to Is F5G9....... 4000 300 40000 20000 E(, L. 5 215 12

NoTE: No switch and bus insulators of the extra heavy duty type are nuthcrlCd under this Sclbruli V.TA33LE 4-STmqDARD DuT-RDmo FRE-POST TIlE (Sw=TC A= BrS L';SULt0ow)

Flsrzo rcr vol t, n._-XV

Max. Max No.of Bolt Ihe~a prit pern iasPLoo. olf cf1ot5

Cdce2z lZ 16Voltage rating KV dia. height units circle No. of Dia.perncheslt ct t W.L CYC!3

inhsinZre.s stack inches Ice Mwv

Dry 17ct Pcs. Ncz.

7. 5 ........................ 6H, 8 1 3 4 o t 1C.]15 -.. ....... ---- 7 11 1 3 4 F5 I323 ................... 7 14 1 3 4 110 75 n70).....34.5 ---------.------------ 7M 18 1 3 4 115 103 ' E 546 ------------ --------- 8 22 1 3 4 1,"0 15 25 ....69----------------- 10 s0 1 3 4 235 1 20 4C 5

Withstand test voltogo-XV Radio unzllnce valtcZ3 data

Voltage rating "V 60 cycle .Mxit =ImpuLT I x Tczt volt-. to lnflumo vlIt.40 Ms wavo neurd kv Rlxra co mtcro.v-its

Dry 1 min. test Wet 10 j test at 1'.0ko

7.5. - . .- ............ 35 ^.9 95 5 d15 ----------------------------- 50 45 110 10 r23 -------------------------- 70 C0 115 15 10334.5 - ------------------------ 95 CI 2N) 22 10,46 ---------------------------- 120 10W 2Z3 0369 ----------------------------- 175 145 3 44

Cantilever strgth,Voltage rating pounds Torsion Tension Compres- L Dr? Pa= Maxr-t

s trgth, stren dl' no voltg,Upright U pounds pods pounds inchm unit rt

7.5 ------ 2,000 2000 6,010 5,000 10,001 101t a..15- 2,000 2,000 7,000 "5,000 10,60 15 023 -.------------ 2,000 2,000 8,000 00 10000... 24 ...

24,-------------2,000 2.000 10.000 700 12000 s7 1iLIU 3 14 314 ..... ----------- 2,000 2,000 1,000 8,000 15,000 44 2% C 3.69 ....... ----------- 1,00 500 15,000 12,000 23,000 72 V, ....

() Tests. No manufacturer of highvoltage insulators shall make or furnishdesign or certified electrical or mechani-cal tests on high voltage insulators cur-rently manufactured, which have beenfurnished to the industry, which havegiven satisfactory service, and for whichdesign test data are already available orInformation is available from any testmade within the preceding twelvemonths.

(g) Restrictions on production, deliv-eres, and acceptances. From and afterJune 28, 1943, no person shall accept de-liveries of, and no producer shall de-liver or produce (or accept deliveries ofmaterial for the purpose of producing)high voltage insulators which do notconform to the applicable restrictionson materials, required specifications,limitations of tests and other restric-tions, established by this schedule un-less such Insulators fall within the ex-ceptions of paragraph (h); Provided,however, That nothing herein containedshall prevent the production, deliveryor acceptance of high voltage insulators,or materials therefor, which were whollyor partially fabricated on June 28, 1943,and which cannot readily be made toconform to the provisions of this sched-ule.

(h) Exceptions to applicability of thisschedule. (1) In cases where types anddesigns of high voltage insulators otherthan those authorized by this Scheduleare required for special purposes andinability to manufacture, assemble anddeliver such high voltage insulatorswould cause undue inconvenience andhardship, special approval may be re-quested by letter addressed to the WarProduction Board, Reference L-154.

(2) Nothing contained herein shallprohibit the manufacture or assemblyof outdoor cap and pin or insert typeinsulators of voltage ratings of 7.5 kvand 15 hv only and of cantilever strengthnot to exceed 500 pounds, for which pro-vision is made pursuant to paragraph(c) (5) U) of Schedule IV, LimitationOrder No. L-154.

(3) The restrlctons contained in thisschedule shall not apply to any Radio,Radar, or Communication Insulntors asspecified and used by the Army, Navy,Maritime Commission or War ShippingAdministration for uses other than thoseof the high voltage insulators outlinedfor general use in Schedule V.

Issued this 28th day of June 1943.

WAR PRODUoMxOIT BOAPM,By J. JOSEPH WHSLAl,

Recording Secretary.

IF. F. Dc. 43-10372; Filed. June 23, 1943;11:38 a. m.]

8831


Chapter XI-Oflce of Price Administration

PART 1315--RUBBER AND PRODUCTS ANDMATERIALS Or WHICH RUBBER IS A

COMPONENTiROlD]

TIRES,. TUBES, RECAPPING, AND CAMELBACHIN CANAL ZONE

Preamble: This Ration Order No.1 D for the Canal Zone is-issued pursuantto the direction of the Rubber Directorto carry out the recommendations of thereport of the President's Special Com-mittee to study the-rubber situation.

The Committee's report states:We are faced with certainties as to de-

mands; with grave insecurity as to supply.Therefore, this Committee conceives its firstduty to be the maintenance of a rubber re-serve that will keep our armed forces fightingand our essential civilian wheels turning,This can best be done by "bulling through"thb present synthetic program and by safe-guarding jealously every ounce of, rubber inthe ,country.

The Committee points out that thetires on civilian cars have been wearingdown at a rate eight times gieater thanthey have been replaced. If this ratewere permitted to continue, "by far thelarger number of cars will be off the roadnext year and in 1944 there will be allbut complete collapse of the 27 millionpassenger cars in America." The con-servation program recommended by theCommittee includes "more rubber tothose who need it; less to those whodon't * * * Only actual needs, notfancied wants, can or should besatisfied."

This order puts into practice most ofthe recommendations of the Committee.These include institution of a tire re-placement and recapping program inwhich the emphasis is placed upon tirerecapping, replacement with tires manu-factured of reclaimed rubber to the ex-tent possible, and conservation of cruderubber; and vigorous enforcement ofmeasures to Increase the life exnectancyof tires.

These tire rationing regulations aregeared to the gasoline rationing regula-tions for the Canal Zone in such, a wayas to assure the conservation to essentialuse of both critical commodities.

§ 1315.16 Rationing of tires, tubes,re-capping and camelback -in Canal Zone.Under the authority vested in .the Officeof Price Administration and the Admin-istrator by Executive Order 9125 issuedby the President on April 7, 1942, byDirective No. 1 and Supplementary Di-rectives No. 1-L and 1-Q of the War

Production Board, issued January 24,1942, September 10, 1942 and November6, 1942, respectively, this Ration Order*ID (Tires, Tubes, Recapping and Camel-:back in Canal Zone), whiclh is annexedhereto andmade a part hereof, is herebyissued.

AuTro=: j 1315.16 issued under Pub.Law 671, 76th Cong., as amended by Pub.Laws 89; 421 ancr-507, 77th Cong.; E.O. 91257 F.R. 2719; W:P.B. Dir. 1, 7 P1R. 562, Supp.Dir. 1-L, 7 P.R. 7200, 7281; Supp. Dir. 1-Q,7 F.R. 9121.

RATION ORDER ID-TtRss, TuaES, RECAPPINGAND CAMELBACK IN CANAL ZONE

ARTICLE 1--ENERALSec.1.1 Territorial limitations.1.' Effect on other ration orders.1.3 Definitions.1.4 Administration and bersonnel.1.5 Jurisdiction of Board.1.6 Quots.1.7 Proof of need.1.8 Eligibility of passenger automobile.1.9 Eligibility of commercial motor vehicle,

ARTICLE r-APPLICATIONS AND CERTIFICATES

2.1 Applications.2. Certification by Inspector prior to filing

of appllcation.23 Investigation of facts by Board.2.4 Notation of reasons for action.2.6 Form of certificate to be Issued.2.6 .Certificates non-transferable.2.7 Execution and Issuance of certificates.2.8 Action by certificate holders.2. Splitting'of certificates.2.10 Revocation of certificates.2.11 Refusal of certificate.

ARTICLE" fl-PnoHwrrED AND PEaRTED TRANS-ACTIONS

8.1 Prohibitions.S.2 Mounting or use of tires or tubes.3.3 -Transfer to consumers upon certificate.3.4 Dealer transfers.3.5 Transfers -without certificate, special

- authorlzation-or notice.3.6 Transfers to certain Government agen-

cies and for export.3.7 Offenses.

ARTICLE ITV--RECORDS AND REPORTS

4.1 Posting names of successful applicants.4.2 Disposition of parts of certificates and

receipts.4.3 Inventories of sellers of tires and tubes.4.4 Preservation and filing of records.4.5 Notice of legal proceedings.4.6 Report of violations.

ARTICLE V-APPEALS

5.1 Decision of Board.5.2 Who may appeal.5.3 Time to- appeal.

ARTICLE VI-4NFORCEENT

6.1 Criminal prosecutions.6A Suspension orders.

Article I-General

SECTION 1.1 Territorial limitations.Ration Order 1D shall apply to the CanalZone...

SEC. 1.2 Effect on other ration orders.Ration Order ID shall not be construedto permit any act which would be Inviolation of any other ration order issuedby the Office of Price Administration.

SEC. 1.3 Definitions. (a) For the pur-pose of this Ration Order No. ID:

(1) "Acquire" means to accept a trans-fer.

(2) "Board" means the Canal ZoneRationing Board established by the Officeof Price Administration.

(3) "Bus" means any motor vehicle,other than a station wagon or suburbancarry-all, built or rebuilt primarily forthe purpose of carrying passengers andhaving a rated seating capacity of eightor more persons.

(4) "Camelback" means any rubbercompound designed for application to aworn tire to make a new tread in theprocess of recapping.

(5) "Canal Zone" means and includesnot only the Canal Zone but also anyand all lands and waters within theRepublic of Panama which are used, oc-cupied and controlled by the UnitedStates of America in connection with themaintenance, operation, sanitation orprotection of the Panama Canal.

(6) "Certificate", unless the contextrequires otherrise, means a certificateissued by the Office of Price Administra-tion authorizing the acquisition of anytire, tube or recapping service,

(7) "Consumer" means any personwho holds or acquires a tire or tube foruse and not for resale.

(8) "Contractor's ration" means agasoline ration issued to a contractorpursuant to § 1394.9018 of Ration OrderNo. 5D.

(9) 'Dealer" means any person en-gaged in the business of recapping tires,or selling tires, tubes, or camelback.

(10) "Grade I", as applied to tires,means a passenger-type tire other thana Grade II tire.

(11) "Grade 31I," as applied to tires,means a passenger-type tire which Iseither a used or recapped tire or a tiremanufactured principally from reclaimedrubber as specified by the War Pro-duction Board.

(12) "Implement tire" means a tirewhich has the word "Implement" or thename of a type of farm equipment, other

17 P.R. 8550.

8832


than a tractor or combine, molded intothe sidewall of the tire by the manu-facturer.

(13) "Manufacturer" means any per-son engaged in the business of manufac-turing tires, tubes, or camelback.

(14) "New", as applied to tires andtubes, means a tire or tube that hasbeen used less than 1,000 miles.

(15) "Passenger automobile" meansany motor vehicle built primarily for thepurpose of transporting passengers andhaving a rated seating capacity of sevenor less persons, including any motorcycle,station wagon or suburban carryall.

(16) "Passenger-type c a m e l b a c k"means Grade F camelback as definedby the War Production Board.

(17) "Passenger-type tire" means atire primarily designed for use on a pas-senger automobile.

(18) "Person" means any individual,partnership, corporation, association,government or government agency, orany other organized group or enterprise.

(19) "Recapping" means the processof tread renewal in which camelback isapplied to the tread surface of a tire.

(20) "Recapping service" means therecapping of a certificate holder's tire,or the transfer by a dealer or manufac-turer to a certificate holder of a recappedtire in exchange for a recappable tirecarcass.

(21) "Rubber" means any form or typeof natural, reclaimed, or synthetic rub-ber, or other similar materials.

(22) "Tire" means any solid or pneu-matic rubber tire or casing capable ofbeing used, or capable of being repairedfor use, on a passenger, automobile, bus,truck or farm implement.

(23) "Transfer" means auy change inright, title, interest, possession or con-trol, including but not limited to, sale,purchase, lease, loan, trade, exchange,gift,- delivery, shipment, and hypothe-cation.

(24) "Truck-type camelback" meansGrade A or Grade C camelback as de-fined by the War Production Board.

(25) "Tube" means any rubber tubecapable of beingused, or capable of beingrepaired for. use, within a tire casingon a passenger automobile, bus, truck orfarm implement.- (26) "Truck" means any vehicle, other

than a motorcycle, built or rebuilt pri-- marily for the purpose of transporting orhauling property or equipment, includ-ing earth-movers, road-graders, and sim-ilar off-the-road vehicles.

(27) "Used", as applied to tires andtubes, means a tire or tube which hasbeen used 1,000 miles or more.

(b) Where the context so requires,words in the singular shall include theplural, words in the plural shall includethe singular, and the masculine gendershall include the feminine and neuter.

SEC. 1.4 Administration and person-nel-Ca) Personnel. Ration Order No.ID shall be administered by the-Ration-ing Administrator for the Canal Zonethrough the Board and such other ad-ministrative personnel as may be se-lected. The persons appointed to ad-miniter Ration Order No. ID shall have

No. 127--S

such powers and duties as are hereindescribed and as the Rationing Admin-istrator has delegated and may fromtime to time delegate.

(b) Self interest shzall disqualify ofl-cial. No person participating in the ad-ministration of Ration Order No 1Dshall act officially in any matter arisingthereunder as to which he has any inter-est, by reason of business connection orrelationship by blood, marriage or adop-tion.

SEC. 1.5 Jurisdiction of Board. TheBoard shall have jurisdiction to receiveand act upon applications with respectto a vehicle normally stationed or ga-raged within the Canal Zone.

SEC. 1.6 Quotas-(a) Quota ot to beexceeded by Board. The Board shall notissue a certificate for the acquisition oftires, tubes, or recapping service in ex-cess of its quota established by the Officeof Price Administration, except certifi-cates for the purchase of new passengertires ot an obsolete type, as defined inparagraph (e) (4) of section 1.8 of thereregulations may be issued without re-gard to quota.

(b) Basis for Board consideration.If the Board has before it eligible ap-plications in excess of Its quota, theBoart" shall, in determining which ofthe competing applications are to begranted, be governed by the relative im-portance of each applicant to the wareffort, public health and public safety.The Board shall base Its determinationupon the application for a certificate,the application for a gasoline ration forthe.vehicle for which tires, tubes, or re-capping service are sought, and all otherInformation which comes to its knowl-edge. The Board shall at all times servethe objectives sought to be accomplishedby the tire rationing program and allotcertificates for the most vital civilianuses and for uses essential to the wareffort.

(c) Passenger automobile spare tires.The Board shall not issue a certificatefor a spare tire to an applicant for apassenger automobile for which therehas been Issued only a currently validbasic ration under Ration Order No. 5D,except between the twenty-fifth and thelast day of a month, and then only ifthere are no pending applications fortires for running wheels using passen-ger-type tires. A certificate for recap-ping service for a spare tire may beIssued at any time.

SEC. 1.7 Proof of necd. (a) TheBoard shall not grant a certificate au-thorizing any consumer to acquire atire, tube, or recapping service, and noconsumer shall accept such a certificate,unless the applicant Is eligible undereither section 1.8 or 1.9 and in additionmeets each of the following conditions:

(1) Immediate need. That the tire,tube, or recapping service for which ap-plication is made Is to equip a vehicleheld for use and not for resale and is:

(I) To recap a tire which requires re-capping or which will require recappingby the date the applicant may reason-ably be expected to secure recapping; or

(if) To replace a tube which cannotbe repaired, or a tire which cannot berepaired or recapped; or

(ill) To replace a lost or stolen tire ortube; or

(lv) To equip a vehicle which requirestires or tubes because of alteration or re-construction; or

(v) To replace a tire or tube deliveredas original equipment upon a vehicle, ifthe tire or tube is not serviceable for theuse to which the vehicle is to be put.

(2) No abuse or neglect. That theapplicant has not in any manner abusedor neglected, or permitted (to be abusedor neglected, the tire or tube which heseeks to replace or recap. The Boardmay consider, among other things, asevidence of tire abuse:

(I) That the vehicle for which a cer-tificate is sought has been operated Jnexcess of the applicable speed limit; or

(11) That the tire for which replace-ment is sought has become unfit for re-capping through the fault of the appli-cant, such as failure to make timely ap-plication for recapping service, failureto replace a tire as promptly as possible,or driving for unnecessary purposes orwhen other means of transportation raeavailable.

(3) Unlawful mileage. -That the ap-plicant has not used the tires or tubeswhich he seeks to replace or recap on avehicle which has been used for purposesprohibited by Ration Order No. 5D orfor mileage in excess of that allowed byRation Order No. 5D.

(4) Ply construction. That, if the ap-plication is for a certificate for a newpassenger-type tire of six or more plyconstruction, the vehicle upon which thetire Is to be mounted cannot be operatedsatisfactorily in the use to which it is tobe put with a tire of less than six-plyconstruction.

(5) No available tire or tube. Thatthe applicant, other than a Federal orforeign government or governmentagency, does not own or control a tire ortube, other than tires or tubes mountedupon vehicles in current use (includingone spare for each size wheel per vehi-cle) which can be used, or repaired foruse, in lieu of the tire or tube sought tobe replaced or the tire sought to be re-capped. In computing the number oftires or tubes owned or controlled, appli-cant need not include tires or tubes re-ported on OPA Form R-17 or R-17 (Re-vised).

(6) Authority to purchase, That theapplicant Is authorized to purchase tires,tubes or recapping service in the CanalZone under provisions of existing treatiesand agreements between the UnitedStates and the Republic of Panama.* (7) Gasoline ration. That, if applica-tion is made to equip a passenger auto-mobile, the applicant has a gasoline ra-tion currently valid under Ration OrderN11o. 5D, unless such passenger automobileis not driven by gasoline.

(8) Tires essential to operation. Thattires and tubes are essential to the oper-ation of the vehicle for which applicationis made.

8 _53


(9) Comparative need. That the is-suance of a certificate to the applicantwill not deprive othei applicants oftires, tubes or recapping service needed toperform functions deemed by the Boardto be more essential to the war effort,public health or public safety thin thefunctions performed by the applicant.

(10) Passenger-type, tire unavailable.That, if application is made for a truck-type tire, a passenger-type tire of suitablesize is not available or would constitutea waste of rubber.

(11) No other vehicle available.That the vehicle for which application ismade cannot'be replaced by another-ve-hicle, owned or operated by or subjectto the control of the applicant, which Isequipped with serviceable tires and tubesand is capable of being used for the samepurpose as the vehicle for which appli-cation Is made.

(12) No other transportation. Thatno other practicable means of transpor-tation are available to the applicant.

SEc. 1.8 Eligibility of passenger auto-mobile-(a) Reconsideration of ration.When application is made for a tire, tubeor recapping service for a passenger au-tomobile, the Board may request tieChief, License Bureau, The PanamaCanal, to reconsider the applicant's gaso-line ration before passing upon his ap-plication. -

(b) Redetermination of ration. Ifupon reconsideration of the gasoline ra-tion, the Chief, License Bureau, findsand advises that the applicant has beengranted either a larger or a smaller ra-tion than he is entitled to under RationOrder No. 5D, such mileage redetermina-tion shall be used as the basis for deter-mining the grade of tire to which theapplicant may be entitled.

(c) Eligibility. A passenger automo-bile may be issued a certificate for tires,tubes or recapping service if it satisfiesthe conditions of section 1.7, and is usedprincipally for one or more of the follow-.Ing purposes:

(1) Transportation between home anda fixed place of work in connection withthe principal occupation of the appli-cant or principal user of the vehicle.

(2) Transportation in the course ofsuch principal occupation.

(3) Transportation of necessary foodsand household supplies, if the Boardfinds such transportation to be essential.

(4) Transportation of persons to andfrom a hospital for regular diagnosis ortreatment.

(5) Transportation of four or more pu-pils to and from school: Provided, Thatno transportation by school bus is avail-able, except that a certificate may beissued when it is established that fourpupils are not conveniently available orcannot be accommodated in the vehiclebecause of Its capacity.

(d) Type of certificate. An applicantfor a passenger automobile which iseligible under paragraph (c) may beissued a certificate for recapping servicewith passenger-type camelback, if theapplicant has a recappable tire carcass.If the applicant has no recappable tire

carcass, he may be issued a certificatefor a Grade III tire if his allowed gaso-line mileage, exclusive of any specialration, is less than P25 miles permonth, and for a Grade I or Grade IIItire at his.option if his allowed gasolinqmileage, exclusive of any special ration,is 625 miles per month or more. Certifi-cates for new or used tubes may be issuedto such applicants at their option.

(e) Exceptions. (1) An applicantwhose allowed gasoline mileage wouldentitle him to a Grade I tire may belimited by the Board to a certificate fora Grade I tire, if the length of time forwhich he will need his allowed monthlymileage will be substantially less thanthe normal life of a Grade I tire.

(2) An applicant who has a recappabletire carcass may be issued a certificatefor a Grade I or Grade MII tire, depend-ing upon his allowed monthly mileage,if the Board finds that recapping facili-ties are inadequate or unavailable.

(3) A passenger automobile, owned oroperated by a contractor engaged inwork on a United States Governmentconstruction project, for which a cer-tificate of authority to purchase gasolinein bulk has been issued by the Chief,License Bureau, shall belimited to aGrade III tire unless the contractorstates in his application that such pas-senger automobile is regularly driven 625or more miles per mfonth.

(4) The Board may issue a certificateauthorizing the-holder to accept deliveryof new passenger tires of an obsoletetype, as defined below, to an applicantwho establishes that he satisfies the re-quirements of paragraph (W) of this sec-tion. As applied to tires, the words "ob-solete type" apply to passenger-type tiresof the following sizes, and no others:

550 x 17 500 x 19525 x. 1 600 x 19550 x 1 500X 20600 X 18 30 x 5

SEc. 1.9 Eligibility of commercialmotor vehicle. (a) The following com-mercial motor vehicles may be issuedcertificates for any type of tire, tube orrecapping service in the discretion of theBoard, Provided, That the conditions ofsiction 1.7 are complied with:

(1) Trucks. (i) Any truck exclu-sively engaged in hauling fuel.

(ii) Any truck or other industrial orconstruction equipment owned or oper-ated by a contractor engaged in work ona United States Government construc-tion project.

(iII) Any truck or other industrial orconstruction equipment found by theBoard to be essential to the war effort,public health or public safety.

(2) Buses. Any bus operated exclu-sively under contract or concession fromany agency of the United States Gov-ernment.

Article I-Applications- and CertificatesSEc. 2.1 Applications-(a) Who may

execute and file. Any person may filewith the Board an application for a cer-tificate authorizing the acquisition oftires, tubes or recapping sbrvice. Ap-plication may be made by an agent; but

If the agent is not an employee of theapplicant, he may sign the applicationonly if the applicant for whom he Is act-ing is physically unable to sign or Iroutside the jurisdiction of the Board.No member or employee of the Boardto whom application is made shall actas agent of an applicant. The Boardmay require that principal and agent,or owner and operator join in an appli-cation. If application is made for a ve-hicle owned by a subcontractor on aUnited States Government constructionproject, the application must be made inthe name of the prime contractor forsuch project.

(b) Contents of application, Eachapplicant shall set forth (1) facts show-ing jurisdiction of the Board, (2) factsshowing need and eligibility for thetires, tubes or recapping service forwhich application Is made, and (3) suchadditional Information and commit-ments as may be required by the applica-tion or by the Board. A separate applircation must be filed on OPA Form R-1(Revised) for each vehicle.

(c) Certification by applicant. Theapplicant shall, in his application,'statethe true and complete facts required bythe application or the Board to be sobforth therein, and shall certify suchfacts. If aft application is made by anagent, both the principal and agent shallbe bound by and deemed to have knowl-edge of all statements set forth in theapplication.

SEc. 2.2 Certification by inspectorprior to filing of applicatlon-(a) In-spection of tires and tubes. No consumermay file an application for a certificate,and no such application shall be con-sidered by the Board, until an inspectorappointed and authorized by the Boardhas currently inspected the tires or tubesto be replaced or. recapped and hasexecuted and signed the "Certificationby Inspector" contained in OPA FormP.-1. This paragraph shall not applywhen application is made for the follow-Ing purposes:

(1) To acquire a tire or tube neces-sary to equip a vehicle not equipped withthe number of tires or tubes permitted insection 4.1 (e); or

(2) To replace 6, lost or stolen tire ortube; or

(3) To acquire a tire or tube necessaryto equip a vehicle in use on a UnitedStates Government construction projectin any outlying area where it would beimpracticable to present the vehicle atan inspection station or for an author-ized inspector to travel to the locationof the vehicle. In such cases, a commis-sioned officer of the United States Armyor Navy, or if no such officer is stationedat the project, then a responsible em-ployee of the applicant, must certifythat the tires or tubes are needed forthe operation of a vehicle which is neces-sary for the continuance of work on suchproject.

(b) Thorough inspection required.No Inspector may certify any fact con-cerning the condition of a tire or tubewithout making a personal and adequateinspection to determine such fact: and

8834


no inspector shall certify that a tire canbe recapped or that a tube needs re-placement unless he removes the tireor tube from the wheel or rim. A chargemay be made for inspection service insuch-amount as may be determined bythe Rationing Administrator for TheCanal Zone.

SEC. 2.3 Investigation of facts byBoard-(a) Power of Board. Before is-suing a certificate the Board may requiresuch assurances and proof of such factsas it may-deem necessary to determinewhether an applicant should be issueda certificate. For this purpose theBoard may make inquiries and investi-gations and may require an applicantto appear in person or by agent at thecffice of the Board at a designated timeand supply-such additional evidence andinformation and furnish such recordsand affidavits as may relate to the appli-cation.

(b) Additional information. If theapplicant is applying for tires or tubesto be mounted on a vehicle which hasless than the number of tires permittedby section 1.7 (a) (5) and which he haspurchased or contracted to purchase, theBoard shall require him to submit to-gether with his application an affidavitfrom the vendor of the vehicle statingin full the reasons why the vehicle isnot equipped with a sufficient number oftires or tubes. The Board must be sat-isfied from such an affidavit before itmay grant a certificate that the vendoris not responsible for the lack of a suffi-cient number. of tires or tubes for suchvehicle.

SEC. 2.4 Notation of reasons for action.Whenever the Board acts upon an appli-cation, it shall note the reasons for itsaction upon the application. If the ap-plication is granted, the number, grade,and type of tires or tubes, or the type ofrecaping service shall be noted upon theapplication.

SEC. 2.5 Form of certificate to be is-sued. The Board may issue to an appli-cant who has established need and eli-gibility under this Ration Order No. 1Da certificate on OPA Form R-2 (Revised)authorizing an applicant to acquire tires,tubes, or recapping service.

SEC. 2.6 Certificates non-transferable.No certificate or any part thereof maybe transferred except as authorized byRation Order No. 1D, or by the Office ofPrice Administration, or in exchange for

.tires, tubes or recapping service.SEC. 2.7 Execution and issuance of

certificate-(a) Execution of certiflcates.It shall be the responsibility of the Boardprior to issuing any certificate, to fill inParts A and B of the certificate settingforth the information required. It shallalso be the responsibility of the Board toindicate on Parts C and D of the certifi-cate the number of the Board and itsaddress. No certificate shall be validunless Part A is signed by the issuing offi-cer of the Board, who may be either amember of the Board or one of its clerksdesignated to act s issuing officer.

(b) Replaced tires. The Board shallindicate on the certificate the tires ortubes to be replaced (including scraptires or tubes). The applicant shall turnin all tires and tubes to be replaced, ex-cept when he is having his tire recapped,or if he can establish that he has notires or tubes to turn In because he isacquiring a tire or tube necessary toequip a vehicle not equipped with thenumber of tires or tubes permitted bysection 1.7 (a) (5) replacing a lost orstolen tire or tube, or is a governmentagency forbidden by law to make suchdisposition.

(c) Issuance of certificates. When allof the foregoing steps have been taken,the Board shall issue the certificate bydelivering or mailing it to the applicantor his agent.

(1) If the certificate to be Issued bythe Board Is for recapping service, theBoard shall note on Parts A and Bwhether the certificate entitles the ap-plicant to truc&-type camelback or topassenger-type camelback.

(2) If the certificate to be issued bythe Board Is for implement tires, theBoard shall mark Part B thereof "goodfor implement or tractor tires only".

(3) If the certificate to be issued bythe Board is to be preented by theholder to the Chief Quartermaster, ThePanama Canal, for the acquisition ofthe tire, tube or recapping service whichhas been authorized, the Board shallmark Part B thereof 'Told-Not to beused for replenishment."

(4) If the certificate to be issued bythe Board is to a prime contractor ofa United States Government construc-tion project for use on a vehicle whichis the property of a subcontractor onsuch project, the applicant must agreeto the following conditions:

(i) The vehicle will be engaged ex-clusively in work on a United StatesGovernment construction project;

(ii) The tires or tubes authorized bythe certificate will remain the propertyof the prime contractor. Whenever avehicle owned by a subcontractor is re-moved from work on a project, such tiresor tubes will be removed from the vehi-cle and shall not under any circum-stances become the property of the sub-contractor.

(ill) The tires or tubes authorized bythe certificate will be suitably brandeds(, as to be readily identifiable as theproperty of the prime contractor.

(iv) A report will be made to theBoard by the prime contractor if thevehicle is no longer required on suchproject. If the vehicle Is to be used bythe subcontractor on another UnitedStates Government construction projecthaving a different prime contractor, theBoard may issue authority for the sub-contractor to retain the use of suchtires or tubes.

SEC. 2.8 Action by certificate holders-(a) Use of certiflcate. A certificateproperly executed and Issued may beused by the person to whom It was issuedwithin the time and for the purpose

specified thereon. After the expirationdate thereon, the cc-rtificate shall bevoid and the applicant shall surrenderIt to the Issuing Board.

(b) Signing of certificates. The ap-plicant or his agent shall sign dnd ex-ecute the appropriate portions of thecertificate in accordance with the in-structions thereon, prior to acquiringthe tires, tubes or recapping servicespecified thereon. The same personshall sign Parts B, C and D of OPA FormR-2 (revised) where the signature of thecertificate holder is required. No mem-ber or employee of the Board issuing thecertificate, and no dealer shall act asagent of the applicant in signing PartsA, B, C or D of OPA Form R-2 (revised).

(c) Certificate to be completed. Nodealer shall transfer tires or tubes untilboth he and the applicant have properlysigned and executed the certificate inaccordance with the instructions there-on.

(d) Delivery pursuant to certificate.If the foregoing requirements have beenfulfilled, the dealer to whom the certifi-cate has been surrendered shall deliver tothe person indicated thereon, or to hisagent, the exact number, type, grade andsize of tires or tubes or the type of recap-ping service set forth on the certificate.

SEC. 2.9 Splitting of certificates. Theholder of a certificate who is unable toacquire from one supplier all the tires,tubes or recipping service which he hasbeen authorized to acquire may returnthe certificate to the issuing Board andthe Board shall thereupon cancel the re-turned certificate and issue as manycertificates as are necessary to permitthe acquisition of such tires, tubes or re-capping service from several suppliers.SEc. 2.10 Revocation of certificates.

An$, certificate, part of a certificate orauthorization issued under Ration OrderNo. 1D shall be subject to revocation,cancellation, suspension, correction ormodification by the Board or other agentdesignated for this purpose.Szc. 2.11 Refusal of certificate. If the

Board or other designated agent findsthat an applicant has violated any pro-vision of Ration Order No. 1D or RationOrder No. 5"D. the Board may refuse toissue a certificate to the applicant andmay declare that he shall not be eligibleto receive a certificate for such periodas It shall deem appropriate in the pub-lic interest. In sVch case, the Board orother such agent shall serve upon theapplicant a written statement of thegrounds upon which the certificate wasrefused and the period for which he isdeclared ineligible.Article 111-Prohbited and Permitted

Transactions

SEc. 3.1 Prohibitions. (aY Notwith-standing the terms of any contract,agreement or other obligation, regard-less of when made, no person, unless per-mitted by Ration Order No. ID, or byan order, authorization or regulationissued by the War Production Board,shall:

8835


(1) Make or offer to make, accept oroffer to accept, or solicit a transfer ofany tire, tube or camelback; or

(2) Use, alter, or change the physicallocation of any tire, tube or camelback;or

(3) Mount any tire or tube upon awheel or rim.

SEC. 3.2 Mounting or use of tires ortubes-a) Mounting or use generally.Subject to the restrictions of paragraph(b) of this section, any person maychange the physical location of, mountor use:

(1) Tires or tubes which have beenacquired or recapped on certificate issuedby the Office of Price Administration onthe vehicle eligible under section 1.8 or1.9 for which they were acquired, or onany other such vehicle owned or con-trolled by such person;

(2) Tires or tubes owned and possessedby him prior to October 1, 1942, on any"vehicle owned by him.

(b) Mounting from stock prohibited.No dealer shall mount or use tires ortubes taken from his stock unless he hasobtained a certificate authorizing suchmounting or use.

Szc. 3.3 Transfer to Consumers uponcertificate-(a) By dealers. A dealermay, in exchange for a certificate, trans-fer tires or tubes to a consumer.

(b) No tire in stock. A dealer whodoes not have in stock a -tire or tubeordered by a consumer may, with theconsumer'9 permission, transfer the re-plenishment portion of a certificate orreceipt to a supplier and obtain the num-ber of tires or tubes specified thereonfor transfer to the consumer.

(c) Tire requiring repair or recapping.No dealer may transfer to a consumer atire that requires repair or recapping,

(d) By Chief Quartermaster. Tiresor tubes in the custody of the ChiefQuartermaster, The Panama Canal, mayonly be transferred to a consumer in ex-change for a certificate, except as pro-vided in section 6.6 (a).

SEc. 3.4 Dealer transf ers- (a)Changes of location. A dealer maychange the location of tires or tubeswithin a single establishment: Provided,That no change in ownership, possessionor control occurs.

(b) Tires or tubes-l) Restrictionson transfer of Parts B. No person shalltransfer Part B of OPA' Form R-2 (Re-vised) and no person shall accept suchtransfer, unless the transferor firstendorses his name and address thereon.A Part B of a certificate or receipt shall.become void for purposes of replenish-ment when it has been transferred fivetimes for such purpose: Provided, Thata supplier.,may, without endorsement,return a Part B to the dealer from whomhe received it, If he is unable to supplythe tires or tubes specified thereon.

(2) Permitted replenishment of tiresor tubes. Any dealer may, in exchangefor-a properly endorsed replenishmentportion (Part B) of a certificate or re-ceipt, transfer to another dealer or man-ufacturer the number of tires or tubesauthorized by the certificate or receipt inaccordance with the table below:

If Part B calls for:Any siz Grade I

tire-Any size Grade I

tireAny size truck-

type tireAny size tractor-

type tireAny size passenger

tubeAny size truck

tube

Dealer may replenishwith:

Any size Grade Ior 311 tire

Any size Grade MItire

Any size truck-type tire

Any size tractor ortruck-type tire

Any size passengertube

Any size truck tube

(3) Transfers by dealers without cer-tificates. Any dealer may, without cer-tificate, transfer tires or tubes to hissupplier only to return tires or tubesof a size, grade, type or quality otherthan that ordered by him and his sup-plier may, without certificate, transferto him in exchange therefor tires ortubes of the size, grade, type or qualityordered.

(c) Transfer of dealer's business.Any dealer may, without certificate,transfer as a unit his entire stock oftires or tubes with any replenishmentportions (Part B) of' certiflcate or re-ceipts to other dealers who may acquiresuch stock for resale: Provided, That thetransferor shallfile a statement con-taining the name and address of thetransferee and an inventory of thetires, tubes, and replenishment portions(Part B) to be transferred, with theBoard at least ten days before makingsuch transfer.

SEc. 3.5 Transfers without certificate,special authorization or notice-Ca)Changes in location. A person, otherthan a dealer, may without certificate,change the location of tires or tubes ifno change in ownership, possession orcontrol results.

b) By consumers. A consumer,other than a dealer, may, without cer-tificate, transfer tires or tubes to adealer.

'(c) Transfer on vehicles. A personmay, without certificate, transfer a tireor tube as part of the equipment of avehicle, provided that such transfer isnot prohibited by any order or regula-tion issued by the Office of Price Admin-istration or the War Production Board.

d). Transfers for repair, mountingor inspection. A person may, withoutcertificate, temporarily transfer tires ortubes to any person engaged In the busi-ness of repairing tires and tubes, forpurposes of inspection, mounting or re-pair only and may, without certificate,acquire such tires or tubes- after suchmounting, repair or inspection.

(e) Return of lost or stolen tires, tubesor camelbacs. A person may, withoutcertificate, transfer tires or tubes whichhave been lost, stolen or otherwise wrong-fully or mistakenly acquired to the per-son rightfully entitled thereto.

(f) Exchange. of tires or tubes. A.con-sumer.who in exchange for a certificateacquires any tire or tube that is of a sizeor grade different from that ordered may,without certificate, but only within thirty(30) days after its .acquisition, exchangeit with the transferor for the size or gradeordered if such tire or tubd has not beenused by such person.

(g) Transfer of recappable tire to ro-capper. A dealer who Is not a recappermay, without certificate, transfer a re-cappable tire carcass to a recapper.

(h) Transfers to and frot carriers.A person may, without certificate, trans-fer tires or tubes to a carrier for ship-ment, and such tires or tubes may betransferred by such carrier to the con-signee in the regular course of business:Provided, That the transaction betweenthe consignor and the consignee shallremain subject to the provisions of Ra-tion Order No. 1D.

SEC. 3.6 Transfers -to certain Govern-ment agencies and for export-Wa) Gov-ernment agencies. A person may trans.fer tires, tubes or camelback. to or forthe account of the Army, Navy, MarineCorps, or Coast Guard of the UnitedStates, The United States Maritime Com-mission, The Panama Canal, the Coastand Geodetic Survey, the Civil Aeronau-tics Authority, the National AdvisoryCommission for Aeronautics, the Officeof Scientific Research and Development,but not to or for the accoUnt of any offi-cer, member, or employee of any of theforegoing for use on a privately-ownedvehicle, regardless of the extent to whichsuch vehicle Is used on official business,nor to or for, the account of any postexchange, ships' service store, commls-sary, or similar agency or organization,except for use on vehicles operated by it.

(b) For export. A person may trans-fer tires, tubes or camelback for exportto and consumption in any foreign coun.try, for government or private account,if the exporter has been Issued an exportlicense for the tires, tubes or camelbackto be exported.

(c) Receipt. A dealer who makes anytransfer pursuant to paragraph Ca) or(b) shall obtain a receipt from the pur-chaser upon OPA Form 1-12 (Revised).

Szc. 3.7 Offenses-Ca) Mutlilation andforgery of certificates. No person shallwithout lawful authority willfully de-face, mutilate, or destroy any certificate,receipt, authorization (whether issued orunissued), or any part thereof, and noperson shll counterfeit or forge anysuch instrument or any part thereof.

(b) Illegal transfer of certificates,No person shall transfer or assign, andno person shall accept any transfer orassignment of any certificate, receipt,authorization (whether Issued or unis-sued), or any part thereof, except in ac-cordance with the provisions of thls,ration order,

(c) Illegal use and possession of der-tificateg. No person shall use, possess,or control any certificate, receipt, au-thorization, or any part thereof, exCeptthe person or the agent of the personto whom such certificate, receipt, asu,thorization (whether issued or unis-sued), or any part thereof, was issued,or-by whom it was acquired In accord-ance with the provisions of this rationorder.

(d) Possession of forged certificates.No person shall without lawful authoritytransfer or accept - transfer of, or havein his possession or under his controliany forged, altered, or counterfeited cer-tificate, receipt, authorization (whetherissued or unissued), or any part thereof.

8836

FEDERAL REGISTER, Tuesday, June 29, 1943 8S37

(e) Illegal possessiow or use of tires.No person shall possess, use, or permitthe use of any tires, tubes or camelbackacquired in violation of this rationorder, and no person shall possess, useor permit the use of tires, tubes orcamelback acquired under this rationorder for any purpose in violation of thisration order.

(f) Abuse of tires. No person shall,without lawful authority, abuse, alter,damage, or neglect any tire, tube orcamelback in his possession or control.Failure to make timely application forrecapping or replacement shall consti-tute one form of abuse within the mean-ing of this paragraph.

(g) Speed limitation. No person shalluse or permit the use of tires or tubesin the operation of a motor vehicle at anyrate of speed in excess of the applicablespeed laws. This restriction shall not ap-ply to the operation of a motor vehicleby the Army, Navy, Marine Corps, CoastGuard, or to meet an emergency in-volving serious threat to life, health, orsafety: Provided, That this paragraphshall not be construed to authorize anysuch motor vehicle to be driven at a rateof speed in excess of that which is rea-sonable under the circumstances.

(h) Illegal use of gasoline. No per-son shall use or permit the use of tires ortubes upon a motor vehicle for whichgasoline has been obtained in violationof Ration Order No. 5D or for whichgasoline or other fuel is used in violationof that order.

(i) False statements. No person shall,in any application, record, report, cer-tificate or other document made pursuantto or required by the terms of this rationorder, make any untrue statement ofany fact, or omit to state any fact re-quired to be stated therein or necessaryto make the statements therein not mis-leading.

Q) Attempts. No person shall solicit,offer, attempt, or agree to do, either di-rectly or indirectly, any act in violationof this ration order.

(k) No person shall sell or transferany tire, tube, camelback or recappingservice at a price in excess of the ap-plicable maximum price established bythe Office of Price Administration.

Article IV-Records and ReportsSEc. 4.1 Posting names of successfuZ

applicants. At intervals of not more thanone week, a list of the names of the re-cipients of certificates issued during theprevious week shall be pqsted at the officeof the Board for public inspection andshall be released to the press.

Sic. 4.2 Disposition of parts of cer-tificates and receipts-(a) Certificatesor receipts for tires or tubes. A trans-feror of tires or tubes to whom a cer-tificate or receipt is surrendered by anapplicant shall complete all the partsthereof and dispose of them as follows:(1) Part A. Part A of OPA Form R-2

(revised) shall be retained by the trans-feror as his record; Part A of OPA FormR-12 shall be sent to the Board withinfifteen (15) days from the end of eachcalendar month in which deliveries havebeen made.(2) Part B. Part B of OPA Form R-2

(revised) and R-12 (revised) shall be

used by the dealer for replenishment ofstock. Parts B not so used shall be sentto the Board.

(3) Part C. Part C of OPA Form R-2(revised) shall within three days of thedate of transfer of the tires or tubes, besent to the Board which shall retain It asits record. Part C of OPA Form R-12shall be retained by the transferor as hisrecord. *

(4) Part D. Part D of OPA Form R-2(revised) and OPA Form R-12 shall beretained by the transferee as his record.

(b) File of certfllcates and receipts.Every dealer shall maintain a file of allcertificates, receipts, or parts thereofwhich he is required to keep as hisrecords.

SEc. 4.3 Inventories of sellers of tiresand tubes. (a) Every person engaged inthe business of selling or holding forsale tires or tubes, shall:

(1) At the close of business on thelast day of each month take an inventoryof all unmounted tires and tubes in hispossession or control and keep a recordthereof. Such inventory shall be basedon a physical count.

(2) File a report with the Board onOPA Form R-17 (revised), in accord-ance with the instructions thereon, foreach quarter ending March 31, June 30,September 30, and December 31, settingforth all unmounted tires and tubes inhis possession or control on the last dayof such quarter and all transfers of tires

-and tubes made during such quarter.(3) File a report with the Board If

the grade of any tire has been changed,setting forth the reasons for such changeof grade, and shall not sell the tire untilfive days after the report has been filed.

SEc. 4.4 Preservation and flling ofrecords. Any person affected by thisration order shall keep and file such ad-ditional records and reports as may berequired. Any record required to be keptby this ration order shall be preserved fornot less than two years. Such recordsand any other records relating to tiresor tubes shall be available at all timesfor inspection. '

SEc. 4.5 Notice of legal proceedings.Every person holding a certificate, partof a certificate or authorization shall,immediately upon the commencement ofany legal action or proceeding involvingsuch certificate, part of a certificate orauthorization, notify the Board.

SEc. 4.6 Report of violations. Anyperson may report a violation of thisration order to the Board.

Article V-Appcals

SEc. 5.1 Decision of Board. Afteracting upon an application the Boardshall notify the applicant of its decisionand, If the application is denied In wholeor in part, shall state the reasons forits decision.

SEc. 5.2 Who may appeal. Any per-son whose application for a certificate,part of a certificate, or authorization hasbeen denied in whole or in part by actionof the Board, or whose certificate, partof a certificate, or authorization has beenrevoked, cancelled, suspended, or modi-fied by action of the Board, may appealfrom such action to the Rationing Ad-ministrator for The Canal Zone.

Src. 53 Time to appeal. An appealmust be filed by the appellant within ten(10) days after notice of the decisienof the Board.

Article VI-EnforcementSEc. 6.1 Criminal prosecutions. (a)

Any person who knowingly falsifies anapplication or any other record, reportor certificate made pursuant to or re-quired by the terms of this ration order,or who otherwise knowingly furnishedfalse information to the Board or aninspector, agent, employee or officer ofthe Office of Price Administration, orfalsifies or conceals or covers up by anytrick, scheme or device a material fact,or makes or causes to be made any falseor fraudulent statements, or represen-tations, in any matter within the juris-diction of the Office of Price Adminis-tration, may upon conviction be finednot more than $10,000 or imprisoned fornot more than ten years, or both, andshall be subject to such other penaltiesor action as may be prescribed by law.Any person who conspires with anotherperson to perform any of the foregoingacts or to violate any provision of thisration order may upon conviction beRned not more than $10,000 or impris-oned for not more than two years, orboth, and shall be subject to such otherpenalties or action as may be prescribedby law.

(b) Any person who willfully per-forms any act prohibited, or willfullyfalls to perform any act required, by anyprovision of this ration order may uponconviction be fined not more than $10,-000 and imprisoned for not more thanone year, or both, and shall be subject tosuch other penalties or action as maybe prescribed by law.

SEc. 6.2 Suspension orders. Any per-son who violates this ration order mayby administrative suspension order beprohibited from receiving any transfersor deliveries of, or selling or using orotherwise disposing of any tires, tubes,or gasoline. Such suspension order shallbe Issued for such period as in the judg-ment of the Governor or suclr personas he may designate for such purpose,Is necessary or appropriate in the publicinterest.

Effective DateThis ration order shall become effec-

tive July 1, 1943.Issued this 18th day of June 1943.

Grxn E. EvanToN,Rationing Administrator

For The Canal Zone.[F. P.. Dc. 43-10172: Filed, June 25, 1943;

9:33 a. m.]

PAT 1315-RuBnsa Arm PnODucTs AND MA-TEZALS o WmcH RUBBER Is A CO!apO-

[EMM403 l

FOR cOVEummrL USE

CorrectionThe table in Schedule B of section.22

Appendix C: Form for application foradjustment, (8 F. R. 7504), should readas follows:


1938 1937 1938s 17n9 1940

N ot salp ---------------------------------------. . . . . . . .. .. . . .. .. .. ..Cost of goods sold --------------.. . ... .. .. . . .. .. .G ross profit ----------------------- ... ... .... ... ... ... .... ... ... ... ... .... ... . .. ... ...Administrative expense ----------. ..-.-.-.---------.--... ..................... ......Slling expenses .......- ---............................................... ...................

Net operatlngprofit -----------.----- ---------.-Other income les other expen . .. ......e.. .... ....... ....... ........ . ... .Net profit before Income taxes --------------- ........... ............... . . . . .....

D ebt (except current) at end of year .............. ................... ..................--- .--------- . .. .N ot worth at end of year ------------.-------.--- .... ....... .. ... .. ... .T otal assets ..... ..... ..... .... ..... ..... ... . ..... .... . .. . .--- ------------... ...

PART 1499-COSM ODITIES AND SERVICEs[Amdt. 1 to Order 66 "Under § 1499.3 (b) of

A. W. TODD COMPANY, INC.

Maximum prices authorized under§ 1499.3 (b) of the General MaximumPrice Regulation.

For the reasons set forth in an opinionissued simultaneously herewith, § 1499.-280 (a) (2) is amended to read as fol-lows:

(2) Add to the unit direct cost asdetermined above an amount not to ex-ceed twenty per cent of such unit directcost.

This amendment shall become effec-tive June 25, 1943.(Pub. Laws 421 and '729, 77th Cong.; E.O.9250, 7 FR. 7871; E.O. 9328, 8 F.R. 4681)

Issued this 24th day of June 1943.PRENTISS M. BROWN,

Administrator.

Jr. P. Doe. 43-i0232; Filed, June 25, 1943;12:21 p. m.]

PART 1499-CoLMODITIiS AND SERVICES[Order 556 under § 1499.3 (b) of GIPRI]

F. EGGERS PLYWOOD AND VENEER COMPANYF. Eggers Plywood and Veneer Com-

pany, Two Rivers, Wisconsin, has madeapplication under § 1499.3 (b) (2) of theGeneral Maximum Price Regulation forthe approval of a maximum price on aquantity of birch airframe veneer. Dueconsideration has been given the appli-cation and an opinion in support of thisorder, issued simultaneously herewith,has been filed with the Division of 'theFederal Register. For the-reasons setforth in the opinion and under authorityvested In the Price Administrator by theEmergency Price Control Act 6f 1942,as amended, and Executive Order 9250,It is ordered:

§ 1499.1994 Approval of maximumPrice for birch airframe veneer. (a)F. Eggers Plywood and Veneer Company,Two Rivers, Wisconsin, may ell anddeliver to the Procurement Division ofthe Treasury Department and the Pro-curement Division of the Treasury De-partment may buy and receive from F.Eggers Plywood and Veneer Company1,000,000 sq. ft. of birch "airframe" ve-neer as specified In contract DA-TPS25446 at a price not to exceed $31.50 perM square feet, f. o. b. mill.

17 F.H. 7251.

(b) Any collections made in excess ofthe -price specified in this order must beadjusted to -conform to the m1aximumpXice authorized by, this order.

(c) Any and all relief not hereingranted is specifically denied.

(d) This order may be amended or re-voked by the Price Administrator at anytime.

The effective date of this order shallbe June 25, 1943.

Issued this 24th day of June 1943.PRENTIss M. BROWN,

Administrator.

IF. R. Doe. 43-10233; Filed, June 25, 1943;12:24 p. m.]

PART 1499-Co ZnoDrnEs AND ZERVlcES

[Order 557 Under § 1499.3 (b) of GMAR]

CERTIFIED METALS 112G. CO., INC.

For the reasons set forth in an opinionissued simultaneously herewith and filed-with the Division of the Federal Register,and pursuant to and under the authorityvested in the Price Administrator by theEmergency Price Control Act of 1942,as amended, Executive Order No. 9250and § 1499.3 (b) of the General Maxi-mum Price Regulation, It is hereby or-dered: -

§1499.1995 Approval of maximumprices for sales and deliveries of zinc diecast notched bars by Certified MetalsMfg. Co., Inc. (a) The maximum priceat which Certified Metals Mfg. Co., Inc.,432 Oliver Street, Cincinnati, Ohio, maysell and deliver zinc die cast notched barsshall be 6.80 cents per pound f. o. b. pointof shipment.

(b) As used in this Order No. 557 theterms "zinc die cast notched bars" shallmean notched bars of uniform alloy con-tent suitable for galvanizing purposesand containing approximately 5% alum-inum; a small percentage each of copper,tin, lead, iron, magnesium, and the re-mainder zinc.

(c) This Order No. 557 may be revokedor amended by the Price Administratorat any time.

This Order No. 557 shall become effec-tive June 25, 1943. -


Administrator.[P. R. Doc. 43-10234; Filed, June 25, 1943;

12:22 p. m.]

PART 1499--CommoDiTiEs AND SERVICES[Order 659 Under § 1499.8 (b) of GMPR]

GLASER, CRANDELL CO.For the reasons set forth in an opinion

issued simultaneously herewith, It tsordered:

§ 14991997 Authorization of maxi-mum. prices for sales of "EverbestOrange-Grapefruit Marmalade" by Gla-ser, Crandell Co. (a) On and after June25, 1943, the maximum selling prices for"Everbest Orange-Grapefruit Marma-lade", for sales by Glaser, Crandell Co.,2000 So. Western Avenue, Chicago, Illi-nois, shall be the prices per dozen, f. o. b.factory, listed opposite the respectivecontainer sizes as follows:

Per dozelOne pound Economy jar ---------- 01.78One pound Modern jar ----- 1.80Twb pound Modern jar 3.12Two pound Squat Jar ----------. .... 3.25Four pound Modern jar ----------. 0.08

(b) Glaser, Craudell Co. shall applythe same discounts, allowances and pricedifferentials, including price differentialsbetween different classes of purchasers,to its maximum prices for "EverbestOrange-Grapefruit Marmalade" as Itcustomarily applies to sales of Its othermarmalade items, unless a change Inthese customary discounts, allowancesand price differentials results in lowerselling .prices.

(c) This Order No. 559 may be re-voked or amended by the Price Admin-istrator at any time.

(d) This Order No. 559 (0 1499.1997)shall become effective June 25, 1943.(Pub. Laws 421 and 729, 77th Cong.:E.O. 9250, 7 F.R. 7871; E.O. 9328,.8 P.R.4681)

Issued this 24th day of June 1943.PnEirfss M. BnoWN,

Administrator.IF. n. Doc. 43-10235; Flied, Juno 25, 1943;

12:21 p. in.]

PART 149--CoDUIODITIES AND SERVICS[Order 560 Under § 1499.3 (b) of OMPRI

FROSTED FOODS SALES CORP,

For the reasons set forth In an opinionissued simultaneously herewith, It isordered:

§ 1499.1998 Authorization of a maxi-rmum price for sales of "Birds Eve" brandquick-frozen codfish, cakes by FrostedFoods Sales Cbrporation. (a) On andafter June 25, 1943, the maximum pricefor sales by Frosted Foods Sales Corpo-ration, 250 Park Avenue, New York, NewYork, of "Birds Eye" Brand Quick-FrozenCodfish Cakes, in 12-ounce packages,shall be $2.80 per dozen packages, de-livered to purchasers' stations.

(b) Frosted Foods Sales Corporation.shall apply to the maximum selling priceestablished by this order the same dis-counts, allowances and price differentials,Including price differentials between dif.ferent classes of purchasers, which Itcustomarily applies to sales of compa-rable items, unless a change in these cus-tomary discounts, allowances and price

8838

,FEDERAL REGISTER, Tuesday, June 29, 1943

differentials results -in lower sellingprices.(c) This Order No. 560 may be revoked

or amended by the Price Administratorat any time. "

(d) This Order No. 560 shall becomeeffective June 25, 1943.

(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 F.R. 7871; E.O. 9328, 8 P.R. 4681)

Issued this 24th day of June 1943.PRENTISS M. BROwM,

Administrator.

[F. R. Dec. 43-10236; Filed, June 25, 1943;12:21 p. m.]

PART 1390-MlAcHINERY AND TRAxsPORTA-TION EQUIPIENT

[MPR 136,1 as Amended, Amdt. 93]

ISACHINES AND PARTS, AND LACHINERYSERVICES -

A statement of the considerations in-volved in the issuance of this amend-ment, issued simultaneously herewith,has been filed with the Division of theFedera Register.*

Maximum Price Regulation 136, asamended, is amended in the followingrespects:

1. Section 1390.12 (b) is amended toread as follows:. (b) If for any machine or part, the

lessor thereof had no published or con-fidential rental rate in effect on Octo-ber 1, 1941, the maximum rental rateshall be the rental rate approved in writ-ing by the Office of Price Administrationafter the lessor has submitted the reportrequired by subparagraph (1). Suchrental rate shall be in line with the rentalrates charged on October 1, 1941, forthe rental of machines or parts thesame as, or similar to, the one beingrented. Unless the Office of Price Ad-ministration shall in writing within 30days after receipt of the report requiredby subparagraph (1) disapprove ,hemaximum price as reported, such priceshall be deemed to have been approved,subject to disapproval or adjustment atany time by the Office oi Price Admin-istration. Within five days prior tothe filing of such report and during such30 day period, such lessor may quote,

*Copies may be obtained from the Officeof Price Administration.

17 FR. 3198. 3370, 3447, 3723, 4176, 5047,5362, 5665; 5908, 6425, 6682, 6899, 6964, 6965,6937. 6973, 7010, i246, 7320, 7365, 7509, 7602,7739, 7744, 7907, 7912, 7945. 7944, 8198, 8362,8433, 8479, 8520, 8652, 8707, 8897, 9001, 4948,90411, 9042. 9053. 9054, 9729, 9736, 9822, 9823,9899, 10109, 10230, 10556; 8 P.R. 155. 369, 534,1058, 1382, 2270, 3314, 3370, 3848, 4341, 4476,4515, 4516, 4524, 4787, 5567, 5306, 5746, 5818,6359, 6614, 7106, 7197, 7260, 7261.

contract, or lease any such machine orpart at the proposed rental and maymake delivery, but no rental paymentshall be made until a maximum rentalrate has "been e.tablLshed either by theapproval of the office of Price Admin-istration or its failure to disapprovewithin 30 days after receipt of the lessor'sreport. Payment shall be In accordancewith the established maximum rentalrate. No rental payment shall be re-ceived by a person who has leased amachine or part without submitting areport required by this paragraph. TheOffice of Price Administration may ofits own accord set the maximum rentalrate for any machine or part whichhas been delivered under a lease or rentaland for which the report required bythis paragraph has not been submittedto the Office of Price Administrationwithin five days after delivery. Such amaximum rental rate shall be in linewith the level of maximum rental ratesauthorized by this section.

2. Section 1390.12 (b) (1) Is amendedto read as follows:

(1) The lessor of a machine or partshall file a report with the Office of PriceAdministration, Washington, D. C., con-taining a description In detail of themachine or part he proposes to rent,including the name of the manufacturerand the model number, the proposedrental rate, the proposed billing date,and the relevant price data used by thelessor in arriving at the proposed rentalrate. If such lessor desires such rentalto become the maximum rental appli-cable to subsequent leases and deliveriesof such a machine or part, a statementthat the report is also filed pursuant tosection 1390.13 should be included.

3. Section 1390.12 (b) (2) is herebyrevoked.

This amendment shall become effec-tive July 1, 1943.

(Pub. laws 421 and '129, 7th Cong., E.O.9250, 7 P.R. 7871; E.O. 9323, 8 P.R. 4631)

Issued this 25th day of Jun 1943.Pnmrr=s LL Bnowir,

Administrator.

IF. H. Dov. 43-10242; 4Filed, Juna 15, 1943;4:18 p. m.]

PAn1T 1403-GLAss AND GLSS CosrumsIlPE 332o, Amdt. 11

VMnE ZourH GLASS CONAINERS

A statement of the considerations in-volved in the Issuance of-this amend-ment, Issued simultaneously herewith,has been filed with the Division of theFederat Regster.*

Maximum Price Regulation 382 isamended in the following respects:

1. Section 5.1 (c) is added to readas follows:

(c) Special maximum Prices forplants reclassified as plants sufferinghardship. (1) Notwithstanding theprevious provisions of this section, anyplant in the Eatem Area which hasbeen reclassified as being within thisparagraph by an express authorizationby the Office of Price Administrtionunder the provisions of section 1.10 (c)of this regulation may use the following.as Its base prices for wide mouth glasscontainers instead of the prices list- Iin the table for the standard containersand tables 1 to 19, inclusive, for contain-ers other than standard containers inparagraphs (a) and (b) of this section:

() For standard containers.

*Cople- may be obtained from the Omceof Price Admini-tration.

I8 PR. 6215.

[Qunntit~m IL-tedtenur mae fcr rbpmzn ci c" timi =0d ame for OiCAA£103 nids]

CeppOety in ctmncs Uln1M PcOrO 0 , U than ,efrzsnreCapocty inounce T, I

4' ....................... 43 4 12. 3-, M2.o 2.4023 2 2.10 2.0 Z 113 2.2 45

15.................. B 2 2.2 2.70 Z4 c .e5 2... .................. ts 2 Z Z cil 2.70 .25 70

151/ . 3 2 2.2 2.7Z10 2. E3 3.X3 so16~::C... 3 1 2.E3 2.20 3.0 3.25 2

18 . ....... 23 1 2.0 3.0 3.10 3.5 122,1S ............... 3 . .0 .0 -.934 1.3 1 MIS 3.10 3.-Z 3.45 11-3 1 3.3 3.15 3.23 3. 11

2 1................... M 1 3.15 3. 3.5 3.0 I321 ..... . 3 I 3.0 3. adO IZ(Bs ..................... 33 1 3 14 3.20 3.75 M

lAs defdlacd In plarh (b) iim #dlaaiy nb37. VWhn "c=tr t1.zn C cr t13 crtcas ar t I, tha rooer d[fersental I stcd In theTab of '= DdLarntba?,to t3 AdlIs to B uy- Czn Pra zcsrcrGrcss, inps ra h (b) above-may bo added to the prem3 hcro :t forth. WVLr, IMpmat uz,1,3 a blk r in czfr s-a or whn no arton,are furnsbcd by them- te appllfebb "SIllb C" dWi ne1z: aprc.lng in that Tab of Ca:s Differnteas ifn.be subtracted from the p rI here IiLtcil to drtcmln the maximum prize.

8839


(ii> For containers other than stand-ard containers. In every case a price nohigher than that at which-the manufac-turer ;sold or offered for sale the con-tainer in question during October 1941toa purchaser of the same class.

(2) All other provisions of this regula-tion, Including the requirements as to themaintenance of customary differentialsin section 4.8, remain applicable under,this section.

2. Section 5.2 (c) is added to read asfollows:

(e) Special maximum Prices for plantsr6eclassified as plants suffering hardship.

(1) Notwithstanding the previous provi-sions of this section, any plant in the.Western Area which has been reclassi-fied as being within this paragraph by anexpress authorization by the Office ofPrice Administration under the provi-'sions of section 1.10 (c) of this regula-tion may use the following as its baseprices for wide mouth glass containersinstead of the prices listed in the tablefor standard containers and tables 1 to9, inclusive, for containers other thanstandard containers ir paragraphs (a)and (b) of this section:

(a For standard containers.

[Quantities listed below am for shipment at one time and are for G CA C400 flahl

Packed 0, Shippingcapacityinunces Finish cr#ln Over 1,000 W 0-1,00[ 10G-499 LeIathan weight er

Cyl cartons• caslots case lots Ca 100 cases r inpounds

44. 48 4 $2.13 $2.23 $2.33 $2.88 40. . . . 53 2 2.51 2.61 2.1 2. 6 45

58 5 s 2 2.70 280 2.90 &151 58 2 3.01 3.11 3.21 3.46 7012 .. 8 2 3.09 3.19 3.29 3.54 7515 63 2 3.32 3.42 3.52 3.77 s016 6a 1 3.59 3.69 3.70 4.04 018Y ------------------ -- 63 1 3.96 4.06 4.16 4.41 100223 ...... . .. 63 1 4.10 4.20 4.30 4.55 110

63 1 4.18 4.25 4.33 . 4.63 11563 2 4.25 4.35 4.45 4.70 12563 1 4.34, 4.44 4.54 4.79 13063 1 4.41 4.51 4.61 4.88 10

34 .................... 63 1 4.41 4.51 4.61 4.86 135

1IAs defined in paragraph (b) immediately above.

