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AUTHENTICATED 




FEDERAL' 



REGISTER 


VOLUME 9 


1934 

4 United ^ 


NUMBER 27 


Washington, Tuesday, February 8, 1944 


The President 


EXECUTIVE ORDER 9419 
Bronze Star Medal 

By virtue of the authority vested in me 
as President of the United States and as 
Commander in Chief of the Army and 
Navy of the United States, it is hereby 
ordered as follows: 

There is hereby established the Bronze 
Star Medal, with accompanying ribbons 
and appurtenances, for award to any 
person who, while serving in any capacity 
in or with the Army, Navy, Marine Corps, 
or Coast Guard of the United States on 
or after December 7, 1941, distinguishes, 
or has distinguished, himself by heroic 
or meritorious achievement or service, 
not involving participation in aerial 
flight, in connection with military or 
naval operations against an enemy of the 
United States. 

The Bronze Star Medal and appurte¬ 
nances thereto shall be of appropriate 
design approved by the Secretary of War 
and the Secretary of the Navy, and may 
be awarded by the Secretary of War, or 
the Secretary of the Navy, or by such 
commanding officers of the Army, Navy, 
Marine Corps, or Coast Guard as the said 
Secretaries may respectively designate. 
Awards shall be made under such regula¬ 
tions as the said Secretaries shall sev¬ 
erally prescribe, and such regulations 
shall, so far as practicable, be of uniform 
application. 

No more than one Bronze Star Medal 
shall be awarded to any one person, but 
for each succeeding heroic or meritorious 
achievement or service justifying such an 
award a suitable device may be awarded 
to be worn with the medal as prescribed 
by appropriate regulations. The Bronze 
Star Medal or device may be awarded 
posthumously, and, when so awarded, 
may be presented to such representative 
of the deceased as may be designated in 
the award. 

Franklin D Roosevelt 

The White House, 

February 4,1944 

IF. R. Doc. 44-1752; Filed, February 5 , 1944; 

10:15 a. m.] 


Regulations 


TITLE 7—AGRICULTURE 

Chapter I—War Food Administration 
(Standards, Inspections, Marketing 
Practices) 

Part 33— Export Apple and Pear 
Regulations 

Pursuant to the provisions of the Ex¬ 
port Apple and Pear Act, approved June 
10, 1933 (48 Stat. 123; 7 U. S. C. 581 et 
seq.) t and by virtue of the authority 
vested in the War Food Administrator, 
the following revision of Title 7, Chapter 
I, Part 33, Code of Federal Regulations, 
as amended (7 CFR, and Cum. Supp., 
33.1-33.17), is promulgated: 

DKnNITIONS 

Sec. 

33.1 Meaning of words. 

33.2 Definitions. 

ADMINISTRATION 

33.3 Chief of Branch. 

MISCELLANEOUS 

33.4 Inspection service. 

33.5 Form of certificate. 

33.6 Analysis; certificate. 

33.7 Delivery of certificate, 

33.8 Requirements for shipments. 

33.9 Method of inspection and certification. 

33.10 Noncertiflcated shipments: handling. 

33.11 Special certificates. 

33.12 Issuance of certificate; requirements. 

33.13 Minimum quality requirements for 

shipments in export. 

33.14 Packing and marking requirements for 

shipments in export. 

33.15 Fee for certificate. 

33.16 Complaint, notice, hearing, and order. 

33.17 8ervlce of notice or order. 

33.18 Less-than-a-carioad lot. 

33.19 Effective date. 

Authority: 8§ 33.1 to 33.19, inclusive, is¬ 
sued under 48 Stat. 124; 7 UJ3.C. 587; E.O. 
9280, 7 FR. 10179; E.O. 9322, 8 F.R. 3807; 
E.O. 9334, 8 FR. 5423; E.O. 9392, 8 FR. 14783. 

DEFINITIONS 

§ 33.1 Meaning of words. Words 
used in this part in the singular form 
(Continued on p. 1497) 


CONTENTS 
THE PRESIDENT 


Executive Order: Page 

Bronze Star Medal_ 1495 


REGULATIONS AND NOTICES 


Agriculture Department: 

Idaho, transfer of lands from 
Soil Conservation Service to 

Forest Service_ 1538 

Alien Property Custodian: 

Vesting orders: 

Bansleben, August_ 1541 

Bauer, Martin_ 1541 

Bechtel, Lina_ 1542 

Boden, Hanna_ 1542 

Gabler, Max_ 1546 

Gaedeken, William_ 1542 

Henning, John, et al_ 1543 

Horvath, Anna_ 1543 

Iwagoshi, Hango_ 1543 

Iwakami, Koh_ 1544 

Kuhn, Anna_1544 

Ladanyi, John_ 1545 

May, Rose Roth_ 1545 

Muranaka, Fujio_ 1545 

Ommen, Berndt G_ 154Q 

Orth, Babette_ 1547 

Rosenberg Library Ass’n, et 

al- 1547 

Schroeder, Henry_ 1546 

Schroeder, Sophie_ 1546 

Schuster. Philip_ 1547 

Schybilsky, Bruno_ 1548 

Coast Guard: 

Marine engineering, piping sys¬ 
tems, approval of equip¬ 
ment_ 1537 

Pilot rules, inland waterways— 1535 
Customs Bureau: 

Customs financial and account¬ 
ing procedure, purchase of 
in-bond seals by carriers— 1499 


Federal Power Commission: 

Godfrey L. Cabot, Inc., and 
Cabot Gas Corp., order fix¬ 
ing date of hearing and sus¬ 
pending proposed increased 

rates- 1540 

Fish and Wildlife Service: 

White River National Wildlife 

Refuge, Ark., fishing_ 1538 

(Continued on p. 1496) 

1495 






































1496 


FEDERAL REGISTER, Tuesday, February 8, 1944 


/w\ 

FEDERAlMREGISTER 


•V »M 


Published dally, except Sundays, Mondays, 
and days following legal holidays, by the 
Division of the Federal Register, The National 
Archives, pursuant to the authority contained 
in the Federal Register Act, approved July 26, 
1935 (49 Stat. 500, as amended; 44 U.S.C., 
ch. 8B), under regulations prescribed by the 
Administrative Committee, approved by the 
President. Distribution is made only by the 
Superintendent of Documents, Government 
Printing Office, Washington, D. C. 

The regulatory material appearing herein is 
keyed to the Code of Federal Regulations, 
which is published, under 50 titles, pursuant 
to section 11 of the Federal Register Act, as 
amended June 19, 1937. 

The Federal Register will be furnished by 
mail to subscribers, free of postage, for $1.50 
per month or $15.00 per year, payable in ad¬ 
vance. The charge for individual copies 
(minimum 15*) varies in proportion to the 
size of the issue. Remit check or money 
order, made payable to the Superintendent 
of Documents, directly to the Government 
Printing Office, Washington, D. C. 

There are no restrictions on the republican 
tion of material appearing in the Federal 
Register 


NOTICE 

Book 1 of the Cumulative Sup¬ 
plement to the Code of Federal 
Regulations may be obtained from 
the Superintendent of Documents, 
Government Printing Office, at $3.00 
per copy. This book contains all 
Presidential documents issued dur¬ 
ing the period from June 2, 1938, 
through June 1, 1943, together with 
appropriate tables and index. 


CONTENTS—Continued 

General Land Office; pa S® 

California, stock driveway 
withdrawals (2 docu¬ 
ments)_ 1538 

Noxubee National Wildlife Ref¬ 
uge, transfer of te n d to 

Secretary of Interior- 1536 

Washington, land withdrawal 
for use of War Depart¬ 
ment _ 1536 

Interstate Commerce Commission: 

Motor vehicle carriers, reports 
of revenues, passengers, and 

mileage_ 1538 

Mines Bureau: 

Explosives; special instructions, 

reissuance of licenses, etc— 1502 

National War Labor Board: 

Procedure, petitions for review, 

etc_ 1500 


CONTENTS—Continued 

Office of Defense Transporta¬ 
tion—C ontinued. 

Coordinated operations plans, 
common carriers in desig¬ 
nated areas—Continued. Pa s® 

New York... 1550 

San Antonio and El Paso, Tex. 1549 

Texas_ 1550 

Office of Price Administration: 

Book paper (MPR 451, Am. 1)— 1532 

Citrus products, packed, of 1944 

and later packs (MPR 509). 1512 
Clay silo staves, etc. (MPR 188, 

Rev. Order A-3)- 1551 

Coke, beehive oven (MPR 77, 

Am. 4). 1522 

Cotton goods, fine (MPR 11, Am. 

13). 1522 

Drug and cosmetic products, 
certain private formula 

(RMPR 282)_ 1523 

Fats and oils (MPR 53, Am. 14) . 1522 

Fish and seafood, fresh (MPR 

418, Am. 22)..— 1532 

Forest products, eastern primary 

(2d Rev. MPR 216, Am. 2). 1526 
Fuel oil rationing (RO 11, Am. 

10 to Supp. 1)_ 1523 

Hawaii: 

Frozen shrimp and prawn 

(MPR 373, Am. 39)_ 1530 

Intoxicating liquors (MPR 

373, Am. 38)_ 1528 

Hog bristles, domestic (RSR 1, 

Am. 14)_ 1531 

Hogs, live (MPR 469, Am. 4) — 1522 

Lumber, northeastern hardwood 

(MPR 368, Am. 6)_ 1534 

Machines and parts, and ma¬ 
chinery services (MPR 136, 

Am. 107)_ 1523 

Meats, fats, etc., rationing (RO 

16, Am. 103)_ 1532 

Oats, barley and grain sor¬ 
ghums (MPR 511).— 1519 

Petroleum, crude petroleum and 
natural gas (MPR 436, Am. 

8). 1532 

Petroleum products, contami¬ 
nated; reconditioning (RSR 

11, Am. 43)_ 1531 

Potatoes and onions (RMPR 

271, Am. 10)_ 1532 

Rationing; surrender of points 
for U. S. Army purchases 
(Rev. RO 13, Admin. Ex¬ 
ception Order 10)- 1551 

Regional and district office 
orders: 

Adjustment; Denver Tent and 

Awning Co- 1555 

Coal, certain bituminous, in 

Uintah County, Utah- 1555 

Community ceiling prices, list 
of orders filed (4 docu¬ 
ments)_ 1553,1554,1556 

Firewood in Benton and 

Franklin Counties, Wash. 1555 
Fluid milk in designated 
areas: 

Idaho_ 1552 

Fresh tomatoes in San Fran- 


Office of Defense Transportation: 
Coordinated operations plans. 


cisco region- 

Solid fuels in Jackson area, 

1552 

common carriers in desig¬ 
nated areas: 


Wyo..-. 

Retail sellers operating, etc.. 

1554 

Detroit and Howell, Mich— 
New Jersey, New York, and 

1548 

more than one establish¬ 
ment (Rev. Supp. Order 

1521 

Pennsylvania..— 

1549 

13) —.... 


CONTENTS-Continued 

Office of Price Administration— 
Continued. 

Spanish moss: 

Ginned (RSR 14, Am. 90)_. 

Unginned (RSR 1, Am. 47)—. 
Sugar rationing (Rev. RO 3, Am. 

1)__— 

President's War Relief Control 
Board : 

Funds and contributions for war 
relief, solicitation and col¬ 
lection; reports- 

Public Contracts Division: 
Minimum wage determinations, 
men’s hat and cap industry. 
Securities and Exchange Commis¬ 
sion: 

Healings, etc.: 

Alleghany Corp., et al_ 

Central Ohio Light and Power 

Co___ 

Consolidated Electric and Gas 
Co., and Central Illinois 

Electric and Gas Co- 

Electric Power and Light Corp. 
Indiana and Michigan Elec¬ 
tric Co- 

North American Light and 
Power Co. and holding 

system- 

United Corp- 

Selective Service System: 

Laurel project, Laurel, Md.; 
designated conscientious 
objectors’ establishment— 
Solid Fuels Administration for 
War: 

Anthracite coal, restrictions- 

Solid fuels: 

Reconsignment, diversion and 

rerouting in transit- 

Shipment via Great Lakes— 
Wage and Hour Division: 

Learner employment certifi¬ 
cates, issuance to various 
industries (2 documents) — 
War Food Administration: 

Apples and pears, export regu¬ 
lations revised- 

Concord grapes, processed; al¬ 
location — 
Dried whole eggs, U. S. palata- 

bility standards- 

Livestock slaughter and meat 
delivery (FDO 75, Am. 11)- 
Tea, designation of qualified 

distributors_ 

War Production Board: 

Boilers for stock, production 
(Table 8 to M-293, Dir. 1>- 
Butadiene, approval of certifi¬ 
cate— 
Controlled materials plan: 
Copper and aluminum (CMP 

Reg. 1, Am. 1)- 

Special procedure for author¬ 
ization (CMP Reg. 6, Dir. 

1). 

Diamonds, rough (M-109)- 

Electrodes, spot welding (L-318, 

Rev.)_ 

Iron and steel production 

(M-21)_ 

(Continued on next page) 


Page 

1531 

1531 

1534 


1537 

1535 

1560 

1556 

1558 

1559 

1560 

1558 

1557 

1561 

1500 

1500 

1501 

1539 

1495 

1499 

1499 

1499 

1560 

1504 

1561 

1511 

1503 

1504 

1506 

1510 
























































FEDERAL REGISTER, Tuesday, February 8, 1944 


1497 


CONTENTS—Continued 


War Production Board —Con. Page 

Rail and rail joints, used (L-88) _ 1503 
Shipping containers, fibre (L- 

317, Am. 1). 1511 

Sodium phosphates (M-334)_.« 1508 
Suspension orders: 

Mission Electric Co_ 1502 

Southern Heater Co_ 1502 

Tanks, plumbing and heating 

(L-199)._ 1506 

Textile, clothing and leather 

machinery (Lr-215)_ 1505 

Tungsten and molybdenum 

products (M-369)_ 1507 

War Shipping Administration: 

Vessel ownership determina¬ 
tions: 

“Gertrude L. Thebaud”_ 1561 

“Satans Wife”_ 1562 


shall be deemed to import the plural, and 
vice versa, as the case may demand. 

§ 33.2 Definitions. Each term de¬ 
fined in the act shall, when used in these 
regulations, have the same meaning as 
set forth in said act. When used herein, 
unlese otherwise distinctly expressed or 
manifestly incompatible with the intent 
hereof: 

(a) The term “act' 'or “Export Apple 
and Pear Act” means “An act to promote 
the foreign trade of the United States in 
apples and/or pears, to protect the rep¬ 
utation of American-grown apples and 
pears m foreign markets, to prevent de¬ 
ception or misrepresentation as to the 
quality of such products moving in for¬ 
eign commerce, to provide for the com¬ 
mercial inspection of such products en¬ 
tering such commerce, and for other pur¬ 
poses,” approved June 10, 1933 (48 Stat. 
123; 7 U.S.C. 1940 ed. 581 et seq.). 

(b) The term “carrier” means any 
common or private carrier, including, but 
not being limited to, trucks, vessels, 
tramp oi chartered steamers whether 
carrying for hire or otherwise. 

(c) The term “Department” means 
the United States Department of Agri¬ 
culture. 

(d) The term “Administration” means 
the War Pood Administration of the De¬ 
partment. 

(e) The term “Administrator” means 
the War Food Administrator or any of¬ 
ficer or employee of the Department to 
whom the Administrator has heretofore 
delegated or may hereafter delegate 
the authority to act in his stead. 

(f) The term “Director” means the 
Director of Food Distribution, Office of 
Distribution of the Administration or any 
officer or employee of the Department 
to whom the Director has heretofore or 
may hereafter delegate the authority 
to act in his stead. 

(g) The term “Chief of Branch” 
means the Chief of the Fruit and Vege¬ 
table Branch, Office of Distribution of 
the Administration or any officer or em¬ 
ployee of the Branch to whom there has 
heretofore been delegated or there may 
hereafter be delegated the authority to 
act in his stead. 

<h) The term “apples” means fresh 
whole apples whether or not they have 
been in storage. 


(I) The term “pears” means fresh 
whole pears whether or not they have 
been in storage. 

(J) The term “Farm Products Inspec¬ 
tion Act” means the following provision 
of the Department of Agriculture Ap¬ 
propriation Act, 1944, approved July 12, 
1943 (57 Stat. 421), or any future act of 
Congress conferring similar authority: 

For enabling the Secretary, Independently 
and In cooperation with other branches of 
the Government, State agencies, purchasing 
and consuming organizations, boards of 
trade, chambers of commerce, or other asso¬ 
ciations of businessmen or trade organiza¬ 
tions, and persons or corporations engaged In 
the production, transportation, marketing, 
and distribution of farm and food products, 
whether operating in one or more Jurisdic¬ 
tions, to investigate and certify to shippers 
and other interested parties the class, qual¬ 
ity, and condition of cotton, tobacco, fruits, 
and vegetables, whether raw, dried, or canned, 
poultry, butter, hay, and other perishable 
farm products when offered for Interstate 
shipment or when received at such Impor¬ 
tant central markets as the Secretary may 
from time to time designate, or at points 
which may be conveniently reached there¬ 
from under such rules and regulations as 
he may prescribe, including payment of such 
fees as wUl be reasonable and as nearly as 
may be to cover the cost for the service 
rendered: Provided, That officers and em¬ 
ployees who, under proper authorization, use 
privately owned motor vehicles in the per¬ 
formance of official travel within the corpo¬ 
rate limits of their official stations for the 
purpose of inspecting and grading farm and 
food products and the supervision thereof at 
points located within the said corporate lim¬ 
its may be reimbursed for such travel at a 
rate not to exceed 3 cents per mile: Provided 
further , That certificates issued by the au¬ 
thorized agents of the Department shall be 
received in all courts of the United States 
as prima facie evidence of the truth of the 
statements therein contained. 

(k) The term “certificate” or “export 
form certificate” means a statement that 
a designated lot of apples or pears meets 
the requirements of the Export Apple 
and Pear Act included in and made a 
part of (1) a certificate issued under th; 
Farm Products Inspection Act or under 
§ 14 of the Perishable Agricultural Com¬ 
modities Act, 1930, approved June 10, 
1930, as amended (46 Stat. 531; 7 U.S.C. 
1940 ed. 499a et seq.), or (2) a memo¬ 
randum in a form approved by the Chief 
of Branch and issued in lieu of an ex¬ 
port form certificate. 

(l) The term “less-than-a-carload 
lot” means any lot of apples or pears of 
less than 400 bushels in packages. 

administration 

§ 33.3 Chief of Branch . The Chief 
of Branch shall perform, for and under 
the supervision of the Administrator and 
the director, such duties as the Adminis¬ 
trator or the Director may require in the 
enforcement or administration of the 
provisions of the act or these regulations. 

miscellaneous 

§33.4 Inspection certificate. The 
regulations Issued under the Farm Prod¬ 
ucts Inspection Act governing the in¬ 
spection and certification of fresh fruits 
and vegetables, as amended (7 CFR 51.1 
et seq.) , and as the same may, from time 
to time, be amended, insofar as the afore¬ 
said regulations apply to apples or pears, 


are hereby adopted and made a part of 
these regulations for the purposes of the 
act except when in conflict with specific 
regulations herein set forth; and all per¬ 
sons authorized to issue certificates of 
grade or condition under said Farm 
Products Inspection Act are authorized 
to issue the certificate required, under 
the act and under these regulations, for 
apples or pears. 

§ 33.5 Form of certificate. A Farm 
Products Inspection Act certificate bear¬ 
ing in prominent letters across the face 
thereof the words “Export Form Certifi¬ 
cate” shall, when issued hereunder, be 
issued only for apples or pears inspected 
and certified in accordance with the pro¬ 
visions of the act and these regulations 
and shall include the following printed 
or typed statement: “The apples or pears 
covered by this certificate meet the re¬ 
quirements of the Export Apple and 
Pear Act.” 

§ 33.6 Ajialysis; certificate. If the ap¬ 
ples or pears in any shipment for export 
are to be analyzed for any spray residue 
and the chemist's report is not available 
at the time the inspection for grade is 
finished, the Inspector may, if practicable, 
issue a certificate subject to its being 
rescinded within 43 hours after issuance 
should the chemist's analysis show that 
the apples or pears do not comply with 
the tolerances for any such spray residue 
established under the Federal Food, 
Drug, and Cosmetic Act, as amended (52 
Stat. 1040; 21 U. S. C. 1940 ed. 301 et 
seq.). 

§ 33.7 Delivery of certificate. If, at 
the time of billing for shipment in export, 
a certificate shall have been issued under 
the provisions of the act and these regu¬ 
lations, such certificate or a copy thereof, 
on a form approved by the Director, shall 
be delivered by the shipper or his agent 
to^the initial carrier for delivery to the 
"’oper official of any carrier on which 
apples or pears, covered by the cer¬ 
tificate or the copy thereof, as aforesaid, 
are to be exported. 

§ 33.8 Requirements for shipments — 

(a) Export of apples or pears. No per¬ 
son shall ship, offer for shipment, trans¬ 
port, or offer for transportation to a 
foreign country apples or pears in pack¬ 
ages except in accordance and compli¬ 
ance with the requirements hereof and 
only if a certificate has been issued with 
respect to such apples or pears. 

(b) No acceptance for export without 
certificate. A shipment of apples or 
pears in packages shall not be accepted 
for export by any carrier unless such 
shipment is accompanied by a certifi¬ 
cate or a copy thereof, on a form ap¬ 
proved by the Director, and such certifi¬ 
cate or copy thereof has been surren¬ 
dered to the carrier. 

(c) Split shipments. When a certifi¬ 
cate has been issued covering a lot of 
apples or pears and the shipper desires 
to export part of the lot by one carrier 
and part by another carrier, such cer¬ 
tificate or copy thereof, as aforesaid, 
shall be delivered to each carrier. 

(d) Representation of issuance , with¬ 
out copy of certificate , not acceptable. 
No carrier shall accept for shipment a 


a A° 
a / / the 

V tific 

















1498 


FEDERAL REGISTER, Tuesday , February 8, 1944 


part of a lot of apples or pears in pack¬ 
ages upon the representation by the 
shipper or his agent or by the initial 
carrier that a certificate has been issued 
covering the entire lot of such apples or 
pears, but shall require that such cer¬ 
tificate or a copy thereof, as aforesaid, 
be delivered to such carrier. 

§ 33.9 Method of inspection and certi¬ 
fication, When a shipment of apples or 
pears in packages is made to a foreign 
country under a through bill of lading 
or under a bill of lading marked for ex¬ 
port, the shipper shall, except as pro¬ 
vided in § 33.18, secure inspection of the 
apples or pears in such shipment and 
deliver to the local agent of the carrier 
the certificate or copy thereof, as afore¬ 
said, covering such shipment. Such lo¬ 
cal agent shall attach such certificate 
or copy thereof to the waybill or make 
a notation on the waybill that the fruit 
has been inspected and that a certificate 
has been issued. Inspection of a ship¬ 
ment of apples or pears in packages, not 
under a through bill of lading to a for¬ 
eign country or not under a bill of lading 
marked for export, may be obtained at 
point of origin of such shipment, if in¬ 
spection is available, or at any conven¬ 
ient point en route to or at destination. 

§ 33.10 Noncertifloated shipments; 
handling. Any person operating any car¬ 
rier shall, within 72 hours after such 
carrier sails from any port, send to the 
Chief of Fruit and Vegetable Branch, 
Office of Distribution, War Food Admin¬ 
istration, Washington 25, D. C„ a list 
of all shipments of apples or pears in 
packages on board such carrier which 
are not accompanied by certificates or 
copies thereof, as aforesaid, and shall 
give all particulars with reference there¬ 
to, including, but not being limited to, 
destination, quantity, description, marks, 
names and addresses of shippers and 
consignees, and names of railroads or 
persons having delivered such shipments 
to such carriers, with car numbers or 
other means of identification. The fur¬ 
nishing of the foregoing information 
shall not relieve any person operating a 
carrier, as aforesaid, from liability under 
the act or these regulations if the facts 
warrant prosecution. 

§ 33.11 Special certificates. A special 
certificate in compliance with the stand¬ 
ards or requirements of any foreign coun¬ 
try as to condition of apples or pears 
shall, as authorized by section 3 of the act, 
be issued as a part of, or in addition to, 
an export form certificate. A reasonable 
additional fee may be charged when the 
inspection necessary for the issuance of 
such special certificate requires addi¬ 
tional time or an examination or certifi¬ 
cation at some time or place other than 
that at which the original inspection 
was made. 

§ 33.12 Issuance of certificate; require¬ 
ments. The issuance of a certificate does 
not excuse any person who fails to com¬ 
ply with any regulatory laws or require¬ 
ments applicable to apples or pears 
shipped in foreign commerce. No certifi¬ 
cate shall be issued except upon a show¬ 
ing satisfactory to the Chief of Branch 


that the apples or pears shipped in for¬ 
eign commerce comply with the toler¬ 
ances for any arsenical or lead spray 
residue established under the Federal 
Food, Drug, and Cosmetic Act, as afore¬ 
said. 

§ 33.13 Minimum quality require¬ 
ments for shipments in export —(a) 
Apples. Any lot of apples in packages 
shipped or transported in foreign com¬ 
merce must meet each minimum require¬ 
ment of the U. S. Utility or the U. S. 
Utility Early grade, as specified in the 
United States Standards for Apples, 
Issued by the Department in October 
1937 and reissued in October 1939, sub¬ 
ject to the tolerances for the applicable 
grade, except that such apples shall not 
contain apple maggots and, of such ap¬ 
ples, not more than 2 percent may have 
apple maggot injury and not more than 
2 percent may be infested with San Jose 
scale: Provided , That any lot of apples in 
containers conspicuously marked “can¬ 
nery 0 may be shipped or transported, as 
aforesaid, if such lot of apples meets 
each minimum requirement of the U. S. 
No. 2 grade, as specified in the U. S. 
Standards for Cannery Apples (1930), 
issued by the Department on July 23, 
1930, and reissued on August 30, 1943, 
subject to an aggregate tolerance of 10 
percent for defects of this grade. 

(b) Pears. Any lot of pears in pack¬ 
ages shipped or transported in foreign 
commerce must meet each minimum re¬ 
quirement of the applicable U. S. No. 2 
grade, as specified (1) in the U. S. Stand¬ 
ards for Summer and Fall Pears, such 
as Bartlett, Hardy, and other similar 
varieties, effective June 27, 1940, issued 
by the Department on June 26,1940, and 
reissued September 3, 1942, or (2) in the 
U. S. Standards for Winter Pears, such 
as Anjou, Bose, Nellis, Comice, and other 
similar varieties, effective July 8, 1940, 
issued by the Department on June 28, 
1940, and reissued on May 20, 1942, sub¬ 
ject to the tolerances permitted for such 
applicable grade, except that such pears 
shall not contain apple maggots and, of 
such pears, not more than 2 percent may 
have apple maggot injury and not more 
than 2 percent may be infested with San 
Jose scale: Provided , That any lot of 
pears in containers conspicuously 
marked “cannery 0 may be shipped or 
transported, as aforesaid, if such lot of 
pears meets each minimum requirement 
of the U. S. No. 2 grade, as specified in 
the U. S. Standards for Pears for Can¬ 
ning, effective June 12, 1939, issued by 
the Department on June 6, 1939, and re¬ 
issued September 13, 1939, subject to 
an aggregate tolerance of 10 percent for 
defects of this grade. 

# (c) Exception to maturity require¬ 
ments. Any lot of apples or pears in 
packages shipped to a transpacific port 
need not comply with the maturity 
standards of the applicable grade, as 
aforesaid, if the packages are conspicu¬ 
ously marked or branded with the words 
“Immature fruit. 0 

§ 33.14 Packing and marking require¬ 
ments for shipments in export —(a) 
Packages; packing. Each package shall 
be packed so that the apples or pears in 
the shown face shall be reasonably 


representative in size, color, and quality 
of the contents of the package. 

(b) Packages; marking. Any package 
of apples or pears shipped in foreign 
commerce shall be plainly and conspicu¬ 
ously marked with (1) the name and 
address of the grower or packer; (2) the 
variety of the apples or pears; (3) the 
grade names, not lower than those 
specified in § 33.13; and (4) the numer¬ 
ical count or the minimum size of such 
apples or pears. 

§ 33.15 Fee for certificate. The fee 
for the issuance of a certificate shall be 
the fee charged at that time and place 
where a certificate is issued for an in¬ 
spection made under the Farm Products 
Inspection Act: Provided , That when any 
lot of apples or pears, with respect to 
which a farm products inspection certif¬ 
icate has been issued stating that the 
fruit meets the requirements of the act 
and these regulations, arrives at any ter¬ 
minal market or point of export, an 
export form certificate may be substi¬ 
tuted for such farm products inspection 
certificate for a fee of $1.00, or, for a 
similar fee, such farm products inspec¬ 
tion certificate may be stamped with the 
words “Export Form Certificate. 0 

§ 33.16 Complaint , notice , hearing, 
and order . Upon receipt of complaint 
from any person alleging that any apples 
or pears have been shipped or trans¬ 
ported in foreign commerce in violation 
of any of the provisions of the act or 
these regulations, the Director shall 
cause such investigation of the facts to 
be made as he deems proper. If it ap¬ 
pears from the investigation that there 
has been a violation of the act or these 
regulations, the Director shall cause no¬ 
tice to be given to the person accused of 
the nature of the charges against him 
and of the specific cases in which viola¬ 
tion of the act or these regulations is 
charged. The person accused shall be 
given an opportunity for a hearing not 
less than 10 days after notice of such 
hearing has been served upon him. At 
such hearing the person complained of 
will be entitled to be present in person 
or by counsel and to submit evidence and 
arguments in his behalf. Any order to 
withhold the issuance of a certificate, 
as provided in § 6 of the act, will be 
effective from the date of its service 
upon the person found to have been 
guilty. Such order will state the inclu¬ 
sive dates during which it is to remain 
in effect, and during this period no in¬ 
spector employed or licensed by the Ad¬ 
ministrator under the Farm Products 
Inspection Act shall issue any certificate 
to such person, 

§ 33.17 Service of notice or order. 
Service of any notice or order required 
by the act or prescribed by these regu¬ 
lations shall be deemed sufficient if made 
by registered mail or personally upon 
the person served. If it is impossible to 
make service, as aforesaid, upon the per¬ 
son named in the notice or order, service 
may be made by leaving a copy of such 
notice or order with an employee or agent 
at such person’s usual place of business 
or abode. If the person named is a 
partnership, association, or corporation, 
service may similarly be made with re- 









1499 





FEDERAL REGISTER, Tuesday, February 8, 1944 


§ 65.2 Palatability scores for dried whole eggs. 


Score 


Description of quality 


Grades 


8 

6 

5 

4 

3 

2 

1 

0 


No detectable off flavor, comparable to high quality fresh shell egg_ 

Barely detectable off flavor.... 

Slight but not unpleasant off flavor.... 

Fairly definite but not unpleasant off flavor. 

Definite off flavor which may be sjightiy unpleasant-. 

Unpleasant off flavor....... 

Definite unpleasant off flavor... 

Extremely unpleasant off flavor.—. 

Repulsive flavor or flavor due to slight decomposition. 

Strong repulsive flavor or flavor due to decomposition. 

Extremely repulsive flavor or flavor due to extreme decomposition_ 


Household grades. Accept¬ 
able as scrambled egg. 

Commercial grades. Suit¬ 
able only for bakery and 
similar uses. 

Products unsuitable fur 
household grades or com¬ 
mercial grades. 


spect to any member of the partnership 
or any officer, employee, or agent of the 
association or corporation. 

§ 33.18 Less-than-a-carload lot. Any 
shipment of less-than-a-carload lot of 
apples or pears to Mexico, Cuba, the West 
Indies, Bahamas, Bermuda Islands. New¬ 
foundland, or to other islands adjacent 
to North America, or to any country in 
Central America or South America ex¬ 
cept Argentina, or to any African port 
not on the Mediterranean Sea, or to any 
transpacific port, need not comply with 
the requirements of the act or these 
regulations: Provided , That any ship¬ 
ment of apples or pears of less than 200 
pounds gross weight in packages to any 
foreign destination shall not be subject 
to the provisions of the act or these 
regulations. 

§ 33.19 Effective date. This revision 
shall become effective at 12:01 a.m., 
e.w.t., March 6, 1944. 

It is directed that, within one week of 
its promulgation, notice of this revision 
and of the effective time thereof shall 
be published in at least two trade papers 
of the fruit*industry. 

Issued at Washington, D. C., this 5th 
day of February 1944. 

Ashley Sellers, 

Assistant War Food Administrator . 

[F. R. Doc. 44-1839: Filed. February 7. 1944; 

11:24 a.m.J 


Subchapter C—Regulations Under the Farm 
Products Inspection Act 

Part 65— Official United States Stand¬ 
ards for Palatability Scores for Dried 
Whole Eggs 

preparation of samples, and scores for 
dried whole eggs 

Pursuant to the provisions of the De¬ 
partment of Agriculture Appropriation 
Act, 1944, approved July 12, 1943 (Pub. 
L. No. 129, 78th Cong., 1st Sess., 57 Stat. 
421), and by virtue of the authority 
vested in the War Food Administrator, 
the following standards for palatability 
scores for dried whole eggs that shall 
be employed for the grading and certi¬ 
fication for palatability scores for dried 
whole eggs by official graders of the War 
Food Administration are hereby pre¬ 
scribed and promulgated: 

§ 65.1 Preparation of samples for 
palatability tests. Reconstitute 30 grams 
of dried whole egg powder as completely 
as possible with 90 grams of distilled 
water in a 250 to 400 ml. pyrex beaker by 
adding a third of the water, mixing until 
smooth and then adding the remainder of 
the water slowly while stirring. Place the 
beaker in gently boiling water and stir 
the reconstituted egg while coagulation 
takes place. When coagulated to the 
consistency of scrambled eggs, the 
sample is ready for palatability test. 


The foregoing standards shall become* 
effective at 12:01 a. m., e. w. t., February 
7, 1944. 

(Pub. Law 129, 78th Cong., 57 Stat. 421; 
E.O. 9280, 7 FJR. 10179; E.O. 9322, 8 FH. 
3807; E.O. 9334, 8 F.R. 5423; E.O. 9392, 8 
FJR. 14783) 

Issued this 5th day of February 1944. 

Ashley Sellers, 

Assistant War Food Administrator . 

[F. R. Doc. 44-1841; Filed. February 7, 1944; 
11:19 a. m.l 


Chapter XI—War Food Administration 
(Distribution Orders) 

(FDO 80-1, Arndt. 2\ 

Part 1405— Fruits and Vegetables 
allocation of processed concord grapes 

Food Distribution Order No. 80-1, 
5 1405.29, issued on September 22, 1943, 
by the Director of Food Distribution, as 
amended (8 FH. 12963, and 13970), is 
further amended by deleting therefrom 
the provisions in § 1405.29 (b) (2) (iii) 
and inserting, in lieu thereof, the fol¬ 
lowing: 

(iii) The quantity remaining, after 
allocations have been made from the 
processed Concord grapes in accordance 
with the provisions contained in para¬ 
graphs (b) (2) (i) and (b) (2) (ii) above, 
is released from the set-aside restrictions 
contained in § 1405.25 (b) (4) of Food 
Distribution Order No. 80, as amended. 

With respect to violations, rights ac¬ 
crued, liabilities incurred, or appeals 
taken under said Food Distribution Or¬ 
der No. 80-1, prior to the effective time 
of this amendment, all of the provisions 
of the said Food Distribution Order No. 
80-1 in effect prior to the effective time 
of this amendment shall be deemed to 
continue in full force and effect for the 
purpose of sustaining any proper suit, 
action, or other proceeding with respect 
to any such violation, appeal, right, or 
liability. 

This amendment to said Food Distri¬ 
bution Order No. 80-1 shall become ef¬ 
fective at 12:01 a. m., e. w. t., February 
6, 1944. 

(E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 F.R. 
3807; E.O. 9334, 8 F.R. 5423; E.O. 9392, 
8 F.R. 14783; FDO 80, as amended, 8 F.R. 
12527, and 13970) 

Issued this 3d day of February 1944. 

Lee Marshall, 

Director of Food Distribution. 

[FR. Doc. 44-1737; Filed, February 4, 1944; 

12:43 p. m.l 


[FDO 75, Arndt. 11] 

Part 1410— Livestock and Meats 

SLAUGHTER OF LIVESTOCK AND DELIVERY OF 
MEAT 

Food Distribution Order No. 75. as 
amended (8 F.R. 11119, 14508, 15684, 
15772, 16353, 16587, 16675, 16887, 17290, 
9 F.R. 51, 937), §1410.15, issued under 
authority of the War Food Administrator 
on August 9. 1943. is further amended by 
amending (b) (2) to read as follows: 

(2) Until March 17, 1944, any farmer 
may. without a license or permit, slaugh¬ 
ter swine owned by him and deliver the 
meat derived therefrom. 

This order shall become effective at 
12:01 a. m., e. w. t., February 4, 1944. 

With respect to violations, rights ac¬ 
crued, liabilities incurred, or appeals 
taken under Food Distribution Order No. 
75, as amended, prior to the effective date 
of this amendment, all provisions of said 
Food Distribution Order No. 75, as 
amended, in effect prior to this amend¬ 
ment shall be deemed to remain in 
full force and effect for the purpose of 
sustaining any proper suit, action, or 
other proceeding with respect to any 
such violation, right, liability, or ap¬ 
peal. 

(E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 
F.R. 3807; E.O. 9334, 8 FJR. 5423; E.O. 
9392, 8 F.R. 14783) 

Issued this 3d day of February 1944. 

Marvin Jones. 

War Food Administrator . 

[F. R. Doc. 44-1738; Filed, February 4, 1044; 

12:43 p. m.] 


TITLE 19—CUSTOMS DUTIES 
Chapter I—Bureau of Customs 
IT. D. 609991 

Part 24 —Customs Financial and 
Accounting Procedure 

PURCHASE OF IN-BOND SEALS BY CARRIERS 

Section 24.13, Customs Regulations of 
1943 (19 CFR 24.13), is hereby amended 
as follows: 

The third sentence of paragraph (b) 
is amended to read: 

Seals used for sealing merchandise for 
customs purposes other than for (1) 
shipping in bond, (2) shipping by other 
than a bonded common carrier in ac¬ 
cordance with section 553, Tariff Act of 
1930, as amended, or (3) shipping in 


/ 



























1500 


FEDERAL REGISTER, Tuesday, February 8, 1944 


transit shall be uncolored and stamped 
“U. S. Customs.” 

The first sentence of paragraph (f) is 
amended to read: 

In-bond seals may be purchased only 
by customs bonded carriers or by non- 
bonded carriers who are permitted to 
transport articles in accordance with 
section 553 of the tariff act, as amended. 
(R.S. 251. sec. 624, 46 Stat. 759; 19 U.S.C. 
66. 1624> 

[seal] W. R. Johnson. 

Commissioiier of Customs. 
February 3. 1944. 

Herbert E. Gaston, 

Acting Secretary of the Treasury. 

|F. R. Doc. 44-1792; Filed. February 7. 1944; 
9:41 a. m.l 


TITLE 29—LABOR 

Chapter VI—National War Labor Board 
Part 802— Rules of Procedure 

PETITIONS FOR REVIEW 

The National War Labor Board has . 
adopted the following amendments: 

In § 802.38 Petitions for review (8 
F.R. 16712), the first sentence is changed 
to read: 

Within fourteen days after an ageat 
of the Board mails to a party a ruling 
denying or modifying a voluntary appli¬ 
cation for approval of a wage or salary 
adjustment, or remits to him a directive 
order in a dispute case, such party may 
mail to the Board at Washington, D. C.. 
an original and four copies of a petition, 
including supporting documents, seeking 
review by the Board of such ruling or 
directive order. 

In § 802.3/ The answer (8 F.R. 
16712), the first sentence is changed to 
read: 

Within fourteen days after a copy of a 
petition for review is mailed by the peti¬ 
tioning party to any other party to the 
case, such other party may mail to the. 
Board an answer to the petition. 

In § 802.43 (b) (1) (8 F.R. 16712), the 
second sentence is changed to read: 

A petition for reconsideration of any 
provision of the Board’s order which 
effects a change in the order of the agent 
may be mailed to the Board by any party 
within fourteen days from the date that 
the order was mailed to such party. 

(E.O. 9017, 9250; 7 F.R. 237, 7871) 

Adopted January 10. 1944. 

Theodore W. Kheel, 
Executive Director . 

|F. R. Doc. 44-1741: Filed, February 4. 1944; 

2:43 p. m.J 


TITLE 30—MINERAL RESOURCES 
Chapter VI—Solid Fuels Administration 
for War 
| Rev. Reg. 11} 

Part 602— General Orders and 
Directives 

restrictions on anthracite coal 

To effectuate the purposes of Execu¬ 
tive Order No. 9332, Regulation No. 11 is 


hereby superseded by the following re¬ 
vised regulation: 

§ 602.201 Definitions, (a) for the 
purposes of this revised regulation, the 
definitions contained in Solid Fuels Ad¬ 
ministration for War Revised Regulation 
No. 2, as amended, shall be the meaning 
of the words “anthracite,” “producer,” 
“wholesaler,” “destination,” “person,” 
and “base period.” 

(b) “Retail dealer” means any person 
(including the retail outlet, branch or 
department of a person who is also a pro¬ 
ducer or wholesaler) who acts in the 
capacity of a seller of anthracite in a 
transaction involving the sale, or sale 
and delivery, of broken bulk anthracite, 
physically handled in less than carload 
lots without regard to quantity or fre¬ 
quency of delivery. 

§ 602.202 Restriction on shipments by 
wholesalers or producers. Prior to April 
1, 1944, no wholesaler or producer shall 
ship anthracite (including anthracite to 
be used in poultry brooders or hatcher¬ 
ies) in any calendar month to any desti¬ 
nation or retail dealer in excess of l/24th 
of the total tonnage shipped all-rail to 
such destination or retail dealer during 
the base period: Provided, however , That 
this restriction shall not apply to desti¬ 
nations or retail dealers in the States of 
Maine, New Hampshire. Vermont, Mas¬ 
sachusetts, Connecticut, Rhode Island, 
New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, the Dis¬ 
trict of Columbia, and the Dominion of 
Canada; And provided, further , That 
this restriction on shipments shall not 
apply to anthracite owned by any pro¬ 
ducer or wholesaler and stored on docks 
or any other storage facilities located in 
the area to which this restriction applies. 

§ 602.203 Restriction upon anthracite 
deliveries by certain retail dealers. Each 
retail dealer, located within the area to 
which the restriction provided in §602.202 
of this revised regulation applies, who re¬ 
ceives anthracite pursuant to that sec¬ 
tion, shall accord preference in deliveries 
of such anthracite to consumers who re¬ 
quire it for use in base burners, maga¬ 
zine type heaters or boilers, anthracite 
stokers, bakeries, or poultry brooders and 
hatcheries. 

§ 602.204 Action under other regula¬ 
tions. Nothing contained in this revised 
regulation shall be deemed to preclude 
the Solid Fuels Administrator for War 
from taking appropriate action under 
Solid Fuels Administration for War Reg¬ 
ulation No. 1, or under any other Regu¬ 
lation heretofore or hereafter promul¬ 
gated by him. . 

§ 602.205 Limitations upon applicabil¬ 
ity of this revised regulation. The re¬ 
strictions of this revised regulation shall 
apply only to anthracite shipped for use 
by a consumer for space heating, do¬ 
mestic hot water or domestic cooking, 
and this revised regulation shall not be 
applicable to and shall not in any wise 
be deemed to restrict shipments of an¬ 
thracite to any industrial plant for use 
in the process of manufacturing or gen¬ 
erating steam for industrial use or for 
space heating which is incidental there¬ 
to: Provided however , That the buyer, 
when placing his order, shall certify in 
writing that the anthracite covered by 


such order is to be used only by an in¬ 
dustrial plant in the process of manu¬ 
facturing or generating steam for in¬ 
dustrial use or for space heating which 
is incidental thereto, as the case may be. 

§ 602.206 Damages for breach of con¬ 
tract. No person shall be held liable for 
damages or penalties for any default 
under any contract or order which shall 
result directly or indirectly from com¬ 
pliance with this revised regulation. 

§ 602.207 Violations. Any person who 
violates any provision of this revised 
regulation, or who obtains delivery of 
anthracite in violation of this revised 
regulation, may be prohibited from de¬ 
livering or receiving any material under 
priority control. The Solid Fuels Ad¬ 
ministrator for War may also take any 
other action deemed appropriate, in¬ 
cluding the making of a recommendation 
for prosecution under section 35 (A) of 
the Criminal Code (18 U.S.C. Sec. 80) or 
under the Second War Powers Act (Pub. 
No. 507, 77th Cong., March 27, 1942). 

§ 602.208 Applications for modifica¬ 
tion and exception. Any application for 
modification of or exception from any 
provision of this revised regulation shall 
be filed in triplicate with the Washing¬ 
ton Office of the Solid Fuels Administra¬ 
tion for War. The application shall set 
forth, in detail, the provisions sought to 
be modified or from which an exception 
is sought, and the reasons and data in 
support of such request for modification 
or exception. 

§ 602.209 Regulations modified hereby. 
(a) This revised regulation modifies the 
provisions of Revised Regulation No. 2, 
as amended, in respect to shipments to 
be made to destinations and retail dealers 
within the area to which the restriction 
provided in § 602.202 of this Revised Reg¬ 
ulation applies. In all other respects 
and with regard to all other areas. Re¬ 
vised Regulation No. 2, as amended, re¬ 
mains in full force and effect. 

(b) The provisions of Regulation No. 
5 shall not be applicable to orders for 
anthracite for use in poultry brooders 
or hatcheries placed by any retail dealer 
or any operator of a poultry brooder or 
hatchery located within the area to which 
the restriction provided in § 602.202 of 
this revised regulation applies. Regula¬ 
tion No. 5 remains in full force and 
effect with regard to all other areas. 

This revised regulation Shall take effect 
forthwith. 

(E.O. 9332. 8 F.R. 5355; E.O. 9125. 7 F.R. 
2719; sec. 2 (a), 54 Stat. 676, as amended 
by 55 Stat. 236 and 56 Stat. 176) 

Issued this 4th day of February 1944. 

Harold L. Ickes, 

Solid Fuels Administrator for War. 

[F. R. Doc. 44-1802; Filed. February 7, 1944; 

10:13 a. m.J 


l Reg. 14] 

Part 602 —General Orders and Direc¬ 
tives 

RECONSIGNMENT, DIVERSION, AND REROUTING 
SOLID FUELS IN TRANSIT 
The Solid Fuels Administrator for War 
is authorized by Executive Order No. 9332 










1501 


FEDERAL REGISTER, Tuesday , February 8, 1944 


(8 FJR. 6355) to issue to persons engaged 
in the development, production, prepara¬ 
tion, treatment, processing, storage, ship¬ 
ment, receipt and distribution of solid 
fuels within the United States, its terri¬ 
tories and possessions such directions as 
are deemed necessary to provide ade¬ 
quate supplies of solid fuels for direct 
and indirect military, and essential in¬ 
dustrial and civilian requirements. In 
some instances, in order to meet emer¬ 
gency situations and in order to avoid 
inequitable distribution of solid fuels, it 
has been necessary to order the recon¬ 
signment, diversion or rerouting of solid 
fuels already in transit. Common car¬ 
riers by railroad subject to the Interstate 
Commerce Act have been ordered by the 
Interstate Commerce Commission to ac¬ 
cept reconsignment, diversion or rerout¬ 
ing orders from the Solid Fuels Adminis¬ 
trator for War (Service Order No. 177, 
9 F.R. 64). It would be helpful to clarify 
the procedure of reconsigning, diverting 
or rerouting solid fuels in transit. 
Therefore, in order to effectuate the pro¬ 
visions of Executive Order No. 9332, and 
by virtue of the authority conferred by 
that order, the following regulation is 
issued by the Solid Fuels Administrator 
for War: 

§ 602.250 J Definitions. (a) "Solid 
fuels" includes all forms of anthracite, 
bituminous, sub-bituminous and lignitic 
coals (including packaged and processed 
fuels, such as briquettes). 

(b) “Person” means any individual, 
partnership, association, business trust, 
corporation, governmental corporation 
or agency, or organized group of persons. 

(c) “Producer” means any person 
(except when engaged in retail dealer 
transactions) engaged in the business of 
mining or preparing solid fuels (or the 
sales agent of such person). 

(d) “Wholesaler” means any distrib¬ 
utor, jobber, forwarder, commercial dock 
operator (river, lake, or tidewater), or 
other persons (except when engaged in 
retail dealer transactions) who acts in 
the capacity of a seller in a transaction 
involving the resale of solid fuels. 

(e) “Retail dealer” means any person 
(including the retail outlet, branch or 
department of a person who is also a 
Producer or wholesaler) who acts in the 
capacity of a seller of solid fuels in a 
transaction involving the sale, or sale 
and delivery, of broken bulk solid fuels, 
physically handled in less than carload 
lots without regard to quantity or fre¬ 
quency of delivery. 

§ 602.251 Solid fuels in transit are 
subject to reconsignment , diversion or 
rerouting by or at the direction of the 
Solid Fuels Administration for War. No 
producer or wholesaler shall ship or dis¬ 
tribute solid fuels, and no person shall 
receive or arrange for the receipt of solid 
fuels, except upon condition that such 
solid fuels may be reconsigned, diverted 
or rerouted in transit by the Solid Fuels 
Administration for War. 

§ 602.252 Invoicing procedure. Any 
person who is directed to reconsign, di¬ 
vert or reroute solid fuels in transit, or 
who has been notified by the Solid Fuels 
Administration for War that solid fuels 
shipped by such person have been recon¬ 


signed, diverted or rerouted in transit 
by the Solid Fuels Administration for 
War, should invoice the new consignee 
who will have been instructed by the 
Solid Fuels Administration for War to 
remit promptly to the original consignor 
the value of the solid fuels indicated in 
the invoice and to pay all transporta¬ 
tion and other proper charges. 

§ 602.253 Notification to consignor 
and consignee by the Solid Fuels Admin- 
istration for War. Upon any reconsign¬ 
ment, diversion or rerouting by the Solid 
Fuels Administration for War of solid 
fuels in transit, the Solid Fuels Adminis¬ 
tration for War will notify the consignor 
and the original and new consignee of the 
direction which has been issued or the 
reconsignment, diversion or rerouting 
which has occurred. 

§ 602.254 Damages for breach of con - 
tract. No person shall be held liable for 
damages or penalties for any default 
under any contract which shall result di¬ 
rectly or indirectly from compliance with 
this regulation. 

§ 602.255 Action under other regula¬ 
tions. Nothing contained in this regula¬ 
tion shall be deemed to preclude the Solid 
Fuels Administrator for War from taking 
appropriate action under Solid Fuels Ad¬ 
ministration for War Regulation No. 1 
or under any other regulation. 

This regulation shall become effective 
immediately. 

(E.O. 9332, 8 F.R. 5355, E.O. 9125, 7 F.R. 
2719; sec. 2 (a), 54 Stat. 676, as amended 
by 55 Stat. 236 and 56 Stat. 176) 

Issued this 4th day of February 1944. 

C. J. Potter, 
Deputy Solid Fuels 
Administrator for War. 

[F. R. Doc. 44-1803; Filed, February 7, 1944, 
10:13 a. m.J 


[Reg. 151 

Part 602— General Orders and Directives 
restrictions on coal shipment via great 

LAKES 

In order to effectuate the purposes of 
Executive Order No. 9332, and by virtue 
of the authority conferred by that order, 
the following regulation is issued by the 
Solid Fuels Administrator for War: 

§ 602.265 Definitions. For purposes 
of this regulation: 

(a) "Coal” means all bituminous, 
semi-bituminous and sub-bituminous 
coal having calorific value in British 
thermal units of more than seven thou¬ 
sand six hundred per pound or more 
and having a natural moisture content in 
place in the mine of less than 30 per 
centum. 

(b) "Person” means any person, part¬ 
nership, association, business, trust, cor¬ 
poration, government corporation or 
agency, or organized group of persons. 

(c) "Producer” means any person to 
the extent that he is engaged in the busi¬ 
ness of mining coal at a mine producing 
60 tons per day or more, or at a mine 
having rail or river shipping facilities 
regardless of tonnage produced, or any 


person who operates a central washery 
or preparation plant, or the sales agent 
of such persons. 

<d) “Wholesaler” means any person, 
except a receiver, to the extent that he 
purchases and resells coal in not less 
than cargo or railroad car lots and shall 
include, without limitation, distributors, 
jobbers and cooperatives. 

(e) "Receiver” means any commer¬ 
cial dock operator and any industrial 
consumer, or railroad, to the extent that 
he or it receives coal by vessel or barge 
at a dock or other unloading facility 
located on the Great Lakes. 

§ 602.266 Restrictions on shipments 
of coal via the Great Lakes except on 
contracts made before March 1, 1944. 

(a) Producers, wholesalers and lake 
forwarders are prohibited from shipping 
any coal via the Great Lakes to any re¬ 
ceiver except in accordance with a con¬ 
tract for such coal made on or before 
February 29, 1944, or in accordance with 
instructions or directions issued by the 
Solid Fuels Administration for War. 

(b) No receiver in the United States 
shall accept any coal shipped via the 
Great Lakes except in accordance with 
a contract for such coal made on or 
before February 29, 1944. or in accord¬ 
ance with instructions or directions is¬ 
sued by the Solid Fuels Administration 
for War. 

(c) Shipments may be made on any 
contract made on or before February 29, 
1944, for the sale or delivery of coal to 
a receiver, unless prohibited by direc¬ 
tions or regulations hereafter issued by 
the Solid Fuels Administration for War, 

§ 602.267 Information and reports to 
be filed, (a) Each producer, wholesaler 
and lake forwarder of coal shall file on 
or before March 1, 1944, a report indi¬ 
cating, among other things, the ton¬ 
nages, by sizes of coal (including ves¬ 
sel fuel) shipped to or via the Great 
Lakes during the 1942 season and the 

1943 season of lake navigation, the 
names and locations of the purchasers 
or receivers and the total tonnage (in¬ 
cluding vessel fuel) contracted for prior 
to March 1, 1944, to be shipped to or 
via the Great Lakes during the 1944 
season of lake navigation. 

(b) Each receiver of coal shall file on 
or before March 1, 1944, a report indi¬ 
cating, among other things, the ton¬ 
nages by producers, mines, sizes, and 
seams or kinds received during the 1942 
and 1943 seasons of lake navigation and 
the tonnages of coal by producers, mines, 
sizes and seams or kinds contracted for 
prior to March 1, 1944, for shipment 
during the 1944 season of lake naviga¬ 
tion. Each such receiver shall also re¬ 
port the tonnages of coal by sizes and 
seams or kinds which will be necessary 
in addition to the amount of coal for 
which contracts have been made, to meet 
the receiver’s minimum requirements for 
coal during the period beginning May 31, 

1944 and ending May 31, 1945. 

(c) The reports required to be made 
pursuant to this section by producers, 
wholesalers, lake forwarders and receiv¬ 
ers shall be filed in duplicate with the 
Solid Fuels Administration for War, 
Washington 25, D. C., on forms to be 










1502 


FEDERAL REGISTER, Tuesday, February 8, 1944 


prescribed by it and shall show to the 
extent required by such forms the data 
required to be reported in accordance 
with this section. 

§ 602.268 Damages for breach of con¬ 
tract. No person shall be held liable for 
damages or penalties for any default 
under any contract which shall result 
directly or indirectly from compliance 
with this regulation. 

§ 602.269 Action under other regula¬ 
tions. Nothing contained in this regu¬ 
lation shall be deemed to preclude the 
Solid Fuels Administrator for War from 
taking appropriate action under Solid 
Fuels Administration for War Regula¬ 
tion No. 1 or under any other regulation. 

§ 602.270 Approval of Bureau of the 
Budget. The reporting requirements of 
this regulation have been approved by 
the Bureau of the Budget pursuant to 
the Federal Reports Act of 1942. 

§ 602.271 Violations . (a) Any person 
who wilfully violates any provision of 
this regulation or who, by any act or 
omission, falsifies records kept or infor¬ 
mation furinshed in connection with this 
regulation is guilty of a crime and upon 
conviction may be punished by fine or 
imprisonment. 

(b) Any person who wilfully violates 
any provision of this regulation may be 
prohibited from delivering or receiving 
any material under priority control or 
such other action may be taken as is 
deemed appropriate. 

This regulation shall become effective 
immediately. 

(E.O. 9332, 8 F.R. 5355; E.O. 9125, 7 F.R. 
2719; sec. 2 (a), 54 Stat. 676, as amended 
by 55 Stat. 236 and 56 Stat. 176.) 

Issued this 4th day of February 1944. 

Harold L. Ickes, 

Solid Fuels Administrator for War. 

[F. R. Doc. 44-1804; Piled, February 7, 1944; 

10:13 a. m.J 

* 


TITLE 32—NATIONAL DEFENSE 

Chapter III—Bureau of Mines 

Part 301— Control of Explosives and 
Their Ingredients in Time of War or 
National Emergency 

special instructions and reissuance of 

EXPIRED LICENSES 

Pursuant to the authority conferred 
by section 18 of the act of December 26, 
1941 (55 Stat. 863), as amended, §§301.19 
(b), 301.20 (e) and 301.23 (e) of the reg¬ 
ulations under the Federal Explosives 
Act heretofore promulgated 1 * are hereby 
amended to read as follows: 

§ 301.19 Special instructions for man¬ 
ufacturers. 4 • * 

(b) Copies of licenses. Every manu¬ 
facturer of explosives shall furnish a cer¬ 
tified or photographic copy of each of 
his licenses to each of his branch offices 
and shipping magazines and a certified 


1 7 F.R. 305. 1103, 1976, 3876, 4758. 5901, 

6175, 9606; 8 FJEL 1343, 3080, 4141, 15313. 


or photographic copy of at least one of 
his licenses to each of his salesmen who 
handles or demonstrates explosives or 
ingredients. 

§ 301.20 Special instructions for indus¬ 
tries using explosives. • • * 

(e) Posting regulations. Every li¬ 
censed owner or operator of an industry 
using explosives shall keep posted upon 
the premises and available to his em¬ 
ployees a copy of these regulations. 
Free copies may be obtained from licens¬ 
ing agents, explosives investigators and 
district and subdistrict offices of the Bu¬ 
reau of Mines, or by writing to the Ex¬ 
plosives Control Division, Bureau of 
Mines, Department of the Interior, 
Washington 25, D. C. 

§ 301.23 Reissuance of expired 
licenses. * * * 

(e) Expired license part of record. 
Every expired license shall be preserved 
as a part of the records of the licensee to 
whom issued, and every certified or 
photographic copy of every license shall 
be preserved as a part of the records of 
the licensee to whom issued or shall be 
preserved by the person to whom such 
copy is furnished by the licensee. 

R. R. Sayers, 
Director. 

Approved: February 2,1944. 

Michael W. Straus, 

First Assistant Secretary, 
Department of the Interior. 

(F. R. Doc. 44-1794; Filed. February 7, 1944; 

10:09 a. m.J 


Chapter IX—War Production Board 

Subchapter B— Executive Vice-Chairman 

Authority: Regulations in this subchapter 
issued under sec. 2 (a), 54 Stat. 676, as 
amended by 55 Stat. 236 and 56 Stat. 176; 
E.O. 9024, 7 F.R. 329; E.O. 9125, 7 F.R. 2719; 
W.P.B. Reg. 1 as amended March 24, 1943, 
8 F.R. 3666. 3696; Pri. Reg. 1 as amended May 
15, 1943, 8 F.R. 6727. 

Part 1010— Suspension Orders 
(S uspension Order S-4511 
MISSION ELECTRIC COMPANY 

Bernard Morrow is engaged in business 
under the name of Mission Electric 
Company at 19th and Valencia Streets. 
San Francisco, California. During the 
months of January through March, 1943, 
the company assembled about 85 radio 
phonograph combinations for the pur¬ 
pose of sale, without preference ratings, 
to the general public. Most of these in¬ 
struments were sold later in 1943. Such 
assembly constituted a wilful violation of 
Limitation Order L-183, with the provi¬ 
sions of which Mr. Morrow had ample 
opportunity to become familiar. 

This violation of Limitation Order 
L-183 has hampered and impeded the 
war effort of the United States by divert¬ 
ing scarce materials to uses unauthor¬ 
ized by the War Production Board. In 
view of the foregoing, it is hereby or¬ 
dered, that: 

§ 1010.451 Suspension Order No. 
S-451. (a) Bernard Morrow, doing 


business as Mission Electric Company, or 
otherwise, his successors or assigns, shall 
not directly or indirectly, acquire, or 
manufacture electronic equipment, as 
defined in Limitation Order L-205, ex¬ 
cept for use in the maintenance or re¬ 
pair of electronic equipment. 

(b) Nothing contained in this order 
shall be deemed to relieve Bernard Mor¬ 
row, doing business as Mission Electric 
Company, or otherwise, from any re¬ 
striction, prohibition or provision con¬ 
tained in any other order or regulation 
of the War Production Board, except in 
so far as the same may be inconsistent 
with the provisions hereof. 

(c) This order shall take effect on 
February 4, 1944 and shall expire April 
4, 1944. 

Issued this 28th day of January 1944. 

War Production Board, 
By J. Joseph Whelan, 

Recording Secretary. 

(F. R. Doc 44-1747; Filed, February 4, 1944; 

4:38 p. m.J 


Part 1010— Suspension Orders 
[S uspension Order S-454J . 

SOUTHERN HEATER COMPANY, INC. 

Southern Heater Company, Inc., 844 
Baronne Street, New Orleans, Louisiana, 
is a distributor of plumbing and heating 
equipment. During the period from 
October 10.1942 through January 1,1943, 
Southern Heater Company, Inc., sold 
and delivered to ultimate consumers 31 
new metal floor furnaces, amounting in 
value to more than $4,000, in violation 
of Limitation Order L-79. Since at the 
time of the sales the company knew of 
the terms of Limitation Order L-79, its 
violations of that order have been 
deemed wilful. 

These violations of Limitation Order 
L-79 have hampered and impeded the 
war effort of the United States by divert¬ 
ing critical equipment to uses not au-^ 
thorized by the War Production Board. 
In view of the foregoing, it is hereby 
ordered, that: 

§ 1010.454 Suspension Order No. 
S-454. (a) Deliveries of materials to 

Southern Heater Company, Inc., its suc¬ 
cessors or assigns, shall not be accorded 
priority over deliveries under any other 
contract or order, and no preference rat¬ 
ing shall be assigned, applied, or ex¬ 
tended to such deliveries by means of 
preference rating certificates, preference 
rating orders, general preference orders, 
or any other order or regulation of the 
War Production Board, unless hereafter 
specifically authorized in writing bv the 
War Production Board. 

(b) No allocation shall be made to 
Southern Heater Company, Inc., its suc¬ 
cessors or assigns, of any material the 
supply or distribution of which is gov¬ 
erned by any order of the War Produc¬ 
tion Board, unless hereafter specifically 
authorized in writing by the War Pro¬ 
duction Board. 

(c) Nothing contained in this order 
shall be deemed to relieve the Southern 
Heater Company, Inc., its successors or 












1503 


FEDERAL REGISTER, Tuesday , February 8, 1944 


assigns, from any restriction, prohibition 
or provision contained in any other order 
or regulation of the War Production 
Board, except in so far as the same may 
be inconsistent with the provision! 
hereof. 

(d) This order shall take effect on 4th 
day of February 1944 and terminate on 
4th day of April 1944. 

Issued this 28th day of January 1944. 

War Production Board, 
By J. Joseph Whelan, 

Recording Secretary . 

[r. R. Doc. 44-1748; Piled, February 4, 1944; 

4:38 p. in.] 


Part 1170— Used Rail and Used Rail 
Joints 

[Limitation Order L-88 as Amended 
Feb. 6, 1944) 

The fulfillment of requirements for 
the defense of the United States has 
created a shortage in the supply of used 
rail and used rail joints for defense, for 
private account and for export; and the 
following order is deemed necessary and 
appropriate in the public interest and to 
promote the national defense: 

§ 1170.1 Limitation Order L-88 —(a) 

What this amended or der d oes. _This 

amended order keeps the previous con¬ 
trol ove r the dispo sition of u sed rail o f 
rcroll o r scra p grade. However, there is 
no longer any similar control over used 
rai l of re layer gra de or any obligation to 
fur nish used rail after each rece i pt of 
new rail. ^ 

(b) Definitions . For the purpose of 
this order: 

(1) “Person** means any individual, 
partnership, association, business trust, 
corporation, government corporation or 
agency, or any organized group of per¬ 
sons, whether incorporated or not, except 
the Army or Navy of the United States 
and the United States Maritime Commis¬ 
sion. 

(2) “Rail” means the steel rolling mill 
shape known as the “tee rail,** but does 
not include high tee rail from street car 

tracks. 

(3) [ Deleted Feb. 5 , 1944. 1 

(4) “Used rail*’ means rail (weighing 
not less than 35 pounds nor more than 
132 pounds per yard in length, weight 
determination based on steel rolling mill 
weight descriptions) which has been re¬ 
leased from track by the laying of new 
replacement rail or used rail or by retiral 
of the track as a transportation facility. 

(5) [Deleted Feb. 5,19441 

(c) R estrictions on disposition of used 
rail of reroll arid scrap grades . No per¬ 
son shall sell, transfer or otherwise dis¬ 
p ose of any used rail o f rer oll grade or 
scrap grade in any am ount exceeding 10 
tons per mon th, un less spe cifica ll y au¬ 
thorized in wri ting by the War Produ c- 
tion Board^ This restric tion d ocs not 
apply to used rail of relayer grade, nor 
doe s it prevent an y person from using 
used rail of any grade in his own tracks. 

No. 27-2 


(d) Records. All persons affected by 
this order shall keep and preserve for 
not less than 2 years accurate and com¬ 
plete records concerning inventories, 
purchases, sales and use of used rail. 

(e) Audit and inspection . All records 
required to be kept by this order shall, 
upon request, be submitted to audit and 
inspection by duly authorized represent¬ 
atives of the War Production Board. 

(f) Reports. Each person to whom 
this order applies shall file with the 
War Production Board such reports and 
questionnaires as said Board shall from 
time to time require. 

