3cripta -feii legiste · ,on4al 4~-feii legiste3cripta o~ 1934 -% sr1 volume 7 &nitj21 washington,...

,ON4AL 4~

3CRIPTA

-FEII LEGISTEO~ 1934 -% SR1

VOLUME 7 1 &NITj2

Washington, Thursday, December 24, 1942

Regulations

TITLE 7-AGRICULTUREChapter IX-Agricultural Marketing

I Administration

PART 903--MIL IN THE ST. LOUIS, MIS-SOURI, MARETG AREA

HANDLING OF ILK

Order terminating certain provisionsof § 903.3 (b) and (e) (2) of the orde,as amended, regulating the handling ofmilk in the St. Louis, Missouri, market-ing area. -

Pursuant to the applicable provisionsof Public Act No. 10, 73d Congress, asamended and as reenacted and amendedby the Agricultural Marketing Agree-ment Act of 1937 (7 U.S.C. 1940 ed. 601et seq.), hereinafter referred to as the"act" and the provisions of the order,as amended, regulating the handling ofmilk in the St. Louis, Missouri, market-Ing area, it is hereby determined that theprovisions of such order which providethat flavored milk, flavored milk drinks,and buttermilk shall be classified asClass I milk are provisions which ob-struct and do not tend to effectuate thedeclared policy of the act with respectto the producers of milk defined in thesaid order; and such has been the casesince November 17, 1942, when the St.Louis, Missouri, health authorities, asan emergency measure made necessarythrough the shortage of "Grade A" milk,permitted such products to be madefrom other than "Grade A" milk.

It is, therefore, ordered, That the fol-lowing provisions of the order, as-amended, regulating the handling of

\ milk in the St. Louis, Missouri, market-ing area shall be, and hereby are, termi-nated effective as of 12:01 a. m., e. w. t.,November 17, 1942:

1. In § 903.3 (b) , the words "the skimmilk and butterfat of" and "flavored milkand milk drinks (of any butterfat test),and buttermilk"; and

2. In § 903.3 (e) (2), the words "fla-vored milk and milk drinks (of any but-terfat test), and buttermilk."

16 P.R. 6266, 7 P.R. 7793.

Done at Washington, D. C., this 22dday of December 1942. Witnezs myhand and the seal of the Department ofAgriculture.

[SEAL] Tnou=s J. FLAvnT,Assistant to the Secretary

of Agricultur.2

[F. R. Doe. 42-13744; Filed, Dcccmbcr 22,1042;4:01 p. m.j

TITLE 14-CIVIL AVIATION

Chapter I-Civil Aeronautics Board[Amendment CO-4, Civil Air RLu-atloaz]

PART 60-Am ThAmc RULEsPILOT CnTMFCATr-

At a session of the Civil AeronauticsBoard held at Its office in Washington,D. C. on the 16th day of December, 1942.

Acting pursuant to sections 205 (a)and 601 of the Civil Aeronautics Act of1938, as amended, the Civil AeronauticsBoard amends the Civil Air Regulationsas follows:'

Effective December 16, 1942, Part 60of the Civil Air Regulations is amendedas follows:

By amending § 60.301 to read as fol-lows: "

§ 60.30 Pilot certificates. No personshall pilot a civil aircraft in the UnitedStates unless such person holds a validpilot certificate issued by the Adminis-trator or an effective foreign pilot cer-tificate validated by the Administrator.Any person may operate the controls ofan aircraft if the aircraft is equippedwith fully functioning dual controls andone of the controLseats is occupied by aperson holding an appropriate pilot cer-tificate.

By the Civil Aeronautics Board.[sEAL] DAnwn; CimrAis Bnowin,

Secretary.[F. R. Doe. 42-13765; Filed. Deccmber 23,1942;

0:42 a. m.]16 P.R. 6201.2Acting pursuant to authority dclc,-atcd

by the Secretary of AgrIculture under theAct of April 4,1940. (f4 Stat. 81:1 P.R. 2050)

CONTE TSRULES AND REGULATIONS

AGrIcuLTJuAL ADJUSTURI;T AGENCY: PaAgricultural conservation, spe-

clal program for SouthernGreat Plains area, 1942____ 10323

Acnucunr= Ma u Z G Ans-nrs-Tni%TxO,,':

St. Louis, Mo., marketing area,handling of mJI ...... 10799

Brzurn;ous Co.AL DIVI Os :Hearings, etc.:

Co-operative Fuel Co., Inc.,e t ard 10320

District Board I 10320District Board 2__ _ 10321Farmers Elevator Service Co. 10320Sherwcod-Templeton Coal

Co, Inc., and Linton-Summit Coal Co., Inc--- 10321

CIvIL Amo,:Auncs Bo.=R:Air carriers:

Financial and statistical reportforms (2 documents)- 10300

Uniform system of accounts(2 documents)- --__ 10800

Pilot certificate 10799FIs ANm WU .T- Sa.vrcn:

Lacazoine National WildlifeRefuge, La.; amendment tofishing reulaton_ ...... 10320

Sabine National Wildlife Ref-uge, Ln.; order permitting

lhng' _ -10319FcoD.Arr Dnuc AD.usrAmrio.A:

Condensed milk, sweetened;hearing. 1S24

GcrIasL LUr OrriCE:Electrical plants and transmis-

sion lines, rights-of-wayover public lands and reser-vations_- 10314

South Dakota, stock drivewaywithdrawals ..... 10322

Iata ilO DEPAnn= r:Columbia Basin Project, wage

rates (2 documents)- -- 10322OyracE OF P-icE ADInsTnTrio;:

Adjustments, etc.:Dow Chemical Co -------- 10312Guilmette, Henry J. ----- 10324Laucks, L F., Inc- 10313Moline Paint Mfg. Co...... 10313Pant-ease Infant Wear Co__ 10313Paterson, Patrick W1 .... 10324Premium Petroleum Co--- 10825

(Continued on next page)10799

FEDERAL REGISTER, Thursday, December,24, 1942

FEDEIo REGISTER

Published daily, except Sundays, Alondays,and days following legal holidays by theDivision of the Federal Register, The NationalArchives, pursuant to the authority con-tained in the Federal Register Act, approvedJuly 20, 1936 (49 Stat. 500), under regula-tions prescribed by the Administrative Com-mittee, approved by the President.

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

The daily issue of the PmEEAL REGmTEnwill be furnished by mail to subscribers, freeof postage, for $1.25 per month or $12,50 peryear, payable in advance. Remit money or-'der payable to the Superintendent of Docu-ments directly to the Government PrhitingOffice, Washington, D. C. The charge forsingle copies (minimum, 100) varies in pro-portion to the size of the issue.

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

Telephone information: DIstrict 0525.

CONTENTS-Continued

OFFICE OF PRICE ADMINISTRATION-Continued.

Adjustments, et.-Continued. PageReliable Garage and P. J.

Ajello, Inc ----------- 10825Santee Heading Corp ------ 10813Tennessee Products Corp .... 10826

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

(MJPR 182, Am. 4) ---- 10811Waxed paper, etc. (MPR 129,

Am. 13) --------------- 10812Puerto Rico (MPR 183, Am. 14) - 10812TypewriterA (Ration Order 4A) - 10806

RECLAMATION BUREAU:Collbran Project, Colo.; 'first

f o r m reclamation with-drawals:

Owens Creek Reservoir Site- 10822Vega Reservoir Site -------- 10821

SECURITIES AND EXCHANGE COMMIS-SION:

Form and content of certainfinancial statements,

- amendment --------------- 10801Hearings, etc.:

Butler Suburban 'Water Co.and the Butler Water Co. 10829

Community Power and LightCo., et al -------------- 10826

Driscoll, Denis J., et al ------ 10826Gezieral Gas,& Electric Corp.- 10827Lehman Corp ------------- 10827Oklahoma Power and Water

Co. and the Middle WestCorp .- 10828

-Rauscher, John H., et al --- 10828,,Tri-City Utilities Co., et al___ 10828United Light and Power Co.,

et al ----------------- 10827SELECTIVE SERVICE SYSTEM:

Aliens, definition ------------- 10802Occupational certification, re-

opening and reconsideringclassification ------------ 10802

Reemployment reference card,order prescribing form.... 10802

CONTENTS-Continued

WAR PRODUCTION BOARD: PageCopper (M-9-b) -------------- 10802Ties, used cotton bale

(M-24-d) --------------- 10804Tire retreading, etc. (L-61) .... 10804Wall paper (L-177) ---------- 10805

[Regulations, Serial No. 249]

PART 202-AcCOUNTS AND REPORTS

FORMS OF FINANCIAL AND STATISTICALREPORTS OF AIR CARRIERS

Adopted by the Civil AeronauticsBoard at its offices in Washington, D. C.,on the 12th day of December 1942.,

The Civil Aeronautics Board, actingpursuant to the authority vested in itby the Civil Aeronautics Act of 1938, asamended, particularly sections 205 (a)and 407 (a) thereof, and deeming its ac-tion necessary to carry out the provisionsof said Act and to exercise its powersand perform its duties thereunder, here-by makes and promulgates the followingregulation:* Effective on the 12th day of December

1942, § 202.5 of the Economic Regula-tions ' Reports of Change in AircraftOivnership or Use by Air Carriers is re-pealed.

By the .Civil Aeronautics Board.[SEAL] DARWIN CHARLES BROWN,

Secretary.IF. R. Doe. 42-13763; Flled, December 23, 1942;

9:41 a. m.]

[Regulations, Serial No. 250]

PART 202-AccouNTS AND REPORTS

* FORMS OF FINANCIAL AND STATISTICALREPORTS OF AIR CARRIERS

Amendment No. 4 to § 202.1 of theEconomic Regulations.

Adopted by the- Civil * AeronauticsBoard at its offices in Washington,D. C., on the 12th day of December 1942.

