Federal Register: 7 Fed. Reg. 9647 (Nov. 24, 1942). - Loc

EI(ISTEDNUMBER 230

Washington, Tuesday, November 24, 1942

The President

EXECUTIVE ORDER 9274

Au!roRzNG AN INCREASE M THE NUMEROF UNITS AND MEERS OF THE WOMEN'SAamr AuxaAny CORPSBy virtue of and pursuant to the au-

thority vested in me by the act entitled"An Act to establish a Women's ArmyAuxiliary Corps for service with the Armyof the iUnited States", approved May 14'1942 (Public Law 554, 77th Congress), asamended by the act approved October 26,1942 (Public Law 761, 77th Congress),and in order further to accomplish thepurpose of said act, as amended, I d5ohereby-authorize and direct the Secretaryof War to establish units of the Women'sArmy Auxiliary Corps, heretofore estab-lished by Executive Order No. 9163 ofMay 15, 1942,1 of such character and insuch numbers as he may determine fromtinie to time to be necessary to meet therequirements-of the Army, subject to thelimitation that the total number ofwomen enrolled or appointed in suchCorps shall not exceed one hundred fiftythousand.

Executive Order No. 9163 of May 15,1942, is hereby amended to the extentnecessary to carry out the purposes ofthis order.

FRANKLIN D ROOSEVELTTHE WBmXm HousE,

November 19, 1942.

IF. R. Doe. 42-12173; Filed, November 20,1942;2:22 p. m.] -

Regulations

TITLE 7-AGRICULTURESubtitle A-Office of the Secretary

jfRationing Order C]PART 2-Ro mc; OF FAmns Mac aH ry

AND EQUIPiMENT

NEW FARM. MACHINERY AID EQUIPMENT

In view of the drastic limitation of pro-dqlction of new farm machinery and

17 P.R. 3695.

equipment, It Is necessary in the generalpublic interest that the distribution anduse of new farm machinery and equip-ment be so controlled as best to promotethe war effort. Accordingly, this Ra-tioning Order C, which establishes a pro-cedure for effectuating that purpose, Isisued.

New farm machinery and equipmentlisted in Schedule I or Schedule II of thisorder may not be transferred until theSecretary of Agriculture or the SpecialWar Board, Assistant to the Secretary ofAgriculture takes action pursuant to§§ 2.206, 2.207 and 2212 of this order. ex-cept that new farm machinery and cquip-ment listed on Schedule II which Is in the

- hands of dealers may be transferred onand after the effective date of this order.

Pursuant to the authority vested n theSecretary of Agriculture by Administra-tive Orders 28' and 30'- of the Office ofPrice Administration, Issued September15, 1942, and November 11. 1942. respec-tively: It is hereby ordercd, That:

Scc.2.201 Definitions.

ADSH=IsT~oATI AND rinzOaNNr22.02 Personnel2.203 Duties.2.204 County farm rationing committee.

2.205 RestrIction of transfers.SC=DULE 1: ZQDWP=,.r QUOTAS AND1

ALCM1TION:G2.200 Establishment of quotas.2.207 Allotment of quotas to county farm

rationing committees.2.208 Request for adjustment of quotos to

cover 5peclal rAtuations.2.209 General authority of State boards over

quotas.2.210 Adjustment of State quotas by the

SpecialWar Board " -lstant.SCIHEUL x: LQwM=1rs

2.211 Transfer of Schcdule II equipment.D!5II 0UTIO M 055U-5 AM 2-.D.ATIONS

2.212 Shipment of new farm machinery andequipment.

FLUM ML SHU'Pn.G CONTAIER MD M covs2.213 Special provksions for fluid milk

shipping containers and cov r .

17 F.R. 7326, 8672.2 7 P.R. 9368.

(Continued on page 9049)

CONTEN'TSTEE PRESIDENT

EXECUT1VE Onn: PageWomen's Army Auxiliary Corps,

authorization of increase inthe number of units andmember- .. .. 96!7

REGULATIONS AND NOTICESAGRICULTuRE DEPARTz-n:

Farm machinery and equip-ment (Ration Order C).- 9647

AnxcUrm-,urAL ADjUs XE. AGENCY:Naval stores conservation pro-

grai, 1943-..... ... 9655AGnxcuLr.%AI MnExmm An, i-

IsTrUTIoN:Wool standards, distribution of

practical forms (2 docu-ments) 9653

ArLz Pnopr xav CUsoDiAr:Vesting orders:

African-Asiatic Trading Co.,Inc 9757

Asahi Shinbun........- - 9753Casagrande, Carlo-- -_ 9753Ehleben, Dorothy, etc--..... 9759German nationals, certain___ 9754Hellch, Margaretha -...... 9753Herbener, Frederick..-- 9757L-nkenau, M athilde.- - 9753Lorch, Mrs. Josephine M. (2

documents) --- 9752,9756Melto China Corp 9757Nlchibel Securities Co., Ltd. 9752Nichibel Securities Corp--. 9752Powell, Katie 1 ...... 9759Shachiku. Co., Ltd..... 9753Takamine Corp-. .... -9756Yamanaka and Co., Ltd---- 9755Yokohama Specie Banl, Ltd 9754

Brrurnous CoaL D oon:Hearings. etc.:

Delta Coal Mi11ning Co--- 9744District Board 8- 9745District Board 17- --- 9746New Superior Coal Co.... 9748Sheban Ddining Co-...... 974

Civ Amonuvncs Bo.irm:Boston and Main'Rilroad Co.

and Maine Central RailroadCo., hearing.. ..... . 9750

EcoNor-c WAAr1E Bo oIM:Licenses:

General; exportations fromCanal Zone, etc-______ 964(Continued on p ge 9548)

9647

II}

FEDERAL REGISTER, Tuesday, November 24, 1942

FEIIERAL HEIISEI

Published daily, except Sundays, Mondays,and days following legal holidays by theDivision of the Federal Register, The NationalArchives, pursuant to the authority- con-tained in the Federal Register Act, approvedJuly 26, 1935 (49 Stat. 500), under regula-tions prescribed by the Administrative Com-mittee, approved by the President.

The Administrative Committee consists ofthe Archivist or Acting Archivist, an officerof the Department of Justice designated bythe Attorney General, and the Public Printeror Acting Public Printer.'

The daily issue of the MERAL Rzersmrwill be furnished by mail to subscribers, freeof postage, for $1.25 per month or $12.50 peryear, payable in advance. Remit money or-der payable to the Superintendent of Docu-ments directly to the Government PrintingOffice, Washington, D. C. The charge forsingle copies (minimun 100) varies in pro-portion to the size of the Issue.

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

Telephone information: DIstrict 0525.

CONTENTS-Continued

ECONOMIC WARFARE BOARD--Con.Licenses-Continued. Page

Unlimited; British "NavyArmy Air Force Insti-tute" ------------------ 9684

Shipping priority ratings, ap-peals --------------------- 9684

ENGINEER CORPS:California, bridge regulations. 9738

FEDERAL COMMUNICATIONS C O X -MISSION:

Hearings:Monmouth Broadcasting Co.

(WBRB) (2 documents)- 9751R. C. A. Communications, Inc. 9750

FEDERAL POWER CONMSSION:Hearings:

Consolidated Gas UtilitiesCorp ------- ----------- 9751

Cooperative Service Associa-tion ------------ ------ 9752

GENERAL LAND OFFICE:Land withdrawals, revocations,

etc.:Arizona (3 documents)._ 9747-9749Nevada (2 documents)___ 9748-9749New Mexico (4 documents) -_ 9747-

9750Utah --------------------- 9749

HOME OWNERS' LOAN CORPORA-TION:

Personnel, fees and commis-sions -------------------- 9677

Property management, disposi-tion of deposit ------------ 9675

Purchase and supply, emer-gency purchases, etc ------- 9676

Rental andcontracts; func-tions, et ---------------.. 9677

Travel regulations; per diemallowance; amendment .... 9677

Treasury, receipts, etc --------- 9675INDIAN AFFAIRS OFFICE:

Traders on Navajo, Zuni, andHopi reservations; records,reports, etc -------------- 9677

CONTENTS-Continued

INTERIOR DEPARTMENT: PageDelegation of authority to cer-

tain officials -------------- 9738INTERSTATE COMMASERCE C6ansSION:

Explosives, etc.; transporta-tion --------------------- 9739

Freight commodity statistics,monthly reports ---------- 9744

Routing of traffic between Mon-roe and Alexandria, La.... 9743

OFFICE or DEFENSE TRANSPORTATION:

Rail equipment conservation,merchandise traffic (Order1, Am. 3) ---------------- 9744

OFFICE OF PRICE ADMINISTRATION:Adjustments:

Eastern Potteries, 'Inc ------- 9760Narragansett Brewing Co.... 9737Pittsburgh Coke and Iron Co- 9737Wirkkala and Johnson Log-, ging Co., et al ----------- 9759

Coffee (Ration Order 12) ------ 9710Cotton yarns, combed, etc.

(RPS 7, Am. 7)--.......... 9732Gasoline:

Ration Order 5A, Am. 1 toSupp. 1 ---------------- 9736

Ration Order 5A,- Am. 17 .... 9730Licensing:

GMPR, Am. 37 -------------- 9732Supb. Dir. 5, Am. 2 ------ 9723

Machines and parts and ma-chinery services:

MPR 136, Am. 53 ------------ 9729MPR 136, Am. 54 ............ 9729MPR 136, Am. 55 ------------ 9736

Paper, paper products, etc.:Kraft wrapping papers, etc.

(IPR 182, Am. 3) ------ 9724Wastepaper. (MPR 30) -------- 9732

'Waxed paper, etc. (MPR 129,Am. 11) --------------- 9724

Petroleum and petroleum prod-ucts (RPS 38, Order 7).... 9759

Puerto Rico (MPR 183, Am. 10).. 9731Rubber boots and work shoes,

men's (Ration Order 6,Am. 5) ------------------ 9736

Tires, tubes, recapping andcamelback (Ration Order1A, Am. 1) --------------- 9724

PETROLEUM COORDINATOR FOR WAR:Asphalt and asphaltic 'products,

processing and refining.... 9737SECURITIES AND EXCHANGE COM-

MISSION:Hearings, etc.:

Central Maine Power Co.,et al -------------- --- 9760

Georgian Inc -------------- 9761Holbrook Light and Power Co.

and Southwestern Ice Co. 9762Kentucky Power and Light

Co -------------------- 9760Mid-Western Oil Co --------- 9762North American Co --------- 9762Northwest Carolina Utilities,

Inc ........... ........ 9760Potomac Electric Power Co__ 9761Southern Union Gas Co., et al- 9760United Public Service Corp-- 9761

SELECTIVE SERVICE SYSTEM:Appeal to the President -------- 9682Assignment of order numbers to

registrants:Group 5 ....... -------------- 9679Group 6 ------------------- 9683

Classification procedure ------- 9682

CONTENTS-Continued

SELECTIVE SERVICE SYSTEI--Con. PageGrouping and serial numbering

registration cards --------- 9678Late registrations ...........- 9680List of registrants, etc.; discon-

tinuance of forms ......... 96083Questionnaire and other Infor-

mation used In classifyingregistrants --------------- 981

Registration certificates ------- 9683STATE DEPARTMENT:

Control of persons entering andleaving the U. S.; Americancitizens and nationals,amendments ------------- 90671

Proclaimed list of blocked na-tionals, supplement ------- 9671

WAGE AND HOUR DIVISION:Pens and pencils manufacturing

industry, committee resig-nation and appointment... 9750

Printing and publishing and al-lied graphic arts Industry,minimum wage hearing... 9750

WAR DEPARTMENT:Army Nurse Corps, waiver of

certain requirements ------ 9671Military reservations,, motion

picture service ------------ 9600Procurement regulations, amend-

ments -------------------- 9660Service uniform, prescribed In-

signia ------------------- 9660Women's Army Auxiliary Corps;

assignment to duty, etc.... 9060WAR PRODUCTION BOARD:

Butter (M-267) -------------- 9680Canned foods:

M-86-a..-------------------0 9705M-237 -------------------- 9707

Coffee:Delegation of authority

(Supp. Dir. l-R) -------- 9084Revocation of M-135 -------- 9085

Construction machinery andequipment (L-192) -------- 0687

Cotton textiles for work ap-parel:

Hospital clothing (M-207,Schedule III) ------------ 9700

Women's work clothing(M-207, Schedule IV)... 0700

Electric fans, portable (L-126,Interpretation 1) --------- 90699

Enameled ware. (L--30-b, Inter-pretation ) ----------- 9703

Feed water heaters (L-154,Schedule T) ------------- 9699

Film (L-178) ---------------- 9699Iron and steel (M-126) -------- 9690Petroleum coke (M-212) ------- 9701Petroleum Coordinator for War,

approval of recommenda-tion --------------------- 9704

Scales balances and weights(L,-190, Interpretation 1).. 9703

Strategic materials, imports(M-63, Am. 8) ------------ 9702

Suspension orders:Colden Mfg. Co ------------ 9 0685Guarantee Silk Co., Inc ------ 9685Long Island Mat Co -------- 9087

Tennessee Valley Authority,,revocation of preferenceratings (4 documents) - 9763, 9704

Vacuum cleaners, d o m es tic(L-18-c) ----------------- 9085

Wool (M-73) ---------------- 0703

9648


PERSONS AUTHOPIZ'D BY T VAR PRODUCTION'BOARD TO ACQUIRE IE FARZI MACHINRY ANDEQUIPME2NT

Sec.2.214 Government agencies; exports; non-

farm use.

TRANSSERS OF SCHEDULE I EQU3PMMNT VVITHOUTPURCHASE CERTEFICATES

2.215 Persons eligible to transfer ScheduleI equipment only for purposes ofresale.

STANDARDS OF USE

2.216 Establishment- of standards of use.

PER ONS ELIGELE TO ACQUIR SCHEDULE XEQUIPMENIT

2.217 Proof of necessity.

APPLICATIONS SY PERSONS FOR SCHEDULE IEQUIPZIE T

2.218 Applications for certificates to pur-chase Schedule I equipment.

2.219 Preparation of application.2.220 Action by the county farm rationing

committee on applications.2.221 Basis for county farm rationing com-

_ mittee determinations.2.222 Notation of action.2.223 Notification.

=TIFICATES FOR PURCHASE OP SCHEDULE IEQUIPMENT

2.224 Form of certificate.2.225 Execution by issuing county farm ra-

tioning committee.2.226 Action by purchaser.2.227 Expiration of purchase certificates.2.228- Action by dealer.

APPEALS BY APPLICANTS

2.229

2230

2.2312.232

Application for reconsideration by thecounty farm rationing committee.

Appeal to State board.Action by the State board.Review of State board action.

RECORDS

2.233 Records to be kept by the county farmrationing committee.

-2234 Records to be kept by dealers.- ~ENFORCELZENT

2.2352.2362.2372.238

2.239

Criminal prosecution.Suspension orders.other methods of enforcement.Publicity.Complaints-of violations.

SCOPE AND APPLICATION OP RATIONING ORDER C

2.240 Territorial limitation.

TEMRPORARY RATIONniG ORDERS A AND B

2.241 Effect on Temporary Rationing OrdersA and B.

S EFECTIVE DATES

2.242 Effective date of Rationing Order C.AUTHOR=: § 2.201 to 2.242, inclusive, Is-

sued under Pub. Law 671, 76th Cong., asamended by Pub. Law -89. 77th Cong., andPub. Laws 507 and 421, 77th Cong., War Pro-duction Board Directive 1, Supplementary Di-rective 1-K, Supplementary Directive 1-P, 7F.R. 562, 7280, 8856, Office of 'rlce Adminis-tration Administrative Orders 28 and 30, 7P.R. 7326, 8672, 9368.

DEFINITIONS

§ 2.201-Deftnitions. When used inRationing Order C: --

(a) "Secretary" means the Secretaryof Agriculture.

(b) "County farm rationing commit-tee" means the 'county rationing com-mittee heretofore established pursuantto § 2.4 of Temporary Rationing Order A,

as amended (which committees are toremain in full force and effect), or thecommittee established pursuant to § 2.204hereof.

(c) "State board" means the StateU. S. D. A. War Board.

(d) "Special War Board Assistant"means the Special War Board Assistantto the Secretary of Agriculture.

(e) "Application" means an applica-tion for the purchase of Schedule Iequipment.

(f) "Purchase certificate" m e a n s acertificate authorizing the purchase ofSchedule I equipment.

(g) "Applicant" means a person whohas filed an application with a countyfarm rationing committee or with aState board.

(h) "Manufacturer" means any per-son engaged to whatever extent In thebusiness of making or asembling newfarm machinery and equipment.

(I) "Distributor" means any personwho accepts transfers of new farm ma-chinery and equipment to the extentthat such transfers are accepted for thepurpose .of making further transfersother than for use.

(j) 'Dealer" means any person,whether- principal or agent, engaged towhatever extent in the transferring ofnew farm machinery and equipment foruse.

(W) "Type of equipment" means anygeneral class of equipment, such as trac-tors, combines, grain drills, etc,

(1) "Person" means any Individual,partnership, corporation, association, orany other organized group of "persons"and shall include any agent, agency, orany "person" acting for or on behalf ofany of the foregoing. The tgrm "person"shall also include the United States orany agency thereof, and a State or anypolitical subdivision or agency thereof.

(m) "Transfer" means any actual orpurported act or transaction: whether ornot evidenced by writing, the purpose, in-tent, or effect of which Is to create sur-render, release, change, or alter, directlyor indirectly, any right, title,' interest,or possession with respect to any newfarm- machinery and equipment and,without limitation upon the foregoing,shall Include the making, execution, ordelivery of any bill of sale, chattel mort-gage, receipt, agreement, contract, cer-tificate, gift, loan, lease, sale, barter, orexchange, the creation or transfer of anylien, the issuance, docketing, filing, orthe levy of or under any Judgment, de-cree, attachment, execution, or otherjudicial process or order. The use by adealer or manufacturer of new farmmachinery and equipment In farmingoperations shall be deemed a transfer."Transfer" shall also include delivery ofany new farm machinery and equipmentfrom any person to any agent or agencyof such person or the delivery thereofto any person acting on behalf of suchperson.

(1) Notwithstanding the foregoing,the following shall not be deemed tobe transfers:

(i) The delivery of new farm ma-chinery and equipment to a repairman,or to any other person, for the sole pur-pose of making repairs or adjustments.

(ll) The creation, surrender, releaseor alteration of any right, title or inter-

,est in new farm machinery and equip-ment which is done solely for the pur-pose of securing or releasing any obliga-tion of the transferor: Provided, how-ever, That the transferee may not ac-quire such new farm machinery andequipment except for purposes of makinga transfer thereof pursuant to the pro-visions of this order.

(2) Notwithstanding the forezoing,the delivery of new farm machinery andequipment to a carrier for shipment orthe delivery of new farm machinery andequipment by a carrier to a consigneeshall not be deemed to be transfers toor by a carrier.(n) "Farm machinery and equipment"

means agricultural machinery, mechani-cal equipment and implements (includ-ing all attachments used in conjunctiontherewith) used for the production or careof crops, livestock, livestock products, orother produce on a farm (or elsewhere inthe case of poultry), including farm fenc-ing, fluid milk shipping containers andcovers (no matter where used), irrigationand drainage equipment (excludingtile), horseshoes (ncluding mule-shoes),horseshoe nails, harness hardware andwater well casing: but excluding repairparts and also excluding all of the fol-lowing: track-laying type tractors, equip-ment ordered by the United States De-partment of Agriculture or other UnitedStates Government agencies, buildingsand repairs thereto, bale ties or straps,'oil well casing and water pipe, nails(other than horseshoe nails) and sundryhardware.(o) "Attachment" for farm machinery

and equipment means a supplementaryappliance which may be added to anotherwise complete machine to extendthe utility of such machine. No itemlisted in Schedule I or Schedule II shallbe considered an attachment.(p) "New farm machinery and equip-

ment" means all farm machinery andequipment except farm machinery andequipment transferred for use prior tothe effective date of this order, or exceptfarm machinery and equipment trans-ferred for use pursuant to the provisionsof this order. Farm machinery andequipment transferred or used in vio-lation of this order shall be deemed tobe new farm machinery and equipment.(q) "Schedule I equipment" means

new farm machinery and equipmentlisted n Schedule I attached hereto andmade a part hereof.

r) "Schedule II equipment" meansnew farm machinery and equipmentlisted n Schedule 3I attached hereto andmade a part hereof.(s) "Notification" means the deposit-

Ing of any notice in the United Statesmail addressed to the last known addressof the person being notified, or the de-livery n any other manner of writtennotice to such person, and whenever thisorder requires the computation of timeafter notification, such time shall becomputed from the date on which suchnotice was so deposited in the UnitedStates mall or was so delivered to suchperson.

9349


(t) "Mail order house" means anyperson engaged in the business of trans-ferring farm machinery and equipmentfor use directly to transferees upon or-ders therefor received, primarily by mail,from such transferees.

ADMINISTRATION AND PERSONNEL§ 2.202 Personnel. The administra-

tion of the farm machinery and equip-ment rationing program established bythis order and the powers conferredupon the Secretary by the Office of PriceAdministration Administrative Orders28 and 30. are hereby delegated to theSpecial War Board Assistant. TheSpecial War 'Board Assistant shall beassisted in the administration of thefarm machinery and equipment ration-ing program by the State boards, thecounty farm rationing committees, andby such employees of the Department ofAgriculture as he may designate.

§ 2.203 Duties. The county farm ra-tioning committee, the State boards, theOffice foi Agricultural War Relations,and the Special War Board Assistantshall have the duties and responsibilitiesprescribed in this order and such furtherduties and responsibilities as the Secre-tary or the Special War Board Assistantmay designate. e

§ 2.204 County farm rationing com-mnittee. (a) The county farm rationingcommittee shall consist of three regularmembers and two alternate members,none of whom shall be dealers. One ofthe regular members shall be the chair-man of the county agricultural conserva-tion committee, who shall be chairmanof the county farm rationing committee.If the chairman of the county agricul-tural conservation committee is a deal-er, the county U.S.D.A. war board shallselect, as a member and chairman of thecounty farm rationing committee, a reg-ular or alternate member of the countyagricultural conservation committee whois not a dealer. The other two regularmembers ancl the two alternate membersof the county farm rationing committeeshall be appointed by the county U.S.D.A.war board, shall be farmers resident inthe county, and shall not be members of.the county agricultural conservationcommittee. The regular and alternatemembers of the county farm rationingcommittees shall serve without compen-sation.

(b) An alternate member of the coun-ty farm rationing committee shall servein case of illness or other indispositionof a regular member.- No member of acounty farm rationing committee shalltake part in any committee action whichinvolves the application of, or in any wayaffects, himself, any member of his im-mediate family, or other near relative, orhis landlord; tenant, or business asso-ciate. An alternate member of the com-mittee, not so disqualified, shall servein such cases only if the distinterestedmembers of the committee do not agreeon the action to be taken.

(c) Any member of the county farmrationing committee may be removedafter hearing by the State board. Incase of such removal, the county U.S.D.A.war board shall fill such Vacancy by ap-

pointment pursuailt to the provisions ofparagraph (a) hereof. If the memberremoved is a member or chairman of thecounty agricultural conservation com-mittee, the vacancy shall be filled by theappointment of a qualified regular oralternate member of the county agricul-tural conservation committee.

(d) If a county farm rationing com-mittee determines that for any reason itcannot 'satisfactory perform its dutiesand functions under this order and thatsuch duties and functions could be moresatisfactorily performed with the assist-ance of a subcommittee controlling asmaller geographical area, it may applyto the State board for, permission, toestablish a county farm rationing sub-committee. If the State board deter-mines under all the circumstarices thatsuch action would be in the best interestof the new farm machinery and equip-ment rationing program, it may author-ize the county U.S.D.A. war board forsuch countyto appoint a sub-committeeconsisting of two regular and two alter-nate members, all of whom shall befarmers, and a third member who shallbe a member of the county agricultural

,-conservation committee. All of such reg-ular and alternate members shall bequalified -under paragraph (a) hereof.The member of the county agriculturalconservation committee shall be thechairman of such sub-committee. TheState board shall designate the area insuch county to be served by the countyfarm rationing committee and the areato be served by the sub-coiamittee. Thecounty farm rationing committee shallallocate from its quotas of each type ofSchedule I equipment the numbers ofunits which shall be available for ration-ing by the sub-committee. Any sub-committee appointed under this para-graph shall act as if it were the countyfarm rationing committee within thearea designated "and the procedures inthis order applicable to the county farmrationing committee shall be applicableto any such sub-committee. Appealsfrom any action of such sub-committeeshall be made pursuant to this order andshall, after reconsideration by such sub-committee, be made directly to the Stateboard.

(e) If the State board determines forany reason that it is desirable in thebest intelrests of the farm machinery andequipment rationing program that acounty farm rationing, committee for aparticular county be given jurisdictionover one or more other counties in theadministration of this order, the Stateboard may designate such county farmrationing committee to 'administer theprovisions of this order for such othercounty or counties, and it shall abolishany county farm rationing committeeheretofore established for such othercounty or counties. Before a Stateboard takes any action authorized bythis paragraph, it shall obtain the ap-proval of the Special War Board 'Assist-ant.

(f) The county farm rationing com-mittee for Montgomery County, State ofMaryland, shall administer the provisionsof this order for the District of Columbia.

RESTRICTIONS

§ 2.205 Restrictions of transfers. Re-gardless of the terms of any contract ofsale or purchase, or other commitment,whenever made, no person shall transferor accept a transfer of any Schedule Iequipment or Schedule II equipment ex-cept pursuant to the provisions of thisorder.

SCHEDULE 1: EQUIPMENT QUOTAS AND ALLO-CATIONS

§ 2.206 Establishment of quotas. (a)The Office for Agricultural War Rela-tions and the Special War Board Assist-ant may, from time to time, establishState quotas providing for the maximumnumber of units of each type of ScheduleI equipment for the transfer of whichpurchase certificates may be Issued,State and county quotas and State re-serves, if any, may be altered or revokedin the discretion of the Special WarBoard Assistant.

(b) The Special War Board Assistantmay withhold a portion of each Statequota of Schedule I equipment as a na-tional reserve to be administered by himfor the making of such adjustments ashe may deem necessary pursuant to§ 2.210. The State boards may alsowithhold a portion of each State quotaof Schedule I equipment as a State re-serve to be administered by the Stateboard of each such State for the purposeof making necessary adjustments ofSchedule I equipment quotas for the

,counties within the State.§ 2.207 Allotment o1 quotas to county

farm rationing committees. The SpecialWar Board Assistant shall forward toeach State board the Schedule I equip-ment quotas applicable to each suchState. The State board shall then estab-lish and forward to each county farm ra-tioning committee the Schedule I equip-ment quotas, If any, applicable to eachsuch count*. No county farm rationingcommittee shall issue a purchase certifl.cate for the transfer of any type ofSchedule I equipment In excess of Itsquotas of such Schedule I equipment,Prior to the establishment of a countyquota of any type of new farm machineryand equipment in Schedule I, the countyfarm rationing committee shall not issueany purchase certificates for such type ofSchedule I equipment unless the SpecialWar Board Assistant has announced thatno quotas will be presently established forsuch type of Schedule I equipmnt: Pro-vided, however, That If the Special WarBoard Assistant thereafter , establishesState quotas for any such type of Sched-ule I equipment, no county farm ration-ing committee shall, thereafter, issuepurchase certificates for transfers of suchequipment in excess of Its quota,

§ 2.208 Request for adjustment o/quotas to cover special situations. Wherea county farm rationing committee be-lieves that the current agricultural needrequires that It Issue a purchase certifi-cate for the transfer of any Schedule Iequipment, but is unable to issue such apurchase certificate because Its quota forsuch Schedule I equipment has been ex-hausted, the coimty farm rationing com-

9650


mittee may make a request to the Stateboard to increase the county quota ofsuch Schedule I equipment by filing awritten request with the State board set-ting forth the full facts of the case. TheState board in its discretion may drawupon its State reserve, if any, to augment

'such quota for the county as it deemsnecessary.

§ 2.209 General authority of Stateboards over quotas. A State board itselfshall not issue purchase certificates ex-cept as provided in § 2.213 or except pur-suant to instructions or regulations is-sued by the Special War Board Assistant,but may add a specific number, of unitsof Schedule I equipment to the quota ofa county for which the county farm:rationing committee may then issue pur-chase certificates. However, a Stateboard shall not increase a county quotain excess of the then existing reserve forsuch State nor shall the State boardgrant authority to a county farm ration-ing committee to exceed that county'sthen existing quota.

§ 2.210 Adjustment of State quotas bythe Special War Board Assistant. TheSpecial War Board Assistant may drawupon the national reserve, if any suchreserve is established pursuant to para-graph (b) of § 2.206, to adjust the quotasof the different States. A State boardma-y request an allotment from any suchnational reserve withheld by the SpecialWar Board Assistant to augment a Statereserve, if any, held under such board'scontrol. Any such request shall be ac-companied by a statement setting forthin full the facts giving rise to such re-quest. "

SCHEDULE i: EQUIPMENT

§ 2.211 Purchase certificates not re-Iiuired. A purchase certificate is notnecessary for the transfer of ScheduleII equipment.I DISTIBUTION ORDERS AIM REGULATIOS

§ 2.212 Shipment of new farm ma-chinery and equipment. No manufac-turer, distributor, mail order house,dealer or other person shall transfer or

- physically move (unless for purposes ofstorage within the county in which suchequipment is located) any Schedule I orSchedule II equipment except pursuantto orders or regulations issued by the Sec-retary or the Special-War Board Assist-ant: Provided, however, That a dealer,from stocks which he has on hand, maytransfer any Schedule II equipment, ormay transfer any Schedule I equipmentpursuant to a purchase certificate. Or-ders or regulations issued under this sec-tion shall be designed, insofar as prac-ticable, to effectuate the proper distribu-tion of farm machinery and equipmentin accordance with quotas and alloca-tions established pursuant to this order.

?LUD -,1C SHIPPING CONTAINERS AIDCOVERS

§2.213 Special provisions for fluidmilk shipping containers and covers.(a) Each State board shall reserve anappropriate number of units of the State

quota of new fluid milk shipping con-tainers and covers, If any such quota isestablished, to ration to dairies andfarmers' cooperatives which do businessin two or more counties or in a countyin which there is no county farm ration-ing committee established.

(b) The State boards shall act as thecounty farm rationing committees in therationing of new fluid milk shippingcontainers and covers to dairies andfarmers' cooperatives which operate intwo or more counties or in a countyin which there Is no county farm ration-ing committee established. Applicationsfor the above shall be received by theState boards and the State boards shallact upon such applications as if theywere the county farm rationing com-mittees and follow the procedures estab-lished in this order for county farmrationing committees. Pursuant to suchapplications the State boards may Issuepurchase certificates. The State boardsshall not Issue purchase certificates inany other cases.

(c) The procedure established by thisorder for appeals from the county farmrationing committees shall be followedin appealing from the action of the Stateboards acting pursuant to this section,except that requests for reconsiderationshall be made to the State board andthe appeal from the State board's actionshall be taken directly to the Special WarBoard Assistant.

d) Any State board acting pursuantto this section shall keep the same rec-ords required of a county farm rationingcommittee.

(e) Any State board may designate oneor more areas within Its State and mayappoint a committee to be responsible forthe execution of the provisions of thissection in each such area. If such com-mittees are designated, they shall consistof three regular members and three al-ternate members, all to be appointed bythe State board. One member, who shallbe chairman, shall be a representative ofthe Agricultural Marketing Administra-tion, preferably the market administra-tor, within the designated area; onemember shall be a member of a farmers'milk cooperative association within thedesignated area; and one member shallbe affiliated with a dairy company withinthe designated area. Each alternateshall be qualified in the same manner asthe member for whom he is alternate.If any of the above interests are not rep-resented within the designated area, thenin lieu of a representative of such inter-est the State board shall appoint a per-son resident within the designated areawho does not represent any of such in-terests. Both regular and alternatemembers shall serve without compensa-tion. Any committee appointed underthis subsection shall, in rationing newfluid milk shipping containers and cov-ers, operate in accordance with the pro-visions of this section relating to Stateboards, except that appeals from the ac-tion of such committees upon applica-tions for reconsideration shall be firstmade to the State board.

PESOZS AUTHOaizD EY TH T"Ar, PODnuC-TIONM EOM.D TO ACQUIPE NZW FI _A-cn.=y AND EQ=IPSIEST

§ 2214 Government agencies; ez-ports; non-farm use. Any Federalagency desiring any new farm machineryand equipment, any person desiring toacquire new farm machinery and equip-ment for export to and consumption oruse in any foreign country, and any per-son desiring to acquire for non-farm useany new farm machinery and equip-ment, except fluid milk shipping contain-ers and covers, may acquire such newfarm machinery and equipment withoutpurchase certificates provided there iscompliance with any and all applicableregulations of the War ProductionBoard.

TRANSMES O? ScHEDLE I EQVuHE=EfL7'hOUT PUHAS= CERTI-ICATES

§2.215 Persons eligible to transferSchedule I equipment only for purposesof resale. The following persons are eli-gible to transfer or to accept a transfer,pursuant to orders or regulations issuedunder § 2.212, of Schedule I equipmentwithout purchase certificates for the pur-pose only of making further transfers inaccordance with this order: dealers, malorder houses, distributors, or manufac-turers, or their legal successors in inter-est (including but not limited to heirs,devisees, successors, assigns, trustees inbankruptcy, receivers, persons distrain-ing, levying by execution, attachment, orsimilar forms of judicial process, or per-sons reposessing or taking by default).

STAUDMARS OF USE

§ 2.216 Establishment of standards ofuse. The Special War Board Assistantmay, from time to time, establish stand-ards of use for each type of Schedule Iequipment Such standards may differfrom State to State and from county tocounty. The county farm rationing com-mittees and all persons concerned in theadministration of this order shall, in anyaction on applications for purchase cer-tificates, be guided by such standards ofuse as may be prescribed for the varioustypes of Schedule I equipment for theState and county in which such appli-cations for purchase certificates aremade.PERSONS ELIGML TO AcQUm NEW NA _

MsCHIxR AND EQ nEnr IN scx-ULE I§ 2217 Proof of necessity. A person

may obtain a purchase certificate and acounty farm rationing committee mayIssue such a purchase certificate only ifsuch person:

(a) Establizhes the following facts tothe satisfaction of the coiuinty farm ra-tioning committee:

(1) That such person's present ma-chinery and equipment cannot handlethe production or increased or new pro-duction planned and required as a con-tribution to. the current agriculturalneed;

(2) That such person cannot meet hismachinery and equipment needs by re-

.051


pairing his old machines and equip-ment, by purchasing or renting usedmachinery and equipment, by customwork, by exchange of work or machineryand equipment, or by any other means;

(3) That failure to approve the appli-cation would result in a substantial re-duqtion in the production of crops orcomhmodities essential to the war effort;

(4) That the machinery and equip-ment to be purchased will, where pos-sible, perform services considerably inexcess of the average services performedby the same kind of machinery -andequipment in use in the community;

(5) That, if such person desires tochange from horse-power or mule-powerto motor power, he has a good and suffi-cient reason for making such change; -

(6) That, if such person desires tochange from hand labor to machinery,he has a good and sufficient reason formaking such change; and

(b) Satisfies the county farm ration-ing committee that the following agree-ments have been or will be executed in,good faith;,

(1) An agreement to turn in to thedealer, or to whomever the county farmrationing committee may designate, forrebuilding or for salvage of all usableparts, or for scrap, the machinery andequipment which he proposes to replace,unless such person furnishes the countyfarm rationing committee with satisfac-tory evidence that some other disposi-tion of the worn-out machinery andequipment would better serve the na-tional interest, or that no such disposi-tion thereof is possible;

(2) An agreement with the UnitedStates to rent, or do custom work with,or let others use the new farm machin-ery and equipment on such terms andconditions as the county farm rationingcommittee may deem necessary;

(3) An agreement with the UnitedStates to use the new farm machineryand equipment in accordance with theagreements and statements made in hisapplication for such new farm machin-ery and equipment, and to comply withor conform to any other agreements andstatements made in his application; andthe further agreement that, if the countyfarm rationing committee determinesafter a hearing that he has failed, with-out regard to existence of fault on hispart, to comply with or conform to suchagreements and statements, or that hehas made a false statement in preparinghis said application or has not made ingood faith any statement or agreementsigned by him in said, application, (i)he will not object to the entry of a judg-ment or decree compelling him to complywith or conform to such agreements andstatements, (ii) he *ill rent or sell suchfarm machinery and equipment to suchperson or persons as the county farmrationing committee may designate,upon such terms and at such rental orsales prices as such applicant and suchcounty farm rationing committee mayagree upon, or in case of disagreement,upon such terms and at such rental orsales price as may be agreed upon by amajority of arbiters, one to be appointedby the applicant, one to be appointed bythe county farm rationing committee

and a. third to be appointed by such twoarbiters; if such applicant refuses toappoint an arbiter, the rental or salesprice shall be that fixed by the arbiterappointed by the county farm rationingcommittee.

(4) An agreement with the transferorof the new farm machinery and equip-ment that all right, title, and interesttherein acquired by such applicant astransferee shall Immediately vest in theUnited States upon the happening of thefollowing conditions: namely; (i) (a)that there has been a determination bythe county farm rationing committee inwriting that such applicant is not com-plying with or conforming to or hasfailed to comply with or conform to theuses to which said applicant stated in hisapplication he would put his machineryand equipment, or to the agreementswhich said applicant signed in said appli-cation or to any other statements setforth by said applicant in said applica-tion; (b) or that the county farm ration-ing committee has made a determinationin writing that said applicant has madea false statement in preparing his saidapplication or has not made in good faithany statement or agreement signed byhim in said application, and (ii) thatthere has been a determination by theState board in writing that such vestingis necessary to promote the best interestsof the United States. -

APPLICATIONS IY PERSONS FOR SCHEDULE IEQUIPMENT AND NOTIFICATIONS

§ 2.218 Applications for certificatesto purchase Schedule I equipment. (a)Any person who believes that he is en-titled under this order to Schedule Iequipment may file with the county farmrationing committee for the county inwhich such Schedule I equipment is to beprincipally used an application for acertificate to purchase such Schedule Iequipment. Such application shall befiled on 'Form MR.-20. The applicationsfor the Schedule I equipment refeired toin § 2.213 shall be filed on Form MR-20with the State board for the State inwhich such Schedule I equipment is to beprincipally used.

(b) If, pursuant to § 2.207, the SpecialWar Board Assistant has announced thatno quotas* will be presently establishedfor any type of Schedule I equipment, anapplicant for such type of Schedule Iequipment shall, in addition to filing theapplication mentioned in paragraph (a)hereof, certify in writing to the countyfarm rationing committee that he haslocated in the hands of a dealer or amail order house the Schedule I equip-ment for which japplication Is made andthat to his best knowledge such ScheduleI equipment so located will be trans-ferred-to him If he is granted a purchasecertificate.

§ 2.219 Preparation of application-(a) Forms. Copies of Form MR-20 maybe obtained from any State board, fromany county farm rationing committee orfrom any dealer.

(b) Contents-(1) Name of applicant.The applicant shall state his name asprovided in the instructions on FormMR-20.

(2) Addresses. The applicant shallstate the mailing address of his residenceor principal place of business or officeand the telephone number thereof, Ifany.

(3) Separate applications. A separateapplication shall be filed for each typeof Schedule I equipment.

(4) Agreements. T h e agreementsspecified !n § 2.217 (b) (1), (2), and (3)shall be incorporated In each applicationand the applicant's execution of the ap-plication shall also constitute his execu-tion of such agreements.

(5) Execution by applicant. The ap-plicant shall certify the facts stated Inthe application and shall sign the agree-ments contained therein .in the mannerand form provided therefor on FormMAR-20.

§ 2.220 Action by the county farmrationing committee on application. Be-fore granting an application for a pur-chase certificate for Schedule I equip-ment, the county farm rationing commit-tee shall satisfy Itself that the applicanthas properly executed his application,that all the facts stated In the applicationare true, and that the applicant has sat-isfied all the pertinent requirements andconditions specified by this order.

§ 2.221 Basis for county farm ration-ing committee determinations. (a) Ticounty farm rationing committee shallat all times serve the objectives sought bythe new farm machinery and equipmentrationing program and allocate ScheduleI equipment only for uses essential to theNar effort and then In the order that suchuses are most vital. The determinationof facts in each case shall be made by thecounty farmrationing committee uponthe basis of the application and all otherinformation which comes to its knowl-edge. In acting upon applications, itshall observe all pertinent provisions ofthis order as originally Issued and as sub-sequently amended. The county farmrationing committee may In its discre-tion request the applicant, or his au-thorized representative, to appear in per-son at a designated time and place toanswer pertinent questions. If an ap-plicant shall refuse to permit the countyfarm rationing committee or Its au-thorized representatives to make suchinspection of his farm and farm machin-ery and equipment as It deems necessary,his application shall be denied forthwith.The county farm rationing committeeshould attempt, Insofar as practicable, tohave before it all applications for eachtype of Schedule I equipment before It'issues any purchase certificates for eachsuch type of Schedule I equipment.

(b) No purchase certificate shall beissued to any applicant for any type ofSchedule I equipment for which the Spe-cial War Board Assistant has announcedthat no quotas will be presently estab-lished, unless such applicant has filedwith the county farm atlonlng commit-tee the certification required by § 2.218(b) and unless the county farm rationingcommittee Is convinced that said certifi-cation has been made In good faith.

§ 2.222 Notation of action, When thecounty farm rationing committee deter-

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mines that an application shall begranted, at least two members thereofshall place their initials after the word"Approved" on Form 1'.R-20. If thecounty farm rationing committee deter-mines that an application should begranted in part only, a notation show-ing the-part granted, initialed by at least'two members of the county farm ration-ing committee, shall be made on Form

,MR-20. If the county farm rationingcommittee determines- an applicationshould fbe denied, at least two membersthereof shall place their initials after theword "Disapproved" on Form MR-20.

§ 2.223 Notiftcation. After a c t i n gupon an application, the county farmrationing committee shall notify theapplicant of its decision. If the applica-tion is denied, in whole or part, the rea-sons therefor shall be set forth on FormMER-21. The original of such form shallbe given or mailed to the applicant, anda copy shall be attached to the applica-tion, which shall be filed in alphabeticalorder in the office of the county farmrationing committee.CERTIFICATES FOR PURCHASE OF SCHEDULE I

EQUIPL=

- § 2.224 Form of certiftcate. (a) Incases where the county farm rationingcommittee authorizes an applicant topurchase Schedule I equipment, it shallimmediately issue to the applicant apurchase certificate for the transfer ofsuch Schedule I equipment. The certifi-cate shall be issued on Form MR-22. Allpurchase certificates shall be non-transferable. Such certificates, whichshall be prepared in triplicate, shall benumbered serially and all numbers shallbe accounted for and the serial numberof each certificate shall be placed uponthe appropriate application. • The orig-inal and one copy of the certificate shallbe given or mailed to the applicant andthe remaining copy shall be attached tothe application. Each purchase certifi-cate shall show the date of its issuanceand -expiration, or any extension thereof.Each purchase certificate shall containthe agreement to be entered into be-tween the transferor and the transfereeof the Schedule I equipment describedtherein.

(b) A county farm rationing commit-tee may, before delivery to the applicantof Schedule I equipment described in apurchase certificate issued by it, cancelsuch purchase certificate if such com-mittee determines that the applicant hadmade a misrepresentation in his appli-cation or in any other matter properlybefore said committee, or that the ap-plicant will be unable to fufill the state-ments and agreements made by him inhis application or purchase certificate.

§ 2.225 Execution by issuing countyfarm rationing committee. It shall bethe responsibility of the county farmrationing committee, 'prior to the is-suance of a purchase certificate, to in-sert on the original and each copy thereofthe information designated thereon to beflled in by the county farm rationingcommittee. No certificate shall be validunless signed by at least one member ofthe county farm rationing committee.

§ 2.226 A c t o i by purchaser. (a)Upon receiving the purchase certificateexecuted as provided in § 2.225, the ap-plicant shall sign the purchase certificateand copy thereof, thereby executing theagreements contained therein. The ap-plicaint may then purchase the ScheduleI equipment specified in the purchasecertificate, at a price not in excess of themaximum price therefor established bythe Office of Price Administration.

(b) The applicant shall at the timeof purchase present to the dealer theoriginal purchase certificate and copythereof in the form in which they weregiven to him by the county farm ration-ing committee except for the additionof his signature.

§ 2.227 Expiration of purchase cer-tificates. Transfer (including but notlimited to delivery) of any Schedule Iequipment authorized by a purchase cer-tificate must be made on or before the60th day after the date of Issuance ofsuch purchase 'certificate. Such dateshall be known as the expiration date.Such purchase certificate shall be voidif transfer (including but not limited todelivery) is not made before the exppira-tion date and any transfer (includingbut not limited to delivery) made aftersuch expiration date shall be invalid.Any person who has been granted a pur-chase certificate pursuant to this ordermay, before the expiration date, applyto the county farm rationing committeefor an extension of such date. If, underall the circumstances, the county farmrationing committee determines thatthe expiration date should be extended,

-the county farm rationing committeeshall extend the expiration date. -An ex-tension shall not be granted for morethan 30-day period at any one time. Theoriginal and the copy of the purchasecertificate must be presented to thecounty farm rationing committee In orderthat the extended expiration date maybe noted thereon before any transfer(including but not limited to delivery)is made. If, after 5 days from the ex-piration date of any purchase certificate,the original of such purchase certificatehas not been -returned to the Issuingcounty farm rationing committee, suchIssuing county farm rationing committeeshall make Inquiry of the applicant anddetermine whether or not transfer (in-cluding but not limited to delivery) wasmade pursuant to such purchase cer-tificate before the expiration date thereof.If such transfer (including but not lim-ited to delivery) has not been so made,'the issuing county farm rationing com-mittee shall require the applicant or thedealer, f he has possession of such pur-chase certificate, to return the originaland copy thereof to the Issuing countyfarm rationing committee. It shall bethe duty of the county farm rationingcommittee, at the end of 5 days afterthe expiration date of a purchase certifi-cate, to cancel upon Its bookls suchpurchase certificate if the Schedule Iequipment covered by such purchase cer-tificate has not been delivered to thetransferee before such expiration date.The counity farm rationing committeeshall make such cancellation regardless

of the return of the outstanding originaland copy of said purchase certificate.

§ 2.228 Action by dealer. Upon thesurrender to him of a purchase certificateand copy thereof, the dealer shall as-certain that the original and copy havebeen properly signed by the purchaserand shallnot honor such cqrtificate un-less It and the copy are so signed. Tmme-diately upon delivering Schedule I equip-ment pursuant to a purchase certificatesurrendered to him, the dealer shall signand date the certificate and copy thereofin the space provided, thereby executingthe agreement contained therein, andshall thereupon mail the original of suchpurchase certificate to the issuing countyfarm rationing committee or the issuingState board. If delivery of the ScheduleI equipment specified in any such puar-chase certificate is not made before theexpiration date specified on such pur-chase certificate, the dealer shall, imme-diately following such expiration date,return the original and the copy of suchpurchase certificate to the issuing countyfarm rationing committee or the issuingState board.

APPEALS L APPLICANTS

§ 2.229 Application for reconsiderationby the county farm rationing committee.Any applicant whose application for newSchedule I equipment has been deniedn whole or in part by the county farmrationing committee may, within 15 cal-endar days after notification of such ac-tion, request such committee, in writing,to reconsider Its action on his applica-tion. Notification of the county farmrationing committee's ruling shall begiven to such person within 15 calendardays after receipt of his written requestfor reconsideration.

§ 2.230 Appeal to State board. (a)Any applicant for Schedule I equipmentwho has good reason to believe that theruling of the county farm rationing com-mittee on his request for reconsiderationis not in accordance With the provisionsof this order may, within 15 calendardays after written notification of suchruling, file with the county farm ration-ing committee a written appeal to theState board from' such ruling. Thecounty farm rationing committee shallpromptly transmit such appeal to theState board.

(b) The applicant shall include insuch appeal a statement in writing, set-ting forth the specific reasons why hebelieves the action taken by the countyfarm rationing committee was not inaccordance with this order, stating theportion or portions of this order uponwhich he relies, and stating in full thefacts upon which his appeal is based.

§ 2.231 Action by the State board.(a) The State board may require thecounty farm rationing committee or theapplicant to furnish pertinent informa-tion in addition to that furnished beforethe county farm rationing committeewith respect to the appeal pending be-fore such board. The State board mayaffirm, reverse, or modify the ruling ofthe county farm rationing committee.The action of the State board shall in

9653


all respdets be in accordance with theprovisions of this order.

(b) The State board's decision shallbe made 'as soon as is reasonably possible(in any event not later than 30 calendardays after the State board has receivedsuch appeal), shall be in writing, andnotification thereof shall be given to theapplicant and to the county farm ra-tioning committee. If the State bpardreverses or modifies the ruling of thecounty farm rationing committee, itshall promptly mail a copy of its decisionto the Special War Board Assistant,Room 3095, South Building, Departmentof Agriculture, Washington, D, C.

§ 2.232 Review of State board acticn.If an applicant has good reason to be-lieve that the decision of the State boardon his appeal is not in accordance withthe provisions of this order, he may,within 15 calendar days after notifica-tion thereof, file with the State board awritten petition for Ieview by the Spe-cial War Board Assistant. The Stateboard shall promptly transmit such peti-tion to the Special War Board Assistantat the address set forth in § 2.231 (b)hereof. Such written petition shall bedated and signed by the applicant, shallbe made under oath, and shall set forththe specific reasons why he believes thedecision of the State board is not inaccordance with the provisions of thisorder, and the portion or portions ofthis order upon which he relies. TheSpecial War Board Assistant may re-quire the furnishing of pertinent infor-mation by the applicant, the countyfarm rationing committee, or the Stateboard. He may affirm, reverse, ormodify the decision of the State board,and he may remand the matter to thecounty farm rationing committee. Thedecision of the Special War Board As-sistant shall be in writing and shall becommunicated to the applicant, to thecounty farm rationing committee, andto the State board, and shall be finaland conclusive.

RECORDS

§ 2.233 Records to be kept by thecounty farm rationing committee. (a)All applications for Schedule I equip-ment, and papers relating thereto, re-ceived by the county farm rationingcommittee, shall be systematically fiedIn its office. Records shall be kept by thecommittee of such pertinent and mate-rial data as may be necessary to carryout this order or as may be required bythe Special War Board Assistant. Thepurchase certificates returned by dealersshall be attached to the respective ap-plications.

(b) Lists containing the names andaddresses of applicants who have beengranted purchase certificates and theSchedule I equipment covered by eachrespective certificate shall be kept freelyavailable for public inspection in theoffice of the county farm rationing com-mittee and shall be made available forpublication in local newspapers.

(c) Data from all purchase certificatesissued by the county farm rationing com-mittee shall be kept for each type ofSchedule I equipment on Form MR-23,

Register of Nontransferable Certificatesfor Purchase of New Farm Machineryand Equipment.

§ 2.234 Records to be kept by dealers.(a) Each dealer shall prepare a copy ofthe itemized invoice required by § 1361.5of Maximum Price Regulation No. 133 1of the Office of Price Administration andshall forward such copy of said invoiceor sales check to the issuing county farmrationing committee or issuing Stateboard, along with the original of the pur-chase certificate. Such invoice or salescheck shall contain a separate statementof the following items:

(1) The manufacturer's suggested re-tail price, f. o. b., factory.

(2) The charge for freight and manu-facturer's handling, if any.

(3) The charge for dealer's handling,or the charge for special installation, ifany.

(4) The charge for delivery beyond the30-mile zone, if any.

(5) The amount of excise tax, if any,billed separately to the dealer by themanufacturer.

(6) The amount of sales, use, or grossreceipts tax, if any, required or permittedto be paid.

In addition such invoice or sales checkshall disclose a complete description ofthe farm machinery and equipment,transferred pursuant to the purchase cer-tificate, including the name of the man-ufacturer and the manufacturer's modelnumber.

(b) Each dealer shall maintain a filecontaining the copies of all purchase cer-tificates which are accepted by suchdealer and which are Issued on FormMR-22.

(c) Each dealer shall inake such re-ports, including inventories, and fur-nish such information as may be re-quired from time to time by the Secre-tary, the Special War Board Assistant,or other persons or agencies designated

'herein to assist in the administrationof this order.

ENFORCEiENT§-2.235 Criminal prosecution. (a) Any

person who knowingly falsifies an appli-cation, purchase certificate, certification,or any other record included within theterms of Rationing Order C, or anyamendments or supplements thereto, orwho otherwise knowingly furnishes falseinformation with regard to any mattercovered by this order to a county farmrationing committee, State board or toany other agent, agency, employee, orofficer of the Department of Agriculture,may, upon conviction, be fined not morethan $10,000 or be imprisoned for notmore than 10 years, or both, and shall inaddition be subject to the penalties there-for under any and all applicable laws.

(b) Any person who wilfully commitsany act prohibited, or who wilfully failsto perform any act required. by any pro-vision of Rationing Order C, or anyamendments or supplements thereto,may, upon conviction, be fined not morethan $10,000 or be imprisoned for notmore than one year, or both, and shallin Addition be subject to the penalties

a 7 F.R. 3185.

therefor under any and all applicablelaws.

(c) Any person who conspires withanother person to perform any of theacts described In paragraphs (a) and(b) of this section may, upon conviction,be fined not more than $10,000, or im-prisoned for not more than two years,or both, and shall in addition be subjectto the penalties therefor under any andall applicable laws.

§ 2.236 Suspension orders. (a) Anyperson who violates any provision of Ra-tioning Order C, or any amendment orsupplement thereto, or any agreementthereunder, may by administrative sus-pension order be prohibited from receiv-ing any deliveries of or selling or other-wise disposing of or using any materialsnow or hereafter authorized to be ra-tioned or allocated by the Secretary, in-cluding farm machinery and equipmentrationed under this order. Such suspen-sion orders shall be issued by the Secre-tary, or by such persons as he may desig-nate, and shall be effective for suchperiod as 1s deemed necessary or appro-priate in the public interest and to pro-mote the security of the United States.

(b) The Special War Board Assistantmay recommend to the Office of PriceAdministration or to the War ProductionBoard that any person who violates anyprovision of Rationing Order C, or anyamendment or supblement thereto, orany agreement thereunder, be denied theright to receive, use, sell, or otherwisedispose of any other materials whichnow or In the future may be underallocation.

§ 2.237 Other methods of enforce-ment. The Special War Board Assist-ant may also take such other action forenforcement of the provision of thisorder, or any amendment or supplementthereto, as he may deem necessary, in-cluding application to courts and to ap-propriate agencies of local, State, andFederal governments In order to Invokesuch powers as may be available andappropriate in connection therewith, In-cluding the power to requisition.

§ 2.238 Publicity. In the event of arefusal or failure to abide by any pro-vision of this order, or any amendmentor supplement thereto, or in the eventof any evasion or attempt to evade anyprovisions of this order, or any amend-ment or supplement thereto, the SpecialWar Board Assistant, In addition to theforegoing, will make every effort to In-sure that complete information concern-ing the same is given to the public andto the appropriate officials of local, Stateand Federal governments.

§ 2.239 Complaints of violations. Anyperson having knowledge of a violationof any provision of this order, or anyamendment or supplement thereto, shallreport the same to the county farm ra-tioning committee, the State board, theSpecial War Board Assistant, or the Sec-retary. An official or employee of theoffice to which the report is made shalltake such Information as is given, secur-ing the signature of the person so re-porting, If possible, and transmit thereport, together with such pertinent in-

9654


formation as may be then available, tothe Special War Board Assistant throughthe State boards.

SCOPE AND APPLICATION OF RATION NGORDER C

. 2.240 Territorial limitation. Ration-ing Order C shall apply only within thelimits of the continental United States.

TEMPORARY RATIONING ORDERS A AND B

§ 2.241 Effect on Temporary Ration-ing Orders A and B. Temporary Ration-ing Order A,' as amended, and TemporaryRationing Order B,' as amended, aremodified and superseded by this order tothe extent that any of the provisions ofthose orders are inconsistent with anyprovision of this order.

EFFECTIVE DATES

§ 2.242 Effective date o1 Rationing Or-der C. This Rationing Order C (§§ 2.201to 2.242, inclusive) shall become effectiveNovember 28, 1942.

Done at Washington, D. C., this 21stday of November 1942. Witness my handand the seal of the Department of Agri-culture.

[SEAL] GROVER B. TIL,Acting Secretary of Agriculture.

SCEME I

PL&NKG, EDNG AND =ITIZING WACHIfY

Planters, horse and tractor drawn:Two row, corn planters.Two row, corn and cotton planters.Three row and over, corn planters.

Planters, tractor mounted:One row, corn planters.One row, corn and cotton planters.Two row, corn planters.Two row, corn and cotton planters.Three row and over, corn planters.Three row and over, corn and cotton plant-

ers.Potato planters, horse or tractor drawn.Transpianters, horse or tractor drawn.Listers with planting attachments, horse or

tractor drawn:One row.Two row.Three row and over.

Listers with planting attachments, tractormounted:

One row.Two row.Three row and over.

Beet drills, horse-or tractor drawn.Grain drills:

One horse, 3 or 5 disc drills.Fertilizer drills, horse or tractor drawn.Plain drills, horse or tractor drawn.

Fertizer distributors, horse or tractor drawn.Lime spreaders (sowers):

Wheeled type, horse or tractor drawn.Endgate type.Truck body type.

Manure spreaders:Four wheeled, horse or tractor drawn.Two wheeled, tractor drawn.

PLQW AND LISTERS

Moldboard plows, tractor drawn or mounted:One bottom, tractor drawn.Two bottom, tractor drawnThree bottom, tractor drawn.Four bottom, tractor drawn.One bottom, tractor mounted.Two bottom, tractor mounted.

4 7 P.R. 7301. '7768, 8575, 8819.

'7 P.R. 8724, 9067, 9175.

No. 230-2

Dlsc plows, tractor drawn or mounted:One diEc, tractor drawn.Two disc, tractor drawn.Three dLc, tractor drawn.One dlsc, tractor mounted.Two disc, tractor mounted.

One way disc plows or tillers.Listers, horse or tractor drawn (Wlddlebuatcra

without planting attachment):One row, hore or tactor drawn.Two row, horse or tractor drawn.Three row and larger, horse or tractor

drawn.Listers, tractor mounted (Middlebustmrs

without planting attachment):One row, tractor mounted.Two row, tractor mounted.Three row and larger, tractor mounted.

HAaaOwS, EOLLMS, PULVMR --

Harrows:Spike tooth harrow ccctlons, hors or trac-

tor drawn.Spring tooth harrow Eectlons., horce or

tractor drawn.Disc harrows, horse or tractor drawn.Disc harrows, tractor mounted.

Soil pulverizers and packers.Ridge busters:

Ridge buste-s, horse or tractor drawn.Ridge busters, tractor mounted.

CULTIVATOS AND W=Eu S-

Cultivators. horse and tractor drawn:Beet cultivator.Field cultivator.

Cultivators, tractor mounted:One row.Two row.Three and four row.Five row and over.

Rotary hoes, horse or tractor drawn.Weeders:

Rod veeders, hone or tractor drawn.Tooth wreeders, horce or tractor drawn.

SMAT i S, DUSris MD OnOhSa. nPower sprayers, not including engines: Trac-

tion eprayers.Spray pumps, power.Dusters:

Power dusters with tractor mounted dustErs.Traction dusters.

HAnVm=,r. =CA r;T

Combines, harvester-threh-ers:Wldth of cut, 8 feet and under.Width of cut, over 6 feet, including 10 feet.Width of cut, over 10 feet.

Grain and rice binders:Grain binders, ground drive.Grain binders, power take-off drive.Rice binders.

Corn binders (row ],inder), horce or tractorCorn Pickers:

drawn.One row, mounted type.Two row, mounted type.One row, pull type.Two row. pull type.

Field ensilage harvesters, row type.Potato diggers:

Walking plow type.Horse or tractor.

Pea and bean hrvesters, row typo, horsa ortractor.

Beet lifters, hore or tractor.

Mowers, ground drive, horce or tractor drawn.Mowers, power take-off drive: Tractor mtd. or

seml-mtd.Rakes:

Sulky, dump.Side delivery, incl. comb. rids rakes and

tUdders.Sweep.

Hay loaders.Stackers (incl. comb. sweep stackrs)Plbk-up bay baecrs.

ZV.C .,M 02 =0S o-

Stationary threohera (grain, rice and alfalfa):Thmehers, width of cylinder under 23

inobes.

Threzhero width of cylinder 23 inches andover.

Stationary pa and bean theshers.Peanut pickers.Enllage Cutters (silo fillers).Fccd cutters, paTwar.Corn Shellem:

Power corn chellers, cylinder (151 bu. andunder).

Power corn chellers, cylinder (over 150 bu.).Carn husksra and chredders:

Combination corn huzs.e-shredders.Corn hukers.Corn 'hrdders.

Stationary hay balers:Horce.Engine or belt power.

Fced grinders and crushers:Power, burr typa.Hammer and roughage mils.

Cleaners and graders, corn and grain.Potato rortera and graders.

FAfU T2"VATOaS M.ID LLor-

Elevators (pzrtable).Elevators (stationary).Vowers (grain and forage).

Tractors, wheel typ2:Tractors, wheel, special purpose, under Za

h.p.Tractor, he7l, GPeclal purpose 30 and

over h. p.Tracto r, wheel, all purpoSe, under 30 h. p.Tractors, wheel, all purpoez, 30 and over

h.p.

Garden tractors (including motor tillers).

Engines, one or more but under 5 h. p.:Air coaled.Water cooled.

Engines (five or more but under 10 h. p.):Air cooled.Water cooled.

Wagons, farm without bos.Trucks, farm (not mtortucks).

roslm~c v"A=z xsx

Deep well:Deep well, reciprccal.Deep well, jet pumps.

Shallow well:259-493 gala. per hour.600 gals. per hour and over.

Power pumps: Horizontal type, up to and In-cludlng 75 gals, per minute, ICQ lb. pres-.

FArE rur-n's A=I wn.mns

Windmill heads.Windmill pumps.Windmill towers.Pump jacks.

sOATO" En'zr=O .

Irrigation pumps:Turbine pumps, 0 to 1,200 GPM, .Turbine pumps, 1,200 GPM and up, belt

driven.Centrifugal pumps.Hydraulic rams.

DIstribution equipment:Land leveling equipment, ditchers, cor-

rugators and scraper (excluding powerditchers, draglines and other sElf-pow eredmachines).

Portable pipe, extensions., and sprinIlefs.

9655

9656 FEDER

DAIRY FARM, IACHINES AND EQUIPMENT

Milking machines.Farm cream separators capacity, 250 lbs. per

hr. or less.Farm cream separators, capacity 251 lbs. to

800 lbs. per hour.Farm milk coolers:

Immersion type.Surface or tubular type.

Metal milk cans and covers.

FARMI FENCING

Barbed wire.Poultry netting.Poultry flooring.Woven or welded wire fence:

Hog and cattle fence.Poultry fence.

SCHEDULE II

PLANTING, SEEDING AND FERTILEING MACHINERY

Planters, horse and tractor drawn:One row, one horse corn planters. -

One row, one horse corn and cottonplanters.

One row, two horse corn and cottonplanteis.

Broadcast Seeders: Endgate.Garden Planters: Horse or tractor drawn.

PLOW AND LISTERS

Moldboard Plows, horse drawn:Walking, one horse, steel bottom.Walking, one horse, chilled bottom.Walking, two horse and larger.

ROLLERS AND STAH CUTTERS

Stalk cutters.

CULTIVATORS AND WEEDERS

Cultivators, horse drawn:One horse, all types.One row, walking, two horse.One row, riding, two horse.Two row and over, riding.

[P.R. Doc. 42-12279; Filed.November 23, 1942;10:52 a. In.]

Chapter I-Agricultural MarketingAdministration

PART 31-WOOL STANDARDS

DISTRIBUTION OF PRA9TICAL FORMS FORWOOL STANDARDS

By virtue of the authority vested in theSecretary of Agriculture by law (Sec. 19,39 Stat. 489, 45 Stat. 593, 55 Stat. 408; 7U.S.C. 1940 ed. 257, 415a-415d), the fol-lowing amendments to Title 7, Chapter I,Part 31, Code of Federal Regulations(7 CFR and 1939 Supp., Chapter I, Part31, as amended by 7 F.R. 6802) are pro-mulgated, effective immediately.

Section 31.51 is amended to read:§ 31.51 Practical forms; method of

obtaining; conditions. (a) Practicalforms of the official standards of theUnited States for grades of wool, namely:

Complete set: Grades 80's, or Fine, to36's, or Braid, inclusive, mounted, 12specimens,

Partial set: Grades Fine to Braid, in-clusive, mounted, 7 specimens;certified under the seal of the UnitedStates Department of Agriculture andsigned.by the Administrator of the Agri-cultural Marketing Administration orother official duly authorized by him, willbe furnished, subject to the other con-ditions of this Section, upon filing of an

AL REGISTER, Tuesday, November 24, 1942

approved application and prepayment ofcosts thereof as fixed by § 31.52. ,

(b) Each application for practicalforms of the official wool standards shallbe upon a blank furnished or approvedby the Agricultural Marketing Adminis-tration, shall be signed by the applicant,and shall be accompanied by certifiedcheck, draft, post office money order, orexpress money order, payable to the"Treasurer of the United States," in anamount to cover the cost of the formsrequested, and shall incorporate the fol-lowing conditions:

(1) That no practical form of the offi-cial wool standards shall be consideredor used as representing such standardsafter cancellation in accordance withthis section, or after the expiration of3 years following date of certificatiorrunless the Administrator of the Agri-cultural Marketing Administration hasextended said period'with respect to thepractical forms furnished under such ap-plication, or after any subsequent revi-sion of such standards.

(2) That the said practical formsshall be subject to inspection on anybusiness day, between the hours of 9 a. m.and 4 p. In., by the Secretary or by anyduly authorized officer or agent of theDepartment of Agriculture.

(3) That the certificate covering anypractical form may be revoked and can--celed if it isfound upon such inspectionthat the said practical form is not rep-resentative of the official standards.

Section 31.52 is amended to read:§ 31.52 Cost of practical forms:Complete set: $10.00 each, f. o. b. Wash-

ington, D. C., for shipment within thecontinental United States, and $12.00each, delivered to destination, for ship-ment outside the continental UnitedStates.

Partial set: $5.00 each, f. o. b. Wash-ington, D. C., for shipment within thecontinental United States, and $7.00each, delivered to destination, for ship-ment outside the continental UnitedStates.

Section 31.53 is amended to read:§ 31.53 Loaning of practical forms.

In.the discretion of the Administratorof the AgriculturaLMarketing Adminis-tration, limited numbers of copies of thepractical forms of the official standardsor samples or specially prepared exhibitsillustrating such standards, may beloaned to governmental agencies for of-ficial purposes or to, educational andother institutions or. organizations_ fordemonstration purposes.

The Rules and Regulations for thedistribution of practical forms of woolstandards are further amended by add-ing the following'new section:- § 31.54 Determination of grade. Theletermination of the grade of wool ac-

cording to the Official Standards of theUnited States for Grades of Wool shallbe by (1) inspection, for grades 80's, orfine, to 36s, or braid, inclusive, or (2)measurement, for grades 80's to 50's, in-clusive, in accordance with methods pre-scribed by the Administrator of the Agri-cultural Marketing Administration.

Done at Washington, D. C., this 20thday of November 1942. Witness myhand and the seal of the Department ofAgriculture.

[SEAL] CLAUDE R. WIcHARD,Secretary of Agriculture.

[F. R. Doc. 42-12277; Filed, November 23,1942;10:53 a. m.]

PART 31-WOOL STANDARDSDISTRIBUTION OF PRACTICAL FORMS FOR

-WOOL TOP STANDARDS

By virtue of the authority vested Inthe Secretary of Agriculture by law (Sco.19, 39 Stat. 489, 45 Stat. 593, 55 Stat. 408;7 U.S.C. 1940 ed. 257; 415a-415d), thefollowing amendments to Title 7, Chapter,I, Part 31, Code of Federal Regulations(7 CFR and 1939 Supp., Chapter 1, Part31, as amended by 7 FR. 6802) are pro-mulgated, effective Immediately.

Section 31.151 (a) Is amended by strik-Ing out the words "under the signatureof the Secretary of Agriculture, theretoaffixed by himself or by some other of-ficial or employee of the Departmenttfiereunto duly authorized by him, willbe furnished to any person, upon pre-payment of the cost thereof as deter-mined by the Secretary, subject to otherconditions of this section" and Insert-Ing In lieu thereof the words "signed bythe Administrator of the AgriculturalMarketing Administration or other of-ficial duly authorized by him, will be fur-nished, subject to the other conditionsof this section, upon filing of an ap-proved application and prepayment ofcosts thereof as fixed by § 31.152".

Section,31.151 (b) (1) Is amended byInserting after the word "certification"the words "unleis the Administrator ofthe Agricultural Marketing Administra-tion has extended said period with re-spect to the practical forms furnishedunder such application".

Done at Washington, D. C., this 20thday of November 1942. Witness myhand and the seal of the Departmentof Agriculture.

[SEAL] CLAUDE R. WICKARD,Secretary of Agriculture.

[F. R. Doc. 42-12278; Filed, November 23, 1942,10:53 a. In.]

Chapter VII-Agricultural AdjustmentAgency

[Bulletin NSOP-7011

PART 706--NAVAL STORES CONSERVATIONPROGRAl

SURPART E-1943Sec.708.401 Authority and availability of funds,708.402 Definition of terms.706.403 Duration of program.

'For the information of producers of gumnaval stores in North Carolina, South Caro-lina, Georgia, Florida, Alabama, Mississippi,Louisiana, and Texas. This bulletin explainsthe procedure to be followed In order to qUal-Ify for payments under the Naval Stores Conservation Program for 1943.


Sec.706.404 Kind of payments.706.405 Conditions of payment; perform--

ance required.706.406 Excess cotton acreage.706.407 Rates of payment and further con-

ditions.706.408 Application and eligibility for pay-

ment.706.409 Administration.

Aur o=Ty: §§706.401 to 706A09 Issued un-der the authority contained in sections 7 to17, as amended, 49 Stat. 1148, 1915; 50 Stat.329; 52 Stat. 31, 204, 205, 746; 53 Stat. 550,573; 16 U. S. C. 590g-490q.

§ 706.401 Authority and availabilityof funds. Pursuant to the authorityvested in the Secretary of Agricultureunder section 8 of the Soil Conservationand Domestic Allotment Act, as amended,and in connection with the effectuationof the purposes of section 7 (a) of saidAct in 1943, payments will be made forparticipation in the 1943 Naval StoresConservation Program in accordancewith the provisions of this bulletin andsuch modifications thereof or other pro-visions as may hereafter be made.. The provisions of the 1943 Naval StoresConservation Program are necessarilysubject to such legislation affecting saidprogram as the Congress of the UnitedStates may-hereafter enact; the makingof the payments herein provided for iscontingent upon such appropriation asthe Congress may hereafter provide forsuch purpose; and the amounts of suchpayments will be finally determined bysuch appropriation and by the extent ofparticipation in the program. -Any in-crease or decrease in the rates of pay-ments and deduction set forth hereinbecause of the extent of participation inthe program will not be in excess of 10percent.

706.402 Definition of terms-(a)Turpentine farm. The land and tur-pentine timber owned or leased, or op-erated on a sharecrop basis, and underone management andl in one general lo-cality, which is being operated for theproduction of gum naval, stores.

(b) Gum naval stores. Crude gum(oleoresin), gum turpentine, and gumrosin produced from living trees. Gumnavalstores does not include naval storesproduced from dead timber, stumps,knots, etc.(o) Producer. Any person or per-

sons, firm, partnership, corporation, orother business enterprise, doing businessas a single legal entity and producinggum naval stores from timber controlledfor turpentine purposes through feeownership, cash lease, percentage lease,share lease, or other form of control

(d) Face. The whole wound or ag-gregate of streaks made by chipping,streaking, or pulling the live tree tostimulate the flow of crude gum (oleo-resin), hereinafter referred to as gum.

(e) Cup. A container made of metal,clay, or other material hung on or be-low the face to accumulate the flow ofgunm.

(f) Tins. The gutters or aprons,made of sheet metal or other material,used to aid in conducting the gum froma face into a cup.

(g) Crop. 10,000 faces.

(h) Drift or tract. A portion or sub-division of a crop set apart for conveni-ence of operation.

(I) D. b. h. Diameter breast height;I. e , diameter of tree measured at 41,feet from the ground.

(j) Turpentine season. The entirecalendar year or, if a turpentine farm isoperated less than the full calendaryear, that period within the calendaryear during which a producer is operat-ing his farm for the production of gumnaval stores.

(k) Application. The prescribed formof application for payment for cooperat-ing in the 1943 Naval Stores Conserva-tion Program (hereinafter referred to asthis program).

§ 706.403 Duration of program. Theperiod during which this program is tobe in effect is the period January 1 toDecember 31, 1943, inclusive.

§ 106.404 Hind of payments. Pay-ment will be made, at the rates andsubject to the conditions set forth in§ 706.407, to producers who In 1943 carryout the approved practices set forth in§ 706.405 with respect to turpentinefarms currently being worked in 1943,beginning such cooperation within timelimits to be established by the ForestService of the United States Departmentof Agriculture (hereinafter referred toas the Forest Service) as appropriateand practicable time limits necessary toafford full opportunity to producers tocooperate In this program and to obtaina full measure of compliance with theobjectives of this progr.m.

§ 706.405 Conditions of payment; per-formance required. In order to qualifyfor payment, producers shall meet thefollowing requirements:

(a) Working small trees prohibited.No face (either old or new) shall beworked during'the 1943 turpentine sea-son on any tree less than 9 inches d.bh.on any'turpentine farm or farms owned,leased, or worked by the applicant pro-ducer.

(6) Only one face Permitted on treesunder 14 inches diameter. No trees thatis less than 14 inches d.b.h. shall havemore than one face worked during the1943 turpentine season on any turpen-tine farm or farms owned, leased, orworked by the applicant produce.

(c) Virgin faces on trees 9 inches orlarger eligible for Payment. Paymentwill be made on all virgin faces worked,either owned or leased, by the applicantproducer if all such virgin faces are ontrees 9 inches d. b. h. or larger.

(d) Working quotas. For this pro-gram there will be no recognition of"base" as it was used in any previousprogram; and therefore no limitation re-sulting from "base" provisions -as to thenumber of faces a producer may work.A producer may work any number offaces under this program, provided thatall faces so worked conform to the per-formance requirements outlined in theother paragraphs of this section.

(e) Written evidence of leases re-quired. Any producer who acquiresfaces through a new lease or the renewalof an expiring lease must present to the

Forest Service satisfactory proof in writ-ing of such a transaction.

(f) Restrictions concerning non-par-ticipatlng operations. Any p r o d u c e rotherwise participating in this programwho permits his labor to operate timberwhich heowns or controls and cannotoperate and remain eligible for partici-pation under the terms of this program,or who assists in any manner in the oper-ation of such timber or the sale or proc-essing of the gum therefrom, either di-rectly or through a relative or employeeor through any member, officer, or em-ployee of any partnership, corporation,or other businezs enterprise in which hehas any interest or with which he hasany connection, or in any other mannerwhatsoever, shall not be eligible to re-ceive any benefit payment under thisprogram.

(g) Faces installed on small trees in1941 an'd 1942 not eligible for payment.As In previous programs, participants inthis program will be paid for the removalof faces on trees under ' inches d. b. h.and on trees between 9 and 14 inchesd. b. h. as required by paragraphs (a)and (b) of this section, if the cups onsuch trees were installed during the 1939,or 1940 turpentine season. As an-nounced In the 1941 and 1942 bulletins,no payment will be made for the removalof faces that were installed during the1941 and 1942 seasons on trees under 9inches d. b. h. and on trees between 9and 14 inches d. b. h.; and in the event ofa Naval Stores Conservation Program for1944 no payment will be made on suchfaces installed in 1943.

(h) Payment on discontinued faceslimited to small trees. Payment on dis-continued faces shall be limited to thoseremoved from small trees as required byparagraphs (a) and (b) of this section,provided such removed faces are locatedin drifts that contain working faceswhich are continued in operation.

(W Cups and tins must be detachedfrom small trees. Cups and tins must bedetached from those faces removed fromoperation on trees under 9 inches d. b. h.or between 9 and 14 inches d. b. h., butneed not be removed from the area.

() Limitation of worklng area anrfaces. Total streaks per face made dur-ing the peiod of this program, averagedby drifts or tracts, shall not exceed 24inches in vertical measurement betweenshoulders of first streak and shoulders oflast streak.

4k) M1inimum number of streaks re-quired. Payment shall not be made onfaces In production which do not aver-age, by drifts or tracts, at least 12 streaksfor the 1943 turpentine season, whichstreaks shall have been made at nogreater frequency than two-streaks perweek.

(I) Over 9O-inch faces not eligible forpayment. Payment shall not be madeon working faces or on faces required tobe removed by paragraphs (a) and (b) ofthis section in any drift or tract wherethe average height of faces exceeds 90Inches at the beginning of the 1943 tur-pentine season, In vertical measurementbetween shoulders of first streak and

9657


shoulders of last streak, including jumpstreaks.

(m) Repayment for laces removedfrom small trees. Payment shall not bemad6 on faces taken out, or remainingout, of production pursuant to the provi-sions of paragraphs (a), (b), and (g) ofthis section in any drift or tract unless (1)such faces were discontinued under the1940 program or a later program andhave been kept out of production con-tinuously since remo.val from productionand (2) also the cups on all such faceswere installed during the 1939 or 1940turpentine season and such faces areunder the producer's control for tur-pentine purposes throughout this pro-gram,

(n) Chemical application to faces onexperimental tracts. Additional benefitpayments, intended to partly compensatefor extra supervision and records and toinduce cooperation, will be made to afew participating producers (selected inadvance by the Forest Service from vol-unteer applicants in .areas where fre-quent observation is economical) for theexperimental application of chemicalstimulants to a portion (not in excess ofapproximately one crop) of the facesworked by the producer if the experimentIs carried out in accordance with con-ditions prescribed by the Forest Service.

(o) Bark-bar requirement. No treeshall have any new (first-year) back faceunless a bark-bar on each side of theback face is provided and maintainedthroughout the 1943 turpentine season,the total of the two being not less than 7inches in width, measured horizontallyalong the bark surface: Provided, how-ever, That the restriction with respect tothe width of the bark-bar shall not applyto any tree which has on it two or moreold faces.

(p) Consolidation of farms. Any per-son having part ownership and controlof more than one turpentine farm shallhave the right and privilege of consoli-dating two or more such farms for thepurpose of carrying into effect the pro-visions of this program.

(q) Only participants eligible forloans. In the event of a loan programbeing set up for producers during 1943,only those producers who are participat-ing in this program will be eligible forloans except as provided in paragraph r)of this section.

(r) Operators on public domain noteligible for payments. The provisions ofthis program are not applicable to pro-ducers on such portion of their opera-tions as may be within the public domainof the United States, including the landsand timber owned by the United Stateswhich were acquired or reserved for con-servation purposes or which are to be re-tained permallently under Governmentownership (such lands include, but arenot limited to, lands owned by theUnited States which are administered bythe Forest Service or the Soil Conserva-tiorq Service of the United States Depart-ment of Agriculture, or by the Divisionof Grazing or the Bureau of BiologicalSurvey of the United States Departmentof the Interior): Provided, however,That such producers shall have the privi-lege of borrowing under any loan pro-

gram for naval ftores producers whichmay be in operation during 1943.

This program is applicable to landsowned by corporations which are onlypartly owned by the United State , suchas Federal Land Banks and ProductionCredit Associations.

This program is also applicable to landowned by the United States or by corpo-rations wholly Owned by the UnitedStates which is farmed by private per-sons if such land is tq be temporarilyunder such Government or corporationownership and was not acquired or re-served for conservatiori purposes. Suchland shall include only that administeredby the Farm Security Administration, theReconstruction Finance Corporation, theHome Owners' Loan Corporation, or theFederal Farm Mortgage Corporation, un-less the Forest Service finds that landadministered by any other agency com-plies witt all of the foregoing provisionsfor eligibility.

(s) Fire protection requirements. Theapplicant producer shall to the best ofhis ability protect from fire all forestland of any kind within each turpentinefarm owned, leased, or otherwise con-trolled by him for the duration of thisprogram, and in doing sb shall cooperatewith the State and Federal Governmentsin any cooperative forest fire protectivesystem that exists contiguous to his tur-pentine farm or within the area withinwhich such farm is situated: Provided,That the producer shall not be requiredto pay the cost of fire protection on landnot owned by him unless so stipulated inthe terms of his lease. He shall, how-ever, conduct his-operations in all casesin such manner as will prevent fireescaping to adjoining forest lands,whether protected or not.

(t) Timber cutting requirements. Theapplicant producer, in order to providefor restocking and to promote continuedproduction of timber upon which thenaval stores, pulp and paper, lumber, andother wood-using industries are depend-ent, shall, in any and all cutting of tim-ber during the calendar year 1943, whichis owned by him or is on land owned byhim, meet or exceed the following mini-mum requirements:

(1) In cutting operations within tur-pentine stands, all worked-out turpen-tine, defective turpentine, and- non-turpentine trees may be cut, provided atleast 6 thrifty seed trees of turpentinespecies per acre, 8 inches or more indiameter, outside bark, at the stump (12inches above the ground), are left uncutand undamaged, or provided sufficientyoung growth of turpentine species (atleast 150 trees per acre not less than 6to 8 feet high) is left uncut and undam-aged; no round turpentine trees, exceptsuch as are defective or wher6 thinningsare needed, shall be cut; necessary thin-nings may be made, but in such casethere shall be left uncut and undamagednot less than 50 trees of turpentine spe-cies per acre at least 6 to 9 inches in di-ameter, outside bark, at the stump (12inches above the ground). A turpentinestand is a: stand of predominantly long-leaf and/or slash pine, containing suffi-cient trees of these species to justify usefor the production of gum.

(2) In pine timber cutting operationson non-turpentine stahds, at least 4thrifty seed trees per acre, 8 inches ormore In diameter, outside bark, at thestump (12 Inches above the ground) shallbe left uncut and undamaged unless suf-ficient young growth (at least 150 treesper acre not less than 6 to 8 feet high)is left uncut and undamaged. A non-turpentine stand is a stand of predomi-nantly non-turpentine species containingtoo few longleaf and/or slash pines tojustify gum production.

Payment on working faces or removedfaces shall not be made if the tree hav-ing such face or faces is cut or removedprior to the expiration of this program;Provided, however, That trees havingfaces which attain a height in excess of 10inches during the 1943 season may be cutafter October 15, 1943, and payment willbe made for such faces If written permis-sion to cut Is given by a District Super-visor of the Forest Service.

(u) Records required to facilitate ad-ministration of program. Each appli-cant producer In measuring his trees todetermine those to be worked under thisprogram shall make an acctrate count,by drifts, lots, or other suitable units, ofall such faces and shall separately ac-count for those located on fee land andthose on leased lands; and he shall makeand keep a written record thereof andfurnish such record to the Forest Serv-ice, together with a description of thelands. Each producer who files a worksheet shall assist the representatives ofthe Forest Service in the administrationof this program by giving them free ac-cess to his turpentine farm, indicatingthe location of trees and face, recordedon the work sheet, furnishing compe-tent labor to assist the inspector incounting trees, and otherwise facilltat-ing the work of the inspectors in check-ing compliance with the terms and con-ditions of this program. , All drifts ortracts must be clearly marked either bypaint or non-injfirlous blazes, so thatdrift or tract lines can be traced in thefield without a guide. Any producer par-ticipating in this program is required tonotify the Forest Service promptly inwriting after the work sheet has beenfiled (1) if there is any change in own-ership or cjntrol, (2) if there is anytransfer, expiration, or sale of lease, and(3) at least 10 days in advance if anytimber on the turpentine farm Is to becut.

§ 706.406 Excess cotton acreage. (a)Any person who makes application forpayment with respect to any turpentinefarm located In a county in which cot-ton. is planted in 1943 shall certify, inhis Certificate of Performance and Ap-plication for Payment that he has notknowingly planted cotton, or caused cot-ton to be planted, during 1943, on landin any farm wherever situated, in whichhe has an interest, in excess of the cot-ton acreage allotment for the farm for1943, and that If cotton was planted Inexcess of such allotment it was donewithout his authority or consent and, ifhe had knowledge thereof, he madeevery reasonable effort to prevent suchoverplanting.

9658


(b) Any person who knowingly plantscotton, or causes cotton to be planted, onhis farm in 1943 on acreage in excess ofthe cotton acreage allotment for thefarm for 1943 shall not be eligible forany payment whatsoever, on that farm,on his turpentine farm. or any otherfarm, for the year 1943 under this pro-.gram or the Agricultural ConservationProgram. For further details, see the1943 Agricultural Conservation ProgramBulletin and the instructions issuedthereunder.

§ 706.407 Rates of payment and fur-ther conditions-a) Rates of payment.In connection with the utilization, dur-ing the period of this program, of landdevoted to growing trees suitable for orused in the production of gum navalstores, on all turpentine farms operatedin accordance with the conditiont setforth in this bulletin, payment will bemade to each participating producer atthe following rates:(1) 1% cents pgr face for each face

in continuous operation during the 1943turpentine season, except faces in driftsor tracts which, by drifts or tracts, av-erage more than 90 inches in height atthe beginning of the 1943 turpentineseason.

(2) 3 cents additional per face for eachface in the selected areas on whichchemical stimulation experiments areconducted as prescribed under § 70.405Wn).

(3) 5 cents per face for any one face ofone or more faces on trees less than 9inches d. b. h. and for any one face oftwo or more faces on trees 9 to 1.4 inchesd. b. h., which are removed from opera-tion during the 1943 turpentine season,or which were taken out of operationduring the 1940 or a later program andkept out of operation during succeeding •programs, including this program, forwhich payment was made in a previousprogram, and which were first installedduring or after the 1939 turpentineseason.(b) Payments limited to $10,000. The

total of all payments made in connectionwith all programs for 1943 under section8 of the Soil Conservation and DomesticAllotment Act to any individual, partner-ship, or. estate, with respect to turpen-tine places, farms, and ranching units,situated within a single State, Territory,or possession, shall not exceed the sumof $10,000, prior to deduction for asso-ciation or other administrative expensesin the county or counties or other areaswith respect to which the particular pay-ments are made. The total of all pay-ments made in connection with such pro-grams to any person other than anindividual, partnership, or 'estate, withrespect to turpentine places, farms, and.ranching units situated in the UnitedStates (including Alaska, Hawaii, andPuerto Rico), shall not exceed the sumof $10,000 prior to thef aforesaid deduc-tion.(c) Payment restricted t, effectuation,

of purposes of this program. All or anypart of any payment which has been orotherwise would be made to any personunder this program may be withheld orrequired to be returned if he adopts or

has adopted any practice which tends todefeat any of the purposes of this or anyprevious program, including the loanprogram, If any, or If, by means of anycorporation, partnership, estate, trust, orany other device, or in any manner what-soever, he has offset, or participated Inoffsetting, in whole or In part, the per-formance for which such payment Isotherwise authorized, or If, with respectto grazing land, forest land, or woodlandowned or controlled by him, he adopts orhas adopted any practice which is con-trary to sound conservation practices.

Any person who, for any part or all ofthe 1943 turpentine season, leases anyturpentine timber owned or controlled byhim, or transfers his lease, on any turpen-tlne timber, or sells his turpentine tim-ber, to another person who he knows orhas good reason to believe wi not carryout all sound conservation practicesthroughout the 1943 turpentine season-on such turpentine timber shall not beeligible to receive any payment whatso-ever under this program or to receive un-der the 1943 Agricultural ConservationProgram any payment with respect to thefarm in which such turpentine timberwas embraced.

(d) Increase in small payments. Thetotal payment computed for any pro-ducer with respect to his turpentine farmshall be increased as follows:

(1) Any payment amounting to 71cents or less shall be increased to $1.00;

(2) Any payment amounting to morethan 71 cents but less than $1.00 shall beincreased by 40 percent;

(3) Any payment amounting to $1.00or more shall be inreased in accordancewith the following schedule:

Amcunt of payment ccmputd inpaymct

M.0 to $L.9_.'M'a to

'5.02 to S55 .........56.0 0 to 5.5_ ....................

1.0) to $7,57.50 to $209.$1.50 to $0.02.....................IN.00 to ?X19 .......................

$1.00 to ---------*13.00 to $1.5....514.50 to $140......$11.50 to $11,9.$10.5 to ,1..................$17.50 to $10 ........................

$15k) to $1.C ...................*20.50 to

$15.M0 to $...9-$16.50 to $.1. .$17.0 to$1729.

$20.50 to $10.52... ..... .,

SI7.M0 to M.9_.

W0.0 to 20Mt29_

$52.CO to €21.9.. ...

5.SCto$2.02 ...............S21.50 to ,0.,.............

02.50 to $159 ....

$24.5') to $3.4 ............. ~.......

_-ko to $._$.00 to 9.*24.5 to 33.. .S39.50 to 'K31..

I.'Moo to $42t1SCACo to .t

13.50 to ,09 . .............=4.00 to $44. .......

,45.E' to KC 1Q..... ....M.0 to ,t.9. _K9.0@ to ~_RZEDO to ,e2CO..W4.,0 to W.43 ------

$e44.0@ to,4.'145.0 toWQ -£ -......... ....'Wk.'). to V 5.1Q ..........047.0@ to I47.r9_

2.5.32.4)

4A04.43

GU9

7.M07.5.3&50

MOn.009.43V.0

19..19.05523

12-49

10.09

IM]3ILMILCJ

10.01

211911.4)

11.52111.530

12.1

12.1012.012.22

I rrc2zz.&Dt'f=t c1Y3Y=Cnt ccmutcd Jin

Pr'Y=t

St45X to 3 9. ___ MES4 10 to 5I9. 11)

3 to . ... . 13.-0

s 2.co to r1zs9.... - 3.1)2.C3 to 5'3.9__13.02

ttAo to 52.5...... _ 13. 12

53X'3 to 51559. _ ............. 13.5"M.5 to 2.0 . 30

E .R0a to C13.522(0o to 25. . . . 15

'1nrc=3 to 2.

(e) Administrative expenses. There,hall be deducted from the payments toeach applicant producer his pro rateshare of all or such part as the Secretaryof Agiulture may prescribe of the esd-mated expenses incurred or to be in-curred in the administration of thisprogram.

§ 706.403 Application and cdigibilityfor Payment-a) Filing of work: sheetand application. Payments will be madeupon the basis of facts established in anapplication for payment properly exe-cuted on Form NSCP-703 and fled witha district or regional office of the ForestService. Each person filing an applica-tion for payment will be reiulred to showthat a work sheet has been properly exe-cuted and timely filed covering each tur-pentine farm owned, leased, or otherwisecontrolled, and being operated by him,with respect to which an application forpayment Is flied.

An application for payment may bemade by any producer who is actively en-gaged in the production of gum navalstores during the 1943 turpentine season.

(b) Time" limit for filing wor7: sheetsand applications. Work sheets and ap-plications shall be filed in the mannerprescribed and within time limits estab-

lIshed by the Forest Service as afford-Ing reasonable opportunity to producersto participate in the benefits of this pro-gram and keeping the administrativecosts within the budget and as low asreasonably may be reached.

c) Producer eligible for payments.Payment will be made to the producerwho operates the turpentine farm andwho executes the application for pay-ment. In the event one producer con-ducts the operation of a turpentine farmduring a portion of the 1943 turpentineseason and another producer conductsthe operation of the turpentine farmduring the remainder of the season, pay-ment will be made to the producer wholast conducts the operation of the tur-pentine farm during the season: Pro-vided, however, That, in the event of amutual agreement between the originalproducer and the successor-producer,payments shall be divided between suchproducers on the basis of such mutualagreement as evidenced by their jointapplication.

Cd) Time of payment. Payment willbe made as soon as practicable after afinal field inspection of the turpentine

9659


farm on which a work sheet has beenfiled and after an application for pay-ment has been filed witt. respect to suchfarm.

(e) Assignments. In order to carryout the provisions of section 8 (g) of theSoil Conservation and Domestic Allot-ment Act, as amended, and as modifiedby the last proviso to the item entitled"Conservation and Use of AgriculturalLand Resources, Department of Agricul-ture" contained in the Department ofAgriculture Appropriation Act, 1939:

Any producer who may be entitled toany payment in connection with the1943 Naval Stores Conservation Pro-gram may assign his interest in suchpayment, in whole oi in p rt, as securityfor cash loaned or advances made forthe purpose of financing the making ofa crop In 1943. No such assignment willbe recognized unless the assignment ismade in writing on Form ACP-69-Re-vised in accordance with the instructions(ACP-70 as amended), witnessed, how-ever, by a district supervisor or an in-spector of the Forest Service and filedwith the Regional Office of the ForestService, Atlanta, Georgia, or with theoffice of the appropriate district su-pervisor of the Forest Service locatedat Jacksonville, Florida; Savannah,Georgia; or Pensacola, Florida; nor un-less such assignment is entitled to pri-ority as determined under the instruc-tions governing the recording of suchassignments issued by the AgriculturalAdjustment Agency. , I

The foregoing provisions shall not beconstrued to give an assignee a rightto any payment other than that to whichthe producer is entitled, and the statuteprovides that the Secretary of Agricul-ture and any disbursing agent shall notbe subject to any suit or liability if thepayment is made to the producer with-out regard to the existence of anyassignment.

§ 706.409 Administration. The ForestService shall have charge of the admin-istration of this program and is herebyauthorized to make such determinationsand to prepare and issue such bulletins,Instructions, and forms as may be re-quired to administer this program pur-suant to the provisions hereof; and thefield work shall be administered by theForest Service through the office of theRek1onal Forester, United States Fore'stService, Glenn Building, Atlanta, Georgia.

Done at Washington, D. C., this 20thday of November 1942. Witness my handand the seal of the Department ofAgriculture.

[SEAL] GROVER B. HILL,Assistant Secretary of Agriculture.

[F. R.Doc.42-12247; Filed, November 21, 1942;11:57 a. m.]

TITLE 10-ARMY: WAR DEPARTMENTChapter V-Military Reservations and

National CemeteriesPART 55-MOTION PICTURE SERVICE

Section 55.8 (a) (1) (2) and (3)- Isrescinded and the following substitutedtherefor:

17 F.R. 7959.

§ 55,8 Coupon books-(a) Sale. Cou-pon books will be sold at the theater orat such other places on the post as thecommanding officer may designate, atthe price announced by the War Depart-ment. Coupon books are sold at a con-siderable discount which Is warrantedonly under certain conditions surround-ing their use as outlined in these regula-tions with the provisions of which pros-pective purchasers should be madeacquainted. Coupon books will be soldwith a clear understanding that they arenot transferable and are subject to con-fiscation if presented by other than theperson to whom they were sold. Theintent of this requirement is to preventthe purchase of books for the sole pur-pose of their resale and not to preventthe use by members of a family of acoupon book purchased by one memberthereof. (R.S. 161; 5 U.S.C. 22) [Par.25b. AR 210-390, July 10, 1942, asamended by C3, Nov. 1, 1942]

[SEAL] J. A. ULIO,Major General,

The Adjutant General.

[F. R. Doc. 42-12170; Filed, November 20, 1942;1:31 p. m.]

Chapter VII-Personnel

PART 79-PRESCRIBED SERVICE UIORM

CONTRACT SURGEONS

Section 79.25 (a) (11).is hereby addedas follows:

§ 79.25 Insignia of grade-(a) 01I-cers. * * *

(11) Contract surgeons. Same as forfirst lieutenants. (R.S. 1296, 10 U.S.C.1391) [Par. 25a, AR 600-35, Nov. 10,1941, as amended by C5, Nov. 6, 1942]

[SEAL] J. A. UmO,Major General,

The Adjutant General.[F.R. Dec. 42-12171; Filed, November 20, 1942;

1:31 p. m.]

PART 79b--WomE's ARMY AuxmiAiyI CORPS

ORDERS AUTHORIZING ASSIGNMENT TODUTY, ETC.

Section 79b.4 ' is hereby amended toread as follows:

§ 79b.4 Orders. Orders authorizingassignment to duty, transfer, or otherchanges in status of individuals of theWAAC, except for detached service asset forth in WAAC regulations, will beissued by the Adjutant General uponrequest of the Director. Orders for de-tached service will be issued by the head-quarters authorized to issue such ordersfor Army personnel at stations whereWAAC personnel are assigned. (Act ofMay 14, 1942, Public Law 554, 77th Con-gress) , [Par. 10, Women's Army Auxil-iary Corps Regulations (Tentative) May

17 P.R. 4819.

28, 1942, as amended by WAAC Cir. 14,Nov. 4, 1942]

[SEAL] J. A. ULIO,Major General,


[F.R. Dec. 42-12168, Fl1d, November 20, 1942,1: 30 p. m.]

Chapter VIII-Procurement and Disposalof Equipment and Supplies

PART 81-PROCUREMENT OF MILITARYSUPPLIES AND ANIMALS

The following sections of War Depart-ment Procurement Regulations datedSeptember 5, 1942, as amended, pub-lished :n the FEDERAL REoISTER, October13, 1942, 7 F.R. 8082, and November 13,1942, 7 P.R. 9268, are hereby furtheramended as follows:

Sections 81.105, 81.202, 81.204, 81.205c,81.206, 81.324 (a) and (b), 81.342 (a) and(b) are amended; §§ 81.202 (b) and (o),81.205 (d), 81.207, 81.208, 81.324 (C),81.905 (f), 81.968-81.974, and 81.1401-81.1428 are added; § 81.967 (d) is re-scinded, and §§ 81.205 (d), (e), and ()are redesignated (e), (f), and (g) re-spectively, the redesignated paragraph(f) being amended.

Figures to the right of the decimalpoint in section numbers correspondwith paragraph numbers in procurementregulations.

At Horr: See. 6S, National Defense Act,as amended, 41 Stat. 764, 54 Stat. 1226 10U. S. C. 1193-1195, and the First War PoweraAct, 1941, 55 Stat. 836; 50 U. S. 0. Sup.601-622.

§ 81.105 Contents. The following isa list of the current procurement regula-tions:

PR No. 1. General Instructions [ 101-119(§§ 81.101-81.119)

PR No. 2. Negotiated Purchases ( 201-208.2] (§§ 81.201-81.208)

PR No. 3. Contracts. [ 301-360] (81.301-81.360)

PR No. 4. Bonds and Insurance [ 401-427] (§§ 81.401-81.427)PR No. 5. Foreign Purchases [10 601-508.21

(99 81.501-81.508)PR NO. 6. Procurement and Purchase of

,Suppies [ 601-6121 (§§ 81.601-81,612)PR No. 7. Disposition of Personal Property

[U 701-717.4] (§§ 81.701-81.717)PR No. 8. Federal, State and Local Tdxos

[ 801-817.3] (§§81.801-81.817)PR No. 9. Labor [ 901-9741 (§§81A01-

81.974)PR No. 10. Emergency Plant Facilities

[ 1001-1017] (§§ 81.1001-81.1017)PD No. 11. Miscellaneous Purchase In-

structions 1 1101-11071 (§§ 81.1101-81.1107)PR No. 12. Renegotiation and Price Ad-

justment [1 1201-1213] (§ 81.1201-81.1213)PR No. 1S. Forms of Contracts 1 1301-

1312; 1321-13261 (H9 81.1301-81.1312; §81.1321-81.1326)

PR No. 14. Requisitioning of PersonalProperty [1401-1428] (§§ 81.1401-81.1428)

Appendix I Assignment of ProcurementResponsibility and Purchase Responsibility.

NEGOTIATED PURCHASES

§ 81.202 Definitions. (a) The term"negotiated purchases" as used In these,procurement regulations includes allpurchases which are not made as a re-sult of formal advertising in accordancewith section 3709, Revised Statutes.Negotiated purchases may be made notonly by face to face dealings, but also

9660


by securing informal written bids ortelephone quotations. However, wheresuch bids or quotations are requested,the request therefor should clearly in-dicate that the service is' proceedingunder the negotiating power of PublicNo. 354, First War Powers Act, 1941.

(b) A purchase action is any transac-tion (including all types of awards)obligating government funds. A trans-action, in this'case, includes transactionswith any individual, firm, corporation orgqvernmental agency outside of the juris-diction of the War Department. Theexecution of a letter of intent is to be

- regarded as a purchase action unless theundertaking contained therein is condi-tioned upon funds becoming available,

-and hence does not obligate governmentfunds (See for example, the letter of in-tent which was the subject of the deci-sion of the Comptroller General issuedunder date of December 22, 1941;B-21673).

(c) The term "service" as used in thisprocurement regulation, includes all Sup-ply Services, Services of Supply; the Ma-tdriel Command, Afmy Air Forces; allService Commands, Services of Supply;Special Services, Services of Supply; Ad-ministrative Services, Services of Supply.

§ 81.204 General policy. (a) Exceptas indicated in paragraph (b) below, allcontracts will be placed by negotiation.The methods of negotiation to be fol-lowed will be'determined by the chief ofthe service concerned. Any methodwhich will result in the most efficientaward of contracts and will, in the judg-ment of -the chief of the service con-cerned, protect the interests of -the Gov-ernment, is hereby authorized.

(b) When authorized by the Directorof the Procurement Policy Division of theWar Production Board or his designatedrepresentative, contracts may be placedby formal advertising instead of by ne-

- gotiations if deemed necesshry in the in-terests of the Government. Requests forsuch authority will be submitted to theDirector, Purchases Division, Headquar-ters, Services of Supply, by the chief ofthe service concerned.

§ 81.205 Special instructions-(a) De-centralization. The chiefs of the serv-ices will decentralize to their field agen-cies the actual work of negotiating con-tracts to the greatest extent consistentwith efficiency and proper safeguardingof the public interest.

(b) Where consistent with the requiredspeed of war procurement, notificationof the proposed procurement will begiven to a reasonable number of quali-fied contractors, and quotations securedfrom them. A qualified contractor is onewho: I

(1) Qualifies as such under the lawsand lawful regulations governing thepurchase of the supplies in question,

(2) Can comply with all the terms andconditions governing the purchase,

(3) Is a manufacturer of or a regulardealer in the supplies or services to bepurchased, and

(4) In the judgment of the chief ofthe service is responsible.--

(c) Considerations relative to pro-curement as set forth in War ProductionBoard directive.. Under date of October

10, 1942, the Chairman of the War Pro-duction Board Issued Directive No. 2,amended (7 F. R. 8179) which, in part,provides as follows:

(b) (1) In negotiating contracts relatingto war procurement the following consider-ations shal govern:

(1) Primary emphasis shall be upon sccur-ing deliveries or performance at the timearequired by the war prcgram.

(it) Subject to the considerations statedIn subdivlslon (I) contracts shall be placedwith concerns needing to acquire the leastamounts of additional new machinery, equip-ment, or facilities for parformance of thecontracts.

(Ill) Subject to the considerations statedin subdivisions (1) and (U), It shall be thepolicy of all war procurement departmentaand agencies to avoid contracting for theprcduction of Items or materials in com-munities or areas n which acute labor short-ages are known to exist whenever It I, prac-tical to procure the nccdcd Items or mate-rials elsewhere. The War Manpower Com-mission shall be relied upon to certify to thewar procurement agencies communItl3 andareas In which acute labor shortagcs exist tosuch a degree that the policy statcd In thissubdivision Is applicable.

(iv) Subject to the considerations statedlnx subdivisions (1), (11), and (l1), such con-tracts shall be placed so as to concarve, for-the more difilcult war prcduction problems.the resources of concerns best able, by reasonof engineering, managerial, and physical re-sources, to handle them. AccordinCly, con-tracts for Items which Involve relatively sim-ple production problems shall be placed withconcerns normally the smaller ones, whichare less able to handle the more dlllcult warproduction problems.

(v) Subject to the considerations stated Insubdivisions (1), (11), (Ii), and (iv). andalso subject to the provisions ot the Produc-tion Concentration Programs, which havebeen or may in the future be Instituted bythe War Production Board, uch contmctshall be placed so as to rprcad prcductlonamong as many firms as IL reasonable andfeasible.

(c) War procurement departments andagencies are hereby authorized and directedto pay higher prices than would otherwise berequired If such action Is stated In cubdL-visions (1) through (v), Inclusive. If all theconsiderations set forth In subdivisions (1)through (v) have been met and there Is still,need for selection among contract=r, con-tracts shall be so placed as to obtain the low-est price for the Government.

(d) Authority to depart from these poli-cies may, upon spcclflc request, be grantedby the Director of the Procurement PolicyDivision of the War Production Board, or bysuch person or persons as he may designatefor this purpose.

(d) Additional considerations. In ad-dition to the considerations set forth inparagraph (c) of this section, regardshould be paid to the following consider-ations in negotiating contracts:

(1) An effort should be made to have,for each item of supplies or equipment,a minimum of two producers so locatedas not to be subject to the same hazard.

(2) Whenever land-grant railroads orwater routes can be utilized for thetransportation of military supplies, re-quests for quotations should specify de-livery f. o. b. point of origin in preferenceto f. o. b. point of destination. This ap-plies to both carload and les-s-than-car-load shipments.

Paragraphs (d), (e) and (f) are re-designated as follows, the redesignatedparagraph (f) being amended:

(e) Authority to make awards. * * *(I) Applicability of labor statutes to

negotiated contracts. The Walsh-Healey Public Contracts Act, asamended, the Davis-Bacon Act, asamended, the Copeland "Kick-back" Act,as amended, and the Eight Hour Law, asamended, are applicable to contractsmade and performed under the authorityof Executive Order No. 9001 to the sameextent as If said contracts had been madeand performed under the provisions ofsection 3709, Revised Statutes.

(g) Commanders in theaters of opera-tions. * * *

PURcHss AcToIN r~Moars§ 8.206 General-(a) Statistics and

Progrecs Branch. Under General OrdersNo. 14, Headquarters, Services of Supply,dated June 12, 1942, the Statistics andProgress Branch, Control Division, Head-quarters, Services of Supply, was estab-lished., This branch is responsible forpreparation and submission of all pro-curement reports required by law to besubmitted by the War Department to thePresident and to the Congress, as well asto other Federal agencies authorized toreceive such reports. Effective July 1,1942, it will be the responsibility of everystation, except thoZe in theaters of oper-ations, to make reports of purchase- ac-tions as outlined in the succeeding para-graphs. The reports will cover all pur-chase actions for all types and kinds ofthings and services, supply contracts (in-cluding purchase actions for engineeringor architectural services, maintenance ofreal estate and procurement of abstractsof titles) and purchase actions for theacquisition and leasing of real estate;also purchase actions for constructionservices, contracts with Defense PlantCorporation and purchase actions forutilities.

(b) Reports required to be filed. Thereports required to be filed with theStatistics and Progress Branch, ControlDivision, Headquarters, Services of Sup-ply, are those specified in $ 81.207 (a),(c), (d) and § 81.208. All other initialreports of purchase actions are abolishedeffective July 1, I12- When supple-mentary data Is required for operatingpurposes of a service, the chief of thatservice may direct supplementary data tobe submitted to him.

(c) Service required to file reports.When reallocation or suballotment offunds is involved, the service to whichfunds are assigned is responsible formaking the reports required to be filedunder § 81.207 (a), (c), (d) and § 81.203.

(d) Signing of reports. Reports willbe signed by the officer in charge. Atprocurement stations on the exemptedlist, It will be the Commanding Officer; atposts, camps, or stations on the non-exempted list, It will be the supply officerIn charge of procurement covered by thereport.

(e) Procedure for forwarding reports.The reports will be forwarded by eachstation to the chief of Its respective serv-ice so as to be received, in the case ofreports filed under § 81.207 (a), (c) and

d) by the fifth calendar day followingthe purchase action (see § 81.202 (b)),or, In the case of monthly reports by the

9661


fifth calendar day following the close ofthe month. The chief of the service willforward the required copy to Command-ing General, Services of Supply, attentionControl Division, Statistics and ProgressBranch, to arrive by the eighth calendarday following the purchase action or themonth involved. They will be trans-mitted in duplicate (unless additionalcopies are directed by chief of the par-ticular service for stations or contract-Ing officers u n d e r his jurisdiction)-through the office of the chief of theparticular service. One copy will beretained by the office of the chief of theservice involved, and the original for-warded from said office to the Statisticsand Progress Branch as provided above.Chiefs of services will be responsible forcomplete, accurate and proper submis-sion of reports from stations under theirrespective jurisdictions. Stations on theexempted list will report through thechief of the respective services: Con-tracting officers at posts, camps 8r sta-tions not on the exempted list will sub-mit for their particular stations reportsof their actions through the Chiefs oftheir respective Service Commands,Services of Supply, regardless of the Sup-ply Service indication incorporated aspart of the contract number on the pur-chase action report. In such cases whereone contracting officer at an exemptedstation has been appointed contractingofficer by more than one service, even atposts, camps and stations, separatereports (both monthly and individualpurchase action), will be submitted foreach service individually. The channelsthrough which both individual purchaseaction and monthly summary reports willbe submitted is determined by the sta-tion and the higher echelon to which thereallocation or suballotment (u n d e rwhich the purchase action was under-taken) had been made. The respectiveSupply Services will render advice tothese stations as directed by AR 170-10.1

(f) Reports not to be duplicated.When a "final type" contract is executedcovering a previously reported purchaseaction, no additional purchase actionreport will be filed. Likewise, a pur-chase order is to be reported only whenit is the original purchase action on theitem in question; and a purchase order isnot to be reported when it is an orderplaced against an existing transactionpreviously reported as a purchase action.

(g) Matters not to be reported. Payof individuals, shipping and travel ex-penses, etc., are not to be included in thereports required to be filed under § 81.207(a), (c), (d) and § 81.208. The itemsinvolved in this category are stated inWar Department Circular No. 206, 1942.Pay of individuals included in archi-tectural, engineering, professional, ad-ministrative or management serviceswill not be reported separately, but willbe included in the estimated value of theservice performed.