(g) 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 is 
guilty of a crime, and upon conviction 
may be punished by fine or imprison¬ 
ment. In addition, any such person may 
be prohibited from making or obtaining 
further deliveries of, or from processing 
or using, material under priority control 
and may be deprived of priorities 
assistance. 

(h) Appeal . Any person affected by 
this order who considers that compliance 
therewith would work an exceptional and 
unreasonable hardship upon him, or 
that it would result in a serious problem 
of unemployment in the community, or 
that compliance with this order would 
disrupt or impair a program of conver¬ 
sion from nondefense to defense work, 
may apply for relief by addressing a let¬ 
ter to the War Production Board setting 
forth the pertinent facts and the reasons 
why such person considers that he is 
entitled to relief. The War Production 
Board may thereupon take such action. 
If any, as it deems appropriate by the 
amendment of this order or otherwise. 

(1) Communications. A ll communi¬ 
cati ons c o ncerning this o rder should be 
addressed to Scrap Unit, Steel Divis ion, 
War Production Board, Washington 25, 
P. C., Ref.: L-88. 

(j) Applicability of regulation s._This 

order and all transact i ons affected by it 
are subject to all applicable regulations 
of the War Production Board, as 
amended from time to time. 

Note: The record-keeping and reporting 
requirements of thliT order have been apn 
proved by the Bureau ot the Budget pursuant 
to the Federal Reports Act of 1942. 

Issued this 5th day of February 1944. 

War Production Board, 
By J. Joseph Whelan, 

Recording Secretary . 

[F. R. Doc. 44-1757; Filed. February 5, 1944; 

11:16 a. m.j 


Part 3175 —Regulations Applicable to 
the Controlled Materials Plan 
[CMP Reg. 6, Direction 1] 

SPECIAL PROCEDURE FOR GA 1456 AUTHORI¬ 
ZATION 

The following direction is issued pur¬ 
suant to CMP Regulation 6; 


(a) What this direction does. (1) GA 
1456 is the form used in authorizing agri¬ 
cultural, commercial and Industrial con¬ 
struction and all other kinds of construc¬ 
tion except as indicated In paragraph (a) (2) 
below, and in giving priorities assistance 
needed in connection with the construction 
authorized. The form is also used in grant¬ 
ing priorities assistance needed for construc¬ 
tion work of the kind mentioned even though 
no authorization to do construction is 
needed. This direction tells how to buy 
controlled materials and other products and 
materials needed to carry on the construction 
work described in the form. 

(2) This direction does not apply to a 
person doing construction work which has 
been authorized or rated on forms other than 
GA 1456. Other forms are used for housing 
(except farm houses, certain apartment 
buildings and hotels which use a GA 1456): 
for certain kinds of construction carried on 
by the Army and Navy; for water, gas, steam 
heating, electric power, telephone and tele¬ 
graph faculties for use by the pubUc; for 
petroleum facilities; and for certain other 
specialized kinds of construction which are 
provided for under blanket orders of the 
WPB or by special authorization forms. 
CMP Regulation No. 6 and other directions 
to that regulation tell how construction of 
the kinds mentioned In this sub-paragraph 
(a) (2) is handled under the Controlled 
Materials Plan. 

(b) Applications and authorizations. An 
application for an authorization on form 
GA 1456 should be made on form WPB-617. 
An application to amend an authorization 
on GA 1456 should also be made on form 
WPB-617. The authorization on form GA 
1456 wiU contain various provisions limiting 
the kinds of material which may be used in 
the Job and the type of construction which 
Is permitted. The allotment symbol and 
preference rating may only be used to order 
materials and equipment needed to complete 
the project in accordance with the terms of 
the authorization. 

(c) Allotment symbol and preference rat¬ 
ing. The allotment symbol F-6 and the pref¬ 
erence rating assigned by the GA 1456 au¬ 
thorization may be used to order all products, 
machinery, equipment and material, other 
than machinery and equipment of the kind 
that must be listed in section III of WPB- 
617, needed to complete the project. The 
symbol and rating may also be used to order 
those Items of machinery and equipment of 
the kind that must be listed in section III 
of WPB-617 which have been approved under 
the terms of the authorization on GA 1456. 

(d) How to order materials. (1) The 
allotment symbol may be used to order con¬ 
trolled materials and Class A products by: 

(1) The applicant; 

(ii) By manufacturers of Class A product* 
or Class A components of Class A products 
to be incorporated in the project; 

(ill) By contractors and sub-contractors 
doing all or any part of the construction 
work. 

The applicant must not use the allotment 
symbol or give others the right to use it 
before he has received a GA 1456 authoriza¬ 
tion. A manufacturer, contractor or subcon¬ 
tractor must not use It, or give others the 
right to use it, unless he has received a 
statement in substantially the following form 
endorsed on the order or contract by the 
person placing it, signed manually or In the 
way explained in Priorities Regulation 7: 

Serial Number_ (Identifying proj¬ 

ect). You are authorized to use the allot¬ 
ment symbol F-6 to order controlled mate¬ 
rials and Class A products needed to fill this 
order or contract. 

It is not necessary to Bhow the quantities 
of controlled materials in this statement. 
Its use shall constitute a representation by 
the person signing it to the person with 























































1504 


FEDERAL REGISTER, Tuesday, February 8, 1944 


whom the order or contract Is placed, and to 
the War Production Board, subject to the 
penalties ol section 35A of the United States 
Criminal Code, that he has the right to au¬ 
thorize the person with whom the order or 
contract is placed to use the allotment sym¬ 
bol to fill the order or contract. The stand¬ 
ard form described in Priorities Regulation 7 
cannot be used instead of the above state¬ 
ment. 

(2) The preference rating may be used to 
order all materials other than controlled ma¬ 
terials. If an applicant, contractor or sub¬ 
contractor orders a Class A product the cer¬ 
tificate described In Priorities Regulation 7 
must be used in addition to the statement 
set forth in paragraph (d) (1) above. If a 
contractor or sub-contractor needs a pref¬ 
erence rating to buy materials the rating may 
be given him by use of the certificate set 
forth in Priorities Regulation 7. In using the 
rating to buy all products and materials other 
than controlled materials or Class A products 
the certificate in Priorities Regulation 7 must 
be used and the allotment symbol F-6 must 
be used along with the preference rating for 
purposes of identification. 

(3) Each person using the allotment sym¬ 
bol or preference rating must maintain at 
his regular place of business, for a period of 
two years, records of the right to use the 
symbol or preference rating, records, kept by 
serial number identifying the project, of the 
amount of materials ordered with the allot¬ 
ment symbol or rating and records showing 
that the materials so ordered were used for 
the purpose for which the right to use the 
symbol or rating was granted. 

(4) The use of the allotment symbol F-6 
will not be limited to any particular month 
or quarter and, therefore, no quarterly iden¬ 
tification need be shown when using it. Au¬ 
thorized controlled material orders must, 
however, show the month in which delivery 
is requested. The allotment symbol may not 
be used in placing authorized controlled ma¬ 
terial orders after the expiration date of the 
project but delivery after such date may be 
specified on orders placed before then. 

(5) The allotment symbol and preference 
rating must not be used to order materials 
In greater quantities, or on earlier dates, then 
needed for the construction. It may be used 
not only to order materials needed for the 
construction but also to replace in inventory 
materials used for the construction. Atten¬ 
tion is called to CMP Regulation No. 2 which 
places a restriction on inventories of con¬ 
trolled materials which must be complied 
with. 

(6) A person who has the right under this 
direction to use an allotment symbol in order¬ 
ing controlled materials must endorse the 
symbol on his order and the form of certifi¬ 
cation set out in CMP Regulation No. 7, signed 
manually or in the way explained in Priori¬ 
ties Regulation No. 7. An order so endorsed 
is an authorized controlled material order 

(i) if it is a “delivery order” as defined in par¬ 
agraph (b) (9) of CMP Regulation No. 6, 

(ii) if it is in sufficient detail to permit entry 
on mill schedules and (ill) if, when placed 
with a controlled materials producer, it is 
received at such time in advance as is speci¬ 
fied in Schedule III of CMP Regulation No. 1, 
or at such later time as the controlled ma¬ 
terials producer may find it practicable to 
accept the same. 

(e) This direction shall become effective 
on February 15, 1944. 

Issued this 5th day of February 1944. 

War Production Board, 
By J. Joseph Whelan, 

Recording Secretary. 

IF. R. Doc. 44-1758; Filed, February 5, 1944; 

11:16 a. m.J 


Part 3208 —Scheduled Products 
[T able 8 to General Scheduling Order M-298, 

Direction 1 as Amended Feb. 5, 1944[ 

PRODUCTION OF BOILERS FOR STOCK 

The following amended direction is 
issued pursuant to Table 8 to General 
Scheduling Order M-293: 

In order to conserve materials and manu¬ 
facturing facilities for the production of land 
power boilers, boiler units and auxiliaries 
listed on Table 8 of General Scheduling Or¬ 
der M-293, and to prevent the accumulation 
of duplicate stocks of such boilers, units and 
auxiliaries in the hands of manufacturers, 
dealers and warehouses, the following Direc¬ 
tion under Table 8 of M-293 is issued: 

(1) Notwithstanding the provisions of Pri¬ 
orities Regulation 1, or of paragraphs (c) (2) 
and (d) (2) of General Scheduling Order 
M-293. no manufacturer shaU, without spe¬ 
cific authorization from the War Production 
Board, begin production of any boUer, boiler 
unit or auxiliary listed on Table 8 of Gen¬ 
eral Scheduling Order M-293, which the man¬ 
ufacturer knows, or has reason to believe, 
will be held in the stock of any manufac¬ 
turer, wholesaler, dealer or any other person 
rather than shipped directly for installation. 

(2) Application for such specific authori¬ 
ze ion should be made by letter addressed to 
War Production Board, W ashington 25, D. C., 
Re ference~M-2937Table 8. 

Issued this 5th day of February 1944. 

War Production Board, 
By J. Joseph Whelan, 

Recording Secretary. 

[F. R. Doc. 44-1759; Filed, February 5, 1944; 

11:25 a. m.] 


Part 3286 1 —Miscellaneous Minerals 

[General Preference Order M-109 as Amended 
Feb. 5, 1944] 

ROUGH DIAMONDS 

Section 3286.26 1 General Preference 
Order M-109 is hereby amended to read 
as follows: 

§ 3286.26 General Preference Order 
M-109 —(a) Applicability of regulations. 
This order and all transactions affected 
hereby are subject to all applicable pro¬ 
visions of War Production Board regula¬ 
tions as amended from time to time. 

(b) Reports of stocks. Every dealer, 
toolmaker, and cutter and polisher, and 
every other person other than a con¬ 
sumer, who at any time during the cal¬ 
endar quarter ending March 31, 1944, 
or at any time during any calendar quar¬ 
ter thereafter, has title to 250 carats or 
more of rough diamonds in any form, 
including those incorporated in any un¬ 
used tool or other industrial device, shall 
file Form WPB-749 (formerly PD-376) 
in duplicate with the War Production 
Board, on or before the 15th day of the 
month succeeding the end of the quar¬ 
ter. 

(c) Reports of sales or transfers of 
loose rough diamonds in quantities of 
25 carats or more and of crushing bortz 
in quantities of 100 carats or more. Be¬ 
ginning February 5,1944, no person shall 
purchase, or otherwise acquire title to, 
and no person shall sell or otherwise 


1 Formerly Part 1131, 8 1131.1. 


transfer to any one purchaser, any 
crushing bortz in a quantity of 100 carats 
or more, or other rough diamonds, which 
have not been incorporated in a tool or 
other industrial device, in a quantity of 
25 carats or more, in any calendar month, 
unless both purchaser and seller ex¬ 
ecute Form WPB-751 (formerly PD-377) 
in quadruplicate, signed manually or as 
provided in Priorities Regulation No. 7. 
One copy of the completed form shall be 
returned to the purchaser, one copy shall 
be retained by the seller, and two copies 
shall be filed by the seller with the War 
Production Board within 10 days after 
the sale or transfer to which the form 
relates. 

(d) Reports of imports. Imports of 
rough diamonds shall not be subject to 
the provisions of paragraph (c). Be¬ 
ginning February 5, 1944, every person 
who imports any rough diamonds shall, 
within 10 days after receipt of each im¬ 
ported shipment, file with the War Pro¬ 
duction Board Form WPB-751 in dupli¬ 
cate, giving all the information required 
thereby to be furnished by the purchaser. 
Such report shall give the name of, but 
need not be signed by, the person from 
whom such imported rough diamonds 
were acquired. 

(e) Reports of sales or transfers of 
loose rough diamonds in quantities less 
than 25 carats, of crushing bortz in 
quantities less than 100 carats, and of 
rough diamonds in tools. Beginning 
February 5,1944, every person who makes 
any sale or transfer of loose rough dia¬ 
monds in a quantity of less than 25 
carats, or of crushing bortz in a quantity 
of less than 100 carats, or of rough 
diamonds (regardless of quantity) phys¬ 
ically incorporate?! in an unused tool 
or other industrial device, shall file with 
the War Production Board on or before 
the 15th day of the month succeeding 
the month in which the sale or transfer 
occurred Form WPB-750 (formerly PD- 
378) in duplicate covering all sales and 
transfers made during the preceding 
month which have not been covered by 
certificates filed in accordance with 
paragraph (c). 

(f) Restrictions upon industrial sales. 
Beginning February 5, 1944, no person 
shall sell or transfer rough diamonds not 
incorporated in a tool or other industrial 
device, and no person shall purchase or 
accept a transfer of rough diamonds not 
incorporated in a tool or other indus¬ 
trial device, unless: 

(1) The sales or transfers aggregate 
less than 100 carats of crushing bortz or 
less than 25 carats of other rough dia¬ 
monds to a single customer in a single 
calendar month: Provided, however. 
That all such sales or transfers shall be 
reported on Form WPB-750 in accord¬ 
ance with paragraph (e); or 

(2) The sales or transfers are to fill 
orders bearing a preference rating of 
AA-5 or higher: Provided, however, That 
all such sales or transfers shall be re¬ 
ported on Form WPB-751 in accordance 
with paragraph (c), giving in each case, 
in addition to all other information re¬ 
quired by such form, the preference rat¬ 
ing of the order pursuant to which the 
sales or transfers were made; or 












FEDERAL REGISTER, Tuesday ; February 8 , 


1305 


(3) The sales or transfers are specifi¬ 
cally authorized by the War Production 
Board in accordance with the following 
procedure: 

When the sale or transfer has been 
negotiated, the seller or transferor shall 
immediately package and seal the dia¬ 
monds and shall hold them subject to 
authorization or disapproval of the 
transaction by the War Production 
Board; and seller and purchaser shall 
immediately apply to the War Produc¬ 
tion Board for authorization to make the 
sale or transfer, upon Form WPB-751, 
plainly marked “Application” for this 
purpose, giving all the information re¬ 
quired by the form. This application 
shall be executed by both the seller and 
the purchaser and shall be filed with the 
War Production Board, Empire State 
Building, New York, New York, Ref: 
M-109, in Quadruplicate. If the seller 
has not received written authorization or 
disapproval of the transaction from the 
War Production Board within a period of 
10 days from the date of filing the appli¬ 
cation with the War Production Board, 
the application shall be considered as 
having been disapproved. Sales or 
transfers made pursuant to express au¬ 
thorization shall be considered as hav¬ 
ing been duly reported for the purposes 
^__£iparagraph (c). 

The restrictions of this paragraph (f) 
shall apply to sales or transfers for ex¬ 
port as well as to domestic transactions. 

(g) Restrictions upon cut table sales. 
Beginning February 5, 1944, except as 
authorized in writing by the War Pro¬ 
duction Eoard, no person shall sell, 
transfer, or use any rough diamond as 
a cuttable stone or for the purpose of 
making a gem therefrom, which he ac¬ 
quired as an industrial stone. If the 
stone was acquired as part of an allot¬ 
ment, assortment, or series of industrial 
stones, it shall be conclusively presumed 
that the stone is an industrial stone. 
Application for such authorization shall 
be filed with the War Production Board 
on Form WPB-751. 

(h) Federal Reports Act of 1942. The 
reporting requirements of this order have 
received the approval of the Bureau of 
the Budget pursuant to the Federal Re¬ 
ports Act of 1942. 

(i) Appeals. Any appeal from the 
provisions of this order shall be made by 
filing a letter in triplicate, referring to 
the particular provisions appealed from, 
and stating -fully the grounds of the ap¬ 
peal. 

(j) Communications and reports. All 
reports, applications, and certificates re¬ 
quired to be filed under this order and all 
communications concerning this order 
shall be addressed to: War Production 
Board, Empire State Building, New York, 
New York, Ref: M-109. 

(k) 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 is 
guilty of a crime, and upon conviction 
may be punished by fine or imprison¬ 
ment. In addition, any such person may 
be prohibited from making or obtaining 
further deliveries of, or from processing 


or using, material under priority control 
and may be deprived of priorities assist¬ 
ance. 

(1) Definitions. As used In this order: 

(1) “Rough diamonds” means any dia¬ 
mond material that has not been cut and 
polished as a gem stone, and, unless 
otherwise stated, shall include rough dia¬ 
monds incorporated in an unused tool 
or other industrial device. 

(2) “Crushing bortz” means the low¬ 
est grade of rough diamonds, useful only 
after having been crushed into powder. 

(3) “Dealer” means any person whose 
principal business, as far as concerns 
rough diamonds, is the buying and selling 
of rough diamonds, and who only inci¬ 
dentally, if at ail, incorporates such dia¬ 
monds in tools or other industrial devices, 
or cuts, polishes, or otherwise consumes 
them. 

(4) “Toolmaker” means any person 
whose principal business, as far as con¬ 
cerns rough diamonds, is the manufac¬ 
ture of tools or other industrial devices 
containing diamonds, and who only in¬ 
cidental! y, if at all, consumes in other 
ways, or sells rough diamonds. 

(5) “Cutter and polisher” means any 
person whose principal business, as far 
as concerns rough diamonds, is the cut¬ 
ting or polishing, or cutting and polish¬ 
ing, of rough diamonds for use as gem 
stones, and who only incidentally, if at 
all, sells rough diamonds or consumes 
them in other ways. The term includes 
any person who has such cutting and 
polishing done for him by others under 
toll agreement or otherwise. 

(6) “Consumer” means any person, 
other than a dealer, toolmaker, or cutter 
and polisher, who uses rough diamonds, 
either loose or incorporated in tools or 
other industrial devices, by applying 
them to some business or industrial use. 
The term does not include a trustee or 
agent who holds rough diamonds for the 
account of some other person, unless such 
other person is a consumer; nor does it 
include any person who holds rough dia¬ 
monds for investment or speculative 
purposes. 

Issued this 5th day of February 1944. 

War Production Board, 
By J. Joseph Whelan. 

Recording Secretary. 

[F. R. Doc. 44-1761; Filed. February 5, 1944; 

11:16 a. m.J 


Part 3290— Textile, Clothing and 
Leather 

[General Limitation Order L-215, as Amended 
Feb. 5, 1944| 

TEXTILE, CLOTHING AND LEATHER 
MACHINERY 

The fulfillment of requirements for the 
defense of the United States has created 
a shortage in the supply of textile, cloth¬ 
ing and leather machinery for defense, 
for private account and for export; and 
the following order is deemed necessary 
and appropriate in the public interest 
and to promote the national defense: 

§ 3290.150 General Limitation Or - 
der L-315 —(a) Applicability of regula¬ 
tions. This order and all transactions 


affected thereby are subject to all ap¬ 
plicable regulations of the War Produc¬ 
tion Board, as amended from time to 
time. 

(b) Restrictions on purchases of tex¬ 
tile, clothing and leather machinery. 
No person (including dealers) shall, in 
any transaction of purchase, lease or 
rent, accept delivery of any machinery 
of the kinds on List A at the end of this 
order without obtaining the approval of 
the War Production Board on Form 
WPB-1823 (formerly PD-744) or Form 
WPB-617 (formerly PD-200). Applica¬ 
tion for such approval must be filed 
whether the machinery in question is 
new, used or rebuilt, unless exempted 
in paragraph <d) below. 

In determining w r hether to grant or 
deny applications on Form WPB-1823, 
the War Production Board will give con¬ 
sideration to the following: availability 
of the type of machinery in question; 
the essentiality of the output of activity 
for which such machinery is to be used; 
the productive capacity and condition 
of the machinery to be replaced or sup¬ 
plemented; the labor supply in the area 
where the machinery is proposed to be 
used, and any other factors peculiar to 
the particular application. 

(c) Production and sales schedules of 
machinery manufacturers. Each person 
constructing or assembling for sale or 
lease any machinery oh List A, or recon¬ 
ditioning or rebuilding any textile ma¬ 
chinery or equipment for sale or lease, 
shall file a schedule for the purpose of 
obtaining approval of his production and 
deliveries and shall keep his production 
and deliveries within the limits author¬ 
ized on these schedules after they have 
been approved. No person whose opera¬ 
tions are covered by this paragraph shall 
conduct such operations except in ac¬ 
cordance with an approved schedule. 

The schedule filed by manufactu rers of 
textile m achinery and cott on ginning 
an d d elinting m achiner y shall be on 
Form WPB-1805 (f ormerlyPD^746 >7and 
shall be filed on or before the~ 15th day 

of each month. S chedules of manufac¬ 
turers of other types of nr i: on 

List A shall be filed on'Form WPB-1806 
(formerly WPB-745) not later than 15 
da ys from the end of each calendar 
quarter. 

(d) Exceptions. It shall not be neces¬ 
sary to file applications or schedules un¬ 
der paragraph (b) or (c) with respect to 
the following: 

_(l)_Used orjrebuilt textile machinery, 

(2) The following tanning, sho e, shoe 
repairing and other leather working ma- 

chinery^ 

(I) Used or reb uilt ta nning ma chinery, 
whet her s old, lea sed or rented; 

(II) U se d or rebu ilt shoe man ufac tur¬ 
ing machinery, whether sold .leaded jor 
rented, ex ce pt ey eletting , clicking, dink- 
ing an d skiving machinery ; 

(ill) N e w, used or rebuilt shoe repair¬ 
in g machinery sold fo r less^than $50; 

(lv) All other leather working ma- 
chinery sold for less than $200, except 








































1506 


FEDERAL REGISTER, Tuesday , February 8 , 1944 


clicking, dinking and skiving machinery, 
and power driven e ye letting machines. 

(3) Used or rebuilt industrial sewing 
machines, whether sold, leased or rented. 

(4) [Deleted. Feb. 5, 1944J 

(5) Used or reb uilt cotton ginning and 
delinting m achinery. 

(6) Parts purchased for repair, main¬ 
tenance or operating supplies, as defined 
in Preference Rating Order P-139. 

(7) Parts and attachments to indus¬ 
trial sewing, clothing, shoe and leather 
working machinery, where such attach¬ 
ments are purchased only for conversion 
purposes. 

(8> The delivery of machinery or at¬ 
tachments as a part of a transaction in¬ 
volving the transfer of all or substan¬ 
tially all of the assets of an enterprise, 
where no liquidation or dismemberment 
of assets is contemplated and where the 
enterprise is to be continued and the 
products to be made are to be substan¬ 
tially the same in quantity and type. 

It is not necessary to file any applica¬ 
tion or schedule under this order with 
respect to any type of machinery cov¬ 
ered by General Limitation Order L-91. 

<e) Appeals. Any appeal from the 
provisions of this order shall be made by 
filing a letter in triplicate, referring to . 
the particular provision appealed from 
and stating fully' the grounds of the 
appeal. 

(f) Communications to the War Pro¬ 
duction Board . All reports required to 
be filed hereunder, and all communica¬ 
tions concerning this order, shall, unless 
otherwise directed, be addressed to: War 
Production Board, Textile, Clothing and 
Leather Division, Washington 25, D. C. 

(g) 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, is 
guilty of a crime, and upon conviction 
may be punished by fine or imprison¬ 
ment. In addition, any such person may 
be prohibited from making or obtaining 
further deliveries of, or from processing 
or using material under priority control 
and may be deprived of priorities assist¬ 
ance. 

Issued this 5th day of February 1944. 

War Production Board, 

By J. Joseph Whelan, 

Recording Secretary. 

• List A 

Leather working machinery: 

Tanning machinery. 

Shoe manufacturing machinery. 

Shoe repairing machinery. 

Other leather working machinery. 

Textile machinery and equipment (machin¬ 
ery and mechanical equipment used in 
mills for carding, combing, spinning, 
throwing, weaving, winding, knitting, 
printing, bleaching, dyeing and otherwise 
processing or finishing cotton, wool, silk, 
flax, hemp. Jute and other fibers and prod¬ 
ucts of these fibers.) 

Industrial sewing machines. 

Cotton ginning and delinting machinery. 

Note: “Clothing machinery” was deleted 
from the restricted list on February 5, 1944. 

IF. R. Doc. 44-1760; Filed. February 5, 1944; 

11:16 a. m.] 


Part 1226— General Industrial 
Equipment 

[General Conservation Order L-318, 
Revocation J 

SPOT WELDING ELECTRODES 

Section 1226.108 Order L-318 is here¬ 
by revoked. This revocation does not 
affect any liabilities incurred under the 
order. The manufacture and delivery 
of Spot Welding Electrodes remain sub¬ 
ject to all applicable regulations and 
orders of the War Production Board. 

Issued this 7th day of February 1944. 

War Production Board, 
By J. Joseph Whelan, 

Recording Secretary. 

IF. R. Doc. 44-1831 Filed, February 7, 1944; 
11:14 a. m.J 


Part 3288— Plumbing and Heating 
Equipment 

[General Limitation Order L-199 as Amended 
Feb. 7, 1944] 

PLUMBING & HEATING TANKS 

§ 3288.6 General Limitation Order 
L-199 —(a) Definitions. For the purpose 
of this order: 

(1) “Tank” means any metal expan¬ 
sion tank, metal domestic hot water stor¬ 
age tank, metal range boiler, metal tank 
for any underfired storage water heater 
and metal tank for hot water generators, 
if the tank or range boiler is used in 
domestic hot water supply systems or in 
hot water space heating systems. 

(2) “Domestic hot water supply sys¬ 
tem” means any system for supplying 
hot water used in whole or in part for 
bathing, washing, cleaning, cooking or 
other similar purposes. The term does 
not include any system for supplying hot 
water solely for specialized industrial or 
agricultural purposes. 

(3) “Hot water space heating system” 
means any system which is designed for 
the purposes of heating the interior of a 
building or other structure (including 
ships) by utilizing the heat of hot water. 

(4) .“Metal jacket” means any metal 
covering (but not any metal band two 
inches or less in width used to support 
dry insulation) for a tank, except any 
ferrous metal wire netting used as a base 
for the wet application of insulating ma¬ 
terials. 

(5) “Metal tank support” means any 
metal device used for the purpose of 
suspending or supporting a tank and in¬ 
cludes. but is not limited to. stands, pipe 
stands, brackets, cradles, platforms, sad¬ 
dles. hangers, legs, feet and angle, 
I-beam, channel and other structural 
iron or steel framework. 

It does not include strap iron hangers, 
cast iron range boiler stands, supports 
for a metal tank for underfired storage 
water heater, cast iron cradles, cast iron 
legs and cast iron feet for water storage 
tanks. 

<6) “Copper base alloy” means any 
alloy metal in the composition of which 
the percentage of copper metal by weight 
equals or exceeds 40 per cent of the total 
weight of the alloy. It includes alloy 
metal produced from scrap. 

(7) “Stainless steel” means corrosion 
or heat resistant alloy iron or alloy steel 


containing 10 per cent or more of chro¬ 
mium with or without nickel or other y 
alloying elements. 

(8) “Producer” means any person who 
manufactures, fabricates or assembles 
new tanks. 

(b) Manufacture and installation of 
metal jackets and supports. No person 
shall manufacture, or fabricate, any 
metal jacket or any metal tank support 
(whether or not for repair or replace¬ 
ment) except: 

(1) To fill a specific contract, subcon¬ 
tract, or purchase order for use as part 
of the equipment of any aircraft, or any 
vessel other than pleasure craft: or 

(2) For a tank which is an integral 
part of a machine. 

(c) Use of copper and alloy steel in 
manufacture. No person shall use in the 
manufacture of a tank any copper, cop¬ 
per base alloy, non-ferrous metal, stain¬ 
less steel, or monel metal except: 

(1» For repair and replacement parts; 

(2) For temperature, pressure, vac¬ 
uum safety valves; 

(3) To the extent necessary to con¬ 
form to the specifications, other than 
performance specifications, of the prime 
contractor in the manufacture of any 
tank which is being produced under a 
specific contract, subcontract, or pur- 

. chase order for use as part of the equip¬ 
ment of any aircraft, or vessel for deliv¬ 
ery to, or for the account of the Army. 
Navy, Maritime Commission or War 
Shipping Administration of the United 
States. 

id) Use of copper in installation of 
repair and replacement parts. (1) No 
person may install tank parts containing 
a total of more than two pounds of cop¬ 
per and copper base alloy as repair or 
replacement unless he takes from the 
tanks to be repaired at least an equal 
amount of these metals, within one 
pound, and arranges for its repair for 
re-use, or turns it in to a scrap dealer-or 
other person who may accept delivery 
under Order M-9-b. Any replaced 
monel metal or stainless steel must also 
be repaired for re-use or delivered to a 
scrap dealer. 

(2) No person may deliver or install 
copper, copper base alloy, monel metal 
or stainless steel tanks in existing inven¬ 
tories except to replace a non-ferrous 
tank of similar capacity or larger. 

(e) Restrictions on manufacture of 
range boilers and tanks. (1) No person 
may fabricate, manufacture-or assemble 
black iron, galvanized iron, or porcelain 
enameled range boilers; black iron or 
galvanized iron expansion tanks; or 
black iron or galvanized iron hot water 
storage tanks, except in accordance with 
the specifications in Schedules A, B, C, 
and D. 

(2) The above restrictions shall qot 
apply 

(i) To any boiler or tank which, be¬ 
fore the restrictions became applicable 
to it. was so machined or processed that 
its manufacture, in accordance with the 
schedules, would be impracticable. 

(ii) To black iron or galvanized iron 
hot water storage tanks manufactured, 
fabricated or assembled of materials in 
any producer’s inventory before Decem¬ 
ber 1, 1943. 











FEDERAL REGISTER, Tuesday, February 8, 1944 


1507 


Type 

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1508 


FEDERAL REGISTER, Tuesday , February 8, 1944 


to the extent that it is hydrogen-reduced 
powder, ingot, wire, rod or sheet, or fur¬ 
ther fabricated into shapes, such as, but 
not limited to, coils, filaments, spirals, 
grids, welds, leads or plates, but does not 
include tungsten in the form of carbon- 
reduced powder or tungsten contacts. 

(2) “Molybdenum products” means 
the element molybdenum in pure form 
fabricated to the extent that it is hydro- 
gen-reduced powder, ingot, wire, rod or 
sheet, or further fabricated into shapes 
such as, but not limited to, coils, fila¬ 
ments, spirals, grids, welds, leads or 
plates, but does not include molybdenum 
in the form of carbon-reduced powder 
or molybdenum contacts. 

(3) “Alloy products” means any ingot, 
wire, rod or sheet which contains sub¬ 
stantially pure tungsten and molyb¬ 
denum but no other material. 

(4) “Processor” means any person who 
produces tungsten or molybdenum in 
the form of hydrogen-reduced powder, 
ingot, wire, rod or sheet. 

(b) Applicability of regulations. This 
order and all transactions affected 
thereby are subject to all applicable pro¬ 
visions of the regulations of the War 
Production Board. 

(c) Restrictions on deliveries . No 
person shall make delivery of, and no 
person shall accept delivery of, tungsten 
products, molybdenum products or alloy 
products without the specific authoriza¬ 
tion in writing of the War Production 
Board. The restrictions of the first sen¬ 
tence of this paragraph shall not apply 
to deliveries between affiliates, or to de¬ 
liveries from one branch, division, de¬ 
partment, or section of a single enter¬ 
prise to another branch, division, depart¬ 
ment, or section of the same enterprise, 
of molybdenum products, tungsten prod¬ 
ucts or alloy products to be made into 
ingot, rod, wire or sheet; but they shall 
apply to all deliveries of molybdenum 
products, tungsten products or alloy 
products between affiliates, and to intra¬ 
company deliveries thereof, in all cases 
not just mentioned. In addition, use of 
rod to make contacts shall be deemed a 
delivery when the rod and contacts are 
manufactured in the same branch, di¬ 
vision, department or section of a single 
enterprise. 

( d) Reports an d applicati ons. (1 ) 
Each process or sh all file, in s uch manner 
as the Wa r Prod uct ion B oard may from 
time t o ti me pres cribe, r e ports w ith the 
W ar Production Bo a rd on or before t he 
seventh d a y of each calen dar month, 
showing his proposed production of 
tung sten products, molybdenum prod- 
u cts or al loy prod ucts for the second 
succ eeding calendar month. Fo r ex¬ 
ample, report s to be filed on or before 
the seventh d a y of F ebruar y will show 
proposed production for April. 

(2 > Each person who desires to ac¬ 
quire an y tungsten products, mo lyb¬ 
denum products or alloy products shall 


apply to the War^Production Boar d fo r 
an authorization which, if granted, will 
permit his supplier to deliver the desire d 

tun gsten products, molybden um prod- 
ucts o r all oy products. Th e application 
shall be made not later than the first day 
of t he second_month_prec^ing the 
month in which delivery of t he tu ngs ten 
produc ts, molyb denum pr oducts or alloy 
products is desired, on Form WPB-2868 
and/or WPB-765, or su ch other form a s 
the War Production Board may from 
time toHfclme prescri be. For e xample, 

appli cations sha ll be ma de not lat er than 

the first day of Mar ch for del iveries de¬ 
sire d in May. All su ch a pplications 
mus t be accom panied by reports of the 
applicant on Form WPB-287 0 and /or 

WPB-2446, or on s uch other form as m ay 
be p rescribed for t he p ur pose from tim e 

to time by the War Production B oard. 

In order to f acilitate the desi re d de l iver y 
of tungsten p roducts , mol ybden um 
products or alloy products, it i s im¬ 

perative that e ach a pplica nt file with his 
supplier a copy of Form WPB-2868 
and/or WPB-765 broken down into_the 
various cat egories at the sa me time he 
submits the original ap plication to t he 
War Production Board on thatjorm. 
Failure Jpy that person to file ^his copy 
with_his sup plier on the date s pecified 

may res ult in his failing to secure an 

allocation. 

(e) 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, is 
guilty of a crime, and upon conviction 
may be punished by fine or imprison¬ 
ment. In addition, any such person may 
be prohibited from making or obtaining 
further deliveries of, or from processing 
or using, material under priority control 
and may be deprived of priorities assist¬ 
ance. 

Communicat ions to t he W ar Produc - 
tion Board. AU _reports^ required to be 
filed hereunder, and all commu nicati ons 

concerning this_order^ shall, unless 

otherwise directed, be addr essed to the 
Radio and Rada r Division, War Produc- 
tion Board , Washington 25, D. C., Ref¬ 
erence M-369. 

Note: The reporting provisions of this 
order have been approved by the Bureau of 
the Budget pursuant to the Federal Reports 
Act of 1942. 

Issued this 7th day of February 1944. 

War Production Board, 
By J. Joseph Whelan, 
Recording Secretary . 

[F. R. Doc. 44-1833; Filed, February 7, 1944; 
11:14 a. m.J 


Part 3293— Chemicals* 

lAllocation Order M-334. as Amended Feb. 7, 
1944] 

SODIUM PHOSPHATES 

The fulfillment of requirements for 
the defense of the United States has 
created a shortage in the supply of so¬ 
dium phosphates for defense, for private 
account and for export; and the fol¬ 
lowing order is deemed necessary and 
appropriate in the public interest and 
to promote the national defense: 

§ 3293.476 1 Allocation Order A/-334— 
(a) Definitions. (1) “Sodium phos¬ 
phate” means di sodium phosphate, 
tri sodium phosphate, tetra sodium 
pyrophosphate, sodium tetra phosphate, 
sodium hexameta phosphate (in soluble 
form only) and sodium tri poly phos¬ 
phate. The term includes sodium phos¬ 
phates in both the anhydrous and hy¬ 
drated forms. 

(2) “Producer” means any person en¬ 
gaged in the production of sodium phos¬ 
phates and includes any person who has 
any such material produced for him 
pursuant to toll agreement. 

(3) “Primary distributor” means any 
person who purchases sodium phos¬ 
phates direct from a producer for pur¬ 
poses of resale as sodium phosphates. 

(4) “Supplier” means a producer, 
primary distributor or any other person 
who purchases sodium phosphates for 
resale as sodium phosphates. f 

(5) “Allocatio n period” means"one of 

the following bi-monthly periods: 

January-Februa ry. 

March-ApriL 

May^June. 

July-August. 

September-October. 

flovember-December. 

(b) Restrictions on delivery. (1) On 
and after July 1, 1943, no producer or 
primary distributor shall deliver any so¬ 
dium phosphate to any person except as 
specifically authorized or directed in 
writing by War Production Board. No 
person shall accept delivery of sodium 
phosphate which he knows or has rea¬ 
son to believe is delivered in violation of 
this order. 

(2) Authorizations or directions with 
respect to deliveries to be made in each 
allocation period by producers and pri¬ 
mary distributors will so far as practi¬ 
cable be issued by War Production Board 
prior to the commencement of such 
allocation period (in the normal case on 
Form WPB -2947 (fo rmerly PD-602) filed 
pursuant to paragraph (f) (1) hereof), 
but War Production Board may at any 
time issue directions with respect to de¬ 
liveries to be made. 

(3) In the event that any producer or 
primary distributor after receiving no¬ 
tice from War Production Board with re¬ 
spect to a delivery of sodium phosphates 
which he is authorized or directed to 


1 Formerly Part 3272, § 3272.1. 









































































































FEDERAL REGISTER, Tuesday , February 8 , 1944 


1509 


make to any specific customer, shall be 
unable to make such delivery either be¬ 
cause of receipt of notice of cancellation 
from such customer or otherwise, such 
producer or primary distributor shall 
forthwith give notice of such fact to War 
Production Board, Chemicals B urea u, 
Washington 25, D. C., Ref: M-334, and 
shall not, in the absence of specific 
authorization or direction in writing 
from War Production Board, sell or 
otherwise dispose of the sodium phos¬ 
phates which he is unable to deliver as 
aforesaid, 

(c) Restrictions on use . (1) On and 

after July 1. 1943, no producer shall use 


wiU be used by him for the following pur- 
purpose (s) only: 

Use A _lbs. 

Use B .lbs. 

IT. That the quantity of each sodium phos¬ 
phate hereby ordered for delivery in such 
month, taken with all other quantities of 
such sodium phosphate delivered or ordered 
for delivery In such months, does not exceed 
20.000 lbs. 

[Note: a. Omit n if not applicable.] 

b. Where more than one sodium phosphate 
is ordered, specify in first column ‘dl sodium 
phosphate’, *tri sodium phosphate’, etc., and 
for each sodium phosphate, show quantities 
and uses separately. 

c. For other instructions see paragraph (e) 
( 2 ).] 


any sodium phosphate for a purpose 
other than the manufacture of any other 
sodium phosphate, except as specifically nv 

authorized or directed in writing by War I 

Production Board. ‘ • . . _ . 

(2) Each person who, with an order suppliers are requested to obtain ccrtxfl- 
for sodium phosphates, furnishes a cer- cates with respect to deliveries in any 
tificate required by paragraph (e) (1), allocation period not later than the 10th 


Name of purchaser 
Duly authorized official Title 


shall use the sodium phosphates deliv¬ 
ered on such order only as specified in 
such certificate, except as otherwise au¬ 
thorized or directed in writing by War 
Production Board. 

(3) War Production Board may from 
time to time issue directions with re¬ 
spect to the use or uses which may or 
may not be made of sodium phosphates 
to be delivered or then in inventory. 

(d) Exceptions to requirements lor 
specific authorization . Notwithstand¬ 
ing the provisions of paragraph (b) (1), 
specific authorization or direction of 
War Production Board shall not be re¬ 
quired for: 

(1) The delivery by any producer or 
primary distributor to any person in any 
allocation period of not more than 2,000 
lbs! of any sodium phosphate. 

(2) The delivery by any producer or 
primary distributor to any person in any 
allocation period^ of not more than 20,000 
lbs. of any sodium phosphate; provided 
that such producer or primary distribu¬ 
tor shall have received from such person 
the certificate called for by paragraph 

(e) (1), showing that the quantity of 
such sodium phosphate ordered for de¬ 
livery in such allocati on pe riod, together 
with all other quantities of such sodium 
phosphate delivered or ordered for de¬ 
livery in such all ocation period, does not 
exceed 20,00 0 lbs, 

(e) Certification of customer's use . 
(1) No supplier shall in an y allo cation 
period beginning with March-April, 1944, 
deliver to any person more than 2,000 
Hds. of any sodium phosphate unless prior 
thereto he shall have received from such 
person a certificate in substantially the 
following form: 

The undersigned purchaser hereby certi¬ 
fies to War Production Board and to his 
supplier, pursuant to Order M-334: 

I. That the sodium phosphate (s) hereby 

ordered for delivery in -- 194— 

months 


day of the preceding month. The cer¬ 
tificate required by this paragraph need 
not be filed with War Production Board. 
It shall be signed by an authorized offi¬ 
cial either manually or as provided in 
Priorities Regulation No. 7. 

(2) In filling out the certificate called 
for by paragraph (e) (1), the purchaser 
will specify use or uses as follows: 

Boiler water treatment (including industrial 
water conditioning) 

Foods and drugs (incorporation in) 

Direct military (Armed Services, including 
Maritime Commission, War Shipping Ad¬ 
ministration—specify which) 

Military equipment and supply manufacture 
Oil well drilling 
Other (specify) 

Resale (as sodium phosphates) 

Inventory (as sodium phosphates) 

If purchase is for resale, applicant will spec¬ 
ify “resale” followed by statement of use or 
uses (in terms of the uses specified in this 
paragraph) to which each sodium phosphate 
will be put by his customer, except that a 
primary distributor need specify only “resale”. 

(f) Applications and reports . (1) 

Ea ch p roducer and primary_dis- 

tributor requirin g authorization to de¬ 
liver sodium phosphates during any allo¬ 
cation period^ (and each producer seek- 
ing authorization to use s odiu m phos¬ 
phates during any such allocation pe¬ 
riod) shall file app lication on or before 
the~i5th day of the prec e ding mo nth. 
Application shall be made on Form 
WPB-2947 (formerly PD-602) in the 
manne r p rescribe d therein, subject to 
the following instructions: 

(i) Copies of Form W PB-2947 (for¬ 
merly PD-602) may be obtained at local 
offices of War Production Board. 

(ii) An original and three copies shall 
be prepared of which the original and 
two copies shall be filed with War Pro¬ 
duction Board, Chemicals Burea u, Wash- 
ington 25, D. C., Ref.: M-334, the third 


copy being retained for applicant’s files. 
The original filed with the War Produc¬ 
tion Board shall be manually signed by a 
duly authorized official. 

(iii) A separate set of Form W PB- 2947 
(formerlyj^D-eo^) shall be filed for each 
sodium phosphate for which authoriza¬ 
tion to deliver or use is sought. 

(iv) In the heading, under “Name of 
Material” specify the particular sodium 
phosphate to which the application re¬ 
lates (for example, “di sodium phos¬ 
phate”); under “Grade” specify “An¬ 
hydrous” or “Crystal” and if crystal, in¬ 
dicate degree of hydration; under “WPB 
Order No.”, specify “M-334”; under head¬ 
ing “This schedule is for delivery to be 

made during month/quarter-- 

194_” strike out word “quarter” and in¬ 

dicate months and year to which the ap¬ 
plication relates; under “Unit of meas¬ 
ure”, specify “Pounds”. 

(v) In Column 1, applicant will list 
the name of each customer who has 
placed with him an order for delivery 
in the applicable allocation period of 
more than 20.000 lbs, of any sodium 
phosphate. If it is necessary to use 
more than one sheet to list such cus¬ 
tomers, applicant will number each sheet 
in order and show grand total for all 
sheets on last sheet, which is the only 
one that need be certified. 

(vi) With respect to each order from a 
customer in the applicable allocation 
period o f more than 2 0.00 0 lb s, of any 
sodium phosphate, applicant will specify 
in Column 1-a the purpose for which his 
customer will use such sodium phos¬ 
phate, or in the case that such sodium 
phosphate is purchased for resale, the 
fact that it is purchased for resale and 
the purpose for which such resale will be 
made. If the sodium phosphate ordered 
by the customer is for two or more uses, 
applicant will list each use separately 
and will show the quantity of sodium 
phosphate ordered for each use. 

(vii) With respect to orders of more 

than 2,000 lbs, but not more than 20,000 
lbs. of any sodium phosphate, names of 
customers need not be listed but the ag¬ 
gregate quantity of each sodium phos¬ 
phate ordered for each use will be 
lumped. More specifically, applicant will 
specify in Columns 1 and 1-a “Total or¬ 
ders for 20,000 lbs. or less for use in-” 

(inserting in blank the purpose for which 
customer will use the sodium phosphate), 
and will specify in Column 4 the total 
quantity represented by the orders for 
such product. 

(viii) With respect to orders from a 
customer for delivery of not more than 
2,000 lbs. of any sodium phosphate in 
the applicable allocation period, neither 
name of customer nor use need be shown. 
Instead, applicant will state in Columns 
1 and 1-a “Total small order deliveries 
(estimated) ” and in Column 4 will spec¬ 
ify the total estimated quantity to be 
delivered. 




























































1510 


FEDERAL REGISTER, Tuesday , February 8, 1944 


(ix) A producer requiring permission 
to use a part or all of his own production 
of sodium phosphates shall list his own 
name as customer in Column 1 on Form 
WPB-2947 (formerly P D-602), specify¬ 
ing quantity required and product man¬ 
ufactured. Written approval of War 
Production Board on such Form W PB- 
294 7 (formerly P D-602) shall constitute 
authority to the producer to use sodium 
phosphates in the quantity and for the 
purposes Indicated in such approved 
form. 

(x) Leave Column 6 blank. 

(xi) Each producer will report produc¬ 
tion, deliveries and stocks as required by 
Table II, Columns 8 to 16, inclusive. Pri¬ 
mary distributors will fill out only 
Columns 8, 10, 12 and 13. 

(2) Each person (not including the 

I A rmy, Navy and o ther departments and 

agencies of the United States Gover n¬ 
ment) shall file with the W ar Prod uction 
Board a one- time report on Form WPB- 
294 5 (formerly PD -C00) on or before the 
15th day of t he mon th precedi n g the first 
allocation peri od fo r which he requests 
delivery of mor e than 20, 000 lbs, o f any 
sodium phosphate. Thi s re port need be 
filed onl y onc e for any one sodiu m phos- 
.—- phate ( reportsfiled und er this p aragraph 
as in effect prior to February 7th, 1944, 
need not be re peated), but must be filed 
for each diff erent s odium phosp hate for 
which m ore than 2 0.0 00 lb s, i s req uested 
in~any allocatio n peri od. The report on 

Form WPB-2945 shall be filed in the 
ma nner described therein subject to the 
following instructions: 

(I) Copies of Form WPB-2945 (for 
merly PD-600) may be obtained at local 
field offices of the War Production Board. 

) The original and one copy shall 
be prepared of which the original shall 
be filed with War Production Board, 
Chemicals Bureau, Washington 25, D. C., 
Kef: M-334~the copy being retained for 
applicant’s files. The original copy shall 
be signed by a duly authorized official. 

Oil) A separate set for Form WPB-2945 
(formerl y PD-600) shall'be filed for each 
sodium phosphate respecting which a re¬ 
port is required. 

(iv) In the heading under “Name of 
chemical”, specify particular sodium 
phosphate to which report relates (for 
example, di sodium phosphate”), under 
“WPB Order No.”, specify “M-334”; un¬ 
der “Indicate unit of measure”, specify 
“Pounds”; strike out heading “Supplier 
with whom this order is placed”, and in¬ 
sert “Usual supplier”, and give his name, 
mailing address and shipping point (if 


more than one usual supplier, list all 
suppliers, if necessary using back of 
Form); under “Your company name”, 
specify applicant’s name and indicate 
mailing address and delivery destination. 

(v) Strike out heading at top of Table 
I “Application for delivery and/or use 
required for your next month’s opera¬ 
tions”, as w r ell as headings at the top 
of Columns 2, 3, 4, 9 and 10. 

(vi) In Table I applicant will specify 
the aggregate quantity of each sodium 
phosphate which he used and/or resold 
in each calendar quarter beginning with 
the third quarter of 1941 to and includ¬ 
ing the first quarter of 1943. More spe¬ 
cifically, he will list in Column 4 “Third 
quarter 1941”, “Fourth quarter 1941”, 
etc., and opposite the appropriate head¬ 
ing he will indicate in Column 2 the ag¬ 
gregate quantity of such sodium phos¬ 
phate used and resold in each such quar¬ 
ter, and in Column 1 (grade) will specify 
“Anhydrous” or “Crystal” and if crystal, 
the degree of hydration. If during any 
such quarter, applicant resold such so¬ 
dium phosphate, he will specify “Resale” 
in Column 10 and in Column 9 will specify 
the quantity resold in such quarter. 

(vii) In Table II, applicant will fill in 
Columns 11 and 15. The remaining col¬ 
umns of Table n and all of Tables HI 
and IV will be left blank. 

(3) War Production B oard may issue 
other a nd f urther instructi ons with re- 
spect to preparing and filing Forms 
WPB-2945 and 2 947 (forme r ly PDuGOO 
and 602). subject to approval by the B u¬ 
reau of the Budget in acco rda nce with 
the Federal Rep orts Act o f 1942 . 

(g) Miscellaneous provisions —(1) 
Applicability of regulations . This order 
and all transactions affected thereby are 
subject to all applicable regulations of 
War Production Board, as amended 
from time to time. 

(2) 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 is 
guilty of a crime, and upon conviction 
may be punished by fine or imprison¬ 
ment. In addition, any such person may 
be prohibited from making or obtain¬ 
ing further deliveries of, or from proc¬ 
essing or using, material under priority 
control and may be deprived of prior¬ 
ities assistance. 

(3) fCpproval of reporting require¬ 
ments. Forms WPB -2 945 a nd 2947 and 
the In structions in t his order for filing 
these forms have been approved by the 


Bureau of the Budget in accordance with 
the Federal Reports Ac t of 1 942. 

Note: Subparagraph (4), formerly (3), re¬ 
designated Feb. 7, 1944. 

(4) Communications to War Produc¬ 
tion Board. All reports required to be 
filed hereunder, and all communications 
concerning this order, shall, unless 
otherwise directed, be addressed to: 
War Production Board, Chemicals Bu¬ 
reau, Washington 25, D. C. Ref: M-334T 

Issued this 7th day of February 1944. 

War Production Board, 
By J. Joseph Whelan, 

Recording Secretary. 

IF. R. Doc. 44-1834; Filed, February 7, 1944; 
11:14 a. m.J 


Part 3294— Iron and Steel Production 1 

[General Prelerence Order M-21, as 
Amended Feb. 7, 1944) 

5 3294.71 1 General Preference Order 
M-21 —(a) Purpose and scope. This is 
the basic order covering the distribution 
of steel and iron products. Other rules 
for distribution, as well as for production 
and use, are contained in other War Pro¬ 
duction Board orders and regulations, 
which must also be complied with, except 
to the extent that their provisions are 
inconsistent with this order. With re¬ 
spect to steel, attention is called particu¬ 
larly to the various CMP regulations and 
to other orders in the M-21 series. 

(b) Definitions. For the purposes of 
this order: 

(1) “Steel” means carbon steel, alloy 
steel, and wrought iron, in the forms and 
shapes listed in Schedule 1. The term 
includes all types of second quality mate¬ 
rial and shearings (including material 
in the listed forms and shapes which is 
salvaged or recovered therefrom), except 
when sold as scrap within the maximum 
prices for scrap established by the Office 
of Price Administration. 

(2) “Iron products” means cast iron 
pipe (except cast iron soil p ipe and cast 
iron soil pipe fittings) and all other iron 
castings, gray and malleable (rough as 
cast), including all items of ferrous 
foundry manufacture not classified as 

(3) “Producer” means any person who 
produces steel or iron products. 

(c) Deliveries of iron products and 
steel forgings. Iron products and car¬ 
bon or alloy steel forgings may not be 
delivered except: 

(1) On orders bearing a preference 
rating of A-10 or higher, or 


1 Formerly Part 962, § 962.1. 
































































1511 





FEDERAL REGISTER, Tuesday , February 8, 1944 


(2) As permitted under Priorities 
Regulation No. 13, or 

(3) As specifically authorized or di¬ 
rected in writing by the War Production 
Board. 

(d) Deliveries of other steel products . 
Other steel may not be delivered except: 

( 1 ) On authorized controlled material 
orders, or 

(2) As permitted under Priorities 
Regulation No. 13, or 

(3) By distributors as permitted under 
CMP Regulation No. 4, or 

(4) To distributors as permitted un¬ 
der Order M-21-b-l or M-21-b-2, or 

(5) As specifically authorized or di¬ 
rected in writing by the War Production 
Board. 

(e) Identification of purchase orders — 
(1) Iron products and steel forgings . 
Iron products and carbon and alloy steel 
forgings are obtained on preference 
rated orders, and purchase orders for 
these products must be accompanied by 
a certification of the applicable rating as 
required by War Production Board regu¬ 
lations. In addition, such purchase or¬ 
ders should be identified in terms of the 
program for which the products will be 
used. Therefore, a person purchasing 
any of these products from a producer 
must furnish with his purchase order the 
CMP allotment number or symbol which 
has been assigned to him for acquiring 
controlled materials needed for the same 
program. If the purchaser has no such 
allotment number or symbol, his pur¬ 
chase order should carry a statement in 
substantially the following f 8 hn: 

No CMP allotment number or symbol ap¬ 
plicable. 

No producer shall accept an order for, 
or make delivery of, iron products or 
carbon or alloy steel forgings unless a 
CMP allotment number or symbol, or 
the above statement, accompanies the 
purchase order. 

(2) Other steel. Each purchaser of 
steel other than forgings shall furnish 
with his purchase order such informa¬ 
tion as may be required by applicable 
War Production. Board regulations or 
orders. 

(f) Special directions. The War Pro¬ 
duction Board may from time to time 
issue special directions to any person or 
persons as to the type, description, 
amount, source, or destination of steel 
or iron products to be produced, deliv¬ 
ered, or acquired by such person or 
persons. 

(g) Violations . Any person who wil¬ 
fully \iolates 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, is 
guilty of a crime, and upon conviction 
may be punished by fine or imprison¬ 
ment. In addition, any such person may 
be prohibited from making or obtaining 
further deliveries of, or from processing 
or using, material under priorities con¬ 
trol and may be deprived of priorities 
assistance. 

No. 27-3 


(h) Appeals. Any appeal from the 
provisions of this order shall be made 
by letter referring to the particular pro¬ 
vision appealed from and stating fully 
the grounds of the appeal. 

(i) Communications. All communi¬ 
cations concerning this order shall, un¬ 
less otherwise directed, be addressed to 
Steel Division, War Production Board, 
Washington 25, D. C., Ref: M-21. 


Issued this 7th day of February 1944. 

War Production Board, 
By J. Joseph Whelan, 

Recording Secretary. 

Schedule 1 


Bars, cold finished. 

Bars, hot rolled. 

Ingots, bUlets, blooms, slabs, die blocks, tube 
rounds, skelp and sheet and tin bar. 

Pipe, including threaded couplings of the 
types normally supplied on threaded pipe 
by pipe mUls. 

Plates. 

Rails and track accessories, including rail 
Joints, track spikes, frogs and switches, 
gage rods, guard rails, guard rail clamps, 
nut locks, rail anchors, switch stands, mine 
ties, tie plates, track bolts and rail braces. 
Sheets and strip. 

Steel castings. 

Steel forgings. 

Structural shapes and piling. 

Tin plate, terne plate and tin mUl blackplate. 
Tubing. 

Wheels, tires and axles. 

Wire rods. 

Wire and wire products, including drawn 
wire, barbed and twisted wire, woven and 
welded wire fence (except chain link fence), 
wire nails (including lead-headed nails), 
wire staples (for fence and poultry netting 
only), wire bale ties, wire rope and strand, 
welded steel wire reinforcing mesh, wire 
netting. 

Interpretation 1 

The terms “Steel” and “Iron products” as 
defined in General Preference Order M-21, 
as amended, do not include material which 
has been in use or service, nor material 
salvaged or recovered therefrom. The terms 
do include all types of second quality ma¬ 
terial, shearings, etc., whether generated in 
a producer's plant, or in the plant of a 
manufacturer or fabricator, (as well as ma¬ 
terial in the listed forms and shapes which 
is salvaged therefrom), except that such 
material when sold as scrap within OPA ceil¬ 
ings is not considered “Steel" or “Iron prod¬ 
ucts”. 

For example, the restrictions of Order M-21 
apply to side and end shearings, wire shorts 
and similar products generated at a steel 
mill. They also apply to the plate croppings 
generated at a shipyard or In the course of 
any other fabricating operation. Such ma¬ 
terial may be sold as scrap at scrap prices 
free of the restrictions of the order, but if 
such scrap material is salvaged by sorting or 
by some processing operation, it cannot be 
disposed of in any of the listed forms or 
shapes except in compliance with the order. 

On the other hand, the restrictions of the 
order do not apply to used material such as 
line pipe which has been in use by an oil 
company for a period of time and is then 
picked up and reclaimed, or structural steel 
which is salvaged from a demolished building. 
(Issued June 9, 1943.) 


[F. R. Doc. 44-1835: Filed. February 7, 1944; 
11:14 a. m.J 


Part 3175— Regulations Applicable to 
the Controlled Materials Plan 

[CMP Reg. 1 as Amended Feb. 2. 1944, 
Arndt. 1J 

Schedule III is amended by adding the 
following items: 

COPPER 


Brass mill copper and copper base alloy 
products: 

Copper and non-refractory alloys_- 45 

Refractory alloys_ 60 

Wire and cable products: 

Bare wire and cable- 35 

Weatherproof wire and cable_ 35 

Magnet wire_ 35 

Rubber insulated building wire_ 35 

Paper and lead cable_- 40 

Varnished cambric cable_ 35 

Asbestos cable (type H-F)_ 60 

Rubber insulated wire and cable (mold 
or lead cured)_ 45 


Foundry copper and copper base alloy 
products: 

Castings (rough castings, not ma¬ 
chined—assuming patterns are 
available): 

Small simple castings to fit 12" by 


16" flask.. 7 

Large intricate and centrifugal cast¬ 
ings_ 14 

ALUMINUM 

All forms and shapes_ 45 


Where no time is specified in Schedule III 
for placing orders for a particular form or 
shape of controlled material, the time for 
placing such orders shaU be subject to agree¬ 
ment between the consumer and the con¬ 
trolled materials producer: Provided, That no 
producer* shall discriminate between con¬ 
sumers in the acceptance of orders. In the 
event of any disagreement, the matter should 
be referred to the appropriate Controlled 
Materials Division. 

Issued this 561 day of February 1944. 

War Production Board, 
By J. Joseph Whelan, 

Recording Secretary . 

|F. R. Doc. 44-1787: Filed, February 5, 1944: 

4:48 p. m.J 


Part 3270— Containers 

[Limitation Order L-317 as Amended Dec. 28, 
1943, Amdt. 1) 

FIBRE SHIPPING CONTAINERS; MANUFACTURE 
AND USE 

Section 3270.6 Limitation Order L- 
317 as amended December 28, 1943 is 
hereby amended by deleting Item #7, 
“Harnesses’' under “k. Miscellaneous” of 
Schedule B. 

Issued this 7th day of February 1944. 

War Production Board, 
By J. Joseph Whelan, 

Recording Secretary. 

IF. R. Doc. 44-1849: Filed, February 7, 1944; 
11:51 a. m.J 





















1512 


FEDERAL REGISTER, Tuesday, February 8, 1944 


Chapter XI—Office of Price Administration 

Part 1341— Canned and Preserved Foods 
|MPR 609) 

PACKED CITRUS PRODUCTS OF THE 1044 AND 
LATER PACKS 

In the judgment of the Price Adminis¬ 
trator, the provisions of this regulation 
are generally fair and equitable and will 
effectuate the purposes of the Emergency 
Price Control Act of 1942, as amended. A 
statement of the considerations involved 
In the issuance of this regulation has 
been issued and filed with the Division 
of the Federal Register.* Insofar as this 
regulation uses specifications and 
standards which were not, prior to such 
use, in general use in the trade or in¬ 
dustry affected, or insofar as their use 
was not lawfully required by another 
Government agency, the Administrator 
has determined, with respect to such 
standardization, that no practical alter¬ 
native exists for securing effective price 
control with respect to the commodities 
subject to this regulation. 

§ 1341.609 Maximum prices for sales 
of packed citrus products of the 1944 
and later packs by processors and dis¬ 
tributors other than wholesalers and re¬ 
tailers. Under the authority vested in 
the Price Administrator by the Emer¬ 
gency Price Control Act of 1942, as 
amended, and Executive Orders Nos. 
9260 and 9328, Maximum Price Regula¬ 
tion No. 509 (Packed Citrus Products of 
the 1944 and Later Packs), which is an¬ 
nexed hereto and made a part hereof is 
hereby issued. 

Authority: § 1341.609 issued under 56 Stat. 
23. 765: Pub. Law 161, 78th Cong.; E.O. 9250, 
7 F.R. 7871; E.O. 9328, 8 P.R. 4681. 

Maximum Price Regulation No 509— Packed 
Citrus Products of the 1944 and Later 
Packs 

article i—explanation or the regulation and 

GENERAL DEFINITIONS 

Sec. 

1.1 Explanation of the regulation. 

1.2 General definitions. 

ARTICLE II—PROCESSORS' MAXIMUM PRICES 

2.1 Grapefruit juice. 

2.2 Grapefruit segments. 

2.3 Orange Juice. 

2.4 Orange-grapefruit Juice blended (50% 

orange—50% grapefruit). 

ARTICLE III—GENERAL PROVISION RELATING TO 
PROCESSORS' SALES 

3.1 Calculation of doilars-and-cents maxi¬ 

mum prices for processors who per¬ 
form the wholesale or retail function. 

3.2 When the processor must figure a de¬ 

livered price. 

3.3 Uniform delivered prices where the proc¬ 

essor has customarily been selling on 
an f. o. b. factory basis 

3.4 Special packing expenses which may be 

reflected in maximum prices in sales 
to government procurement agencies. 

3.5 Label and labor allowances. 

3.6 Maximum prices for products in new 

container types or sizes. 

8.7 Individual authorization of maximum 

prices. 

8.8 Restrictions on sales to primary dis¬ 

tributors. 


♦Copies may be obtained from the Office 
of Price Administration. 


ARTICLE IV-PROVISIONS APPLICABLE TO PRIMARY 

DISTRIBUTORS AND OTHER INTERMEDIATE 
SELLERS 

Sec. 

4.1 Maximum prices in sales by primary dis¬ 

tributors. 

4.2 Maximum prices in sales by distributors 

who are not primary distributors, 
wholesalers, or retailers. 

ARTICLE V-MISCELLANEOUS PROVISIONS OF 

GENERAL APPLICABILITY 

5.1 Grades and Invoices. 

6.2 Weights. 

63 Treatment of federal and state taxes. 

6.4 Units of sale and fractions of a cent. 

6.5 Maintenance of customary discounts 

and allowances. 

5.6 Export and import sales. 

6.7 Payment of brokers. 

5.8 Notification of new maximum price. 

5.9 Records which must be kept. 

5.10 Sales slips and receipts. 

6.11 Transfer of business or stock in trade. 

6.12 How a maximum price is established and 

how an established maximum price 
can be changed. 

6.13 Adjustable pricing. 

6.14 Compliance with this regulation. 

6.15 Adjustment of maximum prices of food 

products under “Government con¬ 
tracts'* or subcontracts. 

5.16 Application for adjustment by sellers 

who have been found to have violated 
the Robinson-Patman Act. 

5.17 Petitions for amendment. 

ARTICLE I—EXPLANATION OF THE REGULATION 
AND GENERAL DEFINITIONS 

Section 1.1 Explanation of thb regu¬ 
lation. (a) The purpose of this regula¬ 
tion is to establish maximum prices for 
citrus products processed and packed on 
and after October 1, 1943, in sales by 
persons other than wholesalers and 
retailers. The packed citrus products 
covered by this regulation and processors* 
maximum prices for sales of each product 
are set forth in Article II. 

(b) This regulation supersedes Maxi¬ 
mum Price Regulation No. 306 1 2 with 
respect to sales and deliveries of packed 
grapefruit juice processed and packed on 
and after October 1, 1943. 

(c) Maximum prices for sales by 
wholesalers and retailers are governed 
by Maximum Price Regulation Nos. 421/ 
422 s and 423.* “Wholesaler** and “re¬ 
tailer** means the persons respectively 
referred to as “wholesalers** and “retail¬ 
ers’* in those regulations. 

(d) This regulation applies only to the 
forty-eight states of the United States 
and to the District of Columbia. 

(e) Prices established by this regula¬ 
tion are in effect from February 4, 1944. 

Sec. 1.2 General definitions, (a) When 
used in this regulation the term: 

(1) “Person** means an individual, 
corporation, partnership, association, 
any other organized group of persons, 
and their legal successors or representa¬ 


1 8 FR. 16896, 17224, 17295, 17482; 9 F.R. 794, 
287, 96. 

2 8 F.R. 9388, 10569, 10987, 13293, 15250, 
17367, 16607, 17368. 

* 8 FR. 9395, 10569, 10987, 12443. 12610, 
13294, 15251, 17369, 14853, 15586, 15607, 17370; 
9 FR. 95. 

* 8 FR. 9407, 10570, 10988, 12443, 12611, 
13294, 15252, 17371, 14854, 16031, 15587, 15608, 
17371; 9 FR. 95. 


tives. The term Includes the United 
States, its agencies, other governments, 
their political subdivisions, and their 
agencies. 

(2) “Processor** means a person who 
processes any part of what he sells of 
the kind and brand of packed citrus 
product being priced. 

(3) “Item** means the particular kind, 
variety, grade, brand, style of pack, con¬ 
tainer type and size of packed citrus 
product being priced. 

(4) ‘’Container type” refers to the 
oompo6ition or style of the container 
used (a separate price must be figured 
for each container type). 

