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FEDERAL 



% 

\J* 


REGISTER 


VOLUME 8 


\ t 1934 ^ 
4 </a/ited * 


NUMBER 166 


Washington, Saturday, August 21, 1943 


Regulations 


TITLE 29—LABOR 

Chapter V—Wage and Hour Division 

Part 636— Minimum Wage Rate in the 
Metal, Plastics, Machinery, Instru¬ 
ment, and Allied Industries 

RECOMMENDATION OF INDUSTRY COMMITTEE 

Whereas on January 27,1943, pursuant 
to section 5 (b) of the Pair Labor Stand¬ 
ards Act of 1938, herein referred to as 
the Act, the Administrator of the Wage 
and Hour Division of the United States 
Department of Labor, by Administrative 
Order No. 173, appointed Industry Com¬ 
mittee No. 53 for the Metal, Plastics, Ma¬ 
chinery, Instrument, and Allied Indus¬ 
tries, herein called the Committee, and 
directed the Committee to recommend 
minimum wage rates for the Metal, Plas¬ 
tics, Machinery, Instrument, and Allied 
Industries in accordance with section 8 
of the Act; and 

Whereas the Committee included 
twelve disinterested persons represent¬ 
ing the public, a like number of persons 
representing employers in the Metal, 
Plastics, Machinery, Instrument, and Al¬ 
lied Industries, and a like number of per¬ 
sons representing employees in the In¬ 
dustry, and each group was appointed 
with due regard to the geographical re¬ 
gions in which the Metal, Plastics, Ma¬ 
chinery, Instrument, and Allied Indus¬ 
tries are carried on; and 
Whereas, on February 19, 1943, the 
Committee, after investigating economic 
and competitive conditions in the Indus¬ 
try, filed with the Administrator a report 
containing its recommendation for a 40- 
cent minimum hourly wage rate in the 
Metal, Plastics, Machinery, Instrument, 
and Allied Industries; and 
Whereas, after notice duly published 
in the Federal Register on February 26, 
1943, Major Robert N. Campbell, the 
Presiding Officer designated by the Ad¬ 
ministrator, held a public hearing upon 
the Committee's recommendation at New 


York, New York, on March 16, 1943, at 
which all interested persons were given 
an opportunity to be heard; and 

Whereas, the complete record of the 
proceeding before the Presiding Officer 
has been transmitted to the Administra¬ 
tor; and 

Whereas, the Administrator, upon re¬ 
viewing all the evidence adduced in this 
proceeding and giving consideration to 
the provisions of the Act, with special 
reference to sections 5 and 8, has con¬ 
cluded that the Industry Committee's 
recommendation for the Metal, Plastics, 
Machinery, Instrument, and Allied In¬ 
dustries, as defined by Administrative 
Order No. 173, is made in accordance 
with law, is supported by the evidence 
adduced at the hearing, and, taking into 
consideration the same factors as are 
required to be considered by the Com¬ 
mittee, will carry out the purposes of 
the Act; and 

Whereas, the Administrator has set 
forth his decision in an opinion entitled 
“Findings and Opinion of the Adminis¬ 
trator in the Matter of the Recommend¬ 
ation of Industry Committee No. 53 for 
a Minimum Wage Rate in the Metal. 
Plastics, Machinery. Instrument, and 
Allied Industries," dated this day, a copy 
of which may be had upon request ad¬ 
dressed to the Wage and Hour Division, 
United States Department of Labor, 165 
West 46th Street, New York, New York. 

Now , therefore , it is ordered. That: 

§ 636.1 Approval of recommendation 
of Industry Committee No, 53, The 
Committee’s recommendation is hereby 
approved. 

§ 636.2 Wage rate . Wages at a rate 
of not less than 40 cents per hour shall 
be paid under section 6 of the Act by 
every employer to each of his employees 
who is engaged in commerce or in the 
production of goods for commerce in the 
Metal. Plastics, Machinery, Instrument, 
and Allied Industries. 

§ 636.3 Posting of notices. Every em¬ 
ployer employing any employees so en- 
(Continued on next page) 


CONTENTS 

REGULATIONS AND NOTICES 

Alien Property Custodian: Pag® 

Vesting orders: 

Desebrock, Hanna_11594 

Vivian, Maria. Guido, Vit¬ 
torio and Anza_11593 

Interior Department (see also 

Component Agencies) : 

Coal mines: termination of gov¬ 
ernment possession and 

control_11592 

Operating managers of govern¬ 
ment controlled coal mines, 
termination of appoint¬ 
ment_ 11592 

Interstate Commerce Commission : 

Icing permits: 

Any common carrier by rail¬ 
road (4 documents)_11593 

Union Pacific Railroad Co., 

et al_11592 

Office of Defense Transportation : 
Coordinated operations and 
joint action plans: 

Atlantic Coast Freight Lines. 


Inc., et al_11594 

Cook and Fulmer and North¬ 
ern Pacific Transport Co.. 

Butte-Drummond. Mont. 11595 

Florists, Ithaca. N. Y_11596 

Office of Price Administration : 

Adjustment orders filed, list_11596 

Automotive parts: 

<MPR 452)_ 11572 

(MPR 453). 11582 

Flour from wheat, semolina and 

farina (MPR 296, Am. 7)... 11563 
Fluid milk and cream (MPR 280, 

Am. 33)_ 11589 

Foods, processed (RO 13, Am. 

53)__— 11563 

Fruits and vegetables, fresh 

(MPR 426, Am. 4). 11589 

Hops (RMPR 279). 11586 

Meat, fats, fish and cheeses (RO 

16, Am. 54)_11563 

Pan bread (Rev. SR 14. Am. 19). 11572 
Papers, fine, and paperboards 

(MPR 400, Am. 1)_11563 

Precious stones and mountings 

(Rev. SR 1, Am. 23)_11572 


(Continued on next page) 

11557 
























11358 


FEDERAL REGISTER, Saturday, August 21, 1943 






FEDERAI^RECISTER 


\ KM 


Published daily, except Sundays. Mondays, 
and day3 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. 600, as amended; 44 US.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 60 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 150 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 republica¬ 
tion of material appearing in the Federal 
Register. 


CONTENTS—Continued 


Office of Price Administration— 

Continued. Page 

Regional, state and district 
office orders: 

Bituminous coal: 

Jackson area, Wyo. (2 docu¬ 
ments) _ 11598 

Uintah County, Utah_11601 

Clearing and weeding serv¬ 
ices, Los Angeles, Calif_— 11602 
Firewood, Yakima County, 

Wash_ 11599 

Flaxseed transportation serv¬ 
ices, California_11599 

Fluid milk: 

Cedarburg, Wis_11601 

La Crosse, Wis_11600 

Mascoutah, Ill_11600 

Massachusetts (2 docu¬ 
ments)_ 11597 

Neenah and Menasha, Wis_ 11600 

Peoria. Ill., area-11599 

Vermont_11597 

West Bend and Barton, 

Wis_ 11598 

Food packing and drying serv¬ 
ices, West Coast region.- 11601 
Hardwood-cordwood and fire¬ 
wood, Massachusetts (2 

documents)_ 11597,11599 

Tomatoes, Boise, Idaho, dis¬ 
trict_ 11602 

Umbrella frames, New Eng¬ 
land_ 11596 

Stock millwork, adjustable pric¬ 
ing (MPR 293, Order 1)_11596 

Stoves, rationing: 

(RO 9). 11564 

(RO 9A)_11564 

(RO 9A, Supplement 1)-11586 


CONTENTS—Continued 


Public Contracts Division: Page 

Minimum wage rates: 

Cotton garment, knitting, 
knitwear and woven un¬ 
derwear and rainwear in¬ 
dustries_ 11591 

Metal, plastics, machinery, 
instrument, etc., indus¬ 
tries_ 11557 

Reclamation Bureau: 

Sun River project, Mont., res¬ 
toration of lands_11592 


Smaller War Plants Corporation: 
Walnut Gunstocks, Inc., recom¬ 
mendation of formation of 
War Production Associa¬ 


tion,.. 11602 

Treasury Department: 

Foreign funds control: 

General License 12, revoca¬ 
tion- 11559 

Safe deposit boxes leased to 
nationals of bloc ked 
countries, restrictions on 

access_11559 

Wage and Hour Division: 

Wholesaling, warehousing and 
other distribution indus¬ 
tries, committee appoint¬ 
ment. etc_11592 

War Food Administration: 


Canned vegetables and fruits 
and canned vegetable and 
fruit juices (FDO 22-4, Am. 


1). 11590 

Cincinnati, Ohio, marketing 

area; handling of milk_11602 

War Production Board: 

Approval of ODT orders: 
Butte-Drummond, Mont., co¬ 
ordination of operations 

(Certificate 112)_11604 

Eastern cities, over-the-road 

service (Certificate 113), 11604 
Ithaca, N. Y., transportation 


and delivery of flowers 


(Certificate 111)_11604 

Knitted outerwear (L-310)_11560 

Petroleum Administration for 
War; delegation of author¬ 
ity (Directive 30)_11559 

Stop construction orders can¬ 
celled : 

Blackfeet project, Mont-11604 

Bonny Lane Road project, 

Shoshone, Nev_11604 

Fort Peck Project, Mont_11604 

Pyramid Lake Project, Nev.. 11604 

Wind River project, Wyo_11604 

Suspension order: 

Forman Furniture Co-11560 

Walnut Gunstocks, Inc., ap¬ 
proval of plan for forma¬ 
tion of War Production As¬ 
sociation (Certificate 110)- 11603 


gaged in commerce or in the production 
of goods for commerce in the Metal, 
Plastics. Machinery, Instrument, and 
Allied Industries shall poet and keep 
posted in a conspicuous place in each 
department of his establishment where 


such employees are working such notices 
of this Order as shall be prescribed from 
time to time by the Wage and Hour Di¬ 
vision of the United State Department of 
Labor. 

§ 636.4 Definition of the Metal, Plas¬ 
tics, Machinery, Instrument, and Allied 
Industries. For the purposes of this 
order the term “Metal. Plastics, Ma¬ 
chinery, Instrument, and Allied Indus¬ 
tries 1 ' means: 

The production of metale and the manu¬ 
facture of any product or part made of metal 
or plastics; and the manufacture from any 
material of machinery, Instruments, tools, 
electrical goods, transportation equipment 
and ordnance: Provided, however. The defini¬ 
tion shaU not Include: 

1. The mining or milling of metalliferous 
ores. 

2. The production of any basic material 
other than metal. 

3. The further processing of any basic 
material other than metal or plastics; pro¬ 
vided, however, That such processing when 
performed by an establishment producing 
from such material a product of this indus¬ 
try or subassembly of such product shall be 
included within this definition. 

4. Any product, the manufacture of which 
is covered by the definition of an Industry 
for which the Administrator has already 
issued a wage order or appointed an indus¬ 
try committee. 

§ 636.5 Scope of the definition. The 
definition of the Metal, Plastics. Ma¬ 
chinery, Instrument, and Allied Indus¬ 
tries covers all occupations in the in¬ 
dustry which are necessary to the pro¬ 
duction of the articles covered by the 
definition, including clerical, mainte¬ 
nance. shipping, and selling occupations: 
Provided, however. That this definition 
does not cover clerical, maintenance, 
shipping, and selling occupations when 
carried on in a wholesaling or selling 
department, physically segregated from 
the other departments of a manufactur¬ 
ing establishment the greater part of the 
sales of which wholesaling or selling 
department are sales of articles which 
have been purchased for resale: And pro¬ 
vided, further, That where an employee 
covered by this definition is employed 
during the same work-week at two or 
more different minimum rates of pay, 
he shall be paid the highest of such 
rates for such workweek unless records 
concerning his employment are kept by 
his employer, in accordance with appli¬ 
cable regulations of the Wage and Hour 
Division. 

§ 636.6 Effective date. This wage or¬ 
der shall become effective September 13. 
1943. 

Signed at New York, New York, this 
12th day of August 1943. 

(Secs. 636.1 to 636.6, inclusive, issued 
under Sec. 8, 52 Stat. 1064; 29 U.S.C., 
Supp. IV, sec. 208) 

L. Metcalfe Walling, 

Administrator. 

[F. R. Doc. 43-13599; Filed, August 20, 1943; 
11:16 a. m.J 








































11539 


FEDERAL REGISTER, Saturday, August 21, 1943 


TITLE 31-MONEY AND FINANCE: 
TREASURY 

Chapter I—Monetary Officers, Department 
of the Treasury 

(General License 12. 1 Revocation! 

Part 131— General Licenses Under Ex¬ 
ecutive Order 8389, April 10, 1940, Af 
Amended, and Regulations Issued Pur¬ 
suant Thereto. 

foreign funds control 

August 20, 1943. 

Revocation of General License No. 12 
under Executive Order No. 8389, as 
amended, Executive Order No. 9193, sec¬ 
tion 5 (b) of the Trading With the En¬ 
emy Act, as amended by the First War 
Powers Act, 1941, relating to foreign 
funds control. 

General License No. 12 is hereby re¬ 
voked. 

(Sec. 5 (b), 40 Stat. 415 and 966; sec. 2, 
48 Stat. 1; 54 Stat. 179; Pub. Law 354. 
77th Cong., 55 Stat. 838, E.O. 8389, 
April 10, 1940, as amended by E.O. 8785, 
June 14. 1941. E.O. 8832, July 26. 1941, 
E.O. 8963, Dec. 9, 1941, and E.O. 8998, 
Dec. 26, 1941; E.O. 9193, July 6, 1942; 
Regulations, April 10, 1940, as amended 
June 14, 1941, and July 26, 1941) 

[seal] Randolph Paul, 

Acting Secretary of the Treasury. 

[P. R. Doc. 43-13590; Piled, August 20, 1943; 
10:18 a. m.l 


[General Ruling 16] 

Appendix A—General Rulings Under 

Executive Order No. 8389. April 10. 

1940, as Amended, and Regulations 

Issued Pursuant Thereto 

SAFE DEPOSIT BOXES OF NATIONALS OF 
BLOCKED COUNTRIES 

August 20, 1943. 

General Ruling No. 16 under Executive 
Order No. 8389, as amended. Executive 
Order No. 9193. sections 3 (a) and 5 (b) 
of the Trading with the Enemy Act, as 
amended by the First War Powers Act, 
1941, relating to foreign funds control. 

Regulations relating to safe deposit 
boxes leased to nationals of blocked 
countries or containing property in 
which nationals of blocked countries 
have an interest. 

(1) Except as hereinafter authorized 
or as specifically licensed or authorized 
by the Secretary of the Treasury, no 
person shall be granted access to any 
safe deposit box within the United States 
leased to any blocked country or national 
thereof or containing any property in 
which any blocked country or national 
thereof has any interest or which there 


1 5 F.R. 1840; 6 FJR. 3349. 


is reasonable cause to believe contains 
property in which any blocked country 
or national thereof has an interest. 

(2) (a) Access to any safe deposit box 
leased to a blocked country or national 
thereof or containing property in which 
any blocked country or national thereof 
has an interest, and the deposit therein 
or removal therefrom of any property, is 
hereby authorized provided all the fol¬ 
lowing conditions are complied with: 

(i) Access shall be permitted only in 
the presence of an authorized represent¬ 
ative of the lessor of such box; 

(ii) In the event that any property in 
which any blocked country or national 
thereof has any interest is to be re¬ 
moved from such box, access shall be 
permitted only in the presence of an 
authorized representative of a banking 
institution within the United States, 
which may be the lessor of such box, 
which (subject to any applicable rules, 
regulations, and orders of the Office of 
the Alien Property Custodian) shall re¬ 
ceive such property into its custody im¬ 
mediately upon removal from such box 
and which shall hold the same in a 
blocked account under an appropriate 
designation indicating the interests 
therein of blocked countries or nationals 
thereof; 

(iii) In the event that there is to be 
removed from any such box any prop¬ 
erty in which a designated enemy coun¬ 
try or a national of a designated enemy 
country has an interest, access shall not 
be permitted except in the presence of, 
or with the consent of, a duly authorized 
agent or representative of the Office of 
the Alien Property Custodian; 

(iv) Access to any safe deposit box 
leased to a designated enemy country or 
a national of a designated enemy country 
shall not be permitted except in the pres¬ 
ence of, or with the consent of, a duly 
authorized agent or representative of the 
Office of the Allen Property Custodian. 

The above conditions (i) through (iv) 
shall not apply to access granted to a 
representative of the Office of the Alien 
Property Custodian pursuant to any rule, 
regulation or order of such Office. 

(b) The lessee or other person granted 
access to any safe deposit box under this 
general ruling (except an agent or rep¬ 
resentative of the Office of the Alien 
Property Custodian) shall furnish to the 
lessor a certificate in triplicate that he 
has filed or will promptly file a report on 
Form TFR-300 with respect to such box. 
if leased to a national of a foreign coun¬ 
try, and with respect to all property con¬ 
tained in the box to which access is had 
in which any foreign country or national 
thereof has an interest. The lessor shall 
deliver two copies of such certificate to 
the Federal Reserve Bank of the District 
in which the box is located. The certifi¬ 
cate is required only on the first access 
to the box and need not be furnished if a 
certificate had been filed pursuant to 
General License No. 12 prior to the revo¬ 


cation thereof. In case a report on Form 
TFR-300 has not been made before Au¬ 
gust 20, 1943, a report is hereby required 
to be filed on Series L in accordance with 
the provisions of Public Circular No. 4C, 
excluding Section n-D thereof, which 
shall be inapplicable, but any reports re¬ 
quired under Public Circular No. 4 and 
not already rendered, shall also be filed. 
When no other date is applicable the 
effective date of reporting for Series L 
shall be the date of access. If nona of 
the entries specified by section IV-5-(c) 
is applicable, the phrase “General Ruling 

No. 16, access to box on_, 194. 

shall be entered in Part A. 

(3) As used in this general ruling, the 
term “designated enemy country” and 
the term “national of a designated enemy 
country” shall have the meaning pre¬ 
scribed in Executive Order No. 9193 of 
July 6. 1942. 

(Sec. 5 (b), 40 Stat. 415 and 966; sec. 2, 
48 Stat. 1: 54 Stat. 179; Pub. Law 354. 
77th Cong.. 55 Stat. 838; E.O. 8389. April 

10.1940, as amended by E.O. 8785, June 14, 
1941. E.O. 8832, July 26, 1941. E.O. 8963, 
December 9, 1941, and E.O. 8998, Decem¬ 
ber 26. 1941; E.O. 9193, July 6. 1942; Reg¬ 
ulations, April 10, 1940. as amended June 

14.1941, and July 26,1941) 

[seal! Randolph Paul, 

Acting Secretary of the Treasury. 

[F. R. Doc. 43-13591; Filed, August 20. 1943; 
10:18 a. m.] 


TITLE 32—NATIONAL DEFENSE 
Chapter IX—War Production Hoard 
Suhchfkptcr A—General Provisions 

Part 903 —Delegations of Authority 

(Directive 301 

REGULATION OF PETROLEUM INDUSTRY AND 
USE OF PETROLEUM AND ITS PRODUCTS 
DELEGATED TO PETROLEUM ADMINISTRA¬ 
TION FOR WAR 

The following directive is issued in or¬ 
der to facilitate the exercise by the Pe¬ 
troleum Administrator for War of the 
powers delegated to him by Executive 
Order No. 9276 of December 2, 1942. 

§ 903.42 Directive 30. (a) In addition 
to the authority delegated to the Petro¬ 
leum Administrator for War by Execu¬ 
tive Order 9276, the Petroleum Adminis¬ 
trator for War or any official of the Pe¬ 
troleum Administration for War duly 
authorized by him may, subject to the 
direction of the Chairman of the War 
Production Board, exercise the powers 
and authority delegated to the under¬ 
signed under Executive Order 9125 of 
April 7. 1942 to: 

(1) Take any action which limits, 
controls, or prescribes standards for the 
receipt, use, or delivery of any material 
by persons in the “petroleum industry” 
as defined in Executive Order 9276; or 













11560 


FEDERAL REGISTER, Saturday, August 21, 1913 


(2) Take any action which limits, con¬ 
trols, or prescribes standards for the re¬ 
ceipt, use, or delivery of petroleum or 
petroleum products by any person; or 

(3) Take any action which limits, 
controls or prescribes standards for the 
receipt, use, or acceptance of delivery by 
any person of the following materials or 
products: dispensing pumps for motor 
fuel and gasoline; barrel and drum 
pumps; hand and pressure lubricating 
equipment; storage tanks, containers, 
and cylinders used for the storage of pe¬ 
troleum; or housing, piping, valves and 
regulators used in the storage or dis¬ 
pensing of liquefied petroleum gas; or 

(4) Receive, formulate and authorize 
any plans and programs for, and issue 
instructions and recommendations with 
respect to, foreign movements of blend¬ 
ing agents used in the manufacture of 
petroleum products. 

(b) Action taken under paragraph 

(a) above shall not in any way limit the 
applicability or effect of any order or 
regulation issued by the War Production 
Board or by the Office of Price Adminis¬ 
tration, but shall be in addition to the 
same. 

(c) All action heretofore taken by the 
Petroleum Administrator for War, or any 
official of the Petroleum Administration 
for War duly authorized by him, pur¬ 
suant to the statements of authority in 
orders M-68, M-68-c, L-56 or L-70 of the 
War Production Board, which might 
have legally been taken under this di¬ 
rective if then in force, are ratified and 
confirmed. 

Issued this 18th day of August 1943. 

Donald M. Nelson, 
Chairman. 

IP. R. Doc. 43-13579; Filed, August 19. 1943; 

4:41 p. m l 


Subchapter B—Executive Vice Chairman 

Authority : Regulations in this subchapter 
issued under PD. Reg. 1. as amended, 6 P.R. 
6680; W.P.B. Reg. 1, 7 P.R. 561; E.O. 9024. 7 
FJR. 329; E.O. 9040. 7 F.R. 527; E.O. 9125. 7 F.R. 
2719; sec. 2 (a), 54 Stat. 676, as amended by 
55 Star. 236 and 56 Stat. 176. 

Part 1010— Suspension Orders 
(S uspension Order S-403j 
FORMAN FURNITURE CO. 

Forman Furniture Company is a cor¬ 
poration engaged in the retail furniture 
business at 5217 Broadway Avenue, Cleve¬ 
land. Ohio. Among other merchandise, 
it sells stoves, heaters and other domes¬ 
tic mechanical equipment* Between July 
1, 1942, and December 29, 1942, Forman 
Furniture Company made numerous 
sales and deliveries of new metal heating 
equipment and new metal plumbing 
equipment to ultimate consumers in vio¬ 
lation of Limitation Order L-79. In cer¬ 
tain instances, the company, through its 


employees, attempted to cover up its fail¬ 
ure to sell and deliver the plumbing and 
heating equipment in accord with the 
order by obtaining for its files L-79 cer¬ 
tifications falsely purporting to be signed 
by the respective customers. Since the 
company's responsible officials knew of 
Limitation Order L-79. these actions 
must be deemed to constitute wilful vio¬ 
lations of the order. 

These violations of Limitation Order 
L-79 have diverted scarce materials to 
uses not authorized by the War Produc¬ 
tion Board and have hampered and im¬ 
peded the war effort of the United States. 
In view of the foregoing facts, It is hereby 
ordered. That: 

§ 1010.403 Suspension Order S-403. 

(a) Forman Furniture Company, its 
successors and assigns, shall not, directly 
or indirectly, buy, accept delivery of, 
receive, sell, deliver, or transfer any new 
metal cooking stoves, or new “metal heat¬ 
ing equipment”, as said term is defined 
in Limitation Order L-79, unless here¬ 
after specifically authorized in writing 
by the War Production Board. 

(b) Nothing in this order shall be 
deemed to relieve Forman Furniture 
Company, its successors anc assigns, 
from any restriction, prohibition, or pro¬ 
vision contained in any other order or 
regulation of the War Production Board, 
except in so far as the same may be in¬ 
consistent with the provisions hereof. 

(c) This order shall take effect on 
August 20, 1943, and shall expire on De¬ 
cember 20. 1943. 

Issued this 13th day of August 1943. 

War Production Board, 

By J. Joseph Whelan, 

Recording Secretary. 

|F. R. Doc. 43-13614; Filed. August 20, 1943; 

11:27 a. m.] 


Part 3290— Textile, Clothing and 
Leather 

[General Limitation Order L-310J 
KNITTED OUTERWEAR 

The fulfillment of requirements for 
the defense of the United States has 
created a shortage in the supply of yarns 
in worsted, woolen, cotton, rayon, and 
other materials for defense, for private 
account and export; and the following 
order is deemed necessary and appro¬ 
priate in the public interest and to pro¬ 
mote the national defense. 

§ 3290.316 General Limitation Order 
L-310 —(a) Definitions. For the pur¬ 
pose of this order: 

(1) “Knitted outerwear” means the 
following machine knitted wearing ap¬ 
parel: sweaters, bathing trunks and 
suits, gloves, mittens, headwear and 
mufflers. 


(2) “Producer” means a person en¬ 
gaged in the business of making yarn 
owned by him into knitted outerwear 
either on his machines ojr on machines 
operated for his account. 

(3) ‘‘Style” means a distinctive model 
of a garment or combination of mate¬ 
rials in a garment. A type of garment to 
which it has been customary to assign 
an individual identifying number dur¬ 
ing production shall be considered a 
separate style. Variations in color or 
size may be disregarded. 

(4) All trade terms shall have their 
usual and customary meanings unless 
otherwise expressly defined. 

(b) Restrictions on production. No 
producer shall put yarn owned by him 
into knitting, or cause yam owned by 
liim to be put into knitting, to make 
knitted outerwear contrary to the re¬ 
quirements of Schedules A, B, C, D, E, 
F and G of this order. 

(c) Exceptions. (1) The restrictions 
of this order do not apply to manufac¬ 
ture of any knitted outerwear for the ac¬ 
count of the Army, or Navy of the United 
States, the United States Maritime Com¬ 
mission, or the War Shipping Adminis¬ 
tration. 

(2) The restrictions of this order do 
not apply to the use of any material 
which on August 20, 1943, was in the 
inventory of the producer or on order 
and which with his existing machines, 
or machines operated for his account, 
he cannot make into knitted outerwear 
in accordance with this order. 

(d) Reports . Producers and all other 
persons who, after August 20, 1943, have 
put any yarn into knitting or caused any 
yarn to be put into knitting to make 
knitted outerwear, shall report for the 
calendar month of September, 1943, their 
yarn consumption, their machine activ¬ 
ity and their garment production by fil¬ 
ing form WPR-3156 with the War Pro¬ 
duction Board on or before the 10th day 
of October, 1943. Reports shall also be 
filed on or before the 10th day of No¬ 
vember, 1943, and of each succeeding 
month for the preceding calendar month 
pursuant to the instructions as revised 
from time to time. This reporting re¬ 
quirement has been approved by the 
Bureau of the Budget in accordance with 
the Federal Reports Act of 1942. 

(e) Applicability of regulations. This 
order and all transactions affected there¬ 
by are subject to all applicable provisions 
of the regulations of the War Production 
Board, as amended from time to time. 

(f) 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. 

(g) Communications to War Produc¬ 
tion Board. Any reports required to be 
filed hereunder, and all communications 











11561 


FEDERAL REGISTER, Saturday, August 21, 1943 


concerning this order, shall, unless other¬ 
wise directed, be addressed to: War Pro¬ 
duction Board, Textile, Clothing and 
Leather Division, Washington 25, D. C., 
Reference: L-310. 

(h) Equitable distribution. (This 
paragraph does not apply to sales by 
retailers, inasmuch as the Pair Distribu¬ 
tion Policy for retailers is defined in 
Declaration of Policy of July 15, 1943.) 
Preference ratings are given to certain 
orders to further the war program. It 
is the policy of the War Production Board 
that knitted outerwear not required to 
fill rated orders shall be distributed equi¬ 
tably. In making such distribution due 
regard should be given to essential civil¬ 
ian needs, and there should be no dis¬ 
crimination in the acceptance or filling 
of orders as between persons who meet 
the seller's regularly established prices 
and terms of sale or payment. 

Under this policy every seller of knit¬ 
ted outerwear, so far as practicable, 
should make available an equitable pro¬ 
portion of his merchandise to his cus¬ 
tomers periodically, without prejudice 
because of their size, location or rela¬ 
tionship as affiliated outlets. 

It is not the intention to interfere with 
established channels and methods of 
distribution unless necessary to meet war 
or essential civilian needs. If voluntary 
observance of the policy outlined is in¬ 
adequate to achieve equitable distribu¬ 
tion, the War Production Board may 
issue specific directions to named con¬ 
cerns. A failure to comply with a spe¬ 
cific direction shall be deemed a viola¬ 
tion. 

(i) 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 20th day of August 1943. 

War Production Board, 

By J. Joseph Whelan, 

Recording Secretary. 

Schedule a—Men's, Boys' and Junior Boys' 
Sweaters 

No producer shall put yarn owned by him 
Into knitting, or cause yarn owned by him 
to be put into knitting, to make men’s, boys’ 
or Junior boys’ sweaters except as follows: 

(a) The number of styles used in the bal¬ 
ance of the calendar year 1943, and in each 
following calendar year, shaU not exceed 50% 
of the number of styles used In the calendar 
year 1941 or 20 styles, whichever is greater. 


(b) Models shall be basically one or more 
of the following: 

(1) Model A—Pullover sweater, ribtail- 
crew. vee or ringneck. 

(2) Model B—Pullover sweater, open bot¬ 
tom. hemmed or selvedge—vee or ringneck. 

(3) Mcdel C—Pullover sweater, "Johnny 
collar", ribbed bottom. 

(4) Model D—Coat style sweater, "Johnny 
collar," ribbed bottom. 

( 5 ) Model E—Coat style sweater.,vee neck, 
open bottom, hemmed, selvedged or ribbed. 

(6) Model F—Coat style sweater, notch 
collar, open sleeve—in men’s sizes only. 

(7) Model G—Coat style sweater, shawl 
coUar, shaker type—(4-gauge or coarser)—in 
men’s and boys’ sizes only. 

(8) Model H—Jersey, navy type collar—in 
men’s sizes only. 

(c) Sizes shall range as follows: 

(1) Men’s—34 and above. 

(2) Boys’—28 to 38, inclusive. 

(3) Junior boys*—6 years to 12 years, in¬ 
clusive. 

(d) Weights shall not exceed those current¬ 
ly used except where the increase results from 
a necessary change in the basic fibres. 

(e) Overall lengths shall not exceed the 
measurements set forth below opposite the 
respective models and sizes: 

(1) In men’s sizes—Models A. B and C—size 
42—26 inches. 

(2) In men’s sizes—Models D. E and G— 
size 42—27 inches. 

(3) In men’s sizes—Mcdel F—size 42—30 
inches. 

(4) In boys’ sizes—Models A. B, C, D, E and 
G—size 38—24 inches. 

(5) In Junior boys’ sizes—Models A. B, C, 
D and E—size 12—19 Inches. 

(f) The foUowing models and features shaU 
be eliminated: 

(1) Double-breasted sweaters. 

(2) Reversible sweaters. 

(8) Buttons or tabs attached to sleeves. 

(4) Extra or spare buttons attached. 

( 5 ) Hand-sewn ribbons or strengthening 
tapes sewed in neck or shoulders. 

(6) Basted pocket openings. 

(7) Applique or insert decorations. 

(8) Bibs, mufflers or accessories attached. 

(g) Other restrictions shall be as follows: 

(1) No style shall be produced in excess of 
five color arrangements in any single eeason. 
Model H shall be produced in navy blue only. 

(2) Number of pockets shall not exceed 
two except that Models A and H shall have 
no pockets. 

(3) Pockets shall be patch or insert, and 
plain with no flaps, pleats, bellows, tucks or 
tabs. 

(4) Areas of pockets shall not exceed the 
areas set forth below opposite the respective 
sizes and models: 

(l) In men’s sizes—All models except 
Model F—42 square Inches. 

(li) In men’s sizes—Model F—64 square 
inches. 

(ill) In boys’ sizes—All models—39 square 
Inches. 

(iv) In Junior boys’ sizes—All models—24 
square inches. 

(5) Backs shall be plain with no yokes, bi¬ 
swing action backs, belts, decorative effects 
or any imitation thereof except those created 
in the knitting process. 

(6) Sample swatches may not exceed 
twelve square inches in area, and may be 
manufactured only for distribution to the 
trade. 


(7) Rib cuffs and skirt hems on Model 5 A. B 
and C (other than on shakers, four-gauge 
and coarser, in men’s and boys’ sizes) shall 
not exceed the following lengths: 

(1) In men's sizes. 5 inches. 

(if) In boys’ sizes, 4*/i Inches. 

(Hi) In Junior boys’ sizes, 4 Inches. 

(8) Cuffs and skirt hems on Models A, B 
and C, shakers, four-gauge and coarser, in 
men’s and boys* sizes shall not exceed the 
following lengths: 

(1) In men’s sizes, 6 Inches. 

(li) In boys’ sizes. 5 inches. 

(9) Buttons and buttonholes shall be 
limited to six of each on Models D. E. F and 
G in men’s sizes up to size 46; to five of each 
on Models D, E and G in boys’ sizes; and to 
four of each on Models D and E in Junior boys’ 
sizes. 

(h) Exceptions. The limitations on the 
number of styles, models, color arrangements 
and applique decorations shall not apply to 
the production, on special order, of "Award", 
"Class" or "Athletic Group" sweaters. 

Schedule B— Ladies’ and Misses’ Sweaters 

No producer shall put yarn owned by him 
into knitting, or cause yarn owned by him to 
be put into knitting, to make ladies’ or 
misses* sweaters except as follows: 

(a) The number of Btyles used in the bal¬ 
ance of the calendar year 1943, and in each 
following calendar year, shall not exceed 50% 
of the number of styles used in the calendar 
year 1941 or 20 styles, whichever is greater. 

(b) Models shall be basically one or more 
of the following: 

(.1) Model A—Pullover, known as regulation 
pullover. 

(2) Model B—Pullover, known as "boxy". 

(3) Model C—Cardigan, known as "boxy". 

(4) Model D—Cardigan, known as "shorty** 
regulation. 

(5) Model E—Cardigan, matron. 

(6) Model F—Coat style, vee neck, utility. 

(7) Model G—Coat style, notch collar, util¬ 
ity. 

(c) Sizes shall range as follows: 

(1) Ladles’, in Models A. B. C and D—34 to 
40, inclusive. 

(2) Ladles’, in Model El—38 to 46. Inclusive. 

(3) Ladies’, in Models F and G—38 to 52, 
inclusive. 

(4) Misses’, In all models—10 years to 16 
years, inclusive, or the equivalent thereof. 

(d) Weights shall not exceed those cur¬ 
rently used except where the increase results 
from a necessary change in the basic fibres. 

(e) Overall lengths shall not exceed the 
measurements set forth below opposite the 
respective models and Blzes: 

(1) Models A and D—size 38, or size 16—20 
Inches. 

(2) Models B and C—size 38, or size 16— 
22 *2 inches. 

(3) Model E—size 42—24 Inches. * 

(4) Models F and G—size 42—25 inches. 

(f) The following models and features shall 
be eliminated: 

(1) Fly-front, double-breasted cr reversible 
models. 

(2) Turned-back cuffs. 

(3) Decorative effects, such as embroidery, 
applique, sequins, spangles or extra stitching 
which do not add to the serviceability of the 
garment. 

(4) Pleating, pihehing, tucking or smock¬ 
ing. 





















11562 


FEDERAL REGISTER, Saturday, August 21, 1943 


(5) Belts or sashes, either separate or at¬ 
tached. 

(6) Sleeves which are raglan. puffed, bal¬ 
loon. dolman, bell, leg-o-mutton or otherwise 
exaggerated. 

(7) Fringes, tassels or pompons. 

(8) Linings which are complete, half or 
yoke. 

(9) Shoulder pads. 

(10) Front yoke, back yoke or swing back, 
except when knitted In as Integral parts 
of the garment. 

(11) Hand-sewn buttons or button holes. 

(12) Twin sets. 

(13) Fagoting or embroidery, either hand 
or machine. 

(14) Saddle-shoulder construction. 

(g) Other restrictions shall be as fol¬ 
lows: 

(1) No style shall be produced in excess 
of six color arrangements in any single 
season. 

(2) Number of pockets shall not exceed 
two except that Models A, B. C and D shall 
have no pockets. 

(3) Pockets shall be patch or Insert and 
plain, with no flaps, pleats, bellows, tucks or 
tabs. 

(4) Sleeves, if any, on Models A and C 
shall be either l / 4 length or full length, and 
on Models B. D and E shall be full length. 

Schedule C— Junior Girls’, Children’s and 
Infants’ Sweaters 

No producer shall put yarn owned by him 
into knitting, or cause yarn owned by him to 
be put into knitting, to make Junior girls’, 
children s or infants’ sweaters except as fol¬ 
lows: 

(a) The number of styles used In the bal¬ 
ance of the calendar year 1943. and in each 
following calendar year, shall not exceed 50% 
of the number of styles used in the calendar 
year 1941 or 20 styles, whichever is greater. 

(b) Models shall be basically one or more 
of the following: 

(1) Model A—Pullover. 

(2) Model B—Cardigan. 

(3) Model C—Open sacque. 

(4) Model D—Button sacque. 

(c) Sizes shall range as follows: 

(1) Junior girls’, in Models A and B—6 to 
12 years, inclusive. 

(2) Children’s, in Models A and B—3 to 6 
years, Inclusive. 

(3) Infants’, in Models A and B—0 to 3 
years, inclusive. 

(4) All Models C and D shall not exceed 9 
inches by 12 inches. 

(d) Weights shall not exceed those cur¬ 
rently used except where the increase results 
from a necessary change in the basic fibres. 

(e) The following features shall be elimi¬ 
nated : 

(1) Twin sets. 

(2) Overlapping collars on sizes 8 years and 
above. 

(3) Hand embroidery, applique or decora¬ 
tive effects in sizes 3 to 12 years. Inclusive. 

(f) Other restrictions shall be as follows: 

(1) No style shall be produced in excess of 
6 color arrangements in any single season. 

(2) The number of pockets shall not ex¬ 
ceed one on Models A and B in infants’ sizes 
0 to 3 years, inclusive, and shall not exceed 
two on Models A and B in children’s and 
Junior girls’ sizes 3 to 12 years, inclusive. 


Schedule D—Men’s, Boys' and Junior Boys' 

Knit Bathing 8uit-Trunks and Bathing 

Suits 

No producer shall put yarn owned by him 
Into knitting, or cause yarn owned by him 
to be put into knitting, to make men's, boys’ 
or Junior boys’ bathing suit-trunks or bath¬ 
ing suits except as follows: 

(a) The number of styles used in the bal¬ 
ance of tlfe calendar year 1943, and in each 
following calendar year, shall not exceed 50% 
of the number of styles used in the calendar 
year 1941 or 20 styles, whichever is greater. 

(b) Models shall be basically one or more 
of the following: 

(1) Model A—Bathing suit—standard reg¬ 
ulation skirted. 

(2) Model B —Bathing trunk — standard 
regulation. 

(3) Model C —Bathing shirt — standard 
with cut-out armhole and neck. 

(c) Sizes shall range as follows: 

(1) Men’s, in Models A and C—chest 34 
to 46, inclusive. 

(2) Boys’, in Models A and C—chest 28 to 
36. inclusive. 

(3) Junior boys’, in Model A—6 to 12 years, 
inclusive. 

(4) Men’s, in Model B—waist 28 to 40. in¬ 
clusive. 

(5) Boys’, in Model B—waist 26 to 32, in¬ 
clusive. 

(6) Junior boys’, in Model B—waist 20 to 
26. inclusive. 

(d) The following features shall be elimi¬ 
nated: 

(1) Side stripes on Model B. 

(2) Fly-fronts or imitations thereof on 
Model B. 

(3) Combination of both belt loops and 
drawstrings on Model B. 

(e) Other restrictions shall be as follows: 

(1) No style shall be produced in excess 
of four color arrangements in any single sea¬ 
son. 

(2) Number of belt loops on Model B shall 
not exceed six. 

(3) Number of pockets on Models A and 
B shall not exceed one. 

(4) Waist hems on Model B shall not ex¬ 
ceed three inches. 

(5) Leg hems on Models A and B shall not 
exceed one inch. 

Schedule E—Ladies', Misses', Junior Girls' 
and Children's Bathing Suits 

No producer shall put yarn owned by him 
into knitting, or cause yam owned by him 
to be put into knitting, to make ladies’, 
misses. Junior girls’ or children’s bathing 
suits except as follows: 

(a) The number of styles used in the bal¬ 
ance of the calendar year 1943. and In each 
following calendar year, shall not exceed 50% 
of the number of styles used in the calendar 
year 1941 or 20 styles, whichever is greater. 

(b) Sizes shall range as follows: 

(1) Ladies’_34 to 46. inclusive. 

(2) Misses’—10 to 16 years, inclusive. 

(3) Junior Girls’—6 to 12 years, inclusive. 

(4) Children’s—3 to 6 years, Inclusive. 

(c) The following features shall be elimi¬ 
nated: 

(1) Puffing, tucking or shirring, except that 
shirring in the brassiere unit for fit purposes 
shall be permitted. 


(2) Buttons, eyelets or lacing for purely 
ornamental purposes. 

(3) Sashes. 

(4) Gores in skirt. 

(5) Scalloping from self material. 

(6) Embroidery and side stripes on bathing 
suits in Junior girls* sizes. 

(7) Pockets, belt or loops on bathing suits 
or trunks in Junior girls’ sizes, and belts or 
loops on all one-piece bathing suits. 

(8) Attached ornaments, except appliques 
as allowed in this schedule. 

(9) Combination of both appliques and 
other trimmings. 

(d) Other restrictions shall be as follows: 

(1) Bathing suits in Junior girls’ and chil¬ 
dren’s sizes shall be produced only in the 
Maillot model or trunk model. 

(2) Number of colors, whether or not the 
colors are used in combination, for each style 
shall not exceed six in ladies’ and misses' 
sizes, and shall not exceed four in Junior girls’ 
and children’s sizes, in any single season. 
The number of colors in any combination of 
colors shall not exceed two. 

(3) Number of appliques shall not exceed 
three on bathing suits in ladies’ and misses’ 
sizes, and shall not exceed two on bathing 
suits in Junior girls’ sizes, not including trade 
emblems. 

(4) Each applique, except trade emblems, 
shall be made from one piece of fabric. 

(5) Skirt flare shall not exceed 54 inches 
in circumference on size 34, with a two-inch 
grading for each other size. 

Schedule F—Knitted Headwear and 
Mufflers ^ 

No producer shall put yarn owned by him 
into knitting, or cause yarn owned by him 
to be put into knitting, to make headwear 
or mufflers except as follows: 

(a) The number of styles used in the bal¬ 
ance of the calendar year 1943, and in each 
following calendar year, shall not exceed 50% 
of the number of styles used in the calendar 
year 1941 or 20 styles, whichever is greater. 

(b) Hand embroidery shall be eliminated. 

(c) Other restrictions shall be as follows: 

(1) No style shall be produced in excess of 
six color arrangements in any single season. 

(2) The finished weight of knitted head- 
wear or mufflers shall not exceed three and 
one-half pounds per dozen. 

(3) The finished length of knitted mufflers 
shall not exceed 52 inches. 

Schedule G—Knitted Gloves and Mittens 

No producer shall put yarn owned by him 
into knitting, or cause yarn owned by him 
to be put into knitting, to make gloves or 
mittens except as follows: 

(a) The number of styles used in the bal¬ 
ance of the calendar year 1943, and in each 
following calendar year, shall not exceed 30% 
of the number of styles used in the calendar 
year 1941 or 16 styles, whichever is greater. 

(b) The following features shall be elimi¬ 
nated: 

(1) Embellishments. 

(2) Adorning stitches. 

(c) No style shall be produced in excess of 
six color arrangements in any single season. 

(F. R. Doc. 43-13615; Filed. August 20. 1943; 

11:27 a. m.J 














FEDERAL REGISTER, Saturday, August 21, 1943 11563 


Chapter XI—Office of Price 
Administration 

Part 1347— Paper, Paper Products, Raw 

Materials for Paper and Paper Prod¬ 
ucts, Printing and Publishing 

[MPR 400,* Arndt. 1] 

fine papers and certain paperboards 

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 400 is 
amended in the following respects: 

1. Section 1 is amended to read as 
follows: 

Section 1. Prohibition against dealing 
in fine papers and certain paperboards 
at prices above the maximum prices — 

(a) Sales covered by the regulation . 
On and after July 5, 1943, in the area 
covered by this regulation, regardless of 
any contract, agreement, lease or other 
obligation, no merchant shall sell, de¬ 
liver or transfer any of the fine papers or 
paperboards covered by this regulation, 
and no person shall buy or receive any 
such fine papers or paperboards from 
any merchant at prices higher than the 
maximum prices set forth in this regula¬ 
tion; and no person shall agree, offer, 
solicit, or attempt to do any of the fore¬ 
going. If the seller and buyer are not 
both located in the area covered by this 
regulation, then the location of the buyer 
and not that of the seller determines 
whether the transaction is subject to this 
regulation. 

(b) Sales not covered by the regula¬ 
tion, (1) The provisions of this section 
shall not be applicable to sales or deliv¬ 
eries of fine papers or paperboards, if 
prior to July 5. 1943, they had been re¬ 
ceived by a carrier, other than a carrier 
owned or controlled by the seller, for 
shipment to the buyer. 

(2) The provisions of this section shall 
not be applicable to sales or deliveries by 
a merchant of fine papers in cases where 
the manufacturer of the paper sells it 
through a merchant to a specific pur¬ 
chaser, or sells it to a merchant for re¬ 
sale to a specific purchaser if the follow¬ 
ing conditions are present: 

(i) The manufacturer is directly in¬ 
volved in the determination of the final 
price to the purchaser, and 

(ii) The merchant’s sole compensa¬ 
tion for the service rendered is in the 
form of a selling discount, commission or 
fee. 

Such sales are considered sales by the 
manufacturer and are subject to the 
appropriate regulation governing manu¬ 
facturers* sales. This exception, how¬ 
ever, does not apply to sales of paper- 
board. 

2. Section 17 (c) is amended to read 
as follows: 

(c) Job lots and seconds. On a sale 
of job lots or second qualities the mer¬ 


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

1 8 Fit. 7556. 


chant shall specify on his invoice or on 
the wrapping of the paper that it con¬ 
sists of such quality. 

This amendment shall become effec¬ 
tive August 19, 1943. 

(Pub. Laws 421 and 729, 77th Cong.; Pub. 
Laws 151, 78th Cong.; E.O. 9250. 7 F.R. 
7871, E.O. 9328, 8 FR. 4681) 

Issued this 19th day of August 1943. 

Chester Bowles, 
Acting Administrator. 

(F. R. Doc. 43-13565; Filed, August 19, 1943; 
3:04 p. m.| 


Part 1351— Food and Food Products 
(MPR 296 * 1 * Arndt. 7J 

flour from wheat, semolina and farina 

SOLD BY MILLERS AND BLENDERS 

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 1351.1666 Appendix A (III) (c) 
(i) and (ii) are amended to read as fol¬ 
lows: 

(c) At destinations in all states except 
those mentioned in paragraphs (a) and 
(b) hereof, the maximum prices shall be 
determined as follows: 

(i) For flour milled in the states of 
Washington, Oregon, Idaho (north of 
the southern boundary of Idaho County), 
Montana. Wyoming, North Dakota, 
South Dakota, Minnesota, Wisconsin and 
Iowa, the maximum prices shall be $7.61 
per barrel for bakery cake flour, $6.36 
per barrel for other soft wheat bakery 
flour with an ash content of .41% or less 
and $5.96 per barrel for other soft wheat 
bakery flour with an ash content greater 
than .41%, plus the charge at the lowest 
flat domestic carload rail rate from Spo¬ 
kane, Washington, to the destination. 