(UI) For containers other than stand- prices to the prices set forth In sectionsard containers. In every case a price no 5.1 Cc) or 5.2 (c) (whichever is appli-higher than that at which the manufac- cable) hereof, so as to permit the main-turer sold or offered for sale the con- tenance or expansion of such production.tainer in question during October 1941 to (2) Who may apply; procedure gov-

erning application. Any person seekinga purchaser of the same class. -eclassification by the Office of Price(2) All other provisions of this regu- Administration of any plant operated by

lation, including the -requirements as to such person as a plant suffering hardshipthe maintenance:of customary differen- may file an application for such reclas-tials in section 4.8, remain applicable sification with the Office of Price Admin-under this section. - Istration, Building Materials Branch,3. Section 1.0 (6 is added to read as Washington, D.C. The application shall3.os eton1be in the form prescribed in § 1300.12 of

Revised Procedural Regulation No. 1, Is-(c) Petitions for reclassification a a sued by the Office of Price Administra-

plant suffering hardship-(l) When re- tion.'classification will be authorized. When- (3) Information to be submitted.ever it appears that a shortage exists or Each application for reclassification of athreatens to exist In the essential supply plant under this section must be accom-of wide mouth glass containers and that panied by the information listed below,a producer of such containers is unable as well as any other data which the ap-to maintain or expand his production at plicant desires to submit. This Infor-his maximum price or prices, the Office mation may be In the following form:of Price Administrition may, either on (I) Information on production, ac-application for adjustment in accordance cording to the following table (if not re-with the provisions of this section or on ported for calendar year, state date onIts own motion, adjust his maximum .which fiscal year ends):

Separately, for1936 1937I 1938 1939 194Q 1941 1042 each quarter-

year thereafter

Total production of wide mouth glass con-

tainers, In gross --.......................... ------

Total production of all glass containers, In gross. ........-----.................... .-..... -.................

Total production of al .gl=s containers, inpacked tons ----- _ I - ------.----.......... .....................-------------------

Estimated total production ofvide mouth glasicontainers, in paked tens --------------.................. . ----...............------ ------..........

8840

FEDERAL REGISTER, Tuesdaj, June 29, 1913

(ii) Condensed statement of profit andloss for applicant plant according to thefollowing table (if not reported for cal-

endar year, state date on whIch fL-calyear ends):

Separnatey, fZ

1978 1037 03 IM 110.10 jicuI 1942 oeh qzt

Net sales -----.. . . . ...............Cost ofgoods sold.__._Gromspoi .. .. .. ... . .. :

General, administrative and selling -psnss1. -_-

Net operating profit - -...

(iii) Investment in fixed assets in theplant, net of depreciation, as reportedto the Bureau of Internal Revenue foreach of the years 1936 to 1942, inclusive,and for any subsequent period in which-such investments have been made. (Ifthis is notreported for the calendaryear,state date on which the fiscal year ends.)

1936 1937 1938 1939

1940 1941 1942- (Specify)$ -- ---(4) Factors to be c~nsidered. The fol-

lowing factors are relevant to the con-sideration of -an application submittedunder this section:

(i) Overall profit of the plant duringthe base period 1936-1939, and duringintervening years, as compared, with Itscurrent profit;

(Gi) Relation of general, administra-tive andselling expanse to net sales inthe base period 1936-M939, during inter-vening years, and currently;

(iii) Volume of the plant's produc-tion of wide mouth glass containerssince 1936;

(iv) Relative proportion of the plant'sproduction of wide mouth ga contain-ers to its total gLss container produc-tion;

v) Extent of additional InvestmentIn fixed assets since January 1, 1942 (orsince the beginning of the fiscal year1942, as reported by the applicant underparagraph (3) (iII) above);. (5) Disposition of applicationis; relief.Reclassifleations may be made under thissection only on specific and exprem au-thorization by the Office of Price Admin-istration. Such authorization will per-mit the reclassified plant to use the bazeprices in section 5.1 (c) and 5.2 Wc) ofthis regulation.

4. Paragraph (a) of section 5.2 isamended to read as follows:

(a) Standard glass containcra.

TABLE FOR STANDARD GLASS 'CONT MNEfS

[Quantitls isted below ae for Ebipment at one time and re far GCA 1903 FIn' ]

YM U 2-ld 0,Or .0 Shafp;1Zy7

-Capsdty in ounces o 1 c l a l 13ts 1 x z i G-a:3 Er

-- --- 49 4 $L6 W IM U9 52.10 -241 490. 2 2"34 2.44 a-m 273 4 .es 2 2.61 2ol 2.71 2 C5

u9_ 8 2 2.81 2.01 3.0.1 a3^_0 732. .2 29. 2. 3 3. 3 IM73 1C3 2 2.08 2.18 1.Z3 2. M 9M7 1 3.34 3.44 2.5 Z.739 0

IV _ I US0 2.1-0 2.23 4.13 16 3C3 1 2.41 a.V1 4.01 &6 Z11363 1 3.89 3.93 -. 3 4.21 115E3 1 2.83 4.03 4.1i 4.41 160o-- 3 1 4.01 4.11 L.^A -1.3 M0 1 4.11 4.21 4.31 4.UI 13C___ _ £3 1 4.11 4.21 4.31 4.CU

IAsdpfined in p sraph (b) immediatcly followirz.

5. Section 1.4 is amended by deletingthe words "July 31" in the third para-graph of that sectioffand inserting intheir stead the words "June 30."

6. Section 1.5 is amended to read asfollows:

SEC. 1.5 Adjustable pricing. Any per-son may atree to sell at a price whichcan be increased up to the maximumprice in effect at the time of delivery;but no person may, unless authorized bythe Office of PFrice Administration, deliveror agreeto deliver at prices to be adjustedupward in accordance with action takenby the Office of Price Administrationafter delivery. Such authorization may

No. 127-9

be given when a request for a change inthe applicable maximum price is pending,but onlif the authorization is necessaryto promote distribution or productionand If it will not interfere with the pur-poses of the Emergency Price ControlAct of 1942, as amended. The author-ization may be given by the Adminis-trator or by any official of the 01ice ofPrice Administration to whom the au-•thority to grant such authorization hasbeen delegated. The authorization willbe given by order, except that It may begiven by letter or telegram when thecontemplated revision will be the grant-Ing of an individual application for ad-Justment.

'7. Section 2.4 (b) (1) is amended bydeleting the period after the word"LMatagorda" and adding after 'ata-gorda" the words "and the City of Ve-lasco In Brazoria County."

8. Section 5.1 (a), footnote 1, isamended to read as follows:cIA ddlned In paragraphx (b) immediatelyabove. When other than C or #13 cartonsare u:zd, the prop=r differential listed in theTable of Case DifferentLs to be Added toBulk Carton Prices per Gro.s, In paragraph(b) above. may be added to the prices hereret forth. Where chipmentIs made in bulkor In rrvlca cartons, or when no cartons arefurnkhed by the saller, the applicable "StyleC" diferentJal appearlng In that Table ofCase DIfferentlals must be subtracted fromthe prices here listed to determine the max-imum price.

9. Section 5.1 (b), Table 1, is amendedas follows:

Beginning with class 45-50, and con-tinuing to the end of the Table, each ofthe pairs of columns of figures appearingas prices under the column heads "StyleB" and "Style C", respectively, undereach of the four classes of purchasersnamed is replaced by a single column ofthe same figures midway between thecolumn headed "Style B" and "Style 1C"rather than in duplicate or directly un-der either of those two headings.


Beginning with class 45-50, and con-tinuing to the end of the Table, each ofthe pair of columns of figures appear-ing as prices under the column heads,"Style B" and "Style C", respectively,under each of the four classes of pur-chasers named Is replaced by a singlecolumn of the same figures midway be-tween the columns headed "Style B" and"Style C" rather tha in duplicate ordirectly under either of those two head-ings


BaZlining with class 45-50, and con-tinuing to the end of the Table, each ofthe pairs of columns of figures appearingas prices under the column heads, "StyleB" and "Style C". respectively, undereach of the four classes of purchasersnamed is replaced by a single column ofthe ame f gures midway between thecolumn headed "Style B" and "Style C"rather than In duplicate or directly un-der either of those two headings.

12. Section 5.1 (b),Table 8, is amendedas follows:

The price "$2.77," appearing oppositeClass 8 as the price to a small lot pur-chaser of a groz3 of such containerspacked in "B" cartons with two dozen ineach carton, Is deleted, and the figure"3.77" is inserted in that place.


The figure "30" shown in the columnheaded "Shipping weight par gross inpounds" opposite the entry "3" in the

8841.


column headed "Class" is deleted, andthe figure "60" is inserted in its place.

14. Section 5.1 (b), Table 13, isamended as follows:

The figures "6%."" and "9%"" appear-ing in the column headed "Maximumweight," opposite the figures "4"" and,"5"", respectively, in the column headed"Class," are deleted, and inserted intotheir respective places are the figures"6/4'"' and "9 /1"

15. Section 5.2 (b) is amended by theaddition of the following ,note immedi-ately after the provisions under theheading "Description of Cases" and im-mediately preceding Table 1.

Nova: The Table of Differentials per Grossto be Added for Finishes Over the SpecifiedMaximum, and.the Table of Units for Tablesof List Prices, appearing in section 5.1 (b),are incorporated by reference into this para-graph (b) and apply to the subject matterof this paragraph as if they were set forthat this point in full.


a. The price "$5.95," appearing oppo-site Class "9-10 oz." and List "I-C" asthe price to a standard purchaser of agross of such containers packed onedozen to a #2 carton, is deleted, and theprice "$3.95" is inserted in its stead.

b. The price "$4.30," appearing oppo-site Class "14-15 oz." and List "1-C" asthe price to a large purchaser of a grossof such containers packed two dozen to a#2 carton, is deleted, and.the price"$4.20" is inserted in its-stead.

c. The price "$4.24," appearing oppo-site Class "14-15 oz." and List "1-D' asthe price to a standard purchaser of agross of such containers packed twodozen to a #2 carton, is deleted, and theprice "$4.94" is inserted in its stead. *

d. The price "$4A3," appearing oppo-site Class "18-20 oz." and List "1-A" asthe price to a standard purchaser of agross of such containers packed one-halfdozen to a #1 carton, is deleted, and theprice "$5.43" is inserted in its stead.

e. The heading "C#C #1" appearingover the middle column under "Largepurchaser" and over the middle columnunder "Standard purchaser," oppositethe four entries each reading "36-44 oz."in the column headed "Class," are de-leted, and in their stead in the two placesnamed there Is inserted the heading"CRC #1."

f. The price "$9.58," appearing oppo-site Class "61-66 oz." and List "1-A" asthe price to a large purchaser of a grossof such containers packed one-halfdozen to a #S carton, is deleted, and theprice "$9.38" is inserted in its stead.

g. The specification "Max. Fin. 100mi/m" is added immediately under thespecification "Max. Wt. 36 oz." under theentry "75-80 oz." in the column headed"Class."

h. The price "$10.34," appearing op-posite Class "100 oz." and List "1-A" asthe price to a contract purchaser of agross of such containers packed one-halfdozen to a #113 carton, is deleted, andthe price "$10.03" is inserted in its stead.

Effective date. This amendment shallbecome effective as of May 27,1943.

NoTE: The reporting requirements of thisamendment have been approved by the Bu-reau of the Budget In accordance with theFederal Reports Act of 1942.

(Pub. Laws 421 and 129, 77th Cong.; E.O.9250, 7 P.R. 7871)


Administrator.

IF. R. Doc. 43-10243; Filed, June 25, 1943;4:20 p. m.]

PAnRT 1415-PaoTEcrrvW COATINGS111ev. MPR 180, Amdt. 1]

COLOR PIGMenTSA statement of the considerations in-

volved in the issuance of this amend-ment, Issued simultaneously herewith,has been filed with the Division of theFederal Register.*

Section 10 (a) (2) is amended to readas follows:

(2) "Color pigment" shall mean anyorganic or inorganic pigment or mix-tures thereof, and includes -such pig-ments or mixtures thereof in pulp orflushed form except that white, mineralearth, synthetic iron oxide, carbonaceousblack, red lead and orange mineral pig-ments shall not be considered color pig-ments within this definition.

This amendment shall become effec-tive as of May 14, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 P.R. 7871)

Issued this 25th day of June 1943.PRENTISS M. BaowN,

Administrator.iF.. R. Doe. 43-10244; Filed, June 25, 1943;

4:18 p. m.]

PART 1427-MAGNESIUM[MPR 302,2 Arndt. 1]

MAGNESIUM SCRAP AND REMELT MAGNESIUMINGOT

A statement of the considerations in-volved in the issuance of this amend-ment, issued simultaneously herewith,has been filed with the Division of theFederal Register.*

Maximum Price Regulation No. 302 isamended-in the following respects:

1. Section 1427.8 is amended to readas follows:

§ 1427.8 Adjustable pricing. A.ny per-son may agree to sell at a price whichcan be increased up to the maximumprice in effect at the time of delivery; butno person may, unless authorized by theOffice of Price Administration, deliver oragree to deliver at prices to be adjustedupward in accordance with action takenby the Office of Price Administrationafter delivery. Such authorization maybe given when a request for a change Inthe applicable maximum price is pend-ing, but only If the authorization Isnecessary to promote distribution or

*Copies may be obtained from the Office ofPrice Administration.

8 P.R. 6053.'8 P.R. 609.

production and If It will not interferewith the purposes of the EmergencyPrice Control Act of 1942, as amended.The authorization may be given by theAdministrator or by any official of theOffice of Price Administration to whomthe authority to grant such authoriza-tion has been delegated. The authori-zation will be given by order, except thatit may be given by letter or telegramwhen the contemplated revision will bethe granting of an individual applicationfor adjustment.

2. Section 1427.16 (a) is amended toread as follows:

(a) Transportation charges and dcal-ers' services-(1) Transportationcharges. The maximum prices estab-lished for magnesium scrap in this§ 1427.16 are f. o. b. point of shipment,Actual costs of transportation from thepoint of shipment to the buyer's receiv-Ing point, and also the cost of return-Ing steel drums or other containers tothe seller, may be charged to, and paidby, the buyer. Where scrap materialsare picked up or loaded by the buyer, orany person acting for him, the appli-cable maximum price shall be reducedby an amount reflecting the cost ofloading the material for shipment.

(2) Dealers' services. Where the buyeremploys.a dealer for the purpose of ob-taining magnesium scrap, the buyer maypay the dealer a sum equal to the amount'of the actual saving resulting from theservices performed by the dealer. Thesaving may result from either one orboth of .the following services:

(i) Where the dealer picks up andloads the scrap on cars, the applicablemaximum price which the seller maycharge the buyer must be reduced by anamount reflecting the cost of loadingthe material for shipment, as provided insubparagraph (1) "above.

(if) Where the dealer removes mag-nesium scrap from steel drums or con-tainers, and secures shipment of mag,neslum scrap to the buyer without drumsor containers, actual freight chargesivhich may be added to the applicablemaximum base price will be lower by theamount of the round-trip freight onsuch drums or containers.

The buyer may not make any paymentto a dealer where the dealer performs nosuch service, and In no case may thetotal price charged by the seller plusthe amount paid to the dealer by thebuyer exceed the maximum deliveredprice that the buyer would have beenpermitted to pay under this Regulationif he had not employed a dealer.

3. Section .1427.17 (c), Note 5, isamended to read as follows:

NoTE 6: Remelt magnesium Ingot, otherthan 99% plus pure magnesium romelt Ingot,not conforming to the specifications of classA, class B, or class C shall be bought and soldfor not more than a price below the maxi-mum price herein established for class aingot, fairly reflecting the relative value ofsuch ingot. No maximum price Is estab-lished by this regulation or any other regu-lation issued by the Office of Price Admin-istration for sales or deliveries of 99% pluspure magnesium remelt ingot, but telleraof such material must conform to all other

8842


requirements and provisions of this mE!xt-mum Price Regulation No. 302.

This amendment shall become effectiveJuly 1, 1943.

(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 F.R. -7871)

Issued this 25th day of June 1943.PRENTISS AL Bnowx,Administrator.

[F. R. Doe. 43-10245; Filed, June 25, 1943;4:17 p. m.]

PART 1315-RUBBFR Aim PRODUCTS ATMMATERIALS OF WHICH RUBBER IS ACOLMONET

1MPR 1072 Amdt. 11]USED TIRES AnD TUBES


Section 1315.1352a is added to read asfollows:

§ 1315.1352a Adjustable pricing. Anyperson- may agree to sell at a pricewhich can be increased up to the maxi-mum price in effect at the time ofdelivery; but no person may, unless au-thorized by the Office of Price Admin-istration, deliver or agree to deliver atprices to be adjusted upward in accord- -ance with action taken by the Office ofPrice Administration after delivery.Such authorization may be given whena request for a change in the applicablemaximum price is pending, but only ifthe authorization is necessary to pro-mote distribution or production and ifit will not interfere with the purposesof the Emergency Price Control Act of1942, as amended. The authorizationmay be given by the Administrator orby any official of the Office of Price Ad-ministration to whom the authority togrant such authorization has been dele-

'gated. The authorization will be givenby order.

This amendment shall become effec-tive July 2, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250,'7 F.R. 7871; E.O. 9328, 8 F.R. 4681)

Issued this 26th day of June 1943.PaEn'rss M. BROVnT,

Administrator.

IF. H. Dec. 43-10275; Filed, June 26, 1943;12:11 p. m.]

PART 1315--RUBBER aD PRODUCTS AIMMATERIALS OF WHICH RUBBER IS A CO11-PONENT

[LPR 200,2 Amdt. 8]

RUBBER HEELS, RUBBER HEELS ATTACHED, ANDATTACHIUG OF RUBBER HEELS "

A statement-of the considerations in-volved in the issuance of this amend-

'fCopies may be obtained from the Office ofPrice Administration.

17 P.R. 1838, 1981, 2394, 3891, 5177, 7365,8586, 8799, 8802, 8948; 8 P.R. 1584, 2206.

27 F.R. 6259, 6936, 7835, 10008; 8 P.R. 490,1461, 4917, 6842.

ment, Issued simultaneously herewith,has been filed with the Division of theFederal Register.*

Section 1315.1411 Is amended to readas follows:

§ 1315.1411 Adjustable pricing. Anyperson may agree to sell at a price whichcan be increased up to the maximumprice in effect at the time of delivery;but no person may, unless authorized bythe Office of Price Administration, de-liver or agree to deliver at prices to beadjusted upward In accordance with ac-tion taken by the Office of Price Admin-istration after delivery. Such authori-zation may be given when a request fora change in the applicable maximumprice is pending, but only if the authori-zation is neceary to promote distribu-tion or production and if It will not in-terfere with the purposes of the Emer-gency Price Control Act of 1942, asamended. The authorization may begiven by the Administrator or by anyofficial of the Office of Price Administra-tion to whom the authority to grant suchauthorization has been delegated. Theauthorization will be given by order.

This amendment shall become effec-tive July 2, 1943.(Pub. Laws 421 and 129, 77th Cong.; E.O.9250, 7 F.R. 7871; E.O. 9328, 8 P.R. 4681)"

Issued this 26th day of June 1943.Pnmrnss LL BaovnT,

Administrator.[P. n. Doe. 43-10276; Filed, June 2, 1943;

12:11 p. m.]

PART 1315--RUBBzR Am PnoDucrS Am M-TERIJS OF WHICH Run1zE IS A COrirO-

[MPR 229.1 Amdt. 61

RETAIL AIM WHOLESALE PRICES rOR VICTORyLnE WATERPROOF RUBBER FOOTWEAI-

A statement of the considerations in-volved in the Issuance of this amend-ment, -issued simultaneously herewith,has been filed with the Division of theFederal Register.*

Section 1315.1705a is added to read asfollows:

§ 1315.1705a Adjust.ablc pricing. Anyperson may agree to sell at a price whichcan be increased up to the maximumprice in effect at the time of delivery;but no person may, unless authorized bythe Office of Price Administration, de-liver or agree to deliver at prices to beadjusted upward in accordance with ac-tion taken by the Office of Price Admin-istration after delivery. Such authori-zation may be given when a request for achange in the applicable maximum priceis pending, but only if the authorizationIs necessa'y to promote distribution orproduction and if it will not interferewith the purposes of the EmergencyPrice Control Act of 1942, as amended.The authorization may be given by theAdministrator or by any official of theOffice of Price Administration to whomthe authority to grant such authorizationhas been delegated. The authorizationwill be given by order.

17 P.R. 7740, 7738, 8701, 8930, 102E9, 1034.

ThIs amendment shall become effec-five July 2, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 P.R. 7871; E.O. 9328, 8 P.R. 4631)

Issued this 26th day of June 1943.Pmrnss M Ezowur,

Adminis-trator.

[F. n. Dc. 43-102"7; led, June 25, 1I3;12:03 p. in.]

PART 1315-RuEE AND P 0DucTs AND BMA-MUMS OF WHICH RUsam Is A Co'IPC-

NETirP3 55,' Amdt. 31

REMIlIED RUBBEM

A statement of the considerations in-volved in the issuance of this amend-ment, Issued simultaneously herewith,has been filed with the Division of theFederal Rezister.0

Section 1315,52a is added to read asfollows:

9 1315.52a Adjustable pricfng. Any.perron may agree to sell at a price whichcan be Increased up to the maximumprice in effect at the time of delivery;but no person may, unless authorized bythe Office of Price Administration, de-liver or agree to deliver .2t prices to beadjusted upward in accordance with ac-tion taken by the Office of Price Admin-istration after delivery. Such authoriza-tion may be given when a request for achange In the applicable maximum priceIs pending, but only If the authorizationis necessary to promote distribution orproduction and if It will not interferewith the purposes of the Emergency PriceControl Act of 1942, as amended. Theauthorization may be given by the Ad-minlstrator or by any official of the Officeof Price Administration to whom the au-thority to grant such authorization hasbeen delegated. The authorization willbe given by order.

This amendment shall become effec-tive July 2, 1943.(Pub. Laws 421 and 729,77th Cong.; E.O.9230, 7 P.R. 7871; MO. 9323, 8 P.R. 4631)

Issued this 26th day of June 1943.Prxr.ssRi E s3owx,

Administrator.IF. F. DZ. 43-10272; Filed, June 26. 1-3;

12:G3 p. m.]

PAT 1315-RuER Aim Pronucs An-mT-ARERuL o" WucrCr RUBBER Is a Comr-

[BP3 GO, as Amended,' .Amdt. 41

RETE.ADZD AND RCAPPED RUBE= TIRES Ar-DTHE RETREA=iG AN EECAPPING O R UBETIMM.

A statement of the considerations in-volved in the Izuance of this amend-ment, issued simultaneously herewith,has been filed with the Division of theFederal Register.0

Section 1315.1203a is added to zeadas follows:

17 P.R. 1313, 200, 2132, 7669, E34, 8 F.R.120.27 P.-R. 3303, 838; 8 P.R. 8174, 7331.

88413


§ 1315.1203a Adjustable pricing. Anyperson may agree to sell at a price whichcan be increased up to the maximumprice in effect at the time of delivery;but no person may, unless authorized bythe Office of Price Administration, de-liver or agree to deliver at prices to beadjusted upward in accordance withaction taken by the Office of Price Ad-ministration after delivery. Such au.-thorization may be given when A requestfor a change in the applicable maximumprice is pending, but only if the authori-zation is necessary to promote distribu-tion or production and if it will not in-terfere with the purposes of the Emer-gency Price Control Act of 1942, asamended. The authorization may begiven by the Administrator or by anyofficial of the Office of Price Adminis-tration to whom the authority to grantsuch authorization has been delegated.The aulthorization will be given by order.

This amendment shall become effec-tive July 2, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 F.R. 7871; E.O. 9328, 8 F-R. 4681)

Issued 'this 26th day of June 1943.PRENTISS M. BROWN,

Administrator.

IF. R. Doec. 43-10273; Filed, June 26, 1943;12:11 p. m.]

PART 1315--RUBBER AND PRODUCTS ANDMATERIALS Or WHICH RUBBER IS A COM-PONENT

[RPS 87, as Amended,' Amdt. 61. SCRAP RUBBER

A statement of the considerations in-volved in the issuance of this amend-ment, issued simultaneously herewith,has been filed with the Division of the.Federal Register.*

Section 1315.1256 is amended to readas follows:

§ 1315.1256 Adjustable pricing. Anyperson may agree to sell at a price whichcan be increased up to the maximumprice in effect at the time of delivery; butno person may, unless authorized by theOffice of Price Administration, deliver oragree to deliver at prices to be adjustedupward in accordance with action takenby the Office of Price Administrationafter delivery. Such authorization maybe given when a request for a change inthe applicable maximum price is pend-ing, but only if the authorization Is nec-essary to promote distribution or produc-tion and if it will not interfere with thepurposes of the Emergency Price ControlAct of 1942, as amended. The authoriza-tion may be given by the Administratoror by any official of the Office of PriceAdministration to whom the authorityto grant such authorization has beendelegated. The authorization will begiven by order.


17 P.R. 4781, 5177, 6002, 8700, 8948; 8 P.R.4628, 6986.

This amendment shall become effec-tive July 2, 1 43.(Pub. Laws 421 anl 729, 77th Cong.; E,Q.0250, 7 F.R. 7871; E.O. 9328, 8 F.R. 4681):

Issued this 26th day of June 1943.PRENTIss M. BRowN,

Administrator.[F. R. Doe. 43-10274; Filed, June 26, 1943;

12:11 p. m.]

PART 1351-FooD AND FOOD PRODUCTS

[LMPR 312,1 Amdt. 2, Correction]

=AYLE SYRUP AND MAPLE SUGAR

A statement of the considerations in-volved in the issuance of this correction,issued siniltaneously herewith, has beenfiled with the Division of the FederalRegister.*

Amendment 2 to MPR 312 is correctedin the following respects:

1 1. Section 1351.1614 (a) (9) Is cor-rected to read as follows:

(9) "Waple sugar" means the solid orpulverized maple product made by evaP-orating maple syrup.

2. The definitions of "loading point"in § 1351,1614 (a) (9) is redesignated§ 1351.1614 (a) (14).(Pub. Laws 421 and 729, 77th Cong.;E.O. 9250, 7 F.R. 7871)


Administrator.

[F. R. Doc. 43-10278; Filed, June 26, 1943;12:09 p.m.]

PART 1393-ICE

[MPR 164 as Amended,2 Correction toAmdt. 4]

ICE

Amendment 4 to Maximum Price Reg-ulation No. 154 as amended Is correctedin the following respects:

1. The designation of § 1393.12 (e) iscorrected to read § 1393.12 "(f).

2. The re-designated § 1393.12 (f) (1)is corrected to read as follows:

(1) On and after June 4, 1943 theseller's maximum prices for retail de-livered sales and the seller's maximumprices for quantity platform sales, in theparticular form and quality of ice soldor delivered by the seller in the Stateof Vermont, New Hampshire, Maine,Massachusetts, Connecticut or Rhode Is-land, shall be either the maximum pricesestablished by the seller under para-graph (a), (b) or (e) of this section orthe respective prices listed in ScheduleT for the quantities named, whicheverare higher, in the respective States.

18 P.R. 1266, 2032, 48J1, 6052, 644q, 6736.I 7 P.R. 5139, 6276, 5944, 8940, 8948; 8 P.R.

,1270 7593.

SORElDULE I

Pricesfor

retaildeliver.ed sales

Peret.

Prlcesi for (lueu.tliy platfotm

sales

Po r

lb. Per tonblock

Vrnont, Now 'ampshiro ------ -4. ------------- $0.60 $04 $3 0

Massachusetts. . 55 .t0 3.33Connecticut or Rhode Island. :60 .55 3.67

Lower prices than those set forth InSchedule I may be charged, demanded,paid or offered.

NoTE: The seller's maximum prices for re-tall platform sales, quantity delivered salesand for all categories of sales not listed InSchedule I, In the particular form, quantityand quality of Ice sold or delivered by theseller In the State of Vermont, Now Hamp-shire, Maine, Massachusots, Connecticut orRhode Island, shall be determined in c-cordance with the provisions of pnragrapha(a), (b) and (e) of this section.

This correction shall become effectiveJuly 2, 1943.(Pub. Laws 421 and 729, 77th.Cong.;E.O. 9250, 7 FPR. 7871; E.O. 9328, 8 P.R.4681)

Issued.this 26th day of June 1943.PaEwnss M. BROWN,

Administrator.IF. R. Doc. 43-10279; Filed, Juno 20, 1043;

12:10 p, m.]

PART 1407-RAToNN0 Or FOOD AND FOODPRODUCTS

(RO 16,3 Amdt, 401

CANNED MILK AND SOFT CHEE ES

A rationale for this amendment hasbeen Issued simultaneously herewith andhas been filed with the Division of theFederal Register.*

Ration Order 16 is amended In the fol-lowing respects:

1. Section 15.5 Is added to read asfollows:

SEC. 15.5 Wholesalers and retailersof canned milk or soft cheeses may ob-tain adequate working inventories-(a)How stocks are obtained. A person whobecomes a wholesaler or retailer underthis order because he deals in cannedmilk or in the cheeses added by Amend-ment 35 to the foods covered by theorder, and who wishes points in order toget an adequate working inventory, mayapply for a certificate for that purpose.The application must be made beforeJuly 5, 1943 on OPA Form R-315 to theBoard with which he will register hisestablishment. The application mustshow:

(1) The name and address of theestablishment;

(2) The number of points he needs Inorder to get adequate stocks;

18 P.R. 6448, 6614, 6620, 6687; 0840, 660.6961, 7115, 7268, 7281, 7455, 7401, 7689, 8357,8540.

8844

FEDERAL R9GISTER, Tuesday, June 29, 1943

(3) The point value of any stocks ofcanned milk or of the cheeses mentionedabove which he may have for that estab-lishment at the time the application ismade.

(b) Issuance of certificate. The Boardwill issue to him a certificate for thenumber of points he needs to get an ade-quate working inventory.

(c) Registration. At the end of hisfirst full week of operation after the dateon which the certificate is issued to him,he must register his establishment, onOPA Form R-1601 or OPA Form R-1602,whichever is applicable, in the same waythat retailers and wholesalers registeredin accordance with this order. He mustgive all information called for by theform. However, he must show the pointvalue of his sales and transfers of cannedmilk and of the cheeses above-mentionedfrom his establishment during that fullweek-of operation, instead of during theperiod from April 25, 1943 to May 1, 1943.(He must not include -exchanges, ortransfers between his own establishmentsof the same type, but may include allother transfers.) He must report hispoint inventory at the end of that week,

- instead of at the close of business onMay 1, 1943. If he is a wholesaler, hisallowable inventory is determined bymultiplying the point value of the cannedmilk transferred by him during thatweek of operation by the factor eight(8) and the point value of the above-mentioned cheeses so transferred by himby the factor four (4). If he is a retailer,his allowable inventory is determined bymultiplying the Point value of his trans-fers of these foods during that week bythree (3). When he registers, he mayget a certificate or, if he has excess In-ventory, he must give up points to theOffice of Price Administration, in thesame way as retailers or wholesalers whoregistered in accordance with this order.He-may not, however, be given a certifi-cate for more than the amount by whichhis allowable inventory exceeds theamount of the certificate given to himwhen he applied on OPA Form R-315.

(d) A person may register his estab-lishments separately or together. Not--ithstanding the provisions of sections5.2 (g) and 6.2 (g) of this order, if a per-son who registers an establishment underthis section has two or more other estab-lishments of the same type which are al-ready registered together under this,order, he must register the additional es-tablishment together with his other es-tablishments and at the same Board. Ifhe has-other establishments of the sameype which have already been registeredseparately, the additional establishmentmust be registered separately with theBoard for the place where it is located.If he has only one other establishment ofthe same type, he may elect whether hisestablishments will be registered togetheror separately. If he registers them to-gether, registration must be at the Board-for the place where his principal businessoffice is located. If he registers them sep-arately, registration must be at the Boardfor the place where the establishment islocated.

2. Section 15.4 (a) (1) is amended toread as follows:

(1) State the sum of.:(1) The amount of his allowable nven-

tory; and(ii) The point value of his inventory of

any itam added 'after March 29, 1943, tothe foods overed by this order as of thedate that Item was added. (This neednot be stated if his allowable inventorywas obtained under section 15.5.)

3. Section 15.4 (c) (1) is amended toread as follows:(1) Fresh and frozen mc3ta, c3ned milf,

cheeses added to this order on June 0,

This amendment shall become effectiveJune 28, 1943. °

Nor: All reporting and record-Leeping re-quirements of this amendment have been ap-proved by the Bureau of the Budget in ac-cordance with the Federal Reports Act of1042.

(Pub. Law 671, 76th Cong., as amended byPub. Laws 89, 421, 507 and 729, 77thCong.; E.O. 9125. 7 P.R. 2719; E.O. 9280,7 P.R. 10179; WM Directive 1, 7 F.R.562; and Supp. Dir. 1-Md, 7 F-RL 8234;Food Directive 1, 8 P.R. 827; Food Dir. 3,8 P.R. 2005; Food Dir. 5, 8 P.R. 2251;Food Dir. 6, 8 P.R. 3471; Food Din '7, 8P.R. 3471)

Issued this 26th day of June 1943. -

Pn rnss M. Bnovu,Administrator.

[F. n. De. 43-102S0; Fied, June 26, 1943;12:10 p. m.]

PART 1448-F ATIG AND DRIamlGEsTABDsS

[Restaurant ?APR 1)

FOOD AnD D ml SOLD Pon nn=siTCO O5DP ZZO BY DI]nMG CARS

In the judgment of the Price Admini-trator, the prices of food and beveragessold by railroad dining cars and peddlerson railroad trains traveling from stationto station have risen and are threateningfurther to rise to an extent and in amanner inconsistent with the EmergencyPrice Control Act of 1942, as amended,and Executive Orders 9250 and 9328.

In the judgment of the Price Admin-istrator, the maximum prices establishedby this regulation are generally fair andequitable and are necessary to check in-flation and to effectuate the purposes ofthe Act. So far as practicable, the PriceAdministrator gave due consideration toprices prevailing between October 1 and15, 1941, and consulted with the repre-sentatives of those affected by thisregulation.

A statement of the considerations in-volved ir the issuance of this regulationis issued simultaneously herewith.*

Therefore, In accordance with thedirection of the President to take actionwhich will stabilize prices affecting the

Copies may be obtained from the We5ce ofPrice Administration.

cost of living, and under the authoritytherewith delegated by the Presidentpursuant to the Act of Congress ap-proved October 2, 1942, entitled "An Actto Aid In Stabilizing the Cost of Living"(P.R. 7565), 77th Cobgress, Second Ses-sion, and under the authority of Execu-tive Order 9250. Executive Order 9323,and the Emergency Price Control Act of1942, the Price Administrator herebyissues this Restaurant Mximum PriceRegulation No. 1, establishing as maxi-mum prices for food and drink sold byrailroad dining cars and peddlers on rail-road trains traveling from station to sta-tion the prices prevailing therefor duringthe period beginning February 1, 1943and ending April 10, 1943.

§ 1448.801 Maximum prices for foodand drl ns cold for immediate consump-tion. Under the authority vested in thePrice Administrator by the EmergencyPrice Control Act of 1942, as amended,and Executive Orders 9250 and 9328,Restaurant Maximum Price RegulationNo. I (Food and Drink .Sold for Im-mediate Consumption by Dining Cars)which is annexed hereto, is hereby is-sued.

Aurnozrr-: § 1448.01 L.nud under Pub.Lavm 421 and 729. 77th Cong.; F-O. 90.7 P.F. 7871; M.O. 9323, 8 P.R. 4851.

Rrr==~n !IAxlzX Pniz P.EonA=0-er No.1-Foon Arm Dn.a o SOLD FoIz "ma.mi=Consi, mnozz r Dunmax CAns

co rerSec.

1. Sales at higher than ceiling prices pro-hibited.

2. Hovw you figure ceiling prices for fcoditems or meals you offered In the periodfrom February 1, 1943 to April 10, 1943.

3. HOW you figure ceiling prices for foodItems and meals you did not sell In thetaza parted.

4. How you figure your prices for seasonalitems.

5. Maintain your price differentials.6. No ceiling priLce for any food Item or

meal to ba higher than the highestprice for a food item or meal of ther o clarme in the base period or thelast price at which previ u ly sold-

7. Spcciflc prices.8. Substitutlon of food items In meals.9. Duty to offer certain meals or food items.

10. EvaaIon.11. Rules for proprietors not In operation

during base pericd.12. TaxQ.13. Records.14. Posting.15. Gecoraphifcal application.10. LIcensing.17. DfintItions and explanations.18. Cla=sz of food items and meals.19. Special orders.20. Revocation.Appendix A: Specific prices for certain food

Items.Appendix B: Specific prices for certain meals.

co1m 1. Sales at higher than ceilingPrices Prohibited. If you own or oper-ate a railroad dining car, cafe car, clubcar or other similar vehicle, or if yousell food Items, beverages and meals topassengers on railroad trains whiletraveling from station to station (calledproprietor), you shall not offer or sellany "food Item," including any beverageor meal, at a price higher than the ceil-

sm4


ng price which you figure according tothe directions in the next two sections(sections 2 and 3). You may, of course,sell at lower than ceiling prices.

SEC. 2. How you figure ceiling pricesfor food items or yeals you offered inthe period from February 1,.1943 to April10, '1943. Your ceiling price for anyfood item or meal which you offered inthe period from February 1, 1943 to April10, 1943 (called base period) is the high-est price at which you offered the samefood item or meal in that period.

SEc. 3. How you figure ceiling pricesfor food items and meals you did notsell in the base period. (a) You mustfigure your ceiling price of a food itemor meal you did not sell during the baseperiod (called new item) by one of themethods set forth below. If both meth-ods are applicable you may take yourchoice.

PRICING METHOD NO. 1

If during any one calendar month fromOctober 1, 1942 to January 31, 1943, youoffered the new food item or meal at thesame price as another food item or meal ofthe same class (as given in section 18) whichyou sold during the base period, take as yourceiling price for the new food item or mealyour ceiling price for the original, food itemor meal. -

Example 1. You want to determine yourceiling price for tomato soup which you didnot sell in the base period from February1, 1943 to April 10, 1943. You must firstexamine your records to determine whetherin any one calendar month between October

.1, 1942 and January 31, 1943, yc -sold tomatosoup at the same price as some other soupwhich you also sold in the base period andfor which you therefore have a ceiling price.Assume that you find that in January 1943,you sold both tomato soup and consomme at20 cents, and that you sold consomme inMarch 1943 at 25 cents. Your ceiling pricefor tomato soup Is therefore 25 cents, i. e.,the same as your ceiling price for consomme.

PRICING METHOD No. 2

If you did not offer the food item or meal'In the base period, and cannot, or do notwish to, price it under Pricing Method No. 1,figure your price as follows:

(1) Choose from the food items or mealsfor which a ceiling price has already beenfixed, the fobd item or meal of the same classwhich is most similar to the food Item ormeal which you are pricing, or If you did notoffer any food item or meal of the same classwhich is similar to the food item or mealyou are now offering, then choose the mostsimilar food item or meal of a different class,and

(2) Figure a price "in line" with the cell-ir g price of that most similar food item ormeal. A price is "in line" if the customerreceives as much value for his money for oneitem or meal as from tha other, even thoughthe two prices may be different. In com-paring values, quality, size of the portion andthe margin over food cost are the things thatcount.

(b). Once your maximum price hasbeen determined under any of the abovepricing methods, it may not be increased.

SEc. 4. How you figure your prices forseasonal items. First, determine yourceiling price for a "seasonal food item"(defined in section 17 (f)) in accord-ance with the appropriate rule of sec-tions 2 and 3 of this regulation.Thereafter, this price must be varied inproportion to any seasonal change inthe raw-food cost of the item, provided

that in no event, shall the price behigher than the ceiling price as origi-nally determined. If in the past it hasbeen your practice to maintain one pricethroughout the season, you need notvary your ceiling price according to thisrule provided the ceiling price was lasedupon estimated average raw food'cost ofthe item for the entire season.

SEC. 5. Maintain your price differ-entials. If during the base period youmaintained different prices for differenttypes of dining cars, different types ofdining car service, different trains, ordifferent peddler routes you must con-tinue such differentials and you mustdetermine your ceiling price for eachsuch type of dining cars, type of service,train, or peddler route separately, andseparately apply thelimitations set. forthin section 6.

SEc. 6. No ceiling price for any fooditem or meal to be higher than the high-est price for a food item or meal of thesame class in the base period or the lastprice at which previously sold. Underno circumstances are you permitted tocharge a higher price for a new fooditem or meal than your highest price forfood items or meals of the same classoffered in the period from February 1,1943 to April 10, 1943, or the last priceat which you sold the same item or mealprior to February 1, 1943.

Example 1. If you figure an "in line" pricelor a new dinner at $1.75, and your highestprice for a dinner was $1.50, your ceilingprice for the new dinner is $1.50.1 Example 2.,If your highest price for anysoup offered by you during the base periodis 25 cents, you may not offer any other soupat a higher price than 25 cents.

Example 3. You served "prize beef" in No-vember 1942 at $2.25. You did not serve"prize beef" during the base period. Thehighest price at which you now can serve"prize beef" is $2.25. If, however, by usingMethod 2 of section 3, you arrive at a lowerprice than $2.25 this lower price is yourceiling price.

SEc. 7. Specific prices. For an item ormeal listed in Appendix A or B (if not ex-cepted by terms of Appendix) you musttake as your ceiling price 'the price en-tered opposite such item or meal or theceiling price determined under section 2or 3, whichever is lower.

SEc. 8. Substitution of food items in,meali. If you have already determinedyour ceiling price for a meal you maysubstitute for any fooditem other thanthe entree (or main dish) in that mealany other food item of the same classwithout refiguring your ceiling price,provided the new food item costs you ap-proximately as much and offers custom-ers about the same value as the food itemwhich it replaces. A meal becomes a"new" meal whenever the entree (or maindish) is changed, or a new food item Issubstituted which costs you less or offersyour customers lower value than the fooditem which it replaces, and you musttherefore determine its ceiling price inaccordance with the rules established bysection 3.

SEc. 9. Duty to offer certain meals orfood items. You must not so limit youroffers of meals or food items that yourcustomers will have to pay more than

they did during the base period for thesame class of meals or food items, Toassurt compliance with this rule you mustspecifically do the following:

(a) Offer in quantities sufficient tomeet all anticipated normal demands thefood items, beverages and meals, setforth in Appendixes A and B, or substan-tially the same food items, beverages andmeals at, lower prices, except in so far asshortages of supplies preclude you frommaking such offer. This requirementshall not preclude you from discontinu-ing entirely a class of meals or food items,

(b) Of the classes of meals you con-tinue to serve you must offer at least onemeal at or below the lowest price chargedby you for meals of the same class dur-ing the base period.

SEc. 10. Evasion. You must notevade the provisions of this regulationby any scheme or device, including:

(a) Dropping food items from meals,consistently deteriorating quality or re-ducing quantity without making suml-cdent reduction in price so as to maintainthe raw food cost ratio at least equal tosuch ratio prior to the deterioration orreduction. Such a reduction need bemade only when the reduction in rawfood cost Is sufficient to require a rqduc-tion in price of 5 cents or more, in whichcase the new price may be rounded tothe nearest five cents or multiplethereof;

(b) Withdrawing the offer, or increas-ing the price, of any meal ticket, weeklyrate, or other arrangement by whichpassengers may buy~food items or mealsat less than the -prices stated on themenu;

(c) Increasing any cover, minimum,bread-and-butter, service, corkage, orother special charges or making suchcharges when they were not in effectduring the base period;

(d) Requiring as a condition of saleof an item or meal the purchase of otheritems or meals when such condition wasnot in effect in the base period, exceptthat you may refuse to sell coffee un-less a customer also purchases anotherfood item;

(e) Reducing the selection of mealsoffered at table d'hote prices when thefood items which you customarily of-fered in such meals are being offered ata la carte prices which total more thanthe table d'hote prices.

Example: If you customarily offered fishon table d'hote dinners at $1.10, you maynot now offer fish a la carte and refuse tooffer it on a table d'hote dinner priced at$1.10.

(f) You may make such changes Inyour customary practices with regard tothe quality and quantity of food fur-nished, and types of meals served as maybe necessitated by genuine emergencies,without reducing your maximum prices.A situation may be regarded a a genu-ine emergency when you cannot reason-ably be expected to 'have foreseen andprepared against its consequences, andwhen it is non-recurrent.

(g) You will not be considered evadingtie provisions of this regulation, how-ever, if you db any of the following things

8846


even if you did not do any of those thingsduring the base period:

(1) Limit your customers to one cupof coffee per meal.

(2) Limit your customers to one patof butter per meaL

(3) Reduce the quantity, or eliminatealtogether, condiments and relishes(such as catsup, chili sauce, etc.) whichyou may have customarily placed at thedisposal of your customers and whichnow are, or may hereafter be, subject toany rationing order or rationing regula-tion of the Office of Price Administration.

(4) Reduce the amofint of sugarserved with each cup of coffee or tea, oreach bowl of cereal, fruit, or other simi-lar food items with which sugar is served,to not less than one teaspoon, exceptthat less may be given if required by youravailable supply of sugar.

You may not, however, make the cur-tailment authorized in the foregoingsubparagraphs and furnish these cur-tailed items at an additional charge. Forexample, if during the base period youfurnished catchup, you may not nowdiscontinue furnishing this item free andat the same time offer to furnish it foran additional charge.

SEC. 11. Rules for proprietors not inoperation during base period. (a) If youacquire another's business and continuethe business in the same place, you aresubject to the same ceiling prices andduties as the previous proprietor.

(b) If 'you become a proprietor afterthe base period or were not in operationduring that period, you must file yourproposed prices with the National Officeof the-Office of Price Administration atleast ten days prior to thetime you pro-pose to commence operations. Yogi shallalso submit the following information:

(1) Yor name and address.(2) The date you propose to commence

operations.(3) A brief, description of the manner

of your operations and wherd you-pro-pose to carry them on.

t4) The names and addresses of thenearest proprietors engaged in the samekind of business.

(5) Menus or price lists showing theprices at which you last operated.

You may commence operations on theday you specify and use the prices youhave filed-provided you do not receive be-fole that time a written notice of disap-proval of any of the filed prices, in whichevent you may commence operationsprovided you use as your maximum pricesthe prices suggested by the Office of PriceAdministration.

SEC. 12. Taxes. If in the base period•you stated and collected the amount ofany tax separately from the price youcharged, you may continue to do so.You may also separately state and col-lect the amount of any new tax or of anyincrease in the amount of a previous taxon the sale of food or drink or on thebusiness of selling food or drink, f thetax is measured by.the number or priceof items or meals.

SEC. 13. Records. You must observethe following record-keeping require-ments:

(a) Customary records. You mustpreserve all your existing records relat-

Ing to your prices, costs, and rales. Youmust also continue to maintain such rec-ords as you ordinarily kept. All suchrecords shall be subject to examlnatlonby the Office of Price Administration.

(b) Records of the base period. Youmust make available for examination byany person during the ordinary businez5hours a copy of each menu used by youin the base period. If you did not usemenus or no longer have previous menusavailable, you must prepare in duplicateand make available for such examinationa list of the highest prices you chargedin the base period.

(c) Future records. Beginning withthe effective date of this regulation, youmust keep, for examination by the Officeof Price Administration, two each of themenus used by you each day. If you donot use menus you must prepare in du-plicate, and preserve for such examina-tion, a record of the prices charged byyou each day, except that you need notrecord prices which are the same as, orless than, prices you previously recordedfor the same items or meals.

(d) Place records to be kept. All rec-ords and menus required to be kept bythis section may be kept by the propri-etor at the usual place such records haveordinarily been kept, provided that onthe sign or notice required to be postedby section 14 (a) the place where suchrecords and menus are kept shall beclearly stated and posted.

SEC. 14. Posting. (a) Beginning July1, 1943, each menu must have clearlyand plainly written on or attached to Itthe following statement:

All prices listed are our celling prices orbelow. By Oce of Price Adminisrationregulation, our ceilings are our highest pricesfrom February 1, 1943 to April 10. 1943. Rec-ords of these prlccs are available for yourInspection at (place where such records areavailable).

If you do not use menus, you must postthe statement by a sign which can beeasily read by your customers and whichmust be located in such location that thecustomer can easily read the sign at thetime of purchase.

(b) If you made menus available tocustomers in the base period, you shallcontinue to make them available.

(c) If you offer to sell the Items listedin Appendix A by means of train agentsor peddlers operating in coaches, youmust post or mark your ceiling prices forsuch items. This may be by means of(1) a card or placard attached to, orplaced or painted on, the basket or con-tainer used by the train agent or peddlerin such manner as to be visible clearly tocustomers, or (2) a statement'on thewrapper or container In which the Itemis sold which reads, "Ceiling price ___."Any train agent or peddler who wilfullyfails or refuses to carry out the require-ments of this section, whether by re-moving or concealing the price posted ormarked or otherwise, is fully subject tothe penalties and enforcement provisionscontained in the Emergency Price Con-trol Act of 1942, as amended. You willnot be regarded as in violation of thissection if lack of compliance results fromthe wilful refusal of a train agent orpeddler to carry out instructions.

SEC. 15. Geographical application. ThisRestaurant Maximum Price RegulationNo. 1 applies to all proprietors of rail-road dining cars within the ContinentalUnited States (exclusive of territories orpos seslons) as well as all persons serv-ing food items or meals to passengers onrailroad trains while en route from sta-tion to station within the ContinentalUnited States.

SEC. 16. Licensing. The licensing pro-visions of §§ 1499.15 and 1499.16 of theGeneral Maximum Price Regulation shallapply to all persons whose maximumprices are regulated by this regulation.

SEc. 17. Definitions and explanations.(a) "Person" means individual, corpora-tion, partnership, association or otherorganized g&oup of persops or legal suc-cessor or representative of any of theforegoing, and includes the United Statesor any agency thereof, any other govern-ment, or any of its political subdivisions,and any agencies of any of the foregoing.

(b) "Meal'" means a combination offood Items sold at a single price. Ex-ample of meals are a four-course dinner,a club breakfast, and a combination spe-cial. Two or more lnds of food whichare prepared or served to be eaten to-gether as one dish are not a "meal." Ex-amples of such dishes are ham and eggs.bread and butter, apple pie and cheese.

c) "Offered" means offered for saleand includes the lsting or posting ofprices for Items and meals even thoughthe items and meals so offered were notactually on hand to be sold.

(d) "Food item" means an article orportion of food (including beverages)sold or served by an eating or drinkingplace for consumption in or about theplace or to be taken out for eating with-out change in form or additional prepa-ration. It includes two or more kinds offood which are prepared or served to beeaten together as one dish, such as hamand eggs, bread and butter, apple pie andcheese.(e) "Proprietor" means any person

owning or operating a dining car, cafecar or bar car on a regularly operatedpassenger railroad, and any person whopeddles or sells food Items or meals topassengers on railroad trains while enroute from station to station.

f) "Seasonal food item" means a foodItem (including beverage) not generallyoffered for sale throughout the year andnormally available in quantity only dur-ing certain seasonal production periodsof each year. Examples are: certainsbhell-flsh such as oysters; certain freshfish such as salmon, trout and shad; cer-tain vegetables such as summer squash;and certain fruits such as berries andmelons.

(g) Unless the context otherwise re-quires, the definitions set forth in sec-tion 302 of the Emergency Price Con-trol Act of 1942 and in the General Maxi-mum Price Regulation, issued by theOffice of Price Administration, shall ap-ply to other terms used herein.

SEc. 18. Classes of food items andmeals. (See defirnition of "food item"and "meal" contained in section 17.)

M87


(a) The classes of food items.BREAFAST ITEMS

1. Fruits, fruit juices and vegetable juices.2. Cereals.3. Entrees: egg and combination egg dishes

served at breakfast.4. Entrees: meat and meat combination

dishes served at breakfast.S. Entrees: all other dishes served at break-

fast.6. Breads, rolls, buns, Danish-pastries, etc.,

served at breakfast.7. All other breakfast dishes including

jams, jellies, and preserves.

OrE ITES

8. Appetizers, including cocktails.

9. Soups, including soups in Jelly.10. Beef; steaks and roasts.11. Veal; steaks, chops and roasts.12. Pork; loin, chops, steaks, r6asts.13. Lamb or mutton; chops, roasts.14. Poultry and fowl.15. Fish and shell-fish.16. Game.17. Miscellaneous and variety meats, includ-

ing liver and kidneys.18. Prepared dishes such as stews, casse-

roles, ragouts, curries, etc.19. Egg and cheese dishes and combinations

thereof.20. All other dishes such as spaghetti and

combinations, vegetable platter, bakedbeans and combinations, chop suey,etc.

21. Vegetables, including potatoes.22. Salads (except when served as a main

course or appetizer course in a meal).23. Desserts: cakes, cookies, pies, pastries

and other baked goods.24. Desserts: ice cream, sherbets, water ices.

Including combinations with syrups,creams, fruits and nuts.

25. Desserts: all others, including fruits,puddings and cheese.

26. Cold sandwiches, including garnishings,salads and vegetables.

27. Hot sandwiches, including garnishings,salads and vegetables.

28. All other food items served in a mealincluding mints and preserves.

29. Beverage foods, including coffee, cocoa,chocolate, tea and milk.

BEVERAGES

30. Non-alcoholic beverages, including spar-kling and mineral waters.

31. Alcoholic malt beverages, including beerand ale.

32. Wineg, including sparkling wines.33. Liquors, including whiskeys,* gins and

brandies.34. Cordials, including fruit liquors.36. All other alcoholic beverages.

(b) The classes of meals.For purposes of this regulation there shall

be 11 classes of meals, namely, breakfast,lunch, tea, dinner, supper, children's break-fast, children's lunch, children's dinner, off-hour breakfast, off-hour lunch, and off-hourdinner.

SEC. 19. Special orders. The provisionsof this regulation to the contrary ngt-withstanding, the Office of Price Admin-istration may from time to time issuespecial orders providing for the reduc-tion of the maximum price of any fooditem or items or meal or meals %old oroffered by any sellef or sellers when, inthe judgment of the Administrator, suchaction is necessary or desirable to pre-vent excessive charges, to prevent infla-tion, to stabilize prices affecting the costof living or to carry out the purposes ofthe Emergency Price Control Act of 1942,

as amended, and Executive Orders Nos.9250 and 9328.

SEc. 20. Other regulations. This reg-ulation shall supersede any RestaurantMaximum Price Regulation now or here-after issued under General Order 50 inso far as the same purports to apply toproprietors covered by this regulation.

SEc. 21. Revocation. This regulationmay be revoked, amended, or correctedat any time.

APPENDIx A

SPEcfMIC PRICES FOR CERTAIN FOOD ITEMS

(a) Application of appendix. This appen-dix applies to food items offered for sale inday coaches requiring class two railroadtickets._ (b) Food items and prices:Sandwiches:

All sandwiches (excepted as notedbelow 2) ----------------------- $0.15

Beverages:1. Coffee, per cup -----------------. 102. Milk, per bottle (not less than

-Y pt.) ----------------------- .103. Soft drinks, ,including coca-cola,

pepsi-cold, etc ----------------. 10Desserts:

1. Individual and sliced pies, por-tion -------------------------. 0

2. Doughnuts (2), Cup cakes (2) .. .103. Cookies, per package ------------. 104. Ice cream, sherbets and fruit ices

(except as noted below)' ------. 105. Fruits, including fresh apples and

oranges --------- ------------- . 10Miscellaneous:

I. Candies and Chocolates, bars andpieces -------- --------------- .10

2. Potato Chips, per package --------. 10'If a proprietor sold a particular type of

sandwich at a price higher than 150 or icecream at more than 100 during the baseperiod, he may continue to sell it at suchhigher price provided the price is clearlymarked on the wrapper in the'following man-ner: "OPA ceiling price -_0"

APPzsmmx BSPEcIFIc PRCEs sOR CERTAn MEALS

(a) Application of appendix. Except onthe trains br dining cars described in para-graph, (c) all proprietors who do not offersubstantially the same meals at lower pricesmust offer at least one breakfast, oneluncheon and one dinner of the contents andat the prices stated in paragraph (b) unlessthey eliminate that class of meal altogether.

(b) Meal contents and prices:Breakfast

8501. Fruit, fruit or vegetable juice2. Choice of:Entrees. Cereal, hot or cold, with milk or

cream.Eggs (2)-any style.Omelettes, plain or combination.Egg (1) and bacon, ham or sausage..3. Bread (plain or toasted) and butter4. Beverage-coffee, tea, cocoa or milk

A la carte food items which must not ex-ceed 600. total in combination served forbreakfast.

1. Fruit, fruit or vegetable juice, or cereal,hot or cold, with milk or cream

2. Bread (plain or toasted) and butter3. Beverage-coffee, tea or milk

Luncheon$1.0

Entrees. Meat, including -'en casserole"dishes, chopped or ground meat dishesand sausage meats.

Eggs, including omelettes.Fish and shellfish, all-forms.

Chicken and other poultr, all cookedforms.

Cheese dishes.Spaghetti, noodle and other farinaceous

dishes with sauces.Vegetable plates,Salad bowls, including combinations,Cold plates, including meat and choese

combinations.Vegetables-- (2)-including potatoes.Beverages-coffee, tea or milk.Bread and butter.

Dinner$1.10

Entrees.' Meat, Including "on casserole"dishes.

Fish, excluding chopped and ground pattiesor croquettes.

Shellfish, all cooked forms.Chicken and other poultry.Omelettes, with meat, cheese, vegetables

or fruit.Cold plate, including meat and, cheese

combinations.Vegetable plates.Vegetables- (2) -including potatoes.Beverages-coffee, tea or milk,Bread and butter.(c) Exempt trains and dining cars1. Regular dining cars on trains which

carry also a cafe, lunch, buffet, tourist orother low-priced dining car available to allpassengers, in which substantially the samemeals are offered at prices as low as, or lowerthan, those specified in paragraph (b),

2. Atchison, Topeka and SantaFe Railroad Trains

The Super Chief --------- (17 & 10)The Chief ---------- ----- (19 & 20)

3. Baltimore & Ohio RailroadCapitol Limited ---------- (6 & 0)

4. Chicago & NorthwesternStreamliner City of San

Francisco -------------- (101-102)Streamliner City of Los

Angeles ---------------- (103-104)San Francisco Overland

Ltd --------------- _--- (27 & 28)6. Illinois Central

Panama Ltd. (Special Serv-ices) ------------------ (64 & 60)

6. New York Central20th Century Ltd --------- (25 &20)The Detroiter ------------ (47 & 48)Advance Commodore Van-

derbilt ----------------- (37)Advance Commodore Van-

derbilt ----------------- (60)The Commodore Vander-

bilt ------------------- (67 & 08)7. New York, Now Haven & Hart-

fordMerchants Ltd ----------- (20 & 27)

8. Pennsylvania RailroadThe Broadway Ltd ------- (28 & 29)

9. Seaboard RailroadOrange Blossom Special,

Florida Sunbeam (Sea-sonal in winter) ..... (7 & 8)

10. Southern Pacific RailroadStreamliner City of San

Francisco -------------- (101 & 102)San Francisco Overland

Ltd ----------------- (27 & 28)Cascade ---------------- (23 & 24)

11. Union PacificStreamliner City of San

Francisco --------------- (101 & 102)Streamliner City of Los An-

geles --------------------- (103 & 104)San Francisco Overland Ltd. (27 & 20)

'Not all entrees listed need be offered onany one meal. It is expected, however, thatan effort will be made over a period of timeto serve all entrees in reasonable quantities.A proprietor who concentrates unduly on thecheapest and least desirable entree will be inviolation of the spirit and intent of thisregulation.

8848


Effective DateThis regulation shall become effective

July 1, 1943.NoTE: The specific reporting and record-

keeping requirements of this regulation havebeen approved by the Bureau of the BudgetIn accordance with the Federal Reports Actof 1942.

Issued this 26th day of June 1943.- PRENTISS M. BROWN,

Administrator.

[P. R. Doc. 43-10281; Filed, June 26, 194;12:12 p. m.]

PART 1499-Co=OisoaiEs mD SEaviors[Order 562 Under § 1499.3 (b) of GAM]

CAMFIELD MIUTFACTUIING CO.

The Camfield Manufacturing Com-pany of Grand Haven, Michigan, madeapplication under § 1499.3 (b) -of theGeneral Maximum Price Regulation forapproval of a price on 6,000 7-ply Mapleplywood panels, 7%" x 141" x /". Dueconsideration has been given the appli-cation and an opinion in support of thisorder, issued simultaneously herewith,has been filed with the Division of theFederal Register. For the reasons setforth" in the opinion and under authorityvested in the Price Administrator by theEmergency Price Control Act of i942, asamended, and Executive Order 9250, Itis ordered:

§ 1499.2000 Approval of maximumprice for maple plywood panels. (a)The Camfield Manufacturing Company,Grand Haven, Michigan, may sell anddeliver to Domore Chair Company, Elk-hart, Indiana, and Domore Chair Com-pany, Elkhart, Indiana, may buy andreceive from Camfield ManufacturingCompany 6,000 7-ply maple plywoodpanels, 7Y2" x 14 Y" x ", resin gluedin hot plate presses at a price not toexceed 45 cents per square foot.

(b) This order may be amended orrevoked by the Price Administrator atany time.

The effective date of this order shallbe January 25, 1943.


Administrator.

[F. R. Doc. 43-10291; Piled, June 26, 19;12:07 p. in.]

PART 1499-Co=oDITIEs AND SERVICES[Order 563 Under § 14992 (b) of GLIPR]

ROBERT A. JOHNSTON COLIPANY

For the reasons set forth in an opinionissued simultaneously herewith, It isordered:

§ 1499.2101 Authorization of maxi-mum prices for sales of Johnstan's CocoaBeverage Powder No. 40 processed by theRobert A. Johnston Company, 4023 WestNational Avenue,-Milwaukee, Wisconsin.(a) On and after June 28, 1943, themaximum prices for "Johnston's Cocoa

No. 127-10

Beverage Powder No. 40" proceed byRobert A. Johnston Company, 4023 WestNational Avenue, Milwaukee, Wisconsin,shall be as follows:Size container: Prtcoperpaund

5 pound can.--.... COMO (dLUvcrcd tobuycra receivingstatlon).

180 pound barreL....- C.17CO f. o. b. LMI-raulke.

200 pound barrel con-taining 200 1-poundbags-.---.... CO.180 f. o. b. Lii-

waulkcc.

(b) The above prices are prices beforediscounts. Sellers shall reduce thesepricct by applying to them the sametrade allowances and discounts whichthey applied on similar sales of "John-ston's Hot Chocolate Powder No. 31".

(c) The Robert A. Johnston Companyshall notify its Jobbers by letter of theissuancE of this order, stating the maxi-mum prices authorized herein, and thediscount requirements of paragraph (b).

(d) This order may be revoked oramended by the Administrator at anytime.

(e) This Order No. 563 shall becomeeffective June 28, 1943.(Pub. Laws 421 and 429, '17th Cong.; E.O.9250, 7 F.R. 7871)

Issued this 26th day of June 1943.Pmunss M. Bnowu,

Administrator.[F. R. Doe. 43-10292; Filed. June 26, 1043;

12:00 p. m.]

PART 1499-CorsOD s AIM SEnVICES[Order 565 Under § 14992 (b) of GPRI

FEARN LAEORATORIEM InC., ET AL.


§ 1499.2103 AuthorZation of maxi-mum prices for sales of "Le Gout Nut-meg Substitute manufactured by FeamLaboratories Inc., 701 North WesternAve., Chicago, Illinois. (a) The maxi-mum prices, 1. o. b. Chicago, Illinois,for "Le Gout Nutmeg Substitute" soldin the following size containers shall beas follows:225 lb. barrel- ....... CCO.00 per barrel10 lb. can --------- C4.2 per can.2 lb. can- .... CO8 per can.