The Civil Aeronautics Board, actingpursuant to the Civil Aeronautics Act of1938, particularly sections 205 (a) and407 (a) thereof, and deeming its actionnecessary to carry out the provisions ofsaid Act, land to exercise its powers andperform its duties thereunder, herebymakes and promulgates the followingregulation:

Effective December 21, 1942, § 202.12of the Economic Regulations is amendedby adding the following paragraph:

§ 202.1 Forms of ftnancial and statis-tical reports, of air carriers. * * *

(c) Each air carrier engaged in regu-larly scheduled interstate air transpor-tation within the continental limits ofthe United States and each air carrierengaged in regularly scheduled opera-tions within the Territory of Hawaiishall, for each month subsequent to Au-gust 31, 1942, in which such air carrierconducts any operations or performs anyservices under war contracts, makes afinancial and statistical report of such

17 P.R. 4130.2 7 F.R. 499, 5899, 9416.

war contract operation to the Boardusing the Monthly Report of War Con-tract Operations for Domestic Air Car-riers, CAB Form 2780-W, dated Decem-ber 11, 1942, and such amendmentsthereto as may hereafter be approvedby the Board. Such reports shall beprepared in accordance with the Instruc-tions set forth, and the originals ofsuch reports shall be filed with the Sec-retary of the Civil Aeronautics Boardat such times as are specified, In thesaid CAB Form 2780-W.

By the Civil Aeronautics Board,[SEAL] DARWIN CHARLES BnowVn,

Secretary,

IF. R. Dc. 42-13764: Filed, December 23,1942,9:41 a. m.]

[Orders, Serial Number 2073]PART 202-AccouNTs, RECORDS AND

REPORTS

UNIFORM SYSTEM OF ACCOUNTS FOR DOMESTIOAIR CARRIERS

Order prescribing Amendment No.4 tothe Uniform System of Accounts for Do-mestic Air Carriers.

Adopted by the Civil AeronauticsBoard at its offices In Washington, D, C,on the 12th day of December, 1942,

The Board acting pursuant to the CivilAeronautics Act of 1938, as amended,particularly sections 205 (a), 407 (a) and407 (d) thereof, and finding Its actionnecessary to carry out the provisions ofsaid Act, and to exercise Its powers andperform Its duties thereunder;

It is ordered, That section 32 of theUniform System of Accounts for Do-mestic Air Carriers' (CAB Form 2780Manual) as amended, be and the sameis further amended as set forth InAmendment No. 4 attached hereto,

By the Civil Aeronautics Board.[SEAL] DARWIN CHARLES BROWN,

Secretary.Amendment No. 4 to tle Uniform System

of AccountsSection 32 of the Uniform System of

Accounts for Domestic Air Carriers(CAB Form 2780 Manual) 2 Js amended asfollows, all of said amendments to beeffective on and after December 12th,1942, and to be applicable with respectto all repofts for periods commencingsubsequent to September 30, 1942:

1. By cancelling new page 32-11thereof now in effect, and substitutingtherefor first revised page 32-11, -said

-page to read as attached hereto.12. By cancelling new page, 32-12

thereof now In effect.

iF. R. Doc. 42-13773; Filed, December 23, 1942;9:42 a. i.]

[Orders, Serial Number 2072]

PART 202-AcCOUNTS, RECORDS ANDREPORTS

UNIFORM SYSTEM OF ACCOUNTS FOR DOIESTICAIR CARRIERS

Order prescribing Amendment No. 1to the Form, of Report of Financial and

17 P.R. 499.JForm filed as part of the original d~cu-

ment.

10800

FEDERAL REGISTER, Thursday, December 21, 1912

Operating Statistics for Domestic AirCarriers.

Adopted by the Civil AeronauticsBoard at its offees in Washington, D. C.on the 12th day of December 1942.

The Board finding that certainchanges are necessary in the form of theReport of Financial and Operating Sta-tistics for Domestic Air Carriers/ CABForm 2780, as prescribed by paragraph(a) of § 202.1 df the Economic Regula-tions, as amended; and

The Board acting pursuant to the CivilAeronautics Act of 1938, as amended,particularly sections 205 (a) and 407 (a)thereof, and finding its action necessaryto carry out the provisions of said Actand to perform its duties thereunder;

It is ordered, That the form of Re-port of Financial and Operating Statis-tics for Domestic Air Carriers, CAB Form2780,-be and same is amended as setforth in Amendment No. 1 attachedhereto.

By the Civil Aeronautics Board.[SEATl DnWIm CHARLES BRowN,

Secretary.Amendment No. 1 to the Form of Report

of Financial and Operating Statistibsfor Domestic Air CarriersThe form of -the Monthly Report of

Financial and Operating Statistics forDomestic Air Carriers, CAB Form 2780,2heretofore in effect is amended by can-celling all of said report form, and sub-stituting therefor the attached form ofReport of Financial and Operating Sta-tistics fed Domestic Air Carriers, CABForm 2780, composed of Schedules 1, 2,3, 4 (a), 4 (b), 5, 6, 7, 8, 9, 10, 11, 12 (a),12 (b), 13 and 14, inclusive. Saidamended report form shall be effectiveon and hfter December 12th, 1942, andshall be applicable with respect to thereports to be filed for October 1942, andthereafter.[P.R.Doc.42-13772; Piled, December 23,1942;

9:41 a. m.]

TITLE 17-COMMODITY ANDSECURITIES EXCHANGES

Chapter H--Securities and ExchangeCommission

PART 210--REGUAmoN S-X UNDER SECU-nrnxs AcT .or 1933, SEcunr is Ex-CHANGE ACT OF 1934, AND INvEsTUNTComANr ACT OF 1940

FOaM AND CONTENT OF CERTAIN FINANCIALSTATEDmNTS

The Securities and Exchange Commis-sion, acting pursuant., to authority con-ferred upon it by the.Securities Act of1933, particularly sections 7 and 19 (a)thereof, the Securities Exchange Act of1934, particularly sections 12, 13, 15 (d)and 23 (a) thereof, and the InvestmentCompany Act of 1940, particularly sec-tions 8, 30 and 38 (a) thereof, and deem-ing such action necessary and appropri-

17 P.R. 499.2Form faied as part -of the original docu-

ment.

ate In the public Interest and for the pro-tection of investors and necessary for theexecution of the functions vested In Itby the said Acts, hereby amends Part 210[Regulation S-X] as follows:

I. Section 210.3-01 [Rule 3-01] Isamended as follows:

The letter (a) Is inserted preceding thetext of the existing rule and the follow-ing paragraph is added thereto:

§ 210.3-01 Form, order, and ternd-nology. (a) * * *

(b) All money amounts required to beshown In financial statements and sched-ules may be expressed in thousands ofdollars, provided that an indication tothat effect Is inserted Immediately be-neath the caption of the statement orschedule, or at the top of each moneycolumn. Zeros need not be Inserted forthe omitted figures. The individualamounts shown need not be adjusted tothe nearest thousand if in a footnote ItIs stated that the failure of the Items toadd to the totals shown Is due to thedropping of amounts less than one thou-sand dollars.

3I. Section 210.3-02 [Rule 3-02] Isamended by deleting the third sentencethereof.

III. Caption 6 of § 2105-02 [Rule 5-02]Is amended by adding a new paragraph(e) as follows:

(c) Notwithstanding the provisions ofparagraphs (a) and (b) of this rule, noclassification of inventories shall be re-quired which Is in contravention of theCode of Wartime Practices.

IV. Section 210.5-04 [Rule 5-43 Isamended:

A. By deleting the period at the endof the first sentence of paragraph (a)(1) thereof and inserting the following:* * *, Provided, That-any suchschedule (other than Schedule I) maybe omitted if all the following conditionsexist:(i) The financial statements are being

filed as part of an annual or other peri-odic report;

(il) The information that would beshown in the respective columns of suchschedule would reflect no changes as to-any Issue of securities of the registrantor any significant subsidiary In excess of5% of the outstanding securities of suchIssue as shown in the most recently filedannual report containing such schedule;and

(iii) Any information required bycolumns G and H of Schedule =III-Capital shares, is shown in the relatedbalance sheet or in a footnote thereto.

B. By adding the following new para-graph (d) :

§ 210.5-04 What schedules are to beftled. * * *(d) If the Information required by any

schedule (including the footnotes there-to) may be shown in the related balancesheet without making such statementunclear or confusing, that procedure maybe followed and the schedule omitted.

V. Paragraph (a) (2) of § 210.5-04[Rule 5-04] Is amended by deleting thethird sentence thereof.

VI. The text of § 210.5-04 [Rule 5-04]following the caption, Schedule 3I-In-

vestments In securities of affiliates, isamended by deleting the period at theend thereof and adding the following:

" *, 'Provided, That this schedulemay be omitted If (1) neither the sum ofcaptions 9 and 10 in the related balancesheet nor the amount of caption 29 insuch balance sheet exceeds 5% of totala- ets (exclusive of intangible assets) asshown by the related balance sheet ateither the beginning or end of the periodor (2) there have been no changes in theInformation required to be filed from thatlast previously reported.

VI. The text of § 210.5-04 [Rule 5-04]following the caption, Schedule IV-In-debtednezs of affillates-Not current, isamended by adding the following sen-tence at the end thereof:

This schedule may be omitted if (1)neither the sum of captions 9 and 10 inthe related balance sheet nor the amountof caption 29 In such balance sheet ex-ceeds 5% of total assets (exclusive of in-tangible assets) as shown by the relatedbalance sheet at either the beginning orend of the period, or (2) there have beenno changes in the Information requiredto be filed from that last previously re-ported.

VII. The text of §210.-04 [Rule5-04] following the caption, ScheduleV-Property, plant, and equipment, Isamended by deleting the period at theend thereof and adding the following:* * , Provided, That this schedulemay be omitted If the total shown bycaption 13 s less than 10% of total assetsexclusive of intan-ible assets as shownby the related balance sheet at both thebeginning and end of the period and ifneither the additions nor deductionsduring the period exceeded 10% of totalassets (exclusive of intangible assets) asshown by the related balance sheet.

IX The text of § 210.5-04 [Rule 5041following the caption, Schedule VI-Re-serves for depreciation, depletion, andamortization of property, plant, andequipment, Is amended by adding thefollowing sentence at the end thereof:

This schedule may be omitted if Sched-ule V Is omitted.

X. The text of § 210.5-04 [Rule 5-041following the caption, Schedule X-In-debtedness to affiliates-Not current, isamended by Inserting the following atthe end thereof:

This schedule may be omitted If (1)neither the sum of captions 9 and 10 inthe related balance sheet nor the amountof caption 29 in such balance sheet ex-ceeds 5% of total assets (exclusive of in-tangible assets) as shown by the relatedbalance sheet at either the beginning orend of the period, or (2) there have-beenno changes in the information requiredto be filed from that last previously re-ported.