Examples. Tin, glass and paper containers 
are all different container types. Likewise, a 
glass container of one design is a different 
container type from a glass container of a 
substantially different design. 

(5) “Packed citrus products of the 
1944 and later packs,” means the com¬ 
modities specified herein, processed and 
packed on and after October I, 1943, in 
any container, whether or not her¬ 
metically sealed. It does not include 
frozen or dehydrated citrus products. 

(6) “Sale” includes sales, disposi¬ 
tions, exchanges, leases and other trans¬ 
fers and transactions, and offers to do 
any of those things. The terms “sell,” 
“seller,** “buy,** “buyer,” “purchase” and 
“purchaser” shall be construed accord¬ 
ingly. 

(7) “Pri<jp” means the consideration 
requested or received in connection with 
the sale of a commodity. 

(8) “Net delivered cost” means the 
amount the purchaser pays for the item 
(in a purchase which is customary, for 
him, in quantity, type of supplier, re¬ 
ceiving point and means of transporta¬ 
tion) , less all discounts allowed him, ex¬ 
cept the discount for prompt payment. 
However, the expense of local trucking 
or unloading is not included. 

(9) “Delivered to the customary re¬ 
ceiving point” means delivered to the 
place where the particular buyer has 
customarily received the goods. In 
cases where the seller is dealing with the 
buyer for the first time after the effec¬ 
tive date of this regulation, “delivered 
to the customary receiving point” means 
delivered to the buyer’s place of busi¬ 
ness. 

(10) “Records'* includes books of ac¬ 
count, sales lists, sales slips, orders, 
vouchers, contracts, receipts, invoices, 
bills of lading, and other papers and 
documents. 

(b) Unless the context otherwise re¬ 
quires. the definitions set forth in sec¬ 
tion 302 of the Emergency Price Con¬ 
trol Act of 1942, as amended, apply to 
other terms used in this regulation. 

ARTICLE n —PROCESSORS* MAXIMUM PRICES 

Sec. 2.1 Packed grapefruit juice— 
(a) General pricing provisions. The 
processor’s maximum prices per dozen 
containers, f. o. b. factory, for packed 
grapefruit juice shall be as follows: 









FEDERAL REGISTER, Tuesday, February 8, 1944 


1313 


Col. 1 

Col. 2 

Col. 3 

Col. 4 

Col, 3 

Col. 8 

Col.T 





Container 

Container 

Container 

Hem 

State or area 

Style of rack 

Grade 

No. 2 can 

No. 3 cyl. 
can 

No. 10 can 





Gov’t 

Other 

Gov’t 

Other 

Gov’t 

Other 





sales 

sales 

sales 

sales 

sales 

soles 

i 

Florida and Texas. 

Natural (unsweet* 

A or fancy.. 

11.3(H) 

$1.125 

$3.17 

$2.55 

$6.37 

$5.00 


ened). 











C or standard . . 

1.310 

1.075 

3.07 

2.45 

8.17 

4.80 




Offgrade or substandard 

1.2(X> 

1.025 

2.97 

2.35 

5.97 

4.60 


California and 

i Sweetened........ 

A or fancy. 

1.385 

1.150 

3.22 

2.00 

6.52 

5.15 


Arizona. 


C or standard. 

1.335 

1. IU0 

3.12 

2.50 

6.32 

4.95 




Offgrade t ft substandard. 

1.285 

1.050 

3.02 

2.40 

6.12 

4 75 


1 

Natural (unsweet- 
f ened). 

A or fancy. 

1.400 

1.225 

3. 42 

2.80 

6.96 

5.60 




Cor standard. _.. 

1.410 

1. 175 

8.32 

2.70 

6.76 

5. 40 




Offgrade or substandard. 

1.300 

1. 125 

3.22 

2.60 

6. 60 

6. 20 



Sweetened........ 

A or fancy.. 

1.485 

1.250 

3.47 

2.85 

7.11 

5. 75 




C or standard 

1.435 

1.200 

3.37 

2.75 

6.91 

5.55 




Off grade or substandard 

1.385 

1. 150 

3.27 

2.65 

6.71 

5.35 


Notf: The prices in this table for govern¬ 
ment sales must be adjusted in accordance 
with the provisions of paragraph (c). below. 

<b) Other pricing methods. (1) If a 
processor packs grapefruit juice made 
from grapefruit grown in any area men¬ 
tioned in paragraph (a), whether or not 
his factory is located in the same area or 
any of such areas, his maximum prices 
shall be the maximum prices shown in 
paragraph (a) for the area in which the 
grapefruit used by him was grown. 

(2) The maximum prices for grape¬ 
fruit juice packed in glass containers, for 
sales to persons other than Government 
procurement agencies, shall be as fol¬ 
lows: 

(i) For 8-ounce glass jars, Grade A or 
Fancy, 42 Vitf. for Grade C or Standard, 
40c, and for Off Grade or Sub-Standard, 
37 !•><*. less than the maximum price for 
the same grade and style of pack in No. 2 
cans, in the same area. 

(ii) For 16-ounce glass jars, 7 x k± more 
than the maximum price for the same 
grade and style of pack in No. 2 cans, in 
the same area. 

tiii) For 46-ounce glass jars, 17%tf 
more than the maximum price for the 
same grade and style of pack in No. 3 
cylinder cans, in the same area. 

(3) If the processor cannot determine 
his maximum price for an item of packed 
grapefruit juice in a particular container 
size or type in accordance with the pro¬ 
visions of paragraph (a), (b), and (c) of 
this section, he shall determine his maxi¬ 
mum price for such item in accordance 
with the provisions of section 3.6; and if 
he cannot determine a maximum price 
for such item under section 3.6, he shall 
apply to the Office of Price Administra¬ 
tion, Washington, D. C., for authorization 
of a maximum price in accordance with 

^tlie provisions of section 3.7. 

(4) A processor who manufactures in 
one factory grapefruit juice from grape¬ 
fruit grown in more than one specified 
area shall apply to the Office of Price 
Administration, Washington, D. C., for 
authorization of maximum pricdS in ac¬ 
cordance with the provisions of section 
3.7. 

(c) Special provisions relating to gov¬ 
ernment sales. (1) Processors* maxi¬ 
mum prices for sales to Government pro¬ 


curement agencies shall be the maximum 
prices named in paragraph (a) for such 
sales, less the amount of the applicable 
monthly area grapefruit juice cost re¬ 
duction for the month in which such 
grapefruit juice was packed: Provided , 
That the monthly area grapefruit juice 
cost reduction for the month of January 
1944 shall be applicable to sales of grape¬ 
fruit Juice packed during the period from 
October 1, 1943, through January 31, 
1944. 

(2) The monthly area grapefruit 
Juice cost reduction shall be established 
by order of the Office of Price Admin¬ 
istration a*s soon as may be practicable 
after the period to which it applies. 
That amount is the difference between 
the cost for raw grapefruit reflected in 
the maximum prices for government 
sales set forth in paragraph (a), above, 
and the monthly area grapefruit cost 
determined by the Office of Price Ad¬ 
ministration, converted for the actual 


reduction in cost per dozen containers 
of the particular size and type packed 
during the month to which such monthly 
area grapefruit juice cost reduction is 
applicable. 

(3) In the event that any monthly 
area grapefruit cost, determined by the 
Office of Prioe Administration as set 
forth above, shall be equal to or greater 
than the cost for raw grapefruit re¬ 
flected in the maximum prices for gov¬ 
ernment sales set forth in paragraph 

(a), above, the Office of Price Adminis¬ 
tration shall provide by order that no 
reduction shall be applicable to the 
maximum prices for grapefruit juice 
packed during the month to which such 
monthly area grapefruit cost is appli¬ 
cable. 

Note: The provisions of this paragraph 
(c) shall not be construed as affecting the 
power of the Office of Price*Admlnistration 
to alter the maximum prices established 
by this regulation at any time, by amend¬ 
ment or otherwise. 

(d) Records required . In addition to 
other records required to be maintained 
under other provisions of this regula¬ 
tion, each processor shall maintain, for 
as long as the Emergency Price Control 
Act of 1942, as amended, shall remain 
in effect, complete records of all grape¬ 
fruit purchases in value and quantity 
during the period from October 1, 1943, 
through September 30, 1944; and such 
records shall be available for insfiection 
by the Office of Price Administration or 
its authorized agents or representatives 
at any reasonable time. 

Sec. 2.2 Packed grapefruit seg¬ 
ments —(a) General pricing provisions. 
The processor’s maximum prices per 
dozen containers, f. o. b. factory, for 
packed grapefruit segments shall be as 
follows: 


Col. 1 

Col. 2 

Col. 3 

Col. 4 

Col. 5 

Item 

No. 

Slate or area 

Style of pack 

Grade 

Container 
No. 2 can 

Gov’t, sales 

1. 

Florida and Texas. 

Sweetened... 

A or Fancy. 

$1.61 

1.56 

1.51 




B or Choice.. . 

C Standard or Broken... 



(b) Other pricing methods. (1) If a 
processor packs grapefruit segments 
made from grapefruit grown in any area 
mentioned in paragraph (a), whether or 
not his factory is located in the same 
area or any of such areas, his maximum 
prices shall be the maximum prices 
shown in paragraph (a) for the area in 
which the grapefruit used by him was 
grown. 

(2) If the processor cannot determine 
his maximum price for an item of packed 
grapefruit segments in a particular con¬ 
tainer size or type in accordance with the 
provisions of-paragraphs (a) and (b) (1) 
of this section, he shall determine his 
maximum price for such item in accord¬ 
ance with the provisions of section 3.6; 
and if he cannot determine a maximum 
pri<n for such item under section 3.6, he 
shall apply to the Office of Price Adminis¬ 


tration, Washington, D. C., for authoriza¬ 
tion of a maximum price in accordance 
with the provisions of section 3.7. 

(3) A processor who manufactures in 
one factory grapefruit segments from 
grapefruit grown in more than one speci¬ 
fied area shall apply to the Office of Price 
Administration, Washington, D. C., for 
authorization of maximum prices in ac¬ 
cordance with the provisions of section 
3.7. 

(c) Records required. Each processor 
of grapefruit segments shall maintain 
the records of grapefruit purchases as 
provided in section 2.1 (d). 

Sec. 2.3. Packed orange juice —(a) 
General pricing provisions. The proc¬ 
essor’s maximum prices per dozen con¬ 
tainers, f. o. b. factory, for packed 
orange juice shall be as follows: 
















































1314 


FEDERAL REGISTER, Tuesday, February 8, 1944 


Col. 1 

Col. 2 

CoLS 

Col. 4 

CoLS 

Col. 6 

Col. 7 

Item 

State or area 

Style of pack 

Grade 

Container 
No. 2 can 

Container 
No. 3 cyL 
can 

Container 
No. 10 can 

Gov’t 

sales 

Other 

sales 

Gov't 

sales 

Other 

sales 

Gov’t 

sales 

Other 

sales 

1. 

Florida and Texas. 

Natural (Un¬ 
sweetened). 

A or fancy__ 

$1. 650 

$L 700 

$4.00 

$4.10 

& 16 

$& 31 


C or standard. 

1.000 

! 1.650 

! 

3.90 

4.00 


8.11 



Sweetened____ 

Offprade or substandard. 
A or fancy. 

L 550 
1.675 

1.600 
1.725 

3. SO 
4.05 

l LOO 

4.15 

7.76 

8.31 

7.01 

8. 46 




C or standard, .. 

1.625 

L 675 

3.05 

4.05 

8.11 

8.26 




Offprade or substandard. 

L 575 

1.625 

3 S5 

3.95 

7.91 

8.06 


(b) Other pricing methods. (1) II a 
processor packs orange juice made from 
oranges grown in any area mentioned in 
paragraph (a), whether or not his fac¬ 
tory is located in the same area or any 
of such areas w his maximum prices shall 
be the maximum prices shown in para¬ 
graph (a) for the area in which the 
oranges used by him were grown. 

(2) If the processor cannot determine 
his maximum price for an item of packed 
orange juice in a particular container 
size or type in accordance with the pro¬ 
visions of paragraphs (a) and (b) (1) 
of this section, he shall determine his 
maximum price for such item in ac¬ 
cordance with the provisions of section 
3.6; and if he cannot determine a maxi¬ 
mum price for such item under section 

3.6, he shall apply to the Office of Price 
Administration, Washington, D. C. f for 
authorization of a maximum price in 
accordance with the provisions of section 

3.7. 

(3) A processor who manufactures in 
one factory orange juice from oranges 


grown in more than one specified area 
shall apply to the Office of Price Admin¬ 
istration, Washington, D. C., for authori¬ 
zation of maximum prices in accordance 
with the provisions of section 3.7. 

(c) Records required . In addition to 
other records required to be maintained 
under other provisions of this regulation, 
each processor shall maintain for as long 
as the Emergency Price Control Act of 
1943, as amended, shall remain in effect, 
complete records of all orange purchases 
In value and quantity during the period 
from October 1, 1943, through Septem¬ 
ber 30, 1944; and such records shall be 
available for inspection by the Office of 
Price Administration or its authorized 
agents or representatives at any reason¬ 
able time. 

Sec. 2.4 Packed orange-grapefruit 
juice blended (50% orange — 50% grape¬ 
fruit) —(a) General pricing provisions. 
The processor’s maximum prices per 
dczen containers, f. o. b. factory, for 
packed orange-grapefruit juice blended 
shall be as follows; 


CoLl 

Col. 2 

Col. 3 

CoL 4 

CoLS 

CoL 6 

CoL 7 





Container 

Container 

Container 





No. 2 can 

No. Beyl can 

No. H) can 

Item 

State or area 

Style of pack 

Grade 











Gov’t 

Other 

Gov’t 

Other 

Gtrr*t 

Other 




• 

sales 

sales 

sales 

sales 

sales 

sales 

L. 

Florida and Texas. 

Natural (Un¬ 

A or fancy. 

$1. 505 

$1.555 $3.585 

$3,685 

$7,265 

$7,415 



sweetened). 











C or standard. 

1. 455 

1.505 

3.485 

3.585 

7.065 

7.215 




Off prude or substandard. 

1.405 

1.455 

3.3*5 

3.4*5 

6.865 

7.015 



Sweetened_ 

A or fancy___ 

1.530 

1. 580 

3.RS5 

3. 735 

7.415 

7.565 




C or standard. 

1.480 

1.530 

3. 535 

1 3.635 

7.215 

7.365 




Offgrade or substandard. 

1.430 

1.480 

3.435 

’ 3,535 

7.015 

7.165 


(b) Other pricing methods. (1) If a 
processor packs orange-grapefruit juice 
blended made from fruit grown in any 
area mentioned in paragraph (a), 
whether or not his factory is located in 
the same area or any of such areas, his 
maximum prices shall be the maximum 
prices shown in paragraph (a) for the 
area in which the fruit used by him was 
grown. 

(2) If the processor cannot determine 
his maximum price for an item of packed 
orange-grapefruit juice blended in a 
particular container size or type in ac¬ 
cordance with the provisions of para¬ 
graphs (a) and <b) <1> of this section, 
he shall determine his maximum price 
for such item in accordance with the 
provisions of section 3.6; and if he can¬ 
not determine a maximum price for such 
item under section 3.6, he shall apply to 
the Office of Price Administration, 


Washington, D. C. f for authorization of 
a maximum price in accordance with 
the provisions of section 3.7. 

(3^ A processor who manufactures in 
one factory orange-grapefruit juice 
blended from fruit grown in more than 
one specified area shall apply to the 
Office of Price Administration, Washing¬ 
ton, D. C., for authorization of maximum 
prices in accordance with the provisions 
of section 3.7. 

(c) Records required. Each processor 
of orange-grapefruit juice blended shall 
maintain the records of grapefruit and 
orange purchases as provided in sections 
2.1 <d) and 2.3. (c). 

ARTICLE III—GENERAL PROVISIONS RELATING 
TO PROCESSORS’ SALES 

Sec. 3.1 Calculation of dollars-and- 
cents maximum prices for processors who 
perform the wholesale or retail func¬ 


tion —(a) Sales by processors from 
branch warehouses. Any processor who 
sells the item being priced from a branch 
warehouse owned or controlled by him, 
to retail stores or to commercial, indus¬ 
trial or institutional users, shall figure 
his maximum prices for these sales, 
f. o. b. branch warehouse, as follows: 

<1) If he handled the kind of packed 
citrus product being priced in this way 
prior to April 28,1942, the processor shall 
add to his dollars-and-cents maximum 
price, f. o. b. factory, the freight, if any. 
incurred from factory to branch ware¬ 
house, and multiply the resulting figure 
by the markup named in Maximum Price 
Regulation No. 421 for cash-and-carry 
wholesalers or for service wholesalers, 
depending on whether delivery is made 
in the particular sale to the buyer’s 
place of business. These markups may 
be used only when the particular goods 
sold have been warehoused at the branch 
warehouse and are being sold in less- 
than-carload lots. (Processors who have 
more than one factory or branch ware¬ 
house may, if they wish, figure freight 
on a weighted average basis from factory 
to branch warehouse, in the manner pro¬ 
vided in section 3.3.) 

(2) If he did not handle the kind of 
packed citrus product being priced in 
this way prior to April 28,1942, the proc¬ 
essor shall add to his dollar-and-cents 
maximum price, f. o. b. factory, the 
freight, if any, incurred from factory to 
branch warehouse. (Processors who 
have more than one factory or branch 
warehouse may if they wish, figure 
freight on a weighted average basis from 
factory to branch warehouse, in the 
manner provided in section 3.3.) 

“Branch warehouse” means a plant or 
warehouse (1) which is maintained phys¬ 
ically separate and apart from the proc¬ 
essor’s factory for the principal purpose 
of selling (in contrast to storing) food 
products manufactured by him to inde- 
*pendent retail stores or commercial, in¬ 
dustrial or institutional users, (2) from 
which the larger part of his sales of the 
kind of product being priced are made to 
those classes of purchasers, and (3) 
which maintains a sales organization 
separate from the factory sales organiza¬ 
tion. 

<b> Maximum prices for sales by proc¬ 
essors to ultimate consumers. Processors 
who sell the items they manufacture to 
ultimate consumers other fhan institu¬ 
tional users are normally persons whose 
general business is selling at retail items 
manufactured by others. Retailers are 
covered by Maximum Price Regulations 
Nos. 422 and 423, which also provide spe¬ 
cial pricing methods for items that a re¬ 
tailer may happen to manufacture or 
process himself (see section 25 of MPR 
422). Manufacturing retailers, there¬ 
fore, shall figure their maximum prices 
under those regulations. 

“Ultimate consumer”, means a person 
who buys the kind and brand of product 
being priced for direct consumption. 
However, the term does not include a 
commercial or industrial user, such as a 
baker, confectioner, restaurateur, or 
other food manufacturer. 

Sec. 3.2 When the processor must fig¬ 
ure a delivered price. Any processor who 















































FEDERAL REGISTER, Tuesday, February 8, 1944 1515 


regularly sold a purchaser the item being 
priced on a delivered basis during the 
calendar year 1941 shall figure a maxi¬ 
mum delivered price by increasing the 
maximum price for the item, f. o. b. fac¬ 
tory. by the amount of the transportation 
charge, per unit of that item, which he 
added to his f. o. b. factory price from the 
beginning of the 1941 pack to March 17, 
1942. The resulting price is the proces¬ 
sors maximum delivered price to that 
purchaser. The processor, of course, is 
free to sell his goods on an f. o. b. basis. 
However, in that event, the f. o. b. price 
charged plus the actual transportation 
charges incurred by the buyer shall not 
exceed the processor’s maximum price 
figured on a delivered basis. 

Sec. 3.3 Uniform delivered prices 
where the processor has customarily 
been selling on an f. o. b. factory basis. 

A processor whose maximum price for 
an item is on an f. o. b. factory basis 
may. if he wishes, establish u uniform 
maximum delivered price for the item, 
by zone or area, by adding to his f. o. b. 
factory price his weighted average trans¬ 
portation charge from factory to pur¬ 
chasers’ receiving points. For any zone 
or area, the “weighted average trans¬ 
portation charge” shall be figured by 
him as follows: He shall (1) deter¬ 
mine the total estimated transporta¬ 
tion charges which would have been in¬ 
curred if the shipments of the item 
which he made during the one-year 
period immediately preceding the date 
of calculation, to purchasers in that zone 
or area, had been at rates in effect on 
that date, and (2) divide that figure by 
the total number of - pounds or other 
units of the item included in those ship¬ 
ments. (Where more than one means 
of transportation is used, averages may 
be taken separately for each). The 
processor shall refigure his weighted 
average transportation charge at the 
end of each three-month period on the 
basis of shipments made during the one- 
year period immediately preceding the 
date of calculation and at rates in effect 
on that date. 

Sec. 3.4 Special packing expenses 
which may be reflected in maximum 
prices in sales to Government procure - 
ment agencies. 

Note: This section is derived from, and 
for the purposes of this regulation super¬ 
sedes, Supplementary Order No. 34, B issued 
by the Office of Price Administration. 

(a) Conditions under which special 
packing expenses may be reflected in 
maximum prices. Special packing ex¬ 
penses are a basis for increasing maxi¬ 
mum prices in sales to government 
procurement agencies only if all of the 
following conditions are satisfied: 

(1) The buyer must specifically re¬ 
quire that the commodity be packed or 
unpacked and repacked, to the buyer’s 
specifications. 

(2) The processor must show sepa¬ 
rately in his contract of sale, or on the 
invoice furnished to the buyer, the net 
charge being made for the packing (and 


‘8 Fit. 12404, 14073. 


any unpacking and repacking) specified 
by the buyer. 

(3) In addition to the records re¬ 
quired by section 5.9 of this regulation, 
the processor must prepare and keep for 
inspection by the Office of Price Ad¬ 
ministration, for so long as the Emer¬ 
gency Price Control Act of 1942, as 
amended, remains in effect, accurate 
records showing the total additional 
cost required by the special packing 
(and any unpacking and repacking) 
specified by the buyer, and the value of 
materials salvaged in the process. 

(b) Maximum prices in sales which 
meet the conditions of paragraph (a). 
In sales to a government procurement 
agency which meets the conditions of 
paragraph (a), the maximum prices of 
the processor and of any subcontractor 
under the processor’s contract of sale 
with the United States shall be the maxi¬ 
mum prices otherwise applicable, in¬ 
creased by the following amounts: 

(1) If the packing specified by the 
buyer differs from standard packing, the 
difference between the total cost of pack¬ 
ing to the specifications of the buyer and 
the total cost of standard packing, or 

(2) If the commodity has already been 
packed in standard packing and if re¬ 
packing to the specifications of the buyer 
is required, the total cost incurred in 
unpacking and repacking, less the rea¬ 
sonable value of salvaged materials, or 

(3) If the commodity has initially been 
packed to the specifications of the buyer 
in accordance with subparagraph (1) and 
if repacking to new specifications of the 
buyer is required, the amount permitted 
by subparagraph (1) plus the total cost 
of unpacking and repacking, less the rea¬ 
sonable value of salvaged materials. 

(c) Meaning of "total cost". “Total 
cost” means the direct material costs, 
direct labor costs, factory overhead and 
other expenses actually incurred in per¬ 
forming the operations described above. 
However, where these operations are per¬ 
formed for the processor or subcontrac¬ 
tor by an independent contractor (not 
affiliated with the processor) who does 
not process or sell the commodity but 
only packs it or prepares it for packing, 
the amount actually paid to the inde¬ 
pendent contractor shall be considered to 
be the “total cost” of such operations. 

(d) Meaning of "packing” and "stand¬ 
ard packing ”. “Packing” means the pro¬ 
viding of wrappings, inner containers, or 
outer containers; the placing of com¬ 
modities in such wrappings, inner con¬ 
tainers, or outer containers; and the 
application of any special coverings or 
coatings to insure shipment without 
damage. 

“Standard packing” means that pack¬ 
ing the cost of which was included in 
figuring the maximum price established 
by this regulation, or any other type of 
packing expressly referred to and ex¬ 
pressly priced in this regulation. 

Sec. 3.5 Label and labor allowances. 

(a) Label allowances shall be made by 
processors in the following circum¬ 
stances and in the following amounts: 


(1) When the processor sells any item 
covered by this regulation, unlabeled in 
containers no greater in content than a 
No. 10 can, the processor shall reduce 
the maximum price established under 
this regulation by at least the sum of 
$1.50 per thousand, for the number of 
labels used. 

(2) When any item covered by this 
regulation is sold unlabeled in containers 
not greater in content than a No. 10 can, 
the processor shall make a labor allow¬ 
ance by reducing the maximum price by 
at least the sum of one cent per case of 
such containers, in addition to the allow¬ 
ance provided in subdivision (1) above. 

(3) When the processor sells any item 
covered by this regulation in containers 
no greater in content than a No. 10 can, 
labeled with labels supplied to him by the 
purchaser, the processor shall reduce 
the maximum price established under 
this regulation by at least the sum of 
$1.50 per thousand for the number of 
labels used. 

Sec. 3.6 Maximum prices for products 
in new container types or sizes. The 
maximum price per unit for any item 
which is packed in a container type or 
size w T hich the processor did not sell prior 
to the effective date of this regulation 
shall be figured as follows. He shall: 

(a) Determine the base container . If 
the processor sold the same product 
(that is, the same kind, variety, grade, 
brand and style of pack) prior to the ef¬ 
fective date of this regulation, but only^ 
in other container types or sizes, he shall 
first determine the most similar con¬ 
tainer type for which he is able to figure 
a maximum price for that product under 
this regulation (even though he no 
longer sells that container type). From 
that container type he shall choose the 
nearest size which is 50% or less larger 
than the new size, or if there is no such 
size, 50% or less smaller (even though 
he no longer sells those sizes). This will 
be the base container. If there is no 
such smaller size, he shall go to the next 
most similar container type and proceed 
in the same manner to find the base con¬ 
tainer. 

Note: In most cases “the most similar con¬ 
tainer type” will be merely the container type 
which the processor is adding to or replacing, 
like the tin which he may be replacing with 
glass. Where there has been only a size 
change, “the most similar container type” 
will of course be the same container type. 
This is also true in the reverse situation; 
where there has been a change only in con¬ 
tainer type, the “nearest size” will be the 
same size. 

(b) Find the base price. The proces¬ 
sor shall take as the “base price” his 
maximum price under this regulation for 
the product when packed in the base 
container. However, if this maximum 
price is a price delivered to a purchaser 
or to any point other than the processor’s 
factory the processor shall first convert 
It to a base price f. o. b. factory by de¬ 
ducting whatever transportation charges 
were included in it. 

(c) Deduct the container cost. Tak¬ 
ing his base price f. o. b. factory, the 
processor shall then subtract the direct 








1516 


FEDERAL REGISTER, Tuesday ; February 8 , 1944 


cost of the base container. "Direct cost 
of the container" means the net cost, at 
the processor’s plant, of the container, 
cap, label and proportionate part of the 
outgoing shipping carton, but it does not 
include cost of filling, closing, labeling 
or packing. 

(d) Adjust for any difference in con- 
tents. The figure obtained by this de¬ 
duction shall then be adjusted, in the 
case of a size change, by dividing it by 
the number of units in the base container 
and multiplying the result by the number 
of the same units in the new container. 

(e) Add the new container cost to get 
the price f. o. b. factory. Next, the proc¬ 
essor shall add to the adjusted figure the 
"direct cost" of the container in the new 
type and size. If his maximum price 
for the commodity in the base container 
is an f. o. b. factory price, the resulting 
figure is the processor’s maximum price 
f. o. b. factory. 

(f) Convert to a maximum delivered 
price , if the maximum price for the base 
container is on a delivered basis. If the 
processor’s maximum price for the prod¬ 
uct in the base container is a delivered 
price, he shall figure transportation 
charges to be added as follows: 

The processor shall take the transpor¬ 
tation charges which he first deducted 
to get his base price and adjust them in 
exact proportion to the difference in 
shipping weight. If for any reason the 
product in the new container will move 
under a different freight tariff classifica¬ 
tion, the processor shall figure his trans¬ 
portation charges (by the same means of 
transportation and to the same destina¬ 
tion) on the basis of the new shipping 
weight, but at the rate in effect for that 
freight tariff classification on March 17, 
1942. Increases in tariff rates or trans¬ 
portation taxes made since March 17, 
1942, shall not be taken into account. 
(Similar principles shall apply where 
shipping volume is the measure of the 
transportation charge.) The processor 
shall then add these transportation 
charges to his f. o. b. factory price for 
the commodity in the new container. The 
resulting figure is the processor’s maxi¬ 
mum delivered price. 

Sec. 3.7 Individual authorization of 
maximum prices. If the processor's max¬ 
imum price for an item cannot be deter¬ 
mined under the other provisions of this 
regulation, he shall apply to the Office of 
Price Administration, Washington, D. C., 
for a maximum price. His application 
shall set forth: 

(a) A description in detail of the item 
for which a maximum price is sought, 
including its grade and brand name (if 
any) to be used, the number of packages 
in each shipping case, and a statement 
of the facts which make it different from 
the most similar item for which he has 
determined a maximum price, identify¬ 
ing the similar item and stating its max¬ 
imum price; 

(b) An itemized current cost break¬ 
down of the item to be priced, showing 
separately, according to his own system 
of accounts or regularly prepared operat¬ 
ing statements, all major component cost 


factors (e. g., direct costs, such as raw 
materials, packaging materials and 
direct labor; indirect costs, such as in¬ 
direct labor, factory overhead and sell¬ 
ing, advertising and administrative cost, 
together with an explanation showing 
the method of allocation of the indirect 
cost factors; and freight if sold on a de¬ 
livered basis) indicating whether each 
cost item is an actual or an estimated 
cost, and the identical current cost 
breakdown of the most closely com¬ 
parable food product which contributes 
substantially to his total volume of 
business; 

(c) The desired selling price for the 
item, including a statement showing the 
necessity for the desired selling price, 
any discounts or allowances which should 
be made applicable to the desired price, 
and (for comparison) the maximum sell¬ 
ing price with discounts and allowances, 
for the second product included in para¬ 
graph (b; of this section; and 

(d) The method of distribution to be 
employed by the processor in marketing 
the Item (i. e. whether it is to be sold to 
wholesalers, retailers, consumers or other 
classes of purchasers). 

Upon receipt of the application, the 
Office of Price Administration will au¬ 
thorize the maximum price, or a method 
of determining the maximum price, for 
the applicant or for the sellers of the item 
generally, including purchasers for resale 
or for a class of such resellers. Separate 
maximum prices will be authorized for 
sales to government procurement 
agencies. 

Until a maximum price is authorized, 
the applicant may deliver the item but he 
may not render an Invoice or receive pay¬ 
ment for it. 

Where any cost factor set forth in the 
application is an estimated amount, the 
processor shall file with the Office of 
Price Administration, Washington, D. C., 
within six months but not earlier than 
three months after his maximum price 
has been authorized, a statement show¬ 
ing the actual cost of that factor in his 
production of the item prior to the filing 
date of such statement. 

Sec. 3.8 Restrictions on sales to pri¬ 
mary distributors. For sales of any 
packed citrus product, made during the 
one-year period commencing October 1, 
1943, no processor may sell to primary 
distributors a greater percentage than he 
sold to primary distributors during the 
one year period ending April 28, 1942. 

ARTICLE IV—PROVISIONS APPLICABLE TO PRI¬ 
MARY DISTRIBUTORS AND OTHER INTERME¬ 
DIATE SELLERS 

Sec. 4.1 Maximum prices in sales by 
primary distributors. "Primary distrib¬ 
utor” means a distributor, other than a 
wholesaler or retailer, who purchases all 
he sells (for his own account) of the kind 
and brand of packed citrus product being 
priced and who customarily receives 
shipment from the processor of at least 
50% of his purchases in carload lots de¬ 
livered for storage into a warehouse or 
other receiving station not owned or con¬ 
trolled by any of his customers, for resale 
by him in less-than-carload lots. 


There are two pricing methods for 
primary distributors. 

Pricing method No. 1. A primary dis¬ 
tributor may use the following pricing 
method only if he sold the kind and va¬ 
riety of packed citrus product being 
priced (as a primary distributor) before 
April 28, 1942, and he may use this pric¬ 
ing method only when he is selling, in 
less-than-carload lots, merchandise 
which he has actually warehoused (in 
normal situations the pricing method 
will give him the same dollars-and-cents 
margin that he previously had). 

If the processor’s maximum price for 
the item under this regulation is greater 
than the processor’s maximum price un¬ 
der the maximum price regulation previ¬ 
ously applicable to the processor, the 
primary distributor shall add the differ¬ 
ence to the maximum price which he 
had immediately prior to the effective 
date of this regulation. If the proces¬ 
sor’s maximum price for it under this 
regulation is less than the processor's 
maximum price under the maximum 
price regulation previously applicable, 
the primary distributor shall subtract 
the difference from the maximum price 
which he had immediately prior to the 
effective date of this regulation. How¬ 
ever, in no event may the primary dis¬ 
tributor's maximum price be greater 
than his net delivered cost (based upon 
purchases directly from the processor) 
plus a mark-up of 8% of that cost. The 
resulting figure in each case is the pri¬ 
mary distributor’s maximum price for 
the item when warehoused by him and 
sold in less-than-carload lots. 

Examples. The processor’s ceiling price for 
grapefruit Juice under Maximum Price Regu¬ 
lation 300 and under this regulation are the 
same, therefore, the primary distributor’s 
maximum price remains the same under this 
regulation as it was under Maximum Price 
Regulation 300. 

The processor’s ceiling price under Maxi¬ 
mum Price Regulation 280 for fancy orange 
juice packed in No. 2 size cans was $1.40 per 
dozen. Under this regulation it is now $1.70 
per dozen. The primary distributor there¬ 
fore adds the Increase of 30 cents tp his own 
ceiling price under Maximum Price Regula¬ 
tion 280, provided that the maximum price so 
determined does not exceed his net delivered 
cost plus a mark-up of 8% of that cost. 

The primary distributor handled packed 
grapefruit Juice as a primary distributor be¬ 
fore April 28. 1942. He added packed orange 
Juice to his line In October, 1942. Although 
he may use Pricing Method No. 1 for packed 
grapefruit Juice, he must use Pricing Method 
No. 2 for packed orange Juice. 

If the primary distributor handled the 
kind and variety of packed citrus product 
being priced before April 28, 1942, but 
did not handle the particular grade, 
brand, style of pack, container size or 
type being priced before the effective 
date of this regulation, his maximum 
price for the new item shall be his net 
delivered cost (based on his first pur¬ 
chase of the item after that date direct 
from the processor) multiplied by a 
mark-up factor. This mark-up factor 
shall be figured by dividing his maximum 
price (as figured under this section) for 
the most closely comparable item of that 







1517 





FEDERAL REGISTER, Tuesday , February 8, 1944 


kind and variety of packed citrus prod¬ 
uct already handled by him by the net 
delivered cost to him of that item. He 
may apply this mark-up factor only 
when he is selling in less-than-carload 
lots merchandise which he has actually 
warehoused. 

Pricing method No. 2. For all items, 
and for sales of such items, which are not 
covered by Pricing Method No. 1, the pri¬ 
mary distributor’s maximum price, f. o. b. 
shipping point, shall be the maximum 
price of his supplier, f. o. b. shipping 
point, plus incoming freight paid by him. 

Sec. 4.2 Maximum prices in sales by 
distributors who are not primary distrib¬ 
utors, wholesalers , or retailers. “Dis¬ 
tributor” means a person who purchases 
all he sells (for his own account) of the 
kind and brand, if any, of packed citrus 
product being priced and resells it with¬ 
out processing any part of it. 

The maximum price, f. o. b. shipping 
point, of a distributor who is not a pri¬ 
mary distributor, wholesaler or retailer 
shall be the maximum price of his sup¬ 
plier, f. o. b. shipping point, plus incom¬ 
ing freight paid by him. 

ARTICLE V—MISCELLANEOUS PROVISIONS OF 
GENERAL APPLICABILITY 

Sec. 5.1 Grades and invoices, (a) 
The provisions of this section apply to all 
sellers whether or not processors, who 
affix labels and cause labels to be affixed 
to the packed citrus products covered by 
this regulation, packed by them or pur¬ 
chased for resale. However, the provi¬ 
sions of this section shall not apply to 
any products sold to government pro¬ 
curement agencies. 

(b) The term “grade” When used in 
this regulation, means the grade, at the 
time of shipment by the seller, as estab¬ 
lished and defined by the United States 
bepartment of Agriculture. 

(c) On and after February 4, 1944, 
each seller selling any item covered by 
this regulation shall furnish the pur¬ 
chaser, at or before the time of delivery, 
with an invoice describing such item and 
separately stating the grade thereof. 

(d) The grade of the item shall be 
shown on the invoice by use of the United 
States Department of Agriculture grade 
designation by letter or descriptive term. 
For example, the grade of an item which 
conforms to the specifications for U. S. 
“Grade A” may be designated on the in¬ 
voice “Grade A” or by the descriptive 
term “Fancy”. 

<e) In any case in which standards or 
definitions are established by the United 
States Department of Agriculture or un¬ 
der authority of the Federal Food, Drug, 
and Cosmetic Act for sirup or packing 
medium for any packed fruit covered 
by this regulation, the statement of grade 
on the invoice shall show the sirup or 
packing medium and shall be described 
by the same description as that used in 
the applicable standard or definition. 

(f) A processor shall not be subject to 
any criminal penalty, civil enforcement 
action or suit for treble damages under 
the Emergency Price Control Act of 1942, 
as amended, for failure of an item 
covered by this regulation to conform to 
the grade designated on the invoice is¬ 


sued with respect thereto if (1) within 
90 days prior to shipment of the item by 
the processor to the purchaser, the Food 
Distribution Administration (or any suc¬ 
cessor thereto) has issued to the proc¬ 
essor a Certificate of Quality and Condi¬ 
tion for Processed Fruits and Vegetables 
(or any similar certificate) covering a 
lot or lots which include such item and 
from which lot or lots samples have been 
drawn by official graders of the Food 
Distribution Administration (or any suc¬ 
cessor thereto) and (2) the grade desig¬ 
nated on the invoice conforms to the 
grade designated on the certificate. 

(g) A person who purchases an item 
covered by this regulation from a proc¬ 
essor and who relies in good faith upon 
the grade designated on the invoice fur-' 
nished to him by the processor shall not 
be subject to any criminal penalty or 
civil enforcement action under the 
Emergency Price Control Act of 1942, as 
amended, in connection with such pur¬ 
chase for failure of the item to conform 
to the grade designated on the invoice. 
Such person may resell the item at the 
grade designated on the invoice and shall 
not be subject to any criminal penalty, 
civil enforcement action, or suit for 
treble damages under the Emergency 
Price Control Act of 1942, as amended, in 
connection with such resale. 

(h) Nothing herein contained shall be 
deemed or construed to restrict or limit 
any of the requirements of the Federal 
Food, Drug, and Cosmetic Act, or any 
regulation promulgated thereunder. 

Sec. 5.2 Weights. Where label weights 
are used, prices figured by weight shall 
be based on the weights named on the 
label and not on actual fill. 

Sec. 5.3 Treatment of federal and state 
taxes. Any tax incident to the sale, de¬ 
livery, processing, or use of an item 
covered by this regulation, imposed by 
any statute or ordinance, shall be treated 
as follows in determining the seller’s 
maximum price for the item, and in pre¬ 
paring the records required by this regu¬ 
lation: 

(a) As to a tax in effect during March , 
1942. (1) If the seller paid the tax or if 

the tax was paid by any prior vendor, ir¬ 
respective of whether the amount was 
separately stated and collected from the 
seller, but during March 1942 the seller 
did not customarily state and collect, 
separately from the purchase price, the 
amount of the tax paid by him (or tax 
reimbursement collected from him by 
his supplier), the seller may not collect 
the amount in addition to the maximum 
price under this regulation. 

(2) In all other cases, if at the time the 
seller determines his maximum price the 
statute or ordinance imposing the tax 
does not prohibit the seller from stating 
and collecting the tax separately from 
the purchase price, and the seller does 
state it separately, the seller may col¬ 
lect, in addition to the maximum price, 
the amount of the tax actually paid by 
him (or an amount equal to the amount 
of tax paid by any prior seller and sepa¬ 
rately stated and collected from the sell¬ 
er by his supplier). In this case the 
seller shall not include the amount in 


determining his maximum price under 
this regulation. 

(b) As to a tax or tax increase which 
becomes effective after March , 1942 . If 
the statute or ordinance imposing the 
tax or tax increase does not prohibit the 
seller from stating and collecting the tax 
or increase separately from the purchase 
price, and the seller does separately state 
it, the seller may collect, in addition to 
the maximum price, the amount of the 
tax or increase actually paid by him (or 
an amount equal to the amount of tax 
paid by any prior seller and separately 
stated and collected from the seller by 
his supplier). However, the tax on the 
transportation of property imposed by 
section 620 of the Revenue Act of 1942 
shall, for purposes of determining the 
maximum price of any item, be treated 
as if it were an increase of 3% in the 
amount charged by persons engaged in 
the business of transporting property for 
hire. It shall not be treated as a tax for 
which a charge may be made in addition 
to the maximum price. (This exception 
is derived from, and for the purposes of 
this regulation supersedes, Supplemen¬ 
tary Order No. 31,” issued by the Office of 
Price Administration.) 

Sec. 5.4 Units of sale and fractions of a 
cent, (a) Maximum prices shall be 
stated in terms of the same general units 
(like pounds, dozens, etc.) in which the 
seller has customarily quoted prices for 
the product. 

(b) Amounts computed in the process 
of figuring a maximum price (other than 
the maximum price itself) shall be car¬ 
ried to four decimal places (hundredths 
of a cent). On sales to government pro¬ 
curement' agencies, the maximum price 
itself shall be carried to four decimal 
places. If any figured maximum price 
(other than on sales to government pro¬ 
curement agencies) includes a fraction 
of a cent, the seller shall adjust the price 
to the nearest fractional unit of a cent 
(like ltf, etc.) in which he has cus¬ 
tomarily quoted prices for the product. 

Sec. 5.5 Maintenance of customary 
discounts and allowances. For sales to 
purchasers other than government pro¬ 
curement agencies, no person shall 
change any customary allowance, dis¬ 
count or other price differential to a pur¬ 
chaser # or class of purchasers, if the 
change results in a higher net price to 
that purchaser or class. 

Sec. 5.6 Export and import sales. 
The maximum price at which a person 
may export any item covered by this reg¬ 
ulation shall be determined in accord¬ 
ance with the Second Revised Maximum 
Export Price Regulation, 1 and amend¬ 
ments. Sales of products which have 
been processed or packed outside of the 
geographical area to which this regula¬ 
tion applies are not covered by the regu¬ 
lation except in cases where the goods 
being priced are located within the area 
at the time of sale. 

Sec. 5.7 Payment of brokers. In ac¬ 
cordance with existing trade custom, 
every broker shall be considered as the 
agent of the seller and not the agent of 


«7 PR. 9894; 8 F.R. 1312, 3702. 9521. 
T 8 PR. 4132, 5987, 7662, 9998. 15193. 








1518 


FEDERAL REGISTER, Tuesday, February 8, 1944 


the buyer. In each case, the amount 
paid by the buyer to the seller plus any 
amount paid by the buyer to the broker 
shall not exceed the seller’s maximum 
price plus allowable transportation ac¬ 
tually paid by the seller or by the broker. 
The term “broker” includes a “finder”. 

Sec. 5.8 Notification of new maximum 
price. With the first delivery of an item 
after the effective date of this regulation, 
or any amendment or order of the Office 
of Price Administration authorizing or 
directing a change in maximum price, in 
any case where the seller’s new maximum 
price is different from the maximum 
price he previously had for the same 
item, he shall: 

(a) Supply each wholesaler and re¬ 
tailer who purchases from him with writ¬ 
ten notice as set forth below: 


(Insert date) 

NOTICE TO WHOLESALERS AND RETAILERS 

Our OPA ceiling price for ( describe item 
by kind, variety , grade, brand, style of pack , 
and container type and size) has been 
changed by the Office of Price Administra¬ 
tion. We are authorized to Inform you that 
If you are a wholesaler or retailer pricing this 
item under Maximum Price Regulations Nos. 
421, 422 or 423, you must refigure your ceil¬ 
ing price for this item on the first delivery 
of it to you from your customary type of sup¬ 
plier containing this notification after ( insert 
effective date of this regulation, amendment 
or order of the Office of Price Administration 
authorizing or directing change in maximum 
price). You must reflgure your ceiling price 
following the rules in section 0 of Maximum 
Price Regulations Nos. 421, 422 and 423, 
whichever Is applicable to you. 

For a period of 60 days after determin¬ 
ing the new maximum price for the item, 
and with the first shipment after the 60- 
day period to each person who has not 
made a purchase within that time, each 
seller shall include in each case, carton, 
or other receptacle containing the item, 
the written notice set forth above, or 
securely attach it to the outside. How¬ 
ever, for sales direct to any retailer, the 
seller may supply the notice by attaching 
It to, or stating it on, the invoice cover¬ 
ing the shipment, instead of providing it 
with the goods. 

<b) Notify each purchaser of the item 
who is a distributor other than a whole¬ 
saler and retailer of the establishment 
of the new maximum price by written 
notice attached to, or stated on, the in¬ 
voice Issued in connection with the first 
transaction with such purchaser after 
the effective date of this regulation, 
amendment or order of the Office of Price 
Administration authorizing or directing 
the change in maximum price, as fol¬ 
lows: 


(Insert date) 

NOTICE TO DISTRIBUTORS OTHER THAN WHOLE¬ 
SALERS AND RETAILERS 

Our OPA ceiling price for ( describe item 
by kind, variety, brand, style of pack, and 
container type and size) has been changed 

from $-to $-under the provisions 

of Maximum Price Regulation No. 509. You 
are required to notify all wholesalers and re¬ 
tailers for whom you are the customary type 
of supplier, purchasing the item from you 
after ( insert effective date of this regulation, 
amendment or order of the Office of Price 


Administration authorizing or directing 
change in maximum price), of any allowable 
change In your maximum price. This notice 
must be made In the manner prescribed In 
section 6.8 of Maximum Price Regulation No. 
600. 

Sec. 5.9 Records which must be kept . 
Every person who makes sales covered by 
this regulation shall: 

(a) Make and preserve for examina¬ 
tion by the Office of Price Administra¬ 
tion, for so long as the Emergency Price 
Control Act of 1942, as amended, shall 
remain in effect, all records of the same 
kind as he has customarily kept, relat¬ 
ing to the prices which he charged in 
those sales; and 

(b) Preserve for examination by the 
Office of Price Administration, for the 
same period, all his existing records 
which were the basis of figuring his 
maximum prices in the manner directed 
by this regulation, showing the method 
used in figuring the maximum prices. 

Sec. 5.10 Sales slips and receipts. Any 
seller who has customarily given a pur¬ 
chaser a sales slip, receipt, or similar 
evidence of purchase, shall continue to 
do so. Upon request, any seller, regard¬ 
less of previous custom, shall give the 
purchaser a receipt showing the date, 
the name and address of the seller, the 
name of each item sold, and the price 
received for it. 

Sec. 5.11 Transfers of business or stock 
in trade. If the business, assets or stock 
in trade of a seller subject to this regula¬ 
tion are sold or otherwise transferred on 
and after April 28. 1942, and the trans¬ 
feree carries on the business, or continues 
to deal in the same type of food product, 
in an establishment separate from any 
other establishment previously owned or 
operated by him, the maximum prices of 
the transferee shall be the same as those 
to which his transferor would have been 
subject if no such transfer had taken 
place, and his obligations to keep records 
sufficient to verify such prices shall be 
the same. The transferor shall either 
preserve and make available, or turn over 
to the transferee, all records of transac¬ 
tions prior to the transfer which are 
necessary to enable the transferee to 
comply with the record provisions of this 
regulation. 

Sec. 5.12 How a maximum price is 
established and how an established 
maximum price can be changed. On 
and after the effective date of this regu¬ 
lation, a price figured for any item be¬ 
comes established (that is, fixed) as the 
seller’s maximum price for such type of 
sale as soon as he has either filed the 
price or disclosed it to any prospective 
customer, whether by sale, delivery, of¬ 
fer, or notice of any kind, provided that 
the figured price is not higher than the 
applicable pricing method allows. A 
maximum price for any item may be 
established only once, and it may not be 
changed by the seller except (a) with 
the written permission of the District 
Office of the Office of Price Administra¬ 
tion for the area in which he is located 
in cases where the seller has figured his 
maximum price lower than the ap¬ 
plicable pricing method allows, and (b) 
in cases where a change in this regula¬ 
tion changes the seller’s applicable pric¬ 


ing method, and (c) in cases where a 
provision of this regulation or order 
issued under it directs the seller to re¬ 
flgure his price. 

If the seller is disclosing a price lower 
than the one he figured, he may estab¬ 
lish the higher (figured) price as his 
maximum price at the time of disclosure 
only by recording it and naming it as 
such, in ink on his books, before he dis¬ 
closes the lower price. A seller who has 
not figured a price for an item may de¬ 
liver the item, but he may not receive 
payment for it until he has established 
a maximum price in accordance with 
the rules of this section. 

Sec. 5.13 Adjustable pricing. Any 
person may agree to sell at a price which 
can be increased up to the maximum 
price in effect at the time of delivery 
but no person may, unless authorized by 
the Office of Price Administration, de¬ 
liver or agree to deliver at prices to be 
adjusted upward in accordance with 
action taken by the Office of Price Ad¬ 
ministration after delivery. Such au¬ 
thorization may be given when a request 
for a change in the applicable maximum 
price is pending, but only if the authori¬ 
zation is necessary to promote distribu¬ 
tion or production and if it will not in¬ 
terfere with the purposes of the Emer¬ 
gency Price Control Act of 1942, as 
amended. The authorization may be 
given by the Administrator or by any 
official of the Office of Price Administra¬ 
tion having authority to act upon a 
pending request for a change in price or 
to give the authorization. The authori¬ 
zation will be given by order, except that 
it may be given by letter or telegram 
when the contemplated revision will be 
the granting of an individual applica¬ 
tion for adjustment. 

Sec. 5.14 Compliance xcith this regu¬ 
lation —(a) No selling or buying above 
maximum prices. Regardless of any 
contract or obligation no person shall 
sell or deliver, or buy or receive in the 
course of trade, any item at a price 
higher than the maximum price estab¬ 
lished for the sale by this regulation. 
However, price lower than the maximum 
price may be charged and paid. 

However, the prohibition of this para¬ 
graph does not apply to (1) any war 
procurement agency of the United 
States, or its contracting or paying 
finance officers, or (2) the government 
(or its agencies) of any country the de¬ 
fense of which the President of the 
United States deems vital to the defense 
of the United States under the terms of 
the Act of March 11, 1941, entitled, “An 
Act to Promote the Defense of the United 
States”. No such purchaser or person 
shall be subject to the liabilities other¬ 
wise imposed by this section or by the 
Emergency Price Control Act of 1942. 
“War procurement agency” includes the 
War Department, the Department of the 
Navy, the United States Maritime Com¬ 
mission, the Lend-Lease Section of the 
Procurement Division of the Treasury 
Department, and the following subsidi¬ 
aries of the Reconstruction Finance Cor¬ 
poration : the Defense Plant Corporation, 
the Rubber Reserve Corporation, the 
Metals Reserve Corporation, and the 
Defense Supplies Corporation, or any of 











FEDERAL REGISTER, Tuesday, February 8, 1944 


1519 


their agencies. (This exception is de¬ 
rived from, and for the purpose of this 
regulation supersedes, Supplementary 
Order No. 7.* issued by the Office of Price 
Administration). 

(b) Evasion . Nor shall any person 
evade a maximum price, directly or in¬ 
directly, whether by commission, service, 
transportation, or other charge, or dis¬ 
count, premium or other privilege; by 
tying-agreement or other trade under¬ 
standing; by any change of style of pack; 
by a business practice relating to grad¬ 
ing, labeling, or packaging, or in any 
other way. 

(c) Enforcement. Any person violat¬ 
ing a provision of this regulation is sub¬ 
ject to the criminal penalties, civil en¬ 
forcement actions, license suspension 
provision, and suits for treble damages 
provided by the Emergency Price Con¬ 
trol Act of 1942, as amended. 

(d) Licensing . The provisions of Li¬ 
censing Order No. 1,® licensing all per¬ 
sons who make sales under price control, 
are applicable to all sellers subject to 
the regulation. A seller's license may be 
suspended, for violations of the license 
or one or more applicable price sched¬ 
ules or regulations. A person whose li¬ 
cense is suspended may not, during the 
period of suspension, make any sale for 
which his license has been suspended. 

Sec. 5.15 Adjustment of maximum 
prices of food products under “Govern¬ 
ment contracts” or subcontracts. 

Note: This section Is derived from, and for 
the purpose of this regulation supersedes. 
Supplementary Order No. 9 10 issued by the 
Office of Price Administration. 

(a) The Office of Price Administra¬ 
tion, either on its own motion or on ap¬ 
plication for adjustment in accordance 
with Procedural Regulation No. 6, 11 and 
amendments, may adjust the maximum 
price of any seller who has entered into 
or proposes to enter into a Government 
contract (or subcontract) for the sale of 
an item of a food product essential to the 
war program, whenever it appears that 
the maximum price impedes or threatens 
to impede its production, manufacture, 
or distribution. The applicant's over¬ 
all profits will be an important consid¬ 
eration in determining the action to be 
taken. 

(b) From 5 days prior to the filing of 
an application for adjustment until its 
final disposition, contracts may be en¬ 
tered into or proposed and bids sub¬ 
mitted at the price requested in the ap¬ 
plication, and deliveries may be made 
under such contracts. However, no 
amount by which the price exceeds the 
maximum price may be paid or received 
until an order granting a higher price 
has been issued. Ir» each sale, contract 
to sell, or offer to sell, at a price requested 
in the application, the seller shall fur¬ 
nish the buyer with a statement showing 
the following; 

(1) The maximum price for the item; 

and 


"7 P R. 5178. 

®8 P.R. 13240. 

“7 F.R. 5444, 9323, 8 P.R. 4510, 4785, 6175. 
u 7 Fit. 5087, 5664, 8 PR. 6173, 6174, 12024. 

NO. 27-4 


(2) The filing of an appropriate ap¬ 
plication with the Office of Price Admin¬ 
istration, or the intention to file it within 
6 days. 

(c) Any government agency may ap¬ 
pear as an interested party in connection 
with the application. 

(d) “Food product essential to the war 
program” means any food product pur¬ 
chased (1) for the ultimate use of the 
Army, the Navy, the Maritime Commis¬ 
sion or the War Shipping Administra¬ 
tion of the United States, or the Lend- 
Lease Section of the Procurement Divi¬ 
sion of the Treasury Department, or (2) 
by the government (or its agencies) of 
any country whose defense the President 
deems vital to the defense of the United 
States under the terms of the Act of 
March 11, 1941, entitled “An Act to Pro¬ 
mote the Defense of the United States," 
or (3) for use in the production or manu¬ 
facture of any such food product. 

“Government contract” means a con¬ 
tract with the United States, or an 
agency, or with the government (or its 
agencies) of any country whose defense 
the President deems vital to the defense 
of the United States under the terms of 
the Act mentioned above. 

“Subcontract” means a purchase order 
or agreement to perform all or part of 
the work required tinder or to make or 
furnish any commodity needed for the 
performance of, another Government 
contract or subcontract. 

Sec. 5.16 Applications for adjustment 
by sellers who have been found to have 
violated the Robinson-Patman Act . 

Note: This section is derived from, and for 
the purpose of this regulation supersedes. 
Supplementary Order No. 41,“ issued by the 
Office of Price Administration. 

(a) The Office of Price Administration 
may adjust the maximum price estab¬ 
lished for any seller in any case in which 
he shows: 

(1) That he has been found by the 
Federal Trade Commission, or any court 
of competent jurisdiction, to have dis¬ 
criminated in price between different 
purchasers of commodities in violation 
of the provisions of the Robinson-Pat- 
man Act (49 Stat. 1526) or of any state 
statute prohibiting price discrimination; 
and 

(2) That the elimination of the dis¬ 
crimination by lowering his price to the 
purchasers against whom he has been 
found to have discriminated would cause 
him substantial hardship; and 

(3) That the elimination of the dis¬ 
crimination by increasing his price to the 
purchasers in whose favor he has been 
found to have discriminated is pro¬ 
hibited by this regulation. 

(b) Applications for adjustment un¬ 
der this provision shall be filed with the 
Office of Price Administration, Washing¬ 
ton, D. C., in accordance with the pro¬ 
visions of Revised Procedural Regulation 
No. 1“ issued by the Office of Price Ad¬ 
ministration. 

Sec. 5.17 Petitions for amendment . 
Any person seeking a general modiflca- 


“ 8 FJR. 4782. 

“8 FJR. 3313, 3533. 6173, 11806. 


tion of this regulation may file a petition 
for amendment in accordance with Re¬ 
vised Procedural Regulation No. 1. 

Effective date. This regulation shall 
become effective February 4, 1944. 

Note: All record-keeping and reporting re¬ 
quirements of this regulation have been ap¬ 
proved by the Bureau of the Budget, in ac¬ 
cordance with the Federal Reports Act of 
1942. 

Issued this 4th day of February 1944. 

Chester Bowles, 
Administrator. 

(F. R. Doc. 44-1729; Filed, February 4, 1944; 

11:26 a. m.] 


Part 1439— Unprocessed Agricultural 
Commodities 

|MPR 511] 

OATS, BARLEY AND GRAIN SORGHUMS 

In the judgment of the Price Admin¬ 
istrator it is necessary and proper, in 
order to effectuate the purposes of the 
Emergency Price Control Act of 1942, as 
amended, and Executive Orders Nos. 
9250 and 9328, that the maximum prices 
for the sale of oats, barley and grain 
sorghums, as established by Temporary 
Maximum Price Regulation No. 33, be 
continued in effect as provided in this 
Maximum Price Regulation No. 511. 

Tills regulation is issued pursuant to a 
directive of the Economic Stabilization 
Director, under section 5 of Executive 
Order 9328, authorizing and directing the 
Price Administrator and the Food Ad¬ 
ministrator to issue a regulation estab¬ 
lishing maximum prices on oats, barley 
and grain sorghums which are substan¬ 
tially the same in effect as those estab¬ 
lished by Temporary Maximum Price 
Regulation No. 33. Since the prices so 
established will exceed those which would 
reflect parity, the Economic Stabiliza¬ 
tion Director has further directed the 
Price Administrator and the Food Ad¬ 
ministrator to prepare and issue as rap¬ 
idly as is reasonably possible either a re¬ 
vision of this regulation or new regula¬ 
tions which will establish maximum 
prices on oats, barley and grain sorghums 
that will reflect parity to the producers of 
these agricultural commodities. 

In fixing the maximum prices estab¬ 
lished by this regulation, adequate 
weighting has been given to farm labor 
and, so far as practicable, representative 
members of the industry which will be 
affected have been consulted. In the 
judgment of the Price Administrator the 
maximum prices herein established are 
in accordance with and will further the 
purposes of the Emergency Price Con¬ 
trol Act of 1942, as amended, and Execu¬ 
tive Orders Nos. 9250 and 9328. A state¬ 
ment of the considerations involved in 
the issuance of this regulation has been 
issued simultaneously herewith and has 
been filed with the Division of the Fed¬ 
eral Register.* 

§ 1439.11 Maximum prices for oats , 
barley and grain sorghums. Under the 


•Copies may be obtained from the Office of 
Price Administration. 








1520 


FEDERAL REGISTER, Tuesday, February 8, 1944 


pounds or more: Provided , That a lot of 
grain of 30,000 pounds or more shipped 
in a mixed car or pool car shall be con¬ 
sidered a carload quantity. 

(4) “On track” means loaded on a rail¬ 
road car in a carload quantity. 

(5) “Oats” means the grain defined as 
such in the Official Grain Standards of 
the United States. References to grades 
are also to said Official Grain Standards 
of the United States. 

(6) “Barley” means the grain defined 
as such in the Official Grain Standards 
of the United States. References to 


Base point: 

Chicago, Ill_ 

Minneapolis, Minn.. 

Kansas City, Mo_ 

Omaha, Nebr_ 

Port Worth, Tex_ 

San Francisco, Calif. 

Portland, Oreg_ 

Seattle, Wash_ 


(b) The maximum price for sales of 
other grades, kinds and quantities of 
oats at any of the above named markets 
shall be the premium or discount, as the 
case may be, normal to the trade over 
or under the foregoing maximum price 
set forth in paragraph (a). 

(c) The maximum price bulk, on track 
at other points shall be the premium or 
discount, as the case may be, normal to 
the trade over or under the foregoing 
maximum price at said base points. 

(d) For sellers, other than a track 
seller, the foregoing maximum prices 
shall be increased or decreased, as the 
case may be, by the premium or discount 
normal to the trade, for the class of sale, 


Base point: 

Chicago. Ill_ 

Minneapolis, Mlnn__. 

Kansas City, Mo_ 

Omaha, Nebr_ 

Fort Worth, Tex- 

Seattle, Wash_ 

Portland, Oreg_ 

San Francisco, Calif. 


authority vested in the Price Adminis¬ 
trator by the Emergency Price Control 
Act of 1942, as amended, and Executive 
Orders 9250 and 9328, Maximum Price 
Regulation 511, which is amended hereto 
and made a part hereof, is hereby issued. 

Authority: § 1439.11 issued under 56 Stat. 
23, 765; Pub. Law 151, 78th Cong.; E.O. 9250, 
7 F.R. 7871; E.O. 9328, 8 FR. 4681. 

Maximum Price Regulation 511— Oats, 
Barley and Grain Sorghums 

CONTENTS 

Sec. 

1. Maximum prices. 

2. Applicability. 

3. Definitions. 

4. Maximum prices for sales of oats. 

5. Maximum prices for sales of barley. 

6. Maximum prices for sales of grain sor¬ 

ghums. 

7. Export sales. 

8. Adjustable pricing. 

9. Documents and reports. 

10. Evasive practices. 

11. Enforcement. 

12. Licensing. 

13. Petitions for amendment. 

Section 1. Maximum prices. Regard¬ 
less of any contract, agreement or other 
obligation, no person shall sell or deliver 
oats, barley and grain sorghums, and no 
person shall in the course of trade or 
business buy or receive oats, barley and 
grain sorghums at prices higher than the 
maximum prices set forth in this Maxi¬ 
mum Price Regulation No. 511; and no 
person shall agree, offer, solicit or at¬ 
tempt to do any of the foregoing: Pro¬ 
vided, That any contracts for the sale 
or purchase of oats, barley or grain sor¬ 
ghums made and entered into between 
December 6, 1943 and February 4, 1944, 
both dates inclusive, which comply with 
the provisions of Temporary Maximum 
Price Regulation No. 33 and any con¬ 
tracts made and entered into on or be¬ 
fore December 5,1943, may be performed 
according to their terms. Lower prices 
may be charged, demanded, paid or of¬ 
fered. 

Sec. 2. Applicability, (a) Except as 
provided in paragraph (b) of this sec¬ 
tion and in section 1, this regulation 
shall apply to all sales, whether for im¬ 
mediate or future delivery, within the 
48 States and the District of Columbia of 
the United States of imported and do¬ 
mestic oats, barley and grain sorghums. 

(b) This regulation shall have no ap¬ 
plication to sales of oats, barley and grain 
sorghums used as seed for planting. 

Sec. 3. Definitions, (a) As used 
herein the following terms shall have the 
following meanings: 

(1) “Bushel” means 32 pounds net 
weight for oats, 48 pounds net weight 
for barley and 56 pounds net weight for 
grain sorghums. 

(2) “Person” means an individual, 
corporation, partnership, association or 
other organized group of persons or legal 
successor or representatives, of any of 
the foregoing and includes the United 
States or any agency thereof, any other 
government, or any of its political sub¬ 
divisions, and any agency of any af the 
foregoing. 

(3) “Carload quantity” means a lot of 
oats, barley or grain sorghums of 60,000 


(b) The maximum price for sales of 
other grades, kinds and quantities of 
barley at any of the above-named mar¬ 
kets shall be the premium or discount, as 
the case may be, normal to the trade, 
over or under the foregoing maximum 
price set forth in paragraph (a). 

(c) The maximum price, bulk, on 
track, at other points shall be the pre¬ 
mium or discount, as the case may be, 
normal to the trade over or under the 
foregoing maximum price at said base 
points. 

(d) For sellers, other than a track 
seller, the foregoing maximum prices 
shall be increased or decreased, as the 
case may be, by the premium or discount 
normal to the trade for the class of sale, 
and class of purchaser in question over 
or under the maximum price on track at 
or nearest to the point of delivery to the 
purchaser. 

(e) For sales, sacked, the foregoing 
maximum prices may also be increased 


grades are also to said Official Grain 
Standards of the United States. 

(7) “Grain sorghums” means the 
grains defined as such in the Official 
Grain Standards of the United States. 
References to grades are also to said Offi¬ 
cial Grain Standards of the United 
States. 

(8) “Standard merchantable quality” 
shall have the meaning normally 
ascribed to it by the trade. 

Sec. 4. Maximum prices for sales of 
oats, (a) The maximum price for sales 
of oats, in carload quantities, shall be 
as follows: 


Maximum price 

No. 3 White—$0.80i/ 2 bushel, bulk 

No. 3 White— 0.78 bushel, bulk 

No. 3 Red — 0.83*/ a bushel, bulk 

No. 3 White— 0.79 bushel, bulk 

No. 3 White— 0.92 bushel, bulk 

No. 2 Red — 3.15 per 100 pounds, sacked 

No. 2 White—38 pounds—$52.50 ton, bulk 

No. 2 White—38 pounds— 52.50 ton, bulk 


and class of purchaser in question over 
or under the maximum price on track at 
or nearest to the point of delivery to the 
purchaser. 

(e) For sales sacked, the foregoing 
maximum prices may also be increased 
by the reasonable value (not exceeding 
the maximum price) of the sacks fur¬ 
nished by the seller and the reasonable 
value (not exceeding the maximum 
price) for the sacking furnished by the 
seller. 