(b) The prices set forth in paragraph(a) are prices before discounts of anykind. Each seller of this product shallreduce these'prices by applying to themall trade allowances which It customar-ily applied to similar sales of a com-parable product. Such trade allowancesinclude but are not limited to the dis-counts given for prompt payment, quan-tity of sale, and class of purchaser.

(c) The Feam Laboratories shall atthe time of the first sale to a purchasernotify such purchaser in writing of themaximum prices established by this or-der, and shall further notify such pur-chaser that the maximum prices apply

to every seller, and that every seller Isrequired to reduce these prices by apply-Ing to them all trade allowances anddiscounts which each such seller cus-tomarily applied to similar sales of acomparable product.

(d) This order may be revoked oramended by the Administrator at anytime.

(e) This Order No. 565 shall becomeeffective June 23, 1943. D

(Pub. Laws 421 and 129, 77th Cong.;E.O. 9250, 7 P.R. 7871)

Issued this 26th day of June 1943.Pnzr.s L. BnoWzy,

Administrator.

[F. n. Dc. 43-1024: Filed, June 2, 1943;12:03 p. 3n.]

PAT 1499-Cosn iom= mm Sm zczs[Order 163 Under § 14993 (b) o= GMPRI

LArsrASIE SHOE CoipsANYFor the reasons set forth in an opinion

issued simultaneously herewith and filedwith the Division of the Federal Register,under the authority vested in the PriceAdministrator by the Emergency PriceControl Act of 1942 as amended and inaccordance with Revised ProceduralRegulation No. 1 issued by the Office ofPrice Administration, It is ordered:

§ 1499.2104 Approval of maximumprices for sales by Zanc=ater Shoe Corn-pany, Elizabethtown, Pennsylrania, of itschildren s mnsses' and growing girls'plastic sole shoes. (a) On and afterJune 23, 1943, the maximum prices atwhich the Lancaster Shoe Company,39 Poplar Street, Elizabethtown, Penn-sylvania, may sell, deliver and offer forsale Its new children's, misses' and grow-ing girls' shoes with 6-iron plastic vinyl-Ite outsole and 31,-Iron oak leathermid-sole as described in its application, shallbe the established maximum prices forIts children's, misses* and growing girls'shoes with oak bend leather soles in-creased by 15 cents per pair for chil-dren's, 15 cents per pair for misses andtwenty cents per pair for growing girls.

Cb) The maximum prices authorizedby this Order No. 566 shall be subject todiscounts, allowances and terms no lessfavorable than those in effect duringMarch 1942 on sales by Lancaster ShoeCompany of Its children's, missss' andgrowing girls' shoes with oak bendleather sole.

(c) The maximum prices authorizedby paragraph (a) of this Order No. 566shall be subject to adjustment at anytime by the Ofilce of Price Administra-tion.

(d) This Order No. 563 shall becomeeffective June 28, 1943.(Pub. Laws 421 and 729.77th Cong.; E.O.9250, ' P.R. 7871; E.O. 9323, 8 F.R. 4631)

Isued this 26th day of June 1943.Prnruss Mi. Bnows.

Administrator.

[P. R. Dac. 43-10235; Filed, June 29, I,43;12:06 p. n.]

8849


PART 1499-CODIMODnITES AND SERVICES

[Order 567 Under § 1499.3 (b) of GMPRI

PLANTERS MANUFACTURING COMPANY

On March 22, 1943, Planters Manufac-turing Company, Portsmouth, Virginia,filed application pursuant to § 1499.3 (b)of the General Maximum Price Regula-tion for approval of a maximum price foran industrial wooden box which it has notprevi6usly manufactured. Due consid-eration has been given the application,and an opinion in support of this orderhas been issued simultaneously herewithand has been filed with the Division ofthe Federal Register. Under authorityvested in the Price Administrator by theEmergency Price Control Act of 1942, asamended, and Executive Order 9250, It ishereby ordered:

§ 1499.2105 Approval of maximumprice for industrial wirebound box.(a) On and after March 22, 1943, Plant-ers Manufacturing Company of Ports-moutli, Virginia, may sell ani deliver toany person and any person may buy andreceive from Planters ManufacturingCompany, industrial wirebound boxes10%" x 9%'" x 165/" at a price not toexceed $28.00 per C, f. o. b. factory. Tothis maximum pride may be added acharge of Y cents per impression forprinting boxes.

(b) This order may be revoked oramended by the Price Administrator atany time.

The effective.date of this order shallbe March 22, 1943.


. Administrator.

Jr. R. Doc. 43-10286; Piled, June 26, 1943;12:06 p. m.]

PART 1499-CoLMoDITES AND SERVICES

[Order 23 Under § 1499.3 (c) of GMPR]

METALS RESERVE COMPANY

For the reasons set forth in an opinionIssued simultaneously herewith and filedwith the Division of the Federal Registerand pursuant to and under the authorityvested in the Price Administrator by theEmergency Price Control Act of 1942 asamended, and Executive Orders Nos.9250 and 9328, and in accordance with§ 1499.3 (c) of the General MaximumPrice Regulation, It is hereby ordered:

§ 1499.823 Authorization of maxi-mum prices of new steel valves for salesby consumer-holders to the Metals Re-serve Company, Murray Cook acting asagent for the Metals Reserve Company,or their agents and resales by MetalsReserve Company to others. (a) Themaximum price for any new steel valvesold or delivered by any consumer-holder to the Metals Reserve Company,Murray Cook acting as agent for theMetals Reserve Company, or any of theiragents pursuant to the War ProductionBoard Program No. 2844, "Surplus In-ventory of New Steel Valves" shall be

the net price which the consumer-holderwould have been required to pay for suchvalve according to the applicable regu-lation, schedule, or order covering suchvalve at the time of the consumer-hold-er's sale to the Metals Reserve Company.

(b) The maximum price for the re-sale by the Metals Reserve Company toany person for any new steel valve pur-chased by it under this Order No. 23shall not be more than the net pricewhich such person would have been re-quired to pay for such valve accordingto the applicable regulation, scheduleor order covering such valve at the timeof the sale by the Metals ReserveCompany.

(c) For the purpose of this order, theterm:

(1) "Steel valve" means any type orsize of steel valve.

(2) "Consumer-holder" means- anyowner of a new steel valve who acquiredsuch steel valve for his own use and notfor resale.

(3) "Net price" means' the invoiceprice which the seller would have paid.after deducting freight and handlingcharges paid by the seller, and any dis-counts, allowances, rebates, and othermodifications of cost of which the sellermay have been the beneficiary.

(d) All sales made in pursuance ofthis order No. 23 shall be f. o. b. point ofshipment.

(e) This Order No. 23 may be revokedor amended by the Price Administratorat any time.

This Order No. 23 shall become effec-tive June 28, 1943.


Administrator.

IF. R. Doc. 43-10287; Filed,. June 26, 1943;12:08 p. m.]

PART 1499--CoMlODITIES AND SERVICES[Order 23 Under § 1499.18 (c), as Amended.

of GMPR]

COOK PAINT AND VARNISH Co.For the reasons set forth in an opinion

issued simultaneously herewith, It isordered:

§ 1499.1523 Denial of application ofCook Paint and Varnish Company, Kan-sas City, Missouri, for adjustment ofmaximum price for V-634 "C". Enamel.(a) The application of Cook Paint andVarnish Company, filed April 8, 1943,Docket No. GF3-3225, for adjustment ofits maximum price for V-634 "C" Enamelis hereby denied.

This Order No. 23 shall become effec-tive June 26, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 F.R. 7871; E.O. 9328, 8 F.R. 4681)


Administrator.[P.. R. Doc. 43-10290; Filed, June 26, 1943;

12:08 p. in.]

PART 1499-COMMODITIES AND SERVICES

[Order 29 Under § 1499.29 of OMPRI

COOK PAINT AND VARNISH CO.

For the reasons set forth In an opin-ion issued simultaneously herewith, It isordered:

§ 1499.429 Denial of applications ofCook Paint and Varnish Company, Ifan-sas City, Missouri, for adjustment ofmaximum Prces for Zinc Paste X-2541and V-634 "C" Enamel. (a) The appli-cations of Cook Paint and Varnish Com-pany, filed April 8, 1943, Docket No.3188-96 and Docket No. 3188-97, for ad-justment of its maximum priceg forZinc Paste X-2541 and V-634 "C"Enamel is hereby denied.

This Order No. 29 shall become effec-tive June 26, 1943.(Pub. Laws 421 and 729, '7th Cong.:E.O. 9250, 7 P.R. 7871; E.O. 9328, 8 FR.4681)

Issued this 26th day of June 1943,PRENTISS M. BROWN,

Administrator.iF. R. Doc, 43-10283: Flied, Juno 26, 1043;

12:07 p. m.]

PART 1499-CoMMoDnrIES AND SERVICES

[SR 141 to GMPR,' Amndt. 1001

CRUDE RUBBER COMODITIrS

A statement of the considerations In-volved in the issuance of this amend-ment, issued simultaneously herewith,has been filed with the Division of theFederal Register.*

Section 1499.73 (a) (92) Is revoked.This amendment shall become ef-

fective July 2, 1943.(Pub. Laws 421 and 729, 77th Cong.;E.O. 9250, 7 P.R. 7871)


. Administrator.iF. R. Doc. 43-10282; Filed, June 26, 1043,

12:09 p. in.]

PART 1499-COMODITIES AND SERVICES[Order 64 Under SR 15 to GMPRI

SUBLER TRANSFER

Order No. 64 under § 1499.75 (a) (3)of Supplementary Regulation No. 15 tothe General Maximum Price Regulation;Docket No. 3165-24.

For the reasons set forth In an opinionissued simultaneously herewith, It Isordered:


17 P.R. 5486, 5709, 6008, 5911, 6217, 6477,6473, 6774, 6775, 6793, 6887, 6892, 6716, 6039,7011, 7012, 6965, 7250, 7289, 7203, 7365, 7401,7453, 7400, 7510, 7536, 7604, 7538, 7511, 7535,7739, 7671, 7812, 7014, 7946, 8327, 8024, 8100,8351, 8358, 8524.

28 P.R. 3096, 3849, 4347, 4486, 4724. 4978,4848, 6047.

8850


§ 1499.1364 Adjustment of maximumprices for contract carrier services byKenneth Subler, doing business as Sub-ler Transfer, of Versailles, Ohio. (a)Kenneth Subler, doing business as Sub-ler Transfer, of Versailles, Ohio, may selland deliver contract carrier services atprices not to exceed 3% above his March,1942 prices established as his maximumprices for such services by the GeneralMaximum Price Regulation.

(b) All requests of the applicationnot granted herein are denied.

(c) This Order No. 64 (§ 1499.1364) ishereby incorporated as a section of Sup-plementary Regulation No. 14 whichcontains modifications of maximumprices established by § 1499.2.

(d) This Order No. 64 (§1499.1364)may be revoked or amended by the PriceAdministrator at any time.

(e) This Order No. 64 (§ 1499.1364)shall become effective June 28, 1943.(Pub. Laws No. 421 and 729, 77th Cong.;E.O. 9250, 7 P.R. 7871)

Issued this 26th day of June 1943.PRENTISS Ml. BROWN,

Administrator.

[P. R. Doe. 43-10288; Filed, June 26, 1943;12:06 p. m.]

PenT 1499--Co=oDITIES AND SERVICES[Order 65 Under SR 15 to GMPR]

JOSEPH F. W ELAII CO., INC.

Order No. 65, under § 1499.75 (a) (3)of Supplementary Regulation No. 15 tothe.General Maximum Price Regulation;Document No. GF-3333.-


§ 1499.1365 Adjustment of muaximumprices for contract carrier services sup-plied by Joseph F. Whelan Company,Inc., of 439 West 54th, Street, New York,New York. (a) Joseph F. Whelan Com-pany, Inc., a corporation with principaloffices~at 439 West 54th Street, New York,New York, may sell and deliver contractcarrier services to the Procter & GambleDistributing Company, at prices not toexceed 6% above its March, 1942 pricesestablished as its maximum prices forthese services by the General MaximumPrice Regulation.

(b) All requests of the application notgranted herein are denied.

(c) This Order No. 65, (§ 1499.1365) ishereby incorporated as a section of Sup-plementary Regulation No. 14, whichcontains modifications of maximumprices established by § 14992.

(d) This Order No. 65 (§ 1499.1365)may be revoked or amended by the PriceAdministrator at any time.

(e) This Order No. 65 § 1499.1365)shall become effective as of January 1,1943.

(Pub. Laws No. 421 and 729, 77th Cong.; Een.E.O. 9250, 1 P.R. 7871) - 3. liaxmum pricas.

4. L cz than madmum prices.Issued this 26th day of June 1943. B5. Adjtutable pricing.

Pazurxss M. 1OwM, 6 . Rccords and eporta-Administrator. 7. Geographical application.

8. Taxes.[P. R. DIc. 43-10289; Filed, June 20, 10-13; 9. RIz-tration and licensing.

12:07 p. nL 10. nva on." 1. Eaforcemont.

12 Applicability of otherx maximum price reg-ulatlons or revised price cchedules.

PART 1306--:lRIND STEEL 13. Petitions for amendment.ILPR4111 % Appendix A: ZLaximum welghts.

a -

REUSABLE STEL STORAGE TAIS (0IELDASSeM LED)

In the judgment of the Price Admin-istrator it is necessary and proper toestablish maximum prices for sales ofreusable steel storage tanks by a sepa-rate maximum price regulation. Here-tofore, maximum prices for these tankshave been established by the GeneralMaximum Price Regulation The PriceAdministrator has ascertained and givendue consideration to the prices of suchstorage tanks prevailing between Octo-ber 1 and October 15, 1941, and has madeadjustments for such relevant factors ashe has determined and deemed to be ofgeneral applicability. So far as practi-cable, the Price Administrator has ad-vised and consulted with representativemembers of the industry which will beaffected by this re-ulatlon.

In the judgmen t of the Price Admin-istrator the maximum prices establishedby this regulation are, and will be, gen-erally fair and equitable and wi effectu-ate the purposes of the Emergency PriceControl Act of 1942, as amended. Astatement of the considerations involvedin the Issuance of this regulation hasbeen issued simultaneously herewith, andhas been filed with the Division of theFederal Register.*

§ 1306.33 Maximum Prices for re-usable steel storage tank;s (field assem-bled). Under the authority vested inthe Price Administrator by the Emer-gency Price Control Act of 1942, asamended, and Executive Order Nos. 9250and 9328, Maximum Price Regulation411, Reusable Steel Storage Tanhs (FieldAssembled), which is annexed hereto andmade a part hereof, is hereby issued.

Aurxacn=: § 1'00.33 I-ucd under Pub.Laws 421 and 729. 77th Cong.. E.O. O29,P.R. 7871; E.O. 9328, 8 P.R. CC3i.

Ussnxus P=an Rnv ezon 411-r-zusszxnSrM SroGEn TAunrS (FirM A=1xmnLxv)

co:.nrsSee.

1. DIeanitloni.2. Prohibition against dealing In rcumble

steel storage tn', at prices above themaximurn

*Copies may be obtained from the Oca orPrice Administration.

18 P.R. 3096. 3849, 4347, 4026, 472-1, 4"M8,4978, 60-7, 6262.

Srcxo-r 1. Definitions. (a) Vhenused in this Regulation, the term: "Per-son" includes an individual, corporation,partnership, association, or any other or-ganized group of persons, or legal succes-sor or representative of any of the fore.going, and includes the United States orany agency thereof, or any other govern-ment, or any of its political subdivisions,or any agency of any of the foregoing.

"Reusable steel storage tank" meansany reusable field-assembled tank, fabri-cated of steel sheets or plates, for thepurpoZe of storing or containing liquids,gases or solids.

(b) Unless the context otherwise re-quirez, the definitions set forth in section302 of the Emergency Price Control Actof 1942 as amended shall apply to otherterms used herein.

SEc. 2. Prohibition agaftnst dealing inreusable steel storage tanks at pricesabore the maximum. On and after July2,1943, regardless of any contract, agree-ment, lease or other obligation:

(a) No person shall sell or deliver re-usable steel storage tanks at prices higherthan the maximum prices set forth inthis regulation;

(b) No person shall buy or receive re-usable steel storage tanks at priceshigher than the maximum prices setforth in this Regulation;

(c) No person shall agree, offer, solicitor attempt to do any of the foregoing.

The provisions of this section shall notapply to salcs and deliveries of dis-mantled reusable steel storage tanks ifprior to July 2, 1943, such tanks hadbcen received for shiument by a carrierother than a carrier ovemd or centroiedby the seller; nor -shall the provisions ofthis sedion apply to contracts of sale,or other firm commitments for the saleof reusable stel storage tanks, enteredinto prior to March 26,1943.

Sac. 3. Maxrimum price--(a) Maxi-mum priczs for reucabI3 steeZ boltedstorage tarL.k. The maximum prices forreusable steel bolted storage tanks shallbe as follows:

(1) Class A. ("Class A" means in acondition suitable for reuse, requiring noreplacement of sheets, plates, structuralsupport. or appurtenances (exceptgaskets and bolt)).

8851

FEDERAL REGISTER, Tuesday, -June 29, 1943

Standing tanks Allowancs

Tank wlth steelcapaety I (barrels) roof Open top tanks

Black Galvan Black Galvan-plate ized plate Ized

8 66. .-- ---------------------- 92 $117 $52 $102O4 $17 4810 00-------------------------- 128 160 98 2 21010 .............................................. 160 204 15 191 1020 ------------------------- 183 233 153 195 308 102&0 -----------------------------------------------. 228 290 157 190 30 10

........... 00................................... 240 -.305 25 10 39 10500 high) ....... gh................................ 334 425 263 334 42 100 low) ----------------------------------------- 377 470 267 340 427W ----------------------------------------------- 450 572 381 484 50 101,000 (high) -------------------------------------- 6 17 657 412 623 69 111,000 (low) --------------------------------------- 671 352 474 603 65 141,600 . . . . ..-------------------------------------- 650 80 579 735 81 152,000 --------------------------------------------- 822 1,045 623 702 112 193,000 ----------------------------------- ----- -- 0--1 171 1,233 776 90 156' 24

,000 --------.--------------------------------- - 1,M 1,969 1,052 1,374 261 4110,000 -------- ----------------------------------- 2,72 3,454 1,491 1,89 467 74

' The maximum price and allowances for a size not listed shall be computed by interpolation from the prices forthe nearest sizes listed. (For example, the maximum price for a 3,600 barrel tank is determined by adding to therice of the 3,000 barrel tank one-quarter of the difference between the prices of the 3,000 barrel tank and the 6,000

barrel tank. In interpolating from the 500 or 1,000 barrel tanks, the prices for the high tanks shall be used. If thetank is smaller than 65 barrels or greater than 10,000 barrels, % maximum price shall be proportionate to that forthe nearest listed size.)

IThe amounts under allowance for dismantling may be added to the sale price if the tank has been dismantledbeforo sale, match-marked, and the parts loaded on the first conveyance for transportation.

'The amounts under allowanco for cleaning may be added to the sale price of the standing or dismantled tank.If the tank has been thoroughly cleaned.

(2) Class B. "Class B" means in acondition suitable for reuse but requir-ing replacement of one or more sheets,plates, structural supports or appurte-nances (except gaskets and bolts): Fiftypercent of the maximum prices set forthin paragraph (a) (1) for Class A stand-ing tanks. The entire allowance for dis-mantling may be added if the tank hasbeen dismantled before sale, match-marked, and loaded on the first convey-ance for transportation, and the entireallowance for cleaning may be added ifthe tank has been thoroughly cleaned.A Class B tank shall qualify as Class Aif the seller furnishes to the purchaser,delivered to the site of the standing tankor location of the dismantled tank, thenecessary replacement sheets, plates,structural supports or appurtenances(except gaskets and bolts) to make itconform to Class A or if the seller creditsthe purchaser with the actual cost to theseller of such replacements, such cost toinclude delivery cost to the site of thestanding tank or, location of the dis-mantled tank.

(b) Maximum prices for reusable steelriveted and welded storage tanks. Themaximum prices for reusable steel riv-eted and welded storage tanks shall be asfollows:

(1) Class A. ("Class A" means in acondition suitable for reuse and permit-ting dismantling and re-erection withoutreplacement of over two percent of theoriginal plate area or of any structuralsupports or appurtenances): $45 per netton of the iron and steel in the tank andappurtenances (for maximum weights,see section 3 (d) and Appendix A) plus$13.00 per net ton if the tank has beensatisfactorily dismantled before sale,match-marked, and loaded on the firstconveyance for transportation, plus $2.00per net ton if the standing or dismantledtank has been thoroughly cleaned.,

(2) Class B. ("Class B" means, in acondition suitable for reuse and permit-ting dismantling and re-erection with areplacement of more than two percent ofthe original plate area or of any struc-tural supports or appurtenances) : $22.50per net ton of the iron and steel in thetank and appurtenances, plus $13.00 pernet ton if the tank has been satisfactorilydismantled before sale, match-marked,and loaded on the first conveyance fortransportation, plus $2.00 per net ton Ifthe tank has been thoroughly cleaned. AClass B tank shall qualify as Class A ifthe seller furnishes to the purchaser, de-livered to the site of the standing tankor location of the dismantled tank, thenecessary replacement sheets, plates,structural supports or appurtenances tomake it conform to Class A, or if theseller credits the purchaser with the ac-tual cost to the seller of such replace-nhents, such cost to include delivery costto the site of the standing tank or loca-tion of the dismantled tank.

(c) Maximum charges for delivery.The maximum delivery charge for areusable steel storage tank which hasbeen dismantled before sale shall be theestablished charge from the point ofloading on the first conveyance fortransportation to the point of deliveryby the mode of transportation employed.Where transportation from said loadingpoint to poffit of delivery includes wateror motor vehicle movement, and if noestablished charge exists for such move-ment, then the actual charge paid orcost incurred in such movement may beincluded in the delivery charge. Wheretransportation from said loading pointto point of delivery includes water move-ment and there are no established dockcharges the actual charges incurred atthe dock may be included in the deliverycharge. For the purposes of this regula-tion, such reusable steel storage tanksare at their point of delivery when they

have arrived for unloading at the pointdesignated by the buyer.

(d) Determination of class of tank, itsweight, and necessary replaocments,The "Class" of a reusable steel storagetank (that is, whether it Is Class A orClass B), the weight 'in the case of ariveted or welded tank, and the replace-ments which are necessary and the costthereof, shall all be established betweenseller and purchaser prior to the sale,and when agreed upon, shall be conclu-sive. as between seller and purchaserlpon consummation of the sale, Such

ddtermination, however, shall not' beused as a means of evasion of this Regu-lation.

The weight to be established may notexceed the weight of the tank when new,to be determined from the records of theoriginal owner or builder, or if such rec-ords are not available, the weight to beestablished may not exceed the maxi-mum weight for a tank of the same di-mensions and cdpacity as set forth inAppendix A.

(e) Maximum prices for reusable steelstorage tanks with floating or balloonroofs and for reusable steel tanks ofspherical shapes. Each person who pro-poses to sell a reusable steel storage tankwith floating or balloon roof or a reusablesteel tank of spherical shape shall sub-mit the following information to theOffice of Price Administration, Iron andSteel Branch, Washington, D. C.: Loca-tion of the tank to be sold, its age, ca-pacity, dimensions, weight, condition,gauge, and type of plate, whether thetank has been dismantled and cleaned,acquisition price and proposed sellingprice, extra charges if any, and whethersuch proposed selling price Is a shippingpoint or delivered price, and if delivered,the point of destination.

The proposed sale price shall be ap-proved as filed or shall be disapprovedwithin seven days from the time theabove information is received by saidIron and Steel Branch. In the event ofdisapproval the Price Administratorshall establish a maximum price for thesale of the particular tank described,which maximum price-shall be for-warded in writing by the Office of PriceAdministration to the proposed sellersimultaneously with the notice of dis-approval. In the event thQ Office ofPrice Administration does not mail Itsapproval or disapproval within sevenday as provided herein, the proposedsale price shall be deemed approved.. SEc. 4. Less than maximum prices.Lower prices than those established bythis regulation may be charged, de-manded, paid or offered.

SEc. 5. Adjustable pricing. Any Per-son may agree to sell at a price whichcan be increased up to the maximumprice in effect at the time of delivery;but no person may, unless authorized bythe Office of Price Administration, de-liver or agree to deliver at prices to beadjusted upward in accordance withaction taken by the Office of Price Ad-miaiystration after delivery. Such au-thorization may be given whlen a request

8852

FEDERAL REGISTER, Tuesday, June 29, 1913 8853for a change in the applicable maximumprice is pending, but only if the author-ization Is necessary to promote distribu-tion or production and if it will notinterfere with the purposes of theEmergency Price Control Act of 1942, asamended. The authorization may begiven by the Administrator or by anyofficial Of the Office of Price Administra-tion to whom the authority to grant suchauthorization has been delegated. Theauthorization if granted will be given byorder.

SEc. 6. Records - and reports. (a)Every person making a sale -of reusablesteel storage tanks shall render to thepurchaser an invoice for each sale list-ing each tank separately, showing thedate of sale, location of tank, its size,type, class as defined in this regulation,weight and capacity, the amount chargedfor each tank, and any charges for dis-mantling or cleaning. The seller mustalso show on each invoice by the word"used" that each such tank Is not newand the invoice must bear the words"sold subject to Maximum Price Regu-lation 411". Such invoice shall be re-tained by the buyer, and a copy thereofretained by the sellerlor a period of notless than two years or as long as theEmergency Price Control Act of 1942, asamended, shall be in effect, whicheveris shorter.

(b) Persons affected by this regula-tion shall submit such reports to theOffice of Price Administration as it mayfrom time to time require.

SEc. 7. Geographical application. Thisregulation shall apply to sales of reus-able steel storage tanks in the forty-eight states of the United States and theDistrict of Columbia.

Sxc. 8. Taxes. Any tax upon, or inconnection with, the sale of reusable steelstorage tanks" incurred or paid by theseller may be collected from the pur-chaser in addition to the maximum priceif the amount is stated separately andif the statute or ordinahce imposing thetax does not prohibit the seller fromseparately stating and collecting it.

SEc. 9. Registration and licensing.The provisions of Supplementary OrderNo. 17,2 licensing sellers of iron and steelproducts, are applicable to every personsubject to this regulation. That orderprovides, in brief, that a license is neces-sary to make sales of any iron or steelproducts for which maximum prices areestablished by this and other maximumprice regulations. A license is herebyautomatically granted. It is not neces-sary to apply for the license but all sellersmay later be required to register. Thelicense may be suspended for violationsin connection with the sale of any com-modity covered by the order, and no per-son whose license is suspended-may sellany such commodity during the periodof suspension.

SEC. 10. Evasion. The price limita-tions set forth in this regulation shallnot be evaded by direct or indirectmeans.

27 F.R. 7239, 11007.

Sw. 11. Enforccment. Perzons violat-ing any provisions of this regulation shallbe subject to the criminal penalties, civilenforcement actions, license suspensionproceedings, and suits for treble dam-ages provided for by the Emergency PriceControl Act of 1942, as amended.

Src. 12. ApplicabIlity of other maxi-mum price regulations or revised priceschedues-(a) Maximum Price Regula-tlon 136. Maximum prices for reusableshop-assembled tanks are not covered bythis regulation, but by Maximum PriceRegulation 136, as amended-Machinesand Parts, and Machinery Services.

(b) Second Revised Export Price Reg-ulation. Maximum prices for reusablesteel storage tanks (field assembled) soldto Procurement Agencies buying for theaccount of the Office of lend Iese Ad-ministration are covered by the SecondRevised Export Price Regulation, whichRegulation establishes as the basic pricesthe maximum prices set forth In thisregulation.

(c) Maximum Price Regulation 310.Maximum prices for reusable structuralsteel plates are not covered by this regu-lation, but by Maximum Price Regula-tion 310-Reusable Structural SteelShapes and Plates, and Shafting.

This regulation shall become effectiveJuly 2, 1943.

Nor=: All reporting and record-kcoping re-quirements of this regulation bave been ap.proved by the Bureau of tho Budget In ec-cordance with the Federal Reports Act of1942.

2 8 .R. 4132. 6987, 766.'8 F.. 1225, 6808.

(d) Revised Price Schedule 49'. Max-Itmum prices for reusable steel sheets arenot covered by this regulation, but byRevised Price Schedule 49, as amended-Resale of Iron and Steel Products.

(e) Maximum Price Regulation 251.Maximum prices for re-erected reusablesteel storage tanks, and for the servicesof dismantling and re-erection undercontract are not covered by this regula-tion but by Maximum Price Regulation251, as amended-Construction andMaintenance Services and Sales ofBuilding and Industrial Equipment andMaterials on an Installed or ErectedBasis.

Cf) Other regulations and schedules.This regulation supersedes all existingmaximum price re-ulations or revisedprice schedules with respect to sales ofreusable steel storage tanks (field as-sembled).

Szc. 13. Petitions for amendment.Any person seeking an amendment ofthis regulation may file a petition foramendment n accordance with the pro-visions of Revised Procedural Regula-tion No. 1 7, Issued by the Office of PriceAdministration.

Issued 26th day of June, 1943.Pnrrzuiss M. Bnomiz,

Administrator.

[P. R. Do. 43-10322; Filed, June 26, 1943;2:41 p. m.]

28 P.R, 4203, 4%42, 7257, 7595, "769, 70,9.e7 PR. 8378; 8 P.R. 3623.'7 P.R. E901; 8 P.R. 3313. 3533, 6173.

APPENDIX A-MAM UUM MIEGHTS I

Cnp~~tyBb . Wih RC I ithcut

Mmetcr lleIg (s.

$7 " 17',1' 5.20 5,3.02,0 ------------- " -C-?, 52,780

27'.." r 2' , 3,co 2Io

ZZ3' all Z/? 7"1 &3.CO 41,180.'.. ."........ ... " 57.420 Vm47,G13,,00 ............-- 7" -" 2-- ei' W,/T.io 3CCO1,I00 ....... ,. - - -.-- V" 27 /'" 112,C20 mc1(

4711 2V V' 120,2( C-1 180C. 0" 47 7" 12,420 101,2(017,0 0 .................... * 8'( " f4" 141,C(03" O €,C " 12047, W V ,, RCC

CV , 2 V, I, CtO 07C, .o

15,m0 ........ ..... &Z/.... ." 47 71 21i,4[0 101,4017,W10 ....... ' W, 24 7" 14C. C4 12(0TV 2" -" /' 171. CEO 23,CC0ZDOE43 .............. . 2 0 W 49 V IV, CC0 ]31.,0

- OO .. .... ... . .7' 5" 4' 2" 4 I5-20 : 218,2(0

Z5,0C0..................... --------- 27" V, W,0CD 14, 400

S... ................ 1 1' 47' 7" 20.2(0 17. C(07,1 ........ " W /" , 24€C. 4214,.'080,0 8............ 1C' 47 1, 715,880 1980B7,.40 ........ C,3:," ' a" 27(1' z.c 0 21c£0o

16,6(0.................... 18 17' fs" 1" 1,812"5,8(0 .82.880fs1co ---- -- 117' (f.427" 1 .20. CZO 8C(,CO,

210,80 .............. 11 ' 47' 11" 1,810.C{0 1,145,C('

IFrom Table .Tctbnl Bu~l]tIn No.11 Cblfr-o Drrfdo and Ircn Comrnr .'Fort hscdtnnasonsoc R tlCle2d itl3 tat'-,. tkamzixlamum a11oa~b!-,weXht ltethitvcfgbtoft forth for the tank rear(-A I.n 1z7t.


PART 1315-RUBBER AND PRODUCTS ANDMATERIALS OF WHICH RUBBER IS A CoM-PONENT

[MPR 107 ,1 Amdt. 101

USED TIRES AND TUBESA statement of the considerations in-

volved in the issuance of this amend-ment, issued simultaneously herewith,has been filed with the Division of the

'Federal Register.*Section 1315.1351a Is amended to read.

as follows:§ 1315.1351a Transactions not cov-

ered by this regulation-(a) Leasing orrenting. The maximum price for anysupplying of tire mileage shall be deter-mined according to Maximum Price Reg-ulation No. 414-Tire Mileage, as now orhereafter amended. The maximumprice for any other leasing or renting ofused tires or tubes shall be determinedaccording to Maximum Price RegulationNo. 165, as Amended-Services, as now orhereafter amended.

(b) Termination sales under tire mile-age contracts. The maximum-price forany termination sale or transfer of usedtires or tubes under a tire mileage con-tract shall be determined according toMaximum Price Regulation No. 414-TireMileage, as now or hereafter amended.

This amendment shall become effectiveJuly 2, 1943.(Pub. Laws 421 and 729, 77th Cong4 E.O.9250, 7 P.R. 7871)

Issued this 26th day of June 1943.Pa=ss M. BRoWN,

Administrator.[r. R. Doc. 43-10332; Filed, June 26, 1943;

2:38 p. m.]

PART 1315-RUBBER AND PRODUCTS AND MA-TERIALS OF WHICH RUBBER IS A COI-PONENT

[MPR 131,2 Amdt. 3]

CABIELBACKA statement of the considerations in-

volved in the issuance of this amend-ment, issued simultaneously herewith,has been filed with the Division of theFederal Register.*

Section 1315.1303 is amended to readas follows:

§ 1315.1303 Adjustable pricing. Anyperson may agree to sell at a price whichcan be increased up to the maximumprice in effect at the time of delivery;but no person may, unless authorized bythe Office of Price Admipistration, de-liver or agree to deliver at prices to beadjusted upward in accordance with ac-tion taken by the Office of Price Admin-istration after delivery. Such authori-zation may be given when a request fora change in the applicable maximumprice is pending, but only if the authori-zation is necessary to promote distribu-tion or production and if it will notInterfere with the purposes of the Emer-


17 P.R. 1838, 1981, 2394, 3891, 5177, 7365,8586, 8799, 8802, 8948; 8 P.R. 1584, 2206.

2 7 P.R. 3160, 8797, 8948; 8 F.R. 4887.

gency Price Control Act of 1942, asamended. The authorization may begiven by the Administrator or by anyofficial of the Office of Price Administra-tion to whom the authority to grant suchauthorization has been delegated. Theauthorization will be given by order.

This amendment shall become effec-tive July 2, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 F.R. 7871; E.O. 9328, 8 P.R. 4681)


Administrator. --[P.. R. Doc. 43-10319; Piled, June 26, 1943;

2:40 p.m.]

PART 1315-RUBBER AND PRODUCTS ANDMATERIALS OF WHICH RUBBER IS a COM-PONENT

[MPR 143,1 Amdt. 6]

WHOLESALE PRICES FOR NEW RUBBER TIRES

AND TUBES


Section 1315.1503 Is .amended to readas follows:

§1315.1503 Adjustable pricing. Anyperson may. agree to sell at a price whichcan be increased up to the maximumprice in effect at the time of delivery;but no person may, unless authorizedby the Office of Price Administration,deliver or agree to deliver at prices/to beadjusted upward in accordance withaction taken by the Office of Price Ad-ministration after delivery. Such au-thorization may be given when a requestfor a change in the applicable maximumprice is pending, but only if the authori-zation is necessary to promote distribu-tion or production and if it will not in-terfere with the purposes of the Emer-gency Price Control -Act of 1942, asamended. The authorization may begiven by the Administrator or by anyofficial of the Office of Price Administra-tion to whom the authority to grantsuch authorization has been delegated.The authorization will be given by order.

This amendment shall become effec-tive July 2, 1943.

(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, '7F R. '7871; E.O. 9328, 8 F.R. 4681)

Issued this 26th day of June 1943.PRENTiSSM. BROWN,

Administrator.[P. R. Doc. 43-10324; Filed, June 26, 1943;

2:42 p. m.]

PART 1315--RUBBER AND PRODUCTS ANDMATERIALS OF WHICH RUBBER IS A COM-PONENT

[MPF 4143'

TIRE MIILEAGE

In the Judgment of the Price Admin-istrator, it is neCessary and proper to

18 F.R. 4326, 5746.

establish specific and uniform maximumprices for the supplying of tire mileage.

In the Judgment of the Price Admin-istrator, the maximum prices estab-lished by this regulation are and will begenerally fair and equitable and willeffectuate the purposes of the Emer-gency Price Control Act of 1942, asamended. A statement of the consider-ations Involved in the issuance of thisregulation Issued simultaneously here-with has been filed with the Division ofthe Federal Register.*

§ 1315.13 Maximum prices for tiremileage. Under the authority vested Inthe Price Administrator by the Emer-gency Price Control Act of 1942, asamended, and Executive Orders No. 9250and 9328, Maximum Price Regulation No.414, Tire Mileage, which Is annexedhereto and made a part hereof, is herebyissued.

AuTrmo= : 6 1315.13 issued under Pub,Laws 421 and 729, 77th Cong.; E.O. 9250,7 P.R. 7871; E.O. 9328, 8 P.R. 4681.

Marm~h PRacE REOuLATioN 414-rIwMLEAGE

CONTENTSSee.1. Prohibition against dealing in tire mile-

age at prices above the maximum.2. Less than maximum prices. .3. To what transactions and commodities

this regulation applies and the relationto other regulations.

4. Maximum prices for servicing tires andtubes not owned by the person supply.

.ing the tire mileage.5. Maximum prices for termination sales or

transfers of tires and tubes.6. Bonus provisions in contracts,7. Defense Supplies Corporation pool thargo

on passenger-car tires and tubes.8. Federal and state taxes.9. Terms and conditions of sale.

10. Evasive practices.11. Liability of purchasers.12. Petitions for amendment,13. Records and reports.14. Enforcement.Appendix A. Maxiulum prices for tire mileago,

SECTI ON 1. Prohibition against dealingin tire mileage at prices above the maxi-mum. On and after July 2, 1943, regard-less of any contract or other obligation,no person shall sell or deliver any tiremileage, and no person shall buy or re-ceive any tire mileage In the course oftrade or business, at a price which Ishigher than the maximum price calcu-lated according to Appendix A hereof:and no person shall agree, offer, solicitor attempt to do any of the foregoing."Person" as used In this regulation in-cludes an Individual, corporation, part-nership, association, any other organ-ized group of persons, legal successor orrepresentative of any of the foregoing,and Includes the United States, anyagency thereof, any other government,or any of its political" subdivisions, andany agency of any of the foregoing.

SEC. 2. tLess than maximum prices.Lower prices than those established bythis regulation -may be charged, de-manded, paid or offered.

SEC. 3. To what transactions and com-modities this regulation applies and the

"8854


relation to other regulations--(a) Trans-actions covered-C() Supplying tires andtubes. This regulation applies to anysupplying of tire mileage, whether new,used, retreaded or recapped tires or newor used tubes are supplied. "Tire mile-age" as used in this regulation meansthe supplying and servicing of tires andtubes for a tire user at a rate per mile.This regulation does not apply to therenting of tires and tubes where no serv-icing of the tires or tubes is involved orwhere the charge is for the rental of-theparticular tires or tubes, as for example,a rate per day. This regulation does notapply to the renting of vehicles where acharge for the tires or tubes is includedin the rental charge for the vehicle.

- (2) Servicing tires and tubes. Thisregulation applies to any servicing oftires and tubes for a person who is buy-ing tire mileage from the person per-forming the service, regardless of whoowns the particular tires or tubes beingserviced. This regulation does not applyto any servicing of tires or tubes for aperson who is not buying tire mileagefrom the person performing the service."Servicing", as applied to tires and tubesnot owned by the person performing the

- service, does not include repairing, re-treading or recapping.

(33 Sales or transfers of tires andtubes. The only tires and tubes the saleor transfer of which is subject to thisregulation are tires and tubes whichhave been used in the supplying of tiremileage. The only sales or transfers ofsuch tires and tubes to which this regu-lation applies are those which are cov-ered by the termination provisions of thetire mileage contract and which are madeto the tire user by the person who is orhas been supplying tire mileage to thatuser or to any person who undertakes tosupply tire mileage to the user of thetires and tubes.

(b) Commodities covered. This regu-lation applies to transactions involvingpneumatic rubber tires and tubes andany flaps that are used therewith."Rubber" as used in this regulationmeans all forms and types of rubber,including synthetic and reclaimed rub-ber and any other rubber-like substanceused as a rubber substitute.

(c) Relation to other regulations.This regulation supersedes any otherregulation issued by the Office of PriceAdministration, - including MaximumPrice Regulations Nos. 107, 143, and 165and Revised Price Schedules Nos. 63 and66, as to transactions covered by thisregulation.

(d) Geographical applicability of thisregulation. This regulation applies inthe District of Columbia and the 48states, but not in the territories and pos-sessions of the'United States.

SEc. 4. Maximum prices for servicingtires and tubes xot owned by the personsupplying the tire mileage-Ca) Applica-bility of this section. This section ap-plies only to transactions between a per-son who is supplying tire mileage and

the person who is buying such tire mile-age from him.

(b) Prohibition and maximum prices.No such supplier shall charge and nosuch purchaser shall pay for the servic-Ing of tires and tubes not owned by theperson supplying the tire mileage a ratein excess of $.001 per vehicle mile, forvehicles having six running wheels. Forvehicles having more or less than sixrunning wheels, the maximum rate pervehicle mile shall be proportionatelymore or less than $.00L "Servicing" asused In this section does not Include re-pairing, retreading or recapping.

Ssc. 5. Maximum prices for tcrmina-tion sales or transfers of tires and tubes-(a) Applicability of this section. Thissection applies to those sales or transfer.of tires and tubes which have been usedin the supplying of tire mileage whichare covered by the termination provi-sions of the tire mileage contract and arebetween persons covered by the prohilbi-tion paragraph of this section.I (b) Terms of termination provisions.Any tire mileage contract may containtermination provisions. Such provsi onsshall apply to sales or transfers of onlythose tires and tubes which are used Inthe supplying of tire mileage under thecontract. Such provisions may not ap-ply to any sales or transfers of such tiresand tubes other than the following:Sales or transfers which take place as aresult of one person's terminating hissupplying of tire mileage to another per-son; and sales or transfers of the kindwhich were covered by the terminationprovisions of the tire mileage contract ineffect during March, 1942, that Is usedas a basis for determining the maximumprice in accordance with paragraph (d)of this section.

(c) Prohibition. No person who is orhas been supplying tire mileage shall sellor transfer the tires and tubes involvedto the tire user, and no such tire usershall buy or receive such tires and tubes,at a price which is higher than the max-imum price permitted by this section.No person shall sell or transfer tires andtubes which have been used in the sup-plying of tire mileage to a person whoundertakes to supply tire mileage tothe user of the tires and tubes, and noperson undertaking to supply tire mile-age shall buy or receive such tires andtubes, at a price which is higher than themaximum price permitted by this section.

(d) Maximum prices. The maximumprice shall be the price provided for sucha termination sale or transfer in thetermination provisions of the tire mile-age contract which was in effect duringMarch 1942, between the tire user andthe person who is supplying the tiremileage or terminating his supplying oftire mileage to such tire user. If therewas no such tire mileage contract ineffect during March 1942, the maximumprice shall be the highest price providedfor such a termination sale or transferin the termination provisions of any tiremileage contract which the person who

is supplying the tire mileage or termi-nating his supplying of tire mileage hadIn effect during March 1942 to any pur-chaser.

Se.c. 6. Bonus provisions in contracts--.(a) When required. Every tire mileagecontract must contain a bonus provisionif the supplier of the tire mileage hada bonus provision in a tire mileage con-tract in effect to the same tire user dur-ing March 1942. If the supplier of thetire mileage did not have a tire mileagecontract with the same tire user or didnot have a bonus provision In effect tothe tire user during March 1942, thisregulation does not require that therebe a bonus provision in any contract be-tween the parties. Nothing in this reg-ulation prevents the inclusion of a bonusprovision in a tire mileage contract solong as the parties comply with the max-imum prices fixed by this regulation.

(b) What bonus provisions are regu-lated as to terms. Paragraph (c) whichregulates the terms of bonus provisionsapplies to new tire mileage contracts, toextensions or renewals of tire mileagecontracts If the mileage rate in the con-tract is changed, or to any new agree-ment as to bonus provisions, made orentered Into after the effective date ofthis regulation. So long as the partiescomply with the maximum prices, thisregulation does not prevent bonus pro-visions or contracts having no bonus pro-visions from remaining in effect exactlyas the parties contracted for so longas the contract provides, if such con-tract for the bonus provision or suchcontract having no bonus provision wa1entered into before the effective date ofthis regulation.

(c) Terms of bonus provisions. Inany bonus provision to which this para-graph applies, the bonus rate shall notbe less favorable to the tire user than thebonus rate which was in effect betweenthe parties during March 1942. In anysuch bonus provision, the mileage figureat which the bonus rate becomes appli-iable may not be increased unless theaverage tire-life experience for the ac-count increases. Where such increase ispermitted the relationship between themileage figure at which the bonus ratebecomes applicable and the average tire-life experience shall not be less favorableto the tire user than the relationship be-tween those Items which was reflectedin the bonus provision in effect betweenthe parties during March 1942. Themileage figure at which the bonus ratebecomes applicable is not required to bereduced in any case.

Exampe: One-half rate charged on mile-rag over 3o.0o miles shall not be raised tothree-fourths rate charged on mileage over3o.CCO mines. If the average tire-Ufe expert-enco of the account Increases from 40.0G0milc to EO.0O0 miles (or by 25 percent). ho3-ever, the point at which the bonus rate be-come, applicable nay be raised to 37,50mltes (or by 25 parcent).

-8855

8856- FEDERAL REGISTER, Tuesday, June 29, 1943

(d) Definitions. (1) "Bonus provi-sion" as used in this regulation means aprovision in a tire mileage contractwhich provides for a reduced charge or arefund when the average tire-life experi-ence exceeds a certain mileage figure.

(2) "Average tire-life experience" foran account means the average mileagewhich a size of tire gives up until thetime it must be removed from the vehiclebecause no longer suitable for service,measured by the average mileage of orig-inal treads only.

SEC. 7. Defense Supplies Corporationpool charge on passenger-car tires andtubes. There may be added to the maxi-.mum price calculated according to thisregulation an amount equal to 16 percentof the maximum retail price of any pas-senger-car tires or tubes used-in thesupplying of tire mileage on which aDefense Supplies Corporation poolcharge has been paid. No amount shallbe added to the maximum price on ac-count of any Defense Supplies Corpora-tion pool charge if the-particular pas-senger-car tires or tubes being used werenot in the Defense Supplies Corporationpool and did not have such a charge as-sessed against them. The extra chargepermitted by this section may be madeat the time that the passenger-car tiresor tubes which have had the pool chargepaid on them are delivered to the tireuser. The extra charge permitted by thissection must be billed separately.

SEC.- 8. Federal and state taxes. Thefederal excise tax on rubber tires and,tubes and any other-tax upon, or incidentto, the sale, delivery, processing or useof rubber tires and tubes imposed by anystatute of the United States or statute orordinance of any state or subdivisionthereof, shall be treated as follows: Ifthe statute or ordinance imposing suchtax does not prohibit the seller fromstating and collecting the tax separatelyfrom the purchase price, and the sellerdoes separately state it, the seller may,collect, in addition to the maximumprice, the amount of the tax actuallypaid by him or an amount equal to theamount of tax paid by any prior vendorand separately stated and collected fromthe seller by the vendor from whom hepurchased.

SEc. 9, Terms and conditions of sale.(a) Credit. The maximum prices calcu-lated according to this regulation maynot be increased by any charge for theextension of credit. The supplier of tiremileage shall extend to the tire usercredit terms which are at least as favor-able to the tire user as credit termswhich the supplier had in effect to thattire user during March, 1942. If thesupplier was not supplying tire mileageto the same tire user during March, 1942,the supplier shall extend credit termswhich are at least as favorable to thetire user as credit terms which the sup-plier had in effect to some other tire userduring March, 1942. Nothing .in thisregulation shall prevent interest chargesbeing made on money overdue, so long as

the credit terms extended comply withthis paragraph.

(b) Commodities that must be sup-plied. Jn order to be entitled to themaximum prices for tire mileage calcu-lated according to Appendix A, the per-son supplying the tire mileage must sup-ply the tires and tubes and any necessaryflaps. If any of those items are not sup-plied by the person supplying the tiremileage, so that it is necessary for thetire user to acquire them elsewhere orsupply them himself, the maximum priceshall be appropriately reduced.

(c) Services that must be supplied.In order to be entitled to the maximumprices under this regulation, the personsupplying tire mileage must perform thesame services for the, tire user as heperformed for that tire user under a tiremileage contract during March, 1942.If the supplier had no tire mileage con-tract with the same tire user in effectduring March, 1942, the supplier mustperform at least as much service as heperformed for some other tire user undera tire mileage contract during March;1942, in order to be entitled to the maxi-mum prices. For any reduction in serv-ice below that required by this para-graph, there shall be an appropriate re-duction in the maximum price.

(d) Billing during operating period.Paragraph (b) in Appendix A providesthat the maximum price for supplyingtire fileage to an account shall be cal-•culated at the end pf -an operating pe-riod, -as therein -defined. During tht.t.operating period the parties may agreeupon any reasonable billing rate that isin line with the estimated maximumprice, and may pay and receive moneyon the basis of that rate subject to arefunding of any amount collected inexcess of the maximum price. The sup-plier shall pay interest of at least 3 per-cent per annum on all amounts collected

-from-the tire user in excess of 10 percentover the maximum price. Such inter-est shall accrue from the 'time that 10percent over the maximum price wascollected on all money collected after

.that time.SEC. 10. Evasive practices. The price

limitations .set forth in this regulationshall not be evaded whether by director indirect methods, in connection withan offer, solicitation, agreement, sale, de-livery, purchase of or relating to. tiremileage or tires or tubes, alone or in con-junction with any othdr, commodity orby way of commission, service, trans-portation, or other charge, or discount,premium or other privilege, or by tying-agreement or other trade understanding,or otherwise.

SEC. 11. Liability of purchasers. If, asto any transaction covered by this regu-lation, the purchaser shall receive awritten affirmation from the seller thatthe price being charged is not in excessof the maximum price established bythis regulation, and if the purchasershall have no cause to doubt-the accu-racy of the affirmation, the purchaser

shall have no obligation to calculate themaximum price under this regulationand shall have no liability for any pur-chase made in excess of the maximumprice as a result of good faith relianceupon such affirmation.

SEC. 12. Petitions for amendment.-Any person seeking an amendment ofthis regulation may file a petition foramendment in accordance with the pro-visions of Revised Procedural Regula-tion No. 1.

SEC. 13. Records and reports. (a)Eveiy seller subject to this regulationshall keep for inspection by the Officeof Price Administration for so long asthe EmergencyPrice Control Act of 1942remains in effect, complete and accuraterecords for each tire mileage account,showing the name and address of thebuyer, the periods during which tiremileage was supplied, the dates uponwhich payments were made and theamounts of such payments, and all rec-ords necessary to calculate the billingrate used and the maximum price, in-cluding the following:

(1) Average mileage from original'treads of tires removed from the Vehiclebecause no longer suitable for service.(without retreading or recapping), Inaddition, average mileage from retread-ed and recapped tires shall be kept sep-arately unless the billing rate is the notrate for all tires used on the account,

(2) Total miles run by each tire size.If the maximum price Is calculated fromtire miles or by each type of vehicle If

.the maximum price Is calculated fromvehicle miles.

(3) Tire sizes and plies (with numberof tires and size combinations Indicated).

(4) Type and construction of tires(cotton, rayon, etc.).

(5) Number of running wheels of eachsize and number of vehicles.

(6) Prices from which unadjustedmileage rates set forth at the beginningof the mileage contract period were fig-ured, and adjustments made for non-100-level tires.

(7) Data on bonus provisions and allother adjustments necessary to explainthe net charge for any period.'

(b) Persons subject to this regulationshall submit such reports to the Office ofPrice Administration as It may from timeto time require.

Szc. 14. Enforcement. (a) Personsviolating any provisions of this regula-tion are subject to the criminal penal-ties, civil enforcement actions and suitsfor treble damages provided for by theEmergency Price Control Act of 1942, asamended.

(b) Persons who have evidence of anyviolation of this regulation, or any priceschedule, regulation or order Issued bythe Office of Price Administration or ofany acts or practices which constitutesuch a violation are urged to communi-cate with the nearest field, district, stateor regional office of the Office of PriceAdministration or Its principal office In,Washington, D. C.

FEDERAL REGISTER, Tuesday, June 29, 1913APPrEmn A: Msx= Pszcss rOR Tmz

(a) To be calculated for each account.Maximum prices for tire mileage must becalculated according to this Appendix -forevery supplier's account with every tire user.The maximum price calculated according tothis Appendix shall be a total amount repre-senting the allowable net charge for tire mile-age supplied by the supplier to the tire userduring an operating period:

(b) To be calculated at end of operatingperiod. The maximum price shall be calcu-lated for an operating period after the endof that operating period. Promptly after theend of t~he operatJng period, $he tire usershall furnish the supplier with the necessarydata and the supplier shall calculate themaximum price. The operating period shallbe the length of time agreed upon by the par-ties for that purpose, except that it shall notbe less than three months or more thantwelve months. After the parties have onceset a length of time as the operating periodfor an account, the length of.the period shallnot be changed.

(c), Maximum prices apply to net recov-erie. The maximum prices for tire mileagecalculated according to this Appendix shall becompared to the net amount received or re-ceivable from the tire user for tire mileagesupplied during the operating period. If thenet amount received or receivable from thetire user for the tire mileage supplied duringthe operating period exceeds the maximumprice calculated according to this Appendix,the supplier must refund to the tire user anyamount In excess of the maximum price.The net amount receivedor receivable for thetire mileage shall be calculated by taking thegross revenue received or receivable from thetire user for the tire mileage supplied duringthe operating period and deducting allamounts refunded or refundable, as for ex-ample, under a bonus provision. The grossrevenue to be used shall be only revenuewhich results from the supplying of tiremileage at a rate per mile, and shall not In-clude any revenues from billings for taxes.from amounts billed separately to cover theDefense Supplies Corporation pool chargespaid on passenger-car tires and tubes, fromthe sale or transfer of tires anld tubes, fromrepairing, retreading or recapping tires andtubes owned by the tire user. from settle-ments for loss or damage, or from any siml-lar transactions.

(d) Calculation of maximum prices; ingeneral. Maximum prices for supplying tiremileage for any vehicles using "truck andbus" tires shall be calculated by use of therates set forth 'In Table I. Maximum pricesfor supplying tire mileage for any vehiclesusing "passenger-car" or '"motorcycle" tiresshall be calculated by use of the rates setforth in Table 1f. The maxmum.price Inany case may be calculated from tire milerates or from vehicle mile rates. The ratesset forth 'in Tables I and Ir apply to thesupplying of 100-level tires of the sizes andplies therein set forth, that is, tires of cottonfabric construction and of the brands listedIn paragraph (b) of § 1315.110 or § 1315.111of Revised Price Schedule No. 63. Maximumprices for supplying tire mileage with such100-level tires shall be calculated under para-graph (e) or (f). Maximum prices for sup-plying tire mileage with tires other than such

No. 127-11

100-level tires shall be calculated under par-agraph (g). If one account u= come 100-level tires and come non-100-level tires, thema ximum prices a.hdl be calculated underparagraph (e) or (f) for the 100-level tiresand under paragraph (g) for the non-10-level tires. However, If an account usingprincipally 100-level tires has non-lC0-leveltires on not over ten percent of Its runningwheels, the maximum price for the entire ac-count may be calculated under paragraph(e) or (f) as though all the tires were 100-level.

(e) Calculation of rmaximum prices fromtire mile rates. This paragraph applies tothe supplying of tire mileage with l00-leveltires as defined in paragraph (d) of the sizesand plies set forth In Tables I and IL Incalculating maximum prices from tire milerates, the maximum price for any account foran operating period shall be calculated asfollows:

(1) Determine the average tire life ex-perience for each size of tire, that Is, theaverage mileage given from the original treadsof the tires removed from the vehicles dur-ing the operating period because no longersuitable for service.

(2) Select the mileage bracket In thetable into which the tire life experience ofeach size of tire falls. This determines theapplicable column of rates.

(3) Datermine the actual number of tiremiles run during the operating period by alltires of each size, Including retreaded andrecapped tires as well as tires with originaltreads.

(4) Multiply the tire miles run by eachsize of tire by the rate for that size of tire Inthe column selected in step (2).

(5) Add the products (of the tire milestimes the rate) for all the sizes to get thetotal maximum price for the operating pericd.

(f) Calculation of manimum prices fromvehicle mile rates.' This paragraph applies tothe supplying of tire mileage with 100-leveltires as defined in paragraph (d) of the sizesand plies set forth in Tables I and IL Incalculating maximum prices from vehiclomile rates, the maximum price for any accountfer an operating period shall be calculatedas follows:

(1) Determine the average tire life expert-ence for each size of tire, that is, the averagemileage given from the original treads of thetires removed from the vehicles during theoperating period because no longer suitablefor service.

(2) Select the mileage braclot in the tableinto which the tire life experienceo of eachsize of tire falls. This determines the appli-cable column of rates from which the tiremile rate for each rie of tire can be selccted.

(3) Convert the tire mile rates to vehiclemile rates as follows: For vehicles with a uni-form tire size on all wheels of one vehicle,multiply the tire mile rate by the numberof running wheels on the vehicle. For ve-hicles with more than one tire cize on thewheels of one vehicle, multiply the tire milerate for each size of tire by the number ofrunning wheels on the vehicle taking thatsize of tire and add the resulting productsfor all sizes of tires on the vehicle. A vehiclemile rate should be calculated for every typeof vehicle used by the account during theoperating period, that Is, for vehicles withall the different combinations of tire sizesthat are Involved..

(4) Determine the actual number of ve-hio miles run during the operating periodby all vehicles of each type for which a vehiclemile rate was calculated.

(5) Multiply the vehicle miles run by eachtype of vehicle by the vehicle mile rate forthat type of vehlcle figured In step (3).

(6) Add the products (of the vehicle milestimes the vehicle mile rate) for all the typesof vehicles to get the total maximum pricefor the operating period.

(g) Adjustments for tires other thar 100-lcrel-(l) Calculation of max-Imum prcea..This paragraph applies to the supplying oftire mileage with tires which are not of thesize and plies set forth In Tables I and 31.are not of cotton fabric construction, or arenot of one of the brands listed In paragraph(b) of § 1315.110 or § 1315.111 of Revised PriceSchedule Io. 63. In calculating maximumprices for the supplying of tire mileage withsuch non-100-level tires, the procedure inparagraph (e) or (f) shall be followed ex-cept that an adjustment shall be made to

,-,the applicable rate set forth in Table I or H.The average tire life experience, which de-termines the applicable column of rates inthe table, shall be determined from actualmllcage of the non-10-level tires beingused..The rate which Is to be selected from theapplicable column and which is to-be ad-justed for calculating maximum prices fornon-10-level tires is the rate set forth in thetable for the 100-level tire of the same sellerwhich is most comparable to the non-10 -level tire being used. In this connection, the100-level tire means the cotton fabric tireof the brand listed for the seller in paragraph(b) of § 2315110 or § 1315.111 of RevisedPrice Schedule No. 63. The adjustment ofthe rate cat forth in Table I or Hr shall bemade as follows:

(1) Determine on a comparable basis themaximum price of the non-lCD-level tirebeing us-ed on the account and the maximumprice of the most comparable 100-level tireof the ae teller, the rate for which is tobe adjusted. The maximum prices dater-mined for each tire may be at the retail levelor at any other level of the trade so long asthey are on the came level for both items.On any 100-level or non-ICO-1evel tire wherethere Is no maximum price which can bedetermined for this purpose, the seller shaldetermine a price for this purpoze under sub-paragraph (2).

(11) Exprc3 the price of the non-lOD-leveltire as a percentage of tha price of the 100-level tire.

(iiI) Apply the percentage in (11) to theapplicable rate to arrive at the adjusted rate.

(2) Determining tire price to be d forcomparson wheri there is no maximum price.Where there is no maximum price, establishedat any level on a tire with respect to whicha price must be determined under (I) (t).the price to be used shall be a price author-lzed in writing by the C2ce of Price Admfi-tratton. The seller shall propose in writingto the 01ffce of Price Administration, Wash-Ington. D. C. a price for the particular tirewhich is in line with maximum prices alreadyestablished for comparable tires. The slershal submit with his proposed price suffi-clent Information as to costs, prices, and con-atruction of the tire Involved and of com-parable tires to show that the price is in linewith maximum prices for comparable tires.

8857


TABLE I-VEBIOLES USING "TR'UOK AND BUS" TIRES

.ates per tire mile to be used In calculating marmum prices for tire mileage. By classes of average tiro life exper'ence)

Tires 2"000 27,50 0,000 52,00 3,000 3750 40.000- 299 to mles to miles to mles to mle to mies to miles td

miles and S2.,499 9,999 32,459 34,509 37,4§ 39,09 42,459ls/e J Ply u.der miles miles miles mils miles miles m lcs

6.00x16 ............6:00 x 17 .......................... -.0.00 x 20 .......................................6 00 x 20 (30- )--------- -----------------------6.60 x 16 .................. ..........................0.50 x 17 ........................................0.00 120 .. . . .. . . . .. .. . ... . .. .. . .. . . .0.50 X20(321) ..................................

65" 0(2 )---------------------------------------------7.x10 ... . .. . . . . .. . . . .. . . . . .. .. .. . .7.00 x 10 .....................................................7.00 x 17 ------------------------------------------ ------7.00 x 17 .....................................................7.00 .18 --------------------------------------- ----7.00x 20 ......................................................7.00 x 20 (32 X 6) ......... . ..---------------------------------7 00 x 20 (32 x 61 .........................................7.00 x 24 (36 0 -6) . . . . . . . . . . ..----------------------------------70 x 15 ------------ .............-------------------- ---.7.8016 --------------------------------------- -------7.w0 x n5 ------------ .- .. .. .. . . .... . .. . .. ..7M6 x IC ....................... ...... ....7.0 10 ------------------------------------------------------.7.0 x 17 --------------------------------------------------7.Wxis------------------------------------------------7.S0"x 18...............................................7.0 x 18 (32x 7) ...............................................7.0 x 20 ..............................-.......................7.60 x 20 (34 x7) ..................................7.Ax 20 (34 x7) ..................................7.50x24 .......................................................7.50 x 24 (38 x 7) ...............................................8.25x 15 .......................................................8.25 x 15 ------------------- .............---------------------8.25 x 18 .......................................................8.2 x 20 .......................................................8.25 x 20 .......................................................8.25 x 22 ------------------------------------------- - ----- --.8.26 x 24 ......................................................0.00 x 15 ------------------------..-------------.-.- .----- ......9.00 x 15. .......................................................9.00 x 18 -------------------------------- - -------------00 X 20 -------------------------------------------------------0.00 x 20 (30 x 8) -----------------------------------------------9.00 x 22 -------------------------------------------------------0.001 24 ------------- o6 ..................................0.00112840x8-o ------------------------------------o.001x240 8...........................................

10.00 x 15 ......................................................10.00 x 15 ---------------------------------------- , -----------10.00 x 15 ------------------------------------------------------.90.00 x 18 )......................................10.50/11.00 x 18.6 4 ------- -------------------------10.00 X 20 ---------------------------------------------------10.00 x 20 ( 8 x 9) ----------------------------------10.00 x 22 . ...................... ................10.00 x 24 .....................................................11.00 x 10 -----------------------------------------------------11.00 x 20 ...........-----.................................1.00 x 20 -----------------------------------------.--------11.00 x 2 ............ -.......................................11.0072 - ----- --- ---10-- ---- -- -- -- --12.00 x180-- ..-....-----------------11.001x2n2------------------------------ . .11.0 2412.00 118.............................. ................