(ii) For flour milled in the states of 
California, Nevada, Utah, Idaho (south 
of the southern boundary of Idaho 
County), Colorado, Arizona and New 
Mexico, the maximum prices shall be 
$7.85 per barrel for bakery cake flour, 
$6.60 per barrel for other soft wheat 
bakery flour with an ash content of .41% 
or less and $6.20 per barrel for other soft 
wheat bakery flour with an ash content 
greater than .41% plus the charge at the 
lowest flat domestic carload rail rate 
from Ogden, Utah, to the destination. 

This amendment shall become effec¬ 
tive August 25, 1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871; E.O. 7328. 8 F.R. 4681) 

Issued this 19th day of August 1943. 

Chester Bowles, 
Acting Administrator. 

(F. R. Doc. 43-13566; Filed. August 19. 1943; 

, 3:03 p. ra j 


1 8 F.R. 158. 612, 2598, 3703, 7567, 7599, 8544, 
9159, 10362, 10758. 


Part 1407— Rationing of Food and Food 
Products 

(RO 13, 1 Arndt. 53] 

PROCESSED FOODS 

A rationale for this amendment has 
been issued simultaneously herewith and 
has been filed with the Division of the 
Federal Register.* 

Ration Order 13 is amended in the 
following respects: 

1. The fourth sentence of section 9.5 
(c) (3) is amended to read as follows: 

If the transferor does not get the 
points within the time required by this 
subparagraph, he must immediately 
notify the district (or state) office for 
the place where his establishment is lo¬ 
cated, of the default. 

2. A new sentence is added at the end 
of section 9.5 (c) (3) to read as follows: 

If the District Manager (or State Di¬ 
rector) is satisfied that the transferee is 
in default, he may take any steps which 
he deems reasonably necessary to inform 
the transferee’s present and prospec¬ 
tive suppliers of the default so that they 
will know that his right to acquire proc¬ 
essed foods is restricted as provided in 
this subparagraph. When the trans¬ 
feree is no longer in default, the District 
Manager (or State Director) shall so 
inform all persons whom he informed 
of the default. 

This amendment shall become effec¬ 
tive August 24. 1943. 

(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 FR. 10179; WPB Directive 1, 7 F.R. 
562: Food Directive 3, 8 FR. 2005, and 
Food Directive 6, 8 F.R. 2251) 

Issued this 19th day of August 1943. 

Chester Bowles, 
Acting Administrator. 

(F. R. Doc. 43-13567; Filed, Axigust 19, 1943; 

3:03 p. m.J 


Part 1407— Rationing of Food and Food 
Products 
[RO 16, 5 Arndt. 54J 
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.* 

Ration Order 16 is amended in the fol¬ 
lowing respects: 

1. The fourth sentence of section 10.5 

(d) (3) is amended to read as follows: 

If the transferor does not get the 
points within the time required by this 


*8 FR. 1840. 2288. 2681, 2684, 2943. 3179, 
3949. 4342. 4525, 4726. 4784, 4921. 5318, 5342, 

5480. 5568. 5757, 5758, 5818. 5819. 5847. 6046. 

6137. 6138. 6181, 6838, 6839. 7267. 7268. 7380, 

7353. 7490. 7589, 8357. 8705, 9024, 9012, 9216, 

9305. 9459. 10511, 10865. 

*8 F.R. 6446. 6614. 6620. 6687, 6840. 6960, 
6961, 7115, 7268, 7381, 7281, 7589, 7455. 7491, 

8357. 8540, 8614, 8844. 8869, 9014, 9025, 9217, 

9305, 9886, 10085, 10432, 10611, 10665, 10763. 














11564 


FEDERAL REGISTER, Saturday, August 21, 1943 


subparagraph, he must immediately 
notify the district (or State) office for 
the place where his establishment is lo¬ 
cated, of the default. 

2. A new sentence is added at the end 
of section 10.5 (d) (3) to read as follows: 

If the District Manager (or State Di¬ 
rector) is satisfied that the transferee is 
in default, he may take any steps which 
he deems reasonably necessary to inform 
the transferee’s present and prospective 
suppliers of the default so that they will 
know that his right to acquire foods 
covered by this order is restricted as pro¬ 
vided in this subparagraph. When the 
transferee is no longer in default, the 
District Manager (or State Director) 
shall so inform all persons whom he 
informed of the default. 

This amendment shall become effective 
August 24, 1943. 

(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 FJt. 2005; Food Dir. 5, 8 FJR. 2251; Food 
Dir. 6, 8 F.R. 3471; Food Dir. 7, 8 F.R. 
3471) 

Issued this 19th day of August 1943. 

Chester Bowles, 

Acting Administrator. 

[F. R. Doc. 43-13572; Filed, August 19. 1943; 
3:00 p. m.] 


Part 1432—Rationing of Consumers' 
Durable Goods 
{Revocation of RO 9 * l \ 

HEATING STOVES 

A rationale accompanying this order, 
issued simultaneously herewith, has been 
filed with the Division of the Federal 
Register.* 

Ration Order No. 9 (§§ 1432.1 to 
1432.67, inclusive) is hereby revoked, 
subject to the provisions of section 5.1 
of General Ration Order No. 8. 

Tins order of revocation shall become 
effective at 12:01 a. m. on August 24, 
1943. 

(Pub. Law 671, 76th Cong.; as amended 
by Pub. Laws 89, 421 and 507. 77th Cong.; 
WPB Directive No. 1, 7 F.R. 562; Supp. 
Directive No. 1-S, 7 F.R. 10668; E.O. 9125, 
7 F.R. 2719) 

Issued this 19th day of August 1943. 

Chester Bowles, 

Acting Administrator. 

{F. R. Doc. 43-13573; Filed. August 19, 1943; 
3:00 p. m.| 

Part 1432—Rationing of Consumers’ 
Durable Goods 
|RO 9A] 

STOVES 

The War Production Board has deter¬ 
mined,that the curtailment of the pro¬ 
duction of stoves as an aid to conserva¬ 


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

1 7 FJt. 10720; 8 F.R. 1318. 2433, 2722, 2941, 
8003, 3716. 10668. 


tion of scarce materials and manpower 
also requires, in the interests of the war 
effort, broadening of the stove rationing 
program to effect a fair distribution of 
the limited supply available for civilian 
use. To accomplish the purpose. Ration 
Order No. 9, which has been in effect 
since December 19, 1942, is supplanted 
by a new Ration Order 9A, effective Aug¬ 
ust 24, 1943. 

Ration Order 9A expands the scope of 
the program heretofore in effect with 
respect to the area in which stoves are 
rationed, the types of stoves rationed, 
and the control of distribution at trade 
levels. Whereas under Ration Order No. 
9 only new domestic heating stoves were 
rationed, and were rationed only in the 
states where fuel oil is rationed, the new 
order covers nearly all types of new 
domestic cooking stoves as well as of 
heating stoves, and applies to all forty- 
eight (48) states and the District of Co¬ 
lumbia. And whereas under Ration 
Order No. 9 control over the distribution 
of stoves was confined to persons who 
sold to consumers, the present order ex¬ 
tends distribution control to all levels, 
from manufacturers through distribu¬ 
tors and dealers to consumers. 

The eligibility standards which con¬ 
sumers had to meet to be entitled to a 
stove certificate under Ration Order No. 
9 have been carried over, without sub¬ 
stantial change, into the new order. 
However, the need for conserving certain 
types of fuels, such as oil or gas, in 
areas where those fuels are scarce as 
compared with other fuels, is reflected in 
certain additional restrictions upon eli¬ 
gibility, applicable In the areas where 
those fuels are relatively scarce. In ad¬ 
dition, a system of quotas is instituted 
under the new program in order to bal¬ 
ance supply and distribution. Equitable 
distribution of the available supply will 
also be promoted by adoption of the 
“flow-back” system through all levels of 
the trade, a control procedure which in 
other rationing programs has proved in¬ 
strumental in directing supply to areas 
of demand and thereby preventing ac¬ 
cumulation of stocks urgently needed by 
dealers and distributors in other locali¬ 
ties. 

The Army, Navy and other exempt 
agencies will continue to obtain their 
stoves under the priority order system 
of the War Production Board. Similarly, 
persons who need stoves for export and 
those who need them in projects author¬ 
ized by that Board will continue to fol¬ 
low the procedure now used. Stoves ob¬ 
tained by these users will not be charged 
to civilian supply quotas. 

§ 1432.68 Rationing of stoves. Under 
the authority vested in the Price Admin¬ 
istrator by Executive Order No. 9125, is¬ 
sued by the President on April 7, 1942; 
and by Directive No. 1, and Supplemen¬ 
tary Directive No. 1-S of the War Pro¬ 
duction Board, issued on January 24, 
1942, and May 8. 1943, respectively, Ra¬ 
tion Order 9A, which is annexed hereto 
and made a part hereof, is hereby issued. 

Authority: § 1432.68 issued under Pub. Law 
671, 76th Cong., as amended by Pub. Laws 89, 
421, 507 and 729, 77th Cong.; E.O. 9125. 7 F.R. 
2719; WPB Dir. 1, 7 FJEt. 562, and Supp. Dir. 
1-S, 8 F St. 6018. 


Ration Order 9A— Stoves 

ARTICLE I—INTRODUCTION 

Sec. 

1.1 Stoves covered by this order, 

1.2 Stoves are classified according to type. 

1.3 How stoves are rationed. 

ARTICLE n —CONSUMERS 

2.1 Who Is a consumer. 

2.2 Consumer may not order a stove with¬ 

out a certificate. 

2.3 Heating stoves—eligibility require¬ 

ments. 

2.4 Cooking stoves—eligibility require¬ 

ments. 

2.5 Combination heating and cooking 

stoves—eligibUlty requirements. 

2.6 How application is made for certificate. 

2.7 How boards issued certificates. 

2.8 Any consumer may acquire stoves for 

experimental or technological pur¬ 
poses. 

ARTICLE in—DEALERS AND DISTRIBUTORS 

3.1 Explanation of the terms dealer estab¬ 

lishment, distributor establishment, 
dealer, and distributor. 

3.2 Dealers and distributors must register. 

3.3 A dealer or distributor may not acquire 

stoves if he does not register. 

3.4 Office of Price Administration to return 

original registration. 

3.5 Dealers and distributors must report 

their inventories. 

3.6 Dealers and distributors must report 

their sales. 

3.7 A dealer or distributor establishment 

is given an allowable inventory. 

3.8 Application may be made for adjust¬ 

ments. 

3.9 Dealers and distributors may get cer¬ 

tificates to replace destroyed, lost or 
stolen stoves. 

3.10 Distributors and dealers must keep 

records. 

ARTICLE IV—MANUFACTURERS 

4.1 Explanation of the terms manufactur¬ 

ing establishment and manufac¬ 
turer. 

4.2 Manufacturers must file reports. 

4-3 Manufacturer must send in certifi-* 

cates with his monthly report. 

4.4 Manufacturers must keep records. 

ARTICLE V—ISSUANCE AND USE OF CERTIFICATES 

5.1 How certificates are Issued. 

5.2 Certificates are the property of the 

Office of Price Administration and 
may be revoked. 

5.3 Endorsement of certificates. 

5.4 Combining and splitting up certifi¬ 

cates. 

5.5 How to replace lost, stolen, destroyed. 

damaged or mutilated certificates. 

5.6 Names of persons who have been 

granted certificates may be posted. 

ARTICLE VI—SALES AND TRANSFERS OF STOVES 

6.1 Only dealers, distributors and manu¬ 

facturers may transfer stoves. 

6.2 Stoves may be transferred only for 

certificates. 

6.3 When certificates must be surrendered. 

6.4 Dealers, distributors and manufactur¬ 

ers must acknowledge orders; if 
unable to deliver must return cer¬ 
tificates. 

6.5 Dealers, distributors and manufactur¬ 

ers mfty not discriminate in sale of 
stoves. * 

6.6 Transfers to or for exempt agency, ex¬ 

port or project authorized by gov¬ 
ernment agency are not restricted. 

ARTICLE VII-PERMITTED TRANSFERS WITHOUT 

CERTIFICATES 

7.1 Stove3 in transit to dealers, distribu¬ 

tors and manufacturers on August 
31, 1943, or to consumers on August 
23. 1943. 












11565 


FEDERAL REGISTER, Saturday , August 21, 1943 


Sec. 

7.2 Stoves may be moved to establish¬ 

ment in whose inventory they are 
included. 

7.3 Stoves may be stored and returned. 

7.4 Stolen or lost stoves may be returned. 

7.5 Stoves may be exchanged for other 

stoves. 

7.6 Security interests in stoves may be 

created and released. 

7.7 Stoves may be transferred for liquida¬ 

tion. by operation of law, or in ju¬ 
dicial proceedings. 

7.8 Stoves may be acquired by insurers or 

for salvage. 

7.9 Transfer of damaged stoves without 

certificates. 

7.10 Stoves may be transferred in connec¬ 

tion with transfer of a business. 

ARTICLE VIH—RECORDS, REPORTS AND 
INSPECTIONS 

8.1 Records must be kept for two years. 

8.2 Records may be inspected by Office of 

Frice Administration. 

8.3 Places where stoves are kept may be 

inspected. 

8 4 Records and reports are confidential. 

8.5 Office of Price Administration may re¬ 

quire applicants to give information. 

ARTICLE IX—SALE OP BUSINESS AND OPENING OR 
CLOSING OP BUSINESS 

9.1 Transfer of a continuing business. 

9.2 Movement of an establishment from 

one place to another place by the 
same person. 

9.3 New business. 

9 4 Closing*of business. 

9.5 Acquisition of a business by will or 

by operation of law. 

ARTICLE X-MISCELLANEOUS RULES AND 

PROHIBITIONS 

10.1 Additional prohibitions. 

10.2 Certificates may not be taken by legal 

process or acquired by will. 

10.3 Office of Price Administration must 

be notified of legal proceedings. 

ARTICLE XI—SUSPENSION ORDERS 

11 1 Office of Price Administration may 
issue suspension orders. 

ARTICLE XII—APPEALS 

12.1 Persons directly affected by action 

taken under this order may appeal. 

ARTICLE XIII—DEFINITIONS 

13.1 Definitions. 

Article l—Introduction * 

Section 1.1 Stoves covered by this or¬ 
der. (a) This order covers “new” heat¬ 
ing. cooking, and combination heating 
and cooking “stoves” designed for use in 
the household, for installation on or 
above the floor, and for the use of coal, 
wood, oil, kerosene, gasoline or gas as 
a fuel. It also covers conversion burn¬ 
ers used in converting heating or cock¬ 
ing stoves to the use of oil. The order 
does not cover any equipment which 
has been used more than 60 days, nor 
does it apply to electric, charcoal or al¬ 
cohol stoves, gas hot plates, gas laundry 
stoves, furnaces, waterheaters, laundry 
stoves having built-in water jackets or 
coils, or v cod-burning sheet metal stoves 
which ar^ not equipped with grates or 
cast iron base or linings, or equipment 


1 Words which are specially defined In this 
order are shown in quotation marks the first 
time they appear in each article. Defini¬ 
tions are given In section 13.1 (a) of this 
order. 


designed for commercial, industrial, 
agricultural or institutional use. 

Sec. 1.2 Stoves are classified accord¬ 
ing to type, (a) There are seven “types” 
of equipment covered by this order: 
heating stoves of three fuel types: (1) 
coal or wood heating stoves, (2) oil heat¬ 
ing stoves (including those using kero¬ 
sene or gasoline as a fuel), (3) gas heat¬ 
ing stoves; cooking stoves of the same 
three fuel types: (4) coal or wood cook¬ 
ing stoves, (5) oil cooking stoves (in¬ 
cluding those using kerosene or gasoline 
as a fuel), (6) gas cooking stoves; and 
(7) conversion burners. Whenever the 
word “stove” is used in this order, with¬ 
out referring to any particular type, all 
seven types are being referred to. 

Sec. 1.3 How stoves are rationed, (a) 
Stoves are rationed among eligible “con¬ 
sumers” through the issuance by 
“boards” of “certificates” on OPA Form 
R-901. (The eligibility requirements are 
given in sections 2.3 to 2.5, inclusive, and 
in section 2.8). A certificate may be 
used to buy or “acquire” only the type 
of stove shown on its face. “Persons” 
who sell stoves replenish their stocks 
with the types of stoves they have sold 
by presenting to the persons who supply 
them, certificates which they get from 
their customers. 

(b) The total number of certificates 
which a board may issue to consumers is 
limited by quotas set for that board dur¬ 
ing periods fixed by the Office of Price 
Administration. The “Washington Of¬ 
fice” may allocate or direct the allocation 
of quotas and reserve quotas for each 
type of stove covered by this order for 
such areas and such periods of time as it 
may determine, and it may at any time 
adjust, readjust or revoke such quotas 
and alter or otherwise change such areas 
or periods of time. 

(c) This order is not intended to limit 
or restrict the quantity of stoves obtain¬ 
able by the Army, Navy, Marine Corps, 
Coast Guard. War Shipping Administra¬ 
tion or Maritime Commission of the 
United States (called exempt agencies in 
this order); or by agencies of the United 
States or other persons to the extent to 
which they acquire stoves for export to 
and consumption or use in any foreign 
country or territory or possession of the 
United States (other than the District of 
Columbia); or, by agencies of the United 
States or other persons to the extent to 
which they acquire stoves for installation 
in a project when such installation has 
been specifically authorized by the War 
Production Board by the issuance of an 
order in the series designated P-19/P-55 
or P-110 by that board. Transfers to or 
for exempt agencies or to or for persons 
acquiring stoves for export or for in¬ 
stallation in a project authorized by the 
War Production Board, and the replen¬ 
ishment of stoves transferred to or for 
such persons by dealers and distributors, 
are made under applicable priority 
orders of other agencies of the United 
States. 

Article II—Consumers 

Sec. 2.1 Who is a consumer, (a) 
Any “person” who needs or has “ac¬ 
quired” a “new stove” for any use is a 
“consumer”. However, an exempt 


agency or a person acquiring a stove for 
export or for installation in a project 
authorized by the War Production Board 
is not a consumer within the meaning of 
this order. 

Sec. 2.2 Consumer may not order a 
stove without a certificate. (a> No 
consumer may buy or acquire a new stove 
unless he gives up to the seller or trans¬ 
feror a “certificate” for that “type” of 
stove at or before the time he orders it. 

Sec. 2.3 Heating stoves—eligibility 
requirements— (a) Where the consumer 
has no equipment available. Any con¬ 
sumer who needs a stove to heat essen¬ 
tial living or working space and who has 
no equipment for that purpose may be 
given a certificate for any of the follow¬ 
ing types of stoves: 

(1) A coal or wood heating stove; 

(2) An oil heating stove or a conver¬ 
sion burner (i) for use outside the 
“emergency oil shortage area”, or (ii) 
for use inside that area if a coal or wood 
stove cannot be obtained or is not ade¬ 
quate for the purpose. (The emergency 
oil shortage area is that area described 
in Ration Order No. 11 as the limitation 
area, other than the States of Georgia, 
Oregon. Washington, and the parts of 
Florida and Idaho covered by that or¬ 
der) ; or, 

(3) A gas heating stove if the War Pro¬ 
duction Board does not prohibit the de¬ 
livery of a gas stove or gas for its oper¬ 
ation. 

(b) Where the consumer has equip¬ 
ment which is worn out or damaged. 
Any consumer who needs a stove to heat 
essential living or working space and 
who has available for that purpose only 
equipment which is worn out or damaged 
and cannot be repaired within a reason¬ 
able time or at a reasonable cost may 
be given a certificate for any of the fol¬ 
lowing types of stoves for replacement of 
the worn out or damaged equipment: 

(1) A coal or wood heating stove: 

(2) An oil heating stove or a con¬ 
version burner (i) for use outside the 
emergency oil shortage area, or (ii) for 
use inside that area to replace oil heat¬ 
ing equipment; or to replace heating 
equipment other than oil heating equip¬ 
ment if a coal or wood stove cannot be 
obtained or is not adequate for the 
purposes; or, 

(3) A gas heating stove (i) to replace 
any heating equipment if the War Pro¬ 
duction Board does not prohibit the de¬ 
livery of a gas stove or gas for its oper¬ 
ation, or (ii) to replace a gas heating 
stove of the same or greater heating 
capacity if the War Production Board 
limits the delivery of gas or the replace¬ 
ment of gas heating stoves in that 
manner. 

Sec. 2.4 Cooking stoves—eligibility re¬ 
quirements. (a) Any consumer who 
needs a stove for cooking and who has 
no equipment for that purpose, or who 
has only equipment which is worn out or 
damaged and cannot be repaired within 
a reasonable time or at a reasonable cost, 
may be given a certificate for any type 
of cooking stove. (Eligibility for a com¬ 
bination heating and cooking stove is 
covered in the next section.) 

Sec. 2.5 Combination heating and 
cooking stoves—eligibility requirements. 








11366 


FEDERAL REGISTER, Saturday , August 21, 1943 


(a) Any consumer who wishes to have 
a combination heating and cooking stove 
must show that he is eligible for both a 
cooking stove and a heating stove burning 
the kind of fuel used in the heating part 
of the combination stove. 

Sec. 2.6 How application is made for 
certificate, (a) A consumer may apply 
for a certificate on OP A Form R-900. 
The application must be made by the 
consumer himself or by someone acting 
for him, and may be made in person or 
by mail. The application may be made 
only to the “board” serving the area 
where the stove is to be used. Separate 
applications must be made for each type 
of stove for which a certificate is sought. 

Sec. 2.7 How boards issue certificates. 

(a) The board may issue a certificate to 
the applicant on OP A Form R-901 for the 
number of stoves to which he is entitled, 
if it finds 

(D That the applicant is eligible for 
the certificate applied for; 

(2) That he has not without good cause 
in the sixty day period before the date of 
his application sold or otherwise trans¬ 
ferred a stove which is adequate for the 
purpose for* which the application is 
made; 

(3) That the stove is required for use 
in the area served by the board; and, 

(4) That the quota for that board wiU 
not be exceeded by the issuance of the 
certificate. 

The board must issue a separate cer¬ 
tificate for each type of stove, and must 
indicate on the face of each certificate 
at the time it is issued, in addition to 
the other information required by the 
form, the type of stove which may be 
acquired. However, no board may issue 
a certificate for a gas heating or cooking 
stove if it has reason to believe that gas 
service will not be available for its 
operation. 

Sec. 2.8 Any consumer may acquire 
stoves for experimental or technological 
purposes, (a) Any consumer who needs 
a stove for experimental or scientific pur¬ 
poses or for use in connection with a 
technological process may apply for a 
certificate on OPA Form R-900. The ap¬ 
plication may be made by mail or in per¬ 
son and must be made in writing to the 
board serving the area where the stove 
is to be used, showing: 

(1) The name and address of the ap¬ 
plicant; 

(2) The type of stove needed; and, 

(3) The reason it is needed. 

(b) If the board finds that the stove 
for which the application is made is 
needed for experimental or scientific pur¬ 
poses or for use in connection with a 
technological process, it may issue a cer¬ 
tificate on OPA Form R-901 to the ap¬ 
plicant for the type of stove applied for, 
if the quota for that type will not be ex¬ 
ceeded by the issuance of the certificate. 

Article III—Dealers and Distributors 

Sec. 3.1 Explanation of the terms 
dealer establishment, distributor estab - 
lishment, dealer, and distributor, (a) 
Any place where a “person" regularly 
buys and sells "stoves covered by this 
order" is a "dealer establishment" if the 
sales or other "transfers" from there are 
made primarily to "consumers". Such 


a place is a “distributor establishment” 
if the sales or other transfers from there 
are made primarily to persons other than 
consumers or primarily to supply one’s 
own establishments. However, if a place 
is used by a person to keep stoves just 
to supply his own establishments, that 
place is a distributor establishment only 
if it supplies: 

(1) At least two of his distributor es¬ 
tablishments, or 

(2) At least three of his dealer estab¬ 
lishments. 

(b) Any person who has a dealer es¬ 
tablishment is called a "dealer" and any 
person who has a distributor establish¬ 
ment is called a "distributor." 

Sec. 3.2 Dealers and distributors 
must register —(a) General. Every 
dealer and every distributor must regis¬ 
ter with the "board" serving the area 
where the establishment is located by 
filing three (3) copies of OPA Form 
R-902 at any time between September 1, 
1943 and September 3, 1943, inclusive. 
Each copy must be completed and signed 
by the person registering or his author¬ 
ized agent. 

(b) Dealers and distributors ?nust give 
information called for. The dealer or 
distributor must give all information 
called for by OPA Form R-902. 

(c) Each establishment ?nust be regis¬ 
tered separately. If a dealer or distribu¬ 
tor has more than one establishment he 
must file separate registration forms for 
each. 

(d) Filing by mail . Where a registra¬ 
tion form is filed by mail, it is considered 
filed on time if the envelope in which it 
is enclosed is postmarked on or before 
September 3, 1943. 

(e) Dealers and distributors who do 
not register on time. A dealer or dis¬ 
tributor who has failed to register within 
the time fixed by this section may apply 
to his board for permission to file his 
registration form, explaining in writing 
the reasons why he did not register on 
time. The board shall send the written 
explanation to the "district office", and 
may attach its recommendation. If the 
district office is satisfied that the failure 
to register on time was for good cause, it 
may grant permission to the applicant 
to file his registration form, and may im¬ 
pose any conditions it finds proper. 

Sec. 3.3 A dealer or distributor may 
not acquire stoves if he does not register. 
(a) No dealer or distributor may "ac¬ 
quire" any stove after September 3, 1943, 
unless he has registered in the manner 
required by this order. 

Sec. 3.4 Office of Price Administration 
to return original registration, (a) After 
a dealer or distributor has registered, his 
original registration form as approved by 
the board will be mailed to him. 

Sec. 3.5 Dealers and distributors must 
report their inventories, (a) As a part of 
his registration on OPA Form R-902, a 
dealer or distributor must report, by 
number and "types", the actual and cer¬ 
tificate inventory of stoves covered by 
this order at the close of business on Au¬ 
gust 31. 1943 (or at the time of registra¬ 
tion, if application for registration Is 
made after September 3, 1943). The 
total of those two figures for each type 


of stove is called his "registered inven¬ 
tory" for that type of stove. 

(1) In computing registered inventory, 
cooking stoves using coal and oil are 
treated as oil cooking stoves, and those 
using coal and gas, or oil and gas, are 
treated as gas cooking stoves; combina¬ 
tion heating and cooking stoves using 
coal and oil are treated as oil cooking 
stoves; combination heating and cooking 
stoves using coal and gas, or oil and gas, 
are treated as gas cooking stoves; and 
combination heating and cooking stoves 
using one type of fuel are treated as cook¬ 
ing stoves using that type of fuel. Con¬ 
version burners need not be included in 
registered inventory. 

(b) A dealer’s or distributor’s actual 
inventory consists of all stoves, by type, 
covered by this order (including stoves on 
consignment) that are physically located 
at his establishment or which he holds at 
another place for his establishment, or 
in transit to either of these places. 
However, the following items are not part 
of his inventory: 

(1) Stoves at his establishment kept 
for a person other than a customei or 
transferee, or obtained on the basis of a 
priority order of an agency of the United 
States and held for delivery to the per¬ 
son covered by that order, or held there 
as security for a loan to someone else 
(or a similar transaction), or in transit 
to it for any of those purposes; or, 

(2) Stoves included in the inventory 
of one of his other establishments. If 
he has stoves at or in transit to any 
place other than an establishment as 
defined in this order, he must include 
them in the inventory of one or more of 
his establishments (but may divide them 
among such establishments as he 
chooses), and must report the place 
where they are kept. 

(c) A dealer’s or distributor’s certifi¬ 
cate inventory consists of the number of 
stoves of each type which he has trans¬ 
ferred 'and which are represented by 
"certificates" received by him before 
September 1, 1943. He must also include 
in his certificate inventory stoves which 
he transferred before September 1, 1943, 
to a person covered by a priority order 
of an agency of the United States and 
which he is entitled to replenish under 
that order. 

Sec. 3.6 Dealers and distributors 
must report their sales, (a) A dealer 
or distributor, also as a part of his reg¬ 
istration on OPA Form R-902, must re¬ 
port the number of stoves of each type 
sold by the business in either 1941 or 
1942, whichever is larger. 

(1) In computing his report of sales, 
cooking stoves using coal and oil are 
treated as oil cooking stoves, and those 
using coal and gas, or oil and gas, are 
treated as gas cooking stoves; combina¬ 
tion heating and cooking stoves using 
coal and oil are treated as oil cooking 
stoves; combination heating and cooking 
stoves using coal and gas, or oil and gas. 
are treated as gas cooking stoves; and 
combination heating and cooking stoves 
using but one type of fuel are treated as 
cooking stoves using that type of fuel. 

(2) However, he may not include in 
the report any sales of conversion burn¬ 
ers, or exchanges of stoves, or transfers 
























FEDERAL REGISTER, Saturday , August 21 , 1943 11367 


from one to another of his establish¬ 
ments. 

Sec. 3.7 A dealer or distributor estab¬ 
lishment is given an allowable inven¬ 
tory —(a) General. Every dealer or dis¬ 
tributor is entitled to an operating 
inventory, called an “allowable inven¬ 
tory”, for each establishment if stocks of 
stoves were kept at the establishment (or 
its predecessor) during either 1941 or 
1942. The allowable inventory will cover 
each type of stove transferred in either 
year. If a business was started on or 
after January 1, 1943 (but before July 1, 
1943) and stocks of stoves were kept, the 
establishment is entitled to an allowable 
inventory covering each type of stove 
which was transferred. The allowable 
inventory is based upon the sales of 
stoves, by type, covered by this order and 
is stated in terms of the number of 
stoves, by type. If a dealer or distribu¬ 
tor is not entitled to any allowable in¬ 
ventory for a particular type or types of 
stove, he may apply for relief under sec¬ 
tion 3.8. 

(b) Amount bf allowable inventory . 
The board shall fix as the allowable in¬ 
ventory of an establishment which was 
in business during 1941 and 1942, or all 
of 1942, the allowable inventory figure 
shown in Table I in the supplement to 
this order, by applying the amount of 
sales of stoves, by type, shown on the 
registration form, to that table. The al¬ 
lowable inventory of an establishment 
opened during 1942 or the first six 
months of 1943 will be determined by the 
district office; in such case the board 
may, when it sends a copy of the appli¬ 
cant's registration form to the district 
office, attach its recommendation for the 
amount of the allowable inventory that 
should be authorized. The allowable in¬ 
ventory of an establishment opened after 
June 30, 1943, is covered by section 9.3. 

(1) Exchanges of stoves and transfers 
from one establishment to another es¬ 
tablishment of the same person must 
not be included in the computation. 

(c) If allowable inventory exceeds reg¬ 
istered inventory , board issues certifi¬ 
cates for difference. If a dealer's or dis¬ 
tributor’s registered inventory of any 
type of stove is less than his allowable 
inventory for that type, he is entitled to 
receive a certificate on OPA Form R-901 
for the number of stoves of that type 
needed to make up the difference be¬ 
tween his registered inventory and his 
allowable inventory for that type of 
stove. The certificate will be issued by 
the board with which he is registered. 

(d) If registered inventory exceeds al¬ 
lowable inventory , differejice is owed by 
dealer or distributor . If a dealer’s or 
distributor’s registered inventory of any 
type of stove is greater than his allow¬ 
able inventory for that type, the differ¬ 
ence is excess inventory. Except for good 
^ause, he must give up to the board cer¬ 
tificates equal to his excess inventory 
and may not, until he has done so, use 
any certificate to acquire that type of 
stove. However, upon certification by 
the War Production* Board, the board 
shall increase the allowable inventory of 
a distributor who sells to persons cov¬ 
ered by priority orders of an agency of 
the United States, in the amount of the 


excess of his registered Inventory over 
his allowable inventory as computed un¬ 
der this section, or in the amount of any 
part of such excess specified by the War 
Production Board in its certification. 

(e) What a dealer or distributor must 
do if his allowable inventory is changed . 
Whenever the Office of Price Administra¬ 
tion in the supplement to this order de¬ 
creases a dealer’s or distributor’s allow¬ 
able inventory for any type of stove, the 
dealer or distributor must bring or mail 
his registration form for correction to 
the board with which he is registered. 
The amount of the decrease in his inven¬ 
tory is then treated as excess inventory 
and he must give up certificates to the 
board as required by paragraph (d) of 
this section. If his allowable inventory is 
increased, he may bring his registration 
fornrto his board for correction and re¬ 
ceive inventory certificates for the differ¬ 
ence, as explained in paragraph (c) of 
this section. 

Sec. 3.8 Application may be made for 
adjustments, (a) Any dealer or dis¬ 
tributor who needs an adjustment in his 
allowble inventory or any other relief, 
may apply to the board with which he is 
registered. The application must be in 
writing and he must state all facts which 
he claims show his need for the adjust¬ 
ment, and the nature and amount of the 
adjustment he requests. He must also 
give any other information that the 
board requests. 

(b) A board may not act upon an ap¬ 
plication under this section. It must 
send the application, together with all 
other information received, to the dis¬ 
trict office. It may attach its recom¬ 
mendation for the action that should be 
taken. The district office shall send the 
file to the “Washington Office” for de¬ 
cision, or take such other action as the 
Washington Office may authorize or di¬ 
rect. 

Sec. 3.9 Dealers and distributors may 
get certificates to replace destroyed , lost 
or stolen stoves, (a) Any dealer or dis¬ 
tributor who had stoves covered by this 
order which, after August 31, 1943, were 
destroyed, lost, stolen or taken by opera¬ 
tion of law, may apply for certificates to 
replace them. The application must be 
made to the board with which his estab¬ 
lishment is registered. The application 
must be in writing and must show: 

(1) The applicant’s name and ad¬ 
dress; 

(2) A list of the stpves. by type, which 
he wishes to replace; and, 

(3) The manner in which the loss was 
caused. 

He must also give any other informa¬ 
tion the board may request. 

(b) If the board is satisfied that the 
stoves were destroyed, lost, stolen, or 
taken by operation of law after August 
31,1943, it shall issue a certificate to him 
for the number of stoves of each type to 
be replaced in his establishment. How¬ 
ever, a board may not issue any certifi¬ 
cate for replacement of stoves if the 
dealer or distributor does not continue 
the establishment. 

(c) If the applicant gets back any of 
the stoves covered by the application, he 
must give back to the board for cancella¬ 
tion either the certificates he received 


from the board or certificates received 
from consumers, for the number and 
type of stoves he recovered. 

Sec. 3.10 Distributors and dealers 
must keep records, (a) Every dealer 
and distributor must keep at his prin¬ 
cipal place of business a copy of his 
registration on OPA Form R-902 and 
of any work sheets used by him in taking 
inventory for registration. 

(b) In addition he must keep a record 
of his acquisitions and transfers of 
stoves, by type, whether or not he was 
required to surrender or obtain certifi¬ 
cates for them, including invoices re¬ 
ceived from persons from whom he 
acquired stoves and duplicates of sales 
slips showing transfers made by him. and 
he must also keep a record of all orders 
for stoves which he places with manufac¬ 
turers, dealers or distributors. 

Article IV—Manufacturers 

Sec. 4.1 Explanation of the terms 
manufacturing establishment and manu¬ 
facturer. (a) Any place where a “per¬ 
son” makes or assembles any “stoves cov¬ 
ered by this order” for sale or “trans¬ 
fer” is a “manufacturing establishment”. 
Any person who has a manufacturing es¬ 
tablishment is called a “manufacturer”. 

Sec. 4.2 Manufacturers must file re¬ 
ports —(a) General. Every manufacturer 
must file r, separate monthly report for 
each of his manufacturing establish¬ 
ments, on a form to be designated jointly 
by the Office of Price Administration 
and the War Production Board. The 
form must be filled out and submitted in 
the manner designated on it. 

Sec. 4.3 Manufacturer must send in 
certificates with his monthly report . (a) 
A manufacturer is required to send with 
his monthly report certificates equal in 
number and types to those he received 
for stoves he transferred for certificates 
during the month covered by the report. 
However, he may use certificates received 
• in any month to get back stoves that he 
transferred if they are returned to him, 
or to acquire stoves from another person 
who holds them for transfer. 

A manufacturer should not give up at 
the time he files his report, certificates 
he received for which he made no 
transfers. 

Sec. 4.4 Manufacturers must keep 
records, (a) Every manufacturer must 
keep a record, by types of stoves, show¬ 
ing production, acquisition, and sales. 
He must also keep a record of acquisi¬ 
tions and transfers for which he was 
not required to surrender or obtain cer¬ 
tificates. 

Article V—Issuance and Use of Certifi¬ 
cates 

Sec. 5.1 How certificates are issued — 
(a) By whom issued. “Certificates” are 
issued on OPA Form R-901 by the “Wash¬ 
ington Office”, a “district office”, a 
“board”, or any other “person” author¬ 
ized by the Office of Price Administra¬ 
tion to issue them. Certificates may be 
issued only to the persons and for the 
purposes permitted by this order. 

(b) Humber and type of stoves must be 
designated on certificate. The certifi¬ 
cate must show on its face the number of 
“stoves” and “type” which may be 












11568 


FEDERAL REGISTER, Saturday, August 21, 1943 


“acquired” with it, the name of the per¬ 
son for whom it is issued, and must be 
signed by the appropriate official of the 
Office of Price Administration. (Where 
a certificate is issued for a combination 
stove, it must so state.) In addition, if 
the certificate is issued to a “consumer”, 
it must show the place where the stove is 
to be used and, if for a gas heating 
stove, the heating capacity of the stove. 

(c) A certificate which is not filled out 
in the way required by this section is not 
good for the acquisition of any stove cov¬ 
ered by this order and may not be used 
or accepted for that purpose. 

Sec. 5.2 Certificates are the property 
of the Office of Price Administration and 
may he revoked, (a) All certificates are 
the property of the Office of Price Ad¬ 
ministration, whether or not they have 
been issued. 

(b) The Office of Price Administration 
may suspend, cancel, or revoke any cer¬ 
tificate issued if it finds it in the public 
interest to do so. 

Sec. 5.3 Endorsement of certificates. 

(a) A certificate cannot be used until it 
is signed on the back by the person in 
whose name it is issued, or by a person 
authorized to sign for him. 

(b) Any “dealer”, “distributor”, or 
“manufacturer” must sign his name on 
the back of a certificate before it can be 
used by him to acquire stoves. 

Sec. 5.4 Combining and splitting up 
certificates . (a) A board may Issue one 
certificate for two or more certificates, 
or it may issue two or more certificates 
for a certificate. The certificates is¬ 
sued must be for the same number and 
type of stoves designated on the cer¬ 
tificates surrendered to the board for ex¬ 
change. The board shall issue the new 
certificate in the manner required by 
section 5.1, and it shall retain in its files 
the certificates surrendered. 

Sec. 5.5 How to replace lost, stolen , 
destroyed, damaged or inultilated cer¬ 
tificates . (a) Any person who has lost 

a certificate, or whose certificate was 
stolen or destroyed, or who has a cer¬ 
tificate that is damaged or multilated 
so that it is unfit for use, may apply 
to the board serving the area where his 
establishment is located (or, if he has 
no establishment, where he lives) for 
its replacement. The application must 
be in writing and must state: 

(1) The applicant's name and address; 

(2) A description (to the extent pos¬ 
sible) of each certificate sought to be 
replaced, showing the date of its is¬ 
suance, the person by whom it was is¬ 
sued, the number and type of stoves 
designated on its face, and the name of 
the person to whom it was issued and 
the place where the stove was to be 
used; 

(3) How the certificate was lost, 
stolen, destroyed, damaged, or multi¬ 
lated; and, 

(4) The efforts made to find or re¬ 
cover the certificate sought to be re¬ 
placed, if it has been lost or stolen. 

In case of an application for replace¬ 
ment of a damaged or multilated cer¬ 
tificate, the certificate sought to be re¬ 
placed must be submitted at the time 
the application is made. 


(b) The board, if it finds that the 
certificate for which replacement is 
sought, has been lost, stolen or destroyed, 
or that it is damaged or multilated so 
that it is unfit for use, may, in its dis¬ 
cretion, issue a certificate on OP A Form 
R-901 to the applicant for the same 
number and type of stoves. 

(c) Whenever a lost, stolen or destroyed 
certificate which has been replaced under 
this section is found or recovered, it 
must be immediately submitted to a 
board, and it may not be used for any 
purpose. 

Sec. 5.6 Names of persons who have 
been granted certificates may be posted. 
(a) A board may post at its office the 
name and address of any consumer to 
whom it has issued a certificate under 
this order. 

Article VI—Sales and Transfers of Stoves 

Sec. 6.1 Only dealers, distributors and 
manufacturers may transfer stoves, (a) 
Except in certain special cases provided 
in this order, only “dealers”, “distribu¬ 
tors”, and “manufacturers” may sell or 
otherwise “transfer” “stoves covered by 
this order”.* 

Sec. 6.2 Stoves may be transferred 
only for certificates, (a) Stoves covered 
by this order may be transferred and 
“acquired” only if the transferee gives 
up to the seller or transferor “certifi¬ 
cates” for the number and “type” of 
stoves transferred. The certificates must 
be surrendered at the time stated in the 
next section. They must be endorsed on 
the back by the “person” to whom issued 
and by each person who later uses them 
to acquire stoves, or by someone author¬ 
ized to sign for him. (A combination 
stove may be transferred and acquired if 
the certificate surrendered is for a com¬ 
bination stove.) 

(1) In any case in which the War Pro¬ 
duction Board limits the installation of 
a gas heating stove to replace another 
gas heating stove, only a gas stove having 
a heating capacity equal to or less than 
the heating capacity stated on the certifi¬ 
cate may be transferred to a “consumer”. 

Sec. 6.3 When certificates must be 
surrendered —(a) Consumer contracts; 
trade contracts made on or after Septem¬ 
ber 1, 1943. Beginning August 24, 1943, 
a consumer, and beginning September 1, 
1943, a dealer, distributor, or manufac¬ 
turer, must give up a certificate to the 
transferor of a stove at the time the offer 
is made or the order is placed for that 
stove, and the transferor may not accept 
the offer or order unless it is accom¬ 
panied by a certificate. The setting 
aside or ear-marking of a stove, directly 
or indirectly, is an acceptance of an offer 
or order within the meaning of this para¬ 
graph. 

Note: A consumer may sell or transfer a 
stove to another consumer, in which case he 
must turn over the certificate he obtains 
to the issuing “board” within ten (10) days 
after the transfer has been made. 


3 For convenience, the dealer, distributor, 
or manufacturer who makes the transfer is 
sometimes called “the transferor”, and the 
person who acquires the stove is sometimes 
referred to as “the transferee”. 


(b) Trade contracts made before Sep¬ 
tember 1, 1943. (1) Beginning Septem¬ 

ber 16, 1943, no dealer, distributor, or 
manufacturer may acquire a stove cov¬ 
ered by this order, and no person may 
transfer a stove to him, under a contract, 
agreement or other arrangement en¬ 
tered into between them before Septem¬ 
ber 1, 1943. unless a certificate was given 
up by the transferee to the transferor 
before September 16. 1943. 

(2) If a dealer acquires a stove before 
September 16, 1943, under a contract, 
agreement or other arrangement entered 
into before September 1, 1943, he need 
not give up, and the transferor need not 
obtain, the certificate for that stove until 
September 30, 1943. If a distributor or 
manufacturer acquires a stove before Sep¬ 
tember 16, 1943, under a contract, agree¬ 
ment or other arrangement entered into 
before September 1, 1943, he need not 
give up and the transferor need not ob¬ 
tain, the certificate for that stove until 
October 7, 1943. 

(c) Transfers between establishments . 
If a stove is transferred between estab¬ 
lishments operated by the same person, 
the certificate must be surrendered at or 
before the time the transfer is made. 

Sec. 6.4 Dealers, distributors and 
manufacturers must acknowledge orders; 
if unable to deliver must return certifi¬ 
cates. (a) Beginning September 1, 1943, 
every offer made or order given by a 
dealer, distributor, or manufacturer to 
buy or otherwise acquire stoves covered 
by this order must be acknowledged in 
writing by the person to whom it is made 
within three days of the date it is re¬ 
ceived. The acknowledgment must also 
state the date delivery is expected to be 
made. 

(b) If the offer or order to acquire 
stoves contains a requested delivery date 
which the transferor cannot meet, he 
must return the certificates, or, when re¬ 
quested, send them to any person desig¬ 
nated by the person making the offer. If 
no delivery date is specified the trans¬ 
feror may hold the certificate for a rea¬ 
sonable time and, if the order is not 
filled, must then send the certificate back 
unless otherwise directed by the person 
making the offer. 

Sec. 6.5 Dealers, distributers and 
manufacturers may not discriminate in 
sale of stoves, (a) No dealer, distributor, 
or manufacturer may discriminate in the 
transfer of stoves covered by this order 
among consumers, dealers, or distributors 
entitled to acquire stoves in exchange for 
certificates. 

Sec. 6.6 Transfers to or for exempt 
agency, export or project authorized by 
government ageneff are not restricted. 
(a) Nothing in this article is intended 
to lirrfit or restrict transfers to or for 
exempt agencies or to or for persons ac¬ 
quiring stoves for export or for installa¬ 
tion in a project authorized by the War 
Production Board, or the replenishment 
of stoves transferred to or for such per¬ 
sons by dealers or distributors. 

Article VII—Permitted Transfers 
Without Certificates 

Sec. 7.1 Stoves in transit to dealers , 
distributors and manufacturers on Au- 








T 


FEDERAL REGISTER, Saturday , August 21, 1913 11569 


gust 31, 1943, or to consumers on August 
23, 1943, (a) No “certificate” need be 

surrendered for a delivery of a “stove 
covered by this order” to, or an “acquisi¬ 
tion” of a stove by, a “dealer”, “distribu¬ 
tor”, or “manufacturer” if that stove 
was in transit to him on August 31, 1943. 
No certificate need be surrendered for a 
delivery of a stove to, or an acquisition 
of a stove by, a “consumer” if that stove 
was in transit to him on August 23, 1943. 

Sec. 7.2 Stoves may be moved to es¬ 
tablishment in whose inventory they are 
included, (a) No certificate need be sur¬ 
rendered for a “transfer” of stoves to the 
establishment in the inventory of which 
they were included immediately before 
the transfer. 

Sec. 7.3 Stoves may be stored and re¬ 
turned. (a) No certificate need be sur¬ 
rendered for a transfer of stoves for stor¬ 
age purposes only, or for the transfer of 
such stoves back to the “person” who 
stored them. 

Sec. 7.4 Stolen or lost stoves may be 
returned . (a) No certificate need be 
surrendered for a return of stolen or lost 
stoves to the person from whom they 
were stolen or who lost them. 

Sec. 7.5 ~ Stoves may be exchanged for 
other stoves. (a) Any person may ex¬ 
change a stove for another stove of the 
same “type” with any person, without 
surrendering a certificate. (This rule 
applies, of course, only to exchanges of 
“new” stoves; it applies even if there is a 
money payment to make up any differ¬ 
ence in the money value of the stoves 
exchanged.) Although a consumer may 
exchange a gas heating stove for any 
other gas heating stove, he may not ex¬ 
change it for one of greater heating 
capacity than that for which he is eligi¬ 
ble in any case where the use of such 
stove (or the delivery of gas for it) is 
limited by the War Production Board. 

Sec. 7.6 Security interests in stoves 
may be created and released. (a) No 

certificate need be surrendered for a 
transfer of stoves, or of any interest in 
them, for security purposes only. (For 
example, if stoves are pledged or mort¬ 
gaged, the person with whom they are 
pledged or mortgaged need not give up 
certificates.) 