Sec. 5. Maximum prices for sales of 
barley, (a) The maximum price for 
sales of barley in carload quantities shall 
be as follows; 


Maximum price 
No. 3—$1.26 per bushel, bulk 
No. 2— 1.36 per bushel, bulk 
No. 2— 1.16*4 per bushel, bulk 
No. 2— 1.15 per bushel, bulk 
No. 2— 1.31 per bushel, bulk 
No. 2—45 pounds, $49.00, ton, bulk 
No. 2—West 45 pounds, $50.00, ton, bulk 
Bright West, 44 pounds $2.70, per 100 pounds, 
sacked. 


by the reasonable value (not exceeding 
the maximum price) of the sacks fur¬ 
nished by the seller and the reasonable 
value (not exceeding the maximum 
price) for the sacking furnished by the 
seller. 

Sec. 6. Maximum prices for grain 
sorghums. The maximum price per 100 
pounds net weight for the sale of any 
variety of grain sorghums shall be as fol¬ 
lows: 

(a) Bulk, on track. No. 1 and No. 2 
grade and otherwise standard merchant¬ 
able quality at the following base points: 

Maximum price 

Base point: per 100 pounds 

Fort Worth, Tex----— *2.40 

Houston, Tex- 2.40 

Kansas City. Mo_ % 

Los Angeles, Calif.. 2. <4 

San Francisco, Calif-— 2 <4 

(b) The maximum price bulk, on track 
at said above named cities for other 
































1521 





FEDERAL REGISTER, Tuesday, February 8, 1944 


grades, kinds and quantities, shall be the 
premium or discount normal to the trade 
under the foregoing maximum prices set 
forth in paragraph (a) for the basic kind. 

(c) The maximum price bulk, on track 
at other points shall be the premium or 
discount normal to the trade under the 
foregoing maximum prices at said base 
points. 

(d) For sellers, other than a track 
seller, the foregoing maximum prices 
shall be Increased or decreased, as the 
case may be, by the premium or discount 
normal to the trade for the class of sale, 
and class of purchaser in question over 
or under the maximum price on track at 
or nearest to the point of delivery to the 
purchaser. 

(e) For sales, sacked, the foregoing 
maximum prices may also be increased by 
the reasonable value (not exceeding the 
maximum price) of the sacks furnished 
by the seller and the reasonable value 
(not exceeding the maximum price) for 
the sacking furnished by the seller. 

Sec. 7. Export sales . The maximum 
prices at which a person may export 
oats, barley and grain sorghums shall 
be determined in accordance with the 
provisions of the Second Revised Maxi¬ 
mum Export Price Regulation issued by 
the Office of Price Administration. 1 

Sec. 8. Adjustable pricing . Any per¬ 
son may agree to sell at a price which can 
be increased up to the maximum price 
in effect at the time of delivery, but no 
person may, unless authorized by the 
Office of Price Administration, deliver or 
agree to deliver at prices to be adjusted 
upward in accordance with action taken 
by the Office of Price Administration 
after delivery. Such authorization may 
be given when a request for a change in 
the applicable maximum price is pend¬ 
ing, but only if the authorization is nec¬ 
essary to promote distribution or pro¬ 
duction and if it will not interfere with 
the purposes of the Emergency Price 
Control Act of 1942, as amended. The 
authorization may be given by the Ad¬ 
ministrator or by any official of the Of¬ 
fice of Price Administration to whom the 
authority to grant such authorization 
has been delegated. The authorization 
will be given by order, except that it may 
be given by letter or telegram when the 
contemplated revision will be the grant¬ 
ing of an individual application for ad¬ 
justment. 

Sec. 9. Documents and reports, (a) 
Every person subject to this regulation 
making a sale or purchase of oats, bar¬ 
ley and grain sorghums in the course of 
trade or business on or after the effective 
date of this regulation shall keep for in¬ 
spection by the Office of Price Adminis¬ 
tration for so long as the Emergency 
Price Control Act of 1942, as amended, 
remains in effect, his customary records. 
Including complete and accurate records 
of such sales and purchases, showing the 
date thereof, name of the seller and pur¬ 
chaser, price paid or received, buyer’s 
receiving point, and the quantity of oats, 
barley and grain sorghums sold or pur¬ 
chased. 

(b) Upon demand every such seller 
shall submit such records to the Office of 


1 8 F.R. 4132. 


Price Administration and keep such fur¬ 
ther records as the Office of Price Ad¬ 
ministration may from time to time 
require.’ 

Sec. 10. Evasive practices. The price 
limitations set forth in this regulation 
shall not be evaded, whether by di¬ 
rect or indirect methods, in connection 
with any offer, solicitation, agreement, 
sale, delivery, purchase, or receipt of or 
relating to oats, barley and grain 
sorghums, alone or in conjunction with 
any other commodity, or by way of com¬ 
mission, service, transportation, or other 
charge, or discount, premium or other 
privilege, or by tying agreement, or other 
trade understanding, or by any other 
means. 

Sec. 11. Enforcement . Persons vio¬ 
lating any provision of this regulation 
are subject to the criminal penalties, 
civil enforcement actions, and suits for 
treble damages, and proceedings for sus¬ 
pension of license, provided for by the 
Emergency Price Control Act of 1942, as 
amended. 

Sec. 12. Licensing. The provisions of 
Licensing Order No. 1,* licensing all per¬ 
sons who make sales under price control, 
are applicable to all sellers subject to 
this regulation. A seller’s license may 
be suspended for violations of the license 
or of one or more applicable price sched¬ 
ules or regulations. A person whose 
license is suspended may not, during the 
period of suspension, make any sale for 
which his license has been ruspended. 

Sec. 13. Petitions for amendment . 
Any person seeking a modification of any 
provision of this regulation may file a 
petition for amendment in accordance 
with the provisions of Revised Proce¬ 
dural Regulation No. 1 issued by the Office 
of Price Administration. 

This regulation shall become effective 
February 4, 1944. 

Note: The record keeping and reporting re¬ 
quirements of this regulation have been ap¬ 
proved by the Bureau of the Budget In ac¬ 
cordance with the Federal Reports Act of 
1942. 

Issued this 4th day of February 1944. 

Chester Bowles, 
Administrator . 

Approved: February 4,1944. 

Marvin Jones, 

War Food Administrator. 

IF. R. Doc. 44-1749: Filed. February 4. 1944; 

4:62 p. m.J 


Part 1305— Administration 
(R ev. Supp. Order 13) 

RETAIL SELLERS OPERATING OR INTENDING TO 
OPERATE MORE THAN ONE ESTABLISHMENT 

Supplementary Order No. 13 is redes¬ 
ignated Revised Supplementary Order 
No. 13 and is revised and amended to 
read as follows: 

A statement of the considerations in¬ 
volved in the issuance of this order, is¬ 
sued simultaneously herewith, has been 


a Subject to the approval of the Bureau of 
the Budget pursuant to the Federal Reports 
Act of 1942. 

' • 8 FB. 18240. 


filed with the Division of the Federal 
Register.* For the reasons set forth in 
that statement and under the authority 
vested in the Price Administrator by the 
Emergency Price Control Act of 1942, as 
amended it is hereby ordered: 

§ 1305.17 Determination of maximum 
prices by sellers at retail operating or 
intending to operate more than one es¬ 
tablishment. (a) A seller who owns or 
operates one or more establishments sell¬ 
ing commodities at retail and who has or 
desires to establish the practice of sell¬ 
ing designated commodities at uniform 
prices in all or certain of such estab¬ 
lishments may make written application 
for such authorization to the Regional 
Office of the Office of Price Administra¬ 
tion within which the seller’s main office 
is located, provided the seller can pro¬ 
pose a practicable method of determining 
prices centrally without increasing the 
general level of prices and can demon¬ 
strate the advisability thereof as an aid 
to price control. The application shall 
set forth: 

(1) The applicant’s name and, where 
any difference exists, the name under 
which sales are made, and the principal 
office address; 

(2) The number of separate establish¬ 
ments now owned or operated and the 
number about to be acquired by the ap¬ 
plicant, and shall include four copies of 
the complete addresses of all such estab¬ 
lishments arranged by states; 

(3) The kinds of commodities dealt in 
by such establishments; 

(4) Whether commodities are or will 
be purchased centrally and distributed 
to such establishments by the applicant, 
or are to be purchased separately by such 
establishments, and if purchased sepa¬ 
rately, what commodities are to be so 
purchased; 

(5) A detailed description of how 
prices have been established for the 
various establishments both prior and 
subsequent to March 1942 and of any 
price differentials known to exist; 

(6) If prices have not been substan¬ 
tially uniform in the past, the reason 
therefor or cause thereof, together with 
the reason why uniformity is now de¬ 
sired; 

(7) A detailed description of the 
method the applicant desires to use in 
determining prices and the means pro¬ 
posed to be adopted to insure centralized 
control over future prices in such estab¬ 
lishments; 

(8) Whether the applicant produces, 
manufactures, or fabricates any com¬ 
modities to be thus sold or is affiliated 
with any producer, manufacturer or 
fabricator of any such commodity; 

(9) The cumulative average initial net 
mark-up taken by the applicant in 1941, 
and in the first and second six months of 
1942, or in its fiscal periods most closely 
corresponding to the above periods, or, 
where such figures are not readily avail¬ 
able, some comparable figures, such as 
gross profit figures, for such periods; 

(10) Whether uniform selling prices 
are now or are to be determined and 
marked in a central office; 


•Copies may be obtained from the Office Of 
Price Administration. 











1522 


FEDERAL REGISTER, Tuesday , February 8 , 1944 


(11) The names and addresses of the 
applicant's most closely competitive sell¬ 
ers of the same class on a national or 
regional basis, and, if an applicant hav¬ 
ing less than ten existing establishments 
wishes to open one or more new estab¬ 
lishments, the four closest competitors 
each such rjew establishment would have 
if it were a separate seller; and 

(12) Any other facts which the appli¬ 
cant wishes to submit. If such author¬ 
ization is given, it will be accompanied 
by instructions as to the method by 
which the seller shall determine and use 
uniform maximum prices under the ap¬ 
plicable maximum price regulation. 

(b) Authorization to regional offices 
to grant or deny certain application filed 
hereunder . Any regional office of the 
Office of Price Administration, and such 
other offices as may be authorized by the 
appropriate regional office, may by order 
and accompanying opinion grant or deny 
applications filed hereunder, when: (1) 
The applicant’s main office and selling 
units to be included in the authorization 
are located within its jurisdiction, and 
(2) The applicant had an established 
practice of selling commodities therein 
at substantially uniform prices. 

(c) Definitions. (1) “Price regula¬ 
tion,” as used in this supplementary 
order, means a price schedule effective 
in accordance with the provisions of sec¬ 
tion 208 of the Emergency Price Control 
Act of 1942, a maximum price regulation 
or temporary maximum price regulation 
heretofore or hereafter issued by the Of¬ 
fice of Price Administration, or any 
amendment or supplement thereto or 
order heretofore or hereafter issued 
thereunder. 

(d) Each seller to whom a uniform 
pricing order has been issued under 
§ 1499.4a of General Maximum Price 
Regulation or this supplementary order, 
either as originally issued or hereby re¬ 
vised, shall prepare a separate list, keep¬ 
ing a copy thereof, by seasons where 
necessary, for each individual store gov¬ 
erned by such order, showing the highest 
price line in which such store may sell 
each classification, category, group, 
class, subclass, or other division, however 
designated, of a centrally purchased 
commodity priced under such uniform 
pricing order and governed by a maxi¬ 
mum price regulation containing a high¬ 
est price line provision. Each store 
must keep such list and all records per¬ 
taining to commodities purchased and 
priced by the individual store, together 
with its own base period price statements, 
but all records of costs, pricings, and 
computations for commodities centrally 
purchased shall be kept only in the cen¬ 
tral or main pricing office. 

(e) All orders of authorization here¬ 
tofore issued under the original Supple¬ 
mentary Order No. 13 shall remain in 
full force and effect. 

This supplementary order shall be¬ 
come effective February 12, 1944. 

Note: The reporting and record keeping 
requirements of this supplementary order 
have been approved by the Bureau of the 
Budget in accordance with the Federal Re¬ 
ports Act of 1942. 


(56 Stat. 23, 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 

(F. R. Doc. 44-1762; Filed. February 5, 1944; 
12:12 p. m.J 


Part 1316— Cotton Textiles 
(MPR 11, Arndt. 13] 

FINE COTTON GOODS 

A statement of the considerations in¬ 
volved in the issuance of this amend¬ 
ment, issued simultaneously herewith, 
has been filed with the Division of the 
Federal Register.* * 

Maximum Price Regulation No. 11 is 
amended in the following respects: 

1. In § 1316.4 (d) Table I. under the 
heading “Fine Combed Plain”, reference 
No. AJ5 is added to read as follows: 

AJ5 54" 96 x 96 3.97 (for industrial use) - 33. 23 

2. In § 1316.4 (d) Table I, under the 
heading “Poplin”, reference No. A014 is 
added to read as follows: 

AO!4 37Va" 112 x 72 2.46 (Ply Warp)— 37.53 

3. In § 1316.4 (d) Table I, under the 
heading “Carrier Apron for Rubber 
Thread”, references Nos. BC6 and BC7 
are added to read as follows: 


BC6 38" 96 x 98 3.88.. 36. 08 

BC7 46" 96 x 98 3.19. 43. 89 


4. In § 1316.4 (d) Table I, under the 
heading “Printer's Blanket Fabric”, ref¬ 
erence No. BD11 is added to read as 
follows: 

BDll 62" 46/92 x 60 1.66 (Ply Warp)... 76. 60 

5. In § 1316.4 (d) Table I, is amended 
by adding the heading “Mechanical Boat 
Cloth” and reference No. BW1 to read 
as follows: 

Mechanical Boat Cloth 
BW1 48" 56 x 56 2.12 (Single Yarn)_67.90 

This amendment shall become effec¬ 
tive February 11, 1944. 

(56 Stat. 23, 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 

[F. R. Doc. 44-1763; Filed, February 6, 1944; 
12:05 p. m.J 


Part 1345— Coke 
[MPR 77, 1 Arndt. 4] 
beehive oven coke 

A statement of the considerations in¬ 
volved in the issuance of this amend¬ 
ment, issued simultaneously herewith, 
has been filed with the Division of the 
Federal Register.* 


•Copies may be obtained from the Office of 
Price Administration. 

a 8 FR. 16787, 17223; 9 FJR. 286, 753. 


Section 8 is amended to read as fol¬ 
lows: 

Sec. 8. Maxi?7ium prices for sales of 
beehive oven coke produced in Fayette 
County , West Virginia. The maximum 
prices, per net ton f. o. b. ovens, for bee¬ 
hive oven coke produced in Fayette 
County, West Virginia shall be: 


Foundry coke-$9.10 

Domestic coke_ 6.50 


This amendment shall become effec¬ 
tive February 11, 1944. 

(56 Stat. 23, 765, Pub. Laws 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 

[F. R. Doc. 44-1764; Filed, February 5, 1944; 
12:10 p. m.J 


Part 1351— Food and Food Products 
[MPR 53, 1 Arndt. 14] 

FATS AND OILS 

A statement of the considerations in¬ 
volved in the issuance of this amendment 
has been issued simultaneously herewith 
and has been filed with the Division of 
the Federal Register.* 

In section 5.1 (a) the text preceding 
subparagraph (1) is amended to read as 
follows: 

(a) Crude soybean oil—in tank cars: 

Cents per 

F. o. b. mills located In: pound 

California, Oregon and Washington. 12.50 

Arizona_ 12.125 

Edgewater, New Jersey; Houston, 

Texas; New Orleans, Louisiana; 

Savannah. Georgia_12.00 

Michigan, New Jersey (except Edge- 
water). New Mexico, New York, 

North Carolina, Ohio, Pennsyl¬ 
vania, Virginia_11.875 

Alabama, Arkansas, Florida, Georgia 
(except Savannah), IUlnois, Indi¬ 
ana, Iowa, Kansas, Kentucky, 
Louisiana (except New Orleans), 
Minnesota, Mississippi, Missouri, 
Nebraska, Oklahoma, South Caro¬ 
lina, Tennessee, Texas (except 
Houston), Wisconsin_11.75 

This amendment shall become effec¬ 
tive February 11, 1944. 

(56 Stat. 23, 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7671; E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 

[F. R. DOc. 44-1765; Filed. February 5, 1944; 

12:05 p. m.] 


Part 1364— Fresh, Cured and Canned 
Meat and Fish Products 
[MPR 469, 2 Arndt. 4] 

LIVE HOGS 

A statement of the considerations in¬ 
volved in the issuance of this amendment 


1 8 F.R. 11150, 11508, 11296, 11739, 12022, 
12542, 12559, 12873, 15523. 

*8 F.R. 12562, 13741, 13847. 





















1323 


FEDERAL. REGISTER, Tuesday , February 8, 1944 


has been issued simultaneously herewith 
and filed with the Division of the Federal 

Register.* 

Maximum Price Regulation No. 469 is 
amended in the following respects: 

1. Schedule I of section 13 is amended 
by changing the ceiling price stated for 
Nashville. Tennessee from “$14.60” to 
‘•$14.50” 

2. Item 13 (a) of Schedule HI of sec¬ 
tion 13 is amended to read as follows: 

(a) Jerauld. Aurora, Douglas. 

Charles Mix. Brown, Marshall, 

Day. Roberts, Spink, Clark, Cod¬ 
ington, Hamlin, Grant. Deuel, 

Beadle, Kingsbury, Brookings, 
Sanborn, Miner, Lake, Moody, 
Davison, Hanson. McCook, Minne¬ 
haha, Hutchinson, Turner, Lln- 
colh. Bon Homme, Yankton, Clay, 

Union...$14.15 

S. Item 28 of Schedule III of section 13 
is amended to read as follows: 

28. Kentucky: 

(a) Marshall, Calloway, Graves, 

McCracken. Ballard, Carlisle, 
Hickman, Fulton_$14.35 

(b) Robertson, Mason. Lewis, 
Greenup, Carter, Boyd, Bourbon, 
Nicholas, Fleming, Bath, Rowan, 

Elliott. Lawrenoe, Clark, Mont¬ 
gomery. Menifee, Morgan. John¬ 
son, Martin, Powell, Wolfe, Ma¬ 
goffin, Madison, • Estill, Lee, 
Breathitt, Floyd, Pike. Rockcastle, 
Jackson, Owsley, Lurel, Whitley, 


Clay, Knox. Bell, Perry, Leslie, 

Harlan, Knott, Letcher_$14. 55 

(c) All counties except those cited 
in 28 (a) and 28 (b).$14.45 


4. Item 29 of Schedule III of section 
13 is amended to read as follows: 

2D. Tennessee: 

(a) Lake, Obion, Weakley, Henry, 

Dyer, Gibson, Carroll, Benton, 
Lauderdale, Crockett, Madison, 
Henderson, Decatur. Tipton, Hay¬ 


wood, Shelby, Fayette, Hardeman, 

Chester, MeNairy, Hardin_$14. 30 

(b) All counties except those cited 
In 29 (a)..$14.45 


This amendment shall become effective 
February 11, 1944. 

(56 Stat. 23, 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 FJL 7871; E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 
Approved: January 26, 1944. 

Ashley Sellers, 

Assistant War Food Administrator , 

IF. R. Doc. 44-1767; Filed, February 5, 1944; 
12:10 p. m.] 


Part 1390— Machinery and Transporta¬ 
tion Equipment 

JMPR 136, as Amended, * 1 Amdt. 107] 

machines and parts, and machinery 
services 

A statement of the considerations in¬ 
volved in the issuance of this amend - 


•Copies may be obtained from the Office of 

Price Administration. 

1 8 F.R. 16132. 


ment, issued simultaneously herewith, 
has been filed with the Division of the 
Federal Register.* 

Maximum Price Regulation 136, as 
amended, is amended in the following 
respects: 

1. In paragraph (c) of Appendix A the 
item “Rubber tire and tube machinery” 
is amended to read “Rubber tire and tube 
machinery and equipment, including tire 
recapping and retreading molds and ac¬ 
cessory parts (full circle and sectional 
molds, matrices, etc.), tire buffers, tire 
spreaders and spot vulcanizers for 
tubes”. 

2. In paragraph Xd) of Appendix A 
the items “masonry saws” and “scaf¬ 
folds” are added in alphabetical order. 

3. Paragraph (b) of Appendix B is 
amended to read as follows: 

(b) Aiiy part or subassembly of any item 
listed in this Appendix B. Also, any indus¬ 
trial machinery, or part or subassembly of 
any industrial machinery, which is not listed 
in Appendices A or B. “Industrial ma¬ 
chinery” means any machinery or equipment 
used in the extraction, production or proc¬ 
essing of commodities. The term “industrial 
machinery” does not Include farm equipment 
covered by Maximum Price Regulation 246— 
Manufacturers* and Wholesale Prices for 
Farm Equipment, or any product excluded 
from the coverage of this regulation by 
Appendix C. 

4. In paragraph (c) of Appendix B the 
item “Gears, pinions, sprockets and speed 
reducers, except automotive or tractor 
transmissions, transfer cases, power 
take-offs, differentials or axle assemblies, 
specially designed for use in vehicles, 
aircraft or equipment used primarily for 
military purposes” is amended to read 
“Gears, pinions, sprockets and speed re¬ 
ducers specially designed for use in ve¬ 
hicles, aircraft or equipment used pri¬ 
marily for military purposes (except 
automotive or tractor transmissions, 
transfer cases, power take-offs, differ¬ 
entials and axle assemblies) ”. 

5. In Appendix C the item “Hand 
Tools, except those specially designed for 
manufacture, repair and maintenance of 
aircraft, military vehicles or other pre¬ 
dominantly military equipment” is 
amended to read “Hand tools except 
those listed in Appendices A and B”. 

This amendment shall become effective 
February 11, 1844. 

(56 Stat. 23. 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 FJt. 7871; E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 

[F. R. Doc. 44-1768: Filed, February 5, 1944; 

12:03 p. m.J 


Part 1394— Rationing of Fuel and Fuel 
Products 

[RO 11, Amdt. 10 to Supp. 1] 

FUEL OIL RATIONING REGULATIONS 

Supplement 1 to Ration Order No. 11 
is amended in the following respects: 

1. A new subparagraph (6) is added to 
§ 1394.9101 (b) to read as follows: 


(6) In Zones A-l, A-3. B-l, B-3. C-l, 
and C-3, the value of one unit repre¬ 
sented by coupons numbered “4” on Class 
4 coupon sheets, and the value of five 
units represented by coupons numbered 
“4” on Class 5 coupon sheets, and the 
value of twenty-five units represented by 
coupons numbered “4” on Class 6 coupon 
sheets are hereby fixed at ten (10) gal¬ 
lons, fifty (50) gallons, and two hundred 
fifty (250) gallons of fuel oil, respec¬ 
tively. 

2. A new subparagraph (7) is added to 
§ 1394.9101 (b) to read as follows: 

(7) In Zones A-2, B-2, and C-2 the 
value of one unit represented by coupons 
numbered “4” and “5” on Class “4” 
coupon sheets, and the value of five units 
represented by coupons numbered “4” 
and “5” on Class 5 coupon sheets, and the 
value of twenty-five units represented 
by coupons numbered “4” and “5” on 
Class 6 coupon sheets are hereby fixed at 
ten (10) gallons, fifty (50) gallons, and 
two hundred fifty (250) gallons of fuel 
oil. respectively. 

Amendment No. 10 to Supplement No. 
1 shall become effective on February 8, 

. 1944. 

(Pub. Law 671, 76th Cong., as amended 
by Pub. Laws 89 and 507, 77th Cong., 
Pub Laws 421, 77th Cong.; WPB Dir. 1. 7 
FJt. 562, Supp. Dir. 1-0, as amended, 
8 F.R. 14199; E.O. 9125, 7 Fit. 2719) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator . 

IF. R. Doc. 44-1777; Filed, February 6. 1944; 

12:09 p. m.J 


Part 1396— Fine Chemicals, Drugs and 
Cosmetics 

(RMPR 282] 

certain private formula drug and cos¬ 
metic products 

Maximum Price Regulation No. 282 is 
redesignated as Revised Maximum Price 
Regulation No. 282 and is revised and 
amended to read as set forth below: 

A statement of the considerations in¬ 
volved in the issuance of this regulation 
has been issued simultaneously here¬ 
with and filed with the Division of the 
Federal Register.* 

§ 1396.251 Maximum prices for cer¬ 
tain private formula drug and cosmetic 
products. Under the authority vested 
in the Price Administrator by the 
Emergency Price Control Act of 1942, as 
amended, and Executive Orders 9250 and 
9328, Revised Maximum Price Regula¬ 
tion No. 282 (Certain Private Formula 
Drug and Cosmetic Products), which is 
annexed hereto and made a part hereof 
is hereby issued. 

Authority: § 1396.251 (Issued under 50 
Stat. 23, 765; Pub. Law 151. 78th Cong.; E.O. 
9250, 7 Fit. 7871, E.O. 9328. 8 Fit. 4681) 
















1524 


FEDERAL REGISTER, Tuesday , February 8, 1944 


Revised Maximum Price Regulation No. 
232— Cetitain Private Formula Drug and 
Cosmetic Products 

contents 

Bee. 

1. Definitions. 

2. Applicability of other price regulations. 

3. Geographical applicability of this regu¬ 

lation. 

4. Prohibition against Bales at higher than 

maximum prices. 

5. Less than maximum prices. 

6. Maximum prices for private formula 

products priced before February 11, 
1944. 

7. Maximum prices for private formula 

products which cannot be priced under 
sect:on 6 above. 

8. Evasion. 

9. Licensing and enforcement. 

10. Applications for adjustment. 

11. Petitions for amendment. 

Section 1. Definitions, (a) When used 
in this regulation the term: 

(1) “Private formula product** means 
a drug or cosmetic product to be sold 
under the label or brand name of a per¬ 
son other than the manufacturer 
thereof. 

(2) “Drug** means any product for in¬ 
ternal or external administration, in¬ 
tended to be used for the diagnosis, cure, 
mitigation, treatment, or prevention of 
diseases of man or animals. 

(3) “Cosmetic” means any product in¬ 
tended to be rubbed, poured, sprinkled, 
or sprayed upon, or introduced into, or 
otherwise applied to the human body or 
any part thereof for cleansing, beautify¬ 
ing, promoting attractiveness, or alter¬ 
ing the appearance. Soap is not a cos¬ 
metic, but, as used herein, the term “cos¬ 
metic** includes shaving soap and liquid 
shampoo. 

(4) “Affiliated.” A buyer and seller 
will be deemed to be “affiliated” if the* 
buyer owns more than 50 per cent of the 
stock or assets of the seller, if the seller 
owns more than 50 per cent of the stock 
or assets of the buyer, or if a third person 
owns more than 50 per cent of the stock 
or assets of both buyer and seller. 

(5) “Most comparable private formula 
product** means the private formula 
product selected by the manufacturer, 
according to the procedure set forth be¬ 
low, from those private formula products 
of his manufacture for which maximum 
prices for his sales have already been es¬ 
tablished under an applicable regulation 
issued by the Office of Price Administra¬ 
tion, and which comply with the follow¬ 
ing conditions: 

(i) The unit direct costs of each prod¬ 
uct do not differ from those of the private 
formula product being priced by more 
than 50 per cent. 

(ii) The maximum price of each prod¬ 
uct was established on the basis of the 
production of a number of units of the 
product in any one batch or single con¬ 
tinuous run which does not differ by more 
than 30 per cent from the number of 
units he contemplates producing in any 
one batch or single continuous run of 
the private formula product being 
priced. 

(iii) The maximum price for each 
product was established on a sale to a 
non-affiliated buyer, except that where 
the product being priced is sold to an 


affiliated buyer, each product may be 
one whose maximum price was estab¬ 
lished on a sale to that buyer. 

The following steps in the order of se¬ 
lection are to be applied to the products 
or product meeting the above require¬ 
ments in the order listed until only one 
private formula product is left which is 
the “most comparable private formula 
product.** If any step eliminates all the 
private formula products selected by the 
preceding step in the list, there shall be 
applied to such private formula prod¬ 
ucts the first succeeding step in the list 
which will select at least one such pri¬ 
vate formula product. 

(a) The manufacturer shall first se¬ 
lect from the private formula products 
of his manufacture specified above those 
which are made by the same or similar 
manufacturing processes as the private 
formula product being priced. 

(b) Then from these he shall select 
those having the same general use as 
the private formula product being 
priced. 

*(c) Then from these, he shall select 
those having the same or similar physi¬ 
cal form as the private formula product 
being priced. 

(d> Then from these he shall select 
the one whose maximum price was de¬ 
termined on the basis of the production 
in any one batch or single continuous 
run of a number of units most similar 
to the number of units he contemplates 
producing in any one batch or single 
continuous run of the private formula 
product being priced. 

(e) Incase step (d) selects more than 
one private formula product, he shall 
select from these, the one whose unit 
direct cost is most similar to that of the 
private formula product being priced. 

— (6) “Unit direct cost’* means the sum 
of the costs per manufacturer’s sales unit 
of the private formula product of direct 
labor and materials, computed on the 
basis of the following wage rates, mate¬ 
rial prices, and operating conditions: 

(i) Wage rates . The wage rates shall 
be no higher than those permitted by 
law and no higher than the average wage 
rates in effect for each class of labor 
used in the manufacturer’s plant at the 
time such product is being priced under 
this regulation. 

(ii) Material costs. Material costs 
shall be those based on prices being paid 
at the time the product is being priced, 
but shall in no event be based on prices 
higher than the maximum prices estab¬ 
lished by the applicable maximum price 
regulations. 

Where the material whose cost is be¬ 
ing determined is tax paid alcohol, the 
price specified above shall be the price 
for such alcohol, fully tax paid without 
drawback, less the following amounts: 

(a) If the material costs are being de¬ 
termined for a private formula product 
whose maximum price was established 
prior to November 1,1942, $2.00 per proof 
gallon. 

(b) If material costs are being deter¬ 
mined for any other private formula 
product as to which the manufacturer 
would be eligible to receive a drawback 
under section 3250 (1) of the Internal 
Revenue Code, $3.75 per proof gallon. 


(iii) Operating conditions. The com¬ 
putation shall be made on the basis of 
the production technique employed in 
the plant at the time such product is be¬ 
ing priced and on the basis of the actual 
volume of production in any one batch 
or single continuous run of such com¬ 
parable product and the contemplated 
volume of production in any one batch or 
single continuous run of the product be¬ 
ing priced. 

(7) “Trade practices” includes credit 
practices and practices relating to the 
payment of transportation costs. 

(8) “Transportation costs” or “freight 
charges” shall be deemed to include the 
tax imposed by section 620 of the Reve¬ 
nue Act of 1942 (Pub. Law 753, 77th 
Cong., approved October 21, 1942), as if 
it were a like increase in the rate or the 
amount charged by the carrier for the 
transportation in question. 

(b) Unless the context otherwise re¬ 
quires, the definitions set forth in section 
302 of the Emergency Price Control Act 
of 1942, as amended, and in the General 
Maximum Price Regulation shall apply 
to other terms used in this regulation. 

Sec. 2. Applicability of other price 
regulations —(a) General Maximum 
Price Regulation 1 The General Maxi¬ 
mum Price Regulation shall not apply to 
sales or deliveries of private formula 
products covered by this regulation on 
and after February 11, 1944, except that 
the provisions specified below shall apply 
to sales and deliveries covered by or 
sellers subject to this regulation. 

(1) Section 5. Transfers of business or 
stock in trade. 

(2) Section 7. Federal and state taxes. 

(3) Section 11. Base period records. 

(4) Section 12. Current records. 7 

(5) Section 19a. Adjustable pricing. 

(6) § 1499.26 Revised Supplementary 
Regulation No. 1.* 

(b) This regulation shall not apply 
and Maximum Price Regulation No. 
165— Services shall apply where all of the 
materials, including packaging mate¬ 
rials, are supplied by the buyer. 

(c) Exports (Second Revised Maxi- 
mum Export Price Regulation * appli¬ 
cable) . The maximum prices at which a 
person may export private formula prod¬ 
ucts shall be determined in accordance 
with the provisions of the Second Re¬ 
vised Maximum Price Regulation. 

(d) Imports (Maximum Import Price 
Regulation 1 * 3 4 applicable) . The provisions 
of this regulation shall not apply and the 
Maximum Import Price Regulation shall 
apply to the purchases, sales or deliveries 
of private formula products, if they orig¬ 
inate outside of and are imported into 
the continental United States. Sales, 
purchases and deliveries of such im¬ 
ported products are governed by the pro¬ 
visions of the Maximum Import Price 
Regulation. 

Sec. 3. Geographical applicability of 
this regulation . This regulation applies 


1 8 F.R. 3096. 3849. 4347, 4486. 4724. 4978. 

4848. 6047. 6962. 8511. 9025. 9991, 11955, 13724. 

3 8 F.R. 11738, 11814, *11951, 12406, 12793, 
13171, 13513. 

*8 F.R. 4132, 5987. 7662, 9998. 

4 8 F.R. 11681, 12237. 








FEDERAL REGISTER, Tuesday , February 8 , 1944 


1525 


in the 48 States of the United States and 
the District of Columbia. 

Sec. 4. Prohibition against sales at 
higher than maximum prices . (a) On 

and after February 11.1944, regardless of 
any contract or other obligation: 

(1) No manufacturer shall sell or de¬ 
liver any private formula product at a 
price higher than the maximum price es¬ 
tablished by this regulation. 

(2) No person shall buy or receive any 
such product, in the course of trade or 
business, at a higher price than the maxi¬ 
mum price established by this regulation. 

(3) No person shall agree, offer, solicit, 
or attempt to do any of the foregoing. 

(b) The buyer shall be deemed to have 
complied with this section if, at the time 
of purchasing, the buyer receives from 
the seller a written statement that to the 
best of his knowledge the price does not 
exceed the maximum price established 
by this regulation and that he has fully 
complied with this regulation, and if the 
buyer has no reason to doubt the truth of 
the statement 

(c) Nothing in this Revised Maximum 
Price Regulation No. 282 shall prevent the 
fulfillment of contracts entered into be¬ 
fore February 11,1944 for the sale of pri¬ 
vate formula products at prices not ex¬ 
ceeding the maximum prices established 
by Maximum Price Regulation No. 282 
before revision or the General Maximum 
Price Regulation, whichever is applicable. 

Sec. 5. Less than maximum prices. 
Lower prices than those established by 
this regulation may be charged, de¬ 
luded, paid or offered. 

Sec. 6. Maximum prices for private 
lormula products priced before February 
11,1944. The maximum price for a sale 
of a private formula product which is 
the same as such a product for which a 
maximum price has been established un¬ 
der an applicable maximum price regu¬ 
lation shall be the maximum price so 
established if: 

(a) The number of units to be man¬ 
ufactured in any one batch or single con¬ 
tinuous run does not vary by more than 
30 per cent from the number manufac¬ 
tured in any one batch or single con¬ 
tinuous run of the production on the 
basis of which the maximum price was 
established, and 

(b) The maximum price was estab¬ 
lished on a sale to a non-affiliated buyer 
or on a sale to the same buyer, whether 
affiliated or not. 

Sec. 7. Maximum prices for private 
formula products which cannot be priced 
under section 6 above, (a) The maxi¬ 
mum price for a sale by a manufacturer 
of any private formula product which 
cannot be priced under section 6 above 
shall be no higher than the maximum 
price determined by the method set forth 
in subparagraphs (1) or (2) below: 

(1) Where comparable product exists. 
The maximum price per unit shall be 
the unit direct cost of the private for¬ 
mula product being priced multiplied by 
the mark-up factor obtained on the sale 
of the most comparable product. Such 
mark-up factor shall be computed by di¬ 
viding the maximum price per unit on 
such sale by the current unit direct cost 
of the most comparable product. 


Where the buyer supplies part of the 
material, including packaging material, 
for the production of the product being 
priced, such material shall not be in¬ 
cluded in computing the unit direct cost 
of such product. 

Where ,the buyer supplied part of the 
material, including packaging material, 
for the production of the most com¬ 
parable product at the time a maxi¬ 
mum price therefor was established, the 
current market value, of such material 
not in excess of the applicable maximum 
price therefor, shall be used in com¬ 
puting the current unit direct cost of the 
most comparable product, unless such 
material was not included in computing 
the costs and price of the most com¬ 
parable product at the time a maximum 
price therefor was established. 

All customary discounts, trade prac¬ 
tices, and practices relating to the pay¬ 
ment of transportation charges in effect 
with respect to the sale of such a com¬ 
parable product shall apply to such 
maximum price. 

(2) Where no comparable product 
exists. The maximum price for such 
new private formula product shall be 
in line with the level of maximum prices 
established by this regulation and au¬ 
thorized by the Office of Price Adminis¬ 
tration in accordance with the procedure 
set forth in paragraph (b) below: 

(b) Report of price. Before any 
manufacturer may deliver any private 
formula product priced under this sec¬ 
tion, either by reference to a comparable 
product under paragraph (a) (1) above, 
or otherwise under paragraph (a) (2) 
above, he shall submit by registered mail 
to the Office of Price Administration in 
Washington, D. C., a report upon OPA 
Form No. 6812:277, also known as Ap¬ 
pendix C of the General Maximum Price 
Regulation, duly filled out. He may use 
a form copied from such form. Copies 
of the form may be obtained from the 
district, regional or national offices of 
the Office of Price Administration. 

Where no comparable product exists, 
the part of the form specified in the 
above paragraph pertaining to a com¬ 
parable article shall not be filled out. 

In addition to the information speci¬ 
fied in the said form, the manufacturer 
shall include therewith a statment show¬ 
ing: 

(1) The name and address of the 
prospective purchaser of the private for¬ 
mula product being priced, whether or 
not the purchaser is under common con¬ 
trol or ownership with the seller and, if 
so, the facts pertaining to the same. 

(2) The number of units to be sold 
and to be manufactured in any one batch 
or single continuous run and the pro¬ 
spective dates of manufacture and deliv¬ 
ery of the product being priced. 

(3) The number of units sold and 
manufactured in any one batch or single 
continuous run on the sale of the most 
comparable product for which a max¬ 
imum price was established. 

(4) Trade practices including credit, 
container and transportation provisions. 

(5) All materials (including packag¬ 
ing materials) supplied by the buyer the 
costs of which were not included in com¬ 


puting the cost and price of the most 
comparable product at the time a max¬ 
imum price therefor was established, 
including the quality, grade and specifi¬ 
cation of each such material and the 
amount of each used per unit of the 
product. 

(6) All materials (including packag¬ 
ing materials) supplied by the buyer of 
the product being priced, including the 
quality, grade and specification of each 
such material and the amount of each 
used per unit of the product. 

(7) Where no comparable product 
exists, the manufacturer shall also in¬ 
clude in the statement: 

(i) The reasons why such product 
cannot be priced under section 6 or sec¬ 
tion 7 (a) (1) above. 

(ii) The maximum price proposed by 
the manufacturer together with a de¬ 
tailed explanation of the method by 
which the manufacturer computed such 
price. 

(iii) The reasons why the manufac¬ 
turer believes the proposed price to be in 
line with the level of maximum prices 
established by this regulation. 

After mailing the report, or report and 
statement, the manufacturer may make 
deliveries at prices not in excess of those 
reported. If, at the expiration of twenty 
days from the date of mailing the report, 
the manufacturer has not received from 
the Office of Price Administration a 
written disapproval of the reported pro¬ 
posed maximum prices, such prices shall 
be considered as authorized. If not ap¬ 
proved, the Office of Price Administra¬ 
tion may require refunds to be made. ^ 

(c) The Price Administrator may by 
letter or otherwise adjust any such re¬ 
ported prices which he finds are not in 
conformity with the regulation or which 
he determines to be excessively high; 
but, unless a written disapproval has been 
mailed to the manufacturer within said 
twenty-day period, not until after giving 
the manufacturer notice and a reason¬ 
able opportunity to present additional 
evidence. Such adjusted price shall not 
be retroactive unless written disapproval 
has been mailed to the manufacturer 
within said twenty-day period. No ret¬ 
roactive adjustment shall be made as to 
deliveries made between the end of said 
twenty-day period and the date the dis¬ 
approval is received by the manufacturer. 

Sec. 8. Evasion. The price limitations 
set forth in this regulation shall not be 
evaded, whether by direct or indirect 
methods, in connection with an offer, so¬ 
licitation, agreement, sale, delivery, pur¬ 
chase or receipt of, or relating to, a pri¬ 
vate formula product, alone or in con¬ 
junction with any other commodity, or by 
way of commission, service, transporta¬ 
tion or other charge, or discount, pre¬ 
mium or other privilege, or by tying- 
agreement, or other trade understanding, 
or by transactions with or through the 
agency of subsidiaries or affiliates, or 
otherwise. 

Sec. 9. Licensing and enforcement . 

(a) The provisions of Licensing Order 
No. 1, licensing all persons who make 
sales under price control, are applicable 
to all sellers subject to this regulation. 

A seller’s license may be suspended for 







1526 


FEDERAL REGISTER, Tuesday , February 8, 1944 


violations of the license or of one or more 
applicable price schedules or regulations. 
A person whose license is suspended may 
not, during the period of suspension, 
make any sale for which his license has 
been suspended. 

(b) Persons violating any provisions of 
this regulation are subject to the crim¬ 
inal penalties, civil enforcement actions, 
license suspension proceedings and suits 
for treble damages provided by the Emer¬ 
gency Price Control Act of 1942, as 
amended. 

Sec. 10. Applications for adjustment. 
(a) If the materials and labor used by a 
manufacturer in the production of a pri¬ 
vate formula product have increased in 
cost to him so substantially since a maxi¬ 
mum price was established for the prod¬ 
uct that he cannot continue to use those 
materials in the production of the prod¬ 
uct or to continue to produce the prod¬ 
uct, he may file an application for ad¬ 
justment of his maximum price for the 
product. The application must show: 

(1) The name and address of the 
prospective purchaser of the product, 
whether or not the purchaser is under 
common control or ownership with the 
seller, and, if so, the facts pertaining to 
the same. 

(2) Name, description, unit of sale and 
production, established maximum selling 
price of the product, and full terms of 
sale. * 

(3) Itemization of direct material and 
labor costs per unit, including the cost, 
quantity, and name and address of the 
supplier of each item of material, at the 
time the maximum price was established 
for the product. 

(4) Total current costs of production 
per unit for the product including: 

(i) Itemization of direct material and 
labor costs per unit including the cost, 
quantity and name and address of the 
supplier of each item of material and, 
if increased labor costs are shown, a 
full explanation of the reason for the in¬ 
crease and a showing that any wage 
rates subject to approval by the War La¬ 
bor Board have been approved by that 
Board. 

(ii) Other manufacturing costs di¬ 
rectly assignable to the production of 
the product such as: indirect labor, 
factory supplies, repairs and mainte¬ 
nance of building, machinery and equip¬ 
ment, insurance, property taxes, depre¬ 
ciation at normal rates on plant and 
equipment actually used in manufac¬ 
ture, purchased utility services, and 
other items commonly associated with 
factory operation. 

(iii) Other general administrative and 
selling expenses such as: executive and 
administrative salaries, office expense, 
commissions, advertising, and similar 
items but not including income or excess 
profit taxes, charges to war reserves, 
or reserves for contingencies. 

(iv) The method of allocating the 
costs and expenses to the product. The 
costs and expenses of production may be 
broken down in the detail and in accord¬ 
ance with the method customarily used 
by the manufacturer in computing his 
cost of production of the product, but 
shall show general administrative and 
selling expenses separately. 


(5) Profit and loss statements for each 
of the calendar or fiscal years between 
1936 and 1939, inclusive, and for the most 
recent full fiscal or calendar year, and 
for each of the quarters thereafter, prior 
to the date of filing the application. The 
filing of the financial data designated in 
this item is optional. Should the appli¬ 
cant prefer and so requests, this infor¬ 
mation will be obtained by the Office of 
Price Administration directly from the 
Bureau of Internal Revenue. If the ap¬ 
plicant has submitted any of such data 
on Office of Price Administration Finan¬ 
cial Report Forms A or B for certain 
periods or has furnished same on a pre¬ 
vious application for adjustment of a 
maximum price, he may so state and 
omit those periods in his present report. 

(6) If the manufacturer applies for an 
adjustment of his maximum price per 
unit to a price no higher than the total 
current cost of production per unit less 
general administrative and selling ex¬ 
penses, he need not include in the appli¬ 
cation the data required on general ad¬ 
ministrative and selling expenses by sub- 
paragraph (iii) of paragraph (4) above 
nor the profit and loss statements re¬ 
quired by paragraph (5) above. 

(7) The proposed selling price and 
ter ms of sale. 

(8) A written statement signed by the 
prospective buyer of the private formula 
product from the manufacturer that he 
can and agrees to absorb the increased 
costs, stating the amount of the same, 
and that he will not increase his prices 
to a purchaser from him on a sale of the 
product under Maximum Price Regula¬ 
tion 392 or 393, or otherwise, by reason 
of such increased costs should the appli¬ 
cation for adjustment be granted nor use 
a price higher than the unadjusted price 
for the product in computing a maximum 
price under Maximum Price Regulation 
No. 392 or 393 for the same product. 

(b) Should the application for adjust¬ 
ment be granted, no sales or deliveries of 
the product to other buyers may be made 
at the increased price unless such buyer 
also signs a statement and agreement 
similar to that required in paragraph 
(a) (8) above. 

(c) Any buyer who fails to carry out 
such an agreement shall be in violation 
of this regulation. 

(d) No adjustment granted under this 
section shall exceed the increases in cost 
of direct labor and materials, and any 
such adjustment shall be additionally 
limited as set forth below: (As used be¬ 
low “over-all profits’ 1 means over-all 
profits before deduction of income and 
excess profit taxes.) 

(1) To an amount sufficient to make 
the adjusted price per unit equal to the 
total current cost of production per unit 
less general administrative and selling 
expenses, where applicant’s current over¬ 
all profits on an annual basis are at least 
15 per cent greater than his average 
annual over-all profits during the years 
1936-1939, inclusive (or other appro¬ 
priate peace-time base period). 

(2) To an amount sufficient to make 
the adjusted price per unit equal to the 
total current cost of production per unit, 
where applicant's current over-all profits 
on an annual basis are less than 15 per 


cent greater, but not appreciably less, 
than his average annual over-all profits 
during the period 1936-1939, inclusive 
(or other representative peace-time base 
period), but not in excess of an amount 
which will cause his current over-all 
profits on an annual basis to equal or 
exceed 115 per cent of his average annual 
over-all profits during such base period. 

(3) To an amount sufficient to make 
the adjusted price per unit equal to the 
total current cost of production per unit 
plus a "reasonable margin of profit per 
unit, where applicant’s current over-all 
profits on an annual basis are appreci¬ 
ably less than his average annual over-all 
profits during the period 1936-1939, in¬ 
clusive (or other representative peace¬ 
time period), but not in excess of an 
amount which will cause his current 
over-all profits on an annual basis to 
exceed his average annual over-all profits 
during such base period. 

(e) Any application for an adjustment 
under this section shall be filed in ac¬ 
cordance with subpart B of Revised Pro¬ 
cedural Regulation No. l. s 

Sec. 11. Petitions for amendment. 
Any person seeking an amendment of 
any provision of this regulation may file 
a petition for amendment in accordance 
with the provisions of Revised Procedur¬ 
al Regulation No. 1. 

Effective date. This regulation shall 
become effective February 11, 1944. 

Note: All reporting and record-keeping 
requirements of this regulation have been 
approved by the Bureau of the Budget In 
accordance with the Federal Reports Act of 
1942. 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 

IF. R. Doc. 44-1769; Filed, February 6, 1944? 

12:11 p. m.] 


Part 1426 —Wood Preservation and 
Primary Forest Products 

12d Rev. MPR 216, 1 Arndt. 2J 
EASTERN PRIMARY FOREST PRODUCTS 

A statement of the considerations in¬ 
volved in the issuance of this amend¬ 
ment, issued simultaneously herewith, 
has been filed with the Division of the 
Federal Register.* 

Second Revised Maximum Price Reg¬ 
ulation 216 is amended in the following 
respects: 

1. In section 2 (a), a subparagraph (4) 
is added, to read as follows: 

(4) Eastern industrial blocking. 

2. In section 2 (e), subparagraphs (7), 
(8), and (9) are redesignated (9), (10), 
and (11), respectively, and subpara¬ 
graphs (7) and (8) are added, to read 
as follows: 

(7) “Industrial blocking” means mixed 
hardwoods that are sawn to specified 
sizes and of a grade meeting the require¬ 
ments of steel mills and like users, for 


•Copies may be obtained from the Office 
of Price Administration. 

>8 FR. 12936. 16209. 

•7 F.R. 8961; 8 F.R. 3313, 3533, 6173, 11800. 









FEDERAL REGISTER, Tuesday , February 8, 1944 


bracing and blocking their products in 

shipment. 

(8) “Standard open pit mine ties'* 
means ties 8' in length, manufactured 
from woods-run timber 8" or larger in 
top diameter. “Small*’ open pit mine ties 
are the same except that they are manu¬ 
factured from timber 7" to 8" in top 
diameter. 

3. Section 3, in the first undesignated 
paragraph, immediately after the phrase 
“for Eastern wooden mine material", the 
phrase “and industrial blocking" is in¬ 
serted; and immediately after the phrase 
“round or split lagging** the phrase “and 
open pit mine ties" is inserted. 

4. In section 3, at the end of the third 
undesignated paragraph the following 
sentence is added; “Open pit mine ties 
in Zone 8 may be priced on a delivered 
basis in accordance with footnote 1 to 
table 7 <c)’\ 

5. In section 4, at the end of the first 
undesignated paragraph, the following 
sentence is added: “Transportation ad¬ 
ditions for open pit mine ties delivered to 
mines in Zone 8 are set out in footnote 
1 to table 7 (c) .** 

6. In section 17, the section heading is 
amended to read: "Maximum prices for 
Eastern wooden mine material and indus¬ 
trial blocking ”, and at the end of the un¬ 
designated paragraph, the following is 
added: “A provision for quoting open pit 
mine ties on delivered basis in Zone 8 
appears in footnote 1 to table 7 (c). 

All diameters specified in the following 
tables in this section refer to measure¬ 
ment taken at the small end and under 
the bark”. 

7. In section 17, a table 3 (e) is added, 
to read as follows: 


o (e) Industrial Blocking (Mixed Hardwoods) 



Price 

Green 

Dry 

All sizes up to and including 6" x 

7"_____ 

$30. 50 

5400 

3900 

All sizes over 0" x 7"._. 

32.50 

5400 

3900 



Note 1: All lengths specified shorter than 6', add 3.00. 


8. In section 17, a table 4 (d) is added, 
to read as follows: 


4 (d) Industrial Blocking (Mixed Hardwoods) 



Price 

Green 

Dry 

Ah sizes up to and including 6” x 

$30.50 

5400 

3900 

All sizes over 6" x 7"._. 

32.50 

6400 

3900 




Note 1: All lengths specified shorter than 6'. add $3.00. 


9. In section 17, tables 5 (a), 5 (b), and 
5 (c) are redesignated 5 (b), 5 (c), and 
5 (d), respectively, and new tables 5 (a) 
and 5 (e) are added, to read as follows: 

5 (a) Unpeeled Pit Posts and Props—Price Per Post 


(f. o. b. cars railroad loadlng-out point in the Counties of 
Bedford, Franklin, Campbell, Amherst, Appomattox, 
Prince Edward, and Charlotte in the Slate of Virginia) 


Length 


Diameters 


5" 

6" 

7" 

8 " 


Price 

Price 

Price 

Price 

$0.18 

$0.20 

$0.24 

$0.27 

6'2"_ 

.185 

.21 

.245 

.275 

6'4" _ 

.19 

.21 

.25 

.28 

6'6" . 

.195 

.22 

.255 

.285 

w . 

.20 

.23 

.20 

• 29 


5 (a) Unpekled Pit Posts and Props—Price Per Post 
—Continued 


Length 

Diameter 

5" 

6" 

7" 

8" 


Price 

Price 

Price 

Price 

6 / 10 // . 

tO. 205 

$0.24 

$0.27 

$0.30 

7'0". 

.21 

.245 

.28 

.31 

7'6". 

.225 

.20 

.30 

.335 

8'0"... 

.24 

.28 

.32 

.30 

8'C". 

.255 

.30 

.34 

.38 

VW' . 

.27 

.315 

.36- 

.40 

9V.". 

.285 

.33 

.38 

.425 

lO'O". 

.30 

.35 

.40 

.45 

lOT,"... 

.34 

.39 

.44 

.50 

ll'O". 

.385 

.44 

.49 

.55 

ire". 

.40 

.40 

.51 

.575 

lS'O". 

.42 

.48 

.64 

.60 

12Y/'. 

.435 

.50 

.50 

.625 

13'0". 

.455 

.52 

.58 

.65 

13'6".. 

.47 

.54 

.00 

.675 

14'0". 

.49 

.50 

.63 

.70 

14'6".— 

.485 

.58 

.65 

.725 


1527 


5 (e) Industrial Blocking (Mixed Hardwoods) 



Trice 

Green 

Dry 

All sizes up to and Including 
6" x 7". 

$29.00 

5400 

3900 

All sizes over 6" x 7“.1 

31.00 

5400 

3900 


Note 1: All lengths specified shorter than G' add $3.00 

10. In section 17, a table 6 (d) is added, 
to read as follows: 


6 (d) Industrial Blocking (Mixed Hardwoods) 



Price 

Green 

Dry 

All sipaa.up to and 

6"x7"_ 

Including 

$25.00 

27.00 

5400 

3900 

All sizes over 6" x 7"... 

6400 

3900 



Note 1: All lengths specified shorter than 6', add $3.00 


11. In section 17. tables 7. 7 (a), 7 (b), 7 (c), 7 (d), and 7 (e) are amended, 
and tables 7 (f), 7 (g), and 7 (h) are added, all to read as follows: 

MAXIMUM PRICE8 FOR MINE MATERIAL PRODUCED IN ZONE 8 
Table 7.—Round Unpeeled Pit Posts, Props, Polk Timber and Cribblvg Produced lv Minnesota 


[Weight in pounds and price per lineal foot] 


Top diameter inside 
bark 

Mixed Hardwoods and 
Hemlock 

Tamarack 

Jack, Norway, White Pine 
and Spruce 

All lengths 

8' and under 

All lengths 
over 8' 

All lengths 

S' and under 

All lengths 
over 8' 

All lengths 

8' and under 

All lengths 
over 8' 

wt. 

Price 

wt 

Price 

Wt. 

Price 

Wt 

Price 

Wt 

Price 

Wt 

Price 

3" to 5".. 

10 

18 

29 

43 

59 

78 

97 

$0,025 

.05 

.09 

.12 

.16 

.19 

.235 

11 

19 

31 

45 

62 

81 

100 

$0.03 

.055 

.10 

.13 

.17 

.20 

.245 









6" to 7". 









7“ to 9“.. 

9" to 11". 

















11" to 13". 









13" to 15". 









15" to 17". 









3" to 5". 

8.5 

12 

16 

21 

26 

31 

37 

44 

$0.03 

.045 

.075 

.105 

.135 

.17 

.205 

.24 

9.6 

13 

17 

22 

27 

33 

39 

46 

$0,035 

.05 

.085 

.115 

.145 

.18 

.215 

.25 

7.5 
11 

14.5 

18.5 
23 

28 

34 

40 

46 

53 

61 

$0.02 

.03 

.04 

.065 

.09 

.12 

.14 

.17 

.21 

.24 

.29 

8.5 
12 

15.5 

19.5 

2-1 

29.5 

35.5 
42 

48 

55 

63 

$0,025 

.035 

.05 

.075 

.10 

.13 

.15 

.18 

.22 

.25 

.30 

6" to 6". 





6" to 7". 





7" to 8". 





8" to 9". 





9" to 10" _ 





10" to 11". 





11" to 12". 





12" to 13". 





13" to 14". 









14" to 15". 



















Table 7 (a)—R ound Unpeeled Pit Posts, Props. Polk Timber and Cribbing Produced in Wisconsin and 

Michigan 

[Weight In pounds and price per lineal foot) 


Top diameter inside 
bark 

Mixed nardwoods and 
Hemlock 

Tamarack 

Jack, Norway, White Pino 
and Spruce 

All lengths 

S' and under 

All lengths 
over 8' 

All lengths 

8' and under 

All lengths 
over 8' 

All lengths 

S' and under 

All lengths 
over 8' 

Wt 

Price 

Wt. 

Price 

Wt 

Price 

Wt. 

Price 

wt. 

Price 

Wt. 

Price. 

3" to 5". 

10 

18 

29 

43 

59 

78 

97 

$0,025 

.05 

.09 

.12 

.16 

.19 

.235 

11 

19 

31 

45 

62 

81 

100 

$0.03 

.055 

.10 

.13 

.17 

.20 

.245 









5" to 7" . 









7" to V '. 









9" to 11" 









1i"t«t3"_ 









13" to 15".. 









15" to 17" . 









3" to 4". 

7.5 

9.5 
12 

16 

21 

26 

31 

37 

44 

$6.03 

.04 

.05 

.075 

.105 

.135 

.17 

.205 

.24 

8.5 

10.5 

13 

17 

22 

27 

33 

30 

40 

$6,035 

.045 

.055 

.085 

.105 

.135 

.17 

.205 

.24 





4" to 5". 









6" to 6".. 









6" to 7"_ 









7" to 8". 









8" to 9" .. 









6" to 10". 









10" to 11". .. 









11" to 12". 









3" to 5".. 





7.6 

11 

14.5 

18.5 
23 

28 

34 

40 

46 

63 

61 

$0.02 

.03 

.04 

.065 

.09 

.12 

.14 

.17 

.21 

.24 

.29 

8.5 

12 

15.5 

19.5 
24 

29.5 

35.6 
42 

48 

55 

63 

$0,025 
. 035 
.05 
.075 
.10 
.13 
.15 
.18 
.22 
.25 
.30 

6" to 6". 









6" to 7".. 









7" to 8"._. 









R" t/i or 









9" to 10" . 









10" to 11" 









11" tft 12"_ 









12" to 13". 









13" tn U"__ 









14" to 16"_ 







































































































































































































1528 


FEDERAL REGISTER, Tuesday, February 8, 1944 


Table 7 (b)—R ound or Split Lagging (192 Cubic 
Foot Cord) 



Per cord 

Weight 

Price 

Split cedar lagging. 

3250 

5000 

$15.50 

15.50 

Round or split jack pine or poplar 
lagging. 



Table 7 (c)—O pen-Pit Mine Ties 

Each 

8' Standard tamarack mine cross ties (manufac¬ 
tured from 8" and larger timber). $1.20 

8' Small tamarack mine cross ties (manufactured 

from 7" to 8" timber).. .70 

8' Standard white oak mine cross ties (manufac¬ 
tured from 8" and larger timber). 1.47 

8' Small white oak mine cross ties (manufactured 

from 7" to 8" Umber).8 

0 

Per M’B\f 

Tamarack mine switch ties....$42.00 

White oak mine switch ties. 45.00 


FOR MINK SWITCH TIES BOLD AND LOADED IN SKtfl IN 
ACCORDANCE W T 1TH THE REQUIREMENTS Of THE PUR¬ 
CHASER ADD 92.50 PER M'RM 

Note: 1—To figure delivered prices In Zone 8 instead 
of using the provisions of section 4, the following amounts 
may he added to above prices regardless of the produc¬ 
tion point 

Each 


Standard tamarack mine cross ties.. $0 15 

Small tamarack mine cross ties.. . 10 

Standard white oak mine cross ties.20 

Small white oak mine cross tics.15 

Per M'BM 

White oak and tamarack mine switch ties. $7.50 


Table 7(d)— Mixed Hardwood Underground Mine 
Cross or Switch Ties 


Per M'BM 



Weight 

Price 


Green 

Dry 

All sires 8' and shorter. 

5400 

3900 

$30.50 



Table 7 (e)—C ross Bars (Collars) Mixed 
Hardwoods 


Per M'BM 



Weight 

Price 

Green 

Dry 

All sizes up to and including 
6" to 7".. 

MOO 

5400 

3900 

3900 

$30.50 

32.50 

AH sizes over 6" x 7". 



Note: 1—For specified lengths longer than 16' add 
$3.00. 


Table 7 (f)—S hort Mine Material Mixed 
Hardwoods 



Per M'BM 


Weight 

Price 


Green 

Dry 

Post Caps (Headers) All Sizes.... 
Wedges to Specification. 

5400 

5400 

3900 

3900 

$30.50 

40.00 



Table 7 (g)—M ine Boards Mixed Hardwoods 


Per M'BM 



Weight 

Price 


Green 

Dry 

All sizes.^_ 

6400 

3900 

$30.50 




Table 7 (b)—I ndustrial Blocking Mixed 
Hardwoods 


Per M'BM 



Weight 

Price 


Green 

Dr/ 

All sizes up to and Including 6" x 

5400 

3900 

$30.50 

32.50 

All sizes over 6" x 7". 

5400 

3900 


Note 1: All lengths specified shorter than 6' add $3.00. 


12. Section 18, in the provision headed 
“Notes: Applying to Tables 8, 8a, 8b, 8c, 
8d, and 8e”, notes 1 and 7 are amended 
and note 11 is added, to read as follows: 

I. If a top diameter is specified, or where 
the top diameter controls, the butt size Bhall 
be determined by adding to the top diameter 
specified 1 inch for each 10 feet or fraction 
thereof In length. 

7. For unpeeled Oak, deduct .02 per lineal 
foot. 

II. For yellow pine piling shorter than 15' 
produced in Zones 2, 3, 4. 5. 6, or 7, the maxi¬ 
mum prices and weights shown in Table 10 
shall apply. 

13. In section 18, Table 9, a note 14 is 
added, to read as follows: 

14. For specified top diameter poles of ASA 
quality except in dimensions, the maximum 
price shall be determined as for an ASA pole, 
the class to be determined by the following 
matching of sizes: 

On all poles 50' and shorter: 

4" top dia-use Class 9 

5" top dia-use Class 7 

6" top dia-use Class 6 

7" top dia_use Class 6 

8" top dia-use Class 4 

9" top dia-..use Class 3 

10" top dia-use Class 1 

On all poles 55' and longer: 

4" top dia-use Class 9 

5" top dia-use Class 7 

6" top dia_„_ use Class 6 

7" top dia-use Class 5 

8" top dia-use Class 3 

9" top dia---use Class 2 

10" top dia-use Class 1 

14. In section 18, Table 10 is amended, 
to read as follows: 

Table 10—Yellow Pine Reinforcing Stubs and 
Anchor Logs Shorter Than 15', Maximum Prices 
and Weights per Lineal Foot. Produced in 
Zones 2, 3. 4. 5, 6. and 7 


(F. o. b. loading-out point or dumped, boomed, rafted, 
and prepared for towing in towablc waters) 


Minimum diam¬ 
eter small end 

Estimated 

weight 

Maximum Prices 

Zones 5, 6, 
and 7 

Zones 2, 3, 
and 4 

5". 

12 

$0.03 

$0.04 

6". 

15 

.04 

.05 

7". 

22 

.06 

.07 

8". 

30 

.07 

.09 

9". 

35 

.08 

.10 

10". 

39 

.12 

.14 

11". 

47 

.14 

.17 

12". 

55 

.16 

.19 

13". 

63 

.19 

.22 

14". 

72 

.22 

.25 

15". 

82 

.25 

.28 

16".. 

92 

.28 

.31 


Note I: For clean peeled stubs and anchor logs up to 
and including 13" minimum butt, add $0.01 per lineal 
foot. 14" minimum butt and larger, add $0.02 per 
lineal foot. 

Note 2i For boring, add $.02 per hole. 


This amendment shall become effec¬ 
tive February 8, 1944. 

(56 Stat. 23, 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 

Administrator . 

IF. R. Doc. 44-1772; Filed. February 5, 1944) 
12:07 p. m.J 


Part 1418— Territories and Possessions 
[MPR 373, 1 Amdt. 38) 

INTOXICATING LIQUORS IN THE TERRITORY OP 
HAWAII 

A statement of the considerations in¬ 
volved in the issuance of this amend¬ 
ment, issued simultaneously herewith, 
has been filed with the Division of the 
Federal Register.* * 

Maximum Price Regulation 373 is 
amended in the following respects: 

1. Section 25 is amended to read as fol¬ 
lows: 

Sec. 25. Maximum prices for intoxi¬ 
cating liquors, (a) Except as otherwise 
provided herein, the maximum price for 
intoxicating liquors sold at wholesale or 
at retail shall be: 

(1) Sales at wholesale. The maxi¬ 
mum price at wholesale shall not exceed 
the prices charged by the seller for the 
same amount and type of intoxicating 
liquors sold or offered for sal,e on Decem¬ 
ber 6. 1941, except that 

(1) Any discounts granted by a whole¬ 
saler to a retailer for quantity purchases 
or otherwise on December 6, 1941, may 
be discontinued, and 

(ii) There may be added to the maxi¬ 
mum price established herein, the 
amount of any United States gallonage 
tax which has become applicable on such 
sales since December 6, 1941. 

(2) Sales by retailers. The maximum 
price at retail shall not exceed the 
prices charged by the seller for the same 
amount and type of intoxicating liquors 
sold or offered for sale on December 6, 
1941, except that 

(i) There may be added to the maxi¬ 
mum price the amount of any United 
States gallonage tax which has become 
applicable on such sales since December 
6, 1941. 

(3) Liquors not sold or offered for sale 
on December 6, 1941. The maximum 
prices at wholesale and at retail for any 
intoxicating liquors not sold or offered 
for sale on December 6,1941, shall be de¬ 
termined by the Office of Price Admin¬ 
istration, Iolani Palace, Honolulu, T. H., 
upon application made to it by any seller 
of such intoxicating liquors. 

(4) For the purposes of this table, the 
term “intoxicating liquor” means any 
liquid with alcoholic content over 3.2% 
by volume sold by the bottle, package or 
case. 


•Copies may be obtained from the Office of 
Price Administration. 

1 8 F.R. 5388, 6359, 6849, 7200. 7457. 8064, 
8550, 10270, 10666, 10984. 11247. 11437, 11849, 
12299, 12703. 13023, 13342, 13500, 14139, 14305, 

*4688, 15253, 15369. 15851. 15852, 15862, 16866, 
16997, 17201, 9 FR. 173, 393. 
















































































































FEDERAL REGISTER, Tuesday , February 8, 1944 


1329 


(b) Maximum prices for sales in the 
Island of Oahu of compounded liquor 
manufactured in the Territory of Hawaii. 

to Proof Liqi or 


N'um- 

InT of 

bottles 

per 

case 


Size of bottles 

Maximum 
prices per case 
for sales to 
wholesalers, 
retailers or 
dispensers 

1 gallon 

$30.43 

1 gallon. 

