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. \ O N A L / ^ FEDERAL* REGISTER VOLUME 6 1934'^ A / IT E O ^ NUMBER 84 Washington, Wednesday, April 30, 1941 The President executive order Amendment of Executive Order No. 8389 of April 10, 1940, as Amended By virtue of the authority vested in me by section 5 (b) of the Act of October 6, 1917 (40 Stat. 411), as amended, and by virtue of all other authority vested in me, I, FRANKLIN D. ROOSEVELT, PRESI DENT of the UNITED STATES OP AMERICA, do hereby amend Executive Order No. 83891 of April 10, 1940, as amended, so as to extend all the pro visions thereof to, and with respect to, property in which Greece or any national thereof has at any time on or since April 28, 1941, had any interest of any nature whatsoever, direct or indirect; except that, in defining “Greece” and “national” of Greece, the date “April 28, 1941” shall be substituted for the dates appearing in the definitions of countries and nationals thereof. Franklin D Roosevelt The White House, April 28, 1941. [No. 87461 [F. R. Doc. 41-3119; Filed, April 28, 1941; 3:39 p. m.] Rules, Regulations, Orders TITLE 9— ANIMALS AND ANIMAL PRODUCTS CHAPTER II—AGRICULTURAL MARKETING SERVICE Part 204—Posted Stockyards and Live Poultry Markets NOTICE RELATIVE TO ENID UNION STOCK- YARDS, ENID, OKLAHOMA2 A pril 28,1941. Whereas, in accordance with the provi sions of section 301 of Title III and sec- 15 F.R. 1400, 2667. 8 Modifies list posted stockyards, 9 CFR 204.1. tion 302 (b) of the Packers and Stock- yards Act, 1921 (7 U.S.C. sec. 202 (b) ), the Secretary of Agriculture posted the stockyard known as the Enid Stockyards, Enid, Oklahoma, as being subject to the provisions of said act; and Whereas it appears that said stockyard is now known as Enid Union Stockyards, and is being operated by J. C. Renner and J. E. Renner, partners, d/b/a the Enid Union Stockyards Company: Therefore, it is ordered, That the no tice of the posting of said stockyard be, and it hereby is, amended to show that the correct name of the stockyard is Enid Union Stockyards, Enid, Oklahoma. [seal] G rover B. Hill, Assistant Secretary of Agriculture. [F. R. Doc. 41-3149; Filed, April 29, 1941; 11:52 a. m.] TITLE 17—COMMODITY AND SECURI TIES EXCHANGES CHAPTER H—SECURITIES AND EX CHANGE COMMISSION Part 230— General Rules and Regula tions, Securities Act of 1933 AMENDMENT TO REGULATION A — GENERAL EXEMPTION The Securities and Exchange Commis sion, acting pursuant to authority con ferred upon it by the Securities Act of 1933, particularly sections 3 (b) and 19 (a) thereof (Sec. 3, 48 Stat. 75; 15 U.S.C. 77c; sec. 19, 48 Stat. 85; sec. 209, 48 Stat. 908; 15 U.S.C. 77s), and finding such action necessary and appropriate in the public interest and for the protection of investors, and necessary for the execu tion of the functions vested in it by the said Act, hereby takes the following action: I. Section 230.222 [Rule 222 of Regula tion A] is amended to read as follows: § 230.222 Letter of notification, (a) No securities shall be offered under this regulation until 24 hours after a letter of notification with respect thereto has been filed, as provided in paragraphs (b) and (c), by the issuer or by the per- CONTENTS THE PRESIDENT Executive Order: PaS e Foreign exchange transactions, regulatory order amended (Greece) ------------------------ 2187 RULES, REGULATIONS, ORDERS Title 9— Animals and A nimal Products: Agricultural Marketing Service: Enid Union Stockyards, notice under Packers and Stock- yards Act______________ 2187 Title 17—Commodity and Securi ties Exchanges: Securities and Exchange Com mission: Securities Act of 1933, offering of securities, a m e n d ments ________________ 2187 Title 24—Housing Credit: Home Owners’ Loan Corpora tion: Loan service, partial release, etc___________________ 2189 Title 30— Mineral Resources: Bituminous Coal Division: Minimum price schedules, re lief granted, petitions of: District Board No. 14-------- 2189 District Board No. 16-------- 2190 Title 31— Money and Finance: Treasury: Bureau of the Public Debt: Regulations governing U. S. - Savings Bonds -------------- 2191 United States currency, etc., distinctive paper----------- 2191 Monetary Offices: Bank of Athens Trust Co., et al., licensed as generally licensed nationals--------- 2191 Greece, property and foreign exchange transactions (2 documents) -------------2190,2191 Title 33— Navigation and Naviga ble Waters: Coast Guard, Department of the Treasury: Los Angeles and Long Beach Harbor, Calif., temporary r e s t r i c t e d navigation area______________' ------ 2200 (C ontinued on n ext page) 2187
2188 FEDERAL REGISTER, Wednesday, April 30, 1941 FED ER A L^R EG IST ER ‘»34 - 0? * United % Published daily, except Sundays, Mondays, and days follow ing legal holidays by th e D ivision of th e Federal Register, The N ational Archives, pursuant to th e authority con tained in th e Federal Register Act, approved July 26, 1935 (49 Stat. 500), under regula tio n s prescribed by the Adm inistrative Com m ittee, approved by th e President, The Adm inistrative C om m ittee consists of th e Archivist or A cting Archivist, an officer of th e D epartm ent of Justice designated by th e Attorney General, and the Public Printer Or A cting Public Printer. T he daily issue of th e Federal Register w ill be furnished by m ail to subscribers, free o f postage, for $1.25 per m onth or $12.50 per year; single copies 10 cen ts each; payable in advance. R em it m oney order payable to the Superintendent of D ocum ents directly to th e G overnm ent P rinting Office, W ashington, D. C. CONTENTS—Continued Title 33— Navigation and Naviga ble Waters—Continued. PaS e Corps of Engineers, War Depart ment: Aquia Creek, Virginia, bridge regulations ____________ 2201 Gulf of Mexico, etc., danger zone regulations________ 2201 NOTICES Department of Agriculture: Office of the Secretary: Under Secretary and Assist ant Secretary of Agricul ture, delegation of certain authority to___________ 2204 Rural Electrification Adminis tration: Allocation of funds for loans (2 documents) ______ 2204,2205 Department of Commerce: Civil Aeronautics Authority: Pan American Airways, Inc., et al., hearing postponed. 2205 Department of the Interior: Bituminous Coal Division: Algoma Block Coal Co., order of dismissal____________ 2202 Hearings: Deer Creek Coal Mining Co. 2202 District Board No. 10_____ 2203 District Board No. 15____ 2204 District Board No. 18____ 2203 Prices for coals sold off docks at Great Lakes ports, statement of the Direc tor _____ 2202 Department of Labor: Division of Public Contracts: Metal furniture industry, op portunity to show cause. 2205 Wage and Hour Division: Jewelry manufacturing indus try, minimum wage rates, appointment of commit tee ___________________ 2205 CONTENTS—Continued Department of Labor—Continued. Wage and Hour Division—Con. PaSe Textile industry, hearing on minimum wage recom- , mendation ____ _ _______ 2206 Federal Trade Commission: Orders appointing trial examin ers: Bell Yarn Co., et al............... 2209 Blatter, Titus, & Co_________ 2209 Winarick, Ar., Inc., et al_____ 2209 Wire Rope & Strand Manu facturers Assn_________ 2209 Wool Trading Co., Inc ______ 2209 Navy Department: Goode Construction Corp., et al., contract summary _ _ ____ 2201 Securities and Exchange Commis sion: Applications granted, etc.: Lone Star Gas Corp., et al__ _ 2210 Northeastern Water and Elec tric Corp______________ 2210 Pennsylvania Gas & Electric Corp _________________ 2211 Ogden Corp., order consenting to withdrawal of declara tion ____________________ 2210 Southern Natural Gas Co., no tice regarding filing______ 2211 son or persons by, on behalf of, or for the benefit of whom the offering is to be made, if other than the issuer. Every letter of notification shall contain the following information: (1) The full names and complete mail ing addresses of (i) the issuer; (ii) all directors and officers of the issuer; (iii) the person or persons by, on behalf of, or for the benefit of whom the offering is to be made; and (iv) each principal underwriter. (2) (i) The title of the securities pro posed to be offered; (ii) the principal amount of evidence of indebtedness or the number of shares or other units pro posed to be offered; (iii) the price per unit at which they are to be offered to the public; (iv) the aggregate amount at which they are to be offered to the pub lic; and (v) the aggregate amount at which all securities of the issuer have been offered to the public within one year by the person or persons filing the letter of notification. Where securities are to be offered “at the market” the information required by (iii) and (iv) shall be given upon the basis of the mar ket price as established by bona fide sales made within a reasonable time prior to the date of filing the letter of notifica tion. (3) The approximate date of the pro posed public offering. (4) A list of the jurisdictions (States, Territories, the District of Columbia, or foreign countries) in which it is proposed to sell the securities. No securities shall be offered in any jurisdiction not men tioned in the original letter of notifica tion until a supplementary letter stating the name of that jurisdiction has been filed. However, a statement that all or part of the offering is to be made by use of the facilities of a securities exchange (naming the exchange) shall suffice as to the securities to be so offered. (5) If the securities are to be offered by, on behalf of, or for the benefit of the issuer, the purposes for which the net proceeds from the securities are to be used. (b) An original and two copies of each letter of notification shall be filed, at least 24 hours prior to any public offer ing of securities under the regulation, with the regional office of the Com mission for the region in which the issuer’ s principal place of business is located or, if the issuer’ s principal place of business is located in the State of Maryland, Delaware, Virginia or West Virginia or in the District of Columbia, with the Commission’ s Washington, D. C . field office. Form S-3b-l may be used in supplying the information required to be set forth in the letter of notification. (c) Any change in the matter stated in the letter of notification shall be set forth in a supplementary letter of notifi cation, except that no supplementary let ter of notification need be filed with respect to a change in the offering price of securities which are being offered at the market. H. Section 230.223 (a)1 [Rule 223 of Regulation A] is amended to read as follows: § 230.223 Written communications, advertisements, and radio broadcasts. (a) Three copies of every written com munication, advertisement or radio broadcast prepared or authorized by the issuer, any person controlling, controlled by, or under common control with, the issuer, or any principal underwriter of the securities to be offered, which is pro posed to be used at the commencement of the public offering under this regula tion or intended to be sent or delivered thereafter to more than ten persons shall be filed, at least 24 hours prior to any use thereof, with the office of the Commis sion with which the letter of notification is filed: Provided, That there need not be filed copies of any communication which does no more than identify the securities, state the price thereof, and state by whom orders will be executed. • * * * * Note: The m aterial filed pursuant to this rule is required to be filed solely for the in form ation of the Com mission to aid it in the enforcem ent of section 17 of th e Act (Sec. 17, 48 Stat. 84; 15 U.S.C. 77q), and not for th e purpose of enabling the Commission to cite any deficiency in the Inform ation con- 1 5 F.R. 4751.
FEDERAL REGISTER, Wednesday, April 30, 1941 2189 tained therein. The failure of the Commis sion at any tim e to take action upon any inform ation filed pursuant to th is rule does not indicate th a t th e Com mission considers the inform ation accurate, com plete or n o t misleading. Effective May 5, 1941. By the Commission. [seal] F rancis P. Brassor, Secretary. [P. R. DOC. 41-3142; Piled, April 29, 1941; 11:34 a. m.] TITLE 24— HOUSING CREDIT CHAPTER IV—HOME OWNERS’ LOAN CORPORATION [Administrative Order No. 3-200] Part 402— Loan Service Division ' PARTIAL RELEASE, ETC.— ALLOWANCE TO HOME OWNER Amending Part 402 of Chapter IV, Title 24 of the Code of Federal Regula tions. The second paragraph of § 402.15-11 is amended to read as follows: § 402.15-1 Application of miscellane ous credits. * * * * * In cases where the consideration (whether land, interest therein, enhance ment in value thereof, or funds) exceeds the amount by which the value of the Corporation’ s security is reduced or di minished and the home owner has re quested that any such excess considera tion which is represented by cash or part thereof be retained by him or turned over to him for his own use, the Regional Manager may grant the request. In cases where such excess does not exist, and the amount requested does not ex ceed $100.00, or where there is an excess and the amount requested does not ex ceed the excess by more than $100.00, the Regional Manager may grant the home owner’ s request that such portion of the cash proceeds be retained by or turned over to him, provided the Regional Man ager determines that such allowance is necessary for the completion of the x4 F R . 3989. transaction, and that the Corporation’ s interest would not be adversely affected. Where the circumstances are exceptional and the amount requested by the home owner is in excess of that which the Re gional Manager is authorized to grant, and the Regional Manager recommends that the request of the home owner be allowed, he shall forward the file, to gether with a summary of the case and his recommendation, to the General Manager for direction. (Effective date May 10,1941.) (Above procedure promulgated by Gen eral Manager and General Counsel pur suant to authority vested in them by the Federal Home Loan Bank Board acting pursuant to sections 4 (a), 4 (k) of Home Owners’ Loan Act of 1933, 48 Stat. 129, 132, as amended by section 13 of the Act of April 27, 1934, 48 Stat. 647: 12 U.S.C. 1463 (a), (k).) [seal] J. F rancis Moore, Secretary. [P. R. Doc. 41-3114; Piled, April 28, 1941; 1:58 p. m.] TITLE 30— MINERAL RESOURCES CHAPTER n i—BITUMINOUS COAL DIVISION [Docket No. A-759] Part 334— Minimum Price Schedule, D istrict No. 14 order granting temporary relief and conditionally providing for final re lief IN THE MATTER OF THE PETITION OF DISTRICT BOARD NO. 14 FOR THE ESTAB LISHMENT OF PRICE CLASSIFICATIONS AND MINIMUM PRICES FOR THE COALS FOR SHIPMENT BY RAIL PRODUCED AT THE MINES OF CERTAIN CODE MEMBERS IN DIS TRICT NO. 14 An original petition, pursuant to sec tion 4 E C (d) of the Bituminous Coal Act of 1937, having been duly filed with this Division by the above-named party, requesting the establishment, both tem porary and permanent, of price classifi cations and minimum prices for the coals for shipment by rail of certain mines in District No. 14, for which coals minimum prices for shipment by truck only have been heretofore established; and No petitions of intervention having been filed with the Division in the above- entitled matter; and It appearing that, contrary to the allegations contained in the petition, price classifications and minimum prices for rail shipment of the coals of Mine Index No. 138 operated by code member Northern Coal Company have been here tofore established and are set forth in the Schedule of Effective Minimum Prices for District No. 14 For All Shipments Except Truck, no relief is extended here in to that code member; and It appearing that, contrary to the allegations contained in the petition, Sharp Coal Company of Production Group No. 5 is not a code member under the Act, no relief is extended herein to that company; and in all other respects The Director finding that a reasonable showing of necessity has been made for the granting of temporary relief in the manner hereinafter set forth; and The Director deeming this action necessary in order to effectuate the pur poses of the Act; Now, therefore, it is ordered, That, pending final disposition of the above- entitled matter, temporary relief is granted as follows: Commencing forth with, § 334.5 (Alphabetical list of code members) is amended by adding thereto the supplement dated April 7, 1941, which is hereinafter set forth. It is further ordered, That pleadings in opposition to the original petition in the above-entitled matter, and applications to stay, terminate or modify the tem porary relief herein granted may be filed with the Division within forty-five (45) days from the date of this Order, pur suant to Rules and Regulations Govern ing Practice and Procedure before the Bituminous Coal Division in Proceedings Instituted Pursuant to section 4 II (d) of the Bituminous Coal Act of 1937. It is further ordered, That the relief herein granted shall become final sixty (60) days from the date of this Order, unless the Director shall otherwise order. Dated: April 7, 1941. [seal] H. A. Gray, Director.
