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AUTHORITY: §§ 602.1 to 602.595, inclusive, appearing in this Supplement, issued under 54 Stat. 676, 55 Stat. 236, 56 Stat. 177; 50 U.S.C. App., Sup., 1152 (a). E.O. 9125, 9332. 3 CFR Cum. Supp.

DISTRIBUTION OF SOLID FUELS

§ 602.1 Solid Fuels Regulation No. 1. NOTE: The following directions were issued by the Deputy Solid Fuels Administrator for War, with respect to § 602.1, during the period covered by this Supplement:

DIRECTION TO SUPPLIERS OF GOVERNMENT
AGENCIES

All persons who supply solid fuels to the War Department, Navy Department or other agency of the Federal Government are hereby directed to ship such solid fuels (anthracite, semi-anthracite, bituminous, subbituminous or lignitic coals or coke, including packaged and processed fuels such as briquettes) as may be required during the period commencing on the effective date of this notice and ending July 1, 1945, under any contract which has been or may hereafter be entered into between you and the War Department, Navy Department or other agency of the Federal Government, subject to such modifications or cut-backs as the Solid Fuels Administration may hereafter require.

Any direction which may hereafter be issued by the Solid Fuels Administration for War requiring the shipment of solid fuels to any person or group of persons does not authorize you to divert such solid fuels from shipments required by your contracts with the War Department, Navy Department or other agency of the Federal Government, unless such direction specifically permits or requires such diversions.

This direction, however, does not take precedence over or otherwise modify the preferences established under §§ 602.390 to 602.398, inclusive.

This direction has been issued at the request of the War Department, Navy Department and other agencies of the Federal Government, each of which has expressed its willingness to do all that it can to cooperate with SFAW in its program in respect to such matters as conservation, purchasing of the less scarce solid fuels and making purchases at such time and in such manner as will give assurance of maximum running time to the mines. [Apr. 13, 1944, 9 F.R. 4003] DIRECTION ΤΟ ALL PERSONS SHIPPING PREPARED SIZES OF DOMESTIC COAL PRODUCED IN DISTRICT 14

1. Any person (including a producer or wholesaler) who shipped any prepared sizes

of domestic coal produced in District No. 14, to one or more retail dealers located within the corporate limits of the City of St. Louis, Missouri, during the period April 1, 1943 to March 31, 1944, or during the month of September 1944, is hereby directed to ship to one or more retail dealers located within the corporate limits of the City of St. Louis, during the month of October 1944, and during each succeeding calendar month, to and including March 1945, not less than:

(a) 12 per cent of the total amount of such coal which such person shipped to retail dealers located within the corporate limits of the City of St. Louis, Missouri, during the period April 1, 1943 to March 31, 1944; or

(b) 110 per cent of the total amount of such coal which such person shipped to retail dealers located within the corporate limits of the City of St. Louis, Missouri, during the month of September 1944 whichever amount is the greater.

2. In complying with this direction, a person may consider all prepared sizes of domestic coal produced in District No. 14 as interchangeable and may ship coal produced at any mine or mines in District No. 14.

3. Shippers are hereby notified that when necessary to assure equitable distribution of coal within the corporate limits of the City of St. Louis, Missouri, the SFAW Area Distribution Manager in St. Louis will designate the retail dealers to whom shipment of the tonnage subject to this direction is to be made. Shippers shall promptly comply with all such instructions. [Oct. 17, 1944, 9 F.R. 12611]

SHIPMENT OF PREPARED SIZES OF DOMESTIC COAL PRODUCED IN DISTRICT 14

1. The direction to all persons shipping prepared sizes of domestic coal produced in District No. 14, issued October 17, 1944, is hereby revoked and cancelled, except that this shall have no effect upon the civil and criminal liabilities incurred under the provisions of that direction.