42x0

$0.0607493.0008324.0008507.0009804. 0000803A01,9298.0010187.0012436.0008818.0009860.0010356.0011604.0012404.0012498.0012773.0016550.0019164.0019053.001220.0013350.0019116.0013293.0014422.0014791.0016836.0021716.0017391

:22,1G

.0010453

.0024840

.0024116

.0027347

.0023316

.0023978

.0027133

.0025640

.0027102

.020027

.0029902

.0027,%6

.0028471.0032702.0029858.0031089

035044.0032613.0033489.0035289.0034427.0030858.0035762.0041600.0037182.003R244.0040582.0041693.0049260.0044187.0040159.004716

:0054S36.0062560.0057173.005,973.0067333.007U4.0082720.0083782.0089631.0010187.0045156

50.607440007492

:0007600.0008824

0007624:0008368.0009168.0011192.0007936

0006602.0009320.0010444.0011161.0011246.0011496

0014904.0017248.0017148.0011276.0012204

0017104.00f196.001230.0013312.0015152.0019544.0015652.0020028.0022648.0017508.002236.0021704..0024612.0020984.0021660.0024420.0023076.0024392.0023424.0026912.0024836.0025624.0029432.0026672.002780.0031640.00232.0030140.0031760.0030984.0033172.0031844.0037620.00334G4.0034420.00365240007524

.0044352

.00397680041552

.0043144

.0049352.0056304.0051466.0053076-.0060600.0066008.0074448-007.%04.00800M.00091r>.004W0

40. 0006131•0005611•0007091.0008022.0007113.0007;07.0006335.0010175.0007215.0006064:000847310009t95

00101490010225

.0010451.001319.001600.0015W68.00102510011095

.001640S001060.00110.0012102.0013775.0017767.0014229.0018207.0020M9.0015916.0020324.0019731.0022376.0019076.0010618.0022200.0020078.0022175.0021295.0024465

0022578.0023295.002076.0024429.0025436.0028673.0026684.0027400.0028873.0028167.0030156.0028949.0034200.0030422.0031291.0033204.0034113.0040320.0036153.0037775.0039222.0044S65.0051185.0046778S0048251

.0051091

.0061825

.0067660

.006 864

.0073336008335

.003045

$0,0005620'.0006243.0006500.000733.0006520.0006973.0007640.0009327.0006613.0007410.0007767.0006703.0000303.0009373

00096S0.0012420.0014373.00142W1.0009397.0010170.0014337.0000973.0010317.0011003.0012627.0010287.0013043.001000.008973.0014500.0018630.0015087.0020510.0017497;0017983-:002030.0019230.0020327.0019520S0022427

.0020G97

.0021353

.0024527

.0022393.0023317.0026283.002440.0025117.00264G7.0025820:0027643.0026537.0031350.0027887.0028&z3.0030437.0031270.003500.0033140.0034627.0035953.0041127.0046920.0042850.0044220

0oo0600.oo0573.0062040.0062837.0067223.0007640.003867

o.000513.0005763S000000.000786.0006018.00637.0007052. 0006500.0006105COOGS40~

.0007169

.00060M

.0006663.0006562.000O652

.0011465.001326

013191.C000%74.0009398.0013234.0009706.00085.0010240.0011655.0015034.0012040.0015406.0017422.(,013468.0017197. 001595.016932

.0016142

.001600

.0018785

.0017751.0018763.0016018.0020702.0019105.0019711.0022640.0020671.0021523.0024262.00225678.0023185.0024431

0023934.0025517.0024485:0026938S0025742

.002477

.0028095

.00288

.0034117

.003059

.00319863

.0033188

.0037003

.0043311

.0039582

.004028

.0040G16

.0052314

.005725

.0058003

.0062052

.0007052

.0031262

$0. 0004817.0006351.000571. 000003.0003369

,0005977.0005549

0007994.0003559.000351.0006657.0507400

, 00070740006034.0063211.001O6460012320

.0012249

.000054

.00067170012289

.000,549

.0009271

.0009300

.0010823

.00139o.00111,o.:0014400.0010177.0012390

.0015003

.001750

.001490

.0015414

.0017443

.00164830017423.0016731.0010223.0017740.0018303.0021023.0019194.0010986.002529.00206.0021629.0022W6.0022131.00230.0022740.0026871.0023503.0024366.00256 9•00263.003180.00284060

.0030817

.0035251

.0040217

.0030754

.0037911

.0043286:0048577.0053177.00,3 60.0057G20.0000629.002609

$0. 000440.0004905.0005200

S0003579.0006112.0007401.0005291"000,1028

.000963.00443

00074590007004

.0009,9300011499

.00114320007037

.C00i 31

.0011400007079

.0006w3.00075.0010101.0013029.0010435.0013352.001 0 9.001172.0014904.0014469.0010408.0013959.00142S7.0016280.001M34.0016261.0018016.0017041.0010t57.00170R3.00106210017915,0015063.0021027.001956.0020093.0021173.0020056.0022115.0021229.00280.0029200.0022047.0021349.002 10.0029.00206512.0027701.0028763.0032001.003753.0034304.0035384,0040400.0043330.0049632.0050269.0053779.0006112.0027000

0. 0004215,000403.0004875* 000515.00000.000230.0005730.0005095.0004500

S " 000333,8005825

.000023• O:0O5979•0007500.0007186.0009315.0010780.00107190007046,000763.00107830)07490000,4113

.00083200 009170.0012215.0009763.0012518.0014165.0010943.001973.0013505.00163.0013115.00134SS.0012 3.0014423.0015245.0014640.001C20.0015523.0010015.0018395.0016705.00174S8.0019713.0018346.001661

0019305.0020733.001003.0023513.0020916.0021513.0023423

.0027720

.0024806006970

.00265 5

.0030345

.0035190

.0032160

.0033173

.0037873.012505S0010NO.0071M.000418.0005730.002&100

Tires 42,0 45,000 47,50 10,000 62,500 63 000 67,50*- miles to miles to miles to miles to miles to mles to miles to meIs an

44,999 47 499 49,9 52,499 C4,oo9 57,499 &9,009size y miles roues miles miles miles mls miles over

6.00x 16 .......6.00 x 17 ......6.00 x20 .....6.00 x 20 (30 I0.50 x 10 .....6.50 x 17 .......6.50 x 20 .....6.50 x 20 (32 x18".......16".7.00 x 16 .....7.00 x 17 ......7.00 x 17 ......7.00 x 18 ......7.00 x 20 .....7.00 x 20 (32 x (7.00 x 20 (32 X 7.00 X 24 (36 x (7.0 x 15 ...7.50 x 16 .......7.60 x 15......7.60 x 16 .......7.0 A 1

$0. OO3967.0004407.00048.00051910004602.0004922.0005393.0006584.0004 6.0005231. 005482.0006144.0006567.0006616.0006762.0008767.010146.0010087.0006633.0007179.0010120.0007040.0007615

10. 0003747.0004162.0004333.000402.0004347.0004649.0005093S0006218

.000440T

.0004940

.0005178

.00058020C006202.0006249.0006367.0008280.0009682.0009327.0000264.0006700.0009558.0005849.0007211

$0.0003549.0003943.0004105.0004644.0004118.0004M04.0004825.0005801.0004177

0M60.0004505.0005497S0005876.0005920.000051.0007844.0009078.00002.0005935.006423.0G9055.0006209.00032

$0, 0003372.0003746.0003000.0004412.0003912.0004184.0004684.0005506.0003063

CM04446

.0005222

.0005582

.0005624

.0005748

.0007452

.0000624

.M574.0005638•0006102.000600.000584.006400

0. 003211.0003658.0003714.0004202. 0372G.0003085.00043C6.0005330.0003779.0004234.0004438.000497300053160005350

.0005474

.0007097

.00213

.000816

.0005370

.000811

.0008192

.0006181

.0005GD9

10.0003065.0003405.000346.0004011.000356.000304.0004167.000t(187.000307.0004042.000423G.0004747.5005075.C005113:005225.0006775.0007840.0007706.0005125.05547.0007820.000 I.0003440

$0. 0002032S0003257

.0003391

.0003837.0003402

.0003085

.00048C0.0003460

.000362.0011052

.0004541.004854.0004830.0004098.0006A80.0007450,0007456.0004003. 0005300

07480.0,1C43

,0003203

*0.00210W0003122,0003250

.0001C77,000320

.0003467

.0003207

.0003701

000a1q3• 0004732

ACI47

00(717.C1,0145

.0001186

.0007163

8858


TABLE I-VEJUCLES USING "TR1UCK AN~D BUS1" TIRE-On11Um

7.10xl -- - - ------ 8 10.050731 k14021 0.10703 M4I .000100cn mczp VINCI=12 m10.,0401 f1.0(45713 10.000337.M x I&..----------------.---- ..-.-.-----.-.---- 8 c,%K$Jl3 OF30118 .0CC.)7075 .0f7z7G X.097215 .00057 .0f0zlis .0115317.5D0x18 (32. 1)- ------ ---- --- -- 0 A-7114"3 .031 -3 .001113 .01277 . N013 ODCQ3l .WC(31 .0043

~~ 10 .0 011 .23127 OMNI,51 .0101 NO=353 .0009194 .00373 .(47.5D0x20 (341 x )----------------- 12 .(-)I3= A-312:32 .01=1 .O011321 .0412075 .012rc.0937 0 w937.2 ---- -------------- ----- 8 .0310Z-3 .C0.5ym .0005215 .00032751 .0001337 .0007913 ~.*0G&712 .00257.5D0x24 (3 - -------- x-- ------ 10 .0123151, 4.01M .0011703 .(4011173 .0010040 A01010 .000372 .0131582 x 1 .... 0 .0012707T .00r-1:3 .011423 .AM=55 .401 M31 .qXL,53 C009%W .C09i=8.251l. -- 1--------- ---- 2 .0014478 .0.1W .01=4 M .00CO1 .00117W0 01157 .010701 Colo=23S. 5 18..,........... 10 ---. 0---- -- -- ---- ---- -123H4 .3311M2 W011044 .003312 .00r315 .00=903 .T19123 M0037438.25 x2 0.... -1 - - ------ -- 10 .09 .01123 .0011353 .0.21020 CQIM027 a 0N0OK52 .003563= .Z522

12xD-- 2 .014=2 . E- I Ir7 .0013.3 .001210 .0011M2 4611M0 Cqr01C517 .4010=758.25 2 .......---......... 10 .00574 AM121 .0012145 &.00105 4039 .001049 .r005 .Occsm8.251x 24 -- ..--------- -. ............... 10 .01443 *001313 .9312315 .01210 .011015 .0011CST .00105 .C01638.001x 1 5 1 --- -- --------- ------ 0 OMMO77 .0021.^13 .012=2 C9011712 .X0111%1 .013047 .0010134 M.0079.001 x5 ----------- ------------ 12 .0312231, .001421, .001431 .003341 O001315 .00113 U.01 COL=218.OD x IS 1 ---- ------- ---....... 0 .014019 .02=3 .001M21M 001MUS .00152 .0O1M3 C00rjr.3 .0010549.0 D-- 0 0-------x-------- 20-- ------ 10 in117 .0314=50 .0g5 .0012312 .001=31 .0011r,47 .00M14 .00CC=9.00 x20 (36 x ) ----- ------- ...... . ........... 12 .017313 .0010391 , C2IS91 C-l14l1G .O3141 .A013373 .012=47 .001o=1OR 2 -- 0------------- - --------- 10 .0015507q .0314523 0134143 .0013M1 .CO1I2703 46=225 A0011M5 .4011,1979.001x 24 1--------------------------- 0 MG0119 .1-3144 .0014=93 .00351119 .03321 .1271S .00121C5 .00110139.00 x24 (40 x-) - -------------..-.------- 12 .00SM5 *00I7"11n .001020 .00157 01019 .00143V*; .051373 0011210.00 1 ------------------ 5-------- 10 .0917--g .0030107 .001141 :031M27 A01=17 .0131M .CD2WV .0012210MOD xz 115. .. .-1 ----- --------------- 2 AM=771 .010744 WI01';23 X6099#0 X-3143=2 .0130 .00310 .OCO00 C12Z33MOD00 x 15 -------- ---------------- 4 MF .0 17C442 .00 1014~ 10 .Wt f -A .0015121 C-01443Z; .*)1r-c2 Con=2110.00 xIs ------- ---- -------------- 12 .005220 .0017213 .001027 .0011492 .0014714 .0314M3 .c0147 .21010.x0s-- /1------------------------ 10 A-310513 0315129 .02174:9 W001C55 .001O570 .011179 .014423 CO013S=10.001 -------------- 5. . ........- 1 l M012 A0101 .01070 .0021122 .00150 L4014475 CG=334 .001320MOD0x 20 (38 x) 14---------- -------------- .002211 Alc.2130 .01110 N.31J .0017014 .0a171e .0o103= M00Z67a

10.00x122 ---- ------- ......... ..... 12 .0010M5 A-321K91 .0017013 .0MU73 40011,-M .016211 .001=30 E003=4MOD0x 24 -- --- --- ----. . -........ ........ 12 Or,-0147 .0139122 X0-23116 .0017210 .001(31 .001124 .41=5 .014U4211.0 x 1. ..... . 14 .002145 .0010(31, .0210=33 .00192EM .0012 WICCO-A .001152 A001521311.00 20...........-------- .-- ...----- 12 . C,0210,73 Jr001#7 .001VIO O0015762 V0078W .W17306 .001031 .O511.00 x 2D ---- ------ --------- . ...... 14 Q0r10^M, .19 .043 X=0270 .002112 .00:0100 01233 .04134511012............ . . 1 x0222 99--------------------- -------- 2 Ma :--3 .0210231 COIS-=5 40137 01,H70 .6-1=20) .00"571100 x2 - .-- ..--------------- ----- ------ -.------ 12 .MW44 .002113 .0M2155 .001270 .001W87 .0013537 .001SCO .0O17313MOD x 1 -L - ------ ----- .-- . ... ----- ----- 14 .Or-,re3 Aco=:z3 V-r"OT .00.14172 W=10~ .0012a11 .001571 .0170t7MOD0020--;--------------.----.-- ... ------- .1 .09011231 .M2415 01r;12= W021576 W=Ot10 .=,12433 M02457 .0001512.00 120-... . ..... . 10 Or0331o0 M030 .- 7514 X00315 Om43231 .00R13 704W5 .C234W1MO00x22-......... .1 0170 015-7 .075 .0g,72 CV-237 C.;,3 Crj=237 .4021446

12.O~~x2L............ ---- --- 14 . W09312 .0012137 W63703 -- 33 0227 0215 .0207 .02MOD0x 24-- ---- ........ .... 1 .0514 .0..11 .0332 ....... 1OGc0 .093:1.,7 .06M27045x-r .002c- 3US OMU .002r711

-1------------.---.. -. - ------------- 10 .0304 5 .041277 .002373 A0014 .00215 . 913 .00201C2 .0213213.00 124.....,.....-.......10-------------------- l .0043 .00S1312 .MO21M .002321 .003045 .00331 OM=21 .0w3loz14.0x 0 ...........------ -----. ........ ~..... 10 .004315 .0041521 MK3510 W=370 001 .0=325 .=M373 .003M41314.x 2 .--.-..------------------. 16 M047052 X-~214310 0.420T7 WMU33 .0=3413 OMCX003 .003103 .3znl1p

33x -- ..--..-----------.. ----.-------------- 8 .015:013 .0021023 .00=53 .00415 .00orm1 .00mr10 .00c3::6 C00MM42g - --------- -----.----- - - ....... 14 O=4322 .05173 .02133 .0211 .001=32 .001343 40176M0 .o1f0532

TABLE IE-VERIOLES USING "PASSENGEII.OARl" ORl "MO1TORCYOLE" TIDES

t~ates per tire mile to be used In enlcubstlngmailmum pclrc for rOim~aNilo ys fovrolreIiexclnl

______TIM _ 12,499 mils0les :DAD0O,31s170CUll 200~ 2Iz J190ntiz 25.CC0?,,rjl 27.l~mf~z

sh e P y and under 14:2.03s1 ,4 3 mE C m00 2 ~ z 0 4 9 3 1 A .Ol m 9:3 27,4" m llls 29AZ1 -mP zs = d 1o

4-% x 1242O2011 .................CD x 15 ..................

1OD x 15 ......--.........00x 15 ..................

8OD x 215 ... ...........

5,00x 16................6.05 x 16 .................

"6.0x 16 .................

7.0 x 16 .................7.5D x 16 ...................8.25 X16 . ................5.2550 x 17 ..................6.00 z 17 ...................

7.00 x 17 ...................7.5D x 17 . ................&.2515. x 118 .............6.00 x 18_ .................6.O1 18x ...............7.00 x 1S ...................7.,50 13.........4.755.00 x 19 .............7.50 x 19 . ................5.2512 0...................6.00 x20 .....................6.50 z 20 ...................7.OxD0 .2- --.............- .6.00D2L ..... ...........

0.0009550"

.0011300

.C018110

.02120.0028950

.0011100.0013500.0015310.0018,550.0020.,70.0020.0030470.0015990

.0016140.0016550.0021950.0,329470.0012,S0.0317380.OD2129D.0,0

.0031230

.0011610

.00236Z0

.0021900

.0014920.0017280.ODIBXOo

.0020=0

.00103M0

10.00744

.00L1379

0014483

.0012053

.010373

.0.2312

.0015510

.0031050

.0017 4

.0301370

.0014S14

.0010450

.011192.00I12.01=240.0317M1

.03109

.030534

.01702

.031M10

.002425

.0311930

.0010a4

.04)1020a

.001c4s0

.0210730

.00I8107

.0)13413

.00%450A0025C-0

.001.107{

.031133.012323

-.0323713

:.=137

.0011003

.0014533.0010247

:003403.003115574,3142103

.002547

.001=33

.001M10

.0%21427t

.011457

.0.M01714.N743

.001170014M5

:0017411.

.00312M

.0045

001790

E0410r1257

.09001374E9 I M0

M0.0031.0004210

.002jl:3

.0015

.0005455

.0351M

.00i013

.0011415

.00M15

.0O10

.004033

.001=243

.001141

.0011925i

.0742

01271

.0342

.0012M7

.000000

.ccc.OC0142

.0003213.000314

573.001151

.0002

.00147

XD9.0010413

.00c:=3

.000500

X000724

.00-03243

.0011134m

-.V0371

013219,3.0003515.00(2452.0022220.00(372.01173A.004

0(190.W03416.00(91324001242,.000194.00(544.0M-9:M0.00(213.000131.0=41424.001034.0007743

.010313

.0007315

.0(5171

.cer2ol3

- .00740.00394334001=61.C00105.000150Iq9

.00017421

.000330

.0011320s

M MCI=21.005250.0003. 75.000(057T.0(5945.0005707.00090.1.0003700.0(0430.0ca510.00051247.CCC0517740000556.0COM5T~0010M37.0004103.000133.05017.0031317.000132.0004100.0(0379.Q0030.0007510k.0411041.00037

0075743.0007.0=5473.00CO57CO.0000r1574.0003720.0000410

8859

FEDERAL REGISTER, Tuesday, June 29,,1943

TABLE II-VEHICLES USING "PASSENGER-CAR" OR "MOTORCYCLE" TIRES-Continuee

"____ ires _ 12,499 miles 12,500 miles 15,000miles 17,WO0mlles 20,000 miles 22,5M0miles 25,000miles 27,6i0omils 3,000miles- and under to to to to to to to

sie ly d 14,99 miles 17,409 miles 19,999 miles 22,499 miles 24,999 miles 27,499 miles 29,999 miles

7.00 x'21 ---------------------- 6 $0.0024880 j0.0010904 $0.0016,M7 $0.0014217 $0.0012440 $0.0011058 0. 0009952 0. 000047 t0. 0N2934.00 18 ---------------------- 4 .0008350 .000M .0005567 .0004771 .0004175 .0003711 .0003340 .000103 .00027834.60x 1 ---------------------- 4 .ooD9000 .0007200 .0009o00 .0005143 .000400 .0004000 .000-3W .0003273 .0003004.50 x 21 --------------------- 4 .0009770 .0007816 .006513 .0005583 .0004-85 .0004312 .0003908 .0003503 .000325790 X 3j ---------------------- 4 0000320 .000656M .0005547 .00047tA .0004150 .0003598 .0003328 .0003025 .0027736.006.60 X 18 ......... 4 .0017510 .0014008 .0011673 .0010006 .0008755 .0007782 .0007004 .00=06,7 00378.25x10 . .------------------ 4 .0025300 .0020240 .016S67 .0014457 .0012650 .0011244 .0010120 .00 9200 .005133

Effective dateThis regulation shall become effec-

tive July 2, 1943.NoTE: All reporting and record-keeping re-

quirements of this regulation have been ap-proved by the Bureau of the Budget in ac-cordance with the Federal Reports Act of1942.


, Administrator.

[F. R. Doe. 43-10326; Filed, June 26, 1943;2:36 p. In.]

PART 1315-RUBBER AND PRODUCTS -ANDMATERIALS OF WHICH RUBBER IS A COM-PONENT

[IRPS 63,' Amdt. 121

RETAIL PRICES FOR NEW RUBBER TIRES AND-TUBES

A statement of the considerations in-volved In the issuance of this amend-"ment, Issued simultaneously herewith,has been filed with the .Division of -theFederal Register. - - - -- -.....

Section 1315.I01a is amended to readas follows:

§ 13X5.101a Transactions not coveredby this schedule-(a) Leasing or rent-ing. The maximum price for any sup-plying of tire mileage shall be determinedaccording to Maximum Price RegulationNo. 414, Tire Mileage, as now or hereafteramendea. The maximum price for anyother leasing or renting of new rubbertires or tubes shall be determined ac-cording to Maximum Price RegulationNo. 165, as Amended, Services, as nowor hereafter amended.

(b) Termination sales under tire mile-age contracts. The maximum price forany termination sale or transfer of newrubber tires or tubes under-a tire mile-.age contract shall be determined accord-ing to Maximum Price Regulation No.414, Tire Mileage, as now or hereafteramended.

This amendment shall become effec-tive July 2, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 P.R. 7871)


Administrator.[F. R. Doc. 43-10317; Piled, June 26, 1943;

2:38 p. m.]

*Copies may be obtained from theOfllceof Price Administration.

2 8 P.R. 2110, 2663, 4332, 5746, 7597.

PART 1315-RUBBER AND PRODUCTS ANDMATERIALS OF WHICH RUBBER IS A COM-PONENT

[RPS 66, as Amended,' Arndt. 3]

RETREADED AND RECAPPED RUBBER TIRES ANDTHE RETREADING AND RECAPPING OF RUB-BER TIRES


Section .1315.1202 Is amended to readas follows:

§ 1315.1202 Transactions not covered,by this schedule-(a) Leasing or rent-ing. The maximum price for any sup-plying of tire mileage shall be deter-mined according to Maximum Price Reg-ulation No. 414-Tire Mileage, as nowor hereafter amended. The maximumprice for any other leasing or renting ofretreaded or recapped tires shall be de-termined according to Maximum Price.Regulation No. 165, as Amended-Serv-ices, as now or hereafter amended.

(b) Trmination sales under tire mile-age contracts. The maximum price forany termination sale or transfer of re-treaded or recapped- tires under a tiremileage contract shall be determinedaccording to Maximum Price RegulationNo. 414-Tire Mileage, as now or here-after amended.

This amendment shall become effec-tive July 2, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 F.R. 7871, E.O. 9328, 8 F.R. 4681)


Administrator.[F. R. Doc. 43-10333; Flied, June 26, 1943;

2:38 p. m7.l

PART 1338--SILK AND SILK PRODUCTS

ICorrection to Amdt. 2 to MPR 2742]

WOMEN'S SILK HOSIERY

In the table in'§ 1338.102 (b) (TableNo. 2), the figure "4.20" for item 8 (e),being the price.for thirds of silk combi-nation hosiery, 51 gauge and higher, iscorrected to read: "5.20."

This correction is effective as of June23, 1943.

17 P.R. 8803, 8948; 8 F.R. 3174, 7381.S 7 P.R. 9951, 10378, 10791; 8 P.R. 8512.

(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 P.R. 7871; E.O. 9328, 8 P.R. 4681)


Administrator.

[F. R. Doe. 43-10323; Filed, Juno 20, 1043;2:42 p. a.]

PART 1382-HARDWOOD LUmBER

[Rev. MPR 97,1 Amdt. 5]

SOUTHERN HARDWOOD LUMBER

A statement of the considerations in-volved In the Issuance of this amend-ment, issued simultaneously herewith,has been filed with the Division of theFederal Register.*

Revised Maximum Price RegulationNo. 97 is amended in the following re-spects:

1. In § 1382.101 (a) the last sentence Isamended to read as follows:

The maximum fLo. b. mill prices are setforth in Appendices A and B,

2. Section 1382,102 (b) Is amended toread as follows:

(b) What products are covered. (1)This regulation covers all Southern hard-wood lumber, whether the grades, sizesand specifications are specifically namedin the price tables In Appendices A andB or not. All grade terms have themeaning given In the "Rules for theIeasurement and Inspection of Hard-wood Lumber," Issued by the NationalHardwood Lumber Association, effectiveJanuary 1, 1943.

(2) This regulation covers all lumberproduced from the following botanicalspecies, and processed into lumber atmills located In the Southern hardwoodregion: sap sweet gum and red sweet gum(Liquidambar styraciflua), tupelo (Nyssaaquatica), black gum (Nyssa sylvatica),tough ash (Fraxinus americana), yellowpoplar (Liriodendron tulipifera), beech(Fagus americana), sycamore (Platanusoccidentalls), soft maple (Acer rubrum) ;and the botanical species included In thegenera of red oak and white oak (Quer-cus), magnolia (Magnolia), elm (Ulmus)4cottonwood (Populus), willow (SalIx),hackberry (Celtis), hickory (Hicoria),basswood (Tilia), ash (Fraxlnus), andall other hardwood species.

' 8 P.R. 142, 3530, 5177, 5479.

8860


(3) The Southern hardwood area isdescribed by exact boundary lines inAppendix C.

(4) Some of the things which this reg-ulation does not cover are: glued stock,moulding, risers, step treads, thresholds,hand rails, bevel and drop siding, floor-ing, switch, cross and mine ties, minematerial, navy oak ship stock (see faxi-mum Price Regulation 281), small di-mension stock, and lath.

3. In § 1382.106 (a), the first sentenceis amended to read as follows:

Southern hardwood lumber, sold onspecial grades or specifications or withspecial services or other extras not spe-cificafly mentioned in Appendices A andB, is nevertheless subject to this regu-lation.

4. In § 1382.112 (b) (2), (3), (5), (6),(7), (8), (9), (10), (11), (12), (13), (15),(16), (17), (25), (26), (27), (28) and(29), the prices of No. 2 Common andNo. 3 Common are amended; and In§ 1382.112 (b) (23) and (24), the pricesof No. 2A Common, No. 2B Common andNo. 3 Common, are amended, all to readas set forth below:

(2) ASH (OTHER THAN TOUGH ASH)

Thickness (Inch) No.2 No.3Common Common

I .--------------- ----- I - I $171N ----------- ....- ....----------- - 29 18

234-------------------------- 13.- -------- --1 .........

(3) BASSWOOD

L --------------------------- f$1(5) COTTONWOOD

---- -------------. .----------------------------- 2 -........-------------------------------- 27.......---------------------------- 31 7

14 ----------------------- -.----- 33 181312------------------- 33 is2-------------------------1 3 191.3"andwider)-............................

(6) SOFT ELM

Y ---.-.- .------ ...--- ........--.. .$19 .V8 ------------------------------ 22 .31 -------------------------------- 24.

1N3-...-.-------------------------- 29 1s134----------------------- ------- so 13

2 - --- -- --- -- --- -- --- -- --- s 19.3....... ....................... 31 ... "

(7) BLACK GUM-QUARTERED

1 ..... ............................- "K $1714 ... -------------------------- 31 I sIY2 ...........-------------------- 31 192--------------------------- ----- 33 1924 ............................--.3 -- ... ..... ... .... .... ... ....-- '---

(8) BLACK GUM-PLAIN

ThknCr'3 (Inch) No.n 2Nq. 8ComnCommon

(1) SAP GUM--QUARTERED...... ....................1 ........ .. ........ 21 =..

----- 135 1

..................... . . ._-

n. 13co 19

(16 PE GUM-IPLAIN

2 ....................... .. A $17

(1) SP GUM-QUARTERER D

I - -- --- ---- -- -- -- - -$. 1. $17

11 ........ 3...................I... 3 13

S .......

() SED GUM-PLAIN

---- ------- - 29 132 . ... .. ......... ... Z 19

1 (13" AP GUM-QUARTERED-

13113 31n 13er

Iil ~~2 -------------- 1 i.. . .......

236 ~ ~ ~ ~ ~ 2 ..... . .........

(M SAP GMPLAN

2 117

(17) SOFT MAPLE-WHND

Thlcixon (Inrh) No.2 N o. 3Common jCommon

23:

2 1

32~ 1319 i

35_ _

(4-) Y-EuOW POPLAP-QUARTERED

No.2. [o.2B No.3Tbfckxc:3 (irch) Cor- Comn- ICom-

m=n mon DM

$13, $29 $17

... .... 131 10 1341 23 19

(2) -ELLOW POPLAR-PLAIN

o2 19

11 5 29 $7

I3 10 13V9 lz 13

.41 3 19

(2q) SYCAMORE--QUARTERED

'Va..2 INo. 3Tb~fckrc (Ich) ICC=- Icomn-

mon mnn

VA $10'__15 $1T

131 13 1335 13

(Z2) SYCAMORE-PLAIN

'2A

1:4 SIT2 1 - ------- - 25 13

23 1323 19

(2n) TUPELO--QUARTERED

"o_31 13- 3 13133 1

3. . 41_ _ _

(2)TUPELO-PLAIN

211------- -- -- 23 $17

11 zo1 13zo 1333 19

(Z) WILLOW'

8S61

3.

8862 FEDERAL REGISTER, Tuesday, June 29, 1943

5. Section 1382.112 (b) (32) is amended " No : For construction boards machinedto dressed widths as set out in NELA Rulesto read as follows: for the measurement and Inspection of Hard-

(32) CONSTRUCTION BOARDS wood Lumber issued January 1, 1943, $1.00per 8 ' BM may be added in addition to the

No. 1 Construction boards R h appropriate allowance for machining as es-tablished in this regulation. This addition,random widths) -----------------.. $34,00 however, may be made only when the pur-

No. 2 Construction boards (Rough, chaser specifies, and the seler furnisheagrandom widths) ------------------- 28.00 stock meeting this requirement.

No. 3 Construction boards (Rough, 6. Section 1382.112 (b) (35) and (36).random widths) ------------------ 17.00 are added to read as follows:

(35) WHITE OAK OR RED OAK-STRUOTURAL STOCK OR SOUND SQUARE EDGE

Lengths (fest)Size (inches)

10 to 16 18 20, 22 24 26 28

2x6 ----------------------------------- $43 $40 $50 $54 $59 $65 $732x8 -------------------................... 43 46 30 64 69 65 732x 10---------------------------------- 45 48 62 56 61 67 7M2x 12 ....---------------------------- 49 52 56 60 65 71 792x14.. ------------------------------- 3 56 60 64 69 75 &32x 16.-...----------------------------- 53 61 65 69 74 80 83ax -..----------....... 43 46 50 54 59 65 733 x 8------------------------------- 43 46 10 54 59 65 733 xl - -..------------------------..... 45 48 52 E6 61 67 753x 12 .......------------------------ -- 49 52 56 6 6.5 71 703 x 14---...------ ...------ ......------- 53 56 60 64 69 75 833 x 10 -.------- ........ --------------- - 58 61 65 69 74. 5 834x 6....------------.-------------- 43 46 t0 54 69 65 734x8 ------------.-------------------- 43 46 50 54 L9 65 734x 10 ---------------------------------- 45 48 52 56 61 7 754x12 ..........----------------------- 49 52 56 60 65 71 794 x I4_____ -..... . ------------........ 63 6 60 64 69 75 834x 16----------------------- ---------- 53 61 63 69 74 5 S366 -----------------------.. --------... 43 46 50 54 59 65 736Ox ----------------------------------- 45 48 52 56 61 67 756 xl -0 -..--------..-------------.... 47 50 54 53 63 69 776 x 12 ....----------------------------- .49 52 56 60 65 71 796 x 14 ---------------------------------- 53 66 60 64 69 75 836 x 16 ---------------------------------- 58 61 65 69 74 80 8s8 - -. -.-------------------------... 45 48 52 56 61 67 75

8 X 47 50 54 53 63 59 778xi2 49 52 56 60 C5 71 798x 14 - .-.-.-.--.-.---- ----- 3 56 60 64 69 75 838 x 16 . .....................- 58 61 65 69 74 50 83lox A0 -- -- -.. - ................ 47 5 54 FI 63 69 7710 x 12 -------- - ...........---------- 49 52 16 0 65 71 7919x 14 ------------------------ ' 53 16 60 FA 69 75 83lox 16- ------------------------ 58 61 65 69 74 So .10 x 18 ....... --------------------------- 63 66 70 74 79 85 * M12x 12 ----------------- t0 53 57 01 66 72 so12X 14 ---------------------------. 55 58 62 66 71 77 8532x 16 ------.------------------------ 60 63 67 71 76 82 g0i2x18 .....----------- -------- 66 69_ 73 77 82 83 VG12 x 20 ---------- ..------------------- 72 75 79 83. 5 94 10214 x 14 ..------------------------------ 56 59 63 67 72 78 8

,14x16 --------------------------------- 62 65 69 73 78 84 9214 x 18 ---------------------------------- 68 71 75 79 84 r0 9314 x 20 --------------------------------- 75 78 82 86 91 97 10114 x 22 ...... ---------------------------- 3 86 50 94 9 105 11314 x 24 ......---------------------------- 92 95 99 103 106 114 12214 X 26 .......--------------------- ------ 102 105 109 113 118 124 13214x2--- -------------------------- 113 116 120 124 129 135 14316 x 16 --------------------------------- 69 72 76 so 85 91 916 x 18 --------------------------------- 76 70 83 87 92 £8 10016 X 20 .......--------------------------- 84 87 91 95 100 106 ,11416x22 ------------ ----.........------ 92 95 99 103 108 114 12216 x 24--... ..---------------------------- 101 104 . 103 112 117 123 13116x26 ------- ------------------------ 111 , 114 118 122 127 133 14116 2 .. -...........---------------- 122 125 129 133 133 144 15218 x 18 --------------------------------- 83 86 g0 94 go 105 11318 x 20 --------------------------------- 91 94 98 102 107 113 12118 x 22 ....... --------------------------- 180 103 107 ill 116 122 13018 x 24--..----------------------------- 11 0 11 117 121 126 132 14018 x 26 ......--------------------------- 121 124 123 132 137 143 15118 x 28 .--------------------------- 133 136 140 144 149 155 103

Notes on White Oak or Red Oak-Structural portionate amount of the difference betweenStock or Souna Equare Edge the maximum price of such next shorter

Random widgths; in 2", 3" and 4" thick- length and the maximum price of the next

nesses-$43.0O0. longer length

Free of heart;in 2", 3" and 4" thick- In the case of any item for which thenesses-add $6.00 to maximum price for thickness or the width is not included in thesame thickness, width and length in above schedule, the maximum price shall be theschedule, maximum price for the material of the next

'Prices for specific sizes not in schedule. greater thickness or width.The maximum price for material of a The maximum prices set forth above super-

length not included in this schedule shall sede the maximum prices for like materialbe determined by adding to the maximum authorized for individual sellers under theprice for the next shorter length the pro- special pricing provisions of this regulation.


(M WHITE OAK OR RED OAK-FREIGHT OAR STOCK, COMMON DIMENSION, TINE CAR

LUMBER

7. Section 1382.112 () (3) Is amendedto read as follows:

(3) The term "dunnage" as used aboveL=93hs (lct) means lumber of any hardwood, species,

Size ') - - - of standard widths and lengths, but10 to 18 is 29 22 21 :3 23 poorer In quality than the lowest stand-

- - ard grade In the particular species.

2 r 6 .. -3 ----------------- ISM $6 M 7 $74 tS372 $32 X 8 . ........... . .............. . .. 0 631 7 7 3 8 . S ec tio n 1 3 8 2 .1 12 (d ) is a m en d ed2x0 ... . .------------------------- 53 £7 ;3 C3 77 13 3 to read as follows:2x 19 ------------------------------ 58 C3 C9 75 P2 01 102x 14 ..............................- --- C4 81 E 07 , (d) Deduction for green. For lumber2xI6 ------------------------------ 70 75 81 87 V3 shipped In a "green!' condition, deduct

3x£ --------------- 0 55 01 o07 I4 83 C3 sipe3x8 ----.--------------------------- 0 M 61 C,7 74 3 V from the maximum prices for air-dried3 - -....--------------------------- 3' 7 6 0 77 E B lumber established n this Appendix "A",3 x 190-- ------------------------------.. 63 03 75 S 1 133x . .....................-------- &4 3 74 &3 E3 7 193 10 per cent of the maximum price for3x6 ........................-------- 0 75 8 7 V3 l I rough, air-dried material in the same

4x 6 ............................. 48 65 Go 71 7. 34X8 . ............................. C I 71 70 speciflcations. This deduction, however,4x 10 -------------------.-------- 50 62 07 73 Ea £4 shall not apply to the prices for material4 x 12 ---------------.-.-----------....- 5 62 67 0 70 F5 C134x]4 ---------------------_-- o- - 9 67 72 77 F3 W IM contained In subparagraphs (35) and4x 16 .-----.------------------------- 5 ,"3 7 E3 3 V In (36) Of paragraph (b) above.6x6 ..------------------------------ 48 LS 0 CS 71 8 For the purposes of this paragraph6x8 - .- ................ .2 7 73 &3 36x 10. ..------------------ .- 53 00 5 70 7 a 3 2 (d), hardwood lumber shall be consid-6x 12 . ..----------------------------- 5 02 67 "9 73 5 Q3 ered to be "green" unless it has been6£ 1 - -9 67 72 77 E3 93 1936x 1 -..-------------.-.-- ....------- 3 7 83 E9 N 1 stacked on the yard for air-drying.8x8 ............-------------------- 0 £ 8 2 67 73 F3 V9 A purchaser may waive any require-SX10 - ----------------------------- £8 0 0IS 10 10 F3 M28X192------------------------------ £ 55 02 07 72 _49 F3 5 ment as to moisture content, in which8z14 ------------- ---------------- £ 0 7 72 77 1Q3 co 273 case, if the lumber has been stacked on8x10210---------------------------- 5 7. 7. £3 .. E3 C22£ 36. .. . . . . .. . . . . . . . . 6 00'3 70 £ 3 0 2 th e y a r d , t h e a ir -d r i e d p ri c e s h a ll b e

lox0 L........----------------------- 02 67 7_ 70 Ps 03 applicable, regardless of the moisturel0x 14--.........----------------------- £59 6 7 r_ 77 S0 Ca 1O content, but if the lumber has not been10x I6----------------------------- 065 73 703 £3 F) £3 170lox 18. ..----.------------------------- 71 -9 R4 F 112 stacked on the yard for air-drying the12x12 -------------- o--------------- £8 M U 0S 73 79 S9 C3 "green!' price shall be applicable.12x14 .... ....----------------------- -62 70 #74 79 E5 ra2 Va12x6 - ------------------------------ 67 "0 C9 85 1 3 13 9. Section 1382.112 Mf is amended to12x186.---------------------------- 74 83 CS 22 £ 113 115

S- - ------------------------ 81 c 5 16 Ia 113 read as follows:14x14 --- ---------------------------- 63 71 70 8,3 F9 V2 10314x16 .......----------------------- 9 8 £3 63 4 0 11 () Mill working additions.14x8 ..........----------------------- 70 85 0 25 10t 193 2114x20 ----------- . .------------------ 84 94 98 103 C16 110 114x22 ------------------------------- 93 103 128 123 119 12M. 1:3 LS14x 24 ------------------------------- 103 114 119 1"4 13 37 143 tha I" 1iMIto14x26 - -------------------------- 114 126 131 1:9 142 143 18 1"F aad, V14x 23 .-----.----------------------- 127 139 144 149 15 126 1712 th' reW16l6 - ---------------------------- 77 86 91 S5 12 C' 1th16x 18 . ......----------------------- 85 95 11,) 104 110 11 1716x -20 -----------------------------.. 4 104 103 114 1M 13 N16x22 ---.---------------------------- 103 114 119 1:1 M 137 1 I M . . ... .CID _ c 5016x 24 - --------------------------- 113 1Z X03 134 i. R, -awlf2:2 ln= .... .. 5.0 4.50I6x2 ..--------------- ------- 124 137 142 140 1.2 16 10 S =. dgIC:2 5 .......... I o2 2.2316 x 2 .---------------------------- 137 ID 155 13 110 3 173 11 zr0aLdg 2 sMa3 i R .C45 4.2518x8...-------... -------------- - 93 103 103 113 110 1.13 1:5 11=n aadl Em-fn, I n cr2Sde. 5.a0 4.7518x20 --------------------.-. ------- 102 113 118 122 12 13 145 Sary 3 or 4sc.% or 1s!do erd 118x22 --------------------------- ---- 112 124 123 13 1 1 1 eM 1.3..... .. 4. CO .1018 x 24..--- -. ---............. 123 118 149 145 151 12 1M18 x 26 ...------------------ -133 149 154 158 I04 172 18118x28 ------------------------------- 149 103 108 173 1913 13 1S 10. Section 1382.113 is redesignated

§ 1382.114 and the heading amended,

Notes on White Oalk or Red Oak--Freight Car for the next shorter length the proportionate and a new § 1382.113 is added, all to readStock, Common Dimension, Mine Car amount of the difference between the Maxt- as set forth below:

-Lumber muma price of such next shorter length and

Random withs; in 2" and 3" thicknesses-- the maximum price of the next longer length. § 1382.113 Appendix B: M a x i m u m.

$50.00. In the case of any Item for which the thick- prices for Southern hardwood lumber in

Free of heart; in 2" and 3" thicknesses- ness or the width is' not Included In the "standard special" grades and items--add $8.00 to maximum price for same thick- schedule, the naximum price rhnl 1:a the (a) Standard special widths and lengths.ness. width and length in above schedule. maximum price for the material of the next The maximum f. o. b. mill price for 1,000

Prices for speciftc sizes not in schedule: ghe maximum prces r.t forth abe o iup.r- feet of Southern hardwood lumber in the

The maximum price for material of a length sede the maximum price3 for like material species and in the "standard special"not included in this schedule shall be de- authorized for individual r2110rs under the widths and lengths listed below shall be-termined by adding to the maximum price special pricing provisions of this regulation, as follows:

8863


zz >4~

0, to 0

.000 00 2

r.~ s~ "8 A41

0) ~ ) CIA~ A 14

_ .g000 0000 g -

so so0 ) C3 ,4,

ca '00 ~ ~ '' ~c3~. .

q~-so 100 .~ CXC'sCC~ '


Sec.3 Maximum prices for splegelelsen.4 Charges for packing.5 Charges for grinding.6 Sales to the United States or any agency

thereof.SMaximum prices for the conversion of

manganese ore Into ferromanganese.8 Applicability of regulation.9 Records and reports.

10 Adjustable pricing.11 Applicatlons for adjustment.12 Petitions for amendment.13 Prohibition against dealing in ferroman-

ganese and manganese alloys andmetal at prices above the maximum.

14 Enforcement.15, Definitions.

SEcTIon 1. Maximum prices for highcarbon ferromanganese-(a) Grades.For the purposes of this regulation thereshall be two grades of high carbon ferro-manganese: (1) Standard and (2) Sub-standard.

Standard grade high carbon ferro-manganese must conform to the follow-ing specifications:

PercentManganese -- -------------- 5. 00MlnimumCarbon ------------ 7. 50 MaxmumPhosphorus --------- 0.0 "Silicon ------------------ 1.25Sulphur ------------------ 0.05

[Maxlmum ba prkc3 " Crom (cal

Any high carbon ferromanganesewhich does not meet these specificationsis classified as sub-standard.

Hereafter, standard grade high carbonferro manganese and sub-standard gradehigh carbon ferromanganese are called"Standard ferromanganese," and "Sub-standard ferromanganese ', respectively.

(b) Maximum prices for standardferromanganese. The maximum pricesfor standard ferromanganese shall bedetermined by using the base analysis,the base contract prices, and thepremiums and penalties, where appli-cable, set out below:

Base analysfi--78 to 82 percent manganese

Crt1 f~rlZe3

Contract prices . ,D5 to IC 0 or 2 O3,"xD "xDLump V xD IllxD X" x D W'xD S[xD =4. x D 4"Id xD 21 D

Carload lots: , oBulk --------------------------- ....... $135.00 $107. D3 $137. W $1 33.0 W 3 1ICO $14.00 Wlfl0 CO $ISULC0 8155.CODomestic packing_-- ................. 14L00 143.00 143.%0 14 (0 145.00 lI.CO 117.00 100 CO 12.C0 15. C0

Gross ton lots:Domesticppcking ---------- 145M00 149.00 11.00 ILCO 1-.100 113.CO 1150' ILCO 1T. C0 175C

Less than gross ton lots:Domestic packing ...................... 148.0 I 50 15.1 1. 0 1 C2 Z 10.0 1, .0 1 .50 I . 0 2C&1I

Premiums.-$1.70 for each 1% of man-ganese in e xcess of 82%.

Penalties.-$1.70 for each 1% of man-ganese below 78%. These premiums andpenalties shall be applied pro rats to varia-tions of a fraction of 1%.

(c) Terms- ) Basing points. For allsellers, except those listed below, themaximum prices set out above shall bef; o.-b. railroad cars Baltimore, Phila-delphia, or New York, whichever is mostfavorable to the buyer. For TennesseeProducts Corporation, the maximumprices shall be f. o. b. railroad cars Rock-dale or Rockwood, Tennessee, whicheveris the shipping point. For Sloss-Shef-field Steel and Iron Company, the maxi-mum prices-shall be L o. b. railroad carsBirmingham, Alabama.

(2) Credit and discount. No chargeshall be made for extension of credit

when payment is made within 30 daysof date of invoice and the maximum priceshall be reduced by ,% for paymentwithin 10 days of invoice.

(3) Spot sales. Spot prices are thesame as contract prices.

(d) Packing for ocean shipment. Forpacking suitable for ocean shipment thefollowing, additions may be made to themaximum contract, bulk, prices:

$10.00 per gross ton for &0 gal. drums orbarrels, or

$13.00.per grosr ton for 30 gal. drums orbarrels.

(e) Maximum prices for substandardferromanganese. The maximum pricefor substandard ferromanganese shallbe determined by deducting $10.00 pergross ton from the appropriate base con-

tract price for standard ferromanganese.The same premiums, penalties and termsshall apply as for standard ferroman-ganese.

Example: Tha maximum carload, hulk.prica for substandard ferromanganese con-taining 70% manganese would be $135.0par grS ton, leZs 810.00, leSs $13.60 uitage,or 6111.40 par gras3 ton.

SEC. 2 Maximum Prices for briquets,electric furnace ferromanganese, silico-manganese and manganese metal. Themaximum prices for briquets, electricfurnace ferromanganese, silicomanga-iese and manganese metal shall be de-termined by using the following basecontract prices for the various gradesand sizes, and the premiums, where ap-plicable, set out below:

(a) 1_AX55!UM1 BASE CONTRACT PRICES FOR DELIVERIES IN EASTERN ZONE

[These prices are for carload lots, bulk, f. o. b. ahippig pi nt with frclbt allowc. to dr-i tiat ]

[Per pound of emntanlc m:mc]

Grades S to NO L10 or 2oGrades ,- __ _ _ _ _-__ _ _ __-ID ,MiD

Lump Q'xD i"xD ,".zD Ji" xD &MxD Z3xD 4SMxD

Medium carbon: 10.14 0 ,0.14,10 00.1475 10k 1475 0.100 to. IZCo 00.1525 W. 1575 $0.1675 0. IV5Mn 80-85%, C 1.50% max.Si .50% or 2.5% max.

Low carbon:Mar. Max.

3fn 80-85%,O .10% Sil or 2 --. . . .-0 .- 33 .2325 .2=5 .2,0 .2575 .2V0 .21:0 .250 .2ZZOMn 8085%, 0.15% Si Ior P- - ----- .200 =20 .2=2 =' "0 .35 .20 .230 .21:0 .253)Mn S-85% C .30% Si 1 or2% ----------. .2100 .210W .2125 .212Z .21W) .2175 .2500 "=0 .23Z0 .250Mn S0-&.5%, 0.50% Si or 2% ............ .0 ..),3 .roaz . I3= .12-0 .2375 .2100 21W0 .22:0 .4)4n 80-857%,C.75%5 i 40/.----------------.100 .103 .1625 .152 .103 .155 .270 .1710 .15543 .19A

Low iron:Ain85-90%, Fe 2.00% Mar ---------- .....------- 1040 A1M5 .ICS. .105 .I cl. .10:0 .1115 .1115 .11413C 7.00% Max.

[Per poaund of matcril, g r s weightl

Iln 65-140%, 0 3% app., Si112-14%----------- $0.0530 c(0. 0=3 1041 01031 V-).M1553 C11554 C(ZO0.0 7, 0075 $0.0,751 (0.00M~n 65-70% C 256% mar., Si 14-1c -- 5-5--0--00=55 .0740 .0175 .75 .Mfn 65-70% 0 2% max., Si 16-20%CZ4.. . 00 IMin 65-!0% C 1l0 a. Si 17-207 .- -------- .0=0 .0110 .0335 C"30 C=32 .0 = M05 cc,5 cc,3 Q035mn 65-0 %. C 1% max., Si 20-25% .......... .0-00 .0= .0Y.9 .0545 2=13 .113 .0050 .5575 ".C75 .0co

No. 127- 12

8565


(a) MAXIMUM BASE CONTRACT PRICES FOR DELIVERIES IN EASTERN ZONE-Contnued

Bniqurs

[Per pound of briquet, gross weight]

Standard frromang.nse: ------- t.00 -------------------

I - ------- ------------

MAroANESE METAL

[Per pound of metal, gross weight]

74 n 0-98%, Fe 2% max --- ...... 0.0 $0.3960 $0.3 0 t0. 3 5 0.4010 i 0. 4035 t0.4080 $0.4110 $0.4210 . $0.4310Itn 95- :max .......... .8 .60 .360 .0 .M8O 5 .8810 I Em5 I .30I .3710 a.10 I .7910Electrolytic Mn 99..... -n ........ -------- .3760 .................

(b) PREMItUMS WHICH MAY BE ADDED TO MAXIMUM BASE CONTRACT PRICES WHERE APPLICABLE

Ferromanganese Silica- Briquets Manganese metal(per lb. Mn cont.) m manganeso per lb. metal

t Lw Lw Per lb. Per lb. 2% & 2.r% Elctrolytlocarbon carbon iron L material brlquet ion grade

Spot sales ...... ...............................................................Packing:( Domestic---- .. .. . .. .---------------------- -----------() Ocean shipment 10 gal. containers -------- - .....................

) Ocean shipment 30 gal. containers ---------------------------------------.(8) uantities, gross weight:

(I) Less than carload down to 2000 lbs. inclusive ...............................()Lump 2'f,.D I1x D ------------------------------------.............N ;ixY,8A rf,20MxD ---------- -------

c, 4Xtxi, 65to100MxD,150or,200MXD ---------------- -...(il) than 200O lbs ..........................................................

ja Lump "xD, 1 x D............-------------------------------

c) 48M x Y, 5 tlOO A x D. 150 or 200M D.....................(4) Sales for delivery, central zone:

(i) Carload lots ------------ - ..............................---------------------(iI) Less than carload lots ----------------------------------------------------

(b Sales for delivery, western zone:(I) Carload lots -------------------------.------------------ ; ---------------(il) Less than carload lots -----------------------................----------

to. 0025

.040

.005.

.0070

.0130

.0180

.0150.0375

.0030

.0100

.0125.0200

$0.0025

.0040

.0015

.0070

...... .0025

.0075

.0025.0075.0225

.0030.0100

.0150

.0200

80.0025

.0040

.0055

.0070

.0025

.0050

.0075

0050.0075

0125

.0030

.0100

.0110

.0200

ft 0025

.0035

.0045.00OO0i

........"..".0030,0048.OO78

.0100

.0175

.0025

.0100

.00 5

.0200

M 0025

.0025

.0045.0060

.0026........ ).

............0050

.0025

.0100

.0055

.0200

*0.02 .

.0040

.0045,0

... °........

.000

.0100.°........

.0250

.00215

.0100

.0055

.0305

..oo..o..

*0.0040.0045

o. oo40

.00M5.0100

.0305

(c) Credit. On sales of briquets, electric furnace ferromanganese, silicomanganese and manganese metal, no chargeshall be made for extension of credit when payment is made within 30 dajs of date of invoice.

SEC. 3. Maximum Prices for spiegeleisen. (a) The maximum prices for spiegelelsen shall be determined by using thobase contract prices for various grades and sizes, set out below:

[Maximum base contract prices per gross ton of material f. o. b. Palmerton, Pennsylvania]

Crushed sizesContract prices 65 to 100 160 or 200

Lump, 2"xD 1"XD W'xD W' xD SMXD 20MxD 48M xxD

ma 16-1w'%, S1 I% M=x

Carload lots:Bulk ------------------------------------- $ $37.60 'Moo 9.O0 $10.00- $41.60 800 47.00 t62 00 $5.00Dometic packing ........................ 4L 00 43.50 44.00 48.60 46.60 47.00 48.00 83. 00 8.00 01.00

Gross ton lots:Domestic packing ----------------------- 42.50 48.50 528 58.50 M t.0 59.50 60.80 67.60 07. 0 112,6

Less than gross ton lots: "Domestic packing ....................... - 47.0 9.0 67.50 7.50 8250 87.50 07.50 107. 80 172.50 197.10

Mn 19-1%, S 1% Mar.

Carload lots:Bulk ----------------------------------- 3.Do 23&o 39.00 40.00 41.00 42.00 43.00 48.00 M.00 ,, 00Domestic packing .....-------------------- 42.00 44. t0 45.00 46.00 .47.00 48. 0 49.00 5.00 9o0 O2 00

Gross ton lots:Domestic packing ----------------------- 43.50 49.50 53.50 57.50 89.50 60.50 61. 0 a8. 0 03.6o 113. t0

Les than gross ton lots:Domestic packing ---------------------- 4& 0 60.50 68550 7. 83.5 0 85. 00 8.5 10.80 173.10 9l8q30

Mn 10:21%, Si 4% Approx.

Carload lots:Bulk ------------------------------------ .00 40.50 41.00 42.00 43.00 44.00 4.00 50. 00 U. 1.00Domestic packing ----------------------- 44.00 46.50 47.00 4&00 49.0 80.60 51.00 5.00 01.00 01.00

Gross ton lots:Domestic packing ----------------------- 4 5.50 51.50 55.50 59.50 61.50 62.50 63.10 70. 0 100.80 110, o

Les than gross ton lots:Domestic packing ----------------------- 0.50 62.80 700 78.80 850 90.80 100.50 110. 50 175. t0 200. to

Mn 20-M5%, Si 1% Afax.

Carload lots:Bulk -------------------- .--------- 49.50 82.00 82.50 3.50 5 .50 55. t0 5.5O 61,60 K0t0 CI. toDomestic packing -------- -------- - Z5. 50 Z3.00 M.60 6 59.50 60.50 6L5O 02.50 07. 0 72.50 75to

Gross ton lots:Domestlo packing ........................ 5. 00 63.60 67.00 71.*0 73.00 74.00 75.00 82.00 112.00 127.00

Less than gross ton lots:Domestic packing --------.-------------- 000 74.00 52.60 90.00 97.00 102.00 112.00 122.00 187.00 1.00

8866

I .. .. ... f .. .. .. . ........ . ....... ..

FEDERAL REGISTER, Tuesday, June 29, 1913(b) Terms-() Spot sales. Spot

prices are the same as contract prices.(2) Credit and discount. No charge

shall be made for the extension of creditwhen payment is made within 30 days,and the prices set out above shall bereduced by % for payment within 10days of date of invoice.

(c) Packing for ocean shipment. Forpacking suitable for ocean shipment thefollowing additions may be made to themaximum vontract, bulk, prices:

$10.00 per gross ton for 50 gal. drums orbarrels, or

$13.00 per gross ton for 30 gal. drums or,barrels.

SEC. 4. Charges for Packing. (a) Thedomestic packing of all grades of ferro-manganese and manganese alloys andmetal, which is covered by the packingpremiums in the price tables above, ispacking in drums or barrels of 30 to 50gallons capacity, which are suitable fordomestic shipment. Charges for pack-ing for ocean shipment, when requestedby the buyer, may be made as providedin the price tables above.

(b) In the case of packing in smallercontainers than those listed, chargesmay be made as follows:

(1) The highest charge which theseller made for such packing on a de-livery made by hir' during January,February, or March 1942. (This pack-ing charge -need not have been billedseparately.); or

(2) If the seller cannot make this de-termination on. the basis of a delivery,then the highest charge which the sellerquoted for such packing during Janu-ary, February, or March 1942. (Thispacking charge need not have beenquoted separately.); or

(3) If the seller cannot determine hismaximum charge for such packing undereither of the above provisions, then acharge to be approved by the Adminis-trator. This charge shaH be reportedwithin 15 days after delivery and, pend-ing approval, such charge may be paidand received subject to adjustment be-tween the parties if the charge is dis-approved. A charge once reported andapproved need not thereafter be re-ported by the same seller.

Reports called for by this provisionshall be made by letter addressed to the.Non-Ferrous Metals Branch, Office ofPrice Administration, Washington, D. C.,and the charge reported may be approvedor disapproved by a letter signed by thePrice Executive of the Non-FerrousMetals Branch. When a charge is dis-approved by letter, the Administratorwill issue a formal order to the sameeffect if within 30 days the party report-ing such charge for approval requestshim to do so.

(c) Packing expenses on sales to pro-curement agencies. On sales and deliv-eries of ferromanganese or manganesealloy or metal to a procurement agencyof the United States the charges forpacking, which are provided above, maybe added to the maximum price and Sup-plementary Order No. 34 1 shall not applyto any sale or delivery of ferromanganeseor manganese alloy or metal.

SEC. 5. Charges for grinding. (a)Standard grinding for ferromanganeseand manganese alloys and metals shallbe that specified above In the price sched-ules for the different grades. All othergrinding shall be considered specialgrinding and may be charged for asfollows:

(1) Grinding to a size larger than orintermediate between standard szes forthe particular grade: The price listed forthe next smaller size.

(2) Grinding to a mesh smaller thanany listed for the particular grade orto special specifications which includea bottom screen size as well as a topscreen size:

(I) The highest charge which theseller made for such grinding and sizingon a delivery made by him during Jan-uary, February, or March 1942 (Thisgrinding and sizing charge need not havebeen billed separately.); or

(l1) If the seller cannot make this de-termination on the basis of a delivery,then the highest charge which the sellerquoted for such grinding and sizing dur-ing January, February, or March 1942(This grinding and sizing charge neednot have been quoted separately.); or

(iii) If the seller cannot determine hismaximum charge for such grinding andsizing under either of the above provi-sions, then a charge to be approved bythe Administrator. This charge shall bereported within 15 days after deliveryand, pending approval, such charge maybe paid and received subject to adjust-ment between the parties if the chargeis disapproved. A charge once reportedand approved need not thereafter bereported by the same seller.

Reports called for by this provisionshall be made by letter addressed to theNon-Ferrous Metals Branch, Office ofPrice Administration, Washington, D. C..and the charge reported may be approvedor disapproved by a letter signed by thePrice Executive of the Non-FerrousMetals Branch. When a charge is dis-approved by letter, the Administratorwill issue a formal order to the sameeffect if within 30 days the party report-ing such charge for approval requestshim to do so.

Sc. 6. Sales to the United States orany agency thereol-(a) Spot premiums.No spot premium may be added on anysale or delivery of ferromanganese ormanganese alloy or metal to the UnitedStates or any agency thereof.

(b) Drawbacks. The maximum pricesset forth above for ferromanganese andmanganese alloys and metals shall beadjusted downward upon any sale to theUnited States or an agency thereof forshipment outsilde the United States,

(1) If the ferromanganese or manga-nese alloy or metal sold is made fromdutiable ore and the import duty thereonhas not been paid at the time of shipmentby the seller or is made from other orewhich has been substituted for such duti-able ore in a bonded warehouse, or

(2) If the seller will have a claim bysubstitution or otherwise for a drawbackof duty by reason of the shipment of the

17 F.R. 107M9.

ferromanganese or manganese alloy ormetal to a destination outside the UnitedStates.

In the case of standard ferromanga-neze this downward adjustment shall beIn the amount of $10.00 per gross ton. Inthe case of any other ferromanganese,or of any manganese alloy or metal, thisdownward adjustment shall be in anamount equal to the amount of thedrawback less the expense incurred inobtaining such drawback. However, nodownward adjustment of maximum priceshall be required if the seller, having aclaim to a drawback of import duty,assigns or transfers his claim to suchdrawback to the governmental agencymakng the purchase of ferromanga-nese or manganese alloy or metal.

SEc. 7. Maximum' prices for the con-version of manganese ore into ferroman-ganese. (a) Any person, herein referredto as the converter, who, on or afterJuly 1, 1943, entersnto a contract withanother parson who agrees to furnishthe converter with manganese ore orauthorizes the converter to purchase orefor his account, under which the con-verter agrees, for a stated fee, to con-vert such ore, or ore of its equivalentgrade, into ferromanganese, shall sub-mit a certified copy of such contract tothe Non-Ferrous Metals Branch, Officeof Price' Administration, Washington,D. C. Any converter who entered intosuch a contract between April 23, 1942and July 1, 1943 shall likewise submit acertified copy if he has not heretoforedone so. No fees and other charges tobe paid to the converter for the conver-slon of manganese ore into ferromanga-nese shall be paid or received until suchfees and other charges have been ap-proved by the Office of Price Adminis-tration unless they are paid and re-ceived pursuant to a contract enteredinto on or before April 28, 1942. Ap-proval or disapproval shall be by a lettersigned by the Price Executive of theNon-Ferrous Metals Branch. In ap-proving or disapproving contracts forthe conversion of manganese ore intoferromanganese, the Office of Price Ad-ministration will take account of the feesand other charges which were or wouldhave been made on April 28, 1942.Where a conversior contract is disap-proved by letter, the Administrator willissue a formal order to the same effectif within 30 days any party to the con-tract requests him to do so.

If a conversion contract is amended ormodified it shall be considered to be anew contract.

(b) When manganese ore, furnishedby or purchased for the account of an-other party, is converted by any personinto ferromanganese (1) pursuant to acontract entered into on or before April28, 1942, or (2) pursuant to a contractentered into after April.28, 1942 and ap-proved by the Office of Price Admini tra-tion, the fees and other charges paidand received shall not exceed thosewhich are provided for by fhe terms ofthe contract.

SEC. 8. Applicability of regulation-(a)Geographical. The maximum prices es-tablished by this regulation shall apply

8867


to the forty-eight states and the Districtof Columbia.

(b) Export sales. The maximum priceat which any person may export ferro-manganese and manganese alloys andmetals shall be determined in accord-ance with the provisions of the SecondRevised Maximum Export Regulation'issued by the Office of Price Adminis-tration.

(c) Import sales and sales of importedferromanganese and manganese alloysand metals. Neither this regulation northe General Maximum Price Regula-tion I shall apply to the importation offerromanganese and manganese alloysand metal. This regulation shall apply,however, to the sale of all ferromanga-nese and manganese alloys and metalafter they shall have been imported intothe forty-eight states vind the District ofColumbia.

(d) Relation to General MaximumPrice Regulation. This regulation su-persedes the General Maximum PriceRegulation as to sales and deliverieswhich are covered by, or expressly ex-cluded from, this regulation.

