industrial consumer, you are prohibited from receiving any coal (other than "surplus coal" offered by a producer pursuant to § 602.509) produced in any district, except District 5, under any order, unless you file such order with your supplier on or before the 24th day of the calendar month preceding the month of shipment.

You are not permitted to receive any coal pursuant to any order, unless the order, or confirmation of the order, contains, or is amended to contain, the following information:

(1) Separately, by uses, the specific number of tons ordered from your supplier.

(2) Separately, by uses, your estimated days' supply (calculated as set forth in § 602.513) as of the last day of the calendar month during which the order is placed.

(3) Separately, by uses, your monthly consumption requirements (calculated as set forth in § 602.513).

(4) Separately, by uses and groups of districts, the total tonnage of coal you have ordered from all suppliers for delivery to you from each group of districts during the same calendar month. Districts 9, 10 and 11 are to be reported as Group A; Districts 1-4, inclusive, 6 and 13, are to be reported as Group B; Districts 7 and 8 are to be reported as Group C; and all other districts and Canada are to be reported as Group D.

(5) A statement on the order, or confirmation of the order, that the above information is correct.

(b) Exceptions. The following industrial consumers are exempted from the provisions of this section:

(1) An industrial consumer who receives coal by truck and who lacks facilities for storing more than 10 days' supply of coal (based on his estimated requirements for an average winter month).

(2) An industrial consumer who does not receive, during the calendar month, from all sources combined, more than 50 tons or one carload of bituminous coal.

(3) An industrial consumer to the extent that he receives coal from a commercial dock operator located on Lake Superior or on the west bank of Lake Michigan, north of and including, Waukegan, Illinois, or in the State of Michigan.

§ 602.515 Restrictions on receipts by industrial consumers of by-product and

other special purpose coal. If you are an industrial consumer using by-product or other special purpose coal, you are prohibited from receiving from all sources combined, during the period May 1, 1944 to May 15, 1945, by-product or other special purpose coal produced in Districts 1-4, inclusive, 6-11, inclusive, and 13 in excess of an amount representing the difference between your inventory of such coal as of May 1, 1944, and the amount of your consumption requirements for such coal for the period May 1, 1944 to May 15, 1945, except that you are not required to maintain less than a 30 days' supply of by-product or special purpose coal.

You are not permitted to receive any by-product coal unless you have complied with the provisions of §§ 602.280 to 602.286, inclusive, which require you to report your by-product commitments. The amount of coal which you may receive under your commitments is subject to modification by SFAW direction.

§ 602.516 Restrictions on receipts by industrial consumers of coal moving via the Great Lakes or ex-lake dock. If you are an industrial consumer who receives coal via the Great Lakes, whether such coal is received by you directly at a dock on the lakes, or is received ex-lake dock, you are prohibited from receiving from all sources combined, during the period May 1, 1944 to May 15, 1945, coal produced in Districts 1-4, inclusive, and 6-11, inclusive, in excess of an amount representing the difference between your inventory of such coal as of May 1, 1944 and the amount of your consumption requirements for such coal for the period May 1, 1944 to May 15, 1945.

You are not permitted to receive any coal by vessel or barge at a dock or other unloading facility located on the Great Lakes unless you have complied with the provisions of §§ 602.265 to 602.271, inclusive, which require you to report your lake coal commitments. The amount of coal which you may receive under your commitments is subject to modification by SFAW direction.

If you are an industrial consumer not located in Iowa, Michigan, Minnesota, North Dakota, South Dakota or Wisconsin, you are prohibited from receiving any coal from any commercial dock operator located on Lake Superior, or on the west bank of Lake Michigan, north of and including Waukegan, Illinois, or in the State of Michigan, unless you first

obtain permission from SFAW. [Third undesignated paragraph amended Oct. 12, 1944, 9 F.R. 12437]

If you receive coal from a dock operator located on Lake Superior or on the west bank of Lake Michigan, north of, and including Waukegan, Illinois, or in the State of Michigan, and if, on December 1, 1944, you have more than 100 days' supply of coal, you shall, on or before December 10, 1944, furnish to such dock operator a statement showing your days' supply as of December 1, 1944. You shall furnish such statement to the Area Distribution Manager, Room 116, United States Court House, Minneapolis, Minnesota, except that if you are located in the State of Michigan, you shall furnish a copy of such statement to the Assistant Area Distribution Manager, 2210 Penobscot Building, Detroit, Michigan.

CODIFICATION: In the third undesignated paragraph of § 602.516, "Iowa" was inserted after the words "located in" and preceding "Michigan," by Regulation 23, Amendment 1, Deputy Solid Fuels Administrator for War, Oct. 12, 1944, 9 F.R. 12437.