=. The text of § 210.5-04 [Rule 5-041following the caption, Schedule XVI-Supplementary profit and loss informa-tion, Is amended by adding the followingsentence:

This schedule xhay also be omitted ifthe information required by columnsB and C and footnotes 4 and 5 thereofIs furnished In the profit and loss or

1OS01


income statement or in a footnotethereto.

XII. The text of 8 210.5-04 [Rule 5-04]following the caption Schedule XVII-Income from dividends-Equity In netprofit and loss of affiliates, is amended byadding the following statement:

This schedule may be omitted ifneither the sum of captions 9 and 10 inthe related balance sheet nor the amountof caption 29 in such balance sheet ex-ceeds 5% of total assets (exclusive ofIntangible assets) as shown by the re-lated balance sheet at either the be-ginning or end of the period.

XIII. Section 21C.12-06 [Rule 12-06-Property, plant, and equipment, isamended by adding the following sen-tence to note 3:

If neither the total additions nor thetotal reductionfs during the periodamount to more than 10% of the closingbalance and a statement to that effectis made, Columns B, C, D, and E may beomitted. In such case any informationrequired by notes 4, 5, and 6 shall; how-ever, be given and may be in sunmarizedform.

XIV. Section 210.12-08 [Rule 12-08],Intangible assets, is hmended by addingthe following sentence to note 3:

If neither the total additions nor thetotal reductions during the periodamount to more than 10% of the clos-ing balance and a statement to thateffect is made, Columns B, C, D and Emay be omitted by any company .otherthan a public utility company. Any in-formation required by note 4 or 5 shall,however, be given and may be in sum-marized form.

X XV. Section 210.12-14 [Rule 12-14],Capital shares, is amended by deletingthe period at the end of the first sen-tence of footnote 2 thereof, and insertingthe following:

* * , Provided, That when thisschedule is filed in support of a con-solidated statement, the information re-quired by Columns A to H inclusive neednot be given as to any consolidated sub-sidiary if all of the outstanding sharesof each Issue of capital shares (otherthan directors' qualifying shares) ofsuch subsdiary are held by one or moreof the persons included in such con-solidated statement; if the answer toColumns G and H would be none; andif a footnote indicating such omissionis given.

Effective December 22, 1942.By the Commission.[SEAL] ORvAL L. DuBoIs,

Secretary.[F. R. Doc. 42-13743Z Filed, December 22,1942;

3:00 p. m.]

TITLE 32-NATIONAL DEFENSEChapter VI-Selective Service System

IAmendment 111, 2d Ed.]

PART 626-REoPENING AND CONSIDERINGANEW REGISTRANT'S CLASSIFICATION

OCCUPATIONAL -CERTIFICATIONBy, virtue of the provisions, of the

Selective Training and Service ActI

of 1940 (54 Stat. 885, 30 U.S.C., Sup.301-318 inclusive); E.O. No. 8545, 5 F.R.3779, E.O. No, 9279, 7 F.R. 10177, and theauthority vested in me by the Chairmanof the War Manpower Commission in anAdministrative Order dated December5, 1942, Selective Service Regulations,Second Edition, are hereby amended inthe following respect:

1. Amend the regulations by adding anew section to be known as § 626.2-1 toread as follows:

§ 626.2-1 Action of local board whenOccupational Certification is on file inregistrant's Cover Sheet. When thelocal board, upon review at any time,determines that a registrant should beconsidered for classification into a classavailable for military service and anOccupationaI Certification (Form 42B) ison file in the registrant's Cover Sheet(Form 53), it shaft (1) notify the em-ployer by detaching and mailing to himthe Notice to Employer of ReopeiingClassification portion of the Occupa-tional Certification (Form 42B) and (2)allow the employer 15 days from the dateit mailed such notice in which to file anaffidavit-Occupational Clasification (in-dustrial) (Form 42A).

2. The foregoing amendment to theSelective Service Regulations shall beeffective immediatelygupon the filinghereof with the Division of the FederalRegister.

LEWIS B. HERSHEY,Director.

DECEMBER 22, 1942.

[F. R. Dc. 42-13759; Filed, December 23, 1942;9:17 a. m.]

[Amendment 112, 2d Ed.]

PART 601-DEFInITIofsALIENS

By virtue of the provisions of the Selec-tive Training and Service Act of 1940 (54Stat. 885, 50 U.S.C., Sup. 301-318, inclu-sive); E.O. No. 8545, 5 F-R. 3779, E.O.No. 9279, 7 F.R. 10177, and the authorityvested in me by the Chairman of the WarManpower Commission in an Adminis-trative Order dated December 5, 1942,Selective Service Regulations, SecondEdition, are hereby amended In the fol-lowing respect:

1. Amend paragraph (c) of § 601.21 toreadas follows:

§ 601.2 Aliens. * * *(c) The term "citizen or subject of a

neutral country" is used to designatean allen who is a citizen or subject of'acountry which is neither a cobelligerentcountry nor an enemy country.

2. The foregoing "amendment to theSelective Service Regulations shall be ef-fective immediately upon the filing hereofwith the Division of the Federal Register.

LEWIS B. HERSHEY,Director.

DEcEmBER 22, 1942.

[F. R. Doe. 42-13758; Filed, December 23, 1942;9:17 a. n.]

16 P.R. 6825.

[No 1531

REEMPLOYMENT REFERENCE CARD

ORDER PRESCRIBING FORM

By virtue of the Selective Training andService Act of 1940 (54 Stat. 885), andthe authority vested in me by the rulesand regulations prescribed by the Presi-dent thereunder and more particularlythe provisions of § 605.51 of the SelectiveService Regulations, I hereby prescribethe following change In DSS forms:

Addition of a new form designated asDSS Form 328A,1 entitled "Reemploy-ment Reference Card," effective Immedi-ately upon the filing hereof with the Divi-sion of the Federal Register.

The foregoing addition shall become apart of the Selective Service Regulationseffective immediately upon the filinghereof with the Division of the FederalRegister.

LEvis B. HEnsHEy,Director.

NOVEMBER 5, 1942.[P. R. Doe. 42-13760; Filed, December 23, 142I:

9:17 a. m.]

Chapter IX-War Production BoardSubchapter f-Director General for Oporatlons

PART 933-CoPPIan[Supplementary Order M-9-b as Amended

Dec. 23, 1012]

Section 933.3 Supplementary OrderM-9-b as amended is hereby amendedso as to read as follows:

§ 933.31 Supplementary Order M-9-b-(a) Definitions. For the purposes ofthis supplementary order:

(1) "Scrap" means all copper or cop-per-base alloy'materials or objects whichare the waste or by-product of Industrialfabrication, or which have been dis-carded on account of obsolescence, failureor other reason.

(2) "Copper clad steel scrap" meansall ,copper or copper-base alloy clad orcoated steel materials or objects in whichthe cladding or coating amounts to 3%or more by weight and which are thewaste or by-product of industrial fabri-cation, or which have been discarded onaccount of obsolescence, failure or otherreason.

(3) "Copper" means copper metalwhich has been refined by any processof electrolysis or fire refining to a gradeand in a form suitable for fabricationsuch as cathodes, wire bars, Ingot bars,ingots, cakes, billets, wedge bars or otherrefined shapes, or copper shot or otherforms produced by a refiner.

(4) "Copper-base alloy" means anyalloy In the composition of which thepercentage of copper metal by weightequals or exceeds 40% of the total weightof the alloy.

(5) "Alloy Ingot" means an alloy ingotor other shape for remelting which hasbeen cast primarily from copper-basealloy or scrap.

(6) "Brass mill scrap" means thatscrap which is a waste or by-product of

'Fled as part of the original document,

10802


industrial fabrication of products ofbrass mills.

(7) "Brass mill" means any personwho rolls, draws or extrudes castings ofcopper or copper-base alloys; it does notinclude a mill which rerolls, redraws orreextrddes products produced from re-finery shapes or castings of copper orcopper-base alloys.

(8) "Foundry" means any person cast-ing copper or copper-base alloy shapesor forms suitable for ultimate use with-out rolling, drawing, extruding, or forg-ing. The proCess of casting includes theremoval of gates, risers and sprues, andsand blasting, tumbling or dipping, butdoes not include any further machiningor processing.-

(9) "Scrap dealer" means any personregularly engaged in the business of buy-ing and selling scrap.. (10) ",Public utilities" means any per-

sbn furnishing telephone, telegraph orelectric light and power services to thepublic or city, suburban or inter-cityelectrically operated public carrier trans-portation.

(b) Delivery or acceptance of scrap,copper clad steel scrap or alloy ingots.Notwithstanding any preference rating,no person shall deliver'or accept the de--livery of any scrap, copper clad steelscrap -or alloy ingots except in accord-ance with the following directions:

(1) Brass mill scrap shall be deliveredonly to a scrap dealer or to a brass mill;a scrap dealer who accepts delivery ofbrass mill scrap shall in turn deliversuch scrap only to a brass mill or anotherscrap dealer.

(2) No. 1 or No. 2 copper scrap shallbe delivered only to a scrap dealer, orto a person specifically authorized bythe Director General for Operations toreceive deliveries of such quantities ofNo. 1 or No. 2 copper scrap.

(3) After January 1, 1943, copper cladsteel scrap and unreloadable fired artil-lery cases, cartridge cases or bulletjackets, which have been manufacturedfrom copper, copper-base alloys or cop-per clad steel, in excess of ten poundsshall be delivered only to persons spe-cifically authorized or directed by theDirector General for Operations toreceive such deliveries.

(4) Scrap other than that specified inparagraphs (b) (1) through (3) aboveshall be delivered only to a scrap dealer,or to a person specifically authorized bythe Director General for Operations toxeceive deliveries of such quantities ofscrap.

(5) Alloy ingots shall be delivered onlyto a person specifically authorized by theDirector -General. for Operations toreceive deliveries of such quantities ofalloy ingots.

(6) No person shall accept delivery ofalloy ingots, copper clad steel scrap orunreloadable fired artillery cases, car-tridge cases or bullet jackets, which havebeen manufactured from copper, copper-base alloys or copper clad steel, in excessof ten (10) pounds, except as specificallyauthorized by the Director General forOperations.

(7) A person other than a brass millor dealer shall accept a delivery of scrap,other than that specified in paragraph

(b) (6) above, only pursuant to a spe-cific authorization of the Director Gen-eral for Operations.

