ing of a recommendation for prosecution under section 35 (A) of the Criminal Code (18 U.S.C., sec. 80) or under the Second War Powers Act (Public No. 507, 77th Cong., March 27, 1942).

§ 602.524 Official interpretations. No interpretation of §§ 602.500 to 602.525, inclusive, is authorized or official unless it is in writing and signed by the Administrator, the Deputy Administrator or the General Counsel of SFAW. Inquiries and communications with reference to the meaning and application of §§ 602.500 to 602.525, inclusive, may be addressed to the Solid Fuels Administration for War, Washington 25, D. C., or to the appropriate Area Distribution Manager of SFAW.

§ 602.525 Applications for modification or exception. Applications for modification for or exception from any provision of §§ 602.500 to 602.525, inclusive, shall be filed in triplicate with the Area Distribution Manager or with the Solid Fuels Administration for War, Washington 25, D. C. Applications shall set forth in detail the grounds for requesting relief and information supporting the request.

NOTE: The reporting provisions of §§ 602.500 to 602.525, inclusive, have been approved by the Bureau of the Budget, pursuant to the Federal Reports Act of 1942.

APPENDIX A-BITUMINOUS COAL PRODUCING DISTRICTS AS DEFINED IN THE ANNEX TO THE BITUMINOUS COAL ACT OF 1937

District 1. The following counties in Pennsylvania: Bedford, Blair, Bradford, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Elk, Forest, Fulton, Huntington, Jefferson, Lycoming, McKean, Mifflin, Potter, Somerset, Tioga.

Armstrong County, including mines served by the P. & S. R. R. on the west bank of the Allegheny River, and north of the Conemaugh division of the Pennsylvania Railroad.

Fayette County, all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad.

Indiana County, north of but excluding the Saltsburg branch of the Pennsylvania Railroad between Edri and Blairsville, both exclusive.

Westmoreland County, including all mines served by the Pennsylvania Railroad, Torrance, and east..

All coal-producing counties in the State of Maryland.

The following counties in West Virginia: Grant, Mineral, Tucker.

District 2. The following counties in Pennsylvania: Allegheny, Beaver, Butler, Greene, Lawrence, Mercer, Venango, Washington.

Armstrong County, west of the Allegheny River and exclusive of mines served by the P. & S. R. R.

Indiana County, including all mines served on the Saltsburg branch of the Pennsylvania Railroad north of Conemaugh River.

Fayette County, except all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad.

Westmoreland County, including all mines except those served by the Pennsylvania Railroad from Torrance, east.

District 3. The following counties in West Virginia: Barbour, Braxton, Calhoun, Doddridge, Gilmer, Harrison, Jackson, Lewis, Marion, Monongalia, Pleasants, Preston, Randolph, Ritchie, Roane, Taylor, Tyler, Upshur, Webster, Wetzel, Wirt, Wood.

That part of Nicholas County including mines served by the Baltimore and Ohio Railroad and north.

District 4. All coal-producing counties in Ohio.

District 5. All coal-producing counties in Michigan.

District 6. The following counties in West Virginia: Brooke, Hancock, Marshall and Ohio.

District 7. The following counties in West Virginia: Greenbrier, Mercer, Monroe, Pocahontas, Summers.

Fayette County, east of Gauley River and including the Gauley River branch of the Chesapeake and Ohio Railroad and mines served by the Virginian Railway.

McDowell County, that portion served by the Dry Fork branch of the Norfolk and Western Railroad and east thereof. Raleigh County, excluding all mines on the Coal River branch of the Chesapeake and Ohio Railroad.

Wyoming County, that portion served by the Gilbert branch of the Virginian Railway lying east of the mouth of Skin Fork of Guyandot River and that portion served by the main line and the Glen Rogers branch of the Virginian Railway.

The following counties in Virginia: Montgomery, Pulaski, Wythe, Giles, Craig.

Tazewell County, that portion served by the Dry Fork branch to Cedar Bluff and from Bluestone Junction to Boissevain branch of the Norfolk and Western Railroad and Richlands-Jewell Ridge branch of the Norfolk and Western Railroad.

Buchanan County, that portion served by the Richlands-Jewell Ridge branch of the Norfolk and Western Railroad and that portion of said county on the headwaters of Dismal Creek, east of Lynn Camp Creek (a tributary of Dismal Creek).