§ 81.207, Reports of purchase actionsexceeding $10,000. (a) A report of

'Administrative regulations of the WarDepartment relating to the administration ofService Commands 'and Departments.

every original purchase action which ex-ceeds $10,000 (actual or estimated) inamount will be made on an 8" x 101/"sheet and forwarded through the officesof the chiefs of the various -services inaccordance with the time schedule (thefifth calendar day following the purchaseaction) and procedure stated in § 81.206(e). Notwithstanding the provisions ofthe note under § 81.201, reports made onand after November 1, 1942, should bemade on the following form:

WAR DEPARTMENT

------------------ (Station) Date ......------------------ (Address)

(3) ------------- (Station No.)Reported through (2) ..................

SUBJECT: PURCHASE ACTION REPORT OF CONTRACT_W EXCESS OF $10,000

(1) Purchase Action Report Serial No .....Supply Date of

Station service Number award(6) Contract ------------------------------(4) Contractor ...........................

Address--------------------------(5) Work Performed at Plant

(N am e) .............................(Location) .............-.........

(7) Type of Purchase Action............(8) Delivery Date: To Start

To be Completed ......(9,11)Total cost

Description No. of Unit (if estimated,of item units cost so indicate)

..........................................

(10) Preference Rating- ..... IndentificationSym bol ----------------------------

12) If Escalator Clause is included in Con-tract, state whether 'such clause isfor Labor, Materials, or both --------

(13) The minimum wage determination ofSecretary of Labor which was madepart of this Contract is

If the estimated initial value of the contractis in excess of $150,000 the following informa-tion must also be submitted:(14) (a) Negotiators for Government ------

(b) Negotiators for Contractor -------

.(c) Reasons for selecting Contractor(if no competition was obtained)

(d) Name of Person approving specifica-tion (where Pederal, Army, Supply Service,Navy, or other bureau specification is used,a statement to that effect is sufficient) ------

------------------------------------------

(e) In reporting purchases of land, the fol-lowing information must be submitted:

(1) Location ---------------------------(2) Area(3) Intended Use -------- Z --------------(4) Price(5) Assessed Value--

(Signature)(Name)(Rank)

Copy distribution:2-Chief, Supply Service1-C. G. SOS, Statistics and Progress Branch1-Your Pile.

(b) Explanation of report form forpurchase actions exceeding $10,000. Thefollowing notes apply to the report formset forth in paragraph (a) of this section.

It will be noted that the report form con-tains cross references to these notes,

(1) Each station will begin with serialNo. 1 for the new fiscal year and continuein exact sequence (based on the date ofaward as established in subparagraph(8) of this paragraph) to the end of thefiscal year. Purchase action reportsmade in the new fiscal year for awardsmade in the previous fiscal year shouldhave a serial number in the series of theprevious fiscal year.

(2) Under the heading "ReportedThrough", the command or servicethrough which the-report is made shouldbe indicated. Only one command orservice should be shown.

(3) Include, name of station, locationand station number.

(4) Name and address of contractor.If more than one, list each one as a splitaward on separate purchase action re-ports.

(5) Name and location of establish-ment or plant or location where workwill be performed. If more than one, listeach one. If this is same as contractor,so indicate.

(6) Under the headings "Station","Supply Service" and "Number" Indicatethe contract (purchase action) numberin accordance with the system specifiedin § 81.305 (b) of these procurementregulations. When purchase orders arerequired to be reported (see § 81.200 (f)),the number thereof will be shown underthis item of the form.

The date shown will be the date of theoriginal formal agreement as establishedby the transmittal of the document fromthe contracting officer to the contractor,which is the date of award and not neces-sarily the date of agreement.

(7) Indicate whether lump sum, unitprice, cost-plus-a-fixed-fee, etc.

(8) For construction, this means workto begin, etc. For real estate, this meansdate of possession. The starting datemay be the same as the completion date;and the starting date or both the startingdate and completion date may be thesame as the date of award. Wheredates are dependent upon receipt of ma-terial estimated dates are permissiblebut will be so indicated.

(9) Complete description of product,service, facilities, pr6ject or property,Long lists of Items attached to PurchaseAction Reports are not required for cen-tralized reporting unless specifically di-rected by the chief of the seyvice re-sponsible for procurement of the itemInvolved. Where assorted Items of likenature are reported, indicate groupheadings such as: various engine parts,various knit clothing, etc. If Item orservice is classified state description butso label whole report, and transmit ac-cording to regulations covering classifiedinformation.

(10) For the preference rating, theW.P.B. priority rating (AAA, AA-1,A-i-a, etc.) will be shown. For theidentification symbol, the appropriateallocation classification symbol (as es-tablished by W.P.B, in Priority Regula-tion No. 10, issued June 1, 1942, andknown as the "end use code"), should forthe time being be used. These are re-

9662


corded as U.S-.A 6.20. U.S.A. 11.30. IL1.00, etc. Use the LL symbol for LendLease or International Aid. It is antici-pated that some time in the future, thisnote will be amended to require the useof the Federal Standard Stock Catalognumber instead of the allocation classi-fication symbol.

(11) Number of units, unit cost andtotal cost, If cost is estimated, write"estimated" after amount. For pur-chase actions involving architect-engi-neer or similar services only indicate asthe total cost the amount payable to theindividual contractor and chargeableagainst a War Department appropria-tion. This applies primarily to cost-plus-a-fixed-fee contracts. In caseswhere a varied group of items are shownin the description section of the reportand not detailed, indicate the variousunit prices in the same manner. Indi-cate this assortment either as a pricerange, i. e. $4.37 to $4.69 ea., or show theword "various" for a wide range of unitprices such as on tools. In all cases atotal cost (actual or estimated) will beshown. This includes purchase actionsfor utilities or other "open-end" con-tracts.

(12) State when an escalator clauseis included in the contract and whethersuch clause is for labor, materials orboth.

(13) The minimum wage determina-tion of the Secretary of Labor which wasmade part of this purchase action willbe shown.

(14) Where total, value of purchaseaction is in excess of $150,000.00 addi-tional data is required as shown on form.(paragraph (a) of this section)

(c) Reports of increased purchase ac-tions not originally reported. When apurchase action, which originally was notreported because it involved a total costof not more than $10,000, is increased toan amount in excess of $10,000, a pur-chase action report will be made on theform set forth in paragraph (a) of thissection, showing the purchase action, asincreased, with a notation that the orig-inal purchase action did not exceed$10,000. Seesubparagraph (8) of § 81.208(b) for method of treating such purchasea9tions in monthly summary reports.

(d) Supplemental reports. If a pur-chase action report has been submittedunder either paragraph (af or paragraph(c) of this section, and subsequentlythere isa change affecting the quantityor value of the original report, a sup-blemental report will be submitted. Sucha supplemental report (clearly marked"Supplemental report") will be for-warded for each such change. The re-port will be submitted in accordancewith the time schedule (5 calendar daysafter the purchase action) and pro-cedure stated in § 81.206 (e) and will bemade on the form specified in paragraph(a) of this section, except that the head-ing "Total cost" contained in the formwill be changed to read, "Net change".The supplemental report will contain thesame serial number as the original re-port followed by a letter of the alphabetin parentheses, the first change beingfollowed by the letter "a" in parentheses

No. 230---3

(a); the second change by the letter "b"in parentheses (b), and co on. It Is to benoted that this letter will suffix the serialnumber and not the station number. Thereport will be on the basis of the net in-crease or decrease (state which) and suchnet Increase or decrease will be shown andnot the revised total cost of the purchaseaction. A different color paper (blue),will be used for reporting such changesIn order to differentiate supplemental re-ports from original reports. Cancella-tions will be treated as changes for thepurposes of supplemental reports, theestimated amount cancelled being shownas a decrease.

§ 81.208 Monthly summary o1 pur-chase actions. (a) A summary of all pur-chase actions will be rendered for eachcalendar month as of the last day thereofand submitted on an 8" x 10,Y ' sheetthrough the offices of the chiefs of 1hevarious services in accordance with thetime schedule (5 calendar days after theclose of the month) and procedure statedin § 81.206 (e) (on the basis of net obli-gations undertaken during the monthand not appropriations authorized). Thefollowing form should be used for all re-ports filed subsequent to December 1,1942, including the report for the monthof November:

MONTHLY Sn-. n= or PUMH&SC Acno:.s(1) Reported through .......(2) Month of ------ , 19.-- ._(3) Office (Including Station number) and

location.(4) Amount of negotiated purchzue

actionsr-a. $10,000 and le-r-awardcd this

month -----------. 0- ----$10,000 and loear-

changes this month- 0.....$10,000 and les--TotaL._.... $ .....

b. In excess of $10,000--awarded this month. -.....

In excess of $10.00-changes this month- $....

In exce:s of $10.000-Total.-- ---..-Includes purchane action Erlnal

number to(5) Amount of all other

purchn es awsrdcdthis month--.....-- ...Amount of all other

purchazes - changesthis o t _ .. . . .Amount of all other purchaes-Total ....................--- .. . .

(6) Total amount of purchases made(Sum of Total entrIes 4 and 5) 0_.._

(7) Number of purchases made.(Original Purchae ActionReports. as submittcd, only)

a. Negotiated 010,000 and Iczs...b. Negottated In excezz of 010,000--c. All other_ --........- .....d. Total ---------- ........----- . .

(Signature)

(Ranlh)(b) Explanation of monthly report

form. The following comments are ap-plicable to the report form set forth Inparagraph (a) of this section:

(1) In item (1) of the form thereshould be shown the command or servicethrough which the report Is submitted.

(2) Care should be taken not to in-clude figures for the same purchaseaction in more than one monthly report.

(3) The definition of negotiated pr-chases contained in § 81.202 (a) shouldbe used In answering item (4) of theform.

(4) The net increase or decrease inthe amount of purchase actions result-ing from changes occurring in any givenmonth are to be reported under "a"and "b" of item (4) of the form. See§ 81.207 d) for method of treating can-cellations.

(5) The net value of all changes orsupplements is to be shown as one figurewithin its proper group (that is, under"a" of Item (4) if $10,000 or less; under"b" of Item (4) if in excess of $10,000;and under item (5) if other than a nego-tiated purchase action). This will bedone regardless of the month in whichthe original purchase action was re-ported.

(6) Only original purchase actions areto be shown in the number of purchasesmade under item (7). At no time willchanges or supplements be included inthe number of purchases reported underItem (7).

(7) Under item (5) of the form willbe included purchases made under thegeneral schedule of supplies, purchasenotice agreements, contract bulletins,and purchases under all contracts en-tered into by a Purchasing Officer otherthan the office making the report (re-gardless of whether the other purchas-ing office entered into the contract bynegotiation or otherwise).

(8) The revised net amount of all pur-chase actions which have been supple-mented to exceed $10,000 and for whichreports have been accordingly, filedunder § 81.207 (c) will be included inthe first figure under (4) b of the form.trhe amounts shown under (4) a of theforms filed in previous months in respectto such purchase actions will be shownas a decrease in the second figure under(4) a of the form filed for the month inwhich the change occurred. Thus abalance can be mantained

(9) Under (4) b indicate the openingpurchase actions used to arrive at thsfitst amount shown in (4) b.

(c) In cases where no activity is shownfor a particular month by a station, neg-ative or null reports will be submitted bythe stations to their respective higherechelon, but no report need be forwardedfor such action from the Chief of Sarv-Ice to the Commanding General, Servicesof Supply, attention Control Division,Statistics and Progress Branch. Wherea station has bben terminated a reportwill be submitted indicating that suchreport is final.

§ 81.324 Termination for conrenfenreof the Government. The following ref-erence is added at the end of paragraphs(a) and (b) as published In the FE.AsLRsoxsn October 13, 1942:

(a) 0 * 0(See paragraph (c) of this section.)(b) * 0 *(See paragraph (C) of this section.)(c) On rare occasions, in connection

with an Initial contract with a contrac-tor for a particular product or type ofconstruction, Involving a long period ofpreparation for the performance of the

9663

9664 FEDERAL REGISTER, Tuesday, November

contract or unusually large developmentand planning costs, unusual circum-stances may give rise to the request thatthe contractor be given special protec-tion against loss through termination forthe convenience of the Government atan early stage of the performance of thecontract. In such cases, a full statementof the facts and a draft of any specialcontract provisions recommended will besubmitted through the Chief of the Sup-ply Service negotiating the contract, tothe Director, Purchases Division, Head-quarters, Services -of Supply, for ap-proval.

§ 81.342 Renegotiation of price clause.The following price renegotiation clauseswill be used in accordance wit'. Procure-ment Regulation No. 12 (§ 81.1201 etseq.) :

(a) [Form I Renegotiation pursuantto section 403 of the Sixth SupplementalNational Defense Appropriation Act,1942, as amended. • (1) Upon the writtendemand of the Secretary, at such periodor periods when, in the judgment of theSecretary, the profits accruing to thecontractor under this contract can bedetermined with reasonable certainty,the contract price will be renegotiatedto eliminate therefrom any amountfound as a result of such renegotiationto represent excessive profits. The de-mand of the Secretary shall fix a placefor renegotiation and a time for com-mencement thereof not later than oneyear after the close of the fiscal year ofthe contractor within which completionor termination of the contract, as de-termined by the Secretary, occurs.

(2) The contractor will furnish to theSecretary such statements of actualcosts of production and such other finan-cial statements, at such times and insuch form and detail, as the Secretarymay prescribe, and will permit suchaudits and inspections of its books andrecords as the Secretary may request.

(3) The Government shall retainfrom amounts otherwise due the con-tractor, or the contractor shall repay tothe Government if paid to him, anyamount of the contract price found asa result of such renegotiation to repre-sent excessive profits and not eliminatedthrough reductions in contract price orotherwise, as the Secretary may direct.

(4) The contractor will include ineach subcontract made by it under thiscontract for an amount in excess of$100,000, the following provisions:

AnrTCX z-------------enegotiation Pur-suant to Section 403 of the Sixth Supple-mental National Defense Apropriation Act,1942, as amended.

(1) Upon the written demand of the Secre-tary, at such period or periods when, in theJudgment of the Secretary, the profits ac-cruing to ------------------- under this

(subcontractor)contract can be determined and reasonablecertainty, the Secretary and

(subcontractor)will renegotiate the contract price to elimi-nate therefrom any amount found as a re-sult of such renegotiation to representexcessive profits. The demand of the I Sec-retary shall fix a place for renegotiation anda time for the commencement thereof notlater than one year after the close of the

fiscal year of the subcontractor within whichcompletion or termination of the contract, asdetermined by the Secretary, occurs.,

(2) ------------------- will furnish tothe Secretary such statements of actualcosts of production and such other financialstatements, at such times and in such formand detail, as the Secretary may prescribe,and will permit such audits and inspectionsof its books and records as the Secretarymay request.

'(3) Any amount of the contract pricefound as'a result of such renegotiation torepresent excessive profits shall, as directedby the Secretary,

(A) Be deducted by -------------------(contractor)

from payments otherwise due to---------(subcon-

, under this'contract; ortractor)

(B) Be paid by ------------------ dl-(subcontractor)

rectly to the Government, if paid to him;or

(C) Be eliminated through reductions inthe contract price or otherwise.

(4) ------------------ agrees that ----(subcontractor)

-------------------- shall not be liable to(contractor)

---------------------- for or on account of(subcontractor)

any amount paid to the Government by------- -or deducted by

(subcontractor)-from payments other-

(contractor)wise due under this contract, pursuant todirections from the Secretary in accordancewith the provisions of this Article. Under itscontract with the Government,..........

, (contractor)Is obligated to pay or credit to the Govern-ment all amounts withheld by it from ------

(sub--------------------- hereunder.contractor)(5) ------------- agrees.(a) upon

(subcontractor)direction of the Secretary, to include in anysubcontract hereunder sections (1) to (6)inclusive of this Article, and (b) to make nosubdivisions of any contract or subcontractfor the purpose of evading the provisions ofthis section, and (c) to repay to the Gov-ernment the amount of any reduction in thecontract price of any such subcontract whichresults from renegotiation thereof by theSecretary, and which the Secretary directs

------------- to withold from(subcontractor)

payments otherwise due Under such sub-contract and actually unpaid at the time

------------------ receives such direction.(subcontractor)(6) As used in this Article.(a) The term "Secretary" means the Secre-

tary of War or any duly authorized repre-sentative of the Secretary- including theContracting Officer.

-(b) The term "subcontract" means anypurchase order or agreement to perform allor any part of the work, or to make or fur-nish any material, part, assembly, machinery,equipment or other personal property, re-quired for the performance of this contract,unless exempt under or exempted pursuantto Section 403 (1) of the Sixth SupplementalNational Defense Appropriation Act of 1942as amended by Section 801 of the RevenueAct of 1942.

(c) The terms "renegotiate" and "renego-tiation" have the same meaning as in sec-tion 403 (b) of the Sixth Supplemental Na-tional Defense Appropriation Act, 1942, asamended.

(d) The term "this contract" means thiscontract as modified from time to time.

24, 1942

(5) (i) The contractor agrees to makeno subdivisions of any contract or sub-contract for the purpose of evading theprovisions of this article.

(ii) If any renegotiation between theSecretary and any subcontractor pursu-ant to the provisions required by para-graph (d) hereof results in a reductionof the contract price of the subcontract,the Government shall retain from pay-ments otherwise due to the contractor,or the contractor shall repay to the Gov-ernment, as the Secretary may direct,the amount of such reduction which theSecretary directs the contractor to with-hold from payments otherwise due tothe subcontractor under the subcontractand actually unpaid at the time the con-tractor receives such direction.

(6) As used in this article:(1) The term "Secretary" means the

Secretary of War or any duly authorizedrepresentative of the Secretary, includ-ing the Contracting Officer.

(if) The term "subcontract" means anypurchase order or agreement to performall or any part of the work, or to makeor furnish any material, part, assembly,machinery, equipment or other personalproperty, required for the performanceof this contract, unless exempt under orexempted pursuant to section 403 (1) ofthe Sixth Supplemental National De-fense Appropriation Act of 1942 asamended by section 801 of the RevenueAct of 1942.

'(iii) The terms "renegotiate" and "re-negotiation" have the same meaning asin section 403 (b) of the Sixth Supple-mental National Defense AppropriationAct, 1942, as amended.

(iv) The term "this contract" meansthis contract as modified from time totime.

(b) [Form III Renegotiation pursuantto section 403 of the Sixth SupplementalNational Defense Appropriation Act asamended, 1942. (1) The contractor Willinclude In each subcontract made by Itunder this contract for an amount In ex-cess of $100,000, the following provisions:

A nrcE 2------------Benegotiation Pur-suant to Section 403 of he Sixth Supple-mental National Defense Appropriation Act,1942, as amended.

(1) Upon the written demand of the Secre-ta'y, at such, period or periods when, In theJudgment of the Secretary, the profits ac-cruing to -------------------- under this

(subcontractor)contract can be determined with reasonablecertainty, the Secretary and ----------------

(subcontractor)will renegotiate the contract price to elim-inate therefrom any amount found as aresult of such renegotiation to represent ex-cessive profits. The demand of the Secre-tary shall fix a place for renegotiation and atime for the commencement thereof not laterthan one year after the close of the fiscalyear of the subcontractor within which com-pletion or termination of the contract, asdetermined by the Secretary, occurs.

(2) ------------------- will furnish to(subcontractor)

the Secretary such statements of actual costsof production and such other financial state-ments, at such times and in such form anddetail, as the Secretary may prescribe, antiwill permit such audits and inspections of


its books and records as the Secretary mayrequest.

(3) Any amount of the contract pricefound as a result of such renegotiation torepresent excessive profits shall, as directedby the Secretary,

(A) Be deducted by -------------- from(contractor)

payments otherwise due to ---------------(subcontractor),

under this contract; or(B) Be paid by ---------------- directly

(subcontractor)to the Government, if paid to him; or

(C) Be eliminated through reductions inthe contract price or otherwise.

(4) --------------------- agreees that(subcontractor)

-----.........----- shall not be liable to(contractor)

-------- for or on account qf(subcontractor) -

any amount paid to the Government by..... or deducted by .--- -- - ---

(subcontractor) (contractor)from payments otherwise due under this con-tract, pursuant to directions from the Secre-tary in accordance with the provisions ofthis Article. Under its contract with theGovernment ... --- -- i- - obligated

(contractor)to pay or credit to the Government allamounts withheld by it from -----------

(subcontractor)hereunder.

(5) ----- ----------- agrees (a) upon(subcontractor)

direction of the Secretary, to include In anysubcontract hereunder section (1) to (6)Inclusive of this Article, and (b) to make nosubdivisions of any contract or subcontractfor the purpose of evading the provisions ofthis section, and (c) to repay to the Govern-ment the amount of any reduction In thecontract price of any such subcontractwhich results from renegotiation thereof bythe Secretary, and which the Secretarydirects --- ------------------ to withhold

(subcontractor)from payments otherwise due under suchsubcontract and actually unpaid at the time--------------------- receives such direction.

(subcontractor)(6) As used in this Article,(a) The term "Secretary" means the Sec-

retary of War or any duly autliorized repre-sentative of the Secretary, Including theCoftracting officer.

(b) The term "subcontract" means anypurchase order or agreement to perform all orany part of the work, or to make or furnishany material, part, assembly, machinery,equipment or other personal property, re-quired for t performance of this contract,unless exempt under or exempted pursuantto section 403 (i) of the Sixth SupplementalNational Defense Appropriation Act of 1942as amended by section 801 of the RevenueAct of 1942.

(c) The terms "renegotiate" and "renegoti-ation" have the same meaning as in section403 .(b) of the Sixth Supplemental NationalDefense Appropriation Act, 1942, as amended.

(d) The term "this contract" means thiscontract as modified from time to time.

(2) (1) The contractor agrees to makeno subdivision of any contract or subcon-tract for the purpose of evading the pro-visions of this article.

(ii) If any renegotiation between theSecretary and any subcontractor pur-suant to the provisions required by sec-tion (a) hereof results in a reduction ofthe contract price of the subcontract, theGovernment shall retain from paymentsotherwise due to the contractor, or thecontractor shall repay to the Govern-ment, as the Secretary may direct, the

amount of such reduction which theSecretary directs the contractor to with-hold from payments otherwise due to thesubcontractor under the subcontract andatcually unpaid at the time the contrac-tor receives such direction.

(3) As used in this article:(i) The term "Secretary" means the

Secretary of War or any duly authorizedrepresentative of the Secretary, includ-ing the Contracting Officer.

(ii) The term "subcontract" means anypurchase order or agreement to performall or any part of the work, or to make orfurnish any material, part, assembly,machinery, equipment or other personalproperty, required for the performanceof this contract, unless exempt under orexempted pursuant to section 403 () ofthe Sixth Supplemental National DefenseAppropriation Act of 1942 as amended bysection 801 of the Revenue Act of 1942.

(ill) The terms "renegotiate" and "re-negotiation" have the same meaning asin section 403 of the Sixth SupplementalNational Defense Appropriation Act,1942, as amended.

(iv) The term "this contract" meansthis contract as modified from time totime.

§ 81.905 Applicability of right hourlaw. * * *

(f) Qualification of exceptions. Theexceptions contained in paragraphs (a)to (e) of this section (but not the excep-tion for Walsh-Healey contracts) aresubject to the qualification contained inthe Act that the basic law shall apply to"all classes of work which have been,are now, or may hereafter be performedby the Government * *. Themeaning of this qualification is not clear.Under one literal interpretation, It wouldnullify the exceptions (See 29 Op. A.G.505 (1912)). The preferable construc-tion is that the exceptions apply on agiven date unless the work is of a classwhich has been or is then being per-formed by the Government.

VWAGE AID SJUARY STIABILZATIOIT

§ 81.968 General orders. From timeto time the National War Labor Boardissue.& general orders establishing pro-cedures and regulations for the admin-istration and interpretations of Execu-.tive Order No. 9250 as well as interpre-tations of such general orders. The fulltext of such general orders and inter-pretations is set forth in the succeedingparagraphs of this procurement regula-tion.

§ 81.969 General Order No. 1. Allincreases in wage rates which have beendirected by the War Labor Board priorto October 3,1942, shall be put into effectin accordance with the terms of the dl-rective order in each particular case.

§ 81.970 General Order No. 2. Theprocedures in the National War LaborBoard for the adjustment of labor dis-putes affecting wages established underExecutive Order No. 9017, dated January12, 1942, shall remain In full force andoperation, and in all present or futurecases in which the Jurisdiction of theBoard has attached or shall attach bycertification or otherwise, the partiesshall be deemed to have given notice

0

within the terms of Title II, section 1,of Executive Order No. 9250, dated Ozto-bar 3, 1942.

§ 81.971 General Order No. 3. (a) TheNational War Labor Board hereby ap-proves all increases in wage rates whichwere put Into effect on or before Octo-ber 3, 1942, Provided, however, That theBoard reserves the power under the pro-visions of Title r. section 3 of the Execu-tive Order to disapprove any such wagerate which It may find to be Inconsistentwith the policy enunciated in the saidExecutive Order or hereafter formulatedby the Economic Stabilization Directorand in case of such disapproval to orderthe discontinuance of further paymentof such wages.

(b) Intepretaion No. I of GeneralOrder No. 3. In General Order No. 3the words "Increases in wage rates whichwere put into effect on or before October3" include Increases in wage rates whichby written agreement entered into on orbefore October 3, 1942, or by the formalaction communicated to the employeeson or before October 3, 1942, notwith-standing such increases were first re-flected in a payroll subsequent to October3, 1942.

(c) Interpretation No. 2 of GeneralOrder No. 3. Any change in wage rates,regardless of its effective date, which re-sults from the award or decision of anarbitrator or, referee made after Octo-ber 3, 1942, is subject to the provisionsof Executive Order No. 9250, dated Oc-tober 3. 1942, notwithstanding the agree-ment or order for arbitration or refer-ence was made on or before October 3,1942.

d) Interpretation No. 3 of General-Order No. 3. Unless otjierzise expresslyexempted, any change in wage rates pro-vided for in any existing agreement totake effect at some future date or on thehappening of some future event, is sub-Ject to the provisions of Executive OrderNo. 9250, dated October 3, 1942, regard-less of when the agreement was made.

§ 81.972 General Order No. 4. (a)Wage adjustments made by employerswho employ not more than eight (8)individuals are exempted from the pro-visions of the Executive Order No. 9250of October 3, 1942..

(b) Interpretation No. I of GeneralOrder No. 4. The exemption granted byGeneral Order No. 4 to employers whoemploy not more than eight individualsdoes not apply to employers who own oroperate more than one plant or unitwhere the aggregate of employees in suchplants or units exceeds eight.(c) Interpretation No. 2 of General

Order No. 4. The exemption providedfor by General Order No. 4 shall notapply to employers whose employees'wages, hours or working conditions havebeen established or negotiated on an in-dustry, association, area or other similarbasis, whether by master contract or byseparate but similar or identical con-tracts.

§ 81.973 General Order No. 5. (a)Wage adjustments may be made in therates of individual employees, withoutapproval of the National War LaborBoard, if they are incident to the appli-

9665


cation of the terms of an establishedwage agreement or to established wagerate schedules covering the work assign-ments of employees and are made as aresult of:

(1) Individual promotions or reclassi-fications.

(2) Individual merit increases withinestablished rate ranges.

(3) Operation of an established planof wage increases based upon length ofservice.

(4) Increased productivity u n d e'rpiece-work or incentive plans.

(5) Operation of an -pprentice ortrainee system.

The Board further finds that adjust-ments of wages made under this ordershould not result in any substantial in-crease of the level of costs and shall notfurnish, a basis either to increase priceceilings of the commodity or service in-volved or to resist otherwise justifiablereductions In such price ceilings.

(b) Interpretation No. 1 of GeneralOrder No. 5. The fixing of a piece-ratewhich was theretofore set only tenta-tively for trial purposes, and the reset-ting of a piece-rate which was found tohave been set in the first instance so asto yield less than the regularly estab-lished 'or normal amount prevailing inthe plant for that type of job, are each"wage adjustments ...incident to theapplication of the terms of an -estab-lished wage agreement or to establishedwage rate schedules" within the meaningof General Order No. 5, and may there-fore be made without approval of theNational War Labor Board.

§ 81.974 General Order No. 6. (a) Thehiring of an individual at a wagg rateIn excess of the rate previously estab-lished in the plant for employees ofsimilar skill and productive ability with-"in the classification in tvhich the indi-vidual Is employed is a "wage increase"within the meaning of Executive OrderNo. 9250.

(b) If a wage rate for a job classifica-tion ha. not theretofore been establishedby the employer for the plant involved,the rate shall be fixed at a level not ex-ceeding that which prevails for similarclassifications within the area, unless ahigher rate Is approved by the NationalWar Labor Board.

REQUISITIONING OF PERSONAL PROPERTY

GENERAL

§ 81.1401 Authority to requisition.Authority to requisition personal prop-erty is conferred under (1) the Act ofOctober 10, 1940 (54 Stat. 1090) asamended by the Act of July 2, 1942. (Pub.Law 643, 77th Congress, 2nd Session),(2) the Act of October 16, 1941 (55 Stat.742) as amended by the Act of March27, 1942 (Pub. Law 507, 77th Congress,2nd Session) and (3) Executive OrderNo. 8942, dated November 19, 1941 (6F.R. -5909) as amended by ExecutiveOrder No. 9138, April 17, 1942 (7 P.R.2919). The procedure outlined in thisprocurement regulation is confined toauthority exercised pursuant to theabove statutes and executive orders anddoes not apply to other forms of requi-sitioning or commandeering which may

be available to officers in theaters ofoperations.

§ 81.1402 Definitions-(a) Property.The term "property", as used in this pro-curement regulation includes all itemswhich may be or have been requisitionedunder the authorities referred to under§ 81.1401 (see § 81.1403).

(b) Requisition officer. The t e r m"requisition officer", as used in this pro-curement regulation, means any con-tracting officer, as defined in Procure-ment Regulation No. 3, (§§ 81.301-81.360)or any commanding officer of servicecommands, armies, arsenals, depots,posts, fields and camps.

(c) Requisition. The term "reqtiisi-tion", as used in this procurement reg-ulation, refers to a document consistingof two parts (part I "proposal to requi-sition" and part 2 "requisition order")as set forth in § 81.1417 below.(d) Notice of requisition. The term

"notice of requisition", as used in thispr6- rement regulation, refers to theform set forth in § 81.1418 below.(e) Serving Officer. The term "serv-

ing officer", as used in this procurementregulation, refers to an officer, agent, oremployee of the United States at or nearthe location of the property to be requi-sitioned, designated by the requisitionofficer as'the proper person to make per-sonal service of the requisition and of thenotice of requisition.

(f) Report concerning value, condi-tion and use of requisitioned property.The term "report concerning value, con-dition, and use of requisitioned property",as used in this procurement regulation,refers to a written statement in the formprescribed by § 81.1419 below.ACQUISITION OF PROPERTY BY REQUISITION

§ 81.1403 Selection of proposal forms.(a) When a requisition is initated underthe Act of October 10, 1940, as amended,the requisition officer will first determinethat:

(1) The property should be taken overfor the use or operation by the UnitedStates or in its interest;

(2) The property is military or navalequipment or munitions, or componentparts thereof, or machinery, tools or ma-terials or supplies necessary for the man-ufacturing, servicing or operation there-of; and

(3) The property was ordered, manu-factured, procured or possessed for exportpurposes, and that the exportationthereof has been prohibited or curtailedIn accordance with the Act of July 2,1940. (Pub. Law 703, 76th Congress; 54Stat. 714)

(b) When a requisition is initiatedunder the Act of October 16, 1941, asamended, the requisition officer will firstdetermine that:

(1) The use of the property is neededfor the defense of the United States;

(2) Such need is immediate and im-pending and such that will not admit ofdelay or resort to any other source ofsupply;

(3) All other means of obtaining useof such property for the defense of theUnited States upon fair and reasonableterms have been exhausted;

(4) The property is military or navalequipment, supplies or munitions, orcomponent parts thereof, or machinery,tools, or materials necessary for themanufacture, servicing, or operation ofsuch equipment, supplies or munitions;and

(5) The property to be requisitionedis not a firearm possessed by an Individ-ual for his personal protection or sport,possession of which Is not prohibited byexisting law. •

§ 81.1404 Duties of the requisitionofficer. Having satisfied himself as to thoexistence of the above-mentioned con-ditions, the requisition officer will exe-cute the appropriate form of proposaland will forward the proposal and onacopy thereof to the chief of the supplyservice concerned and five copies thereofdirect to the Legal Branch, PurchasesDivision, Headquarters, Services ofSupply.

§ 81.1405 Duties of the Legal Branch,Purchases Division, Headquarters, Serv-ice of Supply. The Legal Branch will ac-complish all clearances and obtain therecommendation of the chief of thesupply service concerned. After allnecessary clearances and signatures areobtained, the Legal Branch will promptlytransmit the requisition directly to theserving officer.

§ 81.1406 Duties of the serving officer.(a) .The serving officer will personallyserve the requisition upon the possessoror custodian of the property, but will notleave the requisition with such possessoror custodian of the property. He willalso serve a notice of requisition uponthe possessor or custodian of the prop-erty leaving the same In the possessionof such possessor or custodian to serveas a receipt for the property. He willalso serve a notice of requisition uponany persons known or believed to have, orto assert, a claim or Interest In theproperty. In the event that it shall beimpossible to accomplish personal serviceof a notice of requisition upon any personor persons believed to have, or to assert,a, claim In the property, service of anotice of requisition will be made uponsuch persons or persons by the servingofficer by registered letter mail, returnreceipt requested, at the last known ad-dress of such persons entitled to notice.

(b) Promptly upon serving the req-uisition upon the possessor or custodianof the prbperty, the serving officer maytake the property and the possessionthereof for the purposes specified In therequisition and will promptly execute theReceipt for the property and the Return.The requisition Itself will then be re-turned by the serving officer to the requi-sitioning officer together with a reportof any service made pursuant to § 81,1406(a) above and a report concerning value,condition, and use of requisitioned prop-erty in the form prescribed by § 81.1419below. Simultaneously therewith copiesof the Instruments referred to will betransmitted to the chief of the supplyservice concerned, and a copy of the req-uisition showing the receipt and thereturn as executed will be transmitted tothe Legal Branch, Purchases Division,Headquarters, Services of Supply.

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§ 81.1407 Proof of claim; disclaimer.The requisitioning office vill immedi-ately, after return of service, upon re--ceiving the report from the servingofficer distribute a form of disclaimer ora form of proof of claim, accompaniedby appropriate form of verification (in-dividual, corporate, or foreign govern-ment as the case may be), together withpower of attorney, if necessary, to everyperson known or believed to assert anyclaim or interest in the property, to-gether with instructions for the prep-aration of the proposal and submissionof the proof of claim or disclaimer, asthe case may be. The requisitioningoffice will furnish the chief of the supplyservice concerned and Legal Branch,Purchases Division, Headquarters, Serv-ices of Supply, with two copies of eachproof of claim or disclaimer with the at-tached verification and power of at-torney. The required forms of proof ofclaim, verifications, power of attorney,disclaimer, and accompanying instruc-tions are set forth in §§ 81.1420-81.1424below. -

DETER IINATION AND PAYIMENT OF FAIR ANDJUST COMIPENSATION FOR PROPERTY REQUI-SITIONED

§ 81.1408 Dejlnitions-(a) Certificateof fair and just compensation. Theterm "certificate of fair and just com-pensation", as used in this procurementregulation, refers to a written statementin the form prescribed by § 81.1425 below.

(b) Acceptance of award and release.The term "acceptance -f award and re-lease", hs used in this procurement reg-ulation, refers to a written statement inthe form prescribed by § 81.1426 below.(c) Stipulation as to amount of fair

and just compensation. The term"stipulation as to amount of fair andjust compensation", as used in this pro-curement regulation, refers to 4 writtenstatement in the form prescribed by§ 81.1427 below.I (d) Disbursing officer. The term"dis-bursing officer", as used in this procure-ment regulation, refers to the officer whohas been designated to make paymentsfor the property in the Proposal toRequisition (Part I of form set forth in§ 81.1417.)(e) -Award where owner is alien enemy

or national of a state or territory oc-cupied by enemy. Where an owner ofthe requisitioned property is an alienenemy or a national of a state or terri-tory occupied by the enemy, award willbe made in the manner prescribed inthis section MI, §§ 81.1108-81.1416) ex-cept that the payment shall be madeinto a blocked account for the benefitof such alien enemy or national of astate or territory occupied by the enemy.INITIAL "PROCEDURE IN DETERLIINING THE

AMOUNT OF COMPENSATION

§ 81.1410 Preliminary determination.(a) Promptly after the requisitioning ofthe property and, after consultation withall available persons claiming an in-terest therein, the requisition officer willmake the preliminary determination ofthe fair and just compensation to bepaid for such property. The requisitionofficer will determine the place of con-

sultatlon giving due regard to the placeof residence or whereabout of theclaimants.

(b) In making the preliminary deter-mination of compensation the requisitionofficer will fix an amount believed to bethe fair market yalue of the propertyrequisitioned (i. e., of the actual ma-terials) as of the time and place of tak-ing: Provided, however, That In no in-stances will the amount of compensationexceed the ceiling price, if any, estab-lished by the Office of Price Administra-tion or otherwise established by law, ifsuch ceiling price was in effect at thetime of taking. Such determinationshall be made in accordance with theprovision contained in the fifth amend-ment of the Constitution of the UnitedStates that "private property [shall not]be taken for public use, without just com-pensation."

(c) The requisition officer will, to theextent practicable, give notice of suchdetermination to all persons movn orbelieved to assert a claim or interest inthe property requisitioned. Such noticewill be given by personal service wherepossible, and, where not possible, by reg-istered mall, return receipt requested.

(d) Within thirty (30) days after dateof receipt of notice of preliminary de-termination, any claimant may file writ-ten objections thereto with the chief ofthe supply service concerned, specifyingin reasonable detail the grounds for hisobjection. The preliminary determina-tion may be modified on the basis of suchobjection.

§ 81.1411 Final determination of fairand just compensation. (a) Withinninety (90) days after the taking ofthe property, the requisition officer willeither affirm the preliminary determina-tion or make a new determination of theamount constituting fair and just com-pensation for the requisitioned property,taking account of any new factorsbrought to light by any objections filedto the preliminary determination, pur-suant to the provisions of § 81.1410 Cb)and Cd) above.

(b) The requisition officer will thenexecute, in triplicate, a certificate of fairand just compensation in the form pre-scribed by § 81.1425 below and will re-quest the owner to accept, by Signingan acceptance of award and release inthe form prescribed by § 81.1426 below,the amount named in the certificate asfatr and just compensation. If the ownercannot be determined with certainty, theprocedure set forth in § 81.1413 willgovern.

SUBSEQUENT PROCEDURE WHERE CLA.II'TSDISAGREE AS TO AMOUNT OF COPM-SATION

§ 81.1412 Where ownership is estab-lished with certainty.- (a) After obtain-ing the owner's acceptance of the deter-mination of the amount constituting fairand just compensation, the requisitionofficer will forward the executed accept-ance of award and release of the chiefof the supply service concerned for ap-proval and simultaneously a copy will befurnished the Legal Branch, PurchasesDivision, Headquarters, Services ofSupply.

(b) Upon approval of the executed ac-ceptance of award and release, recom-mendation will be made by the chief ofthe supply service concerned that theUnder Secretary of War make an awardIn the amount set forth in such accept-ance. Such recommendation will be for-warded to the Legal Branch, urchasesDivision, Headquarters, Service of Sup-ply, which will prepare an award andforward it to the Under Secretary ofWar for action.

(c) If the Under Secretary of Warsigns the award, the Legal Branch willtransmit the same to the chief of thesupply service concerned. Notice of thesigning of the Award shall be transmittedpromptly to the claimants by the chiefof the supply service.

(d) Upon receipt of payment the payeewill be required by the disbursing officerto execute a receipt in final form andsuch receipt will be returned promptlyto the requisition officer who will for-ward the same to the chief of the supplyservice concerned, and simultaneouslywill furnish a copy of such final receiptto the Legal Branch, Purchases Divi-sion, Headquarters, Services of Supply.

§ 81.1413 Where ownership cannotbe determined with certainty. (a)Upon receipt from the chief of the sup-ply service concerned of an approvedcertificate of fair and just compensa-tion, the requisition officer will requestall persons claiming-to be entitled to anyshare in the award to execute a stipu-lation in the form prescribed in § 81.1427,agreeing to the amount of fair and justcompensation as determined in such cer-tificate. Such stipulation, when exe-cuted, will be forwarded by the requisi-tion officer to the chief of the supplyservice concerned, and simultaneously acopy will be furnished the Legal Branch,Purchases Division, Headquarters, Serv-Ices of Supply.

(b) Cases in which the owner of theproperty cannot be determined with cer-tainty will be referred to the War De-partment Board of Contract Appeals inthe Office of the Under Secretary of Warwhich shall make a determination ofownership; if possible, obtaining fromthe owner thi prescribed acceptance ofaward and release. In those cases wherethe Board finds it imposisble to deter-mine the ownership, the Board will ad-vise the chief of the supply service as towhat disposition may be made of theclaim.SUBSEQUENT PROCEDURE VHERE CLiAIAZZAS

AGrEE AS TO AMOUNT OF coMPEoSATIo

§ 81.1414 Where ownership is estab-lished with certainty. (a) If the ownerrefuses to execute an acceptance ofaward and release, the requisition officerwill furnish to the chief of the supplyservice concerned a copy of the certifi-cate of fair and just compensation, and,in addition thereto, a report concerningvalue, condition and use of requisitionedproperty in the form prescribed by§ 81.1419 below.

(b) All claimants ihall be entitled toa hearing before the War Depak-tmentBoard of Contract Appeals according tothe rules of procedure prescribed by theBoard. A stenographic transcript of the

9667

9668 FEDERA

proceedings before the board and copiesof all written evidence submitted will bepreserved.

(c) After hearing and the presenta--tion of all claims, the War DepartmentBoard of Contract Appeals will makea determination of fair and just com-pensation for the requisitioned propertyand will request the Under Secretary ofWar to make an award in the amountdetermined.

(d) Upon signature of the award by "the Under Secretary of War, proceedingswill be had in accordance with § 81.1412(c) and (d) above.

§ 81.1415 Refusal of award. In theevent that the award of compensationfixed by the ,Under Secretary of War isrefused by the owner of the propertyrequisitioned, the chief of the supplyservice will direct payment to such ownerof fifty per cent (50%) of the amountof the award, as provided in the Act ofOctober 10, 1940 (54 Stat. 1090), asamendei, and the Act of October 16, 1941(55 Stat. 742), as amended.

§ 81.1416 Where ownership cannot bedetermined with certainty. Where theownership of the requisitioned propertycannot be determined with certainty andany person claiming an interest thereindeclines to execute a stipulation as pro-vided in § 81.1413 (a) above, such caseshall be referred to the War DepartmentBoard of Contract Appeals, which shalldetermine fair and just compensation inthe manner provided for by § 81.1414 (b)and (o) above, and shall thereupon pro-ceed in accordance with § 81.1413 (b)above.

FORMS

§ 81.1417 Form of requisition.REQUISITION

1. PROPOSAL TO REQUISITION PROPERTY

War Dept. No. ----------- Date

The War Department herewith submits tothe Chairman of the War Production Boardthe following proposal for the requisitioninga n d d isp o sa l, u n d er th e A ct o f ---- -- --- ,of the property described below for deter-mination as to whether it is consistent withthe priorities, and allocations program andthe general production and supply plan ofsaid Chairman, the head of the-departmentor agency submitting this proposal havingheretofore determined that:

A. In the event this proposal is submittedpursuant to the Act of October 10, 1940 asamended, that:

(1) Such property is of the type which maybe requisitioned under said Act; and

(2) There exists a necessity for requisition-ing the property in accordance with the pro-visions of section 1 of said Act.

B. In the event this proposal is submittedpursuant to the Act of October 10, 1941, asamended, that:

(1) Subh property is of the type which-maybe requisitioned under said Act; and

(2) (a) The use of such property is neededfor the defense of the United States,

(b) Such need is immediate and impendingand such as will not admit of delay or resortto any rther source of supply,

(c) All other means of obtaining use ofsuch property for the defense of the UnitedStates upon fair and reasonable terms havebeen exhausted, and

(d) The property to be requisitioned Is nota firearm possessed by an individual for hispersonal protection or sport, the possessionof which is not prohibited by existing law.

LL REGISTER, Tuesday, November 24, 1942

1. Description of property: (In as great de-tail as possible, specifying quantity, quality,shapes, sizes, etc. The specifications may beset forth In an attached statement.)

2. Present location:Name of holder --- Address ------------3. Beneficial owner (if known):Name -------- ----- Address ------------4. All other persons known to have or claim

an interest in property:Name -------------- Address -----------Name -------------- Address ------------Name -------------- Address ------------Name -------------- Address ------------Name -------------- Address ............5. Intended use or disposition of property

by present owners:6. Persons to whom the Requisitioning

Authority proposes to sell or otherwise dis--pose of property:

Name ----------- Address-7. Use to be made of property by personsdescribed in 6:

8. Was this property ordered, manufac-tured, procured or possessed for export pur-poses? (Set forth. additional data in state-ment of facts.)

9. When this material has been requisi-tioned, shipping instructions should be asfollows:

10. Payment for this material will be madeby the United States from the allotment,.appropriation or fund

the available balance of which is sufficientto cover the cost of the same. The allot-ment, appropriation or fund indicated hasbedn obligated in the amount of $ ----------

11. Cost and charges incurred subsequentto the execution of this requisition, and re-lating to the requisitioned property shouldbe referred for payment to:

Office ------------ Address----------12. Name and address of office to which

approved award of compensation should besent for payment: -

Office ------------ Address .............13. The following officers, agents, or em-

ployees of the United States are available toserve requisitions at the location of thisproperty:Name, Title Street Address City, State

STATELENT OF FACTS

(Additional Sheets May Be Attached)

The undersigned hereby declares and cer-tifies that all the facts herein set forth aretrue to the best of his knowledge and belief;and

A. In the event this proposal is submittedpursuant to the Act of October 10, 1940 asamended, that:

1. Such property is of the type which maybe requisitioned under said Act; and

2. There exists a necessity for requisition-ing the property in accordance with-the pro-visions of Section 1 of said Act.

B. In the event this proposal is submittedpursuant to the Act of October 16, 1941 asamended, that:

1. The property herein described is neededfor the defense of the United States.

2. The need for such property is Immedi-ate and impending and such aswIll not ad-mit of delay or resort to any other sourceof supply.

3. All other means of obtaining the use ofsuch property for the defense of the UnitedStates upon fair and reasonable terms havebeen exhausted.

4. The property to be requisitioned is nota firearm possessed by an Individual for hispersonal protection or sport, the possessionof which is not prohibited by existing law.

5. As a part of this request there is at-tached hereto a written memorandum settingforth all of the facts relating to the attemptedacquisition of said property together withall correspondence between the interested

parties upon which the undersigned predi-cates the statement made by him In para-graph 3 above.

This certificate Is executed by a duly au-thorized officer of (Department) ...........

-this ----------- day of ----...... ,1942.

This Requisition is approved on behalf of(Chief of Supply Service) ................

............................ ..... ..

(Authorized Offeer)The determiration of the War Production

Board should be sent to the legal Branch,Purchases Division, Headquarters, Services ofSupply, War Department, Wathington, D. C.

(Authorized Ofmeer)

Concurred in by theArmy and Navy Munitions Board.

Requisition Coiximittio.DETERMINATION OF CHAIRMAN OF WAR PRODUC-

TION OARD

The Chairman of the 'War ProductionBoard hereby certifies that he has determinedthat the requisitioning and disposal hereinproposed is/is not consistent with the pri-orities and allocations program and the gen-eral production and supply plan of the Chair-man of the War Production Board.Dated ---------- ,194

Chairman of War Production BoardBy......................--

Ir. REQUSITION ORDER

Requisitionby

The United States of America

War Department No .................

To: It having been determined in the man-ner provided for in the Act of ..............................-, and the Executive Ordersthereunder that it is necessary In the interestof national defense to requisition and takoover for the use or operation by the UnitedStates or in its interest, the following articlesor materials: ---------------------------

You are therefore authorized and commandedto take said articles or materials and the pos-session thereof for the purposes above speci-fled; to receipt for the same in the nameof the United States; and, to the end that,among other things, just and fair compen-sation therefor may be ascertained, to makereturn to ........................ ........

and copy thereof to the Legal Branch, Pur-chases Division, Headquarters Services ofSupply, War Department, Washington, D. C.,of all things done and proceedings had in theexecution of this requisition.

All persons having any claim to or Interestin any of the above-described articles or ma-terials are directed to give notice of theirclaims at once to ........................which will prescribe the form and manner offiling such claims.Washington, D. C., ------------.-- , 104...

*If the property was "Ordered, manufac-tured, procured or possessed for export pur-poses, the exportation of which has been de-nied," insert the following: "October 10, 1940(54 Stat. 1090) as amended."

If the property was not "ordered, manufac-tured, procured or possessed for export pUr-poses, the exportation of which has beendefied," insert the following: "October 10,1941 (55 Stat. 742) as amended."


M. THE RECEIPT

Received from ..................at ---..------- . ...-.- . ..-..-----------on the - -------....... day of------------194...., in ..--------..condition, the articles or materials coveredby the requisition on the reverse hereof,except as indicated below.

THE UI=rss STATES OF AERICA,By.

Title ......................

THE sETURN.

The requisition on the reverse hereof was"served by me by showing the Original there-of to, and leaving a copy with ----..-....

- at------------- this-------- day of -

And in the name of the United States Ialso give to --------------------- a receiptfor the articles or materials, taking posses-sion of the same.

Title----------------

EXCEPTIONS AM REDIARKS

...........................................

...........................................

§ 81.1418 Form of notice of requisi-tion.

NOTICE OF REQUISITIONSTo all persons known to have or claim an

interest in the property described below:Please take notice that the property de-

scribed below was on .......194._.... requisitioned and aken over for thedefense of the United States:

If you had or claimed any interest In suchproperty you are required to file a claim atonce. Proof of Claim in the attached formmust be filed in triplicate.

If you did not have or claim any interestin such property you are required to file adisclaimer in the form attached. Such dis-claimer must be filed in triplicate., All claims and correspondence in connec-

tion with this requisition should be addressedto------------------ --------

Notice of this requisition Is being given to

If you know of any other person, firm or

corporation which had or claimed any inter-est in the requisitioned property you shouldso advise at once, specifying in detail thename and address of such person, firm or cor-poration and the nature of such interest.

Date ---------------- 194--_.

§ 81.1419 Form of report concerningvalue, condition, and use of requisitionedproperty.

Req. W: D. No.--War Production Board Case No...........

Report Concerning Value, Condition, and Use

ofRequisitioned Property

1. The Proposal for requisitioning and dis-posal of property (hereinatfer called the Pro-posal) was executed under date of........

2. A description of the property as set forthin the Proposal is as follows:

3. The Requisition for the property wasexecuted by Robert P. Patterson, Under Secre-tary of War, under date of ................

4. Pursuant to the RequIstlon, the propertywas taken over by .aevidenced upon recelpt endorsed upon theRequisition executed by the Under Secretaryof War under date of

5. The name and address of the owner ofthe property Is:

Name ---- ------- Address-_ _(The information requested in p.aaph 0

to 12, inclusive, should be given in as full andcomplete detail as pozslble.)

6. Before requiitloning, the property wasused for the following purposes:

7. Present use of the property.8. Information as to age or prop7rty.9. Information as to any allowance3 for

depreciation on the owner's books.10. Information as to the price moot

recently paid for sImlar property at the DItusof this property.

11. Information as to arningn realized fromthis property by Its owner.

12. What effect will the requisitioning ofthis property have upon the busine: of its'5wner.

Title - -

§ 81.1420 Form of proof of claim.

In the matter of the claim of. .(Here insert the name of the per-on, firm or

corporation on whose behalf this claim isfiled.)

RequisItlon W. D. Ne ........

PSOOF OF

The proof of claim (Here insert full nameand address of claimant and, If a corporation.its principal place of busq-ne-' and state ofincorporation) avers:

1. That claimant is entitled to fair andjust compensation from the United StatesIn the amount of $ ---------- for persanalpropery taken by the United States on the

-day of . 19.-.,under War Department Requisition No.

-------- as follows: (itemize)2. That claimant had, on the date of raid

requisition, the right title or interest here-inafter set forth in and to raid requisitionedproperty; viz:

3. That on the date of said requisition noother person or persons had or claimed, tothe best of clalnanta Imowledge and belief,any right, title or interest in and to raidrequisitioned property except as follo-s:(If no exceptions, so state).

4. That claimant makes the following aver-ments in support of the right, title or inter-est asserted in Paragraph 2 hereof, that Isto say: (Set forth fully all facts, attachingcopies of all documents evidencing claimant'atitle.)

5. That claimant Is the present owner ofthis claim, and that neither this claim norany interest in It has been trancferrel, cold.pledged, or assigned except as follows: (Ifno exceptions. so state.)

6. Wherefore, claimant requests that theamount of just compensation due herein bedetermined according to law.Dated at-, State at

This..... .This day of------------. 194-.....

(Name of claimant and, if a cor-

poration or partnership or otherentity, name of prcon author-ized to sign. with the dclna-tion of his title.)

AddressName and Address of attorney, if any:

§ 81.1421 Forms of verlficatfon-(a)Forms of verification by an individual.State of.............County of ----------------City of ------........

(Insert here name of claimant), being firstduly sworn. deposes and says that he Is theclaimant in the above entitled proceeding;that he has read the foregoing Proof ofClaim and lmov the contents thereof, andthat the averments In said Proof of Claimare true of his own knowledge, except as tomattem which are therein stated-on infor-matlon or belief, and that as to those mIat-tes. he believes the averments to be true.

Subscrlbcd and sworn to before me thisday of .

Notary Public in and for the . .

of , State of

(b) Form of verification by a corpora-tion.State ofCounty of --.City Of

(Insrt here name of officer or director ofthe corporation), being first duly sworn,deposes and rays that he is the (inserttitle) of the (insert name of corporation),claimant in the above entitled proceeding-,that he Is authorized to, and does make thisafdavit in Its behalf, that he ha- read theforegoing Proof of Claim and knows the con-tents thereof, and that the averments in saidProof of Claim are true of his own knowI-edge, except as to matters which are thereinstated on information or belief, and that asto those matters, he believes the avermentsto be true.

Sub:crlbed and sworn to before me thi----- day of ... ... 194._.

Notary Public in and for theof ,, State of -

(C) Form of verification by, or on be-half of a foreign government.State ofCounty ofCity of

- being first duly sworn,depose. and rys that he is the duly consti-tuted and authorized representative of

-, a foreign government,that he has read the foregoing Proof ofClaim and know3 the contents thereof andthat the averments In said Proof of Claimare true of his own knowledge except as tothe matters therein stated on informationand belief, and that as to thoze matters hebelieves the averments to be true.

Ofcial Title_-Subscribed and sworn to before me this. .. .day of .. . . . 94 -----

Notary Public in and for the

of State of

§ 81.1422 Form of Power of attorney.POWEr 07 ATTC.-ZO T

Know all men by thee presents taLt_

(Name of claimant, address and legal status;

and, if a corporation, the principal place of

busi and State of incorporation)hereinafter called "Claiant", (in pursuanceof a resolutlon pawed by Its Board of Direc-tors. a certified copy of which is attachedhereto') does hereby make, constitute andappoint.. .... .

(Name of attorney-in-fact)claim-nt' true and lawful attorney for claim-ant and in clalmant's name and behalf, andwith the tame force and effeot as If done byClaimant (through its duly authorizedoficers'):

To repr*!ent and act for Claimant beforethe War Department or any other department

9669


or agency of the United States Governmentin any and all matters concerning the de-termination of compensation for propertytaken by the United States of America on

.... ... .... ... .... ... .... ... 194 ---- I

by Requisition W. D. No - .with powerto execute in Claimant's name any and allProofs of Claim or amendments or supple-ments thereto, any and all stipulations offact, statements and declarations as to own-ership, and any and all other instruments ofevery kind and nature which may be requiredin communications therewith; and to present,prosecute, compromise, or settle any claim orclaims arising out of the above requisition,which Claimant has or may. have, againstthe United States Government, or anyofficial, department, or agency thereof, and toexecute on behalf of Claimant one or morereceipts and/or releases for any award ofcompensation made by the United States inconnection with the above requisition and/orone or more agreements to indemnify andhold harmless the United States, its officers,agents, and employees, in an amount notexceeding the sum awarded to Claimant,from any and all loss resulting from theestablishment of a valid claim by any otherperson or persons against requisitioned prop-erty for which compensation has beenawarded to Claimant; and to receive, on be-half of Claimant, any check or checks issuedin payment of the award;

With full power to substitute or employ anattorney or attorneys at law or in fact withthe same powers enumerated herein.

WITNESS the due execution hereof this----------- clay of --------- 194

(Name of Claimant-indicatewhether an individual, corpora-tion, partnership . or o t h e rentity)

ByPresident

[CORPORATE SEAL] *ATTEST: *

Secretary*

§ 81.1423 Form of disclaimer.

Requisition W. D. No ------------

DISCLAIMhER

hbvIng received due notice of the service ofR quisitIon . W . Dr . -------- , dated ---------- , we hereby disclaim any right, title orinterest in the articles or materials takenunder such requisition and any claim forcompensation thereunder.

By.Sworn and subscribed this

- day of -------before me

§ 81.1424 Instructions for the prepa-ration and submission of documents.

1. An original and two conformed copiesof each Proof of Claim which shall be filedin the appropriate office as directed.

2. Proof of Claim and all other papersfiled shall be typewritten on one side of thepage only with a margin of 1Y2' at the topand on the left side of the page.

3. A good quality of white paper stock8" x 10 " shall be used.

4. Each page shall be numbered at the bot-tom and each paragraph numbered at theleft side.

* Omit If not a corporation,

5,. Every document having more than onepage shall be secured with a fastener at thetop of the page.

6. Proofs of Claim shall be in the formprescribed, contain all the averments indi-cated in the prescribed form and should beexecuted and verified as therein prescribed.

7. The Proof of Claim of a foreign govern-ment may be executed and verified by itsduly authorized representative.

8. The following papers should be attachedto the Proof of Claim:

a. Copies of all documents evidencingclaimant's right, title or interest in or to therequisitioned property including evidence ofactual payments for the articles or materials.

b. Executed Power of Attorney in the formprescribed.

§ 81.1425 Form of certificate of fairand just compensation..

Requisition, War Department No --------War Production Board Case No --------

CERTIFICATE O FAr AND JUST COMPENSATION

The undersigned hereby declares and certi-fies as follows:

1. The proposal for requisitioning and dis-posal of property (hereinafter called the pro-posal) was executed under date of -----------

2. A description of the property as set-forthin the proposal is as follows:

3. The requisition for -the property wasexecuted by Robert P. Patterson, Under Secre-tary of War, under date of-

4. Pursuant to the requisition, the propertywas taken over byas evidenced by the receipt endorsed upon therequisition executed by the Under Secretary ofWar under date of

5. The name and address of the owner ofthe property is:

Name ------------ Address ------------6. The owner of the property has executed,

in'triplicate, the Acceptance of Award andRelease and the three counterparts are at-tached hereto. Such release is conditionedupon payment by the United States to the

of the amount stated in such acceptance.7. The only other persons known to have

claims or interest in the property have exe-cuted disclaimers and such disclaimers andtwo photostat copies thereof, are hereto an-nexed. The names and addresses of suchparties are as follows:

Name ------------ Address ------------8. Payment for the property is to be made

by the United States from Allotment --------which was stated in

the proposal as having available for the pay-ment of the property a balance of ----------Such balance is sufficient to cover the pay-ment for the property.1 9. Pair and just compensation for the

property requisitioned and taken over as ofthe date and place thereof is ------------

10. The compensation should be paid to:Name ------------ , Address ------------11. This certificate and the enclosures re-

ferred to herein, are'forwarded to-(copies to the Legal

Branch, Purchases Division, Headquarters,Services of Supply, Pentagon Building, Wash-ington, D. C.), with the request that fair andjust compensation for the property be deter-mined as provided In the Act authorizing therequisitioning and-the determination of thecompensation and in the Executive Ordersapplicable thereto.

This certificate is executed, in triplicate, bya duly authorizedofficer of ----------- this,

-day of ------------

(Duly Authorized Officer)

Ap proved:proved:.......(Chief of Supply Service)

Date -- - - - - - - - - - - - - -I

§ 81.1426 Form of acceptance of awardand release.

In the Matter of the Claim of --------------Requisition, War Department No ..........War Production Board Case No ------...

ACCEPTANCE OF AWAne AND nELEASU

hereby agrees to accept the sum of ---------without interest in full and com-

plete settlement of its claim arising out ofthe requisitioning of the following propertyor materials:

It is warranted by the claimant that theownership and interest in the above-describedproperty and materials, at the time of thtrequisition thereof was as follows:

Beneficial owner: _! ....................Other Claimants: -----------------------And further, in consideration of the pay-

ment by the United Statds to ---------------of the sum of ----------------

hereby releases the United States, its officers,agents, and employees from any and allclaims arising from or in connection with therequisitioning and taking over by the UnitedStates of said property or materials, andhereby warrants that at the time of takingover by the United States of said property orm aterials said --------------------.........

(free of all liens and encumbrances)had valid title to said property ----------- _-

(subject to the following liens)and said ----------------------------------hereby absolves the United States, its officers,agents, and employees from any and allfurther claims in connection with said prop-erty or materials and the proceeds of thisaward.

Provided, That this release is conditionedupon the payment by the United States to

------- * -------------------- of the sum of-------------------- without interest.

Signed ---------------------..-.....By ................................

RECEIPT

Received this ----------- day of .--------- 194..... the sum 6f.............

without Interest, as specified In the aboverelease.

Signed .........................By ................----......----------

81.1427 Form of stipulation as toamount of fair and just compensation.In the Matter of the Claim of -------------Requisition, War Department No ..........War Production Case No ....................

Stipulation as to Amount of Fair andJust Compensation

It is stipulated and agreed by between

and the United States of America: that pur-suant to and in conformity with the provi-sions of the Act of ----------------------..

------------------ , there was issued on-, Requisition, War De-

partment No .-----, covering the followingdescribed property: ---------------........

That War Department Requisition No. ____was served by --------------- on ----------

9670


, 194- .... and a receipt givenfor the property covered by the subject requi-sition by the United States as of that date:

That all of the property shown on ---------and no other property was taken by theUnited States under the subject requisition.

That __----- -agrees to acceptthe sum of $ - as full settlement of its

-claim.That fair and just compensation for the

property is $ .-----

§ 81.1428 Form of award of lair andjust compensation.

AWARD OF FAr AND JUST COLPENsATIoN

In the matter of-War Department Requisition No ------------War Production Board Case No ------------

Pursuant to authority vested in the Presi-dent of the United States by Act of Congressapproved --------- anddelegated to me, I do hereby determine that,under the above-numbered requisition of theWar Department the compensation in thesum of -------------- Is fair and just and Isto be charged against allotment or appropria-tion ---------------- --- and do herebydirect that payment be made, as provided inthe Proposal to Requisition, by

Payee:Amount:

ISEAL]

ROBERT P. PATTERSON,Under Secretary of War.

J. A. ULIO,Major General


[P.R. Dec. 42-12169; Filed, November 20, 1942;1:30 p. m.1

Chapter VII-Personnel

PART 70-THE ARmy NURSE CORPS

WAIVER OF CERTAIN REQUIREMENTS

§ 70.3 Appointment and promotion.'So Inuch of paragraph (b) (2) of thissection as requires an applicant for orig-inal appointment in the Army NurseCorps to be unmarried will be waivedfor the duration of the war and 6 monthsthereafter. (40 Stat. 879, 41 Stat. 767;10 U.S.C. 161, 164) [Sec. I, Cir. 365,W.D. Nov. 5, 1942]

[SEAL] J. A. Umo,Major General,

The Adjutant General.[P. R. Doc. 42-12259; Filed. November 21,1942;

12:25 p. m]

TITLE 22-FOREIGN RELATIONS

Chapter I-Department of State

PART 58-CoNTROL or PERsoNs ENTERINGAND LEAVING THE UNITED STATES PUR-suANT To THE ACT oF Myt- 22, 1918, ASA DED

- AMERICAN CITIZENS AND NATIONALS

Pursuant to the authority vested in meby section I of Proclamation 2523 of thePresident, issued on November 14, 1941(6 F.R. 5821) under authority of section

17 P.R. 7877.

No. 230---4

1 of the act of Congres approved May22, 1918 (40 Stat. 559; 22 U.S.C. 223), asamended by the act of Congress of June21, 1941 (55 Stat. 252; 22 U.S.C. 223, Sup.I), § 58.3 (d) of the regulations issuedon November 25, 1941 (6 F.R. 6069), asamended, is hereby cancelled effectiveafter 6 o'clock in the forenoon of Decem-ber 1, 1942.

[SEAL] CORDELL HuLL,Secretary of State.

Novm.sBER 18, 1942.[P

. R. Doc. 42-12190; Filed. November 20. 1942;5:04 p. m.]

Chapter III-Proclaimed List of CertainBlocked Nationals

SUPPL-mi I To R oV O IV

By virtue of the authority vested inthe Secretary of State, acting in con-junction with the Secretary of the Treas-ury, the Attorney General, the Secre-tary of Commerce, the Board ofEconomic Warfare, and the Coordinatorof Inter-American Affairs, by Proclama-tion 2497 of the President of July 17,1941 (6 F.R. 3555), the following Supple-ment I containing certain additions to,amendments to, and deletions from TheProclaimed List of Certain Blocked Na-tionals, Revision IV of November 12, 1942(7 P.R. 9510), is hereby promulgated.

By direction of the President:

CORDELL HULL,Secretary of State.

RANDOLPH PAUL,Acting Secretary of the Treasury.

FRANICIS BIDDLE,Attorney General.

JESSE H. JonS,Sccretary of Commerce.

MI O P£ramns,Executive Director,

Board of Economic Warfare.Nr.sON A. RocxEFELLER,

Coordinator of Intcr-American Affairs.

NovELsER 20. 1942.

GEnESAL ITOTu

(mEvME AS Or =14UIATIVE GUFFLmZnT N~O. ITO =6SIOL0 IV)

(1) The Proclaimed Lict i- divided Into twoparts: part I relates to listinga In the Ameri-can republics; Tart 1E relates to listings out-side the American republics.

(2) In part I titles are isted In their letter-address form, word for word as written Inthat form, with the following e.eceptlons:

If the title Includes a full per=onal name,that is, a given name or Initial and rname,the title s listed under the surname.

Peronal-name prefixes uch as de, la, von,etc.. are considered ms part of the surnamoand are the bais for listing.

The listing Is made under the next wordof the title when the initial word or phrace,or abbreviation thereof, Is one of the follow-Ing Spanish forms or similar cquivalent formsin any other language:

Compallia: Cia.; Comp.Compafila An6nima; b. A.; Comp.

An6n.Socledad; Soc.Socledad Anfnimn; S. A.; Sco. An~n.

(3) Addre:,z appearing oftexr-ns on theIst are not Intended to exclude other ad-drczes of the came fArms or Individuals. A11ltid name refers to all branches of the bust-nezs In the country.

(4) Revision IV of the Proclaimed List, ofwhich this I- a supplement, superzdas allprevlous lit

. published prior to November

12, 1942. The present sa"le3 of supplmentsi cumulative, and each succeeding supple-ment supercde3 all previous supplements tothe LIt. Accordingly, the current Cumula-tire Supplement and Revision IV togetherconstitute the effective List.

(5) For the convenience of users, symbolsare placrd after each name on the List toIndicate, by reference to the table below, thedate- of the supplements or revisions inr.hich the name first appeared, or wasamended or deleted. It has not been foundpracticable, however, to Indicate here thedates of litings made between July 17, 1941,the date of the original list, and Revision I,dated February 7, 1942. Accordingly, namesappearing prior to Revision I and retained Inthat revision are followed only by the symbol"I". Roman numerals refer to revisions, ar-abic numerals to supplements. For example.a name followed by the symbols I1-1, III,IV-1 signifies that the listing first appearedIn Revision Ir. Supplement 1; was amendedin Revision rn; and was amended or deletedIn Revision IV Supplement 1. Since in theCumulative Supplements deletions as wellas amendments are carried In each succeed-Ing supplement, the last of two or moresymbols may reflect either ?n amendment ora deletion, depending on the action headingunder which the listing currently appears.

II-i1-2I-3

1-411II-i11-2II-3

2-7-422-28-423-27-424-11-425-1-425-12-425-22-426-2-42G-19-42

II-5III

111-2111-31rr-4IVrv-1

7-17-427-31-428-10-428-23-429-18-4210-10-4210-30-42.11-12-4211-20-42

PART I-Liasn;os n; A,?,=csm; REPUBLICSARGENTINA

Additions and AmendmentsI

Asmus, Hans.-Avenlda PresidenteRoque Slenz Pefia (Diagonal Norte)616, Buenos Aires. IV-1.

B raca, Dana.-Fitz Roy 1355, BahiaBlanca. IV-1.

Barraca Justesen.-Espaa 1336,Buenos Aires. IV-1.

Barraca Nueva.---onte de Oa 585-89, Avelaneda. IV-1.

Bernasconl, Angel.-San Juan 3765,Buenos Aires. M-I.

Blasottl y Cia.-Buenos Aires. IV-I.Canever, Antonlo.-Col6n 561, Posadas,

MIfsiones. IV-I.Ellinger, Adolfo F. C.-Viamonte 680,

Buenos Aires. N-I.Elinger, Julio P. E.-Vamonte 680,

Buenos Aires. IV-1.Ellinger y Cia., S. de R. L.-Viamonte

680, Buenos Aires. IV-1.Establecimientos Amdrica.-Avenida

de Mayo 1370, Buenos Aires. IV-1.Establechientos Fdbrfles Rodi.-Vic-

torla 850, Buenos Aires; and Kil6metro11, Wilde, F. C. S. IV-I.

Explotaci6n Maderera y Anexos, S. A-Avenida Presidente Roque Senz Pefia(Dlagonal Norte) 933, Buenos Aires.IV-1.

Fonticell], Juan Carlos.-Perfl 347,Buenos Aires. IV-I.

9671


Fuelrer y Becker.-Otamendi 249,Buenos Aires. IV-i.

Garcia Auladell, Manuel.-Perfi 1746,Buenos Aires. IV-1.

Garcia y Cia, M.-Perft 1746, BuenosAires. IV-1.

Justesen, Asger.-Espafia 1336, BuenosAires, and Fitz Roy 1355, Bahia Blanca.IV-1.,

Katayama, Ryohel.-Balcarce 1471,Buenos Aires. IV-1.

Laboratorios Cinematogr6flcos Biasot-ti.-Campichuelo 553, Buenos Aires.IV-1.

Lavadero de Lanas.-Camino a LaPlata; Kilfmetro 12. IV-1.

IAbregule Sociddad An6nima de Man-datos, y' Finanzas.-25 de Mayo 145,Buenos Aires. IV-1. -

Linne, Walter.-Maipf1 231, BuenosAires. IV-i.

Nord Sud Argentina Sociddad An6-nima Comercial Importadora y Exporta-dora.-25 de Mayo 294, Buenos Aires.IV-1.

Paetsch, Heriberto Gustavo.-Bolivia3103, Buenos Aires. IV-1.

Peladero Bahia.-Manuel Molina 1525,Baha Blanca. IV-1.

Peladero C6rdoba, S. de R. L.-Caminoa La Plata, Kil6metro 12. IV-i.

Peladero Danes.--C6rdoba 651, Saran-di. IV-1.

Pirovano, Speranza y Cia.-SenadorMor6n 1450, Bella Vista, F. C. P., B. A.IV-1.

"Prodinar" Producci6n Industrial Ar-gentina S. de R. L--Honduras 3750 yAvenida Presidente Roque S.enz Pefia(Diagonal Norte) 1119, Buenos Aires.IV-1.

Publiventas.-Maipfi 231, Buenos Aires.IV-1.

S. A. E. M. A., Sociedad An6nima Ex-plotacidn Maderera y Anexos.-AvenldaPresidente Roque Sfienz Pefia (DiagonalNorte) 933, Buenos Aires. IV-1.

Sternstein, Alfredo.-Libertad 745,Buenos Aires. IV-1.

Strauss, Alfredo Juan.-Defensa 320,Buenos Aires. IV-1.

Tam, Hubmann y Cia.-Piedras 133,Buenos Aires. IV-1.

"Unibras".-Avenida Presidente RoqueSfenz Pefia (Diagonal Norte) 616,Buenos Aires. IV-1.

Deletions

Cine Ideal Monroe.-Monroe 3245,Buenos Aires. UI:-4; IV-1.

BOLIVIA

Additions and Amendments

Fischer, Ewaldo.-Santa Cruz de IaSierra. IV-1.

Forns Sams6, Francisco.--Ingavi 473(Casilla 476), La Paz. I- IV-1. Addressamended from Potosi 490 (Casilla 476),La Paz.

Granier & Rodrlguez.-Oruro. IV-i.Villarroel, Ambrosio.--Santa Cruz de

la Sierra. IV-1.

Deletions

Barrientos, Emllio.-Mercado esquinaYanacocha, La Paz. I; rI; IV-1.

Brito, Octavio Pefia.-Avenida Ca-macho esquina Col6n, La Paz. I; Ir-i,;IIn; IV-1.

-Eusdevid, Juan.-Oruro and Cocha-bamba. 11-2; IV-1.

3RAZI

Additions and AmendmentsCopiadora Brasileira Ltda.-Rua S~o

Josd 65, Rio de Janeiro. IV-1.Distribuidora Brasileira de Ferro

S. A.-Rua General CAmara 90, Rio deJaneiro. IV-1.

Dobler, Adolf.-Sdo Paulo. IV-1.Dobler, Margot.-Sdo Paulo. IV-1.F~brica Nacional de Papeis Hello-

grAphicos Ltda.-Ozalid Brazil.-RuaBarra Funda 444, Sfo Paulo. IV-1.

Gonzalez, Celso Ram6n.-Rua GeneralCamara 90, Rio de Janeiro! I; IV-1.Name amended from Gonzales, Celso R.

Hermann, Alfred Friedrich.-RuaGeneral Cfmara 90, Rio" de Janeiro.IV-1.

Noguchi, Motozo.-Mercado Municipal,Lado Externo 100-102, Rio de Janeiro.IV-1.

Ozalid Brazil -brica Nacional dePapeis Heliogrphicos Ltda.-Rua BarraFunda 444, Sdo Paulo. IV-1.

Petersen e Cia., Ltda.-Rua LiberoBadar6 306 (Caixa Postal 1046), S.oPaulo. I; IV-1. Address amended fromCaixa Postal 1046, Sdo Paulo.

Sanches e Cia., J.-Rua Campos Salles105, Rio de Janeiro. IV-1.

Serralheria Artistica.-Rua CamposSalles 105, Rio de Janeiro. IV-1.

Urata, Tokio.-Rua Marechal Deod6ro230, Juiz de Fora, Minas Geraes. IV-1.

DeletionsAssurances Gdndrales, Compagnie d'.-

Rua Buenos Airds 70, Rio de Janeiro,and all branches in Brazil. 3rn-1; tV-1.

Colonia de Pescadores Z-1 Jos6 Boni-facio.-Santos, S[Lo Paulo. I-i; tV-1.

-Condor, Ltda., Servigos Adreos.-Ave-nida Rio Branco 128,: Rio de Janeiro.I; IV-I.

Regnier & Anachoreta.:-Rua Cande-16ria 92, Rio-de Janeiro. I; IV-1.

Seguros L'Union, Cia.-Rua Uruguay-ana 87, Rio de Janeiro, and all branchesin Brazil. 311-1; IV-1. -

Servigos Adreos Condor, Ltda.-Avd-nida Rio Branco 128, Rio de Janeiro, andall branches in Brazil. I; IV-1.

Syndicato Condor, Ltda.-Avenida RioBranco 128, Rio de Janeiro, and allbranches in Brazil. I; IV-1.

CHILE


Almacdn Eldetrico "Weler".-BarrosArana 775, Concepci6n. IV-1. -

Anker von Manstein, Fridleif.-Con-stituci6n 25, San Francisco 1801 y MariaAuxiliadora 998, Santiago. IV-1.

Aste Demartini, Domingo.-Chacabuco2812 y Yungay 2803, Valparaiso. IV-1.

Aste Hnos. y Cia.-Chacabuco 2812 yYungay 2803, Valparaiso. IV-1.

Avendafio, Domingo.-Tom6. IV-1."Balthasar Bruna".-Santiago. IV-1.Bodega -San Jos6.-Calle Libertad es-

quina Yungay, Valdivia.. IV-1.Burgemeister, Luis.-Picarte 321, Val-

divia. IV-i.CB 116 Radio Caupolicin.'-Prat 773

(Casilla 506); Valparaiso. IV-1.

'Formerly known as Radio Valparaiso.

"Camiseria AmericAna".-Avenida A -gentina 328, Valparaiso. IV-1.

"Casa Imperio".--Chtllfin. IV-LDanker, Federlco.-Santiago. IV-i.Diaz Brantes, Humberto.-Serrano 591,

oficina 70, Valparaiso. IV-1.Di Nocera, Baltazar.-Errfzurlz 664,

Punta Arenas, IV-1.Dreyer, Max.-Talcahuano and Con-

cepci6n. IV-1.Edwards Linares, Patrlclo-Prat 773

(Casilla 506), Valparaiso. IV-1."El Mercado".-Yungay 2803, Val-

paraiso. IV-1."El Pobre Diablo".-Diego Portales

1001, Temuco; and 5 de Abrll 708,Chilldn. IV-1.

Empresa Arte-Film. -Serrano 591, ofi-cina 70 (Casilla 1731), Valparalso; andHu6rfanos 1153, oflclna 2, Santiago.IV-1.

Est~banez Blanco, David.-Dlego Por-tales 1001, Temuco; and 5 de Abril 798,Chillin. IV-1.

Estdbanez Blanco, Emilio.--DlegoPortales 1001, Temuco; and 5 de Abril798, Chillin. IV-1.

Estdbanez Blanco, Sonador.-DlegoPortales 1001, Temuco. IV-1.

Est6banez Hnos. y Cia., Ltda.-DlegoPortales 1001, Temuco; and 5 do Abril798, Chilltn. IV-1.

Fabres, Manuel A.-Rosas 1490, San-tiago. IV-1.

Fellmer, Walter.-Victorla 1057,,Santi-ago. IV-1.

Ferrari, Joseflna Avegglo de.-Slm6nBolivar 440, Valparaiso. IV-1.

Ferrari, Plinio.-Slm6n Bolivar 440,Valparaiso. IV-1.

Ferraz P., Jos&-Calle Libertad esqui-na Yungay, Valdivia. IV-1.

Frank Peitler, Alberto.-Victoria 1057,Santiago. IV-1.

Frank y Cia., Ltda.-Vctoria -1057,Santiago. IV-1.

Frindt Weldt, Osvaldo.-Prat esqulnaBaimaceda, Nueva Imperial. IV-i.

Frindt y Cia., Ltda.-Carahue. IV-i.Fritz Ewertz, Augusto.-Agustinas 988,

Santiago. IV-1.Fundici6n "Rocomaco" Soc. Ltda.-

Avenida Portugal 950, Santiago. IV-I.Gesche Lichtenberg, Hermann.--Bar-

ros Arana 775, Concepci6n. IV-1.G6mez-Marafi6n y Cla.-Avenida Ar-

gentina 328, Valparaiso. IV-1.Grau, Erich F.-Avenida Constanza

947, Santiago. IV-1.Hauser Venegas, Tito.-Bulnes 635,

Temuco. IV-1.Hebel Haubrich, Rodolfo.-Fiutillar.

IV-1.Heinrich, Osvaldo.-Rio Buenos, IV-1.Heinrich, Waldemar.-R fo B u ono,

tV-1.Henzi 0., Teodoro.-Picarte esquina

Henriquez, Valdivia; and Eleuterlo Ra-mirez, Osorno, IV-1.

Herrera Lira, Ricardo. -Amunfitegul661, Santiago. IV-1.

Hoeck L., Javier.-Plaza Anibal Pinto1179, Valparaiso. IV-1.

Hoeck & Warda Ltda.-Plaza AnibalPinto 1179, Valparaiso. IV-i.

9672

FEDERAL REGSTER, Tuesday, November 24, 1942

Holtz, Willy.-Blanco 1041, oficina 57,Valparaiso; and Thompson 205, Quilpd.IV-1.

Hotel Plaza.-Rio Bueno. IV-1.Hulse, Herbert.-Serrano 479, Val-

paraiso. IV-1.Hulse y Cia., Ltda., Herbert.-Serrano

479, Valparaiso. IV-1.Kertscher y Cia., Ltda.--Colo-Colo 366,

Concepci6n. IV-1.Kramer, Reinaldo.-Rio Bueno. IV-1.Kratzer, Hans.-Santa Victorina 369,

Valparaiso. TV-1.. "La Sevillana".-Condell 1269, Val-paraiso. IV-1.

"Leche Delicias".--IV-1.IAmann, Walter.--Avenida Pedro de

Valdivia 160, Santiago. IV-1.Maison Gentil.-Calle Picarte, Val-

divia. IV-I.Maldini Tornini, Atilio.-O'Higgins

esquina Rancagua, Copiap6. IV-1.Maldini Tornini, Eduardo.-O'Higgins

esquina Rancagua, Copiap6. IV-1.Maldini Tornini, Norberto.-O'Higgins

110, Copiap6. IV-1.Maldini e Hijos, Lus.-O'Higgins

esquina Rancagua, Copiap6. IV-LMaratuca M., Kotaro.-O'Higgins 436,

Copiap6. IV-1.Michaelis, Guillermo.-Calle Picarte,

Valdivia. IV-1.Molinera y Comercial "Koster Ltda.",

Soc.-Incoydn 475, Concepci6n; andVilla Mora, Coronel. IV-1.

Molino "Americano".--Calera. IV-1.Molina "San Pedro".-R a n c a g u a.

IV-1. .Mfifoz Morales, Leovigildo.-Condell

1269, Valparaiso. IV-1.Mfifioz y Cia.-Condell 1269, Valpa-

raiso. IV-1.Okmoto, Masao.-Independencia 526,

Rancagua. IV-1.Praetorius, Federico.-Geywitz 2, San-

tiago. IV-1.Radio Caupolicn CB 116.--Prat 773

(Casilla 506), Valparaiso. IV-1.Ramos, Emilio.-Hudrfanos 920, oficina

1, Santiago. IV-1.Restaurant Yokohama.Independen-

cia 526, Rancagua. IV-1.Santo Santo, Heuki.-Sucre 1796, To-

copilla. IV-1.Schacht Gerken,. Guillermo.-Arlyon

48, Santiago. TV-1.- Schacht Troeger, Guillermo.-AvenidaPedro de Valdivia 133, Santiago. IV-1.

Schacht y Cia-Augustinas 925, San-tiago; Calera and Rancagua." IV-1.

Schacht y Cia., Ltda., G BernardoO'Higgins 3724, Santiago. IV-I.

Schmeider, Arturo. - Lincoydn 475,Concepci6n; and Villa Mora, Coronel.IV-1.

Simon, Wernei.-Eleutero Ramirez,Osorno. IV-I.

Testa S., Dante-Berstein 12, Vifia delMar. IV-1.

Testa y Cia. Ltda., Ernesto.-AvenidaBrasil 2314, Valparaiso. IV-1.

Testa y Otero Ltda.-Condell 1575.Valparaiso. IV-1.

2 rade name for the product of G. Schachty Cia., Ltda. I

aFormerly known as Radio Valparaiso.

"Tienda Mirador."--Condell 1575, Val-paraiso. IV-1.

Vidrierlas Unldas.--Simn Bolivar 440,Valparaiso. tV-1.

Vogt Weber, Federlco.-Calle Bilbao,Lautaro. IV-1.

Von Bennewltz, Otto.-Claro Solar 598,Temuco. IV-1.

Warda W., Martfn.-Plaza Anibal Pin-to 1179, Valparaiso. IV-1.

Well Hube, Ernesto.-Frutillar. IV-1.Williams, Gladis Mellta.-Antofagasta.

IV-1.Wltt L., Max W.-Lautaro Navarro

1186, Punta Arenas. IV-1.Wittich, Horst.-Moneda 1118, piso 2,

oficina 8, Santiago. IV-1.Zehnoff, Juan.-Rio Bueno. IV-1.Ziegler Weidner, Emillo.-Rfo Bueno.

IV-I.Deletions

Branchi S., Gustavo.-Blanco 1053,Valparaiso. 11-5; IV-1.

Branchi & Mutis-Blanco 1053 (Caslila567), Valparaiso. 1r-5; IV-1.

Falciola, Carl Osborne.-Llm 856 (Ca-silla 2874), Santiago. I; IV-1.

Fischer, Germdn-Valdivla 367, San-tiago. 1-1; IV-1.

Hirsch K., Martin.-Hu~rfanos 880,oflclna 9, Santiago. I-1; IV-1.

Hoffmann Thater, Otto.-Prez, Ro-sales 786, Valdivia. 11-4; IV-1.

Hoffmann Thater, Pablo,-PortaLFer-n.ndez Concha 960, dept. 218. Santiago.11-4; IV-1.

Industrial y Comercial Hoffmann, S.A.-Valdivla. 17-4; IV-1.

Maderera "Valdlvia" S. A., Cfa.-Aran-co 22, Valdivia. 31-4; IV-I.

Transportes Fluviales S. A.-Yungay231, Valdivia. 11-4; IV-1.

Vatter & Hirsch Ltda.-Hudrfanos 880,oficina 9, Santiago. I-1; IV-1.

COLOMIA

Additions and AmendmentsBar Gambrlnus.-Carrera 5a No. 12-

21, Cali. IV-1.Bonfanti, Angelo.-Puerto Colombia.

VI-1.Castro Senior, RafaeL-Barranquilla.

IV-1.Clason Berlit, Jos6 Helmuth.--San

Bias, Cuartel, 20 de Julio, Barranqullia.IV-1.

Clason, Jos6 Helmuth.--San Bias,Cuartel, 20 de Julio, Barranqulla. TV-1.

Cohrs, Albert Edward.-"Qulnta Thu-ringia", Avenida A. 6 y 8, Barranquilla.IV-1.

Lara, Alberto.-Fundac6n. IV-1.Pleper, Lulsa viuda de.-Carrera 5a No.

12-21, Call.. IV-1.Prada, Luls Fernando.-Avenida Co-

lombia, Barranquilla. IV-1.Salchicherla B o s t o n.-Calle Sucre,

Aduana y Sabanillas, Barranquilla. IV-1.Scheuermann, Joseph.-Calle S u c r e,

Aduana y Sabanillas, Barranqulla. IV-1.

Deletions

Gazzera, Gluseppe.-Calle 33 No. 6-37,Bogotd. 11-3; IV-i.

.Productos Metallcos Ltda.- Barran-quilla. I-i; IV-1.

COSTA MJCA

DeletionsAndr6 Arnoldo.-San JosC. I; IV-I.Marzal, P. C.-Apartado 1326, San

JoZz. 1-2; IV-1.Rojas Matamoras, Rafael.-San Jos.

1-4; 11-4; IV-i.

ECUADOR


"Almacdn de ldusica".-Nueve de Oc-tubre 507 (Casilla 856), Guayaquil. IV-1.

Bazar Dlranl.--Chile 18, Quito. IV-1.Cibelli, Clemencia Parodi de.-Haci-

enda San Pablo, Naranjal. V-I.Feraud Guzmin, J. D.-Nueve de Oc-

tubre 507 (Casilla 856), Guayaquil. TV-1.Hacienda San Pablo.-Naranjal.

IV-1.Kaktbadze Inc., Dimitri.-Casilla 162,

Quito. IV-1.Sdinchez Z., Victor.--Clemente Ball~n

204, Guayaquil. IV-1.

EL SALVADOR


Bienroth, CarL--San Salvador. V-1.Mehltretter, Han s.-San Salvador.

IV-1.Wenglein, Fritz.-San Salvador. IV-1.

HONDURAS


Agenclas Asocladas S. A.-San PedroSula. IV-1.

Fertscb, Werner.-San Pedro Sula.IV-1.

Fertsch & Co., Werner.-San PedroSula. IV-1.

Deletions

Gough, Admral.lRoatan. 11-5; IV-1.Gough, James.-Roatan. 11-5; IV-i.Gough, Joseph.-Roatan. II-5; V-1."Gough Brothers". -Roatan. 11-5;

IV-1.M Nab, Wlnfeld.-Roatan. IHI-I;IV-i.

Deletions

Souther Cros.--I-2; IV-1.TZrIMAGUA


Cuadra, Addin (Dr.).-Granada. V-.Cuadra, Addn (hijo).--Granada. IV-1.Medina Morales, Raimundo.-Mana-

gua. IV-i.PAIA


Almacdn "Miyako". - Panamd. I;IV-1. Address amended from AvenidaCentral 108, Panama.

Central American Trading Co.-Pan-anm. I; IV-1. Address amended fromAvenida Central 47, Panama; and Apar-tado 453, Ancdn, Canal Zone.

Nagao & Co., Inc.-Panamfi. I; V-i.Address amended from Avenida Central108, Panamd.

Prada, Luls Fernando.--Col6n. IV-1.

9573


PARAGUAY

DeletionsEl Nacionalista.-Asunci6n. 31-4;

IV-1.PERU

Additions and AmendmentsBanchero, Angel.-Minerfa 189, oficina

6, Lima. IV-1.Correa & Co.-Talara, Sullana. IV-1.D6,vfla & Co.-Sulana. IV-i.Duda, Hans.-Andahuaylas. IV-1."El Brllante".-Uni6n 534, Lima.

.v-1.Fdbrica Nacional de Levadura "Ar-

rlba".-Lma. IV-1.Fischer, Hans.-Abancay. IV-1.Gonz.lez, Emilio.-Sullana. IV-1.Hacienda San Gabriel.-Abancay.

Industrial y Comercial Europa-Sud-America S. A., Cia.-Lima. IV-1.

Lacherbauer, Jos6.-Abancay. IV-1.Luehr, Heinrich.-Andahuaylas. IV-1.Mediavilla y Carrete.-Sullana. TV-i.Modenesi, Fernando.-Cailloma 451.

Lima. TV-1.Treichel, Werner.-Cuzco. IV-1.Trelles, Cirilio.-Abancay. IV-1.Zeballos, Ladislao.-Mineria 189, oft-

clna 6, Lima. IV-1.

DeletionsYffiez, Victor.-Caridad 670, Lima.11-i; TV-i.

URUGUAY

Additions and Amendment.CX 26 Radio Uruguay.-Avenida Mi-

lln 2370, Montevideo. IV-i.CX 34 Radio Artigas.-Avenida Millbn

2370, Iontevideo. IV-i.CX 50 Radio Nativa.-Avenida Sim6n

Martinex 6080 (Kil6metro 11), Monte-video. IV-1.CXA 2 Radio Continental.-Camno

Carrasco 5151, Montevideo. IV-1.Farmacia La Bolsa.-Uruguay 852,

Montevideo. IV-1.Fischer, Johann.-Avenida Sayago 965,

Montevideo. IV-1.Levratto y Compafifa.-Uruguay 852,

Montevideo. IV-1.Schwartz, Walter Siegfried.-Joaquin

Requena 1204 y 25 de Mayo" 731, Monte-video. IV-1.

Zeck y Cia., Talleres Unidos.--Galicia788, Montevideo. IV-1.

VENEZUELA

Additions and AmendmentsCriollo, O6tavio Luis.-Obispo Lazo 21

Sur, Maracaibo. IV-I.Dubois Serrano y Cia., Carmelo.-

Ceiba a Poleo 38, Caracas. IV-i."El Remate".-Sociedad a Traposos

10, Caracas. IV-1.Geyer, Helmuth.-Bocono, E s t a d o

Trujillo. V-1."Xlraco".-Veroes a Jesuitas 26-Biz,

Caracas. IV-1.Perozo, Jos6 Nieves.-Edificio-Chiquin-

quira, Maracaibo. V-1.Romano y Compafiia.-Sociedad a

Traposos 10, Caracas. V-1.Tipografia Criollo.-Obispo Lazo 21

Sur, Maracaibo. IV-1.Wolf, F.-Veroes a Jesuitas 26-Biz, Ca-

racas. V-1.

Wolf y Cia., .- Veroes a Jesultas 26-Biz, Caracas. V-1.

Deletions

De Egilegor, Manuel.--Punceres.a Es-calinatas 15 y 19 (Apartados 447 y 474),Caracas. 1--4; V-1.

Hinterlach, Carl.-Avenida Este 17Altas (Apartado 588), Caracas. I-3;V-1.

Hotel "Casa Domke".-Punceres a Es-calinatas 15 y 19 (Apartados 447 y 474),Caracas. 1-3; V-1.

Hotel Cervantes.-Punceres a Esca-linatas 1 y 19 (Apartados 447 y 474),Caracas. 1-4; V-i..

Spitzer, Isodoro.-Apartado 1705, Ca-racas. 11-4; IV-1.

PART II-LsTiNGs OUTSIDE AMERICANREPUBLICS

IRAN

Additions and AmendmentsStorch-Nielsen, H. V. E.-P. 0. Box 49,

Tehran. V-1.Storch-Nielsen, Mrs. Helge.-Isfahan.

V-i.MOROCCO

Spanish Morocco

Deletions

Ri5delheimer, H.-Kaa-el-Hafa, Te-tuan. III-i; V-1.

Tangier International ZoneAdditions and Amendments

Ribeiro, Eduardo da Mota.-HotelFuentes, Apartado 54, Tangier. IV-1.

PORTUGAL AND POSSESSIONS

PortugalAdditions and Amendments

Barreto, Joaquim Pereira.-Rua Jar-dim do Regedor 5, Lisbon. IV-i.

Bostanian, Sapag (Sacha).-Hotel At-lantico, Lisbon. IV-1.

Cardigos, Antonio Fernandes.-Cal-cada de S. Francisco 15, Lisbon. IV-i.

Comercio Ibero-Ultramarino Ltda.-Rua Eugenio dos Santos 25-31, Lisbon.11-5; V-i. Name amended from Co-mercio Ibero-Ultramar Ltda.

Continental de comissoes Ltda. Soc.-Rua Jardim do Regedor 5, Lisbon. IV-1.

Falcao Telles Ltda.-Rua dos Doura-dores 83, Lisbon. IV-1.

Guimares, Maria Jose da Silva Leite.-Praca D. Filipa de Lencastre 14, Oporto;and Rua dos Correeiros 184, Lisbon.TV-1.

Guimares & Queiroz Ltda.--Rua dosCorreeiros 184, Lisbon. IV-1.

Heinzelmann, Albert Herman Grel-ner.-Largo Afonso 13, Faro, Algarve.V-1.

Heinzelmann, Carl Theodor Greiner.-Largo Afonso 13, Faro, Algarve. IV-1.

Heinzelmann, Julius Adolf Greiner.,Largo Afonso 13, Faro, Algarve. V-1.

Heinzelmann, Reinhold Greiner.-Largo Afonso 13, Faro, Algarve. IV-i.

"Ibex"-Iberica Exportadora Ltda.-Rua Garrett 62, Lisbon. V-1.

Lentz, Dr. 0. H. Waldemar.-Rua daEmenda 79, Lisbon. V-1.

Lerider, Helmuth.-Lisbon. V-1.

Neves, Carlos da SIlva.-Rua Jardimdo Regedor 5, Lisbon. IV-1.

Ribeiro, Eduardo da Mota.--Rua Gar.rett 62, Lisbon. TV-1.

Sa, Matilda Helena Quelroz Franco.-Praca D. Fillpa de Lencastre 14, Oporto,and at Lisbon. IV-1.

Uva, Francisco de Sousa.-LRua do SaoPaulo 117-121, and Rua da Boavista110-112, Lisbon. IV-1.

Uva & Weltzien Ltda.-AgenciaKrupp.--Rua da Sao Paulo 117-121, andRua da Boavista 110-112, Lisbon. IV-1.

Weltzlen Kuno.-Rua de Sao Paulo117-121, and Rua da Boavlsta 110-112,Lisbon. IV-1.

DeletionsD'Olivelra, F., Ltda.-Rua Arco do Ban-

delia 112, Lisbon. I; IV-i.Rosario, Julio Ferreira do.-Rua dos

Fanqueiros 262, Lisbon. 1-1; IV-i.PORTUGUESE GUINEA

DeletionsBrandao, Manuel de Pinho.-Bolamna.

I; IV-1.Elawar & Co., Mahmud.-Bafata, Bis-

sau, and all branches In PortuguesoGuinea. 11-5; IV-1.

-Souleiman, Alatrach.-3afata, Blssau,and all branches In Portuguese Guinea,11-5; IV-1.

SPAIN AND POSSESSIONS

SpainAdditions and Aihendments

Areizasa, Anastaslo de.--Mazarredo 1,Bilbao. V-1.

Aresti, Jose.-Mazarredo 7, Bilbao.TV-i.

Arisqueta, Lino.-Mazarredo 7, Bilbao.IV-1.

A s t ig a r r a g a, Hijos de-Cla, Nay.Bachi.-Bertendona 4-1, Bilbao. fII-4;IV-1. Name amended from Astigarraga,HRios de.

Bachi, Cia. Nay. (Hijos de Astigar-raga) (Owners of S. S. "Bachi", "Bar-tolo", "Juan de Astigarraga", "Kauldi","Manuchu", and "Tom") .- Bertendona4-1,Bilbao. flI-4; IV-1. Name amendedfrom Bachia, Cia. Nay. (Owners of S. S."Bachi", "Bartolo", "Juan do Astigar-raga", 1 a u 1 d i", "Manuchu", and"Tom").

Benito del Valle y Hnos. (Sucrs. dola Viuda de Larrinaga) .- Bailen 5 and 7,Bilbao. 311-4; IV-1. Name amendedfrom Valle y Hnos., Benito do (Sucrs. dola Viuda de Larrinaga).

Buergi, Martin.-Via Layetana 23,Barcelona. - IV-1.

Cabrera, Angel.-Ave. Rfena Victoria28, Madrid. IV-1.

Churruca, Alfonso de.-Mazarredo 7,Bilbao. V-1.

Dana S. A. (Fabrica de Perfumeria).-Napoles 166, Barcelona, and at Madrid,IV-1.

Filmes Espanoles Soc. Anon, (S. A.F, E.) .- Marques de Riscal 10, Madrid,V-1.Forster, Max E.-Gandla. IV-1.Frutal, S. L.--andia. IV-1.

Gallart Girbal, Jose.-Palafrugell,-IV-1.Genover, Guillermo. - Palafrugell,

IV-1.

• 9674

FEDERAL REGISTER, Tuesday, November 21, 19-12Ghiata, Jon.-Hotel Urbis, Barcelona.

IV-1.Gomez Monche, Jose.-Genova 7,

Madrid. I; IV-I. Name amended fromGomes Monche, Jose.

Grilli, D. Renato.-Irun. M-2; IV-1.Name amended from Grilli, D. Renato(Owner of S. T. "Primer Enrique" andS. T. "Segundo Enrique").

Grizalba, Ruiz de.-Ave. Reina Victoria28 Madrid. IV-I.

Guardiola Sangenis, -Joaquin.-Plazade las Cortes 4, ladrid; and Plaza Te-

-t-dan 2, Barcelona. IV-1.Guzman Martinez, Enrique.-Maza-

rredo 7, Bilbao. IV-1.Hegin, Erika (Sra.. Riveras de la Por-

tilla) -Goya 67, Madrid. IV-I.Iglesias, Simon Felix.-Jimenez Que-

sada 2, Madrid; and Ribera 1, Bilbao.IV-1.

Iglesias S. L., Hijos de Felix.-Ribera1, Bilbao. IV-1.

Industrias Sanitarias S. A.-Ave. JoseAntonio Primo de Rivera, Barcelona, andall branches in Spain. 111-3; IV-1. Ad-dress amended from Paseo Gracia 48,Barcelona

Labourdette, Juan Bautista.-Ave.SalisIrun. fII-2; IV-1. Name amendedfrom Labourdette, Juan Batista.

Lipperheide, Francisco.-Norte 8, Va-lencia; and Via Layetana 15, Barcelona,and other addresses in Barcelona. IV-1.

Lipperheide, Jose.-Mazarredo 7, Bil-bao. IV-1.

Manufacturas Espanolas de Vidrio alSoplete S. A.-Rambla Cataluna 97, andAribau 153, Barcelona. 31-5; IV-1. Ad-dress amended from Badalona.

Marotta y d'Errico Construcciones S.L.-Caballero de Gracia 15, Madrid.IV-1.

Marotta; Miguel.-Caballero de Gracia15, Madrid. IV-1.

Palau, Emanuele. - Hotel Granvia,Madrid; and Hotel Oriente, Barcelona.IV-1.

Platte, Federico.-Al. Recalde 45, Bil-bao; and Ronda Universidad 33, Barce-lona. I; IV-1. Address amended fromA.L Recalde 45, Bilbao.

Productos Aromaticos Espanoles. -Consejo de Ciento 469, Barcelona. IV-1.

Rating, Otto.-Via Layetana 128, Bar-celona. IV-I.

Schultz, Jose. - Elcano 22, Bilbao.IV-1.

Sena, Gregorio.-Mazarredo 7, Bilbao.IV-1.

Deletions -

Mannos S. A., Cuchilleria.-Muntaner178, Barcelona. I; IV-1.

Ordinas Carrascosa, Juan.-Serrano91, Madrid; and Trafalgar 25, Barcelona.1-3; IV-l.

FERNANDO PO AND SPANISH GUINEA

Additions and AmendmentsElgorriaga Ayesteran, Francisco.-

Santa Isabel. IV-1.Sendros Roig, Salvador.-San Carlos

and Santa Isabel. IV-1.

SWEDEN

Additions and AmendmentsBahner, Ludwig.-Kilian Zollsgatan 7,

Malmo. 11-4; IV-1. Address amendedfrom Lund.

Ifiternat A/B.-Malmo. 31-4; IV-1.Address amended from Lund.

Jakobsson, David Sture Albert.-Stureplan 19, Stockholm. III-1; IV-1.Name amended from Jacobsson, DavidSturet Albert.

Jakobsson, .Irs. Karin Matilda.-Stureplan 19, Stockholm. M1l; IV-1.Name amended from Jacobnon, Mrs.Karin Matilda.

TrIpasin A/B.-Indkistrigatan 19, Mal-mo. IV-1.

Unic A/B.--Norrlandsgatan 31-33,Stockholm. I11-1; IV-I. Addressamended from Birger Jarlsgatan 5,Stockholm.

VaxJo Mekaniska Verkstad Nya A/B.-Vaxjo. IV-1.

SWITZERLAND

Additions and AmendmentsAubert, Jacques.-Bvd. du Theatre 5,

Geneva. IV-1."Bafinag" Bau-Finanzlerungs A. G.-

Postgasse (Bureau Dr. Kubli), Glarus.IV-I.

Bertrams A. G., Heinrlch.-Vogesenstr.101, Basel. IV-1.

Briket-Umschlags und Transport A.G.-Muttenz. IV-1.

Brupbacher, C. G.-Seefeldstr. 717,ZUrich. IV-1.

Cattoretti & FreL-Lugano. IV-1.Christoff, Sava.-Winterthurerstr. 304,

ZUrich. 111-1; IV-1. Address amendedfrom Stockerstr. 54, Zflrlch.

Faserstoffe A. G.-Untere Henne-buehlestr. 6, Zug; and Talstr. 83, ZUrlch.IV-1.

Fleig, A. G.-Burgfeldstr. 8, Basel.IV-I.

Ghlata, Jon.-Hotel Schwelzerhof, Zil-rich.. IV-1.

Glusfor S. A-VIa Soldini 25, Chi-asso. IV-I.

Gleerup, Peter.-Zolllkon. IV-i.Lentz, Dr. 0. H. Waldemar.-Hotel

Baur au Lao, ZUrlch. IV-1.Lerder, Helnuth.(ZIrlch. IV-1.IUn, Louls-Rue du Belvedere 2, Ge-

neva. IV-1.Maegerle A. G. Gebr., Uster Fabrlk fur

Werkzeugmaschnen und Vorrlchtungs-bau. -Uster, ZUrich. IV-1.

Magnesium, S. A., pour la Fabricationdu.-Ave. de ]a Gare 12, Lausanne. IV-1.

Mandel, Josef.-Hotel Schweizerhof,ZUrich. IV-1.

Martin-Aehard, Edmond.-Rue Dlday10, Geneva. IV-1.

Mercedes Buromasehinen A. G.-Tal-str. 11, ZUrich. IV-1.

Mumenthaler, Max.-Bahnbofstr. 61,ZUrich. m-2; IV-1. Name amendedfrom Mummenthaler, Max.

Mumenthaler, Walter.-Bahnofqual 7,Zilrich. m-2; IV-1. Name amendedfrom Mummenthaler, Walter.

Naef, Albert.-Neugasse 49, St. Gallen.IV-1.

'eptun" Transport und Schiffahrts A.G. ("Neptun" Societe de Transport deNavigation) .- Hafenstr. 19, Basel. IV-1.

Odermatt, Frl. Gerta L.-P. 0. Box 47,ZUrich-Neumunster, and Florastr. 21,ZUrlch. IV-I.

"Orient" Handels G. m. b. H. Brati-slava Zweigniederlassung Zurlch.-Loe-wenstr, 2, Zitrich. IV-I.

Oxyda A. G.-Talstr. 83, Zrich. IV-1.

"TransorlenV," S. A.-Loewenstr. 2, Zft-rich. IV-1.

Ultimo, A. G.-Borsenstr. 18, Zdrich.IV-1.

Unternehmungen und Bauarbalten A.G.-Bahnhofstr. 89, Zfrich. IV-1.

Weltmade A. G.-Seldengasse 17, Zd-rich. IV-1.

DeletionsKartro A. G.-Bahnhofstr. 86, ZUrich.

I; IV-1.Tarex S. A.-La- Jonction, Geneva. I;

IV-1.Vlasov, Alexander.-Lausanne. I;

IV-1.


Nllkitts, J. Erben, Suer. Richard Ni-tltlts.-Nur Han, Sirkeci, Istanbul. IV-1.

[F. R. Dac. 42-12216: Filed, November 20,1942;11:52 a. m.]

TITLE 24-HOUSING CREDIT

Chapter IV-Home Owner's LoanCorporation

[Bulletin No. 1311

PART 403-PopEnTy MANAGELENTDn'rslor BuxnLE

DISPOSITI0IT OF DEPOSIT

Section 403.10-15 is amended to readas follows:

§ 403.10-15 Disposition of deposit.Deposits of prospective purchasers re-ceived by the Property ManagementDivision shall be properly identified andpromptly turned over for safekeeping tothe Regional Treasurer who shall receiptfor same. Upon advice from the Re-gional Manager that the agreement forsale has been executed on behalf of theCorporation, the Regional Treasurershall promptly deposit such item; uponadvice from the Regional Manager thatthe agreement for sale has been rejectedby the Corporation, the Regional Treas-urer shall promptly fransmit such safe-keeping item to the Property Manage-ment Division which shall thereuponpromptly return such deposit to theparty entitled thereto, either directly orthrough the contract sales broker, andadviselhe broker and all other interestedparties of such rejection.(Secs. 4 (a), 4 (k), 48 Stat. 129, 132, asamended by sec. 13, 48 Stat. 647; 12U.S.C. 1463 (a), (k); E.O. 9070, 7 F.R.1529)

Effective November 1, 1942.Is M,,]J. Fancis M ooa,

Secretary.IF. R. Dc. 42-12205; Filed, November 21,1942;9:23 a. m.]

[Bulletin No. 123]

PART 407-TAsimy DrZviO:rREcniMPS, ETC.

Sections 407.21-6 and 407.21-15 of theCode of Federal Regulations are revoked.

9675

9676 FEDERA

The second paragraph of § 407.33-40is amended to read as follows:

§ 407.33-40 Receipts.- When author-ized by the Regional Manager to com-plete a transaction involving the sale ofnon-expendable or expendable property(including waste paper), the collectorshall issue Form 107 in exchange for themoneys received. The receipt must showthe name and address of the purchaser,the sale number and a notation as to thetype of material sold. The original shallbe given to the purchaser and the ac-counting copy must accompany the pay-ment to the collection office, where Form18-B-1 shall be prepared in quintuplicateand the original and two copies thereofIncluded In the transmittal to the Re-gional Treasurer, and one copy to theaccountable Regional Manager.

The first and third paragraphs of§ 407.52 are amended, respectively, toread as, follows:

§ 407.52 Requests to review absfiactsand other documents. Where a mort-gagor or the owner of the property onwhich the Corporation has a loan desiresto examine the abstract of title to his-property or any other document in thefile which he may be entitled to examine,he shall make his request to the RegionalTreasurer who shall permit the borroweror owner or his duly authorized agent toexamine such abstract or other documentin the regional office.

Where the Regional Counsel' detir-mines that it is necessary or desirablein connection with a contract of sale ofthe Corporation's property to deliver forexamination or -continuation any ab-stract, title policy or other evidence- oftitle, survey, plat or other documents inthe file to the contract purchaser or hisattorney, title company or abstract com-pany, he shall obtaii such documentsfrom the Regional Treasurer, and maydeliver the same or forward by mall orexpress to the contract purchaser or hisattorney, title company or abstract com-pany. Said transmittal may be througha fee attorney, tltli or abstract companyrepresenting the Corporation. Such doc-uments may likewise be forwarded bythe Regional Counsel to a fee attorney,title or abstract" company representingor acting for the Corporation for thepprpose of examination, continuation orany other purpose -in connection with asale of property. The expenses of anysuch transmittal and return expensesmay be paid by the Corporation as aCorporation expense. Receipts contain-ing an agreement to return as and whenrequired shall be taken.

(Secs. 4 (a), 4 (k), 48 Stat. 129, 132, asamended by sec. 13,48 Stat. 647; 12 U.S.C.1463 (a), (k); E.O. 9070, 7 FR. 1529)

Effective November 2, 1942.[SEAL] J. FRANC1iZ MOORE,

Secretary.

[P. R. Doc. 42-12203; Piled, November 21, 1942;9:29 a. m.]