(b) No certificate need be surrendered 
for a release of a security interest in 
those stoves, or for a return of those 
stoves to the person who originally 
transferred them for security purposes. 
‘For example, a person who pledged 
stoves may get them back without giving 
up certificates.) 

Sec. 7.7 Stoves may be transferred for 
liquidation , by operation of law, or in 
judicial proceedings —(a) General. No 
certificate need be surrendered by a per¬ 
son who acquires stoves for liquidation 
only. Also, no certificate need be sur¬ 
rendered for a transfer of such stoves by 
operation of law. (For example, stoves 
may be taken over by a creditor, receiver 
or trustee, under a court order without 
giving up certificates. If such stoves are 
assigned for the benefit of creditors, the 
person to whom they are assigned need 
not give up certificates to the person 
making the assignment. Also, a person 
need not give up certificates when he 
Inherits stoves or acquires them by will.) 


(b> How transferee may dispose of 
stoves. A person who acquires stoves in 
the way described in the last paragraph, 
must, within five (5) days after acquir¬ 
ing them, report to the “district office” 
serving the place where his principal 
business office is located (or to the dis¬ 
trict office serving the area where he 
lives, if he has no business office.): 

(1) The quantity of each type of stove 
acquired; 

(2) The name and address of the per¬ 
son from whom they were acquired; and, 

(3) The way in which and the date 
when they were acquired. 

He may not use any of the stoves 
which he acquires unless he surrenders 
to the district office certificates for the 
types of stoves to be used. He may, 
however, sell or transfer them in the 
same way that a dealer or distributor is 
permitted to sell or transfer stoves, in 
which case he must within thirty (30) 
days surrender to the district office the 
certificates obtained for the stoves sold 
or transferred. However, if a person 
acquires stoves in connection with the 
acquisition by operation of law of a 
going business which is to be continued, 
the provisions of section 9.5 shall apply 
instead of the provisions of this para¬ 
graph. 

(c) Consumer inheritance. A con¬ 
sumer who acquires a stove covered by 
this order from another consumer by 
inheritance or will, may use it without 
surrendering a certificate. 

Sec. 7.8 Stoves'may be acquired by 
insurers or for salvage—(a) Acquisition 
of damaged stoves. Stoves which have 
been damaged may be transferred to, 
and acquired by, the following persons, 
without the surrender of certificates: 

(1) A person who has paid or is liable 
for a claim for the damage done to the 
stoves, and who is entitled to reimburse 
himself by taking them over; or, 

(2) A person principally engaged in 
the business of adjusting losses or of re¬ 
conditioning or selling damaged articles. 

(b) Disposal of the stoves. The per¬ 
son acquiring the stoves must, within five 
(5) days after acquiring them, report to 
the district office serving the area where 
his principal business office is located 
(or to the district office serving the area 
where he lives, if he hqs no business 
office): 

(1) The quantity of each type of stove 
acquired; 

(2) The name and address of the per¬ 
son from whom they were acquired; 
and, 

(3) The way in which and the date 
when they were acquired. 

If he cannot ascertain the quantity 
and types of stoves within that period he 
must describe the approximate number 
of stoves, by types, and must give de¬ 
tailed information as soon as he can. 
He may dispose of the stoves which are 
capable of use as stoves after being re¬ 
paired only by a sale or a transfer in the 
same way that a dealer or distributor is 
permitted to sell or transfer stoves, in 
which case he must within thirty (30) 
days surrender to the district office the 
certificates obtained for the stoves sold 
or transferred. If he cannot dispose of 


them all, he must report to the district 
office the quantity (by type) not salable. 

Sec. 7.9 Transfer of damaged stoves 
without certificates, (a) Any person 
who has stoves which are damaged and 
cannot be sold in exchange for certifi¬ 
cates may apply to the board serving the 
area where his establishment is located 
(or, if he has no establishment, where 
his principal business office is located) 
for permission to dispose of such stoves 
without obtaining certificates. The ap¬ 
plication must be in writing and must 
state: 

(1) The applicant’s name and ad¬ 
dress; 

(2) The number and type of stoves 
damaged; 

(3) The reason the stoves are in dam¬ 
aged condition, and the nature of the 
damage; and, 

(4) The reasons why the stoves cannot 
be sold in exchange for certificates. 

(b) If the board finds that the stoves 
have been damaged by accidental means 
and cannot be sold in exchange for cer¬ 
tificates it may grant permission, in writ¬ 
ing, to the applicant to dispose of the 
stoves described in the application with¬ 
out the obtaining of certificates. The 
board shall send to the district office for 
its files, a copy of the written permission 
granted. 

Sec. 7.10 Stoves may be transferred 
in connection with transfer of a business. 
(a) No certificates need be surrendered 
for a sale or transfer of stoves which are 
in the inventory of an establishment, as 
part of a sale or other transfer of the 
establishment itself for continued oper¬ 
ation. A person w’ho buys or acquires 
such stoves may not use them, but may 
hold them only for transfer. (The pro¬ 
cedure which must be followed, when 
an establishment is transferred for 
continued operation, is covered in 
Article IX.) 

(b) No certificate need be surrendered 
for the transfer of a stove in connection 
with a transfer of premises on which the 
stove is located. 

Article VIII — Records, Reports and 
. Inspections 

Sec. 8.1 Records must be kept for 
two years, (a) Every “person” must 
hold, for at least two years, all records 
which this order requires him to keep. 

Sec. 8.2 Records may be inspected by 
Office of Price Administration, (a) All 
records kept under this order may be in¬ 
spected by the Office of Price Administra¬ 
tion, through any authorized representa¬ 
tive. The inspection may be made at a 
person’s place of business during regular 
business hours. In the case of records 
kept on forms prepared by the Office of 
Price Administration, the inspection of 
those records may be made at any time or 
place fixed by the Office of Price Admin¬ 
istration. Every person required to keep 
records under this order must keep them 
available for such inspection. 

Sec. 8.3 Places where stoves are kept 
may be inspected v (a) The Office of 
Price Administration, through any au¬ 
thorized representative, may at any rea¬ 
sonable time inspect any place where 
a “dealer”, “distributor”, or “manufac- 







11570 


FEDERAL REGISTER, Saturday , August 21 , 1943 


turer” makes or keeps “stoves covered by 
this order”. 

Sec. 8.4 Records and reports are con¬ 
fidential. (a) Information and docu¬ 
ments obtained from any person under 
this order will not be disclosed, whether 
in response to a subpoena or in any other 
way. except to that person, unless the 
Administrator (or a representative of the 
^Office of Price Administration designated 
by him) finds that the requested disclo¬ 
sure is not contrary to law and consents 
to it. 

Sec. 8.5 Office of Price Admuiistra - 
tion may require applicants to give in¬ 
formation. (a) The ‘‘Washington Of¬ 
fice”. a “board”, a “district office” or a 
regional administrator may require any 
person who files an application or an 
appeal under this order to appear in 
person, to bring witnesses and to supply 
any information needed for deciding his 
case. 

Article IX—Sale of Business and Open¬ 
ing or Closing of Business 

Sec. 9.1 Transfer of a continuing 
business . (a) When any “person” sells 

or “transfers” to any other person his 
“dealer establishment” or “distributor 
establishment” for continued operation 
by the person who “acquires” it, the 
person transferring the business shall 
give to the person acquiring it his reg¬ 
istration form and all “certificates” that 
he has at the time the business is sold. 
(The certificates must be signed by the 
person transferring the business.) 

(b) Within five (5) days after the 
transfer, the person acquiring the busi¬ 
ness must file an application on OPA 
Form R-902 for registration as a “dealer” 
or “distributor”. At the time of the 
filing, he must, if his “registered inven¬ 
tory” equals the “allowable inventory” 
for each type of stove of the business 
being acquired, endorse the registra¬ 
tion form of the person transferring 
the business and surrender it to the 
board. However, if the registered in¬ 
ventory does not equal the allowable 
inventory for each type of stove, the 
person acquiring the business should not 
endorse the registration form, but should 
report the discrepancy to the board in 
writing. (Section 3.5 explains how reg¬ 
istered inventory is figured.) 

Sec. 9.2 Movement of an establish- 
ment from one place to another place 
by the same person, (a) A person who 
wishes to move his dealer or distributor 
establishment to another place must 
treat his moving as the closing of an 
establishment and the opening of a new 
establishment unless he applies for and 
is granted permission to continue his 
operations at the new place. The appli¬ 
cation must be made to the board with 
which his establishment is registered and 
must, in addition to showing the new 
address, state, in writing, whether: 

(1) The business, including the in¬ 
ventory of stoves, will be moved to the 
new place; 

(2) He will continue to serve, from 
the new place, the same general class 
of customers and the same area served 
by the establishment at its present place; 

and. 


(3) The business will continue to be 
operated in substantially the same man¬ 
ner as it is operated at the present 
place. 

(b) The application will be sent by 
the board to the “district office”, to¬ 
gether with any recommendation the 
board may wish to make. If the district 
office is satisfied that the conditions de¬ 
scribed in paragraph (a) will be met, it 
shall grant permission to the applicant 
to continue operations at the new place 
of business. 

Sec. 9.3 New business, (a) A person 
who opens a dealer or distributor estab¬ 
lishment after July I, 1943, must file an 
application on OPA Form R-902 for reg¬ 
istration as a dealer or distributor with 
the board serving the area where the 
establishment is or will be located, in 
the same way that dealers and distribu¬ 
tors register under Article HI. He must 
give all information called foT by the 
form. In addition, the applicant must 
show, in writing: 

(1) The proposed name and address 
of the establishment; and, 

(2) The type and size of business he 
expects to have. 

(b) The board must send a copy of the 
application, together with the applicant's 
statement and any other information it 
has received, to the district office. It 
may attach its recommendation as to the 
action that should be takei\upon the ap¬ 
plication and the amount,“if any, of al¬ 
lowable inventory that should be author¬ 
ized. The district office shall send the 
file to the “Washington Office” which will 
refer it to the War Production Board. 
If the War Production Board approves 
tlje application, the Washington Office 
(or the district office, if the Washington 
Office so directs) will determine the al¬ 
lowable inventory. The original registra¬ 
tion form as approved by the board will 
then be mailed to the applicant. 

Sec. 9.4 Closing of business, (a) Any 
dealer or distributor who closes an estab¬ 
lishment must notify the board with 
which the establishment is registered. 
The notice must be in writing and must 
be given to the board within five (5) 
days after the business is closed. It must 
show: 

(1) The name and address of the es¬ 
tablishment; and, 

(2) The number of stoves, by type, 
represented by certificates he had at that 
time. 

(b) At the time the notice is given he 
must deliver to the board his registration 
form and account to it for the number 
of stoves of each type which his allowable 
inventory permits him to have. If he has 
any certificates he must turn them over 
to the board; if he has stoves of any type 
covered by this order which have not 
been disposed of at the time he files his 
notice, he must account for them by turn¬ 
ing over to the board certificates which 
he obtains when they are transferred. 

Sec. 9.5 Acquisition of a business by 
ivill or by operation of law. (a) Any 
person who acquires a dealer or distribu¬ 
tor establishment by operation of law 
must within twenty (20) days of itss 
acquisition register the establishment. 


Registration shall be made in the man¬ 
ner required by Article III, except that 
only the actual inventory shall be taken 
as of the date of registration (since cer¬ 
tificates are not transferred by opera¬ 
tion of law). Accordingly, the board 
shall issue certificates to him in the 
amount, if any, by which the allowable 
inventory of his predecessor for any type 
of stove exceeds the actual inventory 
for that type. 

(b) A dealer or distributor (or his rep¬ 
resentative) whose establishment is 
transferred by operation of law. must 
turn over to the board, with which the 
establishment is registered the registra¬ 
tion form and certificates received for 
stoves which have been transferred. He 
must also account to the board for cer¬ 
tificates which he has accepted for stoves 
not yet transferred. 

Article X—Miscellaneous Rules and 
Prohibitions 

Sec. 10.1 Additional prohibitions, (a) 
No “person” may use a “certificate” un¬ 
less he has received it in a way permitted 
by this order. 

(b) No person may “transfer”, “ac¬ 
quire”, use or possess “stoves covered by 
this order”, except in a way permitted by 
this order or by an applicable order of 
an agency of the United States. 

(c) No person may give or otherwise 
transfer, or obtain or otherwise acquire, 
or use a certificate except in a way per¬ 
mitted by this order. 

(d) No person may transfer any stove 
for a certificate, if he knows or has reason 
to believe that it is not valid or that the 
person tendering it is not entitled to 
use it. 

(e) No person may have a certificate 
in his possession except the person (or 
agent of the person) who issues it, or to 
whom it was issued, or by whom it was 
acquired in a way permitted by this 
order. 

(f) No person may counterfeit, forge, 
deface, or mutilate any certificate. A 
counterfeited, forged, defaced or muti¬ 
lated certificate is not valid for transfer, 
and no person may acquire, possess or 
use such certificate. 

(g) No person may alter or destroy 
any certificate, nor use any altered cer¬ 
tificate, except where permitted by this 
or any other order of the Office of Price 
Administration. 

(h) No person may transfer a stove in 
violation of any applicable order of an 
agency of the United States. 

(i) No person may offer, solicit, at¬ 
tempt or agree to do, or assist in doing, 
any act in violation of this order. 

(j) Paragraphs (b), (c), (e), (f), (g). 
and (h) of this section do not apply to 
public officials who do any of those acts 
in the performance of public duties, or 
to persons complying with orders or di¬ 
rections of such officials. 

(k) No person may in any registra¬ 
tion, report, application, or other state¬ 
ment or record made pursuant to or 
required by this order, make any untrue 
statement of fact, or omit to state any 
fact which is required to be stated or 
which is necessary to make a statement 
not misleading. 







FEDERAL REGISTER, Saturday , August 21, 1943 11571 


(1) No person may, after demand, 
withhold a certificate from a person who 
is entitled to have it. 

Sec. 10.2 Certificates may not be 
taken by legal process or acquired by 
mil . (a) No certificate, or any interest 
in it, may be taken or seized by judicial 
process or any court order. However, a 
person who is entitled to possession of a 
certificate may bring a legal proceeding 
to recover it from any person who is 
wrongfully in possession of it. He may, 
as part of that proceeding, take or seize 
it by judicial process or court order. 

(b) No certificate, or interest in it, 
may be transferred or acquired by opera¬ 
tion of law. 

Sec. 10.3 Office of Price Administra¬ 
tion must be notified of legal proceed¬ 
ings, (a) Any person who has a cer¬ 
tificate must notify the “district office” 
of the Office of Price Administration im¬ 
mediately after the beginning of legal 
proceeding involving that certificate. 

Article XI—Suspension Orders 

Sec. 11.1 Office of Price Administra¬ 
tion may issue suspension orders, (a) 
Any “person” who violates this order 
may, by administrative suspension order, 
be prohibited from receiving, delivering, 
selling or using any “stoves covered by 
this order” or other rationed product or 
facility for such period as in the judg¬ 
ment of the Administrator, or such per¬ 
son as he may designate for such pur¬ 
pose, is necessary or appropriate in the 
public interest. Proceedings for suspen¬ 
sion orders shall be begun and carried on 
as provided in Procedural Regulation 
No. 4. 

Article XII—Appeals 

Sec. 12.1 Persons directly affected by 
action taken under this order may ap¬ 
peal. (a) Any “person” directly affected 
by the action of a “board”, “district of¬ 
fice”, or regional* administrator, on any 
application or other matter may appeal 
from that action in the way permitted 
by Procedural Regulation No. 9 of the 
Office of Price Administration. 

(b) This section shall not apply to ac¬ 
tion taken on any application made 
under section 3.8 or 9.3. 

Article XIII—Definitions 

Sec. 13.1 Definitions, (a) When used 
in this Ration Order: 

(1) “Acquire” means to accept a 
“transfer” or to get possession or title 
in any other way. 

(2) “Allowable inventory” means the 
operating'inventory of a “dealer” or “dis¬ 
tributor”, stated in the number of * 
“stoves” by specific “types” assigned to 
him by the Office of Price Administration 
after he registers. 

(3) “Board” means a war price and 
rationing board established by the Office 
of Price Administration. 

(4) “Certificate” means a certificate 
on Form OPA R-901. 

<5) “Consumer” means any “person” 
(other than an exempt agency, or a per¬ 
son acquiring a stove for export or for 
installation in a project authorized by 
the War Production Board) who needs 
or has acquired a “new” stove for any use. } 
It also includes any person who uses a 
new stove which he holds for sale or other 
transfer. 


(6) “Dealer” means any person who 
has a “dealer establishment”. 

(7) “Dealer establishment” means any 
place where a person regularly buys and 
sells stoves covered by this order if the 
sales or other transfers from that place 
are made primarily to consumers. 

(8) “Distributor” means any person 
who havS a “distributor establishment”. 

(9> “Distributor establishment” means 
any place where a person regularly buys 
and sells stoves covered by this order if 
the sales or other transfers from that 
place are made primarily to persons 
other than consumers, or primarily to 
supply one’s own establishments. How¬ 
ever, if a place is used by a person to keep 
stoves covered by this order just to 
supply his own establishments, that place 
is a distributor establishment only if it 
supplies: 

(i) At least two of his distributor 
establishments: or, 

(ii) At least three of his dealer 
establishments. 

(10) “District office” means a district 
office established by the Office of Price 
Administration. 

(11) “Emergency oil shortage area” 
means that area described in Ration 
Order No. 11 as the limitation area, other 
than the states of Georgia, Oregon, 
Washington, and the parts of Florida and 
Idaho covered by that order. 

(12) “Manufacturer” means any per* 
son who has a “manufacturing estab¬ 
lishment”. 

(13j “Manufacturing establishment” 
means a place where a person makes or 
assembles any of the types of stoves cov¬ 
ered by this order for sale or transfer. 

(14) “New”, as applied to stoves, 
means any stove which has not been sold 
or transferred to a consumer or any 
stove which has been transferred to a 
consumer but which has been in use for 
not more than sixty (60) days. 

(15) “Person” means any individual, 
partnership, corporation, association, 
business trust, or any government, 
agency of a government, or any other 
organized group or enterprise. 

(16) “Registered inventory” means 
the total of the number of stoves of a 
type that a dealer or distributor has as 
inventory for his establishment at the 
close of business on August 31, 1943, 
(wherever the stoves are located, includ¬ 
ing stoves in transit to him for that 
establishment but excluding stoves held 
for delivery to a person under a priority 
order of an agency of the United States), 
and the number of stoves of the same 
type which were transferred from his 
establishment and are represented by 
certificates on OPA Form R-901 or by a 
right of replenishment under a priority 
order of an agency of the United States, 
which he has at the close of business 
on that date. If registration is made 
after September 3, 1943, registered in¬ 
ventory shall be figured as of the date 
of registration. 

(17) “Stove” or “stove covered by this 
order” means any “new” heating stove 
or equipment designed for household use 
and for installation on or above the floor 
and for heating adjacent space without 
the use of connecting pipes or ducts, or 
any new cooking stove or equipment de¬ 


signed for household cooking use, of the 
following “types”: 

(i) A coal or wood heating stove de¬ 
signed to use coal or wood as a fuel; 

(ii) An oil heating stove designed to 
use oil, kerosene or gasoline as a fuel; 

(iii) A gas heating stove designed to 
use natural, manufactured or liquefied 
petroleum gas (including bottled gas) as 
a fuel; 

(iv) A coal or wood cooking stove de¬ 
signed to use coal or wood as a fuel; 

(v) An oil cooking stove designed to 
use oil, kerosene or gasoline as a fuel; 

(vi) A gas cooking stove designed to 
use natural, manufactured or liquefied 
petroleum gas (including bottled gas) as 
a fuel; and, 

(vii) A conversion burner, which is a 
unit designed for the conversion of heat¬ 
ing or cooking stoves from the use of a 
fuel other than oil to the use of oil as a 
fuel. 

The term includes a combination heat¬ 
ing and cooking stove, a radiant heater, 
a sheet-metal stove with grates or with 
a cast-iron base or lining, and a portable 
oil stove. It does not include a water 
heater, a coal or wood laundry stove hav¬ 
ing a built-in water jacket or coil, a wick 
lamp cooking stove, a gas hot-plate, a 
gas laundry stove, or a gasoline camp 
stove. 

(18) “Transfer” means to sell, give, ex¬ 
change, lease, lend, deliver, consign, 
supply or furnish. It includes any trans¬ 
fer of possession, or of title by operation 
of law or otherwise, however accom¬ 
plished, any movement of goods by a 
person from one to another of his estab¬ 
lishments, and the use by any person of 
any stove which he acquired for s&le or 
transfer. Delivery to a carrier for ship¬ 
ment or by a carrier in the course of or 
in completion of shipment is not re¬ 
garded as a transfer to or by the carrier. 
However, if a stove was delivered to a 
consumer before August 24, 1943, or to 
any other person before September 1, 
1943, the transfer to such person of title 
to the stove after that date is not re¬ 
garded as a transfer within the meaning 
of this order. 

(19) “Type”, as applied to a stove, 
means any of the seven types of “stoves” 
defined in paragraph (17). 

(20) “Washington Office” means the 
national headquarters of the Office of 
Price Administration in Washington, 
D. C. 

(b) Where the context so requires, 
words in the singular shall include the 
plural, words in the plural shall include 
the singular and words in the masculine 
gender shall include the feminine and 
neuter. 

Effective date. This ration order shall 
become effective at 12:01 a. m. on August 
24, 1943. 

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

Issued this 19th day of August 1943. 

Chester Bowles. 

Acting Administrator . 

(F. R. Doc. 43-13574; Filed. August 19, 1943; 

3:01 p. m.| 








11572 


FEDERAL REGISTER, Saturday , August 21 , 1943 


Part 1499—Commodities and Services 
| Rev. SR I,* * Arndt. 23] 

PRECIOUS STONES AND THEIR MOUNTINGS 

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.* 

Paragraph (f) of section 2.12 of Re¬ 
vised Supplementary Regulation No. 1 is 
amended to read as follows: 

(f) Precious stones and mountings 
into which precious stones are set . The 
term “precious stones*' means any ruby, 
sapphire, emerald, natural pearl or any 
diamond (other than an industrial dia¬ 
mond) or any semi-precious stone after 
sale by the cutter, when the cutter has 
received more than $100 for the sale of 
the stone. Synthetic stones and cul¬ 
tured pearls shall not be deemed “pre¬ 
cious stones.'’ 

This amendment shall become effec¬ 
tive on the 25th day of August 1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871, E.O. 9328, 8 F.R. 4681) 

Issued this 19th day of August 1943. 

Chester Bowles, 

Acting Administrator. 

(F. R. Doc. 43-13568; Filed, August 19, 1943; 

3:04 p. m.J 


Part 1499— Commodities and Services 
(Rev. SR 14 to GMPR. Arndt. 19] 


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 1.19 is amended to read as fol¬ 
lows: 

1. The headnote of section 1.19 is re¬ 
vised and amended to read as follows; 

Sec. 1.19. Maximum prices for sales of 
pan bread in specified areas; discontin¬ 
uance of discounts and premiums per¬ 
missible in connection with sales of any 
variety of bread or rolls. 

2. Section 1.19 (a) is amended to read 
as follows: 

(a) Maximum prices. The maximum 
price for sales of pan bread in the areas 
described below shall be the maximum 
price determined in accordance with the 
provisions of § 1499.2 and other applica¬ 
ble sections of the General Maximum 
Price Regulation, or the maximum prices 
specified below: 


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

*8 F.R. 4978. 6055, 6363 , 6547, 6615, 6852, 
6964, 7261, 7270, 7349. 7592, 7600, 7668, 8710, 
8754, 9025, 9218, 9016, 9219, 10304. 


Areas 

Net weight per 
loaf 

Sales at whole¬ 

sale 

Sales at retail 

Sales at retail 

by chain store 

private label 



Cents 

Cents 

Cents 

In the state of 

16 to 18 ox. 



~*Ys 

Utah, in Fargo, 

19 to 22 or. 

9 

11 

9 

North Dakota, 
and Moorhead, 
Minnesota. 

24 to 27 01 . 

10 

12 

10 

In the District of 
Columbia. 

16 to 17 or. 

31 to 33 or_ 

7 

H 

8 

7 

In Dallas, Tex. 

23 to 25 or. 

9 

11 

9 

In Santa Barbara 
County, Calif. 

23 to 26 or. 

9 

11 

9 


3. Section 1.19 (d) is added to read as 
follows: 


(d) Discontinuance of discounts per¬ 
missible. Henceforth, it shall be permis¬ 
sible for any seller of any variety of 
bread or rolls to discontinue at any time 
hereafter any discount to retail outlets 
from his standard wholesale list price 
previously given by him in connection 
with his sales of said variety of bread or 
rolls except as otherwise prohibited by 
state law. 

This amendment shall become effective 
August 25, 1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871; E.O. 9328, 8 F.R. 4681 > 

Issued this 19th day of August 1943. 

Chester Bowles, 

Acting Administrator. 

|F. R. Doc. 43-13569; Filed, August 19, 1943; 
3:04 p. m.] 


Part 1360— Motor Vehicles and Motor 
Vehicle Equipment 

(MPR 452] 

manufacturers' maximum prices for 
automotive parts 

In the judgment of the Price Admin¬ 
istrator the maximum prices established 
by this regulation are and will be gen¬ 
erally fair and equitable, will effectuate 
the purposes of the Emergency Price 
Control Act of 1942, as amended, and 
are necessary to adjust the provisions of 
the General Maximum Price Regulation 1 
and Maximum Price Regulation No. 136,* 
as amended, to the particular circum¬ 
stances of manufacturers of automotive 
parts. So far as practicable the Price 
Administrator has consulted with and 
has been advised by representative 
members of the industry which will be 
affected by this regulation. A statement 
of the considerations involved in its 
issuance has been issued simultaneously 
herewith and has been filed with the 
Division of the Federal Register.* 

Such specifications and standards as 
are used in this regulation were, prior 


1 8 F.R. 3096, 3849, 4347. 4486. 4774, 4978, 
4848, 6047, 6962, 8511, 9025. 

*7 F.R. 5047. 


to such use, in general use in the trade 
or industry affected. 

§ 1360.1 Maximum prices for auto¬ 
motive parts. Under the authority 
vested in the Price Administrator by 
the Emergency Price Control Act of 1942, 
as amended, and Executive Orders Nos. 
9250 and 9328, Maximum Price Regula¬ 
tion 452 (Manufacturers' Maximum 
Prices for Automotive Parts), which is 
annexed hereto and made a part hereof, 
is hereby issued. 

Authority: § 1360.1 issu.ed under Pub. Laws 
421 and 729, 77th Cong.; Pub. Law 151 78th 
Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328 8 
F.R. 4681. 

Maximum Price Regulation 452— Manufac¬ 
turers’ Maximum Prices for Automotive 
Parts 


ARTICLE I—SCOPE OF REGULATION AND 


Sec. 

PROHIBITION 


1 . 

To what transactions, persons, 

com- 


modities, and geographical 
this regulation applies. 

area 

2. 

Relation of this regulation to 
regulations. 

other 

3. 

Prohibition against dealing in parts at 
prices above the maximum. 

4. 

Less than maximum prices. 

ARTICLE II—MAXIMUM PRICES 



5. Division of sales into those at list prices, 

and those at non-list prices for the 
purpose of establishing maximum 
prices. 

6. Maximum prices for sales of new and 

rebuilt parts at list prices. 

7. Maximum prices for sales of new and 

rebuUt parts at non-list prices. 

8. Maximum prices for sales of new and 

rebuilt parts which cannot be priced 
under section 6 or 7. 

ARTICLE in—METHODS FOR ESTABLISHING AND 
REPORTING MAXIMUM PRICES 

9. Procedure for establishing new maxi¬ 

mum list prices. 

10. Notice to purchasers of maximum resale 

list prices. 

11. Procedure for obtaining exemption from 

requirement of establishing new maxi¬ 
mum list prices. 

12. Procedure for establishing new maxi¬ 

mum non-list prices. 

13. Procedure for determining costs to ta 

used by manufacturer in determining 
new maximum list or new maximum 
non-list prices. 

14. Procedure for establishing maximum 

non-list prices for parts which cannot 
be priced under section 6 or 7. 

ARTICLE IV—MISCELLANEOUS 

15. Federal and State taxes. 

16. Applications for adjustment and peti¬ 

tions for amendment. 

17. Transfer of business or stock in trade. 

18. Records and reports. 

19. Evasion. 

20. Enforcement. 

21. Definitions. 

Appendices A, B, and C. 

Article I—Scope of Regulation and 
Prohibition 

Section 1. To what transactions, ver ¬ 
sons, commodities, and geographical area 
this regulation applies —(a) Transac¬ 
tions. This regulation covers all sales 
























11573 


FEDERAL REGISTER, Saturday, August 21, 1943 


by manufacturers of new and rebuilt 
automotive parts. 

(b) Persons . This regulation applies 
to all persons who are manufacturers of 
and also sell the automotive parts subject 
to this regulation, and to all persons who 
purchase such parts from manufactur¬ 
ers in the course of trade or business. 

(1) Manufacturer. "Manufacturer” 
as used in this regulation means a reg¬ 
ular producer of new automotive parts 
(as defined in Section 21), a rebuilder of 
used automotive parts, or any person 
who sells parts under his own trade 
name. 

(c) Commodities. This regulation 
covers all new and rebuilt automotive 

parts. 

(1) Autoinotive parts. "Automotive 
parts" (called parts in this regulation) 
for the purpose of this regulation mean 
all engine parts, body parts, chassis 
parts, motors, electrical equipment and 
wheels, and all other component parts 
and subassemblies, of automobiles, 
trucks, busses, trailers, semi-trailers, 
and motorcycles and also include all 
accessories and optional, extra and spe¬ 
cial equipment designed for use on, or 
with, motor vehicles, and unfinished 
parts and accessories and components 
thereof, when in such form as to permit 
their use only as automotive parts, but 
do not mean any service or maintenance 
accessories such as anti-freeze, body 
polish, tools, etc., or tires, tubes, storage 
batteries, glass, or any parts, subassem¬ 
blies or accessories specially designed for 
use in vehicles built primarily for mili¬ 
tary purposes, although parts, subassem¬ 
blies or accessories originally designed 
for use in private or commercial motor 
vehicles but which are used both in mili¬ 
tary and private or commercial motor 
vehicles are considered as automotive 
parts. Illustrative lists of parts cov¬ 
ered by this regulation and parts not 
covered by this regulation are attached 
as Appendices A and B. 

(d) Geographical area. This regula¬ 
tion applies to the 48 states of the United 
States and the District of Columbia, but 
not to the territories and possessions of 
the United States. 

Sec. 2. Relation of this regulation to 
other regulations —(a) In general. The 
transactions, persons, and commodities 
subject to this Maximum Price Regula¬ 
tion No. 452, on and after its effective 
date, shall not be subject to the General 
Maximum Price Regulation or Maximum 
Price Regulation No. 136, as amended, 
or any other regulation issued by the 
Office of Price Administration insofar as 
this Maximum Price Regulation No. 452 
affects such transactions, persons, or 
commodities except as provided in para¬ 
graphs (b> and (c). 

(b) Sales for export. The maximum 
Price for sales for export of parts shall 
be determined in accordance with the 
provisions of the Second Revised Export 
Price Regulation. 3 

(c) Imports. The provisions of this 
regulation do not apply to the sale, pur¬ 
chase or delivery of a part which is not 
manufactured in, but is imported into, 
the con tinental United States or the Dis- 

5 8 F.R. 4132. 5987, 7662. 

No. 166-3 


trict of Columbia. Such a sale, pur¬ 
chase, or delivery is governed by the pro¬ 
visions of the General Maximum Price 
Regulation and especially Revised Sup¬ 
plementary Regulation No. 12. 

(d) Mechanical rubber goods. This 
regulation shall not apply to mechanical 
rubber goods when both produced and 
sold by manufacturers of mechanical 
rubber goods as defined in section 1315.31 
of Maximum Price Regulation No. 149— 
Mechanical Rubber Goods. 

Sec. 3. Prohibition against dealing in 
parts at prices above the maximum. On 
and after September 2, 1943, regardless 
of any contract or other obligation, 

(a) No manufacturer shall sell or de¬ 
liver a part at a price higher than the 
maximum price permitted by this reg¬ 
ulation; 

(b) No person in the course of trade or 
business shall buy or receive a part from 
a manufacturer at a price higher than 
the maximum price permitted by this 
regulation, but if he, the purchaser, has 
received from the manufacturer a state¬ 
ment that the price charged is not in 
excess of the maximum price and he has 
no knowledge to the contrary, he shall 
be deemed to have complied with this 
paragraph (b); 

(c) No person shall agree, offer, or at¬ 
tempt to do any of the acts prohibited 
in paragraphs (a) and (b) of this sec¬ 
tion. 

(d) Nothing in this regulation shall 
prevent the fulfillment of contracts en¬ 
tered into before September 2, 1943, for 
the sale of parts by manufacturers at 
prices not exceeding the maximum prices 
established by Maximum Price Regu¬ 
lation No. 136, as amended, prior to Sep¬ 
tember 2, 1943. 

Sec. 4. Less than maximum prices. 
Nothing in this regulation prevents the 
charging or paying of prices lower than 
the maximum prices established by this 
regulation. 

Article 11—Maximum Prices 

Sec. 5. Division of sales into those at 
list prices and those at noyi-list prices 
for the purpose of establishing maxi¬ 
mum prices . This regulation divides 
sales into two kinds: 

(a) Sales of parts at list prices —(1) 
List price. "List price” as used in this 
regulation means the price which may 
be derived from a price list or price 
sheet issued to the trade by a manufac¬ 
turer for his sale of a part, or a price 
which may be quoted by the manufac¬ 
turer under a method of quoting prices 
without further cost estimates frdln in¬ 
formation he has available describing 
the types of parts and the method of cal¬ 
culation of prices. When a list price is 
named’ in this regulation as the maxi¬ 
mum price to a purchaser, it means the 
price adjusted for all applicable extra 
charges, discounts, or allowances for 
sales to a purchaser of the same class. 

(b) Sales of parts at non-list prices — 

(1) Non-list price. "Non-list price” 

as used in this regulation means any 
price or price basis other than a list 
price at which a manufacturer sells a 
part to any class of purchaser. 

Sec. 6. Maximum prices for sales of 
new and rebuilt parts at list prices —(a) 


Determination of maximum price in ac¬ 
cordance with previous price list . This 
section sets maximum prices for sales by 
a manufacturer who 

(1) Had a list price for the part being 
priced in effect on March 31. 1942; 

(2) Placed a list price authorized by 
the Office of Price Administration in ef¬ 
fect subsequent to March 31. 1942; or 

(3) Has established a list price in ac¬ 
cordance with paragraph (b) of this 
section. 

The maximum price which such a 
manufacturer may charge for a part is 
the most recent of the list prices de¬ 
scribed in (1). <2), and (3). 

<b) Conditions requiring and permit¬ 
ting establishment of new list prices — 
(1) When new list prices must be estab¬ 
lished. (i) A new list price must be es¬ 
tablished in accordance with Section 9 
when a specification change or material 
substitution made in a part for which 
a list price is the maximum price reduces 
the factory costs of such a part by 10% 
or more. The new list price must be 
established within three months from 
the date the specification change or ma¬ 
terial substitution is made. 

(ii) A new list price must be estab¬ 
lished in accordance with Section 9 for a 
part for which a new list price has previ¬ 
ously been established pursuant to this 
paragraph (b) whenever factory costs 
for a part fall below the estimated fac¬ 
tory costs upon which the previous new 
list price was based by 10% or more as 
a result of any or all of the following 
causes: 

(a) Inaccuracy in the estimate of la¬ 
bor hours or material quantities; 

(b) Inaccuracy in the estimate of 
charges for subcontracted services, and 

(c) Performance by the manufac¬ 
turer of work previously done by a sub¬ 
contractor. 

The new list price must be established 
within three months from the date upon 
which the conditions requiring the new 
list price first existed. 

(iii) A new list price must be estab¬ 
lished when there is offered for sale a 
part for which a list price was not in 
effect between March 31. 1942, and the 
time of offering it for sale, but for which 
a list price was in effect and withdrawn 
during the period January 1. 1932, to 
March 31, 1942. The new list price shall 
be established within thirty days from 
the date the part is offered for sale either 
in accordance with section 9 or by 
adopting a price no higher than the 
highest list price in effect during the pe¬ 
riod January 1, 1932, to March 31, 1942. 
as the new list price. 

(iv) A manufacturer may be exempted 
from the necessity of establishing a new 
list price as required by this subpara¬ 
graph (1) when the part is produced by 
a special run to fill a small non-recurrent 
order or there is some other reason why 
the special run is not likely to be re¬ 
peated. In lieu of establishing a new list 
price he may*be authorized to use a list 
price previously in effect and withdrawn 
or a new non-list price determined in 
accordance with section 12. The pro¬ 
cedure to be followed in requesting this 
exemption is stated in section 11. 










11574 


FEDERAL REGISTER, Saturday , August 21, 1943 


(2) When new list prices may be 
established. A new list price may be 
established in accordance with section 
9 when: 

(i) The factory costs of a part, for 
which a list price is the maximum price, 
has been increased by 10% or more as 
a result of a specification change or a 
material substitution; or 

(ii) Factory costs of a part, for which 
a list price is the maximum price, are 
higher than the estimated factory costs 
upon which the previous new list price 
was based by 10% or more as a result 
of any or all of the following causes: 

(a) Inaccuracy in the estimate of 
labor hours or material quantities; 

(b) Inaccuracy in the estimate of 
charges for subcontracted services; and 

(c) Performance by the manufacturer 
of work previously done by a subcon¬ 
tractor. 

(iii) The part had no list price in ef¬ 
fect on March 31, 1942, and no author¬ 
ized list price (as defined in section 21) 
in effect subsequent to that date but its 
manufacturer had such a list price for 
other parts. In such a case, the manu¬ 
facturer may establish a list price for the 
part for which there was no list price. 

(c) List prices to be furnished to Office 
of Price Administration. The manufac¬ 
turer shall furnish to the Office of Price 
Administration. Washington, D. C., to 
the extent it has not already done so, 
catalogs, price lists, and discount sheets, 
containing list prices which are estab¬ 
lished as maximum prices by this section. 
A rebuilder of used parts shall furnish 
these data to the nearest regional office 
of the Office of Price Administration. 

Sec. 7. Maximum prices for sales of 
new and rebuilt parts at non-list prices — 

(a) In ge?ieral. The maximum price a 
manufacturer may charge for the sale of 
a part for which he cannot establish a 
maximum price in accordance with sec¬ 
tion 6 or for which he has not estab¬ 
lished a maximum price in accordance 
with that section although permitted, 
but not required, to do so, shall be the 
non-list price determined in accordance 
with section 12. That price shall be his 
maximum price for all future sales until 
changed in accordance with paragraph 

(b) or (c). 

<b) When a new non-list must be es¬ 
tablished. (1)A new non-list price must 
be established in accordance with section 
12 when a specification change or a ma¬ 
terial substitution made in a part for 
which a non-list price is the maximum 
price reduces the factory costs of such 
a part by 10% or more. The new non¬ 
list price must be established within 
three months from the date the specifi¬ 
cation change or material substitution 
is made. 

<2) A new non-list price must be es¬ 
tablished in accordance with section 12 
for a part for which a new non-list price 
has previously been established whenever 
factory costs for the part fall below the 
estimated factory costs upon which the 
new non-list price was based by 10% or 
more as a result of any or all of the 
following causes: 

(i) Inaccuracy in the estimate of labor 
hours or material quantities; 


(ii) Inaccuracy in the estimate of 
charges for subcontracted services; and 

(iii) Performance by the manufacturer 
of work previously done by a subcontrac¬ 
tor. 

(c) When a new non-list price may 
be established. A new non-list price may 
be established in accordance with sec¬ 
tion 12 when: 

(1) The factory costs of a part, for 
which a non-list price is the maximum 
price, has been increased by 10% or more 
as a result of a specification change or a 
material substitution; or 

(2) Factory costs of a part, for which 
a non-list price is the maximum price, 
are higher than the estimated factory 
costs upon which the previous new non¬ 
list price was based by 10% or more as 
a result of any or all of the following 
causes: 

(i) Inaccuracy in the estimate of labor 
hours or material quantities; 

(ii) Inaccuracy in the estimate of 
charges for subcontracted services; and 

(iii) Performance by the manufacturer 
of work previously done by a subcon¬ 
tractor. 

Sec. 8 . Maximum prices for sales of 
new and rebuilt parts which cannot be 
priced under section 6 or 7. Where a 
manufacturer cannot establish a maxi¬ 
mum price for a part in accordance with 
section 6 or 7 because he is producing 
it in a new or converted plant or be¬ 
cause he was not engaged as a manu¬ 
facturer as defined in this regulation 
during a period which permits him to 
establish a price under section 6 or 7, 
or for any other reason, he shall deter¬ 
mine the maximum price for such part 
in accordance with section 14. 

Article III—Methods for Establishing 
and Reporting Maximum Prices 

Sec. 9. Procedure for establishing new 
list prices —(a) Determining a new list 
price. A new list price for a part shall 
be a price not in excess of the sum of 
the manufacturer’s costs for the part de¬ 
termined in accordance with section 13, 
plus the following: 

(1) A percentage markup not in ex¬ 
cess of the percentage markup he in¬ 
cluded in the price for the same part on 
March 31, 1942; or 

(2) Where he did not sell or offer for 
sale the same part on March 31, 1942, 
a percentage markup not in excess of 
the percentage markup he included in 
the price on March 31,1942, for the sim¬ 
ilar part (as defined in Section 21) most 
nearly like it; or 

(3) Where he did not sell or offer 
for sale the same or a similar part on 
March 31,1942, a percentage markup not 
in excess of the percentage markup he 
included on March 31, 1942, in the - price 
for the part of the same type having the 
closest total costs to the part being 
priced. Examples of types for the pur¬ 
pose of this paragraph are engine parts, 
carburetor parts, electrical parts, etc. 

To this price the manufacturer must 
apply the same differentials, discounts, 
allowances, rebates, and deductions 
which he had in effect on March 31,1942, 
or which he applied to a list price he 
placed in effect subsequent to March 31, 


1942, with Office of Price Administration 
approval, for the same class of purchaser. 

(b) Determining of applicable resale 
list prices. If the manufacturer had a 
suggested resale list price for a part in 
effect on or after March 31, 1942, any 
new list prices established in accordance 
with this section shall include applicable 
suggested resale list prices. 

(c) Notice to Office of Price Adminis¬ 
tration of new list prices. After a manu¬ 
facturer has determined a new list price 
in accordance with paragraph (a) above 
for one or more parts, he shall file a re¬ 
port with the Office of Price Administra¬ 
tion, Washington, D. C., except where it 
is a new list price for a rebuilt part, he 
shall file it with the nearest regional 
office of the Office of Price Admiinstra- 
tion. This report shall be signed by him, 
or a responsible official, and contain the 
following information for each part: 

(1) Description of the part and its 
number or other designation. 

(2) The new list prices and the pre¬ 
vious list prices, if any, for each class of 
purchaser. 

(3) The newly determined unit costs 
and the unit costs included in the pre¬ 
vious list prices, if available. 

(4) If not previously filed, all the other 
factors used in determining new list 
prices such as markup, discounts, differ¬ 
entials, freight and other allowances and 
other price determining factors. 

(5) A statement that the new list 
prices were determined in accordance 
with section 9 (a) and that the unit costs 
included in such prices were determined 
in accordance with section 13. 

(d) Action by the Office of Price Ad- 
ministration. The new list prices set 
forth in reports filed in accordance with 
paragraph (c) shall become maximum 
prices if approved by the Office of Price 
Administration, or if not disapproved by 
that agency within thirty days after the 
receipt of the reports. If the Office of 
Price Administration shall later deter¬ 
mine that such prices were not computed 
in accordance with the requirements of 
sections 6, 9, and 13, they may at that 
time be disapproved, but such disap¬ 
proval shall not be retroactive as to any 
deliveries completed prior to the date of 
the disapproval. If any price is disap¬ 
proved because in some respect it is not 
determined in accordance with these sec¬ 
tions, the manufacturer shall recompute 
the new list price in accordance with 
these sections and the suggestions con¬ 
tained in the notice of disapproval, and 
report the revised list price in accord¬ 
ance with paragraph (c) above. 

(e) When the new list prices may be 
charged. Upon the mailing of the re¬ 
ports in accordance with paragraph (c) 
above, the new list prices contained in 
such reports may be charged but no pay¬ 
ment may be accepted until these prices 
either are approved in writing by the 
Office of Price Administration, or when 
the new list prices are neither approved 
nor disapproved, until thirty days have 
elapsed from the date the reports are 
received by the Office of Price Adminis¬ 
tration. When the new list prices are 
approved in writing or are not disap¬ 
proved within the thirty day period, 














FEDERAL REGISTER, Saturday , August 21 , 1943 


11575 


payment at the new list prices for deliv¬ 
eries prior to the approval or to the end 
of the thirty day period, as well as for all 
deliveries thereafter, may be accepted. 

Sec. 10. Notice to purchasers of maxi¬ 
mum resale list prices —(a) Furnishing 
of suggested resale price lists. A manu¬ 
facturer whose maximum prices are the 
list prices which he had in effect on 
March 31, 1942, and who had suggested 
resale list prices in effect on that date 
shall furnish to his customers, to the 
extent that they do not already have the 
same, copies of the catalogs, price lists, 
and discount sheets in which are con¬ 
tained his resale list prices. A manu¬ 
facturer whose maximum prices are list 
prices placed in effect after March 31, 
1942, with the authorization of the Office 
of Price Administration, or list prices 
established in accordance with Section 9, 
and who also placed suggested resale list 
prices in effect at the time of establishing 
his own selling prices, shall furnish to his 
customers, to the extent that they do not 
already have the same, copies of the 
catalogs, price lists, and discount sheets 
in which are contained his resale list 
prices. A manufacturer need not furnish 
to a certain class of customers material 
that does not concern that class. Resale 
price lists of the type described in this 
paragraph are called “approved resale 
price lists” in paragraphs (b) and (c). 

(b) Statements to be furnished to a 
customer by a manufacturer having a 
suggested resale price list in effect . A 
manufacturer having in effect an ap¬ 
proved resale price list (of a type de¬ 
scribed in paragraph (a)) shall furnish 
to all customers a copy of the following 
statement, signed by him or a responsible 
official: 

The suggested resale prices, discounts and 
allowances in our catalog(s), price list(s), 

and discount sheet(s) In effect on_ 

are established as maximum resale prices in 
accordance with Maximum Price Regulation 
No. 453 (Wholesalers’ and Retailers’ Maxi¬ 
mum Resale Prices for Automotive Parts) and 
with the Office of Price Administration ap¬ 
proval. Higher prices may not be charged. 

A sample copy of the statement issued by 
the manufacturer should be forwarded 
to the Office of Price Administration, 
Washington. D. C. A rebuilder of used 
parts, however, should furnish the sam¬ 
ple copy to the nearest regional office of 
the Office of Price Administration. 

(c) Notice on invoices . On all in¬ 
voices for parts named in an approved 
resale price list (of a type described in 
paragraph (a)), the manufacturer shall 
state: 

Maximum resale prices for the parts named 
in this Invoice are the prices named in our 
resale price list. 

(d) When notice shall be given to cus¬ 
tomers. Manufacturers shall act as re¬ 
quired in paragraphs (a), (b), and (c) 
as soon as practicable, but not later than 
September 2, 1943 with regal’d to price 
lists in effect before the effective date of 
this regulation. Such action shall not 
be taken regarding a list price estab¬ 
lished after the effective date of the reg¬ 
ulation until tlie new list price has been 
approved in writing or thirty days have 
elapsed from the date the report regard¬ 


ing it is received by the Office of Price 
Administration when the report is 
neither approved nor disapproved in 
writing. 