Temporary and Conditionally Final Effective Minimum Prices for District No. 14 Note: The m aterial contained in th is "Supplem ent R ” is to be read in th e ligh t of th e classifications, prices, instructions, exceptions and other provisions contained in Part 334, M inim um Price Schedule for D istrict No. 14 and Supplem ents thereto. FOR ALL SHIPMENTS EXCEPT TRUCK § 334.5 Alphabetical list of code members—Supplement R [Alphabetical list of code members showing price classification by size group for all uses except railroad locomotive fuel] Mine index No. Code member Mine name Prod. group No. Freightorigin group No. 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 436 7 12 12 D B Q 209 7 J K M M L L I L > B B B A O 437 J & S 2 33 D D C C E B B B B A A A A 430 7 12 D E Dc B Q . 205 5 11 B « 203 6 18 B Q488 2 14 B N [P. R. Doc. 41-3069; Piled, April 25, 1941; 11:39 a. m .] [Docket No. A-35] Part 336— Minimum Price Schedule, District No. 16 ORDER OF THE DIRECTOR GRANTING PERMA NENT RELIEF IN THE MATTER OF THE PETI TION OF DISTRICT BO ARD 16 FOR THE ES TABLISHMENT OF PRICE CLASSIFICATIONS AND MINIMUM PRICES FOR THE COALS OF CERTAIN MINES NOT HERETOFORE CLASSI FIED AND PRICED An original petition having been filed with the Bituminous Coal Division on September 25,1940, by District Board N o > . 16, pursuant to section 4 II (d) of the Bituminous Coal Act of 1937, seeking clas sifications and minimum prices for the coals produced at certain truck mines in District 16; A hearing having been held in this matter, pursuant to an Order of the Di rector dated October 17, 1940, before a duly designated Examiner of the Divi sion, at a hearing room of the Division, 734 Fifteenth Street NW., Washing ton, D. C., on November 27, 1940, at which all interested parties were afforded an opportunity to be present, adduce evi dence, cross-examine witnesses and oth erwise be heard; and The preparation and filing of a report by the Examiner having been waived and the matter thereupon having been sub mitted to the Director; and The Director having made Findings of Fact and Conclusions of Law, and having rendered an Opinion in this matter which are filed herewith: It is ordered, That Part 336, Minimum Price Schedule for District No. 16, be, and the same hereby is, amended as follows: § 336.2 (Code member price index) Insert the following in proper alpha betical order: Clayton Coal Company, The, Wash ington Mine, Mine Index No. 21, Weld County, Subdistrict No. 6. Jackson, J. C., Sudduth Mine, Mine Index No. I ll, Jackson County, Subdis trict No. 11. Model Coal Company, Model Mine, Mine Index No. 138, Boulder County, Sub-District No. 7. § 336.21 (.General prices) Insert the following in proper alphabetical order: Under Subdistrict No. 6: Clayton Coal Company, The, Wash ington Mine, Weld County, and apply the following prices: Size groups: 1 2 3 4 5 6 8 9 10 11 12 13 465 415 415 465 415 395 340 265 215 205 185 355 Under Subdistrict No. 7: Model Coal Company, Model Mine, Boulder County, and apply the following prices: Size groups: 1 2 3 4 5 6 8 9 10 11 12 13 455 405 405 455 405 385 340 265 215 205 185 350 Under Subdistrict No. 11: Jackson, J. C., Sudduth Mine, Jackson County, and insert the following prices therefor: : Size groups: 1 2 3 4 5 6 8 9 10 11 12 13 425 375 375 415 365 — — — 100 — — 275 Dated: April 28, 1941. [seal] H. A. Gray, Director. [F .R . Doc. 41-3134; Filed, April 29, 1941; 11:31 a. m.] TITLE 31—MONEY AND FINANCE: TREASURY CHAPTER I—MONETARY OFFICES Part 130.—Regulations Relating to Transactions in Foreign Exchange, Transfers of Credit, Payments, and the Export or Withdrawal of Coin, B ullion and C urrency; and to Re ports of Foreign Property Interests in the United States AMENDMENT TO REGULATIONS* April 28, 1941. The Regulations of April 10, 1940, as amended (§§ 130.1 to 130.6), are further amended so as to extend all the provi sions thereof to, and with respect to, property in which Greece or any na tional thereof has at any time on or since iS e c . 5 (b ), 40 Stat. 415 and 966; sec. 2, 48 Stat. 1; P ublic R esolution No. 69, 76tb Congress; 12 U.S.C. 95a; E.O. 6560, Jan. 15, 1934; E.O. 8389, April 10, 1940; E.O. 8405, May 10, 1940; E.O. 8446, June 17, 1940; E.O. 8484, July 15, 1940; E.O. 8493, July 25, 1940; E.O. 8565, October 10, 1940; E.O. 8701, March 4, 1941; E.O. 8711, March 13, 1941; E.O. 8721, March 24, 1941; E. O. 8746, April 28, 1941. 2190 FEDERAL REGISTER, Wednesday, April 30, 1941
FEDERAL REGISTER, Wednesday, April SO, 1941 2191 April 28, 1941, had any interest of any nature whatsoever, direct or indirect; ex cept that reports on TFR-100 with re spect to all property situated in the United States on April 28,1941, in which Greece or any national thereof has at any time on or since April 28, 1941, had any interest of any nature whatsoever, direct or indirect, shall be filed by May 28,1941. [seal] H. Morgenthau, Jr., Secretary of the Treasury. Approved: F ranklin D Roosevelt [P. R. Doc. 41-3122; Filed, April 28, 1941; 3:39 p. m.] Part 170—General License No. 40 Under E xecutive Order No. 8389, A pril 10, 1940, as Amended, and Regulations Is sued Pursuant Thereto, Relating to Transactions in F oreign E xchange, E tc.1 ( 1 ) A general license is hereby granted licensing the Bank of Athens Trust Com pany and the Hellenic Bank Trust Com pany as generally licensed nationals. (2) As used in this general license: Any person licensed as a “generally licensed national” shall, while so licensed, be regarded as a person within the United States who is not a national of any foreign country designated in the Order: Provided, however, That the fore going shall not be deemed to suspend in any way the requirements of the Order and Regulations relating to reports, and the production of books, documents, rec ords, etc. (see sections 10 and 14 of the Order and § 130.4 of the Regulations). [seal! D. W. Bell, Acting Secretary of the Treasury. A pril 28, 1941. IF. R. Doc. 41-3120; Filed, April 28, 1941; 3:39 p. m.] Part 171—General License No 41 Under E xecutive Order No. 8389, A pril 10, 1940, as Amended, and Regulations Is sued Pursuant Thereto, Relating to *Sec. 5 (b ), 40 Stat. 415 and 966; sec. 2, 48 Stat. 1; Public R esolution No. 69, 76th Con gress; 12 U.S.C. 95a; E.O. 6560, Jan. 15, 1934; E.O. 8389, April 10, 1940; E.O. 8405, May 10, 1940; E.O. 8446, June 17, 1940; E.O. 8484, July 15, 1940; E.O. 8493, July 25, 1940; E.O. 8565, October 10, 1940; E.O. 8701, March 4, 1941; E.O. 8711, March 13, 1941; E.O. 8721, March 24, 1941; E.O. 8746, April 28, 1941; R egula tions, April 10, 1940, as am ended May 10, 1940, June 17, 1940, July 15, 1940, October 10, 1940, March 4, 1941, March 13, 1941, March 24, 1941, and April 28, 1941. Transactions in F oreign E xchange, Etc.1 A general license is hereby granted authorizing banking institutions within the United States to make payments from accounts in which Greece or a national thereof has a property interest within the meaning of the Executive Or der of April 10, 1940, as amended, and the Regulations issued thereunder of checks and drafts drawn or issued prior to April 28, 1941, and to accept and pay and debit to such accounts drafts drawn ■prior to April 28, 1941, under letters of credit: Provided, That each banking in stitution making any payment or debit authorized by this general license shall file promptly with the appropriate Fed eral Reserve Bank weekly reports show ing the details of such transactions. This license shall expire at the close of business on May 28, 1941. [seal! D. W. Bell, Acting Secretary of the Treasury. A pril 28, 1941. [F. R. Doc. 41-3121; Filed, April 28, 1941; 3:39 p. m .] CHAPTER IH—BUREAU OF THE PUBLIC DEBT [1941 Departm ent Circular No. 394— First A m endm ent] Part 300— D istinctive Paper for United States Currency and Other Securi ties A pril 22, 1941. The second sentence of paragraph 2 of Department Circular No. 394, dated Feb ruary 1, 1928 (31 CFR 300.2), is hereby amended to read as follows: § 300.2 Description of paper. * * * * * The distinctive feature of the new paper consists of small segments of silk or synthetic fiber, colored red and blue, incorporated in the body of the paper while in process of manufacture and evenly distributed throughout. [SEAL] D. W. Bell, Acting Secretary of the Treasury. [F. R. Doc. 41-3123; Filed, April 28, 1941; 3:40 p. m.j 1 Sec. 5 ( b ) , 40 Stat. 415 and 966; sec. 2, 48 Stat. 1; Public R esolution No. 69, 76th Con gress; 12 U.S.C., 95a; E.O. 6560, Jan. 15, 1934; E.O. 8389, April 10, 1940; E.O. 8405, May 10, 1940; E.O. 8446, June 17, 1940; E.O. 8484, July 15, 1940; E.O. 8493, July 25, 1940; E.O. 8565, October 10, 1940; E.O. 8701, March 4, 1941; E.O. 8711, March 13, 1941; E.O. 8721, March 24, 1941; E.O. 8746 April 28, 1941; Reg ulations, April 10, 1940, as am ended May 10, 1940, June 17, 1940, July 15, 1940, October 10, 1940, March 4, 1941, March 13, 1941, March 24, 1941, and April 28, 1941. [Dept. Cire. 530, 4th Rev.] Part 315— United States Savings Bonds Sec. 315.1 A pplicability. 315.2 R egistration. 315.3 L im itation on transfer. 315.4 L im itation on holdings. 315.5 Lost, stolen, m utilated, etc. 315.6 Safekeeping facilities. 315.7 Interest. 315.8 G eneral paym ent provisions. 315.9 Minors. 315.10 D isability other th an m inority. 315.11 Coowners. 315.12 Beneficiaries. 315.13 Fiduciaries. 315.14 Private corporations, etc. 315.15 States, public corporations, etc. 315.16 Deceased owners. 315.17 Creditors’ rights, etc. 315.18 Pledge w ith Secretary of Treasury or Federal Reserve Banks. 315.19 Reissue. 315.20 Further provisions. April 15, 1941. Department Circular No. 530, Third Revision, dated March 27, 1940 (Part 315 of Sub-title B of Title 31, Code of Federal Regulations, Supp. IH ), as amended, is hereby further amended and issued as a Fourth Revision, effective May 1,1941, to read as follows: The following regulations governing United States Savings Bonds are pub lished for the information and guidance of all concerned: § 315.1 Applicability of these regula tions. The regulations in this part apply generally to all United States Savings Bonds of all series whatever and bearing any issue dates whatever except as other wise specifically provided herein. De fense Savings Bonds of Series E, Savings Bonds of Defense Series F and Savings Bonds of Defense Series G may herein after be referred to as savings bonds, or bonds of Series E, F, and G respectively.* *§§315.1 to 315.20, inclusive, issued under th e authority of R.S. 161 (5 U.S.C. 22), the Second Liberty Bond Act, as amended; sec. 3, Public Debt Act of 1941. § 315.2 Registration — (a) General. United States Savings Bonds will be is sued only in registered form. The name and complete post office address of the owner and that of the coowner or desig nated beneficiary, if any, and the date as of which the bond is issued will be inscribed thereon at the time of issue by an authorized issuing agent.1 The form of registration used must express the actual ownership of and interest in the bond and, except as otherwise spe cifically provided in the regulations in this part, the Treasury Department will treat as conclusive the ownership of and interest in the bond so expressed. No iT h e date of m aturity is also inscribed on Savings Bonds of Series A, Series B and Series D.
2192 FEDERAL REGISTER, Wednesday, April 30, 1941 designation of an attorney, agent or other representative to request or receive payment on behalf of the owner, nor any restriction on the right of such owner to receive payment of the bond, other than as provided in the regulations in this part, may be made in the registration or other wise. (b) Restrictions on registration. The following restrictions on the registration of savings bonds shall apply whether on original issue or on authorized reissue: (1) registration of savings bonds sold on and after April 1, 1940, shall be re stricted to residents (whether individuals or others) of the Continental United States, the Territories and Insular Pos sessions of the United States, the Canal Zone and the Philippine Islands, or to American citizens temporarily residing abroad, and this restriction applies to owners, coowners and designated bene ficiaries; (2) registration of Savings Bonds of Series D sold on and after April 1, 1940, and of Savings Bonds of Series E sold on and after May 1, 1941, shall be restricted to natural persons (that is, individuals), whether adults or minors, in their own right; and (3) savings bonds sold on and after May 1,1941, may not be registered in the names of commercial banks which, for this purpose, are de fined as banks that accept demand deposits. (c) Forms of registration. Subject to the restrictions and exceptions set forth in the next preceding paragraph the fol lowing forms of registration are author ized: (1) In the names of natural persons (that is, individuals), whether adults or minors, in their own right as follows: (i) In the name of one person, for ex ample, “John A. Jones”. (ii) In the names of two (but not more than two) persons in the alternative as coowners, for example, “John A. Jones OR Mrs. Ella S. Jones”. No other form of registration establishing coownership is authorized. (iii) In the name of one (but not more than one) person, payable on death to one (but not more than one) other per son, for example, “John A. Jones, payable on death to Miss Mary E. Jones”; the first person named is hereinafter referred to as the owner or registered owner and the second named as the beneficiary or designated beneficiary. The full name of the owner and that of the coowner or beneficiary, if any, should be used, except that if there are two given names, the initial of one may be used. The name may be preceded by any applicable title such as “Dr.”, “Rev.”, etc., and in the case of women must be preceded by “Mrs.”, “Miss”, or other ap propriate title. A married woman’ s own given name should be used, not that of her husband, for example, “Mrs. Mary A. Jones”, not “Mrs. Prank B. Jones”. A minor, whether or not under legal guard ianship, may be named as sole owner, coowner, or beneficiary, except that if the funds used for the purchase of the bonds already belong to the minor he may be named only as owner, without coowner or beneficiary. If a person named in the registration of a bond is under legal disability and a guardian or similar legal representative of his estate has been appointed, or is otherwise legally qualified, the registration should indicate such facts by the addition of appropriate words, for example, “Prank Jones, a minor under legal guardianship”, or “Henry Jones, an incompetent under legal guardianship”. Bonds should not be registered in the name of a person under disability for reasons other than minority, unless a legal representative of his estate has been appointed. Important. The above forms of regis tration are the only ones authorized for bonds of Series E; for Series P and G the above forms are authorized, and in addition the forms set forth in the fol lowing subparagraphs. (2) In the names of fiduciaries of a single duly constituted and wholly in dependent trust estate, considered as an entity, in the forms set forth in the fol lowing subdivisions: Provided, how ever, That if two or more trusts (other than trusts under wills) have been, or are, established by the same grantor substantially similar in terms and for the benefit of the same person, such trusts will be considered together as an entity, and not as distinct and independ ent trusts: Provided, further, That bonds will not be registered in the name of a trustee of a trust established for the benefit of the grantor and revocable by him. (i) Executors, administrators, etc. In the names of executors, administra tors, or other similar legal representa tives of the estate of a single decedent appointed by a court of competent jur isdiction or otherwise legally qualified, followed by adequate identifying refer ence to the estate, for example, “John A. Smith, administrator of the estate of Henry J. Smith, deceased”, or “First National Bank and Mrs. Mary C. Jones, executors of the will of Alfred Jones, deceased”. (ii) Guardians, conservators, curators, etc. In the names of guardians or sim ilar legal representatives appointed by a court of competent jurisdiction or otherwise legally qualified, of the estate of any one minor or incompetent, for example, “William C. Jones, guardian of the estate of James B. Brown, a minor”, or “Alfred Smith, committee of the es tate of John Smith, an incompetent”. If a guardian or other legal representa tive holds a common fund for the ac count of two or more estates, bonds should be registered in the name of the representative separately for the estate of each ward, even though the repre sentative was appointed in a single proceeding. Registration in the names of natural or voluntary guardians is not authorized. (iii) Trustees, "by name. Subject to the limitations of subdivision (vi), in the names of trustees under wills, agreements, or similar written instruments, followed by adequate identifying reference to the instrument establishing the trust, for ex ample, “John C. Brown and the First Na tional Bank of Boston, trustees under paragraph 8 of the will of Henry C. Brown, deceased”, or “The Second Na tional Bank of Salem, trustee under agreement with George E. White, dated February 1, 1935”. The names of bene ficiaries need not be given unless neces sary to an adequate description of the trust. The names of all executors, administra tors, guardians, trustees, etc., must be in cluded in the registration. (iv) Trustees, by title alone. Subject to the limitations of subdivision (vi): (a) In the titles of public officers, public corporations or similar public bodies expressly authorized to act as trustees under a constitutional provision, statute, city ordinance or similar enact ment by a legislative body, followed by a reference to the proper provision of law and, if necessary, adequate identification of the trust involved, for example, “Treas urer of the State of Wisconsin, trustee under § 223.02 Wise. Stats., for holders of X Title Company securities”, or “City of Miami, trustees under ordinance passed _________ ,of sinking fund for holders of General Improvement Bonds o f ---------” (b) In the titles of trustees of unin corporated lodges, churches, societies, or similar unincorporated associations, title to whose property is duly held by trustees in accordance with the constitution or bylaws of the organization; the titles of such trustees should be followed by the name of the organization, the words “an unincorporated association”, and a refer ence to the appropriate authorizing pro vision, for example, “Trustees of the Soroptimist Society, an unincorporated association, under Section X of the bylaws”. (v) Board of trustees. In the names of boards of trustees, duly authorized to act as a board rather than as individual trustees, followed by appropriate refer ence to the trust instrument or similar authority (agreement, statute, etc.) un der which they are acting and, if neces sary, adequate identification of the trust, for example, “Board of Trustees of the Police Pension Fund of the City of Bur lington, Iowa, under Sections 6310-11 Iowa Code.” (vi) Pension or retirement funds, etc. Registration may be made in the names and title or titles alone, of trustees of a pension or retirement fund or of an in vestment, savings, insurance, annuity, or similar fund or trust, but in all such cases the fund will be regarded as an
2193FEDERAL REGISTER, Wednesday, April 30, 1941 entity regardless of the number of bene ficiaries or the manner in which their respective interests are established or de termined. Segregation of individual shares as a matter of bookkeeping or as a result of individual agreements with beneficiaries will not operate to consti tute separate trusts under the regula tions in this part. In any case the Treasury Department may require a copy of the instrument establishing and governing a trust. Reg istration may not be made in the names of trustees under an agreement or other governing authority which purports to create a trust, where the funds used represent merely security for the proper performance of an obligation, except un der a statute the terms of which ex pressly create an actual trust. (3) Private corporations and associa tions. In the names of any private or ganizations whether incorporated or un incorporated, as follows: (i) A private corporation, followed by the words “a corporation”, for example, “Smith Manufacturing Company, a cor poration”. (ii) An unincorporated association, such as a lodge, church, society, or simi lar body, followed by the words “an un incorporated association”, for example, “The Lotus Club, an unincorporated as sociation”. The term “an unincorpo rated association” should not be used to describe a trust fund, a partnership, or a trade name. (iii) A partnership, considered as an entity, followed by the words “a partner ship”, for example, “Smith and Brown, a partnership”. The full legal name of the corporation, unincorporated association, or partner ship, as the case may be, should be given in the registration. No officer or mem ber of the organization may be named in the registration. Reference may be made, if desired, to a particular book keeping fund or account (not a trust), for example, “Lafayette Post No. 1, The American Legion, an unincorporated as sociation (Building fund)”. (4) States and public corporation. In the name of the owner or custodian of public funds, other than trust funds, as follows: (i) Any sovereignty, as a State, or any public corporation, as a county, city, town, village, or school district, for ex ample, “County of Middlesex, Massachu setts”, or “Town of Takoma Park, Mary land”. (ii) Any duly constituted public body, as a board or commission, for example, “Maryland State Highway Commission”. (iii) Any public officer, designated by title only, for example, “Treasurer, City of Boston”. The registration should include the full name of the sovereignty or public cor poration owning the bonds and may in clude reference to a particular account, if desired, for example, “Treasurer, School District No. 2 of Morris County, Ransas, a Public Corporation (Cafeteria Fund)”. A savings bond registered in either of the forms authorized in (ii) or (iii) above will be considered as owned by the sovereignty or public corporation concerned for the purpose of applying the limitations set forth in § 315.4. (5) Unauthorized registration. A sav ings bond inscribed in a form substan tially different from those authorized in this section for bonds of that particular class will not be considered as validly issued and will be accepted only for a re fund of the purchase price, unless reissue can be made under the provisions of the regulations in this part.* § 315.3 Limitation on transfer. United States Savings Bonds are not transferable and are payable only to the owners named thereon except in the case of the disability or death of the owner or as otherwise specifically provided herein, but in any event only in accord ance with the provisions hereof. Accord ingly, savings bonds may not be sold and may not be hypothecated as collateral for a loan and may not be used to secure the performance of an obligation except as expressly provided by § 315.18.