L REGISTER, Tuesday, November 24, 1942

[Bulletin No. 127]

PART 410-PuRcHaSE AND SUPPLY SECTIONBULLETIN

EMERGENCY PURCHASES, ETC.Section 410.03 Is amended to read as

follows:§ 410.03 Emergency purchases. Pur-

chase of supplies and equipment not ex-ceeding $25.00 in any one instance maybe made by Regional Managers, underlimitations and procedure prescribed bythe General Manager with the approvalof the General Counsel, oK as may behereafter prescribed under the regula-tions of the Corporation. ,

The first paragraph of § 410.03-1 Isamended to read as follows:

§ 410.03-1 Purchases by Regional andState Managers. Regional -Managersmay purchase supplies in amounts notto exceed $25.00 in any one instancewithout prior approval 1rom the HomeOffice Purchase and Supply Section: Pro-vided, however, That such authority shallnot extend to typewriter repair chargesexceeding $10.00 or to the purchase ofnonexpendable equipment. Prior au-"thority must be obtained from the HomeOffice whe're the amount involved will ex-ceed $25.00.

The first paragraph of § 410.06-1 Isamended to read as follows:

§ 410.06-1 Sales of non-expendableand expendable property.- Except asotherwise provided, no sales.of non-ex-pendable property, and no 'sales'or otherdisposition of expendable property (in-cluding waste paper) may be made byany officer or employee without obtain-ing the prior written approval of theGeneral Manager, and requests for au-thority to sell non-expendable propertyor to sell or otherwise dispose ofrexpend-able property (including waste paper)shall be submitted to the Purchase andSuppl Section in the home office onForm 741, on which the accountable Re-gional Manager shall indicate the justi-fication for sale or other 'disposition.

The third paragraph of § 410.06-2 isamended to read as follows:

§ 410.06-2 Remittance by purchaser.*t * *

Where a sale of such property locatedat a field station is authorized and ap-,proved,-the purchaser shall make pay-ment therefor to the collection officeif such an office is maintained at thatplace, if there is no such collection office,the purchaser shall make payment toany loan service representative, propertymanagement representative, field super-visor or other empl6yee of the Loan Serv-ice or Property Management Divisionwho has .been specially authorized tomake collections from borrowers or.fromtenants or purchasers of real propertyand who 'is designated by the account-able office manager to receive the pur-chaser's payment in a particular case;and such persons may execute receiptstherefor on the appropriate form to the

purchaser. Such payments made to acollection office or to such other author-Ized person shall be handled, accountedfor and reported to and by the RegionalTreasurer as provided In Part 407 of thisChapter and Chapter "VII of the Con-solidated Manual.

The second paragraph of § 410.07b isamended to read as follows:

§ 410.07b Authorization to incur cx-pense. * * *

The authority herein conferred uponthe Director of the Purchase and SupplySection to certify as to receipt of andadministratively approve vouchers forpurchases and services may be exercisedalso by the Regional Managers, underprocedure and limitations prescribed bythe General Manager and the GeneralCounsel, or as may be hereafter pre-scribed under the regulations of theCorporation:

The third, fourth, and sixth para-graphs of § 410.07-1 are amended, re-spectively, to read as follows:

§ 410.07-1 Authorization to pay ex-pense. * * *

Payment for the purchase of such sup-plies, equipment and services as well asfor such recurring services, shall be madeon a properly prepared voucher certi-fied as to delivery and administrativelyapproved by the Director of the Pur-chase and Supply Section, when for thehome office and by the Regional Man-ager, when for field offices, for purchasespreviously authorized as provided in§ 410.07, and when duly certified forpayment by the Auditor.

Payment for. the purchase of lawbooks, law periodicals, law publicationsand like material for law libraries, asprovided In § 406.17 of Part 400, for thehome office, shall be made on properlyprepared vouchers certified as to de-livery and administratively approved bythe General Counsel, and when dulycertified for payment by the Auditor.For field offices, such vouchers shall besigned by the Regional Counsel, as re-ceiving officer, and forwarded to theGeneral Counsel in the home office forapproval.

Where it is to the definite advantageof the Corporation, a 10 percent over orunder delivery, In quantity only, may beaccepted at the discretion of the Directorof the Purchase and Supply Section,when for the home office and by theRegional Manager, when for field offices,on deliveries of supplies and forms only.Properly approved vouchers, Includingthis variation In quantity, shall be paidwhen certified for payment by the Audi-tor.(Sees. 4 (a), 4 (k), 48 Stat. 129, 132, asamended by sec. 13, 48 Stat. 647; 12 U.S.C.1463 (a), (k); E.O. 9070, 7 P.. 1529)

Effective November 2, 1942.[SEAL] J. FRAuICIS Moon,

Secretary.

[F. R. Doe. 42-12207; Filed, November 21,1042;9:30 a. m.]


[Bulletin No. 129]PART 411-PRsoNNEL DEPARTEn=T

FEES AND COSUSISSIONSSection 411.13 is amended to read as

follows:§ 411.13 Fees and commissions. Em-

ployees of the Corporation are prohibitedfrom receiving, directly or indirectly,fees, comnissions or other incidentalcompensation in connection with the saleor managemente of property securing amortgage or other lien held by the Cor-poration, or in connection with its realor personal property, or any other com-pensation or fees in connection with thebusiness of the Corporation not author-ized or provided by the Regulations ofthe Corporation.

Effective November 1, 1942.(Sees. 4 (a), 4 (k), 48 Stat. 129, 132, asamended by see. 13, 48 Stat. 647; 12U.S.C. 1463 (a), (k), E.O. 9070; 7 F.R.1529)

[SEAL] J. FRANCIS MOORE,Secretary.

[P. R. Doc. 42-12204; Filed, November 21,1942;9:29 a. m.]

[Bulletin No. 1391

PART 412-TRAvEL REGULATIONS; PER DimALLOwANcE

SECTION RENOMERED

Section 412.01-3 of the Code of FederalRegulations.is renumbered § 412.02-19.(Secs. 4 (a), 4 (k), 48 Stat. 129, 132, asamended by sec. 13, 48 Stat. 647; 12U.S.C. 1463 (a), k), E.O. 9070; 7 F.R.1529)

Effective November 15, 1942.[SEAL] J. FANcIs MooRE,

Secretary.

IF.R. Doc. 42-12206; Fied, November 21,1942;9:30 a. m.]

[Bulletin No. 133]

PART 413-RENTAL AND CONTRACTSFUNCTIONS, APPROVAL OF LEASE, ETC.

Section 413.00 is amended to read asfollows:

§ 413.00 Functions. The Treasurer ofthe Corporation is responsible for thesafekeeping of all leases and contractsmade in behalf of the Corporation foroffice space and electric and telephoneservice used in connection with office,space of the Corporation, while same arein his custody; and the Rental andContracts Section, under his controland direction, shall maintain necessaryrecords in connection therewith. TheTreasurer is authorized to transmit tothe General Accounting Office any andall papers and documents requested bythat office pursuant to law.

All leases or contracts for the rentalof office space shall be approved by theGeneral.Manager with the advice of theGeneral Counsel.

Prior to the execution of any contractfor electric service, except where pay-ment for such service in accordance with

the lease is included in the monthlyrental or is to be made to the lessor basedon meter readings (at approved rates ofthe Public Utilities Commission of theState), the approval of the GeneralManager, with the advice of the GeneralCounsel, is required.

Contracts for telephone service may beexecuted by the General Manager withthe advice of the General Counsel; suchcontracts for service for regional officesand field stations may be executed by theRegional Manager with the advice of theRegional Counsel.

Section 413.00-2 is amended to read asfollows:

§ 413.00-2 Approval of lease. Man-agers in field offices shall make all reas-onable effort to obtain space in a Fed-eral, State,' municipal or other publicbuilding, free of charge. When freespace is not obtainable, requests for au-thority to lease office space shall beforwarded to the Treasurer in the homeoffice who, after obtaining approval ofthe General Counsel as to the form oflease, shall submit the request and leaseto the General Manager for approval.When necessary approvals have been ob-tained, the' Treasurer will notify theManager who r~quested authority tolease office space, and upon receipt ofsuch notification the Manager is au-thorized to execute the lease on behalf ofthe Corporation.


§413.00-3 Payment of rent. Thestandard Corporation form of lease pro-vides that payment for rent shall bemade at the end of each monthly period.Vouchers for the payment of rent shallbe prepared monthly on Standard Gov-ernment Form 1034, approved by the Re-gional Manager having jurisdiction andforwarded to the Auditor. Upon admin-istrative certification of the vouchers bythe Auditor, payment will be made directto the payees by the Treasurer of theCorporation.


§ 413.00-5 Telephone service. Con-tracts for monthly telephone service inthe regional offices and field stationsshall be prepared in quadruplicate onHOLC Form 706 (Standard GovernmentFofm 40, Revised), in accordance withinstructions for the use of that form.Such contracts when executed shall beforwarded to the Treasurer in the homeoffice.

The Regional Manager is authorizedto approve vouchers covering telephoneservices rendered the offices within hisjurisdiction under properly approvedcontract.


§ 413.00-6 Contracts for electric serv-ice. In those cases where the lease ofoffice space does not provide for the pay-ment of electric service to the lessor,either In the form of rental, or on thebasis of meter readings as stipulated inthe rental agreement, and It Is necessaryto contract for such service with a per-son or company other than the lessor,thq request to execute such contract shall

be forwarded to the Treasurer In thehome office. The contract for electricservice shall not be executed by the Re-gional Manager until receipt of noticefrom the Treasurer that the GeneralManager has approved the request.

Contrrats for electric service shall beprepared In quadruplicate on U. S. Stand-ard Government Form 33, Revised, andforwarded to the Treasurer in the homeoffice.

The Regional Managers are authorizedto approve vouchers covering electricservice rendered the offices within theirrespeqtlve jurisdictions under properlyapproved contracts.

Section 413.03 is amended to read asfollows:

§ 413.03 Cancelation of rental agree-ments. When the rented office spacefor a regional office, field station or col-lection office Is released in whole or inpart, written notice on forms providedtherefor as required under the terms ofthe leae shall be given by the official di-rectly supervising such office or stationto the lessor or his agent, Identifyingthe space to be released and designatingthe effective date for the operation of thereleasd. The Treasurer shall submit astatement of the space to be released andthe space to be retained and the costthereof to the General Manager, whos authorized to approve the same.


§ 413.03-1 Notice of cancelation.Three copies of the notice of the cancela-tion, Form 74-A, of lease or rental con-tracts, whether In whole or in part,showing the acceptance In writing by thelessor shall be forwarded through theRegional Manager to the Treasurer inthe home office.


§ 413.03-2 Forms used. On the ef-fective date for the release of space,In whole. or in part, the manager of theoffice concerned shall cause to be executedby the lessor Form 147, 147-A, 147-Bor 147-C for space to be released in wholeor in part, and forward the original andtwo copies thereof to 'the Treasurer inthe home office.(Secs. 4 (a), 4 (k), 48 Stat. 129, 132, asamended by sec. 13,48 Stat. 647; 12 U.S.C.1463 (a), (t); E.O. 9070, 7 F.R. 1529)

Effective November 1, 1942.sm L] J. FRNcIs MOORE,

Secretary.IF. H. Mec. 42-12202; Filed, zNovember 21,1942;

9:23 a. m.]

TITLE 25-NDIANS

Chapter I-Office of Indian Affairs

Subehapter --Tradinz With Indians

PART 277-T=Ezs oN NAvAJo, Zuir, AmHOPI RESERVATIONS 1

EECOaD,, RPOR S, ETC.

Sections 227.7, 277.16, 277.21 areamended to read as follows:

13 P.R. 1630.

9677

FEDERAL REGISTER, TUesday, November 24, 1942

§ 277.7 Records, reports and obliga-tions of traders. Each trader shall keepin a form approved by the Commissionerof Indian Affairs accurate records of hisbusiness activities and render annuallynot later than March 1 a report to thesuperintendent showing capital invest-ment, Increases and withdrawals,whether in the form of cash, merchan-dise, or other property; the value ofbuildings and improvements, furnishingsand fixtures, miscellaneous assets suchas automobiles, trucks, or other propertyessential to the business; a complete rec-ord of all liabilities, including accounts,bills and.notes payable, and the amountof cash received and disbursed, balances,whether on hand, on deposit, or due thestore; the accounts, and notes receivable,and the pawns or pledges taken. Thenames and respective interests of all per-sons participating in thd business shallbe furnished.

The price of all articles of merchan-dise placed on sale shall be plainly andvisibly marked by tlre trader. (See. 5,19 Stat. 200, 31 Stat. 1066; Sec. 10, 32Stat. 1009; 25 U.S.C. 261, 262)

§ 277.16 Security. Traders may ac-cept pawns o: pledges of personal prop-erty for security of accounts due to themby Indians. Traders shall be liable forthe market value of all pawns or pledgesheld by them. The market value shallbe settled by agreement between the In-dian and the trader at the time of thetransaction. In all cases where pawnsor pledges are accepted by the trader awritten receipt shall be given the Indianshowing (a) the date of the transaction,(b) the nature of the pawn or pledge,(c) the amount loaned thereon, and (d)its market value as agreed upon betweenthe Indian and the trader. A pawn orpledge not redeemed within 11 monthsshall be displayed in a conspicuous placein the trader's store for a period of 30days together with a notice stating-thatunless the amount due, which shall bespecified, is paid before the expirationof the 30 days, such pawn or pledge willbe forfeited. At the expiration of 12months from the date of the originalloan, a pawn or pledge not redeemedshall become the property of the trader,in which event the amount due shall be-cancelled on the trader's books. Noticeof such cancellation shall be given in-writing to the interested Indian.

On the Navajo Reservation the p-riodfor the redemption of a pawn or pledgeshall be 6 months unless at least 30 daysprior to the expiration of such period notless than 25% of the amount due has beenpaid, in which case the redemption periodshall be 8 months; an additional periodof two months shall be added to the re-demption period for every additional 25%of the amount due that may be paid. Theprovisions of the first paragraph of thissection with respect to display, forfeiture,and payment within any 30 days period ofgrace, shall be applicable also to pawnsor pledges taken on the Navajo Reserva-tion. (Sec. 5, 19 Stat 200, 31 Stat. 1066;Sec. 10, 32 Stat. 1009; 25 U.S.C. 261, 262)

§ 277.21 License fee. Every licensedtrader shall pay in advance a license feeof $25.00 a year for the privilege of trad-ing with the Indians. The fee when re-ceived shall be deposited to the credit ofthe account "Indian Moneys, Proceeds ofLabor, Navajo Agency (or Hopi or UnitedPueblos Agency) " and placed at the dis-posal of the superintendent to NET ex-pended by him in the enforcement of theregulations in this part.

On the Navajo Reservation, this licensefee shall be paid on the basis of a calendaryear regardless of any change in man-agement or ownership of the businesscovered by the license unless the licensebe cancelled for cause. When a licenseis issued following the cancellation of alicense for cause or when a new businessis established after the beginning of acalendar year, the license fee shall bedetermined on a quarterly basis, but thequarterly fee of $6.25 shall be chargedalso for a fraction of any quarter of ayear. A transfer fee of $5.00 shall be col-lected whenever a still unexpired licenseis transferred or assigned during a cal-endar year to a new owner or manager ofa trader's business.

Deposits made by a temporary licenseeunder this part Is provided by § 277.12shall be refunded in the event a license isnot issued unless the temporary licenseeconducts a trading business during theperiod of temjborary operation in whichevent the temporary licensee shall becharged a fee on the quarterly basis forthe period during which the business wasconducted and the balance of the depositshall be refunded. (See. 5, 19 Stat. 200,31 Stat. 1066; Sec. 10, 32 Stat. 1009; 25U.S.C. 261, 262) A L-OSCAR L. CHAPMAN,-

Assistant Secretary.NOVEMBER 5, 1942.

[P.R. Doc. 42-12222; Filed, November 21, 1942;10:20 a. In.]

TITLE 32-NATIONAL DEFENSE

Chapter YI-Selective Service System[Amendment 94, 2d Ed.]

PART 614--GROUPING AND SERIAL NUMBER-ING REGISTRATION CARDS

MISCELLANEOUS ALENDIENTS'

By authority vested in me as Directorof Selective Service under 54 Stat. 885;50 U.S.C., Sup. 301-318, inclusive; E.O.No. 8545, 5 F.R. 3779, Selective ServiceRegulations, Second Edition, are herebyamended in the following respect:

1. Amend paragraph (b) of § 614.6"toread as follows:

§ 614.6 Registrants residing withinthe local board area; grouping of Reg-istration Cards. * * *

(b) The local board shall place inGroup 1 the Registration Card (Form 1)of each registrant whose date of birth asgiven on line 5 of such card shows that heis within the age group required to beregistered by the first proclamation of

I See issues of January 20 and June 20, 1942.

the President. Each succeeding procla-mation added a new age group. Thelocal board shall place In Group 2 theRegistration Card (Form 1) of eachregistrant in the new age group added bythe second proclamatibn of the Presi-dent, shall place in Group 3 the Registra-tion Card (Form 1) of each registrant Inthe new age group added by the thirdproclamation of the President, shallplace in Group 4 the Registration Card(Form 1) of each registrant In the newage group added by the fourth procla-mation of the President, shall place InGroup 5 the Registration Card (Form 1)of each registrant in the new age groupadded by the fifth proclamation of thePresident, and shall place in Group 6 theRegistration Card (Form 1) of eachregistrant in the new age group added bythe sixth proclamation of the President.After carefully checking the date of birthof the registrant as set out In answer toquestion 5 on the face of the Registra-tion Card (Form 1), the local board shallplace each card in the group In which Itbelongs. The following' table will assistthe local board to determine the group inwhich each Registration Card (Form 1)should be placed:

TABLE OP AE. Gnours

Group 1. Registrants born on or afterOctober 17, 1904, and born on or beforeOctober 16, 1919.

Group 2. Registrants born on or afterOctober 17, 1919, and born on or before July'1, 1920.

Group 3. Registrants born on or afterJuly 2, 1920, and born on or before December31, 1921; and registrants born on or afterFebruary 17, 1897, and born on or beforeOctober 16, 1904.

Group 4. Registrants born on or afterApril 28, 1877, and born on or before Febru-ary 16, 1897.

Group 5. Registrants born on or afterJanuary 1, 1922, and born on or before Jun30, 1924.

Group 6. Registrants born on or afterJuly 1, 1924, and born on or before December31, 1924; and those reaching the eighteenthanniversary of the day of their birth on orafter January 1, 1943.

These regulations will hereinafter referto Registration Cards (Form 1) or rbgls-trants as being In "Group 1," "Group 2,""Group 3," "Group 4," "Group ," or"Group 6." Whenever such reference Ismade, it is intended that the determina-tion of the group In which a particularRegistration Card (Form 1) or regis-trant belongs will be made by using theforegoing table.

2. Amend § 614.21 to read as follows:

§,614.21 Chairman to call meeting.The chairman of the local board shallconvene a meeting of his local boardsome'time during the week of January 4,1943. At this meeting, the local boardshall complete the steps set forth in§§ 614.22 to 614.27, inclusive.

3. Amend the regulations by adding anew section to be known as § 614.24-3 toread as follows:

§ 614.24-3 Disposition of RegistrationCards in Group 5. (a) A strip shall becut from an unused gray'-coloded Regis-tration Card (Form 1) and pasted across

9678


the top of the face of each RegistrationCard (Form 1) in Group 5.

(b) The Registration Cards (Form 1)in Group 5 shall then be given late-registrant serial numbers in the mannerprovided in Part 616.


§ 614.25 Serial numbering Registra-tion Cards in Group 6. (a) The localboard shall arrange the RegictrationCards (Form 1) of registrants in Group6 in :a pile according to their respective'dates of birth so that the cards of regis-trants born on July 1, 1924, will be on thetop, the cards of registrants born on July2, 1924, will follow the cards of those bornon July 1, 1924, the cards of registrantsborn on July 3, 1924, vill follow thecards of those born on July 2, 1924, andso onto the bottom of the pilewhere thecards.of those born on December 31.1924.will be located. Thereafter the cards ofregistrants born on or after January 1,1925, will be placed on the bottom of theVplle, chronologically, according to theirbirth dates. 'When the localboard hascards for two or more registrants bornon-the same date, such cards shall bearranged in alphabetical order.

(b) If a Registration Card (Form 1)of a registrant in Group 6 is receivedfrom another local board before thecommencement of serial numbering ofregistration Cards (Form 1) in Group 6and the other local board has errone-ously entered a serial number thereon,zuch serial number shall be crossed outand the card shall be arranged in thepile of Registration Cards (Form 1) ofTegistrants in Group 6 in the manner-provided in paragraph (a) of this sec-tion and shall be given a new serial num--er in the manner provided in -paragraph(c) of this section.

(c) The local board shall then placeon each Registration Card (Form 1) inGroup -6 a serial number. Each serialinumber in Group 6 shall be preceded bythe letter "W." The top cart in theVie shall be numbered "W-1," the cardnext to the top shall be numbered"W-2.1and so on- until all cards are numberedconsecutively. No serial number shouldbe skipped or used more'than once. Itis of vital-importance that great care beused in arranging the cards according tothe birth dates of the registrants (andalphabetically as to the registrants bornon the same date). If any card, not inits proper place, is given an erroneousserial number, such serial number shallbe canceled anfd the card shall be treatedas if it were the card of a late registrantand shall be giveira serial number in themanner provided in Part 616. No cardreceived after the serial numbering iscommenced shall be included, but suchcard shall be treated as the card of alate registrant and shall be serial num-bered inthe manner provided inPart 616.-

5. Amend §-614.26 to read as follows:§614.26 Preparing lists of registrants

in Group 6. When the serial numberingof Registration Cards (Form 1) in Group6 for registrants who became 18 years ofage on or before December 31, 1942, hasbeen completed and carefully checked,the local board shall make up at leastfour copies of List of Registrants (Form

No. 230-5

3B) for such group which shall be dis-posed of in the manner provided in§ 615.41. Registrants will bellstedintheorder of their serial numbers with thename of the registrant having "W-1" atthe top of the list. As each page of theList of Registrants (Form 3B) is com-pleted, a check should be made of thecolumn containing the dates of birth ofthe registrants to be sure that all reals-trants listed on the page have receivedtheir serial numbers In the proper order.All serial, numbers from 'W-1" to thelargest "W" serial number used shall belisted. At the time serial numbers arebeing placed on the List of Registrants(Form 3B), order numbers may also beentered thereon in the manner providedin paragraph (b) of § 015.41.

6. Amend § 614.27 to read as follows:§ 614.27 Report of serial numbering.

(a) "As soon as possible after complet-ing serial numbering of RegistrationCards (Form 1), the local board shallmake the following report to the StateDirector of Selective Service:

Registration Cards (Form 1) for the clutregistration E-ar al numbered. Largeat rernlnumber alsned to regtrtrant born on orafter July 1, 1924. and on or bcforc nzccm-ber 31. 1924, is %V -.....

(b) As soon as possible, the State Di-rector of Selective Service shall advisethe Director of Selective Service the totalnumber of registrants in his State bornon or after July 1, 1924, and on or beforeDecember 31, 1924, who were assigned"W" serial numbers In the sL':th registra-tion.

7. Amend § 614.41 to read as follows:§ 614.41 Putting serial numbers on

Registration Cards. The serial numbersshall be placed on the Registration Cards(Form 1) in black ink, either in pen andink or by rubber stamp. Each ReLstm-tion Card (Form 1) shall have one, andonly one, whole serial number, such as"W-267." Each serial number shall beused only once. _If either the serial num-ber or the Registration Card (Form 1)bearing the serial number Is canceledfor any reason, the serial number shallnot be used again.

8. Amend paragraph (b) of § 614.44 toread as follows:

§ 614.44 Registration cards with twoserial numbers. * * *

(b) When a Registration Card (Form1) of a registrant in Group 5 or Group6 has been erroneously given two serialnumbers and either of the serial numbersis the correct serial number for such reg-istrant, the other serial number shall becanceled by drawing a line through It.If neither of the serial numbers is thecorrect serial number for such registrant,both serial numbers shall be canceled bydrawing lines through them. the card-shall then be treated as if it we-e thecard of a late registrant, and a serialnumber shall be assigned to It in the.manner provided in Part 616.

9. Amend paragraph (b) of § 614.45to read as follows:

§ 614.45 Registration Cards of tworegistrants witlh same serial number.* * *

(b) If the Registration Card (Fori 1)of two different registrants in Group 5or Group 6 have the same serial number,the correct serial number of each reg-istrant shall be ascertained. If eitherof the cards has the correct serial num-ber, such card shall retain such serialnumber. The number on the other cardshall be canceled and the card treat .das if It were that of a late registrastand a serial number assigned to it in themanner provided in Part 616. If neith-rof the cards has the correct serial num-ber, the numbers on each card shall icanceled and eacr card shall be treatedas f It were that of a late registrant anda serial number assigned to it in themanner provided In Part 616.

10. Aniend paragraph (b) of § 614A6to read as follows:

§2614.46 Serial numbering when l calboard has two Registration Cards for thesame registrant. * * *

(b)-When a local board has two cardsIn the same group for the same regis-trant:

(1) If the registrant belongs to Group4, Group 5, or Group 6, the local boardshall select one card and cancel the othercard by marking It "Canceled-Dupli-cate."

(2) If the registrant belongs to Group1, Group 2, or Group 3, the local boardshall treat the cards just as if they werethe cards of two different registrants sofar as serial numbering Is concerned.The card having the serial number whichcomes first in the applicable nationalmaster list shall be given its proper ordernumber and the other card shall bemarked "Canceled-Duplicate."

11. The foregoing amendments to theSeective Service Regulations shell beeffective Immediately upon the filinghereof with the Division of the FederalRegister.

LwIs B.m ,Director.

Novm xE 20, 1942.

IF. R. Dac. 42-12179;Filed, lIovembLr 20, 1942;3:11 p. m.]

[Amendment 95. 2d Ed.]PAnr 615-Assim-mrr or On=Dr Nu=z-s

=-CzLLUsO1US AMMMMEM'

BY authority vested in me as Director.of Selective Service under 54 Stat. 835;50 U. S. C., Sup. 301-318. inclusive; E. 0.8545, 5 P. R. 3779, Selective Service Reg-ulations, Second Edition, are herebyamended in the following respect:


§ 615.35 Procedure. The regulationswhich governed the assignment of ordernumbers to registrants properly regis-tered on gray-colored Registration Cards(Form 1), 1. e., registrants in Group 5:Provided, That when the assignment ofserial numbers has been compieted andcarefully checked, registrants in Group5 shall be assigned order numbers in thefollowing manner:

2 Sco "u-- of April 8 and June 20, 1942.

96079


The registrant in Group 5 having theRegistration Card (Form 1) bearingserial number "N-i" shall be given theorder number immediately following thehighest order number assigned by thelocal board to a registrant in Group 3.Consecutive order numbers shall thenbe assigned to the remaining-registrantsin Group 5. Example: Assume that in a"local board the highest order numberwhich has been assigned to a registrantin Group 3 is 11,123, then the registrantwith serial number "N-i" in Group 5shall receive Order Number 11,124, theregistrant in Group 5 with serial number"N-2" shall receive Order Number 11,125,the registrant in Group 5 with serialnumber "N-3" shall receive Order Num-ber 11,126, and so on until all of the reg-istrants in Group 5 have received anorder number.

2. Amend the regulations by adding anew section to be known as § 615.36 toread as follows:

§ 615.36 Procedure. When the as-signment of serial numbers has beencompleted and carefully checked, regis-trants In Group 6 shall be assigned ordernumbers In the following manner:

The registrant in Group 6 having theRegistration Card (Form -1) bearingserial number "W-1" shall be given theorder number immediately following thehighest order number assigned by the, local board to a registrant in Group 5.Consecutive order numbers shall then beassigned to the remaining registrantsIn Group 6. Example: Assume that In alocal board the highest .order numberwhich has been assigned to a registrantin Group 5 is 12,111, then the registrantwith serial number "W-1" in Group 6shall receive Order Number 12,112. theregistrant In Group 6 with serial number"W-2" shall receive Order Number12,113, the registrant in Group 6 withserial number "W-3" shall receive OrderNumber 12,114 and so on until all of theregistrants in Group 6 have received anorder number.

3. Amend § 615.41 to\read as follows:

§ 615.41 Preparation, posting, and dis-tribution of List of Registrants. (a)During or immediately after completingthe order numbering of RegistrationCards (Form 1) in Group 6 for regis-trants who became 18 years of age on orbefore December 31, 1942, the order num-bers shall be entered upon the List ofRegistrants (Form 3B). (See § 614.26.)

(b) As soon as all registrants in Group6 who became 18 years of age on or be-fore December 31, 1942, have been placedupon the List of Registrants (Form 3B)and their serial and order numbers havebeen entered in the proper columns, onecopy shall be posted in a public place inthe office of the local board; one copyshall be maintained at all times in thefiles of the local board; and two copiesshall be forwarded to the State Directorof Selective Service, one to be filed in hisrecords and one to be forwarded to theDirector of Selective Service, at the Gim-

bel Building, Philadelphia, Pennsylvania.The local board should also furnish asmany copies as possible of the List ofRegistrants (Form 3B) to the press, ra-dio, and other mediums of publication.

(c) After the List of Registrants(Form 3B) has-been prepared fox theregistrants in Group 6, as set forth inparagraph (a) of this section, a List of

,Registrants (Form 3B) shall be preparedonce each month on the last day there-of. All registrants who have registeredduring the month, regardless of thegroup to which they belong, shall belisted on such monthly list of registrantsand they shall be distributed as providedin § 616.41.


§615.42 Placing registrants" namesand-order numbers in Classification Rec-ord. (a) The Classification Record(Form 100) was started at the time ordernumbers were assigned to registrants inGroup 1 following the first national lot-tery. The names and order numbers ofregistrants in Group 1 commenced onpage 1 of the Classification Record(Form 100). When order numbers wereassigned to registrants in Group 2 imme-diately following the second national lot-tery, the names and order numbers ofsuch registrants were placed In theClassification Record (Form 100) com-mencing oi a new page numbered 2.001.This was done in order to keep the listof registrants in Group 2 separated fromthe list of registrants in Group 1 in theClassification Record (Form 100). Ina similar manner, when the registrantsin Group 3 were listed in the Classifi-cation Record (Form 100) numerically,according to their order numbers, withOrder Number 10,001 at the top, suchlist was commenced upon a new pagenumbered 3,001. Registrants in 6roup4 were not listed in the ClassificationRecord (Form 100). The names and or-der numbers of registrants in Group 5were listed in the Classification Record(Form 100) numerically, according totheir order numbers, immediately fol-lowing the name and order nuimber ofthe registrant in Group 3 to whom thelocal board had assigned the highest or-der number in Group 3.

(b) The names and order numbers ofregistrants in Group 6 shall be listed inthe Classification Record (Form 100) nu-merically, according to their orde'num-bers, immediately following the name andorder number of the registrant in -Group5 to whom the local board has assignedthe highest order number in Group 5.In the example given in § 615.36, the*registrant in Group 5 to whom thelocal board assigned the highest ordernumber in Groiup 5 was 12,111 and thename and order number would appear Inthe Classification Record (Form 100) asthe last registrant of Group 5. The reg-istrant in Group 6 who had serial num-ber "W-1" would be given Order Num-ber 12,112, and his name and order num-

her would be entered in the Classifica-tion Record (Form 100) on the lineimmediately following the name of theregistrant in Group 5 having OrderNumber 12,111.

5. Amend § 615.43 to read as follows:§ 615.43 Preparation of cover sheets

and filing folders. (a) After each regis-trant In Group 1, Group 2, Group 3,Group 5, or Groul5 6 is listed in the Classi-fication Record (Form 100), the localboard shall open an Individual file forhim by preparing a Cover Sheet (Form53). These Cover Sheets (Form 53) shallbe maintained In a file in the local board,Every paper pertaining to the registrantexcept his Registration Card (Form 1)shall be filed in his Cover Sheet (Form53). '

(b) The local board shall also open anindividual file for each registrant inGroup 4 by preparing a Filing Folder(Form 54). No Cover Sh6et (Form 53)shall be made for registrants in Group 4.Filing Folders (Form 54) for registrantsin Group 4 shall be maintained In a fileseparate and apart from the file of CoverSheets (Form 53) of the registrants inGroup 1, Group 2, Group 3, Group 5, andGroup 6. Every paper pertaining to theregistrant in Group 4 except his Regis-tration Card (Form 1) shall be flied Inhis Filing Folder (Form 54).

6. Amend § 615.44 to read as follows:§ 615.44 Registration Cards to be filed

alphabetically. (a) After entering thename and order number of a registrantin Group 1, Group 2, Group 3, Group 5,or Group 6 in the Classification Record(Form 100), the local board shall file hisRegistration Card (Form 1) in an alpha-betical file of Registration Cards (Form1) of such registrants.

(b) The local board shall file theRegistration Card (Form 1) of eachregistrant in Group 4 In an alphabeticalfile of Registration Cards (Form 1) ofsuch registrants which shall be main-tained separate and distinct from thealphabetical file of Registration Cards(Form 1) for registrants In Group 1,Group 2, Group 3, Group 5, and Group 6,

7. The foregoing amendments to theSelective Service Regulations shall beeffective Immediately upon the filinghereof with the Division of the FederalRegister.

LEwis B. HERSHEY,Director.

NOVEMBER 0, 1942.[F. R. Doe. 42-12180; Filed, November 20, 1942;

3:11 p. m.]

[Amendment 06, 2d Ed.]

PART 616--LATE REGISTRATIONDUScELLANEOUS AMENDMENTS 1

By authority vested In me as Directorof Selective Service under 54 Stat. 885;

1See Issue of Juno 20, 1942.

9680


50 U.S.C., Sup. 301-318, inclusive; E.O.No. 8545, 5 F.R. 3779. Selective ServiceRegulations, Second Edition, are herebyamended in the following respect:

1. Amend the regulations by adding anew section to be known as § 616.7 toread as follows:.§ 616.7 Registration of late registrants

in Group 6. Any person in the age grouprequired to be registered for the firsttime from December 11 to December 31,1942, inclusive, the days fixed by thePresident for -the sixth registration (reg-istrants in Group 6), who has not here-tofore registered, may present himselffor and submit to registration before anylochl board. Each such person shall beregistered ona revised gray-colored Reg-istration Card (Form- 1) and shall beissued a Registration Certificate (Form2).


§ 616.5 Serial numbering; late reg-istrants in Group 6.- When the localboard is satisfied that it has jurisdictionover a late registrant in Group 6, a serialnumber shall be placed on his Registra-tion Card (Form 1) in the following man-ner: The local board shall determine theserial number which would have beenplaced upon his-Registration Card (Form1) had it been received by the local boardprior to the commencement of serialnumbering of Registration Cards (Form1) of registrants in Group 6. This shallbe done by referring to the date of birthon his Registration Card (Form 1) andto the ist of Registrants (Form 3B) forregistrants in .Group 6, ascertainingtherefrom the place his card would havebeen located had his card been receivedby the local board before it started toassign serial numbers to registrants inGroup 6. The local board shall thenplace on his Registration Card (Form 1)the serial number preceding the onewhich he would have had and shall addaletter after such number. For example:If he would have received "W-217.' ashis serial number had his card been re-ceived by the local board before the com-mencement of serial numbering of Reg-istration Cards (Form 1) of registrantsin Group 6, he will be given serial number'V-216;A2"

3. Amend the regulations by addinga new section to be known as § 616.36 toread as follows:

§ 616.36 Assigning order -umbers toGroup 6 registrants wlose RegistrationCards are received late. When a lateRegistration Card (Form 1) in Group 6has been given a serial number underthe provisions of this part, the localboard shall refer to the List of Regis-trants (Form 3B) for registrants inGroup 6 to determine the order numberthe registrant would have been givenhad his Registration Card (Form 1) beenreceived by the local board prior to thetime it commenced to serial number Reg-

istration Cards (Form 1) of registrantsin Group 6 and shall assign to theregistrant the order number precedingthe one he would have been assignedwith a letter added to It. For example:If the registrant would have received" -217" as his serial number had hiscard been received before the commence-ment of serial numbering of RegistrationCards (Form 1) of registrants In Group6, he would, under the provisions of sec-tIon 616.25 be given serial number "W-216A." Therefore, If the registrant withserial number "W-217" (the serial num-ber which the late registrant would havebeen given had his card been received ontime) was given order number "15,254,"'the late registrant would be given ordernumber "15,253A."


§ 616.41 Entries on and disposition ofList of Registrants. (a) When the Reg-istration Card (Form 1) of a registrantis received late. the local board shll addthe name, serial number, and (except Inthe case of a registrant In Group 4) theorder number of such registrant to theoffice file-copy and the publicly postedcopy of the.Ist of Registrants (Form,3B).

(b) At the end of each month whenthe names of the registrants who reg-istered during that month are added tothe office file copy and the publiclyposted copy of the List of Registrants(Form 3B), the same information shallbe placed upon two copies of a Lst ofRegistrants (Form 3B), both of whichshall be forwarded to the State :rectorof Selective Service. The State Directorof Selective Service shall file one suchList of Registrants (Form 3B) and shallforward to the Director of SelectiveService. Gimbel Building, Philadelphia,Pennsylvania, the other copy of such Listof Registrants (Form 3B).


§ 616.42 Entries in Class fication Rec-ord. The local board shall enter thename, serial number, and order numberof each registrant in Group 1, Group 2,Group 3, Group 5, or Group 6 whozeRegistration Card (Form 1) is receivedlate in the Classification Record (Form100) following the names, serial num-bers, and order numbers of the regis-trants in the age group to which suchregistrant belengs. To make certainthat the case of such registrant is han-dled in its proper turn. the local boardshall insert an "R," followed by the pageon which his name appears in the CL-,'I-fication Record (Form 100), in the col-umn of order numbers in the Cla.sifca-tion Record (Form 100) at the placewhere the order number of such regis-trant would have appeared in the Classi-fication Record (Form 100) had his Reg-istration Card (Form 1) been receivedon time. For example: If the registrantis in Group 1, his order number is 83A,and his name appears on page 30 of theClassification Record (Form 100), print

'S page 30" between Order Numbers 83and 84.


§ 616.43 Preparation, of corer sheetsand filing folders. For each registrantin Group 1, Group 2, Group 3, Group 5,or Group 6 whose Registration Card(Form 1) is received late, the local boardshall prepare a Cover Sheet (Form 53)and place It in the appropriate file. Foreach registrant in Group 4 whose Regis-tration Card (Form 1) is received late,the local board shall prepare a FilingFolder (Form 54) and place it in theappropriate file.

7. Amend § 616.45 to read as follows:§ 61.45 WhenSelectfve Serice Ques-

tiounalre is mailed immediately. IfSelective Service Questionnaires (Form40) have been mailed to registrants inGroup 1, Group 2, Group 3, Group 5, orGroup 6 who have larger order numbersthan the registrant whose RegistrationCard (Form 1) is received late, the localboard shall immediately mail to theregistrant whose Registration Card(Form 1) is received late his SelectiveService Questionnaire (Form 40).

8. The foregoing amendments to theSelective Service Regulations shall beeffective immediately upon the filinghereof with the Division of the FederalRegister.

Lzwis B. Hrmns ,Director.

Novmna 20, 1942.

[P. n. Dc- 42-12181: Filed, November 20,1942;3:11 p. m]

[Amendment 97, 2d F&d]

PAnr 621-QU oA A - =flRIron mro; To BE UsD nCLAssI rMGRsEcls==SZIAnMG oCCUPAr1oNAL x ETIOn2UIEEBy authority vested in me as Director

of Selective Service under 54 Stat. 885;50 U.S.C., Sup. 301-318. inclusive; E.O.No. 8545, 5 P.R. 3779. Selective ServiceRegulations, Second Edition, are herebyamended in the following respect:

1. Amend paragraph (b) of § 621111to read as follows:

§ 62111 Mafling occupatiorZ ques-tionnafre. 0 0 *

Wb) When a Selective Service Occu-pational Questionnaire (Form 311) ismailed to a registrant prior to his beinglisted In the Class1fcalon Record (Form100) the date of mailing shall be notedon the List or Registrants (Form 3B).After the Classification Record (Form100) has been prepared, the date of mail-ing shall be noted thereon in one of theblank columns of the ClassificationRecord C (Form 100A).

2. The foregoing amendment to theSelective Service Regulations shall be

I See "-ua of March 17, 1942.

96S1


effective immediately upon the filinghereof with the Division of the FederalRegister.

LEWis B. HERSHEY,Director.

NOVEMBER 20, 1942.

IF. R. Doe. 42-12182; Filed, November 20, 1942;3:11 p. in.]

[Amendment 98, 2d Ed.] -

PART 623-CLASSIFICATION PROCEDURE

CLASSES NOT REQUIRING PHYSICAL EXAIS-NATION,1 ETC.

By authority vested in me as Directorof Selective Service under 54 Stat. 885;50 U. S. C., Sup. 301-318, inclusive; E. 0.No. 8545, 5 F. R. 3779, Selective ServiceRegulations, Second Edition, are herebyamended in the following respect:


§ 623.21 Consideration of classes notrequiring physical examination. (a)Upon undertaking to classify any regis-trant, it should first be determinedwhether he should be classified in ClassX-C. If the registrant is not classified inClass I-C, it should next be determinedwhether he should be classified in ClassIV-A.

(b) If the registrant is not classifiedin Class I-C or Class IV-A under para-graph (a) of this section, the local boardshall next determine whether he shouldbe classified in Class IV-C on the groundthat he is a neutral alien who has filedDSS Forih 301 or on the ground thatthere is no possibility of him being ac-cepted for training and service becauseof his nationality or ancestry. Other-wise no consideration will-be given toClss IV-C at this time.

(c) If the registrant is not classified inClass I-C or Class IV-A under paragraph(a) of this section and is not classified inClass IV-C under paragraph (b) of thissection, consideration shall next be givento the following classes in the order listedand the registrant shall be classified inthe first class for which grounds areestablished:

Class IV-DClass IV-BClass I-CClass II-B

.Class II-AClass II-CClass II-BClass II-A

(d) If the registrant is not classified inone of the classes set forth in paragraphs(a), (b), or (c) of this section, and, underthe provisions of § 622.61, he is com-pletely disqualified morally and there isno possibility that a waiver of such moraldisqualification can be secured, he shallbe qlassified in .Class IV-F (moral).Othetwise no consideration will be givento Class IV-F at this time.

'See issues of March 17, June 2 and 11,August 19, and September 15, 1942.

2. Amend paragraph (a) of § 623.31 toread as follows:

§ 623.31 Notice to registrant to ap-pear for physicaZ examination. (a) If aregistrant has not been placed in oneof the classes set forth in § 623.21 thelocal board, as soon as practicable afterthe determination of that fact, shall mailto him a Notice to Registrant to Appearfor Physical Examination (Form 201).This notice shall fix the date, time, andplace for the registrant to report forsuch physical examination, normally 5days after the date of mailing of suchnotice.


623.52 Procedure when moral stand-ards for military service require waiver.(a) If the moral standards for militaryservice require that a registrant whohas been classified in Class I-A or ClassI-A-C, under the provisions of § 623.51,must secure a waiver or an order termi-natingor suspending civil custody beforehe can be inducted, the local board shallmake a request for such waiver or order.

(b) If the necessary waiver or orderis granted, it shall be forwarded to theinductidn station at the time the reg-istrant is mailed an Order to Report forInduction (Form 159).

(c) If the necessary waiver or orderis not granted, the classification of theregistfant shall be reopened and he shallbe classified in Class IV-F.


§ 623.53 Procedure when moral stand-ards for work of national importance re-quire waiver. (a) If a registrant who Isin Class IV-E would not meet the moralstandards for military service, the localboard shall request the Director of Se-lective Service to issue a waiver of moraldisqualification. If any such registrantis in civil custody, the local board willrequest an order terminating or suspend-ing civil custody during the period ofassignment to work of national impor-tance under civilian direction.

(b) If the necessary waiver or order Isgranted, it shall be, forwarded to thecamp director at the tim the registrantIs mailed an Order to Report for Workof National Importance (Form 50).

(c) If the necessary waiver or order isnot granted, the classification of the reg-istrant shall be reopened and he shallbe classified in Class IV-F.


§ 623.54 Procedure when acceptabilitymust be determined. If the registrantis classified in Class I-A, Class I-A-O, orClass IV-E and is a citizen or subject ofa country whose acceptability must bedetermined before it is forwarded for

Induction or assigned to work of nationalimportance under civilian direction, thelocal board will follow the procedure setforth In §§ 623.71 to 623.77, inclusive.

6. The foregoing amendments to theSelective Seivice Regulations shall beeffective Immediately upon the filinghereof with the Division of the FederalRegister.

LEWIS B. HERSHEY,Director.

NOVEMBER.20, 1942.

[P.R. Doc. 42-12183; Filed, November 20,1942,3:12 p. m.]

[Amendment 09, 2d Ed.]

PART 628--APPEAL TO THE PRESIDENTMISCELLANEOUS AMENDMENTS 1

By authority vested in me as Directorof Selective Service under 54 Stat. 885;50 U.S.C., Sup. 301-318, Inclusive; E.O,No. 8545, 5 F.R. 3779, Selective ServiceRegulaigons, Second Edition, are herebyamended in the following respect:

1. Amend § 628.1 to read as follows:§ 628.1 Reconsideration of board of

appeal determination. (a) When eitherthe Director of Selective Service or theState Director of Selective Service deemsit to be in the national interest or neces-sary to avoid an injustice, he may, atany time, request a board of appeal toreconsider any determination made byit, stating his reasons for requesting suchreconsideration. Upon receiving such arequest or on Its own motion, a boardof appeal may reconsider Its determina-tion in any case.

(bt' Any time before an Order to Re-port for Induction (Form 150) has beenmailed to a registrant, the governmentappeal agent, if he deems it to be In thenational interest or necessary to avoidan injustice, may prepare and place inthe registrants file a recommendationthat the State Director of SelectiveService request the board of appeal toreconsider its decision. The registrant'sfile shall then be forwarded to the StateDirector of Selective Service. As soonas the State Director of Selective Servicehas acted upon the government appealagent's request he shall advise the localboard and, if he determines not to re-quest the board of appeal to reconsiderits decision, he shall return the file tothe local board.


§ 628.2 Appeal to the President. (a)The Director of Selective Service, If hedeems it to be In the national Interest ornecessary to avoid an Injustice, may ap-peal to the President at any time fromany determination of a board of appeal.

'See issues of August 11 and September 1,1942.

9682


(b) When the board of appeal uponreceiving a request from the State DI-rector of Selective Service has reconsid-ered or declined to reconsider its deter-mination in any case, the State Directorof Selective Service, if he deems it to bein the national interest or necessary toavoid an injustice, may request the DI-rector of Selective Service to appeal thedetermination of the board of appeal tothe President.

(c) The registrant or any person whoclaims to be a dependent of the regis-trant, at any time within 10 days afterthe mailing by the local board of theNotice of Classification (Form 57) or theNotice of Continuance of Classification(Form 58), may appeal from the classi-fication of the registrant by the board ofappeal provided (1) the appeal is madeupon the grounds of dependency only;(2) the registrant was classified by theboard-of appeal in either Class I-A, ClassI-A-O, or Class IV-E; and (3) one ormore memibers of the board of appealdissented from such classification. Thelocal boardmay permit anyperson who isentitled to appeal under this paragraphto do so, even though the 10-day periodherein provided for appeal has elapsed,if it is satisfied that the failure of suchperson to appeal within the 10-day pe-riod was due to a lack of understandingof the Tight of appeal or to some causebeyond the control of such person. Un-less the local board permits such an

- appeal, the right of such persons to ap-peal shall terminate at the end of the10-day period herein provided.

3. Amend paragraph (c) of § 628.4 toread as-follows:

§'628.4 Procedure on appeal to thePresident. * *

(c) When the State Director of Selec-tive Service has complied with the pro-visions of paragraph (b) of this section,he shall, unless the file is returned tothe local board, forward the file to theDirector of Selective Service. Tle StateDirector of Selective Service, unless hehimself requests-the appeal, shall notplace in the file any statement or expres-sion of opinion concerning the informa-tion in the registrant's file.

4. Amend § 628.7 to read as follows:§ 628.7 Stay of registrant's induction.

A registrant shall not be inducted dur-ing the time when, Under the provisionsof this part, his file is being forwardedto or considered by the board of appeal,the State Director of Selective Service,the Director of Selective Service, or thePresident.

5. The foregoing amendments to theSelective Service Regulations shall be ef-fective immediately upon the filing here-of with the Division of the Federal Regis-ter.

Iws B. Hiususv,Director.

NovEmR 20, 1942.[P.R.boc. 42-12184; Filed, November 20,1942;

3:12 p. m.]

[Ito. 142]DupLxcATE LIST or R s¢rfl"Rw, isO.

OlIEu DISCO=Mn;UWG roa3sBy virtue of the Selective Training

and Service Act of 1940 (54 Stat. 885),and the authority vested in me by therules and regulations prescribed by thePresident thereunder and more particu-larly the provisions of § 605.51 of theSelective Service Regulations, I herebyprescribe the following change in DSSforms:

Discontinuance of DSS Form 3, entitled"LIst of Registrants," and D Form 3-A.entitled 'Duplicate List of Registrant,"effective Immediately upon the filing hereofwith the Division of the Federal RcjLztcrJ

The foregoing discontinuance shall be-come a part of the Selective ServiceRegulations, effective Immediately uponthe filing hereof with the Division ofthe Federal Register.

Lws B. HEns=,Director.

NovEmEn 20, 1942.[P.R. boe.42-12185; Filed, November 20, 1942;

3:12 p. m.]

[Amendment 100, 2d E;.lPART 615-Assic;rugrr or Onnrm Numnms

11EGITRAS I GROUP 0By authority vested in me as Director

of Selective Service under 54 Stat. 885;50 U.S.C., Sup. 301-318, inclusive; E.G.8545. 5 F.R. 3779, Selective Service Reg-ulations, Second Edition, are herebyamended in the following respect:

1. Amend the regulations by adding anew section to be known as § 615.6 to readas follows:

§ 615.6 No -national lottery for Group6. Registrants in Group 6 will be as-signed order numbers in the mannerprovided in § 615.36; therefore, no na-tional lottery was or will be held for reg-istrants In Group 6.

2. The foregoing amendment to theSelective Service Regulations shall beeffective immediately upon the filinghereof with the Division of the FederalRegister.

L-E.ws B. Hmsnsv,Director.

Novrs m 21, 1942.[F. R. Doc. 42-1240; Filed, NoVember 23, 1942;

8:55 a. mI.]

(Amendment 101, 2d Ed.]PART 617-REGISTIAMMON CE1rTIMzs

EFPECT or FALVuRE TO nAvE cEnIa cE nrPERSONAL POSSESSION, ETC.

By authority vested In me as Directorof Selective Service under 54 Stat. 885; 60

'Filed as part of the original document.

U.S.C., Sup. 301-318, Inclusive; E.O. 8545,5 P.R. 3779. Selective Service Regulations,Second Edition, are hereby amended inthe following respect:

1. Amend § 617.1 to read as follows:§ 617.1 Effect of failure to hare regis-

tration certifcate in personal posszesson.Every person required to present himselfor and submit to registration must havea registration certificate (Form 2) in hispersonal possession at altimes and, uponrequest, must exhibit it to any law-en-forcement officer, any representative ofthe Secretary of State, anyrepresentativeof the Secretary of the Treasury, anyrepresentative of the Attorney General,any official of National Headquarters forSelective Service, any official of a StateHeadquarters for Selective Service, anymember of a local board or board of ap-peal, any government appeal agent, andany other official designated by the Direc-tor of Selective Service The failure ofany such person to have such registrationcertificate (Form 2) in his personal pos-session shall be prima facie evidence ofhis failure to register. Such person uponbecoming a member of the armed forcesshall surrender such registration certifi-cate (Form 2), to his commanding officerwho will dispose of It In accordance withthe current orders of his service.

2. Amend § 617.2 to read as follows:§ 617.2 Wrongful possession. of, or

mnraking, altering, forging or counterfeit-ing, registration certificates prohibited-"It shall be a violation of these regulationsfor any peron to have in his possessiona registration certificate (Form 2) issuedto some other person, or to permit a reg-istration certificate (Form 2) issued tohim to be In the possession of any otherperson, except as provided in the instruc-tions upon such form; or to falsely make.alter, forge, or counterfeit, or cause orprocure to be falsely made, altered,forged, or counterfeited, or to willinglyaid or assist another to falsely make,alter, forge, or counterfeit, any registra-tion certificate (Form 2); or to utter orpublish as true, or cause to be utteredor published as true, or have in his pos-session with the intent to utter or publishas true, any such false, altered, forged,or counterfeited registration certificate(Form 2); or to exhibit :: present to anyperson any such false, altered, forged, orcounterfeited registration certificate(Form 2), knowing the same to be false,forged, altered, or counterfeited.

3. The 'foregoing amendments to theSelective Service Regulations Jll beeffective Immediately upon the filinghereof with the Division of the FederalRegister.

Lxswis B. Hsr-sngs,Director.

NovmmEn 23, 1942.

[P. R.DIcc. 4._2-12; Piled, Tovembir 23, 1942;11:14 a. M.]

17 P.R. 395, C52.1 7 P.R. 395, 2080.

9683


Chapter VIII-Board of EconomicWarfare

Subchapter B-Export Control

[Amendment No. L2X:I]

PART 802-GE-ERA.L LICENSES

EXPORTATIONS FROM CANAL ZONE TO PANAMA

Part 802, General Licenses, is herebyamended by adding the following newsection:

§ 802.18 Exportations from Canal Zoneto Republic of Panama for rebair orprocessing and return. A general licenseis hereby issued permitting exportationfrom the Panama Canal Zone to the Re-public of Panama of all articles and ma-terials: Provided, That such articles andmaterials are exported for the purposeof being repaired or processed and thenreturned to the Canal Zone.(Sec. 6, 54 Stat. 714; Pub. Laws 75 and638, 77th Cong.; Order No. 3, Delegationsof Authority Nos. 25 and 26, 7 F.R. 4951)

Dated: November 5, 1942.A. N. ZIEGLER,

Acting Chief, Export Control Branch,Office of Exports.

[F. R. Doc. 42-12219; Filed, November 21, 1942;10:22 a. m.]

[Amendment No. IXXrrr

PART 809-SHIPPING PRIORITY RATINGS

APPEALS FOR HIGHER RATINGS

Section 809.8 Is hereby amended In itsentirety and reads as follows:

§ 809.8 Appeals for higher ratings.(a) Exporters may appeal for a higher

rating thafi that assigned under an in-dividual license, or for a higher ratingthan those prescribed under § 809.6. (a)for articles and materials under generallicense, by submitting In triplicate an"Appeal for Higher Shipping PriorityRating." Such appeal shall supply thefollowing information relative to thearticles or materials to be exported:

1. Name and address of the applicant.2. Name and address of the consignee, ulti-

mate consignee, and purchaser..3. Individual-or general license number.4. Portion of the shipment which is at

point of exit from the United States readyto be exported:

6. Location of goods at point of exit: inrailroad cars, in railroad storage. etc.

6. Portion of the shipment which remainsto be forwarded to point of exit.

7. Where information Is available, thestage of manufacture of such portions: com-pleted, in process, not started.

8. Whether the material or article is manu-factured to specifications not normally usedIn the United States.

9. Rating originally assigned to the com-modity to be exported.

10. Description of the commodity as it-ppears on the export license. (If undergeneral license, give brief description andthe Department of Commerce Schedule Bnumber.)

11. Specific reasons why the applicant be-lieves that a higher rating is justified, withparticular reference to proposed end-use.

12. If an application for freight space hasbeen filed, the serial number and status ofthat application.

13. If an application for freight space hasnot been filed and the shipment is in excessof 2,240 pounds, an applldation for freightspace with an acknowledgment card.

(b) When articles and materials are to'be exported under an export program orexport project license (S. P.) an exporterwho -desires a higher rating than thatwhich has been assigned, may apply inwriting for a reconsideration, attachingto his request the original document uponwhich the rating has been affixed.

(c) Only one appeal for a higher ship-ping priority rating f6r any particularshipment will be entertained, unless therehas been a substantial change of factswith respect to the shipment subsequentto the date that the first appeal was filed.(See. 6, 54 Stat. 714, Pub. Laws 75 and638, 77th Cong.; Order No. 3, Delegationsof Authority Nos. 25 and 26, 7 F.R. 4951)* Dated: November 14, 1942.

A. N. ZIEGLER,Acting Chief, Export Control Branch,

Office of Exports.

IF. R. Dc. 42-12220; Filed, November 21, 1942;10:22 a. m.]

[Amendment No. LXXIV]

PART 803-UNLIMITED LIcENsES

BRITISH "NAVY ARMY AIR FORCE INSTITUTE"

Part 803, Unlimited Licenses, is herebyamended by adding the following newsection:'

§ 803.3 British "Navy Army Air ForceInstitute". An unlimited i c e n s e ishereby issued to the British "Navy ArmyAir Force Institute" permitting exporta-tion of the articles and materials listedbelow to any destination when consignedfrom the British "Navy Army Air ForceInstitute" to the British "Navy Army AirForce Institute"; Provided, That sucharticles and materials have been pro-cured through the United States ArmyExchange Service:Stationery: Clothing & haber-

Fountain pens dashery-Con.Nibs UnderwearPen holders ShirtsPencils Kitchen cloths

DustersPins TowelsClips, Boot & shoeInk polishes

Soaps: PharmaceuticalHousehold products:Toilet Aspirin

Crockery: Liver saltsCups & saucers Fruit saltsDrinking glasses Miscellaneous foods:PicklesPlates SardinesCondiment pots Gelatine

Cutlery: Packet jelliesTinware Marmite (Vegex)Baking dishes Salad oilPie dishes SpicesSaucepans TapicoaKettles Salad creamKettlesFruit juices

Clothing & haber- (cedashery:(canned)

dashery: 'Sundries:Elastic belts GramophonesTrouser braces & recordsSock suspenders Wrist watchesHandkerchiefs Thermos flasksNeedles & thread Tennis balls

Sundries-Con. Sundries-Con..Razor blades CombsRazors MirrorsBack and front Padlocks

studs Scales & weightsNil files Reading booksBachelor and bull- Alarm clocks

dog buttons Golf ballsTobacco pouches Table tennis balls

No release certificate need be presentedfor shipment under this unlimitedlicense.

(Sec. 6,54 Stat. 714, Pub. Laws 75 and 038,77th Cong.; Order No. 3, Delegations ofAuthority Nos. 25 and 26, 7 F. 4951)

Dated: November 18, 1942.A. N. Z=EGLE.,

Acting Chief, Export Control Branch,Office of Exports,

[F.. Doc. 42-12221; Filed, November 21,1042J10:22 a. m.]

Chapter IX-War Production BoardSubehapter B--Director General for Opetatlona

PART 903-DELEGATIONS or AUTHORITY[Supplementary Directive 1R]

RATIONING OF COFFEE

§ 903.23 Supplementary Directive IR.(a) In order to permit the efficient ra-tioning of coffee, the authority delegatedto the Office of Price Administration In§ 903.1 (Directive 1) Is hereby extendedto include -the exercise of control overthe sale, transfer, delivery or other dis-position of coffee by or to any person,and over the use of coffee by any person:Provided, That such authority shall notinclude the power to:

(1) Limit or restrict the quantity oruse of coffee obtainable by the Army,Navy, Marine Corps, and Coast Guard, ofthe United States, or by any agency ofthe United States to the extent to Whichit may acquire coffee for export to andconsumption or use In any foreign coun-try;

(2) Authorize the Importation of greencoffee by any person or allocate arrivalsof green coffee imported by any agencyof the United States Government pur-suant to directive from the War Produc-tion Board.

(b) As used In this supplementary di-rective, the term "coffee" means greencoffee and roasted coffee In any form-bean or ground, soluble, compounded, orotherwise processed or prepared.

(c) The authority of the Office of PriceAdministration under this supplementarydirective shall Include the power to regu-late or prohibit the sale, transfer, deliveryor other disposition of coffee to, or requli-sition or use of coffee by any person whohas acted In violation of any rationingregulation or order prescribed by theOffice of Price Administration.

(d) Notwithstanding the authoritydelegated hereunder, the War Produc-tion Board reserves the power to restrict,by suspension or other similar order, theamount of coffee which may be deliveredor accepted by any person heretofore orhereafter found to be In violation of WarProduction Board Conservation Order M-

9684


135, and amendments and supplementsthereto. J

(e) The War Production Board reservesthe right-to determine, at its option, theamount of coffee available for rationingor other distribution hereunder.

(E.O. 9024, 7 P.R. 329; M.O. 9040, 7 P.R.527; E.O. 9125, 7 P.R. 2719; sec. 2 (a),Pub. Law 671, 76th Cong., as amended byPub. Laws 89 and 507, 77th Cong.)

Issued this 20th day of November-1942.ERNEsT K&N=LE,

Director General for Operations.

[F. R.Dec. 42-12158; Flied, November 20, 1942;12.3'7 p. i.]

PART 1191-COFEElRevocation of Conservation Order M-135and Amendments and Supplementary Or-ders theretol

Sec.1191. Conservation Order M-135.1191.I Amendment 1.1191 Amendment 2.1191-1 Amendment 3.119L, Amendment- 4,1191.1 Amendment 5.11912 Supplementary Crder M-185-a.11912 Supplementary Order M-135-b.1191.4 Supplementary Order 15-135-c.1191. Amendment I-

(a) The above order, amendments, andsupplementary orders are hereby revoked'is of midnight November 21, 1942. Not-withstanding such revocation, any formalsuspension ("S") orders heretofore is-sued and any suspension or other disci-plinaiy orders hereafter issued in con-nection with violations of the aboveorders shall remain in effect until theyexpire by their own terms.

(bY Quota-&xempt deliveries made byany roaster or accepted by any wholesalereceiver during the periodNovember 1-21,1942, shall be reported to the War Pro-duction Board, as provided for in para-graph (h) of Order W-135, by December3, 1942 No report on Form PD-533 isrequired for the period commencing No-vember 16, 1942(P.D. Reg. 1, as amended, 6 F.R. 6680;W.P.3. Reg. 1, 7 F.R. 561; E.O. 9024,7 P.R. 329; EMO. 9040, 7 F.R. 527, E.O.9125, 7 F.R- 2719; sec. 2 (a), Pub. Law671, 76th Cong., as amended by Pub.Laws 89 and 507, '77th Cong.)

Issued this 20th day of November 1942.ERNEST KA-ZLER,


[L.lR.Doc.42-12160; Filed, November 20,1942;12:38 p. m.]

PART1010-SUSPEN ION ORDERS[Suspension Order S-150]

COLDEN LIANWFACTUainG CO.

Colden Manufacturing Company, 1333Broadway, NewYork, New York, is a NewJersey corporation engaged in the manu-facture of spring mattresses. LimitationOrder No. L-49 places certain restrictionsupon the use of steel wire in the manu-facture of mattresses, among other items.The company violated this order by using,

during the months of July and August,194Z, 6000 pcunds of steel wire In excessof the quantity which It was permittedto use during these months pursuant tothe restrictions contained In the order.

These v lations of Limitation OrderNo. L-49 have impeded and hampered thewar effort of the United States by divert-ing steel wire to uses unauthorized by theWar Production Board. In view of theforegoing facts: It is hereby ordered,That:

§ 1010.150 Suspension Order S-I50.(a) Deliveries of material to Colden Man-ufacturing Company, Its successors andassigns, shall not be accorded priorityover deliveries under any other contractor order and no preference rating shallbe assigned or applied to such deliveriesby means of preference rating certifi-cates, preference rating orders, generalpreference orders, or any other order orregulation of the Director of IndustryOperations or the Director General forOperations, except as specifically author-ized by the Director General for Opera-tions.

(b) No allocation shall be made toColden Manufacturing Company, its suc-cessors and assigns, of any material thesupply or distribution of which Is gov-erned by any order of the Director ofIndustry Operations or the Director Gen-eral for Operations, except as specificallyauthorized by the Director General forOnerations.

(c) Colden Manufacturing Company,its successors and assigns, shall not sell,transfer or deliver its inventory or anypart of such inventory of steel wire re-gardless of the form or condition thereof,except in accordance with Priorities Reg-ulation No. 13.- (d) Nothing contained herein shall bedeemed to relieve Colden ManufacturingCompany, its successors and assigns,from any restriction, prohibition or pro-vision contained in any other order orregulation of the Director of IndustryOperations or the Director General forOperations except in so far as the samemay be inconsistent with the provisionshereof.

(e) This order shall take effect onNovember 23, 1942, and shall expire onFebruary 23. 1943.(P.D. Reg. 1, as amended, 6 P.R. GOSO;W.P.B. Reg. 1, 7P.R. 561; E.O. 9024,7 F.R.329; E.O. 9040, 7 P.R. 527; FO. 9125,7 P.R.2719; se. 2 (a), Pub.Law 671,76th Cong.,as amended by Pub. Laws 89 and 507,77th Cong.)

Issued this 20th day of November 1942.EaINEST RAIZL

Director General for Operations.IF. R. Doc. 42--217. F NdNovcmter 20, 1942;

5:03 p. i.1

PART 1010-SUSPEIMron OnDEnS[Suspenslon Order S-1541

- GUARAIMNTEE SIr comPANY, mc.Guarantee Silk Company, Inc., 1441

Broadway, New York, New York, Is aNew Jersey corporation and a formermanufacturer of silk products. After re-

strIctions were placed upon the use ofsilk, the company applied for and re-ceived allocations of reserved rayon yarnpursuant to the provisions of Suppla-mentary Order T-37-a, and after therevocation thereof, pursuant to the pro-visions of Supplementary Order M-37-c.Depite the fact that the company knewthat these orders prohibited the unau-thoi zed exchange of reserved rayonyarn, during the period of Decembr,1941, through M112y 1942. it, in conjunc-tion with Judy Textile Corporation, ofthe same address, caused quantities ofriserved acetate rayon yan in excess ofa total of 33,000 pounds, allocated to itfor processing in its mill, to be exchangedwith the Malinae Comp3ny of New Jer-sey, Paterson, New Jersy, for visesserayon yarn, despite the fact that no au-thorization bad been obtained from theWar Production Board.

These violations of Supplementary Or-der LI-37--a and 2-37- have imeddand hampered the var effort of theUnited Statesby diverting ved rayonyarn to uses unauthoriz-d by the WarProduation Board. In view of the fore-goin- facts: It is herebij ordered, That:

§ 1010.154 suspension Order S-54.(a) Guarantee Si Company, its sue-ceszors and assigns, shall not orderor accept delivery of reserved rayonyarn, as the same is defined in Supple-mentary Order M-37-c, except as spe-clfically authorized by the Director Gen-eral for Oparations.

(b) Nothing contained in this ordershall be deemed to relieve GuaranteeSilk Company from any restriction, pro-hibition, or provision contained in anyorder or regulatorE of the Director ofIndustry Operations or the DirectorGeneral for Operations. except in so faras the same may be inconsistent withthe provisions hereof.

(c) This order shall take effect onNoraber 23, 1942, and shall expire onMarch 23, 1943, at which time the re-strictions contained In this order shallbe of no further effect.

(P. Rer. 1, as amended, 6 PR. M30;W.PB. Reg. 1, 7 P.R. 561; E.O. 9024,7 P.R. 329; E.O. 9040, 7 P.R. 52T; E.O.9125, 7 P.R. 2-719; se. 2 (a), Pub. Law671, 76th Cong., as amended by Pub.Laws 89 and 507, 77th Cong.)

I-ued this 20th day of November 1942.


(p. R.1Dz- -12193 FIed, Navemhes 20.1942;5:.3 p. m-1

PART 1012-Doaxrsre VAcum CrF-uss[Supplementary imitation Order L-1S-c.

as Amended Nov. 20, 19421

Section 1012.4 Supplementary Lim-itatioi Order L-c-- is hereby amendedto read as follows:

§ 1012.4 Supplementary LimitatibirOrder L-1-c-(a) Defnffifons Forthe purpoze of this order:

(1) 'Domestfc vacuum cleaner"measany vacuum cleaner designed Primarilyfor household use.

9635


' (2) "New domestic vacuum cleaner"means any domestic vacuum cleaner,which has never been used by an ulti-mate consumer, including but not limitedto, any domestic vacuum cleaner whichhas been used merely for demonstrationpurposes.

(3) "Manufacturer" means any per-son who has produced any domesticvacuum cleaner since October 1, 1941."Manufacturer" shall include, all sub-sidiaries, affiliates or other companies orenterprises under common ownership orcontrol with such person.

(4) "Private brand seller" means anyperson, other than a manufacturer, en-gaged in the business of selling new do-mestic vacuum cleaners under his owntrade mark or brand name, and includesall subsidiaries, affiliates, or other com-panies or enterprises under commonownership or control with such person.

(5) "Restricted private brand seller"means any private brand seller who heldmore than 500 new domestic vacuumcleaners on October 24, 1942, whether inhis own or other persons' warehouses oron consignment to wholesalers or dealers.

(6) "Transfer" means to sell, lease,lend, ship, trade, deliver or otherwisetransfer a new domestic vacuum cleaner."Transfer" does not include any deliveryto or by a carrier, or the delivery to itsImmediate destination of any new do-mestic vdcuum cleaner which was intransit on October 24, 1942.

(b) Restrictions on transfer of newdomestic vacuum cleaners. No manufac-turer or restricted private brand sellershall. transfer any new domestic vacuumcleaner, except:

(1) To the Army or Navy of the UnitedStates (excluding transfers to post ex-changes, ships' stores, ships' servicestores or commissaries for resale bythem).

(2) To the government of any country,Including those -in the Western Hemi-sphere, pursuant to the Act of March 11,1941, entitled "An Act to Promote theDefense of the United States" (Lend-Lease Act).

(3) To any person outside the UnitedStates pursuant to an export license is-sued by the Board of Economic Warfarefor the new domestic vacuum cleanersbeing transferred.

(4) With specific authorization of theDirector General for Operations grantedon Form PD-556, pursuant to an applica-tion filed on Form PD-556.

(c) Reports. (1) On or -before No-vember 9, 1942, each manufacturer andeach restricted private brand seller shallfile with the War Production Board, areport on Form PD-655 of all new do-mestic vacuum cleaners which were in hisstock on October 24, 1942.

(2) Each manufacturer and each re-stricted private brand seller shall filewith the War Production Board on orbefore the tenth day of each calendarmonth, beginning with December 10,1942, a report on Form PD-655, of all thenew domestic vacuum cleaners which heshipped or delivered pursuant to thisorder during the preceding calendarmonth.

(3) Each person affected by this ordershall file with the War Production Board

such reports and questionnaires as saidBoard shall from time to time require.

(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, r from processingor using, material under priority controland may be deprived of priorities assist-ance. -

(e) Records. Each person affected bythis order shall keep and preserve, fornot less than two years, accurate andcomplete records of all sales of new do-mestic vacuum eleaners. Such recordsshall be submitted to audit and inspec-tion by duly authorized representativesof the War Production Board.

(f) Applicability of priorities regula-tions. This order and all transactionsaffected thereby are subject to all ap-plicable provisions of the priorities regu-lations of the War Production Board, asamended from time to time.

(g) Communications. All reports re-quired to be filed hereunder, and all othercommunications concerning this ordershall, unless otherwise directed, be ad-dressed to the War Production Board,Consumers' Durable Goods Division,Washington, D. C., Ref.: L-18-c.(PD. Reg. 1, as amended, 6 P.R. 6680;W.P.B. Reg. 1;'7 P.R. 561; E.O. 9024, 7P.R. 329; E.O. 9040, 7 P.R. 527; E.O. 9125,7F.R. 2719; see. 2(a), Pub. Law 671, 76thCong., as amended by Pub. Laws 89 and507, 77th Cong.)

Issued this 20th day of November 1942.ERNEST KANZLER,


[P. R.Doe. 42-12200; Filed, November 20, 1942;5:09 p. m.]

PART 3134--DAIRY PRODUCTS

[Conservation Order M-267]BUTTER

The fulfillment of requirements for thedefense of the United States has createda shortage in the supply of butter 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:

§ 3134.3 Conservation Order M-267-(a) Definitions. For the purposes of thisorder:

(1) "Butter" means butter as deflnedin the Act of March 4, 1923, Chapter 268,42 Stat. 1500, U. S. C. Tit. 21, sec. 6.

(2) "Warehouses In the 35 cities" meanthe cold storage warehouses which re-ported their weekly butter stocks fromOctober 30, 1942 through November 20,1942; to the Agricultural Marketing Ad-ministration of the United States De-partment of Agriculture, which ware-houses are located in or near the follow-Ing cities: New York Metropolitan Area;

Chicago, Illinois; Philadelphia, Pennsyl-vania; Boston, Massachusetts; Buffalo,New York; Lowvllle, New York; Pitts-burgh. Pennsylvania; Detroit, Michigan;Cleveland, Ohio; Milwaukee, Wisconsin;Plymouth, Wisconsin; Marshfleld, Wis-consin; Green Bay, Wisconsin; St. Paul,Minnesota; Minneapolis, Minnesota;Kansas City, Missouri; Omaha, Ne-braska; St. Louis, Missouri: Denver, Colo-rado; Seattle, Washington; Portland,Oregon; -Los Angeles, California; SanFrancisco, California; Springfield, Mass-achusetts; Cincinnati, Ohio; Duluth,Minnesota; Pt. Worth, Texas; Dallas,Texas; PetalumR, California; Santa Rosa,California; Oakland, California; SanIiego, California; Providence, RhodeIsland; Cuba, New York; Syracuse, NewYork.

(b) Restrictions on delivery. Everyperson who on November 6, 1942, at thdclose of business or at any time there-after, until the close of business on No&vember 20, 1942 had_ any butter In hispossession or under his control physicallylocated in any warehouse In the 35 cit-ies, shall set aside for the requirementsof government agencies 50% of his hold-ings of such butter at the close of busi-ness on November 6, 1942, or 50% ofhis holdings at the close of business onNovember 20, 1942, whichever shall bethe greater. Without regard to pre-viously existing contracts, and untilMarch 6, 1943, butter so set aside maynot be delivered except on specific per-mission of the Director General for Op-erations, or to or for the account of theArmy and Navy of the United States,the Marine Corps, the Coast Guard, theCoast and Geodetic Survey, the WarShipping Administration, the Agricul-tural Marketing Administration, and anyagency of the United States for suppliesto be delivered to or for the account ofthe government of any foreign countrypursuant to the Act of March 11, 1941(Lend-Lease Act). Each person shall setaside the amount of butter required bythis order from that part of holdingswhich score 89 or higher according to theofficial grades prescribed in Code of Fed-eral Regulations (1938 Supplement)Title 7, Part 55, §§ 55,42-55.48, asamended. So far as compliance withthe above grade standards permit, but-ter in wooden boxes shall first be se-lected for setting aside pursuant to thisorder, and butter In wooden tubs shallbe selected as a second preference to theextent that butter in wooden boxes Isnot available., Butter packed In othercontainers shall be set aside to the ex-tent that butter In boxes and tubs iSnot available to meet the requirementsof this order, Any person who priorto November 20, 1942, has dlivered somuch of his holdings on November 0,1942 that he Is unable to set aside thepercentage required by this order, shallset aside all his remaining. holdings,Persons having holdings In more thanone warehouse In the 35 cities shallcharge any such deficiency In his hold-ings in one warehouse against his hold-ings in other warehouses, but, subject tothis requirement, percentages shall becharged against holdings in differentwarehouses as equally as possible.

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(e) Inspection. Butter set aside andheld pursuant to this order, and all booksand records in the possession of anywarehouse in the 35 cities pertaining tosuch butter, are subject to inspection bythe Director General for Operations, andany person or government agencythereto duly authorized by him. The-agencies to which delivery is authorizedin paragraph ib) of this order are herebydesignated as agencies authorized to in-spect pursuant to this paragraph asagents of the Director General forOperations.

td) Certificates. No person otherthan those'designated in paragraph (b)shall remove butter from a warehousein the 35 rties unless he files with thewarehouseman a certificate in duplicatein substantially the following language:

This is -to certify that the following quan-tity f 'btter removed byme On .........- rom --is not Included within the percentage of myholdings or the holdings of my predecessorIn title. which were required to be Eet asideby Conservation Order M-267, xwith the termsof -which I am familiar.

:(Signature)

(Duly authorized official)

(e) Restrictions on warehouseman.No 'warehouseman in the 35 cities mayrelease or deliver any butter from hiscustbdy and control with knowledge orreason to believe that such butter is be-ing delivered or removed in violation ofthe ters -of -ihis order. 'Unless suchdelivery is to a government ngency heaball mot make such delivery withoutobtaining a zertifinate as prescribed byparagraph Cd). He uhal etain allzuchcertificates in his files for six months.

tf) Repots. Persons to whom thisorder applies sball execute and file withthe War Production Board such reportsand questionnaires as said :Board mayfrom time to time xequest.

(g) .Records. Every person to xhom-this orde -applies shall keep and pre-serve for not less than two years accu-rate -and complete records concerninginventories, production and sales.

(h) Audit and inspection. All recordsrequired to be kept by this order shall.upon request, be submitted to audit andinspection by-duly authorized representa-tives of the War Poduction Board.

(i) Violations. Any person who wil-fully iolates any provision of this order,or who, in connection with this order,wilfully conceals a material fact orfurnishes false information to any de-partment or agency of the United Statesis guilty of :a crime, and upon conviction-ma be -punished by fine -or imprison-ment. In addition, any such person 'maybe prohibited from making or acceptingfurther deliveries of or from processingor using material under priority controland may be deprived of priorities assist-ance.

(j) Appeals. Any appeal from theprovisions of this order shall be made byfiling .a letter in triplicate, referring tothe particular provision appealed fromand stating fully the grounds of theappeal.

No. 230---6

W) Communications to War Produe-tion Board. All reports required to befiled hereunder and all communicationsconcerning this order. sball unless other-wise directed, be addres=cd to: MWarProduction Board, Food DIvilon, Wash-ington, D. C. Ref: 11-2G7.

fl) Applicability of priorities regula-tions. This order and all transactionsaffected thereby are subject to all ap-plicable provisions of the prioritiesregulations of the War Production Board,as amended from time to time.(P.D. Reg. 1, as amended, 6 P.R. 60;WP.B. Reg. 1, 7 F.R. Z61: E.O. 9024;7 P.R. 329; E.O. 9040, 7 F-. 527; F0.9125, 7 FR. 2719; Eec. 2 (a). Pub. Law671, 76th Cong., as amended by Pub.Laws 89 and 507. 77th Cong.)

Issued this 20th day of November 1942.Eranrsr s Z2i,


[F. R.Doc. 42-12199; Flned, November 20,1-9-2;0:03 pam.]

PART 10l0-SrMo:7 Oanvas

[Suspenslon Ordcr -1C0]

107G 2MLID MIAT CO.

Long Island Mat Company, Lynbrook,Long Island, New York, is a New Yorkcorporation engaged In the -2anufactureof rubber mats. Amendment No. 6 toSupplementary Order M-15-b prohibitedthe eonsumption of -crap rubber in themanufacture of rubber mats, =nmongother Items, except to fill War Orders, asdefined therein. During the months ofApril through July, 1942, the Companyviolated Amendment No. 6 to Supple-mentary Order M-15-b by consumingsumcient scrap rubber to manufactureapproximately 3500 rubber mats to fillcivilian orders.

There violations of Supplementary Or-der M-15-b have impeded and hamperedthe war effort of the United States bydiverting rubber to -uses unauthorized bythe War Production Board. Iii view ofthe foregoing facts, It is hereby ordered,That:

§ 1010160 Suspension Order S-160.(a) Long Island Mat Company, its suc-cessors and assigns, shall acceptno deliv-eries from any source of rubber, scraprubber, or reclaimed rubber, as definedin Supplementary Order M-15-b, exceptas specifically authorized by the DirectorGeneral for Operations.

(b) Long Bsland Mat Company, Itssuccessors and asIgns, shall mot consume-or in any way use any rt'ber, scrap rub-%ber, or reclaimed rubber, as defined inSupplementary Order LI-IS-b, except asspecifically authorized by the DirectorGeneral for Operations.

(c) Long Island Mat Company, Itssuccessors and a.signs, shall make nodeliveries of rubber, scrap rubber, or re-claimed rubber, as defined in Supplemen-tarry Order M-15-b, except as specificallyauthorized by the Director General forOperations.

(d) Deliveries of material to LongIsland Mat Company, Its succesors and=J-a gns, shell not be accorded priorityover deliveries under any other contractor order, and no preference rating shallbe assigned or applied to such deliveriesby means of preference rating certifi-cates, preference rating orders. genrapreference orders, or any other orders orregulations of the Director of IndustryOperations or the Director General forOperations, except as specifically author-Izad by the Director General for Opera-tionz.

(e) N o allocation shall be made toLong Island Mat Company, its succes-sors and acgns, of any material thesupply or distribution of which is gov-erned by any order of the Director ofIndustry Operations or -the DirectorGeneral for Operations ,excep. as specifi-cally authorized by the Director Generalfor Operations.

(f) Nothing contained herein shall bedeemed to relieve Long sland Mat Com-pany from any restriction, prohihition orprovision contained in any order or reg-ulation of the Director of Industry Oper-ations or the Director General for Op-erations, except tn so far as the same maybe inconsistent with the provisionshereof.

(g) This order .'hpl take effect onNovember 23, 1942, and shall ezpire onMay 23, 1943.(PfD. Reg. 1, as amended, Z F.R. 6680;W.P.B. Reg. 1, 7 YR. 561; E.O._-9024,7 P.R. 329; E.O. 9040, 77.31. 527; E.O.9125, 7 FP.. 2719; sec.2 (a),Pub.Iatv 671,76th Cong., as amended by Pub. Laws89 and 507, 77th Cong.)

Issued this 21st day of November 1942.

Director General for Overations.(P.R.Dac. 42-12253; Filed. Niovember 21, 1942.

12:22 p. mL]

Phnr 1157-Cosmmucriox MlcEn y sm

ILimitation Order L-302. 4, Amended Nov.17, 29421]

The fulfillment of requirements for thedefense of the United States has createda shortage in the supply of rubbar andother materials used in the productionof --onstruction machinery and equip-mnt and repair parts for defense, forprivate account and for export; and thefoflowing order is deemed necessary andappropriate in the public Interest and topromote the national defense:

§ 115710 Limitation Order L-19Z-(a) Rerocation of Lmitation. Orders L-82 and L-82-a. This order, as of No-vember 30,1942, supersedes LimitationOrders Nos. L-82 and L-82-a. Notwith-standing the revocation of Orders L-82and L-82-a Issued November 7, 1942,

1 This document Is a restatement of Amend-ment 1 of Limitation Order L-192 which ap-peared In the FmmAX- Fx== of November18, 1942, page 9459. and reflects the order init completed form 2z of November 17, 1942.

96S7


every person subject to the terms there-of immediately prior to such date shallabide by the terms of such orders untilNovember 30, 1942, as though their textwere fully incorporated in this order. Allreleases on equipment granted by theDirector General for Operations pur-suant to Limitation Orders Nos. L-82 andL-82-a not shipped by-November 30, 1942shall be deemed cancelled as of that date.

(b) Applicability of priorities regula-tions. This order and all transactionsaffected thereby are subject to all ap-plicable provisions of the priorities regu-lations of the War Production Board, asamended from time to time.

(c) Definitions. (1) "Person" meansany Individual, partnership, association,business trust, corporation, governmentcorporation or agency, or any organizedgroup of persons, whether incorporatedor not.

(2) "Producer" means any person en-gaged in the manufacture of equipmentas hereafter defined.

(3 "Equipment" means that construc-tion machinery and equipment listed inSchedules A, B, and C attached hereto,but shall not include any rubber tiredchassis or running gear built for or use-g ble-for the transportation of commodi-ies or persons.

(4) "New", when applied to equipment,means any equipment which has neverbeen received or accepted by any person-acquiring It for use.

(5) "Repair part" means any part-manufactured for use in the repair andmaintenance of equipment.

(6) "'Lend-Lease government" meansthe government of any foreign countrypursuant to the Act of March 11, 1941,entitled "An Act to Promote the Defenseof the United States".(7) "Essential project" means a con-

struction project undertaken by, or con-tracted by or for the account of the Army,Navy, Maritime Commission, War Ship-ping Administration or Defense PlantCorporation, or any other constructionproject granted a preference rating ofA-i-k or higher under any order in theP-19 series.

(8) "Rubber" means all kinds of nat-ural, reclaimed and synthetic rubber.

(9) "Government corporation" meansany corporation which is beneficiallyowned by the United-States Governmentor any of.its agencies.

(d) Procedure for placing and receiv-ing orders. (1) Any person desiring toplace an order for new equipment listedIn Schedule A attached hereto shall ap-ply for authorization to purchase asfollows:

(I) Such person, except the Army,Navy, Maritime Commission, War Ship-

ping Administration or a Lend-Leasegovernment, shall file an application onForm PD-556 in quadruplicate with theWar Production Board Regional OfficeIn the region In which such person de-sires to use such equipment. Such ap-plication when approyed by the Direc-tor General for Operations shall estab-lish all conditions under which such ordermay be placed with the supplier includ-ing the assignment of preference ratingsif not previously granted.

(ii) No person, except the Army, Navy,Maritime Commission, War Shipping Ad-ministration or Lend-Lease government,may file application on Form PD-556 forany items listed in Schedule A which ap-pear in Schedule C hereof.

(Wi) The Army, Navy, Maritime Corn-mission, War Shipping Administration orLend-Lease government shall furnish theConstruction Machinery Branch, WarProduction Board, Washington, D. C.,with Form PD-556 made out In quadru-plicate.

(2) No person shall accept an order forsuch equipment, except from the Army,Navy, Mhritime Commission, War Ship-ping Administration and Lend-Leasegovernment, unless accompanied by suchauthorization.

(e) Restrictions on production ofequipment. (1) On and after November30, 1942_.no producer shall produce anyequipment except in accordance withsuch production schedules as may be ap-proved by the Director General for Op-erations as provided in paragraph (f)hereof.

(2) On and after November 30,, 1942no producer shall produce any equip-ment designed for or requiring rubbertires unless the authorization on FormPD-556 required by paragraph (d) spe-cifically so provides.

(3) No producer shall manufacturemore parts for assembly Into new equip-ment than required by approved produc-tion schedules.

(4) On and after November 30, 1942,no producer shall put Into process orassemble any materials in the manufac-ture of any equipmept listed in ScheduleC, except to fill an order placed by theArmy, Navy, Maritime Commission, WarShipping Administration or Lend-LeaseGovernment or for the use by a primecontractor on a construction project forany of the foregoing, and then only Ifauthorized by the Director General forOperations on Form PD-556.

(f) Production schedules. On or be-fore November 25, 1942 and on or beforethe 15th day of each succeeding calendarmonth, every producer shall file in tripli-cate on Form PD-697 proposed produc-tion schedule of new equipment projected

for such period as production may beplanned. Except as limited in paragraph(e) (2) hereof, the production schedulesof all new equipment for the three cal-endar months succeeding such filing orfor such shorter time as productionscheduling may be planned shall bedeemed to be approved as of the first ofthe calendar month followlng receipt ofsuch Form PD-697 by the War Produc-tion Board, unless the Director Generalfor Operations shall otherwise direct,No producer shall change his productionschedule as approved or changed by theDirector General for Operations withoutspecific authorization of the DirectorGeneral for Operations.

(g) Inventory reports. On or beforeNovember 25, 1942 and on or before the15th day of each succeeding calendarmonth every producer shall file In tripli-cate on Form PD-697 a statement offinished unsold Inventory, as of the lastday of the preceding calendar month, ofnew equipment including that in the pos-session of their dealers and distributors,Dealers and distributors, on the fifth dayof each month, shall report their Inven-tories of new equipment as of the last dayof the preceding calendar month to theproducer from whom such equipmentwas purchased or, if not purchased, tothe producer for whom the distributoror dealer Is acting as agent.

(h) Prohibiting transfer and usc ofequipment. On and after November 30,1942 no producer shall use for other thanexperimental or demonstration purposes,or sell, lease, trade, lend, deliver, shipor transfer, any new equipment and noperson shall accept the same unless:

(1) Such equipment Is then In transitto such person, or

(2) Such use, sale, lease, trade, loan,delivery, shipment or transfer Is spe-cifically approved by the Director Gen-eral for Operations as follows:

(I) On or before November 25, 1942,and on or before the fifteenth (15) dayof each succeeding calendar month, eachproducer shall file in triplicate on FormPD-697 showing his proposed deliveryschedule of all unfilled orders of nowequipment, shipments made during thecalendar nionth previous to filing and thecurrent month to date of filing, The de-livery of all such new equipment sched-uled for the calendar month followingthe date of filing shall be deemed to beauthorized by the Director General forOperations on the first day of such cal-endar month unless the Director Gen-eral for Operations shall otherwise direct,

(ii) The delivery of all new equipmentas scheduled for delivery on or beforeNovember 30,- 1942, and p r e v i o u s I yauthorized under Limitation Order L-82and L-82-a, shall be deemed to be

9688


authorized, unless the Director Generalfor Operations shall direct otherwise.

(ii) The Director General for Opera-tions, at any time, may revoke deliveryauthorization provided for in paragraphs(h) (2) (i) and (h) (2) (ii) as to anyor all new equipment, direct or changethe schetfule for deliveries, allocate anyorder listed on Form PD-697 to any otherproducer, or direct the delivery of anynew equipment to any other person, atregularly established prices and terms.

(iv) No producer shall change theschedule of deliveries as listed on saidform, or as directed or changed by theDirector General for Operations, with-out specific authorization of the DirectorGeneral for Operations.

(i) Restriction on resale, rental anduse. (1) On and after November 30,1942,all persons except a Government cor-poration. the- Army, Navy, MaritimeCommission, War Shipping Administra-tion or Lend-Lease government to whomdelivery of any new equipment listed inSchedule A has been authorized pursu-ant to paragraph (d) must use suchequipment on the project described inthe authorization to purchase and will besubject to the provisions of paragraphs(i) (2) and (i) (3) hereof.

(2) All persons except a Governmentcorporation, the Army, Navy, MaritimeCommission,_War Shipping Administra-tion or Lend-Lease Government, thirtydays prior to the sale, lease or use onany other project of such equipment,shall complete, sign and return FormWPB-1159 to the Used Construction Ma-chinery Regional Specialist in the WarProduction Board -Regional Office in theregion in which such equipment islocated.

(3) The Director General for Opera-tions, at any time on two weeks' writtennotice, may require such person whoowns such equipment to sell, lease or usesuch equipment as directed.

(4) Nothing in this order shall re-strict application of Limitation OrderL-196 in regard to the filing of FormWPB-1333.

j) Restrictions on sale and 'delivery-of. repair parts. (1) All orders for xe-pair parts for equipment in use on essen-tial projects in the United States orCanada shall not be individually xatedbut shall carry the highest preferencerating -of the project and shall be sub-ject to the following limitations:

(1) No person shall purchase repairparts during the calendar quarter com-mencing October 1, 1942 or any.calendar

quarter thereafter, in excess of 5% of theoriginal purchase price of the equip-ment for which the repair parts areordered unless authorized by the Direc-tor General for Operations on FormPD-556.

(ii) No producer, dealer or distributorshall sell or deliver repair parts to anyperson unless such person has furnishedthe information and certification calledfor below in a writing signed by suchperson and in substantially the follm-ing form.

Repair Parts for 71aintcnanca and ncpar -Rating Contract INumbcr ____ Inaccordance with Limltatlon Order L-192 withthe terms of which I am familiar.Date Purchaser

By:Such certification shall constitute arepresentation to the Director Generalfor Operations that such repair parts arerequired for the purpose of repair ofactual or impending breakdown orproper maintenance of the equipmentand that the applicant does not havesuch parts available for this purpose.

(2) Orders for spare parts for newequipment listed in Schedule A shall beplaced at the same time as the orderfor new equipment and must be author-ized on Form PD-556 by the DirectorGeneral for Operations.

(3) Any conditions in regard to pur-chase or delivery of repair parts notcovered herein shall' be in accordancewith current regulations and orders ofthe War Production Board.

(k) Substitution and conservation ofcritical materials. In the manufactureof any item of equipment or repairparts, no producer shall use any alloysteel, stainless steel, aluminum, magne-sium, copper, brass, bronze, zinc, nickel,tin, cadmium or fabricated rubber prod-ucts where the use of other less criticalmaterials Will not impair the efficiencyof operation of such Item.

(1) Records. All persons affected bythis order shall keep and preserve fornot less than two (2) years accurate andcomplete records concerning inventories,purchases, production and sale.

(m) Audit and inspection. All recordsrequired to be kept by this order shall,upon request, be submitted to audit andinspection by duly authorized representa-tives of the War Production Board.

(n) 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 conviction

maybe punished by fine or imprisonment.In addition, any such person may be pro-hibited from maing or obtaining fur-ther dellveries of, or from processingor using material under priority controland may be deprived- of priorities assist-ance.

(o) Appeal. Any person affected 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 fromnon-defense to defense work, may applyfor relief by addressing a letter to theConstruction Machinery Branch, WarProduction Board, Washington, D. C.,setting forth the pertinent facts and thereasons why such person considers thathe Is entitled to relief. The DirectorGeneral for Operations may thereupontake such action, If any, as he deems ap-propriate by the amendment of thisorder or otherwise.

(p) Communications. All communi-cations concerning this order exceptwhere specific-reference is made hereinto the contrary shall be addressed toConstruction Machinery Branch, WarProduction Board, Washington, D. C.,Ref: L-192.(P.D. Reg. 1, as amended, 6 F.R. 6680;W.P.B. R-. 1, 7 F.R. 561; E.O. 9024, 7F.R. 329; E.O. 9040, 7 F.R. 527; .O. 9125,7 F.R. 2719; sec. 2 (a), Pub. Law-671, 76thCong., as amended by Pub. Laws 89 and507, 77th Cong.)

Issued this 17th day of November 1942.


The ltc= of construct.on machinery andequipment appearing in Schedule A are sub-ject to all the paragraphs of this order.

.Items which appear In both Schedules Aand C may be ordercd and produced only formilitary purposes as stated in paragraph (d)(1) (U) and (e) (4).

Angledozr and modifications thereof.Batchers, construction material.Batching plants, conetruction type.Bins, constructlon matcrial, portable.Bins, construction materal, stationary.Brooms, contractors rotary.Bulldozero and molfilcations thereof.Crane3, crawlcr mounted power.Cranez, tractor mounted power.Cranes. rubb r tired mounted power.Crusmer jaw and roll, portable type.Crushing plants, portable type.Darricim, guy.Derricks, stiff leg.DLMrlbutom, bltumlnouw.Ditcher=, ladder.Dltchers, wheel.

96S9


Draglines, see cranes.Draglines, slack line.Draglines, walking.Dredges, and dredge equipment.Drilling machines, blast hole drills.Drilling machines, core drills.Drilling machines, rock portable mounted.Dryers, construction aggregate.Earth boring machines.Excavators, see power shovels.Finegraders and subgraders, self-propelled.Finishers, concrete.Finishers, bituminous paving.Forms, concrete road.Graders, blade or pull type earth moving.Graders, elevating earth moving.Graders, self-propelled earth moving.Grapples.Hammers, pile.Heaters, and circulators, tank car.Hoists, contractors.Loaders, portable bucket (other than coal).Maintainers, road.Maintainers, shoulder.Mixers, bituminous cold mix type-10 tons

per hour capacity or more.Mixers, agitator concrete truck type.Mixers, concrete truck mounted with ele-

vating towers.Mixers, concrete construction-above 10 cu.

ft. size.Pavers, concrete.Plants, stabilizing.Plants, asphalt.Plows, snow-V and blade type, truck, trac-

tor or grader mounted.Plows, snow rotary type.'Power control units for tractors-both cable

and hydraulic.Pumps, portable cngine or electric motor

driven pumping units mounted on skids,with or without handles, or trailer mounted,larger than 90 M gallons per hour self-prim-Ing centrifugal pumps, horizontal or verticaltriplex piston road pumps, ordinarily used forcontractors' purposes or by contractors fordewatering and supply, as defined and ap-proved in Contractors Pumps Standards bythe Associated General Contractors of Amer-ica, Inc. (A. G. C.), February 21, 1941.'

Rippers, road.Rollers, road pneumatic tired.Rollers, road portable.Rollers. tamping and sheepsfoot.Rollers, road tandem.Rollers, road three wheeled.Scrapers, carrying and hauling, both drawn

and self-propelled.Screening plants, portable type.Shovels, crawler mounted power.Shovels, rubber tired mounted power.Shovels, tractor mounted power,Spreaders, concrete.Sweepers, street.Sweepers, street, motor pick-up.Wagons, contractors crawler.Washing and sereening plants, portable

type.Winches, tractor mounted.

SCHEMULE B

The items of construction machinery andequipment appearing in Schedule B are sub-Jett to all the paragraphs of this order ex-cept:

1. Paragraph (d), controlling the procedurefor placing and receiving orders.

2. Paragraph (1)1, restricting resale, rentaland use of equipment.

Blade bits.I Blades, grader.

Breakers, paving.Buckets, clamshell.Buckets, concrete.Buckets, dragline.Buckets, orange peel.Buckets, scraper (bottomless) for dragline

operation.Buggies and carts, concrete hand operated.Buggies and carts, concrete power propelled.Centerline markers.Chutes, concrete handling.Concrete, surfacing machines.Conveyors, construction material.Crushers, gyratory and cone (portable

type).Disc, road.Distributors, water.Ditchers, blade.Drills, Jack hammer.Drills, rock except portable mounted.Filling machines, joint and crack.Flnegraders and subgraders, drawn type.Finishers, floor other than wood.Form tamping machines.Graders, under truck type.Heaters, asphalt surface.Heaters, concrete mixer.Hoppers, portable congrete.Jacks, mud.Joint levellers.Kettles, bituminous heating.Loaders, portable snow.Mixers, aggregate pulverizers.Mixers, bituminous, cold mix type, under

10 ton per hour capacity.Mixers, concrete construction, 10 cu. ft. and

smaller.Mixers, plaster and mortar.Paving breakers.Plows, cable laying.Pumps, concrete.Pumps, portable engine or electric motor

driven pumping units, mounted on skidswith or without handles, or trailer mounted,90,000 gallons per hour and smaller self--priming, centrifugal pumps, plunger pumps,or diaphragm pumps ordinarily used for con-tractors purposes or by contractors for de-watering and supply as defined and approvedby the Associated General Contractors ofAmerica, Inc. (A. G. C.), February 21, 1941,excluding farm type, industral type andUnderwriters approved fire fighting pumps.

Scariflers.Scrapers, drag, fresno and rotary.Screens, rotary, vibrator and gravity types,

other than coal and industrial.Sprayers, bituminous material.Spreaders, aggregate.Towers, concrete placing.Towers, material elevating.Vibrators, concrete.Winches, contractor.

ScEULE C

The items appearing in Schedule C maybe ordered and produced only for militarypurposes as provided in paragraphs (d) (1)(ii) and (e) (4).

Batchers, construction material.Batching plants, construction type.

1Formerly paragraph (J).

Bins, construction material, portable.Bins, construction material, stationary.Brooms, contractors rotary.Buckets, scraper (bottomless) for draglino

operation.Buggies and carts, concrete hand operated.Buggies and carts, concrete power pro-

pelled.Centerline markers,Chutes, concrete handling.Concrete surfacing machines,Conveyors, constructioa material-eXcept

when a part of a portable crushing plant,Derricks, guy.Derricks, stiff leg.Disc, road.Ditchers, blade.Dredges, and dredge equipment.Drilling machines, core drills.Drilling machines, portable well.Dryers, construction aggregate, except port-

able type.Filling machines, joint and crack.Finishers, floor other than wood.Form tamping machines,Graders, blade or pull type'earth moving.Graders, elevating earth moving.Graders, self-propelled earth moving.Graders, under truck type.Grapples.Heaters, asphalt surface.Hoists, contractors.Hoppers, portable concrete.Jacks, mud.Joint levellers.Maintainers, road,Maintainers, shoulder.Plants, asphalt except portable travel-mix

type.Plows, cable laying.Plows, snow-V and blade type, trucl, trac-

tor or grader mounted. ,Rollers, road pneumatic tired,Rollers, road tandem.Rollers, road three wheeled,Scrapers, drag, fresno and rotary,Screening plants, portable type,Sweepers, street..Sweepers, street, motor pick-up.Towers, concrete placing.Towers, material elevating.Washing and screening plants, portable

type.

IF. R. Dc. 42-12255; Flied, November 21, 1042;12:22 p. m.]

PART 1176-IRoN AND STEEL CONSERVATION

[Conservation Order M-126 as Amended Nov.21, 1042]

The fulfillment of requirements for thedefense of the United States has createda shortage in the supply of iron and steelfor defense, for private account and forexport; and the following order is deemednecessary and appropriate In the public,interest and to promote the nationaldefense:

§ 1176.1 General ConserVation OrderM-126-(a) Deflnitions. For the par-pose of this order:

(1) "Governing date", with respect toany item on List A or List S, or part

9690


thereof, means the date set forth oppo-site such item.

(2) 'Army- Navy - Maritime order"means an order for material to be pur-chased (or physically incorporated intomaterial to be purchased) by or for theaccount of the Army or Navy of theUnited States, the United States Mari-time Commission, or the War ShippingAdministration, where with respect toany item on List A, or part thereof, theuse of iron or steel, or with respect to

- any item on -1st 5, or part thereof, theusedof stainless steel, is required by thespecifications (including performancespecifications) -of the Army or Navy ofthe United States, the United StatesMaritime Commission, or the War Ship-ping Administration, applicable to thecontract, subcontract or purchase order.

(3) The terms "iron" and "steel" shallnot be deemed to include screws, nails,rivets, bolts, or wire, strapping or small

- hardware for joining or other sirmila es-iential purposes.

(4) The term "stainless steel" meanscorrosion or heat resistant alloy iron oralloy steel containing 10 per cent or moreof chromium with or without nickeland/or other alloying elements.

(5) 4Process" means cut, draw, ma-chine, stamp, melt, cast, forge, roll, turn,spin or otherwise shape.

(6) "Put into process" means the first- change by a manufacturer in the form

of material from that form in which itis received by him.

('7) The.term "assemble" shall not bedeeme,-to include the putting togetherof an article after delivery to a sales out-let or consumer in knockdown form pur-suant to an established custom. Theterm "assemble" shall also not be deemedto include adding finished parts to another'isefinished article when the plac-ing of one or more finished parts or thesize or type of one or more finished partsis determined by the use to which theultimate consumer is to put the article.

(b) Restrictions ith respect to ListA prqducts. Except as provided in para-graph (d):

(1) Raw material deliveries. Fromand after the applicable governing dateof anyitem on List A, no person sball de-liver or accept delivery of any iron orsteel which he knows or has reason toknow will le used to make such item, orany part thereof.

(2) Fabrication-i) Limitation. Dur-ing the So days next following the ap-plicable governing date of any item onList A, no person shall put into processany Iron or steel to make such item, orany part thereof, In an aggregate weightgreater than 75 per cent of the averagemonthly weight of -all metals put into

- process by him during 1941 in the making

of such item and parts, and no persanshall put into proces any iron or steel Inthe making of any such item or part un-less processing thereof will be completedwithin such 30 day period.

(i) Prodbition. From and after thedate 20 days after the applicable govern-ing date of any item on Ist A, no personshall process any iron or steel to makesuch item, or any part thereof.

(3) Assembly. From and after thedate 60 days after the applicable govern-ing date of any item on IAst A, no parsonshall assemble such item, or any partthereof, containing any iron or steel.

4) List A products without garmrningdates. With respect to any Item on List Awithout a governing date, (1) no personshall deliver or accept delivery of anyiron or steel which he knows or has rea-son to know will be used to make suchitem, or any part thereof, (H1) no perconshall put into process or procem any ironor steel to make such item, or any partthereof, and (Ill) no person rhall aszn-he such item, or any part thereof, con-taining ady iron or steel.

(5) Finished item deliveries. No per-son shall deliver or accept delivery of anyitem on List A, or part thereof, which heknows or has reason to know was fabri-cated, assembled or delivered In violationof any applicable provision of this orderas amended from time to time.

(c) Restrictiong'wIth respect to Lit Sproducts. Except as provided In para-graph (d):

(1) .Raw materiaZ divrries. Fromand after the applicable governing dateof any item on List S, no person shalldeliver or accept delivery of any stainlesssteel which he knows or has reason toknow will be used to make such Item, orany part thereof.

(2) Fabrication-l) Limitation. Dur-ing the 30 days next following the ap-plicable governing date of any Item onist S, no person shall put into processany stainless steel to make such Item, orany part thereof, In an a gregate welght;greater than 50% of the average monthlyweight of stainless steel put into processby him during 1941 In the making of suchitem and parts, and no person shall putinto process any stainless steel in themaking of any such item or part unlezsprocessing thereof will be completedwithin such 30 day period.

i) Prohibition, From and afterthe date 30 days after the applicablegoverning date of any item on LIst S,no person shall process any stainlesssteel to make such item, or any partthereof.

(3) Assembly. From and after thedate 45 days after the applicable gov-erning date of any item on Lit S, noperson shall assemble such item, or any

part thereof, containing any stainlesssteel

(4) Finished ' ites deZiveries. Noperson shall deliver or accept delivery ofany item on List S or part thereof,which he knows or has reason to knowwas fabricated, assembled, or deliveredin violation of any applicable provisionof this order as amended from time totime.

(d) Exemption for Army-Nary-mari-time orders. (1) The provisions ofparagraph (b) with respect to items onList A with governing dates shall notapply to Army-Navy-Maritime ordersfor such items, or any parts thereof, fora period of 60 day.s after the applicablegoverning date. From and after theexpiration of the applicable exemptionperiod, no person shall deliver, acceptdelivery of, plit into proces-, process orazsemble any iron or steel for the mak-ing of any Item on List A, or part there-of, unless such item or part is on ListC. The provisions of paragraph (b)rb'01 not apply to Army-Navy-Maritimeorders for any Item on List C, or partthereof, except that stainless steelshallnot be used to make such item andparts, unless pamitted by paragraph(d) (3).

(2) The provisions of paragraph (c)shall not apply to Army-14avy-Maritimeorders for any item on List S, or pmtthereof, for a period of 60 days after its

overning date. From and after the ex-piration of the applicable exemption pe-riod, no person shall deliver, accept de-livery of, put Into process, process orassemble any stainless steel for the mak-ing of any item on ist S, or part there-of, unless such item or part is on List C.

(3) Except as otherwise specified onist C as to any item, or pat thereof,stainle- steel may be used to make alyItem onIist C, or part thereof, forArmy-Navy-Maritime orders until December31, 1942. Except as provided in para-graph (d) (4), on and after December31, 1942, no person shall use any stain-less steel to make any item on List C, orpart thereof, unless, and then only tothe extent that, the use of stainless steelis expressly permitted for such item.

(4) Where the use of stainless steelor a type of stainlei- steel in the mak-Ing of any item on List C, or part there-of, for Army-Navy-Maritime orders isprohibited by the provisions of this or-der, and the person making any suchitem or part is unable to secure per-mited materials, a further exemptionperiod is hereby granted for the mini-mum period of time necessary to obtainsuch permitted materials, but in no eventlater than April 30, 1943.

9691


(e) Restrictions with respect to otherproducts-() Roofing and siding. Noperson shall manufacture any iron orsteel into roofing and siding except:

(i) For delivery to or for the accountof the Army or Navy of the United States,the United States Maritime Commission,The War Shipping Administration, thePanama Canal, the Coast and G~pdeticSurvey, the Coast Guard, the Civil Aero-nautics Authority, the National AdvisoryCommittee for Aeronautics, the Office ofScientific Research and Development; or

(ii) For delivery on a preference ratingof AA-5 or higher assigned by a PD-3Apreference rating certificate or by a pref-erence rating order in the P-19 series; or

(iii) For defense housing, to the extentspecified in the Defense Housing CriticalList; .or

(iv) For the manufacture, mainte-nance and repair of railroad freight cars,street cars, or busses; or

(v) For deliveries on preference rat-ings assigned by the Board of EconomicWarfare or for deliveries on Lend-Leaseorders; or

(vi) For delivery to an ultimate pur-chaser for maintenance and repair pur-poses regardless of rating. With respectto this paragraph (e) (1) (vi), no personmay manufacture from May 5, 1942 toDecember 31, 1942, more than 20 percentof the roofing and siding made by himfrom iron or steel during the calendaryear 1940; or in the calendar year 1943or any subsequent calendar year, morethan 25 percent of the roofing and sidingmade by him from iron or steel, duringthe calendar year 1940.

Any person manufacturing or selling anysuch roofing or siding may rely on thecertificate of his customer that such roof-ing or siding will only be sold or used aspermitted by this paragraph (e) (1).

(2) Other products. No .person shalluse any iron or steel to make any articlenot prohibited on List A, or any partthereof, where and to the extent that theuse of other material (excluding materialon List D) is practicable. Alloy steelshall not be used when the use of carbonsteel is practicable, and no more iron orsteel shall be used in connection.with themanufacture of any such article than isessential. The provisions of this para-graph (e) (2) shall not apply in the caseof articles or parts to be purchased by orfor the account of the Army or Navy ofthe United States, the United StatesMaritime Commission or the War Ship-ping Administration, or to be physicallyincorporated into products to be so pur-chased to the extent that the use of ironor steel is required by the specifications

(including performance specifications)of the Army or Navy of the United States,the United States Maritime Commissionor the War Shipping Administration ap-plicable to the contract, subcontract orpurchase order.

(f) Restrictions with respect to otherscarce materials. No person whose useof iron or steel is restricted by para-graphs (b), (d) or (e) shall use as a sub-stitute therefor any material on List D.

(g) Disposition o1 frozen and excessiveinventories,- The disposition of frozenand excessive inventories containing ironor steel shall be subject to the applicableprovisions of Priorities Regulation No. 13( 944.34).

(h) Miscellaneous provisions-(1) Ap-plicability of priorities regulations. Thisorder and all transactions affectedthereby are subject to all applicable pro-visions of the Priorities Regulations ofthe War Production Board, as amendedfrom time to time.

(2) Appeal. Any appeal from the pro-visions of this order must be made onForm PD-500 and must be filed with thefield office of the War Production Boardfor the district in which is located theplant to which the appeal relates.