SEC. 9. Records and reports. (a) Onand after July 1, 1943, every person mak-ing a purchase or sale of ferromanganeseor manganese alloy or metal shall keepfor inspection by the Office of Price Ad-ministration, for so long as the Emer-gency Price Control Act of 1942 remainsin effect, complete and accurate recordsof each such purchase or sale showing(1) the date thereof; (2) the name andaddress of the buyer and the seller; (3)the quantity and analysis of each gradeand size purchased or sold; (4) the dateof delivery of each shipment; and (5)the price paid or received.

(b) Persons subjedt to this regulationshall submit such reports, subject to theapproval of the Bureau of the Budget inaccordance with the Federal Reports Actof 1942, as the Office of Price Administra-tion may from time to time require.

SEC. 10. Adjustable pricing. Any per-son may agree to sell at a price whichcan be increased up to the maximumprice in effect at the time of delivery; butno person may, unless authorized by theOffice of Price Administration, deliver oragree to deliver at prices to be adjustedUpward in accordance with action takenby the Office of Price Administrationafter delivery. Such authorization maybe given when a request for a changein the applicable maximum price is pend-Ing, but only if the authorization is nec-essary to promote distribution or pro-'duction and if it will not interfere withthe purposes of the Emergency PriceControl Act of 1942, as amended. Theauthorization may be given by the Ad-ministrator or by any official of the Officeof Price Administration to whom theauthority to grant such authorizationhas been delegated. The authorizationwill be given by order, except thdt it maybe given by letter or telegram when thecontemplated revision will be the grant-ing of an individual application for ad-Justment.

28 F.R. 4132, 5987, 7662.38 P.R. 3096, 3449, 4347, 4486, 4724, 4848,

4974, 6047, 6962.

SEC. 11. Applications for adjust-ment-(a) When available. The Officeof Price Administration may, by order,adjust any maximum price- establishedby this regulation whenever it finds,from an application for adjustment or onits own motion, that the price impedesor threatens to impede any seller's pro--duction of ferromanganese or manganesealloy or metal, and that the seller's pro-duction is essential for the prosecutionof the war.

(b) Principal considerations. In con-sidering whether production is impededor threatened, although other relevantfactors may be considered, principal con-sideration will be given to the over-allprofit or loss of the seller before incomeor excess profits taxes. Wherever pos-sible the seller's future annual earningsbefore income and excess profits taxesas estimated by the Office of Price Ad-ministration on the basis of actual cur-rent earnings, will be compared with theseller's average profit or loss before in-come and excess profits taxes for hisfour fiscal years beginning on or afterJanuary 1, 1936, adjusted for changes ininvested capital (here called "baseprofit"). Where the seller was not inbusiness during a part or all of this baseperiod, or where the base profit is lowerthan the base profit which the Office ofPrice Administration considers adequatefor a business of the type and size con-ducted by the seller, a profit which theOffice of Price Administration considersadequate will be used in lieu of the baseprofit. In addition, consideration will begiven to the seller's revenue from thegrade or grades of ferromanganese ormanganese alloy or metal on which heseeks price adjustment and to his totalrevenue from all other sources.

(c) Amounts of adjustment. In-creases in price will be permitted in anamount which the Office of Price Ad-ministration considers sufficient to avoidthe impeding of production or thethreat of impeding production.

(d) Form of application. An originaland one copy of an application for ad-justment must be filed with the Officeof Price Administration, Washington,D. C. It is suggested that, before filingan application f6r adjustment-under theprovisions of this section, the seller ob-tain from the Non-Ferrous MetalsBranch, Offie of Price Administration,Washington, D. C., a statement of thespecific information that will be neces-sary in order that his application mayreceive prompt action.

SEC. 12. Petitions for amendment.Any person seeking an amendment ofany provision of this regulation may filea petition for amendment in accordancewith-the provisions of the Revised Pro-cedural Regulation No. 1,' Issued by theOffice of Price Administration.

SEc. 13. Prohibition against dealing inferromanganese and manganese alloyand metal at prices above the maximum.(a) On and after July 1, 1943, regardlessof any contract, agreement, or other ob-ligation, no person shall sell or deliverferromanganese and manganese alloy

4 7 F.R. 8961; 8 F.R. 3313, 3533, 6173.

and metal and no person In the courseof trade or business shall buy or receiveferromanganese or manganese alloy andmetal at prices higher than the maxi-mum prices set out in this regulation;and no person shall agree, offer, solicitor attempt to do any of the foregoing.

(b) Any practice or device which is anattempt to get the effect of a price higherthan the maximum without actuallycharging a higher price Is prohibtd andis as much a violation of this regulationas an outright excessive price. This ap-plies to devices Involving commissions,services,' transportation arrangements,premiums, special privileges, tying-agreements, trade understandings andthe like. 0

(c) Prices lower than those set outin this regulation may be charged, de-manded, pyid or offered,

SEC. 14. Enforcement. (a) P o r s o n sviolating any, provision of this regula-tion are subject to the criminal penalties,civil enforcement actions and suits fortreble damages provided for by the Emer-gency Price Control Act of 1942, asamended.

(b) No war procurement agency, norany contracting or paying finance officerthereof, shall be subject to any liability,civil or criminal, imposed by this regu-lation or the Emergency Price ControlAct of 1942, as amended. "War procure-ment agency" includes the War Depart-ment, the Navy Department, the UnitedStates Maritime Commission, the Lend-Lease Section in the Procurement Divi-sion of the Treasury Department, or anyagency of the foregoing.

SEC. 15. Definitions. (a) When usedin this regulation the term:(1) "Person" Includes an Individual,

corporation, partnership, association, orany other organized group of persons, orlegal successor or representative of anyof the foregoing, and Includes the UnitedStates or any agency thereof, or anyother government or any of its politicalsubdivisions, or any agency of any of theforegoing.

(2) "Ferromanganese" means an alloyconsisting principally of manganese andiron, which (I) conforms to the specifi-cations of standard high carbon ferro-manganese set out in section 1, or (t1) is-a substandard high carbon ferroman-ganese, or (fii) conforms to one of theanalyses for medium or low carbon for-romanganese or low Iron ferroman-ganese set out in section 2, It likewiseIncludes ferromanganese briquets.

(3) "S t a n d a r d ferromanganese"means a high carbon ferromanganesowhich conforms to the specifications setout in section 1.

(4) "Manganese alloy" means stlico-manganese and spiegeleisen.

(5) "Sllcomanganese" means an alloyconsisting principally of manganese, sil-icon and iron, which conforms to one ofthe analyses for sillcomanganese set outIn section 2. It likewise includes sillCo-manganese briquets.

(6) "Spiegelelsen" means an alloy con-sisting principally of manganese andiron, which conforms to one of the anal-yses for splegelelsen set but in section 3,

8868


(7) "Manganese metal" means a ma-terial containing a minimum of 95%manganese and a maximum of 2.5% iron.

(8) "Contract price" means that pricedetermined by a written contract callingfor delivery or deliveries of an esti-mated amount at some future date ordates within a specified period of time,not less than three months.

(9) "Spot price" means the price for asingle or isolated sale for delivery withinthree months.

(10) "Gross ton" means 2,240 pounds.(11) "Carload lots" means not less

than the minimum quantity whichmay be shipped by the seller to the par-ticular buyer at the carload tariff rate.

(12) 'Treight" means the charge fortransportation not in excess of the chargemade by railroads and includes thefederal tax on such railroad transporta-tion charge.

(13) "Eastern Zone" includes Missis-sippi River points and all area east ofthe Mississippi River.

(14) "Central Zone" includes all thearea west of the Mississippi River (notincluding Mississippi River points on thewest side of the River), and east of aline formed by the western boundaries ofthe States of New Mexico, Colorado,Wyoming, and the extension of the west-ern boundary of Wyoming directly northto the Canadian border.

(15) "Western Zone" includes theStates of California, Oregon, Washing-ton, Arizona, Nevada, Utah, Idaho, andthat portion of Montana west of a lineformed by the extension of the westernboundary of Wyoming north to the Ca-nadian- border.

(b) Unless the context otherwise re-quires, the definitions set forth in sec-tion 302 of the Emergency Price ControlAct of 1942 shall apply to other termsused in this regulation.

This regulation shall become effectiveJuly 1, 1943.

-Noy: All reporting and record-keeplng re-quirements of this regulation have been ap-proved by the Bureau of the Budget in ac-cordance with the Federal Reports Act of1942.

Issued this 26th day of June 1943.PRZuss MAL BRowM,

Administrator.[F. R. Doc. 43-10321; Filed, June 25, 1943;

2:40 p. m.]

PART 1407-RATIONNG OF FOOD AND FOOD

PRODUCTS[RO 16,1 Amdt. 89]

HEATS, FATS, FISH A CHEESESA rationale for this amendment has

been issued simultaneously herewith andhas been filed with the Division of theFederal Register.*

Ration Order 16 is amended in the fol-lowing respects:

1. Section 1.1 (a) (1) and the defi-nition of "Meat" in section 24.1 (a) are


18 F.t. 6446, 6614, 6620, 6687, 6840, 6960,6961, 7115, 7268, 7281, 7381, 7455, 7491, 7589,8357, 8540.

amended by adding at the end of eachthe following:

Meat does not include a carcass, orany part of a carcass, which Is con-demned as unfit for human food by anauthorized federal, State or local gov-ernment inspector, and which is eitherplainly marked to indicate that It hasbeen so condemned or Is denatured orotherwise destroyed for food purposesas may be required by law.

2. Section 30.2 is amended by insertingbetween the word "Epididymes" and thewords '%ymph glands" the words "Hoglungs".

This amendment shall become effectiveJuly 2, 1943.(Pub. Law 671, 16th Cong., as amendedby Pub. Laws 89, 421, 507 and 729, 77thCong.; E.O. 9125, 7 F.R. 2719; E.O. 9280,7 P.R. 10179; WPB Directive 1, 7 P.R 562and Supp. Dir. 1-M, 7 F.R. 8234; FoodDirective 1, 8 F.R. 827; Food Dir. 3, 8 P.R.2005; Food Dir., 5, 8 P.R. 2251; Food Dir.6, 8 P.R. 3471; Food Dir. 7, 8 .R. 3471)

Issued this 26th day of June, 1943.PaENTSS M. BnoWvr,

Administrator.[P. R. Doe. 43-10328; Filed, Juno 20, 1943;

2:36 p. ma.]

PART 1407-RAonmo OF FOOD AND FOODPR0DUCrS

[RO 16.1 Amdt. 9 to Supp. 1]EAT, FATS, FISH AID CHEESES

Section 1407.3027 (f) Is amended byadding the following:P -.... .. June 27,1943 to Juy 31, 1943

4,1043 to July 31. 143R .-...... July 11, 1943 to July 31, 1943

. .... July 18,1943 to July 31,1943

This amendment shall become effectiveJune 26, 1943.(Pub. Law 671,76th Cong., as amended byPub. Laws, 89, 421, 507 and 729; 77thCong.; E.O. 9125, 7 P.R. 2719; E.O. 9280,7 P.R. 10179; WPB Directive 1, 7 P.R 562;and Supp. Dir. l-M, 7 P.R. 7234; FoodDir. 1,8 F.R. 827; Food Dir. 3,8 P.R. 2005,and Food Dir. 5, 8 F.R. 2251; Food Dir, 6,8 P.R. 3471; Food Dir. 7,8 F.R. 3471)

Issued this 26th day of June, 1943.Pn anss M. Bnovnr,

Administrator.[F. R. Doc. 43-10327; F led, Juno 26, 1943;

2:30 p. m.]

PART 1426-WoOD PRESERVATION AIM Pra-

=IAY FoREST PnODUCTS

[Rev. LOR 32421

FENCE POSTS

Maximum Price Regulation 324 is re-designated Revised Maximum Price Reg-ulation 324 and is revised and amendedto read as follows:

A statement of the considerations in-volved in the Issuance of this regulationhas been issued simultaneously herewith

28 P.R. 2027, 3367.

and ha been filed with the Division ofthe Federal Register.*

§ 1426.201 Maximum Prices for fenceposts. Under the authority vested in thePrice Administrator by the EmergencyPrice Control Act of 1942, as amended,and by Executive Order 9250, RevisedMaximum Price Regulation No. 324,Fence Posts, which is annexed hereto andmade a part hereof, Is hereby issued.

AurHoanr: 9 1426.201, l=-ued under Pub.Lawa 421 and 72, 77th Cong4 I. 0. 9250,7 P. R. 7871.

PRE==a LEixnruzz Prac= RzamaoN. 32-yE:;cz Pom~

ArmcXE I-sCOp 0' THE EOGULAT10XHsec.1. Sales of fence pasta at over-ceillng prices

prohibited.2. Purp:oz and coverage of this regulation.

ATiTcLE f-=LaXILLU PsacES AND 713 05' SALE

3. How to figure maximum prices.4. Tables of maximum prices.5. Transportation addition.6. Special szes and grades of listed species-7. Treated posts.

A== XCI t m-PZCh DU=3 AND PEZT.EGA:W 1O.IE PACrICES

8. Dlplay of maximum prices.9. Prohibited practices.

10. Adjustable pricing.11. PetItions for amendment.12. Records.13. Enforcement.14. Licensing.

Article I--Scope of the Regulation

Srcrnon 1. Sales of fence posts at over-ceflfing prices prohibited. (a) On andafter July 2, 1943, regardless of any con-tract oy other obligation, no person shallsell or deliver, and no person shall buyor receive in the course of trade or busi-ness, any fence posts covered by thisregulation at prices higher than themaximum prices fixed by this regulationand no person shall agree, offer, or at-tempt to do any of these things.

(b) Prices lower than the maximumprices, may, of course, be charged andpaid.

Smc. 2. Purpose and coverage of thisregulation. (a) One purpose of this re-vision Is to list specific maximum pricesfor all the principal species. (Theseposts, when produced in the areas named,will be called the "listed species".)

However, there are some other specieswhich are not listed, but which are some-times handled. Therefore, the secondpurpose of this revision is to enable theretailer to find his maximum price forany fence post, listed or unlisted, with-out looking at any other regulation.

Accordingly, this re-ulation now cov-ers:

(1) Sales to consumers of all fenceposts, listed or unlisted. (A consumerIs anyone, including an industrial user,who actually uses the posts to supportfencing.)

(2) Sales to retailers (and other non-consumers) of the following 'istedspecies":

(i) Northern white cedar (Thuja Cc-cidentalls), produced in the states ofMichigan. Minnesota, and Wisconsin-

(it) Yellow pine, including shortieafpine (Pinus echinata), loblolly pine

SS69


(Plnus taeda), slash pine (Pinus cari-baea), or longleaf pine (Pinus palustris),and apy other species commerciallyknown as Southern yellow pine, pro-duced at any point in the United States.

(ii)- Arkansas red cedar (Juniperusvirginiana) produced in Arkansas.

(iv) Tennessee red cedar (Juniperusvirginiana) produced in Tennessee, Mis-souri, Oklahoma, Louisiana, Alabama,Kentucky, Virginia, Georgia, North Caro-lina, South Carolina, West Virginia, In-diana, and Ohio.

(v) Texas mountain cedar (Juniperusmexicana and Juniperus pinchotii) pro-duced in Texas and Oklahoma.

(vi) Black locust (Robinia pseudoaca-cia) produced in Arkansas.

(vii) All species of oak (Quercus) pro-duced in Arkansas.

(viii) Western red cedar (ThuJa pli-cata) produced in Oregon, Washington,Idaho, and Montana.

(ix) Redwood (Sequoia sempervirens)produced in California.

(b) Round or split, peeled or unpeeled,treated or untreated, fence posts andstakes are included in the term "fenceposts", as used in this regulation.

(c) All posts iiriced in this regulationmust be, of sound live timber free of cdo-cay, splits, large or numerous knots, orknot holes, etc., that would impair theirstrength or durability, except othergrades specifically pricei in the tables ofsection 4.Article II-Maximum Prices and Terms

of Sale

SEc. 3. How to figure maximum prices.(a) (1) On sales to retailers and othernon-consumers (except as provided insubparagraph (2)) the maximum pricefor a post of the listed species is the pricein the tables in section 4 below. As tounlisted species, the General MaximumPrice Regulation' applies.

(2) On sales by a distributor to a re-tailer, the maximum prices for untreatedposts, shown in section 4, may be in-creased 15 percent, Provided, (i) The saleIs in less-than-carload quantity, and (ii)the distributor's stock from which thesale is made is maintained outside thenormal production area of the speciessold. I

No=n: Retailers buying posts under thisprovision and reselling to consumers are stilllimited to resale prices dqtormined accordingto paragraph (b) of this section.

(b) On sales to consumers, no matterwho the seller is, the maximum price isas follows:

(1) The maximum price in the tablesin section 4 below (or, for unlisted species,the maximum price under the GeneralMaximum Price Regulation of the pro-ducer or the person from whom the postsare bought) plus

(2) The transportation addition de-scribed in section 5, (except: in the caseof unlisted species, use actual inboundtransportation cost) plus

(3) A mark-up of 33 Y percent (except:for yellow pine posts treated or untreated,use 25 percent). Apply this percentagemark-up to the total of (1) and (2).

28 P.R. 8096.

(c) It will be necessary, on the sale ofunlisted species to a consumer, to ask theperson from whom the posts were boughtwhat his General Maximum Price Regu-lation maximum price is. In all sales ofunlisted species to consumers, the finalmaximum price arrived-at should be re-ported to the Lumber Branch, Office ofPrice Administration, Washington, D. C.If it is not disapproved within 30 days ofreceipt of the report, it is approved.

SEC. 4. Table of maximum prices. (a)Maximum prices on sales to retailers and,other nonconsumers are set out in thetables below, for the listed species. Theprices in the tables are f. o. b. cars atconcentration yard or other loading-outpoint in the producing area. (If a deliv-ered price is to be quoted, see section 5for the permitted transportation addi-tion.)

TABLE I-NORTHERN WHITE -CEDAR

Species: Peeled white cedar (Thula occidentalis) prO-duced In Michigan, Minnesota, and Wisconsin.

Basin& points: Gemmel], Minnesota; Rexton, Michl-gan; Rhxnejander. Wisconsin

IF. 0. b. loading-out point]

Diameter at small end (ex-eept on quarters which Lengthare measured by width offlat side)

Esti-matedweights

aibs.per

post)

______________________________________ I-I -I -

7" to 9" Quarters .---------'Over 9" to 101' Quarters .5" Halves ................6" Halves ----- - - .....7"-Halves ..................5" Halves ..................6" Halves -------.......7" Halves ..................5" Halves ................6" Halves ------------------4" Round ------------------5" Round -------- -------G" Round ------------------2" Round-------------3" Round-:--:------4" Round ----.-------------6" Round ------------------6" Round ------------------7" Round ------------------8" Round -------------------3" Round ............--- ..4" Round ................ -5" Round ------------------6" Round ------------------7" Round ------------------8" Rbund ..................6" Round ------------------4" Round --------------5" Round --------------6" Round ------------------7" Round ...............8" Round ------------------4" Round ...............6" Round------...........8'" Round-................7" Round------...........8" Round ------------------4" Round ------------------7" Round ------------------6" Round ------------------

7'7'7'7'8'8'8'10'1'6'6'6'7'

7'7'

78'

8'8'

8'

90,

18'10'

10'

10'10'12'12'12'.12'I

14'14'14'

1. Additions for selected stock: All diameters eightfeet long, turning stock posts, add %.10 cach. Alldiameters, ten feet long, turning stock posts, add $0.20each.

2. For unpeeled posts deduct Yo per lineal foot.

TABLE 2-YELLOW PINE

Species: Shortleaf pine (Pinus echinats), Loblolly pine(Pinus tseda), Slash pine (Pinus earlba e, Longleafpine (Pinus palustrisf, and any other sp cies commer-cially known as yellow pine produced at any point inthe United States.

Basing points: Brewton, Alabama, when produced eastof the issippiRiver. Shreveport Loodslna whenproduced west of the Mississippi River.

Yellow Pine Post Untreated, Cean PeddIF. o. b. loadlng-Outpoint]

Diameter at small end L

2!" Round .................a" Round ...................3% Round ............4" Round ------------4W" Round-.,------. -6" Round ...............6"' Round ...............2Y2" Round .................3" Round -------------3, " Bound ...........41 Round ------------------41" Round -------------5 Round ---------------6" Round ------------------26" Round -------------2W" Round..............3" Round -------------3304" Round .....-----4 Round -------------45 Round -------------6" Round .............7" Round ------------------2" Round .................3" Round ............35" Round ..... ........3W' Round-.::::::---:::::::4" Round -----------------5 Round .................6' Round .................-6" Round .............--- ...7" Round ------------------8" Round ------------------8" Round ------------------71" Round ...............7" Round -------------81" Round ...............8" Round ---------------3W Round --------------4" Round .............41" Round ...........4" Round ------------41" Round ---------------6" Round .............6" Round .............7" Round ------------------81" Round .................3" Round .................3' Round .................4" Round ------------41" Round ............6" Round -------------6" Round -------------2'" Round -----------3" Round.................3 " Round ................4" Round ---------------4-" Round .................6" Round .............6" Round ---------------G4" Round ...................41" Halvs ------------------4" Halves ----------------67" Halves--------------51 Halves.;............6W Halves ...............

4" Halves ...................

4" Halves ---------------5l" Halves.---------------5" fla ves ..............4" Halves ...............41" Halves ............ ......4" Halves ---------------4" Halves ..................4W' Halves .............6 aves .................4" Halves ------------------4%" Halves ---------------5", Ealves .............65" Halves -------------fil Halves -------------------7" Face Quarters ....-.....8" Fee Quarters........7" Face Quarters--------8" Face Quarters::::::::::::7" Face Quarters ........8" Face Quarters ........7" Face Quarters .......8" Face Quarters ........

ength

6'

6'6'6'6'

7'

7'7,7P7'7,7'7'7l8'8'

8'8'8'8'8'8'8'8'

10'10'10'10'10'10'

10'12'12'

12'12'12'12'12'12'14'14'

14'14'14'14'14'

1

7'7'6'8'

7'

0,4

7'7'7'

8'8'8'8'8'

8'

7'7'8'8'

rricoaehPost

$0. 0q5.105.11.115125

.13

.14

.09,1t.116.125.14.145.10C195

.115

.12,

.135

.15

.15

.19

.21.11.135.145.155.17.18.ZI.45.60.31.50.01.72

0.14.15.175.211.23.21.37.80

.70.0.10.18. 211.25.27.31447.19.23

2S,:20.33

.39

.57.07,0".01.09.19.0

.09

.10

.10

.10

.12

.10

.11

.14

.03

.07

.07.10

,1U

.012

matedweights

1210222733475

13182329so6t701419253239&I75

105

16233139t0

0011916110013119)210193289C-I6383113151189231

2140

5 476 (37709

135

2345

71

118161)

8 158 14

5 2227

31

213 2')3 1

17

22'5 :414)

21

40

22

'5 2337

18 41

1. On all sales to an intervening seller excpt one 'lllngto the consumer the maximum prices shown in thli TbloII must be reduced by at lest 10 percent,

FEDERAL REGISTER, Tuesday, June 29, 1943TABLE 3-ARKANSAS RED CEDAR

Species: Red Cedar (juniperus virgintana) producedIn.Arkansa.Basing point: Plippen, Arkans.

IF. o. b. loading-out point]

Diameter at small end (ex- Pce retedcept on quarters which Lengt weig hs.are measured by width of p st Qhfilat side) per

post)

2" Round Unpeeled.2" Round Unpeeled .........2W' Round Unpeeled .....

" Round Unpeeled .......3 ' Round Unpeeled .....4" Round Unpeeled .......4M" Round Unpeeled .....5" Round Unpeeled .......2" Round Unpeeled .--------3" Round Unpeeled .--------4" Round Unpeeled .--------5" Round Unpeeled.6" Round Unpeeled.......3" Round Unpeled .4" Round Unpeeled........5" Round Unpeeled6" Round Unpeeled.7" Round Unpeeled.8" Round Unpeeled .......3" Round Unpeeled ......4" Round Unpeeled .......5" Round Unpeeled .......6" Round Unpeeled .......3" Round Unpeeled ---------4" Round Unpeeled .......5" Round Unpeeled ---------6" Round Unpeeled .......3" Round Unpeeled .......4" Round Unpeeled .....5" Round Unpeeled .......0 Splits, Over 7" to 9", Inel.

Cir ......................f2 Splits, Over 8" to 11",

Imc. Cir ................#1 Splits, Over 11" to 13",

Incl. Cir ..................Extra Splits, Over 313" to 15",

Ind. Cir .................Double Extra Splits, Over

15" to 18". Incl. Cir. .....Halves 4" Face ............Halves 5" Face ............Halves 6" Face .............f3 Splits & Rounds 2' Di-

ameter .......12 Splits & Rounds 2W1 Di-

ameter., ------11 Splits & Rounds 3" Di-

ameter..............3" Top Hewn four sides ---8SW' To p Hewn four sides...4" Top Hewn four sides .-4W' To p Hewn four sides...5" Top Hewn four sides ....3" Top Hewn four sides .-4" Top Hewn four sides ....5" Top Hewn four sides ....4" Top Hewn four sides .....5" Top Hewn four sides -----6" Top Hewn four sides ....

4" Top Hewn four sides ....5" Top Hewn four sides-....

4'

6W636'6Y2'6W634'

7'7'7'

8'8'

8'10'10'10'10'12'12'12'12'14'14'14'

6W

6W

6W

6%'

6Y'

6Y,

7'7'7'7'

8'10'10'

k 0675.10.13.16.19.22.25.23.115.185.245.41.62.25.325.53.75.1.41..33.50.40.95.51.65.90.20.G6.10

1.13

.10

.13

.16

.18

.21

.14

.17

.20

.095

.125

.155

.195

.25

.23:295.31.23.311.51.43.76.85.71.5

TABLE 4-TEN",TESSEE RED CEDAR

Species: Red Cedar (I u aus virzin!:na) Wrl,In 'i'enncmwe. ZML'aeurl, Ok=ahoma. LeuL:w, A1-_=o.Kcntucky. Virin" .rGL-q North Carclina, S&uthCarolina, West Virginia Indian!), ad Obb.

Basing Point: Murfrceabsro, Tcnenc=¢.

IF. o. b. leading-out rMait]

Diameter at small end (ex. Pt ecmpt on quarters which aeiham measured by width of Lc =t M-3.fat slde) 5t pr

2" Round .........3" Round ............4" Round .............4" Round ............2" Round ...................2" Round-.............3" Round ...................

4" Round ...............4" Round ..............G" Round ...................3" Round .................4 Round ................5" Round ...........5" Round.. ..

7" Round ...................8" Round ...................G

'" Round ...................

7" Round ...................8" Round ...................4" Round ...................5" Round. ............6" Round..................7" Round ...................S" Round ..................4" Round ...................5" Round ...................G" Round ..................4" Round ...................5" Round ................." Round ..................

3" to 33W' Slabbed ia0 side.3%" to 5" Slabbed one side.3" to 3S" Slabbed one side.3S" to 5" Slabbed one side-3W'" to 5" Slabbed one side.5" face sawn cr rplit halves..G" face sawn or split halrvs..7" face sawn or split hals..5" face sawn or split haimlves..6" face sawn or split halves..7" tow sawn or split halve..G face sawn or split halves..7" face sawn or split halves..3" to 3 S Axe hewn fur

sides ...................334" to 4" Axe hewn four

sides. ...............4" to 5" AxO hewn fur

sides ...................3" to 3W,, Axe hewn foursides ............... .3yW" to 4" Axe hewn four

Fides. -...............4" to"Axehownfourslde.3..5" to 6" Ax hewn four rldcs.3" to 3W Axe hcwn four

sides ...................31" to 34" Axe hewn foursides.--------.--

3" to 4"1 Axe hewn foursides ................

4" to W'Axo hewn four sides.5" to6" Axe hewn fouroldes_.6" to 7" Axe hewn four sdes..7" 1to 8" Axe hewn four ridc.8" to 9" Axe hewn four slde.5" to G" Axe hewn four sides..G" to 7" Axe hewn four rides..7" to 8" Axe hewn foarsldes8" to 9" Axe hewn four sides.3Y?" to 4" Axo hewn four

sides .....................4" to " Axe hewn four rldes.5" to G" Axe hewn fourrld3-0" to 7" Axe hewn four rdes-7" to 5" Axe hewn four rlde_ .8" to 9" Axe hown four rides.

V. Q.12.14.21

.:29

.A?5

.13

.1K5

.:a

.67

. M

.33

.45

.74L211C71.421.42.43

1.671.10

.25

.3t

.13

.201.43

.07

.13

.37

.12

.27

.23

.21

.Z3

.23

.23

.43

X.2

.L2

.23

L47

251,.23

LU25

TABLE 5-ARX.ANSAS LOCUST

Sp~ ~-Lccuzl (Roblna p:..u1:amef3) pro-duc" La Ar%=n3nB1anz Pont: FlIppn, Arka=z.

I. o.b IInz-t pointt]

iarater at cmall =ad (ax- ma." tedCCpt Gn quartcm wh-:I L'ngth ec Wehtsaoe m ared by wli of n (lbs.flat d0la pos erbs

r- 1es)

", Round ....... 4' S.C35 1021 'RunI ..... ... . rMW .12 1323,,,, nolun .... ., 22" Ren .. .15 8031,' Real]O .23 1.54"Rourl .. . ..... s ,o 403'Rcanl.. .--- .810 854" .1' .8;35 Mt51 Rsund .. '. " .D 72G!, Roun d .... 6 13 1M3

4' R=1 -- ----- ___ 1' 1.02 8313 Split. Ovecr 7" up to &.

Inc. CIr W........... m . 2 15P2 Split. Over V" up to 111".

Intl.Cir ... 6 .15 13#i Split. Over 11" up to IT",

Tnci cir - --..-- -OW _ x .13 25Extra Split. Over 13" up t0-D1", Ird. CIr . .... ' , .21 32

Deub3 Extra Splt. OvcrIV' up to WS, Ind. Cio.... VS .2.15 S

TABLE C-OZARK OAIK

Src.a: Re]. Whito en Chlaqpin cak (Quarcus)prrtiadi in Arkama.Bwanz point: Flippin. Arka za.

IF. o. b. Leadlng-ut polnil

Dlamctcr at =aell end (except onqtestmvhtharboe eaured byWidthoffla3tldO)

4"1Round ml adwhto ak pst.. B' 10.25 6S" Round red nd whita oak c . 8' 3 E3

" Round red and white oak o . B' .55 124" Rouad red cad white cak Fea-s. l .44 754" Round red ad whlae oak pes-s. 12 .43 10413 Split or ." ro-nd Cinquapin

jP pi .;lround Chinquapin.10 25

a.L.o 3" round ChinquapinExtra #1 Split or 3W'round Chin-

quapna W......... 6' .15 43P3 Split red =ad whit oak posts-. 4' .r r 1,13 Split rml ad whito oak po-.s-- .W, .075 17-2 Split red nd white oao ._k pez . 6Wj .x1 2101 Split re =1 whira eakposti. GW .105 31Extra #1 Split M and white l

psab........... .. 6A' .215 47Doub! Extra #L Split red na6whito oak p-.......... c-& .12 61

8871


TABLE 7-TEXAS MOUNTAIN CEDARSpecies: Cedar (Suniperus mexicana and uniperus

pinohotil).Basing point: Marble Falls, Texas.

[F. o. b. loading-out point]

Diameter at small end (except on S !'quarters which ae measured by 0 SIwidth of flat side) , .-

2, 02 Round or Wire Posts- 6 50.055 122Ya" 02 Round or Wire Posts:::- 6% .0 183'#2 Rpund or Wire Posts ------- 636 .00 2Z

0,X 92 Round or Wire Posts ...... 6W .13 s04' 02 Round or Wire Posts -------- 6%' .16 405" 02 Round or Wire Posts- 6 .19 50C" 02 Round or Wire Posts-...... 6' .20 602" 01 Round or Yard Posts. ------- 6%W .07 12.

0i #1 Round or Yard Posts ------ 6%W .03 183' #1 Round or Yard Posts - 6-- ' .11 25

0pit 01 Round or Yard Posts.... 6% .155 904' 01 Round or Yard Posts -------- 636W .18 405" 1 Round or Yard Posts -------- 6%1 .21 506" 01 Round or Yard Posts ----- W-- 6' .24 603" #1 Round or Corral Posts. --- 7' .15' 901%" #1 Round or Corral Posts~. 7' .185 404" #1 Round or Corral Posts. ------ 7' .21 45V' #1 Round or Corral Posts- ...- 7' .24 55fC 91 Round or Corral Posts ..... 7' .265 653" 01 Round or Corral Posts ..... S ' .185 40SKI #1 Round or Corral Posts--. S' .23 54' 1 Round or Corral Posts-...... 8' .28 50b" #1 Round or Corral Posts-..... 8' .34 65b" 01 Round or Corral Posts ....- 8 ' .42 s07" to V Inel. #1 Round or Corral

Posts --------------------------- 8' .72 15010" to 12" Incl. 01 Round or Corral

Posts . .------------------- 6' .85 2004" #1 Round or Corral Posts ...- 10' .40 76

' 01-Round or Corral Posts ...-.. 10' .51 956" #1 Round or Cbrral Posts ------- 10' .60 1107" to O" Incl. S1 Round or Corral

Posts .----------.-.---- ...----- 10' .05 165

10" to 12"Incl. #1Round or CorralPosts --------------------------- 10' 1.45 225

4" #1 Round or Corral Posts .--- 12 .60 906" #1 Round or Corral Psts.... .12' .75 1106" #t1ound or Corral Posts__.. 12' .85 107" to 0" Inc. 91 Round or Corral

P osts ------------ ..------------- 12 1.10 175

4" 01 Round or Corral Posts 14' .85 120b" #I Round or Corral Posts:::::::.14' 10 150C" 01 Round or Corral Posts ....... 14' 1.0 O1807" to 9" Incl. 01 Round or Corral

Posts ----- ......-------- ---- 14' 1.75 125

TAB3LE 8-WESTERN RED CEDARSpecies: Red cedar (Thujaplicata).Basing Point: Sandpoint, Idaho.

IF. o. b. Ioadipg-out paint]

Eate-Diameter at small end (ex- Price mated

cepton quarters which aro Length per loo weightsmeasured by width of flat pc lbs.side) per

post)

4" Split ............. - - 6W, $15.0 146" Split -............... 6%' 16.00 186" Split ........ ---------- ' 1& 00 25C" Split.........-----7' 17.00 13

7"t split ---- -------------- - ' 1 00M 204" Sdit .................. 7' 31 00 27" s dlit ----------------- 7' 2.00 354" Round ----------------- 7' 31.00 247" Round----------------- 7' 49.00 354" Round ------------------ 7' 42.00 607" Round ----------------- 7' 49.00 6V" Round ------------------ § 8 34.00 857' Round -----------------.. . 42.00 458" Round ----------------- 6 : ' 40.004" Round ----------------- 1' 54. 005" Round ----------------- S' . 00 g54" Round ----------------- 10' 40.00 45," Round ----------- ; ------ 10' 0.0o 1 55

8" Round ----------------- 10' 55.00 754" Round ------------------ 10 65.00 100S" Round ------------------ 10' 61.00 1254C" Round ------------------ 12' 2. 00 5561" Round ------------------- IV' 6L 00 7Oi' Round --------- zz ........ V2 70. 00

4" Round ------------------ 14' 56.00 655" Round ------------------ 14' 70.00G" Round ------------------ 14' 84. 0 110

TABLE 9-NO. 1 SPLIT REDWOOD POSTS-ROUGH GREEN

[As perparah155,tadarol Specifications for Gradesf ~allori Redwood Ltibsbek]

Basing point: Scotia, California.

[. o. b. loading-out point]

Esti.Piemated

Silo Length per, 110 mtpost (6

.i 4t----------- 6% %023 - 24x4! ................. 7' . 26

4"x 5..--------- ' 44

TABLE 10-NO. I SPLIT REDWOOD STArES-ROUGH GREEN

lAs per Daragraph 169, Standard Specifications for Gradesof Calioruia Redwood Lumber

Basing Point: Scotia, California.IF. o. b. loading-out point]

.- EstfoEate-Price maet

Sizo Length perM weigpieces )

" x 2" -..........--- .....- 3' ' 5.00 as2' x 2 ..------------------- 4 45.0 445021 x2 "----------.------ -- 5' 60.00 021" x 2' .................... 6' 70.00 6650

.21 x21 --- ----------- 7' 00.00 77752 x2" ...-- 8............ ' 100.00 9302 x 21 . .............. ' 120.00 10,0002 .. . 10' 135.00 11,100

2 x2" --...--.----- 12' 150.00 12,2002" X 1.......... . 6' 100.00 10,0102Fx3 ------- - 12000 11,650

SEC. 5. Transportation addition. (a)The transportation addition referred toabove in section 3 (b)-shall be computedfrom the applicable basing point speci-fied in the heading of each table. Inthe case of Northern white cedar andyellow pine,

(1) When the sale is made to a retaileror other non-consumer, the basing pointis the one nearest the shipper's loading-out point, or

(2) When the sale is to a consumer,the basing point is the one nearest theretailer in a sale by a retail yard, or near-est the consumer in a sale by any otherperson. .By 'nearest" basing point Ismeant the one producing the cheapestfreight rate.

For example, a concentration yard op-,erator in computing a delivered price tob retailer must use the basing point near-est the concentration yard. The retailer,selling to consumers, on the other hand,must use the basing point nearest the re-tail yard in arrivingat his maximumprice.

(b) The addition shall be figured asfollows:

(1) When the estimated weights in thetables of section 4 are used, the weighttimes the carload freight rate from theapplicable basing point to the actual des-tination Is the maximum permissibleaddition, even If'the estimated weightsare higher than the actual weights.

(2) When estimated weights are notused, the maximum addition for trans-portation Is the actual weight times therate from the applicable basing point.

SEC. 6. Special specifications of lstedspecies. Sizes, grades, or specificationsof fence posts of the species and fromthe areas given in the headings of thetables, but not specifically priced above,are nevertheless subject to this regula-tion. - Maximum prices for'such post'sshall be determined as follows:

(a) The maximum price shall bearthe October 1941 relationship betweenthe special item to be priced and themost similar size or grade on which aspecific maximum price is established inthe tables. This relation should be de-termined as it existed in October 1941or in the first month before that inwhich sales of both Items were made, andthe price difference between the twoitems should be added to or subtractedfrom the maximum price in the pricetables for the comparable Item.

This tentative maximum price shallbe submitted to the Lumber Branch,Office of Price Administration, Wash-ington, D. C., within 10 days of the useof the price, together with copies of theInvoices of the sales which were used todetermine it. If, within 30 days afterreceipt of the request for approval, theOffice of Price Administration does rotact on it, the price shall be consideredapproved and shall thereafter be themaximum price of that item for thatseller Pending approval or action bythe Office of Price Administration, theseller may deliver the item and receivepayment for It, subject to the condi-tion that, a refund will be made if theprice is in excess of that finally approvedby the Office of Price Administration,

(b) For any size, grade, or specifica-tion which cannot be priced under para-graph (a) of this section, the maximumprice shall be the price established by theLumber Branch, Office of Price Admin-istration, Washington, D. C., after fullfacts have been submitted in support ofany request for the establishment of amaximum price. This maximum pricemay be established by a letter ortelegram.

SEo. 7. Treated posts. The maximumprices for treated posts of the listedspecies shall be the maximum price-established by the General MaximumPrice Regulation for each seller plus anaddition to cdver any increased white oruntreated post cost resulting from themaximum prices of this regulation. Theamount of this addition shall be deter-mined by each seller in the followingmanner:

Subtract the highest untreated postprice, f. o. b. loading-out point, paid inMarch 1942 by this seller of treated posts,from the maximum prices established Inthis regulation for the same size or gradeof untreated post. Add the difference tothe sellers established price under theGeneral Maximum Price Regulation forthe treated post. (If the seller of treated

8872


posts did not buy white posts in March1942 he-should use his buying price inthe first month prior to March 1942 inwhich he purchased white posts.) If themaximum prices on untreated posts inthis regulation are not-higher than theseller's highest March purchase price,the maximum price of the treated postunder this regulation shall remain whatit was under the General MaximumPTice Regulation.Article IlI-Specfic Duties and Privileges

and Prohibited PracticesSEC. 8. Display of maximum prices.

Any person selling fence posts to con-sumers'shall display in a manner plainlyvisible to and understandable by thepurchasing public the maximum pricespermitted tinder this regulation. Thedisplay shall be headed "Ceiling Prices"and shall list the prices by diameter andlength. -

SEC. 9. Prohibited. practices. Anypractice which gets the effect of ahigher-than-ceiling price without ac-tually raising the price is as much a vio-lation of this regulation as an outrightover-ceiling price. This applies to devicesmaking use of commissions, services,transportation arrangements, premiums,special privileges, tying-agreements,trade understandings, and the like.

SEC. 10. Adjustable pricing. A pricemaybe made adjfistable to the maximumprice in effect at the time of delivery. Itmay not be made adjustable to a maxi-mum price in effect later than the date ofdelivery, except by special authorization.The Lumber Branch of the Office of PriceAdministration, Washington, D. C., mayissue this authorization, by letter, tele-gram or general order, when an amend-ment to this regulation is pending, asthe result either of a petition foramendment or of a formal industry ad-visory committee recommendation.

SEc. 11. Petitions for amendment. Anyperson seeking an amendment of anyprovision of this regulation may le apetition for amendment in accordancewith the provisions of Revised ProceduralRelulation No. 1,' issued by the Office of.Price Administration.

SEC. 12. Records. "Any pemon, otherthan a consumer, who buys or sells 200or more fence posts in any one month,must keep for a period of two years rec-ords o2 items sold, names and addressesof buyers, date of sale, and price.

SEC. 13. Enforcement. Persons vio-lating any provision of this regulationare subject to the criminal penalties,civil enforcement actions, suits for trebledamages, and proceedings for revocationof licenses provided for by the Emer-gency Price Control Act of 1942, asamended.

SEC." 14. Licensing. The provisions of-Supplementary Order No. 18 (§ 1395.22),0licensing persons selling lumber, lumberproducts, or building materials, are ap-plicable to every person, except pro-ducers, making sales of fence posts forwhich maximum prices are establishedby this regulation. This order, in brief,provides that a license is necessary, ex-

:7 P!t. 8961.'TF.R. 7240, 11007.

No. 127-13

cept for producers, to mahe sales underthis regulation. A license Is automati-cally granted to all sellers maktng thezesales. It is not necessary to apply SPe-cially for the license, but a registrationmay later be required. The EmergencyPrice Control Act of 1942, as amended,and Supplementary Order 18 tell the cir-cumstances under which licenses may besuspended. The license cannot be trans-ferred.

Norn: All reporting and rcord-Rccpingrequirements of this regulation have bcenapproved by the Bureau of the Budget Inaccordance with the Federal Reporta Act or1942.

Effective date. This regulation Shallbecome effective July 2, 1943.

Issued this 26th day of Juno 1943.Pm rnss DL Bao., ,

Administrator.f[. R. Doe. 43-10320; Filed, June 20, 1943;

2:40 p. m.]

PART 1499-Co0 oDr3s am SonVcEs[MPR 165, as Amendcd,' Amdt. 21

AUTO11OTIVE VEHICLE II=ESTMfAnCSSERVICES

A statement of the considerations n-volved In the issuance of this amend-ment, issued simultaneously herewith,has been filed with the Division of theFederal Register.*

Section 1499.101 (c) (4) Is amendedto read as follows:

(4) Automotive vehicles (includingbut not limited to automobiles, busses,motorcycles, sehii-tralers, tractors, trail-ers, and trucks)-lubrication, main-tenance, painting, rental, repair, storage(including but not limited to dead stor-age and parking) towing, washing orother servicing of (including but not lim-ited to maintenance, rental or repar ofaccessories or parts such as batteries, ra-

dios, tires, or tubes, but not includingany supplying of tire mileage or servicingof tires and tubes that is covered by Max-imum Price Regulation No. 414--TireMileage, and including but not limitedto pick-up and delivery and mountingand demounting of tires and use ofloaned tires and tubes, but not includingretreading or recapping of tires or anyservice rendered in connection with asale of tires or tubes or with the retread-ing or recapping of tires): Provided,That in the case of any of the foregoingservices for which a charge is authorizedby any rationing order or rationing regu-lations Issued by the Office of Price Ad-ministration, the maximum price here-under shall be the highest price author-iz2d by such rationing order or regula-tions.

This amendment shall become effec-tive July 2, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 P.R. 7871)

Issued this 26Lh day of June 1943.Pas=snss Z9. Bnovnr,

Administrator.[P. R. Dzec. 43-1031S; Fled, June 2, 1943;

2:38 p. m1 -

P=n 1418--Txnncms =u Poss==ou-s

uxrtrzx PRCES MA T21E Vxrnh ISM&uns orTHE urn-7E S.ATES.

A statement of the considerations in-volved in the Issuance of this amend-ment, issued simultaneously herewith,has been filed with the Division of theFederal Register.*

Section 14 is added to read as follows:SEc. 14. Tabe II: ZIaximum prices

for shell eggs. (a) Maximum prices forlocally produced eggs in the Virgin Is-lands of the United States:

UMtun! alry s St. Cradx I - c f St'-kzs & St. Xdm

Grado whqzz2 at.

.22.11 tar two-1)31 rcr tL9Qe.__

Grede C (Pl) . (9) 0.1I 11 CIL r cr,...... (9. 0.43 V.CIfcr cch.1,Cu.ll t'cr tt c--..

'Urade - __. 0.muV 7r0taL .. (100 0X5 kr cah.

l'Ilw ±e~zia purelu r 'b r te t-.fVzn tay r =jS fui1r. tUt In ESCvt m tb rceeeedt.

waximum retail pile rcr ie-

(1) Persons located in St. Croix maysell locally produced eggs at wholezale topersons located outside St. Croix at prlcnnot exceeding the maximum prices atwholesale In effect n St. Croix.

(b) Maximum prices for importedeggs in the Virgin Islands of the UnitedStates:

*Copics may be obtained from the Oflce ofPrice Administration.

17 P.R. 6428, C906, 8239, 8131, 6 0, E43,8948. 9197, 9342, 9343, 9785. 9971, 9972. 10420,10619, 10718, 11010; P.R. 10CO, 332-, 4752, EC$i,5755, 5933, 6304, 8500.

(1) Unbroken egs imported into theVirgin Islands of the United States fromAnegada, Tortola, and all other islandsof the West Indi"P not belonging to theUnited States:

Ssiz at Wholezala:(1).-

Sares at Fetaile azer)

'The vhcleole price Is subject to agree-mcnt bctwcen buyer and sEler, but In noevent may the price ezceed tk rmzaum.retall price for the grade.

2 8 P.R. 0&.1.

SS73


(2) All other unbroken eggs importedinto the Virgin Islands of the UnitedStates:

Sales at retail. Importer's direct cost perdozen plus 13 centa per dozen.

Importers other than sellers at fetailshall supply the purchaser with a state-ment of the direct cost of the eggs to theimporter.

(c) Maximum prices for cracked eggsshall be computed by deductink the cus-tomary price differentials from the maxi-mum prices for unbroken eggs of thesame grade.

(d) When used in this Table II theterm:

(1) "Sale at retail" means a sale toan ultimate consumer or to an indus-trial or commercial user

(2) "Sale at wholesale" means a saleby any person who buys the commodityand resells It, without substantially

changing its form, to any person otherthan an ultimate consumer or an in-dustrial or 6ommercial user.

(3) "Eggs" or "shell eggs" means theeggs of the fowl known as the domesticor barnyard hen.

(4) "Locally produced eggs" meanseggs produced in the Virgin Islands ofthe United States.

(5) "Imported eggs"' means eggs im-ported from outside the Virgin Islandsof the United States.

(6) 'Direct cost to the seller" meansthe price which the seller paid for thecommodity, less discounts allowed tr theseller plus all costs of shipment actuallyincurred by the seller:Provided, That in computing the costsof shipment incurred by the seller, warrisk insurance costs shall not exceed theamount represented by the charge forwar risk insurance by the War ShippingAdministration on an identical shipment.

finiamuzh netweight per dozen Other characteristics

(ounces)

G rado A- .........- 24 _-----------Grade B ---------- 20 -------------- Of good quality, clean, uncracked, systematically sorted and grouped IntoGrade 0 (Pullet) ... 16 -------------- eggs of approximately uniform size.Select --------------- 28 ............Ungraded ..------- Not definite .... Of good quality, uncracked, but not necessarily thoroughly cleaned or

systematically sorted and grouped into eggs of approximately uniformsize.

!'Cracked" -------- Not definfte_.. Saleable eggs, the shells of which arc fractured.

This amendment shall become effec-tive July 10, 1943.(Pub. Laws'421 and 729,77th Cong.; E.O.9250, 7 FR. 7871)

Issued this 26th day of June, 1943.PRENTISS M. BROWN,

Administrator.

iF. n. Doc. 43-10331: Filed; June 26, 1943;2:37 p. m.]

PART 1340-FUEL[RPS 88,1 Arndt. 1111

PETROLEUM AND PETROLEUM PRODUCTS

A statement of the considerations in-volved in the issuance of this amend-ment, issued simultaneously herewith,has been filed with. the Division of theFederal Register.*

Section 1340.159 (b) (16) is added toread as follows:

(16) Notwithstanding any other pro-visions of paragraph (b) above, whenwaste lubricating oil or re-refined lubri-cating oil is sold for use as fuel oil, aseller may not charge and a buyer maynot pay a price therefor until a maxi-mum price has been approved in writingby the Office of Price Administration.Applications for such approval must be


18 F.R. 3718, 3841, 3845, 4130, 4131, 4252,4334, 4&783, 4840, 4918, 5386, 6044, 6120, 6543,6617, 6673, 6849, 7199, 7264, 7350, 7382, 7489,8184, 8377.

made in writing to the Petroleum Branchof the Office of Price Administration,Washington, D. C., and shall contain thesame information as is required Tor anapplication under § 1340.159 (b) (7).

This amendment shall"become effec-tive fune 26, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 P.R. 7871)


Administrator.IF. R. Doe. 43-10329; Piled, June 26, 1943;

2:37 p. m.]

PART 1412.:-SoLvENTS[?PR 37,1 Amdt. 5]

BUTYL ALcOHOL

A statement of the considerations in-volved in the issuanced of this amend-ment, issued *simultaneously herewith,has been filed with the Division of theFederal Register.*

The present text of § 1412.103 is desig-nated paragraph (a), and a new para-graph (b) is added to read as follows:

(b) From July 1, 1943 and until thisauthorization is revoked or until August31, 1943, whichever Is earlier, producersof normal fermentation butyl alcoholand normal fermentation butyl acetatemay deliver or agree to deliver normal

17 P.R. 6657, 7001, 7910, 8941, 8948.

grain fermentation butyl alcohol andnormal grain fermentation butyl acetateat the maximum prices In effect at thetime of such delivery or agreement todeliver, subject to upward adjustmentin accordance with any action taken bythe Office of Price Administration afterdelivery and before August 31, 1943,

This amendment shall become effec-tive as of July 1, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O,9250, 7 P.R. 7871)

Issued this 26th day of June 1943.PRENTIss M. BRowN,

Administrator

[P. R. Doe. 43-10330; Filed, Juno 20, 104312:37 p, m.]

TITLE 33-NAVIGATION AND NAVI-GABLE WATERS

Chapter I-Corps of Engineers, WarDepartment

PART 203-BRIuDG REGULATIONS

CALCASIEU RIVER HIGHWAY DRIDO2, LAIECHARLES, LA.

Pursuant to the provisions of section5 of the River and Harbor Act of August18, 1894 (28 Stat. 362; 33 U.S.C. 499),the following special regulations are pre-scribed to govern the operation of theState of Louisiana highway bridge cross-ing the Calcasieu River at Lake Charles,Louisiana.

§ 203.509 Calcasieu River, La.; Stateof Louisiana highway bridge, In LateCharles, La. (a) The owner or agencycontrolling the bridge shall not be re-quired to open the drawspan between thehours of 6:00 a. In. and 7:00 a. m. andbetween the hours of 5:00 p. m. and 6:00p. m. Vessels of the United StatesGovernment, or vessels such as fire tugsand other vessels, desiring passage be-cause of an emergency during the closedperiods, shall sound four distinct blasts

-of a whistle, horn or megaphone. Whenweather conditions prevent hearing thesound signals, suctf vessel shall signalfor opening by raising and lowering ina vertical plane a number of times, alighted lantern at night and a flag byday.

(b) These regulations are supple-mental to the rules and regulations togovern the operation of drawbridgescrossing "All havigable waterways of theUnited States discharging their watersinto the Atlantic Ocean south of and in-cluding Chesapeake Bay and the Gulf ofMexico, excepting the Mississippi Riverand its tributaries." (28 Stat, 362; 33U.S.C. 499) [Spec. Regs. 14 June 1943(CE 823 (Calcasieu R. - Lake Charles,La. - Ai. 43.5) -- SPEKH) I[SEAL] H. B. LEwIs,

Brigadier General,Acting The Adjutant General

IF. R. Doc. 43-10254; Filed, Juno 20, 1943;9:21 a. in.]

8&74

FEDERAL REGISTER, Tuesday, Juhe 29, 1943

TITLE 4?2-PUBLIC HEALTH

Chapter I-Public Health Service,Federal Security Agency

[Amdt. 7]

PART 12-INTERsTATE QuARANTINE

SHIPIENT OF SHAVING OR LATHER BRUSHES

Pursuant to the provisions of section3 of the act of February 15, 1893, 27 Stat.450, as amended (42 U.S.C. 92), § 12.14of the Interstate Quarantine Regulationsof the United States, 42 CFR 12.1, etc., shereby amended to read as follows:

§12.14 Shipment of shaving or latherbrushes. No person, firm, or corporation,hall offer for shipment in interstatetraffic, and no common carrier shall ac-

cept for shipment or shall transport ininterstate traffic, any shaving or latherbrush manufactured after the effectivedate of this amendment unless manu-factured In accordance with the follow-ing methods:

(a) Shaving or lather brushes shall bemade only from hair or bristles knownto be free from anthrax spores.

(b) To insure that such hair or bristlesare free from anthrax spores each man-ufacturer of shaving or lather brushes.shall secure a permit from the UnitedStates Public Health Service certifyingthat his plant has been inspected by arepresentative of the United States Pub-lic Health Service and that the followingplant procedures and measures of effec-tive sterilization for all hair and bristles

'used by him in the manufacture of shav-ing or lather brushes are carried outeither in the manufacturer's plant or inanother plant:

(1) Sterilization of hair or bristles usedin the manufacture of shaving brushes isaccomplished by exposure to steam underpressure at a minimum temperature of1180 C. for 70 minutes or at a minimumtemperature of 120 ° C. for 60 minutes.Steam-temperatures are measured at thelowest point in the autoclave near theexhaust line by both an indicating ther-mometer and a recording thermometerof design and accuracy approved by theUnited States Public Health Service.The temperature shown by the recordingthermometer is checked by the autoclaveoperator against the temperature shownby the indicating thermometer, and thereading of the indicating thermometeris entered permanently on the recordingthermometer chart for each sterilization.The recording thermometer is kept ad-justed so as at no time to read higherthan the indicating thermometer.

Hair or bristles during the process ofsterilization in the autoclave are tied inunwrapped bundles whose maximumdiameter does not exceed 21A inches, orare placed untied in the autoclave in amanner approved by the United StatesPublic Health Service. Bundles of hairor bristles are placed in racks in the auto-clave in single layers, and successive lay-ers are hot in contact.

(2) In lieu of the procedure given inparagraph (1) the following sterilizationmethod may be used for badger hair:

The hair is sterilized by boiling in waterat a temperature of 100' C. for 3 hours.The hair is placed loose in racks for boil-

ing or in loosely tied bundles not exceed-ing 2L inches in maximum diameter.An indicating thermometer is availablefor observing temperature of the waterduring the sterilization. At the begin-ning of boiling and at hourly Intervalsthereafter the temperature of the wateris taken and time and temperature notedin a record book for each sterilization.

(3) Sterilized hair and bristles arestored apart from unsterilized hair andbristles in clean containers and the lotof hair or bristles from each sterilizationis labeled with the date, method of ster-ilization used, and the name and locationof the establishment in which sterilized.Permanent records of this Information,the recording thermometer charts foreach steam sterilization and the time-temperature record for each boiling ster-ilization are kept.

(4) Mixing machines, equipment, andfixtures used for handling or procesingsterilized hair or bristles are not used forhandling or processing hair or bristleswhich have not been sterilized.

(5) All shaving or lather brushes aremarked permanently with the name ofthe manufacturer or with an Identifyingmark registered with the United StatesPublic Health Service.

(c) Amendment No. 6 to the Inter-state Quarantine Regulations of theUnited States as amended on April 22,1943, Is hereby rescinded, and § 12.14 astheretofore existing shall remain In forceuntil the effective date hereof.

(d) This section as amended shall be--come effective on November 1, 1943, ex-cept paragraph (c) which shall becomeeffective immediately.

Surgeon General.Jmrn 24, 1943.Approved: June 25, 1943.

PAUL V. MCNUrv,Administrator,

Federal Security Agency.

iF. R.-Doc. 43-10359; Fied, June 28, 19-43;11:18 a. m.]

TITLE 43-PUBLIC LANDS: INTERIOR

Subtitle A-Office of the Secretary of theInterior

Lsn GUnRSzL RE RE TOIIAL D=-. on-STRTIO" PROJECT LIMRS, WYO.

ORlDER TRANSFrRING ADMHIMSTIT

Order transferring administration ofLake Guernsey Recreational Demonstra-tion Project Lands, Wyoming, from theNational Park Service to the Bureau ofReclamation.

Pursuant to the authority contained Inthe act of June 6, 1942 (Public Law 594,77th Cong, 2d sess.), It is ordered, That,subject to existing leases, licenses, andeasements, the following described landswithin the Lake Guernsey RecreationalDemonstration Project In the County ofPlatte, State of Wyoming, together withthe improvements thereon, now admin-istered by the National Park Service,are hereby transferred to the Bureau of

Reclamation for administration and useby the said Bureau in connection withthe Guernsey Reservoir, Wyoming:

T. 27 IT, n. c W.

Se.7, SE TEI and EISSZ§s;sec. 8. SMJRw"ssee. 15; IM4SE11;S-c. 22, E E7E?'A, and NE!, SEFj,Ecc. 28, NSSE14,, and IM,4, except a right-

of-way of the Chicao, Burlington andQuincy Ralroad. deccribed as followz:A &trip of land 200 feet in width rhosacenter line is deccrib. as follows: Ee-gining at a point on the north line ofs$ction 23, 2.070 feet east of the northquarter comer, said point being on acurve whoe tangent at this point bearsSouth 49 degrees 2 minutes East; thencealong a 2 degree curve to the right fora distanca of 52.7 feet; thence along aspiral to the right for a distance of 200feet: thence South 46 degrees 00 min-utes East for a distance of about 1,230feet to a point on the east line of sec-tlon 28, rsid excepted tract containingG.8 acres, more or less.

Dated: June 7, 1943.HAROLD L. Ic=rs,

Secretary of the Interior.Approved: June 8, 1943.

FRANN D RCOsEVEZTThe White House.

IF. F. Dc. 43-10342; Filed, June 28, 1943;10:16 a. m.l

TITLE 46--SHIPPING

Chapter IV-War Shipping Administration

[General Order 6, Revi ed. Supp. 11PaR 305--Iu1sURMCn

WAR n CARGO, HULL AND CR W INSURANCI

Correctiit

The following changes should be maden the document appearing on page 8723of the issue for Friday, June 25, 1943.In the sixth line of paragraph (b) v)of Clause 1 of the Facultative Policy astet forth In § 305.22, "governmentV'should read "governmental". In the nextto the last line of paragraph (d) ofClause 1 of the "Warshipopencargo"'policy form as set forth in § 305.118,"sall" should read "shall".

TITLE 49-TRANSPORTATION ANDRAILROADS

Chapter I-Interstate CommerceCommission

[Service Order 131-A]

PART 97-Rorno oF TaArc

FLOOD COIMONS

At a session of the Interstate Com-merce Commission, Division 3, held atits office in Washington, D. C., on the26th day of June, A. D. 1943.

Upon further consideration of the pro-visions of Service Order No. 131 of June16,1943, and good cause appearin. there-for: It is ordered, That:

8875


§ 97.8 Flood conditions. Effective at12:01 p. in., June 26, 1943, this sectionis hereby vacated and set aside.

Irt is further ordered, That copies ofthis order and direction be servedupon the Canadian National Railwaysand Grand Trunk Railway, the Associa-tion of American Railroads, Car Serv-ice Division, . as agent of all railroadssubscribing to the car service and perdiem agreement under the terms of thatagreement; and that notice of thisorder be given to the general public bydepositing a copy thereof in the officeof the Secretary of the Commission atWashington, D. C., and by filing it withthe Director, Division of the FederalRegister, The National Archives.

By the Commission, Division P.[SEAL] W. P. BARTEL,

Secretary.

IF. R. Doe. 43-10363; Filed, June 28, 1943;11:25 a. m.]

Chapter II-Office of Defense

Transportation

[General Permit ODT 17-25]

PART 521-CONSERVATION OF MOTOR EQUIP-LIENT-EXCEPTIONS, PERMITS, AND EX-EMPTIONS

RETAIL DELIVERIES OF CUT FLOWERS

§ 521.2901 Retail deliveries of cutflowers. (a) Any motor carrier mayoperate a motor truck, for the purpose ofmaking retail deliveries of cut flowers,between the same points of origin anddestination once during any calendarweek, or twice when the destinationpoint is a hospital: Provided, That inperforming such operations the motorcarrier shall comply with the followingconditions:

(1) Each package or lot of flowers sodelivered shall exceed forty-two (42)inches in combined length (i. e., the dis-tance in a straight line between the endsof the package or lot) and girth (i. e.,the distance around the package or lotat the thickest portion) or shall weighmore than three pounds.

(2) The motor carrier shall reduce themileage operated by his motor trucks inthe retail delivery of cut flowers, in eachcalendar month and in respect of eachoperating unit, to an amount that is 70per cent less than the motor truck mile-age he operated in that operating unit,in the retail delivery of cut flowers, dur-ing the corresponding calendar month of1941.

(3) The motor carrier shall not makemore than one retail delivery of cut flow-ers to the same person during anycalendar week.

(b) Any motor carrier engaging inthe retail delivery of cut flowers andcomplying with the conditions pre-scribed in paragraph (a) above shallbe relieved, to the extent therein pro-vided, from the provisions of paragraph(b) of § 501.75 (limiting the number ofmotor truck operations), subparagraph(1) of paragraph (a) of § 501.76 and

Appendix No. 2 (limiting the frequencyof deliveries weekly), atid subparagraph'(3) of paragraph (a) of §501.76 (speci-fyIng the size and weight of goods fordelivery) of General Order ODT 17, asamended.(E.O. 8989, 9156; 0 P.R. 6725, 7 F.R. 3349;General Order ODT 17, as amended, 7F.R. 5678, 7694, 9623, 8 F.R. 8278, 8377)

This General Permit ODT 17-25 shallbecome effective on June 26, 1943.

Issued at Washington, D. C., this 25thday of June 1943.

JOSEPH B. EASTMAN,Director,

Offlce of Defense Transportation.

[R. R. Doc. 43-10261; Pied, June 26, 1943;10:45 a. m.]