2. Any producer who shipped (directly or, indirectly through a wholesaler) 500 or more tons of prepared sizes of domestic coal produced in District No. 14 to retail dealers 10cated within the corporate limits of the City of St. Louis, Missouri during the month of October 1944, is hereby directed to ship to one or more retail dealers located within such area during the month of December 1944, and during each succeeding calendar month, to and including February 1945, not less than the total amount of such coal which such producer shipped to retail dealers located within the corporate limits of the City of St. Louis, Missouri during the month of October 1944.

3. Any producer of prepared sizes of domestic coal in District No. 14 who shipped (directly, or indirectly through a wholesaler) no such coal or less than 500 tons of such coal to retail dealers located within the corporate limits of the City of St. Louis, Missouri

during the month of October 1944, is hereby directed to ship to one or more retail dealers located within such area during the month of December 1944, and during each succeeding calendar month, to and including February 1945, not less than 10 per cent of such producer's total production of prepared sizes of such domestic coal for each such calendar month.

4. In complying with this direction, a producer may consider all prepared sizes of domestic coal produced in District No. 14 as interchangeable, and may ship coal produced at any mine or mines in District No. 14.

5. If after the tenth day of any calendar month, a producer does not have orders from retail dealers in St. Louis for coal in an amount equivalent to the amount which such producer is required to ship under this direction, the producer should promptly notify the SFAW Area Distribution Manager in St. Louis, who will endeavor to assist producers in obtaining orders. If, after so notifying the Area Distribution Manager in St. Louis, a producer is unable to obtain by the 20th day of any calendar month sufficient orders from retail dealers in St. Louis to cover shipment of the total tonnage required to be shipped by this direction, the producer is to such extent excused from complying with this direction.

6. Producers are hereby notified that, when necessary to assure equitable distribution of coal within the corporate limits of the City of St. Louis, Missouri, the SFAW Area Distribution Manager in St. Louis will designate the retail dealers to whom shipment of the tonnage subject to this direction is to be made. Producers shall promptly comply with all such instructions.

7. All persons handling prepared sizes of domestic coal produced in District No. 14 (including sales agents, distributors and retail dealers) will be expected to cooperate with the SFAW Area Distribution Manager to the end that the purposes of this direction will be fulfilled. [Nov. 30, 1944, effective Dec. 1, 1944, 9 F.R. 14226, 14337]

DIRECTION TO ALL PERSONS SHIPPING COAL PRODUCED IN DISTRICT 11

Any shipper of coal produced in District 11, who is unable to meet in full his December 1944 commitments for such coal is hereby directed to reduce, on a pro rata basis, to the extent necessary to meet his December 1944 commitments to industrial consumers having less than 90 days' supply and to retail dealers, his shipments during the balance of December to those industrial consumers who have more than 120 days' supply. However, in no event shall shipments to any such industrial consumer having more than 120 days' supply be reduced to an amount which is below 60 percent of the shipper's commitment for December 1944 delivery to such

consumer.

If, after arranging to reduce his shipments as above directed, any shipper of District 11 coal still will not have sufficient

coal to meet his December 1944 commitments, such shipper shall then reduce, on a pro rata basis, to the extent necessary to meet his December 1944 commitments to industrial consumers having less than 90 days' supply and to retail dealers, his shipments during the balance of December to industrial consumers having 90 to 120 days' supply. However, in no event shall shipments to any such industrial consumer having 90 to 120 days' supply be reduced to an amount which is below 80 per cent of the shipper's commitment for December 1944 delivery to such

consumer.

If the tonnage made available by such reductions is insufficient to fulfill all December 1944 commitments to industrial consumers having less than 90 days' supply and to retail dealers, shippers shall, in so far as practicable, prorate the available tonnage among such purchasers, but in no event shall this result in a shipper supplying to any such industrial consumer more than 100 per cent of his December consumption requirements. [Dec. 12, 1944, expires Dec. 31, 1944, 9 F.R. 14597]

DIRECTION TO SHIPPERS AND CONSUMERS OF COAL MOVING FROM TIDEWATER DOCKS

1. No person shipping bituminous coal which will move, or has moved from a tidewater dock located in the States of Maine, New Hampshire, Massachusetts, Rhode Island and Connecticut, shall deliver any such coal to a consumer (except a consumer using less than 50 tons of bituminous coal per year) if the consumer has on hand more than a 30 days' supply of bituminous coal.