(8) A brass mill shall accept no de-livery of scrap other than brass millscrap without the specific authorizationof the Director General for Operations.

(9) A scrap dealer shall accept de-livery of scrap only if:

(I) Such scrap is not of a kind orgrade specified in paragraph (b) (6)above, and

(ii) Such scrap dealer shall duringthe preceding 60 days, have sold orotherwise disposed of scrap to anamount at least equal in weight to thescrap inventory of such scrap dealer onthe date of acceptance of delivery ofscrap (which inventory shall excludesuch delivery), and

(iII) Such scrap dealer shall havefiled with the Bureau of Mines, CollegePark, Maryland, by the 10th of eachmonth, Form PD-249, and

(v) Such scrap dealer shall have sup-plied such other information as the Di-rector General for Operations may fromtime to time require.

(c) Melting or processing of scrap,copper clad steel scrap or alloy ingots.(1) No person other than a brass millshall melt or process scrap, copper cladsteel scrap or alloy ingots, without thespecific authorization of the DirectorGeneral for Operations.

(2) No brass mill shall maIt or proce:sany scrap other than brass mill scrap,without the specific authorization of theDirector General for Operations.

(3) Any person accepting' a deliveryof scrap, copper clad steel scrap or alloyingots shall use such scrap, copper cladsteel scrap or alloy ingots only for thepurposes for which acceptance of suchdelivery is authorized by the DirectorGeneral for Operations.

(d) Delivery to or acceptance of cop-per by foundries and makers of alloy in-gots. Notwithstanding any preferencerating, no person shall deliver any cop-per to a foundry or to a maker of alloyingots, and no foundry or maker of al-loy ingots shall accept any such delivery,except as specifically authorized by theDirector General for Operations.

(e) Authorization--(1) Basis of au-thorization. Authorization to receivedeliveries of, melt or process copper,scrap, copper clad steel scrap, or alloyingots will be given by the Director Gen-eral for Operations to assure the satis-faction of the most esential war require-ments.

(2) Application for authorization. (I)Any person desiring to obtain an au-thorization, pursuant to this order, to ac-cept the delivery of, melt or process cop-per, alloy ingot, scrap or more than ten(10) pounds of unreloadable fired artil-lery cases, cartridge cases or bullet Jack-ets which have been manufactured fromcopper or copper base alloys, shouldmake application on Form PD-59, CopperDivision, War Production Board, by the5th of each month.

(i) Any person applying for an au-thorization to accept delivery of copperclad steel scrap or more than ten (10)pounds of unreloadable fired artillerycases, cartridge-cases or bullet jackets

which have been manufactured fromcopper clad steel must furnish the Di-ector General for Operations with a let-

ter setting forth the kind and grade ofmaterial, the tonnage, the period duringwhich deliveries must be received, andthe end use into which products pro-duced out of such material vwil go.

(3) Proof of authorization-U) R,-incd copper. Any foundry or ingotmak:er authorized to purchase specifiedamounts of refined copper under theterms of an allocation certificate mustsubmit the allocation certificate issued tohim to his supplier at the time of placinbghis order. If the order is placed witha dealer, the allocation certificate mustbe surrendered to the dealer. If theorder Is placed with a refiner, the aloca-tion certificate must be endorsed by therefiner, specifying the quantity of re-fined copper which the refiner v de-liver.

(i) Alloy ingot, scrap or copper cladsteel scrap. Any person authorized topurchase specified amounts of alloy in-got, scrap or copper clad steel scrap maynotify his supplier of his right to make apurchase by endorsing on, or attachingto, each contract or purchase orderplaced by him under the terms of theauthorization, a certification in the fol-lowing form signed by an official dulyauthorized for such purpose:

Ccrtiflicaton: "he undercigned purchaserhcreby reprersuta to the sener and to theWar Production Eord that he Is entltId topurchase the items shown on this purchaseorder Pursuat to Allocation Certificate, S =-a1 17o. - for the month ofand that receipt of there Itemrs, together withall other ordcrz placd by him, will not resultIn his receiving more alloy ingot, scrap orcopper clad steel carap, than he hs ie=authorized to receive for the month Indicatedby such purchase order pursuant to said Allo-cation Certlflcate.

l ame of purchazer Address

Signature and title of Datedulyauthorzedoficlal

The person receiving the certificationshall be entitled to rely on such certifi-cation unless he knows or has reason tobelieve It to be false. Each person sup-porting a purchase order by such a cer-tification must maintain at his regularplace of business all documents, includ-ing purchase orders and preference rat-Ing orders and certificates, upon whichhe relies as entitling him to make suchpurchases, segregated and available for-Inspection by representatives of the WarProduction Board, or filed in such man-ner that they can be readily segregated -and made available for such Inspection.

(I) Dsposal of scrap or copper cladsteel scrap, generated through fabrica-tion or accumulated through obsoles-cence. No person shall use, melt, or dis-pose of any scrap or copper clad steelscrap generated in his plant through fab-rication or accumulated in his operationsthrough obsolescence, in any way otherthan by sale or delivery to a person au-thorized to accept such delivery, withoutthe specific authorization of the DirectorGeneral for Operations. In no eventshall any person keep on hand more thanthirty days' accumulation of scrap or

1ES03

10804FEDERAL REGISTER, Thursday, December 24, 1942

copper clad steel scrap unless such ac-cumulation aggregates less than one ton.All persons generating scrap or copper*clad steel scrap through fabrication oraccumulating scrap or copper clad steelscrap through obsolescence, in excess offive hundred pounds in any calendarmonth, shall report on Form PD-226 onor" before the 5th day of the followingmonth, to the War Production Board,Ref: M-9-b, setting forth inventory ofscrap and copper clad steel scrap at thebeginning of the previous calendarmonth, accumulations and sales duringsuch month, Inventory at the end of suchmonth and such other information as theDirector General for Operations may re-quest from time to time. Nothing hereincontained shall prohibit any public utilityfrom ,using in its own operations wireor cable which has become scrap by obso-lescence provided the lengths of such wireoFcable are in excess of five feet and thequantity of such material so used bysuch public utility in any calendar monthdoes not exceed five tons or such otheramount as the Director General for Op-erations may specifically authorize.

(g) Toll agreement. No person shalldeliver scrap, copper clad steel scrap oralloy ingots and no person shall acceptsame for converting, remelting or otherprocessing under any existing or futuretoll agreement, conversion agreement orother form of agreement by which titleremains vested in the person deliveringthe scrap, copper clad steel scrap or alloyingots or causing the scrap, copper cladsteel scrap or alloy ingots to be delivered,or which agreement is contingent uponreturn of processed material in anyquantities, equivalent or otherwise, to theperson delivering or causing the scrap,copper clad steel scrap or alloy ingots tobe delivered, unless and until such anagreement shall have been approved bythe Director General for Operations.Any person desiring to have such anagreement approved must furnish theWar Production Board a letter settingforth the names of the parties to suchagreement, the material involved as tokind and grade, the form of same, theestimated tonnage involved, the esti-mated rate of delivery, the length of timesuch agreement or other similar agree-ment has been in force, the duration ofthe agreement, the purpose for which theprocesped material is to be used, and anyother pertinent data that would justifysuch approval.

(h) Restriction on acceptance of cop-per-base alloys or castings, including al-loy ingots, made therefrom. No personshall knowingly accept delivery of cop-per-base alloys or castings, including al-loy ingots, made therefrom, which havebeen- obtained by melting and processingscrap or copper clad steel scrap deliveredto a melter or processor contrary to theprovisions of this order.

(I) Specific directions. The DirectorGeneral for Operations may from time to.time issue specific directions to any per-son as to the source, destination, amount,or grade of scrap, copper clad steel scrapor alloy ingots to be delivered, acquired orused by such person.

(j) Reports. In addition to the re-ports specified in this order, each ingot

maker shll file by the 5th of each month,Form PD-751, Ingot Makers Report ofCopper Base Alloy Ingot and each foun-dry -shall file by the 5th of each month,Form PD-59-B, Copper Foundries:Monthly Report of Copper Base Alloy In-got Inventory.

(k) Violations. Any person who wil-fully violates any provision of this orderor who wilfully furnishes false informa-tion to the Director General for Opera-tions in connection with this order isguilty of a crime, and upon convictionmay be punished by fine or imprisonment.In addition, any such person may be pro-.hibited from making or obtaining furtherdeliveries or from processing or using ma-terial under priority control and may bedeprived of priorities assistance.

(1) Addressing of communications.All applications, statements, or othercommunications filed pursuant to' thisorder or concerning the subject matterhereof, should be addressed Copper Divi-sion, War Production Board, Ref: M-9-b,Washington, D. C.(P.D. Reg. 1, as amended, 6 F.R. 6680;W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 P.R.329; E.O. 9040, 7 F.R. 527; E.O. 9125,7 P.R. 2719; see. 2 (a), Pub. Law 671, 76thCong., as amended by Pub. Laws 89 and507, 77th Cong.)

Issued this 23d day of December 1942.ERNEST KANZLER,

Director General for Operations.[F. 1t. Doe. 42-13785; Filed, December 23, 1942;

11:30 a. m.]

PART 965-IRON AND STEEL SCRAP

[Supplementary Order M-24-dl

USED COTTON BALE TIES

§ 965.5 Supplementary Order M-24-d.Pursuant to the provisions of GeneralPreference Order M-24, It is hereby or-dered:

(a) Additional definition. "Used cot-ton bale ties" means stiip steel ties whichhave been used to bale cotton.

(b) Restrictions on deliveries. No cot-ton spinner, cotton ginner, cotton linterprocessor, or cotton compressor shall de-liver any used cotton bale ties over twofeet in length, and in suitable conditionfor re-use or reworking for re-use as cot-ton bale ties, from any plant located inanyk of the states listed in Schedule A,except for re-use in baling cotton, cottonwaste, cotton textiles, or cotton linters,or to or for-the account of a person en-gaged in reworking such bale ties forsuch re-use.

(c) Effective date. This order shall be-come effective on January 1, 1943.(P.D. Reg. 1, as amended, 6 P.R. 6680;W.P.D. Reg. 1, 7 P.R. 561; E.O. 9024,7 F.R. 329; E.O. 9040, 7 F.PR. 527; E.O.9125, 7 P.R. 2719; see. 2 (a), Pub. Law671, 76th Cong., as amended by Pub. Laws89 and 507, 77th Cong.)