22.82 

\i gallon. 

23.13 

i quart. 

23.74 

quart_ 

19.35 

i pint____ 

24.84 

Si pint. 

25.96 


Maximum 
prices per 
bottle for 
sales to 

consumers 


$5.0! 

2.57 

2.10 

1.35 

.71 


Liquor other than 90 proof . For liquor 
other than 90 proof, maximum prices shall 
be the prices determined by applying the fac¬ 
tors shown In the following conversion table 
for each variation of 1 degree in proof con¬ 
tent. 

Conversion Table 


Num¬ 
ber of 
bottles 
per 
case 

Size of bottles 

Factors for ad¬ 
justing maxi¬ 
mum prices 
per case for 
sales to whole¬ 
salers. retailers 
or dispensers 

Factors far 
adjusting 
maximum 
prices per 
bottle for 
sales to 
consumers 

4 

1 pnllnn 

$0.3131 


3 

1 gallon 

.2348 


6 

Si gallon. 

.2348 

$0.05088 

12 

1 quart. 

.2348 

.02544 

12 

Si quart. 

.1879 

.02035 

24 

1 pint_ 

.2348 

.01272 

48 

Si Pint. 

.2348 

.00636 


Note: Fractions. Drop fractions of less 
than y 2 cent. For fractions of y 2 cent or over, 
raise to the next highest whole cent. 

Variations of less than one degree in proof 
content . Adjust proportionately (e. g., half 
the above amounts for variations of Va degree, 
etc.) 

Examples. To determine the maximum 
price to wholesalers, retaUers or dispensers 
for a case of 12 one-quart bottles of 85 proof 
gin (or other Hawaiian manufactured com¬ 
pounded liquor): 

Maximum price for a similar case of 

90 proof liquor_-— $23- 74 

Factor for adjusting 
prices (from conversion 

table) _- $0.2348 

Number of degrees varia¬ 
tion in proof content 
(85-90) _ -5 

Adjustment of 90 proof 
price ($0.2348 x (-^5)) — -$1.1740 
Adjustment after dropping fraction 
of less than V 2 cent- — X-17 

Maximum price for a case of 85 proof 
liquor ___ 22. 57 


To determine the maximum price to con¬ 
sumers for one quart bottle of 85 proof 

liquor; 

Maximum price for one quart bottle 

of 90 proof liquor_- $2.57 

Factor for adjusting 
prices (from conversion 

table) _ $0.02544 

Number of degrees varia¬ 
tion In proof content 
(85-90) _ —5 

Adjustment of 90 proof 
Price ($0.02544 x (-5))- -$0.12720 
Adjustment after raising fraction of 
more than ^ cent _.......... —.13 


Maximum price for one quart bottle 

of 85 proof liquor_ $2. 44 

Complete schedule of 85 proof liquor prices 
resulting from application of conversion 
table in accordance with above examples: 

85 Proof Liquors 


Num¬ 
ber of 
bottles 
per 
case 


Size of bottles 

Maximum 
prices in?r case 
for sales to 
wholesalers, 
retailers or 
dispensers 

1 gallon_..... 

1 gallon. 

$28.86 

21.65 

21.96 

22.57 

18.41 

23.67 

24.79 

H gallon. 

1 quart.. 

Si quart- 

I pint.. 

H Pint. . 


Maximum 
prices per 
bot tle for 
sales to 
consumers 


$4.76 
2.44 
2.00 
1.20 


(1) The maximum prices above estab¬ 
lished for sales to wholesalers, retailers, 
or dispensers are for delivery at the sell¬ 
er’s warehouse. In the event the seller 
delivers to the buyer’s place of business 
or to any~other point designated by the 
buyer he may add to the maximum price 
an amount not in excess of charges for 
transportation actually paid, or to be 
paid, in connection with such delivery. 
The seller may not make any additional 
charge for delivery made in vehicles 
owned or controlled by him without first 
obtaining written authorization from the 
Office of Price Administration. 

(c) Maximum prices for gin drinks ap¬ 
plicable in the Island of Hawaii only 
shall be: 

(1) Gin manufactured in the Territory of 
Hawaii and sold In Jiggers straight—$0.20 per 
ounce of gin. 

(2) Mixed drinks made with glh manu¬ 
factured in the Territory of Hawaii—$0.05 per 
drink less the dispenser’s maximum price for 
mixed drinks made with imported gin. 

Vodka, Fun, Arrack. Okoleho, Brandy and All 
Other Compound Liquors in the Territory of 
Hawaii—85 proof 


Num¬ 
ber of 
bottles 
per 
case 

Size of bottles 

Prices to be 
charged to 
retailers and 
dispensers 
(per case) 

Prices to be 

charged to 
consumers 
(per bottle) 

4 

1 Gallon_ 

$30.12 
22.50 
23. 51 
25.10 
. 20.74 
26.02 
27.34 


3. 

6 

1 Gallon.. 

\i Gallon. . 

-.. 

12. 

12. 

24. 

48. 

1 Quart. 

Si Quart. 

1 Pint. 

Vi Pint.... 

$2.76 

2.28 

1.46 

.77 

Other than 85 proof. Apply the factors 
shown In the following conversion table for 
each variation of 1 degree in proof content: 

Conversion Table 

Num¬ 
ber of 
bottles 
per 
case 

Size of bottles 

Factors for 
adjusting prices 
to be charged 
to retailers and 
dispensers 
(per case) 

Factors for 
adjusting 
prices to be 
charged to 
consumers 
(per bottle) 

4 

3 

6 

12 

12 

24 

48 

1 gallon_ 

1 gallon_ 

$0. 3445 
.21M 
.2184 
.2584 
.2067 
.2584 
.25S4 


h gallon... 

1 quart_.... 

Si quart- 

1 pint. 

Si pint. 

$0.02842 

.02274 

.01453 

.00726 


Note: Fractions. Drop fractions of less 
than H cent. For fractions of l / 2 cent or 
over, raise to the next highest whole cent. 

Variations of less than one degree in proof 
content. Adjust proportionately, by inter¬ 
polation, (e. g. half the* above amounts for 
variations of \' 2 degree, etc.) 

Examples. (1) To determine the maxi¬ 
mum price to retailers and dispensers for a 
case of 12 four-fifths quart bottles of 80.6 
vodka: 

Maximum price for a similar 

case of 85 proof vodka__ $20.74 

Factor for adjusting prices 

(from conversion table).. $0.2067 
Number of degrees variation 
in proof content (80.6- 
85). -4.4 

Adjustment of 85 proof price 

($0.2067 X( -4.4)_-.90948 

Adjustment after raising 
fraction of more than \' 2 
cent__ — . 91 

Maximum price for a case of 80.6 
proof fifths_ 19.83 

(ii) To determine the maximum price to 
consumers for one four-fifths quart bottle 
of 80.6 vodka: 

Maximum price for one bottle (% 

quart) of 85 proof vedka_ $2. 28 

Factor for adjusting prices 

(from conversion table). $0.02274 
Number of degrees varia¬ 
tion in proof content 
(80.6-85). -4.4 

Adjustment of 85 proof 

price ($0.02274X —4.4)-.100056 
Adjustment after dropping fraction of 
less than y 2 cent_ —. 10 

Maximum price for one bottle 
quart) of 80.6 proof_ 2.18 

(iil) Complete schedule of 80.6 proof prices 
resulting from application of conversion table 
In accordance with above examples: 

80.6 Proof Liquors Other Tuan Gin 


Num¬ 
ber of 
bottles 
per 
case 

Size of bottle 

Price to be 
charged to 
retailers and 
dispensers (j*r 
case) 

Prices to bo 
charged to 
consumers 
(per bottle) 

4 

1 gallon. 

$28.60 


3 

1 gallon. 

21.45 


6 

Si gallon. 

22.37 


12 

1 quart. 

- 23.96 

$2.63 

12 

M quart. 

19.83 

2.18 

24 

1 pint. 

24.88 

1.40 

48 

Vi pint. 

26.20 

.74 


(iv) Complete schedule of 60 proof prices 
resulting from application of conversion table 
In accordance with above examples: 

90 Proof Liquors Other Than Gin 


Num¬ 
ber of 
bottles 
per 
case 

Size of bottle 

Prices to be 
charged to 
retailers and 
dispensers 
(per case) 

Prices to be 
charged to 
consumers 
(per bottle) 

4 

1 gallon _ 

$31.84 


3 

1 gallon. 

23.88 


6 

Si gallon. 

24.80 


12 

1 quart. 

26.39 

$2.93 

12 

Si quart .. 

21.77 

2.39 

24 

1 pint. 

27.31 

L 53 

48 

Si pint.. 

28.63 

.81 


(v) Complete schedule of 105 proof prices 
resulting from application of conversion 
table in accordance with above examples: 









































































































































1530 


FEDERAL REGISTER, Tuesday, February 8, 1944 


10o Proof Liqfors Other Tuan (Jin 


Kuril* 
ber of 
bottles 
|wr 
case 

Size of bottles 

Prices to be 
charged to 
retailers and 
dispensers 
(per case) 

Prices to be 
charged to 
consumers 
(tier bottle) 

4 

1 pallon ___ _ 

$37.01 


a 

1 gallon _ 

27. 70 


a 

gnllon --_ 

28.08 


12 _ 

. 

30.27 

*3.33 

12 

4 6 Quart...._ 

24.87 

2.73 

24. 

1 pint . 

31. 19 

L 75 

48. 

Vi pint. 

32.51 

.92 


(d) Maximum prices for sales outside 
the Island of Oahu of compounded liquor 
manufactured in the Territory of Hawaii. 

(1) The maximum prices for sales to 
consumers in the Territory of Hawaii 
outside the Island of Oahu shall be the 
maximum prices as set forth in para¬ 
graph (b) of this section, plus the follow¬ 
ing: .05per bottle on V 2 gallons. .03 V& 
per bottle on quarts or % quarts, .01** 
per bottle on pints and V2 pints. 

(2) The maximum prices for sales to 
wholesalers, retailers or dispensers in the 
Territory of Hawaii outside the Island of 
Oahu shall be the maximum prices as 
set forth in subparagraphs (1), (2), and 

(3) of paragraph (b) of this section, plus 
the amount of actual transportation costs 
from the point of manufacture to the 
buyer’s place of business, or to any other 
point designated by him, actually paid, 
or to be paid, by the seller. To the extent 
that such transportation is accomplished 
in vehicles owned or controlled by the 
seller, or any other prior vender, no 
charge may be made therefor without 
first obtaining written authorization 
from the Office of Price Administration. 
Whenever transport is by air, the amount 
of excess of the actual cost of air freight 
over the cctet of ocean freight for a simi¬ 
lar shipment may not be included in the 
amount to be added for transportation 
costs unless the buyer requests shipment 
by air or that his order be filled from 
shipments that have been transported by 
air. 

(e) Miscellaneous —(1) Taxes. The 
prices contained in paragraphs (b) and 
(c) of this section do not include the 6% 
Territorial Tax, which may be added, but 
they include all other taxes. 

(2) Maximum prices for sales of less 
than case lots to wholesalers, retailers 
or dispensers should be proportional to 
the prices contained in paragraphs (b) 
and (c> of this section for full cases. 
For this purpose, where fractions occur 
the next highest whole cent may be used. 
For example, the maximum price to be 
charged dispensers for a case of twelve 
one-quart bottles of 85 proof gin is 
$22.57. The price of three bottles would 
be three-twelfths of $22.57. Since this 
would produce a price of $5.64 v /a, the frac¬ 
tion may be raised to the next highest 
cent, and $5.65 charged. The price for 
six bottles, however, would be $11.29, for 
seven bottles $13.17, etc. With respect 
to less than case sales in gallon sizes, the 
prices should be proportional to the price 
for a full case of three bottles. (Note that 
the rule for handling fractions for pur¬ 
poses of determining less than case prices 
is not the same as the rule for handling 


fractions when using the conversion table 
under paragraph (b). 

2. Section 47 (i) is added to read as 
follows: 

(i) Posting and marking of prices. 
Notwithstanding the provisions of sec¬ 
tion 10 of this regulation, the following 
posting and marking provisions shall be 
applicable to this section 47: 

(1) Posting. On and after the effec¬ 
tive date of this section every person who 
sells or offers to sell any article listed 
and described in paragraph (a) (1) at 
retail shall post in a conspicuous place 
in a manner plainly visible to and under¬ 
standable by the purchasing public in 
the department or portion of the prem¬ 
ises where any such article is sold or of¬ 
fered for sale, a sign stating “Each pair 
of shoes and slippers in this store (or 
on this counter, shelf, or in this case, bin 
or rack) is marked and sold at our ceil¬ 
ing price or less.” 

(2) Marking. On and after the effec¬ 
tive date of this section no person shall 
sell or deliver or offer for sale any ar¬ 
ticle listed and described in paragraph 

(a) (1) at retail unless there is firmly 
attached to such article a stamp, tag or 
other marking showing the selling price. 
Such selling price must be plainly visible 
to and understandable by the purchasing 
public. 

This amendment shall become effec¬ 
tive as follows: 

(a) As to section 25 as of November 
8, 1943. 

(b) As to section 47 (i>, on February 
11, 1944. 

(56 Stat. 23, 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

, Chester Bowles, 
Administrator. 

[F. R. Doc. 44-1770; Filed, February 5. 1944; 

12:11 p. m.j 


Part 1418— Territories and Possessions 

IMPR. 373, 1 Aiqdt. 39] 

. FROZEN SHRIMP AND PRAWN IN THE 
TERRITORY OF HAWAII 

A statement of the considerations in¬ 
volved in the issuance of this amend¬ 
ment, issued simultaneously herewith, 
has been filed with the Division of the 
Federal Register.* 

Section 55 is amended to read as fol¬ 
lows: 

Sec. 55. Maximum xcholesale and re¬ 
tail prices for frozen shrimp and prawn. 
(a) Maximum prices for sales at whole¬ 
sale and retail of frozen shrimp and 
prawn in the Territory of Hawaii, shall 
be: 


•Copies may be obtained from the Office of 
Price Administration. 

‘8 F.R. 5388, 6359 , 6849. 7200. 7457, 8064, 
8550. 10270, 10666. 10984, 11247, 11437, 11849, 
12299, 12703, 13023, 13342, 13500, 14139, 14305, 
14688. 15253, 15369. 15851, 15852, 15862. 16866, 
16997, 17201; 9 F.R. 173, 393. 


Frozen Shrimp and Prawn 


Style of 
processing 

Size , 

jL 

ail 

gs o 

Retail price per 

pound 

Head on. 

Under 9 count. 

$0,369 

$0.47 

Head on. 

9-12 count_ 

.343 

.44 

Head on 

12-15 count. 

.316 

.40 

Head on. 

15-18 count. 

.29 

.37 

Head on.. 

18-25 count. 

.27 

,35 

Head on.. 

26-39 count. 

.25 

.32 

nead on. 

40 and over count.. 

.23 

.29 

Headless. 

Under 15 count._ 

.58 

.74 

Headless.. 

15-20 count. 

.52 

.67 

Headless... 

21-25 count. 

.474 

.61 

Headless 

28-30 count. 

.428 

,55 

Headless.. 

31-42 count. 

.395 

.51 

Headless 

43-65 count. 

.369 

.47 

Headless. 

66 and over count.. 

.336 

,43 

Peeled. 

Under 18 count.... 

.691 

.88 

Peeled. 

18-25 count. 

.625 

.80 

Peeled.. 

26-31 count. 

.560 

.72 

Pooled. 

32-37 count . 

.513 

.66 

Peeled.. 

38-51 count. 

.474 

.61 

Peeled. 

52-80 count. 

.434 

.66 

Peeled. 

81 and over count. 

.395 

.61 

Peeled and veined.. 

Under 20 count.... 

.783 

3.00 

Peeled and veined.. 

20-27 count. 

.697 

.89 

Peeled and veined.. 

28-33 count. 

. 63S 

.82 

Peeled and veined.. 

34-40 count. 

.58 

.74 

Peeled and veined.. 

41-56 count. 

.54 

.69 

Peeled and veined.. 

57-86 count.. 

. 493 

,63 

Peeled and veined.. 

87 and over count. 

.454 


Headless and 

Under 16 count .... 

.625 

.80 

veined. 




Headles and 

16-21 count. 

.506 

.72 

veined. 




Headless and 

22-27 count. 

.513 

.66 

vetned. 




Headless and 

28-32 count. 

.467 

.60 

veined. 




Head less and 

33-45 count. 

.434 

.56 

veined. 




H e a d 1 e s ivd 

46-69 count. 

.401 

.61 

veined. 




Headless and 

70 and over count.. 

.369 

4 47 

. veined. 





(b) Definitions. When used in this 
section the term: 

(1) “Count” as applied to shrimp and 
prawn, means the number of processed 
shrimp or prawn to the pound. 

(2) “Frozen shrimp and prawn” 
means shrimp and prawn that are nat¬ 
urally and artificially frozen. 

(3) “Headless” means shrimp and/or 
prawn from which the head has been 
removed. 

. (4) “Headless and veined” means 
shrimp and/or prawn from which the 
head and alimentary canal (sand vein) 
have been removed. 

(5) “Head on” means shrimp and/or 
prawn as it comes from the water. 

(6) “Peeled” means shrimp and/or 
praw r n from which the head and shell 
have been removed. 

(7) “Peeled and veined” means 
shrimp and/or prawn from which the 
head, shell and alimentary canal (sand 
vein) have been removed. 

(8) “Sale at retail” means a sale or 
selling to an ultimate user. 

(9) “Sale at wholesale” means a sale 
to any person other than the ultimate 
consumer and shall include sales to 
licensed retail stores, peddlers, hotels, 
restaurants, licensed boarding houses, 
the United States or any of its political 
subdivisions, public institutions, and all 
commercial and industrial users. 

(c) MaxiTnum prices for sales at 
wholesale and retail of frozen shrimp and 
prawrn not set forth in this section shall 

















































































FEDERAL REGISTER, Tuesday, February 8, 1944 1531 


be a price approved by the Office of Price 
Administration, Iolani Palace, Honolulu, 
Hawaii, which approval shall be obtained 
before any such shrimp is sold or offered 
for sale at wholesale or retail. 

This amendment shall become effec¬ 
tive as of November 16, 1943. 

(56 Stat. 23. 765; Pub. Law 151, 78th 
Cong.*, E.O. 9250, 7 F.R. 7871, E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 

jF. R. Doc. 44-1771; Filed. February 5. 1944; 
12:11 p. m.] 


Part 1499 —Commodities and Services 
[Rev. SR 1 to GMPR, Corr. to Amdt. 14 J J 
DOMESTIC HOG BRISTLES 

Section 2.12 (m) is corrected to read 
section 2.12 (n). 

Issued this 5th day of February 1944. 

Chester Bowles. 
Administrator. 

[F. R. Doc. 44-1776; Filed. February 5. 1944; 
12:09 p. m.J 


Part 1499— Commodities and Services 
[R ev. SR 1 to GMPR. Amdt. 47] 
UNGINNED SPANISH MOSS 

A statement of the considerations in¬ 
volved in the issuance of this amend¬ 
ment, issued simultaneously herewith, 
has been filed with the Division of the 
Federal Register.* 

Section 2.12 (o) is added to read as fol¬ 
lows; 

(o) Unginned Spanish moss. 

This amendment shall become effec¬ 
tive February 11, 1944. 

(56 Stat. 23, 765; Pub. Law 151. 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 

IF. R. Doc. 44-1773; Filed. February 5, 1944; 
12:05 p. m.J 


Part 1499— Commodities and Services 
[Rev. SR 11 to GMPR, Amdt. 431 

reconditioning of contaminated petro¬ 
leum products 

A statement of the considerations in¬ 
volved in the issuance of this amend¬ 
ment, issued simultaneously herewith, 
has been filed with the Division of the 
Federal Register.* 

Section 1499.46 (b) (130) is amended 
to read as follows: 

(130) Reconditioning of contaminated 
petroleum products from ocean-going 


• Copies may be obtained from the Office of 
Price Administration. 

1 8 F.R. 8754. 


vessels or for the United States or any 
agency thereof or for the government of 
any country whose defense the President 
deems vital to the defense of the United 
States under the terms of the Act of 
March 1942, entitled “An Act to Pro¬ 
mote the Defense of the United States,” 
or for any agency of such government. 

This amendment shall become effec¬ 
tive February 11, 1944. 

(56 Stat. 23, 765; Pub. Laws 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 
8 F. R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 

[F. R. Doc. 44-1774; Filed, February 5, 1944; 
12:10 p. m.J 


Part 1499 —Commodities and Services 
[R ev. SR 14 to GMPR. Amdt. 90] 
GINNED SPANISH MOSS 

A statement of the considerations in¬ 
volved in the issuance of this amend¬ 
ment, issued simultaneously herewith, 
has been filed with the Division of the 
Federal Register.* 

Section 6.40 is added to read as 
follows: 

Sec. 6.40 Ginned Spanish moss. This 
section establishes maximum prices for 
all sales of ginned Spanish moss except 
sales at retail. “Ginned Spanish moss” 
is a fibre derived from the plant den- 
dropogon usnecides by removing the 
outer covering through a combination of 
fermentation and ginning. 

(a) Maximum prices for ginner* s 
sales. (1) Except as provided in sub- 
paragraph (2), below, the maximum 
prices applicable to sales of ginned 
Spanish moss by the ginner thereof are: 

Maximum Prihw F. O, B. Gin 


[Cents per pound, any quantity] 



Pales to 
industrial 
users 

All other 
sales 

Black moss. . 

17*4 

1C 4 

AH other moss. 

16)4 

15 

« 




The prices enumerated above include 
commissions and all other charges. 
They are net prices except that the 
prices for sales to industrial users are 
subject to terms of 2% 10 days, net 30 
days. 

(2) The provisions of this subpara¬ 
graph <2) are applicable only to those 
ginners who, during March 1942, had an 
established practice of making sales of 
ginned Spanish moss for shipment or 
delivery in less than carload quantities 
direct to industrial users from ware¬ 
house stocks maintained by the ginner 
at points other than the location of his 
gin or gins. The maximum prices es¬ 
tablished by this paragraph apply only to 


sales by such a ginner for shipment or 
delivery from warehouses located at 
points other than the gin and only on 
sales to industrial users. The maximum 
price, f. o. b. warehouse, shall be de¬ 
termined by adding to the applicable 
price enumerated below the rail freight 
at the carload rate from the producing 
gin to the warehouse. The invoice or 
other memorandum delivered to the pur¬ 
chaser by the ginner shall separately 
state the amount added for freight from 
the gin to the warehouse. 


(Cents per pound] 


Quantity 

Black 

moss 

All 

other 

moss 

Carload lots (minimum 20,000 lbs.)._ 
Lofcj than carload lots: 

17*4 

164 

5,000 lbs. or over. 

184 

19 

17 

174 

21 

500 lbs. to 4,999 lbs. 

499 lbs. or less. 

224 



The above prices include commissions 
and all other charges and are subject to 
terms of 2% 10 days, net 30 days. 

(b) Maximum prices for all other 
sales. The maximum prices, f. o. b. pro¬ 
ducing gin, applicable to sales of ginned 
Spanish moss by all persons other than 
the ginner are set forth below. 


[Cents per pound 


Quantity 

Black 

moss 

All 

other 

moss 

Carload lots (minimum 20,000 lbs.).... 
Leas than carload lots: 

5,000 lbs. or over . 

17*4 

184 

19 

224 

16 M 

17 

174 

21 

100 lbs. to 4,999 lbs. 

499 lbs. or less... 



The above prices include commissions 
and all other charges, except as specified 
below, and are subject to terms of 2% 
10 days, net 30 days. 

The above prices are for shipment 
direct from the producing gin to the 
purchaser. In the case of sales for 
shipment from a warehouse located at a 
point other than the location of the pro¬ 
ducing gin, rail freight at the carload 
rate from the gin to such warehouse may 
be added to the above prices. The in¬ 
voice or other memorandum delivered to 
the purchaser by the seller shall separ¬ 
ately state the amount added for freight 
from the gin to the warehouse. 

This amendment shall become effec¬ 
tive February 11, 1944. 

(56 Stat. 23, 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 

[F. R. Doc. 44-1775; Filed, February 5, 1944; 

12:07 p. m.J 





































1532 


FEDERAL REGISTER, Tuesday , February 8 , 7044 


Part 1240—Fuel 
(MPR 436, 1 Arndt. 8] 


CRUDE PETROLEUM AND PETROLEUM AND 
NATURAL CAS 


A statement of the considerations in¬ 
volved in the issuance of this amendment, 
issued simultaneously herewith, has 
been filed with the Division of the Fed¬ 
eral Register.* * 

Section 8 (m) (2) is added to read as 
follows: 

(2) Lance Creek Field:and Salt Creek 
Field. The maximum price at the re¬ 
ceiving tank for crude petroleum pro¬ 
duced in Lance Creek Field, Niobrara 
County, Wyoming and the Salt Creek 
Field, Natrona CcUnty, Wyoming except 
crude petroleum produced from the Ten- 
sleep Sand, shall be as follows: 


A. P. I. gravity: 
Below 21_ 

21- 21.9. 

22- 22.9 . 

23- 23.9. 

24- 24.9. 

25- 25.9. 

26- 26.9_ 

27- 27.9 . 

28- 28.9. 

29- 29.9. . 

30- 30.9. 

31- 31.9. 

32- 32.9. 

33- 33.9. . 

34- 34.9_ 

35- 35.9. 

36- 36.9. 

37- 37.9.. 

38- 38*9_ 

39- 39.9 . 

40 and above. 


Dollars per 42 
gallon barrel 

-0.85 

_ . 87 

.. .89 

.. .91 

.....93 

..95 

.. .97 

.. . 99 

..- 1.01 

.1.03 

.1.05 

.1.07 

.1.09 

_1.11 

_ 1.13 

..1.15 

..1.17 

.1.19 

..1.21 

..1.1.23 

..1.25 


This amendment shall become effective 
February 12, 1944. 

(56 Stat. 23, 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 FJR. 7871; E.O. 9328, 
8 F.R. 4681) 

Issued this 7th day of February 1944. 

Chester Bowles, 

Administrator. 


JP. R. Doc. 44-1843; Filed, February 7, 1944; 
11:40 a. m.] 


Part 1347 —Paper, Paper Products. Raw 
Materials for Paper and Pa£er Prod¬ 
ucts, Printing and Publishing 
| MPR 451, 3 Arndt. 1] 

BOOK PAPER 

A statement of considerations in¬ 
volved in the issuance of this amend¬ 
ment has been issued simultaneously 
herewith and has been filed with the 
Division of the Federal Register.* 

The first paragraph of Appendix B 
(a) is amended to read as follows: 

(a) In those cases in which the manu¬ 
facturer delivered or offered for delivery 
during the period October 1, 1941 through 
March 31, 1942, the same or a similar grade 
in a like quantity to a purchaser in the same 


•Copies may be obtained from the Office of 
Price Administration. 

’8 F.R. 11369. 

*8 Fit. 11529. 


line of business, the maximum price shall 
be the highest price charged upon any such 
sale during that period. In those cases in 
which the manufacturer delivered or offered 
for delivery during the period October 1, 1941 
through March 31, 1942 the same or a 
similar grade in an unlike quantity or to a 
purchaser in a different line of business, the 
maximum price shall be the highest price 
charged for the same or similar grade during 
that period for any quantity and to any 
purchaser, adjusted upward or downward, as 
the case may be. in accordance with the 
manufacturer’s usual system of differentials 
and charges with respect to sales In varying 
(fuantities or to purchasers In different lines 
of business: Provided , however , That with 
respect to Increases effected by seller subse¬ 
quent to December 1, 1943, the pricing pro¬ 
visions of this paragraph shall in no event 
operate to increase the seller's maximum 
price applicable to the sale of the same or a 
similar grade in a like quantity to a pur¬ 
chaser to whom deliveries of that grade were 
made during the period October 1, 1G41 
through Maich 31. 1942 to an amount in 
excess of $3.00 per ton mere than the highest 
price paid by such purchaser to such seller 
during the period October 1. 1941 through 
March 31, 1942, for the same or a similar 
grade in a like quantity. 

This amendment shall become effec¬ 
tive February 12, 1944. 

(56 Stat. 23. 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 8 
F.R. 4681) 

Issued this 7th day of February 1944. 

Chester Bowles, 

Administrator. 

IF. R. Doc. 44-1845; FUed, February 7, 1944; 

11:39 a. m.J 


Part 1364— Fresh, Cured and Canned 
Meat and Fish Products * 

lMPR 418, 1 Arndt. 22] 

FRESH FISH AND SEAFOOD 

A statement of the considerations in¬ 
volved in the issuance of this amendment 
has been issued simultaneously here¬ 
with and filed with the Division of the 
Federal Register.* 

The first sentence of paragraph (a) 
in section 20 is amended to read as fol¬ 
lows; 

The Regional Administrator for Re¬ 
gion VIII may by order fix maximum 
prices for all types of sales of fresh fish 
or seafood for which a maximum price 
has not been established in this Maxi¬ 
mum Price Regulation No. 418: Provided , 
That: (1) During the year preceding the 
issuance of the order, substantially all 
of such fish or seafood which was con¬ 
sumed in the United States entered the 
United States at or was produced within 
Region VIII; (2) substantially all of such 
fish or seafood during the year preceding 
the issuance of the order was consumed 
within Region VUI; and (3) the maxi¬ 
mum price fixed by the order for each 
type of sale of such fish or seafood does 
not exceed the 1942 weighted average 
price for that type of sale of such fish 


’8 F.R. 9366. 10086, 10513, 10939, 11734, 
11687, 12468, 12233, 12688, 13297, 13182, 13302, 
14049, 


or seafood: Provided , That such price Is 
otherwise in accord with the provisions 
of the Emergency Price Control Act of 
1942, as amended, Executive Order No. 
9250 and Executive Order No. 9328. 

This amendment shall become effective 
February 12, 1944. 

(56 Slat. 23. 765; Pub. Law 151, 78th 
Cong., E.O. 9250, 7 F.R. 7871; E.O. 9328 
8 F.R. 4681) 

Issued this 7th day of February 1944. 

Chester Bowles, 

Administrator. 

IF. R. Doc. 44-1846; Filed, February 7, 1944; 
11:39 a. m.J 


Part 1407— Rationing of Food and Food 
Products 

[RO 16, 1 Arndt. 103J 
meat, fats, fish and cheeses 

A rationale for this amendment has 
been issued simultaneously herewith and 
has been filed with the Division of the 
Federal Register.* 

The definition of “Rationed fats or 
oils” in section 24.1 (a) is amended by 
inserting after the words “sesame seed,” 
in subparagraph (3), the words “sun¬ 
flower seed,”. 

This amendment shall become effec¬ 
tive February 7, 1944. 

(Pub. Law 671, 76th Cong.,as amended 
by Pub. Laws 89, 421, 507 and 729, 77th 
Cong.; E.O. 9125, 7 F.R. 2719; E.O. 9280, 7 
F.R. 10179; WPB Directive 1, 7 F.R. 562; 
and Supp. Dir. 1-M, 7 F.R. 8234; Food 
Directive 1. 8 F.R. 827; Food Dir. 3, 8 F.R. 
2005; Food Dir. 5, 8 F.R. 2251; Food Dir. 
6, 8 F.R. 3471; Food Dir. 7, 8 FJR. 3471) 

Issued this 7th day of February 1944. 

Chester Bowles, 

Administrator. 

IF.. R. Doc. 44-1847; FUed, February 7, 1944; 
11:39 a. m.J 


Part 1351— Food and Food Products 
[RMPR 271, 2 Arndt. 10] 
potatoes and onions 

A statement of the considerations in¬ 
volved in the issuance of this amend¬ 
ment has been issued and filed with the 
Division of the Federal Register.* 

Revised Maximum Price Regulation 
No. 271 is amended in the following 
respects: 

1. In tables I and III of section 24, 
footnote 1, including its subdivisions, in 
each case, is deleted. 

2. Table III In section 24 is amended 
to read as follows: 


*8 F.R. 13128, 13394, 13980. 14399. 14623, 
14764, 14845, 15253, 15454, 15524,16160. 16161. 
16260, 16263, 16424, 16527. 16606.16695. 16739. 
16797, 16855, 17326; 9 FJl. 104, 106, 220. 677, 
695, 849. 

2 8 FR. 15587, 15663. 



































FEDERAL REGISTER, Tuesday, February 8, 1944 


1533 


Table in.— White Flesh Potatoes (1943) 


(Maximum price per 100 lbs., U. B. No. 1 grade, sacked and loaded on carrier, all varieties) 



Producing area 


1943 




1944 




Oct. 

Nov. 

Dec. 

Jan. 

Feb. 

Mar. 

Apr. 

May 

June 

North Atlantic: 

Maine.. 

An. 

$2.16 

$2.25 

2.70 

$2. 35 
2.80 

$2.40 

2.85 

$2.45 
2.90 

$2. 55 
3.00 

$2.65 
3.10 

$2.75 
3. 20 

$Z 75 
3.20 

New Hampshire..... 

All. 

2.60 

Vermont.. 

All. 

2.00 

2.70 

2.80 

2.85 

2.90 

3.00 

3.10 

3.20 

3.20 

M assachu setts_ 

All. 

2.60 

2 . 70 

2.80 

2,85 

2.90 

3.00 

3.10 

3. 20 

3.20 

Rhnda IslnnrL - _ - _ 

All. 

2.60 

2.70 

2.80 

2.85 

2.90 

3.00 

3. 10 

3. 20 

3.20 

Connecticut.. -- - 

All. 

2.60 

2.70 

2.80 

2.85 

2.90 

3.00 

3.10 

3. 20 

3.20 

New York_ _ 

/Long Island. 

2.60 

2.40 

2.50 

2.60 

2.50 

2.60 

2.70 

2.60 

2.70 

2.75 
2.65 
2.75 

2. SO 
2.70 
2.80 

2.90 

2.80 

2.00 

3.00 

2.90 

3.00 

3.10 
3.00 
3.10 

3.10 

3.00 

3.10 

New Jersey . , r _ , TT _ 

\Rest of State.. 

All_ _ 

Pennsylvania__ 

AIL. 

2.45 

2.55 

2.05 

2.70 

2.75 

2.85 

2.95 

3.05 

3.05 

East North Central: 

All. 

Ohio , _ 

2.45 

2.55 

2.65 

2.70 

2.75 

2.85 

2.05 

3.05 

3.05 

Indiana........ 

All. 

2.45 

2.55 

2.65 

2.70 

2.75 

2.85 

2.95 

3.05 

3.05 

Illinois 1T __ T _ 

All. 

2.45 

2.65 

2.65 

2.70 

2.75 

2.85 

2.95 

3.05 

3.05 

Michigan . . 

All ___ 

2.35 

2.45 

2.55 

2.60 

2.65 

2.75 

2.85 

2.95 

2.95 


All. 

2.20 

2.30 

2.40 

2.45 

2.50 

2. GO 

2.70 

2.80 

2.80 

West North Central: 



Traverse, Grant, Douglas, 
Todd, Morrison. Mille 
Lacs, Kanabec, Pine and 
all counties North thereof. 
Rest of State.. 

2.05 

2.15 

2.25 

130 

2.35 

2.45 

2.55 

2.65 

Z 65 

Minnesota. 

2.20 

2.30 

2.40 

2.45 

2.60 

2. GO 

2.70 

2.80 

Z 80 


Winnebago, Worth. Mitchell, 

2.20 

2.30 

2.40 

2.45 

2.50 

2.00 

2.70 

2.80 

Z 80 

Iowa.— 

Howard. Hancock, Cerro, 
Gordo, Floyd, Chickasaw, 
Winneshiek and Allamakee 
Counties. 

Rest of State. 

2.40 

2.50 

2.60 

2.65 

2.70 

2.80 

2.90 

3.00 

3.00 

Missouri _... .. 

All. 

2.20 

2.30 

2.40 

2.45 

2.50 

2.60 

2.70 

2.80 

Z 80 


Bowman, Golden Valley, 
Billings, Slope, McKenzie, 
Williams, and Divide 
Counties. 

Rest of State.. 

2.25 

2.35 

2.45 

Z 50 

2.65 

2.65 

2.75 

2.85 

2.85 

North Dakota.... 

2.05 

2.15 

2.25 

2.30 

2. 35 

2.45 

2.55 

2.65 

Z 65 

South Dakota... 

All _ _ 

2.15 

2.25 

2.35 

2.40 

2.45 

2.55 

2.65 

2.75 

Z 75 

Nebraska_ 

All. 

2.25 

2.35 

2.45 

2.50 

2.55 

2.65 

2.75 

2.85 

Z 85 

Kansas_........... 

All. 

2.20 

2.30 

2.40 

2.45 

2.50 

2.60 

2.70 

2.80 

Z 80 

West: 











Montana_.......... 

All. 

2.26 

2.35 

2.45 

2.50 

2.55 

2.65 

2. 75 

2.85 

Z 85 


Idaho, Lewis, Nez Perce, 

2.26 

2.35 

2.45 

2.50 

2.55 

2.65 

2.75 

2.85 

Z 85 

Idaho.. 

Clearwater, Latah, Bene¬ 
wah, Shoshone, Kootenai, 
Bonner and Boundary 
Counties. 

Rest of State. 

2.15 

2.25 

2.35 

2.40 

2.45 

2.65 

2.65 

2.75 

Z 75 

Wyoming _ 

AIL 

2.25 

2. 35 

2.45 

2.50 

2.55 

2.65 

2.75 

2.85 

Z 85 


r Saguache, Mineral, Archu¬ 

2.15 

2.25 

2.35 

2.40 

2.45 

2.55 

2.65 

2.75 

Z 75 

Colorado. 

leta, Rio Grande, Conejos, 
Alamosa, Costilla. Huer¬ 
fano, Las Animas Counties. 
La Plata, Hinsdale Gunni¬ 

2.10 

2.20 

2.30 

2.35 

2.40 

2 . 50 

2.60 

2.70 

Z 70 


son, Pitkin, Eagle. Routt, 
ana all counties west 
thereof. 

Greeley Distric. and rest of 
State. 

All. 

2.15 

2.25 

2.35 

140 

2.45 

2.55 

2.65 

2.75 

2.75 

New Mexico _ 

2.45 

2.55 

2.65 

2.70 

2.75 

2.85 

2.95 

3.05 

3.05 

Arizona.. 


2.50 

2.60 

2.70 

2.75 

2.80 

2.90 

3.00 

3. 10 

3.10 

Utah . 

All*'™”"-’’’™----------- 

2.05 

2.15 

2.25 

2.30 

2. 35 

2.45 

2.55 

Z 65 

2.65 

Nevada _ 

All. 

2.30 

2.40 

2.50 

2.55 

2.60 

2.70 

2.80 

ZOO 

2.90 

Washington _ 

(All. 

2.25 

2.35 

2.45 

2.50 

2. 55 

2.65 

2.75 

2.85 

2.85 

Malheur County. 

2.15 

2.25 

2.35 

2.40 

2.45 

2.55 

2.65 

2. 75 

Z 75 


•vCurry, Jackson, Josephine, 

2.30 

2.40 

2.50 

2.55 

2.00 

2.70 

2.80 

Z 90 

Z 90 

Oregon.. . 

Klamath,' Lake, Harney, 
Crook, Deschutes Counties. 
Rest of State. 

2.25 

2.35 

2.45 

2.50 

2.55 

2.65 

2.75 

2.85 

2.85 


Modoc and Siskiyou Coun¬ 

2.30 

2.40 

2.50 

2.55 

2. GO 

2.70 

2.80 

ZOO 

Z 90 

California . 

ties. 

Rest of State__ 

2.50 

2.60 

2.70 

2.75 

2.80 

2.90 

3.00 

3.10 

3.10 

All other States _ 


2.45 

2.55 

2.65 

2.70 

2.75 

2.85 

2.95 

3.05 

3.05 


3. Table IV of section 24 is amended in 
the following respects: 

a. In item 5 “Nevada” is deleted from 
the list of States. 

b. In item 6 the list of States is amend¬ 
ed to read as follows: 

Oregon, all other counties except Crook, 
Deschutes, Klamath and Lake. 

c. In item 7 the list of States is amend¬ 
ed to read as follows: 

California, Nevada, Oregon (counties of 
Crook, Deschutes, Klamath and Lake). 

d. In the footnote, paragraph (d) is 
amended to read as follows: 

d. For U. S. No. 1 white boiler and pickier 
onions graded and packed in 50-pound bags, 
the country shipper may add $1.00 per 60 
pounds. No grade differential may be added. 

4. Section 25 is added to read as fol¬ 
lows: 


Sec. 25. Differentials for grade , size and 
packaging, (a) Potatoes (grade and 
size). The following differentials shall 
be applied to the f. o. b. shipping point 
prices for white flesh potatoes, U. S. No. 
1 Grade, packed in 100-pound bags, which 
are set forth in tables I, ni and V in 
section 24. They shall be added or sub¬ 
tracted, as indicated, in sales by coun¬ 
try shippers (including growers) to all 
persons (including other country ship¬ 
pers). 

Amount to be ap- 

(1) Grade plied per cwt. 

U. S. Extra No. 1 or bet¬ 
ter_- add 10* 


Below U. S. No. 1 but 85% 

U. S. No. 1, U. S. commer¬ 
cial or better_ subtract 10* 

Loss than 85% U. S. No. 1, 

U. S. commercial or better, 
including ungraded and 
unclassified_—__ subtract 30* 


Amount to be ap - 

(1) Size plied per cwt. 


U. S. Size B_ subtract 30* 

6 oz. minimum_ add 15* 

2 Inch minimum or U. S. 

Size A, or combination. add 10* 


(If both 2 Inch mini¬ 
mum and U. S. Size A 
only 10* may be 
added). 

(3) Baking type 
U. S. No. 1 or better, 6 oz. 
and heavier, 2*6 inch and 

larger--- add 35* 

6 oz. minimum to 14 oz. 
maximum or 2*4 inch 
minimum to 4 inch max¬ 
imum, hand selected and 
graded, washed or brushed 
and specially packed in 10 
pound mesh bags, or in 
bags containing 10 mesh 
bags (each such mesh 
bag containing approxi¬ 
mately 5 pounds)_ add $1.25 

6 oz. minimum to 14 oz. 
maximum or 2'/ 2 inch 
minimum to 4 inch maxi¬ 
mum, hand selected and 
graded. washed or brushed, 
specially packed in 60 
pound bags_ add 60* 

(b) Potatoes (packaging ). The fol¬ 
lowing differentials for packaging shall 
be added to or subtracted from the figure 
which results from application of the 
above grade and size differentials, as in¬ 
dicated, in sales by country shippers 
(including growers) to all persons (in¬ 
cluding other country shippers): 


Type of pack or package Amount to be 


(1) Bulk, or in containers fur¬ 

applied 

nished by the pur¬ 

per cwt. 

chaser ... . „ 

subtract 20* 

(For example. If the pota¬ 


toes are U. S. Extra No. 1 


and the buyer supplies the 


containers, the seller’s 


maximum price per cwt. is 


the price from the appro¬ 


priate table, plus 10* as 


shown in (a) (1) above. 


and minus 20* under this 


paragraph) 


(2) Cotton , mesh or burlap 


bags 


10 pounds_ 

add 40* 

15 pounds.... 

add 30* 

25 pounds 

add 20* 

50 pounds_ 

add 10* 

(3) Paper bags 


10 pounds 

add 20* 

15 pounds... 

add 15* 

25 pounds_ 

add 10* 

60 pounds_ 

add 5* 

(4) Kraft paper bags spe¬ 

cially treated and mois¬ 


ture proof 


10 pounds_ 

add 22* 

15 pounds__ 

add 17* 

25 pounds_ 

add 12* 

50 pounds_ 

add 7* 


This amendment shall become effective 
February 5, 1944, except that as to sales 
of white boiler and all pickier onions by 
persons other than country shippers, it 
shall become effective February 25, 1944. 










































































































1534 


FEDERAL REGISTER, Tuesday, February 8, 1944 


(58 Stat. 23. 765: Pub. Law 151, 78th 
Cong.; E.O. 9250. 7 F.R. 7871; E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 
Approved: February 3, 1944. 

Ashley Sellers, 

Assistant War Food 
Administrator. 

[F. R. Doc. 44-1766; Filed. February 6, 1944; 
12:03 p. m.J 


Part 1382— Hardwood Lumber 
[MPR 368, 1 Arndt. 6] 
NORTHEASTERN HARDWOOD LUMBER 

A statement of the considerations in¬ 
volved in the issuance of this amend¬ 
ment, issued simultaneously herewith, 
has been filed with the Division of the 
Federal Register.* * 

Maximum Price Regulation No. 368 is 
amended In the following respects: 

1. Section 1 is amended to read as fol¬ 
lows: 

Section 1. Over-ceiling prices pro¬ 
hibited. (a) On and after April 21,1943, 
regardless of any contract or other ob¬ 
ligations, no person shall sell or deliver, 
and no person shall buy in the course of 
trade or business, any Northeastern 
hardwood lumber for direct mill ship¬ 
ment at prices higher than the maximum 
prices fixed by this regulation, and no 
person shall agree, offer, or attempt to 
do any of these things. 

(b) On and after February 5, 1944, the 
basic mill prices set forth in this regu¬ 
lation may be increased by 6 percent on 
all items, except the following: 

(1) Section 23, Tables 14, 17A, 17B, 
17C, and 17D. 

(2) Kiln-drying, millworking, anti¬ 
stain treatment, specified differentials 
and all additions to basic prices author¬ 
ized by footnotes or otherwise. 

2. In section 23, Table 17E— Mixed 
Hardwoods; Industrial Blocking (Mixed 
Oak and Hardwoods ) is revoked. 

This amendment shall become effec¬ 
tive February 5, 1944. 

(56 Stat. 23. 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 
8 FJR. 4681) 

Issued this 5th day of February 1944. 

James F. Brownlee, 
Acting"Administrator. 

IF. R. Doc. 44-1785; Filed, February 5, 1944; 

4:44 p. m.] 


Part 1407— Rationing or Food and Food 
Products 

[Rev. RO 3, 2 Arndt. 1] 

SUGAR 

A rationale accompanying this amend¬ 
ment, issued simultaneously herewith, 


•Copies may be obtained from the Office 
of Price Administration. 

' ’8 FR. 4968. 8541, 10660, 15672, 16791, 

17414. 

* 9 FJR. 1433. 


has been filed with the Division of the 
Federal Register.* 

Revised Ration Order 3 is amended 
in the following respects: 

1. Section 1407.91 (b) (9) is added to 
read as follows: 

(9) The amount of imported sugar- 
containing products used in excess of 
the amount permitted by § 1407.177 of 
this order, 

2. Section 1407.170 (c) is amended by 
deleting the w r ords “or Mexico”. 

3. An undesignated center headnote 
and § 1407.176 are added to read as fol¬ 
lows: 

IMPORTED SUGAR-CONTAINING PRODUCTS 

§ 1407.176 General, (a) For the pur¬ 
poses of this section and §§ 1407.91, 
1407.177, and 1407.178 of this order: 

(1) “Imported sugar-containing prod¬ 
uct” means any product in which sugar 
was used (or containing an ingredient 
in which sugar was used), manufactured 
outside the 48 States of the United States 
and the District of Columbia. However, 
the term does not include processed foods 
(as defined in Revised Ration Order 13) 
or foods covered by Ration Order 16; 

(2) Whenever any reference is made 
to the “amount” of an imported sugar- 
containing product, it shall be taken to 
mean the amount of sugar used in that 
product. 

4. Section 1407.177 is added to read as 
follows: 

§ 1407.177 Amount of imported sugar- 
containing products which may be used. 

(a) Any person may use imported sugar- 
containing products in the production 
or manufacture, or in the preparation 
for service, of other products, without 
giving up stamps, certificates, or checks, 
as follows: 

(1) He may, during the period from 
May 1, 1944 through June 30, 1944, and 
during any allotment period beginning 
on or after July 1, 1944, use an amount 
not exceeding that which he used during 
the corresponding period in 1941. If, 
however, during any such period he uses 
an amount of imported sugar-contain¬ 
ing products which is less than the 
amount he used during the same period 
in 1941, he may use the difference during 
any subsequent allotment period. 

(2) He may also use any imported 
sugar-containing products In his posses¬ 
sion or in transit to him on May 1, 1944, 
if by that date they were already in any 
of the 48 States of the United States or 
the District of Columbia and had been 
released by the Collector of Customs. 

(b) If a registered industrial or in¬ 
stitutional user desires to use a larger 
amount of imported sugar-containing 
products than permitted by paragraph 
(a), he must first give up to the board 
ration evidences covering that addi¬ 
tional amount. 

(c) The above restrictions do not ap¬ 
ply to any imported sugar-containing 
products which a person uses primarily 
for consumption by himself, members of 
his family unit, or persons eating at his 
table or on a farm he operates. 

(d) No person may use an imported 
sugar-containing product in the produc¬ 


tion or manufacture, or in the prepara¬ 
tion for service, of other products, ex¬ 
cept to the extent permitted by this sec¬ 
tion, unless specifically authorized by 
the Director of Food Rationing of the 
Office of Price Administration. 

(e) A person who uses imported sugar- 
containing products must make and keep 
a record showing the amount used by 
him in each month beginning with May 
1944. In addition, every person who 
uses imported sugar containing products 
under paragraph (a) (1) of this section 
must make and keep a record showing 
the amount he used in each month of 
1941 and a person using imported sugar- 
containing products under paragraph 
(a) (2) of this section must keep a 
record showing the amount in his pos¬ 
session or in transit to him on May 1, 
1944. (This paragraph does not apply 
to products used as permitted by para¬ 
graph (c).) 

(f) Every person who uses imported 
sugar-containing products must, within 
ten days after the allotment period in 
which he uses them, report to the dis¬ 
trict office, in any convenient form, the 
amount he used in that period. He 
must in addition, when making his first 
report, attach a statement showing the 
amount he used during each quarter of 
1941. (This paragraph does not apply 
to products used as permitted by para¬ 
graph (c).) 

5. Section 1407.178 is added to read as 
follows: 

§ 1407.178 Deliveries of imported sug¬ 
ar-containing products, (a) Any per¬ 
son who knows or has reason to believe 
that a product is an imported sugar-con¬ 
taining product may not deliver it un¬ 
less the container in which it is packaged 
when delivered is marked to show plainly 
that it is an imported sugar-containing 
product. Any invoice or sales slip in¬ 
volving an imported sugar-containing 
product must be similarly marked. 

(b) Any person who knows or has rea¬ 
son to believe that a product he is deliv¬ 
ering is an imported sugar-containing 
product w r hich will be used in the produc¬ 
tion or manufacture, or in the prepara¬ 
tion for service, of another product 
(other than under § 1407.177 (c)), must 
make and keep a record showing the 
amount of sugar in the product, the date 
of delivery, and the name and address 
of the person to whom the delivery is 
made. 

(c) Any person who imports or re¬ 
ceives an imported sugar-containing 
product from the Collector of Customs 
must keep a record showing the amount 
of sugar in the product. 

(d) Any person who imports or re¬ 
ceives imported sugar-containing prod¬ 
ucts from the Collector of Customs shall, 
beginning in June 1944, prepare and sign 
a report in duplicate, in any convenient 
form, showing: 

** (l) The amount imported by him dur¬ 
ing the preceding month; and 

(2) The names and addresses of the 
persons to whom he delivered imported 
sugar-containing products during the 
preceding month and the amount deliv¬ 
ered to each such person. 










FEDERAL REGISTER, Tuesday, February 8, 1944 


1535 


The original of the report shall be sent 
to the Office of Price Administration, 
Washington, D. C., not later than the 
10th day of each month; the duplicate 
shall be retained by the person reporting. 

6. Section 1407.179 is added to read 
as follows: 

§ 1407.179 Miscellaneous record-keep¬ 
ing provision . (a) A person required to 
keep records under §§ 1407.177 or 
1407.178 must keep them at his principal 
business office for a period of two years 
and must make them available for in¬ 
spection by representatives of the Office 
of Price Administration. 

This amendment shall become effec¬ 
tive May 1, 1944. 

Note: All reporting and record-keeping re¬ 
quirements of this amendment have been 
approved by the Bureau of the Budget in 
accordance with the Federal Reports Act of 
1942. 

(Pub. Law 421, 77th Cong.; E.O. 9125, 7 
F.R. 2718; E.O. 9280, 7 P.R. 10179; WPB 
Dir. No. 1 and Supp. Dir. No. IE, 7 P.R. 
662, 2965; Food Dir. No. 3, 8 FJFt. 2005; 
Food Dir. 8, 8 F.R. 7093) 

Issued this 5th day of February 1944. 

James F. Brownlee, 
Acting Administrator. 

|F. R. Doc. 44-1786; Filed, February 5, 1944; 

4:44 p. m.j 


TITLE 33—NAVIGATION AND NAVIGA¬ 
BLE WATERS 

Chapter III—Coast Guard: Inspection 
and Navigation 

Pilot Rules 

By virtue of the authority vested in me 
by sec. 2, 30 Stat. 102, 38 Stat. 381 (33 
UJ3.C. 157) and Executive Order 9083, 
dated February 28,1942 (7 F.R. 1609), the 
following amendment to the Inspection 
and Navigation regulation is prescribed: 

PART 312—PILOT RULES FOR INLAND WATERS 

Effective as of April 1, 1944, section 
312.16 is deleted and the following sub¬ 
stituted in its stead: 

§ 312.16 Lights for barges, canal boats 
and scows in tow of steam vessels on cer¬ 
tain inland waters on the seaboard , ex¬ 
cept the Hudson River and adjacent 
waters and Lake Champlain. On the 
harbors, rivers, and other inland waters 
of the United States, except the Great 
Lakes and their connecting and tribu¬ 
tary waters as far east as Montreal and 
the Red River of the North and rivers 
emptying into the Gulf of Mexico and 
their tributaries, and except on the 
waters of the Hudson River and its tribu¬ 
taries from Troy to the boundary lines of 
New York Harbor off Sandy Hook as de¬ 
fined pursuant to section 2 of the act of 
Congress of February 19, 1895, the East 
River, and Long Island Sound (and the 
waters entering thereon, and to the At¬ 
lantic Ocean), to and including Narra- 
gansett Bay, R. I., and tributaries, and 
Lake Champlain, barges, canal boats and 
scows in tow of steam vessels shall carry 
lights as follows: 

No. 27-6 


Barges and canal boats towing astern 
of steam vessels, when towing singly, or 
what is knowm as tandem towing, shall 
each carry a green light on the starboard 
side and a red light on the port side, and 
a white light on the stern, except that the 
last vessel of such tow shall carry two 
lights on her stern, athwartship, hori¬ 
zontal to each other, not less than 5 feet 
apart, and not less than 4 feet above the 
deck house, and so placed as to show all 
around the horizon. A tow of one such 
vessel shall be lighted as the last vessel 
of a tow. 

When two or more boats are abreast, 
the colored lights shall be carried at the 
outer sides of the bows of the outside 
boats. Each of the outside boats in last 
tier of a hawser tow shall carry a white 
light on her stern. 

The white light required to be carried 
on stern of a barge or canal boat carry¬ 
ing red and green side lights except the 
last vessel in a tow shall be carried in 
a lantern so constructed that it shall 
show an unbroken light over an arc of 
the horizon of 12 points of the compass, 
namely, for 6 points from right aft on 
each side of the vessel, and shall be of 
such a character as to be visible on a 
dark night with a clear atmosphere at 
a distance of at least 2 miles. 

Barges, canal boats or scows towing 
alongside a steam vessel shall, if the deck, 
deck houses, or cargo of the barge, canal 
boat or scow be so high above water as 
to obscure the side lights of the towing 
steamer when being towed on the star¬ 
board side of the steamer, carry a green 
light upon the starboard side; and when 
towed on the port side of the steamer, a 
red light on the port side of the barge, 
canal boat or scow; and if there is more 
than one barge, canal boat or scow 
abreast, the colored lights shall be dis¬ 
played from the outer side of the outside 
barges, canal boats or scows. 

Barges, canal boats or scows shall, 
when being propelled by pushing ahead 
of a steam vessel, display a red light on 
the port bow and a green light on the 
starboard bow of the head barge, canal 
boat or scow, carried at a height suffi¬ 
ciently above the superstructure of the 
barge, canal boat or scow as to permit 
said side lights to be visible; and if there 
is more than one barge, canal boat or 
scow abreast, the colored lights shall be 
displayed from the outer side of the out¬ 
side barges, canal boats or scows. 

The colored side lights referred to in 
these rules for barges, canal boats and 
scows in tow shall be fitted witti inboard 
screens so as to prevent them from being 
seen across the bow, and of such a char¬ 
acter as to be visible on a dark night, 
with a clear atmosphere, at a distance 
of at least 2 miles, and so constructed as 
to show a uniform and unbroken light 
over an arc of the horizon of 10 points of 
the compass, and so fixed as to throw the 
light from right ahead to 2 points abaft 
the beam on either side. The minimum 
size of glass globes shall not be less than 
6 inches in diameter and 5 inches high 
in the clear. 

Scows not otherwise provided for in 
these rules when being towed by steam 
vessels on the waters covered by the first 
paragraph of these rules shall carry a 


white light at each end of each scow, 
except that when such scows are massed 
in tiers, two or more abreast, each of the 
outside scows shall carry a white light 
on its outer bow, and the outside scows 
in the last tier shall each carry, in addi¬ 
tion, a white light on the outer part of 
the stern. The white light shall be car¬ 
ried not less than 8 feet above the sur¬ 
face of the water, and shall be'so placed 
as to show an unbroken light all around 
the horizon, and shall be of such a char¬ 
acter as to be visible on a dark night 
with a clear atmosphere at a distance 
of at least 5 miles. 

R. R. Waesche, 
Commandant. 

February 5, 1944. 

IF. R. Doc. 44-1791; Filed, February 9, 1944; 

9:03 a. m.J 


TITLE 41—PUBLIC CONTRACTS 

Chapter II—Division of Public Contracts 

Part 202 —Minimum Wage Determina¬ 
tions 

men’s hat and cap industry 

This matter is before me pursuant to 
section 1 (b) of the act of June 30, 1936, 
Pub. No. 846, 74th Cong. (49 Stat. 2036; 
41 U.S.C. Supp. Ill, sec. 35), entitled “An 
act to provide conditions for the pur¬ 
chase of supplies and the making of con¬ 
tracts by the United States, and for other 
purposes.” otherwise known as the 
Walsh-Healey Public Contracts Act. 

On November 11, 1943, the Adminis¬ 
trator of the Division of Public Contracts 
issued a notice of opportunity to show 
cause (8 F.R. 15873) why the minimum 
wage determination for the Men’s Hat 
and Cap Industry issued on July 28, 
1937, and amended January 24, 1938 and 
June 12,1942 (2 F.R. 1335, 3 F.R. 224, and 
7 F.R. 4495) should not be amended to 
provide (1) that there shall be no limita¬ 
tion on the number or proportion of 
auxiliary workers employed in the Uni¬ 
form Cap and Stitched Hat Branches of 
the Industry, (2) that any auxiliary 
workers in the Industry shall be paid not 
less than 40 cents an hour or $16 per week 
of 40 hours, arrived at either upon a 
time or piece-work basis, and (3) that 
the term “auxiliary workers” as applied 
to employees in the Uniform Cap and 
Stitched Hat Branches of the Industry 
shall include only those employees en¬ 
gaged in auxiliary occupations which 
were enumerated and defined in the 
Notice. 

The proposed amendments of the min¬ 
imum wage determination for the Men’s 
Hat and Cap Industry were based upon 
evidence before the Department obtained 
in surveys and conferences held pursuant 
to a prior notice of opportunity to show 
cause dated December 10, 1942 and the 
notice dated November 11,1943, at which 
representatives of manufacturers’ asso¬ 
ciations and the trade union representing 
employees in the Men’s Hat and Cap In¬ 
dustry were given an opportunity to ex¬ 
press their views. 

The above notices of opportunity to 
show cause were sent to trade unions. 










1536 


FEDERAL REGISTER, Tuesday , February 8, 1944 


trade associations and publications and 
were published in the Federal Register 
(7 F.R. 10492, 8 Fit. 15873). No sub¬ 
stantial objections or statements in op¬ 
position to the proposed amendments 
have been received. 

Upon consideration of all the facts 
and circumstances, 

X hereby determine: 

§ 202.11 Men's hat and cap industry . 

(a) The minimum wage for employees 
engaged in the performance of contracts 
with agencies of the United States Gov¬ 
ernment subject to the provision of the 
Walsh-Healey Public Contracts Act (49 
Stat. 2036, 41 U.S.C. Supp. m, sec. 35) 
for the manufacture or supply of men's 
hats and caps, including men's white 
sailor and other stitched cloth hats, 
men's fur-felt hats, men's uniform caps, 
and women's hats and caps of similar 
design and construction, shall be 67 Va 
cents an hour or $27 per week of 40 
hours, arrived at either upon a time or 
piece-work basis. 

(b) A tolerance of not more than 20 
percent of the employees in any one 
factory, whose activities at any given 
time are subject to the provisions of 
the Walsh-Healey Public Contracts Act 
be granted for auxiliary workers in the 
Men’s Hat and Cap Industry except that 
there shall be no limitation on the num¬ 
ber or proportion of auxiliary workers 
employed In the uniform cap and stitched 
hat branches of the Industry, provided 
that any auxiliary workers in the Indus¬ 
try shall be paid not less than 40 cents 
an hour or $16 per week of 40 hours, 
arrived at either upon a time or piece¬ 
work basis. 

(c) The term “auxiliary workers" as 
applied to the employees in the uniform 
cap and stitched hat branches of the 
Industry shall include only those em¬ 
ployees engaged in auxiliary occupations 
enumerated and defined as follows: 

Hand clipping: The operation of separating 
component parts of the article after they 
have been sewn. 

Hand cleaning: The operation of removing 
excess threads from the article or removing 
stains or dust. 

Size stamping: The operation of stamping 
the head size mark on the article. 

Floor boys (girls): One who carries Items 
of work to and from the various departments. 

Examining: The operation of inspecting 
the article for Imperfections during any stage 
of manufacture. 

Siceat band, braid , and strap cutter and 
measuring: The operation of measuring and 
cutting bands, straps and ribbons. 

Turning: The operation of turning the 
article Inside out or outside in. 

Packing: The operation of packing the 
finished caps into shipping containers, spray¬ 
ing larvex or moth flakes; if necessary, insert¬ 
ing tissue paper in caps and inserting a card¬ 
board ring stiffener to support crown of cap. 

Shipping and receiving: The operation of 
unloading and checking stock and preparing 
containers for shipment. 

Waste material sorting: The operation of 
separating paper from the rags whether per¬ 
formed in the cutting room or elsewhere. 

Hand stapling: The operation by hand 
pressure of a wire stapling machine to Join 
together parts of the article, to attach labels, 
bows or cloth to the article or part of the 
article, or to Join ends of a cardboard strip to 
form a packing ring. 


Drawstring pulling: The operation of slip¬ 
ping a cord or drawstring through part of a 
cap, hood or helmet. 

Basting pulling: The operation of puUlng 
out basting threads. 

Porter: The operation of cleaning floors or 
carrying boxes. 

Band and braid fitting: The operation of 
placing by hand but not sewing on a cap a 
prepared band or braid. 

Wire stiffener inserting: The operation of 
slipping a wire ring into the cap. 

Hand buckling: The operation of slipping 
a buckle on a strap. 

Visor inserting: The operation of inserting 
a canvas stiffener into a cloth pocket before 
the visor is attached. 

Pasting: The operation of attaching a label 
or ticket to a part of hat with paste or glue. 

Hand button inserting: The operation of 
Inserting, by hand, into a prepared hole a 
button and bending over clips to hold the 
button in place, or inserting a button with 
a threaded neck, and screwing a nut on neck 
to hold button firm. 

Hand hole punching: The operation of 
punching a hole into material by use of an 
ice pick or sim i lar pointed band instrument. 

Wire cuting and ring forming: The opera¬ 
tion of cutting a wire to length and Joining 
the ends to form a stiffener ring. 

Hand eyeletting: The operation by hand 
pressure of a machine to attach an eyelet to 
the article. 

Hand snap fastening: The operation by 
hand pressure of a machine to attach a snap 
fastener to the article. 

Nothing in this determination shall 
affect such obligations for the payment 
of minimum wages as an employer may 
have under any law or agreement more 
favorable to employees than the require¬ 
ments of this determination. 

This determination shall be effective 
and its provisions shall apply to all con¬ 
tracts subject to the Public Contracts 
Act, bids for which are solicited or nego¬ 
tiations otherwise commenced by the 
contracting agency on or after March 
2, 1944. 

Signed at Washington, D. C., this 2d 
day of February 1944. 

Frances Perkins, 
Secretary of Labor . 

[F. R. Doc. 44-1838; Filed, February 7, 1944; 

11:21 a. m.] 


TITLE 43—PUBLIC LANDS; INTERIOR 

Chapter I—General Land Office 
(Appendix) 

I Public Land Order 204] 
Washington 

WITHDRAWING PUBLIC LANDS FOR USE OF 
WAR DEPARTMENT 

By virtue of the authority vested in 
the President and pursuant to Executive 
Order No. 9337 of April 24, 1943, it is 
ordered as follows: 

Subject to valid existing rights, the 
public lands within the following-de¬ 
scribed areas are hereby withdrawn 
from all forms of appropriation under 
the public-land laws, including the 
mining and mineral-leasing laws, and 
reserved for the use of the War Depart¬ 
ment for military purposes: 


Willamette Meridian 
T 13 N R 24 E 

Sec. 18, N^NeU, SEV 4 NE 14 , and NE^SE^. 
T. 12 N., R. 25 E., 

Sec. 2; 

Sec. 4. and SE!4: 

Secs. 12, 14. 22, and 24; 

Sec. 26. Ny 2 NV 2 , SE>/ 4 SW>A, and SW^SEft. 
T. 13 N.. R. 25 E„ 

Secs. 24 and 25. 

T. 11 N., R. 26 E.. 

Secs. 4 and 10. 

T. 12 N.. R. 26 E., 

Secs. 2, 4, 6 , 8 . 10, 12, 14, 18, 22, 24, 30, and 
32. 