Sec. 11. Procedure for obtaining ex¬ 
emption from requirement of establish¬ 
ing new maximum list prices. The man¬ 
ufacturer who seeks an exemption from 
the requirements of establishing a new 
list price as required by section 6 (b) 
should request tills exemption from the 
Office of Price Administration, Washing¬ 
ton, D. C., with the exception that a re¬ 
builder of used parts should make this re¬ 
quest to the nearest regional office of the 
Office of Price Administration. In his 
request he should include a showing that 
the order for the part is small and non¬ 
recurrent or other reasons why neither 
the order nor the special run is likely to 
be repeated. He shall also Include in 
his request his list price or a non-list 
price computed in accordance with sec¬ 
tion 12. Upon the mailing of his re¬ 
quest, he may charge his previously es¬ 
tablished list price or non-list price, but 
he must not accept payment until he is 
either notified in writing that his re¬ 
quest has been approved or thirty days 
have elapsed from the date the request 
is received by the Office of Price Ad¬ 
ministration without any notification of 
disapproval. If the request is approved, 
or is not disapproved, within the thirty 
day period, the manufacturer may then 
accept payment at the proposed price 
for deliveries made prior to approval 
or the end of the thirty day period and 
for all deliveries made thereafter. If 
the request is disapproved the manufac¬ 
turer shall establish a new list price in 
accordance with section 9. 

Sec. 12. Procedure for establishing new 
maximum non-list prices —(a) Deter¬ 
mining new non-list prices . A new non¬ 
list price shall be a price not in excess of 
the manufacturer's cost for the part de¬ 
termined in accordance with section 13, 
plus the following: 

(1) A percentage markup not in ex¬ 
cess of the percentage markup he in¬ 
cluded in the price for the part on 
March 31, 1942; or 

(2) Where he did not sell or offer for 
sale the same part on March 31, 1942, a 
percentage markup not in excess of the 
percentage markup he included in the 
price for the similar part (as defined in 
section 21) most nearly like it; or 

(3) Where he did not sell or offer for 
sale the same or a similar part on 
March 31, 1942, a percentage markup 
not in excess of the percentage markup 
he included in the price for the part 
of the same type having the closest total 
costs to the part being priced. Exam¬ 
ples of types for the purpose of this 
paragraph are engine parts, carburetor 
parts, electrical parts, etc. 

To this price the manufacturer must 
apply the same differentials, discounts, 
allowances, rebates, and deductions 
which he had in effect on March 31, 1942, 
or which he applied to a list price he 
placed in effect subsequent to March 31, 
1942, with Office of Price Administration 
approval, for the same class of purchaser. 

(b) Notifying Office of Price Adminis¬ 
tration when price computed under par¬ 


agraph (a) is higher than price previ¬ 
ously charged subsequent to March 31 , 
1942 . If the non-list price of any part 
determined under paragraph (a) is 
higher than the price previously charged 
subsequent to March 31, 1942, the manu¬ 
facturer shall file with the Office of Price 
Administration, Washington, D. C., or 
in the case of a rebuilder of used parts 
with the nearest regional office of the 
Office of Price Administration, within 
ten days after making any sale or de¬ 
livery at such an increased price a report 
containing the following: 

(1) A description of the part, its num¬ 
ber or other identification. 

(2) The price on its sale prior to its 
sale at the increased price. 

(3) The new non-list price. 

(4) A statement that the new non-list 
price was determined in accordance with 
paragraph (a) above, and section 13. 

(5) An explanation of the price in¬ 
crease. 

When a price is reported to the Office 
of Price Administration in accordance 
with this paragraph, the manufacturer 
is not required to report subsequent sales 
or deliveries at the same or a lower non¬ 
list price. 

Sec. 13. Procedure for determining 
costs to be used by manufacturer in de¬ 
termining new maximum list or new 
maximum non-list prices. When costs 
must be determined by a manufacturer 
in connection with a price determining 
method which must be followed in de¬ 
termining list or non-list prices in ac¬ 
cordance with the provisions of this reg¬ 
ulation, except where the determining of 
costs for the manufacturing of a part 
in a new or converted plant requires the 
procedure stated in section 14, the fol¬ 
lowing cost determing method shall be 
followed: 

(a) Determination of costs when man¬ 
ufacturer is a producer. When the 
manufacturer is a producer he shall use 
the same cost determining method he 
used on March 31, 1942. 

(1) To the extent that the cost deter¬ 
mining method includes or is based on 
direct labor costs, the producer shall use 
labor rates in effect on March 31,1942. 

(i) “Labor rates in effect on March 31, 
1942” are the labor rates prevailing on 
that date in the producer’s plant for each 
classification of labor. If the producer 
employs labor of a particular classifica¬ 
tion not employed in such plant on 
March 31, 1942, he shall apply the rate 
prevailing on that date for such classifi¬ 
cation in the locality in which the manu¬ 
facturing is to be performed. If labor 
of such classification was not employed 
on March 31. 1942, in such locality, the 
producer shall apply the rate prevailing 
on that date for the nearest skill in the 
nearest comparable locality, as accu¬ 
rately as he is able to determine the same 
by reasonably diligent inquiry. 

(ii) The permitted labor cost to be 
used in the pricing formula provided in 
this paragraph (a) is to be determined 
by applying to the clock hours of each 
classification of labor estimated to be re¬ 
quired on the basis of previous produc¬ 
tion experience, or, where an estimate is 
not used, to the clock hours actually ro 







11576 FEDERAL REGISTER, Saturday, August 21, 1943 


quired. the hourly rate for such classi¬ 
fication in effect on March 31, 1942. If 
on March 31, 1942, an average rate was 
used, an average rate may be applied if 
the labor rates and the method of com¬ 
puting the average in effect on March 31, 
1942, are used. If individuals have been 
or are promoted from one classification 
to another because of increased effi¬ 
ciency, the higher rates may be used. 

(iii) The amount of overtime (esti¬ 
mated, if necessary) required to be used 
in excess of that provided for in the over¬ 
head or machine hour rate may be added 
to the cost of labor. In no event shall 
any markup, overhead, or profit be ap¬ 
plied to that part of the labor cost which 
is in excess of the straight-time cost, ex¬ 
cept that no adjustment of the overhead 
or the machine hour rates in effect on 
March 31. 1942, shall be required. 

(2) To the extent that the cost deter¬ 
mining method includes or is based on 
prices paid for materials, the manufac¬ 
turer shall use the prices which the man¬ 
ufacturer’s supplier had in effect to him 
or his class of purchaser on March 1, 
1942, or if the supplier did not have a 
price in effect on that date for a certain 
commodity, the price he first had in effect 
after that date. However, if the Office 
of Price Administration has established a 
lower maximum price for the sale of that 
material to the manufacturer, such lower 
price shall govern. The manufacturer’s 
supplier shall be 

(i) His March 31, 1G42, supplier of the 
material; or 

(ii) Lacking a March 31, 1942. sup¬ 
plier of the material, his most recent 
supplier of the material. If neither of 
these exists, it shall be his proposed 
supplier. 

For the purposes of this subparagraph 
(2), if the manufacturer shall receive 
a written statement from the seller that 
the material is being sold at a price 
which is not in excess of the maximum 
price established by the Office of Price 
Administration, and if the manufacturer 
shall have no cause to doubt the accu¬ 
racy of the statement, the price as stated 
by the seller shall be deemed not to be 
in excess of the maximum price estab¬ 
lished by the Office of Price Administra¬ 
tion for that material. The price the 
manufacturer shall use for material 
composed in whole or in part of silver 
shall be the current price not to exceed 
the* applicable maximum price. The 
term “material prices” includes the 
prices for raw materials or products 
which have been processed or fabricated 
to any degree. However, costs for au¬ 
tomotive parts defined in section 1 (c) 
(1) shall be the applicable prices estab¬ 
lished by this regulation. 

(3) To the extent that the cost deter¬ 
mining method includes or is based on 
prices paid for subcontracted services, 
whether machinery services or other¬ 
wise, or perishable tools, dies, molds, 
patterns, or work-holding devices, the 
manufacturer shall use the actual prices 
paid or the prices to be paid, which 
are estimated by his supplier if he has 
no reason to believe that these prices 
exceed the applicable maximum prices. 
If a price estimated by a supplier is not 
available, the manufacturer shall use his 


own estimate of the price to be paid 
which he has no reason to believe ex¬ 
ceeds the applicable maximum price. 

(4) To the extent that the cost de¬ 
termining method includes freight rates 
paid, the producer shall use freight rates 
in effect on March 31, 1942, or current 
actual freight rates, whichever are 
lower, for the mode of transportation 
actually used. 

(b) Determination of costs when man - 
facturer is not a producer. When the 
manufacturer is not a producer of the 
part he sells, he shall determine his costs 
by dividing the amount of the invoiced 
charges, including freight-in, for the 
units of the part he purchased during 
the three months preceding the date he 
determines his costs by the number of 
units of the part he purchased during the 
same three months’ period and which are 
included on the same invoices. The 
result obtained from this division shall 
be the costs to be included in the pricing 
method of either section 9 or section 12 
by the manufacturer who does not pro¬ 
duce the part he sells. If the manufac¬ 
turer did not make any purchase or a 
representative number of purchases dur¬ 
ing the three months immediately pre¬ 
ceding the date these costs are deter¬ 
mined, he shall use the invoiced charges 
to him, including freight-in, for the three 
months’ period closest to the date he 
determines these costs in which he made 
a representative number of rurchases. 

(c> Determination of costs when 
manufacturer produces sojne of the units 
and purchases the remainder of the units 
of the part he sells. When the manufac¬ 
turer produces some of the units and 
purchases the remainder of the units of 
a part he sells, he shall determine his 
costs by: 

(1) Determining his costs for the units 
he produces in accordance with para¬ 
graph (a) and by determining his costs 
for the units he purchases in accordance 
with paragraph (b). 

(2) Multiplying each of these costs by 
the respective percentage which the 
units produced and the units purchased 
each constituted of the total units pro¬ 
duced and purchased during the three 
months’ period preceding the date he 
determines his costs or during the three 
months* period closest to the date he de¬ 
termines these costs in which he pur¬ 
chased and produced a representative 
number of units. 

(3 ) Adding together the result of each 
of the multiplications required by sub- 
paragraph (2) to obtain a total which 
shall be the costs to be included in the 
pricing method of either section 9 or 
12 by the manufacturer who produces 
some and purchases the remainder of 
the units of a part he sells. 

Sec. 14. Procedure for establishing 
maximum non-list prices for parts which 
cannot be priced under section 6 or 7. 
If the manufacturer is not able to estab¬ 
lish a maximum price in accordance with 
section 6 or 7 because he produces the 
part in a new or converted plant or be¬ 
cause he was not engaged as a manufac¬ 
turer as defined in section 21 of this reg¬ 
ulation during a period on or after 
March 31, 1942, which would enable him 
to establish a maximum price in accord¬ 


ance with section 6 or 7, or for any other 
reason, he shall establish a maximum 
non-list price in accordance with the 
'following: 

(a) Price determining method _(1) 

Where the manufacturer is a producer. 
Where the manufacturer is a producer he 
shall establish a price determining 
method and rates for use therein (labor 
rates, machine hour rates, overhead 
rates, and profit rates, etc.) for the de¬ 
termination of a non-list price for such 
part conforming so far as possible to the 
provisions of section 12 and section 13. 
The overhead rate so established shall 
be a reasonable rate with respect to the 
operations to be performed, and shall, so 
far as possible, be based on costs for 
items of overhead in effect on March 31, 
1942. In the case of a newly constructed 
plant, however, the manufacturer may 
use as a base date for all purposes the 
date upon which price quotations were 
first made or upon which production was 
started in the plant, whichever is ear¬ 
lier, and shall use labor rates for each 
classification of labor prevailing on that 
date in the locality of the plant deter¬ 
mined in accordance with section 13 (a) 
<1>, with the above base date substituted 
for the March 31.1942, date used therein. 

(2) Where the manufacturer is not a 
producer. Where the manufacturer is 
not a producer he shall establish a price 
by determining costs for the part in ac¬ 
cordance with section 13 (b), and adding 
to such costs a markup as comparable as 
possible to the markup he would have 
added if he were able to establish a price 
in accordance with section 9 or 12. tak¬ 
ing into consideration discounts and al¬ 
lowances to be applied for different 
classes of purchasers. 

(b) Notifying the Office of Price Ad¬ 
ministration —(1) Where the manufac¬ 
turer is a producer. Where the manu¬ 
facturer is a producer he shall file a 
report with the Office of Price Adminis¬ 
tration. Washington, D. C.. except that 
a rebuilder of used parts shall file it with 
the nearest regional office, containing: 

(1) The price determining method and 
rates used in establishing prices as pro¬ 
vided in paragraph (a); 

<ii> A description of the parts for 
which the prices are determined; 

(iii) A representative sample of prices 
determined in accordance with the pric¬ 
ing method; 

(iv) An explanation of the circum¬ 
stances necessitating pricing under this 
section; 

(v) Relevant data bearing on the price 
determining method and rates to be used, 
including evidence that such method and 
rates were Calculated as provided in 
paragraph (a); 

(vi) A statement of whether or not 
quantity production has been achieved or 
is anticipated; 

(vii) A brief description of the newly 
constructed or converted plant, if any; 
and 

(viii) Any other data which the Office 
of Price Administration may in writing 
require. 

(2) Where the manufacturer is not a 
producer. Where the manufacturer is 
not a producer he shall file a report with 








FEDERAL REGISTER, Saturday, August 21, 1943 


11577 


the Office of Price Administration, Wash¬ 
ington, D. C., containing: 

(1) A description of the part for which 
a price is being established; 

(ii) An explanation of the circum¬ 
stances necessitating pricing under this 
section; 

(iii) The costs for the part determined 
in accordance with section 13 (b); 

(iv) The amount of the markup to be 
added to the costs, together with a per¬ 
centage breakdown of the expenses and 
profit provided for; 

(v) The discounts and allowances to be 
applied to the price for each class of pur¬ 
chaser; and 

(vi) Any other data which the Office of 
Price Administration may in writing re¬ 
quire. 

<c> Action by the Office of Price Ad¬ 
ministrate. (1) Prices reported or 
calculated in accordance with the price 
determining method so reported may be 
quoted or charged for thirty days prior 
to filing such report and may be quoted 
or charged thereafter until the Office of 
Price Administration disapproves such 
prices or requires a new filing under 
paragraph (b). No payment may be re¬ 
ceived, however, until the price or price 
determining method is either approved 
in writing by the Office of Price Adminis¬ 
tration or thirty days have elapsed from 
the date the report of the price or price 
determining method is received by the 
Office of Price Administration without 
any notice of disapproval. If the Office 
of Price Administration approves the 
prices, or the pricing method and the 
prices which result from its use, or fails 
to disapprove them within thirty days 
after receiving such report, the max* 
imum non-list prices for the parts in¬ 
volved shall be the prices reported, or 
the prices calculated in accordance with 
the price determining method reported, 
until new prices or a new pricing method 
is proposed and reported either upon the 
initiative of the manufacturer or as re¬ 
quired by the Office of Price Administra¬ 
tion. The prices previously filed shall not 
be regarded as fixed prices, but may be 
modified pursuant to the new prices or 
the new price determining method sub¬ 
mitted. 

(2) The Office of Price Administra¬ 
tion may disapprove the prices, or price 
determining method reported and the 
prices resulting from its use, in writing 
within the thirty day period, and upon 
such disapproval the manufacturer shall 
file new prices or a revised pricing 
method in accordance with the sugges¬ 
tions and directions contained in such 
disapproval, and the provisions of this 
section shall apply in all respects to such 
revised method or prices. 

(d) Refiling of prices or price deter¬ 
mining method. No later than six 
months after the last filing, in accord¬ 
ance with this section, of prices or a 
price determining method which was not 
disapproved by the Office of Price Ad¬ 
ministration, the manufacturer shall file 
a report with the Office of Price Admin¬ 
istration, Washington, D. C. f except that 
a rebuilder of used parts shall file this 
report with the nearest regional office, 
containing: 


(1) A comparison of his total actual 
direct and indirect costs for the period 
under review, with the estimates on 
which the prices or price determining 
method being used was based; and 

(2) So far as available for each of 
the representative items for which prices 
were previously charged, the current 
price being charged and a comparison 
of the actual direct and indirect unit 
costs with the estimates on which the 
price previously charged was based. 

(e) Revision of prices or price deter¬ 
mining method. The manufacturer may 
at any time file, and the Office of Price 
Administration may at any time require 
the filing of, revised prices or a revised 
pricing method, together with a repre¬ 
sentative sample of prices determined in 
accordance with such method. The pro¬ 
visions of paragraph (c) are applicable 
to such filing. 

Article IV—Miscellaneous 

Sec. 15. Federal and State taxes, (a) 
Any tax levied by any statute of the 
United States or statute or ordinance of 
any state or subdivision thereof which 
the manufacturer on March 31, 1942, 
added to the price paid by the purchaser 
shall not be included in the maximum 
price but may be collected by the manu¬ 
facturer in addition to the maximum 
price if such tax is stated separately 
from the purchase price, except that 
such tax need not be stated separately 
if it is measured by the manufacturer's 
cost of the part. 

(b) Any tax upon the sale or delivery 
of a part and any compensating use tax 
upon a part levied by any statute of the 
United States or statute or ordinance of 
any state or subdivision thereof and be¬ 
coming effective on or after March 31, 
1942, may also be collected by the manu¬ 
facturer making such taxable sale or 
delivery in addition to the maximum 
price if such tax is stated separately 
from the purchase price, unless the 
manufacturer had increased his price 
on or before March 31, 1942, to reflect 
such new or increased tax, except that 
such tax need not be stated separately 
if it is measured by the manufacturer's 
cost of the part. 

(c) (1) Any separately stated tax paid 
by a manufacturer on a part purchased 
for resale may be collected by such manu¬ 
facturer in addition to the maximum 
price upon the resale of such part unless 
the price in effect on March 31. 1942, re¬ 
flected the amount of such tax. 

(2) Any tax paid by a manufacturer 
upon the purchase of a component 
of a part which can be delivered sepa¬ 
rately from the principal assembly of 
the complete part may also be collected 
by the manufacturer upon the sale of 
the part as well as upon the sale of the 
component separately, if such tax is 
stated separately from the purchase 
price, unless the manufacturer’s price 
for the component or the part in effect 
on March 31, 1942, reflected the amount 
of such tax. 

(d) A tax on transportation of parts 
imposed by section 620 of the Internal 
Revenue Act of 1942, for the purpose of 
determining the applicable maximum 


price, shall be treated as a cost of trans¬ 
portation. It shall not be treated as a 
tax for which a charge may be made in 
addition to the maximum price. 

Sec. 16. Applications for adjustment 
and petitions for amendment —(a) Ap¬ 
plication for adjustment —(1) Applica¬ 
tion by a manufacturer of a part —(i) 
Who may receive adjustment. The 
manufacturer’s maximum price for a 
part established by this regulation may 
be adjusted only in the case of an essen¬ 
tial maufacturer of an essential part. 
An essential part is one which contrib¬ 
utes to the successful prosecution of the 
war. An essential manufacturer is one 
whose output or supply of a part cannot 
be reasonably expected to be replaced at 
prices lower than the proposed adjusted 
maximum price. In addition, any per¬ 
son who has entered into, or proposes to 
enter into, a war contract (as defined 
in section 21). or a subcontract there¬ 
under, is an essential manufacturer of 
an essential part. 

(ii) When adjustment may be grant¬ 
ed. The Office of Price Administration, 
any regional office, or such other offices 
as may be authorized by order issued by 
the appropriate regional office, may ad¬ 
just the maximum price in the case of an 
essential manufacturer of an essential 
part upon the basis of information sub¬ 
mitted by the manufacturer or of other 
information. It may make Uiat adjust¬ 
ment whenever it finds that the max¬ 
imum price of a part is at such a level 
that (taking into account the cost there¬ 
of. the profits position of the manufac¬ 
turer, and the nature of the business) 
production or supply of the part is im¬ 
peded or threatened and the adjustment 
would not cause an increase in the cost 
of living. 

(iii) Factors which may be considered . 
(a) The following factors are relevant 
to the consideration whether production 
or supply of the commodity is impeded 
or threatened; 

( 1) Whether, and by what amount, 
the maximum price is below or above the 
total unit costs (as defined in section 
21) of the part less selling and adminis¬ 
trative expenses properly allocable to 
the internal management of the business, 
and above or below the total unit costs 
of the part. 

(2) Whether, and by what amount, 
the manufacturer’s over-all profits (as 
defined in section 21), before income and 
excess profits taxes, are greater or less 
than his average over-all profits during 
the normal base period (as defined in 
section 21), increased by 7% of the ad¬ 
ditional capital investment contributed 
entirely by the manufacturer, or its 
stockholders, since the normal b&se pe¬ 
riod. Capital investment will be con¬ 
strued as including accumulated profits. 

(3) Whether the proposed price is 
higher than the price prevailing in the 
industry. 

(4) Whether the manufacturer's sales 
of the part represent only a very small 
part of his total sales. 

(5) Whether the manufacturer previ¬ 
ously sold the part below the total unit 
costs of the part. 






11378 


FEDERAL REGISTER, Saturday , August 21 y 1943 


(b) The following factors are relevant 
to a consideration of whether the adjust¬ 
ment would cause an increase in the cost 
of living: 

(1) Whether the part is of a type sold 
to civilian consumers other than indus¬ 
trial consumers. 

(2) If such is the case, whether the 
increase allowed by adjustment would be 
absorbed prior to sale to a non-industrial 
consumer. 

(3) Whether, if the applicant did not 
produce or supply the part, the output 
would be replaced by the same or a sub¬ 
stitute commodity at prices equal to or 
higher than the proposed adjusted max¬ 
imum price. 

fiv) Application based on proposed 
wage or salary increase to be authorized 
by the National War Labor Board. A 
manufacturer who believes that the con¬ 
ditions for an adjustment set forth in 
subparagraph (1) would exist if the Na-^ 
tional War Labor Board should grant a 
pending application for wage or salary 
increase may file an application for ad¬ 
justment under this paragraph. Appli¬ 
cation for adjustment of maximum 
prices based on wage or salary increases 
requiring the approval of the National 
War Labor Board must also comply with 
Supplementary Order No. 28, which re¬ 
quires. among other things, that an ap¬ 
plication for adjustment in such case be 
filed within fifteen days after an applica¬ 
tion for a wage or salary adjustment has 
been filed with the National War Labor 
Board, or, in a disputed wage proceed¬ 
ing, within fifteen days after the em¬ 
ployer receives notification that the 
National War Labor Board has taken 
jurisdiction of the dispute. 

(v) Prices for deliveries made pending 
disposition of the application. A manu¬ 
facturer who has filed an application 
under this subparagraph (1) may con¬ 
tract or agree that deliveries made dur¬ 
ing the pendency of the application shall 
be at a specific price which is higher than 
the existing maximum price which the 
manufacturer wants to have adjusted. 
But no payment in excess of that exist¬ 
ing maximum price may be received 
until the application is finally disposed 
of, and at that time the price received 
may not exceed the maximum price as 
determined by the Office of Price 
Administration. 

A manufacturer who wishes to enter 
into such an arrangement must specifi¬ 
cally state to the buyer the following: 

(a) The maximum price for the part; 

(b) The fact that an appropriate ap¬ 
plication for an adjustment of that 
maximum price has been filed with the 
Office of Price Administration; 

(c) The fact that the specific price 
quoted by the manufacturer is subject to 
the approval of the Office of Price 
Administration. 

(2) Application by a manufacturer 
based upon an appropriate decrease of 
other prices —(i) Who may receive an 
adjustment under this paragraph. Ad¬ 
justments under this paragraph will be 
granted only in the case of an essential 
producer or supplier of an essential part. 
The meaning of these terms is explained 
in subparagraph (1) (i) of this section. 


(ii) When adjustment may be granted. 
The Office of Price Administration, any 
regional office, or such other offices as 
may be authorized by order issued by the 
appropriate regional office, may make an 
adjustment of the maximum price in any 
case in which the manufacturer agrees 
to make and (simultaneously with any 
increase in the maximum price that may 
be authorized under this subparagraph 
(2)) makes a reduction in the selling 
price of other commodities which will 
equal or exceed the total dollar amount 
of the adjustment granted under this 
subparagraph. 

(iii) What an application under this 
subparagraph must show. An applica¬ 
tion for price adjustment under this 
subparagraph shall contain information 
indicating that the applicant is an es¬ 
sential manufacturer of an essential 
part and that if the proposed adjust¬ 
ment is granted, the gross dollar amount 
of sales of the parts affected by the ad¬ 
justment will not be greater than it 
would have been in the absence of the 
adjustment. In any case where such an 
adjustment is granted, the Office of Price 
Administration will require appropriate 
reports relating to the commodities 
affected. 

(3) Application by a manufacturer 
under a combination of both paragraphs 
(a) and (b). A manufacturer who de¬ 
sires to apply for an adjustment under 
subparagraph (2) may, at the time he 
applies under that subparagraph, also 
apply under subparagraph (1), if the 
facts of his case entitle him to do so. In 
such case, the office considering his ap¬ 
plication will give the adjustment avail¬ 
able under subparagraph (1) before 
applying subparagraph (2). 

(4) How the manufacturer proceeds 
in applying for an adjustment. An 
application for an adjustment under this 
paragraph (a) shall be filed in accord¬ 
ance with Revised Procedural Regula¬ 
tion No. 1 * and shall be on Form OPA 
694:478 set out in Appendix C. Copies of 
this form and of the instructions for 
completing it may be obtained from any 
district or regional office of the Office 
of Price Administration. Where appli¬ 
cation is made for an adjustment in the 
maximum price for a rebuilt part, the 
application shall be filed with the near¬ 
est regional office. That regional office 
shall give appropriate consideration to 
and grant or deny such application. All 
other applications for adjustment shall 
be filed with, and acted upon by, the 
Office of Price Administration, Wash¬ 
ington, D. C. 

(5) Nonapplication of Supplementary 
Order No. 9. This paragraph (a) super¬ 
sedes Supplementary Order No. 9 
(§ 1305.12), insofar as commodities cov¬ 
ered by this regulation are concerned. 
Accordingly, applications for adjust¬ 
ment of a maximum price established 
by this regulation may not be filed under 
Procedural Regulation No. 6. 

(b) Petition for amendment. Any 
person seeking an amendment of this 
regulation may file a petition for amend¬ 
ment in accordance with Revised Pro- 


4 7 FR. 8961; 8 F.R. 3313, 3533, 6173. 


cedural Regulation No. 1. There shall 
be filed with such petition and incor¬ 
porated therein all relevant data show¬ 
ing the need for the proposed amend¬ 
ment and its conformity to the policy 
of this regulation and of the Emergency 
Price Control Act of 1942, as amended, 
to control inflation. 

Sec. 17. Transfer of business or stock 
in trade. If the business assets or stock 
in trade of any business are sold or 
otherwise transferred after March 31, 
1942, and the transferee carries on the 
business, or continues to deal in the same 
type of parts in the same competitive 
area and in an establishment separate 
from any establishment which he may 
previously have owned or operated, the 
transferee shall be subject to the same 
maximum prices as those to which his 
transferor would have been subject un¬ 
der this regulation if no transfer had 
taken place, and his obligation to keep 
records sufficient to verify these maxi¬ 
mum prices shall be the same. The 
transferor in such cases shall either pre¬ 
serve and make available, or turn over, 
to the transferee all records or transac¬ 
tions prior to the transfer which are 
necessary to enable the transferee to 
comply with the provisions of this regu¬ 
lation. 

Sec. 18. Records and reports — (a) 
Records. Persons subject to this regula¬ 
tion shall keep available for inspection 
by representatives of the Office of Price 
Administration for so long as the Emer¬ 
gency Price Control Act of 1942, as 
amended, shall remain in effect; 

(1) Records of all sales of parts made 
after the effective date of this regulation 
and of the prices charged. 

(2) Records of labor rates and over¬ 
head rates in effect on March 31, 1942; 

(3) Records of all data showing the 
calculation of maximum prices in ac¬ 
cordance with the provisions of this reg¬ 
ulation. 

(b) Summary of data to be furnished 
by manufacturer to Office of Price Ad¬ 
ministration , and to customers— ( 1) To 
Office of Price Administration, (i) Cata¬ 
logs and discount sheets, and price lists 
containing resale list prices which are 
established as maximum prices. (Re¬ 
quired by section 6.) 

(ii) Report of new maximum list price 
determined in accordance with section 
9. (Required by section 9 (c).) 

(iii) Informal application for exemp¬ 
tion from necessity of establishing a new 
maximum list price. (Required by sec¬ 
tion 11.) 

(iv) Report of new maximum non-list 
price determined in accordance with sec¬ 
tion 12 which is higher than the most 
recent price charged subsequent to 
March 31, 1942. (Required by section 
12 (b).) 

(v) Report of maximum price or price 
determining method established for a 
part under section 14. (Required by sec¬ 
tion 14 (b).) 

(vi) Report on price or price deter¬ 
mining method established under section 
14, which must be filed six months after 
the date the established price or price 
determining method was filed in accord¬ 
ance with section 14 (b). (Required by 
section 14 (d).) 







FEDERAL REGISTER, Saturday, August 21, 1943 


11579 


(2) To customers . (1) Catalogs and 
price lists, and discount sheets which in¬ 
clude suggested resale prices established 
as maximum prices under Maximum 
Price Regulation No. 453 (Wholesalers* 
and Retailers’ Maximum Prices for Auto¬ 
motive Parts). (Required by section 
10 (a).) 

<ii) A statement informing customers 
that suggested resale prices included on 
manufacturer's price lists are their max¬ 
imum prices, where such resale prices are 
established as maximum prices under 
Maximum Price Regulation No. 453 
(Wholesalers’ and Retailers’ Maximum 
Prices for Automotive-Parts). (Required 
by section 10 (b).) 

(iii) Notice on invoices when manu¬ 
facturer’s catalogs and price lists con¬ 
tain suggested resale prices established 
as maximum prices under Maximum 
Price Regulation No. 453 (Wholesalers’ 
and Retailers’ Maximum Prices for Auto¬ 
motive Parts). (Required by section 10 
(c).) 

Sec. 19. Evasion . (a) It shall be a 

violation of tills regulation to evade the 
price limitations of this regulation by 
direct or indirect means, by reducing 
the period of guaranty or warranty or 
performance; by reducing discounts, 
freight allowances, exchange values, or 
other concessions to any purchaser; by 
changing discount or customary price 
differentials among classes of purchas¬ 
ers; by eliminating or reducing exchange 
credits; or in any other manner. 

(b) The Office of Price Administration 
may, upon request, grant written per¬ 
mission to any person subject to this 
regulation to change his credit terms in 
effect on March 31, 1942, where such 
change is necessitated by orders issued 
by the Board of Governors of the Federal 
Reserve System or any agency of the 
United States. 

Sec. 20. Enforcement . Persons vio¬ 
lating any provisions of this regulation 
are subject to the criminal penalties, 
civil enforcement actions, and suits for 
treble damages or suspension of licenses 
provided for by the Emergency Price 
Control Act of 1942, as amended. 

Sec. 21. Definitions, (a) “New part” 
is a part which has not been previously 
used. The term includes unfinished 
parts not specifically excluded by section 
1 (c) (1) and when sold by a manufac¬ 
turer who is a regular producer of parts 
as defined in paragraph (g). 

(b) “Normal base period” means the 
period 1936-1939. If the applicant for 
an adjustment under section 16 (a) shall 
demonstrate to the satisfaction of the 
Office of Price Administration either (1) 
that his entire industry was operating 
during the greater part of such period at 
an unusually depressed level or (2) that 
because of unusual conditions prevailing 
during that period, the manufacturer’s 
business was operating during that pe¬ 
riod at an unusually depressed level in 
comparison to other businesses in the 
industry, and in addition that some other 
period prior to January 1, 1941, repre¬ 
sents a proper normal base period, such 
other period may be considered. The 
mere fact that the rate of r, luction or 
distribution has increased since 1936- 
1939 will not be deemed evidence that 


production or distribution during that 
period was at an unusually depressed 
level. If the manufacturer was not in 
business prior to January 1,1941, he shall 
state that fact in his application. 

(c) “Over-all profits” mean net profit 
resulting from the operation of all divi¬ 
sions of the manufacturer, before the 
creation of any reserves, except ordinary 
reserves for depreciation and bad debts, 
and before income and excess profit 
taxes. In the case of a subsidiary wholly 
owned by a parent corporation, over-all 
profits mean the consolidated net profit 
of the parent corporation and the wholly 
owned subsidiary, as well as the net 
profit of the subsidiary, before the crea¬ 
tion of any reserves, except ordinary re¬ 
serves for depreciation and bad debts, 
and before income and excess profit 
taxes. 

(d) “Person” includes; an individual, 
corporation, partnership, association, or 
any other organized group; their legal 
successors or representatives; the United 
States, or any government, or any of its 
political subdivisions; or any agency of 
the foregoing. 

"*(e) “Purchaser of the same class” re¬ 
fers to the practice adopted by the man¬ 
ufacturer in setting different prices for 
a part sold to different purchasers or 
kinds of purchasers (for example, gov-‘ 
ernmental agency, public institution, 
dealer, service station, other individual 
wholesaler or retailer, mail order house), 
or for purchasers located in different 
areas or for different quantities or 
grades or under different conditions of 
sale. 

(f) “Rebuilt part”, which includes a 
reconditioned part, is a part which has 
been previously used and in which all 
defective, worn, or missing components 
needing replacement or repair for satis¬ 
factory operation have been replaced or 
repaired, and is guaranteed to be rebuilt 
or equivalent to rebuilt and to render 
satisfactory service. 

(g) “Regular producer of parts”. A 
manufacturer shall be considered a reg¬ 
ular producer of parts when he repre¬ 
sents himself in the trade as a producer 
of parts through the issuance of catalogs, 
price lists, of other advertising matter, 
circulated generally in the trade and in 
which such part is designated by name 
and by the producer’s part number, and 
he owns the patterns,, dies, molds, or 
other special tools used for the produc¬ 
tion of such part, and he customarily 
produces such parts for. and sells such 
parts from, stock. A seller who believes 
that he is a regular producer of parts, 
but who does not meet the above re¬ 
quirements may nevertheless be consid¬ 
ered a regular producer of parts if he is 
recognized in the trade as a supplier of 
parts and applies to the Office of Price 
Administration for, and receives from 
that agency, a determination that he is a 
regular producer of parts or receives 
from that agency, without application, 
such a determination. 

(h) “Similar part”. One part shall 
be deemed “similar” to another part, if 
the first has the same use as the second, 
affords the purchaser fairly equivalent 
serviceability, and belongs to a type 
which would ordinarily be sold in the 


same price line. In determining the 
similarities of such commodities, differ¬ 
ences merely in style or design which do 
not affect use or serviceability, or the 
price line in which such commodities 
would ordinarily have been sold, shall 
not be taken into account. 

(j) “Subcontract” means any pur¬ 
chase order or agreement to perform all 
or any part of the work, or to make or 
furnish any commodity, required for the 
performance of another contract or sub¬ 
contract. 

(k) “Total unit costs” mean: 

(l) When the manufacturer produces 
all the units of the part he sells . the di¬ 
rect unit cost of labor, materials, and 
subcontracted services plus a proportion 
of factory overhead, administrative, sell¬ 
ing and other expenses, based on actual 
operating experience, properly allocable 
to the production of the part, but does 
not include provisions for income or ex¬ 
cess profit taxes. The allocation of fac¬ 
tory overhead, administrative and other 
expenses must be made without refer¬ 
ence to temporary fluctuations of pro¬ 
duction. 

(2 > When the manufacturer pu rchases 
all the units of the part he sells, the 
weighted average of his supplier’s in¬ 
voiced net prices, freight in and freight 
out. other direct costs, and selling and 
administrative expenses normally appli¬ 
cable to the handling of the commodity 
which are properly allocable to the man- % 
ufacturer’s total cost of doing business, 
exclusive of any provisions for income 
or excess profit taxes. 

(3) When the manufacturer produces 
some of the units and purchases the re¬ 
mainder of the units of the part he sells , 
the result obtained by adding together 
the amounts derived from the multipli¬ 
cation of total unit costs determined un¬ 
der subparagraph (1) for the units pro¬ 
duced and the total unit costs deter¬ 
mined under subparagraph (2) for the 
units purchased by the respective per¬ 
centage each of these groups constituted 
of the total units sold by the manufac¬ 
turer during the three months’ period 
immediately preceding the date these di¬ 
rect costs are determined or during a 
preceding three months’ period closest to 
that date in which a representative 
number of units were both produced and 
purchased. 

(l) “Used part” is a part which has 
been previously used but which is not a 
rebuilt part as defined- in paragraph (f). 

(m) “War contract” means any con¬ 
tract wiyi the United States, or any 
agency thereof, or with the government, 
or any agency thereof, of any country 
whose defense the President deems vital 
to the defense of the United States, un¬ 
der the terms of the Lend-Lease Act, for 
the sale of a machine or part purchased 
(1) for the ultimate use of the armed 
forces of the United States or for lend- 
lease purposes, or (2) by any govern¬ 
ment (or agency thereof) of any coun¬ 
try whose defense the President deems 
vital to the defense of the United States 
under the terms of the Lend-Lease Act, 
or (3) for use in the production or man¬ 
ufacture of any commodity described in 
(1) or (2). 






FEDERAL REGISTER, Saturday, August 


11580 

Appendix A— Automotive Parts and Subassem¬ 
blies Covered by This Regulation 

1. Chassis parts and actuating mechanism. 
Including frame, torque members and other 
parts used to promote rigidity or strength, 
Including chassis converters and trailer run¬ 
ning gears. 

2. Springs, standard helper and auxiliary. 
Including parts thereof and all attaching 
parts. 

3 Shock absorbers and parts thereof, in¬ 
cluding attaching parts. 

4. Axles. 

(a) Front axle, conventional and front 
wheel drive, and all parts thereof. Including 
bearings, housing, actuating mechanism and 
spring seats, connecting and attaching parts. 

(b) Rear axle, conventional, auxiliary and 
conversion, and all parts thereof, including 
bearings, actuating mechanism, spring seats, 
connecting and attaching parts. 

5. Wheels and associated parts and parts 
thereof, and attaching parts, including rims, 
hubs, hub caps, drums, lugs, and bearings. 
Also wheel trim sets, discs and shields. 

6. Steering mechanism, housing and parts 
thereof, Including steering wheel with con¬ 
necting and attaching parts, king pins and 
king pin bushings, shims, and attaching parts, 
stcerlug bearings, and steering balls, stabi¬ 
lizing equipment. 

7. Internal ccmbustion engines and parts 
thereof, including actuating mechanism, cyl¬ 
inder head, attaching and connecting parts, 
cylinder block, pistons and parts thereof, con¬ 
necting rods and attaching parts thereof, cyl¬ 
inder sleeves (wet and dry), timing gears, 
timing chain, distributor, including shaft 
gears, bushings and their connecting and at¬ 
taching parts, tappets, plungers, valves. 

>ralve parts and their actuating mechanism, 
air pumps, fan and parts thereof, crank case 
and enclosed parts, crankshaft bearings, oil 
level indicator, fly wheel with connecting 
parts, shims and gaskets. 

8. Fuel system and parts thereof, including 
the actuating mechanism, gas tank, auxiliary 
gas tank, vacuum tank and parts thereof, air 
filter, carburetor and parts thereof. Also fuel 
pipes, check valves, manifolds and pressure 
pumps. 

9. Motor exhaust systems, extensions and 
parts thereof. Including manifold exhaust 
pipe, 'muffler and parts and connecting parts 
thereof. 

10. Ignition system and parts thereof (ex¬ 
cept batteries), including ignition switch, 
generator and parts thereof, with connecting 
and attaching parts thereof, distributors and 
parts thereof, including connecting and at¬ 
taching parts, spark plugs and parts thereof, 
ignition wiring harness, ignition coil, relay or 
cut-out, fuses, automatic spark control sys¬ 
tems. 

11. Temperature control system and parts 
thereof, Including hose connections, radiator, 
radiator covers, screens, shutters, fronts and 
guards and parts thereof with their connect¬ 
ing and attaching parts, radiator grills, cir¬ 
culating pumps and parts thereof, thermo¬ 
stat and parts thereof. 

12. Clutch mechanism and parts thereof. 
Including clutch cover, bearings,' facings, 
shafts, and pedals. 

13. Transmission, standard auxiliary, over¬ 
drive and fourth speed, with the actuating 
mechanism thereof, including housing, fluid 
and vacuumatic transmissions with the parts 
thereof, bearings, gears, shift levers, speed¬ 
ometer drive. 

14. Differential, standard and auxiliary 
with the actuating mechanism and parts 
thereof, including pinion and ring gears, and 
housings. 

15. Drive shaft with the connecting actuat¬ 
ing parts thereof, including bushings and 
universal joints. 

16. Brake system, all types with actuating 
mechanism and parts thereof, including foot 
and hand brake levers, brake shoes, toggle 
Joinings, pull rods, shafts, equalizers, springs. 


cylinders, tubes, tanks, and reserve tanks for 
fluid. 

17. Lubrication system and parts thereof, 
Including oil pumps and parte thereof, in¬ 
cluding connecting and attaching parts, filler 
and level plugs, grease cups, oil cleaners, In¬ 
dividual fittings and parts thereof, central 
shot system and parts thereof. 

18. Bolts, nuts, screws and rivets as defined 
In Maximum Price Regulation 147 either when 
specially packaged and sold as automotive 
parts by manufacturers of automotive parts 
or sold as replacement parts by manufac¬ 
turers of motor vehicles or of assemblies de¬ 
signed for use only as automotive parts or 
accessories. 

19. Hood, fenders, running boards, cowl¬ 
ing and connecting and attaching parts 
thereof, including dual wheel fenders and 
fender splash guards. 

20. Starting system and parts thereof, 
actuating mechanism, including starter, mo¬ 
tor starter, wiring harness, switches, starting 
pedal rods, with the connecting and attach¬ 
ing parts. 

21. Signal devices and parts thereof, in¬ 
eluding the actuating mechanism, buttons, 
and switches, horns, and buzzers, including 
connecting and attaching parts and wire har¬ 
ness. directional signals. 

22. Lighting system and parts thereof, in¬ 
cluding switches and wire harness, lamps 
and posts, including auxiliary lighting equip¬ 
ment (except bulbs), resistance coils and 
parts thereof. Also beam headlights, fog. 
spot, trunk, fender, step, and running or 
identification lighting equipment. 

23. Electrical gauges and control equip¬ 
ment and parts thereof, including gasoline 
gauges, heat indicator, ammeter and other 
miscellaneous electrical gauges. 

24. Mechanical equipment gauges, hy¬ 
draulic or otherwise, including the instru¬ 
ment panel and with its connecting and 
attaching parts, gas tank gauges, water tem¬ 
perature gauges, oil circulation gauges, oil 
pressure indicator and other miscellaneous 
gauges. 

25. Control equipment and parts thereof, 
including acceleration mechanism, choker 
rods, governors and parts thereof, windshield 
wiper control and attaching parts, carburetor 
heat control, speedometers and parts thereof. 

26. Bumpers and bumper stops, guards, 
wings, and their connecting and attaching 
parts. 

27. Bodies, cabs and component parts 
thereof, bodies designed exclusively for com¬ 
mercial vehicles and busses, Including the 
attaching parts, but excepting glass and 
upholstery. 

28. Rear view mirrors. 

29. Body fittings and attachments, includ¬ 
ing wind lace or weather strip, cowl boards, 
sun visors, floor boards, foot rails, body hard¬ 
ware. 

30. Miscellaneous auxiliaries, including 
running board plates, running board molding, 
spare tire locks, license plate frames, cigar 
lighter, etc. 

31. Tourist trailer parts including trailer 
legs, hitches, coupling devices and running 
gears. 

32. Parts for commercial motor vehicle 
trailers, tractors, including third axle attach¬ 
ments and auxiliary wheel units. 

33. Portable power units including power 
take-offs, truck cranes, winches, transmission 
derricks, truck hoists, and compres&rs auto 
driven. 

34. Reground crankshafts, rebored cylin¬ 
ders, repaired and rebuilt generators and 
starters and motors; rellned brake shoes; 
overhauled and reconditioned carburetors, 
rebabbitted connecting rods, realigned main 
bearings, trued brake drums, rebuilt clutches, 
resurfaced cylinder heads, and refaced valves. 

35. Motorcycle drive chains. 

36. Motorcycle dispatch, tow. traffic, side, 
and service cars and their parts, accessories 
and subassemblies. 


21y ms 

Appendix B —Automotive Parts, Subassem¬ 
blies, and Accessories Excluded From This 

Regulation 

1. Batteries and battery separators. 

2. Electric light bulbs, flares, flashlights. 

3. Glass. 

4. Goggles, riding belts, saddle bags and 
splashers, leg shtelds and windshields for 
motorcycles. 

5. Rugs, carpets, fabrics, leather and mo¬ 
hair upholstery. 

6. Bicycle accessories and parts. 

7. Hoists, winches, derricks, and cranes not 
classified as automotive power units or auto 
driven. ' 

8. Tire or car theft alarms Including truck 
burglar alarms. 

9. Luggage and baggage racks, roof rails, 
and coat rails. 

10. Radios, radio aerials and controls. 

11. Tires, tubes, tire covers and tire repair 
material Including patches. 

12. Automotive fabrics including cloth, 
fibre or leather seat covers. 

13. Signs or insignia attachments includ¬ 
ing decalcomanias. 

14. Clocks, mileage clocks and movement 
recorders other than speedometers. 

15. Automotive mechanical and electrical 
testing and maintenance equipment and 
supplies including but not limited to: 

Garage equipment. 

Small tools. 

Expendable tools. 

Tire gauges. 

Chemical compounds. 

Air pumps—hand or mechanical. 

Lubricants and greases. 

Brake fluids. 

Anti-freeze solutions. 

Rags. 

Polishes. 

Waxes. 

16. Castings, forgings or blanks before ma¬ 
chining, threading or stamping operations 
have progressed to the point where they can 
be identified as automotive parts. 

17. Farm machine equipment or parts and 
subassemblies especially designed or manu¬ 
factured for farm equipment. 

18. Road building equipment or parts and 
Subassemblies especially designed or manu¬ 
factured for road building equipment. 

19. Marine engines or parts thereof when 
such engines or parts are especially designed 
for marine engines. 

20. The following types of accessories; 

Shades. 

Screens. 

Valances. 

De-gassers. 

Vents. 

Ventilators. 

Traction sanders. 

Automatic doors. 

Tarpaulins. 

Fare boxes. 

Fire hose. 

Registering machines. 

Fire extinguishers. 

Skid chains, adjusters and links. 

Sun visors and shields. 

Cigarette lighters and ash receivers. 

Hat holders. 

Tissue dispensers. 

Auto umbrellas. 

Refrigeration and air conditioning equip¬ 
ment. 

Rubber horn bulbs, floor mats and topping. 

Air cushions, mattresses, pillows, and bed 
conversions. 

21. Bolts, nuts, screws and rivets as de¬ 
fined in Maximum Price Regulation 147 
except those included in Item 18 of Appen¬ 
dix A. 

22. Rubber and rubber products not listed 
on automotive parts, accessories or subas¬ 
semblies price lists. 





FEDERAL REGISTER, Saturday, August 21, 1943 


11581 


Appendix C— Form for Application for Ad¬ 
justment of Manufacturer's Maximum 
Prices for Automotive Parts 

Form OPA 694:478 

Form Approved 
Budget Bureau No. 08-R616 

United States of America 
Office of Price Administration 

WASHINGTON, D. C. 

Application for Adjustment of Maximum 
Prices for Automotive Parts Under Maxi¬ 
mum Price Regulation No. 452. 