2. No person shipping bituminous coal which will move, or has moved, from tidewater docks in the States of Maine, New Hampshire, Massachusetts, Rhode Island and Connecticut, shall deliver to any consumer having on hand less than a 30 days' supply of bituminous coal (except a consumer using less than 50 tons of coal per year) such coal in an amount which, when added to such consumer's stockpile, will exceed a 30 days' supply of bituminous coal.

3. No consumer (except a consumer using less than 50 tons of bituminous coal per year) shall receive any bituminous coal which will move, or has moved, from a tidewater dock located in the States of Maine, New Hampshire, Massachusetts, Rhode Island and Connecticut, if such consumer has on hand more than a 30 days' supply of bituminous coal.

4. No consumer having on hand less than a 30 days' supply of bituminous coal (except a consumer who uses less than 50 tons of coal per year) shall receive any such coal which will move, or has moved, from a tidewater dock located in the States of Maine, New Hampshire, Massachusetts, Rhode Island and Connecticut, in an amount which, when added to his stockpile, will exceed a 30 days' supply of bituminous coal.

5. Shippers and consumers subject to the above paragraphs may arrange for the deliv

ery of ex-tidewater dock coal to consumers having more than a 30 days' supply when necessary to take care of emergency situations: Provided, however, That the shipper of the coal shall submit, within five days of delivery of the coal, to the Solid Fuels Administration for War, Washington 25, D. C., a statement containing the names of the shippers and consumers, a full description of the tonnage delivered and the reasons for such excess delivery.

6. The provisions of this direction shall not excuse compliance with applicable provisions of SFAW Revised Regulation No. 21 and SFAW Regulation No. 23.

This direction shall become effective immediately and shall remain in effect until further notice. [Dec. 21, 1944, 9 F.R. 14888]

PENNSYLVANIA ANTHRACITE

CODIFICATION: §§ 602.3 to 602.18, inclusive, were revoked by Regulation 18, Solid Fuels Administrator for War, Mar. 30, 1944, 9 F.R. 3481 except that civil or criminal liabilities resulting from violations of §§ 602.3 to 602.18, inclusive, shall not be affected by such revocation. Prior to revocation, the sections set forth below in small type were amended during the period covered by this Supplement.

- § 602.4 Restrictions on shipments by

wholesalers.

(d) If any producer, wholesaler or equipped retail dealer has shipped to any equipped or unequipped dealer tonnages of anthracite in an amount which, as of the end of any calendar month, exceeds proportionately to such date the 90 percent limitation imposed by this regulation, then such producer, wholesaler or equipped retail dealer shall forthwith reduce his shipments to such equipped or unequipped retail dealer so that by March 31, 1944 such equipped or unequipped retail dealer shall not have received in excess of 90 percent of the tonnages received during the base period, including any adjustments made pursuant to §§ 602.3 to 602.18, inclusive: Provided, however, That in no event shall a producer, wholesaler or equipped retail dealer be precluded by this regulation from shipping to any equipped or unequipped retail dealer in each calendar month for the period January to March 1944, inclusive, 1/24th of the tonnage shipped to such dealer during the base period, including any adjustments of such tonnage made by the Solid Fuels Administration for War, pursuant to §§ 602.3 to 602.18, inclusive.

(e) During the period April 1, 1943 to March 31, 1944, inclusive, no producer or wholesaler shall ship anthracite for the account of any wholesaler whose place of business is outside the continental limits of the United States if his total shipments, during said period, to all such wholesalers exceeds 90% of the anthracite shipped during the base period for the account of all wholesalers whose place of business is outside the continental limits of the United States, dur

ing the base period. In complying with the provisions of this paragraph, each producer or wholesaler shall consider all anthracite shipped subsequent to April 1, 1943 as part of the total tonnage which he may ship during the entire period April 1, 1943 to March 31, 1944, inclusive.