T. 13 N., R. 26 E.. 

Sec. 14, NWy 4 NEU, EV 2 NWft, and 
Sec. 28, S»ANy 2 and S y 2 ; 

Secs. 32. 34. and 36. 

T. 12 N., R. 27 E., 

Sec. 4, NE»/ 4 SW*4 and Sy 2 SEV4. 

T. 13 N., R. 27 E.. 

Sec. 18, lots 1 to 4, Inclusive. 

The areas described, including both public 
and non-public lands, aggregate 17,176.72 
acres. 

This order shall be subject to the 
classification as a power site made by the 
order of June 28, 1929, of the Secretary 
of the Interior (Power Site Classification 
No. 234), so far as such order affects lot 
1 sec. 18, T. 13 N., R. 27 E. 

This order shall take precedence over 
but not modify (1) the withdrawals for 
reclamation purposes made by the or¬ 
ders of June 7, 1902, April 20, 1904, and 
December 22, 1905, of the Secretary of 
the Interior, and (2) the withdrawal of 
classification and other purposes made 
by Executive Order No. 6964 of February 
5, 1935, so far as such orders affect any 
of the above-described lands. 

The jurisdiction granted by this order 
shall cease at the expiration of the six 
months* period following the termination 
of the unlimited national emergency de¬ 
clared by Proclamation No. 2487 of May 
27, 1941 (55 Stat. 1647). Thereupon, 
Jurisdiction over the lands hereby re¬ 
served shall be vested in the Department 
of the Interior, and any other Depart¬ 
ment or agency of the Federal Govern¬ 
ment according to their respective in¬ 
terests then of record. The lands, how¬ 
ever, shall remain withdrawn from ap¬ 
propriation as herein provided until 
otherwise ordered. 

Abe Fort as. 

Acting Secretary of the Interior . 
January 27, 1944. 

[F. R. Doc. 44-1797; Filed, February 7, 1944; 
10:09 a. m.j 


[Public Land Order 205] 
Mississippi 

MODIFYING NOXUBEE NATIONAL WILDLIFE 
REFUGE AND TRANSFERRING CERTAIN JURIS¬ 
DICTION THEREOVER TO SECRETARY OF 
INTERIOR 

By virtue of the authority vested in 
the President and contained in section 
32. Title m, of the Bankhead-Jones Farm 
Tenant Act of July 22, 1937, 50 Stat. 522, 
625 (UJS.C., title 7, secs. 1010-1013), and 
pursuant to Executive Order No. 9337 of 
April 24, 1943, and finding that such ac¬ 
tion will best serve the purposes of the 









1537 


FEDERAL REGISTER, Tuesday, February 8, 1944 


said Bankhead-Jones Farm Tenant Act, 
it is ordered as follows: 

Subject to valid existing rights and 
upon the recommendation of the Secre¬ 
tary of Agriculture, all lands and waters 
acquired by the United States within the 
following-described area are hereby 
added to and reserved as a part of the 
Noxubee National Wildlife Refuge, estab¬ 
lished by Executive Order No. 8444 of 
June 14. 1940: Provided , That any pri¬ 
vate lands within the area shall become 
a part of the refuge upon the acquisition 
of title thereto or control thereof by the 
United States: 

CHOCTAW MERIDIAN 

T. 17 N.. R. 13 E., 

Secs. 1. 2. and 3; 

Sec. 4, NB^NEft and NWftNWft: 

Sec. 5. E»/ 2 NEVi; 

Sec. 10, that part north and east of the 
Longview Road; 

Sec. 11, that part east of the Longview 

Road; 

Secs. 12 and 13; 

Sec. 14, that part east of the Longview 
Road and the Louisville-Starkville Road; 
Sec 25, that part lying south of the Parker 
Slough Road; 

Sec. 26. that part of the N^NW^ lying 
east of the LouisvlUe-Starkville Road, and 
that part of the NV&Sy 2 lying east of the 
Louisville-Starkville Road and south of 
of the Parker Slough Road; 

Sec. 36. that part of the E l / 2 lying south of 
the Parker Slough Road, EV 2 W>6. and 
NW V* N W %. 

T. 18 N„ R. 13 E., 

Sec. 25; 

Sec. 26. SE»4: 

Sec. 28. S»/ 2 SE!4; 

Sec 32. E»/ 2 E*/ 2 ; 

Secs. 33 to 36. inclusive. 

T. 17 N.. R. 14 E.. 

Sec. 5. N&. SWft, and N*/ 2 SB%; 

Secs. 6 and 7; 

Sec. 8, W»4, W * 2 SE l /i, and SB'iSEft; 

Sec. 9. SWV4SW>4; 

Sec. 11. S»4; 

Sec. 14. W»/ 2 NW&; 

Sec. 15. E»/ 2 NE 
Secs. 17 and 18; 

Sec. 31, that part of the W>.i lying south 
of the Parker Slough Road. 

T. 18 N.. R. 14 E., 

Sec. 31; 

Sec 32. Wi/ 2 NW»4 and SWtf. 

T 16 N., R. 15 E.. 

Sec. 1. lots 17. 18. 23. and 24; 

Sec. 2, lots 1, 5. 6, and lots 8 to 24, in¬ 
clusive; 

Sec. 27. SWi/ 4 SW>/ 4 . 

T. 17 N.. R. 15 E.. 

S?c. 35. WV 2 SE»4. 

SecfV. NE^SWVi and S^SWtf. 

Tlie areas described aggregate approximately 
14.970 acres. 

The following-described lands are 
hereby eliminated from the refuge, as 
established by said Executive Order No. 

8444; 

CHOCTAW MERIDIAN 

T. 15 N.. R. 13 E.. 

Sec. 1. N»/ 2 , N*4SW>4, and SE^SWtfj 
Sec. 2, E> 4 NEi 4 ; 

Sec. 3, NW>4NW»/ 4 ; 

Sec. 4. NW>4; 

See. 5. NE%, NViNWVi, SE^NW^, and 
NEV 4 SW>/ 4 ; 

Sec. 6. that part of the lying east 

of the Louisville-Starkville Road. 


T. 16 N.. R. 13 E.. 

Sec. 11, E^SE‘i{ 

Sec. 12. S»/ 2 ; 

Sec. 13; 

Sec. 14. E>4E>4: 

Secs. 21 and 22, those parts lying south 
of the Louisville-Starkville Road; 

Sec. 23, EVaEVa. and those parts of the 
SW '4 and WVfeSE 1 ^ lying south and east 
of the Louisville-Starkville Road; 

Secs. 24 and 25; 

Secs. 26. 27. and 28. those parts lying 
south of the Louisville-Starkville Road; 

Secs. 29 and 31, those parts lying east 
of the LouisviUe-Starkviile Road; 

Sec. 32, E l / 2 » and that part of the WV& 
lying south of the Louisville-Starkville 
Road; 

Sec 33* 

Sec.* 34.’ NV 2 and SW'4; 

Sec. 35, N&, N«/ 2 SW> 4 , SE^SWVi, and 
SEV4: 

Sec. 36. 

T. 16 N., R. 14 E., 

Sec. 7. S»/ 2 ; 

Sec. 8. that part of the SVa lying west 
of the Louisville-Starkville Road; 

Secs. 17 and 18. those parts lying north¬ 
west of the Louisville-Starkville Road; 

Sec. 19, that part lying northwest of the 
Louisville-Starkville Road and * west of 
the Bevils Hill-Scattertown Road; 

Sec. 30, that part lying west and south¬ 
west of the Bevils Hlll-Scattertown- 
Singleton Road; 

Sec. 31. that part lying south of the Scat- 
tertown-Singleton Road; 

Sec. 32. that part lying south and west of 
the Scattertown-Singleton Road. 

The areas described aggregate approxi¬ 
mately 11,200 acres. 

The jurisdiction over the lands within 
the Noxubee National Wildlife Refuge 
vested in the Secretary of Agriculture by 
said Executive Order No. 8444, is hereby 
transferred to the Secretary of the In¬ 
terior. 

Abe Fortas, 

Acting Secretary of the Interior. 

January 27, 1944. 

[F. R. Doc. 44-1798; Filed. February 7, 1944; 

10:10 a. m.J 


TITLE 43—PUBLIC WELFARE 

Chapter V—The President’s W r ar Relief 
Control Board 

Part 501— Solicitation and Collection 
of Funds and Contributions for War 
Relief and Welfare 

reports 

Pursuant to the provisions of Execu¬ 
tive Order No. 9205 of July 25, 1942, 
§501.8 (a) of Title 45 of the Code of 
Federal Regulations relating to the so¬ 
licitation and collection of funds and 
contributions for war relief and welfare 
is hereby superseded by the following 
§501.8 (a). 

§ 501.8 Reports, (a) All registrants 
shall submit to the Board not later than 
the twentieth day of January, April. 
July and October of each year sworn 
statements, on forms provided therefor, 
setting forth the information called for 
therein, including separate reports for 


each benefit, relating to the registrant’s 
activities and operations during the im- 
* mediately preceding quarterly period. 
Accounts audited by a certified public 
accountant shall be submitted to the 
Board semiannually. The information 
periodically submitted as required herein 
shall be supplemented by such further 
information as the Board may deem 
necessary, 

(E.O. 9205, 7 F.R. 5803) 

Approved: January 25, 1944. 

Charles P. Taft, 

Acting Chairman . 

IF. R. Doc. 44-1793; Filed, February 7. 1944; 
10:17 a. m.J 


TITLE 46—SHIPPING 

Chapter I—Coast Guard: Inspection and 
Navigation 

Subchapter F—Marine Engineering 

Part 55— Piping Systems 

By virtue of the authority vested in me 
by R. S. 4405, 4417a, 4418, 4426, 4429, 4430, 
4433, 4488, 4491, as amended, 49 Stat. 
1544 (46 U.S.C. 375, 391a, 392, 404, 407, 
408, 411, 481, 489, 367), and Executive 
Order 9083, dated February 28, 1942 (7 
F.R. 1609), the following amendment to 
the Inspection and Navigation Regula¬ 
tions, and approval of miscellaneous 
items of equipment for the better secu¬ 
rity of life at sea are prescribed: 

Section 55.19-3 (m) is deleted and the 
following is substituted instead: 

§ 55.19-3 Detail requirements; piping 
systems; * ♦ * 

(m) Discs, or disc faces, seats, stems 
and other wearing parts of valves shall 
be made of material which is noncorro¬ 
sive under service conditions and which 
possesses heat-resisting qualities suitable 
for the temperature to which it is ex¬ 
posed. 

Miscellaneous Items of Equipment 
Approved 

The following miscellaneous items of 
equipment for the better security of life 
at sea are approved: 

DAVIT 

Welin gravity davit, type 135-S (Proposed 
Arrangement Dwg. No. 2635, dated 16 June. 
1943, and Dwg. No. 2647, dated 22 June, 1943) 
(For a maximum working load of 20,500 
pounds per arm), manufactured by Welin 
Davit & Boat Corp., Perth Amboy. N. J. 

LINE-THROWING GUNS 

2 y 2 ” line-throwing gun. Model “S'* (Dwg. 
No. DS-256, dated 6 January. 1044), sub¬ 
mitted by Heat Transfer Products, Inc., 90 
West Street, New York, N. Y. 

line-throwing gun, Model “B” Short 
Barrel (Dwg. No. DS-257. dated 9 January. 
1944). submitted by Heat Transfer Products, 
Inc., 90 West Street, New York, N. Y. 

SEA ANCHOR 

Sea anchor, type 9 (U. S. Coast Guard 
Dwg. No. MMI-562 and specification, dated i 









1538. FEDERAL REGISTER, Tuesday, February 8, 1944 


November. 1943), submitted by Bowraan- 
Durham-Robbins, Inc., 603-613 Bergen Street, 
‘Brooklyn, N. Y. ' 

R. R. Waesche, 
Commandant. 

February 5, 1944. 

(F. R. Doc. 44-1790; Filed, February 7, 1944; 
9:03 a. m.J 


TITLE 49—TRANSPORTATION AND 
RAILROADS 

Chapter I—Interstate Commerce 
Commission 

Subchapter B—Carriers by Motor Vehicle 

Part 205—Reports 

MONTHLY AND QUARTERLY REPORTS OF CLASS 
I MOTOR CARRIERS OF PASSENGERS 

At a session of the Interstate Com¬ 
merce Commission, Division 1, held at 
its office in Washington. D. C., on the 13th 
day of January, A. D. 1944. 

The matter of statistical reports of 
Class I motor carriers of passengers 
being under consideration: 1 * 

It is ordered. That the order of April 3, 
1943 (§§ 205.11 and 205.21 of Title 49, 
Code of Federal Regulations), be and it 
hereby is vacated and set aside effective 
January 1, 1944. and the following order 
shall become effective in lieu thereof: 

§ 205.11 Quarterly reports of passen¬ 
ger revenues , expenses and statistics. 
Each Class I common and contract motor 
carrier of passengers subject to the pro¬ 
visions of section 220 of the Interstate 
Commerce Act shall file, under oath, 
quarterly reports commencing with the 
period January 1,1944, to March 31,1944 
(both dates inclusive), in accordance 
with the Quarterly Report of Revenues, 
Expenses and Statistics—Class I Motor 
Carriers of Passengers form which is 
hereby approved and made a part of this 
order. 3 Quarterly reports shall be filed 
in duplicate in the office of the Bureau 
of Motor Carriers of the Interstate Com¬ 
merce Commission within thirty days 
after the close'of the period to which 
they relate. (Sec. 220. 49 Stat. 563, sec. 
24. 54 Stat. 926; 49 U.S.C. 320) 

§ 205.21 Monthly reports of revenues , 
passeiigers and mileage . Each Class I 
common and contract motor carrier of 
passengers subject to the provisions of 
section 220 of the Interstate Commerce 
Act shall file monthly reports commenc¬ 
ing with the month of January 1944 in 
accordance with the Monthly Report of 
Revenues and Statistics—Class I Motor 
Carriers of Passengers form which is 
hereby approved and made a part of 
this order.* Monthly reports shall be 
filed in duplicate in the office of the Bu¬ 
reau of Motor Carriers of the Interstate 
Commerce Commission within thirty 
days after the close of the period to 


J The reporting requirement of this order 

has been approved by the Bureau of the 
Budget in accordance with the Federal Re¬ 
ports Act of 1942. 

3 Filed as part of original document. 


which they relate. (Sec. 220, 49 Stat. 
563. sec. 24. 54 Stat. 926; 49 U.S.C. 320) 
By the Commission, Division 1. 

(seal! W. P. Bartel, 

Secretary. 

(F. R. Doc. 44-1848; Filed, February 7. 1944; 
11:47 a. m.J 


TITLE 50—WILDLIFE 

Chapter I—Fish and Wildlife Service 

Part 25— Southern Region National 
Wildlife Refuges 

white river national wildlife 
refuge, ark. 

Under authority of section 10 of the 
Migratory Bird Conservation Act of 
February 18, 1929 (45 Stat. 1222; 16 
U.S.C. 715i), as amended, and in ex¬ 
tension of § 12.3 of the regulations for 
the Administration of the National Wild¬ 
life Refuges under the Jurisdiction of 
the Fish and Wildlife Sendee, dated De¬ 
cember 19, 1940 (5 F.R. 5284), the 
following is hereby ordered: 

Section 25.966a White RiVer National 
Wildlife Refuge , Arkansas; commercial 
fishing , is amended by striking out para¬ 
graph (b) State fishing laws and insert¬ 
ing in lieu thereof the following: 

(b) State fishing laws. Any person 
who fishes commercially within the ref¬ 
uge must comply with the applicable 
fishing laws and regulations of the State 
of Arkansas. Picnic seining is not per¬ 
mitted at any time, and the Director of 
the Fish and Wildlife Service may further 
restrict the type of gear that may be 
used for commercial fishing. 

Oscar L. Chapman, 
Assistant Secretary of the Interior. 

January 31, 1944. 

[F. R. Doc. 44-1742; Filed, February 4, 1944; 

2:43 p. m.] 


Notices 


DEPARTMENT OF THE INTERIOR, 
General Land Office. 

(Stock Driveway Withdrawal 235, California 
No. 17, Reduced! 

California 

STOCK DRIVEWAY WITHDRAWAL 

The order of the Assistant Secretary of 
the Interior of January 21, 1933, estab¬ 
lishing Stock Driveway Withdrawal No. 
235, California No. 17, under section 10 
of the act of December 29, 1916, 39 Stat. 
865, 43 U.S.C. 300, is hereby revoked so 
far as it affects the following-described 
land, which is within California Grazing 
District No. 1: 

Mount Diablo Meridian 

T. 29 S., R. 37 E., sec. 9. NE&SWtf. 

The area described contains 40 acres. 

Oscar L. Chapman, 
Assistant Secretary of the Interior . 
January 29, 1944. 

(F. R. Doc. 44-1795; Filed. February 7, 1944; 
10; 10 a. m.J 


[Stock Driveway Withdrawal 270, California 
No. 211 

California 

STOCK DRIVEWAY WITHDRAWAL 

By virtue of the authority contained 
in section 7 of the act of June 28, 1934, 
48 Stat. 1272, as amended by the act of 
June 26, 1936, 49 Stat. 1976 (U.S.C. title 
43, sec. 315f), and in section 10 of the 
act of December 29, 1916. 39 Stat. 865, 
as amended by the act of January 29, 
1929, 45 Stat. 1144 (U.S.C. title 43, sec. 
300), it is ordered as follows: 

The following-described public lands 
in California are hereby classified as 
necessary and suitable for stock-drive- 
way purposes and, excepting any mineral 
deposits therein, are withdrawn from all 
disposal under the public-land laws and 
reserved, subject to valid existing rights, 
for the use of the general public, the 
reservation to be known as Stock Drive¬ 
way Withdrawal No. 270, California No. 
21 : 

San Bernardino Meridian 

T. 14 S.. R. 5 E., 

Sec. 13, 8i/ 2 SEV4; 

See. 24. W»ANEVi. E*/ 2 NWVi, SWViNW‘4, 
and SW',4; 

Sec. 26. SEViNEV* and NEV 4 SE»4. 

T. 14 S.. R. 6 E., 

Sec. 18, lots 3 and 4, E^SW^. and SEV4. 
The areas described aggregate 842.56 acres. 

Any mineral deposits in the lands 
shall be subject to location and entry 
only in the manner prescribed by the 
Secretary of the Interior in accordance 
with the provisions of the aforesaid act 
of January 29, 1929, and existing reg¬ 
ulations. 

Oscar L. Chapman, 
Assistant Secretary of the Interior . 

January 20, 1944. 

[F. R. Doc. 44-1796; Filed, February 7, 1944; 

10:10 a. m.J 


DEPARTMENT OF AGRICULTURE. 

Office of the Secretary. 

(Administrative Order 1 
Lands in State of Idaho 

TRANSFER FROM SOIL CONSERVATION SERVICE 
TO FOREST SERVICE 

By virtue of and pursuant to the au¬ 
thority vested in the Secretary of Agri¬ 
culture by Title in of the Bankhcad- 
Jones Farm Tenant Act, and in the War 
Food Administrator by Executive Order 
No. 9322, as amended by Executive Or¬ 
der No. 9334, the following described 
lands within the Southeastern Idaho 
Project, ID-LU-1, situated within Cassia 
County, Idaho, comprising approxi¬ 
mately 4,497.97 acres within the Mini¬ 
doka National Forest are hereby trans¬ 
ferred from the Soil Conservation Service 
to the Forest Service for administration, 
protection, and management under the 
laws applicable to said lands, and such 
rules and regulations as have been or 
hereafter may be promulgated. 













1539 


FEDERAL REGISTER, Tuesday, February 8, 1944 


BOISE MERIDIAN 

T. 15 S.. R. 29 E.. 

See. 26. se%se%, e%sw%se%; 

Sec. 35. NE>/ 4 NE%, E%NW%NE%, N% 
NE%SW%NB%. SE%NE%SW%NE%, 
N%SE%NE%, NE%SW%SE%NE% # 
SE%SE%NE%; 

T. 16 S.. R. 29 E., 

Sec. 7. S%S%; 

Sec. 9. s%, s%N%; 

Sec. 11. 8%. S%N%; 

Sec. 15, 17, 19, 21, 29 Inclusive. 

Marvin Jones, 

War Food Administrator. 

Grover B. Hill, 

Acting Secretary of Agriculture. 
February 4, 1944. 

[F. R. Doc. 44-1756; Filed. February 5, 1944; 
11:11 a. m.) 


DEPARTMENT OF LABOR. 

Wage and Hour Division. 

Learner Employment Certificates 

ISSUANCE BY VARIOUS INDUSTRIES 

Notice of issuance of special certifi¬ 
cates for the employment of learners 
under the Fair Labor Standards Act of 

1938. 

Notice is hereby given that special 
certificates authorizing the employment 
of learners at hourly wages lower than 
the minimum rate applicable under 
section 6 of the act are issued under 
section 14 thereof and part 522.5 (b) of 
the regulations issued thereunder Au¬ 
gust 16, 1940, 5 F.R. 2862) to the em¬ 
ployers listed below effective as of the 
date specified in each listed item below. 

The employment of learners under 
these certificates is limited to the terms 
and conditions as designated opposite 
the employer’s name. These certificates 
are issued upon the employers’ repre¬ 
sentations that experienced workers for 
the learner occupations are not avail¬ 
able for employment and that they are 
actually in need of learners at sub¬ 
minimum rates in order to prevent cur¬ 
tailment of opportunities for employ¬ 
ment. The certificates may be can¬ 
celled in the manner provided for in the 
regulations and as indicated on the 
certificate. Any person aggrieved by the 
issuance of the certificate may seek a 
review or reconsideration thereof. 

Name and Address of Firm, Product, Num¬ 
ber of Learners, Learning Period. Learner 

Wage, Learner Occupation, Expiration 

Date 

Acme Cloth Reel Company, 214 West McBee 
Avenue, Greenville, South Carolina; cloth 
reels and cloth winding boards; 2 learners 
(T); reinforcing ends of cloth reels and past¬ 
ing lettered labels for a learning period of 
240 hours at 35? per hour; effective February 
7. 1944. expiring August 7, 1944. 

Hastings & Company, 819 Filbert Street, 
Philadelphia, Pennsylvania; gold and silver 
leaf; 4 learners (T); gold leaf cutter for a 
learning period of 480 hours at 35? per 
hour; effective February 7, 1944, expiring 
August 7, 1944. 

Ioweglan Printing Company. 105-7 Main 
Street, Centerville, Iowa; printing and pub¬ 
lishing; 2 learners (T); printers devil, lino- 
fype operator for a learning period of 480 


hours at 30 cents per hour; effective Febru¬ 
ary 7, 1944, expiring August 7, 1944. 

Puerto Rico Mills, Incorporated, of Puerta 
de Tierra, Puerto Rico, to employ seventy- 
seven learners In the Hosiery Industry dis¬ 
tributed among the following operations: 
Legging, final Inspection foot Inspection, leg 
Inspection, seaming, looping, topping, foot¬ 
ing, winding and mending; (a) Legging, 
seaming, looping, topping, footing and wind¬ 
ing at 10 cents an hour for the first 480 
hours; 12 % cents an hour for the second 480 
hours; 15 cents an hour for the third 480 
hours; 18% cents an hour for the fourth 480 
hours, and 25 cents an hour for every hour 
thereafter, (b) Final inspection, foot Inspec¬ 
tion, leg inspection, mending at 12% cents 
an hour for the first 480 hours; 18% cents 
an hour for the second 480 hours; and 25 
cents an hour for every hour thereafter. For 
all hours over forty worked in any one work¬ 
week, one and one-half times the applicable 
piece rate or the rate established herein, 
whichever is the higher, shall be paid. This 
Special Certificate shall become effective on 
January 1, 1944 and shall remain in effect for 
a period not exceeding six months thereafter. 

State Publishing Company, Pierre, South 
Dakota; printing; 1 learner (T); pressman 
for a learning period of 480 hours at 30 cents 
per hour; effective January 31, 1944, expiring 
July 31, 1944. 

Signed at New York, New York, thi3 
5th day of February 1944. 

Isabel Ferguson, 

Authorized Representative of the 
Administrator . 

[F. R. Doc. 44-1836; Filed, February 7, 1944; 

11:21 a. m.J 


Learner Employment Certificates 

ISSUANCE BY VARIOUS INDUSTRIES 

Notice of issuance of special certifi¬ 
cates for the employment of learners 
under the Fair Labor Standards Act of 
1938. 

Notice is hereby given that special cer¬ 
tificates authorizing the employment of 
learners at hourly wage rates lower than 
the minimum wage rate applicable under 
section 6 of the act are issued under sec¬ 
tion 14 thereof, Part 522 of the regula¬ 
tions issued thereunder (August 16, 1940, 
5 F.R. 2862, and as amended June 25, 
1942, 7 F.R. 4725), and the determination 
and order or regulation listed below and 
published in the Federal Register as here 
stated. 

Apparel Learner Regulations, September 7, 
1940 (5 FR. 3591), as amended by Admin¬ 
istrative Order March 13, 1943 (8 F.R. 3079). 

Single Pants, Shirts and Allied Garments, 
Women’8 Apparel, Sportswear, Rainwear, 
Robes and Leather and Sheep-Lined Gar¬ 
ments Divisions of the Apparel Industry, 
Learner Regulations, July 20. 1942 (7 F.R. 
4724), as amended by Administrative Order 
March 13. 1943 (8 FR. 3079). and Admin¬ 
istrative Order June 7, 1943 (8 FJR. 7890). 

Artificial Flowers and Feathers Learner 
Regulations, October 24, 1940 (5 F.R. 4203). 

Glove Findings and Determination of Feb¬ 
ruary 20. 1940, as amended by Administrative 
Order September 20, 1940 (5 F.R. 3748), and 
as further amended by Administrative Order, 
March 13, 1943 (8 F.R. 3079). 

Hosiery Learner Regulations, September 4, 
1940 (5 F.R. 3530), as amended by Admin¬ 
istrative Order March 13, 1943 (8 F.R. 3079). 

Independent Telephone Learner Regula¬ 
tions, September 27, 1940 (5 F.R. 3829). 


Knitted Wear Learner Regulations, October 
10, 1940 (5 F.R. 3982), as amended by Ad¬ 
ministrative Order, March 13, 1943 (8 F.R, 
3079). 

Millinery , Learner Regulations, Custom 
Made and Popular Priced, August 29. 1940 (5 
F.R. 3392. 3393). 

Textile Learner Regulations. May 16. 1941 
(6 F.R. 2446), as amended by Administrative 
Order March 13. 1943 (8 F.R. 3079). 

Woolen Learner Regulations, October 30, 
1940 (5 F.R. 4302). 

Notice of Amended Order for the Employ¬ 
ment of Learners in the Cigar Manufacturing 
Industry, July 20. 1941 (6 F.R. 3753). 

The employment of learners under 
these certificates Is limited to the terms 
and conditions therein contained and to 
the provisions of the applicable deter¬ 
mination and order or regulations cited 
above. The applicable determination 
and order or regulations, and the effec¬ 
tive and expiration dates of the certifi¬ 
cates issued to each employer is listed 
below. The certificates may be cancelled 
in the manner provided in the regulations 
and as indicated in the certificates. Any 
person aggrieved by the issuance of any 
of these certificates, may seek a review or 
reconsideration thereof. 

Name and Address op Firm, Industry, Product, 

Number op Learners and Effective Dates 

SINGLE PANTS. SHIRTS, AND ALLIED GARMENTS, 

WOMEN’S APPAREL, SPORTSWEAR, RAINWEAR, 

ROBES AND LEATHER AND SHEEP-LINED GAR¬ 
MENTS DIVISIONS OF THE APPAREL INDUSTRY 

The Carlisle Garment Company, 44 N. Bed¬ 
ford Street, Carlisle, Pennsylvania; house 
dresses, house coats, smocks; 5 learners (T); 
effective February 2, 1944, expiring February 
1, 1945. 

Dunhlll Shirt Company, Lexington, Mis¬ 
souri; Army and civilian shirts; 10 percent 
(T); effective February 3, 1944, expiring 
February 2, 1945. 

Elder Manufacturing Company, Ste. Gene¬ 
vieve, Missouri; 10 percent (T); boys’ shirts, 
sportswear and pajamas; effective February 
5, 1944, expiring February 4. 1945. 

J. & B. Sportswear, Flicksvllle, Pennsyl¬ 
vania; ladies’ blouses, sportswear; 10 learners 
(T); effective February 4, 1944, expiring 
February 3, 1945. 

Marvel Underwear & Pajama Company, 20 
Cleveland Avenue, Rutland, Vermont; men's 
pajamas; 10 learners (T); effective February 
4, 1944, expiring February 3, 1945. 

Salant & Salant, Inc., Parsons, Tennessee; 
cotton work pants; 10 percent (T); effective 
February 11, 1944. expiring April 10, 1944. 

Sel-Mor Garment Company, 1136 Washing¬ 
ton Street, St. Louis, Missouri; ladies’ lin¬ 
gerie and house coats; 10 percent <T); ef¬ 
fective February 4, 1944, expiring February 
3, 1945. 

Snelbaker Manufacturing Company, 17-19 
E. Simpson Street, Mechanicsburg, Pennsyl¬ 
vania; work shirts and pants; 10 percent 
(T); effective February 2, 1944, expiring Feb¬ 
ruary 1. 1945. 

Snelbaker Manufacturing Company, York 
Springs, Pennsylvania; work shirts; 10 learn¬ 
ers (T); effective February 2, 1944, expiring 
February 1, 1945. 

HOSIERY INDUSTRY 

Gray Line Hosiery Company, Chambersburg, 
Pennsylvania; full-fashioned hosiery; 5 
learners (T); effective February 2, 1944, expir¬ 
ing February 1, 1945. 

Gray Line Hosiery Company, Street Road, 
Eddington, Pennsylvania; full-fashioned 
hosiery; 4 learners (T); effective February 2, 
1944, expiring February 1, 1945. 

Seneca Knitting Mills, Inc., Bridge and 
Water Streets, Seneca Falls, New York; seam- 











1540 


FEDERAL REGISTER, Tuesday, February 8, 1944 


less hosiery; 5 percent (T); effective February 
4, 1944, expiring February 3, 1945. 

Union Manufacturing Company, Union 
Point, Georgia; seamless hosiery; 10 percent 
(AT); effective February 2. 1944, expiring 
August 1, 1944. 

KNITTED WEAR INDUSTRY 

Louis Gallet Knitting Mills, Penn-Craft, 
East Millsboro. Pennsylvania; ladies’ sweat¬ 
ers; 5 learners (T); effective February 2, 

1944, expiring February 1, 1945. 

TEXTILE INDUSTRY 

Greenwood Cotton Mill, Greenwood, South 
Carolina; cotton cloth; 3 percent (T); effec¬ 
tive February 2, 1944, expiring February 1, 

1945. 

Mathews Cotton Mill, Greenwood, South 
Carolina; cotton spun rayon and acetate 
woven fabrics; 3 percent (T); effective Feb¬ 
ruary 2, 1944, expiring February 1, 1945. 

CIGAR INDUSTRY 

Florida Cigar Company. East Jefferson 
Street, Quincy, Florida; cigars; 10 percent 
(T); cigar packers for a learning period of 
320 hours at 75% of the applicable mini¬ 
mum; effective February 4, 1944, expiring 
February 3, 1945. 

Signed at New York, N. Y., this 5th 
day of February 1944. 

Isabel Ferguson, 
Authorized Representative 
of the Administrator. 

IF. R. Doc. 44-1837; Filed. February 7, 1944; 
11:21 a. m.) 


FEDERAL POWER COMMISSION. 

(Docket No. G-523] 

Godfrey L. Cabot, Inc., and Cabot 
Gas Corp. 

order fixing date of hearing and sus¬ 
pending proposed increased rates 

February 2, 1944. 

It appears to the Commission that: 

(a) Godfrey L. Cabot, Inc., is engaged 
In the sale of natural gas to its wholly- 
owned subsidiary, Cabot Gas Corpora¬ 
tion, pursuant to the provisions of God¬ 
frey L. Cabot, Inc., Rate Schedule FPC 
No. 1 and Supplement No. 8 thereto. 
Natural gas so obtained by Cabot Gas 
Corporation is in turn resold by it to 
Pavilion Natural Gas Company pursuant 
to Cabot Gas Corporation Rate Schedule 
FPC No. 1 and Supplements Nos. 1,3, and 
7 thereto. 

(b) Cabot Gas Corporation also sells 
gas at retail in the communities of 
Hume, Fillmore ancJRossburg, New York, 
in addition to its wholesale sales to 
Pavilion Natural Gas Company. The 
latter distributes and sells such gas for 
ultimate public consumption in Genesee, 
Livingston and Wyoming Counties, New 
York. 

(c) On January 6, 1944, both Godfrey 
L. Cabot, Inc., and Cabot Gas Corpora¬ 
tion completed the filing of supple¬ 
mental rate schedules, together with the 
information required by the amended 
provisional rules of practice and regu¬ 
lations under the Natural Gas Act, 
which supplemental rate schedules are 
designated, respectively, as Supplement 
No. 9 to Godfrey L. Cabot, Inc., Rate 


Schedule FPC No. 1 and Supplement 
No. 8 to Cabot Gas Corporation Rate 
Schedule FPC No. 1, providing for in¬ 
creased rates for the sales of natural gas 
referred to in paragraph (a) above. 

(d) In purported justification of the 
proposed increased rates, Godfrey L. 
Cabot, Inc., states that the existing rate 
of Cabot Gas Corporation “was fixed in 
1937 when the quantity delivered to 
Cabot Gas Corporation was more than 
twelve times the present quantity avail¬ 
able for delivery, based upon very large 
production of gas in the fields in which 

. the Company operates. Increased costs 
of all items, depletion of wells causing 
great scarcity of gas and a complete 
failure of return based on the present 
price require the increase.’* 

Cabot Gas Corporation, in turn, states 
that it must have increased rates, be¬ 
cause the increased rate proposed by 
Godfrey L. Cabot, Inc., will cause a cor¬ 
responding increase in the former’s ex¬ 
penses. 

(e) By letter of December 16, 1943, 
Pavilion Natural Gas Company requested 
that the changes in rates proposed by 
Cabot Gas Corporation be investigated 
and that it be permitted to intervene in 
this matter; on January 24, 1944, the 
Economic Stabilization Director, by the 
Price Administrator of the Office of Price 
Administration, filed a petition to inter¬ 
vene in this matter and requested that a 
hearing be held and that the proposed 
increased rates be suspended. 

(f) Unless suspended by Commission 
order, said Supplement No. 9 to Godfrey 
L. Cabot, Inc., Rate Schedule FPC No. 1 
and Supplement No. 8 to Cabot Gas Cor¬ 
poration Rate Schedule FPC No. 1 will 
become effective as of February 5, 1944, 
pursuant to the provisions of the Natural 
Gas Act and the amended provisional 
rules of practice and regulations there¬ 
under. 

(g) The proposed increased rates pro¬ 
vided for in the aforesaid supplemental 
rate schedule may result in excessive 
rates to Cabot Gas Corporation and Pa¬ 
vilion Natural Gas Company and may 
place an undue burden upon ultimate 
consumers of natural gas. 

The Commission finds that: 

It is necessary, desirable and in the 
public interest that the Commission 
enter upon a hearing concerning the law-' 
fulness of the proposed increased rates 
and that such proposed increased rates 
be suspended pending such hearing and 
decision thereon. 

The Commission orders that: 

(A) A public hearing be held com¬ 
mencing on March 7, 1944, at 9:45 a. m., 
in the Hearing Room of the Federal 
Power Commission, 1800 Pennsylvania 
Avenue, N. W., Washington, D. C., con¬ 
cerning the lawfulness of the proposed 
increased rates, subject to the jurisdic¬ 
tion of the Commission, contained in 
Supplement No. 9 to Godfrey L. Cabot, 
Inc., Rate Schedule FPC No. 1 and Sup¬ 
plement No. 8 to Cabot Gas Corporation 
Rate Schedule FPC No. 1. 

(B) Pending such hearing and deci¬ 
sion thereon, Supplement No. 9 to God¬ 
frey L. Cabot, Inc., Rate Schedule FPC 
No. 1 and Supplement No. 8 to Cabot Gas 


Corporation Rate Schedule FPC No. 1, 
insofar as those schedules provide for 
increased rates other than for the sale 
of natural gas for resale for industrial 
use only, be and they are hereby sus¬ 
pended until July 5, 1944, or until such 
time thereafter as such increased rates 
shall be made effective in the manner 
prescribed by the Natural Gas Act. 

(C) During the period of such suspen¬ 
sion, the rates of Godfrey L. Cabot, Inc., 
to Cabot Gas Corporation contained in 
Godfrey L. Cabot, Inc., Rate Schedule 
FPC No. 1 and Supplement No. 8 thereto 
and the rates of Cabot Gas Corporation 
to Pavilion Natural Gas Company con¬ 
tained in Cabot Gas Corporation Rate 
Schedule FPC No. 1 and Supplements 
Nos. 1, 3, and 7 thereto shall remain and 
continue in full force and effect, except 
insofar as such schedules may be for the 
sale of natural gas for resale for indus¬ 
trial use only. 

(D) At the hearing in this matter, 
the burden of proof to show that the 
proposed increase rates are just and 
reasonable shall be upon Godfrey L. 
Cabot, Inc., and Cabot Gas Corpora¬ 
tion, as provided in section 4 (e) of the 
Natural Gas Act. 

(E) Interested State commissions may 
participate in said hearing as provided 
in § 67.4 of the provisional rules of prac¬ 
tice and regulations under the Natural 
Gas Act. 

By the Commission. 

[seal] Leon M. Fuquay, 

Secretary. 

[F. R. Doc. 44-1753; Filed, February 5. 1944; 

9:58 a. m.J 


OFFICE OF ALIEN PROPERTY CUS¬ 
TODIAN. 

(Vesting Order 3015] 

Berndt G. Ommen 

In re: Estate of Berndt G. Ommen. de¬ 
ceased; File D-28-3677; E. T. sec. 6073. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation, 

Finding that— 

(1) The property and interests hereinafter 
described are property which is in the process 
ol administration by Leslie H. Noble, Judge 
of the County Court of Gage County, Neb¬ 
raska, Depositary, acting under the Judicial 
supervision of the County Court of the State 
of Nebraska, In and for the County of Gage; 

(2) 8uch property and interests are pay¬ 
able or deliverable to, or claimed by, nationals 
of a designated enemy country, Germany, 
namely. 

Nationals and Last Known Address 

Jurgen Wallman, Germany. 

Gerhard Wallman, Germany. 

Almuth Wallman, Germany. 

And determining that— 

(3) If such nationals are persons not with¬ 
in a designated enemy country, the national 
interest of the United States requires that 
such persons be treated as nationals of • 
designated enemy country, Germany; and 

Having made all determinations and taken 
all action, after appropriate consultation 









1541 


FEDERAL REGISTER, Tuesday, February 8, 1944 


and certification, required by said Executive 
order or act or otherwise, and deeming it 
necessary in the national interest, 

Now. therefore, the Alien Property Cus¬ 
todian hereby vests the following prop¬ 
erty and interests: 

The sum of $7,172.17 in the hands of the 
Judge of the County Court of Gage County, 
Nebraska, for distribution under Decrees of 
the County Court of Gage County dated May 
15, 1943 and November 9, 1943, to Jurgen 
Wallman in the sum of $2,390.73, Gerhard 
Wallman in the sum of $2,390.72 and Almuth 
Wallman in the sum of $2,390.72; also 

All right, title, interest, and claim of any 
kind or character whatsoever of Jurgen Wall- 
man, Gerhard Wallman and Almuth Wall- 
man. and each of them, in and to the estate 
of Berndt G. Ommen, deceased, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 

States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an ap¬ 
propriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it should 
be determined that such return should 
be made or such compensation should 
be paid. 

Any person, except a national of a 
designated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Custo¬ 
dian a notice of his claim, together with 
a request for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national’* and “designated 
enemy country** as used herein shall have 
the meanings prescribed in section 10 of 
said Executive order. 

Dated: January 27, 1944. 

[seal] Leo T. Crowley, 

Alien Property Custodian. 

kP. R. Doc. 44-1810; Piled. February 7, 1944; 

11:06 a. m.J 


[Vesting Order 3016] 

August Bansleben 

In re: Estate of August Bansleben, 
deceased; File D-28-7981; E. T. sec. 8888. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property 
Custodian after investigation, 

Finding that— 

(1) The property and interests hereinafter 
described are property which Is In the proc¬ 
ess of administration by Louis M. Schwalb, 
Freeburg, niinois, Administrator with the 
will annexed, acting under the Judicial super¬ 
vision of the Probate Court of St. Clair 
County, Illinois; 

(2) Such property and interests are pay¬ 
able or deliverable to, or claimed by, nationals 
of a designated enemy country. Germany, 

namely, 


Nationals and Last Known Address 

Marta Enseling, Germany. 

Berta Unterveg, Germany. 

Erna Gunther. Germany. 

Gustav Bansleben, Germany. 

And determining that— 

(3) If such nationals are persons not with¬ 
in a designated enemy country, the national 
interest of the United States requires that 
such persons be treated as nationals of a 
designated enemy country, Germany; and 

Having made aU determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive order 
or act or otherwise, and deeming it necessary 
In the national interest. 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, interest, and claim of any 
kind or character whatsoever of Marta En¬ 
seling, Berta Unterveg, Erna Gunther and 
Gustav Bansleben, and each of them, in and 
to the Estate of August Bansleben. deceased, 

to be held, used, administered, liqui¬ 
dated, sold or otherwise 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 an 
appropriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of 
the Alien Property Custodian to return 
such property or the proceeds thereof, 
or to indicate that compensation will not 
be paid in lieu thereof, if and when it 
should be determined that such return 
should be made or such compensation 
should be paid. 

Any person, except a national of a 
designated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Custo¬ 
dian a notice of his claim, together with 
a request for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national** and “designated 
enemy country’* as used herein shall 
have the meanings prescribed in section 
10 of said Executive order. 

Dated: January 27, 1944. 

[seal] Leo T. Crowley. 

Alien Property Custodian. 

[P. R. Doc. 44-1811; Piled. February 7, 1944; 

11:06 a. m.J 


[Vesting Order 3017] 

Martin Bauer 

In re: Estate of Martin Bauer, de¬ 
ceased; File D-28-3996; E. T. sec. 7000. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation, 

Finding that— 

(1) The property and interests hereinafter 
described are property which is in the process 
of administration by Thomas H. Freet, Ad¬ 


ministrator c. t. a., acting under the Judicial 
supervision of the Orphans’ Court of Perry 
County. Pennsylvania; 

(2) Such property and interests are pay¬ 
able or deliverable to, or claimed by, na¬ 
tionals of a dislgnated enemy country, Ger¬ 
many, namely. 

Nationals and Last Known Address 

Katherina Reimold, Germany. 

Ludwig Bauer, Germany. 

Fritz Bauer. Germany. 

Heindrich Sigmund. Germany. 

Heirs of Valentine Sigmund, Germany. 

Heirs of Adolf Ihrig, Germany. 

Martin Ihrig, Germany. 

Rosina Hessemer. Germany. 

Heirs of Louise Gerhard, Germany. 

Anna Gerhard, Germany. 

And determining that— 

(3) If such nationals are persons not 
within a designated enemy country, the na¬ 
tional interest of the United States re¬ 
quires that such persons be treated as na¬ 
tionals of a designated enemy country, Ger¬ 
many; and 

Having made aU determinations and taken 
all action, after appropriate consultation 
and certification, required by said Executive 
order or act or otherwise, and deeming it 
necessary in the national interest. 

Now. therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, interest and claim of any 
kind or character whatsoever of Katherina 
Reimold, Ludwig Bauer, Fritz Bauer, Heind¬ 
rich Sigmund, Heirs of Valentine Sigmund, 
Heirs of Adolf Ihrig, Martin Ihrig, Rosina 
Hessemer, Heirs of Louise Gerhard and Anna 
Gerhard, and each of them, in and to the 
estate of Martin Bauer, deceased, 

to be held, used, administered, liqui¬ 
dated, sold or otherwise 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 an ap¬ 
propriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it 
should be determined that such return 
should be made or such compensation 
should be paid. 

Any person, except a national of a des¬ 
ignated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Cus¬ 
todian a notice of his claim, together 
with a request for a hearing thereon, 
on Form APC-1, within one year from 
the date hereof, or within such further 
time as may be allowed by the Alien 
Property Custodian. 

The terms “national** and “designated 
enemy country’* as used herein shall 
have the meanings prescribed in section 
10 of said Executive order. 

Dated: January 27,1944. 

[seal] Leo T. Crowley, 

Alien Property Custodian. 

[F. R. Doc. 44-1812; Filed, February 7, 1944; 

11:06 a. m.] 








1542 FEDERAL REGISTER, Tuesday, February 8, 1944 


[Vesting Order 80181 
Lina Bechtel 

In re: Petition for the Partition of the 
Real Estate of Lina Bechtel, late of the 
Borough of Monaca, Beaver County, 
Pennsylvania, deceased; Pile D-66-294; 

E. T. sec. 2382. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation, 

Finding that— 

(1) The property and Interests herein¬ 
after described are property which is in the 
process of administration by Beaver County 
Trust Company, 1024 Third Avenue, New 
Brighton. Pennsylvania, Trustee, acting un¬ 
der the Judicial supervision of the Orphans’ 
Court of Beaver County. Pennsylvania; 

(2) Such property and interests are pay¬ 
able or deliverable to, or claimed by, nationals 
of a designated enemy country, Germany, 
namely, 

Nationals and Last Known Address 

Hermann Bechtel, Germany. 

Hans Bechtel, Germany. 

Gretchen Schlemmer, Germany. 

Charlotte Hose, Germany. 

Bertha Hose. Germany. 

Heinz Hose, Germany. 

Use Hose, Germany. 

Fritz Hose, Germany. 

Fritz Stiebing, Germany. 

Karl Stiebing, Germany. 

Bertha Reyher, Germany. 

Else Nelken, Germany. 

Frieda Rottenken, Germany. 

And determining that— 

(3) If such nationals are persons not 
within a designated enemy country, the na¬ 
tional interest of the United States requires 
that such persons be treated as nationals of 
a designated enemy country, Germany; and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive order 
or act or otherwise, and deeming it necessary 
In the national interest, 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests; 

All right, title, interest, and claim of any 
kind or character whatsoever of Hermann 
Bechtel, Hans Bechtel, Gretchen Schlemmer, 
Charlotte Hose, Bertha Hose, Heinz Hose. Use 
Hose, Fritz Hose, Fritz Stiebing, Karl Stie¬ 
bing, Bertha Reyher, Else Nelken, and Frieda 
Rottenken, and each of them, in and to the 
proceeds of the partition sale of real estate of 
Lina Bechtel, deceased, deposited with the 
Beaver County Trust Company, Trustee, un¬ 
der Decree of the Orphans’ Court of Beaver 
County, Pennsylvania, dated July 15, 1942, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 
States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an ap¬ 
propriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall not 
be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it should 
be determined that such return should 
be made or such compensation should be 
paid. 


Any person, except a national of a des¬ 
ignated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Cus¬ 
todian a notice of his claim, together with 
a request for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall have 
the meanings prescribed in section 10 of 
said Executive order. 

Dated: January 27,1944. 

[seal] Leo T. Crowley, 

Alien Property Custodian. 

[F. R. Doc. 44-1813; FUed, February 7, 1944; 

11:06 a. m.J 


[Vesting Order 3019J 
Hanna Boden 

In re: Estate of Hanna Boden, de¬ 
ceased; File D-28-1817; E. T. sec. 1193. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant 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 Lena M. Klein, 
CoUinsville, Illinois, Administratrix de bonis 
non, acting under the Judicial supervision of 
the Probate Court of the State of Dlinois, 
in and for the County of Madison; 

(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 and Last Known Address 

Mrs. Mary Mettenzwel, Germany. 

And determining that— 

(3) If such nationals are persons not 
within a designated enemy country, the 
national interest of the United States re¬ 
quires that such persons be treated as na¬ 
tionals of a designated enemy country, 
Germany; and 

Having made all determinations and taken 
all action after appropriate consultation and 
certification, required by said Executive or¬ 
der or act or otherwise, and deeming it 
necessary in the national interest. 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

AU right, title. Interest and claim of any 
kind or character whatsoever of Mrs. Mary 
Mettenzwel In and to the estate of Hanna 
Boden, deceased, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 
States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an ap¬ 
propriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall not 
be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it should 


be determined that such return should 
be made or such compensation should be 
paid. 

Any person, except a national of a des¬ 
ignated enemy country, asserting any 
claim arising as a result of this order may 
file with the Alien Property Custodian a 
notice of his claim, together with a re¬ 
quest for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall have 
the meanings prescribed in section 10 of 
said Executive order. 

Dated: January 27,1944. 

[seal] Leo T. Crowley, 

Alien Property Custodian. 

[F. R. Doc. 44-1814; Filed, February 7, 1944; 

11:06 a. m.] 


[Vesting Order 3020] 

William Gaedeken 

In re: Trust created by order of court 
in the Estate of William Gaedeken, de¬ 
ceased; File D-28-2183; E. T. sec. 2861. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian, after Investigation, 

Finding that— 

(1) The property and interests hereinafter 
described are property which Is in the process 
of administration by W. E. Froude, Trustee, 
acting under the Judicial supervision of the 
Superior Court of the State of Washington, 
in and for the County of King; 

(2) Such property and interests are pay¬ 
able or deliverable to, or claimed by, national! 
of a designated enemy country, Germany, 
namely. 

Nationals and Last Known Address 

Johann Friedrich Gaedeken, also known as 
Fritz Gaedeken, Germany. 

Children, names unknown, of Johann 
Friedrich Gaedeken, also known as Fritz 
Gaedeken, Germany. 

And determining that— 

(3) If such nationals are persons not 
within a designated enemy country, the na¬ 
tional interest of the United States requires 
that such persons be treated as nationals of 
a designated enemy country, Germany; and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive order 
or act or otherwise, and deeming it necessary 
in the national interest, 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, interest and claim of any 
kind or character whatsoever of 
Friedrich Gaedeken, also known as Fritz 
Gaedeken and children, names unknown, o 
Johann Friedrich Gaedeken, also known as 
Fritz Gaedeken, and each of them, in andi to 
the trust created by order of court in the 
Estate of William Gaedeken, deceased, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter- 
est of and for the benefit of the United 
States. 









FEDERAL REGISTER, Tuesday , February 8, 1944 1543 


Such property, and any or all of the 
proceeds thereof, shall be held in an 
appropriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it 
should be determined that such return 
should be made or such compensation 
should be paid. 

Any person, except a national of a 
designated enemy country, asserting any 
claiili arising as a result of this order, 
may file with the Alien Property Cus¬ 
todian a notice of his claim, together 
with a request for a’ hearing thereon, 
on Form AFC-1, within one year from 
the date hereof, or within such further 
time as may be allowed by the Alien 
Property Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall 
have the meanings prescribed in section 
10 of said Executive order. 

Dated: January 27, 194^. 

( seal! Leo T. Crowley, 

Alien Properly Custodian. 

IF. R. Doc. 44-1815; Filed. February 7, 1944; 

11:07 a. m.l 


| Vesting Order 30211 

John Henning vs. Martin Henning, et al. 

In re: Partition Proceedings John 
Henning vs. Martin Henning, et al.; File 
D-57-303: E. T. sec. 8068. 

Under the authority of the Trading 
with the Enemy Act. as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alfen Property Cus¬ 
todian after investigation. 

Finding that — 

(1) The property and interests hereinafter 
described are property which is in the process 
of administration by Leonard F. Fuerst, 254 
Court House. Lakeside and Ontario Streets. 
Cleveland, Ohio, Trustee, acting under the 
Judicial supervision of the Common Pleas 
Court of Cuyahoga County, Cleveland, Ohio; 

(2) Such property and interests are pay¬ 
able or deliverable to, or claimed by, nationals 
of a designated enemy country, Rumania, 
namely. 

Nationals and Last Knoum Address 

Martin Henning. Pauca, Transylvania, Ru¬ 
mania. 

George Henning, Pauca, Transylvania, Ru¬ 
mania. 

Katherina Mollnar. Pauca, Transylvania, 

Rumania. 

And determining that— 

(3) If such nationals are persons not 
within a designated enemy country, the na¬ 
tional interest of. the United States requires 
that such persons be treated as nationals of 
a designated enemy country, Rumania; and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive order 
or act or otherwise, and deeming it necessary 
hi the national interest, 

Now, therefore, the. Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, interest and claim of any 
kind or character whatsoever of Martin 

No 27-7 


Henning, George Henning and Katherina 
Mollnar, and each of them, in and to the 
proceeds derived from the sale of real estate 
by a decree of the Court of Common Pleas 
of Cuyahoga County, Ohio, in the partition 
proceedings entitled “John Henning vs. Mar¬ 
tin Henning, et al.. Case No. 527,223,” 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 
States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an 
appropriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of 
the Alien Property Custodian to return 
such property or the proceeds thereof, 
or to indicate that compensation will not 
be paid in lieu thereof, if and when it 
should be determined that such return 
should be made or such compensation 
should be paid. 

Any person, except a national of a 
designated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Custo¬ 
dian a notice of his claim, together with 
a request for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall 
have the meanings prescribed in section 
10 of said Executive order. 

Dated: January 27,1944. 

[seal] Leo T. Crowley, 

Alien Property Custodian. 

fF. R. Doc. 44-1816: Filed, February 7, 1944; 

11:07 a. m.J 


l Vesting Order 3022] 

Anna Horvath 

In re: Estate of Anna Horvath, de¬ 
ceased: File D-34-553; E. T. sec. 6278. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation. 

Finding that— 

(1) The property and interests herein¬ 
after described are property which is in the 
process of administration by Jacob P. Sumer- 
acki, Wayne County Treasurer, Detroit. Mich¬ 
igan, Depositary, acting under the Judicial 
supervision of the Probate Court of the State 
of Michigan, in and for the County of Wayne; 

(2) Such property and interests are pay¬ 
able or deliverable to. or claimed by. a na¬ 
tional of a designated enemy country, Hun¬ 
gary, namely, 

National and Last Known Address 

Mrs. Margaret Horvath Reinek (Mrs. Margit 
Gyorvari), Hungary. 

And determining that— 

(3) If such national is a person not within 
a designated enemy country, the national 
Interest of the United States requires that 
such person be treated as a national of a 
designated enemy country, Hungary; and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive order 


or act or otherwise, and deeming It neces¬ 
sary In the national interest. 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property ancl interests: 

The sum of four dollars and ninety-five 
cents ($4.05) which is in the possession and 
custody of Jacob P. Sumeracki. Wayne County 
' Treasurer. Detroit, Michigan, Depositary, pur¬ 
suant to an order of the t Probate Court for 
the County of Wayne, Michigan, entered on 
May 1, 1941, in the matter of the estate of 
Anna Horvath, deceased; also, all right, title, 
InterestLand claim of any kind or character 
whatsoever of Mrs. Margaret Horvath Reinek 
(Mrs. Margit Gyorvari) in and to the estate 
of Anna Horvath, deceased, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 
States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an 
appropriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall not 
be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof if and when it should 
be determined that such return should 
be made or such compensation should be 
paid. 

Any person, except a national of a des¬ 
ignated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Custo¬ 
dian a notice of his claim, together w ith 
a request for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall have 
the meanings prescribed in section 10 of 
said Executive order. 

Dated: January 27. 1944. 

[seal] Leo T. Crowley, 

Alien Property Custodian. 

IF. R. Doc. 44-1817; Filed, February 7. 1944; 

11:07 a. m.J 


(Vesting Order 30231 
Han go Iwagoshi 

In re: Estate of Hango Iwagoshi, de¬ 
ceased: File D-39-17357; E. T. sec. 9247; 
H-78. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant 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 Arthur E. Restarick, 
Administrator, acting under the judicial su¬ 
pervision of the Circuit Court of the First 
Judicial Circuit, Territory of Hawaii; 

(2) Such property and interests are pay¬ 
able or deliverable to. or claimed by. a na¬ 
tional of a designated enemy country, Japan, 
namely, 

National and Last Known Address 

Fusae Iwagoshi, Japan. 












r * 

FEDERAL REGISTER, Tuesday, February 8, 1944 


1544 


And determining that— 

(3) If such national is a person not within 
a designated enemy country, the national in¬ 
terest of the United States requires that such 
person be treated as a national of a desig¬ 
nated enemy country. Japan; and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive or¬ 
der or act or otherwise, and deeming it nec¬ 
essary in the national interest, 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, interest and claim of any 
kind or character whatsoever of Fusae Iwa- 
goshl in and to the Estate of Hango Iwagoshl, 
deceased. 

to be held, used, administered, liqui¬ 
dated, sold or otherwise dealt with in the 
interest of and for the benefit of the 
United Slates. 

Such property, and any or all of the 
proceeds thereof, shall be held in an 
appropriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it should 
be determined that such return should 
be made or such compensation should 
be paid. 

Any person, except a national of a 
designated enemy country, asserting any 
claim arising as a result of this order, 
may file with the Alien Property Custo¬ 
dian a notice of his claim, together with 
a request for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms ‘‘national” and “designated 
enemy country” as used herein shall 
have the meanings prescribed in section 
10 of said Executive order. 

Dated: January 27, 1944. 

[seal] Leo T. Crowley, 

Alien Property Custodian. 

IF. E. Doc. 44-1818; Filed, February 7. 1944; 

11:07 a. m.J 


[Vesting Order 3024] 
Koh Iwakami 


Nationals and Last Known Address 

Yaeko Iwakami, Japan. 

Junko Iwakami, Japan. 

Kotaro Iwakami. Japan. 

Yoshlko (Toshiko) Iwakami, Japan. 

Taiji Iwakami, Japan. 

And determining that— 

(3) If such nationals are persons not 
within a designated enemy country, the na¬ 
tional Interest of the United States requires 
that such persons be treated as nationals of 
a designated enemy country, Japan; and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive fir- 
der or Jrct or otherwise, and deeming it nec¬ 
essary In the national interest. 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, Interest and claim of any 
kind or character whatsoever of Yaeko Iwa¬ 
kami, Junko Iwakami. Kotaro Iwakami, 
Yoshlko (Toshiko) Iwakami and Taiji Iwa¬ 
kami. and each of them, in and to the Estate 
of Koh Iwakami, deceased, 

to be held, used, administered, liquidated, 
sold-or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 
States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an 
appropriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall not 
be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it should 
be determined that such return should 
be made or such compensation should be 
paid. 

Any person, except a national of a 
designated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Custo¬ 
dian a notice of his claim, together with 
a request for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall have 
the meanings prescribed in section 10 of 
said Executive order. 

Dated: January 27, 1944. 

[seal] Leo T. Crowley, 

Alien Property Custodian. 


In re: Estate of Koh Iwakami. de¬ 
ceased; File F-39-1434; E. T. sec. 9474. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation, 

Finding that— 

(1) The property and interests hereinafter 
described are property which is In the process 
of administration by Masaji Marumoto. Ad¬ 
ministrator. acting under the judicial super¬ 
vision of the Circuit Court of the First 
Judicial Circuit, Territory of Hawaii; 

(2) Such property and interests are pay¬ 
able or deliverable to, or claimed by. nationals, 
of a designated enemy country, Japan, 
namely. 


[F. R. Doc. 44-1819; Filed, February 7, 1944; 
11:07 a. m.J 


[Vesting Order 3025) 

Anna Kuhn 

In re: Estate of Anna Kuhn, deceased; 
File No. D-28-7454; E. T. sec. 7695. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation, 

Finding that— 

(1) Tlie property and interests hereinafter 
described are property which is in the proc¬ 


ess of administration by Robert R. Troyer, 
County Judge of Douglas County. Nebraska, 
Court House, Omaha 2, Nebraska, Depositary, 
acting under the Judicial supervision of the 
County Court of the State of Nebraska, in 
and for the County of Douglas; 

(2) Such property and Interests are pay¬ 
able or deliverable to, or claimed by. na¬ 
tionals of a designated enemy country. Ger¬ 
many, namely. 

Nationals and Last Known Address 

Estate of Louise Aigner, deceased, her 
heirs, executors, administrators, assigns, de¬ 
visees and legatees, Germany. 

And determining that— 

(3) If such nationals are persons not 
within a designated enemy country, the na¬ 
tional Interest of the United States requires 
that such persons be treated as nationals of a 
designated enemy country, Germany; and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive 
order or act or otherwise, and deeming it 
necessary in the national interest. 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests; 

The sum of $465.55 which is in the process 
of administration by, and is in the possession 
and custody of Robert R. Troyer, County 
Judge of Douglas County, Nebraska, deposi¬ 
tary, pursuant to order entered April 21, 1942, 
by the County Court of Douglas County, 
Nebraska, in the matter of the estate of Anna 
Kuhn, deceased. Case No. 27999, Book 59, Page 
379; also all right, title, interest and claim 
of any kind or character whatsoever of the 
estate of Louise Aigner, deceased, her heirs, 
executors, administrators, assigns, devisees 
and legatees, and each of them, in and to 
the estate of Anna Kuhn, deceased, 

to be held, used, administered, liqui¬ 
dated, sold or otherwise 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 an ap¬ 
propriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of 
the Alien Property Custodian to return 
such property or the proceeds thereof, 
or to indicate that compensation will 
not be paid in lieu thereof, if and when 
it should be determined that such re¬ 
turn should be made or such compensa¬ 
tion should be paid. 

Any person, except a national of a 
designated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Cus¬ 
todian a notice of his claim, together 
with a request for a hearing thereon, 
on Form APC-1, within one year from 
the date hereof, or within such further 
time as may be allowed by the Alien 
Property Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall 
have the meanings prescribed in section 
10 of said Executive order. 

Dated; January 27, 1944. 

fsEAL] Leo T. Crowley, 

Alien Property Custodian. 

[F. R. Doc. 44-1820; FUed, February 7. 1944; 

11:07 a. m-l 


/ 








FEDERAL REGISTER, Tuesday, February 8, 1944 


1545 


[Vesting Order 3026] 

John Ladanyi 

In re: Estate of John Ladanyi, de¬ 
ceased; Pile D-34-555; E. T. sec. 6279. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation, 

Finding that— 

(1) The property and interests hereinafter 
described are property which is in the process 
of administration by Jacob P. Sumeracki, 
Wayne County Treasurer, Detroit, Michigan, 
Depositary, acting under the judicial super¬ 
vision of the Probate Court of the State*of 
Michigan, in and for the County of Wayne; 

(2) Such property and interests are pay¬ 
able or deliverable to, or claimed by, na¬ 
tionals of a designated enemy country, Hun¬ 
gary, namely. 

Nationals and Last Known Address 

Gyula (Julius) Ladanyi, Hungary. 

Mrs. Janos (John) Raczkovy, Hungary. 
Jozsef (Joseph) Ladanyi, Hungary. 

And determining that— 

(3) If such nationals are peisons not within 
a designated enemy country, the national in¬ 
terest of the United States requires that such 
persons be treated as nationals of a desig¬ 
nated enemy country, Hungary; and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive order 
or act or otherwise, and deeming it necessary 
in the national interest. 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

The sum of $3,064.08 which is in the 
possession and custody of the County Treas¬ 
urer of Wayne County, Michigan. Depositary, 
pursuant to an order pf the Probate Court 
for the County of Wayne, Michigan, entered 
on April 28, 1942, in the matter of the estate 
of John Ladanyi, deceased; also, all right, 
title, interest and claim of any kind or 
character whatsoever of Gyula (Julius) 
Ladanyi, Mrs. Janos (John) Raczkovy and 
Jozsef (Joseph) Ladanyi, and each of them, in 
and to the estate of John Ladanyi, deceased. 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 

States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an ap¬ 
propriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it 
should be determined that such return 
should be made or such compensation 
should be paid. 

Any person, except a national of a 
designated enemy country, asserting any 
claim arising as a result of this order 
niay file with the Alien Property Custo¬ 
dian a notice of his claim, together with 
a request for a hearing thereon, on Form 
APC-l, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall have 


the meanings prescribed in section 10 of 
said Executive order. 

Dated: January 27,1944. 

[ seal ] Leo T. Crowley, 

Alien Property Custodian . 

[F. R. Doc. 44-1821; FUed. February 7, 1944; 
11:08 a. m.] 


[Vesting Order 3027] 

Rose Roth May 

In re: Estate of Rose Roth May. de¬ 
ceased; File F-28-4714; E. T. sec. 8952; 
H-18. , 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation, 

Finding that— 

(1) The property and interests hereinafter 
described arc property which is in the process 
of administration by the Hawaiian Trust 
Company, Ltd., Executor, acting under the 
Judicial supervision of the Circuit Court of 
the First Judicial Circuit, Territory of 
Hawaii; 

(2) Such, property and interests are payable 
or deUverable to, or claimed by, nationals of 
a designated enemy country, Germany, 
namely, 

Nationals and Last Known Address 

Enid Rose May Poszich or her issue, Ger¬ 
many. 

And determining that— 

(3) If such nationals are persons not within 
a designated enemy country, the national in¬ 
terest of the United States requires that such 
persons be treated as nationals of a desig¬ 
nated enemy country. Germany; and 

Having made all determinations aqd taken 
all action, after appropriate consultation and 
certification, required by eald Executive order 
or act or otherwise, and deeming it necessary 
in the national interest, 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, interest and claim of any 
kind or character whatsoever of Enid Rose 
May Poszich or her issue, and each of them, 
in and to the Estate of Rose Roth May, 
deceased, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the in¬ 
terest of and for the benefit of the 
United States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an ap¬ 
propriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it 
should be determined that such return 
should be made or such compensation 
should be paid. 

Any person, except a national of a des¬ 
ignated enemy country, asserting any 
claim arising a* a result of this order 
may file with the Alien Property Custo¬ 
dian a notice of his claim, together with 
a request for a hearing thereon, on Form 
APC-l, within one year from the date 
hereof, or within such further time as 


may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall 
have the meanings prescribed in section 
10 of said Executive order. 

Dated: January 27, 1944. 

[ seal ] Leo T. Crowley, 

Alien Property Custodian . 