* § 315.4 Limitations on holdings—(a) Amount which may be held—(1) Savings bonds issued before March 1, 1941. Sec tion 22 of the Second Liberty Bond Act, as added February 4, 1935, provided that it should not be lawful for any one per son at any one time to hold savings bonds issued during any one calendar year in an aggregate amount exceeding $10,000 (maturity value). This limitation ap plies to all savings bonds issued before March 1, 1941. (2) Savings bonds of Series D issued on or after March 1, 1941. The Public Debt Act of 1941, effective March 1,1941, amended Section 22 of the Second Lib erty Bond Act, as amended, to authorize the Secretary of the Treasury by regu lation to fix the amount of savings bonds issued in any one year that may be held by any one person at any one time. By virtue of such authority, the Secretary of the Treasury has provided by regula tion effective March 1, 1941, that the amount of savings bonds of Series D originally issued to any one person dur ing any one calendar year (including those issued between January 1,1941, and February 28, 1941, inclusive) that may be held by that person at any one time shall not exceed $10,000 (maturity value). This paragraph, together with the one next preceding, establishes a limitation of $10,000 (maturity value) upon savings bonds of Series D originally issued to any one person between January 1, 1941, and April 30, 1941 (inclusive) that may be held by that person at any one time. (3) Defense Savings Bonds of Series E. Pursuant to the authority of the Second Liberty Bond Act, as amended, it is hereby provided that the amount of Defense ¡Savings Bonds of Series E originally is sued to any ope person during any one calendar year that may be held by that person at any one time shall not exceed $5,000 (maturity value). (4) Savings Bonds of Defense Series F and Defense Series G. Pursuant to the authority of the Second Liberty Bond Act, as amended, it is hereby provided that the amount of savings bonds of Defense Series F or of Defense Series G, or of the combined aggregate amount of both se ries, originally issued to any one person during any one calendar year that may be held by that person at any one time shall not exceed $50,000 (issue price). (b) Calculation of amount. In deter mining whether the prescribed limit with respect to savings bonds of any one series issued during any one calendar year is exceeded by any one person at any one time, there must be taken into account the aggregate maturity value (or, in the case of Series F and G, the aggregate is sue price) of all savings bonds of that series issued during that calendar year as shown by the issue dates thereon, in cluding (1) bonds originally issued to and registered in the name of that person alone, (2) those originally issued to and registered in the name of that person with another as coowner, and (3) in the case of bonds of Series A, B, C, or D, those ac quired before March 1,1941, on the death of another or the happening of any other event. Bonds of which such person is merely the designated beneficiary, in case of the death of the owner, those ac quired on or after March 1, 1941, on the death of another or the happening of any other event, those held by him in a fi duciary capacity only, and those in which his interest is only that of a beneficiary of a trust need not be included. Nothing herein contained shall be construed to validate any holdings theretofore ac quired in excess of the authorized limit as computed under the regulations in force at the time of such acquisition, which must be surrendered for redemp tion in accordance with such regulations. (c) Meaning of terms. For the pur pose of applying the limitation on hold ings, the term “person” shall include, but not be limited to, an individual, a part nership, a corporation, an unincorpo rated association, a trust estate, or any other legal entity. (d) Disposition of excess. If any person at any time acquires savings bonds issued during any one calendar year in excess of the prescribed amount the bonds so acquired must be immedi ately surrendered for refund of the issue price.* § 315.5 Lost, stolen, mutilated, de faced, or destroyed bonds—(a) Relief. A substitute may be issued for, or pay ment made of, an unmatured savings bond, and payment made of a matured savings bond, upon proof of the loss, theft, mutilation, defacement, or de struction of the bond. Relief will be granted in such cases only in accordance with the provisions of applicable stat utes and will be governed in general by the regulations contained in Department J Circular No. 300, as amended. Applica-
2194 FEDERAL REGISTER, Wednesday, April SO, 1941 tion for relief on account of loss, theft, mutilation, defacement or destruction should be made only on a form which may be obtained from the Treasury De partment, Division of Loans and Cur rency, Washington, D. C., or from any Federal Reserve Bank. In cases of mu tilation, defacement, or partial destruc tion the bond or so much thereof as remains should be carefully packed and forwarded to the Treasury Department, Division of Loans and Currency. (b) Notice of loss, etc. The Treasury Department, Division of Loans and Cur rency, should be immediately notified of the loss, theft, or destruction of any sav ings bond, reference being made to the series, year of issue, date and serial num ber of the bond, and the name and ad dress of the registered owner. If such bond is subsequently recovered, immedi ate notice of recovery should be given to the Department in order that delay may be avoided should the recovered bond be presented for payment, and if a sub stitute bond has been issued in lieu thereof, the recovered bond should be surrendered immediately to the Depart ment.* § 315.6 Safekeeping facilities — (a) Safekeeping of bonds. A savings bond will be held in safekeeping without charge by the Secretary of the Treasury if the holder so desires, and in such con nection the facilities of the Federal Re serve Banks as fiscal agents of the United States will be utilized. Postmasters will not act as safekeeping agents. Arrange ments for safekeeping may be made at the time of purchase or subsequently, and postmasters, upon request, will fur nish appropriate application blanks and envelopes to be used in forwarding bonds for safekeeping. The forwarding will be at the risk of the owner and the use of registered mail is recommended (postage and registration fee to be paid by the sender). A savings bond purchased by mail upon application to the Treasurer of the United States or to any Federal Reserve Bank may be placed in safe keeping when issued. All safekeeping transactions are subject to the provisions of the next succeeding paragraph. (b) Receipt and redelivery. Upon re ceipt of the savings bond the Federal Re serve Bank will place it in safekeeping and issue a receipt, which, unless deliv ered in person, will be mailed to the de positor at the address given in the ap plication. The Federal Reserve Bank will at any time deliver the bond to the owner or person entitled to possession thereof at his risk and expense upon his application and upon such identification through the return of the safekeeping receipt or otherwise, as may be required.* §315.7 Interest—(a) General. United States Savings Bonds are issued in two forms: (1) appreciation bonds, issued on a discount basis and redeem able before maturity at increasing fixed redemption values; and (2) current in come bonds, bearing interest payable semiannually and redeemable before ma turity at fixed redemption values less than the face amount of the bond. At present Series G constitutes the only is sue of current income savings bonds. (b) Appreciation bonds. No interest as such is paid on savings bonds issued on a discount basis. Such bonds increase in redemption value at the end of the first year from issue date and at the end of each successive half-year period thereafter until their maturity, when the full amount becomes payable. The in crement in value represents interest and is payable only on redemption of the bonds whether at or before maturity. (c) Current income bonds. Each such bond bears interest at a specified rate computed on the face amount thereof and payable semiannually. (1) Time and method of interest pay ments. Interest at the rate specified in Savings Bonds of Series G will be paid semiannually by check drawn as the bonds are inscribed (except in case of bonds in the form “A, payable on death to B”) , and mailed to the address of the owner or, in case of coowners, unless otherwise specifically directed, to the owner first named on the face of the bonds. Checks for interest on bonds in scribed in the form “A, payable on death to B” will be drawn payable to A. The first check will be issued six months from the issue date appearing on the bonds and subsequent checks each six months thereafter. Full advantage of interest at the rate specified may be secured only if the bonds are held to maturity; if Sav ings Bonds of Series G are redeemed be fore maturity in accordance with the provisions of §315.8 (b) (2), the differ ence between the face or full maturity value and the redemption value then payable as shown in the table of redemp tion values on the face of each bond will represent an adjustment of the interest to the rate appropriate for the shorter term, as set forth in the tables attached to the circular of issue. (1) Reissue during interest period. If a Savings Bond of Series G is reissued for any reason between interest payment dates, interest for the entire period will be paid, on the next interest payment date, by check drawn to the order of the person in whose name the bond is reis sued. (2) Change of address. In case the owner of savings bonds of Series G changes his address, a notice of the change should immediately be for warded to the Treasury Department, Division of Loans and Currency, Wash ington, D. C. Such notice should refer to all bonds for which it is desired that the address for delivery of interest checks be changed and should describe each bond by denomination, serial number, series designation (in cluding year of issue), and inscription appearing on the face of the bond. (3) Termination of interest. In case of redemption prior to maturity of sav ings bonds of Series G in accordance with the provisions of § 315.8 (b), inter est will cease on the last day of the in terest period next preceding the date of redemption. In case of partial redemp tion, interest on the amount redeemed will cease on the last day of the interest period next preceding the date of partial redemption, and thereafter will be paid only on the lower amount remaining after partial redemption. (4) Consolidation of checks. When ever possible a single check will be issued on each interest payment date for inter est on all savings bonds of Defense Series G due to any owner on that date. (5) Endorsement of checks. Checks for interest must be endorsed in accord ance with the requirements of the Treasurer of the United States, by the payees, either personally or by an attor ney-in-fact. Forms for the appointment of such attorney may be obtained from the Treasurer of the United States, Washington, D. C., or from any Federal Reserve Bank.* § 315.8 General payment and redemp tion provision—(a) Payment at matu rity. A savings bond of any series will be paid at or after maturity at its full face or maturity value, but only following presentation and surrender of the bond for that purpose with a request for pay ment properly signed and certified as provided herein. (b) Redemption before maturity. A savings bond may not be called for re demption by the Secretary of the Treas ury prior to maturity, but may be re deemed in whole or in part at the option of the owner, prior to maturity under the terms and conditions set forth in the offering circular of each series and in accordance with the provisions of these regulations, but only following presenta tion and surrender for that purpose with a request for payment duly signed and certified as provided herein. (1) Series A, B, C, D, and E. A sav ings bond of Series A, B, C, D, or E will be redeemed, in whole or in part, at any time after 60 days from the issue date, at the appropriate redemption value as shown on the face of the bond. (2) Series F and Series G. A savings bond of Series F or G will be redeemed, in whole or in part, at the option of the owner, on one month’ s notice in writing, on the first day of any month after six months from the issue date, at the ap propriate redemption value as shewn on the face of the bond. The notice of the owner’ s intention to redeem must be re ceived by a Federal Reserve Bank or the Treasury Department not less than one calendar month in advance of the day payment is desired, and may'be in the form of a duly executed request for pay ment. The bond, with the request for payment duly signed and certified as hereinafter provided, should be surren dered with the notice, if separate notice is given, and to the same agency to which the notice is given. See § 315.7 (c) (1) for provisions as to interest in the case of bonds of Series G redeemed prior to ma turity.)
2195FEDERAL REGISTER, Wednesday, April 30, 1941 (3) Defense Series G— redeemable be fore maturity at par on death. A savings bond of Series G will be redeemed at par before maturity, in whole or in part, but only after six months from the issue date, (i) upon the death of the owner, or a coowner, if a natural person, or (ii) as to bonds held by a trustee or other fiduciary, upon the death of any person which re sults in the termination of the trust, in whole or in part. If the trust is termi nated only in part, redemption at par will be made only to the extent of the pro rata portion of the trust so termi nated, to the next lower multiple of $100. In any case notice of desire to redeem at par before maturity must be given in accordance with the provisions of the next preceding subparagraph and must be received by the Treasury Department or a Federal Reserve Bank within four months after the date of death. (c) Form and date of requests. Re quests for payment must be executed within six months of the date of receipt of a bond by a Federal Reserve Bank or the Treasury Department, and unless otherwise authorized in a particular case the form of request appearing on the back of the bond must be used. Payment of a savings bond pursuant to a duly exe cuted request will be made on the earliest day consistent with the regulations in this part unless otherwise specifically requested. (d) Execution of request for pay ment—(1) Identification of oumer: sig nature. The registered owner in whose name the bond is inscribed, or such other person as may be entitled to payment under the provisions of the regulations in this part, must appear before one of the officers authorized by the Secretary of the Treasury to certify requests for payment (See paragraph (e) of this sec tion), establish his identity, and in the presence of such officer sign the request for payment in ink, adding, in the space provided, the address to which the check, issued in payment, is to be mailed. A signature to a request for payment made by mark (X) must be witnessed by at least one person in addition to the cer tifying officer and must be attested by an endorsement on the blank line, sub stantially as follows: “Witness to the above signature by mark” followed by the signature and address of the wit ness. If the name of the registered owner or other person entitled to pay ment, as it appears in the registration or in evidence on file in the Treasury Department, Division of Loans and Cur rency, has been changed by marriage or in any other legal manner, the signature to the request for payment should show both names and the manner in which the change was made, for example, “Miss Mary T. Jones, now by marriage Mrs. Mary T. Smith”, or “Jung Smelt, now by court order John Smith”. In the case of a change of name other than by mar riage, the request must be supported by satisfactory proof of such change, unless -2 already on file. No request signed in behalf of the owner by an agent or a person acting under a power of attorney will be recognized by the Treasury De partment except as specifically provided in § 315.18. (2) Certification of request. After the request for payment has been signed by the owner, the certifying officer should complete and sign the certificate pro vided (See paragraph (f) of this sec tion) , and the bond should then be pre sented and surrendered as provided in paragraph (h) of this section. (e) Certifying officers. The request for payment must be signed in the pres ence of, and be certified by, one of the following officers, who are hereby au thorized to certify requests for payment: (1) At United States post offices—(i) At any post office of any class. The post master, acting postmaster, or inspector in charge; and in addition (ii) At any post office of the first class (main office). The assistant postmaster, superintendent of mails, the postal cash ier, superintendent of money orders, money-order cashier, assistant cashier, bookkeeper, or foreman, or clerk tempo rarily in charge of the post office; and (iii) At any post office of the second or third class. The assistant postmaster or, if there is none, the clerk temporarily in charge of the post office in the absence of the postmaster; and (iv) At any classified branch or sta tion. The superintendent, assistant su perintendent, assistant cashier, book keeper, or foreman, or, in the absence of all such officials, the clerk temporarily in charge of the branch or station. (For instructions see paragraph (f) (1) and (2) of this section.) (2) At banks, trust companies, branches thereof and authorized sales agencies, (i) Any executive officer of any bank or trust company incorporated in the United States or its organized terri tories, including officers at domestic or foreign branches who are certified to the Treasury Department as executive offi cers; (ii) Any executive officer of incorpo rated banks and trust companies in the organized territories and insular posses sions of the United States and in the Commonwealth of the Philippines doing business under Federal charter or organ ized under Federal law; (iii) Executive officers of Federal Re serve Banks and branches thereof, in cluding managing directors, assistant managers, cashiers and assistant cash iers; and Federal Reserve agents and as sistant Federal Reserve agents; (iv) Executive officers of Federal Land banks; (v) Executive officers of Federal Home Loan banks; (vi) Executive officers of corporations not included in tlie preceding paragraphs, and of other organizations, which have qualified under the provisions of Depart ment Circular No. 657 as issuing agents for bonds of Series E, provided that the signatures and titles of such officers shall have been properly certified to the Treasury Department; and further pro vided that all certifications to requests for payment shall be authenticated by a legible impression of the corporate seal, if any, otherwise by a legible imprint of said issuing agent’ s dating stamp. (For general instructions to such officers see paragraph (f) (1) and (3) of this section.) (3) United States officials. Judges, clerks, and deputy clerks of United States courts, including United States courts for the organized territories, insular pos sessions, and the Canal Zone; United States attorneys; United States collec tors of customs and their deputies; United States collectors of Internal Revenue and their deputies; command ing officers of the United States Army, Navy, Marine Corps, and Coast Guard, but only for members of their respective commands, members of their families and civilian employees at Army Posts or Naval Bases or stations (such officer should indicate his rank, the organiza tion which he commands, and state that the person signing the request is one of the class whose requests he is authorized to certify); the officer in charge of any home, hospital, or other facility of the Veterans’ Administration, but only for patients and members of such facilities. (For instructions to such officers see paragraph (f) (1) of this section.) (4) Officers authorized in particular localities. In addition to the officers listed above, the following officers are authorized to certify requests for pay ment of United States Savings Bonds in the localities specified: (i) Washington, D. C.: Certain officers of the Treasury Department; (ii) Alaska: Governor, Treasurer, and United States Commissioners; (iii) Canal Zone: Governor, paymas ter or acting paymaster, collector or acting collector, the Panama Canal, and also postmasters and acting postmasters in the Bureau of Posts; (iv) Commonwealth of the Philip pines: The United States High Commis sioner, his Executive Assistant, and the Chief Clerk in his'office; Treasurer of the Commonwealth and the city treas urers of Manila and Baguio; judges and clerks of courts of record whose signa tures and official positions are certified by the Secretary of Justice;. (v) Guam and American Samoa: Governors, and naval and marine officers authorized to administer oaths for naval justice and administration; (vi) Hawaii: Governor and Treasurer; (vii) Puerto Rico: Governor a n d Treasurer; (viii) Virgin Islands: Governor and Commissioner of Finance. (For instruc tions to such officers see paragraph (f) (1) of this section.) (5) In foreign countries. In a for eign country requests for payment may be signed in the presence of and be cer- No. 84-