[General Permit ODT 17-261

PART 521--CONSERVATION OF MOTOR EQUIP-IIENT-ExcEPTiONS, PERMITS, AND Ex-EPAPTIONS

RETAIL DELIVERIES OF PROPERTY SOLD BYPERSONAL SOLICITATION OR FROM MOTORTRUCKS

§ 521.2902 Retail deliveries of prop-ert y sold by personal solicitation or frommotor trucks operated on establisheddelivery routes or within established de-livery areas-(a) General outline. Motorcarriers engaged in making retail deliv-eries of property sold by personal solici-tation, or sold-from .motor trucks, areauthorized, by this General Permit tomake call backs, and to make retail de-liveries regardless of the size or weightof the property delivered, if the motorcarrier performs such operations (1) onlyon or within established delivery routesor areas, (2) on only one day in eachtwo calendar weeks on each route orwithin each area, and (3) if no morethan ten per centum (10%), by weight,of the property to be delivered by eachtruck on any day consists of commodi-ties of which the retail delivery is lim-ited to once in each calendar week by§ 501.76 of General Order ODT 17, asamended. The operations authorized bythis permit are optional. Any carrierchoosing not to make call backs or deliv-eries allowed hereby need not conformhis operations to the terms of this per-mit. His operations, in such event, willbe governed by the requirements of Gen-eral Order ODT 17, as amended.

(b) Call backs and retail deliveries al-lowed on certain conditions. Any motorcarrier may operate motor trucks for thepurpose of selling property therefrom atretail and of soliciting or taking ordersfor such sale of property to be deliveredby truck at some future date, and maymake retail deliveries of property so or-dered or sold regardless of -the size orweight of such property: Provided, Thatin performing such operations the motorcarrier shall comply with the followingconditions:

(1) Motor trucks used for such pur-pose shall.be operated only on deliveryroutes or within delivery areas estab-lished by such carrier in accordance with

paragraph (a) of § 501.75 of General Or-der ODT 17, as amended.

(2) The motor carrier shall operate forsuch purpose no more than one day Ineach period of two consecutive calendarweeks on each route or within each de-livery area.

(3) No motor truck shall be operatedfor such purpose if more than ten percentum (10%), by weight, of the prop-erty to be delivered by that truck on thatday consists of any commodity or com-modities, the retail delivery of which ilimited to once in each calendar week by§ 501.76 of General Order ODT 17, asamended.

(c) Relief from certain provisions ofGeneral Order ODT 17, as amended.'Any motor carrier operating motortrucks for the purposes described, andcomplying with the conditions pre-scribed, in paragraph (b above shall berelieved to the extent therein provided,from the provisions of paragraph (b) of§ 501.68 (prohibiting any call back), andsubparagraph (3) of paragraph (a) of§ 501.76 (specifying minimum size orweight of goods for retail delivery), ofGeneral Order ODT 17, as amended,(E.O. 8989, 9156; 6 P.R: 6725, 7 F. R. 3349;General Order ODT 17, as amended, 7P.R. 5678, 7694, 9623, 8 FR. 8278, 8377)

This General Permit ODT 17-26 shallbecome effective on June 26, 1943.


JOSEPH B. EASTMAN,Director,

Office of Defense Transportation.

[F. R. Dec. 43-10352; Piled, Juno 28, 1013111:09 a. m.]

TITLE 50--WILDLIFEChapter I-Fish and Wildlife ServiceSubchapter Q-Alnaka CommercIal F9I1terlos

SALMON TRAPS

PART 211-PRINCE WILLIAM SOUND AREAFISHERIES

Effective only through December 31,1943, § 211.12 is hereby amended as fol-lows:

§ 211.12 Areas open to salmon, traps.Paragraphs (f), (n), and (r) are herebysuspended, and paragraphs (a) and(bb) are amended to read as follows:

(a) Knight Island, (1) from a point onthe southeast coast at 60 degrees 9 Inin-utes 50 seconds north latitude southerlyto Point Helen, and (2) from a point atthe entrance to Little Bay at 60 degrees10 minutes 45 seconds north latitude, 147degrees 49 minutes 35 seconds west lon-gitude, northerly to a point at 60 de-grees 11 minutes 15 seconds north lati-tude, 147 degrees 50 minutet 40 secondswest longitude.

(bb) Montague Island: Northern coastfrom a point at 60 degrees 21 minutes00 seconds north latitude, 147 degrees 11minutes 32 seconds west longitude to apoint at 60 degrees 21 minutes 41 secondsnorth latitude, 147 degrees 9 minutes 47seconds west longitude.

8876


PART 222-SOUTEASTERI ALASKA AREA, ICYSTRAIT DISTRICT, SALTON FISHEIES

Effective only through December 31,1943§ 222.16 -is hereby amended as fol-lows:

§ 222.16 Areas open to salmon traps,paragraph (m) is hereby suspended, andparagraphs (b), -(k), and (1) areamended-to read as follows:

(b) Inian Islands: Along the coast (1)within 2,500 feet of a point at 58 degrees16 minutes 18 seconds north latitude, 136degrees 20 minutes 27 seconds westlongitude, and (2) within 2,500 feet of a-point on the northwestern island at 58degrees 15 minutes 34 seconds north lati-tude, 136 degrees 23 minutes 35 secondswest longitude.

(k) Mainland: Along the coast on theeast side of Excursion Inlet (1) from 58degrees 17 minutes 18 seconds north lati-tude southward to 135 degrees 16 minutes30 seconds west longitude, and (2) froma point at 58 degrees 13 minutes 30 sec-onds north latitude southward to 135 de-grees 8 minutes 31 seconds west longi-tude.

(1) Chlchagof Island: Northeasterncoast from 135 degrees 20 minutes west

-longitude to 135 degrees 11 minutes 11seconds west longitude.

PART 223-SOUTHEASTEP ALASKA AREA,WESTERN DISTRICT, SALMON NISHERIES

Effective only through December 31,1943, § 223.19 is hereby amended as fol-lows:

§ 223.19 Areas open to salmon traps,paragraph (i) and (j) are amended toread as follows:

(i) Mansfield Peninsula: West coast(1) from a point at 58 degrees 12 minutesnorth latitude.southward to 58 degrees 10minutes 45 seconds north latitude, and(2) from 58 degrees 9 minutes 37 secondsnorth latitude to the southern extremityof the-Peninsula at the north side of theentrance to Hawk Inlet.

Qi) Admiralty Island: West coast (1)from 58 degrees 38 minutes 7 secondsnorth latitude to 58 degrees 38 minutes45 seconds north latitude, (2) from 57degrees 40 minutes 47 seconds north lati-tude to 57 degrees 43 minutes 45 secondsnorth latitude, (3) from 57 degrees 50minutes 2 seconds north latitude to 57degrees 51 minutes 7 seconds north lati-tude, (4) from 57 degrees 54 minutes 30Seconds north latitude to 57 degrees 55minutes 30 seconds north latitude, and(5) from 57 degrees 58 minutes northlatitude to 58 degrees 2 minutes 7 secondsnorth latitude.

(Sec. 1, 44 Stat. 752; 48 U.S.C. 221)OSCAR L. CHArsns,Assistant Secretary.

Jrux 19, 1943.[F. R. Doc. 43-1033; Filed, June 28, 1943;

10:09 a. In.]

Notices

DEPARTMENT OF STATE.

PuB ic NoncE oF TRADE-AonRsurnu NZ-GOTIIONS WITH PARAGUAY

Pursuant to section 4 of an act of Con-gress approved June 12, 1934, entitled"an Act to Amend the Tariff Act of 1930".as extended by Public Law 66, approvedJune 7,1943, and to Executive Order 6750,of June 27, 1934, I hereby give notice ofintention to negotiate a trade agreementwith the Government of Paraguay.

All presentations of information andviews in writing and applications for sup-plemental oral presentation of views withrespect to the negotiation of such agree-ment should be submitted to the Com-mittee for Reciprocity Information in ac-cordance with the announcement of thisdate issued by that Committee concern-ing the manner and dates for the sub-mission of briefs and applications, andthe time set for public hearing.

CODELL HULL,Sccretarv of State.

JuNE 23, 1943.[F. R. Dc. 43-10335; Filed, June 20. 1M43:

3:33 p. m.]

Committee for Reciprocity Informa-tion.

TADE-AGR M NEGoTrMoZ.s WnuPARAGUAY

NOTICE OF BXARRIG BEFORE COMRnITrEE FORnEcn'aocrr niron=Trou

Closing date for submission of briefs,July 23, 1943; closing date for applicationto be heard, July 23,1943; public hearingsopen, August 4, 1943.

The Committee for Reciprocity Infor-mation hereby gives notice that all infor-mation and views in writing, and all ap-plications for supplemental oral presen-tation of vlei, in regard to the negotia-tion of a trade agreement with the Gov-ernment of Paraguay, of which notice ofintention to negotiate has been issued bythe Secretary of State on this date,shallbe submitted to the Committee for Reci-procity Information not later than 12o'clock noon, July 23. 1943. Such corn-

munclations should be addressed to "TheChairman, Committee for ReciprocityInformation, Tariff Commission Build-ing, Eighth and E Streets NW., Washing-ton 25, D. C."

A public hearing will be held, begin-ning at 10 a. m. on August 4, 1943, beforethe Committee for Reciprocity nforma-tion, in the hearing room of the TariffCommslsion in the Tariff CommissionBuilding, where supplemental oral state-ments will be heard.

Six copies of written statements, eithertypew.ritten or printed, shall be submit-ted, of which one copy shall be sworn to.Appearance at hearings before the Com-mittee may be made only by those per-sons who have filed written statementsand who have within the time pre-scribed made written application for ahearing, and statements made at suchhearings shall be under oath.

By direction of the Committee forReciprocity Information this 23d day ofJune 1943.

EDWARDtsYAnmLuv,Secretary.

Jum 23, 1943.

L7.T or Pnonucrs o: Wn=H Tr Uin=SrATEs WiLL Coz~sinr Ga=xrnco Co.sczs-sIOS TO PA.ACUAT

No=-: The rates of duty Indicated arethee now applicable to products of Para-guay. Where the rate 1s jone which has beenreduced pursuant to a previous trade agree-meat by Z9 percent (the maximum permittedby the Trade Agreements Act) It is indicatedby the rbol MR. Where an item has beenbound free of duty In a previous trade agree-ment, it I- indicated by the symbol B.

For the purpoca of facilitating Identifica-tion of the article. listed, reference Is madeIn tho list to the paragraph numbers of thetariff echduleu In the Tariff Act of 1930 orof the ectlons of the Internal Revenue Code.The deccriptive phraseology Is, however, Insoveral casEes limited to a narrower field thinthat covered by the numbered tariff para-graph. In such caces only the articles cov-ered by the descriptive pbiaseclogy of thelist will come under conslderqfon for theCranting of concessions.

In the event that articles which are atpresent regarded as cla fiable under thedescriptlons included In the list are excludedtherefrom by judicial decision or otherwiseprior to the conclusion of the agreement, thelist will nevertheless be considered as In-

cluding such articles.

U ated States ITarff~ofK,]JPr~cnt ratecfduty SymnbolTariff ActotiVij DcrcePtrn clartfeo rrtrt fdt- yb

23 .... .

MatN, aturl and umccnsn:d', tut c~rnc " In vnlue orcondition by r&hrcdls,, g'id l n. cblrvia2o -mhIc2. or anyoctbr prcers or trntmctrh31cr tcre i that c:cntWi torrorpcr pacr,7 a,I the r-rovecntl of da3y or dc!z-Isrlaapcading man"u'clure, inc ~~7ala~cbfr0e.

Extracts, dyclrZ and bnn', rst ccnalanr3 amibhhqucbracho..

5%sd vaL................

ad val.

UiR

Z3'. r. - --- -- I bs3 ........... I Or, c~tl: ci ntaL, r. t on.....g . and r ,t .

Gpralally proided fln aI GUIhO cs1CIL ... ............ s.......... M E

Ersenee of Oua an (C-, a 1 3lb mc !a: e ) _ 12;% d va1....... M R0L ... Taw-..... ..... . ... TallIb.ow ------------------. MR70 5. ...- ...... Extra t ci t. lclud g .. .... . .. . . .. 7Ylt cr Ib.... . IR

-rcj~rcdCr roi, at cyelly rrvfd fr(c 5cr lb., t not UP MIn/ C p Cttt tn d I 1s __ ad . trttncuwItn ithtcr eact trcethn3C o val.

I Maximum reduction In zpedIc ite In trade c2rcmcnts n-.- Armcantla and Urua-y, cf-calve Noavember 15,191andJlr.ary,194-3,rL-cilrly. Ad rclfaeen rate L3 tha^t rovicd f:r by the Texf7 Act ctl e.

SS77


United StatesTariff Actof 1930 Description of article Present rate of duty Symbol

paragraph

802 . Rum, in containers holding each one gallon or less -------------... $2.50 ler proof gaL.. R

1500(a)-... Hides and skins of cattle of the bovine species (except hides and 60 ad val.1§R -skins of the India water buffalo imported to be used In themanufacture of rawhide articles), raw or uncured, or dried,salted, or pickled.

1002 ------------ M at, natural and uncompounded and in a crude state, not ad- Free --------------- Bvanced in value or condition by shredding, grinding, chippingcrushing, or any other process or treatment whatever beyondthat essential to pro per packing and the prevention of decayor deterioration pending manufacture, not containing alcohol.

162z ------------ Blood, dried not specially provided for ------------------------ Free -------------- B1627 ------------ Bones: Crude, steamed, or ground; bone dust, bone meal, and Free. ....----------- B

bone ash; and animal carbon suitable only for fertilizing pur-poses.

1670 ------------ Dyeing or tanning materials, whether crude or advanced in Free --------------- Bvalue or condition by shredding, grinding, chipping, crushing,

' or any similar process, not containing alcohol:Quebracho wood ----------------------------------------- Free --------------- BBark of currupay (Piptadenia rigida Benth.) --------------- Free .............

1651 ------------ Furs and fur skins, not specially provided for, undressed:Fox (other than silver or black fox) ------------------------- Free --------------- BOtter -------------------------------------------------------- Free --------------- BOcelot ------------------------------ - --- Free --------------- BWildcat -------------------------------------- ------- Free --------------- BNutria ----------------------------------- Free --------------- BJaguar ------------------------------------------------------ Free ............

1635 ----------- Tankage of a grade used chiefly for fertilizers, or chiefly as an Free -------------- BIngredient In the manufacture of fertilizers.

1OS ------------ Hair of horse and cattle (including calf), cleaned or uncleaned, Free -------------- Bdrawn or undrawn, but unmanufactured, not specially pro-vlded for.

16093 ----------- Hoofs, unmanufactured ----------------------------------------- Free --------------- B1691 ............. Horns and parts of including horostrips and tips, unmanu- Free -------------- B

factured.1731 ------------ Oils, distlled or essential, not containing alcohol:

Lemon-grass ----------------------------------- ---------- Free ...............Pettigram ------------------------------------.----------- Free .............

1755 --------- Sausage casings, weasands, Intestines, bladders, tendons, and Free --------------- Binteguments, not specially provided for.

1765 ------------ Skins of all kinds, raw, and hides not specially provided for:Deer skins, raw -------------------------------- -Free- . BCarpincho ----------------------------------------- BFre--BWild pig and wild hog ----------------------- Free

1780 ------------ Tankage, unfit forbuman consumption ------------ - Free- ... B

Internal Rove- Present rate of im- Symbolnuo Code see- Description of article portt S b

tign

2491 (a) --------- Tallow, fatty acids derived from tallow, and salts of the fore- 1 jd per lb. and 31 MR ingoing; all the foregoing, whether or not refined, sulphonated, per lb. part ksulphated, hydrogenated, or otherwise processed.

I The rate of import tax on tallow was reduced from 20 per lb. to 13 rer lb. in the trade agreements with Argen-tina and Uruguay, effective November 15,1941 and January 1, 1943, respectively. The rate of tax on the other itemsIs that provided for by section 2491 (a) of the Internal Revenue Code.

IF. R. Doc. 43-10334; Filed. June 26, 1943; 3:33 p. in.] -

TREASURY DEPARTMENT.

Fiscal Service; Bureau of the PublicDebt.

[1943 Dept. Circ. 71611 /2 PERCENT TREASURY NorEs OF SERIES

A-1947I, OFFERING OF NOTES

JUrNE 28, 1943.1. The Secretary of the Treasury, pur-

suant to the authority of the SecondLiberty Boidd Act, as amended, Invitessubscriptions, at par and accrued inter-est, from the people of the United Statesfor notes of the United States, deSig-nated 1 percent Treasury Notes ofSeries A-1947. The amount of the of-fering is $2,500,000,000, or thereabouts.

II. DESCRIPTION OF NOTES1. The notes will be dated July 12,

1943, and will bear interest from thatdate at the rate of 11/2 percent per an-num, payable on a semiannual basis onSeptember 15, 1943, and thereafter onMarch 15 and September 15 in eachyear until the principal amount becomespayable. They will mature September15, 1947, and will not be subject to callfor redemption prior to maturity.

2. The income derived from the notesshall be subject to all Federal taxes,now or hereafter imposed. The notesshall-be subject to estate, inheritance,gift or other excise taxes, whether Fed-eral or State, but shall be exempt fromall taxation now or. hereafter imposedon the principal or interest thereof byany State, or any of the possessions ofthe United States, or by any local taxing.authority.

3. The notes will be accepted at parduring such time and under such rulesand regulations as shall be prescribedor approved by the Secretary of theTreasury in payment of income and.profits taxes payable at the maturity ofthe notes.

4. The notes will Pe acceptable to se-cure deposits of public moneys.

5. Bearer notes with interest couponsattached will be issued in denominationsof $500, $1,000, $5,000, $10,000, $100,000and $1,000,000. The notes will not beissued in registered form.

6. The notes will be subject to thegeneral regulations of the Treasury De-partment, now or hereafter prescribed,governing United States notes.

fT. SUBSCRIPTION AND ALLOTMENT

1. Subscriptions will be received atthe Federal Reserve Banks and Branchesand at the Treasury Department, Wash-ington. Subscribers must agree not tosell or otherwise dispose of their sub-scriptions, or of the securities which maybe allotted thereon, prior to the closingof the subscription books. Banking in-stitutions generally may submit sub-scriptions for account of customers, butonly the Federal Reserve P3anks and theTreasury Department are authorized toact as official agencies. Others thanbanking Institutions will not be per-mitted to- enter subscriptions except fortheir own account. Subscriptions frombanks and trust companies for their ownaccount will be received without deposit.Subscriptions from all others must beaccompanied by payment of 2 percentof the amount of notes applied for.

2. The Secretary of the Treasury re-serves the right to reject any subscrip-tion, in whole or in part, to allot lessthan the amount of notes applied for,and to close the books as to any or allsubscriptions at any time without notice;and any action ' 3.may take in these re-spects shall be final. Subject to thesereservations, subscriptions for amountsup to and including $100,000 will beallotted In full, and subscriptions foramounts over $100,000 will be allottedon an equal percentage basis, to bepublicly announced. Allotment noticeswill be sent out promptly upon allotment.

IV. PAYMENT1. Paymnt at par and accrued inter-

est, if any, for notes allotted hereundermust be made or completed on or beforeJuly 12, 1943, or on later allotment, Inevery case where payment is not so com-pleted, the payment with application upto 2 percent of the amount of notekap-plied for shall, upon declaration niadeby the Secretary of the Treasury in hisdiscretion, be forfeited to the UnitedStates. Any qualified depositary will bepermitted to make payment by creditfor notes allotted to it for itself and itscustomers up to any amount for whichIt shall be qualified in excess of existingdeposits, when so notified by the FederalReserve Bank of its district.

V. GENERAL PROVISIONS1. As fiscal agents of the United

States, Federal Reserve Banks are au-thorized and request6d to receive sub-scriptions, to make allotments on thebasis and up to the amounts indicatedby the Secretary of the Treasury to theFederal Reserve Banks of the respectivedistricts, to issue allotment notices, toreceive payment for notes allotted, tomake delivery of notes on full-paid sub-scriptions allotted, and they may issueinterim receipts pending delivery of thedefinitive notes.

2. The Secretary of the Treasury mayat any time, or from time to time, pre-scribe supplemental or amendatoryrules and regulations governing the of-fering, which will be communicatedpromptly to the Federal Reserve Banks.

[ rSEAL] HENRY MORGENTHAU, Jr.,Secretary of the Treasury.

IF. R. Dce. 43-10262: Filed, Juno 26, 1048:10:46 a. in.]

8878


DEPARTIENT OF THE INTERIOR.

Bituminous Coal Division.

FARMERS ELEVATOR SERVICEORDER SUPPLEME4TING PREVIOUS ORDER

In the matter of the registration ofthe Farmers Elevator Service Company,Ralston, Iowa, as a bona fide and legiti-mate farmers' cooperative organization.

The above-named registrant havingcertified to the Division that the farm-ers' cooperative organization listed belowis a member of registrant and a bonafide and legitimaate farmers' cooperativeorganization:

It is ordered, That the list attachedto the order herein dated September 5,1941, as amended, be, and it is herebyfurther amended to include therein thename of the farmers' cooperative organ-ization listed below:Name: Address

Farmers Cooperative ElevatorCo ----------------- Holmes, IoWa.

Dated: June 25, 1943.[ISIL] DAN H. WHEELE,

Director.[P. R. Doc. 43-10348; Piled, June 28, 1943;

11:11 a,]L

[Docket xos. 1698-FD, 1788-FD]

SouTnER COAL CO., INP.ORDER REnrSTA=IfG REGISTRATION AS A

DISTRIUTOR

In the Matter of Southern CoalCompany, Inc. registered distributor,Registration No. 8561, respondent.

The reiastration of the above-named.respondent as a distributor having beensuspended for a period of thirty (30)days from May 23, 1943, by orders of theDirector in the above-entitled mattersdated May 8, 1943; and

Requests for reinstatement accom-panied by proper affidavits in com-pliance with § 304.15 of the Rules andRegulations for Registration of Dis-tributors and the terms and provisionsof said orders dated May 8, 1943, havingbeen duly fled with the Bituminous CoalDivision on June 18, 1943;

Now, therefore, it is ordered, That theregistration of the said Southern CoalCompany, Inc., as a distributor be, andthe same hereby is, reinstated effectiveas of June 23, 1943.

Dated: June 25, 1943.[Usssr -DAN H. WM=EER,

Director.[F. R. Doe. 43-10349; Filed June 28, 1943;.

:11-a. m]

[Docket No. A-20311

DISaRIC BOARD 19LMORANDU OPINION AM ORDER GRANT-

ING TELIPORARY RELIEF

In-the matter of the petition of Dis-trict Board No. 19 for the establishmentof price classifications and minimumprices for the coals of the Echeta Mine.

An original petition, pursuant to sec-tion 4 11 (d) of the Bituminous Coal Actof 1937, was filed with this Division by

the above-named party, requsting theestablishment of temporary price classi-fications and minimum prices for thecoals of the Echeta Mine, Mline Index No.245, of the Echeta Coal Company inSub-district 8 in District No. 19.

Petitioner requests the temporaryestablishment of the price classifcationsand minimum prices set forth In Its peti-tion, stating that until strip miningoperations are fully developed at theEcheta Mine. the trackage and loadingfacilities completed and freight ratesestablished, only temporary price class-fications and minimum price should beestablished therefor, and that subse-quently petitioner will furnish definiteinformation and an analysis as the basisfor the establishment of permanent priceclassifications and minimum prices.

Petitioner proposes that the same priceclassifications and minimum prices beestablished for the coals of the EchetaMine in the respective size groups forshipment by rail as are presently in effectfor comparable and analogous coals pro-duced In Sub-district 7 of District No.19. Although the Echeta Mine is actu-ally located in Sub-district 8, neverthe-less, the temporary relief proposed bypetitioner appears to be proper for thecoals of the Echeta-Mine.

It appearing that a reasonable show-Ing of necessity has been made for thegranting of temporary relief in the man-ner hereinafter set forth; and

No petitions of intervention havingbeen filed with the Division in the above-entitled matter; and

The following action being deemednecessary in order to effectuate the pur-poses of the Act;

It is therefore ordered, That pendingfurther order tempporary relief Is grantedas follows: Commencing forthwith, theschedule of effective minimum prices forDistrict No. 19 for all shipments is sup-plemented to include the price classlfica-tions and minimum prices set forth inthe schedule marked Supplement F, an-

-nexed hereto and hereby made a parthereof.

It is further ordered, That pleadings Inopposition to the original petition in theabove-entitlcd matter and applicationsto stay, terminate or modify the tem-porary relief herein granted may be filedwith the Division pursuant to the rulesand regulations governing practice andprocedure before the Bituminous CoalDivision In proceedings instituted pur-suant to section 4 11 (d) of the Bitumi-nous Coal Act of 1937.

Dated: June 25, 1943.[sEAL] D=r H. Wnrnrar,

Director.[F. I. DOC. 43-10380; iled, Juno 28, 1943;

11:11 a. m.l

[Docket No. A-20341

. F. KMnurwooNoTIcE OF AND oRDm roa mIENnna AND onasa

GRANTING TE=IPORAY PET

In the matter of the petition of R. F.Kirkwood for the establishment of priceclassifications and minimum prices andchange in shipping point for the coalsof Mine Index No. 1295, in District No.13.

The original petition in the above-en-titled matter which was fled with theDlvision by P. F. Kirkwcod, a code mem-ber, p t to section 4 11 (d) of theBituminous Coal Act of 1937. requests achange In the shipping point and theestablishment n certain size groups oftemporary price classifications and mini-mum prices for the coals produced byTucker Mine No. 15. Mine Index No. 1295of R. F. Kirlkwcod in District No. 13 forshipments by rail, applicable for all usesexcept railroad locomotive fuel, steam-ship bunker fuel and blacksmithing; forshipment to all railroads and for exclu-sive use of railroads: and for shipmentby railroad, applicable to all coal soldfor steamship vessel fuel; and that pend-ing a hearing of this request a temporaryorder be Issued granting such relief; and

It appearing that a reasonable showingof necessity has been made for the grant-ing of temporary relief in the mannerhereinafter set forth; no petitions of In-tervention have been filed with the Di-vision In the above-entitled matter; andthe following action being deemed nec-essaryn order to effectuate the purposesof the Act;

Now, therefore, it is ordered, That,pending further order temporary reliefbe, and the same hereby is granted asfollows: Commencing forthwith 'theschedule of effective minimum prices forDIstrict N1o. 13 for all shipments excepttruck is supplemented to include theprice classifications, minimum prices andother matter set forth In the schedulemarked Supplement R annexed heretoand made a part hereof.

It is further orderedI, That pleadingsin opposition to the original petition inthe above-entitled matter and applica-tions to stay, terminate or modify thetemporary relief herein granted may bemlied with the Division pursuant to therules and regulations governing prac-tice and procedure before the Bitumi-nous Coal Division in proceedings insti-tuted pursuant to section 4 11 (d) of theBituminous Coal Act of 1937.

It is ordered, That a hearing -in theabove-entitled matter under the appli-,cable provisions of said Act and the rulesof the Division beheld on August 3,1943,at 10 o'clock in the forenoon of thatday, at a hearing room of the Bitumi-nous Coal Division, 734 Fifteenth Street.N. W., Washington, D. C. On such daythe Chief of the Records Section in Room502 will advise as to the room where suchhearing will be held.

It is further ordered, That Travis Wil-liams, or any other officer or ofticers ofthe Division duly designated for thatpurpose shall preside at the hearing insuch matter. The officers so designatedto preside at such hearing are hereby -

authorized to conduct said hearing, toadminister oaths and affirmations, ex-"amine witnesses, take evidence, to con-tinue said hearing from time to time,and to prepare and submit proposedfindings of fact and conclusions'and therecommendation of an appropriate orderin the premises, and to perform all otherduties n connection therewith author-ized by law.

Notice of such hearing is hereby givento all parties herein and to persons orentities having an interest in this pro-ceeding and eligible to become a partyherein. Any person desiring to be ad-

SS79

FEDERAL REGISTER, Tuesday, June 29,1943

mitted as a party to this proceeding mayfile a petition of intervention in accord-ance with the rules and regulations ofthe Bituminous Coal Division for pro-ceedings instituted pursuant to section4 11 (d) of the Act, setting forth the factson the basis of which the relief in the'original petition is supported or opposedor on the basis of which orher relief issought. Such petitions of interventionshall be filed with the Bituminous CoalDivision on or before July 29, 1943.

All persons are hereby notified thatthe hearing in the above-entitled matterand any orders entered therein, mayconcern, in addition to the matters spe-cIfically alleged in the petition, othermatters necessarily incidental and re-lated thereto, which may be raised byamendment to the petition, petitions ofintervention or otherwise, or which maybe necessary corollaries to the relief, ifany, granted on the basis of this petition.

The matter concerned herewith is inregard to the petition of R. F. Kirkwood,a code member, for the establishment ofDrummond, Alabama, in lieu of Sumiton,Alabama, as the rail shipping point forthe coals of the Tucker No. 15 Mine, MineIndex No. 1295, of R. F. Kirkwood, inDistrict No. 13 and for the establishmentfor the coals of the said mine in SizeGroups 6, 12, 13, 17, 18, 20, 22 and 26,of the same price classifications andminimum prices as are applicable to thecoals of Mine Index No. 1369, in DistrictNO. 13, in these respective size groupsfor shipments by rail for all uses exceptblacksmithing.

Dated: June 25, 1943.[SEAL] DAN H. WHEELER,

Director.[F. R. Doe. 43-10351; Filed, June 28, 1943;

11:11 a. In.]

General Land Office.[Public Land Order 1401

FLORIDAORDER ENLARGING CHASSAHOVITZKA

NATIONAL WILDLIFE REFUGE

By virtue of the authority vested inthe President and in order to effectuatefurther the purposes of the MigratoryBird Conservation Act, 45 Stat. 1222(U.S.C., Title 16, sees. 715-715r), andpursuant to Executive Order No. 9337 ofApril 24, 1943, It is ordered as follows:

Subject to valid existing rights, thepublic lands within the following-de-scribed areas in Florida are hereby with-drawn from all forms of appropriationunder the public-land laws, includingthe mining laws, and are added to andreserved as a part of the ChassahowitzkaNational Wildlife Refuge, establishedunder the provisions of the aforesaidMigratory Bird Conservation Act:

TALLAHASSEE MlERIDaN

Tps. 20 and 21 S., Rs. 16 and 17 E.The areas described aggregate 54,421.31

acres, including 413.55 acres of publlcland and 54,007.76 acres of nonpublicland.

The reservation made by this, ordersupersedes, as to any of the above-:de-scribed lands affected thereby, the gen-

eral withdrawal for classification andother purposes made by Executive OrderNo. 6964 of February 5, 1935, as amehded.

ABE FORTAS,Acting Secretary of the Interior.

JUNE 15, 1943.

IF. R. Doec. 43-10344; Filed, June 28, 1943;10:09 a. m.]

IDAHOMODIFICATION OF GRAZING DISTRICTS

Under and pursuant to the authorityvested in me by the provisions of theact of June 28, 1934 (48 Stat. 1269; 43U.S.C., sec. 315 et seq.), as amended,commonly known as the Taylor GrazingAct, the following-described lands nowembraced in Idaho Grazing District No.3 are hereby excluded from Grazing Dis-trict No, 3 and added to Idaho 'GrazingDistrict No. 5:

BOISE MERIDIAN

T. 5 S., R. 25 E.Sees. 12 to 16, Inclusive' sees. 21 to 28, in-

clusive, and sees. 33 to 36, inclusive.1. 6 S., R. 25 E.,

Sees. 1 to 4, inclusive, sees. 9 to 16, inclu-sive, sees. 21 to 28, Inclusive, and sees.

.33 to 36, inclusive.T. 7 S., R. 25 E.,

Secs. 1. 12, 13, 24, 25, and 36.T. 8 S.; R. 25 E.,

Sees. 1, 12, 13, 24, and 25.T. 5 S., _R. 26 E.,

Sees. 2, 3, 10, 11, 13, 14, 15, sees. 22 to 27,inclusive, and sees. 34, 35, and 36.

Tps. 6 to 8 S., R 26 E.T. 9 S., R. 26 E., that part north of Snake

River.T. 5 S., R. 27 E.,

Sees. 18 and 19;Sees. 28 to 35, Inclusive,

Tps. 6 to 8 S., R. 27 E.T. 9 S., R. 27 E., that part'north of Snake.

River.T. 8 S., R. 28 E.,

Sees. 4 to 9, inclusive, sees. 16 to 21, inclu-sive, and sees. 28 to 33, inclusive.

T. 9 S., P 28 E.,Sees. 4 to 9, inclusive, sec. 18 and those

parts of secs. 16, 17, 19, 20, and 21 north ofthe Snake River.

ABE FORTAS,Acting Secretary of the Interior.

JUNE 19, 1943.

[F. R. Doc. 43-10345; Flied, June 28, 1943;10:09 a. In.]

Solid Fuels Administration for War.

[Order 1837J

CRESCENT MINING Co.ORDER TERMINATING GOVERNMENT POSSESSION

AND CONTROL

JUNE 25, 1943.Thomas Moore, Operating Manager for

the United States for the Crescent No. 2Mine of Crescent Mining Company,Evansville, Indiana, has advised that op-erations at that mine have ceased, andthat the mine has been closed down.

The possession and control by the Gov-ernment of the aforesaid mine are nolonger required for the furtherance of thewar program.

Having so determined, I hereby orderand direct that possession and control of

the aforesaid mine by the Governmentand the appointment of Thomas Moore,as Operating Manager for the UnitedJtates for such mine be, and until furtherorder, are hereby, terminated.

I further order and direct that prior toresumption of mining operations at theaforesaid mine, immediate notice of suchfact shall be sent by the management tothe Solid Fuels Administrator for War,Department of the Interior, Washington,D. C.

Nothing herein is intended to meanthat the Government of the UnitedStates or its officials has assumed or ishereby assuming liability for any claimsby or on behalf of the mining companyby reason of the possession and controlof the aforesaid mine under ExecutiveOrder No. 9340 of May 1, 1943, or arisingout of acts performed during the periodof such possession and control.

HAROLD L. Icirs,Secretary of the Interior,

[F. R. Dc, 43-10341; Filed, Juno 28, 1943;10:08 a. n.]

DEPARTMENT OF LABOR.

Wage and Hour Division.CHEMICAL, PETROLEUM, COAL PRODUCTS

AND ALLIED INDUSTRIESMINIMUM WAGE RECOMMENDATION

Notice of hearing on the minimumwage recommendation of Industry Com-mittee No. 60 for the Chemical, Petro-leum and Coal Products, and AlliedManufacturing Industries.

Whereas, the Administrator of theWage and Hour Division of the UnitedStates Department of Labor, acting pur-suant to section 5 (b) of the Fair LaborStandards Act of 1938, on May 12, 1943,by Administrative Order No, 193, ap-pointed Industry Commnittee No. 60 forthe Chemical, Petroleum and Coal Prod-ucts, and Allied Manufacturing Indus-tries, composed of an equal number ofrepresentatives of the public, employersin the Industry and employees In theIndustry, such representatives havingbeen appointed with due regard to thegeographical regions in which the In-dustry is carried on; and

Whereas, Industry Committee No. 60,on June 9, 1943 pursuant to section 8 (d)mum wage rate for the Chemical, Petro-leum and Coal Products, ,and AlliedManufacturing Industries 'and dulyadopted a report containing such rec-ommendation and reasons therefor andfiled such report with the Administratoron June 9, 1943 pursuant to section 8 (d)of the Act and § 511.19 of the regula-tions issued under the Act; and

Whereas, the Administrator is re-quired by section 8 (d) of the Act, afterdue notice to interested persons and giv-ing them an opportunity to be heard, toapprove and carry Into effect by orderthe recommendation of Industry Committee No. 60 if he finds that the recom-mendation is made in accordance withlaw and is supported by the evidenceadduced at the hearing, and, taking intoconsideration the same factors as arerequired to be considered by the Indus-try Committee, will carry out the pur-

8880


poses of section 8 of the Act; and, Ifhe finds otherwise, to disapprove suchrecommendation;

Now, therefore, notice is hereby giventhat:

X The recommendation of IndustryCommittee No. 60 is as follows:

Wages at a rate of not less than 40 centsan hour shall be paid under section 6 ofthe Fair Labor Standards Act of 1938 byevery employer to each of his employees inthe Chemical, Petroleum and Coal Products,and Allied Manufacturing Industries (as de-fined in Administrative Order No. 193) whois engaged in commerce or in the productionof goods for commerce,

IL The definition of the Chemical,Petroleum and Coal Products, and AlliedManufacturing Industries as set forthin Administrative Order No. 193, issuedMay 12, 1943, is as follows:

The manufacture or packaging of basicchemicals, chemical products, and productsmade from petroleum, coal or natural gases.

(a) It includes, but without limitation,heavy, industrial, and fine chemicals;plastics; explosives and pyrotechnics;rayon and other synthetic fibers; wooddistillation and naval stores; fertilizers;sdap and glycerin; candles; glue andgelatin; essential oils; nitrated, sulphon-ated and similarly processed oils; paints,varnishes, pigments, dyes, and printingink; drug grinding; insecticides andfungicides; manufactured gases; petro-leum refining; coke and coke-oven prod-'ucts; asphalt and tar paving and build-ing materials; and allied products.

(b) Providedtowever, That the defini-tion shall not include:

(1) Wood preserving, and any mining,quarrying or other extractive operations.

(2) The rendering and refining ofmarine and animal fats and oils.

(3) Any operations of a public utility.(4) Any product included in the Metal,

Plastics, Machinery, Instrument, and Al-lied Industries (as defined in Administra-tive Order No. 173) or in the Drug, Medi-cine, and Toilet Preparations Industry,the Converted Paper Products Industry,the Cdttonseed and Peanut Crushing In-dustry, or .the Vegetable Fats and OilsIndustry as defined in the wage orders forsuch industries.

Ifl. The full text of the report andrecommendation of Industry CommitteeNo. 60 is and will be available for inspec-tion by any person between the hours of9:00 a. m. and 4:9 p. m. at the followingoffices of the United States Departmentof Labor, Wage and Hour Division:

Boston, Massachdsetts, Old South Build-ing, 294. Washington Street.

New York, New York, Parcel Post Building,341 Ninth Avenue.

Philadelphia, Pennsylvania, 1216 WidenerBuilding, Chestnut and Juniper Streets.

Richmond, Virginia, 215 Richmond TrustBuilding.

Atlanta, Georgia, Fifth Floor, Carl WittBuilding, 249 Peachtree Street, N. E._ Columbia, South Carolina, Federal LandBank Building, Hampton and Marion Streets.

Birmingham, - Alabama, 1007 ComerBuilding.

Jackson, Mississippi, 404 Deposit GuarantyBank Building, 102 Lamer Street.

Cleveland, Ohio, 4090 Main Post OMce,West TJhrd and Prospect Avenue.

Detroit, Michigan, David Stott Building,1150 Griswold Street.

No. 127-14

Hartford, Connecticut, Department oflabor and Factory Inpcctlon, Dr7 StatoOfce Building.

Newark, New Jercey, Ezcx Building, 01Clinton Street.

Pittsburgh. Pennsylvania, Clark Building,Liberty Avenue and Seventh Street.

Baltimore, Maryland. 401-11 Old TownBuilding, Gay and Fallaay Streets.

Raleigh, North Carolina. North CarollDepartment of Labor, Salisbury and EdentonStreets.

JactzonvilIe, Florida, 456 Neew Past O~lcaBuilding.

New Orleans, Louisiana, 010 Union Build-Ing.

Nashville, Tennezee, 509 Medical ArtaBuilding.

Cincinnati, Ohio, 1312 Traction Building,Fifth and Walnut Strcet3.

Chicago, Illinois, 1200 MferebandLo Mart,222 West North Bank Drive.

inneapolis, MInnezota, 400 Pence Build-Ing, 730 Hennepin Avenue.

St. Louis, Missouri, 316 Old Ct m Homse,815 Olive Street.

Dallas, Texas, Rio Grando Natlonal Build-Ing, .100 Main Street.

San Franclsco. California, E0O HumboldtBank Building, 785 Market Street.

Kansas City, Misourl, 3000 Fidelity Build-ing, 911 Walnut Street.

Denver. Colorado. 300 Chambcr of Coin-merco Building, 1726 Champa Street.

Los Angeles. California. 417 H. W. HellmanBuilding. Spring and Fourth Streets.

Seattle, Washington, 305 Post Ofice Build-iug, Third Avenue and Union Street.

San Juan, Puerto Rico, Post Ofco Box 112.Washington. District of Columbia. Depart-

ment of labor, First Floor.New York, New York, 105 Wcst 4Gth Street.

Copies of the Committee's report andrecommendation may be obtained byany person upon request addressed tothe Administrator of the Wage and HourDivision, United States Department ofLabor, 165 West 46th Street, New York,New York.IV. A public hearing will be held on

July 15, 1943, before the Administratorof the Wage and Hour Division or arepresentative designated to preside inhis place, at 10:00 a. m. in Room 1001,United States Department of Labor, 165West 46th Street, New York. New York,for the purpose of taking evidence on thefollowing question:Whether the recommendation of IndustryCommittee No. 60 zhould'bo approved or dL-approved.

V. Any interested peosn supportingor opposing the recommendation of In-dustry Committee No. 60 may appear atthe aforesaid hearing to offer evidence,either on his behalf or on bahalf of anyother person; Provided, That not laterthan July 12, 1943, such person shall filewith the Administrator at New York,New York, a notice of his intent to ap-pear which shall contain the followinginformation:L The name and address of the person

appearing.2. If such person is appearing in a rep-

resentative capacity, the name and ad-dress of the person or persons whom heis representing.

3. Whether such person proposes toappear for or against the recommenda-tion of Industry Committee No. G0.

4. The approximate length of time re-quested for his presentation.

Such notice may be maled to the Ad-ministrator, Wage and Hour Iliiion,

United States Department of Labor, 165West 46th Street, New York, New York,and shall be deemed filed upon receiptthereof.

VL Any person interested in support-Ing or opposing the recommendation ofIndustry Committee No. 60 may securefurther information concerning theaforesaid hearing by Inquiry directed tothe Administrator, Wage and Hour Divi-sion, United States Department of La-bor, 165 WeV t 46th Street, New York, NeT.York, or by consulting with attorneysrepresenting the Administrator who willbe available for that purpose at the Of-fice of the Solicitor, United States De-partment of Labor, in Washington, D. C,and New York, New York,

VIL Copies of the following documentrelating to the Chemical, Petroleum andCoal Products, and Allied Manufactur-ing Industries will be made available onrequest for Inspection by any interestedperson who intends to appear at theaforesaid hearing:

Report entitled, Economic FactorsBearing on the Establishment of Mini-mum Wages in the Chemical, Petroleumand Coal Products, and Allied Manufac-turing Industries, prepared by the Eco-nomics Branch. Wage and Hour andPublic Contracts Divisions, UnitedStates Department of Labor, June 1943.

VIIL The hearing will be conductedIn accordance with the following rules,subject, however, to such subsequentmodifications by the Administrator orPresiding Officer as are deemed appro-priate.

1. The hearing shall be stenograph-ically reported and a transcript madewhich will be available to any person atprescribed rates upon request addressedto the Administrator, Wage and HourDlviLon, United States Department ofLabor, 165 West 46th Street, New York,New York.

2. In order to maintain orderly andexpeditious procedure, each person filinga Notice to Appear shall be notified,-ifpracticable, of the approximate day andthe place at which he may offer evidenceat the hearing. If such person does notappear at the time set in the notice, hewill not be permitted to offer evidenceat any other time except by special per-mission of the Presiding Officer.

3. At the discretion of the Presiding -Omicer, the hearing may be continuedfrom day to day, or adjourned to a laterdate, or to a different place by announce-ment thereof at the hearing by the Pre-siding Officer or by other appropriatenotice.

4. At any stage of the hearing, thePresiding Officer may-call for furtherevidence upon any matter. After thehearing has been closed, no further evi-dence shall be taken, except at the re-quest of the Administrator, unless pro-vision has been made at the hearing forthe later receipt of such evidence. Inthe event that the Administrator shallcause the hearing to be reopened for thepurpose of receiving further evidence,due and reasonable notice of the timeand place fixed for such taking of testi-mony shall be given to all persons whohave filed a notice of intention to appearat the hearing,

8SSI


5. All evidence must be presented un-der oath or affirmation.6. Written documents or exhibits, ex-

cept as otherwise permitted by the Pre-siding Officer, must be offered in evi-dence by a person who is prepared totestify as to the authenticity and trust-worthiness thereof, and who shall, atthe time of offering the documentary ex-hibit, make a brief statement as to thecontents and manner, of preparationthereof.

7. Written documents and exhibitsshall be tendered in duplicate and thepersons preparing the same shall be pre-pared to supply additional copies if suchare ordered by the P;eslding Officer.When evidence is embraced in a docu-ment containing matter not intended tobe put In evidence, such a document willnot be received, but the person offeringthe same may present to the PresidingOfficer the original document togetherwith two copies of those portions of thedocument intended to be put in evidence.

8. Subpoenas requiring the attendanceof witnesses or the presentation of adocument from any place in the UnitedStates at any designated place of hear-ing may be issued by the Administratorat his discretion, and any person ap-pearing in the proceeding may apply inwriting for the issuance by the Admin-istrator of the subpoena. Such applica-tion shall be timely and shall identifyexactly the witness or document andstate fully the nature of the evidenceproposed to be secured.

9. Witnesses summoned by the Admin-istrator shall be paid the same fees andmileage as are paid witnesses in thecourts of the United States. Witnessfees and mileage shall be paid by theparty at whose instance witnesses ap-pear, and the Administrator before is-Suing subpoena may require a depositof an amount adequate to cover the feesand mileage involved. "

10. The rules of evidence prevailingin the courts of law or equity shall notbe controlling.

11. The Presiding Officer may, at hisdiscretion, permit any person appearingin the proceeding to cross-examine anywitness offered by another person inso-far as is practicable, and to object tothe admission or exclusion of evidenceby the Presiding Officer. Requests forpermission to cross-examine a witnessoffered by another person and objec-tions to the admission or exclusion ofevidence shall be stated briefly with thereasons for such request on the groundof objection relied on. Such requests orobjectiops shall become a part of therecord, but this record shall not includeargument thereon except as ordered bythe Presiding Officer. Objections to theapproval of the Committee's recommen-,dation and to the promulgation of awage order based upon such approvalmust be made at the hearing before thePresiding Officer.

12. Before the close of the hearing,written requests shall be received frompersons appearing in the proceeding forpermission to make oral arguments be-fore the Administrator upon the matterin issue. If the Administrator, in hisdiscretion, allows the request, he shallgive such notice thereof as he deems

suitable to all persons appearing in theproceedings and shall designate the timeand place at which the oral argumentsshall be heard. If such requests are al-lowed, all persons appearing at thehearing will be given opportunity to pre-sent oral argument.

13. Briefs (12 copies) may be sub-mitted to the Administrator following theclose of the hearing, by any personsappearing therein. Notice of the finaldates for filing such briefs shall be givenby the Administrator in such manner asshall be deemed suitable by him.

14. On the close of the hearing, a com-plete record of the proceedings shall befiled with the Administrator. No inter-mediate report shall be filed unless sodirected by the Administrator. If a re-port is filed it shall be advisory onlyand have no binding effect upon theAdministrator.

15. No order issued as a result of thehearing will take effect until after duenotice is given of the issuance thereofby publication in the FEDERAL REGISTER.

Signed at New York, New York, this18th day of June, 1943.

L. IrCAFE WALLING,Administrator.

RF. I. Do. 43-10119; Filed, June 24, 1943;9:12 a. m.l

LEARNER EMPLOYMENT CERTIFICATES

ISSUANCE TO VARIOUS INDUSTRIES

Notice of issuance of special certifi-cates for the employment of learnersunder the Fair Labor Standards Act of1938.

Notice is hereby given that special cer-tificates authorizing the employment oflearners at hourly wage rates lower thanthe minimum wage rate applicable undersection 6 of the Act are issued under sec-tion 14 thereof, Part 522 of the Regula-tions issued thereunder (August 16, 1940,5 F.R. 2862, and aS" amended June 25,1942, 7 F.R. 4725), and the determinationand order or regulation listed below andpublished in the FEDERAL REGISTER ashere stated.

Apparel Learner Regulations, September 7,1940 (5 P.R. 3591), as amended by Admin-istrative Order March 13, 1943 (8 F.R. 3079).

Single Pants, Shirts and Allied Garments,Women's Apparel, Sportswear, Rainwear,Robes and Leather and Sheep-Lined Gar-ments, Division of the Apparel Industry,Learner Regulations, July 20, 1942 (7 F.R.4724), as amended by Administrative OrderMarch 13, 1943 (8 F.R. 3079).

Artificial Flowers and Feathers LearnerRegulations, October 24, 1940 (5 P.R. 4203).

Glove Findings and Determination of Feb-ruary 20, '1940, as afiended by Administra-tive Order September 20, 1940 (5 F.R. 3748)and as further amended by AdministrativeOrder, March 13, 1943 (8 F.R. 3079).

Hosiery Learner Regulations, September 4,1940 (5 P.R. 3530), as amended by Admin-istrative Order March 13, 1943 (8 F.R. 3079).

Independent Telephone Learner Regula-tions, September 27, 1940 (5 F.R. 3829).

Knitted Wear Learner Regulations, Octo-ber 10, 1940 (5 FR. 3982), as amended byAdministrative Order, March 13, 1943 (8 F.R.3079).

Millinery Learner Regulations, CustomMade and Populaf Priced, August 29, 1946(5 P.R. 3392, 3393).

Textile Learner Regulations, M ay 10, 1041(6 P.R. 2446) as amended by AdministrativoOrder March 13, 1943 (8 F.R. 3079).

Woolen Learner Regulations, October 30,1940 (5 P.R. 4302).

Notice of Amended Order for the Employ-ment of Learners in the Cigar Manufactur-Ing Industry, July 20, 1941 (6 P.R. 3783).

The employment of learners underthese certificates is limited to the termsand conditions therein contained and tothe provisions of the applicable deter-rnination and order or regulations citedabove. The applicable determinationand order or regulations, and the effec-tive and expiration dates of the certifi-cates Issued to each employer Is listedbelow. The certificates may be cancelledin the manner provided In the regula-tions and as Indicated in the certificates.Any person aggrieved by the issuance ofany of these certificates, may seek a re-view or reconsideration thereof.NAME AND ApDRES OF F=II, INDUSTRV, PnOD-

ucr, NumEsn or LnimNns ANAD rErnCnVZDATES

Single Pants, Shirts, and Allied Gar-ments, Women's Apparel, Sportswear,Rainwear, Robes, and Leather andSheep-Linea Garments Division o1 theApparel IndustryAbbeville Shirt Company, Inc., Abbe-

ville, South Carolina; Military shirts,civilian dress shirts; 35 learners (E); ef-fective Juhe 28, 1943, expiring December28, 1943.

Ackley Uniform Company, 704 Wash-ington Avenue, St. Louis, Missouri: Cot-ton uniforms; 6 learners (T); effectiveJune 23, 1943, expiring June 23, 1944.

Joseph Adelson & Sons, 911 First Ave-nue, Asbury Park, New Jersey; Ladies'silk, rayon, and cotton lingerie; 5 learn-ers (T) ; effective June 24, 1943, expiringJune 24, 1944.

Anneville Products Company, Inc.,Richland, Pennsylvania; Ladies' slipsand gowns, multifliament cloth, 10learners (T) ; effective June 28, 1943, ex-piring June 28, 1944.

Archbald Sewing 'Company, CherryStreet, Archbald, Pennsylvania; Chil-dren's dresses; 10 percent (T) ; effectiveJune 25, 1943, expiring June 25, 1944.

M. Bass, 1213 Main Street, Los Angeles,California; Skirts; 3 learners (T); effec-tive June 25, 1943,, expiring June 25,1944.

Bayly Manufacturing Company, 2000Arapahoe Street, Denver, Colorado:Cotton work clothing, overalls, pants andshirts; 10 percent (T); effective June 28,1943, expiring June 28,1944.

L Bred and Company, 315 NorthTwelfth Street, Philadelphia, Pennsyl-vania; Ladies' and children's blouses: 10percent (T); effective June 30, 1943, ex-piring June 30, 1944.

Dorsa Dresses, Inc., 24 N. SpanishStreet, Cape Girardeau, Missouri;Dresses; 50 learners (E); effective June24, 1943, expiring December 24, 1943.

Elder Manufacturing Company, Dex-ter, Missouri; Boys' and youth's slacks; 10percent (T); effective June 23, 1943, ex-piring June 23, 1944.

Ely & Walker Dry Goods Company,Quincy, Illinois; Cotton shirts, rayondresses; 10 percent (T); effective June24, 1943, expiring June 24, 1944.

8882


cEmpire Manufacturing Company,Candler Street, Winder, Georgia; Workclothes; 10 percent (T) ; effective June 25.1943, expiring-June 25,1944.

Frances Gee Garment Company,Richmond, Missouri; Uniforms, utilitydresses; 25 learners (E); effective June30, 1943, expiring December 30, 1943.

Ideal Shirt Company, Main Street,Sykesville, Pennsylvania; Cotton &woolen shirts; 10 learners (T); effectiveJune 26, 1943, expiring June 26, 1944.

Abe Kahn-Halbreich Company, Front& Hellam, Wrightsville, Pennsylvania;

- Children's wash dresses; 10 percent (T);effective June 23, 1943, expiring June 23,1944.

Lansdale Clothing Company, Green &Blain Streets, Lansdale, Pennsylvania;Men's wool, cotton, and rayon trousers;10 percent (T); effective June 30, 1943,expiring June 30, 1944.

Laurel Underwear Company, R. D. #2,Pottstown; Pennsylvania; Children's andladies' rayon underwear, men's and boys'cotton polos' and men's Jackets; sixlearners (T); effective June 25, 1943;expiring June 25, 1944.

Lehigh Valley Shirt Company, Inc., 428Union Street, Allentown, Pennsylvania;Shirts; 10 learners (T); effective June24, 1943, bxpiring June 24, 1944.

S. Liebovitz & Sons, Inc., Roseto, Penn-sylvania; Men's cotton shirts; 5 learners(T); effective July 3, 1943, expiring July3, 1944.-

Joseph Reisner, 802 Main Street, Dick-son City, Pennsylvania; Children's cottondresses; 7 learners (T); effective June23, 1943, expiring June 23, 1944.

D. R. South Company, 117 W. PlaneStreet, Bethel, Ohio; Pants; 6 learners(T); effective June 23, 1943, expiringJune 23, 1944.

WeIl Styled Shirt Company, Inc., 424Park Avenue, Perth Amboy, New Jersey;Men's cotton shirts; 3 learners (T); ef-fective June 26, 1943, expiring June 26,1944.

Gloves IndustryClark Brothers, 17 Maple Avenue,

Saratoga Springs, New York; Knit fabricgloves; 15 learners (A. T.) ; effective June24, 1943, expiring October 26, 1943.

Clark Brothers, 20 Elm Street, GlensFalls, New York; Knit fabric gloves; 25learners CA. T.) ; effective June 24, 1943,expiring October 29, 1943.

Templeton Glove 'Company, MidwayPlace, Fonda, New York; Knit fabricgloves; 5 learners (T) ; effective June 30,1943, expiring June 30, 1944.

Hosiery Industry

Egg Harbor Knitting Mills, Inc., EggHarbor City, New Jersey; Full-fashionedhosiery; 1 learner (T) ; effective June 22,1943, expiring June 22, 1944.

J. Z. Erwin Hosiery, Inc., South MainStreet, Graham, North Carolina; Full-fashioned rayon and cotton hosiery; 5learners (T) ; effective June 30. 1943, ex-piriig June 30, 1944.

Excel Hosiery Mills, Inc., Union, SouthCarolina; Seamless hosiery; 10 percent(A. T.) ; effective June 24, 1943, expiringDecember 24, 1943.

Gilman Hosiery, Box 164, Franklin,New Hampshire; Seamless hosiery; 2learners (T); effective June 23, 1943,expiring June 23, 1944.

Marion Hosiery Mills, ll W. CourtStreet, Marion, North Carolina; Seam-less hosiery; 10 percent (A. T.); effec-tive June 28, 1943, expiring December 28,1943.

Rambo & Regar Inc., MAnin Below FordSt., Norristown, Pennsylvania; Seamlesshosiery; 75 learners (E); effective June28, 1943, expiring December 28, 1943.(This certificate replaces the one lsFuedto you effective April 26, 1943 and ter-minating November 5, 1943.)

S & F Hosiery Mills, Inc., Dayton, Ten-nessee; Full-fashioned hosiery; 5 learn-ers (A. T.); effective June 24, 1943, ex-piring January 18, 1944.

Knitted Wear Industry

Carbon Knitwear Company, EastMauch Chunk, Pennsylvania: Ladles'wool sweaters: 5 learners (T); effec-tive June 30, 1943, expiring June 20,1944.

Telephone Industry

Commonwealth Telephone Company,45 Owen Street, Forty Fort, DallasPennsylvania; to employ learners ascommercial switchboard operators at ItsDallas, Pennsylvania exchange, locatedat 15 Church Street, Dallas. Pennsyl-vania; effective June 24, 1943, expiringJuze 24, 1944.

Textile Industry

Covington Mills, Covington, Georgia;Cotton; 3 percent (T); effective June 23,1943, expiring June 23, 1944.

Green River Mills, Inc., Tuxedo, NorthCarolina; Cotton textile; 6 percent (A.T.); effective June 24, 1943, expiringDecember 24. 1943.

Grove Silk Company, 150 East GroveStreet, Scranton, Pennsylvania; Slkr,rayon, nylon & cotton; 3 percent (T);effective June 24, 1943, expiring June 24,1944.

Manetta Mills, Lando, South Carolina;Cotton blankets, cotton and wool mixedblankets; 3 percent (T); effective June28, 1943, expiring June 28, 1944.

Marietta SiLk Company, Inc., 533Broad Street, Waverly, New York;Rayon textiles; 3 learners (T); effectiveJune 23, 1943, expiring June 23, 1944,

Mechanicsburg Silk Company, Cum-berland Co., Mechanicsburg, Pa.; Rayonyam; 5 learners (T); effective June 20,1943, expiring June 26, 1944.

Morrilton Cotton Mills Company, Mlor-rilton, Arkansas; Heavy cotton luck; 3percent (T); effective June 24, 1943, ex-piring June 24. 1944.

New City Mills, Inc., Newton, NorthCarolina; Cotton; 30 learners (A. T.);effective June 28, 1943, expiring Decem-ber 28, 1943.

Piedmont Silk Mills. Inc., Bruce Street& Oakland Avenue, Greensboro, NorthCarolina; Rayon hosiery yam; 10 learn-ers (A. T.); effective June 23, 1943, ex-piring December 23, 1943.

Signed at New York, N. Y. this 26thday of June 1943.

Amu u D. Vnzczrz,Authorized Representative

of the Administrator.

[P. R. Doc. 43-103571 riled, Juno 28, 19-3;11:21 a. m.]

ILa= E.x O P AovIYar Ca Ic TflEmllSiL 0op cA~cELAmon

Notice of the reversal of an order can-celling a special certificate to employlearners. at subminimum wage rates.

Notice is hereby given of my findingsand determination dated June 22nd, 1943reversing on reconsideration an order ofOctober 14,1942, cancelling a special cer-tiflcate to employ learners at submini-mum wage rates Issued to the Stein-WayClothing Company of Erwin, Tennessee.The special certificate issued to the com-pany for the period from February 9,1942 to February 9, 1943, is hereby af-firmed.

Signed at New York, New York this 22dday of June 1943.

Isan=r Fnnuso.7,Authorized Representati e

of the Administrator.IF. R. Dzc. 43-103,3; Filed, June 23. 1943;

11:21 a. m.]

BOARD OF GOVERNORS OF THE FED-ERAL RESERVE SYSTEM.MrdHcLL CrOMMzmn Co. AZM MYI,'s

CL= mG Co.

OaDER SUs== r Ii UCES,=-

Louis H. Mitchell, having appeared inconnection with alleged violations ofRezulatlon W of the Board of Governorsof the Federal Reserve System (herein-after called the "Board"), and havingwaived notice and opportunity for hear-Ing before the Board and consented tothe Issuance of this order for the sus-pension of his license, and having agreedthat:

1. He was at all times mentioned hereinand now Is engaged In the business of mak-Ing Instalment sales and charge sales oflisted artIclea through stores vhich he o'-nsand opcrates under the following tradenames In the following places:

Mitchell Clothing Company, 615 NorthSaventh Street, St. Louis. MLsouri.

Mitchell Clothing Company, 115 Collins-ville Avenue, East St. Louls Illinois.

itchell Clothing Company, 1316 Nine-teenth Street, Granite City, l111nol.

acer's Clothing Company, 622 DelmarBoulevard. St. Louis, M-.ourL

Mayer's Clothing Company, 11i Collins-villa Avenue, Ea.t St. Louis, Illinois.

2. He duly filed the re!Itration statementrequired by the Eoard's Regulation W and

as at all times mentioned herein and now Iscubject to such regulation.

3. Before and after Octhter (, 1942, andcontinuing through May 17, 1943, he pursueda cource of dealing in contravention of Regu-latlon V7 and negligently failed to complywith rame. Such negligent violations in-elude (a) uzing charge accounts as a meansof circumventing the dorn payment require-ments of the regulation. (b) Improper andinadequate preparation and delivery of state-ments of transaction, (c) accepting Insufa-clent don payment on Installment sales,(d) granting longer tc m than permi--ibleon Imtalment rales, (e) selling listed articlesIn defaulted charge accounts, and (f) sellinglisted articles in accounts which purported tob3 charge accounts but were in fact instal-ment accounts; and

The said Louis H. Mitchell having fur-ther agreed that during the period of sus-pension of his license under this order hewill close all of the aforesaid stores and

8893


discontinue all sales including those forcash; that upon resumption of businessfollowing the termination of this sus-pension period, he will conform his busi-ness to the requirements of tbg regula-tion; and that he will not in any mannerin his future solicitations or advertise-ments for business indicate or imply thathe will grant. terms which would be incontravention of the regulation:

Accordingly, the Board having consid-ered the coftsent, representations, andagreements of the party named, andunder authority of section 5 (b) of theAct of October 6, 1917, as amended, andthe Executive Order of the President No.8843 (6 P.R. 4035), hereby orders:

1. That the license of said Louis H.Alitchell, Issued pursuant to the Board's Reg-ulation W be and the same is hereby sus-pended for the period commencing at 12:01a. m. on July 4, 1943, and ending at 12:01a. m. July 12, 1943, unless said period issooner terminated by the Board: Provided,That this order, during the suspension period,shall not prohibit (a) the carrying on ofregular office and accounting work, (b) thereceipt of any payments through the mallsor through the normal and usual collectionfacilities which have heretofore been main-tained off the premises of said stores, and (c)the making of payments of any obligations,including obligations to employees for sal-aries or wages.

2. Any terms used in this order that aredefined in Regulation W shall have the mean-ing therein given them.

By order of the Board of Governors ofthe Federal Reserve System this 24th dayof June, 1943. *

[SEAL] CHESTER MORRILL,Secretary.

IF. R. Doc. 43-10255; Filed June 26, 1943;9:15 a. m.]

CIVIL AERONAUTICS BOARD.[Docket No. SA-80]

ACCIDENT OCCURRING NEAR ADEL, GA.

NOTICE OF HEARING

In.the matter of investigation of acci-dent involving aircraft of United StatesRegistry NC 29335 which occurred nearAdel, Georgia, on June 22, 1943.

Notice Is hereby given, pursuant to theCivil Aeronautics Act of 1938, as aihend-ed, particularly section 702 of said Aot,n the above-entitled -proceeding, that

heariig is hereby assigned to be held onFriday, July 2, 1943, at 9:30 AM (EWT)at Moody Field, Adel, Georgia.

Dated at Washington, D. C., Saturday,June 26, 1943.

ALLEN P. BOURDON,Presiding Officer.

iF. R. Dec. 43-10364; Filed, June 28, 1943;11:37 a. m.]