[F. R. Doc. 44-1822; Filed, February 7, 1944; 
11:08 a. m.| 


[Vesting Order 3028[ 

Fujio, Leslie T., and Asaki Muranaka 

In re: Guardianship Estate of Fujio 
Muranaka, Leslie T. Muranaka and Asaki 
Muranaka. minors; File D-66-1444; E. T. 
sec. 9248; H-101. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation, 

Finding that— 

(1) The property and interests herein¬ 
after described are property which is in the 
process of administration by John D. Texeira, 
Guardian of the estate of Fujio Muranaka, 
Leslie T. Muranaka and Asaki Muranaka, 
Minors, acting under the Judicial supervision 
of the Circuit Court of the Fifth Circuit, 
Territory of Hawaii; 

(2) Such property and interests are pay¬ 
able or deliverable to, or claimed by, nationals 
of a designated enemy country, Japan, 
namely, 

Nationals and Last Known Address 

Fujio Muranaka. Japan. 

Leslie T. Muranaka. Japan. 

And determining that— 

(3) If such nationals are persons not 
within a designated enemy country, the na¬ 
tional interest of the United States requires 
that such persons be treated as nationals of a 
designated enemy country, Japan; and 

Having made all determinations and taken all 
action, after appropriate consultation and 
certification, required by said Executive order 
or act or otherwise, and deeming It necessary 
in the national interest, 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title. Interest and claim of any 
kind or character whatsoever of Fujio Muran¬ 
aka and Leslie T. Muranaka, and each of 
them, in and to the Guardianship Estate of 
Fujio Muranaka, Leslie T. Muranaka and 
Asaki Muranaka, Minors, in the possession 
of John D. Texeira, Guardian, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the in¬ 
terest of and for the benefit of the United 
States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an 
appropriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it 
should be determined that such return 
should be made or such compensation 
should be paid. 









1546 


FEDERAL REGISTER, Tuesday , February 8, 1944 


Any person, except a national of a 
designated enemy country, asserting any 
claim arising as a result of this order may 
fiie, with the Alien Property Custodian 
a notice of his claim, together with a 
request for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall have 
the meanings prescribed in section 10 
of said Executive order. 

Dated: January 27.1944. 

I seal] Leo T. Crowley, 

Alien Property Custodian. 

IF. R. Doc. 44-1823; Filed, February 7, 1944; 

11:08 a. m.) 


| Vesting Order 3029] 

Henry Schroeder 

In re: Estate of Henry Schroeder, de¬ 
ceased: File D-28-3961; E. T. sec. 6846. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant 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 A. P. Baumann, 11 
East Main Street. Chilton, Wisconsin. Admin¬ 
istrator with Will Annexed, acting under the 
Judicial supervision of the Calumet County 
Court, State of Wisconsin; 

(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 and Last Known Address 

Ernst Schroeder, Gehnany. 

And determining that— 

(3) If such national is a person not within 
a designated enemy country, the national 
interest of the United States requires that 
6uch person be treated as a national of a 
designated enemy country, Germany; and 

Having made all determinations and taken all 
action, after appropriate consultation and 
cSVtiflcation. required by said Executive order 
or act or otherwise, and. deeming It necessary 
in the national interest, 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, Interest and claim of any 
kind or character whatsoever of Ernst Schroe¬ 
der. in and to the estate of Henry Schroeder, 
deceased; also, 

Real estate consisting of the decedent’s 
homestead described as: 

Lot nine (9) of Ostenfeldt’s second addi¬ 
tion, Block 4. S. W. S. E. % of section 10, 
Township seventeen (17), North Range (20), 
East of City of New Holstein, County of Calu¬ 
met, Wisconsin; together with all the fixtures, 
improvements and the appurtenances 
thereto, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 
States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an ap¬ 
propriate special account or accounts, 


pending further determination of the 
Alien Property Custodian. This shall not 
be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it should 
be determined that such return should 
be made or such compensation should be 
paid. 

Any person, except a national of a des¬ 
ignated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Custo¬ 
dian a notice of his claim, together with 
a request for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country”^ used herein shall have 
the meanings prescribed in section 10 of 
said Executive order. 

Dated: January 27, 1944. 

I seal! Leo T. Crowley, 

Alieri Property Custodian . 

|F. R. Doc. 44-1824; Filed, February 7, 1944; 

11:08 a. m.J 


(Vesting Order 3030] 

Sophie E. Schroeder 

In re: Estate of Sophie E. Schroeder, 
deceased; File D-19-30; E. T. sec. 429. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation. 

Finding that— 

(1) The property and interests hereinafter 
described are property which is in the process 
of administration by the First Bank and Trust 
Company. 800 Washington Avenue, Cairo, 
Illinois. Executor, acting under the judicial 
supervision of the County Court of the State 
of Illinois, in and for the County of Pulaski; 

(2) Such property and interests are pay¬ 
able or deliverable to. or claimed by. nationals 
of a designated enemy country. Germany, 
namely. 

Nationals and Last Knoum Address 

Christine Krieger, Germany. 

Andreas Schroeder, Germany. 

Margarethe J. Wilheml, Germany. 

And determining that— 

(3) If such nationals are persons not 
within a designated enemy country, the na¬ 
tional interest of the United States requires 
that such persons be treated as nationals of 
a designated enemy country, Germany; and 

Having made all determinations and taken all 
action, after appropriate consultation and 
certification, required by said Executive order 
or act or otherwise, and deeming It necessary 
In the national interest. 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, interest and claim of any 
kind or character whatsoever of Christine 
Krieger. Andreas Schroeder and Margarethe 
J. Wilheml, and each of them, in and to the 
estate of Sophie E. Schroeder, deceased, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 
States. 


Such property, and any or all of the 
proceeds thereof, shall lie held in an 
appropriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of 
the Alien Property Custodian to return 
such property or the proceeds thereof, 
or to indicate that compensation will 
not be paid in lieu thereof, if and when 
it should be determined that such return 
should be made or such compensation 
should be paid. 

Any person, except a national of a 
designated enemy country, asserting 
any claim arising as a result of this 
or<fer may file with the Alien Property 
Custodian a notice of his claim, together 
with a request for a hearing thereon, 
on Form APC-1, within one year from 
the date hereof, or within such further 
time as may be allowed by the Alien 
Property Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall 
have the meanings prescribed in section 
10 of said Executive order. 

Dated: January 27, 1944. 

FsealJ Leo T. Crowley. 

Alien Property Custodian. 

(F. R. Doc. 44-1825; Filed. February 7, 1944; 

11:08 a. m.) 


(Vesting Order 3033] 

Max Gabler 

In re: Estate of Max Gabler, deceased; 
File D-28-2184; E. T. sec. 2862. 

Under the authority of the Trading 
with the Enemy Act. as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation, 

Finding that— 

(1) The property and interests herein¬ 
after described are property which is in the 
process of administration by the First 
National Bank in Oshkosh, 130 Main Street, 
Oshkosh, Wisconsin, Executor, acting under 
the Judicial supervision of the County Court 
of Winnebago County, Oshkosh, Wisconsin: 

(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 and Last Known Address 

Anna Kramer, Germany. 

And determining that— 

(3) If such national Is a person not with¬ 
in a designated enemy country, the national 
interest of the United States requires that 
such a person be treated as a national of a 
designated enemy country, Germany; and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive or¬ 
der or act or otherwise, and deeming it nec¬ 
essary in the national interest, 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, interest and claim of any 
kind or character whatsoever of Anna 
Kramer, in and to the estate of Max Gabler, 
deceased, 

to be held, used, administered, liqui¬ 
dated, sold or otherwise dealt with in 










FEDERAL REGISTER, Tuesday , February 8, 1944 


1547 



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 an 
appropriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of 
the Alien Property Custodian to return 
such property or the proceeds thereof, 
or to indicate that compensation will 
not be paid in lieu thereof, if and when 
it should be determined that such re¬ 
turn should be made or such compensa¬ 
tion should be paid! 

Any person, except a national of a 
designated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Cus¬ 
todian a notice of his claim, together 
with a request for a hearing thereon, on 
Form APC-1, within one year from the 
date hereof, or within such further time 
as may be allowed by the Alien Prop¬ 
erty Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall have 
the meanings prescribed in section 10 
of said Executive order. 

Dated: January 28, 1944. 

[seal] Leo T. Crowley, 

Alien Property Custodian. 

IP. R. Doc. 44-1826; FUed, February 7, 1944; 

11:08 a. m.j 




[Vesting Order 30341 
Babette Orth 

In re: Estate of Babette Orth, de¬ 
ceased; Pile D-28-3870; E. T. sec. 6612. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation, 

Finding that— 

(1) The property and interests hereinafter 
described are property which is in the process 
of administration by George J. Wyers, 818 
Olive Street, St. Louis, Missouri. Adminis¬ 
trator, acting under the Judicial supervision 
of the Probate Court of the State of Missouri, . 
in and for the City of St. Louis; 

(2) Such property and interests are pay¬ 
able or deliverable to. or claimed by. nationals 
of a designated enemy country, Germany, 
namely, 

Nationals and Last Known Address 

Franz Kachel, Germany. 

Alfred Kachel. Germany. 

Ernst Leininger, Germany. 

Auguste L. Feinels, Germany. 

And determining that— 

(3) If such nationals are persons not with¬ 
in a designated enemy country, the national 
interest of the United States requires that 
such persons be treated as nationals of a 
designated enemy country, Germany; and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive order 
or act or otherwise, and deeming it necessary 
in the national interest, 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and Interests; 

All right, title. Interest and claim of any 
kind or character whatsoever of Franz Kachel, 
Alfred Kachel, Ernst Leininger and Auguste 


L. Felneis, and each of them, in and to the 
estate of Babette Orth, deceased, 

to be held, used, administered, liqui¬ 
dated, sold or otherwise 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 an 
appropriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall 
not be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it 
should be determined that such return 
should be made or such compensation 
should be paid. 

Any person, except a national of a 
designated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Cus¬ 
todian, a notice of his claim, together 
with a request fqr a hearing thereon, on 
Form APC-1, within one year from the 
date hereof, or within such further time 
as may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall 
have the meanings prescribed in section 
10 of said Executive order. 

Dated: January 28, 1944. 

TsealI Leo T. Crowley. 

Alien Property Custodian. 

[F. R. Doc. 44-1827; Filed. February 7, 1944; 

11:08 a. m.) 


[Vesting Order 3035] 

Philip Schuster 

In re: Estate of Philip Schuster, de¬ 
ceased; File D-57-272; E. T. sec. 7045. 

Under the authority, of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation. 

Finding that— 

(1) The property and interests herein¬ 
after described are property which is in the 
process of administration by Raymond 
Schuster and Betty Schaffer, as Executors, 
acting under the judicial supervision of the 
Surrogate's Court, Bronx County, New York; 

(2) Such property and interests are paya¬ 
ble or deliverable to, or claimed by. nationals 
of a designated enemy country, Roumanla, 
namely, 

Natiojials and Last Known Address 

Yankel Schuster, Bessarabia. 

Schmuel Schuster, Bessarabia. 

And determining that— 

(3) Yankel Schuster and Schmuel Schuster, 
citizens or subjects of a designated enemy 
country, Roumanla, and within an enemy- 
occupied area, Bessarabia, are nationals of a 
designated enemy country, Roumanla; 

(4) If such nationals are persons not within 
a designated enemy country, the national 
Interest of the United States requires that 
such persons be treated as nationals of a des¬ 
ignated enemy country, Roumanla; and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive or¬ 
der or act or otherwise, and deeming it 
necessary in the national interest. 


Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, interest and claim of any 
kind or character whatsoever of Yankel 
Schuster and Schmuel Schuster, and each of 
them, in and to the estate of Philip Schuster, 
deceased, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 
States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an ap¬ 
propriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall not 
be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it should 
be determined that such return should 
be made or such compensation should be 
paid. 

Any person, except a national of a des¬ 
ignated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Custo¬ 
dian a notice of his claim, together with 
a request for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national** and “designated 
enemy country” as used herein shall have 
the meanings prescribed in section 10 of 
said Executive order. 

Dated: January 28, 1944. 

[ seal 1 Leo T. Crowley, 

Alien Property Custodian. 

[F. R. Doc. 44-1828; Filed, February 7. 1944; 

11:09 a. m.J 


[Vesting Order 3036] 

Rosenberg Library Assn, et al. 

In re: Partition proceedings: Rosen¬ 
berg Library Association, et al., vs. The 
Sealy & Smith Foundation for the John 
Sealy Hospital, et al.; File D-28-6653; 
E. T. sec. 4882. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law, the Alien Property Cus¬ 
todian after investigation, 

Finding that— 

(1) The property and interests herein¬ 
after described are property which is in the 
process of administration by the Clerk of 
the District Court. Galveston County. Texas, 
for the Tenth Judicial District, Depositary, 
acting under the Judicial supervision of the 
District Court of Galveston County, Texas, 
for the Tenth Judicial District; 

(2) Such property and interests are pay¬ 
able or deliverable to, or claimed by, nationals 
of a designated enemy country, Germany, 
namely. 

Nationals and Last Known Address 

Freda Kauffman, Germany. 

Johannes Tidemann. Germany. 

Herman Wilhelm Runge, and Johanna 
Runge, Ge/many. 

Person or persons, names unknown, heirs 
and assigns of Freda Kauffman, Johannes 
Tidemann, Herman Wilhelm Runge and 
Johanna Runge, Germany. 











1548 FEDERAL REGISTER, Tuesday, February 


And determining that— 

(3) If such nationals are persons not 
within a designated enemy country, the na¬ 
tional interest of the United States requires 
that such persons be treated as nationals 
of a designated enemy country, Germany; 
and 

Having made all determinations and taken 
all action, after appropriate consultation and 
certification, required by said Executive or¬ 
der or act or otherwise, and deeming It nec¬ 
essary in the national interest. 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title, interest, and claim of any 
kind or character whatsoever of Freda Kauff¬ 
man, her heirs and assigns, Johannes Tide- 
mann. his heirs and assigns, Herman Wilhelm 
Runge and Johanna Runge. their heirs and 
assigns, and each of them, in and to the pro¬ 
ceeds derived from the sale of the real estate 
involved in partition proceedings entitled 
“Rosenberg Library Association.'et al. vs. The 
Sealy & Smith Foundation for the John 
Sealy Hospital, et al“. being Cause No. 60.368, 
pending in the District Court of Galveston 
County. Texas, for the Tenth Judicial Dis¬ 
trict, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 
States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an 
appropriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall not 
be deemed to limit the powers of the 
Alien Property Custodian to return such 
property or the proceeds thereof, or to 
indicate that compensation will not be 
paid in lieu thereof, if and when it should 
be determined that such return should be 
made or such compensation should be 
paid. 

Any person, except a national of a des¬ 
ignated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Cus¬ 
todian a notice of his claim, together 
with a request for a hearing thereon, on 
Form APC-1, within one year from the 
date hereof, or within such further time 
as may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall have 
the meanings prescribed in section 10 of 
said Executive order. 

Dated: January 28,1944. 

[seal! Leo T. Crowley. 

Alien Property Custodian . 

|F. R. Doc. 44-1829; Filed, February 7, 1944; 

11:09 a. m.l 


I Vesting Order 3037] 

Bruno Schybilsky 

In re: Estate of Bruno Schybilsky, also 
known as George Schmidt, deceased;. 
File D-55-544; E. T. sec. 6433. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order 9095, as amended, and 
pursuant to law. the Alien Property Cus¬ 
todian after investigation. 

Finding that— 

(1) The property and interests herein¬ 
after described are property which is in the 


process of administration by Kate Elsemann, 
as Administratrix, acting under the Judicial 
supervision of the Middlesex County Or¬ 
phans’ Court, New Brunswick. 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, 

Nationals and Last Known Address 

Hannah Morris, Germany. 

Stephanie Schybilsky, Germany. 

And determining that— 

(3) If such national are persons not within 
a designated enemy country, the national in¬ 
terest of the United States requires that such 
persons be treated as nationals of a desig¬ 
nated enemy country, Germany; and 

Having made all determinations and taken all 
action, after appropriate consultation and 
certification, required by said Executive order 
or act or otherwise, and deeming it necessary 
in the national interest. 

Now, therefore, the Alien Property 
Custodian hereby vests the following 
property and interests: 

All right, title. Interest and claim of any 
kind or character whatsoever of Hannah 
Morris and Stephanie Schybilsky. and each of 
them, m and to the estate of Bruno Schybil¬ 
sky, also known as George Schmidt, deceased, 

to be held, used, administered, liquidated, 
sold or otherwise dealt with in the inter¬ 
est of and for the benefit of the United 
States. 

Such property, and any or all of the 
proceeds thereof, shall be held in an ap¬ 
propriate special account or accounts, 
pending further determination of the 
Alien Property Custodian. This shall not 
be deemed to limit the powers of the Alien 
Property Custodian to return such prop¬ 
erty or the proceeds thereof, or to indi¬ 
cate that compensation will not be paid 
in lieu thereof, if and when it should be 
determined that such return should be 
made or such compensation should be 
paid. 

Any person, except a national of a des¬ 
ignated enemy country, asserting any 
claim arising as a result of this order 
may file with the Alien Property Cus¬ 
todian a notice of his claim, together with 
a request for a hearing thereon, on Form 
APC-1, within one year from the date 
hereof, or within such further time as 
may be allowed by the Alien Property 
Custodian. 

The terms “national” and “designated 
enemy country” as used herein shall have 
the meanings prescribed in section 10 of 
said Executive order. 

Dated: January 28,1944. 

[seal] Leo T. Crowley, 

Alien Property Custodian . 

(F. R. Doc. 44-1830; Filed. February 7. 1944; 
11:09 a. m.J 


OFFICE OF DEFENSE TRANSPORTA¬ 
TION. 

[Supp. Order ODT 3. Rev. 166 J 
Common Carriers 

COORDINATED OPERATIONS BETWEEN DETROIT 
AND HOWELL, MICH. 

Upon consideration of a plan for Joint 
action filed with the Office of Defense 


8, 1944 

Transportation by Interstate Motor 
Freight System, Grand Rapids, Michigan, 
and W. Ford Johnson, doing business as 
W. Ford Johnson Cartage, Howell. Mich¬ 
igan, to facilitate compliance with the 
requirements and purposes of General 
Order ODT 3, Revised, as amended (7 
F.R. 5445, 6689, 7694: 8 F.R. 4660, 14582; 

9 F.R. 947), a copy of which plan is at¬ 
tached hereto as Appendix l, 1 and 

It appearing that the proposed coor¬ 
dination of operations is necessary in 
order to assure maximum utilization of 
the facilities, services, and equipment, 
and to conserve and providently utilize 
vital equipment, materials, and supplies, 
of the carriers, and to provide for the 
prompt and continuous movement of 
necessary traffic, the attainment of 
which purposes is essential to the suc¬ 
cessful prosecution of the war* It is here¬ 
by ordered , That: 

1. The plan for joint action above re¬ 
ferred to is hereby approved and the car¬ 
riers are directed to put the plan in oper¬ 
ation forthwith, subject to the following 
provisions, which shall supersede any 
provisions of such plan that are in con¬ 
flict therewith. 

2. Each of the carriers forthwith shall 
file a copy of this order with the appro¬ 
priate regulatory body or bodies having 
jurisdiction over any operations affected 
by this order, and likewise shall file, and 
publish in accordance with law, and con¬ 
tinue in effect until further order, tariffs 
or supplements to filed tariffs, setting 
forth any changes in rates, charges, op¬ 
erations, rules, regulations and practices 
of the carrier which may be necessary to 
accord with the provisions of this order 
and of such plan; and forthwith shall 
apply to such regulatory body or bodies 
for special permission for such tariffs or 
supplements to become effective on the 
shortest notice lawfully permissible, but 
not prior to the effective date of this 
order. 

3. Whenever transportation service is 
performed by one carrier in lieu of serv¬ 
ice by another carrier, by reason of a 
diversion, exchange, pooling, or similar 
act made or performed pursuant to the 
.plan for joint action hereby approved, 
the rates, charges, rules, and regulations 
governing such service shall be those 
that would have applied except for such 
diversion, exchange, pooling, or other act. 

4. The provisions of this order shall 
not be so construed or applied as to re¬ 
quire any carrier subject hereto to per¬ 
form any service beyond its transporta¬ 
tion capacity, or to authorize or-require 
any act or omission which is in violation 
of any law or regulation, or to permit 
any carrier to alter its legal liability to 
any shipper. In the event that com¬ 
pliance with any term of this order, or 
effectuation of any provision of such 
plan, would conflict with, or would not 
be authorized under, the existing inter¬ 
state or intrastate operating authority 
of any carrier subject hereto, such car¬ 
rier forthwith shall apply to the appro¬ 
priate regulatory body or bodies for the 
granting of such operating authority as 
may be requisite to compliance with the 
terms of this order, and shall prosecute 


1 Filed as part of the original document. 










FEDERAL REGISTER, Tuesday , February 8, 1944 


1549 


such application with all possible dil¬ 
igence. The coordination of operations 
directed by this order shall be subject to 
the carriers’ possessing or obtaining the 
requisite operating authority. 

5. All records of the carriers pertain¬ 
ing to any transportation performed 
pursuant to this order and to the pro¬ 
visions of such plan shall be kept avail¬ 
able for examination and inspection at 
all reasonable times by accredited 
representatives of the Office of Defense 
Transportation. 

6. The plan for joint action hereby 
approved and all contractual arrange¬ 
ments made by the carriers to effectuate 
the plan shall not continue in operation 
beyond the effective period of this order. 

7. Communications concerning this 
order should refer to "Supplementary 
Order ODT 3. Revised 166,” and, unless 
otherwise directed, should be addressed 
to the Division of Motor Transport, Office 
of Defense Transportation, Washington, 
D. C. 

This order shall become effective Feb¬ 
ruary 11, 1944, and shall remain in full 
force and effect until the termination 
of the present war shall have been duly 
proclaimed, or until such earlier time as 
the Office of Defense Transportation by 
further order may designate. 

Issued at Washington, t). C.. this 7th 
day of February. 1944. 

Joseph B. Eastman, 
Director, 

Office of Defense Transportation. 

|F. R. Doc. 44-1805; Filed. February 7. 1944; 

10:51 a. m.l 


(Supp. Order ODT 3. Rev. 167] 
Common Carriers 

COORDINATED OPERATIONS BETWEEN POINTS 

IN NEW JERSEY, NEW YORK, AND PENNSYL¬ 
VANIA 

Upon consideration of a plan for joint 
action filed with the Office of Defense 
Transportation by Needham’s Motor 
Service, Inc., Philadelphia, Pennsylvania, 
and Paul S. Whitescarver, doing business 
as Whitescarver Transportation, Newark, 
New Jersey, to facilitate compliance 
with the requirements and purposes of 
General Order ODT 3, Revised, as 
amended (7 F.R. 5445, 6639. 7604; 8 F.R. 
4660, 14582; 9 F.R. 947), a copy of which 
plan is attached hereto as Appendix l, 1 
and 

It appearing that the proposed coordi¬ 
nation of operations is necessary in order 
to assure maximum utilization of the 
facilities, services, and equipment, and 
to conserve and providently utilize vital 
equipment, materials, and supplies, of 
the carriers, and to provide for the 
prompt and continuous movement of 
necessary traffic, the attainment of 
which purposes is essential to the suc¬ 
cessful prosecution of the war, It is 
hereby ordered, That: 

1. The plan for joint action above re¬ 
ferred to is hereby approved and the car¬ 
riers are directed to put the plan in 


1 Filed as part of the original document. 


operation forthwith, subject to the fol¬ 
lowing provisions, which shall supersede 
any provisions of such plan that are in 
conflict therewith. 

2. Each of the carriers forthwith shall 
file a copy of this order with the appro¬ 
priate regulatory body or bodies having 
jurisdiction over any operations affected 
by this order, and likewise shall file, and 
publish in accordance with law, and con¬ 
tinue in effect until further order, tariffs 
or supplements to filed tariffs, setting 
forth any changes in rates, charges, op¬ 
erations, rules, regulations, and practices 
of the carrier which may be necessary to 
accord with the provisions of this order 
and of such plan; and forthwith shall 
apply to such regulatory body or bodies 
for special permission for such tariffs or 
supplements to become effective on the 
shortest notice lawfully permissible, but 
not prior to the effective date of this 
order. 

3. Whenever transportation service is 
performed by one carrier in lieu of serv¬ 
ice by another carrier, by reason of a 
diversion, exchange, pooling, or similar 
act made or peformed pursuant to the 
plan for joint action hereby approved, 
the rates, charges, rules, and regulations 
governing such service shall be those 
that would have applied except for such 
diversion, exchange, pooling, or other 
act. 

4. The provisions of this order shall 
not be so construed or applied as to re¬ 
quire any carrier subject hereto to per¬ 
form any service beyond its transporta¬ 
tion capacity, or to authorize or require 
any act or omission which is in violation 
of any law or regulation, or to permit any 
carrier to alter its legal liability to any 
shipper. In the event that compliance 
with any term of this order, or effectua¬ 
tion of any provision of such plan, would 
conflict with, or would not be authorized 
under, the existing interstate or intra¬ 
state operating authority of any carrier 
subject hereto, such carrier forthwith 
shall apply to the appropriate regulatory 
body or bodies for the granting of such 
operating authority as may be requisite 
to compliance with the terms of this 
order, and shall prosecute such applica¬ 
tion with all possible diligence. The co¬ 
ordination of operations directed by this 
order shall be subject to the carriers* 
possessing or obtaining the requisite op¬ 
erating authority. . 

5. All records of the carriers pertain¬ 
ing to any transportation performed pur¬ 
suant to this order and to the provisions 
of such plan shall be kept available for 
examination and inspection at all reason¬ 
able times by accredited representatives 
of the Office of Defense Transportation. 

6. The plan for joint action hereby 
approved and all contractual arrange¬ 
ments made by the carriers to effectuate 
the plan shall not continue in operation 
beyond the effective period of this order. 

7. Communications concerning this 
order should refer to "Supplementary 
Order ODT 3, Revised-167,” and, unless 
otherwise directed, should be addressed 
to the Division of Motor Transport, Of¬ 
fice of Defense Transportation, Wash¬ 
ington, D. C. 


This order shall become effective Feb¬ 
ruary 11, 1944, and shall remain in full 
force and effect until the termination of 
the present war shall have been duly 
proclaimed, or until such earlier time as 
the Office of Defense Transportation by 
further order may designate. 

Issued at Washington, D. C., this 7th 
day of February 1944. 

Joseph B. Eastman, 

Director, 

Office of Defense Transportation . 

[F. R. Dec. 44—1806; FUed. February 7, 1944; 

10:51 a. m.] 


ISupp. Order ODT 3, Rev. 1681 
Common Carriers 

COORDINATED OPERATIONS BETWEEN SAN AN¬ 
TONIO AND EL PASO, TEX. 

Upon consideration of a plan for joint 
action filed with the Office of Defense 
Transportation by English Freight Com¬ 
pany, a corporation, Dallas, Texas, and 
Alamo Freight Lines, Inc., San Antonio. 
Texas, to facilitate compliance with the 
requirements and purposes of General 
Order ODT 3, Revised, as amended (7 
F.R. 5445. 6639, 7694; 8 F.R. 4660,14582, 
9 F.R. 947), a copy of which plan is at¬ 
tached hereto as Appendix l, 1 and 

It appearing that the proposed coor¬ 
dination of operations is necessary in 
order to assure maximum utilization of 
the facilities, services, and equipment, 
and to conserve and providently utilize 
vital equipment, materials, and supplies 
of the carriers, and to provide for the 
prompt and continuous movement of 
necessary traffic, the attainment of 
which purposes is essential to the suc¬ 
cessful prosecution of the war, It is 
hereby ordered, That: 

1. The plan for joint action above 
referred to is hereby approved and the 
carriers are directed to put the plan in 
operation forthwith, subject to the fol¬ 
lowing provisions, which shall supersede 
any provisions of such plan that are in 
conflict therewith. 

2. Each of the carriers forthwith shall 
file a copy of this order with the appro¬ 
priate regulatory body or bodies having 
jurisdiction over any operations affected 
by this order, and likewise shall file, and 
publish in accordance with law, and con¬ 
tinue in effect until further order, tariffs 
or supplements to filed tariffs, setting 
forth and changes in rates, charges, op¬ 
erations, rules, regulations, and practices 
of the carrier which may be necessary to 
accord with the provisions of this order 
and of such plan; and forthwith shall 
apply to such regulatory body or bodies 
for special permission for such tariffs or 
supplements to become effective on the 
shortest notice lawfully permissible, but 
not prior to the effective date of this 
order. 

3. Whenever transportation service is 
performed by one carrier in lieu of serv¬ 
ice by another carrier, by reason of a 
diversion, exchange, pooling, or similar 
act made or performed pursuant to the 
plan for joint action hereby approved, 
the rates, charges, rules, and regulations 











1550 


FEDERAL REGISTER, Tuesday , February 8, 1944 


governing such service shall be those that 
would have applied except for such diver¬ 
sion, exchange, pooling, or other act. 

4. The provisions of this order shall 
not be so construed or applied as to 
require any carrier subject hereto to 
perform any service beyond its trans¬ 
portation capacity, or to authorize or 
require any act or omission which is in 
violation of any law or regulation, or to 
permit any carrier to alter its legal 
liability to any shipper. In the event 
that compliance with any term of this 
order, or effectuation of any provisions of 
such plan, would conflict with, or would 
not be authorized under, the existing in¬ 
terstate or intrastate operating authority 
of any carrier subject hereto, such car¬ 
rier forthwith shall apply to the appro¬ 
priate regulatory body or bodies for the 
granting of such operating authority as 
may be requisite to compliance with the 
terms of this order, and shall prosecute 
such application with all possible dili¬ 
gence. The coordination of operations 
directed by this order shall be subject to 
the carriers’ possessing or obtaining the 
requisite operating authority. 

5. All records of the carriers pertain¬ 
ing to any transportation performed 
pursuant to this order and to the pro¬ 
visions of such plan shall be kept avail¬ 
able for examination and inspection at 
all reasonable times by accedited repre¬ 
sentatives of the Office of Defense 
Transportation. 

6. The plan for joint action hereby ap¬ 
proved and all contractual arrangements 
made by the carriers to effectuate the 
plan shall not continue in operation be¬ 
yond the effective period of this order. 

7. Communications concerning this 
order should refer to “Supplementary 
Order ODT 3, Revised-168,’' and, unless 
otherwise directed, should be addressed 
to the Division of Motor Transport, Of¬ 
fice of Defense Transportation, Wash¬ 
ington, D. C. 

This order shall become effective Feb¬ 
ruary 11, 1944, and shall remain in full 
force and effect until the termination of 
the present war shall have been duly 
proclaimed, or until such earlier time as 
the Office of Defense Transportation by 
further order may designate. 

Issued at Washington, D. C., this 7th 
day of February 1944. 

Joseph B. Eastman, 
Director, 

Office of Defense Transportation. 

|F. R. Doc. 44-1807; Filed, February 7, 1944; 

10:51 a. m.J 


|Supp. Order ODT 3, Rev. 169] 
Common Carriers 

COORDINATED OPERATIONS BETWEEN POINTS 
IN NEW YORK 

Upon consideration of a plan for joint 
action filed with the Office of Defense 
Transportation by Albert P. Schmidt and 
Joseph C. Schmidt, doing business as 
Schmidt Trucking Co., Blue Point, New 
York, and Reich Brothers Long Island 
Motor Freight, Inc., Patchogue. New 
York, to facilitate compliance with the 
requirements and purposes of General 
Order ODT 3, Revised, as amended (7 


F.R. 5445, 6689, 7694; 8 F.R. 4660, 14582; 
9 F.R. 947), a copy of which plan is at¬ 
tached heerto as Appendix l, 1 and 

It appearing that the proposed coor¬ 
dination of operations is necessary in 
order to assure maximum utilization of 
the facilities, services, and equipment, 
and to conserve and providently utilize 
vital equipment, materials, and supplies, 
of the carriers, and to provide for the 
prompt and continuous movement of 
necessary traffic, the attainment of 
which purposes is essential to the suc¬ 
cessful prosecution of the war, It is here - 
by ordered. That: 

1. The plan for joint action above re¬ 
ferred to is hereby approved and the car¬ 
riers are directed to put the plan in 
operation forthwith, subject' to the fol¬ 
lowing provisions, which shall supersede 
any provisions of such plan that are in 
conflict therewith. 

2. Each of the carriers forthwith shall 
file a copy of this order with the appro¬ 
priate regulatory body or bodies having 
jurisdiction over any operations affected 
by this order, and likewise shall file, and 
publish in accordance with law. and con¬ 
tinue in effect until further order, tariffs 
or supplements to filed tariffs, setting 
forth any changes in rates, charges, op¬ 
erations, rules, regulations, and practices 
of the carrier which may be necessary to 
accord with the provisions of this order 
and of such plan; and forthwith shall 
apply to such regulatory body or bodies 
for special permission for such tariffs or 
supplements to become effective on the 
shortest notice lawfully permissible, but 
not prior to the effective date of this 
order. 

3. Whenever transportation service is 
performed by one carrier in lieu of serv¬ 
ice by another carrier, by reason of a 
diversion, exchange, pooling, or similar 
act made or performed pursuant to the 
plan for joint action hereby approved, 
the rates, charges, rules, and regulations 
governing such service shall be those that 
would have applied except for such di¬ 
version, exchange, pooling, or other act. 

4. The provisions of this order shall 
not be so construed or applied as to re¬ 
quire any carrier subject hereto to per¬ 
form any service beyond its transporta¬ 
tion capacity, or to authorize or re¬ 
quire any act or omission which is in 
violation of any law or regulation, or 
to permit any carrier to alter its legal 
liability to any shipper. In the event 
that compliance with any term of this 
order, or effectuation of any provision 
of such plan, would conflict with, or 
would not be authorized under, the ex¬ 
isting interstate or intrastate operating 
authority of any carrier subject hereto, 
such carrier forthwith shall apply to the 
appropriate regulatory body or bodies 
for the granting of such operating au¬ 
thority as may be requisite to compli¬ 
ance with the terms of this order, and 
shall prosecute such application with all 
possible diligence. The coordination of 
operations directed by this order shall 
be subject to the carriers’ possessing or 
obtaining the requisite operating au¬ 
thority. 

5. All records of the carriers pertain¬ 
ing to any transportation performed 

1 Filed as part of the original document. 


pursuant to this order and to the pro¬ 
visions of such plan shall be kept avail¬ 
able for examination and inspection at 
all reasonable times by accredited rep¬ 
resentatives of the Office of Defense 
Transportation. 

6. The plan for joint action hereby 
approved and all contractual arrange¬ 
ments made by the carriers to effectuate 
the plan shall not continue in opera¬ 
tion beyond the effective period of this 
order. 

7. Communications concerning this 
order should refer to “Supplementary 
Order ODT 3, Revised-169,” and, unless 
otherwise directed, should be addressed 
to the Division of Motor Transport, Office 
of Defense Transportation, Washington, 
D. C. 

This order shall become effective Feb¬ 
ruary 11, 1944, and shall remain in full 
force and effect until the termination of 
the present war shall have been duly 
proclaimed, or until such earlier time 
as the Office of Defense Transportation 
by further order may designate. 

Issued at Washington. D. C., this 7th 
day of February 1944. 

Joseph B. Eastman. 

Director, 

Office of Defense Transportation. 

IF. R. Doc. 44-1808; Filed, February 7, 1944; 

10:51 a. m.J 


(Supp. Order ODT 3, Rev. 1701 
Common Carriers 

COORDINATED OPERATIONS BETWEEN POINTS 
IN TEXAS 

Upon consideration of a plan for joint 
action filed with the Office of Defense 
Transportation by Alamo Freight Lines, 
Inc., San Antonio, Texas, and Red Arrow 
Freight Lines, Inc., Houston, Texas, to 
facilitate compliance with the require¬ 
ments and purposes of General Order 
ODT 3, Revised, as amended (7 F.R. 5445, 
6689, 7694; 8 F.R. 4660, 14582; 9 F.R. 
947), a copy of which plan is attached 
hereto as Appendix l, 1 and 

It appearing that the proposed coordi¬ 
nation of operations is necessary in order 
to assure maximum utilization of the fa¬ 
cilities, services, and equipment, and to 
conserve and providently utilize vital 
equipment, materials, and supplies, of the 
carriers, and to provide for the prompt 
and continuous movement of necessary 
traffic, the attainment of which purposes 
is essential to the successful prosecution 
of the war, It is hereby ordered , That: 

1. The plan for joint action above re¬ 
ferred to is hereby approved and- the 
carriers are directed to put the plan in 
operation forthwith, subject to the fol¬ 
lowing provisions, which shall supersede 
any provisions of such plan that are in 
conflict therewith. 

2. Each of the carriers forthwith shall 
file a copy of this order with the appro¬ 
priate regulatory body or bodies having 
jurisdiction over any operations affected 
by this order, and likewise shall file, and 
publish in accordance with law, and con¬ 
tinue in effect until further order, tariffs 
or supplements to filed tariffs, setting 
forth any changes in rates, charges, op- 










FEDERAL REGISTER, Tuesday , February 8, 1944 


1551 





erations, rules, regulations, and practices 
of the carrier which may be necessary to 
accord with the provisions of this order 
and of such plan; and forthwith shall 
apply to such regulatory body or bodies 
for special permission for such tariffs or 
supplements to become effective on the 
shortest notice lawfully permissible, but 
not prior to the effective date of this 
order. 

3. Whenever transportation service is 
performed by one carrier in lieu of serv¬ 
ice by another carrier, by reason of a 
diversion, exchange, pooling, or similar 
act made or performed pursuant to the 
plan for joint action hereby approved, 
the rates, charges, rules, and regulations 
governing such service shall be those that 
would have applied except for such di¬ 
version, exchange, pooling, or other act. 

4. The provisions of this order shall 
not Be so construed or applied as to re¬ 
quire any carrier subject hereto to per¬ 
form any service beyond its transporta¬ 
tion capacity, or to authorize or require 
any act or omission which is in viola¬ 
tion of any*law or regulation, or to per¬ 
mit any carrier to alter its legal liability 
to any shipper. In the event that com¬ 
pliance with any term of this order, or 
effectuation of any provision of such 
plan, would conflict with, or would not 
be authorized under, the existing inter¬ 
state or intrastate operating authority of 
any carrier subject hereto, such carrier 
forthwith shall apply to the appropriate 
regulatory body or bodies for the grant¬ 
ing of such operating authority as may 
be requisite to compliance with the terms 
of this order, and shall prosecute such 
application with all possible diligence. 
The coordination of operations directed 
by this order shall be subject to.the car¬ 
riers’ possessing or obtaining the requi¬ 
site operating authority. 

5. All records of the carriers pertaining 
to any transportation performed pur¬ 
suant to this order and to the provisions 
of such plan shall be kept available for 
examination and inspection at all rea¬ 
sonable times by accredited representa¬ 
tives of the Office of Defense Transporta¬ 
tion. 

6. The plan for joint action hereby 
approved and all contractual arrange¬ 
ments made by the carriers to effectuate 
the plan shall not continue in operation 
beyond the effective period of this order. 

7. Communications concerning thfs 
order should refer to “Supplementary 
Order ODT 3, Revised-170,” and, unless 
otherwise directed, should be addressed 
to the Division of Motor Transport, Of¬ 
fice of Defense Transportation, Wash¬ 
ington, B. C. 

This order shall become effective Feb¬ 
ruary 11, 1944, and shall remain in full 
force and effect until the termination of 
the present war shall have been duly 
proclaimed, or until such earlier time 
as the Office of Defense Transportation 
by further order may designate. 

Issued at Washington, D. C., this 7th 
day of February 1944. 

Joseph B. Eastman. 

Director , 

Office of Defense Transportation. 

|F. R. Doc. 44-1809; Piled. February 7, 1944; 

10:52 a. m.J 
No. 27-8 


OFFICE OF PRICE ADMINISTRATION. 

(Administrative Exception Order 10 Under 
Rev. RO 131 

United States Army 

SURRENDER OP POINTS IN FOOD PURCHASES 

Administrative Exception Order No. 10 
under Revised Ration Order 13. Proc¬ 
essed foods. The United States Army, 
purchasing on its own behalf and as 
purchasing agent for other Government 
agencies. 

Since March 1, 1943 the Army, in pro¬ 
curing processed foods under Food Dis¬ 
tribution Order 22-4 for its own account 
has been surrendering points for such 
processed foods computed at the point 
value existing at the time of delivery. 
Revised Ration Order 13 requires points 
to be surrendered on the basis of point 
values existing at the time of transfer. 

The Army is anxious to revise its 
method of computing the number of 
points to be surrendered so that, for 
processed foods acquired after January 
9, 1944, it will surrender points equal to 
the point value existing at the time of 
transfer. To liquidate outstanding in¬ 
debtednesses for points for processed 
foods purchased prior to January 10, 
1944, the three central Quartermaster 
Depots of the Army Service Forces ad¬ 
vised all suppliers of processed foods 
holding contracts entered into by the 
Army, that such suppliers were to send 
point invoices to the agency holding the 
contract for the foods, for unshipped 
balances of processed foods, purchased 
by the Army for its own account or for 
the account of the agencies for which the 
Army acts as procurement agency for 
processed foods under FDO 22-4. The 
instruction told the suppliers to com¬ 
pute the point values for such unshipped 
balance of processed foods at the point 
values existing on January 10,1944. The 
Army has now requested the issuance of 
an Administrative Exception Order to 
authorize that procedure. 

To require the Army to adjust its point 
payments so as to surrender additional 
points in those cases where the point 
value was higher at the time of trans¬ 
fer than at the time of delivery; and to 
require the Army to collect points from 
transferors in those cases where the 
point value was higher at the time of 
delivery than at the time of transfer, 
would involve the review of the numer¬ 
ous contracts entered into by the Army 
between March 1, 1943 and January 9, 
1944, inclusive. 

The Army has already advised the 
suppliers that points will be paid for 
processed foods purchased prior to Janu¬ 
ary 10, 1944, but undelivered on that 
date, at the point value existing on 
January 10, 1944. Since the informa¬ 
tion has already been disseminated, and 
since suppliers have begun to send the 
required point invoices to the agencies 
holding the contracts entered into on 
their behalf by the Army, it would create 
confusion to recall the Army’s instruc¬ 
tion. For this reason the Office of Price 
Administration is willing to permit the 


Army to operate under the instruction 
it has issued, and thus relieve it of the 
need to review the numerous contracts 
entered into between March 1, 1943 and 
January 9, 1944, inclusive, which would 
be the only method of bringing its past 
practices into conformity with the re¬ 
quirements of the order with respect to 
point payments for processed foods ac¬ 
quired prior to January JO, 1944. Fur¬ 
ther, an Administrative Exception Order 
is necessary to permit transferors in these 
cases to accept point payment for proc¬ 
essed foods on a basis different from that 
required by Revised Ration Order 13. 

Authorizing the procedure described 
herein .will not defeat or impair the 
effectiveness or policy of Revised Ration 
Order 13, since it will enable the Army 
to bring its practices into conformity 
with the provisions of the order without 
requiring the burdensome review of past 
contracts. 

It is hereby ordered , That the Army, 
and the other agencies for which the 
Army acted as procurement agency for 
processed foods under FDO 22-4, may 
pay, and the transferors may accept, 
points for processed foods transferred 
prior to January 10, 1944, and undeliv¬ 
ered by that date, at the point value 
assigned to the processed foods on Jan¬ 
uary 10, 1944. For all processed foods 
purchased by the Army after January 9, 
1944, the Army and the agencies for 
which the Army acts as procurement 
agency will be required to surrender 
points computed at the point value ex¬ 
isting at the time of transfer as required 
by section 9.5 (b) of Revised Ration 
Order 13. 

This order shall become effective Feb¬ 
ruary 7, 1944. 

(Pufcr. Law 671, 76th Cong., as amended 
by Pub. Laws 89. 421, 507 and 729, 77th 
Cong.; E.O. 9125, 7 F.R. 2719; E.O. 9280, 
7 F.R. 10179; WPB Dir. 1, 7 F.R. 562, Food 
Dir. 1, 8 F.R. 827; Food Dir. 3. 8 F.R. 2005, 
and Fodd Directive 5, 8 F.R. 2251) 

Issued this 5th day of February 1944, 
Colonel Bryan Houston, 
Deputy Administrator , 
in Change of Rationing. 

(F. R. Doc. 44-1779; Filed, February 5, 1944; 
12:09 p. m.) 


(Rev. Order A-3 Under MPR 188] 

Clay Silo Staves, Etc. 

ADJUSTMENT OF MAXIMUM PRICES 

Revised Order No. A-3 under § 1499.- 
159b of Maximum Price Regulation No. 
188. Manufacturers’ maximum prices 
for specified building materials and con¬ 
sumers’ goods other than apparel. Ap- 
. plications for absorbable adjustment of 
maximum prices for manufacturers of 
particular articles under Maximum Price 
Regulation No. 188. 

Order No. A-3 is revised and amended 
to read as follows; 

An opinion accompanying this Revised 
Order No. A-3 under § 1499.159b of Maxi- 








1552 


FEDERAL REGISTER, Tuesday , February 8 , 1944 


mum Price Regulation No. 188 has been 
issued simultaneously herewith and filed 
with the Division of the Federal Register. 

For the purpose of removing price 
impediments to supply, the Office of Price 
Administration. Washington, D. C. f may 
adjust maximum prices for particular 
articles established under Maximum 
Price Regulation No. 188 as hereinafter 
provided. ApQjications for adjustment 
may be made by the seller or the buyer, 
and shall be filed in accordance with Re¬ 
vised Procedural Regulation No. 1. 

The provisions of this order apply only 
to producers of the articles listed below, 
under the circumstances and to the 
extent specified. , 

(a) Who may apply. An application 
for adjustment will be entertaihed in the 
case of any manufacturer of any of the 
commodities listed below if: 

(1) His operating position and his ceil¬ 
ing price or prices for the article are such 
that he would qualify for relief under (b) 
below; and 

<2) An increase in his ceiling price will 
not threaten established ceiling prices at 
retail, because either: 

(i) The article is not sold to household 
consumers but is used in the supply of a 
commercial, recreational or professional 
service, and is an inconsequential cost 
factor that can readily be absorbed by 
the purchaser without an increase in the 
price of that service, or 

(ii) The article Is sold to a very small 
number of purchasers (who are pur¬ 
chasers for resale and not ultimate con¬ 
sumers, and one of whom accounts for at 
least one-third of the manufacturer’s 
entire output of the article), and the 
purchasers are ready to absorb the ad¬ 
justment requested in the manufac¬ 
turer’s price without either changing 
their own resale price or prices for the 
article (if their selling prices are less 
than their maximum prices) or using the 
adjustment as a basis for increasing their 
maximum prices. Letters from them to 
this effect must accompany the applica¬ 
tion. 

(b) Amount of adjustment. Any ad¬ 
justment granted under this order will 
not exceed the following: 

(1) If the manufacturer’s entire op¬ 
eration is profitable, an amount sufficient 
to cover the unit manufacturing cost plus 
packing cost, and shipping cost where 
delivered prices are quoted or freight is 
allowed or equalized; 

(2) If the manufacturer’s entire op¬ 
eration is being conducted at a loss (or 
will be so within 30 days), an amount 
sufficient to cover his total unit cost to 
make and sell the article. 

If the article is sold to purchasers for 
resale any adjustment granted under (1) 
or (2) above will in no event exceed the 
amount the customers have agreed to 
absorb. 

(c) Limitations on purchasers for re - 
sale. The amount of the increase 
granted to a manufacturer under this 
provision shall not hereafter be consid¬ 
ered by the customer in calculating his 
maximum price for the article' when re¬ 


sold by him; nor will any petition or 
application for amendment, adjustment, 
exception or other relief made by any 
wholesaler or retailer of the article be 
entertained by the Office of Price Ad¬ 
ministration to the extent that such pe¬ 
tition or application is based, directly or 
indirectly, upon the increase in price 
granted to the manufacturer under this 
provision. 

(d) Definitions. The term “unit 
manufacturing cost” means the total of 
direct materials, direct labor, and manu¬ 
facturing expenses or factory overhead, 
applicable to each unit'of the article. 

The term “total unit cost” means the 
total of unit manufacturing cost and 
reasonable general, administrative, and 
selling expenses applicable to the article, 
excluding income and excess profits 
taxes. 

Depreciation included in cost shall be 
at rates which do not exceed those ap¬ 
proved by the Bureau of Internal Reve¬ 
nue. Expenses not related to the manu¬ 
facture and sale of the article will be, 
excluded. 

(e) Articles covered. This Revised 
Order No. A-3 applies only to the fol¬ 
lowing commodities: 

(1) Building materials: 

Clay silo staves. 

(2) Consumers' goods: 

Dental supplies. 

Hou&iliold furniture (as defined in Order 
No. 1052 under Maximum Price Regulation 
No. 188). 

Optical supplies. 

Freehand blown glassware. 

Insecticide dusters and sprayers. 

Combs for personal use. 

Embossed wood top cork closures. 

Gas mantle rings. 

Scientific glass apparatus. 

This Revised Order No. A-3 shall be¬ 
come effective February 7, 1944. 

Note: The reporting and ^record keeping 
requirements of this order have 'been ap¬ 
proved by the Eureau of the Budget in ac¬ 
cordance with the Federal Reports Act of 
1942. 

(56 St at. 23, 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 
8 F.R. 4681) 

Issued this 5th day of February 1944. 

Chester Bowles, 
Administrator. 

[F. R. Doc. 44-1778: Filed, February 5, 1944; 

12:09 p. m.J 


Regional and District Office Orders. 

| Region VII Order G-l Under GMPR, 
Arndt. 31 

Fluid Milk in Designated Areas of Idaho 

Order No. G-l Under § 1499.75 (a) (2) 
(ii) of the General Maximum Price Reg¬ 
ulation, Amendment No. 3. Order modi¬ 
fying maximum wholesale and retail 
prices for fluid milk in certain areas in 
the State of Idaho. 

Pursuant to the Emergency Price Con¬ 
trol Act of 1942, as Amended, and 
8 1499.75 (a) (9) of Supplementary Reg¬ 
ulation No. 15 to the General Maximum 
Price Regulation, and for the reasons 


set forth in the accompanying opinion, 
this Amendment No. 3 is issued. 

1. The title of the original order is¬ 
sued herein on November 25, 1942. is 
amended to read as follows: “Order No. 
G-l Under § 1499.75 (a) (2) (ii) of the 
General Maximum Price Regulation.” 

2. Paragraph (1) (a) is amended to 
make all that part thereof prior to the 
colon after the word “Ordinance” in 
the fourth line thereof read as follows: 

(a) Grade A milk, when sold and de¬ 
livered under Municipal Regulation, 
which by ordinance incorporates therein 
all of the material and substantial terms 
and provisions of the police regulation 
commonly referred to as “Standard 
Milk Ordinance*',' and Grade A milk, 
when sold and delivered by a producer 
having a Grade A producer’s certificate 
or license duly issued by the Public 
Health Department of the State of 
Idaho, in accordance with the law of 
that State regulating the production 
and sale of Grade A milk: 

3. Effective date. This Amendment' 
No. 3 shall become effective on January 
28, 1944. 

(56 Stat. 23, 765: Pub. Law 151. 78th 
Cong.: E.O. 9250. 7 F.R, 7871, and E.O. 
9328, 8 F.R. 4681) 

Issued this 28th day of January 1944. 

Clem W. Collins. 

Regional Administrator. 

IF. R. Doc. 44-1739; Filed, February 4. 1844: 

12:43 p. m.) 


[Region VIII Order G-4 Under MPR 3761 
Fresh Tomatoes in San Francisco Region 

Order No. G-4 under Maximum Price 
Regulation No. 376, as amended. Cer¬ 
tain fresh fruits and vegetables (fresh 
tomatoes). 

For the reasons set forth in an opinion 
issued simultaneously herewith and 
under the authority vested in the Re¬ 
gional Administrator of the Office of 
Price Administration by section 4 (c) of 
Maximum Price Regulation No. 376. as 
amended, it is hereby ordered: 

(a) Carlot sales. The maximum price 
for sales of fresh tomatoes other than 
hothouse tomatoes at any wholesale re¬ 
ceiving point located in Region VIII in 
carlot or trucklot quantities shall be as 
follows: 

(1) Mexican tomatoes, (i) When 
packed in standard Los Angeles crates 
having a minimum net weight of thirty- 
two pounds: $3.75 per crate f. o. b. Mexi¬ 
can shipping point, plus $.015 per pound 
import duty, plus $.05 per crate crossing 
charge, plus “freight” from the point of 
shipment in the Republic.of Mexico to 
the wholesale receiving point. 

(ii) When packed in any other man¬ 
ner: $.14 per pound, calculated f. o. b. 
Nogales, Arizona, plus “freight” from 
Nogales, Arizona, to the wholesale receiv¬ 
ing point. 

(2) All other tomatoes (except hot¬ 
house ). (i) When packed in any type 

of container: $.15 t per pound, calculated 
f. o. b. Nogales. Arizona, plus “freight" 
from Nogales, Arizona, to the wholesale 
receiving point. 









FEDERAL REGISTER, Tuesday , February 8, 1944 


(b) Less than carlot sales. The max¬ 
imum price for sales of fresh tomatoes 
at any wholesale receiving point located 
in Region VIII in less than carlot or less 
than trucklot quantities shall be as fol¬ 
lows: 

(1) Ex-track sales. For sales by any 
carlot receiver selling “ex-track” or “ex¬ 
truck”: the price as specified in para¬ 
graph (a) above, plus. $0.25 per crate in 
the case of Mexican tomatoes packed in 
standard Los Angeles crates with a min¬ 
imum net weight of thirty-two pounds 
per crate, and per pound in the 
case of any other tomatoes. 

(2) Repacked Mexican tomatoes. For 
sales to any person, including a re¬ 
tailer: the price as specified in para¬ 
graph (a) above, reduced to a per pound 
basis by dividing the maximum delivered 
price per crate by thirty-two, where to¬ 
matoes are purchased on a per crate 
basis with a minimum net weight of 
thirty-two pounds, plus the following 


maximum mark-ups: 

Maximum 

mark-up 

Area: per pound 

Southern California Area_$0. 03 

Northern California Area- . 04 

Nevada and Arizona_ . 01 

Oregon_ . 05 


Washington and Northern Idaho_ . && 

(3) All other sales. For sales other 
than Mexican “repacked” tomatoes to 
any person, including a retailer, except 
as provided in paragraph (b) (1) above: 
the applicable maximum price as speci¬ 
fied in paragraph (a) above, plus $.02 
per pound. 

(c) Each District Office shall deter¬ 
mine the cheapest method of transporta¬ 
tion which is customary and generally 
available from the basing point into each 
wholesale receiving point and shall com¬ 
pute the freight to be used for each 
wholesale receiving point within its 
jurisdiction. 

(d) Definitions. *<1) “Mexican to¬ 
matoes” means any tomatoes produced 
in the Republic of Mexico. 

(2) “Ex-track” or “ex-truck” means 
sales direct from a railroad car or truck, 
without having been received in a ware¬ 
house.* 

(3) “Repacked” means tomatoes which 
have been removed from the original 
container and graded as to color, size 
and fmiform degree of maturity, and re¬ 
packed in any container. 

( 4 > “Freight” shalfinclude the cost of 
refrigeration and the lowest available 
freight by common or contract carrier, 
as the case may be. 

(5> “Carlot receiver” or “trucklot re¬ 
ceiver” means a person who for his own 
account and profit buys the listed com¬ 
modity being priced in unbroken car- 
lots or unbroken trucklots for resale, 
in less-than-carlots or less-than-truck- 
lots, to persons other than ultimate con¬ 
sumers. For sales of particular goods 
in unbroken carlots or trucklots, the 
seller shall not be considered a carlot 
receiver. 

• (6) “South California Area” means 

that portion of the state of California 
south of the northern boundaries of San 
Luis Obispo, Kern, and San Bernardino 
Counties. 


(7) “Northern California Area” means 
that portion of the state of California 
north of the northern boundaries of 
San Luis Obispo, Kern, and San Ber¬ 
nardino Counties. 

(8) “Northern Idaho” means the fol¬ 
lowing counties in the state of Idaho: 
Benewah. Bonner, Boundary, Clear¬ 
water, Kootenai, Latah, Lewis, Nez 
Perce, Shoshone, and Idaho. 

(9) “Region VIII” means the states 
of-California. Washington, Nevada. Ore¬ 
gon, except Malheur and Harney Coun¬ 
ties, and Arizona, except those portions 
of Coconino County and Mohave County 
lying north of the Colorado River; and 
the following counties in the state of 
Idaho: Benewah. Bonner. Boundary. 
Clearwater, Kootenai, Latah, Lewis, Nez 
Perce, Shoshone, and Idaho. 

(c) This order may be revoked, 
amended or coirected at any time. This 
order shall become effective February 3, 
1944. 

(56 Stat. 23. 765; Pub. Law 151, 78th 
Cong.; E.O. 9250. 7 F.R. 7871 and E.O. 
9328. 8 F.R. 4681) 

Issued this 1st day of February 1944. 

L. F. Gentner, 
Regional Administrator. 

[F. R. Doc. 44-1740; Filed. February 4, 1944; 

12:16 p. m.| 


List of Community Ceiling Price Orders 

The following orders under Revised 
General Order 51 were filed with the 
Division of the Federal Register on 
February 2, 1944. 

REGION III 

Cleveland/order No. F-l, Amendment No. 

12. filed 9:39 p. m. 

Cleveland, Order No. F-5, Amendment No. 
4, filed 9:40 a. m. 

•Detroit Order No. 10, filed 9:46 a. m. • 
Escanaba/Order No. 1-F, Amendment No. 

14. filed 9:40 a. m. 

Escanaba/Older No. 2-F, Amendment No. 

13. filed 9:40 a. m. 

Escanaba/Order No. 3-F, Amendment No. 
13. filed 9:40 a. m. 

Escanaba/Order No. 4-F. Amendment* No. 
13. filed 9:4l a. m. 

Escanaba, Order No. 5-F. Amendment No. 
13. filed 9:41 a. m. 

Escanaba,- Order Now 6-F. Amendment No. 
12. filed 9:41 a. m. 

Escanaba/ Order No. 7-F, Amendment No. 
12. filed 9:44 a. m. 

Escanaba/ Order No. 8-F, Amendment No. 

12. filed 9:44 a. m. 

REGION IV 

Memphis/Order No. 4-F. Amendment No. 
18, filed 9:39 a. m. 

Nashville/Order No. 5-F. Amendment No. 
3. filed 9:44 a. m. 

Nashvllley Order No. 6-F, Amendment No. 
2, filed 9:45 a. m. 

Nashville/ Order No. 7-F, Amendment No. 
2. filed 9:44 a. m * 

Nashville Order No. 12, filed 9:46 a. m. 
Savannah, Order No. l-F, Amendment No. 
20, filed 9:50 a. m. 

Savannah/ Order No. 2-F, Amendment No. 

15, filed 9:50 a. m. 

Savannah. Order No. 3-F, Amendment No. 

13. filed 9:49 a. m. 


1553 

Savannah t /6rder No. 4-F, Amendment No. 
12, filed 9:50 a. m. 

REGION VI 

Dos MoineyDrder No. 1-F. filed 9:41 a. m. 
region vin 

Los Angeles. Los Angeles-5. Amendment 
No. 6. filed 9:47 a. m. 

Los Angeles, Los Angeles-6, Amendment 
No. 6, filed 9:48 a. m. 

Los Angeles. Los Angeles-7, Amendment 
No. 6. filed 9:48 a m. 

Los Angeles, Los Angeles-8. Amendment 
No. 6. filed 9:48 a. m. 

Copies of these orders may be obtained 
from the issuing offices. 

Ervin H. Pollack, 
Secretary. 

[F. R Doc. 44-1750; Filed. February 4. 1944; 
4:53 p. m.j 


List of Community Ceiling Price Orders 

The following orders under Revised 
General Order 51 were filed with the Di¬ 
vision of the Federal Register on Febru¬ 
ary 3, 1944. 

REGION i 

Augusta/ Order No. 11, filed 4:00 p. m. 
Augusta, Order No. 12. filed 4:01 p. m. 
Augusta*Order No. 13. filed 4:01 p. m. 
Augusta-Order No. 14, filed 4:02 p. m. 
Augusta^Order No. 15. filed 4:02 p. m. 
Augusta, Order No. 16. filed 4:03 p. m. 
Augusta, Order No. 17. filed 4:03 p. m. 
Augusta. Order No. 18. filed 4:04 p. m. 
Frovidence. Order No. 5, Amendment No. 5. 
filed 4:04 p. m. 

region u 

Philadelphia. Order No. P-1, filed 4:06 p. m. 
« Syracuse. Order No. P-1, filed 3:54 p. m. 

. region m 

Charleston,. Order No. 1-F, Amendment No. 
7. filed 3:55 p. m. 

Charleston/Order No. 2-F, Amendment No. 
5, filed 3;55 p. m. 

Charleston, Order No. 3-F, Amendment No. 
4, filed 3:55 p. m. 

Charleston, Order No. 4-F, Amendment No. 
1, filed 3:56 p. m. 

Charleston/ Order No. 27, Amendment No. 
1, filed 3:58 p. m. 

Cincinnati, Order No. 1-P. filed 4:06 p. m. 
Cincinnati, Order No. 1-F, Amendment No. 

14. filed 3:56 p. m. 

Cincinnati^Order No. 2-F, Amendment No. 

7. filed 3:57 p. m. 

Cincinnati, Order No. 2-F, Amendment No. 

8. filed 4:08 p. m. 

Cincinnati. Order No. 3-F, Amendment No. 
1, filed 4.07 p. m. 

region iv 

Birmingham. Order No. 1-F, Amendment 
No. 2. filed 4:09 p. m. 

Jacksonville. Order No. 2-F, Amendment 
No. 8. filed 3:57 p. m. 

Memphis. Order No. 5-F. filed 4:08 p. m. 

region v 

Dallas, Order No. 10, Amendment No. 1. filed 
4:04 p. m. 

Houston. Order No. 2-F, Amendment No. 
1, filed 4:05 p. m. 

Oklahoma City, Order No. 3-F, Amendment 
No. 2. filed 4:09 p. m. 

Shreveport, Order No. 1-F, Amendment No. 

1, filed 4:08 p. m. 

Shreveport, Order No. 2-F, Amendment No. 

2, filed 4:09 p. m. 













1554 FEDERAL REGISTER, Tuesday, February 8, 1944 


REGION VI 

Omaha/ Order No. 1-F, Amendment No. 1, 
filed 3:67 p. m. 

Omaha, Order No. 1-F, Amendment No. 2, 
filed 8:68 p. m. 

Omaha, Order No. 2-F, filed 3:68 p. m. 

REGION VIII 

Fresno; Order No. 7. Amendment No. 4, 
filed 4:00 p. m. 

Fresno/Order No. 8. Amendment No. 5, filed 
4:00 p. m. 

San Diego, Order No. 1-F, Amendment No. 
19. filed 8:64 p. m. 

Seattle, Order No. 1-F, filed 4:06 p. m. 
Seattle, Order No. 1-F, Amendment No. 1, 
filed 4:06 p. m. 

Copies of these orders may be obtained 
from the issuing offices. 

Ervin H. Pollack, 
Secretary, 

|F. R. Doc. 44-1751: Filed. February 4. 1944; 
4:53 p. m.] 


List of Community Ceiling Price Orders 

The following orders under Revised 
General Order 51 were filed with the 
Division of the Federal Register on Feb¬ 
ruary 4, 1944. 

region m 

Louisville/Order No. 1-F, Amendment 15, 
filed 10:46 a. m. 

Louisville/ Order No. 2-F. Amendment 9, 
filed 10:46 a, m. 

LoulsviUe, Order No. 3-F. Amendment 2, 
filed 10:46 A. m. 

Saginaw/ Order No. 1-W, Amendment 1, 
filed 1$:28 a. m. 

Saginaw, Order No. 17. Amendment 1, filed 
10:28 a. m. 

Saginaw. Order No. 18. Amendment 1, filed 
10:28 a. m. 

REGION IV 

Jackson. Order No. 1-F. Amendment 21, 
filed 10:44 a. m. 

REGION v 

New Orleans. Order No. 1-F. Amendment 1, 
filed 10:30 a. m. 

Dallas, Order No. 2-F. Amendment 1. filed 
10:30 a. m. 

REGION VI 

Chicago. Order No. 1-F. filed 10:24 a. m. 

Duluth-Superior, Order No. 2-F. filed 10:24 
a. m. 

Fargo-Moorehead, Order No. 1-F, filed 10:25 
a. m. 

Fargo-Moorehead, Order No. 2-F, filed 10:25 
a. m. 

Fargo-Moorehead, Order No. 3-F, filed 10:25 
a. m. 

Peoria, Order No. 11, filed 10:24 a. m. 

Sioux Falls. Order No. 1-F, filed 10:25 a. m. 

Springfield, Order No. 1-F, filed 10:44 a. m. 

Springfield. Order No. 2-F, filed 10:30 a. m. 

Springfield, Order No. 23, filed 10:46 a. m. 

Twin Cities, Order No. 2-F, filed 10:29 a: m. 

REGION VIII 

Fresno, Order No. 1-F, Amendment 2, filed 
10:44 a. m. 

Los Angeles. Los Angeles-5, Amendment 7, 
filed 10:27 a. m. 

Los Angeles, Los Angeles-5, Amendment 8, 
filed 10:26 a. m. 

Los Angeles, Los Angeles-6, Amendment 7, 
filed 10:27 a. m. 

Los Angeles, Los Angeles-7, Amendment 8, 
filed 10:28 a. m. 


Los Angeles, Los Angeles-7, Amendment 7 , 
filed 10:28 a. m. 

Los Angeles, Los Angeles-8, Amendment 7, 
filed 10:28 a. m. 

Los Angeles, Los Angeles-8, Amendment 8, 
filed 10:27 a. m. 

Los Angeles, Los ‘Angeles-6, Amendment 8, 
filed 10:26 a. m. 

Seattle, Order No. 3-F, Amendment 1, filed 
10:26 a. m. 

8eattle, Order No. 4-F, Amendment 1, filed 
10:26 a. m. 

Seattle, Order No. 5-F, Amendment 1, filed 
10:26 a. m. 

Copies of these orders may be obtained 
from the issuing offices. 

Ervin H. Pollack, 

Secietary . 

(F. R. Doc. 44-1780; Filed, February 5, 1944; 

12:02 p. m.] 