2196 FEDERAL REGISTER, Wednesday, April 30, 1941 tified by any United States diplomatic or consular representative, or manager (or other executive officer in charge) or as sistant manager of a foreign branch of a bank or trust company incorporated in the United States, who is certified to the Treasury Department as an executive officer. If such an officer is not avail able, requests for payment may be signed in the presence of and be certified by a notary or other officer authorized to ad minister oaths, but his official character and jurisdiction must be certified by a United States diplomatic or consular officer under the seal of his office. (For instructions to such officers see para graph (f) (1) of this section.) (6) Special provision. In the event none of the officers authorized to certify requests for payment of savings bonds is readily accessible, the Commissioner of the Public Debt is authorized to make special provision for any particular case. (f) Instructions to certifying officers— (1) In general. Certifying officers should require positive identification of the per son signing the request for payment, and will be held fully responsible therefor. In all cases the certifying officer must affix to the request for payment his official signature, title, address and seal, and the date of execution. If the officer does not possess an official seal, that fact should be made known and attested. (See sub- paragraphs (2) and (3) below for special instructions to post office officials and bank officials respectively.) (2) Post office officials.' If any desig nated post office official other than a post master, acting postmaster, or inspector in charge of an office certifies a request for payment, he should certify in the name of the postmaster, acting post master, or inspector in charge, followed by his own signature and official title, for example, “John Doe, postmaster, by Richard ,Roe, postal cashier”. In the case of a clerk in charge of an office, branch, or station, the official title should be followed by the name of such office, branch, or station, for example, “John Doe, postmaster, by Richard Roe, clerk in charge, Main Street Station”. The cer tification of any post office official must be authenticated by a legible imprint of a dating stamp of his post office. (3) Bank officers, (i) At the princi pal office of an incorporated bank or trust company, the signature of the certifying officer should be authenticated by a legi ble impression of the seal of the bank or trust company; (ii) at a branch, if the corporate seal is not available, the signa ture of the certifying officer and his official title should be certified to the Treasury Department, Division of Loans and Currency, by the parent bank or trust company under its seal, unless such certificate is already on file in that divi sion. (g) Interested person not to certify. No person authorized to certify requests for payment may certify a request for payment of a bond of which he is the owner, or in which he has an interest, either in his own right or in any repre sentative capacity. (h) Presentation and surrender. After the request for payment has been duly signed by the owner and has been cer tified as above provided, the bond must be presented and surrendered as follows: (1) If a bond is registered in the name of an individual in his own right or in the name of (i) a private organization in its own right, (ii) a State, (iii) a public corporation, (iv) a public board or com mission, or (v) a public officer, and pay ment is to be made to the registered owner or coowner, the bond should be presented and surrendered to a Federal Reserve Bank, or to the Treasurer of the United States, Washington, D. C. (2) If a bond is registered in the name of a fiduciary or if payment is to be made to any person other than the registered owner or coowner, the bond should be presented and surrendered to the Treas ury Department, Division of Loans and Currency, Washington, D. C., or to a Federal Reserve Bank. (3) In all cases presentation will be at the expense and risk of the owner, and, for his protection, the bonds should be forwarded by registered mail if not pre sented in person. Payment will be made by check drawn to the order of the regis tered owner or other person entitled and mailed to him at the address given in his request for payment. (i) Partial redemption. A savings bond of any series in a denomination other" than the lowest authorized for that series, may be redeemed in part, but only in multiples of the lowest author ized denomination, at the appropriate current redemption value, upon pres entation and surrender of the bond in accordance with the provisions of this section. In any such case, before the request for payment is signed, there should be added to the first sentence of the request for payment, on the line pro vided, the words “to the extent of $ -----------(maturity value), and reissue of the remainder”. Upon partial re demption of a savings bond the remain der will be reissued as of the original issue date, subject to the provisions of § 315.19. (As to interest on bonds of Defense Series G in case of partial re demption see § 315.7 (c) (3).) * § 315.9 Minors—(a) Payment to legal guardians. If the owner of a savings bond is a minor for whose estate a guard ian or similar legal representative has been appointed by a court of competent jurisdiction or is otherwise legally quali fied, and if the Treasury Department is properly advised of such fact, payment will be made only to such guardian, or similar legal representative. In any such case the request for payment appearing on the back of the bond should be signed by the guardian or sinfilar representative as such, for example, “John A. Jones, guardian of the estate of Henry W. Smith, a minor”. The request for payment must be supported by proof of the representa tive’ s authority. Such proof may con sist of a court certificate or a certified copy of the representative’ s letters of appointment, issued by the court having jurisdiction. The certificate, or the cer tification to the letters, must be under the seal of the court, must contain a state ment that the appointment is in full force, and should be dated within six months of the date of presentation of the bond for payment. A request for payment before maturity executed on behalf of a corporate fiduciary must be authorized by a resolution of the governing body of the corporation or by a standing bylaw, a certified copy of which must be furnished the Treasury Department, Division of Loans and Currency, Washington, D. C., unless already on file. (b) Payment to minors. If the Treas ury Department is not properly advised that a guardian or similar legal repre sentative of the estate of a minor owner of a savings bond has been appointed or is otherwise legally qualified, payment will be made direct to such minor owner, provided such minor is, at the time pay ment is requested, of sufficient com petency and understanding to sign his name to the request and to comprehend the nature of such act. In general the fact that the request for payment has been signed by the minor and duly certi fied in accordance with § 315.8 will be accepted as sufficient proof of such com petency and understanding. (c) Payment to parents. If the Treas ury Department is not properly advised that a guardian or similar legal repre sentative of the estate of a minor owner of a savings bond has been appointed or is otherwise legally qualified, and if such minor owner is not of sufficient compe tency and understanding to execute the request for payment, payment will be made to either parent of the minor with whom he resides, or if the minor does not reside with either parent, then to the person who furnishes his chief sup port. The parent or such other person should sign the request for payment in his own name, on behalf of the minor, in the form “Mrs. Mary Jones, on behalf of John C. Jones”, and should sign a certificate, in substantially the following form, which may be typed on the back of the bond: I certify th a t I am t h e ____________ (re lationship) of John C. Jones and th e person w ith whom he resides. He i s ____ years of age and is n ot of sufficient com petency and understanding to sign th is request. If a person other than a parent signs the request on behalf of the minor he should also certify that the minor does not re side with either and that he furnishes his chief support. The Treasury De partment may in any particular case re quire further proof that the minor is not of sufficient competency and understand ing to execute the request for payment and of the right of the person executing the request to act on behalf of the minor.* § 315.10 Disability other than minor ity—(a) Payment to legal guardian. If
FEDERAL REGISTER, Wednesday, April 30, 1941 2197 the owner of a savings bond has been ju dicially declared to be incompetent to manage his affairs and the Treasury De partment is properly advised that a guardian or similar legal representative of his estate has been appointed by a court of competent jurisdiction, payment will be made only to such guardian or similar legal representative. In this case the request for payment should be signed: “Thomas S. Gray, guardian (cur ator, conservator, or committee, as the case may be) of the estate of Benjamin S. Smith, an incompetent”. The request for payment must be supported by proof of the representative’ s authority. Such proof may consist of a court certificate or a certified copy of the representative’ s letters of appointment, issued by the court having jurisdiction. The certificate, or the certification to the letters, must be under the seal of the court, must con tain a statement that the appointment is in full force, and should be dated within six months of the date of pres entation of the bond for payment. A request for payment before maturity ex ecuted on behalf of a corporate fiduciary must be authorized by a resolution of the governing body of the corporation or by a standing bylaw, a certified copy of which must be furnished the Treasury Department, Division of Loans and Cur rency, Washington, D. C., unless already on file. (b) Payment to voluntary guardian. In any case where the owner of a savings bond has been judicially declared incom petent, or his incompetency, in the opin ion of the Secretary of the Treasury, is otherwise established and no guardian or other legal representative of his estate has been appointed or is otherwise legally qualified, and the entire gross value of his personal estate does not exceed $500, payment will be made to a member of his family, or other person, standing in the position of voluntary guardian, upon presentation of proof satisfactory to the Secretary of the Treasury that the pro ceeds of the bond are required, and are to be used, for the purchase of necessaries for the incompetent or for his wife or minor children or other persons depend ent upon him for support. Applications for such payment should be made only on appropriate forms which may be obtained from the Treasury Department, Division of Loans and Currency, Washington, D. C., or any Federal Reserve Bank. The request for payment should not be exe cuted, nor the bond presented, until the application has been approved and in structions have been given by the Treas ury Department.* § 315.11 Cooumers—(a) Payment or reissue. A savings bond registered in the names of two persons as coowners, for example, “John A. Jones OR Mrs. Mary C. Jones”, will be paid or reissued as fol lows: (1) During the lives of both coowners. During the lives of both coowners the bond will be paid to either coowner upon his separate request without requiring the signature of the other coowner,* and upon payment to either coowner the other person shall cease to have any interest in the bond. The bond will also be paid to both coowners upon their joint re quest, in which case payment will be made by check drawn to the order of both coowners in the form, for example, “John A. Jones and Mrs. Mary C. Jones”, and the check must be endorsed by both pay ees. The bond will not be reissued in any form during the lives of both co owners except as specifically provided in the regulations in this part. (2) After the death of one coowner. If either coowner dies without having presented and surrendered the bond for payment to a Federal Reserve Bank or the Treasury Department, the surviving coowner will be recognized by the Treas ury Department as the sole and absolute owner of the bond, and payment will be made only to him: Provided, however, That if a coowner dies after he has prop erly executed the request for payment and after the bond has actually been received by a Federal Reserve Bank or the Treasury Department, payment of the bond, or check if one has been issued, will be made to his estate in accordance with the provisions of § 315.16. Upon proof of the death of one coowner and appropriate request by the surviving coowner, the bond will be reissued in the name of such survivor alone, or (if not a minor or under any other legal dis ability) in his name payable on death to a d e s i g n a t e d beneficiary. (See §315.12 (e)) (3) After the death of the surviving co owner. After the death of a surviving coowner who became solely entitled to the bond under the provisions of the next preceding subparagraph, the bond will be paid or reissued in accordance with the provisions of § 315.16, as though it were registered in the name of the last deceased coowner alone. In this case proof of the death of both coowners and of the order in which they died will be required. (b) Limitation on reissue. Any reissue authorized in this section will be made only subject to the limitations set forth in § 315.19.* § 315.12 Beneficiaries—(a) Payment to registered owner. A savings bond reg istered in the name of one person, pay able on death to a designated beneficiary, for example, “Henry W. Ash, payable on death to John C. Black”, will be paid to the registered owner during his life time upon his properly executed request without regard to the designated bene ficiary. If the beneficiary should pre decease the registered owner the bond will be paid as though no beneficiary had been named in the registration. (b) Reissue during lifetime of regis tered owner. A savings bond registered in the name of one person payable on death to a designated beneficiary may not be reissued during the lifetime of such beneficiary so as to eliminate his name. If such beneficiary should pre decease the registered owner, the bond may, upon appropriate request by the registered owner, and proof of the death of the beneficiary, be reissued in the name of the registered owner alone, or in his name payable on death to a new beneficiary. (c) Payment or reissue to beneficiary. If the registered owner dies without hav ing presented and surrendered the bond for payment to a Federal Reserve Bank or the Treasury Department, and is sur vived by the beneficiary, upon proof of such death and survivorship, the bene ficiary will be recognized by the Treasury Department as the sole and absolute owner of the bond, and payment will be made only to him, or, upon appropriate request by the beneficiary the bond may be reissued in his name alone or (if not a minor or under any other legal disability) in his name payable on death to a single designated beneficiary: Provided, how ever, That if the bond with a properly executed request for payment has ac tually been received by a Federal Reserve Bank or the Treasury Department, pay ment of the bond, or check if one has been issued, will be made to the estate of the deceased owner in accordance with the provisions of § 315.16. (d) Payment or reissue after death of the surviving beneficiary. After the death of a surviving beneficiary who be came entitled to the bond under the pro visions of the next preceding paragraph, the bond will be paid or reissued in ac cordance with the provisions of § 315.16, as though the bond were registered in the name of the surviving beneficiary alone. In this case proof of the death of both the registered owner and the beneficiary and of the order in which they died will be required. (e) Reissue to add a beneficiary. A savings bond registered in the name of one person in his own right or to which one person is shown to be entitled in his own right under the regulations in this part, upon appropriate request by such person (if not a minor or under any other legal disability) may be reissued in whole or in part, in his name payable on death to a single designated beneficiary. (f ) Limitation on reissue. Any reissue authorized in this section will be made only subject to thè limitations set forth in § 315.19.* § 315.13 Fiduciaries—(a) Payment to fiduciaries. A savings bond registered in the name, of, or otherwise belonging to a fiduciary estate, will be paid to the fiduci aries of such estate upon their request. The request for payment must be signed by all acting fiduciaries, except for pay ment at maturity, when a request by any one or more acting fiduciaries will be ac cepted, but payment will be made to all. If the bond is registered in the names of individual fiduciaries of the estate who are still acting, no further evidence of authority will be required. In other cases the request for payment must be sup-
2198 FEDERAL REGISTER, Wednesday, April 30, 1941 ported by certain evidence as specified below: (1) Fiduciaries—by title only. If the bond is registered in the titles without the names of the fiduciaries, satisfactory proof of the incumbency of the fiduciaries must be furnished, except in the case of public officers. (2) Succeeding fiduciaries. If the fiduciaries in whose names the bonds were registered have been succeeded by other fiduciaries, satisfactory proof of successorship must be furnished. (3) Boards, committees, etc., as fidu ciaries. If the fiduciaries consist of a board, committee, commission, or public body, or are otherwise empowered to act as a unit, a request for payment before maturity must be supported by a duly certified copy of a resolution of the board or other body authorizing such action. In any case the request must be signed in the name of the board or other body by an authorized officer or agent thereof. (4) Corporate fiduciaries. If the fidu ciary is a corporation, a request for pay ment before maturity must be supported by a duly certified copy of a resolution of the governing body of the corporation or a standing bylaw authorizing such action. In any case the request must be signed in the name of the corporation, in the fiduciary capacity in which it is acting, by an authorized officer thereof. (5) Registration not disclosing trust. If the form in which the bond is regis tered does not show that it belongs to a fiduciary estate or does not identify the estate to which it belongs, satisfactory proof of ownership must be furnished: Provided, however, That these provisions do not apply to bonds registered in the name of, or held by the estate of, a de cedent for whose estate a legal repre sentative has been appointed; such bonds are governed by the provisions of § 315.16. (b) Reissue in the name of a succeed ing fiduciary. If a person in whose name a savings bond is registered as a fiduciary has been succeeded as such fiduciary by another person, the bond will be reissued in the name of the succeeding fiduciary upon appropriate request and satisfac tory proof of successorship. (c) Reissue in the name of, or pay ment to, the person entitled—(1) Dis tribution of trust estate in kind. A sav ings bond to which a beneficiary of a trust has become lawfully entitled, in whole or in part, under the terms of the trust, will be reissued in his name to the extent of his interest, as a dis tribution in kind, upon the request of the trustee or trustees and their cer tification that such person is entitled and has agreed to reissue in his name: Pro vided, That if a trustee himself is so entitled in his own right, his request for reissue in his name must be supported by an order of court or other satisfactory proof that he is so entitled, unless a co fiduciary joining in the request has no beneficial interest in the estate: Pro vided, further, That if the form in which the bond is registered does not show that it belongs to a trust estate, the request for reissue must be supported by satis factory proof of ownership. (2) After termination of trust estate. If the person who would be lawfully en titled to a savings bond upon the ter mination of a trust does not desire to have such bond distributed to him in kind, as provided in the next preceding subparagraph, the trustee or trustees should redeem the bond in accordance with the provisions of paragraph (a), before the estate is terminated. If, how ever, the estate is terminated without such payment or reissue having been made, the bond will thereafter be paid to or reissued in the name of the person lawfully entitled upon his request and satisfactory proof of ownership, supple mented, if there are two or more persons having any apparent interest in the bond, by an agreement executed by all such persons. (3) Upon termination of guardianship estate. A savings bond registered in the name of a guardian or similar legal rep resentative of the estate of a minor or incompetent, if the estate is terminated during the ward’ s lifetime, will be re issued in the name of the former ward upon the representative’ s request and certification that the former ward is en titled and has agreed to reissue in the name of the former ward upon his own request, supported in either case by sat isfactory proof that his disability has been removed. Certification by the rep resentative that a former minor has at tained his majority, or that the legal dis ability of a female ward has been re moved by marriage, if the state law so provides, will ordinarily be accepted as sufficient, but if the disability is removed by court order a duly certified copy of the order will be necessary. Upon the death of the ward a bond registered in the name of his guardian or similar rep resentative will be reissued in accordance with the provisions of § 315.16 as though it were registered in the name of the ward alone. (d) Bonds held by trustee where re issue not authorized. Savings Bonds of Series D issued after April 1, 1940, and Defense Savings Bonds of Series E, may be held without change of registration by a trustee under the will of the de ceased owner thereof (but may not be reissued in the name of such trustee). Bonds so held will be paid, or, upon ter mination of the trust, will be reissued in the names of the persons entitled in their own right, in accordance with the pro visions of this section: Provided, That proof of the appointment and authority of the trustee will be required. (e) Limitation on reissue. Any reissue authorized in this section will be made only subject to the limitations set forth in § 315.19.* § 315.14 Private corporations, associ ations, partnerships, etc.—(a) Payment to corporations or unincorporated asso ciations. A savings bond registered in the name of a private corporation or an unincorporated association will be paid to such corporation or unincorporated association upon request for payment on its behalf by a duly authorized officer thereof. The signature to the request should be in the form, for example, “The Jones Coal Company, a corporation, by William A.. Smith, president”, or “The Lotus Club, an unincorporated associa tion, by John Jones, treasurer”. A re quest for payment so signed and duly cer tified in accordance with § 315.8 will ordi narily be accepted without further proof of the officer’ s authority. (b) Payment to partnerships. A sav ings bond registered in the name of a partnership will be paid upon a request for payment signed by a general partner. The signature to the request should be in the form “Smith and Jones, a partner ship, by John Jones, a general partner”. A request for payment so signed and duly certified in accordance with § 315.8 will ordinarily be accepted as sufficient proof that the person signing the request is duly authorized. (c) Reissue or payment to successors of corporations, unincorporated associa tions, or partnerships. A savings bond registered in the name of a private cor poration, an unincorporated association, or partnership which has been succeeded by another corporation, unincorporated association, or partnership as the result of merger, consolidation, reincorpora tion, conversion, reorganization, or other succession where the ownership of the succeeding organization is substantially identical with that of its predecessor, duly effected by authority of law, will be paid to, or reissued in the name of, the respective succeeding corporation, unin corporated association, or partnership upon appropriate request on its behalf supported by satisfactory proof of suc cessorship. (d) Reissue or payment on dissolu tion— (1) Corporations. A savings bond registered in the name of a private cor poration which is in process of dissolu tion will be paid to the authorized liqui dators of the corporation on their re quest for payment as such, or will be reissued in the names of the stockholders entitled as distributees, to the extent of their respective interests, upon the re quest of the authorized liquidators of the corporation and their certification that all the debts of the corporation have been paid or properly provided for and that the persons in whose names reissue is requested, to the extent specified, are entitled as stockholders and have agreed to such reissue. In any case a request for payment or reissue by the liquidators of a corporation must' be supported by proof of their authority in the form of a certified copy of the stockholders’ au thorizing resolution and such other evi dence as the Secretary of the Treasury may require, unless already on file. (2) Partnerships. A savings bond reg istered in the name of a partnership which has been dissolved by the death or withdrawal of a partner, or otherwise, will be paid to, or reissued in the name