District 8. The following counties in West Virginia: Boone, Clay, Kanawha, Lincoln, Logan, Mason, Mingo, Putnam, Wayne, Cabell.

Fayette County, west of, but not including mines of the Gauley River branch of the Chesapeake and Ohio Railroad.

McDowell County, that portion not served by and lying west of the Dry Fork branch of the Norfolk and Western Railroad.

Raleigh County, all mines on the Coal River branch of the Chesapeake and Ohio Railroad and north thereof.

Nicholas County, that part south of and not served by the Baltimore and Ohio Railroad.

Wyoming County, that portion served by Gilbert branch of the Virginian Railway lying west of the mouth of Skin Fork of Guyandot River.

The following counties in Virginia: Dickinson, Lee, Russell, Scott, Wise.

All of Buchanan County, except that portion on the headquarters of Dismal Creek, east of Lynn Camp Creek (tributary of Dismal Creek) and that portion served by the Richlands-Jewell Ridge branch of the Norfolk and Western Railroad. Tazewell County, except portions served by the Dry Fork branch of Norfolk and Western Railroad and branch from Bluestone Junction to Boissevain of of Norfolk and Western Railroad and Richlands-Jewell Ridge branch of the Norfolk and Western Railroad.

The following counties in Kentucky: Bell, Boyd, Breathitt, Carter, Clay, Elliott, Floyd, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, McCreary, Magoffin, Martin, Morgan, Owsley, Perry, Pike, Rockcastle, Wayne, Whitley.

The following counties in Tennessee: Anderson, Campbell, Claiborne, Cumberland, Fentress, Morgan, Overton, Roane, Scott.

The following counties in North Carolina: Lee, Chatham, Moore.

District 9. The following counties in Kentucky: Butler, Christian, Crittenden, Daviess, Hancock, Henderson, Hopkins, Logan, McLean, Muhlenberg, Ohio, Simpson, Todd, Union, Warren, Webster.

District 10. All coal-producing counties in Illinois.

District 11. All coal-producing counties in Indiana.

District 12. All coal-producing counties in Iowa.

District 13. All coal-producing counties in Alabama.

The following counties in Georgia; Dade, Walker.

District No:

1.

2..

3..

4 and 6.

7---

8.

9.

10.

11.

12.

in

The following counties Tennessee: Marion, Grundy Hamilton, Bledsoe, Sequatchie, White, Van Buren, Warren, McMinn, Rhea.

District 14. The following counties in Arkansas: All counties in the State.

in

Oklahoma:

The following counties Haskell, Le Flore, Sequoyah. District 15. All coal-producing counties in Kansas.

All coal-producing counties in Texas. All coal-producing counties in Missouri. The following counties in Oklahoma: Coal, Craig, Latimer, Muskogee, Okmulgee, Pittsburg, Rogers, Tulsa, Wagoner.

District 16. The following counties in Colorado: Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jackson, Jefferson, Larimer, Weld.

District 17. The following counties in Colorado: All counties not included in District 16.

The following counties in New Mexico: All coal-producing counties in the State of New Mexico, except those included in District 18.

District 18. The following counties in New Mexico: Grant, Lincoln, McKinley, Rio Arriba, Sandoval, San Juan, San Miguel, Santa Fe, Socorro.

The following counties in Arizona: Pinal, Navajo, Graham, Apache, Coconino.

All coal-producing counties in California. District 19. All coal-producing counties in Wyoming.

The following counties in Idaho: Fremont, Jefferson, Madison, Teton, Bonneville, Bingham, Bannock, Power, Caribou, Oneida, Franklin, Bear Lake.

District 20. All coal-producing counties in Utah.

District 21. All coal-producing counties in North Dakota.

Pa.

District No:

13_

14 and 15------

16, 17 and 18.. 19, 20 and 22.

23

RECLAIMED BEEHIVE COKE

SOURCE: §§ 602.550 to 602.555, inclusive, contained in Regulation 22, Solid Fuels Administrator for War, June 20, 1944, effective July 1, 1944, 9 F.R. 6942.

§ 602.550 Definitions. (a) "Coke" means all coke which is produced from bituminous coal.

(b) "Reclaimed beehive coke" means beehive coke which has been reclaimed from waste banks adjacent to beehive

ovens.

(c) "Producer" means any person engaged in the business of reclaiming beehive coke from waste banks.