Issued this 23d day of December. 1942.ERNEST KANZLER,

Director General for Operations.

Alabama.Arkansas.Florida.Georgia.Louisiana.Mississippi.

SCHEDULE A

North Carolina.Oklahoma.South Carolina.Tenneisee.Texas,Virginia.

[F. R. Doec. 42-13784: Filed, December 23, 1042;11,.30 a. m.]

PART 1114-TRE RETREADINC, RECAPPINGAND REPAIR EQUIPMENT

[General Limitation Order D,-61, as AmendedDecember 23, 1942]

Whereas the shortage of crude rubberfor military requirements and essentialcivilian uses has created an abnormaldemand for 'retreading and recappingequipment for rubber tires; and

Whereas the supply of existihig re-treading and recapping equipment, ifsupplemented by careful selection of lo-cations for small quantities of additionalequipment, is adequate to satisfy the de-mand for retreading and recapping ofrubber tires; and

Whereas the production for delivery ofretreading and recapping equipment,if unregulated, will duplicate existing fa-cilities and thus utilize quantities ofscarce and critical materials as to whichdefense requirements have 'created ashortage for defense, private account andexport, and it is necessary, in the publicinterest and to promote defense of theUnited States, to take the measures here-inafter set forth, and to regulate the pro-duction, and delivery of retreading andrecapping equipment.

Now, therefore, it is hereby ordered,That:

§ 1114.1 General Limitation OrderL-61-(a) Definitions. For the purposeof this order:

(1) "Person" means any individual,partnership, association, business trust,corporation, governmental corporationor any organized group of persons,whether Incorporated or not.

(2) ."Retreading, recapping and repairequipment" means any mechanical de-vice used in connection with applyinguncured rubber (in the form of camel-back, patching rubber or otherwise) torubber casings or inner tubes for thepurpose of renewing or repairing a rub-ber casing or inner tube. The term in-cludes, but is not limited to, full circlemolds, full circle matrices, holders,tables, steam chambers, kettle curingdevices, curing rings, curing bands, pres-sure plates, spacer rings, curing rims,sectional molds, sectional matrices, tireand tube repair and spot equipment, tirespreaders, tire buffers, mechanicalstitchers, mechanical rollers, and re-groovers. It does not include, however,small tools, such as knives, hand rollers,hand stitchers, jacks, shears, and othermiscellaneous shop tools and supplies.

(b) Restrictions on manufacture anddistribution. No person shall produceany new/ retreading, recapping and re-pair equipment, or parts therefor, andno person shall sell, lease, rent, deliveror otherwise transfer, or purchase, accept


or otherwise acquire, any new or usedretreading, recapping or repair equip-ment, or parts therefor; except (i) underpurchase orders rated A-9 or higher ona preference rating certificate PD-1A,PD-1X or PD-200, or forms of thePD-408 series, issued by the DirectorGeneral for Operations, or (ii) pursuantto written or telegraphic authorizationof the Director General for Operations.

(c) Criteria for issuing preference rat-ing certifcates. In issuing ratings onpreference rating certificates, the Direc-tor General for Operations will considerthe following factors, to the extent feas-ible, among others:

(1) The number and capacity of re-treading, recapping and-repair equipmentfacilities at present available in the par-ticular locality.

(2) The anticipated need for retread-ing, recapping and-repair equipment Inthe particular locality.

(3) -The amount of uncured rubber (inthe form of camelback, patching rubberor otherwise) expected to be made avail-able in the particular locality.

(d) Exceptions with respect to smallequipment and repair or maintenance ofexisting equipment. The prohibitions ofparagraph (b) hereof shall not apply tothe manufacture, sale, lease, loan, rent-ing, delivery, transfer, purchase, ac-ceptance or acquisition of:

( Any item of tube repair or spotequipment having a retail value of $100or less, or any tire spreader having a re-tail value of $25 or less; provided thatno person shall, for the purpose ofqualifying under this exception, dividea single order, or place separate orderswhen in the usual course of business hewould have placed a single order.

(ii) Parts to be used to repair or main-tain existing retreading, recapping orrepair equipment or to repair or maintainequipment delivered in accordance withthe provisions of this General LimitationOrder No. L-61.

(e) Production requirements plan.Pursuant to paragraph (c) of PrioritiesRegulation No. 11, any person manufac-turing retreading, recapping, or repairequipment, who desires priorities assist-ance in procuring materials to be usedin such manufacture, is hereby required,unless exempted by the Director Generalfor Operations, to fie a PRP application,to qualify as a PRP unit, and to operateunder the Production Requirements Planafter January 1, 1943.

(f) Applicability of priorities regula-tions. This order and all transactionsaffected thereby are subject to all appli-cable provisions of the priorities regula-tions of the War Production Board, asamended from time to time, except thatnotwithstanding the provisions of Pri-orities Regulation No. 3, any person ap-plying or extending a preference ratingfor retreading, recapping, or repairequipment shall certify on his purchaseorder or contract whether the prefer-ence rating is one assigned by a prefer-

ence rating certificate PD-IA or PD--X,.or by a form of the PD-403 series, Issuedby the Director General for Operations.

(g) Communications to War Produc-tion Board. All reports required to befiled hereunder, and all communicationsconcerning this order, shall, unless other-wise directed, be addressed to: War Pro-duction Board, Washington, D. C., Ref:L-61.

&h) Appeals. Any person affected bythis order who considers that compliancetherewith would work an exceptional andunreasonable hardship upon him mayappeal to the Director General for Opera-tions. Washlngton, D. C., Ref: L-61, set-ting forth the pertinent facts and thereason he considers he Is entitled to re-lief. The Director General for Opera-tions may thereupon take such action ashe deems appropriate.

(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 Isguilty of a crime, and upon convictionmay be punished by fine or imprison-ment. In addition, any such person maybe prohibited from making or obtainingfurther rieliverles of, or from processingor using, material under priority controland may be deprived of priorities assist-ance.

(j) Records. Each manufacturer ordistributor of new retreading, recappingand repair equipment affected by thisorder shall keep and preserve for not lessthan two years accurate and completerecords concerning inventory, produc-tion and sales of such equipment.

(k) Reports. Each person affected bythis order shall execute and file withthe War Production Board, such reportsand answers to questionnaires as theBoard shall from time to time request.

(P.D. Reg. 1, as amended, 6 F.R. 6680;W.P.3. Reg. 1, 7 F.R. 561; E.O. 9024, 7F.R. 329; E.O. 9040, 7 PR. 527; E.O. 9125,7 F.R. 2719; sec. 2 (a), Pub. Law 671,76th Cong., as amended by Pub. Laws 89and 507, 77th Cong.)

Issued this 23d day of December 1942.EPirST KmZLmE,


IF. R. Doec. 42-13787; Filed, Dz cmb r 23, 1912;11:31 a. m.l

PART 3031-WALL P ER[General Limitation Order L-177 as Amended

Dec. 23, 10421The fulfilrpent of requirements for the

defense of the United States has createda shortage In the supply for defense, forprivate account and for export, of paper,inks, chemicals and other material andfacilities used In the manufacture anddistribution of wall paper and the fol-lowing order Is deemed necessary andappropriate in the public Interest and topromote the national defense:

§ 3031.1 General Limitation OrderL-177-(a) Applicability of prioritiesregulations. This order (and any sched-

ule pursuan t thereto) and all transac-tions affected thereby are subject to allapplicable provisions of the prioritiesregulations of the War ProductionBoard as amended from time to time.

(b) Definitions. For the purposes ofthis order:

(1) "Person" means any individual,partnership, association, business trust,corporation, or organized group of per-sons, whether Incorporated or not.

(2) "Manufacturer" means any personwho manufactures or processes wallpaper.

(3) "Wall paper" shall include allpaper deslgned for use as a covering forthe ceiling or, walls of rooms,-which ismanufactured or produced by printingon paper or fabric with oil, water, orother coloring materials, and/or by theembossing or pressing of designs onpaper.

(4) "Distributor" shall include anyperson who sells wall paper to any per-son for resale; and shall further includeany person who offers wall paper for saleby means of the distribution of samplebooks to the ultim'ite consumer by mall,or otherwise.

(c) Schedule for the simpUf1cation andstandardization of wall paper. (1) Noperson shall sell, deliver, purchase orotherwise acquire any base paper stockfor the manufacture of wall paper unlessthe same shall conform to the specifica-tions set forth in Schedule 1 which ismade a part of this order.

(2) No person shall process or manu-facture any base paper stock into wallpaper except In conformity with thespecifications set forth in said Schedule 1.

(d) Amendments to schedule. TheDirector General for Operations fromtime to time'may Issue such amendmentor amendments to Schedule 1 of thisorder as he deems necessary.

(e) Reports. Each manufacturer anddistributor shall file such reports as maybe required from time to time by theDirector General for Operations.

(f) Records. All persons affected bythis order shall keep and preserve fornot less than two years accurate andcomplete records concerning their man-ufacture, processing and/or distributionof wall paper.

(g) Appeals. Any person affected bythis order or any schedule Issued pursu-ant thereto who considers that compli-ance therewith would work an excep-tional and unreasonable hardship uponhim, or that it would result in a degreeof unemployment which would be un-reasonably disproportionate compared tothe amount of materials conserved orthat compliance with this order or suchrchedule would disrupt or impair a pro-gram of conversion from non-defense todefense work, may apply for relief byaddressing a letter to the War Produc-tion Board setting forth the pertinentfacts and the reasons why such personconsiders that he Is entitled to relief.The Director General for Operationsmay thereupon take such action as hedeems appropriate.

(b) Communications to War Produe-tion Board. All reports required to befiled hereunder, and all communications


concerning this order, shall unless other-wise directed, be addressed to: WarProduction Board, Printing and Publish-ing Branch, Washington, D. C., Ref.:L-177.

(i) Violations, Any person who wil-fully violates any provision of this or-der, or who, in connection with thisorder, wilfully conceals a material factor furnishes false information to anydepartment or agency of the UnitedStates is guilty of a crime, and upon con-viction, may be punished by fine or im-prisonment. In addition, any such per-son may be prohibited from making orobtaining further deliveries, or fromprocess or use, of material under prioritycontrol and may be deprived of prioritiesassistance.