FEDERAL REGISTER, Wednesday, April 30, 1941 2199 of, the persons entitled to the partner ship assets to the extent of their respec tive interests, upon the request of such persons supported by a certificate and agreement executed by all surviving partners, former partners, and repre sentatives of the estates of any deceased partners, identifying themselves as such, showing that the debts of the partner ship have been paid or properly provided for, and setting forth their agreement with respect to the ownership of the bonds. (e) Limitation on reissue. Any re issue authorized by this section will be made only subject to the limitations set forth in § 315.19.* § 315.15 States, public corporations, and public boards, commissions and of ficers—(a) In names of States, public corporations, and public boards. A sav ings bond registered in the name of a State or of a county, city, town, village, or other public corporation, or in the name of a public board or commission, will be paid upon a request signed in the name of such State, corporation, board, or commission by a duly authorized officer thereof. A request for payment so signed and duly certified in accord ance with § 315.8 will ordinarily be ac cepted without further proof of the of ficer’ s authority. (b) In names of public officers. A savings bond registered in the title, without the name, of an officer of a State or public corporation, such as a county, city, town, or village, will be paid upon request for payment signed by the des ignated officer. The fact that the re quest for payment is signed and duly certified in accordance with § 315.8 will ordinarily be accepted as sufficient proof that the person signing is the incum bent of the designated office.* § 315.16 Deceased owners—(a) Pay ment or reissue on death of owner. Upon the death of the owner of a savings bond, who was not survived by a co owner or designated beneficiary and who had not during his lifetime presented and surrendered the bond to a Federal Reserve Bank or the Treasury Depart ment with a request for reissue signed by him and duly certified, the bond will be paid or reissued as hereinafter pro vided, either pursuant to proceedings in a court having jurisdiction of the estate or, in appropriate cases, without such proceedings. The provisions of this paragraph shall also apply to savings bonds registered in the names of execu tors or administrators except that proof of their appointment and qualification may not be required. Established forms for use in such cases may be obtained from any Federal Reserve tìank or from the Treasury Department, Division of Loans and Currency, Washington, D. C., and should be used in every instance. - (1) In course of administration. If the estate of the decedent is being admin istered in a court of competent jurisdic tion, the bond will be paid to, or, when administration is concluded, reissued in the names of, the persons entitled to share in the estate, upon the request of the duly appointed and qualified repre sentative of the estate. If payment is desired, the request for payment on the back of the bdnd should be signed by the representative and payment will be made only to him. If reissue is desired, the representative should request reissue in the names of the persons entitled and should certify that they are so entitled to the extent specified with respect to each, and that they have agreed to such reissue. The request for payment or re issue should be signed in the form, for example, “John A. Jones, administrator of the estate (or executor of the will) of Henry W. Jones, deceased”. Reissue will be made in the name of the person en titled, payable on death to a designated beneficiary, upon appropriate request by such person, in addition to the request and certification by the representative. A request for payment or reissue must be supported by proof of the representa tive’ s authority. Such proof may consist of a court certificate or a certified copy of the representative’ s letters of appoint ment issued by the court having jurisdic tion. The certificate, or the certification to the letters, must be under the seal of the court, must contain a statement that the appointment is in full force, and should be dated within six months of the date of presentation of the bond for pay ment or reissue. If the representative is himself the person entitled and desires reissue in his own name, a special order of court showing that he is entitled to the bond in his own right must be fur nished. A request for payment before maturity on behalf of a corporate fiduci ary must be supported by appropriate evidence as provided in § 315.13 (a) (4). (2) After settlement through court proceeding. If the estate of the dece dent has been settled in a court of com petent jurisdiction, the bond will be paid to, or reissued in the name of, the per sons entitled thereto under the terms of the final account, decree of distribution, or other similar court records, supple mented, if there are two or more persons having an apparent interest in the bond, by an agreement executed by all such persons. The persons entitled should re quest payment or reissue on appropriate forms, which may be obtained as above provided. The request for payment or reissue, and the agreement, if necessary, must be supported by duly certified copies of the pertinent court records. (3) Without administration. If no legal representative of the decedent’ s estate has been or is to be appointed, and if it is established to the satisfac tion of the Secretary of the Treasury either that the gross value of the per sonal estate does not exceed $500, or that administration of the estate is not required in the State of the decedent’ s last domicile, the bond will be paid to, or reissued in the name of, the persons en titled to share in the estate pursuant to an agreement by all such persons with out requiring administration of the' es tate: Provided, however, That reissue will not be made in the name of a cred itor of the estate. The persons entitled should request payment or reissue on appropriate forms which may be ob tained as above provided. Unless oth erwise directed by tfie Treasury Depart ment the request for payment or reissue must be supported by (i) affidavits by all persons entitled to any share in the estate, setting forth the facts in detail, and their agreement for the distribution of the bond, (ii) proof that the debts of the decedent and of his estate have been paid or provided for, (Hi) affidavits of credibility by two disinterested per sons having personal knowledge of the decedent and his family, and (iv) a death certificate or other proof of the death of the decedent. The evidence should be submitted only on the form established for that purpose, which may be obtained as above provided. No pay ment or reissue will be permitted with out administration if any of the persons entitled are minors or incompetents, ex cept to them or in their names, in whole or to the extent of their interests in the decedent’ s entire personal estate, or upon compliance with the provisions of §§ 315.9 and 315.10 governing payment of savings bonds registered in the names of such persons. (b) Forms of registration on reissue. In no case will reissue as authorized in this section be made in the names of two persons as coowners, nor will bonds of Series D bearing issue dates on or after April 1, 1940, or bonds of Series E, be reissued except in the names of natu ral persons (that is, individuals) in their own right. (c) Limitation on reissue. Any reissue authorized by this section will be made only subject to the limitations set forth in § 315.19.* § 315.17 Creditors’ rights and judicial proceedings—(a) Judicial proceedings. The ownership of a savings bond or in terest therein may be transferred or es tablished through valid judicial proceed ings: Provided, however, That no such proceedings will be recognized if they would give effect to an attempted volun tary transfer inter vivos of the bond or would defeat or impair the rights of sur vivorship conferred by the regulations in this part upon coowners and beneficiaries. Payment, or partial payment in accord ance with the provisions of § 315.8 (i), in an amount not in excess of the interest so transferred or established, will be made upon presentation and surrender of the bond with the request for payment duly executed, at the redemption value cur rent 30 days after the proceedings have become final, or current at the time the bond is presented for payment, which ever is earlier. A bond or interest therein will not be reissued as the result of judicial proceedings except in the case of a determination of ownership as be tween coowners, in which case the bond may be reissued in the names of the respective coowners, to the extent of their respective interests as determined by such proceedings, and only in authorized
2200 FEDERAL REGISTER, Wednesday, April 30, 1941 denominations. The request for payment or reissue must be supported by a cer tified copy of the judgment or decree of court through which the ownership was transferred or established, certified cop ies of the records with respect to any necessary supplementary proceedings, and a certificate by the clerk of the court showing that no appeal, motion for new trial, or other proceeding which may re sult in modifying the judgment or decree has been taken, made, or applied for, that the time for such action has expired (or that such proceeding has been finally terminated), and that the judgment or decree is in full force and effect and has become final under the laws of the juris diction. The Secretary of the Treasury may in any case require such further in formation, documents, and security as he may deem necessary. (b) Bankruptcy and insolvency. Payment (but not reissue) of a savings bond will be made to a duly qualified receiver or trustee in bankruptcy of the estate of the registered owner, adjudi cated bankrupt or insolvent, upon request for payment duly executed by such re ceiver or trustee and supported by satis factory proof of his appointment and qualification.* § 315.18 Pledge with Secretary of Treasury or Federal Reserve Banks. Notwithstanding any other provisions of this or any other circular, a savings bond may be pledged by the registered owner in lieu of surety under the provisions of Department Circular No. 154, amended: Provided, That the bond approving officer is the Secretary of the Treasury. In such cases an irrevocable power of attorney shall be executed authorizing the Secre tary to request payment, and payment of the bond will, if it becomes necessary, be made upon such request at the then ap propriate redemption value. No pledge to a bond approving officer other than the Secretary of the Treasury will be per mitted. A savings bond may also be de posited as security with a Federal Reserve Bank under the provisions of Department Circular No. 657 by an institution certi fied under that circular as an issuing agent for Defense Savings Bonds of Series E. In no other cases are savings bonds suitable for use as collateral, nor will a power of attorney to request pay ment be recognized in any other case.* § 315.19 Reissue and denominational exchange—(a) General. Reissue of sav ings bonds in a different form of regis tration will be made only in the follow ing instances and only in denominations and forms of registration authorized for the bonds surrendered: (1) To correct an established error in the original issue; (2) To show a change in the name of an owner or beneficiary whether by mar riage or otherwise; (3) As specifically provided in this part. Reissues pursuant to (2) and (3) above will be made only at the Treasury De partment, Division of Loans and Cur rency, Washington, D. C., upon a request which must be signed by the person au thorized by the regulations in this part to make such request, in the presence of, and be certified by, an authorized officer in accordance with § 315.8 (d) and (e). Re quests for reissue should be executed on appropriate forms which may be ob tained from the Division of Loans and Currency or from any Federal Reserve Bank. Bonds held in excess of the pre scribed limit, calculated in accordance with § 315.4, will not be reissued except insofar as reissue may be made pursuant to subparagraph (1) above. (b) Limitation on reissue. In any case where reissue is authorized by these'regu- lations, the Treasury Department re serves the right to treat the receipt of a bond and appropriate request for reissue thereof by a Federal Reserve Bank or the Treasury Department as determining the date upon which the reissue as requested is effective. (c) Denominational exchange. Ex change as between authorized denomina tions of savings bonds will not be permitted except in cases of partial re demption or authorized reissue. (d) New bonds on reissue. In all cases of reissue the savings bonds will be of the same series, will bear the same issue date, and will have the same rights and privileges as the savings bonds surren dered.* § 315.20 Further provisions—(a) Regu lations prescribed. The regulations in this part are prescribed by the Secretary of the Treasury as governing United States Savings Bonds issued under the authority of Section 22 of the Second Lib erty Bond Act, approved September 24, 1917, as amended, and pursuant to the various Department Circulars offering such bonds for sale. The provisions of Treasury Department Circular No. 300, as amended, have no application to such savings bonds except as hereinbefore spe cifically provided. (b) Preservation of rights. Nothing in the regulations in this part contained shall be construed to limit or restrict any existing rights which holders of savings bonds heretofore issued may have ac quired under the circulars offering such bonds for sale, or under the regulations in force at the time of purchase. (c) Additional proof; bond of indem nity. The Secretary of the Treasury, in any case arising under the regulations in this part, may require such additional proof as he may consider necessary or advisable in the premises; and may re quire a bond of indemnity with satisfac tory sureties, or an agreement of indem nity, in any case where he may consider such a bond or agreement necessary for the protection of the interests of the United States. (d) Correspondence and forms. Corre spondence in regard to any transactions in United States Savings Bonds under the provisions of the regulations in this part should be addressed to the Treasury De partment, Division of Loans and Cur rency, Washington, D. C. All evidence. required in support of such transactions should be filed with that division. Ap propriate forms for use in connection with such transactions may be secured from that division or from any Federal Reserve Bank. (e) Supplements, amendments, or re visions. The Secretary of the Treasury may at any time, or from time to time, prescribe additional, supplemental, amendatory or revised rules and regula tions governing United States Savings Bonds.* [seal] H enry Morgenthatt, Jr., Secretary of.the Treasury. [F. R. Doc. 41-3148; Filed. April 29, 1941; 11:45 a. m.] TITLE 33-NAVIGATION AND NAVIGABLE WATERS CHAPTER I—COAST GUARD, DE PARTMENT OF THE TREASURY Part 7—"Wm* A nchorage and Movements of Vessels and the Lading and Dis charging of Explosives or Inflamma ble Material or Other D angerous C argo Pursuant to the authority contained in section 1, Title n of the Act of June 15, 1917,40 Stat. 220 (U.S.C. title 50, sec. 191), and a Proclamation issued June 27, 1940 (5 F.R. 2419), the Rules and Regulations Governing the Anchorage and Move ments of Vessels and the Lading and Dis charging of Explosive or Inflammable Material or Other Dangerous Cargo, ap proved October 29, 1940 (5 F.R. 4401), are hereby amended as follows: Section 7.10 (c), is amended by adding the following subparagraph (6): § 7.10 Anchorage regulations for cer tain ports of the United States.1 * * * * * (6) The following regulation, approved by the Secretary of War on March 22, 1941, establishing a temporary restricted navigation area at the U. S. Fleet Oper ating Base in Los Angeles and Long Beach Harbor, California, is hereby af firmed and adopted: THE A R EA (a) Beginning at the seaward end of the jetty in extension of the westerly city boundary of Long Beach; thence to a point which bears 268° 51' true from Long Beach breakwater light, and distant therefrom 3,097 yards; thence to a point which bears 257° 15' true from said light, and distant therefrom 2,088 yards; thence to a point which bears 267°08' true from said light, and distant therefrom 840 yards; thence to the seaward end of the West Mole, westerly of the entrance channel to Long Beach Inner Harbor. THE REGULATIONS (b) (1) No vessel shall enter or remain in the above area except those engaged in construction operations at the U. S. Fleet Operating Base. 15 F.R. 4403, 6 F R . 1479.
FEDERAL REGISTER, Wednesday, April 30, 1941 2201 (2) These regulations shall remain in effect until the completion of marine operations in connection with said con struction, on or about January 1, 1942. [seal! H. Morgenthau, Jr., Secretary of the Treasury. Approved: F ranklin D Roosevelt The White House, April 22, 1941. [F. R. Doc. 41-3124; Filed, April 28, 1941; 3:40 p. m.] CHAPTER II—CORPS OF ENGINEERS, WAR DEPARTMENT Part 203— Bridge Regulations1 § 203.335 Aquia Creek, Va.; bridge of Richmond, Fredericksburg and Potomac Railroad, (a) The draw shall be opened promptly upon signal for the passage of vessels, at any time between 7:00 a. m. and 5; 00 p. m., except as provided in paragraph (b ), and provided that at least 36 hours advance notice of the time the opening is required shall have been given to the authorized representative of the owner of, or agency controlling, the bridge. * * * * * (d) The owner of, or agency control ling the bridge shall keep conspicuously posted on both the upstream and down stream sides of the bridge in a manner that it can easily be read at any time a copy of these regulations together with a notice stating exactly how the repre sentative specified in paragraph (a) may be reached. (e) These regulations shall supersede all previous regulations for the opera tion of this drawbridge. (Sec. 5, River and Harbor Act, Aug. 18, 1894 (28 Stat. 362; 33 U.S.C. 499) [Regs. Apr. 15, 1941 (E. D. 6371 (Richmond, Fredericksburg- Potomac R. R.—Aquia Creek)—3/5)] [seal] E. S. A dams, Major General, The Adjutant General. [F. R. Doc. 41-3127; Filed, April 29, 1941; 9:44 a. m.] Part 204—Danger Zone Regulations2 § 204.92 Waters of Gulf of Mexico, San Bernard River to Aransas Pass; United States Air Corps bombing area and gunnery range. THE DANGER ZONES (a) (1) The gunnery and bombing range hereinafter referred to as the “re stricted area” includes the waters in the Gulf of Mexico adjacent to the Texas Coast described as the Northeast and Southwest Areas. (See U.S.C. and G.S. Chart No. 1117.) All azimuths are re ferred to a true meridian. (2) Northeast area. An area in the Gulf of Mexico beginning at a point on „ 1 5 203.335 (a) and (d) are am ended and § 203.335 (e) is added. 2 § 204.92 is added. the shore line at the San Bernard River; thence 147° to a point in latitude 28° 43' N., longitude 95°20' W.; thence 238°30' to a point in latitude 28° 26' N., longitude 95°51' W.; thence 151°30' to a point in latitude 28°16' N., longitude 95°45' W.; thence 236° to a point in latitude 28°02' N., longitude 96°08' W.; thence 325°30' to a point in latitude 28°16' N., longitude 96° 18'45" W.; thence 56° to a point in latitude 28°18' N„ longitude 96°15' W.; thence 325°30' to a point on the shore line of Matagorda Peninsula two miles northeastward of Decros Point, excluding an area at the mouth of the Colorado River flood discharge channel extending along the shore one-half mile southwest- ward and one mile northeastward from the mouth of the river and two miles Gulfward. The restricted area also in cludes an area in Matagorda Bay extend ing one mile Bayward from the shore line of Matagorda Peninsula from Pass Ca- vallo to one-half mile southwestward of the mouth of the Colorado River. (3) Southwest area. An area in the Gulf of Mexico beginning at a point on the shore line of Matagorda Island one mile south of Matagorda Lighthouse; thence 146° to a point in latitude 28° 00'15" N., longitude 96°10'30" W.; thence 236° to a point in latitude 27°50'30" N., longitude 96°27' W.; thence 322°30' to a point in latitude 27°59'30" N., longitude 96°34'45" W.; thence 232°30' to a point in latitude 27°48' N., longitude 96°52' W.; thence 307° 30' to a point on the shore line on St. Joseph Island 4 miles northeastward of Aransas Pass, Texas. It also includes an area in San Antonio Bay and Espiritu Santo Bay extending one mile bayward from the shore line of Matagorda Island from Pass Cavallo to five miles southwestward of Panther Point. (4) The boundaries of the restricted areas will be marked by the United States Coast Guard to assist in defining the limits of and the pass between the re stricted areas. (5) The Air Corps will broadcast over the radio at periodic intervals during the day to inform fishermen the status of the gunnery and bombing activities in the area. This information will be given to the Coast Guard Station, Saluria at Pass Cavallo, Texas, who will relay this infor mation to Coast Guard stations at Free port, Galveston, Sabine and Aransas Pass, Texas. The Coast Guard Station at Galveston, Texas, will furnish this infor mation to the United States Hydro- graphic Office, who will broadcast it for the benefit of offshore navigation at 11:00 a. m., 7:00 p. m. and 10:30 p. m. Visual signals will also be displayed at these Coast Guard Stations to indicate gun nery and bombing activities. THE REGULATIONS (b)(1) All boats departing from Pass Cavalio shall check out through the Coast Guard Station so the airplane pilots can be informed to watch for such boats. (2) Coastal tugs having tows with drafts that will not permit passage through the Intracoastal Waterway and due to weather conditions are compelled to pass through the restricted areas shall request permission to pass through the area from the United States Army Air Corps, stating the day, direction and time the tow will enter the restricted area so gunnery and bombing practice can be modified while the tow is passing. (3) On days and nights when bombing or gunnery is in progress no boat or vessel shall, except as provided in the above paragraph, enter or remain in any portion of the restricted area. (4) These regulations shall be enforced by the United States Coast Guard. (Sec tion 7, River and Harbor Act, Aug. 8,1917, 40 Stat. 266; 33 U.S.C. 1) [Regs. Mar. 26, 1941 (EJD. 7195 (Pass Cavallo—Port Lavaca Channel)—8/6)] [seal] e. S. Adams, Major General, The Adjutant General. [F. R. Doc. 41-3115; Filed, April 28, 1941; 2:34 p. m.] Notices NAVY DEPARTMENT. [NOy-4750] Summary of Contract for Training F acilities contractors : goode construction corpo ration, BLYTHE BROTHERS COMPANY, AND HARRISON-WRIGHT COMPANY, ACTING JOINTLY, WITH A CENTRAL OFFICE AT CHARLOTTE, NORTH CAROLINA A pril 21, 1941. On April 21, 1941, the Navy Depart ment entered into a contract (NOy- 4750) with Goode Construction Corpora tion, Blythe Brothers Company, and Harrison-Wright Company, of Charlotte, North Carolina, for the construction of Marine Corps Training Facilities at the Marine Barracks, New River, North Car olina, at an estimated cost of $13,000,000, including a fixed fee of $400,000 payable to the Contractors. The contract, among other things, fur ther provides that the Navy Depart ment may at any time make changes in approved drawings and/or specifications and, if such changes or additions to or omissions from the original project cause a material increase or decrease in the amount or character of the work to be done under the contract, or in the time required for its performance, an equitable adjustment in the amount of the fixed fee to be paid to the Contractors shall be made and the contract shall be modi fied accordingly. The contract also contains provisions for the termination of the contract by the Government and for an equitable settlement with the Con tractors under the contract in the case of such termination. B. Moreell, Chief of Bureau. [F. R. Doc. 41-3125; Filed, April 29, 1941; 9:44 a. m.]