(3) Applicability of order. The pro-hibitions and restrictions ccgtained inthis order shall apply whether the itemsare ordered or manufactured pursuantto a contract made prior to, on, or subse-quent to May 5, 1942, or pursuant to acontract supported by a preference rat-ing. Insofar as any other order of theDirector General for Operations mayhave the effect of limiting or curtailingto a greater'extent than herein providedthe use of any material in the productionof any item, the limitations of such ordershall be observed.

(4) Intra-company deliveries. The re-strictions of this order with -respect todeliveries prohibit or restrict deliveriesnot only to other persons, including af-filiates or subsidiaries, but also from onebranch, division, or section of a singleenterprise to another branch, division orsection of the same or any other enter-prise under common ownership or con-trol.

(5) Violations. Any person who wil-fully violates any provision of this or-der, or who, in connection with thisorder, wilfully conceals a material fact orfurnishes 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 obtainingfurther deliveries of, or from processingor using, material under priority control

and may be deprived of priorities as-sistance.(6) Installation. The restrictions of

this order with respect to putting Intoprocess, processing, and assembling shall

-not apply to the Installation of an itemor part for the ultimate consumer on hispremises when any putting into process,processing or assembling of such Item orpart is incidental to such installation andis done on such premises.

(7) Repair. The restrictions of thisorder (other than those contained inparagraph (e) (2)) shall not apply to aperson repairing a used article on or offthe premises of the owner, if the personmaking the repair does not use iron orsteel weighing in the aggregate morethan 25 pounds and if any putting intoprocess, processing or assembling donebY such person is for the purpose of mak-ing the specific repair. The limitationsin this paragraph (h) (7) on repairinga used article shall not apply to any itemon List A or List S, or part thereof, to theextent that maintenance and repair ofsuch item is specifically excepted on ListA or List S.

Issued this 21st day of November, 1042.ERNEST KAIZLEU,


rasT A

NoTE: Additions and deletions have booemade in List A. Gov0risng

Item date"A" Frames and booms for light- Nov. 5, 1943

ers, 25 tons capacity and un-der.

Access panels--except as re- Nonequired 5y Underwriters Code.

Accessories, soda fountain' - July 15, 1043Acoustical ceilings ----------- NoneAdhesive tape sleeves --------- July 1, 1049Advertising novelties -------- NoneAir-conditioning systems --ex- None

cept for hospital operatingrooms and Industrial plants.

Ampule scorers --------------- Nov. 5, 1042Amusement park devices and None

roller coasters.lArea walls -------------------- NoneAsh sieves -------------------- NoneAsparagus tongs ------------- NoneAtomizers, perfume-boudoir ... NoneAtti fans -------------------- NoneAutomobile accessories-except None

as required by law.Automobile heaters '-except for July 16,1042

passenger carriers, as definedin L.-158, police cars, ambu-lances, trucks and fire wagons.

Awning frames and supports... NoneBag, purse, and pocketbook None

frames. -Balers, paper for household use. July 15,1042

'Maintenance and repair excepted,

9692


GovernngItem date

Ball park equipment including July 15, 1942but not limited to.

Cages.'Fences.Lighting systems - except

lamp bulbs.Metal bases.Protective netting.'Railings.Rollers.Score boards.ScreenS?Seats.'Tampers.

Banks, personal, toy, minla- None-ture.Barber and beauty shop furni- None

ture.Barber and beauty shop sup- July 15, 1942

plies, machines and equip-ment-

Barn pushers and scrapers --- July 15,1942Barware and bar accesorles .... July 15,1942Bases on refrigerating machines Nov. 5.1942

below one H. P.Baskets--except for commercial None

cooking and manufacturinguses.

Baths, steam, all types ------- Nov. 5,1942Bath tubs ------------------ NoneB-B shot for air rifles .--------- NoneBeach umbrellas ------------ July 15,1942Beds--except hospital -------- NoneBed spring frames--except for None

hospital link fabric springtype bed.

Beer kegs-except hoop and fit- Nonetings for wooden kegs.

Beer mugs ----------------- NoneBeer stands ----------------- NoneBeer steins ----------------- NoneBench legs-except industrial _. None39everage bottle cases, includ- July 15,1942

ing but not limited to beerand all soft drinks.

Bicycle racks ---------------- Nov. 5,1942Binding, linoleum ----------.- Nov. 5,1942Binoculars-except U. S. Gov- None

ernnent Agencies.Bird cages and stands - ...... NoneBird houses and. feeders-...... None-Biscuit boxes --------------- NoneBlackboards ... _..--.------- NoneBladc stroppers. mechanical.-.. NoneBleachers and grandstand3,_._ NoneBlocks, hat ----------------- July 15,1942Boards, sounding ------------ Nov. 5,1942Boat hooks ---------------- Nov. 5,1942Book ends ......-------------- NoneBoot jacks ..... - ------ Nov. 5,1942Bottle holders-except hospitaL__ NoneBowling alleys, bowling pins July15, 1942

and accessories?Boxes and trays for jewelry, None

cutlery, combs, toilet sets.Boxes, meter and covers-ex- Nov. 5,1942

cept industrial.Braces, extensible steel trench-. Nov. 5,1942Bread and cake boxes, house- July 15,1942

hold.Bread slicers for home use- July 15,1942

except knives.Bridge splash guards ---------- NoneBrushes and brush-backs-ex- July 15, 1942

cept industrial.Buckles, for clothing--except July 15,194:

overalls, overall suits, dun-garees.

Buckles for ----------------- July 15,1942Pocketbooks.Shoes--except for water-

proof shoes..

IMaintenance and repair excepted.

GorirnfngItem data

Building ornaments ----------- IlonoBuildings, portable ........ Nov. 5,1942Burial lowering devlce ......-.-. Nov. 5,1942Butter chips - .--------- lonaButter knives ...........-------- NoneButtons for clothing--except for July 15, 1942

overalls, overall suit, and dun-garees.

Buttons for work clothing-=ex- Nov. 5,1942cept 22 line fly button of plaindesign and 27 line button withwreath design for remainder ofgarment, and except open topbutton of not more than tvopieces exclusive of the tack orfastener. -

Cabinets--except ------------ NoneHospital operating and exam-

Ining rooms.As permitted In Limitation

Orders L-13-a and L-62.Cake cutters ---------------- NoneCake Icing equipment - -........ July 15,1942Cake tongs ..----------------- NoneCalendar and memo pad stands. July 15, 1942Calliopes or steam organs -- July 15,1942Candy display dishes ---------- NoneCanes -----------.......---- July 15, 1942Canopies, heeds and supports... NoneCans. containers, closers and

closures:Cans or containers for- ...... None

Anti-freeze (under 5 gal.size).

Artist supplies.Tobacco prcducts.Bouillon cubes.Candy.Caviar.Chalk.Coffee.Gloves.Incense.Lawn seed.Nuts.Pencils.Phonograph needid.Playing cards.Razor blades--except metal

holders which are integralparts of the mechanismnfor inserting blades intosafety razors.

Sponges.Staples.Tennis balls.Toilet vter.Yarn.Cosmetics and toiletries.... July 15,1942

Closers for paper and cello- Nov. 5,1942phane bags--except bags for25 lb. content or more.

Closures for glas coffee con- Nonotaner--except that suchclosures may be prceseduntil December 1,1942 fromdistres ed stocks of blackplate lithographed an orbefore September 3, 1942.

Closures for cozmetics and July 10,1942toiletries.

Car washing machine -------- N ov. 5,194Carillons ------- July 15, 1942Carpet rods........... Il.... NoneCarriers, casket' ...... July 1,1942Carrousels (Merry-go-rounds).. July 10,1942Carving set holders .......... NonaCases, vanity .................- July 15, 1942Cash boxes--------- ToneCash registersIl ....... NonoCasket hardware- ..... NoneCasket trucks, undertaker'--ex- Nov. 5,1942

cept wheels.Ceilings ............ --------------- None

Htem dateChafng dishes_ .....------. Nov. 5,1942Chamber pcts.. ......... July 15, 192Cheeze -h- ............. NoneChicken crates- ..... N... oneChicken hou e Ecrapers-...... July 15,1942Christmas tree holds's_- .... NoneChrltmas tree ornament.__. NaneCigar and cigarette holders and None

Cccs.Cigar clipper_.. -.

-.... -... None

Cigarette plghter.olders ..... None.Cigarette package holders---- Nov. 5,1942Cigarette ma k I n g machines, Nov. 5,1942

hand.Circus and carnival apparatus, July 15,1942

equipment and devices, In-cluding but not limited to:

Animal cages.'Anlmal stands.Tent standers.Trailers?.Trapez a. ba

Clarps, hair. Including bar- Nov. 5, 42rettc. decorative clips andfasteners, but not includingcommon bob and hair pinsand amps for hair curling orwaving.

-Clips for attaching baggage tar-. Nov. 5, 1942Clock caes--except on recording None

and controlling industrIal in-struments.

Clothes lines-.......... Nov. 5, 1§42Clothes line puleys ...... NoneClothes line rcels..NoneClothes racks and dryers---- NoneClothes tre-....... ....... NoneClothing trim and dreza orna- July15,1942

ments.Coal chute and door, hous- None

hold.Coal pan. .....- .......... NoneCoasters and trivets for glacs July15,1942

and hobt containers.Cocktall Gl=.e.- ............ NoneCoc-tail Ilt..__oneCocktail shakers---- - -- NoneCoin changers--except for pub- July 15, 19-2

l1c tranportation.Combs., hair-except curry JulylS,1942

combs.Ccmp~eta_ _ t__- ... . NoneConcrete and cement hardener. Nov.5,1942C oo k I n g stoves, commercial None

electrc.'Copy holde.. ........ NoneCon poppers and machlnes__ NoneCounter tops and edging____ NoneCovers for automotive leaf-type Nov. 5,1942

springs.Covers, manhol---exceypt rin- Nov. 5,1942

forcing and b-'nding.Covers. meter frame--except in- Nov. 5,1942

du-trlW.Crochet ho .......... July 15,1942Croquet msto......... NoneCrumb trays.-....... NoneCrutch- - - - IT v.5,1942Culverts, including conduits, None

corrugated pipe, and corru-gated plates for pipe andarches for culverts--except:

Reinforcing for concrete.NTe-tablo culverts for use out-

side continental limits ofU.S.

Culverts, reinforced concrete- Nov. 5,1942except:

Interior Installations.Outside continental limits ofU.S.

Under acce s roads.Under airport runways.Under railroad rights of way.

9693

9694 FEDERI

GoverningItem date

Cups ofall kinds, drinking - NoneCurb guards ---------------- NoneCurler, hair, non-electric ----- NoneCurling irons ---------------- Nov 5,1942Curtain stretchers ------------ July 15,1942Darners, sock ---------------- Nov. 5, 1942Decorative iron products ----- NoneDesk equipment, including but July 15,1942

not limited to:Desk sets.Desk pads.Fountain pen and pencil

stands.Letter openers.Name plates.Paper weights.

Diaper cans, containers, or re- Nov. 5,1942ceptacles.

Dictaphone racks ......---------- NoneDinner bells ---------------- NoneDishwashing machines '-except None

hospitals.Dishwashing racks, household.- July 15,1942Dispensers, hand, for ---------- None

Hand lotionsPaper productsSoapStraws

Display forms ----------------. July 15,1942Document stands ------------- NoneDoor thimes -------------------- NoneDoor closers '-except for hos- None

pitals, public toilet doors, ex-terior doors on public build-ings, and where required tomeet fire regulations.

Door handles-except shipboard Noneuse.

Door knockers ---------------- NoneDoor mats------------------ July 15,1942Door stops ----------------.-- NoneDrain boards and tub covers, None

household.Drawer pulls--- z .------------- NoneDress forms ----------------- NoneDummy police' ........... ---------- NoneDust collecting systems and None

equipment '-except on AA-5or higher.

Dust covers and enclosures'- July 15, 1942except industrial.

Easels, all types --------------- July 15,1942Edging, furniture and linoleum. Nov. 5,1942Ediphone racks --------------- NoneEgg slicers ------------------ NoneElectric drinking water coolers- None

except for use in wai plants.Embalming tables ' ----------.- July 15,1942Enameled tile sheets and, Nov, 5,1942

squares.Enamel store fronts ----------- NoneErAsing knives -------------.-- NoneErasing shields --------------- Nov. 5,1942Egcalators I ------- ----------.- NoneExercise and reducing ma- July 15, 1942

chines.1Exhibition and fair apparatus July 15, 1942

and equipment,' includingbut not limited to:

Lighting equipment.Racks.Stands.

Fan stands, all types --------- Nov. 5,1942Feed troughs ----------------- NoneFences, chain link-except on None

A-2 or higher..Fences, chain link-A-2 or July 15,1942

higher.Fence posts-except on A-2 or None

higher.Fence posts-A-2 or higher- Nov. 5,1942

Maintenance and repair excepted,

AL REGISTER, Tuesday, November 24, 1942Governing

Item dateFences, ornamentaL --------- NoneFerneries, metal -------------- Nov. 5, 1942Finger bowls ----------------- NoneFireplace equipment, including None

but not limited to grates,clean out doors and ashdumps-except dampers.

Fireplace dampers ----------.- Sept. 3,1942Fireplace screens ------------ NoneFirst aid kits --------------- Nov. 5,1942Fish aquariums ------------- NoneFlag.holders ----- ------------- Nov. 5,1942Flagpoles ------------------- NoneFlashlight tubes ------------ NoneFlatware--except cooking and July 15,1942

eating utensils.Floats for pageants, parades, July 15,1942

advertising, etc.-excepttrucks.

Floor and ceiling plates for Nonepiping.

Floor and counter covering Nonetrim.

Floor polishing machines ...... NoneFloor scrapers--except power- July 15,1942

driven.Floral tools and floral hoes --- July 15,1942Florist supplies --------------- Nov. 5,1942Flour, salt and pepper shakers. NoneFlower boxes, pot holders and None

vases.Flower shears ----------------. NoneFly traps -------------....... .NoneFood vending machines, includ- Nov. 5,1942

ing automata.Foot baths--except hospitals_... NoneFoot scrapers ---------------- N NoneForms and accessories for resi- Nov. 5, 1942

dential and commercial con-crete construction.

Fountain pens--except func- Nonetional parts.

Fountains, ornamental -------- NoneFrames, catch basin and grater, Nov. 5, 1942

all types.Frames, clothes drying -------- July 15,1942Frames for artists' canvas, darn- July 15,1942

ing and needleworkFrames, steel-blocking --------- Nov. 5,1942Fruit juice extractors, house- July 15, 1942

hold.'Furniture '-except: None

Wood furniture.As permitted in Limitation

Orders L-13-a and L-62.Hospital operating and exam-

ining rooms.Hospital beds and cots.

Game and gambling devices.... July 15,1942Garage hoists, car lifts, and None

racks.Garbage grinders, household '. July 15,1942Garden trowels -----------... July 15,1942Garment hangers ------------- July 15,1942Gas toasters, household -------- July 15,1942Gates for fences --------------. Nov. 5,1942Gates. railroad crossing, except Nov. 5,1942

mechanism.Glassware holders and trIm--ex- July 15,1942

cept on cooking utensils.Golf bag supports ------------- NoneGrass shears ---------------.-- NoneGrass whips ----------------- July 15,1942Grave markers -------------.-- Nov 5,1942Grilles ----------.. .------ ---- None

Ornamental.Sewers-except on AA-5 or

higher and reinforcing forconcrete sewers.

Grills. outdoor ------------- July 15,1942Guards for guy wires ----------- Nov. 5,1942"Gutters, spouting, conductor None

pipe, and fittings for singlefamily dwellings.

1

GoverningItem date

Gutters, spouting, conductor Nov. 5,1942pipe and fittings for dwellingstwo stories or less in height (2family or more).'

H-Bar units ----------------- Nov. 5,1042Hair combs, except curry combs. July 16,1942Hair dryers ................. .. NoneHand seals for documents --- July 15, 1942Hand weeders ---------------- July 16,1942Handles, broom and mop ----- July 16,1942Hangers and track for garage None

doors for private use.Hanger r in g s on brushes, None

brooms, etc.Harness and saddlery fittings '- July 15, 1042

except for draft, work andranch animals.

Hat frames ------------------ NoneHat-making machinery ' - .... NoneHeat resisting pads for house- Nov. 5,1942

hold use.Hedge shears ----------------- NoneHelmets--except on AA-5 or None

higher.Highway r a il r o a d flasher July 15,1042

lights '--except lamp bulbs.Highway guard rail, wire, strip July 15,1942

and posts.,Highway guard rail reflectors'. July 15,1042Hitching posts --------------- July 16,1042Holders, wire, all types -------- F v. 5,1942Hoops, galvanized wire, for July 16,1942

flower garden trim.'Hose reels--except: None,

Fire fighting equipment.Industrial uses in direct ire

hazard areas.Hospital, medical, dental and July 16,1942

related equipmentVAnesthesia tables-except for

use in operating rooms,Arm Immersion stands.Back rests,Bassinets-excet for frame

and basket and isolationcabinet type.

Bath cabinets--except hos-pital use.

Bed feeding and reading trays.Bed trays.Bedside panel screens.Blanket warming cabinets.Book trucks-except wheel

tires.Bowl stands-except for use

in operating rooms./ Cabinets for diathermy, sinus-

oldal and galvanic appa-ratus

Chairs, other than examiningor specialist chairs or dentalchairs.

Chart holders--except neces-sary hardware.

Chiropractic a d j u s t m e n ttables.

Clothes hampers.Commodes-except receptacle.Couch tables.Dental cabinets.Dish trucks- except wheel

tires.Dressing -stands.Dressing carriages-x c e pt

frame and necessary hard-ware.

Examining tables, non-adjUst-able

Ice trucks-except wheel tires.Instrument cabinets--except

for use in operating rooms.Instrument tables-except for

use In operating rooms.


GoverningItem date

Hospital, medical, dental-Con. July 15,1942Laundry trucks-except wheel

tires.Linen hampers- except- for

frames.Linen trucks--except wheel

tires.Needle cablnets-except for

use in operating rooms.Nurses' work tables.Orthopedic and fracture

carts-except wheel tiresand frames.

Overbed and swing overbedtables.

Record and chart desks andracks.

Shelf trucks- except wheeltires and frame (not food).

Stands and racks for colonicirrigation apparatus.

Sterilizer stands - exceptframe and top.

Stools-except for use in oper-ating rooms and exceptmechanism for adjustablestools.

Stretchers, wheel type-exceptwheel tires and frames.

Supply and treatment cabi-nets-except for operatingrooms.

Tables, examining, adjust-able-except frame andoperating mechanism.

Thermometer baskets.Utensil racks.Vasoscllator-o s c I I I a t -

ing beds.Wall shelf stands-except for

use in operating rooms.Wheel chairs--except essen-

tial hardware.Hospital, medical, dental and Nov. 5,1942

related equipment:Chiropody chairs.Nose and throat chairs, hy-

draulic.Optical chairs, hydraulic..Osteopathic tables.

House numerals ...... -- __ NoneHouses ... .......... Nov. 5,1942

Tool.Hog.Poultry-except wire netting.

Humidiflcation devices-except Nov. 5,1942industrial and hospital use.

Humidors__ ------------------ July 15,1942Ice box exteriors-except port- None

able blood banks.Ice cream freezers, household__-- NoneIce cream molds -----------. Nov. 5,1942Ice cube trays ..------------. NoneIncinerators--except industrial, None

commercial and to the extentspecified in Defense HousingCritical List.

Ink well holders-..-..-------- NoneInlets, gutter, all types-....... Nov. 5,1942Inlets, sewer, all types ......- Nov. 5,1942Insulation, m eta 1 reflecting Nonetype.

Ironing boards and stands..... July 15,1942Jam boxes ----------------- NoneJelly molds ............ ..... NoneJewelry -------- ------ NoneJewelry cases --------------- None

lMaintenance and repair excepted.

GocrningItem date

Jugs, picnic, all types......... ITov. 5,1942Kaleidoscopes-------....... July 15,1942Key chains, cases and rlngs.__. July 15, 1942Keys for opening cans ..... July 15, 1942Knitting needlcs....... ..... IloneLadders, step -..-......- ... Nov. 5,1942Lanterns, magIc ....... July 15,1942Lard or vegetable oil tubz-ex- Nlone

cept 5 lbs. and over, and Strapsfor wood containers.

Laundry chutes ..-------.. NoneLaundry trays-except reinforc- Ilone

ing mesh.Lavatorles---except hangers - N-- IloneLawn and landscaping equip- Nov.5,1942

ment. all types.Lawn brooms ............... July 15,1942Lawn edgers ......-------------- July 15,1942Lawn rakes ............----------- July 15,19-2Lawn rollers '-... - July 25,1942Lawn tampers ............ July 15,1942Lawn seeders I -------------- July 15,1942Lawn Eprinklers ............ IlonoLetter chutes ----.............- N NoneLetter openers ............. loneLetter trays ........---------- NoneLighting poles and standards ,_. NoneLipstlck holders ...........-- -.. NoneLobster fork. ............. NoneLobster tongs -l............ oneLockers--except ............ . None

Oil refinery use.As permitted by Limitation

Order L-13-a.Logs, artificial, for gas and ecc- July 1. 192

tric fireplace.Luggage, except locks ....... July 15,1942Lunch boxesN............ ... Nov. 5,1942Mal boxes--except an required None

by U, S. postal regulatlona.Mailing tubes or cascs-except lone

for transportation of bacteria,cultures, Serums, plasma, andbiological specimens.

Marine hardware for pleasure Noneboats.

Marquees .....-........... NonMatch boxes...... NonaMaterlal for housing, not other- None

wise specified In this order-except to the extent specifiedin the Defense Housing Crltl-Cal List.

Measuring pumps and dlpens- Noneers3 for gasollne Station, ga-rage and household ure, in-cluding but not limited to:

Air pumps.Grease guns.Grease pumps.Gasoline dispensing pumps.Kerosene pumps.Oil pumps - except barrel

pumps and lubesters.Meat molds ......... Tov. 5,1942Mechanical book bindlng...... NloneMemorial tablets ..... July 15,1942Menu holders-------..... IoneMetal cloths, except for Indus- Nov. 5.1942

trial processing.Metal dust covers and enclo- July 15,1942

sures--except Industrial.M bottle cams-except that None

a total of 41 lbs. of Iron andsteel per case (including join-ing and esential hardware)may be used.

Mllinery wire and glmp-, -..... Ilono

Governi-gIt re date

Mirrrs n. L... - . . IloneMono,-ram. and Initals....... July 15,1942Mop wrln.. .............. NoneMotlon picture cameras ___ _ Nov. 5,192Motionpicture projectors _ Nov. 5,1942Motion picture screem stands .. Nov. 5, 1942Mud scraps-............-.. Nov. 5,1 42Music stand..------------ NoneNapkin rings......NoneNechtie rack. .... NoneNewzpaper boxes or holders_ NoneNovelties ana souvenrs of all Nonehinds--except that the a.sam-bling of artificlal leaves, fruitflowers, and of feather orna-ments shall ba permitted whenany iron or steei wire to beussd wm drawn on or beforeJune 19,1942 or was sold to themanufacturer of the artificialleaves, fruit, flowers or featherornaments m Scrap

Oil well pumplng unlts'--ex- Nov.5,1942cept:

Bracetz.Crank.s.Equalizer,.Pltln'kn.

R-tductlon gears and case.Saddle b-arings.Steel pin connection.Nhers.

Ornamental hardware and mold- Noneings.

Outdoor flreplace pats_..... NoneOuting spacde. .......... July15,1942Pecking twine holders_ _.. .. NonePads, Inking and stamping_.__ July 15, 1942Pall clasp......- ..... NonePaint spray outflt--except in- None

duztrlal.Paper rollers, houehold-_ NonePara-sols, shafts and handles__. July 15, 1942Park and recreational benches. NoneParking mete_ ........... NoneParttiol _ Sept. 3.1942

Partition studs----------- Tov. 5,1942Pegs, tent_. ....... .. Nov. 5,1942Pen holder... - NonePencil holders---.---- - Nov. 5,1942Pencis, mechanical or auto- None

matlo.Permanent wave machines.... NonePat b~ _NonePatbd................. NonePet dlbes...-___ None

Pat equipment (except license July 15,1942tap) Including but notlimited to:

Carriers.Chains.Collars.Feeders.Hou-se.Leashes,Muzzles.

Phonograph motors. nand Nonewound

Phonograph record blan .... _ NonePhotograple acee-orles..___ NonePhotogmphlc equipment'- ex- Nov. 5, 1942

cept microfilm.Physical reducing machines.. NonePicnic and outing boxes and July15,1942

accesories.Picture and mirror hardware. NonePie plates-except commercial None

or Institutional.Pipe cas-s....None

S695


Governing.Item date

Pipe cleaner knives ----------- NonePipe posts --------------------- Nov. 5,1942Pitchers-except for hospital July 15,1942

use.Plant and flower suppqrts ---- NonePlates, light switch-except for, Nov. 5,1942

cast conduit bodies.Playground equipment -------- Sept. 3,1942Play pens, boxes and enclosures, July 15,1942

children's.Pleasure boats --------------- NonePleasure boat equipment and Nov. 5,1942

acces sories.,Plumbing and heating equip- Nov. 5,1942

mentGas conversion burners.Gas fired boller-burner units.Gas fired furnace - burner

units.Oil fired boiler-burner units.Oil fired furnace-burner units.Registers, cold air.Registers and grilles.Steel heating boilers of 129 sq.

ft. or less of heating surface.Pneumatic tube delivery sys- .None

tems '-except industrial.Pocketbook ornaments -------- July 15, 1942Polishing-wax applicators -.... NonePolishing-wax sprayers - -........ NonePortable bath tubs ---------- NonePoultry incubator cabinets- None -Pulp, paper, paper products and Nov. 5, 1942

converter machinery andequipment '-except:

Automatic paper packagingmachines.

Paper bag machinery.Paper corrugating machinery.Paper cup machinery.Paper cutting machinery.Paper paraflning machinery.Paper pasting machinery.Paper slitting machinery.Paper tube machinet7y.Slitters and winders.Waxing machines.

Push carts ----------------.-- NonePush plates and kick plates, None

door.Race track apparatus and equip- July 15, 1942

ment,' including but notlimited to:

Mutuel ticket machines.Pari-mutuel boards.Race finish photographiQ

equipment.Starting gates.

Racks, display ---------------- Nov. 5,1942Racquets -------------------- NoneRadiator enclosures ----------- NoneRadio antenna poles'--except None

on ratings of AA-5 or higher.Railings,- barriers and fences- July 15, 1942

except for livestock and poul-try enclosures and essentialIndustrial use.

Railings, barriers, and fences for Nov. 5, 1942industrial use.

Railroad rail joint angle bars July 15,1942over 24" Ir length '-exceptfor replacement on used rails.

Reading stands -------------.-- July 15,1942Reels, cable and rope --------- No .5,1942Reflectors, street and highway_. Nov. 5, 1942Refrigerator boxes, walk-in --- Nov. 5, 1942Refrigerator containers and None

trays, household.Regalia ---------------------- July 15,1942Reglsters, hand tally ---------- Nov. 5, 1942

'Maintenance and repair excepted,

GoverningItem date

Rodeo equipment, incl~ding but July 15, 1942not limited to:

Animal trappings.Fences.Gates '.

Rolling boardwalk chairs - ------ July 15,1942Rolling pins ----------------- July 15,1942Rotary door bells -------------. NoneRug scrubbing and shampooing Nov. 5, 1942

machines.Safety zone posts, rails, cables Nov. 5, 1942

and platforms. ISalesmen's display cases and None

sales kits.Salt and pepper holders -------- NoneSample bokes ----------------. NoneSand boats ------------------ Nov. 5, 1942Sash weights for windows ---- Nov. 5, 1942Scaffolding ------------------ NoneScales, coin operated ---------. July 15,1942Scenery and stage hardware July 15,1942

equipment,' for dramatictheatrical and operatic use,- except lamp bulbs, includ-ing but not limited to:

Battens.Cables.Lights.Reflectors.

-Stage drops.*Score boards ---------------.-- July 15,1942Screen frames-except indus- None

trial processing.Scrubbing boards ------------. NoneSemaphores, traffic signal--ex- Nov. 5, 1942

cept railroad.Service food trays -.. ....... NoneSewer pipe, exterior installa- None

tions '--except for vents andwithin 5 feet ofbuildings.

Shades, window and roller type- Nov. 5,1942except roller mechanism.

Sheet iron or hoop iron pack- Noneings for cookies and sweetgoods.

Shirt and stocking dryers ---- NoneShoe cleaning kits ---------- NoneShoe ornaments ------------- July 15,1942Show window lighting and dis- None

play equipment.Shower re cep ters - except None

frames.Shower stalls--except frames. NoneShutters, window,t except where July 15,1942

required in Industrial use byUnderwriters.

Sidewalk scrapers ------------ July 15,1942Sign hanger frames - -....... - _ NoneSign posts ----------------.-- NoneSignets-- -.........----. NoneSilos '-except strapping and re- None

inforcing.Sink aprons and legs --------- NoneSink drainboards, both integral None

and removable.Siphon chargers --------------- July 15,1942Sitz baths ------------ --.. - NoneSkates, roller and ice ----------. NoneSkating rink apparatus and July 15,1942

equipment.'Skewers, all types ----------- Nov. 5, 1942Ski racks --------------------- NoneSlides, loops and sllde-loops for -Nov. 5, 1942

work clothing--except:One size not exceeding 1%"

for men's work clothing.One size not exceeding 14"

for boys' work clothing.Sleds---except runners --------- July 15,1942Sielghs--except runners ------ July 15,1942Slide fasteners -------------- NoneSmokers' accessories ----------- July 15,1942Snow shovels and pushers, hand NoneSod lifters ------------------- July 15,1942Spading forks, children's.-.- July 15,1942

GoverningItem date

Special industrial machinery.... Nov. 5, 1042Cement making machinery.'Ceramic making machinery '-

except refractory makingmachinery.

Collapsible tube filling ma-chines.'

Cosmetic machinery.Coupon inserting machines.Cut and monumental stone

machinery.Fertilizer machinery.'Lamp manufacturing machin-

*ery,1 including incandescent,fluorescent, and electric dis-charge type.

Milk can machinery,'Paint processing and manu-

facturing machinery.Soap making machinery.'Steel drum machinery -ex-

cept for export purposes.Tobacco machinery.'Wire-bound box making ma-

chinery.Spittoons ------------........ . NoneSpools for cord, ribbon, tape .... Nov. 5, 1042Spools for wire-except traverse. Nov.5, 1942Sporting and athletic goods-ex- None

cept:Fully fabricated skates, cleats,

'and similar items may beattached to athletic shoeswithout restriction.

Fishing tackle as permittedby Limitation Order L-92.

Spray containers, household.... None -Sprinkling cans, garden ------- . July 15, 1942Stadiums I .------------------ NoneStair and threshold treads 1, July 15, 1942

household, institutional andcommercial buildings-exceptfor fire escape and essentialindustrial use,

Stamped bakery equipment- Noneexcept pie plates for commer-cial or Institutional use.

Stands, all types-except: Nov. 5, 1942Essential industrial use.Hospital use where not other-

wise, specifically prohibitedIn this order.

Staple removers -------------- Nov, 5, 1042Starter shingle strips ------. None,Statues ----------------------- NoneSteel wool for household use None

made from other than waste.Stencils ----------------------- Nov. 5, 1942Store display equipment and None

show cases.Stretchers, carpet ------------. Nov. 5,1942Stretchers, - glove, sock and July 15,1942

sweater.Structural steel home con- None

struction.Subway turnstiles I - - - - - - - - - - - NoneSugar cube dryer trays ------- NoneSugar holders ---.------------ NoneSun dials ------------------ _ July 15,1942Sun lamps and infra-red July 15,1942

lamps-except:For professional and hospital

use.Where lamps- and reflectors

are used fox drying andbaking.

Swimming pool equipment 1, In- July 15,1942cluding but not limitedto:

Diving boards.Diving stands.Ladders.Slides.

Swivel chairs ----------------- NoneTable name-card holders ----- None

9696


GorcrninjItem te

Table tops for household use. NoneTablets .... NoneTags, key; name; price; Identifi- None

cation-except:Personnel identification tags

or badges where metal tagsor badges are required forprotection of governmentagencies.

Personnel Identification tagsor badges containlfig notmore than ounce of ironand steel where metal tagsor badges arie required forprotection of industrialplants.

Metal tags required for Identi-fication of livestock andpoultry and products madetherefrom.

Pin attached or wire attachedtickets for price markingsoft goods.

Metal tags for marking andidentification of metal in itsproduction and export ship-ment.

,Tanks (strapping excluded) ..... NoneDipping-for anima h.Watering-for animals.Feeding-for animals.Storage, beer.Storage, water '--except:

In tropical climates.Heights In excess of 100

feetRange boilers and hot water

storage.Pneumatic pressure tanks

82 gallon size and 31 gal-lon or smaller size.

I ank towers under 50 feet in Nov.5,1942height.

Teapots ------------ ------- lNoneTelephone bell boxes--except None

bases and where required forsafety.

Telephone booths ------------- NoneTelescopes--except U. S. Gov- None.

eminent Agencies.Tent frames and supports ---- Nov. 5,1942Termite shields .......-------- NOV. 5,1942Terrazzo spacers and decorative None

strips-except hospital oper-ating rooms.

Textile machinery I - - - - - - - - - - Nov. 6,1942Bobbinet machines.Crocheting machines Includ-•

ig scalloping machines andshell-stitching machines.

Embroidery machines.Hosiery clocking machines.Lace machines..ooms:

Axminster.BoxDobbyHooked.Jacquard.Wilton.All other machines for themanufacture of drapery andupholstery fabrics whetherfiat or pile weave.

Linoleum or felt-base wall orfloor covering machined.

Thermometer bases, household- NoneThermometer cases and mount- Nov. 5, 1942

ings, except Industrial.Thermos jugs and bottles over None

1 qt.Thiimbles, sewing ------------- Nov. 5,1942

'Maintenance and repair exceptid.

g GorernfngItem date

Tickers, stock.- ........ July 15, 194Ticket vending machincs--- July 15,1942

cept for public tranportation.Tile, steel-back .... . loneTongs, food handling and Nono

household ure.Tool boxes--except IndustriaL_ IonaTool cass--except industriaL_ loneTool handles--except power Nona

driven.Traffic lane markers ... r.... Nov. ,1042Trailer bodcs'--except: July15, 192

Tank and dump bodie3.Essential hardware, structuraland bracing members for

bodies, c=entilly of woodconstruction.

Transplanting trowels---------July15,1942Trophies ........---------------- July 15, 1942

/ Truck bodies '--except: July 15,1942Tank and dump bodies.Ezsental hardware. structural

and bracing members forbodies. ezentlaly of roadconstruction.

Trunks '--except loclm _.... July 1,1942,Turf edgers -------...-... July 15, 1942Typewriter mechanism for pcd- Nov. 501942

estal and drop-head desks.Umbrellas. garden--------- July 1. 1942Umbrella shafts and handles-_ July 15,1942Urinals--..-.. NoneVanity case3 --- - July 15, 1902Vending machines for uanitary Nov. 5,1942

napkinsVentilators, shutter type.--.-- Nov. 5, 1942Vibrators, electric ......... Nov. S, I4Voting machines ......... loneWagon bodies and frascL-cx- lone

cept for construction.Wardrobe trunks..... ..... IloneWaste paper receptaclc".-.. July18, 1942Watch straps --------- July 15,1942Water color paint boxca...... IoneWater Eoftenera, houehold... Nov. 8, 1942Water stills, household ...... Nov. 5,1942Water troughs .... July 15, 1942Weather stripping -------- IoneWeather vanes------------- July 15, 1942Weed cutters and pullers, in- July 15, 1942

cluding dandelion, thistle anddock.

Wheelbarrows--except wheels, Noneand except for use in found-rles, smelters, and coke-pro-ducing plants to handle hotmaterials.

Whiskey service sets ........ NoneWindow display adverticing._, loneWindow sbade rollers--except Nov.,194

roller mechanism.Window steels ............. IoneWindov. ventlator,--except In- None

dustrial and hospitals.Wine coolers_ .... .... loneWine service scta._ '___ NonoWire parcel handles and hold- lone

ers.Wire racks and ba""ets-ex- Ione

cept:Animal cages for biological

work.Industrial.Scientiflo laboratory equip-

ment..Work benche--exceptt None

4 Shipboard.Industrial, vhere required for

safety.

Lssr S-S aml1 S=

Aircraft fire Nv.... Nov. 5, 194Aircraft Eeats . .-.-..-.- Nov. 5, 19M

,.-ircraft tolle- -.............. , Nov. 5,19

GorerntngItem date

Ammunition boxes and chutes. Nov. 5.1942

Barrel hoops and fn............. Nov. 5,1942Basets, except for heat-treat- NOV.5, 192

Ing. pickling and plating.Bcd pans.- .......... Nov. 5,1942Bins. acens and stralners-_ . Nov. 5,1942Blueprint machnes ........- Nov. 5,1942Bobbin head. ............ Nov. 5,1942Boiler cazlngs_ ........ Nov. 5,1942Bottle coolers _......... Nov.5,1942Brandinx, marking and labeling Nov. 5,1942

dcv1cca

Brewing, distilling and process- Nov. 5,1942Ing equipment for alcoholicond non-alcoholc beveragesincluding bottling equipment.

Buckets and pa ......... ov. 5,1942Builders' supplies and hard- Nov. 5,1942

W are.Cable terminals, fittings, and Nov.5,1942

turnbuckles.Cafeteria and restaurant equip- Julyls, 1942

ment.PChains and cables--except for Nov. 5,1942

heat-teatin.g, pickling andplating.

Che= vts......... Nov. 5,1942Clocks. clck'-dals and cass.... Nov. 5,1942CocC pats........ ... Nov. 5,1942Control levers.. . ...... Nov. 5,1942Convectors, local ano unit heat- Nov. 5,1942

era-except heat controls.Conveyors and conveyor Nov.5,194

chutes--ecept where subjectto high temperature and cor-"roolva action.

Cup3 of all kinds--except in- Nov.5,1942duatrial.

Cutlery ..... -..... Nov.5,1942Di0sC, saucers and plate ..- N Nov. 5,1942Dyeing equipment, ...... Nov. 5,1942levators, Including doors and Nov.5,1942

trim.Fans--except Indu--tr1aL...... Nov. 5,1942Farm machinery and replace- Nov. 5,1942

ment parts,Fire-fighting apparatu_-except Nov. 5,1942

pump shafta and where work-Ing parts are In contact withcorrosive chemicala.

ishing tackle and equipment. Nov.5,194217lcor plate3 and flear coverIngs. Nov. 5.1942Fountain-------- Nov. 5, 1942Furniture hsrdvre__---. Nov. 5,1942Galley and mcs equlpment .._ July 15,1942Galley, kitchen. cafeteria and Nov. 5. 1942

restaurant panelling.HangMs, all types...... .... Nov. 5,1942Hosa clamp ------------ Nov. 5.19-2Hot water heaters, tanks and Nov.5,1942

coils.Hydrants- --------... ~.ov. 5,192Ice hexe._No v. 5,1942Ica cream cabinets ---.......- July 15,1942Identification tags and badges. Nov.5, 1942Instrument dials and -_es___- Nov. 5,1942Mtchnare.n ------------ July 15.1942Ladders and holui, Including Nov.5.1942

fittings.Lanterns and lamps - except Nov.5, 1942

valwe. controls and mantle-holders.

Lavatory equipment_..... Nov. 5,1942Light fl.tures ..... Nov. 5.1942Livetock and poultry equip- Nov.5,192

ment.Lv.... NOV.5, 1942Match and pattern plates, Mat- Nov. 5,1942

rices and fla.Meat cutters ... ...... Nov. 5.1942M ehanical drawing and draft- Nov.5,1942

- Ing equipment.

9697


GoverningItem date

Milk storage tanks, milk receiv- Nov. 5,1942ing tanks and milk weightanks - except that wherepermitted materials cannot besecured, the provisions ofparagraph (d) (4) shall bedeemed to apply.

Mortician's supplies and equip- Nov. 5, 1942ment. '

Name plates ------------------- Nov. 5,1942Oil burners-exccpt functional Nov. 5,1942

parts.Oil space heaters -----------.-- Nov. 5, 1942Pipe tube, tubing and fit. Nov. 5, 1942

tings--except industrial.Pole-line hardware ------------ Nov. 5, 1942Powder boxes ---------------- Nov. 5, 1942Pumps, fresh water-except in- Nov. 5,1942

dustrIal.Radio antenna -------------- No. 5,1942Refrigerators and Refrigeration July 15, 1942

equipment--except essentialmachinery parts.

Rubber moulds --------------- Nov. 5,1942Shelves ---------------------. Nov. 5,1942Staples -------------------- Nov. 5,1942Stokers - except functional Nov. 5, 1942

parts.Storage racks, cabinets or lock- Nov. 5, 1942

ers.Stoves and ranges, disc stoves Nov. 5, 1942

and hot plates--except elec-trical controls and units.

Toilet floats, cistern and low Nov. 5,1942water-floats.

Tubs, washing -------------.-- Nov. 5, 1942Valve handles --------------- Nov. 5, 1942.Ventilators ------------------ Nov. 5,1942Window screens and :rames.- Nov. 5,1942

LIST C

Access panels--for use on board ship, onmilitary vehicles and where climatic orsafet4 conditions make necessary.

Accessories-soda fountain-for use on boardship.

Acoustical ceilings-for use on board ship.Air conditioning systehs--for hospital oper-

ating rooms and industrial, plants (exclud-ing offices), for use on board ship, for useoutside continental limits of the U. S., foruse in fortifications, for handling and stor-age of explosives, for storage and handlingof Instruments critical to temperature orhumidity, for use in gas proofing installa-tions, and for use in mobile surgicalvehicles and laboratory vehicles.

Attic fans-where climatic conditions makenecessary.

Automobile accessories.Automobile heaters-where specified for mili-

tary vehicles.Awning frames and supports-for use on

board ship, military repair units, hospitalinstallations, and military constructionunits.

Barber shop supplies.Baskets-for cooking and manufacturing

uses and for ordnance operations.Bath tubs-for use on board ship and in

hospitals.B-B shot-for training and shot blast clean-

ing purposes.Beds-for use on board ship; beds containing

not more than 5 pounds of iron or steel,excluding springs.

Bed spring frames-for use on board ship andfor maintenance and repair.

Bench legs.Binoculars.Bird cages-for carrier pigeons.Bird feeders-for carrier pigeons.Biscuit boxes--for use on board ship or where.

climatic conditions make necessary..

Bleachers and grandstands-but only strapsand necessary fasteners for demountablewooden bleachers and grandstands.

Bottle holders-for use on board ship andin hospitals.

Brushes, wire bristles only.Buttons.,Cabinet--for mobile units such as main-

tenance company equipment (truckmounted),. spare parts trucks and mobilereproduction units, and for electrical in-stallations, hospital operating and exam-inng-rooms, and as permitted by L-l3-aand L-62.

Canopies, hoods and silpports-for use onboard ship, military repair units, hospitalInstallations, and military constructionunits.

Cans or containers for anti-freeze, candy,coffee, nuts-where climatic. conditionsmake necessary.

Cash boxes.Casket handles.Ceilings--for use on board ship- but only

where necessary.Cigarette lighters-for use outside continen-

tal limits of U. S., for sale -by Post Ex-changes at ports of embarkation, and forsale by ships Service Stores on board ship.

Clock cases.Clothing trim.Cooking stoves--commercial electric.Counter tops and edgngs-for use on board

ship.Culverts-for airports, f9r use outside con-

tinental limits-of the U. S., and where cer-tified to the manufacturer or supplier asnecessary by the Army or Navy EngineerIn charge.

Cups of all kinds, drinking.Dshwashing machines.Door closers-for fire prevention, for use on

board ship, and where climatic or safetyconditions make necessary.

Door handles-for fire prevention, for use onboard ship,'for military vehicles, and whereclimatic or safety conditions make neces-sary.

Dust collecting systems and equipment.Dust covers and enclosures-when specified

for military vehicles.Electric drinking water coolers-for use on

board ship, in hospitals and in 'tropicalclimates. -

Erasing knives.Fences, chain-link, weighing not more than

2 pounds per lineal foot and not morethan .33 pounds per square foot.

Flag staffs and flag masts-for use on boardship, and-on military vehicles.

Flashlight tubes.Floor and ceiling plates for piping, for use on

board ship; for military vehicles, and whereclimatic or safety conditions make neces-sary.

Floor polishing machines-7mantenance andrepair only.

Furniture-for use on board ship.Galley and mess equipment of stainless steel,

but only--Clad stainless steel for steam tables and

warming pans.Single clad stainless steel on inside of steam

Jacketed kettles.Clad stainless steel bottoms-and solid stain-

less steel sides for pressure cookers.Non-nickel bearing stainless 'teel clad

doors and other parts coming in directcontact with food in cold storage spaceson board ship.

Non-nickel bearing stainless steel forcoffee urns.

Stainless steel single clad sinks and dressertops for use on -board ship,

Non-nickel bearing stainless -steel liners forportable water coolers. .

Galley and mess equipment of btainless stool,but only-Continued.

Non-nickel bearing stainless steel for tansand.hoods of dishwashing machines.

Metal sponges from non-nickel bearingstainless steel wire.

Compartment mess trays, but only from ex-isting finished stocks of stainless steel, ornew stainless steel only if the processingis past the melting stage on September 3,1942. \

Games.Garage hoists and car lifts.Grilles-sewer.Hand-seals for documents.Harness and saddlery fittings.Hat frames, wire and gimps.Hat-making machinery, but only-

Blocking machines with complete sets ofblocks.

Sets or dies for cutting parts.Helmets.Hose reels.Hospital equipment-

Arm immersion stands,Bed trays.Bedside panel screen frames--for uso in op-

erating rooms, and outside continentallimits of U. S.

Bowl stands-for use in operating roomsand on board ship.

Cabinets-X-ray film filing.Cabinets for diathermy, sinusoldal aid

galvanic apparatusChart holders.Commodes-for hospital use outside con-

tinental limits of U. S.Dish trucks-frame4 and wheel tires only,Dressing stand frames.Examining tables, non-adjustable--for .1se

on board ship and in Field Hospitals,Instrument- cabinets.Instrument tables.Nurses' work tables.Overbed and swing overbod tables-func-

tional parts only.Stands and racks for colonic irrigation ap-

paratus.Sterilizer stands,Supply and treatment cabinets.Utensil racks.

Ice box exteriors-for use on board ship, mo-bile type refrigerators, and for use whoroclimatic conditions make necessary.

Ice cube trays.Incinerators.Keys for opening cans.Laundry trays-for use on board ship.Lavatorles-for use on board ship and out-

side continental limits of U. S.Lockers--for office equipment as limited by

Limitation Order L-13-a, for use on boardship, military vehicles, outside continentallimits of U. S. and in ordnfince plants.

Mail boxes-for use on board ship,Measuring pumps and dispensers for gasolino

stations and garages, including but notlimited to-

Gasoline dispensing pumps.Grease guns.Grease pumps.Oil pumps.Kerosene pumps.Air pumps.

Mirrors, hand-for signal use.Pads, Inking and stamping.Paint spray outfits. "Partitions-for use in hospitals and on board

ship.Pencils, mechanical or automatic, functional

, parts only-except for resale.Phonograph motors, hand wound.Phonograph record blanks.Photographic accessories.Pie plates, .Pitchers.Pneumatic tube delivery systems.

9698


Portable bathtubs.Push carts-for ordnance and combat organ-

izations.Radio antennae poles.Railings-for use on board ship.Scaffolding-for use n shipyards, airfields

and other places where use of wood scaf-folding is impracticable.

Screen frames.Sewer pipe, exterior installations-for pres-

sure lines only.Shirt and stocking dryers of cast iron only.Shower receptors-for use on board ship.Shower stals-for use on board ship.Sink aprons and legs-foz use on board ship.Sink drainboards, both integral and'remova-

ble-for use on board ship and where re-quired for sterilization.

Siphon chargers for life jacket inflation.Slide fasteners.Snow shovels and pushers, hand.Sporting and athletic goods.Stamped bakery equipment.Swivel chairs--for use on board ship.Tags-

For marking ammunition.Identification (name).

Tanks, storage, water, but only for use onboard ship, mobile units, range boilers andhot water storage, use outside continentallimits of U. S., heights in excess of 100feet, pneumatic pressure tanks.

Telephone bell boxes-for use on board shipor where climatic or safety conditionsmake necessary.

Telescopes.Thermos jugs and bottles.Tile, steel back-for ladder treads, step plates

and use on board ship.Tool boxes.Tool cases-for mobile equipment.Tool handles, where specified.Truck and trailer units and bodies, where

specifically designed for military purposes.Urinls-for use on board ship, and outside

continental limits of U. S.-Waste paper receptacles-for hospItal use

only.Water troughs, frame and support only.Wheelbarrows.Wire racks and baskets.Work benches where wooden benches will

not stand up under ordinary use.LIss D--OrTs ScAncE MTEzsr.

Metals-all, except lead.Rubber.

[F. R. Dec. 42-12254; Filed, November 21,1942;12:23 p.m.]

PART 1288-PowER, STEAm AND WATERAuxIrIARY EQUIPmE

[Schedule 1Ir to Limitation Order L-154]

FEED WATER HEATERS

§ 1288.4 Schedule III to LimitationOrder L-154-(a) Definitions. For thepurposes of this schedule:

(1) "Producer" means any person whoproduces, manufactures, processes, fabri-cates or assembles feed water heaters.

(2) "Feed water heater" means anytubular heater or heat exchanger, usedin land installations to raise the tem-perature of boiler feed water.

(3) "Copper base alloy" means any al-loy which contains 40 per cent or morecopper by weight.

(b) Restrictions on materials. (1)No producer shall install or incorporatetubing or tube sheets of any type or classin any feed water heater if such tubingor tube sheets contain copper, copper

No. 230-7

base alloys, or alloys containing nickel,chrome, or tin, unless such installationor incorporation is for the repair of anactual breakdown which involves the re-placement of not more than 25 per centof the tubing in a feed water heaterequipped with copper base alloy tubes.No repair shall be subdivided Into partsto come within these limits.

(2) No producer shall Install or incor-porate seamless steel tubing in any feedwater heater.

(c) Required specifications. No pro-,ducer shall deliver and no purchaser shallaccept delivery of any feed water heater,manufactured in accordance with the re-strictions of paragraph (b) of this sched-ule, which contains, or which Is designedto contain, a larger heat transfer sur-face area than would be necessary innormal operation, under actual condi-tions at Its proposed installation, if cop-per base alloy tubing were used.

d) Nothing herein contained shallprevent the delivery or use of tubing ortube sheets which were in process or fullyfabricated five days after the issuance ofthis schedule.

(PD. Reg. 1, as amended, 6 F.. 6680;W.P.B. Reg. 1, 7 P.R. 501; E.O. 9024, 7F.R. 329; E.O. 9040, 7 P.R. 527; E.O. 9125,7 P.R. 2719; sec. 2 (a), Pub. Law 671, 76thCong., as amended by Pub. Laws 89 and507, 77th Cong.)

Issued this 21st day of November 1942.Enun Kiuzzmn,

Director General for Operations.[F. R.Doe. 42-12251; Filed,November 21,1942:

12:21 p. m.]

PART 3029-PoRTABLE Erernrc FM;s[Interpretation 1 to General Limitation

Order L-1701

The following interpretation is herebyissued by the Director General for Oper-ations with respect to § 3029.1, GeneralLimitation Order L-176, Issued Septem-ber 5, 1942:

General Limitation Order L-170 prohibitsthe transfer bya manufacturer of all portableelectric fans except pursuant to specific au-thorization of the Director General for Oper-ations. A manufacturer Is defined as "anyperson who manufactures or a-emble3 anyportable fan." A person who malkes q bu"i-ness of bringing all the parts of a fan togetherIn one place In such form that It s a simpleor minor operation to asemblo -such partsinto a fan is to be considered a manufacturereven though he does not peronally fastenall of the parts together. Consequently anysuch person who cells or delivers substantiallyall the parts of a portable fan as a kit or Inother knock-down form, with the expectationor knowledge that the transferee or comeother person will put the parts together andproduce a completed fan, vlolates the provi-slons of Order I-176 unles be obtaLns specificauthorization from the Diector General forOperations.(PD. Reg. 1, as amended, 6 P.R. 6680;W.P.M. Reg. 1, 7 F.R. 561; E.O. 9024,7 P.R.329; E.O. 9040, 7 F.R. 527; E.O. 9125,7 P.R. 2719; sec. 2 (a), Pub. Law 671, 76thCong., as amended by Pub. Laws 89 and507, 77th Cong.).

Issued this 21st day of November 1942.EFsR KAZEI,

Director General for Operations.[P. B. Do0. 42-12263; Pled, November 21,1942;

12:44 p. m.]

PART 3032-FrM=[Limitation Order L-178 as Amended Nov. 21,

19421

The fulfillment of requirements for thedefense of the United States has createda shortage In the supply of film for de-fense, for private account and for export;and the following order is deemed neces-sary and appropriate in the public inter-e3t and to promote the national defense:

§ 3032.1 General Limitatio OrderLT.8-73(a) Definitions. For the pur-poses of this order:

(1) "35 mm. film" means unexposedfilm 35 m . wide with a nitrate or safetybase, whether negative or positive, otherthan film packaged for use in 35 mm. stillcameras.

(2) "Person" means any individual,partnership, association, business trust,corporation, governmental corporationor agency or any organized group of per-sons whether incorporated or not.

(3) "Transfer" means to sell, lease,trade, lend, deliver, ship or transfer35 mm. film from oneperson to any otherperson. For the purposes of this order,the following shall not be regarded astransfers:

(I) To sell, lease, trade, lend, deliver,ship or transfer 35 rm. film from onebranch, division or section of a singleenterprise to another branch, division orsection of the same or any other enter-prise under common ownership or con-trol;

(i) A transfer of title merely for se-curlty purposes to a person financing aconditional sale o? a similar transactionmade simultaneously with the transferof 35 mm. film.

(b) Restrictions on transfers of f~mon and after 11:59 P. M., Eastern WarTime, August 20, 1942. On and after11:59 P. 1%., Eastern War Time, August20, 1942, until 11:59 P. M., Eastern WarTime, December 18,1942, no person shalltransfer any 35 mm. film, except:

(1) Any 35 mm. film actuallyin transitat the time this order takes effect maybe delivered to its immediate destination,or

(2) Pursuant to specific authorizationof the Director General for Operations,(c) Records and reports. (1) Every

person, other than the Army or Navyof the United States, who has any 35 mm.film on August 20, 1942, shall keepand preserve, for not less than two years,accurate and complete records of all such35 mm. film and of all sales and ship-ments made by him pursuant to thisorder. Such records shall be submittedto audit and inspection by duly author-

9699


ized representatives of the War Produc-tion Board.

(2) On or before the 15th day follow-ing August 20, 1942, every person, otherthan the Army or Navy of the UnitedStates, who has any 35 mm. film onAugust 20, 1942 shall le with the WarProduction Board a statenient of the-amount in linear feet and type of 35 mm.film in stock on August 20, 1942.

(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 priority controland may be deprived of priorities -asist-ance. -

(e) Applications. for specific quthori-zation by the Director General for Op-erations. Any person desiring film-mayapply in writing to the Director Generalfor Operations, War Production Board,Washington, D. C., Ref.: L-178, fullysetting forth the amount in linear feetby types of 35 mm. film desired, the rea-sons why such person deems it appro-priate that he obtain such-film and theuse to which such film is to be put. TheDirector General for Operations maythereupon take such action as he deemsappropriate.

(f) Communications. All reports re-quired to be filed hereunder and all com-munications concerning this order shallbe addressed to the War ProductionBoard, Washington, D. C., Ref.: L-178.

(P.D. Reg. 1, as amended, 6 P.R. 6680;W.P.B. Reg. 1, 7 P.R. 661; E.O. 9024,7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O.9125, 7 F.R. 2719; sec. 2 (a), Pub. Law671, 76th Cong., as amended by Pub.Laws 89 and 507, 77th Cong.)

Issued November 21, 1942.ERNEST XANZLER,

Director General for operations.

[F. R. Doe. 42-12252; Filed, November 21,1942;12:21 p. m.]

PART 3045-COTTON-TEXTILES FOR WORKAPPAREL

[Schedule III to General Preference OrderM-207]

HOSPITAL CLOTHING

§3045.4 Schedule III to GeneralPreference Order M-207-(a) Defini-tions. For the purposes of this schedule

(1) "Hospital clothing" shall mean anypatients' gown, or uniforms for nurses orhospital personnel, of the type custom-arily sold as such, but shall not Includeany "male. work clothing" as defined inSchedule I to General Preference OrderM-207,

(2) "Hospital clothing textiles" shallmean

(I) Cotton sewing thread and the ol- *lowing fabrics made wholly of cottoneither in the gray, original mill or regu-

lar finish, or converted state, Includingseconds but excluding all cuts of less than20 yards as produced in the ordinarycourse of fabric manufacture.

, Carded sheetings:- 36" 48/48,2.85yards.

37" 48/48,4.00 yards.40" 48/44,3.75 yards.40" 48/44, 3.25 yards.40" 48/48, 2.85 yards.40" 56/60,3.60 yards.40" 64/68, 3.15 yards.

Carded print cloth:39" 64/60, 4.25 yards.39" 68/72, 4.75 yards.39" 80/80,4.00 yards.40" 80/92,3.50 yards.

Carded drills:30" 72/48,2.85 yards.

Carded jeans:38" to 39", 96/64, 2.85 yards.

Carded or combed poplins:37" to 381t, 2.50 to 4.O yards.

Carded or combed broadcloths:37'" to 38", 3.25 to 4.20 yards.

Carded- colored - chambrays-plains andfancies: - N

35" to 37", 80 to 84 Sley, 60 to 64 Pick, 3.50to 3.8U yards.

Seersuckers (carded):36" to 40", 2.90 to 4.50 yards.

Frock cloth (carded) :36" to 39", 2.00 to 2.35 yards.

(ii) Pro rata widths of like count andweight to the above constructions.

(3) "Hospital clothing procetsor" shallmean:

(1) A person who purchases hospitalclothing textiles for manufacturing, orfor-the purpose of being manufacturedfor his account, into hospital clothing forsale.

(ii) The converter or finisher of hos-pital clothing textiles who purchases grargoods for bleaching or finishing for saleto a manufacturer of hospital clothing.

(4) "Inventory" shall mean the totalquantity of hospital clothing textiles orof hospital clothing textiles in process ofmanufacture into hospital clothing or ofhospital clothing owned by any hospitalclothing processor and held by him inany mill, warehouse, place of storage ormanufacturing plant.

(b) Assignment of Preference rating.Purchase or manufacturing orders forhospital clothing textiles placed by hos-pital clothing processors are hereby as-signed a preference rating of A-2.

(c) Application of Preference rating.Any hbspital clothing processor, in orderto apply the preference rating assignedby paragraph (b) to deliveries of mate-rial to him, must endorse on or attachto each purchase or manufacturing orderplaied by him to which the rating is ap-plied, a certificate In the following form,signed manually or as provided in- Pri-orities Regulation No. 7 (Q 944.27) by'anofficial duly authorized for such purpose:

CERTIFCATEThe undersigned purchaser hereby certifies

to the seller and the War Production Boardthat he is entitled to apply the preferencerating indicated opposite the Items shown onthe attached purchase order -and that suchapplication is In accordance with PrioritiesRegulation No. 3 as amended, with the termsof which the undersigned is familiar. Fur-thermore, the undersigned certifies that thefabrics hereby ordered will be used in themanufacture of hospital clothing or other-wise disposed of only as permitted in General

Preference Order No. M-207 And/or ScheduloIII thereto

(Name of hospital clothingprocessor)

By -------- -------(Signature and title of author-

ized officer)

(Address)

(Date)

Such endorsement shall constitute arepresentation to the War ProductionBoard and the supplier with whom thecontract or purchase order Is placed thatsuch contract or purchase order Is duly

- rated in accordance herewith.Such person applying ratings must

maintain at his regular place of businessall documents, Including purchase ormanufacturing orders, preference ratingorders and certificates upon which herelies as entitling him to apply or extendsuch ratings, segregated and availablefor Inspection by representatives of theWar Production Board, or filed In suchmanner that they can be readily segre-gated anud made available for suchinspection.

(d) Restrictions on inventory. In ad-dition to the restrictions on Inventorycontained In Priorities Regulation No. 1(§ 944.14):

(1) No manufacturer of hospital cloth-ing shall after November 21, 1942, hold inhis inventory a total quantity of hospitalclothing textiles for such garments, suchtextiles In process of manufacture Intosuch garments, and such completed gar-ments in excess of such a total quantityas will be delivered out of his Inventorywithin ninety days.

(2) No converter or finisher of hospitalclothing textiles who purchases graygoods for bleaching, finishing, or process-ing into hospitalclothing textiles for saleto a hospital clothing manufacturer shallafter November 21, 1942, hold In his in-ventory any hospital clothing textiles inexcess of the total quantity of such tex-tiles, including such textiles In process,which will be delivered out of his Inven-tory within ninety (90) days.

(P.D. Reg. 1, as amended, 6 FR. 6680;W.PB. Reg. 1, 7 P.R. 561; E.O. 9024,7 F.R. 329; E.O. 9040, 1 F.R. 527; E.O.9125, 7 P.R. 2719; sec. 2 (a), Pub. Law671, 76th Cong., as amended by Pub. Laws89 and 507, 77th Cong.)

Issued this 21st day of November 1942,ERNEST lMNZLER,

.Director General for Operations.[F. R. Doc. 42-12256; Filed, November 21,1942;

12:22 p. m.]

PART 3045-COTTON TEXTILES FOR WORKAPPAREL

[Schedule IV to General Preference OrderM-2071

WOMEN'S WoRK CLOTHING

§ 3045.5. Schedule IV to General Pref-erence, Order M-207. (a) Definitions,For the purposes of this schedule(1) "tWOmen's work clothing" shallmean any garments designed for and tobe sold as female workers' wear whileengaged In industrial or agricultural oc-cupations and of the following types:

9700


Overalls.Coveralls.Work slacks.Work shirts or blouses.Work jackets.Work dresses.Work aprons.

(2) "Women's work clothing textiles"shall mean:

) Cotton sewing thread, and the fol-lowing fabrics made wholly of carded cot-ton, except when otherwise expressly pro-vided, either in the gray, original mill,regular finish, or converted state, includ-ing seconds but excluding cuts of lessthan 20 yards as produced in the ordinarycourse of fabric manufacture:Denims:

White back, 28" to 29" width basis.Regular finsh weight Jasis: Shrunk

weight basis2.00 yard --------------- 9 ounce.2.20 yard ..---------------- 8 ounce.2.45 yard- 2.20yard.3.00 yard .......----------- 2.70 yard.

Stripes, 281" to 291" width pbasis.Regular finish weight basis:. 2.20 yard ----- ---- - 8 ounce.

Denims:Light weight, 35" to 36", 2.50 to 3.00 yards.

Coverts:85" to 36", 2.70 to 3.90 yards.

Pinchecks:38" to 40", 2.40 to 2.90 yards.

Frock cloth:36" to 39". 2.00 to 2.35 yards.

Seersuckers:36" to 40", 2.90 to 4.20 yards.

Corduroy:361" pin wale, 7 to 8% ounces finisbed

weight, 13 to 16 ribs to inch, 36" thickset,10% to 11 2 ounces finished weight, 10to 12 ribs to inch.

Sultings:All cotton, or cotton and rayon, 35" to 36",

2.00 to 3.40 yards.Sheetings:

36" 48 x 48, 2.85 yards.37" 48 x 48, 4.00 yards.40" 48 x 48, 2.85 yards.40" 48 x 44, 3-25 yards.40" 48 x 44-, 3.75 yards.

Print cloth:39" 80/80. 4.00 yards.39'" 64/60, 4.25 yards.39" 68/72, 4:75 yards:38%11 64/60, 5.35 yards.

Broadcloth:36" to 37", 3.60 to 4.20 yards.

Poplins:37" to 39", 2.50 to 3.90 yards.

Jeans:38" 96 x 64, 2.85 yards.

Twills:37" to 42", 1.75 to 325 yards.

(ii) Any fabric made entirely of rayonand containing not less than 50% ofspun viscose or acetate fiber, in weightsof 25 to 50 lbs. per one hundred yards, instandard 40" widths.

(iii) Pro rata widths of same countand weight to above constructions.

(3) "Women's work clothing proc-essor" shall mean:

(i) A person who purchases women'swork clothing textiles for manufacturing,or for the purpose of having manufac-tured for his account, into women's workclothing for industrial and agriculturalpurposes for sale.

(ii) The converter or processor ofwomen's work clothing textiles who pur-chases gray goods for bleaching, finishingor processing intg women's work clothing

textiles for sale to a manufacturer ofwomen's work clothing.

(4) "Inventory" shall mean the totalquantity of women's work clothing tex-tiles or of women's work clothing textilesin process of manufacture into women'swork clothing or of women's work cloth-ing owned by any women's work clothingprocessor and held by him In any mill,warehouse, place of storage, or manufac-turing plant.

(b) Assignment of Preference rating.Purchase or manufacturing orders forwomen's work clothing textiles placed bywomen's work clothing processors arehereby assigned a preference rating ofA-2.

(c) Restrictions on the use of women'swork clothing textiles. Notwithstandingthe provisions of paragraph (c) (1) ofGeneral Preference Order M-207, nowomen's work clothing processor shalluse any women's work clothing textilessecured by him pursuant to the applica-tion of the rating assigned by paragraph(b).

(1) In the manufacture of any women'swork clothing which Is not visibly desig-nated as such by label or other markingthereon, or

(2) In the manufacture of any workdress, any model other than those gen-erally known as wrap-around or coatstyles, or

(3) In the manufacture in the twelvecalendar months period beginning De-cember 1,1942, 6f more than four modelsof each of the types of such women'swork clothing set out In paragraph (a)(1), or in the manufacture at any onetime of more than two models of eachsuch type, unless such other model Ismade and sold to conform with state,county, or municipal safety laws or plantsafety regulations.

(d) Application of preference rating.Any women's work clothing processor Inorder to apply the preference rating as-signed by paragraph (b) to deliveries ofmaterial to him, must endorse on or at-tach to each purchase order placed byhim to which the rating Is applied, a cer-tificate in the following form, signedmanually or as provided in Priorities Reg-uTation No. 7 (§ 944.27) by an officer dulyauthorized for such purpose:

cmTMIScTIO:The undersigned purchaser hereby certfleo

to the seller and the War Production Boardthat he Is entitled to apply the preferencerating indicated opposite the item Ehown onthe attached purchase order and that suchapplication is in accordance with PrloritesRegulation No. 3, as amended, with the termsof which the undersigned Is familiar. Fur-thermore, the undersigned certifl that thefabrics hereby ordered will be izxd In themanufacture of women's work clothing orotherwise disposed of only as permitted inGeneral Preference Order 1.f-207 and/orSchedule IV thereto.

(Name of purchacer)BY ------------- ---- -- ----

(Signature and title of Mcer)

(Addrcz3)

(Date)

(e) Restrictions on inventory. (1)No manufacturer of women's work cloth-ing shall after November 21, 1942, holdin his inventory a total quantity ofwomen's work clothing textiles, such tex-tiles in process of manufacture intowomen's work clothing and women'swork clothing In excess of such a totalquantity as will be delivered out of hisinventory within 90 days.

(2) No converter or finisher of wom-en's work clothing textiles shall afterNovember 21, 1942, hold in his inventoryany women's work clothing textiles inexcess of the total quantity of such tex-tiles, including such textiles in process,which will be delivered out of his inven-tory within 90 days.

(P.D. Reg. 1, as amended, 6 P.R. 6630;W.P.B. Reg. 1, 7 P.R. 561; E.O. 9024, 7P.R. 329; E.O. 9040,7 P.R. 527; E.O. 9125,7 P.R. 2719; sec. 2 (a), Pub. Law 671, 76thCong., as amended by Pub. Laws 89 and507, 77th Cong.)

Issued this 21st day of November 1942.E.FMST KAN7TER,



PnT 3056--P roLI Coxz[Con ervation Order. U-212, as Amended

Nov. 21, 19421

The fulfillment of requirements for thedefense of the United States has createda shortage in the supply of petroleumcoke 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:

§ 3056.1 Conservation Order AM-212-(a) Applicability of Priorities regulations.This order and all transactions affectedthereby are subject to all applicable pro-visions of the priorities regulations of theWar Production Board, as amended fromtime to time.

(b) Definitions. (1) "Person" meansany individual, partnership, association,business trust, corporation, governmen-tal corporation or agency, or any organ-Ized group of persons, whether incorpo-rated or not.

(2) "Petroleum" means petroleum, pe-troleum products and associated hydro-carbons, including but not limited tonatural gas.

(3) "Raw petroleum coke" means anysolid, Infusible, carbonaceous residueproduced by the destructive distillationof petroleum, when the residue equals orexceeds 5 pounds for every barrel (of 42gallons) of petroleum processed by de-structive distillation.

(4) "Calcined petroleum coke" meansraw petroleum coke after being calcinedor graphitized.

(5) "Petroleum coke" means raw pe-troleum coke or calcined petroleum coke.(c) Limitations on delivery and -use of

petroleum co:e within the United States.Subject to the exceptions in paragraph(d) of this order, no person shall de-liver within the United States, and no

9701


person shall accept delivery of or usewithin the United States, petroleum cokeexcept where (1) it Is to be incorporatedwithin the United States into the follow-ing materials and articles:

AnodesArc carbonsBearingsBlocks (for other than fuel purposes)Bricks (for other than fuel purposes)BushingsCathodesDiffusersDry battery electrodesDry battery mizesElectrical contactsElectrodesExtruded specialtiesFiltersFittingsGenerator brushesJoint compoundsMachined specialtiesMotor brushesMoulded specialtiesPacking ringsPipesPowderRaschlg ringsResistance end resistor elements'Structural materialTelephone specialtiesTower sectionsTubesWelding platesWelding rods, or

(2) It is to be incorporated within theUnited -States into silicon -arbide abra-sives, or

(3) It is to be used (otherwise than asfuel) within the United States in thetreating of metals or ores after receiptof the written authorization of the Di-rector General for Operations author-izing the specific use. Applications forsuch authorization should be made bythe prospective user by letter filed inquadruplicate addressed to the War Pro-duction Board, Aluminum and Magne-slum Branch, Washington, D. C., Ref.:M-212, which letter should state:

(i) 'His name and address,(ii) The quantity and specifications.of

petroleum coke he proposes to use inthe ensuing three months,

(ii) Why he believes no other mate-rial may be used instead of petroleumcoke,

(iv) The quantity of petroleum cokein his inventory on the date of the letter,

(v) The quantity, if any, of petroleumcoke he desires permission to acquire,and

(vi) The name and address of the sup-plier, if any, from whom he wishes to ac-quire the petroleum coke.

(4) It Is to be -used in packing elec-trodes for gas baking and graphitizingpurposes during manufacture.

(d) Exceptions. (1) Any person whohad In his possession or under his controlnot in excess of 100 short tons of petro-leum coke (exclusive of briquets) on Oc-tober 10, 1942, may deliver or -use withinthe United States, free from the restric-tions of paragraph (c) hereof, any petro-leum coke from such stocks; andany per-son may accept delivery of any petroleum

IAdded.

coke from such stocks and thereaftersuch petroleum coke shall be free fromthe restrictions of paragraph (C) hereofif used within the United States.

(2) Any person may deliver or usewithin the United States free from therestrictions of paragraph (c) hereof andany person may accept delivery of or usewithin the United States free from therestrictions of paragraph (c) hereof, pe-troleum coke already manufactured intobriquets for fuel purposes on October 10,1942.

(e) Limitations on delivery of petro-leum coke for export. No person shall de-"liver petroleum coke for export outsideof the United States unless and until hehas xeceived the written authorization ofthe Director General for Operations au-thorizing the specific delivery. Appli-cations for such authorization should bemade by the person making delivery byletter filed in quadruplicate addressed tothe War' Production Board, Aluminumand Magnesium Branch, Washington, D.C., Reference: M-212, which lettershould state:

(1) His name and address,(2) The name and address of the

prospective user, -(3) The quantity and specifications of

petroleum coke he proposes to deliver forxport to the prospective usgr and the

period in which he proposes to make de-livery, and

(4) The proposed-use of thepetroleumcoke.

(f) Opecial directions. The DirectorGeneral for Operations may from timeto time issue specific directions or pro-hibitions with respect to -the productionand qualities of petroleum coke.

(g) Reports. Reports shall be made atsuch times and on such forms as may beprescribed therefor by the DirectorGeneral for Operations, War ProductionBoard.

(h) Appeals. Any person affected bythis order (otherwise than by the failureof the Director General for Operationsto grant an authorization under para-graph (c) 3) hereof) who considers thatcompliance therewith would interferewith the war effort, may appeal to theDirector General for Operations, settingforth the pertinent facts, and the rea-sons he considers that he is entitled torelief. Such appeal should be made byletter in quadruplicate -and shall be ad-dressed to: War Production Board, Alu-minum and Magnesium Branch, Wash-ington, D. C,, Ref.: M-212. The Direc-tor General for Operations may there-upon take such action as he deemsappropriate.

(i) Communications. All statementsand reports required to be filed here-under, and all communications concern-ing this order, shall, unless otherwisedirected, be in duplicate and addressed

to: War Production Board, Aluminumand Magnesium Branch, Washington,D. C., Ref.: M-212.

(j) Violations. Any person who wil-fully violates any provision of this orderor who, in connection with ;his 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, materials under priority control,and may be deprived of priorities as-sistance.(PD. Beg. 1, as amended, 13 F11. 6680;W.P.B. Reg. 1, 7 P.R. 561; E.O" 9024, 7F.R. 329; E.O. 9040, 7 F.R. 527; E,O. 9125,77R. 2719; sec. 2 (a), Pub. Law 671, 76thCong., as amended by Pub. Laws 89 and507, 77th Cong.)

Issued this 21st day of November 1942.'ERNEST XANZLER,

Director General for Operations.[r. R. Doc. 42-12258; F led, November 21, 1942,

12:22 p. m.]

PART -1042-InipORSS OF STRATEnOZMATERVnLS

,[Amendment S of General Imports Order2J-63, as Amended June 2, 19421

(a) Section 1042.1 (General ImportsOrder M-63 as amended June 2, 1942)is hereby amended by making the fol-lowing changes in List I, List II, *andList III:

Change

Add to List I...

Move from ListI to List II.

Move from ListI to List HI.

Move from ListII to List L

:Removed fromList I.

Add to List II..

Material

Coir fiber ...............Coir yarn-_ _ _Coir mnanufactures..Metallie mineral sub.

stances In crude formnot otherwise classified(such as drosses. tkhn.mings, residues, brasfoundry ash, and fluodust).

Caster oil........Glycerine, crude and xr-

fined.Muru mum nuts and ker-

nels.Tucum nuts and kernels...

Pig and hog bristles .....Combed SAK cotton

yarns slnglo or plied, incounts of £O's ansl finer.

Cotton yarns and fabricsas follows:

English 6pun combedcotton yarn, sl gle orplied, 16 ceunts of S'sand finer.

Cotton rope or spinningmules.

G y treing cloth fab.

Filter cloth .............Decating apron fibrie..1,-lthograph moleskin

cloth.Printers mollcton .......

morc*Import

number

a109.03120.0

IN. s, 0.o74,19

220,.2jszia. 0291,1

2239,.9,12239, 0

0917. 0

'N. S. 0.

IN. 11. 0.IN.5,O,

'N.5.C.X.N S, 0.IN. S. V.

A N. S. .

IN. .O,Footnote at end of table.

17 p.. 4168, 4199, 4404, 4878, b638, 652 1 ,6737, 7089, 7773, 8250, 8422.

9702

FEDERAL REGISTER, Tuesday, November 2.1, 19-12

Com-merca

Change Material importclassnumber

Add to List IL- Tale, steatite (magnesium.silicate) containingnotto exceed 13j% land 13% femc oxide:

Crude and unground_.- 11. S. 0.Ground. washed, pow

ered, or pul veri -.. N.B.0.Istla or Iampbw fl ZN. S. 0.

manufacires (Incuding Iall istle products).

AddtoLitIEL- Broomcorn --..........- 2 .0Shoddy and wool extract.- 35=3. 8

Wood mgs ..... 3554. 03513.03514.13514.2

Move from List Wool (apparel, finer than 3514.3Iii to List IL 40' but not finer than 3524. 0

4%).3523.13523.2352.3

IN. S. C.. no separate clas3. Commodity numberhasnot-yet been ased by the Department of Com-merce. Statistical C=- cation of Imports.

(b) This amendment shall take effecton November 23, 1942.

(P.D. Reg. 1, as amended, 6 FR. 6680;W.P.B. Reg. 1, 7 FR. 561; E.O. 9024,7 FR-. 329; E.O. 9040, 7 F.R. 527; E.O.9125, 7 FR. 2719; sec. 2 (a), Pub. Law671, 76th Cong., as amended by Pub. Laws89 and 507, 77th Cong.)

Issued this 20th ay of November, 1942.Ea-msv KAuZmm,


IF. R. Doc. 42-12201; Filed. November 20, 1942;5:09 p. m.]

'PART 1052-KircHE, HOUSEHOLD ANDOTHER MISCELLANEOUS ARTiLES

[Interpretation 1 to Supplementary GeneralLimitation Order L-30-b]

ENAIMELED WARE

The following interpretation is herebyissued by the Director General for Oper-ations with respect to § 1052.3, Supple-mentary Limitation Order L-30-b, issUedOctober 24, 1942:

Paragraph (b) (3) of Order L-30-b pro-,vides that the restrictions on the sizes andtypes of enameled ware articles which maybe produced do not apply to articles producedfor the Army or Navy of the United States,the United States Maritime Commission orthe War Shipping Administration for use inthe field or on ship board pursuant to a con-tract or subcontract specifying "an articlewhich may not be produced within the limi-tations of subparagraph (1) of this para-graph (by." Paragraph (b) (1) in many in-stances permits a manufacturer to produceonly one size of an enameled article within aspecified size range; for example, only onesize of water pall may be produced within the10 to 12Y2 quart range. A question hasarisen as to whether a manufacturer mayproduce under paragraph (b) (3) an articlewithin such a range, such as a 12 quart pall,for United States Army field use after he haschosen to produce that article for civilian andgeneral military purposes in the 10 quartsize, which is within the same range. Theanswer is that he may produce such a 12.quart pail for military use in the field or onshipboard, though only for such use, just as4e may produce for such use a 14 quart

No. 230----8

enameled pall, which Is not within the rangeof sizes permitted for general use.

Paragraphs (b) (5) and (b) (a) tot quotason "the use of Iron and steel' in the "produc-tion of enameled ware." In a case where onemanufacturer fabricates steel into a blackshape and then ships the black chapo to asecond manufacturer who coats It with vltre-ous enamel, the question has aricen as towhose quota of Iron and steel is Involved.Paragraph (a) (5) defines "Iron and -teeluse" as "the aggregate weight of iron andsteel when first put into prOduction by amanufacturer whether in the form of rawmaterials or as purchased parts:' Underthis provision both the manufacturer =hofabricates the steel into black shapes and themanufacturer who coats tho black shapeswith vitreous enamel are conridered to be"using" Iron and steel within the meaningof the order. Conscquently, &uch usa mustconform to the quota limitations of eachmanufacturer. In computing his quota,however, each manufacturer is entitled toinclude in his base period "us0" of Iron andsteel, both the raw material which he fabrl-cated into black shapes and the black sapc3which he purchased and to which he ap-plied a vitreous enamel coating.

(P.D. Reg, 1, as amended, 6 F.R. 6680;W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7FR. 329; E.O. 9040, 7 F.R. 527; E.O. 9125,7 FR. 2719; sec. 2 (a), Pub. Law 671,76th Cong., as amended by Pub. Laws 89and 507, 77th Cong.)

Issued this 23d day of November 1942.

Eazisr KR;ELER,Director General for Operations.

[F.R.Doc.42-12288; llcd, November 23, 1942;11:39 a. m.]

PART 3051-ScALEs, BALicEs Am WImGTS[Interpretation I of Limitation Order L-190]

The following official interpretation Ishereby issued by the Director General forOperations with respect to § 30511 Lim-itation Order L..90:

Paragraph (a) (7) of § 3051.1, LimitationOrder L-190, defines "Clas One scales" toinclude "commercial scales for use in retailtrade." The phraco "commercial scale foruse in retail trade" means only cylinder-typoscales, fant-type scales, hanging ccals andeven-balance scales of the kinds, slzes andmodels commonly used in making sales ofmerchandls direct to ultimate con-Smera.

(P.D. Reg. 1, as amended, 6 P.R. 6680;W.P.B. Reg. 1, 7 FR. 561; E.O. 9024, 7F.R. 329; E.O. 9040, 7 FPR. 527; E.O. 9125,7 F.R. 2719; sec. 2 (a), Pub. Law 671,76th Cong., as amended by Pub. Taws 89and 507, 77th Cong.)

Issued this 23d day of November 1942.

EMsT HNZELEl,Director Generar for Operations.

[P.R. Doc. 42-12280; Flied, November 23, 1942;11:38 a. n.]

PART 1055--WooL

[Conservation Order !-73, as Amended No-vember 23, 1942 for the period August 3,1942, to January 31, 1943]

Whereas the fulfillment of require-ments for the defense of the UnitedStates has created a shortage of woolfor the combined needs of defense, prl-

vate account, and export; and the supplyIs, and may continue to be, insu cientfor defense and essential civilian require-ments, unless its use is curtailed or pro-hibited as hereinafter provided; and itIs necessary in the pubic interest and topromote the national defense to allocatewool in the manner hereinafter in thisorder provided;

Now, therefore, it is herebyi ordered,That:

§ 1055.1 Conservation Order 2Zf-73-(a) Curtailment of use of wool for non-defense orders for period August 3,1942,through January 31, 1943. During theperiod from August 3, 1942, to January31, 1943, both dates inclusive, no personshall put into process, or cause to be putinto process by others for his account, fornondefense orders, any wool except asfollows:

(1) On worsted system. Any personhaving a basic quarterly poundage on theworsted system shall be entitled to putInto process, or cause to be put into proc-ess by others for his account:

() An amount of wool owned by himnot in excess of 20% of such basic quar-terly poundage, for the manufacture offabrics or yarns containing not less than20% wool, wool waste, noils, reprocessed.and reused wool, and

(11) An additional amount of woolowned by him not In excess of 25% ofsuch basic quarterly poundage for themanufacture of fabrics or yarns contain-ing not more than 65% wool and notless than 20% wool, wool waste, nou:,reused and reprocessed wool.

(2) On woolen, cotton, felt or othersystem. Any person having a basic quar-,terly poundage on the woolen, cotton,felt, or any other system shall be entitledto put into process or cause to be put intoprocess by others for his account:

G) :An amount of wool owned by himnot in excess of 5% of such basic quar-terly poundage, for the manufacture offabrics or yarns containing not less than20% wool, wool waste, nolls, reused andreprocessed wool, and

(1i) An additional amount of woolowned by him not in excess of 25% ofsuch basic quarterly poundage for themanufacture of fabrics or yarns contain-ing not more than 65% wool and notless than 20% wool, wool waste, noils,reused dnd reprocessed wool.Provided, however, That notwithstandingthe provisions of subparagraphs (1) and(2) above any person who made and soldprior to June 1, 1942, fabrics or yarnscontaining less than 20% wool, woolwaste, nolls, reused and reprocessed woolshall be entitled to put into piocess woolfor the manufacture of these same fab-rics and yarns within the limitationsherein prescribed. Nothing herein con-tained shall be construed to prohibit themanufacture of fabrics or yarns contain-ing less than 20% of wool waste, noils,reused and reprocessed wool.

(3) On manufacture of floor covering.Notwithstanding the provisions of sub-paragraph (1) and (2) above, any per-son whose basic quarterly poundage iscalculated from wool put into process for

9703


the manufacture of floor covering shallonly be entitled to put into process, or'cause to be put Into process by others forhis account:

(I) Amounts of wool of grades 44s andlower, fine carpet wools, coarse carpetwools, coarse alpaca, fleece, alpaca sec-onds or short fleece (unless from Are-quipa), Huarizo (unless from Arequipa),llama (unless from Arequipa), or piecesor locks of alpaca or llama, owned bysuch person, for the manufacture of woolproducts other than floor covering, and

(ii) Amounts of coarse carpet wool forthe manufacture of floor covering,

,but shall be entitled to put into process:a total amount of such wools for the pur-1poses prescribed which is not in excess of:50 per cent of such basic quarterly pound-iage calculated from the manufacture of'floor covering.

(b) Bonus for use of certain types of"wool. Any person shall, for each pound!of wool of grades 44s and lower (includ-ing carpet wool), or skin alpaca, coarsejalpaca fleece, alpaca seconds, Huarizo,llama, or coarse pieces or locks of alpacaor llama, owned, or hereafter acquired bysuch person, put into process or cause to,be put into process by others for his ac-,count, within the limits- of paragraphs,(a) (1) and (2), be entitled to put intoprocess, or caused to be put into processby others for his account:I (1) On the worsted system, an addi-tional two pounds of such material owned'or hereafter acquired by him,I (2) On the woolen, cotton or felt sys-tem, an additional five pounds of suchmaterial owned or hereafter acquired bysuch person.I (c) Special provision for manufactureof yarn for use in manipulated fabrics.(1) For the purposes of paragraphs (a)(1) and (2) the putting into process ofwool for the manufacture of yarns forsale to knitters or weavers to be manu-factured by them into fabrics or gar-ments containing not more than 65%wool and not less than 20% wool. wool,waste, noils, reused and reprocessed, wool,shall be considered as the putting intoprocess of wool for the manufacture ofsuch fabrics: Provided, That-each sale ofsucli yarn to a knitter or weaver is made;only upon the receipt from such knitteror weaver of a certificate in duplicate,signed on behalf of the knitter or weaverplacing such order by a duly authorized,person in substantially the followingform:

The undersigned hereby certifies to hisvendor and to the War Production Board thatthe yarn covered by this purchase order willbe used by the undersigned for the manufac-iture of fabrics or garments containing notmore than 65% wool as the term is defined -in Conservation Order M-73, and not lessthan 20% wool, wool waste, noils, reused andreprocessed wool.

and Provided, further, That one of theduplicate certificates required for eachsuch sale shall be filed with the WarPro-'duction Board on or before the 15th day

of th month following the month inwhich such sales were made.

(2) No knitter or weaver furnishinghe certificate mentioned in subpara-graph (1) of this paragraph for the pur-.chase of yarn shall kni{ or weave suchyarn into fabrics or garments which con-tain more than 65% wool or less than20% wool, wool waste, noils, reused andreprocessed wool, or otherwise use ordispose of such yarn.

d) Restrictions on use of certain typesof wool and of wool content of ceriainproducts-l) Restriction on wool con-tent of blankets for nondefense use. Noperson shall manufacture for nondefenseorder any blanket containing more than80 per cent of wool, wool waste, noils,or reused and reprocessed wool, in theaggregate, except blankets made solelyfrom used or damaged paper-makers'felts and/or used processing felts.

(2) Restrictions on use of certain woolsin drapery and upholstery fabrics fornondefense use. No 'person shall putinto process, or cause to be put Intoprocess by others for his account for non-defense order for the manufacture of anydrapery or upholstery fabrics any woolother than coarse carpet wool, coarse al-paca fleece, alpaca seconds or short fleece(unless from Arequipa), Huarizo, (unlessfrom Arequipa). llama, (unless from Are-quipa) or pieces or locks of alpaca orllama.

(3) Restrictions on use of certain woolsin floor coverings. No person shall putinto process, or cause to be put into proc-ess by others for his account any woolother than coarse carpet wool for themanufacture of floor covering.

(4) Restrictions o= use of alpaca,huarizo and llama. No person shall putinto process any No. 1 alpaca fleece fromArequipa, Callao or Tacna, No. I skinAlpaca fleece from Arequipa, alpacaseconds or short fleece from Arequipa,Huarizo fleece from Arequipa, or llamafleece from Arequipa,-and no person shalluse or process any alpaca tops, exceptfor the manufacture of fabrics or yarnto be delivered to or for the account ofthe Army or Navy of the United States,the United States Maritime Commissionor the War Shipping Administration, orin the manufacture of fabrics or yarnsto fill orders therefor accompanied by acertificate, signed by the purchaser, orby a person duly authorized to sign inhis behalf, in substantially the followingform:

The undersigned hereby certifies to hisvendor and to the War Production Board thatthe yarnms or fabrcs covered by the annexedpurchase order will be used by him in themanufacture of material or equipment to be

delivered to or for the account of tho Armyor Navy of the United States, the UnitedStates Maritime Commission or the War Ship-ping Administration.

(e) General exceptions. The prohi-bitions and restrictions of this order shallnot apply to any person to the extentthat such person puts wool Into processfor the making of wool products entirelyby hand, including the spinning, andweaving of the fabrics.

.(f) Prohibition against sales or deliv-eries. No person shall hereafter sell oraeliver any material to any person if hoknows, or has reason to belfeve, suchmaterial is to be used in violation ofthis order.

(g) Limitation of inventories. Noperson shall receive delivery of wool orproducts thereof in the form of raw ma-terials, semi-processed wool materials orfinished goods containing wool, In quan-tities which shall result In an Inventoryof such material in excess of a minimumpracticable working inventory, takinginto consideration the limitations placedupon the use of wool by this order: Pro-viced, however, That nothing hereincontained shall be deemed to restrict thepurchase or delivery of any importedwool to the person importing the sameeither directly or through an agent or tothe person to whom such wool may bosold prior to landing in this country.

(h) Fair distribution of products. In'making sales or deliveries of wool yarn,fabrics, styles or patterns, no person shallmake discriminatory cuts in amounts orquantities In acceptance of orders or de-liveries between former customers andnew customers who meet such person'sregularly established prices and terms,or between former customers, new cUS-tomers and his own consumption of theseproducts, or any of them.

(1) Additional allotment of wool foruse in certain knitted wear. (1) In ad.dition to the amount of wool which anyperson may put into process, or cause tobe put into process by others for his ac-count, pursuant to paragraphs (a) and(b) hereof, such person may put wool Intoprocess, or cause wool to be put intoprocess by others for his account, for themanufacture of machine knitting yarnssuitable for making machine knittedsweaters, shawls, and underwear, Pro-vided, That:_(t All such additional wool shall not

exceed 10% of such person's basic quar-terly poundage,

(ii) Such person makes such yarns tofill orders placed with him after October30, 1942, by manufacturers of machineknitted sweaters, shawls or underwear,or by jobbers who deal in machine knit-ting yarns, and

(l) Each such order is accompaniedby a certificate signed by the purchaser,or by a person duly authorized to sign inhis behalf, in substantially the followingform:

The undersigned hereby certifies to hlvendor and to the War Production Board thathe Is entitled under the provisions of para-graph (1) of lAt-73, as amended for the periodAugust 3, 1942 to January 31, 1943 to purchasemachine knittingyarns made from tho spe-cial allotment of wool granted therein, and

'9704


that the knitting yarns covered by the an-nexed purchase order will be put into processby _hm prior to January 15, 1943, and onlyin the manufacture of machine knittedsweaters, shawls or underwear, containingnot more than 65% wool, or will be put intoprocess by others for his account for suchpurposes before such date.

For the purpose of the above certificate"put into process" shall mean the firstoperation on knitting yarn performed bythe knitter, such as dyeing, scouring,winding or knitting or otherwise, as thecase may le.

(2) The bonus established by para-graph (b) for use of certain types ofwool shall be operative with respect toamounts of wool put into process pur-suant to subparagraph (1) of this para-graph (I).

(3) Persons putting wool into processfor the aanufacture of machine knittingyarns pursuant to the provisions of sub-paragraphs (1) and (2) of this para-graph (i) shall report the amount ofwool so put into process in their monthlyreports on Form PD-274 under the hedd-ing "Special Wool Grant, Series S."

(j) Miscellaneous lrovisions-(1) Pri-orities Regulation No. 1. This order andall transactions affected thereby are sub-ject to the provisions of Priorities Reg-ulation No. 1 (Part 944), as amendedfrom time to time, except to the extentthat apiy provisions hereof may be in-consistent therewith, in which case theprovisions of this order shall govern.

(2) Appeal. Any person affected bythis order who considers that compliancetherewith "would work an exceptionaland unreasonable hardship upon him,or that it would result in a degree of un-employment which would be unreason-ably -disproportionate compared with theamount of wool conserved, or that com-pliance with this order would disrupt orimpair a program of conversion fromnondefense to defense work, may appealto the War Production Board on theform provided therefor setting forth thepertinent facts and the reason he con-siders he is entitled to relief. The Di-rector General for Operations maythereupon take such action as he deemsappropriate.

(3) Applicability of order. The pro-hibitions and the reitrictions containedin this order shall apply to the use ofwool put into process 6n or after August3, 1942 in all articles hereafter manu-factured. Insofar as any other order -fthe Director General for Operations mayhave the effect of limiting or curtailingto a greater extent thau herein providedthe use of wool in the production of anyarticle, the limitation of such other ordershall be observed.

(4) Violations. Any person who wil-fully violates any provisions of thisorder, or who in connection with thisorder, wilfully conceals a material factor furnishes false information to anydepartment oi agency of the UnitedStates is guilty of a crime, and upon con-viction may be punished by fine or im-prisonment. In addition, any such per-son may be prohibited from making orobtaining further deliveries of, or fromprocessing or using, material under pri-

ority control and may be deprived ofpriorities assistance.

(5) Definitions. For the purposes ofthis order:

(i) "Wool" means the fiber from thefleece of the sheep or lamb, or the hairof the Cashmere goat or camel or thealpaca, llama, vicuna, and related fibers,including fine carpet wool and coarsecarpet wool, but (except for the purposesof paragraph (h)) shall not include nolls,waste, reprocessed or reused wool, or yarnor cloth.

(li) 'Tine carpet wool" means woolwhich, under paragraph 1101 of the TariffAct of 1930, may be imported free ofduty for the manufacture of floor cover-ing (but which under the terms of thisorder may only be used for the manu-facture of wool products other than floorcovering, and other than drapery andupholstery fabrics on nondefense orders)Identifiable under the following names:Persian Gulf fleece, New Zealand fleece,Crlolla, Jorla, and Thibet number onewhite.

(iii) "Coarse carpet wool" means woolwhich, under paragraph 1101 of theTariff Act of 1930, may be imported freeof duty for the manufacture of floorcovering, not specifically named in sub-paragraph (it) above.

(iv) 'Inventory" of a person includesthe inventory of affiliates and subsidiariesof such person, and the inventory ofothers where such inventory is under thecontrol of or under common control withor available for the use of such person.

(v) '"Manufacture" means any and allprocessing on any system beyond thescouring operation, excepting only thecarding and combing operations on theworsted system.

(vi) "Put Into process" means:(a) On the worsted system, the first

process of drawing after combing.(b) On any other system using tops,

cut tops or broken tops, the first opera-tion of cutting, breaking, picking or card-ing as the case may be.

(o) On the woolen, felt, or any othersystem not using tops, the first step afterscouring, carbonizing, dusting or similarcleaning or preparatory process.

(vii) "Basic quarterly poundage" forany single system of manufacture shallmean one half of the number of poundsof wool and mohair, either kid or adult,put Into process on that system by aperson or for his account during theperiod from December 29, 1940, toJune 28, 1941, both inclusive or for theperiod from January 1, 1941, to June 30,1941, both inclusive, according to themethod of keeping production recordsmaintained by such person during suchperiod. Such poundage shall be deter-mined as follows:

(a) On the worsted system or anyother system using tops, the weight oftops put into process at 15 percent mois-ture regain, 311 percent of oil and natu-ral fats.

(b) On the woolen system, scouredwool, and mohair, either kid or adult, at12 percent moisture.

(o) On the felt or any other system,the weight of wool and mohair, either kid

or adult, in the stage immediately pre-ceding putting into process.

(6) Reports and records. (i) Eachperson who puts wool into process shallfile with the War Production Board, suchreports or forms, settipg forth theamount of wool put into rocess in anyperiod, the yardage of fabrics and/or theamount of yarns produced therefrom andthe fiber content of each type thereof, theamount of wool expected to be put, intoprocess In any period, the yardage offabrics and/or the amount of yarns ex-pected to be produced therefrom and thefiber content of each type thereof, andsuch other information, as the DirectorGeneral for Operations may prescribe.

(iI) All persons who put wool intoprocess shall keep and preserve suchrecords as will clearly and adequatelyshow their methods and amounts of con-sumption hereunder.

(7) Reports and correspondence. Allapplications, statements, or other com-munications filed pursuant to this orderor concerning the subject matter hereofshould be addressed to the War Produc-tion Board, Textile, Clothing andLeather Branch, Washington, D. C.Ref.: M-73.

(k) Effective date. This order shalltake effect on August 3, 1942.(P.D. Reg. 1, as amended, 6 P.R. 6680;W.P.B. Reg. 1, 7 P.R. 561; E.O. 9024, 7P.R. 329; E.O. 9040, 7 P.R. 527; E.O. 9125,'7 F..H 2719; see. 2 (a), Pub. Law 671,76th Cong., as amended by Pub. Laws 89and 507, 77th Cong.)

Issued this 23d day of November.ErE r.=,

Director General for Operations.[F. I. Doo. 42-12289; Filed, November 23, 12;

11:38 a. m.]

PA T 1084-CArm FooDs[Supplementary Ordar ,,-EG-a as Amended

Nov. 23, 1942]Section 1034.2 Supplementary Order

74-86-a is hereby amended to read asfollows:- § 1084.2 Supplementary OrderZI-S6-a.(a) Pursuant to Order 1-6, which thisorder supplements, it is hereby orderedthat each canner shall set aside to bedelivered for the requirements of govern-ment agencies, pursuant to Order M-86,a quota of fruits and vegetables packedby him at any time in the calendar year1942 or, when specified in Tables II andr, attached hereto, in 1942-3. Such

quota of fruits and vegetables shall beof the kinds and In the percentages setforth In Columns A and B of Tables I,I, and I, attached hereto.

If the type, style, or variety of anysuch fruit or vegetable is described inColumn C, such quota shall be in thetype, style, and variety described, butother types, styles or varieties shall besubstituted to the extent that thosespecified in Column C are not packed.To the extent that the canner's produc-tion of the first preference grade of suchfruit or vegetables specified in Column E

9705


Is sufficient, at least two-thirds of thequota, but preferably the entire quota,shall be set aside from such grade. Tothe extent that the quantity so set asidedoes not fill his quota, the canner shallset aside sufficient of his production ofthe second preference grade, if any,specified in Column F to complete hisquota. To the extent that the quanti-ties so set aside out of both first and sec-ond preference grades do not fill hisquota, the canner shall set aside suffi-cient of his production of the third'pref-erence grade, if any, specified in ColumnQ to complete his quota.

To the extent possible and insofar ascompliance with the above grade re-quirements permits, at least two-thirdsof the quota, but preferably the entirequota, shall be set aside in the largestcan size specified in Column T). The bal-ance shall be reserved in th - Lxt largestcan sizes available in the order of pref-erence specified in Column D.

Any canner who, is required to setaside canned goods pursuant to this or-der shall provide himself with the neces-sary materials to pack such canned goodsIn. export boxes, which may be nailedwooden boxes, weatherproof solid fiberboxes, or wirebound wood boxes, at hisoption according to specifications at-tached hereto, except that nailed woodenboxes and weatherproof solid fiber boxesshall mot be wired or strapped except asspecifically directed by the purchaser.

(b) The report prescribed by para-graph (c) (2) of Order M-86 shall begiven on Form PD-343, Seasonal Pack

- Report. In the case of products listed inTables II and III, of which the seasonalpack is completed in 1943, the reportshall be fled within fifteen days of thecompletion thereof and shall not be lim-ited to the year 1942 as indicated in thecaption of said Form PD-343.

(c) The notice permitted by para-graph (c) (3) of Order M-86 may begiven If any goods set'aside in compli-ance with this order have not been pur-chased within sixty days after the mail-ing or filing of the report with respectto such goods prescribed by paragraph(c) (2) of said Order M86.

Issued this 23d day of November 1942.ERNEST KANZLR,

Director General for Operations.TABLE I-PRIMARY PRODUCTS

The quota of any product listed inColumn A to be set aside by any cannerfor the Government shall be equal tothe percentage shown in Column B ap-plied to his total 1942 pack of thatproduct.

A B 0 D E F G

Percent- GradeCanned frts ag9 Description Can sizes preferred

and egetables 1942 D rin order listed First Second Thirdpack preference preference preferenca

F r u i t c o c k t a L . 4 0 ----------------------1 0 -- 2 -2 .. C h o t e . .... . .. F a n c y .Peaches .------- 38 Clings, freestone; 10-2y--2 --------- Choice ...... Topstd .cllngs Fancy.

halves, sliced, only.,Pears ----------- 40 Bartlett halves.-- 10-2+-2-------- Choice-..... Top sd ...... Standard.Asparagus ------ S0 Culturally bleached, 10-2 ---------... .-- Fancy cut... Fancy spear.

all green.Beans, Lima.. 35 Fresh .............. 10-2 ............... Ext. std ..... Fancy green... Std. frc1h

v:hlto.Beans, string... 35 Out-groon, wax; 10-2 ........... std. Topstd....... Fancy,

round, flat.Corn, sweet-.... 35 Yellow-whiteocream §2-full Insido en- Ext. std .... Fancy ........ Standard.

style. Whole amel-Oroeamkernel, style and whole

kernel; 10-fullInside enamel-Whole kernel only.

Peas .......... 35 Alaska's, 3, 4 sieve 10-2 ---------------- Ext. std ..... Top sid.1 ...... Fancy.sweets, 3seve and

-larger, ungraded.TomateLs.., 35 . ................. 10-- 2-2 .... Ext. stdZ.. Top std.t ...... Fancy.Tomato catsup. 38 -". . . 10--1- o-. glaa and Fancy 2

57 Standard.

larger, solids.Tomatojuice._ 17...........-.--- 10-3 cyl. (4 0lXt O. Fancy.

1 Top Standard means 70-74 Inclusive as defined in terms of U. S. Grades.2 Except Freestone Peaches packed in California. (Sec Table Il.)

_TABLE I--SECONDARY PRODUCTS

The use of tinplate in packing theseproducts is restricted by ConservationOrder No. M-81 as itmay be amendedfrom time to time. The quota to be setaside for the Government will be equalto the percentage shown in Column'B

below applied to the maximum produc-tion permitted by Order M-81. Suchquota may be packed In addition to thepack permitted by Order M-81. If actualproduction is less than the quota, theentire pack of the particular productshall be set aside.

A B 0 D F I G

Per- GradeCanned fruits centage Can szes preferred

and vegetables as de- Descriptionfined in order listed First prefer- TSecondlprat- Thdrdpret.above ene once enco

Apples ..... 100 Heavy pack ....... 10 ................ Standard.Applesaue' $- c Frea1-2 ............. Fancy ...... Standard.Apricots-. ------ 75 Halves unpeeled .... 10-2M ........ Choice ...... Top Std.' ..... Fancy.Chries RSP 44 Red pitted (water 10-2 ............. Standard ....- pack). tCherries, sweet. &0 Lght, dark pitted, un- 10-23i-2 ........ Choice ...... Top Std ..... Fancy.

pitted.Peaches ...... 26 Freestone (cal. only) 10-2-2 ........ Choice ...... Fanoy.

halves-sliced.Pineapple ...... 4 Sliced, crushed, tid- 10-2yx--2 ......... Fancy ...... Standard.

bits (except saladand cocktail tidbits),chunks

Pineapple luie. 14.............. ...... 10-3 cyl. (404 x Fancy.1- 00) 2yj-2.

Prunes, fresh... 50 Italian ........ .. 0--2........ Choice..F.an.Beets .......... 100 Cut-quartered sliced- 10-2-2 . Fancy ... Top Std.2

diced.Carrots....... 00 Diced ........... 10-2y-2 . Fancy ..... Top Std.'Pumpkin ....... ..72................. ..-- F--- ney -. Top Std.2Spinach -..... .. -................. 10-2-2 . Fancy-..- Top Std.2

ITo standard means 70-74 inclusive as defined in terms of U. S. Grades.ITop standard means 80-84 inclusive tbs defined in terms of U. S. Grades.31942-1943 seasonal pack.

TABLE Ill-CANED CrTRUS PRODUCTS duction during the quota period of anyThe quota to beset aside for Govern - rodlct listed in Column A shall be corn-

mental purchase from a canner's pro-. puted by applying the percentage in Col-

9706


umn B against the canners total pro-duction, by weight, of that product in thebase period. The quota period shall beAugust 1,1942 to July 31,1943, in Florida,Texas and Arizona, and December 1,1942

to November 30, 1943 in California.The base period shall be the correspond-ing period one year prior to the quotaperiod.

A B 0 D " P O

er-Can (s- Grmdo

Product cent o 'Type, style, variety quenco dnotes19k prcrnc) First pref- Ceoandprc- Thlrdrrlr-pack crenco MrcE= crenco"

Graper fut --........ 19 Segments ----------- - 2 -------------- Facy.. Cho *..._ St6,sbd.Grapefruit uice--.. 4S sweetened or unswect• 10-3 cyL Z ... Fancy..-. SLand3rd.

ened.Orange Juice ........ 21 Sweetened or unsweet. 10-3 cyl2 .... Fancy..-_ Stnd3rJ.

cued.Orangeandgrapefruil 100 Sweetened or unswect. 10-3 cyl. 2 .... Fancy.- Standard.

juice blended. cued.

SPECIFICATIONS FOR BOXES

1. Weatherproof -solid fiber boxes.Weatherproof solid fiber boxes must beof one piece regular slotted construction,metal stitched body joint; constructionin accordance with the following table:

Minimum Minimum-Totalweigh (exclusie olbox) thickness bursting

olboard strength( ch) _ (pounds)

Not exceeding 42 lbs ----------. 090 I2MOver 42 ]bs., but not exceed-

ingC5 lls ------------------ .100 39

- Boards shall further comply with thefollowing waterproofing tests: Specimens6" x 10", cut from unscored sections ofboxes, shall be completely immersed inwater for one hour, after which the com-ponent plies must not separate beyond.1" from the edges of the piece; aftertotal immersion for 22 hours similarsamples must test npt less than 50% ofthe originally specified bursting strength,and must weigh not more than 150% ofthe weight before immersion.

Bottom flaps shall be metal stitched,to the extent the canner's facilities per-mit, otherwise bottom flaps shall be se-curely sealed by gluing over all areas incontact; top flaps shall be sealed bygluing over all areas in contact. Thesealed boxes shall be reinforced by twoflat or round steel straps each havinga joint or knot breaking strength of notless than 290 lbs., applied at right angles(over sides, top, and bottom, and overends, top, and bottom), toward centersof respective panels, but over points ofcontact of cans with wall of box. Box-maker shall print- or clearly mark byknurled impressions which do not im-pair the strength of the'board, approxL-mately % " wide, to indicate the position

of the strapping, and shall print a guar-antee of compliance with this specifica-tion.

2. Wirebound ood boxes. Shall com-ply with Federal Specification NN-B-631a, except as follows: Styles 1, 2, or3 boxes, or boxes with twisted loopclosures, may be used. Veneer or sawedboards, of the following thicknesses, 6hallbe used:

MnIMum llck=mc o, Cdx,top, Lottrm, cnd,. rand ihrr

Total wrglit Ccxemlvco - 1of bm~) Gou~~ I cupll IN

(czonato Ecc l1) (inch) a ich) (inch)

Not exceeding U5ib.... 1" e .Over rz lb. but not cx-

ccednsE~ls......__1Over 5 bmlb, but not cx-

o1r1x : 'The folhwing rcc-" of Orcup 1 mnl bo ofthe mme ildenlme permitted for Orcup It r m vxc Isfor Eldcs, top, bottrmrand nd lrcmenly. Cottonwc'l,Cyprc-s. Monolla. Nobleolrcnd Spmc.

Cleats shall not be less than 13/16" x13/16" and shall be made of Group II,31 or IV woods.

Binding wires shall be not less thanNo. 15 gauge (.072" diameter). Girthwires shall be spaced not more than 6"apart. End wires on Style No. 3 boxesshall be spaced not more than 6" fromcleats or from each other.

Style No. 3 boxes shall have 2 edgelines, not less than 12'V wide attachedto each end perpendicular to (across)the grain of the end boards.

Box=s shall be printed with the nameand address of the manufacturer and aguarantee of compliance with this Speci-fication.

3. Nailed wooden boxes. Boxes shallbe made of new materials and of goodcommercial quality. All boxes shall be

made of seasoned lumber having a mois-ture content not to exceed i%. Thepieces Shall show no defects that mate-rially weaken them, expose the contentsof the box to damage or interfere withnailing. No knot or knot hole shall havea diameter exceeding one-thi-d the widthof the piece. Surfaces of box parts shallbe sufficiently smooth to permit legiblestenciling and shall not be splintery.Boxes for weights not exceeding 75 lbs.shall be Style 1. Federal SpecificationNN-B-621a. Btxes for weights exceed-ing 75 lbs. shall be Style 5 with triangularcleats for round or oval cans and Style4 for square and oblong cans.

(Tlclme:3 of parts of boxes)

Minimaum fin- ITimu fn-Lh~d wCDM-3 Ud thlckz-csofcnda oft-d-s, tr'ps-%

ofs idsdo

Osccdr 5' IVas

F~c sie, (i n boto shall Vce

(ic) (inch)

nailed to each end piece with not lessthan four sx-penny cement coated boxnails for Group I and e woods, or four

five-penny cement coated box nails forGroups 331 and IV woods, spaced notmore than three Inches apart.

Boxes shall be sized to allow approxi-mately one-eighth inch 6ver exact length,wiath and height of contents.

The nailed boxes shall be reinforcedby two flat or round steel straps, eachhaving a joint or knot brealdng strengthof not less than 290 lbs., applied oversides, top, and bottom, approximately16 the distance from each end of box.(P.D. Reg. 1, as amended, 6 P.R. 6680;W.P.B. Reg. 1, 7 P.R. 561; E.O. 9024, 7P. 329; E.O. 9040, 7 P.R. 527; E.O. 9125,7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76thCong., as amended by Pub. Laws 89 and507, 77th Cong.)