(f) on or before January 25, 1944, each producer and wholesaler shall report in writing to the Solid Fuels Administrator for War at Washington, D. C., the total actual tonnage shipped to each wholesaler whose place of business is outside the continental limits of the United States during the period April 1, 1943, to January 1, 1944, inclusive. On or before the 25th day of each succeeding month, each producer and wholesaler shall report in writing to the Solid Fuels Administrator for War the actual tonnage shipped to each such wholesaler whose place of business is outside the continental limits of the United States during the preceding full calendar month. The reports required by this paragraph shall set forth the tonnage of broken, egg, stove, chestnut and pea as a single total for each month covering the domestic sizes and separately set forth the tonnage of No. 1 buckwheat for each month. [Paragraphs (d), (e) and (f) added Dec. 31, 1943, effective Jan. 1, 1944, 9 F.R. 60]

§ 602.5 Limitations of deliveries to consumers. In addition to §§ 602.3 to 602.18, inclusive, and in order to assure a more equitable distribution of anthracite among consumers, the Solid Fuels Administrator for War has heretofore issued §§ 602.101 to 602.111, inclusive, which prescribe limitations upon the delivery of anthracite for space heating to consumers in the same areas designated by the Administrator in § 601.22. [Rev. Reg. 2, Amdt. 2, Dec. 31, 1943, effective Jan. 1, 1944, 9 F.R. 60]

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MAINTENANCE OF RECORDS AND FILING OF REPORTS OF SOLID FUELS INDUSTRIES, OTHER THAN PENNSYLVANIA ANTHRACITE

§ 602.61 Definitions.

(f) "Receiver" means any commercial dock operator and any industrial consumer, or railroad, to the extent that he or it receives coal by vessel or barge at a dock or other unloading facility located on the Great Lakes. [Paragraph (f) added, Apr. 13, 1944, 9 F.R. 4005]

§ 602.62 Information and reports to be filed.

(b) Each person who directs or orders the dumping of coal into vessels for transshipment via tidewater, or for vessel or bunker fuel use other than on the lakes, shall maintain appropriate records and shall file with the Solid Fuels Administration for War, Washington, D. C., on or before the first day of each calendar month, a copy of the cargo manifest consist report or dumping sheet issued to him in regard to each shipment of coal made during the second preceding calendar month, and shall attach to and file with such copy a statement, which may be a copy of the invoice covering the coal dumped, showing the producing district (where such district is District No. 7 or 8 there shall be an indication as to whether the coal involved was low or high volatile bituminous coal), tonnages destinaby size groups, consumer use, tion of the vessel, and, if the coal involved is for railroad fuel use or is for by-product use, the name of the vendee or purchaser. [Paragraph (b) amended Apr. 13, 1944, 9 F.R. 4005]

(c) Each person who directs or orders the dumping of coal into vessels for transshipment via lake, or for vessel or bunker fuel use on the lakes, shall maintain appropriate records and shall file with the Solid Fuels Administration for War, Washington, D. C., within seven days following dumping of the coal into the vessel, a copy of the cargo manifest consist report, or dumping sheet issued to him in regard to each of such shipments of coal, and shall attach to and file with such copy a statement, which may be a copy of the invoice covering the coal dumped, showing the producing district (if such district is District No. 7 or 8 there shall be an indication as to whether the coal involved was low or high volatile bituminous coal), tonnages by size groups, consumer use, destination of vessel, and the name of the receiver, Provided, however, That the first report required to be filed by this paragraph shall cover the period from March 1, 1944 to the effective date of this amendment. [Paragraph (c) added Apr. 13, 1944, 9 F.R. 4005]

DISTRIBUTION OF ANTHRACITE FOR POULTRY BROODERS AND HATCHERIES CODIFICATION: §§ 602.81 to 602.88, inclusive, were superseded by §§ 602.81 to 602.90b, inclusive, Sept. 28, 1944, effective Oct. 15, 1944, 9 F.R. 11931. The former § 602.85 was amend

ed to read as set forth below in small type during the period covered by this Supplement.