FEDERAL POWER COADIISSION. '

[Docket Nos. G-476 and G-4651

NORTHERN NATURAL GAS COMPANY

ORDER CONSOLIDATING PROCEEDINGS ANDFIXING DATE OF HEARING

JUNE 22, 1943.Upon consideration of Division F of

the application filed by Northern Natural

Gas Company on May 4, 1942, (formerlydocketed under No. G-280) insofar as itSeeks permanent authorization' undersection 7 of the Natural Gas Act, asamended, for the installation,. construc-tion, and operation of the facilities de-scribed in paragraph (a), below (nowdocketed under No. G-476); and

Upon consideration of the applicationfiled by Northern Natural Gas Companyon April 15, 1943, for authority undersection 7 of the Natural Gas Act, asamended, to install, construct, and oper-ate thb facilities described in paragraph.(1i), below (Docket No. G-465); and

It appearing to the Commission that,(a) By its order of September 3, 1942,

as modified by order of December 29,1942, the Commission, pending its deter-mination of Division F of the applicationof May 4, 1942, for a permanent certifi-cate, temporarily authorized the instal-lation, construction, and operation of thefollowing facilities:

(i) A 1,000 horsepower compressor unit,with the required accessories, at applicant'sSublette, Kansas, compressor station;

(ii) A 1,300 horsepower compressor unit,with the required accessories, at applicant'sBushton, Kansas, compressor station;

(iII) An 800 horsepower compressor unit,with the required accessories, at applicant'sHooper, Nebraska, compressor station;

(iv) A loop line of 20- and 24-inch steel pipeabout 6.2 miles long extending in a south-westerly direction from the inlet side of theSublette, Kansas, compressor station adja-cent to and approximately parallel with ap-plicant's 20-inch main transmission line;

(b) By its application of April 15, 1943,the applicant seeks authority to install,construct, and operate:

(i) One additional 1,000 horsepower com-pressor unit at its Skellytown compressorstation located in Carson County, Texas: and

(i) A 24-inch loop line, approximately25.1 miles long, extending from its Bushtoncompressor station in Rice County, Kansas,in a southwesterly direction, across theArkansas River, to a point in the SoutheastQuarter of Section 32, Township 20 South,Range 12 West, Barton County, Kansas;

(c) The applications-involve additionsto applicant's facilities said to be re-quired In order to enable the applicantto maintain Its present capacity, and theproceedings thereon may be consolidatedfor hearing;

The Commission orders that:(A) The proceedings on the applica-

tions of Northern Natural Gas Companyin Docket Nos. G-476 and G-465 be andthey liereby are consolidated for thepurposes of a public hearing;

(B) A public hearing be held com-mencing on July 15, 1943, at 9:45 a. m.(e. .w. t.), in the hearing room of theFederal Power Commission, Hurley-Wright Building, 1800 PennsylvaniaAvenue NW., Washington, D. C., respect-ing the matters Involved and the Issuespresented in this proceeding;

(C) Interested State commissions mayparticipate in this hearing as providedIn § 67.4 of the provisional rules of prac-tice and regulations under the Natural'Gas Act..

By the Commission.[SEAL] LEON M. FUQUAy,

Sectet"ry.IF. R. Doec. 43-10256; Filel, June 26, 1443;

9:21 a. in.]

[Docket No. G-480]

NORTHERN NATURAL GAS COIxANY

NOTICE OF APPLICATION

JUNE 26, 1943.On June 25, 1943, Northern Natural

Gas Company filed an application forauthority under section 1 of the NaturalGas Act, as amended, to acquire and op-erate the facilities of Its wholly ownedsubsidiary, Argus Natural Gas Company,which facilities are used for supplyinggas to the distribution systems locatedin Cimarron, Copeland, Dodge City, Elk-hart, Ensign, Fowler, Garden City, Hugo-ton, Meade, Montezuma, Moscow, Plains,Rolla, Satanta and Sublette, all In theState of Kansas, and to certain main lineindustrial customers. The applicationstates that when these facilities are ac-quired, they will become a part of appli-cant's interstate natural gas transmis-sion system. It Is further stated in theapplication that, upon acquisition of thefacilities by the applicant, the presentservice will be maintained by applicant.The Industrial customers presentlyserved by Argus Natural Gas Companywill be retained by that company and willnot be served directly from the pipe linesystem.

[SEAL] LEON M. FUQUAY,Secretary.

IF. R. Doe. 43-10346; Filed, Juno 28, 1043;10:09 a. m.]

[Docket No. G-398]

UNITED GAS PIPE LINE COMPANY

ORDER FIXING DATE OF HEARIN0

JUNE 25, 1943.Upon consideration of the application

filed by United Gas Pipe Line Companyon June 19, 1942, as amended June 21,1943, for authority under section 7 of theNatural Gas Act, as amended, to con-struct and operate a 123/ Inch pipe lineapproximately 18 mile$ long extendingfrom the De Large gas field In Terre-bonne Parish, Louisiana, In a northeast-erly direction to connect with the appli-cant's existing Lirette-Moblle pipe lineat a point in Terrebonne Parish, Louisi-ana, together with a metering station, aregulating station, and a dehydrationplant, which facilities are to be locatedat the De Large field terminus of theproposed line; The Commission ordersthat: '

(A) A public hearing be held com-mencing on July 8, 1943, at 9:45 a. m.(e. w. t.), In the hearing room of the

Federal Power Commission, Hurley-Wright Building, 1800 Pennsylvania Ave-nue, N. W., Washington, D. C., respectingthe matters involved and the Issues pre-sented in this proceeding;

(B) Interested State Commissions mayparticipate In this hearing as provided In§ 67.4 of the provisional rules of prac-,tice and regulations under the NaturalGas Act.

By the, Commission.[SEAL] LEON M. FUQUAY,

Secretary,

IF. R. Doc. 43-10354; Filed, Juno 28, 1043;21:M a. m.]

8884


[Docket No. G-445J

UMITED GAS PIPE LiNE COmIPANY

ORDER FIXING DATE OF HEARING

JuNE 29, 1943.It appearing to the Commission that:(a) On September 24,1941, United Gas

Pipe Line Company (hereinafter re-ferred to as "applicant?') filed an appli-cation in Docket No. G-216 for authority,under section 7 (b) of the Natural GasAct, to remove and relocate certainfacilities used in the sale of natural gasby the applicant, in acordance with itsRate Scliedule FPC No. 4, to PeoplesGas Company for resale in the Cities ofPort Arthur, Nederland, and Port Neches,Texas;

(b) After a public hearing at which theapplicant, the Railroad Commission ofTexas, Peoples Gas Company, and theCity of Port Arthur, Texas, participated,

- the Commission issued its Opinion No.71 and order of January 20, 1942, deny-ing the applicant permission to removeor abandon the aforesaid facilities;

(c) On February 5, 1943, the applicantfiled a new application under section 7(b) of the Natural Gas Act, (Docket No.G-445) stating that its aforesaid saleof natural gas to Peoples Gas Companywas discontinued on February 21, 1942;that no deliveries of gas have been madeby applicant to Peoples Gas Companysince that date, that the facilities de-scribed in the new application, formerlyused in making such sales, have not beenused by applicant since February 21,1942, in strving the public in any man-ner, and requesting authority to removeor sell in place such facilities;-The Com-mission orders that:

(A) A public hearing be held com-mencing on" July 8, 1943, at 9:55 a. m.(e.,w. t.), in the hearing room of theFederal Power Commission, Hurley-Wright Building, 1800 Pennsylvania Ave-nue, NW., Washington, D. C., respectingthe matters involved and the issues pre-sented in this proceeding;

(B) Interested- S t a t e Commissionsmay participate in this hearing as pro-vided in § 67.4 of the provisional rules ofpractice and regulations under the Nat-ural Gas Act.

By the Commission.[SEALI LEON M. FUQUAT,

Secretary.

[P. R. Doc. 43-10355; Filed, June 28, 1943;11:21 a. m.]

[Docket No. G-478]

UNrTE GAS PIPE LnE CoMPANY

ORDER FIXING DATE OF HEARING

JukE 25, 1943.Upon consideration of the application

filed by United Gas Pipe Line Companyon June 21, 1943, for authority, under sec-tion 7 of the Natural Gas Act, asamended, to acquire from Willmut Gas& Oil Company and to operate an 8%inch pipe line approximately 84 mileslong extending from a point in Jacksongas field in Rankin County, lississippi,to the south bank of the Bowie River,near Hattiesburg in Forrest County, Mis-sissippi, and to construct and operateabout 4.4 miles of 8% inch pipe line to

connect the southern terminus of theabove-described line to be acquired withapplicant's existing Jaclmon-Mobile pipeline; The Commisslon orders that:

(A) A public hearing be held com-mencing on July 8, 1943, at 10:05 a. m.(e. w. t.), in the hearing room of theFederal Power Commission, Hurley-Wright Building, 1800 Pennsylvania Ave-nue, N. W., Washington, D. C., respectingthe matters involved and the Issues pre-sented in this proceeding;

(B) Interested State Commissions mayparticipate in this hearing as providedin § 67.4 of the provisional rules of prac-tice and regulations under the NaturalGas Act.

By the CommrisIon.[sEAL] LEoz 1. FuQuAY,

Secretary.[P. R. Doc. 43-10356; FIcld, Juno 28, 19-3;

11:21 a. m]

FOREIGN-TRADE ZONES BOARD.

[Order 91

Ta SFza or Fonncu-THADE ZoizOPERATIONS

APPROVAL OF APPLICATION

In the matter of the application of theCity oPNew York for authority to trans-fer Foreign-trade zone operations fromPier #84, to Pier #53, North River,Borough of Manhattan, during the pres-ent emergency.

Pursuant to the authority contained inthe Act of June 18, 1934, (48 Stat. 993;19 U. S. C. 81-a-81-u), the Foreign-Trade Zones Board has adopted the fol-lowing order which Is promulgated forthe information and guidance of all con-cerned:

Upon application of the City of NewYork, dated June 14, 1943, through itsMayor, F. H. LaGuardia, the Foreign-Trade Zones Board herewith approvesthe City's request that Pier #53, NorthRiver, Manhattan and adJacent uplandbe designated as a suitable site wheretemporary zone operations shall be car-ried on during the present emergencyand during this period of temporary oc-cupancy will be deemed within Foreign-Trade Zone #1: Provided, The City ofNew York segregate this area and thestructure thereon to comply with the re-quirements of the Collector of Customsof the Port of New York: And providedfurther, The City of New York file withthe Foreign-Trade Zones Board, a de-scription by metes and bounds of thetemporary zone area covered by Pier#53, North River, Manhattan.

Foreign-Trade Zone privileges author-Ized on Pier #84, N. R. under Order#8, dated March 23, 1942,1 are with-drawn, effective on the date that all goodscurrently stored thereon have beenremoved..

This order is effective June 23, 1943.[srEA] JEssa H. Jo"Ms,

Chairman.[P. R. Doc. 43-10371; Filed, Juno 23, 1943;

11:46 a. in]2,7 P.R. 28M3.

INTERSTATE COMMERCE COMMIS-SION.

[Speclal Permit 03 Under Service Order 1231

Mssoua PACIFIC RArao.o CO2WANY

RmEmo or POTATOES ni sAs

Pursuant to the authority vested inme by paragraph (c) of the first order-ng paragraph (§ 95.307) of Service

Order No. 123 of) May 14, 1943, asamended, permission Is granted for:

The Ll uri PFaclc Paflroad Company(Guy A. Thomp-on, trustee), or connection,but not both, to re-Ice once in transit afterthe first or Initial Icing Art. 21653 and Art.1M3 containing p tatoes from FIsminglctvon. Jacksonville, Texs. consiged Bald-vin Pope Uarketlng Co., St. Louis, ZllsaomL

The waybll shall she reference to thisepcclal permit.

A copy of this permit has been servedupon the Assoclation of American Rail-roads, Car Service Ditision, as agent ofthe railroads subscribing to the car serv-ice and per diem agreement under theterms of that agreement; and notice ofthis permit shall be given to the generaIpublic by depositing a copy in the officeof the Secretary of the Commission atWashington, D. C., and by filing it withthe Director, Division of the FederalReg.ister, The National Archives.


Ho=M C. Krna,Director, Bureau of Service.

IF. . Doe, 43-1623; -Ied. June 26, 143;-11:15 a. m.l

[Spccial Permit 1 Under Service Orde 1331

U or- PACUPMu1o. ) Co., Er AL.IMIG OF VEGETABLES I TRANSIM

Pursuant to the authority vested in meby paragraph (b) of the first orderingparagraph (§ 95.313,8 P.R. 8554) of Serv-Ice Order No. 133 of June 19, 1943, per-mission I- granted for:

Tb Union Pacific Railroad Company orconnection to Initially Icfe or elce with bothbunher and top or body ice FGEX 35164,lcadcd with vegetables and other perishables,dcotined Sioux Falls, South Dakota; alzo forthe Chicago, Burlington & Quincy RailroadCompany to initially ice oz relce with bothbunher and top or bdy Ice PIE 5337, loadedwith vegetables and other perlsables, des-tined Wodlawn, Nebraska; also for the ZIIs-court Pacific Railroad Company (Guy A.Thcmpzon. trustee) to initially Ice or reicewith bunker and top or body ice ZlOT 17132,loaded with vegetables and other perishables,dcuned Camp Phillip, F.an-"'_ originatingbeyond or at Kan .s Clty .MUlsurt.

The wmybIl nhall.show reference to thisrpecial permit.

A copy of this permit has been servedupon the Association of American Rail-roads, Car Service Division, as agent ofthe railroads subscribing to the car serv-ice and per diem agreement under theterms of that agreement; and notice ofthis permit shall be given to the generalpublic by depositing a copy in the officeof the Secretary of the Commission atWashington, D. C., and by filing it withthe Director, Division of the Federal Reg-Ister, The National Archives.

S885


Issued at Washington, D. C., this 24th Issued at Washington, D. C., this 26thday of June, 1943. day of June, 1943.

HOMTER C. KING, HOMER C. KING,Director, Bureau of Service. Director, Bureau of Service.

iF. R. Doc. 43-10264; Filed, June 26, 1943; iF. R. Doe. 43-10361; Filed, June 28, 1943111:15 a. m.] I 11:25 a. m.]

ISpeclal Permit 21 Under Service Order 12.3]

LOUISVILLE AND NASHVILLE RAILROAD CO.

REICING OF POTATOES IN TRANSIT

Pursuant to the authority vested in meby paragraph (c) of the first orderingparagraph (§ 95.307) of Service Order No.123 of May 14, 1943, as amended, permis-sion is granted for:

The Louisville and Nashville Railroad Com-pany to relce once in transit after the first orinitial icing ART 21093 containing potatoesfrom Morrilton, Arkansas, consigned EdwardH. Anderson Co., Owensboro, Kentucky, andreconsigned to Hopkinsville, Kentucky.

The waybill shall show reference to thisspecial permit.

A copy of this permit has been servedupon the Association of American Rail-roads, Car Service Division, as agent ofthe railroads subscribing to the car serv-ice and per diem agreement under theterms of that agreement; and notice ofthis permit shall be given to the generalpublic by depositing a copy in the officeof the Secretary of the Commission atWashington, D. C., and by filing it withthe Director, Division of the FederalRegister, The National Archives.

Issued at Washington, D. C., this 26thday of June, 1943.

HOMER C. KIo, JDirector, Bureau of Service.

IF. R. Doe. 43-10360; Filed. June 28, 1943;11:25 a. m.]

[Special Permit 22 Under Service Order 123]

COMMuON CARRIER BY RAILROAD

REICING OF POTATOES" IN TRANSIT'

Pursuant to the authority vested inme by paragraph (c) of the first order-ing paragraph (§ 95.307) of Service Or-der No. 123 of May 14, 1943, as amended,permission is granted for:

Any common carrier by railroad to reiceonce after the first or initial icing ART 21936,ART 21022, ART 18524, ART 72609, and FGE18705 containing potatoes originating Arkan-sas points destined to, or now on, ChicagoProduce Terminal, Chicago, Illinois, consignedPlowaty Fruit Co., Chicago: Provided, Con-tents meet Canadian import requirements:And further provided, That the ultimate des-tinations are Canadian points.

The waybills shall show reference to thisspecial permit.

A copy of this permit has been servedupon the Association of American Rail-roads, Car Service Division, as agent ofthe railroads subscribing to the car serv-ice and per diem agreement under theterms of that agreement; and notice ofthis permit shall be given to the generalpublic by depositing a copy in the officeof the Secretary of the Commission atWashington, D. C., and by filing it withthe Director, Division of the FederalRegister, The National Archives.

"[Special Permit 2 Under Service Order 1331'

UNION PACIFIC RAILROAD CO.ICING OF VEGETABLES IN TRANSIT

Pursuant to the authority vested in meby paragraph (b) of the first orderingparagraph (§ 95.313, 8 FR. 8554) of Serv-ice Order No. 133 of June 19, 1943, per-mission is granted for:

The Union Pacific Railroad Company to'initially ice or reice with both bunker andtop or body ice PFE 29560, loaded with vege-tables in mixed lots, destined Fort Riley,Kansas; also for the Missouri Pacific RailroadCompany (Guy A. Thompson, Trustee) toinitially ice or relce with both bunker and topor body ice PFE 62202, loaded with vegetablesin mixed lots, destined Camp Phillips, Kansas,originating beyond or -t Kansas City, Mis-souri.

The waybills shall show reference to thisspecial permit.

A copy of this permit has been servedupon the Association of American Rail-roads, Car Service Division, as agent ofthe railroads subscribing to the car serv-ice and per diem agreement under theterms of that agreement; and notice ofthis permit shall be given to the generalpublic by depositing & copy in the officeof the Secretary of the Commission atWashington, D. C., and by filing it withthe Director, Division of the FederalRegister, The National Archives.

Issued at Washington, D. C., this 25thday of June, 1943:

HomR C. KING,Director, Bureau of Service.

IF. R. Doc. 43-10362; Filed, June 28, 1943;11:25 a. m.]

OFFICE OF DEFENSE TRANSPORTA-TION.[Supplementary Order ODT 3, Revised-321

POWELL BROTHERS TRucK LINES, INC., ANDFRISCO TRANSPORTATION COMPANY

COORDINATED OPERATIONS BETWEEN CLINTONAID SPRINGFIELD, MISSOURI

Upon consideration of the applicationfor authority to coordinate operations ascommon carriers by motor vehicle in thetransportation of property between Clin-ton and Springfield, Missouri, filed withthe Office of Defense Transportation byPowell Brothers Truck Lines, Inc., here-inafter designated as Powell, Springfield,Missouri and Frisco TransportationCompany, a corporation, hereinafterdesignated as Frisco, Springfield, Mis-souri, as governe'd by § 501.9 of GeneralOrder ODT 3, Revised, Es .amended (7F.R. 5445, 6689, 7694; 8 F-R. 4660), and

It appearing that such coordination Isnecessary in order to assure maximumutilization of the facilities, services andequipment and to conserve and provi-dently utilize vital equipment, materialsand supplies of the carriers, and to pro-vide for the prompt and continuous

movement of necessary traffic, the at-tainment of which purposes is essentialto the successful prosecution of the war,It is hereby ordered, That:

1. Powell shall:(a) Suspend the transportation of

shipments originating at or routedthrough Kansas City, Missouri and des-tined to Clinton and intermediate pointsbetween Clinton and Springfield on Mis-souri State Highway 13, and divert suchshipments, at its terminal at KansasCity, to Frisco;

(b) Suspend the transportation ofshipments originating at or routedthrough Springfield and destined toClinton and intermediate points betweenClinton and Springfield on MissouriState Highway 13, and divert such ship-ments, at its terminal at Springfield, toFrisco; and

(c) Suspend transportation of ship-ments originating at Clinton and Inter-mediate points between Clinton andSpringfield on Missouri State High-way 13.

2. Frisco shall accept, transport anddeliver to destinations all shipments di-verted to it in accordance with thisorder pursuant to the lawfully applicablerates, charges, rules and regulations ofthe diverting carrier.

3. Except as may be otherwise pro-vided by agreement between the carriers,or prescribed by the Interstate Com-merce Commission or by appropriateState regulatory body, the division ofrevenues derived from the transporta-tion performed pursuant to this ordershall be as determined by tht Office ofDefense Transportation.

4. The records of the carriers shall boavailable for examination and inspec-tion at all reasonable times by dccreditedrepresentatives of the Officb of DefenseTransportation.

5. The provisions of this order shallnot be so construed or applied as to re-quire either carrier named herein to per-form any service beyond its transporta-tion capacity, or to permit either carrierto alter its legal liability to any shipper.In the event compliance with any termof this order would conflict with, orwould not be authorized under, the exist-ing interstate or intrastate operatingauthority of either carrier named herein,such carrier forthwith shall apply to theappropriate regulatory body or bodiesfor the granting of such operating au-thority as may be requisite to compli-ance with the terms of this order, andshall prosecute such application withall possible diligence. The coordinationof operations directed by this order shallbe subject to the carriers' possessing orobtaining the requisite operating au-thority.

6. Each of the carriers forthwith shallfile a copy of this order with the appro-priate regulatory body or bodies havingjurisdiction over any operations affectedby'this order, and likewise shall file, andpublish in accordance with law, and con-tinue in effect until further order, tariffsor supplements to filed tariffs, settingforth any changes in rates, charges, op-erations, rules, regulations and prac-tices of the carrier which may be neces-sary to accord with the provisions ofthis order; and forthwith shall applyto such regulatory body or bodies for

8886


special -permission for such tariffs orsupplements to become effective on theshortest.notice lawfully permissible, butnot prior to the effective date of thisorder.

7. Contractual arrangements madebetween carriers to effectuate the termsof this order shall not extend beyondthe effective period of this order.

8. Commfiunications concerning thisorder should refer to "SupplementaryOrder ODT 3, Revised-32", and, unlessotherwise directed, should be addressedto the Division of lotor Transport, Officeof Defense Transportation, Washington,D.C.

9. This order shall become effectiveJuly 5, 1943, and shall remain in fullforce and effect until the termination of-the present war shall have'been dulyproclaimed, or until such earlier time asthe Office of Defense Transportation byfurther order may designate.


JOSEPr B. EAST=;,Director,

Office of Defense Transportation.

[IP. R. Doc. 43-10353;_Piled, June 28, 1943;11:09-a. m.]

OFFICE OF PRICE ADAINISTRATION.[Administrative Exception Order 47 Under

RO 1A]

TRE RATIONING

SALES OF EMERGENCY TIR BY DZFENSESUPPLIES CORPORATION

Defense Supplfes Corporation has in'its various warehouses located through-out the United States between two andthree million tires which require repairand cannot be recapped. Defense Sup-plies Corporation has requested the au-thorization of this Office to transferthese tires to dealers in amounts of notless than 25 or more than 200 tires perdealer outlet. The tires received by thedealers are to be sold to personsholding certificates authorizing the ac-quisition of Grade II tires. DefenseSupplies Corporation has designatedthese tires as "emergency" tires and theywill be branded on the sidewall with thefiguke "0". They will be sold to dealersat a price not to exceed fifty cents each.

Section 803 (d) of Ration Order 1Aprovides that no dealer or manufacturershall transfer to a consumer a tire thatis in need of repair. Although the tiresheld by Defense Supplies Corporationare in need of repair, many of the tiresare in such poor condition that a wasteof rubber would result if they were re-paired with so-called permanent re-pairs. However, these tires can be madeserviceable by the use of temporary re-pairs such as boots, inner liners, etc. Inmany instances, these temporary repairscan be made by consumers. Thus, inview of the shortage of tire repairmenand the need for expeditious distribu-tion of these tires, it is in the interestof the mileage rationing program to dis-tribute these tires, without repair, toeligible users.

It is the opinion of the Deputy Ad-ministrator in Charge of Rationing thatpermitting dealers to transfer to Grade311 certificate holders the "emergency"tires even though they are In need ofrepair will neither impair nor defeat theeffectiveness or policy of Ration Order1A and an exception to or waiver orvariance of any provision setting forthstandards of eligibility or need is notinvolved.

It is therefore ordered, That pursuantto the provisions of section 807 (W ofRation Order 1A, Defense Supplies Cor-poration is hereby authorized to transferwithout certificate to dealers the tiresdesignated by them as "emergency" tiresin amounts of not less than 25 or morethan 200 tires per dealer outlet, providedthese tires are branded on the sidewallwith the figure "0."

It is further ordered, That the RubberManufacturers Association of America,Inc., as agent for Defense Supplies Cor-poration, shal forward a copy of theshipping order for such transfer to theOPA Regional Office for the area Inwhich the dealer is located within fivedays after the shipment.

It is further ordered, That upon re-ceipt of the tires they shall be inspectedby the dealer and within ten days there-after the dealer shall notify the OPADistrict Office in writing of the numberof tires which are scrap and which hedesires to dispose of as such. These tiresshall be segregated and held by him (forinspection by the Office of Price Admin-istration) for a period of not less thanthirty days after the forwarding of theiotiflatlon to the District Office.

It is further ordered, That a dealeracquiring branded tires pursuant to thisorder may transfer these tires to con-sumers in exchange for certificates au-thorizing the acquisition of a Grade 331tire even though the tires are in need ofrepair.

This order shall become effective June25, 1943.

(Pub. Law 671, 76th Cong. as amendedby Pub. Laws 89, 507, 421 and 429, 77thCong.; WPB Dir. No. 1, 7 P.R. 562, E.O.9125, 7 P.R. 2719)

Issued this 25th day of June 1943.PAUL M. O'Lr.Y,

Deputy Administrator,In Chargg of Rationing.

[P. . Doc. 43-10238; Filed, June 23, 1043;4:21 p. m.l

[Order 1 Under ZIPR 1221GEORGE B. NawroN COAL Co.

ORDER OF REVOCATIO:NOrder I under Maximum Price Regu-

lation No. 122-Solid Fuels Deliveredfrotn Facilities Other Than ProducingF acilities-Dealers; Docket No. 3122-8.

An opinion accompanying this orderof revocation has been issued simultane-ously herewith and filed with the Di-vision of the Federal Register.

Order No. I under Maximum PriceRegulation No. 122 is hereby revoked.

This order of revocation shall becomeeffective June 25, 1943.

(Pub. laws 421 and 729. 77th Cong.; E.O.9250, 7 P.R. 7871; E.O. 9328, 8 F.R. 4631)

1 sued this 2 5th day of June 1943.PrENTrss M. Bnovs,

AdmEnistrator.IF. R. Dc. 43-10246; Filed, June 25, 1943;

4:17 p. ra]

Regional Office Orders.

lReion I Order G-221

Order No. G--22 0under § 1499.18 (c)of the General Maximum Price Regula-tion, § 1351.807 of Maximum Price Reg-ulation No. 280--Prices for Specific FoodProducts, and § 1351.403 of MaximumPrice Regulation No. 329--Purchases ofMilk from Producers for Resale as FluidMilk.

For reasons set forth in an opinionIssued simultaneously herewith andunder the authority vested in the Re-gional Administrator of Region I of theOffice of Price Administration by§ 1499.18 (c) of the General MaximumPrice Regulation, as amended by Amend-ment 33, by § 1351.807 of Maximum PriceRegulation No. 280 and by § 1351.403 ofMxmum Price Regulation No. 329, it isghereby ordered:(a) The maximum prices established

by, 9 1499.2 of the General MaBximumPrice Regulation and § 1351.803 of Max-imum Price Regulation No. 280 for fluidml sold or delivered in the localities inthe State of Vermont listed in paragraph(a) (2) of this order, and established by§ 1351.402 of Maximum Price RegulationNo. 329 for fluid milk bought or receivedfrom producers in Region I for ultimateresale as fluid milk in such localities, aremodified so that the maximum prices foisuch fluid milk shall be the prices (incents) specified In the applicable sched-ule below:

(1) For the purposes of paragraph (a)of this order certain localities in theState of Vermont have been allocatedamong eJght zones as defined below, andthe maximum prices (in cents) forstandard milk sold or delivered in suchlocalities shall be as follows:

PRICE ZONE 1

IRetail Retail Kf' 11 Dr.QunntYtv(~tt4_ ) dIlr- Gv~r -tc

cud cc=ta d1 J r

Qt is 15 23 1223 23 25 23

9 8 7---- 1 -. . 7 4M, 4

PRICE ZONE 2

2Q o 27 2-1Pi. 8 7 C

PRIZ ONE 3

2QL........... 20 2G 231 21

3-SPL.... 1.- 1 4 39

8S7


PRIZE ZONE 4 ZI

Retail Reail Whole- Pealer-Quantity (bottles) doliv. over sale to-

ered counter e dealer

t ------------------- 13H, 13H 11M, 10M,2Qt -------------- 2 25 22 20P t ---- ---- ---- ---- ---- ---...rA Pt ............. .. --'7 1 6 4 34

" PRICE ZOE 5

Qt..-------13 13 11 102Qt ------------- 24 24 21 19

t ------------- 6 432 Pt..................... 3

PRICE ZONE 6

Qt-----.. " ------ 12. 12 10 9M2Qt:::::------- 23 23 20"' 1Pt..---------------------7 7

Y t-:--6 4 3M4

PRICE ZONE 7

Qt ---------------- 12 :112 _ 10 92 Qt----------------- ------- --- TPt---------------- ------- ,7

3t- -------- --------- 5 3%4 3

PRICE ZONE 8

Qt------------~ 3 ...... 934 8342 Qt ---------------------- .....- ---- ----Pt --------------- -------- 6 0 5-

'34Pt ------------------ 5 33l 3

(2) The Price Zones into which certainlocalities ir the State of Vermont areallocated for the purposes of paragraph(a) of this order shall be as follows,refeiences- being to Market Areas asdefined by the Vermont Milk ControlBoard in its last orders erective beforethe date of issuance of this order:

(i) Price Zone 1 shall include:

Burlington market area: (For milk with abutterfat content of more than 4%)-Winooski, Winooski Park; Burlington, ShoreLine and Summer resorts from north end ofMalletts Bay in Colchester to southerlyboundary of Bartletts Bay and congested areaIn South Burlington.

Springfield market area: (For milk with,a butterfat content of more than 4%)-The Town of Springfield.

(ii) Price Zone .2 shall include:Rutland market area: (For milk with

a butterfat content of more than 4%)-Rutland City, Rutland Town, Center Rut-land.

(iii) Price Zone 3 shall include:

Derby market area: (For milk with abutterfat content of 4.5% or more)-Thetownship of Derby including the incorpo-rated villages of Derby and Derby Line.

Enosburg Falls market area: (For milkwith a butterfat content of 4.5% or more)-Incorporated village of Enosburg Falls.

Essex Junction market area: (For milk'with a butterfat content of 4.5% or more)-the village of Essex Junction.

Johnson market area: (For milk with abutterfat content of 4.5%. or more)-Thevillage of Johnson, incorporated.

Lyndonville market area: (For milk witha butterfat content of 4.5% or more)-Thevillage of Lyndonville and the township ofLyndon.

Newport market area: (For milk with abutterfat content of 4.5% or more)-City of'Newport and the Newport Country Club.

. Richford market area: (For milk with abutterfat content of 4.5% or more)-Theincorporated village of Richford.

St. Albans market area: (For milk witha butterfat content of 4.5% or more-Thecity of St. Albans and the township of St.Albans.

Barre market area: The city of Barre; Townof Barre, including East Barre, South Barre,Graniteville; the village of Foxville.in theTown of Williamstown; and the Montpelierroad to Dodge Crossing.

Bellows Falls market area: Incorporatedvillage of Bellows Falls, Saxtons River, EastParish, and North Westminster.

Bennington market area: The town of Ben-nington and such parts of the town of Shafts-bury as lie within the limits of the villagesof North Bennington and Shaftsbury.

Brattleboro market area: The town of Brat-tleboro.

Burlington -market area: (For milk witha butterfat content of 4% or less) -Winooski.Winooski Park, Burlington, Shore Line andSummer resorts from north end of MallettsBay in Colchester to southerly boundary ofBartletts Bay and congested area in SouthBurlington.

Montpelier marketarea: City of Montpeller,Barre road to Dodge Bridge; Worcester roadincluding village of Wrightsville, East Mont-pelier Village to Plainfield line and Burling-ton road to Middlesex line.

Northfied market area: The Town of North-field.

St. Johnsbury market trea: The incorpo-rated village and the Township of St. Johns-.bury.

Springfield market area: (For milk with abutterfat content of 4% or less) the Town ofSpringfield.

-Waterbury maiket area: All of the townof Waterbury, Duxbury, beginning at Wi-nooski Creek Bridge extending to and includ-ing Duxbury Corner to Crossett Hill turnby Demeritt Saw Mill, then to Moretown towvnline near South Main Street Bridge and inMoretoWn to include all of the area adjacentto Duxbury Corner and extending in Middle-sex to Buck Bridge.

White River Junction market area: Townof Hartford, Town. of Norwich, that partof the town of Hartland known as District#4.

Windsor market area: Town of Windsor,Village of Windsor, Town of Hartland except-ing District #4.

(iv) Price Zone 4 shall include:Rutland market area:, (For milk -with a

butterfat content of 4% or less)-RutlandCity, Rutland Town, Center Rutland.

(v) Price Zone 5 shall include:

Barton market area: Incorporated Villageof Barton and summe cottages immediatelyadjacent to Crystal Lake.

Bethel market .area: , The Whitcomb SchoolDistrict.

Bradford market area: The incorporatedvillage of Bradford.

Brandon Market Area: The village ofBrandon as far north on Route 7 as PineHill Cemetery; out Tucker road as far asand including T., Davidson's farm; outChamplain Street as far as the overpass;down Pearl Street as far as the village dump;down Carver Street as far as and includingHarry Dundon's farm; through the Jonbs-Pond District as far south on Route 7 asand including Pate's Tourist Home; resi-dence along Golf Course road from Good-now's to Mrs. Edward's inclusive; from Mrs.Edward's residence -across to the Catholic,cemetery to the Forestdale-Brandon road;all residences on Seminary Hill.

Bristol market area: Village of Bristol to-Dawes Corners, west to Richardson Place butnot including Richardson Place, east to RockyDale, north to-schoolhouse at Gold Grounds.

Cavendish and Ludlow market areas:Township of Cavendish including the Incor-porated village of Proctorsville and thevillage of Cavendish; the incorporated villageof Ludlow, and the Township of Ludlow.

Chelsea market area: The Fire District ofthe Village of Chelsea.

Chester market area: Chester Fire DistrietNo. 1 and Fire District No. 2, Including on theAndover Road the farm of John Arcott,

Derby market area: (For milk'with a but-terfat content of less than 4.6% )-The town-ship of Derby, including the incorporatedvillages of Derby and Derby Line.

Enosburg Falls market area: (For mil.with a butterfat content of less than 4,6%)1-Incorporated village of Enosburg Falls.

Essex Junction market area: (For milkwith a butterfat content of less than 4.6% )-The village of Essex Junction.

. Fairlee market area: The town of Fairlo,.Gilman market area: The village of Oilman

including the road leading north as far asIda Bell's farm; south to the James Grantfarm; west to Irwin Power's farm and eastto the Connecticut River.

Hardwick market area: The Incorporatedvillage of Hardwick and the village of Mack-ville.

Island Pond market area: The village ofIsland Pond and the town of Brighton.

Jeffersonville market area: The inCOrpo-rated villages of Cambrldgeboro and Jeffer-sonville and the village of Cambridge Junc-tion.

Johnson market area: (For milk with abutterfat content of less than 4.% )-Thevillage of Johnson incorporated,

Lyndonville market area: (For milk With'a butterfat content of less than 4,6% )-Thevillage of Lyndonville and the township ofLyndon.

Manchester market area: The town of Man-chester.

Mlddlebury market area: The township ofMlddlebury and that portion of the town ofWeybridge from Gorham's Corner throughPulp Mill Bridge to Seym ur Street.

Morrisville market area: The township ofMorristown and the township of Hyde Parkexcluding North Hyde Park Villngo.

Newport market area: (For mill, with abutterfat content of less than 4.6%)-Cityof Newport and the Newport Country Club,

North Troy market area: Including all theterritory within the boundary of the NorthTroy Corporation.

Orleans market area: The incorporated vil-lage of Orleans.

Plttsford market area: Pittsford Villagebounded as follows: On the north by farmof J. B. Candon, Maine Route #71: on tileeast by what Is known as the Plains andPittsford Furnace;, on the west by OtterCreek and on the south by Hudson SchoolHouse.

Plainfield market area: Tlo incorpdratcdvillage of Plainfield.

Randolph market area: The village of Ran-dolph.

Richford market area: (For milk with abutterfat content of less than 4.6,%)-Theincorporated village of Richford.

Richmond market area: Incorporated vil-lage of Richmond and village of Jonesville,

Rochester market area: North Boundary-Bean Bridge; South Boundary--Severy Bridge,East Boundar]-Brooks Street to village res-ervoir; also Bethel Mountain road to PearlSander's house. Also including that part of

*Rochester Village lying west of the River onthe west of said Village.

St. Albans market area: (For milk with abutterfat content of less than 4.5%) -Tlocity of St. Albans and the township of St.Albans.

Stowe market area: Village of Stowe In-cluding lower village; Waterbury road as faras Karl Moody Farm; Morrisville rnd as faras E. C. Scribner place; West Branch road

8888


as far as Leon McCutcheon; on the Northroad to Jeffersonville up to and includingBarnes Camp; Stowe Hollow as far as WillRollin's; Moscow Road as far as Cohn'sPlace so-called.

Vergennes market area: The City of Ver-gennes.. Walingford market area: Village of Wall-ingford and, to be specific, a radius of twomiles with the True Temper Inn as a center.. Williamstown market area: The 'Fire Dis-trict of the village of Williamstown.

Wilmihgton market area: The Incorpo-rated village of Wilmington and all Inter-vening territory within the following limits:From the Averill stand comer on the Brattle-boro Road to West Street at the barn andgarage of the Forest and Stream Club, andfrom the Crafts' Farm on the north to thetop of Castle Hill -on the south.

Woodstock market area: The town ofWoodstock.

(vi) Price Zone 6 shall include:All localities not listed in Price Zones 1,

2, 3, 4, 5. and 7 of this order and situatedsouth of a line commencing at a point whichis themnorthwest corner of the Town of Char-lotte and running easterly along the north-erly boundary lines of the towns of Charlotteand Hinesburg to a point which is the north-east comer of said town of Hinesburg; thencesoutherly along the eastern boundary lineof the town of Hinesburg to a point where thenortherly boundary line of the town of Hunt-ington intersects with the easterly boundaryline of the town of Hinesburg; thence easterlyalrng the northerly boundary line of the townof Huntington to a point where the northerlyboundary line of the town of Huntingtonintersects with the westerly boundary line ofthe town of Duxbury. thence northerly along'the westerly boundary line of the town ofDuxbury to the northwesterly comer of saidtown of Duxbury; thence easterly along thenortherly boundary lines of the towns of Dux-bury. Moretown,, Berlin, and Barre to thenorthwest comer of Orange County: thenceeasterly along the northerly boundary line ofOrange County to a point which is the north-easterly comer of Orange County.

(vii) Price Zone 7 shall include:Milton market area: The area bounded by

the limits of the village of Milton and, incertain directions extending to and ncludingthe following points along the cement roadto the airport, and the St. Albans road to JimManley's, the Mltonboro Voad to JohnLarocque's, the south road to McMullen'sCrossing; meaning to include all interveningterritory within the aforesaid bounds.

Montgomery market area: The Villages ofMontgomery and Montgomery Center.

Wetmore market area: On the east side ofthe lake south to and including Trail's End;east on the Long Pond road to Gerald Perkin'sfarm and on the East Hill road to CharlesShover farm and M. LaCrosse farm; north tothe Brownington and Barton lines; westaround the lake including all the camps upto and including Irving Robinson's and backfrom the lake to Len Woodard's farm.

(viii) Price Zone 8 shall include:All localities not listed in Price Zones 1,

2, 3, 4, 5 and 7 of this order situated northof the line described n Price Zone 6 of thisorder.. (3) The maximum prices for fluidmilk bought and received from produc-ers in Region I for ultimate resale asfluid milk in the areas and localitieslisted and described in Price Zones 1, 2,3, 4. 5, 6, 7, and 8 6f this order shallbe as follows:

No. 127- 15

Bn .tuesnons oo_ .

Price toprodlucMr

Marl ct arca (Pcr cut,).. .. .. . .. .. . e3.95

Bellows Falls, Cavcndth-Ludlow.Chester, Springfield, White RiverJunction. Windsor, Woodstoc-.. 3.79

Barre, Barton, Bennington, Bthel,Bradford, Brandon, Brictol. Burling-ton, Chelsea. Darby. Eno:burg Fallo,Essex Junction, Fatrlec, Gilmnn,Hnrdwick, Island Pond, Jeffron-ville, Johnson. Lyndonvillo, Maon-chester, Mddlebury, Montpeller.Morrisville. Newport. North Troy.Northfield, Orleans, Plt tzord. Plain-field. Randolph. Richford. Roch-ester. Rutland. St. Alb=ns. St. Johns-bury, Vergennes, Wallingford. Water-bury, Williamstown, Wilmington.and localities south of the line de-scribed in Price Zone 6 of this order 3. &S

Milton, Montgomery, Richmond,Stowe. and Weztmore -------..... 3.32

All localities north of the line de-scribed in Price Zone 6 of this order. 3.26

(4) The above retail prices for stand-ard milk shall be the maximum pricesfor sales for home consumption by pro-ducers, dealers, producer-dealers andstores, whether sold for cash or oncredit, and whether sold on the premisesor delivered to the consumer. Theabove retail prices shall also be themaximum prices for sales of standardmilk by hotels, restaurants, soda foun-tains, bars, cafes, caterers, or othersimilar eating establishments for otherthan home consumption: Prorlded, Thatif the maximum retail prices of any suchseller as established under § 14992 of theGeneral Maximum Price Regulation arehigher than those set forth above, themaximum retail prices so establishedunder such regulation shall be suchseller's maximum prices.

(5) The above wholesale prices forstandard milk shall be the maximumprices for sales in containers of the sizeslisted, in any quantity, to stores, hotels,restaurants, hospitals, schools and otherincidental wholesale trade, and toreligious and fraternal organizations andinstitutions and government agencies,and also for sales averaging eight ormore quarts daily to boarding houses,tourist lodges serving meals, and waysidestands.

(6) The above dealer-to-dealer maxi-mum prices shall be the maximum pricesfor sales by dealers or producer-dealersto other dealers or producer-dealers.

(7) For milk sold in paper containers,not more than one cent per containermay be added to applicable prices setforth herein.

(8) The maximum prices fixed In thisorder for standard milk shall be appli-cable whether the milk Is pasteurizedor raw, except that where pasteurizedmilk is delivered by a dealer in a marketother than the one in which his prin-cipal place of business is located, hismaximum price for such milk shall bethe maximum price for such milk in themarket in which his principal place ofbusiness is located If such price is higherthan that in the market in which hedelivered the milk

(9) In the Burlington market areaand the Springfield market area no milk

with a butterfat content of 4% or lessshall be sold at prices in excess of thoseprovided In the schedule above for PriceZone 3, and no milk with a butterfatcontent of more than 4% shall be soldat prices ;in excess of those provided inthe schedule above for Price Zone 1.

(10) In the Rutland market area nomilk vith a butterfat content of 4% orless shall be sold at prices in excess ofthose provided in the schedule above forPrice Zone 4, and no milk with butterfatcontent of more than 4% shall be sold atprices in excess of those provided in theschedule above for Price Zone 2.

(11) In the Derby, Enosburg Fells,Essex Junction, Johnson, Lyndonvflle,Newport, Richford, and St. Albans mar-ket areas, no milk with a butterfat con-tent of less than 4.5% shall be sold atprices in exces of those provided in theschedule above for Price Zone 5, and nomilk with a butterfat content of 4.5% ormore shall be sold at prices in excess ofthose provided In the schedule above forPrice Zone 3.

(12) All other customary depositcharges and price differentials which anyseller had in effect during the base periodfor special milk, including but not lim-ited to Grade A milk, flavored milk, trademarked milk, and milk of specially highor low butterfat content. may be addedto or must be subtracted from, as thecase may be, the maximum prices forstandard milk as fixed in this order.The base period to be used for computingall such differentials shall be:

UI) For sales of fluid milk subject tothe General Maximum Price Regulation,March 1942.

(ii) For sales of fluid milk subject toMaximum Price Regulation .280, theperiod September 28, 1942, to October 2,1942, inclusive.

(lil) For purchases of fluid milk fremproducers subject to Maximum PriceRegulation 329, January 1943.

(13) The maximum prices for singlepints sold at retail in combination withone or more quarts, or when quarts arenot available, shall be no more than one-hlf of the above retail quart prices.

(14) Where the total bill at the timeof sale, if sold for cash, or at the end ofany billing period if sold on credit, comesout at a fraction of a cent, the sellermay charge the next higher cent.

(b) Each milk distributor sellin- milksubject to this order to purchasers forpurposes of resale shall promptly notifysuch purchasars in writing of the maxi-mum prices permitted by this order forsales by the distributor and by such pur-chasers, and of the requirement thatsuch maximum prices for sales at retailbe posted by such purchaser (if a re-tailer) in accordance with the provisionsof section 13 of the General MaximumPrice Regulation.

(c) All previous Region I price ordersaffecting the Maximum prices of fluidmill: sold in the State of Vermont aresuperseded by this Region I Order No.G-22, including:

(1) Region I Price Order 3 under§ 1499.18 (c) of the General MaximumPrice Regulation-Fluid Milk in Ben-nington, Vermont.

8SS9


(2) Region I Price Order 4 under-§ 1409.18 (c) of the General MaxiinuniPrice Regulation-Fluid Milk in Mont-pelier and Barre, Vermont.

(3) Region I Price Order 5 under§ 1499.18 (c) of the General MaximumPrice Regilation-Flud Milk in t. Al-bans and Swanton, Vermont.

(4) Region I Price Order 11 'under§ 1499.18 (c) of the General MaximumPrice Regulation and § 1351.807 of Maxi-mum Price Regulation 280-Fluid Milkin Vermont.

(d) This order may be revoked,amended, or corrected at any time.

(e) This order shall become effectiveApril 7, 1943 at 12:01 A. M.

Issued this 6th day of April, 1943.K. B. BACx=AN,

Region Administrator,Region I.

[P. n. Doc. 43-10178; Filed, June 25, 1943;9:40 a. M.]

[Region I Order 0-22, Amdt. 1]

FLUm MILK IN VERMONTAmendment 1 to Region I Order No.

0-22 under § 1499.18 (c) of the GeneralMaximum Price Regulation, § 1351.807of Maximum Price Regulation No. 280-Prices for Specific Food Products, and§ 1351.408 of Maximum Price- Regula-tion No. 329-Purchases of iilk fromProducers for Resale as Fluid Milk.

For the reasons set forth in an opin-ion issued simultaneously herewith andunder the authority vested in the Re-gional Administrator of Region I of theOffice of Price Administration by§ 1499.18 (c) of the General MaximumPrice Regulation, as amended by Amend-ment 33, by § 1351.807 of Maximum PriceRegulation No. 280 and by § 1351.408 ofMaximum Price Regulation No. 329, It ishereby ordered, That paragraph (a) (1)be amended and that paragraph (f) beadded to read as set forth below:

(a) ** * I..(1) For the purposes of paragraph

(a) of this order certain localities n theState of Vermont have been allocatedamong eight zones as defined below, andthe maximum prices (in cents) forstandard milk sold or delivered in suchlocalities'shall be as follows:

PRICE ZONE 1

Retail Retail Wole. DealerQuantity deliv- over o -le dae

ered counter dealer

Qt. bottles ----------- 15 1 13 122qt. bottles --------- 28 28 25 23Pt. bottles ...---------------- 9 8 7

plnt bottles .............. 7 43 4, Jr.per qt ---------....... .... 12 .

PRICE ZONE 2

Qt. bottles--------14%4~ 12"4113P.bottlew ........... l ...... !-I 8 7

F2plnt bottles -------.-------- 6 4 4B , per qt--------------. ...... 113.

PRICE ZONE 3

Retal erlal Dealer.Quantity dA Hv. Wblo tale

etd counter sae dealer

Qt. bottles. , 14------ 1- t bo tl es... ... :.- 26 , , J 2

t. bottles .---------- -------- 8 7 634pintbottles ...... I ...... 6 4 3%

Ask, Per qt--...- -I----. ------ . ------

PRIOE ZONE 4

Qt. bottles-------133 13-4 14 10342 qt bottles..... 25. 25 22 2Pt. bottles ---........ ------- 7 6

pt. bottles- ...... 6 4 3%I lk. per (it. --------- ------- - ........

PRICE ZONE 5

Qt. bottles ...--------- 13 13 11 102 qt. bottles.. ....- 24 24 21 18Pt. bottles..---- ---- -- ----- 7 6p.bottles._. ..... ........ 6 s.........-- ----- "----; --- --- 0........ ..

PRICE ZONE 6

Qt. bottles--------- 12%14 12,41~ ' 91,24t. bottles... 23 2'23 2Pt. bottles ------ - --------- - 7 N,t bottles-: 4 . .

RDulk, per qt ------------------------ 8-----e......... ------- 6 ...

YRICE ZONE 7

Qt. bottles ----------- i 12 10 92 qt. bottles ........ --------- -------- - --- ---------Pt.bottles ------- -- ---- 7 I 0 34N pt. bottles ..-------- ----- S 334 3Bulk,per It ------------ : ------- Y----- ..

PRICE ZONE 8

Q t. bottles1......... .. 11H 1 1 3 8

2qt.bote..........------.---- ----- ......pt. bottles............- -

Bulk, per qt -------------------

(f) Amendments to Region I OrderNo. 0--22 shall become effective as fol-lows:

(1) Amendment 1 shall become effec-tive May 24, 1943, at 12:01 a. m.

(Pub. Laws 421 and '729, 77th Cong.; E.O.9250, 7 P.R. 7871, E.O. 9328, 8 P.R. 4681)

Issued this 22d day of May 1943.'K. B. BACRMAN,

RegionaZ Administrator.

Jr. R. Doe. 43-10179; Filed, June 25, 1943;9:42 a. m.]

[Region I Order G-26]

FMMVOOD IN VEPIONTOrder No. G-26 under § 1499.18 (c) of

the General Maximum Price Regulation.For the reasons set forth in an opin-

ion issued simultaneously herewith andunder the authority vested in the Re-gional Administrator of Region I of theOffice of P r i c e Administration by§ 1499.18 (c) of the General MaximunPrice Regulation, as amended by Amend-ment 33, It is hereby ordered: ,

(a) Maximum prices for firewood.Eor firewood sold and delivered in the

State of Vermont the maximum pricesestablished by the General MaximumPrice Regulation are modified, so thatthe maximum prices for firewood soldor delivered in the State of Vermont Inthe transactions listed below shall bethe p4ces (in dollars and cents) speci-fied in paragraph (d) hereof.

(b) Evasion. (1) The price limita-tions seV forth in this Order No. G-20shall not be evaded, whether by direct orIndirect methods In connection with anoffer, solicitation, agreement, sale, deliv-ery, purchase, or receipt of, or relatingto firewood in the State of Vermont,alone or in conjunction with any othercommodity or by way of commission,service, transportation, or any othercharge or discount, premium or otherprivilege, or by tying-agreement or othertrade understanding or otherwise.

(2) The maximum prices establishedin this Order No. G-28 shall not-be In-creased by any charges for the extensionof credit or by any decrease in the timecustomarily allowed for payment, andshall be decreased for prompt paymentto the same extent that the price wouldhave been decreased for prompt pay-ment on March 1, 1942.

(c) Definitions. The definitions setforth in section 302 of the EmergencyPrice Control Act, as amended, and insection 20 of the General MaximumPrice Regulation shall apply to the termsused In thid order except when the con-'text otherwise requires and except thatthe terms listed below shall be construedas follows:

(1) "Person" includes an individual,corporation, partnership, association, orany other organized group of persons orthe legal successor or representative ofany of the foregoing and Includes theUnited States, or any government, orany of its political subdivisions, or anyagency of any of the foregoing.

(2) "Firewood" means any wood pre-pared and intended for consumption asfuel.

(3) Hardwood cordvood. (I) "Firstquality hardwood cordwood" means anycordwood containing only straight sticksof body wood cut from leech, birch,maple, hickory and oak trees and sim-ilar species and not containing any largeknots, crotches or decay. Such sticksmust be at least three (3) inches indiameter.

(11) "Second quality hardwood cord-wood" means any cordwood cut fromany deciduous tree which does not meetthe requirements set forth In the defini-tion of first quality hardwood cordwoodin paragraph (c) (3) (1) above. Sec-ond quality hardwood cordwood maycontain sticks of knotty, crotched orheart rotted character,

(4) "Softwood cordwood" means allcordwood other than hardwood cord-wood.

(5) "A cord" shall contain 128 cubicfeet of wood. A cord of 16 inch woodshall contain the equivalent of three pilesof wood 4-feet high, 8 feet long and 16inches wide. A cord of 12 inch woodshall contain the equivalent of four piles

8890


of wood 4 feet high, 8 feet long anfd 12inches wide. No cord of wood of anylength shall contain less than 128 cubicfeet of wood. This order does not rec-ognize the terms, "a run", or "stove cord",except as they apply to that proportionof a cord of wood containing 128 cubicfeet.

(6) "1Fitted wood" shall be cordwoodfirewood suitable for stove use, sawed andsplit to buyer's order.

- (7) "Slab wood" means the refuse, ex-cept sawdust and bark not adhering tothe wood, from sawing any logs.

(8) 'Wood waste" means edging, bob-bin wood, clippings, and any otherwooden material, except sawdust andslab wood, produced in the course ofmilling or manufacturing wood.

(9) "Cordwood" means any firewoodso prepared thbt at least 80% consists ofcleft wood or merchantable body woodin the round of desirable species.

(10) "Delivered" means deposited onor at premises designated by the buyer.

(4l) 'Minding wood" shall mean anyhardwood or softwood, including waste

wood, split and prepared so as to be pri-marily used to start or kindle a fire.

d) Maximum Prices for flrewood soldor bought in the State of Vermont. (1)On and after the effective date of thisOrder No. G-26 no person shall sell ordeliver, and no person shall buy or re-ceive any firewood in the State of Ver-mont at prices higher than the maxi-mum prices set forth in paragraph (d)of this order.

(2) In sales of fitted wood two dollars($2.00) per cord may be added to themaximum prices for cordwood listed inTable I below.

(3) The classifications of- firewoodlisted herein in Table Lof paragraph (d)may be mixed but the maximum pricesof each sale of mixed firewood shall bethe maximum price for the classificationin the mixture having the lowest estab-lished maximum price.

(4) In sales of unseasoned or greenfirewood the seller shall deduct ten (10)percent from the maximum price estab-

.lished for that grade and quantity offirewood in Table I below.

TABLE I-MAXIOTM C PRIES FOl FIREWOOD

Delivcred at consumr's precms3

In the At At Prcub! . Pcrcub!wsroad- At mill retail it. In fl; ¢21=17

woods side per yard Pr Pcr Pr b-kc t I 1pe od pr con! omrd cord F~ Cr M. oni

rrd crd cut cut cut ccnd ta q.un tIyf2 4 1 1" 1 2n ftit.. c IU 7

cu10 it. th= 9c? 1=3 cub~a It.

First quality hardwoodcordwood4 ft -------- $7.00 $9.00 SILCO ---- - -1---. ML

Firft quality hardwoodcordwoodunder4ft -.-------- 11.00 ------- 13.00 $1350D $13.00 $10.00

Softwood cordwood andsecond quality hard-wod cordwood 4 it.... 3.00 &00 ........ 7.0D ............... 7.03

Softwood cordwood andsecond quality hard-wood under 4 ft --------...... .- 7.00 -- - 9.00 10.00 10.00 1OD

Hardwood slabwood 41t.or over --------------.-------------- 4.00 &0 6-. ..... 01

Hardwood slabwoodunder 4it .....------.---.----.--------. & 1100 12.0D 12.00 1CD .C -

Softwood slabwod 4 ft.or over ---------------------------- &O0 4.00 ED ................. .&0

Softwood slabwood under4ft .....---------------- --------. 0 8.00 9.00 0.00 10. ... ... .

Softwood kindling ------- ..-------.. - ------... ..... .... 0.13 0.11Hardwood kindling ------ -------- --------------------. .. - .. .

(e) The provisions of this order shallbe applicable throughout the State ofVermont.(f) Vermont Price Order No. 1, being

superseded by this Order G-26, is herebyrevoked.

(g) 'This order may be revoked,amended or corrected at any time.This order shall become effective June

14, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 P.R. 7871, E.O. 9328, 8 F.R. 4681)

Issued this 8th day of June 1943.K. B. BAc3KAMN,

Regional Administrator,Region I.

[F. R. Doc. 43-10181; Flqd, June 25, 1943;9:39 a. m.]

[lc.-lon 331 Arndt. 1 to Ordcr G- UnderISPR 122]

SoLI FUELS nT Msxo: Counu', I A1 w

Amendment No. 1 to Order No. G-4under Maximum Price Regulation No.122; Adjustment of maximum prices ofsolid fuels sold and delivered in MarionCounty, Indiana.

For the reasons set forth n an opinionIssued simultaneously herewith andunder the authority vested in the Re-gional Administrator of Region HI ofthe Office of Price Administration by§ 1340.259 (a) (1) of Revised LaximumPrice Regulation No. 122: It is herebyordered, That paragraph (a) and para-graph (b) of said order No. G-4 underMaximum Price Regulation No. 122 beamended to read as set forth below:

(a) This order shall apply to all retaildealers operating in Marion County,Indiana, for the sale and delivery of anysolid fuels for domestic use within saidcounty.

(b) All retail dealers operating inMarion County, Indiana, may add anamount not in excess of 301i per ton totheir maximum prices, as establishedunder Revised Maximum Price Regula-tion No. 122, as amended, for each size.kind, and quality of solid fuel sold anddelivered for domestic use within saidcounty.

This amendment shall become effec-tive June 3, 1943.

Issued June 3, 1943.(Pub. L ws 421 and '729, '77th Cong.; E.O.9250, / P.R. 7871, E.O. 9328, 8 F.R. 4691)

Bxw=urnI.L Wnw~ns,Regional Administrator.

IF. F. Doc. 43-10239; Fled. June 25, 1943;4:18 p. n.]

[Rilon 1V Order G-1 Under Temporary

4 LIPR231

CrMArnr IUs= VEGAxrt ntz i ATLAiiTAREGIO12ALA1IEA

Order No. G-1 under Temporary Maxi-mum Price Regulation No. 29; modifica-tion of prices of certain listed vegetablesin the Atlanta Regional Area; (formerlyGeneral Order No. 1).

For the reasons set forth in an opinionissued simultaneously herewith andunder the authority vested in the Re-gional Administrator for Region IV ofthe Office of Price Administration by§ 1439.304 (c) of Temporary MaximumPrice Regulation No. 29, as amended,and by Revised General Order No. 32, asamended, It is hereby ordered:(a) The purpose of this order is to

establish maximum prices for the fol-lowing fresh vegetables hereinafter re-ferred to as "lsted commodities" whensuch vegetables are produced or sold inthe Atlanta Regional Area which shallInclude the states of Alabama, Florida,Georgia, North Carolina, iissLssippi,South Carolina, Tennessee and V-rginia:

(1) Lettuce.(2) Spinach.

b) Maxim u m "country szipperprices. (1) The maximum price whicha "country shipper" may charge or re-ceive for a "lsted commodity" f. o. b."country shipping point" shall be theprice set forth in Schedule A of thisorder.

(2) The "country shipper" means anyperson, including a farmer, who grades,sacks or loads "listed commodities",whether o: not on board common or con-tract carriers, and who makes sales anddeliveries whether for his own accountor for the joint account of himself andanother, directly to wholesalers, rdtail-ers, commercial, industrial or institu-tional users.

(3) "Country shipping point" meansthe first place in or near the producing

8891


area where the "listed commodity" isloaded for shipment.

(4) The prices set forth in the follow-ing Schedule A are f. o. b. "country ship-ping point" as that term is defined in thisorder but apply only to "country ship-ping points" located within the AtlantaRegional Area. The "country shippingpoint" prices set out in this Schedule Ashall apply, regardless of quantity sold.

(5) Schedule A.THE MAXIMUM "COUNTRY SHIPPING

POINT" PRICES

Listed com. unit Maximummodity price

Spinach (all Bushel hamper $1.65 per ham.fresh). (minimum net per.

weight 20 pounds).In units other than 8.25 cents per

bushel hamper. pound n e t-weight.

Lettuce (iceberg 4-5 dozen L. A. $5.75 per crate.type), standard crate.

6 dozen L. A. stand- $4.75 per crate.ard crate.

2 dozen'6 L. A. $2.SS per crate.standard crate.

3 dozen h L. A. $2.38 per crate.standard crate.

Big~lostontype. 1 i bushel hamper-. $3.90.

(c) Maximum "terminal seller" and"car lot distributor" prices. (1) Themaximum price which a "terminalseller" or "car lot distributor" maycharge or receive for a "listed com-mcdity" shall be the actual cost to such"terminal seller" or "car lot distributor"of the "listed commodity" multiplied by1.035: Provided, That such maximumprice shall not exceed the "countryshipping point" price established bySchedule. A hereof plus "freight" fromthe "country shipping point" from whichthe "listed commodity" was shipped tothe "terminal seller" or "car lot dis-tributor" multiplied by 1.035.

(2) "Terminal seller" or "car lot dis-tributor" shall be any person who re-ceives or purchases "listed commodities"either for his own account or for theaccount of another person, and who cus-tomarily sells ex-track, ex-truck or ex-shipping shed at the terminal market,and who does not customarily warehouseor deliver beyond the terminal marketarea.

(3) The "freight" which may be addedto the "country shipping point" price indetermining the maximum price of a"terminal seller" or a "car lot dis-tributor" shall mean the freight on theparticular quantity of the "listed com-modity" calculated on car lot rail freightrates (including icing the car when re-quired) from the "country shippingpoint" of origin to "terminal seller's" or"car lot distributor's" point of sale.

(d) Maximum wholesale prices. (1)Any wholesaler shall determine prices onWednesday, April 28, 1943, and on eachsucceeding Wednesday while this ordershall remain in effect for each "listedcommodity". Such determination shallbe made before the 'wholesaler com-mences sales on such calculation dateand the price so established shall remainthe wholesaler's maximum price until thenext calculation date.

(2) Each wholesaler shall determinehis maximum price as follows:

(i) Determine whether he be a "serv-ice wholesaler", "retaler:owned-coop-erative wholesaler" or "cash and carrywholesaler".

(Qi) Determine whether he be a "firstwholesaler" or "second or subsequentwholesaler".

(II) Ascertain from Schedule B theappropriate multiplier to be used by awholesaler of his type.

(iv) Multiply "cost" (as set forth be-low) by the appropriate multiplier fromSchedule B.

(3) In determining his maximumprice a wholesaler shall determine "cost"as follows':

(I) If he be a "first wholesaler" hiscost shall be the net invoice cost fromhis supplier if that be a delivered price,or such cost plus actual freight (includ-ing icing of car when required) if hissupplier's price is an f. o. b. price forthe largest single purchase of the "listedcommodity" made by such wholesalerduring the 7-day period preceding thecalculation date on which he is deter-mining prices: Provided, That no suchcost figure shall exceed his supplier'sceiling price as determined under thisorxler: And provided further, That if anysuch wholesaler purchased the particular"listed commodity" from a person in atransaction not covered by this order,his cost figure shall not in any eventexceed the maximum shipping *pointprice provided in Schedule A plus carload freight from the "country shippingpoint" of origin to such wholesaler'sreceiving point.