IF. R. Dc. 42-12230; Filed, November 23,1942;11:33 a. m.]

Pnx 1084-Cm'Ia FooDs[Concervatlon Order LK-237, as Amended

Novemb= 23, 1942ITne fulfillment bf requirements for thi

defense of the United States has createda shortage in the available supply of

9707


canned fruits and vegetables for defense,for private account and for export, andthe following order is deemed necessaryand appropriate in the public interestand to promote the national defense:

§ 1084.15 Conservation Order M-237-(a) Definitions. For the purposes of thisorder:

(1) "Canner" shall mean any personengaged in the business of canning foodsin hermetically sealed metal or glass con-tainers and sterilizing the same by theuse of heat.

(2) "Civilian pack" shall mean the to-tal amount by weight of all grades of allrestricted canned foods in any one ofthe three groups listed in Exhibit Acanned by any canner during the seasonspecified, excluding any food whicl thecanner is required to set aside by Con-servation Order M-86 and orders amend-atory and supplementary thereto, andwhich Is not released from the operationof such orders by the Director Generalfor Operations, and also excluding anycanned foods actually purchased by orcontracted for, or packed pursuant to dulyauthorized letter of intent issued by, anynon-quota purchaser. This definitionshall not be deemed to affect or changethe meaning of the term "pack" as usedin Conservation Order M-81, whereinsuch term refers to area of tinplate orterneplate, nor to affect or change themeaning of the term in ConservationOrder M-86.

(3) "Restricted canned foods" shallmean any of the fruits and vegetableslisted in Exhibit A attached hereto,packed in hermetically sealed metal orglass containers and sterilized by the useof heat, during the packing seasons in-dicated in said exhibit, excluding, how-ever, liquid, strained, mashed or choppedcanned foods, when packed as infant foodor for invalid feeding, and excludingjams, jellies, preserves, marmalades,pickles, relishes, and soups.

(4) "Non-quota purchaser" s h allmean:

(i) The Army, the Navy, the MarineCorps, the Coast Guard, the Coast andGeodetic Survey, the Defense SuppliesCorporation, War Shipping Administra-tion or any agency of the United StatesGovernment for supplies to be deliveredto, or for the account of the govern-ment of any- country pursuant to theAct of March 11, 1941, ent:tled-"An Actto Promote the Defense of the UnitedStates" (Lend-Lease Act).

(ii) Any person operating an ocean-going vessel engaged in the transporta-tion of cargo or passengers in the for-eign, coastwise, or intercoastal trade,for necessary supplies for such vessels.

(iII) Any person who furnisher eat-ing facilities for members of the armedforces pursuant to contract therefor withthe United States, for necessary suppliesfor such purpose, if .4uch person furnishescopies of his contract to the canner, orother adequate evidence that such re-

stricted canned foods are required forsuch use.'

(iv) Any person who purchases re-stricted canned foods for delivery. in anyterritory or possession of the UnitedStates, if such person furnishes to thecanner copies of purchase orders or otheradequate proof that the restricted cannedfoods actually were purchased for deliv-ery in any such territory or possession:Provided, That proof shall not be re-quired of a government agency.

(v) Any person who purchases re-stricted canned foods for use in the com-mercial manufacture of food products,to the extent of his current require-ments (grape juice, tomato pulp in 5gallon cans, tomato paste in #10 cans,and peppers, only).

(vi).Any person who purchaseg" re-stricted canned foods from a canner forresale to a non-quota purchaser, or toreplace in his inventory material deliv-ered to a non-quota purchaser, to the ex-tent of his purchases for such purposes,if he furnishes to the canner copies ofpurchase orders or other adequate proofthat such resales or deliveries were tonon-quota purchasers

(5) "Wholesale receiver" means any.person other than anon-quota purchaser(regardless of whether or not he is alsoa canner) who since June 30, 1942, boughtin excess of 4,000 cases of any group ofrestricted canned foods for any purpose.

(b) Restrictions on delivery. (1)Without regard to existing contracts, andexcept as authorized in this paragraphand in paragraphs (b) (2), (3), (4), and(5) below, no canner shall deliver morethan 35% of his civilian pack of anygroup of canned foods listed in ExhibitA before December 1,, 1942, nor morethan 70% thereof before April 1, 1943.Deliveries already made on or beforeSeptember 26, 1942 shall not be deemedin violation of this paragraph, but shallbe charged first against the 35% per-mitted before December 1, 1942, and ifin excess of 35%, against subsequent de-livery quotas in their chronological order.No delivery to a non-quota purchasershall be deemed in violation of this para-graph, notwithstanding that it may re-duce a canner's permitted delivery quota.for any period below his prior actual de-liveries during that period, but any suchexcess shall be chargeci against the can-ner's quota for the ensuing period. Forthe purpose of calculating the deliveryquotas permitted by this paragraph allcanning plants owned -directly or indi-rectly by a single person may be regardedat the canner's election either separatelyas single units or as a whole, but suchelection, once made, must be adhered tofor all the purposes of this order.

(2), Notwithstanding paragraph (b)(1), but subject to paragraph (b) (3),any canner may deliver, and any person(except a wholesale receiver prohibitedfrom acceptitig delivery by paragraph(b) (4)) may, accept delivery from a

-N

canner, of any restricted canned foods,in advance of the permitted delivery datefor such foods, if the canner notifies thepurchaser in writing of the permitteddelivery date of such restricted cannedfoods, and If such purchaser certifies inwriting that he will not deliver, transport,or use such restricted canned foods inadvance of the permitted delivery date,Such certificate shall be provided to thecanner and a copy filed with the WarProduction Board, and It shall be Insubstantially the following form:

Pursuant to paragraph (b) (1) of Order1M-237, with the terms of which order theundersigned is familiar, we have thi. dayaccepted delivery of ---------- , (describemerchafldise) from --------------------

(canner)We understand that we are not permittedto deliver, transport, or use such merchandiseuntil --------- , 19, as it s pArt of thepack which ------------------ (canner)was required to hold until that date.

(Purchaser)By .........-- - ......(Duly authorized official)

No person who accepts delivery of anyrestricted canned foods with knowledgeor reason-to believe that such foods aredelivered in advance of their permitteddelivery date may deliver, transport, oruse such foods in advance of such date,

(3) The restrictions on delivery Inparagraph (b) (1) do not prohibit ship-ment for storage at the point of destina-tion or in transit in advance of the per-mitted delivery date, provided that pos-session and control do not pass to thepurchaser, The 30% which may not bedelivered before April 1, 1943 must bestored at or near the canner's plant untilthe time when such delivery is permitted,If any canner or person accepting do-livery fron a canner pursuant to para-graph (b) (2) is unable to store any partof the canner's pack in a heated ware-house at or near his plant, he may sonotify the War Production Board inwriting and unless he receives Instruc-tions to'the contrary within two weekafter thb date of such notice, he shall notbe required to hold such part of the packat or near such plant."(4) Any wholeiale receiver who be-

tween August 1, 1942, and April 1, 1943,has accepted or shall have accepted de-livery of restricted cannd foods of anygroup equaling or exceeding the follow-ing percentage of his base figure

Percent:or group L ---.- ........----------- 70for group IL ....----------------- 8Dfdr group r ---------------------- 80

shall not sell, deliver, or use such excessof such group, and shall not accept de-livery of any-further restricted cannedfoods of such group. The base figure foreach wholesale receiver for each groupshall be, at his option, either the total ofhis acceptances of delivery, or of his sales,between January 1, 1942, and August 31,

9708


1942, of all canned foods listed in suchgroup, whenever packed. Canned foodsfor resale to non-quota purchasers or toreplace in the wholesale receiver's in-ventory matdrial so sold are subject tothe limitations of this subparagraph un-less evidence is furnished to the canneras prescribed in paragraph (a) (4) (vi).Notwithstanding this subparagraph, awholesale receiver may accept deliveryfrom a canner in excess of his quota inadvance of the canners permitted dre-livery date, as permitted in paragraph(b) (2), whenever the canner's permitteddelivery date is not earlier than April1, 1943. The restrictions of this para-graph (b) (4) shall expire on April 1,1943, unless extended by further orderof the Director General for Operations.

(5) Any canner ma, deliver not to ex-ceed 80% of his pack of apple juice, cran-berries, pumpkin, and squash, at anytime prior to April 1, 1943, notwithstand-ing the limitations of paragraph (b) (1),withou charge against his quotas forother restricted canned foods.

(6) No wholesale receiver may deliver

during the month of November, 1942, andduring each of the following months morerestricted canned foods of any group thanmonthly quotas constituting the follow-ing percentages of his base figure.

PercentFor group I ----------------------- 9For group ... ------- 10For group 1 -- -- ---- 10

The base figure shall be calculated as pre-scribed in paragraph (b) (4). If duringNovember, 1942 any wholesale receiverhas delivered restricted canned foods of

any group in excess of his permittedmonthly quota for that group, he shallcharge such excess against his quotas forDecember and January. Not less than

50% of such excess must be chargedagainst the December quota. Deliveries

to non-quota purchasers are not requiredto be charged against the monthly quotapercentages prescribed by this paragraph

(b) (6), if in calculating his quotas the

wholesale receiver deducts deliveries tonon-quota purchasers during the base

period from the base figure. The restric-tions of this paragraph (b) (6) shall ex-pire on April 1, 1943, unless extended byfurther order of the Director General forOperations.

(c) Reports. Canners to whom thisorder applies shall execute and file withthe War Production Board such reportsand questionnaires as said Board mayfrom time to time request.

(d) Records. Every person to whomthis order applies shall keep and pre-serve for notless than two years accurateand complete records concerning inven-tories, production and sales.

(e) Audit and inspection. All recordsrequired to be kept by this order shall,upon request, be submitted to audit andinspection by duly authorized represent-atives of the War Production Board.

(f) Violations. Any person who wl-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 acceptingfurther deliveries of or from processingor using material under priority controland may be deprived of priorities as-sistance.

(g) Appeals. Any person affected bythis order who considers that com-pliance herewith would work an excep-tional and unreasonable hardship uponhim may appeal in writing to the Direc-tor General for Operations setting forththe pertinent facts and the reasons heconsiders that he is entitled to relief.The Director General for Operationsmay thereupon take such action as bedeems appropriate.

Ch) Communications to War Produc-tion Board. All reports required to befiled hereunder and all communicationsconcerning this order, shall unless other-wise directed, be addressed to: War Pro-duction Board, Food Branch, Washing-ton, D. C., Ref: M-237.

(I) Appicability of inioritfes 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.

cP.D. Fog. 1, as amended, 6 FR. 6680;W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024; 7F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125,7F.R. 2719; sec. 2 (a), Pub. Law 671, 76thCong., as amended by Pub. Laws 89 and507,77th Cong.).

Issued this 23d day of November 1942.ERZsT MUMzM,


Group IFruits Paclng reacon

Apples, including crabapples ------- 1942-43Applesauce, including rauce fromcrabapples_................. 1942-43

Aprcot... 1942Berries of all kinds ------ 1942Cherries, red cour pitted. ...... 1942Cherries, sweet. ---------...... 1942

Group I--Continued

Fruits Pa-izg seaz=aCombnations of oranges and grape-

frut .... ___ 1942-43Cranberriez, ncluding Eauce and

Jelly - 1942-43F igs 1942Fruits for salad......1942-43Fruit cecktaiL ---- 1942-43Grapzrult . .1942-43Oranges .... 1942-43Peache3 Including nectarines .__ 1942Pears- .1942Pineapples....._ 1942-43Plm ... 1942

Prunes ------- 1942

Group II

Fruit and regetable lufcs Pacl.ing seazon

Apple .... - 1942-43Bcet -- .------- - 1942-43Carrot---- 1942-43Celery -- .---- -1942Chemry ........ 1942Cranberry - 1942-43B e r y , a l l . . . . . . -1 9 42 -

G ro pe .. . . .-.- 194ZGrapefruit- - --- 1942-43Grapefruit and orange combination- 1942-43Lemon. 1942-43-Lime .................--- 1.2-43

1942-43Pineapple -__ _ 142-43Prune .... .1942-43Saue~rrut _1942-43Splnac; 1942Tomato and tomato ccc .... 1942

=ixed e . 1942All fruit nectars - -------------- 1942

Group IIIVegetables Pac;.ingseason

Artichoes - ---- - 1942-43A_-paa- ------ ......-------- 1942Green and vax bean._. -1942Green coya beans9--- - 142Limabeaus ----------------- 1942Shell be"ans ...... 1942Beets ----- 1942-43BroccoIL... 1942Bruels zputs_ 1942

1942Carrots ------- ........--------- 1942-43Carrots and pe- .... 1942 -43Cauliflower 1942Celery - M1942Corn, including corn-on-cob ..... 1942Spinach and other green leafy vege-

-les - -----.-- 1942uz_..... .. ~..-~ 1942-43

O ---- 1942Onions -.-....- - --- 1942-43P -----.-.- .....-- .-.---------- 1942Peppers and pimentcs-........ 1942Potatoes, white ..... 1942-43Pumpkin and squash -........... 1942Succoth - ------------ ------ - 1942Sweetpotatces and yms........ 1942-43

auerkaut ................ 2--43Tomat ea, whole or par....... 1942Tomato puree and pulp...... 1942Tomato pa.te ....... 1942Tomato cuce................. 1942Mxed vegetables, ncluding vegeta-

bles for calad - 1942

[P.R. Dec.42-12291; Piled, November 23,1942;11:38 a. m.]

9709

9710 FEDER

Chapter XI-Oflce of Price AdministrationPART 1407-RATIoNInG OF FOOD AND FOOD

PRODUCTS[Ration Order 12]

COFFEE RATIONING REGULATIONSPreamble. Interruptions in o c e a n

communications and the use of availableshipping space to carry materials im-portant to the prosecution of the warhave resulted in a recent sharp decline incoffee Imports. The supply of coffee inthe United States, which depends virtu-ally in Its entirety upon ocean-goingtransportation, has, therefore, suffered tosuch an extent that, it is insufficient tosatisfy normal demands. In addition,the tremendois purchases and consump-tion of coffee by the armed forces has de-pleted the coffee supply that would nor-mally be available for civilian con-sumption.

Coffee has become an important drinkto practically the entire adult populationof this country. It is important, there-fore, to take steps to insure the orderlydistribution of coffee so that each personmay obtain his share of the coffee avail-able for distribution. The War Produc-tion Board has accordingly directed theOffice of Price Administration to rationcoffee. Ration Order No. 12 is issuedpursuant to that directive.

Because the supply of coffee is inade-quate to provide the entire' populationwith coffee In amounts sufficient to sat-isfy normal demands and because theyoungest members of the community are

- those who would suffer least from beingdeprived of coffee, no coffee ration is be-ing provided for children fourteen yearsold and younger. No one 'will be allowedto obtain coffee with the coffee stampscontained in such children's war rationbooks.

In order to allow retailers and whole-salers of coffee to build up their stocksof roasted coffee, coffee cannot be sold toconsumers during the period from No-vember 22, 1942, to November 28, 1942,inclusive. Certain stamps contained inWar Ration Bock One will be designatedas coffee stamps and will enable con-sumers, to acquire their coffee rations.Consumers will not, however, be allowedto buy green coffee even with coffeestamps.

In order to assure that dealers willhave available sufficient coffee to sat-isfy consumers' rations, provisions aremade for allowing retailers and whole-salers, working inventories which theywill be able to replenish through use ofthe same coffee stamps.

Roasters and persons dealing in greencoffee will be 'able .o buy green coffeewithout the use of coffee stamps orcertificates. -Roasters, however, musthave on hand stamps or certificatesequal in weight value to the coffeeroasted and sold by them.

Institutions will receive bimonthly al-lotment certificates at their local warprice and rationing boards.

To provide information necessary tothe proper administration and enforce-ment of this rationing program, all mem-bers of the trade are required to takean initial inventory, to keep certain rec-ords, and to make certain reports.

AL REGISTER, -Tuesday, November 24, 1942

Accordingly, pursuant to the authorityvested in the Administrator by ExecutiveOrder No. 9125, issued by the Presidenton April 7, 1942, and Directive No. 1 andSupplementary Directive No. 1-R1 ' of theWar Production Board, issued on Janu-ary 24 and November 20, 1942, respec-tively, It is hereby orderedThat:

-- SCOPE OF RATION ORDER NO. 12Sec.1407.951 Territorial limitation.

DEFINITIONS1407.952 Definitions.

JURISDICTION

1407.953 Jurisdiction of boards.

RESTRICTION OF TRANSFERS

1407.954 Restriction of transfers.1407.955 Transfers -to consumers between

November 22 and 28, 1942, pro-hibited.

1407.956 Transfer of roasted coffee must beaccompanied by surrender ofcoffee stamps or certificates.

1407.957 Transfer of coffee prohibited toindividuals less than 15 years old.

1407.958 Restriction on transfer of greencoffee.

1407959 Transfer of green coffee to con-sumers prohibited.

1407.960 Restriction on transfers of roastedcoffee by roasters.

1407-961 Restriction on transfers or acquisi-tions in excess of War ProductionBoard suspension orders.

CONSUZERS

1407.970 Individuals not possessing war ra-tion books.

1407.971 Consumers eating regularly at sameestablishment.

1407.972 Consumers handicapped by trans-portation dimculties.

1401.973 Army, Navy, Marine Corps, andCoast Guard personnel on fur-lough.

1407.974 Issuance of certificates by Army,- Navy, Marine Corps, or CoastGuard.

1407.975 Restriction on use of coffee stamps.

RETAILERS AND WHOLESALERS

1407.980 Allowable inventory of coffee.1407.981 Allowable inventory of certain

single-establishment, non-roast-ing retailers.

1407.982 Allowable inventory of retailers notincluded in § 1407.981 and whole-salers.

1407.983 Compounded coffee In allowableinventory computation.

1407.984 Initial inventory.1407.985 Excess inventory.1407.981 Issuance of purchase warrants.1407.987 Form of purchase warrants. ,1407.988 Transfers upon purchase warrants.1407.989 Replenishment of allowable inven-

tory.1407.990 Compounders of coffee; reports.1407.991 Transfer of coffee to certain exempt

persons.

INSTITUTIONAL USERS

1407.995 Registration.1407.996 Initial inventory.1407.997 Allowable Inventory of coffee for

institutional roasters.1407.998 Roasted coffee base.1407.999 Allotments.1407.1000 Allotment certificates.1407.1001 Amount for which allotment cer-

tiflcate is to be issued.1407.1002 Adjustments.

2Supra.

Sec.1407.1003 Restriction on uso.1407.1004 Establishments which wero not In

operation between September 1and November 21, 1042.

1407.1005 Definition of "meal."1407.1008 Late registration.1407.1007 Obtaining roasted coffee for feed-

Ing organized messes pursuantto written contract with theArmy, Navy, Marine Corps, or

' Coast Guard.1407.1008 Obtaining roasted coffee for troop

movements.

INDUsTRIAL USEnS

1407.1015 Restriction on use of coffco,1407.1016 Inventory.1407.1017 Industrial users--non-roaatrd.1407.1018 Restriction on transfer of soluble

and liquid extract coffee,

CERTIFICATES AND COF=E STAMPS

1407.1020t Nature and validity of certificatesand coffee stamps,

1407.1021 Surrender of certificates and cof-fee stamps.

1407.1022 Mail orders and similar tran0flo-tions.

1407.1023 War ration stamp Cards.1407.1024 Sale, gift, loan, or judicial seizure

of coffee stamps or certificatesprohibited.

1407.1025 Destroyed, autilated, or stolencoffee stamps or certificates.

1407.1026 Exchange of certificates.1407.1027 Transfers not to be made upon

invalid coffee stamps, certill-cates, or purchase warrants,

1407.1028 Notification to the Office of PriceAdministratior of legal pro-ceedings.

1407.1029 Authorization of transfer againstcoffee stamps, certificates, orpurchase warrants Is authorla-tion of acquisition, and viceversa.'

1407.1030 Prohibition of transfer oxcepbagainst coffee stamps, certifi-cates, or purchase warrants Isprohibition of acquisition, andvice versa.

1407.1031 Prohibited acts with respect tocoffee stamps and certificates.

TRANS=E AND ACQUISITON OF GaXE14 COFFE

1407.1040 Initial inventory.1407.1041 Transfer and acquisition of green

coffee.1407.1042 Retention of coffee stamps and

certificates by roasters.

TRANSFERS PERMITTED WITHOUT TUE SURI4ENDEROr COFFEE STAMIPS, CERTIFICATES, On PURCMASrWARRANTS AND IRRESPECTIVE OF RESTRICTIONSON THE ACQUISITION Or GREEN COFFEI

1407.1045 Transfer of green coffee.1407.1046 Loans and gifts of roasted coffee.1407.1047 Coffee Included In Initial inven-

tory.1407.1048 Exchanges,1407.1049 Transfefs to exempt persons,1407.1050 Transfers between establishments

owned by same person.1407.1051 Green coffee transferred for roast-

ng. -1407.1052 Transfer of coffee for carriage.1407.1053 Transfer of coffee for storage.1407.1054 Voluntary or involuntary transfer

of establishment.1407.1055 Liquidation of establishments.1407.1056 Disposal of damaged coffee and

undamaged coffee mingledtherewith, or coffee in a pack-age, bag, or other containerdamaged -whlo in transit bycommon carrier.

FEDERAL REGISTER, Tuesday, Norember 21, 1912

Sec.1407.1057 Replacement of damaged, de-

stroyed, lost or stolen coffee orcoffee in a package, bag, or othercontainer damaged while Intransit.

1407.1058 Recovery of lost or stolen coffee.1407-1059 Surrendering certificates to theboard for cancellation.

1407.1060 Acquisition of coffee by Judicialprocess, by operation of law andfor security and similar pur-poses; enforcement.

1407.1061 Disposal of roasted coffee acquiredwithout coffee stamps or certif-icates.

1407-1062 Obtaining certificates to replaceroasted coffee acquired pursu-ant to § 14071060.

PEumoNs N nR sADrUsZ ; NEW BUM1407.1065 Petitions for adjustment of base,

allotment, or allowable inven-tory.

1407-1066 New establlshments.MEFORTS AN DRECORDS

140710681407.10691407.1070

1407.1071

1407.107214071073

1407.10751407.1076140710771407.10781407-107914071080

1407.10811407.1082

1407-10831407.1084

In general.By retailers and wholesalers.By institutional and industrial

users.By persons transferring or acquir-

ing green coffee.1iscellaneous records.Disclosure of information.

ZSE nOusAdministration.Powers and duties.Imports of roasted coffee.Weight computation formulae.Appeals.Persons authorized to sign re-

ports, forms, purchase warrants.Communications.Duties, rights, obligations of es-

tablLshments and registeringunits.

Additional prohibitions.Acquisition and transfer of

roasted coffee "by Army, Navy,Marine Corps, and Coast Guardpost exchanges, commissaries,ships' service stores, and men'sand oflicers' clubs.

aNRw CrM

4071085 Removal of coffee stamps from warration books of individuals un-der 15 years old.

14071086 Criminal prosecutions.14071087 Suspension orders.14071088 Report of violations.

FFEC15IVE D=.5

1407.1090 Effective date of Ration Order No.12.

1407.1091 Designation of ration periods andc' coffee stamps valid therein.

1407.1092 Allotment percentage for "insti-tutional users.

AvzroRr: -H 1407.951 to 1407-1092, Inclu-sive, issued pursuant to Pub.'Law 671, 76thCongress, as amended by Pub. laws 89, 507,421, and 729, 77th Congress; W-P.B. Dir. N o.1, Supp. Dir. No. 1-R, 7F.R. 562, eupra.

SCOPE OF RATION ORDER NO. 12

§ 1407.951 Territorial limitation. Ra-tion Order No. 12 shall apply within the48 States of the 'United States and withinthe District of Columbia.

DEFINITIONS

§ 1407.952 Deflnitions. 'When used inRation Order No. 12 the term:

No. 230----9

(a) "Acquire" means to accept L trans-fer or otherwise obtain poz esson of,title to, or any interest in coffee.

(b) "Beverage,' unlems otherwlse In-dicated by the contest, means the drinkcommonly known as "coffee."(c) '"oard" means a war price and

rationing board or, if the context so in-dicates, the specific war price and ration-Ing board having jurisdictlon over specificpersons or establishments.

(d) "Certificate" means a coffee pur-chase certificate. A coffee purchase cer-tificate shall consist of O.P.A. FormR-306 with the word "Isugar"'-strichenwherever it appears thereon, v1th thewords "coffee in the amount of" insertedon the line in such form provided for in-sertion of amount, and with the words"Rationing Order No. 3 (Sugar)" strickenfrom the following line.

(e) "Coffee" means green or roastedcoffee, packaged or unpacIaged, bean orground, and includes any substitute orsubstance, including but not limited tochicory, cereal, peas, or beans whenmixed, blended, or compounded with cof-fee. Wher modified by the word "green"or "roasted," the term "coffee" shall de-note., only the kind of coffee indicated."Coffee" does not include soluble or liquidextract coffee or similar products pro-cessed or manufactured n whole or Inpart from coffee but does include coffeefrom which all or part of the caffeine hasbeen removed.

(f) "Coffee stamps" means stampsnumbered 20 to 28. inclusive.(g) "Compounder" means a perzon,

other than a consumer, a registeringunit, or an industrial user, who mixes orblends coffee with any substitute or sub-stance including but not limited tochicory, cereal, peas, or beans for thepurpose of transfer.(h) "Consumer" means any individual

acquiring or seeking to acquire coffee forpersonal use, who has obtained a warration book pursuant to RationingOrder No. 3 or Ration Order No. 12, andwhose age, as entered in said war rationbook, is 15 years or over.

(I) "Establishment" means the busi-ness or operation subject to RationOrder No. 12, conducted at or from aparticular location. Each shipping pointfrom which one or more car, wagon, orother house-to-house routes originate

-shall be deemed a separate establish-ment.

Qi) 'Tamily unit" means a group oftwo or more individuals, consisting of allpersons customarily living together inthe same household (including personstemporarily absent therefrom) who arerelated by blood, marriage, or adoption,

(k) "Industria establishment" meansan establishment which uses coffee inthe production, manufacture, or process-ing of soluble coffee or any product otherthan coffee. It does not include anestablishment which only blends, mixes,or compounds coffee with rubstitutes orsubstances including but not llmltel tochicory, cereal, beans, or peas, or whichbrews coffee to make beverage. A per-son owning an industrial establishmentis, with respect to the ownership and

operation of such establishment, an in-dustrial user.

(1) "Inst tutional es tab lish ment"means an establishment which usesroasted coffee In the preparation of abeverage.

(m) "Person" means any individual,corporation, partnership, association, orbusine trust, and includes the UnitedStates or any agency thereof, and anyState or any political subdivision oragency thereof, and any other govern-ment or agency thereof.

(n) 'Purchase warrant" means astatement prepared and signed by a re-tailer or wholesaler for the purpose ofacquiring roasted coffee and certifyingto the authority of the retailer or whole-saler to acquire, under Ration OrderNo. 12, roasted coffee in the amountstated thereon.

(o) "Ration period" means the perioddesignated by the Office of PTice Admin-istration during which a coffee stampshall be valid for use by a consumer.

(p) "Registering uni" means the in-stitutional establishment or group of in-stitutional establishments selected by theowner thereof to be treated as a singleunit for the purposes of Ration OrderNo. 12 and which is so registered by him.A person ownirg a registering unit is,with respect to Se ownership and opera-tion thereof, an institutional user.

(q) "Retail establishment" means anestablishment engaged In a business in-volving the transfer of roasted coffeewhich makes at least 50 per cent of itstransfers of all merchandise to conum-ers. A percon owning one or more re-tail establishments is, with respect to theownership and operation thereof, a re-tailer.

(r) "Roaster" means a person whoroasts green coffee owned by him or hasgreen coffee supplied by him roasted forhis account on a fee or similar baisby some other person. Whenever in Ra-tion Order No. 12 reference is made togreen coffee roasted by a person it shallincludezreen coffee supplied by such per-son but roasted for his account on a feeor similar basis by some other personand shall not be included by such otherperson as green coffee roasted by him.

(s) "Stamp" means a war rationstamporiginally contained in a war ration book.

Wt "Transfer" means sell, lease, lend,trade, give, ship, deliver, or transfer, inany way, the ownership or possession ofcoffee or any interest therein from oneestablishment or person to another es-tablishment or person. It includes di-verting to consumer use coffee held forsale or transfer whether or not a changein ownership or possession results.

(u) "War ration beo" means WarRation Book One (O.P.A. Form R-S02).

(v) 'Weight value" means the amountof coffee authorized to be transferred bya certificate, coffee stamp, or purchasewarrant.

(w) "Wholesale establishment" meansan establishment engaged in a busnessinvolving the transfer of roasted coffeewhich makes over 50 percent of its trans-fers of all merchandise to other estab-lishments or to persons other than con-

9711

9712 FEDER

sumers. A person owning one or morewholesale establishments is, with respectto th6' ownership and operation thereof,a wholesaler.

JURISDICTION

§ 1407.953 Jurisdiction of b o a r d s.For the purposes of Ration Order No. 12each board shall have jurisdiction overeach consumer and registering unit reg-istered with it, and over, each retailer,wholesaler, and industrial user whoseprincipal business office is located withinthe area assigned to the board.

RESTRICTION OP TRANSFERS

§ 1407.954 Restriction of transfers.Notwithstanding the terms of any con-tract, agreement, or commitment, re-gardless of when made, no person shallon or after November 22, 1942, transferor acquire coffee except in accordancewith Ration Order No. 12.

§ 1407.955 Transfers to consumers be-tween November 22 and 28, 1942, pro-hibited. From November 22, 1942, toNovember 28, 1942, inclusive, no personshall transfer coffee to a consumer.

§ 1407.956 Transfer of roasted coffeemust be accompanied by surrendfer ofcoffee stamps or certificates. Except asotherwise provided in Ration Order No.12, a transfer of roasted coffee shall bemade only upon surrender of appropriatecoffee stamps or certificates authorizing:such transfer.

§ 1407.957 Transfer of coffee prohib-ited to individuals less than 15 years old.No person shall transfer coffee against oracquire coffee with a coffee stamp in orfrom the war ration book of an individ-ual whose age, as entered in said war ra-tion book, is less than 15 years.

§ 1407.958 Restriction on transfer ofgreen coffee. Except as otherwise pro-vided In Ration Order No. 12, no personshall, on or after November 22, 1942,transfer green coffee to any other personunless such other person is a roaster oris and was prior to November 22, 1942,engaged in a business or operation in-volving dealing in green coffee.

§ 1407.959 Transfer of green coffee toconsumers prohibited. Notwithstandinganything contained in Ration Order No.12, no person shall on or after November22, 1942, transfer green coffee to a con-sumer.

§ 1407.960 Restriction on transfers ofroasted coffee by roasters. (a) Noroaster shall, during January 1943 orduring any month thereafter, trnsfermore roasted coffee roasted by him than75 per cent of the amount of such roastedcoffee transferred by him during the cor-responding month of 1941.

(b) In computing, for the purposes ofparagraph (a) of this section; theamount of roasted coffee transferred, theweight of substitutes or substances, in-cluding but,not limited to chicory, cereal,beans, or peas, mixed, compounded, orblended with such roasted coffee by thetransferor, shall be-deducted from theweight of such roasted coffee.

AL REGISTER, Tuesday, November 24, 1942/

§ 1407.961 Restriction on transfers oracquisitions in excess of War ProductionBoard suspension orders. No personagainst whom the War Production Boardhas issued o_ issues any suspension orsimilar order limiting the amount of cof-fee such person may acquire or transfershall, on or after November 22, 1942,acquire or transfer any coffee in excessof the amount permitted by such order.

CONSUMES

§ 1407.970 Individuals not possessingWar Ration Books. (a) Any individualwho registered as a consumer pursuantto Rationing Order No. 3, who was 15years old or older at the time of suchregistration, and who eithpr (1) did notobtain a war ration book by virtue of theprovisions of Rationing Order No. 3 or(2) surrendered his war ration bookthereafter to the board pursuant to Ra-tioning Order No. 3, may, upon applyingtherefor- to the board on or before De-cember 15, 1942, receive a war rationbook containing stamps Nos. 17 to 28, In-clusive, together with any other stampsto which such individual may be entitledpursuant to Rationing Order No. 3: Pro-vided, however, That coffee stamps forany ration periods which have expiredshall be detached from such war rationbook.

(b) Any individual 15 years old orolder who has not registered and appliedfor a war rAtion book in accordance withRationing Order No. 3 and who Is en-.titled to register pursuant to § 1407.68of Rationing Order No. 3 may registerpursuant thereto and apply for a warration book. The board shall issue a warration book to ,such an individual con-taining stamps Nos. 17 to 28, Inclusive,together with any other stamps to whichhe may be entitled pursuant to RationingOrder No. 3: Provided, That coffee stampsfor any ration periods wh'ch have ex-pired shall be detached from such warration book.

() A consumer whose war ration bookdoes not contain stamps other thanstamps Nos. 17 to 28, and who under theprovisions of Rationing Order No. 3 sub-sequently becomes entitled to any stampsnumbered 16 or less may exchange hiswar ration book at the board for a newwar ration book. Before issuing thenew wdr ration book, the board shall de-tach all stamps required to be detached byRationing Order No. 3, the coffee stampsfor any ration periods which have ex-pired, and the coffee stamps correspond-ing to any coffee stamp which had beenremoved from the surrendereC war rationbook.

§ 1407.971 Consumers eating regularlyat same establishment. (a) A consumerwho has arranged or arranges to eat 14 ormore meals per week in an establishmentregistered as an institutional user shall,if he has not already done so pursuant toRttioning Order No. 3, surrender his warration book to the owner or manager ofthe establishment at or before the timehe eats the first of such meals. Theowner or manager of the establishmentwith which such arrangement is made

shall secure the surrender of the warration book at such time. The warration book shall be returned to the con-sumer when he ceases to eat 14 or moremeals p~r week at the establishment. Atthe time of the return the owner or man-ager shall detach and destroy the coffeestamps for the ration periods that expired while such arrangement existed.

(b) Consumption by a consumer of 14or more meals in any seven successivedays at the same institutional establish-ment shall establish prima facie thatsuch meals were consumed pursuant toarrangement between the consumer andsuch establishment.

(c) Notwithstanding the provisions ofthis section, the war ration book shall bereturned to the consumer temporarilyfor use in purchasing any product otherthan a food product for which a stampmay have been designated as valid bythe Office of Price Administration.

§ 1407.972 Consumers handicapped bytransportation difficulties. A consumert whom a war ration book has beenissued and who, because of transporta-tion difficulties, finds It a hardship toacquire roasted coffee at the times spec-ified in § 1407.1091, may apply to theboard for a certificate having a weightvalue not in excess of five pounds. Theapplication shall be made to the boardby the consumer personally, by an au-thorized agent, or by any other personauthorized by Rationing Order No. 3 toregister for him. The board, in its dis-cretion, may grant the application inwhole or in part. Before Issuing a cer-tificate in such a case, the board shalldetach from the war ration book of theconsumer coffee stamps having a weightvalue equal to the amount for which thecertificate Is issued.

§ 1407.973 Army, Navy, Marine Corps,and Coast Guard personnel on furlough.A member of the Army, Navy, MarineCorps, or Coast Guard who Is on fur-lough for at least seven days, may applyto a board for a certificate for one poundof coffee. Not more than one such cer-tificate may be issued to the same personin any ration period. When issuing sucha certificate, the board shall enter on theleave papers Its designation, a statementthat it has Issued a certificate, and thedate of Issuance.

§ 1407.974 Issuance of certificates byArmy, Navy, Marine Corps, or CoastGuard. Whenever the Army, Navy,Marine Corps or Coast Guard shall re-quire roasted coffee from any person, anofficer authorized by the Army, Navy,Marine Corps, or Coast Guard shall issuea certificate in such weight value as maybe required.

§ 1407.975 Restriction on use of coffeestamps. (a) A consumer who on Novem-ber 28, 1942, owns or possesses more thanone pound of coffee shall retain In hispossession one coffee stamp for eachpound of coffee he owns or possesses Inexcess of one pound. The consumer shallsurrender such coffee stamps to the Boardwhen so ordered by the Office of PriceAdministration.


(b) For the purposes of this section, aconsumer shall be considered as owningand possessing his per capita share ofthe coffee owned or possessed by the fam-ily unit of which he is a member or byany member thereof. In determiningthe per capita share of a consumer whois a member of a family unit, shares shallnot be computed for members of suchfamily unit whose ages, as entered intheir war ration books, are below 15years..

RETAILERS AND WHOLESALERS

§ 1407.980 Allowable inventory of cof-fee. Every retailer and wholesaler ispermitted a working inventory of coffeewhich shall be known as his allowableinventory.

§ 1407.981 Allowable inventory of cer-tain ,single-establishment, non-roastingretailers. (a) The allowable inventoryof a person owning one retail establish-ment only, not engaged in roasting cof-fee, which commenced operations on orbefore September 1, 1942, and whichtransferred during September 1942 lessthan 2,000 pounds of roasted coffee, shallbe one pound of roasted coffee for eachten dollars, or fraction thereof, of grosssales of all meats, groceries, fruits, vege-tables, and similar products made fromsuch establishment during September1942. The gross sales of a person owningone xetail establishment only, not en-gaged in roasting coffee, which com-menced operations after September 1,.1942, shall be computed by multiplyingby 26 its average daily gross sales ofmeats, groceries, fruits, vegetables, andsimilar products between September 2and November 22,1942, and the allowableinventory of such person shall be onepound of roasted coffee for each ten dol-Tars, or fraction thereof, of gross sales so-computed. If such establishment is oneof two 'or more departments locatedtvithin one building and holding them-selves out to the public as a single opera-tion, such gross sales may include thesales made by all such departments re-gardless of their ownership.

(b) For the purposes of this section,average daily gross sales shall be deter-mined by dividing the total gross salesmade from the establishment by thenumber of days on which said establish-ment was open for business during theperiod for which the average daily grosssales are being determined.

§ 1407.982 Allowable inventory of re-tailers not included in § 1407.981 andwholesalers. (a) The allowable inven-tory of a person owning a single retailestablishment notreferred to in § 1407.981or two or more retail establishments orone or more wholesale establishments,all of which commenced operations on orbefore September 1, 1942, shall be anambunt equal to the sum of (1) theamount of roasted coffee, acquired bysuch owner as roasted coffee, and trans-ferred during September 1942 by suchowner to another person; and (2) threetimes the amount of roasted coffee roast-ed by said owner, transferred during Sep-tember 1942 to another'person.

(b) The allowable inventory of a per-son owning a single retail establishmentnot referred to in § 1407.931 or two ormore retail establishments or one or morewholesale establishments, none of whichwas in operation on or before Septem-ber 1, 1942, shall be computed by deter-mining for each such establishment thesum of (1) the average daily quantity ofroasted coffee, acquired by the owner ofsuch establishment as roasted coffee, andtransferred by such establishment, dur-ing the period between September 2 andNovember 22, 1942, to any person otherthan the owner of the establishment, and(2) three times the average daily quan-tity of roasted coffee, roasted by the own-er of the establishment, transferred bysuch establishment, during the periodbetween September 2 and November 22,1942, to any person other than the ownerof the establishment; by adding suchsums for all the establishments owned bysaid person; and by multiplying the fig-ure thus obtained by 26. For the pur-poses of this section, average daily quan-tities shall be determined by dividing theamount of roasted coffee transferred byan establishment during the period be-tween September 2 and November 22,1942, by the number of days on whichsaid establishment was open for businessduring said period.

(c) A person owning two or more re-tail establishments or two or more whole-sale establishments, some, but not all, ofwhich commenced operations on or be-fore September 1, 1942, shall computehis allowable inventory by treating, forthe purpose of this Section only, those es-tablishments which commenced opera-tion on or before September 1, 1942, asif they were owned by one person and allother establishments as if they wereowned by another person and by addingthe two results thus obtained.

(d) A person owning retad and whole-sale establishments shall compute hisallowable inventory by treating, for thepurposes of paragraphs (a), (b), and (c)of this section, all his retail establish-ments as If they were owned by one per-son and all his wholesale establishmentsas if they were owned by another personand by adding the two results thus ob-tained.

§ 1407.983 Compoundcd coffee i al-lowable inventoryl computation. In com-puting, for the purposes of §§ 1407.931and 1407.982, the amount of roasted cof-fee transferred, the weight of any sub-stitutes or substances, including but notlimited to chicory, cereal, pea, or beans,compounded, mixed, or blended withsuch coffee by the transferor shall bededucted from the weight of such roastedcoffee.

§ 1407.984 Initial inventory. (a) Theinitial inventory of a retailer or whole-saler shall include all green and roastedcoffee located within the continentalUnited States (the 48 States of theUnited States and the District of Colum-bia) to which, at midnight, November21, 1942, he has title or holds documentsof .title. He shall be deemed to have

title to coffee: (1) In transit or storedfor delivery to him and out of the pos-session of the vendor prior to Novembar22,1942; (2) held by him on consignmentor on any similar basis; (3) mortgaged,pledged, or otherwise used by him as se-curity in a credit transaction; or (4) inthe poszson of his vendor if such coffeehas been paid for and physically segre-gated and earmarked by'the vendor fordelivery to him.

(b) Ir computing his Initial inventory,the retailer or wholesaler shall deductfrom the weight of the coffee includedin such Inventory the weight of any sub-stitutes or substances, including but notlimited to chicory, cereal, peas, or beans,blended, compounded, or mixed by saidretailer or wholesaler with said coffee.

§ 1407.9a5 Excess inventory. Theamount of coffee by which the initialinventory of a retailer or wholesaler ex-ceeds the allowable inventory, shall beknown as the "excess inventory". A re-tailer or wholesaler who has an excessinventory of coffee shall, before he mayacquire any coffee upon, the surrenderof coffee stamps or certificates, sur-render to the board for cancellation cof-fee stamps or certificates in weight valueequal to the amount of his excess in-ventory: Provided, howeer, That suchretailer or wholesaler may, before sur-rendering such coffee stamps or certifl-cate3 to the board for cancellation, ac-quire roasted coffee through the issuanceof purchase warrants pursuant to§§ 1407.936 to 1407.988, inclusive. In noevent shall a retailer or wholesaler ac-quire any coffee after January 31, 1943,unless he has surrendered to the boardfor cancellation coffee stamps or certifi-cate3 in weight value equal to theamount of his excess inventory. '

§ 1407.986 Issuance of purchase 7tar-rants. Between November 22, I_2, andDecember-5, 1942, inclusive, a retailer orwholesaler may, in order to acquireroasted coffee, issue purchose warrantsin an aggregate weight value not in ex-cess of any amount by which his allow-able inventory exceeds his initial inven-tory of coffee.

§ 1407.987 Form of purchase war-rants. Purchase warrants shall be inthe following form:

Purchxae warrant kaued to-.........Name of Suppliar

I hereby certify to the OffMce of Price Ad-minitratlon that I am authorized., pursuantto the provLionz of Ration Order No. 12(Coffee Ratloning Regulations) to acquire

pounds of coffee.

Corporation or firm nam3By

AddressDate: -, 1942.§1407.98 Transfers upon purchtase

warrants. (a) Any retailer or whole-saler who, on or before December 12,1942, receives a purchase warrant fromany person authorized to issue such pur-chase warrant Is authorized to transferroasted coffee to such person in an

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amount equal to the weight value of thepurchase warrant.

(b) A person receiving purchase war-rants and transferring roasted coffeepursuant thereto may himself on or be-fore December 12, 1942, in addition topurchase warrants issued by him pursu-ant to § 1407.986, issue purchase warrantshaving a weight value equal to theamount of roasted coffee transferred byhim pursuant to purchase warrants re-ceived by him, for the purpose of obtain-ing from his suppliers roasted coffee toreplace the roasted coffee thus trans-ferred by him.

(c) After December 26, 1942, no personshall transfer roasted coffee on the att-thority of a purchase warrant.

(d) Every person receiving purchasewarrants shall maintain a file thereof athis principal business office for deliveryto the Office of Price Administrationupon demand therefor. Such file shallbe maintained in alphabetical order ac-cording to the names of the persons fromwhom the purchase warrants were re-ceived.

§ 1407.989 Replenishment of allowableinventory. Except as otherwise providedIn Ration Order No. 12, on and afterNovember 22, 1942, the allowable inven-tory of a retailer or wholesaler may bereplenished with roasted coffee only uponthe surrender by such person of coffeestamps or certificates.

§ 1407.990 Compounders of coffee; re-ports. (a) On and after November 22,1942, no person, other than a consumeror an institutional user, shall blend,compound, or mix coffee with substitutesor substances, including but not limitedto chicory, cereal, peas, or beans, unlesshe shall first notify the Office of PriceAdministration, Washington, D. C., of hisintention to engage in such practice.

(b) ,Every compounder shall maintainrecords showing the amounts of Substi-

o tutes or substances, including but notlimited to chicory, cereal, peas, or beans,blended, compounded, or mixed by himwith coffee transferred by him duringeach month and, beginning in January1943, shall, between the first and fifthdays of each month, surrender to the Of-flee of Price Administration, Washing-ton, D. C., coffee stamps or certificates inweight value equal to the weight of thesubstitutes or other substances blended,compounded, or mixed by him with thecoffee transferred by him during the pre-ceding month. Such persob shall, at thesame time, send to the Office of PriceAdministration, Washington, D. C., a re-port stating (1) the amount of substi-tutes and substances, including but notlimited to chicory, cereal, peas, or beans,blended, compounded, or mixed by himwith coffee transferred during the pre-ceding month and (2) the total weightof such coffee (including the weight ofthe substitutes and substances referredto in (1)) transferred during the pre-ceding month. The report made in Jan-uary 1943 shall include the required in-formation for the period from November22 to December 31, 1942.

§ 1407.991 Transfer of coffee to cer-tain exempt persons. (a) Any person

who requires roasted coffee for the pur-pose of transfer to any person specifiedin paragraph (c) (1) or (c) (2) of thissection pursuant to a written contractwith such person - _ay apply in writingto the board for certificates authorizingthe acquisition of the quantity of roastedcoffee so required. Such applicationshall include or be accompanied by astatement of the date of contract, thenumber or other designation of the con-trd ct, and the quantity of roasted coffeerequired in order to perform the contract.Such roasted coffee shall be used onlyfor the purpose of performing the con-tract.

(b) Any retailer or wholesaler who onor after NoV'ember 22, 1942, transfersroasted coffee to any of the persons andfor the purposes specified in paragraph(c) of this section, without receiving cof-fee stamps or certificates therefor, may, ifhe has not obtained a certificate with re-spect thereto pursuant to paragraph (a)of this section, apply in writing to theboard for certificates authorizing the ac-quisition of an equivalent amount ofroasted coffee.

(e) The persons and purposes in-cluded within the provisions of this sec-tion are the following:

(1) Any agency of the United States orforeign government for export to any for-eign country.

(2) The United States Maritime Com-mission and the War Shipping Admin-istration.

(3) Any person for transfer to anyterritory or possession of the UnitedStates other than the District of Colum-bia.

(4) Any person operating an ocean-going vessel engaged in the transporta-tion of cargo or passengers in foreign,coastwise, or intercoastal trade, as ships'stores for consumption aboard such ves-sel.

(d) Application for a certificate pur-suant to paragraph (b) of this sectionshall include qr be accompanied by:

(1) In the case of a transfer to a per-son specified in paragraph (c) (1) or(c) (2) of this section, a certificationsigned by such person or his authorizedagent or employee setting forth the nameand address of the person, the name andaddress of the transferor, the date oftransfer, and the quantity of roasted cof-fee transferred.

(2) In the case of a transfer to a per-son specified in paragraph (c) (3) of thissection, a copy of the bill of lading underwhich the roasted coffee was shipped or ashipper's export declaration bearing anotation of an authorized customs offi-cial to the effect that to the best of hisknowledge and belief the amount ofroasted coffee therein stated has beenexported by such person.

(3) In the case of a transfer to a per-son specified in paragraph (c) (4) of thissection, a statement signed by the Col-lector of Customs or his deputy, certify-ing that such roasted coffee was deliveredas ships' stores.

(e) The certifications and statementswhich are referred to in paragraph <d)"of this section may be In any convenient

form and do not require verification oracknowledgment.

INSTITUTIONAL USERS§ 1407.995 Registration. (a) Every

person owning one or more Institutionalestablishments shall on November 23, 24,or 25, 1942, or on such other date ordates as the Office of Price Administra-tion may designate, register all such In-stitutional establishments at the boardas one or more registering units. Eachsuch registering unit shall consist of theInstitutional establishment or establish-ments Selected by the owner thereof tobe treated as such single unit: Provided,however, That institutional establish-nients registered on November 22, 1942,pursuant to Rationing Order No. 3 shallbe registered in Identical registeringunits under Ration Oder No. 12,

(b) The registration of institutionalestablishments registered under Ration-ing Order No. 3 shall be made on thereverse side of the 0. P. A. Form R--310filed for such Institutional establish-ments in connection with their registra-tion under Rationing Order No. 3. Theregistration of institutional establish-ments not registered under RationingOrder No. 3 shall be'made on 0. P. A.Form R-310, but only items numberedone to six, inclusive, on the front of suchform shall be completed.

(c) If the registering unit Is composedof more tlhan one institutional establish-ment there shall be attached to the regis-tration form a list of the Institutional es-tablishments, included, with the addressof each, unless such registering unit Isidentical with the registering unit regis-tered under Rationing Order No. 3; Pro-vided, however, That a registering unitcomposed of Institutional establishmentslocated on mobile conveyapces, includingvessels and airplanes, need not list suchmobile conveyances.

(d) The registering unit shall statethe following Information on the regiS-tration form or, at the option of the reg-istering unit, on a separate sheet of paperto be attached thereto and containing thename and address of the owner of theregistering unit and the designation andaddress of the principal business office ofthe registering unit: (1) the amount ofits initial Inventory of coflee: (2) theamount of roasted coffee used by it Inthe preparation of beverages during theperiod from September 1, 1942, to Octo-ber 31, 1942, inclusive; (3) in the case ofa registering unit whose coffee base isdetermined pursuant to §§ 1407.998 (b)or 1407.99F (c), the computation of suchbase; (4) the names and addresses ofthe persons from whom coffee was ac-quired between September 1 and October31, 1942, Inclusive, and the amount ofeach such acquisition; and (5) If theregistering unit roasts green coffee usedby it in the preparation of beverages, theamount of such roasted coffee used by Itduring the month of October 1942.

(e) In computing the amount of roast-ed coffee used by a registering unit inthe preparation of beverages, the weightof any substitutes or substances, Includ-ing but not limited to chicory, cereal,

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peas, or beans, mixed, compounded, orblended by the registering unit withroasted coffee so used, shall be deductedfrom the weight of such roasted coffee.

(f The-person registering in behalf ofthe registering unit shall execute the fol-lowing certificate on the registrationform or on the separate sheet of paperfiled pursuant to paragraph d) of thissection:

I hereby certify and represent to the Officeof Price- Administration that the statementsmade above, with respect to coffee, axe true.

§1407.996 Initial inventory. (a)The initial inventory of a registeringunit, to be reported pursuant to § 1407.995(d), shall include all coffee located with-in the continental United States (the 48States of the United States and the Dis-rict of Columbia) at midnight, November21, 1942, in the. possession of the regis-tering unit and to which the owner ofthe registering unit has title. Such own-er-shall be deemed to have title to cof-fee: (1) in transit or stored for deliveryto him and out of the possession of thevendor prior to November 22, 1942;- (2)mortgaged, pledged, or otherwise used byhim as security in a credit transaction;or 3) in the possession of his vendor ifsuch coffee has been paid for and physi-cally segregated and earmarked by hisvendor for delivery to him.

(b) Every person who owns one ormore registering units and who holdsdocuments of title, or, pursuant to para-graph (a) of this section, is deemed tohave title to any coffee not in the pos-session of any such registering unit, shallinclude such coffee in the initial inven-tories of such registering units, allocatingsuch coffee among the registering units-as he elects.

Cc) In computing the initial inventoryof a registering unit there shall be de-ducted from the weight of the coffee in-cluded in such inventory the weight ofany substitutes or substances, includingbut not limited to chicory, cereal, peas,or beans, compounded, blended, or mixedby such registering unit with said coffee.

§ 1407.997 Allowable inventory of cof-fee for institutional roasters. (a) A reg-istering unit .which roasts green coffeeused byit-in the preparation of beveragesis permitted a working inventory of cof-fee which shall be known as its allowableinventory.

b) The allowable inventory of siicha registering unit shall be equal to threetimes the amount of roasted coffee,roasted by the registering unit and usedby it in the preparation of beverages inSeptember 1942. In computing the al-lowableinventory there shall be deductedfrom the weight of the coffee includedin such inventory the weight of any sub-stitutes or substances, including but notlimited to chicory, cereal, peas, or beans,compounded, blended, or mtxed by suchregistering unit with said coffee.

§ 1407.998 Roasted coffee base. (a)The roasted coffee base for a registeringunit of which all the component estab-lishments were in operation during theentire period from September 1, 1942, toOctober 31, 1942, inclusive, shall be the

amount of roasted coffee used by theregistering unit in the preparation ofbeverages during the period from Sep-tember 1, 1942, to October 31, 1942, in-clusive.

(b) The roasted coffee base for a reals-tering unit composed of establishmentsnone of which was in operation duringthe entire period from September 1,1942,to October 31, 1942, inclusive, but all ofwhich were in operation for part of suchperiod or during all or part of the periodfrom November 1, 1942, to November 21,1942, Inclusive, shall be computed by (1)determining for each such establishmentthe average daily amount of roasted cof-fee used by the establishment in thepreparation of beverages during the pe-riod in which sich establishment was inoperation; (2) multiplying the averagedaily usage for each such establishmentby the number of days said establishmentwould have been open for business duringSeptember and October 1942 if It hadbeen in business during the entire pe-riod; and (3) adding such amounts forall the establishments in the registeringunit. For the purposes of this section,average daily usage shall be determinedby dividing the amount of roasted coffeeused by an establishiment In the prepara-tion of beverages during the period inwhich such establishment was in opera-tion by the number of days that saidestablishment was open for businezs dur-ing said period.

(c) A registering unit composed of es-tablishments some, but not all, of whichwere in operation during the entire pe-riod from September 1, 1942, to October31, 1942, inclusive, shall compute itsroasted coffee base, for those establish-ments which were in operation duringthe entire period from September 1,1942,to October 31, 1942, inclusive, in accord-ance with paragraph (a) of this section,and, for those establishments which werenot so in operation, in accordance withparagraph (b) of this section and shalladd the two results thus obtained.

Cd) In computing, for the purpose ofthis section, the amount of roasted coffeeused by the registering unit In the prepa-ration of beverages, the weight of anysubstitutes or substances, including butnot limited to chicory, cereal, peas, orbeans;mixed, blended, or compounded bythe registering unit with such roastedcoffee so used by the registering unit,shall be deducted from the weight of suchcoffee.

(e) There shall not be included in thecomputation of the roasted coffee baseof any registering unit any coffee uedfor service by it of beverages to Army,Navy, Marine Corps, or Coast Guard per-sonnel messed separately under an off1-cer's command.

§ 1407.999 Allotments. (a) A regis-tering unit which has establihed aroasted coffee base shall receive, as pro-vided In Ration Order No. 12, an amountof roasted coffee which is known as anallotment.

(b) The amount of the allotment foreach period shall be the applicable per-centage, specified in § 1407.1092, of the

roasted coffee base of the rezisteringunit.§ 1407.1000 Allotment certifieates-

(a) APPlication. Application for allot-ment certificates shall be made by a reg-Istering unit for each period, as providedinthissection. The firstpericdforwhichallotment certificates may be grantedshall be the period from the date of reg-istration to January 31, 1943, inclusive,and application therefor shall be made atthe time of registration. All subsequentapplications for allotment certificatesshall be for consecutive two-month pe-riods, the first of which shall commenceon February 1, 1943. Applications shallbe made not later than the fifth day ofthe first month of the period for whichthe application Is being made and notearlier than the 15th day of the monthpreceding the period. The board, in itsdiscretion, may permit an application tobe made at any time after the time speci-fied herein but in such case the boardshall reduce the allotment by an amountwhich bears the same proportion to theallotment as the number of days whichhave elapsed bears to the total number ofdays in the period.

(b), Registering unit whose initial in-ventor is greater than its allotment-(1) Non-roasters. A registering unitwhich does not roast green coffee usedby It in the preparation of beverages,and whose initial inventory is greaterthan Its first allotment shall not applyfor an allotment certificate for any pe-riod until such Initfal inventory has beenreduced, by the crediting of prior al-lotments, below the amount of Its allot-ment for such period.

(2) Roasters. A registering unitwhich roasts green coffee used by it inthe preparation of beverages, whose in-Itial inventory s greater than its allow-able inventory plus its first allotmentshall not apply for an allotment cer-tificate for any period until such initialinventory has been reduced, by the cred-iting of prior allotmenft, below theamount of its allowable inventory plusits allotment for such period.

§ 1407.1001 Amount for which allot-ment certiflcate is to be issued. (a)Upon proper written application therefora certificate shall be Issued to a regis-tering unit in a weight value equivalentto its allotment except as provided inparagraph (b) or (c) of this section andsubject to any adjustments required byRation Order No. 12.

CM) The amount of the allotment cer-tificate issued for the first period to areastering unit which does not roastgreen coffee shall be the allotment forsuch pariod. minus the initial inventoryof roasted coffee of the registering unit:Provided, however, That the &st certifi-cate Issued to a registering unit whoseinitial inventory was greater than theamount of its allotment shall be of aweight value equal to the difference be-tween the initial inventory of such regis-tering unit and the aggregate of its al-lotments including the allotment for theperiod for which the certificate is issued.

c) The amount of the alotment cer-tificate issued for the first period to a

9715


registering unit which roasts green cof-fee used by it in the preparation of bev-erages shall be the allotment for suchperiod minus the amount, if any, bywhich its initial inventory exceeds itsallowable inventory: Provided, however,That the first certificate issued to a reg-istering unit whose initial inventory wasgreater than the amount of its allow-able inventory plus its allotment shall beof a weight value equal to the differencebetween its initial inventory and theamount of its allowable inventory plusthe aggregate of its allotments includingthe allotment for the period for whichthe certificate is issued.

§ 1407.1002 Adfustments. (a) In thecomputation of allotments and the issu-ance of certificates, corrections shall bemade for any previous errors or mis-takes in allotments or in the issuance ofcertificates.

(b) Any registering unit which ac-quires roasted coffee on or after Novem-ber 22, 1942, without the surrender ofcertificates, shall have the amount there-of charged against the amounts forwhich subsequent certificates may be is-sued.

§ 1407.1003 Restriction on use. (a)No registering unit shall, in any allot-ment period, use more coffee for anypurpose for which allotment certificatesmay be obtained than the amount of itsallotment for said period plus the unusedportion of any of its prior allotments;Provided, however, That a registeringunit may use any part of an allotment atany time after a certificate for such al-lotment has bedn issued to it.

(b) No registering unit shall useroasted coffee.for any purpose other thanthe preparation by it of a beverage.

§ 1407.1004 Establishments w h i c hwere not in operation between Septem-ber 1 and November 21, 1942. (a) Aninstitutional establishment which com-mences operations on or after November22, 1942, shall be registered on O.P.A.Form R-310 as a registering unit or as apart of a new or existing registering unit.The registration of such institutional es-tablishment registered under RationingOrder No. 3 shall be made on the reverseside of the O.P.A. Form R-310 filed for,such institutional establishment in con-nection with its registration under Ra-tioning Order' No. 3. The registrationof such institutional establishments notregistered under Rationing Order No. 3shall be made on O.P.A. Form R-310with the board designated to serve thearea in which the principal businessoffice of the owner is located, but onlyitems numbered one to six,-inclusive,on the front of such form shall becompleted.

(b) Each of the first two allotmentsof roasted coffee to be granted for suchan institutional establishment shall beequal to one pound of roasted coffee forevery 60 meals to be served by the insti-tutional establishment during the allot-ment period for which application ismade, as estimated by the registeringunit and approved by the board. Theamount of each subsequent allotmentshall be equal to one pound of roasted

coffee for eyery 60 meals served by theinstitutional establishment in the pre-ceding allotment period. In all otherrespects the institutional establishmentshall be treated as if it had been in op-eration between September 1 and No-vember 21, 1942.

§ 1407.1005 Definition of "me a ."For the purposes of Ration Order No. 12,a "cup of coffee" shall not constitute ameal unless the service thereof is accom-panied by the service of at least o;eother item of food exclusive of milk,cream, and sugar.

§ 1407.1006 Late registration. A reg-istering unit in operation on November21, 1942, which is not registered on No-vember 23, 24, or 25, 1942, may there-after be, registered at the office of theboard. The initial inventory of the reg-istering unit shall, in such circumstances,be computed as of midnight November21, 1942, and the registering unit shallnot be issued any certificates for anyallotment periods or partial periods thatmay have elapsed.

§ 1407.1007 Obtaining roasted coffeefor feeding, troops pursuant to writtencontract with the Army, Navy, MarineCorps, or Coast Guard. Whenever an.institutional user shall, pursuant to awritten contract made with the Army,Navy, Marine Corps, or Coast Guard,require roasted coffee for use in the prep-aration of beverages to be served by itto Army, Navy, Marine Corps, or CoastGuard personnel to be messed separatelyunder an officer's command, an officerauthorized by the Army, Navy, MarineCorps, or Coast Guard may issue a cer-tificate in such weight value as may berequired for such purpose.' The institu-tional user may acquire roasted coffeetherewith; Provided, however, Thatroasted coffee acquired with such cer-tificate shall remain under the controlof the officer commanding such person-nel and shall not be used for any purposeother than service to such personnel.

§ 1407.1008 , Obtaining roasted coffeefor troop movements. (a) Whenever aninstitutional user shall iequire roastedcoffee for use in the preparation ofbeverages to be served by it to Army,Navy, Marine Corps, or Coast Guard per-sonnel Involved in troop movements andwhich are to be messed separately underan officer's command, such institutionaluser may apply in writing to the boardfor a certificate in the amount required,stating on such application the addressof the institutional establishment or ad-dresses of the institutional establish-ments or of the commissaries or immobileservice points at which such roasted cof-fee is needed, and that the roasted coffeeaiplied for will be used only for suchpurpose. The board, upon satisfactoryproof that such roasted coffee will beneeded, shall grant the application. Theapplicant shall, within 15 days after theservice of coffee to such troops, file withthe board proof of the service and theamount thereof. He shall surrender tothe board certificates in weight valueequal to the amount, ifany, by which thecertificate issued to him by the boardexceeds in weight value the roasted coffee

so used or-such difference shall be chargedagainst the amount of his next allotmentor allotments or against any subsequentcertificate Issued pursuant to this sec-tion.

(b) An Institutional user who on orafter November 22, 1942, uses roastedcoffee in the preparation of beveragesserved by it to Army, Navy, Marine Corps,or Coast Guard personnel Involved Introop movements, which were messedseparately under an officer's command,may apply to the board for a certificatein a weight value equal to the weight ofthe roasted coffee so used, if no certifi-cate therefor has been Issued pursuant toparagraph (a) of this section. The ap-plication shall state the address of theinstitutional establishment or addressesof the institutional establishments orof the commissaries or Immobile servicepoints at which such troops were servedand the quantity of roasted coffee usedat each of such establishments, commis-saries, or Immobile service points, andshall be accompanied by a statementsigned by the officer In charge of thetroops setting forth the number of mealsserved to the troops, the dates upon whichthis service was rendered, and the quar-termaster's requisition for the mealaserved. Upon the presentation of thoevidence required by this paragraph, theboard shall grant such application.

(c) In Issuing a certificate pursuant toparagraph (a) or (b) of this section, theweight of any substitute or substance,including but not limited to chicory,cereal, peas, or beans, to be mixed,blended, or compounded with the roastedcoffee to be served, or mixed, blended,or compounded by the applicant with theroasted coffee served, shall not be In-cluded by the board in the amount ofsuch certificate.

INDUSTRIAL USERS§ 1407.1015 Restriction on utse of cof-

fee. No Industrial user shall roast anygreen coffee In connection with or foruse In connection with the production,manufacture, or processing of any prod-ucts, other than of products to be trans-ferred to the Army, Navy, Marine Corps,or Coast Guard or to any persons speci-fied In § 1407.991, without petitioningthe Office of Price Administration, Wash-ington, D. C., for permission to do soand obtaining such permission. Thepetition shall state the name and ad-dress of the petitioner; the purposes forwhich he Intends to use the coffee heseeks permission to roast; the amountof roasted coffee so used by him in eachmonth of 1941, and, If he was not Inbusiness during the entire year of 1941,the amount of roasted coffee so usedby him In each month of 1942; theamount of, green coffee the petitionerseeks permission to roast; his inventoryof coffee on the date of his application;and any other facts deemed pertinent bysuch industrial user. The Office of PriceAdministration may, before acting on anysuch petition, require the petitioner tofurnish any additional Information Itdeems pertinent.

§ 1407.1016 Inventory. (a) In report-ing his Inventory, the Industrial usershall Include all coffee located within the

9716


continental United States (the 48 Statesof the United States and the District ofColumbia) to which said industrial userhas title or holds documents, of title.Said industrial user shall be deemed tohave title to coffee: (1) in transit orstored for delivery to him and out ofthe possession of the vendor; (2) mort-gaged, pledged, or otherwise used bythe industrial user as security in a credittransaction; and (3) in the possession ofthe vendor of the industrial user if suchcoffee has been paid for and'physicallysegregated and earmarked by the vendorfof delivery to said industrial user.

1407.1017 Industrial users- n on-roasters. 'An industrial user of coffeewho does-not roast green coffee used byhim in the production, manufacture, orprocessing of products may petition theOffice of Price Administration, Washing-ton, D. C., for allotments of roasted cof-fee. The petition shall state the nameand address of the petitioner; the pur-poses for which roasted coffee is usedor is desired to be used by him; theamount of roasted coffee so used by himin each month of 1941 and, if he was notin business during the entire year of 1941,the amount of roasted coffee so used byhirnin each month of 1942; the amountof allotments being sought; and anyother facts deemed pertinent by such in-dustrial user. The Office of Price Ad-ministration may, before acting on anysuch petition, require the petitioner tofurnish any additional information itdeems pt finent.

f 1407.1018 Restriction on transfer ofsoluble and liquid extract coffee. Noindustrial user shall transfer any solubleor liquid extract coffee to any person,other than the Army, Navy, MarineCorps, or Coast Guard, or any personspecified in §,1407.991, without petition-ing the Office of Price Administration,Washington, D. C., for permission to doso and obtaining such permission. Thepetition shall state the name and addressof the petitioner; the amount of solubleor liquid extract coffee he seeks to trans-fer; the person to whom he seeks totransfer such soluble or liquid extractcoffee; the amount of soluble or liquidextract coffee so transferred by him ineach month of 1941, and, if he was notin business during the entire year of 1941,the amount of soluble or liquid extractcoffee so transferred by him in eachmonth of 1942; his inventory of solubleand liquid extract coffee on the date ofhis application; and any other factsdeemed pertinent by such industrialuser. The Office of Price Administra-tion may, before acting on any such peti-tion, require the petitioner to furnishany additional informaion it deemspertinent.

CERTIICATES AND COPFEE STAIPS

§ 1407.1020 Nature and validity of.certificates and coffee stamps. (a) Acertificate may be transferred by theperson to whom it is issued only for thepurpose of authorizing such person toacquire the amount of roasted coffee au-thorized by the certificate. A coffeestamp may be transferred by a consumerto a retailer or wholesaler only for thepurpose of authorizing the consumer to

whom the coffee stamp was Issued to ac.-quire one pound of roasted coffee. Acoffee stamp is valid in the hands of aconsumer only if attached to a properlyIssued war ration book.

(b) Each coffee stamp authorizes thetransfer of one pound of roasted coffeeto a consumer only during the rationperiod assigned to that coffee stamp in§ 1407.1091. A coffee stamp receivedfrom a consumer by a retailer or whole-saler In accordance with Ration OrderNo. 12 and against which such retaileror wholesaler has transferred roastedcoffee, authorizes such retailer or whole-saler to acquire roasted coffee therewithfrom another retailer or wholesaler orto receive from the board a certificatehaving an equal weight value: Provided,That such coffee stamp Is surrenderedto such other retailer or wholesaler orto the board within ten days of the closeof the ration period asgnEd to suchcoffee stamp.

(c) Coffee stamps in or from the warration book of an individual whose age.as entered in said war ration book, isless than 15 years, are invalid for theacquisition of coffee. Such coffee stampsshall not be detached from the war ra-tion book.

(d) A certificate authorizes the per-son to whom it is Issued to acquireroasted coffee therewith within 60 daysof the date of Issuance of the certificate.A certificate received by a person by sur-render and endorsement from anotherperson pursuant to Ration Order No. 12,authorizes the transfer of roasted coffeeto such other person within 60 days ofthe date of issuance of the certificate orwithin 30 days of the date set forth inthe endorsement on such certificate tosuch person, whichever is later.

(e) A person receiving coffee stampsor certificates from a retailer or whole-saler or from a registering unit may, ifrequested by the person surrendering thecoffee stamps or certifieates, transfer tosuch person a quantity of roasted coffeeequal to the weight value of the coffeestamps and certificates so received, plusan additional quantity of roasted coffeeequal to either: (1) an amount, not inexcess of ten per cent of the weight valueof the coffee stamps or certificates soreceived, required to make a total quan-tity equal to a carload or (2) an amount,not in excess of 23 pounds, required topermit a transfer in shipping packagescustomarily used by the transferor. Theperson acquiring roasted coffee in aquantity greater than the weight valueof the coffee stamps and certificates sur-rendered by him shall be charged withsuch excess and shall surrender to thetransferor coffee stamps or certificates inweight value equal to such excess within

- 15 days after such acquisition.§ 1407.1021 Surrender of certificates

and coffee stamps. (a) Certificates orcoffee stamps must be surrendered bythe person acquiring roasted coffee to theperson transferring roasted coffee at orbefore the time of such transfer. Beforea certificate is surrendered, thb properendorsement thereon shall be completedby the holder of the certificate.

(b) A coffee stamp shall not be de-tached from a war ration book except

by the consumer or the-person actingon his behalf in the presence of the par-son making delivery of the roasted coffee.

§ 14071022 Mail orders and similartransactions. When a consumer wishesto acquire roasted coffee by mall-orderor similar transaction, he shall forwardhis war ration book or certificate to theseller with his order. Before trans-ferring the roasted coffee to the con-sumer, the seller shall, where the con-sumer has forwarded his war ration bookto the seller, detach therefrom the ap-propriate coffee stamp. Such sellershall return the consumer's war rationbook to him promptly.

§ 1407.1023 War ration stamp car&.(a) A person to whom coffee stamps aresurrendered by a consumer shall affix thecoffee stamps on a war ration stamp card(O.P.A Form R-304) or upon a facsimiletheregf. Only coffee stamps bearing thesame number may be affixed to a card.Not all the spaces on a card need befilled. The card may be surrendered bya retailer-or wholesaler, subject to par-agraphs (b) and (c) of this section, toanother retailer or wholesaler for thepurpose of acquiring an amount ofroasted coffee equivalent to the aggre-gate weight value of the coffee stam'raghxed thereto.

(b) When a retailer or wholesaler sur-renders a card for the purpose of author-izing a transfer of roasted coffee to him,he shall write across the face of thecard his name and address, the date ofsuch surrender, and the name and ad-dress of the person to whom the cardIs being surrendered. A retailer orwholesaler who receives cards shall sur-render such cards to the board withinten days of their receipt. Such retaileror wholesaler may, atthe sama time, sur-render any certificates received by him-At the time of such surrender the re-tailer or wholesaler shall complete andsubmit with the surrendered cards andcertificates, if any, O.P.A. Form R-309.The board receiving such cards and cer-tificates together with such form shallthereupon issue to such retailer orwholesaler a certificate or certificatesin weight value equal to the surrenderedcoffee stamps and certificates.

(c) Coffee stamps affixed to a cardshall, except as set forth in para-graph (b) of this section, have no greaterperiod of validity than coffee stamps notso affixed and, in any event, shall haveno greater value.

(d) A retailer or wholesaler may. ifhe desires, surrender, pursuant and sub-ject to the provisions of paragraph (b)of this section, stamps or certificates re-ceived by any establishment owned byhim to the board having jurisdiction overthe area within which such establish-ment is located.

§ 1407.1024 Sale, gift, loan, or judicialseizure of coffee stamps or certificategprohibited. The transfer, sale, gift, loan,or assignment of d coffee stamp or cer-tificate Is prohibited and no coffee stampor certificate or any Interest therein maybe so acquired or seized by distraint.execution, levy, attachment, or other ju-dicial process or acquired through devise,bequest, or inheritance except that such

9717


transfer, sale, gift, loan, assignment,seizure, and acquisition is permittedwhen coffee stamps or certificates aretransferred as part of the assets of anestablishment transferred as provided in§ 1407.1054, and when otherwise expresslypermitted in Ration Order No. 12: Pro-vided, however, That a person to whoma war ration book or certificate has beenissued may "nstitute and prosecute anyproceeding for the purpose of recoveringpossession of said war ration book or cer-tificate from any person wrongfully inpossession thereof.

§ 1407.1025 Destroyed, mutilated, orstolen coffee stamps or certificates. (a)A certificate that is torn Or mutilated isvalid only if more than one-half thereofremains legible and only if such remain-ing portion clearly evidences the date ofthe certificate, its weight value, and thename of the person to whom the certifi-cate was issued. A coffee stamp that hasbeen torn or mutilated is valid for use bya consumer only If more than one-halfof such coffee stamp remains undetachedin the war ration book.

(b) If a certificate or coffee stamp,held by a retailer or wholesaler or by anInstitutional or industrial user is lost,destroyed, or stolen, or becomes invalidbecause of mutilation, the person entitledto .uch certificate or coffee stamp mayapply to the board for a new certificateIn weight value equal to that of the lost,stolen, destroyed, or mutilated certificateor coffee stamp. Upon the presentationof satisfactory proof, the board shallgrant the application.

§ 1407.1020 Exchange of certificates.Any person may surrender to the boarda valid certificate or valid certificateswhich he is entitled to use to.acquireroasted coffee and obtain a certificate orcertificates In different denominations inexchange therefor. The board shall is-sue a certificate or certificates to suchperson, dated as 'of the date of theirIssuance, in such reasonable denomina-tions as he may require, but in no eventshall the aggregate weight value of thenewly-issued certificate or certificates ex-ceed the weight value of the surrenderedcertificate or certificates. -

§ 1407.1027 Transfers not to be madeupon invalid coffee stamps, certificates,or purchasf warrants. (a) No personshall transfer roasted coffee if the coffeestamp, certificate, or purchase warranttendered therefor is mutilated or illegible.

(b) No person shall transfer roastedcoffee if he knows or has reason to be-lieve that the certificate or purchase war-

' rant tendered therefor was not acquiredor Issued in accordance with Ration Or-der No. 12 or that the coffee stamp ten-dered therefor was not acquired or issuedin accordance with Rationing Order No.3 or Ration Order No. 12. In the eventof a refusal to transfer roasted coffeeagainst a coffee stamp, certificate, orpurchase warrant the person refusing tomake the transfer shall promptly notifythe issuing board of such refusal andhis reasons therefor.

§ 1407.1028 Notification to the Officeof Price Administration of legal proceed-ings. Every person holding a certificate,

coffee stamp, or purchase warrant shallnotify the District Office of the Office ofPrice Administration immediately uponthe commencement of any legal actionor proceeding involving such certificate,coffee stamp, or purchase warrant.

§ 1407.1029 Authorization of transferagainst coffee stamps, certificates, orpurchase warrants is authorization ofacquisition, and vice versa. Where inRation Order No. 12 the transfer ofroasted coffee Is authorized on the sur-.render of coffee stamps, certificates, orpurchase warrants the acquisition ofsuch roasted coffee, as part of the sametransaction, on the surrender of coffeestamps, certificates, or purchase war-rants shall also be deemed to be author-ized, and vice versa.

§ 1407.1030 Prohibition of transferexcept against coffee stamps, certificates,or purchase warrants is prohibition ofacquisition, and vice versa. 'Where InRation Order No. 12 the transfer, ofroasted coffee is prohibited except on thesurrender of coffee stamps, certificates,or purchase warrants the acquisition ofsuch roasted coffee, as part of the sametransaction, except on the surrender ofcoffee stamps, certificates, or purchasewarrants shall also be deemed to be pro-'hibited, and vice versa.

§ 1407.1031 Prohibited acts with re-spect to coffee stamps and certificates.(a) No person shall use or have in hispossession any coffee stamp, certificate,or purchase warrant, whether issued asa ration or not, except the person, or theagent of the person, to whom such coffeestamp, certificate, or purchase warrantwas issued or by whom it was acquiredin accordance with thi provisions of Ra-tion Order No. 12.

(b) No person shall counterfeit orforge a coffee stamp, war ration book,purchase warrant, or certificate.

(c) No person shall transfer, acquire,possess, or use any forged, altered, orcounterfeited coffee stamp, war rationbook, purchase warrant, or certificate.

(d) No person shall transfer, surren-der or assign and no person shall acquire,or receive an assignment of, any coffeestamp, war ration book, purchase war-rant, or certificate, except in accordancewith the provisions of Ration Order No.12 or any other ration order of the Officeof Price Administration.TRANSFER AND ACQUISITION OF GREEN COFFEE

§ 1407.1040 Initial inventory. (a)Every person, other than the Army,Navy, Marine Corps, and Coast Guard-and Commodity Credit Corporation, whotransfers or acquires green coffee shalltake an inventory of his green coffee asof 12 o'clock midnight, November 21,1942: 'Provided,' however, That this sec-tion shall not apply to persons who roastgreen coffee.

(b) Such inventory shall include allgreen coffee located within the con-tinental United States (the 48 States ofthe United States and the District of Co-lumbia) to which such person has titleor holds documents of title. He shalbe deemed to have title to green coffee:(1) in transit or stored for delivery tohim and out of the possession of the

vendor prior to November 22, 1942;(2) held by him on consignment or onany similar basis; (3) mortgaged,pledged, or otherwise used ,by him assecurity in a credit transaction; or (4)in the possession of his vendor if suchgreen coffee has been paid for andphysically segregated or earmarked bythe vendor for delivery to him.

(c) Such person shall Include a state-mdnt of said Inventory of green coffeein the first report filed by him pursuantto § 1407.1071.

§ 1407.1041 Transfer and acquisitionof green coffee. (a) No person shall ac-quire, except by import or pursuantto §§ 1407.1053, 1407.1054, 1407.1050,1407.1058, or 1407.1060, green coffee If asthe result of such acquisition his exist.ing Inventory would exceed his allow-able inventory of coffee. If green coffeeis acquired by any person by Import orpursuant to §§ 1407.1053, 1407.1054,1407.1056, 1407.1058, or 1407.1060, in anamount which, together with the coffeein his existing inventory, exceeds hisallowable inventory of coffee, such per-son if he is unable to make an Immedi-ate sale of coffee In an amount equiva-lent to such excess shall, within 72 hoursafter acquiring such green coffee, offer,through established coffee dealers andbrokers, an equivalent amount of coffeefor sale in conformity with Ration Or-der No. 12. If, prior to the acceptanceof such offer, such person becomes en-titled, as a result of reduction of his ex-isting inventory, to acquire green coffee,coffee in an amount equivalent to theamount which he is so entitled to a-quire may be withdrawn from theamount of coffee offered for sale pur-suant to this section.

(b) Any person making an offer forsale in accordance with paragraph (a) ofthis section shall, at the same time, for-ward a report to the Office of Price Ad-ministration, Washington, D. C., stating(1) the amount so offered for sale; (2)whether the coffee offered for sale Isfrom his existing inventory; (3) a de-scription of the coffee offered for sale.(4) the location of the coffee offered forsale; and (5) the names of the brokers ordealers through whom the offer is beingmade. In the event of sale of any suchcoffee, such person shall forward a re-port of such sale, within 24 hours there-after to the Office of Price Administra-tion, Washington, D. C., stating the nameof the purchaser" and the date of sale.

§' 1407.1042 Retention of coffee stampsand certificates by roasters. (a) Everyretailer or wholesaler who roasts greencoffee shall retain In his possession, untilfurther order by the Office of Price Ad-ministration, coffee stamps, certificates,or purchase warrants equal in weightvalue to 84 per cent of the weight of thegreen coffee roasted by him and trans-ferred by him subsequent to November21, 1942. Stamps or certificates surren-dered to the board pursuant to § 1407.985shall be considered, for the purposes ofthis section, as being retained by suchperson.

(b) An institutional registering unitwhich roasts green coffee used by It inthe preparation of beverages shall retain

9718


in its possession, until further notice bythe Office of Price Administration, cer-tificates in weight value equal to 84 percent of the weight of the green coffeeroasted by it subsequent to November 21,1942: Provided, however, That such aregistering unit whose initial inventorywas greater than the amount of its al-lowable inventory need not retain certifi-cates for such excess.TRANSFERS PERMTTED WITHOUT THE SUR-

RENDER OF COFFEE STALIPS, CERTIFICATES,OR PURCHASE WARRANTS AND IRRESPECTIVEOF REST ICTIONS ON THE ACQUISITON OFGREEN c6FFEE§ 1407.1045 Transfer of green coffee.

When the transfer of green coffee Ispermitted by Ration Order No. 12, suchtransfer may be made without the sur-render of coffee stamps, certificates, orpurchase warrants.

§ 1407.1046 Loans andgifts of roastedcoffee. (a) Loans of roasted coffeeowned for personal use which are repaidin kind in equal quantity may be madebetween consumers without the sur-render of coffee stamps or certificates.

(b) Gifts of roasted coffee may bemade by a consumer to a charitable orreligious organization without the sur-render of coffee stamps or certificates.

§ 1407.1047 Coffee included in initialinventory. Any coffee included in theinitial inventory of a person or regis-tering unit may be transferred to saidperson or registering unit without thesurrender- of coffee stamps, certificates,or purchase warrants and irrespective ofany restriction on the acquisition ofgreen coffee imposed by Ration OrderNo. 12.

§1407.1048 Exzcanges-(a) Ofroasted- coffee. - Roasted coffee may beexchanged for other roasted coffee with-out the surrender of stamps or certifi-cates: Provided, That the weights of theroasted coffee exchanged must be equal.

(b) Of green coffee. Green coffee maybe exchanged for other green coffee irre-spective of any restriction on the acquisi-tion bf green coffee imposed by RationOrder No. 12: Provided, That the weightsof the green coffee exchanged must beequal.

(c) Time limit. Deliveries or ship-ments of coffee involved in an exchangemade pursuant to this section must bemade on the same day.

§ 1407.1049 Transfers to exempt per-sons. Any person may transfer, without

-the surrender of coffee stamps or cer-tificates and irrespective of any restric-tion on the transfer or acquisition ofcoffee imposed by Ration Order No. 12,coffe6 to any of the persons enumeratedin §-1407.991 (c), subject, however, to theprovisions of § 1407U91. The Army, Navy,Marine Corps, and Coast Guard may ac-quire green coffee irrespective of anyrestriction on the transfer or acquisitionof green coffee imposed by Ration OrderNo. 12.

§ 1407.1050 Transfers between estab-lishments owned by same person. Anyperson may transfer coffee, without thesurrender of coffee stamps or certificates,between establishments owned by him

No. 230- 10

except between Institutional establish-ments registered In different registeringunits.

§ 1407.1051 Green coffec transferredfor roasting. Any person may transfer,irrespective of any restriction on the ac-quisition of green coffee imposed by Ra-tion Order No. 12, green coffee owned byhim to another person for roasting andmay accept the return of such coffeeafter it is roasted, without surrenderingcoffee stamps or certificates.

§ 1407.1052 Transfer of coffee forcarriage. (a) Coffee delivered beforeNovember 22, 1942, to a carrier may bedelivered by the carrier to the person towhom the coffea was consigned or may beredelivered to the consignor without thesurrender of certificates or coffee stampsby anyone In connection therewith andirrespective of any restriction on the ac-quisition of green coffee imposed by Ra-tion Order No. 12.

(b) On or after November 22, 1942,coffee may be received by a carrier forcarriage without the surrender of cer-tificates or coffee stamps by the carrierand Irrespective of any restriction onthe acquisition of green coffee Imposedby Ration Order No. 12. Coffee so re-ceived may thereafter be delivered, with-out the receipt of certificates or coffeestamps by such carrier and irrespectiveof any restriction on the acquisition ofgreen coffee Imposed by Ration Order No.12, only to (1) the person from whom Itwas received; (2) the person to whomit was consigned; (3) the person to whomthe bill of lading or similar instrument,if any, Issued in connection with suchcarriage, has been duff transferred; or(4) connecting carriers for the purposeof such delivery.

(c) Nothing in this section shall bedeemed to relieve any parson who de-livers roasted coffee to a carrier from theobligation to receive certificates, coffeestamps, or purchase warrants from theconsignee or other perzon to whom atransfer s made as a resulf of such de-livery or from any other obligation im-posed by Ration Order No. 12.

§ 1407.1053 Transfer of coffee forstorage. (a) Coffee delivered beforeNovember 22, 1942, to a public or otherwarehouse, not an establishment withinthe meaning of Ration Order No. 12,may at any time, without the surrenderof certificates or coffee stamps and ir-respective of any restriction on the ac-quisition of green coffee Impoed by Ra-tion Order No. 12, be redellvercd to theperson who delivered it to such ware-house, or delivered to the person towhom the warehouse receipt or othersimilar instrument, if any, Issued in con-nection with such storage, has been dulytransferred.

(b) On or after November 22, 1942,any public warehouse may, without sur-rendering certificates or coffee stampsand Irrespective of any restriction onthe acquisition of green coffee imposedby Ration Order No. 12, receive roastedcoffee for storage and deliver suchroasted coffee to the person from whomit received such roasted coffee or to theperson to whom the warehouse receiptor other similar instrument, if any, Is-

sued in connection with such storage,has been duly transferred.

(c) Nothing In this section shall bedeemed to relieve any parson who de-livers roasted coffee for storage from theobligation to receive coffee stamps-, cer-tificates, or purchase warrants from anyperson other than the warehouseman towhom such roasted coffee is transferredor from any other obligation imposedby Ration Order No. 12.

§ 1407.1054 Voluntary or involuntarytransfer of establishment. (a) Coffeemay be acquired by any person withoutthe surrender of coffee stamps or certifi-cates and irrespective of any restrictionon the acquisition of green coffee im-posed by Ration Order No. 12 where, asa consequence of reoganization, liquida-tion" merger, foreclosure, execution, as-signment for the benefit of creditors,banlrptcy, death, devise, bequest, in-heritance, or other voluntary or invol-untary transfer or sale of an establish-ment, all or substantially all the assets ofsuch establishment, including good-will,are transferred to such person.

(b) Any person acquiring roasted cof-fee pursuant to paragraph (a) of thissection shall, with respect thereto, besubject to all obligations of the formerowner of the establishment to transferroasted coffee in exchange for certifi-cates, coffee stamps, or purchase war-rants surrendered to such former ownerprior to such acquisition and againstwhich the transfer of roasted coffee hadnot been completed at the time of suchacquisition and be entitled to receive cer-tificates, coffee stamps., or purchase war-rants equivalent in weight value to anyamount by which the quantity of roastedcoffee transferred by such former ownerto any person prior to such acquiionexceeds in weight value the certificates,coffee stamps, and purchase warrantssurrendered by such person. The personacquiring roasted coffee pursuant to par-agraph (a) of this section may continuethe operation of the establishment, and,if he does so, shall ba subject to all theprovisions of Ration Order No. 12 appli-cable thereto. If a parson acquiringroasted coffee pursuant to paragraph (a)of this section does not continue theoperation of the establishment, suchroasted coffee may be transferred by himpursuant to the provisions of 4' 1407.1051.

§ 1407.1055 Liquidation of establish-ments. (a) The person in charge of theliquidation of a retail, wholesale, or insti-tutional establishment, which is the soIeestablishment owned by the ownerthereof, and the person in charge of theliquidation of retail or wholesale estab-lishments, which are all the establish-ments owned by the owner thereof, or in-stitutional establishments, which are allthe establishments in a registering unit,shall promptly after the commencementof the liquidation (1) acquire all roastedcoffee for which coffee stamps, certifi-cates, or purchase warrants had beensurrendered by said owner; (2) transferall roasted coffee for which coffee stamps,certificates, or purchase warrants hadben surrendered to said owner; (3) ac-quire all coffee stamps, certificates, orpurchase warrants to which said owner

9719


is entitled by reason of the transfer byhim of roasted coffee; and (4) surrendercoffee stamps, certificatps, or purchasewarrants for which roasted coffee hasbeen transferred to said owner. At thecompletion of the liquidation the personIn charge thereof shall surrender to theboard for cancellation all certificates,coffee stamps, and purchase warrantsheld by the establishment or establish-ments and shall account for any differ-ence between the coffee stamps, certifi-cates, and purchase warrants so surren-dered and the allowable inventory ofsuch owner, or, if a registering -unit isbeing liquidated, all certificates on handor, if such registering unit roasts coffee,all coffee stamps or certificates requiredto be retained thereby pursuant to Ra-tion Order No. 12. If at the completionof the liquidation the person in chargethereof is unable to surrender,' acquire,or transfer coffee stamps, certificates,purchase warrants, or roasted coffee asrequired by this section, he shall file withthe board a complete statement of all thefacts and circumstances in connectiontherewith.

(b) In the event of the liquidation ofan Institutional establishment, the al-lotment made thereafter to the regis-tering unit of which said institutionalestablishment was a part shall be reducedby the amount applicable to such institu-tional establishment.

(c) Any person who has surrenderedcertificates, coffee stamps, or purchasewarrants to an establishment and whodoes not, prior to the liquidation of suchestablishment or within one month afterthe commencement of such liquidation,receive from the person in charge of suchliquidation, pursuant to paragraph (a)(2) of this section, all the roasted coffeefor which certificates, coffee stamps, orpurchase warrants have been surrend-ered by such person to the establishmentbeing liquidated may apply to the boardfor a certificate authorizing the acquisi-tion of the quantity of roasted coffee hehas so failed to receive. Before theboard may grant any such application,the applicant shall prove, to the satis-faction of the board, the surrender byhim of certificates, coffee stamps, or pur-chase warrants and his failure to receiveroasted coffee therefor as claimed.

§ 1407.1056 Disposal of damaged cof-fee and undamaged coffee mingled there-with, or coffee in a package, bag, or othercontainer damaged while in transit bycommon carrier. (a) Coffee which isdamaged and undamaged coffee mingledtherewith, or coffee which is in a pack-age, bag, or other container damagedwhile in transit by a common carrier,may be transferred by any person inpossession thereof without the surrenderof coffee stamps or certificates and irre-spective of any restriction on the acquisi-tion of green coffee imposed by RationOrder No. 12 to (1) any person who hasInsured such coffee against loss or dam-age and is duly authorized by law toengage in the Insurance business; (2)common or contract carriers In con-nection with the exercise of the rightof. subrogation or by virtue of the pay-ment by them of a claim for damage tosuch coffee or container; and (3) persons

engaged principally and primarily in thebusiness of adjusting losses or selling orreconditioning and selling damaged com-modities, who take pbssession of or re-celve such commodities on the occurrenceor" imminence of casualties or in con-nection with the adjustment of lossesresulting from casualties.

(b) A person described in paragraph(a) (1), (2), or (3) of this section, ac-quiring coffee pursuant to said paragraph(a), shall report such fact in writing tothe board having jurisdiction over thearea in which its principal business officeis located. The report shall also statethe disposition proposed to be made ofsuch coffee.

(c) Following such report, undamagedcoffee which has been mingled with, butwhich can be and is separated fromdamaged coffee, or coffee which Is ina package, bag, or other container dam-aged while in transit by common carrier,may be disposed of by such person,but only, if the coffee is green coffee, toa person who is a roaster or who is andwas prior to November 22, 1942, a greencoffee dealer, or, if the coffee is roastedcoffee, as follows:

(1) It may be transferred, withoutthe receipt of coffee stamps or certifi-cates, in the manner provided in§§ 1407.1052,1407,1053, or 1407.1060.

(2) It may be.transferred upon re-ceipt of coffee stamps or certificates asprescribed in Ration Order No. 12 andthe coffee stamps or certificates thus re-ceived shall be sarrendered to the boardfor cancellation within five days of re-ceipt.

(3) An institutional user may usesuch roasted coffee subject t6 the provi-sions of § 1407.1002 (b).

§ 1407.1057 Replacement of damaged,destroyed, lost or stolen coffee or coffeein a package, bag, or other containerdamaged while in transit. (a) A person,other than a consumer, whose damagedroasted coffee and undamaged roastedcoffee mingled therewith is transferredpursuant to § 1407.1056 (a), or whoseroasted coffee is destroyed, lost, or stolenmay obtain certificates in weight valueequal. to the original weight of--suchroasted coffee. A person, other than aconsumer, whose roasted coffee, in apackage, bag, or other container damagedwhile in transit by common carrier, istransferred pursuant to §1407.1056 (a)may obtain certificates in weight valueequal to the amount of roasted coffeein such package, bag, or other containerbefore it was damaged. A person, otherthan a consumer, whose roasted coffee,altpough in a package, bag, or othercontainer damaged while in transit bycommon carrier, was not transferredpursuant to.§ 1407.1056 (a), or was in apackage, bag, or other container dam-aged in any other manner may obtaincertificates in weight value equal to theamount of roasted coffee lost from thepackage, bag, or other container becauseof such damage.

(b) Written application shall be madeby such a person to the board statingfacts which establish compliance withthe requirements of paragraph (a) ofthis section and including such otherinformation as the board may require.

§ 1407.1058 Recovery of lost or stolencoffee. (a) Coffee which has been lost orstolen may be recovered without the sur-render of coffee stamps or certificates andirrespective of any restriction on theacquisition of green coffee Imposed byRation Order No. 12 by the person right-fully in possession of such coffee when itwas lost or stolen or by a person who hasinsured such coffee against loss or theftand is duly authorized by law to engagein the insurance business or by a commonor contract carrier In connection with theexercise of the right of subrogra'Ion orby virtue of the payment by It-of a claimfor such loss or theft. Such recoverymay be made directly or through a Gov-ernment agency or other person author-ized to secure such recovery.

(b) A person recovering lost or stolenroasted coffee for which he has obtaineda certificate pursuant to §'1407.1057 shallreport such fact in writing to the board.The report shall also state the amount ofsuch roasted coffee and the dispositionproposed to be made of It. Such roastedcoffee may thereafter be disposed of bysuch person but only in the manner pro-vided by § 1407.1056 (e) (1), (2), and (3),

(c) An Insurer or carrier recoveringlost or stolen coffee shall report such factin writing to the board having Juzisdic-tion over the area in which its principaloffice is located. The report shall alsostate the amount of such coffee and thedisposition proposed to be made of it.Such coffee may thereafter be disposedof by such person but only in the mannerprovided by paragraphs (c) (1), (2), and(3) of § 1407.1056.

§ 1407.1059 Surrendering certiftcatesto the board for cancellatioq. Whereroasted coffee which had been transferredpursuant to §§ 1407.1049 or 1407.1060 Isreturned to the person from whom itwas acquired and such person has ob-tained from the board certificates au-thorizing the acquisition of roasted cof-fee to replace such roasted coffee, suchperson shall surrender to the board forcancellation certificates or coffee stampsin weight value equal to the weight ofthe roasted coffee so returned.

§ 1407.1060 Acquisition of coffee byjudicial process, by operation o law andfor security and similar purposes; en-forcement-(a) Acquisition by judicialprocess, by operation of law, and by theexercise of statutory rights or powers.Coffee may be acquired by, or a liencreated thereon in favor of, the followingpersons and In the following cases with-out the surrender of coffee stamps orcertificates and Irrespective of any re-striction on the acquisition of greencoffee imposed by Ration Order No. 12:(1) any person pursuant to judicialprocess or an order Issued by a court ofcompetent jurisdiction or by operationof law; (2) a State or political sUbdivi-sioA or agency thereof or by the UnitedStates or any agency thereof In the en-forcement or exercise against such coffeeof statutory rights or powers.

(b) Creation of security interests andliens. Coffee may be acquired for se-curity purposes by, or a lien createdthereon for security purposes In favor of,the following persons and In the follow-

9720


ing cases without the surrender of coffeestamps or certificates and irrespective ofany restriction on the acquisition ofgreen coffee imposed by Ration OrderNo. 12: (1) a State or political subdivi-sion or agency thereof or the UnitedStates or any agency thereof or any per-son duly licensed to engage in the busi-ness of making loans upon collateral andregulated in conducting sqch business bya State or the United States; (2) anyperson where the security interest arisesor is transferred with respect to all orsubstantially all the coffee of an estab-lisbment.

(c) Assignments prohibited. Nothingin this section shall be deemed to permitany- person to acquire, without coffeestamps or certificates or irrespective ofany restriction on the acquisition ofgreen coffee imposed by Ration OrderNo. 12, an interest in coffee in connec-tion with or as a consequence of an as-signment of less than the entire debtsecured by such coffee.

(d) Releaseor retur. Except as.oth-erwise provided in Ration Order No. 12,coffee or any interest therein or lienthereon acquired pursuant to paragraphs(a) or (b) of this section may le re-turned to the peson from whom it wasacquired or released without the sur-render of coffee ztawips or certificates andirrespective of any Testriction on the ac-quisition of green coffee imposed by Ra-tion Order No. 12 or such coffee may beused or transferred pursuant to the pro-visions of § 1407.1061.

(e) Enforcement of security. Any per-son who has acquired coffee or In whosefavor a lien thereon has jeen createdunder the authority of this section, orwho holds a lien on or security interestin coffee created prior to November 22,1942, may enforce such security, lien, orother interest in the manner provided

' by applicable State or Federal laws.Transfers necessary for the enforcementthereof may be made to such person,withdut the surrender of coffee stampsor certificates and irrespective of anyrestriction on the acquisition of greencoffee imposed by Ration Order No. 12,.or to other persons, with respect toroasted coffee, upon receipt of appro-priate coffee stamps or certificates (ex-cept as otherwise provided in Ration Or-der No. 12) to be -disposed of as pro--vided in § 1407.1061, or, with respect togreen coffee, to persons authorized toacquire such coffee by Ration Order No.12. Roasted coffee acquired by suchper-son thereunder may not be used by suchperson and may .not be transferredexcept pursuant to § 1407.1061.

§ i407.1061 Disposal of roasted coffeeacquired without coffee stamps or cer-tifiates. Any person who acquiresroasted coffee without the surrender ofcoffee stamps or -certificates, pursuantto 4 1407.1060. may thereafter, if an in-stitutional user, use such roasted coffeesubject to the provisions of § 1407.1002(b) or may transfer such roasted coffeeonly upon surrender to him of appropri-ate coffee stamps or certificates, except asotherwise expressly permitted by RationOrder No. 12. Such coffee stamps orcertificates shall, within five days aftereach such tranisfer, be surrendered for

cancellation to the State Director of theState In which such person resides or inwhich his principal business office Islocated.

§ 1407.1062 Obtaining certiflcates toreplace roasted coffee acquired pursuantto § 1407.1060. When roasted coffee ofa person a..o does not roast such coffee,has been acquired by another personwithout the surrender of coffee stamps orcertificates, pursuant to § 1407.1060, theperson from whom such roasted coffeehas been acquired may apply to the boardfor a certificate in weight value equal tothe weight of the roasted coffee acquiredfrom him. Before the board -may grantany such application, the applicant shallprove to the satisfaction of the boardthat the roasted coffee was acquired fromhim under the conditions decrlbed in§ 1407.1060 and has not been returned tohim.PEroNs FoR AD3UST=S,-Z; 1r=' nusMEsS

§ 1407.1065 Petitions for adiustmentof base, allotment, or allowrable inventory.(a) Any person may petition the board inwriting for an adjustment of his base,allotment, or allowable inventory. Suchpetition shall state the name and ad-dress of the petitioner, the adJustmentsought by him, the grounds on which theadjustment is sought, and any otherfacts deemed pertinent by such person.The board may request such additionalInformation as it may deem pertinent,and shall, within ten days after the re-ceipt of the petition, send It together withall relevant and material evidence andinformation received by the board, to theState Director. The board shall attachto the petition Its recommendation con-cerning the action to be taken thereon.

(b) The State Director shall not actupon said petition but shall forward It.,together wlth all other material concern-ing said petition received from the board,to the Office of Price Administration,Washington, D. C., for appropriate ac-tion. -The petitioner may be requestedto furnish further information and to ap-pear personally.§ 1407.1066 New establishme t--.a)

Retail establishnwnts. (1) Any persondesiring to obtain coffee for a retail e-tablishment owned by him which com-menced or will commence operations onor after November 22, 1942, may petitionthe board having jurisdiction over thearea In which such person's principalbusiness office is located for assignmentto such person for such establishmentof an allowable inventory.

(2) The board shall assign to theowner of such establishment an allow-able inventory of coffee, not to exceedone pound of coffee for every ten dollarsof the estimated gros sales, of all meats,groceries, fruits, vegetables, and similarproducts, to be made by said establish-ment In the first month of its operations,and shall issue to such owner a certificateor certificates in a weight value equal tosuch allowable inventory.

(3) Within ten days after the com-pletion of its first two full months ofoperations the establishment shall re-port to the board Its average monthlygross sales of all meats, groceries, fruits,

vec-etablez, and similar products. Ifsuch report shows that the allowableinventory assigned by the board withres'pect to such establishment pursuantto paragraph (a) (1) of this section isgreater than one pound of coffee forevery ten dollars of such averagemonthly gross sales, the board shall re-duce the allowable inventory to suchamount and the establishment shallsurrender to the board for cancellationcoffee stamps or certificates in weightvalue equal to the amount of such re-duction. If such report shows that theallowable Inventory assigned to suchestablishment by the board pursuant toparagraph (a) (1) of this section is le-sthan one pound for every ten dollars ofsuch average monthly gross sales, theboard shall increase the allowable in-ventory to such amount by issuing- addi-tional certificates to the establishment.

(b) Wholecale establishments. Anyperson desiring to obtain coffee for awholesale establishment owned by himwhich commenced or will commence op-erations on or after November 22, 1942,may petition the OMce af Price Ad-ministration, Washington, D. C., for as-signment to him for such establishmentof an allowable inventory. The petitionshall state the name and address of theowner, the location or proposed locationof the establishment, the value or esti-mated value of all meats, groceries,fruits, vegetables, and similar productson hand or to be acquired by suchestablishment, whether the establish-ment will roast coffee, the estimatedtransfers (in pounds) by the establish-ment during the first month of its op-erations of roasted coffee to be acquiredby the establishment as roasted, andthe estimated transfers (in pounds) bythe establishment during the first monthof Its operations of roasted coffee roastedby the establishment.

nrroarS Mm nrcores§ 1407.1068 In general. All persons

who transfer or acquire coffee shall main-tain such rtcords and make such reportsas Ration Order No. 12 requires and asthe Office of Price Administration mayfrom time to time require. Unless other-wise indicated In Ration Order No. 12,such records shall be maintained for aperiod of not less than two years andshall be available during such period forinspection by the Office of Price Admin-istration.

§ 1407.1069 By retailers and whoi- -salers. (a) Every retailer and whole-saler shall maintain records of (1) allroasted and green coffee acquired by himon or after November 22,1942, the namesand addresses of the persons from whomsuch coffee was acquired, and the dateand amount of each acquisition thereof;(2) the nazfes and addresses of all par-sons, except consumers, to whom greenand roasted coffee was transferred andthe date and amount of each transfer;(3) tfe names and addresses of all per-sons to whom purchase warrants weresurrendered and the date and amount ofeach purchase warrant so surrendered;(4) the names and addresses of all per-sons from whom purchase warrants werereceived and the date and amount of

Via1


each purchase warrant so received; and(5) the amounts of his initial and allow-able inventories of coffee. Each retailerand wholesaler shall also preserve all ex-isting sales and other records upon whichthe computations of his initial andallowable inventories are based.

(b) Every retailer or wholesaler shallon or before December 31, 1942, reportto the board, on such form as may be pre-scribed by the Office of Price Administra-tion, the following: (1) the informationcontained in his records maintained pur-suant to paragiaphs (a) (3), (a) (4), and(a) (5) of this section; (2) the computa-tions of his initial and allowable inven-tories; and (3) such other information asmay be called for by such form.

§'1407.1070 By institutional and indus-trial users. Every institutional register-in6 unit and every industrial user shallmaintain a record showing by months,the amounts of green and roasted coffeeacquired by it and the names and ad-dresses of the persons from whom suchcoffee was acquired, the amount of greencoffee roasted by it, and, in the case ofan industrial user, the amount of coffeeused by him In products transferred byhim.

§ 1407.1071 By persons transferring oracquiring green coffee. (a) Everyperson,not a retailer or a wholesaIer, who trans-fers or acquires green coffee shall keepa record of the dates and amounts of suchtransfers and acquisitions and of thenames and addresses of the persons towhom green coffee was transferred andfrom whom green coffee was acquired byhim.

(b) Every person, other than the Army,Navy, Marine Corps, and Coast Guard,and Commodity Credit Corporation, whotransfers or acquires green coffee shallmonthly, beginning in January 1943, pre-pare a report In triplicate, showing, withrespect to the previous month, (1) thenames and addresses of the persons towhom green coffee was transferred andfrom whom greqn coffee was acquired,together with the dates and amounts ofsuch transfers and acquisitions, and (2)his inventory of green and roasted coffeeas of the first day of the month in whichthe report Is prepared. Every personwho roasts coffee shall, in addition, in-clude in such report a statement of theweight value of all coffee stamps, certifi-cates, and purchase warrants receiVedby him against which he transferred,during the preceding month, roasted cof-fee which was roasted by him.

(c) The original and duplicate of eachreport referred to in paragraph (b) ofthis section shall be sent to the Office ofoPrice Administration, Washington, D. C.,not later than th6 tenth day of eachmonth. The triplicate copy shall be re-tained by the person reporting. The re-port for the month of December 1942shall include the required informationfor the period from November 22 to De-cember 31, 1942, inclusive.

§ 1407.1072 Miscellaneous records.Any person required to make a reportpursuant to § 1407.1056 or 1407.1058 shallpreserve at his principal business officerecords of all coffee acquired or trans-ferred by him pursuant to those sections,

the persons by or to whom such trans-fers were made and the amounts thereof,the weight value of all coffee stamps andcertificates received by him for suchtransfers, the serial numbers of such cer-tificates, and the amount of roasted cof-fee transferred against such coffeestamps and certificates.

§ 1407.1073 Disclosure of information.(a) Information and documents obtainedunder Ration Order No. 12 will not bedisclosed, in response to subpoena orotherwise, to any person other than theperson furnishing such information ordocuments unless the Administrator oran officer or employee of the Office ofPrice Administration designated by theAdministrator (1) determines that therequested disclosure is not contrary toany provision of law and (2) consentsto such disclosure.

MISCELLANEOUS

§ 1407.1075 Administration. RationOrder No. 12 shall be administered by theOffice of Price Administration, its Re-gional Administrators, State Directors,war price and rationing boards, and suchother administrative personnel as it maydesignate.

§,1407.1076 Powers and duties. Thepersons appointed to administer RationOrder No. 12 or to assist therein shallhave such powers and duties as areherein described and as the Office of PriceAdministration has assigned and may

-from time to time assign.§ 1407.1077 Imports of roasted coffee.

(a) Roasted coffee may be brought to aplace subject to Ration Order Nq. 12 froma place not subject to Ration Order No.12, if It is delivered to the Collector ofCustoms at the point of entry into theUnited States. Such roasted coffee maybe delivered to the Collector of Customswithout the receipt of coffee stamps orcertificates.

(b) The Collector of Customs maytransfer roasted coffee thus received byhim to any person importing such roast-ed coffee upon the receipt of coffee stampsor certificates in weight value equal tothe weight of the roasted coffee- trans-ferred. When coffee. stamps are sur-rendered to the Collector of Customs bya consumer importing the roasted coffee,the Collector of Customs shall detachfrom the war ration book of such con-sumer one coffee stamp for each ponnd ofroasted coffee imported, in the followingorder: 27, 28, 25, 26, 23, 24, 21, 22, 20.Coffee stamps or certificates so-receivedby the Collector of Customs shall be de-livered, at least once each calendarmonth, to the State Director of theState in which such point of entry islocated.

-,(e) Except as otherwise permitted InRation Order No. 12, no person shallbring roasted coffee into a ulace subjectto Ration Order No. 12 from a place notsubject to Ration Order No. 12 or receiveroasted coffee from the Collector ofCustoms.

§ 1407.1078 Weight .computation for-mulae-(a) Basis of computations. Inapplying for and issuing certificates,issuing purchase warrants, and comput-ing initial and allowable inventories,

coffee bases, and allotments, all weightsof coffee shall be stated in terms ofroasted coffee.

(b) Conversion-(1) Green coffee Intoterms of roasted coffee. Whenever It Isnecessary, for the purpose of Ration Or-der No. 12, to compute the weight ofgreen coffee in terms of weight 'of roastedcoffee, such computation shall be madeby multiplying the weight of the greencoffee by .84.

(2) Roasted coffee into terms of greencoffee. Whenever It Is necessary, for thepurpose of Ration Order No. 12, to com-pute the weight~pf roasted coffee in termsof weight of green coffee, such computa-tion shall be made by multiplying theweight of the roasted coffee by 1.19,

§ 1407.1079 Appeals. (a) Any persondirectly affected by the action of a board,State Director, or Regional Administra-tor taken with reference to any applica-tion, petition, or other matter beforesuch board, State Director, or RegionalAdministrator under Ration Order No.12 may appeal from such action in ac-cordance with Procedural RegulationNo. 9.

(b) This section shall not apply to anyaction taken with respect to petitionsmade pursuant to §§ 1407,1065 or1407.1066, except action taken with re-spect to such a petition by the board,State Director, or Regional Administra-tor in cases where the board or officialtaking the action has been authorizedby the Office of Price Administration togrant or deny such petition.