(P.D. Reg. 1, as amended, 6 F.R. 6680;W.P:B. Reg. 1, 7 F.R. 561; E.O. 9024, 7F.R. 329; E.O. 9040, 7 FPR. 527; E. 0. 9125,7 F.R. 2719; sec. 2 (a), Pub. Law 671,76th Cong., as amended by Pub. Laws 89and 507, 77th Cong.)

Issued this 23d day of December 1942.ERNEST KAszLER,


SCHEDULE 1 TO GENERAL LIMITATION ORDERL-1771

SPECIFICATIONS AND PRACTICES FOR L ANUFAC-TURE Or WALL PAPER

(a) Definitions. For the purposes of thisschedule:

%(1) All trade words, phrases and termsused herein shall be construed as, commonlyunderstood in the wall paper trade.

(b) General limitations on wall, papermanufacture-(1) Patterns. New wall paperpatterns (those not previously used in pro-duction by any manufacturer), shall be lim-ited to 60% of the total number of patternsemployed In the 1941-1942 lines of each man-ufacturer

(2) Paper limitations. In the manufactureof wall paper for the 1942-43 season (July 1,1942 to June 30, 1943), no manufacturershall:

(I) Purchase or otherwise acquire, process,or manufacture base paper stock into wallpaper (excepting the period July 1, 1942 toNovember 13, 1942) during the period Novem-ber 13, 1942 to January 15, 1943, at any xateof production which will result in a consump-tion of base paper stock In excess of 64%of the total tonnage of such stock consumedby him in the production of wall paper duringthe period-November 13, 1941 to January 15,1942; from January 15, 1943 to June 30, 1943at any rate of production which will resultin a consumption of base paper stock inexcess of 50% of the total tonnage of suchstock consumed by him in the production ofwall paper during the period January 15, 1942to June 30, 1942.

(11) Exceed the 1941-42 percentage ratioof the usage of ground-wood free paper stockin relation to his total tonnage consumptionof paper stock.

(iII) Use paper stock which will exceed191/4" in width to trim to 18".

(iv) Use paper stock in excess of baseweight of paper stock theretofore employedby him in the manufacture of his line.

(3) Exception. All paper stock acquiredprior to the date of this order, and in thepossession of the manufacturer on said date,is specifically excepted from the provisions ofsubdivisions (ii), (Ui) and (1v) of para-graph (b) (2).

'As amended Dec. 23, 1942.

(c) Styles sampled. All manufacturersand distributors of wall paper shall reducethe number of styles in their 1942-1943 lineor lines of sidewall and ceiling wall paper (in-cluding specials) in accordance with thefollowing schedule of percentage reductions:

Required per.Number ofstyles of sidewall and ceiling centage reduc.

wall paper samples in the 1941-1942 - tion of stylesline or lines (including all specials) to be sampled

in the 1942-1943line or lines

(including allBy manufacturers By distributors specials)

First 400 -------- First 200 ---------- 10%Next 200 ------- Next 100 ---------- 15%.,Next 200 -------- Next 100 .... 20%Next 200 ------- Next 100 ...... 2All additional --- All additional .... 30v

Provided however, That any manufactureror distributor who reduced the number ofstyles of sidewall and ceiling wall paper sam-pled In his 1941-1942 line or lines (includingspecials) 25% or more from the number ofsuch styles sampled in his 1940-1941 line orlines, may employ the average number ofsuch styles sampled in his 1940-1941 and1941-1942 line or lines as the base for com-puting the permissible number of styles tobe sampled in his 1942-1943 line or lines, inaccordance with the foregoing schedule ofpercentage reductions.

(d) Sample books. In his 1942-1943 lineor liner, each manufacturer and/or distribu-tor of wall paper may cut up only such totalnumber of rolls of wall paper for the makingof sample books, as results from a reductionof the total cut up for his 1941-1942 line orlines by the same percentage of overall re-duction of the number of styles required byparagraph (c) hereof. Provided. however,That such reduction in the number of rollsof wall paper shall not apply to books of se-lection, but no more than five (5) copies ofany book of selection may be prepared.

(e) Color usage. (1) No manufacturer, inhis 1942-1943 line_ or lines, shall exceed thefollowing color limitations of red, green, blueand yellow colored grounds (including .padgrounds and full chokes), whether organicor inorganic colors, set forth In "MunsellBook of Color, Abridged" (1929 edition).

Mini- Maxi.Wall paper Munsell hue mum mum

ground designation value chromacolor class d i ermis- permis-

sible sible

Rose red ---------- 7.5P-IORP 6, 8Orange red -- 2.5R-1OR 6, 8Yellow. 2.5YR-1oY 8 6Green 2.5G-IOBG 7 4Blue ------------- 2.B-5.0P 5 5

(2) In his 1942-1943 line or lines, eachmanufacturer may produce only such totalnumber of styles in each classification ofcolored grounds (set forth in subparagraph(1) of this paragraph (e)) as results froma reduction of the total produced in his 1941-1942 line or lines by the same percefitage ofoverall reduction of the number of styles re-quired by paragraph (c) hereof.

(3) Metallic inks. No manufacturer mayuse any aluminum or bronze powder, paste,Ink or leaf in the manufacture of wall paperfor his 1942-1943 line or lines, Provided, how-ever, That this provision shall not operate topfevent any person from disposing of Inven-tories of such'processed wali paper from his1941-192 line or lines.

[F. R. Doc. 42-13786; Filed, Dzcember 23, 1942;11:30 a. in.]

Chapter XI-Office of PriceAdministration

PART 1398-OrFICE AND STORE MACINES[Ration Order 4A]

TYPEWRITERS

Preamble. New and used typewritershave been rationed by the Office of PriceAdministration since, March 12, 1942,under the provisions of Rationing OrderNo. 4 or Revised Rationing Order No. 4.Under those Orders, persons showingneed for typewriters for certain eligiblework were authorized to buy typewritersin exchange for Certificates issued byWar Price and Rationing Boards. Rent-als of used typewriters were freely per-mitted, until August 29, 1942, whenAmendment No. 4 limited the rental ofnon-portable typewriters made since1934 to persons eligible to buy them,

However, sales and rentals of non-portable typewriters made since 1934were frozen by Amendment No. 7 to Re-vised Rationing Order No. 4, to savethese machines for the Army, Navy, andother war agencies. The same amend-ment froze the sale of non-portablesmade between 1915 and 1934, inclusive,and of some portables, so as to save thesemachines for rental by the public,

Members of the trade have in stockabout 235,000 non-lportable typewritersmade between 1915 and 1934, Inclusive,fully a third of them made prior to1928. The needs of the public must bemet principally from this stock. Asagainst this supply, there has been anormal rental demand for about 150,000machines. This demand is expected toincrease substantially.

To assure a supply of the more recentmodels of typewriters for work essentialto the prosecution of the war it is neces-sary to ration the rental of these ma-chines. To do so, Ration Order No. 4Ais Issued to replace Revised RationingOrder No. 4. -

Under the new program, typewritersare classified into four classes: A, B, C,and D. These classes are set up bymake, model, and serial number, SomeClass A, B, and C typewriters are alsoclassed as "Special" typewriters. In gen-eral, the classes are as follows:

Class A. Standard makes and modelsof non-portable typewriters made sfter1934 (both new and used), and of nowportable typewriters made after June1941.

Class B. Standard makes and modelsof non-portable typewriters made be-tween 1928 and 1934, inclusive, also, cer-tain special machines of later manufac-ture not Included in Class A,

Class C. Standard makes and modelsof non-portable typewriters made be-tween 1915 and 1927, Inclusive; also, allportable typewriters, pot included inClass A, having two or more of the fol-lowing features: (1) tilting #or foldingpaper table;. (2) self-starter or para-graph key; (3) operator touch adjust-ment.

Class D. All typewriters not includedin Classes A, B, or C.

Special. Class A typewriters whichhave been rejected for purchase by theProcurement Division of the TreasuryDepartment, and other typewriters of

10806

FEDERAL REGISTER, Thursday, December 24, 1912Classes A, B, or C which, because of somespecial type or feature, are usable pri-marily for special purposes.

In general, Class A, B, and C type-writers may not be sold, and Class Atypewriters may not be rented, except todealers or the Procurement Division ofthe Treasury Department or for author-ied export. Class B typewriters mry berented for a limited period of time onCertificates issued by War Price andRationing Boards to persons who haveneed for typewriters for work essentialto the prosecution of the war. Class Ctypewriters may be rented for a limitedperiod of time without certificates.

.Class D typewriters may be rented or sold-without restriction. Special typewritersmay be sold or rented in exchange forcertificates issued by the WashingtonOffice of the Office of Price Administra-tion.. Eligible persons who, before December1, 1942, were given written authority tobuy or rent typewriters are permitted toacquire them at any time before Janu-ary 1, 1943. Also, until February 1, 1943rentals of Class B typewriters may bemade-without certificates for the balanceof such period. Valid rentals in force onthe date of this order may be continueduntil the end of the contract rentalperiod. All rentals of typewriters, ex-cept.of Class D typewriters, must be sub-jeet to recovery upon further order ofthe Office of Price Administration.

In order that dealers, wholesalers, andmanufacturers may get a stock of type-writers, used typewriters and new type-writers released by the War ProductionBoard are permitted to be acquired bythem without the surrender of certifi-cates if they keep records and file re-ports required of them.

Since certificates are not used by deal-ers for replacement purlposes, dealers whoreceive- certificates from customers arerequired to retain one copy and.forwarda duplicate, containing a report of thetransaction, to the Office of Price Ad-ministration as directed on the certifi-cate.

Accordingly, pursuant to the authorityvested in the Office of Price Administra-tion and the Price Administrator byExecutive Order Nos. 9125 and 9250 is-sued by the President on April 7, 1942,and October 3, 1942, respectively; byDirective No. 1, Supplementary DirectiveNo. ID, and Conversion Order No. L-54-aof the War Production.Board, issued Jan-uary 24, 1942, March 5, 1942, and March17,1942, respectively, It is hereby orderedthat:

SiBPART A-How To GET A Tmwnrrm

ACQunaNG TYPEVWIraS W= CERTFICATESSec.1398.101 Certificate is needed to get a type-

writer.1398102 Boards issue certificates to rent

- Class B typewriters.No 251-2

See.1398.103

1398.104

1398.105

1398.106

1398.107

1398.108

1398.1091398.110

1398.1111398.112

National Office Issues certificatesfor Epcclal tyrewrlters.

Certificates will not bo Isued forother typewriters.