(ii) If he be a "second or subsequentwholesaler", his cost shall be the costof the "first wholesaler" who sold thelarticuIar lot of the "listed commodity"on which he is determining his maxi-mum price, Provided'; That-any whole-saler who sells to another wholesalershall state on his invoice his net costand the amount of freight paid by him,and provided further that no wholesalershall purchase or receive a, "listed com-modity" from another wholesaler untilhe shall have secured information as tothe first wholesaler's cost.

(4) When used in this order:(i) A "service wholesaler" shall mean

a wholesaler, not retailer-owned, whodistributes vegetables for resale to re-tailers, or to commercial, industrial orinstitutional users, and who customarilydelivers to purchasers.

(ii) A "retailer-owned cooperativen.holesaler" shall mean either a non-profit organization or a corporation ofwhich 51% or more of the capital stockit owned by its retail customers, andwhich distributes vegetables.

(iii) A "cash and carry wholesaler"shall mean a wholesaler, not retailer-owned, who distributes vegetables forresale to retailers, or to commercial, in-dustrial or institutional users, and onewho does not customarily deliver topurchasers.

(iv) "First wholesaler" shall mean thefirst wholesaler, whether "service," "re-tailer-owned cooperative" or "cash andcarry" who sells a particular lot of a"listed commodity."

(v) "Second or subsequent whole-saler" shall mean any wholesaler who

purchases a "listed commodity" fromanother wholesaler.

(5) Schedule B.WHOLEsAtE IuLTnvSLns I DrrrniNrui

PMxu PF icrs UNDER Tis ODDER

WFIR WHoLESALER

"Service wholesaler" --------------- L176"Retailer-owned cooperative whole-

saler" ---------------------------- 1.005"Cash and carry. vTholesaler" --------- 1.095

SECOND WHOLESALER

"'Service wholesaler" --------------- 1. 20"Retailer-owned cooperative whole-

saler" ..-------------------------- 1.20"Cash and carry wholesaler" --------- 1.2

(e) Maximum "truckeer" prices. (1)The maximum price which a truckermay charge or receive for a "listed com-modity" shall be the actual cost to suchtrucker of the "listed commodity" mul-tiplied by 1.095, and provided furtherthat if a trucker purchases the particular"'listed commodity" directly from afarmer, he shall, in determining his max-imum price, use as the "country shippingpoint" the rail head nearest, by road,to the farm on which the particularlisted ommodity was grown and, in de-termining "freight", the trucker shallcompute same on the basis of car lotfreight rate (Including icing the carwhen required) from the "country ship-ping point" so determined to the truck-er's point of sale.

(f) Calculations. All sellers, whenthey compute their maximum prices,shall compute them for the unit of salewhich thef wish to use. If this unit Isdifferent than the unit upon which theirpurchase price was determined, theyshall first compute the net cost to themof the unit which they wish to sell, andthen apply their mark-up, as providedhereinabove, in thia order,

In figuring such prices, all sellers shallcarry their figures out to the seconddecimal place. Sales by such sellers ofsingle units where a frqctlonal cost ofone-half cent or more is Involved mayadjust the price upward to the nearestcent, and where the fractional cent isless than one-half, they shall adjust theprice down to the nearest cent. In salesof more than one unit, the actual maxi-mum price shall be multiplied by thenumber of units, and if any fractionalcent results, they may be adjusted Up ordown, as above stated.

(g) General provisions. (1) If anyperson in Region IV sells a quantity ofa listed commodity which was grownoutside of Region IV, he may determinethe maximum price according to themark-up formula established in thisorder, using as his cost the actual costto him of the largest single purchase ofsuch commodity during the appropriateperiod: Provided, That the first personlocated in Region IV, who sells such com-modity grown outside Region IV, shallnot take as his cost any price which ex-ceeds the ceiling price of his supplier, ifthat be a delivered price, or such ceilingprice plus freight (including car icingif required) If that be an f. o. b. price.

(2) Whenever used in this order "larg-est single purchase" shall mean the pur-chase of the greatest quantity of theparticular "listed commodity" which was

8892


received by the seller at his customaryreceiving point during the seven daysbefore the day on which the maximumprice must be calculated. In calculatinghis maximum price after the effectivedate of this order, a seller who madeno purchases during the seven days be-fore any calculation date shall, on thatcalculation date, use as his "largest sin-gle purchase"-in determining the calcu-lated net cost his most recent purchase.

(h) Exempt sales. All sales of "listedcommodities" exempt by TemporaryMaximum Price Regulation No. 29 in itspresent form or as it may be hereafteramended, or by any maximum price reg-ulation which may specifically supersedesuch Temporary Maximum Price Regu-lation No. 29, are exempt from this orderand furthermore sales or deliveries by afarmer of a "listed commodity" direct toan ultimate consumer shall be exemptfrom the provisions of this order andshall remain subject to the provisions ofTemporary Maximum Price RegulationNo. 29 or other applicable regulation ofthe Office of Price Administration to theextent therein covered.

(i) Records. Every seller subject tothis order shall keep all records uponwhich he-calculated any maximum price,"cost" or "qargest single purchase" underthis order, whether currently in effect ornot, which records shall be kept for solong as the Emergency Price ControlAct of -1942, as amended, remains ineffect.

(j) Relationship between this order,Temporary Maximum Price RegulationNo. 29-and adjustment orders issued un-der Temporary Maximum Price Regula-tion No. 29 in Region IV. Unless thecontext otherwise requires, all transac-tions subject to this order shall remainsubject to all the provisions of Tempo-rary Maximum Price Regulation 29, toother maximum price regulation whichmay specifically supersede such Tem-porary Maximum Price Regulation No.29, and this order shall supersede anyand all adjustment orders issued by anyoffice of the Office of Price Administra-tion within Region IV, whether Regional,State or District.

(k) Effective period - of this order.This order shall remain in effect for solong as Temporary Maximum PriceRegulation No. 29, or any maximumprice regulation which specifically re-places such Temporary Maximum PriceRegulation No. 29, shall be effective:Provided, That this order may be re-voked, amended or corrected at any time.

This order shall become effective with-respect to all "country shipper", "ter-minal seller", "car lot distributor" and"trucker" sales at 12:01 a. m. on Satur-day, April 24, 1943, and with respect toother transactions at 12:01 a. m. onWednesday, April 28, 1943.(Pub. Laws 421 and 729, 77th Cong; E.O.9250, 7 F.R. 7871)

Issued this 22d day of April 1943.JAMES C. DEaisux,

Regional Administrator.[F. R. Doc. 43-10240; Filed, June 25, 1943;

4:20 p. m.

[egion IV Amdt. 1 to Order G-1 UnderTemporary LIPR 231

CFRTAn? LISTED VEGETABLES ni ATL.Am%RscoAL Aa-A.

Amendment No. 1 to Order No. G-1(formerly General Order No. 1) underTemporary Maximum Price RegulationNo. 29; modification of prices of certainlisted vegetables In the Atlanta RegionalArea.

For the reasons set forth in an opinionissued simultaneously herewith and un-der the authority vested In the RegionalAdministrator for Re.Ion IV of the Officeof Price Administratlon by § 1439.304 (c)of Temporary Maximum Price Regula-tion No. 29, as amended, and by RevisedGeneral Order No. 32, as amended, It ishereby ordered:

Paragraph (e) Maximum "1trucder"prices Is amended as set forth below:

(e) Maximum "trucker" prices. (1)The maximum price which a trucker maycharge or receive for a "listed commod-ity" shall be the actual cost to suchtrucker of the "listed commodity" mul-tiplied by 1.095: Provided, That suchmaximum price shall not exceed the"country shipping point" price estab-lished by Schedule- A hereof, plus"freight" from the "country shippingpoint" of origin, multiplied by 1.095: Andprovided further, That If a trucker pur-chases the particular "listed commodity"directly from a farmer, he shall, in deter-mining his maximum price, use as the"country shipping point" the rail head'nearest, by road, to the farm on whichthe particular "listed commodity" wasgrown and, in determining "freight", thetrucker shall compute same on the basisof car lot freight rate (including Icingthe car when required) from the "coun-try shipping point" so determined to thetrucker's point of sale.

(2) A "trucker" shall be any personwho purchases for his own account a"listed commodity" in a producing area,transports same to market by truck andresells to wholesalers or retailers ex-truck.

(3) The "freight" which may be addedto the "country shipping point" price Indetermining the maximum price of a"trucker" shall mean the freight on theparticular quantity of the listed com-modity calculated on car lot rail freightrates (including icing the car when re-quired) from the "country shippingpoint" of origin to the trucker's pointof sale.

(4) Any wholesaler purchasing a"listed commodity" from a trucker Shall,for purposes of determining his max-mum prices, treat the trucker as a "firstwholesaler" and therefore compute hismaximum price under this order as If hewere a "second or subsequent whole-saler:'

This Amendment No. I to GeneralOrder No. 1 under Temporary MaximumPrice Regulation No. 29 shall become ef-fective as of 12:01 a. m. Saturday, April24,1943.

(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 P.R. '871)

Issued this 24th day of April 1943.JAMErS C. flsm=u,

Regional Administrator.

[F. n. Doc. 43-10241; Filed, June 25. 191-3;4:18 p. m.l

IRcslor VII Order G-1 Under TemporaryUPR 231

CmnTzr VEGzEABLEs n; Naw M ,Eco

Order No. G-1 under Temporary Maxi-mum Price Regulation No. 2,-4ertainPerishable Fruits andVegetables; adjust-ment of maximum prices of tomatoes,carrots, snap beans and peas and cabbagefor the State of New Mexico.

For the reasons set forth in an opinionIssued simultaneously with this order andunder authority vested in the NewMexico Stdte Director of the Office ofPrice Administration by § 1439.253 (c) ofTemporary Maximum Price RegulationNo. 28 and by General Order No. 32, It ishereby ordered:

(a) The maximum prices establishedby Temporary Maximum Price Regula-tion No. 28 for sales of tomatoes, cabbage.carrots, snap beans and peas deliveredto retailers and to institutional u~erswithin the State of New Mexico are ad-Justed to conform to the following prices:

(1) Tomatoes, 70% or better U. S. _1-0625 par La Angeles lug.

(2) Cabba ---7e, cents per pound.(3) Bull carrots In lots of 50 pounds or

more-41 cants per pound.(4) Bull: carrots n lots of les than E9

pound ---5 cents per pound.(5) Carrots In standard bunches-65 cents

per dozen bunches.(6) Pole peas, U. S. No. 1-22 cents per

pound.(7) Snap beanc-$7.00 per standard

hamper.(8) Where the seller delivers to a point

located more than trw anty miles from an estab-l-Jied place of busine3s maintained by theraller In New Mexico. the seller may add toeach of the foregoing maxium prices anamount no greater than the selefs price dif-ferentlal between zole3 delivered at such pointand calms delivered In the Immedlate localityof the e ller s place of bu.-iness during theperiod February 18, 1943 to February 22, 191.3.

(b) The maximum prices establishedby Temporary Maximum Price Regula-tion No. 28 for sales at retail of tomatoes,cabbage, carrots, snap bans and peaswithin the State of New Mexico are ad-justed to conform to the following prices:

(1) Prices for class 1, class 2 and class3 retailers:

(1) Cabb-ge-1l cents per pound.-(11) Pole p:,s-33 cents per pound.(Il) Bulk carrot-7 cents per pound.(iv) Bunch carrots-8 cents per bunch.(v) Snap b -3- 5 cents per pound.(vi) Tomatez-i cents ppr pound.

(2) Prices for class 4 and class 5 re-tailers:

(1) Cabbage--10 cents per pound.(H) Pole pe.--31 cents per pound.(Ili) Bull: carot&-6 cents per pound.(iv) Bunch carrot-7 cents par bunch.(v) Snap beans-35 cents per round.(vi) Tomatoez-31 cents per pound.

SS93


-(3) The foregoing casses of retailersare the classes defined in and determinedpursuant to Maximum Price RegulationNo. 268.

(c) This order may be revoked,amended or corrected at any time.

(d) Except as herein modified, the pro-visions of Temporary Maximum PriceRegulation No. 28 shall remain in fullforce and effect.

(e) Lower prices than those estab-lished hereunder may be charged.

(f) This order unless earlier revokedor replaced, shall expire at 12 o'clockmidnight, April 24, 1943.

(g) Unless the context otherwise re-quires, the definitions set forth in§ 1499.20 of the General Maximum PriceRegulation shall apply to the terms usedherein.

This order shall become effective at 12noon, March 25, 1943.

Issued this 24th day of March 1943.HUBERT Y. ATEERTON,

Acting State Director.

JP. n. Doc. 43-10293; Filed, June 26, 1943;12:04 p. m.]

[Region VII Amdt. 1 to Order G-1 Under

Temporary IVIPR 28]CERTAIN VEGETABLES IN NEW MExico

Amendment No. 1 to Order No. G-1Temporary Maximum Price RegulationNo. 28 (formerly General Order No. G-1) -Certain Perishable Fruits and Vege-tables adjustment of maximum prices oftomatoes, carrots, snap beans, peas andcabbage for the State of New Mexico.

For the reasons set forth in an opinionissued simultaneously with this amend-ment, and under the authority vested inthe New Mexico State Director of theOffice of Price Administration by§ 1439.253 (c) of Temporary MaximumPrice Regulation No. 28, and by GeneralOrder No. 32, it is hereby ordered thatparagraph (b) of Order No. G-1 underTemporary Maximum Price RegulationNo. 28 be revoked.

This amendment to Order No. G-1shall be effective April 22, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 P.R. 7871, E.O. 9328, 8 F.R. 4681)

Issued this 21st day of April 1943.S. M. GAF,

State Director.[F. R. Doe. 43110294; Filed, June026, 1943;

12:04 p. m.]

[Region VII Order G-1 Under Temporary

%IdPn 29]

SPINACH In NEW MEXICO

Order No. G-1 under Temporary Maxi-mum Price Regulation No. 29-CertainPerishable Fruits and Vegetables; ad-Justment of maximum prices of spinachfor the State of New Mexico.

For the reasons set forth in -an opin-Ion Issued simultaneouly with this orderand under authority vested in the NewMexico State Director of the Office of

Price Administration by § 1439.304 (c) ofTemporary Maximum, Price RegulationNo. 29 and by General Order No. 32, It ishereby ordered:-

(a) The maximum prices establishedby Temporary Maximum Price Regula-tion No. 29 for sales of spinach deliveredto retailers and to institutional userswithin the State of New Mexico are ad-justed to conform to the following price:

(1) Spinach, $2A0 per 20 pound bushel.(2) Where the seller delivers to a point

located more than 20 miles from an estab-1shed place of business maintained by theseller in New Mexico, the seller may add to theforegoing maximum'prIce an amount nogreater than the seller's price differential be-tween sales delivered at such point and salesdelivered in the immediate locality of theseller's place of builness during the periodFebruary 20, 1943 to February 24, 1943.

(b) The maximum prices establishedby Temporary Maximum Price Regula-tion No. 29 for sales at retail of spinachare adjusted to conform to the price of17 cents per pound.(c) This- order may be revoked,

amended or corrected at any time.(d) Except as herein modified, the pro-

visions of Temporary Maximum PriceRegulation No. 29 shall remain in fullforce and effect. -

(e) Lower prices than those establishedhereunder may be charged.

(f) This order unless earlier revokedor replaced, shall expire at 12 o'clockmidnight, April 24, 1943.

(g) Unless the context otherwise re-quires, the definitions set forth in

- § 1499.20 of 'the General Maximum PriceRegulation shall apply to the terms usedherein.

This order shall become effective atnoon, March 25, 1943.(Pub. Laws 421 and 729 77th Cong., E.O.9250, 7 FR. 7871)

Issued this 24th day of March 1943.HUBERT Y. ATHTON,Acting State Director.

[F. It. Doec. 43-10295; Filed, June 26, 1948;12:04 p. m.]

[Region VII Amdt. 1 to Order G-I UnderTemporary MPR 29]

SPnmAcH IN NEW MmxacoAmendment No. 1 to Order No. G-1

under Temporary Maximum Price Reg-Ulation No."29 (formerly General OrderNo. 1)-Certain Perishable Fruits andVegetables; adjustment of maximumprices of spinach for the State of NewMexico.

Foi the reasons set forth in an opinionissued simultaneously with this amend-ment, and under the authority vested inthe New 'Mexico State Director of theOffice of Price Administration by§ 1439.304 (c) of Temporary MaximumPrice Regulation No. 29, and by GeneralOrder No. 32, it is hereby ordered thatparagraph (b) of Order No. G-1 under!emporary Maximum Price Regulation

No, 29 be revoked.This amendment to Order No. (3-1

,-ghall be effective &rll 22, 143.

(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 P.R. 7871, E.O. 9328, 8 P.R. 4681)

Issued this 21st of April 1943.S. M. GnAr,

State Director.[P. R. Doc. 43-10206; Filed, June 20, 1043:

12:05 p. ma.)

[Region VII Order G-2 Under TemporaryMPR 29]

HEAD LIETUCE IN NEW MEXICOOrder No. G-2 under Temporary Maxi-

mum Price Regulation No. 29 (formerlyGeneral Order No. 2)-Certain Perish-able Fruits and Vegetables; adjustmentof maximum prices of head lettuce forthe State of New Mexico.

For the reasons set forth In an opinionissued simultaneously with this orderand under authority vested in the NewMexico State Director of the Ofilce ofPrice Administration by § 1439.304 (c) ofTemporary Maximum Price RegulationNo. 29 and by General Order No, 32, It ishereby ordered:

(a) The maximum prices establishedby Temporary Maximum Price Regula-tion No. 29 for sales of lettuce deliveredto retailers and to institutional userswithin the state of New Mexico are ad-justed to conform to the following prices:

(1) Head Lettuce, U. S. #1 grade,packed 4, 5, or 6 dozen to a standardcrate, $6.75 per crate.

(2) Head Lettuce, U. S.#1 grade whensold In quantities of less than one orate:Size in terms of pack per Price

standard crate: per do,.4 dozen ----------------------- $1.865 dozen ------------------------ 1.456 dozen ------------------------- 1.20

(3) Where the seller delivers to a pointlocated more than 20 miles from an es-tablished place of business maintainedby the seller in New" Mexico, the sellermay add to the foregoing maximumprices an amount no greater than theseller's price differential between salesdelivered at such point and sales deliv-ered in the immediate locality of theseller's place of business during theperiod February 20, 1943 to February 24,1943.

(b) The maximum prices establishedby Temporary Maximum Price Regula-tion No. 29 within the State of NewMexico for sales at retail of head lettuceare adjusted to conform to the price of16 cents per pound if sold by the pound,and, If sold by the head, are adjusted toconform to the following prices:Size In terms of pack per Price

standard crate: porhcead4 dozen ------------------------ $0.195 dozen -------------------------- .166 dozen -----------...---- .13

(c) Except as herein modified, the pro-visions of Temporary Maximum PriceRegulation No. 29 shall remain in fullforce and effect.(d) This order may be revoked,

amended or corrected at any time, andunless earlier revoked or replaced shallexpire at 12 o'clock midnight, April 24,1943. Individual Order No. 1 under Tem-jorary Maximum Price Regulation No.

- 9 is hereby revoked.

8894


(c) Lower prices than those establishedhereunder may be charged.

(f) Unless the context otherwise re-quires, the definitions set forth in§ 1499.20 of the General Maximum PriceRegulation shall apply to the terms usedherein.

This order shall become effective at10 A. M., April 9, 1943.(Pub. Laws 421 and 729, 77th Cong., E.O.9250, 7 F.R. 7871)

Issued this 9th day of April 1943.S. M. GRAr,

State Director.[F. R. Doc. 43-10297; Filed, June 26, 1943;

12:05 p. m.1

[Region VII Amdt. 1 to Order G--2 UnderTemporary MPR 29]

HEAD LE=CE IN NEW tEXIcoAmendment No. 1 to Order No. G-2

under Temporary Maximum Price Regu-lation No. 29-Certain Perishable Fruitsand Vegetables; adjustment of maxi-mum prices of head lettuce for the Stateof New Mexico.

For the reasons set forth inan opinionissued simultaneously with this amend-ment, and uider the authority vested inthe New Mexico State Director of theOffice of Price Administration by § 1439.-304 (c) of Temporary Maximum PriceRegulation No. 29, and by General OrderNo. 32, It is hereby ordered, That para-graph (b) of Order No. G-2 under Tem-porary Maximum Price Regulation No.29 be revoked.

This amendment to Order G-2 shallbe effective April 22, 1943.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 FIL. 7871, E.O. 9328, 8 FR. 4681)

Issued this 21st day of April 1943.S. M. GmR,

State Director.IF. R. Doc. 43-1Q298; Filed, June 26, 1943;

12:05 p. m.]

SECURITIES AND EXCHANGE C01-MINSSION.

[File Nos. 54-19, 51-34, 54-76]GENnssL GAs & ELEcTRIc CoRPoRATrON

ET AL.

ORDER RECONVENING PROCEEDINGS, NOTICEOF FILING OF PLAN SUBMITTED AND ORDEROF CONSOLIDATION AND HEARINGAt a regular session of the Securities

and Exchange Commission, held at Itsoffice in the City of Philadelphia, Pa., onthe 24th day of June, 1943.

In the matter of General Gas & Elec-tric Corporation, File Nos. 59-19, 54-34;and Trustees of Associated Gas andElectric Corporation with respect to aPlan of Divestment of Assets, Simpli-fication of Corporate Structure andEquitable Distribution of Voting Powerof General Gas & Electric Corporation,File No. 54-76.

The Commission having heretoforeissued its notice of and order for hear-ing, pursuant to section 11 (b) (2) ofthe Public Utility Holding Company Actof 1935, directed to General Gas & Elec-tric Corporation, a registered holdingcompany, which order, among otherthings, directed respondent to showcause why Its corporate structure shouldnot be simplified, its voting power equi-tably distributed among Its securityholders, and It should not be orderedforthwith to proceed to effect its dis-solution (Holding Company Act Re-leases Nos. 2545 and 3766); and

General Gas & Electric Corporationhaving filed a plan of recapitalizatlon,pursuant to section 11 (e) of the Act,which plan, among other things, pro-posed a reclassification of the preentPrior Preferred Stock, Cumulative Pre-ferred Stock, and Class A Common Stockof General Gas & Electric Corporation(a more detailed description of such planhaving been set forth in the order ofthe Commission setting the date for apublic hearing thereon. Holding Com-pany Act Release No. 2598); and

The Commission, having consolidatedthe section 11 (b) (2) proceedings andthe said section 11 (e) proceedings(Holding Company Act Release No.2599); public hearings having from timeto time been held on such consolidatedmatters and the hearings now being inrecess subject to call; and

The Trustees of Associated Gas andElectric Corporation, a registered hold-ing company and parent of GeneralGas & Electric Corporation, having fileda "Plan of Divestment of Assets, Simpli-fication of Corporate Structure andEquitable Distribution of Voting Powerof General Gas & Electric Corporation",pursuant to section 11 (e) of the Act,proposing that such plan be consideredas an amendment superseding the planfiled by General Gas & Electric Corpora-tion hereinbefore referred to; and

It appearing appropriate to the Com-mission that the proceedings institutedpursuant to section 11 (b) (2) of theAct be reconvened for the purpose ofaffording an opportunity to the partiesand any interested persons to completethe presentation of evidence on suchproceedings; and

It further appearing appropriate thatnotice be given of the filing by thetrustees of Associated Gas and ElectricCorporation of the plan submitted bythem;

Notice is hereby given that a "Panof Divestment of Assets, Simplificationof Corporate Structure and EquitableDistribution of Voting Power of GeneralGas & Electric Corporation" (the Plan)has been filed pursuant to section 11 (e)of the Public Utility Holding CompanyAct of 1935, by Deanis J. Driscoll andV.Illard L. Thorp, Trustees of AssociatedGas and Electric Corporation (Trusteesor Agecorp), a registered holding com-pany.

All interested persons are referred tosaid Plan which Is on file at the officesof this Commision for a full statementof the transactions and terms proposedtherein which are summarized as fol-lows:

The Trustees propose that their planbe considered as an amendment super-seding the aboye mentioned plan fiedby General Gas & Electric Corporation.

The plan filed by the Trustees is pred-Icated upon the prior or simultaneousconsummation of transactions affectingcertain subsidiaries of Gengas. Thesetransacticns include:

(a) The consolidation of LexingtonWater Power Company into South Car-olina Electric & Gas Company and theaccompanying issuance to Gengas of123,776 shares (substantially the entireissue) of 5% preferred stock, $50 parvalue, of the resulting c mpany. Appli-cations-declarations under the Act cov-ering these transactions have been ap-proved and permitted to become effec-tire (Holding Company Act Release No.4354).

(b) The merger of Sanford Gas Com-pany, Santa Fe Land Company, andFlorida Public Service Company intoFlorida Power Corporation, and theacquisition by Florida Power Corpora-tion from Gengas of the common stockof Georgia Power and Light Company.Applications-declarations covering thesetransactions are presently pending withthis CommLssion (File No. 70-641). Inconnection with these transactions, ifapproved, Gengas would receive in ex-change for Its present stock holding inthe companies and the payment of$300,000 in cash 3,000,000 shares, the en-tire issue, of common stock of the result-ing Florida Power Corporation.

The Plan represents that as at De-cember 31, 1942, the claims againstGengas and liquidation preference ofthe outstand!ng securities of Gengasare:

Hell b7

Cblmsofd E±tec o

Cont nct tex VIERlt C....... $2,SCOCC2COOMr reOnt ........... 4 2 4 -6,S, Cnvrtalbh1 obUgton, da , 737, rZ,. CO 7S47fafaO-Accrued narct on orpmcnt and C olarcr lb' oblU,

du limt 1,IM .... 3 3 la

due t ------ .h , .... ......... .................. 1,16121.73 1, M W.7 -

Divinds w told on 05 p-ricr prcc. rc sfcfle -- n----y . I Ly44*.Coa

To tal &d m ... ms ----- _ , U& 231 5. 2%1M_.23[

IPablo dums totalng 810,. tr 3affcntcd by Ibis Phr.3 tbk7 a ng cny pall urm mtaffn.

8895


SecuritiesTotal liquldat-

12 prsfer'neiheludin g divi-dends I

Appli

IEstate of Age---dofp

S ble to e

Others

Preferred stocks:S515rlor preferred stock and scrip ---- - . , 312,447.92 934,160.00 $3,378,287.92

$Oc=Epfdst-----------a k 53810, 472.650 61649,471. 25 1,661,001.28cure. pfd. stock, series A ...... .. ............ 1. ..J 5.. 3, 81,4 2.0 1 4,4L2 ,61 0.20 cum. pfd. stock, series B ----------------------------------- 45,083,412.60 48,977,083.75 1,106,32&8757 cur. pfd, stock, series A --------------------------------- 3,743,882.18 8,412 530.63 831,601.65$7 cum. pfd. stock, series B.. %523.75 2,523.75$ cum. pfd. stock, series A .......................------------- 2, 410,805.30 2,191,0"1.00 218,824.10

Total pfd. stocks...... -------------------------------- 110,863,544.15 104,165,226. 63 6,658, 317.52

Common stocks:lass A stock and scrip --------------------- 24,578,462.22 13,109,560.62 1, 468, 001.60lass B steck eand scrip ------------------------ 15,235,000.00 15,184, 926 12 60,073.83

09,813,42. 22 28,294,466.74 11,518, 97& 48

1 Dividend arrears included aggregate $39,'802,069.15, of *ilch $7,897,416.63 Is applicable to the Estate of Agecorpand $1,422,652.52 to others.

By its terms the prior preferred stockIs entitled to cumulative dividends of $5per share, per annum, and in liquida-tion to $100 per share and accrued divi-dends in priority to all other classes ofstock. The cumulative preferred stocksare entitled to cumulative dividends atthe specified rates and n liquidation to$100 per share and accrued dividends.,The Class A common stock is entitled toa non-cumulative dividend of thirty centsper share per year after provision fordividends on the prior and cumulativepreferred stocks. The Class A commonstock is also entitled to an equal distri-bution per share with the Class B com-mon stock after provision for tAe ClassB common stock o, a dividend of thirtycents per share per year. In liquidationthe Class A dommon stock, after $100 pershare and accrued dividends have beenpaid on the prior preferred and cumula-tive preferred stocks, is entitled to re-deive $5 per share, and also to participateequally with the Class B common stockon a share for share basis, after theClass B common stock has received $5-per'share.

As at December 31, 1942, the votingpower was so distributed among the se-curity holders of Gengas that 17.71% was.applicable to the cumulative preferredstocks and 82.29% was applicable tothe common stock, Class B. By theterms of Gengas' charter, all votingpower is normally lodged with the com-mon stock, Class B. After dividend ar-rears of four full quarters (and until allarrears are paid) the cumulative pre-ferred stock votes share for share withthe common stock, Class B. After div-idend arrears of eight full quarters (anduntil all arrears are paid), the priorpreferred stock votes share for share withall other stock entitled to vote at thattime.

A balance sheet for Gengas as of De-cember 31, 1942, appended to the plan,states the total book value of the assetsof Gengas at $32,699,587.82 (this figuredoes not purport to represent presentrealizable values).

The plan indicates that as at the samedate the total liquidating preference ofthe Prior Preferred Stock, including divi-dend arrears, was $6,3L2,448, and thetotal liquidating preference of the Cu-mulative Preferred Stock, including divi-dend arrears, was $104,551,096. The

plan recites that "any distribution ofassets of Gengas among its securityholders * * * in accordance withthe terms of the securities * * *would at most fully cover the claims ofprior preferred stockholders and, tosome extent, those of cumulative pre-ferred stockholders, but" that Gengas'common stock Class A and B would haveno value whatsoever". However, "theTrustees recognize that it has beenclaimed, that the public holders of Gen-gas cumulative preferred and commonstocks are entitled, by analogy to theprinciples announced by the SupreneCourt of the United States in the case ofTaylor v. Standard Gas & Electric Co.,306 U. S. 307 (the so-called 'Deep RockOil' case), to the benefits of a total orpartial subordination of the interests ofthe Agecorp Estate, and thus of the cred-itors of Ageco and Agecorp,. in Gengassecurities". The plan provides for thecompromise of all issues between thepublic holders of the securities of Gen-eral Gas & Electric Corporation on theone hand. and the trustees of AssociatedGas and Electric Corporation, the trus-tee of Associated Gas and Electric Com-pany and their subsidiaries, on the other,by according the public holders of thesecurities of General Gas & Electric Cor-poration the following treatient:'

1. The public holders of the $5 prior pre-ferred stock of General Gas & Electric Cor-poration are to be given, two shares of the5% preferred stock, $50.par value, of thenew South Carolina Electric & Gas Com-pany for each shared of ,$5 prior preferredstock of General Gas & Electric Corporationnow held "with appropriate adjustment, incash or fractional shares of new South Caro-lina preferred stock at par, at the option ofGengas (General Gas & Electric Corpora-tion), for unpaid dividends at the rate of5% per annum to the effective date of thePlan."

2. The public holders of the $K, $7, and$8 dividend series, cumulative preferred stockof General Gas & Electric Corporation areto receive for each such share held twoshares of new South Carolina preferred stock"with appropriate adjustments in cash orfractional shares of new South Carolina pre-ferred stock at par, at the option of Gen.-gas (General Gas & Electric Corporation),for unpaid dividends at contract rates fromSeptember 15, 1936, to the effective date ofthe plan."

3. The public holders of common stock,Class A and Class B, of General Gas & Elec-tric Corporation are to be divided into twogroups, one consisting of those who acquired

their holdings on or prior to October 81,1932, or who are the personal representa-tives, legatees, distributecs, or statutory suc-cessors -of such holders, and the other con-sisting of those who have acquired theirholdings subsequeut to October 31,1032, Theformer is to receive for each share of com-mon stock, Class A or B, presently hold,one and one-half shares of common stockof the new Florida Power Corporation. Thelatter is to receive for each share of commonstock, Class A or B, presently hold, one-halfshare of common stock of the now FloridaPower. Corporation. No fractional shares ofcommon stock of the new Florida Power Cor-poration are to be issued, but scrip, not on-titled to dividends, voting rights, or any otherstockholders' rights, Is to be issued In lieuthereof. This scrip, when combined withother scrip aggregating one or more fullshares, may be exchanged for such shares.All scrip not exchanged for shares is tobecome void after one year from tie effec-tive date of the plan. It Is proposed thatGeneral Gas & Electric Corporation, withthe approval of the Securities and ExchangeCommission, is to designate a bank or trustcompany to which present holders of thecoffmon stock, Class A or B, may submittheir stock certificates within a period to befixed by order of the Securities and EIchangoCommission, together with satisfactory proofthat they are holders of the first clars. Uponthe expiration of such period all stock cer-tificates not submitted are to be conclusivelypresumed, for purposes of participation un-der the plan, to have been acquired by theirholders subsequent to October 31, 1932,

Upon thie distribution of the assets ofGeneral Gas & Electric Corporation toits public security holders, as above dq-scribed, it Is stated that there will re-main no claims against General Gas &Electric Corporation except those heldby the Trustees of Associated Gas andElectric Corporation,

The remaining assets of Gengas willconsist of the balance of the now com-mon stock of Florida Power Corporation,if any, not distributed pursuant to theplan, the common stock of the new SouthCarolina Electric & Gas Company, andHoldings in Tide Water Power Company,Eastern Shore Public Service Company(Del.) and Virginia Public Service Com-pany, unless there has been previousdisposition of such interests. The planindicates that it is the Intention ofTrustees to have Gengas dispose of theseinterests. An applioatlon-declfrationembracing the disposition of EasternShore Public Service Company (Del.) hasbeen filed with this Commission (Hold-ing Company Act Release No, 4277).

Upon the effective date of the plan, anentire issue of new common stock of Gen-gas is to be Issued to Trustees In ex-change for all existing indebtedness andstockholdings in Gengas held byTrustees.

The consummation of the plan Is madecontingent upon:

(a) Approval of the plan by the Se-curities ahd Exchange Commission inproceedings under section 11 (e) of theAct;

(b) The entry by a court of competentjurisdiction of an appropriate decreefinding the plan fair and equitable, anddirecting its consummation, including,without limiting the generality of theforegoing, the delivery of releases byGengas to Ageco, Agecorp, and theirsubsidiaries of any claims which mayexist at the effective date of this plan in

8896


favor of Gengas, except the right on thepart of Gengas and its stockholders toreceive the securities and assets dis-tributable pursuant to this plan.

(c) An appropriate determination bythe Treasury Department as to the taxconsequences of the various transactionsrequired for consummation of the planwhich, in the opinion of the AgecorpTrustees, shall not be unduly burden-some.

(d) Approval by the United StatesDistrict Court for the Southern Districtof New York, in the pending proceed-ings under Chapter X of the BankruptcyAct effecting Agecorp, of the action ofthe Trustees of Agecorp in accepting thetreatment provided by the plan as soapproved with respect to the securitiesof and claims against Gengas held bythe Agecorp Estate.

The plan further provides that anyparty in interest may apply to the Se-curities and Exchange Commission inthe proceedings to be held regarding theplan for an allowance of reasonablecompensation for services rendered andreimbursement for proper costs and ex-penses incurred in connection with theplan and proceedings thereon. Allow-.ances made by the Securities and Ex-change Commission upon such applica-tions shall be paid out of the "remainingassets" of General Gas & Electric Cor-poration.

It appearing to the Commission thatit is appropriate in the public interestand in the interest of investors and con-sumers that a hearing be held with re-spect to said plan and that such planshould not be approved except pursuantto further order of this Commission:

It further appearing to the Commis-sion that it is inappropriate to considerthe plan, not joined in by Gengas, as anamendment to the plan previously filedby Gengas, but rather that the proceed-ings on the plan filed by Trustees involvequestions of law and fact common to theproceedings heretofore held on the planfiled by Gengas (File No. 54-34) and tothe proceedings pursuant to section 11(b) (2) of the Act heretofore institutedagainst Gengas (File No. 59-19), andconcerning which consolidated publichearings have been held heretofore, andthat accordingly the proceeding with re-spect to the plan filed by the Trusteesshould be consolidated with the formerconsolidated proceedings:

It is ordered, That the proceedingswith respect to said plan filed by theTrustees pursuant to section 11 (e) of theAct and the pending proceedings in FileNos. 59-19 and 54-34, be, and the samehereby are, consolidated.

It is further ordered, That a hearingin the consolidated proceedings be heldunder the applicable provisions of theAct and rules promulgated thereunder,on the ninth day of August, 1943, at 10a. in., e. w. t., in the offices of the Securi-ties knd Exchange Commission, 18th andLocust Streets, Philadelphia, Pennsyl-vania, in such room as may be designatedat such time by the hearing room clerkin room 318. All persons desiring to beheard or wishing to participate otherwisein the proceedings should notify the

No. 127-16

Commission In the manner provided byRule XVII of its rules of practice on orbefore August 7, 1943.

It is further ordered, That William W.Swift, or any other officer or officers ofthe Commission designated by It forthat purpose, shall preside at the hear-ings in such matters. The officer sodesignated to preside at any such hear-ing is hereby authorized to exercise allthe powers granted to the Commissionunder section 18 (c) of said Act and toa Trial Examiner under the Commis-sion's Rules of Practice.

It is further ordered, That. withoutlimiting the scope of the issues pre-sented In the consolidated proceeding,at the outset of the hearing particularatterition shall bp directed to the iisuesheretofore set forth in connection withthe 11 (b) (2) proceedings and to thefollowing matters and questions:

The nature and extent of the claimsagainst Gengas based upon its out-standing securities, or otherwise, therelative rank of such claims, and par-ticularly whether and to what extent,if any, the claims held by the Trusteesshould be subordinated to any of theclaims publicly held.

It is further ordered That the Issuespresented by the plan shall be consideredsubsequently and in this connection thatinitial attention shall be directed to thefollowing:

Whether or not the plan (or any otherplan for the reorganization of Gengas)in providing for different treatment ofpublic holders of Gengas common stockClass A and B, depending upon the dateof their acquisitions of their holdings, isfair and equitable.

It is further ordered, That thereafter,without limiting the scope of the isuespresented in the consolidated proceed-ing, attention will be directed to thefollowing matters and questions:

1. Whether the plan as proposed or asmodified is necessary to effectuate theprovisions of section 11 (b) of the Actand is, in all respects, fair and equitableto the persons affected thereby, in-cluding:

(a) Whether, as to the $5 prior pre-ferred stock of Gengas publicly held, itis fair and equitable that such holdersreceive two shares of the new 5% pre-ferred stock of South Carolina Electric& Gas Company for each share of $5prior preferred stock of Gengas presentlyheld by them and, further, whether it is,fair and equitable that the adjustmentsfor unpaid dividends be in cash or frac-tional shares of the new preferred stockof South Carolina Electric & Gas Com-pany, at the option of Gengas;

(b) Whether, as to the $6, $7, and $8dividend series preferred stock publiclyheld, It is fair and equitable that suchholders receive two shares of the new 5%preferred stock of South Carolina Elec-tric & Gas Company for each share of$6, $7 and $8 dividend series preferredstock of Gengas presently held by themand, further, whether It is fair andequitable that dividend arrears on thestocks presently held be provided foronly the period from September 15. 1936,and that whatever dividend adjustments

are made be In cash or fractional sharesof the new 5% preferred stock of SouthCarolina Electric & Gas Company at theoption of Gengas;

(c) In the event that it is determined tobe fair and equitable to distinguish be-tween public holders of the Class A andB common stock of Gengas on the basisof the date of their acquisitions, whetherit is fair and equitable that holders ac-quiring before the specified date receiveone and one-half shares of common stockof the new Florida Power Corporationfor each share of Gengas Class A or Bcommon stock now, held, and that holdersacquiring subsequent to the specifieddate receive one-half share of commonstock of the new Florida Power Corpo-ration for each share of Gengas Class Aor B common stock now held;

2. Whether the provisions for theconsummation of the plan are fair andequitable and In accordance with ap-plicable law.

3. Whether the provisions of the planfor the allowance and payment of feesand expenses incurred in connectionwith Its consummation, and all transac-tions incident thereto, are appropriate.

4. Generally, whether the proposedplan and all transactions incidentalthereto are in all respects in the publicinterest and in the interest of investorsand consumers and consistent with allapplicable requirements of the Act andthe rules thereunder, or, if not, whetherand what modifications or terms andconditions should be required or imposedto satisfy the statutory standards.

It is further ordered, That notice ofthis hearing be given to trustees andGengas and to all other interested per-sons; said notice to be given to trusteesand Gengas by registered mail and toall other interested persons by generalrelease of this Commission which shallbe distributed to the preis and mailedto the mailing list for the releases issuedunder the Public Utility Holding Com-pany Act of 1935 and by publication inthe Fz=nA.L REczois.

It is further ordered, That Gengasgive notice of this hearing by mailingto each of Its public security holders(insofar as the identity of such securityholders is known or available to Gen-gas) to his last known address, at leastfifteen days prior to the date of thishearing, a copy of this order.

It is further ordered, That jurisdic-tion be and is hereby reserved-to sepa-rate, whether for hearing, in whole orin part, or for disposition, in whole orIn part, any of the issues, questions, ormatters hereinbefore set forth or whichmay arise in this proceeding, or to con-solidate with these proceedings other fil-ings or matters pertaining to said con-solidated proceedings, or to take suchother action as may appear conducive toan orderly, prompt, and economical dis-position of the matters involved.

By the Commission.EsnZrLl ORVALI.L DUBOIS,

Secretary.[P. R. Doc. 43-10239; yied, June 28, 1943;

12:55 p. m.I

SS97

8898 FEDE

[File No. 70-734]

EAST MISSOURI POWER COMPANYORDER GRANTING APPLICATION AND PER-

zIITTING DECLARATION TO BECOME EFFEC-TIVE

At a regular session of the Securitiesand Exchange Commission held at itsoffice in the City of Philadelphia, Penn-sylvania, on the 24th day of June, 1943.

East Missouri Power Company, a sub-sidiary of Arkansas-Missouri PowerCorporation, a registered holding com-pany, having filed an application anddeclaration pursuant to the applicableprovisions of the Public Utility HoldingCompany Act of 1935 and the generalrules and regulations promulgated there-under, regarding its proposal to redeem,pay and retire, on or before July 1, 1943all outstanding shares of its 7% cumula-tive preferred stock consisting of 850shares, pai value $100 pet share, at theredemption price thereof amounting to$105 per share, plus the amount of allaccrued and unpaid dividends thereon toJuly 1, 1943, such redemption to be madeat the office of.St. Louis Union TrustCompany, St. Louis, Missouri upon sur-render for cancellation in proper formof the certificates representing suchshares; and

Said application and declaration hav-ing been filed on the 31st day of May,1943, and notice of said filing havingbeen duly given in the manner and formprescribed by Rule U-23 under said Act,and the Commission not having receiveda reqtiest for a learing with respect tosaid application and declaration withinthe period specified in such notice, orotherwise, and not having ordered ahearing thereon; and

The Commission finding that the re-quirements of sectiofits 10 and 12 (c) andRule U-42 are satisfied and that no ad-verse findings are necessary thereunder,and deeming it appropriate in the publicinterest and in the interest of investorsand consumers to grant said applica-tion and to permit said declaration tobecome effective;

Itis hereby ordered, Pursuant to RuleU-23 and the applicable provisions ofsaid Act and subject to the terms andconditions prescribed in Rule U-24 thatthe said application be and the same ishereby granted and that the said dela--ration be and the same' is hereby per-mitted to become effective forthwith.

By the Commission.[SEAL] ORVAL L. DuBois,

Sedretary.

IF. 1. Doe. 43-10300; Filed, June 26, 1943;12:55 p. m.l

[Pile Nos. 54-67, 59-641

PEOPLES LIGHT AND POWER CO., E AL.

NOTICE OF FniLNG AND ORDEI RECONVENINGEEARING

At a regular session of the Securitiesand Exchange Commission held at itsoffice in the City of Philadelphia, Pa., onthe 25th day of June 1943.

RAL REGISTER, Tuesday, June 29, 1943

In the matter of Peoples Light andPower Company and Subsidiary Compa-nies; File No. 54-67 and Peoples Light andPower Company, California Public Serv-ice Company, Texas Public Service FarmCompany, West Coast Power Companyand Western States Utilities Company;File No. 59-64.

The Commission having on March 9,1943 (Holding Company Act Release No.4159), instituted proceedings under Sec-tions 11 (b) (1) and 11 (b) (2) of thePublic Utility Holding Company Act of1935 against Peoples Light and PowerCompany ("Peoples"), a registered hold-ing company and its subsidiaries; and thesaid proceedings having been consoli-dated with an application heretofore filedby Peoples pursuant to section 11 (e) ofsaid Act for approval of a plan for com-pliance with sections 11 (b) (1) and 11(b) (2) of said Act; hearings having beenheld with respect of such consolidatedproceedings and having been adjournedsubject to call of the trial examiner;

Notice is hereby given that a declara-tion has been filed with this Commis-sion pursuant to the Public Utility Hold-ing- Company Act of 1935 by Peoples inthe form of an amendment designatedas Amendment No. 6 to the aforemen-tioned application for approval of aPlan. All interested persons are re-ferred to said document which is on filein the office of the Commission for a fullstatement of the transactions thereinproposed which niay be summarized asfollows:

Peoples propioses to -sell to Gerald L.Schlessman, a non-affiliated purchaser ofDenver, Colorado ("buyer") all of the out--standing 2,500 shares of no par value commonstock of Western States Utilities Company("Western") for $142,500 in cash subject tocertain adjustments provided in the agree-ment between the parties dated May 25,1943. Western owns and operates plants orsystems for the distribution of electric energyin the munlcipalties of lIalad City, Idahoand Cokeville, Wyoming and for the distribu-tion of electric energy and water in Winne-mucca, Nevada. No fees or commissions areproposed to be paid anyone In connectionwith the proposed sale. Expenses of thesale are estimated as not to exceed $500.Peoples contemplates the application of theproceeds to (1) the purchase of the proper-ties and/or capital stocks of one or more gaspublic utility operating companies doingbusiness In the State of Texas and/or to suchother purposes as' may be approved by thisCommission. .

Peoples having requested that theCommission make a preliminary deter-mination of the retainability of Westernunder section 11 (b) (1) and that an or-der be entered specifying such action (in-cluding the divestment of such assets)as may be required in the light of suchdetermination and that such order con-form With the requirements of sections371 (b), 371 (f) and 1808 (f) of the In-ternal Revenue Code; and

It appearing to the Commission thatit is appropriate in the public interesiand in the interest of investors and con-sumers that a hearing be held in respectto such matters and that said declara-tion shall not become effective exceptpursuant to further order of this Com-mission;

It is ordered, That the proceedings Inthis matter be reconvened and a hearingunder the the applicable provisions ofsaid Act and the Rules of the Commis-sion thereunder be held on July 13, 1943,at 10 o'clock a. in., e. w. t,, at the officeof the Securities and Exchange Com-mission, 18th and Locust Streets, Phila-delphia, Pa. On such date the hearingroom clerk in Room 318 will advise asto the room in which, such hearing willbe held. ,All persons desiring to be heardor otherwise wishing to participate inthe proceedings should notify the Com-mission in the manner provided by therules of practice, Rule XVII, on or beforeJuly 10, 1943;

It is further ordered, That notice ofthis hearing be given to the declarantand buyer and all other persons, suchnotice to be given to the declarant, buyerand to the mayors of the municipalitiesof Malad City, Idaho, Cokeville, Wyo-ming and Winnemucca, Nevada by regis-tered mail and to all other persons bygeneral release of this Commission whichshall be distributed to the press andmailed to the mailing list for releasesissued by the Public Utility Holding Com-pany Act of 1935, and by publication inthe FEDERAL REGISTER.

It is further ordered, That Charles S.Lobingier or any other officer or officersof the Commission designated by it forthat purpose shall preside at the hear-ings at such time. The officer so desig-nated to preside at such hearing ishereby authorized to exercise all powergranted to the Commission under sec-tion 18 (c) of said Act and to the TrialExaminer under the Commission's Rulesof Practice.

It is further ordered, That withoutlimiting the scope of the issues, particu-lar attention will be directed at suchhearing to the following matters:

(1) Whether Its interest in WesternIs retainable by Peoples as an additionalintegrated public utility system Undersection 11 (b) (1) of the Act and whetherthe Commission should order the divest-ment of such interest under said section,

(2) Whether the divestment of West-ern is necessary or appropriate to theintegration or simplification of Peoplesholding company system and Is necessaryor appropriate to effectuate the provi-sions of section 11 (b) of said Act;

(3) Whether the consideration for thesale of the securities of Western is rea-sonable and fair and bears a fair relationto the sums Invested in, or the earningcapacity underlying the securities to besold; and

(4) Whether competitive conditionshave been maintained in the negotiationof the proposed sale; and

(5) Generally whether In any respectthe proposed transaction is detrimentalto the public interest or to the interestsof investors or consumers or will tendto circumvent any provisions of the Actor the rules, regulations or orders pro-mulgated thereunder.

By the Commission.

[SEAL] ORVAL L. DuBois,SecretarY.

[F. R. Doc. 43-10338; Filed, June 28, 1043;10:08 a. m.]


[File No. 54-75. 70-726]

CO oNvEALTH AND SoUTmR CORPORA-TION (DELAWARE)

ORDER PERRIITTING DECLARATION TO BECOLIEFFECTIVE

At a regular session of the Securitiesand Exchange Commission held at itsoffice in the City of Philadelphia, Pa.on the 24th day of June 1943.

The Commonwealth & Southern Cor-poration, a registered holding company,having filed a declaration pursuant tothe Public Utility Holding Company Actof 1935, particularly sections 11 and 12(c) thereof, and Rule U-46 promulgatedthereunder, regarding the declarationand payment of a proposed dividend of$3 per share on the outstanding pre-ferred stock; payment of said dividendto be made on the 28th day after ap-proval by this Commission to stockhold-ers of record at the close of business onthe 14th day after approval; and

A public hearing having been heldafter appropriate notice, the Commis-sion having considered the record in thismatter and having made and filed itsfindings and opinion herein;

It is ordered, That the aforesaid dec-laration be and hereby is permitted to'become effective forthwith subject to theterms and conditions prescribed in RuleU-24 of the general rules and regulationsand subject to the further condition thatCommdnwealth accompany the dividendchecks with a statement indicating that-the dividend is being paid out of capital.

By the Commission.ISEA] ORVAL L. DuBois,

Secretary.IF. R. Doc. 43-10337; Fied, June 28, 1943;

10:08 a. in.]

[File No., 70-749]

SOUTZ CAROLINA ELECTRIC & GAS COMPANYNOTICE OF FILING AND ORDER FOR HEARING

At a regular session of the Securitiesand Exchange Commission, held at itsoffice in the City'of Philadelphia, Pa.,on the 26th day of June 1943.

Notice is hereby given that an applica-tion has been filed pursuant to the Pub-lic Utility Holding Company Act of 1935by South Carolina Electric & GasCom-pany, a subsidiary of General Gas & Elec-tric Corporation, a registered holdingcompany, which, in turn, is a subsidiaryof Denis J. Driscoll and Willard L. Thorp,Trustees of Associated Gas and ElectricCorporation, a registered holding com-pany;

All interested persons are referred tosaid application, which is on file in theoffices of the Commission, for a state-ment of the transactions therein pro-posed which are summarized as follows:

South Carolina Electric & Gas Com-pany proposes to issue $20,000,000 prin-cipal amount of First Mortgage Bonds,dated July 1, 1943, and maturing July 1,1973, for the purpose of refunding thefollowing bonds which will be outstand-ing (based on amounts outstanding onMay 31, 1943, as shown by the books ofthe respective companies) after the con-

solidation and merger of LexingtonWater Power Company and the SouthCarolina Electric & Gas Company, whichmerger is expected to become effectiveJuly 26, 1943:Broad River Power Company

(now South Carolina Elec-tric & Gas Company) Firstand Refunding Mortgage 5c%Bonds. Series A, duo Sep-tember 1, 1954_ ...... .- -- - 1, CO9. .00

Divisional Lien-Mlae ParrShoals Power Company FirstMortgage 5% Sinking FundBonds due April 1, 1052(exclusive of $1,G41,000 heldIn treasury and In cinkingfund) -------------------- 1,359,C00.0

Issues of Lexngton WaterPoer Company As-umed:

First Mortgage 5% Bonds.Series duo January 1,1968 --------....-.. - 10,213, 300.00

53f '% Convertible SilingFund Debentures duoJanuary 1, 1953 --------- 1g,700.00

20,120,130.60General Gas & Electric Corporation

owns the following bonds of the Issueswhich are to be refunded:0391.000 principal amount of Broad River

Power Company (now South Carolina Elec-tric & Gas Company) First and RefundingMortgage 5% Bonds, Series duo 1954.

$650,000 principal amount of LexingtonWater Power Company First Mortgaga 5.Bonds, Series due 1965.

General Gas & Electric Corporationhas informed the Company that the costto It of these bonds (based on the aver-age cost of all bonds of these issuesowned at any itme by General Gas &Electric Corporation) is as follows:$391,000 Broad River Power

Company 5's 1903........ $3C4,138.300650,000 LexLngton Water Power

Company 5's 1905 ........ 03,020. 001,047Y, 158.30

The proceeds, exclusive of accrued In-terest, from the sale of the proposedbonds are to be applied, to the extentsufficient, as follows (assuming the prin-cipal' amount of indebtedness outstand-ing as of July 15, 1943, and the call pre-miums in effect on July 31, 1943) and tothe extent that the proceeds are notsufficient for such purposes the Companywill pay the balance out of other avail-able cash:(1) To the redemption at 102- %

of the principal amount of C,.-361.500 aggregate principalamount of Broad River PowerCompany First and RefundingMortgage Gold Bonds. Series A,due September 1, 1954 (exclu-sIve of accrued interest) . ., 191,441

(2) To the redemption at 105%of the principal amount of01,359.00 aggregate principalamount of The Parr ShoalsPower Company First MortgageFive Per Cent Sinking FundGold Bonds. due April 1, 1952(exclusive of accrued Intrst) - 1,420, 90

(3) To the redemption of 103%of the principal amount of$10,213,300 aggregate principalamount of Lexington WaterPower Company First Mortgago5% Gold Bonds, Series due 101:(exclusive of accrued int4ret)_ 10, =2,905

(4) To the redemption at 102y, Sof the principal amount of816.700 aggregate principalamount of Lxin-ton WaterPower Company 51% Con-vertible SiTing Fund Gold De-bentures, due January 1. 1953(exclu lve of accrued interest).. 8191,363

(5) To the payment of the ex-pan-es of this financing ..... 150, 00

(6) To the payment of estimatedaccrued Interest from the dateof closing to the date of therezps.Ctive redemption or pre-payment dates of the debt scu-rities to b2 retired (bsed oncosing date of July 31,1943)--_ 1137,373

TotaL .. $21,221,097

%Accrued Interest to the date of closing onthe Ces-uritles to b2 retired will be paid bythe Company out of Its other available funds.

The order of this Commission relatingto the consolidation and merger of Lex-ington Water Power Company into SouthCarolina Electric & Gas Company (FileNo. 70-591) granting the application, asamended, and permitting the declara-tion, as amended, to become effectivecontained a condition forbidding theCompany, subject to the further order ofthis Commission, to declare or pay divi-dends on its common stock except out ofearnings realized subsequent to the ef-fective date of the consolidation andmerger and then only if the balance inearned surplus is not reduced below$2,297,604.

As a result of the proposed financingthe Company proposes to charge to itsearned surplus account the followingsums:Premium on the bands and

debentures called-.- $313,223.75Duplicate interest ___ _ 137,373. C0Unamortized debt dizcount

and expen:e on bandscalled.~__ __ , 037,217.62

Based on the Company's pro formabalance sheet reflecting the consolidationand merger the earned surplus would be$2,752,596.34 and after the charges pro-posed as a result of the financing will beapproximately $715,000. Therefore un-der the conditions imposed by the Com-mission in case File No. 70-591 no com-mon dividends could be paid for approxi-mately two years.

As part of the proposed transaction theCompany has applied for rescission ofthe restriction against the payment ofdividends to the extent of the require-ment that dividends on the commonstock can be paid only if its earned sur-plus be not reduced below $2,297,604.

The application indicates that theCompany proposes to offer the bonds forcompetitive bidding pursuant to RuleU-50 promulgated under the PublicUtility Holding Company Act of 1935.

It appearing to the Commission thatIt is appropriate in the public interestand the interest of investors and con-sumers that a hearing be held with re-spect to such matters and that theapplication shall not be granted exceptpursuant to further order of the Com-mission;

It is ordered, That a hearing on suchmatters under the applicable provisionsof said Act and rules of the Commissionthereunder be held'on July 12, 1943, at

8S99


10 a. in., e. w. t., at the offices ofSecurities and Exchange Commissi18th and Locust Street, PhiladelpiPennsylvania, in such room aq the heIng room clerk in room 318 will at titime advise. At such hearing cause slbe shown why such application shallgranted. Any person desiring toheard or otherwise participate inproceedings should file with the Sectary of the Commission, on or befthe 8th day of July, 1943, his requestapplication therefor as provided by RXVII of the Rules of Practice ofCommission.

It is further ordered, That RichTownsend, or any other officer or officof the Commission designated by itthat purpose, shall preside at the hearin such matter. The officer so designato preside at such hearing is herebythorized to exercise all powers granteethe Commission under section 18 (c)said Act and to a trial examiner unthe Commission's Rules of Practice.

It is further ordered, That, withlimiting the scope of the issues presenby the application otherwise to be cisidered in these proceedings, particattention will be directed at the hearto the following matters and questions

1. Whether it is in the liublic inte:and the interest of investors and consvers and in conformity with the applicaprovisions of the Act to grant the ap]cation.

2. Whether it is appropriate inpublic interest and for the protectiorinvestors torescind the condition herefore imposed on South.Carolina Elec& Gas Company regarding common stdividends.

3. Whether the price of the bondsbe acquired from General Gas & ElecCorporation is fair and reasonable:

4. Whether all fees in connection vqthe proposed transactions are fairreasonable.

5. Whether and to whit extent iiappropriate in the public interest orthe protection of investors and consuers to impose terms and conditions virespect to the proposed transactions.

6. Generally, whether the propotransactions meet the appropriate pvisions of the Act and Rules and Regutions promulgated thereunder.

By the Commission.[SEAL] ORvAL L.-DuBois,

SecretarlJP. R. Dcc. 43-10340; Fied, June 28,, 1

10:08 a. n.]

[File N~o. 812-3251

AFFILIATED FUND, INC.NoTICE Or 4ND ORDER FOR HEARING

At a regular session of the Securiland Exchange Commission, held atoffice in the City of Philadelphia, Ion the 26th day of June, A. D. 1943.

Affiliated Fund, Inc., a registered opiend investment company, having fl

the an application pursuant to the provi-on, sions of section 6 (c) of the Investmenthia, Company Act of 1940 for an order ex-ar- empting it from-the provisions of sectionhat 18 of said Act so as to permit the refund-iall ing of outstanding debentures by thebe issuance of new debentures bearing thebe same maturity dates;

the It is ordered, Pursuant to section 40re- (a) of said Act, that a bearing on theore aforesaid application be held on July 8,,or 1943, at 10:00 A. M., e. w. t., in Room 318,le of the Securities and Exchange Commis-the sion Building, 18th and Locust Streets,

Philadelphia, Pennsylvania.ard It is further ordered, That Willis E.ers Monty, Esquire, shall preside at the hear-for ing on such application. The officer soing designated is hereby authorized to ex-ted drcise all the powers granted to theau- Commission under sections 41 and 42 (b)I to of the Investment Company Act of 1940of and to trial examiners under the Com-

der mission's rules of practice.Notice of such hearing is hereby given

out to the applicant and to any other per-ted sons whose participation in such pro-an- ceedings may be-in the public interestilar or for the protection of investors.ing By the Commission.

[SFAL]- - ORvAL L. DuBois,rest Secretary.in-ble iF. R. Doc 43-10339; Filec!, June 28, 1943;

pll- 10:08 a. m.]

theof

to- WAR SHIPPING ADMINISTRATION.bricock VESSEL GLOUCESTER

to DETERMINATION OF OWNERSHIPtric Notice of determination of War Ship-

ping Administrator with respect to theith vessel Gloucester, Official Number 217662,and pursuant to section 3 (b) of the Act

approved March 24, 1943 (Public Lawis 17, 78th Congress, 1st session).

for Notice is given that pursuant to see-n- tion 3 (b) of Public Law 17, 78th Con-

'ith gress, the following determination hasbeen made:

sed Whereas on October 17, 1942, the titlero- to the vessel Gloucester, Official NumberIa- 217662, (including all spare parts apper-

taining thereto, whether aboard orashore) was requisitioned pursuant tosection 902 of the Merchant Marina Act,1936, as amended; and

Whereas section 3 (b) of the Act943; approved March 24, 1943 (Public Law17, 78th Congress, 1st session), providesin part as follows:

(b) The Administrator, War Shipping Ad-ministration, may determine at any timeprior to the payment In full or deposit infull with the Treasurer of the United States,or the payment or deposit of 75 per centum,

;ies or just compensation therefor, that theits ownership of any vessel (the title to which

has been requisitioned pursuant to section902 of the Merchant Marine Act, 1936, asamended, or the Act of June 6, 1941 (Public

n- law 101, Seventy-Seventh Congress), is notled required by the United States, and after

such determination has been made and noticethereof has been published in the FDnAL"RaESTmn, the use rather than the title tosuch vessel shall be deemed to have been re-quisitioned for all purposes as of the dateof the original taking: Provided, however,That no such determination shall be madewith respect to any vessel after the expira-tion of a period of two months after the dateof delivery of such vessel pursuant to titlerequisition except with the conent of theowner.and

Whereas just compensation for thesaid vessel has not been determined bythe Administrator, War Shipping Ad-ministration, and no part thereof has"been paid or deposited with the Treas-urer of the United States; and

Whereas the ownership of the saidvessel, its spare parts and appurtenances,Is not required by the United States; and

Whereas, by mutual agreement be-tween the Administrator, War ShippingAdministration, and Michael N. Caval-liotis of 154 Nassau Street, New York,New York, the former owner of said ves-sel, the former owner has consented tothe determination by the Administratorthat the use rather than the title of thesaid vessel, its spare parts and appurte-nances, shall be deemed to have beenrequisitioned as of the date of the origi-nal taking thereof, namely, October 17,1942; and the parties have also mutuallyagreed that such requisition for use shallbe terminated and the said vessel rede-livered to the former owner "as Is, whereis" under the terms and conditions setforth in that certain letter dated June17, 1943, from the War Shipping Admin-istration to the said Michael N. Cavalli-otis;

Now, therefore, I, Emory S. Land, Ad-ministrator, War Shipping Administra-tion, acting pursuant to the above-quotedprovision of law, do determine that theownership of said vessel, its spare partsand appurtenances, is not required by theUnited States, and that the requisitionof the above-mentioned vessel, its spareparts and appurtenances, on October 17,1942, shall, from and after the date ofpublication hereof in the FEDrRAL Ra-IsTER, be deemed tohave been, for allpurposes, requisition of the use ratherthan of the title of daid vessel, its spareparts and appurtenances, as of the dateof the original taking, namely, October17, 1942, and on the conditions herein-before set forth; and

It Is further determined that the req-uisition of the use of said vessel be termi-nated effective as of the date of publica-tion hereof in the FEDERAL REoISTER, andthat the said vessel be redelivered to theformer owner, namely, Michael N. Caval-liotis of 154 Nassau Street, New York,New York, subject to the conditions here-inbefore set forth.

Dated: June 26, 1943.[SEAL] E. S. LAND,

Administrator.

IF. R. Dc. 43-10347; Filed, June 20, 1043;10:67 a. m.1

8900

Federal Register: 8 Fed. Reg. 8777 (June 29, 1943). - Loc

Documents

Transcript of Federal Register: 8 Fed. Reg. 8777 (June 29, 1943). - Loc