§ 1407.1080 Persons authorized to signreports, forms, purchase warrants. Reg-istration forms, petitions, applications,reports, purchase warrants, and anyother documents required by Ration Or-der No. 12 to be signed by retailers, whole-salers, or industrial or institutional users.may be signed by an owner, a partner(if the owner Is a partnership), an oi-cer (if the owner Is a corporation, Asso-elation, or similar organization), amanager of the owner, or any authorizedagent of the owner.

§ 1407.1081 Communications. All peti-tions and reports required by RationOrder No. 12 to be made to the Officeof Price Administration, Washington,D. C., and all other communications con-cerning Ration Order No. 12 sent to theWashington, D. C., office of the Office ofPrice Administration shall be addressedto: Office of Price Administration, Att:Food Rationing Division, Washington,D.C.

§ 1407.1082 Duties, rights, obligationsof establishments and registering units,When the provisions of Ration Order No,12 impose or confer duties, rights, orobligations upon an establishment or reg-istering unit, such duties, rights, and ob-ligations shall be considered as beingconferred or imposed upon the personowning such establishment or register-ing unit with respect thereto.

§ 1407.1083 Additional prohibitions.(a) No person shall, except In accord-ance with Ration Order No. 12 or othel'ration order of the Office of Price Ad-

27 P.R. 8796.

9722

FEDERAL REGISTER, Tuesday, November 24, 19,12

ministration, deface, mutilate, alter, ordestroy any coffee stamp, war rationbook, purchase warrant, certificate, orany other document or record providedfor in Ration Order No. 12.

(b) No person shall transfer, acquire,possess, or use coffee except in accordancewith the provisions of Ration Order No.12.

(c) No person shall, or shall causeanother person to, solicit, attempt, oragree to do any act in violation of Ra-tion Order No. 12.

(d) No person shall, in any applica-tion, petition, inventory, certificate, re-port, or other statement or record madepursuant to or required by the provisionsof Ration Order No. 12, make any untruestatement of any fact, or omit to stateany fact required to be stated thereinor necessary to make thiAstatementstherein not misleading.- § 1407A084 Acquisition and transfer

of roasted coffee by Army, Navy, MarineCorps, and Coast Guard post exchanges,commissaries, ships' service stores, andmen's atid officers' clubs-a) Acquiringroasted coffee for institutional purposes.Army, Navy, Marine Corps, and CoastGuard post exchanges and ships' servicestores, and officers' clubs, non-commis-sioned officers' clubs, and enlisted men'sclubs maintained within the limits ofArmy, Navy, Marine Corps, or CoastGuard-posts, camps, or.bases, which useroasted coffee in the preparation of bev-erages, shall not register as institutionalusers pursuant to § 1407.995, but shallacquire roasted coffee for such purposes,without the surrender of certificatestherefor, from the Array, Navy, MarineCorps, or Coast Guard commissaries orsupply activities, in such amounts and inaccordance ivith such arrangements asmay be-apifroved b, the Office of PriceAdministration.

C) Acquiring roasted coffee for trans-fer to consumers. Army, Navy, Marlne-Corps, and Coast Guard post exchanges,ships' service stores, and commissaries,which transfer roasted coffee to con-sumers shall, with respect to such trans-fers, be governed by the applicable pro-visions of RationOrder No. 12 concerningtransfers ofroasted coffee by retailersand wholesalers: Provided, however,That such post exchanges, ships' servicestores, and commissaries may acquireroasted coffee for the purpose of transferto consumers either from the Army,Navy, Marine Corps, or Coast Guard,without the surrender of coffee stampsor certificates, or from civilian suppliersupon the surrender to such suppliers ofcertificates obtained from the Army,Navy, Marine Corps, or Coast Guard.Coffee stamps and certificates receivedfrom consumers by any such post ex-change, ship's service store, or commis-sary shall be surrendered by it at leastonce each-week to the nearest board.

-EHEORCELIEN

§-1407.1085 Removal of coffee stampsfrom war ration boos of individuals un-der 15 years old. (a) Upon the Issuanceof War Ration Book Two to an individual

whose age, as entered on his War RationBook One, is less than 15, there shall bedetached from the War Rat lon Book Oneof either parent or the guardian of suchindividual or from the War Ration BookOne of any person legally responsible forsuch individual two coffee stamps foreach coffee stamp that is not attachedto the war ration book of such Individ-ual. The board shall destroy all- coffeestamps It thus detaches from war rationbooks pursuant to this paragraph.

(b) Any action taken by the boardpursuant to this section shall be in addi-tion to any penalties provided by law forviolation of Ration Order No. 12.

§ 1407.1086 Criminal prosecutions.(a) Any person who wilfully performsany act prohibited, or wilfully falls toperform any act required by any pro-vision of Ration Order No. 12, may uponconviction be fined not more than $10,-000.00, or imprisoned for not more thanone year, or both, and shall be subject tosuch other penalties as may be prescribedby law.

(b) Any person who knowingly faLsiflesan application, or any other record, re-port, purchase warrant, or certificatemade pursuant to or required by theterms of Ration Order No. 12, or whootherwise knowingly furnishes false in-formation concerning a material factwithin the jurisdiction of the Office ofPrice Administration to any board, orany other agent, employce, o&" officer ofthe Office of Price Administration, orwho attempts by the use of a trick,scheme, or device to conceal or cover upsuch a material fact within the Jurisdic-tion of the Office of Price Administration,may upon conviction be fined not morethan $10,000.00, or imprisoned for notmore than ten years, or both, and shallbe subject to such other penalties as maybe prescribed by law. Anyperson whoconspires with another person to performany of the foregoing acts may upon con-viction be fined not more than $10,000.00,or imprisoned for not more than twoyears, or both, and shalU be subject tosuch other penalties as may be prescribedbylaw.

§ 1407.1087 Suspension orders. Anyperson who violates Ration Order No. 12may, by administrative suspension order,be prohibited from acquiring or trans-ferring any coffee or other rationedproduct for such period as n the Judg-ment of the Administrator is necessaryor appropriate in the public nterestand to promote the national security.

§ 1407.1088 Report of violations.Any person may report a violation ofRation Order No. 12 to a war price andrationing board, a State Director, aRegional Administrator of the Office ofPrice Administration, or to the Officeof Price Administration, Washington,3. C.

EPECTI~VE DATE§ 1407.1090 Effective date of Ration

Order No. 12. Ration Order No. 12§§1407.951 to 1407.1092, inclusive)

shall become effective 12:00 p. in., No-vember 21, 1942.

SCHEDULES§ 1407.1091 Designation of ration pe-

riods and of coffee stamps valid therein.

flatIfered jerc zfpVuc- ~ ~ in raffm ":P zaI~

Xovmtr-r ~Z.11,1 c~ICoca tamp N5o' 27.

§ 1407.1092 Allotment percentage forinstitutional users.

r~iil Frccntz--cf ta:z,

Fc r ycec frcan datec frc-U~ th3i-

Issued this 20th day of November 1942.LEoT HEHDEnsO2I,

Administrator.

IF. R. Dc. 42-12159, Filed, November 20. V15212:38 p. m.l

PAnT 1305--ADmmurmon[Supplementary Order 5,2 Amendment 21

LICE2;51NG

A statement of the reasons for thisamendment hfs been Issued simultane-*ouy herewith and filed with the Divi-sion of the Federal Register.*

Paragraphs (a), (b), (c), (d), (e) and(f) of § 1395.7 are re-esignated as paragraphs (b), (c), (d), (e), C) and (g),respectively, and a new paragraph (a)Is added, to read as set forth below:

§ 1305.7 Provisions licensing dealersselling wraste, scrap and salvage mate-rials to consumers (and in the case ofiron and steel scrap to consumers orthdr broTcers)-(a) Licenserequired. Alicense as a condition of selling is re-quired of every dealer selling to a con-sumer (and in the case of iron and steelscrap to a consumer or his broker) anywaste, scrap or salvage material forwhich maximum prices are establishedby the price schedules and price regu-lations specified in paragraph Cb) hereof.No person whose license is suspended inproceedings under section 205 Wi) (2) ofthe Emergency Price Control Act of 1942shall, during the period of suspension,sell any waste, scrap or salvage mate-rials as to which his license to sell issuspended.

Cb) License granted. $ *c) Registration of licensees. * *d) License not transferable. * = *

(e) .Suspension of license. *Wi) Definitions. * 0 *(g) Effective date. * 0 *(3) Amendment No. 2 (§ 1305.7) to

Supplementary Order No. 5 shall becomeeffective November 25, 1942.(Pub. Laws 421 and "/29, 77th Cong.; E.O.9250, 7 P.R. 7871)

*Cbp1ca may ba obtained from the Ocae ofPrice AdminLtration.

17 F-H. 3403, CMT.

9723

FEDERAL REGISTER, °Tuesday, November 24, 1942

Issued this 20th day of November 1942.LEON HENDERSON,

Administrator.IF. R. Doe. 42-12189; Piled, November 20, 1942;

3:41 p. m.]

PART 1315-RUBBER AND PRODUCTS ANDMATERIALS OF WHICH RUBBER IS A COM-PONENT

[Ration Order 1A.1 Amendment 1]TIRES, TUBES, RECAPPING AND CAIMELBACKA rationale for this amendment has

been issued simultaneously herewith andhas been fied with the Division of theFederal Register,*

Section 1315.1198 (a) is amended, anda new § 1315.1199 is added, to read asfollows:

§ 1315.1198 Effective date of RationOrder No. IA. (a) Ration Order No. 1A(§§ 1315.151 to 1315.1198 inclusive) shallbecome effective December 1, 1942.

a * * * *

§ 1315.1199 Effective dates of amend-ments. (a) Amendment No. 1 (§§ 1315.-1198 and 1315.1199) to Ration Order No.1A shall become effective November 22,1942.(Pub. Law 671, 76th Cong., as amendedby Pub. Laws 89, 421 and 507, 77th Cong.;E.O. 9125, 7 F.R. 2719, issued Apr. 7. 1942,W.P.B. Dir. No. 1, 7 P.R. 562, Supp. Dir.No. 1Q, 7 F.R. 9121)

Issued this 20th day of November 1942.- LEON EENDERSON,

Administrator.

[F. R. Doe. 42-12186; Piled, November 20, 1942;3:41 p. m.]

PART 1347-PAPER, PAPER PRODUCTS, RAWMATERIALS FOR PAPERS AND PAPER PROD-UCTS

[MPR 329,2 Amendment 11]

WAXED PAPER, ETC.Papers affected:

Waxed paper.Envelopes.Paper cups, paper containers and liquid

tight containers.Sanitary closures and milk bottle caps.Drinking straws.Certain sulphate and certain sulphite

papers.Certain tissue papers.Rope and jute papers.Technical papers.Gummed papers.Tags, pin tickets and marking machine

tickets.Glazed and fancy papers.Resale book matches.Unprlnted single weight crepe paper in

folds.A statement of the considerations'in-

volved in the issuance of this amend-ment has been issued simultaneously

*Copies may be obtained from the Officeof Price Administration.

17 P.R. 9160. 9392.27 P.R..3178, 3242, 3482, 3554, 4176, 4668,

5212, 5780, 5943, 7974, 8939, 8948, 9132.

herewith and has been filed with theDivision of the Federal Register.*

The words "Standard grocer's andvariety bags" in the title, which here-after reads as set forth above, paragraph(a) of § 1347.12, and subparagraph (17)of § 1347.22 (a) are hereby revoked.

§ 1347.25 Effective dates of amend-ments.- * * *

(k) Amendment No. 11 (§§ 1347.12 (a),1347.22 (a) (17)) to Maximum PriceRegulation No. 129 shall become effectiveNovember 27, 1942.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 F.R. 7871)

Issued this 20th day of f ovember 1942.LEON HENDERSON,

Administrator.

[P.R. Doc. 42-12188; Piled, November 20,1942;3:41 p. m.]

PART 1347-PAPER, PAPER PRODUCTS, RAWMATERIALS FOR PAPERS AND PAPER PROD-UCTS

[M PR 182,1 Amendment 3]

K{RAFT WRAPPING PAPERS AND CERTAIN BAGPAPERS AND CERTAIN BAGS

A statement of the considerations in-volved in the issuance of this amend-ment has been issued simultaneouslyherewith and has been filed with theDivision of the Federal Register.* Thewords "Certain Bags" in the title, whichhereafter reads as set forth above;§§ 1347.305 (a), 1347.306, 1347.307, 1347.-308a, subparagraphs (2) and (3) of§ 1347,311 (a) are amended; and threenew §§ 1347.315, 1347.316 and 1347.317are added; as set forth below:

§ 1347.305 Records and reports. (a)Every persoff making a Purchase or salein the course of trade or business of Kraftwrapping paper or Kraft bag paper afterJuly 28, 1942, or of standard grocer's orvariety bags after November 26, 1942,shall keep for inspection by the Office ofPrice Administration for so long as theEmergency Price Control Act of 1942 re-mains in effect, complete and accuraterecords of each such purchase or saleshowing the date thereof, the name andaddress of the purchaser or seller, theprice paid or received, the quantity andgrade bought or sold.

§ 1347.306 Export sales. The maxi-mum price at which a person may exportKraft wrapping papers or Kraft bag pa-pers or standard grocer's or variety bagsshall be determined in accordance withthe provisions of the Revised MaximumExport Price Regulation 2 issued by theOffice of Price Administration.

§1347.307 Adjustable pricin g. Noperson shall enter into an agreement per-mitting an adjustment of prices to pricesin excess of the maximum prices estab-lished by §§ 1347.301 (a), (b) and (c),1347.315 and 1347.316, in the event of thisMaximum Price Regulation No. 182 be-ing held invalid~or upon any other con-

17 P.R. 5712, 6048, 7974, 8997, 8948.2 7 P.R. 5059, 7242, 8829, 9000.

dition, except that any person may offeror agree to adjust or fix prices to or atprices not in excess of the maximumprices in effect at the time of delivery. Inan appropriate situation, where a peti-tion for amendment requires extendedconsideration, the Administrator may,upon application, grant permission toagree to adjust prices upon deliveriesmade during the pendency of the petitionin accordance with the disposition of thepetition.

§ 1347.308a Licensing. The provisionsof Supplementary Order No. 19, licensingdistributors of paper and paper products,are applicable to every distributor sellingany of the commodities for which maxi-mum prices are now or hereafter estab-lished by Maximum Price Regulation No.182. The term "distributor" shall havethe meaning given to it by Supplemen-tary Order No. 19.

§ 1347.311 Definitions. (a) W h enused in this Maximum Price RegulationNo. 182, the term:

*' * * *

(2) "Manufacturer" includes any per-son who manufactures any Kraft wrap-ping paper or-Kraft bag paper or stand-ard grocer's or variety bags covered bythis Maximum Price Regulation No, 182,and any person who distributes or sellsKraft wrapping paper or Kraft bag paperor standard grocer's or variety bags asa del credere agent or other representa-tive of a manufacturer.

(3) "Merchant or distributor" includesany person who buys Kraft wrappingpaper or Kraft bag paper or standardgrocer's or variety bags in any quantityfrom a manufacturer or other seller, andwho resells such paper.

* * * S *

§ 1347.315 Manufacturers' maximumprices for standard grocer's and varietybags. On and after November 27, 1942,regardless of any contract, agreement,lease or other obligation, no person shallsell or deliver, or offer, solicit or attemptto sell or deliver standard grocer's orvariety bags listed in paragraph (b) ofthis section, rind no person shall buy orreceive, or offer, solicit or attempt to buyor receive standard grocer's or varietybags listed in the aforementioned para-graph in the course of trade or business,at prices higher than the maximumprices set forth In this section and§ 1347.316. The provisions of this sec-tion and § 1347.316 shall not be applicableto sales or deliveries of standard grocer'sor variety bags to a purchaser, if, prior toNovember 27, 1942, such standard groc-er's or variety bags have been received bya carrier, other than a carrier owned orcontrolled by the seller, for shipment tosuch purchaser.I (a) Preliminary explanation. Themaximum prices as hereinafter set forthare computed on the basis of industrybase price lists, which lists are includedin § 1347.317. The maximum manufac-turers' prices are set forth in terms of dis-counts of 5% each- from the basic listprice, then 5% off the resultant figure,and so forth, and may be ascertained byreference to the list and discount compu-tations included In § 1347.317,

9724


(b) Tabulation of maximum prices insales by manufacturers.

Grades

Maximum prices inbasic discounts fromstandard base lists I

Self-opening (automatic) Mrs tgrocer's bags --------- 26/5s

Square & fiat Kraft grocer's bags. 27/5sSelf-opening (automatic) White

Md F. grocer's bags---- - 22/53Square & Rat white M. F. grocer's

bags ----- - -----------.-. ---- 23/5sGarment and pants bags:

30# M. F. Brown Emt -------- 10/5s25# .P. Brown Eraft -------- 12/5s

Liquor bottle bags 35 # M.F.BrownKraf ------------- 26/5s

Millinery and notion bags:25# L. F. Brown stripe Kraft 25-11/5325- M. G. Grey stripe Kraft-.... 25-10/5325.- as F. Brown Eraft-..... 25-12/5s25z M F. Grey Kraft..... 25-11/5s30# Ms. F. Brown Kraft-...... 25-10/5sso- L. F. Grey Krat ........--- 25- 9/5s

Shopping bags '...... 18/5sStandard, poultry, and bundle

sacks ---------------------- 27/5sSugar bags-- .26/5s

'These discounts are from the respectiveindustry base lists. The lists and computa-tions of discounts are set forth In § 1317.317herein.

'Brown U. F. Kraft in the basis weightsas stated in the simplification report sub-mifted to the War Production Board by Con-servation Committee for the Paper Bag In-dustry.

(1) The maximum prices establishedin paragraph (b) of this section are themaximum prices per thousand bags incarload lots, Zone A' f. o. b. mill, lowestavailable carload rate of freight allowedto destination point. The lowest avail-able carload rate of freight means thelowest freight rate for shipment of car-load quantities by the means of trans-portation available at the time of ship-ment.

(c) Differentials applicable to sales bymanufacturers. In sales by manufac-turers, there may be added to the maxi-mum base prices established in paragraphC ) of this section the following differen-tials in only such -ases- in iihich suchdifferentials are applicable: .(1) Deliveries to zones other than A,in carload lots, f. o. b. mill, lowest avail-able rate of freight allowed to destinationpoint:

(i) Zone B -1/5.less than basic dis-count.

(ii) Zone- C--2/5s less than basicdiscount.

(iii) Zone D -- Same as Zone A'(2) For I. c. I. orders: %s less than

basic discount.. (3) For other grades of variety or oddbags, there shall be subtracted from orthere may be added to the maximumprice for popular weight self-opening(automatic) Kraft grocer's bags set forthin paragraph (b) of this section, the dif-ferential between such grades and popu-lar weight self-opening (automatic)Kraft grocer's bags actually employed bythe manufacturer in sales or deliveriesduring the period from October 1, 1941,to October 15, 1941, Inclusive, to a pur-chaser of the same class.

'Applicable In sales of standard grocer's orvariety bags.

Within 10 days after the firsb Baleinvolving the application of any such dif-ferential subsequent to the effective dateof this Amendment, the seller shall sub-mit to the Office of Price Adminis-traton,Washington, D. C., a report, signed underoath, setting forth the amount of suchdifferential, to what the differential wasapplied, the purpose or use of the bags towhich such differential was applied, andthe estimated tonnage of such bags towhich such differential was applied, to bemanufactured during the succeeding sixmonths. The differential Eo reportedshall be subject to adjustment or dis-approval at any time by letter of theOffice of Price Administration.

(d) Definitions. When used In thisAmendment No. 2, the term:

(1) "Standard grocer's or variety bags"includes all types of grocer's bags(squares, fiats, self-opening (automatic),and sacks), millinery and notion bass,liquor bottle bags, banana bags, candybags, doughnut ba!s, garment and pantsbags, laundry bags, nail bags, shoppingbags and sugar bags, excluding bags madeof specialty papers and transparent ma-terlal

(2) "Bale" includes a shipping bundleor unit containing the number of bagsspecified n the standard industry netprice discount tables for the particularsizes and types of standard grocer's orvariety bags involved.

(3) Base list means industry list.Basic discount means discounts from thebase list as used* In this regulation.

(4) "Purchaser of the same class" re-fers to the practice adopted by the cellern setting different prices for commodi-

ties or services for sales to different pur-chasers or kinds of purchasers (for exam-ple, manufacturer, wholesaler, Jobber,retailer, government agency, public insti-tution, individual consumer) or for pur-chasers located in different areas or fordifferent quantities or grades or underdifferent conditions of sale.

(5) "Zone A" includes Texas, Oklaho-ma, Kansas, Nebraska, the cities of Aber-deen, Watertown, Brookings, Sioux Falls,Hurbn and Mitchell In South Dakota,the cities of Grand Forks, Fargo andWahpeton in North Dakota and all thecontinental United States east of thisregion.

(6) "Zone B'1= includes New Mexico,Colorado, Wyoming and the areas ofNorth Dakota and South Dakota not In-cluded in Zone A.

(7) "Zone C" 'includes Montana, Utah,and all of Idaho and Nevada not includedin Zone D.

(8) "Zone D" 1 ncludes Washington,Oregon, California, the cities of Renoand Las Vegas in Nevada and the citiesof Coeur D'Alene, Wallace, Moscow, Lew-iston, Weiser, Boise and Nampa In Idaho.

§ 1347.316 Merchants' or distributors'maximum Prices for standard grocer'and variety bags-(a) Sales to personsother than merchants or' distributors.The maximum price shall be the manu-facturer's price as established in § 1347.-315 (b), plus the differentials set forthin § 1347.315 (c) (1) and (2) when ac-

, Supra.

tually charged by the manufacturer(with the exception stated in paragraph(a) (1) below), plus the following mark-ups:

Marl:-up (cee standardindustry base lists andl

quantity in bales: dic-count tables)L= than 12/5sLzo s .than .............. 12/S1 to 1= thanflS------------- -6/5s5 to lc than 10 ------ 515s10 to lee3 than7... 4/75 to le= than 00 - ...-.....-. 315s300 to Ic-cz than carload_------- 2/5zCarload 1/5

(For example, where the manufac-turer's maximum price In basic discountsfrom the standard base list amounts to26/5s, the mark-up is computed by de-ducting the appropriate number of 5sfrom such 26/5s; In a sale of 5 to lessthan 10 bales, the mark-up is deter-mined by deducting 515s from such 26/53,resulting In a maximum price whichamounts to 2115s In discounts from suchbase list.)

(1) On sales of standard grocer'sbags and sacks the manufacturer's dif-ferentials for i c. 1. shipments as setforth n § 1347.315 (c) (2) may in noevent be Included in a determination of-the maximum price of the merchant ordistributor.

(b) Sales to other merchants or dis-tributors. The maximum price shall bethe manufacturer's price as set forth in§ 1347.315 (b), plus the differentials setforth In § 1347.315 (c) (1) and (2) whenactually charged by the manufacturer(with the exception stated n paragraph(b) (1) below), plus the following mark-ups:

Zfar:-up (see standardindustry base lists and

Quantity In balea: discount tabes)L-3 than 1 . ..... 615s1 to lc: than 5_-_------____ 315S5 to l= than 105............. - 2,i,510 or mo .... -2/5s

(1) On sales of standard grocer's bagsand eacks the manufacturer's differen-tils for 1. c. L shipments as set forth in§ 1347.315 (c) (2) may In no event beincluded In a determination of the maxi-mum price of the merchant or dis-tributor.

(c) Charges for delivery in sales bymerchants or distributors. (1) Themaximum prices established in this sec-tion shall be f. o. b. point of delivery forshipments to points within a free deliv-ery zone or area within which the mer-chant or distributor customarily shippedor would have shipped on such basis dur-ing the period from October 1 to October15, 1941.

(2) On sales of less than carload lotsto points outside the recognized free de-livery zone, the merchant may add thedifferential which he charged during theperiod October 1 to October 15, 1941, or,if he made no such sale, which he wouldhave charged on such deliveries to pur-chasers of the same class, or the actualfreight, whichever is lower.

(d) For sales Involving shipment fromthe manufacturer directly to a personpurchasing from a merchant or distribu-tor, the maximum prices shall be those

9725


established in paragraph (a) of this sec-tion.

(e) For sales in carload lots involvingshipment from the manufacturer to aperson purchasing from a merchant ordistributor where local delivery by themerchant or distributor from a ware-house or rail siding is required, theremay be added to the maximum price es-tablished herein the actual delivery ex-pense (except that no rail freight shall

be included), which in no event shallexceed the applicable local common car-rier rate; and such expense shall be sepa-rately included in the Invoice or otherevidence of sale.

§ 1347.317 Base price lists and com-putation of discounts. The basic manu-facturers' price lists, and the computa-tion of discounts off such lists, as re-ferred to in this regulation, are as setforth below:

GROCERS BAGS

BASE LIST AND NET PRICE DISCOUNT TABLES

Bagslze ..... Net 4 3 1 2 3 4 5 6 7 8 0 11 12 14 16 20 25 0 35co eston

List price.._ $100 L70 L90 2.40 2.803.30 3.90 5.005.90 6.40 6.7 7.40 7.0 8.30i10.0 11.20 12.40 13.50 1.0 18.10

1/5 --- 9-.00 L62 L81 2.28 2.66 3.14 3.714.755.616.08 .37 7.03 7.517.89 9.98 10.64 11.78 12.83 14.25 17.202/5 ... 00. 25 L 541 712.17 2. 53 2.98 52 4.515.32 5.78 6.05 6.68 7.13 7.49 9. 48 10.1111.19 12.18 13. M 16. 343/5 -------- 85.74 L46 1632.06 2.40 2.83 3.34 4.298.06 .49 5.74 6.34 6.77 7.12 9.00 9.60 10.63 1167 12.80 15.524/5 --------- 8L 45 1.39 L 55 195 2 28 2.69 3. 18 4. 07 4. 81 21 . 46 6.03 . 43 6. 76 8. 9.12 1.1 1.00 12.22 14.74515 ---------- 77.381.32 L 47 L 86 2.17 2.55 3.02 3.87 457 4.95 5.18 5.73 6.116.42 8.12 8.67 P.60 10.451L01 14.016/5 --------- 73. 51L 25 L 401.76 Z02.422 87 3. 68 .34 L70 43& .44 .81 &.10 7.72 8.23 9.12 0.9211.03 13.317/ ........ 69.83L19L331.68L62.302.72 3.4 124.474.68 5.17.525.80 7.33 7.82 8.66 0.4310.4712.6485....;- 66.34L13L26L59 1862.12. 3.32 3.914.25 .44 4.15.246.51 8.07 7.43 8.23 8.06 9. 0 1.010/5'------..-. .021.0712051.51172.02.46 3.153 .72 .0 4.22 4.06.98.23 6.62 7.06 7.81 8.&51 9.4511.411015- 59.87L02 L14L44LS1.30832.9 93. 3 .83 4.01 434.734.97 6.29 6.71 7.42 8.08 .08 10.811/5 ---------56M88 971. 08L37 L 59 L 88 2.22 2. 84 3.36 3.6 3.81 L214.49 4.72 &97 6.37 7.05 7.68 .6310.3012/5 ---------- 54.04 .921.031.301.51L 78 2.112.70 .19 3.46 &.62 4.004.27 4.48 &67 6.05 6.70 7.30 8.11 9.7813/5 --------- 51.33 .87 981.23L44 L692. 00 2.57 3.03 3.2 3.44 3.90 4.06 4. 26 5.39 .75 6.36 6.93 7.70 9.2014/5 ---------- 48.77 .83 .931.171371.611. 90 .44 2.88 3.12 3.27 3.613.854.05 &12 6.46 6.05 6.68 7.32 8.8315/5- ... 46.33 .79 .881.111.30 .53 1.812.32 2.73 2.97 3.10 3.433.663.85 4.86 8.19 .74 6.25 0.95 8.016/5-' ... 44.01 .75 84 1.06 1.23 1.451.72 2.20 2.60 2.82 2.95 . 486 4 3.65 4.62 4.93 .46 .04 6.03 7.9717/5--....-... 4181 .71 .791.00L17 L381. 632.09 .2.47 2.8 3/093.3603.47 4.30 4.08 5.18 5.G4 6.27 7.5718/5 ---------- 39.72..68 .71 .95 1.111.311.5 1.99 34 2.54 2.66 2.94 3.14 3.30 4:17 4.45 4.93 6.36 .06 7.1919/5 ......- 37.74 .64 .72 .911.6125 147 1.8 2.23 .42 Z53 2.79 2. 98 3.13 3.96 4.23 4.68 5.00.5.66 8.8320/5 .......... 35.85 .61 .68 .81.0031.18 1.40 1.79 2.12 2.292.402.652.832.98 3.76 4.02 4.45 4.84 5.38 6.4921/5 --------- 34.08 .58 .65 .82 0951.121.331 70 2.0 18Z 28 2..22 2. 69 2. 83 3.58 3.81 4.22 4.66 5.11 6.1022/5- 52.35 .55 .61 .78 .911.071.26 1.62 1.912.07 2.172392Z5662.69 3.40 3.62 4.01 4.37 4.85 5.8G2315 ---------- 30.74 .52 .58 .74 .86 .011.5 1.811.973Z062.272.432.55 3.23 3.44 3.81 4.15 4.61 5.5024/5 --------- 29.20 . 0 .55 .70 .82 .6 1.14 1.461.72 1.871.062.16Z312.42 3.07 3.27 3.62 3.94 38 5.2325/5 - ..... 27.74 .47 .53 .67 .78 .9 1.08 1.39 1.63 1.781.86 2.05 2.19 2.30 2.91 3.11 3.44 3.74 1 5.02265/ 2 ---------- 2.35 .45 .50 .63 .74 .87 1.03 1.321.551 .691771.952.082.19 2.77 2.05 3.27 3.56 3.95 4.7727/5 -.... 2.01 .43 .48 .60 .70 .8 . 8 L25 1.481.60 1.63 1.851.98 2. 08 2.63 2.80 3.10 3.38 3.75 4.532815 -------- 23.78 .40 .45 .57 .67 .78 .93 L19 1.401.521.591.761.881.97 2.0 2.66 2.95 3.21 3.57 4,30215 ......- .. 22.59 .38 .43 .54 .63 .75 .83 1.13 1.331.48L511.671.781.87 2.37 2.3 2.80 3.05 3.39 4.093015 --- 2146 .36 .41 .52 .0 .71 .84 1.071.27 1.37 1.44 1.50 1.70 1.78 Z.25 2.40 2.66 2.60 3.22 3.8631/5 .....- 20.39 .35 .39 .49 .57 .67 .80 L0 1.201.301.371.511.611.69 2.14 2.2 2.53 2.75 3.06 3.6932/5 --------- 19.37 .33 .37 .46 .54 .64 .76 .97 1.141L241.301.431.531.61 2.03 .17 2.40 8.62 2.91 3.513315 ---------- 18.40 .31 .35 -44 .5 .61 .72 .92 L091.181.231.361.461.3 1.93 2.Z 228 2.48 2.76 3.3334/5 ....-.... 17.48 .30 .33 .42 .40 .58 .68 .871.031.121.171. 91.38 1.45 1.84 1.06 2.17 2.36 2.62 3.1035/5 .....-... 16.61 .28 .32 .40 .47 .55 .65 .83 .980 1.111.231.311.38 1.74 L.86 2.0 Z24 2.49 3.0136/5 ---------- 15.78 27 .30 38 .44 .52 .62 .79 .93 1.011.06L171.251.31 1.66 1.77 1.6 2.13 2.37 2.8637/5 ......- 14.99 .25 .28 .36 .42 .49 .58 .76 .88 .9061.001.111.18 1.24 1.57 1.68 1.86 2.02 2.25 2.7138/ ....- 14.24 .24 .27 .34 .40 .47 . 6 .71 .84 .91 .95 1.05 1.12 1.18 1.50 1.591.77 1.92 2.14 2.6839/5 ....-... 13.53 .23 .26 .32 .38 45 .53 .68 .80 .87 .911.00 1.07 1.12 1.42 1.52 1.63 1.83 2.03 2.4540/5 --------- 12.85 .22 .22 .31 .36 .4 .50 .61 .76 .82 .86 .951.021.071 .38 144 1. 91.73 1.03 2.33

M'sperbale- 12 10 8 6 5 4 3 3 2 2 2 2 2 1 1 1 1 1 1

BASE LIST AND NET PRICE DISCOUNT TABLE

DRnY CLEANER OR GARMENT-DELIVERY BAGS PANTS BAGS

Bag SIZO ---------------- : ........... Net 0" 36" 40" 0" 54" oo" 18x30 18x32-ost on-

List prlce ........------------------ 1 $I0 12.50 14.80 16.60 19.90 21.50 23.00 10.40 11.00

1/5 -------------------------------- 9 5.00 11.88 14.06 15.77 1. 91 20.43 22.71 9.88 10.45215 -------------------------------- 6 0.25 11.26 13.36 14.98 17.06 19.40 21.57 9.39 9.93315 ------------------------------ 85.74 10.72 12.69 14.23 17.06 18.43 20.49 8.02 9.43415 -------------------------------- 81.45 10.18 12.05 13.52 16.21 17.51 19.47 8.47 8.08515 -------------------------------- 77.38 9.67 1145 12.84 1.40 16.64 1,.49 8.05 8.51615 ------------------------------- 73.51 9.19 10.88 12.20 14.63 15.80 17.57 7.64 8.007/5 -------------------------------- 69.83 8.73 10.34 11.59 13.90 15.01 16.69 7.26 7.0G8/5 --------------------------------- 6.34 8.29 9.82 11.01 13.20 14.26 15.86 6.00 7.30015 -------------------------------- 63.02 7.88 0.33 10.46 12.54 13.65 16.06 6.55 0.0310/5 ------------------------------ 59.87 7.48 8.86 9.04 11.91 12.87 14.31 6.23 6.6011/5 -.......--------------------- 56.88 7.11 8.42 9.44 11.32 12.23 13.59 5.92 6.2012/5 ------------------------------- 54.04 6.76 8.00 897 10.75 11.62 12.91 8.62 6.913/5 ------------------------------- 5 1.33 6.42 7.60 8.52 10.22 11.04. 12.27 5.34 5.6514/5 ------------------------------- 45.77 6.10 7.22 8.10 9.70 10.49 11.66 5.07 5.361515 ------------------------------ 46.33 5.70 6.86 7.69 9.22 9.06 11.07 4.82 5.101615 -------.----------------------- 44.01 5.50 6.51 7.31 8.76 9.40 10.52 4.68 4.8417/5 ----- L ----------------------- 4 1.81 .23 6.19 6.94 8.32 8.99 9.99 4.35 4.60185 ------------------------ 39.72 4,97 8.88 0.59 7.90 8.54 9.49 4.13 4.371915 ----------------------- 37.74 4.72 5.58 6.26 7.51 8.11 9.02 3.02 4.1620/5 ------------------------------ 35.85 4.48 5.31 5.05 7.13 7.71 8.57 3.73 3.9421/5 ----------------------- 34.06 4.28 5.04 8.65 6.78 7.32 8.14 3.54 3.7522/5 ---------------------- 32.35 4.04 4.79 5.37 6.44 6.06 7.73 3.36 3.5623/5--------------- 30.74 3.84 4.55 5.10 6.12 6.61 7.35 3.20 3.3824/5 ----------------------- 29.20 3.65 4.32 4.85 5.81 6.28 6.08 3.04 3.2125/5 ------------------------------- 27.74 3.47 4.11 4.60 &52 5.96 6.63 2.86 3.01

9726


LIQUOR, BOTTLE BAGS

(Brorss)

D1count table

Size .................................................... .. .... 3 lp-t lpint Quart -

Blss0 lst-................................ ~ 3.00 3.59 5

231--------------------------------------- --- ----- -- .-- -.. 1.120.......................................... .......... ...... .. st i.o9 1.40. .15---------................. 5 L 1. ]4

2/....................................................................... .. 5 1.22

2915----- 74S.1205 - . . . . . . . . . . . . . . . ..-------------------------- .71 .S2 1.10

. ................................................................. . .i 1.13215....................................................................... . 4 .74 L3331/......................................................... .50 .70 1.0

35M -----..-----------------.----------.-............. . .3 .3 .2

STANDARD BILLINfERY AND NOTION BAGSB1sn LmT Ann N=' P225 Dsor;T TABTSs

Net IBaglze... cost 4x0J 6 x7M x 011 7,1xlo0w $5!xil I0xI3 12x13 I5xlI 17x21 21x24

onList pr-ice - $100 L.15 1.45 20 2 o0 3.1- W CEO &3 7470 10.M0 I,-O

25 --- 5-- 00MO .&G 1.0 L.54 1.05 203 3.0 C 3 .%03 f.7'a1 7. 0 10.5325-1/5-....... 71.25 . 1.03 .40 .LF5 14 2.F5 3.73 &43 7.13 19.325-W5 - 0------ 67.9 .78 VS 1.9 L70 2.0 2,.71 .,9 r.21 0.77 9.8225-3/5 - 0------ 4.20 .74 Q3 L.2 L67 1.3 t.7 4.41 4.V5 r.43 9.3225- ------. 1.. 09 . .9,0 1'9 .. 3 L44 0.2 4.70 0.11 M .E25-5f5 -----. M03 .7 F4 1.1I 1.5 1.74 2.22 2.C3 4.47 &ED5 8.4125-615 -.... . M13 .3 .E1 .13 L43 L. 2.21 2.C2 4.25 .01 7.425-71.5 .------ 62.37 , .-go 1.07 1 L3 L,7 2.0 .7 4.03 &21 7.-925-3/5- 49.75 .67 .72 L 0 L 1 L49 1.5 2.0C4 M3 4.C3 7.212 5 - 47.26 Z4 .0 .57 L23 L42 2. 0a 3.C1 4.73 M525-1015 ------- 44.20 t2 .5 2 L17 1.35 15 2.Z3 3.45 4.49 0.5125-115 ----- 42.04W .49 .12 .57 1.11 L.23 1.71 2.= 1:3 L.27 R. 1925-1215-----40.52 .47 .0 . E3 L.93 L.2 1.02 L 2.15 1.12 4.C5 &E5325-115 ---- 28. .44 X)0 .79 1.00 1.10 15M 2.01 2.V0 3.5 &.2

251f ----- .&57 .42 .23 .7395 Q LID 1.1 143 10LM 2.E2 3.0 CG .2025-1515 .----- 34.74 .40 0 .71 .0 L LC4 L0 181 2.7 3.47 5.01

251/ --- 33.00 S23 .43 C03 F5 .19 L.P2 1.75 2.[4 3.0 4.7025-17/5 . 2--- . 3 .L0 .45 .64 .P2 .X1 12 L7 2.41 3.14 4.Z52-1/5 ----- 29.70 .24 .43 .01 AD7 51 1.03 Z29 2.03 4.225-1915...-... 2.30 .3 .41 -3 .74 .5 1.13 L 2.13 2.E3 4.1025-20/5 .2---- 5MS .31 .9 -1,5 .70O .51 1.03 1.42 207g 2.0 C) CID

LIST AND DISCOUNT TABLE FOR IIANDLE SHOPPING BAGS

-ize ..... ---......................... 141 x 171-471 17 x Mi7?-53 17 x :0-516-Nct

Basl wgt ----- --................... on 7a 5 To 01 73 ED

Listpe ... ...... ......... VSC to 400 4C.0 43.09 4.0to 49.00

15.- ----------. - ------ PS. 0 Z4.3 Q Z00W 03.03 4L.M3 41.23 4C%,52215s..............--- ----------- CO. 22 M22 91 .1 M o 27.00 M0.9 09.203 4L=2315s ................................. 5. 5.74 21.-9 &7z.0 2..15 Z7.c0 37.0 42.01415s ................................... 81.45 9. 73 2.03 23.09 25.43 2.43 29.01.5s ........................-..... 77.:3 2.2 M. C5 31.73 3. l 3. 3 27. 20-5/------------------ - ---- - - in.31 03.5F3 29. 4 a 0M.14 21.03 31.03 Z 1.02715 ........................ . .---- 0.E3 2.49 27. M Q. M Z0.3 0.Z3 3.22815 ................................. cc.C4 24.21 V-4 M 27. M3 Z3. 2.G 5 a2.51

1s ---------------------.-----..... 03. C,2 23.0 2z.21 OXSI 27.41 27.41 2.E31iQs .................................. 9.67 21.E5 29.35 2LrS -I.fN Z.0 4 29.Z411/5 -................................ ..- 3 .7 0 1 22.75 23.22 2L74 24.74 27.T12/53-------------------------------- 51.01 19.72. 2L1.l- 22.10G 23.51 03.1 20, .431315s .................................. .51.33 16.74 M 3 21. M3 22.3 2. 152.1515S--/................................. 4.7 17.- 14.51 MW 21.21 21.21 21. 0o15/5s ............-................... 40.2 3 1M.DI 1.3 13.00 I0.15 5.0.15 22.4916Is ............................... 944.01 10 L.0 17.C9 1M.01 19.14 1.14 21.4C17/1s ................................ 417.51 15=3 10.7. 17.14 1.10 16.10 20.4318 --s.................................. .72- 1-.--- 15.9 r1 t9 17.t23 17.23 19.4'191------------------ -------------- 37.74 M 13 1 1% 10 1M47 10.42 16.42 19.43201/5s .................................. 3L3.5 13.09 14.I2 1.09 1 9. 1.9 17.5721/,5s .............................. 12.43 13. -2 13.0-W 14.P2 14.82 10.02215s--------------------- - P2.25 11.81 12.91 13.230 14.97 14.07 13.55 F2s-- -- ................................. Z-174 1L22 12.09 12.0 13.27 13.27 1". 6241s . .......... ..-. ..... .0 1C3 I.L3 11.07 12.70 12.70 14.3125LS ................................ 7.7 10.13 11.10 11.37 12.7q 12.7 13. E3

9727

No. 230-11

FEDERAL REGISTER, Tuesday, November 24, 1942STA-NDARD SAC'KS

No l.x - "16 bbl. 1335 x 24 x 4N NI f. 17 x 29]& x 6

Basis weight --------....... 40# m0i 40# W W0 40§. W 60" 709 M0

List price -------- .... - " ---- IL40 17.0 20.20 23.90 28.60 31.20 37.70 42.70 Z0.00 56.00

115 -------------.-....-.---- 13.68 16.63 19.19 22.71 27.17 29.64 35.82 40. 67 47. 50 53.20215 ----------.-.-.---------- 13.00 15-79 M8.23 2L 57 "25.81 28.16 3L 02 M .54 45.13 M0 5_,43/5 ------------------------- 12.35 15.00 17.32 20.4t9 24.52 26.75 32.32 26.61 42.87 4&.01

--5 -. .-------- . .-- ..- ..-.- 1173 14.25 1M 45 19.47 23.29 25.41 M .71 '34.78 40.73 46.61

5/ ................... IL 14 13. M4 15 63 X 8 49 22.13 24.14 29.17 33. 04 38.69 43. 33

0 .5 ----------------------.... 10.59 12.8G 14.85 17.67 21.02 22.93 27.71 3139 20.75 41.177/. ---........... 10. 06 I2.22 14.11 X169 19. 97 21.79 20. 33 29. 82 34. 02 39.1185_ ........- 9.5 5 11. 61 13.40 M5.86 M8.97 21.70 M5.01 2&.33 33.17 37.15915 ------------- 9.08 11.0D3 12.723 15.0 O 103 I9. 66 23.76 M691 31. M 35.291015 ----------- ......... 8. 62 1. 48 12.0 14. 31 17.12 18.68q 22. 67 25.57 29. 04 33. ,31115 -------------- ': ....... &10 -9.95 11.49 13. 59 16.27 17.75 21.44 24.29 28.44 31.8,51215 ------------------------ 7.78 9.46 "10.92 M291 "15.45 MEG8 20.37 23.07 27.02 30.261315 -----------.-.-.-------. 7.39 8&.98 10. 37 -12. 27 14. 68 16.02 19. 35 21.902 2&. 67 28. 7514/5 ------------------------ 7.02 -8&53 9.85 11.66 13.95 15.22 M8.39 20.82 24.38 27.311515 ------------------------ 6. 67 8.1U 9. 36 IL 07 13. 25 14. 45 17. 47 19. 78 23.160 25.0941615 ------------------------ &.34 7.70 89 10.52 12.69 13.73 1G..69 1.79 22.01 24.65

•17/5 --------....----------.. 6.02 7.32 &.45 9.99 11.96 13.05 15.76 17.85 20.01 23.411815 ------------------------ 5.72 6.95 8.02 9.49 11.36 12.39 14.97 M6.96 19.86 22.241916 ..............-- ..... &43 6.60 7.62 9.02 10.79 IL 77 14L23 16.11 M887 21.132015 ----------------------.. 5.16 6. 27 7. 24 "M. 7 19.25 11.18 -13. 51 15. 31 17. 02 20. 032115 ----------------------.. 4.00 5.06 0.88 & 14 9.74 10.63 12.84 14.54 17.03 1. 0722/5 --.-.-.---.--.--.-.--.- 4. 66 5.6 6 6. 54 7. 73 9. 25 10. 09 12. 20 13. 81 1.18 18.1223/5 ----------------------.. 4. 43 5. 38 6. 21 7. 35 8. 79 9.569 11. 59 13.12 15. 37 17. 2124/5 .................... 420 Ell 5.90 6,08 8.35 9.11 U1.01 ,12.47 14. GO 1C,352515-:. ---------------------- 3.09 4.85 5.60 6.63 7.93- 8.65 .10.46 11.84 13.87 15. 532615 ----------------------.. 3.79 4.61 5.32 6.30 7.54 8.22 9.93 11.25 13.18 14.7627/5 ------..-.----- ..... .60 4.38 5.00 5.98 7.16 - 7. 81 0.44 10.69 12.62 14.0228/5 ---------------.-.-.---. 3.42 4.16 4.80 5.68 6.80 7.42 8.97 10.16 11.89 13.322915 .........--- ....... 3.25 :3.95 4.56 5.40 6.46 7.05 &.52 9.65 11.30 12.C53015 -------.-.---.-.-.-.-.-- 3.09 2. 76 4.34 .5.13 6.14 6.70 8.09

" 9.17 10.4-3 12.02

31/5 ------.-.-. : ----...... 2.94 2.57 4.12 4.87 5.83 0.36 7.69 Ml7 10.20 11.4232/5 ----------------------- Z79 -2.39 :3.91 4.63 5.54 6.04 7.30 &.27 9.09 10.853315 ------------------------ 2.65 3.22 :1.72 4.40 5.2G 5.74 6.04 7.86 9.20 10.303415 -------.-.-.----.-.-.-.- 52 3.06 3.53 4.18 5A 5.45 6.59 7.47 8.74 9.79W55 .......... --.-- -........ Z39 2.91 3.35 :3.97] 4.75 ! 5.78 6.26 7.09 8.30 9.303615 ------.-.--------.-..-.- 227 2.75, 5:1 i .77r 4.51 4.92 F.95 r,.74 7.89 8.1

POULTRY SACKS

No bb]. 16 bbl.12 x 19 jx j 145 x 21x +Y

B Ses Weight ---- 40# 50# CO6# 419 GO# 60# :Basis weight ......... ...... - ---- Z# CO# Basis weight. Siz N 59 . 0 1# 20 W

List price ------- 14.80 M820] 21.90 1&.6 60 2.M80 List price ----------------------- -.. 27.90 33.00 List price .... 5.55 0.70 11.05 10,85 184 0 10.46

115 .............. 14.(CC 17..91 20.81 17.67 21.4W, 23..-45 !5 -------------- -----------.. -----. 26.-51 31.35 1/5 ........... 5.27 6.37 11.35 10.01 17.10 18.492/5 -------------- 13. 2C 16.Q3 19.7f J.7 11 0.40 24.19 2/5 -.............................- 25.18 29.78 2,5 ............ 5.01 GAS 10.78 15.21 10. 2Z 17. r-5316 -------------- 12.6G9 15.60 M6.7 15.95 19.3S 22.98 315 -------------------------------- 23.92 M .29 15 ............ 4.76 0. 74 10. 2 14.4f5 5.43 16.614415 -------------- 12.05 14.82 17.84 15.15 M8.41 21.83 4/5 ---.................... --....... 22.72 26.88 415 ............ 4.65, 5,46 9,73 13.72 14, CC 1& 91115 -------------- 11.45 14.08 1065 14.39 17.49 2D. 74 515 ------------...................- 21..19 25.53 5/, ............ 4.29 5.18 Q. 2 13.04 13.0W 15.,"65 .............. 10. R 13.38 1.10 13.67 16.61 19.70 615 ............. ------------------- 2. 51 24.26 6/5 ............ 4.08 4.93 8.78 12.39 13.23 14.3071 -------------- 10.34 12.71 15.29 199 15.78 & 72 715 -------------------------------- 19.48 23.05 7/-- --------.. 3.88 4.68 M.5 11.77 12,067 13. V815 -------------- 9.82 12.07 14.53 12.34 14.S9 17.78 815 --------------. - ......... - ----- 8.51 21.69 8/5 ............ M.S 4,44 7.03 1J. 18 .1M 12.009/5 .............. 0.33 11.47 13.80 IL72, 14.24 16 8 /5 ------------------ -. ............. 17.58 120. 80 15 ............ 3. MI 4.2"2 7.53 10.6i2 11,34 12.201015.: ------------ 8.S6 10.90 13.11 I1.14 13.53 16.05 1015 ------------------------------- 10.70 19.76 1015 ---------- 3.32 4.01 7.15 10. OD 10,7'8 11.6.V,11/5.............. &.42, 10.35 12.46 10. M 1M85 15.24 1115 ......................... 15. 87 18.77 1115 ---------- 316 3.81 0.80 9,. N 10,24 11.06i1215-.* ---------... 8 0 .83 11. 83 O1.05 12.21 14:48 12/5 -------------.................- 15.08 '17.83 12/5........... 3.GO 3.62 MG4 9.11 V. 73 10,6113/5 ------------- 7.0 0.34 11.24 9.55 11.0 13.76 13/5 ..................... -1---4----- ,L32 16.94 131, ........... 2 85 3.44 0.13 8.) 9.21 11,V31415 ------------- 7.22 88 10.68 9.07 11.02 13.07 14/5 -------------................- 13.61 16 09 14/5 ........... .71 3.27 5.83 822 8,78 V. 491155r ------------- 6.8G &.43 10.1 z. 862 t0. 47 12 2 1515 .......................... 1%903 15.29 1515 ---------- 2.57 3.10 6, CA 7.81 8.34 9.0!1015 ------------ 0.51 &.01 9.64 8.19 - 9.95 IL SO 1615-............. 12.28 14.-52 1615 ---------- 2.44 2.95 5.20 7. 42 7,92 8. tO17/5 .............. 6.19 7.61 9.16 7.78 9.45 IL 21 1715 .........................--.-.... 11.67 13.B0 17/5 ---------- Z2., 2.80 5.(CO 7. 05 '7.M3 8.13P,/5 ---------- 5.68 7.23 8.70 7.139 &98. 65. 1815 -------------------- .... -- 1-- -l.08 1311 1815 ---------- 2.20 I.06 4.76 0, G93 7.1t 7,7J19/5 ....-- '----- 5. W 6.87 &20 V.02 8.53 10.11 19/5 -------------........... ---.... 10.63 1Z.45 191.5 ---------- 209 206 4.51 . i 0,79 7.31.,015 ------------- 5.31 6.52 7.85 6. V7 .10 9. 61 2Q/5 -------------................- 10.00 "n.3 20/5 ---------- 1.0 Z.40 4.28 0.0 .45 0. V721/5 ............. 5.04 &20 7.46 O.3: 7.70 9.13 2115 -------------------............ 9.50 11.24 21/5 ----......- 1.89, 2.28 4.07 6. 7.1 0,13 0.6G222/5 ------------- 4.79 5.89 7709 6.02 -7.31 .,G 225 ----------..................- 9.03 10.68 22/5 ---------- l.SO Z.17 3.87 b.4 0 ,82 o1,21)2315 ............. 4.65 .59 6.73 5.72 6.95 9,4 2315 ---................ S.59 10.14 W/5 ---------- 1.71 2.0 3.o'7 .13 D. N3 5,9424/6 ------------- 4.32 5.31 6.39 5.43 &GO 7.83 2415." -------- ..................--- 8.15 9.61 41 ------- ...... .6,2 1.90 3.40 4,92 5.20 D.,025/5 ------------- 4.11 5.05 6.07 5.36 6.27 7.43 2515 ------------................... 7.74 9.15 25----------.. 1. 5 1.80 3.31 4. G7 4.[ 14, 4020/5 ............. 3.90 4.80 5.77 4.SO 5.96 7.,OG 2615 --------- ----- -............... 7.35 &.70 2,, ........... 1. 46 1.77 3.15 4.41 4.74 6,1327/5 --------- ---. 3.71] 4.56 5.48 4.66 5.66 &.71 2715 --...........................-- 6.98 &.26 27/, ............ 1.39 1.68 2.99 4,22 4.f 5l 4,872R-------------.. 3.52' 4.33 5.21 42 5.37 .37 28/5 --..........................---- 6.64 7.85 28V ........... 1.32, 1. &9 2.84 4.01 ,4,29 4,03.29/5 ............. 3.34 4.1] 4.9' 4.20 5.11 6.06 2/5_- --....................... %030 -7.46 291, ----------- 1.25 1.511 2.70 3.81 4.07 4,3130/5 -.-.-------.. 3.18 3.91 4.7M 3.99 4.86 5.75 3015-:::: ....................... 5.09 7.08 301 ........... 1.19 1.44 2. to 3,62 3.80 4.1731/5 ------------.. 3.02 3.71 4.47 -.79 4.61 5.47 31/5 ----------................ 5.69 C.73 1/5 ----------. .1. 1.1 L37i 2.44 3,41 3.07 3.0132/5 ------------- 2.87 3.53 4 3.{ ,GO 3 L &19 3215 ---------- ,5...... .. .41 &W3 3215 ---------- 1.03 1 301 2321 3.0G 3,49 3.77'3315 ------------- 2.7,2 3. 35 4.03 3. 4 4. 4.9.3 33/5 ---------................... r%.14 6.07 3315 ---------- ].02 1:23: 2.201 3:10 I N 3.3 6.,435 ............ 2.69, 3.8 3.8 3. 25 3.95 4. G9 34/5 ------------------.......... 4.88 5.77 34/5 .......... .97 1.17J 2,09; 205; 3.16 3.4035/5 ------------- 2.46 3.02 3. G 3.0! 3.7 ' 5 45 355 --------------------------.. --- .63 5 .48 35/5 ----------.. .2 1.111 1,98 2.60 2.99 3.2.330/5 ............. 2.34 2.8'1 3.4P! 2. 1 3.5N 4.23 3615 ------------------------------- 4.40 &.21 3615 .......... .F8 1.001 1.89J 2, GO 2.811 3.07

9728

- UNDLE BAGS

1IN bb]. 17 x 21 x 6 NAIL BAGS


SUGAR BAGSEXTRA HEAVY DUTY AMrOUAuC BAGs

BgSM - 1§ 2-1. 39 4Q 01 Q1 F 10; =2 141 10 1211 2:1Basis weght.... WI# W§ W W# W 0 W 5 0 51 C 1 01 G 1jQ (0I

Listprice... 3.0 5.00 6.10 6.90 .00 9.40 12 14.5I 10- S.5 S 2L E0 I 5 M

. 5 ........... 3.71 4.75 .S0 6.56 7.5C S.93 11.83 14.10 10.01 M 6 W 0.71 .23 2LCS235 ------------ 3.52 4.51 .51 6.23 7.22 .43 IL24 13.45 1M.21 17.01 10.G7 21.10 t423 /5 -......... 3.34 4.29 .23 .92 C.SS 8.0 10.67 1-77 14.45 17.02 15.03 W3.11 2.--2305 ..... 3.18 4.07 4.97 &2 0.52 7.50 10.14 12.14 13.72 10.17 17.7 10.10 21.14z15/, -------- 3.02 3.87 4.72 &34 0.19 7.27 9.63 1L3 1.C1I 1%.Z 1.37 1.15 T.CS3

/5 ----------- 2.87 3.68 4.48 3.07 5.8S 6.91 9.15 10.95 12.9 14.I9 13M5M 17.24 10.5Q7/5 ........... 2.72 3.49 4.2G 4.82 6.9 6.5 .9 10.41 1L77 13.&3 1&.- 10.23 1. 12

o5 1.... 2.59 3.32 4.05 4.S .31 .21 . 2 9.F9 IU18 13.17 1.49 1.M0 17.215 ---------- 2.46 3.15 3.84 4.35 .04 .92 7.S5 .-M 10.0C2 12.51 13.74 1L 7 1.5

1015 ---------- 2.24 2.S9 3.05 4.13 4.79 .03 7.45 8.02 10.03 1L2 13.5 14.04 15.r41115 ---------- 2. 22 2.84 3.47 3.92 4.55 .35 7.63 &.43 0.39 IL 2 13 13. Z4 L.7112/5 ---------- 2.11 2.70 3.30 3.73 4.32 t.03 .73 3.O5 9.11 10.73 1L73 1067 14.5135 ---------- 2.00 2.57 3.13 3.54 4.11 4.83 .39 7.C5 MS5 10.19 IL19 1-04 13.321415 ----. - . 0 LO 2.44 2.97 3.37 3.190 4.5&S .07 7.27 322 G.3 10.03 11.41 1-0fa155 -------- -. L1 2.32 2.83 3.20 3.71 4.35 .7 7 0.9 7.81 0.2c 10.10 10.32 12.01615 ------- 1.72 2.20 203 3.04 3.52 4.14 .48 .Z 7.42 .74 9.3 10.2 11.421715 1...... ... L63 2.09 2.65 2.59 3.35 3.93 &21 6.23 7.05 .M 9.12 9,M 10.3"

815 ---------- L5 1.9 2.42 2.74 3.18 3.73 4.95 .02 .0E 7.E9 S.63 0.31 10.311915 ----------. L47 L39 2.30 2.60 3.02 3.55 4.70 .2 G.53 7.49 .23 3.5 9.432015 ----------. L40 179 2.19 2.47 2.87 3.37 4.40 &3 .04 7.12 7.82 .41 9.2n21/5 ----------. L33 L70 2.03 2.35 2.72 3.20 4.24 .07 &74 .70 7.42 7.1) 8.8122/5 ----------. L26 1.62 197 2.23 2.59 3.04 4.03 4.52 5.45 0.42 7.0 7.03 .4)23/5 ---------- L20 L54 15 2.12 2.46 2.89 3.83 4.55 .18 .10 6.70 7.21 7. 324/5 ---------. 1.14 1.46 178 2.01 2.34 2.74 3.01 4.3a5 4.2 .80 C.37 &.F5 7.522515 ----------. LOS L39 L9 L91 2.22 2.01 3.45 4.13 4.07 C .1 0.53 c.0 7.2615 ---------- 1.03 1.32 1.61. L2 2.11 2.48 3.23 3.M3. 4.44 &23 &74 E.13 .842715 ----------- 98 L25 153 L73 2.00 2.35 3.12 3.73 4.22 4.07 3.40 5.87 .il2815 ........ .93 L19 L45 L4 L90 2.24 2.9 3.t4 4.01 4.72 3Z. 13 .3 .172915 -----------. 88 L13 133 L6 L81 2.12 2.81 3.37 3.51 4.49 4.53 &3.M .3Z0/5 -----------. 84 1.07 L31 L48 1.72 2.02 .07 3.23 3.62 4.2-3 4.C3 .03 r.V73115 ----------- 5.30 1.02 1.24 L41 13 1.92 2.14 3.04 3.44 4.05 4.45 4.7- .Z32/5 -----------. 76 .97 L18 L34 1.55 L82 2.41 2.39 3.20 3.65 4.22 4.r.4 &333/5 ....... .72 .92 1.12 1.27 1.47 1.73 2.29 2.74 3.10 3.5 4.01 4.32 4.73345--------- 63 .87 L07 L21 1.40 LA 2.18 2.01 2.053 3.47 3.51 4.10 4.5M355-----------05 .83 L01 L15 L33 L56 2.07 2.47 2X) 3.2M 3.0 3.59 4.313615- ... 62 .79 .90 1.09 12 L4S LL 2.3 2. 5 9 3.3 3.44 3.70 4.0

menCd

(a),(a)1347

No.27, 1

(Pul9250Is

PART

[3.

volv

menhereDivi

Price17

6899,

* a * * * New subparagrapff (40) is added to1347.314 Efectve dates of amend- § 1390.25 (c) and new paragraph (bbb) Is14.1 * a * added to § 1390.31a as set forth below:

[) Amendment No. 3 (Q§ 1347.305 § 1390.25 Petitions for amendment or1347.306,1347.307,1347.308a. 1317.311 . adjustment. 0 a *

(2) and (3), 1347.315, 1347.316 and (c) Amendments. * a a

.317) to Maximum Price Regulation (40) Maclaes and parts containing182 shall become effective November s Notwithstanding any other pro-

vision of this Maximum Price Regula-L042. tion No. 136, as amended, the maximumb. Laws 421 and 729, 77th Cong.; E.O. price applicable to the sale and delivery, 7 PR. 7871) of any machine or part containing silversued this 20th day of November 1942. may be increased by the sum of 9.6250

per fine troy ounce of silver containedL AON HEisDEro, in such machine or part: Provided, That

Administrator, no overhead, margin or profit factor beDoc. 42-12193; SMed, November 20,1942; applied to such increase: And prorided

3:42 p. m.] further, That where the provisions of thisMaximum Price Regulation No. 130, asamended, already permit a seller to re-flect in his maximum price the increase

1390-MAc EcRY AND TRANsPoRTA- in the cost of a machine or part con-TOoN EQUIPMENT taing silver (See § 1390.7 (c) (3) (I)

EPR, 136 as Amended," Amendment 531 and § 1390.10 ()), no additional allow-ance may be added by such seller.

ACHNES AND PARTS AND LIACIINERY § 1390.31a Effective dates of amend-SERVICES mnents. * a

statement of the considerations in- (bbb) AmendmentNo. 53 (§ 1390.25 (C)ed in the issuance of this amend- (40)) to Maximum Price Regulation No..t has been issued simultaneously 136, as amended, shall become effectiveewith and has been filed with the November 25, 1942.sion of the Federal Register.a (Pub. Laws No. 421 and 729, 77th Cong.;

E.O. 9250, 7/ FR. 7871)bptes-may be obtained from the Office of Isue t20 t d of Nv b 14

Administration. L-ued this 20th day of November 1942.F.R. 5047, 5362, 5665, 5908, 6425, 6682, LEoAi Hi mnsozr,6964, 6965. 6937, 6973, 7010, 7246, 7320, Administ~rator.

7365, 7509, 7602, 7739, 7744, 7907, 7912, 7945,7944, 8198, 8362, 8433, 8479, 8520, 8652, 8707,8897, 9001, 8948, 9040, 9041, 9042, 9053, 9054.

[F. R. Doc. 42-12191; Filed, November 20, 19M;3:42 p. m.]

PnT 139D0-MaCmmny ALD T1A.5sPO:TA-Tuo-, Eouzrz.m7

IMP1 136, a3 Amended.1

Amendment 5

zmamus AID PARTS AND M,.Acmrn'SERVICES

A statement of the considerations in-volved in the Issuance of this amendmenthas been Issued simultaneously herewithand filed with the Division of the FederalReaister.*

In paragraph (a) of § 1390.7, subpara-graph (4) Is amended, and new subpara-graph (8) Is added; in paragraph (c) of§ 1390.7, subdivision U) of subparagraph(3) Is amended; In § 1390.11, paragraphs(b), (c) and (d) are amended, paragraph(e) is redesignated (), and a new para-graph (e) Is added; in § 1390.16 para-graphs (a) and (b) are amended; in§ 1390.26 new paragraph (c) is added;in § 1390.32 one Item Is amended and anew Item is added in paragraph (c), oneitem Is amended and two new items areadded in paragraph (g), a new item isadded in paragraph (h), two items inparagraph (1) are amended, and para-graph (J) Is amended; and In § 1390.33three Items are amended in paragraph(c), all as set forth below:

§ 1390.7 Maximum prices: sales bythe manufacturer of machines or partswithout list prices. * * *(a) Pricing formula. * * *(4) To the extent thatthe price-deter-

mining method Includes or Is based onprices paid for subcontracted services,whether machinery services or otherwise,the manufacturer shall use actual pricespaid or to be paid for such subcontractedservices, not in excess of applicable max-imum prices;

(8) To the extent that the price-deter-mining method includes or is based onprices paid for perishable tools, dies,molds, pattern, or work-holding devices,the manufacturer shall use actual pricespaid or to be paid for such items, notin excess of maximum prices provided bythis Maximum Price Regulation No. 136,as amended, determined in accordancewith paragraph (c) (4) below.

(c) Material prices. * * *(3) a * *(U) For any part or subassembly pur-

chased, the manufacturer shall use theactual price for such part or subassemblypaid or to be paid, not in excess of theapplicable maximum price. For the pur-poses of this paragraph, the term "partsand subasszemblies" means, in addition toproducts covered by Maximum Price Reg-ulation No. 136, as amended, products cov-ered by Revised Price Schedule No. 82-Wire, Cable and Cable Accessories, No.105--Gears, Pinions, Sprockets and SpeedReducers, Maximum Price Regulation No.119-Original Equipment Tires and

9729


Tubes, No. 147-Bolts, Nuts, Screws, landRivets, and No. 149-Mechanical RubberGoods, and materials bought on an in-stalled basis in the process of erection ofa machine or parts sold on an erected andInstalled basis.

§ 1390.11 Maximum prices: sales ofsecond-hand m a a h i n e s and parts.

* AN*

(b) The price for any rebuilt and guar-anteed machine or part shall not be morethan eighty-five percent of the highestmaximum price to any class of purchasersfor the nearest equivalent new machineor part f. o. b. factory, whetLar estab-lished by this Maximum Price Regula-tion No. 136, as amended, or by any otherprice schedule or maximum price regula-tion or order issued by the Office of PriceAdministration. A "rebuilt and guaran-teed" machine or part is one in which allworn or missing components which shouldbe replaced or repaired for satisfactoryoperation, if any, have been replaced orrepaired, and which carries a bindingguaranty of satisfactory operation for aperiod of not less than sixty days, andwhich is expressly invoiced as a rebuiltand guaranteed machine or part or itsequivalent. In the event of a sale by agovernmental agency, such agency maysubstitute for the guaranty a certifica-tion by a qualified person who is notengaged in the business of selling second-hand machines and parts and who isapproved by the purchaser, to the effectthat all worn or missing componentswhich should be replaced or repaired forsatisfactory operation, if any, have beenreplaced or repaired.(c) The price for any other second-

hand machine or part shall not be morethan fifty-five percent of the highestmaximum price to any class of purchas-ers for the nearest equivalent new ma-chine or part f. o. b. factory, whetherestablished by this Maximum Price Reg-ulation No. 136, as amended, or by anyother price schedule or maximum priceregulation or order issued by the Officeof Price Administration.

(d) In quoting, contracting, invoicing,or billing any second-hand machine orpart for which a maximum price is pro-vided in paragraphs (b) or (c), theseller may add to the maximum price theamount of any tax upon the sale or,delivery of such machine or part, andshall bill dny such tax separately fromthe price of such machine or part.(e) In general, the maximum price.for

any second-hand machine or part pro-vided in paragraph (b) or (c) of thissection is the price f. o. b. the seller'splace of business. In any case where.a,machine or part is actually sold on an"as-is where-is" basis the seller shall re-imburse the buyer for the actual cost ofdismantling and loading up to 101% ofthe maximum price determined in ac-cordance with paragraph (c) of this sec-tion.

§ 1390.16 Federal and state taxes. (a)Any tax levied by any statute of theUnited States or statute or ordinanceof any state or subdivision thereof whichthe seller on October 1, 1941, added to theprice paid by the purchaser shall notbe included in the maximum price but

may be collected by the seller in additionto the maximum price if such tax isstated separately from the purchaseprice, except that such tax need not bestated separately if it is measured by theseller's cost of such machine or part.

(b) Any tax upon the sale or deliveryof a machine or part and any compen-sating -use tax upon a machine or partlevied by any statute of the UnitedStates or statute or ordinance of anystate or subdivision thereof and becom-ing effective on or after October 1, 1941,may also be collected by the seller mak-ing such taxable sale or delivery in addi-tion to tie maximum price if such taxis stated separately from the purchaseprice, unless the seller had increased hisprice on or before October 1, 1941, toreflect such new or increased tax, exceptthat such tax need not-be stated sep-arately if it is measured by the seller'scost of such machine or part.

§ 1390.26 Records andt additionaZ orsubstituted reports. * **

(c) Reports on products brought underthis Maximum Price Regulation No. 136,as amended. Notwithstanding any otherprovisions of this Maximum Price Regu-lation No. 136, as amended, whenever thesale or rental of any products or servicesare brought within the scope of thisMaximum Price Regulation No.' 136, asamended, after the effective date thereofby amendment or otherwise, the reportsrequired by this Maximum Price Regula-tion No. 136, as amended, in § 1390.5 (b)shall be filed within thirty days after theeffective date of such amendment, andthe reports provided for in § 1390.10 (bo)may be filed within thirty days after sucheffective date.

§ 1390.32 Appendix A: Machines andparts to which the October 1, 1941, dateis applicable. * * *

(c) Processing machinery and equip-ment: * * *

Chemical process machinery.

Electroplating and hot-dip 'metal coatingequipment, including preparatory and finish-ing equipment used in connection with. metalcoating processes.

* * * S

(g) Auxiliary equipment: * * *

Heat exchange equipment, industrial.

Open tanks and vesels" (except field erectedtanks or vessels; domestic fuel oil storagetanks; products commonly known as' plumb-ing fixtures, such as flush tanks and laundrytrays, products commonly known as pansand cans, such as pails, buckets, nonreturn-able shipping containers, refuse receptacles,drip receivers, and waste receivers).

Pressure tanks (except field erected tanks;high pressure cylinders not over 1,000 lbs.water capacity for shipping or storing liquidsor gases at pressures up to 3,000 lbs. per squareinch; range 1,ollers or expansion tanks notover 192 gfl. capacity, made of metal notover 12 B W G gauge).,

• * * * *

(h) Miscellaneous * **

Industrial powe~r-operated devices for ap-plying protective coatings or for the appli-cation of metals by spraying methods.

S * * *

(i) Miscellaneous parts and subassen,-blies, etc.:

Anti-friction bearings, except automotive.Chains, sprocket, and roller and silent,

except automotive.

Q) Parts and subassemblies o1 anyitems set forth in paragraphs (a) through(i) inclusive of this Appendix A whenmanufactured by the manufacturer ofthe complete item. (This paragraph ap-plies to any such part or subassembly,even when it is of a, type listed in para-graph (c) of § 1390.33, and even thoughit may in some-cases be incorporated Initems other than those set forth in para-graphs (a) through (I) inclusive of thisAppendix A).

§ 1390.33 Appendix B: Machines andparts to which the March 31, 1942, dateis applicable. * * *

(c) Miscellaneous: * * *

Dies, molds, and patterns.Gaskets and packing, except automotive,Screw machine products (this shall not In-

clude bolts, nuts, screws, and rivets, as do-.fined in Maximum Price Regulation No. 147.The sales or these are subject to MaximumPrice Regulation No. 147 or the General Max-imumi Price Regulation, depending upon thetype of seller).

§-1390.31a Effective dates of amend-ments. * *v "

(ccc) Amendment No. 54 (§§ 1390.7 (a)(4) (8) and (c) (3) (1), 1390.11 (b) (c)(d) and (e), 1390.16 (a) and (b), 1390.26(c), 1390.32 (c) (g) (h) (i) and (j), 1390,-33 (c)) to Maximum Price Regulation No,136, as amended, shall become effectiveNovember 25, 1942.(Pub. Laws 421, 729, 77th Cong.; E.O,9250, 7 P.R. 7871)

Issued this 20th day of November,1942,LEON HENDERSONi,

Administrator.

[F. R. Doe. 42-12192; Filed, November 20, 1942;3:42 p, m.]

PART 1394--RATIoNmr. OF FUEL AND FUELPRODUCTS

[Ration Order 5A,' Amendment 17]

GASOLINE RATIONING REGULATIONS

A Rationale for this amendment hasbeen issued simultaneously herewith andhas been filed with the Division of theFederal Register.*

Section 1394.1402, and paragraph (d)of § 1394.1506, are amended; a new para-graph (e) to § 1394.1201 is added; anda new paragraph (r) has been added to§ 1394.1902; as set forth below.Renewar of Rations and Issuance of

Further Rations

§ 1394.1201 Renewal of rations. * *(e) When Issuing a further service

ration or ration represented by Class Scoupons, the Board shall allow only the

*Copies may be obtained from the OMeof Price Administration,

17 P.R. 5255, 5362, 5426, 5660, 6605, 8600,5674, 5942, 6267, 6684, 6776, 7510, 1390, 7748,7811, 7907, 8708, 8808, 9434.


mileage required for the operation of thevehicle through November 30, 1942.

* * * 0 *

Expiration and Revocation of Rations

§ 1394.1402 Expiration of rations. Allbasic rations shall expirl at midnightJuly 21, 1943. All other rations shallexpire at midnight of the date noted onthe application therefor or on the cou-pon books issued therefor, except thatService ration books and coupons maycontinue to be used through November30, 1942 irrespective of the expirationdate fixed for such rations.

Restrictions on' Transfers

11394.1506 EmergencYtransfer. * * *(d) Any Regional Administrator of

the Office of Price Adminitration whofinds that there has been such delay inthe issuance of further rations as ofNovember 22, 1942, as to jeopardize themovement of trucks, busses or otheressential vehicles for which no basicration is issuable, may by declarationdesignate the States within his regionin which such delay has occurred andspecify the types of vehicles affectedthereby. Such declaration shall con-tinue- in effect until November 30, 1942or such earlier date as he may deter-mine. During the effective period ofsuch declaration, the operator of a ve-hicle of a type specified therein, licensedin a state designated therein, may ac-quire gasoline in the rationed area foruse in such vehicle by signing an emer-gency receipt on Form OPA R-555, Induplicate: Provided, That gasoline maybe so acquired for a vehicle only duringthe interval between the date of appli-cation for a further ration for such ve-hicle and the date of receipt or denialof such ration. Any dealer who hasmade a transfer of gasoline in exchangefor an emergency receipt pursuant tothis paragraph shall transmit such re-ceipt, in duplicate, to the Board havingjurisdiction over the area in which hisplace of business is located and suchBoard shall issue inventory coupons tohim, in exchange for such receipt, in ac-cordance with the procedure specified inparagraph (c) of this section.

* * * * *

Effective Date

§ 1394.1902 Effective dates of amend-me ts. * * *

Cr) Amendment No. 17 (§1 1394.1201(e), 1394.1402, and 1394.1506 d)) shallbecome effective November 20, 1942.

(Pub. Law 671, 76th Cong., as amendedby Pub. Laws 89, 50'Tand 421, 77t.h Cong.,W.P.B. Dir. No. 1, Supp. Dir. No. 1H, 7F.R. 562, 3478, 3877, 5216)

Issued this20th day of November 1942.LEON HENDERsoN,

Administrator.

[F. R. Doc. 42-12195; Filed, November 20,1942;4:47 p. m.]

TITLE 32-NATIONAL DEFENSE

Chapter XI-Office of Price Admin-istration

PART 1418-TEnmmoaxrs Aim POSSESIONS[MPR 183.2 Amendment 101

PUERTO RICO

A statement of considerations Involvedin the Issuance of this amendment hasbeen issued simultaneously herewith andhas been filed with the Division of theFederal Register.*

Subparagraph (11) is added to para-graph (a) of § 1418.1 and paragraphs(k), (l), (m), (n), (o) and (p) are addedto § 1418.14.

§ 1418.1 Maximum Prices. (a) Maxi-mum prices are established as follows:0 $ *

(11) On and after November 21, 1942,regardless of any contract., agreement,lease or other obligation, or of any priceregulation heretofore Issued, no personshall sell or deliver, and no person shallbuy corn meal, certain cereals, certainpacking house products, garlic and cheesein the Territory of Puerto Rico at priceshigher than the maximum prices setforth in § 1418.14 (k), Table XI; a1),Table XII; (m), Table XIII; (n), TableXIV; (o). Table XV; and no person ,halloffer, solicit, or attempt to do any of theforegoing.

§ 1418.14 Tables of maximum prices.* * *

Ck) Table XI: Specific maximumPrices for corn meal.

For sales of different quantities themaximum price shall be proportionatelycomputed.

(1) Table XII: Speciflc max imumprices for certain cereals.

wh &~l ss rot_ dl

Pd, er t e1ff~ r Preperf£5

R3oiled cat ..... . , c Z. ".

Pf1CC~~~fr 12Z:f dwbcatmea. ..... 9 I0 *Z -5 2:. 12

CornflA ..... I 2.21 "_ 5 10.0')

*Coples may bo obtained from tho Ofilcoof Prico Administration.

17 IM. B620. 6744. 059, 7454, 7843, '145,8558, 8833, 8946, 9341.


(m) Table XIII: Specifec maximumPrices for certain packing house products.

SI .s to Sa t s atwhal- whola- re * aE !a3 ra!3 e2

Prfcerr Preenr Phncerer

LLrd rork ft rndcd. S. O $ 175 5.M1gIure rc5r-d kId in

t ......... z.. 15.25 17.50 .21The refln~d Lard in

Inretrclred Lxd In Wto W# tlQ ...- - I& Ck. 17.75 .0

Fv-k r ckd 1: _1 aadt - - ---- --.. .. ... . . .. ... . 0 1 . 5 . 1 3

I .! rWzdcr rke-J... 21. 25 22. 75 .2


(n) Table XIV: Specific maximum.Prices for garlic.

Sae3 to Salcs at S-' at

For sales of different; quantities themaximum price shall be proportionatelycomputed.

(o) Table XV: Specific maximum.Prices for cheese.

S313 to I a Sa


(p) Every, person selling any of thecommodities listed In paragraphs (k) to(o), inclusive, of this section, to a re-tailer on and after November 21, 1942,before or at the time of his first deliveryto each purchaser shall supply the pur-chaser with a statement of the maximumretail prices set forth above for the com-modity or commodities delivered.

§ 1418.13a Effective dates of amend-ments. 0 *

CQ) Amendment No. 10 C§§ 14181 (11),1418.14 (Ws), (), (m), (n), (o) and (p))to Maximum Price Regulation No. 183shall become effective November 21,1942.(Pub. Laws 421 and 729, 77th Cong.;E.O. 9250,7 FR. 7871)

Issued this 20th day of November 1942.Lo HND=sox-,

Administrator.

[F. R. Dcc. 42-12194; Flled, November 20, 1942;4:4.7 p. m.l

%rho~cz-a'crs vtkn!_-2 etail Frxe

Natural Axed-C[a $5:1 $3. Fr cr.Cl04 $ .l2.5 o0Z MC=r meal . ....... I ,1110 1 115 1q. 04

9731

FEDERAL REGISTER, fuesdag, November 24, 1942

PART 1499--CoMLIODITmS AND SERVICES[Amendment 37 to GMP1112]

LICENSING, ETC.

A statement of the considerations in-volved In the Issuance of this amendment,Issued simultaneously herewith, has beenfiled with the Division of the FederalRegister.*

The text of § 1499.16 is designated asparagraph (b) and is titled "Licensegranted" and a new paragraph (a) isadded, to read as set forth below:

§ 1499.16 Licensing-(a) License re-quired. A license as a condition of sell-Ing Is required of every person selling atwholesale or retail any commodity orservice for which a maximum price isestablished by the General MaximumPrice Regulation or by any other priceregulation of the Office of Price Adminis-tration. No person whose license is sus-pended In proceedings under section205 (f) (2) of the Emergency Price Con-trol Act of 1942 shall, during the periodof suspension, sell any commodities orservices as to which his license to sell issuspended.

(b) License granted. * * *

§ 1499.23a Effective date of amend-'ments. * * *

(11) Amendment No. 37 (§ 1499.16) toGeneral Maximum Price Regulation shall.become effective November 25, 1942.(Pub. Laws 421 and 729, 77th Cong.; E.G.9250, 7 P.R. 7871)

Issued this 20th day of November 1942.LEON HENDERSON,

Administrdtor.

[F. R. Doe. 42-12190; Filed, November 20, 1942;3:42 p. m.]

PART 1307-RAw MATERIALS AND COTTONTEXTILEs

[RPS 7, Amendment 7 2]

COMIED COTTON YARNS AND THE PROCESSINGTHEREOF

A statement of the considerations in-volved In the issuance of this amend-ment has been issued simultaneouslyherewith and filed with the Division ofthe Federal Register.*

In § 1307.12 paragraph (d) (4) (iii) isamended; a proviso is added to inferiorsubdivision d) of paragraph (d) (4)(vii).

§ 1307.12 Appendix A: Maximumprices for combed yarns and mercerizing,bleaching and/or gassing thereof. * * *

(d) Maximum prices for combed yarnsnot covered by contract prior to Decem-ber 24, 1942, and for mercerizing, bleach-Ing and/or gassing.

*Copies may be obtained from the Office ofPrice Administration.

17 P.R. 3163, 3330, 3666, 3990, 3991, 4339,.4487, 4659, 4738, 5027, 5276, 5192, 5365, 5445,.5565, 5484, 5775, 5784, 5783, 6058, 6081, 6007,6216, 6616, 6794, 6939, 7093, 7322, 7758, 7913,7454, 8431, 8881, 9004, 8942.27 P.R. 1221, 2277, 2393, 2509, 2737, 3160,

3551, 3664, 5481, 8948, 2000, 2132.

(4) Premiums. * * *(iii) Jobbers. A Jobber " may';(a) (1) Sell to a given customer

broken-case '° lots of combed yarn inquantities of 1,500 pounds or less per cal-endar month at a premium of 10 per centand in quantities in excess of 1,500 poundsper calendar month at~a premium of 5per cent: -Provided, That in no eventshall sales of broken-case lots at a pre-mium, Irrespective of quantity per sale,exceed 15,000 pounds in any calendarmonth to all of the sellei customers.

(2) Sell combed yarn in lots of 1 to 3unbroken cases at a premium of 5 percent: Provided, That except as set forthbelow no jobber-may avail himself ofthis premium on that portion of his salesin any calendar month which is in ex-cess of 3,000 pounds to the same customeror 20,000 to all his customers.

b) On lots of 1 to 3 unbroken cases,the following concerns may avail them-selves of the premium set forth in (a) (2)above on that portion of their respectivesales of combed yarn in any calendarmonth which is not in excess of theamounts set forth below:

1'Crmt1- Pernis-

-sible sibloName amount amotto any ouail

to aligiven c.ustomerscustomer

Thos. D. Toy & Co., 118 East 25th Pounds PoundsSt., New York, N. Y ----------- 5,000 60,000

Ernest W. Hayward & Co., 407Fourth Ave., New York, N. Y_ 3,000 40,000

Meyer & Rasmaussen, Inm, 221-227 Fourth Ave., Now York,N. Y ---------------------------- ooo 5o, oW

(vii) Other premium yarns; * * *(d) * * *

Provided: That a producer other thanthe one who spins the yarn or has itspun for his account need not reportthose special features for which the spin-ner has charged a premium under (a),(b), or c) above.

§ 1307.11 Effective dates of amend-ments.. * * *(o) Amendment No. 7 (§ 1307.12 (d)

.(4) (iii) and (vii)) to Revised PriceSchedule No. 7 shall become effective No-vember 27, 1942.(Pub. Laws 421 and 729, 77th Cong.;E.O. 9250, 7 F.R. 7871.)

Issued this 21st day of November 1942.LEON HENDERSON,

Administrqtor.[P. R. Doc. 42-12267; Piled, November 21,1942;

12:36 p. m.]

10 As used herein, "'Jobber" means a personat least 75 per cent of whose sales of combedyarn during the calendar month prece~lngany given transaction consisted of stock yarnsales. See footnote 1 for definition of "stockyarn".10aAs used herein the term broken case

means a case from which at least 25 per centof the contents have been removed.

PART 1347-PAPER, PAPER PRODUCTS, RAWMATERIALS FOR PAPER AND PAPER PROD-UcTs, PRiNo AND PUBLISUUIN

1MPH 3o

WASTEPAPER

The preamble and §§ 1347.1 to 1347.10Inclusive of Revised Price Schedule No,30-Wastepaper-are amended, renum-bered, and reissued as Maximum PriceRegulation No. 30-Wastepaper.

In the judgment of the Price Admin-istrator, it Is necessary and proper toestablish maximum prices for sales ofwastepaper by a maximum price regulation.

In the judgment of the Price Adminis-trator, the maxfmum prices establishedby this regulation, which apply to thesale of wastepaper, are generally fair andequitable and are necessary to check in-flation and to effectuate the purposes ofthe Emergency Price Control Act of 1942as amended.

So far as practicable the Price Admin-istrator has consulted with representa-tives of the trade and Industry. He hasfound that the Issuance of this regulationconforms to the standards of the Act.

A statement of considerations Involvedin the issuance of this regulation is issuedsimultaneously herewith and filed withthe Division of the Federal Register.*

Therefore, under the authority vestedin the Price Administrator by the Emer-gency Price Control Act of 1942, asamended, and Executive Order No. 9250this Maximum Price Regulation No. 30is hereby issued.Sec.1347.1 Prohibitions.1347.2 Less than maximum prices.13473 Applicability of the General Maxi-

mum Price Regulation.1347.4 Export sales and sales for export.1347.5 Imports.1347.6 Petitions for amendment.1347.7 LIcensing.1347.8 Evasion.1347.9 Enforcement.1347.10 Records and reports.1347.11 Definitions.1347.12 Applicability.1347.13 Effectvo date.1347.14 Appendix A: Maximum prices for

wastepaper.Aumoromrr: §§ 1347.1 to 1347.14, Inclusive,

issued under Pub. Laws 421 and 729, 77thCong.; E. 0. 9250, 7 P.R. 7871.

§ 1347.1 Prohibitions. Regardless ofany contract, agreement, lease or otherobligation:

(a) No person shall sell or deliver anywastepaper at higher prices than themaximum prices set forth In Appendix A(§ 1347.14) of this Maximum Price Reg-ulation No. 30.

(b) No person shall buy or receive anywastepaper at higher prices than themaximum prices set forth In Appendix A

§ 1347.14) of this Maximum Price Regu-lation No. 30.

(c) No person shall agree, offer, solicit,or attempt to do any of the foregoing.

§ 1347.2 Less than maximum prices,Lower prices than those established bythis Maximum-Price Regulation No, 30may be charged, demanded, paid oroffered.

9732


§ 1347.3 Applicability of tMe GeneralMaximum Price Regulation. The provi-sions of this Maximum Price RegulationNo. 30 supersede the provisions of theGeneral Maximum Price Regulation withrespect to sales and deliveries of waste-paper for which maximum prices are es-tablished by this regulation.

§ 1347.4 Export sales and sales for ex-port. The maximum price at which aperson may export wastepaper shall bedetermined in accordance with the pro-visions of the Revised Maximum ExportPrice RcgulationI issued by the Office ofPrice Administration. The maximumprices at which a person may make adomestic sale of wastepaper which is tobe exported shall not exceed the maxi-mum prices herein provided for domesticsales: Provided, however, That personsspecially packaging wastepaper for ex-port and selling the same to a purchaserwho warrants in writing that the waste-paper so nacked will be sold in export,may add- to the maximum price anamount not in excess of the highest pre-mium actually charged for the same orsimilar packing by such person duringthe period of January 1 though Septem-ber 30, 1941. If a person made no suchcharge for such packing in said period,the amount of his charge for such pack-ing shall not exceed the amount chargedin said period by his nearest and mostclosely competitive seller in said period.

§ 1347.5 Imports. The m a x i m u mprices established herein shall apply toimports of wastepaper from a foreigncountry, f. o. b. the port or city of entryin the United States.

§ 1347.6 Petitions for - amendment.Persons seeking any modification of thisMaximum Price Regulation No. 30 mayfile petitions for amendment in accord-ance with the provisions of Revised Pro-cedural Regulation No. 1 issued by theOffice of Price Administration:

§ 1347.7 Licensing. The provisions ofSupplementary Order No. 5 -- icensing,are applicable to every dealer and brokersubject to this Maximum Price Regula-tion No. 30, selling, offering to sell, deliv-ering or transferring at a price waste-paper to a consumer.

§ 1347.8 Evasion. The price limita-tions set forth in this Maximum PriceRegulation No. 30 shall not be evaded,whether by direct or indirect meth6ds, inconnection with any offer, solicitation,agreement, sale, delivery, purchase or re-ceipt of wastepaper, alone or in conjunc-tion with or relating to any other com-modity or by way of commission, service,transportation, or other charge, or dis-count, premium or other privilege or ty-ing agreement, or other trade under-standing or otherwise.

§ 1347.9 Enforcement. (a) Personsviolating any provision of this MaximumPrice Regulation No. 30 are subject to thecriminal penalties, civil enforcement ac-tions, license suspension proceedings, andsuits for treble damages provided for by

17 P.R. 5059, 7242, 8829, 9000.27 P.R. 8961.

-7 F-R. 3403, 6077.

the Emergency Price Control Act of 1942as amended.

(b) Persons who have evidence of anyviolation of this Maximum Price Regu-lation No. 30 or any price schedule, regu-lation or order Issued by the Office ofPrice Administration, or any acts or prac-tices which constitute such a violation,are urged to communicate with the near-est District, State, Field or Regional Of-fice of the Office of Price Administrationor its principal office in Washington, D. C.

§ 1347.10 Records and reports. (a)Every person who has been requiredunder Revised Price Schedule No. 30 tokeep records for inspection by the Of-fice of Price Administration shall pre-serve such records for so long as theEmergency Price Control Act of 1942shall remain in effect.

(b) Every person making purchasesor sales of commercially packed waste-paper shall keep for inspection by theOffice of Price Administration for solong as the Emergency Price Control Actof 1942 shall remain in effect, completeand accurate records of each purchaseor sale of wastepaper showing the fol-lowing:

(1) Date of purchase or sale.(2) Name and address of the buyer or

seller.(3) Grade of wastepaper purchased or

sold.(4) Quantity of each grade purchased

or sold.(5) Prices paid or received.(6) Warranties, if any, given or re-

ceived.Such records shall set forth separately

the f. o. b. point of shipment price, theorigin and destination of the shipment,the means of transportation used, theamount of the transportation charge,and any other amounts paid or receivedin connection with such sale.

(c) Persons required to keep recordsshall submit such .eports to the Officeof Price Administration and shall keepsuch other records in addition to or inplace of the records required in para-graphs (a) and (b) of this § 1347.10 asthe Office of Price Administration mayfrom time to time require or permit.

§ 1347.11 Deflnitions. (a)When usedin this Maximum Price RegulationNo. 30, the term:

(1) "Person" means an individual, cor-poration, partnership, association, anyother organized group of persons, thelegal successor or representative of anyof the foregoing, and includes the UnitedStates, any agency thereof, any othergovernment, or any of its political sub-divisions, and any agency of any of theforegoing.

(2) "Wastepaper" includes papers andpaper products which have been used ordiscarded, or which result as by-productsfrom a manufacturing or conversionoperation, or which are sold for reuse ina manufacturing or conversion operationinvolving repulping, shredding, or grind-ing.

(3) "Consumer" means a person whoacquires wastepaper for use In the manu-facturing process conducted by him.

(4) " ealer" means a person who ac-quire, wastepaper for the purpose of saleas wastepaper.

(5) "Commercially packed" meanspacked in machine compressed bales orby an optional method of packing wheresuch method is allowed in the defini-tion of a grade.

(6) "Objectionable papers" include car-bon, waxed, paraffined, oil treated,greased, glazed, parchment, asphalt, tar,tympan, and used wall paper, frictionboard, cloth book-covers, heavy cores,presboard, used bill board stock, paper-wrapped excelsior, felt furniture Pads.,paper twine, uncut printer's rolls, andpaper strings.

(7) "Foreign materials" include everynon-paper substance that cannot bemanufactured into paper or paper prod-ucts by the processes normally used forwastepaper, including, but in no waylimited to cellophane, rags, rubbers,strings, vulcanized fiber, metals, and rub-bish of all kinds.

(8) "Out-throw" for a given grade ofwastepaper consists of all substances notsuitable for the manufacture of paper orpaperboard such as "Objectionable pa-pers" and "Foreign materials", and allpapermaking materials present in thepacking that do not meet the require-ments of the applicable definition for thegrade. In the book, magazine and ledgergrades "Out-throw" includes books, mag-azines and papers containing ground-wood.(9) 'WManlla". whenever used in the

definitions set forth in § 1347.14 of thisMaximum Price Regulation No. 30, re-fers to a color and finish of paper ob-tained by the natural undyed or verylightly tinted color of the woodpulp em-ployed in the manufacture of the paper,such color and finish being comparable tothat secured In paper manufactured frommanila hemp or rope.

(10) "One cut" as applied to waste-paper means wastepaper of one color,shade, basis weight and finish resultinfrom one run In a process of conversion.

(11) "Broker", commonly known as awastepaper broker, means any personwho sells to consumers wastepaper notpacked by such person, and purchased bysuch person in the condition in which itIs to be delivered to the consumer.

(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 herein.

§ 1347.12 Applicability. The provisionsof this Maximum Price Regulation No.30 shall bs applicable to the continentalUnited States and the District of Colum-bia, butpot to the territories and posses-slons of the United States.

§ 1347.13 Effective date. This Maxi-mum Price Regulation No. 30 (§§ 1347.1 to1347.14 inclusive) shall become effectiveNovember 27, 1942.

§1347.14 Appendix A: Maximumprice., for wastepaper. (a) Grades andmaximum prices Per short ton f. o. b.point of shipment.

9733


Maximum-pricsper zhort ton f. o. b.

Grades point of shipmentNo. 1 mixed paper er ................ $14.00No. 1 news 2 w ..................... 15. 0Overissue news .

................... 117.00Old corrugated containers_ ........ 16.50Old Kraft corrugated containers ._._. 30.00New corrugated cuttings0 - - - - - - - - - - - 18. 00Box board cuttings --------------- 14. 50White blank news - - - - - - - - - - - - - - - 33.00Extra manilas 0-------3.0New manila envelope cuttingslo -.... 53. 00One cut new manila -envelope cut-

tings U ..................------ 57.50Manila tabulating cards, free from

groundwood 2 ------------------- 45.00Manila tabulating cards, ground-

wood " -------------------------- 27.00No. 1 hard white shavings-u

------- 57.50Hard white envelope cuttings -62.50One cut hard white envelope cut-

tings -- - - - - - - - - - - - - - - - - - - - - -- 67.50No. 1 soft white shavings"__ ...... 50.00One cut soft white shavings " ------- 57. 50Miscellaneous soft white shavings 2R... 43.00No. 1 fly leaf shavings ----------- 33.50No. 1 groundwood fly leaf shavings =- 25.00No. 2 mixed colored groundwood shav-

ings ".18.00Mixed books "--------------------- 17.00No. 1 heavy books and magazines M-_ 33.50No. 1 mixed ledger (colored ledger)2. - 37.50No. 1 white ledger - ................ 43.50No. 1 assorted 'Kraft (old Kraft)27_- 35.00Triple sorted No. 1 brown soft Kraft "._ 50. 00Mixed Kraft envelope and/or bag

cuttings ------ 55. 00Kraft envelope cuttings- 65.,00New 100% Kraft corrugated cut-

tings -.......-------------------- 45.00Mill wrappers " ------------------- 17.00

'"No. 1 mixed paper" consists of waste-paper which does not have the uniform ordistinctive qualities required for classifica-tion as any other grade.

: "No. I news" consists of waste newspapers.Optional method of packing-securely tiedbundles.

'Overissue news" consists of unused -over-run newspapers from a newspaper office.Dealers' returns constitute a lower qualityof this grade. Optional method of packing-securely tied bundles.

A"Old corrugated containers" consist ofused corrugated or solid fiber containers.

"Old Kraft corrugated containers" consistof used Kraft corrugated or solid fiber con-tainers of 100% sulphate fiber content. Alower quality of this grade consists of cor-rugated containers composed of two linerswhich are of 100% sulphate fiber with a cor-rugated filler of other fiber. Unless both ofthe liners are 100% sulphate fiber, the ma-terial must not be sold at a price In excessof the maximum price of "Old corrugatedcontainers."

0 "New corrugated cuttings" consist of newcorrugated or solid fiber container board cut-tings.

'f"Boxboard cuttings" consist of new cut-tings of paperboard which is 'used in themanufacture of folding paper cartons, set-upboxes and similar boxboard products.

8 "White blank news" consists of unprintedcuttings or sheets of white newsprint paper.

o "Extra manilas" of the highest qualityconsist of unprinted manila paper. Lowerqualities may contain printing.

10 "New manila envelope cuttings" consistof new cuttings or sheets of unprinfed manilapaper of the quality used in the manufactureof manila envelopes. Optional method ofpacking--securely tied packages.

" "One cut new manila envelope cuttings"consist of new one cut cuttings or sheets ofunprinted manila paper of the quality usedin the manufacture of manila envelopes.

Optional method of packing---securely tiedpackages.

""Manila tabulating cards, free fromgroundwood" consist of new or used printedmanila cards, free from g-oundwood, whichhave been manufactured for use In auto-matic tabulating machines. Lower qualitiesof this grade may include tabulating cardsof similar stock having colors other thanmanila. Optional method of packing-bagsor boxes.

= "Manila tabulating cards, groundwood"consist of new or used printed manila cards,containing groundwood, 'which have beenmanufactured for use in automatic tabulat-uing machines. Lower qualities of this grade

may include tabulating cards of similar stockhaving colors other than manila. Optionalmethod of packing-bags or boxes.

2-No. I hard 'white shavings" consist ofnew groundwood-free bond or writing papershavings of sulphite and/or rag fiber content.The highest quality of this grade consists ofall white shavings. Lower qualities may con-tain rulings or light colored stock.

""Nard 'white envelope cuttings" consistof new cuttings from groundwood-free bondor writing papers of the quality used in the-manufacture of envelopes. The fiber contentof the stuck shall bezulphite, rag, or bleachedsulphate. Optional method of packing-se-curely tied packagds.

""One cut hard white envelope cuttings"consist of new one cut cuttings from ground"

wood-free bond or writing-papers of the qual-ity used in the manufacture of -envelopes.The fiber content of the stock shall be sul-phite, rag, or bleached sulphate. Optionalmethod of packing---securely tied packages.

"No. 1 soft white shavings" consist of un-printed, all white shavings from book andsimilar printing papers, free from ground-wood, and containing not in excess of 10%of coated paper stock and/or heavily filledpapers.

21 "One cut sof 'white shavings" consist ofunprinted, all white, one cut shavings frombook and similar printing papers, free fromgroundwood, and containing not in excess of10% of coated paper stock and/or heavilyfilled papers.

1"Miscellaneous soft white shavings" con-sist of unprinted all white shavings frombook and similar printing papers, free fromgroundwood, but not limited wltbrespect tocoated or filled paper stock.

""No. 1 fly leaf shavings" consist of thetrim of magazines, catalogs and similarprinted matter, free from groundwood, andmay contain the -bleed of cover and insertstock. Solid color printed and beater-dyedpapers constitute a lower quality of thisgrade.

= "No. 1 groundwood fly leaf shavings" con-sist of the trim of magazines, catalogs andsimilar printed matter, not limited with re-spect to groundwood, and may contain thebleed of cover and insert stock, but shall befree from beater-dyed papers, solid or othercolor printing, and coated stock.

"N To. 2 mixed colored groundwood shav-ings!' consist of the trim of magazines, cata-logs and similar printed matter, not limitedwith respect to gr'undwood or coated stock,and may contain the bleed oi cover and insertstock as well as beater-dyed papers and solidand other color printing.

= "Mixed books" consist of books or magi-sines, including outthrow not in excess of 40per cent of the total weight of the packing.Packings which contain in excess of 40 percent outthrow must not be sold at a price inexcess of the maximum price of "No. 1 mixedpaper". Packings of this grade which aresold for use in the manufacture of paper-board, regardless of outthrow percentagemust not be sold at a price in excess ofthe maximum price of "No. 1 mixed paper".

21 "No. 1 heavy books and magazines" con-sist of used and overissue books and maga-

zines, stitchlem stock, quire waste, and sim-ilar printed matter. The stock shall be freefrom heavily inked, deeply colored, gilt, alu-ninum, varnished, lithographed, rotogravureprinted, and cover papers. This grade shallnot contain more than 2% outthrow. De-liveries which fail to meet the requirementas to outthrow must be rejected or paid foronly after adjustment to eliminate any pay-ment for the excessive outthrow.

="No. 1 mixed ledger (colored ledger)"consists of ledger sheets, bond, and writingpapeis, 'white and colored, which contain nomore -than 2% outthrow. Deliveries 'whichfail to meet the requirement as to outthrowmust be rejected or paid for only after adjust-ment to eliminate any payment for the ex-cessive outthrow.

""No. 1 white ledger" consists of ledgersheets, bond, and writing papers, all white,which contain no more than 2% outthrovw.Deliveries which fall to meet the require-ment as to outthrow must be rejected or paidfor only after adjustment to eliminate anypayment for the excessive outthrow.

""No. 1 assorted Kraft (old Kraft)" con-sists of Kraft paper waste, free from corru-gated waste of any kind.

2"rlple sorted No. 1 brown soft graft"consists of old, soft, natural color Kraftpapers completely free from papers other thanthose containing 100% sulphate fiber.

""Mixed Kraft envelope and/or bag cut-tings" consist of new cuttings from 100%sulphate envelope and/or bag stock. Deliv-eries containing cuttings of lees than 100%sulphate fiber shall be sold at a price not Inexcess of the maximum price of "No. 1 as-sorted Kraft (old Kraft)".

""Eraft envelope cuttings" consist of nowcuttings from 100% Northern sulphate en-velope stock. Optional method of packing-securely tied packages.

""New 100% Kraft corrugated cuttings"consist of cuttings from new corrugated orgolld fiber container stock of 100% sulphatofiber content. A lower quality of this gradoconsists of cuttings from new corrugated steelcomposed of two liners which are 100% sul-phate fiber with a corrugated filler of otherfiber. 'Unless both of the liners are of 100%sulphate fiber, the material must not be soldat n price in excess of the maximum price of"New corrugated cuttings." *= "Mill wrappers" consist of paper used a

outside wrappers for rolls or bundles of fIn-ished paper stock nnd may contain sulphiteor Kraft screenings, groundwood fiber orchemical 'voodpulp fiber.

(b) Grade requirements-(l) Dilleren-tials. All prices established by this Maxi-mum price Regulation No. 30 are themaximum prices for the respectivegrades of wastepaper. No differentials orservice charges other than those specifi-cally provided for In this Maximum PriceRegulation No. 30 may be charged.

(2) Highest qualities. The highestqualities of each grade shall be clean,

-dry, and free from objectionable papersand foreign materials. Other qualities ofwastepaper of each grade may be pur-chased or sold at or below the maximumprice established for such grade: Pro-vided, That such wastepaper fulfills theminimum requirements of fiber andphysical characteristics as set forth Inthe definition of such grade, and is ofmerchantable quality in all respects.

(3) Baling. All wastepaper must bepacked in machine compressed bales un-less provision is made In the definitibnof the grade for an optional method ofpacking. A deduction of at least $2.00per ton must be made from the maximum

9734


price specified for such grade, if thepacking does not comply with this re-quirement. Tare shall not exceed 2% ofthe gross weight.

(c) Maximum Prices or unlistedgrades of wastepaper. The maximumprice for any grade of wastepaper notlisted in paragraph (a) of this § 1347.14shall be a price in line with the maximumprice enumerated therein for the nearestrelated grade of wastepaper.

Any-person proposing to sell to a con-sumer of wastepaper or any consumerproposing to buy a grade of wastepapernot listed in paragraph (a) of this§ 1347.14 shall, before making such saeor purchase, submit to the Administratorin Washington, D. C. a sworn statementsetting forth all-of the relevant facts in-cluding the following:

(1) Name of grade.(2) Detailed statement of fiber con-

tent and physical characteristics of saidgrade.

(3) Maximum price per short tonf. o. b. point of shipment for which suchperson proposes to buy or sell said grade.

(4),ODetailed statement of prices forwhich petitioner has purchased or soldsaid grade since January 1, 1941. Thisstatement must be set forth on a monthlybasis.

(5) Detailed statement of tonnage ofsaid grade purchased or sold by peti-tioner since January 1, 1941. This state-ment must be set forth on a monthlybasis.

(6) Statement indicating the degree ofuniformity of fiber content and physicalcharacteristics of said grade in allotherpurchases or sales thereof which havebeen made by said person.

(7) All other facts requested by theOffice of Price Administration.

Representative samples of the waste-paper proposed to be purchased or soldshall be submitted with the sworn state-ment.

The price for which suchwvastepaper ispurchased or sold by Luch person shall besubject to adjustment by the Office ofPrice Adminstration, if such price isnot in line with the maximum priceenumerated in this schedule for the near-est related grade of wastepaper. Whenany person has submitted the data de-scribed above with respect to any gradeof'wastepaper, he shall not be requiredto submit such data again prior to mak-ing a purchase or sale of the identicalgrade of wastepaper.

If either the buyer or seller shall fur-nish the Administrator with all the datarequired under this paragraph (c), itshall not be necessary for the other partyto the same transaction to furnish suchdata.

(d) Maximum prices for unsortedwastepaper. Unsorted 'wastepaper,which contains two or more unsortedgrades, shall not be subject to the max-imum prices prescribed by this Maxi-mum Price Regulation No. 30, in theevent that such paper is sold to a pur-chaser who warrants in writing to theseller that he will not use such paper asa consumer thereof, but will sort andgrade it for resale into (1) grades listedin this Maximum Price Regulation No.30, or (2) specialty grades described in

No. 230- 1-2

paragraph (c) of this § 1347.14, or (3)paper which does not constitute waste-paper as defined in § 1347.11, and that hewill sell such paper so sorted and gradedat prices no higher than the maximumprices prescribed for such grades by thisMaximum Price Regulation No. 30, or byany other applicable maximum priceregulatoii or price schedule. If, how-ever, such unsorted paper is sold to a con-sumer thereof, the price therefor shallnot exceed the maximum price prescribedby this Maximum Price Regulation No.30 for -'No. 1 mixed paper". The war-ranties required from the purchaser mustbe kept In the seller's records in the man-ner provided in § 1347.10.

(e) Transportation allotances. Allprices established by this MaximumPrice Regulation No. 30 shall be forwastepaper f. o. b. freight cars, trucks,or barges at the point of shipment. Thepoint of shipment is the point at whichthe wastepaper is first loaded on a con-veyance for transportation to the buyer,except that in the case of importedwastepaper the point of shipment shallbe the port or city of entry In the UnitedStates.

(1) Delivery charges. Sales may bemade on a delivered basis, but such salesmust be made at prices not In excess ofthe maximum f. o. b. point of shipmenti prices established by this Maximum Price

Regulation No. 30, plus, where the costsof delivery are Incurred by the seller, suchof the transportation allowances set forthin this subbaragraph (1) or in subpara-graph (2) of this paragraph (e) as areapplicable thereto.

(I) When transportation to the buyeris by public (common or contract) car-rier, the lowest established transportationrate for such shipment;

(ii) When transportation to the buyerIs by a vehicle owned or controlled by theseller, other than a common or contractcarrier;

(a) An amount not In excess of $1.00per short ton, plus actual toll charges,when the point of shipment and thebuyer's premises are located in the samecity, town or municipality, or at a distanceof ten miles or less from each other bythe shortest available public highwayroute.

(b) An amount per short ton not inexcess of the lowest published rail ratefor full carload shipments of wastepaper,when the point of shipment and the buy-er's premises are not located n the samecity, town or municipality and are at adistance of more than ten miles fromeach other by the shortest available pub-lie highway route.

(2) Loading charge. If there Is no railsiding or barge dock at the point of ship-ment, and the wastepaper is transportedto and loaded on a freight car or I3argeat a public track or public barge dockfor transportation to the buyer at theexpense of the seller, the seller may addto the shipping point price an amountnot in excess of $1.00 per short ton forsuch transportation and loading.

No allowance may be added under anycircumstances, If either the point ofshipment or the public track or bargedock at which the wastepaper is loaded

Is within the limits of the railway switch-Ing district of Chicago, Illinois.

(f) Invoice requirements. All sales ofwastepaper to a consumer shall be in-voiced. The Invoice shall state as sepa-rate items the following data:

(1) The grade name. This shall be(U) the applicable grade name set forthin paragraph (a) of this § 1347.14, or(HI) the grade name of i specialty withrespect to which sworn statements andsamples have been submitted to the Of-fece of Price Administration in accord-ance with paragraph (c) of this§ 1347.14.

(2) 'The origin of the shipment. Thisshall include the name of the city ortown where the point of shipment islocated. If delivery Is In the seller'sown truck, and If the point of shipmentand the buyer's premises are located ata distance of more than ten but lessthan fifteen miles from each other bythd shortest available highway route, thestreet address and city where such pointof shipment Is located shall be shown.

(3) The destination of the shipment.This shall include the name, street ad-dress and city of the consumer.

(4) Any amount charged by the sellerfor transportatfon of the wastepaper.

(g) Brokerage. (1) In the event thata consumer of wastepaper shall purchasewastepaper through a broker as definedin § 1347.11 (a) (11), hereof, such con-sumer may Day such broker not morethan the maximum price herein plus abroker's allowance not to exceed the fol-lowing percentages of the price per tonof the amount actually paid to thebroker, exclusive of the broker's allow-ance:

Broker'sPrice p r ton for grade of aflowance in

rastepaper purchased: verceztagaUp to 620. ............... 5

20.01 to 30.00 .....------ - 530m01 to C.0.00 ... ---.--- 5

$40.01 to .0_ 7650.01 to a9*CO0.01 and up--------. 9

(2) The maximum prices established in§ 1347.14 Appandlx A, can In no case beaugmented by more than one brokerageallowance for each ton. In no eventdsala person receive brokerage or the pro-ceeds of brokerage on wastepaper packedby him. In no event shall a person re-ceive brokerage on the pack of anotherperson pursuant to any contract, agree-ment or understanding of any sort what-soever between the two, whereby each isto sell, and charge brokerage on, the packof the other. In addition to the pricepaid by the consumer, a broker may re-ceive a broker's allowance only from aconsumer, and only if the transaction inquestion fulfills all of the following re-quirements:

(U) The broker records the name ornames of his vendor, or vendors in eachtransaction, the quantity and grade ofwastepaper purchased, the price f. o. b.point of shipment paid by such broker,the name of his consuming purchaser, themethod of shipment to such consumingpurchaser, the price paid by such con-suming purchazer, and the broker's allow-ance.