§ 602.517 Restrictions on receipts by industrial consumers of coal other than by-product and special purpose coal, and other than coal moving via the Great Lakes or ex-lake dock-(a) No restrictions on surplus coal. Notwithstanding any other provisions of this section industrial consumers are permitted to receive "surplus coal" which a producer may ship in accordance with § 602.509. Industrial consumers should make every reasonable effort to make known to producers and wholesalers that they are ready, willing and able to accept coal in addition to the amount ordered, to the extent that such coal is available and offered in accordance with the provisions of $602.509.

(b) Restrictions on receipts by industrial consumers of coal produced in Districts 9, 10 and 11 (Group A). If you are an industrial consumer whose days' supply of bituminous coal exceeds 120 days, calculated on the basis of your estimated consumption requirements for the month of November 1944, you are prohibited from receiving during any calendar month coal produced in Districts 9, 10 and 11 (Group A), or any such districts, in an amount greater than 100 percent of your monthly consumption requirements, without first obtaining permission from SFAW.

[Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement]

(b) Restrictions on receipts by industrial consumers of coal produced in Districts 9, 10 and 11 (Group A). (1) If you are an industrial consumer having 90 or less days' supply of bituminous coal, you are prohibited from receiving during any calendar month beginning with January 1945 coal produced in Districts 9, 10 and 11 (Group A), or any such districts, in an amount greater than 100 per cent of your monthly consumption requirements.

(2) If you are an industrial consumer having 91 to 120 days' supply of bituminous coal, you are prohibited from receiving during any calendar month beginning with January 1945 coal produced in Districts 9, 10 and 11 (Group A), or any such districts, in an amount greater than 80 per cent of your monthly consumption requirements, except that you are not required to maintain less than a 90 days' supply of coal.

(3) If you are an industrial consumer having in excess of 120 days' supply of bituminous coal, you are prohibited from receiving during any calendar month beginning with January 1945 coal produced in Districts 9, 10 and 11 (Group A), or any such districts, in an amount greater than 60 per cent of your monthly consumption requirements, except that you are not required to maintain less than a 90 days' supply of coal. [Paragraph (b) amended Dec. 15, 1944, 9 F.R. 14712]

NOTE: Although an industrial consumer who has a stockpile containing 120 days' supply is permitted to purchase 100 percent of his monthly consumption requirements of coal produced in Districts 9, 10 and 11. the primary purpose of this provision is to encourage industrial consumers to stockpile between 40 and 90 days' supply of such coal. Any industrial consumer having a stockpile containing a 40 to 90 days' supply will not be required, when it is necessary to reduce such stockpile, to draw down at a greater rate than any other industrial consumer having a stockpile containing 40 to 90 days' supply. The failure of an industrial consumer to build a stockpile containing at least 40 days' supply, if he has facilities for storing coal in such quantity, will be considered by Solid Fuels Administration for War as adequate ground for denying any relief to such consumer when and if he requests aid in securing coal.

(c) Restrictions on receipts by industrial consumers of coal produced in Districts 1-4, inclusive, 6 and 13 (Group B). If you are an industrial consumer, you are prohibited from receiving during any

calendar month coal produced in Districts 1-4, inclusive, 6 and 13 (Group B), or any of such districts, in an amount which exceeds your monthly consumption requirements for such calendar month. However, if you do not have (in addition to the amount which will satisfy your current monthly consumption requirements) a supply of coal equal to your estimated consumption requirements for the month of November 1944, you may obtain that additional amount which will enable you to accumulate by November 1, 1944, a supply of coal equal to your estimated consumption requirements for the month of November 1944.

(d) Restrictions on receipts by industrial consumers of coal produced in Districts 7 and 8 (Group C)-(1) Restrictions imposed by Stock Limitation Table. If you are an industrial consumer, you are prohibited from receiving during any calendar month coal produced in Districts 7 and 8 (Group C), or either of such districts, in amounts greater than those shown on the Stock Limitation Table set forth below. The Table operates as follows:

Column 1 indicates the industrial consumer's estimated days' supply, as calculated pursuant to the provisions of § 602.513.

Column 2 indicates the maximum percentage of monthly consumption requirements, calculated pursuant to § 602.513 which may be obtained by public utilities purchasing coal shipped from any mine, yard, dock or other place, by any method of transportation, and to any destination, except that this column does not apply to (1) pub-, lic utilities receiving coal in Canada, and (11) public utilities receiving coal shipped by tidewater and consigned directly to the public utility at a dock or other unloading facility in New York Harbor or New England.