Company name-- 

Address - 

(Street) (City) (State) 
The following facts are furnished to the 
Office of Price Adminstratlon in support of 
this Application: 

SCHEDULE A 

1. General description of the company’s 

business., 

2. Designate and describe part(s) for which 
price increase is required. 

3. Present the following information for 
each part listed in Item 2 above. 

( a) Dollar volume of unfilled orders. $- 

(b) Unit volume of unfilled orders. Indi¬ 
cate unit used)- 

(c) Degree of completion of production or 

supply on unfilled orders- %. 

(d) Anticipated dollar volume of new 

orders for the next: 3 months. $-; 6 

months, $_; 12 months, $_ _ 

Note: If more than one part is being re¬ 
ported. present the required information on 
another sheet. 

4. Present evidence that the company is an 
essential manufacturer of an essential auto¬ 
motive part. 

(a) For each part designated in Item 2 
above, fill in the following if you have entered 
into, or propose to enter Into, a war contract 
or subcontract for the sale of that part: 

(1) Identification of contract_ 

(2) Name of purchaser_ 

(3) Address of purchaser __ 

(Street) 


and officers* salaries and bonuses, and the 
number of officers.) 

2. Financial data 1936-1940. 

(Note: The filing of the financial data 
designated in this item is optional. Should 
the applicant prefer, this information will 
be obtained by the Office of Price Adminis¬ 
tration directly from the Bureau of Internal 
Revenue.) 

Either submit balance sheets and profit 
and loss statements for the years 1936-1940, 
or fill in the following condensed table. 



1936 

1937 

1938 

1939 

1040 

Net sales—. 

Cost of goods sold. 

— 

. 


— 

-- 

Gross profit. 






Administrative expenses... 






Belling expenses.. 






Net operating profit. 






Other income less other 
oxi>enses. 






Net profit before income 
taxes.. 






Debt (except current) at 

end of year..;. 

Net worth at end of year... 

Total assets. 

— 

— 

- 

— 

— 


















(c) Total sales far the above designated 
part only: 



1940 

1941 

1942 

....Mouths 
ending.... 
.1943 

Total unit volume of sales. 
Total dollar volume of 
sales (net). 





$— 

S.~ 

$... 

$.. 



(d) Is the price currently charged for the 

part the same as the maximum price filed 
vhth OPA? . 

(Yes or no) 

(If answer Is "No”, state date when in¬ 
creased price was first charged.) Date: 

194 

(Month) 

(e) Indicate whether the current maximum 

price is a list ( ) or non-list ( ) price. 

(Check one.) 

Price used since_194... 

(Month) 

(/) State on a separate sheet the reasons 
for the need of the requested price increase. 

2. Unit cost data: 

(a) For parts produced: 


3. Are the salaries and wages of all your 
employees in compliance with the maximum 
established by the Office for Economic Stabi¬ 
lization? _ If no, state ex- 

(Yes or no) 

ceptions. 

SCHEDULE C 

UNIT PRICE AND COST INFORMATION 

Designation of part:_ 

Note: If more than one part is Involved, 
prepare and file separate reports on this 
schedule for each part that you consider nec¬ 
essary to convey an adequate understanding 
of the situation which gave rise to this 
application. 

1. Price data: 

(a) Net realized price: 



Ceiling 
date 
costs 
Mar. 
31.1942 

Costs 

Decem¬ 

ber 

1942 

Current 

date 

costs 

1<H3 

(1) Direct material _ 

$ . 

$ . 

$ . 

(2) Direct labor. 




(3) Factory overhead_ 




(4) Selling expense (do not 
include discounts and 
commissions deduct* 
ed under Price Data 
above). 




(5) Administrative expense. 

(6) Freight out, if any. 







(7) Installation expense, if 

any.... 




(8) Other expense, specify.. 




(9) Total cost per unit.. 












(City) (State) 

Note: If more than one part is being re¬ 
ported, present the required information on 
another sheet. 

(b) Present any other information which 
demonstrates that the manufacturer is an es¬ 
sential manufacturer of an essential part. 

(Note: The terms "war contract’*, "sub¬ 
contract”, “essential manufacturer” and "es¬ 
sential part” are defined in Sections 16 and 
21 of this regulation). 

5. Are similar parts produced or supplied 
by competing manufacturers in your region? 


(Yes or no) 

If yes. give names and addresses of com¬ 
petitors, and their prices for such parts. 

SCHEDULE B 

Important. If you have submitted any of 
the following information on Office of Price 
Administration Financial Report Forms A and 
B for certain periods or have furnished same 
on a previous application for adjustment 
of a maximum price, you may omit those 
periods in your present report. In the case 
of a subsidiary wholly owned by a parent 
corporation, consolidated financial data 
should be submitted for the parent corpora¬ 
tion and the wholly owned subsidiary as well 
as financial statements for the subsidiary. 

1. Financial data 1941-1943. 

Submit balance sheets and profit and loss 
statements for the years 1941 and 1942, and 
for the most recent accounting period in 
1943. 

(Note: Each profit and loss statement must 
contain a detailed breakdown of cost of goods 
sold, administrative expense, selling expenses 
No. 166-4 



Ceiling 
date 
price 
March 
31,1942 

Current 

price 

Re¬ 

quested 

price 

1. (List) (Non-list) price...... 




2. Less: Dealers* commissions. 




3. Less: Trade discounts.. 




4. Net realized price. 




6. Net realized price at maxi¬ 
mum discount and/or 
commissions. 









(b) Analysis of sales of the above des¬ 
ignated part: 

Sales for_month period 

(number of months) 

ending_— 1943. 

(month and day) 



Percent¬ 

age 

amount 
of com¬ 
missions 
or dis¬ 
counts 

Dollar 
value 
of sales 

Bales subject to commission of..(1).. 
Bales subject to commission of.. (2).. 


$...... 

Sales not subject to commission. 

xxxxxxxxx 


Bales subject to discount of.(1).. 

Bales subject to discount of.(2).. 

Sales subject to discount of.(3).. 

Sales subject to discount of.....(4).. 

$. 

Sales subject to discount of.(5).. 

Bales not subject to discount. 



xxxxxxxxx 


Total sales of above designated 
product. 


ntmm 

$. 




(10) What method is used in allocating 
factory overhead? 

(i) Standard ( ), Actual ( ), Other 
( ). (Check one.) 

(11) Direct labor cost ( ); Direct labor 

hours ( ); Machine hours ( ); Other 
( )• 

(Explain separately if "other” or combina¬ 
tion.) 

(b) For parts purchased for resale. 



Ceiling 
date 
costs 
Mar. 
31,1942 

Costs 

Decem¬ 

ber 

1942 

Current 

date 

costs 

1943 

(1) Price paid for parts . 

(2) Selling expense (do not 

include discounts de¬ 
ducted under Price 
Data above) . 

$_ 

$- 

$- 

(3) Administrative expense. 

(4) Freight out, if any_ 







(6) Other expenso, specify.. 




(6) Total cost per unit. 











Affidavit 

State of_ 

County of __ss. 


(Applicant) 
By.- 


(Title) 

The undersigned __ 

being first duly sworn according to law, on 
oath deposes and says: 

That he is the person whose name appears 
•ubscribed to the above Application for Ad- 
































































































































11582 


FEDERAL REGISTER, Saturday , August 21 , 1943 


Justment; and that he has read the same 
and knows to his own knowledge that the 
facts contained therein are true and correct, 


(Signature) 

Subscribed and sworn to before me this .... 
day of_ 1943. 


(Officer administering oath) 

Instructions for the Form—Instructions 
for the use of Adjustment Application Form 
for Automotive Parts. In preparing this ap¬ 
plication, please consider that the form is 
intended to cover the cases of all persons 
who are manufacturers as defined in Section 
1 (b) (1) of Maximum Price Regulation No. 
452. Therefore, you will find that some of 
the questions do not apply to your case. 
Moreover, you may find that some point 
that Is Important in your case is not covered 
In the form. Adapt the form if this can 
be done, or state the Information on a sep¬ 
arate sheet If that will be clearer. If any 
difficulty is experienced in completing this 
form it may be taken to the nearest OPA 
district accountant who will give his assist¬ 
ance In its preparation. 

Schedule C entitled “Unit Price and Cost 
Information” is subject to the following 
explanation: 

1. Price data —(a) (1) (List) (Non-Zisf) 

price. Please indicate whether the price is 
a list price or a non-list price by crossing 
out the term that does not apply. 

2. Dealers" commissions. Where all deal¬ 
ers receive the same commission, use the full 
commission rate even if some sales are not 
subject to any commission. If several differ¬ 
ent rates affect the part covered by the ap¬ 
plication. use the rate that applies to the 
largest amount of sales. 

3. Trade discounts. Deduct trade dis¬ 
counts at the average rate of discounts pre¬ 
vailing In your company for the part cov¬ 
ered by this application. 

(b) Period to be covered. Use a sufficient 
number of months prior to the date of the 
application to give an adequate understand¬ 
ing of the situation. Name the period In 
the allotted space and fill in commission rates 
or discounts. 

2. Unit cost data — (a) (1) In general. A 
manufacturer who produces all the parts he 
sells should use Form (a). A manufacturer 
who purchases all the parts he sells Ehould 
use Form (b). A manufacturer who produces 
some and purchases the remainder of the 
parts he sells should use both Forms (a) and 
(b) and should Indicate under Form (a) or 
(b) what percentage group of parts consti¬ 
tuted of the total number of parts sold during 
the period for which the data are submitted. 
(2) Only actual costs for materials should be 
Included in unit cost data. 

(b) Form (a). For Form (a) the following 
should be noted: State separately any 
charges added to costs of materials. 

Where standard costs are used, adjust costs 
for over- or under-absorption during the 
period to which the costs apply. 

The cost data for the ceiling date may be 
recomputed if the part covered by the appli¬ 
cation was not manufactured on or about 
that date. In the recomputation apply the 
wage rates prevailing in your plant on the 
ceiling date and material cost of the same 
date. 

Under Items (6), (7) and (8) include only 
costs borne by the manufacturer and not 
billed separately to the buyer. 

Effective date. This regulation shall 
become effective September 2, 1943. 

Note: All reporting and record-keeping re¬ 
quirements of this regulation have been ap¬ 
proved by the Bureau of the Budget in 


accordance with the Federal Reports Act of 
1942. 

Issued this 19th day of August 1943. 

Chester Bowles, 

Acting Administrator. 

(F. R. Doc. 43-13577; Filed. August 19. 1943; 
4:26 p. m.J 


Part 1360 —Motor Vehicles and Motor 
Vehicle Equipment 
[MPR 453J 

wholesalers' and retailers' maximum 

PRICES FOR AUTOMOTIVE PARTS 

In the judgment of the Price Admin¬ 
istrator the maximum prices established 
by this regulation will be generally fair 
and equitable, will effectuate the pur¬ 
poses of the Emergency Price Control Act 
of 1942, as amended, and are necessary 
to adjust the provisions of the General 
Maximum Price Regulation * 1 to the par¬ 
ticular circumstances of wholesale and 
retail sellers of automotive parts. So far 
as practicable the Price Administrator 
has consulted with and has been advised 
by representative members of the indus¬ 
try which will be affected by this regula¬ 
tion. A statement of the considerations 
involved in the issuance of this regula¬ 
tion has been issued simultaneously here¬ 
with and has been filed with the Division 
of the Federal Register.* 

Such specifications and standards as 
are used in this regulation were, prior to 
such use, in general use in the trade or 
industry affected. 

§ 1360.2 Wholesalers’ and retailers’ 
maximum prices for automotive parts. 
Under the authority vested in the Price 
Administrator by the Emergency Price 
Control Act of 1942, as amended, and Ex¬ 
ecutive Orders 9250 and 9328, Maximum 
Price Regulation 453 (Wholesalers* and 
Retailers’ Maximum Prices for Automo¬ 
tive Parts), which is annexed hereto and 
made a part hereof, is hereby issued. 

Authority: § 1360.2 issued under Pub. Laws 
421 and 729, 77th Cong.; Pub. Law 151, 78th 
Cong.; E.O. 9250, 7 F R. 7871; E.O. 9328, 8 
F.R. 4681. 

Maximum Price Regulation 453— Whole¬ 
salers’ and Retailers* Maximum Prices fob 
Automotive Parts 

article x —scope of regulation and 
prohibition 

Sec. 

1. To what transactions, persons, commodi¬ 

ties, and geographical area this regu¬ 
lation applies. 

2. Relation of this regulation to other regu¬ 

lations. 

3. Prohibition against dealing In parts at 

prices above the maximum. 

4. Less than maximum prices. 

article ii—maximum prices 

6. Maximum prices for sales at wholesale 
and retail of new or rebuilt parts hav¬ 
ing resale list prices which the sup¬ 
plier has stated to be the maximum 
prices for resellers. 


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

1 8 F.R. 3096, 3849, 4347, 4486, 4724, 4978, 
4848, 6047, 6962, 8511, 9025. 


Sec. 

6. Maximum prices for sales at wholesale 

and at retail of all used parts and of 
new and rebuilt parts which do not 
have resale list prices which the sup¬ 
plier has stated to be the maximum 
prices for resellers. 

7. Maximum prices for sales at wholesale 

and retail of parts priced under Sec¬ 
tion 6 the manufacturer’s maximum 
prices for which are increased after 
September 1, 1943, In accordance with 
Maximum Price Regulation No. 452. 

ARTICLE in—MISCELLANEOUS 

8. Federal and State taxes. 

9. Telephone, telegraph, and express or par¬ 

cel post charges. 

10. Sales slips and receipts. 

11. Petitions for amendment. 

12. Transfer of business or stock In trade. 

13. Records. 

14. Evasion. 

15. Licensing. 

16. Enforcement. 

17. Definitions. 

Appendices A and B 

Article I—Scope of Regulation and Pro¬ 
hibition 

Section 1. To what transactions, per¬ 
sons , commodities and geographical area 
this regulation applies —(a) Transac¬ 
tions. This regulation applies to all sales 
by wholesalers and retailers of new, re¬ 
built and used automotive parts made 
in the 48 states of the United States or 
the District of Columbia. 

(b) Persons . The regulation applies 
to all persons who sell at wholesale or 
retail the automotive parts subject to the 
regulation and to all persons who pur¬ 
chase such parts in the course of trade 
or business. 

(c) Commodities. The regulation cov¬ 
ers all new, rebuilt and used automotive 
parts. 

(1) Automotive p a r t s. Automotive 
parts as used in the regulation mean all 
engine parts, body parts, chassis parts, 
motors, electrical equipment and wheels, 
and all other component parts and sub- 
assemblies, of automobiles, trucks, busses, 
trailers, semi-trailers and motorcycles, 
and all accessories and optional, extra 
and special equipment designed for use 
on, or with, such motor vehicles, when 
in such form as to permit their use only 
as automotive parts, but do not mean any 
service or maintenance accessories such 
as anti-freeze, body polish, tools, etc., or 
tires, tubes, storage batteries, glass, or 
any parts, subassemblies or accessories 
specially designed for use in vehicles 
built primarily for military purposes, al¬ 
though parts, subassemblies or accesso¬ 
ries originally designed for use in private 
or commercial motor vehicles but which 
are used both in military and private or 
commercial motor vehicles are consid¬ 
ered as automotive parts. Illustrative 
lists of automotive parts covered by the 
regulation and parts not covered by the 
regulation are attached as Appendices A 
and B. 

(d) Geographical area . The regula¬ 
tion applies to the 48 states of the United 
States and the District of Columbia, but 
not to the territories and possessions of 
the United States. 

Sec. 2. Relation of this regulation to 
other regulations —(a) In general. The 












FEDERAL REGISTER, Saturday , August 21, 1943 


11583 


transactions, persons, and commodities 
subject to this Maximum Price Regula¬ 
tion No. 453 on and after its effective 
date shall not be subject to the General 
Maximum Price Regulation or any other 
regulation issued by the Office of Price 
Administration in so far as this Maxi¬ 
mum Price Regulation No. 453 affects 
such transactions, persons and commod¬ 
ities. 

(b) Sales of parts in connection with a 
service. The m^jcimum prices for sales 
of parts in connection with a service, 
such as automobile repair work, shall be 
determined in accordance with Maxi¬ 
mum Price Regulation No. 165—Services. 

(c) Sales for export. The maximum 
prices for sales for export of parts shall 
be determined in accordance with the 
provisions of the Second Revised Maxi¬ 
mum Price Regulation.’ 

(d) Imports. The provisions of this 
regulation do not apply to the sale, pur¬ 
chase or delivery of a part which is not 
manufactured in, but is imported into, 
the continental United States or the 
District of Columbia. Such a sale, pur¬ 
chase or delivery is governed by the pro¬ 
visions of the General Maximum Price 
Regulation and especially Revised Sup¬ 
plementary Regulation No. 12. 

Sec. 3. Prohibition against dealing in 
parts at prices above the maximum. On 
and after September 2, 1943, regardless 
of any contract or other obligation, 

(a) No wholesaler or retailer shall sell 
or deliver any part at a price higher than 
the maximum price permitted by the 
regulation; 

(b) No person in the course of trade 
or business shall buy or receive any part 
from a wholesaler or retailer at a price 
higher than the maximum price per¬ 
mitted by the regulation, but if he. the 
purchaser, has received from the whole¬ 
saler or retailer a written statement that 
the price charged is not in excess of the 
maximum price, and has no knowledge to 
the contrary, he shall be deemed to have 
complied with this paragraph; 

(c) No person shall agree, offer, or at¬ 
tempt to do any of the acts prohibited 
in paragraphs (a) and (b) of this sec¬ 
tion. 

Sec. 4. Less than maximum prices. 
Nothing in this regulation prevents the 
charging or paying of prices lower than 
those established by this regulation. 

Article II—Maximum Prices 

Sec. 5. Maximum prices for sales at 
wholesale and retail of new or rebuilt 
parts having resale list prices which the 
supplier has stated to be the maximum 
prices for resellers —(a) Maximum prices 
for sales at wholesale. Manufacturers 
of parts are told in Maximum Price Reg¬ 
ulation No. 452 —Manufacturers’ Maxi¬ 
mum Prices for Automotive Parts, under 
what conditions they must furnish copies 
of their suggested resale price lists to 
their customers. When manufacturers 
must do so, they are required to notify 
their customers that their resale list 
prices are maximum prices for wholesal¬ 
ers and retailers and that higher prices 
must not be charged. Resale list prices 
for new or rebuilt parts stated in a writ- 


’ 8 P R. 4132, 5987, 7662. 


ten notice from a manufacturer to a 
wholesaler to be the maximum prices 
for sales by the wholesaler of parts sup¬ 
plied by that manufacturer are the max¬ 
imum prices which that wholesaler may 
charge for such parts. 

(b) Notice by wholesalers to retailers 
or other wholesalers of maximum retail 
prices and maximum prices for whole¬ 
salers purchasing from other whole¬ 
salers After a wholesaler has received 
written notice from a manufacturer that 
the manufacturer’s resale list prices for 
new or rebuilt parts are the maximum 
prices for resale, the wholesaler shall 
state the manufacturer’s resale list prices 
for sales at retail on all invoices to re¬ 
tailers for any such parts, together with 
the statement that such prices are the 
retailer’s maximum prices for such parts. 
As to sales of such parts to other whole¬ 
salers, a wholesaler shall state on the 
invoice both the maximum price for sales 
by wholesalers to retailers and for sales 
by retailers. A wholesaler who has pur¬ 
chased parts from another wholesaler 
and who has been notified on his in¬ 
voice as to what is the maximum price 
for sales at retail shall notify retailers 
to whom he sells such parts that such 
price is their maximum selling price. 
His own maximum selling price for a sale 
to a retailer is the price stated to be his 
maximum price in the invoice to him. 
His maximum selling price if he should 
sell to another wholesaler is the manu¬ 
facturer's resale list price for such a sale. 

(c) Maximum prices for sales at retail. 
Resale list prices for new or rebuilt parts 
stated in writing by a manufacturer or 
wholesaler to be the maximum prices for 
sales by a retailer of parts supplied by 
the manufacturer or wholesaler, are the 
maximum prices which that retailer may 
charge for such parts. 

(d) Distinction between new and re¬ 
built parts. A resale list price to be used 
as the maximum price under this sec¬ 
tion must be applicable to the particular 
part being priced. For example, to be 
used as the maximum price for a rebuilt 
part, the resale list price must be a re¬ 
sale list price suggested for a rebuilt part 
and may not be a price suggested for the 
part only if new. 

Sec. 6. Maximum prices for sales at 
wholesale and at retail of all used parts 
and of new and rebuilt parts which do 
not have resale list prices which the sup¬ 
plier has stated to be the maximum 
prices for resellers. Maximum prices for 
sales at wholesale and at retail of all 
used parts and of new and rebuilt parts 
which do not have resale list prices 
which the supplier has stated to be the 
maximum prices for resellers, shall be 
established in accordance with the first 
applicable of the following paragraphs: 

(a) Parts sold or offered for sale by the 
wholesaler or retailer during March , 
1942. The maximum price a wholesaler 
or retailer may charge for a part sold 
or offered for sale during March, 1942, 
but for which he cannot determine his 
maximum selling price under Section 5, 
shall be the highest price he charged 
for such a part during March, 1942. 

(1) Highest price charged during 
March, 1942 shall be: (i) Highest price 
charged by a wholesaler or retailer dur¬ 


ing March. 1942 shall be the highest 
price at which he sold the part during 
that month to a purchaser of the same 
class; or 

(U) If he did not sell the part during 
March, 1942 to the same class of pur¬ 
chaser, his highest offering price for the 
same part during that month to a pur¬ 
chaser of the same class; or 

(iii) If he did not sell or offer to sell 
the part to a purchaser of the same class 
during March, 1942, the highest price 
charged by him during March. 1942 to 
a purchaser of a different class adjusted 
to reflect his customary differential be¬ 
tween the two classes of purchasers. 

(b) Parts not sold or offered for sale 
by the wholesaler or retailer during 
March , 1942. The maximum price a 
wholesaler or retailer may charge for a 
part which he did not sell or offer for 
sale during March, 1942 and which can¬ 
not be priced under section 5, shall be a 
price determined by adding to the net 
invoice cost, (not to exceed the applica- 
able manufacturer’s maximum price of 
such a part), the percentage mark-up 
the wholesaler or retailer added during 
March, 1942 to the net invoice cost of 
the part of the same type, the invoice 
cost of which is nearest to the invoice 
cost of the part being priced. Examples 
of types for the purpose of this regula¬ 
tion are engine parts, carburetor parts, 
electrical parts, etc. 

(c) Maximum prices lor parts for 
which maximum prices cannot be other¬ 
wise determined. The maximum price 
for a part for which a maximum price 
cannot be determined either under sec¬ 
tion 5 or paragraph (a) or (b) of this 
section shall be a price determined by 
the wholesaler or retailer after specific 
authorization from the Office of Price 
Administration. A wholesaler or re¬ 
tailer who seeks an authorization to de¬ 
termine a maximum price under the 
provisions of this section shall file with 
the Office of Price Administration, Wash¬ 
ington, D. C., an application setting forth 

(a) a description of the part or parts 
for which a maximum price is sought; 

(b) a statement of the reasons why such 
a part or parts cannot be priced under 
section 5 or paragraph (a) or (b) of this 
section; and (c) any other facts which 
the wholesaler or retailer wishes to sub¬ 
mit in support of the application. The 
wholesaler or retailer shall also submit 
such additional pertinent information as 
the Office of Price Administration may 
require. Such authorization will be 
given in the form of an order prescrib¬ 
ing a method of determining the maxi¬ 
mum price# 

Sec. 7. Maximum prices for sales at 
wholesale and retail of parts priced under 
section 6 the manufacturer’s maximum 
prices for which are increased or de¬ 
creased after September 1, 1943 in 
accordance with Maximum Price Regu¬ 
lation No. 452. The maximum price for 
the sale by a wholesaler or retailer of a 
part priced under section 6, the manu¬ 
facturer’s maximum price for which is 
increased or decreased after September 
1, 1943 in accordance with Maximum 
Price Regulation No. 452—Manufactur¬ 
ers' Maximum Prices for Automotive 
Parts, shall be determined as follows: 








11584 


FEDERAL REGISTER, Saturday, August 21, 1943 


The wholesaler or retailer shall multiply 
his previous maximum price for the sale 
of the part to a purchaser of the same 
class by a percentage to be determined 
by dividing the present price for the part 
in effect to him from his supplier by the 
price in effect to him prior to the increase 
or decrease in the manufacturer’s maxi¬ 
mum price. 

Article 111—Miscellaneous 

Sec. 8 . Federal and State Taxes . Any 
tax upon, or incident to, the sale, de¬ 
livery, transportation or use of a part 
imposed by any statute of the United 
States or statute or ordinance of any 
State or subdivision thereof, shall be 
treated as follows in determining the 
wholesaler’s or retailer’s maximum price 
for the part and in preparing his records 
with respect thereto: 

(a) A tax in effect on March 31, 1942. 
(1) If the wholesaler or retailer paid 
such tax, or if the tax was paid by any 
of his suppliers, even though the amount 
thereof was separately stated and col¬ 
lected from the wholesaler or retailer, 
but the wholesaler or retailer did not 
customarily state and collect separately 
during March, 1942, the amount of the 
tax paid by him or tax reimbursement 
collected from him by his supplier, the 
wholesaler or retailer may not collect 
such amount in addition to his maximum 
price. 

(2) If, at the time the wholesaler or 
retailer determines his maximum price, 
the statute or ordinance imposing such 
tax does not prohibit him from stating 
and collecting the tax separately from 
his selling price and he did state it sep¬ 
arately during March, 1942, he 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 the tax paid by any of his suppliers 
and separately stated and collected from 
him by the supplier from whom he pur¬ 
chased the part, but the dealer shall 
not include such amount in the maximum 
price. 

(b) A tax placed in effect after March 
31, 1942. As to a tax or an increase in 
a tax placed in effect after March 31, 
1942, if the statute or ordinance imposing 
such tax or increase does not prohibit the 
wholesaler or retailer from stating or 
collecting the tax separately from his 
selling price and he separately states the 
tax, he may collect, in addition to his 
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 of his prior suppliers and sep¬ 
arately stated and collected* from him 
by the supplier from whom he purchased. 

(c) A tax on the transportation of 
parts imposed by section 620 of the In¬ 
ternal Revenue Act of 1942 shall, for 
purposes of determining the applicable 
maximum price, be treated as a cost of 
transportation. It shall not be treated 
as a tax for which a charge may be made 
in addition to the maximum price. 

Sec. 9. Telephone, telegraph , and ex - 
press or parcel post charges. There may 
be added to the maximum price estab¬ 
lished by this regulation, the cost of any 
long-distance telephone calls, or tele¬ 


grams, or express or parcel post charges 
where such expenses have been incurred 
at the request of the purchaser in order 
to expedite a particular order, but the 
amount of these extra expenses shall be 
separately stated to the purchaser. 

Sec. 10. Sales slips and receipts. Any 
wholesaler or retailer who has custom¬ 
arily given purchasers sales slips, re¬ 
ceipts. or similar evidence of purchases 
shall continue to do so. Upon request 
from a purchaser, a wholesaler or re¬ 
tailer, regardless of previous custom, 
shall give the purchaser a receipt show¬ 
ing the date, name and address of the 
wholesaler or retailer, a description of 
each automotive part sold and the price 
received for each part. 

Sec. 11. Petitions for amendment. 
Any person seeking an amendment of 
this regulation may file a petition for 
amendment in accordance with Revised 
Procedural Regulation No. 1* There 
shall be filed with such petition all rel¬ 
evant data showing the need for the 
amendment and that it would conform 
to the policy of this regulation and to the 
Emergency Price Control Act of 1942, as 
amended, to control inflation. 

Sec. 12. Transfer of business or stock 
in trade. If the business assets or stock 
in trade of any business are sold or 
otherwise transferred after September 1, 
1943, and the transferee carries on the 
business or continues to deal in the same 
type of parts, in the same competitive 
area and in an establishment separate 
from any establishment which he may 
previously have owned or operated, the 
transferee shall be subject to the same 
maximum prices as those to which his 
transferor w r ould have been subject un¬ 
der this regulation if no such transfer 
had taken place, and his obligation to 
keep records sufficient to verify such 
prices shall be the same. The transferor 
in such cases shall either preserve and 
make available, or turn over, to the 
transferee all records of transactions 
prior to the transfer which are necessary 
to enable the transferee to comply with 
the provisions of this regulation. 

Sec. 13. Records. Every wholesaler or 
retailer who sells a part subject to the 
maximum prices established by this reg¬ 
ulation shall preserve for examination, 
for so long as the Emergency Price Con¬ 
trol Act of 1942, as amended, shall re¬ 
main in effect, the following records: 

(a) Base period records. (1) The 
wholesaler or retailer shall preserve for 
examination by the Office of Price Ad¬ 
ministration all his existing records re¬ 
lating to the prices which he charged 
for the parts he delivered or supplied on 
March 31, 1942, and his offering prices 
for delivery or supply of such parts on 
that date. 

(2) The wholesaler or retailer shall 
prepare, if he has not already done so, 
and thereafter shall keep for examina¬ 
tion by any person during ordinary busi¬ 
ness hours, a statement showing: 

(i) The highest price which he charged 
for the parts he delivered or supplied on 
March 31, 1942 and his offering prices 
for delivery or supply of such parts on 


• 7 F.R. 8961, 8 FR. 3313, 3533, 6173. 


that date, together with an appropriate 
description or identification of each part. 

(ii) All his customary allowances, dis¬ 
counts, and other price differentials. 

(b) Current records —(1) Notifications 
of maximum prices. Wholesalers and 
retailers shall keep all notifications of 
the maximum prices of parts which may 
be charged by them. 

(2) Customary records. The whole¬ 
saler or retailer who sells a part subject 
to this regulation shaM keep, and make 
available for examination by the Office 
of Price Administration, records of the 
same kind as he has customarily kept, 
relating to the prices which he charged 
for the parts he sells after the effective 
date of this regulation; and, in addi¬ 
tion, records showing, as precisely as 
possible, the basis upon which he de¬ 
termined maximum prices for such parts. 

Sec. 14. Evasion. The price limita¬ 
tions set forth in this regulation shall 
not be evaded (a) by reducing the period 
of any guaranty or warranty of per¬ 
formance; (b) by reducing discounts, 
exchange values, or other concessions 
to any purchaser; (c) except in those 
cases in which it was customary to sell 
them only in connection with a service, 
by refusing to sell parts separately; (d) 
by requiring the purchaser to buy other 
commodities or to perform any act as a 
condition of the sale of the part; (e) by 
requiring the purchaser to bear any 
greater proportion of transportation 
costs than he bore on March 31,1942, or, 
when applicable, which are permissible in 
connection with any resale list price 
established as a maximum price in ac¬ 
cordance with this regulation; or (f) 
by effecting any other hidden or indirect 
price increase above the applicable maxi¬ 
mum price. 

Sec. 15. Licensing — (a) License re¬ 
quired. A license as a condition of sell¬ 
ing is hereby required of every whole¬ 
saler or retailer now or hereafter selling 
any part for which a maximum price is 
established by this regulation. No per¬ 
son w r hose license is suspended shall sell 
any part during the period of suspension. 

(b) License granted. Every person re¬ 
quired to be licensed pursuant to para¬ 
graph (a) of this section is, by this sec¬ 
tion, granted a license as a condition of 
selling any part. The provisions of this 
regulation, and any amendments there¬ 
to, shall be deemed to be incorporated 
in the license hereby granted, and any 
violation of any provision so incorpo¬ 
rated shall be a violation of said license. 
Such license shall be effective on Sep¬ 
tember 2, 1943, the effective date of this 
regulation, or whenever any person be¬ 
comes subject to the provisions of the 
regulation, and shall, unless suspended 
in accordance with the provisions of the 
Emergency Price Control Act of 1942, as 
amended, continue in force so long as, 
and to the extent that, this regulation 
or any amendment or supplement there¬ 
to remains in effect. 

Sec. 16. Enforcement. Persons violat¬ 
ing any provisions of this regulation are 
subject to the criminal penalties, civil 
enforcement actions, proceedings for 
suspension of licenses, and suits for 
treble damages provided for by the 








FEDERAL REGISTER, Saturday, August 21, 1943 


11585 


Emergency Price Control Act of 1942, as 
amended. 

Sec. 17. Definitions. When used in 
tliis regulation the term: 

(a) “Manufacturer” means a regular 
producer of new automotive parts, as 
defined in section 21 of Maximum Price 
Regulation No. 452, a rebuilder of used 
automotive parts, or any person who sells 
automotive parts under his own trade 
name. 

(b) “New part” means a part which 
has not been previously used. 

(c) “Person” means an individual, 
corporation, partnership, association, or 
any other organized group; their legal 
successors or representatives; the United 
States, or any government, or any of its 
subdivisions; or any agency of any of 
the foregoing. 

(d) “Rebuilt part” means a part 
which has been previously used, in which 
ail defective, worn or missing compo¬ 
nents needing replacement or repair for 
satisfactory operation have been re¬ 
placed or repaired, and which is guar¬ 
anteed by an automotive part rebuilder 
to be rebuilt or equivalent to rebuilt and 
to render satisfactory service. 

(e) “Resale list price” means the price 
suggested by the manufacturer of an 
automotive part in a price list or price 
sheet issued to the trade as the price 
to be charged by the person reselling 
it. Adjustment must be made for all 
applicable extra charges, discounts or 
allowances for sales to a purchaser of 
the same class in figuring the list price. 

(f) “Sale at retail” means any sale 
to a purchaser for use and not for re¬ 
sale, and includes sales made by garages 
when to a purchaser for use. For the 
purposes of this regulation each store 
of a chain store organization or each 
sales outlet of any other retail organiza¬ 
tion shall be regarded as a separate 
seller, except that notice to the organi¬ 
zation under section 5 will be considered 
notice to each sales outlet. 

(g) “Sale at wholesale” means any 
sale other than a sale at retail and other 
than a sale made by the manufacturer 
of the part. For the purposes of this 
regulation each sales outlet of any 
wholesale organization shall be regarded 
as a separate seller, except that notice 
to the organization under section 5 will 
be considered notice to each sales outlet. 

(h) “Used part” means a part which 
has been previously used but which is 
not a rebuilt part as defined in para¬ 
graph (d) above. 

Appendix A—Automotive Parts and Subas¬ 
semblies Covered by This Regulation 

1. Chassis parts and actuating mechanism. 
Including frame, torque members and other 
parts used to promote rigidity or strength, in¬ 
cluding chassis convertors and trailer.run¬ 
ning gears. 

2. Springs, standard helper and auxiliary, 
including parts thereof and all attaching 

parts. 

3. Shock absorbers and parts thereof, in¬ 
cluding attaching parts. 

4. Axles. 

(a) Front axle, conventional and front 
wheel drive, and all parts thereof, including 
bearings, housing, actuating mechanism and 
spring seats, connecting and attaching parts. 

(b) Rear axle, conventional, auxiliary and 
conversion, and all parts thereof, including 


bearings, actuating mechanism, spring seats, 
connecting and attaching parts. 

6. Wheels and associated parts and parts 
thereof, and attaching parts, including rims, 
hubs, hub caps, drums, lugs, and bearings. 
Also wheel trim sets, discs and shields. 

6. Steering mechanism, housing and parts 
thereof, including steering wheel with con¬ 
necting and attaching parts, king pins and 
king pin bushings, shims, and attaching 
parts, steering bearings, and steering balis, 
stabilizing equipment. 

7. Internal combustion engines and parts 
thereof. Including actuating mechanism, 
cylinder head, attaching and connecting 
parts, cylinder block, pistons and parts there¬ 
of, connecting rods and attaching parts 
thereof, cylinder sleeves (wet and dry), tim¬ 
ing gears, timing chain, distributor, includ¬ 
ing shaft gears, bushings and their connect¬ 
ing and attaching parts, tappets, plungers, 
valves, valve parts and their actuating mech¬ 
anism, air pumps, fan and parts thereof, 
crank case and enclosed parts, crankshaft 
bearings, oil level indicator, fly wheel with 
connecting parts, shims and gaskets. 

8. Fuel system and parts thereof, includ¬ 
ing the actuating mechanism, gas tank, aux¬ 
iliary gas tank, vacuum tank and parts 
thereof, air Alter, carburetor and parts 
thereof. Also fuel pipes, check valves, mani¬ 
folds and pressure pumps. 

9. Motor exhaust systems, extensions and 
parts thereof, including manifold exhaust 
pipe, muffler and parts and connecting parts 
thereof. 

10. Ignition system and parts thereof (ex¬ 
cept batteries), including ignition switch, 
generator and parts thereof, with connecting 
and attaching parts thereof, distributors and 
parts thereof, including connecting and at¬ 
taching parts, spark plugs and parts thereof, 
ignition wiring harness, ignition coil, relay 
or cut-out. fuses, automatic spark control 
systems. 

11. Temperature control system and parts 
thereof, Including hose connections, radia¬ 
tor. radiator covers, screens, shutters, fronts 
and guards and parts thereof with their con¬ 
necting and attaching parts, radiator grills, 
circulating pumps and parts thereof, ther¬ 
mostat and parts thereof. 

12. Clutch mechanism and parts thereof. 
Including clutch cover, bearings, facings, 
shafts, and pedals. 

13. Transmission, standard auxiliary, over¬ 
drive and fourth speed, with the actuating 
mechanism thereof, including housing, fluid 
and vacuumatic transmissions with the parts 
thereof, bearings, gears, shift levers, speedom¬ 
eter drive. 

14. Differential, standard and auxiliary 
with the actuating mechanism and parts 
thereof, Including pinion and ring gears, 
and housings. 

15. Drive shaft with the connecting actuat¬ 
ing parts thereof, including bushings and 
universal Joints. 

16 Brake system, all types with actuating 
mechanism and parts thereof, including foot 
and hand brake levers, brake shoes, toggle 
Joinings, pull rods, shafts, equalizers, springs, 
cylinders, tubes, tanks, and reserve tanks for 
fluid. 

17. Lubrication system and parts thereof. 
Including oil pumps and parts thereof, in¬ 
cluding connecting and attaching parts, filler 
and level plugs, grease cups, oil cleaners, in¬ 
dividual fittings and parts thereof, central 
shot system and parts thereof. 

18. Bolts, nuts, screws and rivets as de¬ 
fined in Maximum Price Regulation 147 either 
when specially packaged and sold as automo¬ 
tive parts by manufacturers of automotive 
parts or sold as replacement parts by manu¬ 
facturers of motor vehicles or of assemblies 
designed for use only as automotive parts or 
accessories. 

19. Hood, fenders, running boards, cowl¬ 
ing and connecting and attaching parts 


thereof, including dual wheel fenders and • 
fender splash guards. 

20. Starting system and parts thereof, ac¬ 
tuating mechanism, Including starter, motor 
starter, wiring harness, switches, starting 
pedal rods, with the connecting and attaching 
parts. 

21. Signal devices and parts thereof, in¬ 
cluding the actuating mechanism, buttons, 
and switches, horns, and buzzers, including 
connecting and attaching parts and wire 
harness, directional signals. 

22. Lighting system and parts thereof, in¬ 
cluding switches and wire harness, lamps 
and posts, including auxiliary lighting equip¬ 
ment (except bulbs), resistance coils and 
parts thereof. Also beam headlights, fog, 
spot, trunk, fender, step and running or iden¬ 
tification lighting equipment. 

23. Electrical gauges and control equip¬ 
ment and parts thereof, including gasoline 
gauges, heat Indicator, ammeter and other 
miscellaneous electrical gauges. 

24. Mechanical equipment gauges, hydrau¬ 
lic or otherwise, including the instrument 
panel and with its connecting and attaching 
parts, gas tank gauges, water temperature 
gauges, oil circulation gauges, oil pressure 
indicator and other miscellaneous gauges. 

25. Control equipment and parts thereof, 
including acceleration mechanism, choker 
rods, governors and parts thereof, windshield 
wiper control and attaching parts, carburetor 
heat contrbl, speedometers and parts thereof. 

26. Bumpers and bumper stops, guards, 
wings, and their connecting and attaching 
parts. 

27. Bodies, cab3 and component parts 
thereof, bodies designed exclusively for com¬ 
mercial vehicles and busses, including the 
attaching parts, but excepting glass and 
upholstery. 

28. Rear view mirrors. 

29. Body fittings and attachments, In¬ 
cluding wind lace or weather strip, cowl 
boards, sun visors, floor boards, foot rails, 
body hardware. 

30. Miscellaneous auxiliaries. Including 
running board plates, running board mold¬ 
ing, spare tire locks, license plate frames, 
cigar lighter, etc. 

31. Tourist trailer parts including trailer 
legs, hitches, coupling devices and running 
gears. 

32. Parts for commercial motor vehicle 
trailers, tractors, including third axle at¬ 
tachments and auxiliary wheel units. 

33. Portable power units including power 
take-offs, truck cranes, winches, transmis¬ 
sion derricks, truck hoists, and compressors 
auto driven. 

34. Reground crankshafts, rebored cylin¬ 
ders, repaired and rebuilt generators and 
starters and motors; relined brake shoes: 
overhauled and reconditioned carburetors, 
rebabbitted connecting rods, realigned main 
bearings, trued brake drums, rebuilt clutches, 
resurfaced cylinder heads, and refaced valves. 

35. Motorcycle drive chains. 

36. Motorcycle dispatch, tow, traffic, side, 
and service cars and their parts, accessories 
and subassemblies. 

Appendix B— Automotive Parts, Subassem¬ 
blies. and Accessories Excluded From This 

Regulation 

1. Batteries and battery separators. 

2. Electric light bulbs, flares, flashlights. 

3. Glass. 

4. Goggles, riding belts, saddle bags and 
splashers, leg shields and windshields for mo¬ 
torcycles. 

5. Rugs, carpets, fabrics, leather and mo¬ 
hair upholstery. 

6. Bicycle accessories and parts. 

7. Hoists, winches, derricks, and cranes not 
classified as automotive power units or auto 
driven. 

8. Tire or car theft alarms including truck 
burglar alarms. 










11586 


FEDERAL REGISTER, Saturday , August 21, 1943 


9. Luggage and baggage racks, roof rails, 
and coat rails. 

10. Radios, radio aerials and controls. 

11. Tires, tubes, tire covers and tire repair 
material including patches. 

12. Automotive fabrics Including cloth, 
fibre or leather seat covers. 

13. Signs or Insignia attachments includ¬ 
ing decalcomanias. 

14. Automotive mechanical and electrical 
testing and maintenance equipment and sup¬ 
plies Including but not limited to: 

Garage equipment. 

Small tools. 

Expendable tools. 

Tire gauges. 

Chemical compounds. 

Air pumps—hand or mechanical. 

Lubricants and greases. 

Brake fluids. 

Anti-freeze solutions. 

Rags. 

Polishes. 

Waxes. 

15. Clocks, mileage clocks and movement 
recorders other than speedometers. 

16. Castings, forgings or blanks before ma¬ 
chining. threading or stamping operations 
have progressed to the point where they can 
be identified as automotive parts. 

17. Farm machine equipment or parts and 
subassemblies especially designed or manu¬ 
factured for farm equipment. 

18. Road building equipment or parts and 
subassemblies especially designed or manu¬ 
factured for road building equipment. 

19. Marine engines or parts thereof when 
such engines or parts are especially designed 
for marine engines. 

20. The following types of accessories: 

Shades. 

Screens. 

Valances. 

De-gassers. 

Vents. 

Ventilators. 

Traction sanders. 

Automatic doors. 

Tarpaulins. 

Fare boxes. 

Fire hose. 

Registering machines. 

Fire extinguishers. 

Skid chains, adjusters and links. 

Sun visors and shields. 

Cigarette lighters and ash receivers. 

Hat holders. 

Tissue dispensers. 

Auto umbrellas. 

Refrigeration and air conditioning equip¬ 
ment. 

Rubber horn bulbs, floor mats and topping. 

Air cushions, mattresses, pillows, and bed 
conversions. 

21. Bolts, nuts, screws and rivets as defined 
In Maximum Price Regulation 147 except 
those included in Item 18 of Appendix A. 

22. Rubber and rubber products not listed 
on automotive parts, accessories or sub- 
assemblies price lists. 

Effective date. This regulation shall 
become effective September 2, 1943. 

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

Issued this 19th day of August 1943. 

Chester Bowles, 

Acting Administrator . 

IF. R. Doc. 43-13576: Filed. August 19. 1943; 

4:26 p. m.J 


Part 1432— Rationing of Consumers’ Durable Goods 
[RO 9A, Supp. 11 

stoves 

§ 1432.69 Supplement to Ration Order 9A. The following supplement to Ration 
Order 9A, which is annexed to and made a part of § 1432.68, is hereby issued: 

(a) Table I. The table, referred to in section 3.7 <b> of Ration Order 9A, which 
is to be used in determining allowable inventories for dealers and distributors, is as 
follows: 





Reported sales (1911 or 1942) 



Allowable 
inventory 
(to be as 
Signed on 
basis of 
figures in 
applicable 
sales 
column) 

Allowable inventory 
(to be aligned on 

Heating stoves of following types 

Cooking stoves of following types 

basis of figures in 
applicable sales 
column) 

Coal or 
wood 

Oil (in 
emergency 
off shortage 
area) 

Oil (other 
than in 
emergency 
oil shortage 
nrea) 

Cos 

Cool or 
wood 

Oil 

Gas 

1. 

1-2 

1-14 

1-7 

1-7 

1-4 

1-7 

1-14 

1 

2 

2. 

3-8 

15-44 

8-22 

8-22 

6-14 

8-22 

15-41 

3. 

0-10 

45-82 

23-41 

23-41 

15-27 

23-41 

45-82 

$ 


17-24 

83-127 

42-63 

42-63 

28-42 

42-03 

83-127 

4 

6 . 

25-32 

128-164 

64-82 

64-82 

43-54 

64-82 

128-164 

6 

o. 

33-38 

165-194 

83-97 

83-97 

55-64 

83-97 

165-194 

o 

7. 

39-44 

195-224 

96-112 

1*8-112 

65-74 

98-112 

195*224 

7 

H.. 

45-50 

225-254 

113-127 

113-127 

75-84 

113-127 

225-254 

8 


51-56 

255-284 

128-142 

128-142 

85-94 

128-142 

255-284 

Q 

10. 

57-62 

285-314 

143-157 

143-157 

95-104 

143-157 

285-314 

10 

11 . 

63-68 

315-344 

158-172 

158-172 

105-114 

158-172 

315-344 

)1 

12.. 

69-74 

345-374 

173-187 

173-187 

115-124 

173-187 

345-374 

12 

13. 

75-80 

375-404 

188-202 

188-202 

125-134 

188-202 

375-404 


14. 

81-86 

405-434 

203-217 

203-217 

135-144 

203-217 

405-434 

14 

15 . 

16 . 

87-92 

93-98 

435-464 

465-194 

218-232 

233-247 

218*232 

233-247 

145-154 

155-164 

218-232 

233-247 

435-464 

465-494 

495-524 

15 

16 
17 

17 . 

99-104 

495-524 

248-262 

248-262 

165-174 

248-262 

IS.. 

105-110 

525-554 

263-277 

263-277 

175-184 

263-277 

525-554 

IB- 

10. 

111-110 

555-584 

278-292 

278-292 

185-194 

278-292 

555-584 

19 

20. 

117-122 

585-614 

293-307 

293-307 

195-204 

293-307 

585-614 

20 

21. 

123-128 

615-644 

308-322 

308-322 

205-214 

308-322 

015-644 

21 

22. 

129-134 

645-674 

323-337 

323-337 

215-224 

323-337 

645-674 

22 

28. 

135-140 

675-704 

338-352 

338-352 

225-234 

338-352 

675-704 

23 

24. 