Person who needs typewrlter for cs-cential worl: may get a ccrtificate.

Application mado to Board wheretypewriter will to uned.

Application ndo on Form R-401(Revised).

Appearance by applicant not uim-ally required.

Contents of certificate.Rental period may not exceed Eix

months.Invalid certificate.Purchase pcrmltted on ccrtiflcate

Issued under former Order.

ACQu=Iw Tn'LWRrMS ViTOuT CELaTWIC=o

1398114 Certificatc-frce rental of Clr"- Btypewriters permitted until Feb-ruary 1. 1943.

1398.115 Class C typewrltem may be rentedwithout certificate.

1398116 Class D typewritcu not restricted.1398.117 Typcwrltcr may be uzcd by em-

ployees and other-.1398.118 Typewrlter may be acquired from

a person owning only one typc-writer.

1398.119 Typew;iter may be acquired as partof assets of buslnc.

1398.120 Rental of Class B typcwritcrs forCivil Service examinations, per-mitted.

1398121 Used typewriters may be acquiredfor export.

1398.122 Typewriters may be Imported.

SusnsnT B-How Tins Ozaza Arrrcs = lTl~n

1398.124

1398.125

1398.1261398.127

1398.1281398.1291398130

1398.131

139813213981331398134

1398135

Membeia of trade may acquiretypewriters.

Transfer on Invalid ccrtiflcatc notpermittcd.

Rental period is limited.Rental must be subjcct to certain

conditions.Discrimination not pcrmittcd.Rented typewriter may be returned.Transfer for repair and repair loams

permitted.Transfer of new typewriters by

manufacturers.Records must be kept.Reports must be made.Report must b filed for new bust-

nes s.Information about tranrfer must

be entered on certificate.

SurwsArT C-Gamnm&L Promi ouo07MM Tnu~r=_ rzrssnm=

1398137 Mransfcrs between- governmentagencies permitted.

1398.138 Procurement Divislon of TrcauryDepartment may acquire u:edtypewriters.

1398139 Transfer of new typewritcr for ex-port or to government agencyexempt.

1398140 Transfer to carriers and warehou=3permitted.

1398141 Transfer by operation of law or forsecurlty permitted.

1398.142 Transfer of damaged, lct or ctolentypewriters permitted.

=of12= ACTS rA=nG TO Y ANDSec.CA

1393144

1393.145

All translers prohibited unIess au-thorized.

Certificates generally not trans-ferable.

JU=icU Nor 0 7M OA S

1393.140 Juricdiction of Boards with re-cp-set to trade.

APP..AL ArND SUMsrIO02 onS

1393.7 Persons affected may appeal.1393148 Violators may lose right to rationed

products.

V1n =Qur'o3 AM . 07 rawns1393149 Terni explained.1393.E0 Typwriters are Classed as A, B.

C, D, and Special.

1393151 Reviscd Rationing Order No. 4 Isrevolei.

1393.152 Effective date of order.

AUMx=rr: H 13933101 to 1333152, Inclu-rive, Lsued under Pub. Law 671, 76th Cong,as amendcd.by Pub. La=s E3, 567, 421, and729, "7th Cong.; W. P. B. Directive No. 1, Sup-plementary Directive No. 1-D, Convcrs o nOrder No. L-5--a, 7 F. R. 562, 1792,2130.

Su=,MT A-How To GET A Ttrxwaxx

(This part contain all one must know toget a typewriter)

ACQUIMN Tywpnw-anxas WI1THcxr-CITES

§ 1398.101 Certificate is needed to geta typewriter. A parson who wishes torent a Class B typewriter or acquire aspecial typewriter must first get a cer-tificate and give it to the person fromwhom he is to get the typewriter. Hemay then acquire a. typewriter of theclass, and by the kind of transaction(rental or purchase), named on the cer-tificate. As explained later, Class Ctypawrters may be rented and Class Dtypewriters may be acquired, withoutcertiflcatL-. There also are a few othercases where certificates are not required.These cases are explained later. (Somewords are used in this order with aspecial meaning. Examples are "type-writer", "transfer". "acquire", "certifi-cate!' and "person". These terms arefully explained in § 1393149.)

§ 1398.102 Boards issue certificates torent Class B typewriters. War Price andRationing Boards may issue certificatesto permit persons to rent Class B type-writers. Boards are not concerned withother classes of typewriters. Neithermay they Issue certificates to permit aperson to buy a typewriter. (Class Btypewriters are listed in § 1393.150 (b).)

§ 1398.103 National office issues cer-tificates for special typewriters. TheOffice of Price Administration will issuecertificates at Its national office in Wash-ington, D. C, to permit a person to ac-

1MO7


quire a special typewriter. (Specialtypewriters are described in T 1398.150(e).)

§ 1398.104 Certificates will not beissued for other typewriters. Certifi-cates will not be issued to permit a personto acqUire a typewriter except as statedaboie.

§ 1398.105 Person who needs typewriterfor essential workc may get a certificate.(a) A person who has need for a type-writer for work essential to the prosecu-tion of the war may get a certificate.(However, this requirement may bewaived by the national office as to specialtypewriters which are usable only by asmall class of persons.)

(b) "Need" must be shown. It does notexist If, after getting a typewriter ap-plied for, the applicant will own, possess,or control any serviceable typewriter,reasonably available for the purposestated in his application, which is notused for business purposes an average of24 hours or more per week. A typewriterIs "serviceable" if it can be made so byreasonable repair.

§ 1398.106 Application made to Boardwhere typewriter will be used. A persondesiring to get a certificate to rent aClass B typewriter should apply to theBoard serving the area where the type-writer will be used. The Office of PriceAdministration will announce whenforms are available at Boards. Applica-tion may be made after that date. (Ap-plication by a government may be madeto any Board within the area served bythe government.)

§ 1398.107 Application made on formR-401 (Revised). (a) Application to aBoard should be made on OPA FormR-401 (Revised). The form must befilled out In full, giving all the informa-tion required, and signed as directed onthe form.

(b) Application for a special type-writer may be made to the national of-fice of the Office of Price Administrationby letter, signed by the applicant or hisagent. The application should describethe particular typewriter desired andshould give full information as to theapplicant's need for it.

§ 1398.108 Appearance by , applicantnot usually required. An applicant maypresent his application in person, bymail, or by an agent. However, he maybe required to furnish more informationor proof in person, by witnesses, or insome other way.

. § 1398.109 Contents of certificate. (a)A certificate issued by a Board will con-tain the name of the applicant, the num-ber of Class B typewriters which may berented, the length of the period for whichthey may be rented, and other mattersrequired In the certificate form. (b)Certificates to purchase or rent special

typewriters, issued by the National Of-fice, will contain other Information aboutthe kind of typewriter and the terms ofpurchase or rental.

§ 1398.110 Rental period may not ex-ceed six months. A certificate will beissued to permit the rental of a type-writer only for the shortest period forwhich the applicant will need it. Theperiod may not be longer than sixmonths.

§ 1398.111 Invalid certificates. (a) Acertificate is not valid if it-has erasures orchanges in any part required to be com-pleted by the issuing office or which forany, reason fails to show any essentialprovision.

(b) A certficate may be used only'within 30 days from the date it wasissued.

§ 1398.112 Purchase permitted on cer-tificate issued under former order. (a)A person may keep a typewriter on rent-val, or before January 1, 1943 may acquirea typewriter, for the purchase or rentalof which a certificate or authorizationhad been issued to him under RevisedRationing Order No. 4 prior to December1, 1942 if he was then eligible for thetypewriter. A rental agreement per-mitted by this paragraph may be renewedfrom time to time, without further ap-proval, but Is subject to the recoveryproVision of § 1398.127 (a).

(b), Any person to whom the NationalOffice of the Office of Price Administra-tion issued an authorization to buy aspecial typewriter, under the terms of

.Revised Rationing Order No. 4, may buythe typewriter within 30 days from thedate of the authorization.

ACQUIRING TYPEWRITERS WITHOUTCERTIFICATE

§ 1398.114 Certifieate-free rental ofClass B typewriters permitted until Feb-ruary 1, 1943. During the period toFebruary 1, 1943, a Class B typewritermay be rented by, and to, any person forthe balance of that period, Without thesurrender of a certificate. (The termsof the rental agreement are governed by§ 1398.127.)

§ 1398.115 Class C typewriters may be"rented without certificate. A Class Ctypewriter may be rented by, and to, anyperson, without the surrender of a cer-tificate. (The length of the rental pe-riod, and the terms of the rental are gov-erned by §§ 1398.126 and 1398.127.)

§ 1398.116 Class D typewriters not re-stricted. Any Class D typewriter may betransferred or acquired by any per-son, without restriction.

§ 1398.117 Typewriters 'may be usedby employees and others. Any personwho owns a typewriter for use may per-mit his employees or other persons touse it when there is no change of titleor interest in the typewriter if no charge

is made or received. A certificate neednot be given up in such a case.

§ 1398.118 Typewriter may be ac-quired from person owning only onetypewriter. Any person may acquire aClass B or C typewriter for business pur-poses'from a person owning only onetypewriter. A certificate need not begiven up in such case. However, a per-son who regularly deals in or repairstypewriters Is not permitted to transfertypewriters under this section.

§ 1398.119 Typewriter may be ac-quired as part of assets of business. Anyperson who buys or otherwise acquiresall or substantially all of the assets ofany store, business, plant, or other en-terprise, Including the good will, may ao-quire any typewriters included amongthe assets, without giving up a certifi-cate.

§ 1398.120 Rental of Class B type-writers for Civil Service examinationspermitted. A Class B typewriter may berented by, and to, any person for a pO-riod not to exceed three days for use intaking a Civil Service examination in-volving typing ability. A certificateneed not be given up in this case.

§ 1398.121 Used typewriters -may beacquired jor export. Any person mayacquire a used typewriter for export toa foreign country upon approval 6f theBoard of Economic Warfare, within aquota assigned to it. No other approvalis required. (The export of new type-writers Is not subject to this order, asexplained later.)

§ 1398.122 Typewriters may, be im-ported. Any person may import Intothe United States or Its Territories orPossessions a typewriter owned by him.For this purpose he may transfer it to,or acquire it from, the United StatesCollector of Customs, or his deputy,without the surrender of a certificate.