(if) The sale Is made by the broker tothe consumer.

9735

FEDERAL REGISTER, Tuesday, November 24, 1,94

(ili) The wastepaper sold by the brokerto the consumer has been completely pre-pared for delivery by, a person other thanthe broker.

(iv) The broker guarantees the mer-chantable quality of the wastepaper.

(v) The broker's allowance in suchtransaction is shown as a separate itemon the invoice. This invoice must con-tain a statement that the broker has hadno part in the preparation of the'waste-paper covered, prior to its delivery tothe consumer, and that the charges arenot in excess of those established in thisMaximum Price Regulation No. 30.-

(vi) The broker's allowance is not splitor divided with any other person.

(vii) All pertinent provisions in thisMaximum Price Regulation No. 30 arestrictly complied with.


Administrator.[F. R. Doc. 42-12260; Filed, November 21, 1942;

12:37 p. m.]

PART 1390-MAcHnERY AND TRANSPORTA-TION EQuImuMNT

[IPR 138 as Amended,' Amendment 551

MACHINES AND PARTS AND MACHINERYSERVICES

A statement of the considerations in-volved in the issuance of this amendmenthas been issued simultaneously herewithand filed with the Division of, the FederalRegister.*

New subparagraph (41) is added to§ 1390.25 (c) as set forth below:

§ 1390.25 Petitions for amendment oradjustment. * * *

(c) Amendments. * * *(41) Sales of air conditioning and re-

frigerating equipment pursuant to WarProduction Board program. Notwith-standing any other provisions of thisMaximum Price Regulation No. 136, asamended, the maximum price applicable.to the sale at the direction of the WarProduction Board of any industrial orcommercial air conditioning or refriger-ating equipment to the manufacturer ofsuch equipment by a person using suchequipment and not engaged in the busi-ness of selling such equipment, shall bethe installed cost of such equipment tosuch user, less depreciation at the rateof 5% per year; the maximum price ap-plicable to the resale of any such equip-ment by the manufacturer on a recondi-tioned and guaranteed basis to a new userdesignated by the War Production Board'shall be the total cost of the equipmentto the manufacturer, including the costof inspection, dismantling, and shipmentto the manufacturer's plant, estimated

*Copies may be obtained from the Ofice ofPrice Administration.

17 P.R. 5047, 5362, 5665, 5908, 6426, 6682,6899, 6964, 6965, 6937, 6973, 7010. '1246, 7320.7365, 7509, 7602. 7739, 7744, 7907, 7912, 7946,7944, 8198, 8362, 8433, 8479, 8520, 8652, 8707,8897, 9001, 8948, 9040, 9041, 9042, 9053, 9051.

if necessary; plus the cost of recondition-ing 'the equipment, of shipment to thepurchaser, and of installation, estimatedif necessary; plus the amount of any otherout-of-pocket expenses incurred in con-nection with such sale, estimated if nec-essary; plus a reasonable charge for en-gineering and a reasonable profit, notupon the cost to the manufacturer, butin the light of the manufacturer's riskand responsibility: Provided, That theamount of such profit, to. ether with adescription of the transacion, has beensubmitted to the Office of Price Adminis-tration, Washington, D. C., -or its re-view and that the Office of Price Admin-istraton has approved or failed to dis-approve the amount of such profit withinthirty days after receipt of the informa-tion.

§ 1390.31a Effective dates of amend-ments. * * *

(ddd) Amendmient No. 55 (§ 1390.25 (c)(41)) to Maximum Price Regulation No.136, as amended, shall become effectiveNovember 27, 1942.(Pub, Laws 421, 729, 77th Cong.; E.O.9250, 7 P.R. 7871)


Administrator.[P.R .Doe. 42-12268; Filed, November 21, 1942;

12:36 p.m.]

PART 1394--RATIONING OF FUEL AND FUELPRODUCTS

[Ration Order 5A,: Amendment 1 to Supp. 1]GASOLINE RATIONING REGULATIONS

Subparagraph (1) of paragraph (a) of§ 1394.2001 is amended; and a new para-graph (c) to § 1394.2001 is added; as setforth below:

j 1394.2001 Designation of unit valuein gallons of gasoline. (a) -* * *

(1) Three (3) gallons of gasoline withrespect to Abook coupons, except in WestVirginia, where A book coupons shallhave a value of four (4) gallons, andfour (4) gallons with respect to B, and Cbook coupons.

* * * * ##

(c) Amendment No. 1 (§ 1394.2001 (a)(1)) to Supplement No. I to Ration Or-der No. 5A shall become effectiveNovem-ber 22, 1942.(Pub. Law 671, 76th Cong., 3rd Sess., asamended by Pub. Law 89, 77th Cong., IstSess, and by Pub. Law 507, 77th Cong.,2nd Sess., Pub. Law 421, 77th Cong., 2ndSess., W.P.B. Dir. No. 1, Amendment No.2 to Supp. Dir. No. 1 (H), 7 P.R. 562,3478,3877, 5216). -

Issued this 21st day of November, 1942.LEON HENDERSON,

Administrator.'IF. R.Doc. 42-12261; Filed, November 21,1942;

12:37 p. m.117 P.R. 5255, 5362, 5426, 5566, 5606, 5660,

5674, 5943, 6267, 6684, 6776, 7510, 7399, 7811,7907.

PART 1404-RTIOmIG or RUBR FOOT-WEAR

[Ration Order 6, Amendment 51

MEN'S RUBBER BOOTS' AND RUBER wnKSHOES RATIONINGr REGULATION3

A. rationale for this amendment hasbeen issued simultaneously herewith andhas been filed with the Division of theFederal Register.*

A new § 140.4.37a and a new paragraph(e) to § 1404.71 are added, as set forthbelow:Acquisition and Transfer by Retailer,

Distributor and Manufacturer§ 1404.37a Obtaining Certificates to

replace rubber footwear transferred bya distributor to retail and distributingestablishments. (a) Any establishmentregistered as a distributing establishmentmay. at any time between November 28and December 5, 1942, Inclusive, apply tothe Board for Certificates representingthe number of pairs of each type of rub-ber footwear transferred by It to regis-tered retail or distributing establish-ments during the period from October 5to November 28, 1942, inclusive. Appli-cation shall.be made on OPA Form R-604and shall state the number of pairs ofeach. type of rubber footwear transferredin such period to registered retail or dis-tributing establishments, and the num-ber of pairs of each type for which re-placement Certificates are desired, Theapplication shall be accompanied by suchevidence as the Board may require.

(b) The Board, if it is satisfied thatthe facts stated In the application aretrue, shall Issue Parts I of Certificatesto the applicant for the number of pairsof each type of rubber footwear for whichsuch replacement is desired, not exceed-ing, for any type, the number of pairsof that type transferred by the estab-lishment to registered retail or distribut-ing establishments during the periodfrom October 5 to November 28, 1042,inclusive. -

(c) The number of pairs of rubberfootwear represented by Parts I of Cer-tificates issued pursuant to this sectionshall be reported by the applicant to theCentral Inventory Unit, Office of PriceAdministration, Empire State Building,New York City.

Effective Date§ 1404.71 Effective dates of amend-

ments. * * *(e) Amendment No. 5 (§ 1404.37 (a))

shall become effective November 21, 1942,(Pub. Laws 421 and 729, 77th Cong.;W.P.B. Directive No. 1, 7 F.R. 562, andSupplementary Directive No. I-N, 7 P.R.7730; E.O. 9250, 7 F.R. 7871)

Issued this 21st day of November 1942,LEON HENDERSON,

Administrator.

[P.R. Dec. 42-12264; Filed, November 21,1042:12:38 p. m.]

'17 P.R. 7748, 7967, 8363, 8809, 9084,

9736


PART 1499-CoaoDrrrES AND SERV E.S[Order 105 Under § 1499.18 (b) of GMPR]

PITTSBURGH COE ANMD IRON COOPANY

For reasons Set forth in an opinion Is-sued simultaneously herewith, It is or-dered:

§ 1499.1006 Adjustment of maximumprices for sales of 2* pyridine by thePittsburgh Coke and Iron Company. (a)The Pittsburgh Coke and Iron Company,of Pittsburgh, Pennsylvania, may sell,and any person may buy from such com-pany, 2* pyridine at the following maxi-mum prices:

(1) In non-returnable containers, -$0.445per gallon, plus actual invoice cost of con-tainers to seller.

(2) In returnable containers, $0.445 pergallon, without additional charge for con-tainers. Seller may require reasonable de-posit for return of containers, which rsust berefunded to buyer on return of container.Transportation charges on return of con-tainer shall be borne by seller.

(b) All discounts, allowances, freightand trade practices of the seller, not inconflict .with paragraph (a) above, in ef-fect with respect to the sale of the abovecommodity during March 1942, shall ap-ply to the maximum prices establishedin paragraph (a) above.

(c) This Order No. 105 may be re-voked or amended by the Price Admin-istrator at any time.

(d) This Order No. 105 (§ 1499.1006)is-hereby incorporated as a section ofSupplementary Regulation No. 14, whichcontains modifications of maximumprices established by § 1499.2.

(e) This Order No. 105 (§ 1499.1006)shall become effective November 23, 1942.(Pub. Laws '421 and -'729; 77th Cong.;E.O. 9250, 7 F.R. 7871)

Issued this 21st day of November 1942.Loi; HNmmEsoN,

Administrator.[F.R. Doc.-42-12262; Filed. November 21, 1942;

12:37 p. m.]

PART 1499-Co=oDITrEs AND SERVICES[Order 106 Under § 1499.18 (b) of GMPRI

THE NARRAGANSETT BREWING COMPANY

Order 106 under § 1499.18 (b) of theGeneral Maximum Price Regulation-Docket No. GF3-1880.

For the reasons set forth in an opin-ion issued simultaneously herewith, It isordered:

§ 1499.1007 Adjustment of maximumprices in the State of Connecticut forsales of fermented 2halt beverages man-ufactured by Narragansett BrewingCompany. (a) The Narragansett Brew-ing Company of Providence, RhodeIsland, its wholesalers and retailers maysell and deliver in the State of Connecti-cut and any person may buy and receivefrom the Narragansett Brewing Companyor any wholesaler or retailer, in theState of Connecticut, fermented maltbeverages manufactured by the Narra-gansett Brewing Company at prices nothigher than those set forth below:

(1) Maximum prices for NarragansettBrewin,, Company to sellers at wholecalc.The maximum prices established under§ 1499.2 of the General Mlaximum PriceRegulation for the Narragansett BrewingCompany plus the following amounts:40 per case of 24 twelve ounce bottles100 per case of 12 thirty-two ounce bottlas

(2) Maximum prices which a whole-saler may charge a retailer for fermentedmalt beverages manufactured by theNarragansett Brewing Company. Themaximum prices established under§ 1499.2 of the General Maximum PriceRegulation for the particular wholesalerplus the following amounts:40 per case of 24 twelve ounce bottles100 per case of 12 thirty-two ounce bottle3

Provided, That if the particular whole-saler raised his prices during March 1942,he may add only the excess, If any, ofthe adjustment permitted hereunder-over the amount by which he Increasedhis prices during March.

(3) -Maximum prices which, retailersmay charge for fermented malt bever-ages manufactured by NarragansettBrewing Company. The maximum pricesestablished under § 1499. of the GeneralMaximum Price Regulation for the par-ticular retailer plus 10 for 3 twelve ouncebottles and 1 for each thirty-two ouncebottle: Provided, That such prices as in-creased shall not exceed 279 for 3 twelveounce bottles and 2 20 for each thirty-two ounce bottle.

(b) Notification of adjustment. (1)All wholesalers who purchase fermentedmalt beverages from the NarragansettBrewing Company shall be notified Inwriting by such company on or beforethe first delivery after the effective dateof this order as follows:

The OMee of Price Administration has per-mitted us to raise our maximumn prlce3 forsales to you of our fermented malt beverages,4 per case of 24 twelve ounce bottles and 100per case of 12 thirty-two ounce bottles overour March ceiling prices. This amount rep-resents that amount of cowt Increaze vhlchwe were unable to absorb and It was grantedwith the understanding that wholelo andretail price3 would be Increased only in cer-tain cn and under certain conditions. Youmay add to your present maximum price 40per case of 24 twelve ounce bottles and 10gper case of 12 thirty-two ounce bottlc: Pro-vided., That If you raised Sour price on theeproducts during March 1942, you may nowadd only the excess, If any, of the adjustmentabove mentioned over the amount by whichyou increased your prlces during March.

(2) All -ellers at wholesale who sellfermented malt beverages manufacturedby the Narragansett Brewing Companyto retailers shall notify in writing suchretailers on or before the first deliveryafter the effective date of this order asfollows:

The OMce of Price Administration has per-mitted the Narragansett Brewing Companyto add to its maximum price 40 l-r ca-ce of24 twelve ounce bottles and 10W per ca.o of12 thirty-two ounce bottles. We are per-mitted to add this same increase to ourMarch ceilings prices to you: Prorvdcd, Thatif our price was increased during March 1942we could add only the exc=, If any, of thisadjustment over the Increase that tcol: placein March. Accordingly, you are permitted to

add to your calling prices 10 on quantity salesof 3 twelve ounce bottles and 10 on eachthirty-two ounce bottle: Provaidd, That suchprices as increa d shall not excead 270 for3 twelve ounce bttles of 22. for each thirty-two ounce battle.

(c) All prayers of the application notgranted herein are denied.

(d) This Order No. 106 may be re-voked or amended by the Price Admin-istrator at any time.

(e) This Order No. 106 (§ 1499.1007)is hereby incorporated as a section ofSupplementary Regulation No. 14 whichcontains modifications of maxfinumprices established by § 1499.2 of the Gen-eral Maximum Price Regulation.

(f) This Order No. 106 (§ 1499.1007)shall become effective November 23, 1942.(Pub. Laws 421 and 729, 77th Cong.; E.O.9250, 7 F.R. 7871)

Issued this 21st day of November 1942.LEOi HEzInnso",

Administrator.IF. n. Dcc. 42-12263; Filed, November 21,1942;

12:37 p. m.]

Chapter XMI-Offlce of PetroleumCoordinator for War

[Recommendation 611

PaRT 1504--PocEss3r AM RnrM-31n4SPEaT A1D ASPHLTre PRODUcTS

To manufacturers and processors ofasphalt and asphaltic products:

The requirements of war make neces-sary the efficient utilization of petroleumtransportation and storage facilitie.One means which will tend to accomplishthis purpose Is the elimination of un-necessary grades of paving asphalt whichare being manufactured.

Therefore, pursuant to the President'sletter of May 28, 1941, establishing theOffice of Petroleum Coordinator for War,I do hereby recommend that Immediatelyand until further notice:E.15 4.112 Manufacture of asphalt.1504.113 Grade3 of asphalt.1504.114 Date of applicability.1504.11 Area of applicability.

Aurno=r: §J 1504.112 to 1e04115, inclu-lve, I -sued under the President's letter of

May 28, 1941. to the Secretary of the Interior(0 PIt. 2720).

§ 1504.112 Manufacture of asphalt.No asphalt or asphaltic products for pav-ing purposes other than the grades speci-fled in § 1504.113 of this chapter shall bemanufactured after the effective date ofthis recommendation.

§ 1504.113 Grades of asphalt. Thegrades of asphalt and asphaltic productsfor paving purposes which may be manu-factured after the effective date of thisrecommendation are:

Asphalt coments: Penetration Rangts--50-C0, 85-100, 120-150, 150-200, 20030.1 Fed-

'SSame specflications as 150-200 penetra-tion asphalt except that the softening poaintahall to 90-125 degrees Fahrenheit, and pene-tration at 77 degrees Fahrenhelt, 100 grams,5 ceconds, shall be 200-300.

9737

FEDERAL REGISTER, Tuesday,. November 24, 1942

eral Speciflcations-SS-A-706a (November20, 1940) and SS-R-406a (April 25; 1942).

Medium curing cutback asphalts: MC-1,MC-2, MC-3, MC-5. Federal Specifications-SS-A-671a (June-20, 1941) and SS--P-406a(April 25, 1942).

Rapid- curing cutback asphalts: RC-1 2RC-2, RC-3, RC-5. Federal Specifications-SS-A-671a (JUne 20, 1941) and SS-R-406a(April 25, 1942).

Emulsifled asphalts: Types I, II, MtI, V.Federal Speciflcations-SS-A-674 (May 7,1935) and SS-A-674, Amendment-1 (March1936).

§ 1504.114 Date of applicability. Thisrecommendation shall become effectiveon November 25,-1942.

§ 1504.115, Area of applicability. Thisrecommendation shall apply to the Corr-tinental United States.

RALPH K. DAVIES,Deputy Petroleum Coordinator

I_ for War.iF. R. Doc. 42-12281; Filed, November 23, 1942;

11:14 a. m.]

TITLE 33--NAVIGATION ANDNAVIGABLE WATERS

Chapter II-Corps of Engineers, WarDepartment

PART 203-BRinGE REdULATIoNS

CALIFORNIA

Pursuant to the provisions of section 5of the River and Harbor Act approvedAugust 18, 1894 (28 Stat. 362; 33 U. S. C.499), paragraph (b) of the rules and reg-ulations to govern the operation. of thedrawbridges crossing all navigable watersof the United States within the Stateof California approved March 4, 1936, asamended July 15, 1940, is hereby furtheramended as follows:

§ 203.710' State of California; bridgeregulati6ns for all navigable waterwaysof the United States within California,including San Francisco Bay and con-nected bays and river systems tributarythereto. *

(b) *(4) Sacramento River.

BELOW CHICO LANDING

Highway Bridge across Sutter Sloughnear Courtland. The owner of, oragency controlling, the bridge will notbe required to keep draw tenders in con-stant attendance at the above-mentionedbridge.

Whenever a vessel, unable to passunder the closed bridge desires to passthrough the draw, at least 8 hours' ad-vance notice to that effect shall be givento the Sacramento County Engineer orto the draw tender of the SacramentoRiver Walnut Grove Bridge.

Upon receipt of such notice, promptopening of the draw shall be arrangedfor the time specified in the notice forthe passage of the vessel.

2 Rapid curing cutback asphalt RC-1 maybe manufactured only when this product isto be transported from a refinery to a ter-minal via barges.

35 P.R. 1696, 2671.

The owner of, or agency controllifig,the bridge shall keep conspicuouslyposted on both the upstream and down-stream sides of the bridge, in such man-ner that it can easily be read at any time,a copy of these regulations, together withnotice stating exactly how- the represent-atives specified above may be reached.

The operating machinery of the drawshall be maintained in a serviceable con-dition, and the drawv opened and closedfrequently enough to make certain thatthe machinery is in proper order forsatisfactory operation. (28 Stat. 362; 33U.S.C. 499) [Regs. CE 6371 (Sacra-mento Co. (Calif.--Sutter Slough---1/2 mile So. Courtland)-SPEON)I

(SEAL] A. J. ULIo,Major General,

lThe Adjutant General.[F. R. Doe. 42-12172; Filed, November 20, 1942;

1:30 p. m.]

TITLE 43-PUBLIC LANDS: INTERIORSubtitle A-Office of the Secretary of

Interior-PART 4-DELEGATION OF AuTnoRiTyBy virtue of the authority vested In

the Secretary of the Interior to issuerules and regulations in the administra-tion: of the functions of-the Departmentof the Interior; the authority conferredby the act -of March 14, 1862 (12 Stat.355, 369, ch. 41; secs. 438, 439 Rev. Stats.:5 U.S.C. (1940 ed.) sees. 482, 483); theact of March 3, 1885 (23 Stat:478, 497,ch. 360; 5 U.S.C. (1940 ed.) sec. 482);the act of May 9, 1935 (49 Stat. 176, 177,ch. 101; 5 U'.S.C. (1940 ed.) sec. 481a);the act of March 28, 1918 (40 Stat. 499,ch. 29; 5 U.S.C. (1940 ed.) sec. 483); sec.161, Rev. Stats., 5 U.S.C. (194G ed.) sec.22; and the general authority of the Sec-retary of the Interior to prescribe thefunctions and delegate the duties to beperformed by the Under Secretary ofthe Interior, the First Assistant Secre-tary of the Interior and the AssistantSecretary of the Interior, the followingdelegation of authority is hereby ,orderedand prescribed:

§ 4.1 Delegation of authoity to theUnder Secretary, First Assistant Secre-tary, and Assistant Secretary of the In-terior. The Under Secretary, the FirstAssistant Secretary and the AssistantSecretary of the Interior are herebyrespectively authorized and directed,with respect to any matter, duty or func-tion relating to, arising under, or In con-nection with the following bureaus,offices, officers, and functions of the De-partment of the Interior, to perform allthe functions and duties and exercise allthe powers, authority and discretion ofthe Secretary of the Interior, and the-acts and directions of the Under Secre-tary, the First Assistant Secretary, or theAssistant Secretary, respeqtively, pur-suant to the authority- herein delegated;shall be deemed to be the acts and direc-tions of the Secretary of the Interior:

(a) Under Secretary of the Interior:1. NationaI Park Service.2. Bureau of Reclamation.3. Grazing Service.

4. Bituminous Coal Division. 05. Petroleum Conservation Division.

.6. Division of Territories and Island P03-sessions.

(b) First Assistant Secretary of theInterior:

1. General departmental administration,2. Budget matters.3. Organization Surveys.4. Division of Personnel Suporvision and

Management.5. Classification Division.6. Office of Land Utilization.7. Office of the Chief Clerk.8. Office of the Departmontal Repre enta-

tive of the Advisory Council, Civilian Conser-vation Corps.

9. Office of the Adviser on Labor Relations.

(c) Assistant Secretary of the Inte-rior:.

1. General Land Office.2. Geological Survey.3. Bureau of Mines.4. Office of Indian Affairs.5. Fish and Wildlife Service.6. United States Board on Geographical

Names.

§ 4.2 Authority in absence of desig-nated secretarial official. In the absenceof the Secretary, the Under Secretarywill, as Acting Secretary, perform theduties and functions and exercise thepowers, authority ane discretion of thoSecretary of the Interior. In the absenceof-the Secretary and the Under Secre-tary, the First Assistant Secretary, and Inhis absence the Assistant Secretary, will,as Acting Secretary, perform the dutiesand functions and exercise the powers,authority and discretion of the Secretaryof the Interior. In the absence of eitherthe Under Secretary, the First AssistantSecretary or the Assistant Secretary, theSecretary or Acting Secretary of thoInterior will designate the person whoshall perform the duties and functionsand exercise the authority, powers anddiscretion of the Under Secretary, theFirst Assistant SeCretary or the AssistantSecretary, respectively.

§ 4.3 Offices under direct supervisionof the Secretary. The following officesand divisions shall remain under thedirect supervision of the Secretary of theInterlor:

1. Office of the Solicitor.2. Division of Information.3. Division of Power.4. Office of Field Representatives.5. Office of the Petroleum Coordinator for

War.6. Office of Solid Fuels Coordinator for War.7. Office of Fihery Coordination.

§ 44 Prior orders superseded. Thisorder supersedes Orders 1386 of May 20,1939, and 1611 of September 23, 1941; butnothing herein shall be construed to in-vaIidata any act heretofore performedby any of the secretarial officials pur-suant to any order of delegation hereto-fore in force.

This order shall be published in thoFEDERAL REGISTER.

Issued and effective this 20th day ofNovember, 1942.

HAROLD L. Icrs,Secretary of the Interior.

[F. R. Doc. 42-12241; Filed, November 21, 1042,11:16 a. m.]

9738

FEDERAL REGISTER, Tuesday, November 24, 19.12

TITLE 49-TRANSPORTATION ANDRAILROADS

Chapter I-Interstate Commerce Com-mission

[Docket No. 3666]

PARTS 73 To 81-TRANSPORTATION OFEXPLOSIVES

PART 2-COMMODITY LIST OF EXPLOSIVESAND OTHER DANGEROUS ARTICLES'

ATmonrn: Issued under sec. 233, 41 Stat.1445, sec. 204 (a) (2), 49 Stat. 546; 18 U.S.C.383, 49 U.S.C. 304.

At a session of the Interstate Com-merce Commission, Division 3, held at itsoffice in Washington, D. C., on the 28thday of October, A. D. 1942.

Superseding and amending list, orderAug. 16, 1940, or Nov. 8, 1941, as follows:

Order in the matter of regulations fortransportation of explosives and otherdangerous articles.

It appearing, that certain new andamended regulations for the transporta-tion of explosives and other 'dangerousarticles by rail in freight, express andbaggage services, and by water and high-way, have been proposed for our ap-proval, pursuant to section 233 of theCriminal Code (Transportation of Ex-plosives Act), and section 204 (a) (2)of Part II of the Interstate CommerceAct;

It further appearing, that by noticedated September 16, 1942, these pro-posals were circulated among all partiesof record, specifying the changes pro-posed .f&r our approval; and that cer-tain emergency changes hereinafter setforth were thereafter submitted for suchapproval;

It further appearing, that in said no-tice it was stated that any party desir-ing to be heard upon any proposedamendment therein should advise theCommission in writing within 20 daysfrom the date of this notice; otherwisethe Commission might proceed to in-vestigate and determine the matters in-volved in the applications, or might sus-

, pend action pending formal hearing;It further appearing, that as a result

of conferences on matters involved inthe proposed changes set out in notice ofSeptember 16, 1942, and the proposedemergency changes thereafter submitted,agreement was reached by all parties ofrecord with respect to the 'suggested re-quirements;

And it further appearing, that the saidnew and amended regulations have beenconsidered, and the Division finds thatthe said new and amended regulationsattached to and made a part of this orderare in accord with the best-known prac-ticable means for securing safety intransit, covering the packing, marking,loading, handling while in transit, andthe precautions necessary to determinewhether the material when offered is inproper condition to transport:

It is ordered, That the aforesaid regulations heretofore published in ordersof August 16, 1940, November 8, 1941,

'Parts 2, 3, 4, and 5 In this order appearin CFR as Parts 73, 75, 80 and 81.

December 18, 1941, February 26, 1942,and July 14,1942, be and they are herebysuperseded and amended as indicated in

the regulations made a part hereof, asof the effective date of this order, asfollows:

Artel Mzda3 and p-Ain.- I latel qumitity.I ( . 4 expre-7,

(Chmop) Ruladlene, Se LIqucrd ptr tvum Ra cr

(Add) Butyraldbyde . .......................... Inf. L-.... 10 Gc,110 a Ecd - ZpRown.(Ad%) &711dr¢lkic crd. E'n~c~t .' lyurZ-,n

chloride.(Add) IlydrcZn chlorkie-----.... ... Xcn~f. G_ ,: Green ZcO Ic; .

PART 3-REGULATIONS APPLYING TOSHIPPERS

Superseding and amending par. (b),sec. 29, order Aug. 16, 1940, to read asfollows (empty containers):

(b) They may be loaded In open orstock cars when desired. Cars should notbe placarded but lighted open-flamelanterns or other open-flame lightsshould be kept away.

Amending sec. 60, order Aug. 16, 1940,as follows (packing black powder and lowexplosives) (Add (b) (3) (a)):

(a) Becaus& of the present emergencyand until further order of the Commis-sion, black powder and low explosivesmay be shipped in fiber kegs, spec. 13A.

Amending pars. (b) (6), (b) ('7), (b)(9), (b) (10), (b) (16), and (c) (2),sec.62, order Aug. 16, 1940, as follows (pack-ing blasting caps and electric blastingcaps) (Add):

No-=: Because of the prezent emergencyand until further order of the Comml Ion,fiberboard boxes, spec. 23F, may be ured Inlieu of prescribed wooden boxes, rpc. 14,15A, or 16A.

Superseding and amending par. (J)(2) sec. 65, order Aug. 16, 19J0, to readas follows (packing smokeless powder):

(2) In tightly closed metal cans, orfiber containers, not exceeding one-pound each, packed in outside woodenboxes, speo. 15C. Not more than 10 one-pound cans or 10 one-pound fiber con-tainers may be shipped in one outsidebox. Each outside package must beplainly marked "Smokeless Powder forSmall Arms" or "Smokeless Powder forCannon," as the case may be.

Amending sec. 68, order Aug. 16, 1940,as follows (packing cordau detonant) :Delete par. (c) reading as follows:"Weight-Gross weight of one outsidebox must not exceed 150 pounds."

Superseding and amending par. (ce),sec. 101, order Aug. 16, 1940 to read asfollows (packing Inflammable liquids-outage):

(e) Inflammable liquids must not beloaded into domes of tank cars, exceptas follows:

Because of the present emergency anduntil further order of the Commission,and only for shipments made during themonths of October to April, inclusive,crude petroleum oil and gasoline havinga vapor pressure not exceeding 16 poundsper square inch, absolute, at 1000 F. maybe loaded not to exceed 98 percent of the

combined shell and dome capacity of thetank car.

Nor: The fore-.olng permsson is grantedfor Inflammabla liquids having low ccza-clents of expansion, provided adequate con-trol I, exercL,id ro that sufficlent outage,and not lecs than 2 percent outnage, areobtained.

Superseding and amending sec. 103,order Nov. 8, 1941, to read as follows(packing Inflammable liquids-exemp-tions) :

(a) Inflammable liquids, except car,.boa bisulfdq (disulflde), ethyl chloride,ethylene oxide, nzicel carbonyl, spiritsof nitroglycerin in excess of one percentby Weight, and zine ethyl, in inside glassor earthenware containers not over 1 pintor 16 ounces by weight each, or insidemetal containers not over 1 9uart ca-pacity each, packed in strong outsidecontainers, except as otherwise provided.are excempt from specification packag-ing, marking and labeling requirementsfor transportation by rail freight or high-way. When for transportation by car-rier by water they are exempt from spec-ification packaging, marking other thanname of contents, and labeling require-ments.

(b) Inflammable liquids, except car-bon bisulfide (disulfide), ethyl chloride,ethylene oxide, nickel carbonyl, spiritsof nitroglycerin in excess of one percentby weight, and zine ethyl, in inside con-tainers not over 1 pint or 16 ounces byweight each, packed in strong outsidecontainers, are exempt from specifica-tion packaging, marking, and labelingrequirements for transportation by railfreight, rail express, or highway. Whenfor transportation by carrier by waterthey are exempt from specification pack-aging, marking other than name of con-tents, and labeling requirements.

Superseding and amending sec. 105,order Nov. 8, 1941, to read as follows(packing self-propelled vehicles-exemp-tions):

105. Automobiles, motor cycles, trac-tors, or other self-propelled vehicles,equipped with acetylene gas cylinders orgasoline or other fuel tanks are exemptfrom specification packaging, marking.and labeling requirements, provided suchcylinders and tanks are securely closed,for transportation by rail freight, railexpress or highway. When for trans-portation by carrier by water they areexempt from specification packaging,marking other than name of contents,and labeling requirements. When

9V739


offered for transp6rtation by carriers byrail freight or highway, drainage of fueltanks is not required. When offered fortransportatioil by rail express, fuel tanksmust have been drained and securelyclosed.

Amending sec. 110, order Aug. 16, 1940,as foll o w~s (packing inflammableliquids): Delete par. (b) (31 reading asfollows: "Spec. 5B.-Metal barrels ordrums."

Amending par. (f), sec. 113, order July14, 1942, as follows (packing paints, etc.-exemptions) (Add):

(f) (1) Because of the present emer-gency and until further order of theCommission, paint and varnish may beshipped under the conditions prescribedin sec. 113 (f) In containers not exceed-ing 1 gallon capacity with fiberboardbodies and metal tops and bottoms madeleakproof -in lieu of glass, earthenware,or metal containers as specified.

Superseding and amending par. (d),sec. 114, order Nov. 8, 1941, to read asfollows (packing polishes, etc.-exemp-tions) :

(d) Polishes, metal, stove, furnitureand wood, liquid, in glass-or earthen-ware containers of not over 1 quart ca-pacity each, or metal containers not over5 gallons capacity each, packed in strongoutside containers are exempt fromspecification packaging, marking, andlabeling requirements for transportationby rail freight or highway. When fortransportation by carrier by water theyare exempt from specification packag-ing, marking other than name of con-tents, and labeling requirements. (Seesec. 103 (b) for rail express exemptions.)

Superseding and amending sec. 115, or-der Nov. 8, 1941, to read as follows (pack-ing refrigerating machines-exemp-tions) :

115. Refrigerating machines assembled'for shipment and containing not over15 pounds of an inflammable liquid fortheir operation-are exempt from speci-fication packaging, marking and labelingrequirements for transportation by railfreight, rail express, or highway. Whenfor transportation by carrier by waterthey are exempt from speciffcation pack-aging, marking other than name of con-tents, and labeling requirements.

Superseding and amending par. (c),sec. 117, order Aug. 16, 1940, to read asfollows (packing rubber cement):

(c) Spec. 17E. Metal barrels or drumsirrespective of flash point.

Superseding and amending sec 153, or-der Nov. 8, 1941, to read as follows (pack-ing Inflammable solids and oxidizing ma-terials-exemptions) :

153. Inflammable solids, and oxidizingmaterials in Inside containers not over1 pound net weight each in outside con-tainers not exceeding 25 pounds netweight each, are exempt from specifica-tion packaging, marking, and labelingrequirements, unless otherwise provided,for transportation by rail freight, railexpress, or highway. When for transpor-tation by carrier by water they are ex-empt from specification packaging,

marking other than name of contents,and labeling requirements. (See sec-tion 154 for articles not exempted andsection 183 for exemptions for nitrates.)

Superseding and amending par, (a)(1), sec.-162, order Nov. 8, 1941, to readas follows (packing' charc6al-exemp-tions):

162. (a) (1) Charcoal as described inthis paragraph is exempt from specifica-tion packaging, marking, and labeling re-quirements for transportation by railfreight or highway but when for trang-sportation by catrier by water it is ex-empt f r o m specification packaging,marking otler than name of contents,and labeling requirements. When

-offered for transportation by rail ex-press, charcoal, except charcoal bri-quettes, must be packed in barrels, bags,and boxes and must bear the yellow label.

Amending sec. 173, order Aug. 16, 1940,as follows (packing potassium perchlo-rate) (Add):

(in) Potassium perchlorate must bepacked in specification containers pre-scribed in section 173 (b) to (1), or intight bags which will not permit siftingin transit. 0

Superseding and amending par. (k)(1), sec. 176, order Nov. 8, 1941, to readas follows (packing matches-exemp-tions) :

(k) (1) Matches, strike-on-box, book,and card, in outside fiberboard or woodenboxes, or matches, strike-on-box, bookand card when packed with noninflam-mable articles provided they are in-cluded in a tightly closed cardboard orfiberboard container, or are securely-wrapped and packed so as to preventaccidental Ignition, before being packedin the outside containers, are exemptfrom %pecification packaging, marking,and labeling requirements for transpor-tation by rail freight, rail express, orhighway. When for transportation bycarrier by water they are exempt from

.syeciflcatlon packaging, marking otherthan name of contents, and labeling re-quirements.

Superseiding and amending par. (a),sec. 181, order Nov. 8, 1941, to read asfollows (packing motion-picture film--exemptions):

181. (a) Motion-picture film as followsis exempt from specification packaging,marking, and labeling requirements for-rail freight, rail express, or highwaytransportation, but when for transpor-tation by carrier by water is exempt fromspecification packaging, marking otherthan name of contents, and labelingrequirements:

Superseding and amending see. 183,order Nov. 8, 1941, to read as follows(packing nitrates-exemptions):- 183. Nitrate of aluminum, nitrate ofammonia, nitrate of barium, nitrate oflead, nitrate of potash, nitrate of sodium(nitrate of soda), nitrate of strontia,nitro carbo nitrate, calcium nitrate, orother inorganic nitrates and guanidinenitrate, are exempt from specification-packaging, marking, and labeling re-quirements for transportation by rail

freight, rail express, and highway whenpacked as follows: in metal cans In out-side fiberboard boxes; In wooden boxes,kegs, or barrels, metal cans, metal drumsor fiber trums; In glass bottles In outsidefiber boxes not exceeding 25 pounds netweight; calcium nitrate In bags; am-monium nitrate, or guanidine nitrate, Inbags containing not over 200 pounds, netweight, made moisture proof, tightagainst sifting, and of strength not lessthan bags made of 8-ounce burlap.When for transportation by carrier bywater they are exempt from specifica-tion packaging, marking other thanname of contents, and labeling require-ments. (See column 5 of CommodityList, Part 2, for maximum quantity thatmay be shipped in one outside packageby express).

Amending par. (e) , sec. 204, order Aug.16, 1940, as follows (packing sodiumhydrosulfite) (Add):

Nors: Because of the present emergencyand until further order of tho Commission,the use of.Inside metal drums will not borequired but In lieu thereof the drum mustbe supplied -with a moisture proof liner, orIt must be shipped in spec. 21A fibor drumowith one added ply of asphalt laminatedKraft, 30/60/30 basis welght in side walis andheading (metal heading excluded): drums towithstand two drops from height of 4 feetin same spot or one 6-foot drop, in place ofdrop test as provided in specification 21A;maximum loaded capacity 250 pounds net.

Superseding and amending sec. 244,order Nov. 8, 1941, to read as follows(packing corrosive liquids-exemptions):

244. (a) Acids and other corrosiveliquids in quantity not exceeding 1 poundbottles each inclosed In a metal can Inthe outside package are exempt from

-specification packaging, marking, andlabeling requirements unless otherwiseprovided, for transportation by railfreight or highway. When for trans-portation by carrier by water they areexempt from specification packaging,marking other than name of contents,and labeling requirements, unless other-wise provided.

(b) Other exemptions from specifica-tion packaging, marking, and labelingrequirements for rail freight, rail expressand highway transportation and exemp-tions from specification packaging,marking other than name of contents,and labeling requirements for transpor-tation by carrier by water, are shownwith the packing requirements for thearticle.

Superseding and amending par, (a)(1), sec. 250, order Nov. 8, 1941, to readas follows (packing self-propelled ve-hicles-exemptions) :

250 (a) (1) Automobiles or other sell-propelled vehicles equipped with chargedelectric storage batteries, or with chargedelectric storage batteries removed fromvehicles; and charged electric storagebatteries when Included In carload ortruckload shipments of automobile partsor assembled material are exempt fromspecification packaging, marking, andlabeling requirements as follows:

Amending sec. 253, order Aug. 16, 1940,as follows (packing chloracetyl chloride)(Add) :

9740

9R741FEDERAL REGISTER, Tuesday, November 24, 1912

(e) Spec. 1A or 1C. Carboys in boxesor kegs. Use of these containers will bepermitted because of the present emer-gency and until further order of theCommission.

Superseding and amending pars. (c)and (d), sec. 260, order Nov. 8, 1941, toread as follows (packing electric storagebatteries-exemptions) :

(c) Electric storage battfries, contain-ing electrolyte or corrosive'battery fluid,of the nonspillable type, protectedagainst short circuits and completelyand securely boxed are exempt fromspecification packaging, marking, andlabeling requirements for transportationby rail freight, rail express, or highway,but when for transportation by carrierby water they are exempt from specifi-cation packaging, marking other thanname of contents, and labeling require-ments.

d) Carload or truckload shipmentsof electric storage batteries containingelectrolyte or battery fluid, logded orbraced to prevent damage in transit andshort circuits, are exempt from specifl-cation packaging, marking, and labelingrequirements.

Superseding and amending par. b)(1), sec. 261, order Nov. 8, 1941, to readas 'follows (packing fire-extinguishercharges-exemptions):

(b) (1) Fire-extinguisher charges as- described in the following paragraphs

are exempt from specification packag-ing, marking, and labeling requirementsfor transportation by rail freight, railexpress, or highway, but when for trans-portation by carrier by water they. areexempt from specification packaging,marking other than name of contents,and labeling requirements:

Amending par. (h) (3), sec. 264, orderNov. 8, 1941, as follows (packing hydro-fluoric acid) (Add):

NoTv: Because of the present emergencyand until further order of the Commission,containers of not over 55-gallon capacity6'ach, of 14-gage metal, are authorized, pro-vided test requirements of this paragraphare maintained and provided containers areretired from rervice after showing a 15 per-cent loss of tare weight.

Superseding and amending par. '(a)(5), sec. 266, order Aug. 16, 1940, to readas follows (packing hydrogen peroxide):

(a) (5) Spec. 42D. Aluminum drumswith vented closure in top head; not over30 gallons capacity. Closure must besealed to prevent removal in transit andtop head plainly marked "KEEP THISEND UP" or '"EEP PLUG UP TO PRE-VENi SPILLAGE". Aluminum drumsalready in service for the transportationof this material, manufactured prior toApril 24, 1934, and of at least equalstrength and efficiency thereto, may becontinued in use until further order ofthe Commission.

Superseding and amending pars. (f)and (m), sec. 272, orders Aug. 16, 1940,and Nov. 8, 1941, to read as follows(packing sulfuric acid) :

(f) Spec. 103A.-Tank cars. For acidof 1.5591 specific gravity (52'Be.) orgreater strength.

(in) Spec. MC310O-Tank motor ve-hicles. For acid of 1.5591 specific grav-Ity (52*Be.) or greater strength.

Superseding and amending par. (a).sec. 302, order Nov. 8, 1941, to read asfollows (packing compressed gasses-exemptions) :

302. (a) Compressed gases, exceptpoisonous gases as defined by sec. 326(a),are exempt from specification packaging,marking, and labeling requirements fortransportation by rail freight, rail ex-press, or highway, but when for trans-portation by carrier by water they areexempt from specification packaging,marking other than name of contents,and labeling requirements, as follows:

Amending table, par. (q) (1), sec. 303,order Aug. 16, 1940, as follows (com-pressed gases in tank cars):

Maximum

dandty.red 'k CY., Noto 2Nto I -

(Add) Liqucfd by. Xcto 3... Note V: ICC-L.drern Ras (ou-tadeno) (rcmurenot exceedln 75rounds tsr scoE at 1i,"' Iabr.I

Superseding and amending title fortable, Note 3 of par. (q) (1), sec. 303,order Aug. 16, 1940, to read as follows(liquefied petroleum gas or butadlene intank cars):Maximum Permitted Filling Density in

Tank Cars Transporting Liatuefted Pe-troleum Gas or Butadiene of Specific

i, Gravity Shown, Ta7n at 60 DegreesFahrenheitAmending par. q) (2), sec. 303, order

Aug. 16, 1940, as follows. (compresedgases in tank cars) (Add):

No-s: Becaue of the prezent emergencyand until further order of the Commirrion,ICC-107A tanks may be charc4 with heliumto a pressure 10 percent In exce:3 of themarked maximum ga pressure at 1300 F. ofeach tank.

Superseding and amending subpar. 2of Note added to par. (q) (7), sec. 303,order Dec. 18, 1941, to read as follows(compressed gases in tank cars):

2. Discharge areas of safety valves tobe increased so as to be suitable for pro-tection against damage to the larger-capacity tanks herein authorized.

Superseding and amending par. (a),see. 338, order Nov. 8, 1941, to read asfollows (packing class B poisons, liquid-exemptions):

338. (a) Poisonous liquids, class B, asdefined in sec. 336, except hydrocyanicacid solutions, methyl bromide, motorfuel anti-knock compound, phenyldi-chlorarsine and tetraethyl lead. Intightly closed Inside containers, securelycushioned when necessary to prevent

breakage and packed as follows, are ex-empt from specification packaging,marking, and labeling requirements Tortransportation by rail freight, rail ex-press, or highway, but when for trans-portation by carrier by water are exemptfrom specification packaging, markingother than name of contents, and label-ing requirements:

Superseding and amending pars. (h)and (i), see. 349, order Aug. 16, 1940, toread as follows (packing poisonousliquids, class B) :

(W) Spec. 12B. Fiberboard boxes withglass or earthenware inside containersnot over 1 quart capacity each, or withmetal inside containers not over 1 galloncapacity each. Packages containingglass or earthenware containers mustnot weigh over 65 pounds gross.

Superseding and amending par. (a),sec. 352, order Nov. 8, 1941, to read asfollows (packing poisonous solids, classB-exemptions):

352 (a) Poisonous solids, class B, ex-cept cyanides, other than as specified insec. 357 (b), in tightly closed inside con-tainers, securely cushioned when neces-sary to prevent breakage and packed asfollows, are exempt from specificationpackaging, marking, and labeling re-quirements for transportation by railfreight, rail express, or highway, butwhen for transportation by carrier bywater they are exempt from specificationpackaging, marking other than name ofcontents, and labeling requirements:

Amending par. (b), see. 354, order Aug.16, 1940. as follows (packing arsenicalcompounds, n. o. s., etc.) (Add):

No=: Becaus of the present emergencyand until further order of the Comms.sion,wooden hap3 a3 specified in par. 6 of speci-flcation 11A may ba us-d in lieu of steelhcops requlred by specification 10B.

Superseding and amending par. Wk,sec. 361, orders Aug. 16, 1940, and July14, 1942, to read as follows (packingpoisonous solids):

(I) Spec. 21A. Fiber drums. Netweight not over 115 pounds each. Or,because of the present emergency anduntil further order of the Commission,use of the following container will bepermitted:

Spec. 21A. Fiber drums. Drams towithstand two drops from height of 4feet in same spot or one 6-foot drop, inplace of drop test as provided in speci-fication 21A; maximum loaded capacity225 pounds net.

Superseding and amending see. 422,order Aug. 16, 1940, to read as follows(switching ticket) :

422. When the initial movement is aswitching operation, the switching order,switching receipt or switching ticket, andcopies thereof, prepared by the shipper,must bear the placard indorsement andslpper's certificate prescribed by sec.584 (a) and sep. 421.

Amending order Aug. 16, 1940, as fol-lows (marking on motor vehicles):


Delete sec. 424 reading as follows:"Marking on motor vehicles. See rg-ulations fdr marking on motor vehiclescontained in Motor Carrier Safety Reg-ulations, Revised, Part 7."

Appendix-Shipping ContainerSpeclfications

Amending par., 7, Specification 1A,order Aug. 16, 1940, as follows (boxedcarboys) (Add) :

(f) Special box-Must comply withthis specification except as follows: Bot-

Minimum dimensions Nalls-sides andbottom

Carboy capacity, not over Thick- Thickness(gallons) ness- Thick- and Carrying Tr mg ar Size, not Spacing,

sides, nes3 width of cleats l esl averagetop of bottom and corner than. not

•and bottom nailing shoes posts over 2-ends cleats

(inch) (inches) flnches) nh) (Inches) (Peanny) (Inches)1ie013---------------------------- ~ 25

2r by ;12 by 2g by 2% 8 2i1

23. 234. by 3l. 10 2 i

3 Screws ol equal efficiency authorized.2 Spacing 6 inches acceptable along edge grain of bottoms.

Superseding and amending par. 9 (a),specification 4B, order Aug. 16, 1940, toread as follows (welded and brazed steelcylinders) :

9. (a) Wall thickness. The wall stressshall not exceed 18,000 pounds per squareinch for cylinders with longitudinal sideseam nor 24,000 pounds )er square inchfor cylinders without such seam: Pro-vided, That a wall stress of not over22,800 pounds per square inch is author-

Ilolled or swedged.in hoops permitted.

Amending specification 12B, orderAug. 16, 1940, as follows (fiberboardboxes) (Add) :

31. Special box. Authorized only forpoisonous solids, class B, in 1Igallonmetal cans. Must comply with thisspecification except as follows: Must be1-piece type, of double-wall corrugatedfiberboard at least 400-pound test withall three facings at least 135-pound test;authorized gross weight 84 pounds.

Amending order Aug. 16, 1940, as fol-lows (Add):

SPrcATIoo 13A-FeEn Exs

General1. Compliance. Required in all details.

Construction2. Side walls. To be four or more

plies of fiber, spirally wound, with a2

ized for cylinders With copper brazedseam having strength at least 3/2 timesthe strength of the steel wall. Minimumwall 0.090 inch for any cylinder over5-inch outside diameter.

Superseding and amending 2d and 4thitems of table, par. 7, specification 6B,order Aug. 16, 1940, to read as follows(steel barrels or drums):

7. Parts and dimensions. As follows:

mininuim total thickness of 0.100 inch,the plies being secured togethc.! by ad-hesive.

3. Ends. To be four or more plies offiber with a minimum total thickness of0.120 inch, the plies-being secured to-gether by adhesive.

4. Collars. To be four or more pliesof fiber, spirally wound, with a mini-mum total thickness of 0.100 inch, theplies being secured together by adhesive;said collars to have a minimum overlapof L0 inch on the side walls and to besecured thereto by adhesive.

5. Reinforcing rings. To be six ormore plies of fiber, spirally wound, witha minimum total thickness of 0.200 inch,and a minimum width of 0.500 inch, theplies being secured together by adhesive;said rings to be secured in place by adhe-sive or by adhesive and stitching.

tom of box must be nailed to 4 nailingcleats which form part of the sides andends of box.

Top of box must be reinforced by 2cleats of 1/2 inch lumber 4 inches wide,e*--Tding the entire width of the top atright angles to the sides of the boards-forming the top; a vacant space of 1inch between outside edge of top andcleat should be allowed for nailing top_to box; parts and dimensions must be asfollows:

Closures6. Slide type. Metal holder, for slide,

securely fastened to head; washer- ofsuitable material 0.025 inch thick; metaldrop with depression to fit Into bunghole and hold washer in place; metalslide to cover the foregoing, Positivofastening required between slide andslide holder to prevent leakage In tran-sit; friction fastening not authorized.

(a) Cap or plug type. Metal holder,for cap or plug, securely fastened tohead; metal cap or plug, with gasketwhen necessary to prevent sifting. Pos-itive fastening required between cap, orplug, and holder to prevent leakage intransit; friction fastening not author-ized.

Tests7. Type tests. Sample kegs taken at

random, filled with fine dry sand, inweight equal to authorized net weight ofshipment, closed as for use, must with-stand tests without leakage or seriousrupture, as follows:

(a) Keg must be able to withstandfour successive drops of 4 feet onto solidconcrete so as to strike squarely on thehead.

(b) Keg must be able to withstandone drop from a height of 4 feet ontosolid concrete so as to strike diagonallyon its top chime.

No=z: No single leg rhall bo expcOted towithstand both tests (a) and (b). -

Superseding and amending headings,,table in par. 2, and footnote, specifica-tion 21A, order Aug. 16, 1940, to read asfollows (fiber drums):

Wooden heads 12 Fiber heads 12PART 4-REGULATIONS APPLYING PARTIO't-

LARLY TO CARRIRS BY PAM FREIOHT

Superseding and amending par (f),sec 526, order Aug. 16, 1940, to read asfollows (loading in car):

(f) Wooden or fiber kegs, barrels, ordrums, may be loaded on their sides orends, as will best suit the conditions.

Superseding and amending Note, par.(g), see. 526, order Feb. 26, 1942, to readas follows (loading in car):

No=: For recommended methods of blecll-ing and bracing, see Bureau of Explosives'Pamphlets 6 and 6A.

Superseding and amending par. 4 ofplacard, sec. 549, order Aug. 16, 1940, toread as follows (placard for dangerousexplosives, class A):

4. This car must not be placed next toplacarded tank cars, wooden-frame fiator gondola cars, carloads of pipe, lumber,poles, iron, steel or similar articles liableto break through end of this car fromrough handling; nor next to refrigeratorcars equipped with gas burning auto-matic refrigeration; nor next to cars con-

'Joints in head must be Linderman Joints,glued. A butt-jointed, glued wooden beadIs also authorized because of the presentemergency and until further order of -theCommission.

2Approved metal heads permitted whenauthorized (see paragraph 5).

9742


taining lighted heaters, stoves or lan-terns; nor next to cars with live stock orpoultry occupied by an attendant.

Superseding and amending pir. (d),sec. 561, order Aug. 16, 1940, to read asfollows (tank car unloading):

(d) Caution signs must be so placedon the track or car as to give necessarywarning to persons approaching car fromopen end or ends of siding and must beleft up until after car is unloaded anddisconnected from discharge connection.Signs must be of metal or other suitablematerial, at least 12 by 15 inches in sizeand bear the words, "STOP-Tank CarConnected," or "STOP-Men at Work,"the word "STOP" being in letters at least4 inches high and thd other words inletters at least 2 inches high. The let-ters must be white on a blue background.

Superseding and amending see. 568,order Aug. 16, 1940, to read as follows(inflammable vapors):

568. A boxcar or container car pla-carded "Dangerous", or known to con-tain inflammable liquids, gases, or vaporsmust not be entered with a lighted open-flamelantern, torch, or other fire, untilb.tth car doors have been opened andsufficient time allowed for ventilationand escape of any vapors. The presenceof these vapors will generally be indi-cated by characteristic odors. Whenleakageis continuous, ventilation will notremove the danger. The leaking pack-age should belocated and removed, usingelectric lights or waiting for daylight.

Superseding and amending sec. 578,order Aug. 16, 1940, to read as follows(inflammable vapors):

578. A box car or container car pla-carded 'Dangerous," or known to containinflammable liquids, must not be enteredwith a lighted open-flame lantern, torch,or other fire, until both car doors havebeen opened and sufficient time allowedfor ventilation and escape of any vapors.The presence of these vapors will gen-erally be indicated by characteristicodors. When leakage is continuous, ven-tilation will not remove the danger. Theleaking package should be located andremoved; using electric lights or wait-ing for daylight.

Superseding and amending par. (g),Sec. 584, order Aug. 16, 1940, to readas follows (waybills, switching orders, orother billing) :

(g) At stations where explosives are.loaded into a properly certified and pla-carded car received with other shipmentsof explosives, -or when shipments of ex-plosives are traisferred or reloaded, orcarload shipments are reconsigned, arecord must be kept of the car, origi-nating point, carrier's name and dateof car certificate.

Superseding and amending pars. (a),(b) and (c), see. 588, order Aug. 16, 1940,to read as follows (disposition of dam--aged or astray shipmens):

588. (a) Packages.of explosives foundinjured or broken-in transit may be re-coopered when this is evidently prac--ticable and not dangerous. A broken

No. 230-'--13

box of high explosives that can not berecoopered should be reinforced by stoutwrapping paper and twine, placed in an-other strong box and surrounded by dry,fine sawdust or dry and clean cottonIwaste or elastic wads made from drynewspapers. A ruptured can or kgshould be sealed with tape and shouldbe inclosed in a grain bag of good qual-ity and boxed. Injured packages thusprotected and properly marked may beforwarded. The box and waybill shouldbe marked to indicate that It has beenrepacked.

(b) Particles of explosive compositions -from damaged containers possibly maybe strewn on car floors or freight, anddue care should be exercised In repack-ing such containers that no sparks maybe produced by contact of metal orother hard surfaces, or otherwise. Waterwill prevent the explosion of practicallyall explosive substances except dynamite,and in such cases car floors should bethoroughly swept, and washed with aplentiful supply of water. Use of Iron-wheel trucks, metal hammers or othermetal tools that may produce sparks,should be avoided. This restriction doesnot apply to metal tools made of brass,bronze or copper.(c) Unless they are leaking, or in a

manifestly insecure condition, packagesof dangerous articles other than explo-sives in transit must be forwarded todestination and report made of any vio-lation observed. Leaking packages mustnot be forwarded until repaired or recon-ditioned.

Superseding and amending pars. (c),(i), and (j), see. 589, order Aug. 16, 1940,to read as follows (handling cars):(c) Whenever placards or car certifi-

cates become detached or lost In transitthe carrler must see that they are re-placed. If both car certiflcates aremissing, proper Inspection, in so far aspossible, must be made and new carcertificates applied.

(i) Cars placarded "Txploslves" mustnot be placed In through or local trainsnext to dead engines, placarded tankcars, wooden-frame flat or gondola cars;or carloads of pipe, lumber. poles, iron,steel, or simila lading in open-top carswhich may shift and break through endof car placarded "'Exploslves" due torough handling; refrigerator carsequipped with automatic refrigeration ofthe gas-burning type; nor next to carscontaining lighted heaters, stoves, orlanterns, or cars with live stock or poul-try occupied by an attendant.

G) Cars placarded "Explosives" mustnot be placed in through or local trainsnext to cars which bear "Dangerous"placards, unless the remainder of thetrain consists only of such cars.PARr 5-r LMoT-zos APPL'1O To c.'UInMs

BY RAIt, =EprSSSuperseding and amending par. (h),-

sec. 655, order Nov. 8,1941, to read as fol-lows (handling packages):

(h) It Is important to prevent con-tact of contents of packages bearingeither yellow or white corrosive liquidlabels with combustible substances, such

as sawdust, shavings, or sweepings, thatmay be present in express cars. Thespace should be swept or cleaned.

It is further ordered, That the afore-sad regulations as further amendedherein shall remain in full force andeffect on and after February 1, 1943,and shall be observed until the furtherorder of the Commission;

It is further ordered, That compliancawith the aforesaid regulations, asamended, made effective by this order, ishereby authorized on and after the dateof service hereof;

And it is further ordered, That copiesof this order be served upon all the partiesof record herein and that notice be givento the public by posting in the Office ofthe Secretary of the Commission atWashin:ton, D. C.

By the Commission, division 3.s[(I] W. P. BAnrm,

Secretary.

[F. ILIDc. 42-12151; Filed. November 20, 19-52;11:05 a.m.l

PAn? 97-RournG or' TrumcnODUiG = = w m =02=O= AND

ALE=MSrIA, LA.

At a session of the Interstate CommerceCommrision, Division 3, held at its officein Washington, D. C., on the 21st day ofNovember, A. D. 1942.

Upon consideration of a petition filedby Guy A. Thompson, Trustee, MissouriPacific Railroad Company, requesting anorder authorizing it to operate trains,l-comotlves and cars, southbound, over aportion of the tracks of the Louisiana &Arkansas Railway Company, the Com-mision Is of the opinion that, due to theexisting state of war, an emergency re-quirng Immediate action exists on theline of the Miczouri Pacific Railroad be-tween Monroe and Alexandria, La

It appsaring, That an agreement hasbhen entered into between Guy A. Thomp-son, Trustee, Missouri Pacific RailroadCompany, and the Louisiana & ArkansasRailway Company whereby such lastnamed railway company has consented tothe use of Its tracks by the Missouri Pa-cifie Railroad Company between&George-town and Tiega, via Packton, all in theState of Louisiana, a dLtance of approxi-mately 42.5 miles; and that the compan-satlon to be paid by the Alissouri PacificRailroad Company to the Louisiana FArkanms Railway Company for the useof the track of the latter has been agreedupon; therefore, in order to best promotethe service in the interest of the publicand the commerce of the people:

It is 6rdered, That:§ 97.1 Routing between Monroe and

Alexandria, La. Guy A. Thompson.Trustee, Missouri Pacific Railroad Com-pany, Is hereby authorized and directedafter 12:01 a. m. November 24, 1942, andcontinuing until further order of theCommission, to operate trains, locomo-tives, and cars, -southbound, over thetracks of the Louislana &Arkans as Rail-way Company between Georgetown andTioga, via Packton, all in the State of

9743


Louisiana, an approximate distance of42.5 miles, only at times when, in theopinion of Guy A. Thompson, Trustee,Missouri Pacific Railroad Company, suchoperation Is necessary to prevent delayin the movement of railroad equipment,troops, and war materials and congestionof traffic on the main line of the MissouriPacific Railroad Company between Mon-roe and Alexandria, La., and only duringth period of the war emergency; com-pensation to be paid by Guy A. Thomp-son, Trustee, Missouri Pacific RailroadCompany, to the Louisiana & ArkansasRailway Company for the use of suchtrack as agreed upon between the parties.

It is further ordered, That copies ofthis order and direction be served uponGuy A. Thompson, Trustee, MissouriPacific Railroad Company and theLouisiana & Arkansas Railway Companyand upon the Association of AmericanRailroads, Car Servike Division, as agentof the railroads subscribing to the carservice and per diem agreement underthe terms of that agreement, and thatnotice of this order be given to the gen-eral public by depositing a copy of thisorder in the office of the Secretary of theCommission at Washington, D. C., andby filing it with the Director, Division ofthe Federal Register, The NationalArchives. (40 Stat. 101, sec. 402, 41 Stat.476-477; 49 U.S.C. 1 (15)-(17))

By the Commission, division 3.[SEAL] W. P. BARTEL,

Secretary.-

IF. R. Doc. 42-12284; Filed, November 23, 1942;11:23 a. m.]

PART 123-REIGHT COlaarODrTY STATISTICS

MONTHLY REPORTS OF FREIGHT COMMODITYSTATISTICS

At a session of the Interstate Com-merce Commission, Division 1, held at itsoffice in Washington, D. C., on the 13thday of November, A. D. 1942.

It is ordered, That the order of thisCommission dated November 22, 1927,as amended by the orders of December14, 1938, and April 27, 1942, and the orderof November 16, 1939, as amended by theorders of December 14, 1939, and April27, 1942, in the matter of Freight Com-modity Statistics" of carriers by steamrailway, and corresponding sections ofthe Code of Federal Regulations, arehereby modified as follows:

§ 123.1a Monthly reports of freightcommodity statistics. Beginning withthe mqnth of-October 194., and there-after until further order, data relatingto freight commodity statistics hereto-fore reported quarterly (§ 123.1) (onForm QCS) by Class I steam railwaysother than switching and terminal com-panies, shall be reported monthly andannually instead of quarterly as hereto-fore (§ 123.1), by such carriers onFormMCS, which Is attached hereto and madea part of this order.

§ 123.6 Date of filing. The reportsrequired to be filed under § 123.1a shall

be forwarded In duplicate to the Bureauof Transport Economics and Statistics,Interstate C o m m e r c e Commission,Washington, D. C., on or before the lastday of the second month succeeding theclose of the period for which they are.compiled.

§123.10 * * *(f) 2!onthly reports of freight com-

modity statistics by geographic areas.Beginning with the month of October1942, and thereafter until further order,data relating to freight commodity sta-tistics by geographic areas heretoforereported quarterly by Class I carriers(§ 123.10 (0)) shall be reported monthlyand annually instead of quarterly asheretofore (§ 123.10 (c)) bysuch carriersincluding those operating in a singlegeographic area (§§ 123.10 (d) and123.13 (c)) on Form SCS, which is at-tached hereto and made a part of thisorder.'

§ 123.13 (h) Date of filing. The re-ports required to be filed under § 123.10(f) shall be forwarded in duplicate to theBureau of Transport Economics and Sta-tistics, interstate Commerct Commission,Washington, D. C., on or before theseventy-fifth day succeeding the close ofthe period for which they are compiled.(Sec. 20, 24 Stat. 386, sec. 7, 34 Stat. 593,36 Stat. 649, sec. 14, 36 Stat. 556, sees.434-436, 41 Stat. 493, 494, see. 13, 54 Stat.916; 49 USC. 20 (1)-(10)

By the Commission, division 1.[SEAL] W. P. BARTEL,

Secretary.[F. R. Doc. 42-12285; Filed, November 23, 1942;

11:23 a. m.]

Chapter II-Oflice of DefenseTransportation

[General Order 0. D. T. 1, Amendment 3]

PART 500-CONSERVATION OF RAZL EQUIP-MENT

SUBPART A-MERCHANDISE TRAFFICBy virtue of the authority vested in me

by Executive Order No. 8989, dated De-cember 18, 1941, and by Executive OrderNo. 9156, dated May 2, 1942, GeneralOrder 0. D. T. No. 1, as amended,' Title49, Chapter II, Part 500, Subpart A,§ 500.1, is hereby amended to read asfollows:

§ 500.1 Definitions. As used in thissubpart:

(a) The term "Carrier" includes everycarrier for hire, common or contract,operating in whole or in part by railroad,by motor vehicle, by inland waterways(including coastal canals), or as a freightforwarder;

(b) The term "Merchandise" meansless-than-carload and any quantity ship-ments which are transported, or the re-sponsibility for the transportation ofwhich shipments is assumed, or thetransportation provided, by any carrier,except shipments transported in passen-ger train cars.

'Filed as part of the original document.17 F.R. 3046, 3213, 3753.

. This amendment shall become effectiveon November 23, 1942.

Issued at Washington, D. C., this 23dday of November 1942.

JOSEPH B. EASTMAN,Director of Defense Transportation,

[F. R. Doc. 42-12280; Filed, November 23,1942;11:18 a. m.]

Notices

DEPARTMENT OF THE INTERIOR.Bituminous Coal Division.

[Docket No. A-1362]DELTA COAL MINING CO.

MEMORANDUI OPINION AND NOTICE Or ANDORDER FOR REOPENINQ T I HEARNIO

In the matter of the petition of DeltaCoal Mining Company, a code mem-ber in District No. 10, for minimum f. o. b.mine prices for f. a. s. delivery frommines in District No. 10 to MinneapolisStreet Railway Company, at Minneapolis,Minnesota, pursuant to section 3 (A),special river price Instructions and ex-ceptions, schedule of effective minimumprices for District No. 10 for all ship-ments except truck, pursuant to section4 11 (d) of the Bituminous Coal Act of1937.

This proceeding was instituted'upon apetition filed with the Bituminous CoalDivision on March 18, 1942, pursuant tosection 4 II (d) of the Bituminous CoalAct of 1937, by Delta Coal Mining Com-pany, a code member in District No. 10,requesting an order permitting Minne-apolis Street Railway Company ofMinneapolis, Minnesota, to purchasecoals shipped via river by producers inDistrict No, 10 at f. o. b. mine prices forftee alongside delivery.

Petitions of intervention were filedby District Boards 2, 6, 7, 8, 10, and 11,The Bituminous Coal Consumers' Coun-sel filed a notice of appearance,

Pursuant to appropriate notice, ahearing was held before Charles 0.Fowler, a duly designated Examiner ofthe Division, at which all Interested per-sons were afforded an opportunity to bepresent, adduce evidence, cross-examinewitnesses, and otherwise be heard, andat which petitioner, Consumers' Counsel,and all interveners except District Board10 appeared.

On September 4, 1942, the Examinerfiled herein his report, proposed findingsof fact, proposed conclusions of law andrecommendations that the relief prayedfor be granted.

On October 6, 1942, a final order wasentered by the undersigned approvingand adopting the Examiner's proposedfindings of fact and proposed conclusionsof law and granting the relief prayed for.

On October 12, 1942, interveners, Dis-trict Boards Nos. 2 and 7, filed a peti-tion for reconsideration and modifica-tion of the order granting permanent re-lief and for rellearlng.

In comparing the respective costs ofcoals produced In District No, 7 when

9744


shipped via the Great Lakes with thoseproduced in District No. 10 when shippedby river to the Minneapolis Street Rail-way Company plant in Minneapolis, Alin-nesota, the Examiner found that the railtransportation costs for shipmentof Dis-trict No. 7 coals, to the lower Lake Erieports, was $2.17 and that the dumpingcharge was $0.095 per net ton, aggregat-ing $2.265 per net ton, which, togetherwith the minimum f. o. b. mine price,vessel rate, dock handling charge and ex-dock freight rate made a delivered chargeof $6.34 per net ton. The Examinerfound that the delivered costs of DeltaCoal lining Company coals delivered byriver was $4.7852 free alongside. It wasfound that there was a difference be-tween the two coals of approximately5,000,000 b. t u. per net ton. In leter-mining the relative value of the two coals,this difference was taken into account.Also, certain findings were made withrespect to the costs of storing District No.10 coal at both the power company'splant and the municipal dock.

In the petition for reconsideration andrehearing, it is alleged that the evidenceon which such findings were based wasinaccurate. The petition for rehearingalleges that the transportation cost ofshipping District No. 7 coal via the GreatLakes aggregated $2.125 per net ton, fromthe mine to lower Lake Erie ports (in-cluding the dumping charge), instead ofthe $2.265 shown by the evidence andfound by the Examiner, thus resultingin a delivereu cost of only $6.20 per netton. The petition further alleges thatthe determinations as to storage costsof the District No. 10 coal are erroneous.The interveners offer to make proof withrespect to these allegations if given an.opportunity to do so.

While no excuse is given for the failureto make such proof at the original hear-ing, it is important that the record inthis matter be accurate. Accordingly, theintervener should be given an opportun-ity to make the proof it offers.

I find, therefore; that the hearing Inthis proceeding should be reopened forthe purpose of receiving evidence withrespect to the freight rates applicableto coals produced in District No. 7 movingvia the Great Lakes to the power com-pany plant at Minneapolis and with re-spect to the storage and storage chargesfor District No. 10 -coals moving by riverto that plant.

Since, however, there is-no showingthat the proof here offered could nothave been offered at the prior hearing,and since there is no showing that con-

.tinuance of the relief granted will injureany person, the relief should be con-tinued.

Now, therefore, it is ordered, That thehearing in this proceeding be and thesame hereby is reopened for the purposeof taking additional evidence, not cumu-lative of evidence already adduced, re-lating to the transportation costs forshipment of District Nc 7 coal via theGreat Lakes to the Minneapolis StreetRailway Company plant at Ainneapolis,Minnesota, and to the storage of andstorage charges for District No. 10 coalwhen shipped via river to that plant ofthe Minneapolis Docks,

It is further ordered, That such re-opened hearing be held on January 5,1943, at 10 o'clock in the forenoon of thatdate before Examiner Charles Q. Fowler,at a hearing room of the BituminousCoal Division, Washington, D. C Onsuch day the Chief of the Records Sec-tion of the Dhision will advise as to theroom where such hearing will be held.

It is further ordered, That the reliefgranted by the Order in this proceedingdated October 6, 1942, 7 F. R. 7960, con-tinue until otherwise ordered.

It is further ordered, That the petitionof interveners, District Boards Nos, 2and 7, be, and the same hereby is,granted to the extent set forth hereinand in all other respects denied.

The matter concerned herewith Is inregard to the petition of Delta Coal Min-ing Company, a code member in DistrictNo. 10, for minimum f. o. b. mine pricesfor free alongside delivery from mines inDistrict No. 10 to Minneapolis StreetRailway Company, at ZMinneapolis, Min-nesota, pursuant to section 3 (A), Spe-cial River Price Instructions and Ex-ceptions, Schedule of Effective Mini-mum Prices for District No. 10, for allshipments except truck, pursuant to sec-tion 4 11 (d) of the Bituminous Coal Actof 1937.

Dated: November 20, 1942.Is L] Duz H. WnESun,

Director.

[P.R. Doc. 42-12105; filed, Iovember 20:1942;12:42 p.m.L

[Docket o3. A-1718 and A-1718, Part I

DISTnICT BOMD 8

NlOTICE OF D ORln fOR Hra mo, EC.

In the matter of the petition of Dis-trict Board No. 8 for the establishmentof price classifications and minimumprices for the coals of certain mines inDistrict No. 8.

In the matter of the petition of Dis-trict Board No. 8 for the establishmentof price classifications and minimumprices for the coals of the No. 2 Aine,line Index No. 5746, of T. V. MeT.Tahanand the Poplar Lick Mine, Mine IndexNo. 5643, of the Garmeada Coal Com-pany.

Memorandum opinion and order sever-ing Docket No. A-1718 Part II fromDocket No. A-1718, and granting tem-porary relief In Docket No. A-1718 PartII, and notice of and order for hearing.

An original petition, pursuant to sec-tion 4 11 (d) of the Bituminous Coal Actof 1937, having been duly filed with thisDivision by the above-named party, re-questing the establishment both tem-porary and permanent, of price claszl-fications and minimum prices for thecoals of certain mines in Dlstrict No. 8and

It appearing that no final determina-tion should be made at this time withrespect to the establishment of prm I ,-neat price cl asfications and minimumprices for the coals of the Poplar MlckMine, Mine Index No. 5643, of the Gar-meada Coal Company, and of the No. 2Aine, Mline Index No. 5746, of T. V.

M Mahan as requested In the originalpetition heretofore filed in this matter;and

It appearing that a reasonable ho7,-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 deemednecezzary in order to effectuate the pur-poses of the Act;

Wow, therefore, it is ordered, That theportion of Docket No. A-l118 relating tothe coals of the Poplar Lick Mine, MineIndex No. 5643, of the Garmeada CoalCompany, and of the No. 2 2Mne, M neIndex No. 5746, of T. V. Mcahan, be,and the same hereby is, severed from saiddocket and designated as Docket No.A-1718, Part II.

I tis further ordered, That a hearing inthe above-entitled matter under the ap-plicable provisions of the BituminousCoal Act of 1937 and the rules of the Di-vision be held on December 16, 1942, at10 o'clock in the forenoon of thatday, ata hearing room of the Bituminous CoalDivision, Washington, D. C. On suchday the Chief of the RecordTSection willadvise as to the room where such hearingwill be held.

It is further ordered, That Charles S.Mitchell or any other officer or officers ofthe Division duly designated for thatpurpose shall preside at the hearing insuch matter. The officers so designatedto preside at such hearing are herebyauthorized to conduct said hearing, toadminister oaths and affirmations, exam-ine witnesses, to continue said hearingfrom time to time, and to prepare andsubmit proposed findings of fact andconclusions and the recommendation ofan appropriate order in the premises,and to perform all other duties in con-nection therewith authorized 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-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 section 4II (d) of the Act, setting forth the factson the basis of which the relief in theoriginal petition is supported or opposedor on the basis of which other relief issought. Such petitions of interventionshall be filed with the Bituminous CoalDivision on or before December 10, 19-12.

All persons are hereby notified that thehearing In the above-entitled matter andany orders entered therein may con-cern, in addition to the matters specifi-cally alleged In the petition, other met-ters necessarily incidental and relatedthereto, which may be raised by amend-ment to the petition, petitions of inter-vention, or otherwise, or which may benece zary corollaries to the relief, if any,granted on the basis of this patition.

The matter concerned herewith is inregard to the petition of District BoardNo. 8 for the establishment of permanentprice clacs-ications and minimum prices

9743


for the coals of the Poplar Lick Mine,Mine Index No. 5643, of the GarmeadaCoal Company, and the No. 2 Mine, MineIndex No. 5746; of T. V. McMahan.

It is further ordered, That, pendingfinal dispbsition of the above-entitledmatter, temporary relief be, afid the samehereby Is, granted as follows: Commenc-ing forthwith, the Schedule of EffectiveMinimum Prices for District No. 8 forTruck Shipments is supplemented to in-clude the price classifications and mini-mum prices appearing in "SupplementT" annexed hereto and made a iarthereof.

Dated: November 19, 1942.[SEAL] DAN H. WHEELER,

Director.[F. R. Doc. 42-12164; Filed, November 20,1942;

12:41 p. m.]

[Docket No. A-1747]

DISTRICT BOARD 17NOTICE OF AND ORDER FOR HEARING

in the matter of the petition of-Dis-trict Board No. 17 to amend the specifi-cations for size groups Nos. 1 and-2.

A petition, pursuant to the BituminousCoal Act of 1937, having been duly filedwith this Division by the above-namedparty;

It is ordered, That a hearing in theabove-entitled matter under the appli-cable provisions of said Act and the rulesof the Division be held on November 24,1942, at 10 o'clock in the forenoon ofthat day, at a hearing room of the Bi-tuminous Coal Diision, at the PlainsHotel, Cheyenne, Wyoming.

It is further ordered, That Edward J.Hayes, or any other officer or officers ofthe Division duly designated for thatpurpose shall preside at the hearing insuch matter. The officers so designatedto preside at such hearing are hereby au-thorized to conduct said hearing, to ad-minister oaths and affirmations, examinewitnesses, take evidence, to continue saidhearing from time to time, and to pre-pare and submit proposed findings offact and conclusions and the reconimen-daton of an appropriate order in thepremises, and to perform all other dutiesin connection therewith authorized bylaw.

Notice or such hearing is hereby givento all parties herein and to persons or en-tities having an interest in this proceed-ing and eligible to become a party here-in. Any person desiring to be admittedas a party to this proceeding may fie apetition of intervention in accordancewith the rules and regulations of theBituminous Coal Division for proceedingsinstituted pursuant to section 4 11 (d) ofthe Act, setting forth the facts on thebasis of which the relief in the originalpetition is supported or opposed or onthe basis of which other relief is sought.Such petitions of intervention shall befiled with the Bituminous Coal Divisionat or before the time of said hearing.

All persons are hereby notted that thehearing in the above entitled matter andany orders entered therein, may concern,in addition to the matter specifically

j alleged in the petition, other mattersnecessarily incidental and related there-to, which may be raised by amendmejAtto the petition, petitions of interventionor otherwise, or which may be necessarycorollaries to the relief, if any, grantedon the basis of this petition.

The matter concerned herewith is inregard to the petition of District BoardNo. 17 to amend the specifications forSize Groups Nos. 1 and 2 on page 2 of theSchedule of Effective Minimum Prices'for District No. 17 for All Shipments toread as follows:

Singlescreened Double screened slze3

size sizesgroupNo. Maximum Maximum top Maximum bottom

"reen byopening screen opening -creen opening

1 8' and over. 12" X V"

2 6" .. . 12" x I ljt

I 11" applies from subdistricts 1 to 6, inclusive.

Dated: November 19, 1942.[SEAL] DAN H. WHEELER,

Director.

[P.R. Doe. 42-12161; Filed, November 20, 1942;12:41 p. m.]

[Docket No. 1708-PD]

SHEBAN MINING COmPANY

ORDER GRANTING APPLICATION FOR RESTORA-TION OF CODE MEMBERSHIP

A complaint dated June 6, 1941, pur-suant to the provisions of sections 4 II(j) and 5 (b) of the Bituminous CoalAct of 1937 (the "Act") having been dulyfiled on June 11, 1941, by the BituminousCoal Producers Board for District No. 4,complainant, with the Bituminous CoalDivision (the "Division") alleging thatSheban Mining Company (Karam She-ban), wilfully violated the BituminousCoal Code (the "Code") or rules andregulations thereunder; and

An order having been issued herein onJuly 17, 1942, revoking and canceling theCode membership of the Applicant, effec-tive fifteen (15) days from th6 date ofsaid order, and ordering that prior toany reinstatement thereof, there shallbe paid to the United States a tax ofThree Thousand Five Hundred and Fif-teen Dollars and Eight Cents ($3,515.08)as provided by section 5 (c) of the Act,and said order having been served on theApplicant on July 23, 1942; and

An application, dated November 6,1942, for restoration of membership inthe Code having been fied by said Ap-plicant with the Division on November9, 1942; and

It appearing from said application thaton August 17, 1942, Applicant paid saidtax of Three Thousand Five Ruaidredand -Fifteen Dollars and Eigh Cents($3,515.08), to the Collector of InternalRevenue at Cleveland, Ohio, pursuant tosaid Order issued July 17, 1942, and sec-tion 5 (c) of the Act, as a condition pre-cedent to the restoration of membershipin the Code;

Now, therefore, it is ordered, That saidapplication be, and the same hereby is,granted; and

It is further ordered, That the Codemembership of Sheban Mining Company(Karam Sheban) be and the same here-by Is restored as of the effective date ofsaid revocation of Code membership.

Dated: November 19, 1942.[SEAL) DAN H. WHEELER,

Director.


[Docket No. A-1620]

SUPERIOR COAL CO.

NOTICE OF AND ORDER FOR HEARI11O, ET0.

In the matter of the new Superior CoalCo. for the establishment of price classi-fications and minimum prices in DistrictNo. 10.,

Notice of and order for hearing andorder granting temporary relief and or-der terminating temporary relief here-tofore granted.

An original petition, pursuant to sec-tion 4 II (d) of the Bituminous Coal Actof 1937, was filed with the Division bythe above-named party, requesting theestablishment, both temporary and per-manentof price classifications and min-imum prices for the coals of Its NowSuperior Coal Co. Mine, Mine Index No,1202, in District No. 10 for shipment byrail from Harrisburg, Illinois.

By Order issued September 10, 1942,7 F. R. 7382, in the above-entitled matter,temporary relief was granted and pro-vision was made that such relief wouldbecome conditionally final. In 60 daysfrom date of the Order, unless It shouldbe otherwise ordered. This Order estab-lished for the coals produced by the NewSuperior Coal Co. Mine, Mine Index No,1202, in District No. 10, the same priceclassifications and hilnimum prices asthose in effect for the coals produced atmines located in Price Group No. 5 InDistrict No. 10 and established Harris-burg, Illinois, on the New York CentralRailroad as the rail shipping point forthat mine instead of the McLaren FuelCompany's preparation plant located onthe Illinois Central and the MissouriPacific Railroads at Marion, Illinois. Bya "Note" contained In the schedulemarked "Supplement R," whfch was an-nexed to the Order and made a partthereof, the relief granted by the Orderof February 17, 1942, 7 F. R. 1538, InDocket No. A-1079 was terminated. TheOrder also revoked the relief previouslygranted the coals of Mine Index No. 1202of the New Superior Coal Co. by theOrder of- February 17, 1942, In DocketNo. A-1079.

Subsequent to the date of the Ordergranting temporary relief In the above-entitled matter, District Board No. 10filed a motion to terminate the tempo-rary-relief granted in Docket No. A-1620and requested a hearing In the matter.The district board alleged in its petitionthat the establishment of separate pricesfor shipment by rail from the mine of

9746

FEDERAL REGISTER, Tucsday, Norember 24, 19-12

the New Superior Coal Co. would preju-,dice the rights and interests of the othermines which had been granted the rightto ship from-the transportation facilitiesof the McLaren Fuel Company's prep-aration plant at Marion, Illinois, byOrder in Docket No. A-1079. McLarenFuel Company also filed a petition ofintervention and requested that thetemporary relief theretofore granted inDocket No. A-1620 be suspended pendinga hearing.

Thereafter, on October 10, 1942, peti-tioner filed its motion for leave to file anamended petition and simultaneouslyfiled its amended petition, requestingthat the New Superior Mine be classifiedand priced in Price Group 2, District No.10, rathei than in Pric. Group 5, DistrictNo. 10 and that its shipping point be con-tinued at Harrisburg, Illinois, and pray-ing that temporary relief be grantedpending the final disposition of the mat-ter, In support of the relief requestedin the amended petition, petitionerstated that its original petition was inerror inasmuch as its coals are shippedfrom Harrisburg, Ilinois, on the NewYork Central Railroad and accordinglythe mine should be included in PriceGroup 2 in District No. 10 rather than inPrice Group 5 in District x'lo. 10. BothDistrict Board No. 10 and the McLarenFuel Company have filed petitions of in-tervention in support of the temporaryrelief requested in the amended petitionfiled by code member C. C. Stump, oper-ator of the New Superior Coal CompanyMine. Accordingly, in view of the fore-going, it appearsthat a reasonable show-ing of necessity has been made for thegranting of the temporary relief re-quested -n the amended petition filedherein pending final disposition of theabove-entitled matter.

Now, therefore, it is ordered, That therelief heretofore granted in Docket No.A-1620 by Order of the Acting Directordated September 10, .42, 7 F.R. 7382, beand it hereby is vacated and set aside.

It is further ordered, That pendingfinal disposition of the above-entitledmatter, temporary relief-e and the samehereby is granted as follows: Commenc-ing forthwith, the Schedule of EffectiveMfiimum Prices for District No. 10 ForAll Shipments Except Truck, is supple-mented to include the price classificationsand minimum prices set forth in theschedule marked "Temporary Supple-ment R" annexed hereto and made apart hereof.

It is further ordered, That the priceclassifications and minimum prices es-tablished for the coal of mines otherthan Mine Index Nqo. 1202 of the NewSuperior Coal Co. Mine by Order Grant-ing Temporary Relief and ConditionallyProviding for Final Relief in Docket No.A-1079 on February 17, 1942, 7 P.R. 1538,shall remain in full force and effect.

it is further ordered, That at the hear-ing herein provided for the -petitionershall show the extent, if any, to whichthe minimum prices applicable to itstruck shipments should be revised andrelated to any change in price classifica-tions and minimum prices for all ship-ments except truckas herein requested.

Itis further ordered, That a hearing Inthe above-entitled matter under the ap-plicable provisions of the BituminousCoal Act of 1937 and the rules of the Di-vision be held on January 7, 1943, at10 o'clock in the forenoon of that day ata hearing room of the Bituminous CoalDivision, Washington, D.C. On such day,the Chief of the Records Section will ad-vise as to the -room where such hearingwill be held.

It is further ordered, That D. C. Mc-Curtain or any other ofilcer or officersof the Division duly designated for thatpurpose shall preside at the hearing Insuch matter. The officer or officers sodesignated to preside at such hearing arehereby authorized to conduct said hear-ing, to administer oaths and affirmations,examine witnesses, take evidence, to con-tinue said hearing from time to time, andto prepare and submit proposed findingsof fact and conclusions and the' recom-mendation of an appropriation order inthe premises, and to perform all otherduties in 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-mitted as a party to this proceeding mayfile a petition of intervention in accord-ance with the rules and regulations of theBituminous Coal Division for proceedingsinstituted pursuant to section 4 II (d)of the Act, setting forth the facts onthe basis of which the relief in the orig-inal petition s supported or opposed oron the basis of which other relief Issought. Such petitions of interventionshal be filed with the Bltumilnous CoalDivision on or before January 2, 1943.

All persons are hereby notified thatthe hearing in the above-entitled matterand any orders entered therein may con-cern, in addition to the matters specifi-cally alleged in the petition, other mat-ters incidental and related thereto, whichmay be raised by amendment to the peti-tion, petitions of intervention, or other-vise, or which may be necessary corol-laries to the relief, If any, granted on thebasis of this petition.

The matter concerned herewith Is Inregard to the original petition of theNew Superior Coal Co. for the establish-ment in District No. 10 of the came priceclassifications and minimum prices asthose in effect for the coals producedfrom other mines located in Price Group5 and for the establishment of Harris-burg, Illinois, on the New York CentralRailroad as the rail shipping point forall shipments except truck for the coalsproduced by the New Superior Coal Co.Mine, Mine Index No. 1202; and in re-gard to petitioner's amended petition forthe establishment of price clasifica-tions and minimum prices in Price Group2 rather than in Price Group 5 for thecoals of its Mine Index No. 1202 in Dis-trict No. 10. In addition the questionof correct price classifications and min-imum prices applicable to petitioner'struck shipments In relation to anychange in price classifications and min-imum prices for all shipments except

truck as herein requested, shall be con-sidered.

Dated: November 19, 1942.t LEsE u11 H. WnxMx,

Director.

[P.R. Dzc. 42-12162; Pilcd, lcvembar 20, 1942;12:41 p. m.]

General Land Office.[Public Land Order 491

Nzw Miaaco

V1MnA=w.s PUUc LAVD ro Is Os Dz-pAn-z ;T or Jju-cz n-. co;4ca.oMOVW1 H =- s 2a sGn os or ciEm nORI.tflGISATION neORI)Z PATrOL

By virtue of the.authority vested inthe President and pursuant to ExecutiveOrder No. 9146 of April 24, 1942, andto section 1 of the act of June 28, 1934,as amended, c. 865,48 Stat. 1269 (U. S. C.,title 43, sec. 315), it Is ordered as follows:

Subject to valid existing rights, thefollowing-described public land is herebywithdrawn from all forms of appropria-tion under the public-land laws, includ-ing the mining laws, and reserved for theuse of the Department of Justice in con-nection with the training of oficers forborder patrol in the Immigration andNaturalization Service:

Nw U co PMTcWL'Uan UrT. 7 S., R. 3 E., c:c. 30.

The ar.a dezeribcd conta n. 635.5Z4 acrez.

The order A£ the Secretary of the In-terior of July II, 1935, establishing NewMexico Grazing DIstric No. 3, is herebymodified to the extent necessary to per-mit the use of the land as hereinprovided.

It Is intended that the land describedherein shall be returni-d to the admin-istration of the Department of theInterior when It is no longer needed forthe purpose for which It Is reserved.

I lHio L. Ics,Secretary of the Interior.

Ovro=n 30, 1942,P. R. Dct. _42-12203; Filed, Novemb r 21, 342;

10:18 a. n.]

[Public Land Order 511

ArizoiTA

V=lTnaAwV .GPumai Ls-as ro us orDEMEs;SE PLANTs COroMAo" 6 i COaNC-sIo:x V,=ITH En OPEATO'.1 OF A SCHOOLroR rn sim;0 A I AInCrArT PIZOTS

By virtue of the authority vested inthe President and pursuant to ExecutiveOrder No. 9146 of April 24, 1942, it isordered as follows:

&ubJect to valid existing rights, thefollowing-described public lands arehereby withdrawn from all forms of ap-propriation under the public-land laws,including the mining and mineral leas-ing laws, and reserved for the use ofthe Defense Plant Corporation in con-

9747


nection with the -operation of a schoolfor training army aircraft pilots.

GILA AND SALT RIVER MIDIAN o

T. 15 S., n. 11 E., sec. 12, E 2 and SW'!4The areas described aggregate 480 acres.This order shall take precedence over,

but shall not rescind or revoke, the tem-porary withdrawal for classification andother purposes made by Executive OrderNo. 6910 of November 26, 1934,' asamended, so far as such order affects theabove-described lands.

It is intended that the lands describedherein shall be returned to the admin-istration of the Department of the Inte-rior, when they are no longer needed forthe purpose for which they are reserved.

HAROLD L. ICKES,Secretary of the Interior.

NOVEMBER 3, 1942. -[F. R. Doc. 42-12210; Filed, November 21, 1942;

10:18 a. m.]

[Public Land Order 52]

NEW MEXICO

WITHDRAWING PUBLIC LAND FOR USE OF THEWAR DEPARTMENT AS A BOMBING RANGEBy virtue of the authority vested in

the President and pursuant to ExecutiveOrder No. 9146 of April 24, 1942, and sec-tion 1 of the act of June 28, 1934, asamended, c. 865, 48 Stat. 1269 (U. S. C.,title 43, sec. 315), it is ordered as follows:

Subject to valid existing .Aghts, thefollowing-described public land is herebywithdrawn from all forms o appropria-tion under the public-land laws, includ-ing the mining laws, and reserved for theuse of the War Department as a bombingrange:

Nw Moaco PmciPAL MnR=LuNT. 2 S., R. 21 E., see. 31.The area described contains 614.22 acres.

The order of the Secretary of the In-terior of April 8, 1935, establishing NewMexico Grazing District No. 6, is h-rebymodified to the extent necessary to per-mit the use of the land as herein pro-vided.

It is intended that the land describedherein shall be returned to the adminis-tration of the Department of the Interiorwhen it is no longer needed for the pur-pose for which it is reserved.

HAROLD L. ICKES,Secretary of the Interior.

NOVEMBER 3, 1942.

[F. R. Doc. 42-12211; Filed, November 21, 1942;10:18 a. In.]


NEVADA

WITHDRAWING PUBLIC LANDS FOR USE OF THEWAR DEPARTMENT AS A BOMBING RANGE

By virtue of the authority vested inthe President and pursuant to ExecutiveOrder No. 9146 of April 24, 1942, and tosection 1 of the act of June 28, 1934, as

amended, c. 865, 48 Stat. 1269 (U.S.C.,,title 43, sec. 315), it is ordered a. follows:

Subject to valid existing rights, thepublic lands in the following-describedareas are hereby withdravm from allforms of appropriation under the public-land laws, including the mining andmineral leasing laws, and reserved forthe use of the War Department as abombing range:

MOUNT DIABLO MERIDIAN

T. 33 N., R. 24 E.,sees. 1, 2, 11, 12, 14, 15, 22, and 28;sees. 13, 23, 24, 26, 27, 33, and 34, those

parts northwest of the Western PacificRailroad; unsurveyed.

T. 34 N., Rt. 24 E.,sees. 1, 12, 13, 24, 25, 26, 35, and 36, un-surveyed.

Tps. 33 and 34 N., R. 25 E.,those parts northwest of the Western Pa-

cific Railroad, unsurveyed.T. 35 N., R. 25 E., unsurveyed.T. 36 N., R. 25 E.,

sees. 1 and 2;see. 3, EY2;sec. 10, E%;secs. 11 to 14, inclusive;sec. 15, Y2;see. 22, E ;

T. 36 N., R. 25 E., (con't)sees. 23 to 26, inclusive;sec. 27, EV/;seca 34, E/ 2 ;sec. 35 and 36; partly unsurveyed.

T. 37 N., Rt. 25 E.,sees. 1, 12, 13, 24, and 25;see. 34, E ;sees. 35 and 36.

T. 38 N., R. 25 E.,sees. 1, 1 , 13, 24, 25, and 36; partly un-

surveyed.T. 34 N., Rt. 26 E.,

that part nprthwest of the Western PacificRailroad, unsurveyed.

Tps. 35 to 38 N., R. 26 E., partly unsurveyed.T. 39 N., R. 26 E.,

see. 22, EV/;sees. 23 to 26, inclusive;sec. 27, E';sees. 31 to 36, Inclusive.

T. 34 N., It. 27 E.,that part north of the Western Pacific

Railroad, unsurveyed.Tps. 35 to 38 N., Rt. 27 E., unsurveyed.T. 39 N., nt. 27 E.,

sees. 1 and 2:sees. 11 to 15, inclusive:sees. 19 to 36, inclusive; partly unsurveyed.

T. 40 N., R. 27 E.,sees. 12, 13, 24, 25, and 36.

T. 35 N., R. 28 E.,that part north of the Western Pacific

Railroad, unsurveyed.Tps. 36 to 40 N., Rt. 28 E., partly unsurveyed.T. 35 N., R. 29 E.,

that part northwest of the Western PacificRailroad, unsurveyed.

Tps. 36 to 40 N., R. 29 E., unsurveyed.T. 36 N., R. 30 E.,

sees. 3 to 10, inclusive;sees. 15 to 22, inclusive;sees. 29 to 32, inclusive; unsurveyed.

T. 37 N.,.R. 30 E.,sees. 3 to 10, inclusive;sees. 15 to 22, inclusive;sees. 27 to 34. inclusive.

T. 38 N., R. 30 E,,sees. 2 to 11, inclusive;

- sees. 14 to 22, Inclusive;sees. 27 to 34. inclusive; partly unsurveyed.

T. 39 N., it. 30 E.,sees. 2 to 11, inclusive;sees. 14 to 23, nclusive;sees. 26 to 35, inclusive; partly unsurveyed.

T. 40 N., R. 30 E.,secs. 2 to 11, inclusive;sees. 14 to 23, Inclusive;secs. 26 to 35, Inclusive.

T. 41 N., R. 30 E.,sees. 19 to 23, inclusive;sees. 26 to 35, inclusive, partly unsurvoyed.

The areas described, Including bothpublic and non-public lands, aggregateapproximately 623,000 acres.

This order shall take precedence over,but shall not rescind or revoke (1) thewithdrawal made by Executive order ofApril 17, 1926, creating Public WaterReserve No. 107, and (2) the temporarywithdrawal for classification and otherpurposes made by Executive Order No.6910 of November 26, 1934, as amended,so far as such orders affect the above-described lands.

The orders of the Secretary of theInterior of October 18, 1935, and May 16,1941, respectively establishing and en-larging Nevada Grazing District No. 2,are hereby modified to the extent neces-sary to permit the use, as herein pro-vided, of so much of the above-describedlands as are affected by such orders.

It Is Intended that the lands describedherein shall be returned to the adminis-tration of the Department of the Interiorwhen they are no longer needed for thepurpose for which they are reserved.

HAROLD L. IcKEs,/ Secretary of the Interior.

NOVEMBER 4, 1942.

[P.R. Doc. 42-12212: Filed, Novembe 21, 1942;10:18 a. In.]

[Publio Land Order 641

ARIZONA

REVOKING IN PART PUBLIC LAND ORDER NO, 22WHICH WITHDREW PUBLIC LANDS FOR I=nOr THE 'WAR DEPARTMENT AS BOMBINGRANGES

By virtue of the authority vested inthe President and pursuant to ExecutiveOrder No. 9146 of April 24, 1942, it isordered as follows:Public Land Order No. 22 of Augist 6,1942, withdrawing public lands for use ofthe War Department as bombing ranges,is hereby revoked so far as it affects thefollowing-described public lands:

GILA AND SALT RzIVI MEIDIAN

T. 5 S., R. 15 E.,sec. 34, SE!4;sec. a5, SW 14.

T. 6 S., R. 15 E.,see. 3, Iots 1, 2, SI/2NEI/4 .The areas described aggregate 464.69 rwres,

The lands described herein are herebyreturned to the administration of theDepartment of the Interior.

HAROLD L. ICKES,Secretary of the Interior,

NOVEMBER 5, 1942.

IF. R. Doc. 42-12213: Filed, November 21, 1042;10:18 a. m.]

9748

FEDERAL REGISTER, Tuesday, NoLember 21, 119?2

[Public Land Order 55]NEw MExIco

WrnHDRAWneG PUBLIC LANDS FOR USE OF THEWAR DEPARTMENT AS PRACTICE BOLBINOG

RANGES

By virtue of the authority vested inthe President and pursuant to ExecutiveOrder No. 9146 of April 24, 1942, and tosection 1 of the act of June 28, 1934, asamended, c. 865, 48 Stat. 1269 (U. S. C.,title 43, sec; 315), it is ordered as follows:

Subject to valid existing rights, thefollowing-described public lands, arehereby withdrawn from all forms of ap-propriation under the public-land laws,including the mining and mineral leas-ing laws,_and reserved for the use of theWar Department as practice bombingranges: _

NEw Lsco P.nC.L LmI-

T. 22 S., R. 32 E., sec. 13.T. 19 S., 3. 33 E., sec. 4.T. 22 S., 1. 33 R., sec. 12, NT. 19 S., I. 34 E., sec. 29.The areas described aggregate 2,248.52

acres.

This order shall take precedence over,but shall not rescind or revoke, the with-drawal-made by the Executive order ofMarch 11, 1926 (Potash Reserve No. 6) sofar as such order affects the above-de-scribed lands.

The order of April 8, 1935, of the Secre-tary of the Interior establishing NewMexico Grazing District No. 6, is herebymodified to the extent necessary to per-mit the use of the above-described landsas herein provided.

it is intended that the lands describedherein shall be returned to the adminis-tration of the Department of the Interiowhen they are no-Ionger needed for thepurpose for which they are reserved.

HAROi L. ICEs,Secretary of the Interior.

NovmR 5,j-1942.

[P. R. Doc. 42-12214; Fied, November 21,1942:10:19 a. m.l


UTAH

WITHDRAWING PUBLIC LANDS FOR USE OF TEHWAR DEPART L3 AS AN ORDNANCE STOR-AGE DEPOT SITR

By virtue of the authority vested irthe President and pursuant to Executiv(Order No. 9146 of April 24, 1942, and t(section 1 of the act of June 28, 1934, a.amended, c. 865, 48 Stat. 1269 (U. S. C.title 43, sec. 315), it is ordered as follows

Subject to valid existing rights, th(public lands in the following-describecareas are hereby withdrawn frowm alforms of appropriation under the public.land laws, including the mining and rain.eral leasing laws, and reserved for thiuse of the War Department as an ord.nance storage depot site:

SALT L.4 MI=Uaa-

T. 3S., R. 4W.,sec. 18, XW/ 4Sw/w and SyzSWJ;sec. 19, SW INE , XWi4 and S 4;sec. 20, SWSW ;sec. 30, N%, SW, NSE% and SWiSE1sec. 31, WKES and Wii.

T. 4 S., R. 4W.,zec. 5. lots 2, 3, and 4, S',7 and

sec. 6, lots 1 to 7. inclUlAVe, SINE!J. SEM-NW , E!,SWI, and N ,E'.

T. 3 S., R. 5 V.,sec. 13, NWIUEI, S',,NVJ, W ,* and

SEI':secs. 14 to 36, nclusive.

,T. 4 S., R. 5 M.,sees. 1 to 6. inclus Ive.

T. 3 S., R. 6 W..Sec. 13. EImSN!J. S !5W and SU!J*sec. 23, SE!E1, and SE!j;

.cs, 24 and 25:T. 3, R. 6 W., (Cont.)

rec. 26, El, and E!MW :sec. 35. El,: and E,W ;sec. 36.

T. 4 S., R. 6 W.,sec. 1;see. 2, E! and.!W!.The areas dczcrl:cd. Including both pub-

-llc and non-public lands, a,-1,wmte 26,-161.96 acres.

This order shall be subject to (1)Power Site Classification No. 154, ap-proved October 25,1926, by the 0ecretary,of the Interior, (2) the transmls1lon linewithdrawal made by the Executive or-der of December 20, 1916, Power Site

. Reserve No. 569, and (3) the transmls-* sion line withdrawal made by the Exec-

utive order of February 25, 1919, PowerSite Reserve No. 711, so far as such or-ders affect any of the above-describedlands.

The order of April 8, 1935, of the Sec-retary of the Interior, establishing UtahGrazing District No. 2, Is hereby modi-fled to the extent necessary to permit theuse of the lands as herein provided.

It is intended that the lands describedherein shall be returned to the admin-istration of the Department of the Inte-rior when they are no longer necded forthe purpose for which they are reserved.

HROLD L Ictrs,Secretary of the Interior.

NovrEmu 12, 1942.

S['F. R. Doc. 42-12215: Flied, November 21,1912;10:19 a. in.]

[Public Land Order 131

NEVADA

V71THDAVAIIG PUBLIC LMS FOR USE O TEWAR DEPARTIENT Frt 1111=117 PURPOSEBy virtue of the authority vested in

the President and pursuant to ExecutiveOrder No. 9146 of April 24, 1942, andsection 1 of the act of June 28, 1034, asamended, c. 865, 43 Stat. 1269 (U.S.C.title 43, sec. 315), it is ordered as fol-lows:

Subject to valid existing rights, thepublic lands in the following-describedareas are hereby withdrawn from allforms of appropriation under the public-

- land laws, including the mining and. mineral leasing laws, and reserved for

the use of the War Department for mil-itary purposes:

Mour DISELo Mnm VUxT. 15 S., R. 55 .T. 16 S.. R. 50 .,

sees. 1, 2, 3, 4, 5, 6;tracts 37, 38, 39, 40, 41, 42A, 42B, 43B.The areas decribed, ncluding both pulo

and non-public lands, tgrcZato 27,UG.03acres.

The order of the Secretary of the In-terior of November 3, 1936, establishingNevada Grazing District No. 5, andExecutive Order No. 7373 of May 20,1936,establishing the Des-rt Game Range, arehereby modified to the extent necessaryto permit the use of the land as hereinprovided. The modification of ExecutiveOrder No. 7373 above, is made, with theunderstanding that patrol activities forthe proper protection and maintenanceof the Desert Game Range will be par-mitted in the areas involved one day eachweek, and such day will be determinedjointly by the Commanding Officer of thearea and the local representative of theFish and Wildlife Service.

It Is intended that the lands describedherein shall be returned to the adminis-tration of the Department of the In-terior when they are no longer needed forthe purposes for which they are herebyreserved.

H..oLD L Icxs,Secretary of the Interior.

N~ov=mrn 12, 1942.

tP. R. Dc. 42-12216; Filed, November 21, 1942;10:23 a. m.l

[Public Lnd Order 59]

Anxzo.-.ni~ssvnllG PUBLIC I.An. s VIT~ NATINAL

rOrXsr ron T=E USE or, WAR DEPARTE-I= FOR ILr'lRY PURPOSES

By A'rtue of the authority containedin the act of June 4,1897, c. 2, 30 Stat. 11,36 (U.S.C, title 16, see. 4:73). and pur-suant to Executive Order No. 9146 ofApril 24, 1942, It Is ordered as follows:

Subject to valid existing rights, thepublic lands Within- the followinvg-de-scribed area in the Coconino and KaibabNational Forests, Arizona, are herebywithdrawn from all forms of appropria-tion under the public-land laws, includ-Ing the mining laws, and reserved for theuse of the War Department for militarypurpeses:

G.4 AM SALT Rn=TL 11m3-

T. 21 1N, . 5 , Ieses. 1 and 2, thoze parts south of the itclit-

ron, Tcpelm, and Santa Fe Ralrc ad rl3i1t-of-way;

rems. 3 to SO. inclusive.T. 22 N., R. 5 .

c:c:. 30 to 35, inclusive, thcz part- Esuthof the ralroad rlSht-cf-way.

T. 21 I'. F. 6 E,:e=. 6. 7, 8. and 17, thbae parts s-outh of

the ralroad right-of-w ay;scce. 18, 19, 20, 23, and 30.The are -" de cribcd, Including both public

and non-public lands, azgegate approxi-mately 23,430 acrcz.

The reservation made by this ordershall be subject to "the use of a psrtionof the land by the Department of Com-merce for the maintenance of an airwaybeacon light, and to the right of theDepartment of Agriculture to cccupy,operate, and maintain the fire-loloeutstation on Volunteer Peak, including theright of Ingres3 and egress, for such useas may be essential to the protectionand management of the adjacent na-tional-forest lands.

9749


The Jurisdiction of the Secretary ofAgriculture over the lands as part ofthe Coconino and Kaibab National For-ests shall be subject to the jurisdictionof the Secretary of War to the extentnecessary to effectuate the purpoges ofthe reservation made by this order.

It is intended that the lands hereinreserved shall be restored to the statuspossessed by them immediately prior tothe issuance of this order, when they areno longer needed by the War Depart-ment for military purposes.

HAROLD .L. ICKES,Secretary of the Interior.

NOVEMBER 12, 1942.[. R. Dc. 42-12217; Filed, November 21, 1942;

10:19 a. M.]

[Public Laid Order 60]

NEW MExIcoREVOKING IN PART EXECUTIVE ORDER NO. 6276

OF SEPTEMBER 8, 1933, AND WITHDRAWINGPUBLIC LANDS FOR USE OF THE WAR DE-PARTMENT AS AUXILIARY LANDING FIELDSBy virtue of the authority vested in the

President and pursuant to ExecutiveOrder No. 9146 of April 24, 1942, and tosection 1 of the act of June 28, 1934, asamended, r. 865, 48 Stat. 1269 (U.S.C.,title ', sec. 315), it is ordered as follows:

Subject to valid existing rights, thepublic lands in the following-describedareas are hereby withdrawh from allforms of appropriation under the public-land laws, including the mining and min-eral leasing laws, and reserved for theuse of the War Department as auxiliarylanding fields:

Nsw MEXICo P=IcZAL MERMIANT. 26 S., R. 10 W.,

sec, 17, SEJSWI/4 and S/ 2SE/ 4;sec. 21, WI/2 SW/ 4 .

T. 21 S., n. 11 W.,sec. 3, lots 1, 2,3, and 4, S/ 2N%, SW, and

W1/2SE!/4;sec. 10, NN'NWV and N1/2NW1/4NE/ 4.

T. 24 S., R. 13 W.,sec. 19, lots 3 and 4, E/ 2SWy, and SE%; -see. 20, W'ASW 4 and Wy2E/ 2SW/ 4 ;sec. 29, NWNW/ 4 ;sec. 30, NEV, NE/NW/4, and N/N/2 SE%.The areas described, including both public

and non-public lands, aggregate 1,606.17acres.

The order of July 11, 1935, of the Sec-retary of the Interior, establishing NewMexico Grazing District No. 3, is herebymodified to the extent necessary to per-mit the use of the lands as herein pro-vided.

Executive Order No. 6276 of September8, 1933, withdrawing public lands forthe purpose of aidiig the State of NewMexico in making exchange selectionsunder the act of June 15, 1926, c. 590, 44Stat. 746, is hereby revoked so far as itaffects any of the above-described lands.

It is intended that the lands dpscribedherein shall be returned to the adminis-tration of the Department of the Interior,when they are no longer needed for thepurpose for which they are reserved.

HAROLD L. IcxEs,Secretary of the Interior.

NOVEMBER 13, 1942.(r. R. Doc. 42-12218; Filed, November 21, 1942;

10:19 a. in.]

DEPARTMENT OF LABOR.Wage and Hour Division.

[Administrative Order No. 169]PENS AND PENCILS MANUFACTURING

INDUSTRY

ACCEPTANCE OF RESIGNATION FROM AND AP-POINTMENT TO INDUSTRY COMMITTEENO. 52By virtue of and pursuant to the au-

thority vested in me by the Fair LaborStandards Act of _1938, I. L. MetcalfeWalling, Administrator of the Wage andHour Division, United States Departmentof Labor, .

Do hereby accept the resignation ofMr. Robert S. Gillia from IndustryCommittee No. 52 for the Pens and Pen-cils Manufacturing Industry, and do ap-point in his stead Mr. Remmie L. Arnoldof Petersburg, Virginia, as representa-tive for the employers on such commit-tee.

Signed at New York, New York, this19th day of November 1942.

L. METCALFE WALLING,

Administrator.

iF. R. Doc. 42-12167; Filed, November 20,1942;12:00 p. in.]

PRINTING AND PUBLISHING INDUSTRY, ETC.NOTICE OF CONTINUATION OF HEARING

Notice of continuation of hearing onthe minimum wage recommendation ofIndustry Committee No. 49 for the print-ing and publishing and allied graphicarts industry to be held December 7, 1942.

Whereas, a public hearing was held onNovember 9,1942, before the undersignedas Presiding Officer, at 10:00 a. m. inRoom 1610, Wage and Hour Division,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 In-dustry Committee No. 49 for the Pzintingand Publishing and Allied Graphic ArtsIndustry should be approved or disap-proved;

Now therefore, notice is hereby giventhat, pursuant to section 3 of the rulesgoverning the above proceeding, thehearing will be continued on December 7,1942, before the undersigned as PresidingOfficer at 10:00 a. m. in Room 3229,United States Department of Labor,Washington, D. C.

Signed at Washington, D. C., this l7thday of November 1942.

ROBERT N. CAMPBELL,Presiding Offcer.

IF. R. Doe. 42-12166; Filed, November 20,1942;12:50 p. m.]

CIVIL AERONAUTICS BOARD.[Docket Nos. 556 and 5621

BOSTON ANDMAINE RAILROAD CO., ET AL.NOTICE OF HEARING

In the matter of the applications ofBoston and Maine Railroad Companyand Maine Central Railroad Company

for approval of their acquisition of con-trol of Northeast Airlines, Inc., and fora determination of the Board's Jurisdic-tion over the subject matter.

Notice is hereby given, pursuant tothe Civil Aeronautics Act of 1938, aSamended, particularly sections 408 and1001 of said Act, In the above-entitledproceeding, that hearing is hereby as-signed to be held on December 1, 1942,at 10 a. m. (eastern war time) in Con-ference Room C, Departmental Audi-torium, Constitution Avenue, between12th and 14th Streets NW., Washington,D. C., before an examiner of the Board.