(Region VTI Order G-6 Under RMPR 122, 
Amdt. 2) 

Bituminous Coal in Jackson, Wyo., Area 

Order No. G-6 Under Revised Maxi¬ 
mum Price Regulation No. 122, Amend¬ 
ment No. 2. Solid fuels sold and deliv¬ 
ered by dealers. Specific maximum 
prices for bituminous coal sold and de¬ 
livered by dealers in the Jackson Area 
of the State of Wyoming. 

Pursuant to the Emergency Price Con¬ 
trol Act of 1942, as amended, and § 1340.- 
260 of Revised Maximum Price Regula¬ 
tion No. 122, and for the reasons set 
forth in the accompanying opinion, this 
Amendment No. 2 is issued. 

1. Subparagraphs (1), (2), and (3) of 
paragraph (b) are amended by adding 
20c to each of the per-ton prices set 
forth therein. 

2. Paragraph (e) is hereby revoked as 
of the effective date of this Amendment 
No. 2. 

3. Paragraphs (f) and (g) are hereby 
redesignated (j) and (k), respectively, 
♦and five new paragraphs designated (e), 

(f), (g), (h), and (i), respectively, are 
added to read as follows: 

(e) Bureau of the Budget approval 
The reporting and record-keeping re¬ 
quirements of this order have been ap¬ 
proved by the Bureau of the Budget, in 
accordance with the Federal Reports 
Act of 1942. 

(f) Records . Every person making a 
sale of solid fuel for which a maximum 
price is set by this order shall keep a 
record thereof, showing the date, the 
name and address of the buyer if known, 
the per-net-ton price charged, and the 
solid fuel sold. The solid fuel shall be 
identified.in the manner in which it is 
described in the order. The record shall 
also separately state each service ren¬ 
dered and the charge made for it. 

(g) Special service charges. If in 
connection with a sale and delivery of 
coal made by you in the area covered 
hereby you, at the request of the pur¬ 
chaser, perform any one or more of the 
special services set forth below, the max¬ 
imum prices which you may charge for 
such special services are those stated 
below: 


(1) Special service charges: 



Ter ton 

Per haU 
ton 

“Wheel-in” or “Carry-in”. 

$0.£0 

10.35 

“Pull-back” or “Trimming”. 

.25 

.15 

“Carrying up or flown stairs”- 

LOO 

.60 

“Oil or chemical treatment”. 

.25 

.15 


(2) “Wheel-in” or “carry-in’ 1 means 
to transport coal from the vehicle in 
which delivery is made or from the near¬ 
est accessible point of dumping or un¬ 
loading and place the same in the buyer’s 
bin or storage space, when the physical 
condition of the premises is such as to 
prevent dumping or unloading directly 
into such bin or storage space. 

(3) “Pull-back” or “trimming” means 
to arrange and place coal in the buyer’s 
bin by rehandling the same for the pur¬ 
pose of filling the bin; and the service 
charge for such “pull-back” or “trim¬ 
ming” shall apply only to the amount of 
coal so rehandled. 

(4) “Carrying up or down stairs” 
means, generally, the labor involved in 
carrying coal up or down stairs for de¬ 
positing in customer’s bin or storage 
space. 

(5) “Delivered” means placed in the 
buyer’s bin or storage space by dumping, 
chuting-,-or shoveling directly from the 
seller’s truck or vehicle, or where such 
delivery to the buyer’s bin or storage 
space is physically impossible, by dis¬ 
charging at the point nearest and most 
accessible to the buyer’s bin or storage 
space at which the coal can be discharged 
directly from the seller’s truck. 

(h) Additional charge for delivering 
beyond area. For a delivery made to a 
place beyond the area within which the 
seller has heretofore customarily made 
free delivery, -an additional charge not 
in excess of any such additional delivery 
charge regularly and customarily made 
in December, 1941 t may be added to the 
specific maximum prices established by 
this order. A dealer who was not in 
business in December, 1941, or who if 
in business during that time made no 
such extra-area deliveries, may take as 
additional delivery charge the # charge 
of his nearest competitor who was estab¬ 
lished in business and did make such 
extra-area deliveries in December, 1941. 

(i) Licensing. The provisions of 
Licensing Order No. 1, licensing all per¬ 
sons who make sales under price control, 
are applicable to all sellers subject to this 
regulation or order. A seller’s license 
may be suspended for violations of the 
license or of one or more applicable price 
schedules or regulations. A person 
whose license is suspended may* not, dur¬ 
ing the period of suspension, make any 
sale for which his license has been 
suspended. 

3. Effective date. This Amendment 
No. 2 shall become effective retroactively 
as of November 30, 1943, as to the in¬ 
creases in specific maximum prices; and 
as to all other provisions contained 
herein, this Amendment No. 2 shall be¬ 
come effective on the 7th day of January, 
1944. 


















FEDERAL REGISTER, Tuesday , February 8, 1944 


1555 


(56 Stat. 23, 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871, and E.O. 
9328, 8 F.R. 4681) 

Issued this 7th day of January 1944. 

Clem W. Collins. 
Regional Administrator. 

[F. R. Doc. 44-1781; Filed, February 6, 1944; 
12:02 p. in.) 


(Colorado Order G-l Under 3 (b) (2)] 
Denver Tent and Awning Co. 

ORDER ESTABLISHING MAXIMUM PRICES 

Order No. G-l issued under § 1499.3 

(b) (2) of the General Maximum Price 
Regulation. Order establishing maxi¬ 
mum prices for HandyKarry Shopping 
Bag to be manufactured by The Denver 
Tent and Awning Co., Denver, Colorado. 

For the reasons set forth* in the opin¬ 
ion issued simultaneously herewith and 
under the authority vested in the Dis¬ 
trict Director by General Order No. 32, 
as amended, and Region VII Delegation 
Order No. 12, under § 1499.3 (b) (2) of the 
General Maximum Price Regulation, it 
is hereby ordered: 

(a) Maximum price for HandyKarry 
Shopping Bags on sales by The Denver 
Tent and Auming Co. to Frank S. Jef¬ 
fries and Lotta Lee Jeffries. The maxi¬ 
mum price to be charged by The Denver 
Tent and Awning Co., whose address is 
1647 Arapahoe Street, Denver, Colorado, 
and whose establishment is at that ad¬ 
dress, for HandyKarry Shopping Bags, 
on sales by said The Denver Tent and 
Awning Co., to Frank S. Jeffries and 
Lotta Lee Jeffries, doing business as 
HandyKarry Shopping Bag Company, 
whose address is 1326 Ogden Street, Den¬ 
ver, Colorado, shall, from and after the 
effective date of this order, be 61!4£ per 
bag. And the application of said The 
Denver Tent and Awning Co., which has 
been filed with this office, asking for 
approval of that price, is approved. 

(b) Maximum price for HandyKarry 
Shopping Bags on sales at wholesale by 
Frank S. Jeffries and Lotta Lee Jeffries, 
and subseqeunt sellers. The maximum 
price to be charged by said Frank S. Jef¬ 
fries and Lotta Lee Jeffries, doing busi¬ 
ness as HandyKarry Shopping Bag Com¬ 
pany, and by subsequent sellers, for 
HandyKarry Shopping Bags, on sales at 
wholesale by them, shall, from and after 
the effective date of this order, be $1.25 
per bag. 

(c) Maximum price for HandyKarry 
Shopping Bags on sales at retail. The 
maximum price for HandyKarry Shop¬ 
ping Bags, on sales at retail by any per¬ 
son, shall, from and after the effective 
date of this order, be $1.95 per bag. 

(d) Description of HandyKarry Shop¬ 
ping Bags. The phrase “HandyKarry 
Shopping Bags.’* as used in this order, 
means a bag made according to a design 
claimed to have been originated by said 
Fiank S. Jeffries and Lotta Lee Jeffries, 
or one of them, made of light weight 
single filling 10-oz. duck, approximately 
18 inches wide by 20 inches deep, and 
having a shoulder strap of the same ma¬ 


terial for use in carrying the bag as a 
shoulder bag, and having, in addition, 
two hand carrying straps of the same 
material, and having on the front of the 
bag a pocket of the same material ap¬ 
proximately 8 inches by 9 inches in size. 

(e) Notification of maximum prices. 
Each person who shall sell HandyKarry 
Shopping Bags to any purchaser who 
buys them for resale shall, at the time 
of or prior to the first delivery of Handy¬ 
Karry Shopping Bags to such purchaser, 
notify such purchaser of the wholesale 
and retail maximum prices which are set 
out in subdivisions (b) and (c) of this 
order. 

(f) Coverage by General Maximum 
Price Regulation. In all particulars 
which are not specifically covered or 
which are excepted by this order, all 
sellers of HandyKarry Shopping Bags 
shall be subject to the provisions of the 
General Maximum Price Regulation with 
respect to the sales of HandyKarry 
Shopping Bags. 

(g) Modification and adjustment. 
This order may be revoked, amended, or 
corrected at any time, and any maximum 
price determined under this order shall 
be subject to modification and adjust¬ 
ment by the Office of Price Administra¬ 
tion and this order shall be superseded 
by any appropriate maximum price 
regulation or amendment to maximum 
price regulation which may hereafter be 
issued which fixes or establishes maxi¬ 
mum prices for HandyKarry Shopping 
Bags. 

(h) Keeping of copy of order. Said 
The Denver Tent and Awning Co. shall 
keep a copy of this order in its establish¬ 
ment at 1647 Arapahoe Street, Denver, 
Colorado. 

(i) Effective date. This order be¬ 
comes effective January 17, 1944. 

(56 Stat. 23, 765; Pub. Law 151, 78th 
Cong* E.O. 9250, 7 F.R. 7871 and E.O, 
9328, 8 F.R. 4681) 

Issued this 17th day of January 1944. 

Geo. M. Bull, 
District Director. 

(F. R. Doc. 44-1782; Filed, February 5, 1944; 

12:02 p. m.| 


(Spokane Order G-l Under 18 (c) 1 

Firewood in Benton and Franklin 
Counties, Wash. 

Order No. G-l under § 1499.18 (c), as 
amended, of the General Maximum Price 
Regulation. Certain firewood in Ben¬ 
ton and Franklin Counties, Washington. 

For the reasons set forth in an opinion 
issued simultaneously herewith and un¬ 
der the authority vested in the District 
Director of the Spokane District Office 
of the Office of Price Administration by 
§ 1499.18 (c), as amended, of the Gen¬ 
eral Maximum Price Regulation and Or¬ 
der of Delegation No. 34 under General 
Order No. 32, It is hereby ordered: 

(a) With respect to the sales and de¬ 
liveries of certain specified kinds of fire¬ 
wood in Benton and Franklin Counties, 
Washington, the maximum prices there¬ 
for shall be the seller’s previous maxi¬ 


mum prices as determined under section 
2 of the General Maximum Price Regula¬ 
tion, or the adjusted maximum prices set 
forth in paragraph (b), whichever are 
the higher. 

(b) The maximum prices for mixed 
mill slabwood in 16 in. lengths or shorter 
shall be as follows: 

(1) For sales of wood delivered to the 
consumer’s premises at any point in'said 
Benton and Franklin Counties with the 
exception of the community center of 
"Benton City, $12.00 per cord. 

(2) For sales of wood f. o. b. seller’s 
distribution yard located at any place in 
said Benton and Franklin Counties ex¬ 
cept the community center of Benton 
City, $10.00 per cord. 

(3) For sales of wood delivered to the 
consumer’s premises in the community 
center of Benton City. $13.25 per cord. 

(4) For sales of wood f. o. b. seller’s 
distribution yard located in the com¬ 
munity center of Benton City. $11.25 per 
cord. 

(c) For the purpose of this order, the 
term “community center of Benton City” 
shall include all of that area lying within 
three miles of the Southwest Comer of 
the Northwest Quarter of Section 18, 
Township 9 North, Range 27 East, W. M. 

(d) If in March, 1942. the seller had an 
established practice of giving allowances, 
discounts, or other price differentials to 
certain classes of purchasers, he must 
continue such practice, and the maxi¬ 
mum prices fixed by this order must be 
reduced to reflect such allowances, dis¬ 
counts, and other price differentials. 

(e) Lower prices than the maximum 
prices established by this order may be 
charged, demanded, offered, or paid. 

(f) Violations of this order shall sub¬ 
ject the violator to all of the criminal 
and civil penalties provided by theJEmer- 
gency Price Control Act of 1942, as 
amended. 

(g) Order No. G-75 under § 1499.18 

(c), as amended, of the General Maxi¬ 
mum Price Regulation, issued on Novem¬ 
ber 24, 1943, by the San Francisco Re¬ 
gional Office is hereby superseded and 
revoked. 

(h) This order may be revoked, 
amended, or corrected at any time. This 
order shall become effective February 3, 
1944. 

(56 Stat. 23, 765; Pub. Law 151. 78th 
Cong.; E.O. 9250, 7 F.R. 7871 and E.O. 
9328, 8 F.R. 4681) 

Issued this 31st day of January 1944. 

Dave S. Cohn. 

District Director. 

[F. R. Doc. 44-1783; Filed, February 5, 1944; 

12:03 p. m.J 


(Region VII Rev. Order G-l Under MPR 122, 
Arndt. 1( 

Bituminous Coal in Uintah Co., Utah 

Revised Order No. G-l Under Maxi¬ 
mum Price Regulation No. 122, Amend¬ 
ment No. 1. Solid fuels sold and deliv¬ 
ered by dealers. Revised order modifying 
prices for certain bituminous coal sold in 
Uintah County, Utah. 










1556 


FEDERAL REGISTER, Tuesday, February 8, 1944 


Pursuant to the Emergency Price Con¬ 
trol Act of 1942, as amended, and § 1340.- 
260 of Maximum Price Regulation No. 
122, and for the reasons set forth in the 
accompanying opinion, this Amendment 
No. 1 is issued. 

1. Subparagraphs (1), <2), (3), and 
(4) of paragraph (b) are amended to 
read as follows: 

Per ton 


(1) 6" bituminous lump coal-$6.85 

(2) IVz x 6" bituminous nut-‘ 6.05 

(3) 1% x 0" bituminous slack (oil)-- 6.05 

(4) 1% x 0" bituminous slack (raw)— 4.80 


2. Paragraphs (e) and (f) are hereby 
redesignated (j) and <k), respectively, 
and five new paragraphs designated (e), 
-(f), (g), (h), and (i), respectively, are 
added to read as follows: 

(e) Bureau of the Budget approval . 
The reporting and record-keeping re¬ 
quirements of this order have been ap¬ 
proved by the Bureau of the Budget, in 
accordance with the Federal Reports Act 
of 1942. 

(f) Records. Every person making a 
sale of solid fuel for which a maximum 
price is set by this order shall keep a 
record thereof, showing the date, the 
name and address of the buyer if known, 
the per-net-ton price charged, and the 
solid fuel sold. The solid fuel shall be 
identified in the manner in which it is 
described in the order. The record shall 
also separately state each service ren¬ 
dered and the charge made for it. 

(g) Special service charges. If in con¬ 
nection with a sale and delivery of coal 
made by you in the area covered hereby 
you, at the request of the purchaser, 
perform any one or more of the special 
services set forth below, the maximum 
prices which you may charge for such 
special services are those stated below: 

(I) Special service charges: 



Per ton 

Per half 
ton 

“Wbeel-in” or “carry-in”. 

$0.60 

$0.35 

“Pull-back” or “trimming”. 

.25 

.15 

“Carrying up or down stairs”. 

1.00 

.60 

“Oil or chemical treatment”. 

.25 

.15 


(2) “Wheel In” or “Carry-in” means 
to transport coal from the vehicle in 
which delivery is made c.7 from the near¬ 
est accessible point of dumping or un¬ 
loading and place the same in the buyer’s 
bin or storage space, when the physical 
condition of the premises is such as to 
prevent dumping or unloading directly 
into such bin or storage space. 

(3) “Pull-back” or “Trimming” means 
to arrange and place coal in the buyer’s 
bin by rehandling the same for the pur¬ 
pose of filling the bin; and the service 1 
charge for such “pull-back” or “trim¬ 
ming” shall apply only to the amount of 
coal so rehandled. 

(4) “Carrying up or down stairs” 
means, generally, the labor involved in 
carrying coal up or down stairs for de¬ 
positing in customer’s bln or storage 
space. 

(6) “Delivered” means placed in the 
buyer’s bin or storage space by dumping, 
chuting, or shoveling directly from the 
seller’s truck or vehicle, or where such 


delivery to the buyer’s bin or storage 
space is physically impossible, by dis¬ 
charging at the point nearest and most 
accessible to the buyer’s bin or storage 
space at which the coal can be dis¬ 
charged directly from the seller’s truck. 

(h) Additional charge for delivering 
beyond area. For a delivery made to a 
place beyond the area within which the 
seller has heretofore customarily made 
free delivery, an additional charge not 
in excess of any such additional delivery 
charge regularly and customarily made 
in December, 1941, may be added to the 
specific maximum prices established by 
this order. A dealer who was not in 
business in December. 1941, or who if in 
business during that time made no such 
extra-area deliveries, may take as addi¬ 
tional delivery charge the charge of his 
nearest competitor who was established 
in business and did make such extra-area 
deliveries in December, 1941. 

(i) Licensing. The provisions of Li¬ 
censing Order No. 1, licensing all persons 
who make sales under price control, are 
applicable to all sellers subject to this 
regulation or order. A seller’s license 
may be suspended for violations of the 
license or of one or more applicable price 
schedules or regulations. A person 
whose license is suspended may not, dur¬ 
ing the period of suspension, make any 
sale for which his license has been sus¬ 
pended. 

3. Effective date. This Amendment 
No. 1 shall become effective retroactively 
as of November 30, 1943, as to the in¬ 
creases in specific maximum prices; and 
as to all other provisions contained 
herein, this Amendment No. 1 shall be¬ 
come effective on the 7th day of January 
1944. 

(56 Stat. 23, 765; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F.R. 7871, and E.O. 
9328, 8 F.R. 4681) 

Jssued this 7th day of January 1944. 

Clem W. Collins, 
Regional Administrator. 

[F. R. Doc 44-1784; Filed, February 5, 1944; 

4:44 p. m-l 


List of Community Ceiling Price 

Orders 

The following orders under Revised 
General Order 51 were filed with the 
Division of the Federal Register on Feb¬ 
ruary 4, 1944. 

REGION IV 

Atlanta/ Order No. 1-F, Amendment 5, filed 
12:25 p. m. 

Atlanta, Order No. 1-F. Amendment 6, filed 
12:25 p. m. 

Atlanta, Order No. S-F, Amendment 3, filed 
12:25 p. m. 

Atlanta, Order No. 3-F, Amendment 4, filed 
12:24 p. m. • 

Atlanta, Order No. 5-F, Amendment 2, filed 
12:25 p. in. 

Atlanta, Order No. 5-F. Amendment 3, filed 
12:21 p. m. 

Nashville, Order No. 6-F, Amendment 3, 
filed 12:26 p. m. 

REGION V 

fit. Louis, Rev. Order No. 2-F, filed 12:24 
p. m. 

8t. Louis, Rev. Order No. 1-F, filed 12:25 
p. m. 


REGION VI 

Green Bay, Order No. 1-F, Amendment 1, 
filed 12:35 p. m. 

Green Bay, Order No. 2-F. Amendment 1, 
filed 12:35 p. m. 

La Crosse, Order No. 2-F. filed 12:35 p. m. 

Peoria, Order No. 1-F, filed 12:24 p, m. 

Springfield, Order No. 24, filed 12:23 p. m. 

Springfield. Order No. 26, filed 12:27 p. hi. 

Springfield. Order No. 26, filed 12:27 p. m. 

Springfield, Order No. 27, filed 12:27 p. m. 

Springfield. Order No. 28, filed 12:28 p. m. 

Springfield, Order No. 29. filed 12:28 p. m. 

REGION VIII 

Phoenix. Order No. 3-F, Amendment 4, 
filed 12:34 p. m. 

Phoenix, Order No. 4-F, Amendment 4, 
filed 12:34 p. m. 

Phoenix. Order No. 10, Amendment 1, filed 
12:35 p. m. 

San Diego, Order No. 1-F. Amendment 20, 
filed 12:26 p. m. 

Seattle, Order No. 1-P, filed 12:26 p. m. 

Copies of these orders may be obtained 
from the issuing offices. 

Ervin H. Pollack, 
Secretary. 

IF R. Doc. 44-1842: Filed. February 7, 1944: 

11:39 a. m.] 


SECURITIES AND EXCHANGE COM¬ 
MISSION. 

(File No. 70-8441 

Central Ohio Light and Power Co. 

ORDER GRANTING APPLICATION 

At a regular session of the Securities 
and Exchange Commission, held at its 
office in the City of Philadelphia, Penn¬ 
sylvania, on the 3d day of February, 
A. D. 1944. 

Central Ohio Light & Power Company, 
an electric utility company and a sub¬ 
sidiary of Crescent Public Service Com¬ 
pany, a registered holding company, 
having filed an application and amend¬ 
ments thereto pursuant to section 6 <b) 
of the Public Utility Holding Company 
Act of 1935 for exemption from the 
provisions of section 6 (a) of said act 
of the issue and sale of $4,300,000 prin¬ 
cipal amount of First Mortgage 3*4 % 
Bonds, Series A, due February 1, 1974. 
the sales price of such bonds to be fixed 
by competitive bidding pursuant to Rule 
U-50 of said act; 

Public hearings on such matter having 
been held, after appropriate notice, the 
Commission having considered the rec¬ 
ord and having made and filed its find¬ 
ings and opinion herein; 

It is ordered , That the said applica¬ 
tion, as amended, be, and it hereby is, 
granted, subject, however, to the terms 
and conditions prescribed in Rule U-24 
and the further conditions that: 

1. Said proposed issuance and sale of 
securities shall not be consummated 
until the results of the competitive 
bidding pursuant to Rule U-50 have 
been made a matter of record in this 
proceeding and a further order shall ha^e 
been entered by this Commission in tnt 
light of the record as to completed, which 
order may contain further terms ana 
conditions as may then be deemed ap- 


















1557 


FEDERAL REGISTER, Tuesday, February 8, 1944 


propriate, jurisdiction being reserved for 
the imposition thereof in connection 
with the proposed transactions; 

2. During the calendar year 1944, no 
dividends in excess of the sum of $50,- 
000 shall be 0 declared or paid on the 
Common Stock of Central Ohio Light & 
Power Company, and that so long as any 
of the First Mortgage 3 V 2 % Bonds, Series 
A, due February 1. 1974, shall be un¬ 
redeemed and outstanding or until 
further order of the Commission, no 
further dividend shall be declared or paid 
on the said Common Stock except on 
application to. and approval by order of, 
the Commission. 

By the Commission. 

I seal] Orval L. DuBois, 

Secretary . 

[P. R. Doc. 44-1745; Piled, February 4, 1944; 

2:43 p. m,J 


[File Nos. 54-89, 59-25, 54-33] 

The United Corporations 

NOTICE OF FILING AND ORDER FOR HEARING 

At a regular session of the Securities 
and Exchange Commission, held at its 
office in the City of Philadelphia, Penn¬ 
sylvania, on the 2d day of February 
1944. 

In the matter of The United Corpo¬ 
ration, applicant. File No. 54-89; The 
United Corporation, respondent, File No. 
59-25; The United Corporation, appli¬ 
cant, File No. 54-33. 

Notice is hereby given that The United 
Corporation (“United”), a registered 
holding company, has filed an applica¬ 
tion for approval of a plan under sec¬ 
tion 11 (e) of the Public Utility Hold¬ 
ing Company Act of 1935 proposing ac¬ 
tion described as necessary to effectuate 
the provisions of section 11 (b) of the 
act. and for the approval of incidental 
and related transactions; 

The transactions proposed in said 
plan are further described as a step in 
compliance with the Commission’s Or¬ 
der of August 14. 1943, pursuant to sec- 
lion 11 (b) (2) of the act, directing 
United to change its existing capital¬ 
ization to one class of stock, namely 
common stock, and to take such action, 
in a manner consistent with the provi¬ 
sions of said act. as will cause it to 
cease to be a holding company; 

All interested persons are referred to 
said plan which is on file in the office 
of the Commission for a full statement 
of the transactions therein proposed 
which may be summarized as follows: 

<1) United has outstanding 2,488,- 
712 shares of $3 Cumulative Preference 
Stock with a voluntary, and involuntary 
liquidating value of $50 per share. At 
December 31, 1943, accrued and unpaid 
dividends on said shares of Preference 
Stock aggregated $12,443,560, or $5.00 per 
share. On January 19, 1944, a dividend 
of $1.25 per sliare was declared payable 
February 14, 1944. Ignited proposes to 
offer to exchange for each such share, up 
to and including 1,244,356 shares of said 
outstanding Preference Stock, the fol¬ 
lowing; 


(a) 1 y 2 shares of common stock of Phila¬ 
delphia Electric Company, 

(b) y 4 share of the common stock of Dela¬ 
ware Power & Light Company, and 

(C) $3.75 in cash. 

(2) The offer of exchange is proposed 
to be made with respect to all rights and 
claims represented by each share of 
United's $3 Cumulative Preference Stock 
delivered f<5r exchange, including any 
and ail rights and claims to accrued and 
unpaid dividends thereon. 

(3) If the provisions of the plan are 
approved by the Commission, it is 
proposed that the offer of exchange 
be mailed to holders of the $3 Cumulative 
Preference Stock, and that the offer re¬ 
main open for a minimum period of 10 
days after such mailing. If, during said 
10-day period, more than 1,244,356 shares 
of the Preference Stock, to which num¬ 
ber of shares the offer is limited, shall 
have been tendered for exchange, it is 
proposed that a pro-rata distribution of 
the securities and cash to be exchanged 
shall be made among all holders who 
have tendered Preference Stock, on the 
basis of the total number of shares of 
Preference Stock tendered. If less than 
1.244,356 shares of the Preference Stock 
shall have been tendered during said 10- 
day period, it is proposed that the ex¬ 
change be made for all shares of Pref¬ 
erence Stock which shall have been 
tendered and that the offer shall there¬ 
after remain open, on a “first come, first 
served” basis, for an additional period 
of 60 days which the Board of Directors 
may in its discretion and upon further 
notice to holders of the Preference Stock 
extend for a further 60-day period. 

(4) The plan further provides that the 
offer may be accepted only by the de¬ 
posit with a depositary to be designated 
by United of the certificates of the shares 
of $3 Cumulative Preference Stock to 
be exchanged. Upon presentation by the 
holder of certificates of the shares of $3 
Cumulative Preference Stock to the de¬ 
positary for exchange, the depositary will 
deliver to such holder, as soon as prac¬ 
ticable, certificates for the aggregate 
number of shares of Philadelphia Elec¬ 
tric Company common stock and Dela¬ 
ware Power & Light Company common 
stock, respectively, together with the cash 
payment, to which such holder shall be 
entitled under the proposed exchange 
offer. 

(5) It is further proposed that in lieu 
of fractional shares of Philadelphia Elec¬ 
tric Company common stock and Dela¬ 
ware Power & Light Company common 
stock payments in cash will be made on 
the basis of the closing market price on 
a designated day or the average closing 
market price on three successive desig¬ 
nated days on the New York Stock Ex¬ 
change w ith respect to Philadelphia Elec¬ 
tric Company common stock, and on the 
Philadelphia Stock Exchange with re¬ 
spect to Delaware Power & Light Com¬ 
pany common stock. 

United holds 2,022,074 shares of Phil¬ 
adelphia Electric Company common 
stock, representing 19.3% of said com¬ 
pany’s outstanding voting securities. By 
virtue of United's ownership of 6,066,223 
shares of the common stock of The 
United Gas Improvement Company, 


United expects to receive 303,311%o 
shares of the common stock of Dela¬ 
ware Power & Light Company, represent¬ 
ing 26.1% of the outstanding voting se¬ 
curities of said company, as a partial 
distribution of capital by The United 
Gas Improvement Company, pursuant 
to a supplemental plan approved by an 
order of the Commission dated Decem¬ 
ber 28, 1943, and subject to the approval 
of stockholders of The United Gas Im¬ 
provement Company at a meeting sched¬ 
uled for February 29, 1944. If the plan 
for which approval is sought by United 
is fully consummated, all of the shares 
of the common stock of Delaware Power 
& Light Company expected to be received 
by United will be disposed of and 
United’s holdings of common stock of 
Philadelphia Electric Company will be 
reduced from 2,022,074 shares to approx¬ 
imately 155.540 shares, or 1.5% of the 
outstanding voting securities of said 
company. In addition, United’s out¬ 
standing shares of $3 Cumulative Pref¬ 
erence Stock will be reduced from 2,488,- 
712% shares to 1,244,356% shares. 
Shares of Preference Stock to be re¬ 
ceived by United pursuant to the ex¬ 
change offer are proposed to be retired 
in accordance with the applicable pro¬ 
visions of the General Corporation Law 
of the State of Delaware. 

The Commission being required by the 
provisions of section 11 (e) of the act, 
before approving any plan submitted 
thereunder, to find after notice and op¬ 
portunity for hearing that such plan, 
as submitted or as modified, is neces¬ 
sary to effectuate the provisions of sub¬ 
section (b) of section 11, and is fair 
and equitable to the persons affected 
by such plan; and it appearing appro¬ 
priate in the public interest and in the 
interests of investors and consumers 
that notice be given and a hearing be 
held with respect to said plan; and 
It further appearing to the Commission 
that all of the evidence with respect to 
The United Corporation holding-com¬ 
pany system adduced in the proceeding 
under section 11 (b) (2) of the act, des¬ 
ignated as File No. 59-25 and consoli¬ 
dated with the proceeding designated as 
File No. 54-33, being the consolidated 
proceeding in which the Commission en¬ 
tered its order dated August 14. 1943, 
may have a bearing upon the issues pre¬ 
sented by said plan, and that a substan¬ 
tial saving of time and expense will result 
if such evidence adduced in said prior 
proceeding is used in connection with the 
consideration of the issues raised by said 
plan: # 

It is ordered , That the portion of the 
record of the consolidated proceeding 
designated as File Nos. 59-25 and 54-33, 
commencing with the hearing of Decem¬ 
ber 11, 1941, and including all of the 
record thereafter made in said consoli¬ 
dated proceeding, be, and hereby is, in¬ 
corporated into the record of the pro¬ 
ceeding with respect to said plan, and 
that the records in said consolidated pro¬ 
ceeding and in this proceeding be, and 
hereby are, consolidated, subject, how¬ 
ever, and without prejudice, to the Com¬ 
mission’s right, upon its own motion or 
the motion of any interested party, to 
either strike such portion of the record 








1558 FEDERAL REGISTER, Tuesday, February 8, 1944 


in respect of said prior proceeding under 
section 11 (b) (2) as may be deemed ir¬ 
relevant to the issues raised by said plan, 
or to add to the record of this proceed¬ 
ing any additional portion of the record 
in said prior proceeding as may be 
deemed relevant to the issues raised by 
said plan. 

It is further ordered. That a hearing 
under the applicable provisions of the 
act and rules thereunder be held at 10 
a. m., e. w. t., on the 7th day of March, 
1944, in the offices of the Securities and 
Exchange Commission, 18th and Locust 
Streets, Philadelphia, Pennsylvania, in 
such room as may be designated on that 
day by the hearing room clerk in Room 
818. 

It is further ordered, That Richard 
Townsend, or any other officer or officers 
of the Commission designated by it for 
that purpose, shall preside at the hear¬ 
ings in such matter. The officer so des¬ 
ignated to preside at any such hearing 
is hereby authorized to exercise all the 
powers granted to the Commission under 
section 18 (c) of said act and to a Trial 
Examiner under the Commission’s Rules 
of Practice. 

It is further ordered , That notice of 
said hearing be given to The United 
Corporation by mailing a copy of this 
notice and order forthwith by registered 
mail, and that notice be given to all other 
persons by a general release by the Com¬ 
mission distributed to the press and 
mailed to the mailing list for releases 
issued under the act, and by publication 
of this notice and order in the Federal 
Register; and 

It is further ordered, That The United 
Corporation shall give appropriate notice 
of this hearing, in such form as the 
Commission may hereafter approve, to 
all of the holders of its Common and 
Preference Stock (insofar as the identity 
of such holders is known or available to 
United) at least twenty days prior to 
March 7, 1944. 

It is further ordered, That any person 
desiring leave to be heard or otherwise 
wishing to participate in these proceed¬ 
ings shall notify the Commission on or 
before March 2, 1944 in the manner pro¬ 
vided by Rule XVII of the Commission’s 
Rules of Practice. 

It is further ordered, That, without 
limiting the scope of the issues presented 
by said plan, as submitted or as modified, 
particular attention will be directed at 
said hearing to the following matters 
and questions: 

(1) Whether the plan, as submitted 
or as.modified, is necessary to effectuate 
the provisions of section 11 (b) of the 
act; 

(2) Whether the proposed plan, as 
submitted or as modified, is fair and 
equitable to the persons affected by said 
plan; 

(3) Whether the transactions pro¬ 
posed in said plan comply with all of 
the requirements of the applicable pro¬ 
visions of the act and rules promulgated 
thereunder; 

(4) Whether the fees, expenses and 
other considerations to be paid or re¬ 
ceived, directly or indirectly, in connec¬ 
tion with the proposed plan and the 
transactions incidental thereto, are for 


necessary services or purposes, reason¬ 
able in amount, and properly allocated; 

(5) Whether, and to what exent, the 
proposed plan should be modified or 
terms and conditions imposed to ensure 
adequate protection of the public In¬ 
terest and the interests of investors and 
consumers and compliance with all ap¬ 
plicable provisions of the act. 

By the Commission. 

[seal] Orval L. DuBois, 

Secretary . 

[F. R. Doc. 44-1743; Filed, February 4, 1944; 

2:43 p. m.J 


[File Nos. 59-39. 54-50) 

North American Light and Power Co., 
and the North American Co. 

notice of filing and order for hearing 

At a regular session of the Securities 
and Exchange Commission held at its 
office in the City of Philadelphia, Pa., 
on the 3d day of February 1944. 

In the matter of North American Light 
& Power Company, Holding-Company 
System, and The North American Com¬ 
pany, File No. 59-39; North American 
Light & Power Company, File No. 54-50. 

The Commission on December 30,1941, 
having entered an order pursuant to sec¬ 
tion 11 (b) (2) of the Public Utility Hold¬ 
ing Company Act of 1935 directing that 
North American Light & Power Com¬ 
pany, a registered holding company and 
a subsidiary of The North American 
Company, also a registered holding com¬ 
pany, be liquidated and its existence ter¬ 
minated, and further directing that 
North American Light & Power Company 
and The North American Company shall 
proceed with due diligence to submit to 
this Commission a plan or plans for the 
prompt liquidation of North American 
Light & Power Company in a manner 
consistent with the provisions of the 
Public Utility Holding Company Act of 
1935 (see File No. 59-39); and said order 
having provided that before said com¬ 
panies take any step or action for the 
purpose of enabling North American 
Light & Power Company to comply with 
the provisions of said order such step or 
action shall be the subject of an appli¬ 
cation or applications to this Commission 
for the entry of necessary or appropri¬ 
ate orders; and 

North American Light & Power Com¬ 
pany both on its own behalf and in con¬ 
junction with Illinois Traction Company, 
a registered holding company and a sub¬ 
sidiary of North American Light & Power 
Company, having previously filed several 
applications in the above styled and 
numbered proceedings relating to va¬ 
rious transactions which had as their ob¬ 
jective compliance with the afotesaid 
order, some of which applications have 
been granted and some of which are still 
pending; 

Notice is hereby given that on Jan¬ 
uary 10, 1944, Ulinois Traction Company 
and North American Light & Power Com¬ 
pany filed a joint application designated 
as application No. 9 in the above styled 
and numbered proceedings. All inter¬ 
ested persons are. referred to said joint 
application which is on file in the office 


of said Commission for a full statement 
of the transaction therein proposed, 
which may be summarized as follows: 

Illinois Traction Company proposes to 
retire all of its publicly held 6% cumu¬ 
lative preferred stock, consisting of 210 
shares, at par, or $100 per share, plus 
dividends accrued from January 1, 1933 
to January 1, 1944. The amount re¬ 
quired for this purpose is approximately 
$40,000. 

The joint application states that the 
transaction is part of a general plan of 
liquidating and dissolving North Ameri¬ 
can Light & Power Company and of in¬ 
tegrating its holding company system. 

It appearing to the Commission that 
it is appropriate in the public interest 
and in the interest of investors and con¬ 
sumers that a hearing be held for the 
purpose of considering said joint applica¬ 
tion, 

It is ordered. That a hearing on such 
matter be held at the offices of the Secur¬ 
ities and Exchange Commission, 18th 
and Locust Streets, Philadelphia, Penn¬ 
sylvania, on the 17th day of February, 
1944, at 10:00 a. m. in such room as may 
be designated at such time by the hear¬ 
ing room clerk in Room 318. All per¬ 
sons desiring to be heard or otherwise 
wishing to participate should notify the 
Commission in the manner provided in 
Rule XVn of the Commission’s rules of 
practice on or before February 14, 1944. 

It is further ordered, That Robert P. 
Reeder or any other officer or officers 
of the Commission designated by it for 
that purpose shall preside at the hear¬ 
ing ordered herein. The officer so des¬ 
ignated to preside at any such, hear¬ 
ing is hereby authorized to exercise all 
powers granted to the Commission un¬ 
der section 18 (c) of said act and to a 
Trial Examiner under the Commission’s 
rules of practice. 

It is further ordered. That the Secre¬ 
tary of this Commission shall serve no¬ 
tice of this order by mailing a copy 
thereof by registered mail to Illinois 
Traction Company, North American 
Light & Power Company, and Illinois 
Power Company, and that notice shall 
be given to all other persons by publica¬ 
tion thereof in the Federal Register. 

It is further ordered, That without 
limiting the scope of the issues pre¬ 
sented by said joint application, partic¬ 
ular attention shall be directed at said 
hearing to the question whether the 
proposed acquisition at the stipulated 
price is consistent with the applicable 
standards of the act. 

By the Commission. 

[seal! Orval L. DuBois, 

Secretary. 

[F. R. Doc. 44-1744; Filed. February 4, 1944; 

2:43 p. m.l 


[File No. 70-8121 

Consolidated Electric and Gas Co. and 
Central Illinois Electric and Gas Co. 

order permitting declarations to become 
effective, granting applications IN 
part, and reserving jurisdiction 

At a regular session of the Securities 
and Exchange Commission, held at its 









FEDERAL REGISTER, Tuesday, February 8, 1944 


office in the City, of Philadelphia, Penn¬ 
sylvania, on the 4th day of February 
1944. 

Consolidated Electric and x Gas Com¬ 
pany, a registered holding company, and 
its utility subsidiary. Central Illinois 
Electric and Gas Co., having filed joint 
applications and declarations pursuant 
to the Public Utility Holding Company 
Act of 1935, and particularly sections 6, 
7. 9, 10, 11 (eV, 12 (c), 12 (d), and 12 (f) 
of said act and the rules promulgated 
thereunder, whereby authorization is 
sought for the proposed issuance by Cen¬ 
tral Illinois Electric and Gas Co. of 
400,000 shares of common stock of the 
par value of $15 per share, the transfer 
and delivery of all said stock to Con¬ 
solidated Electric and Gas Company in 
substitution for the 74.240 shares of com¬ 
mon stock of Central Illinois Electric and 
Gas Co. without par value presently 
owned by Consolidated Electric and Gas 
Company, the surrender of said pres¬ 
ently outstanding stock without par 
value by Consolidated Electric and Gas 
Company to Central Illinois Electric and 
Gas Co., the acquisition by Consolidated 
Electric and Gas Company from Central 
Illinois Electric and Gas Co. in consid¬ 
eration of said surrender of stock of said 
400,000 shares of new' $15 par value stock, 
and the reacquisition and retirement by 
Central Illinois Electric and Gas Co. of 
said presently outstanding no par value 
stock; 

Consolidated Electric and Gas Com¬ 
pany having also applied for approval 
of a plan submitted by it pursuant to 
section 11 (e) of said act, by which plan 
* it proposes to sell, through competitive 
bidding pursuant to Rule U-50 of this 
Commission, the 400,000 shares of $15 
par value stock so to be acquired by it 
from Central Illinois Electric and Gas Co. 
and to apply the proceeds received from 
such sale to the satisfaction of certain 
of its outstanding bonded debt; 

A public hearing having been held, 
after appropriate notice, upon said appli¬ 
cations and declarations, as amended, 
and the Commission having considered 
the record and made and filed its find¬ 
ings and opinion herein; 

It is ordered , That said applications 
and declarations in respect of the re¬ 
classification of the common stock or 
Central Illinois Electric arffi Gas Co. 
presently oWned by Consolidated Elec¬ 
tric and Gas Company, to be effected in 
the manner hereinabove summarized be, 
and they are hereby, respectively, 
granted and permitted to become effec¬ 
tive forthwith subject to the terms and 
conditions prescribed by Rule U-24; 

It is further ordered , That the appli¬ 
cation of Consolidated Electric and Gas 
Company for approval of the plan sub¬ 
mitted by it pursuant to section 11 (e) 
of said act for the saje by said company 
of the reclassified stock of Central Illi¬ 
nois Electric and Gas Co. and the appli¬ 
cation of the proceeds thereof, as here¬ 
inabove summarized, be, and the same is 
hereby, granted and approved In respect 
of the carrying out of the competitive 
bidding procedure proposed, subject to 
the terms and conditions set forth in 
Rule U-24, but, in all other respects, in¬ 
cluding the proposed definitive sale by 
No. 27-9 


Consolidated Electric and Gas Company 
of said reclassified stock of Central Illi¬ 
nois Electric and Gas Co. and the appli¬ 
cation of the proceeds of such sale, juris¬ 
diction is reserved pending the issuance 
of such further order or orders as the 
Commission may deem proper upon com¬ 
pletion of the record by the incorpora¬ 
tion of evidence as to the results of the 
competitive bidding, the price and other 
terms of any public offering proposed to 
be made of the stock, the reasonableness 
of fees and expenses, and such other 
evidence as may be appropriately re¬ 
ceived; 

It is further ordered. That the ten day 
minimum period prescribed by Rule U-50 
for reception of competitive bids in re¬ 
spect of the reclassified stock of Central 
Illinois Electric and Gas Co. be, and the 
same is hereby, reduced to a minimum 
period, of eight days. 

By the Commission. 

fSEALl ORVAL L. DuBOIS, 

Secretary. 

[F. R. Doc. 44-1754; Filed. February 5, 1944: 

10:36 a. m.] 


(File No. 70-752] 

Electric Power and Light Corp. 

NOTICE OF FILING AND ORDER FOR HEARING 

At a regular session of the Securities 
and Exchange Commission held at its 
office in the City of Philadelphia, Penn¬ 
sylvania, on the 5th day of February, 
A. D. 1944. 

Notice is hereby given that an amend¬ 
ment to the application or declaration 
filed in the above matter has been filed 
with this Commission pursuant to the 
Public Utility Holding Company Act of 
1935 by Electric Power & Light Corpora¬ 
tion (“Electric”). All interested persons 
are referred to said document which is 
on file in the office of this Commission 
for a statement of the transaction therein 
proposed, which is summarized as fol¬ 
lows: 

On October 26, 1943, this Commission 
entered an order in the above proceed¬ 
ings (Holding Company Act Release No. 
4644) authorizing Electric to use the pro¬ 
ceeds of the sale of the common stock of 
Idaho Power Company for the acquisi¬ 
tion and retirement of Electric's Gold 
Debentures 5% Series due 2020. Electric 
in the present amendment proposes to 
use a portion of such proceeds to pur¬ 
chase all or any part of the present pub¬ 
licly held 65,167 shares of $6 First Pre¬ 
ferred Stock of Mississippi Power & Light 
Company properly tendered to Electric 
for such purpose within a period of four 
months after the date of the order of 
this Commission made in connection 
herewith. The price to be paid by Elec¬ 
tric for such shares will be $100.00 per 
share, plus an amount equivalent to 
dividends at the rate of $6.00 per share 
per annum from the last date as of which 
dividends have been paid to the date of 
tender. In the event that any shares are 
tendered after a record date for the pay¬ 
ment of a current quarterly dividend but 
before the payment thereof the amount 
to be paid by Electric for such shares will 
be $100 per share less an amount equiva¬ 


1559 

lent to dividends at the foregoing rate 
from the date of tender to the end of the 
current dividend period, and on the divi¬ 
dend payment date Mississippi Pow T er & 
iSght Company will pay the full quarterly 
dividend to the record holder of such 
shares on the record date. 

It is proposed that Electric will acquire 
any of such shares of preferred stock of 
Mississippi Power & Light Company upon 
the terms and conditions set out above 
as may be available to it for purchase 
whether or not such shares are acquired 
in direct response to the invitation of 
tenders which will be sent to the holders 
of such shares. 

It is further proposed that the cash for 
the payment of the amount equivalent 
to dividends on said shares of preferred 
stock will be supplied from the general 
corporate funds of Electric. 

It appearing to this Commission that 
it is appropriate in the public interest 
and in the interest of investors and con¬ 
sumers that a hearing be held with re¬ 
spect to said matters, and that said ap¬ 
plication and declaration as amended 
shall not be granted or permitted to be¬ 
come effective except pursuant to fur¬ 
ther order of this Commission: 

It is ordered . That a hearing on said 
matters under the applicable provisions 
of said act and the rules of this Com¬ 
mission thereunder be held on February 
16, 1944, at 10:C0 a. m., e. w. t., at the 
offices of the Securities and Exchange 
Commission, 18th and Locust Streets, 
Philadelphia, Pennsylvania. On such 
date the hearing room clerk in Room 318 
will advise as to the room in which said 
hearing will be held. At such hearing 
cause shall be shown why such declara¬ 
tion as amended should be permitted to 
become effective and such application as 
amended granted; 

It is further ordered , That the Secre¬ 
tary of this Commission shall serve no¬ 
tice of said hearing by mailing copies 
of this order to the above-named parties 
and that notice of said hearing be given 
to all other persons by publication of a 
copy of this order in the Federal Reg¬ 
ister. Any person desiring to be heard 
in connection with this proceeding or 
proposing to intervene herein shall file 
with the Secretary of the Commission, 
on or before February 14, 1944, his re¬ 
quest or application therefor, as pro¬ 
vided by Rule XVII of the rules of prac¬ 
tice of this Commission: 

It is further ordered. That Henry C. 
Lank or any other officer or officer* of 
this Commission designated by it for that 
purpose, shall preside at such hearing. 
The officer so designated to preside at 
such hearing is hereby authorized to ex¬ 
ercise all powers granted to the Com¬ 
mission under section 18 (c) of the act 
and to a trial examiner under the Com¬ 
mission's rules of practice. 

It is further ordered , That, without 
limiting the scope of the issues presented 
by said application and declaration as 
amended, particular attention will be di¬ 
rected at the hearing to the following 
matters and questions: 

1. Whether the consideration to ba 
paid by Electric, including all fees, com¬ 
missions or other remunerations, for the 
shares of the preferred stocks of Missis- 








1560 


FEDERAL REGISTER, Tuesday , February 8, 1944 


sippi proposed to be acquired is reason¬ 
able and bears a fair relation to the sums 
invested in or the earning capacity of the 
utility assets underlying said preferred 
stocks. 

2. Whether the proposed acquisition 
will unduly complicate the capital struc¬ 
ture of the holding company system of 
Electric or will be detrimental to the 
public'interest or the interest of investors 
or consumers or the proper functioning 
of such holding company system. 

3. Whether the proposed acquisition 
is detrimental to the carrying out of the 
provisions of section 11 and particularly 
whether it is appropriate for compliance 
by Electric with the order of dissolution 
entered by this Commission on August 
22, 1942. 

4. Whether the proposed acquisition 
will tend toward the economical and effi¬ 
cient development of an integrated pub¬ 
lic utility system. 

5. Whether the proposed method of ac¬ 
quisition of said shares of preferred stock 
of Mississippi and the terms and condi¬ 
tions thereof are in compliance with ap¬ 
plicable statutory standards and partic¬ 
ularly whether they would be fair and 
equitable to all persons affected thereby. 

6. Whether, if the transaction pro¬ 
posed is authorized by this Commission, 
it is necessary or appropriate in the pub¬ 
lic interest or for the protection of in¬ 
vestors or consumers to impose any terms 
and conditions and, if so, what terms 
and conditions should be imposed. 

By the Commission. 

[seal! - Orval L. DuBois, 

Secretary . 

IP. R. Doc. 44-1801; Piled, February 7, 1944; 

* 10:09 am.] 


[Pile No. 70-8491 

Indiana & Michigan Electric Company 

NOTICE OF FILING AND ORDER FOR HEARING 

At a regular session of the Securities 
and Exchange Commission, held at its 
office in the City of Philadelphia, Penn¬ 
sylvania. on the 5th day of February, 
A. D. 1944. 

Notice is hereby given that a declara¬ 
tion or application (or both) has been 
filed with this Commission pursuant to 
the Public Utility Holding Company Act 
of 1935 by Indiana & Michigan Electric 
Company (hereinafter referred to as 
“Indiana Michigan"), a subsidiary of 
American Gas and Electric Company, a 
registered holding company. All in¬ 
terested persons are referred to said 
document which is on file in the office of 
this Commission, for a statement of the 
transaction therein proposed, which is 
summarized as follows: 

Indiana Michigan proposes to create 
a Capital Surplus Account of $2,000,000 
by a charge of like amount to its Com¬ 
mon Capital Stock Account without any 
change in the number of shares of said 
stock now outstanding. It is also pro¬ 
posed that Indiana Michigan will, upon 
order of Other regulatory bodies having 
jurisdiction over the accounts of the 
company, make various accounting ad¬ 
justments in order to dispose of inflation¬ 


ary items presently included in its plant 
accounts which among other things will 
exhaust the capital surplus so created. 

It appearing to the Commission that 
it is appropriate in the public interest 
and in the interest of investors and con¬ 
sumers that a hearing be held with re¬ 
spect to said declaration or application 
(or both), and that said declaration or 
application (or both), shall not become 
effective or be granted except pursuant 
to further order of the Commission. 

It is ordered. That a hearing on said 
declaration or application (or both) un¬ 
der the applicable provisions of the act 
and the rules of the Commission there¬ 
under be held on February 14, 1944, at 
10:00 a. m., e. w. t., in the offices of the 
Securities and Exchange Commission, 
18th and Locust Streets, Philadelphia, 
Pennsylvania. On such day, the hear¬ 
ing room clerk in Room 318 will advise 
as to the room in which such hearing 
will be held. 

It is further ordered , That Robert P. 
Reeder or any other officer or officers of 
the Commission designated by it for that 
purpose shall preside at such hearing. 
The officer so designated to preside at 
such hearing is hereby authorized to 
exercise all powers granted to the Com¬ 
mission under section 18 (c) of said act 
and to a trial examiner under the Com¬ 
mission’s rules of practice. 

It is further ordered, That any other 
person desiring to be heard in connec¬ 
tion with these proceedings or proposing 
to intervene herein shall file with the 
Secretary of the Commission, on or be¬ 
fore February 12, 1944, his request or 
application therefor as provided by Rule 
XVII of the rules of practice of the 
Commission. 

It is further ordered, That, without 
limiting the scope of issues presented by 
said declaration or application (or both) 
otherwise to be considered in this pro¬ 
ceeding, particular attention will be di¬ 
rected at the hearing to the following 
matters and questions: 

(1) Generally, whether the proposed 
transactions comply with the applicable 
provisions of the Public Utility Holding 
Company Act of 1935, and all rules and 
regulations promulgated thereunder and 
particularly whether the proposed re¬ 
duction of Common Capital Stock 
liability is detrimental to the public in¬ 
terest or the interests of investors or 
consumers. 

(2) What terms and conditions, if 
any, are necessary or appropriate in the 
public interest or the interests of in¬ 
vestors or consumers to ensure com¬ 
pliance with the requirements of the 
Holding Company Act or any rules, reg¬ 
ulations or orders promulgated there¬ 
under. 

By the Commission. 

[seal] # OrvalIl. DuBois, 

Secretary . 

IP. R. Doc. 44-1800; Piled. February 7, 1944; 

10:09 a. m.] 


[File No. 812-3461 
Alleghany Corp., et al. 

NOTICE OF AND ORDER FOR HEARING 

At a regular session of the Securities 
and Exchange Commission held at its 
office in the City of Philadelphia, Pa., on 
the 5th day of February, A. D. 1944. 

In the matter of Alleghany Corpora¬ 
tion. The Pittston Company, The Chesa¬ 
peake and Ohio Railway Company, and 
Western Pocahontas Corporation, File 
No. 812-346. 

An application having been filed by 
The Pittston Company pursuant to sec¬ 
tion 17 (b) of the Investment Company 
Act of 1940 for an order exempting from 
the provisions of section 17 (a) <2) of 
said act a proposed transaction whereby 
The Pittston Company will exchange its 
Common and new Preferred Stock for its 
Class B Preference Stock and Common 
Stock, respectively, held by Alleghany 
Corporation, The Chesapeake and Ohio 
Railway Company and Western Poca¬ 
hontas Corporation, to the extent that 
they elect to accept the exchange offer. 
This exchange offer is part of a general 
proposal by The Pittston Company to 
reconstitute its outstanding Class B 
Preference Stock as new Preferred Stock 
and to offer to all holders of shares of 
outstanding Common Stock and Class B 
Preference Stock the right to exchange 
said shares for the new Preferred Stock 
and for Common Stock, respectively, 
upon the basis of the average of the clos¬ 
ing sales prices of said outstanding shares 
for the 30 days next preceding the ex¬ 
change offer. Alleghany Corporation is 
a registered investment company, The 
Pittston Company is controlled by Alle¬ 
ghany Corporation, The Chesapeake and 
Ohio Railway Company is an affiliated 
person of Alleghany Corporation and 
Western Pocahontas Corporation is an 
affiliated person of an affiliated person of 
Alleghany Corporation. 

It is ordered, Pursuant to section 
"40 (a) of said act, that a hearing on 
the aforesaid application be held on 
February 14, 1944. at 10:00 a. m., eastern 
war time, in Room 318 of the Securi¬ 
ties and Exchange Commission Building, 
18th and Locust Streets, Philadelphia 
3, Pennsylvania. 

It is further ordered, That Charles S. 
Lobingier.^&quire, or any other officer 
or officers of the Commission designated 
by it for that purpose, shall preside at 
such heailng. The officer so designated 
is hereby authorized to exercise all the 
powers granted to the Commission un¬ 
der sections 41 and 42 (b) of the In¬ 
vestment Company Act of 1940 and to 
trial examiners under the Commission’s 
rules of practice. 

Notice of such hearing is hereby given 
to Alleghany Corporation, The Pittston 
Company, The Chesapeake and Ohio 
Railway Company, and Western Poca¬ 
hontas Corporation, and to any other 
persons whose participation in such 
ceeding may^be in the public ini 
or for the protection of investors. 

By the Commission. 

I seal! Orval L. DuBcis. 

Secretary . 

IF. R. Doc. 44-1799; Filed, February 7, 1944; 

10:09 a. m.] 









FEDERAL REGISTER, Tuesday, February 8, 1944 


1561 


SELECTIVE SERVICE SYSTEM. 

[Camp Order 1321 
Laurel Project, Maryland 

ESTABLISHMENT FOR CONSCIENTIOUS 
OBJECTORS 

Pursuant to the authority contained in 
tlie Selective Training and Service Act 
of 1940, as amended, I hereby order: 

1. That the Laurel Project is desig¬ 
nated as work of national importance 
and shall be known as Civilian Public 
Service Camp No. 132. Said project, lo¬ 
cated at Laurel, Prince Georges County, 
Maryland, will be the base of operations 
for work at the District Training School, 
an institution for mental deficients un¬ 
der the Board of Public Welfare of the 
District of Columbia, and registrants un¬ 
der the Selective Training and Service 
Act of 1940, who have been classified by 
their local boards as conscientious ob¬ 
jectors to both combatant and noncom¬ 
batant military service and have been 
placed in Class IV-E, may be assigned 
to said project in lieu of their induc¬ 
tion for military service. 

2. That the men assigned to said Laurel 
project will be engaged in clerical work, 
as attendants, waiters, farm hands, etc., 
and shall be under the direction of the 
Superintendent. District Training School, 
as well as will be the project manage¬ 
ment. Men shall be assigned to and 
retained in camp in accordance with the 
provisions of the Selective Training and 
Service Act of 1940 and regulations and 
orders promulgated thereunder, as well 
as the regulations of the District Train¬ 
ing School. Administrative and direc¬ 
tive control shall be under the Office of 
Assistant Director of Selective Service 
in charge of camp operations. 

Lewis B. Hershey, 

Director . 

February 3, 1944. 

[F. R. Doc. 44-1746; Filed. February 4, 1944; 
2:69 p. m.J 


WAR FOOD ADMINISTRATION. 

Anglo-American Direct Tea Trading 
Co., ET AL. 

designation of qualified distributors 

Pursuant to the authority vested in 
me by Food Distribution Order No. 21, 
§ 1415.1 (c) (D, issued by the Secretary 
of Agriculture on February 15, 1943, as 
amended (8 F.R. 2077, 9 F.R. 150), the 
following persons, who have indicated a 
willingness to act as qualified distribu¬ 
tors of tea and who are, in the judgment 
of the Director, by reason of their ex¬ 
perience, facilities, and personnel, able 
efficiently to distribute tea to packers 
and otherwise to discharge the functions 
and duties which the Director may, frohi 
time to time, specify, are hereby desig¬ 
nated to act as qualified distributors of 
tea: 


Name and Address 

Anglo-American Direct Tea Trading Com¬ 
pany. 99 Wall Street, New York, New York. 

Balfour, Guthrie and Company, Ltd., 67 
Wall Street, New York, N. Y. 

H. L. C. Bendiks, 96 Front Street, New 
York, N. Y. 

Bingham and Company. Inc., 96 Wall 
Street, New York. N. Y. 

Carter, Macy Company, Inc., 37-41 Old 
Slip, New York, N. Y. 

Dcdwell and Company, Ltd., 79 Wall Street, 
New York, N. Y. 

Eppens, Smith Company. Inc., P. O. Box 
898, Church Street Annex. New York, N. Y. 

Jacobus F. Frank, 120 Wall Street. New 
York, N. Y. 

Gravenhorst and Company. 82-92 Beaver 
Street, New York, N. Y. 

James P. Harding and Company, 166 State 
Street, Boston, Mass. 

Hellyer and Company, 435 W. Ontario 
Street, Chicago, Ill. 

Holland-Colombo Trading Society, Inc., 30 
Rockefeller Plaza, New York, N. Y. 

Irwin-Harrlsons-Whitney. Inc., 91 Wall 
Street, New York, N. Y. 

Joensson and Cross, 500 Filth Avenue, New 
York, N. Y. 

Standard Import and Export Company of 
China, 48 West 48th Street, New York. N. Y. 

Stein, Hall and Company, Inc., 295 Madison 
Avenue. New York. N. Y. 

Joseph S. Toledano and J. M. Pinto, 90 
Broad Street. New York, N. Y. 

Each term defined in said Food Dis¬ 
tribution Order No. 21, as amended, shall, 
when used herein, have the same mean¬ 
ing as set forth in said Food Distribu¬ 
tion Order No. 21, as amended. 

(E.O. 9280, 7 F.R. 10179; E£). 9322, 8 F.R. 
3807; E.O. 9334. 8 F.R. 5423; E.O. 9392, 8 
F.R. 14783; FDO 21, as amended, 8 F.R. 
2077, 9 F.R. 150) 

Issued this 5th day of February 1944. 

Lee Marshall, 

Director of Food Distribution. 

[F. R. Doc. 44-1840; Filed. February 7, 1944; 

11:19 a. m.J 


WAR PRODUCTION BOARD. 

[Certificate 195 [ 

Exchange and Use of Technical Infor¬ 
mation Relating to Butadiene 

APPROVAL OF PROPOSED AMENDING AGREEMENT 

The Attorney General: 

I submit herewith a proposed “Agree¬ 
ment Amending General Butadiene 
Agreement" 1 which has reference to the 
“General Agreement on Exchange and 
Use of Technical Information Relating to 
Butadiene" between Rubber Reserve 
Company and certain other companies 
with respect to which, inter alia, I issued 
Certificate No. 7 under section 12 of Pub¬ 
lic Law No. 603, 77th Congress (56 Stat. 
357), on July 28, 1942 (7 F.R. 5897). 

For the purposes of the statute cited, 
and subject to the understanding stated 
in Certificate No. 7 with respect to the 
application of the consent decree in 
United States of America v. The Stand¬ 
ard Oil Company (N. J.) et al. f I approve 


1 Filed as part of the original document. 


the Amending Agreement; and after con¬ 
sultation with you, I hereby find and so 
certify to you that the doing of any act 
or thing, or the omission to do any act 
or thing, by the parties to the said 
Amending Agreement in compliance with 
my approval herein expressed is requisite 
to the prosecution of the war. 

Dated: February 1. 1944. 

Donald M. Nelson, 
Chairman . 

[F. R. Doc. 44-1755; Filed, February 5, 1944; 

11 ;03 a. m.J 


WAR SHIPPING ADMINISTRATION. 

“Gertrude L. Thebaud” 

VESSEL OWNERSHIP DETERMINATION 

Notice of determination by War Ship¬ 
ping Administrator pursuant to section 3 
(b) of the act approved March 24, 1943, 
(Public Law 17—78th Congress). 

Whereas on November 5, 1942, title to 
the vessel “Gertrude L. Thebaud," 
(229547), (including all spare parts, ap¬ 
purtenances and equipment) was requi¬ 
sitioned pursuant to section 902 of the 
Merchant Marine Act, 1936, as amended; 
and 

Whereas section 3 (b) of the act ap¬ 
proved March 24, 1943, (Public Law 17— 
78th Congress),provides in part as fol¬ 
lows: 

(b) The Administrator, War Shipping Ad¬ 
ministration, may determine at any time 
prior to the payment in full or deposit in full 
with the Treasurer of the United States, or 
the payment or deposit of 75 per centum, or 
Just compensation therefor, that the owner¬ 
ship of any vessel (the title to which has been 
requisitioned pursuant to section 902 of the 
Merchant Marine Act, 1936, as amended, or 
the Act of June 6, 1941, (Public Law 101, 
Seventy-Seventh Congress), is not required 
by the United States, and after such determi¬ 
nation has been made and notice thereof 
has been published in the Federal Register, 
th'e use rather than the title to such vessel 
shall be deemed to have been requisitioned 
for all purposes as of the date of the original 
taking; Provided however, That no such de¬ 
termination shall he made with respect to 
any vessel after the date of delivery of such 
vessel pursuant to title requisition except 
with the consent of the owner. • • •; fcnd 

Whereas no portion of just compensa¬ 
tion for the said vessel has been paid or 
deposited with the Treasurer of the 
United States; and 

Whereas the ownership of the said 
vessel, spare parts, appifrtenances and 
equipment is not required by the United 
States, and 

Whereas the former owner of the 
vessel has consented to this determina¬ 
tion and to the return of the vessel and 
the conversion of the requisition of title 
therein to a requisition of use thereof in 
accordance with the above-quoted pro¬ 
vision of law; 

Now therefore, I. Emory S. Land. Ad¬ 
ministrator, War Shipping Administra¬ 
tion, acting pursuant to the above-quoted 
provisions of law, do hereby determine 











1562 


FEDERAL REGISTER, Tuesday , February 8, 1944 


that the ownership of said vessel, spare 
parts, appurtenances and equipment is 
not required by the United States, and 
that, from and after the date of publica¬ 
tion hereof in the Federal Register, the 
use rather than title thereto shall be 
deemed to have been requisitioned, for 
all purposes, as of the date of the original 
taking. 

Dated: February 5, 1944. 

[seal! E. S. Land. 

Administrator. 

[F. R. Doc. 44—1788; Filed, February 7, 1944; 

9:18 a. m). 


“Satans Wife” 

VESSEL OWNERSHIP DETERMINATION 

Notice of determination by War Ship¬ 
ping Administrator pursuant to section 
3 (b) of the act approved March 24. 1943 
(Public Law 17—78th Congress). 

Whereas on November 30, 1942, title to 
the vessel “Satan’s Wife” (230175) (in¬ 
cluding all spare parts, appurtenances 
and equipment) was requisitioned pur¬ 
suant to section 902 of the Merchant 
Marine Act, 1936, as amended; and 


Whereas section 3 (b) of the act ap¬ 
proved March 24, 1943 (Public Law 17— 
78th Congress), provides in part as fol¬ 
lows: 

(b) The Administrator, War Shipping Ad¬ 
ministration, may determine at any time 
prior to the payment in fuU or deposit in full 
with the Treasurer of the United States, or 
the payment or deposit of 75 per centum, 
or Just compensation therefor, that the own¬ 
ership of any vessel (the title to which has 
been requisitioned pursuant to section 902 
of the Merchant Marine Act. 1936, as 
amended, or the Act of June 0, 1941 (Public 
Law 101, J8eventy-Seventh Congress), is not 
required by the United States, and after such 
determination has been made and notice 
thereof has been published in the Federal 
Register, the use rather than the title to 
such vessel shaU be deemed to have been 
requisitioned for all purposes as of the date 
of the original taking: Provided, however , 
That no such determination shall be made 
with respect to any vessel after the date of 
delivery of such vessel pursuant to title 
requisition except with the consent of the 
owner. • • ■; and 

Whereas no portion of just compensa¬ 
tion for the said vessel has been paid or 
deposited with the Treasurer of the 
United States; and 


Whereas the ownership of the said 
vessel, spare parts, appurtenances and 
equipment is not required by the United 
States; and 

Whereas the former owner of the ves¬ 
sel has consented to this determination 
and to the return of the vessel and the 
conversion of the requisition of title 
therein to a requisition of use thereof in 
accordance with the above-quoted pro¬ 
vision of law; 

Now therefore, I, Emory S. Land, Ad¬ 
ministrator, War Shipping Administra¬ 
tion, acting pursuant to the above- 
quoted provisions of law, do hereby de¬ 
termine that the ownership of said ves¬ 
sel, spare parts, appurtenances and 
equipment is not required by the United 
States, and that, from and after the date 
of publication hereof in the Federal 
Register, the use rather than title there¬ 
to shall be deemed to have been requi¬ 
sitioned, for all purposes, as of the date 
of the original taking. 

Dated: February 5, 1944. 

(seal] E. S. Land, 

Administrator . 

IF. R. Doc. 44-1789; Filed. February 7. 1944; 

9:18 a. m.J 


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