SUBPART B-HOW Tuis ORDER ArrECTSTHE TRADE

(This part should be read by anyone whosells, rents, or deals in typewriters)§ 1398.124 Members of trade may ac-

quire typewriters.' Any person maytransfer a typewriter to a dealer, whole-saler, or manufacturer, who may ac-quire it for a permissible transfer orfor repair, without giving up a certifi-cate.

§ 1398.125 Transier on invalid cer-tificates not permitted. No person maytransfer a typewriter for a certificatewhich is Invalid or which he knows, orhas reason to believe, was acquired Inviolation of this order.

§ 1398.126 Rental period is limited.(a) A rental of a typewriter for whicha certificate is given up may be madefor the period stated on the certificate,but not longer.

10808


(b) A rental of a Class A, B, or C type-writer made without the surrender of acertificate, when permitted by this order,may not be made for a period longerthan six months and may be renewedor re-renewed only at the end of a rentalperiod for an additional period of not toexceed six months.

§ 1398.127 Rental must be subject tocertain conditions-(a) Recovery. Re-gardless of any agreement, whenevermade, the rental or loan of a Class A, B,or C typewriter shall be revoked if theOffice of Price Administration issues anorder requiring its return.

(b) Advance payment of rentals. Noperson may charge or receive any rentalfee in advance for a period longer thanthe rental period permitted by-this order.

(c) Deposits. No person may chargeor receive a deposit to secure the returnof a typewriter in an amount which,plus any advance rental paid, is morethan the maximum price for a sale of thetypewriter at wholesale permitted bymaximum price regulations of the Officeof Price Administration.

(d) Rental credit provisions. Noagreement for the rental of a Class A,B, or C typewriter may contain an optionto buy the same or another typewriter, orto credit rentals, deposits, or other sumspaid toward its purchase price. How-ever, if a person should be permitted tobuy a typewriter under this order, theseller may give him credit for rent paidby him for that or any other typewriter.

§ 1398.128 Discrimination not per-mitted. No dealer, wholesaler, or manu-facturer shall discriminate, in rentingClass B typewriters, among persons whohave been issued certificates to permitthem to rent typewriters?

§ 1398.129 Rented typewriter may bereturned. A person who has rented atypewriter to another may get it backwithout giving up a certificate.

§ 1398.130 Transfer for repair and re-pair loans permitted. Any person regu-larly engaged in the business of repair-ing typewriters may acquire a typewriterfor repair and may return it without thesurrender of a certificate. Also, withoutgetting a ceitificate, he may loan a ClassB typewriter for not more than 30 daysto a person whose Class A or B typewriterhe is repairing.

§ 1398.131 Transfer of new type-writers bi. manufacturers. This orderdoes not apply to the transfer of a newtypewriter by a manufacturer unless ithas been released to the Office of PriceAdministration by- the War ProductionBoard for rationing.

2EvWde7 of Discriminatfon. The refusalof a dealer, wholesaler, or manufacturer torent a Class B typewriter to a person whooffers to surrender a valid certificate per-mitting him to rent a typdwrlter of thatClass, to pay in cash the maximum rental feeand deposit which may be charged, and totran!port the typewriter will be prima facieevidence of discrimination if the dealer,'wholesaler, or manufacturer then owns andhas in his possession a Class B typewriterwhich is not the subject of a valid agreementto sell or rent.

§ 1398.132 Records must be hept. Forthe information of the Office of PriceAdministration, every dealer, wholesaler,and manufacturer shall keep, for not lessthan two years, accurate and completerecords of his supply, sales, rentals, andpurchases of typewriters. He shall alsokeep all copies of forms which are orhave been required to be kept by himby Atis order or by Revised RationingOrder No. 4. All records shall be madeavailable for inspection by the Office ofPrice Administration.

§ 1398.133 Reports must be made.Persons affected by this order shallmake such reports to the O1ce of PriceAdministration as It may, from time totime, require.

§ 1398.134 Report must be filed for newbusiness. After the effective date of thisorder, every person desiring to becomea dealer or wholesaler or to acquire theassets of a typewriter dealer or whole-saler as permitted by § 1398.119, shallfirst file a statement with the Boardwhich will have jurisdiction over hisplace of business. A separate statementshall be filed for each place of busine:s,stating: () the name under which thebusiness will be conducted; (2) the nameof the owner and, if a corporation orassociation, the names of the principalofficers; (3) a list of all typewriters onhand; and (4) the time when and theperson frobn whom each typewriter wasacquired.

§ 1398.135 Information about trans-fer must be entered on certificate.Every person transferring a typewriterfor a certificate must enter on the cer-tificate the date of the transfer, the type-writer's make, model, and serial numberand In the case of a rental the Wxplratlondate, together with any other informa-tion th certificate form requires. Heshall send one part of the certificate tothe Office of Price Administration as di-rected on the certificate and shall keepthe other.

SUBPART C--GIEM PROVISIONS

(This part should be referred to whenspecial problems arise)

OTER TRASFERS PEMlUTITED§ 1398.137 Transfers between gorern-

ment agencies permitted. Any agencyor department of a government may ac-quire a used typewriter from any otherdepartment or agency of such govern-ment, without giving up a certificate.As to departments and agencies of theUnited States, however, this provision Issubject to orders of the Bureau of theBudget.

§ 1398.138 Procurement Division ofTreasury Department may acquire usedtypewriters. The Procurement Divisionof the Treasury Department and anyauthorized agent may acquire used type-writers without giving up a certificate.

§ 1398.139 Transfer of nwW typeirit-ers for export or to Government agencyexempt. (a) This order does not applyto the acquisition of new typewriters byany agency of the United States or byany person for export to a foreign coun-

try. These cases are governed by theWar Production Board.

(b) The term "agency of the UnitedStates" does not include: (1) privatelyoperated plants or facilities financed orcontrolled by the Army, Navy, DefensePlant Corporation, or by any otheragency of the United States; (2) plantsor facilities operated on a coat-plus-fixed-fee basis.

§ 1398.140 Transfers to carriers andwcarcliouces permitted. A typewriter maybe transferred to or from a carrier in thecourse of Its shipment and to or from apublic warehouse In connection with itsstorage, without the surrender of a cer-tificate.

§ 1393.141 Transfer by operation oflaw, or for security permitted.- (a) Atypewriter may be acquired by, or a liencreated thereon In favor of, the followingpersons and In the following cases with-out the surrender of a certificate: (1)Any person pursuant to judicial procezsor an order Issued by a court of compe-tent jurisdiction or by operation of law;(2) A Government or political subdivisionor agency thereof in the enforcement orexercise against such typewriter of statu-tory rights or powers.

(b) A security interest in a typewriter,other than a pledge, may be created infavor of the following persons and in thefollowing cases without the surrender ofa certificate: (1) a Government or politi-cal subdivision or agency thereof; (2)any person duly licensed to engage in thebusiness of making loans upon collateraTand regulated in conducting such busi-nes3 by a State or the United States or bythe government of a Territory or Posses-slon of the United States; (3) any pe-son where the security Interest arises oris transferred with respect to all or sub-stantially all the assets of a businessenterprise.

c) A typewriter or any interest there-In or lien thereon acquired pursuant topamraph (a) or (b) of this section maybe returned to the person from whom itwas acquired, or maybe released, with-out the surrender of a certificate.

d) Any person who has acquired atypewriter for security purposes or Inwhose favor a lien thereon has beencreated, under the authority of this sec-tion, or who holds a lien on or securityInterest in a typewtiter created on orbefore March 6, 1942 may enforce thesecurity, lien, or other interest in themanner provided by applicable laws. Atypewriter so acquired by a person, un-less by inheritance, may not be used byhim and may be transferred only to aperson expressly authorized by this orderto buy the typewriter without giving up acertificate.

§ 1398.142 Transfer of damaged, lost,or stolen typewriters permitted-(a)Damaged or stolen typewriters. Dam-aged or stolen typewriters and undam-aged typewriters mingled therewith, andtypewriters in imminent danger of beingdamaged or stolen, may be acquired bythe following persons, without the givingup of certificates, for permissible trans-fer only: (1) Persons lawfully engagingn the insurance business, and common

10809

10810 FEDER

or contract carriers in connection withthe right of subrogation, or by virtue ofthe payment by them of any claim fordamage to the typewriters; (2) personsperforming public fire or safety func-tions, warehousemen, or persons engagedprincipally and primarily in the businessof adjusting losses and selling, or recon-ditioning and selling, damaged commod-ities, who take possession of or receivethem on the occurrence or imminenceof casualties.

(b) Subsequent transfer. Transfer ofthe typewriters by any person includedin paragraph (a) of this section may bemade only to: (1) another person so in-cluded; (2) the person from whose cus-tody the typewriter was taken; or (3)a dealer, wholesaler, or manufacturer.

(c) Return of lost or stolen typewriter.A lost or stolen typewriter may be re-turned, without the surrender of a cer-tificate, to the owner or the person right-fully in possession of it at the time'of theloss or theft.

PROHIBITED ACTS RELATING TO TYPEWRITERS

AND CERTIFICATES

§ 1398.144 Transfer of typewritersprohibited. (a) No person shall transferor acquire a typewriter (or offer to doso) except in accordance with this order.

(b) No person who rents (or hasrented) a typewriter may keep it afterthe end of the rental period except asauthorized by this order.

(c) No person may keep a typewriteracquired by him in violation of this orderor of Revised Rationing Order No. 4. Hemust return the typewriter to the personentitled to it or sell It to someone per-mitted to buy it under this Order, otherthan by § 1398.118

§ 1398.145 Certificates generally nottransferable. No person shall use, pos-sess, or transfer any Certificate except aspermitted in this order.

JURISDICTION OF BOARDS

§ 1398.146 Jurisdiction,of Boards withrespect to trade. For the purposes of thisorder, each War Price and RationingBoard shall have jurisdiction-over: (a)each place of business of a dealer orwholesaler located in the area served bythe Board; and (b) each manufacturer(including all branches, outlets, and salesagencies of the manufacturer) whoseprincipal business office is located withinthe area served by the Board.

APPEALS AND SUSPENSION ORDERS

§ 1398.147 Persons may appeal. Anyperson directly affected by the action ofa Board, State Director, or Regional Ad-ministrator taken with respect to anymatter before him under this Order mayappeal from such action pursuant toProcedural Regulat

3cripta -feii legiste · ,on4al 4~-feii legiste3cripta o~ 1934 -% sr1 volume 7 &nitj21 washington,...

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