141-146 

705-734 

353-367 

353-367 

235-244 

353-367 

705-734 

24 

25 . 

147-152 

735-761 

368-382 

368-382 

245-254 

368-382 

735-764 

25 

20. 

153-158 

765-794 

383-397 

381-397 

255-264 

383-397 

765-794 

20 

27 . 

159-104 

795-824 

398-412 

396-412 

265-274 

398-412 

795-824 

27 

28 . 

165-170 

825-854 

413-427 

413-427 

275-284 

413-427 

825-854 

28 

2y. 

171-176 

855-884 

428-442 

428-442 

285-294 

428-442 

855-884 

29 

30 . 

177-182 

885-914 

443-457 

•143*457 

295-304 

■\u 157 

885-914 

30 

31 . . 

183-188 

915-944 

458-472 

458-472 

305-314 

458-472 

015-944 

31 

32 . 

189-194 

945-974 

473-487 

473-487 

315-324 

473-487 

945-974 

32 

33 . 

165-200 

975-1004 

488-502 

488-502 

325-334 

488-502 

975-1004 

33 

34 . 

201-206 

1005-1034 

503-517 

503-517 

335-344 

503-517 

1005-1034 

34 

35 . 

207-212 

1035-1064 

618-532 

518-532 

345-354 

518-532 

1035-1004 

35 

36 . 

213-218 

1005-1094 

533-547 

533-547 

355-364 

533-517 

1065-1094 

36 

37 . 

219-224 

1095-1124 

548-562 

54$*-562 

305-374 

548-562 

1095-1124 

37 

38. . 

225-230 

1125-1154 

563-577 

563-577 

375-384 

503-577 

1125-1154 

as 

39 . 

231-236 

1155-1184 

578-592 

578-592 

385-394 

578-592 

1155-1184 

39 

40 . 

237-242 

1185-1214 

593-607 

593-607 

395-404 

593-06? 

1185-1214 

4*1 

41 . 

243-248 

1215-1244 

•608-622 

608-622 

405-414 

608-622 

1215-1244 

41 

42 . .... 

249-254 

1245-1274 

623-637 

623-4*37 

415-424 

023-637 

1245-1274 

42 

43 ... 

255-260 

1275-1304 

638-052 

638^652 

125-424 

038-652 

1275-1304 

43 

44 . 

261-266 

1305-1334 

653-667 

653-667 

435-444 

653-667 

1305-1334 

44 

45 ... 

267-272 

1335-1364 

668-682 

668-682 

445-454 

668-682 

1335-1364 

45 

40. 

273-278 

1365-1394 

683-697 

683-697 

455-464 

683-697 

1305-1394 

40 

47 . 

279-2S4 

139.5-1424 

098-712 

698-712 

465-474 

098-712 

1395-1424 

47 

48 . 

285-290 

1425-1454 

713-727 

713-727 

475-484 

713-727 

1425-1454 

48 

40 . 

291-290 

1455-1484 

728-742 

728-742 

4S5-494 

728-742 

1455-1484 

49 

50 . 

297-302 

1485-1514 

743-757 

743-757 

495-504 

74.3-757 

1485-1514 

50 

C).-. 

If over 
302 di- 
vide sales 
by 6 

If over 
1514 di¬ 
vide sales 
by 30 

If over 
757 di¬ 
vide sales 
by 15 

If over 
757 di¬ 
vide sales 
by 15 

If over 
504 di¬ 
vide sales 
by 10 

If over 
757 di¬ 
vide sales 
by 15 

If over 
1514 di¬ 
vide sales 
by 30 

C) 


•If fraction amounts to H or more, ft is to bo counted as one stove. 


This supplement shall become effective 
at 12:01 a. m. on August 24, 1943. 

(Pub. Law 671, 76th Cong., as amended 
by Pub. Laws 89, 421, 507 and 729, 77th 
Cong.; E.O. 9125, 7 F.R. 2719; WPB Dir. 
1, 7 F.R. 562, and Supp. Dir. 1-S, 8 FH. 
6018) 

Issued this 19th day of August 1943, 
Chester Bowles, 
Acting Administrator . 

[F. R. Doc. 43-13580; Filed. August 19, 1943; 
3:02 p. m.J 


Part 1351—Food and Food Products 
(Rev. MPR 279J 
HOPS 

Maximum Price Regulation No. 279 is 
redesignated Revised Maximum Price 


Regulation No. 279 and is revised and 
amended as follows: 

In the judgment of the Price Admin¬ 
istrator the maximum prices established 
by this regulation are and will be gen¬ 
erally fair and equitable and will effectu¬ 
ate the purposes of the Emergency Price 
Control Act of 1942, as amended. A state¬ 
ment of the considerations involved in 
the issuance of this regulation has been 
issued and filed with the Division of the 
Federal Register.* 

§ 1351.1451 Maximum prices for hops. 
Under the authority vested in the Price 
Administrator by the Emergency Price 
Control Act of 1942, as amended, and 
Executive Orders Nos. 9250 and 9328, Re- 


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







































































FEDERAL REGISTER, Saturday , August 21, 1943 


11387 


vised Maximum Price Regulation No. 279 
(Hops), which is annexed hereto and 
made a part hereof is hereby issued. 

Authority: $ 1351.1451 issued under Pub. 
Laws 421 and 729. 77th Cong.. E.O. 9250, 7 FE. 
7871. E.O. 9328, 8 P R. 4681. 

Revised Maximum Price Regulation No. 279— 
Hops 

ARTICLE I—EXPLANATION OP THE REGULATION 

Sec. 

1. Purpose of the regulation. 

2. Definitions. 

ARTICLE II—PRICES AND PRICING METHODS 

3. Maximum prices for baled hops. 

4. Maximum prices for packaged hops. 

5. Inability to fix maximum prices. 

6. Discounts, allowances and commissions. 

7. Exempt sales. 

8. Export sales. 

9. Adjustable pricing. 

ARTICLE HI-GENERAL PROVISIONS 

10. Incorporation of the provisions of the 

General Maximum Price Regulation. 

11. Records. 

12. Compliance with the regulation. 

13. Geographical applicabUlty. 

14. Petitions for amendment. 

Article I. Explanation of the Regulation 

Section 1. Purpose of the regulation. 
The purpose of this regulation is to 
establish mr.ximum prices for sales of 
all varieties of Pacific Coast hops. This 
regulation does not apply to sales of hop 
oils, hop concentrates and other hop de¬ 
rivatives. The maximum prices for sales 
of those commodities are governed by the 
General Maximum Price Regulation. 
Sales of lupulin remain exempt from 
price control, and sales of New York State 
hops and packaged hops by sellers at 
retail other than packers are exempted 
from the provisions of this regulation. 

Sec. 2. Definitions. When used in this 
Revised Maximum Price Regulation No. 
279 the terms: 

(a) “Hops” shall mean the dried cones 
(strobiles) of the cultivated varieties of 
hop plants (humulus lupulus). 

(1) “Baled hops” shall mean hops 
compressed in bales containing more 
than 150 pounds dry weight of such hops. 

(2) “Packaged hops” shall mean hops 
packed in containers holding not more 
than one pound dry weight of such hops. 

(3) “Pacific Coast hops” shall mean 
hops produced in the States of Califor¬ 
nia. Idaho, Oregon and Washington. 

(4) “New York State hops” shall mean 
hops produced in the State of New York. 

(5) “Grower” shall mean a person who 
produces hops on a farm or ranch (ex¬ 
cluding grower dealers and grower coop¬ 
eratives) . 

(b) “Dealer” shall mean a person 
whose business customarily includes the 
purchase of hops from growers for resale 
to the brewing trade generally and to 
brewers supply dealers, and who cus¬ 
tomarily maintains a permanent sales 
office and sales personnel for sales of 
hops to the brewing trade generally. The 
term shall not include the brewers sup¬ 
ply dealer, but shall include the follow¬ 
ing: 


(1) “Grower cooperative” which shall 
mean a non-profit organization acting 
on behalf of its grower members and 
selling hops produced by such members 
to brewers supply dealers or to the brew¬ 
ing trade generally; and 

(2) “Grower dealer” which shall mean 
a person whose business includes the 
production of hops on farms and ranches 
and the purchase of hops from other 
growers; whose total annual sales of hops 
customarily include at least 35 percent 
(in pounds dry weight) of hops purchased 
from other growers; who customarily 
sells at least 50 percent (in pounds dry 
weight) of his total annual sales directly 
to brewers; and who customarily main¬ 
tains a permanent sales office and sales 
personnel for sales of hops to the brew¬ 
ing trade generally. 

(c) “Brewers supply dealer” shall 
mean a person who customarily resells 
hops to brewers; who prior to December 
5, 1942 customarily and regularly en¬ 
gaged in the business of selling hops, di¬ 
verse equipment, supplies or services to 
brewers; and whose annual sales of hops 
to brewers do not exceed 10 percent of 
his total annual sales of all commodities 
and services to brewers. 

(d) “Packer” shall mean a person who 
packs hops in packages containing not 
more than one pound dry weight of such 
hops and shall include sellers of pack¬ 
aged hops which are packaged by a per¬ 
son to whom the seller supplies the hops 
for packaging. 

Article II. Prices and pricing methods 

Sec. 3. Maximum prices for baled 
hops —(a) The maximum prices for sales 
of Pacific Coast baled seeded and seed¬ 
less hops grown prior to the 1942 crop 
* shall be as follows: 

(1) Growers' maximum prices. The 
grower’s maximum price for sales of such 
hops shall be 43 cents per pound, f. o. b. 
grower’s farm, warehouse or place of 
business. 

(2) Dealers' maximum prices. The 
dealer’s maximum price for sales of such 
hops shall be 51 cents per pound, f. o. b. 
Pacific Coast shipping point. 

(3) Brewers supply dealers' maximum 
prices. The brewers supply dealer’s 
maximum price for sales of such hops 
shall be 58 cents per pound, f. o. b. 
brewers supply dealer’s local warehouse 
or place of business. 

(4) Brewers' maximum prices. The 
brewer’s maximum price for sales of such 
hops, f. o. b. his platform or warehouse, 
shall be his supplier’s maximum price 
for the particular quantity of such hops 
to be priced hereunder, plus the amount 
of applicable transportation charges 
paid by the brewer. 

(b) Maximum prices for Pacific Coast 
baled and packaged hops of the 1942 
crop. (1) The maximum prices for 
sales by dealers, brewers supply dealers 
and brewers of Pacific Coast baled, regu¬ 
lar seeded and seedless hops (to be priced 
separately) of the 1942 crop; &nd for 
sales by sellers (other than sellers at re¬ 


tail who are not packers) of Pacific Coast 
packaged hops of the 1942 crop; shall be 
the highest price charged for such hops 
respectively by the particular dealer, 
brewers supply dealer, brewer and seller 
during the five days preceding December 
5. 1942, f. o. b. his warehouse or place of 
business. 

(2) “Highest price charged during the 
five day period” specified in (1) shall 
mean the highest price which the seller 
charged for a sale or delivery during the 
five day base period to a purchaser of the 
same class; or if the seller made no such 
sale or delivery during the five day base 
period his highest offering price for de¬ 
livery during that period to a purchaser 
of the same class; or if the seller made 
no sale or delivery or had no offering 
price during the five day base period to 
a purchaser of the same class, the high¬ 
est price charged during the base period 
to a purchaser of the same class by his 
most closely competitive seller. 

(c) Maximum prices for Pacific Coast 
baled hops of the 1943 crop —(1) Grow¬ 
ers' maximum prices. The grower’s 
maximum prices for sales of Pacific Coast 
baled hops of the 1943 crop, f. o. b. grow¬ 
er’s farm, warehouse or place of business, 
shall be the maximum price set forth 
below; 

Per pound 


Seedless hops (not more than 3% of 

seeds by weight)_$0.74 

Semi-seedless hops (more than 3% of 
seeds by weight but not more than 

6% of seeds by weight)_ .69 

Seeded hops (more than 6% of seeds 
by weight)- .64 

(2) Dealers' maximum prices. The 


dealer’s maximum prices for sales of 
Pacific Coast baled hops of the 1943 
crop, f. o. b. Pacific Coast shipping point, 
shall be the grower’s maximum price 
in accordance with paragraph (1) for 
the particular quantity of hops to be 
priced hereunder, plus the amount of 
9 cents per pound. 

(3) Brewers supply dealers' maximum 
prices. The brewers supply dealer’s 
maximum prices for sales of Pacific Coast 
baled hops of the 1943 crop, f. o. b. his 
local warehouse or place of business shall 
be: 

(i) The grower's maximum price in 
accordance with subparagraph (1) for 
the particular quantity of hops to be 
priced hereunder, plus the amount of 9 
cents per pound for such hops purchased 
by the brewers supply dealer from a 
grower, or 

(ii) The dealer’s maximum price in 
accordance with subparagraph (2) for 
the particular quantity of hops to be 
priced hereunder, plus the amount of 5 
cents per pound for such hops pur¬ 
chased by the brewers supply dealer from 
a dealer. 

(iii) The brewers supply dealer may 
add to the amounts determined at (i) 
or (ii) as the case may be, the appli¬ 
cable amount of transportation costs, 
not including local hauling and unload¬ 
ing charges, paid by the brewers sup- 












11588 


FEDERAL REGISTER, Saturday, August 21, 1943 


ply dealer with respect to the partic¬ 
ular quantity of hops to be priced here¬ 
under. 

(4) Brewers ’ maximum prices. The 
brewer’s maximum price for sales of 
Pacific Coast baled hops of the 1943 
crop, f. o. b. his platform or warehouse, 
shall be his supplier’s maximum price 
for the particular quantity of such hops 
to be priced hereunder, plus the appli¬ 
cable amount of transportation charges 
paid by the brewer. 

Sec. 4. Maximum prices for packaged 
hops. The seller’s (other than sellers at 
retail who are not packers) maximum 
prices for sales of Pacific Coast packaged 
hops (except such hops of the 1942 crop), 
f. o. b. packing plant or seller’s place of 
business, shall be the dealer’s maximum 
price in accordance with the applicable 
provisions of section 3 for the particular 
crop year and type of hops to be priced 
hereunder, plus the amount of 8 cents per 
pound and the applicable amount of 
transportation charges paid by the seller 
with respect to the particular quantity 
of hops to be priced hereunder. 

Sec. 5. Inability to fix maximum prices. 
If the seller’s maximum price cannot be 
determined under the provisions of this 
regulation he shall apply to the Office of 
Price Administration, Washington, D. C., 
for authorization of a maximum price. 
His application shall set forth a state¬ 
ment of the facts which make it impos¬ 
sible for him to determine his maximum 
price under any of the provisions of this 
regulation. Until a maximum price is 
authorized by the Office of Price Admin¬ 
istration, the applicant may not sell or 
deliver except under an agreement in 
each case to adjust the selling price to a 
figure no higher than the maximum price 
which is later established under this sec¬ 
tion. 

Sec. 6. Discounts , aUowancesjand com¬ 
missions —(a) Discounts and allowances. 
Customary discounts, allowances or other 
price differentials shall be maintained by 
every seller subject to this regulation, but 
•the prices subject to such discount, al¬ 
lowance or other price differential shall 
not exceed the maximum prices estab¬ 
lished by this regulation: Provided , That 
the seller shall not be required to maiir- 
tain a discount for prompt payment 
which results in an allowance of more 
than $.0075 per pound from his maximum 
prices established under section 3 (c) (2) 
or <3) or under section 4. 

(b) Brokers ’ and buying agentsf com¬ 
missions. In the event that a seller of 
hops shall employ a broker or buying 
agent to sell or purchase hops respec¬ 
tively on his behalf, such seller may not 
add the broker’s or buying agent’s com¬ 
missions to his maximum prices estab¬ 
lished under this regulation. In no case 
may any person charge or receive a 


broker’s commission on hops sold for his 
own account, or a buying agent’s com¬ 
mission on the purchase of hops owned 
by himself. 

Sec. 7. Exempt sales. This regulation 
shall not apply to: 

(a) Sales of New York State hops. 

(b) Sales of Pacific Coast baled hops 
of the 1942 crop by growers. 

(c) Sales of Pacific Coast packaged 
hops by sellers at retail other than pack¬ 
ers. 

Sec. 8. Export sales. The maximum 
prices at which any seller may export 
any hops subject to this regulation shall 
be determined in accordance with the 
provisions of the Second Revised Maxi¬ 
mum Export Price Regulation, as amend¬ 
ed,' or other applicable regulations here¬ 
after issued by the Office of Price Admin¬ 
istration. 

Sec. 9. 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 ad¬ 
justed upward in accordance with action 
taken by the Office of Price Administra¬ 
tion after delivery. Such authorization 
may be given when a reauest for a 
change in the applicable maximum price 
is pending, but only if the authorization 
is necessary to promote distribution or 
production 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 Office 
of Price Administration to whom the 
authority to grant such authorization 
has been delegated. The authorization 
shall be given by order. 

Article III. General Provisions 

Sec. 10. Incorporation of the provisions 
of the General Maximum Price Regula¬ 
tion. Unless the context indicates other¬ 
wise the definitions set forth in the Gen¬ 
eral Maximum Price Regulation s issued 
by the Office of Price Administration 
shall be applicable to like or similar terms 
used in this regulation. 

Sec. 11. Records. Every seller, other 
than a grower who produces and sells 
less than 1000 pounds of hops (dry 
weight) annually, shall keep a record 
of every sale of hops subject to this reg¬ 
ulation for so long as the Emergency 
Price Control Act of 1942, as amended, 
remains in effect, showing the date of 
sale, the quantity sold, whether f. o. b. 
or delivered, the maximum prices and 
the name and address of the purchaser. 
Records shall be available for examina- 


1 8 F.R. 4132, 5987. 7662. 

*8 F.R. 3096. 3849, 4347, 4486, 4724, 4978, 
4848, 6047, 6962, 8511. 9025. 


tion by the Office of Price Administration 
at any reasonable time and upon re¬ 
quest every such seller shall submit said 
records to the Office of Price Adminis¬ 
tration or keep additional records as the 
Office of Price Administration may from 
time to time direct. 8 

Sec. 12. Compliance with the regula¬ 
tion —(a) No buying or selling above 
maximum prices. On and after the ef¬ 
fective date of this regulation, regard¬ 
less of any contract, agreement or other 
obligation, no person to whom this reg¬ 
ulation is applicable shall sell or deliver 
any hops as specified in this regulation, 
and no person in the course of trade or 
business shall buy or receive any such 
hops, at prices higher than the maxi¬ 
mum prices established under this regu¬ 
lation; and no person shall agree, offer, 
solicit or attempt to do any of the fore¬ 
going. However, prices lower than the 
maximum price may be charged or paid. 

(b) Evasion. The maximum prices 
established under this regulation shall 
not be evaded whether by direct or in¬ 
direct methods, whether by commission, 
service, transportation, or other charge 
or discount, premium or other privilege; 
by tying agreement or other trade un¬ 
derstanding; by any change of style of 
packing; by business practices relating 
to tare or packing, or in any other way. 

(c) Enforcement . Any person violat¬ 
ing a provision of this regulation is sub¬ 
ject to the criminal penalties, civil 
enforcement actions and suits for treble 
damages as provided in the Emergency 
Price Control Act of 1942, as amended. 

Sec. 13. Geographical applicability. 
The provisions of this regulation shall 
apply to the forty-eight States of the 
United States and the District of 
Columbia. 

Sec. 14. Petitions for amendment . 
Persons seeking modification of any pro¬ 
visions of this regulation may file a peti¬ 
tion for amendment in accordance with 
the provisions of # Revised Procedural 
Regulation No. 1 * * * 4 issued by the Office of 
Price Administration. 

This regulation shall become effective 
August 19. 1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 P.R. 7871; E.O. 9328. 8 F.R. 4681) 

Issued this 19th day of August 1943. 

Chester Bowles. 

Acting Administrator. 

Approved: August 18,1943. 

Grover B. Hill. 

Acting War Food Administrator. 

(F. R. Doc. 43-13571; Filed, August 19, 1943; 

2:54 p. m.) 


* All reporting and record-keepinR require¬ 

ments of this regulation have been approved 

by the Bureau of the Budget in accordance 
with the Federal Reports Act of 1942. 

4 7 FR. 8961; 8 FR. 3313, 3533, 6173. 































FEDERAL REGISTER, Saturday, August 21, 1943 


11589 


Part 1351— Food and Food Products 
IMPR 280, 1 Arndt. 33] 

maximum prices for specific food* 
products: fluid milk and cream 

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 280 is 
amended in the following respects: 

1. Section 1351.807 (a) is amended to 
read as follows: 

(a) The Office of Price Administration, 
or any duly authorized representative 
thereof, may adjust any maximum price 
established under this Maximum Price 
Regulation 280 for fluid milk sold at 
wholesale, other than in glass or paper 
containers to stores, hotels, restaurants 
and institutions, in the case of any seller 
or group of sellers and may adjust any 
price so established for shell eggs sold at 
wholesale or retail in the case of any 
seller or group of sellers* where it 
appears: 

2. Section 1351.816 (a) (4) is amended 
to read as follows: 

(4 > (i) “Fluid milk" means raw or 
pasteurized liquid cows’ milk resold for 
human consumption in fluid form. 

iii) “Fluid cream" means raw or pas¬ 
teurized cream (derived from liquid 
cows’ milk) resold for human consump¬ 
tion in fluid form. 

3. Section 1351.816 (a) (11) is added 
to read as follows: 

(11) “Handler" means any person who, 
on his own behalf or on behalf of others, 
purchases fluid milk from producers, 
associations of producers, or other han¬ 
dlers, and who sells such fluid milk at 
wholesale in bulk (other than in glass 
or paper containers), to any person, 
other than stores, hotels, restaurants 
and institutions. 

(i) A “producer” is also a handler 
with respect to that fluid milk purchased 
by him from other producers, associa¬ 
tions of producers, or other handlers, 
which fluid milk is sold by him at whole¬ 
sale in bulk (other than in glass or paper 
containers), to any person, other than 
stores, hotels, restaurants and institu¬ 
tions. 

(ii> A “farmers’ cooperative” is also a 
handler with respect to that fluid milk 
processed for it by operators of milk re¬ 
ceiving or processing plants, and with 
respect to that fluid milk handled in 


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

'FM. 5165, 7566, 6357. 7196. 7599. 7670, 
8065, 8180, 9521, 9386. 9883, 10513. 

No. 166-5 


physical facilities for receiving, proces¬ 
sing or distributing fluid milk which are 
owned or leased by the cooperative, 
which fluid milk is sold by it at whole¬ 
sale in bulk (other than in glass or 
paper containers), to any person, other 
than stores, hotels, restaurants, and in¬ 
stitutions. 

4. Section 1351.816 (a) (12) is added 
to read as follows: 

(12) ’‘Producer” means a farmer or 
other person or representative who owns, 
superintends, manages, or otherwise 
controls the operation of a farm on 
which fluid milk is produced. Farmers’ 
cooperatives are producers with regard 
to all sales of fluid milk by them, except 
with respect to that fluid milk processed 
for them by operators of milk-receiving 
or processing plants and that fluid milk 
handled in physical facilities for receiv¬ 
ing, processing or distributing fluid milk 
which are owned or leased by the co¬ 
operative. 

5. Section 1351.817a is added to read 
as follows: 

§ 1351.817a Establishment of maxi¬ 
mum prices for the sale or delivery by, 
and purchase from handlers of fluid 
milk—i a) Delegation of authority to 
Regional Offices. (1) Notwithstanding 
any of the provisions of §§ 1351.801 and 
1351.803 hereof, and subject to the limi¬ 
tations contained in subparagraph (2) 
of this paragraph (a), each Regional 
administrator is authorized 

(1) To establish and adjust maximum 
prices for the sale or delivery by. and 
purchase from handlers of fluild milk re¬ 
sold for human consumption as fluid 
milk within the region of the Regional 
Administrator, and 

(ii) To act upon requests made under 
paragraph (b) of this section and upon 
applications made under paragraph (c) 
of this section. 

(2) The powers delegated to each 
Regional Administrator of the Office of 
Price Administration in subparagraph 
(1) of this paragraph (a) are subject to 
the following limitations: 

(i) No Regional Administrator may 
establish or adjust a maximum price for 
the sale or delivery by, and purchase 
from handlers of fluid milk, which will 
conflict with the terms or provisions of 
any marketing agreement, license or 
order issued pursuant to the provisions 
of the Agricultural Marketing Agree¬ 
ment Act of 1937, as amended, establish¬ 
ing minimum prices for producers’ sales 
of fluid milk. 

(b) Requests for establishment of 
maximum prices. (1) Any handler or 
purchaser of fluid milk from a handler 
may communicate with the Regional 


Office of the Office of Price Administra¬ 
tion within whose region the fluid milk 
is resold for human consumption as fluid 
milk, and request that the Regional Ad¬ 
ministrator establish maximum prices 
for the sale or delivery by, and purchase 
from handlers of fluid milk at all or any 
number of places within the said region. 

(c) Applications for adjustment of 
maximum prices. (1) Any person seek¬ 
ing an adjustment of a maximum price 
for the sale Or delivery by, and purchase 
from handlers of fluid milk, established 
by a Regional Administrator pursuant to 
this section, may file an application for 
adjustment in accordance with Revised 
Procedural Regulation No. 1 where: 

(i) The handler can not be reasonably 
expected to supply fluid milk on the basis 
of his maximum prices established pur¬ 
suant to the provisions of this regula¬ 
tion. and 

(ii) The adjustment will not tend to 
create in any locality a need for in¬ 
creases in prices established for fluid 
milk sold at retail or wholesale pursuant 
to the General Maximum Price Regula¬ 
tion, Supplementary Regulation 14A to 
the General Maximum Price Regulation, 
and Maximum Price Regulation No. 280, 
or any supplementary or adjustment 
order issued pursuant to the provisions 
thereof, and will effectuate the purposes 
of the Emergency Price Control Act of 
1942, as amended. 

This amendment shall become effec¬ 
tive August 19. 1943. 

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

Issued this 19th day of August 1943. 

Chester Bowles. 

Acting Administrator. 

(F. R. Doc. 43-13578; Filed. August 19. 1943; 

4:27 p. m.l 


Part 1439— Unprocessed Agricultural 
Commodities 

lMPR 426,* Arndt. 4) 

FRESH FRUITS AND VEGETABLES FOR TABLE 
USE, SALES EXCEPT AT RETAIL 

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 426 is 
amended in the following respects: 

1. Appendix D entitled “Maximum 
Prices for Table Grapes” is added to Ar¬ 
ticle m, section 15, to read as set forth 
below: 


1 8 Fit. 9546, 9568, 9727, 10571, 10673. 








11590 


FEDERAL REGISTER, Saturday, August 21, 1943 


Maximum Prices fob Table Grapes * • 


Col. 2 

Col 8 

Type, variety, style of 
pack. etc. 

Unit 

Grapes in lug boxes with a 
minimum net weight of 
28 lbs, sold in the U. S. 
except in California. 

Lug box. 



Gropes in any container 
except lug boxes with a 
minimum net weight of 
28 lbs. sold in the U. S. 
except California. 

Pound. 



Grapes in any container 
sold in the state of Cali¬ 
fornio for resale and con¬ 
sumption in California. 

Pound. 






Col. 1 


Item 

No. 


Col. 4 


Col. 5 


Col. 0 


Col. 7 


Col. 8 


Season 


Maximum 
prices f. o. b. 
Shipping 
point for 
shipments 
out of 
California* 


Basing Point 


Maximum prices at any 
wholesale receiving point for 
carlot or truckiot sales 4 


Maximum prices for less than 
carlot or less than truckiot 
sales to any person except 
ultimate consumers 1 


August 1-October 81.. 


November 1-Decem- 
her 31. 

January 1-End of sea¬ 
son. 

August 1-Octobcr 31.. 


November 1-Decem- 
ber 81. 

January 1-End of sea¬ 
son. 

August 1-October 31. . 


November 1-Decem- 
ber 31. 

January 1-End of sea¬ 
son. 


$2.05 

2.30 

2.00 

.0725 

.0825 

.0025 

None 

None 

None 


Bakersfield, Calif. 

Bakersfield, Calif. 
Bakersfield, Calif. 


None- 


None. 

None. 


$2.20 (basing point price) plus 
freight from basing point to 
wholesale receiving point. 

$2.45 (basing point price) plus 
freight from basing point to 
wholesale receiving point. 

$2.75 (basing point price) plus 
freight from lasing point to 
wholesale receiving point. 

Maximum price above (Item 
1) dividedby 28. 


Maximum price above (Item 

2) divided by 28. 

Maximum price above (Item 

3) divided by 28. 

8.0 cents per pound.... 

9.0 cents per pound.... 

10.0 cents per pound_..... 


Maximum price for carlot or 
truckiot sales (Col. 7) plus 
56 cents. 

Maximum price for carlot or 
truckiot sales (Col. 7) plus 
56 cents. 

Maximum price for carlot or 
truckiot sales (Col. 7) plus 
5fl cents. 

Maximum price for carlot or 
truckiot sales (Col. 7) plus 
per lb. 

Maximum price for carlot or 
truckiot sales (Col. 7) plus 
2 1 per lb. 

Maximum price for carlot or 
truckiot sales (Col. 7) plus 
per lb. 

10.0 cents per pound. 


11.0 cents per pound. 
12.0 cents per pound. 


1 If a grower makes a sale to an ultimate consumer, the maximum price for such 
sale shall be the ceiling price established under Col. 7 above for the particular market 
where such a sale is being made by the grower, multiplied by 1.40. 

Notf: The maximum prices at wholesale receiving points established in this ap¬ 
pendix arc intended to operate on the same basis as those set forth in Appendix A 
of tnis section for sales of lettuce. The examples and explanations of the operation 
of the regulation with respect to establishing prices at wholesale receiving points, 
set frrth in Appendix A apply to the maximum prices for gTapes. 

* Includes all varieties except the following: Concords, Alicante, Aramon, Bar- 
berene, Burgir, Burgundy, Caripnane, Cbiante, Cinsaut, Gregano, Grenacbe, Juice 
Malagas, Mnlvoisie, Mature, Mission, Muscat, Petite Bouschct, Petite Sirah, 
Valdepeno, Zlnfandel 


* Maximum price f. o. b. shipping point applies only to sales for shipment out of 
California. Sales for resale and consumption in California arc not sublet to control 
at f. c. b. shipping point. 

4 Basing point price is to bo used in determining the maximum price delivered at 
‘ any wholesale receiving point for carlot or truckiot sales. Difference* between maxi¬ 
mum price f. o. b. shipping point and basing point price in the allowance for protective 
services and risk in transit. Maximum prices f. o. b. shipping point for shipment 
out of California are those listed in Col. 5. Maximum prices delivered at any whole¬ 
sale receiving point for carlot or truckiot sales are determined by adding freight to 
the basing point prices listed in Col. 7. 

* Col. 8 does not apply to sales made 1. c. 1. at California shipping points for ship¬ 
ment cut ol California (See Col. 5). 


The f. o. b. shipping point prices in 
Column 5 of this amendment shall be¬ 
come effective August 19, 1943. All 
other prices and provisions of this 
amendment shall become effective Au¬ 
gust 31. 1943. 

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

Issued this 19th day of August 1943. 

Chester Bowles, 

Acting Administrator . 

Approved: 

Marvin Jones, 

War Food Administrator . 

(F. R. Doc. 43-13575; Filed, August 19, 1943; 
2:54 p. m.J 


TITLE 7—AGRICULTURE 
Chapter XI—War Food Administration 
[FDO 22-4, Arndt. 11 

Part 1425— Canned and Processed Foods 

CANNED VEGETABLES, CANNED FRUIT, AND 
CANNED VEGETABLE AND FRUIT JUICES RE¬ 
QUIRED TO BE SET ASIDE 

Director Food Distribution Order 22-4, 
§ 1425.6, issued by the Director of Food 
Distribution, War Food Administration, 
on May 18, 1943 <8 Fit. 6573), is 
amended by deleting Table 1 attached 
thereto and inserting in lieu thereof 
Table 1 attached hereto. 


The provisions hereof shall be effec¬ 
tive as of 12:01 a. m., e. w. t., August 
11, 1943. With respect to violations of 
said Food Distribution Order 22-4, 
rights accrued, or liabilities incurred 
prior to the effective time hereof, said 
Food Distribution Order 22-4 shall be 
deemed to be in full force and effect for 
the purpose of sustaining any proper 
suit, action, or other proceeding with re¬ 
spect to any such violation, right, or 
liability. 

(E.O. 9280, 7 FR. 10179; E.O. 9322, 8 
F.R. 3807; E.O. 9334, 8 F.R. 5423; F.D.O. 
22, 8 F.R. 2243) 

Issued this 19th day of August 1943. 

C. W. Kitchen, 

Acting Director of Food Distribution. 


TABLE 1—CANNED FRUITS, VEGETABLES, AND FRUIT AND VEGETABLE JUICE8 


A 

B 

O 

D 

E 

F 

G- 

H 

I 

Product 

Percentage of base pack 

Type, style variety (sequence 
does not denote preference) 

Grade, preferences 

Can size (sequence 
denotes preference) 

Specific 

reserve 

Contin¬ 

gency 

reserve 

Total 

(cols. 

BAC) 

First 

Second 

Third 

Apples... 

42 

8 

50 

Heavy pack__ 

Standard_....... 

Fancy 


10. 

Apricots. 

60 

7 

67 

Halved, un pee led_ 

Choice... 

Standard (fancy 

Pie or water pack... 

10-2- 

Berries *__ 

29 

4 

33 


W ater pack 

not desired). 

i-) 

10. 

Blueberries ._. 

42 

5 

47 


Water pack 

ft 


10. 

Cherries. RSP. 

34 

5 

39 

Water pack... 

Standard.. 



10-2. 

Figs. 

75 

11 

80 

K ad ota.... 

Choice... 

Fancy 


10. 

Fruit cocktail.. 

30 

10 

40 


Choice. 

Fancy._ 


10-2- 

Grapefruit. 

19 


19 

Segments... 

Fancy.. 

Choice 

Broken 

2. 

Grapefruit Juice.. . 

£8 


68 

Sweetened, or unsweetened. 

Fancy.. 

Standard 


10-3 c>’1-2. 

Orange juice (Florida)... 

45 


45 

Sweetened, or unsweetened. 

Fancy... 

Standard. 


10-3 cyl.-2. 


* Blackberries, boy sen berries, loganberries, youngberries only. Percentage applies to combined pack of these four varieties. 

* Syrup pack not desired. 

























































































FEDERAL REGISTER, Saturday, August 21, 1943 


11391 


TABLE 1—CANNED FRUITS. VEGETABLES, AND FRUIT AND VEGETABLE JUICES—Continued 


A 

B 

O 

D 

E 

F 

G 

H 

I 


Percentage of base pock 


Grade preferences 


Product 

Specific 

reserve 

Contin¬ 

gency 

reserve 

Total 

(cols. 

BAC> 

Typo, style variety (sequence 
docs not denote preference) 

First 

Second 

Third 

Can size (sequence 
denotes preference) 

Orange juice (States 
other than Florida). 
Orange and grapefruit 
Juice blended, 
roaches ......._....... 

21 


21 

Sweetened, or unsweetened. 

Fancy. 

Standard. 


10-3 cyl.-2. 

10-3 cyl.-2. 

10-2-$4. 

10-2- 

10-2-14. 

10-2-14. 

10-3 cyl.-2. 

10-2. 

100 


100 

Sweetened, unsweetened (50% 
orange) (50% grapefruit). 
Yellow clingstone halved or 

Fancy.... 

Standard. 


41 

6 

47 

Choice. 

Top Std.*.... 




sliced. Freestone yellow- 

halved or sliced. 

Bartlett, halved. 

Choice. 

Fancy. 


Pears .... 

63 

7 

60 

Choice. 

Top Std.*_ 

Fancy.. 

1‘ineapplc.... 

44 

6 

60 

Sliced, crushed, chunks, tidbits, 
(except cocktail tidbits). 

Fancy. 

Choice. 


pineapple Juice. 

22 

3 

25 

Fancy.. 



Asparagus. 

32 

6 

38 

All green or culturally bleached. 
Fresh... . 

Fancy cut. 

Fancy spear_... 


Keans, lima.. 

21 

7 

2H 

Extra standard. 

Top standard *.... 

Top standard *_ 

Top standard *_ 

Fancy 

10-2. 

Beans, snap....._ 

21 

4 

25 

Green, wax-cat.. 

Extra standard_ 

Fancv. 

10-2-14-2, 

Beets . 

20 

6 

26 

Cut, quartered, diced, sliced.... 
Diced. 

Fancy... 


10-2-14-2. 

10-2-14-2. 

10-2. 

Carrots __........_ 

49 

9 

58 

Fancy. 

Top standard 4 _ 


Corn, sweet __ 

in 

5 

20 

White, yellow-cream style, 
whole kernel. 

Alaska—3,4, sieve; sweet—3sieve 

Fancy or Extra Std. 

Extra standard. 

Top standard «... 


peas .-.. 

20 

3 

23 

Top standard *_ 

Top standard 4 ._.. 
Top standard 4 _ 

Fancy.. 

10-2. 

Pumpkin or squash. 

11 

4 

15 

and larger, ungradod. 

Fancy. 


2-14. 

10-2-14. 

10-2-14-2. 

10-3 cyl.-2-J4;14oz. 

glass or larger. 
10-3 cyL-2. 

10. 

Spinach.__ 

35 

6 

4i 


Fancy. 


Tomatoes.. 

Tomato catsup. 

24 

4 

28 


Extra standard _ 

Top standard * . . 
Fancy 33% solids 
or over. 

Fancy. .. 

47 

9 

56 


Fancy 29-33% solids. 

Fancv. 1_ _ 

Fancy 25-29% solids. 

Tmnfttn Juice _ 

36 

7 

43 


Tomato puree.. 

17 

4 

21 

Heavy (minimum specific grav¬ 
ity-1.(M5). 

Fancy_........ 



Tomato paste... 

26 

4 

30 

Fancy 



10-2-14-2. 









* Top standard means 70-74 inclusive as defined in terms of U. 9. grades. 

« Top standard means 80-84 inclusive as defined in terms of 0. 9. prudes. 

» Full inside enamel cans required. Number 10 cans t,o be used for whole kernel only. 


IF. R. Doc. 43-13597; Filed, August 20. 1943; 11:14 a. m.j 


TITLE 41—PUBLIC CONTRACTS 
Chapter II—Division of Public Contracts 

Part 202— Minimum Wage Deter¬ 
mination 1 

COTTON GARMENT AND ALLIED INDUSTRIES, 

KNITTING. KNITWEAR. AND WOVEN UNDER¬ 
WEAR INDUSTRY AND RAINWEAR INDUSTRY 

Whereas, the prevailing minimum 
wage determinations for the Cotton Gar¬ 
ment and Allied Industries, issued by me 
on June 20, 1942, for the Knitting, Knit¬ 
wear. and Woven Underwear Industry, 
issued by me on March 30, 1943, and for 
the Rainwear Industry, issued by me on 
November 4, 1942, provide that learners 
may be employed at subminimum rates 
in accordance with the applicable regu¬ 
lations issued by the Administrator of 
the Wage and Hour Division under the 
Fair Labor Standards Act which were in 
effect on the respective dates of issuance 
of said minimum wage determinations; 
and 

Whereas, on June 12. 1943, the Admin¬ 
istrator of the Wage and Hour Division 
issued Administrative Order No. 198, ef¬ 
fective June 28. 1943. (I) amending the 
learner regulations of the Wage and 
Hour Division applicable to the employ¬ 
ment of learners in the Rainwear. Robes, 
and Leather and Sheep-lined Garments 
Divisions of the Apparel Industry, to con¬ 
form to the following provisions, to be 
effective for the duration of the war 
emergency: 

1. Special learner certificates may be is¬ 
sued upon individual applications of em¬ 
ployers provided that it 1s satisfactorily shown 
that: 


1 Affects tabulation in § 202.2. 


(a) Experienced labor is not available in 
the locality from which the employ :r cus¬ 
tomarily draws his labor supply; 

(b) Learners are available for employment 
at the established subminimum learner wage 
rate; 

(c) The Issuance of a certificate will not 
tend to Impair working or wage standards 
established for experienced workers in the 
industry; 

(d) The issuance of such certificates will 
not create unfair competitive labor cost 
advantages: 

(e) The number of learners applied for 
will not tend to Impair the statutory mini¬ 
mum wage rate in such plant; 

(f) The applicant’s piece work or hourly 
wage rates yield average earnings to experi¬ 
enced workers substantially above the mini¬ 
mum wage rate. 

2. The subminimum wage rate which may 
be provided in special learner certificates 
shall be not less than 35 cents per hour. 

3. Authorization to employ a number or 
percentage of learners for labor turnover 
in excess of that provided in Industry 
learner regulations, Issued pursuant to 
§522.4 of the regulations of the Adminis¬ 
trator of the Wage and Hour Division and 
presently in effect, may be granted to the 
extent of the actual need of an Individual 
applicant, when that need is due to an 
abnormal labor turnover resulting from the 
war emergency. 

and <n> amending, as of June 28, 1943. 
certificates presently in effect in the 
aforesaid divisions of the Apparel In¬ 
dustry to conform to paragraph 2; and 

Whereas it appears advisable, for the 
purpose of coordinating the administra¬ 
tion of the Fair Labor Standards Act 
of 1938 and the Public Contracts Act, 
to adopt the above amendments for the 
purposes of the afore-mentioned pre¬ 
vailing minimum wage determinations, 
insofar as said learner regulations of the 
Administrator of the Wage and Hour 


Division are presently applicable to said 
minimum wage determinations, 

Now. therefore, upon consideration of 
all the facts and circumstances, I 
hereby determine that learners may be 
employed at subminimum rates in the 
Cotton Garrfient and Allied Industries, 
Knitting, Knitwear, and Woven Under¬ 
wear Industry,* and Rainwear Industry, 
only in accordance with the present ap¬ 
plicable regulations issued by the Ad¬ 
ministrator of the Wage and Hour Di¬ 
vision under the Fair Labor Standards 
Act, as amended on June 28, 1943, which 
I hereby adopt for the purposes 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 ne¬ 
gotiations otherwise commenced by the 
contracting agency on or after Septem¬ 
ber 13, 1943, except that learners may 
be employed at subminimum rates, in ac¬ 
cordance with the amended regulations 
of the Administrator of the Wage and 
Hour Division, on or after September 13. 
1943, in the performance of contracts, 
bids for which were solicited or nego¬ 
tiations otherwise commenced by the 
contracting agency prior to that date. 

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 re¬ 
quirements of this determination. 

Dated: July 30, 1943. 

Frances Perkins, 

Secretary of Labor . 

IF. R. Doc. 43-13601; Filed. August 20, 1943; 

11:16 a, m.j 






































































































11592 


FEDERAL REGISTER, Saturday, August 21, 1943 


Notices 


DEPARTMENT OF THE INTERIOR. 
Bureau of Reclamation. 

Sun River Project 

REVOCATION OF CERTAIN LAND WITHDRAWAL 

July 1, 1943. 

The Secretary of the Interior. 

Sir: From recent investigations in con¬ 
nection with the Sun River Project, the 
withdrawal of the hereinafter described 
lands, withdrawn in the first and second 
forms prescribed by section 3 of the 
Act of June 17,1902 (32 Stat. 388) by de¬ 
partmental orders of October 17,1903 and 
February 27, 1911, no longer appears 
necessary to the interests of the project. 

It is therefore recommended that so 
much of said orders as withdrew the 
lands hereinafter listed be revoked: Pro¬ 
vided, That such revocation shall not 
affect the withdrawal of any other lands 
by said orders or affect any other order 
withdrawing or reserving the lands here¬ 
inafter listed. 

Sun River Project, Montana 

MONTANA PRINCIPAL MERIDIAN 

T. 23 N., R. 1 W , 

Sec. 34, E \<i SE%: 

Sec. 35. NWy 4 SW*4. 

Respectfully, 

H. W. Bashore, 
Acting Commissioner . 

I concur: August 4.1943. 

Fred W. Johnson. 

Commissioner o/ the General 
Land Office. 

The foregoing recommendation is 
hereby approved, and it is so ordered. 
The Commissioner of the" General Land 
Office is hereby authorized and directed 
to cause the records of his office and of 
the local land office to be noted accord¬ 
ingly. 

Oscar L. Chapman, 
Assistant Secretary. 

August 9, 1943. 

[F. R. Doc. 43-13581; Filed, August 20, 1943; 
9:43 a. m.J 


Office of the Secretary. 

[Order No. 18561 

Order Terminating Appointment of 
Operating Managers 

August 18, 1943. 

Orders have been issued terminating 
Government possession and control of 
the coal mines for which the persons 
listed in Appendix A have served as Op¬ 
erating Managers for the United States, 
and the mining companies have duly 
executed and delivered to the Adminis¬ 
trator, Instrument No. 1, as provided in 
section 40 of the Regulations for the Op¬ 
eration of Coal Mines under Government 
Control, as amended (8 F.R. 6655,10712). 

Accordingly, I hereby order and direct 
that the appointments of the Operating 
Managers for the United States listed in 


Appendix A, attached hereto and made 
a part hereof, be, and they are hereby, 
terminated. 

Abe Fortas, 

Acting Secretary of the Interior . 
Appendix A 

Name of operating Name of 

manager: mining company 

F. N. Barnes_Barnes Coal & Mining Co. 

Chas G. Gressang. Elk River Coal and 
Lumber Co. 

C. C. Fay_Rail & Lake Coal Co. 

Jo6. Shcban_Sheban Mining Co. 

H. Shuff_Sbuflf Coal Co. 

[F. D. Doc. 43-13582; Filed, August 20, 1943; 
9:56 a. m.J 


[Order No. 18571 

Order Terminating Government Posses¬ 
sion and Control 

August 18, 1943. 

The Operating Managers for the 
United States for the coal mines of the 
mining companies listed in Appendix A 
have advised the Coal Mines Administra¬ 
tor that there has been no interruption 
in the operation of such mines since 
April 30, 1943, as a result of a strike or 
other labor disturbance, and have sub¬ 
mitted factual evidence to that effect. 
Based on such evidence and advice, and 
after consideration of all the circum¬ 
stances, I find that the possession and 
control by the Government of such mines 
are not necessary to insure the operation 
of such mines in the interest of the war 
effort, and that it is practicable to ter¬ 
minate the possession and control of 
such mines. 

Accordingly, I order and direct that 
possession and control by the Govern¬ 
ment of the mines of the mining com¬ 
panies listed in Appendix A, attached 
hereto and made a part hereof, including 
any and all real and personal property, 
franchises, rights, facilities, funds, and 
other assets used in connection with the 
operation of such mines and the distribu¬ 
tion and sale of their products, be. and 
they are hereby, terminated and that 
there be conspicuously displayed at the 
mining properties copies of a poster to 
be supplied by the Coal Mines Adminis¬ 
tration and reading as follows: 

Notice 

Government possession and control of the 
coal mines of this mining company have been 
terminated by order of the Secretary of the 
Interior. 

Provided, however, That nothing con¬ 
tained herein shall be deemed to preclude 
the Administrator from requiring the 
submission of information relating to op¬ 
erations during the period of Govern¬ 
ment possession and control as provided 
in section 40 of the Regulations for the 
Operation of Coal Mines under Govern¬ 
ment Control, as amended (8 F.R. 6655, 
10712), for the purpose of ascertaining 
the existence and amount of any claims 
against the United States so that the ad¬ 
ministration of the provisions of Execu¬ 
tive Order No. 9340 (8 F.R. 5695) may be 
concluded in an orderly manner; and 
Provided further. That except as other¬ 


wise ordered, the appointments of the 
Operating Managers for the mines of the 
companies listed in Appendix A shall 
continue in effect. 

Abe Fortas, 

Acting Secretary of the Interior . 