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

(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 reclaimed coke in any transaction except a wholesale transaction involving the shipment, sale, or sale and delivery, of broken bulk reclaimed beehive coke physically handled in a truck, wagon or other less than carload facility without regard to quantity or frequency of delivery.

(f) "Domestic consumer" means any person who acquires reclaimed beehive coke for space heating, domestic hot water, or domestic cooking, except to the extent that he acquires such solid fuels for space heating incidental to an industrial process or the production of power.

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

§ 602.551 Restrictions on shipments by producers, wholesalers and retail dealers. No producer or wholesaler shall ship any reclaimed beehive coke intended for use by any domestic consumer, and no retail dealer shall deliver any reclaimed beehive coke to a domestic consumer if such reclaimed beehive coke has an ash content, on a dry basis, in excess of 20 per cent by weight in sizes over one inch, or an ash content of 25 per cent by weight in sizes 2 x 1"' or smaller.

§ 602.552 Designation of fuel by retail dealers. Each retail dealer who delivers reclaimed beehive coke to any domestic consumer or who delivers to any domestic consumer a mixture of solid fuels containing reclaimed beehive coke, shall designate on the weigh slip, delivery ticket, statement or other evidence of such delivery, that the fuel delivered was reclaimed beehive coke or that the mixture of solid fuel delivered contained reclaimed beehive coke and the amount of such coke contained in the mixture.

§ 602.553 Damages for breach of contract. No person shall be held liable under any contract for damages or penalties for any default which shall result directly or indirectly from compliance with §§ 602.550 to 602.555, inclusive.

§ 602.554 Violations. Any person who violates any provision of §§ 602.550 to 602.555, inclusive, or who wilfully, furnishes false or misleading information regarding the ash content of reclaimed beehive coke shipped or delivered by him may be precluded in whole or in part from shipping or receiving reclaimed beehive coke and may be prohibited from delivering or receiving any material under priority control. The Solid Fuels Administration for War may also take any other action deemed appropriate, including the making of a recommendation for prosecution under section 35 (A) of the Criminal Code (18 U.S.C. sec. 80) or under the Second War Powers Act (50 U.S.C. 633).

§ 602.555 Applications for modification or exception. Any application for modification of or exception from any provision of §§ 602.550 to 602.555, inclusive, shall be filed in triplicate with the Solid Fuels Administration for War, Washington 25, D. C. The application shall set forth in detail the provisions sought to be modified or from which an exception is sought and the reasons and data in support of such request for modification or exception.

REPORTING REQUIREMENTS FOR SHIPMENTS OF COKE FOR DOMESTIC USE SOURCE: §§ 602.575 to 602.580, inclusive, contained in Order 17, Solid Fuels Administrator for War, June 20, 1944, effective July 1, 1944, 9 F.R. 6941.

(a) "Coke"

§ 602.575 Definitions. means all coke which is produced from bituminous coal.

(b) "By-product coke" means that coke which is produced in a by-product coke oven and does not include coke which is produced in a coal-gas retort.

(c) "Beehive coke" means that coke which is produced in a beehive oven.

(d) "Reclaimed beehive coke" means beehive coke which has been reclaimed from waste banks adjacent to beehive ovens.

(e) "Producer" means any person engaged in the business of manufacturing by-product coke or beehive coke or who is engaged in the business of reclaiming beehive coke from waste banks.

(f) "Wholesaler" means any producer to the extent that he ships coke to persons in the United States; and any person who receives or purchases coke for shipment, distribution or resale to any person in the United States.

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

(h) "Domestic use" means the use of coke for space heating, domestic hot water or domestic cooking, except to the extent that coke is used for space heating incidental to an industrial use.

§ 602.576 Information to be furnished by producers and wholesalers of coke. (a) on or before the first day of September 1944, each producer of by-product coke, beehive coke and reclaimed beehive coke shall report in writing to SFAW on forms to be furnished by it,

information as to shipments of coke for domestic use to destinations within the United States during each of the calendar months of January, February, March, April and May 1944.

(b) on or before the 15th day of July 1944, and on or before the 15th day of each succeeding calendar month, each producer of by-product coke, beehive coke and reclaimed beehive coke shall report in writing to SFAW on forms to be furnished by it, information as to shipments of coke for domestic use to destinations within the United States during the preceding calendar month together with an estimate of such shipments made and to be made during the calendar month in which the report is made.