Column 3 indicates the maximum percentage of monthly consumption requirements which may be obtained by (1) public utilities receiving coal in Canada, and (ii) public utilities receiving coal shipped by tidewater and consigned directly to the public utility at a dock in New York Harbor or New England.

Column 4 indicates the maximum percentage of monthly consumption requirements which may be obtained by industrial consumers (other than public utilities) who receive coal from any mine, yard, dock, or other place, by any method of transportation, and at any destination, except that this column does not apply to (1) industrial consumers receiving coal in Canada, and (11) industrial consumers receiving coal shipped by tidewater and consigned directly to the industrial consumer at a dock in New York Harbor or New England.

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(2) Exceptions in the restrictions imposed by the Stock Limitation Table. Notwithstanding the restrictions set forth in the Stock Limitation Table above:

(1) A public utility to which column 2 is applicable, which has more than 40 days' supply, may order and receive, in addition to the amount of coal permitted under the Stock Limitation Table, such additional coal as is necessary to maintain such 40 days' supply.

(ii) A public utility to which column 3 is applicable, which has more than 55 days' supply, may order and receive, in addition to the amount of coal permitted under the Stock Limitation Table, such additional coal as is necessary to maintain such 55 days' supply.

(iii) An industrial consumer to whom column 4 is applicable, who has more than 20 days' supply, may order and receive, in addition to the amount of coal permitted under the Stock Limitation Table, such additional coal as is necessary to maintain such 20 days' supply.

(iv) An industrial consumer to whom column 5 is applicable, who has more than 35 days' supply, may order and receive, in addition to the amount permitted under the Stock Limitation Table, such additional coal as is necessary to maintain such 35 days' supply.

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(e) No restrictions on receipts by industrial consumers of coal produced in Districts 5, 12, 14–23, inclusive, and Canada (Group D). If you are an industrial consumer you are not presently restricted in the amount of coal which you may receive from Districts 5, 12, 14-23, inclusive, and Canada (Group D).

NOTE: Coal produced in districts in Group D shall be included in calculating days' supply under § 602.513.

(f) Restrictions on receipts by industrial consumers of coal produced in more than one group of districts. You will note that under this section more stringent restrictions are imposed on receipts of coal produced in Group C than on receipts of coal produced in the other groups, and that more stringent restrictions are imposed on receipts of coal produced in Group B than on receipts of coal produced in Group A. If you are an industrial consumer receiving coal from any two of such groups of districts, you are prohibited from receiving more coal in the aggregate during any calendar month than you may receive under §§ 602.500 to 602.525, inclusive, from the more liberal group from which you buy; moreover, you are prohibited from receiving during any calendar month more coal from the less liberal group from which you buy than you would be permitted to receive if you bought coal only from that group.

If you receive coal from three groups of districts, you are prohibited from receiving more coal in the aggregate during any calendar month than you may receive under §§ 602.500 to 602.525, inclusive, from the most liberal group from which you buy coal; you may not receive from the least liberal group more coal than you would be permitted to receive if you bought only from that group; and you may not receive from the next most liberal group an amount of coal greater than the difference between the amount you are permitted to receive from that group and the amount you are permitted to receive from the least liberal group.

If you order coal for a railroad system and compute separately the days' supply of coal produced in districts included in Groups B and C, and the days' supply of coal produced in districts included in Groups A and D, as permitted under § 602.513, you are prohibited from receiving, in the aggregate, during any calendar month, from districts included

in Groups B and C, an amount of coal greater than your average monthly purchases of coal from such districts during January, February, March and April 1944.

Provisions to Which Retail Dealers Receiving Coal Are Subject

Sections 602.518 and 602.519 apply to retail dealers. To the extent that you sell, deliver, or dispose of coal in a transaction involving the disposal of coal physically handled in a truck, wagon, or other less-than-carload facility without regard to quantity or frequency of delivery, you are a retail dealer.

§ 602.518 Restrictions on receipts by retail dealers from commercial lake dock operators. If you are a retail dealer located in Iowa, Michigan, Minnesota, North Dakota, South Dakota, or Wisconsin, you are prohibited from receiving ex-lake dock during the period April 1, 1944 to March 31, 1945, from any commercial lake dock operator on Lake Superior or on the west bank of Lake Michigan, north of and including Waukegan, Illinois, or in the State of Michigan, more than 90 per cent of the total amount of coal (except "slack" or "nut and slack"), briquettes, and packaged fuel which was shipped to you by such commercial lake dock operator during the period April 1, 1943 to March 31, 1944.