Appendix A 


Name of mining 
company: 

The Barnes Coal 
and Mining Co. 

Elk River Coal and 
Lumber Co. 

Rail and Lake Coal 
Co. 

Sheban Mining Co.. 

Shuff Coal Co_ 


Address 

Box 277, Coshocton, 
Ohio. 

150 East Broad St., 
Columbus, Ohio. 
1306 Public Square 
Bldg., Cleveland, 
Ohio. 

North Lima. Ohio. 
Oneonta, Ala. 


[F. R. Doc. 43-13583; Filed, August 20, 1943; 
9:66 a. m.[ 


DEPARTMENT OF LABOR. 

Wage and Hour Division. 

[ Administrative Order 2111 

Wholesaling, Warehousing, and Other 
Distribution Industries 

RESIGNATION AND APPOINTMENT TO INDUSTRY 
COMMITTEE 

Acceptance of resignation from and 
appointment to Industry Committee No. 
63 for the Wholesaling, Warehousing, 
and Other Distribution industries. 

By virtue of and pursuant to the au¬ 
thority vested in me by the Fair Labor 
Standards Act of 1938, I, L. Metcalfe 
Walling. Administrator of the Wage and 
Hour Division, United States Department 
of Labor, 

Do hereby accept the resignation of 
Boris Shishkin of Seminary, Virginia, 
from Industry Committee No. 63 for the 
Wholesaling, Warehousing, and Other 
Distribution Industries, and do appoint 
in his stead Marten Estey of Washing¬ 
ton, D. C., as representative for the em¬ 
ployees on such Committee. 

Signed ac New Yqrk, New York, this 
18th day of August 1943. 

L. Metcalfe Walling. 

Administrator. 

[F. R. Doc. 43-13600; Filed, August 20, 1943;; 
11:16 a. m.l 


INTERSTATE COMMERCE COMMIS¬ 
SION. 

[Special Permit 2 Under Service Order 145[ 
Union Pacific Railroad Co., et al. 
refrigeration of potatoes 

Pursuant to the authority vested in me 
by paragraph (c) of the first ordering 
paragraph (§95.316, 8 Fit. 11089) of 
Service Order No. 145 of August 7, 1943, 
as amended (8 F.R. 11487), permission 
is granted for: 

The Union Pacific Railroad Company, the 
Chicago, Burlington & Quincy Railroad Com¬ 
pany, and the Illinois Central Railroad Com¬ 
pany to accord standard refrigeration to PFE 
14771, WRX 9590. PFE 29558. PFE 93003. and 
PFE 20803 containing potatoes from Fayette, 



















FEDERAL .REGISTER, Saturday , August 21, 1943 11593 


Idaho, consigned to the Quartermaster of the 
United States Army, at New Orleans, 

Louisiana. 

The waybills shall show reference to this 
special permit. 

A copy of this permit has been served 
upon the Association of American Rail¬ 
roads, Car Service Division, as agent of 
the railroads subscribing to the car serv¬ 
ice and per diem agreement under the 
terms of that agreement; and notice of 
this permit shall be given to the general 
public by depositing a copy in the office 
of the Secretary of the Commission at 
Washington, D. C., and by filing it with 
the Director, Division of the Federal 
Register. 

Issued at Washington. D. C., this 16th 
day of August 1943. 

Homer C. King, 
Director, Bureau of Service. 

[F. R. Doc. 43-13602; Filed, August 20, 1943; 

11:24 a. m.J 


(Special Permit 49. Amended Under Service 
Order 1331 

Common Carriers by Railroad 

REICING OF FRESH OR GREEN VEGETABLES 
IN TRANSIT 

Pursuant to the authority vested in 
me by paragraph (b) of the first order¬ 
ing paragraph (§ 95.313, 8 F.R. 8554) of 
Service Order No. 133 of June 19, 1943, 
as amended (8 F.R. 9728-29; 8 F.R. 
10941), permission is granted for: 

Any common carrier by railroad to retop 
or rebody ice at Chicago, Illinois, any re¬ 
frigerator car or cars loaded with fresh or 
green vegetables, In straight or mixed car¬ 
loads, originating at points In Arizona, Cali¬ 
fornia, Colorado, or Utah. 

This permit shall not be construed to al¬ 
low retop or rebody icing of a refrigerator 
car not equipped with collapsible bunkers 
in excess of 15,000 pounds when bunker Ice 
Is used. 

The waybills shall show reference to this 
special permit. 

A copy of this permit has been served 
upon the Association of American Rail¬ 
roads, Car Service Division, as agent of 
the railroads subscribing to the car serv¬ 
ice and per diem agreement under the 
terms of that agreement; and notice of 
this permit shall be given to the general 
public by depositing a copy in the office 
of the Secretary of the Commission at 
Washington, D. C., and by filing it with 
the Director, Division of the Federal 
Register. 

Issued at Washington, D. C., this 14th 
day of August 1943. 

Homer C. King, 
Director, Bureau of Service. 

|F. R. Doc. 43-13603; Filed, August 20. 1943; 
11:24 a. m.J 


lSpecial Permit 50, Amended Under Service 
Order 133) 

Common Carriers by Railroad 

REICING OF FRESH OR GREEN VEGETABLES 
IN TRANSIT 

Pursuant to the authority vested in 
me by paragraph (b) of the first order¬ 


ing paragraph (§ 95.313, 8 F.R. 8554) of 
Service Order No. 133 of June 19, 1943, 
as amended (8 F.R. 9728-29; 8 F.R. 
10941), permission is granted for; 

Any common carrier by railroad to retop 
or rebody ice at Peoria, Illinois, any refrig¬ 
erator car or cars loaded with fresh or green 
vegetables, in straight or mixed carloads, 
originating at points in Arizona. California, 
Colorado, or Utah, when destined to points 
on or east of the western border of the 
States of Indiana, Kentucky. Michigan 
(Lower Peninsula). Mississippi, or Tennessee. 

This permit shall not be construed to 
allow retop or rebody Icing of a refrigerator 
car not equipped with collapsible bunkers in 
excess of 15,000 pounds when bunker ice 
is used. 

The waybills shall show reference to this 
special permit. 

A copy of this permit has been served 
upon the Association of American Rail¬ 
roads, Car Service Division, as agents 
of the railroads subscribing to the car 
service and per diem agreement under 
the terms of that agreement; and notice 
of this permit shall be given to the 
general public by depositing a copy in 
the office of the Secretary of the Com¬ 
mission at Washington, D. C.. and by 
filing it with the Director, Division of 
the Federal Register. 

Issued at Washington, D. C., this 14th 
day of August 1943. 

Homer C. King, 
Director. Bureau of Service . 

(F. R. Doc. 43-13604; Filed. August 20. 1943; 

11:24 a. m.) 


(Special Permit 61, Amended. Under Service 
Order 133) 

Common Carriers by Railroad 
reicing of fresh or green vegetables in 

TRANSIT 

Pursuant to the authority vested in 
me by paragraph (b) of the first order¬ 
ing paragraph (§ 95.313, 8 F.R. 8554 ) of 
Service Order No. 133 of June 19, 1943. 
as amended (8 F.R. 9728-29; 8 F.R. 
10941), permission is granted for: 

Any common carrier by railroad to re top 
or rebody ice at St. Louis, Missouri, or East 
St. Louis, Illinois, any refrigerator car or 
cars loaded with fresh or green vegetables, 
in straight or mixed carloads, originating at 
points in Arizona, California, Colorado, or 
Utah, when destined to points on or east of 
the western border of the States of Indiana, 
Kentucky, Michigan (Lower Peninsula), Mis¬ 
sissippi, or Tennessee. 

This permit shall not be construed to allow 
retop or rebody icing of a refrigerator car 
not equipped with collapsible bunkers in 
excess of 15.000 pounds when bunker ice is 
used. 

The waybills shall show reference to this 
special permit. 

A copy of this permit has been served 
upon the Association of American Rail¬ 
roads, Car Service Division, as agent of 
the railroads subscribing to the car serv¬ 
ice and per diem agreement under the 
terms of that agreement; and notice of 
this permit shall be given to the gen¬ 
eral public by depositing a copy in the 
office of the Secretary of the Commis¬ 
sion at Washington, D. C., and by filing 
it with the Director, Division of the Fed¬ 
eral Register. 


Issued at Washington, D. C., this 14th 
day of August 1943. 

Homer C. King, 

Director, Bureau of Service. 

(F. R. Doc. 43-13605; Filed. August 20, 1943; 
11:24 a. m.J 


(Special Permit 52, Corrected. Under Service 
Order 1331 

Common Carriers by Railroad 

REICING OF FRESH OR GREEN VEGETABLES IN 
TRANSIT 

Pursuant to the authority vested in me 
by paragraph (b) of the fjrst ordering 
paragraph (§ 95.313, 8 F.R. 8554) of Serv¬ 
ice Order No. 133 of June 19. 1943, as 
amended (8 F.R. 9728-29; 8 F.R. 10941), 
permission is granted for: 

Any common carrier by railroad to retop or 
rebody ice at Decatur, Illinois, any refrigera¬ 
tor car or cars loaded with fresh or green 
vegetables, in straight or mixed carloads, 
originating at any point or points in the 
States of Arizona, California, Colorado, or 
Utah, when destined to points on or east of 
the western border of the States of Indiana, 
Kentucky. Michigan (Lower Peninsula), Mis¬ 
sissippi, or Tennessee. 

This permit shall not be construed to allow 
retop or rebody icing of a refrigerator car not 
equipped with collapsible bunkers In excess 
of 15,000 pounds when bunker Ice is used. 

The waybills shall show reference to this 
special permit. 

A copy of this permit has been served 
upon the Association of American Rail¬ 
roads, Car Service Division, as agent of 
the railroads subscribing to the car serv¬ 
ice and per diem agreement under the 
terms of that agreement; and notice of 
this permit shall be given to the general 
public by depositing a copy in the office 
of the Secretary of the Commission at 
Washington, D. C., and by filing it with 
the Director, Division of the Federal 
Register. 

Issued at Washington, D. C., this 17th 
day of August 1943. 

Homer C. King, 
Director, Bureau of Service. 

(F. R. Doc. 43-13606; Filed, August 20, 1943; 
11:24 a. m.) 


OFFICE OF ALIEN PROPERTY CUS¬ 
TODIAN. 

(Vesting Order 1823) 

Maria Vivan, et al. 

Re: Interest in compensation claim 
owned by Maria Vivan, Guido Vivan, Vit¬ 
torio Vivan, and Anza Vivan. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order No. 9095, as amended, 
and pursuant to law, the undersigned, 
after investigation, finding: 

1. That the last known address of Maria 

Vivan, Guido Vivan, Vittorio Vivan, and Anza 
Vivan is Pasiano Di Pordenone, Provlncla 
di Udine, Italy, and that they are residents 
of Italy and nationals of a designated enemy 
country (Italy); • 

2. That Maria Vivan. Guido Vivan. Vit¬ 
torio Vivan and Anza Vivan are the owners 
of the property described below; 


















11594 


FEDERAL REGISTER, Saturday, August 21, 1943 


3. That the property described as follows: 

All right, title. Interest, and claim of Marla 
Vlvan, Guido Vlvan, Vittorio Vivan, and 
Anza Vivan, In and to any and all causes 
of action arising out of the death of Gio¬ 
vanni Battlsti Vivan, under the common law 
and any Federal or State statutes, including 
but not limited to those arising under the 
Workman’s Compensation Law of the State 
of Michigan, and any and all claims against 
the Waterway Construction Company, De¬ 
troit, Michigan, and any and all claims aris¬ 
ing out of Workman’s Compensation Policy 
No. 10508. issued by the Associated Indemnity 
Company, San Francisco, California, to the 
Waterway Construction Company, Detroit, 
Michigan, Including but not limited to all 
rights of compensation, indemnity, proceeds, 
judgments, and, specifically, the right to file, 
prosecute, enforce and collect such claims, 
including but not limited to the right to 
file a claim with the Industrial Accident 
Board of the Department of Labor, State of 
Michigan, and the right to prosecute, enforce 
and collect such claim, 

Is property within the United States owmed 
or controlled by nationals of a designated 
enemy country (Italy); 

And determining that to the extent that 
such nationals are persons not within a des¬ 
ignated enemy country, the national interest 
of the United States requires that such per¬ 
sons be treated as nationals of a designated 
enemy country (Italy); 

And having made all determinations and 
taken all action, after appropriate consulta¬ 
tion and certification required by law, and 
deeming It necessary in the national interest. 

Hereby vests in the Alien Property 
Custodian the property described above, 
to be held, used, administered, liqui¬ 
dated, sold or otherwise dealt with in 
the interest, and for the benefit, of the 
United States. 

Such property and any or all of the 
proceeds thereof shall be held in an 
appropriate account, or accounts, pend¬ 
ing further determination of the Alien 
Property Custodian. This order shall 
not be deemed to limit the power of the 
Alien Property Custodian to return such 
property or the proceeds thereof in whole 
or in part, nor shall this order be deemed 
to indicate that compensation will not 
be paid in lieu thereof, if and when it* 
should be determined to take any one 
or all of such actions. 

Any person, except a national of a 
designated enemy country, asserting any 
claim arising as a result of this order 
may, within one year from the date 
hereof, or within such further time as 
may be allowed, file with the Alien Prop¬ 
erty Custodian on Form APC-1 a notice 
of claim, together with a request for a 
hearing thereon. Nothing herein con¬ 
tained shall be deemed to constitute an 
admission of the existence, validity, or 
right to allowance of any such claim. 

The terms “national” and “designated 
enemy CQuntry” as used herein shall 
have the meanings prescribed in section 
10 of Executive Order No. 9095, as 
amended. 

Executed at Washington, D. C., on July 
17, 1943. 

[seal] Leo T. Crowley, 

Alien Property Custodian. 

(F. R. Doc. 43-13594: Filed. August 20. 1943; 

10:39 a. m.) 


I Vesting Order 19821 
Hanna Desebrock 

Re: Real property situated in Travis 
County, Texas, and a bank account 
owned by Hanna Desebrock. 

Under the authority of the Trading 
with the Enemy Act, as amended, and 
Executive Order No. 9095, as amended, 
and pursuant to law, the undersigned, 
after investigation: 

1. Finding that Hanna Desebrock is a 
resident of Germany, whose last known ad¬ 
dress is Mittleweg 120, Hamburg, Germany, 
and is a national of a designated enemy 
country (Germany); 

2. Finding that Hanna Desebrock is the 
owner of the property described in sub- 
paragraph 3 hereof; 

3. Finding that the property described as 
foUows: 

a. Real property situated in Travis County, 
Texas, particularly described as Lots Seven 
(7), Eight (8). and Nine (9) of Block Eight¬ 
een (18). Christian and Fellman Addition in 
the City of Austin, Texas, together with all 
the fixtures, improvements and appurte¬ 
nances thereto, and any and all claims for 
rents, refunds, benefits or other payments 
arising from the ownership of such property, 

b. All right, title and interest of Hanna 
Desebrock and of every other national of a 
designated enemy country in and to the 
contract of sale entered into between Hanna 
Desebrock, by Frederick G. von Rosenberg, 
Agent, as seller, and Grace K. Knelle Prlnz- 
ing, as purchaser, dated March 3, 1941, and 
the contract of sale entered into between 
Hanna Desebrock by Frederick G. von Rosen¬ 
berg. Agent, as seller, and Nell H. Wllsoiv 
as purchaser, dated March 3, 1941, wherein 
in consideration of certain payments made 
by the purchaser, the seller agreed to con¬ 
vey title to the real estate hereafter de¬ 
scribed, and all right, title, Interest and 
estate both legal and equitable, of Hanna 
Desebrock, and of every other national of 
a designated enemy country in and to the 
real property situated in Travis County, 
particularly described as Lots Eight (8) and 
Nine (9), Block Nineteen (19), Christian 
and Fellman Addition, in the City of Austin, 
Texas, together with all the fixtures, im¬ 
provements and appurtenances thereto, and 
any and all claims of Hanna Desebrock and 
of every other national of a designated enemy 
country for rents, refunds, benefits or other 
payments arising from the ownership of 
such property, and 

c. All right, title, interest and claim of 
any name or nature whatsoever of Hanna 
Desebrock, and of every other national of a 
designated enemy country, in and to any and 
all obligations contingent or otherwise and 
whether or not matured owing to her by 
American National Bank, Austin. Texas, In¬ 
cluding but not limited to all security rights 
in and to any and all collateral for any or 
all such obligations and the right to en¬ 
force and collect such obligations and In¬ 
cluding particularly the account in said bank 
which is due and owing to and held for Hanna 
Desebrock in the name of Mrs. Hanna Dese¬ 
brock. by Frederick G. von Rosenberg, Agent, 
is property within the United States owned 
or controlled by a national of a designated 
enemy country (Germany); 

4. Determining that the property described 
in subparagraph 3-c is necessary for the main¬ 
tenance and safeguarding of other prop¬ 
erty (namely, that hereinbefore described 
in subparagraphs 3-a and 3-b) belonging to 
the same national of the same designated 
enemy country and subject to vesting (and 
In fact vested by this order) pursuant to 
section 2 of 6aid Executive Order; 


6. Determining that to the extent that 
such national is a person not within a desig¬ 
nated enemy country, the national interest of 
the United States requires that such person 
be treated as a national of the aforesaid desig¬ 
nated enemy country (Germany); 

And having made all determinations and 
taken all action required by law. Including 
appropriate consultation and certification, 
and deeming it necessary in the national in¬ 
terest. 

Hereby vests in the Alien Property Cus¬ 
todian the property described above, 
subject to recorded liens, encumbrances! 
and other rights of record held by or for 
persons who are not nationals of desig¬ 
nated enemy countries, to be held, used, 
administered, liquidated, sold or other¬ 
wise dealt with in the interest 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 account or accounts, pending 
further determination of the Alien Prop¬ 
erty Custodian. This order shall not be 
deemed to limit the power of the Alien 
Property Custodian to return such prop¬ 
erty or the proceeds thereof in whole or 
in part, nor shall it be deemed to indi¬ 
cate that compensation will not be paid 
in lieu thereof, if and when it should be 
determined to take any one or all of such 
actions. 

Any person, except a national of a des¬ 
ignated enemy country, asserting any 
claim arising as a result of this order 
may, within one year from the date 
hereof, or within such further time as 
may be allowed, file with the Alien Prop¬ 
erty Custodian on Form APC-1 a notice 
of claim, together with a request for a 
hearing thereon. Nothing herein con¬ 
tained shall be deemed to constitute an 
admission of the existence, validity or 
right to allowance of any such claim. 

The terms “national” and “designated 
enemy country” as used herein shall have 
the meanings prescribed in section 10 
of Executive Order No. 9095, as amended. 

Executed at Washington. D. C., on 
August 12, 1943. 

[seal] Leo T. Crowley, 

Alien Property Custodian . 

(F. R. Doc. 43-13596; Filed, August 20. 1943; 

10:39 a. m.J 


OFFICE OF DEFENSE TRANSPORTA¬ 
TION. 

(Supplementary Order ODT 3, Rev.-50] 
Atlantic Coast Freight Lines, Inc., et al. 
coordinated operations in over -the-road 

AND COLLECTION AND DELIVERY SERVICE 

Upon consideration of a plan for joint 
action filed with the Office of Defense 
Transportation by Atlantic Coast Freight 
Lines, Inc. and W. T. Cowan. Inc., of 
Baltimore, Maryland, and B. & E. Trans¬ 
portation Co., Inc., of New York City. 
New York, common carriers, pursuant to 
General Order ODT 3, Revised, as 
amended (7 F.R. 5445, 6689, 7694; 8 F R. 
4660), and General Order ODT 6A (8 


















FEDERAL REGISTER, Saturday , August 21, 1943 


11395 


p.R. 8757), a copy of which plan is at¬ 
tached hereto as Appendix l, 1 and 

It appearing that the carriers propose, 
by the plan, to coordinate their opera¬ 
tions as common carriers of property by 
motor vehicle by utilizing the equipment 
and facilities, wherever consistent with 
the operations and schedules, of each 
other; by diverting shipments to each 
other for transportation between com¬ 
mon points, which transportation by the 
diverting carrier would require the oper¬ 
ation of a partially laden vehicle in over- 
the-road service; and by diverting ship¬ 
ments to each other, the transportation 
of which is required in collection and 
delivery service, over duplicate routes 
in the Cities of Baltimore, Maryland, 
New York City, New York, Philadelphia, 
Pennsylvania, Trenton and Newark, New 
Jersey, and Washington, D. C., and im¬ 
mediate environs thereof, in such way 
as to produce increased lading and more 
efficient utilization of motor vehicles, and 

It further appearing that the pro¬ 
posed coordination of operations is nec¬ 
essary in order to assure maximum util¬ 
ization of the facilities, services and 
equipment, and to conserve and provi¬ 
dently utilize vital equipment, materials 
and supplies, of the carriers, and to 
provide for the prompt and continuous 
movement of necessary traffic, the at¬ 
tainment of which purposes is essential 
to the successful 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 
into operation forthwith, subject to the 
following provisions, which shall super¬ 
sede any provisions of such plan that 
are in conflict therewith. 

2. Each of the carriers shall forthwith 
file a copy of this order with the appro¬ 
priate regulatory body or hodies 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 prac¬ 
tices of the carrier which may be neces¬ 
sary 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 effec¬ 
tive on the shortest notice lawfully per¬ 
missible, but not prior to the effective 
date of this order. 

3. Shipments diverted in execution of 
the plan shall be transported pursuant 
to the lawfully applicable rates, charges, 
rules, and regulations of the diverting 

carrier. 

4. The provisions of this order shall 
not be so construed or applied as to re¬ 
quire any carrier named herein to per¬ 
form any service beyond its transporta¬ 
tion capacity, 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, 


‘Filed as part of the original document. 


the existing interstate or intrastate 
operating authority of any carrier 
named herein, 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 carrier’s 
possessing or obtaining the requisite 
operating 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 rea¬ 
sonable times by accredited representa¬ 
tives of the Office of Defense Transporta¬ 
tion. 

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-50” and. unless 
otherwise directed, should be addressed 
to the Division of Motor Transport, Of¬ 
fice of Defense Transportation, Wash¬ 
ington, D. C. 

8. This order shall become effective 
August 18, 1943. and shall remain in full 
force and effect until the termination of 
the present w'ar 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 14th 
day of August 1943. 

Joseph B. Eastman. 

Director . 

Office of Defense Transportation. 

[F. R. Doc. 43-13584; Filed, August 20, 1943; 

10:15 a. m.] 


[Supplementary Order ODT 3. Rev-52] 

Cook and Fulmer and Northern Pacific 
Transport Company 

COORDINATED OPERATIONS BETWEEN BUTTE 
AND DRUMMOND, MONTANA 

Upon consideration of a plan for joint 
action filed with the Office of Defense 
Transportation by Bruce Cook and Harry 
W. Fulmer, doing business as Cook and 
Fulmer, Billings, Montana, and Northern 
Pacific Transport Company, Billings, 
Montana, to facilitate compliance with 
the requirements of General Order ODT 
3, Revised, as amended (7 F.R. 5445, 6689, 
7694; 8 PH. 4660), a copy of which plan 
is attached hereto as Appendix 1,' and 
It appearing that the carriers propose 
by the plan to coordinate their operations 
as common carriers of property by motor 
vehicle between Butte and Drummond, 
Montana, and intermediate and off-route 
points, by suspending the transportation 
of certain shipments and by diverting 
traffic in such way as to produce in¬ 
creased lading and more efficient utili¬ 
zation of motor vehicles, and 
It further appearing that the proposed 
coordination 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 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 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 ove~ 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, oper¬ 
ations, 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. Shipments diverted in execution of 
the plan shall be transported pursuant to 
the lawfully applicable rates, charges, 
rules, and regulations of the diverting 
carrier. 

4. The provisions of this order shall 
not be so construed or applied as to re¬ 
quire either carrier named herein to per¬ 
form any service beyond its transporta¬ 
tion capacity, or to authorize or require 
any act or omission which is in violation 
of any law or regulation, or to permit 
either 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 
either carrier named herein, 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 ap¬ 
plication with all possible diligence. 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 repre¬ 
sentatives of the Office of Defense Trans¬ 
portation. 

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. 






11596 


FEDERAL REGISTER, Saturday, August 21, 1943 


7. Communications concerning this 
order should refer to “Supplementary 
Order ODT 3, Revised-52” and, unless 
otherwise directed, should be addressed 
to the Division of Motor Transport, 
Office of Defense Transportation, Wash¬ 
ington, D. C. 

This order shall become effective Au¬ 
gust 18, 1943, 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 14th 
day of August 1943. 

Joseph B. Eastman, 
Director , 

Office of Defense Transportation. 

IF. R. Doc. 43-13585; Filed, August 20, 1943; 

10:15 a. m.j 


Private Carriers of Property by Motor 
Vehicle 

recommendation of joint action plan by 

ITHACA, NEW YORK. FLORISTS 

Pursuant to a provision of a general 
order issued by the Office of Defense 
Transportation for the purpose, among 
others, of conserving and providently 
utilizing motor vehicles and vital equip¬ 
ment, materials, and supplies (General 
Order ODT 17. as amended, 7 F.R. 5678, 
7694. 9623; 8 P.R. 8278. 8377, 10910), I. 
Altschuler, doing business as Bool’s Flow- 
erdale, W. C. Lockwood, doing business 
as Lockwood Gardens—Florists, R. H. 
Lounsbery. doing business as Lounsbery 
Flowers, and Harold A. Pratt, doing busi¬ 
ness as Pratt’s Flower Shop, have filed 
with the Office of Defense Transporta¬ 
tion for approval a joint action plan 
relating to the transportation and de¬ 
livery by motor vehicle of flowers and 
related articles in Ithaca, New York. 

The four participants, comprising all 
of the florists of Ithaca and its imme¬ 
diate environs, plan to eliminate waste¬ 
ful operations in the transportation and 
delivery of flowers and related articles 
by pooling the use of their trucks. Each 
of the participants will make one de¬ 
livery of his own merchandise in each 
week, and in connection therewith will 
deliver merchandise for the other three 
participants: Provided, That the deliv¬ 
ering participant will not make any de¬ 
liveries forbidden or prohibited by any 
general or other order of the Office of 
Defense Transportation applicable to the 
transportation performed by the par¬ 
ticipants. In order that the delivering 
participant will be partly compensated 
in proportion to the number of packages 
being delivered, the other three partici¬ 
pants will pay for such deliveries at the 
rate of 10c per package. Only those 
packages having a minimum retail value 
of $1.50 and which comply with the size 
and weight requirements of General Per¬ 
mit ODT 17-25 will be offered for deliv¬ 
ery. No additional retail truck-deliv¬ 
eries or call backs will be made; the 
trucks of each of the four participants 
will be used for retail delivery only on 
one day in each week. The participants 


waive the privilege provided in General 
Permit ODT 17-25 of making a second 
delivery to hospitals during any one 
week. It is estimated that effectuation 
of the plan will result in a savings of 
approximately 1,700 truck miles per 
month. Joint selling activities are not 
contemplated. 

It appearing that the proposed joint 
action plan is in conformity with Gen¬ 
eral Order ODT 17, as amended, and 
that the effectuation thereof will ac¬ 
complish substantial conservation and 
efficient utilization of motor trucks and 
vital materials and supplies, the attain¬ 
ment of which purposes is essential to 
the successful prosecution of the war, 
I have approved the plan and recom¬ 
mend that the Chairman of the War 
Production Board find and certify under 
section 12 of Public Law No. 603, 77th 
Congress (56 Stat. 357), that the doing 
of any act or thing, or the omission 
to do any act or thing, by any person 
in compliance with said joint action 
plan, is requisite to the prosecution of 
the war. 

Issued at Washington, D. C., this 14th 
day of August 1943. 

Joseph B. Eastman, 

Director , 

Office of Defense Transportation. 

[F. R. Doc. 43-13586; Filed, August 20, 1943; 

10:15 a. m.j 


OFFICE OF PRICE ADMINISTRATION. 

[Order No. 1 Under MPR 293J 
Stock Millwork 
adjustable pricing 

Revision of Maximum Price Regulation 
No. 293, Stock Millwork, is now pending. 
It has been shown that authorization to 
use adjustable pricing, pending action 
on the petition, is necessary to promote 
production and distribution of the com¬ 
modities involved and that the granting 
of such authorization will not interfere 
with the purposes of the Emergency 
Price Control Act of 1942, as amended. 
Therefore, under authority vested in the 
Price Administrator by the Emergency 
Price Control Act of 1942, as amended, 
and Executive Orders No. 9250 and 9328 
and in accordance with § 1413.58 (c), It 
is ordered: 

(a) Persons subject to Maximum Price 
Regulation No. 293 may sell and deliver 
or buy and receive stock millwork at 
prices adjustable to those established by 
Revised Maximum Price Regulation No. 
293 when issued by the Office of Price 
Administration. 

(b) This order shall be automatically 
revoked upon the issuance of Revised 
Maximum Price Regulation No. 293. 

This order shall become effective Au¬ 
gust 19, 1943. 

Issued this 19th day of August 1943. 

Chester Bowt.es, 
Acting Administrator . 

(F. R. Doc. 43-13570; Filed. August 19, 1943; 

3:03 p. m.J 


List of Individual Orders Granting 
Adjustments, Etc. Under Price Regu¬ 
lations 

The following orders were filed with 
the Division of the Federal Register on 
August 19, 1943. 

Order Number and Name 

RMPR 122. Order 48, DeBardeleben Coal Co. 
MPR 136, Order 91, Naumer Electric Co. 
MPR 149, Order 5, Brunswlck-Balke- 
Collender Co. 

Copies of these orders may be obtained 
from the Office of Price Administration. 

Ervin H. Pollack, 

Head, Editorial & Reference Section. 

[F. R. Doc. 43-13616; Filed, August 20, 1943 ; 
11: 32 a. m.j 


Regional, State, and District Office 
Orders 

(Region I Order G-l Under 3 (c) 1 
Used Umbrella Frames in New England 

Order No. G-l under § 1499.3 (c) of 
the General Maximum Price Regulation, 

For the reasons set forth in an opinion 
issued simultaneously herewith and 
under the authority vested in the Re¬ 
gional Administrator of Region I of the 
Office of Price Administration by §1499.3 

(c) of the General Maximum Price,Reg¬ 
ulation and by General Order No. 32. It 
is hereby ordered , That: 

(a) Whenever a person selling or offer¬ 
ing to sell at wholesale or retail used 
umbrella frames is unable to determine 
the maximum price for such frames 
under § 1499.2 or §1499.3 (a) of the 
General Maximum Price Regulation, the 
maximum price at which any such per¬ 
son may sell or deliver such frames shall 
not exceed an amount equal to the 
applicable price for such frames as set 
forth in the following table, on a net 
f. o. b. seller’s location basis: 

Used Umbrella Frames 

Maximum 

Number of ribs: price for frame 

16_ 25 cents. 

7, 8 or 10_19 cents. 

(b) As used in this order, ‘‘used um¬ 
brella frame” means a used umbrella 
frame the ribs of which are neither bent 
nor broken, provided that a frame which 
includes an undamaged cover shall not 
be considered a “used umbrella frame.” 
The mere fact, however, that a frame 
includes a handle or a damaged cover, 
or both, shall not prevent such frame 
from being a “used umbrella frame.” 

(c) This order applies to all whole¬ 
sale and retail sales made by sellers lo¬ 
cated in New England of used umbrella 
frames, except sales exempted under the 
provisions of Supplementary Regulation 
No. 1 to the General Maximum Price 
Regulation. 

(d) In all particulars not specifically 
covered or excepted by this order sellers 
shall remain subject to the provisions 
of the General Maximum Price Regula¬ 
tion. 

(e) This order is subject to revocation 
or amendment by the Office of Price Ad- 











FEDERAL REGISTER, Saturday, August 21, 1943 


11597 


ministration at any time, either by spe¬ 
cial order, or by any Price Regulation 
issued hereafter, or by any supplement 
or amendment hereafter issued to any 
Price Regulation, the provisions of which 
may be contrary hereto. 

(f) This order shall become effective 
July 13, 1943, at 12:01 a. m. 

Issued this 12th day of July 1943. 

K. B. Backman, 
Regional Administrator. 

IF. R. Doc. 43-13545: Filed, August 19. 1943; 
11:23 a. m.l 


[Region I Order 0-12 Under 18 (c), 
Correction 1 

Fluid Milk in Massachusetts 

Correction to Order No. G-12, as 
amended, under section 18 (c) of the 
General Maximum Price Regulation. 
Special sales of fluid milk in Massachu¬ 
setts (formerly Price Order 12. as 
amended). 

The maximum price set forth in the 
third column of the schedule in section 
(2) in the line which reads as follows: 


Schools 

Contractors 

Price 

130 

H. P. Hood & Sons__ 

0.02225 



is corrected so that such line shall read as 

follows: 


Schools 

Contractors 

Price 

139 

II. P. Hood <fc Sons__ 

0.0225 



This correction shall become effective 
as of February 1,1943, at 12:01 a. m. 


(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871) 

Issued this 13th day of July 1943. 

K. B. Backman, 
Regional Administrator. 

IF. R. Doc. 43-13548; Filed August 19. 1943; 
11:24 a. m.] 


[Region I Order G-14 Under 18 (c). Arndt. 31 
Firewood in Massachusetts 

Amendment No. 3 to Order No. G-14 
under section 18 (c) of the General Max¬ 
imum Price Regulation. Hardwood- 
cordwood and firewood in Massachu¬ 
setts (formerly General Order No. 14). 

For the reasons set forth in an opinion 
issued simultaneously herewith and 
under the authority vested in the Re¬ 
gional Administrator of Region I of the 
Office of Price Administration by sec¬ 
tion 18 (c) of the General Maximum 
Price Regulation, It is hereby ordered , 
that subdivision (vi) be added to para¬ 
graph (a) (2), that paragraph (a) (4) 
be amended, and that subparagraph (3) 
of paragraph (g) be added, to read as 
set forth below: 

(a) • • • 

( 2 ) • • • 

(vi) ' Carrying” or "carry” means the 
service performed by the seller, at the 
buyer’s reouest. of placing wood in bas- 

No. ic:— e 


kets and carrying it from the delivery 
vehicle to a point on the buyer’s prem¬ 
ises designated by the buyer. 

• * * * • 

(4) Service charges, (i) A service 
charge may be added by the seller if, 
at the buyer’s request, the seller shall 
carry the wood into the buyer’s house or 
into any of his covered outbuildings, or to 
any other point on the buyer’s premises 
designated by the buyer, as follows: A 
charge of $2.50 per full cord or "cut¬ 
up” cord; $1.50 per half cord or "cut-up” 
cord; $1.00 per quarter cord or "cut-up” 
cord; and $.75 per eighth cord or "cut¬ 
up” cord. 

(ii) A service charge, in addition to 
the charge specified in subdivision (i) 
hereof, may be added by the seller if, at 
the buyer’s request, the seller shall neatly 
stack or pile the wood at a spot on the 
buyer’s premises designated by the buyer, 
as follows: A charge of $1.50 per full cord 
or "cut-up” cord; $1.00 per half cord or 
"cut-up” cord; and $.50 per quarter cord 
or "cut-up” cord. 

(iii) No carrying charge may be added 
to the maximum price for sales and de¬ 
liveries of quantities of less than one- 
eighth cord or “cut-up” cord, and no 
stacking or piling charge may be added 
to the maximum price for sales and de¬ 
liveries of less than one-quarter cord or 
"cut-up” cord. 

• • • • • 

(g) ♦ • • 

(3) Amendment No. 3 shall become 
effective July 8, 1943, at 12:01 a. m. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871; E.O. 9328, 8 F.R. 4681) 

Issued this 7th day of July 1943. 

K. B. Backman, 
Regional Administrator. 

[F. R. Doc. 43-13549; Filed. August 19, 1943; 

11:23 a. m.) 


[Region I Order G-16 Under 18 (c). MPR 280, 
MPR 329, Arndt. 6] 

Fluid Milk in Massachusetts 

Amendment No. 6 to Order G-16 under 
section 18 (c) of the Qeneral Maximum 
Price Regulation, § 1351.807 of Maximum 
Price Regulation 280, and § 1351.408 of 
Maximum Price Regulation 329. Fluid 
milk in the Commonwealth of Massachu¬ 
setts (formerly General Order 16). 

For the reasons set forth in an opinion 
issued simultaneously herewith and 
under the authority vested in the Re¬ 
gional Administrator of Region I of the 
Office of Price Administration by section 
18 (c) of the General Maximum Price 
Regulation, as amended by Amendment 
No. 33, by § 1351.807 of Maximum Price 
Regulation No. 280, and by § 1351.408 of 
Maximum Price Regulation No. 329, It is 
hereby ordered , That subparagraph (7) 
of paragraph (b) be amended, and that 
subparagraph (6) of paragraph (i) be 
added, to read as set forth below: 

(b) • • * 

(7) All other customary deposit 
charges and price differentials for special 
milk, including but not limited to Grade 
A milk, flavored milk, trade marked milk, 


and milk of specially high butterfat con¬ 
tent, or for milk distributed in special 
types of glass bottles, which any seller 
(or purchaser from a producer) had in 
effect during the base period, may be 
added to the maximum prices for stand¬ 
ard milk as fixed in this order. The base 
period to be used for computing all such 
differentials shall be: 

(i) For sales of fluid milk subject to 
the General Maximum Price Regulation, 
March. 1942. 

(ii) For sales of fluid milk subject to 
Maximum Price Regulation 280, the 
period September 28, 1942, to October 
2, 1942, inclusive. 

(iii) For purchases of fluid milk from 
producers subject to maximum Price 
Regulation 329, January. 1943. 

• • • • • 

Ci) • • • 

(6) Amendment No. 6 shall become 
effective July 14, 1943, at 12:01 a. m. 

Issued this 13th day of July 1943. 

K. B. Backman. 

Regional Administrator. 

(F. R. Doc. 43-13550; Filed, August 19, 1943; 

11:22 a. m ] 


[Region I Order G-22 Under 18 (c), MFR 
280, and MPR 329, Arndt. 3] 

Fluid Milk in Vermont 

Amendment 3 to Region I Order Num¬ 
ber G-22 under § 1499.18 (c) of the 
General Maximum Price Regulation, 
§ 1351.807 of Maximum Price Regulation 
No. 280: "Prices for Specific Food Prod¬ 
ucts”, and § 1351.408 of Maximum Price 
Regulation No. 329: "Purchases of Milk 
from Producers for Resale as Fluid 
Milk”. Fluid Milk in the State of 
Vermont. 

For the reasons set forth in an opinion 
issued simultaneously herewith and 
under the authority vested in the Re¬ 
gional Administrator of Region I of 
the Office of Price Administration by 
§ 1499.18 (c) of the General Maximum 
Price Regulation, as amended by Amend¬ 
ment 33. by § 1351.807 of Maximum Price 
Regulation 280 and by § 1351.408 of Max¬ 
imum Price Regulation 329: It is hereby 
ordered, That section (a) (8) be amended 
and that subsection (3) be added to 
section (f), to read as set forth below: 

(a) • • • 

(8) The maximum prices fixed in this 
order for standard milk shall be appli¬ 
cable whether the milk is pasteurized or 
raw, except that where pasteurized milk 
is delivered by a seller in a market other 
than the one in which its principal place 
of business is located, its maximum price 
for such milk shall be the maximum 
price for such milk in the market in 
which its principal place of business is 
located if such price is higher than that 
in the market in which it delivered the 
milk. Any purchaser which resells such 
pasteurized milk may increase its maxi¬ 
mum price therefor by the exact amount 
of the increase in the cost of such milk 
to it effected by this subsection (8). 

• ••••♦ 




















11598 


FEDERAL REGISTER, Saturday, August 21, 1943 


(f) • • • 

(3) Amendment 3 shall become effec¬ 
tive July 14. 1943, at 12:01 a. m. 

Issued this 13th day of July 1943. 

K. B. Backman, 
Regional Administrator. 

[F. R. Doc. 43-13551; Filed, August 19, 1943; 
11: 24 a. m.] 


[Region VI Order G-64 Under 18 (c) ] 
Milk in West Bend and Barton, Wise. 

Order No. G-84 under § 1499.18 (c) of 
the General Maximum Price Regulation. 
Adjustment of fluid milk prices for West 
Bend and Barton, Wisconsin. 

For reasons set forth in an Opinion 
issued simultaneously herewith and 
under the authority vested in the Reg¬ 
ional Administrator of the Office of 
Price Administration by § 1499.18 (c) of 
the General Maximum Price Regulation: 
It is hereby ordered: 

(a) Maximum Prices: 1. Maximum 
prices for sale and delivery of fluid milk 
in bottles and paper containers at whole¬ 
sale and retail in the West Bend and 
Barton, Wisconsin, area are hereby es¬ 
tablished as follows: 



Wholesale 

Retail 

Regular standard milk: 

Gallons._ 

Cents 

35 

CtrAs 

39 

Quarts. 

10 

12 

Pints . 

6 H 


llnlf pints.. 

4 

5 

Guernsey tirade A milk: 



Quarts... 

12 

14 

Pints. . .. 

Chocolate milk: 



Quarts__ 

11 

13 

Pints. 

6 

7 

HaU pints---- 

Buttermilk: 

4 

5 

Quarts____ 

8 

10 

Pints . ...... 

5 

6 

Half pints___ 

4 

5 





2. Where the maximum prices set 
forth above are expressed in terms of 
a half cent, the price charged for a 
single unit at retail may be increased 
to the next even cent. Home deliveries 
at retail and all sales at wholesale shall 
be considered multiple unit sales unless 
separate collections are made for single 
units delivered. 

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

1. Sales and deliveries within the 
West Bend and Barton, Wisconsin area 
shall mean: 

i. All sales and deliveries made within 
the city limits of West Bend and Bar¬ 
ton, Wisconsin and within an area of 
two miles of the city limits thereof; and 

ii. All sales and deliveries by any 
seller at or from an establishment the 
greater part of whose dollar volume of 
sales of fluid milk to buyers other than 
army camps and other institutional 
users is made to purchasers within the 
cities’ areas defined in (i) above; and 

iii. All sales and deliveries of fluid 
milk by any seller at retail at or from 
an establishment outside the area de¬ 
fined in (i) above and obtaining the 
major portion of its supply of milk from 
sellers at wholesale falling within sub¬ 
division (ii), above. 


2. Milk shall mean cows’ milk having 
a butterfat content of not less than 3.2 
per cent or the legal minimum estab¬ 
lished by statute or municipal ordinance, 
processed, distributed and sold for con¬ 
sumption in fluid form as whole milk. 

3. Sales at wholesale shall for the 
purposes of this order include all sales 
to retail stores, restaurants, army camps, 
prisons, schools, hospitals, and other in¬ 
stitutions. 

(c) Except as otherwise herein pro¬ 
vided, the provisions of the General 
Maximum Price Regulation shall apply. 

(d) This order may be revoked, 
amended or corrected at any time. 

This order shall become effective July 
19. 1943. 

(Pub. Laws 421 and 729, 77th Cong.; 
E.O. 9250, 7 FR. 7871) 

Issued this 14th day of July 1943. 

Raymond S. McKeough, 
Regional Administrator. 

(F. R. Doc. 43-13554; Filed. August 19. 1943; 

11:22 a. m.} 


[Region VII Order G-6 Under Rev. MPR 1221 

Bituminous Coal in Jackson Area 
of Wyoming 

Order No. G-6 under Revised Maxi¬ 
mum Price Regulation No. 122. Specific 
maximum prices for bituminous coal 
sold and delivered by dealers in the 
Jackson Area of the State of Wyoming. 

Pursuant to the Emergency Price Con¬ 
trol Act of 1942, as amended, § 1340.259 

(1) of Revised Maximum Price Regula¬ 
tion No. 122, and for the reasons set 
forth in an opinion issued simultane¬ 
ously herewith. It is hereby ordered: 

(a) Action taken. From and after 
the effective date hereof the maximum 
prices of dealers and sellers of bitu¬ 
minous coal of the kind and sizes as 
specified in the Jackson area of the 
State of Wyoming shall be as set forth 
below. 

(b) Specific maximum prices estab¬ 
lished by this order. Prices for bitu¬ 
minous coal produced in Sub-District 2 
of District 19 when sold and delivered by 
any person in the Jackson area shall be 
as follows: 

(1) Treated stoker slack coal, size 1%" 
and under—$8.00 per ton. 

(2) Nut coal, size 3" x 1V4"— $9.75 per ton. 

(3) Lump coal, size 3" and over—$10.25 
per ton. 

(c) Definitions. (1) ‘’Jackson area” 
means all of the area lying within the 
corporate limits of the municipality of 
Jackson, Wyoming, and extending a dis¬ 
tance of 3 miles beyond at all points. 

(2) "Free delivery zone" means all 
that part of the Jackson area in which 
the seller customarily delivered coal 
without extra charge during the period 
of December, 1941. 

(3) “Delivery charge” means the sum 
which a seller customarily charged dur¬ 
ing the period of December, 1941, for 
making delivery beyond his free delivery 
zone. 

(d) Free deliveries and delivery 
charges. (1) A dealer or seller shall not 
make any charge tor delivering bitu¬ 
minous coal to any buyer within the 


Jackson area if during the period of De¬ 
cember, 1941, he customarily made such 
delivery without extra charge. 

(2) A dealer or seller shall not charge 
more for making delivery of bituminous 
coal at any place in the Jackson area 
than he customarily charged for making 
such delivery during the month of De¬ 
cember, 1941. 

(e) Price adjustment to cover author¬ 
ized increase in supplier's maximum 
price. Any dealer or seller may add to 
the maximum prices hereby established 
for the kind and sizes of coal specified 
any increased cost which he may here¬ 
after be required to pay his supplier for 
such bituminous coal over the present 
maximum prices of his supplier f. o. b. 
mine or producing facility: Provided, 
however , That within ten days after any 
seller subject to this order has adjusted 
upward his maximum price for bitumi¬ 
nous coal upon the ground that an au¬ 
thorized mine cost increase has occurred, 
he shall report to the Denver Regional 
Office of the Office of Price Administra¬ 
tion the new price so determined, to¬ 
gether with a full and complete state¬ 
ment as to the manner in which he com¬ 
puted same and a written statement by 
his supplier certifying over his signature 
that such increase in mine cost has ac¬ 
tually occurred. 

(f) Right to revoke or amend. This 
order may be revoked, modified or 
amended at any time by the Price Ad¬ 
ministrator or the Regional Adminis¬ 
trator. 

(g) Effective date. This order shall 
become effective on July 12,1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871, E.O. 9328,8 F.R. 4681) 

Issued this 7th day of July 1943. 

Clem W. Collins, 
Regional Administrator. 

[F. R. Doc. 43-13540; Filed, August 19, 1943; 
11: 21 a. m.] 


[Region VII Order G-6 Under Rev. MPR 122, 
Arndt, lj 

Bituminous Coal in Jackson Area of 
Wyoming 

Order No. G-6 under Revised Maxi¬ 
mum Price Regulation No. 122, Amend¬ 
ment No. 1. Specific maximum prices 
for bituminous coal sold and delivered 
by dealers in the Jackson Area of the 
State of Wyoming. 

Pursuant to the Emergency Price Con¬ 
trol Act of 1942, as amended, § 1340.259 
(1) of Revised Maximum Price Regula¬ 
tion No. 122, and for the reasons set 
forth in an opinion issued simultaneously 
herewith, this Order No. G-6 is hereby 
amended as follows: 

1. Paragraph (e) of this order is 
hereby revoked. 

2. This amendment shall become effec¬ 
tive as of July 15, 1943. 

(Pub. Laws 421 and 729. 77th Cong.: E.O. 
9250, 7 F.R. 7871; E. O. 9328. 8 F.R. 4681) 

Issued this 14th day of July 1943. 