FEDERAL REGISTER, Wednesday, April 30, 19412202 DEPARTMENT OF THE INTERIOR. Bituminous Coal Division. Statement of the D irector Regarding Proposal to Promulgate More D efi nite Minimum Prices for Coals Sold Off Docks at Great Lakes Ports on West B ank of Lake Michigan and United States Side of Lake Superior In order to effectuate further the mandate of Congress that distributors shall be required to maintain and ob serve the effective minimum prices and marketing rules and regulations, the Division is considering the institution of a proceeding for the purpose of estab lishing more definite minimum prices applicable to coals sold off docks located on the west bank of Lake Michigan, north of the Illinois-Wisconsin State line, and on the United States side of Lake Superior. The promulgation of appropriate minimum price schedules is contemplated in order to accomplish the desired objective. All interested persons are invited to submit such suggestions and proposals as they may deem appropriate concern ing the contents of such schedules, and may be assured that those submitted will receive careful consideration. It is urged that such suggestions and pro posals be submitted on or before May 10, 1941. Prior to the initiation of any formal proceeding looking toward the establish ment of minimum prices f.o.b. distrib utors’ docks at these Great Lakes ports, due and adequate public notice thereof will be given, so that any and all inter ested parties may be afforded full oppor tunity to appear and be heard. Dated: April 26, 1941. [seal] H. A. Gray, Director. [F. R. Doc. 41-3133; Filed, April 29, 1941; 11:31 a. m.] [Docket No. A-790] Petition of A lgoma Block Coal C om pany, Mine Index No. 7, a Producer in D istrict No. 8 for Preliminary, or Temporary, and Permanent Order C hanging the Classification of Coal in Size Group No. 7 for Great Lake C argo Only F rom “E” to “G” Pur suant to Section 4 n (d ) of the Bitu minous Coal Act of 1937 O RDER OF DISMISSAL The original petitioner in the above- entitled matter having requested that the petition be withdrawn, and there being no opposition to such request, It is ordered, That the original petition in Docket No. A-790 be dismissed without prejudice. Dated: April 26, 1941. [seal] H. A. Gray, Director. [F. R. Doc. 41-3132; Filed, April 29, 1941; 11:31 a. m.j [Docket No. 1643— FD] In the Matter of K. B. C ornia (Deer C reek Coal Mining Company) , Regis tered D istributor, Registration No. 2209, D efendant NOTICE OF AND O RDER FOR HEARING 1. The Bituminous Coal Division finds it necessary, in the proper administra tion of the Bituminous Coal Act of 1937 (the “Act”), to determine— (a) Whether or not K. B. Cornia (Deer Creek Coal Mining Company), Regis- tered Distributor, Registration No. 2209, whose address is 721 McIntyre Building, Salt Lake City, Utah, located in District No. 20, has violated section 4 II (e) of the Act, the effective minimum prices, Rule 1 of section III of the Marketing Rules and Regulations, and paragraphs (b) (d) and (f) of the agreement exe cuted by the defendant as registered dis tributor, pursuant to Order of the Na tional Bituminous Coal Commission dated March 24, 1939, in Docket No. 12, which has been adopted as an Order of the Bituminous Coal Division (herein after referred to as the “Distributor’ s Agreement”) ; and (b) Whether or not the registration of said distributor should be revoked or suspended or other appropriate penal ties should be imposed; and for said purposes gives notice that information in the possession of the Division is to the effect that: 2. On or about October 4, 1940, de fendant pursuant to an offer theretofore made by him entered into a contract with the War Department of the United States known as Contract No. 928 QM- CIV-428 and on or about January 15, 1941, defendant pursuant to an offer theretofore made by him entered into another contract with the War De partment of the United States known as No. W-928 QM-CIV-464 O. I. No. M-5544 in which contracts de fendant agreed to sell to said War Department large quantities of lump coal over 2" screen produced at the Deer Creek Mine, Mine Index No. 132, of B. A. Howard (Deer Creek Coal Company) code member, District No. 20, for delivery at various CCC Camps lo cated in the States of Nevada, Utah, and Idaho at prices of $2.65 per ton f. o. b. the mine for truck delivery and $3.45 per ton f. o. b. the mine for rail delivery, whereas the applicable effective mini mum prices for said coal are the prices for Size Group 3, namely, $2.85 per ton f. o. b. the mine for truck delivery and $3.65 per ton f. o. b. the mine for rail delivery; all in violation of section 4 II (e) of the Act, the effective minimum prices and paragraph (b) of the Dis tributor’ s Agreement. 3. Subsequent to September 30, 1940, defendant accepted distributor’ s dis counts from the effective minimum prices on large quantities of coal purchased by defendant from B. A. Howard (Deer Creek Coal Company) code member, District No. 20, physically handled by defendant and resold by the defendant to the War Department of the United States Government as set forth in para graph 2 hereof, in violation of Rule 1, section IH of the Marketing Rules and Regulations, and section (d) of the Dis tributor’ s Agreement. 4. Subsequent to September 30, 1940, defendant accepted distributor's dis counts from the effective minimum prices on less than carload lots of coal not moving in a continuous flow, purchased by defendant from various code members and resold by defendant to the following purchasers on the dates and in the amounts indicated: Date of sale by defendant Name of purchaser from defendant Amount sold in pounds October 1,1940 ___City Coal Company...;25,800L. W. Moffitt.................20,400 17,000 January 8,1941___Lue’s Cash Coal Com pany. January 15,1941__Lue’s Cash Coal Com pany. 16,800 January 15,1941__K. Coons___________21,000 January 20,1941—Ted Stanley_________ 26,600 January 28,1941—Ted Stanley_________26,800 February 13,1941..Chris Dokos_________21,600 February 14,1941.-Ted Stanley...................26,000 in violation of Rule 1 of section m of the Marketing Rules and Regulations, and section (d) of the Distributor’ s Agreement. 5. Defendant, subsequent to Septem ber 30, 1940, has failed to furnish or cause to be furnished to the Bituminous Coal Division, copies of any resale con tracts or orders entered into by defend ant with his customers and has also failed to furnish or cause to be furnished to the Division, copies of any invoices to the defendant’ s vendees, in violation of sec tion (f) of the Distributor’ s Agreement. It is therefore ordered, That a hearing pursuant to § 304.14 of the Rules and Regulations for the Registration of Dis tributors, to determine whether the regis tration of said distributor should be revoked or suspended, or other appro priate penalties be imposed, be held on June 6,1941, at 2 p. m., at a hearing room of the Bituminous Coal Division at Room 220, Post Office and Court House Build ing, Salt Lake City, Utah. It is further ordered, That W. A. Ship- man or any other officer or officers of the Bituminous Coal Division designated by the Director thereof for that purpose shall preside at the hearing in such mat ter. The officer so designated to preside at such hearing is hereby authorized to conduct said hearing, to administer oaths and affirmations, examine wit nesses, subpoena witnesses, compel their attendance, take evidence, require the production of any books, papers, corre spondence, memoranda or other records deemed relevant or material to the in quiry, to contine said hearing from time to time, and to such places as he may direct by announcement at said hearing or any adjourned hearing or by subse quent notice, and to prepare and submit
FEDERAL REGISTER, Wednesday, April to the Director proposed findings of fact and conclusions and the recommenda tion of an appropriate order in the prem ises, and to perform all other duties in connection therewith authorized by law. Notice of such hearing is hereby given to said defendant, and to all other parties herein and to all persons and entities having an interest in such proceeding. Notice is hereby given that answer to the charges alleged herein must be filed with the Bituminous Coal Division at its Washington Office or with any one of the statistical bureaus of the Division, within ten (10) days after date of service thereof on the defendant; and that any defend ant failing to file an answer within such period, unless the Director or the pre siding officer shall otherwise order, shall be deemed to have admitted the alleged charges and to have consented to the entry of an appropriate order on the basis of the facts alleged. All persons are hereby notified that the hearing in the above-entitled mat ter and orders entered therein may con cern, in addition to the matters specifically alleged herein, other matters incidental and related thereto, whether raised by amendment, petition for inter vention, or otherwise, and all persons are cautioned to be guided accordingly. Dated: April 28, 1941. [seal] H. A. Gray, Director. [P. R. Doc. 41-3131; Piled, April 29, 1941; 11:30 a. m.] [Docket No. A-784] Petition of Bituminous Coal Producers B oard for District No. 18 for Modifi cation of the Effective Minimum Prices Established for Coals Produced in Subdistrict No. 2 When Shipped by Rail NOTICE OF AND O RDER FOR HEARING A petition, pursuant to the Bituminous Coal Act of 1937, having been duly filed with this Division by the above-named party; It is ordered, That a hearing in the above-entitled matter under the appli cable provisions of said Act and the rules of the Division be held on May 13, 1941, at 10 o’ clock in the forenoon of that day, at a hearing room of the Bituminous Coal Division, 734 Fifteenth Street NW., Washington, D. C. On such day the Chief of the Records Section in room 502 will advise as to the room where such hearing will be held. It is further ordered, That Edward J. Hayes or any other officer or officers of the Division duly designated for that pur pose shall preside at the hearing in such matter. The officers so designated to preside at such hearing are hereby au thorized to conduct said hearing, to ad minister oaths and affirmations, examine witnesses, subpoena witnesses, compel their attendance, take evidence, require No. 85— 3 the production of any books, papers, cor respondence, memoranda, or other rec ords deemed relevant or material to the inquiry, to continue said hearing from time to time, and to prepare and submit to the Director proposed findings of fact and conclusions and the recommendation of an appropriate order in the premises, and to perform all other duties in con nection therewith authorized by law. Notice of such hearing is hereby given to all parties herein and to persons or entities having an interest in these pro ceedings and eligible to become a party herein. Any person desiring to be ad mitted as a party to this proceeding may file a petition of intervention in accord ance with the rules and regulations of the Bituminous Coal Division for pro ceedings instituted pursuant to section 4 II (d) of the Act, setting forth the facts on the basis of which the relief in the original petition is supported or opposed or on the basis of which other relief is sought. Such petitions of inter vention shall be filed with the Bituminous Coal Division on or before May 8,1941. All persons are hereby notified that the hearing in the above-entitled matter and any orders entered therein, may concern, in addition to the matters specifically alleged in the petition, other matters necessarily incidental and related thereto, which may be raised by amendment to the petition, petitions of interveners or otherwise, or which may be necessary corollaries to the relief, if any, granted on the basis of this petition. The matter concerned herewith is in regard to the modification of effective minimum prices heretofore established for coals shipped by rail from Subdistrict No. 2 of District No. 18 to destinations in Market Areas 227 and 228, by reduc ing such prices to the extent necessary to offset increased freight rates to ship ping points within such market areas. Dated: April 28, 1941. [seal] H. A. Gray, Director. [F. R. Doc. 41-3129; Filed, April 29, 1941; 11:30 a. m.] [Docket No. A-807] Petition of Bituminous Coal Producers B oard for District No. 10 Requesting Preliminary and Permanent Order for Change of District No. 11 Prices for Shipment Into Market Areas Nos. 49 and 67 NOTICE OF AND ORDER FOR HEARING A petition, pursuant to the Bituminous Coal Act of 1937, having been duly filed with this Division by the above-named party; It is ordered, That a hearing in the above-entitled matter under the appli cable provisions of said Act and the rules of the Division be held on May 20, 1941, at ten o’ clock in the forenoon of that day, at a hearing room of the Bituminous 30, 1941 2203 Coal Division, 734 Fifteenth Street NW., Washington, D. C. On sueh day the Chief of the Records Section in room 502 will advise as to the room where such hearing will be held. It is further ordered, That Edw. J. Hayes, or any other officer or officers of the Division duly designated for that pur pose shall preside at the hearing in such matter. The officers so designated to preside at such hearing are hereby au thorized to conduct said hearing, to ad minister oaths and affirmations, examine witnesses, subpoena witnesses, compel their attendance, take evidence, require the production of any books, papers, cor respondence, memoranda, or other rec ords deemed relevant or material to the inquiry, to continue said hearing from time to time, and to prepare and submit to the Director proposed findings of fact and conclusions and the recommenda tion of an appropriate order in the prem ises, and to perform all other duties in connection therewith authorized by law. Notice of such hearing is hereby given to all parties herein and to persons or entities having an interest in these pro ceedings and eligible to become a party herein. Any person desiring to be ad mitted as a party to this proceeding may file a petition of intervention in accord ance with the rules and regulations of the Bituminous Coal Division for pro ceedings instituted pursuant to section 4 II (d) of the Act, setting forth the facts on the basis of which the relief in the original petition is supported or op posed or on the basis of which other re lief is sought. Such petitions of inter vention shall be filed with the Bituminous Coal Division on or before May 15, 1941. All persons are hereby notified that the hearing in the above-entitled matter and any orders entered therein, may concern, in addition to the matters specifically alleged in the petition, other matters necessarily incidental and re lated thereto, which may be raised by amendment to the petition, petitions of interveners or otherwise, or which may be necessary corollaries to the relief, if any, granted on the basis of this petition. The matter concerned herewith is in regard to the petition of Bituminous Coal Producers Board for District No. 10 pray ing for temporary and permanent relief by changing the Schedule of Effective Minimum Prices for District No. 11 for All Shipments Except Truck into (a) Market Area 49 from Price Table No. 6 to Price Table No. 5, subject to Price In structions and Exceptions and to certain adjustments in f. o. b. mine prices and (b) Market Area 67 from Price Table No. 5 to Price Table No. 6, subject to Price Instructions and Exceptions and to an adjustment in f. o. b. mine prices. Dated: April 28, 1941. [seal] H. A. G ray, Director. [F. R. Doc. 41-3128; Filed, April 29, 1941; 11:30 a. m.j
2204 FEDERAL REGISTER, Wednesday, April 30, 1941 [Docket No. A-836] Petition op District Board No. 15 for Permission to the Code Members in District No. 15 to Allow From the Effective Minimum Prices for Their Coals in Size Groups Nos 1 to 7, In clusive, Certain Seasonal Discounts Upon Shipments During the Months of May, June, July and August NOTICE OF AND O RDER FOR HEARING A petition, pursuant to the Bituminous Coal Act of 1937, having been duly filed with this Division by the above-named party; It is ordered, That a hearing in-the above-entitled matter under the appli cable provisions of said Act and the rules of the Division be held on May 12, 1941, at 10 o’ clock in the forenoon of that day, at a hearing room of the Bituminous Coal Division, 734 Fifteenth Street NW., Washington, D. C. On such day the Chief of the Records Section in room 502 will advise as to the room where such hearing will be held. It is further ordered, That W. A. Cuff or any other officer or officers of the Di vision duly designated for that purpose shall preside at the hearing in such mat ter. The officers so designated to preside at such hearing are hereby authorized to conduct said hearing, to administer oaths and affirmations, examine wit nesses, subpoena witnesses, compel their attendance, take evidence, require the production of any books, papers, corre spondence, memoranda, or other records deemed relevant or material to the in quiry, to continue said hearing from time to time, and to prepare and submit to the Director proposed findings of fact and conclusions and the recommenda tion of an appropriate order in the prem ises, and to perform all other duties in connection therewith authorized by law. Notice of such hearing is hereby given to all parties herein and to persons or entities having an interest in these pro ceedings and eligible to become a party herein. Any person desiring to be ad mitted as a party to this proceeding may file a petition of intervention in accord ance with the rules and regulations of the Bituminous Coal Division for proceedings instituted pursuant to section 4 II (d) of the Act, setting forth the facts on the basis of which the relief in the original petition is supported or opposed or on the basis of which other relief is sought. Such petitions of intervention shall be filed with the Bituminous Coal Division on or before May 7,1941. All persons are hereby notified that the hearing in the above-entitled matter and any orders entered therein, may concern, in addition to the matters specifically alleged in the petition, other matters necessarily incidental and related thereto, which may be raised by amendment to the petition, petitions of interveners or otherwise, or which may be necessary corollaries to the relief, if any, granted on the basis of this petition. The matter concerned herewith is in regard to the petition of District Board No. 15 for permission to the code mem bers in District No. 15 to allow from the effective minimum prices for their coals in Size Groups Nos. 1 to 7, inclusive, cer tain seasonal discounts upon shipments during the months of May, June, July and August. Dated: April 28, 1941. [seal] H. A. Gray, Director. [P. R. Doc. 41-3130; Filed, April 29, 1941; 11:30 a. m.j . DEPARTMENT OF AGRICULTURE. Office of the Secretary. Order Delegating Certain Authority to the Under Secretary and A ssistant Secretary of Agriculture 1. Pursuant to the authority vested in the Secretary of Agriculture by the Acts of Congress approved February 9, 1889 (25 Stat. 659; 5 Ü.S.C., sec. 517), June 30,1906 (34 Stat. 670; 5 U.S.C., sec. 51 7 ), and June 5, 1939 (53 Stat. 809; 5 U.S.C., sec. 514b), and subject to the provisions of paragraphs 2, 3, 4, and 5 of this order, I, Claude R. Wickard, Secretary of Agri culture, hereby delegate to the Under Secretary of Agriculture and to the As sistant Secretary of Agriculture, sev erally, the authority to perform all the duties and to exercise all the powers and functions which are now, or which may hereafter be, vested in the Secretary of Agriculture: 2. This order shall not be construed to confer upon the Under Secretary or the Assistant Secretary authority: (a) to promulgate new rules and regu lations, or to change existing rules and regulations, which are designed to have the force of law, to be binding upon the public, and to be recognized and enforced by the courts: Provided however, That, while only the Secretary of Agriculture shall tentatively approve or execute any marketing agreement or issue any mar keting order entered into or promulgated pursuant to, and after the hearing re quired by, either Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agricultural Mar keting Agreement Act of 1937, as amended (7 U.S.C., sec. 601 et seq.), or sections 56-60, inclusive, of the Act ap proved August 24, 1935 (49 Stat. 481; 7 U.S.C., secs. 851-855, inclusive), or amend or terminate any such marketing agreement or order, the Under Secre tary of Agriculture and the Assistant Secretary of Agriculture, severally, shall have authority to make such determina tions and to issue such regulations or orders as may be deemed necessary or proper in the administration of any such marketing agreement or marketing or der; or (b) to perform the duties of the Secre tary of Agriculture as a member of any board, committee, or commission upon which the Secretary has been directed by law to serve. 3. In the performance of the duties and in the exercise of the" powers and functions referred to in paragraph 1 above, the Under Secretary of Agriculture and the Assistant Secretary of Agricul ture shall be governed by the precedents which have been established by the Sec retary of Agriculture in the determina tion of similar matters, together with such modifications as the Secretary may hereafter find proper to indicate. The determination of any matter which re quires the application of new principles or a departure from principles heretofore announced by the Secretary of Agricul ture shall be brought to the attention of the Secretary for approval. 4. (a) This order shall supersede the orders signed March 10, 1941 (F.R. Docs. 41-1810 to 41-1822, inclusive; 6 F.R. 1420- 1425), delegating certain authority to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture. (b) Except as provided in subpara graph (a) of this paragraph, the provi sions of this order are not intended to supersede or modify any delegations of authority heretofore made by the Secre tary of Agriculture. 5. The provisions of this order shall not preclude the Secretary of Agriculture from exercising any of the powers and functions or from performing any of the duties herein conferred upon the Under Secretary of Agriculture and the Assist ant Secretary of Agriculture. Done at Washington, D. C., this 25th day of April 1941. Witness my hand and the seal of the Department of Agricul ture. [seal] C laude R. Wickard, Secretary of Agriculture. [F. R. Doc. 41-3116; Filed, April 28, 1941; 2:59 p. m.] Rural Electrification Administration. [Adm inistrative Order No. 676] A llocation of Funds for Loans A pril 21, 1941. By virtue of the authority vested in me by the provisions of section 5 of the Rural Electrification Act of 1936, as amended, I hereby allocate, from the sums authorized by said Act, funds for loans for the proj ects and in the amounts as set forth in the following schedule: Project designation: Amount Alabama 1022W2 Butler .........................$2,000 Arkansas 1029W1 Clark _____________ 15,000 K ansas 1018W2 Sedgwick __________ 5,000 Nebraska 1044W4 Eastern Nebraska, D istrict Public _ __________________ 6,000 North Carolina 1023W8 C a ld w e ll--- 60,000 T ennessee 1045W1 LaFollette P u b lic. 5,000 [seal] H arry Slattery, Administrator. [F. R. Doc. 41-3117; Filed, April 28, 1941; 2:59 p. m.]
2205FEDERAL REGISTER, Wednesday, April SO, 1941 [A dm inistrative Order No. 577] A llocation op Funds for Loans A pril 22, 1941. By virtue of the authority vested in me by the provisions of section 4 of the Rural Electrification Act of 1936, as amended, I hereby allocate, from the sums authorized by said Act, funds for loans for the projects and in the amounts as set forth in the following schedule: Propect designation: Amount Virginia 1041A1 Prince W illiam _ $249,350 Virginia 1041G1 Prince W illiam - 75,650 [seal] H arry Slattery, Administrator. [F. R. Doc. 41-3118; Filed, April 28, 1941; 2:59 p. m.] DEPARTMENT OF COMMERCE. Civil Aeronautics Authority. [Docket Nos. 373, 497] In the Matter of the Applications of Pan American A irways, Inc., Ameri can Export Airlines, Inc., for Certifi cates of Public C onvenience and Necessity Under Section 401 of the Civil A eronautics A ct of 1938, as A mended NOTICE OF POSTPONEMENT OF HEARING 1 The above-entitled proceeding, being the applications of Pan American Air ways, Inc., and American Export Air lines, Inc., for certificates of public con venience and necessity authorizing air transportation between New Orleans, La., and points in Central America, now assigned for public hearing on April 30, 1941, is hereby postponed to May 2,1941, at the Mayflower Hotel, Washington, D. C., 10:00 a. m. (Eastern Standard Time), before Examiner Thomas L. Wrenn. Dated Washington, D. C., April 26, 1941. [seal] T homas L. Wrenn, Examiner. [F. R. Doc. 41-3126; Filed, April 29, 1941; 9:44 a. m .] DEPARTMENT OF LABOR. Division of Public Contracts. In the Matter of an Extension of the D etermination of the Prevailing Minimum Wages for the Metal Furni ture Branch of the Furniture Manu facturing Industry NOTICE OF OPPORTUNITY TO SHOW CAUSE This Department has received evi dence to the effect that companies en gaged in the metal furniture branch of the Furniture Manufacturing Industry, in addition to the products named in the minimum wage determination for t.M a branch of the Furniture Manufacturing Industry made by the Secretary of Labor under the Public Contracts Act (49 Stat. 2036; 41 U.S.C. Sup. m 35) on May 3, 1939 (4 F.R. 1915), also produce the following products: Metal cabinets for printers’ type. Metal cabinet partitions. Metal tool boxes, tool cabinets, and tool chests. Metal trunks, box type. Metal rotating bins. Metal sectional bins. Metal work benches, desks and tables. The Department has received further evidence to the effect that the same minimum wages are paid to employees who manufacture the above-named pro ducts as those paid to other employees in the metal furniture branch of the Furniture Manufacturing Industry. In the light of these facts, all inter ested parties are hereby given until and including May 17, 1941, in which to file briefs with the Administrator, Division of Public Contracts, Department of Labor, showing cause (1) why the Secre tary’ s decision of May 3, 1939, In the Matter of the Determination of the Pre vailing Minimum Wages in the Furniture Manufacturing Industry (4 F.R. 1915) should not be extended to include the manufacture or supply of the above des ignated products of the metal furniture branch of the industry; and (2) why the minimum wage for employees engaged in the performance of contracts with agen cies of the United States subject to the provisions of the Public Contracts Act (49 Stat. 2036; 41 U.S.C. Sup. IH 35) for the manufacture or supply of these prod ucts should not be determined to be 45 cents per hour or $18.00 per week of forty hours, arrived at either upon a time or piece work basis. Dated: April 26, 1941. •[seal] L. Metcalfe Walling, Administrator. [F. R. Doc. 41-3136; Filed, April 29, 1941; 11:33 a. m .] Wage and Hour Division. [A dm inistrative Order No. 100] In the Matter of the Recommendations of Industry Committee No. 17 for Minimum Wage Rates in the Jewelry Manufacturing Industry, and A p pointment of Industry Committee No. 26 for the Jewelry Manufacturing Industry Whereas the Administrator of the Wage and Hour Division of the United States Department of Labor, acting pur suant to section 5 (b) of the Fair Labor Standards Act of 1938, on October 23, 1940, by Administrative Order No. 66,1 appointed Industry Committee No. 17 for the jewelry manufacturing industry, composed of an equal number of repre sentatives of the public, employers in the industry, and employees in the indus try, such representatives having been ap pointed with due regard to the geograph ical regions in which the industry is carried on; and Whereas on November 26, 1940, the Administrator amended the definition of the jewelry manufacturing industry by issuing Administrative Order No. 74; and Whereas Industry Committee No. 17 on December 17, 1940, recommended minimum wage rates for the jewelry manufacturing industry and duly adopted a report containing said recom mendations and reasons therefor, and filed such report with the Administrator on December 18, 1940, pursuant to sec tion 8 (d) of the Act and § 511.19 of the Regulations issued under the Act; and Whereas after due notice published in the F ederal Register, Henry T. Hunt, Esquire, the Presiding Officer designated by the Administrator, held a public hear ing upon the Committee’ s recommenda tions at Washington, D. C., on January 21 to 24, inclusive, and February 3, 1941, at which all interested persons were given an opportunity to be heard; and Whereas the complete record of the proceedings before the Presiding Officer was transmitted to the Administrator; and Whereas all persons appearing at said public hearing before the Presiding Offi cer were given leave to file briefs before March 6, 1941, and to offer oral argu ment before the Administrator on March 19,1941; and Whereas the Administrator, upon re viewing all the evidence adduced in these proceedings 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 recommendations for the jewelry manu facturing industry as defined in Admin istrative Order No. 742 are not made in accordance with law; and Whereas the Administrator has set forth his decision in an opinion entitled “Administrator’ s Findings and Opinion in the Matter of the Recommendations of Industry Committee No. 17 for Mini mum Wage Rates in the Jewelry Manu facturing Industry,” dated this day, a copy of which may be had upon request addressed to the Wage and Hour Divi sion, Washington, D. C.; Now, therefore, it is hereby ordered, That A. The recommendations of Industry Committee No. 17 for the jewelry manu facturing industry are hereby disap proved; and B. Industry Committee No. 17 for the jewelry manufacturing industry is hereby dissolved; and C. Industry Committee No. 26, com posed of the following representatives, is hereby appointed and convened for the jewelry manufacturing industry (as such industry is defined in paragraph 1 below): Issued by th e Civil A eronautics Board. 15 F A 4206. • 5 F it . 4691.