Dated Washington, D. C., November 19,1942.

By the Civil Aeronautics Board.[SEAL] DARWIN CHARLES BROWN,

Secretary.[F. R. Dce. 42-12276; Filed, November 23,1942;

10:31 a. in.]

FEDERAL COMMUNICATIONS COM.MISSION.

[Dockets Nos. 6459-67]R. C. A. CoMUNIcATIoNs, I C.

NOTICE OF HEARING

In re applications of R. C. A. Commu-nications, Inc., dated October 1, 1942, forrenewal of licenses; class of service, fixedpublic; class of stations, point-to-pointtelegraph and telephone; locations,Kahuku, T. H. (telegraph and tele-phone); Rocky Point, N. Y.; New York,N. Y.; New Brunswick, N. J.; Tuckerton,Nq. J.; Marion, Mass.; Boindas, Calif.;and San Juan, P R.

You are hereby notified that the Com-mission, having examined the above-described applications, and being unableto determine upon examination of suchapplications that public Interest, coh-venlence or necessity would be served bythe granting thereof, has designated thematters for hearng for the followingreasons:

1. To determine if applicant has en-tered into, maintained, or operated underany contracts, agreements, understand-ings, or arrangements, written or oral,express or Implied, which have the ef-fect of preventing the establishment byother American carriers of communica-tion circuits, contrary to the public in.terest, convenience, or necessity.

2. To determine if applicant has en-tered into, maintained, or operatedunder any contracts, agreements, under-standings, or arrangements, written ororal, express or implied, which have theeffect of preventing the practical opera-tion by other American carriers of addi-tional communication circuits, contraryto the public Interest, convenience, ornecessity.

3. To determine If the applicant hasentered into, maintained, or operatedunder any contracts, agreements, under-standings, or arrangements, written ororal, express or implied, which resultin an undue preference to applicant oran undue prejudice to other Americancarriers in the rendition of any com-munication service, contrary to the pub-lic Interest, convenience or necessity.

0750

FEDERAL REGISTER, Tuesday, November 21, 19-12

4. To determine if the applicant ha.entered into, maintained, or operatecunder any Contracts, agreements, under.standings, or arrangements, written oioral, express or implied, which tend tccreate a monopoly of communicatiorservice, dontrary to the public interestconvenience or necessity.

5. To determine if the applicant ha.taken any action designed to prevent

-restrain, burden, or impede the estab.lisbment or successful operation by othe3American carriers of additional circuit!or channels of communication, contrar3to the public interest, convenience, onecessity.

6. To determine if the applicant hauentered into, maintained, or operatecunder any contracts, agreements, under-standings, or arrangements, written o3oral, express orimplied, which have thEeffect of hampering, delaying, obstruct-ing, or in any manner prejudicing, con-trary to the public interest, conveniencor necessity, the institution of additionECchannels of communication desirable foipurposes of national security and thEsuccessful conduct of the war.

7. To determine whether in the lighiof the evidence adduced on the foregoinEissues, public interest, convenience oinecessity would be served by a grant othe applicatibns herein designated foihearing.

The applications involved herein wilnot be granted by the Commission unles,the issues listed above are determined irfavor of the applicant upon the basis of zrecord duly and properly made by meamof a formal hearing.

The -pplicant is hereby given the op-portunity to obtain a hearing on suclissues by filing a written appearance it-accordance with the provisions oJ§ 1.382 (b) of the Commission's Rules ancRegulations. Persons other than the ap-plicant who desire to be heard must file epetition to intervene in accordance wittthe provisions of § 1.102 of the Commis-sion's Rules and Regulations.

The applicant's address is as follows:R. C. A. Communications, Inc., 66 BroacStreet, New York, N. Y.

Dated at Washington, D. C., Novembe320, 1942.

By the Commission.[SEAL] 3 T. J. SLOwIE,

SScretary.

[F.R. Doc. 42-12271; Filed, November 23, 194210:21 a. m.]

[Docket No. 6446]

MONMOUT33: BROADCASTING COMANY(VM RB)

NOTICE OF HEAINGIn re application of Monmouth Broad-

casting Company (WBRB), dated, Sep.tember 18, 1941, for construction permitclass of service, broadcast; class of sta.tion, broadcast; location, Red Bank, NevJersey; operating assignment specifiedfrequency, 1,240 kc.; power, 100 w. night100 w. day; hours of operation, share:with WGBB and WFAS.' You are hereby notified that the Com

mission on-October 6, 1942 denied thi

No. 230- 14

petition of the applicant filed pursuantto the Memorandum Opinion of the Corn-mission of April 27, 1942, and designatedthe above-entitled matter for hearingupon the following Isues:1. To determine the qualifications ofthe applicant, Its officers, directors andstockholders, to construct and operatethe proposed station.

2. To determine whether the equip-ment proposed to be employed In the

s. construction and operation of the stationand the manner of installation thereof,will meet the requirementz of the Rulesand Regulations of the Commisslon afidthe Standards of Good Engineering Prac-tice.

3. To determine whether the site atwhich applicant proposes to constructand operate the station, will comply withthe Rules and Regulations of the Com-mission, particularly § 3.24 (e) and the

1 Standards of Good Enrineering Prac-lice; and whether such site Is availableto the applicant.

4. To determine the areas and popu-lations which would receive primaryservice, if applicant should operate asproposed, and what other broadcast serv-ice is available to those areas and pop-ulations.

5. To determine the type and char-acter of program-service which applicantmay be expected to render and tke ex-tent to which such service Is now beingrendered by any other station or sta-tions serving the proposed service area,in whole or in part.

6. To determine whether the grant-L ing of the application would be In con-! formity with the policy announced by

the Commission In Its Memorandum. Opinion of April 27, 1942.

7. To determine whether, In view ofthe facts adduc~l under the foregoingIssues, the granting of the applicationwould serve public interest, convenienceor necessity.

I The application nvolved herein willnot be granted by the Commission unlezsthe issues listed above are determined infavor of the applicant on the basis ofa record duly and properly made bymeans of a formal hearing.

The applicant Is hereby given the op-portunity to obtain a hearing on suchissues by filing a written appearance inaccordance with the provisions of§ 1.382 (b) of the Commission's Rules ofPractice and Procedure. Persons otherthan the applicant who desire to be heardmust file a petition to Intervene in ac-cordance with the provisions of § 1.102of the Commission's Rules of Practiceand Procedure.

The applicant's addres is as follows:Monmouth Broadcasting Company,Radio Station WBRB, 63 Broad Street,Red Bank, New Jersey.

Dated at Washington, D. C. November19. 1942.

By the Commission.E[sAL] , T. J. SLOWTE,

Secretary.[F.R. Doc. 42-12272; :Filed, Novcmber 23, 192;

10:21 a. m.]

[D:c::ct 17a. £447]M.o.sourr BrOADc'IsTN-o COmu

(WBRB);OTICE Or l =rIG

In re application of Monmnouth Broad-casting Company (WBRB), dated, July30, 1941, for renewal of license; class ofservice, broadcast; class of station,broadcast; location, Red Bank, uewJersey; operating assignment specified:frequency, 1240 hc; power, 100 w. night;100 w. day; hours of operation, sharestime with WGBB and WFAS.

You are hereby notified that the Com-mLssion on October 6, 1942, denied thepetition of the applicant filed pursuant tothe Memorandum Opinion of the Com-mission of April 27, 1942, and designatedthe above-entitled matter for hearingupon the following issues:

1. To determine whether the applicant,it4 ofacers, directors and stockholders,are financially, and otherwise qualifiedto continue the operation of the station.

2. To determine the service renderedby Station VTBRB since February 16,1941, and the service which applicantmay be expected to render in the eventthis application Is granted.

3. To determine whether the equip-ment proposed to be employed in theoperation of the station will meet therequirements of Commission regulationsand the Standards of Good EngineeringPractice.

4. To determine whether, in view ofthe factsadduced under the foregoingissues, a grant of the application wouldserve public interest, convenience or ne-cezsty.

The application involved herein willnot be granted by the Commission unlessthe issues listed above are determined infavor of the applicant on the basis of arecord duly and properly made-by meansof a formal hearing.

The applicant is hereby given the op-portunity to obtain a hearing on suchisues by filing a written appearance inaccordance with the provisions of § 1.332(b) of the Commission's Rules of Prac-tice and Procedure. Persons other thanthe applicant who desire to be heardmus. file a petition to intervene in ac-corda nce with the provisions of § 1.102of the Commission's Rules of Practiceand Procedure.

The applicantfs address is as follows:'Monmouth Broadcasting Company, Ra-dio Station WERE, 63 Broad Street, Red

NflJ ,e Jersey.Dated at Washington, D. C., November

19, 1942.By the Commission.[sng] T. J. SLoW,

Secretaru.

[P. R. D:. 42-1=73; Filed. Nbovember 23,192;10:22 a. m-']

FEDERAL POWER CO3PM.ISSION.iDczet 147 o.G-4271

Coz;sorI.A GAs U rIxns Coaxosaxoi.01"DE1r I).=~ D rnon ns_,.'G

Nov,=-, 18, 1942.Consolidated Ga s Utilities Corpora-

tion (hereinafter referred to as "Appli-

9751


cant"), by application filed October 29,1942, requested that it be authorized, pur-suant to section 7 (b) of the Natural GasAct, to discontinue and abandon the saleof gas to W. S. Fees for resale to CitiesService Gas Company;

It appearing to the Commission that:(a) Applicant is now engaged in the

sale of natural gas to W. S. Fees, pursu-ant to Consolidated Gas Utilities Corpo-ration Rate Schedule FPC No. 16 andSupplements Nos. 1 and 2 thereto;

(b) The natural gas purchased by W.S. Fees from Applicant is sold to CitiesService Gas Company for resale pursu-ant to W. S. Fees' Rate Schedule FRCNo. 1;

(c) On October 23, 1942, Applicantfiled an applhcation with the Commissionrequesting that it be authorized to dis-continue and abandon the sale of naturalgas to W. S. Fees;(d) Cities Service Gas Company ad-

vised the Commission on November 14,1942, that it protests the termination ofApplicant's service to W. S. Fees, for itypould be unable to replace the gas whichIs now obtained from Applicant, throughW. S. Fees, except at greatly increasedcost; Cities Service also stated that itdesired to continue to receive this gaseither from W. S. Fees or directly fromApplicant under the terms and condi-tions of the agreement between CitiesService and Fees;

The Commission orders that:(A) A public hearing be held in the

Federal Building, Kansas Qit!, Missouri,on December 10, 1942, at 10:00 a. in.,for the purpose of determining whetherthe present or future public convenienceor necessity permits the requested aban-donment of service;"

(B) Interested State Commissions mayparticipate in the hearing as providedin § 67.4 of the Provisional Rules ofPractice and Regulations under the Nat-ural Gas Act.

By the Commission.LEON M. FUQUAY,

Secretary.iF. R. Doe. 42-12208; Piled, November 21, 1942;

10:12 a. m.]

[Project No. 1887]COOPERATIVE SERVICE ASSOCIATION

ORDER CONTINUING DATE OF HEARING

NOVELIBER 18, 1942.A public hearing having been set for

November 30, 1942, on the application forCooperative Service Association of Mere-dith, New Hampshire, for preliminarypermit for a proposed hydroelectric de-velopment to be installed at the FranklinFalls flood control dam on the Pemige-wasset River In MerrimackCounty,'NewHampshire, and it appearing desirable toagain postpone said hearing;

Upon the Commission's own motion,It is ordered, That:

Said hearing be postponed to January4, 1943, beginning at 9:45 a. m. (ENrT)In Room 305, Federal Building, Concord,New Hampshire.

By the Commission.[SEAL] LEON M. FUQUAY,

Secretary.[P. R. Doe. 42-12275; Filed, November 23, 1942;

10:21 a. m.]

OFFICE OF ALIEN PROPERTY CUS-TODIAN.

[Vesting Order 154, Amendment]

REAL PROPERTY IN NEW YORK CITY OWNEDBY MRS. JOSEPHINE M. LoRscH

Vesting Order Number 154 of Septem-ber 17, 1942,1 is hereby amended as fol-lows and not otherwise:

By inserting the words "thence easterlyalong 78th Street, 16 feet 8 inches;" Imme-diately following the words "Beginning at apoint on the southerly side of 78th Street,distant 153 feet 4 inches easterly from-thesoutheasterly corner of '78th Street and Park(formerly 4th) Avenue;" appearing in ExhibitA attached to said order and made a partthereof.

All other provisions of such VestingOrder Number 154 and all action takenon behalf of the undersigned in reliancethereon, pursuant thereto and under theauthority thereof are hereby ratified andconfirmed.

Executed at Washington, D. C., onNovember 18, 1942.

[SEAL] LEo T. CROWLEY,Alien Property Custodian.

[F. R. Doec. 42-12240; Filed, November 21, 1942;10:48 a. m.]

[Vesting Order 239]16% 6F THE CAPITAL STOCK OF NICHIBEI

SECURITIES CORP. or Los ANGELES

Under the authority of the Tradingwith the Enemy Act, as amended, andExecutive Order No. 9095, as amended,and pursuant to law, the undersignedafter investigation, finding:

(a) That the property described asfollows:

200 shares (which represent 16% of alloutstanding shares) of $10 par value capitalstock of Nichlbei Securities Corp. of LosAngeles, a California corporation, Los An-geles, California, which is a business enter-prise within the United States, the namesand last known addresses of the registeredowners of which, and the number of shares'owned by them respectively, are as follows:

Number ofNames and last known addresses sharesH. T. Komai (alien detention camp)--- 100

Yoshimori Nozawa (alien detentioncamp) --------------------------- 100

Total --------------------------- 200

is property of nationals, and representsan interest in said business enterprisewhich is a national (by reason of thefact that a substantial part of all out-standing shares are owned by nationals),of a designated enemy country (Japan);and

(b) That the property described asfollows:

All right, title, interest and claim of anyname or nature whatsoever of Tokyo NichibelShoken, a Japanese corporation, Tokyo,Japan, in and to all indebtedness, contingentor otherwise and whether or not matured,owing to it by said Nichibel Securities Corp.of Los Angeles, including but not limited toall security rights in and to any and allcollateral for any or all of such indebtednessand the right to sue for and collect suchindebtedness,

17 Pl . 8 1405.

is an interest in the aforesaid businessenterprise held by, and Is property withinthe United States owned or controlledby, a national of a designated enemycountry (Japan);and determining that to the extent thatany or all of such nationals are personsnot within a designated enemy countrythe national interest of the United Statesrequires that such persons be treated asnationals of the aforesaid detignatedenemy country, (Japan), and havingmade all determinations and taken allaction, after appropriate consultationand certification, required by said Exec-utive Order or Act or otherwise, anddeeming it necessary In the national In-teresthereby vests such property In theAlien Property Custodian, to bg held,used, administered, liquidated, gold orotherwise dealt with In the interest ofand for the benefit of the United States.

Such property and any or all of theproceeds thereof shall be held In a specialaccount pending further determinationof the Alien Property Custodian. Thisshall not be deemed to limit the powersof the Alien Property Custodian to re-turn such property or the proceedsthereof, or to Indicate that compensa-tion will not be paid In lieu thereof, Ifand when it should be determined thatsuch return should be made or such com-pensation should be paid.

Any person, except a national of adesignated enemy country, asserting anyclaim arising as a result of this order mayfile with the Allen Property Custodiana notice of his claim, together with a re-quest for a hearing thereon, on FormAPC-1, within one year from the datehereof, or within such further time asmay be allowed by the Alien PropertyCustodian. Nothing herein containedshall be deemed to constitute an admis-sion of the existence, validity or right toallowance of any such claim.

The terms "national", "designatedenemy country" and "business enter-prise within the United States" as usedherein shall have the meanings pre-scribed in section 10 of said ExecutiveOrder.

Executed at Washington, D. C. onOctober 15, 1942.

[SEAL] LEO T. CRoWLEv,,* Alien Property Custodian,

[F. R. Doe. 42-12223; Filed, November 21,104210:45 a. m.]

[Vesting Order 2401

25.47% OF THE CAPITAL STOCK or NIciIDEXSECURITIES Co=iPAyn, LTD.

Under the authority of the TradingWith the Enemy Act, as amended, andExecutive Order No. 9095, as amended,and pursuant to law, the undersigned,after investigation, finding:

(a) That the property described asfollows:

1,180 shares (which constitute a substan-tial part, namely, 25.47%, of all outstandingshares) .of $10 par value capital steel: ofNichlbel Securities Company, Ltd,, a Cali-fornia corporation, San Francisco, Califor-nia, which is a business enterprise within thoUnited States, the names and last konownaddresses of the registered owners of which,

9752

FEDERAL REGISTER, Tuesday, November 21, 1912and the number of shares owned by themrespectively, are as follows:

Number ofNames and last nomn addresses sharesM.itsuo Eosaka, Japan- ...... ... 525Toyosaku Komal (alien detention

camp). 50Torao Koyano, Japan ..... -------- - 5Kinji Nishi (alien detention camp)__ 50Yoshimorl Nozawa (alien detention

camp) --------....-- ...--------- 50Selsuke Umekl (al i en detentioncamp)-- - 450

Tomio Yasumitsu, Japan- ....... 50

Total ------------ ------.-- 1,180

is property of nationals, and representsan interest in said business enterprisewhich is a national, of a designated en-emy-country (Japan); and

(b) That the property. described asfollows:

All right, title, interest and claim of anyname or nature whatsoever oi-Tokyo NichibelShoken, a Japanese corporation, Tokyo,Japan, in and to all indebtedness, contingentor otherwise and whether or not matured,owing to it by the aforesaid Nichlbel Securi-ties Company, Ltd., including but not lim-ited to all security rights in and to any andall collateral for any or all of such indebt-edness and the right to sue for and collectsuch Indebtedness,

is an interest in the aforesaid businessenterprise held by, and is property withinthe United States owned or controlled by,a national of a designated enemy coun-try (Japan);and determining that to the extent thatany or all of such nationals are personsnot within a designated enemy countrythe national interest of the United Statesrequires that such persons be treated asnationals of the aforesaid designatedenemy country (Japan), and- havingmade all determinations and taken allaction, after appropriate consultationand certification, required by said Execu-tive Order or Act or otherwise, and deem-ing it necessary in the nationalinterest,hereby vests such property in the AlienProperty Custodian, to be held, used,administered, liquidated, sold or other-wise dealt with in the interest of and forthe benefit of the United States.

Such property and any or all of theproceeds thereof shall be held in a specialaccount pending further determinationof the Alien Property Custodian. Thisshall not be deemed to limit the powersof the Alien Property Custodian tc returnsuch property or the proceeds thereof, orto indicate that compensation will notbe paid in lieu thereof, if and when itshould be determined that such returnshould be made or such compensationshould be paid.

Any person, except a national of adesignated enemy country, asserting anyclaim arising as a result of this ordermay file with the Alien Property Custo-dian a notic6 of his claim, together witha request for a hearing thereon, on FormAPC-1, within one year from the datehereof, or within such further time asmay be allowed by the Alien PropertyCustodian. Nothing herein containedshall be deemed to constitute an admis-sion of the existence, validity or rightto allowance of any such claim,

The terms "national", "deignatedenemy country" and "busin ems enterprisewithin the United State" as used hereinshall have the meanings prescribed Insection 10 of said Executive Crder.

Executed at Washington, D. C. on Oc-tober 15, 1942.

[SEAL] Lxo T. CowLvny,Alien Property Custodian. Z

[F. R.Doc. 42-12224: Filed, November 21, 1942;10:45 a. m.)

[Vesting Order 2451

Ass=n or Asim SHnmmrUnder the authority of the Trading

with the Enemy Act, as amended, andExecutive Order No. 9095, as amended,and pursuant to law, the undersigned,after investigation, finding that the prop-erty described as follows:"All property of any nature rbatsasversituatcd In the United Statco and owned orcontrolled by, payable or deliverable to, orheld on behalf of or on account of or owingto, Acahi Shinbun, a Japaneza corporation,Tokyo and Osaka, Japan, including, but notlimited to, all of the asets of Its United State3branch known as The Asa Shinbun, NewYork. New York, which corporation is a bu:l-nes enterprice within the Unitcd States. andan account in the National City Bank, NewYork, New York. in the name of Kyoso morl.Japan (by repatriation), rhIch account I,held for the benefit of and owned by MeAsahi Shinbun,

is property of said business enterprisewhich is a national of a designated enemycountry (Japan), and determining thatto the extent that such national is aperson not within a designated enemycountry the national interest of theUnited States requires that such personbe treated as a national of a designatedenemy country (Japan), and havingmade all determinations and taken allaction, after appropriate consultationand certification, required by said Execu-tive Order or Act or otherwise, and deem-ing it necessary in the national Interest,hereby vests such property in the AllenProperty Custodian, to be held, u ed, ad-ministered, liquidated, sold or otherwisedealt with in the Interest of and for thebenefit of the United States.

Such property 'and any or all of theproceeds thereof shall be held in a spe-cial account pending further detdrml-pation of the Alien Property Custodian.This shall not be deemed to limit thepowers of the Allen Property Custodianto return such property or the proceeds.thereof, or to indicate that compansationwill not be paid in lieu thereof, If andwhen it should be determined that suchreturn should be made or such compen-sation should be paid.

Any person, except a national of a des-ignated enemy country, aserting anyclaim arlsing as a result of this order mayfle€ with the Allen Property Custodian anotice of his claim, together with a re-quest for a hearing thereon, on FormAPC-1, within one year from the datehereof, or within such further time asmay be allowed by the Allen PropertyCustodian. Nothing herein containedshall be deemed to constitute an admis-

slon of the existence, validity or right toallowance of any such claim.

The terms "national", "designatedenemy country" and "business enterprisewithin the United States" as used hereinshall have the meanings prescribed insection 10 of said Executive Order.

Executed at Washington, D. C., on Oa-tober 19, 1942.

[s-.,L] LEo T. Cxowvra,Alien Property Custodian.

[P.B. DsC. 42-122=5; Filed. November 21,102_2;10:45 a. m.]

[Vesting Order 2461

As sus Or SHoCnMtr COMIANT, Lro).

Under the authority of the Tradingwith the Enemy Lct, as amended, andExecutive Order No. 9095, as amended,and pursuant to law, the undersigned,after Investgatlons

(a) Finding that Shochiku Company,Ltd., a Japanese corporation, Toklo,Japan, Is a national of a designated ene-my country (Japan);

(b) Finding that Shocbftu Company,Ltd., Hollywood Bra,ch, a partnership,Los Angeles, California, which is a busi-nezs enterprise within the United States,Is a branch or agency of the aforesaidJapanese corporation and is controlledby or acting for the benefit or on behalfof the aforesaid Japanese corporationand is therefore a national of a desig-nated enemy country (Japan);

(c) Finding that the property de-scribed as follows:

All property of any nature whatsoaver situ-ated In the United Statez and owned orcontrolled by, payable or d2liverable to, orheld on be-half of or on account of or owingto, the aforesaid Schcchiku Company, Ltd.,Toldo, Japan, or SchochiL-u Company, Ltd.,Hollywood Branch, Los Angeles, California.

is property of a national of a designatedenemy country (Japan); '

(d) Finding that the property de-scribed as follows:

All tight, title, interest, and claim of anyname or nature .hats aver- In and to allaccounts payable and othEr indebtedn-a.z,continMnt or othcrwise, and whether or natmatured. owidn to the aforesaid Japanezacorporation by -aid Sh chiku Company, Ltd.,HollywcA Branch, including hut not limitedto all recurity r1ht3 in and to any and allcollateral for any or all of such Ind2btednes-and the right to cue for and collect suchindebtednecs,

Is an interest in the aforesaid businessenterprise held by a national of a desig-nated enemy country (Japan), and alsois property within the United Statesowned and controlled by a national of adeslnated enemy country (Japan);

(e) Determining that to the extentthat such nationals are persons not with-in a designated enemy country, the na-tional Interest of the United States re-quires that such persons be treated asnationals of the aforesaid designatedenemy country (Japan);

(f Having made all determinationsand taken all action, after appropriateconsultation and certification, requiredby said Executive Order or Act or other-wise; and

973

FEDERAL REGISTER, Tuesday, NQvember 24, 1942

(g) Deeming it necessary In the na-tional Interest;hereby vests In the Alien Property Cus-todian the property described in sub-paragraphs (c) and (d), to be held, used,administered, liquidated, sold, or-other-wvise dealt with in the interest of andfor the benefit of the United States.

Such property and any or all of theproceeds thereof shall be held in aspecial account pending further deter-mination of the Alien Property Cus-todian. This shall not be deemed to limitthe powers of the Alien Property Cus-todian to return such property or theproceeds thereof, or to indicate thatcompensation will not be paid in lieutherof, If and when it should be deter-mined that such return should be madeor such compensation should be paid.

Any person, except a national of adesignated enemy country, asserting anyclaim arising as a7 result of this order*may file with the Alien Property Cus-todian a notice of his claim, togetherwith a request for a hearing thereon, onForm APC-1, within one year from thedate hereof, or within such further timeas may be allowed by the Alien PropertyCustodian. Nothing herein containedshall be deemed to constitute an dmis-sion of the existence, validity or right toallowance of any such claim.

The terms "national", "designatedenemy country" and "business enterprisewithin the United States" as used hereinshall have the meanings prescribed insection 10 of said Executive Order.

Executed at Washington, D. C., onOctober 19, 1942.

[SEAL] LEo T. CROWLEY,Alieft Property Custodian.

[F. R. Dc. 42-12226; Filed, November 21, 1942;10:45 a. m.]

[Vesting 'Order 2561

CERTAIN INDEBTEDNESS OWING BY YOKO-ILWA SPEcIE BANm, I/ri., ETC.

Re: Certain indebtedness owing byYokohama Specie Bank, Ltd. (San Fran-cisco), and/or the Superintendent ofBanks of the State of California.

Under the authority of the Tradingwith the Enemy Act, as amended, andExecutive Order No. 9095, as amended,and pursuant to law, the undersigned,after investigation:

1. Finding that Yokohama SpecieBank, Ltd., a Japanese corporation,T-kyo, Japan, and Nippon Yusen Kaisha,a Japanese corporation, Tokyo, Japan,and each of them, are nationals of adesignated enemy country (Japan);

2. Finding that said Yokohama SpecieBank, Ltd., and said Nippon YusenKaisha, and each of them, have estab-lished branch offices at San Francisco,California, engaged in the conduct ofbusiness, within the United States, and.are business enterprises within theUnited States;

3. Finding that liquidation of said SanFrancisco branch of the aforesaid Yoko-hama Specie Bank, Ltd., is in the processof administration by a person- (namely,the Superintendent of Banks of the Stateof California) acting under judicial

supervision (namly, that of the Supe-rior Court of the State of California,in and for the City and County of SanFrancisco) within the meaning of Sec-tion 2 (f) of the aforesaid ExecutiveOrder;

4. Finding that liquidation of saidNippon Yusen Kaisha, or of its assetsin the United States, or of its San Fran-cisco branch, is in the process of admin-istration by a person (namely,,a trusteein bankruptcy) acting under judicialsupervision (namely, that of t~e UnitedStates District Court at San Francisco)within the meaning of Section 2 (f) ofthe aforesaid Executive Order;

5. 'inding that Yoshio Muto, whowas formerly Consul General of Japan inSan Francisco, is a national of a desig-nated enemy country (Japan);

6. Finding that the property describedas follows:

All right, title, interest and claim of anyname or nature WVhatsoever of the aforesaidYoshio "Iuto, Nippon Yusen Xaisha, and thelatter's San Francisco branch, and each ofthem, in and to all indebtedness, contingentor otherwise and whether or not matured,owing to them or any of 4hem by the afore-said Yokohama Specie Bank, Ltd., or by itssaid San Francisco branch or by the afore-said Superintendent of Banks, Including butnot limited to all security rights In and toany and all collateral for any or all of suchindebtedness and the right to sue for andcollect such indebtedness,

Is (a) an interest in a business enter-prise within the United States (namely,the aforesaid Yokohama Specie Bank,Ltd., and/or its San Francisco branch)held by a national or nationals of an'enemy country (Japan), and also is (b)property within the United States ownedor controlled by a national or nationals.of a designated enemy country (Japan),and also is (c) property which is pay-able or deliverable to, or claimed by, anational or nationals of a designatedenemy country (Japan) and which (ashereinbefore stated in subparagraph 3)is in the process of administration by aperson acting under judicihl supervision;

7. Determining that to the extent thatsuch nationals, or any of them, are per-sons not within a designated enemycountry, the national interest of theUnited States requires that such personsand each of them be treated as nationalsof the aforesaid designated enemy coun-try (Japan) ;

8. Having made all determinations andtaken all action, after appropriate con-sultation and certification, required bysaid Executive Order or Act or other-wise; and

9. Deeming it necessary In the na-tional interest;hereby vests in the Alien Property Custo-dian the property hereinbefore describedin subparagraph 6, to be held, used, ad-ministered, liquidated, sold or otherwisedealt with in the interest of and for thebenefit of the United States.

Such property and any or all of theproceeds thereof shall be held in a spe-cial account pending further determina-tion of the Alien Property Custodian.This shall not be deemed to limit thebowers of the Allen Property Custodianto return such property or the proceedsthereof, or to indicate that compensation

will not be paid In lieu thereof, If andwhen It should be determined that suchreturn should be made or such compen-sation should be paid.

Any person, except a national of a des-Ignated enemy country, asserting anyclaimarising as a result of this order mayfile with the Allen Property Custodiana notlce of his claim, together with a re-quest- for a hearing thereon, on FormAPC-1, within one year from the datehereof, or within such further time asmay be allowed by the Allen PropertyCustodian. Nothing herein containedshall be deemed to constitute an admis-sion of the existence, validity or rightto allowance of any such claim.

The terms "national", "designated en-emy country" and "business enterprisewithin the United States" as used hereinshall have the meanings prescribed insection 10 of said Executive Order.


[SEAL] LEo T. CROWLEY,Alien Property Custodian.

[F. R. Doe. 42-12236; Filed, November 21, 1042;10:48 a. m.]

[Vesting Order 284]

INTERESTS OF GERMAN NATIONALS IN NINECONTRACTS

Under the authority of the Tradingwith the Enemy Act,. as amended, andExecutive Order No. 9095, as amended,and pursuant to law, the undersigned,after investigation, finding that theproperty described as follows:

All right, title and interest of each andall of the following:

Farbenfabriken vorm. Friedr. Bayer & Com-pany,

Farbwerke vorm. Meister Lucius & Bruning,Aktiengesellschaft fur Anilin-FabrIlation,Leopold Cassella & Co., 0. m. b. H.,Chemische Fabrik Grieshoim-Elektron,Chemische Fabriken vorm. Veller-ter Meer,Kalle & Co., Aktiengesellschaft,Anilinfebrik Carl Jaeger, 0. m. b. H.,Farbterk Muehlheim vorm. A. Leonhardt

& Co.,Wuelflng, Dahl & Co., Aktiengesollschnft,Badiscbe Anilin-und Soda Falfrik,I. 0. Farbenindustrie, A. 0., andDr. F. Raschig, G. m. b. H.,

(all of whom are, or If they have ceasedto exist were, business enterprises or-ganized under the laws of or having theirprincipal places of buslness In Ger-many), and of each and all of the suc-cessors, assigns and affiliates of each andall such business enterprises, in and tocertain contracts (together with allclaims for money, credits, royalties orother amounts due and payable underany or all of such contracts to any or allof the aforesaid business enterprisesand/or each and all of their successors,assigns and affiliates), each of which con-tracts and the one or more of such busi-ness enterprises relating thereto, respec-tively, are fully described in Exhibit A%attached hereto and made a part hereof.Is property within the United Statesowned or controlled by nationals of adesignated enemy country (Germany),and determining that to the extent thatany or all of such nationals are pertonsnot within a designated enemy country

9754


the national interest of the United Statesrequires that such persos be treated asnationals of the aforesaid designatedenemy country (Germany), and havingmade all determinations and taken allaction, after appropriate consultationand certification, required by said Ex-,ecutive Order or Act or otherwise, anddeeming it necessary in the national in-terest, hereby vests such property in theAlien Property Custodian, to be held,used, administered, liquidated, sold orotherwise dealt with in the interest of

.and for the benefit of the United States.Such property and any or all of the

proceeds thereof shall be held in aspecial account pending further'deter-mination of the Alien Property Custo-dian: This shall not be deemed to limitthe powers of the Alien Property Custo-dian to return suc property or the pro-ceeds thereof, or to indicate tha" com-pensation will not be paid in lieu thereof,if and when it should be determined that

/ such return should be made or suchcompensation should be paid.

Any person, except a national of a des-ignated enemy country, asserting anyclaim arising as a result of this ordermay file with the Alien Property Custo-dian a notice of his claim, together witha request for a hearing thereon, on FormAPC-1, within one year from the datehereof, or within such further time as

-may be allowed by the Alien PropertyCustodian. Nothing herein containedshall be deemed to constitute an admis-sion of the existence, validity or right to

lowance of any such claim.The terms "national" and "designated

enemy country" as used herein shallhave the meanings prescribed in section10 of said Executive Order.


[SEAL] LEO T. CROWLEYAlkn Property Custodian.

ExarrT A

1. All right, title and Interest of:Farbenfabriken vorro. Friedr. Bayer & Com-

pany,Farbwerke vorm. Meister Lucius & Bruning,Aktiengesellschaft fur Anilin-Fabrikation,Leopold Cassella & Co., G. m. b. H.,Chemische Fabrik Griesheim-Eaektron,Chemische Fabriken vorm. Weuer-t r Meer,Kalle & Co.. Aktiengesellschaft,Anilinfabrik Carl Jaeger G. m. b. H.,Farbwerk Muehleim vorm. A. Leonhardt &

Co.,Wuelfing, Dahl & Co., Aktiengesellschaft,

as well as their -successors, assigns. and affli-ates, including, but not by way of limitation,Badisch.e Anilin-und Soda Fabrik, and 1. G.Farbenindustrle, A. G, in and to a certain'Memorandum of Agreement" dated July 31,

1925, by and between Grasselli Chemical Com-pany, Grasselli Dyestuff Corporation, Her-man A. Metz, Farbenfabriken vorm. MeisterBayer & Company, Farbwerke vorm. MeisterLucius & Bruning, and eight German corpora-tions called "The Manufacturers"; subject toand including all interpretations and modifi-cations thereof, and supplements thereto, In-cluding, but not by way of limitation, the"Profit Sharing Agreement" of July 31, 1925,by and between Grasselli Chemical Company.and Farbenfabriken vorm. Frledr.-Bayer &Company; a letter dated July 31. 1925, toGrasselh Chemical Company signed by 0. v.Weinberg and agreed to by Grassell ChemicalCompany, Farbenfabriken vorm. Frledr.

Bayer & Company and Farbv~ceri vorm.Melster Lucius & Bruning; a letter datedJuly 31, 1923. from Grasnlli Che-mlcal Com-pany to Farbenfabriken vorm. Frlcdr Bayer& Company and Farbrerlh vorm. MolsterLucius & Bruning Eigned by IrXher and aegrcdto by Farbenfabriken vorm. Frlcdr. Bayer &Company and Farbwerke vorm. Mcister Lu-cius & Bruning; an a,reement dated October20, 1928, by and betwcen Gra-izll ChemicalCompany, GraelUI Dyeztuff Corporation andI. G. Farbcnindustrle, A. G for itc:lf and aasuccesor In interest to certain German cor-porations: an agreement dated October 20.1923, by and between I. G. Farbenlndu3trloAkt'engeselIcchaft and Oro=zll DyctuZCorporation; a letter from 1. 0. FarbenInduz-trie Aktlenesellschaft dated January 12,1940 to General Aniline and Film Corpora-tion signed by v. Schnlntlcr and ter Mcer towhich Is attached a list of firmaz to whichgoods may be sold; certain cables dated Sep-tember 19, 1939 (two), Szptember 21, 1932:Septembcr 29. 1939; October 2. 1039: October14, 1939; October 16. 1939; October 23. 1939;December 11, 1939; January 2. 1940; January8, 1940; January 19. 1940; and January 22.1940, tcgether with the confirmations thereof,all between L G. FarbenindustrIe Aktien-gee_ llchaft and General Aniline and FilmCorporation; and a letter of Octob2r 28. 1939.from I. G. Farbeninductrle Aktlengezelicbaftto General Aniline WorL-, Inc., Esned by terMeer and SchnltUler. relating to ale to partsof the British Empire and Columbia; tcgetherwith all claims for money, credits, royalties orother amounts due and payable under thesaid contract.

2. All right, title and interet of Farbn-fabriken vorm. Frlcdr. Bayer & Company. as,well as its successors, assIgns, and aijllatro,Including, but not by way of limitation,Badlscho Anlln-und Soda FabrIk. and I. G.Farbenindustrie, A. G. In and to a certainagreernent dated Juno 17, 1924, by and be-tween Grazzelli Chemical Company, Far-benfabriken Torm. Frledr. Bayer & Companyand Grassell Dyestuff Corporation; subjectto and Including all interpretations andmodifications thereof, and supplementsthereto, Including, but not by way of limita-tion, a certain "Memorandum of Agreement"by and between the -ame parties dated July31. 1925; an agreement dated October 20.1928, by and between Grasselll ChemicalCompany, Grazelli Dyestuff Corporation abdI. G. FarbenIndustrie, A. G.. for Itself andas successor In interczt ft certain Germancorporations; an agrcermnt dated October20, 1928, by and between I. G. Farbenindus-trie Aktiengseallchaft and Gr',Uell DyeztuffCorporation; a letter from I. G. Farbenlnduo-trio Aktlengezellchaft dated January 12,1940 to General Aniline and Film Corporationsigned by v. Schnltz er and ter Meer td whichis attached a list of firms to which gcodsmay be sold; certain cables dated Eeptember19, 1939 (two), September 21, 1939; Septem-her 29, 1939; October 2, 1939; October 14,1939; October 16, 1939; October 23. 1939; De-cember 11, 1939; January 2, 1940; January 8,1940; January 19, 19-10; and January 22, 1940.together with the confirmations thereof, albetween . G. Farbenindustrio Aktleng eell-schaft and General Aniline and Film Cor-poration; and a letter of October 28, 1939from I. G. Farbenindustrlo Aktlengesll-schaft to Generl Anllino Work,_ Inc, ignedby ter Meer and Schaitnier, relating to Ealesto parts of the British Empire and Colombia;together with all claims for money, credits,royalties or other amounts due and payableunder the raid contract.

3. All right, title and interest of 1. G. Far-benindustrie Aktlengesellschaft in and to anagreement dated March 18, 1940 by andbetween General Aniline and Film Corpora-tion and I 0. Farbenindustrlo Aktiengcell-sechft (Identified as #354) relating to Ironcarbonyl.

4. An rIght, title and Interest of L G.Farbcninduatrie Altiengesel schaft in and toan agrcrment dated March 18, 1940 by andbetween Geeral Aniline and Film Corpora-tion and 1. G. Farbenindustrie ALtiengesll-rchaft (Identified as 353) relating to tex-tile assistants.

5. All right, title and Interest of I. G.Farbenindu-trie Ahtlengezellschaft In andto an agreement dated March 18, 1040 byand betw n General Aniline and Film Cor-poration and I. G. Farbenindustrie Aktien-gesedicseft (Identified as =355) relatingto '"'rflon."

6. All ri3ht, title and Interest of I. G.Farbenindustrie Aktiengezellschaft in and toan agreement dated March I. 1940 by andbet7cn General Aniline and Film Corpora-tion and L G. Farbanindustrie Aktiengezall--chaft (Identified as 4 356) relating to vinylethe and their polymem and vinyl esters.

7. All right, title and interest of L 0.Farb ninduatrle Aktlengezeulschaft In and toan agreement dated ?arch 18, 1940 by andbetween General Aniline and Film Corpora-tion and 1. G. Farbeninduatrie Atlen.ezall-.ihaft (identified as ;- 357) relating to or-ganlo Intermedlates, organic acids, organictanning agents, rubber chemicals, olvents.chlorinated hydrocarbons, softeners, syntheticresins. ,ynthetlc plastics, textile assistantsand dmlar products.

8. All right, title and Interest of Dr. F.Reohig. G. m. b. H., in and to a contractby and between It and Durez PIstics andChemlcala, Inc. signed by th3 said p=rtieson September 24, 1937 and Saptember 14.1937,respsctively; as modified by a letter datedDcember 23. 1933 from Durez Pleztcs andthemicaL-. Inc.. to Dr. F. Rachg. G. m. b. Hand accepted by Dr. F. Rascllg. G. m. b. H.on January 10, 1939; together with all moneys.royalties, credlts and other payments due andpayable under the said contract.

9. All right, title and Interest of Dr. F.Rarchig, G. m. b. H. in and to a contract byand between It and Durez Plastics and Chem-icals, Inc.. signed by the said partles on July17, 1939. together with all moneys, royalties.credits, notes and other payments due andpayable under the -aid contract.

[P. R. Dc. 42-12227; Filed, November 21,1942;10:45 a. m.]

[Vesting Order 3301

CZR - INWET ss OVWInG TO YAM-nAzA AN COIPANY, LTD.

Under the authority of the Tradingwith the Enemy Act, as amended, andExecutive Order No. 9095, as amended,and pursuant to law, the undersigned,after Investigation, finding that theproperty describe 'as follows:

All vlght, title, Interest and claim of anyname or nature whatsoever of YamanaRaand Company. Ltd., Osa,. Japan. in andto. all Indebtedness, contingent or othe=iseand.whcther or not matured, owing to it byYamanaka and Company, Inc., Boston, Mas-achuet, Including but not limited to all

securlty rights in and to ny and all col-lateral for any or all of such indebtednesand the right to sue for and collect suchindebtednes,

Is property within the United Statesowned or controlled by a national of adesignated enemy country (Japan), anddetermining that such property is neces-sary for the maintenance or safeguard-ing of other property (namely, that cer-tain real property In Bar Harbor Maine'which was found in Vesting Order Num-ber 140, Issued under date of September2, 1942, to be property within the United

9755

FID.,RAI REGISTER, Tuesday, November 24, 1942

States owned by said national) belong-ing to the same national of the same des-ignated enemy country and subject tovesting, and in fact vested by said vestingorder, pursuant to Section 2 of said Ex-ecutive Order, and determining that tothe extent that such national is a personnot within a designated enemy countrythe national Interest of the United Statesrequires that such person be treated as anational of the aforesaid designatedenemy country (Japan), and havingmade all determinations and taken allaction, 'after appropriate consultationand certification, required by said Exec-utive Order or Act or otherwise, anddeeming it necessary in the national in-terest, hereby vests such property inthe Alien Property Custodian, to be held,used, administered, liquidated, sold orotherwise dealt With in the interest ofand for the benefit of the United States.

Such property and any or all of theproceeds thereof shall be held in . specialaccount pending further determinationof the Alien Property Custodian. Thisshall not be deemed to limit the powersof the Allen Property Custodian to re-turn such property or the proceedsthereof, or to indicate that compensa-tion will not be paid in lieu thereof, ifand when It should be determined thatsuch return should be made or suchcompensation should be paid.

Any person, except a national of a des-ignated enemy country, asserting anyclaim arising as a result of this ordermay file with the Alien Property Cus-todian a notice of his claim, togetherwith a request for a hearing thereon, onForm APC-1, within one year from thedate hereof, or within such further timeas may be allowed by the Allen PropertyCustodian. Nothing herein containedshall be deemed to constitute an! admis-sion of the existence, validity or rightto allowance of any such claim.

The terms "national" and "designatedenemy country" as used herein shallhave the meanings prescribed in section10 of said Executive Order.

Executed at Washington, D. C., onNovember 5, 1942.

[SEAL] LEO T. CROWLEY,I 'Alien Property Custodian.

[F. R. Doc. 42-12228; Filed, November 21, 1942;10:48 a.m.]

[Vesting Order 372]

MORTGAGE OWNED BY MRS. JOSEPHIWE M.LoRscH COVERING REAL PROPERTY INNEW YORH CITY

Whereas, pursuant to Vesting OrderNumber 154 of September 17, 1942, theundersigned intended to vest a Qertainobligation secured by a mortgage, to-gether with such mortgage; and

Whereas, in describing the propertyintended to be vested no reference wasmade to such obligation, or mortgage;

Now, therefore, in order to cure anydefect in said order arising by virtue ofthe failure to make reference to such ob-ligation or mortgage, the following orderis hereby issued:,

Under the authority of the Tradingwith the Enemy Act, as amended, andExecutive Order No. 9095, as amended,

and pursuant to law, the undersigned,after investigation, finding that theproperty described as follows:

All right, title, interest and claim of anyname or pature whatsoever of 1drs. JosephinpM. Lorsch, whose last known address wasrepresented to the undersigned as being-inEure-et-Loire, France, in and to any and allobligations (contingent or -therwise andwhether or not matured) which are securedby that certain mortgage from AmandaB. Schwab to Lawyers Trust Company datedDecember 27, 1928 and thereafter duly as--signed by mesne assignments to Mrs. Jose-phine M. Lorsch, which mortgage covers cer-tain real property together with all fixtures,Improvements and appurtenances theretolocated at 112 East 78th Street, New York,New York, including' but not limited to allsecurity rights In and to any and all collateral(including said mortgage) for any or all ofsuch obligations and the right to enforce andcollect such obligations,

Is property within the United Statesowned by a national of a designatedenemy country (Germany), and deter-mining that to the extent that such na-tional is a person not within a designatedenemy country, such person is Controlled53 a designated enemy country (Ger-many), or a person within such country,and the national interest of the UnitedStates requires that .such person betreated as a national of the aforesaiddesignated enemy country (Germany),and having made all determinations andtaken all action, after appropriate con-sultation and certification, required bysaid Executive Order or Act or otherwise,and deeming it necessary in the nationalinterest, hereby vests such property inthe Alien Property Custodian, to be'held,used, administered, liquidated, sold orotherwise dealt with in the interest ofand'for the benefit of the United States.

Such property and any or all of theproceeds thereof shall be held in a spe-cial account pending further determina-tion of the Alien Property Custodian.This shall not be deemed to limit thepowers of the Alien Property Custodianto return such property or the proceedsthereof, or to indicate that compensationwill not be paid in lieu thereof, if andwhen it should be determined that suchreturn should be made or such compen-sation should be paid.

Any person, except a national of a des-ignated enemy country, asserting anyclaim arising as a result of this order mayfile with the 4lien Property Custodian anotice of his claim, together with a re-quest for a hearing thereon, on FormAPC-1, within one year from the date.hereof, or within -such further time asmay be allowed by the Allen PropertyCustodian. Nothing herein containedshall be deemed to constitute an admid-sion of the existence, validity or right toallowance of any'such claim.

The terms "national" and "designatedenemy country" as used herein shall havethe meanings prescribed in section 10 ofsaid Executive Order.

Executed at Washington, D. C., on No-vember 18, 1942.

[SEAL] LEO T. CROWLEY,Alien Property Custodian.

[F.R. Doc. 42-12237; Filed, November 21, 1942;10:48 a. m.]

[Vesting Order 370]

CERTAIN INDEBTEDNESS OwING By TANA-BUNE CORPORATION

Under the authority of the Tradingwith the Enemy ,Act, as amended, andExecutive Order No. 9095, as amended,and pursuant to law, the undersigned,after investigation, finding that theproperty described as follows:

All right, title, Interest and claim of anyname or nature whatsoever of Tatsumi Engi-neering Company, Ltd,, whose last knownaddress was represented to the underflgnel,as being Tokyo, Japan, in and to all Indebted-ness, contingent or otherwiso and whetheror not'matured, owing to It by Tal:amlnoCorporation [which was found in VestingOrder Number 194 issued under date of Sep.tember 28, 1042 to be a business enterprowithin the United States which Is a nationalof a designated enemy country (Japan)] aNew York corporation, New York, New York,including but not limited to all security rightsin and to any and all collateral for any andall such indebtedness and the right to sitofor and collect such Indebtedness,

is an Interest In the aforesaid businessenterprise held by, and is property with-in the United States owned or controlledby, a national of a designated enemycountry (Japan), determining that tothe extent that any or all of such na-tionals are persons not within a desig-nated enemy country the national in-terest of the United States requires thatsuch persons be treated as nationals ofthe aforesaid designated enemy country(Japan), and having made all deter-minations and taken all action, afterappropriate consultation and certifica-tion, required by said Executive Orderor Act or otherwise, and deeming Itnecessary in the national interest, here-by vests such property In the Alien Prop-erty Custodian, to be held, used, admin-istered, liquidated, sold or otherwise dealtwith in the interest of and for the bene-fit of the United States.

Such property and any or all of theproceeds thereof shall be held In a specialaccount pending fhrther determinationof the Alien Property Custodian. ThIgshall not be deemed to limit the powersof the Alien Property Custodian to re-turn §uch property or the proceedsthereof, or to indicate that compensa-tion will not be paid in lieu thereof, ifand when it should be determined thatsuch return should be made or such com-pensation should be paid.

Any person, except a national of adesignated enemy country, asserting anyclaim arising as a result of this ordermay file with the Alien Property Cus-todian a notice of his claim, togetherwith a request for a hearing thereon, onForm APC-1, within one year from thedate hereof, or within such further timeas may be allowed by the Allen PropertyCustodian. Nothing herein containedshall be deemed to constitute an admis-sion of the existence, validity or rightto allowance of any such claim,

The terms "national", "designatedenemy country" and "business enterprisewithin the United States" asoused hereinshall have the meanings prescribed insection 10 of said Executive Order,

9756

FEDERAL REGISTER, Tuesday, Nocember 21, 1912

See.706.40 _ Kind of payments.706.405 Conditions of payment.; perform-

ance required.706.406 Excess cotton acreage.706.407 Rates of payment and further con-

ditions.706.408 Application and eligibility for pay-

ment.706.409 Administration.

A=oHoar : §706.401 to 706.409 issued un-der the authority contained in sections 7 to17, as amended, 49 Stat. 1148, 1915; 50 Stat.329; 52 Stat. 31, 204, 205, 746; 53 Stat. 550,573; 16 U. S. C. 590g-490q.

§ 706A01 Authority and availabilityof funds. Pursuant to the authorityvested in the Secretary of Agricultureunder section 8 of the Soil Conservationand Domestic Allotment Act, as amended,and in connection with the effectuationof the purposes of section ' (a) of saidAct in 1943, payments will be made forparticipation in the 1943 Naval StoresConservation Program in accordancewith the provisions of this bulletin andsuch modifications thereof or other prowvisions as may hereafter be made.

The provisions of the 1943 Naval StoresConservation Program are necessarilysubject to such legislation affecting saidprogram as the Congress of the UnitedStates may hereafter enact; the makingof the payments herein rovided for iscontingent upon such appropriation asthe Congress may hereafter provide forsuch purpose; and the amounts of suchpayments will be finally determined bysuch appropriation and by the extent ofparticipation in the program. Any in-crease or decrease in the rates of pay-ments and deduction set forth hereinbecause of the extent of participation inthe program will not be in excess of 10percent.- '.06.402 Definition of terms-(a)Turpentine farm. The land and tur-pentine timber owned or leased, or op-erated oil a sharecrop basis, and underone management and in one general lo-cality, which is being operated for theproduction of gum naval stores.

(b) Gum naval stores. Crude gum(oleoresin), gum turpentine, and gumrosin produced from living trees. Gumnaval stores does not include naval storesproduced from dead timber, stumps,knots, etc.

(c) Producer. Any person or per-sons, firm, partnership, corporation, orother business enterprise, doing businessas a single legal entity and producinggum naval stores from timber controlledfor turpentine purposes through feeownership, cash lease, percentage lease,share lease, or other form of control.

(d) Face. The whole wound or ag-gregate of streaks made by chipping,streaking, or pulling the live tree tostimulate the flow of crude gum (oleo-resin), hereinafter referred to as gum.

(e) Cup. A container made of metal,clay, or other material hung on or be-low the face to accumulate the flow ofgum.

(f) Tins. The gutters or aprons,made of sheet metal or other material,used to aid in conducting the gum froma face into a cup.

-(g) Crop. 10,000 faces.

(h) Drift or tract. A portion or sub-division of a crop set apart for conveni-ence of operation.

(I) D. b. h. Diameter breast height:L e., diameter of tree measured at 43,feet from the ground.

(j) Turpentine season. The entirecalendar year or, if a turpentine farm isoperated less than the full calendaryear, that period within the calendaryear during which a producer is operat-ing his farm for the production of gumnaval stores.

(k) Application. The prescribed formof application for payment for cooperat-ing in the 1943 Naval Stores Zonserva-tion Program (hereinafter referred to asthis program).

§ 7106.403 Duration of program. Theperiod during which this program is tobe in effect is the period January 1 toDecember 31, 1943, inclusive.

§ 706.404 Hind of payments. Pay-ment will be made, at the rates andsubject to the conditions set forth in§ 706A07, to producers who in 1943 carryout the approved practices set forth In§ '06,405 with respect to turpentinefarms currently being worked in 1943,beginning such cooperation within timelimits to be established by the ForestService of the United States Departmentof Agriculture (hereinafter referred toas the Forest Service) as appropriateand practicable time limits necessary toafford full opportunity to producers tocooperate in this program and to obtaina full measure of compliance with theobjectives of this progr.m.

§ '06.405 Conditions of payment; per-formance required. In order to qualifyfor payment, producers shall meet thefollowing requirements:

(a) Working small trees prohibited.No face (either old or new) shall beworked during the 1943 turpentine sea-son on any tree less than 9 inches d.bh.on any turpentine farm or farms owned,leased, or worked by the applicant pro-ducer.

(b) Only one face permitted on tre;under 14 inches diameter. No trees thatis less than 14 inches d.b.h. shall havemore than one face worked during the1943 turpentine season on any turpen-tine farm or farms owned, leased, orworked by the applicant producer.

(c) Virgin faces on trees 9 inches orlarger eligible for payment. Paymentwill be made on all virgin faces worked,either owned or leased, by the applicantproducer if all such virgin faces are ontrees 9 inches d. b. h. or larger.

(d) Worldng quotas. For this pro-gram there will be no recognition of"base" as it was used in any previousprogram; and therefore no limitation re-sulting from "base" provisions as to thenumber of faces a producer may work.A producer may work any number offaces under this program, provided thatall faces so worked conform to the per-formance requirements outlined in theother paragraphs of this section.

(e) Written evidence of leases re-quired. Any producer who acquiresfaces through a new lease or the renewalof an expiring lease must present to the

Forest Service satisfactory proof in writ-ing of such a transaction.

(f) Restrictions concerning ron-par-ticipating operations. Any producerotherwise participating in this proramwho permits his labor to operate timberwhich he owns or controls and cannotoperate and remain eligible for partici-pation under the terms of this proram,or who assists in any manner in the oper-ation of such timber or the sale or proc-essing of the gum therefrom, either di-rectly or through a relative or employeeor through any member, officer, or em-ployee of any partnership, corporation,or other business enterprise in which hehas any interest or with which he hasany connection, or in any other mannerwhatsoever, shall not be eligible to re-ceive any benefit payment under thisprogram.

(g) Faces installed on small trees in1941 and 1942 not eligible for pdyment.As in previous programs, participants inthis program will be paid for the removalof faces on tree. under inches d. b. h.and on trees between 9 and 14 inchesd. b. h. as required by paragraphs (a)and (b) of this section, if the cups onsuch trees were installed during the 1939or 1940 turpentine season. As an-nounced in the 1941 and 1942 bulletins,no payment will be made for the removalof faces that were installed during the1941 and 1942 seasons on trees under 9inches d. b. h. and on trees between 9and 14 inches d. b. h.; and in the event ofa Naval Stores Conservation Program for1944 no payment will be made on suchfaces installed in 1943.

(h) Payment on discontinued faceslimited to small trees. Payment on dis-continued faces shall be limited to thoseremoved from small trees as required byparagraphs (a) and (b) of this section,provided such removed faces are locatedin drifts that contain working faceswhich are continued in operation.

(D Cups and tins must be detachedfrom small trees. Cups and tins mustbedetached from those faces removed fromoperation on trees under 9 inches d. b. h.or between 9 and 14 inches d. b. h., butfiecd not be removed from the area.

(j) Ximltatlon of woring area onfaces. Total streaks per face made dur-ing the peiod of this program, averagedby drifts or tracts, shall not exceed 24inches in vertical measurement betweenshoulders of first streak and shoulders oflast streak.

(k) Mjinimum number of streaks re-quired. Payment shall not be made onfaces in production which do not aver-age, by drifts or tracts, at least 12 streaksfor the 1943 turpentine season, whichstreaks shall have been made at nogreater frequency than two streaks perwee!:.

(I) Over 90-Inch. faces not eligible forpayment. Payment shall not be madeon working faces or on faces required tobe removed by paragraphs (a) and (b) ofthis section in any drift or tract wherethe average height of faces exceeds 90inches at the beginning of the 1943 tur-pentine season, In vertical measurementbetween shoulders of firs-t streak and

9657


may file with the Allen Property Cus-todian a notice of his claim, togetherwith a request for a hearing thereon,on Form APC-1, within one year fromthe date hereof, or within such furthertime as may be allowed by the AlienProperty Custodian.

The terms "national" and "designatedenemy country" as used herein ,shall-have the meanings prescribed in section10 of said Executive Order.

Dated: November 18, 1942.[sEAL] LEO T. CROWLEY,

Alien Property Custodian.[F.R. Doc. 42-12238; Filed, November 21, 1942;

10:48 a. in.]

)

[Vesting Order 381]

ESTATE OF MATHILDE LANICENAu, DECEASEDFile D-28-1669; E. T. sec. 534.Under the authority of the -Trading

with the Enemy Act as amended, Execu-tive Order 9095 as amended, and pursu-ant to law, the Alien Property Custodianafter investigation,

Filiding that-(1) The property and interests herelilafter-

described are property which is in the proc-ess of administration by Charles R. Wallen-dart, Executor, acting under the judicial su-pervision of the Surrogate's Court of theState of New York, in and for Bronx County;

(2) Such'property and interests are pay-able or deliverable to, or claimed by, a na-tional of a designated enemy country, Ger-many, namely,National Last known address

AIatta Hanken ---------------- Germany.And determining that-(3) If such national is a person'not within

A designated enemy country, the nationalInterest of the United States, requires thatsuch person be treated as a national of adesignated enemy country, Germany; andHaving made all determinations and takenall action, after appropriate consultation andcertification, required by said Executive Or-der or Act or otherwise, and deeming it nec-essary in the national interest,

Now, therefore, the Alien Property Cus-todian hreby vests the following prop-erty and interests:

All right, title, interest, and claim of anykind or character whatsoever of Matta Hankenin and to the Estate of Mathilde Lankenau,deceased,

to be held, used, administeked, liqui-dated, sold or otherwise dealt with in theinterest of and for the benefit-of theUnited States.

Such property and interests and anyor all of the proceeds thereof shall beheld in a special account pending fur-ther determination of the Alien Prop-erty Custodian. This shall not bedeemed to limit the powers of the AlienProperty Custodian to return such prop-erty and interests or the proceeds there-of, or to indicate that compensation -willnot be paid in lieu thereof, if and whenit should be determined that such re-.turn should be made or such compensa-tion should be paid.

Any person, except -a rlational of a-designated enemy country, asserting any.claim arising as a result of'this ordermay file with the Alien Property Custo-dian a notice of his claim, together witha request for a hearing thereon, on

Form APC-1, within one year from thedate hereof, or within such further timeas may. be allowed by the Alien PropertyCustodian.

The terms "national" and "designatedenemy country" as used-herein shallhave the meanings prescribed in section10 of said Executive Order.

Dated: November 18, 1942.EStALl LEo T. CROWLEY,

Alien Property Custodian.[F.R. Dce. 42-12239; Filed, November 21, 1942;

10:47 a. in.]

[Vesting Order 382]ESTATE OF MARGARETHA TEILIcH, DECEASED

File D-28-1673; E. T. sec. 547.Under the authority of the Trading

with the Enemy Act as amended, Exec-utive Order 9095 as amended, and pur-suant to law, the Alien Property Custo-dian after investigation,

Finding that-(1) The property and interests hereinafter

described are property which Is n the processof administration by A. Frederick Xempe,Executor under the last -will and testamentof Wargaretha Heilch, deceased, acting un-der the judicial supervision of the UnionCounty Surrogate's Court, New Jersey;

(2) Such property and interests are pay-able or deliverable to, or claimed by, na-tionals of a designated enemy country, Ger-many, namely,

Nattona s Last known addressAugust Baldauf .... Hesse-Nassau, Germany.A m e II a Baldauf tesse-Nassau, Germany.

Lindenberger.Evangelican Luther- Hesse-Nassau, Germany.

an Church ofKampfenbrunn.

And determining that-(3) If such nationals are persons not

within a designated enemy country, the na-tional interest of the United States requiresthat such persons be treated as nationals ofa designated enemy country, Germany; and

Having made all determinations and takenall action, after appropriate consultation andcertification, required by said Executive Or-der or Act or otherwise, and deeming it nec-essary in -the national Interest,

Now, therefore, the Alien PropertyCustodian hereby vests the followingproperty and interests:

All right, title, interest and claim of anykind or character -whatsoever of AugustBaldauf, Amelia Baldauf Lindenberger, andthe Evangelical Lutheran Church of Kemp-fenbrunn in and to the Estate of MargarethaHeilich, deceased,

to be held, used, administered, liquidated,sold or otherwise dealt with in the in-terest of and for the benefit of the UnitedStates.

Such property and interests and any orall of the proceeds thereof shall be heldin a special account pending further de-termination of the Alien Property Cus-todian. This shall not be deemed tolimit the powers of the Alien PropertyCustodian to return such property andinterests or the proceeds thereof, or toindicate that compensation will not bepaid in-lieu thereof, if and when it shouldbe determined that such return shouldbe made or such compensation should bepaid.

Any person, except a national of adesignated enemy country, asserting anyclaim arising as a result of this ordermay file with the Allen Property Custo-dian a notice of his claim, together witha request for a. hearing thereon, onForm APC-1, within one year from thedate hereof, or within such further timeas may be allowed by the Allen PropertyCustodian.

The terms "national" and d"designatedenemy country" as used herein shallhave the meanings prescribed In section10 of said Executive Order.

Dated: November 18, 1942.[SEAL] LEO T. CnOWLEY,

Alien Property Custodian.

[F.R. Doe. 42-12232; FlledNovember 21,1912;10:47 a. in.]

[Vesting Order 383]ESTATE OF CARLO CASAGaAnDE, DEcnASED

In re: estate of Carlo Casagrande, de-ceased-file D-38-352; E. T. see. 503.- Under the authority of the Tradingwith the Enemy Act as amended, Execu-tive Order 9095 as amended, and pur-suant to law, the Alien Property Cus-todian after investigation,

Finding that-(1) The property and Interests hereinafter

described are property which Is in the proc-ess of administration by Thomas A. Grandon,Administrator, acting under the judiclal su-pervision of the Surrogate's Court of thaState of New York, in and for Now YorkCounty;

(2) Such property and Interests ane pay-able or deliverhble to, or claimed by, nationalsof a designated enemy country, Italy, namely,Nationals: - Last known address

Elisa Casagrande ----------------- Italy.Sadie Casagrande ---------------- Italy.And determining that-(3) If such nationals are persons not with-

in a designated enemy country, the nationalInterest of the United States requires thatsuch persons be treated as nationals of adesignated enemy country Italy, andHaving made all determinations and takenall action, after appropriate consultation andcertification, required by said Executive or-der or Act or otherwise, and deeming it neces-sary in the national interest,

Now, therefore, the Alien PropertyCustodian hereby vests the followingproperty and Interests:

All right, title, interest, and claim of anykind or character whatsoever of Ellsa Casa-grande and Sadie Casagrando in and to theEstate of Carlo Casagrande, deceased,

to be held, used, administered, liqui-dated, sold or otherwise dealt with Inthe interest of and for the benefit of theUnited States.

Such property and Interests and anyor all of the proceeds thereof shall beheld in a special account pending furtherdetermination of the Allen Property Cus-todian. This shall not be deemed to,limit the powers of the Alien PropertyCustodian to return such property andinterests or the proceeds thereof, or toindicate that compensation will not bepaid in lieu thereof, If and when It shouldbe -determined that such return shouldbe made or such compensation should bepaid.

9758


Any person, except a national of a des-ignated enemy country, asserting anyclaim arising as a result of this ordermay file with the Alien Property Custo-dian a notice of his claim, together witha request for a hearing thereon, on FormAPC-1, within one year from the datehereof, or within such further time asmay be allowed by the Alien PropertyCustodian.

The terms "national" and 'designatedenemy country" as used herein shallhave the meanings prescribed in section10 of said Executive Order.

Dated: November 18, 1942.[SEAL] LEO T. CROWLEY,


IF. R. Doe. 42-12233; Filed, November 21, 1942;10:47 a. m.]

[Vesting Order 384]

ESTATE OF KATIE L. PowELL, DECESE

In re: estate of Katie L. Powell, de-ceased-File D-28-1454; E. T. sec. 136.

Under the authority of the Tradingwithi the Enemy Act as amended, Exec-utive Order 9095 as amended, and pur-suant to law, the Alien .Property Custo-dian after investigation,

Finding that-(1) The property and interests hereinaf-

ter described is property which is in theprocess of admlnstr tlon by Albion W.Knight, Administrator, acting under thejudicial supervision of the County Judge'sCourt of Duval County, State of Florida;

(2) Such property and interest is payableor deliverable to, or claimed by. a nationalof a designated enemy country, Germany,namely, Mr.s. Virginia Traub, whose lastknown address is 120 Haupstr, Heidelberg.,Germany; and

Determining that-(3) If such national Is a person not with-

in a designated enemy country, the nationalinterest of the United. States requires thatsuch person be treated as a national of adesignated enemy country, Germany; and

Having made all determinations and takenall action, after appropriate consultationand certification, required by said ExecutiveOrder or Act or otherwise, and deeming itnecessary in the national interest,

Now, -therefore, the Alien PropertyCustodian hereby vests the followingproperty and interests:

All right, title, interest, ahd claim of anykind or character whatsoever of Mrs. Vir-ginia Traub, in and to the Estate of KatieI Powell, deceased,

to be held, used, administered, liqui-dated, sold or otherwise dealt with in theintdrest of and for the benefit of theUnited States.

Such property and interests and anyor all of the proceeds thereof shall beheld in a special account pending fur-ther determination of the Alien PropertyCustodian. This shall not be deemed tolimit the powers of the Allen PropertyCustodian to return such property andinterests or the proceeds thereof, or toindicate that compensation will not bepaid in lieu thereof, if and when itshould be determined that such returnshould be made or such compensationshould be paid.

No. 230-15

Any person, except a national of adesignated enemy country, asserting anyclaim arising as a result of this ordermay file with the Alien Property Cus-todian a notice of his claim, togetherwith a request for a hearing thereon, onForm APC-l, within one year from thedate hereof, or within such further timeas may be allowed by the Allen PropertyCustodian.

The terms "national" and "deslgnatedenemy countr" as used herein shall havethe meanings prescribed in section 10 ofthe said Executive Order.

Dated: November 18, 1942.[SEAL] LEO T. Cn0WLuv ,


[P.R. Doc. 42-12234; Fled, Iovember 21, 1942;10:47 a. m.]

[Vesting Order 3851

ESTATE OF DOROTHY EIM.E11, DECEISM

In re: estate of Dorothy Ehleben, alsoknown as Dora Ehleben, also known asDorothy McCaughey, and also known asDora M Caughey, deceased-File D-28-1469; E.T. sec. 142.

Under the authority of the Tradingwith the Enemy Act as amended, Execu-tive Order 9095 as amended, and pursu-ant to law, the Alien Property Custodianafter investigation,

Finding that-(1) The property and interests hcreinaftcr

descrl ed are property which Is in the prececaof administration by Karollne Erauct, olsoknown as Caroline Krause. Esecutri:, actingunder the judicial supervision of SurroZate'sCourt of the State of Uew York, in and forthe County of Kings;

(2). Such property and Intertot are pay-able ordeliverablo to, or claimed by. nation-als of &edesignated enemy country, Germany.namely Adelbert Ehleben, also known w; Al-bert Ebleben, whose last known addre:3 IsBerlin, Germany, and, Kathe Engelke, vwh )olast known addre.s Is Berlin, Germany; and

Determining that-(3) If such nationals are persons not with-

Ing a desIgnatcd enemy country, the na-tional interest of the United States requiresthat such persons be treated an nationals ofa designated enemy country, Germany; andHaving made all detcrminations and 'takenall action, after apprcpriato comnultationand certification, required by raid EsxcutivoOrder or Act or otherwise, and deeming Itnecessary In the national interest,

Now, therefore, the Alien PropertyCustodian hereby vests the followingproperty and interests:

All right, title, ntr-st, and clalm of anykind or character rhatsoever of AdelbrtEhleben, also known as Albert Ebleben. andKathe Engelke in and to the estate ofDorothy Ehleben, also known as Dora Iehc-ben, also known as Dorothy McCau3hey andalso known as Dora McCauhey, deccased,

to be held, used, administered, liqui-dated, sold or otherwise dealt with Inthe interest of and for the benefit ofthe United States.

Such property and interests and anyor all of the proceeds thereof shall beheld in a special account pending fur-ther determination of the Alien Prop-erty Custodian. This shall not bedeemed to limit the powers of the AllenProperty Custodian to return such prop-

erty and interests or the proceeds there-of, or to indicate that compensation wilnot be paid in lieu thereof, Wand whenit should be determined that such returnshould be made or such compensationshould be paid.

Any person, except a national of adesignated enemy country, asserting anyclaim arIsing as a result of this ordermay file with the Allen Property Custo-dian a notice of his claim, together witha request for a hearing thereon, onForm APC-1, within one year from thedate hereof, or within such further timeas may be allowed by the Alien PropertyCustodian.

The terms "national" and "designatedenemy country" as used herein shallhave the meanings prescribed in section10 of said Executive Order.

Dated: November 18, 1942.

[sm] Lo T. CnowirxE,Alien'Propertzy Custodian.

IF. R. D c. 42-1235: Filed November 21,1242;10: 47 a. m.]

OFFICE OF PRICE ADMINISTRATION.N oRMSur RmnsM;G Co2W=

OrDUR GIrrING AD.TUSnTIX[Correction of Order 7 Under RPS 88]

Correction to Order No. 72 under§ 1340.156 (c) of Revised Price ScheduleNo. 88-Petroleum and Petroleum Prod-ucts.

The phrase "No. 5 fuel oir" whereverIt occurs in Order No. 7 under § 1340.153(c) of Revised Price Schedule No. 88, iscorrected to read "No. 6 fuel oil".

This correctiou shall be effective as ofNovember 4, 1942.(Pub. Laws 421 and 729, 7th Cong.; E.O.9250, 7 P.R. 7871)

Issued this 20th day of November 1942.Lxozr Hm.DE 0%,

Administrator.(F. R. Dc. 42-.2187; Filed, November 20, IS42;

3:41 p. m.]

[Order 14 Under I 1381.180 (el of LMP 161]WrimcLA 4zus Jom;soi LoGG G CoZAnY,

ET AL.oVEwTI- ADDI0Ins

Order No. 14 Under § 1381.160 (e) ofMaximum Price Regulation 161-WestCoast Logs.

Pursuant to the provisions of § 1331.-160 (e) of Maximum Price Regulation161-West Coast Logs, each of the fol-lowing persons has filed with the Officeof Price Administration, Washington,D. C., a certified statement that the fol-lowing hours per week are maintainedin Its logging operations. Therefore,under the authority vested in the PriceAdminstrator by the Emergency PriceControl Act of 1942, as amended, and Ex-ecutive Order No. 9250, and in accord-ance with § 1381.160 (e) of MaximumPrice Regulation 161, It is hereby or-dered:

17 F.R. 9061.

9759


(a) The following persons being on a48-hour week may add to the maximumprices of all logs produced by them $1.00per 1,000 ft., log scale:

Wirkkala and Johnson Logging Company,Naseile, Washington.

B. J. Shields Logging Company, Seaside,Oregon.

Prouty Logging Company, Warrenton,Oregon.

Owen J. McDonough, Tillamook, Oregon.The Booth-Xelly Lumber Co., Wendling

Division, Wendling, Oregon.Ross Logging Co., Grand Ronde, Oregon.Fagerness and Kehoe Logging Company,

Centralia, Washington.Larson Labiske Logging Co., Astoria, Ore-

gon.James R. Gleason, Satsop, Washington.Jalmer Berg, Glacier, Washington.Keiski & Silvola Logging Company, Naselle,

Washington.Pope & Talbot, Inc., Lumber Division, Puget

Sound Branch, Port Gamble, Washington.Ed Simon, & Company, Sultan, Washing-

ton. IBradley Lumber Company, Bradwood, Ore-

gon.

(b) The additions to maximum pricesspecified in paragraph (a) hereof may bemade subject to the condition that thepersons named comply with all provi-sions of § 1381.160 (e) of Maximum PriceRegulation 161.

(c) This Order No. 14 may be revokedor amended by the Price Administratorat any time by similar publication inthe FEDERAL REGISTER for change ofstatus of any of the persons named here-in as an overtime company.

(d) This Order No. 14 shall becomeeffective November 23, 1942.

Issued this 21st day of November, 1942.LEON HENDERSON,

Administrator.-


[Order 65 Under MPR 1881

EASTERN POTTERIES, INC.

ORDER GRANTING ADJUSTMENT

Order No. 65 under § 1499.161 of Max-imum Price Regulation No. 188-Manu-facturers' Maximum Prices for SpecifiedBuilding Materials and Consumers'Goods Other Than Apparel-Docket No.3136-50.

For the reasons set forth in an opinion,which has been issued simultaneouslyherewith, and under the authority vestedin the Price Administrator by the Effier-gency Price Control Act of 1942, asamended, and Executive Order No. 9250,and pursuant to § 1499.161 of MaximumPrice Regulation No. 188, as amended,It is ordered:

(a) Eastern Potteries, Inc., of 213Bunting Avenue, Trenton, New Jersey,may sell and deliver to the Long IslandRailroad Company, and the Long IslandRailroad Company may buy and receiverailroad hoppers from Eastern Potteries,Inc., at the unit price of $8.00,-f. o. b.Trenton, New Jersey.

(b) This Order No. 65 may be revokedor amended by the Price Administratorat any time.

(c) This Order No. 65 shall becomdeffective November 23, 1942.

Issued this 21st day of November 1942,LEON HENDERSON,

Administrator.

IF. R. Doc. 42-12266; Filed, November 21, 1942;12:36 p. m.]

SECURITIES AND EXCHANGE COMI-MISSION

[File No. 70-5551

* CENTRAL MAINE POWER CO., ET AL.

AIENDMENT OF ORDER GRANTING APPLICA-TIONS, ETC.

At a regular session'of the Securitiesand Exchange Commission, held at itsoffice in the City of Philadelphia, Penn-sylvania, on the 19th day of November1942.

In the matter of Central Maine PowerCompany, Cumberland County Powerand Light Company, New England In-dustries, Inc., and New England PublicService Company.

The Commission having on the 4thday of November, 1942 issued its Find-ings, Opinion and Order with respect toapplications and declarations thereto-fore filed by Central Maine Power Com-pany, Cumberland'County Power andLight Company, New England Industries,Inc., and New England Public ServiceCompany, granting the said applicationsand permitting said declarations to be-come effective subject to certain termsand conditions therein specified; and

It appearing to the Commission thatthe fifth condition of said Order shouldbe amended;

It is ordered, That said fifth conditionbe and the same hereby is amended toread as follows:

(5) That jurisdiction be and the samehereby is reserved, pursuant to Instruc-tion 8C to the Uniform System of Ac-counts for Public Utility Holding Com-panies to determine at what amount thenew securities of Central Maine beingacquired by New England Public ServiceCompany shall be recordd on the booksof New England Public Service Company.

B.V the Commission.[SEAL] ORVAL L. DuBoIs,

Secretary.[F. R. Doc. 42-12178; Filed, November 20,1942;

3:25 p. m.]

[File No. 70-316]KENTucKY POWER AND LIGHT COMUPANY

ORDER PERMITTING WITHDRAWAL OFAPPLICATION

At a regular session of the Securitiesand Exchange Commission, held at itsoffice in the City of Philadelphia, Pa.,on the 17th day of November, A. D. 1942.

Kentucky Power & Light Company, asubsidiary of United Publo Service Cor-poration, a registered holding company,having on the 6th day of May 1941 filed adeclaration pursuant to the Public Util-ity Holding Company Act of 1935 regard-ing the issuance and sale of $1,200,000principal amount of its First MortgageBonds; and

Kentucky Power & Light Company sub-sequent to the filing of such applicationhaving disposed of all of Its assets; and

An application having been filed forleave to withdraw such declaration andthe Commission finding that the grant-ing of such application will not be detri-mental to the public Interest or the Inter-est of investors or consumers,

It is ordered, That such declaration bewithdrawn.

By the Commission.[SEAL] ORVAL L. DuBois,

Secretary.IF. R. Doc. 42-12176; Filed, November 20, 1842;

3:25 p. m.]

[File No. 52-20]

0. M. MULL AND JOHN W. PERRYORDER GRANTING APPLICATION, ETC,

In the matter of 0. M. Mull and JohnW. Perry, Trustees, Northwest CarolinaUtilities, Incorporated.

At a regular session of the Securitiesand Exchange Commission, held at itsoffice in the City of Philadelphia, Penn-sylvania, on the 19th day of November,A. D. 1942.

0. M. Mull and John W. Perry, Trus-tees of Northwest Carolina Utilities, In-corporated, a subsidiary company of EastCoast Public Service Company, which isa registered holding company, appointedby the District Court of the UnitedStates for the Western District of NorthCarolina, having filed with this Commis-sion an application and amendmentsthereto under section 11 (f) of the PublicUtility Holding Company Act of 1935whereby approval Is sought of a planof reorganization of Northwest Carolina

'Utilities, Incorporated, such plan provid-ing in effect, for the sale, for cash, of allthe assets of said subsidiary companyand the distribution of the proceeds ofsuch sales to the lalmants of the assetsof said subsidiary company In the orderof their respective legal rights;

A public hearing having been heldupon said application, as amended, afterappropriate notice and the Commissionhaving examined the record and madeits findings herein;

It is ordered, That said plan of reor-ganization, as amended, be, and the samehereby is, approved, and the said appli-cation, as amended, of.said 0. M. Mulland John W, Perry, Trustees, be andthe same is hereby granted, subject, ho%'V-ever, to the terms and conditions pre-scribed in Rule U-24 of the General Rulesand Regulations promulgated under thePublic Utility Holding Company Act of1935.


Secretary.[F. R. Doc. 42-121771 Filed, November 20, 1042;

3:26'p. m.1

[File Nos. 54-45, 60-481SOUTHERN UNION GAS CO., ET AL

APPROVAL OF APPLICATIONAt a regular session of the Securities

and Exchange Commission, held at itsoffice in the City of Philadelphia, Penn-,

9760

FEDERAL REGISTER, Tuesday, November 21, 19-12

sylvania, on the 16th day of November,A. D. 1942.

In the matter of Southern Union GasCompany, Arkansas Western Gas Com-pany, New Mexico Gas Company, NewMexico Eastern Gas Company, TexasSouthwestern Gas Company, QuanahWater Company and Southern UnionProduction Company, File No. 54-45; inthe matter of Southern Union Gas Com-pany, Arkansas Western Gas Company,New Mexico Gas Company, New MexicoEastern Gas Company, Texas South-western Gas Company, Quanah WaterCompany, Southern Union ProductionCompany, Angels Peak Oil Company,Congress Oil Company and Summit OilCompany, File No. 59-48.

Southern Union Gas Company, a reg-istered holding company, and its princi-pal subsidiary companies, ArkansasWestern Gas Company, New Mexico GasCompany, NewMexico Eastern Gas Com-pany, Texas Southwestern Gas Company,Quanah Water -Company and SouthernUnion Production Company, having filedapplications and d e c l a r a t i o n s andamendments thereto, pursuant to section11 (e) and other sections of the PublicUtility Holding Company Act of 1935, andthe Rules and Regulations of this Com-mission promulgated thereunder, where-by said applicants request approval of aplan submitted pursuant to said section11 (e) and authorization for certain par-ticular transactions, constituting com-ponent parts of such plan, and actionsincidental thereto, including amongother things a merger of said SouthernUnion Gas Company, New Mexico GasCompany, New Mexico Eastern Gas Com-pany and Texas Southwestern Gas Com-pany and in connection with suchproposed merger intra-system sales andacquisitions of certain properties andsecurities, the liquidation of certain sub-sidiary companies, and the refinancing of

'the principal surviving operating com-pany, Texas Southwestern Gas Com-pany; and

The Commission having, on June 4,1942, by notice and order for hearingissued in combination with its notice andorder for hearing on the plan filed pur-suant to section 11 (e) of the Act, insti-tuted proceedings under sections 11 (b)(1) and 11 b) (2) of the Act againstSouthern Union Gas Company and itssubsidiaries to determine what actionshall be 1equired to be taken under saidSections' and

The Commission having granted theapplications, as amended, and havingpermitted the declarations, as amended,to become effective subject, however, tocertain conditions including the termsand conditions prescribed in Rule U-24and approval by the Commission of thedefinitive indentures securing Twenty-Year Sinking Fund First Mortgage 331%Bonds and Twenty-five Year SinkingFund 6% Debentures to be issued andsold by Texas Southwestern Gas Com-pany; and

The said applications having beenamended subsequent to the Commis-sion's order hereinabove referred to bythe filing of definitive indentures for theabove-mentioned bonds and debentures;and

It appearing to the Commission thatprovisions of said definitive indenturesare in accord with the provisions de-scribed in the Commission's findings andopinion in connection with Its orderhereinabove referred to and that the In-dentures are not of such a nature as tomake it 4pproprlate to impose any termsor conditions other than as specified InRule U-24; and

The applicants having requested thatthe said conditions be modified to theextent necessary to extend the time with-in which the transactions as set forth inthe applications and declarations asamended may be performed to December31, 1942;

It is ordered, That said applications,,as amended, with respect to the issuanceand sale by Texas Southwestern GasCompany of Twenty-Year Sinking FundFirst Mortgage 3M% Bonds and Twenty-five Year 6% Sinking Fund Debenture,be and hereby are approved subject tothe terms and conditions prescribed byRule U-24 and subject to the conditionsand reservations set forth in the pre-vious order referred to hereinaboveexcept as to that condition relativeto approval of the definitive indentures,which condition has now been satisfied;

it is further ordered, That notwith-standing the provisions of Rule U-24 (c)(1) the time within which the transac-tions approved and cpermitted by theorder of September 19, 1942, may be per-formed is hereby extended to December31, 1942.

By the Commision.[sEAL] ORvAL L. DuBoIs,

Secretary.

[F. R. Dcc. 42-12174; Filed,November 20, 1942;3:25 p.m.]

[File No. 70-1151UzrED PUBLIc SwavxcE ConvonuTio:

ORDER PERM=IG %IHRAWAL OPAPPLICATION

At a regular session of the Securitiesand Exchange Commission held at Itsoffice in the City of Philadelphia. Pa.,on the 17th day of November, A. D. 1942.

United Publ" Service Corporation, aregistered holding company under thePublic Utility Holding Company Act of1935, having on July 17. 1940, filed anapplication pursuant to said Act andRules and Regulations thereunder re-garding its acquisition of not to exceed$100,000 principal amount of First Mort-gage 5y% Gold Bonds of MaysvillePublic Service Corporation (KentuckyPower & Light Company by change ofname), then a subsidiary company ofUnited Public Service Corporation; and

All of the outstanding bonds of- suchsubsidiary company having been retiredsubsequent to the filing of such applica-tion; and

United Public Service Corporation hav-ing now requested that the Commissionpermit the withdrawal of such applica-tion; and

The Commission finding that suchwithdrawal will not be detrimental tothe public Interest or the interest ofinvestors or consumers:

It is ordered, That such application bewithdrawn.

By the Commission.[sA 3 ORvAL . DuBois,

Secretary.

[P.R. DaL.42-12175; Filed,N ovember 20,1942;3:25 p. m.]

[File No. 70-371PoToMAC ELxEcrTxc Pow CO=PN.

SUPPLRURTAL ORDER rLEaSG JURIS-DICTION

At a regular session of the Securitiesand Exchange Commission held at itsoffice In the City of Philadelphia, Pa., onthe 19th day of November, A. D. 1942.

The Commission having heretofore onAugust 26, 1942 issued an order grantingthe application as amended of PotomacElectric Powear Company, pursuant tosection 6 (b) of the Public Utility HoldingCompany Act of 1935 for exemption fromthe provisions of section 6 (a) of saidAct of the issuance and sale of $5,000,000principal amount of First MortgageBonds 34 % Series due 1977; and

It appearing that at the hearing onsaid application applicant made the fol-lowing representation:

That It will on or bafore December 31, 1942execute rn indenture supplemental to itsMortgage and Dled of Trust dated July 1,1930. between the company and the RiggsNational Bankc of WV~asington. D. C. as truz-tee, pursuant to which the company willagree not to apply at any time thereafter forthe authentication of additional bonds un-der such indenture, upon tha basis of netbondable value of property additions in ana --rcgate principal amount in excess of 60per cent of the net bondable value of prop-crty addltions available thereafter at suchtime;

andThe Commission having reserved ju-

risdiction pursuant to the provisions ofRule U-24 (c) (3) (A) to pass upon theterms of the said supplemental inden-ture; and

It appearing that the applicant onNovember 14, 1942 amended the applica-tion after Its effective date by filing asan exhibit thereto a Supplemental In-denture to be dated October 15, 1942 andthat such proposed Supplemental Inden-ture Is in accordance with the represen-tation of the applicant previously made;

It is ordered, That jurisdiction here-tofore reserved by the aforesaid order ofAugust 26, 1942 in accordance with theprovisions of Rule U-24 be and the samehereby Is released.

By the Commission[sEAL] ORvAL L. DUBoIs,

Secretary.

IP. R. Doc. 42-12242; Filed November 21,1942;11:32 a. m.]

[File No. 1-1831

GEORGIAN INCO PoRATED

vIa nAVAL OF SECURIS F11o7- EGIST-ION

At a regular session of the Securitiesand Exchange Commission, held at its

9-761


office in the City of Philadelphia, Pa., onthe 20th day of November, A. D. 1942.

In the matter of the Georgian Incor-porated eight percent cumulative ClassA Preference Stock, $20 par value.

This proceeding having been institutedby the Commission pursuant to section19 (a) (2) of the Securities ExchangeAct of 1934 as amended, to determinewhether the registration under the saidAct of the eight percent cumulative ClassA preference stock, $20 par value, of TheGeorgian Incorporated listed on the Bos-ton Stock Exchange should be suspendedfor a period not exceeding 12 months orwithdrawn,

A hearing having been held before atrial examiner after appropriate noticeto the registrant and the Boston StockExchange by registered mail, and afterpublication of notice in the FmmAL REaG-ISTER, and the trial examiner having filedan advisory report, finding that the reg-istrant has failed to cbmply with theprovisions of section -13 of the Act andRules X-13A-1 and X-13A-2 promul-gated pursuant thereto in that it hasfailed to file its annual report on. Form10-K for the fiscal year ending Decem-ber 31, 1941, no exceptions to the trial ex-aminer's report having been filed by TheGeorgian Corporation, the Boston StockExchange or any holder of the stock,and upon an independenb reading of therecord the Commission having adoptedthe trial examiner's findings as being inaccord with the evidence, and findingthat it is necessary and appropriate forthe protection of investors to withdrawthe said eight percent cumulative ClassA preference stock, $20 par value, fromregistration,

It is ordered, That the registration ofthe said eight percent cumulative ClassA preference stock, $20 par- value, ofThe *Georgian Incorporated be, and thesame hereby is, withdrawn effective tendays after the date of this order.

By the Commission.[SEAL] ORvAL L. DuBois,

Secretary.

[F. R. Doc. 42-12243; Filed, November 21, 1942;11:82 a. m.]

[File No. 1-1309]

M -WEsTrEx OIL COMPANY

ORDER GRANTING APPLICATION TO STREFROM LISTING AND REGISTRATION

At a regular session of the Securitiesand Exchange Commission, held at itsoffice in the City of Washington, D. C.,on the 18th day of November, A. D.194.

In the matter of MVid-Western OilCompany-5 Par Value Common Stock,

The Los Angeles Stock Exchange pur-suant to section 12 (d) of the SecuritiesExchange Act of 1934 and Rule X-12D?-(b) promulgated thereunder; h a v i n gmade application, to strike from listingand registration the 5¢ Par Value Com-mon Stock of Mid-Western Oil Company;and

Aftei, appropriate notice, a hearinghaving been held in this matter; and

The Commission having consideredsaid application together with the evi-

dence introduced at said hearing, andhaving due regard for the public interestand the protection of investors;

It is ordered, That said application beand the same is hereby granted, effectiveat the close of the trading session onNovember 28, 1942.


Secretary.

IF. R. Doe. 42-12244; Filed, November 21, 1942;11:32 a. m.]

[File-No. 70-62]

HOLBROoK LIGHT AND POWER CO. ANDSOUTWESTRN ICE Co.

NOTICE REGARDING rLNGAt a regular session of the Securities

and Exchange Commission held at itsoffice in the City of Philadelphia, Penn-sylvania, on the 19th day of November,A. D. 1942.

Notice is hereby given that declara-tions or applications (or both) have beenfiled with this Commission by The Hol-brook Light and Power Company andSouthwestern Ice Company, both beingdirect subsidiaries of Southwestern Pub-lic Service Company, which is a registeredholding company; and- Notice is further given that any inter-ested person mayfnot later than Decem-ber 5, 1942 at 5:3-p. in., E. W. T., re-quest the Commission in writing that ahearing be held on such matter, statingthe reas ns for such request and the na-ture of his interest, or may request thathe be notified if the Commission shouldorder a hearing thereon. At any timethereafter such declarations or applica-tions, as filed or as amended, may be-come effective or may be granted, as pro-vided in Rule U-23 of the Rules and Reg-ulations promulgated pursuant to saidAct oi the Commission may exempt suchtransaction as provided in Rules U-20(a) and U,10 thereof. Any such re-quest should be addressed: Secretary, Se-curities and Exchange Commission, Phil-adelphia, Pennsylvania.

All interested persons are referred tosaid declarations or applications whichare on file in the office of said Commis-sion for a statement of the transactionstherein proposed, which are summarizedas follows:

The Holbrook Light and Power Com-pany and the Southwestern Ice, Com-pany having sold their property and as-sets (except cash, accounts receivable,merchandise inventory and prepaiditems) to the- Town of Holbrook, Ari-zona, a municipal corporation, for thefollowing amounts of cash respectively,$86,938.59 in the case of The HolbrookLight and Power Company, and $3,700.00in the case of the Southwestern IceCompany, subject to certain adjust-ments, each proposes as rapidly as pos-sible to pay to Southwestern PublicService Company as its sole stockholder(there being no securities of either com-pany outstanding except C o m m o nStock) a dividend or dividends in com-plete liquidation and to dissolve.

The Companies propose to convertInto cash their assets (other than cash)

not sold and out of such funds and theproceeds of such sales to pay all knownliabilities other than accrued Federaltaxes. Southwestern Public ServiceCompany will assume-all liabilities of thetwo companies after payment by them ofall known liabilities as aforesaid, the lia.bilities so assumed consisting of accruedFederal taxes and consumers depositsthen unclaimed.

The Southwestern Public ServiceCompany proposes in accordance withprovisions of section 7 of Article Secondof its Indenture to Boatmen's NationalBank of Saint Louis securing its SerialNotes, to apply the amounts receivedfrom The Holbrook Light and PowerCompany and the Southwestern IceCompany from time to time as such liq-uidating dividends, to retire its out-standing Serial Notes by purchase or re-demption, such purchases being allegedto be exempt under Rules U-42 (b) (4)and (5), and such redemption (if any)being alleged to be exempt under RuloU-42 (b) (2).

By the Commission.[SEAL) ORVAL L. DuBois,

Secretary.IF. R. Dc. 42-12245; Filed, November 21,1943,1

11:32 a. m.]

[File 70-6281

NORTH AMERICAN COIPANY

NOTICE OF FILING

At a regular session of the Securitiesand Exchange Commission, held at itsoffice in the City of Philadelphia, Pa.,on the 20th day of November, A. D. 1942.

Notice is hereby given that an applica-tion or declaration (or both) has beenfiled with this Commission pursuant tothe Public Utility Holding Company Actof 1935 by The North American Com'pany.

Notice is hereby given that any inter-ested party may, not later than November 28, 1942, at one o'clock p. in., E. W. T,,request the Commission in Writing thata hearing be held on such matter, stat-ing the reasons for such, request andthe nature of his interest, or may re-quest that he be notified if the Commis-sion should order a hearing thereon.

,At any time thereafter such declarationor application, as filed or as amended,may become effective or may be granted,as pro~ided in Rule U-23 of the Rulesand Regulations promulgated pursuantto-said Act. Any such request shouldbe addressed: Secretary, Securities andExchange Commission, 18th and LocustStreets, Philadelphia, Pa.

All interested parties are referred tosaid declaration or application, which ison file in the office of said Commission,for a statement of the transactiontherein proposed, which is summarizedbelow:

The declarant, The North AmericanCompany, a registered holding company,proposes to pay on 'December 30, 1942,a dividend to its holders of common stocIl

9762

FEDERAL RECISTER, Tuesday, November 21, 1912

of record on December 5,1942. Such div-idend will be payable in the capital stockof The Detroit Edison Company, ownedby declarant at the rate of one share ofcapital stock of The Detroit Edison Com-pany on each fifty shares of commonstock of the declarant outstanding. Nocertifi~ates-will be issued for fractions ofshares of stock of The Detroit EdisonCompany, but, in lieu thereof, cash willbe paid at the rate of 35 cents for each:oth of a share of stock of The DetroitEdison Company. The declarant esti-mates that to pay the above mentioneddividend, it will have to distribute notmore than 156,000 shares of the 297,894shares of the capital stock of The De-troit Edison Company owned by it; thatthe amount of cash to be distributed inlieu of fractional shares of such capitalstock will not exceed $325,000; and thepayment of this dividend will result in acharge to earned surplus of approxi-mately $4,100,000.


Secretary.

[P. R. Doe. 42-12274; Filed, November 23,1942;10:21 a. m.]

WAR PROIUCTION BOARD.TENNSSEE VALLEY A=osr=

REVOCATION OF PREFERENCE RATINGPreference Rating Order P-19a, Serial

No. 16-A. Builder: Tennessee ValleyAuthority, Knoxville, Tennessee.

The fulfillment of requirements for thedefense of the United States has createda shortage in the supply of metals, lum-ber and other materials used in con-struction, for -defense, for private ac-count and for export, and of constructionmachinery and other facilities used inconstruction; and the following order is.deemed necessary and appropriate in thepublic interest and to promote the na-tional defense.

It is therefore ordered: 1. Revocationof project ratings. Preference RatingOrder P-19a, Serial No. 16-A, heretoforeissued and assigned under date of July24, 1941, to deliveries to the above-namedbuilder and to deliveries to his suppliers,is hereby revoked, insofar as it appliesto the following described part. of theDefense Project described and defined insaid serially numbered order (which partis hereinafter referred to as "the proj-ect") :

In Item 2 of Serial 16-A, #4 SteamTurbine Generator Unit of- Watts BarSteam Plant rated 60,000 kw. togetherwith boilers, auxiliaries, connections,equipment and structures not necessaryto deliver the power of Unit No. 3 (whichis to be completed) to the main trans-mission s-stem.

In Item 6 of Serial 16-A, all addi-tional hydrogenerating units after thefirst and second units as provided for andas amended and issued July 29, 1942, re-lating to Item 6, Ft. Laudoun develop-ment and any connections, auxiliaries,equipment or structures not necessary to

deliver the power of units" i1 and #2to the main transmLiion YstE.

In Item 7 of Serial'16-A, all trans-mission facilities except those nece:7aryto connect the hydrogenerating equip-ment provided for in Items 1, 3, 4, and 5of Serial 16-A to the main transmissionsystem.

2. Revocation of other ratings. Allpreference rating certificates of anycharacter heretofore issued to the build-er or to any ot his suppliers are herebyrevoked, insofar as they apply to pur-chase orders or contracts for materials tobe incorporated in or used upon theproject.

3. Effect of revocation. This revoca-tibn shall apply to ratings heretofore ap-plied and extended as well as to ratingswhich have not yet been applied or ex-tended, except with respect to rated or-ders and contracts which have beenfilled completely. For the purpose of ex-tension by suppliers, as well as for thepurpose of original application by thebuilder of any such rating, all pur-chase orders and contracts so rated, ex-cept orders or contracts which have beencompletely filled, shall have the status ofunrated orders or contracts.

4. Prohibition of construction. Thebuilder shall neither perform nor permitthe performance of any further construc-tion or installation on the project, eiceptthat for a period of thirty days afterthe issuance of this revocation, andthereafter if expressly permitted by theDirector General for Op~erations, con-struction may be continued solely forpurposes of safety or health or to avoidundue damage to or deterioration of ma-terials.

& Prohibition of deliveries of material.Effective immediately the builder and allsuppliers shall cease delivering or ac-cepting delivery of any materials to beused in connection with the constructionof or any installation on the project.This paragraph shall not, however, pro-hibit the delivery to their Immediate des-tination of any materials which are nowin transit, or the acceptance of any suchdelivery.

6. Notice to suppliers. The buildershall promptly advise its suppliers of theterms of this order, and each -uppHershall in turn notify his suppliers.

7. Application for exception. Thebuilder or any supplier who considersthat compliance with this order wouldwork an exceptional and unreasonablehardship upon him may apply to the DI-rector General for Operations for an ex-ception, setting forth the pertinent factsand the reasons why he considers he isentiled to the relief requested. The Di-rector General for Operations may there-upon take such action as he deems ap-propriate, including the restoration ortemporary restoration of any ratingherein revoked.

8. Effect on prior orders. This ordersupersedes all previous orders and direc-tives of the War Production Board rela-tive to the project.

9. Communications. All communica-tions concerning this revocation, includ-ing applications for exception under par-agraph 7, shall be addressed to the War

Production Board, Ref: P-19, Washing-ton, D. C.

Issued this 21st day of November 1942.Ers= KAxzLEr,


[FR.E. Dz. 42-1225,0; Flied, November 21,1942;12:21 p. m.]

T=nn.nEs Vat= Aumoanr1EVocAToN or Pr, F, ICE RATING

Preference Rating Order P-19a, SerialNo. 148-A. Builder: Tennessee ValleyAuthority, Knoxville, Tennessee.

The fulfillment of requirements forthe defense of the United States hascreated a shortage in the supply ofmetals, lumber and other materials usedin construction, for defense, for privateaccount and for export, and of construc-tion machinery and other facilities usedin construction; and the following orderIs deemed necessary and appropriate inthe public Interest and to promote thenational defense.

It is therefore ordered: 1. Revocationof project ratings. Preference RatingOrder P-19a, Serial No. 148-A, heretoforeIssued and assigned under date of August6, 1941, to deliveries to the above namedbuilder and to deliveries to his suppliers,Is hereby revoked, Insofar as it appliesto the following described part of thedefense project described and defined insaid serially numbered order (whichpart is hereinafter referred to as "theproject"):

(1) Hydro generating Unit 14(2) Hydro generating Unit #5(3) Parts of hydro Unit #3 not em-

bedded In the concrete structure andprovided for in the amendment of SerialNo. 148-A Issued August 3, 1942.

(4) Connections, auxiliaries, and struc-tural parts not needed to deliver thepower of Units 1 and #'-2 to the load.

(5) That part of the transmission linenot'requred for Unt #1 and t2.

2. Revocation of other ratings. Allpreference rating- certificates of anycharacter heretofore issued to the builderor to any of his suppliers are hereby re-voked, insofar as they apply to purchaseorders or contracts for materials to baincorporated in or used upoi the project.

3. Effect of revocation. This revoca-tion shall apply to ratings heretoforeapplied and extended as well as to rat-Ings which have not yet been appliedor extended, except with respect to ratedorders and contracts which have beenfilled completely. For the purpose of ex-tension by suppliers, as well as for thepurpose of original application by thebuilder of any such rating, all purchasaorders and contracts so rated, exceptorders or contracts which have been corn-plelely filled, shall have the status ofunrated orders or contracts.

4. Prohibition of construction. Thebuilder shall neither perform nor per-mit the performance of any further con-structlon or Installation on the project,except that for a period of thirty daysafter the Issuance of this revocation, andthereafter If expressly permitted by theDirector General for Operations, con-

9763


struction may be continued solely forpurposes of safety or health or to avoidundue damage to or deterioration ofmaterials.

5. Prohibition of deliveries of ma-terial, Effective immediately the builderand all suppliers-shall cease delivering oraccepting delivery of any materials to b'eused in connection with the constructionof or any installation on the projectThis paragraph shall not, however, pro-hibit the delivery to their immediate des-tination of any materials which are nowIn transit, or the acceptance of any suchdelivery.

6. Notice to, suppliers. The buildershall promptly advise its suppliers ofthe terms of this order, -and each sup-plier shall in turn notify his suppliers.

7. Application for e x c e p t i o n. Thebuilder or any supplier who considersthat compliance with this order wouldwork an exceptional and unreasonablehardship upon him may apply to the Di-rector General for Operations for an ex-ception, setting forth the pertinent factsand the reasons why he considers he isentitled to the relief requested. TheDirector General for Operations maythereupon take such action as he deemsappropriate, including the restoration ortemporary restoration of axiy ratingherein revoked.

8. Effect on prior orders." This ordersupersedes all previous orders and direc-tives of the War Production Board rela-tive to the project. I -

9. Communications. All communica-tions concerning this revocation, includ-ing applications lor exception under par-agraph 7, shall be addressed to the WarProduction Board, Ref: P-19, Washing-ton, D. C.

Issued this 21st day of November 1942,ERNEST IANZLER,

Director General for Operations.IF. R. Doc. 42-12249; Filed, November 21; 1942;

12:21 p. m.]

TENNESSEE VALLEY AUTHORITY

REVOCATION OF PREFERENCE RATING

Preference Rating Order P-19-A, Se-rial No. 5678A. Builder: Tennessee ValleyAuthority, Knoxville, Tennessee. Proj-ect: Defense Project described and de-fined In Preference Rating Order P-19-A,Serial No. 5678A.

The fulfillment of requirements for thedefense of the United States has createda shortage in the supply of metals, lum.-ber and other n~aterials used in con-struction, for defense, for private ac-count and for export, and of constructionmachinery and other facilities useC inconstruction; and the following order isdeemed necessary and appropriate in thepublic interest and to promote the na-tional defense.

It is therefore ordered:1. Revodation of ratings. Preference

Rating Order P-19-A Serial No. 5678A,heretofore issued and assigned underdate of February 21, 1942 to deliveriesto the above-named builder and to de-liveries to his suppliers, is hereby re-

voked. All prbference rating certificatesof any character heretofore issued to thebuilder or to any of his suppliers arehereby revoked, insofar as they applyto purchase orders or contracts for ma-terials to be incorporated in or usedupon the above project described (here-inafter referred to hs "the project").

2. Effect of revocation. This revoca-tion shall apply to ratings heretoforeapplied and extended as well as to rat-ings which have not yet- been appliedor'extended, except with respect to ratedorders and contracts which have beenfilled completely,. For the purpose of ex-tensi6n by suppliers, as well as for thepurpose of original application by thebuilder of any such rating, all purchaseorders and contracts so rated, except or-ders or contracts which have been com-pletely filled, shall have the status ofunrated 6rders or contracts.

3. Prohibition of construction. Thebuilder shall neither perform nor permitthe performance of any further construc-

-tion or installation on the project, exceptthat for a period of thirty'days after'the"issuance of this revocation; and there-after if expressly permitted by the Di-rector General for Operations, construc-tion may be continued solely for pur-oposes of safety or health- or to avoidundue damage to or deterioration ofmatefials.

4. Prohibition of deliveries of material.Neither the builder nor any supplier,shall deliver or accept delivery of anyfurther materials to be used in connec-tion with the construction of or any in-stallation on the project. This para-graph shall not, however, prohibit thedelivery to their immediate destinationof any materials which are now intransit, or the acceptance of any subhdelivery.

5. Report& The builder shall file withthe War Production Board, MaterialsRedistribution Branch, such reports asmay be required by the Director Generalfor Operations.

6. Notice to suppliers. The buildershall promptly advise its suppliers of theterms of this order, and each suppliershall in turn notify his suppliers.

7. ApplicatiOn for exception. Thebuilder or any supplier .who considers thatcompliance with this order would workan exceptional and unreasonable hard-ship upon him may apply to the DirectorGeneral for Operations for an exception,setting forth the pertinent facts and thereasons why he considers he is entitledto the relief requested. The DirectorGeneral for Operations may thereupontake such action as he deems appropri-ate, including the restoration or tem-porary restoration of any rating hereinrevoked. Applications for exception un-der this paragraph shall be addressed tothe War Production Board, Ref. P-19,Washington, D. C.

8. Effect on prior orders. This ordersupersedes all previous orders and direc-tives of the War Production Board rela-tive to the project.

9. Communications. Communicationsconcerning this revocation shall be ad-dressed to the War Production Board,Ref. P-19, Washington, D. C.

Issued November 21, 1942,ERNEST KANzLER,


[F. R. Doc. 42-12248; Filed, Noveomber 21,1042;12:21 p. in.]

RECOMUMENDATION OF PETROLEUMI COOnDI-NATOR FOR WAR

[Certificate No, 22]THE ATTORNEY GENERAL: Pursuant to

the provisions of section 12 of Public LawNo. 603, approved June 11, 1942,,I submitRecommendation No. 61 1 of the Petro-leum Coordinator for War.

I hereby approve said Recommendationfor the purposes of section 12 of PublicLaw No. 603, approved June 11, 1942, andafter consultation with you, I hereby findand so certify to you that the doing ofany act or thing, or the omission to doany act or thing, by any person in com-pliance with such Recommendation, isrequisite to the prosecution of the war,

DONALD M. NELSON,Chairman,

NOVEMiBER 20, 1942.

[F. R. Doc. 42-12282; Filed, November 23, 1942;11:14 a. i.]

TENNESSEE VALLEY AuTHORITY

REVOCATION OF PREFERENCE RATX14

Preference Rating Order P-19a, SerialNo. 6898. Builder: Tennessee Valley AU-,thority, Knoxville, Tennessee.

The fulfillment of requirements forthe defense of the United States has cre-ated a shortage in the supply of metals,lumber and other materials used in con-struction, for defense, for private accountand for export, and of construction ma-chinery and other facilities used In con-struction; and the following order isdeemed necessary and appropriate in thepublic interest and to promote the na-tional defense: It is therefore ordered:

1. Revocation of Project ratngs, Pref-erence Rating Order F-19a, Serial No,6898, heretofore issued and assigned un-der date of February 9, 1942, to deliveriesto the above-named builder, and to de-liveries to his Suppliers, is hereby re-voked, insofar as it applies to the follow-ing described part of the Defense projectdescribed and defined In said seriallynumbered order (which part Is herein-after rjeferred to as "the project") :

(1) All additional hydro generatingunits after the first and second units pro-vided for in Serial No. 6898 as amendedJuly 30, 1942.

(2) All connections, auxiliaries, equip-ment, and-structures not required to deliver the power generated by Units No.1 and No. 2 to the main transmission sys-tem.

2. Revocation o1 other ratings. Allpreference rating 'certiflcates of anycharacter heretofore issued to thebuilder or to any of his Suppliers arehereby revoked, insofar as they apply topurchase orddrs or contracts for mate-

A Supra.

9764


rials to be incorporated in or used uponthe project.

3. Effect of revocation. This revoca-tion shall apply to ratings heretofore ap-plied and extended as well as to ratingswhich have not yet been applied or ex-tended, except with respect to ratedorders and contracts which have beenfilled completely. For the purpose ofextension by suppliers, as well as for thepurpose of original application by thebuilder of any such rating, all purchaseorders and contracts so rated, exceptorders or contracts which have beencompletely filled, shall have the status ofunrated orders or contracts.

4. Prohibiiion of construction. Thebuilder shall neither perform nor permitthe performance of any further construc-tion or installation on the project, exceptthat for a period of thirty days after theissuance of this revocation, and there-after if expressly permitted by the Direc-tor General for Operations, construction,may be continued solely for purposes ofsafety or health or to avoid undue dam-age to or deterioration of materials.

5. Prohibition of deliveries of mate-rial. Effective immediately the builderand all suppliers shall cease deliveringor accepting delivery of any materials tobe used in connection with the construc-tion of or any Installation on the project.This paragraph shall not, however, pro-hibit the delivery to their immediate des-tination of any materials which are nowin transit, or the acceptance of any suchdelivery.

6. Notice to suppliers. The buildershall promptly advise Its suppliers of theterms of this order, and each suppliershall in turn notify his suppliers.

7. Application for exception. Thebuilder or any supplier who considersthat compliance with this order wouldwork an exceptional and unreasonablehardship upon him may apply to theDirector General for Operations for anexception, setting forth the pertinentfacts and the reasons why he considershe is entitled to the relief requested.The Director General for Operationsmay thereupon take such action as he

deems appropriate, including the res-toration or temporary restoration of anyrating herein revoked.

8. Effect on prior orders. This ordersupersedes all previous orders and di-orectives of the War Production Boardrelative to the project.

9. Communications. All communica-tions concerning this revocation, Includ-ing applications for exception underparagraph 7, shall be addressed to theWar Production Board, Ref: P-19, Wash-ington, D. C.(P.D. Reg. 1, as amended, 6 FR. 6630;W.P.B. Reg. 1, 7 P. 561; E.O. 9024, 7F.R. 329; E.O. 9040,7 PR. 527; E.O. 9125,7 FPR. 2719; sec- 2 (a), Pub. Law 671,76th Cong., as amended by Pub. Laws89 and 507, 77th Cong.)

Issued this 23rd day of November 1942.E =tsr KMIZL=a,

Director General for Operations.JP.R. Dc. 42-12237; F led, November 23,1942;

1 11:33 a. M.]

9765

Federal Register: 7 Fed. Reg. 9647 (Nov. 24, 1942). - Loc

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