(c) The reports required by paragraphs (a) and (b) of this section shall set forth by States the ultimate destination of the shipments of coke reported and in the event that the producer does not know and cannot determine the ultimate destination of coke shipped by him because such shipment was made to or for the account of a wholesaler, then the producer shall inform SFAW of the name and address of the wholesaler to or for whose account the shipment was made and the number of tons shipped. Thereupon, SFAW may require the wholesaler to report by States the ultimate destination of such coke shipped to or for his account.

§ 602.577 Records. Each person to whom any portion of §§ 602.575 to 602.580, inclusive, applies shall keep and preserve for a period of two years, accurate and complete records of all of the details of shipments of coke required to be reported by §§ 602.575 to 602.580, inclusive.

§ 602.578 Audit and inspection. All records required to be kept by §§ 602.575 to 602.580, inclusive, shall, upon request, be submitted for inspection, copy and audit by any duly authorized representative of Solid Fuels Administration for War.

§ 602.579 Approval of the Bureau of the Budget. The reporting requirements of §§ 602.575 to 602.580, inclusive, have been approved by the Bureau of the Budget pursuant to the Federal Reports Act of 1942 and regulations issued thereunder.

§ 602.580 Violations. Any person who violates any provision of §§ 602.575

to 602.580, inclusive, or who, by any statement or omission wilfully falsifies any records which he is required to keep, or who otherwise wilfully furnishes false or misleading information to Solid Fuels Administration for War, may be prohibited from delivering and receiving any material under priority control, or SFAW may take any appropriate action, including the making of a recommendation for prosecution under section 35 (A) of the Criminal Code (18 U.S.C., sec. 80 (any person found guilty of violating the statute may be fined not more than $10,000 or imprisoned for not more than ten years or both)); or under the Second War Powers Act (50 U.S.C. 633 (any person found guilty of violating the statute may be fined not more than $10,000 or imprisoned for not more than ten years or both)).

REPORTING REQUIREMENTS FOR SHIPMENTS OF EXCESS TONNAGES OF COKE SOURCE: §§ 602.590 to 602.595, inclusive, contained in Order 19, Solid Fuels Administrator for War, Aug. 10, 1944, 9 F.R. 9817.

§ 602.590 Definitions. (a) "Coke" means coke which is produced from bituminous coal in a by-product coke oven, except coke which is produced in a coalgas retort.

(b) "Producer" means any person engaged in the business of manufacturing coke.

(c) "Wholesaler" means any producer to the extent that he distributes coke to equipped retail dealers and any person who receives or purchases coke for shipment, distribution or resale to any equipped retail dealer or any other wholesaler.

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

(e) "Equipped retail dealer" means any retail dealer who has both storage facilities and truck scales.

(f) "Unequipped retail dealer" means any retail dealer except an equipped retail dealer.

(g) "Retail sales" means the tonnage of coke intended for domestic use distributed by a producer or wholesaler (i) as a retail dealer direct to consumers and (ii) to unequipped retail dealers.

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

(i) "Domestic use" means the use of coke for space heating, domestic hot water or domestic cooking, except to the extent that coke is used for space heating incidental to an industrial use.

(j) "Limitation area" means the District of Columbia, the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, Pennsylvania, Ohio, Michigan, Indiana, Illinois, Wisconsin, Minnesota and Missouri.

§ 602.591 Information to be furnished by producers and wholesalers of coke. (a) Each producer and wholesaler who makes retail sales in the limitation area or who ships coke intended for domestic use to equipped retail dealers located in the limitation area shall, on or before August 20, 1944, report in writing to Solid Fuels Administration for War, Washington 25, D. C., on forms to be furnished by it, information as to such retail sales and separate information as to such shipments of coke if:

(i) Retail sales or shipments to any equipped retail dealer in the limitation area during the period April 1 to June 30, 1944, inclusive, exceed the total retail sales or the total shipments to any such retail dealer during the corresponding period in 1943;

(ii) The producer or wholesaler expects that such retail sales or shipments to any equipped retail dealer located in the limitation area will exceed during the period July 1, 1944 to March 31, 1945, inclusive, the total of such retail sales or the total shipments to any such equipped retail dealer made during the period July 1, 1943 to March 31, 1944, inclusive.

(b) The report required by paragraph (a) of this section shall set forth, among other things, the total tonnage of retail sales made during the period April 1, 1943 to March 31, 1944, inclusive; the total tonnage of such sales made during