2206 FEDERAL REGISTER, Wednesday, April SO, 1941 For the public Alexander H. Prey, Chairman, Phila delphia, Pennsylvania. Teresa M. Crowley, New York, New York. C. Emanuel Ekstrom, Providence, Rhode Island. Robert R. R. Brooks, Williamstown, Massachusetts. Dr. Harry Schulman, New Haven, Connecticut. Mrs. Elizabeth B. Raushenbush, Madi son, Wisconsin. For the employees Leon Williams, Bronx, New York. Samuel E. Beardsley, New York, New York. A. J. Gaul, Chicago, Illinois. Erwin Spiegel, Teaneck, New Jersey. Morris Borodkin, New York, New York. John R. Maurillo, Providence, Rhode Island. For the employers Charles John Simeon, Providence, Rhode Island. Sturgis C. Rice, Plainville, Massachu- S C Rawson L. Wood, New York, New York. August Kappel, New York, New York. Leo P. Krussman, New York, New York. F. B. Stegeman, Dayton, Kentucky. Such representatives have been ap pointed with due regard to the geograph ical regions in which such industry is carried on. 1. For the purpose of this order the term “jewelry manufacturing industry” means: (a) The manufacturing, processing, or assembling, wholly or partially from any material, of jewelry, commonly or com mercially so known. Jewelry as used herein includes, without limitation, reli gious, school, college, and fraternal in signia; articles of ornament or adorn ment designed to be worn on apparel or carried on or about the person, in cluding, without limitation, cigar and cigarette cases, holders, and lighters; watch cases; metal mesh bags and metal watch bracelets; and chain, mesh, and parts for use in the manufacture of any of the articles included in this definition. Jewelry as used herein does not include pocket knives, cigar cutters, badges, em blems, military and naval insignia, belt buckles, and handbag and pocketbook frames and clasps, or commercial com pacts and vanity cases, except when made from or embellished with precious metals or precious, semiprecious, syn thetic, or imitation stones; and the as saying, refining, and smelting of base or precious metals. The term “parts” as used in the fore going paragraph does not include parts which are used predominantly for prod ucts other than jewelry, such as springs, blades, and nail files. The term “com mercial compacts and vanity cases” as used means compacts and vanity cases which bear the trade name or mark of a cosmetic manufacturer and are made for the purpose of distributing or advertising said cosmetics. (b) The manufacturing, cutting, pol ishing, encrusting, engraving, and setting of precious, semiprecious, synthetic, and imitation stones. (c) The manufacturing, drilling, and stringing of pearls, imitation pearls, and beads designed for use in the manufac ture of jewelry. 2. The definition of the jewelry manu facturing industry covers all occupations in the industry which are necessary to the production of the products covered in the definition, including clerical, maintenance, shipping, and selling occu pations: Provided, however, That this definition does not cover employees of a manufacturer, assembler, processor, or independent wholesaler who are engaged exclusively in marketing and distributing products of the industry which have been purchased for resale; and provided fur ther, That where an employee covered by this definition is employed during the same workweek at two or more different minimum rates of pay, he shall be paid the highest of such rates for such work week unless records concerning his em ployment are kept by his employer in accordance with applicable regulations of the Wage and Hour Division. 3. The Industry Committee herein created shall meet on May 19, 1941, in Washington, D. C., and, in accordance with the provisions of the Pair Labor Standards Act of 1938 and rules and regulations promulgated thereunder, shall proceed to investigate conditions in the industry and recommend to the Administrator minimum wage rates for all employees thereof who within the meaning of said Act are “engaged in com merce or in the production of goods for commerce” excepting employees ex empted by virtue of the provisions 'of section 13 (a) and employees coming under the provisions of section 14. Signed at Washington, D. C„ this 24th day of April 1941. Philip B. Fleming, Administrator. [F. R. Doc. 41-3151; Filed, April 29, 1941; 11:56 a. m.] Notice of H earing on Minimum Wage Recommendation of Industry Commit tee No. 25 for the Textile Industry Whereas the Administrator of the Wage and Hour Division of the United States Department of Labor, acting pur suant to section 5 (b) of the Pair Labor Standards Act of 1938, on March 10,1941, and April 14, 1941, by Administrative Orders No. 921 and 99,2 respectively, appointed Industry Committee No. 25 for the Textile Industry, composed of an equal number of representa tives of the public, employers in the industry and employees in the industry, »6 F it . 1425. *6 F it . 1979. such representatives having been ap pointed with due regard to the geograph ical regions in which the industry is car ried on; and Whereas Industry Committee No. 25, on April 15, 1941, unanimously recom mended a minimum wage rate for the Textile Industry and duly adopted a re port containing such recommendation and reasons therefor, and filed such re port with the Administrator on April 16, 1941, pursuant to section 8 (d) of the Act and § 511.19 of the Regulations issued under the Act; and Whereas the Administrator is required by section 8 (d) of the Act, after due notice to interested persons and giving them an opportunity to be heard, to ap prove and carry into effect by order the recommendation of Industry Committee No. 25 if he finds that such recommenda tion is made in accordance with law and is supported by the evidence adduced at the hearing before him and taking into consideration the same factors as are required to be considered by the Indus try Committee, will carry out the pur poses of section 8 of the Act; and, if he finds otherwise, to disapprove such rec ommendation; and Whereas section 8 (f) of the Act pro vides that wage orders “shall contain such terms and conditions as the Ad ministrator finds necessary to carry out the purposes of such orders, to prevent the circumvention or evasion thereof, and to safeguard the minimum wage rates established therein;” and, Whereas there exists in the Textile Industry a practice whereby employers deduct from the wages of employees sums of money on account of facilities furnished to such employees by the employers: Now, therefore, notice is hereby given that: I. The recommendation of Industry Committee No. 25 is as follows: Wages at a rate of not less than thirty seven and one-half (37V2 ) cents an hour shall be paid under section 6 of the Fair Labor Standards Act of 1938 by every employer to each of his employees in the Textile Industry who is engaged in com merce or in the production of goods for commerce. II. The definition of the Textile In dustry as set forth in Administrative Order No. 92, issued March 10, 1941, is as follows: (a) The manufacturing or processing of yarn or thread and all processes pre paratory thereto, and the manufacturing, bleaching, dyeing, printing and other finishing of woven fabrics (other than carpets and rugs) from cotton, silk, flax, jute or any synthetic fiber, or from mix tures of these fibers; or from such mix tures of these fibers with wool or animal fiber (other than silk) as are specified in clauses (g) and (h); except the chem ical manufacturing of synthetic fiber and I su:h related processing of yarn as is
FEDERAL REGISTER, Wednesday, April 30, 1941 2207 conducted in establishments manufac turing synthetic fiber; (b) The manufacturing of batting, wadding or filling and the processing of waste from the fibers enumerated in clause (a) ; (c) The manufacturing, bleaching, dyeing, or other finishing of pile fabrics (except carpets and rugs) from any fiber or yarn; (d) The processing of any textile fab ric, included in this definition of this in dustry, into any of the following prod ucts: bags; bandages and surgical gauze; bath mats and related articles; bed spreads; blankets; diapers; dish-cloths; scrubbing cloths and wash-cloths; sheets and pillow cases; table-cloths, lunch- cloths and napkins; towels; and window curtains; (e) The manufacturing or finishing of braid, net or lace from any fiber or yarn; (f) The manufacturing of cordage, rope or twine from any fiber or yarn; (g) The manufacturing or processing of yarn or thread by systems other than the woolen system from mixtures of wool or animal fiber (other than silk) with any of the fibers designated in clause (a), containing not more than 45 per cent by weight of wool or animal fiber (other than silk). (h) The manufacturing, bleaching, dyeing, printing or other finishing of woven fabrics (other than carpets and rugs) from mixtures of wool or animal fiber (other than silk) containing not more than 25 percent by weight of wool or animal fiber (other than silk), with any of the fibers designated in clause (a), with a margin of tolerance of 2 per cent to meet the exigencies of manufacture. The definition of the Textile Industry covers all occupations in the industry which are necessary to the production of the articles specified in the definition, including clerical, maintenance, ship ping and selling occupations: Provided, however, That this definition does not include employees of an independent wholesaler or employees of a manufac turer who are engaged exclusively in marketing and distributing products of the industry which have been purchased for resale: And provided further, That where an employee covered by this defi nition is employed during the same work week at two or more different m in im u m 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 applicable regulations of the Wage and Hour Division. HI. The full text of the report and recommendation of Industry Committee No. 25, together with any dissenting statements which may be filed by a mem ber subsequent to the date of this notice, are and will be available for inspection by any person between the hours of 9:00 A. M. and 4:30 P. M. at the following offices of the United States Department of Labor, Wage and Hour Division: Boston, Massachusetts, Walker Build ing, 120 Boylston Street. New York, New York, Parcel Post Building, 30th Street and 9th Avenue. Philadelphia, Pennsylvania, 1216 Wid- ener Building, Chestnut and Juniper Streets. Pittsburgh, Pennsylvania, 216 Old Post Office Building. Newark, New Jersey, 1004 Kinney Building, 790 Broad Street. Richmond, Virginia, 215 Richmond Trust Building, 627 East Main Street. Baltimore, Maryland, 606 Snow Build ing, Calvert and Lombard Streets. Columbia, South Carolina, Federal Land Bank Building, Hampton and Marion Streets. Raleigh, North Carolina, 507 Raleigh Building, Hargett and .Fayettesville Streets. Atlanta, Georgia, Witt Building, 249 Peachtree Street. Jacksonville, Florida, New Post Office Building. Birmingham, Alabama, Comer Build ing, 2nd Avenue and 21st Street. New Orleans, Louisiana, Pere Mar quette Building, 150 Baronne Street. Nashville, Tennessee, Medical Arts Building, 119 Seventh Avenue, N. Cleveland, Ohio, Standard Building, 1370 Ontario Street. Cincinnati, Ohio, Cincinnati Traction Building, 5th and Walnut Streets. Chicago, Illinois! 1200 Merchandise Mart, 222 West North Bank Drive. Minneapolis, Minnesota, 406 Pence Building, 730 Hennepin Avenue. St. Louis, Missouri, 100 Old Custom House Building, 815 Olive Street. Denver, Colorado, Chamber of Com merce Building, 1726 Champa Street. Dallas, Texas, 824 Santa Fe Building, 1114 Commerce Street. San Francisco, California, Room 500, 785 Market Street. Los Angeles, California, 338 H. W. Hell- man Building, 354 South Spring Street. San Juan, Puerto Rico, Post Office Box 112. Seattle, Washington, 305 Post Office Building, 3rd Avenue and Union Street Juneau, Alaska, D. B. Stewart, Com missioner of Mines. Washington, District of Columbia, De partment of Labor, 4th Floor. Kansas City, Missouri, 504 Title & Trust Building, 10th and Walnut Streets. Copies of the Committee’ s report and recommendation, together with any dis senting statements which may be filed by a member subsequent to the date of this notice, may be obtained by any per son upon request addressed to the Ad ministrator of the Wage and Hour Divi sion, Department of Labor, Washing ton, D. C. IV. A public hearing will be held on May 15,1941, before Thomas W. Holland, Presiding Officer, at 10; 00 A. M. in Room 3229, U. S. Department of Labor, Wash ington, D. C., for the purpose of taking evidence on the following questions: 1. Whether the recommendation of In dustry Committee No. 25 shall be ap proved or disapproved; and 2. In the event an order is issued ap proving the recommendation, what, if any, provision is necessary to be made in such order, regulating, prohibiting, or re stricting deductions from wages for fa cilities furnished by employers to em ployees in the Textile Industry, to carry out the purposes of such order, to prevent the circumvention or evasion thereof, and to safeguard the minimum wage rates established therein. V. Any interested person, supporting or opposing the recommendation of Indus try Committee No. 25, or supporting or opposing the regulation, prohibition, or restriction of deductions from wages for facilities furnished to employees, may ap pear at the aforesaid hearing to offer evi dence, either on his own behalf or on be half of any other person; provided, that not later than May 9,1941, any such per son shall file with the Administrator at Washington, D. C., a notice of his intent to appear which shall contain the follow ing information: 1. The name and address of the person appearing. 2. If such person is appearing in a rep resentative capacity, the name and ad dress of the person or persons whom he is representing. 3. Whether such person proposes to ap pear for or against the recommendation of Industry Committee No. 25. 4. The approximate length of time re quested for his presentation. Such notice may be mailed to the Ad ministrator, Wage and Hour Division, United States Department of Labor, Washington, D. C., and shall- be deemed filed upon receipt thereof. VI. Any person interested in supporting or opposing the recommendation of In dustry Committee No. 25 may secure fur ther information concerning the afore said hearing by inquiry directed to the Administrator, Wage and Hour Division, United States Department of Labor, Washington, D. C., or by consulting with attorneys representing the Administra tor who will be available for that purpose at the offices of the Wage and Hour Divi sion in Washington, D. C. VH. Copies of the following documents relating to the Textile Industry will be made available upon request for inspec tion by any interested person who in tends to appear at the aforesaid hearing: Bulletin No. 663, entitled Wages in Cotton-Goods Manufacturing prepared by A. F. Hinrichs, Chief Economist, Bu reau of Labor Statistics, United States Department of Labor. Mimeographed release issued by the Bureau of Labor Statistics of the U. S. Department of Labor, entitled Estimated
2208 FEDERAL REGISTER, Wednesday, April 30, 1941 Intercity Differences in Costs of Living, December 15, 1940. Bulletin, Serial No. R-963, reprint from the Monthly Labor Review of July 1939, entitled Differences in Living Costs in Northern and Southern Cities. Report entitled Some Basic Informa tion on the Textile Industry prepared by the Research and Statistics Branch, Wage and Hour Division, U. S. Depart ment of Labor, April 1941. Report entitled Average Hourly Earn ing in the Cotton Goods Industry, Sep tember 1940 and April 1941 and Supple ment prepared by the Division of Wage and Hour Statistics of the Bureau of Labor Statistics, U. S. Department of Labor, April 14, 1941. Report entitled Average Hourly Earn ings in the Silk and Rayon Industry, Sep tember 1940 prepared by the Division of Wage and Hour Statistics of the Bureau of Labor Statistics, U. S. Department of Labor, April 14, 1941. Report entitled Average Hourly Earn ings in the Cordage and Tvoine Industry, September 1940 prepared by the Division of Wage and Hour Statistics of the Bu reau of Labor Statistics, U. S. Depart ment of Labor, April 14, 1941. Report entitled Average Hourly Earn ings in the Miscellaneous Fabricated Textile Products Industry, September 1940 prepared by the Division of Wage and Hour Statistics of the Bureau of Labor Statistics, U. S. Department of Labor, April 14, 1941. Report entitled Average Hourly Earn ings in the Processed Waste Industry, September 1940 prepared by the Divi sion of Wage and Hour Statistics of the Bureau of Labor Statistics, U. S. Depart ment of Labor, April 14, 1941. Mimeographed release issued by the Bureau of Labor Statistics of the U. S. Department of Labor, entitled Survey of Jute Bagging Industry. Transcript of Public Hearing in the Matter of the Recommendation of In dustry Committee No. 1 for Minimum Wage Rates in the Textile Industry, June 19 to July 11,1939. V T T T The hearing will be conducted in accordance with the following rules, subject, however, to such subsequent modifications by the Administrator or the Principal Hearings Examiner as are deemed appropriate: 1. The hearings shall be stenographi- cally reported and a transcript made which will be available to any person at prescribed rates upon request made to the official reporter of the Wage and Hour Division, United States Depart ment of Labor, Washington, D. C. 2. In order to maintain orderly and expeditious procedure, each person filing a Notice to Appear shall be notified, if practicable, of the approximate day and the place at which he may offer evidence at the hearing. If such person does not appear at the time set in the notice he will not be permitted to offer evidence at any other time except by special per mission of the presiding officer. 3. At the discretion of the presiding officer, the hearing may be continued from day to day, or adjourned to a later date, or to a different place, by announce ment thereof at the hearing by the pre siding officer, or by other appropriate notice. 4. At any stage of the hearing, the presiding officer may call for further evi dence upon any matter. After the pre siding officer has closed the hearing be fore him, no further evidence shall be taken, except at the request of the Ad ministrator, unless provision has been made at the hearing for the later receipt of such evidence. In the event that the Administrator shall cause the hearing to be reopened for the purpose of receiving further evidence, due and reasonable no tice of the time and place fixed for such taking of testimony shall be given to all persons who have filed a notice of in tention to appear at the hearing. 5. All evidence must be presented un der oath or affirmation. 6. Written documents or exhibits, ex cept as otherwise permitted by the pre siding officer, must be offered in evidence by a person who is prepared to testify as to the authenticity and trustworthi ness thereof, and who shall, at the time of offering the documentary exhibit, make a brief statement as to the con tents and manner of preparation thereof. 7. Written documents and exhibits shall be tendered in duplicate and the persons preparing the same shall be pre pared to supply additional copies if such are ordered by the presiding officer. When evidence is embraced in a docu ment containing matter not intended to be put in evidence, such a document will not be received, but the person offering the same may present to the presiding officer the original document together with two copies of those portions of the document intended to be put in evi dence. Upon presentation of such copies in proper form the copies will be received in evidence. 8. Subpoenas requiring the attendance of witnesses or the presentation of a doc ument from any place in the United States at any designated place of hearing may be issued by the Administrator at his discretion, and any person appearing in the proceeding may apply in writing for the issuance by the Administrator of the subpoena. Such application shall be timely and shall identify exactly the wit ness or document and state fully the na ture of the evidence proposed to be secured. 9. Witnesses summoned by the Admin istrator shall be paid the same fees and mileage as are paid witnesses in the courts of the United States. Witness fees and mileage shall be paid by the party at whose instances witnesses ap pear, and the Administrator before issu ing subpoena may require a deposit of an amount adequate to cover the fees and mileage involved. 10. The rules of evidence prevailing in the courts of law or equity shall not be controlling. 11. The presiding officer may, at his discretion, permit any person appearing in the proceeding to cross-examine any witness offered by another person insofar as is practicable, and to object to the ad mission or exclusion of evidence by the presiding officer. Requests for permis sion to cross-examine a witness offered by another person and objections to the admission or exclusion of evidence shall be stated briefly with the reasons for such request or the ground of objection relied on. Such requests or objections shall be come a part of the record, but this record shall not include argument thereon ex cept as ordered by the presiding officer. Objections to the approval of the Com mittee’ s recommendation and to the promulgation of a wage order based upon such approval must be made at the hearing before the presiding officer. 12. Before the close of the hearing, the presiding officer shall receive written re quests from persons appearing in the proceeding for permission to make oral arguments before the Administrator upon the matter in issue. These requests will be forwarded to the Administrator by the presiding officer with the record of the proceedings. If the Administrator, in his discretion, allows the request, he shall give such notice thereof as he deems suit able to all persons appearing in the pro ceedings, and shall designate the time and place at which the oral arguments shall be heard. If such requests are al lowed, all persons appearing at the hear ing will be given opportunity to present oral argument. 13. Briefs (12 copies) may be submitted to the Administrator following the close of the hearing, by any persons appear ing therein. Notice of the final dates for filing such briefs shall be given by the Administrator in such manner as shall be deemed suitable by him. 14. On the close of the hearing, the presiding officer shall forthwith file a complete record of the proceedings with the Administrator. The presiding officer shall not file an intermediate report un less so directed by the Administrator. If a report is filed, it shah be advisory only and have no binding effect upon the Administrator. 15. No order issued as a result of the hearing will take effect until after due notice is given of the issuance thereof by publication in the Federal Register. * Signed at Washington, D. C., this 28th day of April, 1941. Philip B. Fleming, Administrator. [F. R. Doc. 41-3150; Filed, April 29, 1941; 11:56 a. m .]