If you are a retail dealer located in any other area, you are prohibited from ' receiving any coal from any commercial lake dock operator located on Lake Superior or on the west bank of Lake Michigan, north of and including, Waukegan, Illinois, or in the State of Michigan, unless you first obtain permission of the Solid Fuels Administration for War, Washington 25, D. C.

CODIFICATION: In the first sentence of § 602.518, "Iowa" was inserted after the words "located in" and preceding "Michigan," by Regulation 23, Amendment 1, Oct. 12, 1944, 9 F.R. 12437.

§ 602.519 Receipts by retail dealers of coal produced in Dictricts 7 and 8-(a) Restrictions on receipts. If you are a retail dealer, you are prohibited from receiving from any shipper (other than a commercial lake dock operator described in § 602.518), during the period April 1, 1944 to March 31, 1945, more than 90 per cent of the total amount of coal (except slack) produced in Districts 7

and 8 which he shipped to you during the period April 1, 1943 to March 31, 1944.

NOTE: Under § 602.505 (a) (2), a shipper may obtain special permission to substitute as a base year the period April 1, 1942 to March 31, 1943.

(b) Effect and operation of preference. Under § 602.505, shippers are required to give preferential treatment to orders of retail dealers for coal in an amount equal to 90 per cent of the tonnage shipped to such dealers during the period April 1, 1943 to March 31, 1944. In filling orders entitled to a preference under § 602.505, your supplier is entitled to treat low volatile lump, egg, stove and domestic mine run coal produced in District 7 and 8 as a unit and interchangeable, and high volatile lump, egg, stove, and nut coal produced in Districts 7 and 8 as a unit and interchangeable. For this reason, in order to obtain the full benefit of the preference, you should, when ordering coal, indicate your willingness to accept interchangeable sizes of coal produced in Districts 7 and 8.

NOTE: Present production estimates indicate that retail dealers located in Consuming Area 3, as defined in § 602.505 will receive less than 90 per cent of the amount of coal which they obtained last year from District 8 and substantially less than 90 per cent of the amount of coal which they obtained last year from District 7.

PROVISIONS OF GENERAL APPLICABILITY

§ 602.520 Assistance to persons unable to obtain sufficient coal. Any person who is informed that a supplier will be unable to fill a commitment or order for coal to which such person is entitled under the provisions of §§ 602.500 to 602.525, inclusive, shall:

(a) Endeavor to secure such coal from other suppliers;

(b) Request, if he so desires, assistance in obtaining such coal by filing a written request, in duplicate, with the Area Distribution Manager for the area from which the coal would have been obtained under the commitment or order. Such written request shall be accompanied by a copy of the commitment or order which is not expected to be filled, and a statement indicating the extent to which the commitment or order is not expected to be filled.

Upon receipt of such a request, the Area Distribution Manager shall transmit one copy of the request to the appropriate Bituminous Coal Producers

Advisory Board, which shall immediately consult with the Area Distribution Manager and transmit to him in writing its recommendation, and shall notify him in writing of any sources of supply which may be available to furnish coal to the person filing the request. The Area Distribution Manager shall furnish such information to the person filing the request, who may then make any voluntary arrangement with such supplier for the purchase of coal.

The Advisory Board and the Area Distribution Manager may also recommend to the Solid Fuels Administration for War the issuance of appropriate directions to assure shipments of adequate coal to the person filing the request.

§ 602.521 Preservation of orders and effect of representations. All statements required by §§ 602.500 to 602,525, inclusive, to be contained in written orders and confirmations of orders, as well as those to be contained in reports required to be filed shall be deemed made to SFAW. All persons shall, on behalf of SFAW, keep and preserve for a period of not less than two years all written orders and confirmation of orders served upon them pursuant to the provisions of §§ 602.500 to 602.525, inclusive. These orders and confirmations shall, upon request, be submitted for inspection, copy, and audit by the duly authorized representatives of SFAW.

Any person disposing of coal may rely upon any statement made by a purchaser pursuant to §§ 602.500 to 602.525, inclusive.

§ 602.522 Damages for breach of contract. No person shall be held liable for damages or penalties under any contract for any default which shall result directly or indirectly from compliance with the provisions of §§ 602.500 to 602.525, inclusive.

§ 602.523 Violations. Any person who violates any provision of §§ 602.500 to 602.525, inclusive, or who, by any statement or omission, falsifies any records which he is required to keep, or who certifies false or misleading information to the Solid Fuels Administrator for War, or any person who obtains a delivery of bituminous coal by means of a false or misleading statement, may be prohibited from delivering or receiving any material under priority control. The SFAW may also take any other action deemed appropriate, including the mak