Clem W. Collins, 
Regional Administrator. 

[F. R. Doc. 43-13547; Filed. August 19, 1943; 
11:21 a. m.J 
























FEDERAL REGISTER, Saturday, August 21, 1943 


11399 


[Region VIII Order G-27 Under 18 (c) | 

Flaxseed Transport Between Certain 
Points in California 

Order No. G-27 under § 1499.18 (c) 
as amended of the General Maximum 
Price Regulation. Adjusted maximum 
prices for the transportation of flaxseed 
by motor carriers other than common 
carriers between certain points in Cali¬ 
fornia. 

For the reasons set forth in an opinion 
issued simultaneously herewith and un¬ 
der the authority vested in the Regional 
Administrator of the Office of Price Ad¬ 
ministration by § 1499.18 (c) as amended 
of the General Maximum Price Regula¬ 
tion: It is hereby ordered: 

(a) The adjusted maximum price 
which may be charged by any carrier 
other than a common carrier for the 
service of transporting flaxseed by mo¬ 
tor truck from any roadside point in Im¬ 
perial County, California, to the plant 
of any processor in the Counties of Los 
Angeles and Orange, California, is es¬ 
tablished to be $4.75 per ton. 

(b) This order may be amended, re¬ 
voked, or corrected at any time. 

(c) This order shall become effective 
upon its issuance. 

(Pub. Laws 421 and 729, 77th Cong.; E.O.. 
9250, 7 F.R. 7871) 

Issued this 14th day of July 1943. 

Frank E. Marsh. 

Regional Administrator. 

|F. R. Doc. 43-13552; Filed. August 19, 1943; 

11:20 a. m.J 


[Region VIIIOrder G-28 Under 18 (c) 1 

Firewood in Yakima County, Wash. 

Order No. G-28 under section 18 (c) of 
the General Maximum Price Regulation. 
Certain firewood in Yakima County, 
Washington. 

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 18 (c) 
as Amended of the General Maximum 
Price Regulation, It is hereby ordered: 

(a) The maximum prices for certain 
sales and deliveries of specified kinds of 
firewood in Yakima County. Washington, 
as established by sections 2 and 3 of the 
General Maximum Price Regulation or 
by any previous order issued pursuant to 
such regulation or to any supplementary 
regulation thereto, are hereby modified 
so that the maximum prices therefor 
shall be the prices set forth in para¬ 
graphs (b) and (c). 

(b) The maximum price for the sale 
of the specified kinds of firewood cut to 
24" or less shall be: 

1. For sales delivered to the premises 
of the consumer in the city of Yakima 
or in the area within five miles of the 
corporate limits thereof, 

(I) Fir forest wood, old or second growth, 
green or dry $14.25 per cord 

(II) Apple wood, green or dry $15.00 per 

cord 

2. For sales by a dealer, f. o. b. dealer’s 
yard or place of business in the city of 
Yakima or in an area within five miles 
of the corporate limits thereof, 


(I) Fir forest wood, old or second growth, 
green or dry $12.50 per cord 

(II) Apple wood, green or dry $13.00 per cord 

3. For sales to a dealer, delivered to 
the dealer’s yard or place of business in 
the city of Yakima or in the area within 
five miles of the corporate limits thereof, 

(I) FLr forest wood, old or second growth, 
green or dry $11.00 per cord 

(II) Apple wood, green or dry $11.00 per 
cord 

4. For sales to any person delivered on 
the ground in the woods within Yakima 
County. Washington, 

(I) Fir forest wood, old or second growth, 
green or dry $8.25 per cord 

(II) Apple wood, green or dty $9.00 per cord 

(c) The maximum prices established 
in paragraph (b) 4 are applicable only 
to firewood produced from standing or 
fallen trees or logs and sold in the near 
vicinity of the point of production. 

(d) No seller shall evade any of the 
provisions of this Order No. G-28 by 
changing the customary allowances, dis¬ 
counts, or other price differentials. 

(e) This order may be revoked, 
amended, or corrected at any time. 

This order shall become effective July- 
10, 1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871) 

Issued this 10th day of July, 1943. 

Leo F. Gentner, 

Acting Regional Administrator . 

[F. R. Doc. 43-13553; Filed August 19, 1943; 

11:19 a. m.J 


[Region I Order G-14 Under 18 (c), Corr. to 
Arndt. 3j 

Firewood in Massachusetts 

Correction of Amendment No. 3 to 
Order G-14 under section 18 (c) of the 
General Maximum Price Regulation. 
Hardwood-cordwood and firewood in 
Massachusetts (formerly General Order 
No. 14). 

The reference to subdivision (vi) of 
paragraph (a) (2), wherever it appears 
in Amendment No. 3, is corrected to re¬ 
fer to subdivision (vii) of paragraph (a) 

( 2 ). 

This correction shall become effective 
as of July 8, 1943, at 12:01 a. m. 

(Pub. Laws 421 and 729, 77th Cong.; E.O, 
9250, 7 F.R. 7871) 

Issued this 15th day of July 1943. 

K. B. Backman, 
Regional Administrator . 

IF. R. Doc. 43-13625; Filed, August 20, 1943; 
11:34 a. m.J 


(Region VI Order 0-10 Under MPR 329] 
Milk in Peoria, Illinois Area 

Order G-10 under Maximum Price 
Regulation No. 329. Purchase of milk 
from producers for resale as fluid milk. 
Adjustment of producers' milk prices in 
the Peoria, Illinois area. 

For the reasons set forth in an opinion 
issued simultaneously herewith, and un¬ 
der the authority vested in the Regional 
Administrator of the Office of Price Ad¬ 


ministration by § 1351.408 of Maximum 
Price Regulation No. 329, It is hereby 
ordered: 

(a) What this order does. This order 
establishes maximum prices which Pe¬ 
oria distributors may pay to producers 
for graded milk. Paragraph (b) of the 
order provides a basic maximum price 
which may be paid to any producer by 
any Peoria distributor. Paragraph (c) 
provides a premium price which may be 
paid only to certain producers. Para¬ 
graph (d) sets forth the producers to 
whom the premium price may be paid. 
No purchases of milk may be made at 
prices higher than the maximum prices 
established by this order. Lower prices 
may be paid. 

(b) Basic maximum price. Any Peoria 
distributor may pay to any producer for 
graded milk a price of $2.85 per cwt. 

<c) Premium price. In addition to the 
basic maximum price, a premium or pre¬ 
miums may be paid to certain producers 
by Peoria distributors who during Janu¬ 
ary 1943 paid such premiums. The pay¬ 
ment of such premiums shall, however, 
in no event make the total price higher 
than $3.05 per cwt. 

(d) To whom premiums may be paid. 
No distributor may pay any premium 
which will bring the total price above 
the basic price of $2.85 per cwt. to any 
producer except: 

1. A producer who during the period 
from May 15, 1943 to July 15. 1943 reg¬ 
ularly sold and delivered graded milk to 
the distributor paying such premiums; 
and 

2. A farmer who prior to the payment 
of any such premium produced no 
graded milk. 

(e) Transportation costs. The maxi¬ 
mum prices herein established are prices 
f. o. b. bottling plant or customary re¬ 
ceiving station. No part of any cost of 
transportation from farm to bottling 
plant or customary receiving station may 
be borne by the buyer if the effect there¬ 
of will be to increase the total price be¬ 
yond the maximum prices herein estab¬ 
lished. 

(f) Adjustments for varying butterfat 
content. The prices provided in this or¬ 
der refer to milk having a butterfat con¬ 
tent of 3.5%. To these prices may be 
added 5<* for each one-tenth of a pound 
of butterfat in excess of 3.5%; and from 
these prices must be deducted a mini¬ 
mum of 5<* for each one-tenth of a pound 
of butterfat below 3.5%. 

(g) Definitions. As used in this order: 

(1*) “Producer” shall mean any farmer 

or other person including any associa¬ 
tion of producers, selling graded milk to 
distributors. 

(2) “Graded milk” shall mean milk 
produced under sanitary conditions 
meeting all requirements of the City of 
Peoria or the requirements of the U. S. 
Army for type 2 no. n milk, sold for 
human consumption. 

(3) “Premium” means any monies paid 
as an inducement to a producer for the 
purpose of increasing the total graded 
milk production or the butterfat content 
of graded milk. It does not include any 
monies paid for color. 

(4) “Peoria distributors” means dis¬ 
tributors of milk for consumption in 
fluid form whose bottling establishments 








11600 


FEDERAL REGISTER, Saturday, August 21, 1943 


are located within Peoria or Tazewell 
counties, Illinois. 

(5) Unless the context otherwise re¬ 
quires, the definitions set forth irr 
§ 1351.404 of Maximum Price Regulation 
No. 329 and section 302 of the Emergency 
Price Control Act of 1942 as amended, 
shall be applicable to the terms used 
herein. 

(h) This order may be amended, cor¬ 
rected or revoked at any time. This or¬ 
der shall be effective as of July 16, 1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 P.R. 7871) 

Issued this 26th day of July 1943. 

Raymond S. McKeough, 
Regional Administrator . 

jF. R. Doc. 43-13626; Filed. August 20. 1943; 
11:34 a. m.l 


| Region VI Order G-80 Under 18 (c) and 
MPR 329] 

Fluid Milk in La Crosse, Wisconsin 

Order No. G-80 under § 1499.18 (c) of 
the General Maximum Price Regula¬ 
tion and Under Maximum Price Regula¬ 
tion No. 329—Purchase of Milk From 
Producers for Resale as Fluid Milk. Ad¬ 
justment of fluid milk prices for La 
Crosse, Wisconsin. 

For 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 § 1499.18 (c) of 
the General Maximum Price Regulation, 
and by § 1351.408 of Maximum Price 
Regulation No. 329, It is ordered: 

(a) Revocation of previous order . 
Order No. G-5, as amended, issued under 
Maximum Price Regulation No. 329, is 
hereby revoked and superseded by this 
Order No. G-80. 

(b) Maximum producer prices. The 
maximum price for milk sold for human 
consumption in fluid form which may 
be paid to producers by distributors sell¬ 
ing milk in La Crosse, Wisconsin, shall 
be $2.90 per cwt. for 3.5 percent milk 
plus 5? for each Vio of a pound of but- 
terfat in excess of 3.5 percent and less 

for each !4o of a pound of butter- 
fat below 3.5 per cent. 

(c) Maximum distributor prices . 
The maximum price for sale and de¬ 
livery of fluid milk in bottles and paper 
containers at wholesale and retail in 
the La Crosse, Wisconsin area shall be; 



Wholesale 

Retail 

Guernsey milk: 

Cent* 

Cents 

Quarts.. 

* 11 

14 

Standard milk and homogenized 
milk: 



Gallons..._ 

44 


Quarts. 

Pints. 

11 

13 

6 

7 

W pints---..- 

3)4 

5 

Vitamin "D" milk: 



Quarts... 

12 

13 

Buttermilk: 



Gallons.-. 

12 

15 

W Gallons. 

0 

8 

Quarts. 

4 

6 

Skim milk: 



Gallons. 

18 

23 

h Gallons.. 

10 

12 

Quarts.. 

6 

7 


(d) Definitions For the purposes of 
this order: 

(1) Sales and deliveries within the La 
Crosse, Wisconsin area shall mean: 


(1) All sales made within the city 
limits of La Crosse, Wisconsin and all 
sales at or from an establishment located 
in La Crosse. Wisconsin; and 

(ii) All sales of fluid milk by any seller 
at retail at or from an establishment ob¬ 
taining the major portion of its supply 
of milk from a seller at wholesale located 
within La Crosse, Wisconsin. 

(2) Milk shall mean cows’ milk having 
a butterfat content of not less than 3.2 
per cent or the legal minimum estab¬ 
lished by statute or municipal ordi¬ 
nance, bottled, distributed and sold for 
consumption in fluid form as whole milk. 

(3) Sales at wholesale shall for the 
purposes of this Order include all sales 
to retail stores, restaurants, army camps, 
prisons, schools, hospitals and other in¬ 
stitutions. 

(e) Except as otherwise herein pro¬ 
vided, the provisions of the General Max¬ 
imum Price Regulation shall apply. 

(f) This order may be revoked, amend¬ 
ed or corrected at any time. This order 
shall become effective July 21st, 1943. 

(Pub. Laws 421 and 729, 77th Cong.; 
E.O. 9250, 7 FJR. 7871) 

. Issued th^6th day of July 1943. 

R. S. McKeough, 
Regional Administrator . 

(F. R. Dec. 43-13617; Filed. August 20, 1943; 
11:32 a. m.J 


[Region VI Order G-81 Under 18(c)] 
Fluid Milk in Mascoutah, Illinois 

Order No. G-81 under § 1499.18 (c) of 
the General Maximum Price Regulation. 
Adjustment of fluid milk prices for Mas¬ 
coutah, Illinois. 

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 § 1499.18(c) of 
the General Maximum Price Regulation, 
it is hereby ordered; 

(a) Maximum prices . (1) Maximum 

prices for sale and delivery of fluid milk 
in bottles and paper containers at whole¬ 
sale and retail in the Mascoutah, Illinois 
area, as hereinafter defined, are hereby 
established as follows; 


Regular milk 

Wholesale 

Retail 

Gallon. 

Quart. 

Cents 

39 

11 

Cents 

44 

13 

WA 

5 

Pint.. 

*4 Pint . . . 

3 



(2) Where the maximum prices set 
forth above are expressed in terms of a 
half cent, the price charged for a single 
unit at retail may be increased to the 
next even cent. Home deliveries at re¬ 
tail and all sales at wholesale shall be 
considered multiple sales unless separate 
collections are made for single units 
delivered. 

(b) Definitions: For the purposes of 
ttiis order: 

(1) Sales and deliveries shall mean: 

(i) All sales and deliveries made 
within the city limits of Mascoutah, 
Illinois and all sales by sellers located 
in Mascoutah, Illinois; and 

(ii) All sales of fluid milk by any 
seller at retail at or from an establish¬ 


ment obtaining the major portion of its 
supply of milk from a seller at whole¬ 
sale located within Mascoutah, Illinois; 
and 

(iii) Notwithstanding the provisions 
of any other order issued by the Regional 
Administrator, the maximum prices 
herein provided shall be the only prices 
applicable to sales of milk delivered 
within the above area. 

(2) Milk shall mean cows’ milk having 
a butterfat content of not less than 3.2% 
or the legal minimum established by 
statute or municipal ordinance, proc¬ 
essed, distributed and sold for consump¬ 
tion in fluid form as whole milk. 

(3) Sales at wholesale shall for the 
purposes of this order include all sales 
to retail stores, restaurants, army camps, 
prisons, schools, hospitals and other 
institutions. 

(c) Except as otherwise herein pro¬ 
vided, the provisions of the General 
Maximum Price Regulation shall apply. 

(d) This order may be revoked, 
amended or corrected at any time. 

This order shall become effective July 
21, 1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871) 

Issued this 16th day of July. 1943. 

R. S. McKeough, 
Regional Administrator . 

[F. R. Doc. 43-13618; Filed. August 20, 1943; 

11:33 a. m.] 


[Region VI Order G-82 under 18 (c) and 
Under MPR 280] 

Fluid Milk in Neenah and Menasha, 
Wisconsin 

Order No. G-82 under § 1499.18 (c) of 
the General Maximum Price Regulation 
and under § 1351.807 (a) of Maximum 
Price Regulation No. 280, Adjustment 
of fluid milk prices for Neenah and 
Menasha, Wisconsin. 

For the reasons set forth in an opin¬ 
ion issued simultaneously herewith and 
under the authority vested in the Re¬ 
gional Administrator of the Office of 
Price Administration by § 1499.18 (c) of 
the General Maximum Price Regulation 
and under § 1351.807 (a) of Maximum 
Price Regulation No. 280, It is hereby 
ordered: 

(a) Maximum prices: 1. Maximum 
prices for sale and delivery of fluid milk 
in bottles and paper containers at 
wholesale and retail in the Neenah and 
Menasha, Wisconsin area are hereby es¬ 
tablished as follows: 



Whole¬ 

sale 

Retail 

Regular milk: 

Cents 

40 

Cents 

Gallon __ ...._.. t-- 

48 

Half-gallon____ -- 

:o 

25 

Quart ____ 

10W 

12W 

Pint . 

6 

7 

Ilalf-pint. 

3 

4 

Chocolate milk: 

Quart _......... 

12 

14 

Pint 

7 

j 

Half-pint . 

4 

6 

Buttermilk: 

Kill L- Doflon 

15 


Gallon ___ 

28 

_ — 

Quart.... 

8 

JL 

10 

Pint...— 

V 


























































FEDERAL REGISTER, Saturday, August 21, 1943 


11601 


2. Where the maximum prices set forth 
above are expressed in terms of a half 
cent, the price charged for a single unit 
at retail may be increased to the next 
even cent. Home deliveries at retail and 
all sales at wholesale shall be considered 
multiple unit sales unless separate col¬ 
lections are made for single units de¬ 
livered. 

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

d) Sales and deliveries within the 
Neenah and Menasha, Wisconsin area 
shall mean: 

(1) All sales made within the city 
limits of Neenah and Menasha, Wiscon¬ 
sin, and all sales at or from an establish¬ 
ment located in Neenah and Menasha, 

Wisconsin; and 

(ii) All sales of fluid milk by any seller 
at retail at or from an establishment ob¬ 
taining the major portion of its supply 
of milk from a seller at wholesale located 
within Neenah and Menasha, Wisconsin. 

(2) “Milk” shall mean cows’ milk hav¬ 
ing a butterfat content of not less than 
3.2 per cent or the legal minimum estab¬ 
lished by statute or municipal ordinance, 
processed, distributed and sold for con¬ 
sumption in fluid form as whole milk. 

(3) Sales at wholesale shall for the 

purposes of this order include all sales 
to retail stores, restaurants, army camps, 
prisons, schools, hospitals, and other 
institutions. % 

(c) Except as otherwise herein pro¬ 
vided. the provisions of the General 
Maximum Price Regulation shall apply. 

<d) This order may be revoked, 
amended or corrected at any time. 

This order shall become effective July 
21. 1943. 

<Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871) 

Issued this 16th day of July 1943. 

R. S. McKeough, 
Regional Administrator . 

|F. R. Doc. 43-13619: Piled. August 20. 1943; 

11:33 a. m.| 


[Region VI Order 0-83 Under 18(c) 1 
Fluid Milk in Cedarburg, Wisconsin 
Order No. G-83 under § 1499.18 (c) of 
the General Maximum Price Regulation. 
Adjustment of fluid milk prices for 
Cedarburg, Wisconsin. 

For the reasons set forth in an opin¬ 
ion issued simultaneously herewith and 
under the authority vested in the Re¬ 
gional Administrator of the Office of 
Price Administration by § 1499.18(c) of 
the General Maximum Price Regulation, 
It is hereby ordered: 

(a) Maximum prices . (1) Maximum 

prices for sale and delivery of fluid milk 
in bottles and paper containers at whole¬ 
sale and retail in the Cedarburg, Wis¬ 
consin area, as hereinafter defined, are 
hereby established as follows: 



Wholesale 

Retail 

Regular milk: 

Cent* 

Cefl/J 

(<alions. 

38 

42 

quarts. 

11 

12 

Pints.... 



11 all-pints. 

3 

Chocolate milk: 
quarts. 

11 

12 

12 ounces. . 

4H 

SH 

Half-pints. 

3 

Buttermilk: Quarts. 

5 


(2) Where the maximum prices set 
forth above are expressed in terms of a 
half cent, the price charged for a single 
unit at retail may be increased to the 
next even cent. Home deliveries at re¬ 
tail and all sales at wholesale shall be 
considered multiple unit sales unless 
separate collections are made for single 
units delivered. 

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

(1) Sales and deliveries shall mean: 

(1) All sales and deliveries made within 
the city limits of Cedarburg, Wisconsin, 
and all sales by sellers located in Cedar¬ 
burg, Wisconsin. 

(ii) All sales of fluid milk by any seller 
at retail at or from an establishment 
obtaining the major portion of its sup¬ 
ply of milk from a seller at wholesale lo¬ 
cated within Cedarburg, Wisconsin. 

(2) Milk shall mean cows’ milk having 
a butterfat content of not less than 3.2% 
or the legal minimum established by 
statute or municipal ordinance, proc¬ 
essed, distributed and sold for consump¬ 
tion in fluid form as whole milk. 

(3) Sales at wholesale shall for the 
purposes of this order include all sales to 
retail stores, restaurants, army camps, 
prisons, schools, hospitals and other in¬ 
stitutions. 

(c) Except as otherwise herein pro¬ 
vided, the provisions of the General 
Maximum Price Regulation shall apply. 

(d) This order may be revoked, 
amended or corrected at any time. 

This order shall become effective July 
21, 1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871) 

Issued this 16th day of July 1943. 

Raymond S. McKeough, 
Regional Adininistrator. 

[F. R. Doc. 43-13620: Filed. August 20. 1943; 
11:32 a. m.l 


[Region VII Rev. Order G-l Under MPR 1221 

Bituminous Coal in Uintah County, 
Utah 

Revised Order No. G-l under Maxi¬ 
mum Price Regulation No. 122. Revised 
order modifying prices for certain bitu¬ 
minous coal sold in Uintah County, Utah. 

Pursuant to the Emergency Price Con¬ 
trol Act of 1942. as amended, § 1340.257 
(b) of Maximum Price Regulation No. 
122, and for the reasons set forth in an 
opinion issued simultaneously herewith. 
Order No. G-l is redesignated Revised 
Order No. G-l as above set forth and is 
amended to read as follows: 

(a) What this order does . This order 
adjusts maximum prices for sales of bitu¬ 
minous coal produced in Subdistrict 17 
of District 17 as defined in the Bitumi¬ 
nous Coal Act of 1937, as amended, when 
delivered in Uintah County, Utah, by per¬ 
sons subject to Maximum Price Regula¬ 
tion No. 122 by reflecting in such ad¬ 
justment the increased mine costs to the 
sellers in question since Order No. G-l 
was issued on November 28, 1942. 

(b) Specific maximum prices. The 
maximum prices for bituminous coal as 
described in paragraph (a) hereof when 
sold and delivered in Uintah County, 


Utah, by persons subject to Maximum 
Price Regulation No. 1£2 shall be, sub¬ 
ject to the exceptions stated below, as 
follows: 

(1) 6" Bituminous lump coal. $6.35. 

(2) 1^x6" Bituminous nut, $5.85. 

(3) 1 l / 2 x0" Bituminous slack (oil), $4.85. 

(4) 1^x0" Bituminous slack (raw), $4.60. 

(c) Exceptions . (1) These prices shall 
not apply to sales of bituminous coal de¬ 
livered to the purchaser from a mine or 
preparation plant in a truck or wagon 
owned by, or subject to the control of 
the producer of the bituminous coal, or 
of a distributor thereof, such sales be¬ 
ing made subject to Maximum Price Reg¬ 
ulation No. 120. 

(2) Any seller who has established 
maximum prices under Maximum Price 
Regulation No. 122 that are higher than 
the prices fixed by this order, may con¬ 
tinue to sell at such higher established 
maximum prices and the same shall not 
be modified or superseded by this order. 

(d) Customary discounts and allow¬ 
ances must be maintained. Sellers af¬ 
fected by this revised order shall not 
change their customary allowances, dis¬ 
counts or other established price differ¬ 
entials unless such change results in a 
lower price. 

(e) Right to revoke or amend. This 
revised order may be revoked, modified 
or amended at any time by the Price 
Administrator or the Regional Admin¬ 
istrator. 

(f) Effective date . This revised order 
shall become effective retroactively as of 
July 12, 1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250. 7 F.R. 7871, E.O. 9328, 8 F.R. 4681) 

Issued this 16th day of July 1943. 

Clem W. Collins, 
Regional Administrator . 

[F. R. Doc. 43-13622; Filed. August 20. 1943; 

11:34 a. m.l 


[Region vm Order G~4 Under MPR 165, 
Arndt. I] 

Food Packing and Drying in West 
Coast Region 

Amendment No. 1 to Order No. G-4 
under Maximum Price Regulation No. 
165 as amended—Services. 

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 § 1499.114 (d) of 
Maximum Price Regulation No. 165 as 
amended, It is hereby ordered , That 
Order No. G-4 under Maximum Price 
Regulation No. 165 as amended be 
amended in the following particulars; 

The portion of paragraph (a) which 
precedes subparagraph (1) thereof is 
amended to read as follows: 

(a) The adusted maximum price for 
the service of cleaning seed and for the 
service or services of packing, drying and 
dehydrating fruits (except citrus fruit 
and except apples and pears grown in 
the State of Washington), vegetables, or 
rice, including related services, but not 
including canning, sold and supplied by 
any person located in Region VUI, shall 
be the sum of the following: 



























11602 


FEDERAL REGISTER, Saturday, August 21, 1943 


This amendment shall become effec¬ 
tive July 15, 1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871) 

Issued this 14th day of July 1943. 

Frank E. Marsh, 
Regional Administrator. 

IP. R. Doc. 43—13623; Filed. August 20, 1943; 
11:34 a. m.J 


(Region VIII Order G-5 Under MPR 165J 

Clearing and Weeding Service in 
Los Angeles, Calif. 

Order No. G-5 under Maximum Price 
Regulation No. 165 as amended— 
Services. 

For the reasons set forth in an opin¬ 
ion issued simultaneously herewith and 
under the authority vested in the Re¬ 
gional Administrator of the Office of 
Price Administration by § 1499.114 (d) of 
Maximum Price Regulation No. 165 as 
amended. It is hereby ordered: 

(a) The maximum price which any 
person may charge the City of Los An¬ 
geles, California, for the service sup¬ 
plied to the City of Los Angeles of clear¬ 
ing lots and unoccupied land of weeds 
by the use of farm equipment as herein¬ 
after described, supplied and operated 
by the seller of the service, shall be the 
applicant’s existing maximum price as 
established under Maximum Price Regu¬ 
lation No. 165 as amended, or the appli¬ 
cable adjusted maximum price set forth 
below, whichever is higher; 

Adjusted maximum prices per hour 

Crawler type tractors with equipment 
for Plowing or discing, Including 
equipment for transporting tractor 
from lot to lot: 

Rated 15 H. P. or less_$3.00 

Rated more than 15 H. P. but not 
more than 25 H. P_ 4. 50 

Rated more than 25 H. P_ 5. 00 

Pneumatic-tired tractors with equip¬ 
ment for plowing or discing_ 3.35 

Pneumatic-tired tractors with equip¬ 
ment for mowing_ 3. 50 

(b) This o r d er may be revoked, 
amended or corrected at any time. 

(c) This order shall become effective 
upon its issuance and shall apply to 
services rendered on or after April 1, 
1943. 

(Pub. Laws 421 and 729, 77th Cong.; E.O. 
9250, 7 F.R. 7871) 

Issued this 14th day of July 1943. 

Frank E. Marsh, 
Regional Administrator . 

(P. R. Doc. 43-13624; Filed. August 20, 1943; 

11:34 a. m.J 


[Boise Order G-l Under 4 (c) of MPR 376 and 
Delegation Order 10, Arndt. 1 \ 

Tomatoes in Boise, Idaho District 

Order No. G-l under section 4 (c) of 
Maximum Price Regulation 376 and Re¬ 
gion VII Delegation Order No. 10, 
Amendment No. 1. Adjustment of max¬ 
imum prices for “Certain Fresh Fruits 
and Vegetables, When Sold Otherwise 
Than at RetaiT in the Boise, Idaho Dis¬ 
trict. 


Pursuant to the Emergency Price Con¬ 
trol Act of 1942, as amended, and section 
4 (c) of Maximum Price Regulation 
376, and to the authority delegated to 
the District Manager of the Boise Dis¬ 
trict Office by Region VII Delegation Or¬ 
der No. 10 and for the reasons set forth 
in an opinion issued simultaneously 
herewith. It is hereby ordered , That the 
above described order be amended in the 
following respects: 

Section K (2) (I) is added to read as 
follows: 

(i) To the maximum price computed 
under section K (1) and (2) for “toma¬ 
toes”, one of the “listed commodities” 
covered by Order G-l of the Boise Dis¬ 
trict Office, an addition of 75c for a 28-30 
pound lug, box or crate, and 500 for a 20 
pound minimum lug, box or crate, may 
be added by a primary distributor of any 
class who warehouses, stores, ripens, re¬ 
packs and resells to intermediate whole¬ 
salers or retailers from his warehouse, 
any “tomatoes” grown outside the Boise 
Idaho District. The resulting figure shall 
constitute a new “net cost” for such pri¬ 
mary distributor, and the base price for 
all subsequent intermediate sellers and 
retailers. 

This amendment shall become effec¬ 
tive July 16, 1943. 

(Pub. Laws 421 and 729, 77th Congress; 
E.O. 9250, 7 F.R. 7871 and E.O. 9328, 
8 F.R. 4681) 

Issued this 16th day of July 1943. 

C. C. Anderson. 

District Manager. 

[P. R. Doc. 43-13621; Filed, August 20. 1943; 

11:33 a. m.J 


SMALLER WAR PLANTS CORPORA¬ 
TION. 

Walnut Gunstocks, Inc. 

recommendation of formation of war 
production association 

Walnut Gunstocks, Inc., 539 Postal 
Station Building, Indianapolis, Indiana, 
is a War Production Association com¬ 
prising the five companies listed in Ap¬ 
pendix I, 1 which have saw mill and wood 
working facilities. The purpose of this 
Association is to combine the facilities 
and skills of the member companies for 
the manufacture of articles, equipment, 
supplies and materials for war and es¬ 
sential civilian requirements, and more 
particularly walnut gun stocks, hand 
guard blanks and aircraft veneers. The 
activities of the Association will relate 
solely to war and essential civilian work, 
and will terminate within six months 
after the end of the war. 

In my opinion the formation and op¬ 
eration of Walnut Gunstocks, Inc., is 
appropriate to the fulfillment of the 
purposes of Public Law 603, 77th Con¬ 
gress, approved June 11, 1942 (56 St at. 
351) and Executive Order No. 8891 of 
September 4, 1941. I have therefore ap¬ 
proved the Plan of Organization, Pro¬ 
cedure and Objectives of Walnut Gun- 
stocks, Inc., and recommend that the 


1 Piled as part of the original document. 


Chairman of the War Production Board 
find and certify under section 12 of 
Public Law 603. 77th Congress (56 Stat 
351) that the doing of any act or thing, 
or the omission to do any act or thing 
by any person in compliance with said 
Plan is requisite to the prosecution of 
the war (See Certificate 110, infra). 

Issued at Washington, D. C. t this 9th 
day of August 1943. 

J. A. R. Moseley, 
Acting Chairman. 

Appendix I 

Amos-Thompson Corp., Edinburg, Indiana. 

Chester B. 8tem, Inc., New Albany, Indi¬ 
ana. 

Frank Purcell Walnut Lumber Company, 
Kansas City. Kansas. 

Midwest Walnut Company, Council Bluffs, 
Iowa. 

Pierson-Hoilowell Co., Inc., Indianapolis, 
Indiana. 

[F. R. Doc. 43-13593; Piled, August 20, 1943; 

10:16 a. m.] 


WAR FOOD ADMINISTRATION. 

(Docket No. AO 166-All 

Handling of Milk in Cincinnati, Ohio. 

Marketing Area 

NOTICE OF HEARING 

Proposed amendments to the tenta¬ 
tively approved marketing agreement, as 
amended, and the order, as amended, 
regulating the handling of milk in the 
Cincinnati, Ohio, marketing area. 

Pursuant to the Agricultural Market¬ 
ing Agreement Act of 1937, as amended 
(7 U.S.C. 1940 ed. 601 et seq.), and in 
accordance with the applicable rules of 
practice and procedure (7 CFR, 1941 
Supp., 900.1-900.17; 7 F.R. 3350; 8 FR. 
2815), notice is hereby given of a hear¬ 
ing to be held at the Netherland-Plaza 
Hotel, Cincinnati, Ohio, beginning at 10 
a. m., e. w. t., August 25, 1943. with re¬ 
spect to proposed amendments to the 
tentatively approved marketing agree¬ 
ment, as amended, and the order, as 
amended, regulating the handling of 
milk in the Cincinnati, Ohio, marketing 
area. These amendments have not re¬ 
ceived the approval of the War Food 
Administrator. 

This public hearing is for the purpose 
of receiving evidence with respect to the 
economic or marketing conditions which 
relate to the amendments or any modifi¬ 
cation thereof, which are hereinafter set 
forth. The amendments which have 
been proposed are set forth below: 

amendments proposed by the cooperative 

PURE MILK ASSOCIATION AND THE CINCIN¬ 
NATI SALES ASSOCIATION 

1. Delete § 965.7 (a) (1) and (2) and 
substitute therefor the following: 

(1) Class I milk, $4.35. 

(2) Class II milk, $3 50: Provided , That 
in no event shall the Class II price be less 
than twenty-five cents ($.25) higher 
than the Class HI price as provided in 
(a) (3) of this section. 

2. Add as § 965.10 (c) the following: 

(c) Cooperative payments . Any co¬ 
operative association of producers may 
apply to the Secretary for a determina¬ 
tion of its qualifications to receive pay- 
















FEDERAL REGISTER, Saturday , August 21 , 1943 


11603 


ments pursuant to this paragraph by 
reason of its having and exercising full 
authority in the sale of the milk of its 
members; arranging for and supplying, 
in a manner commensurate with the 
marketing capacity of the several types 
of cooperative associations designated in 
this paragraph, in times of short supply, 
Class I milk to the marketing area; 
securing utilization of milk, in times of 
long supply, in a manner to assure the 
greatest possible returns to all pro¬ 
ducers; having its entire activities under 
the control of its members; and comply¬ 
ing with all provisions of this order 
applicable to it. 

After the Secretary has determined 
any cooperative to be qualified to re¬ 
ceive payments pursuant to this para¬ 
graph, such cooperative shall, from time 
to time, as requested by the market ad¬ 
ministrator, make reports to the market 
administrator with respect to services 
rendered to the market and the use of 
the sums received under this paragraph. 
Whenever the market administrator has 
reason to believe that any cooperative 
qualified by the Secretary is failing to 
perform the obligations covered by the 
payments under this paragraph, he shall 
suspend and hold in reserve such pay¬ 
ments, notifying the Secretary and the 
cooperative of his action and the reasons 
therefor. Such suspended payments 
shall be held in reserve until the Secre¬ 
tary has, after hearing, disqualified such 
cooperative or ruled upon the perform¬ 
ance of the cooperative and either 
ordered the suspended payments to be 
paid to the cooperative in whole or in 
part or disqualified the cooperative, in 
which event the balance of payments 
held in reserve shall be returned to the 
producer-settlement fund. 

The market administrator shall make 
the payments authorized by this para¬ 
graph, or issue credit therefor, out of 
the producer-settlement fund on or be¬ 
fore the 25th day of each month, subject 
to verification of the reports upon which 
such payment is based. Such payments 
shall be made to each cooperative asso¬ 
ciation of producers under the following 
conditions and at the following rates; 

1. One half of one cent per hundred¬ 
weight of milk received from producers at 
any handler's plant which was caused to be 
delivered from Its members by such asso¬ 
ciation and on which such handler has made 
the reports and payments required by this 
order; 

2. Three cents per hundredweight of milk 
received from producers at plants operated 
by such association and, If, in addition to 
the other qualifications, such association has 
l>een determined by the Secretary to have 
sufficient plant capacity to receive all the 
milk of producers who are members and to 
be willing and able to receive milk from 
producers not members, three cents per 
hundredweight of milk received from pro¬ 
ducers which was caused by it to be de¬ 
livered to any other complying handler and 
which is reported and collected for by such 
association. 

AMENDMENTS PROPOSED BY THE CINCINNATI 
SALES ASSOCIATION 

1. Delete “(b), (c) and*’ from § 965.7 
(a). 

2. Delete § 965.7 (b) Price of Class I 
Milk Disposed of Outside the Marketing 
Area. 


3. Delete § 965.7 (c) Price of Class l 
Milk Disposed of for Relief Distribution. 

AMENDMENTS PROPOSED BY THE COOPERA¬ 
TIVE PURE MILK ASSOCIATION 

1. Delete § 965.8 (a) and substitute 
therefor the following: 

(a) Computation'of uniform price. 
For each delivery period, the market ad¬ 
ministrator shall compute the uniform 
price per* hundredweight of milk re¬ 
ceived by handlers from producers, as 
follows: 

(1) Add together the values of milk 
as computed in § 965.7 (e) for handlers 
who made the payments to the producer- 
settlement fund as required by § 965.9 

(b); 

<2) Subtract the amounts computed 
pursuant to § 965.10 (a) (2); 

(3) Subtract, if the weighted average 
butterfat test of all milk received from 
producers by handlers whose milk is 
represented in the sum computed under 
(D of this paragraph, is greater than 
3.5 percent, or add, if the weighted aver¬ 
age butterfat test of such milk is less 
than 3.5 percent, an amount computed 
as follows; multiply the hundredweight 
of such milk by the variance of its 
weighted average butterfat test from 3.5 
percent, and multiply the resulting 
amount by 50 cents If the average price 
of butter sold at wholesale in the Chicago 
market during the delivery period, as 
reported by the United States Depart¬ 
ment of Agriculture, was more than 40 
cents; or by 40 cents if such average price 
of butter was more than 30 cents but not 
more than 40 cents; or by 30 cents if 
such average price of butter was 30 
cents or less; 

(4> Add the cash balance in the pro¬ 
ducer-settlement fund; 

(5) Divide by the total hundredweight 
of milk of producers represented in the 
sum computed pursuant to (1) of this 
paragraph; and 

(6i Subtract from the figure obtained 
in (5) of this paragraph not less than 
4 cents nor more than 5 cents per hun¬ 
dredweight for the purpose of retain¬ 
ing a cash balance to provide against 
errors in reports and in payments by 
handlers. The result shall be known as 
the uniform price per hundredweight for 
such delivery period for milk of pro¬ 
ducers which contains 3.5 percent of 
butterfat. 

2. Delete § 965.10 (a) and substitute 
therefor the following: 

(a) Calculation of payments for each 
producer. For each delivery period, the 
market administrator shall calculate 
the payment due each producer from 
whom milk was received during such de¬ 
livery period by a handler who paid into 
the producer-settlement fund in accord¬ 
ance with § 965.9 as follows: 

(1) Multiply the hundredweight of 
milk received from each producer by the 
uniform price computed in accordance 
with § 965.8 (a): Provided. That if the 
milk of such producer was of a weighted 
average butterfat content other than 3.5 
percent, there shall be added or sub¬ 
tracted for each one-tenth of 1 percent 
variance above or below 3.5 percent, 5 
cents if the average price of butter de¬ 
scribed in § 965.8 (a) (3) was more than 


40 cents; 4 cents if such average price of 
butter was more than 30 cents but not 
more than 40 cents; or 3 cents if such 
average price of butter was 30 cents or 
less. 

(2) Subtract in each case, the amount 
of the payment made pursuant to § 965.9 
(a), and the charges and the deductions, 
if any, whiclv are made pursuant to 
§ 965.9 (b). 

AMENDMENTS PROPOSED BY DAIRY AND POUL¬ 
TRY BRANCH, FOOD DISTRIBUTION ADMIN¬ 
ISTRATION 

1. Delete § 965.3 <a> (1) and substi¬ 
tute therefor the following: 

(1) “War Food Administrator" means 
the War Food Administrator of the 
United States or any officer or employee 
of the United States who is, or who may 
hereafter be, authorized to exercise the 
powers or perform the duties, pursuant 
to the act, of the War Food Adminis¬ 
trator. 

2. Review the definition of the mar¬ 
keting area (§ 965.3 (a) (2)) in the light 
of price proposal affecting § 965.7 (b). 

3. Delete the proviso in § 965.3 (a) (4) 
and all references to new producers 
wherever such references appear in any 
section. 

4. Amend the Class I, Class II, and 
Class III prices to the extent necessary 
to prevent the diversion of Cincinnati 
milk supplies to other fluid milk mar¬ 
kets or to manufacturing milk plants. 

5. Following the words “United States 
Department of Agriculture" in § 965.7 
and § 965.8 add: “or such other agency 
as hereafter may be authorized to per¬ 
form this price-reporting function." 

6. Delete the word “Secretary" and 
substitute therefor “War Food Adminis¬ 
trator" wherever the former appears in 
any section. 

7. Delete § 965.14 and substitute there¬ 
for the following; 

§ 965.14 Agents. The War Food Ad¬ 
ministrator may, by designation in writ¬ 
ing, name any officer or employee of the 
United States to act as his agent or 
representative in connection with any 
of the provisions hereof. 

Copies of this notice of hearing, of the 
tentatively approved marketing agree¬ 
ment, as amended, and the order, as 
amended, now in effect, may be procured 
from the Hearing Clerk, Office of the 
Solicitor, United States Department of 
Agriculture, in Room 1331 South Build¬ 
ing, Washington, D. C., or may be there 
inspected. 

Dated August 20, 1943. 

Marvin Jones, 

War Food Administrator. 

|F. R. Doc. 43-13598; Filed. August 20, 1943; 

11:14 a. m.| 


WAR PRODUCTION BOARD. 

[Certificate 110 ] 

Walnut Gun stocks, Inc. 

APPROVAL OF PLAN FOR FORMATION OF WAR 
PRODUCTION ASSOCIATION 

The Attorney General: I submit here¬ 
with a recommendation of the Acting 







11604 


FEDERAL REGISTER, Saturday , August 21, 1943 


Chairman of Smaller War Plants Cor¬ 
poration concerning the plan of or¬ 
ganization, procedure and objectives of 
Walnut Gunstocks, Inc., Indianapolis, 
Indiana, a war production association 
organized for the purpose of manufac¬ 
turing articles, equipment, supplies and 
materials for war and essential civilian 
requirements. 1 

For the purposes of section 12 of Pub¬ 
lic Law No. 603, 77th Congress (56 Stat. 
357), I approve the plan referred to in 
the recommendation; and after consul¬ 
tation with you, I hereby find and so cer¬ 
tify to you that the doing of any act or 
thing, or the omission to .do any act or 
thing, by any person in compliance with 
such plan is requisite to the prosecution 
of the war. 

Donald M. Nelson, 
Chairman. 

August 14, 1943. 

IF. R. Doc. 43-13592; Filed. August 20, 1943; 

10:16 a. m.] 


(Certificate 111) 

Transportation and Delivery of Flowers 
in Ithaca, N. Y, 

approval of odt order 

The Attorney General: I submit here¬ 
with a recommendation of the Director 
of the Office of Defense Transportation 
concerning a plan for joint action by 
Boors Flowerdale and others named 
therein with respect to the transporta¬ 
tion and delivery of flowers and related 
articles by motor vehicle in Ithaca, New 
York. 1 

For the purposes of section 12 of Pub¬ 
lic Law No. 603, 77th Congress (56 Stat. 
357), I approve the joint action plan de¬ 
scribed in the recommendation; and after 
consultation 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 any person in compliance 
with such joint action plan is requisite to 
the prosecution of the war. 

Donald M. Nelson. 

Chairman. 

August, 14, 1943. 

(F. R. Doc. 43-13587; Filed. August 20, 1943; 

10:16 a. m.J 


(Certificate 112) 

Coordination of Operations Between 
Butte and Drummond, Mont. 

APPROVAL OF ODT ORDER 

The Attorney General: I submit here¬ 
with - Supplementary Order ODT 3, 
Revised-52, issued by the Director of the 
Office of Defense Transportation with re¬ 
spect to coordinating the operations of 


> Supra . 


certain common carriers of property by 
motor vehicle between Butte and Drum¬ 
mond, Montana. 1 

For the purposes of section 12 of Public 
Law No. 603, 77th Congress (56 Stat. 357), 
I approve said order: and after consulta¬ 
tion 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 any person in compliance with Sup¬ 
plementary Order ODT 3. Revised-52, is 
requisite to the prosecution of the war. 

Donald M. Nelson, 
Chairman. 

August 14, 1943. 

(F. R. Doc. 43-13588; Filed. August 20. 1943; 

10:16 a. m.J 


(Certificate 113] 

Over-the-Road Service in Designated 
Eastern Cities 

APPROVAL OF ODT ORDER 

The Attorney General: I submit here¬ 
with Supplementary Order ODT 3, Re- 
vised-50. issued by the Director of the 
Office of Defense Transportation with 
respect to coordination of operations by 
three common carriers of property by 
motor vehicle in over-the-road service 
between common points and in collec¬ 
tion and delivery service over duplicate 
routes in the cities of Baltimore, New 
York, Philadelphia, Trenton, Newark and 
Washington, and environs thereof. 1 

For the purposes of section 12 of Public 
Law No. 603, 77th Congress (56 Stat. 
357), I approve said order; 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 
oi* thing, by any person in compliance 
with Supplementary Order ODT 3. Re- 
vised-50, is requisite to the prosecution 
of the war. 

. Donald M. Nelson, 
Chairman . 

August 14, 1943. 

(F. R. Doc. 43-13589; Filed, August 20, 1943; 

10:15 a. m.J 


Blackfeet Project, Mont, 
cancellation of stop construction order 

Builder: U. S. Department of the In¬ 
terior, Office of Indian Affairs, Washing¬ 
ton, D. C. Project: Blackfeet Project, 
Montana. 

The stop construction order issued 
December 16, 1942, and amended April 
2, 1943, is hereby cancelled. 

Issued August 20, 1943. 

War Production Board, 

By J. Joseph Whelan, 

Recording Secretary . 

(F. R. Doc. 43-13612; Filed, August 20. 1943; 
11:27 ft.xn.] 


Fort Peck Project, Mont. 

CANCELLATION OF STOP CONSTRUCTION ORDER 

Builder: U. S. Department of the In¬ 
terior, Office of Indian Affairs, Wash¬ 
ington. D. C. Project: Fort Peck Project, 
Montana. 

The stop construction order issued De¬ 
cember 16, 1942, is hereby cancelled. 
Issued August 20, 1943. 

War Production Board, 

By J. Joseph Whelan, 

Recording Secretary. 

(F. R. Doc. 43-13609: Filed, August 20, 1943; 
11:27 a. m.) 


Bonny Lane Road Project, Nev. 

CANCELLATION OF STOP CONSTRUCTION 
ORDER 

Builder: U. S. Department of the In¬ 
terior, Office of Indian Affairs, Wash¬ 
ington, D. C. Project: Bonny Lane Road, 
Shoshone, Nevada. 

The stop construction order issued 
November 19,1942 is hereby cancelled. 
Issued August 20, 1943. 

War Production Board, 

By J. Joseph Whelan, 

Recording Secretary. 

(F. R. Doc. 43-13611; Filed. August 20, 1943; 
11:27 a. m.j 


Wind Rtver Project, Wyo. 

CANCELLATION OF STOP CONSTRUCTION ORDER 

Builder: U. S. Department of the In¬ 
terior, Office of Indian Affairs, Washing¬ 
ton, D. C. Project: Wind River Project, 
Wyoming. 

The stop construction order issued 
December 16,1942, is hereby cancelled. « 
Issued August 20, 1943. 

War Production Board, 

By Joseph Whelan. 

Recording Secretary. 

[F. R. Doc. 43-13610; Filed, August 20. 1943; 
11:27 a. m.\ 


Pyramid Lake Project 

CANCELLATION OF STOP CONSTRUCTION ORDER 

Builder: U. S. Department of the In¬ 
terior, Office of Indian Affairs, Washing¬ 
ton, D. C. Project: Pyramid Lake Proj¬ 
ect, Nevada. 

The stop construction order issued De¬ 
cember 16,1942, is hereby cancelled. 
Issued August 20, 1943. 

War Production Board, 

By J. Joseph Whelan, 

Recording Secretary. 

[F. R. Doc. 43-13613; Filed. August 20. 1513; 
11:27 a. m.|