§ 602.85 Other regulations. Nothing contained in §§ 602.330-602.356, shall be deemed (a) to exclude compliance with the provisions of §§ 602.81-602.88 or (b) to preclude any action by the Solid Fuels Administrator for War under 602.1. [Reg. 5, Amdt. 1, Mar. 30, 1944, effective Apr. 1, 1944, 9 F.R. 3481]

SOURCE: §§ 602.81 to 602.90b, inclusive, contained in Revised Regulation 5, Solid Fuels Administrator for War, Sept. 28, 1944, effective Oct. 15, 1944, 9 F.R. 11931.

§ 602.81 Definitions. For purposes of §§ 602.81 to 602.90b, inclusive:

(a) "Anthracite❞ means that coal which (1) is generally referred to as Pennsylvania anthracite, (2) is produced in the following counties in Pennsylvania: Carbon, Columbia, Dauphin, Lebanon, Lackawanna, Luzerne, Northumberland, Schuylkill, Susquehanna and Wayne, and (3) is limited to the sizes generally known as chestnut and pea.

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

(c) "Producer" means any person engaged in the business of mining or preparing anthracite.

(d) "Wholesaler” means any producer to the extent that he ships, distributes or sells anthracite to retail dealers, and any person to the extent that he receives or purchases anthracite for shipment, distribution or resale to retail dealers.

(e) "Retail dealer" means any person (including the retail outlet, branch or department of one who is also a producer, wholesaler or lake dock operator) to the extent that he acts in the capacity of a supplier, shipper or seller of anthracite in any transaction, except a wholesale transaction, involving a shipment, sale, or sale and delivery, of broken bulk anthracite physically handled in a truck, wagon, or other less than carload facility, without regard to quantity or frequency of delivery.

(f) "Order" means any request or contract for the purchase of anthracite or any requisition or other arrangement designed to procure anthracite from a producer, wholesaler or retail dealer for use in a poultry brooder or hatchery located at any place within the continental United States.

(g) "Day's supply" means the amount of anthracite which it is reasonably expected will be consumed in a particular poultry brooder or hatchery each day during the 30 days next following the placing of an order for anthracite.

§ 602.82 Conditions imposed upon distribution of anthracite for use in poultry brooders and hatcheries. (a) No producer, wholesaler, or retail dealer may distribute, ship or deliver anthracite to the owner or operator of a poultry brooder or hatchery for use therein and no such owner or operator may receive anthracite for such use unless at, or prior to, the time of the first delivery such owner or operator shall have filed with the same producer, wholesaler, or retail dealer who supplied anthracite to him for such use during the period April 1, 1942 to March 31, 1943, inclusive, the written statement required by paragraph (a) of § 602.83. In the event that such producer, wholesaler, or retail dealer has discontinued business or is unable to fill such order, or in the event that the owner or operator of a poultry brooder or hatchery did not purchase anthracite for such use during the period April 1, 1942 to March 31, 1943, inclusive, then such owner or operator may file such statement with any other producer, wholesaler, or retail dealer.

(b) No retail dealer may obtain or receive a shipment of anthracite for resale for use in a poultry brooder or hatchery unless and until he shall have filed with the Regional Office of SFAW for the region in which he is located, the written statement required by paragraph (b) of § 602.83.

§ 602.83 Information to be furnished by purchasers and retail dealers. (a) Each owner or operator of a poultry brooder or hatchery who seeks to obtain anthracite pursuant to § 602.82, shall file a written statement, signed by the purchaser, on a form referred to as "Statement of Owner or Operator of Poultry Brooder or Hatchery," to be reproduced and furnished by the supplier of anthracite. Such statement shall set forth, among other things, the owner's estimated annual needs for anthracite, the amount of anthracite on hand as of April 1, 1944, the number of broods expected to be made prior to March 31, 1945, the number of brooder stoves in which it is expected that anthracite will be used, an estimate of the number of

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