FEDERAL REGISTER, Wednesday, April 30, 1941 2209 FEDERAL TRADE COMMISSION. [Docket No. 4267] In the Matter of Wool Trading Com pany, Inc., a Corporation order appointing trial examiner and FIXING TIME AND PLACE FOR TAKING TESTIMONY At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 26th day of April, A. D. 1941. This matter being at issue and ready for the taking of testimony, and pursuant to authority vested in the Federal Trade Commission, under an Act of Congress (38 Stat. 717; 15 U.S.C.A. section 41). It is ordered, That Lewis C. Russell, a trial examiner of this Commission, be and he hereby is designated and ap pointed to take testimony and receive evidence in this proceeding and to per form all other duties authorized by law; It is further ordered, That the taking of testimony in this proceeding begin on Thursday, May 15, 1941, at nine o’ clock in the forenoon of that day (eastern standard time) in the St. George Hotel, Brooklyn, New York. Upon completion of testimony for the Federal Trade Commission, the trial ex aminer is directed to proceed immedi ately to take testimony and evidence on behalf of the respondent. The trial ex aminer will then close the case and make his report upon the evidence. By the Commission. [seal] O tis B. Johnson, Secretary. [F. R. Doc. 41-3143; Filed, April 29, 1941; 11:39 a. m.] [Docket No. 4306] In the Matter of Titus Blatter & C ompany, a Corporation order appointing trial examiner and fix ing TIME AND PLACE FOR TAKING TESTI MONY At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 26th day of April, A. D. 1941. This matter being at issue and ready for the taking of testimony, and pursuant to authority vested in the Federal Trade Commission, under an Act of Congress (38 Stat. 717; 15 U.S.C.A., section 41), It is ordered, That Lewis C. Russell, a trial examiner of this Commission, be and he hereby is designated and ap pointed to take testimony and evidence in this proceeding and to perform all other duties authorized by law; It is further ordered, That the taking of testimony in this proceeding begin on Wednesday, May 21,1941, at nine o’ clock in the forenoon of that day (eastern standard time) in the St. George Hotel, Brooklyn, New York. Upon completion of testimony for the Federal Trade Commission, the trial ex aminer is directed to proceed immediately to take testimony and receive evidence on behalf of the respondent. The trial examiner will then close the case and make his report upon the evidence. By the Commission. [seal] O tis B. Johnson, Secretary. [F. R. Doc. 41-3144; Filed, April 29, 1941; 11:39 a. m.] [Docket No. 4326] In the Matter of Philip Jablon, Indi vidually and Trading as Bell Yarn C ompany and as Wonoco Yarn Com pany ORDER APPOINTING TRIAL EXAMINER AND FIX ING TIME AND PLACE FOR TAKING TESTI MONY At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 26th day of April, A. D. 1941. This matter-being at issue and ready for the taking of testimony, and pursuant to authority vested in the Federal Trade Commission, under an Act of Congress (38 Stat. 717; 15 U.S.C.A., section 41), It is ordered, That Lewis C. Russell, a trial examiner of this Commission, be and he hereby is designated and ap pointed to take testimony and receive evidence in this proceeding and to per form all other duties authorized by law; It is further ordered, That the taking of testimony in this proceeding begin on Thursday, May 15, 1941, at nine o’ clock in the forenoon of that day (eastern standard time) in the St. George Hotel, Brooklyn, New York. Upon completion of testimony for the Federal Trade Commission, the trial ex aminer is directed to proceed immedi ately to take testimony and evidence on behalf of the respondent. The trial ex aminer will then close the case and make his report upon the evidence. By the Commission. [seal] O tis B. Johnson, Secretary. [F. R. Doc. 41-3145; Filed, April 29, 1941; 11:39 a. m.] [Docket No. 4443] In the Matter of the Wire Rope & Strand Manufacturers A ssociation, Inc., et al. O RDER APPOINTING TRIAL EXAMINER AND FIX ING TIME AND PLACE FOR TAKING TESTI MONY At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 26th day of April, A. D. 1941. This matter being at issue and ready for the taking of testimony, and pursu ant to authority vested in the Federal Trade Commission, under an Act of Con gress (38 Stat. 717; 15 U.S.C.A., section 41), It is ordered, That John P. Bramhall, a trial examiner of this Commission, be and he hereby is designated and ap pointed to take testimony and receive evidence in this proceeding and to per form all other duties authorized by law; It is further ordered, That the taking of testimony in this proceeding begin on Monday, June 2, 1941, at ten o’ clock in the forenoon of that day (eastern stand ard time) in Room 332, Federal Trade Commission Building, Sixth Street and Constitution Avenue NW., Washington, D. C. Upon completion of testimony for the Federal Trade Commission, the trial ex aminer is directed to proceed immedi ately to take testimony and receive evi dence on behalf of the respondent. The trial examiner will then close the case and make his report upon the evidence. By the Commission. [seal] Otis B. Johnson, Secretary. [F. R. Doc. 41-3146; Filed, April 29, 1941; 11:39 a. m.] [Docket No. 4470] In the Matter of Ar. Winarick, Inc., et AL. O RDER APPOINTING TRIAL EXAMINER AND FIX ING TIME AND PLACE FOR TAKING TESTI MONY At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 25th day of April, A. D. 1941. This matter being at issue and ready for the taking of testimony, and pursuant to authority vested in the Federal Trade Commission, under an Act of Congress (38 Stat. 717; 15 U.S.C.A., section 41). It is ordered, That John J. Keenan, a trial examiner of this Commission, be and he hereby is designated and ap pointed to take testimony and receive evidence in this proceeding and to per form all other duties authorized by law; It is further ordered, That the taking of testimony in this proceeding begin on Monday, May 19, 1941, at ten o’ clock in the forenoon of that day (Eastern Stand ard Time) in Room 332, Federal Trade Commission Building, Washington, D. C. Upon completion of testimony for the Federal Trade Commission, the trial ex aminer is directed to proceed immedi ately to take testimony and evidence on behalf of the respondent. The trial ex aminer will then close the case and make his report upon the evidence. By direction of the Commission. [seal] Otis B. Johnson, Secretary. [F. R. Doc. 41-3147; Filed, April 29, 1941; 11:40 a. m.j
2210 FEDERAL REGISTER, Wednesday, April SO, 1941 SECURITIES AND EXCHANGE COM - MISSION. [File No. 70-264] In the Matter of Northeastern Water and E lectric C orporation and Its Subsidiaries O RDER APPROVING APPLICATION, ETC. At a regular session of the Securities and Exchange Commission held at its office in the City of Washington, D. C. on the 25th day of April 1941. The above-named persons having filed declarations and an application, pur suant to the Public Utility Holding Com pany Act of 1935, particularly sections 7, 10 and 12, and Rule U-12B-1 there under, regarding advances from time to time by Northeastern Water and Elec tric Corporation, a registered holding company, to certain of its subsidiary companies, as set forth below: Name of borrowing Maximum com pany: amount of loan Caribou Water, Light & Power C o _________________________ $100,000.00 Consumers Water Co ------------ 1, 500.00 Ellwood Consolidated Water C o ________________________ 19,500.00 Everett’ W ater Co -------------— 4,0 0 0 .0 0 Guilford Water Co ---------- --- 2,500.00 H am pton Water Works Co— 10,000.00 Name of borrowing Maximum com pany—Continued, amount of loan Latrobe W ater Co ________ ;.___ $5,000. 00 Maryland W ater Works Co _ 17,000.00 M assachusetts Water Works C o _______________________ - 5,000.00 Oxford W ater Co ____________ 8 ,0 0 0 .0 0 Penobscot C ounty Water. Co_ 15,000.00 Presque Isle W ater Co ______ 84, 500.00 Riverton Consolidated W ater C o ____________________ 50,000.00 Salisbury W ater Supply Co ___ 20,000.00 Skowhegan Water Co _______ 3, 500.00 W estern Reserve Power & Light Co _ _ ____ — ______ ___ 25,000. 00 W est Helena Water Works Co_ 12,000.00 W est P enn W ater Co ________ 15,000.00 Total ........................................ 397, 500.00 and the acquisition by Northeastern Water and Electric Corporation of 5% Promissory Notes of the subsidiary com panies evidencing said advances, and the issue and sale of 5% Promissory Notes by the following public-utility subsidiaries of Northeastern Water and Electric Corporation: W estern Reserve Power and Light C o _______________________________$25, 000 Caribou Water, Light and Power C o _____________________ _____ ____ 100,000 and the extension of the maturity dates of bonds held by Northeastern Water and Electric Corporation of certain of its non-utility subsidiaries, as follows: Company and title oí issue The Hartland Water Company 1st Mtg. 5% 5?°,1? 5 O D £s— The Mechanic Falls Water Co. 1st Mtg. 5% Gold Bonds.... The North Berwick Water Co. 1st Mtg. 5% Gold Bonds..... The Sangerville Water Supply Co. 1st Mtg. 5% Gold Bonds. Principal amount of bonds Present matu rity date Contem plated ex tended ma turity date $50,000 July1,1932July1,1952 33,000 July1,1935July1,1955 30,000 Oct.1,1916Oct.1,1946 8,000 July1,1931July 1,1951 and a capital contribution to Stockton Springs Water Company in the amount of $3,000 by Northeastern Water and Electric Corporation. A public hearing having been held upon such declarations and application, as amended, after appropriate notice, the Commission having examined the record and having filed its findings and opinion herein; It is ordered, That the declarations, as amended, filed pursuant to section 7 and Rule U-12B-1 be and are hereby per mitted to become effective, and that the application filed pursuant to section 10 be and hereby is approved, subject, how ever, to the terms and conditions pre scribed in Rule U-24 of the General Rules and Regulations, and subject to the fol lowing additional condition: That, if any of the interest bearing loans approved herein are not liquidated within one year, said loans shall cease to bear in terest. By the Commission. [seal] F rancis P. Brassor, Secretary. [F. R. Doc. 41-3140; Filed, April 29, 1941; 11:35 a. m .j [File No. 70-281] In the Matter of Ogden C orporation O RDER CONSENTING TO WITHDRAWAL OF DECLARATION At a regular session of the Securities and Exchange Commission, held at its office in the City of Washington, D. C., on the 26th day of April, A. D. 1941. Ogden Corporation, a registered hold ing company, having filed a declaration under section 12 (b) of the Public Utility Holding Company Act of 1935 and Rule U-12B-1 promulgated thereunder with respect to a proposed advance of $6,500 on open account to its subsidiary, Central States Utilities Corporation, and having thereafter requested the withdrawal of such declaration; * It appearing that such request should be granted; It is ordered, That consent be and here by is given to such withdrawal. By the Commission. [seal] F rancis P. Brassor, Secretary. [F. R. Doc. 41-3141; Filed, April 29, 1941; 11:35 a. m.] [File No. 70-194] In the Matter of Lone Star Gas Cor poration, The D allas Gas C ompany, C ommunity Natural Gas C ompany, and County Gas Company order granting applications and permit ting DECLARATIONS TO BECOME EFFECTIVE At a regular session of the Securities and Exchange Commission held at its office in the City of Washington, D. C., on the 28th day of April, A. D. 1941. Lone Star Gas Corporation, a regis tered holding company, and its subsid iaries, the Dallas Gas Company, Com munity Natural Gas Company and County Gas Company, having filed ap plications and declarations and amend ments thereto pursuant to sections 7, 10 and 12 of the Public Utility Holding Company Act of 1935 and Rule U-12F-1 promulgated under said Act regarding the following transactions: 1. The sale by County Gas Company of its utility and other assets to The Dallas Gas Company and Community Natural Gas Company; 2. The creation and issuance of 10,470 shares of common capital stock of the par value of $100 each by The Dallas Gas Company and the assumption by the said Dallas Gas Company of the liability upon $1,775,000 principal amount of 41 /2% notes, due August 1, 1953, previ ously issued by County Gas Company and held by Lone Star Gas Corporation; and 3. The acquisition by Lone Star Gas Corporation of such shares of stock and the obligation of The Dallas Gas Com pany resulting from such assumption of liability. Public hearing thereon having been held after appropriate notice and the Commission having considered the rec ord and made and filed its findings and opinion herein;. It is ordered, That the said applica tions as amended be, and the same hereby are, granted and that the said declara tions as amended be, and the same hereby are permitted to become effective forthwith, subject, however, to the terms and conditions prescribed in Rule U-9, and, as to the application filed by The Dallas Gas Company pursuant to section 10 of the Act, to the following additional condition: That if and whenever the reserve re ferred to in the franchise of The Dallas Gas Company as the “Surplus Reserve” shall be less than $766,417 The Dallas Gas Company will accrue out of its re turn authorized by said franchise and credit to a special reserve an amount equal to the difference between $766,417 and the balance in such “Surplus Re serve” and maintain such special reserve unimpaired until the balance in such
FEDERAL REGISTER, Wednesday, April 30, 1941 2211 “Surplus Reserve” shall be $766,417 or more. By the Commission. [seal! F rancis P. Brassor, Secretary. [F. R. Doc. 41-3138; Filed, April 29, 1941; 11:34 a. m.] [Files Nos. 70-259, 31-509] In the Matter of Pennsylvania Gas & E lectric Corporation and Pennsylva nia Gas & Electric Company O R D ER APPROVING APPLICATION At a regular session of the Securities and Exchange Commission held at its office in the City of Washington, D. C., on the 28th day of April, A. D. 1941. Applications, together with amend ments thereto, having been filed with this Commission pursuant to the Public Utility Holding Company Act of 1935 by the parties above named concerning the following: The Pennsylvania Gas & Electric Cor poration, a registered holding company, proposes to acquire from its subsidiary, Pennsylvania Gas & Electric Company, likewise a registered holding company, all of the outstanding common stock of The Petersburg & Hopewell Gas Company, consisting of 5,500 shares of the par value of $100 per share, for the sum of $350,000 in cash; and Pennsylvania Gas & Electric Company has applied for exemption from regis tration as a holding company pursuant to section 3 (a) (1) of the Act, said ap plication being predicated upon the state of facts which will exist subsequent to the consummation of the aforesaid sale of its interest in The Petersburg & Hope- well Gas Company; and A public hearing having been duly held after appropriate notice; and the Com- No.85------4 mission having examined the record in this matter; . It is ordered. That pursuant to the ap plicable sections of said Act, viz., sections 12 (d), 10 and 12 (f) and the Rules and Regulations promulgated thereunder, the before mentioned sale and acquisition be and they hereby are approved, subject, however, to the terms and conditions set forth in Rule U-9; It is further ordered, That such appli cation for exemption pursuant to section 3 (a) (1) of said Act be and it hereby is granted subject to the terms and condi tions set forth in Rule U-9 and to the condition that such exemption shall be come effective only upon the filing with this Commission of a certificate show ing that the before mentioned sale has been consummated. By the Commission. [seal] F rancis P. Brassor, Secretary. [F. R. Doc. 41-3139; Filed, April 29, 1941; 11:34 a. m.j [File No. 70-303] In the Matter of Southern Natural Gas C ompany NOTICE REGARDING FILING At a regular session of the Securities and Exchange Commission, held at its office in the City of Washington, D. C., on the 29th day of April, A. D. 1941. Notice is hereby given that a declara tion or application (or both), has been filed with this Commission pursuant to the Public Utility Holding Company Act of 1935 by the above named party or parties; and Notice is further given that any inter ested person may, not later than May 15, 1941, at 4:30 P. M., E. S. T., request the Commission in writing that a hearing be held on such matter, stating the reasons for such request and the nature of his interest, or may request that he be noti fied if the Commission should order a hearing thereon. At any time thereafter such declaration or application, as filed or as amended, may become effective or may be granted, as provided in Rule U-23 of the Rules and Regulations promul gated pursuant to said Act or the Com mission may exempt such transaction as provided in Rules U-20 (a) and U-100 thereof. Any such request should be ad dressed: Secretary, Securities and Ex change Commission, Washington, D. C. All interested persons are referred to said declaration or application, which is on file in the office of said Commission, for a statement of the transactions therein proposed, which are summarized below: Southern Natural Gas Company, a registered holding company, proposes to acquire at a price of $1.00 per share not less than 999,000 shares nor more than 1,099,000 shares of common capital stock, par value $1.00 per share of its subsidiary, Southern Production Company, Inc. Southern Natural Gas Company pro poses to acquire at least 999,000 of said shares as soon as possible and to acquire all or part of the remainder of such shares prior to June 30, 1942. Payment for a portion of the initial amount of said shares to be acquired by Southern Natural Gas Company will be made by crediting the open account advances ow ing to it by said Southern Production Company, Inc. Southern Natural Gas Company con siders section 10 of the Act to be applica ble to the proposed transaction. By the Commission. [seal] F rancis P. Brassor, Secretary. [F. R. Doc. 41-3137; Filed, April 29, 1941; 11:34 a. m.j